CHAPTER 15. ISSUANCE OF RESTRICTED DRIVER'S LICENSE BECAUSE OF HARDSHIP

IC 9-24-15
    Chapter 15. Issuance of Restricted Driver's License Because ofHardship

IC 9-24-15-1
Application of chapter; exception; inadvertent failure to maintainfinancial responsibility
    Sec. 1. (a) Except as provided in subsection (b), this chapter doesnot apply to the following:
        (1) A suspension of a driving license upon the failure of anindividual to file security or proof of financial responsibilityfollowing an accident as required by or upon the failure of anyindividual to satisfy a judgment for damages arising out of theuse of a motor vehicle on a public highway as provided for inIC 9-25.
        (2) When suspension is by reason of:
            (A) physical, mental, or emotional instability;
            (B) having caused serious bodily injury to or the death ofanother person when operating a motor vehicle afterknowingly or intentionally failing to take prescribedmedication, the taking of which was a condition of theissuance of the operator's restricted driver's license; or
            (C) the applicant has been convicted of involuntarymanslaughter or reckless homicide as a result of anautomobile accident.
        (3) A suspension of the license of an applicant whose licensehas been previously suspended.
        (4) A suspension of the license of an applicant who has failedto use timely appeal procedures provided by the bureau.
        (5) After June 30, 2005, a suspension of the license of anapplicant whose commercial driver's license has beendisqualified under 49 CFR 383.51 or other applicable federal orstate law, including an alcohol or a controlled substanceconviction under IC 9-30-5-4 or 49 CFR 391.15.
    (b) A court may grant a petition for a restricted driving permitfrom an individual who:
        (1) received a request for evidence of financial responsibilityafter:
            (A) an accident under IC 9-25-5-2; or
            (B) a conviction of a motor vehicle violation underIC 9-25-9-1; and
        (2) failed to provide proof of financial responsibility underIC 9-25-6;
if the individual shows by a preponderance of the evidence that thefailure to maintain financial responsibility was inadvertent.
As added by P.L.2-1991, SEC.12. Amended by P.L.70-1992, SEC.1;P.L.59-1994, SEC.2; P.L.219-2003, SEC.5; P.L.208-2003, SEC.14.

IC 9-24-15-2
Petition; conditions    Sec. 2. If:
        (1) an individual's driving license has been suspended underIndiana motor vehicle law; and
        (2) because of the nature of the individual's employment thesuspension would work an undue hardship and burden upon theindividual's family or dependents;
the individual may file a verified petition for a restricted drivingpermit for the sole purpose of driving to and from work and in thecourse of employment during the period of the driving licensesuspension.
As added by P.L.2-1991, SEC.12.

IC 9-24-15-3
Petition; contents
    Sec. 3. The following information must be included in a petitionfiled under section 2 of this chapter:
        (1) The petitioner's age, place of residence, and occupation.
        (2) That the petitioner has never been convicted of a similaroffense or been suspended for a similar reason.
        (3) The reason and nature of the hardship or burden upon thepetitioner's family or dependents.
        (4) The nature of and the necessity of the use of a motor vehiclein the petitioner's employment.
        (5) The petitioner's place of employment, hours worked, androute to be traveled for employment purposes.
        (6) After June 30, 2005, a certified copy of the petitioner'sdriving record in Indiana and other states in which the petitionerhas held driving privileges, including all states in which thepetitioner has held a commercial driver's license.
        (7) After June 30, 2005, a verified statement that the petitionermeets eligibility requirements for a restricted license as set forthin section 6.5 of this chapter.
        (8) Whether the person is a habitual violator of traffic lawsunder IC 9-30-10.
As added by P.L.2-1991, SEC.12. Amended by P.L.219-2003, SEC.6;P.L.28-2010, SEC.1.

IC 9-24-15-4
Petition for restricted driving permit; prosecutor adverse party
    Sec. 4. (a) A verified petition filed under section 2 of this chaptermust be filed in the circuit court or superior court of the county inwhich the petitioner resides. However, if at the time the petition isfiled:
        (1) the petitioner is a defendant in a pending case concerningthe commission of an offense described in IC 9-30-5;
        (2) the petitioner is on probation after being convicted ofcommitting an offense described in IC 9-30-5;
        (3) the petitioner's driving privileges have been suspendedunder IC 35-48-4-15 after the petitioner was convicted ofcommitting an offense described in IC 35-48-4-15(a); or        (4) the petitioner's driving privileges have been suspended inaccordance with IC 9-30-4-6(b)(3) following the petitioner'sconviction in Indiana for a felony;
the petition may be filed only in the circuit court or superior court inwhich the case is pending or the petitioner was convicted.
    (b) The clerk of the court shall docket the verified petition in thename of the petitioner against the prosecuting attorney of the county.
    (c) The prosecuting attorney shall appear in person or by deputyand be heard by the court on the petition.
    (d) The bureau:
        (1) serves as a recordkeeper; and
        (2) is not a party;
in a proceeding under this chapter.
As added by P.L.2-1991, SEC.12. Amended by P.L.54-2003, SEC.1;P.L.127-2008, SEC.2; P.L.100-2010, SEC.2.

IC 9-24-15-5
Court procedure for restricted driving permit
    Sec. 5. (a) The issues before the court in a proceeding under thischapter must be considered closed by denial of all matters at issuewithout the necessity of filing any further pleadings.
    (b) Changes of venue from the judge or from the county must begranted a party under the law governing changes of venue in civilcauses.
    (c) A suspension or revocation under this title remains in fullforce and effect during the pendency of a cause under this chapterand until the issuance of the restricted driving permit by the bureauin accordance with the recommendation of the court.
    (d) Records accumulated in the regular course of business androutinely on file in the offices of the prosecuting attorney of thecounty, sheriff of the county, and bureau may be admitted at thehearing on the petition. The records constitute prima facie evidenceof the matters contained on the face of the petition in relation to thepetitioner.
    (e) Court costs (including fees) for the action on the petition mustbe charged against the petitioner. The prosecuting attorney of thecounty is not liable or taxable for any costs (including fees) in anyaction under this chapter.
As added by P.L.2-1991, SEC.12. Amended by P.L.54-2003, SEC.2;P.L.106-2010, SEC.2.

IC 9-24-15-6
Findings of facts; recommendations; monitoring requirements
    Sec. 6. (a) The court shall, after hearing the evidence upon apetition filed under this chapter and without any requests, make, sign,and file special finding of facts in writing. Except as provided insection 6.5 of this chapter, the court may do either of the following:
        (1) Refuse to grant the petition.
        (2) Make a final determination in the nature of arecommendation to the bureau that the petitioner be granted a

restricted driving permit.
The judge of the court shall sign the recommendation and have therecommendation entered in the order book by the clerk of the court,with a copy sent to the bureau.
    (b) If the court recommends that a person who is a habitual trafficviolator under IC 9-30-10 be granted a restricted driving permit, thecourt shall require the person to submit to reasonable monitoringrequirements.
As added by P.L.2-1991, SEC.12. Amended by P.L.103-1991, SEC.1;P.L.28-2010, SEC.2.

IC 9-24-15-6.5
Petition granted by court; conditions; contents of petition; time ofeffect
    Sec. 6.5. (a) The court shall grant a petition for a restricted drivingpermit filed under this chapter if all of the following conditions exist:
        (1) The person was not convicted of one (1) or more of thefollowing:
            (A) A Class D felony under IC 9-30-5-4 before July 1, 1996,or a Class D felony or a Class C felony under IC 9-30-5-4after June 30, 1996.
            (B) A Class C felony under IC 9-30-5-5 before July 1, 1996,or a Class C felony or a Class B felony under IC 9-30-5-5after June 30, 1996.
        (2) The person's driving privileges were suspended underIC 9-30-6-9(c) or IC 35-48-4-15.
        (3) The driving that was the basis of the suspension was not inconnection with the person's work.
        (4) The person does not have a previous conviction foroperating while intoxicated.
        (5) The person is participating in a rehabilitation programcertified by either the division of mental health and addiction orthe Indiana judicial center as a condition of the person'sprobation.
    (b) The person filing the petition for a restricted driving permitshall include in the petition the information specified in subsection(a) in addition to the information required by sections 3 through 4 ofthis chapter.
    (c) Whenever the court grants a person restricted drivingprivileges under this chapter, that part of the court's order grantingprobationary driving privileges shall not take effect until the person'sdriving privileges have been suspended for at least thirty (30) daysunder IC 9-30-6-9. In a county that provides for the installation of anignition interlock device under IC 9-30-8, installation of an ignitioninterlock device is required as a condition of probationary drivingprivileges for the entire duration of the probationary drivingprivileges.
    (d) If a court requires installation of a certified ignition interlockdevice under subsection (c), the court shall order the bureau to recordthis requirement in the person's operating record in accordance with

IC 9-14-3-7. When the person is no longer required to operate onlya motor vehicle equipped with an ignition interlock device, the courtshall notify the bureau that the ignition interlock use requirement hasexpired and order the bureau to update its records accordingly.
    (e) If the court recommends that a person who is a habitual trafficviolator under IC 9-30-10 be granted a restricted driving permit, thecourt shall require the person to submit to reasonable monitoringrequirements.
As added by P.L.103-1991, SEC.2. Amended by P.L.2-1992, SEC.87;P.L.129-1993, SEC.1; P.L.40-1994, SEC.3; P.L.96-1996, SEC.1;P.L.97-1996, SEC.1; P.L.10-2000, SEC.1; P.L.215-2001, SEC.17;P.L.76-2004, SEC.2; P.L.2-2005, SEC.34; P.L.28-2010, SEC.3.

IC 9-24-15-6.7
Restricted driving permits; permitted conditions
    Sec. 6.7. (a) If a petitioner whose driving license or permit issuspended under IC 9-25-6-19, IC 9-25-6-20, or IC 9-25-6-21 provesto the satisfaction of the court that public transportation isunavailable for travel by the petitioner:
        (1) to and from the petitioner's regular place of employment;
        (2) in the course of the petitioner's regular employment;
        (3) to and from the petitioner's place of worship; or
        (4) to participate in parenting time with the petitioner's childrenconsistent with a court order granting parenting time;
the court may grant a petition for a restricted driving permit filedunder this chapter.
    (b) A restricted driving permit issued by the bureau under thissection must specify that the restricted driving permit is valid onlyfor purposes of driving under the conditions described in subsection(a).
    (c) A restricted driving permit issued by the bureau under thissection shall be:
        (1) issued in the same manner; and
        (2) subject to all requirements;
as other permits under this chapter. If the court recommends that aperson who is a habitual traffic violator under IC 9-30-10 be granteda restricted driving permit, the court shall require the person tosubmit to reasonable monitoring requirements.
As added by P.L.133-1995, SEC.3. Amended by P.L.117-2001,SEC.1; P.L.68-2005, SEC.1; P.L.28-2010, SEC.4.

IC 9-24-15-7
Issuance of permit; restrictions
    Sec. 7. The bureau shall comply with the court's recommendation.The bureau in issuing a restricted driving permit shall be guided bythe court's special finding of facts in setting out the petitioner'sdriving restrictions. The restricted driving permit must set outrestrictions as to the time, territory, and route to be included andshall be restricted to the essential requirements of the petitioner inthe performance of the petitioner's employment duties.As added by P.L.2-1991, SEC.12.

IC 9-24-15-8
Possession of permit; proof of financial responsibility
    Sec. 8. The petitioner must have the restricted driving permit onthe petitioner's person while driving a motor vehicle. A restricteddriving permit is valid and in force only after the person gives andmaintains in effect proof of financial responsibility in the mannerrequired in IC 9-25.
As added by P.L.2-1991, SEC.12.

IC 9-24-15-9
Issuance prohibited; specified conditions
    Sec. 9. (a) Except as provided in subsection (b) and section 6.5 ofthis chapter, an individual may not receive a restricted driving permitif the individual's driving privileges are suspended under IC 9-30-5through IC 9-30-9 or IC 9-30-13-3.
    (b) If the individual's driving privileges are suspended underIC 9-30-6-9(c) and the individual does not have a previous convictionfor operating while intoxicated, the individual may receive arestricted driving permit if the individual otherwise qualifies for thepermit.
As added by P.L.2-1991, SEC.12. Amended by P.L.1-1993, SEC.57;P.L.2-2005, SEC.35.

IC 9-24-15-10
Repealed
    (Repealed by P.L.1-2007, SEC.248.)

IC 9-24-15-11
Violating restrictions; penalties
    Sec. 11. (a) A person who:
        (1) has been issued a restricted driving permit; and
        (2) operates a motor vehicle:
            (A) in violation of the terms, limitations, or restrictions setout in the restricted driving permit; and
            (B) during the period of suspension of the person's currentdriving license;
commits a Class B misdemeanor.
    (b) The bureau shall, upon receipt of notice of a conviction for aviolation of this section, do the following:
        (1) Revoke the restricted driving permit.
        (2) Suspend the person's current driving license for two (2)years in addition to the original existing period of suspension.
In addition, the bureau may not issue another restricted drivingpermit to the person during the original existing or additional periodof suspension.
As added by P.L.2-1991, SEC.12.