IC 14-16 ARTICLE 16. REGULATION OF LAND
RECREATION
IC 14-16-1
Chapter 1. Off-Road Vehicles
IC 14-16-1-1 Legislative intent
Sec. 1. It is the general intent and purpose of the general assembly
in enacting this chapter to promote:
(1) safety for persons and property;
(2) responsible enjoyment in and connected with the use and
operation of off-road vehicles and snowmobiles; and
(3) understanding consistent with the rights of all the citizens of
Indiana. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.35.
IC 14-16-1-1.5 "Alcoholic beverage" defined
Sec. 1.5. As used in this chapter, "alcoholic beverage" has the
meaning set forth in IC 7.1-1-3-5. As added by P.L.219-2005, SEC.16.
IC 14-16-1-1.8 "Collector snowmobile" defined
Sec. 1.8. As used in this chapter, "collector snowmobile" means
a snowmobile that is:
(1) at least twenty-five (25) years old; and
(2) owned and operated as a collector snowmobile for
participation in special events of limited duration, including
races, parades, and other group events. As added by P.L.86-2010, SEC.5.
IC 14-16-1-2 "Dealer" defined
Sec. 2. As used in this chapter, "dealer" means a person engaged
in the commercial sale of off-road vehicles or snowmobiles. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.36.
IC 14-16-1-3
Repealed
(Repealed by P.L.225-2005, SEC.25.)
IC 14-16-1-4 "Operate" defined
Sec. 4. As used in this chapter, "operate" means to:
(1) ride in or on; and
(2) be in actual physical control of the operation of;
a vehicle.
As added by P.L.1-1995, SEC.9. Amended by P.L.225-2005, SEC.11.
IC 14-16-1-5 "Operator" defined
Sec. 5. As used in this chapter, "operator" means an individual
who:
(1) operates; or
(2) is in actual physical control of;
an off-road vehicle or a snowmobile. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.38.
IC 14-16-1-6 "Owner" defined
Sec. 6. As used in this chapter, "owner" means a person, other
than a lienholder, who:
(1) has the property in or title to; and
(2) is entitled to the use or possession of;
an off-road vehicle or a snowmobile. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.39.
IC 14-16-1-7 "Vehicle" defined
Sec. 7. As used in this chapter, "vehicle" refers to an off-road
vehicle or a snowmobile. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.40.
IC 14-16-1-8 Registration; requirement; exemptions
Sec. 8. (a) Except as otherwise provided, the following may not
be operated on public property unless registered:
(1) An off-road vehicle.
(2) A snowmobile (including a collector snowmobile).
(b) Except as provided under subsection (c), the following must
be registered under this chapter:
(1) A vehicle that is purchased after December 31, 2003.
(2) A collector snowmobile.
(c) Registration is not required for the following vehicles:
(1) An off-road vehicle that is exclusively operated in a special
event of limited duration that is conducted according to a
prearranged schedule under a permit from the governmental
unit having jurisdiction.
(2) A vehicle being operated by a nonresident of Indiana as
authorized under section 19 of this chapter.
(3) A vehicle being operated for purposes of testing or
demonstration with temporary placement of numbers as set
forth in section 16 of this chapter.
(4) A vehicle the operator of which has in the operator's
possession a bill of sale from a dealer or private individual that
includes the following:
(A) The purchaser's name and address.
(B) A date of purchase that is not more than thirty-one (31)
days preceding the date that the operator is required to show
the bill of sale.
(C) The make, model, and vehicle number of the vehicle
provided by the manufacturer as required by section 13 of
this chapter. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.41;
P.L.225-2005, SEC.12; P.L.86-2010, SEC.6.
IC 14-16-1-9 Registration; application, issuance, and certificate
Sec. 9. (a) The owner of each vehicle required to be registered
under this chapter must do the following every three (3) years:
(1) File an application for registration with the department on
forms provided by the department.
(2) Sign the application.
(3) If the off-road vehicle is purchased after December 31,
2003, include a copy of the bill of sale.
(4) Include a signed affidavit in which the applicant swears or
affirms that the information set forth in the application by the
applicant is correct.
(5) Pay a fee of thirty dollars ($30).
(b) Upon receipt of an application in approved form, the
department shall enter the application upon the department's records
and issue to the applicant the following:
(1) A certificate of registration containing the following:
(A) The number awarded to the vehicle.
(B) The name and address of the owner.
(C) Other information that the department considers
necessary.
(2) Two (2) decals indicating the vehicle's registration number
and the year in which the registration will expire that must be
attached to the vehicle as provided in section 11.5 of this
chapter.
(c) A certificate of registration must:
(1) be pocket size;
(2) accompany the vehicle; and
(3) be made available for inspection upon demand by a law
enforcement officer. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.42.
IC 14-16-1-9.5 Registration; certificate of title for off-road vehicle
Sec. 9.5. Registration under this chapter does not relieve an owner
of an off-road vehicle from any requirement to obtain a certificate of
title for the off-road vehicle under IC 9-17-2. As added by P.L.219-2005, SEC.17.
IC 14-16-1-10 Use of revenues
Sec. 10. The revenues obtained under this chapter shall be
deposited into the off-road vehicle and snowmobile fund under
IC 14-16-1-30. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.43.
IC 14-16-1-11 Display of registration decals; registration expiration
Sec. 11. (a) The department may adopt rules for the size and
placement of registration decals upon vehicles.
(b) Not earlier than ninety (90) days before the expiration date of
a certificate, a registration renewal decal or other device may be
issued indicating that the certificate of registration is in full force and
effect. The department shall adopt rules under IC 4-22-2 prescribing
the display of the decal or other device.
(c) An initial certificate of registration and a renewal of a
certificate awarded under this chapter expires three (3) years from
the date of purchase of the certificate unless the certificate is
canceled.
(d) The department may:
(1) award a certificate of number directly; or
(2) authorize a person to act as the department's agent for the
awarding. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.44.
IC 14-16-1-11.5 Decal placement; decal replacement
Sec. 11.5. (a) The owner of a vehicle shall attach the decals issued
under section 9 of this chapter on the forward half of the vehicle. All
decals shall be maintained in a legible condition and displayed only
for the period for which the registration is valid.
(b) If a registration decal is lost or destroyed, the owner may
apply for a duplicate on forms provided by the department. An
application submitted under this subsection must be accompanied by
a fee established by the department for each decal. Upon receipt of
a proper application and the required fee, the department shall issue
a duplicate registration decal to the owner. As added by P.L.186-2003, SEC.45.
IC 14-16-1-12 Public records
Sec. 12. Records of the department made or kept under this
chapter are public records except as otherwise provided. As added by P.L.1-1995, SEC.9.
IC 14-16-1-13 Vehicle number
Sec. 13. A manufacturer of a vehicle shall stamp into the frame of
the vehicle the vehicle number, which is an identifying number
unique to the vehicle. The number shall be stamped where the
number is easily visible with a minimum of physical effort. A
manufacturer shall furnish to a requesting police agency or the
department information as to the location of vehicle numbers on
vehicles the manufacturer produces. The vehicle number shall be
printed on the registration certificate issued by the department to the
vehicle owner. As added by P.L.1-1995, SEC.9.
IC 14-16-1-14 Surrender and transfer of certificate
Sec. 14. (a) The owner of a vehicle required to be registered under
this chapter shall notify the department within fifteen (15) days if
any of the following conditions exist:
(1) The vehicle is destroyed or abandoned.
(2) The vehicle is sold or an interest in the vehicle is transferred
wholly or in part to another person.
(3) The owner's address no longer conforms to the address
appearing on the certificate of registration.
(b) The notice must consist of a surrender of the certificate of
registration on which the proper information shall be noted on a
place to be provided.
(c) If the surrender of the certificate is required because the
vehicle is destroyed or abandoned, the department shall cancel the
certificate and enter that fact in the records. The number then may be
reassigned.
(d) If the surrender is required because of a change of address on
the part of the owner, the department shall record the new address.
Upon payment of a fee established by the commission, a certificate
of registration bearing the new information shall be returned to the
owner.
(e) The transferee of a vehicle registered under this chapter shall,
within fifteen (15) days after acquiring the vehicle, make application
to the department for transfer to the transferee of the certificate of
registration issued to the vehicle. The transferee shall provide the
transferee's name and address and the number of the vehicle and pay
to the department a fee established by the department. Upon receipt
of the application and fee, the department shall transfer the
certificate of registration issued for the vehicle to the new owner.
Unless the application is made and the fee paid within fifteen (15)
days, the vehicle is considered to be without a certificate of
registration and a person may not operate the vehicle until a
certificate is issued. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.46;
P.L.246-2005, SEC.117.
IC 14-16-1-15 Duplicate certificates
Sec. 15. If a certificate of registration is lost, mutilated, or
illegible, the owner of the vehicle may obtain a duplicate of the
certificate upon application and payment of a fee established by the
commission.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.47;
P.L.246-2005, SEC.118.
IC 14-16-1-16 Certificates for testing or demonstrating vehicles
Sec. 16. (a) A dealer or manufacturer may obtain certificates of
registration for use in the testing or demonstrating of vehicles upon
the following:
(1) Application to the department upon forms provided by the
department.
(2) Payment of a fee established by the department for each of
the first two (2) registration certificates. Additional certificates
that the dealer requires may be issued for a fee established by
the commission.
(b) An applicant may use a certificate issued under this section
only in the testing or demonstrating of vehicles by temporary
placement of the numbers on the vehicle being tested or
demonstrated. A certificate issued under this section may be used on
only one (1) vehicle at any given time. The temporary placement of
numbers must conform to the requirements of this chapter or rules
adopted under this chapter.
(c) A certificate issued under this section is valid for three (3)
years. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.48;
P.L.246-2005, SEC.119.
IC 14-16-1-17 Altered vehicle numbers prohibited
Sec. 17. A person may not possess a vehicle with an altered,
defaced, or obliterated vehicle number. As added by P.L.1-1995, SEC.9.
IC 14-16-1-18 Duties of dealers
Sec. 18. (a) A dealer shall maintain in safe operating condition all
vehicles rented, leased, or furnished by the dealer. The dealer or the
dealer's agents or employees shall explain the operation of a vehicle
being rented, leased, or furnished. If the dealer or the dealer's agent
or employee believes the person to whom the vehicle is to be rented,
leased, or furnished is not competent to operate the vehicle with
safety to the person or others, the dealer or the dealer's agent or
employee shall refuse to rent, lease, or furnish the vehicle.
(b) A dealer renting, leasing, or furnishing a vehicle shall carry a
policy of liability insurance subject to minimum limits, exclusive of
interest and costs, with respect to the vehicle as follows:
(1) Twenty thousand dollars ($20,000) for bodily injury to or
death of one (1) person in any one (1) accident.
(2) Subject to the limit for one (1) person, forty thousand
dollars ($40,000) for bodily injury to or death of at least two (2)
persons in any one (1) accident.
(3) Ten thousand dollars ($10,000) for injury to or destruction
of property of others in any one (1) accident.
(c) In the alternative, a dealer may demand and must be shown
proof that the person renting, leasing, or being furnished a vehicle
carries a liability policy of at least the type and coverage specified in
subsection (b).
(d) A dealer:
(1) shall prepare an application for a certificate of title as
required by IC 9-17-2-1.5 for a purchaser of an off-road vehicle
and shall submit the application for the certificate of title in the
format required by IC 9-17-2-2 to the bureau of motor vehicles;
and
(2) may charge a processing fee for this service that may not
exceed ten dollars ($10).
(e) This subsection does not apply to an off-road vehicle that is at
least five (5) model years old. After January 1, 2008, a dealer may
not have on its premise an off-road vehicle that does not have a
certificate of:
(1) origin from its manufacturer; or
(2) title issued by;
(A) the bureau of motor vehicles or its equivalent in another
state; or
(B) a foreign country. As added by P.L.1-1995, SEC.9. Amended by P.L.219-2005, SEC.18.
IC 14-16-1-19 Vehicles registered in foreign nation or state
Sec. 19. A vehicle registered in another state or country to a
nonresident of Indiana may be operated within Indiana under
authority of the registration for a period not to exceed twenty (20)
days in one (1) year. As added by P.L.1-1995, SEC.9.
IC 14-16-1-20 Operation on highways and roads
Sec. 20. (a) An individual may not operate a vehicle required to
be registered under this chapter upon a public highway, street, or
rights-of-way thereof or on a public or private parking lot not
specifically designated for the use of vehicles, except under the
following conditions:
(1) A vehicle may be operated on the public right-of-way
adjacent to the traveled part of the public highway, except a
limited access highway, if there is sufficient width to operate at
a reasonable distance off and away from the traveled part and
in a manner so as not to endanger life or property.
(2) The operator of a vehicle may cross a public highway, other
than a limited access highway, at right angles for the purpose of
getting from one (1) area to another when the operation can be
done in safety. The operator shall bring the vehicle to a
complete stop before proceeding across a public highway and
shall yield the right-of-way to all traffic.
(3) Notwithstanding this section, a vehicle may be operated on
a highway in a county road system outside the corporate limits
of a city or town if the highway is designated for this purpose
by the county highway department having jurisdiction.
(4) A law enforcement officer of a city, town, or county or the
state may authorize use of a vehicle on the public highways,
streets, and rights-of-way within the officer's jurisdiction during
emergencies when conventional motor vehicles cannot be used
for transportation due to snow or other extreme highway
conditions.
(5) A vehicle may be operated on a street or highway for a
special event of limited duration conducted according to a
prearranged schedule only under permit from the governmental
unit having jurisdiction. The event may be conducted on the
frozen surface of public waters only under permit from the
department.
(b) An individual less than fourteen (14) years of age may not
operate a vehicle without immediate supervision of an individual at
least eighteen (18) years of age, except on land owned or under the
control of the individual or the individual's parent or legal guardian.
(c) An individual may not operate a vehicle on a public highway
without a valid motor vehicle driver's license.
(d) A vehicle may not be used to hunt, pursue, worry, or kill a
wild bird or a domestic or wild animal. As added by P.L.1-1995, SEC.9.
IC 14-16-1-21 Lights and brakes
Sec. 21. (a) A vehicle may not be operated between sunset and
sunrise unless the vehicle has at least one (1) headlight and one (1)
taillight.
(b) A vehicle may not be operated at any time unless the vehicle
has adequate brakes capable of producing deceleration at fourteen
(14) feet a second on level ground at a speed of twenty (20) miles per
hour. As added by P.L.1-1995, SEC.9. Amended by P.L.14-1998, SEC.2.
IC 14-16-1-22 Local ordinances
Sec. 22. A county, city, or town may pass an ordinance regulating
the operation of vehicles if the ordinance meets substantially the
minimum requirements of this chapter. However, a county, city, or
town may not adopt an ordinance that does any of the following:
(1) Imposes a fee for a license.
(2) Specifies accessory equipment to be carried on the vehicles.
(3) Requires a vehicle operator to possess a driver's license
issued under IC 9-24-11 while operating an off-road vehicle or
snowmobile.
(4) Imposes a dry weight limitation of less than two thousand
(2,000) pounds. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.49;
P.L.86-2010, SEC.7.
IC 14-16-1-23 Restrictions on operation
Sec. 23. (a) An individual shall not operate a vehicle under any of
the following conditions:
(1) At a rate of speed greater than is reasonable and proper
having due regard for existing conditions or in a manner that
unnecessarily endangers the person or property of another.
(2) While:
(A) under the influence of an alcoholic beverage; or
(B) unlawfully under the influence of a narcotic or other
habit forming or dangerous depressant or stimulant drug.
(3) During the hours from thirty (30) minutes after sunset to
thirty (30) minutes before sunrise without displaying a lighted
headlight and a lighted taillight.
(4) In a forest nursery, a planting area, or public land posted or
reasonably identified as an area of forest or plant reproduction
and when growing stock may be damaged.
(5) On the frozen surface of public waters within:
(A) one hundred (100) feet of an individual not in or upon a
vehicle; or
(B) one hundred (100) feet of a fishing shanty or shelter;
except at a speed of not more than five (5) miles per hour.
(6) Unless the vehicle is equipped with a muffler in good
working order and in constant operation to prevent excessive or
unusual noise and annoying smoke.
(7) Within one hundred (100) feet of a dwelling between
midnight and 6:00 a.m., except on the individual's own property
or property under the individual's control or as an invited guest.
(8) On any property without the consent of the landowner or
tenant.
(9) While transporting on or in the vehicle a firearm unless the
firearm is:
(A) unloaded; and
(B) securely encased or equipped with and made inoperative
by a manufactured keylocked trigger housing mechanism.
(10) On or across a cemetery or burial ground.
(11) Within one hundred (100) feet of a slide, ski, or skating
area, except for the purpose of servicing the area.
(12) On a railroad track or railroad right-of-way, except railroad
personnel in the performance of duties.
(13) In or upon a flowing river, stream, or creek, except for the
purpose of crossing by the shortest possible route, unless the
river, stream, or creek is of sufficient water depth to permit
movement by flotation of the vehicle at all times.
(14) An individual shall not operate a vehicle while a bow is
present in or on the vehicle if the nock of an arrow is in position
on the string of the bow.
(b) Subsection (a)(9) does not apply to a person who is carrying
a handgun if the person:
(1) has been issued an unlimited handgun license to carry a
handgun under IC 35-47-2; or
(2) is not required to possess a license to carry a handgun under
IC 35-47-2-2. As added by P.L.1-1995, SEC.9. Amended by P.L.181-1995, SEC.2;
P.L.186-2003, SEC.50; P.L.219-2005, SEC.19.
IC 14-16-1-24 Duties in case of accident
Sec. 24. (a) The operator of a vehicle involved in an accident
resulting in serious bodily injury to or death of an individual or
property damage in an estimated amount of at least seven hundred
fifty dollars ($750) shall immediately, by the quickest means of
communication, notify at least one (1) of the following:
(1) A state police officer or conservation officer.
(2) The sheriff's office of the county where the accident
occurred.
(3) The office of the police department of the municipality
where the accident occurred.
(b) The police agency receiving the notice shall do the following:
(1) Complete a report of the accident on forms prescribed by the
director.
(2) Forward the report to the director. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.51.
IC 14-16-1-25 Enforcement powers
Sec. 25. (a) All law enforcement officers in Indiana shall enforce
this chapter.
(b) The attorney general and prosecuting attorneys have
concurrent power to approve, file, and prosecute an affidavit
charging a violation of this chapter. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.52.
IC 14-16-1-26 Duties of department; trail land purchases
Sec. 26. (a) The department shall do the following:
(1) Prescribe the form of accident reports and registration
certificates and the form of application for the certificates.
(2) Conduct a campaign of education with respect to safety in
the operation of vehicles in connection with the use and
enjoyment of the public and private land of Indiana and with
respect to Indiana laws relating to vehicles.
(3) Construct and maintain vehicle trails on public and private
land consistent with the intent of this chapter.
(b) Notwithstanding any other law, the department may purchase
land for off-road vehicle and snowmobile trails only from a willing
seller of the land. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.53.
IC 14-16-1-27 Operation on public property
Sec. 27. An individual may not operate a vehicle:
(1) on public property without the consent of the state or an
agency of the state; or
(2) in a United States forest without the consent of the United
States Forest Service. As added by P.L.1-1995, SEC.9.
IC 14-16-1-28 Duties of landowners and tenants
Sec. 28. (a) Except as provided in subsection (e), landowners and
tenants of land do not owe a duty of care to do any of the following:
(1) Keep their premises safe for entry or use by persons
operating, using, or riding in vehicles for recreational purposes.
(2) Give a warning of a dangerous condition, use, structure, or
activity on their premises to such persons.
(b) Except as provided in subsection (d), a landowner or tenant
who invites or permits a person to operate, use, or ride in a vehicle
for recreational purposes on the landowner's or tenant's property does
not do any of the following:
(1) Make any representation or extend any assurances that the
premises are safe for any purpose.
(2) Confer upon the person the legal status of invitee or licensee
to whom a duty of care is owed.
(3) Assume responsibility for or incur liability for any injury to
a person or property caused by an act or omission of the person.
(c) Unless otherwise agreed in writing, this section is considered
applicable to the duties and liabilities of:
(1) an owner of land leased to; or
(2) the owner of an interest or a right in land transferred to or
the subject of an agreement with;
the United States or an agency or a subdivision of the United States
or the state or an agency or a subdivision of the state.
(d) This section does not do the following:
(1) Limit in any way any liability that otherwise exists.
(2) Apply to the following:
(A) Willful or malicious failure to guard or warn against a
dangerous condition, use, structure, or activity.
(B) Deliberate, willful, or malicious injury to a person or
property.
(C) Injury suffered in any case where the owner of land or
tenant charges a fee or admission charge or other valuable
consideration to a person who enters or uses the land with a
vehicle for the purpose of using the vehicle for recreational
purposes.
However, if land or an interest or a right in land is leased or
transferred to or the subject of an agreement with the United States
or an agency or a subdivision of the United States or to the state or
an agency or subdivision of the state, any consideration received by
the holder of the lease, interest, right, or agreement is not considered
a charge under this section.
(e) This section does not do any of the following:
(1) Create or increase a duty of care or ground of liability for
injury to a person or property.
(2) Relieve a person using a vehicle for recreational purposes
upon the land of another from an obligation that the person may
have in the absence of this section to exercise care in the use of
the land and the person's activities on the land or from the legal
consequences of failure to employ care. As added by P.L.1-1995, SEC.9.
IC 14-16-1-29 Violations; offenses
Sec. 29. (a) Except as provided in subsections (b) and (c), a
person who violates this chapter commits a Class C infraction.
(b) A person who violates section 17, 18(a), 18(b), 18(c), 23(a)(1),
23(a)(2), or 24 of this chapter commits a Class B misdemeanor.
(c) A person who violates section 18(d) or 18(e) of this chapter
commits a Class A infraction. As added by P.L.1-1995, SEC.9. Amended by P.L.181-1995, SEC.3;
P.L.155-2002, SEC.5 and P.L.158-2002, SEC.4; P.L.186-2003,
SEC.54; P.L.225-2005, SEC.13; P.L.219-2005, SEC.20; P.L.1-2006,
SEC.210.
IC 14-16-1-30 Off-road vehicle and snowmobile fund
Sec. 30. (a) As used in this section, "fund" refers to the off-road
vehicle and snowmobile fund established by subsection (b).
(b) The off-road vehicle and snowmobile fund is established. The
fund shall be administered by the department.
(c) The fund consists of the revenues obtained under this chapter,
appropriations, and donations. Money in the fund shall be used for
the following purposes:
(1) Enforcement and administration of this chapter.
(2) Constructing and maintaining off-road vehicle trails.
(3) Constructing and maintaining snowmobile trails.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(e) Money in the fund at the end of the state fiscal year does not
revert to the state general fund. As added by P.L.186-2003, SEC.55.
IC 14-16-1-31 Dry weight limitation of less than 2,000 pounds
Sec. 31. The department may not adopt a rule, regulation, or
guideline that, with respect to an off-road vehicle, imposes a dry
weight limitation of less than two thousand (2,000) pounds. As added by P.L.86-2010, SEC.8.
IC 14-16 ARTICLE 16. REGULATION OF LAND
RECREATION
IC 14-16-1
Chapter 1. Off-Road Vehicles
IC 14-16-1-1 Legislative intent
Sec. 1. It is the general intent and purpose of the general assembly
in enacting this chapter to promote:
(1) safety for persons and property;
(2) responsible enjoyment in and connected with the use and
operation of off-road vehicles and snowmobiles; and
(3) understanding consistent with the rights of all the citizens of
Indiana. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.35.
IC 14-16-1-1.5 "Alcoholic beverage" defined
Sec. 1.5. As used in this chapter, "alcoholic beverage" has the
meaning set forth in IC 7.1-1-3-5. As added by P.L.219-2005, SEC.16.
IC 14-16-1-1.8 "Collector snowmobile" defined
Sec. 1.8. As used in this chapter, "collector snowmobile" means
a snowmobile that is:
(1) at least twenty-five (25) years old; and
(2) owned and operated as a collector snowmobile for
participation in special events of limited duration, including
races, parades, and other group events. As added by P.L.86-2010, SEC.5.
IC 14-16-1-2 "Dealer" defined
Sec. 2. As used in this chapter, "dealer" means a person engaged
in the commercial sale of off-road vehicles or snowmobiles. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.36.
IC 14-16-1-3
Repealed
(Repealed by P.L.225-2005, SEC.25.)
IC 14-16-1-4 "Operate" defined
Sec. 4. As used in this chapter, "operate" means to:
(1) ride in or on; and
(2) be in actual physical control of the operation of;
a vehicle.
As added by P.L.1-1995, SEC.9. Amended by P.L.225-2005, SEC.11.
IC 14-16-1-5 "Operator" defined
Sec. 5. As used in this chapter, "operator" means an individual
who:
(1) operates; or
(2) is in actual physical control of;
an off-road vehicle or a snowmobile. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.38.
IC 14-16-1-6 "Owner" defined
Sec. 6. As used in this chapter, "owner" means a person, other
than a lienholder, who:
(1) has the property in or title to; and
(2) is entitled to the use or possession of;
an off-road vehicle or a snowmobile. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.39.
IC 14-16-1-7 "Vehicle" defined
Sec. 7. As used in this chapter, "vehicle" refers to an off-road
vehicle or a snowmobile. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.40.
IC 14-16-1-8 Registration; requirement; exemptions
Sec. 8. (a) Except as otherwise provided, the following may not
be operated on public property unless registered:
(1) An off-road vehicle.
(2) A snowmobile (including a collector snowmobile).
(b) Except as provided under subsection (c), the following must
be registered under this chapter:
(1) A vehicle that is purchased after December 31, 2003.
(2) A collector snowmobile.
(c) Registration is not required for the following vehicles:
(1) An off-road vehicle that is exclusively operated in a special
event of limited duration that is conducted according to a
prearranged schedule under a permit from the governmental
unit having jurisdiction.
(2) A vehicle being operated by a nonresident of Indiana as
authorized under section 19 of this chapter.
(3) A vehicle being operated for purposes of testing or
demonstration with temporary placement of numbers as set
forth in section 16 of this chapter.
(4) A vehicle the operator of which has in the operator's
possession a bill of sale from a dealer or private individual that
includes the following:
(A) The purchaser's name and address.
(B) A date of purchase that is not more than thirty-one (31)
days preceding the date that the operator is required to show
the bill of sale.
(C) The make, model, and vehicle number of the vehicle
provided by the manufacturer as required by section 13 of
this chapter. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.41;
P.L.225-2005, SEC.12; P.L.86-2010, SEC.6.
IC 14-16-1-9 Registration; application, issuance, and certificate
Sec. 9. (a) The owner of each vehicle required to be registered
under this chapter must do the following every three (3) years:
(1) File an application for registration with the department on
forms provided by the department.
(2) Sign the application.
(3) If the off-road vehicle is purchased after December 31,
2003, include a copy of the bill of sale.
(4) Include a signed affidavit in which the applicant swears or
affirms that the information set forth in the application by the
applicant is correct.
(5) Pay a fee of thirty dollars ($30).
(b) Upon receipt of an application in approved form, the
department shall enter the application upon the department's records
and issue to the applicant the following:
(1) A certificate of registration containing the following:
(A) The number awarded to the vehicle.
(B) The name and address of the owner.
(C) Other information that the department considers
necessary.
(2) Two (2) decals indicating the vehicle's registration number
and the year in which the registration will expire that must be
attached to the vehicle as provided in section 11.5 of this
chapter.
(c) A certificate of registration must:
(1) be pocket size;
(2) accompany the vehicle; and
(3) be made available for inspection upon demand by a law
enforcement officer. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.42.
IC 14-16-1-9.5 Registration; certificate of title for off-road vehicle
Sec. 9.5. Registration under this chapter does not relieve an owner
of an off-road vehicle from any requirement to obtain a certificate of
title for the off-road vehicle under IC 9-17-2. As added by P.L.219-2005, SEC.17.
IC 14-16-1-10 Use of revenues
Sec. 10. The revenues obtained under this chapter shall be
deposited into the off-road vehicle and snowmobile fund under
IC 14-16-1-30. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.43.
IC 14-16-1-11 Display of registration decals; registration expiration
Sec. 11. (a) The department may adopt rules for the size and
placement of registration decals upon vehicles.
(b) Not earlier than ninety (90) days before the expiration date of
a certificate, a registration renewal decal or other device may be
issued indicating that the certificate of registration is in full force and
effect. The department shall adopt rules under IC 4-22-2 prescribing
the display of the decal or other device.
(c) An initial certificate of registration and a renewal of a
certificate awarded under this chapter expires three (3) years from
the date of purchase of the certificate unless the certificate is
canceled.
(d) The department may:
(1) award a certificate of number directly; or
(2) authorize a person to act as the department's agent for the
awarding. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.44.
IC 14-16-1-11.5 Decal placement; decal replacement
Sec. 11.5. (a) The owner of a vehicle shall attach the decals issued
under section 9 of this chapter on the forward half of the vehicle. All
decals shall be maintained in a legible condition and displayed only
for the period for which the registration is valid.
(b) If a registration decal is lost or destroyed, the owner may
apply for a duplicate on forms provided by the department. An
application submitted under this subsection must be accompanied by
a fee established by the department for each decal. Upon receipt of
a proper application and the required fee, the department shall issue
a duplicate registration decal to the owner. As added by P.L.186-2003, SEC.45.
IC 14-16-1-12 Public records
Sec. 12. Records of the department made or kept under this
chapter are public records except as otherwise provided. As added by P.L.1-1995, SEC.9.
IC 14-16-1-13 Vehicle number
Sec. 13. A manufacturer of a vehicle shall stamp into the frame of
the vehicle the vehicle number, which is an identifying number
unique to the vehicle. The number shall be stamped where the
number is easily visible with a minimum of physical effort. A
manufacturer shall furnish to a requesting police agency or the
department information as to the location of vehicle numbers on
vehicles the manufacturer produces. The vehicle number shall be
printed on the registration certificate issued by the department to the
vehicle owner. As added by P.L.1-1995, SEC.9.
IC 14-16-1-14 Surrender and transfer of certificate
Sec. 14. (a) The owner of a vehicle required to be registered under
this chapter shall notify the department within fifteen (15) days if
any of the following conditions exist:
(1) The vehicle is destroyed or abandoned.
(2) The vehicle is sold or an interest in the vehicle is transferred
wholly or in part to another person.
(3) The owner's address no longer conforms to the address
appearing on the certificate of registration.
(b) The notice must consist of a surrender of the certificate of
registration on which the proper information shall be noted on a
place to be provided.
(c) If the surrender of the certificate is required because the
vehicle is destroyed or abandoned, the department shall cancel the
certificate and enter that fact in the records. The number then may be
reassigned.
(d) If the surrender is required because of a change of address on
the part of the owner, the department shall record the new address.
Upon payment of a fee established by the commission, a certificate
of registration bearing the new information shall be returned to the
owner.
(e) The transferee of a vehicle registered under this chapter shall,
within fifteen (15) days after acquiring the vehicle, make application
to the department for transfer to the transferee of the certificate of
registration issued to the vehicle. The transferee shall provide the
transferee's name and address and the number of the vehicle and pay
to the department a fee established by the department. Upon receipt
of the application and fee, the department shall transfer the
certificate of registration issued for the vehicle to the new owner.
Unless the application is made and the fee paid within fifteen (15)
days, the vehicle is considered to be without a certificate of
registration and a person may not operate the vehicle until a
certificate is issued. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.46;
P.L.246-2005, SEC.117.
IC 14-16-1-15 Duplicate certificates
Sec. 15. If a certificate of registration is lost, mutilated, or
illegible, the owner of the vehicle may obtain a duplicate of the
certificate upon application and payment of a fee established by the
commission.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.47;
P.L.246-2005, SEC.118.
IC 14-16-1-16 Certificates for testing or demonstrating vehicles
Sec. 16. (a) A dealer or manufacturer may obtain certificates of
registration for use in the testing or demonstrating of vehicles upon
the following:
(1) Application to the department upon forms provided by the
department.
(2) Payment of a fee established by the department for each of
the first two (2) registration certificates. Additional certificates
that the dealer requires may be issued for a fee established by
the commission.
(b) An applicant may use a certificate issued under this section
only in the testing or demonstrating of vehicles by temporary
placement of the numbers on the vehicle being tested or
demonstrated. A certificate issued under this section may be used on
only one (1) vehicle at any given time. The temporary placement of
numbers must conform to the requirements of this chapter or rules
adopted under this chapter.
(c) A certificate issued under this section is valid for three (3)
years. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.48;
P.L.246-2005, SEC.119.
IC 14-16-1-17 Altered vehicle numbers prohibited
Sec. 17. A person may not possess a vehicle with an altered,
defaced, or obliterated vehicle number. As added by P.L.1-1995, SEC.9.
IC 14-16-1-18 Duties of dealers
Sec. 18. (a) A dealer shall maintain in safe operating condition all
vehicles rented, leased, or furnished by the dealer. The dealer or the
dealer's agents or employees shall explain the operation of a vehicle
being rented, leased, or furnished. If the dealer or the dealer's agent
or employee believes the person to whom the vehicle is to be rented,
leased, or furnished is not competent to operate the vehicle with
safety to the person or others, the dealer or the dealer's agent or
employee shall refuse to rent, lease, or furnish the vehicle.
(b) A dealer renting, leasing, or furnishing a vehicle shall carry a
policy of liability insurance subject to minimum limits, exclusive of
interest and costs, with respect to the vehicle as follows:
(1) Twenty thousand dollars ($20,000) for bodily injury to or
death of one (1) person in any one (1) accident.
(2) Subject to the limit for one (1) person, forty thousand
dollars ($40,000) for bodily injury to or death of at least two (2)
persons in any one (1) accident.
(3) Ten thousand dollars ($10,000) for injury to or destruction
of property of others in any one (1) accident.
(c) In the alternative, a dealer may demand and must be shown
proof that the person renting, leasing, or being furnished a vehicle
carries a liability policy of at least the type and coverage specified in
subsection (b).
(d) A dealer:
(1) shall prepare an application for a certificate of title as
required by IC 9-17-2-1.5 for a purchaser of an off-road vehicle
and shall submit the application for the certificate of title in the
format required by IC 9-17-2-2 to the bureau of motor vehicles;
and
(2) may charge a processing fee for this service that may not
exceed ten dollars ($10).
(e) This subsection does not apply to an off-road vehicle that is at
least five (5) model years old. After January 1, 2008, a dealer may
not have on its premise an off-road vehicle that does not have a
certificate of:
(1) origin from its manufacturer; or
(2) title issued by;
(A) the bureau of motor vehicles or its equivalent in another
state; or
(B) a foreign country. As added by P.L.1-1995, SEC.9. Amended by P.L.219-2005, SEC.18.
IC 14-16-1-19 Vehicles registered in foreign nation or state
Sec. 19. A vehicle registered in another state or country to a
nonresident of Indiana may be operated within Indiana under
authority of the registration for a period not to exceed twenty (20)
days in one (1) year. As added by P.L.1-1995, SEC.9.
IC 14-16-1-20 Operation on highways and roads
Sec. 20. (a) An individual may not operate a vehicle required to
be registered under this chapter upon a public highway, street, or
rights-of-way thereof or on a public or private parking lot not
specifically designated for the use of vehicles, except under the
following conditions:
(1) A vehicle may be operated on the public right-of-way
adjacent to the traveled part of the public highway, except a
limited access highway, if there is sufficient width to operate at
a reasonable distance off and away from the traveled part and
in a manner so as not to endanger life or property.
(2) The operator of a vehicle may cross a public highway, other
than a limited access highway, at right angles for the purpose of
getting from one (1) area to another when the operation can be
done in safety. The operator shall bring the vehicle to a
complete stop before proceeding across a public highway and
shall yield the right-of-way to all traffic.
(3) Notwithstanding this section, a vehicle may be operated on
a highway in a county road system outside the corporate limits
of a city or town if the highway is designated for this purpose
by the county highway department having jurisdiction.
(4) A law enforcement officer of a city, town, or county or the
state may authorize use of a vehicle on the public highways,
streets, and rights-of-way within the officer's jurisdiction during
emergencies when conventional motor vehicles cannot be used
for transportation due to snow or other extreme highway
conditions.
(5) A vehicle may be operated on a street or highway for a
special event of limited duration conducted according to a
prearranged schedule only under permit from the governmental
unit having jurisdiction. The event may be conducted on the
frozen surface of public waters only under permit from the
department.
(b) An individual less than fourteen (14) years of age may not
operate a vehicle without immediate supervision of an individual at
least eighteen (18) years of age, except on land owned or under the
control of the individual or the individual's parent or legal guardian.
(c) An individual may not operate a vehicle on a public highway
without a valid motor vehicle driver's license.
(d) A vehicle may not be used to hunt, pursue, worry, or kill a
wild bird or a domestic or wild animal. As added by P.L.1-1995, SEC.9.
IC 14-16-1-21 Lights and brakes
Sec. 21. (a) A vehicle may not be operated between sunset and
sunrise unless the vehicle has at least one (1) headlight and one (1)
taillight.
(b) A vehicle may not be operated at any time unless the vehicle
has adequate brakes capable of producing deceleration at fourteen
(14) feet a second on level ground at a speed of twenty (20) miles per
hour. As added by P.L.1-1995, SEC.9. Amended by P.L.14-1998, SEC.2.
IC 14-16-1-22 Local ordinances
Sec. 22. A county, city, or town may pass an ordinance regulating
the operation of vehicles if the ordinance meets substantially the
minimum requirements of this chapter. However, a county, city, or
town may not adopt an ordinance that does any of the following:
(1) Imposes a fee for a license.
(2) Specifies accessory equipment to be carried on the vehicles.
(3) Requires a vehicle operator to possess a driver's license
issued under IC 9-24-11 while operating an off-road vehicle or
snowmobile.
(4) Imposes a dry weight limitation of less than two thousand
(2,000) pounds. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.49;
P.L.86-2010, SEC.7.
IC 14-16-1-23 Restrictions on operation
Sec. 23. (a) An individual shall not operate a vehicle under any of
the following conditions:
(1) At a rate of speed greater than is reasonable and proper
having due regard for existing conditions or in a manner that
unnecessarily endangers the person or property of another.
(2) While:
(A) under the influence of an alcoholic beverage; or
(B) unlawfully under the influence of a narcotic or other
habit forming or dangerous depressant or stimulant drug.
(3) During the hours from thirty (30) minutes after sunset to
thirty (30) minutes before sunrise without displaying a lighted
headlight and a lighted taillight.
(4) In a forest nursery, a planting area, or public land posted or
reasonably identified as an area of forest or plant reproduction
and when growing stock may be damaged.
(5) On the frozen surface of public waters within:
(A) one hundred (100) feet of an individual not in or upon a
vehicle; or
(B) one hundred (100) feet of a fishing shanty or shelter;
except at a speed of not more than five (5) miles per hour.
(6) Unless the vehicle is equipped with a muffler in good
working order and in constant operation to prevent excessive or
unusual noise and annoying smoke.
(7) Within one hundred (100) feet of a dwelling between
midnight and 6:00 a.m., except on the individual's own property
or property under the individual's control or as an invited guest.
(8) On any property without the consent of the landowner or
tenant.
(9) While transporting on or in the vehicle a firearm unless the
firearm is:
(A) unloaded; and
(B) securely encased or equipped with and made inoperative
by a manufactured keylocked trigger housing mechanism.
(10) On or across a cemetery or burial ground.
(11) Within one hundred (100) feet of a slide, ski, or skating
area, except for the purpose of servicing the area.
(12) On a railroad track or railroad right-of-way, except railroad
personnel in the performance of duties.
(13) In or upon a flowing river, stream, or creek, except for the
purpose of crossing by the shortest possible route, unless the
river, stream, or creek is of sufficient water depth to permit
movement by flotation of the vehicle at all times.
(14) An individual shall not operate a vehicle while a bow is
present in or on the vehicle if the nock of an arrow is in position
on the string of the bow.
(b) Subsection (a)(9) does not apply to a person who is carrying
a handgun if the person:
(1) has been issued an unlimited handgun license to carry a
handgun under IC 35-47-2; or
(2) is not required to possess a license to carry a handgun under
IC 35-47-2-2. As added by P.L.1-1995, SEC.9. Amended by P.L.181-1995, SEC.2;
P.L.186-2003, SEC.50; P.L.219-2005, SEC.19.
IC 14-16-1-24 Duties in case of accident
Sec. 24. (a) The operator of a vehicle involved in an accident
resulting in serious bodily injury to or death of an individual or
property damage in an estimated amount of at least seven hundred
fifty dollars ($750) shall immediately, by the quickest means of
communication, notify at least one (1) of the following:
(1) A state police officer or conservation officer.
(2) The sheriff's office of the county where the accident
occurred.
(3) The office of the police department of the municipality
where the accident occurred.
(b) The police agency receiving the notice shall do the following:
(1) Complete a report of the accident on forms prescribed by the
director.
(2) Forward the report to the director. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.51.
IC 14-16-1-25 Enforcement powers
Sec. 25. (a) All law enforcement officers in Indiana shall enforce
this chapter.
(b) The attorney general and prosecuting attorneys have
concurrent power to approve, file, and prosecute an affidavit
charging a violation of this chapter. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.52.
IC 14-16-1-26 Duties of department; trail land purchases
Sec. 26. (a) The department shall do the following:
(1) Prescribe the form of accident reports and registration
certificates and the form of application for the certificates.
(2) Conduct a campaign of education with respect to safety in
the operation of vehicles in connection with the use and
enjoyment of the public and private land of Indiana and with
respect to Indiana laws relating to vehicles.
(3) Construct and maintain vehicle trails on public and private
land consistent with the intent of this chapter.
(b) Notwithstanding any other law, the department may purchase
land for off-road vehicle and snowmobile trails only from a willing
seller of the land. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.53.
IC 14-16-1-27 Operation on public property
Sec. 27. An individual may not operate a vehicle:
(1) on public property without the consent of the state or an
agency of the state; or
(2) in a United States forest without the consent of the United
States Forest Service. As added by P.L.1-1995, SEC.9.
IC 14-16-1-28 Duties of landowners and tenants
Sec. 28. (a) Except as provided in subsection (e), landowners and
tenants of land do not owe a duty of care to do any of the following:
(1) Keep their premises safe for entry or use by persons
operating, using, or riding in vehicles for recreational purposes.
(2) Give a warning of a dangerous condition, use, structure, or
activity on their premises to such persons.
(b) Except as provided in subsection (d), a landowner or tenant
who invites or permits a person to operate, use, or ride in a vehicle
for recreational purposes on the landowner's or tenant's property does
not do any of the following:
(1) Make any representation or extend any assurances that the
premises are safe for any purpose.
(2) Confer upon the person the legal status of invitee or licensee
to whom a duty of care is owed.
(3) Assume responsibility for or incur liability for any injury to
a person or property caused by an act or omission of the person.
(c) Unless otherwise agreed in writing, this section is considered
applicable to the duties and liabilities of:
(1) an owner of land leased to; or
(2) the owner of an interest or a right in land transferred to or
the subject of an agreement with;
the United States or an agency or a subdivision of the United States
or the state or an agency or a subdivision of the state.
(d) This section does not do the following:
(1) Limit in any way any liability that otherwise exists.
(2) Apply to the following:
(A) Willful or malicious failure to guard or warn against a
dangerous condition, use, structure, or activity.
(B) Deliberate, willful, or malicious injury to a person or
property.
(C) Injury suffered in any case where the owner of land or
tenant charges a fee or admission charge or other valuable
consideration to a person who enters or uses the land with a
vehicle for the purpose of using the vehicle for recreational
purposes.
However, if land or an interest or a right in land is leased or
transferred to or the subject of an agreement with the United States
or an agency or a subdivision of the United States or to the state or
an agency or subdivision of the state, any consideration received by
the holder of the lease, interest, right, or agreement is not considered
a charge under this section.
(e) This section does not do any of the following:
(1) Create or increase a duty of care or ground of liability for
injury to a person or property.
(2) Relieve a person using a vehicle for recreational purposes
upon the land of another from an obligation that the person may
have in the absence of this section to exercise care in the use of
the land and the person's activities on the land or from the legal
consequences of failure to employ care. As added by P.L.1-1995, SEC.9.
IC 14-16-1-29 Violations; offenses
Sec. 29. (a) Except as provided in subsections (b) and (c), a
person who violates this chapter commits a Class C infraction.
(b) A person who violates section 17, 18(a), 18(b), 18(c), 23(a)(1),
23(a)(2), or 24 of this chapter commits a Class B misdemeanor.
(c) A person who violates section 18(d) or 18(e) of this chapter
commits a Class A infraction. As added by P.L.1-1995, SEC.9. Amended by P.L.181-1995, SEC.3;
P.L.155-2002, SEC.5 and P.L.158-2002, SEC.4; P.L.186-2003,
SEC.54; P.L.225-2005, SEC.13; P.L.219-2005, SEC.20; P.L.1-2006,
SEC.210.
IC 14-16-1-30 Off-road vehicle and snowmobile fund
Sec. 30. (a) As used in this section, "fund" refers to the off-road
vehicle and snowmobile fund established by subsection (b).
(b) The off-road vehicle and snowmobile fund is established. The
fund shall be administered by the department.
(c) The fund consists of the revenues obtained under this chapter,
appropriations, and donations. Money in the fund shall be used for
the following purposes:
(1) Enforcement and administration of this chapter.
(2) Constructing and maintaining off-road vehicle trails.
(3) Constructing and maintaining snowmobile trails.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(e) Money in the fund at the end of the state fiscal year does not
revert to the state general fund. As added by P.L.186-2003, SEC.55.
IC 14-16-1-31 Dry weight limitation of less than 2,000 pounds
Sec. 31. The department may not adopt a rule, regulation, or
guideline that, with respect to an off-road vehicle, imposes a dry
weight limitation of less than two thousand (2,000) pounds. As added by P.L.86-2010, SEC.8.
IC 14-16 ARTICLE 16. REGULATION OF LAND
RECREATION
IC 14-16-1
Chapter 1. Off-Road Vehicles
IC 14-16-1-1 Legislative intent
Sec. 1. It is the general intent and purpose of the general assembly
in enacting this chapter to promote:
(1) safety for persons and property;
(2) responsible enjoyment in and connected with the use and
operation of off-road vehicles and snowmobiles; and
(3) understanding consistent with the rights of all the citizens of
Indiana. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.35.
IC 14-16-1-1.5 "Alcoholic beverage" defined
Sec. 1.5. As used in this chapter, "alcoholic beverage" has the
meaning set forth in IC 7.1-1-3-5. As added by P.L.219-2005, SEC.16.
IC 14-16-1-1.8 "Collector snowmobile" defined
Sec. 1.8. As used in this chapter, "collector snowmobile" means
a snowmobile that is:
(1) at least twenty-five (25) years old; and
(2) owned and operated as a collector snowmobile for
participation in special events of limited duration, including
races, parades, and other group events. As added by P.L.86-2010, SEC.5.
IC 14-16-1-2 "Dealer" defined
Sec. 2. As used in this chapter, "dealer" means a person engaged
in the commercial sale of off-road vehicles or snowmobiles. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.36.
IC 14-16-1-3
Repealed
(Repealed by P.L.225-2005, SEC.25.)
IC 14-16-1-4 "Operate" defined
Sec. 4. As used in this chapter, "operate" means to:
(1) ride in or on; and
(2) be in actual physical control of the operation of;
a vehicle.
As added by P.L.1-1995, SEC.9. Amended by P.L.225-2005, SEC.11.
IC 14-16-1-5 "Operator" defined
Sec. 5. As used in this chapter, "operator" means an individual
who:
(1) operates; or
(2) is in actual physical control of;
an off-road vehicle or a snowmobile. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.38.
IC 14-16-1-6 "Owner" defined
Sec. 6. As used in this chapter, "owner" means a person, other
than a lienholder, who:
(1) has the property in or title to; and
(2) is entitled to the use or possession of;
an off-road vehicle or a snowmobile. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.39.
IC 14-16-1-7 "Vehicle" defined
Sec. 7. As used in this chapter, "vehicle" refers to an off-road
vehicle or a snowmobile. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.40.
IC 14-16-1-8 Registration; requirement; exemptions
Sec. 8. (a) Except as otherwise provided, the following may not
be operated on public property unless registered:
(1) An off-road vehicle.
(2) A snowmobile (including a collector snowmobile).
(b) Except as provided under subsection (c), the following must
be registered under this chapter:
(1) A vehicle that is purchased after December 31, 2003.
(2) A collector snowmobile.
(c) Registration is not required for the following vehicles:
(1) An off-road vehicle that is exclusively operated in a special
event of limited duration that is conducted according to a
prearranged schedule under a permit from the governmental
unit having jurisdiction.
(2) A vehicle being operated by a nonresident of Indiana as
authorized under section 19 of this chapter.
(3) A vehicle being operated for purposes of testing or
demonstration with temporary placement of numbers as set
forth in section 16 of this chapter.
(4) A vehicle the operator of which has in the operator's
possession a bill of sale from a dealer or private individual that
includes the following:
(A) The purchaser's name and address.
(B) A date of purchase that is not more than thirty-one (31)
days preceding the date that the operator is required to show
the bill of sale.
(C) The make, model, and vehicle number of the vehicle
provided by the manufacturer as required by section 13 of
this chapter. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.41;
P.L.225-2005, SEC.12; P.L.86-2010, SEC.6.
IC 14-16-1-9 Registration; application, issuance, and certificate
Sec. 9. (a) The owner of each vehicle required to be registered
under this chapter must do the following every three (3) years:
(1) File an application for registration with the department on
forms provided by the department.
(2) Sign the application.
(3) If the off-road vehicle is purchased after December 31,
2003, include a copy of the bill of sale.
(4) Include a signed affidavit in which the applicant swears or
affirms that the information set forth in the application by the
applicant is correct.
(5) Pay a fee of thirty dollars ($30).
(b) Upon receipt of an application in approved form, the
department shall enter the application upon the department's records
and issue to the applicant the following:
(1) A certificate of registration containing the following:
(A) The number awarded to the vehicle.
(B) The name and address of the owner.
(C) Other information that the department considers
necessary.
(2) Two (2) decals indicating the vehicle's registration number
and the year in which the registration will expire that must be
attached to the vehicle as provided in section 11.5 of this
chapter.
(c) A certificate of registration must:
(1) be pocket size;
(2) accompany the vehicle; and
(3) be made available for inspection upon demand by a law
enforcement officer. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.42.
IC 14-16-1-9.5 Registration; certificate of title for off-road vehicle
Sec. 9.5. Registration under this chapter does not relieve an owner
of an off-road vehicle from any requirement to obtain a certificate of
title for the off-road vehicle under IC 9-17-2. As added by P.L.219-2005, SEC.17.
IC 14-16-1-10 Use of revenues
Sec. 10. The revenues obtained under this chapter shall be
deposited into the off-road vehicle and snowmobile fund under
IC 14-16-1-30. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.43.
IC 14-16-1-11 Display of registration decals; registration expiration
Sec. 11. (a) The department may adopt rules for the size and
placement of registration decals upon vehicles.
(b) Not earlier than ninety (90) days before the expiration date of
a certificate, a registration renewal decal or other device may be
issued indicating that the certificate of registration is in full force and
effect. The department shall adopt rules under IC 4-22-2 prescribing
the display of the decal or other device.
(c) An initial certificate of registration and a renewal of a
certificate awarded under this chapter expires three (3) years from
the date of purchase of the certificate unless the certificate is
canceled.
(d) The department may:
(1) award a certificate of number directly; or
(2) authorize a person to act as the department's agent for the
awarding. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.44.
IC 14-16-1-11.5 Decal placement; decal replacement
Sec. 11.5. (a) The owner of a vehicle shall attach the decals issued
under section 9 of this chapter on the forward half of the vehicle. All
decals shall be maintained in a legible condition and displayed only
for the period for which the registration is valid.
(b) If a registration decal is lost or destroyed, the owner may
apply for a duplicate on forms provided by the department. An
application submitted under this subsection must be accompanied by
a fee established by the department for each decal. Upon receipt of
a proper application and the required fee, the department shall issue
a duplicate registration decal to the owner. As added by P.L.186-2003, SEC.45.
IC 14-16-1-12 Public records
Sec. 12. Records of the department made or kept under this
chapter are public records except as otherwise provided. As added by P.L.1-1995, SEC.9.
IC 14-16-1-13 Vehicle number
Sec. 13. A manufacturer of a vehicle shall stamp into the frame of
the vehicle the vehicle number, which is an identifying number
unique to the vehicle. The number shall be stamped where the
number is easily visible with a minimum of physical effort. A
manufacturer shall furnish to a requesting police agency or the
department information as to the location of vehicle numbers on
vehicles the manufacturer produces. The vehicle number shall be
printed on the registration certificate issued by the department to the
vehicle owner. As added by P.L.1-1995, SEC.9.
IC 14-16-1-14 Surrender and transfer of certificate
Sec. 14. (a) The owner of a vehicle required to be registered under
this chapter shall notify the department within fifteen (15) days if
any of the following conditions exist:
(1) The vehicle is destroyed or abandoned.
(2) The vehicle is sold or an interest in the vehicle is transferred
wholly or in part to another person.
(3) The owner's address no longer conforms to the address
appearing on the certificate of registration.
(b) The notice must consist of a surrender of the certificate of
registration on which the proper information shall be noted on a
place to be provided.
(c) If the surrender of the certificate is required because the
vehicle is destroyed or abandoned, the department shall cancel the
certificate and enter that fact in the records. The number then may be
reassigned.
(d) If the surrender is required because of a change of address on
the part of the owner, the department shall record the new address.
Upon payment of a fee established by the commission, a certificate
of registration bearing the new information shall be returned to the
owner.
(e) The transferee of a vehicle registered under this chapter shall,
within fifteen (15) days after acquiring the vehicle, make application
to the department for transfer to the transferee of the certificate of
registration issued to the vehicle. The transferee shall provide the
transferee's name and address and the number of the vehicle and pay
to the department a fee established by the department. Upon receipt
of the application and fee, the department shall transfer the
certificate of registration issued for the vehicle to the new owner.
Unless the application is made and the fee paid within fifteen (15)
days, the vehicle is considered to be without a certificate of
registration and a person may not operate the vehicle until a
certificate is issued. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.46;
P.L.246-2005, SEC.117.
IC 14-16-1-15 Duplicate certificates
Sec. 15. If a certificate of registration is lost, mutilated, or
illegible, the owner of the vehicle may obtain a duplicate of the
certificate upon application and payment of a fee established by the
commission.
As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.47;
P.L.246-2005, SEC.118.
IC 14-16-1-16 Certificates for testing or demonstrating vehicles
Sec. 16. (a) A dealer or manufacturer may obtain certificates of
registration for use in the testing or demonstrating of vehicles upon
the following:
(1) Application to the department upon forms provided by the
department.
(2) Payment of a fee established by the department for each of
the first two (2) registration certificates. Additional certificates
that the dealer requires may be issued for a fee established by
the commission.
(b) An applicant may use a certificate issued under this section
only in the testing or demonstrating of vehicles by temporary
placement of the numbers on the vehicle being tested or
demonstrated. A certificate issued under this section may be used on
only one (1) vehicle at any given time. The temporary placement of
numbers must conform to the requirements of this chapter or rules
adopted under this chapter.
(c) A certificate issued under this section is valid for three (3)
years. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.48;
P.L.246-2005, SEC.119.
IC 14-16-1-17 Altered vehicle numbers prohibited
Sec. 17. A person may not possess a vehicle with an altered,
defaced, or obliterated vehicle number. As added by P.L.1-1995, SEC.9.
IC 14-16-1-18 Duties of dealers
Sec. 18. (a) A dealer shall maintain in safe operating condition all
vehicles rented, leased, or furnished by the dealer. The dealer or the
dealer's agents or employees shall explain the operation of a vehicle
being rented, leased, or furnished. If the dealer or the dealer's agent
or employee believes the person to whom the vehicle is to be rented,
leased, or furnished is not competent to operate the vehicle with
safety to the person or others, the dealer or the dealer's agent or
employee shall refuse to rent, lease, or furnish the vehicle.
(b) A dealer renting, leasing, or furnishing a vehicle shall carry a
policy of liability insurance subject to minimum limits, exclusive of
interest and costs, with respect to the vehicle as follows:
(1) Twenty thousand dollars ($20,000) for bodily injury to or
death of one (1) person in any one (1) accident.
(2) Subject to the limit for one (1) person, forty thousand
dollars ($40,000) for bodily injury to or death of at least two (2)
persons in any one (1) accident.
(3) Ten thousand dollars ($10,000) for injury to or destruction
of property of others in any one (1) accident.
(c) In the alternative, a dealer may demand and must be shown
proof that the person renting, leasing, or being furnished a vehicle
carries a liability policy of at least the type and coverage specified in
subsection (b).
(d) A dealer:
(1) shall prepare an application for a certificate of title as
required by IC 9-17-2-1.5 for a purchaser of an off-road vehicle
and shall submit the application for the certificate of title in the
format required by IC 9-17-2-2 to the bureau of motor vehicles;
and
(2) may charge a processing fee for this service that may not
exceed ten dollars ($10).
(e) This subsection does not apply to an off-road vehicle that is at
least five (5) model years old. After January 1, 2008, a dealer may
not have on its premise an off-road vehicle that does not have a
certificate of:
(1) origin from its manufacturer; or
(2) title issued by;
(A) the bureau of motor vehicles or its equivalent in another
state; or
(B) a foreign country. As added by P.L.1-1995, SEC.9. Amended by P.L.219-2005, SEC.18.
IC 14-16-1-19 Vehicles registered in foreign nation or state
Sec. 19. A vehicle registered in another state or country to a
nonresident of Indiana may be operated within Indiana under
authority of the registration for a period not to exceed twenty (20)
days in one (1) year. As added by P.L.1-1995, SEC.9.
IC 14-16-1-20 Operation on highways and roads
Sec. 20. (a) An individual may not operate a vehicle required to
be registered under this chapter upon a public highway, street, or
rights-of-way thereof or on a public or private parking lot not
specifically designated for the use of vehicles, except under the
following conditions:
(1) A vehicle may be operated on the public right-of-way
adjacent to the traveled part of the public highway, except a
limited access highway, if there is sufficient width to operate at
a reasonable distance off and away from the traveled part and
in a manner so as not to endanger life or property.
(2) The operator of a vehicle may cross a public highway, other
than a limited access highway, at right angles for the purpose of
getting from one (1) area to another when the operation can be
done in safety. The operator shall bring the vehicle to a
complete stop before proceeding across a public highway and
shall yield the right-of-way to all traffic.
(3) Notwithstanding this section, a vehicle may be operated on
a highway in a county road system outside the corporate limits
of a city or town if the highway is designated for this purpose
by the county highway department having jurisdiction.
(4) A law enforcement officer of a city, town, or county or the
state may authorize use of a vehicle on the public highways,
streets, and rights-of-way within the officer's jurisdiction during
emergencies when conventional motor vehicles cannot be used
for transportation due to snow or other extreme highway
conditions.
(5) A vehicle may be operated on a street or highway for a
special event of limited duration conducted according to a
prearranged schedule only under permit from the governmental
unit having jurisdiction. The event may be conducted on the
frozen surface of public waters only under permit from the
department.
(b) An individual less than fourteen (14) years of age may not
operate a vehicle without immediate supervision of an individual at
least eighteen (18) years of age, except on land owned or under the
control of the individual or the individual's parent or legal guardian.
(c) An individual may not operate a vehicle on a public highway
without a valid motor vehicle driver's license.
(d) A vehicle may not be used to hunt, pursue, worry, or kill a
wild bird or a domestic or wild animal. As added by P.L.1-1995, SEC.9.
IC 14-16-1-21 Lights and brakes
Sec. 21. (a) A vehicle may not be operated between sunset and
sunrise unless the vehicle has at least one (1) headlight and one (1)
taillight.
(b) A vehicle may not be operated at any time unless the vehicle
has adequate brakes capable of producing deceleration at fourteen
(14) feet a second on level ground at a speed of twenty (20) miles per
hour. As added by P.L.1-1995, SEC.9. Amended by P.L.14-1998, SEC.2.
IC 14-16-1-22 Local ordinances
Sec. 22. A county, city, or town may pass an ordinance regulating
the operation of vehicles if the ordinance meets substantially the
minimum requirements of this chapter. However, a county, city, or
town may not adopt an ordinance that does any of the following:
(1) Imposes a fee for a license.
(2) Specifies accessory equipment to be carried on the vehicles.
(3) Requires a vehicle operator to possess a driver's license
issued under IC 9-24-11 while operating an off-road vehicle or
snowmobile.
(4) Imposes a dry weight limitation of less than two thousand
(2,000) pounds. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.49;
P.L.86-2010, SEC.7.
IC 14-16-1-23 Restrictions on operation
Sec. 23. (a) An individual shall not operate a vehicle under any of
the following conditions:
(1) At a rate of speed greater than is reasonable and proper
having due regard for existing conditions or in a manner that
unnecessarily endangers the person or property of another.
(2) While:
(A) under the influence of an alcoholic beverage; or
(B) unlawfully under the influence of a narcotic or other
habit forming or dangerous depressant or stimulant drug.
(3) During the hours from thirty (30) minutes after sunset to
thirty (30) minutes before sunrise without displaying a lighted
headlight and a lighted taillight.
(4) In a forest nursery, a planting area, or public land posted or
reasonably identified as an area of forest or plant reproduction
and when growing stock may be damaged.
(5) On the frozen surface of public waters within:
(A) one hundred (100) feet of an individual not in or upon a
vehicle; or
(B) one hundred (100) feet of a fishing shanty or shelter;
except at a speed of not more than five (5) miles per hour.
(6) Unless the vehicle is equipped with a muffler in good
working order and in constant operation to prevent excessive or
unusual noise and annoying smoke.
(7) Within one hundred (100) feet of a dwelling between
midnight and 6:00 a.m., except on the individual's own property
or property under the individual's control or as an invited guest.
(8) On any property without the consent of the landowner or
tenant.
(9) While transporting on or in the vehicle a firearm unless the
firearm is:
(A) unloaded; and
(B) securely encased or equipped with and made inoperative
by a manufactured keylocked trigger housing mechanism.
(10) On or across a cemetery or burial ground.
(11) Within one hundred (100) feet of a slide, ski, or skating
area, except for the purpose of servicing the area.
(12) On a railroad track or railroad right-of-way, except railroad
personnel in the performance of duties.
(13) In or upon a flowing river, stream, or creek, except for the
purpose of crossing by the shortest possible route, unless the
river, stream, or creek is of sufficient water depth to permit
movement by flotation of the vehicle at all times.
(14) An individual shall not operate a vehicle while a bow is
present in or on the vehicle if the nock of an arrow is in position
on the string of the bow.
(b) Subsection (a)(9) does not apply to a person who is carrying
a handgun if the person:
(1) has been issued an unlimited handgun license to carry a
handgun under IC 35-47-2; or
(2) is not required to possess a license to carry a handgun under
IC 35-47-2-2. As added by P.L.1-1995, SEC.9. Amended by P.L.181-1995, SEC.2;
P.L.186-2003, SEC.50; P.L.219-2005, SEC.19.
IC 14-16-1-24 Duties in case of accident
Sec. 24. (a) The operator of a vehicle involved in an accident
resulting in serious bodily injury to or death of an individual or
property damage in an estimated amount of at least seven hundred
fifty dollars ($750) shall immediately, by the quickest means of
communication, notify at least one (1) of the following:
(1) A state police officer or conservation officer.
(2) The sheriff's office of the county where the accident
occurred.
(3) The office of the police department of the municipality
where the accident occurred.
(b) The police agency receiving the notice shall do the following:
(1) Complete a report of the accident on forms prescribed by the
director.
(2) Forward the report to the director. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.51.
IC 14-16-1-25 Enforcement powers
Sec. 25. (a) All law enforcement officers in Indiana shall enforce
this chapter.
(b) The attorney general and prosecuting attorneys have
concurrent power to approve, file, and prosecute an affidavit
charging a violation of this chapter. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.52.
IC 14-16-1-26 Duties of department; trail land purchases
Sec. 26. (a) The department shall do the following:
(1) Prescribe the form of accident reports and registration
certificates and the form of application for the certificates.
(2) Conduct a campaign of education with respect to safety in
the operation of vehicles in connection with the use and
enjoyment of the public and private land of Indiana and with
respect to Indiana laws relating to vehicles.
(3) Construct and maintain vehicle trails on public and private
land consistent with the intent of this chapter.
(b) Notwithstanding any other law, the department may purchase
land for off-road vehicle and snowmobile trails only from a willing
seller of the land. As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.53.
IC 14-16-1-27 Operation on public property
Sec. 27. An individual may not operate a vehicle:
(1) on public property without the consent of the state or an
agency of the state; or
(2) in a United States forest without the consent of the United
States Forest Service. As added by P.L.1-1995, SEC.9.
IC 14-16-1-28 Duties of landowners and tenants
Sec. 28. (a) Except as provided in subsection (e), landowners and
tenants of land do not owe a duty of care to do any of the following:
(1) Keep their premises safe for entry or use by persons
operating, using, or riding in vehicles for recreational purposes.
(2) Give a warning of a dangerous condition, use, structure, or
activity on their premises to such persons.
(b) Except as provided in subsection (d), a landowner or tenant
who invites or permits a person to operate, use, or ride in a vehicle
for recreational purposes on the landowner's or tenant's property does
not do any of the following:
(1) Make any representation or extend any assurances that the
premises are safe for any purpose.
(2) Confer upon the person the legal status of invitee or licensee
to whom a duty of care is owed.
(3) Assume responsibility for or incur liability for any injury to
a person or property caused by an act or omission of the person.
(c) Unless otherwise agreed in writing, this section is considered
applicable to the duties and liabilities of:
(1) an owner of land leased to; or
(2) the owner of an interest or a right in land transferred to or
the subject of an agreement with;
the United States or an agency or a subdivision of the United States
or the state or an agency or a subdivision of the state.
(d) This section does not do the following:
(1) Limit in any way any liability that otherwise exists.
(2) Apply to the following:
(A) Willful or malicious failure to guard or warn against a
dangerous condition, use, structure, or activity.
(B) Deliberate, willful, or malicious injury to a person or
property.
(C) Injury suffered in any case where the owner of land or
tenant charges a fee or admission charge or other valuable
consideration to a person who enters or uses the land with a
vehicle for the purpose of using the vehicle for recreational
purposes.
However, if land or an interest or a right in land is leased or
transferred to or the subject of an agreement with the United States
or an agency or a subdivision of the United States or to the state or
an agency or subdivision of the state, any consideration received by
the holder of the lease, interest, right, or agreement is not considered
a charge under this section.
(e) This section does not do any of the following:
(1) Create or increase a duty of care or ground of liability for
injury to a person or property.
(2) Relieve a person using a vehicle for recreational purposes
upon the land of another from an obligation that the person may
have in the absence of this section to exercise care in the use of
the land and the person's activities on the land or from the legal
consequences of failure to employ care. As added by P.L.1-1995, SEC.9.
IC 14-16-1-29 Violations; offenses
Sec. 29. (a) Except as provided in subsections (b) and (c), a
person who violates this chapter commits a Class C infraction.
(b) A person who violates section 17, 18(a), 18(b), 18(c), 23(a)(1),
23(a)(2), or 24 of this chapter commits a Class B misdemeanor.
(c) A person who violates section 18(d) or 18(e) of this chapter
commits a Class A infraction. As added by P.L.1-1995, SEC.9. Amended by P.L.181-1995, SEC.3;
P.L.155-2002, SEC.5 and P.L.158-2002, SEC.4; P.L.186-2003,
SEC.54; P.L.225-2005, SEC.13; P.L.219-2005, SEC.20; P.L.1-2006,
SEC.210.
IC 14-16-1-30 Off-road vehicle and snowmobile fund
Sec. 30. (a) As used in this section, "fund" refers to the off-road
vehicle and snowmobile fund established by subsection (b).
(b) The off-road vehicle and snowmobile fund is established. The
fund shall be administered by the department.
(c) The fund consists of the revenues obtained under this chapter,
appropriations, and donations. Money in the fund shall be used for
the following purposes:
(1) Enforcement and administration of this chapter.
(2) Constructing and maintaining off-road vehicle trails.
(3) Constructing and maintaining snowmobile trails.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(e) Money in the fund at the end of the state fiscal year does not
revert to the state general fund. As added by P.L.186-2003, SEC.55.
IC 14-16-1-31 Dry weight limitation of less than 2,000 pounds
Sec. 31. The department may not adopt a rule, regulation, or
guideline that, with respect to an off-road vehicle, imposes a dry
weight limitation of less than two thousand (2,000) pounds. As added by P.L.86-2010, SEC.8.
