CHAPTER 25. INSPECTION OF COMMERCIAL BUSES USED IN ORGANIZATIONAL ACTIVITIES
IC 8-2.1-25
Chapter 25. Inspection of Commercial Buses Used inOrganizational Activities
IC 8-2.1-25-1
"Motor bus" defined
Sec. 1. As used in this chapter, "motor bus" means any motorvehicle:
(1) weighing more than eleven thousand (11,000) pounds; and
(2) being operated in furtherance of a commercial enterprise.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-2
"Motor carrier" defined
Sec. 2. As used in this chapter, "motor carrier" has the meaningset forth in IC 8-2.1-17-10.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-3
"Organization" defined
Sec. 3. As used in this chapter, "organization" means an entity thatis not an individual. The term includes a public or private school, abusiness firm or corporation, a labor organization, a religiousorganization, a political club, or any other type of association orgroup of individuals.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-4
"Organizational activity" defined
Sec. 4. As used in this chapter, "organizational activity" meansany activity:
(1) that is sponsored, controlled, or supervised by an Indianapublic or private organization; and
(2) to, for, or from which a motor carrier will providetransportation to the organization but not to the general public.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-5
Operation of motor bus; prohibitions
Sec. 5. A motor carrier may not operate or permit the operation ofa motor bus to transport a person to or from an organizationalactivity for compensation unless the motor bus has been inspectedand meets the safety standards of this chapter within the twelve (12)months preceding the date of the organizational activity.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-6
Inspections and safety standards; impoundment of motor bus;notice to contractor
Sec. 6. (a) A motor bus has not been inspected and does not meet
the safety standards of this chapter unless the motor carrier certifiesto the state police department that the motor bus has:
(1) been inspected by:
(A) an employee of the motor carrier;
(B) an employee of the department;
(C) an employee of a certified third party inspector; or
(D) another individual;
who meets the requirements of 49 CFR 396.19, is certified bythe Commercial Vehicle Safety Alliance, or is certified as acommercial motor vehicle technician by Automotive ServiceExcellence; and
(2) met the inspection requirements of the federal motor carriersafety regulations and this chapter.
(b) If the department determines that a motor carrier is not capableof carrying out an inspection under subsection (a), the state policedepartment may:
(1) inspect a motor bus of the motor carrier; or
(2) request a compliance review of the safety management ofthe motor carrier by the Federal Highway Administration, if thecarrier is an interstate carrier, or the motor carrier division ofthe state police department, if the carrier is an intrastate carrier.
(c) Before a motor bus that has been out of service due to safetyviolations may return to service, the state police department mayrequire a motor carrier to present the bus for inspection if the safetyviolations were so severe as to call into question the maintenancecapability of the carrier. Upon notification by the carrier to the statepolice department that the motor bus is ready to return to service, thestate police department may inspect the bus not more than two (2)business days following the notification by the carrier. If the statepolice department does not inspect the bus within two (2) businessdays following the notification by the carrier, the carrier must havethe bus inspected by:
(1) an employee of the motor carrier;
(2) an employee of the department;
(3) an employee of a certified third party inspector; or
(4) another individual;
who meets the requirements of 49 CFR 396.19, is certified by theCommercial Vehicle Safety Alliance, or is certified as a commercialmotor vehicle technician by Automotive Service Excellence.
(d) If a motor bus is found in operation without correction of thesafety violations that caused it to be placed out of service, the statepolice department shall immediately impound the bus and the statepolice department may request a compliance review of the safetymanagement of the motor carrier by the Federal HighwayAdministration, if the carrier is an interstate carrier, or the motorcarrier division of the state police department, if the carrier is anintrastate carrier.
(e) A motor carrier must notify a contractor for the use of a motorbus for an organizational activity of the following:
(1) That the carrier will provide a motor bus that has been
inspected and meets federal safety inspection standards.
(2) The method by which the motor bus was inspected, whetherthe method was self-inspection, state police departmentinspection, or third-party inspection.
(3) That the contractor may call a toll free number to notify theIndiana state police if the contractor has concerns aboutoperational safety problems during the trip or has reason tobelieve that the motor bus is being operated in need of repair inviolation of federal motor safety regulations.
(f) The department must establish or maintain a toll free numberthat a contractor described under subsection (e) may call to notify thestate police department about concerns regarding motor bus safety.
As added by P.L.86-1997, SEC.1. Amended by P.L.94-1998, SEC.1.
IC 8-2.1-25-7
Violations
Sec. 7. A motor carrier or bus driver who knowingly orintentionally operates or permits to be operated a motor bus inviolation of this chapter commits a Class B misdemeanor.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-8
Adoption of rules
Sec. 8. The state police department may adopt rules underIC 4-22-2 to establish a certification program for third partyinspection of motor buses.
As added by P.L.94-1998, SEC.2.