IC 9-24-11
Chapter 11. Issuance of License or Permit
IC 9-24-11-0.5 Telecommunications device
Sec. 0.5. As used in this chapter, "telecommunications device"
means an electronic or digital telecommunications device. As added by P.L.101-2009, SEC.7.
IC 9-24-11-1 Conditions
Sec. 1. The bureau shall issue a permit or license to every
applicant who meets the following conditions:
(1) Qualifies as required.
(2) Makes the proper application.
(3) Pays the required fee. As added by P.L.2-1991, SEC.12.
IC 9-24-11-2 Manner of issuance
Sec. 2. The bureau may issue all permits and licenses required by
law for the operation of a motor vehicle in a manner the bureau
considers necessary and prudent. As added by P.L.2-1991, SEC.12.
IC 9-24-11-3 Minors' licenses probationary; expiration
Sec. 3. (a) This section applies to a probationary operator's license
issued before July 1, 2009.
(b) A license issued to an individual less than eighteen (18) years
of age is a probationary license.
(c) An individual holds a probationary license subject to the
following conditions:
(1) Except as provided in IC 31-37-3, the individual may not
operate a motor vehicle during the curfew hours specified in
IC 31-37-3-2.
(2) During the ninety (90) days following the issuance of the
probationary license, the individual may not operate a motor
vehicle in which there are passengers unless another individual:
(A) who is at least twenty-one (21) years of age and holds a
valid operator's license issued under this article; or
(B) who is the parent, guardian, or stepparent of the
individual holding a probationary license and who is at least
twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(3) The individual may operate a motor vehicle only if:
(A) a safety belt is properly fastened about the body of the
individual; and
(B) a safety belt is properly fastened about the body of each
occupant of the motor vehicle;
at all times when the motor vehicle is in motion.
(d) An individual who holds a probationary license issued under
this section may receive an operator's license, a chauffeur's license,
a public passenger chauffeur's license, or a commercial driver's
license when the individual is at least eighteen (18) years of age.
(e) Except as provided in subsection (f), a probationary license
issued under this section:
(1) expires at midnight of the twenty-first birthday of the
holder; and
(2) may not be renewed.
(f) A probationary license issued under this section to an
individual who complies with IC 9-24-9-2.5(5) through
IC 9-24-9-2.5(10) expires:
(1) at midnight one (1) year after issuance if there is no
expiration date on the authorization granted to the individual to
remain in the United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization to remain in
the United States expires.
(B) At midnight of the twenty-first birthday of the holder. As added by P.L.2-1991, SEC.12. Amended by P.L.57-1998, SEC.6;
P.L.225-1999, SEC.3; P.L.79-2001, SEC.1; P.L.156-2006, SEC.11;
P.L.184-2007, SEC.36; P.L.101-2009, SEC.8; P.L.76-2009, SEC.4;
P.L.162-2009, SEC.2; P.L.145-2009, SEC.5; P.L.1-2010, SEC.46.
IC 9-24-11-3.3 Minors' licenses probationary
Sec. 3.3. (a) This section applies to a probationary operator's
license issued after June 30, 2009.
(b) A license issued to or held by an individual less than eighteen
(18) years of age is a probationary license. An individual holds a
probationary license subject to the following conditions:
(1) Except as provided in subdivision (3), the individual may
not operate a motor vehicle from 10 p.m. until 5 a.m. of the
following morning during the first one hundred eighty (180)
days after issuance of the probationary license.
(2) Except as provided in subdivision (3), after one hundred
eighty (180) days after issuance of the probationary license, and
until the individual becomes eighteen (18) years of age, an
individual may not operate a motor vehicle:
(A) between 1 a.m. and 5 a.m. on a Saturday or Sunday;
(B) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday,
or Thursday; or
(C) before 5 a.m. on Monday, Tuesday, Wednesday,
Thursday, or Friday.
(3) The individual may operate a motor vehicle during the
periods described in subdivisions (1) and (2) if the individual
operates the motor vehicle while:
(A) participating in, going to, or returning from:
(i) lawful employment;
(ii) a school sanctioned activity; or
(iii) a religious event; or
(B) accompanied by a licensed driver at least twenty-five
(25) years of age.
(4) The individual may not operate a motor vehicle while using
a telecommunications device until the individual becomes
eighteen (18) years of age unless the telecommunications device
is being used to make a 911 emergency call.
(5) Except as provided in subdivision (6), during the one
hundred eighty (180) days after the issuance of the probationary
license, the individual may not operate a motor vehicle in which
there are passengers until the individual becomes eighteen (18)
years of age unless another individual:
(A) who:
(i) is at least twenty-five (25) years of age; and
(ii) holds a valid operator's, chauffeur's, public passenger
chauffeur's, or commercial driver's license issued under
this article;
(B) who is a certified driver education instructor; or
(C) who is the parent, guardian, or stepparent of the operator
and is at least twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(6) The individual may operate a motor vehicle and transport:
(A) a child of the individual;
(B) a sibling of the individual;
(C) a child and a sibling of the individual;
(D) the spouse of the individual; or
(E) a child and the spouse of the individual;
without another accompanying individual present in the motor
vehicle.
(7) The individual may operate a motor vehicle only if the
individual and each occupant of the motor vehicle are:
(A) properly restrained by a properly fastened safety belt; or
(B) if the occupant is a child, restrained in a properly
fastened child restraint system according to the
manufacturer's instructions under IC 9-19-11;
properly fastened about the occupant's body at all times when
the motor vehicle is in motion.
(c) An individual who holds a probationary license issued under
this section may receive an operator's license, a chauffeur's license,
a public passenger chauffeur's license, or a commercial driver's
license when the individual is at least eighteen (18) years of age.
(d) Except as provided in IC 9-24-12-1(e), a probationary license
issued under this section:
(1) expires at midnight of the date thirty (30) days after the
twenty-first birthday of the holder; and
(2) may not be renewed. As added by P.L.101-2009, SEC.9; P.L.145-2009, SEC.6. Amended
by P.L.1-2010, SEC.47.
IC 9-24-11-4 Only one license or identification card at the same time
Sec. 4. (a) An individual may not have more than one (1) valid
driver's license at a time.
(b) An individual may not hold a driver's license and an
identification card issued under IC 9-24-16 at the same time. As added by P.L.2-1991, SEC.12. Amended by P.L.184-2007,
SEC.37.
IC 9-24-11-5 Permit and license contents; digital photograph; medical condition
designation; acceptance for federal purposes; license or permit
issued to certain individuals temporary; address confidentiality
program participants
Sec. 5. (a) Except as provided in subsection (i), a permit or license
issued under this chapter must contain the following information:
(1) The full legal name of the permittee or licensee.
(2) The date of birth of the permittee or licensee.
(3) The address of the principal residence of the permittee or
licensee.
(4) The hair color and eye color of the permittee or licensee.
(5) The date of issue and expiration date of the permit or
license.
(6) The gender of the permittee or licensee.
(7) The unique identifying number of the permit or license.
(8) The weight of the permittee or licensee.
(9) The height of the permittee or licensee.
(10) A reproduction of the signature of the permittee or
licensee.
(11) If the permittee or licensee is less than eighteen (18) years
of age at the time of issuance, the dates on which the permittee
or licensee will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(12) If the permittee or licensee is at least eighteen (18) years of
age but less than twenty-one (21) years of age at the time of
issuance, the date on which the permittee or licensee will
become twenty-one (21) years of age.
(13) Except as provided in subsection (b) or (c), a digital
photograph of the permittee or licensee.
(b) The following permits or licenses do not require a digital
photograph:
(1) Temporary motorcycle learner's permit issued under
IC 9-24-8.
(2) Motorcycle learner's permit issued under IC 9-24-8.
(c) The bureau may provide for the omission of a photograph or
computerized image from any other license or permit if there is good
cause for the omission. However, a license issued without a digital
photograph must include the language described in subsection (f).
(d) The information contained on the permit or license as required
by subsection (a)(11) or (a)(12) for a permittee or licensee who is
less than twenty-one (21) years of age at the time of issuance shall be
printed prominently on the permit or license.
(e) This subsection applies to a permit or license issued after
January 1, 2007. If the applicant for a permit or license submits
information to the bureau concerning the applicant's medical
condition, the bureau shall place an identifying symbol on the face
of the permit or license to indicate that the applicant has a medical
condition of note. The bureau shall include information on the permit
or license that briefly describes the medical condition of the holder
of the permit or license. The information must be printed in a manner
that alerts a person reading the permit or license to the existence of
the medical condition. The permittee or licensee is responsible for
the accuracy of the information concerning the medical condition
submitted under this subsection. The bureau shall inform an
applicant that submission of information under this subsection is
voluntary.
(f) Any license or permit issued by the state that does not require
a digital photograph must include a statement that indicates that the
license or permit may not be accepted by any federal agency for
federal identification or any other federal purpose.
(g) A license or permit issued by the state to an individual who:
(1) has a valid, unexpired nonimmigrant visa or has
nonimmigrant visa status for entry in the United States;
(2) has a pending application for asylum in the United States;
(3) has a pending or approved application for temporary
protected status in the United States;
(4) has approved deferred action status; or
(5) has a pending application for adjustment of status to that of
an alien lawfully admitted for permanent residence in the
United States or conditional permanent residence status in the
United States;
must be clearly identified as a temporary license or permit. A
temporary license or permit issued under this subsection may not be
renewed without the presentation of valid documentary evidence
proving that the licensee's or permitee's temporary status has been
extended.
(h) The bureau may adopt rules under IC 4-22-2 to carry out this
section.
(i) For purposes of subsection (a), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence. As added by P.L.2-1991, SEC.12. Amended by P.L.39-2000, SEC.11;
P.L.42-2001, SEC.1; P.L.176-2001, SEC.13; P.L.1-2002, SEC.45;
P.L.34-2003, SEC.2; P.L.86-2005, SEC.1; P.L.123-2005, SEC.3;
IC 9-24-11-6
Repealed
(Repealed by P.L.34-2003, SEC.4.)
IC 9-24-11-7 Restrictions
Sec. 7. The bureau, when issuing a permit or license under this
article, may, whenever good cause appears, impose restrictions
suitable to the licensee's or permittee's driving ability with respect to
the type of or special mechanical control devices required on a motor
vehicle that the licensee operates. The bureau may impose other
restrictions applicable to the licensee or permittee that the bureau
determines is appropriate to assure the safe operation of a motor
vehicle by the licensee or permittee, including a requirement to take
prescribed medication. When the restrictions are imposed, the bureau
may issue either a special restricted license or shall set forth the
restrictions upon the usual license form. As added by P.L.2-1991, SEC.12. Amended by P.L.208-2003,
SEC.10.
IC 9-24-11-8 Violations; license suspension
Sec. 8. (a) Except as provided in subsections (b) and (c), a person
who violates this chapter commits a Class C infraction.
(b) A person who:
(1) has been issued a permit or license on which there is a
printed or stamped restriction as provided under section 7 of
this chapter; and
(2) operates a motor vehicle in violation of the restriction;
commits a Class C misdemeanor. The license of a person who
violates this subsection may be suspended in the manner provided for
the suspension or revocation of an operator's license.
(c) A person who causes serious bodily injury to or the death of
another person when operating a motor vehicle after knowingly or
intentionally failing to take prescribed medication, the taking of
which was a condition of the issuance of the operator's restricted
license under section 7 of this chapter, commits a Class A
misdemeanor. However, the offense is a Class D felony if, within the
five (5) years preceding the commission of the offense, the person
had a prior unrelated conviction under this subsection.
(d) A person who violates subsection (c) commits a separate
offense for each person whose serious bodily injury or death is
caused by the violation of subsection (c). As added by P.L.2-1991, SEC.12. Amended by P.L.208-2003,
SEC.11.
IC 9-24-11-9 Individuals with medical condition causing appearance of
intoxication
Sec. 9. (a) This section applies to an individual who has an
existing medical condition that causes the individual to appear
intoxicated.
(b) An operator's permit or license issued to an individual under
this section must bear a distinctive color coding on the face of the
operator's permit or license.
(c) An individual who wishes to have an operator's permit or
license issued under this section must provide a verified certificate
from a physician licensed to practice in Indiana attesting to the
individual's medical condition. The physician's certificate must be:
(1) provided to the bureau at the time the individual applies for
an operator's permit or license under this section;
(2) carried in any vehicle that the individual operates; and
(3) renewed each time the individual's operator's license is
renewed.
(d) The bureau shall adopt rules under IC 4-22-2 to carry out this
section. As added by P.L.134-1995, SEC.1.
IC 9-24-11-10 Court recommendation for suspension following conviction; failure
to take prescribed medication
Sec. 10. (a) In addition to any other penalty imposed for a
conviction under section 8(c) of this chapter, the court shall
recommend that the person's driving privileges be suspended for a
fixed period of at least ninety (90) days and not more than two (2)
years.
(b) The court shall specify:
(1) the length of the fixed period of suspension; and
(2) the date the fixed period of suspension begins;
whenever the court makes a recommendation under subsection (a). As added by P.L.208-2003, SEC.12.
IC 9-24-11-11 Suspension by bureau upon notice of conviction
Sec. 11. The bureau shall, upon receiving a record of conviction
of a person under section 8(c) of this chapter, set a period of
suspension for a fixed period of at least ninety (90) days and not
more than two (2) years. The bureau shall fix this period in
accordance with the recommendation of the court that entered the
conviction, as provided in section 10 of this chapter. As added by P.L.208-2003, SEC.13.
IC 9-24-11
Chapter 11. Issuance of License or Permit
IC 9-24-11-0.5 Telecommunications device
Sec. 0.5. As used in this chapter, "telecommunications device"
means an electronic or digital telecommunications device. As added by P.L.101-2009, SEC.7.
IC 9-24-11-1 Conditions
Sec. 1. The bureau shall issue a permit or license to every
applicant who meets the following conditions:
(1) Qualifies as required.
(2) Makes the proper application.
(3) Pays the required fee. As added by P.L.2-1991, SEC.12.
IC 9-24-11-2 Manner of issuance
Sec. 2. The bureau may issue all permits and licenses required by
law for the operation of a motor vehicle in a manner the bureau
considers necessary and prudent. As added by P.L.2-1991, SEC.12.
IC 9-24-11-3 Minors' licenses probationary; expiration
Sec. 3. (a) This section applies to a probationary operator's license
issued before July 1, 2009.
(b) A license issued to an individual less than eighteen (18) years
of age is a probationary license.
(c) An individual holds a probationary license subject to the
following conditions:
(1) Except as provided in IC 31-37-3, the individual may not
operate a motor vehicle during the curfew hours specified in
IC 31-37-3-2.
(2) During the ninety (90) days following the issuance of the
probationary license, the individual may not operate a motor
vehicle in which there are passengers unless another individual:
(A) who is at least twenty-one (21) years of age and holds a
valid operator's license issued under this article; or
(B) who is the parent, guardian, or stepparent of the
individual holding a probationary license and who is at least
twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(3) The individual may operate a motor vehicle only if:
(A) a safety belt is properly fastened about the body of the
individual; and
(B) a safety belt is properly fastened about the body of each
occupant of the motor vehicle;
at all times when the motor vehicle is in motion.
(d) An individual who holds a probationary license issued under
this section may receive an operator's license, a chauffeur's license,
a public passenger chauffeur's license, or a commercial driver's
license when the individual is at least eighteen (18) years of age.
(e) Except as provided in subsection (f), a probationary license
issued under this section:
(1) expires at midnight of the twenty-first birthday of the
holder; and
(2) may not be renewed.
(f) A probationary license issued under this section to an
individual who complies with IC 9-24-9-2.5(5) through
IC 9-24-9-2.5(10) expires:
(1) at midnight one (1) year after issuance if there is no
expiration date on the authorization granted to the individual to
remain in the United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization to remain in
the United States expires.
(B) At midnight of the twenty-first birthday of the holder. As added by P.L.2-1991, SEC.12. Amended by P.L.57-1998, SEC.6;
P.L.225-1999, SEC.3; P.L.79-2001, SEC.1; P.L.156-2006, SEC.11;
P.L.184-2007, SEC.36; P.L.101-2009, SEC.8; P.L.76-2009, SEC.4;
P.L.162-2009, SEC.2; P.L.145-2009, SEC.5; P.L.1-2010, SEC.46.
IC 9-24-11-3.3 Minors' licenses probationary
Sec. 3.3. (a) This section applies to a probationary operator's
license issued after June 30, 2009.
(b) A license issued to or held by an individual less than eighteen
(18) years of age is a probationary license. An individual holds a
probationary license subject to the following conditions:
(1) Except as provided in subdivision (3), the individual may
not operate a motor vehicle from 10 p.m. until 5 a.m. of the
following morning during the first one hundred eighty (180)
days after issuance of the probationary license.
(2) Except as provided in subdivision (3), after one hundred
eighty (180) days after issuance of the probationary license, and
until the individual becomes eighteen (18) years of age, an
individual may not operate a motor vehicle:
(A) between 1 a.m. and 5 a.m. on a Saturday or Sunday;
(B) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday,
or Thursday; or
(C) before 5 a.m. on Monday, Tuesday, Wednesday,
Thursday, or Friday.
(3) The individual may operate a motor vehicle during the
periods described in subdivisions (1) and (2) if the individual
operates the motor vehicle while:
(A) participating in, going to, or returning from:
(i) lawful employment;
(ii) a school sanctioned activity; or
(iii) a religious event; or
(B) accompanied by a licensed driver at least twenty-five
(25) years of age.
(4) The individual may not operate a motor vehicle while using
a telecommunications device until the individual becomes
eighteen (18) years of age unless the telecommunications device
is being used to make a 911 emergency call.
(5) Except as provided in subdivision (6), during the one
hundred eighty (180) days after the issuance of the probationary
license, the individual may not operate a motor vehicle in which
there are passengers until the individual becomes eighteen (18)
years of age unless another individual:
(A) who:
(i) is at least twenty-five (25) years of age; and
(ii) holds a valid operator's, chauffeur's, public passenger
chauffeur's, or commercial driver's license issued under
this article;
(B) who is a certified driver education instructor; or
(C) who is the parent, guardian, or stepparent of the operator
and is at least twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(6) The individual may operate a motor vehicle and transport:
(A) a child of the individual;
(B) a sibling of the individual;
(C) a child and a sibling of the individual;
(D) the spouse of the individual; or
(E) a child and the spouse of the individual;
without another accompanying individual present in the motor
vehicle.
(7) The individual may operate a motor vehicle only if the
individual and each occupant of the motor vehicle are:
(A) properly restrained by a properly fastened safety belt; or
(B) if the occupant is a child, restrained in a properly
fastened child restraint system according to the
manufacturer's instructions under IC 9-19-11;
properly fastened about the occupant's body at all times when
the motor vehicle is in motion.
(c) An individual who holds a probationary license issued under
this section may receive an operator's license, a chauffeur's license,
a public passenger chauffeur's license, or a commercial driver's
license when the individual is at least eighteen (18) years of age.
(d) Except as provided in IC 9-24-12-1(e), a probationary license
issued under this section:
(1) expires at midnight of the date thirty (30) days after the
twenty-first birthday of the holder; and
(2) may not be renewed. As added by P.L.101-2009, SEC.9; P.L.145-2009, SEC.6. Amended
by P.L.1-2010, SEC.47.
IC 9-24-11-4 Only one license or identification card at the same time
Sec. 4. (a) An individual may not have more than one (1) valid
driver's license at a time.
(b) An individual may not hold a driver's license and an
identification card issued under IC 9-24-16 at the same time. As added by P.L.2-1991, SEC.12. Amended by P.L.184-2007,
SEC.37.
IC 9-24-11-5 Permit and license contents; digital photograph; medical condition
designation; acceptance for federal purposes; license or permit
issued to certain individuals temporary; address confidentiality
program participants
Sec. 5. (a) Except as provided in subsection (i), a permit or license
issued under this chapter must contain the following information:
(1) The full legal name of the permittee or licensee.
(2) The date of birth of the permittee or licensee.
(3) The address of the principal residence of the permittee or
licensee.
(4) The hair color and eye color of the permittee or licensee.
(5) The date of issue and expiration date of the permit or
license.
(6) The gender of the permittee or licensee.
(7) The unique identifying number of the permit or license.
(8) The weight of the permittee or licensee.
(9) The height of the permittee or licensee.
(10) A reproduction of the signature of the permittee or
licensee.
(11) If the permittee or licensee is less than eighteen (18) years
of age at the time of issuance, the dates on which the permittee
or licensee will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(12) If the permittee or licensee is at least eighteen (18) years of
age but less than twenty-one (21) years of age at the time of
issuance, the date on which the permittee or licensee will
become twenty-one (21) years of age.
(13) Except as provided in subsection (b) or (c), a digital
photograph of the permittee or licensee.
(b) The following permits or licenses do not require a digital
photograph:
(1) Temporary motorcycle learner's permit issued under
IC 9-24-8.
(2) Motorcycle learner's permit issued under IC 9-24-8.
(c) The bureau may provide for the omission of a photograph or
computerized image from any other license or permit if there is good
cause for the omission. However, a license issued without a digital
photograph must include the language described in subsection (f).
(d) The information contained on the permit or license as required
by subsection (a)(11) or (a)(12) for a permittee or licensee who is
less than twenty-one (21) years of age at the time of issuance shall be
printed prominently on the permit or license.
(e) This subsection applies to a permit or license issued after
January 1, 2007. If the applicant for a permit or license submits
information to the bureau concerning the applicant's medical
condition, the bureau shall place an identifying symbol on the face
of the permit or license to indicate that the applicant has a medical
condition of note. The bureau shall include information on the permit
or license that briefly describes the medical condition of the holder
of the permit or license. The information must be printed in a manner
that alerts a person reading the permit or license to the existence of
the medical condition. The permittee or licensee is responsible for
the accuracy of the information concerning the medical condition
submitted under this subsection. The bureau shall inform an
applicant that submission of information under this subsection is
voluntary.
(f) Any license or permit issued by the state that does not require
a digital photograph must include a statement that indicates that the
license or permit may not be accepted by any federal agency for
federal identification or any other federal purpose.
(g) A license or permit issued by the state to an individual who:
(1) has a valid, unexpired nonimmigrant visa or has
nonimmigrant visa status for entry in the United States;
(2) has a pending application for asylum in the United States;
(3) has a pending or approved application for temporary
protected status in the United States;
(4) has approved deferred action status; or
(5) has a pending application for adjustment of status to that of
an alien lawfully admitted for permanent residence in the
United States or conditional permanent residence status in the
United States;
must be clearly identified as a temporary license or permit. A
temporary license or permit issued under this subsection may not be
renewed without the presentation of valid documentary evidence
proving that the licensee's or permitee's temporary status has been
extended.
(h) The bureau may adopt rules under IC 4-22-2 to carry out this
section.
(i) For purposes of subsection (a), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence. As added by P.L.2-1991, SEC.12. Amended by P.L.39-2000, SEC.11;
P.L.42-2001, SEC.1; P.L.176-2001, SEC.13; P.L.1-2002, SEC.45;
P.L.34-2003, SEC.2; P.L.86-2005, SEC.1; P.L.123-2005, SEC.3;
IC 9-24-11-6
Repealed
(Repealed by P.L.34-2003, SEC.4.)
IC 9-24-11-7 Restrictions
Sec. 7. The bureau, when issuing a permit or license under this
article, may, whenever good cause appears, impose restrictions
suitable to the licensee's or permittee's driving ability with respect to
the type of or special mechanical control devices required on a motor
vehicle that the licensee operates. The bureau may impose other
restrictions applicable to the licensee or permittee that the bureau
determines is appropriate to assure the safe operation of a motor
vehicle by the licensee or permittee, including a requirement to take
prescribed medication. When the restrictions are imposed, the bureau
may issue either a special restricted license or shall set forth the
restrictions upon the usual license form. As added by P.L.2-1991, SEC.12. Amended by P.L.208-2003,
SEC.10.
IC 9-24-11-8 Violations; license suspension
Sec. 8. (a) Except as provided in subsections (b) and (c), a person
who violates this chapter commits a Class C infraction.
(b) A person who:
(1) has been issued a permit or license on which there is a
printed or stamped restriction as provided under section 7 of
this chapter; and
(2) operates a motor vehicle in violation of the restriction;
commits a Class C misdemeanor. The license of a person who
violates this subsection may be suspended in the manner provided for
the suspension or revocation of an operator's license.
(c) A person who causes serious bodily injury to or the death of
another person when operating a motor vehicle after knowingly or
intentionally failing to take prescribed medication, the taking of
which was a condition of the issuance of the operator's restricted
license under section 7 of this chapter, commits a Class A
misdemeanor. However, the offense is a Class D felony if, within the
five (5) years preceding the commission of the offense, the person
had a prior unrelated conviction under this subsection.
(d) A person who violates subsection (c) commits a separate
offense for each person whose serious bodily injury or death is
caused by the violation of subsection (c). As added by P.L.2-1991, SEC.12. Amended by P.L.208-2003,
SEC.11.
IC 9-24-11-9 Individuals with medical condition causing appearance of
intoxication
Sec. 9. (a) This section applies to an individual who has an
existing medical condition that causes the individual to appear
intoxicated.
(b) An operator's permit or license issued to an individual under
this section must bear a distinctive color coding on the face of the
operator's permit or license.
(c) An individual who wishes to have an operator's permit or
license issued under this section must provide a verified certificate
from a physician licensed to practice in Indiana attesting to the
individual's medical condition. The physician's certificate must be:
(1) provided to the bureau at the time the individual applies for
an operator's permit or license under this section;
(2) carried in any vehicle that the individual operates; and
(3) renewed each time the individual's operator's license is
renewed.
(d) The bureau shall adopt rules under IC 4-22-2 to carry out this
section. As added by P.L.134-1995, SEC.1.
IC 9-24-11-10 Court recommendation for suspension following conviction; failure
to take prescribed medication
Sec. 10. (a) In addition to any other penalty imposed for a
conviction under section 8(c) of this chapter, the court shall
recommend that the person's driving privileges be suspended for a
fixed period of at least ninety (90) days and not more than two (2)
years.
(b) The court shall specify:
(1) the length of the fixed period of suspension; and
(2) the date the fixed period of suspension begins;
whenever the court makes a recommendation under subsection (a). As added by P.L.208-2003, SEC.12.
IC 9-24-11-11 Suspension by bureau upon notice of conviction
Sec. 11. The bureau shall, upon receiving a record of conviction
of a person under section 8(c) of this chapter, set a period of
suspension for a fixed period of at least ninety (90) days and not
more than two (2) years. The bureau shall fix this period in
accordance with the recommendation of the court that entered the
conviction, as provided in section 10 of this chapter. As added by P.L.208-2003, SEC.13.
IC 9-24-11
Chapter 11. Issuance of License or Permit
IC 9-24-11-0.5 Telecommunications device
Sec. 0.5. As used in this chapter, "telecommunications device"
means an electronic or digital telecommunications device. As added by P.L.101-2009, SEC.7.
IC 9-24-11-1 Conditions
Sec. 1. The bureau shall issue a permit or license to every
applicant who meets the following conditions:
(1) Qualifies as required.
(2) Makes the proper application.
(3) Pays the required fee. As added by P.L.2-1991, SEC.12.
IC 9-24-11-2 Manner of issuance
Sec. 2. The bureau may issue all permits and licenses required by
law for the operation of a motor vehicle in a manner the bureau
considers necessary and prudent. As added by P.L.2-1991, SEC.12.
IC 9-24-11-3 Minors' licenses probationary; expiration
Sec. 3. (a) This section applies to a probationary operator's license
issued before July 1, 2009.
(b) A license issued to an individual less than eighteen (18) years
of age is a probationary license.
(c) An individual holds a probationary license subject to the
following conditions:
(1) Except as provided in IC 31-37-3, the individual may not
operate a motor vehicle during the curfew hours specified in
IC 31-37-3-2.
(2) During the ninety (90) days following the issuance of the
probationary license, the individual may not operate a motor
vehicle in which there are passengers unless another individual:
(A) who is at least twenty-one (21) years of age and holds a
valid operator's license issued under this article; or
(B) who is the parent, guardian, or stepparent of the
individual holding a probationary license and who is at least
twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(3) The individual may operate a motor vehicle only if:
(A) a safety belt is properly fastened about the body of the
individual; and
(B) a safety belt is properly fastened about the body of each
occupant of the motor vehicle;
at all times when the motor vehicle is in motion.
(d) An individual who holds a probationary license issued under
this section may receive an operator's license, a chauffeur's license,
a public passenger chauffeur's license, or a commercial driver's
license when the individual is at least eighteen (18) years of age.
(e) Except as provided in subsection (f), a probationary license
issued under this section:
(1) expires at midnight of the twenty-first birthday of the
holder; and
(2) may not be renewed.
(f) A probationary license issued under this section to an
individual who complies with IC 9-24-9-2.5(5) through
IC 9-24-9-2.5(10) expires:
(1) at midnight one (1) year after issuance if there is no
expiration date on the authorization granted to the individual to
remain in the United States; or
(2) if there is an expiration date on the authorization granted to
the individual to remain in the United States, the earlier of the
following:
(A) At midnight of the date the authorization to remain in
the United States expires.
(B) At midnight of the twenty-first birthday of the holder. As added by P.L.2-1991, SEC.12. Amended by P.L.57-1998, SEC.6;
P.L.225-1999, SEC.3; P.L.79-2001, SEC.1; P.L.156-2006, SEC.11;
P.L.184-2007, SEC.36; P.L.101-2009, SEC.8; P.L.76-2009, SEC.4;
P.L.162-2009, SEC.2; P.L.145-2009, SEC.5; P.L.1-2010, SEC.46.
IC 9-24-11-3.3 Minors' licenses probationary
Sec. 3.3. (a) This section applies to a probationary operator's
license issued after June 30, 2009.
(b) A license issued to or held by an individual less than eighteen
(18) years of age is a probationary license. An individual holds a
probationary license subject to the following conditions:
(1) Except as provided in subdivision (3), the individual may
not operate a motor vehicle from 10 p.m. until 5 a.m. of the
following morning during the first one hundred eighty (180)
days after issuance of the probationary license.
(2) Except as provided in subdivision (3), after one hundred
eighty (180) days after issuance of the probationary license, and
until the individual becomes eighteen (18) years of age, an
individual may not operate a motor vehicle:
(A) between 1 a.m. and 5 a.m. on a Saturday or Sunday;
(B) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday,
or Thursday; or
(C) before 5 a.m. on Monday, Tuesday, Wednesday,
Thursday, or Friday.
(3) The individual may operate a motor vehicle during the
periods described in subdivisions (1) and (2) if the individual
operates the motor vehicle while:
(A) participating in, going to, or returning from:
(i) lawful employment;
(ii) a school sanctioned activity; or
(iii) a religious event; or
(B) accompanied by a licensed driver at least twenty-five
(25) years of age.
(4) The individual may not operate a motor vehicle while using
a telecommunications device until the individual becomes
eighteen (18) years of age unless the telecommunications device
is being used to make a 911 emergency call.
(5) Except as provided in subdivision (6), during the one
hundred eighty (180) days after the issuance of the probationary
license, the individual may not operate a motor vehicle in which
there are passengers until the individual becomes eighteen (18)
years of age unless another individual:
(A) who:
(i) is at least twenty-five (25) years of age; and
(ii) holds a valid operator's, chauffeur's, public passenger
chauffeur's, or commercial driver's license issued under
this article;
(B) who is a certified driver education instructor; or
(C) who is the parent, guardian, or stepparent of the operator
and is at least twenty-one (21) years of age;
is present in the front seat of the motor vehicle.
(6) The individual may operate a motor vehicle and transport:
(A) a child of the individual;
(B) a sibling of the individual;
(C) a child and a sibling of the individual;
(D) the spouse of the individual; or
(E) a child and the spouse of the individual;
without another accompanying individual present in the motor
vehicle.
(7) The individual may operate a motor vehicle only if the
individual and each occupant of the motor vehicle are:
(A) properly restrained by a properly fastened safety belt; or
(B) if the occupant is a child, restrained in a properly
fastened child restraint system according to the
manufacturer's instructions under IC 9-19-11;
properly fastened about the occupant's body at all times when
the motor vehicle is in motion.
(c) An individual who holds a probationary license issued under
this section may receive an operator's license, a chauffeur's license,
a public passenger chauffeur's license, or a commercial driver's
license when the individual is at least eighteen (18) years of age.
(d) Except as provided in IC 9-24-12-1(e), a probationary license
issued under this section:
(1) expires at midnight of the date thirty (30) days after the
twenty-first birthday of the holder; and
(2) may not be renewed. As added by P.L.101-2009, SEC.9; P.L.145-2009, SEC.6. Amended
by P.L.1-2010, SEC.47.
IC 9-24-11-4 Only one license or identification card at the same time
Sec. 4. (a) An individual may not have more than one (1) valid
driver's license at a time.
(b) An individual may not hold a driver's license and an
identification card issued under IC 9-24-16 at the same time. As added by P.L.2-1991, SEC.12. Amended by P.L.184-2007,
SEC.37.
IC 9-24-11-5 Permit and license contents; digital photograph; medical condition
designation; acceptance for federal purposes; license or permit
issued to certain individuals temporary; address confidentiality
program participants
Sec. 5. (a) Except as provided in subsection (i), a permit or license
issued under this chapter must contain the following information:
(1) The full legal name of the permittee or licensee.
(2) The date of birth of the permittee or licensee.
(3) The address of the principal residence of the permittee or
licensee.
(4) The hair color and eye color of the permittee or licensee.
(5) The date of issue and expiration date of the permit or
license.
(6) The gender of the permittee or licensee.
(7) The unique identifying number of the permit or license.
(8) The weight of the permittee or licensee.
(9) The height of the permittee or licensee.
(10) A reproduction of the signature of the permittee or
licensee.
(11) If the permittee or licensee is less than eighteen (18) years
of age at the time of issuance, the dates on which the permittee
or licensee will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(12) If the permittee or licensee is at least eighteen (18) years of
age but less than twenty-one (21) years of age at the time of
issuance, the date on which the permittee or licensee will
become twenty-one (21) years of age.
(13) Except as provided in subsection (b) or (c), a digital
photograph of the permittee or licensee.
(b) The following permits or licenses do not require a digital
photograph:
(1) Temporary motorcycle learner's permit issued under
IC 9-24-8.
(2) Motorcycle learner's permit issued under IC 9-24-8.
(c) The bureau may provide for the omission of a photograph or
computerized image from any other license or permit if there is good
cause for the omission. However, a license issued without a digital
photograph must include the language described in subsection (f).
(d) The information contained on the permit or license as required
by subsection (a)(11) or (a)(12) for a permittee or licensee who is
less than twenty-one (21) years of age at the time of issuance shall be
printed prominently on the permit or license.
(e) This subsection applies to a permit or license issued after
January 1, 2007. If the applicant for a permit or license submits
information to the bureau concerning the applicant's medical
condition, the bureau shall place an identifying symbol on the face
of the permit or license to indicate that the applicant has a medical
condition of note. The bureau shall include information on the permit
or license that briefly describes the medical condition of the holder
of the permit or license. The information must be printed in a manner
that alerts a person reading the permit or license to the existence of
the medical condition. The permittee or licensee is responsible for
the accuracy of the information concerning the medical condition
submitted under this subsection. The bureau shall inform an
applicant that submission of information under this subsection is
voluntary.
(f) Any license or permit issued by the state that does not require
a digital photograph must include a statement that indicates that the
license or permit may not be accepted by any federal agency for
federal identification or any other federal purpose.
(g) A license or permit issued by the state to an individual who:
(1) has a valid, unexpired nonimmigrant visa or has
nonimmigrant visa status for entry in the United States;
(2) has a pending application for asylum in the United States;
(3) has a pending or approved application for temporary
protected status in the United States;
(4) has approved deferred action status; or
(5) has a pending application for adjustment of status to that of
an alien lawfully admitted for permanent residence in the
United States or conditional permanent residence status in the
United States;
must be clearly identified as a temporary license or permit. A
temporary license or permit issued under this subsection may not be
renewed without the presentation of valid documentary evidence
proving that the licensee's or permitee's temporary status has been
extended.
(h) The bureau may adopt rules under IC 4-22-2 to carry out this
section.
(i) For purposes of subsection (a), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence. As added by P.L.2-1991, SEC.12. Amended by P.L.39-2000, SEC.11;
P.L.42-2001, SEC.1; P.L.176-2001, SEC.13; P.L.1-2002, SEC.45;
P.L.34-2003, SEC.2; P.L.86-2005, SEC.1; P.L.123-2005, SEC.3;
IC 9-24-11-6
Repealed
(Repealed by P.L.34-2003, SEC.4.)
IC 9-24-11-7 Restrictions
Sec. 7. The bureau, when issuing a permit or license under this
article, may, whenever good cause appears, impose restrictions
suitable to the licensee's or permittee's driving ability with respect to
the type of or special mechanical control devices required on a motor
vehicle that the licensee operates. The bureau may impose other
restrictions applicable to the licensee or permittee that the bureau
determines is appropriate to assure the safe operation of a motor
vehicle by the licensee or permittee, including a requirement to take
prescribed medication. When the restrictions are imposed, the bureau
may issue either a special restricted license or shall set forth the
restrictions upon the usual license form. As added by P.L.2-1991, SEC.12. Amended by P.L.208-2003,
SEC.10.
IC 9-24-11-8 Violations; license suspension
Sec. 8. (a) Except as provided in subsections (b) and (c), a person
who violates this chapter commits a Class C infraction.
(b) A person who:
(1) has been issued a permit or license on which there is a
printed or stamped restriction as provided under section 7 of
this chapter; and
(2) operates a motor vehicle in violation of the restriction;
commits a Class C misdemeanor. The license of a person who
violates this subsection may be suspended in the manner provided for
the suspension or revocation of an operator's license.
(c) A person who causes serious bodily injury to or the death of
another person when operating a motor vehicle after knowingly or
intentionally failing to take prescribed medication, the taking of
which was a condition of the issuance of the operator's restricted
license under section 7 of this chapter, commits a Class A
misdemeanor. However, the offense is a Class D felony if, within the
five (5) years preceding the commission of the offense, the person
had a prior unrelated conviction under this subsection.
(d) A person who violates subsection (c) commits a separate
offense for each person whose serious bodily injury or death is
caused by the violation of subsection (c). As added by P.L.2-1991, SEC.12. Amended by P.L.208-2003,
SEC.11.
IC 9-24-11-9 Individuals with medical condition causing appearance of
intoxication
Sec. 9. (a) This section applies to an individual who has an
existing medical condition that causes the individual to appear
intoxicated.
(b) An operator's permit or license issued to an individual under
this section must bear a distinctive color coding on the face of the
operator's permit or license.
(c) An individual who wishes to have an operator's permit or
license issued under this section must provide a verified certificate
from a physician licensed to practice in Indiana attesting to the
individual's medical condition. The physician's certificate must be:
(1) provided to the bureau at the time the individual applies for
an operator's permit or license under this section;
(2) carried in any vehicle that the individual operates; and
(3) renewed each time the individual's operator's license is
renewed.
(d) The bureau shall adopt rules under IC 4-22-2 to carry out this
section. As added by P.L.134-1995, SEC.1.
IC 9-24-11-10 Court recommendation for suspension following conviction; failure
to take prescribed medication
Sec. 10. (a) In addition to any other penalty imposed for a
conviction under section 8(c) of this chapter, the court shall
recommend that the person's driving privileges be suspended for a
fixed period of at least ninety (90) days and not more than two (2)
years.
(b) The court shall specify:
(1) the length of the fixed period of suspension; and
(2) the date the fixed period of suspension begins;
whenever the court makes a recommendation under subsection (a). As added by P.L.208-2003, SEC.12.
IC 9-24-11-11 Suspension by bureau upon notice of conviction
Sec. 11. The bureau shall, upon receiving a record of conviction
of a person under section 8(c) of this chapter, set a period of
suspension for a fixed period of at least ninety (90) days and not
more than two (2) years. The bureau shall fix this period in
accordance with the recommendation of the court that entered the
conviction, as provided in section 10 of this chapter. As added by P.L.208-2003, SEC.13.
