February 20, 2009
HOUSE BILL No. 1323
DIGEST OF HB 1323
(Updated February 18, 2009 12:29 pm - DI 96)
Citations Affected: IC 9-21; IC 9-24.
Synopsis: Various motor vehicle matters. Requires the driver of a
school bus to stop the school bus before crossing certain railroad
tracks. (Current law requires the driver to stop only when carrying a
passenger.) Authorizes an individual less than 18 years of age to
operate a motor vehicle in which there are passengers if the licensed
operator is accompanied by a parent, guardian, or stepparent of the
operator who is: (1) not a licensed driver; (2) at least 21 years of age;
and (3) present in the front seat of the motor vehicle.
Effective: July 1, 2009.
January 13, 2009, read first time and referred to Committee on Roads and Transportation.
February 19, 2009, amended, reported _ Do Pass.
February 20, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1323
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-21-12-17; (09)HB1323.1.1. -->
SECTION 1. IC 9-21-12-17, AS AMENDED BY P.L.107-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 17. (a) Except as provided in subsection (b),
before crossing any railroad track at grade, the driver of a school bus
or special purpose bus
carrying a passenger shall stop the bus within
fifty (50) feet but not less than fifteen (15) feet from the nearest rail.
While the bus is stopped, the driver shall:
(1) listen through an open door;
(2) look in both directions along the track for an approaching
(3) look for signals indicating the approach of a train.
The driver may not proceed until it is safe to proceed. When it is safe
to proceed, the driver shall select a gear that will allow the driver to
cross the tracks without changing gears. The driver may not shift gears
while crossing the tracks.
(b) The driver is not required to stop when a police officer is
directing the flow of traffic across railroad tracks.
(c) Upon conviction of a violation of this section, a driver shall have
the driver's operator's license suspended for a period of not less than
sixty (60) days in addition to the penalties provided by section 11 of
SOURCE: IC 9-24-11-3; (09)HB1323.1.2. -->
SECTION 2. IC 9-24-11-3, AS AMENDED BY P.L.184-2007,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3. (a) A license issued to an individual less than
eighteen (18) years of age is a probationary license.
(b) An individual holds a probationary license subject to the
(1) Except as provided in IC 31-37-3, the individual may not
operate a motor vehicle during the curfew hours specified in
(2) During the ninety (90) days following the issuance of the
probationary license, the individual may not operate a motor
vehicle in which there are passengers unless another individual
(A) is at least twenty-one (21) years of age and
holds a valid operator's license issued under this article; or
(B) is the individual's parent, guardian, or stepparent who
is at least twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(3) The individual may operate a motor vehicle only if the
individual and each occupant of the motor vehicle has a safety
belt properly fastened about the occupant's body at all times when
the motor vehicle is in motion.
(c) An individual who holds a probationary license issued under this
section may receive an operator's license, a chauffeur's license, a public
passenger chauffeur's license, or a commercial driver's license when the
individual is at least eighteen (18) years of age.
(d) Except as provided in subsection (e), a probationary license
issued under this section:
(1) expires at midnight of the twenty-first birthday of the holder;
(2) may not be renewed.
(e) A probationary license issued under this section to an individual
who complies with IC 9-24-9-2.5(5) through IC 9-24-9-2.5(9) expires:
(1) at midnight one (1) year after issuance if there is no expiration
date on the authorization granted to the individual to remain in the
United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
(A) At midnight of the date the authorization to remain in the
United States expires.
(B) At midnight of the twenty-first birthday of the holder.