IC 9-25-6
Chapter 6. Suspension of Driving Privileges and Vehicle
Registrations
IC 9-25-6-1 Certificate of compliance received from person identified in
accident report
Sec. 1. (a) If:
(1) the bureau receives a certificate of compliance from a
person identified under IC 9-25-5-2 within forty (40) days after
the date on which the bureau mailed the request for evidence of
financial responsibility to the person; and
(2) the certificate of compliance indicates that financial
responsibility was in effect with respect to the vehicle at the
time of the accident described in the accident report;
the bureau may not suspend the person's current driving license.
(b) If:
(1) the bureau receives a certificate of compliance from a
person presented with a request for evidence of financial
responsibility under IC 9-25-9-1 within forty (40) days after the
date on which the person was presented with the request; and
(2) the certificate of compliance indicates that financial
responsibility was in effect with respect to the motor vehicle
that the person was operating when the person committed the
violation described in the judgment or abstract received by the
bureau under IC 9-25-9-1;
the bureau may not suspend the person's current driving license. As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.5.
IC 9-25-6-2 Certificate of compliance received from person identified in
accident report; false statements
Sec. 2. (a) If the bureau finds that a statement as to the existence
of financial responsibility in a certificate of compliance received
from:
(1) a person identified under IC 9-25-5-2; or
(2) a person presented with a request for evidence of financial
responsibility under IC 9-25-9-1;
is materially false, the bureau shall take action under subsection (b).
(b) Upon finding that the statement referred to in subsection (a)
is false, the bureau shall do the following:
(1) Immediately suspend the person's current driving license or
vehicle registration, or both.
(2) Demand that the person immediately surrender the person's
current driving license or vehicle registration, or both, to the
bureau. As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.6.
IC 9-25-6-3 Certificate of compliance not received from person identified in
accident report; receipt of certificate not indicating financial
responsibility in effect; suspension of license; exceptions
Sec. 3. (a) If the bureau:
(1) does not receive a certificate of compliance from a person
identified under IC 9-25-5-2 within forty (40) days after the
date on which the bureau mailed the request for evidence of
financial responsibility to the person; or
(2) receives a certificate that does not indicate that financial
responsibility was in effect with respect to the motor vehicle
operated by the person on the date of the accident referred to in
IC 9-25-5-2;
the bureau shall take action under subsection (c).
(b) If the bureau:
(1) does not receive a certificate of compliance from a person
presented with a request for evidence of financial responsibility
under IC 9-25-9-1 within forty (40) days after the date on which
the person was presented with the request; or
(2) receives a certificate that does not indicate that financial
responsibility was in effect with respect to the motor vehicle
that the person was operating when the person committed the
violation described in the judgment or abstract received by the
bureau under IC 9-25-9-1;
the bureau shall take action under subsection (c).
(c) Under the conditions set forth in subsection (a) or (b), the
bureau shall do the following:
(1) Immediately suspend the person's current driving license or
vehicle registration, or both.
(2) Demand that the person immediately surrender the person's
current driving license or vehicle registration, or both, to the
bureau.
(d) Except as provided in subsection (e), if subsection (a) or (b)
applies to a person, the bureau shall suspend the current driving
license of the person irrespective of the following:
(1) The sale or other disposition of the motor vehicle by the
owner.
(2) The cancellation or expiration of the registration of the
motor vehicle.
(3) An assertion by the person that the person did not own the
motor vehicle and therefore had no control over whether
financial responsibility was in effect with respect to the motor
vehicle.
(e) The bureau shall not suspend the current driving license of a
person to which subsection (a) or subsection (b) applies if the person,
through a certificate of compliance or another communication with
the bureau, establishes to the satisfaction of the bureau that the motor
vehicle that the person was operating when the accident referred to
in subsection (a) took place or when the violation referred to in
subsection (b) was committed was:
(1) rented from a rental company; or
(2) owned by the person's employer and operated by the person
in the normal course of the person's employment. As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.7;
P.L.268-2003, SEC.31.
IC 9-25-6-3.5 Multiple violation; suspension of license or registration
Sec. 3.5. If a person violates:
(1) IC 9-25-4;
(2) IC 9-25-5; or
(3) section 2 or 3 of this chapter;
more than one (1) time within a three (3) year period, the person's
driving license or vehicle registration may be suspended for not more
than one (1) year. As added by P.L.105-1991, SEC.2.
IC 9-25-6-4 Failure to satisfy judgment; suspension of license; application of
section
Sec. 4. (a) This section does not apply to judgments entered at
least seven (7) years after the date of the accident.
(b) "Judgment", as used in this section, means a judgment in
excess of two hundred dollars ($200) for bodily injury, death, or
property damages arising out of the use of a motor vehicle upon a
public highway.
(c) The bureau shall suspend for a period of not more than seven
(7) years from the date of written notification the current driving
license issued to a person upon receiving a verified report that the
person has failed for a period of up to ninety (90) days to satisfy a
judgment. As added by P.L.2-1991, SEC.13.
IC 9-25-6-5 Conditions for satisfaction of judgment
Sec. 5. (a) A judgment referred to in this chapter is considered
satisfied only when the following conditions are fulfilled as
appropriate:
(1) Subject to the limit in subdivision (2), twenty-five thousand
dollars ($25,000) has been credited upon a judgment rendered
in excess of that amount because of bodily injury to or death of
one (1) person as the result of one (1) accident.
(2) Fifty thousand dollars ($50,000) has been credited upon a
judgment rendered in excess of that amount because of bodily
injury to or death of two (2) or more persons as the result of any
one (1) accident.
(3) Ten thousand dollars ($10,000) has been credited upon a
judgment or judgments rendered in excess of that amount
because of injury to or destruction of property of others as a
result of any one (1) accident.
(4) The judgment is satisfied by payment accepted by the
judgment creditor in full satisfaction of all claims arising from
bodily injury, death, or property damage arising from the motor
vehicle accident involved in the judgment.
(b) A payment made in settlement of a claim because of bodily
injury, death, or property damage arising from a motor vehicle
accident shall be credited in reduction of the amounts provided for
in this section. As added by P.L.2-1991, SEC.13.
IC 9-25-6-6 Payment of judgment in installments; failure to pay installment;
allowing license and registration to judgment debtor on consent of
judgment creditor
Sec. 6. (a) The bureau may not suspend a license and shall
reinstate a license suspended following nonpayment of a judgment
whenever a judgment debtor does the following:
(1) Gives proof of the judgment debtor's financial responsibility
in the future.
(2) Obtains an order from the trial court in which the judgment
was rendered permitting the payment of the judgment in
installments, unless the payment of an installment is in default.
(b) A judgment debtor, upon five (5) days notice to the judgment
creditor, may apply to the trial court in which the judgment was
obtained for the privilege of paying the judgment in installments. The
court, in the court's discretion and without prejudice to other legal
remedies the judgment creditor may have, may order the payment of
the judgment in installments, fixing the amounts and times of
payment of the installments.
(c) Except as provided in subsection (d), if the judgment debtor
fails to pay an installment as permitted by the order of the court,
upon notice of the default the bureau shall suspend the license of the
judgment debtor. The bureau may not take action for failure to make
installment payments for judgments entered at least seven (7) years
after the date of the accident. A suspended license may not be
reinstated until evidence of proof of financial responsibility is
presented.
(d) Notwithstanding a default by the judgment debtor in the
payment of a judgment or the payment of an installment under
subsection (b), whenever the judgment creditor consents in writing,
in the form the bureau prescribes, that the judgment debtor be
allowed license and registration, the license and registration may be
allowed by the bureau at the bureau's discretion. The license and
registration may be allowed for six (6) months from the date of a
consent under this subsection and may be renewed until the consent
is revoked in writing if the judgment debtor furnishes proof under
this article of the judgment debtor's financial responsibility in the
future. As added by P.L.2-1991, SEC.13.
IC 9-25-6-7 Duration of suspension for failure to satisfy judgment; discharge
in bankruptcy
Sec. 7. (a) Except as provided in sections 5 and 6 of this chapter,
a suspension required in sections 4 and 6 of this chapter remains in
effect and no other motor vehicle may be registered in the name of
the judgment debtor or a new license issued to the judgment debtor,
until the following occur:
(1) The judgment is satisfied or stayed.
(2) The judgment debtor gives proof of financial responsibility
in the future as provided in this article.
(b) A discharge in bankruptcy following the rendering of a
judgment does not relieve the judgment debtor from the requirements
of this chapter. As added by P.L.2-1991, SEC.13.
IC 9-25-6-8 Motor vehicle convictions; court recommendations as to license
suspensions; form of abstract of record of conviction
Sec. 8. (a) A court shall forward to the bureau a certified abstract
of the record of the conviction of a person in the court for a violation
of a law relating to motor vehicles.
(b) If in the opinion of the court a defendant should be deprived
of the privilege to operate a motor vehicle upon a public highway,
the court shall recommend the suspension of the convicted person's
current driving license for a fixed period established by the court not
exceeding one (1) year.
(c) The bureau shall comply with the court's recommendation.
(d) At the time of a conviction referred to in subsection (a) or
IC 9-30-5-7, the court may obtain the defendant's current driving
license and return the license to the department.
(e) An abstract provided for by this section must be in the form
prescribed by the bureau and, when certified, shall be accepted by an
administrative agency or a court as prima facie evidence of the
conviction and all other action stated in the abstract. As added by P.L.2-1991, SEC.13.
IC 9-25-6-9 Certified abstract of record of judgment for damages
Sec. 9. The clerk of a court, or the judge of a court that has no
clerk, shall forward to the bureau a certified abstract of the record of
a judgment for damages if the rendering and nonpayment of the
judgment requires the bureau to suspend or revoke the current
driving license in the name of the judgment debtor under this article.
The abstract shall be forwarded to the bureau immediately upon the
expiration of thirty (30) days after the judgment becomes final and
has not been stayed or satisfied, as shown by the records of the court. As added by P.L.2-1991, SEC.13.
IC 9-25-6-10 Driving while intoxicated; deferral of prosecution for
rehabilitation or participation by child in alcohol and drug services
program; abstract of program enrollment
Sec. 10. (a) If:
(1) a criminal proceeding for driving while intoxicated under
IC 9-30-5 is deferred under IC 12-23-5-1 through IC 12-23-5-9;
or
(2) a child alleged to be a delinquent child based upon the
child's violation of IC 9-30-5 voluntarily attends or is ordered
by the court under IC 31-37 (or IC 31-6-4 before its repeal) to
attend an alcohol and drug services program;
the court, within ten (10) days after the defendant or child begins the
program, shall forward to the bureau a certified abstract of program
enrollment.
(b) The abstract must state the following:
(1) The defendant's or child's name, address, date of birth, and
driver's license number.
(2) The name and location of the alcohol and drug services
program that the defendant or child is attending. As added by P.L.2-1991, SEC.13. Amended by P.L.2-1992, SEC.89;
P.L.1-1997, SEC.42.
IC 9-25-6-11 Acceptance of certificate of insurance after license revoked because
of conviction
Sec. 11. If a license is revoked because of a conviction, the bureau
may not accept a certificate of insurance unless the certificate covers
each motor vehicle registered in the name of the person furnishing
proof as the owner. An additional certificate is required before the
subsequent registration of a motor vehicle in the name of the person
giving proof as the owner. As added by P.L.2-1991, SEC.13.
IC 9-25-6-12 Certificate of insurance indicating insured not covered when
operating vehicle not owned by insured; restriction on license;
removal of restriction
Sec. 12. (a) Whenever a certificate is filed showing that a policy
has been issued covering all motor vehicles owned by an insured but
not insuring the person when operating a motor vehicle not owned by
the person, it is unlawful for the person to operate a motor vehicle
not owned by the person or not covered by the certificate. The bureau
shall designate the restriction under this subsection upon the
operator's or chauffeur's license of the person.
(b) If a person who owns a motor vehicle desires to be relieved of
the restriction under subsection (a) and be permitted to drive another
motor vehicle, the person who owns the motor vehicle may have the
restriction removed upon filing a certificate showing that an
operator's policy of liability insurance has been issued to the person. As added by P.L.2-1991, SEC.13.
IC 9-25-6-13 Nonresidents; ownership or operation of vehicles; compliance with
article
Sec. 13. A:
(1) nonresident may not operate a motor vehicle in Indiana; and
(2) motor vehicle owned by the nonresident may not be
operated in Indiana;
until the nonresident or the owner of the motor vehicle has complied
with the requirements of this article with respect to proof of financial
responsibility covering the motor vehicle. As added by P.L.2-1991, SEC.13.
IC 9-25-6-14 Renewal of license or registration
Sec. 14. (a) The bureau shall reinstate the current driving license
or vehicle registration, or both:
(1) subject to section 15 of this chapter, after ninety (90) days
of suspension:
(A) except as provided in sections 19, 20, and 21(b) of this
chapter, if the person has furnished the bureau with a
certificate of compliance showing that financial
responsibility is in effect with respect to the vehicle; or
(B) if the person is no longer an owner of the vehicle or the
registration of the vehicle has been canceled or has expired;
(2) if the person is subject to section 21(b) of this chapter and
to IC 9-29-10-1, after thirty (30) days of suspension;
(3) subject to section 15 of this chapter, when the person
furnishes the bureau with a certificate of compliance showing
that financial responsibility is in effect with respect to the
vehicle if:
(A) subdivision (1)(B) does not apply; and
(B) the person fails to furnish the bureau with a certificate of
compliance as described in subdivision (1)(A) within ninety
(90) days after the current driving license of the person is
suspended; or
(4) if financial responsibility was in effect with respect to a
vehicle on the date of the accident but the person does not
provide the bureau with a certificate of compliance indicating
this fact until after the person's current driving license is
suspended under this chapter, the person's current driving
license shall be reinstated when the person provides the
certificate of compliance to the bureau and complies with
section 15 of this chapter.
(b) Upon receipt of a certificate of compliance under this section,
the bureau shall expunge from the bureau's data base the
administrative suspension caused by the failure to notify the bureau
that the person had financial responsibility in effect on the date of the
violation. As added by P.L.2-1991, SEC.13. Amended by P.L.105-1991, SEC.3;
P.L.1-1992, SEC.57; P.L.94-1997, SEC.4; P.L.117-2001, SEC.2;
P.L.210-2005, SEC.49. IC 9-25-6-15 License reinstatement fee; exception
Sec. 15. (a) Except as provided in subsection (b), a person:
(1) whose current driving license is suspended under this
chapter; and
(2) who seeks the reinstatement of the driving license;
must pay a reinstatement fee to the bureau as provided in
IC 9-29-10-1.
(b) A person whose driver's license is suspended under section 19
or 20 of this chapter is not required to pay a reinstatement fee to have
the person's driving license reinstated. As added by P.L.2-1991, SEC.13. Amended by P.L.80-2010, SEC.13.
IC 9-25-6-16 Review of driving license suspension
Sec. 16. A person whose current driving license is suspended
under this chapter may seek a review of the suspension under
IC 4-21.5-3-7. As added by P.L.2-1991, SEC.13.
IC 9-25-6-17 Proof of future financial responsibility given on behalf of
employees or family members
Sec. 17. If the bureau determines that a person who is required to
give proof of financial responsibility in the future under this article
because of a conviction, non-satisfaction of a judgment, or for any
other reason is or becomes:
(1) a chauffeur or motor vehicle operator, however designated,
in the employ of a person who owns a motor vehicle; or
(2) a member of the immediate family or household of a person
who owns a motor vehicle; and
the period for which the person's suspension or revocation has
elapsed, the bureau may accept proof of future financial
responsibility given by the person who owns the motor vehicle
instead of requiring proof from the person under a suspension or
revocation if it appears that the proof offered will be sufficient to
cover any number of persons coming within this classification. The
bureau may designate the restrictions imposed by this section on the
face of the operator's or chauffeur's license of the person who has
been under suspension or revocation. As added by P.L.2-1991, SEC.13.
IC 9-25-6-18 Forging or signing without authority; certificate serving as proof
of financial responsibility; filing or offering for filing; classification
of violation
Sec. 18. A person who:
(1) forges or without authority signs any certificate to serve as
proof of financial responsibility as required by the bureau; or
(2) knowingly files or offers for filing a certificate described in
subdivision (1);
commits a Class B misdemeanor. As added by P.L.2-1991, SEC.13.
IC 9-25-6-19 Suspension of driving privileges under IC 31-14-12-4 or
IC 31-16-12-7; notice; reinstatement
Sec. 19. (a) The bureau shall, upon receiving an order of a court
issued under IC 31-14-12-4 or IC 31-16-12-7 (or IC 31-1-11.5-13(j)
or IC 31-6-6.1-16(j) before their repeal), suspend the driving license
or permit of the person who is the subject of the order.
(b) The bureau may not reinstate a driving license or permit
suspended under this section until the bureau receives an order
allowing reinstatement from the court that issued the order for
suspension.
(c) Upon receiving an order for suspension under subsection (a),
the bureau shall promptly mail a notice to the last known address of
the person who is the subject of the order, stating the following:
(1) That the person's driving privileges are suspended,
beginning five (5) business days after the date the notice is
mailed, and that the suspension will terminate ten (10) business
days after the bureau receives an order allowing reinstatement
from the court that issued the suspension order.
(2) That the person has the right to petition for reinstatement of
driving privileges to the court that issued the order for
suspension.
(3) That the person may be granted a restricted driving permit
under IC 9-24-15-6.7 if the person can prove that public
transportation is unavailable for travel by the person:
(A) to and from the person's regular place of employment;
(B) in the course of the person's regular employment;
(C) to and from the person's place of worship; or
(D) to participate in parenting time with the petitioner's
children consistent with a court order granting parenting
time.
(d) Unless a person whose driving license or permit is suspended
under this section has been issued a restricted driving permit under
IC 9-24-15 as a result of a suspension under this section, a person
who operates a motor vehicle in violation of the section commits a
Class A infraction. As added by P.L.133-1995, SEC.5. Amended by P.L.1-1997, SEC.43;
P.L.68-2005, SEC.2.
IC 9-25-6-19.2 False evidence of financial responsibility
Sec. 19.2. The bureau may suspend the registration of a vehicle
owned by a registrant who provides the bureau with false evidence
of financial responsibility under this article. As added by P.L.125-1995, SEC.10. IC 9-25-6-20 Notice of suspension of driving privileges for delinquent child
support; reinstatement
Sec. 20. (a) If the bureau is advised by the Title IV-D agency that
the obligor (as defined in IC 31-25-4-4) either requested a hearing
under IC 31-25-4-33 and failed to appear or appeared and was found
to be delinquent, the bureau shall promptly mail a notice to the
obligor stating the following:
(1) That the obligor's driving privileges are suspended,
beginning twenty (20) business days after the date the notice is
mailed, and that the suspension will terminate after the bureau
receives a notice from the Title IV-D agency that the obligor
has:
(A) paid the obligor's child support arrearage in full; or
(B) established a payment plan with the Title IV-D agency
to pay the arrearage, which includes an income withholding
order under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That the obligor may be granted a restricted driving permit
under IC 9-24-15-6.7 if the obligor can prove that public
transportation is unavailable for travel by the obligor:
(A) to and from the obligor's regular place of employment;
(B) in the course of the obligor's regular employment;
(C) to and from the obligor's place of worship; or
(D) to participate in parenting time with the petitioner's
children consistent with a court order granting parenting
time.
(b) The bureau may not reinstate a driving license or permit
suspended under this section until the bureau receives a notice from
the Title IV-D agency that the obligor has:
(1) paid the obligor's child support arrearage in full; or
(2) established a payment plan with the Title IV-D agency to
pay the arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(c) Unless an obligor whose driving license or permit is suspended
under this section has been issued a restricted driving permit under
IC 9-24-15 as a result of a suspension under this section, an obligor
who operates a motor vehicle in violation of the section commits a
Class A infraction. As added by P.L.133-1995, SEC.6. Amended by P.L.1-1997, SEC.44;
P.L.86-2002, SEC.1; P.L.68-2005, SEC.3; P.L.145-2006, SEC.25;
P.L.103-2007, SEC.5.
IC 9-25-6-21 Suspension of driving privileges after fuel theft conviction
Sec. 21. (a) Upon receiving an order issued by a court under
IC 35-43-4-8(b) concerning a person convicted of fuel theft, the
bureau shall do the following:
(1) Suspend under subsection (b) the driving privileges of the
person who is the subject of the order, whether or not the
person's current driving license accompanies the order.
(2) Mail to the last known address of the person who is the
subject of the order a notice:
(A) stating that the person's driving license is being
suspended for fuel theft;
(B) setting forth the date on which the suspension takes
effect and the date on which the suspension terminates; and
(C) stating that the person may be granted a restricted
driving permit under IC 9-24-15-6.7 if the person meets the
conditions for obtaining a restricted driving permit.
(b) The suspension of the driving privileges of a person who is the
subject of an order issued under IC 35-43-4-8(b):
(1) begins five (5) business days after the date on which the
bureau mails the notice to the person under subsection (a)(2);
and
(2) terminates thirty (30) days after the suspension begins.
(c) A person who operates a motor vehicle during a suspension of
the person's driving privileges under this section commits a Class A
infraction unless the person's operation of the motor vehicle is
authorized by a restricted driving permit issued to the person under
IC 9-24-15-6.7. As added by P.L.117-2001, SEC.3.
IC 9-25-6
Chapter 6. Suspension of Driving Privileges and Vehicle
Registrations
IC 9-25-6-1 Certificate of compliance received from person identified in
accident report
Sec. 1. (a) If:
(1) the bureau receives a certificate of compliance from a
person identified under IC 9-25-5-2 within forty (40) days after
the date on which the bureau mailed the request for evidence of
financial responsibility to the person; and
(2) the certificate of compliance indicates that financial
responsibility was in effect with respect to the vehicle at the
time of the accident described in the accident report;
the bureau may not suspend the person's current driving license.
(b) If:
(1) the bureau receives a certificate of compliance from a
person presented with a request for evidence of financial
responsibility under IC 9-25-9-1 within forty (40) days after the
date on which the person was presented with the request; and
(2) the certificate of compliance indicates that financial
responsibility was in effect with respect to the motor vehicle
that the person was operating when the person committed the
violation described in the judgment or abstract received by the
bureau under IC 9-25-9-1;
the bureau may not suspend the person's current driving license. As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.5.
IC 9-25-6-2 Certificate of compliance received from person identified in
accident report; false statements
Sec. 2. (a) If the bureau finds that a statement as to the existence
of financial responsibility in a certificate of compliance received
from:
(1) a person identified under IC 9-25-5-2; or
(2) a person presented with a request for evidence of financial
responsibility under IC 9-25-9-1;
is materially false, the bureau shall take action under subsection (b).
(b) Upon finding that the statement referred to in subsection (a)
is false, the bureau shall do the following:
(1) Immediately suspend the person's current driving license or
vehicle registration, or both.
(2) Demand that the person immediately surrender the person's
current driving license or vehicle registration, or both, to the
bureau. As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.6.
IC 9-25-6-3 Certificate of compliance not received from person identified in
accident report; receipt of certificate not indicating financial
responsibility in effect; suspension of license; exceptions
Sec. 3. (a) If the bureau:
(1) does not receive a certificate of compliance from a person
identified under IC 9-25-5-2 within forty (40) days after the
date on which the bureau mailed the request for evidence of
financial responsibility to the person; or
(2) receives a certificate that does not indicate that financial
responsibility was in effect with respect to the motor vehicle
operated by the person on the date of the accident referred to in
IC 9-25-5-2;
the bureau shall take action under subsection (c).
(b) If the bureau:
(1) does not receive a certificate of compliance from a person
presented with a request for evidence of financial responsibility
under IC 9-25-9-1 within forty (40) days after the date on which
the person was presented with the request; or
(2) receives a certificate that does not indicate that financial
responsibility was in effect with respect to the motor vehicle
that the person was operating when the person committed the
violation described in the judgment or abstract received by the
bureau under IC 9-25-9-1;
the bureau shall take action under subsection (c).
(c) Under the conditions set forth in subsection (a) or (b), the
bureau shall do the following:
(1) Immediately suspend the person's current driving license or
vehicle registration, or both.
(2) Demand that the person immediately surrender the person's
current driving license or vehicle registration, or both, to the
bureau.
(d) Except as provided in subsection (e), if subsection (a) or (b)
applies to a person, the bureau shall suspend the current driving
license of the person irrespective of the following:
(1) The sale or other disposition of the motor vehicle by the
owner.
(2) The cancellation or expiration of the registration of the
motor vehicle.
(3) An assertion by the person that the person did not own the
motor vehicle and therefore had no control over whether
financial responsibility was in effect with respect to the motor
vehicle.
(e) The bureau shall not suspend the current driving license of a
person to which subsection (a) or subsection (b) applies if the person,
through a certificate of compliance or another communication with
the bureau, establishes to the satisfaction of the bureau that the motor
vehicle that the person was operating when the accident referred to
in subsection (a) took place or when the violation referred to in
subsection (b) was committed was:
(1) rented from a rental company; or
(2) owned by the person's employer and operated by the person
in the normal course of the person's employment. As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.7;
P.L.268-2003, SEC.31.
IC 9-25-6-3.5 Multiple violation; suspension of license or registration
Sec. 3.5. If a person violates:
(1) IC 9-25-4;
(2) IC 9-25-5; or
(3) section 2 or 3 of this chapter;
more than one (1) time within a three (3) year period, the person's
driving license or vehicle registration may be suspended for not more
than one (1) year. As added by P.L.105-1991, SEC.2.
IC 9-25-6-4 Failure to satisfy judgment; suspension of license; application of
section
Sec. 4. (a) This section does not apply to judgments entered at
least seven (7) years after the date of the accident.
(b) "Judgment", as used in this section, means a judgment in
excess of two hundred dollars ($200) for bodily injury, death, or
property damages arising out of the use of a motor vehicle upon a
public highway.
(c) The bureau shall suspend for a period of not more than seven
(7) years from the date of written notification the current driving
license issued to a person upon receiving a verified report that the
person has failed for a period of up to ninety (90) days to satisfy a
judgment. As added by P.L.2-1991, SEC.13.
IC 9-25-6-5 Conditions for satisfaction of judgment
Sec. 5. (a) A judgment referred to in this chapter is considered
satisfied only when the following conditions are fulfilled as
appropriate:
(1) Subject to the limit in subdivision (2), twenty-five thousand
dollars ($25,000) has been credited upon a judgment rendered
in excess of that amount because of bodily injury to or death of
one (1) person as the result of one (1) accident.
(2) Fifty thousand dollars ($50,000) has been credited upon a
judgment rendered in excess of that amount because of bodily
injury to or death of two (2) or more persons as the result of any
one (1) accident.
(3) Ten thousand dollars ($10,000) has been credited upon a
judgment or judgments rendered in excess of that amount
because of injury to or destruction of property of others as a
result of any one (1) accident.
(4) The judgment is satisfied by payment accepted by the
judgment creditor in full satisfaction of all claims arising from
bodily injury, death, or property damage arising from the motor
vehicle accident involved in the judgment.
(b) A payment made in settlement of a claim because of bodily
injury, death, or property damage arising from a motor vehicle
accident shall be credited in reduction of the amounts provided for
in this section. As added by P.L.2-1991, SEC.13.
IC 9-25-6-6 Payment of judgment in installments; failure to pay installment;
allowing license and registration to judgment debtor on consent of
judgment creditor
Sec. 6. (a) The bureau may not suspend a license and shall
reinstate a license suspended following nonpayment of a judgment
whenever a judgment debtor does the following:
(1) Gives proof of the judgment debtor's financial responsibility
in the future.
(2) Obtains an order from the trial court in which the judgment
was rendered permitting the payment of the judgment in
installments, unless the payment of an installment is in default.
(b) A judgment debtor, upon five (5) days notice to the judgment
creditor, may apply to the trial court in which the judgment was
obtained for the privilege of paying the judgment in installments. The
court, in the court's discretion and without prejudice to other legal
remedies the judgment creditor may have, may order the payment of
the judgment in installments, fixing the amounts and times of
payment of the installments.
(c) Except as provided in subsection (d), if the judgment debtor
fails to pay an installment as permitted by the order of the court,
upon notice of the default the bureau shall suspend the license of the
judgment debtor. The bureau may not take action for failure to make
installment payments for judgments entered at least seven (7) years
after the date of the accident. A suspended license may not be
reinstated until evidence of proof of financial responsibility is
presented.
(d) Notwithstanding a default by the judgment debtor in the
payment of a judgment or the payment of an installment under
subsection (b), whenever the judgment creditor consents in writing,
in the form the bureau prescribes, that the judgment debtor be
allowed license and registration, the license and registration may be
allowed by the bureau at the bureau's discretion. The license and
registration may be allowed for six (6) months from the date of a
consent under this subsection and may be renewed until the consent
is revoked in writing if the judgment debtor furnishes proof under
this article of the judgment debtor's financial responsibility in the
future. As added by P.L.2-1991, SEC.13.
IC 9-25-6-7 Duration of suspension for failure to satisfy judgment; discharge
in bankruptcy
Sec. 7. (a) Except as provided in sections 5 and 6 of this chapter,
a suspension required in sections 4 and 6 of this chapter remains in
effect and no other motor vehicle may be registered in the name of
the judgment debtor or a new license issued to the judgment debtor,
until the following occur:
(1) The judgment is satisfied or stayed.
(2) The judgment debtor gives proof of financial responsibility
in the future as provided in this article.
(b) A discharge in bankruptcy following the rendering of a
judgment does not relieve the judgment debtor from the requirements
of this chapter. As added by P.L.2-1991, SEC.13.
IC 9-25-6-8 Motor vehicle convictions; court recommendations as to license
suspensions; form of abstract of record of conviction
Sec. 8. (a) A court shall forward to the bureau a certified abstract
of the record of the conviction of a person in the court for a violation
of a law relating to motor vehicles.
(b) If in the opinion of the court a defendant should be deprived
of the privilege to operate a motor vehicle upon a public highway,
the court shall recommend the suspension of the convicted person's
current driving license for a fixed period established by the court not
exceeding one (1) year.
(c) The bureau shall comply with the court's recommendation.
(d) At the time of a conviction referred to in subsection (a) or
IC 9-30-5-7, the court may obtain the defendant's current driving
license and return the license to the department.
(e) An abstract provided for by this section must be in the form
prescribed by the bureau and, when certified, shall be accepted by an
administrative agency or a court as prima facie evidence of the
conviction and all other action stated in the abstract. As added by P.L.2-1991, SEC.13.
IC 9-25-6-9 Certified abstract of record of judgment for damages
Sec. 9. The clerk of a court, or the judge of a court that has no
clerk, shall forward to the bureau a certified abstract of the record of
a judgment for damages if the rendering and nonpayment of the
judgment requires the bureau to suspend or revoke the current
driving license in the name of the judgment debtor under this article.
The abstract shall be forwarded to the bureau immediately upon the
expiration of thirty (30) days after the judgment becomes final and
has not been stayed or satisfied, as shown by the records of the court. As added by P.L.2-1991, SEC.13.
IC 9-25-6-10 Driving while intoxicated; deferral of prosecution for
rehabilitation or participation by child in alcohol and drug services
program; abstract of program enrollment
Sec. 10. (a) If:
(1) a criminal proceeding for driving while intoxicated under
IC 9-30-5 is deferred under IC 12-23-5-1 through IC 12-23-5-9;
or
(2) a child alleged to be a delinquent child based upon the
child's violation of IC 9-30-5 voluntarily attends or is ordered
by the court under IC 31-37 (or IC 31-6-4 before its repeal) to
attend an alcohol and drug services program;
the court, within ten (10) days after the defendant or child begins the
program, shall forward to the bureau a certified abstract of program
enrollment.
(b) The abstract must state the following:
(1) The defendant's or child's name, address, date of birth, and
driver's license number.
(2) The name and location of the alcohol and drug services
program that the defendant or child is attending. As added by P.L.2-1991, SEC.13. Amended by P.L.2-1992, SEC.89;
P.L.1-1997, SEC.42.
IC 9-25-6-11 Acceptance of certificate of insurance after license revoked because
of conviction
Sec. 11. If a license is revoked because of a conviction, the bureau
may not accept a certificate of insurance unless the certificate covers
each motor vehicle registered in the name of the person furnishing
proof as the owner. An additional certificate is required before the
subsequent registration of a motor vehicle in the name of the person
giving proof as the owner. As added by P.L.2-1991, SEC.13.
IC 9-25-6-12 Certificate of insurance indicating insured not covered when
operating vehicle not owned by insured; restriction on license;
removal of restriction
Sec. 12. (a) Whenever a certificate is filed showing that a policy
has been issued covering all motor vehicles owned by an insured but
not insuring the person when operating a motor vehicle not owned by
the person, it is unlawful for the person to operate a motor vehicle
not owned by the person or not covered by the certificate. The bureau
shall designate the restriction under this subsection upon the
operator's or chauffeur's license of the person.
(b) If a person who owns a motor vehicle desires to be relieved of
the restriction under subsection (a) and be permitted to drive another
motor vehicle, the person who owns the motor vehicle may have the
restriction removed upon filing a certificate showing that an
operator's policy of liability insurance has been issued to the person. As added by P.L.2-1991, SEC.13.
IC 9-25-6-13 Nonresidents; ownership or operation of vehicles; compliance with
article
Sec. 13. A:
(1) nonresident may not operate a motor vehicle in Indiana; and
(2) motor vehicle owned by the nonresident may not be
operated in Indiana;
until the nonresident or the owner of the motor vehicle has complied
with the requirements of this article with respect to proof of financial
responsibility covering the motor vehicle. As added by P.L.2-1991, SEC.13.
IC 9-25-6-14 Renewal of license or registration
Sec. 14. (a) The bureau shall reinstate the current driving license
or vehicle registration, or both:
(1) subject to section 15 of this chapter, after ninety (90) days
of suspension:
(A) except as provided in sections 19, 20, and 21(b) of this
chapter, if the person has furnished the bureau with a
certificate of compliance showing that financial
responsibility is in effect with respect to the vehicle; or
(B) if the person is no longer an owner of the vehicle or the
registration of the vehicle has been canceled or has expired;
(2) if the person is subject to section 21(b) of this chapter and
to IC 9-29-10-1, after thirty (30) days of suspension;
(3) subject to section 15 of this chapter, when the person
furnishes the bureau with a certificate of compliance showing
that financial responsibility is in effect with respect to the
vehicle if:
(A) subdivision (1)(B) does not apply; and
(B) the person fails to furnish the bureau with a certificate of
compliance as described in subdivision (1)(A) within ninety
(90) days after the current driving license of the person is
suspended; or
(4) if financial responsibility was in effect with respect to a
vehicle on the date of the accident but the person does not
provide the bureau with a certificate of compliance indicating
this fact until after the person's current driving license is
suspended under this chapter, the person's current driving
license shall be reinstated when the person provides the
certificate of compliance to the bureau and complies with
section 15 of this chapter.
(b) Upon receipt of a certificate of compliance under this section,
the bureau shall expunge from the bureau's data base the
administrative suspension caused by the failure to notify the bureau
that the person had financial responsibility in effect on the date of the
violation. As added by P.L.2-1991, SEC.13. Amended by P.L.105-1991, SEC.3;
P.L.1-1992, SEC.57; P.L.94-1997, SEC.4; P.L.117-2001, SEC.2;
P.L.210-2005, SEC.49. IC 9-25-6-15 License reinstatement fee; exception
Sec. 15. (a) Except as provided in subsection (b), a person:
(1) whose current driving license is suspended under this
chapter; and
(2) who seeks the reinstatement of the driving license;
must pay a reinstatement fee to the bureau as provided in
IC 9-29-10-1.
(b) A person whose driver's license is suspended under section 19
or 20 of this chapter is not required to pay a reinstatement fee to have
the person's driving license reinstated. As added by P.L.2-1991, SEC.13. Amended by P.L.80-2010, SEC.13.
IC 9-25-6-16 Review of driving license suspension
Sec. 16. A person whose current driving license is suspended
under this chapter may seek a review of the suspension under
IC 4-21.5-3-7. As added by P.L.2-1991, SEC.13.
IC 9-25-6-17 Proof of future financial responsibility given on behalf of
employees or family members
Sec. 17. If the bureau determines that a person who is required to
give proof of financial responsibility in the future under this article
because of a conviction, non-satisfaction of a judgment, or for any
other reason is or becomes:
(1) a chauffeur or motor vehicle operator, however designated,
in the employ of a person who owns a motor vehicle; or
(2) a member of the immediate family or household of a person
who owns a motor vehicle; and
the period for which the person's suspension or revocation has
elapsed, the bureau may accept proof of future financial
responsibility given by the person who owns the motor vehicle
instead of requiring proof from the person under a suspension or
revocation if it appears that the proof offered will be sufficient to
cover any number of persons coming within this classification. The
bureau may designate the restrictions imposed by this section on the
face of the operator's or chauffeur's license of the person who has
been under suspension or revocation. As added by P.L.2-1991, SEC.13.
IC 9-25-6-18 Forging or signing without authority; certificate serving as proof
of financial responsibility; filing or offering for filing; classification
of violation
Sec. 18. A person who:
(1) forges or without authority signs any certificate to serve as
proof of financial responsibility as required by the bureau; or
(2) knowingly files or offers for filing a certificate described in
subdivision (1);
commits a Class B misdemeanor. As added by P.L.2-1991, SEC.13.
IC 9-25-6-19 Suspension of driving privileges under IC 31-14-12-4 or
IC 31-16-12-7; notice; reinstatement
Sec. 19. (a) The bureau shall, upon receiving an order of a court
issued under IC 31-14-12-4 or IC 31-16-12-7 (or IC 31-1-11.5-13(j)
or IC 31-6-6.1-16(j) before their repeal), suspend the driving license
or permit of the person who is the subject of the order.
(b) The bureau may not reinstate a driving license or permit
suspended under this section until the bureau receives an order
allowing reinstatement from the court that issued the order for
suspension.
(c) Upon receiving an order for suspension under subsection (a),
the bureau shall promptly mail a notice to the last known address of
the person who is the subject of the order, stating the following:
(1) That the person's driving privileges are suspended,
beginning five (5) business days after the date the notice is
mailed, and that the suspension will terminate ten (10) business
days after the bureau receives an order allowing reinstatement
from the court that issued the suspension order.
(2) That the person has the right to petition for reinstatement of
driving privileges to the court that issued the order for
suspension.
(3) That the person may be granted a restricted driving permit
under IC 9-24-15-6.7 if the person can prove that public
transportation is unavailable for travel by the person:
(A) to and from the person's regular place of employment;
(B) in the course of the person's regular employment;
(C) to and from the person's place of worship; or
(D) to participate in parenting time with the petitioner's
children consistent with a court order granting parenting
time.
(d) Unless a person whose driving license or permit is suspended
under this section has been issued a restricted driving permit under
IC 9-24-15 as a result of a suspension under this section, a person
who operates a motor vehicle in violation of the section commits a
Class A infraction. As added by P.L.133-1995, SEC.5. Amended by P.L.1-1997, SEC.43;
P.L.68-2005, SEC.2.
IC 9-25-6-19.2 False evidence of financial responsibility
Sec. 19.2. The bureau may suspend the registration of a vehicle
owned by a registrant who provides the bureau with false evidence
of financial responsibility under this article. As added by P.L.125-1995, SEC.10. IC 9-25-6-20 Notice of suspension of driving privileges for delinquent child
support; reinstatement
Sec. 20. (a) If the bureau is advised by the Title IV-D agency that
the obligor (as defined in IC 31-25-4-4) either requested a hearing
under IC 31-25-4-33 and failed to appear or appeared and was found
to be delinquent, the bureau shall promptly mail a notice to the
obligor stating the following:
(1) That the obligor's driving privileges are suspended,
beginning twenty (20) business days after the date the notice is
mailed, and that the suspension will terminate after the bureau
receives a notice from the Title IV-D agency that the obligor
has:
(A) paid the obligor's child support arrearage in full; or
(B) established a payment plan with the Title IV-D agency
to pay the arrearage, which includes an income withholding
order under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That the obligor may be granted a restricted driving permit
under IC 9-24-15-6.7 if the obligor can prove that public
transportation is unavailable for travel by the obligor:
(A) to and from the obligor's regular place of employment;
(B) in the course of the obligor's regular employment;
(C) to and from the obligor's place of worship; or
(D) to participate in parenting time with the petitioner's
children consistent with a court order granting parenting
time.
(b) The bureau may not reinstate a driving license or permit
suspended under this section until the bureau receives a notice from
the Title IV-D agency that the obligor has:
(1) paid the obligor's child support arrearage in full; or
(2) established a payment plan with the Title IV-D agency to
pay the arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(c) Unless an obligor whose driving license or permit is suspended
under this section has been issued a restricted driving permit under
IC 9-24-15 as a result of a suspension under this section, an obligor
who operates a motor vehicle in violation of the section commits a
Class A infraction. As added by P.L.133-1995, SEC.6. Amended by P.L.1-1997, SEC.44;
P.L.86-2002, SEC.1; P.L.68-2005, SEC.3; P.L.145-2006, SEC.25;
P.L.103-2007, SEC.5.
IC 9-25-6-21 Suspension of driving privileges after fuel theft conviction
Sec. 21. (a) Upon receiving an order issued by a court under
IC 35-43-4-8(b) concerning a person convicted of fuel theft, the
bureau shall do the following:
(1) Suspend under subsection (b) the driving privileges of the
person who is the subject of the order, whether or not the
person's current driving license accompanies the order.
(2) Mail to the last known address of the person who is the
subject of the order a notice:
(A) stating that the person's driving license is being
suspended for fuel theft;
(B) setting forth the date on which the suspension takes
effect and the date on which the suspension terminates; and
(C) stating that the person may be granted a restricted
driving permit under IC 9-24-15-6.7 if the person meets the
conditions for obtaining a restricted driving permit.
(b) The suspension of the driving privileges of a person who is the
subject of an order issued under IC 35-43-4-8(b):
(1) begins five (5) business days after the date on which the
bureau mails the notice to the person under subsection (a)(2);
and
(2) terminates thirty (30) days after the suspension begins.
(c) A person who operates a motor vehicle during a suspension of
the person's driving privileges under this section commits a Class A
infraction unless the person's operation of the motor vehicle is
authorized by a restricted driving permit issued to the person under
IC 9-24-15-6.7. As added by P.L.117-2001, SEC.3.
IC 9-25-6
Chapter 6. Suspension of Driving Privileges and Vehicle
Registrations
IC 9-25-6-1 Certificate of compliance received from person identified in
accident report
Sec. 1. (a) If:
(1) the bureau receives a certificate of compliance from a
person identified under IC 9-25-5-2 within forty (40) days after
the date on which the bureau mailed the request for evidence of
financial responsibility to the person; and
(2) the certificate of compliance indicates that financial
responsibility was in effect with respect to the vehicle at the
time of the accident described in the accident report;
the bureau may not suspend the person's current driving license.
(b) If:
(1) the bureau receives a certificate of compliance from a
person presented with a request for evidence of financial
responsibility under IC 9-25-9-1 within forty (40) days after the
date on which the person was presented with the request; and
(2) the certificate of compliance indicates that financial
responsibility was in effect with respect to the motor vehicle
that the person was operating when the person committed the
violation described in the judgment or abstract received by the
bureau under IC 9-25-9-1;
the bureau may not suspend the person's current driving license. As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.5.
IC 9-25-6-2 Certificate of compliance received from person identified in
accident report; false statements
Sec. 2. (a) If the bureau finds that a statement as to the existence
of financial responsibility in a certificate of compliance received
from:
(1) a person identified under IC 9-25-5-2; or
(2) a person presented with a request for evidence of financial
responsibility under IC 9-25-9-1;
is materially false, the bureau shall take action under subsection (b).
(b) Upon finding that the statement referred to in subsection (a)
is false, the bureau shall do the following:
(1) Immediately suspend the person's current driving license or
vehicle registration, or both.
(2) Demand that the person immediately surrender the person's
current driving license or vehicle registration, or both, to the
bureau. As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.6.
IC 9-25-6-3 Certificate of compliance not received from person identified in
accident report; receipt of certificate not indicating financial
responsibility in effect; suspension of license; exceptions
Sec. 3. (a) If the bureau:
(1) does not receive a certificate of compliance from a person
identified under IC 9-25-5-2 within forty (40) days after the
date on which the bureau mailed the request for evidence of
financial responsibility to the person; or
(2) receives a certificate that does not indicate that financial
responsibility was in effect with respect to the motor vehicle
operated by the person on the date of the accident referred to in
IC 9-25-5-2;
the bureau shall take action under subsection (c).
(b) If the bureau:
(1) does not receive a certificate of compliance from a person
presented with a request for evidence of financial responsibility
under IC 9-25-9-1 within forty (40) days after the date on which
the person was presented with the request; or
(2) receives a certificate that does not indicate that financial
responsibility was in effect with respect to the motor vehicle
that the person was operating when the person committed the
violation described in the judgment or abstract received by the
bureau under IC 9-25-9-1;
the bureau shall take action under subsection (c).
(c) Under the conditions set forth in subsection (a) or (b), the
bureau shall do the following:
(1) Immediately suspend the person's current driving license or
vehicle registration, or both.
(2) Demand that the person immediately surrender the person's
current driving license or vehicle registration, or both, to the
bureau.
(d) Except as provided in subsection (e), if subsection (a) or (b)
applies to a person, the bureau shall suspend the current driving
license of the person irrespective of the following:
(1) The sale or other disposition of the motor vehicle by the
owner.
(2) The cancellation or expiration of the registration of the
motor vehicle.
(3) An assertion by the person that the person did not own the
motor vehicle and therefore had no control over whether
financial responsibility was in effect with respect to the motor
vehicle.
(e) The bureau shall not suspend the current driving license of a
person to which subsection (a) or subsection (b) applies if the person,
through a certificate of compliance or another communication with
the bureau, establishes to the satisfaction of the bureau that the motor
vehicle that the person was operating when the accident referred to
in subsection (a) took place or when the violation referred to in
subsection (b) was committed was:
(1) rented from a rental company; or
(2) owned by the person's employer and operated by the person
in the normal course of the person's employment. As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.7;
P.L.268-2003, SEC.31.
IC 9-25-6-3.5 Multiple violation; suspension of license or registration
Sec. 3.5. If a person violates:
(1) IC 9-25-4;
(2) IC 9-25-5; or
(3) section 2 or 3 of this chapter;
more than one (1) time within a three (3) year period, the person's
driving license or vehicle registration may be suspended for not more
than one (1) year. As added by P.L.105-1991, SEC.2.
IC 9-25-6-4 Failure to satisfy judgment; suspension of license; application of
section
Sec. 4. (a) This section does not apply to judgments entered at
least seven (7) years after the date of the accident.
(b) "Judgment", as used in this section, means a judgment in
excess of two hundred dollars ($200) for bodily injury, death, or
property damages arising out of the use of a motor vehicle upon a
public highway.
(c) The bureau shall suspend for a period of not more than seven
(7) years from the date of written notification the current driving
license issued to a person upon receiving a verified report that the
person has failed for a period of up to ninety (90) days to satisfy a
judgment. As added by P.L.2-1991, SEC.13.
IC 9-25-6-5 Conditions for satisfaction of judgment
Sec. 5. (a) A judgment referred to in this chapter is considered
satisfied only when the following conditions are fulfilled as
appropriate:
(1) Subject to the limit in subdivision (2), twenty-five thousand
dollars ($25,000) has been credited upon a judgment rendered
in excess of that amount because of bodily injury to or death of
one (1) person as the result of one (1) accident.
(2) Fifty thousand dollars ($50,000) has been credited upon a
judgment rendered in excess of that amount because of bodily
injury to or death of two (2) or more persons as the result of any
one (1) accident.
(3) Ten thousand dollars ($10,000) has been credited upon a
judgment or judgments rendered in excess of that amount
because of injury to or destruction of property of others as a
result of any one (1) accident.
(4) The judgment is satisfied by payment accepted by the
judgment creditor in full satisfaction of all claims arising from
bodily injury, death, or property damage arising from the motor
vehicle accident involved in the judgment.
(b) A payment made in settlement of a claim because of bodily
injury, death, or property damage arising from a motor vehicle
accident shall be credited in reduction of the amounts provided for
in this section. As added by P.L.2-1991, SEC.13.
IC 9-25-6-6 Payment of judgment in installments; failure to pay installment;
allowing license and registration to judgment debtor on consent of
judgment creditor
Sec. 6. (a) The bureau may not suspend a license and shall
reinstate a license suspended following nonpayment of a judgment
whenever a judgment debtor does the following:
(1) Gives proof of the judgment debtor's financial responsibility
in the future.
(2) Obtains an order from the trial court in which the judgment
was rendered permitting the payment of the judgment in
installments, unless the payment of an installment is in default.
(b) A judgment debtor, upon five (5) days notice to the judgment
creditor, may apply to the trial court in which the judgment was
obtained for the privilege of paying the judgment in installments. The
court, in the court's discretion and without prejudice to other legal
remedies the judgment creditor may have, may order the payment of
the judgment in installments, fixing the amounts and times of
payment of the installments.
(c) Except as provided in subsection (d), if the judgment debtor
fails to pay an installment as permitted by the order of the court,
upon notice of the default the bureau shall suspend the license of the
judgment debtor. The bureau may not take action for failure to make
installment payments for judgments entered at least seven (7) years
after the date of the accident. A suspended license may not be
reinstated until evidence of proof of financial responsibility is
presented.
(d) Notwithstanding a default by the judgment debtor in the
payment of a judgment or the payment of an installment under
subsection (b), whenever the judgment creditor consents in writing,
in the form the bureau prescribes, that the judgment debtor be
allowed license and registration, the license and registration may be
allowed by the bureau at the bureau's discretion. The license and
registration may be allowed for six (6) months from the date of a
consent under this subsection and may be renewed until the consent
is revoked in writing if the judgment debtor furnishes proof under
this article of the judgment debtor's financial responsibility in the
future. As added by P.L.2-1991, SEC.13.
IC 9-25-6-7 Duration of suspension for failure to satisfy judgment; discharge
in bankruptcy
Sec. 7. (a) Except as provided in sections 5 and 6 of this chapter,
a suspension required in sections 4 and 6 of this chapter remains in
effect and no other motor vehicle may be registered in the name of
the judgment debtor or a new license issued to the judgment debtor,
until the following occur:
(1) The judgment is satisfied or stayed.
(2) The judgment debtor gives proof of financial responsibility
in the future as provided in this article.
(b) A discharge in bankruptcy following the rendering of a
judgment does not relieve the judgment debtor from the requirements
of this chapter. As added by P.L.2-1991, SEC.13.
IC 9-25-6-8 Motor vehicle convictions; court recommendations as to license
suspensions; form of abstract of record of conviction
Sec. 8. (a) A court shall forward to the bureau a certified abstract
of the record of the conviction of a person in the court for a violation
of a law relating to motor vehicles.
(b) If in the opinion of the court a defendant should be deprived
of the privilege to operate a motor vehicle upon a public highway,
the court shall recommend the suspension of the convicted person's
current driving license for a fixed period established by the court not
exceeding one (1) year.
(c) The bureau shall comply with the court's recommendation.
(d) At the time of a conviction referred to in subsection (a) or
IC 9-30-5-7, the court may obtain the defendant's current driving
license and return the license to the department.
(e) An abstract provided for by this section must be in the form
prescribed by the bureau and, when certified, shall be accepted by an
administrative agency or a court as prima facie evidence of the
conviction and all other action stated in the abstract. As added by P.L.2-1991, SEC.13.
IC 9-25-6-9 Certified abstract of record of judgment for damages
Sec. 9. The clerk of a court, or the judge of a court that has no
clerk, shall forward to the bureau a certified abstract of the record of
a judgment for damages if the rendering and nonpayment of the
judgment requires the bureau to suspend or revoke the current
driving license in the name of the judgment debtor under this article.
The abstract shall be forwarded to the bureau immediately upon the
expiration of thirty (30) days after the judgment becomes final and
has not been stayed or satisfied, as shown by the records of the court. As added by P.L.2-1991, SEC.13.
IC 9-25-6-10 Driving while intoxicated; deferral of prosecution for
rehabilitation or participation by child in alcohol and drug services
program; abstract of program enrollment
Sec. 10. (a) If:
(1) a criminal proceeding for driving while intoxicated under
IC 9-30-5 is deferred under IC 12-23-5-1 through IC 12-23-5-9;
or
(2) a child alleged to be a delinquent child based upon the
child's violation of IC 9-30-5 voluntarily attends or is ordered
by the court under IC 31-37 (or IC 31-6-4 before its repeal) to
attend an alcohol and drug services program;
the court, within ten (10) days after the defendant or child begins the
program, shall forward to the bureau a certified abstract of program
enrollment.
(b) The abstract must state the following:
(1) The defendant's or child's name, address, date of birth, and
driver's license number.
(2) The name and location of the alcohol and drug services
program that the defendant or child is attending. As added by P.L.2-1991, SEC.13. Amended by P.L.2-1992, SEC.89;
P.L.1-1997, SEC.42.
IC 9-25-6-11 Acceptance of certificate of insurance after license revoked because
of conviction
Sec. 11. If a license is revoked because of a conviction, the bureau
may not accept a certificate of insurance unless the certificate covers
each motor vehicle registered in the name of the person furnishing
proof as the owner. An additional certificate is required before the
subsequent registration of a motor vehicle in the name of the person
giving proof as the owner. As added by P.L.2-1991, SEC.13.
IC 9-25-6-12 Certificate of insurance indicating insured not covered when
operating vehicle not owned by insured; restriction on license;
removal of restriction
Sec. 12. (a) Whenever a certificate is filed showing that a policy
has been issued covering all motor vehicles owned by an insured but
not insuring the person when operating a motor vehicle not owned by
the person, it is unlawful for the person to operate a motor vehicle
not owned by the person or not covered by the certificate. The bureau
shall designate the restriction under this subsection upon the
operator's or chauffeur's license of the person.
(b) If a person who owns a motor vehicle desires to be relieved of
the restriction under subsection (a) and be permitted to drive another
motor vehicle, the person who owns the motor vehicle may have the
restriction removed upon filing a certificate showing that an
operator's policy of liability insurance has been issued to the person. As added by P.L.2-1991, SEC.13.
IC 9-25-6-13 Nonresidents; ownership or operation of vehicles; compliance with
article
Sec. 13. A:
(1) nonresident may not operate a motor vehicle in Indiana; and
(2) motor vehicle owned by the nonresident may not be
operated in Indiana;
until the nonresident or the owner of the motor vehicle has complied
with the requirements of this article with respect to proof of financial
responsibility covering the motor vehicle. As added by P.L.2-1991, SEC.13.
IC 9-25-6-14 Renewal of license or registration
Sec. 14. (a) The bureau shall reinstate the current driving license
or vehicle registration, or both:
(1) subject to section 15 of this chapter, after ninety (90) days
of suspension:
(A) except as provided in sections 19, 20, and 21(b) of this
chapter, if the person has furnished the bureau with a
certificate of compliance showing that financial
responsibility is in effect with respect to the vehicle; or
(B) if the person is no longer an owner of the vehicle or the
registration of the vehicle has been canceled or has expired;
(2) if the person is subject to section 21(b) of this chapter and
to IC 9-29-10-1, after thirty (30) days of suspension;
(3) subject to section 15 of this chapter, when the person
furnishes the bureau with a certificate of compliance showing
that financial responsibility is in effect with respect to the
vehicle if:
(A) subdivision (1)(B) does not apply; and
(B) the person fails to furnish the bureau with a certificate of
compliance as described in subdivision (1)(A) within ninety
(90) days after the current driving license of the person is
suspended; or
(4) if financial responsibility was in effect with respect to a
vehicle on the date of the accident but the person does not
provide the bureau with a certificate of compliance indicating
this fact until after the person's current driving license is
suspended under this chapter, the person's current driving
license shall be reinstated when the person provides the
certificate of compliance to the bureau and complies with
section 15 of this chapter.
(b) Upon receipt of a certificate of compliance under this section,
the bureau shall expunge from the bureau's data base the
administrative suspension caused by the failure to notify the bureau
that the person had financial responsibility in effect on the date of the
violation. As added by P.L.2-1991, SEC.13. Amended by P.L.105-1991, SEC.3;
P.L.1-1992, SEC.57; P.L.94-1997, SEC.4; P.L.117-2001, SEC.2;
P.L.210-2005, SEC.49. IC 9-25-6-15 License reinstatement fee; exception
Sec. 15. (a) Except as provided in subsection (b), a person:
(1) whose current driving license is suspended under this
chapter; and
(2) who seeks the reinstatement of the driving license;
must pay a reinstatement fee to the bureau as provided in
IC 9-29-10-1.
(b) A person whose driver's license is suspended under section 19
or 20 of this chapter is not required to pay a reinstatement fee to have
the person's driving license reinstated. As added by P.L.2-1991, SEC.13. Amended by P.L.80-2010, SEC.13.
IC 9-25-6-16 Review of driving license suspension
Sec. 16. A person whose current driving license is suspended
under this chapter may seek a review of the suspension under
IC 4-21.5-3-7. As added by P.L.2-1991, SEC.13.
IC 9-25-6-17 Proof of future financial responsibility given on behalf of
employees or family members
Sec. 17. If the bureau determines that a person who is required to
give proof of financial responsibility in the future under this article
because of a conviction, non-satisfaction of a judgment, or for any
other reason is or becomes:
(1) a chauffeur or motor vehicle operator, however designated,
in the employ of a person who owns a motor vehicle; or
(2) a member of the immediate family or household of a person
who owns a motor vehicle; and
the period for which the person's suspension or revocation has
elapsed, the bureau may accept proof of future financial
responsibility given by the person who owns the motor vehicle
instead of requiring proof from the person under a suspension or
revocation if it appears that the proof offered will be sufficient to
cover any number of persons coming within this classification. The
bureau may designate the restrictions imposed by this section on the
face of the operator's or chauffeur's license of the person who has
been under suspension or revocation. As added by P.L.2-1991, SEC.13.
IC 9-25-6-18 Forging or signing without authority; certificate serving as proof
of financial responsibility; filing or offering for filing; classification
of violation
Sec. 18. A person who:
(1) forges or without authority signs any certificate to serve as
proof of financial responsibility as required by the bureau; or
(2) knowingly files or offers for filing a certificate described in
subdivision (1);
commits a Class B misdemeanor. As added by P.L.2-1991, SEC.13.
IC 9-25-6-19 Suspension of driving privileges under IC 31-14-12-4 or
IC 31-16-12-7; notice; reinstatement
Sec. 19. (a) The bureau shall, upon receiving an order of a court
issued under IC 31-14-12-4 or IC 31-16-12-7 (or IC 31-1-11.5-13(j)
or IC 31-6-6.1-16(j) before their repeal), suspend the driving license
or permit of the person who is the subject of the order.
(b) The bureau may not reinstate a driving license or permit
suspended under this section until the bureau receives an order
allowing reinstatement from the court that issued the order for
suspension.
(c) Upon receiving an order for suspension under subsection (a),
the bureau shall promptly mail a notice to the last known address of
the person who is the subject of the order, stating the following:
(1) That the person's driving privileges are suspended,
beginning five (5) business days after the date the notice is
mailed, and that the suspension will terminate ten (10) business
days after the bureau receives an order allowing reinstatement
from the court that issued the suspension order.
(2) That the person has the right to petition for reinstatement of
driving privileges to the court that issued the order for
suspension.
(3) That the person may be granted a restricted driving permit
under IC 9-24-15-6.7 if the person can prove that public
transportation is unavailable for travel by the person:
(A) to and from the person's regular place of employment;
(B) in the course of the person's regular employment;
(C) to and from the person's place of worship; or
(D) to participate in parenting time with the petitioner's
children consistent with a court order granting parenting
time.
(d) Unless a person whose driving license or permit is suspended
under this section has been issued a restricted driving permit under
IC 9-24-15 as a result of a suspension under this section, a person
who operates a motor vehicle in violation of the section commits a
Class A infraction. As added by P.L.133-1995, SEC.5. Amended by P.L.1-1997, SEC.43;
P.L.68-2005, SEC.2.
IC 9-25-6-19.2 False evidence of financial responsibility
Sec. 19.2. The bureau may suspend the registration of a vehicle
owned by a registrant who provides the bureau with false evidence
of financial responsibility under this article. As added by P.L.125-1995, SEC.10. IC 9-25-6-20 Notice of suspension of driving privileges for delinquent child
support; reinstatement
Sec. 20. (a) If the bureau is advised by the Title IV-D agency that
the obligor (as defined in IC 31-25-4-4) either requested a hearing
under IC 31-25-4-33 and failed to appear or appeared and was found
to be delinquent, the bureau shall promptly mail a notice to the
obligor stating the following:
(1) That the obligor's driving privileges are suspended,
beginning twenty (20) business days after the date the notice is
mailed, and that the suspension will terminate after the bureau
receives a notice from the Title IV-D agency that the obligor
has:
(A) paid the obligor's child support arrearage in full; or
(B) established a payment plan with the Title IV-D agency
to pay the arrearage, which includes an income withholding
order under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That the obligor may be granted a restricted driving permit
under IC 9-24-15-6.7 if the obligor can prove that public
transportation is unavailable for travel by the obligor:
(A) to and from the obligor's regular place of employment;
(B) in the course of the obligor's regular employment;
(C) to and from the obligor's place of worship; or
(D) to participate in parenting time with the petitioner's
children consistent with a court order granting parenting
time.
(b) The bureau may not reinstate a driving license or permit
suspended under this section until the bureau receives a notice from
the Title IV-D agency that the obligor has:
(1) paid the obligor's child support arrearage in full; or
(2) established a payment plan with the Title IV-D agency to
pay the arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(c) Unless an obligor whose driving license or permit is suspended
under this section has been issued a restricted driving permit under
IC 9-24-15 as a result of a suspension under this section, an obligor
who operates a motor vehicle in violation of the section commits a
Class A infraction. As added by P.L.133-1995, SEC.6. Amended by P.L.1-1997, SEC.44;
P.L.86-2002, SEC.1; P.L.68-2005, SEC.3; P.L.145-2006, SEC.25;
P.L.103-2007, SEC.5.
IC 9-25-6-21 Suspension of driving privileges after fuel theft conviction
Sec. 21. (a) Upon receiving an order issued by a court under
IC 35-43-4-8(b) concerning a person convicted of fuel theft, the
bureau shall do the following:
(1) Suspend under subsection (b) the driving privileges of the
person who is the subject of the order, whether or not the
person's current driving license accompanies the order.
(2) Mail to the last known address of the person who is the
subject of the order a notice:
(A) stating that the person's driving license is being
suspended for fuel theft;
(B) setting forth the date on which the suspension takes
effect and the date on which the suspension terminates; and
(C) stating that the person may be granted a restricted
driving permit under IC 9-24-15-6.7 if the person meets the
conditions for obtaining a restricted driving permit.
(b) The suspension of the driving privileges of a person who is the
subject of an order issued under IC 35-43-4-8(b):
(1) begins five (5) business days after the date on which the
bureau mails the notice to the person under subsection (a)(2);
and
(2) terminates thirty (30) days after the suspension begins.
(c) A person who operates a motor vehicle during a suspension of
the person's driving privileges under this section commits a Class A
infraction unless the person's operation of the motor vehicle is
authorized by a restricted driving permit issued to the person under
IC 9-24-15-6.7. As added by P.L.117-2001, SEC.3.
