Introduced Version






SENATE BILL No. 260

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-21; IC 9-24-1-7.

Synopsis: Golf carts in unincorporated areas. Revises provisions governing the use of golf carts on certain roadways. Provides that an ordinance authorizing the use of golf carts in a county must require that: (1) an individual who operates a golf cart in the county hold a driver's license; and (2) a fine assessed for a violation of the ordinance be deposited in the general fund of the county. Specifies that the violation of an ordinance governing the use of a golf cart on a state highway in the county is considered an ordinance violation (instead of a Class C infraction).

Effective: July 1, 2010.





Stutzman




    January 11, 2010, read first time and referred to Committee on Homeland Security, Transportation & Veterans Affairs.







Introduced

Second Regular Session 116th General Assembly (2010)


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.
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SENATE BILL No. 260



    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 9-21-1-3.3; (10)IN0260.1.1. -->     SECTION 1. IC 9-21-1-3.3, AS AMENDED BY P.L.182-2009(ss), SECTION 292, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3.3. (a) A city, county, or a town may adopt by ordinance traffic regulations concerning the use of golf carts on a highway under the jurisdiction of the city, county, or the town. An ordinance adopted under this subsection may not:
        (1) conflict with or duplicate another state law; or
        (2) conflict with a driver's licensing requirement of another provision of the Indiana Code.
    (b) A fine assessed for a violation of a traffic ordinance adopted by a city, county, or a town under this section shall be deposited into the general fund of the city, county, or town.
    (c) A person who violates subsection (a) commits a Class C infraction.
     (c) Notwithstanding subsection (a), an ordinance adopted by a county under this section may allow an operator of a golf cart to cross a highway in the state highway system, at right angles, in

order to travel from one (1) highway under the jurisdiction of the county to another highway under the jurisdiction of the county when the operation can be done in safety. The operator shall bring the vehicle to a complete stop before proceeding across the state highway and shall yield the right-of-way to all traffic.
    (d) The violation of an ordinance adopted under this section by the operator of a golf cart committed on a state highway is considered to be an ordinance violation.

SOURCE: IC 9-21-9-0.5; (10)IN0260.1.2. -->     SECTION 2. IC 9-21-9-0.5, AS AMENDED BY P.L.150-2009, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 0.5. (a) This chapter does not apply to the following:
        (1) An electric personal assistive mobility device.
        (2) A low speed vehicle.
        (3) Except as provided in subsection (b), a golf cart.
    (b) An ordinance adopted in accordance with IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a) may require a golf cart to display a slow moving vehicle emblem in accordance with section 3 of this chapter or a red or amber flashing lamp in accordance with section 4 of this chapter. A fine assessed for a violation of an ordinance under this section shall be deposited in the general fund of the city, county, or town.
SOURCE: IC 9-24-1-7; (10)IN0260.1.3. -->     SECTION 3. IC 9-24-1-7, AS AMENDED BY P.L.150-2009, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) Sections 1 through 5 of this chapter do not apply to the following individuals:
        (1) An individual in the service of the armed forces of the United States while operating an official motor vehicle in that service.
        (2) An individual while operating:
            (A) a road roller;
            (B) road construction or maintenance machinery, except where the road roller or machinery is required to be registered under Indiana law;
            (C) a ditch digging apparatus;
            (D) a well drilling apparatus;
            (E) a concrete mixer; or
            (F) a farm tractor, a farm wagon (as defined in IC 9-13-2-60(a)(2)), or an implement of agriculture designed to be operated primarily in a farm field or on farm premises;
        that is being temporarily drawn, moved, or propelled on a public highway. However, to operate a farm wagon (as defined in IC 9-13-2-60(a)(2)) on a highway, an individual must be at least fifteen (15) years of age.
        (3) A nonresident who:
            (A) is at least sixteen (16) years and one (1) month of age; and
            (B) has in the nonresident's immediate possession a valid operator's license that was issued to the nonresident in the nonresident's home state or country;
        while operating a motor vehicle in Indiana only as an operator.
        (4) A nonresident who:
            (A) is at least eighteen (18) years of age; and
            (B) has in the nonresident's immediate possession a valid chauffeur's license that was issued to the nonresident in the nonresident's home state or country;
        while operating a motor vehicle upon a public highway, either as an operator or a chauffeur.
        (5) A nonresident who:
            (A) is at least eighteen (18) years of age; and
            (B) has in the nonresident's immediate possession a valid license issued by the nonresident's home state for the operation of any motor vehicle upon a public highway when in use as a public passenger carrying vehicle;
        while operating a motor vehicle upon a public highway.
        (6) A nonresident whose home state or country does not require the licensing of operators or chauffeurs and who has not been licensed as an operator or a chauffeur in the nonresident's home state or country as an operator if the nonresident is at least sixteen (16) years and thirty (30) days of age and less than eighteen (18) years of age or as a chauffeur if the nonresident is at least eighteen (18) years of age, for not more than sixty (60) days in any one (1) year if the following conditions exist:
            (A) The unlicensed nonresident is the owner of the motor vehicle or the authorized driver of the vehicle.
            (B) The vehicle has been registered for the current year in the state or country of which the owner is a resident.
            (C) The motor vehicle at all times displays a registration plate issued in the home state or country of the owner.
            (D) The nonresident owner or driver has in the owner's or driver's immediate possession a registration card evidencing ownership and registration in the owner's or driver's home state or country or is able at any required time or place to do the following:
                (i) Prove lawful possession or the right to operate the motor vehicle.
                (ii) Establish the nonresident's proper identity.
        (7) An individual who is legally licensed to operate a motor vehicle in the state of the individual's residence and who is employed in Indiana, subject to the restrictions imposed by the state of the individual's residence.
        (8) A new resident of Indiana who possesses an unexpired driver's license issued by the resident's former state of residence, for a period of sixty (60) days after becoming a resident of Indiana.
        (9) An individual who is an engineer, a conductor, a brakeman, or another member of the crew of a locomotive or a train that is being operated upon rails, including the operation of the locomotive or the train on a crossing over a street or a highway. An individual described in this subdivision is not required to display a license to a law enforcement officer in connection with the operation of a locomotive or a train in Indiana.
    (b) An ordinance adopted under IC 9-21-1-3((a)(14) or IC 9-21-1-3.3(a) must require that an individual who operates a golf cart in the city, county, or town hold a driver's license.