Citations Affected: IC 9-19; IC 9-31.
Synopsis: Motor vehicles. Removes provisions under which a newly
purchased motorboat may not be used on Indiana waters while its
registration is pending unless the operator has in the operator's
possession a validated receipt from the bureau of motor vehicles
showing that the purchaser has made application for registration of the
motorboat. Provides that a vehicle may be stopped for a possible safety
belt violation if reasonable suspicion exists. Prohibits the search or
detention of a vehicle and its contents, the driver, or a passenger solely
because of a safety belt violation. Repeals existing statute concerning
stopping a vehicle to determine compliance with the safety belt law.
(The introduced version of this bill was prepared by the natural
resources study committee.)
Effective: July 1, 2001.
January 8, 2001, read first time and referred to Committee on Natural Resources.
January 30, 2001, reported favorably _ Do Pass.
February 5, 2001, read second time, ordered engrossed. Engrossed.
February 6, 2001, read third time, passed. Yeas 48, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
SECTION 1. IC 9-31-3-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 5. A motorboat that has never been
registered in Indiana and that is purchased from a dealer licensed by
the bureau under IC 9-31-4 may be operated on the waters of Indiana
for a period of thirty-one (31) days from the date of purchase if the
operator has in the operator's possession the following:
(1) A bill of sale from the dealer giving the purchaser's name and
address, the date of purchase, and the make and type of boat or
the hull identification number.
(2) A validated receipt from the bureau showing that the
purchaser has made application for registration.
(3) (2) A temporary permit displayed on the forward portion of
the boat, as provided in section 6 of this chapter.
SECTION 2. IC 9-31-3-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 7. A motorboat that is legally
registered in this or another state at the time of purchase may be
operated for a period of thirty-one (31) days from the date of purchase
if the operator has in the operator's possession the following:
(1) The registration identification card of the previous owner with
the corresponding registration numbers displayed on the forward
part of the boat.
(2) A validated receipt from the bureau showing that the
purchaser has made application for registration.
SECTION 3. IC 9-19-10-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 3.5 (a) A vehicle may be stopped to determine
compliance with this chapter. However:
(1) a vehicle;
(2) the contents of a vehicle;
(3) the driver of a vehicle; or
(4) a passenger in a vehicle;
may not be inspected, searched, or detained solely because of a
violation of this chapter.
(b) Notwithstanding subsection (a), a law enforcement officer
may not stop a vehicle for a possible safety belt violation under this
chapter unless the law enforcement officer reasonably suspects that
the driver or a passenger in the vehicle is not wearing a safety belt
as required by this chapter. A reasonable suspicion exists under
this subsection if the law enforcement officer observes the driver
or a passenger under circumstances that would cause an ordinary
prudent person to believe that the driver or passenger is not
wearing a safety belt as required by this chapter.
SECTION 4. IC 9-19-10-3 IS REPEALED [EFFECTIVE JULY
1, 2001].