CHAPTER 21. FARM VEHICLES INVOLVED IN COMMERCIAL ENTERPRISES
IC 9-21-21
Chapter 21. Farm Vehicles Involved in Commercial Enterprises
IC 9-21-21-1
Vehicles used for farm purposes
Sec. 1. A motor vehicle, trailer, or semitrailer and tractor may beoperated primarily as a farm truck, farm trailer, or farm semitrailerand tractor if the vehicle meets the specifications set forth inIC 9-29-5-13(b).
As added by P.L.210-2005, SEC.36.
IC 9-21-21-2
Farm trucks used for personal purposes
Sec. 2. A farm truck described in section 1 of this chapter may beused for personal purposes if the vehicle otherwise qualifies for thatclass of registration.
As added by P.L.210-2005, SEC.36.
IC 9-21-21-3
Farm vehicles in commercial usage
Sec. 3. Except as provided in section 4.3 of this chapter, if theowner of a farm truck, farm trailer, or farm semitrailer and tractordescribed in section 1 of this chapter begins to operate the farmtruck, farm trailer, or farm semitrailer and tractor or permits the farmtruck, farm trailer, or farm semitrailer and tractor to be operated:
(1) in the conduct of a commercial enterprise; or
(2) for the transportation of farm products after the commoditieshave entered the channels of commerce during a registrationyear for which the license fee under IC 9-29-5-13 has been paid;
the owner shall pay the amount computed under IC 9-29-5-13.5(b)due for the remainder of the registration year for the license fee.
As added by P.L.210-2005, SEC.36. Amended by P.L.21-2007,SEC.2; P.L.191-2007, SEC.3.
IC 9-21-21-4
Repealed
(Repealed by P.L.21-2007, SEC.5.)
IC 9-21-21-4.3
Intrastate operation for perishable crop transportation; extensionof license
Sec. 4.3. (a) Notwithstanding section 3 of this chapter, subsection(b), and IC 9-18-2-4, a farm truck, farm trailer, or farm semitrailerand tractor described in section 1 of this chapter may be operatedintrastate for the transportation of seasonal, perishable, fruit orvegetables to the first point of processing for not more than one (1)thirty (30) day period in a registration year established byIC 9-18-2-7. Before a vehicle may be operated as provided in thissubsection, the owner shall pay to the bureau:
(1) the license fee due under IC 9-29-5-13(b); and (2) eight and one-half percent (8.5%) of the license fee paidunder IC 9-29-5-13(b);
for the farm truck, farm trailer, or farm semitrailer and tractor.
(b) Notwithstanding section 3 of this chapter, subsection (a), andIC 9-18-2-4, a farm truck, farm trailer, or farm semitrailer and tractordescribed in section 1 of this chapter may be operated intrastate forthe transportation of tomatoes or silage to the first point ofprocessing for a period of not more than one (1) seventy-one (71) dayperiod in a registration year established by IC 9-18-2-7. Before avehicle may be operated as provided in this subsection, the ownershall pay to the bureau:
(1) the license fee due under IC 9-29-5-13(b); and
(2) seventeen percent (17%) of the license fee paid underIC 9-29-5-13(b);
for the farm truck, farm trailer, or farm semitrailer and tractor.
(c) The bureau shall adopt rules under IC 4-22-2 to authorize theoperation of a farm truck, farm trailer, or farm semitrailer and tractorin the manner provided in this section.
As added by P.L.191-2007, SEC.4.
IC 9-21-21-5
Penalties for improper use of farm vehicle
Sec. 5. In addition to the penalty provided in section 7 of thischapter, and except as provided in section 4.3 of this chapter, aperson that operates a vehicle or allows a vehicle that the personowns to be operated when the vehicle is:
(1) registered under this chapter as a farm truck, farm trailer, orfarm semitrailer and tractor; and
(2) operated as set forth in section 3 of this chapter;
commits a Class C infraction. However, the offense is a Class Binfraction if, within the three (3) years preceding the commission ofthe offense, the person had a prior unrelated judgment under thissection.
As added by P.L.210-2005, SEC.36. Amended by P.L.191-2007,SEC.5.
IC 9-21-21-6
Venue for prosecution
Sec. 6. For purposes of this chapter, the operation of a vehicle inviolation of section 3 of this chapter is a continuing offense and thevenue for prosecution lies in a county in which the unlawfuloperation occurred. However, a:
(1) judgment against; or
(2) finding by the court for;
the owner or operator bars a prosecution in another county.
As added by P.L.210-2005, SEC.36.
IC 9-21-21-7
Impoundment of farm vehicle operated improperly
Sec. 7. (a) Except as provided in subsection (b), a police officer
who discovers a vehicle registered under this chapter as a farm truck,farm trailer, or farm semitrailer and tractor that is being operated asset forth in section 3 of this chapter:
(1) may take the vehicle into the police officer's custody; and
(2) may cause the vehicle to be taken to and stored in a suitableplace until:
(A) the legal owner of the vehicle can be found; or
(B) the proper certificate of registration and license plateshave been procured and the amount computed underIC 9-29-5-13.5 has been paid.
(b) A vehicle being operated in violation of section 3 of thischapter that is carrying perishable fruits or vegetables or livestockmay not be impounded, and the operator may proceed to the point ofdestination after having been stopped by a police officer undersubsection (a).
As added by P.L.210-2005, SEC.36.