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IC 9-13-2-0.1
Application of certain amendments to chapter; definition of
"school bus"
Sec. 0.1. Notwithstanding the amendments made to section 161 of
this chapter by P.L.219-2003, the inclusion of "commercial motor
vehicle" within the definition of "school bus" and the specification
that a school bus may be used to transport preschool, elementary, or
secondary school children, as provided by section 161 of this
chapter, as amended by P.L.219-2003, does not apply before July 1,
2005.
As added by P.L.220-2011, SEC.209.
IC 9-13-2-1
Abandoned vehicle
Sec. 1. "Abandoned vehicle" means the following:
(1) A vehicle located on public property illegally.
(2) A vehicle left on public property without being moved for
twenty-four (24) hours.
(3) A vehicle located on public property in such a manner as to
constitute a hazard or obstruction to the movement of pedestrian
or vehicular traffic on a public right-of-way.
(4) A vehicle that has remained on private property without the
consent of the owner or person in control of that property for
more than forty-eight (48) hours.
(5) A vehicle from which the engine, transmission, or
differential has been removed or that is otherwise partially
dismantled or inoperable and left on public property.
(6) A vehicle that has been removed by a towing service or
public agency upon request of an officer enforcing a statute or
an ordinance other than this chapter if the impounded vehicle is
not claimed or redeemed by the owner or the owner's agent
within twenty (20) days after the vehicle's removal.
(7) A vehicle that is at least three (3) model years old, is
mechanically inoperable, and is left on private property
continuously in a location visible from public property for more
than twenty (20) days. For purposes of this subdivision, a
vehicle covered by a tarpaulin or other plastic, vinyl, rubber,
cloth, or textile covering is considered to be visible.
As added by P.L.2-1991, SEC.1. Amended by P.L.92-1997, SEC.1;
P.L.54-2009, SEC.2.
IC 9-13-2-1.1
Act
Sec. 1.1. "Act", for purposes of IC 9-24-6.5, has the meaning set
forth in IC 9-24-6.5-1.
As added by P.L.48-2004, SEC.1.
IC 9-13-2-1.3
Adjusted or net capitalized cost
Sec. 1.3. "Adjusted or net capitalized cost", for purposes of
IC 9-23-2.5, has the meaning set forth in IC 9-23-2.5-1.
As added by P.L.86-1996, SEC.1.
IC 9-13-2-1.4
Adapted vehicle
Sec. 1.4. "Adapted vehicle" means a new or used vehicle
especially designed or modified for use by an individual who is
disabled or aged.
As added by P.L.147-2009, SEC.1.
IC 9-13-2-1.5
Administration
Sec. 1.5. "Administration", for purposes of IC 9-24-6.5, has the
meaning set forth in IC 9-24-6.5-2.
As added by P.L.48-2004, SEC.2.
IC 9-13-2-1.7
Aggressive driving
Sec. 1.7. "Aggressive driving", for purposes of IC 9-21-8-55, has
the meaning set forth in IC 9-21-8-55(b).
As added by P.L.75-2006, SEC.1.
IC 9-13-2-2
Air conditioning equipment
Sec. 2. "Air conditioning equipment" means mechanical vapor
compression refrigeration equipment that is used to cool the driver's
or passenger's compartment of a motor vehicle.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-2.2
Alcohol
Sec. 2.2. "Alcohol", for purposes of IC 9-24-6, has the meaning
set forth in IC 9-24-6-0.3.
As added by P.L.9-2010, SEC.4.
IC 9-13-2-2.3
Alcoholic beverage
Sec. 2.3. "Alcoholic beverage", for purposes of IC 9-30-15, has
the meaning set forth in IC 7.1-1-3-5.
As added by P.L.53-1994, SEC.3.
IC 9-13-2-2.5
Alley
Sec. 2.5. "Alley" means a public way in an urban district that
meets the following qualifications:
(1) Is open to the public for vehicular traffic.
(2) Is publicly maintained.
(3) Is one (1) lane wide.
(4) Is designated as an alley by the local authorities on an
official map of the urban district.
As added by P.L.92-1991, SEC.1.
IC 9-13-2-3
Antique motor vehicle
Sec. 3. (a) Except as provided in subsection (b), "antique motor
vehicle" means a motor vehicle or motor scooter that is at least
twenty-five (25) years old.
(b) "Antique motor vehicle", for purposes of IC 9-19-11-1(6),
means a passenger motor vehicle or truck that was manufactured
without a safety belt as a part of the standard equipment installed by
the manufacturer at each designated seating position, before the
requirement of the installation of safety belts in the motor vehicle
according to the standards stated in the Federal Motor Vehicle Safety
Standard Number 208 (49 CFR 571.208).
As added by P.L.2-1991, SEC.1. Amended by P.L.146-2009, SEC.1.
IC 9-13-2-4
Approved driver education course
Sec. 4. "Approved driver education course" means a course
offered by a high school or driver education school that the
superintendent of public instruction periodically designates as
approved, after taking into consideration the standards and methods
of instruction necessary to ensure adequate training for the operation
of a motor vehicle.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-5
Approved motorcycle driver education and training course
Sec. 5. (a) This subsection expires December 31, 2011.
"Approved motorcycle driver education and training course" means:
(1) a course offered by a public or private secondary school, a
new motorcycle dealer, or other driver education school
offering motorcycle driver training as developed and approved
by the state superintendent of public instruction and the bureau;
or
(2) a course that is offered by a commercial driving school or
new motorcycle dealer and that is approved by the bureau.
(b) This subsection applies after December 31, 2011. "Approved
motorcycle driver education and training course" means:
(1) a course offered by a public or private secondary school, a
new motorcycle dealer, or another driver education school
offering motorcycle driver training as developed and approved
by the bureau; or
(2) a course that is:
(A) offered by a commercial driving school or new
motorcycle dealer; and
(B) approved by the bureau.
As added by P.L.2-1991, SEC.1. Amended by P.L.48-2004, SEC.3;
P.L.145-2011, SEC.3.
IC 9-13-2-5.5
Assembled vehicle
Sec. 5.5. "Assembled vehicle", for purposes of IC 9-17-4, has the
meaning set forth in IC 9-17-4-0.3.
As added by P.L.268-2003, SEC.1.
IC 9-13-2-6
Authorized emergency vehicle
Sec. 6. "Authorized emergency vehicle" means the following:
(1) The following vehicles:
(A) Fire department vehicles.
(B) Police department vehicles.
(C) Ambulances.
(D) Emergency vehicles operated by or for hospitals or
health and hospital corporations under IC 16-22-8.
(2) Vehicles designated as emergency vehicles by the Indiana
department of transportation under IC 9-21-20-1.
(3) Motor vehicles that, subject to IC 9-21-20-2, are approved
by the Indiana emergency medical services commission that are:
(A) ambulances that are owned by persons, firms, limited
liability companies, or corporations other than hospitals; or
(B) not ambulances and that provide emergency medical
services, including extrication and rescue services (as
defined in IC 16-18-2-110).
(4) Vehicles of the department of correction that, subject to
IC 9-21-20-3, are:
(A) designated by the department of correction as emergency
vehicles; and
(B) responding to an emergency.
As added by P.L.2-1991, SEC.1. Amended by P.L.1-1992, SEC.35;
P.L.2-1993, SEC.64; P.L.8-1993, SEC.165.
IC 9-13-2-6.3
Automated traffic law enforcement system
Sec. 6.3. "Automated traffic law enforcement system", for
purposes of IC 9-21, has the meaning set forth in IC 9-21-3.5-2.
As added by P.L.47-2006, SEC.44.
IC 9-13-2-6.5
Automated vehicle identifier
Sec. 6.5. "Automated vehicle identifier" means an electronic
tracking device approved by the commissioner of the department of
state revenue for use in connection with special weight permits for
extra heavy duty highways under IC 9-20-5.
As added by P.L.129-2001, SEC.29.
IC 9-13-2-7
Automobile auctioneer
Sec. 7. "Automobile auctioneer" means a person who is engaged
in the business of, or as a part of the auctioneer's business
participates in, providing a place of business or facilities for the
purchase and sale of motor vehicles on the basis of bids by persons
acting for themselves or others. The term does not include a person
acting only as an auctioneer under IC 25-6.1-1.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-8
Automobile scrapyard
Sec. 8. "Automobile scrapyard" means a business organized for
the purpose of scrap metal processing, automobile wrecking, or
operating a junkyard.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-8.5
Automotive mobility dealer
Sec. 8.5. "Automotive mobility dealer" means a person that:
(1) engages exclusively in the business of selling, offering to
sell, or soliciting or advertising the sale of adapted vehicles;
(2) possesses adapted vehicles exclusively for the purpose of
resale, either on the automotive mobility dealer's own account
or on behalf of another as the primary or incidental business of
the automotive mobility dealer; or
(3) engages in the business of:
(A) selling, installing, or servicing;
(B) offering to sell, install, or service; or
(C) soliciting or advertising the sale, installation, or
servicing of;
equipment or modifications specifically designed to facilitate
use or operation of a vehicle by an individual who is disabled
or aged.
As added by P.L.147-2009, SEC.2.
IC 9-13-2-9
Automotive salvage rebuilder
Sec. 9. "Automotive salvage rebuilder" means a person, firm,
limited liability company, corporation, or other legal entity engaged
in the business:
(1) of acquiring salvage motor vehicles for the purpose of
restoring, reconstructing, or rebuilding the vehicles; and
(2) in the resale of these vehicles for use on the highway.
As added by P.L.2-1991, SEC.1. Amended by P.L.8-1993, SEC.166.
IC 9-13-2-10
Automotive salvage recycler
Sec. 10. "Automotive salvage recycler" means a business that:
(1) acquires damaged, inoperative, discarded, abandoned, or
salvage motor vehicles, or their remains, as stock-in-trade;
(2) dismantles and processes such vehicles or remains for the
reclamation and sale of reusable components and parts; and
(3) disposes of recyclable materials to a scrap metal processor
or other appropriate facility.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-10.2
Auxiliary power unit
Sec. 10.2. "Auxiliary power unit", for purposes of IC 9-20-4-1(b),
means an integrated system that:
(1) provides heat, air conditioning, engine warming, or
electricity to components on a heavy duty vehicle; and
(2) is certified by the administrator of the United States
Environmental Protection Agency under 40 CFR 89 as meeting
applicable emission standards.
As added by P.L.65-2010, SEC.1.
IC 9-13-2-11
Axle
Sec. 11. "Axle" means the common axis of rotation of at least one
(1) wheel or roller that is:
(1) power driven or freely rotating; and
(2) in at least one (1) segment.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-12
Axle weight
Sec. 12. "Axle weight" means the total weight concentrated on
one (1) or more axles spaced less than forty (40) inches from center
to center.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-13
B-train assembly
Sec. 13. "B-train assembly" means a rigid frame extension
attached to the rear frame of a first semitrailer that allows for a fifth
wheel connection point for a second semitrailer.
IC 9-13-2-14
Bicycle
Sec. 14. "Bicycle" means any foot-propelled vehicle, irrespective
of the number of wheels in contact with the ground.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-15
Broker
Sec. 15. "Broker", for purposes of IC 9-23-3, has the meaning set
forth in IC 9-23-3-0.3.
As added by P.L.2-1991, SEC.1. Amended by P.L.268-2003, SEC.2.
IC 9-13-2-16
Bureau
Sec. 16. "Bureau" refers to the bureau of motor vehicles.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-17
Bus
Sec. 17. (a) "Bus" means, except as provided in subsection (b), the
following:
(1) A motor vehicle or a passenger carrying semitrailer used for
the purpose of carrying passengers on a regular schedule of time
and rates between fixed termini.
(2) A motor vehicle or a passenger carrying semitrailer designed
for carrying more than ten (10) passengers exclusive of the
driver.
The term does not include school buses, or motor vehicles that are
funeral equipment and that are used in the operation of funeral
services (as defined in IC 25-15-2-17).
(b) "Bus", for purposes of IC 9-21, means the following:
(1) A motor vehicle designed for carrying passengers for hire
and used for the transportation of persons.
(2) A motor vehicle other than a taxicab designed or used for
the transportation of persons for compensation.
As added by P.L.2-1991, SEC.1. Amended by P.L.24-2006, SEC.1.
IC 9-13-2-18
Business district
Sec. 18. "Business district" means the territory contiguous to and
including a highway when at least fifty percent (50%) of the frontage
of the territory for a distance of at least five hundred (500) feet is
occupied by buildings in use for business.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-18.5
Repealed
(Repealed by P.L.118-1993, SEC.8.)
IC 9-13-2-18.6
Capitalized cost
Sec. 18.6. "Capitalized cost", for purposes of IC 9-23-2.5, has the
meaning set forth in IC 9-23-2.5-2.
As added by P.L.86-1996, SEC.2.
IC 9-13-2-18.7
Capitalized cost reduction
Sec. 18.7. "Capitalized cost reduction", for purposes of
IC 9-23-2.5, has the meaning set forth in IC 9-23-2.5-3.
As added by P.L.86-1996, SEC.3.
IC 9-13-2-19
Certificate of compliance
Sec. 19. "Certificate of compliance" means a written statement
issued by the bureau to a registered owner or operator of a motor
vehicle involved in an accident showing compliance with IC 9-25 or
with the requirements of the bureau.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-19.2
Certified chief instructor
Sec. 19.2. "Certified chief instructor", for purposes of IC 9-27-7,
has the meaning set forth in IC 9-27-7-2.
As added by P.L.145-2011, SEC.4.
IC 9-13-2-19.5
Charge back
Sec. 19.5. "Charge back", for purposes of IC 9-23-3, has the
meaning set forth in IC 9-23-3-0.2.
As added by P.L.68-2011, SEC.1; P.L.226-2011, SEC.2.
IC 9-13-2-20
Repealed
(Repealed by P.L.45-2006, SEC.4.)
IC 9-13-2-21
Chauffeur
Sec. 21. (a) "Chauffeur", except as provided in subsection (b),
means a person:
(1) employed by another person for the principal purpose of
operating a motor vehicle registered as having a gross weight of
sixteen thousand (16,000) pounds or more for the purpose of
transporting property;
(2) operating a motor vehicle registered as having a gross
weight of sixteen thousand (16,000) pounds or more for the
purpose of transporting property for hire; or
(3) operating a private bus.
(b) "Chauffeur", for purposes of IC 9-25, means a person:
IC 9-13-2-22
Chemical test
Sec. 22. "Chemical test" means an analysis of a person's blood,
breath, urine, or other bodily substance for the determination of the
presence of alcohol, a controlled substance or its metabolite, or a
drug or its metabolite.
As added by P.L.2-1991, SEC.1. Amended by P.L.94-2006, SEC.1.
IC 9-13-2-23
Child restraint system
Sec. 23. "Child restraint system" means a device that:
(1) is manufactured for the purpose of protecting children from
injury during a motor vehicle accident; and
(2) meets the standards prescribed and definition contained in
49 CFR 571.213.
As added by P.L.2-1991, SEC.1. Amended by P.L.67-2004, SEC.1.
IC 9-13-2-24
Church bus
Sec. 24. "Church bus" has the meaning set forth in IC 9-29-5-9(a).
As added by P.L.2-1991, SEC.1. Amended by P.L.70-2009, SEC.1.
IC 9-13-2-25
Civic event
Sec. 25. "Civic event" means an event that is staged by a private
organization for the purpose of creating a tourist attraction in an
Indiana community.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-26
Class A recovery vehicle
Sec. 26. "Class A recovery vehicle" means a truck that:
(1) is specifically designed for towing a disabled vehicle or a
combination of vehicles; and
(2) has a gross vehicle weight rating that is greater than sixteen
thousand (16,000) pounds.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-27
Class B recovery vehicle
Sec. 27. "Class B recovery vehicle" means a truck that:
(1) is specifically designed for towing a disabled vehicle or a
combination of vehicles; and
(2) has a gross vehicle weight rating equal to or less than
sixteen thousand (16,000) pounds.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-27.5
Repealed
(Repealed by P.L.1-2010, SEC.156.)
IC 9-13-2-28
Commercial driver training school
Sec. 28. (a) "Commercial driver training school", for purposes of
IC 9-24-10-4, has the meaning set forth in IC 5-2-6.5-5.
(b) This section expires December 31, 2011.
As added by P.L.2-1991, SEC.1. Amended by P.L.93-1997, SEC.1;
P.L.107-2008, SEC.5; P.L.1-2010, SEC.45; P.L.145-2011, SEC.5.
IC 9-13-2-28.5
Commercial driver training school
Sec. 28.5. "Commercial driver training school", for purposes of
IC 9-27-6, has the meaning set forth in IC 9-27-6-3.
As added by P.L.145-2011, SEC.6.
IC 9-13-2-29
Commercial driver's license
Sec. 29. "Commercial driver's license" has the meaning set forth
in 49 CFR 383.5 as in effect July 1, 2010.
As added by P.L.2-1991, SEC.1. Amended by P.L.9-2010, SEC.5.
IC 9-13-2-29.5
Commercial driver's license learner's permit
Sec. 29.5. "Commercial driver's license learner's permit", for
purposes of IC 9-24-6, has the meaning set forth in IC 9-24-6-0.5.
As added by P.L.188-2006, SEC.1.
IC 9-13-2-30
Commercial enterprise
Sec. 30. "Commercial enterprise" does not include the
transportation of a farm commodity from the place of production to
the first point of delivery where the commodity is weighed and title
to the commodity is transferred.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-31
Commercial motor vehicle
Sec. 31. (a) "Commercial motor vehicle" means, except as
provided in subsection (b), a motor vehicle or combination of motor
vehicles used in commerce to transport passengers or property if the
motor vehicle:
(1) has a gross combination weight rating of at least twenty-six
thousand one (26,001) pounds, including a towed unit with a
gross vehicle weight rating of more than ten thousand (10,000)
pounds;
(2) has a gross vehicle weight rating of at least twenty-six
thousand one (26,001) pounds;
(3) is designed to transport at least sixteen (16) passengers,
including the driver; or
(4) is:
(A) of any size;
(B) used in the transportation of materials found to be
hazardous for the purposes of the Hazardous Materials
Transportation Act; and
(C) required to be placarded under the Hazardous Materials
Regulations (49 CFR Part 172, Subpart F).
(b) The bureau of motor vehicles may, by rule, broaden the
definition of commercial motor vehicle under subsection (a) to
include vehicles with a gross declared weight greater than eleven
thousand (11,000) pounds but less than twenty-six thousand one
(26,001) pounds.
As added by P.L.2-1991, SEC.1. Amended by P.L.66-1992, SEC.1.
IC 9-13-2-31.5
Commercial vehicle
Sec. 31.5. "Commercial vehicle", for purposes of IC 9-18-2-4.5,
means a motor vehicle or combination of motor vehicles used in
commerce to transport property if the motor vehicle:
(1) has a gross combination weight rating of at least twenty-six
thousand one (26,001) pounds, including a towed unit with a
gross vehicle weight rating of more than ten thousand (10,000)
pounds;
(2) has a gross vehicle weight rating of at least twenty-six
thousand one (26,001) pounds; or
(3) meets both of the following requirements:
(A) The motor vehicle has a gross vehicle weight rating of
at least seven thousand (7,000) pounds, but less than
twenty-six thousand one (26,001) pounds.
(B) The motor vehicle is owned by a registered carrier
holding a valid Indiana fuel tax permit under IC 6-6-4.1.
As added by P.L.150-2001, SEC.2.
IC 9-13-2-32
Commission
Sec. 32. "Commission" refers to the bureau of motor vehicles
commission.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-33
Commissioner
Sec. 33. "Commissioner" refers to the commissioner of the bureau
of motor vehicles.
IC 9-13-2-34
Component part
Sec. 34. "Component part" means an engine, a transmission, a
body-chassis, a doghouse (front assembly), a rear-end, or a frame.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-34.3
Compression release engine brake
Sec. 34.3. "Compression release engine brake", for purposes of
IC 9-21-8-44.5, has the meaning set forth in IC 9-21-8-44.5(a).
As added by P.L.1-2002, SEC.38.
IC 9-13-2-34.5
Container
Sec. 34.5. "Container", for purposes of IC 9-30-15, has the
meaning set forth in IC 7.1-1-3-13.
As added by P.L.53-1994, SEC.4.
IC 9-13-2-35
Controlled substance
Sec. 35. (a) Except as provided in subsection (b), "controlled
substance" has the meaning set forth in IC 35-48-1.
(b) For purposes of IC 9-24-6, "controlled substance" has the
meaning set forth in 49 CFR 383.5 as in effect July 1, 2010.
As added by P.L.2-1991, SEC.1. Amended by P.L.9-2010, SEC.6.
IC 9-13-2-36
Conventional school bus
Sec. 36. "Conventional school bus" means a motor vehicle
designed with the engine compartment projecting forward from the
passenger compartment.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-37
Converter manufacturer
Sec. 37. "Converter manufacturer" means a person who adds to,
subtracts from, or modifies a previously assembled or manufactured
van motor vehicle. The term does not include a person who
manufactures recreational vehicles.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-38
Conviction
Sec. 38. (a) Except as provided in subsection (b), "conviction"
includes the following:
(1) A conviction or judgment upon a plea of guilty or nolo
contendere.
(2) A determination of guilt by a jury or a court, even if:
IC 9-13-2-39
Court
Sec. 39. "Court", for purposes of IC 9-30-3, has the meaning set
forth in IC 9-30-3-2.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-39.5
Covered offense
Sec. 39.5. "Covered offense", for purposes of IC 9-30-14, has the
meaning set forth in IC 9-30-14-1.
As added by P.L.94-1991, SEC.1.
IC 9-13-2-40
Crosswalk
Sec. 40. "Crosswalk" means any of the following:
(1) That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite
sides of the highway measured from the curbs, or in the absence
of curbs, from the edges of the traversable roadway.
(2) A part of a roadway distinctly indicated for pedestrian
crossing by lines or other markings on the surface.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-41
Current driving license
Sec. 41. "Current driving license" means every class and kind of
license or permit that evidences the privilege to operate a motor
vehicle upon the highways of Indiana. The term includes a privilege
granted by the license.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-42
Dealer
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. A dealer must have an
established place of business that meets the minimum standards
prescribed by the secretary of state 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.
(4) An automotive mobility 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.
As added by P.L.2-1991, SEC.1. Amended by P.L.71-1991, SEC.4;
P.L.66-1992, SEC.2; P.L.74-2001, SEC.1; P.L.219-2005, SEC.1;
P.L.41-2006, SEC.1; P.L.107-2008, SEC.6; P.L.131-2008, SEC.34;
P.L.147-2009, SEC.3; P.L.93-2010, SEC.1.
IC 9-13-2-43
Designated family member
Sec. 43. (a) "Designated family member" means a franchisee's
spouse, child, grandchild, parent, or sibling who has been nominated
as the franchisee's successor under a written document filed by the
franchisee with the franchisor.
(b) If no such document has been filed, the term means a
franchisee's spouse, child, grandchild, parent, or sibling who:
(1) if the franchisee is deceased, is entitled to inherit the
franchisee's ownership interest in the franchisee's business
under the franchisee's will or under the laws of intestate
succession; or
(2) if the franchisee is incapacitated, is appointed by the court
as the legal representative of the franchisee's property.
(c) If a franchisee is deceased, the term includes the appointed and
qualified personal representative and testamentary trustee of the
deceased franchisee.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-43.5
Disclose
Sec. 43.5. "Disclose", for purposes of IC 9-14-3.5, has the
meaning set forth in IC 9-14-3.5-2.
As added by P.L.2-1997, SEC.24.
IC 9-13-2-45
Distributor
Sec. 45. "Distributor" means a person, other than a manufacturer
or wholesale dealer, who is engaged in the business of selling motor
vehicles to dealers located in Indiana. The term includes a
distributor's branch office or the distributor's representative. The term
does not include a recreational vehicle manufacturer.
As added by P.L.2-1991, SEC.1. Amended by P.L.78-2002, SEC.1.
IC 9-13-2-46
Driveaway or towaway
Sec. 46. "Driveaway or towaway", for purposes of IC 9-20-9-1,
has the meaning set forth in IC 9-20-9-1(a).
As added by P.L.2-1991, SEC.1.
IC 9-13-2-47
Driver
Sec. 47. "Driver" means a person who drives or is in actual
physical control of a vehicle.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-48
Driver's license
Sec. 48. "Driver's license" means any type of license issued by the
state authorizing an individual to operate a motor vehicle on public
streets, roads, or highways.
As added by P.L.2-1991, SEC.1. Amended by P.L.184-2007, SEC.6.
IC 9-13-2-49
Driveway or private road
Sec. 49. "Driveway" or "private road" means a way or place in
private ownership that is used for vehicular travel by the owner and
those having express or implied permission from the owner but not
by other persons.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-49.3
Electric personal assistive mobility device
Sec. 49.3. "Electric personal assistive mobility device" means a
self-balancing, two (2) nontandem wheeled device that is designed
to transport only one (1) person and that has the following:
(1) An electric propulsion system with average power of seven
hundred fifty (750) watts or one (1) horsepower.
(2) A maximum speed of less than twenty (20) miles per hour
when operated on a paved level surface, when powered solely
by the propulsion system referred to in subdivision (1), and
when operated by an operator weighing one hundred seventy
(170) pounds.
As added by P.L.143-2002, SEC.1.
IC 9-13-2-49.5
Electronic traffic ticket
Sec. 49.5. "Electronic traffic ticket", for purposes of IC 9-30-3,
has the meaning set forth in IC 9-30-3-2.5.
As added by P.L.184-2007, SEC.7; P.L.206-2007, SEC.1.
IC 9-13-2-49.7
Entrapment
Sec. 49.7. "Entrapment" means a confining circumstance from
which escape or relief is difficult or impossible.
As added by P.L.126-2008, SEC.1.
IC 9-13-2-50
Established place of business
Sec. 50. "Established place of business" means a permanent
enclosed building or structure owned or leased for the purpose of
bartering, trading, and selling motor vehicles. The term does not
include a residence, tent, temporary stand, or permanent quarters
temporarily occupied.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-51
Existing franchise
Sec. 51. "Existing franchise" means the franchise in effect on the
date of a franchisee's death or incapacity.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-52
Explosives
Sec. 52. "Explosives" means a chemical compound or mechanical
mixture that:
(1) is commonly used or intended for the purpose of producing
an explosion; or
(2) contains any oxidizing and combustive units or other
ingredients in such proportions, quantities, or packing that an
ignition by fire, friction, concussion, percussion, or detonator
of any part of the compound or mixture may cause such a
sudden generation of highly heated gases that the resultant
gaseous pressures are capable of producing destructible effects
on contiguous objects or of destroying life or limb.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-52.5
Extra wide manufactured home rig
Sec. 52.5. "Extra wide manufactured home rig", for purposes of
IC 9-20-15-6, has the meaning set forth in IC 9-20-15-6(a).
As added by P.L.95-1991, SEC.1.
IC 9-13-2-53
Fair market value
Sec. 53. "Fair market value", for purposes of IC 9-22-3, has the
meaning set forth in IC 9-22-3-2.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-54
Farm commodities
Sec. 54. "Farm commodities", for purposes of IC 9-20-4-2, has the
meaning set forth in IC 9-20-4-2(c) and IC 9-20-4-2(d).
As added by P.L.2-1991, SEC.1.
IC 9-13-2-55
Repealed
(Repealed by P.L.210-2005, SEC.76.)
IC 9-13-2-56
Farm tractor
Sec. 56. "Farm tractor" means a motor vehicle designed and used
primarily as a farm implement for drawing implements of agriculture
used on a farm and, when using the highways, in traveling from one
(1) field or farm to another or to or from places of repairs. The term
includes a wagon, trailer, or other vehicle pulled by a farm tractor.
As added by P.L.2-1991, SEC.1. Amended by P.L.210-2005, SEC.5.
IC 9-13-2-57
Repealed
(Repealed by P.L.210-2005, SEC.76.)
IC 9-13-2-58
Farm truck, farm trailer, or farm semitrailer and tractor
Sec. 58. "Farm truck", "farm trailer", or "farm semitrailer and
tractor" shall be identified in accordance with a rule adopted by the
bureau.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-59
Farm vehicle loaded with a farm product
Sec. 59. "Farm vehicle loaded with a farm product" includes a
truck hauling unprocessed leaf tobacco.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-60
Farm wagon
Sec. 60. (a) "Farm wagon" means any of the following:
(1) A wagon, other than an implement of agriculture, that is
used primarily for transporting farm products and farm supplies
in connection with a farming operation.
(2) A three (3), four (4), or six (6) wheeled motor vehicle with
a folding hitch on the front of the motor vehicle, manufactured
with seating for not more than four (4) individuals, that is used
primarily:
(A) to transport an individual from one (1) farm field to
another, whether or not the motor vehicle is operated on a
highway in order to reach the other farm field;
(B) for the transportation of an individual upon farm
premises; or
(C) for both purposes set forth in clauses (A) and (B).
(3) A three (3), four (4), or six (6) wheeled construction related
motor vehicle, capable of cross-country travel:
(A) without the benefit of a road; and
(B) on or immediately over land, water, snow, ice, marsh,
swampland, or other natural terrain;
that is used primarily for construction related purposes,
including hauling building materials.
(b) The term includes a motor vehicle described in subsection
(a)(2) that is used for the incidental transportation of farm supplies
or farm implements at the same time it is used for the transportation
of an individual.
As added by P.L.2-1991, SEC.1. Amended by P.L.210-2005, SEC.6;
P.L.150-2009, SEC.1; P.L.86-2010, SEC.1.
IC 9-13-2-61
Fatal accident
Sec. 61. "Fatal accident", for purposes of IC 9-30-7, has the
meaning set forth in IC 9-30-7-1.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-62
Federal act
Sec. 62. "Federal act", for purposes of IC 9-27-1, has the meaning
set forth in IC 9-27-1-1.
IC 9-13-2-62.5
Fire lane
Sec. 62.5. (a) "Fire lane", for purposes of IC 9-21-16-5.5, means
an area that is:
(1) located within twelve (12) feet of:
(A) a building that:
(i) is occupied for commercial, professional, religious, or
any other purpose; and
(ii) is not a building that is intended for use as a dwelling
for one (1) or two (2) families; or
(B) a sidewalk immediately adjacent to or attached to a
building; and
(2) designated as a fire lane under IC 9-21-16-5.5(c).
(b) The term includes an alley.
As added by P.L.8-2003, SEC.1.
IC 9-13-2-63
Fiscal body
Sec. 63. "Fiscal body" means the following:
(1) County council, for a county not having a consolidated city.
(2) City-county council, for a consolidated city or county
having a consolidated city.
(3) Common council, for a city other than a consolidated city.
(4) Town council, for a town.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-64
Flagman
Sec. 64. "Flagman" means an authorized person directing traffic
in accordance with the provisions of this title at a worksite.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-65
Flammable liquid
Sec. 65. "Flammable liquid" means a liquid that has a flash point
of seventy (70) degrees Fahrenheit, or less, as determined by a
tabliabue or equivalent closed cup test device.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-66
Fleet
Sec. 66. "Fleet" means three (3) or more intercity buses.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-67
Franchise
Sec. 67. "Franchise" means an oral or a written agreement for a
definite or an indefinite period in which a manufacturer or distributor
grants to a dealer a right to use a trade name, trade or service mark,
or related characteristic, and in which there is a community of
interest in the marketing of motor vehicles or related services at retail
or otherwise.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-68
Franchisee
Sec. 68. "Franchisee" means a dealer to whom a franchise is
granted.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-69
Franchisor
Sec. 69. "Franchisor" means a manufacturer or distributor who
grants a franchise to a dealer.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-69.3
Funeral escort
Sec. 69.3. "Funeral escort" has the meaning set forth in
IC 9-21-13-0.3.
As added by P.L.236-2003, SEC.1.
IC 9-13-2-69.5
Funeral procession
Sec. 69.5. "Funeral procession" means two (2) or more vehicles,
including a lead vehicle or a funeral escort vehicle, accompanying
human remains.
As added by P.L.236-2003, SEC.2. Amended by P.L.24-2006, SEC.2.
IC 9-13-2-69.7
Golf cart
Sec. 69.7. "Golf cart" means a four (4) wheeled motor vehicle
originally and specifically designed and intended to transport one (1)
or more individuals and golf clubs for the purpose of playing the
game of golf on a golf course.
As added by P.L.150-2009, SEC.2.
IC 9-13-2-69.8
Gold Star family member
Sec. 69.8. "Gold Star family member" for purposes of IC 9-18-54,
has the meaning set forth in IC 9-18-54-1.
As added by P.L.87-2010, SEC.5.
IC 9-13-2-70
Good cause
Sec. 70. "Good cause", for purposes of IC 9-24-12-6, has the
meaning set forth in that section.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-72
Habitual violator
Sec. 72. "Habitual violator", for purposes of IC 9-30-10, has the
meaning set forth in IC 9-30-10-4.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-72.5
Heavy duty vehicle
Sec. 72.5. "Heavy duty vehicle", for purposes of IC 9-20-4-1(b),
means a vehicle that:
(1) has a gross vehicle weight rating greater than eight thousand
five hundred (8,500) pounds; and
(2) is powered by a diesel engine.
As added by P.L.65-2010, SEC.2.
IC 9-13-2-73
Highway or street
Sec. 73. "Highway" or "street" means the entire width between the
boundary lines of every publicly maintained way when any part of
the way is open to the use of the public for purposes of vehicular
travel. The term includes an alley in a city or town.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-74
Hulk crusher
Sec. 74. "Hulk crusher" means an enterprise that engages in the
business of handling and flattening, compacting, or otherwise
demolishing motor vehicles, motorcycles, semitrailers, or
recreational vehicles, or their remains, for economical delivery to a
scrap metal processor or other appropriate facility.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-74.5
Identification card
Sec. 74.5. "Identification card" means an identification document
issued by a state government for purposes of identification.
As added by P.L.184-2007, SEC.8.
IC 9-13-2-75
Identification number
Sec. 75. (a) "Identification number", for purposes of IC 9-18-8-15,
has the meaning set forth in IC 9-18-8-15(b).
(b) "Identification number", for purposes of IC 9-17-4, has the
meaning set forth in IC 9-17-4-0.5.
IC 9-13-2-76
Ignition interlock device
Sec. 76. "Ignition interlock device" means a blood alcohol
concentration equivalence measuring device that prevents a motor
vehicle from being started without first determining the operator's
equivalent breath alcohol concentration through the taking of a deep
lung breath sample.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-77
Implement of agriculture
Sec. 77. (a) "Implement of agriculture" means agricultural
implements, pull type and self-propelled, used for the:
(1) transport;
(2) delivery; or
(3) application;
of crop inputs, including seed, fertilizers, and crop protection
products, and vehicles designed to transport these types of
agricultural implements.
(b) The bureau shall determine by rule under IC 4-22-2 whether
a category of implement of agriculture was designed to be operated
primarily:
(1) in a farm field or on farm premises; or
(2) on a highway.
As added by P.L.2-1991, SEC.1. Amended by P.L.81-1991, SEC.3;
P.L.210-2005, SEC.7.
IC 9-13-2-77.5
Indiana firefighter
Sec. 77.5. "Indiana firefighter", for purposes of IC 9-18-34, has
the meaning set forth in IC 9-18-34-1.
As added by P.L.118-1998, SEC.2.
IC 9-13-2-78
Indiana resident
Sec. 78. "Indiana resident" refers to a person who is one (1) of the
following:
(1) A person who has been living in Indiana for at least one
hundred eighty-three (183) days during a calendar year and who
has a legal residence in another state. However, the term does
not include a person who has been living in Indiana for any of
the following purposes:
(A) Attending a postsecondary educational institution.
(B) Serving on active duty in the armed forces of the United
States.
(2) A person who is living in Indiana if the person has no other
legal residence.
(3) A person who is registered to vote in Indiana.
IC 9-13-2-79
Individual owner
Sec. 79. "Individual owner", for purposes of IC 9-20-15-4 and
IC 9-20-18-13(b), has the meaning set forth in IC 9-20-15-4(a).
As added by P.L.2-1991, SEC.1. Amended by P.L.95-1991, SEC.2.
IC 9-13-2-79.5
Individual record
Sec. 79.5. "Individual record", for purposes of IC 9-14-3.5, has the
meaning set forth in IC 9-14-3.5-3.
As added by P.L.2-1997, SEC.25.
IC 9-13-2-79.7
Inflatable restraint system
Sec. 79.7. "Inflatable restraint system", for purposes of
IC 9-19-10.5, has the meaning set forth in IC 9-19-10.5-1.
As added by P.L.248-2003, SEC.1 and P.L.265-2003, SEC.1.
IC 9-13-2-80
Repealed
(Repealed by P.L.1-2010, SEC.156.)
IC 9-13-2-80.5
Instructor
Sec. 80.5. "Instructor", for purposes of IC 9-27-6, has the meaning
set forth in IC 9-27-6-4.
As added by P.L.145-2011, SEC.7.
IC 9-13-2-82
Insured
Sec. 82. "Insured", for purposes of IC 9-25, has the meaning set
forth in IC 9-25-2-2.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-83
Intercity bus
Sec. 83. "Intercity bus" means a bus that is used in the
transportation of passengers for hire over a fixed route under a
certificate issued by the Interstate Commerce Commission in
interstate or combined interstate-intrastate commerce or movements
in Indiana.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-84
Intersection
Sec. 84. (a) "Intersection" means the area embraced within:
(1) the prolongation or connection of the lateral curb lines, or
if none, then the lateral boundary lines of the roadways of two
(2) highways that join at, or approximately at, right angles; or
(2) the area within which vehicles traveling upon different
highways joining at any other angle may come in conflict.
(b) Where a highway includes two (2) roadways at least thirty
(30) feet apart, every crossing of each roadway of the divided
highway by an intersecting highway is regarded as a separate
intersection. If the intersecting highway also includes two (2)
roadways at least thirty (30) feet apart, every crossing of two (2)
roadways of the intersecting highway is regarded as a separate
intersection.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-85
Interstate highway
Sec. 85. "Interstate highway" means a highway that is a part of the
national system of interstate and defense highways (23 U.S.C. as in
effect January 1, 1991).
As added by P.L.2-1991, SEC.1.
IC 9-13-2-87
Intracity bus
Sec. 87. "Intracity bus" means a bus operating wholly within the
corporate boundaries of a city or town, including contiguous cities or
towns, and cities and towns contiguous to or operating in a local
transportation system within a city and adjacent suburban territory
on a route that extends from within the city into the suburban
territory as described in IC 36-9-1-9.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-88
Judge
Sec. 88. "Judge", for purposes of IC 9-30-3, has the meaning set
forth in IC 9-30-3-3.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-89
Judgment
Sec. 89. (a) "Judgment" means, except as provided in subsections
(b), (c), and (d), any judgment, except a judgment rendered against
the state or a political subdivision or a municipality of the state that
becomes final by expiration without appeal of the time within which
appeal might have been perfected, or by final affirmation on appeal,
rendered by a court of any state of the United States.
(b) "Judgment", for purposes of IC 9-25-6-4, has the meaning set
forth in IC 9-25-6-4(b).
(c) "Judgment", for purposes of IC 9-30-10, has the meaning set
forth in IC 9-30-10-1.
(d) "Judgment", for purposes of IC 9-30-11, has the meaning set
forth in IC 9-30-11-1.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-90
Labor rate
Sec. 90. "Labor rate" means the hourly labor rate charged by a
franchisee for service, filed periodically with the bureau as the
bureau may require, and posted prominently in the franchisee's
service department.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-91
Lamp
Sec. 91. "Lamp" means a single bulb that emits light.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-92
Law enforcement officer
Sec. 92. (a) "Law enforcement officer", except as provided in
subsection (b), includes the following:
(1) A state police officer.
(2) A city, town, or county police officer.
(3) A sheriff.
(4) A county coroner.
(5) A conservation officer.
(6) An individual assigned as a motor carrier inspector under
IC 10-11-2-26(a).
(7) A member of a consolidated law enforcement department
established under IC 36-3-1-5.1.
(8) An excise police officer of the alcohol and tobacco
commission.
(b) "Law enforcement officer", for purposes of IC 9-30-5,
IC 9-30-6, IC 9-30-7, IC 9-30-8, and IC 9-30-9, has the meaning set
forth in IC 35-41-1.
As added by P.L.2-1991, SEC.1. Amended by P.L.67-1992, SEC.1;
P.L.227-2005, SEC.8; P.L.210-2005, SEC.8; P.L.1-2006, SEC.157;
P.L.94-2006, SEC.2.
IC 9-13-2-92.2
Lawful intervention technique
Sec. 92.2. "Lawful intervention technique", for purposes of
IC 9-21-1, has the meaning set forth in IC 9-21-1-0.5.
As added by P.L.145-2009, SEC.1.
IC 9-13-2-92.5
Lease agreement
Sec. 92.5. "Lease agreement", for purposes of IC 9-23-2.5, has the
meaning set forth in IC 9-23-2.5-4.
As added by P.L.86-1996, SEC.4.
IC 9-13-2-92.7
Lease transaction
Sec. 92.7. "Lease transaction", for purposes of IC 9-23-2.5, has
the meaning set forth in IC 9-23-2.5-5.
As added by P.L.86-1996, SEC.5.
IC 9-13-2-93.5
Line make
Sec. 93.5. "Line make" means the name given by a manufacturer
to a line of motor vehicles to distinguish it as produced or sold by the
manufacturer and that may be used and protected as a trademark.
As added by P.L.78-2002, SEC.2.
IC 9-13-2-94
Local authorities
Sec. 94. (a) "Local authorities" means, except as provided in
subsection (b), all officers of counties, cities, or towns, as well as all
boards and other public officials of counties, cities, or towns.
(b) "Local authorities", for purposes of IC 9-21, means every
county, municipal, and other local board or body having authority to
adopt local police regulations under the laws and the Constitution of
the State of Indiana.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-94.2
Local law enforcement agency
Sec. 94.2. "Local law enforcement agency", for purposes of
IC 9-29-11.5, has the meaning set forth in IC 9-29-11.5-2.
As added by P.L.83-2008, SEC.2.
IC 9-13-2-94.4
Low numbered motor vehicle registration plate
Sec. 94.4. "Low numbered motor vehicle registration plate", for
purposes of IC 9-29-3-19, has the meaning set forth in IC 9-29-3-19.
As added by P.L.216-2003, SEC.1.
IC 9-13-2-94.5
Low speed vehicle
Sec. 94.5. "Low speed vehicle" means a four (4) wheeled
electrically powered motor vehicle:
(1) with a maximum design speed of not more than thirty-five
(35) miles per hour;
(2) with operational and equipment specifications described in
49 CFR 571.500;
(3) that is equipped with:
(A) headlamps;
(B) front and rear turn signal lamps, tail lamps, and stop
lamps;
(C) reflex reflectors;
(D) exterior or interior mirrors;
(E) brakes as specified in IC 9-19-3-1;
IC 9-13-2-95
Major component parts
Sec. 95. "Major component parts" means those parts of motor
vehicles, motorcycles, semitrailers, or recreational vehicles normally
having a manufacturer's vehicle identification number, a derivative
of the identification number, or a number supplied by an authorized
governmental agency, including doors, fenders, differentials, frames,
transmissions, engines, doghouses (front assembly), rear clips, and
additional parts as prescribed by the bureau.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-96
Manufactured home
Sec. 96. (a) "Manufactured home" means, except as provided in
subsection (b), a structure that:
(1) is assembled in a factory;
IC 9-13-2-97
Manufacturer
Sec. 97. (a) "Manufacturer" means, except as provided in
subsection (b), a person engaged in the business of constructing or
assembling vehicles, of a type required to be registered under
IC 9-18, at an established place of business. The term does not
include a converter manufacturer, an automotive mobility dealer, or
a recreational vehicle manufacturer.
(b) "Manufacturer", for purposes of IC 9-23, means a person who
is engaged in the business of manufacturing or assembling new
motor vehicles or major component parts of motor vehicles, or both,
and sells new motor vehicles to dealers, wholesale dealers,
distributors, or the general public. The term includes the following:
(1) A factory branch office of the manufacturer.
(2) An authorized representative of the manufacturer.
(3) A partnership, a firm, an association, a joint venture, a
limited liability company, a corporation, or a trust, resident or
nonresident, that is controlled by the manufacturer.
The term does not include a converter manufacturer, an automotive
mobility dealer, or a recreational vehicle manufacturer.
As added by P.L.2-1991, SEC.1. Amended by P.L.8-1993, SEC.168;
P.L.78-2002, SEC.3; P.L.21-2003, SEC.2; P.L.147-2009, SEC.4.
IC 9-13-2-97.5
Manufacturer of a vehicle subcomponent system
Sec. 97.5. "Manufacturer of a vehicle subcomponent system"
means a manufacturer of a vehicle subcomponent system essential to
the operation of a motor vehicle. The term includes a public or
private university that is engaged in the:
(1) research;
(2) development; or
(3) manufacture;
of a vehicle subcomponent system.
As added by P.L.93-2010, SEC.2.
IC 9-13-2-98
Marching band procession
Sec. 98. "Marching band procession", for purposes of IC 9-21-14,
has the meaning set forth in IC 9-21-14-2.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-99
Maxi-cube
Sec. 99. "Maxi-cube" vehicle means a truck tractor combined with
a semitrailer and a separable cargo carrying unit that is designed to
be loaded and unloaded through the vehicle.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-100
Medical services vehicle
Sec. 100. "Medical services vehicle" means any of the following:
(1) A vehicle that is used or intended to be used for the purpose
of responding to emergency life-threatening situations and
providing emergency transportation service.
(2) A vehicle that is routinely used to transport patients who are
not acutely ill or injured in a life-threatening manner.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-101
Member of the armed forces of the United States
Sec. 101. "Member of the armed forces of the United States"
means a person who served or serves on active military or naval
service in the land, air, or naval forces of the United States. The term
does not include service in the merchant marines.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-102
Metal tire
Sec. 102. "Metal tire" means a tire the surface of which in contact
with the highway is wholly or partly of metal or other hard
nonresilient material.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-102.3
Metered space
Sec. 102.3. "Metered space", for purposes of IC 9-18-17 and
IC 9-18-18, means a public parking space at which parking is
regulated by:
(1) a parking meter; or
(2) an official traffic control device that imposes a maximum
parking time for the public parking space.
The term does not include parking spaces or areas regulated under
IC 9-21-18.
As added by P.L.6-2009, SEC.1.
IC 9-13-2-103
Military vehicle
Sec. 103. "Military vehicle" means a vehicle that:
(1) was originally manufactured for military use;
(2) is motorized or nonmotorized, including a motorcycle,
motor scooter, and trailer;
(3) is at least twenty-five (25) years old; and
(4) is privately owned.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-103.2
Mobile home
Sec. 103.2. "Mobile home", for purposes of IC 9-22-1.5, has the
meaning set forth in IC 6-6-5-1.
As added by P.L.108-2001, SEC.1.
IC 9-13-2-103.5
Motorboat
Sec. 103.5. (a) "Motorboat" means a watercraft propelled by an
internal combustion, steam, or electrical inboard or outboard motor
or engine or by any mechanical means.
(b) The term includes a sailboat that is equipped with a motor or
an engine described in subsection (a) when the sailboat is in
operation whether or not the sails are hoisted.
As added by P.L.71-1991, SEC.5.
IC 9-13-2-105
Motor vehicle
Sec. 105. (a) "Motor vehicle" means, except as otherwise
provided in this section, a vehicle that is self-propelled. The term
does not include a farm tractor, an implement of agriculture designed
to be operated primarily in a farm field or on farm premises, or an
electric personal assistive mobility device.
(b) "Motor vehicle", for purposes of IC 9-21, means:
(1) a vehicle except a motorized bicycle that is self-propelled;
or
(2) a vehicle that is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails.
(c) "Motor vehicle", for purposes of IC 9-19-10.5 and IC 9-25,
means a vehicle that is self-propelled upon a highway in Indiana. The
term does not include a farm tractor.
(d) "Motor vehicle", for purposes of IC 9-30-10, does not include
a motorized bicycle.
(e) "Motor vehicle", for purposes of IC 9-23-2 and IC 9-23-3,
includes a semitrailer.
(f) "Motor vehicle", for purposes of IC 9-24-6, has the meaning
set forth in 49 CFR 383.5 as in effect July 1, 2010.
As added by P.L.2-1991, SEC.1. Amended by P.L.94-1997, SEC.1;
P.L.143-2002, SEC.2; P.L.248-2003, SEC.2 and P.L.265-2003,
SEC.2; P.L.210-2005, SEC.9; P.L.191-2007, SEC.1; P.L.9-2010,
SEC.8.
IC 9-13-2-106
Motor vehicle liability policy
Sec. 106. "Motor vehicle liability policy" means an owner's policy
of liability insurance or an operator's policy of liability insurance
that:
(1) is issued, except as provided in IC 9-25-5-10, by an
insurance carrier duly authorized to transact business in Indiana
to or for the benefit of the person named in the policy as
insured; and
(2) insures against liability resulting from the ownership,
maintenance, use, or operation of a motor vehicle.
As added by P.L.2-1991, SEC.1. Amended by P.L.59-1994, SEC.1.
IC 9-13-2-107
Motor vehicle part
Sec. 107. "Motor vehicle part", for purposes of IC 19-18-8, has
the meaning set forth in IC 19-18-8-1.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-107.5
Motor vehicle record
Sec. 107.5. "Motor vehicle record", for purposes of IC 9-14-3.5,
has the meaning set forth in IC 9-14-3.5-4.
As added by P.L.2-1997, SEC.26.
IC 9-13-2-108
Motorcycle
Sec. 108. "Motorcycle" means a motor vehicle with motive power
having a seat or saddle for the use of the rider and designed to travel
on not more than three (3) wheels in contact with the ground. The
term does not include a farm tractor or a motorized bicycle.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-109
Motorized bicycle
Sec. 109. "Motorized bicycle" means a two (2) or three (3)
wheeled vehicle that is propelled by an internal combustion engine
or a battery powered motor, and if powered by an internal
combustion engine, has the following:
(1) An engine rating of not more than two (2) horsepower and
a cylinder capacity not exceeding fifty (50) cubic centimeters.
(2) An automatic transmission.
(3) A maximum design speed of not more than twenty-five (25)
miles per hour on a flat surface.
The term does not include an electric personal assistive mobility
device.
As added by P.L.2-1991, SEC.1. Amended by P.L.143-2002, SEC.3.
IC 9-13-2-110
Moving traffic offense
Sec. 110. "Moving traffic offense", for purposes of IC 9-25-9-1
and IC 9-30-3-14, has the meaning set forth in IC 9-30-3-14(a).
As added by P.L.2-1991, SEC.1. Amended by P.L.94-1997, SEC.2;
P.L.1-2002, SEC.39.
IC 9-13-2-110.5
Municipal waste collection and transportation vehicle
Sec. 110.5. (a) "Municipal waste collection and transportation
vehicle" means a truck used to transport municipal waste (as defined
in IC 13-11-2-133) from a solid waste generator or a solid waste
processing facility (as defined in IC 13-11-2-212) to a:
(1) solid waste processing facility (as defined in
IC 13-11-2-212) in Indiana; or
(2) solid waste disposal facility (as defined in IC 13-11-2-206)
in Indiana.
IC 9-13-2-111
New motor vehicle
Sec. 111. "New motor vehicle" means a motor vehicle:
(1) that has not been previously titled under IC 9-17 and carries
a manufacturer's certificate of origin; or
(2) that has never been transferred by a manufacturer,
distributor, or dealer to an ultimate purchaser.
As added by P.L.2-1991, SEC.1. Amended by P.L.10-1998, SEC.1.
IC 9-13-2-112
Nonmoving traffic offense
Sec. 112. "Nonmoving traffic offense", for purposes of IC 9-30-3,
has the meaning set forth in IC 9-30-3-4.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-113
Nonresident
Sec. 113. (a) "Nonresident" means, except as provided in
subsection (b), a person who is not a resident of Indiana.
(b) "Nonresident", for purposes of IC 9-18-2, means a person with
a legal residence in another jurisdiction who:
(1) engages in transporting migrant agricultural workers in
connection with seasonal agricultural activities;
(2) operates a motor vehicle in connection with a seasonal
activity that requires moving from place to place entertainment
devices or carnival facilities for fairs, local commercial
promotions, festivals, or similar activities; or
(3) temporarily resides or sojourns in Indiana for sixty (60) days
or less in any one (1) year.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-114
Odometer
Sec. 114. "Odometer" means an instrument for measuring and
recording the actual distance a motor vehicle travels while in
operation. The term does not include an auxiliary odometer designed
to be reset by the operator of the motor vehicle for the purpose of
recording mileage on trips.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-116
Officer
Sec. 116. "Officer", for purposes of IC 9-22-1 and IC 9-22-2, has
the meaning set forth in IC 9-22-1-2.
As added by P.L.2-1991, SEC.1. Amended by P.L.66-1992, SEC.3.
IC 9-13-2-117
Official traffic control devices
Sec. 117. "Official traffic control devices" means a sign, signal,
marking, and device, including a railroad advance warning sign, not
inconsistent with this title placed or erected by authority of a public
body or an official having jurisdiction, for the purpose of regulating,
warning, or guiding traffic.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-117.3
Off-road vehicle
Sec. 117.3. "Off-road vehicle" has the meaning set forth in
IC 14-8-2-185.
As added by P.L.219-2005, SEC.2. Amended by P.L.1-2007, SEC.81.
IC 9-13-2-117.5
Operate
Sec. 117.5. "Operate", for purposes of IC 9-31, means to navigate
or otherwise use a motorboat.
As added by P.L.71-1991, SEC.6.
IC 9-13-2-117.7
Operating crew member
Sec. 117.7. "Operating crew member", for purposes of IC 9-19-6,
has the meaning set forth in IC 9-19-6-1.5.
As added by P.L.183-2005, SEC.2.
IC 9-13-2-118
Operator
Sec. 118. (a) "Operator" means, except as provided in subsection
(b), when used in reference to a motor vehicle, a person, other than
a chauffeur or a public passenger chauffeur, who:
(1) drives or is in actual physical control of a motor vehicle
upon a highway; or
(2) is exercising control over or steering a motor vehicle being
towed by a motor vehicle.
(b) "Operator", for purposes of IC 9-25, means a person other than
a chauffeur who is in actual physical control of a motor vehicle upon
a highway of Indiana.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-119
Operator of a special tractor mobile home rig
Sec. 119. "Operator of a special tractor mobile home rig" means:
(1) a person employed by a mobile home or sectionalized
building manufacturer, dealer, transport company, or individual
owner for the purpose of driving a vehicle transporting a mobile
home or sectionalized building (as defined in section 163(b) of
this chapter) on any public road or street; or
(2) an individual moving the individual's own mobile home or
sectionalized building on the highways.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-120
Other bus
Sec. 120. "Other bus", for purposes of IC 9-29-5-10, has the
meaning set forth in that section.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-120.5
Out-of-service order
Sec. 120.5. "Out-of-service order" means a declaration by an
authorized enforcement officer of a federal, state, Canadian,
Mexican, or local jurisdiction that a driver, a commercial motor
vehicle, or a motor carrier operation is out-of-service under:
(1) 49 CFR Parts 386.72, 392.5, 395.13, 396.9;
(2) Indiana law; or
(3) the North American Uniform Out-of-Service Criteria.
As added by P.L.88-1996, SEC.1.
IC 9-13-2-121
Owner
Sec. 121. (a) "Owner" means, except as otherwise provided in this
section, when used in reference to a motor vehicle:
(1) a person who holds the legal title of a motor vehicle;
(2) a person renting or leasing a motor vehicle and having
exclusive use of the motor vehicle for more than thirty (30)
days; or
(3) if a motor vehicle is the subject of an agreement for the
conditional sale or lease vested in the conditional vendee or
lessee, or in the event the mortgagor, with the right of purchase
upon the performance of the conditions stated in the agreement
and with an immediate right of possession of a vehicle is
entitled to possession, the conditional vendee or lessee or
mortgagor.
(b) "Owner", for purposes of IC 9-21 and IC 9-25, means, when
used in reference to a motor vehicle, a person who holds the legal
title of a motor vehicle, or if a:
IC 9-13-2-122
Parts
Sec. 122. "Parts" refers to all components of a vehicle that as
assembled do not constitute a complete vehicle.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-123
Passenger motor vehicle
Sec. 123. "Passenger motor vehicle" means a motor vehicle
designed for carrying passengers. The term includes a low speed
vehicle but does not include a motorcycle, a bus, a school bus, or an
off-road vehicle.
As added by P.L.2-1991, SEC.1. Amended by P.L.21-2003, SEC.3;
P.L.219-2005, SEC.3; P.L.214-2007, SEC.5.
IC 9-13-2-123.3
Pedestrian hybrid beacon
Sec. 123.3. "Pedestrian hybrid beacon" for purposes of IC 9-21-3,
has the meaning set forth in IC 9-21-3-0.5.
As added by P.L.43-2011, SEC.1.
IC 9-13-2-123.5
Permit
Sec. 123.5. "Permit" means any kind of permit issued by the state
authorizing an individual to operate a motor vehicle on public streets,
roads, or highways.
As added by P.L.184-2007, SEC.9.
IC 9-13-2-124
Person
Sec. 124. (a) "Person" means, except as otherwise provided in this
section, an individual, a firm, a partnership, an association, a
fiduciary, an executor or administrator, a governmental entity, a
limited liability company, or a corporation.
(b) "Person", for purposes of IC 9-14-3.5, does not include the
state or an agency of the state.
(c) "Person", for purposes of IC 9-20-14, IC 9-20-15, and
IC 9-20-18-13(b), means a mobile home or sectionalized building
transport company, mobile home or sectionalized building
manufacturer, mobile home or sectionalized building dealer, or
mobile home or sectionalized building owner.
(d) "Person", for purposes of IC 9-23, means an individual, a
corporation, a limited liability company, an association, a
partnership, a trust, or other entity. The term does not include the
state, an agency of the state, or a municipal corporation.
As added by P.L.2-1991, SEC.1. Amended by P.L.95-1991, SEC.3;
P.L.8-1993, SEC.169; P.L.89-1996, SEC.1.
IC 9-13-2-124.5
Personal information
Sec. 124.5. "Personal information", for purposes of IC 9-14-3.5,
has the meaning set forth in IC 9-14-3.5-5.
As added by P.L.2-1997, SEC.27.
IC 9-13-2-125
Personalized license plate
Sec. 125. "Personalized license plate" means a license plate that
displays the registration number assigned to the vehicle and issued
in a combination of letters or numbers, or both, requested by the
owner or the lessee of the vehicle.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-126
Pole trailer
Sec. 126. "Pole trailer" means a vehicle without motive power
designed to be drawn by another vehicle and attached to the towing
vehicle by means of a reach or pole, or by being boomed or
otherwise secured to the towing vehicle, and ordinarily used for
transporting long or irregular shaped loads such as poles, pipes, or
structural members that are capable, generally, of sustaining
themselves as beams between the supporting connections.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-127
Police officer
Sec. 127. (a) "Police officer" means, except as provided in
subsection (b), the following:
(1) A regular member of the state police department.
(2) A regular member of a city or town police department.
(3) A town marshal or town marshal deputy.
(4) A regular member of a county sheriff's department.
IC 9-13-2-128
Political subdivision
Sec. 128. "Political subdivision" means a county, a township, a
city, a town, a public school corporation, or any other subdivision of
the state recognized in any law, including any special taxing district
or entity and any public improvement district authority or entity
authorized to levy taxes or assessments.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-128.3
Pop-up camper trailer
Sec. 128.3. "Pop-up camper trailer" means a recreation camping
unit designed for temporary living quarters that is:
(1) mounted on wheels; and
(2) constructed with collapsible sidewalls that fold or sidewalls
that telescope;
for towing by a motor vehicle.
As added by P.L.93-1997, SEC.2.
IC 9-13-2-129
Preceding year
Sec. 129. "Preceding year", for purposes of IC 9-18-11, has the
meaning set forth in IC 9-18-11-2.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-130
Previous conviction of operating while intoxicated
Sec. 130. "Previous conviction of operating while intoxicated"
means a previous conviction:
(1) in Indiana of:
(A) an alcohol related or drug related crime under Acts
1939, c.48, s.52, as amended, IC 9-4-1-54 (repealed
September 1, 1983), or IC 9-11-2 (repealed July 1, 1991); or
(B) a crime under IC 9-30-5-1 through IC 9-30-5-9; or
(2) in any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially similar
to the elements of a crime described in IC 9-30-5-1 through
IC 9-30-5-9.
IC 9-13-2-132
Prisoner of war
Sec. 132. "Prisoner of war" means a person who, while serving on
active military service in the land, air, or naval forces of the United
States, was in the power of a hostile government, was imprisoned by
the military or naval forces of a foreign nation during the United
States' military involvement in World War I, World War II, the
Korean Police Action, or the Vietnam Conflict and who is either
presently a member of the armed forces or has received an honorable
discharge.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-133
Private bus
Sec. 133. (a) "Private bus" means a motor vehicle designed and
constructed for the accommodation of passengers and that is used for
transportation of passengers by any of the following:
(1) A religious, fraternal, charitable, or benevolent organization.
(2) A youth association.
(3) A public or private postsecondary educational institution.
(b) The term includes either the chassis or the body of the vehicle
or both the body and the chassis of the vehicle.
(c) The term does not include the following:
(1) A vehicle with a seating capacity of not more than fifteen
(15) persons.
(2) A school bus or a bus used to carry passengers for hire.
As added by P.L.2-1991, SEC.1. Amended by P.L.2-2007, SEC.140.
IC 9-13-2-134
Private business property or shopping center
Sec. 134. "Private business property" or "shopping center", for
purposes of IC 9-21-18, has the meaning set forth in IC 9-21-18-2.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-135
Private driveway
Sec. 135. "Private driveway" means a way or place in private
ownership that is used for vehicular travel by the owner and those
having express or implied permission from the owner but not by
other persons.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-136
Private property
Sec. 136. "Private property" means all property other than public
property.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-137
Private road
Sec. 137. "Private road" means a way or place in private
ownership that is used for vehicular travel by the owner and those
having express or implied permission from the owner but not by
other persons.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-138
Procurement
Sec. 138. "Procurement", for purposes of IC 9-16-2, has the
meaning set forth in IC 9-16-2-1.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-138.5
Proof of discharge
Sec. 138.5. "Proof of discharge" means a document that:
(1) is issued by the United States Department of Defense; and
(2) confirms a veteran's discharge from the armed forces of the
United States.
The term includes a DD-214 form.
As added by P.L.118-2011, SEC.2.
IC 9-13-2-139
Proof of financial responsibility
Sec. 139. "Proof of financial responsibility", for purposes of
IC 9-25, has the meaning set forth in IC 9-25-2-3.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-140
Protocol
Sec. 140. "Protocol" means a procedure for the withdrawal of
blood and other bodily substance samples.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-141
Public agency
Sec. 141. "Public agency", for purposes of IC 9-22-1, has the
meaning set forth in IC 9-22-1-3.
IC 9-13-2-142
Public highway
Sec. 142. "Public highway", for purposes of IC 9-25, has the
meaning set forth in IC 9-25-2-4.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-143
Public passenger chauffeur
Sec. 143. "Public passenger chauffeur" means any of the
following:
(1) A person who operates a motor vehicle while in use as a
school bus for the transportation of pupils to or from school, or
to or from school athletic games or contests.
(2) A person who operates a motor vehicle other than a medical
services vehicle while in use as a public passenger carrying
vehicle.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-144
Public property
Sec. 144. "Public property" means a public right-of-way, street,
highway, alley, park, or other state, county, or municipal property.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-144.5
Pull service charge
Sec. 144.5. "Pull service charge", for purposes of IC 9-29-3-19,
has the meaning set forth in IC 9-29-3-19.
As added by P.L.216-2003, SEC.2.
IC 9-13-2-145
Qualified person
Sec. 145. "Qualified person", for purposes of IC 9-16-1, has the
meaning set forth in IC 9-16-1-1.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-146
Railroad
Sec. 146. "Railroad" does not include street car.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-146.5
Railroad flagman
Sec. 146.5. "Railroad flagman", for purposes of IC 9-21-8-41.7,
has the meaning set forth in IC 9-21-8-41.7(a).
As added by P.L.8-2010, SEC.1.
IC 9-13-2-148
Raw milk
Sec. 148. "Raw milk", for purposes of IC 9-20-4-2, has the
meaning set forth in IC 9-20-4-2(d).
As added by P.L.2-1991, SEC.1.
IC 9-13-2-149
Rebuilt vehicle
Sec. 149. "Rebuilt vehicle" means a vehicle for which a certificate
of title has been issued by the bureau under IC 9-22-3 or for which
a certificate of title has been issued by another state or jurisdiction
under a similar procedure for the retitling of salvage motor vehicles.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-149.5
Record
Sec. 149.5. "Record", for purposes of IC 9-14-3.5, has the
meaning set forth in IC 9-14-3.5-6.
As added by P.L.2-1997, SEC.28.
IC 9-13-2-150
Recreational vehicle
Sec. 150. (a) "Recreational vehicle" means a vehicle with or
without motive power equipped exclusively for living quarters for
persons traveling upon the highways.
(b) "Recreational vehicle", for purposes of IC 9-18-2-8, does not
include a mobile structure (as defined in IC 22-12-1-17).
As added by P.L.2-1991, SEC.1.
IC 9-13-2-150.5
Registered importer
Sec. 150.5. "Registered importer" has the meaning set forth in
IC 9-17-2-0.5.
As added by P.L.107-2008, SEC.8; P.L.131-2008, SEC.35.
IC 9-13-2-151
Relevant evidence of intoxication
Sec. 151. "Relevant evidence of intoxication" includes evidence
that at the time of an alleged violation a person had an alcohol
concentration equivalent to at least five-hundredths (0.05) gram, but
less than eight-hundredths (0.08) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath.
IC 9-13-2-151.7
Rental company
Sec. 151.7. "Rental company" has the meaning set forth in
IC 24-4-9-7.
As added by P.L.268-2003, SEC.4.
IC 9-13-2-152
Repair or replacement
Sec. 152. "Repair or replacement" means the restoration of an
odometer to a sound working condition by replacing the odometer or
any part of the odometer or by correcting what is inoperative.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-152.5
Reproduction
Sec. 152.5. "Reproduction" means the following:
(1) With respect to a license plate issued under IC 9-18, an
object that:
(A) is made of metal, plastic, or a similarly rigid and durable
material;
IC 9-13-2-153
Residence district
Sec. 153. "Residence district" means the territory contiguous to
and including a highway not comprising a business district, when the
property on the highway for a distance of at least five hundred (500)
feet is primarily improved with residences or residences and
buildings in use for business.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-154
Restricted license
Sec. 154. "Restricted license" means any current driving license,
on which the commission has designated restrictions.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-154.5
Retail lessee
Sec. 154.5. "Retail lessee", for purposes of IC 9-23-2.5, has the
meaning set forth in IC 9-23-2.5-6.
As added by P.L.86-1996, SEC.6.
IC 9-13-2-154.6
Retail lessor
Sec. 154.6. "Retail lessor", for purposes of IC 9-23-2.5, has the
meaning set forth in IC 9-23-2.5-7.
As added by P.L.86-1996, SEC.7.
IC 9-13-2-154.8
Retractable tire studs
Sec. 154.8. "Retractable tire studs", for purposes of IC 9-19-18,
means tire studs that:
(1) are capable of being retracted; and
(2) otherwise satisfy the requirements of IC 9-19-18-3(d).
As added by P.L.35-2008, SEC.1.
IC 9-13-2-155
Right-of-way
Sec. 155. "Right-of-way" means the privilege of the immediate
use of a highway.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-157
Roadway
Sec. 157. (a) Except as provided in subsection (b), "roadway"
means that part of a highway improved, designed, or ordinarily used
for vehicular travel.
(b) As used in IC 9-21-12-13, "roadway" means the part of a
highway that is improved, designed, or ordinarily used for vehicular
travel. The term does not include the sidewalk, berm, or shoulder,
even if the sidewalk, berm, or shoulder is used by persons riding
bicycles or other human powered vehicles.
As added by P.L.2-1991, SEC.1. Amended by P.L.42-2011, SEC.22.
IC 9-13-2-158
Safety glazing materials
Sec. 158. "Safety glazing materials", for purposes of IC 9-19-19,
has the meaning set forth in IC 9-19-19-1.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-159
Safety zone
Sec. 159. "Safety zone" means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and that
is protected or is so marked or indicated by adequate signs as to be
plainly visible at all times.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-160
Salvage motor vehicle
Sec. 160. "Salvage motor vehicle" means any of the following:
(1) A motor vehicle, motorcycle, semitrailer, or recreational
vehicle that meets at least one (1) of the criteria set forth in
IC 9-22-3-3.
(2) A vehicle, ownership of which is evidenced by a salvage
title or by another ownership document of similar qualification
and limitation issued by a state or jurisdiction other than the
state of Indiana, and recognized by and acceptable to the bureau
of motor vehicles.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-161
School bus
Sec. 161. (a) "School bus" means, except as provided in
subsections (b) and (c), a:
(1) bus;
(2) hack;
(3) conveyance;
(4) commercial motor vehicle; or
(5) motor vehicle;
used to transport preschool, elementary, or secondary school children
to and from school and to and from school athletic games or contests
or other school functions. The term does not include a privately
owned automobile with a capacity of not more than five (5)
passengers that is used for the purpose of transporting school
children to and from school.
(b) "School bus", for purposes of IC 9-21, means a motor vehicle
owned by a public or governmental agency and operated for the
transportation of children to or from school, including project
headstart, or privately owned and operated for compensation for the
transportation of children to and from school, including project
headstart.
(c) "School bus", for purposes of IC 9-19-11-1(1), means a motor
vehicle:
(1) that meets the federal school bus safety requirements under
49 U.S.C. 30125; or
(2) that meets the federal school bus safety requirements under
49 U.S.C. 30125 except the:
(A) stop signal arm required under federal motor vehicle
safety standard (FMVSS) no. 131; and
(B) flashing lamps required under federal motor vehicle
safety standard (FMVSS) no. 108.
As added by P.L.2-1991, SEC.1. Amended by P.L.54-1998, SEC.1;
P.L.219-2003, SEC.2; P.L.146-2009, SEC.2.
IC 9-13-2-161.3
School crossing guard
Sec. 161.3. "School crossing guard" means a person at least
eighteen (18) years of age appointed by one (1) of the following:
(1) Safety board.
(2) Board of public works and safety.
(3) Town board.
(4) Board of public safety.
(5) Sheriff.
As added by P.L.116-1993, SEC.1.
IC 9-13-2-161.5
School crossing zone
Sec. 161.5. "School crossing zone" means a part of a roadway
distinctly indicated for crossing by children on the way to or from
school by lines or other markings on the surface of the roadway or by
signs.
As added by P.L.116-1993, SEC.2.
IC 9-13-2-163
Sectionalized building
Sec. 163. (a) "Sectionalized building" means, except as provided
in subsection (b), any part of a finished structure.
(b) "Sectionalized building", for purposes of IC 9-20-15, means
any part of a finished structure that has living quarters suitable for
human use and that can be identified by a manufacturer's number
sequence.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-164
Semitrailer
Sec. 164. (a) "Semitrailer", except as provided in subsection (b),
means a vehicle without motive power, designed for carrying
property and for being drawn by a motor vehicle, and so constructed
that some part of the weight of the semitrailer and that of the
semitrailer's load rests upon or is carried by another vehicle. The
term does not include the following:
(1) A pole trailer.
(2) A two (2) wheeled homemade trailer.
(3) A semitrailer used exclusively for carrying passengers as
used in section 17(a) of this chapter.
(b) "Semitrailer", for purposes of IC 9-21, means a vehicle with
or without motive power, designed for carrying persons or property
and for being drawn by a motor vehicle and so constructed that some
part of its weight and that of its load rests upon or is carried by
another vehicle. The term does not include a pole trailer.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-165
Serious bodily injury
Sec. 165. "Serious bodily injury" has the meaning set forth in
IC 35-41-1.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-166
Shopping center or private business property
Sec. 166. "Shopping center" or "private business property", for
purposes of IC 9-21-18, has the meaning set forth in IC 9-21-18-2.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-168
Solid tire
Sec. 168. "Solid tire" means a tire of rubber or other resilient
material that does not depend upon compressed air for the support of
the load.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-169
Repealed
(Repealed by P.L.210-2005, SEC.76.)
IC 9-13-2-170
Special group
Sec. 170. "Special group" means:
(1) a class or group of persons that the bureau finds:
(A) have made significant contributions to the United States,
Indiana, or the group's community or are descendants of
native or pioneer residents of Indiana;
(B) are organized as a nonprofit organization (as defined
under Section 501(c) of the Internal Revenue Code);
(C) are organized for nonrecreational purposes; and
(D) are organized as a separate, unique organization or as a
coalition of separate, unique organizations; or
(2) a National Football League franchised professional football
team.
As added by P.L.2-1991, SEC.1. Amended by P.L.261-2001, SEC.1;
P.L.214-2005, SEC.54.
IC 9-13-2-170.3
Special machinery
Sec. 170.3. "Special machinery" means a portable saw mill or well
drilling machinery.
As added by P.L.210-2005, SEC.11.
IC 9-13-2-170.5
Special numbered motor vehicle registration plate
Sec. 170.5. "Special numbered motor vehicle registration plate",
for purposes of IC 9-29-3-19, has the meaning set forth in
IC 9-29-3-19.
As added by P.L.216-2003, SEC.3.
IC 9-13-2-170.7
Special purpose bus
Sec. 170.7. "Special purpose bus" has the meaning set forth in
IC 20-27-2-10.
As added by P.L.107-2006, SEC.1.
IC 9-13-2-171
Special tractor-mobile home rig
Sec. 171. "Special tractor-mobile home rig" means any
combination of a mobile home or sectionalized building and a towing
vehicle having a width greater than one hundred forty-eight (148)
inches and not greater than one hundred seventy-two (172) inches at
the base and:
(1) of which the mobile home, including the hitch, is not more
than eighty-five (85) feet and the tractor part is not less than
twelve (12) feet in length;
(2) a height not in excess of fourteen (14) feet, six (6) inches;
or
(3) both of the dimensions in subdivisions (1) and (2).
As added by P.L.2-1991, SEC.1. Amended by P.L.61-1996, SEC.12;
P.L.217-2003, SEC.1.
IC 9-13-2-172
Speed contest
Sec. 172. "Speed contest" means an unnecessary rapid
acceleration by two (2) or more vehicles that creates a hazard to
pedestrians, passengers, vehicles, or other property.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-173
State
Sec. 173. (a) "State" means, except as otherwise provided by this
section and unless by the context some other state or territory or
federal district of the United States is meant or intended, the state of
Indiana.
(b) "State", for purposes of IC 9-27-1, means the state of Indiana,
the governor of Indiana, an agency of the state of Indiana designated
by the governor to receive federal aid, and any officer, board, bureau,
commission, division, or department, any public body corporate and
politic created by the state of Indiana for public purposes, or any
state educational institution.
(c) "State", for purposes of IC 9-25, means any state in the United
States, the District of Columbia, or any Province of the Dominion of
Canada.
(d) "State", for purposes of section 120.5 of this chapter and
IC 9-24-6, means any state in the United States or the District of
Columbia.
As added by P.L.2-1991, SEC.1. Amended by P.L.88-1996, SEC.2;
P.L.2-2007, SEC.141; P.L.9-2010, SEC.9.
IC 9-13-2-174
Stinger-steered vehicle
Sec. 174. "Stinger-steered vehicle" means an automobile or a boat
transporter configured as a semitrailer combination in which the fifth
wheel is located as a drop frame located behind and below the
rearmost axle of the power unit.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-174.5
Storage yard
Sec. 174.5. "Storage yard" for purposes of IC 9-22-1, has the
meaning set forth in IC 9-22-1-3.5.
As added by P.L.104-2005, SEC.1.
IC 9-13-2-175
Street or highway
Sec. 175. "Street" or "highway" means the entire width between
the boundary lines of every way publicly maintained when any part
of the way is open to the use of the public for purposes of vehicular
travel. The term includes an alley in a city or town.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-176
Street car
Sec. 176. "Street car" means a car other than a railroad train for
transporting persons or property and operated upon rails principally
within a municipality.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-177
Tandem axle group
Sec. 177. "Tandem axle group" means two (2) or more axles
spaced more than forty (40) inches and less than ninety-six (96)
inches. For the purpose of enforcing the single axle weight
limitation, the third axle of a tri-axle group of a truck shall be treated
as if it were a single axle if it is independently suspended.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-177.3
Telecommunications device
Sec. 177.3. (a) "Telecommunications device", for purposes of
IC 9-21-8 and IC 9-24-11-3.3, means an electronic or digital
telecommunications device. The term includes a:
(1) wireless telephone;
(2) personal digital assistant;
(3) pager; or
(4) text messaging device.
(b) The term does not include:
(1) amateur radio equipment that is being operated by a person
licensed as an amateur radio operator by the Federal
Communications Commission under 47 CFR Part 97; or
(2) a communications system installed in a commercial motor
vehicle weighing more than ten thousand (10,000) pounds.
As added by P.L.101-2009, SEC.2. Amended by P.L.185-2011,
SEC.1.
IC 9-13-2-177.4
Text message
Sec. 177.4. "Text message", for purposes of IC 9-21-8, has the
meaning set forth in IC 9-21-8-0.5.
As added by P.L.185-2011, SEC.2.
IC 9-13-2-177.5
Third party
Sec. 177.5. "Third party", for purposes of IC 9-17-3, has the
meaning set forth in IC 9-17-3-0.5.
As added by P.L.268-2003, SEC.5.
IC 9-13-2-178
Through highway
Sec. 178. "Through highway" means a highway or portion of a
highway at the entrance to which vehicular traffic from intersecting
highways is required by law to yield right-of-way to vehicles on the
through highway in obedience to either a stop sign or a yield sign.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-179
Towing service
Sec. 179. "Towing service" means a person that engages in
moving or removing abandoned or disabled vehicles and, once the
vehicles are moved or removed, stores or impounds the vehicles.
As added by P.L.2-1991, SEC.1. Amended by P.L.191-2007, SEC.2.
IC 9-13-2-180
Tractor
Sec. 180. "Tractor" means a motor vehicle designed and used
primarily for drawing or propelling trailers, semitrailers, or vehicles
of any kind. The term does not include a farm tractor.
As added by P.L.2-1991, SEC.1. Amended by P.L.210-2005, SEC.12.
IC 9-13-2-181
Tractor-mobile home rig
Sec. 181. "Tractor-mobile home rig" means a combination of a
mobile home or sectionalized building and a towing vehicle having
either a combined overall length of more than sixty (60) feet and not
more than one hundred ten (110) feet of which:
(1) the mobile home, including the hitch, is not more than
eighty-five (85) feet; and
(2) the tractor part:
(A) is not less than twelve (12) feet in length;
(B) has a width of more than ninety-six (96) inches and not
more than one hundred forty-eight (148) inches at the base;
IC 9-13-2-182
Traffic
Sec. 182. "Traffic" means pedestrians, ridden or herded animals,
street cars, vehicles, and other conveyances either singly or together
while using any highway for purposes of travel.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-183
Traffic offense
Sec. 183. "Traffic offense", for purposes of IC 9-30-3, has the
meaning set forth in IC 9-30-3-5.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-184
Trailer
Sec. 184. (a) "Trailer" means, except as otherwise provided in this
section, a vehicle:
(1) without motive power;
(2) designed for carrying persons or property;
(3) designed for being drawn by a motor vehicle; and
(4) so constructed that no part of the weight of the trailer rests
upon the towing vehicle.
The term includes pole trailers and two (2) wheeled homemade
trailers.
(b) "Trailer", for purposes of IC 9-21, means a vehicle:
(1) with or without motive power;
(2) designed for carrying persons or property;
(3) designed for being drawn by a motor vehicle; and
(4) so constructed that no part of the weight of the trailer rests
upon the towing vehicle.
The term does not include pole trailers.
(c) "Trailer", for purposes of IC 9-21-8-12 through IC 9-21-8-13,
means the combination of any motor vehicle towing another vehicle
or trailer.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-185
Transfer dealer
Sec. 185. "Transfer dealer" means a person other than a dealer,
manufacturer, or wholesale dealer who has the necessity of
transferring a minimum of twelve (12) motor vehicles during a
license year as part of the transfer dealer's primary business function.
As added by P.L.2-1991, SEC.1. Amended by P.L.268-2003, SEC.6.
IC 9-13-2-187
Transport operator
Sec. 187. "Transport operator" means any of the following:
(1) A person engaged in the business of furnishing drivers and
operators for the purpose of transporting vehicles in transit from
one (1) place to another by the drive away or tow away
methods.
(2) A nonresident dealer manufacturer engaged in the operation
or business described in subdivision (1).
(3) A business that prepares newly purchased vehicles of the
business and delivers the vehicles to the locations where the
vehicles will be based, titled, and registered.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-187.5
Trip
Sec. 187.5. "Trip", for purposes of IC 9-29-6-1, means the
movement of a vehicle or combination of vehicles having a total
gross weight greater than eighty thousand (80,000) pounds but less
than one hundred thirty-four thousand (134,000) pounds within a
twenty-four (24) hour period.
As added by P.L.147-2002, SEC.1.
IC 9-13-2-188
Truck
Sec. 188. (a) "Truck" means a motor vehicle designed, used, or
maintained primarily for the transportation of property.
(b) "Truck", for purposes of IC 9-21-8-3, includes the following:
(1) A motor vehicle designed and used primarily for drawing
another vehicle and constructed to carry a load other than a part
of the weight of the vehicle and load drawn.
(2) A motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other
implements of agriculture.
As added by P.L.2-1991, SEC.1. Amended by P.L.210-2005, SEC.13.
IC 9-13-2-188.5
Truck driver training school
Sec. 188.5. (a) This subsection expires December 31, 2011.
"Truck driver training school" means a postsecondary proprietary
educational institution (as defined in IC 21-17-1-13) located in
Indiana and accredited by the Indiana commission on proprietary
education or a state educational institution subject to rules adopted
by the bureau under IC 9-24-6-5.5 that:
IC 9-13-2-189
Truck-tractor
Sec. 189. (a) "Truck-tractor" means, except as provided in
subsection (b), a motor vehicle designed and used primarily for
drawing other vehicles and not constructed to carry a load other than
a part of the weight of the vehicle and load so drawn.
(b) "Truck-tractor", for purposes of IC 9-20-13-2, means a
noncargo carrying power unit designed to operate in combination
with a semitrailer or trailer and includes a dromedary deck and plate.
As added by P.L.2-1991, SEC.1. Amended by P.L.91-1991, SEC.2.
IC 9-13-2-190
Truck-tractor-semitrailer-semitrailer
Sec. 190. "Truck-tractor-semitrailer-semitrailer" refers to a
combination of vehicles containing two (2) trailing units connected
with a B-train assembly.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-191
Ultimate purchaser
Sec. 191. "Ultimate purchaser" means the first person, other than
a dealer purchasing in the dealer's capacity as a dealer, who in good
faith purchases a motor vehicle for purposes other than resale.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-191.5
Uniform time standards manual
Sec. 191.5. "Uniform time standards manual", for purposes of
IC 9-23-3, has the meaning set forth in IC 9-23-3-0.5.
As added by P.L.78-2002, SEC.4.
IC 9-13-2-193
Urban district
Sec. 193. "Urban district" means the territory contiguous to and
including any street that is built up with structures devoted to
business, industry, or dwelling houses situated at intervals of less
than two hundred (200) feet for a distance of at least one-fourth (1/4)
mile.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-194
Used major component part
Sec. 194. "Used major component part" does not include a
remanufactured part.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-195
Used parts dealer
Sec. 195. "Used parts dealer" means a person who primarily buys,
sells, barters, exchanges, or deals in used major component parts.
The term does not include a scrap metal processor.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-196
Vehicle
Sec. 196. (a) "Vehicle" means, except as otherwise provided in
this section, a device in, upon, or by which a person or property is,
or may be, transported or drawn upon a highway.
(b) "Vehicle", for purposes of IC 9-14 through IC 9-18, does not
include the following:
(1) A device moved by human power.
(2) A vehicle that runs only on rails or tracks.
(3) A vehicle propelled by electric power obtained from
overhead trolley wires but not operated upon rails or tracks.
(4) A firetruck and apparatus owned by a person or municipal
division of the state and used for fire protection.
(5) A municipally owned ambulance.
(6) A police patrol wagon.
(7) A vehicle not designed for or employed in general highway
transportation of persons or property and occasionally operated
or moved over the highway, including the following:
(A) Road construction or maintenance machinery.
(B) A movable device designed, used, or maintained to alert
motorists of hazardous conditions on highways.
(C) Construction dust control machinery.
(D) Well boring apparatus.
IC 9-13-2-196.5
Veteran
Sec. 196.5. "Veteran", for purposes of IC 9-18-50, has the
meaning set forth in IC 9-18-50-1.
As added by P.L.58-2006, SEC.1.
IC 9-13-2-197
Violation
Sec. 197. "Violation", for purposes of IC 9-30-10, has the
meaning set forth in IC 9-30-10-3.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-198
Wagon
Sec. 198. Except as provided in section 60(a)(2) of this chapter,
"wagon" means a vehicle that is:
(1) without motive power;
(2) designed to be pulled by a motor vehicle;
(3) constructed so that no part of the weight of the wagon rests
upon the towing vehicle;
(4) equipped with a flexible tongue; and
(5) capable of being steered by the front two (2) wheels.
As added by P.L.2-1991, SEC.1. Amended by P.L.150-2009, SEC.4.
IC 9-13-2-198.5
Watercraft
Sec. 198.5. "Watercraft" means a contrivance used or designed for
navigation on water, including a vessel, boat, motor vessel, steam
vessel, sailboat, vessel operated by machinery either permanently or
temporarily affixed, scow, tugboat, or any marine equipment that is
capable of carrying passengers, except a ferry.
As added by P.L.71-1991, SEC.8.
IC 9-13-2-198.7
Waters of Indiana
Sec. 198.7. (a) "Waters of Indiana" means all waters within the
boundaries of Indiana.
(b) The term includes every lake, river, stream, canal, ditch, and
body of water owned or controlled by a public utility that is subject
to the jurisdiction of the state.
As added by P.L.71-1991, SEC.9.
IC 9-13-2-199
Wholesale dealer
Sec. 199. "Wholesale dealer" means a person who is engaged in
the business of buying or selling motor vehicles for resale to other
dealers, wholesale dealers, transfer dealers, or persons other than the
general public.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-200
Worksite
Sec. 200. "Worksite" means a location or area upon which:
(1) a public purpose construction or maintenance activity; or
(2) a private purpose construction or maintenance activity that
is authorized by a governmental agency;
is being performed on a highway. The term includes the lanes of a
highway leading up to the area upon which an activity described in
subdivision (1) or (2) is being performed, beginning at the point
where appropriate signs directing vehicles to merge from one (1) lane
into another lane are posted.
As added by P.L.2-1991, SEC.1. Amended by P.L.75-1999, SEC.1.
IC 9-13-2-201
Yard tractor
Sec. 201. "Yard tractor" refers to a tractor that is used to move
semitrailers around a terminal or a loading or spotting facility. The
term also refers to a tractor that is operated on a highway with a
permit issued under IC 6-6-4.1-13(f) if the tractor is ordinarily used
to move semitrailers around a terminal or spotting facility.
As added by P.L.88-1998, SEC.3. Amended by P.L.150-2001, SEC.3;
P.L.182-2009(ss), SEC.283.