CHAPTER 2. DEFINITIONS
IC 9-13-2
Chapter 2. Definitions
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 fortwenty-four (24) hours.
(3) A vehicle located on public property in such a manner as toconstitute a hazard or obstruction to the movement of pedestrianor vehicular traffic on a public right-of-way.
(4) A vehicle that has remained on private property without theconsent of the owner or person in control of that property formore than forty-eight (48) hours.
(5) A vehicle from which the engine, transmission, ordifferential has been removed or that is otherwise partiallydismantled or inoperable and left on public property.
(6) A vehicle that has been removed by a towing service orpublic agency upon request of an officer enforcing a statute oran ordinance other than this chapter if the impounded vehicle isnot claimed or redeemed by the owner or the owner's agentwithin twenty (20) days after the vehicle's removal.
(7) A vehicle that is at least three (3) model years old, ismechanically inoperable, and is left on private propertycontinuously in a location visible from public property for morethan twenty (20) days. For purposes of this subdivision, avehicle 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 setforth in IC 9-24-6.5-1.
As added by P.L.48-2004, SEC.1.
IC 9-13-2-1.2
Accident response service fee
Sec. 1.2. "Accident response service fee", for purposes ofIC 9-29-11.5, has the meaning set forth in IC 9-29-11.5-1.
As added by P.L.83-2008, SEC.1.
IC 9-13-2-1.3
Adjusted or net capitalized cost
Sec. 1.3. "Adjusted or net capitalized cost", for purposes ofIC 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 vehicleespecially designed or modified for use by an individual who isdisabled 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 themeaning 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, hasthe 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 vaporcompression refrigeration equipment that is used to cool the driver'sor 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 meaningset 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, hasthe meaning set forth in IC 7.1-1-3-5.
As added by P.L.53-1994, SEC.3.
IC 9-13-2-2.4
Alcohol concentration equivalent
Sec. 2.4. "Alcohol concentration equivalent" means the alcoholconcentration in a person's blood or breath determined from a test ofa sample of the person's blood or breath.
As added by P.L.1-2000, SEC.2.
IC 9-13-2-2.5
Alley
Sec. 2.5. "Alley" means a public way in an urban district thatmeets 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 anofficial 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 motorvehicle" means a motor vehicle or motor scooter that is at leasttwenty-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 manufacturedwithout a safety belt as a part of the standard equipment installed bythe manufacturer at each designated seating position, before therequirement of the installation of safety belts in the motor vehicleaccording to the standards stated in the Federal Motor Vehicle SafetyStandard 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 courseoffered by a high school or driver education school that thesuperintendent of public instruction periodically designates asapproved, after taking into consideration the standards and methodsof instruction necessary to ensure adequate training for the operationof 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. "Approved motorcycle driver education and trainingcourse" means:
(1) a course offered by a public or private secondary school, anew motorcycle dealer, or other driver education schooloffering motorcycle driver training as developed and approvedby the superintendent of public instruction and the bureau; or
(2) a course that is offered by a commercial driving school ornew motorcycle dealer and that is approved by the bureau.
As added by P.L.2-1991, SEC.1. Amended by P.L.48-2004, SEC.3.
IC 9-13-2-5.5
Assembled vehicle
Sec. 5.5. "Assembled vehicle", for purposes of IC 9-17-4, has themeaning 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 orhealth and hospital corporations under IC 16-22-8.
(2) Vehicles designated as emergency vehicles by the Indianadepartment of transportation under IC 9-21-20-1.
(3) Motor vehicles that, subject to IC 9-21-20-2, are approvedby the Indiana emergency medical services commission that are:
(A) ambulances that are owned by persons, firms, limitedliability companies, or corporations other than hospitals; or
(B) not ambulances and that provide emergency medicalservices, including extrication and rescue services (asdefined in IC 16-18-2-110).
(4) Vehicles of the department of correction that, subject toIC 9-21-20-3, are:
(A) designated by the department of correction as emergencyvehicles; 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", forpurposes 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 electronictracking device approved by the commissioner of the department ofstate revenue for use in connection with special weight permits forextra 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 engagedin the business of, or as a part of the auctioneer's businessparticipates in, providing a place of business or facilities for thepurchase and sale of motor vehicles on the basis of bids by personsacting for themselves or others. The term does not include a personacting 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 forthe purpose of scrap metal processing, automobile wrecking, oroperating 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 tosell, or soliciting or advertising the sale of adapted vehicles;
(2) possesses adapted vehicles exclusively for the purpose ofresale, either on the automotive mobility dealer's own accountor on behalf of another as the primary or incidental business ofthe 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, orservicing of;
equipment or modifications specifically designed to facilitateuse or operation of a vehicle by an individual who is disabledor 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 engagedin the business:
(1) of acquiring salvage motor vehicles for the purpose ofrestoring, 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, orsalvage motor vehicles, or their remains, as stock-in-trade;
(2) dismantles and processes such vehicles or remains for thereclamation and sale of reusable components and parts; and
(3) disposes of recyclable materials to a scrap metal processoror 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 StatesEnvironmental Protection Agency under 40 CFR 89 as meetingapplicable 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 onone (1) or more axles spaced less than forty (40) inches from centerto 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 extensionattached to the rear frame of a first semitrailer that allows for a fifthwheel connection point for a second semitrailer.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-14
Bicycle
Sec. 14. "Bicycle" means any foot-propelled vehicle, irrespectiveof 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 setforth 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), thefollowing:
(1) A motor vehicle or a passenger carrying semitrailer used for
the purpose of carrying passengers on a regular schedule of timeand rates between fixed termini.
(2) A motor vehicle or a passenger carrying semitrailer designedfor carrying more than ten (10) passengers exclusive of thedriver.
The term does not include school buses, or motor vehicles that arefuneral equipment and that are used in the operation of funeralservices (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 hireand used for the transportation of persons.
(2) A motor vehicle other than a taxicab designed or used forthe 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 andincluding a highway when at least fifty percent (50%) of the frontageof the territory for a distance of at least five hundred (500) feet isoccupied 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 themeaning 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 ofIC 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 statementissued by the bureau to a registered owner or operator of a motorvehicle involved in an accident showing compliance with IC 9-25 orwith the requirements of the bureau.
As added by P.L.2-1991, SEC.1.
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 ofoperating a motor vehicle registered as having a gross weight ofsixteen thousand (16,000) pounds or more for the purpose oftransporting property;
(2) operating a motor vehicle registered as having a grossweight of sixteen thousand (16,000) pounds or more for thepurpose of transporting property for hire; or
(3) operating a private bus.
(b) "Chauffeur", for purposes of IC 9-25, means a person:
(1) who is employed for hire for the principal purpose ofoperating a motor vehicle upon the highways;
(2) who operates a motor vehicle while in use as a carrier ofpassengers or property for hire; or
(3) who drives or operates a motor vehicle while in use as aschool bus for the transportation of pupils to or from school.
As added by P.L.2-1991, SEC.1.
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 thepresence of alcohol, a controlled substance or its metabolite, or adrug 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 frominjury during a motor vehicle accident; and
(2) meets the standards prescribed and definition contained in49 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 privateorganization for the purpose of creating a tourist attraction in anIndiana 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 acombination of vehicles; and
(2) has a gross vehicle weight rating that is greater than sixteenthousand (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 acombination of vehicles; and
(2) has a gross vehicle weight rating equal to or less thansixteen 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. "Commercial driver training school", for purposes ofIC 9-24-10-4, has the meaning set forth in IC 5-2-6.5-5.
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.
IC 9-13-2-29
Commercial driver's license
Sec. 29. "Commercial driver's license" has the meaning set forthin 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", forpurposes 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 thetransportation of a farm commodity from the place of production tothe first point of delivery where the commodity is weighed and titleto 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 asprovided in subsection (b), a motor vehicle or combination of motorvehicles used in commerce to transport passengers or property if themotor vehicle:
(1) has a gross combination weight rating of at least twenty-sixthousand one (26,001) pounds, including a towed unit with agross vehicle weight rating of more than ten thousand (10,000)pounds;
(2) has a gross vehicle weight rating of at least twenty-sixthousand 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 behazardous for the purposes of the Hazardous MaterialsTransportation Act; and
(C) required to be placarded under the Hazardous MaterialsRegulations (49 CFR Part 172, Subpart F).
(b) The bureau of motor vehicles may, by rule, broaden thedefinition of commercial motor vehicle under subsection (a) toinclude vehicles with a gross declared weight greater than eleventhousand (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 incommerce to transport property if the motor vehicle:
(1) has a gross combination weight rating of at least twenty-sixthousand one (26,001) pounds, including a towed unit with agross vehicle weight rating of more than ten thousand (10,000)pounds;
(2) has a gross vehicle weight rating of at least twenty-sixthousand one (26,001) pounds; or
(3) meets both of the following requirements:
(A) The motor vehicle has a gross vehicle weight rating ofat least seven thousand (7,000) pounds, but less thantwenty-six thousand one (26,001) pounds.
(B) The motor vehicle is owned by a registered carrierholding 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 vehiclescommission.As added by P.L.2-1991, SEC.1.
IC 9-13-2-33
Commissioner
Sec. 33. "Commissioner" refers to the commissioner of the bureauof motor vehicles.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-34
Component part
Sec. 34. "Component part" means an engine, a transmission, abody-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 ofIC 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 themeaning 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), "controlledsubstance" has the meaning set forth in IC 35-48-1.
(b) For purposes of IC 9-24-6, "controlled substance" has themeaning 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 vehicledesigned with the engine compartment projecting forward from thepassenger 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 manufacturedvan motor vehicle. The term does not include a person whomanufactures 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 nolocontendere.
(2) A determination of guilt by a jury or a court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to securethe defendant's appearance for trial, unless the forfeiture isvacated.
(4) A payment of money as a penalty or as costs in accordancewith an agreement between a moving traffic violator and atraffic violations bureau.
(b) "Conviction", for purposes of IC 9-24-6, has the meaning setforth in 49 CFR 383.5 as in effect July 1, 2010.
As added by P.L.2-1991, SEC.1. Amended by P.L.93-1991, SEC.1;P.L.9-2010, SEC.7.
IC 9-13-2-39
Court
Sec. 39. "Court", for purposes of IC 9-30-3, has the meaning setforth 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 themeaning 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 theconnections of the lateral lines of the sidewalks on oppositesides of the highway measured from the curbs, or in the absenceof curbs, from the edges of the traversable roadway.
(2) A part of a roadway distinctly indicated for pedestriancrossing 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 oflicense or permit that evidences the privilege to operate a motorvehicle upon the highways of Indiana. The term includes a privilegegranted 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 thissection, a person who sells to the general public, including a personwho sells directly by the Internet or other computer network, at leasttwelve (12) vehicles each year for delivery in Indiana. The termincludes a person who sells off-road vehicles. A dealer must have anestablished place of business that meets the minimum standardsprescribed by the secretary of state under rules adopted underIC 4-22-2.
(b) The term does not include the following:
(1) A receiver, trustee, or other person appointed by or actingunder 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 atransfer dealer.
(4) An automotive mobility dealer.
(c) "Dealer", for purposes of IC 9-31, means a person that sells tothe general public for delivery in Indiana at least six (6):
(1) boats; or
(2) trailers:
(A) designed and used exclusively for the transportation ofwatercraft; 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'sspouse, child, grandchild, parent, or sibling who has been nominatedas the franchisee's successor under a written document filed by thefranchisee with the franchisor.
(b) If no such document has been filed, the term means afranchisee's spouse, child, grandchild, parent, or sibling who:
(1) if the franchisee is deceased, is entitled to inherit thefranchisee's ownership interest in the franchisee's businessunder the franchisee's will or under the laws of intestatesuccession; or
(2) if the franchisee is incapacitated, is appointed by the courtas the legal representative of the franchisee's property.
(c) If a franchisee is deceased, the term includes the appointed andqualified personal representative and testamentary trustee of thedeceased 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 themeaning set forth in IC 9-14-3.5-2.
As added by P.L.2-1997, SEC.24.
IC 9-13-2-44
Disposal facility
Sec. 44. (a) "Disposal facility" means a person, firm, limitedliability company, corporation, or other legal entity that, in thecourse of business, engages in the acquisition and dismantling ordemolition of motor vehicles, motorcycles, semitrailers, orrecreational vehicles or their remains for the benefit of reusablecomponents and parts or recyclable materials.
(b) The term includes the following enterprises:
(1) An automotive salvage recycler.
(2) A hulk crusher.
(c) The term does not include a scrap metal processor.
As added by P.L.2-1991, SEC.1. Amended by P.L.8-1993, SEC.167.
IC 9-13-2-45
Distributor
Sec. 45. "Distributor" means a person, other than a manufactureror wholesale dealer, who is engaged in the business of selling motorvehicles to dealers located in Indiana. The term includes adistributor's branch office or the distributor's representative. The termdoes 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 actualphysical 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 thestate authorizing an individual to operate a motor vehicle on publicstreets, 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 andthose having express or implied permission from the owner but notby other persons.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-49.1
Drug
Sec. 49.1. The term "drug" includes legend drug (as defined inIC 16-18-2-199), nitrous oxide, "model glue" (as defined inIC 35-46-6-1), and any substance listed in IC 35-46-6-2(2).
As added by P.L.33-1997, SEC.2.
IC 9-13-2-49.3
Electric personal assistive mobility device
Sec. 49.3. "Electric personal assistive mobility device" means aself-balancing, two (2) nontandem wheeled device that is designedto transport only one (1) person and that has the following:
(1) An electric propulsion system with average power of sevenhundred fifty (750) watts or one (1) horsepower.
(2) A maximum speed of less than twenty (20) miles per hourwhen operated on a paved level surface, when powered solelyby the propulsion system referred to in subdivision (1), andwhen 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 fromwhich 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 permanentenclosed building or structure owned or leased for the purpose ofbartering, trading, and selling motor vehicles. The term does notinclude a residence, tent, temporary stand, or permanent quarterstemporarily 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 mechanicalmixture that:
(1) is commonly used or intended for the purpose of producingan explosion; or
(2) contains any oxidizing and combustive units or otheringredients in such proportions, quantities, or packing that anignition by fire, friction, concussion, percussion, or detonatorof any part of the compound or mixture may cause such asudden generation of highly heated gases that the resultantgaseous pressures are capable of producing destructible effectson 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 ofIC 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 themeaning 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 themeaning 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 usedprimarily as a farm implement for drawing implements of agricultureused 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 termincludes 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 andtractor" shall be identified in accordance with a rule adopted by thebureau.
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 atruck 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 isused primarily for transporting farm products and farm suppliesin connection with a farming operation.
(2) A three (3), four (4), or six (6) wheeled motor vehicle witha folding hitch on the front of the motor vehicle, manufacturedwith seating for not more than four (4) individuals, that is usedprimarily:
(A) to transport an individual from one (1) farm field toanother, whether or not the motor vehicle is operated on ahighway in order to reach the other farm field;
(B) for the transportation of an individual upon farmpremises; or
(C) for both purposes set forth in clauses (A) and (B).
(3) A three (3), four (4), or six (6) wheeled construction relatedmotor 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 suppliesor farm implements at the same time it is used for the transportationof 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 themeaning 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 meaningset forth in IC 9-27-1-1.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-62.5
Fire lane
Sec. 62.5. (a) "Fire lane", for purposes of IC 9-21-16-5.5, meansan area that is:
(1) located within twelve (12) feet of:
(A) a building that:
(i) is occupied for commercial, professional, religious, orany other purpose; and
(ii) is not a building that is intended for use as a dwellingfor one (1) or two (2) families; or
(B) a sidewalk immediately adjacent to or attached to abuilding; 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 countyhaving 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 trafficin 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 pointof seventy (70) degrees Fahrenheit, or less, as determined by atabliabue 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 adefinite or an indefinite period in which a manufacturer or distributorgrants to a dealer a right to use a trade name, trade or service mark,or related characteristic, and in which there is a community ofinterest in the marketing of motor vehicles or related services at retailor 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 isgranted.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-69
Franchisor
Sec. 69. "Franchisor" means a manufacturer or distributor whogrants 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 inIC 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, accompanyinghuman 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 vehicleoriginally and specifically designed and intended to transport one (1)or more individuals and golf clubs for the purpose of playing thegame 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 themeaning set forth in that section.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-71
Gross weight
Sec. 71. "Gross weight" means the weight of a vehicle withoutload, plus the weight of any load on the vehicle.
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 themeaning 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 thousandfive 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 theboundary lines of every publicly maintained way when any part ofthe way is open to the use of the public for purposes of vehiculartravel. 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 thebusiness of handling and flattening, compacting, or otherwisedemolishing motor vehicles, motorcycles, semitrailers, orrecreational vehicles, or their remains, for economical delivery to ascrap 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 documentissued 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 themeaning set forth in IC 9-17-4-0.5.
As added by P.L.2-1991, SEC.1. Amended by P.L.268-2003, SEC.3.
IC 9-13-2-76
Ignition interlock device
Sec. 76. "Ignition interlock device" means a blood alcoholconcentration equivalence measuring device that prevents a motorvehicle from being started without first determining the operator'sequivalent breath alcohol concentration through the taking of a deeplung 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 agriculturalimplements, pull type and self-propelled, used for the:
(1) transport;
(2) delivery; or
(3) application;
of crop inputs, including seed, fertilizers, and crop protectionproducts, and vehicles designed to transport these types ofagricultural implements.
(b) The bureau shall determine by rule under IC 4-22-2 whethera category of implement of agriculture was designed to be operatedprimarily:
(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, hasthe 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 thefollowing:
(1) A person who has been living in Indiana for at least onehundred eighty-three (183) days during a calendar year and whohas a legal residence in another state. However, the term doesnot include a person who has been living in Indiana for any ofthe following purposes: (A) Attending a postsecondary educational institution.
(B) Serving on active duty in the armed forces of the UnitedStates.
(2) A person who is living in Indiana if the person has no otherlegal residence.
(3) A person who is registered to vote in Indiana.
(4) A person who has a child enrolled in an elementary or asecondary school located in Indiana.
(5) A person who has more than one-half (1/2) of the person'sgross income (as defined in Section 61 of the Internal RevenueCode) derived from sources in Indiana using the provisionsapplicable to determining the source of adjusted gross incomethat are set forth in IC 6-3-2-2. However, a person who isconsidered a resident under this subdivision is not a resident ifthe person proves by a preponderance of the evidence that theperson is not a resident under subdivisions (1) through (4).
(6) A person who:
(A) is enrolled as a student of a truck driver training school;
(B) has legal residence in another state but is living inIndiana temporarily for the express purpose of taking acourse of study from the truck driver training school; and
(C) intends to return to the person's state of residence uponcompletion of the course of study of the truck driver trainingschool.
As added by P.L.2-1991, SEC.1. Amended by P.L.188-2006, SEC.2;P.L.2-2007, SEC.139.
IC 9-13-2-79
Individual owner
Sec. 79. "Individual owner", for purposes of IC 9-20-15-4 andIC 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 themeaning 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 ofIC 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 9-13-2-81 Instructor of an approved driver education course
Sec. 81. "Instructor of an approved driver education course"includes the following:
(1) A high school teacher who conducts a driver educationcourse.
(2) The principal of a high school offering a driver educationcourse.
(3) The authorized agent of an approved driver educationschool.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-82
Insured
Sec. 82. "Insured", for purposes of IC 9-25, has the meaning setforth 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 thetransportation of passengers for hire over a fixed route under acertificate issued by the Interstate Commerce Commission ininterstate or combined interstate-intrastate commerce or movementsin 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, orif 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 differenthighways 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 dividedhighway by an intersecting highway is regarded as a separateintersection. 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 separateintersection.
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 thenational system of interstate and defense highways (23 U.S.C. as ineffect January 1, 1991).
As added by P.L.2-1991, SEC.1.
IC 9-13-2-86
Intoxicated
Sec. 86. "Intoxicated" means under the influence of:
(1) alcohol;
(2) a controlled substance (as defined in IC 35-48-1);
(3) a drug other than alcohol or a controlled substance;
(4) a substance described in IC 35-46-6-2 or IC 35-46-6-3; or
(5) a combination of substances described in subdivisions (1)through (4);
so that there is an impaired condition of thought and action and theloss of normal control of a person's faculties.
As added by P.L.2-1991, SEC.1. Amended by P.L.175-2001, SEC.1;P.L.151-2006, SEC.4.
IC 9-13-2-87
Intracity bus
Sec. 87. "Intracity bus" means a bus operating wholly within thecorporate boundaries of a city or town, including contiguous cities ortowns, and cities and towns contiguous to or operating in a localtransportation system within a city and adjacent suburban territoryon a route that extends from within the city into the suburbanterritory 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 setforth 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 againstthe state or a political subdivision or a municipality of the state thatbecomes final by expiration without appeal of the time within whichappeal 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 setforth in IC 9-25-6-4(b).
(c) "Judgment", for purposes of IC 9-30-10, has the meaning setforth in IC 9-30-10-1.
(d) "Judgment", for purposes of IC 9-30-11, has the meaning setforth 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 afranchisee for service, filed periodically with the bureau as the
bureau may require, and posted prominently in the franchisee'sservice 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 insubsection (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