State Codes and Statutes

Statutes > Indiana > Title9 > Ar13 > Ch2

IC 9-13-2
Chapter 2. Definitions

IC 9-13-2-1
Abandoned vehicle
     Sec. 1. "Abandoned vehicle" means the following:
        (1) A vehicle located on public property illegally.
        (2) A vehicle left on public property without being moved for twenty-four (24) hours.
        (3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.
        (4) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than forty-eight (48) hours.
        (5) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property.
        (6) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner's agent within twenty (20) days after the vehicle's removal.
        (7) A vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days. For purposes of this subdivision, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
As added by P.L.2-1991, SEC.1. Amended by P.L.92-1997, SEC.1; P.L.54-2009, SEC.2.

IC 9-13-2-1.1
Act
Sec. 1.1. "Act", for purposes of IC 9-24-6.5, has the meaning set forth in IC 9-24-6.5-1.
As added by P.L.48-2004, SEC.1.

IC 9-13-2-1.2
Accident response service fee
     Sec. 1.2. "Accident response service fee", for purposes of IC 9-29-11.5, has the meaning set forth in IC 9-29-11.5-1.
As added by P.L.83-2008, SEC.1.

IC 9-13-2-1.3
Adjusted or net capitalized cost
     Sec. 1.3. "Adjusted or net capitalized cost", for purposes of IC 9-23-2.5, has the meaning set forth in IC 9-23-2.5-1.
As added by P.L.86-1996, SEC.1.
IC 9-13-2-1.4
Adapted vehicle
     Sec. 1.4. "Adapted vehicle" means a new or used vehicle especially designed or modified for use by an individual who is disabled or aged.
As added by P.L.147-2009, SEC.1.

IC 9-13-2-1.5
Administration
Sec. 1.5. "Administration", for purposes of IC 9-24-6.5, has the meaning set forth in IC 9-24-6.5-2.
As added by P.L.48-2004, SEC.2.

IC 9-13-2-1.7
Aggressive driving
Sec. 1.7. "Aggressive driving", for purposes of IC 9-21-8-55, has the meaning set forth in IC 9-21-8-55(b).
As added by P.L.75-2006, SEC.1.

IC 9-13-2-2
Air conditioning equipment
Sec. 2. "Air conditioning equipment" means mechanical vapor compression refrigeration equipment that is used to cool the driver's or passenger's compartment of a motor vehicle.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-2.2
Alcohol
Sec. 2.2. "Alcohol", for purposes of IC 9-24-6, has the meaning set forth in IC 9-24-6-0.3.
As added by P.L.9-2010, SEC.4.

IC 9-13-2-2.3
Alcoholic beverage
Sec. 2.3. "Alcoholic beverage", for purposes of IC 9-30-15, has the meaning set forth in IC 7.1-1-3-5.
As added by P.L.53-1994, SEC.3.

IC 9-13-2-2.4
Alcohol concentration equivalent
Sec. 2.4. "Alcohol concentration equivalent" means the alcohol concentration in a person's blood or breath determined from a test of a sample of the person's blood or breath.
As added by P.L.1-2000, SEC.2.

IC 9-13-2-2.5
Alley
     Sec. 2.5. "Alley" means a public way in an urban district that meets the following qualifications:
        (1) Is open to the public for vehicular traffic.         (2) Is publicly maintained.
        (3) Is one (1) lane wide.
        (4) Is designated as an alley by the local authorities on an official map of the urban district.
As added by P.L.92-1991, SEC.1.

IC 9-13-2-3
Antique motor vehicle
Sec. 3. (a) Except as provided in subsection (b), "antique motor vehicle" means a motor vehicle or motor scooter that is at least twenty-five (25) years old.
(b) "Antique motor vehicle", for purposes of IC 9-19-11-1(6), means a passenger motor vehicle or truck that was manufactured without a safety belt as a part of the standard equipment installed by the manufacturer at each designated seating position, before the requirement of the installation of safety belts in the motor vehicle according to the standards stated in the Federal Motor Vehicle Safety Standard Number 208 (49 CFR 571.208).
As added by P.L.2-1991, SEC.1. Amended by P.L.146-2009, SEC.1.

IC 9-13-2-4
Approved driver education course
Sec. 4. "Approved driver education course" means a course offered by a high school or driver education school that the superintendent of public instruction periodically designates as approved, after taking into consideration the standards and methods of instruction necessary to ensure adequate training for the operation of a motor vehicle.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-5
Approved motorcycle driver education and training course
     Sec. 5. "Approved motorcycle driver education and training course" means:
        (1) a course offered by a public or private secondary school, a new motorcycle dealer, or other driver education school offering motorcycle driver training as developed and approved by the superintendent of public instruction and the bureau; or
        (2) a course that is offered by a commercial driving school or new motorcycle dealer and that is approved by the bureau.
As added by P.L.2-1991, SEC.1. Amended by P.L.48-2004, SEC.3.

IC 9-13-2-5.5
Assembled vehicle
Sec. 5.5. "Assembled vehicle", for purposes of IC 9-17-4, has the meaning set forth in IC 9-17-4-0.3.
As added by P.L.268-2003, SEC.1.

IC 9-13-2-6
Authorized emergency vehicle      Sec. 6. "Authorized emergency vehicle" means the following:
        (1) The following vehicles:
            (A) Fire department vehicles.
            (B) Police department vehicles.
            (C) Ambulances.
            (D) Emergency vehicles operated by or for hospitals or health and hospital corporations under IC 16-22-8.
        (2) Vehicles designated as emergency vehicles by the Indiana department of transportation under IC 9-21-20-1.
        (3) Motor vehicles that, subject to IC 9-21-20-2, are approved by the Indiana emergency medical services commission that are:
            (A) ambulances that are owned by persons, firms, limited liability companies, or corporations other than hospitals; or
            (B) not ambulances and that provide emergency medical services, including extrication and rescue services (as defined in IC 16-18-2-110).
        (4) Vehicles of the department of correction that, subject to IC 9-21-20-3, are:
            (A) designated by the department of correction as emergency vehicles; and
            (B) responding to an emergency.
As added by P.L.2-1991, SEC.1. Amended by P.L.1-1992, SEC.35; P.L.2-1993, SEC.64; P.L.8-1993, SEC.165.

IC 9-13-2-6.3
Automated traffic law enforcement system
Sec. 6.3. "Automated traffic law enforcement system", for purposes of IC 9-21, has the meaning set forth in IC 9-21-3.5-2.
As added by P.L.47-2006, SEC.44.

IC 9-13-2-6.5
Automated vehicle identifier
Sec. 6.5. "Automated vehicle identifier" means an electronic tracking device approved by the commissioner of the department of state revenue for use in connection with special weight permits for extra heavy duty highways under IC 9-20-5.
As added by P.L.129-2001, SEC.29.

IC 9-13-2-7
Automobile auctioneer
Sec. 7. "Automobile auctioneer" means a person who is engaged in the business of, or as a part of the auctioneer's business participates in, providing a place of business or facilities for the purchase and sale of motor vehicles on the basis of bids by persons acting for themselves or others. The term does not include a person acting only as an auctioneer under IC 25-6.1-1.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-8
Automobile scrapyard Sec. 8. "Automobile scrapyard" means a business organized for the purpose of scrap metal processing, automobile wrecking, or operating a junkyard.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-8.5
Automotive mobility dealer
     Sec. 8.5. "Automotive mobility dealer" means a person that:
        (1) engages exclusively in the business of selling, offering to sell, or soliciting or advertising the sale of adapted vehicles;
        (2) possesses adapted vehicles exclusively for the purpose of resale, either on the automotive mobility dealer's own account or on behalf of another as the primary or incidental business of the automotive mobility dealer; or
        (3) engages in the business of:
            (A) selling, installing, or servicing;
            (B) offering to sell, install, or service; or
            (C) soliciting or advertising the sale, installation, or servicing of;
        equipment or modifications specifically designed to facilitate use or operation of a vehicle by an individual who is disabled or aged.
As added by P.L.147-2009, SEC.2.

IC 9-13-2-9
Automotive salvage rebuilder
     Sec. 9. "Automotive salvage rebuilder" means a person, firm, limited liability company, corporation, or other legal entity engaged in the business:
        (1) of acquiring salvage motor vehicles for the purpose of restoring, reconstructing, or rebuilding the vehicles; and
        (2) in the resale of these vehicles for use on the highway.
As added by P.L.2-1991, SEC.1. Amended by P.L.8-1993, SEC.166.

IC 9-13-2-10
Automotive salvage recycler
     Sec. 10. "Automotive salvage recycler" means a business that:
        (1) acquires damaged, inoperative, discarded, abandoned, or salvage motor vehicles, or their remains, as stock-in-trade;
        (2) dismantles and processes such vehicles or remains for the reclamation and sale of reusable components and parts; and
        (3) disposes of recyclable materials to a scrap metal processor or other appropriate facility.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-10.2
Auxiliary power unit
Sec. 10.2. "Auxiliary power unit", for purposes of IC 9-20-4-1(b), means an integrated system that:
(1) provides heat, air conditioning, engine warming, or

electricity to components on a heavy duty vehicle; and
(2) is certified by the administrator of the United States Environmental Protection Agency under 40 CFR 89 as meeting applicable emission standards.
As added by P.L.65-2010, SEC.1.

IC 9-13-2-11
Axle
     Sec. 11. "Axle" means the common axis of rotation of at least one (1) wheel or roller that is:
        (1) power driven or freely rotating; and
        (2) in at least one (1) segment.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-12
Axle weight
Sec. 12. "Axle weight" means the total weight concentrated on one (1) or more axles spaced less than forty (40) inches from center to center.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-13
B-train assembly
Sec. 13. "B-train assembly" means a rigid frame extension attached to the rear frame of a first semitrailer that allows for a fifth wheel connection point for a second semitrailer.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-14
Bicycle
Sec. 14. "Bicycle" means any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-15
Broker
Sec. 15. "Broker", for purposes of IC 9-23-3, has the meaning set forth in IC 9-23-3-0.3.
As added by P.L.2-1991, SEC.1. Amended by P.L.268-2003, SEC.2.

IC 9-13-2-16
Bureau
Sec. 16. "Bureau" refers to the bureau of motor vehicles.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-17
Bus
Sec. 17. (a) "Bus" means, except as provided in subsection (b), the following:
(1) A motor vehicle or a passenger carrying semitrailer used for

the purpose of carrying passengers on a regular schedule of time and rates between fixed termini.
        (2) A motor vehicle or a passenger carrying semitrailer designed for carrying more than ten (10) passengers exclusive of the driver.
The term does not include school buses, or motor vehicles that are funeral equipment and that are used in the operation of funeral services (as defined in IC 25-15-2-17).
    (b) "Bus", for purposes of IC 9-21, means the following:
        (1) A motor vehicle designed for carrying passengers for hire and used for the transportation of persons.
        (2) A motor vehicle other than a taxicab designed or used for the transportation of persons for compensation.
As added by P.L.2-1991, SEC.1. Amended by P.L.24-2006, SEC.1.

IC 9-13-2-18
Business district
Sec. 18. "Business district" means the territory contiguous to and including a highway when at least fifty percent (50%) of the frontage of the territory for a distance of at least five hundred (500) feet is occupied by buildings in use for business.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-18.5
Repealed
(Repealed by P.L.118-1993, SEC.8.)

IC 9-13-2-18.6
Capitalized cost
Sec. 18.6. "Capitalized cost", for purposes of IC 9-23-2.5, has the meaning set forth in IC 9-23-2.5-2.
As added by P.L.86-1996, SEC.2.

IC 9-13-2-18.7
Capitalized cost reduction
Sec. 18.7. "Capitalized cost reduction", for purposes of IC 9-23-2.5, has the meaning set forth in IC 9-23-2.5-3.
As added by P.L.86-1996, SEC.3.

IC 9-13-2-19
Certificate of compliance
Sec. 19. "Certificate of compliance" means a written statement issued by the bureau to a registered owner or operator of a motor vehicle involved in an accident showing compliance with IC 9-25 or with the requirements of the bureau.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-20
Repealed
     (Repealed by P.L.45-2006, SEC.4.)
IC 9-13-2-21
Chauffeur
     Sec. 21. (a) "Chauffeur", except as provided in subsection (b), means a person:
        (1) employed by another person for the principal purpose of operating a motor vehicle registered as having a gross weight of sixteen thousand (16,000) pounds or more for the purpose of transporting property;
        (2) operating a motor vehicle registered as having a gross weight of sixteen thousand (16,000) pounds or more for the purpose of transporting property for hire; or
        (3) operating a private bus.
    (b) "Chauffeur", for purposes of IC 9-25, means a person:
        (1) who is employed for hire for the principal purpose of operating a motor vehicle upon the highways;
        (2) who operates a motor vehicle while in use as a carrier of passengers or property for hire; or
        (3) who drives or operates a motor vehicle while in use as a school bus for the transportation of pupils to or from school.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-22
Chemical test
Sec. 22. "Chemical test" means an analysis of a person's blood, breath, urine, or other bodily substance for the determination of the presence of alcohol, a controlled substance or its metabolite, or a drug or its metabolite.
As added by P.L.2-1991, SEC.1. Amended by P.L.94-2006, SEC.1.

IC 9-13-2-23
Child restraint system
     Sec. 23. "Child restraint system" means a device that:
        (1) is manufactured for the purpose of protecting children from injury during a motor vehicle accident; and
        (2) meets the standards prescribed and definition contained in 49 CFR 571.213.
As added by P.L.2-1991, SEC.1. Amended by P.L.67-2004, SEC.1.

IC 9-13-2-24
Church bus
Sec. 24. "Church bus" has the meaning set forth in IC 9-29-5-9(a).
As added by P.L.2-1991, SEC.1. Amended by P.L.70-2009, SEC.1.

IC 9-13-2-25
Civic event
     Sec. 25. "Civic event" means an event that is staged by a private organization for the purpose of creating a tourist attraction in an Indiana community.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-26
Class A recovery vehicle
     Sec. 26. "Class A recovery vehicle" means a truck that:
        (1) is specifically designed for towing a disabled vehicle or a combination of vehicles; and
        (2) has a gross vehicle weight rating that is greater than sixteen thousand (16,000) pounds.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-27
Class B recovery vehicle
     Sec. 27. "Class B recovery vehicle" means a truck that:
        (1) is specifically designed for towing a disabled vehicle or a combination of vehicles; and
        (2) has a gross vehicle weight rating equal to or less than sixteen thousand (16,000) pounds.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-27.5
Repealed
(Repealed by P.L.1-2010, SEC.156.)

IC 9-13-2-28
Commercial driver training school
Sec. 28. "Commercial driver training school", for purposes of IC 9-24-10-4, has the meaning set forth in IC 5-2-6.5-5.
As added by P.L.2-1991, SEC.1. Amended by P.L.93-1997, SEC.1; P.L.107-2008, SEC.5; P.L.1-2010, SEC.45.

IC 9-13-2-29
Commercial driver's license
Sec. 29. "Commercial driver's license" has the meaning set forth in 49 CFR 383.5 as in effect July 1, 2010.
As added by P.L.2-1991, SEC.1. Amended by P.L.9-2010, SEC.5.

IC 9-13-2-29.5
Commercial driver's license learner's permit
Sec. 29.5. "Commercial driver's license learner's permit", for purposes of IC 9-24-6, has the meaning set forth in IC 9-24-6-0.5.
As added by P.L.188-2006, SEC.1.

IC 9-13-2-30
Commercial enterprise
Sec. 30. "Commercial enterprise" does not include the transportation of a farm commodity from the place of production to the first point of delivery where the commodity is weighed and title to the commodity is transferred.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-31 Commercial motor vehicle
     Sec. 31. (a) "Commercial motor vehicle" means, except as provided in subsection (b), a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
        (1) has a gross combination weight rating of at least twenty-six thousand one (26,001) pounds, including a towed unit with a gross vehicle weight rating of more than ten thousand (10,000) pounds;
        (2) has a gross vehicle weight rating of at least twenty-six thousand one (26,001) pounds;
        (3) is designed to transport at least sixteen (16) passengers, including the driver; or
        (4) is:
            (A) of any size;
            (B) used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act; and
            (C) required to be placarded under the Hazardous Materials Regulations (49 CFR Part 172, Subpart F).
    (b) The bureau of motor vehicles may, by rule, broaden the definition of commercial motor vehicle under subsection (a) to include vehicles with a gross declared weight greater than eleven thousand (11,000) pounds but less than twenty-six thousand one (26,001) pounds.
As added by P.L.2-1991, SEC.1. Amended by P.L.66-1992, SEC.1.

IC 9-13-2-31.5
Commercial vehicle
     Sec. 31.5. "Commercial vehicle", for purposes of IC 9-18-2-4.5, means a motor vehicle or combination of motor vehicles used in commerce to transport property if the motor vehicle:
        (1) has a gross combination weight rating of at least twenty-six thousand one (26,001) pounds, including a towed unit with a gross vehicle weight rating of more than ten thousand (10,000) pounds;
        (2) has a gross vehicle weight rating of at least twenty-six thousand one (26,001) pounds; or
        (3) meets both of the following requirements:
            (A) The motor vehicle has a gross vehicle weight rating of at least seven thousand (7,000) pounds, but less than twenty-six thousand one (26,001) pounds.
            (B) The motor vehicle is owned by a registered carrier holding a valid Indiana fuel tax permit under IC 6-6-4.1.
As added by P.L.150-2001, SEC.2.

IC 9-13-2-32
Commission
Sec. 32. "Commission" refers to the bureau of motor vehicles commission. As added by P.L.2-1991, SEC.1.

IC 9-13-2-33
Commissioner
Sec. 33. "Commissioner" refers to the commissioner of the bureau of motor vehicles.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-34
Component part
Sec. 34. "Component part" means an engine, a transmission, a body-chassis, a doghouse (front assembly), a rear-end, or a frame.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-34.3
Compression release engine brake
Sec. 34.3. "Compression release engine brake", for purposes of IC 9-21-8-44.5, has the meaning set forth in IC 9-21-8-44.5(a).
As added by P.L.1-2002, SEC.38.

IC 9-13-2-34.5
Container
Sec. 34.5. "Container", for purposes of IC 9-30-15, has the meaning set forth in IC 7.1-1-3-13.
As added by P.L.53-1994, SEC.4.

IC 9-13-2-35
Controlled substance
Sec. 35. (a) Except as provided in subsection (b), "controlled substance" has the meaning set forth in IC 35-48-1.
(b) For purposes of IC 9-24-6, "controlled substance" has the meaning set forth in 49 CFR 383.5 as in effect July 1, 2010.
As added by P.L.2-1991, SEC.1. Amended by P.L.9-2010, SEC.6.

IC 9-13-2-36
Conventional school bus
Sec. 36. "Conventional school bus" means a motor vehicle designed with the engine compartment projecting forward from the passenger compartment.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-37
Converter manufacturer
Sec. 37. "Converter manufacturer" means a person who adds to, subtracts from, or modifies a previously assembled or manufactured van motor vehicle. The term does not include a person who manufactures recreational vehicles.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-38 Conviction
     Sec. 38. (a) Except as provided in subsection (b), "conviction" includes the following:
        (1) A conviction or judgment upon a plea of guilty or nolo contendere.
        (2) A determination of guilt by a jury or a court, even if:
            (A) no sentence is imposed; or
            (B) a sentence is suspended.
        (3) A forfeiture of bail, bond, or collateral deposited to secure the defendant's appearance for trial, unless the forfeiture is vacated.
        (4) A payment of money as a penalty or as costs in accordance with an agreement between a moving traffic violator and a traffic violations bureau.
    (b) "Conviction", for purposes of IC 9-24-6, has the meaning set forth in 49 CFR 383.5 as in effect July 1, 2010.
As added by P.L.2-1991, SEC.1. Amended by P.L.93-1991, SEC.1; P.L.9-2010, SEC.7.

IC 9-13-2-39
Court
Sec. 39. "Court", for purposes of IC 9-30-3, has the meaning set forth in IC 9-30-3-2.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-39.5
Covered offense
Sec. 39.5. "Covered offense", for purposes of IC 9-30-14, has the meaning set forth in IC 9-30-14-1.
As added by P.L.94-1991, SEC.1.

IC 9-13-2-40
Crosswalk
     Sec. 40. "Crosswalk" means any of the following:
        (1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway.
        (2) A part of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-41
Current driving license
     Sec. 41. "Current driving license" means every class and kind of license or permit that evidences the privilege to operate a motor vehicle upon the highways of Indiana. The term includes a privilege granted by the license.
As added by P.L.2-1991, SEC.1.
IC 9-13-2-42
Dealer
     Sec. 42. (a) "Dealer" means, except as otherwise provided in this section, a person who sells to the general public, including a person who sells directly by the Internet or other computer network, at least twelve (12) vehicles each year for delivery in Indiana. The term includes a person who sells off-road vehicles. A dealer must have an established place of business that meets the minimum standards prescribed by the secretary of state under rules adopted under IC 4-22-2.
    (b) The term does not include the following:
        (1) A receiver, trustee, or other person appointed by or acting under the judgment or order of a court.
        (2) A public officer while performing official duties.
        (3) A person who is a dealer solely because of activities as a transfer dealer.
        (4) An automotive mobility dealer.
    (c) "Dealer", for purposes of IC 9-31, means a person that sells to the general public for delivery in Indiana at least six (6):
        (1) boats; or
        (2) trailers:
            (A) designed and used exclusively for the transportation of watercraft; and
            (B) sold in general association with the sale of watercraft;
per year.
As added by P.L.2-1991, SEC.1. Amended by P.L.71-1991, SEC.4; P.L.66-1992, SEC.2; P.L.74-2001, SEC.1; P.L.219-2005, SEC.1; P.L.41-2006, SEC.1; P.L.107-2008, SEC.6; P.L.131-2008, SEC.34; P.L.147-2009, SEC.3; P.L.93-2010, SEC.1.

IC 9-13-2-43
Designated family member
     Sec. 43. (a) "Designated family member" means a franchisee's spouse, child, grandchild, parent, or sibling who has been nominated as the franchisee's successor under a written document filed by the franchisee with the franchisor.
    (b) If no such document has been filed, the term means a franchisee's spouse, child, grandchild, parent, or sibling who:
        (1) if the franchisee is deceased, is entitled to inherit the franchisee's ownership interest in the franchisee's business under the franchisee's will or under the laws of intestate succession; or
        (2) if the franchisee is incapacitated, is appointed by the court as the legal representative of the franchisee's property.
    (c) If a franchisee is deceased, the term includes the appointed and qualified personal representative and testamentary trustee of the deceased franchisee.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-43.5 Disclose
Sec. 43.5. "Disclose", for purposes of IC 9-14-3.5, has the meaning set forth in IC 9-14-3.5-2.
As added by P.L.2-1997, SEC.24.

IC 9-13-2-44
Disposal facility
     Sec. 44. (a) "Disposal facility" means a person, firm, limited liability company, corporation, or other legal entity that, in the course of business, engages in the acquisition and dismantling or demolition of motor vehicles, motorcycles, semitrailers, or recreational vehicles or their remains for the benefit of reusable components and parts or recyclable materials.
    (b) The term includes the following enterprises:
        (1) An automotive salvage recycler.
        (2) A hulk crusher.
    (c) The term does not include a scrap metal processor.
As added by P.L.2-1991, SEC.1. Amended by P.L.8-1993, SEC.167.

IC 9-13-2-45
Distributor
Sec. 45. "Distributor" means a person, other than a manufacturer or wholesale dealer, who is engaged in the business of selling motor vehicles to dealers located in Indiana. The term includes a distributor's branch office or the distributor's representative. The term does not include a recreational vehicle manufacturer.
As added by P.L.2-1991, SEC.1. Amended by P.L.78-2002, SEC.1.

IC 9-13-2-46
Driveaway or towaway
Sec. 46. "Driveaway or towaway", for purposes of IC 9-20-9-1, has the meaning set forth in IC 9-20-9-1(a).
As added by P.L.2-1991, SEC.1.

IC 9-13-2-47
Driver
Sec. 47. "Driver" means a person who drives or is in actual physical control of a vehicle.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-48
Driver's license
Sec. 48. "Driver's license" means any type of license issued by the state authorizing an individual to operate a motor vehicle on public streets, roads, or highways.
As added by P.L.2-1991, SEC.1. Amended by P.L.184-2007, SEC.6.

IC 9-13-2-49
Driveway or private road
Sec. 49. "Driveway" or "private road" means a way or place in

private ownership that is used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-49.1
Drug
Sec. 49.1. The term "drug" includes legend drug (as defined in IC 16-18-2-199), nitrous oxide, "model glue" (as defined in IC 35-46-6-1), and any substance listed in IC 35-46-6-2(2).
As added by P.L.33-1997, SEC.2.

IC 9-13-2-49.3
Electric personal assistive mobility device
     Sec. 49.3. "Electric personal assistive mobility device" means a self-balancing, two (2) nontandem wheeled device that is designed to transport only one (1) person and that has the following:
        (1) An electric propulsion system with average power of seven hundred fifty (750) watts or one (1) horsepower.
        (2) A maximum speed of less than twenty (20) miles per hour when operated on a paved level surface, when powered solely by the propulsion system referred to in subdivision (1), and when operated by an operator weighing one hundred seventy (170) pounds.
As added by P.L.143-2002, SEC.1.

IC 9-13-2-49.5
Electronic traffic ticket
Sec. 49.5. "Electronic traffic ticket", for purposes of IC 9-30-3, has the meaning set forth in IC 9-30-3-2.5.
As added by P.L.184-2007, SEC.7; P.L.206-2007, SEC.1.

IC 9-13-2-49.7
Entrapment
Sec. 49.7. "Entrapment" means a confining circumstance from which escape or relief is difficult or impossible.
As added by P.L.126-2008, SEC.1.

IC 9-13-2-50
Established place of business
Sec. 50. "Established place of business" means a permanent enclosed building or structure owned or leased for the purpose of bartering, trading, and selling motor vehicles. The term does not include a residence, tent, temporary stand, or permanent quarters temporarily occupied.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-51
Existing franchise
Sec. 51. "Existing franchise" means the franchise in effect on the

date of a franchisee's death or incapacity.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-52
Explosives
     Sec. 52. "Explosives" means a chemical compound or mechanical mixture that:
        (1) is commonly used or intended for the purpose of producing an explosion; or
        (2) contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-52.5
Extra wide manufactured home rig
Sec. 52.5. "Extra wide manufactured home rig", for purposes of IC 9-20-15-6, has the meaning set forth in IC 9-20-15-6(a).
As added by P.L.95-1991, SEC.1.

IC 9-13-2-53
Fair market value
Sec. 53. "Fair market value", for purposes of IC 9-22-3, has the meaning set forth in IC 9-22-3-2.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-54
Farm commodities
Sec. 54. "Farm commodities", for purposes of IC 9-20-4-2, has the meaning set forth in IC 9-20-4-2(c) and IC 9-20-4-2(d).
As added by P.L.2-1991, SEC.1.

IC 9-13-2-55
Repealed
(Repealed by P.L.210-2005, SEC.76.)

IC 9-13-2-56
Farm tractor
Sec. 56. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing implements of agriculture used on a farm and, when using the highways, in traveling from one (1) field or farm to another or to or from places of repairs. The term includes a wagon, trailer, or other vehicle pulled by a farm tractor.
As added by P.L.2-1991, SEC.1. Amended by P.L.210-2005, SEC.5.

IC 9-13-2-57 Repealed
(Repealed by P.L.210-2005, SEC.76.)

IC 9-13-2-58
Farm truck, farm trailer, or farm semitrailer and tractor
Sec. 58. "Farm truck", "farm trailer", or "farm semitrailer and tractor" shall be identified in accordance with a rule adopted by the bureau.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-59
Farm vehicle loaded with a farm product
Sec. 59. "Farm vehicle loaded with a farm product" includes a truck hauling unprocessed leaf tobacco.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-60
Farm wagon
     Sec. 60. (a) "Farm wagon" means any of the following:
        (1) A wagon, other than an implement of agriculture, that is used primarily for transporting farm products and farm supplies in connection with a farming operation.
        (2) A three (3), four (4), or six (6) wheeled motor vehicle with a folding hitch on the front of the motor vehicle, manufactured with seating for not more than four (4) individuals, that is used primarily:
            (A) to transport an individual from one (1) farm field to another, whether or not the motor vehicle is operated on a highway in order to reach the other farm field;
            (B) for the transportation of an individual upon farm premises; or
            (C) for both purposes set forth in clauses (A) and (B).
        (3) A three (3), four (4), or six (6) wheeled construction related motor vehicle, capable of cross-country travel:
            (A) without the benefit of a road; and
            (B) on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain;
        that is used primarily for construction related purposes, including hauling building materials.
    (b) The term includes a motor vehicle described in subsection (a)(2) that is used for the incidental transportation of farm supplies or farm implements at the same time it is used for the transportation of an individual.
As added by P.L.2-1991, SEC.1. Amended by P.L.210-2005, SEC.6; P.L.150-2009, SEC.1; P.L.86-2010, SEC.1.

IC 9-13-2-61
Fatal accident
Sec. 61. "Fatal accident", for purposes of IC 9-30-7, has the meaning set forth in IC 9-30-7-1. As added by P.L.2-1991, SEC.1.

IC 9-13-2-62
Federal act
Sec. 62. "Federal act", for purposes of IC 9-27-1, has the meaning set forth in IC 9-27-1-1.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-62.5
Fire lane
     Sec. 62.5. (a) "Fire lane", for purposes of IC 9-21-16-5.5, means an area that is:
        (1) located within twelve (12) feet of:
            (A) a building that:
                (i) is occupied for commercial, professional, religious, or any other purpose; and
                (ii) is not a building that is intended for use as a dwelling for one (1) or two (2) families; or
            (B) a sidewalk immediately adjacent to or attached to a building; and
        (2) designated as a fire lane under IC 9-21-16-5.5(c).
    (b) The term includes an alley.
As added by P.L.8-2003, SEC.1.

IC 9-13-2-63
Fiscal body
     Sec. 63. "Fiscal body" means the following:
        (1) County council, for a county not having a consolidated city.
        (2) City-county council, for a consolidated city or county having a consolidated city.
        (3) Common council, for a city other than a consolidated city.
        (4) Town council, for a town.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-64
Flagman
Sec. 64. "Flagman" means an authorized person directing traffic in accordance with the provisions of this title at a worksite.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-65
Flammable liquid
Sec. 65. "Flammable liquid" means a liquid that has a flash point of seventy (70) degrees Fahrenheit, or less, as determined by a tabliabue or equivalent closed cup test device.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-66
Fleet
Sec. 66. "Fleet" means three (3) or more intercity buses. As added by P.L.2-1991, SEC.1.

IC 9-13-2-67
Franchise
Sec. 67. "Franchise" means an oral or a written agreement for a definite or an indefinite period in which a manufacturer or distributor grants to a dealer a right to use a trade name, trade or service mark, or related characteristic, and in which there is a community of interest in the marketing of motor vehicles or related services at retail or otherwise.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-68
Franchisee
Sec. 68. "Franchisee" means a dealer to whom a franchise is granted.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-69
Franchisor
Sec. 69. "Franchisor" means a manufacturer or distributor who grants a franchise to a dealer.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-69.3
Funeral escort
Sec. 69.3. "Funeral escort" has the meaning set forth in IC 9-21-13-0.3.
As added by P.L.236-2003, SEC.1.

IC 9-13-2-69.5
Funeral procession
Sec. 69.5. "Funeral procession" means two (2) or more vehicles, including a lead vehicle or a funeral escort vehicle, accompanying human remains.
As added by P.L.236-2003, SEC.2. Amended by P.L.24-2006, SEC.2.

IC 9-13-2-69.7
Golf cart
Sec. 69.7. "Golf cart" means a four (4) wheeled motor vehicle originally and specifically designed and intended to transport one (1) or more individuals and golf clubs for the purpose of playing the game of golf on a golf course.
As added by P.L.150-2009, SEC.2.

IC 9-13-2-69.8
Gold Star family member
Sec. 69.8. "Gold Star family member" for purposes of IC 9-18-54, has the meaning set forth in IC 9-18-54-1.
As added by P.L.87-2010, SEC.5.
IC 9-13-2-70
Good cause
Sec. 70. "Good cause", for purposes of IC 9-24-12-6, has the meaning set forth in that section.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-71
Gross weight
Sec. 71. "Gross weight" means the weight of a vehicle without load, plus the weight of any load on the vehicle.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-72
Habitual violator
Sec. 72. "Habitual violator", for purposes of IC 9-30-10, has the meaning set forth in IC 9-30-10-4.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-72.5
Heavy duty vehicle
     Sec. 72.5. "Heavy duty vehicle", for purposes of IC 9-20-4-1(b), means a vehicle that:
        (1) has a gross vehicle weight rating greater than eight thousand five hundred (8,500) pounds; and
        (2) is powered by a diesel engine.
As added by P.L.65-2010, SEC.2.

IC 9-13-2-73
Highway or street
Sec. 73. "Highway" or "street" means the entire width between the boundary lines of every publicly maintained way when any part of the way is open to the use of the public for purposes of vehicular travel. The term includes an alley in a city or town.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-74
Hulk crusher
Sec. 74. "Hulk crusher" means an enterprise that engages in the business of handling and flattening, compacting, or otherwise demolishing motor vehicles, motorcycles, semitrailers, or recreational vehicles, or their remains, for economical delivery to a scrap metal processor or other appropriate facility.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-74.5
Identification card
     Sec. 74.5. "Identification card" means an identification document issued by a state government for purposes of identification.
As added by P.L.184-2007, SEC.8.
IC 9-13-2-75
Identification number
     Sec. 75. (a) "Identification number", for purposes of IC 9-18-8-15, has the meaning set forth in IC 9-18-8-15(b).
    (b) "Identification number", for purposes of IC 9-17-4, has the meaning set forth in IC 9-17-4-0.5.
As added by P.L.2-1991, SEC.1. Amended by P.L.268-2003, SEC.3.

IC 9-13-2-76
Ignition interlock device
Sec. 76. "Ignition interlock device" means a blood alcohol concentration equivalence measuring device that prevents a motor vehicle from being started without first determining the operator's equivalent breath alcohol concentration through the taking of a deep lung breath sample.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-77
Implement of agriculture
     Sec. 77. (a) "Implement of agriculture" means agricultural implements, pull type and self-propelled, used for the:
        (1) transport;
        (2) delivery; or
        (3) application;
of crop inputs, including seed, fertilizers, and crop protection products, and vehicles designed to transport these types of agricultural implements.
    (b) The bureau shall determine by rule under IC 4-22-2 whether a category of implement of agriculture was designed to be operated primarily:
        (1) in a farm field or on farm premises; or
        (2) on a highway.
As added by P.L.2-1991, SEC.1. Amended by P.L.81-1991, SEC.3; P.L.210-2005, SEC.7.

IC 9-13-2-77.5
Indiana firefighter
Sec. 77.5. "Indiana firefighter", for purposes of IC 9-18-34, has the meaning set forth in IC 9-18-34-1.
As added by P.L.118-1998, SEC.2.

IC 9-13-2-78
Indiana resident
     Sec. 78. "Indiana resident" refers to a person who is one (1) of the following:
        (1) A person who has been living in Indiana for at least one hundred eighty-three (183) days during a calendar year and who has a legal residence in another state. However, the term does not include a person who has been living in Indiana for any of the following purposes:             (A) Attending a postsecondary educational institution.
            (B) Serving on active duty in the armed forces of the United States.
        (2) A person who is living in Indiana if the person has no other legal residence.
        (3) A person who is registered to vote in Indiana.
        (4) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
        (5) A person who has more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) derived from sources in Indiana using the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who is considered a resident under this subdivision is not a resident if the person proves by a preponderance of the evidence that the person is not a resident under subdivisions (1) through (4).
        (6) A person who:
            (A) is enrolled as a student of a truck driver training school;
            (B) has legal residence in another state but is living in Indiana temporarily for the express purpose of taking a course of study from the truck driver training school; and
            (C) intends to return to the person's state of residence upon completion of the course of study of the truck driver training school.
As added by P.L.2-1991, SEC.1. Amended by P.L.188-2006, SEC.2; P.L.2-2007, SEC.139.

IC 9-13-2-79
Individual owner
Sec. 79. "Individual owner", for purposes of IC 9-20-15-4 and IC 9-20-18-13(b), has the meaning set forth in IC 9-20-15-4(a).
As added by P.L.2-1991, SEC.1. Amended by P.L.95-1991, SEC.2.

IC 9-13-2-79.5
Individual record
Sec. 79.5. "Individual record", for purposes of IC 9-14-3.5, has the meaning set forth in IC 9-14-3.5-3.
As added by P.L.2-1997, SEC.25.

IC 9-13-2-79.7
Inflatable restraint system
Sec. 79.7. "Inflatable restraint system", for purposes of IC 9-19-10.5, has the meaning set forth in IC 9-19-10.5-1.
As added by P.L.248-2003, SEC.1 and P.L.265-2003, SEC.1.

IC 9-13-2-80
Repealed
(Repealed by P.L.1-2010, SEC.156.)

IC 9-13-2-81 Instructor of an approved driver education course
     Sec. 81. "Instructor of an approved driver education course" includes the following:
        (1) A high school teacher who conducts a driver education course.
        (2) The principal of a high school offering a driver education course.
        (3) The authorized agent of an approved driver education school.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-82
Insured
Sec. 82. "Insured", for purposes of IC 9-25, has the meaning set forth in IC 9-25-2-2.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-83
Intercity bus
Sec. 83. "Intercity bus" means a bus that is used in the transportation of passengers for hire over a fixed route under a certificate issued by the Interstate Commerce Commission in interstate or combined interstate-intrastate commerce or movements in Indiana.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-84
Intersection
     Sec. 84. (a) "Intersection" means the area embraced within:
        (1) the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two (2) highways that join at, or approximately at, right angles; or
        (2) the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
    (b) Where a highway includes two (2) roadways at least thirty (30) feet apart, every crossing of each roadway of the divided highway by an intersecting highway is regarded as a separate intersection. If the intersecting highway also includes two (2) roadways at least thirty (30) feet apart, every crossing of two (2) roadways of the intersecting highway is regarded as a separate intersection.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-85
Interstate highway
     Sec. 85. "Interstate highway" means a highway that is a part of the national system of interstate and defense highways (23 U.S.C. as in effect January 1, 1991).
As added by P.L.2-1991, SEC.1.
IC 9-13-2-86
Intoxicated
     Sec. 86. "Intoxicated" means under the influence of:
        (1) alcohol;
        (2) a controlled substance (as defined in IC 35-48-1);
        (3) a drug other than alcohol or a controlled substance;
        (4) a substance described in IC 35-46-6-2 or IC 35-46-6-3; or
        (5) a combination of substances described in subdivisions (1) through (4);
so that there is an impaired condition of thought and action and the loss of normal control of a person's faculties.
As added by P.L.2-1991, SEC.1. Amended by P.L.175-2001, SEC.1; P.L.151-2006, SEC.4.

IC 9-13-2-87
Intracity bus
Sec. 87. "Intracity bus" means a bus operating wholly within the corporate boundaries of a city or town, including contiguous cities or towns, and cities and towns contiguous to or operating in a local transportation system within a city and adjacent suburban territory on a route that extends from within the city into the suburban territory as described in IC 36-9-1-9.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-88
Judge
Sec. 88. "Judge", for purposes of IC 9-30-3, has the meaning set forth in IC 9-30-3-3.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-89
Judgment
     Sec. 89. (a) "Judgment" means, except as provided in subsections (b), (c), and (d), any judgment, except a judgment rendered against the state or a political subdivision or a municipality of the state that becomes final by expiration without appeal of the time within which appeal might have been perfected, or by final affirmation on appeal, rendered by a court of any state of the United States.
    (b) "Judgment", for purposes of IC 9-25-6-4, has the meaning set forth in IC 9-25-6-4(b).
    (c) "Judgment", for purposes of IC 9-30-10, has the meaning set forth in IC 9-30-10-1.
    (d) "Judgment", for purposes of IC 9-30-11, has the meaning set forth in IC 9-30-11-1.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-90
Labor rate
Sec. 90. "Labor rate" means the hourly labor rate charged by a franchisee for service, filed periodically with the bureau as the

bureau may require, and posted prominently in the franchisee's service department.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-91
Lamp
Sec. 91. "Lamp" means a single bulb that emits light.
As added by P.L.2-1991, SEC.1.

IC 9-13-2-92
Law enforcement officer
     Sec. 92. (a) "Law enforcement officer", except as provided in subsection (b), includes the following:
        (1) A state police officer.
        (2) A city, town, or county police officer.
        (3) A sheriff.
        (4) A county coroner.
        (5) A conservation officer.
        (6) An individual assigned as