CHAPTER 1. DRIVER LICENSE COMPACT
IC 9-28
ARTICLE 28. INTERSTATE COMPACTS ANDAGREEMENTS
IC 9-28-1
Chapter 1. Driver License Compact
IC 9-28-1-1
Executive head
Sec. 1. As used in this chapter, with reference to Indiana,"executive head" means the governor.
As added by P.L.2-1991, SEC.16.
IC 9-28-1-2
Licensing authority
Sec. 2. As used in this chapter, with reference to Indiana,"licensing authority" means the bureau. The bureau shall furnish tothe appropriate authorities of any other party state any informationor documents reasonably necessary to facilitate the administration ofArticles 3, 4, and 5 of the compact.
As added by P.L.2-1991, SEC.16.
IC 9-28-1-3
Form and content
Sec. 3. The driver license compact is hereby enacted into law andentered into with all other jurisdictions legally joining therein in theform substantially as follows:
DRIVER LICENSE COMPACT
ARTICLE 1
Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materiallyaffected by the degree of compliance with state laws and localordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that theviolator engages in conduct which is likely to endanger thesafety of persons and property.
(3) The continuance in force of a license to drive is predicatedupon compliance with laws and ordinances relating to theoperation of motor vehicles, in whichever jurisdiction thevehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, andadministrative rules and regulations relating to the operation ofmotor vehicles by their operators in each of the jurisdictionswhere such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive andeligibility therefor more just and equitable by considering theoverall compliance with motor vehicle laws, ordinances, and
administrative rules and regulations as a condition precedent tothe continuance or issuance of any license by reason of whichthe licensee is authorized or permitted to operate a motorvehicle in any of the party states.
ARTICLE 2
Definitions
As used in this compact:
(a) "State" means a state, territory, or possession of the UnitedStates, the District of Columbia, or the Commonwealth of PuertoRico.
(b) "Home state" means the state which has issued and has thepower to suspend or revoke the use of the license or permit to operatea motor vehicle.
(c) "Conviction" means a conviction of any offense related to theuse or operation of a motor vehicle which is prohibited by state law,municipal ordinance, or administrative rule or regulation, or aforfeiture of bail, bond, or other security deposited to secureappearance by a person charged with having committed any suchoffense, and which conviction or forfeiture is required to be reportedto the licensing authority.
ARTICLE 3
Reports of Conviction
The licensing authority of a party state shall report eachconviction of a person from another party state occurring within itsjurisdiction to the licensing authority of the home state of thelicensee. Such report shall clearly identify the person convicted;describe the violation specifying the section of the statute, code, orordinance violated; identify the court in which action was taken;indicate whether a plea of guilty or not guilty was entered, or theconviction was a result of the forfeiture of bail, bond, or othersecurity; and shall include any special findings made in connectiontherewith.
ARTICLE 4
Effect of Conviction
(a) The licensing authority in the home state, for the purposes ofsuspension, revocation, or limitation of the license to operate a motorvehicle, shall give the same effect to the conduct reported, pursuantto Article 3 of this compact, as it would if such conduct had occurredin the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from theoperation of a motor vehicle.
(2) Driving a motor vehicle while under the influence ofintoxicating liquor or a narcotic drug, or under the influence ofany other drug to a degree which renders the driver incapable ofsafely driving a motor vehicle.
(3) Any felony in the commission of which a motor vehicle isused.
(4) Failure to stop and render aid in the event of a motor vehicleaccident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to Article 3, the
licensing authority in the home state shall give such effect to theconduct as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses orviolations denominated or described in precisely the words employedin subdivision (a) of this article, such party state shall construe thedenominations and descriptions appearing in subdivision (a) hereofas being applicable to and identifying those offenses or violations ofa substantially similar nature, and the laws of such party state shallcontain such provisions as may be necessary to ensure that full forceand effect is given to this article.
ARTICLE 5
Applications for New Licenses
Upon application for a license to drive, the licensing authority ina party state shall ascertain whether the applicant has ever held, or isthe holder of a license to drive issued by any other party state. Thelicensing authority in the state where application is made shall notissue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has beensuspended by reason, in whole or in part, of a violation and ifsuch suspension period has not terminated.
(2) The applicant has held such a license, but the same has beenrevoked by reason, in whole or in part, of a violation and if suchrevocation has not terminated, except that after the expirationof one (1) year from the date the license was revoked, suchperson may make application for a new license if permitted bylaw. The licensing authority may refuse to issue a license to anysuch applicant if, after investigation, the licensing authoritydetermines that it will not be safe to grant to such person theprivilege of driving a motor vehicle on the highways.
(3) The applicant is the holder of a license to drive issued byanother party state and currently in force unless the applicantsurrenders such license.
ARTICLE 6
Applicability of Other Laws
Except as expressly required by provisions of this compact,nothing contained herein shall be construed to affect the right of anyparty state to apply any of its other laws relating to licenses to driveto any person or circumstance, nor to invalidate or prevent any driverlicense agreement or other cooperative arrangement between a partystate and a nonparty state.
ARTICLE 7
Compact Administrator and Interchange of Information
(a) The head of the licensing authority of each party shall be theadministrator of this compact for his state. The administrators, actingjointly, shall have the power to formulate all necessary and properprocedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to theadministrator of each other party state any information or documentsreasonably necessary to facilitate the administration of this compact.
ARTICLE 8
Entry into Force and Withdrawal
(a) This compact shall enter into force and become effective as toany state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enactinga statute repealing the same, but no such withdrawal shall take effectuntil six (6) months after the executive head of the withdrawing statehas given notice of the withdrawal to the executive heads of all otherparty states. No withdrawal shall affect the validity or applicabilityby the licensing authorities of states remaining party to the compactof any report of conviction occurring prior to the withdrawal.
ARTICLE 9
Construction and Severability
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severableand if any phrase, clause, sentence, or provision of this compact isdeclared to be contrary to the Constitution of any party state or of theUnited States or the applicability thereof to any government, agency,person, or circumstance is held invalid, the validity of the remainderof this compact and the applicability thereof to any government,agency, person, or circumstance shall not be affected thereby. If thiscompact shall be held contrary to the constitution of any state partythereto, the compact shall remain in full force and effect as to theremaining states and in full force and effect as to the state affectedas to all severable matters.
As added by P.L.2-1991, SEC.16.
IC 9-28-1-4
Compact administrator; compensation
Sec. 4. The compact administrator provided for in Article 7 of thecompact is not entitled to any additional compensation due to serviceas the administrator, but is entitled to expenses incurred inconnection with duties and responsibilities as the administrator, inthe same manner as for expenses incurred in connection with anyother duties or responsibilities of office or employment.
As added by P.L.2-1991, SEC.16.
IC 9-28-1-5
Suspension, revocation, or limitation of license to drive; report ofaction taken
Sec. 5. Any court or other agency of this state, or a subdivisionthereof, that has jurisdiction to take any action suspending, revoking,or otherwise limiting a license to drive shall report that action andthe adjudication upon which the action is based to the bureau withinfive (5) days on forms approved by the bureau.
As added by P.L.2-1991, SEC.16.
IC 9-28-1-6
Act or omission in enforcing compact; review procedures; scope ofreview
Sec. 6. An act or omission of an official or employee of this state
done or omitted under or in enforcing the provisions of the driverlicense compact are subject to review in accordance with IC 4-21.5,but any review of the validity of conviction reported under thecompact is limited to establishing the identity of the personconvicted.
As added by P.L.2-1991, SEC.16.