CHAPTER 8. VEHICLE OPERATION
IC 9-21-8
Chapter 8. Vehicle Operation
IC 9-21-8-1
Failure to comply with lawful order or law enforcement officer
Sec. 1. It is unlawful for a person to knowingly fail to complywith a lawful order or direction of a law enforcement officer investedby law with authority to direct, control, or regulate traffic.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-2
Roadways; use of right half; exceptions; traveling at reducedspeeds
Sec. 2. (a) Upon all roadways of sufficient width, a vehicle shallbe driven upon the right half of the roadway except as follows:
(1) When overtaking and passing another vehicle proceeding inthe same direction under the rules governing overtaking andpassing.
(2) When the right half of a roadway is closed to traffic underconstruction or repair.
(3) Upon a roadway divided into three (3) marked lanes fortraffic under the rules applicable to a roadway divided into three(3) marked lanes.
(4) Upon a roadway designated and signposted for one-waytraffic.
(b) Upon all roadways, a vehicle proceeding at less than thenormal speed of traffic at the time and place under the conditionsthen existing shall be driven:
(1) in the right-hand lane then available for traffic; or
(2) as close as practicable to the right-hand curb or edge of theroadway;
except when overtaking and passing another vehicle proceeding inthe same direction or when preparing for a left turn at an intersectionor into a private road or driveway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-3
Lane use restrictions
Sec. 3. (a) The Indiana department of transportation may adoptrules to restrict the operation of a truck to a certain lane or lanes ofa state maintained highway and to a certain lane or lanes of a streetof a city or town that is a part of the state highway system and ismaintained by the state.
(b) The Indiana department of transportation may post a statehighway or a city or town street that is a part of the state highwaysystem with appropriate directional signs and signals.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-4
Vehicles proceeding in opposite directions; single lane roadways;
passing
Sec. 4. The persons who drive vehicles proceeding in oppositedirections shall pass each other to the right. Upon roadways havingwidth for not more than one (1) lane of traffic in each direction, eachperson who drives a vehicle subject to this section shall give to theother person who drives a vehicle at least one-half (1/2) of the maintraveled part of the roadway as nearly as possible.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-5
Overtaking and passing; limitations; exceptions
Sec. 5. The following rules govern the overtaking and passing ofvehicles proceeding in the same direction, subject to the limitations,exceptions, and special rules stated:
(1) A person who drives a vehicle overtaking another vehicleproceeding in the same direction shall pass to the left of theother vehicle at a safe distance and may not again drive to theright side of the roadway until safely clear of the overtakenvehicle.
(2) Except when overtaking and passing on the right ispermitted, a person who drives an overtaken vehicle shall giveway to the right in favor of the overtaking vehicle on audiblesignal and may not increase the speed of the overtaken vehicleuntil completely passed by the overtaking vehicle.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-6
Overtaking and passing on the right; conditions
Sec. 6. (a) A person who drives a vehicle may overtake and passupon the right of another vehicle only under the followingconditions:
(1) When the vehicle overtaken is making or about to make aleft turn.
(2) Upon a roadway with unobstructed pavement of sufficientwidth for two (2) or more lanes of vehicles moving lawfully inthe direction being traveled by the overtaking vehicle.
(b) A person who drives a vehicle may overtake and pass anothervehicle upon the right only under conditions that permit overtakingupon the right in safety. Overtaking upon the right may not be madeby driving off the roadway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-7
Overtaking and passing on the left; conditions
Sec. 7. A vehicle may not be driven to the left side of the centerof the roadway in overtaking and passing another vehicle proceedingin the same direction unless the left side of the roadway is clearlyvisible and is free of oncoming traffic for a sufficient distance aheadto permit the overtaking and passing to be completely made withoutinterfering with the safe operation of a vehicle approaching from the
opposite direction or a vehicle overtaken. The overtaking vehiclemust return to the right-hand side of the roadway before comingwithin one hundred (100) feet of a vehicle approaching from theopposite direction.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-7.5
Overtaking and passing; worksite no passing zones
Sec. 7.5. (a) This section applies to a worksite:
(1) upon a highway divided into two (2) or more marked lanesfor traffic moving in the same direction; and
(2) for which vehicles are instructed to merge from one (1) laneinto another lane by an appropriate sign.
(b) A person who drives a vehicle may not pass another vehiclethat is in the lane into which traffic is directed to merge within theposted no passing zone established by the Indiana department oftransportation.
As added by P.L.75-1999, SEC.2.
IC 9-21-8-8
Driving to the left side of the roadway; conditions
Sec. 8. (a) This section does not apply to a one-way roadway.
(b) A vehicle may not be driven to the left side of the roadwayunder the following conditions:
(1) When approaching the crest of a grade or upon a curve inthe highway where the view of the person who drives thevehicle is obstructed within a distance that creates a hazard ifanother vehicle might approach from the opposite direction.
(2) When approaching within one hundred (100) feet of ortraversing an intersection or a railroad grade crossing.
(3) When the view is obstructed upon approaching within onehundred (100) feet of a bridge, viaduct, or tunnel.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-9
One-way streets
Sec. 9. A vehicle shall be driven upon a roadway designated andsignposted for one-way traffic only in the direction designated.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-10
Rotary traffic islands
Sec. 10. A vehicle passing around a rotary traffic island shall bedriven only to the right of the rotary traffic island.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-11
Roadways divided into three or more clearly marked lanes; rules
Sec. 11. Whenever a roadway has been divided into three (3) ormore clearly marked lanes for traffic, the following rules apply: (1) A vehicle shall be driven as nearly as practicable entirelywithin a single lane and may not be moved from the lane untilthe person who drives the vehicle has first ascertained that themovement can be made with safety.
(2) Upon a roadway that is divided into three (3) lanes, avehicle may not be driven in the center lane except under any ofthe following conditions:
(A) When overtaking and passing another vehicle where theroadway is clearly visible and the center lane is clear oftraffic within a safe distance.
(B) In preparation for a left turn.
(C) Where the center lane is at the time allocated exclusivelyto traffic moving in the direction the vehicle is proceedingand is signposted to give notice of the allocation.
(3) Official signs may be erected directing slow-moving trafficto use a designated lane or allocating specified lanes to trafficmoving in the same direction. A person who drives a vehicleshall obey the directions of each sign.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-12
Interstate highways; lane use restrictions for trucks
Sec. 12. Except when passing a slower vehicle, entering or leavinga highway, or where a special hazard exists that requires, for safetyreasons, the use of an alternate lane, a person may not operate atruck, truck tractor, road tractor, trailer, semitrailer, or pole trailer onan interstate highway in any lane except the far right lane.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-13
Interstate highways consisting of at least three lanes; lane userestrictions for trucks
Sec. 13. Except when entering or leaving a highway or where aspecial hazard exists that requires, for safety reasons, the use of analternate lane, a person may not operate a truck, truck tractor, roadtractor, trailer, semitrailer, or pole trailer on an interstate highwayconsisting of at least three (3) lanes in one (1) direction in any laneother than the two (2) far right lanes.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-14
Following other vehicles; distance restrictions
Sec. 14. A person who drives a motor vehicle may not followanother vehicle more closely than is reasonable and prudent, havingdue regard for the speed of both vehicles, the time interval betweenvehicles, and the condition of the highway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-15
Trucks and tractor-trailers; following other trucks; distance
restrictions
Sec. 15. Except when overtaking and passing, a person who drivesa motor truck, motor truck drawing another vehicle, or tractor-trailercombination, when traveling upon a roadway outside of a businessor residence district or upon a roadway that is a part of the interstatehighway system, whether within or without a business or residencedistrict, may not follow within three hundred (300) feet of anothermotor truck, motor truck drawing another vehicle, or a tractor-trailercombination.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-16
Caravans and motorcades; distance between vehicles; exceptions
Sec. 16. (a) This section does not apply to funeral or marchingband processions.
(b) Motor vehicles being driven upon a roadway outside of abusiness or residence district in a caravan or motorcade, whether ornot towing other vehicles, must be operated to allow sufficient spacebetween each vehicle or combination of vehicles to enable anothervehicle to enter and occupy the space without danger.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-17
Divided highways; restrictions
Sec. 17. Whenever a highway has been divided into two (2)roadways by:
(1) leaving an intervening space;
(2) a physical barrier; or
(3) a clearly indicated dividing section constructed to impedevehicular traffic;
a vehicle shall be driven only upon the right-hand roadway. Avehicle may not be driven over, across, or within a dividing space,barrier, or section, except through an opening in the physical barrier,dividing section, or space or at a crossover or an intersectionestablished by public authority.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-18
Limited access facilities; entrance and exit to and from
Sec. 18. A person may not drive a vehicle onto or from a limitedaccess facility except at entrances and exits that are established bythe public authority in control of the roadway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-19
Freeways and interstate highways; entrance and exit to and from;special crossovers; "U" turns
Sec. 19. A person may not drive a vehicle onto or from a freewayor the interstate highway system except at entrances and exits thatare established by the public authority in control of the highway.
Whenever special crossovers between the main roadways of afreeway or the interstate highway system are provided for emergencyvehicles or maintenance equipment only, the freeway or interstatehighway system shall be posted prohibiting "U" turns. A person whodrives a vehicle, except an emergency vehicle or maintenanceequipment, may not use the crossovers or make a "U" turn anywhereon the freeway or interstate highway system.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-20
Pedestrians, bicycles, and other nonmotorized traffic; prohibitionon use of highways
Sec. 20. The Indiana department of transportation may byresolution or order entered in its minutes, and local authorities mayby ordinance, with respect to any freeway or interstate highwaysystem under their respective jurisdictions, prohibit the use of ahighway by pedestrians, bicycles, or other nonmotorized traffic or bya person operating a motor-driven cycle. The Indiana department oftransportation or the local authority adopting a prohibiting regulationshall erect and maintain official signs on the freeway or interstatehighway system on which the regulations are applicable. If signs areerected, a person may not disobey the restrictions stated on the signs.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-21
Intersections; right and left turns
Sec. 21. (a) A person who drives a vehicle intending to turn at anintersection must do the following:
(1) Make both the approach for a right turn and a right turn asclose as practical to the right-hand curb or edge of the roadway.
(2) Make an approach for a left turn in that part of the right halfof the roadway nearest the center line of the roadway. Afterentering the intersection, the person who drives a vehicle mustmake the left turn so as to leave the intersection to the right ofthe center line of the roadway being entered.
(3) Make an approach for a left turn from a two-way street intoa one-way street in that part of the right half of the roadwaynearest the center line of the roadway and pass to the right ofthe center line where the center line enters the intersection.
(4) Make a left turn from a one-way street into a two-way streetby passing to the right of the center line of the street beingentered upon leaving the intersection.
(5) Where both streets or roadways are one way, make both theapproach for a left turn and a left turn as close as practicable tothe left-hand curb or edge of the roadway.
(b) The Indiana department of transportation and local authoritiesin their respective jurisdictions may cause markers, buttons, or signsto be placed within or adjacent to intersections requiring anddirecting that a different course from that specified in this section betraveled by vehicles turning at an intersection. When markers,
buttons, or signs are placed under this subsection, a person whodrives a vehicle may not turn the vehicle at an intersection other thanas directed and required by the markers, buttons, or signs.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-22
Grades; proceeding in opposite direction on approach to crest
Sec. 22. A vehicle may not be turned so as to proceed in theopposite direction upon any curve, or upon the approach to, or nearthe crest of a grade, where the vehicle cannot be seen by the personwho drives any other vehicle approaching from either directionwithin seven hundred fifty (750) feet.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-23
Starting a vehicle that is stopped, standing, or parked
Sec. 23. A person may not start a vehicle that is stopped, standing,or parked until the movement can be made with reasonable safety.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-24
Slowing down, turning from a direct course, and changing lanes;performance with reasonable safety; signal
Sec. 24. A person may not:
(1) slow down or stop a vehicle;
(2) turn a vehicle from a direct course upon a highway; or
(3) change from one (1) traffic lane to another;
unless the movement can be made with reasonable safety. Beforemaking a movement described in this section, a person shall give aclearly audible signal by sounding the horn if any pedestrian may beaffected by the movement and give an appropriate stop or turn signalin the manner provided in sections 27 through 28 of this chapter ifany other vehicle may be affected by the movement.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-25
Turn signals
Sec. 25. A signal of intention to turn right or left shall be givencontinuously during not less than the last two hundred (200) feettraveled by a vehicle before turning or changing lanes. A vehicletraveling in a speed zone of at least fifty (50) miles per hour shallgive a signal continuously for not less than the last three hundred(300) feet traveled by the vehicle before turning or changing lanes.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-26
Stopping or sudden decrease in speed; signal
Sec. 26. A person may not stop or suddenly decrease the speed ofa vehicle without first giving an appropriate signal to a person whodrives a vehicle immediately to the rear when there is opportunity to
give a signal.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-27
Stop or turn signals; hand or arm signals; signal lamps; exceptionfor farm equipment; highway travel
Sec. 27. (a) Except as provided in subsection (b), a stop or turnsignal required under this chapter may be given by means of the handand arm or by a signal lamp or lamps or mechanical signal device.
(b) This subsection does not apply to farm tractors andimplements of agriculture designed to be operated primarily in a farmfield or on farm premises. A motor vehicle in use on a highway mustbe equipped with and a required signal shall be given by a signallamp or lamps or mechanical signal device when either of thefollowing conditions exist:
(1) The distance from the center of the top of the steering postto the left outside limit of the body, cab, or load of the motorvehicle exceeds twenty-four (24) inches.
(2) The distance from the center of the top of the steering postto the rear limit of the body or load of the motor vehicleexceeds fourteen (14) feet. This measurement applies to a singlevehicle and a combination of vehicles.
As added by P.L.2-1991, SEC.9. Amended by P.L.210-2005, SEC.33.
IC 9-21-8-28
Hand and arm signals; left turn; right turn; decrease in speed
Sec. 28. All signals required under this chapter may be given byhand and arm. A signal given under this section shall be given fromthe left side of the vehicle in the following manner:
(1) A left turn is indicated by extending the hand and armhorizontally.
(2) A right turn is indicated by extending the hand and armupward.
(3) A stop or decreased speed is indicated by extending thehand and arm downward.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-29
Intersections; vehicles approaching from different highways; yieldof right-of-way
Sec. 29. Except when approaching through highways and areas inwhich signs are posted giving other instructions, when two (2)vehicles approach or enter an intersection from different highwaysat approximately the same time, the person who drives the vehicle onthe left shall yield the right-of-way to the vehicle on the right.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-30
Intersections; vehicles approaching from opposite directions; yieldof right-of-way Sec. 30. A person who drives a vehicle within an intersectionintending to turn to the left shall yield the right-of-way to a vehicleapproaching from the opposite direction that is within theintersection or so close to the intersection as to constitute animmediate hazard. After yielding and giving a signal as required bythis chapter, the person who drives the vehicle may make the leftturn, and the persons who drive other vehicles approaching theintersection from the opposite direction shall yield the right-of-wayto the vehicle making the left turn.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-31
Entrance to through highways; stopping; yield of right-of-way
Sec. 31. (a) A person who drives a vehicle shall do the following:
(1) Stop as required under this article at the entrance to athrough highway.
(2) Yield the right-of-way to other vehicles that have enteredthe intersection from the through highway or that areapproaching so closely on the through highway as to constitutean immediate hazard.
(b) After yielding as described in subsection (a)(2), the personwho drives a vehicle may proceed and persons who drive othervehicles approaching the intersection on the through highway shallyield the right-of-way to the vehicle proceeding into or across thethrough highway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-32
Stop signs at intersections; duty to obey
Sec. 32. A person who drives a vehicle shall stop at anintersection where a stop sign is erected at one (1) or more entrancesto a through highway that are not a part of the through highway andproceed cautiously, yielding to vehicles that are not required to stop.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-33
Yield signs; collision with pedestrian or vehicle
Sec. 33. (a) A person who drives a vehicle approaching a yieldsign shall slow down to a speed reasonable for the existingconditions or stop if necessary. The person shall yield theright-of-way to a pedestrian legally crossing the roadway and to avehicle in the intersection or approaching on another highway soclosely as to present an immediate hazard. After yielding, the personmay proceed, and all other vehicles approaching the intersectionshall yield to the vehicle proceeding.
(b) If a person who drives a vehicle is involved in a collision witha pedestrian in a crosswalk or a vehicle in the intersection afterdriving past a yield sign without stopping, the collision is consideredprima facie evidence of the person's failure to yield the right-of-way.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-34
Entrance to highway from private road or driveway; yield ofright-of-way
Sec. 34. A person who drives a vehicle that is about to enter orcross a highway from a private road or driveway shall yield theright-of-way to all vehicles approaching on the highway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-35
Emergency vehicles; yield of right-of-way
Sec. 35. (a) Upon the immediate approach of an authorizedemergency vehicle, when the person who drives the authorizedemergency vehicle is giving audible signal by siren or displayingalternately flashing red, red and white, or red and blue lights, aperson who drives another vehicle shall do the following unlessotherwise directed by a law enforcement officer:
(1) Yield the right-of-way.
(2) Immediately drive to a position parallel to and as close aspossible to the right-hand edge or curb of the highway clear ofany intersection.
(3) Stop and remain in the position until the authorizedemergency vehicle has passed.
(b) Upon approaching a stationary authorized emergency vehicle,when the authorized emergency vehicle is giving a signal bydisplaying alternately flashing red, red and white, or red and bluelights, a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way bymaking a lane change into a lane not adjacent to that of theauthorized emergency vehicle, if possible with due regard tosafety and traffic conditions, if on a highway having at leastfour (4) lanes with not less than two (2) lanes proceeding in thesame direction as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicleto a speed at least ten (10) miles per hour less than the postedspeed limit, maintaining a safe speed for road conditions, ifchanging lanes would be impossible or unsafe.
(c) Upon approaching a stationary recovery vehicle, a stationaryutility service vehicle (as defined in IC 8-1-8.3-5), or a stationaryroad, street, or highway maintenance vehicle, when the vehicle isgiving a signal by displaying alternately flashing amber lights, aperson who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way bymaking a lane change into a lane not adjacent to that of therecovery vehicle, utility service vehicle, or road, street, orhighway maintenance vehicle, if possible with due regard tosafety and traffic conditions, if on a highway having at leastfour (4) lanes with not less than two (2) lanes proceeding in thesame direction as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicleto a speed at least ten (10) miles per hour less than the posted
speed limit, maintaining a safe speed for road conditions, ifchanging lanes would be impossible or unsafe.
(d) This section does not operate to relieve the person who drivesan authorized emergency vehicle, a recovery vehicle, a utility servicevehicle, or a road, street, or highway maintenance vehicle from theduty to operate the vehicle with due regard for the safety of allpersons using the highway.
As added by P.L.2-1991, SEC.9. Amended by P.L.18-1999, SEC.1;P.L.39-2000, SEC.7; P.L.1-2001, SEC.6; P.L.14-2010, SEC.1.
IC 9-21-8-36
Traffic control signals not in operation
Sec. 36. Except as provided in IC 9-21-17-8, when traffic controlsignals are not in place or not in operation, a person who drives avehicle shall yield the right-of-way, slowing down or stopping ifnecessary to yield, to a pedestrian crossing the roadway within acrosswalk when the pedestrian is upon the half of the roadway uponwhich the vehicle is traveling or when the pedestrian is approachingclosely from the opposite half of the roadway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-37
Pedestrians and children; due care; caution
Sec. 37. Notwithstanding other provisions of this article or a localordinance, a person who drives a vehicle shall do the following:
(1) Exercise due care to avoid colliding with a pedestrian or aperson propelling a human powered vehicle, giving an audiblesignal when necessary.
(2) Exercise proper caution upon observing a child or anobviously confused, incapacitated, or intoxicated person.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-38
Safety zones
Sec. 38. A vehicle may not be driven through or within a safetyzone.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-39
Railroad grade crossings
Sec. 39. Whenever a person who drives a vehicle approaches arailroad grade crossing, the person shall stop within fifty (50) feetbut not less than fifteen (15) feet from the nearest track of therailroad and may not proceed until the person can do so safely underthe following circumstances:
(1) When a clearly visible electric or mechanical signal devicegives warning of the immediate approach of a train or otheron-track equipment.
(2) When a crossing gate is lowered or when a human flagmangives or continues to give a signal of the approach or passage of
a train or other on-track equipment.
(3) When a railroad train or other on-track equipmentapproaching within one thousand five hundred (1,500) feet ofa highway crossing emits an audible signal and because ofspeed or nearness to the crossing is an immediate hazard.
(4) When an approaching train or other on-track equipment isplainly visible and is in hazardous proximity to the crossing.
As added by P.L.2-1991, SEC.9. Amended by P.L.119-1995, SEC.6;P.L.8-2010, SEC.3.
IC 9-21-8-40
Heavy equipment or structures; railroad grade crossings; notice;procedure
Sec. 40. (a) A person may not operate or move a caterpillartractor, steam shovel, derrick, roller, or any equipment or structureweighing more than ten (10) tons and having a normal operatingspeed of not more than six (6) miles per hour or a vertical body orload clearance of less than nine (9) inches above the level surface ofa roadway upon or across tracks at a railroad grade crossing withoutfirst complying with this section.
(b) Notice of an intended crossing under this section shall begiven to a superintendent of the railroad, and a reasonable time shallbe given to the railroad to provide proper protection at the crossing.
(c) Before making a crossing under this section, the personoperating or moving a vehicle or equipment described in subsection(a) shall first stop the vehicle or equipment not less than ten (10) feetand not more than fifty (50) feet from the nearest rail or the railway.While stopped, the person shall listen and look in both directionsalong the track for an approaching train or other on-track equipmentand for signals indicating the approach of a train or other on-trackequipment. The person shall not proceed until the crossing can bemade safely.
(d) A crossing may not be made when warning is given byautomatic signal, crossing gates, a flagman, or otherwise of theimmediate approach of a railroad train or other on-track equipment.
As added by P.L.2-1991, SEC.9. Amended by P.L.8-2010, SEC.4.
IC 9-21-8-41
Traffic control devices; obeyance of instructions; highwayworksites; extraordinary care; safety controls
Sec. 41. (a) A person who drives a vehicle or street car may notdisobey the instructions of an official traffic control device placed inaccordance with this article unless otherwise directed by a policeofficer.
(b) When a traffic control device or flagman is utilized at aworksite on a highway for traffic control, a person who drives avehicle shall exercise extraordinary care to secure the mutual safetyof all persons and vehicles at the worksite.
(c) All traffic shall observe and obey traffic control devicesincluding signals, signs, and warnings, and all directions, signs, or
warning devices that may be given or displayed by a police officeror flagman to safely control traffic movement at a worksite andpromote safety at a worksite.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-41.5
Vehicle entering school crossing zone; obeyance of instructions
Sec. 41.5. (a) A person who drives a vehicle shall obey theinstructions of a school crossing guard to stop the vehicle beforeentering a school crossing zone.
(b) Whenever a person who drives a vehicle approaches a schoolcrossing zone, the person shall exercise extraordinary caution tosecure the safety of children in the school crossing zone.
As added by P.L.116-1993, SEC.3.
IC 9-21-8-41.7
Duty of vehicle operator to obey instructions of railroad flagman
Sec. 41.7. (a) For purposes of this section, "railroad flagman" hasthe meaning set forth in IC 8-9-2-1(i).
(b) A person who operates a vehicle shall obey the instructions ofa railroad flagman to stop the vehicle before approaching a locationin which a train or other on-track equipment is or may be located.
As added by P.L.8-2010, SEC.5.
IC 9-21-8-42
Sidewalks; approaching from an alley, driveway, or building
Sec. 42. A person who drives a vehicle within a business orresidence district that is emerging from an alley, a driveway, or abuilding shall stop the vehicle immediately before driving onto asidewalk or into the sidewalk area extending across an alleyway ora private driveway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-43
Loaded vehicles; passengers; obstruction of view; interference withcontrol of vehicle
Sec. 43. (a) A person may not drive a vehicle when any of thefollowing conditions exist:
(1) The vehicle:
(A) is loaded in a manner; or
(B) has more than three (3) persons in the front seat;
so as to obstruct the view of the person who drives the vehicleto the front or sides of the vehicle.
(2) The vehicle:
(A) is loaded in a manner; or
(B) has more than three (3) persons in the front seat;
so as to interfere with the person's control over the drivingmechanism of the vehicle.
(b) A passenger in a vehicle or street car may not do thefollowing: (1) Ride in a position that interferes with the view ahead or tothe sides of the person who drives the vehicle or street car.
(2) Interfere with the person's control over the drivingmechanism of the vehicle or street car.
As added by P.L.2-1991, SEC.9. Amended by P.L.1-1991, SEC.96.
IC 9-21-8-44
Coasting in neutral when traveling upon a down grade; prohibition
Sec. 44. (a) A person who drives a motor vehicle may not coastwith the gears of the vehicle in neutral when traveling upon a downgrade.
(b) A person who drives a commercial motor vehicle may notcoast with the clutch disengaged when traveling upon a down grade.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-44.5
Compression release engine brakes
Sec. 44.5. (a) As used in this section, "compression release enginebrake" means a hydraulically operated device that converts a powerproducing diesel engine into a power absorbing retardingmechanism.
(b) A person who drives a motor vehicle equipped withcompression release engine brakes on the Indiana toll road in acounty having a population of more than one hundred forty-fivethousand (145,000) but less than one hundred forty-eight thousand(148,000) may not use the motor vehicle's compression releaseengine brakes instead of the service brake system, except in the caseof failure of the service brake system.
As added by P.L.23-2001, SEC.2. Amended by P.L.1-2002, SEC.42.
IC 9-21-8-45
Farm wagons; interstate and state highways; prohibitions
Sec. 45. (a) A farm wagon may not be operated on an interstatehighway.
(b) In addition to the prohibition set forth in subsection (a), a farmwagon (as defined in IC 9-13-2-60(a)(2)) may not be operated on ahighway designated as a part of the state highway system underIC 8-23-4-2, except that a farm wagon may cross a state highway,other than a limited access highway, at right angles for the purposeof getting from one (1) farm field to another when the operation canbe done safely. The operator shall bring the farm wagon to acomplete stop before proceeding across the state highway and shallyield the right-of-way to all traffic.
As added by P.L.2-1991, SEC.9. Amended by P.L.150-2009, SEC.13.
IC 9-21-8-46
Implements of agriculture on interstate highways
Sec. 46. A person may not drive or operate:
(1) an implement of agriculture designed to be operatedprimarily in a farm field or on farm premises; or (2) a piece of special machinery;
upon any part of an interstate highway.
As added by P.L.2-1991, SEC.9. Amended by P.L.210-2005, SEC.34.
IC 9-21-8-47
Vehicles that must be operated to avoid damage to highways orinterference with traffic
Sec. 47. The following vehicles must be moved or operated so asto avoid any material damage to the highway or unreasonableinterference with other highway traffic:
(1) Machinery or equipment used in highway construction ormaintenance by the Indiana department of transportation,counties, or municipalities.
(2) Farm drainage machinery.
(3) Implements of agriculture.
(4) Firefighting apparatus owned or operated by a politicalsubdivision or a volunteer fire department (as defined inIC 36-8-12-2).
(5) Farm vehicles loaded with farm products.
As added by P.L.2-1991, SEC.9. Amended by P.L.1-1999, SEC.31;P.L.210-2005, SEC.35.
IC 9-21-8-48
Vehicles with contents escaping; prohibition from operation;exceptions
Sec. 48. A vehicle, except:
(1) a vehicle containing poultry or livestock being transportedto market; or
(2) a highway maintenance vehicle engaged in spreading sandor deicing chemicals;
may not be driven or moved on a highway if the vehicle's contentsare dripping, sifting, leaking, or otherwise escaping from the vehicle.
As added by P.L.2-1991, SEC.9. Amended by P.L.79-1991, SEC.4.
IC 9-21-8-49
Violations; Class C infraction
Sec. 49. Except as provided in sections 50, 51, 52, 54, 55, 56, and58 of this chapter, a person who violates this chapter commits a ClassC infraction.
As added by P.L.2-1991, SEC.9. Amended by P.L.18-1999, SEC.2;P.L.40-2007, SEC.4; P.L.65-2010, SEC.4.
IC 9-21-8-50
Reckless operation of a tractor-trailer combination; Class Bmisdemeanor
Sec. 50. A person who operates a tractor-trailer combination in areckless or deliberate attempt to:
(1) endanger the safety or property of others; or
(2) block the proper flow of traffic;
commits a Class B misdemeanor.As added by P.L.2-1991, SEC.9.
IC 9-21-8-51
Blinding lights; failure to dim; Class B infraction
Sec. 51. A person who:
(1) operates a vehicle; and
(2) fails to dim bright or blinding lights when meeting anothervehicle or pedestrian;
commits a Class B infraction.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-52
Reckless driving; passing a school bus with extended stop arm;penalty; license suspension
Sec. 52. (a) A person who operates a vehicle and who recklessly:
(1) drives at such an unreasonably high rate of speed or at suchan unreasonably low rate of speed under the circumstances asto:
(A) endanger the safety or the property of others; or
(B) block the proper flow of traffic;
(2) passes another vehicle from the rear while on a slope or ona curve where vision is obstructed for a distance of less thanfive hundred (500) feet ahead;
(3) drives in and out of a line of traffic, except as otherwisepermitted; or
(4) speeds up or refuses to give one-half (1/2) of the roadway toa driver overtaking and desiring to pass;
commits a Class B misdemeanor.
(b) A person who operates a vehicle and who recklessly passes aschool bus stopped on a roadway when the arm signal devicespecified in IC 9-21-12-13 is in the device's extended positioncommits a Class B misdemeanor. However, the offense is a Class Amisdemeanor if it causes bodily injury to a person.
(c) If an offense under subsection (a) or (b) results in damage tothe property of another person or bodily injury to another person, thecourt shall recommend the suspension of the current driving licenseof the person for a fixed period of:
(1) not less than thirty (30) days; and
(2) not more than one (1) year.
As added by P.L.2-1991, SEC.9. Amended by P.L.127-1993, SEC.1;P.L.1-2005, SEC.103; P.L.70-2009, SEC.3.
IC 9-21-8-53
Speed violations; complaint or affidavit; summons, warrant, ornotice; contents; negligence
Sec. 53. (a) In every charge of violation of a speed regulationunder this article, the complaint or affidavit and the summons,warrant, or notice to appear must specify the following:
(1) The speed at which the defendant is alleged to have driven.
(2) The prima facie or fixed speed applicable within the district
or at the location.
(b) The provisions of this article declaring or providing for fixedand prima facie speed limitations may not be construed to relieve theplaintiff in a civil action from the burden of proving negligence onthe part of the defendant as the proximate cause of the damagealleged.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-54
Penalty for improper approach to stationary emergency vehicle
Sec. 54. (a) A person who violates section 35(b) or section 35(c)of this chapter commits a Class A infraction.
(b) If a violation of section 35(b) of this chapter results in damageto the property of another person, in addition to any other penaltyimposed, the court shall recommend that the person's drivingprivileges be suspended for a fixed period of not less than ninety (90)days and not more than one (1) year.
(c) If a violation of section 35(c) of this chapter results in damageto the property of another person of at least two hundred fifty dollars($250), in addition to any other penalty imposed, the court shallrecommend that the person's driving privileges be suspended for afixed period of not less than ninety (90) days and not more than one(1) year.
(d) If a violation of section 35(b) or section 35(c) of this chapterresults in injury to another person, in addition to any other penaltyimposed, the court shall recommend that the person's drivingprivileges be suspended for a fixed period of not less than onehundred eighty (180) days and not more than two (2) years.
(e) If a violation of section 35(b) or section 35(c) of this chapterresults in the death of another person, in addition to any other penaltyimposed, the court shall recommend that the person's drivingprivileges be suspended for two (2) years.
(f) The bureau shall, upon receiving a record of a judgmententered against a person under this section:
(1) suspend the person's driving privileges for a mandatoryperiod; or
(2) extend the period of an existing suspension for a fixedperiod;
of not less than ninety (90) days and not more than two (2) years.The bureau shall fix this period in accordance with therecommendation of the court that entered the judgment.
As added by P.L.18-1999, SEC.3. Amended by P.L.39-2000, SEC.8.
IC 9-21-8-55
Aggressive driving
Sec. 55. (a) This section does not apply to a law enforcementofficial engaged in the law enforcement official's official duties.
(b) For purposes of this section, a person engages in aggressivedriving if, during one (1) episode of continuous driving of a vehicle,the person does or commits at least three (3) of the following: (1) Following a vehicle too closely in violation of IC 9-21-8-14.
(2) Unsafe operation of a vehicle in violation of IC 9-21-8-24.
(3) Overtaking another vehicle on the right by driving off theroadway in violation of IC 9-21-8-6.
(4) Unsafe stopping or slowing a vehicle in violation ofIC 9-21-8-26.
(5) Unnecessary sounding of the horn in violation ofIC 9-19-5-2.
(6) Failure to yield in violation of IC 9-21-8-29 throughIC 9-21-8-34.
(7) Failure to obey a traffic control device in violation ofIC 9-21-8-41.
(8) Driving at an unsafe speed in violation of IC 9-21-5.
(9) Repeatedly flashing the vehicle's headlights.
(c) A person who, with the intent to harass or intimidate a personin another vehicle, knowingly or intentionally engages in aggressivedriving commits aggressive driving, a Class A misdemeanor, exceptas provided in IC 9-21-8-56(d), (f), (g), and (h).
As added by P.L.75-2006, SEC.2. Amended by P.L.40-2007, SEC.5.
IC 9-21-8-56
Highway work zones; penalties for violations
Sec. 56. (a) For purposes of this section, "highway work zone" hasthe meaning set forth in IC 8-23-2-15.
(b) Except as provided in subsections (f) through (h), a personwho recklessly operates a vehicle in the immediate vicinity of ahighway work zone when workers are present commits a Class Amisdemeanor.
(c) Except as provided in subsections (f) through (h), a personwho knowingly, intentionally, or recklessly operates a motor vehiclein the immediate vicinity of a highway work zone when workers arepresent with the intent to:
(1) damage traffic control devices; or
(2) inflict bodily injury on a worker;
commits a Class A misdemeanor.
(d) Except as provided in subsections (f) through (h), a personwho knowingly, intentionally, or recklessly engages in:
(1) aggressive driving, as defined in section 55 of this chapter;or
(2) a speed contest, as prohibited under IC 9-21-6-1;
in the immediate vicinity of a highway work zone when workers arepresent commits a Class A misdemeanor.
(e) Except as provided in subsections (f) through (h), a personwho recklessly fails to obey a traffic control device or flagman, asprohibited under section 41 of this chapter, in the immediate vicinityof a highway work zone when workers are present commits a ClassA misdemeanor.
(f) An offense under subsection (b), (c), (d), or (e) is a Class Dfelony if the person who commits the offense:
(1) has a prior unrelated conviction under this section in the
previous five (5) years; or
(2) is operating the vehicle in violation of IC 9-30-5-1 orIC 9-30-5-2.
(g) An offense under subsection (b), (c), (d), or (e) is a Class Dfelony if the offense results in bodily injury to a worker in theworksite.
(h) An offense under subsection (b), (c), (d), or (e) is a Class Cfelony if the offense results in the death of a worker in the worksite.
As added by P.L.40-2007, SEC.6.
IC 9-21-8-57
Operation of golf cart on highway
Sec. 57. A golf cart may not be operated on a highway except inaccordance with an ordinance adopted under IC 9-21-1-3(a)(14) andIC 9-21-1-3.3(a) authorizing the operation of a golf cart on thehighway.
As added by P.L.182-2009(ss), SEC.293.
IC 9-21-8-58
Intrastate carriers of metal coils; certification
Sec. 58. (a) This section applies only to intrastate carriers of metalcoils.
(b) 49 CFR 393.120 is adopted as Indiana law.
(c) A motor carrier (as defined in IC 8-2.1-17-10) may not initiateor terminate the commercial transport within Indiana by commercialmotor vehicle of one (1) or more metal coils that, individually orgrouped together, weigh at least two thousand two hundredsixty-eight (2,268) kilograms (five thousand (5,000) pounds), asprovided in 49 CFR 393.120, unless the operator of the commercialmotor vehicle transporting the metal coil or coils is certified inproper load securement as provided in 49 CFR 393.120.
(d) An operator of a commercial motor vehicle may not initiate orterminate the commercial transport within Indiana by the commercialmotor vehicle of one (1) or more metal coils that, individually orgrouped together, weigh at least two thousand two hundredsixty-eight (2,268) kilograms (five thousand (5,000) pounds), asprovided in 49 CFR 393.120, unless the operator of the commercialmotor vehicle transporting the metal coil or coils is certified inproper load securement as provided in 49 CFR 393.120.
(e) The department of revenue shall adopt and enforce rules underIC 4-22-2 concerning the certification in proper load securement (asprovided in 49 CFR 393.120) of operators of commercial motorvehicles engaged in the commercial transport of one (1) or moremetal coils, as provided in 49 CFR 393.120. The rules adopted underthis subsection must recognize metal coil shipping certificates issuedby other states.
(f) A person who knowingly or intentionally violates subsection(c) or (d) commits a Class A misdemeanor.
As added by P.L.65-2010, SEC.5.