CHAPTER 5. SPEED LIMITS
IC 9-21-5
Chapter 5. Speed Limits
IC 9-21-5-1
General restrictions
Sec. 1. A person may not drive a vehicle on a highway at a speedgreater than is reasonable and prudent under the conditions, havingregard to the actual and potential hazards then existing. Speed shallbe restricted as necessary to avoid colliding with a person, vehicle,or other conveyance on, near, or entering a highway in compliancewith legal requirements and with the duty of all persons to use duecare.
As added by P.L.2-1991, SEC.9.
IC 9-21-5-2
Maximum speed limits
Sec. 2. Except when a special hazard exists that requires lowerspeed for compliance with section 1 of this chapter, the slower speedlimit specified in this section or established as authorized by section3 of this chapter is the maximum lawful speed. A person may notdrive a vehicle on a highway at a speed in excess of the followingmaximum limits:
(1) Thirty (30) miles per hour in an urban district.
(2) Fifty-five (55) miles per hour, except as provided insubdivisions (1), (3), (4), (5), (6), and (7).
(3) Seventy (70) miles per hour on a highway on the nationalsystem of interstate and defense highways located outside of anurbanized area (as defined in 23 U.S.C. 101) with a populationof at least fifty thousand (50,000), except as provided insubdivision (4).
(4) Sixty-five (65) miles per hour for a vehicle (other than abus) having a declared gross weight greater than twenty-sixthousand (26,000) pounds on a highway on the national systemof interstate and defense highways located outside an urbanizedarea (as defined in 23 U.S.C. 101) with a population of at leastfifty thousand (50,000).
(5) Sixty-five (65) miles per hour on:
(A) U.S. 20 from the intersection of U.S. 20 and CountyRoad 17 in Elkhart County to the intersection of U.S. 20 andU.S. 31 in St. Joseph County;
(B) U.S. 31 from the intersection of U.S. 31 and U.S. 20 inSt. Joseph County to the boundary line between Indiana andMichigan; and
(C) a highway classified by the Indiana department oftransportation as an INDOT Freeway.
(6) On a highway that is the responsibility of the Indianafinance authority established by IC 4-4-11:
(A) seventy (70) miles per hour for:
(i) a motor vehicle having a declared gross weight of notmore than twenty-six thousand (26,000) pounds; or (ii) a bus; or
(B) sixty-five (65) miles per hour for a motor vehicle havinga declared gross weight greater than twenty-six thousand(26,000) pounds.
(7) Sixty (60) miles per hour on a highway that:
(A) is not designated as a part of the national system ofinterstate and defense highways;
(B) has four (4) or more lanes;
(C) is divided into two (2) or more roadways by:
(i) an intervening space that is unimproved and notintended for vehicular travel;
(ii) a physical barrier; or
(iii) a dividing section constructed to impede vehiculartraffic; and
(D) is located outside an urbanized area (as defined in 23U.S.C. 101) with a population of at least fifty thousand(50,000).
(8) Fifteen (15) miles per hour in an alley.
As added by P.L.2-1991, SEC.9. Amended by P.L.92-1991, SEC.2;P.L.1-1993, SEC.56; P.L.151-2005, SEC.2; P.L.1-2006, SEC.163.
IC 9-21-5-3
Alteration of maximum speed limits; authorities; procedures
Sec. 3. The maximum speed limits set forth in section 2 of thischapter may be altered as follows:
(1) By local jurisdictions under section 6 of this chapter.
(2) By the Indiana department of transportation under section12 of this chapter.
(3) For the purposes of speed limits on a highway on thenational system of interstate and defense highways, by order ofthe commissioner of the Indiana department of transportation toconform to any federal regulation concerning state speed limitlaws.
(4) In worksites, by all jurisdictions under section 11 of thischapter.
As added by P.L.2-1991, SEC.9. Amended by P.L.235-2005,SEC.124; P.L.151-2005, SEC.3; P.L.1-2006, SEC.164.
IC 9-21-5-4
Reduction of speed; conditions where required
Sec. 4. The driver of each vehicle shall, consistent with section 1of this chapter, drive at an appropriate reduced speed as follows:
(1) When approaching and crossing an intersection or railwaygrade crossing.
(2) When approaching and going around a curve.
(3) When approaching a hill crest.
(4) When traveling upon a narrow or winding roadway.
(5) When special hazard exists with respect to pedestrians orother traffic or by reason of weather or highway conditions.
As added by P.L.2-1991, SEC.9.
IC 9-21-5-5
Oversized vehicles
Sec. 5. In addition to the other limitations in this chapter, and inany oversize vehicle permit issued under IC 9-20, a vehicle thatexceeds:
(1) a width of ten (10) feet, six (6) inches;
(2) a height of thirteen (13) feet, six (6) inches; or
(3) a length of eighty-five (85) feet;
may not be operated at a speed greater than fifty-five (55) miles perhour.
As added by P.L.2-1991, SEC.9. Amended by P.L.85-1997, SEC.2;P.L.217-2003, SEC.7.
IC 9-21-5-6
Speed limits greater or lesser than reasonable; alteration by localauthority; engineering and traffic investigations; validity of speedlimits; conditions
Sec. 6. (a) Except as provided in subsections (e) and (f), whenevera local authority in the authority's jurisdiction determines that themaximum speed permitted under this chapter is greater or less thanreasonable and safe under the conditions found to exist on a highwayor part of a highway, the local authority may determine and declarea reasonable and safe maximum limit on the highway. The maximumlimit declared under this section may do any of the following:
(1) Decrease the limit within urban districts, but not to less thantwenty (20) miles per hour.
(2) Increase the limit within an urban district, but not to morethan fifty-five (55) miles per hour during daytime and fifty (50)miles per hour during nighttime.
(3) Decrease the limit outside an urban district, but not to lessthan thirty (30) miles per hour.
(4) Decrease the limit in an alley, but to not less than five (5)miles per hour.
(5) Increase the limit in an alley, but to not more than thirty (30)miles per hour.
The local authority must perform an engineering and trafficinvestigation before a determination may be made to change a speedlimit under subdivision (2), (3), (4), or (5) or before the speed limitwithin an urban district may be decreased to less than twenty-five(25) miles per hour under subdivision (1).
(b) Except as provided in subsection (f), a local authority in theauthority's jurisdiction shall determine by an engineering and trafficinvestigation the proper maximum speed for all local streets and shalldeclare a reasonable and safe maximum speed permitted under thischapter for an urban district. However, an engineering and trafficstudy is not required to be performed for the local streets in an urbandistrict under this subsection if the local authority determines that theproper maximum speed in the urban district is not less thantwenty-five (25) miles per hour.
(c) An altered limit established under this section is effective at
all times or during hours of darkness or at other times as may bedetermined when appropriate signs giving notice of the altered limitare erected on the street or highway.
(d) Except as provided in this subsection, a local authority maynot alter a speed limit on a highway or extension of a highway in thestate highway system. A city or town may establish speed limits onstate highways upon which a school is located. However, a speedlimit established under this subsection is valid only if the followingconditions exist:
(1) The limit is not less than twenty (20) miles per hour.
(2) The limit is imposed only in the immediate vicinity of theschool.
(3) Children are present.
(4) The speed zone is properly signed. After June 30, 2011,there must be:
(A) a sign located:
(i) where the reduced speed zone begins; or
(ii) as near as practical to the point where the reducedspeed zone begins;
indicating the reduced speed limit; and
(B) a sign located at the end of the reduced speed zoneindicating:
(i) the speed limit for the section of highway that follows;or
(ii) the end of the reduced speed zone.
(5) The Indiana department of transportation has been notifiedof the limit imposed by certified mail.
(e) A local authority may decrease a limit on a street to not lessthan fifteen (15) miles per hour if the following conditions exist:
(1) The street is located within a park or playground establishedunder IC 36-10.
(2) The:
(A) board established under IC 36-10-3;
(B) board established under IC 36-10-4; or
(C) park authority established under IC 36-10-5;
requests the local authority to decrease the limit.
(3) The speed zone is properly signed.
(f) A city, town, or county may establish speed limits on a streetor highway upon which a school is located if the street or highwayis under the jurisdiction of the city, town, or county, respectively.However, a speed limit established under this subsection is valid onlyif the following conditions exist:
(1) The limit is not less than:
(A) twenty (20) miles per hour within an urban district; and
(B) thirty (30) miles per hour outside an urban district.
(2) The limit is imposed only in the immediate vicinity of theschool.
(3) Children are present.
(4) The speed zone is properly signed. After June 30, 2011,there must be: (A) a sign located:
(i) where the reduced speed zone begins; or
(ii) as near as practical to the point where the reducedspeed zone begins;
indicating the reduced speed limit; and
(B) a sign located at the end of the reduced speed zoneindicating the end of the reduced speed zone.
As added by P.L.2-1991, SEC.9. Amended by P.L.92-1991, SEC.3;P.L.1-1992, SEC.50; P.L.126-1993, SEC.1; P.L.169-2006, SEC.32;P.L.138-2009, SEC.2.
IC 9-21-5-7
Reduction of speed; impeding normal and reasonable movement;right-of-way to other vehicles
Sec. 7. A person may not drive a motor vehicle at a slow speedthat impedes or blocks the normal and reasonable movement oftraffic, except when reduced speed is necessary for safe operation orin compliance with the law. A person who is driving at a slow speedso that three (3) or more other vehicles are blocked and cannot passon the left around the vehicle shall give right-of-way to the othervehicles by pulling off to the right of the right lane at the earliestreasonable opportunity and allowing the blocked vehicles to pass.
As added by P.L.2-1991, SEC.9.
IC 9-21-5-8
Minimum speed limits
Sec. 8. Whenever the Indiana department of transportation withinthe department's jurisdiction or a local authority within theauthority's jurisdiction determines, based on an engineering andtraffic investigation, that slow speeds on a part of a highwayconsistently impede the normal and reasonable movement of traffic,the Indiana department of transportation or local authority maydetermine and declare a minimum speed limit below which a personmay not drive a vehicle except when necessary for safe operation orin compliance with law. A limit determined under this subsection anddeclared by appropriate resolution, regulation, or ordinance becomeseffective when appropriate sign or signals giving notice of the limitof speed are erected along the affected part of a highway.
As added by P.L.2-1991, SEC.9.
IC 9-21-5-8.5
Low speed vehicles
Sec. 8.5. A person may not drive a low speed vehicle on ahighway that has a speed limit in excess of thirty-five (35) miles perhour.
As added by P.L.21-2003, SEC.8.
IC 9-21-5-9
Vehicles traveling at reduced speeds; use of right lane
Sec. 9. A vehicle that travels at a speed less than the established
maximum shall travel in the right lanes to provide for better flow oftraffic on the interstate highways.
As added by P.L.2-1991, SEC.9.
IC 9-21-5-10
Bridges and elevated structures; maximum speed; safetyinvestigation; posting of signs; violations; conclusive evidence
Sec. 10. (a) A person may not drive a vehicle over a bridge orother elevated structure constituting a part of a highway at a speedthat is greater than the maximum speed that can be maintained withsafety to the bridge or structure, when the structure is signposted asprovided in this section.
(b) The Indiana department of transportation may conduct aninvestigation of a bridge or other elevated structure constituting apart of a highway. If the Indiana department of transportation findsthat the structure cannot with safety to the structure withstandvehicles traveling at the speed otherwise permissible under thischapter, the Indiana department of transportation shall determine anddeclare the maximum speed of vehicles that the structure canwithstand. The Indiana department of transportation shall cause orpermit suitable signs stating the maximum speed to be erected andmaintained at a distance of one hundred (100) feet or as near aspracticable before each end of the structure.
(c) Upon the trial of a person charged with a violation of thissection, proof of the determination of the maximum speed by theIndiana department of transportation and the existence of signserected under subsection (b) constitutes conclusive evidence of themaximum speed that can be maintained with safety to the bridge orstructure.
As added by P.L.2-1991, SEC.9.
IC 9-21-5-11
Temporary maximum speed limits; worksite speed limits; penalties
Sec. 11. (a) Subject to subsection (b), the Indiana department oftransportation, the Indiana finance authority, or a local authority mayestablish temporary maximum speed limits in their respectivejurisdictions and in the vicinity of a worksite without conducting anengineering study and investigation required under this article. Theestablishing authority shall post signs notifying the traveling publicof the temporary maximum speed limits established under thissection.
(b) Worksite speed limits set under this section must be ten (10)miles below the maximum established speed limit. A worksite speedlimit may not exceed forty-five (45) miles per hour in any location.
(c) A worksite speed limit set under this section may be enforcedonly if:
(1) workers are present in the immediate vicinity of theworksite; or
(2) if workers are not present in the immediate vicinity of theworksite, the establishing authority determines that the safety
of the traveling public requires enforcement of the worksitespeed limit.
(d) Notwithstanding IC 34-28-5-4(b), a judgment for theinfraction of violating a speed limit set under this section must beentered as follows:
(1) If the person has not previously committed the infraction ofviolating a speed limit set under this section, a judgment of atleast three hundred dollars ($300).
(2) If the person has committed one (1) infraction of violatinga speed limit set under this section in the previous three (3)years, a judgment of at least five hundred dollars ($500).
(3) If the person has committed two (2) or more infractions ofviolating a speed limit set under this section in the previousthree (3) years, a judgment of one thousand dollars ($1,000).
(e) Notwithstanding IC 34-28-5-5(c), the funds collected asjudgments for the infraction of violating a speed limit set under thissection shall be transferred to the Indiana department oftransportation to pay the costs of hiring off duty police officers toperform the duties described in IC 8-23-2-15(b).
As added by P.L.2-1991, SEC.9. Amended by P.L.116-2001, SEC.1;P.L.235-2005, SEC.125; P.L.40-2007, SEC.2.
IC 9-21-5-12
Maximum speeds greater or less than what is reasonably safe;declaration of new limit; variable limits based on time of day, typesof vehicles, weather, and other factors
Sec. 12. (a) Whenever the Indiana department of transportationdetermines on the basis of an engineering and traffic investigationthat a maximum speed set forth in this chapter is greater or less thanis reasonable or safe under the conditions found to exist at anintersection or other place or on part of the state highway system, theIndiana department of transportation may determine and declare areasonable and safe maximum limit at the intersection or on the partof the state highway system. The differing limit is effective whenappropriate signs giving notice of the limit are erected.
(b) A maximum speed limit under this section may be declared tobe effective at all times or at times indicated on the signs. Differinglimits may be established for different times of day, different typesof vehicles, varying weather conditions, and other factors bearing onsafe speeds. The differing limits are effective when posted onappropriate fixed or variable signs.
As added by P.L.2-1991, SEC.9.
IC 9-21-5-13
Violations
Sec. 13. (a) Except as provided in subsections (b) and (c), aperson who violates this chapter commits a Class C infraction.
(b) A person who exceeds a speed limit that is:
(1) established under section 6 of this chapter and imposed onlyin the immediate vicinity of a school when children are present;
or
(2) established under section 11 of this chapter and imposedonly in the immediate vicinity of a worksite when workers arepresent;
commits a Class B infraction.
(c) A person who while operating a school bus knowingly orintentionally exceeds a speed limit set forth in section 14 of thischapter commits a Class C misdemeanor.
As added by P.L.2-1991, SEC.9. Amended by P.L.42-2000, SEC.1;P.L.116-2001, SEC.2; P.L.1-2005, SEC.23; P.L.231-2005, SEC.2.
IC 9-21-5-14
Maximum speed of school buses and special purpose buses
Sec. 14. (a) A person may not operate a school bus or a specialpurpose bus at a speed greater than:
(1) sixty (60) miles per hour on a federal or state highway; or
(2) forty (40) miles per hour on a county or township highway.
(b) If the posted speed limit is lower than the absolute limits setin this section or if the absolute limits do not apply, the maximumlawful speed of a bus is the posted speed limit.
As added by P.L.1-2005, SEC.24. Amended by P.L.107-2006, SEC.2;P.L.114-2007, SEC.2.