CHAPTER 4. TRAFFIC CONTROL DEVICES
IC 9-21-4
Chapter 4. Traffic Control Devices
IC 9-21-4-1
Signing, marking, and erection; guidelines
Sec. 1. A governmental agency in Indiana that is responsible forthe signing, marking, and erection of traffic control devices on streetsand highways within Indiana shall follow the Indiana Manual onUniform Traffic Control Devices for Streets and Highways.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-2
Placement and maintenance; department of transportation; localauthorities; unnecessary signals; removal
Sec. 2. (a) The Indiana department of transportation shall placeand, except as otherwise provided in this section, maintain trafficcontrol devices conforming to the state manual and specificationsupon all state highways, including the state maintained routesthrough a city or town, as necessary to indicate and to carry out thisarticle or to regulate, warn, or guide traffic.
(b) A local authority may not place or maintain a traffic controldevice upon a highway in the state highway system or the statemaintained routes through a city or town until the authority hasreceived written permission from the Indiana department oftransportation.
(c) If the department determines, upon the basis of an engineeringand traffic investigation, that any traffic control signal is notnecessary for the safe, convenient, economical, and orderlymovement of traffic, the signal shall be removed by the Indianadepartment of transportation and be returned to the authorityresponsible for the signal's erection. If the Indiana department oftransportation determines, based on an engineering and trafficinvestigation, that a traffic control signal now in place is necessaryfor the safe, convenient, economical, and orderly movement oftraffic, the signal must remain in place, and the Indiana departmentof transportation shall affix a tag or seal to the signal showing thatthe signal has been approved by the Indiana department oftransportation.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-3
Local authorities; jurisdiction; duties; traffic calming devices
Sec. 3. (a) As used in this section, "traffic calming device" meansa device erected to slow traffic on residential streets, including thefollowing:
(1) traffic circles;
(2) curb extensions;
(3) neck downs;
(4) diagonal diverters;
(5) truncated diagonal diverters; or (6) chicanes.
(b) A local authority shall place and maintain traffic controldevices upon highways under the authority's jurisdiction, notincluding state highways, the authority considers necessary toindicate and to carry out this article or local traffic ordinances or toregulate, warn, or guide traffic. All traffic control devices, excepttraffic calming devices, erected under this section after June 30,1939, must conform to the Indiana manual on uniform traffic controldevices for streets and highways, ("the state manual") and designspecifications. However, the design and use of traffic calmingdevices shall conform to generally accepted engineering principlesof road design, and shall not affect the requirements of the statemanual and design specifications as regards any other traffic controldevice, as used in this chapter.
As added by P.L.2-1991, SEC.9. Amended by P.L.93-1996, SEC.1.
IC 9-21-4-4
Unauthorized traffic control devices; prohibition
Sec. 4. A person may not place, maintain, or display upon or inview of a highway an unauthorized sign, signal, marking, or devicethat:
(1) purports to be, is an imitation of, or resembles an officialtraffic control device or a railroad sign or signal;
(2) attempts to direct the movement of traffic; or
(3) hides from view or interferes with the effectiveness of anofficial traffic control device or a railroad sign or signal.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-5
Commercial advertising; placement on traffic control devices;prohibition; exceptions; tourist attraction signage; lightsmaintained on private property; restrictions
Sec. 5. (a) Except as provided in subsection (b), a person may notplace or maintain upon a highway a traffic sign or signal bearingcommercial advertising. A public authority may not permit theplacement of a traffic sign or signal that bears a commercial message.
(b) Under criteria to be jointly established by the Indianadepartment of transportation and the office of tourism development,the Indiana department of transportation may authorize the postingof any of the following:
(1) Limited tourist attraction signage.
(2) Business signs on specific information panels on theinterstate system of highways and other freeways.
All costs of manufacturing, installation, and maintenance to theIndiana department of transportation for a business sign posted underthis subsection shall be paid by the business.
(c) Criteria established under subsection (b) for tourist attractionsignage must include a category for a tourist attraction that:
(1) is a trademarked destination brand; and
(2) encompasses buildings, structures, sites, or other facilities
that are:
(A) listed on the National Register of Historic Placesestablished under 16 U.S.C. 470 et seq.; or
(B) listed on the register of Indiana historic sites and historicstructures established under IC 14-21-1;
regardless of the distance of the tourist attraction from the highwayon which the tourist attraction signage is placed.
(d) Criteria established under subsection (b) for tourist attractionsignage must include a category for a tourist attraction that is anestablishment licensed under IC 7.1-3-2-7(5).
(e) A person may not place, maintain, or display a flashing, arotating, or an alternating light, beacon, or other lighted device that:
(1) is visible from a highway; and
(2) may be mistaken for or confused with a traffic controldevice or for an authorized warning device on an emergencyvehicle.
(f) This section does not prohibit the erection, upon privateproperty adjacent to highways, of signs giving useful directionalinformation and of a type that cannot be mistaken for official signs.
As added by P.L.2-1991, SEC.9. Amended by P.L.229-2005, SEC.8;P.L.30-2007, SEC.1; P.L.94-2008, SEC.59.
IC 9-21-4-6
Advertising signs, signals, and devices; placement on or overroadway; prohibition; removal
Sec. 6. (a) A person may not place, maintain, or display anadvertising sign, signal, or device on or over the roadway of ahighway.
(b) A person may not place, maintain, or display an advertisingsign, signal, or device on a highway in a city between the curb andsidewalk. If the curb and sidewalk join, a person may not place,maintain, or display on the sidewalk an advertising sign, signal, ordevice closer than ten (10) feet from the curb line. Overhanging signsmay not overhang the curb.
(c) A person may not place, maintain, or display an advertisingsign or device of any character within one hundred (100) feet of ahighway outside the corporate limits of an incorporated city or townthat obstructs the view of:
(1) the highway; or
(2) an intersecting highway, street, alley, or private driveway;
of a person traveling the highway for a distance of five hundred(500) feet or less from the sign or device as the person approachesthe highway or intersecting highway.
(d) A person may not place, maintain, or display an advertisingsign or a device of a permanent or semipermanent character on ahighway right-of-way.
(e) Each sign, signal, or marking prohibited under this section isdeclared to be a public nuisance. The authority having jurisdictionover the highway may remove or cause to be removed the prohibitedsign, signal, or marking without notice.As added by P.L.2-1991, SEC.9.
IC 9-21-4-7
Designation or determination of the location of, necessity for, andextent of traffic control devices; order of department oftransportation; violation; trial; certification of order; permits
Sec. 7. (a) Whenever, under this article, the Indiana department oftransportation designates or determines the location of, necessity for,and extent of:
(1) traffic control devices;
(2) state speed limits, other than maximum limits;
(3) speed limits on elevated structures;
(4) no passing zones;
(5) one-way roadways;
(6) certain lanes for slow moving traffic;
(7) course of turning movements at intersections;
(8) dangerous railroad crossings requiring stops;
(9) through highways and stop intersections;
(10) angle parking; or
(11) restrictions on the use of highways for certain periods orfor certain vehicles, including low speed vehicles;
the designation or determination shall be by order of thecommissioner of the Indiana department of transportation and shall,except for subdivision (1), be evidenced by official signs or markingsunder this article.
(b) At a trial of a person charged with a violation of therestrictions imposed by subsection (a) and in all civil actions, oralevidence of the location and content of the signs or markings is primafacie evidence of the adoption and application of the restriction bythe Indiana department of transportation and the validity of theadoption and application of the restriction. The Indiana departmentof transportation shall, upon request by a party in an action at law,furnish, under the seal of the Indiana department of transportation,a certification of the order establishing the restriction in question. Acertification under this subsection shall be accepted by any court asconclusive proof of the designation or determination by thecommissioner of the Indiana department of transportation. Certifiedcopies shall be furnished without cost to the parties to a court actioninvolving the restriction upon request.
(c) Whenever, under this article, a permit or permission of theIndiana department of transportation is required, the permit must bein writing and under the seal of the Indiana department oftransportation.
As added by P.L.2-1991, SEC.9. Amended by P.L.21-2003, SEC.7.
IC 9-21-4-8
Rules of statewide application not evidenced by official signs andnot authorized by this article; adoption; use of administrative rules
Sec. 8. The rules for construction of private drives and controllingthe cutting of curbs in cities and any other rules of statewide
application that are:
(1) not evidenced by official signs or markings;
(2) made by the Indiana department of transportation; and
(3) not authorized by this article but authorized by otherstatutes;
shall be adopted under IC 4-22-2.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-9
Administrative rules; adoption of rules of statewide application;exceptions
Sec. 9. (a) Except as provided in subsections (b) and (c), all rulesof statewide application shall be adopted under IC 4-22-2.
(b) Traffic regulations carrying a penalty for violation andrequiring the use of signs or markers to make them effective need notbe adopted under IC 4-22-2.
(c) Traffic regulations, except maximum speed limits andworksite speed limits, shall be officially adopted by order of theIndiana department of transportation.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-10
Emergency rules; adoption under administrative rules provisions
Sec. 10. If the Indiana department of transportation designates arule under section 8 or 9 of this chapter as an emergency rule, thedepartment may adopt the rule under IC 4-22-2-37.1.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-11
Through highways; stop or yield intersections; designation;erection of signs
Sec. 11. The Indiana department of transportation, with referenceto state highways and highway routes through cities, and localauthorities, with reference to other highways under their jurisdiction,may, upon an engineering and traffic investigation, designate:
(1) through highways and erect stop or yield signs at specifiedentrances to the highways; or
(2) an intersection as a stop or yield intersection and erect stopor yield signs at one (1) or more entrances to the intersection.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-12
No passing zones and narrow bridges on state highways;designation; erection of signs
Sec. 12. (a) The Indiana department of transportation maydetermine by an engineering and traffic investigation those parts ofa state highway where overtaking and passing or driving to the leftof the roadway would be especially hazardous and may, byappropriate signs or marks on the roadway, indicate the beginningand end of the zones. (b) The Indiana department of transportation may determine thata bridge, a culvert, or an approach to a bridge or culvert on a statehighway does not have sufficient clear roadway width to safelypermit the passing of two (2) vehicles. A bridge or culvert describedin this subsection shall be designated a one-lane bridge or a narrowbridge.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-13
No passing zones; designation by local authorities; erection of signs
Sec. 13. A local unit that has responsibility for roads and streetsmay determine by an engineering and traffic investigation those partsof a road or street, including bridges, under the unit's jurisdictionwhere overtaking and passing or driving to the left of the roadwaywould be especially hazardous. Upon making that determination, thelocal unit may, by ordinance, designate no-passing zones byappropriate signs or marks on the roadway.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-14
One-way highways and streets; designation; erection of signs
Sec. 14. The Indiana department of transportation may designatea highway or separate roadway under the department's jurisdictionfor one-way traffic and shall erect appropriate signs giving notice ofthe designation.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-15
Repealed
(Repealed by P.L.81-1996, SEC.12.)
IC 9-21-4-16
Stopping at railroad crossings; procedure
Sec. 16. When a stop sign is erected at a railroad crossing, thedriver of a vehicle shall stop within fifty (50) feet but not less thanten (10) feet from the nearest track of the grade crossing and shallproceed only upon exercising due care.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-17
Preferential right-of-way at intersections; signs
Sec. 17. Whenever traffic at an intersection is controlled by signs,preferential right-of-way may be indicated by stop signs or yieldsigns under this chapter.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-18
Operation of motor vehicle; obeyance of markings or signs
Sec. 18. A person who drives a vehicle must obey the markings orsigns posted under this chapter.As added by P.L.2-1991, SEC.9.
IC 9-21-4-19
Violations; Class C infraction
Sec. 19. A person who violates section 4, 5, 6, 16, 17, or 18 of thischapter commits a Class C infraction.
As added by P.L.2-1991, SEC.9.
IC 9-21-4-20
Highway work zones; signage; penalties
Sec. 20. (a) For purposes of this section, "highway work zone" hasthe meaning set forth in IC 8-23-2-15.
(b) The Indiana department of transportation shall design andmanufacture or have manufactured signs that inform vehicleoperators of the offenses and penalties under:
(1) IC 9-21-5-11; and
(2) IC 9-21-8-56.
(c) A sign described in subsection (b) shall be posted at areasonable distance before a highway work zone by:
(1) the Indiana department of transportation;
(2) a political subdivision; or
(3) a contractor of the:
(A) Indiana department of transportation; or
(B) political subdivision;
that is working at the highway work zone.
A sign that is posted before a highway work zone must be posted inaccordance with the Indiana Manual on Uniform Traffic ControlDevices or the Indiana Work Site Traffic Control Manual.
As added by P.L.40-2007, SEC.1.