ENGROSSED SENATE BILL No. 266 - Indiana General Assembly
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*ES0266.2*
Reprinted
March 1, 2018
ENGROSSED
SENATE BILL No. 266
_____
DIGEST OF SB 266 (Updated February 28, 2018 4:21 pm - DI 132)
Citations Affected: IC 9-18.1; IC 9-19; IC 9-21; IC 9-30.
Synopsis: Motor vehicle safety. Requires that a license plate must be
displayed in a horizontal and upright position that displays the
registration expiration year in the upper right corner. Requires that a
renewal sticker for a license plate must be securely affixed in the upper
right corner of the license plate covering the previous registration
expiration year. Provides that a trailer of less than 3,000 pounds gross
weight is not required to be equipped with brakes. Specifies that head
lamps on motor vehicles, motorcycles, and motor driven cycles may
display only white or amber light. Requires that motor vehicles except
for motorcycles, motor vehicles manufactured before January 1, 1956,
and motor driven cycles must be equipped with two stoplights.
Specifies that: (1) stop lamps on the rear of a vehicle must be red; and
(2) signal lamps on the rear of a vehicle must display only red or amber
light or any shade of color between red and amber. Specifies that
(Continued next page)
Effective: July 1, 2018.
Crider, Ruckelshaus, Niezgodski
(HOUSE SPONSORS — FRYE R, GOODIN)
January 3, 2018, read first time and referred to Committee on Homeland Security and
Transportation.
January 9, 2018, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
January 25, 2018, amended, reported favorably — Do Pass.
January 29, 2018, read second time, ordered engrossed. Engrossed.
January 30, 2018, read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
February 6, 2018, read first time and referred to Committee on Roads and Transportation.
February 22, 2018, reported — Do Pass.
February 26, 2018, read second time, ordered engrossed. Engrossed.
February 27, 2018, returned to second reading.
February 28, 2018, re-read second time, amended, ordered engrossed.
ES 266—LS 6770/DI 132Digest Continued signal lamps showing to the front of a vehicle must display only white or amber light or any shade of color between white and amber. Specifies that window treatments may not be applied below the AS-1 line. Provides that the program established by the Indiana state police for the inspection of equipment for private buses applies only to private buses designed or used to transport 15 or more passengers (including the driver). Specifies that the provision in current law prohibiting the bureau of motor vehicles from registering a private bus unless the private bus has an unexpired certificate indicating compliance with the inspection program for private buses applies only to private buses that are designed or used to transport more than 15 passengers (including the driver). Provides that exceeding an altered speed limit established by a local authority is a Class C infraction. Provides that exceeding a speed limit in a school zone is a Class B infraction. Provides that failing to maintain a minimum speed limit established by the department of transportation is a Class C infraction. Provides that exceeding an altered speed limit established by the department of transportation is a Class C infraction. Provides that a vehicle must be driven entirely within a marked lane. Provides that a plain clothes law enforcement officer in an unmarked police vehicle may make an arrest for a violation of: (1) reckless driving causing endangerment; (2) recklessly passing a stopped school bus resulting in bodily injury; and (3) operating a vehicle while intoxicated in a manner that endangers a person. ES 266—LS 6770/DI 132
Reprinted
March 1, 2018
Second Regular Session 120th General Assembly (2018)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2017 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 266
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-18.1-3-6, AS ADDED BY P.L.198-2016,
2 SECTION 326, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2018]: Sec. 6. The bureau may not register the
4 following vehicles:
5 (1) A vehicle that:
6 (A) is subject under rules adopted under air pollution control
7 laws (as defined in IC 13-11-2-6) to:
8 (i) inspection of vehicle air pollution control equipment; and
9 (ii) testing of emission characteristics; and
10 (B) has not been:
11 (i) inspected; and
12 (ii) certified by an inspection station under
13 IC 13-17-5-5.1(b) that the air pollution equipment is not in
14 a tampered condition and the vehicle meets air emission
15 control standards.
ES 266—LS 6770/DI 1322
1 (2) A motor vehicle that does not comply with applicable motor
2 vehicle equipment requirements under IC 9-19.
3 (3) A motor vehicle that does not comply with applicable
4 operational and equipment specifications described in 49 CFR
5 571.
6 (4) A private bus that is designed or used to transport more
7 than fifteen (15) passengers, including the driver, that does not
8 have an unexpired certificate indicating compliance with an
9 inspection program established under IC 9-19-22-3.
10 (5) A school bus or special purpose bus that does not have an
11 unexpired certificate of inspection under IC 20-27-7-3.
12 (6) A farm wagon.
13 (7) A farm tractor.
14 (8) A golf cart.
15 (9) An implement of agriculture designed to be operated primarily
16 in a farm field or on farm premises.
17 SECTION 2. IC 9-18.1-4-4, AS ADDED BY P.L.198-2016,
18 SECTION 326, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2018]: Sec. 4. (a) License plates, including
20 temporary license plates, shall be displayed as follows:
21 (1) For a tractor, a dump truck, or a truck with a rear-mounted
22 forklift or a mechanism to carry a rear-mounted forklift or
23 implement, upon the front of the vehicle.
24 (2) For every other vehicle, upon the rear of the vehicle.
25 (b) A license plate shall be:
26 (1) securely fastened, in a horizontal and upright position that
27 displays the registration expiration year in the upper right
28 corner, to the vehicle for which the plate is issued:
29 (A) to prevent the license plate from swinging;
30 (B) at a height of at least twelve (12) inches from the ground,
31 measuring from the bottom of the license plate; and
32 (C) in a place and position that are clearly visible;
33 (2) maintained free from foreign materials and in a condition to
34 be clearly legible; and
35 (3) not obstructed or obscured by tires, bumpers, accessories, or
36 other opaque objects.
37 (c) An interim license plate issued or used by a dealer licensed
38 under IC 9-32 or used by a manufacturer must be displayed:
39 (1) in the manner required under subsection (a) for the type of
40 vehicle on which the interim license plate is displayed; or
41 (2) in a location on the left side of a window that is:
42 (A) facing the rear of the motor vehicle; and
ES 266—LS 6770/DI 1323
1 (B) clearly visible and unobstructed.
2 A plate displayed under subdivision (2) must be affixed to the window
3 of the motor vehicle.
4 (d) Upon the renewal of a registration under this article, a
5 license plate other than a temporary license plate must display a
6 renewal sticker:
7 (1) that is securely affixed in the upper right corner of the
8 license plate; and
9 (2) that covers the previous registration expiration year.
10 (d) (e) A person that violates this section commits a Class C
11 infraction.
12 SECTION 3. IC 9-19-3-4, AS AMENDED BY P.L.221-2014,
13 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2018]: Sec. 4. (a) Except as provided in subsections (b)
15 through (c), a new motor vehicle, trailer, or semitrailer sold in Indiana
16 and operated upon the highways must be equipped with service brakes
17 upon all wheels of the vehicle.
18 (b) A semitrailer or trailer of less than three thousand (3,000)
19 pounds gross weight is not required to be equipped with brakes.
20 (c) A truck or truck-tractor having at least three (3) axles is not
21 required to have service brakes on the front wheels. If a truck or
22 truck-tractor is equipped with at least two (2) steerable axles, the
23 wheels of one (1) steerable axle are not required to have service brakes
24 although the truck or truck-tractor must be capable of complying with
25 the performance requirements of sections 7 through 8 of this chapter.
26 SECTION 4. IC 9-19-6-3, AS AMENDED BY P.L.221-2014,
27 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2018]: Sec. 3. (a) A motor vehicle other than a motorcycle or
29 motor driven cycle must be equipped with at least two (2) head lamps,
30 with at least one (1) of the head lamps on each side of the front of the
31 motor vehicle. The head lamps must comply with this chapter.
32 (b) Except as provided in subsection (c), a motorcycle and motor
33 driven cycle must be equipped with at least one (1) and not more than
34 two (2) head lamps that comply with this chapter.
35 (c) A motorcycle manufactured before January 1, 1956, is not
36 required to be equipped with a head lamp if the motorcycle is not
37 operated at the times when lighted head lamps and other illuminating
38 devices are required under IC 9-21-7-2.
39 (d) A head lamp upon a equipped on a motor vehicle as described
40 in subsection (a), including a motorcycle and motor driven cycle, must
41 be located at a height measured from the center of the head lamp of not
42 less than twenty-four (24) inches and not more than fifty-four (54)
ES 266—LS 6770/DI 1324
1 inches to be measured as set forth in section 2(b) of this chapter.
2 (e) A head lamp required by this section must display white or
3 amber light.
4 SECTION 5. IC 9-19-6-6, AS AMENDED BY P.L.221-2014,
5 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2018]: Sec. 6. (a) Except as provided in subsection (b), This
7 subsection does not apply to a motorcycle, motor vehicle
8 manufactured before January 1, 1956, or motor driven cycle. A
9 person may not:
10 (1) sell; or
11 (2) drive on the highways;
12 in Indiana a motor vehicle including a motorcycle or motor driven
13 cycle unless the vehicle is equipped with at least one (1) stoplight two
14 (2) stoplights meeting the requirements of section 17 of this chapter.
15 (b) Except as provided in subsection (c), a person may not:
16 (1) sell; or
17 (2) drive on highways;
18 in Indiana a motorcycle, motor vehicle manufactured before
19 January 1, 1956, or motor driven cycle unless the vehicle is
20 equipped with at least one (1) stoplight meeting the requirements
21 of section 17 of this chapter.
22 (b) (c) A motorcycle manufactured before January 1, 1956, is not
23 required to be equipped with a stoplight under subsection (a) (b) if the
24 motorcycle is not operated at the times when lighted head lamps and
25 other illuminating devices are required under IC 9-21-7-2.
26 (c) (d) This subsection does not apply to a motorcycle or motor
27 driven cycle. A person may not:
28 (1) sell;
29 (2) offer for sale; or
30 (3) operate on the highways;
31 a motor vehicle, trailer, or semitrailer registered in Indiana and
32 manufactured or assembled after January 1, 1956, unless the vehicle is
33 equipped with mechanical or electrical turn signals meeting the
34 requirements of section 17 of this chapter.
35 SECTION 6. IC 9-19-6-8 IS AMENDED TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2018]: Sec. 8. (a) A front clearance lamp,
37 marker lamp, and reflector mounted on the front or on the side near the
38 front of a vehicle must display or reflect an amber color.
39 (b) A rear clearance lamp, marker lamp, and reflector mounted on
40 the rear or on the sides near the rear of a vehicle must display or reflect
41 a red color.
42 (c) A lighting device and reflector mounted on the rear of a vehicle
ES 266—LS 6770/DI 1325
1 must display or reflect a red color. except as follows:
2 (1) The stoplight or other signal device may be red, amber, or
3 yellow.
4 (2) The light illuminating the license plate must be white.
5 (3) The light emitted by a back-up lamp must be white or amber.
6 SECTION 7. IC 9-19-6-17 IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 17. (a) A motor vehicle
8 may be equipped, and when required under this chapter must be
9 equipped, with a stop lamp or lamps on the rear of the vehicle that:
10 (1) displays only a red or an amber light, or any shade of color
11 between red and amber, light, visible from a distance of not less
12 than one hundred (100) feet to the rear in normal sunlight;
13 (2) will be actuated upon application of the service (foot) brake;
14 and
15 (3) may be incorporated with at least one (1) other rear lamp.
16 (b) A motor vehicle may be equipped and when required under this
17 chapter must be equipped with lamps or mechanical signal devices
18 showing to the front and rear for the purpose of indicating an intention
19 to turn either to the right or left. If lamps are used for this purpose, the
20 lamps showing to the front must be located on the same level and as
21 widely spaced laterally as practicable and when in use must display
22 only a white or an amber light, or any shade of color between white and
23 amber, visible from a distance of not less than one hundred (100) feet
24 to the front in normal sunlight. The lamps showing to the rear must be
25 located at the same level and as widely spaced laterally as practicable
26 and when in use must display only a red or an amber light, or any shade
27 of color between red and amber, visible from a distance of not less than
28 one hundred (100) feet to the rear in normal sunlight. When actuated
29 the lamps must indicate the intended direction of turning by flashing
30 the lights showing to the front and rear on the side toward which the
31 turn is made. If mechanical signal devices are used for this purpose, the
32 devices must be self-illuminated when in use at the times required by
33 IC 9-21-7-2.
34 (c) A stop lamp or signal lamp or device may not project a glaring
35 light.
36 (d) A lighting device mounted on the rear of the vehicle may not
37 display any color other than red except as follows:
38 (1) A signal lamp or device must be red or amber or any
39 shade of color between red and amber.
40 (2) The light illuminating the license plate must be white.
41 (3) The light emitted by a back-up lamp must be white or
42 amber.
ES 266—LS 6770/DI 1326
1 SECTION 8. IC 9-19-11-1, AS AMENDED BY P.L.198-2016,
2 SECTION 335, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2018]: Sec. 1. This chapter does not apply to a
4 person who operates any of the following vehicles:
5 (1) A school bus.
6 (2) A special purpose bus.
7 (2) (3) A taxicab.
8 (3) (4) A medical services vehicle.
9 (4) (5) A bus, motorcycle, motor driven cycle, passenger motor
10 vehicle or truck that was originally manufactured without a safety
11 belt as a part of the standard equipment installed by the
12 manufacturer at each designated seating position, before the
13 requirement of the installation of safety belts in the motor vehicle
14 according to the standards stated in the Federal Motor Vehicle
15 Safety Standard Number 208 (49 CFR 571.208).
16 (5) A motorcycle.
17 (6) A motor driven cycle.
18 (7) (6) A motor vehicle that is owned or leased by a governmental
19 unit and is being used in the performance of official law
20 enforcement duties.
21 (8) (7) A motor vehicle that is being used in an emergency.
22 (9) (8) A motor vehicle that is funeral equipment used in the
23 operation of funeral services when used in:
24 (A) a funeral procession;
25 (B) the return trip to a funeral home (as defined in
26 IC 25-15-2-15); or
27 (C) both the funeral procession and return trip.
28 (10) (9) This subdivision applies only while a TNC driver is
29 providing a prearranged ride to a TNC rider. A motor vehicle
30 used by a TNC driver to provide prearranged rides (as defined
31 in IC 8-2.1-17-13.5).
32 SECTION 9. IC 9-19-19-4, AS AMENDED BY P.L.217-2014,
33 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2018]: Sec. 4. (a) This section does not apply to a
35 manufacturer's tinting or glazing of motor vehicle windows or
36 windshields that is otherwise in compliance with or permitted by
37 FMVSS205 as promulgated in 49 CFR 571.205. Proof from the
38 manufacturer, supplier, or installer that the tinting or glazing is in
39 compliance with or permitted by FMVSS205 must be carried in the
40 vehicle.
41 (b) This section does not apply to the driver of a vehicle:
42 (1) that is owned by an individual required for medical reasons to
ES 266—LS 6770/DI 1327
1 be shielded from the direct rays of the sun; or
2 (2) in which an individual required for medical reasons to be
3 shielded from the direct rays of the sun is a habitual passenger.
4 The medical reasons must be attested to by a physician or optometrist
5 licensed to practice in Indiana, and the physician's or optometrist's
6 certification of that condition must be carried in the vehicle. The
7 physician's or optometrist's certificate must be renewed annually.
8 (c) A person may not drive a motor vehicle that has a:
9 (1) windshield;
10 (2) side wing;
11 (3) side window that is part of a front door; or
12 (4) rear back window;
13 that is covered by or treated with sunscreening material or is tinted with
14 material that has a total solar reflectance of visible light of more than
15 twenty-five percent (25%) as measured on the nonfilm side and light
16 transmittance of less than thirty percent (30%) in the visible light
17 range.
18 (d) Any treatment allowed under subsection (c) for a windshield
19 may:
20 (1) be applied only to the uppermost part of the windshield;
21 and
22 (2) extend no further than the AS-1 line.
23 (d) (e) A person may not tint or otherwise cover or treat with
24 sunscreening the parts of a vehicle described in subsection (c) or (d)
25 so that operation of the vehicle after the tinting or sunscreening is
26 performed is a violation of subsection (c) or (d). However, it is not a
27 violation of this chapter if this work is performed for a person who
28 submits a physician's or optometrist's statement as described in
29 subsection (b) to the person who is to perform the work.
30 (e) (f) A vehicle may be stopped to determine compliance with this
31 section. However, a vehicle, the contents of a vehicle, the driver of a
32 vehicle, or a passenger in a vehicle may not be inspected, searched, or
33 detained solely because of a violation of this section.
34 SECTION 10. IC 9-19-19-8 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 8. A person who
36 violates section 4(d) 4(e) of this chapter commits a Class A infraction.
37 SECTION 11. IC 9-19-22-1, AS ADDED BY P.L.160-2014,
38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2018]: Sec. 1. This chapter applies to a private bus that is:
40 (1) designed or used to transport more than fifteen (15)
41 passengers, including the driver; and
42 (2) registered or reregistered with the bureau after December 31,
ES 266—LS 6770/DI 1328
1 2015.
2 SECTION 12. IC 9-21-5-6, AS AMENDED BY P.L.188-2015,
3 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2018]: Sec. 6. (a) Except as provided in subsections (e) and
5 (f), whenever a local authority in the authority's jurisdiction determines
6 that the maximum speed permitted under this chapter is greater or less
7 than reasonable and safe under the conditions found to exist on a
8 highway or part of a highway, the local authority may determine and
9 declare a reasonable and safe maximum limit on the highway. The
10 maximum limit declared under this section may do any of the
11 following:
12 (1) Decrease the limit within urban districts, but not to less than
13 twenty (20) miles per hour.
14 (2) Increase the limit within an urban district, but not to more than
15 fifty-five (55) miles per hour during daytime and fifty (50) miles
16 per hour during nighttime.
17 (3) Decrease the limit outside an urban district, but not to less
18 than thirty (30) miles per hour.
19 (4) Decrease the limit in an alley, but to not less than five (5)
20 miles per hour.
21 (5) Increase the limit in an alley, but to not more than thirty (30)
22 miles per hour.
23 The local authority must perform an engineering and traffic
24 investigation before a determination may be made to change a speed
25 limit under subdivision (2), (3), (4), or (5) or before the speed limit
26 within an urban district may be decreased to less than twenty-five (25)
27 miles per hour under subdivision (1).
28 (b) Except as provided in subsection (f), a local authority in the
29 authority's jurisdiction shall determine by an engineering and traffic
30 investigation the proper maximum speed for all local streets and shall
31 declare a reasonable and safe maximum speed permitted under this
32 chapter for an urban district. However, an engineering and traffic study
33 is not required to be performed for the local streets in an urban district
34 under this subsection if the local authority determines that the proper
35 maximum speed in the urban district is not less than twenty-five (25)
36 miles per hour.
37 (c) An altered limit established under this section is effective at all
38 times or during hours of darkness or at other times as may be
39 determined when appropriate signs giving notice of the altered limit are
40 erected on the street or highway.
41 (d) Except as provided in this subsection, a local authority may not
42 alter a speed limit on a highway or extension of a highway in the state
ES 266—LS 6770/DI 1329
1 highway system. A city or town may establish speed limits on state
2 highways upon which a school is located. A person who violates the
3 speed limit in a reduced speed zone commits a Class B infraction.
4 However, a speed limit established under this subsection is valid only
5 if the following conditions exist:
6 (1) The limit is not less than twenty (20) miles per hour.
7 (2) The limit is imposed only in the immediate vicinity of the
8 school.
9 (3) Children are present.
10 (4) The speed zone is properly signed.There must be:
11 (A) a sign located:
12 (i) where the reduced speed zone begins; or
13 (ii) as near as practical to the point where the reduced speed
14 zone begins;
15 indicating the reduced speed limit; and
16 (B) a sign located at the end of the reduced speed zone
17 indicating:
18 (i) the speed limit for the section of highway that follows; or
19 (ii) the end of the reduced speed zone.
20 (5) The Indiana department of transportation has been notified of
21 the limit imposed by certified mail.
22 (e) A local authority may decrease a limit on a street to not less than
23 fifteen (15) miles per hour if the following conditions exist:
24 (1) The street is located within a park or playground established
25 under IC 36-10.
26 (2) The:
27 (A) board established under IC 36-10-3;
28 (B) board established under IC 36-10-4; or
29 (C) park authority established under IC 36-10-5;
30 requests the local authority to decrease the limit.
31 (3) The speed zone is properly signed.
32 (f) A city, town, or county may establish speed limits on a street or
33 highway upon which a school is located if the street or highway is
34 under the jurisdiction of the city, town, or county, respectively.
35 However, a speed limit established under this subsection is valid only
36 if the following conditions exist:
37 (1) The limit is not less than twenty (20) miles per hour.
38 (2) The limit is imposed only in the immediate vicinity of the
39 school.
40 (3) Children are present.
41 (4) The speed zone is properly signed. There must be:
42 (A) a sign located where the reduced speed zone begins or as
ES 266—LS 6770/DI 13210
1 near as practical to the point where the reduced speed zone
2 begins indicating the reduced speed limit and a sign located at
3 the end of the reduced speed zone indicating the end of the
4 reduced speed zone; and
5 (B) if the school operates on a twelve (12) month schedule, a
6 sign indicating that the school is an all year school.
7 (g) Except as provided in subsection (h), a person who exceeds
8 a speed limit established by a local authority under this section
9 commits a Class C infraction.
10 (h) A person who exceeds a speed limit that is established under
11 subsection (d) or (f) commits a Class B infraction.
12 SECTION 13. IC 9-21-5-8 IS AMENDED TO READ AS
13 FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 8. (a) Whenever the
14 Indiana department of transportation within the department's
15 jurisdiction or a local authority within the authority's jurisdiction
16 determines, based on an engineering and traffic investigation, that slow
17 speeds on a part of a highway consistently impede the normal and
18 reasonable movement of traffic, the Indiana department of
19 transportation or local authority may determine and declare a minimum
20 speed limit below which a person may not drive a vehicle except when
21 necessary for safe operation or in compliance with law. A limit
22 determined under this subsection and declared by appropriate
23 resolution, regulation, or ordinance becomes effective when
24 appropriate sign or signals giving notice of the limit of speed are
25 erected along the affected part of a highway.
26 (b) A person who fails to maintain a minimum speed limit
27 established under this section commits a Class C infraction.
28 SECTION 14. IC 9-21-5-12 IS AMENDED TO READ AS
29 FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 12. (a) Whenever the
30 Indiana department of transportation determines on the basis of an
31 engineering and traffic investigation that a maximum speed set forth in
32 this chapter is greater or less than is reasonable or safe under the
33 conditions found to exist at an intersection or other place or on part of
34 the state highway system, the Indiana department of transportation may
35 determine and declare a reasonable and safe maximum limit at the
36 intersection or on the part of the state highway system. The differing
37 limit is effective when appropriate signs giving notice of the limit are
38 erected.
39 (b) A maximum speed limit under this section may be declared to
40 be effective at all times or at times indicated on the signs. Differing
41 limits may be established for different times of day, different types of
42 vehicles, varying weather conditions, and other factors bearing on safe
ES 266—LS 6770/DI 13211
1 speeds. The differing limits are effective when posted on appropriate
2 fixed or variable signs.
3 (c) A person who exceeds a speed limit established under this
4 section commits a Class C infraction.
5 SECTION 15. IC 9-21-7-10 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 10. This section does
7 not apply to a vehicle required or authorized under this title to display
8 a red, red and white, or red and blue light that is visible from the front
9 of the vehicle. (a) Except as provided in subsection (b), a person may
10 not drive or move a vehicle or equipment upon a highway with a lamp
11 or device on the vehicle or equipment displaying a red, red and white,
12 or red and blue light other than white or amber visible from directly
13 in front of the center of the vehicle or equipment.
14 (b) This section does not apply to a vehicle required or
15 authorized under this title to display:
16 (1) a blue;
17 (2) a green;
18 (3) a red;
19 (4) a red and white; or
20 (5) a red and blue;
21 light that is visible from the front of the vehicle.
22 SECTION 16. IC 9-21-8-11 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 11. Whenever a
24 roadway has been divided into three (3) or more clearly marked lanes
25 for traffic, the following rules apply:
26 (1) A vehicle shall be driven as nearly as practicable entirely
27 within a single lane and may not be moved from the lane until the
28 person who drives the vehicle has first ascertained that the
29 movement can be made with safety.
30 (2) (1) Upon a roadway that is divided into three (3) lanes, a
31 vehicle may not be driven in the center lane except under any of
32 the following conditions:
33 (A) When overtaking and passing another vehicle where the
34 roadway is clearly visible and the center lane is clear of traffic
35 within a safe distance.
36 (B) In preparation for a left turn.
37 (C) Where the center lane is at the time allocated exclusively
38 to traffic moving in the direction the vehicle is proceeding and
39 is signposted to give notice of the allocation.
40 (3) (2) Official signs may be erected directing slow-moving traffic
41 to use a designated lane or allocating specified lanes to traffic
42 moving in the same direction. A person who drives a vehicle shall
ES 266—LS 6770/DI 13212
1 obey the directions of each sign.
2 SECTION 17. IC 9-21-8-11.5 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2018]: Sec. 11.5. Whenever a roadway has
5 been divided into two (2) or more clearly marked lanes for traffic,
6 a vehicle:
7 (1) shall be driven as nearly as practicable entirely between
8 the lines marking the single lane; and
9 (2) may not be moved from the lane until the person who
10 drives the vehicle has first ascertained that the movement can
11 be made with safety.
12 SECTION 18. IC 9-30-2-2, AS AMENDED BY P.L.198-2016,
13 SECTION 592, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2018]: Sec. 2. (a) Except as provided in
15 subsection (b), a law enforcement officer may not arrest or issue a
16 traffic information and summons to a person for a violation of an
17 Indiana law regulating the use and operation of a motor vehicle on a
18 highway or an ordinance of a city or town regulating the use and
19 operation of a motor vehicle on a highway unless at the time of the
20 arrest the officer is:
21 (1) wearing a distinctive uniform and a badge of authority; or
22 (2) operating a motor vehicle that is clearly marked as a police
23 vehicle;
24 that will clearly show the officer or the officer's vehicle to casual
25 observations to be an officer or a police vehicle.
26 (b) This section Subsection (a) does not apply to an officer in an
27 unmarked police vehicle making an arrest or issuing a traffic
28 information and summons:
29 (1) when there is a uniformed officer present at the time of the
30 arrest; or
31 (2) for a violation of one (1) or more of the following:
32 (A) IC 9-21-8-52(a)(1)(A) (reckless driving causing
33 endangerment).
34 (B) IC 9-21-8-52(b) as a Class A misdemeanor (recklessly
35 passing a stopped school bus resulting in bodily injury).
36 (C) IC 9-30-5-2(b) as a Class A misdemeanor (operating
37 while intoxicated in a manner that endangers a person).
ES 266—LS 6770/DI 13213
COMMITTEE REPORT
Madam President: The Senate Committee on Homeland Security
and Transportation, to which was referred Senate Bill No. 266, has had
the same under consideration and begs leave to report the same back
to the Senate with the recommendation that said bill DO PASS and be
reassigned to the Senate Committee on Appropriations.
(Reference is to SB 266 as introduced.)
CRIDER, Chairperson
Committee Vote: Yeas 9, Nays 0
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Senate Bill No. 266, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 9-18.1-3-6, AS ADDED BY P.L.198-2016,
SECTION 326, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2018]: Sec. 6. The bureau may not register the
following vehicles:
(1) A vehicle that:
(A) is subject under rules adopted under air pollution control
laws (as defined in IC 13-11-2-6) to:
(i) inspection of vehicle air pollution control equipment; and
(ii) testing of emission characteristics; and
(B) has not been:
(i) inspected; and
(ii) certified by an inspection station under
IC 13-17-5-5.1(b) that the air pollution equipment is not in
a tampered condition and the vehicle meets air emission
control standards.
(2) A motor vehicle that does not comply with applicable motor
vehicle equipment requirements under IC 9-19.
(3) A motor vehicle that does not comply with applicable
operational and equipment specifications described in 49 CFR
571.
(4) A private bus that is designed or used to transport more
ES 266—LS 6770/DI 13214
than fifteen (15) passengers, including the driver, that does not
have an unexpired certificate indicating compliance with an
inspection program established under IC 9-19-22-3.
(5) A school bus or special purpose bus that does not have an
unexpired certificate of inspection under IC 20-27-7-3.
(6) A farm wagon.
(7) A farm tractor.
(8) A golf cart.
(9) An implement of agriculture designed to be operated primarily
in a farm field or on farm premises.".
Page 1, line 10, after "horizontal" insert "and upright".
Page 3, line 9, delete "(a)," and insert "(a),".
Page 4, between lines 1 and 2, begin a new paragraph and insert:
"SECTION 6. IC 9-19-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 8. (a) A front clearance
lamp, marker lamp, and reflector mounted on the front or on the side
near the front of a vehicle must display or reflect an amber color.
(b) A rear clearance lamp, marker lamp, and reflector mounted on
the rear or on the sides near the rear of a vehicle must display or reflect
a red color.
(c) A lighting device and reflector mounted on the rear of a vehicle
must display or reflect a red color. except as follows:
(1) The stoplight or other signal device may be red, amber, or
yellow.
(2) The light illuminating the license plate must be white.
(3) The light emitted by a back-up lamp must be white or amber.".
Page 4, line 6, strike "or an amber light, or any shade of color".
Page 4, line 7, strike "between red and amber," and insert "light,".
Page 4, delete lines 32 through 33, begin a new paragraph and
insert:
"(d) A lighting device mounted on the rear of the vehicle may
not display any color other than red except as follows:
(1) A signal lamp or device must be red or amber or any
shade of color between red and amber.
(2) The light illuminating the license plate must be white.
(3) The light emitted by a back-up lamp must be white or
amber.".
Page 12, line 6, delete "IC 9-21-8-52" and insert "IC 9-21-8-52(b)".
Page 12, line 9, delete "IC 9-30-5-2" and insert "IC 9-30-5-2(b)".
ES 266—LS 6770/DI 13215
Page 12, line 10, delete "intoxicated)." and insert "intoxicated in a
manner that endangers a person).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 266 as printed January 10, 2018.)
MISHLER, Chairperson
Committee Vote: Yeas 10, Nays 1.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Roads and Transportation, to
which was referred Senate Bill 266, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to SB 266 as printed January 26, 2018.)
SOLIDAY
Committee Vote: Yeas 10, Nays 0
_____
HOUSE MOTION
Mr. Speaker: I move that Senate Bill 266 be returned to the second
reading calendar forthwith for the purpose of amendment.
FRYE R
_____
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 266 be amended to
read as follows:
Page 4, line 7, delete "motorcycle" and insert "motorcycle, motor
vehicle manufactured before January 1, 1956,".
Page 4, line 17, delete "motorcycle" and insert "motorcycle, motor
vehicle manufactured before January 1, 1956,".
Page 12, delete lines 10 through 33.
ES 266—LS 6770/DI 13216
Page 13, line 6, after "officer" insert "in an unmarked police
vehicle".
Page 13, line 13, delete "reckless".
Page 13, line 14, delete "driving or".
(Reference is to ESB 266 as printed February 23, 2018.)
FRYE R
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