Citations Affected: IC 8-2.1-24-18.
Synopsis: Financial responsibility for carriers of property. Requires an
interstate and intrastate carrier of nonhazardous property to have not
less than $1,000,000 in financial responsibility in effect in order to
operate in Indiana.
Effective: July 1, 2008.
January 14, 2008, read first time and referred to Committee on Insurance and Financial
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
interrupted by an emergency. Except as provided in subsection (i),
intrastate motor carriers not operating under authority issued by the
United States Department of Transportation shall comply with the
requirements of 49 CFR 390.21(b)(3) by registering with the
department of state revenue as an intrastate motor carrier and
displaying the certification number issued by the department of state
revenue preceded by the letters "IN". Except as provided in subsection
(i), all other requirements of 49 CFR 390.21 apply equally to interstate
and intrastate motor carriers.
(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177 through 178, and 180, are incorporated into Indiana law by reference, and every:
(1) private carrier;
(2) common carrier;
(3) contract carrier;
(4) motor carrier of property, intrastate;
(5) hazardous material shipper; and
(6) carrier otherwise exempt under section 3 of this chapter;
must comply with the federal regulations incorporated under this subsection, whether engaged in interstate or intrastate commerce.
(c) Notwithstanding subsection (b), nonspecification bulk and nonbulk packaging, including cargo tank motor vehicles, may be used only if all the following conditions exist:
(1) The maximum capacity of the vehicle is less than three thousand five hundred (3,500) gallons.
(2) The shipment of goods is limited to intrastate commerce.
(3) The vehicle is used only for the purpose of transporting fuel oil, kerosene, diesel fuel, gasoline, gasohol, or any combination of these substances.
All additional federal standards for the safe transportation of hazardous materials apply until July 1, 2000. After June 30, 2000, the maintenance, inspection, and marking requirements of 49 CFR 173.8 and Part 180 are applicable. In accordance with federal hazardous materials regulations, new or additional nonspecification cargo tank motor vehicles may not be placed in service under this subsection after June 30, 1998.
(d) For the purpose of enforcing this section, only:
(1) a state police officer or state police motor carrier inspector who:
(A) has successfully completed a course of instruction approved by the United States Department of Transportation; and
unawareness and has had less than one (1) documented,
symptomatic hypoglycemic reaction per month;
(C) has demonstrated the ability and willingness to properly monitor and manage the driver's diabetic condition;
(D) has agreed to and, to the endocrinologist's or treating physician's knowledge, has carried a source of rapidly absorbable glucose at all times while driving a motor vehicle, has self monitored blood glucose levels one (1) hour before driving and at least once every four (4) hours while driving or on duty before driving using a portable glucose monitoring device equipped with a computerized memory; and
(E) has submitted the blood glucose logs from the monitoring device to the endocrinologist or treating physician at the time of the annual medical examination.
A copy of the blood glucose logs shall be filed along with the annual statement from the endocrinologist or treating physician with the bureau of motor vehicles for review by the driver licensing medical advisory board established under IC 9-14-4. A copy of the annual statement shall also be provided to the driver's employer for retention in the driver's qualification file, and a copy shall be retained and held by the driver while driving for presentation to an authorized federal, state, or local law enforcement official. Notwithstanding the requirements of this subdivision, the endocrinologist, the treating physician, the advisory board of the bureau of motor vehicles, or the bureau of motor vehicles may, where medical indications warrant, establish a short period for the medical examinations required under this subdivision.
(2) Subpart 396.9 as it applies to inspection of vehicles carrying or loaded with a perishable product. However, this exemption does not prohibit a law enforcement officer from stopping these vehicles for an obvious violation that poses an imminent threat of an accident or incident. The exemption is not intended to include refrigerated vehicles loaded with perishables when the refrigeration unit is working.
(3) Subpart 396.11 as it applies to driver vehicle inspection reports.
(4) Subpart 396.13 as it applies to driver inspection.
(h) For purposes of 49 CFR 395.1(l), "planting and harvesting season" refers to the period between January 1 and December 31 of each year. The intrastate commerce exception set forth in 49 CFR 395.1(l), as it applies to the transportation of agricultural commodities
and farm supplies, is restricted to single vehicles and cargo tank motor
vehicles with a capacity of not more than five thousand four hundred
(i) The requirements of 49 CFR 390.21 do not apply to an intrastate carrier or a guest operator not engaged in interstate commerce and operating a motor vehicle as a farm vehicle in connection with agricultural pursuits usual and normal to the user's farming operation or for personal purposes unless the vehicle is operated either part time or incidentally in the conduct of a commercial enterprise.
(j) The superintendent of state police may adopt rules under IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by reference under this section.
(k) 49 CFR 387.9 concerning minimum levels of financial responsibility for motor vehicles transporting commodities is adopted as Indiana law, except for the provision in 49 CFR 387.9 establishing the minimum level of financial responsibility for a for-hire motor vehicle that has a gross vehicle weight rating of 10,0001 or more pounds and that transports nonhazardous property. The minimum level of financial responsibility for a for-hire motor vehicle described in this subsection is one million dollars ($1,000,000).