CHAPTER 1. OFF-ROAD VEHICLES
IC 14-16
ARTICLE 16. REGULATION OF LANDRECREATION
IC 14-16-1
Chapter 1. Off-Road Vehicles
IC 14-16-1-1
Legislative intent
Sec. 1. It is the general intent and purpose of the general assemblyin enacting this chapter to promote:
(1) safety for persons and property;
(2) responsible enjoyment in and connected with the use andoperation of off-road vehicles and snowmobiles; and
(3) understanding consistent with the rights of all the citizens ofIndiana.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.35.
IC 14-16-1-1.5
"Alcoholic beverage" defined
Sec. 1.5. As used in this chapter, "alcoholic beverage" has themeaning set forth in IC 7.1-1-3-5.
As added by P.L.219-2005, SEC.16.
IC 14-16-1-1.8
"Collector snowmobile" defined
Sec. 1.8. As used in this chapter, "collector snowmobile" meansa snowmobile that is:
(1) at least twenty-five (25) years old; and
(2) owned and operated as a collector snowmobile forparticipation in special events of limited duration, includingraces, parades, and other group events.
As added by P.L.86-2010, SEC.5.
IC 14-16-1-2
"Dealer" defined
Sec. 2. As used in this chapter, "dealer" means a person engagedin the commercial sale of off-road vehicles or snowmobiles.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.36.
IC 14-16-1-3
Repealed
(Repealed by P.L.225-2005, SEC.25.)
IC 14-16-1-4
"Operate" defined
Sec. 4. As used in this chapter, "operate" means to:
(1) ride in or on; and
(2) be in actual physical control of the operation of;
a vehicle.As added by P.L.1-1995, SEC.9. Amended by P.L.225-2005, SEC.11.
IC 14-16-1-5
"Operator" defined
Sec. 5. As used in this chapter, "operator" means an individualwho:
(1) operates; or
(2) is in actual physical control of;
an off-road vehicle or a snowmobile.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.38.
IC 14-16-1-6
"Owner" defined
Sec. 6. As used in this chapter, "owner" means a person, otherthan a lienholder, who:
(1) has the property in or title to; and
(2) is entitled to the use or possession of;
an off-road vehicle or a snowmobile.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.39.
IC 14-16-1-7
"Vehicle" defined
Sec. 7. As used in this chapter, "vehicle" refers to an off-roadvehicle or a snowmobile.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.40.
IC 14-16-1-8
Registration; requirement; exemptions
Sec. 8. (a) Except as otherwise provided, the following may notbe operated on public property unless registered:
(1) An off-road vehicle.
(2) A snowmobile (including a collector snowmobile).
(b) Except as provided under subsection (c), the following mustbe registered under this chapter:
(1) A vehicle that is purchased after December 31, 2003.
(2) A collector snowmobile.
(c) Registration is not required for the following vehicles:
(1) An off-road vehicle that is exclusively operated in a specialevent of limited duration that is conducted according to aprearranged schedule under a permit from the governmentalunit having jurisdiction.
(2) A vehicle being operated by a nonresident of Indiana asauthorized under section 19 of this chapter.
(3) A vehicle being operated for purposes of testing ordemonstration with temporary placement of numbers as setforth in section 16 of this chapter.
(4) A vehicle the operator of which has in the operator'spossession a bill of sale from a dealer or private individual thatincludes the following:
(A) The purchaser's name and address. (B) A date of purchase that is not more than thirty-one (31)days preceding the date that the operator is required to showthe bill of sale.
(C) The make, model, and vehicle number of the vehicleprovided by the manufacturer as required by section 13 ofthis chapter.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.41;P.L.225-2005, SEC.12; P.L.86-2010, SEC.6.
IC 14-16-1-9
Registration; application, issuance, and certificate
Sec. 9. (a) The owner of each vehicle required to be registeredunder this chapter must do the following every three (3) years:
(1) File an application for registration with the department onforms provided by the department.
(2) Sign the application.
(3) If the off-road vehicle is purchased after December 31,2003, include a copy of the bill of sale.
(4) Include a signed affidavit in which the applicant swears oraffirms that the information set forth in the application by theapplicant is correct.
(5) Pay a fee of thirty dollars ($30).
(b) Upon receipt of an application in approved form, thedepartment shall enter the application upon the department's recordsand issue to the applicant the following:
(1) A certificate of registration containing the following:
(A) The number awarded to the vehicle.
(B) The name and address of the owner.
(C) Other information that the department considersnecessary.
(2) Two (2) decals indicating the vehicle's registration numberand the year in which the registration will expire that must beattached to the vehicle as provided in section 11.5 of thischapter.
(c) A certificate of registration must:
(1) be pocket size;
(2) accompany the vehicle; and
(3) be made available for inspection upon demand by a lawenforcement officer.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.42.
IC 14-16-1-9.5
Registration; certificate of title for off-road vehicle
Sec. 9.5. Registration under this chapter does not relieve an ownerof an off-road vehicle from any requirement to obtain a certificate oftitle for the off-road vehicle under IC 9-17-2.
As added by P.L.219-2005, SEC.17.
IC 14-16-1-10
Use of revenues Sec. 10. The revenues obtained under this chapter shall bedeposited into the off-road vehicle and snowmobile fund underIC 14-16-1-30.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.43.
IC 14-16-1-11
Display of registration decals; registration expiration
Sec. 11. (a) The department may adopt rules for the size andplacement of registration decals upon vehicles.
(b) Not earlier than ninety (90) days before the expiration date ofa certificate, a registration renewal decal or other device may beissued indicating that the certificate of registration is in full force andeffect. The department shall adopt rules under IC 4-22-2 prescribingthe display of the decal or other device.
(c) An initial certificate of registration and a renewal of acertificate awarded under this chapter expires three (3) years fromthe date of purchase of the certificate unless the certificate iscanceled.
(d) The department may:
(1) award a certificate of number directly; or
(2) authorize a person to act as the department's agent for theawarding.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.44.
IC 14-16-1-11.5
Decal placement; decal replacement
Sec. 11.5. (a) The owner of a vehicle shall attach the decals issuedunder section 9 of this chapter on the forward half of the vehicle. Alldecals shall be maintained in a legible condition and displayed onlyfor the period for which the registration is valid.
(b) If a registration decal is lost or destroyed, the owner mayapply for a duplicate on forms provided by the department. Anapplication submitted under this subsection must be accompanied bya fee established by the department for each decal. Upon receipt ofa proper application and the required fee, the department shall issuea duplicate registration decal to the owner.
As added by P.L.186-2003, SEC.45.
IC 14-16-1-12
Public records
Sec. 12. Records of the department made or kept under thischapter are public records except as otherwise provided.
As added by P.L.1-1995, SEC.9.
IC 14-16-1-13
Vehicle number
Sec. 13. A manufacturer of a vehicle shall stamp into the frame ofthe vehicle the vehicle number, which is an identifying numberunique to the vehicle. The number shall be stamped where thenumber is easily visible with a minimum of physical effort. A
manufacturer shall furnish to a requesting police agency or thedepartment information as to the location of vehicle numbers onvehicles the manufacturer produces. The vehicle number shall beprinted on the registration certificate issued by the department to thevehicle owner.
As added by P.L.1-1995, SEC.9.
IC 14-16-1-14
Surrender and transfer of certificate
Sec. 14. (a) The owner of a vehicle required to be registered underthis chapter shall notify the department within fifteen (15) days ifany of the following conditions exist:
(1) The vehicle is destroyed or abandoned.
(2) The vehicle is sold or an interest in the vehicle is transferredwholly or in part to another person.
(3) The owner's address no longer conforms to the addressappearing on the certificate of registration.
(b) The notice must consist of a surrender of the certificate ofregistration on which the proper information shall be noted on aplace to be provided.
(c) If the surrender of the certificate is required because thevehicle is destroyed or abandoned, the department shall cancel thecertificate and enter that fact in the records. The number then may bereassigned.
(d) If the surrender is required because of a change of address onthe part of the owner, the department shall record the new address.Upon payment of a fee established by the commission, a certificateof registration bearing the new information shall be returned to theowner.
(e) The transferee of a vehicle registered under this chapter shall,within fifteen (15) days after acquiring the vehicle, make applicationto the department for transfer to the transferee of the certificate ofregistration issued to the vehicle. The transferee shall provide thetransferee's name and address and the number of the vehicle and payto the department a fee established by the department. Upon receiptof the application and fee, the department shall transfer thecertificate of registration issued for the vehicle to the new owner.Unless the application is made and the fee paid within fifteen (15)days, the vehicle is considered to be without a certificate ofregistration and a person may not operate the vehicle until acertificate is issued.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.46;P.L.246-2005, SEC.117.
IC 14-16-1-15
Duplicate certificates
Sec. 15. If a certificate of registration is lost, mutilated, orillegible, the owner of the vehicle may obtain a duplicate of thecertificate upon application and payment of a fee established by thecommission.As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.47;P.L.246-2005, SEC.118.
IC 14-16-1-16
Certificates for testing or demonstrating vehicles
Sec. 16. (a) A dealer or manufacturer may obtain certificates ofregistration for use in the testing or demonstrating of vehicles uponthe following:
(1) Application to the department upon forms provided by thedepartment.
(2) Payment of a fee established by the department for each ofthe first two (2) registration certificates. Additional certificatesthat the dealer requires may be issued for a fee established bythe commission.
(b) An applicant may use a certificate issued under this sectiononly in the testing or demonstrating of vehicles by temporaryplacement of the numbers on the vehicle being tested ordemonstrated. A certificate issued under this section may be used ononly one (1) vehicle at any given time. The temporary placement ofnumbers must conform to the requirements of this chapter or rulesadopted under this chapter.
(c) A certificate issued under this section is valid for three (3)years.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.48;P.L.246-2005, SEC.119.
IC 14-16-1-17
Altered vehicle numbers prohibited
Sec. 17. A person may not possess a vehicle with an altered,defaced, or obliterated vehicle number.
As added by P.L.1-1995, SEC.9.
IC 14-16-1-18
Duties of dealers
Sec. 18. (a) A dealer shall maintain in safe operating condition allvehicles rented, leased, or furnished by the dealer. The dealer or thedealer's agents or employees shall explain the operation of a vehiclebeing rented, leased, or furnished. If the dealer or the dealer's agentor employee believes the person to whom the vehicle is to be rented,leased, or furnished is not competent to operate the vehicle withsafety to the person or others, the dealer or the dealer's agent oremployee shall refuse to rent, lease, or furnish the vehicle.
(b) A dealer renting, leasing, or furnishing a vehicle shall carry apolicy of liability insurance subject to minimum limits, exclusive ofinterest and costs, with respect to the vehicle as follows:
(1) Twenty thousand dollars ($20,000) for bodily injury to ordeath of one (1) person in any one (1) accident.
(2) Subject to the limit for one (1) person, forty thousanddollars ($40,000) for bodily injury to or death of at least two (2)persons in any one (1) accident. (3) Ten thousand dollars ($10,000) for injury to or destructionof property of others in any one (1) accident.
(c) In the alternative, a dealer may demand and must be shownproof that the person renting, leasing, or being furnished a vehiclecarries a liability policy of at least the type and coverage specified insubsection (b).
(d) A dealer:
(1) shall prepare an application for a certificate of title asrequired by IC 9-17-2-1.5 for a purchaser of an off-road vehicleand shall submit the application for the certificate of title in theformat required by IC 9-17-2-2 to the bureau of motor vehicles;and
(2) may charge a processing fee for this service that may notexceed ten dollars ($10).
(e) This subsection does not apply to an off-road vehicle that is atleast five (5) model years old. After January 1, 2008, a dealer maynot have on its premise an off-road vehicle that does not have acertificate of:
(1) origin from its manufacturer; or
(2) title issued by;
(A) the bureau of motor vehicles or its equivalent in anotherstate; or
(B) a foreign country.
As added by P.L.1-1995, SEC.9. Amended by P.L.219-2005, SEC.18.
IC 14-16-1-19
Vehicles registered in foreign nation or state
Sec. 19. A vehicle registered in another state or country to anonresident of Indiana may be operated within Indiana underauthority of the registration for a period not to exceed twenty (20)days in one (1) year.
As added by P.L.1-1995, SEC.9.
IC 14-16-1-20
Operation on highways and roads
Sec. 20. (a) An individual may not operate a vehicle required tobe registered under this chapter upon a public highway, street, orrights-of-way thereof or on a public or private parking lot notspecifically designated for the use of vehicles, except under thefollowing conditions:
(1) A vehicle may be operated on the public right-of-wayadjacent to the traveled part of the public highway, except alimited access highway, if there is sufficient width to operate ata reasonable distance off and away from the traveled part andin a manner so as not to endanger life or property.
(2) The operator of a vehicle may cross a public highway, otherthan a limited access highway, at right angles for the purpose ofgetting from one (1) area to another when the operation can bedone in safety. The operator shall bring the vehicle to acomplete stop before proceeding across a public highway and
shall yield the right-of-way to all traffic.
(3) Notwithstanding this section, a vehicle may be operated ona highway in a county road system outside the corporate limitsof a city or town if the highway is designated for this purposeby the county highway department having jurisdiction.
(4) A law enforcement officer of a city, town, or county or thestate may authorize use of a vehicle on the public highways,streets, and rights-of-way within the officer's jurisdiction duringemergencies when conventional motor vehicles cannot be usedfor transportation due to snow or other extreme highwayconditions.
(5) A vehicle may be operated on a street or highway for aspecial event of limited duration conducted according to aprearranged schedule only under permit from the governmentalunit having jurisdiction. The event may be conducted on thefrozen surface of public waters only under permit from thedepartment.
(b) An individual less than fourteen (14) years of age may notoperate a vehicle without immediate supervision of an individual atleast eighteen (18) years of age, except on land owned or under thecontrol of the individual or the individual's parent or legal guardian.
(c) An individual may not operate a vehicle on a public highwaywithout a valid motor vehicle driver's license.
(d) A vehicle may not be used to hunt, pursue, worry, or kill awild bird or a domestic or wild animal.
As added by P.L.1-1995, SEC.9.
IC 14-16-1-21
Lights and brakes
Sec. 21. (a) A vehicle may not be operated between sunset andsunrise unless the vehicle has at least one (1) headlight and one (1)taillight.
(b) A vehicle may not be operated at any time unless the vehiclehas adequate brakes capable of producing deceleration at fourteen(14) feet a second on level ground at a speed of twenty (20) miles perhour.
As added by P.L.1-1995, SEC.9. Amended by P.L.14-1998, SEC.2.
IC 14-16-1-22
Local ordinances
Sec. 22. A county, city, or town may pass an ordinance regulatingthe operation of vehicles if the ordinance meets substantially theminimum requirements of this chapter. However, a county, city, ortown may not adopt an ordinance that does any of the following:
(1) Imposes a fee for a license.
(2) Specifies accessory equipment to be carried on the vehicles.
(3) Requires a vehicle operator to possess a driver's licenseissued under IC 9-24-11 while operating an off-road vehicle orsnowmobile.
(4) Imposes a dry weight limitation of less than two thousand
(2,000) pounds.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.49;P.L.86-2010, SEC.7.
IC 14-16-1-23
Restrictions on operation
Sec. 23. (a) An individual shall not operate a vehicle under any ofthe following conditions:
(1) At a rate of speed greater than is reasonable and properhaving due regard for existing conditions or in a manner thatunnecessarily endangers the person or property of another.
(2) While:
(A) under the influence of an alcoholic beverage; or
(B) unlawfully under the influence of a narcotic or otherhabit forming or dangerous depressant or stimulant drug.
(3) During the hours from thirty (30) minutes after sunset tothirty (30) minutes before sunrise without displaying a lightedheadlight and a lighted taillight.
(4) In a forest nursery, a planting area, or public land posted orreasonably identified as an area of forest or plant reproductionand when growing stock may be damaged.
(5) On the frozen surface of public waters within:
(A) one hundred (100) feet of an individual not in or upon avehicle; or
(B) one hundred (100) feet of a fishing shanty or shelter;
except at a speed of not more than five (5) miles per hour.
(6) Unless the vehicle is equipped with a muffler in goodworking order and in constant operation to prevent excessive orunusual noise and annoying smoke.
(7) Within one hundred (100) feet of a dwelling betweenmidnight and 6:00 a.m., except on the individual's own propertyor property under the individual's control or as an invited guest.
(8) On any property without the consent of the landowner ortenant.
(9) While transporting on or in the vehicle a firearm unless thefirearm is:
(A) unloaded; and
(B) securely encased or equipped with and made inoperativeby a manufactured keylocked trigger housing mechanism.
(10) On or across a cemetery or burial ground.
(11) Within one hundred (100) feet of a slide, ski, or skatingarea, except for the purpose of servicing the area.
(12) On a railroad track or railroad right-of-way, except railroadpersonnel in the performance of duties.
(13) In or upon a flowing river, stream, or creek, except for thepurpose of crossing by the shortest possible route, unless theriver, stream, or creek is of sufficient water depth to permitmovement by flotation of the vehicle at all times.
(14) An individual shall not operate a vehicle while a bow ispresent in or on the vehicle if the nock of an arrow is in position
on the string of the bow.
(b) Subsection (a)(9) does not apply to a person who is carryinga handgun if the person:
(1) has been issued an unlimited handgun license to carry ahandgun under IC 35-47-2; or
(2) is not required to possess a license to carry a handgun underIC 35-47-2-2.
As added by P.L.1-1995, SEC.9. Amended by P.L.181-1995, SEC.2;P.L.186-2003, SEC.50; P.L.219-2005, SEC.19.
IC 14-16-1-24
Duties in case of accident
Sec. 24. (a) The operator of a vehicle involved in an accidentresulting in serious bodily injury to or death of an individual orproperty damage in an estimated amount of at least seven hundredfifty dollars ($750) shall immediately, by the quickest means ofcommunication, notify at least one (1) of the following:
(1) A state police officer or conservation officer.
(2) The sheriff's office of the county where the accidentoccurred.
(3) The office of the police department of the municipalitywhere the accident occurred.
(b) The police agency receiving the notice shall do the following:
(1) Complete a report of the accident on forms prescribed by thedirector.
(2) Forward the report to the director.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.51.
IC 14-16-1-25
Enforcement powers
Sec. 25. (a) All law enforcement officers in Indiana shall enforcethis chapter.
(b) The attorney general and prosecuting attorneys haveconcurrent power to approve, file, and prosecute an affidavitcharging a violation of this chapter.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.52.
IC 14-16-1-26
Duties of department; trail land purchases
Sec. 26. (a) The department shall do the following:
(1) Prescribe the form of accident reports and registrationcertificates and the form of application for the certificates.
(2) Conduct a campaign of education with respect to safety inthe operation of vehicles in connection with the use andenjoyment of the public and private land of Indiana and withrespect to Indiana laws relating to vehicles.
(3) Construct and maintain vehicle trails on public and privateland consistent with the intent of this chapter.
(b) Notwithstanding any other law, the department may purchaseland for off-road vehicle and snowmobile trails only from a willing
seller of the land.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.53.
IC 14-16-1-27
Operation on public property
Sec. 27. An individual may not operate a vehicle:
(1) on public property without the consent of the state or anagency of the state; or
(2) in a United States forest without the consent of the UnitedStates Forest Service.
As added by P.L.1-1995, SEC.9.
IC 14-16-1-28
Duties of landowners and tenants
Sec. 28. (a) Except as provided in subsection (e), landowners andtenants of land do not owe a duty of care to do any of the following:
(1) Keep their premises safe for entry or use by personsoperating, using, or riding in vehicles for recreational purposes.
(2) Give a warning of a dangerous condition, use, structure, oractivity on their premises to such persons.
(b) Except as provided in subsection (d), a landowner or tenantwho invites or permits a person to operate, use, or ride in a vehiclefor recreational purposes on the landowner's or tenant's property doesnot do any of the following:
(1) Make any representation or extend any assurances that thepremises are safe for any purpose.
(2) Confer upon the person the legal status of invitee or licenseeto whom a duty of care is owed.
(3) Assume responsibility for or incur liability for any injury toa person or property caused by an act or omission of the person.
(c) Unless otherwise agreed in writing, this section is consideredapplicable to the duties and liabilities of:
(1) an owner of land leased to; or
(2) the owner of an interest or a right in land transferred to orthe subject of an agreement with;
the United States or an agency or a subdivision of the United Statesor the state or an agency or a subdivision of the state.
(d) This section does not do the following:
(1) Limit in any way any liability that otherwise exists.
(2) Apply to the following:
(A) Willful or malicious failure to guard or warn against adangerous condition, use, structure, or activity.
(B) Deliberate, willful, or malicious injury to a person orproperty.
(C) Injury suffered in any case where the owner of land ortenant charges a fee or admission charge or other valuableconsideration to a person who enters or uses the land with avehicle for the purpose of using the vehicle for recreationalpurposes.
However, if land or an interest or a right in land is leased or
transferred to or the subject of an agreement with the United Statesor an agency or a subdivision of the United States or to the state oran agency or subdivision of the state, any consideration received bythe holder of the lease, interest, right, or agreement is not considereda charge under this section.
(e) This section does not do any of the following:
(1) Create or increase a duty of care or ground of liability forinjury to a person or property.
(2) Relieve a person using a vehicle for recreational purposesupon the land of another from an obligation that the person mayhave in the absence of this section to exercise care in the use ofthe land and the person's activities on the land or from the legalconsequences of failure to employ care.
As added by P.L.1-1995, SEC.9.
IC 14-16-1-29
Violations; offenses
Sec. 29. (a) Except as provided in subsections (b) and (c), aperson who violates this chapter commits a Class C infraction.
(b) A person who violates section 17, 18(a), 18(b), 18(c), 23(a)(1),23(a)(2), or 24 of this chapter commits a Class B misdemeanor.
(c) A person who violates section 18(d) or 18(e) of this chaptercommits a Class A infraction.
As added by P.L.1-1995, SEC.9. Amended by P.L.181-1995, SEC.3;P.L.155-2002, SEC.5 and P.L.158-2002, SEC.4; P.L.186-2003,SEC.54; P.L.225-2005, SEC.13; P.L.219-2005, SEC.20; P.L.1-2006,SEC.210.
IC 14-16-1-30
Off-road vehicle and snowmobile fund
Sec. 30. (a) As used in this section, "fund" refers to the off-roadvehicle and snowmobile fund established by subsection (b).
(b) The off-road vehicle and snowmobile fund is established. Thefund shall be administered by the department.
(c) The fund consists of the revenues obtained under this chapter,appropriations, and donations. Money in the fund shall be used forthe following purposes:
(1) Enforcement and administration of this chapter.
(2) Constructing and maintaining off-road vehicle trails.
(3) Constructing and maintaining snowmobile trails.
(d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested.
(e) Money in the fund at the end of the state fiscal year does notrevert to the state general fund.
As added by P.L.186-2003, SEC.55.
IC 14-16-1-31
Dry weight limitation of less than 2,000 pounds
Sec. 31. The department may not adopt a rule, regulation, or
guideline that, with respect to an off-road vehicle, imposes a dryweight limitation of less than two thousand (2,000) pounds.
As added by P.L.86-2010, SEC.8.