CHAPTER 11. ISSUANCE OF LICENSE OR PERMIT
IC 9-24-11
Chapter 11. Issuance of License or Permit
IC 9-24-11-0.5
Telecommunications device
Sec. 0.5. As used in this chapter, "telecommunications device"means an electronic or digital telecommunications device.
As added by P.L.101-2009, SEC.7.
IC 9-24-11-1
Conditions
Sec. 1. The bureau shall issue a permit or license to everyapplicant who meets the following conditions:
(1) Qualifies as required.
(2) Makes the proper application.
(3) Pays the required fee.
As added by P.L.2-1991, SEC.12.
IC 9-24-11-2
Manner of issuance
Sec. 2. The bureau may issue all permits and licenses required bylaw for the operation of a motor vehicle in a manner the bureauconsiders necessary and prudent.
As added by P.L.2-1991, SEC.12.
IC 9-24-11-3
Minors' licenses probationary; expiration
Sec. 3. (a) This section applies to a probationary operator's licenseissued before July 1, 2009.
(b) A license issued to an individual less than eighteen (18) yearsof age is a probationary license.
(c) An individual holds a probationary license subject to thefollowing conditions:
(1) Except as provided in IC 31-37-3, the individual may notoperate a motor vehicle during the curfew hours specified inIC 31-37-3-2.
(2) During the ninety (90) days following the issuance of theprobationary license, the individual may not operate a motorvehicle in which there are passengers unless another individual:
(A) who is at least twenty-one (21) years of age and holds avalid operator's license issued under this article; or
(B) who is the parent, guardian, or stepparent of theindividual holding a probationary license and who is at leasttwenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(3) The individual may operate a motor vehicle only if:
(A) a safety belt is properly fastened about the body of theindividual; and
(B) a safety belt is properly fastened about the body of eachoccupant of the motor vehicle; at all times when the motor vehicle is in motion.
(d) An individual who holds a probationary license issued underthis section may receive an operator's license, a chauffeur's license,a public passenger chauffeur's license, or a commercial driver'slicense when the individual is at least eighteen (18) years of age.
(e) Except as provided in subsection (f), a probationary licenseissued under this section:
(1) expires at midnight of the twenty-first birthday of theholder; and
(2) may not be renewed.
(f) A probationary license issued under this section to anindividual who complies with IC 9-24-9-2.5(5) throughIC 9-24-9-2.5(10) expires:
(1) at midnight one (1) year after issuance if there is noexpiration date on the authorization granted to the individual toremain in the United States; or
(2) if there is an expiration date on the authorization granted tothe individual to remain in the United States, the earlier of thefollowing:
(A) At midnight of the date the authorization to remain inthe United States expires.
(B) At midnight of the twenty-first birthday of the holder.
As added by P.L.2-1991, SEC.12. Amended by P.L.57-1998, SEC.6;P.L.225-1999, SEC.3; P.L.79-2001, SEC.1; P.L.156-2006, SEC.11;P.L.184-2007, SEC.36; P.L.101-2009, SEC.8; P.L.76-2009, SEC.4;P.L.162-2009, SEC.2; P.L.145-2009, SEC.5; P.L.1-2010, SEC.46.
IC 9-24-11-3.3
Minors' licenses probationary
Sec. 3.3. (a) This section applies to a probationary operator'slicense issued after June 30, 2009.
(b) A license issued to or held by an individual less than eighteen(18) years of age is a probationary license. An individual holds aprobationary license subject to the following conditions:
(1) Except as provided in subdivision (3), the individual maynot operate a motor vehicle from 10 p.m. until 5 a.m. of thefollowing morning during the first one hundred eighty (180)days after issuance of the probationary license.
(2) Except as provided in subdivision (3), after one hundredeighty (180) days after issuance of the probationary license, anduntil the individual becomes eighteen (18) years of age, anindividual may not operate a motor vehicle:
(A) between 1 a.m. and 5 a.m. on a Saturday or Sunday;
(B) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday,or Thursday; or
(C) before 5 a.m. on Monday, Tuesday, Wednesday,Thursday, or Friday.
(3) The individual may operate a motor vehicle during theperiods described in subdivisions (1) and (2) if the individualoperates the motor vehicle while: (A) participating in, going to, or returning from:
(i) lawful employment;
(ii) a school sanctioned activity; or
(iii) a religious event; or
(B) accompanied by a licensed driver at least twenty-five(25) years of age.
(4) The individual may not operate a motor vehicle while usinga telecommunications device until the individual becomeseighteen (18) years of age unless the telecommunications deviceis being used to make a 911 emergency call.
(5) Except as provided in subdivision (6), during the onehundred eighty (180) days after the issuance of the probationarylicense, the individual may not operate a motor vehicle in whichthere are passengers until the individual becomes eighteen (18)years of age unless another individual:
(A) who:
(i) is at least twenty-five (25) years of age; and
(ii) holds a valid operator's, chauffeur's, public passengerchauffeur's, or commercial driver's license issued underthis article;
(B) who is a certified driver education instructor; or
(C) who is the parent, guardian, or stepparent of the operatorand is at least twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(6) The individual may operate a motor vehicle and transport:
(A) a child of the individual;
(B) a sibling of the individual;
(C) a child and a sibling of the individual;
(D) the spouse of the individual; or
(E) a child and the spouse of the individual;
without another accompanying individual present in the motorvehicle.
(7) The individual may operate a motor vehicle only if theindividual and each occupant of the motor vehicle are:
(A) properly restrained by a properly fastened safety belt; or
(B) if the occupant is a child, restrained in a properlyfastened child restraint system according to themanufacturer's instructions under IC 9-19-11;
properly fastened about the occupant's body at all times whenthe motor vehicle is in motion.
(c) An individual who holds a probationary license issued underthis section may receive an operator's license, a chauffeur's license,a public passenger chauffeur's license, or a commercial driver'slicense when the individual is at least eighteen (18) years of age.
(d) Except as provided in IC 9-24-12-1(e), a probationary licenseissued under this section:
(1) expires at midnight of the date thirty (30) days after thetwenty-first birthday of the holder; and
(2) may not be renewed.
As added by P.L.101-2009, SEC.9; P.L.145-2009, SEC.6. Amended
by P.L.1-2010, SEC.47.
IC 9-24-11-4
Only one license or identification card at the same time
Sec. 4. (a) An individual may not have more than one (1) validdriver's license at a time.
(b) An individual may not hold a driver's license and anidentification card issued under IC 9-24-16 at the same time.
As added by P.L.2-1991, SEC.12. Amended by P.L.184-2007,SEC.37.
IC 9-24-11-5
Permit and license contents; digital photograph; medical conditiondesignation; acceptance for federal purposes; license or permitissued to certain individuals temporary; address confidentialityprogram participants
Sec. 5. (a) Except as provided in subsection (i), a permit or licenseissued under this chapter must contain the following information:
(1) The full legal name of the permittee or licensee.
(2) The date of birth of the permittee or licensee.
(3) The address of the principal residence of the permittee orlicensee.
(4) The hair color and eye color of the permittee or licensee.
(5) The date of issue and expiration date of the permit orlicense.
(6) The gender of the permittee or licensee.
(7) The unique identifying number of the permit or license.
(8) The weight of the permittee or licensee.
(9) The height of the permittee or licensee.
(10) A reproduction of the signature of the permittee orlicensee.
(11) If the permittee or licensee is less than eighteen (18) yearsof age at the time of issuance, the dates on which the permitteeor licensee will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(12) If the permittee or licensee is at least eighteen (18) years ofage but less than twenty-one (21) years of age at the time ofissuance, the date on which the permittee or licensee willbecome twenty-one (21) years of age.
(13) Except as provided in subsection (b) or (c), a digitalphotograph of the permittee or licensee.
(b) The following permits or licenses do not require a digitalphotograph:
(1) Temporary motorcycle learner's permit issued underIC 9-24-8.
(2) Motorcycle learner's permit issued under IC 9-24-8.
(c) The bureau may provide for the omission of a photograph orcomputerized image from any other license or permit if there is goodcause for the omission. However, a license issued without a digital
photograph must include the language described in subsection (f).
(d) The information contained on the permit or license as requiredby subsection (a)(11) or (a)(12) for a permittee or licensee who isless than twenty-one (21) years of age at the time of issuance shall beprinted prominently on the permit or license.
(e) This subsection applies to a permit or license issued afterJanuary 1, 2007. If the applicant for a permit or license submitsinformation to the bureau concerning the applicant's medicalcondition, the bureau shall place an identifying symbol on the faceof the permit or license to indicate that the applicant has a medicalcondition of note. The bureau shall include information on the permitor license that briefly describes the medical condition of the holderof the permit or license. The information must be printed in a mannerthat alerts a person reading the permit or license to the existence ofthe medical condition. The permittee or licensee is responsible forthe accuracy of the information concerning the medical conditionsubmitted under this subsection. The bureau shall inform anapplicant that submission of information under this subsection isvoluntary.
(f) Any license or permit issued by the state that does not requirea digital photograph must include a statement that indicates that thelicense or permit may not be accepted by any federal agency forfederal identification or any other federal purpose.
(g) A license or permit issued by the state to an individual who:
(1) has a valid, unexpired nonimmigrant visa or hasnonimmigrant visa status for entry in the United States;
(2) has a pending application for asylum in the United States;
(3) has a pending or approved application for temporaryprotected status in the United States;
(4) has approved deferred action status; or
(5) has a pending application for adjustment of status to that ofan alien lawfully admitted for permanent residence in theUnited States or conditional permanent residence status in theUnited States;
must be clearly identified as a temporary license or permit. Atemporary license or permit issued under this subsection may not berenewed without the presentation of valid documentary evidenceproving that the licensee's or permitee's temporary status has beenextended.
(h) The bureau may adopt rules under IC 4-22-2 to carry out thissection.
(i) For purposes of subsection (a), an individual certified as aprogram participant in the address confidentiality program underIC 5-26.5 is not required to provide the address of the individual'sprincipal residence, but may provide an address designated by theoffice of the attorney general under IC 5-26.5 as the address of theindividual's principal residence.
As added by P.L.2-1991, SEC.12. Amended by P.L.39-2000, SEC.11;P.L.42-2001, SEC.1; P.L.176-2001, SEC.13; P.L.1-2002, SEC.45;P.L.34-2003, SEC.2; P.L.86-2005, SEC.1; P.L.123-2005, SEC.3;
P.L.37-2006, SEC.1; P.L.184-2007, SEC.38; P.L.76-2009, SEC.5;P.L.162-2009, SEC.3; P.L.1-2010, SEC.48.
IC 9-24-11-6
Repealed
(Repealed by P.L.34-2003, SEC.4.)
IC 9-24-11-7
Restrictions
Sec. 7. The bureau, when issuing a permit or license under thisarticle, may, whenever good cause appears, impose restrictionssuitable to the licensee's or permittee's driving ability with respect tothe type of or special mechanical control devices required on a motorvehicle that the licensee operates. The bureau may impose otherrestrictions applicable to the licensee or permittee that the bureaudetermines is appropriate to assure the safe operation of a motorvehicle by the licensee or permittee, including a requirement to takeprescribed medication. When the restrictions are imposed, the bureaumay issue either a special restricted license or shall set forth therestrictions upon the usual license form.
As added by P.L.2-1991, SEC.12. Amended by P.L.208-2003,SEC.10.
IC 9-24-11-8
Violations; license suspension
Sec. 8. (a) Except as provided in subsections (b) and (c), a personwho violates this chapter commits a Class C infraction.
(b) A person who:
(1) has been issued a permit or license on which there is aprinted or stamped restriction as provided under section 7 ofthis chapter; and
(2) operates a motor vehicle in violation of the restriction;
commits a Class C misdemeanor. The license of a person whoviolates this subsection may be suspended in the manner provided forthe suspension or revocation of an operator's license.
(c) A person who causes serious bodily injury to or the death ofanother person when operating a motor vehicle after knowingly orintentionally failing to take prescribed medication, the taking ofwhich was a condition of the issuance of the operator's restrictedlicense under section 7 of this chapter, commits a Class Amisdemeanor. However, the offense is a Class D felony if, within thefive (5) years preceding the commission of the offense, the personhad a prior unrelated conviction under this subsection.
(d) A person who violates subsection (c) commits a separateoffense for each person whose serious bodily injury or death iscaused by the violation of subsection (c).
As added by P.L.2-1991, SEC.12. Amended by P.L.208-2003,SEC.11.
IC 9-24-11-9 Individuals with medical condition causing appearance ofintoxication
Sec. 9. (a) This section applies to an individual who has anexisting medical condition that causes the individual to appearintoxicated.
(b) An operator's permit or license issued to an individual underthis section must bear a distinctive color coding on the face of theoperator's permit or license.
(c) An individual who wishes to have an operator's permit orlicense issued under this section must provide a verified certificatefrom a physician licensed to practice in Indiana attesting to theindividual's medical condition. The physician's certificate must be:
(1) provided to the bureau at the time the individual applies foran operator's permit or license under this section;
(2) carried in any vehicle that the individual operates; and
(3) renewed each time the individual's operator's license isrenewed.
(d) The bureau shall adopt rules under IC 4-22-2 to carry out thissection.
As added by P.L.134-1995, SEC.1.
IC 9-24-11-10
Court recommendation for suspension following conviction; failureto take prescribed medication
Sec. 10. (a) In addition to any other penalty imposed for aconviction under section 8(c) of this chapter, the court shallrecommend that the person's driving privileges be suspended for afixed period of at least ninety (90) days and not more than two (2)years.
(b) The court shall specify:
(1) the length of the fixed period of suspension; and
(2) the date the fixed period of suspension begins;
whenever the court makes a recommendation under subsection (a).
As added by P.L.208-2003, SEC.12.
IC 9-24-11-11
Suspension by bureau upon notice of conviction
Sec. 11. The bureau shall, upon receiving a record of convictionof a person under section 8(c) of this chapter, set a period ofsuspension for a fixed period of at least ninety (90) days and notmore than two (2) years. The bureau shall fix this period inaccordance with the recommendation of the court that entered theconviction, as provided in section 10 of this chapter.
As added by P.L.208-2003, SEC.13.