Traffic Law

April 20, 2010 | Category: Traffic

Commercial driver’s licenses and commercial motor vehicles
S.E.A. 74, P.L. 9-2010
Effective March 12, 2010 (§ 1-3, 16); July 1, 2010 (§ 4-15)
Exempts certain intrastate commerce vehicles from IC 8-2.1-24-3.  Amends references to the Code of Federal Regulations regarding commercial drivers and links certain penalties to the Code of Federal Regulations.  Amends provisions of IC 9-13 to include specific definitions for “alcohol,” “controlled substance,” “conviction,” “motor vehicle” and “vehicle.”  Amends provisions of IC 9-24 to define “alcohol.”  Provides that serious traffic violations include operating a CMV without obtaining a CDL, operating a CMV with CDL in possession, and operating CMV without holding the proper class or endorsement on CDL, and provides that serious traffic violations can be committed while holding any class of CDL, not just while driving a CMV.  Provides that disqualifying offenses can be committed while holding any class of CDL, not just while driving a CMV.  Amends the class C misdemeanor provision for a person who knowingly allows, requires, permits, or authorizes another person to drive a CMV to include the period during which the other person is disqualified from driving a CMV, or the driver, CMV, or motor carrier operation is subject to an out-of-service order.

Motor vehicle offenses
S.E.A. 170, P.L. 102-2010
Effective July 1, 2010
Provides that a person who causes the death of a law enforcement animal when operating a motor vehicle while intoxicated commits a Class D felony.  Provides that a person who resists law enforcement and operates a motor vehicle in a manner that causes the death of a law enforcement officer commits a Class A felony.

Conditions of hardship licenses
S.E.A. 221, P.L. 28-2010
Effective July 1, 2010
Requires a court to impose reasonable monitoring requirements on a person who is issued a restricted driving permit if the person is a habitual traffic violator, and requires a court to impose certain conditions on habitual traffic violators.  Provides that a judgment, for purposes of the habitual traffic violator law, includes a judgment from another jurisdiction in which the elements of the offense are substantially similar to the elements of the offense in Indiana.  Provides that a person who operates a vehicle or motorized bicycle in violation of a restricted license commits a Class A misdemeanor.

Bodily substance samples
S.E.A. 342, P.L. 36-2010
Effective March 12, 2010
Amends IC 9-30-6-6(j), an implied consent provision, in response to Brown v. State, 911 N.E.2d 668 (Ind. Ct. App. 2009), vacated by 919 N.E.2d 560 (Ind. Dec. 17, 2009).  The amended provision removes a certified phlebotomist from the list of health care professionals authorized to take bodily substance samples and adds language providing that “[t]his subsection does not apply to a bodily substance sample taken at a licensed hospital (as defined in IC 16-18-2-179(a) and IC 16-18-2-179(b).”

Fines for moving violations
S.E.A. 399, P.L. 106-2010
Effective July 1, 2010 (§ 1-7, 9-18); January 1, 2011 (§ 8)
Amends IC 34-28-5-4 to provide that a person who admitted a moving violation constituting a class C infraction, or has been found by the court to have committed a moving violation constituting a class C infraction may not be required to pay a judgment exceeding $35.50 plus court costs, if the person mails or delivers the admission or plea of nolo contendere before the appearance date specified in the summons and complaint, or the person admits or pleads nolo contendere on the appearance date specified in the summons and complaint.  If the person contests the violation and is found in court to have committed the violation, the person may not be required to pay: (1) a judgment exceeding $35.50 plus court costs if in the five years before the appearance date, the person was not found by a court in the county to have committed a moving violation, (2) a judgment exceeding $250.50 if in the five years before the appearance date, the person was found by a court in the county to have committed one moving violation; (3) a judgment exceeding $500 if in the five years before the appearance date, the person was found by a court in the county to have committed two or more moving violations.  In a proceeding to contest a moving violation, the court may require the person to submit an affidavit or sworn testimony concerning whether, in the five years before the appearance date, the person was found by a court to have committed one or more moving violations.  Provides that the amounts above are in addition to any amount a person is required to pay for a defensive driving school program.  Provides a subsection for only Marion County that requires Marion County to impose a judgment of not less than $35 and these funds are to be transferred to the dedicated fund as provided for in IC 34-28-5-5.  Provides that court costs referenced in IC 9-22-3-7.5, 9-24-15-5, 9-30-10-7, 9-30-3-12, 33-37-1-3, 34-6-2-30.5 (new section), 35-33.5-5-4, 35-33-8.5-11, 35-38-2-3, and 35-38-3-2, 35-38-4-6, 35-41-2-3, 35-42-3.5-3, 35-45-13-8, and 35-50-5-4 include fees.

Other bills of interest:

Traffic signal and railroad crossing matters
S.E.A. 73, P.L. 8-2010
Effective July 1, 2010

Yield when approaching certain vehicles
S.E.A. 93, P.L. 14-2010
Effective July 1, 2010

Transportation of radioactive materials
S.E.A. 186, P.L. 26-2010
Effective July 1, 2010

Motor vehicles
S.E.A. 400, P.L. 86-2010
Effective July 1, 2010

Various motor vehicle matters
H.E.A. 1084, P.L. 65-2010
Effective March 17, 2010 (§ 7); July 1, 2010 (§ 1-6)