Introduced Version






SENATE BILL No. 476

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-13-2; IC 9-17-1-1; IC 9-18-1-2; IC 9-21-8-46; IC 14-8-2.

Synopsis: Mini-trucks. Authorizes the use of mini-trucks on Indiana highways after December 31, 2009. Requires a mini-truck that is operated on a highway to be titled and registered. Prohibits the operation of a mini-truck on an interstate highway. Requires a dealer of mini-trucks to register as a dealer after December 31, 2009. Excludes mini-trucks when being operated on a highway from the definition of "off-road vehicle" for the purpose of natural resources law. Makes conforming amendments.

Effective: July 1, 2009.





Young R




    January 14, 2009, read first time and referred to Committee on Homeland Security, Transportation & Veterans Affairs.







Introduced

First Regular Session 116th General Assembly (2009)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2008 Regular Session of the General Assembly.

SENATE BILL No. 476



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-13-2-42; (09)IN0476.1.1. -->     SECTION 1. IC 9-13-2-42, AS AMENDED BY P.L.131-2008, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 42. (a) "Dealer" means, except as otherwise provided in this section, a person who sells to the general public, including a person who sells directly by the Internet or other computer network, at least twelve (12) vehicles each year for delivery in Indiana. The term includes a person who sells off-road vehicles and, after December 31, 2009, mini-trucks. A dealer must have an established place of business that meets the minimum standards prescribed by the bureau under rules adopted under IC 4-22-2.
    (b) The term does not include the following:
        (1) A receiver, trustee, or other person appointed by or acting under the judgment or order of a court.
        (2) A public officer while performing official duties.
        (3) A person who is a dealer solely because of activities as a transfer dealer.
    (c) "Dealer", for purposes of IC 9-31, means a person that sells to

the general public for delivery in Indiana at least six (6):
        (1) boats; or
        (2) trailers:
            (A) designed and used exclusively for the transportation of watercraft; and
            (B) sold in general association with the sale of watercraft;
per year.

SOURCE: IC 9-13-2-103.1; (09)IN0476.1.2. -->     SECTION 2. IC 9-13-2-103.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 103.1. "Mini-truck" means a truck that:
        (1) is a foreign manufactured import truck that is powered by an internal combustion engine with a piston or rotor displacement of six hundred sixty (660) cubic centimeters or less;
        (2) is sixty (60) inches or less in width;
        (3) has an unladen dry weight of one thousand six hundred (1,600) pounds or less;
        (4) can achieve a top speed of not more than sixty (60) miles per hour;
        (5) is capable of being operated on a highway and is capable of cross-country travel without the benefit of a road;
        (6) is manufactured with a locking enclosed cab and a heated interior; and
        (7) is operated on a highway.

SOURCE: IC 9-17-1-1; (09)IN0476.1.3. -->     SECTION 3. IC 9-17-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) This article does not apply to farm wagons or to a motor vehicle that was designed to have a maximum design speed of not more than twenty-five (25) miles per hour and that was built, constructed, modified, or assembled by a person other than the manufacturer.
     (b) IC 9-17-2, IC 9-17-3, IC 9-17-4, IC 9-17-5, and IC 9-17-8 apply to a mini-truck after December 31, 2009.
SOURCE: IC 9-18-1-2; (09)IN0476.1.4. -->     SECTION 4. IC 9-18-1-2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. After December 31, 2009, this article applies to a mini-truck with the exception of the following:
        (1) IC 9-18-7.
        (2) IC 9-18-9 through IC 9-18-11.
        (3) IC 9-18-13.
        (4) IC 9-18-27.

SOURCE: IC 9-21-8-46; (09)IN0476.1.5. -->     SECTION 5. IC 9-21-8-46, AS AMENDED BY P.L.210-2005,

SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 46. A person may not drive or operate:
        (1) an implement of agriculture designed to be operated primarily in a farm field or on farm premises; or
        (2) a piece of special machinery; or
        (3) after December 31, 2009, a mini-truck;

upon any part of an interstate highway.

SOURCE: IC 14-8-2-123; (09)IN0476.1.6. -->     SECTION 6. IC 14-8-2-123 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 123. "Highway, street, or right-of-way", for purposes of IC 14-16 and section 185(c)(9) of this chapter, means the entire width between the boundary lines of a way:
        (1) that is publicly maintained; and
        (2) when any part of the way is open to the use of the public for purposes of vehicular travel.
SOURCE: IC 14-8-2-166.5; (09)IN0476.1.7. -->     SECTION 7. IC 14-8-2-166.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 166.5. "Mini-truck", for purposes of section 185 of this chapter, means a truck that:
        (1) is a foreign manufactured import truck that is powered by an internal combustion engine with a piston or rotor displacement of six hundred sixty (660) cubic centimeters or less;
        (2) is sixty (60) inches or less in width;
        (3) has an unladen dry weight of one thousand six hundred (1,600) pounds or less;
        (4) can achieve a top speed of not more than sixty (60) miles per hour;
        (5) is capable of being operated on a highway and is capable of cross-country travel without the benefit of a road; and
        (6) is manufactured with a locking enclosed cab and a heated interior.

SOURCE: IC 14-8-2-185; (09)IN0476.1.8. -->     SECTION 8. IC 14-8-2-185, AS AMENDED BY P.L.225-2005, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 185. (a) "Off-road vehicle", for purposes of IC 14-16-1 and IC 14-19-1-0.5, means a motor driven vehicle capable of cross-country travel:
        (1) without benefit of a road; and
        (2) on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.
    (b) The term includes the following:
        (1) A multi-wheel drive or low pressure tire vehicle.
        (2) An amphibious machine.
        (3) A ground effect air cushion vehicle.
        (4) Other means of transportation deriving motive power from a source other than muscle or wind.
    (c) The term does not include the following:
        (1) A farm vehicle being used for farming.
        (2) A vehicle used for military or law enforcement purposes.
        (3) A construction, mining, or other industrial related vehicle used in performance of the vehicle's common function.
        (4) A snowmobile (as defined by section 261 of this chapter).
        (5) A registered aircraft.
        (6) Any other vehicle properly registered by the bureau of motor vehicles.
        (7) Any watercraft that is registered under Indiana statutes.
        (8) A golf cart vehicle.
         (9) A mini-truck when the mini-truck is being operated on a highway.
SOURCE: ; (09)IN0476.1.9. -->     SECTION 9. [EFFECTIVE JULY 1, 2009] (a) As used in this SECTION, "bureau" refers to the bureau of motor vehicles created by IC 9-14-1-1.
    (b) As used in this SECTION, "mini-truck" has the meaning set forth in IC 9-13-2-103.1, as added by this act.
    (c) Notwithstanding IC 9-13-2-42, as amended by this act, a person who engages in the business of selling at least twelve (12) mini-trucks to the general public each year for delivery in Indiana, and whose business name begins with the letters A through L, inclusive, is not required to apply for a dealer's license under IC 9-23-2 with the bureau until the month in 2010 required by IC 9-23-2-8.
    (d) This SECTION expires December 31, 2010.

SOURCE: ; (09)IN0476.1.10. -->     SECTION 10. [EFFECTIVE JULY 1, 2009] (a) As used in this SECTION, "bureau" refers to the bureau of motor vehicles created by IC 9-14-1-1.
    (b) As used in this SECTION, "mini-truck" has the meaning set forth in IC 9-13-2-103.1, as added by this act.
    (c) Before January 1, 2010, in accordance with IC 6-6-5-3(b), the bureau shall determine the true tax value for each make and model of mini-truck, subject to review and adjustment by the department of local government finance.
    (d) This SECTION expires December 31, 2010.