Introduced Version
HOUSE BILL No. 1013
_____
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 adopted by a county authorizing the use of golf carts in a
county: (1) must have the approval of the sheriff of the county; (2) must
require that an individual who operates a golf cart in the county hold
a driver's license; (3) must provide that a fine assessed for a violation
of the ordinance be deposited in the general fund of the county; and (4)
may allow the operator of a golf cart to cross a highway in the state
highway system under certain circumstances. Specifies that a violation
of a county ordinance governing the use of a golf cart crossing a state
highway in a county is considered an ordinance violation (instead of a
Class C infraction). Makes a technical correction.
Effective: July 1, 2012.
Lehman, Davis, Gutwein
January 9, 2012, read first time and referred to Committee on Roads and Transportation.
Introduced
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1013
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; (12)IN1013.1.1. -->
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, 2012]: 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:
(1) must have the approval of the sheriff of the county; and
(2) 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 safely.
(d) When an ordinance adopted by a county under subsection
(c) authorizes the operation of a golf cart on a state highway in the
state highway system under subsection (c)(2), a violation of the
ordinance that is committed on a state highway by the operator of
a golf cart is considered to be an ordinance violation.
SOURCE: IC 9-21-9-0.5; (12)IN1013.1.2. -->
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, 2012]: 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; (12)IN1013.1.3. -->
SECTION 3. IC 9-24-1-7, AS AMENDED BY P.L.87-2010,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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;
(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; and
(C) is lawfully admitted into the United States;
while operating a motor vehicle in Indiana only as an operator.
(4) A nonresident who:
(A) is at least eighteen (18) years of age;
(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; and
(C) is lawfully admitted into the United States;
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) 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.
(7) 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.
(8) 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.