CHAPTER 1. APPLICATION
IC 9-21
ARTICLE 21. TRAFFIC REGULATION
IC 9-21-1
Chapter 1. Application
IC 9-21-1-0.5
"Lawful intervention technique"
Sec. 0.5. As used in this chapter, "lawful intervention technique"means a method by which a pursuing motor vehicle causes, orattempts to cause, a fleeing motor vehicle to stop. The term includesa precision immobilization technique (PIT) maneuver.
As added by P.L.145-2009, SEC.2.
IC 9-21-1-1
Application of article
Sec. 1. Except as provided in sections 2, 3, and 3.3 of this chapter,this article applies throughout Indiana.
As added by P.L.2-1991, SEC.9. Amended by P.L.150-2009, SEC.10.
IC 9-21-1-2
Local authorities; adoption of additional regulations; conflict oflaw; fines; disbursement
Sec. 2. (a) Except as provided in section 3.5 of this chapter, alocal authority may adopt by ordinance additional traffic regulationswith respect to highways under the authority's jurisdiction. Anordinance adopted under this subsection may not conflict with orduplicate a statute.
(b) After a request has been made at a public meeting or bycertified mail to the legislative body (as defined in IC 36-1-2-9) fromthe property owner, a local authority may adopt by ordinanceadditional traffic regulations with respect to a private road within theauthority's jurisdiction. The ordinance:
(1) must require a contractual agreement between the localauthority and property owner of the private road setting forththe terms and responsibilities of the additional trafficregulations;
(2) must require the contractual agreement required undersubdivision (1) to be recorded after passage of the ordinance inthe office of the recorder of the county in which the private roadis located; and
(3) may not conflict with or duplicate state law.
(c) A fine assessed for a violation of a traffic ordinance adoptedby a local authority may be deposited into the general fund of theappropriate political subdivision.
As added by P.L.2-1991, SEC.9. Amended by P.L.128-2002, SEC.1;P.L.143-2002, SEC.5; P.L.1-2003, SEC.50.
IC 9-21-1-3
Powers of local authorities; effective date of ordinances Sec. 3. (a) A local authority, with respect to private roads andhighways under the authority's jurisdiction, in accordance withsections 2 and 3.3(a) of this chapter, and within the reasonableexercise of the police power, may do the following:
(1) Regulate the standing or parking of vehicles.
(2) Regulate traffic by means of police officers or traffic controlsignals.
(3) Regulate or prohibit processions or assemblages on thehighways.
(4) Designate a highway as a one-way highway and require thatall vehicles operated on the highway be moved in one (1)specific direction.
(5) Regulate the speed of vehicles in public parks.
(6) Designate a highway as a through highway and require thatall vehicles stop before entering or crossing the highway.
(7) Designate an intersection as a stop intersection and requireall vehicles to stop at one (1) or more entrances to theintersection.
(8) Restrict the use of highways as authorized in IC 9-21-4-7.
(9) Regulate the operation of bicycles and require theregistration and licensing of bicycles, including the requirementof a registration fee.
(10) Regulate or prohibit the turning of vehicles at intersections.
(11) Alter the prima facie speed limits authorized underIC 9-21-5.
(12) Adopt other traffic regulations specifically authorized bythis article.
(13) Adopt traffic regulations governing traffic control onpublic school grounds when requested by the governing body ofthe school corporations.
(14) Regulate or prohibit the operation of low speed vehicles orgolf carts on highways in accordance with section 3.3(a) of thischapter.
(b) An ordinance or regulation adopted under subsection (a)(4),(a)(5), (a)(6), (a)(7), (a)(8), (a)(10), (a)(11), (a)(12), (a)(13), or(a)(14), is effective when signs giving notice of the local trafficregulations are posted upon or at the entrances to the highway or partof the highway that is affected.
As added by P.L.2-1991, SEC.9. Amended by P.L.128-2002, SEC.2;P.L.21-2003, SEC.6; P.L.150-2009, SEC.11; P.L.182-2009(ss),SEC.291.
IC 9-21-1-3.3
Ordinances regarding use of golf carts on highway
Sec. 3.3. (a) A city or a town may adopt by ordinance trafficregulations concerning the use of golf carts on a highway under thejurisdiction of the city or the town. An ordinance adopted under thissubsection may not:
(1) conflict with or duplicate another state law; or
(2) conflict with a driver's licensing requirement of another
provision of the Indiana Code.
(b) A fine assessed for a violation of a traffic ordinance adoptedby a city or a town under this section shall be deposited into thegeneral fund of the city or town.
(c) A person who violates subsection (a) commits a Class Cinfraction.
As added by P.L.150-2009, SEC.12. Amended by P.L.182-2009(ss),SEC.292.
IC 9-21-1-3.5
Local authority; prohibition against or restriction on use of electricpersonal assistive mobility device
Sec. 3.5. A local authority may not adopt by ordinance anyprohibition against or restriction on the use of an electric personalassistive mobility device operated on a path set aside for theexclusive use of bicycles as set forth in IC 9-21-11-1(b).
As added by P.L.143-2002, SEC.6.
IC 9-21-1-4
Posting of signs on state highways by local authorities; conditions;prohibitions
Sec. 4. (a) Notwithstanding IC 8-23-20, IC 9-21-5, and section 5of this chapter, a city or town may, by ordinance, authorize and payfor signs to be erected along the routes of state highways if thefollowing conditions are met:
(1) The sign is an information sign stating only that a famousperson is or was a resident of that city or town.
(2) The sign conforms to the manual on traffic control devicesstandards for historical signs.
(3) A copy of the sign ordinance is sent to the bureau of theIndiana department of transportation.
(b) The commissioner of the Indiana department of transportationmay, within sixty (60) days after the effective date of an ordinanceadopted under subsection (a), prohibit the erection of or causeremoval of the sign if the bureau finds that the sign:
(1) creates a traffic hazard; or
(2) expresses a commercial or partisan political message.
As added by P.L.2-1991, SEC.9.
IC 9-21-1-5
Local control of state highways; enforcement powers
Sec. 5. Local control of the routes of state highways in cities andtowns includes only the power of enforcement of this article and ofthe regulations passed by the Indiana department of transportation.
As added by P.L.2-1991, SEC.9.
IC 9-21-1-6
Drivers of vehicles; application of chapter
Sec. 6. Except as provided in sections 7 and 8 of this chapter, thisarticle applies to the drivers of vehicles owned or operated by the
United States, this state, or a political subdivision of the state.
As added by P.L.2-1991, SEC.9.
IC 9-21-1-7
Highway construction vehicles; application of article
Sec. 7. Unless specifically made applicable, this article does notapply to a person, team, motor vehicle, and other equipment actuallyengaged in work on the surface of a highway. This article applies toa person and vehicle when traveling to or from work on the surfaceof a highway.
As added by P.L.2-1991, SEC.9.
IC 9-21-1-8
Emergency vehicles
Sec. 8. (a) This section applies to the person who drives anauthorized emergency vehicle when:
(1) responding to an emergency call;
(2) in the pursuit of an actual or suspected violator of the law;or
(3) responding to, but not upon returning from, a fire alarm.
(b) The person who drives an authorized emergency vehicle maydo the following:
(1) Park or stand, notwithstanding other provisions of thisarticle.
(2) Proceed past a red or stop signal or stop sign, but only afterslowing down as necessary for safe operation.
(3) Exceed the maximum speed limits if the person who drivesthe vehicle does not endanger life or property.
(4) Disregard regulations governing direction of movement orturning in specified directions.
(5) Execute a lawful intervention technique if the person hascompleted a training course that instructs participants in theproper execution of lawful intervention techniques.
(c) This section applies to an authorized emergency vehicle onlywhen the vehicle is using audible or visual signals as required bylaw. An authorized emergency vehicle operated as a police vehicleis not required to be equipped with or display red and blue lightsvisible from in front of the vehicle.
(d) This section does not do the following:
(1) Relieve the person who drives an authorized emergencyvehicle from the duty to drive with due regard for the safety ofall persons.
(2) Protect the person who drives an authorized emergencyvehicle from the consequences of the person's reckless disregardfor the safety of others.
As added by P.L.2-1991, SEC.9. Amended by P.L.145-2009, SEC.3.
IC 9-21-1-9
Private roads
Sec. 9. Except when a different place is specifically referred to,
this article applies to the operation of vehicles upon highways andprivate roads of a residential subdivision, regardless of whomaintains them.
As added by P.L.2-1991, SEC.9. Amended by P.L.128-2002, SEC.3.
IC 9-21-1-10
Animals; vehicles drawn by animals
Sec. 10. A person who rides an animal or drives an animaldrawing a vehicle upon a roadway is:
(1) subject to the provisions of this article applicable to theperson who drives a vehicle; and
(2) is not subject to the provisions of this article that by theirnature have no application.
As added by P.L.2-1991, SEC.9.
IC 9-21-1-11
Interstate compacts and agreements; application to crimes andoffenses under this article
Sec. 11. 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.9.