CHAPTER 2. INDIVIDUALS PROHIBITED FROM OBTAINING A LICENSE OR PERMIT
IC 9-24-2
Chapter 2. Individuals Prohibited From Obtaining a License orPermit
IC 9-24-2-1
Suspended and expelled students and dropouts
Sec. 1. (a) A driver's license or a learner's permit may not beissued to an individual less than eighteen (18) years of age whomeets any of the following conditions:
(1) Is a habitual truant under IC 20-33-2-11.
(2) Is under at least a second suspension from school for theschool year under IC 20-33-8-14 or IC 20-33-8-15.
(3) Is under an expulsion from school under IC 20-33-8-14,IC 20-33-8-15, or IC 20-33-8-16.
(4) Is considered a dropout under IC 20-33-2-28.5.
(b) At least five (5) days before holding an exit interview underIC 20-33-2-28.5, the school corporation shall give notice by certifiedmail or personal delivery to the student, the student's parent, or thestudent's guardian that the student's failure to attend an exit interviewunder IC 20-33-2-28.5 or return to school if the student does not meetthe requirements to withdraw from school under IC 20-33-2-28.5 willresult in the revocation or denial of the student's:
(1) driver's license or learner's permit; and
(2) employment certificate.
As added by P.L.2-1991, SEC.12. Amended by P.L.131-1995, SEC.1;P.L.132-1995, SEC.1; P.L.1-2005, SEC.106; P.L.242-2005, SEC.1;P.L.1-2006, SEC.165.
IC 9-24-2-2
Juveniles under court orders concerning controlled substanceviolations
Sec. 2. A driver's license or a learner's permit may not be issuedto an individual less than eighteen (18) years of age who is under anorder entered by a juvenile court under IC 31-37-19-13 throughIC 31-37-19-17 (or IC 31-6-4-15.9(d), IC 31-6-4-15.9(e), orIC 31-6-4-15.9(f) before their repeal).
As added by P.L.2-1991, SEC.12. Amended by P.L.94-1996, SEC.1;P.L.1-1997, SEC.39.
IC 9-24-2-2.5
Persons under court orders concerning controlled substanceviolations or criminal mischief
Sec. 2.5. (a) An operator's license or a learner's permit may not beissued to an individual who is under an order entered by a courtunder IC 35-43-1-2(c).
(b) The bureau shall suspend the operator's license or invalidatethe learner's permit of a person who is the subject of an order issuedunder IC 31-37-19-17 (or IC 31-6-4-15.9(f) before its repeal) orIC 35-43-1-2(c).
As added by P.L.94-1996, SEC.2. Amended by P.L.1-1997, SEC.40;
P.L.3-2008, SEC.79.
IC 9-24-2-3
Persons to whom bureau may not issue license or permit
Sec. 3. (a) The bureau may not issue a license or permit to thefollowing individuals:
(1) An individual whose license issued under Indiana law tooperate a motor vehicle as an operator, a chauffeur, or a publicpassenger chauffeur has been suspended, during the period forwhich the license was suspended, or to an individual whoselicense has been revoked, until the time the bureau is authorizedunder Indiana law to issue the individual a new license.
(2) An individual whose learner's permit has been suspended orrevoked until the time the bureau is authorized under Indianalaw to issue the individual a new permit.
(3) An individual who, in the opinion of the bureau, is afflictedwith or suffering from a physical or mental disability or diseasethat prevents the individual from exercising reasonable andordinary control over a motor vehicle while operating thevehicle upon the public highways.
(4) An individual who is unable to understand highwaywarnings or direction signs written in the English language.
(5) An individual who is required under this chapter to take anexamination unless the person successfully passes theexamination.
(6) An individual who is required under IC 9-25 to depositproof of financial responsibility and who has not deposited thatproof.
(7) An individual when the bureau has good cause to believethat the operation of a motor vehicle on a public highway ofIndiana by the individual would be inimical to public safety orwelfare.
(8) An individual who is the subject of an order issued by:
(A) a court under IC 31-14-12-4 or IC 31-16-12-7 (orIC 31-1-11.5-13 or IC 31-6-6.1-16 before their repeal); or
(B) the Title IV-D agency;
ordering that a driving license or permit not be issued to theindividual.
(9) An individual who has not presented valid documentaryevidence to the bureau of the person's legal status in the UnitedStates, as required by IC 9-24-9-2.5.
(b) An individual subject to epileptic seizures may not be denieda license under this section if the individual presents a statementfrom a licensed physician that the individual is under medication andis free from seizures while under medication.
As added by P.L.2-1991, SEC.12. Amended by P.L.125-1995, SEC.9;P.L.133-1995, SEC.1; P.L.2-1996, SEC.224; P.L.1-1997, SEC.41;P.L.184-2007, SEC.33.
IC 9-24-2-3.1 Conditional license; termination and renewal; suspension
Sec. 3.1. (a) If a petitioner named in an order issued under section3(a)(8) of this chapter has a valid commercial driving license, thebureau shall not immediately suspend the driving license but indicateon the driver's record that the person has a conditional license tooperate a motor vehicle to and from the person's place ofemployment and in the course of the person's employment.
(b) A conditional license described in subsection (a) is valid forthirty (30) days from the date of the notice sent by the bureau. If theperson obtains an amended license within the thirty (30) days, theperson may continue to operate a motor vehicle on the conditionallicense beyond the thirty (30) day period.
(c) If the person does not obtain an amended license within thethirty (30) day period, the bureau shall suspend the person's license.
As added by P.L.133-1995, SEC.2. Amended by P.L.14-2000,SEC.26.
IC 9-24-2-4
Invalidation and revalidation of licenses; suspended, expelled, andwithdrawn students
Sec. 4. (a) If a person is less than eighteen (18) years of age andis a habitual truant, is under a suspension or an expulsion or haswithdrawn from school as described in section 1 of this chapter, thebureau shall, upon notification by the person's principal, invalidatethe person's license or permit until the earliest of the following:
(1) The person becomes eighteen (18) years of age.
(2) One hundred twenty (120) days after the person issuspended, or the end of a semester during which the personreturns to school, whichever is longer.
(3) The suspension, expulsion, or exclusion is reversed after theperson has had a hearing under IC 20-33-8.
(b) The bureau shall promptly mail a notice to the person's lastknown address that states the following:
(1) That the person's driving privileges will be invalidated fora specified period commencing five (5) days after the date ofthe notice.
(2) That the person has the right to appeal the invalidation of alicense or permit.
(c) If an aggrieved person believes that:
(1) the information provided was technically incorrect; or
(2) the bureau committed a technical or procedural error;
the aggrieved person may appeal the invalidation of a license underIC 9-25.
(d) If a person satisfies the conditions for reinstatement of alicense under this section, the person may submit to the bureau thenecessary information certifying that at least one (1) of the eventsdescribed in subsection (a) has occurred.
(e) Upon certifying the information received under subsection (d),the bureau shall revalidate the person's license or permit.
(f) A person may not operate a motor vehicle in violation of this
section.
(g) A person whose license or permit is invalidated under thissection may apply for a restricted driving permit under IC 9-24-15.
(h) The bureau shall revalidate the license or permit of a personwhose license or permit was invalidated under this section who doesthe following:
(1) Establishes to the satisfication of the principal of the schoolwhere the action occurred that caused the invalidation of theperson's license or permit that the person has:
(A) enrolled in a full-time or part-time program of education;and
(B) participated for thirty (30) or more days in the programof education.
(2) Submits to the bureau a form developed by the bureau thatcontains:
(A) the verified signature of the principal or the president ofthe governing body of the school described in subdivision(1); and
(B) notification to the bureau that the person has compliedwith subdivision (1).
A person may appeal the decision of a principal under subdivision(1) to the governing body of the school corporation where theprincipal's school is located.
As added by P.L.2-1991, SEC.12. Amended by P.L.131-1995, SEC.2;P.L.132-1995, SEC.2; P.L.1-2005, SEC.107.
IC 9-24-2-5
Hearings
Sec. 5. (a) A person whose driving privileges have beeninvalidated under section 4 of this chapter is entitled to a promptjudicial hearing. The person may file a petition that requests ahearing in a circuit, superior, county, or municipal court in thecounty where:
(1) the person resides; or
(2) the school attended by the person is located.
(b) The petition for review must:
(1) be in writing; and
(2) be verified by the person seeking review and:
(A) allege specific facts that indicate the suspension orexpulsion was improper; or
(B) allege that due to the person's emancipation ordependents that an undue hardship exists that requires thegranting of a restricted driving permit.
(c) The hearing conducted by the court under this section shall belimited to the following issues:
(1) Whether the school followed proper procedures whensuspending or expelling the person from school, includingaffording the person due process under IC 20-33-8.
(2) Whether the bureau followed proper procedures ininvalidating the person's license or permit. (3) Whether an undue hardship exists that requires the grantingof a restricted driving permit.
(d) If the court finds:
(1) that the school failed to follow proper procedures whensuspending or expelling the person from school; or
(2) that the bureau failed to follow proper procedures ininvalidating the person's license or permit;
the court may order the bureau to reinstate the person's drivingprivileges.
(e) If the court finds that an undue hardship exists, the court mayorder a restricted driving permit limiting the petitioner to essentialdriving for work and driving between home, work, and school only.The restricted driving permit must state the restrictions related totime, territory, and route. If a court orders a restricted driving permitfor the petitioner, the court shall do the following:
(1) Include in the order a finding of facts that states thepetitioner's driving restrictions.
(2) Enter the findings of fact and order in the order book of thecourt.
(3) Send the bureau a signed copy of the order.
(f) The prosecuting attorney of the county in which a petition hasbeen filed under this section shall represent the state on behalf of thebureau with respect to the petition. A school that is made a party toan action filed under this section is responsible for the school's ownrepresentation.
(g) In an action under this section the petitioner has the burden ofproof by a preponderance of the evidence.
(h) The court's order is a final judgment appealable in the mannerof civil actions by either party. The attorney general shall representthe state on behalf of the bureau with respect to the appeal.
As added by P.L.2-1991, SEC.12. Amended by P.L.131-1995, SEC.3;P.L.1-2005, SEC.108.
IC 9-24-2-6
Violations
Sec. 6. A person who violates this chapter commits a Class Cinfraction.
As added by P.L.2-1991, SEC.12.