CHAPTER 18. PENALTIES AND ENFORCEMENT
IC 9-20-18
Chapter 18. Penalties and Enforcement
IC 9-20-18-1
Venue
Sec. 1. For the purposes of this chapter, the operation of a vehicleor combination of vehicles in violation of a limitation in IC 9-20-4,IC 9-20-5, or IC 9-20-11 is a continuing offense and the venue forprosecution lies in a county in which the unlawful operationoccurred. However, a conviction or acquittal in one (1) county barsa prosecution in another county.
As added by P.L.2-1991, SEC.8.
IC 9-20-18-2
Repealed
(Repealed by P.L.100-1991, SEC.3.)
IC 9-20-18-3
Detention of vehicles; bond; impoundment of property
Sec. 3. (a) If a person is apprehended operating or causing to beoperated a vehicle or combination of vehicles on a highway with aweight in excess of a limitation under IC 9-20-4, IC 9-20-5, orIC 9-20-11, the vehicle or combination of vehicles shall be detaineduntil the weight of the vehicle or combination of vehicles is reducedor distributed to comply with the limitation.
(b) While a vehicle or combination of vehicles is detained, thevehicle or combination of vehicles shall be kept in the custody of theapprehending officer and shall be moved only as directed by theofficer or by direction of a court.
(c) A person who is apprehended may post a bond in a court. If abond is posted and the weight is reduced to within the lawful limits,the vehicle or combination of vehicles shall be released by order ofthe court.
(d) If a bond is not posted, the court may have the apprehendingofficer impound the property until a bond is posted or until all finesand costs are paid or stayed.
As added by P.L.2-1991, SEC.8.
IC 9-20-18-4
Movement of vehicle following impoundment; Class Bmisdemeanor
Sec. 4. A person who moves a vehicle or combination of vehiclesafter the vehicle or combination of vehicles is impounded commitsa Class B misdemeanor.
As added by P.L.2-1991, SEC.8.
IC 9-20-18-5
Impoundment of cargo
Sec. 5. This chapter does not authorize the impounding of a partof the cargo of an impounded vehicle or combination of vehicles.As added by P.L.2-1991, SEC.8.
IC 9-20-18-6
Notification of location of cargo to shipper
Sec. 6. The driver of an impounded vehicle or combination ofvehicles shall notify the shipper or a person having a monetaryinterest in the cargo or vehicle or combination of vehicles of thelocation of the cargo. The impounding officer shall give the driverreasonable opportunity to make the notification.
As added by P.L.2-1991, SEC.8.
IC 9-20-18-7
Criminal liability; defenses; knowledge of violation; fine; payment;sale of property
Sec. 7. (a) A court shall determine the extent of liability of thedriver, carrier, shipper, or other party shown to be liable.
(b) It is a defense if a party can show that the party:
(1) could not reasonably have known the actual weight of theload involved;
(2) had no access to or control of the loading of anoverweighted load;
(3) reasonably relied upon the representation of another partyregarding the validity, scope, or allowable weight of a permitissued to the other party under this article; or
(4) received written confirmation from a carrier that the carrier:
(A) had a valid permit for the load; or
(B) was not required to have a permit for the load.
(c) If a person who is an owner, a driver, a carrier or a shipperspecifically or directly orders or assigns a particular shipment to beloaded:
(1) the person shall be considered to have had control of theloading within the meaning of this section; and
(2) a showing of knowledge of the overweighted load affixesliability to the person.
(d) The person who has loaded a shipment has control of theloading within the meaning of this section and a showing ofknowledge of the overweighted load affixes liability to the person ifthe person is self-employed. If the person loading a shipment is notself-employed, then liability affixes to the person's employer jointlyand severally with the driver of an overweight vehicle.
(e) If a court determines that the owner of a vehicle orcombination of vehicles involved in a case is jointly or severallyliable, the owner shall be given ninety (90) days to pay the liabilityassessed by the court. During the ninety (90) days the court maycontinue the impounding of the equipment until all fines and costsare paid. If the fines and costs are not paid within the ninety (90)days after the court determination, the court may order the propertysold to pay the fines and costs.
(f) The court shall determine the liabilities, rights, and remediesof all of the parties involved.As added by P.L.2-1991, SEC.8. Amended by P.L.54-2009, SEC.5.
IC 9-20-18-8
Order for sale of property; procedure; expenses; bill of sale;certificate of title; liens
Sec. 8. (a) An order for sale may do the following:
(1) Include an apportionment of fines and costs among theparties.
(2) Establish a civil right of recovery by the owner of theproperty to be sold against any other parties the court also findsliable for apportioned shares.
(b) The procedure for the sale is the same as though the propertywas abandoned, and the impounding officer shall initiate the actionnecessary for the sale of the impounded property under the lawsconcerning the sale of abandoned vehicles.
(c) Expenses that are incurred in the storage and selling of avehicle or combination of vehicles shall be deducted from theproceeds received from the sale, and any amount remaining shall beforwarded to the owner by registered mail to the address to whichoriginal notice was given.
(d) A person conducting a sale may give a bill of sale to apurchaser. The bureau may issue a certificate of title based on the billof sale.
(e) A sale under this chapter is subject to liens of record orrecorded on the title and to mechanic's possessory liens.
As added by P.L.2-1991, SEC.8.
IC 9-20-18-9
Penalties based on number of convictions; certified copy ofjudgment; notice to appear before department of revenue;proceedings; suspension
Sec. 9. (a) A person who owns a motor vehicle and is convictedthe following number of times is subject to the following penalties:
(1) For five (5) times in a year of violating IC 9-20-4-1(a),suspension for five (5) days from the use of the highways, andif subject to the jurisdiction of the department of state revenue,the person's permit, registration, certificate, or certificate ofauthority issued by the department shall be suspended for thesame period of time on receipt by the department of certifiedcopies of the five (5) convictions. The suspension of the permit,registration, certificate, or certificate of authority runsconcurrently.
(2) For ten (10) times in a year of violating IC 9-20-4-1(a),suspension for ten (10) days from the use of the highways andthe person's permit, registration, certificate, or certificate ofauthority issued by the department of state revenue underIC 8-2.1 shall be suspended for the same period of time uponreceipt by the department of certified copies of the ten (10)convictions. The suspension of the permit, registration,certificate, or certificate of authority runs concurrently. (3) For fifteen (15) times in a year of violating IC 9-20-4-1(a),suspension for thirty (30) days from the use of the highwaysand the person's permit, registration, certificate, or certificate ofauthority issued by the department of state revenue underIC 8-2.1 shall be suspended for the same period of time uponreceipt by the department of certified copies of the fifteen (15)convictions. The suspension of the permit, registration,certificate, or certificate of authority runs concurrently.
(4) For more than fifteen (15) times in a year of violatingIC 9-20-4-1(a), for each additional five (5) convictions inexcess of fifteen (15), suspension for five (5) days from the useof the highways and the person's permit, registration, certificate,or certificate of authority issued by the department of staterevenue under IC 8-2.1 shall be suspended for the same periodof time upon receipt by the department of certified copies of theadditional convictions. The suspension of the permit,registration, certificate, or certificate of authority runsconcurrently.
(b) A court shall immediately, upon conviction of a person whoowns or operates a motor vehicle of violating IC 9-20-4-1(a), sendthe bureau of the department of state revenue a certified copy of thejudgment of the court setting forth the following:
(1) The name of the person who owns the vehicle.
(2) The date of the violation.
(3) The amount of fine levied.
The bureau shall keep a record of all convictions in the bureau'soffice.
(c) After the number of convictions has been certified to thebureau of the department of state revenue, the bureau shall send bycertified mail to the person against whom the convictions haveaccumulated a notice to appear before the department of staterevenue for the following purposes:
(1) To show cause why a suspension should not be assessed.
(2) To advise the person of a date on which the department willconduct the hearing. The date must not be less than twenty (20)days from the date of the sending of the certified letter.
The department shall conduct the proceeding in accordance withIC 8-2.1.
(d) If after the proceeding the department of state revenue findsthat the permit, registration, certificate, or certificate of authorityshould be suspended, the department shall do the following:
(1) Issue an order within thirty (30) days from the date of theconclusion of the proceeding.
(2) Serve upon the person a certified copy of the order ofsuspension by certified mail.
If the department finds that a suspension is not justified, thedepartment shall serve an order upon the person affected. All rightsof appeal from the orders of the department are subject to appeal asprovided by IC 8-2.1.
(e) If a private carrier not under the jurisdiction of the department
of state revenue is convicted under this article, the court shallimmediately certify the convictions to the bureau. The bureau shallkeep a record of the convictions in the same manner as provided forthe department of state revenue.
(f) After the number of convictions on a person operating as aprivate carrier not under the jurisdiction of the department of staterevenue has been certified to the bureau, the bureau shall send bycertified mail to the person a notice to appear before the departmentto show cause why the person should not have the suspensionsassessed. All provisions for the notice of the citation proceedings,together with the rights of compelling the attendance of witnesses,swearing of witnesses, taking testimony of witnesses, and of issuingan order, are the same before the bureau for private carriers as areprovided before the department for public carriers, but the procedureto govern the hearings is the same as other similar hearings.
As added by P.L.2-1991, SEC.8.
IC 9-20-18-10
Maintenance personnel; assistance in enforcement; powers andduties; compensation
Sec. 10. (a) The department of transportation may deputize andappoint the department's regularly employed maintenance personnelto assist in the enforcement of this article.
(b) Maintenance personnel delegated and appointed under thissection shall report to the proper officers any violations of this articlefor prosecution by the proper officers.
(c) For the purpose of enforcing this article, an employee who isdesignated:
(1) has the power of a police officer anywhere in Indiana;
(2) must subscribe an oath; and
(3) must furnish a bond of one thousand dollars ($1,000):
(A) for faithful performance of the employee's duties as aspecial officer running to the state; and
(B) approved and filed in the office of the secretary of state.
(d) An employee described under this section may not receiveadditional salary or wages due to the employee's services under thissection.
As added by P.L.2-1991, SEC.8.
IC 9-20-18-11
Damage to highways and bridges; liability; civil action
Sec. 11. (a) A person who owns or operates a vehicle, an object,or a contrivance unlawfully operated or moved on a highway orbridge is jointly and severally responsible for all damages to thehighway or bridge as a result of a violation of this article.
(b) The:
(1) attorney general on behalf of the state, for state highways;and
(2) proper legal officer on behalf of the county, township, ormunicipality affected;shall bring a civil action against the person involved to recover thedamages sustained.
(c) All funds recovered shall be credited to the proper highwayfund to be used for the reimbursement of the cost of repairing thedamaged highways and bridges.
As added by P.L.2-1991, SEC.8.
IC 9-20-18-12
Violation of article; Class C infraction; violation of weightlimitations; Class B infraction; Class A infraction; defenses;suspension; funds; disbursement
Sec. 12. (a) Except as provided in subsection (b), a person whoviolates this article commits a Class C infraction.
(b) A violation of a weight limitation in IC 9-20-4, IC 9-20-5,IC 9-20-11, or IC 9-20-7-1 is:
(1) a Class B infraction if the total of all excesses of weightunder those limitations is more than five thousand (5,000)pounds but not more than ten thousand (10,000) pounds; and
(2) a Class A infraction if the total of all excesses of weightunder those limitations is more than ten thousand (10,000)pounds.
(c) This subsection does not apply to violations that occur on aninterstate highway. It is a defense to a charge of violating a weightlimitation in IC 9-20-4, IC 9-20-5, or IC 9-20-11 that the total of allexcesses of weight under those limitations is less than one thousand(1,000) pounds.
(d) The court may suspend the registration of a vehicle used inviolating this article for not more than ninety (90) days.
(e) Upon the conviction of a person for a violation of a lawregarding the weight limit of vehicles operated upon a highway, thecourt may recommend suspension of the person's current chauffeur'slicense if the violation was committed knowingly.
(f) Notwithstanding IC 34-28-5-4, funds collected as judgments,except for costs, for violations under subsection (a) or (b) shall bedeposited in the state highway fund.
As added by P.L.2-1991, SEC.8. Amended by P.L.122-1993, SEC.6;P.L.1-1998, SEC.99.
IC 9-20-18-13
Special tractor-mobile home rig moving violations; extra widemanufactured home rig rules violations; penalties
Sec. 13. (a) A person who operates a special tractor-mobile homerig who violates IC 9-20-15 is considered to be committing a movingviolation and is subject to the penalties provided under rules adoptedunder IC 9-25.
(b) A person or an individual owner who violates a rule adoptedunder IC 9-20-15-6 commits a Class C infraction.
As added by P.L.2-1991, SEC.8. Amended by P.L.95-1991, SEC.5.
IC 9-20-18-14 Loads not securely fastened; Class C infraction
Sec. 14. (a) This section does not apply to a vehicle that has sidesthat extend above the load unless the load is not safely secured.
(b) A person who operates or permits the operation of a vehicle:
(1) on which:
(A) logs, lumber, pipe, poles, tanks, boilers, or similarobjects are carried and not securely fastened by:
(i) metal chains;
(ii) wire cables;
(iii) steel strapping; or
(iv) logistic webbing of synthetic fibers;
identified as to strength and equipped with compatiblehardware, that are of sufficient strength to hold the load inplace under ordinary traffic or road conditions; and
(B) a load or part of a load more than ten (10) feet in lengthis not fastened by at least three (3) of the devices listedunder subdivision (1), one (1) of which must be near eachend and the other at the approximate center of the load; and
(2) on a public street or highway;
commits a Class C infraction.
As added by P.L.2-1991, SEC.8.
IC 9-20-18-14.5
Civil penalties
Sec. 14.5. (a) The civil penalties imposed under this section arein addition to the other civil penalties that may be imposed underIC 8 and IC 9. Notwithstanding section 12 of this chapter, a civilpenalty imposed under this section:
(1) shall be deposited in the motor carrier regulation fundestablished by IC 8-2.1-23-1; and
(2) is in addition to any fines imposed by a court.
(b) A person who violates IC 9-20-5-7 is subject to a civil penaltyof five hundred dollars ($500) for each violation.
(c) A person who obtains a permit under this article and violatesthis article is subject to a civil penalty of five hundred dollars ($500)for the first violation and one thousand dollars ($1,000) for eachsubsequent violation.
(d) A person who transports heavy vehicles or loads subject to thisarticle and fails to obtain a permit required under this article issubject to a civil penalty of five thousand dollars ($5,000) for eachviolation.
(e) A civil penalty imposed under this section may be assessedagainst a person only after an administrative hearing has beenconducted at which the person has an opportunity to presentinformation as to why the civil penalty should not be assessed.
As added by P.L.129-2001, SEC.31. Amended by P.L.176-2006,SEC.12.
IC 9-20-18-15
Enforcement of size and weight restrictions; cooperation among
departments
Sec. 15. The Indiana state police board, the state policedepartment, and the Indiana department of transportation shallcooperate in enforcement of Indiana laws relating to the height,width, length, gross weights, and load weights of vehicles orcombinations of vehicles, with or without motive power, beingoperated, drawn, driven, moved, or transported on or over Indianahighways.
As added by P.L.2-1991, SEC.8.
IC 9-20-18-16
Interstate compacts and agreements; violations subject to IC 9-28
Sec. 16. The following are subject to IC 9-28:
(1) A:
(A) conviction for a crime; or
(B) judgment for an offense or ordinance violation;
under this article related to the use or operation of a motorvehicle.
(2) The issuance of a citation (as defined in IC 9-28-2-1) underthis article.
As added by P.L.2-1991, SEC.8.