CHAPTER 6. SUSPENSION OF DRIVING PRIVILEGES AND VEHICLE REGISTRATIONS
IC 9-25-6
Chapter 6. Suspension of Driving Privileges and VehicleRegistrations
IC 9-25-6-1
Certificate of compliance received from person identified inaccident report
Sec. 1. (a) If:
(1) the bureau receives a certificate of compliance from aperson identified under IC 9-25-5-2 within forty (40) days afterthe date on which the bureau mailed the request for evidence offinancial responsibility to the person; and
(2) the certificate of compliance indicates that financialresponsibility was in effect with respect to the vehicle at thetime of the accident described in the accident report;
the bureau may not suspend the person's current driving license.
(b) If:
(1) the bureau receives a certificate of compliance from aperson presented with a request for evidence of financialresponsibility under IC 9-25-9-1 within forty (40) days after thedate on which the person was presented with the request; and
(2) the certificate of compliance indicates that financialresponsibility was in effect with respect to the motor vehiclethat the person was operating when the person committed theviolation described in the judgment or abstract received by thebureau under IC 9-25-9-1;
the bureau may not suspend the person's current driving license.
As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.5.
IC 9-25-6-2
Certificate of compliance received from person identified inaccident report; false statements
Sec. 2. (a) If the bureau finds that a statement as to the existenceof financial responsibility in a certificate of compliance receivedfrom:
(1) a person identified under IC 9-25-5-2; or
(2) a person presented with a request for evidence of financialresponsibility under IC 9-25-9-1;
is materially false, the bureau shall take action under subsection (b).
(b) Upon finding that the statement referred to in subsection (a)is false, the bureau shall do the following:
(1) Immediately suspend the person's current driving license orvehicle registration, or both.
(2) Demand that the person immediately surrender the person'scurrent driving license or vehicle registration, or both, to thebureau.
As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.6.
IC 9-25-6-3
Certificate of compliance not received from person identified in
accident report; receipt of certificate not indicating financialresponsibility in effect; suspension of license; exceptions
Sec. 3. (a) If the bureau:
(1) does not receive a certificate of compliance from a personidentified under IC 9-25-5-2 within forty (40) days after thedate on which the bureau mailed the request for evidence offinancial responsibility to the person; or
(2) receives a certificate that does not indicate that financialresponsibility was in effect with respect to the motor vehicleoperated by the person on the date of the accident referred to inIC 9-25-5-2;
the bureau shall take action under subsection (c).
(b) If the bureau:
(1) does not receive a certificate of compliance from a personpresented with a request for evidence of financial responsibilityunder IC 9-25-9-1 within forty (40) days after the date on whichthe person was presented with the request; or
(2) receives a certificate that does not indicate that financialresponsibility was in effect with respect to the motor vehiclethat the person was operating when the person committed theviolation described in the judgment or abstract received by thebureau under IC 9-25-9-1;
the bureau shall take action under subsection (c).
(c) Under the conditions set forth in subsection (a) or (b), thebureau shall do the following:
(1) Immediately suspend the person's current driving license orvehicle registration, or both.
(2) Demand that the person immediately surrender the person'scurrent driving license or vehicle registration, or both, to thebureau.
(d) Except as provided in subsection (e), if subsection (a) or (b)applies to a person, the bureau shall suspend the current drivinglicense of the person irrespective of the following:
(1) The sale or other disposition of the motor vehicle by theowner.
(2) The cancellation or expiration of the registration of themotor vehicle.
(3) An assertion by the person that the person did not own themotor vehicle and therefore had no control over whetherfinancial responsibility was in effect with respect to the motorvehicle.
(e) The bureau shall not suspend the current driving license of aperson to which subsection (a) or subsection (b) applies if the person,through a certificate of compliance or another communication withthe bureau, establishes to the satisfaction of the bureau that the motorvehicle that the person was operating when the accident referred toin subsection (a) took place or when the violation referred to insubsection (b) was committed was:
(1) rented from a rental company; or
(2) owned by the person's employer and operated by the person
in the normal course of the person's employment.
As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.7;P.L.268-2003, SEC.31.
IC 9-25-6-3.5
Multiple violation; suspension of license or registration
Sec. 3.5. If a person violates:
(1) IC 9-25-4;
(2) IC 9-25-5; or
(3) section 2 or 3 of this chapter;
more than one (1) time within a three (3) year period, the person'sdriving license or vehicle registration may be suspended for not morethan one (1) year.
As added by P.L.105-1991, SEC.2.
IC 9-25-6-4
Failure to satisfy judgment; suspension of license; application ofsection
Sec. 4. (a) This section does not apply to judgments entered atleast seven (7) years after the date of the accident.
(b) "Judgment", as used in this section, means a judgment inexcess of two hundred dollars ($200) for bodily injury, death, orproperty damages arising out of the use of a motor vehicle upon apublic highway.
(c) The bureau shall suspend for a period of not more than seven(7) years from the date of written notification the current drivinglicense issued to a person upon receiving a verified report that theperson has failed for a period of up to ninety (90) days to satisfy ajudgment.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-5
Conditions for satisfaction of judgment
Sec. 5. (a) A judgment referred to in this chapter is consideredsatisfied only when the following conditions are fulfilled asappropriate:
(1) Subject to the limit in subdivision (2), twenty-five thousanddollars ($25,000) has been credited upon a judgment renderedin excess of that amount because of bodily injury to or death ofone (1) person as the result of one (1) accident.
(2) Fifty thousand dollars ($50,000) has been credited upon ajudgment rendered in excess of that amount because of bodilyinjury to or death of two (2) or more persons as the result of anyone (1) accident.
(3) Ten thousand dollars ($10,000) has been credited upon ajudgment or judgments rendered in excess of that amountbecause of injury to or destruction of property of others as aresult of any one (1) accident.
(4) The judgment is satisfied by payment accepted by thejudgment creditor in full satisfaction of all claims arising from
bodily injury, death, or property damage arising from the motorvehicle accident involved in the judgment.
(b) A payment made in settlement of a claim because of bodilyinjury, death, or property damage arising from a motor vehicleaccident shall be credited in reduction of the amounts provided forin this section.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-6
Payment of judgment in installments; failure to pay installment;allowing license and registration to judgment debtor on consent ofjudgment creditor
Sec. 6. (a) The bureau may not suspend a license and shallreinstate a license suspended following nonpayment of a judgmentwhenever a judgment debtor does the following:
(1) Gives proof of the judgment debtor's financial responsibilityin the future.
(2) Obtains an order from the trial court in which the judgmentwas rendered permitting the payment of the judgment ininstallments, unless the payment of an installment is in default.
(b) A judgment debtor, upon five (5) days notice to the judgmentcreditor, may apply to the trial court in which the judgment wasobtained for the privilege of paying the judgment in installments. Thecourt, in the court's discretion and without prejudice to other legalremedies the judgment creditor may have, may order the payment ofthe judgment in installments, fixing the amounts and times ofpayment of the installments.
(c) Except as provided in subsection (d), if the judgment debtorfails to pay an installment as permitted by the order of the court,upon notice of the default the bureau shall suspend the license of thejudgment debtor. The bureau may not take action for failure to makeinstallment payments for judgments entered at least seven (7) yearsafter the date of the accident. A suspended license may not bereinstated until evidence of proof of financial responsibility ispresented.
(d) Notwithstanding a default by the judgment debtor in thepayment of a judgment or the payment of an installment undersubsection (b), whenever the judgment creditor consents in writing,in the form the bureau prescribes, that the judgment debtor beallowed license and registration, the license and registration may beallowed by the bureau at the bureau's discretion. The license andregistration may be allowed for six (6) months from the date of aconsent under this subsection and may be renewed until the consentis revoked in writing if the judgment debtor furnishes proof underthis article of the judgment debtor's financial responsibility in thefuture.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-7
Duration of suspension for failure to satisfy judgment; discharge
in bankruptcy
Sec. 7. (a) Except as provided in sections 5 and 6 of this chapter,a suspension required in sections 4 and 6 of this chapter remains ineffect and no other motor vehicle may be registered in the name ofthe judgment debtor or a new license issued to the judgment debtor,until the following occur:
(1) The judgment is satisfied or stayed.
(2) The judgment debtor gives proof of financial responsibilityin the future as provided in this article.
(b) A discharge in bankruptcy following the rendering of ajudgment does not relieve the judgment debtor from the requirementsof this chapter.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-8
Motor vehicle convictions; court recommendations as to licensesuspensions; form of abstract of record of conviction
Sec. 8. (a) A court shall forward to the bureau a certified abstractof the record of the conviction of a person in the court for a violationof a law relating to motor vehicles.
(b) If in the opinion of the court a defendant should be deprivedof the privilege to operate a motor vehicle upon a public highway,the court shall recommend the suspension of the convicted person'scurrent driving license for a fixed period established by the court notexceeding one (1) year.
(c) The bureau shall comply with the court's recommendation.
(d) At the time of a conviction referred to in subsection (a) orIC 9-30-5-7, the court may obtain the defendant's current drivinglicense and return the license to the department.
(e) An abstract provided for by this section must be in the formprescribed by the bureau and, when certified, shall be accepted by anadministrative agency or a court as prima facie evidence of theconviction and all other action stated in the abstract.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-9
Certified abstract of record of judgment for damages
Sec. 9. The clerk of a court, or the judge of a court that has noclerk, shall forward to the bureau a certified abstract of the record ofa judgment for damages if the rendering and nonpayment of thejudgment requires the bureau to suspend or revoke the currentdriving license in the name of the judgment debtor under this article.The abstract shall be forwarded to the bureau immediately upon theexpiration of thirty (30) days after the judgment becomes final andhas not been stayed or satisfied, as shown by the records of the court.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-10
Driving while intoxicated; deferral of prosecution forrehabilitation or participation by child in alcohol and drug services
program; abstract of program enrollment
Sec. 10. (a) If:
(1) a criminal proceeding for driving while intoxicated underIC 9-30-5 is deferred under IC 12-23-5-1 through IC 12-23-5-9;or
(2) a child alleged to be a delinquent child based upon thechild's violation of IC 9-30-5 voluntarily attends or is orderedby the court under IC 31-37 (or IC 31-6-4 before its repeal) toattend an alcohol and drug services program;
the court, within ten (10) days after the defendant or child begins theprogram, shall forward to the bureau a certified abstract of programenrollment.
(b) The abstract must state the following:
(1) The defendant's or child's name, address, date of birth, anddriver's license number.
(2) The name and location of the alcohol and drug servicesprogram that the defendant or child is attending.
As added by P.L.2-1991, SEC.13. Amended by P.L.2-1992, SEC.89;P.L.1-1997, SEC.42.
IC 9-25-6-11
Acceptance of certificate of insurance after license revoked becauseof conviction
Sec. 11. If a license is revoked because of a conviction, the bureaumay not accept a certificate of insurance unless the certificate coverseach motor vehicle registered in the name of the person furnishingproof as the owner. An additional certificate is required before thesubsequent registration of a motor vehicle in the name of the persongiving proof as the owner.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-12
Certificate of insurance indicating insured not covered whenoperating vehicle not owned by insured; restriction on license;removal of restriction
Sec. 12. (a) Whenever a certificate is filed showing that a policyhas been issued covering all motor vehicles owned by an insured butnot insuring the person when operating a motor vehicle not owned bythe person, it is unlawful for the person to operate a motor vehiclenot owned by the person or not covered by the certificate. The bureaushall designate the restriction under this subsection upon theoperator's or chauffeur's license of the person.
(b) If a person who owns a motor vehicle desires to be relieved ofthe restriction under subsection (a) and be permitted to drive anothermotor vehicle, the person who owns the motor vehicle may have therestriction removed upon filing a certificate showing that anoperator's policy of liability insurance has been issued to the person.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-13 Nonresidents; ownership or operation of vehicles; compliance witharticle
Sec. 13. A:
(1) nonresident may not operate a motor vehicle in Indiana; and
(2) motor vehicle owned by the nonresident may not beoperated in Indiana;
until the nonresident or the owner of the motor vehicle has compliedwith the requirements of this article with respect to proof of financialresponsibility covering the motor vehicle.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-14
Renewal of license or registration
Sec. 14. (a) The bureau shall reinstate the current driving licenseor vehicle registration, or both:
(1) subject to section 15 of this chapter, after ninety (90) daysof suspension:
(A) except as provided in sections 19, 20, and 21(b) of thischapter, if the person has furnished the bureau with acertificate of compliance showing that financialresponsibility is in effect with respect to the vehicle; or
(B) if the person is no longer an owner of the vehicle or theregistration of the vehicle has been canceled or has expired;
(2) if the person is subject to section 21(b) of this chapter andto IC 9-29-10-1, after thirty (30) days of suspension;
(3) subject to section 15 of this chapter, when the personfurnishes the bureau with a certificate of compliance showingthat financial responsibility is in effect with respect to thevehicle if:
(A) subdivision (1)(B) does not apply; and
(B) the person fails to furnish the bureau with a certificate ofcompliance as described in subdivision (1)(A) within ninety(90) days after the current driving license of the person issuspended; or
(4) if financial responsibility was in effect with respect to avehicle on the date of the accident but the person does notprovide the bureau with a certificate of compliance indicatingthis fact until after the person's current driving license issuspended under this chapter, the person's current drivinglicense shall be reinstated when the person provides thecertificate of compliance to the bureau and complies withsection 15 of this chapter.
(b) Upon receipt of a certificate of compliance under this section,the bureau shall expunge from the bureau's data base theadministrative suspension caused by the failure to notify the bureauthat the person had financial responsibility in effect on the date of theviolation.
As added by P.L.2-1991, SEC.13. Amended by P.L.105-1991, SEC.3;P.L.1-1992, SEC.57; P.L.94-1997, SEC.4; P.L.117-2001, SEC.2;P.L.210-2005, SEC.49.
IC 9-25-6-15
License reinstatement fee; exception
Sec. 15. (a) Except as provided in subsection (b), a person:
(1) whose current driving license is suspended under thischapter; and
(2) who seeks the reinstatement of the driving license;
must pay a reinstatement fee to the bureau as provided inIC 9-29-10-1.
(b) A person whose driver's license is suspended under section 19or 20 of this chapter is not required to pay a reinstatement fee to havethe person's driving license reinstated.
As added by P.L.2-1991, SEC.13. Amended by P.L.80-2010, SEC.13.
IC 9-25-6-16
Review of driving license suspension
Sec. 16. A person whose current driving license is suspendedunder this chapter may seek a review of the suspension underIC 4-21.5-3-7.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-17
Proof of future financial responsibility given on behalf ofemployees or family members
Sec. 17. If the bureau determines that a person who is required togive proof of financial responsibility in the future under this articlebecause of a conviction, non-satisfaction of a judgment, or for anyother reason is or becomes:
(1) a chauffeur or motor vehicle operator, however designated,in the employ of a person who owns a motor vehicle; or
(2) a member of the immediate family or household of a personwho owns a motor vehicle; and
the period for which the person's suspension or revocation haselapsed, the bureau may accept proof of future financialresponsibility given by the person who owns the motor vehicleinstead of requiring proof from the person under a suspension orrevocation if it appears that the proof offered will be sufficient tocover any number of persons coming within this classification. Thebureau may designate the restrictions imposed by this section on theface of the operator's or chauffeur's license of the person who hasbeen under suspension or revocation.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-18
Forging or signing without authority; certificate serving as proofof financial responsibility; filing or offering for filing; classificationof violation
Sec. 18. A person who:
(1) forges or without authority signs any certificate to serve asproof of financial responsibility as required by the bureau; or
(2) knowingly files or offers for filing a certificate described in
subdivision (1);
commits a Class B misdemeanor.
As added by P.L.2-1991, SEC.13.
IC 9-25-6-19
Suspension of driving privileges under IC 31-14-12-4 orIC 31-16-12-7; notice; reinstatement
Sec. 19. (a) The bureau shall, upon receiving an order of a courtissued under IC 31-14-12-4 or IC 31-16-12-7 (or IC 31-1-11.5-13(j)or IC 31-6-6.1-16(j) before their repeal), suspend the driving licenseor permit of the person who is the subject of the order.
(b) The bureau may not reinstate a driving license or permitsuspended under this section until the bureau receives an orderallowing reinstatement from the court that issued the order forsuspension.
(c) Upon receiving an order for suspension under subsection (a),the bureau shall promptly mail a notice to the last known address ofthe person who is the subject of the order, stating the following:
(1) That the person's driving privileges are suspended,beginning five (5) business days after the date the notice ismailed, and that the suspension will terminate ten (10) businessdays after the bureau receives an order allowing reinstatementfrom the court that issued the suspension order.
(2) That the person has the right to petition for reinstatement ofdriving privileges to the court that issued the order forsuspension.
(3) That the person may be granted a restricted driving permitunder IC 9-24-15-6.7 if the person can prove that publictransportation is unavailable for travel by the person:
(A) to and from the person's regular place of employment;
(B) in the course of the person's regular employment;
(C) to and from the person's place of worship; or
(D) to participate in parenting time with the petitioner'schildren consistent with a court order granting parentingtime.
(d) Unless a person whose driving license or permit is suspendedunder this section has been issued a restricted driving permit underIC 9-24-15 as a result of a suspension under this section, a personwho operates a motor vehicle in violation of the section commits aClass A infraction.
As added by P.L.133-1995, SEC.5. Amended by P.L.1-1997, SEC.43;P.L.68-2005, SEC.2.
IC 9-25-6-19.2
False evidence of financial responsibility
Sec. 19.2. The bureau may suspend the registration of a vehicleowned by a registrant who provides the bureau with false evidenceof financial responsibility under this article.
As added by P.L.125-1995, SEC.10.
IC 9-25-6-20
Notice of suspension of driving privileges for delinquent childsupport; reinstatement
Sec. 20. (a) If the bureau is advised by the Title IV-D agency thatthe obligor (as defined in IC 31-25-4-4) either requested a hearingunder IC 31-25-4-33 and failed to appear or appeared and was foundto be delinquent, the bureau shall promptly mail a notice to theobligor stating the following:
(1) That the obligor's driving privileges are suspended,beginning twenty (20) business days after the date the notice ismailed, and that the suspension will terminate after the bureaureceives a notice from the Title IV-D agency that the obligorhas:
(A) paid the obligor's child support arrearage in full; or
(B) established a payment plan with the Title IV-D agencyto pay the arrearage, which includes an income withholdingorder under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That the obligor may be granted a restricted driving permitunder IC 9-24-15-6.7 if the obligor can prove that publictransportation is unavailable for travel by the obligor:
(A) to and from the obligor's regular place of employment;
(B) in the course of the obligor's regular employment;
(C) to and from the obligor's place of worship; or
(D) to participate in parenting time with the petitioner'schildren consistent with a court order granting parentingtime.
(b) The bureau may not reinstate a driving license or permitsuspended under this section until the bureau receives a notice fromthe Title IV-D agency that the obligor has:
(1) paid the obligor's child support arrearage in full; or
(2) established a payment plan with the Title IV-D agency topay the arrearage, which includes an income withholding orderunder IC 31-16-15-2 or IC 31-16-15-2.5.
(c) Unless an obligor whose driving license or permit is suspendedunder this section has been issued a restricted driving permit underIC 9-24-15 as a result of a suspension under this section, an obligorwho operates a motor vehicle in violation of the section commits aClass A infraction.
As added by P.L.133-1995, SEC.6. Amended by P.L.1-1997, SEC.44;P.L.86-2002, SEC.1; P.L.68-2005, SEC.3; P.L.145-2006, SEC.25;P.L.103-2007, SEC.5.
IC 9-25-6-21
Suspension of driving privileges after fuel theft conviction
Sec. 21. (a) Upon receiving an order issued by a court underIC 35-43-4-8(b) concerning a person convicted of fuel theft, thebureau shall do the following:
(1) Suspend under subsection (b) the driving privileges of theperson who is the subject of the order, whether or not theperson's current driving license accompanies the order. (2) Mail to the last known address of the person who is thesubject of the order a notice:
(A) stating that the person's driving license is beingsuspended for fuel theft;
(B) setting forth the date on which the suspension takeseffect and the date on which the suspension terminates; and
(C) stating that the person may be granted a restricteddriving permit under IC 9-24-15-6.7 if the person meets theconditions for obtaining a restricted driving permit.
(b) The suspension of the driving privileges of a person who is thesubject of an order issued under IC 35-43-4-8(b):
(1) begins five (5) business days after the date on which thebureau mails the notice to the person under subsection (a)(2);and
(2) terminates thirty (30) days after the suspension begins.
(c) A person who operates a motor vehicle during a suspension ofthe person's driving privileges under this section commits a Class Ainfraction unless the person's operation of the motor vehicle isauthorized by a restricted driving permit issued to the person underIC 9-24-15-6.7.
As added by P.L.117-2001, SEC.3.