HOUSE BILL No. 1101
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-13-2-111.5; IC 9-20-6.
Synopsis: Permits for transporting nondivisible loads. Prohibits the
Indiana department of transportation from denying a permit for
transporting heavy vehicles and loads or nonconforming objects solely
on the basis that the vehicle will be transporting a nondivisible load.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Roads and Transportation.
Second Regular Session 117th General Assembly (2012)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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will appear in that style type in the introductory clause of each SECTION that adds
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Conflict reconciliation: Text in a statute in this style type
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between statutes enacted by the 2011 Regular Session of the General Assembly.
HOUSE BILL No. 1101
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 9-13-2-111.5; (12)IN1101.1.1. -->
SECTION 1. IC 9-13-2-111.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 111.5. "Nondivisible load", as
used in IC 9-20-6, has the meaning set forth in IC 9-20-6-0.5.
SOURCE: IC 9-20-6-0.5; (12)IN1101.1.2. -->
SECTION 2. IC 9-20-6-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 0.5. (a) As used in this chapter, "nondivisible load"
means a load:
(1) on a vehicle; and
(A) cannot be reduced in size or weight;
(B) is impractical to divide; or
(C) cannot be adjusted so as to be within the size and
weight limitations specified in IC 9-20-3, IC 9-20-4,
IC 9-20-5-2, or IC 9-20-5-5, because to do so would:
(i) compromise the intended use of the vehicle, making
the vehicle unable to perform the function for which the
use was intended;
(ii) destroy the value of the load or vehicle, making the
vehicle unusable for the intended purpose; or
(iii) require more than eight (8) work hours to dismantle
using appropriate equipment.
(b) Notwithstanding IC 9-20-4-1(a)(1), IC 9-20-5-2(3), or
IC 9-20-5-5(a)(1), the total gross weight of a vehicle or combination
of vehicles with a nondivisible load may not exceed one hundred
twenty thousand (120,000) pounds.
(c) For purposes of this section, three (3) or fewer steel coils
when transported by a vehicle are considered a nondivisible load.
SOURCE: IC 9-20-6-2; (12)IN1101.1.3. -->
SECTION 3. IC 9-20-6-2, AS AMENDED BY P.L.182-2009(ss),
SECTION 290, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The Indiana department of
transportation or local authority that:
(1) has jurisdiction over a highway or street; and
(2) is responsible for the repair and maintenance of the highway
may, upon proper application in writing and upon good cause shown,
grant a permit for transporting heavy vehicles and loads or other
objects not conforming to this article, including a vehicle transporting
an ocean going container, if the department or authority finds that other
traffic will not be seriously affected and the highway or bridge will not
be seriously damaged. The Indiana department of transportation
may not deny a permit solely on the basis that the vehicle will be
transporting a nondivisible load.
(b) The permit granted under subsection (a) must authorize the
operation of a tractor-semitrailer and load that:
(1) exceeds the maximum length limitation under this chapter;
(2) is subject to regulation under this chapter;
from one-half (1/2) hour before sunrise to one-half (1/2) hour after
(c) A permit may be issued under this section for the following:
(1) A single trip.
(2) A definite time not exceeding thirty (30) days.
(3) A ninety (90) day period.
(4) A one (1) year period.
(d) This subsection applies to the transportation of ocean going
(1) have been sealed at the place of origin and have not been
opened except by an agent of the federal government that may
inspect the contents; and
(2) are being transported to or from a distribution facility.
The total gross weight, with load of a vehicle or combination of
vehicles transporting an ocean going container may not exceed
ninety-five thousand (95,000) pounds. A permit issued under this
section subsection must be issued on an annual basis. A permit issued
under this subsection may not impose a limit on the number of
movements generated by the applicant or operator of a vehicle granted
a permit under this subsection.
(e) If the load for which the permit is sought is alleged to be a
nondivisible load, and the number of work hours required to
dismantle the load is an issue as to whether the load is a
nondivisible load, the applicant for the permit has the burden of
proof concerning that issue for purposes of showing good cause
under subsection (a).