IC 9-30-4
Chapter 4. Licenses and Registrations; Suspension and
Revocation
IC 9-30-4-1 Reasonable ground appearing on records
Sec. 1. Upon any reasonable ground appearing on the records of
the bureau, the bureau may do the following:
(1) Suspend or revoke the current driving license of any person.
(2) Suspend or revoke the certificate of registration and license
plate for any motor vehicle. As added by P.L.2-1991, SEC.18.
IC 9-30-4-2 Modification, amendment, or cancellation of orders; judicial
review
Sec. 2. The bureau may modify, amend, or cancel any order or
determination during the time within which a judicial review could
be had. A person aggrieved by the modification, amendment, or
cancellation may seek a judicial review as provided in this chapter. As added by P.L.2-1991, SEC.18.
IC 9-30-4-3 Aggrieved persons; petition for review; jurisdiction; statement of
facts; order
Sec. 3. (a) A person aggrieved by an order or act of the bureau
under section 1 or 2 of this chapter may, within fifteen (15) days
after notice is given, file a petition in the circuit or superior court of
the county in which the person resides. If the person is a nonresident,
the person may file a petition for review in the Marion circuit court.
(b) The petitioner must state facts showing how the order or act
of the bureau is wrongful or unlawful, but the filing of a petition does
not suspend the order or act unless a stay is allowed by a judge of the
court pending final determination of the review on a showing of
reasonable probability that the order or act is wrongful or unlawful.
(c) The court shall, within six (6) months of the date of the filing
of the petition, hear the petition, take testimony, and examine the
facts of the case. The court may, in disposing of the issues, modify,
affirm, or reverse the order or act of the bureau in whole or in part
and shall make an appropriate order. If the petition has not been
heard within six (6) months from the date of the filing, the original
order or act of the bureau shall be reinstated in full force and effect. As added by P.L.2-1991, SEC.18.
IC 9-30-4-4 Filing of petition for review; docketing; issues; venue; costs
Sec. 4. On the filing of a petition for judicial review, the cause
shall be docketed by the clerk of the court in the name of the
petitioner against the bureau. The issues shall be considered closed
by denial of all matters at issue without the necessity of filing any
further pleadings. Changes of venue from the judge or from the
county shall be granted either party under the law governing changes
of venue in civil causes. The bureau is not liable or taxable for any
cost in any action for judicial review. As added by P.L.2-1991, SEC.18.
IC 9-30-4-5 Appeal
Sec. 5. An appeal from the judgment of the court may be
prosecuted by either party to the supreme court as in civil causes if
a notice of intention to appeal is filed with the supreme court within
a period of fifteen (15) days from the date of the judgment, together
with an appeal bond conditioned that the appellant will duly
prosecute the appeal and pay all costs if the decision of the supreme
court is determined against the appellant with surety approved by the
court. No bond is required of the bureau. As added by P.L.2-1991, SEC.18.
IC 9-30-4-6 Suspension or revocation of license, certificate of registration, and
license plates; evidence of registration; offenses; renewal; action by
bureau; conviction; term of suspension; appeal
Sec. 6. (a) Whenever the bureau suspends or revokes the current
driver's license upon receiving a record of the conviction of a person
for any offense under the motor vehicle laws not enumerated under
subsection (b), the bureau may also suspend any of the certificates of
registration and license plates issued for any motor vehicle registered
in the name of the person so convicted. However, the bureau may not
suspend the evidence of registration, unless otherwise required by
law, if the person has given or gives and maintains during the three
(3) years following the date of suspension or revocation proof of
financial responsibility in the future in the manner specified in this
section.
(b) The bureau shall suspend or revoke without notice or hearing
the current driver's license and all certificates of registration and
license plates issued or registered in the name of a person who is
convicted of any of the following:
(1) Manslaughter or reckless homicide resulting from the
operation of a motor vehicle.
(2) Perjury or knowingly making a false affidavit to the
department under this chapter or any other law requiring the
registration of motor vehicles or regulating motor vehicle
operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the
commission of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure
to stop and disclose the person's identity at the scene of an
accident that has resulted in death, personal injury, or property
damage in excess of two hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer,
use, or sale of a controlled substance or counterfeit substance,
or attempting or conspiring to possess, distribute, manufacture,
cultivate, transfer, use, or sell a controlled substance or
counterfeit substance.
(c) The license of a person shall also be suspended upon
conviction in another jurisdiction for any offense described in
subsections (b)(1), (b)(2), (b)(3), (b)(4), and (b)(5), except if
property damage is less than two hundred dollars ($200), the bureau
may determine whether the driver's license and certificates of
registration and license plates shall be suspended or revoked. The
license of a person shall also be suspended upon conviction in
another jurisdiction for any offense described in subsection (b)(6).
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the person and a motor vehicle
may not be registered in the name of the person as follows:
(1) Except as provided in subdivisions (2), (3), (4), and (5), and
subject to section 6.5 of this chapter, for six (6) months from
the date of conviction or on the date on which the person is
otherwise eligible for a license, whichever is later. Except as
provided in IC 35-48-4-15, this includes a person convicted of
a crime for which the person's license is suspended or revoked
under subsection (b)(6).
(2) Subject to section 6.5 of this chapter, upon conviction of an
offense described in subsection (b)(1), for a fixed period of not
less than two (2) years and not more than five (5) years, to be
fixed by the bureau based upon recommendation of the court
entering a conviction. A new or reinstated license may not be
issued to the person unless that person, within the three (3)
years following the expiration of the suspension or revocation,
gives and maintains in force at all times during the effective
period of a new or reinstated license proof of financial
responsibility in the future in the manner specified in this
chapter. However, the liability of the insurance carrier under a
motor vehicle liability policy that is furnished for proof of
financial responsibility in the future as set out in this chapter
becomes absolute whenever loss or damage covered by the
policy occurs, and the satisfaction by the insured of a final
judgment for loss or damage is not a condition precedent to the
right or obligation of the carrier to make payment on account of
loss or damage, but the insurance carrier has the right to settle
a claim covered by the policy. If the settlement is made in good
faith, the amount shall be deductive from the limits of liability
specified in the policy. A policy may not be canceled or
annulled with respect to a loss or damage by an agreement
between the carrier and the insured after the insured has become
responsible for the loss or damage, and a cancellation or
annulment is void. The policy may provide that the insured or
any other person covered by the policy shall reimburse the
insurance carrier for payment made on account of any loss or
damage claim or suit involving a breach of the terms,
provisions, or conditions of the policy. If the policy provides for
limits in excess of the limits specified in this chapter, the
insurance carrier may plead against any plaintiff, with respect
to the amount of the excess limits of liability, any defenses that
the carrier may be entitled to plead against the insured. The
policy may further provide for prorating of the insurance with
other applicable valid and collectible insurance. An action does
not lie against the insurance carrier by or on behalf of any
claimant under the policy until a final judgment has been
obtained after actual trial by or on behalf of any claimant under
the policy.
(3) Subject to section 6.5 of this chapter, for the period ordered
by a court under IC 35-48-4-15.
(4) Subject to section 6.5 of this chapter, if the person is
convicted of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b) and the person:
(A) exceeded the speed limit by at least twenty (20) miles
per hour;
(B) committed criminal recklessness with a vehicle (IC
35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b);
while committing the felony, for one (1) year after the date the
person was convicted. The convicted person has the burden of
applying for a new or renewal license and establishing that the
one (1) year period described in this subdivision and subject to
section 6.5 of this chapter has elapsed.
(5) Subject to section 6.5 of this chapter, if the person is
convicted of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b), the person:
(A) exceeded the speed limit by at least twenty (20) miles
per hour;
(B) committed criminal recklessness with a vehicle (IC
35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b);
while committing the felony, and the person has a prior
unrelated conviction for a felony under IC 35-44-3-3(b), for two
(2) years after the date the person was convicted. The convicted
person has the burden of applying for a new or renewal license
and establishing that the two (2) year period described in this
subdivision and subject to section 6.5 of this chapter has
elapsed.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of a person in another
state.
(f) For the purpose of this chapter, "conviction" includes any of
the following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure
the defendant's appearance for trial, unless the forfeiture is
vacated.
(4) A payment of money as a penalty or as costs in accordance
with an agreement between a moving traffic violator and a
traffic violations bureau.
(g) A suspension or revocation under this section or under
IC 9-25-6-8 stands pending appeal of the conviction to a higher court
and may be set aside or modified only upon the receipt by the bureau
of the certificate of the court reversing or modifying the judgment
that the cause has been reversed or modified. However, if the
suspension or revocation follows a conviction in a court of no record
in Indiana, the suspension or revocation is stayed pending appeal of
the conviction to a court of record.
(h) A person aggrieved by an order or act of the bureau under this
section or IC 9-25-6-8 may file a petition for a court review. As added by P.L.2-1991, SEC.18. Amended by P.L.107-1991, SEC.1;
P.L.64-1994, SEC.2; P.L.100-2010, SEC.4.
IC 9-30-4-6.5 Date of license suspension
Sec. 6.5. If a person receives a sentence that includes:
(1) a term of incarceration; and
(2) a license suspension under this chapter;
the license suspension begins on the date the person is released from
incarceration and not on the date the person is convicted. As added by P.L.100-2010, SEC.5.
IC 9-30-4-7 Return of suspended license, certificate of registration, and license
plate to bureau; violation; Class C misdemeanor; seizure by law
enforcement
Sec. 7. (a) A person whose:
(1) operator's or chauffeur's license; or
(2) certificate of registration or license plate;
has been suspended and has not been reinstated shall immediately
return the license, certificate of registration, and license plate to the
bureau. A person who knowingly fails to comply with this
requirement commits a Class C misdemeanor.
(b) The bureau may:
(1) take possession of a license, certificate of registration, or
license plate upon the suspension; or
(2) direct a law enforcement officer to take possession and
return the license, certificate, or license plate to the office of the
bureau.
(c) All law enforcement officers are authorized as agents of the
bureau to seize the license, certificate of registration, and license
plate of a person who fails to surrender the license, certificate, or
license plate. A law enforcement officer shall notify the bureau of the
seizure. As added by P.L.2-1991, SEC.18.
IC 9-30-4-8 Operation of motor vehicle following suspension of certificate of
registration or in violation of a restricted license; Class C
misdemeanor
Sec. 8. (a) A person whose certificate of registration has been
suspended or revoked, with restoration or the issuance of a new
certificate being contingent upon the furnishing of proof of financial
responsibility and who, during the suspension or revocation or in the
absence of full authorization from the bureau, operates the motor
vehicle upon a highway or knowingly permits the motor vehicle to
be operated by another person upon a highway except as permitted
under this chapter commits a Class C misdemeanor.
(b) A person with a restricted license issued by the bureau who
operates a motor vehicle upon a highway in violation of the terms
and conditions specified on the restricted license commits a Class C
misdemeanor. As added by P.L.2-1991, SEC.18.
IC 9-30-4-9 Citation on complaint; hearing; notice; suspension or revocation
of restricted license; failure to appear; evidence; review;
modification, amendment, or cancellation of order
Sec. 9. (a) Upon the filing of a complaint in writing with the
bureau against a person holding a current driver's license or applying
for a current driver's license or a renewal, the bureau may cite the
person for a hearing to consider the suspension or revocation of the
license upon any of the following charges:
(1) That the person has committed an offense for the conviction
of which mandatory revocation of license is provided.
(2) That the person has, by reckless or unlawful operation of a
motor vehicle, caused or contributed to an accident resulting in
death or injury to any other person or property damage.
(3) That the person is incompetent to drive a motor vehicle or
is afflicted with mental or physical infirmities or disabilities
rendering it unsafe for the person to drive a motor vehicle.
(4) That the person is a reckless or negligent driver of a motor
vehicle or has committed a violation of a motor vehicle law.
(b) Whenever the bureau issues a citation upon a complaint in
writing for any of the reasons set out in this section, the bureau shall
immediately notify the licensee or permit holder of the time and
place of the hearing and afford the person an opportunity of a hearing
in the county in which the person so cited and against whom the
complaint is filed resides before the bureau or a deputy or an agent
of the bureau designated for the purpose of the hearing. The citation
must state the time, date, and place where the hearing will be held
and that the licensee or permit holder has the right to appear and to
be heard. At the hearing the bureau or the deputy or agent may issue
an order of suspension or revocation or decline to suspend, revoke,
or issue the license or permit.
(c) The bureau or the deputy or agent may suspend or revoke the
current driver's license of a person and any of the certificates of
registration and license plates for a motor vehicle or require the
person cited to operate for a period of one (1) year under a restricted
license and make the reports the bureau requires.
(d) The bureau or the deputy or agent may subpoena witnesses,
administer oaths, and take testimony. The failure of the defendant to
appear at the time and place of the hearing after notice as provided
in this section does not prevent the hearing, the taking of testimony,
and the determination of the matter.
(e) Testimony or a record of suspension or revocation of a current
driver's license in the custody of the bureau following a hearing is
not admissible as evidence:
(1) in any court in any action at law for negligence; or
(2) in any civil action brought against a person so cited by the
bureau under this chapter.
(f) The bureau may suspend or revoke the license of an Indiana
resident for a period of not more than one (1) year upon receiving
notice of the conviction of the person in another state of an offense
that, if committed in Indiana, would be grounds for the suspension
or revocation of the license. The bureau may, upon receiving a record
of the conviction in Indiana of a nonresident driver of a motor
vehicle of an offense under Indiana motor vehicle laws, forward a
certified copy of the record to the motor vehicle administrator in the
state where the person convicted is a resident.
(g) The bureau may not suspend a current driver's license for more
than one (1) year and upon suspending or revoking any license shall
require that the license be surrendered to the bureau.
(h) A suspension or revocation under this section stands pending
any proceeding for review of an action of the bureau taken under this
section.
(i) In addition to any other power, the bureau may modify, amend,
or cancel any order or determination during the time within which a
judicial review could be had. A person aggrieved by the order or act
may have a judicial review under sections 10 and 11 of this chapter. As added by P.L.2-1991, SEC.18. Amended by P.L.66-1992, SEC.21.
IC 9-30-4-10 Review; petition for rehearing in circuit or superior court
following suspension or revocation by bureau
Sec. 10. (a) A person whose current driver's license or permit or
certificate of registration has been suspended or revoked by the
bureau under section 9 of this chapter may file a petition within thirty
(30) days for a hearing in the matter in a circuit or superior court in
the county in which the person resides. The court has jurisdiction and
shall set the matter for hearing after fifteen (15) days written notice
to the bureau. The court shall conduct a hearing on the petition, take
testimony, and examine into the facts of the case de novo and
determine whether the action of the bureau complained of was
erroneous and make an appropriate order or decree as provided in
this chapter.
(b) Every action for a court review or appeal under this chapter
shall be tried by the court and not by a jury. The court shall, without
any requests, make, sign, and file a special finding of facts in writing
and shall state in writing its conclusions of law. The court shall
immediately, after ruling on any motion for a new trial duly filed,
render judgment in accordance with the conclusions of law stated in
the special findings of facts. Exceptions to conclusions of law may
be taken by an entry of the exceptions at any time before judgment. As added by P.L.2-1991, SEC.18.
IC 9-30-4-11 Review procedures; issues; venue; costs; notice of intention; scope
of review
Sec. 11. (a) On the filing of a petition under section 10 of this
chapter for judicial review, the cause shall be docketed by the clerk
of the court in the name of the petitioner against the bureau. The
issues shall be considered closed by denial of all matters at issue
without the necessity of filing any further pleadings. Changes of
venue from the judge or from the county shall be granted either party
under the law governing changes of venue in civil causes. The bureau
is not liable or taxable for any costs in any action for judicial review.
(b) An appeal from the judgment of the court may be prosecuted
by either party as in civil causes, provided a notice of intention to
appeal is filed with the court within fifteen (15) days from the date
of the judgment, together with an appeal bond conditioned that the
appellant will duly prosecute the appeal and pay all costs if the
decision of the court having appellate jurisdiction over the appeal is
determined against the appellant with surety approved by the court.
A bond is not required of the bureau.
(c) IC 4-21.5 does not apply to this chapter. A court does not have
jurisdiction to review any order or act of the bureau except as
provided for in this chapter, any other law to the contrary, regardless
of the date of enactment of the other law. As added by P.L.2-1991, SEC.18.
IC 9-30-4-12 Effect of suspension of driving privileges or drivers' licenses
Sec. 12. (a) Any court judgment, court order, or administrative
proceeding that results in a suspension of a person's driving
privileges also suspends any driver's license or permit held by the
person.
(b) Any court judgment, court order, or administrative proceeding
that results in a suspension of a person's driver's license or permit
also suspends the person's driving privileges.
As added by P.L.2-1991, SEC.18.
IC 9-30-4-13 Notice procedures; failure to answer; Class C misdemeanor
Sec. 13. (a) Whenever the bureau is authorized or required to give
notice under this chapter or any other law regulating the operation of
vehicles, unless a different method of giving notice is otherwise
expressly prescribed, the notice may be given either by personal
delivery to the person to be notified or by deposit with the United
States Postal Service of the notice by first class mail.
(b) A person who, after notification, fails to return or surrender to
the bureau upon demand a suspended, revoked, or canceled current
driver's license or certificate of registration commits a Class C
misdemeanor. The bureau may file an affidavit with the prosecuting
attorney of the county in which the person resides charging the
person with the offense. As added by P.L.2-1991, SEC.18.
IC 9-30-4-14 Rules; adoption
Sec. 14. The bureau may adopt rules under IC 4-22-2 to
administer this chapter. As added by P.L.2-1991, SEC.18.
IC 9-30-4-15 Violations; Class C infraction
Sec. 15. A person who violates a provision of this chapter for
which another penalty is not prescribed by law commits a Class C
infraction. As added by P.L.2-1991, SEC.18.
IC 9-30-4
Chapter 4. Licenses and Registrations; Suspension and
Revocation
IC 9-30-4-1 Reasonable ground appearing on records
Sec. 1. Upon any reasonable ground appearing on the records of
the bureau, the bureau may do the following:
(1) Suspend or revoke the current driving license of any person.
(2) Suspend or revoke the certificate of registration and license
plate for any motor vehicle. As added by P.L.2-1991, SEC.18.
IC 9-30-4-2 Modification, amendment, or cancellation of orders; judicial
review
Sec. 2. The bureau may modify, amend, or cancel any order or
determination during the time within which a judicial review could
be had. A person aggrieved by the modification, amendment, or
cancellation may seek a judicial review as provided in this chapter. As added by P.L.2-1991, SEC.18.
IC 9-30-4-3 Aggrieved persons; petition for review; jurisdiction; statement of
facts; order
Sec. 3. (a) A person aggrieved by an order or act of the bureau
under section 1 or 2 of this chapter may, within fifteen (15) days
after notice is given, file a petition in the circuit or superior court of
the county in which the person resides. If the person is a nonresident,
the person may file a petition for review in the Marion circuit court.
(b) The petitioner must state facts showing how the order or act
of the bureau is wrongful or unlawful, but the filing of a petition does
not suspend the order or act unless a stay is allowed by a judge of the
court pending final determination of the review on a showing of
reasonable probability that the order or act is wrongful or unlawful.
(c) The court shall, within six (6) months of the date of the filing
of the petition, hear the petition, take testimony, and examine the
facts of the case. The court may, in disposing of the issues, modify,
affirm, or reverse the order or act of the bureau in whole or in part
and shall make an appropriate order. If the petition has not been
heard within six (6) months from the date of the filing, the original
order or act of the bureau shall be reinstated in full force and effect. As added by P.L.2-1991, SEC.18.
IC 9-30-4-4 Filing of petition for review; docketing; issues; venue; costs
Sec. 4. On the filing of a petition for judicial review, the cause
shall be docketed by the clerk of the court in the name of the
petitioner against the bureau. The issues shall be considered closed
by denial of all matters at issue without the necessity of filing any
further pleadings. Changes of venue from the judge or from the
county shall be granted either party under the law governing changes
of venue in civil causes. The bureau is not liable or taxable for any
cost in any action for judicial review. As added by P.L.2-1991, SEC.18.
IC 9-30-4-5 Appeal
Sec. 5. An appeal from the judgment of the court may be
prosecuted by either party to the supreme court as in civil causes if
a notice of intention to appeal is filed with the supreme court within
a period of fifteen (15) days from the date of the judgment, together
with an appeal bond conditioned that the appellant will duly
prosecute the appeal and pay all costs if the decision of the supreme
court is determined against the appellant with surety approved by the
court. No bond is required of the bureau. As added by P.L.2-1991, SEC.18.
IC 9-30-4-6 Suspension or revocation of license, certificate of registration, and
license plates; evidence of registration; offenses; renewal; action by
bureau; conviction; term of suspension; appeal
Sec. 6. (a) Whenever the bureau suspends or revokes the current
driver's license upon receiving a record of the conviction of a person
for any offense under the motor vehicle laws not enumerated under
subsection (b), the bureau may also suspend any of the certificates of
registration and license plates issued for any motor vehicle registered
in the name of the person so convicted. However, the bureau may not
suspend the evidence of registration, unless otherwise required by
law, if the person has given or gives and maintains during the three
(3) years following the date of suspension or revocation proof of
financial responsibility in the future in the manner specified in this
section.
(b) The bureau shall suspend or revoke without notice or hearing
the current driver's license and all certificates of registration and
license plates issued or registered in the name of a person who is
convicted of any of the following:
(1) Manslaughter or reckless homicide resulting from the
operation of a motor vehicle.
(2) Perjury or knowingly making a false affidavit to the
department under this chapter or any other law requiring the
registration of motor vehicles or regulating motor vehicle
operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the
commission of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure
to stop and disclose the person's identity at the scene of an
accident that has resulted in death, personal injury, or property
damage in excess of two hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer,
use, or sale of a controlled substance or counterfeit substance,
or attempting or conspiring to possess, distribute, manufacture,
cultivate, transfer, use, or sell a controlled substance or
counterfeit substance.
(c) The license of a person shall also be suspended upon
conviction in another jurisdiction for any offense described in
subsections (b)(1), (b)(2), (b)(3), (b)(4), and (b)(5), except if
property damage is less than two hundred dollars ($200), the bureau
may determine whether the driver's license and certificates of
registration and license plates shall be suspended or revoked. The
license of a person shall also be suspended upon conviction in
another jurisdiction for any offense described in subsection (b)(6).
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the person and a motor vehicle
may not be registered in the name of the person as follows:
(1) Except as provided in subdivisions (2), (3), (4), and (5), and
subject to section 6.5 of this chapter, for six (6) months from
the date of conviction or on the date on which the person is
otherwise eligible for a license, whichever is later. Except as
provided in IC 35-48-4-15, this includes a person convicted of
a crime for which the person's license is suspended or revoked
under subsection (b)(6).
(2) Subject to section 6.5 of this chapter, upon conviction of an
offense described in subsection (b)(1), for a fixed period of not
less than two (2) years and not more than five (5) years, to be
fixed by the bureau based upon recommendation of the court
entering a conviction. A new or reinstated license may not be
issued to the person unless that person, within the three (3)
years following the expiration of the suspension or revocation,
gives and maintains in force at all times during the effective
period of a new or reinstated license proof of financial
responsibility in the future in the manner specified in this
chapter. However, the liability of the insurance carrier under a
motor vehicle liability policy that is furnished for proof of
financial responsibility in the future as set out in this chapter
becomes absolute whenever loss or damage covered by the
policy occurs, and the satisfaction by the insured of a final
judgment for loss or damage is not a condition precedent to the
right or obligation of the carrier to make payment on account of
loss or damage, but the insurance carrier has the right to settle
a claim covered by the policy. If the settlement is made in good
faith, the amount shall be deductive from the limits of liability
specified in the policy. A policy may not be canceled or
annulled with respect to a loss or damage by an agreement
between the carrier and the insured after the insured has become
responsible for the loss or damage, and a cancellation or
annulment is void. The policy may provide that the insured or
any other person covered by the policy shall reimburse the
insurance carrier for payment made on account of any loss or
damage claim or suit involving a breach of the terms,
provisions, or conditions of the policy. If the policy provides for
limits in excess of the limits specified in this chapter, the
insurance carrier may plead against any plaintiff, with respect
to the amount of the excess limits of liability, any defenses that
the carrier may be entitled to plead against the insured. The
policy may further provide for prorating of the insurance with
other applicable valid and collectible insurance. An action does
not lie against the insurance carrier by or on behalf of any
claimant under the policy until a final judgment has been
obtained after actual trial by or on behalf of any claimant under
the policy.
(3) Subject to section 6.5 of this chapter, for the period ordered
by a court under IC 35-48-4-15.
(4) Subject to section 6.5 of this chapter, if the person is
convicted of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b) and the person:
(A) exceeded the speed limit by at least twenty (20) miles
per hour;
(B) committed criminal recklessness with a vehicle (IC
35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b);
while committing the felony, for one (1) year after the date the
person was convicted. The convicted person has the burden of
applying for a new or renewal license and establishing that the
one (1) year period described in this subdivision and subject to
section 6.5 of this chapter has elapsed.
(5) Subject to section 6.5 of this chapter, if the person is
convicted of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b), the person:
(A) exceeded the speed limit by at least twenty (20) miles
per hour;
(B) committed criminal recklessness with a vehicle (IC
35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b);
while committing the felony, and the person has a prior
unrelated conviction for a felony under IC 35-44-3-3(b), for two
(2) years after the date the person was convicted. The convicted
person has the burden of applying for a new or renewal license
and establishing that the two (2) year period described in this
subdivision and subject to section 6.5 of this chapter has
elapsed.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of a person in another
state.
(f) For the purpose of this chapter, "conviction" includes any of
the following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure
the defendant's appearance for trial, unless the forfeiture is
vacated.
(4) A payment of money as a penalty or as costs in accordance
with an agreement between a moving traffic violator and a
traffic violations bureau.
(g) A suspension or revocation under this section or under
IC 9-25-6-8 stands pending appeal of the conviction to a higher court
and may be set aside or modified only upon the receipt by the bureau
of the certificate of the court reversing or modifying the judgment
that the cause has been reversed or modified. However, if the
suspension or revocation follows a conviction in a court of no record
in Indiana, the suspension or revocation is stayed pending appeal of
the conviction to a court of record.
(h) A person aggrieved by an order or act of the bureau under this
section or IC 9-25-6-8 may file a petition for a court review. As added by P.L.2-1991, SEC.18. Amended by P.L.107-1991, SEC.1;
P.L.64-1994, SEC.2; P.L.100-2010, SEC.4.
IC 9-30-4-6.5 Date of license suspension
Sec. 6.5. If a person receives a sentence that includes:
(1) a term of incarceration; and
(2) a license suspension under this chapter;
the license suspension begins on the date the person is released from
incarceration and not on the date the person is convicted. As added by P.L.100-2010, SEC.5.
IC 9-30-4-7 Return of suspended license, certificate of registration, and license
plate to bureau; violation; Class C misdemeanor; seizure by law
enforcement
Sec. 7. (a) A person whose:
(1) operator's or chauffeur's license; or
(2) certificate of registration or license plate;
has been suspended and has not been reinstated shall immediately
return the license, certificate of registration, and license plate to the
bureau. A person who knowingly fails to comply with this
requirement commits a Class C misdemeanor.
(b) The bureau may:
(1) take possession of a license, certificate of registration, or
license plate upon the suspension; or
(2) direct a law enforcement officer to take possession and
return the license, certificate, or license plate to the office of the
bureau.
(c) All law enforcement officers are authorized as agents of the
bureau to seize the license, certificate of registration, and license
plate of a person who fails to surrender the license, certificate, or
license plate. A law enforcement officer shall notify the bureau of the
seizure. As added by P.L.2-1991, SEC.18.
IC 9-30-4-8 Operation of motor vehicle following suspension of certificate of
registration or in violation of a restricted license; Class C
misdemeanor
Sec. 8. (a) A person whose certificate of registration has been
suspended or revoked, with restoration or the issuance of a new
certificate being contingent upon the furnishing of proof of financial
responsibility and who, during the suspension or revocation or in the
absence of full authorization from the bureau, operates the motor
vehicle upon a highway or knowingly permits the motor vehicle to
be operated by another person upon a highway except as permitted
under this chapter commits a Class C misdemeanor.
(b) A person with a restricted license issued by the bureau who
operates a motor vehicle upon a highway in violation of the terms
and conditions specified on the restricted license commits a Class C
misdemeanor. As added by P.L.2-1991, SEC.18.
IC 9-30-4-9 Citation on complaint; hearing; notice; suspension or revocation
of restricted license; failure to appear; evidence; review;
modification, amendment, or cancellation of order
Sec. 9. (a) Upon the filing of a complaint in writing with the
bureau against a person holding a current driver's license or applying
for a current driver's license or a renewal, the bureau may cite the
person for a hearing to consider the suspension or revocation of the
license upon any of the following charges:
(1) That the person has committed an offense for the conviction
of which mandatory revocation of license is provided.
(2) That the person has, by reckless or unlawful operation of a
motor vehicle, caused or contributed to an accident resulting in
death or injury to any other person or property damage.
(3) That the person is incompetent to drive a motor vehicle or
is afflicted with mental or physical infirmities or disabilities
rendering it unsafe for the person to drive a motor vehicle.
(4) That the person is a reckless or negligent driver of a motor
vehicle or has committed a violation of a motor vehicle law.
(b) Whenever the bureau issues a citation upon a complaint in
writing for any of the reasons set out in this section, the bureau shall
immediately notify the licensee or permit holder of the time and
place of the hearing and afford the person an opportunity of a hearing
in the county in which the person so cited and against whom the
complaint is filed resides before the bureau or a deputy or an agent
of the bureau designated for the purpose of the hearing. The citation
must state the time, date, and place where the hearing will be held
and that the licensee or permit holder has the right to appear and to
be heard. At the hearing the bureau or the deputy or agent may issue
an order of suspension or revocation or decline to suspend, revoke,
or issue the license or permit.
(c) The bureau or the deputy or agent may suspend or revoke the
current driver's license of a person and any of the certificates of
registration and license plates for a motor vehicle or require the
person cited to operate for a period of one (1) year under a restricted
license and make the reports the bureau requires.
(d) The bureau or the deputy or agent may subpoena witnesses,
administer oaths, and take testimony. The failure of the defendant to
appear at the time and place of the hearing after notice as provided
in this section does not prevent the hearing, the taking of testimony,
and the determination of the matter.
(e) Testimony or a record of suspension or revocation of a current
driver's license in the custody of the bureau following a hearing is
not admissible as evidence:
(1) in any court in any action at law for negligence; or
(2) in any civil action brought against a person so cited by the
bureau under this chapter.
(f) The bureau may suspend or revoke the license of an Indiana
resident for a period of not more than one (1) year upon receiving
notice of the conviction of the person in another state of an offense
that, if committed in Indiana, would be grounds for the suspension
or revocation of the license. The bureau may, upon receiving a record
of the conviction in Indiana of a nonresident driver of a motor
vehicle of an offense under Indiana motor vehicle laws, forward a
certified copy of the record to the motor vehicle administrator in the
state where the person convicted is a resident.
(g) The bureau may not suspend a current driver's license for more
than one (1) year and upon suspending or revoking any license shall
require that the license be surrendered to the bureau.
(h) A suspension or revocation under this section stands pending
any proceeding for review of an action of the bureau taken under this
section.
(i) In addition to any other power, the bureau may modify, amend,
or cancel any order or determination during the time within which a
judicial review could be had. A person aggrieved by the order or act
may have a judicial review under sections 10 and 11 of this chapter. As added by P.L.2-1991, SEC.18. Amended by P.L.66-1992, SEC.21.
IC 9-30-4-10 Review; petition for rehearing in circuit or superior court
following suspension or revocation by bureau
Sec. 10. (a) A person whose current driver's license or permit or
certificate of registration has been suspended or revoked by the
bureau under section 9 of this chapter may file a petition within thirty
(30) days for a hearing in the matter in a circuit or superior court in
the county in which the person resides. The court has jurisdiction and
shall set the matter for hearing after fifteen (15) days written notice
to the bureau. The court shall conduct a hearing on the petition, take
testimony, and examine into the facts of the case de novo and
determine whether the action of the bureau complained of was
erroneous and make an appropriate order or decree as provided in
this chapter.
(b) Every action for a court review or appeal under this chapter
shall be tried by the court and not by a jury. The court shall, without
any requests, make, sign, and file a special finding of facts in writing
and shall state in writing its conclusions of law. The court shall
immediately, after ruling on any motion for a new trial duly filed,
render judgment in accordance with the conclusions of law stated in
the special findings of facts. Exceptions to conclusions of law may
be taken by an entry of the exceptions at any time before judgment. As added by P.L.2-1991, SEC.18.
IC 9-30-4-11 Review procedures; issues; venue; costs; notice of intention; scope
of review
Sec. 11. (a) On the filing of a petition under section 10 of this
chapter for judicial review, the cause shall be docketed by the clerk
of the court in the name of the petitioner against the bureau. The
issues shall be considered closed by denial of all matters at issue
without the necessity of filing any further pleadings. Changes of
venue from the judge or from the county shall be granted either party
under the law governing changes of venue in civil causes. The bureau
is not liable or taxable for any costs in any action for judicial review.
(b) An appeal from the judgment of the court may be prosecuted
by either party as in civil causes, provided a notice of intention to
appeal is filed with the court within fifteen (15) days from the date
of the judgment, together with an appeal bond conditioned that the
appellant will duly prosecute the appeal and pay all costs if the
decision of the court having appellate jurisdiction over the appeal is
determined against the appellant with surety approved by the court.
A bond is not required of the bureau.
(c) IC 4-21.5 does not apply to this chapter. A court does not have
jurisdiction to review any order or act of the bureau except as
provided for in this chapter, any other law to the contrary, regardless
of the date of enactment of the other law. As added by P.L.2-1991, SEC.18.
IC 9-30-4-12 Effect of suspension of driving privileges or drivers' licenses
Sec. 12. (a) Any court judgment, court order, or administrative
proceeding that results in a suspension of a person's driving
privileges also suspends any driver's license or permit held by the
person.
(b) Any court judgment, court order, or administrative proceeding
that results in a suspension of a person's driver's license or permit
also suspends the person's driving privileges.
As added by P.L.2-1991, SEC.18.
IC 9-30-4-13 Notice procedures; failure to answer; Class C misdemeanor
Sec. 13. (a) Whenever the bureau is authorized or required to give
notice under this chapter or any other law regulating the operation of
vehicles, unless a different method of giving notice is otherwise
expressly prescribed, the notice may be given either by personal
delivery to the person to be notified or by deposit with the United
States Postal Service of the notice by first class mail.
(b) A person who, after notification, fails to return or surrender to
the bureau upon demand a suspended, revoked, or canceled current
driver's license or certificate of registration commits a Class C
misdemeanor. The bureau may file an affidavit with the prosecuting
attorney of the county in which the person resides charging the
person with the offense. As added by P.L.2-1991, SEC.18.
IC 9-30-4-14 Rules; adoption
Sec. 14. The bureau may adopt rules under IC 4-22-2 to
administer this chapter. As added by P.L.2-1991, SEC.18.
IC 9-30-4-15 Violations; Class C infraction
Sec. 15. A person who violates a provision of this chapter for
which another penalty is not prescribed by law commits a Class C
infraction. As added by P.L.2-1991, SEC.18.
IC 9-30-4
Chapter 4. Licenses and Registrations; Suspension and
Revocation
IC 9-30-4-1 Reasonable ground appearing on records
Sec. 1. Upon any reasonable ground appearing on the records of
the bureau, the bureau may do the following:
(1) Suspend or revoke the current driving license of any person.
(2) Suspend or revoke the certificate of registration and license
plate for any motor vehicle. As added by P.L.2-1991, SEC.18.
IC 9-30-4-2 Modification, amendment, or cancellation of orders; judicial
review
Sec. 2. The bureau may modify, amend, or cancel any order or
determination during the time within which a judicial review could
be had. A person aggrieved by the modification, amendment, or
cancellation may seek a judicial review as provided in this chapter. As added by P.L.2-1991, SEC.18.
IC 9-30-4-3 Aggrieved persons; petition for review; jurisdiction; statement of
facts; order
Sec. 3. (a) A person aggrieved by an order or act of the bureau
under section 1 or 2 of this chapter may, within fifteen (15) days
after notice is given, file a petition in the circuit or superior court of
the county in which the person resides. If the person is a nonresident,
the person may file a petition for review in the Marion circuit court.
(b) The petitioner must state facts showing how the order or act
of the bureau is wrongful or unlawful, but the filing of a petition does
not suspend the order or act unless a stay is allowed by a judge of the
court pending final determination of the review on a showing of
reasonable probability that the order or act is wrongful or unlawful.
(c) The court shall, within six (6) months of the date of the filing
of the petition, hear the petition, take testimony, and examine the
facts of the case. The court may, in disposing of the issues, modify,
affirm, or reverse the order or act of the bureau in whole or in part
and shall make an appropriate order. If the petition has not been
heard within six (6) months from the date of the filing, the original
order or act of the bureau shall be reinstated in full force and effect. As added by P.L.2-1991, SEC.18.
IC 9-30-4-4 Filing of petition for review; docketing; issues; venue; costs
Sec. 4. On the filing of a petition for judicial review, the cause
shall be docketed by the clerk of the court in the name of the
petitioner against the bureau. The issues shall be considered closed
by denial of all matters at issue without the necessity of filing any
further pleadings. Changes of venue from the judge or from the
county shall be granted either party under the law governing changes
of venue in civil causes. The bureau is not liable or taxable for any
cost in any action for judicial review. As added by P.L.2-1991, SEC.18.
IC 9-30-4-5 Appeal
Sec. 5. An appeal from the judgment of the court may be
prosecuted by either party to the supreme court as in civil causes if
a notice of intention to appeal is filed with the supreme court within
a period of fifteen (15) days from the date of the judgment, together
with an appeal bond conditioned that the appellant will duly
prosecute the appeal and pay all costs if the decision of the supreme
court is determined against the appellant with surety approved by the
court. No bond is required of the bureau. As added by P.L.2-1991, SEC.18.
IC 9-30-4-6 Suspension or revocation of license, certificate of registration, and
license plates; evidence of registration; offenses; renewal; action by
bureau; conviction; term of suspension; appeal
Sec. 6. (a) Whenever the bureau suspends or revokes the current
driver's license upon receiving a record of the conviction of a person
for any offense under the motor vehicle laws not enumerated under
subsection (b), the bureau may also suspend any of the certificates of
registration and license plates issued for any motor vehicle registered
in the name of the person so convicted. However, the bureau may not
suspend the evidence of registration, unless otherwise required by
law, if the person has given or gives and maintains during the three
(3) years following the date of suspension or revocation proof of
financial responsibility in the future in the manner specified in this
section.
(b) The bureau shall suspend or revoke without notice or hearing
the current driver's license and all certificates of registration and
license plates issued or registered in the name of a person who is
convicted of any of the following:
(1) Manslaughter or reckless homicide resulting from the
operation of a motor vehicle.
(2) Perjury or knowingly making a false affidavit to the
department under this chapter or any other law requiring the
registration of motor vehicles or regulating motor vehicle
operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the
commission of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure
to stop and disclose the person's identity at the scene of an
accident that has resulted in death, personal injury, or property
damage in excess of two hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer,
use, or sale of a controlled substance or counterfeit substance,
or attempting or conspiring to possess, distribute, manufacture,
cultivate, transfer, use, or sell a controlled substance or
counterfeit substance.
(c) The license of a person shall also be suspended upon
conviction in another jurisdiction for any offense described in
subsections (b)(1), (b)(2), (b)(3), (b)(4), and (b)(5), except if
property damage is less than two hundred dollars ($200), the bureau
may determine whether the driver's license and certificates of
registration and license plates shall be suspended or revoked. The
license of a person shall also be suspended upon conviction in
another jurisdiction for any offense described in subsection (b)(6).
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the person and a motor vehicle
may not be registered in the name of the person as follows:
(1) Except as provided in subdivisions (2), (3), (4), and (5), and
subject to section 6.5 of this chapter, for six (6) months from
the date of conviction or on the date on which the person is
otherwise eligible for a license, whichever is later. Except as
provided in IC 35-48-4-15, this includes a person convicted of
a crime for which the person's license is suspended or revoked
under subsection (b)(6).
(2) Subject to section 6.5 of this chapter, upon conviction of an
offense described in subsection (b)(1), for a fixed period of not
less than two (2) years and not more than five (5) years, to be
fixed by the bureau based upon recommendation of the court
entering a conviction. A new or reinstated license may not be
issued to the person unless that person, within the three (3)
years following the expiration of the suspension or revocation,
gives and maintains in force at all times during the effective
period of a new or reinstated license proof of financial
responsibility in the future in the manner specified in this
chapter. However, the liability of the insurance carrier under a
motor vehicle liability policy that is furnished for proof of
financial responsibility in the future as set out in this chapter
becomes absolute whenever loss or damage covered by the
policy occurs, and the satisfaction by the insured of a final
judgment for loss or damage is not a condition precedent to the
right or obligation of the carrier to make payment on account of
loss or damage, but the insurance carrier has the right to settle
a claim covered by the policy. If the settlement is made in good
faith, the amount shall be deductive from the limits of liability
specified in the policy. A policy may not be canceled or
annulled with respect to a loss or damage by an agreement
between the carrier and the insured after the insured has become
responsible for the loss or damage, and a cancellation or
annulment is void. The policy may provide that the insured or
any other person covered by the policy shall reimburse the
insurance carrier for payment made on account of any loss or
damage claim or suit involving a breach of the terms,
provisions, or conditions of the policy. If the policy provides for
limits in excess of the limits specified in this chapter, the
insurance carrier may plead against any plaintiff, with respect
to the amount of the excess limits of liability, any defenses that
the carrier may be entitled to plead against the insured. The
policy may further provide for prorating of the insurance with
other applicable valid and collectible insurance. An action does
not lie against the insurance carrier by or on behalf of any
claimant under the policy until a final judgment has been
obtained after actual trial by or on behalf of any claimant under
the policy.
(3) Subject to section 6.5 of this chapter, for the period ordered
by a court under IC 35-48-4-15.
(4) Subject to section 6.5 of this chapter, if the person is
convicted of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b) and the person:
(A) exceeded the speed limit by at least twenty (20) miles
per hour;
(B) committed criminal recklessness with a vehicle (IC
35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b);
while committing the felony, for one (1) year after the date the
person was convicted. The convicted person has the burden of
applying for a new or renewal license and establishing that the
one (1) year period described in this subdivision and subject to
section 6.5 of this chapter has elapsed.
(5) Subject to section 6.5 of this chapter, if the person is
convicted of a felony involving the use of a motor vehicle under
IC 35-44-3-3(b), the person:
(A) exceeded the speed limit by at least twenty (20) miles
per hour;
(B) committed criminal recklessness with a vehicle (IC
35-42-2-2); or
(C) engaged in aggressive driving (as defined in
IC 9-21-8-55(b);
while committing the felony, and the person has a prior
unrelated conviction for a felony under IC 35-44-3-3(b), for two
(2) years after the date the person was convicted. The convicted
person has the burden of applying for a new or renewal license
and establishing that the two (2) year period described in this
subdivision and subject to section 6.5 of this chapter has
elapsed.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of a person in another
state.
(f) For the purpose of this chapter, "conviction" includes any of
the following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure
the defendant's appearance for trial, unless the forfeiture is
vacated.
(4) A payment of money as a penalty or as costs in accordance
with an agreement between a moving traffic violator and a
traffic violations bureau.
(g) A suspension or revocation under this section or under
IC 9-25-6-8 stands pending appeal of the conviction to a higher court
and may be set aside or modified only upon the receipt by the bureau
of the certificate of the court reversing or modifying the judgment
that the cause has been reversed or modified. However, if the
suspension or revocation follows a conviction in a court of no record
in Indiana, the suspension or revocation is stayed pending appeal of
the conviction to a court of record.
(h) A person aggrieved by an order or act of the bureau under this
section or IC 9-25-6-8 may file a petition for a court review. As added by P.L.2-1991, SEC.18. Amended by P.L.107-1991, SEC.1;
P.L.64-1994, SEC.2; P.L.100-2010, SEC.4.
IC 9-30-4-6.5 Date of license suspension
Sec. 6.5. If a person receives a sentence that includes:
(1) a term of incarceration; and
(2) a license suspension under this chapter;
the license suspension begins on the date the person is released from
incarceration and not on the date the person is convicted. As added by P.L.100-2010, SEC.5.
IC 9-30-4-7 Return of suspended license, certificate of registration, and license
plate to bureau; violation; Class C misdemeanor; seizure by law
enforcement
Sec. 7. (a) A person whose:
(1) operator's or chauffeur's license; or
(2) certificate of registration or license plate;
has been suspended and has not been reinstated shall immediately
return the license, certificate of registration, and license plate to the
bureau. A person who knowingly fails to comply with this
requirement commits a Class C misdemeanor.
(b) The bureau may:
(1) take possession of a license, certificate of registration, or
license plate upon the suspension; or
(2) direct a law enforcement officer to take possession and
return the license, certificate, or license plate to the office of the
bureau.
(c) All law enforcement officers are authorized as agents of the
bureau to seize the license, certificate of registration, and license
plate of a person who fails to surrender the license, certificate, or
license plate. A law enforcement officer shall notify the bureau of the
seizure. As added by P.L.2-1991, SEC.18.
IC 9-30-4-8 Operation of motor vehicle following suspension of certificate of
registration or in violation of a restricted license; Class C
misdemeanor
Sec. 8. (a) A person whose certificate of registration has been
suspended or revoked, with restoration or the issuance of a new
certificate being contingent upon the furnishing of proof of financial
responsibility and who, during the suspension or revocation or in the
absence of full authorization from the bureau, operates the motor
vehicle upon a highway or knowingly permits the motor vehicle to
be operated by another person upon a highway except as permitted
under this chapter commits a Class C misdemeanor.
(b) A person with a restricted license issued by the bureau who
operates a motor vehicle upon a highway in violation of the terms
and conditions specified on the restricted license commits a Class C
misdemeanor. As added by P.L.2-1991, SEC.18.
IC 9-30-4-9 Citation on complaint; hearing; notice; suspension or revocation
of restricted license; failure to appear; evidence; review;
modification, amendment, or cancellation of order
Sec. 9. (a) Upon the filing of a complaint in writing with the
bureau against a person holding a current driver's license or applying
for a current driver's license or a renewal, the bureau may cite the
person for a hearing to consider the suspension or revocation of the
license upon any of the following charges:
(1) That the person has committed an offense for the conviction
of which mandatory revocation of license is provided.
(2) That the person has, by reckless or unlawful operation of a
motor vehicle, caused or contributed to an accident resulting in
death or injury to any other person or property damage.
(3) That the person is incompetent to drive a motor vehicle or
is afflicted with mental or physical infirmities or disabilities
rendering it unsafe for the person to drive a motor vehicle.
(4) That the person is a reckless or negligent driver of a motor
vehicle or has committed a violation of a motor vehicle law.
(b) Whenever the bureau issues a citation upon a complaint in
writing for any of the reasons set out in this section, the bureau shall
immediately notify the licensee or permit holder of the time and
place of the hearing and afford the person an opportunity of a hearing
in the county in which the person so cited and against whom the
complaint is filed resides before the bureau or a deputy or an agent
of the bureau designated for the purpose of the hearing. The citation
must state the time, date, and place where the hearing will be held
and that the licensee or permit holder has the right to appear and to
be heard. At the hearing the bureau or the deputy or agent may issue
an order of suspension or revocation or decline to suspend, revoke,
or issue the license or permit.
(c) The bureau or the deputy or agent may suspend or revoke the
current driver's license of a person and any of the certificates of
registration and license plates for a motor vehicle or require the
person cited to operate for a period of one (1) year under a restricted
license and make the reports the bureau requires.
(d) The bureau or the deputy or agent may subpoena witnesses,
administer oaths, and take testimony. The failure of the defendant to
appear at the time and place of the hearing after notice as provided
in this section does not prevent the hearing, the taking of testimony,
and the determination of the matter.
(e) Testimony or a record of suspension or revocation of a current
driver's license in the custody of the bureau following a hearing is
not admissible as evidence:
(1) in any court in any action at law for negligence; or
(2) in any civil action brought against a person so cited by the
bureau under this chapter.
(f) The bureau may suspend or revoke the license of an Indiana
resident for a period of not more than one (1) year upon receiving
notice of the conviction of the person in another state of an offense
that, if committed in Indiana, would be grounds for the suspension
or revocation of the license. The bureau may, upon receiving a record
of the conviction in Indiana of a nonresident driver of a motor
vehicle of an offense under Indiana motor vehicle laws, forward a
certified copy of the record to the motor vehicle administrator in the
state where the person convicted is a resident.
(g) The bureau may not suspend a current driver's license for more
than one (1) year and upon suspending or revoking any license shall
require that the license be surrendered to the bureau.
(h) A suspension or revocation under this section stands pending
any proceeding for review of an action of the bureau taken under this
section.
(i) In addition to any other power, the bureau may modify, amend,
or cancel any order or determination during the time within which a
judicial review could be had. A person aggrieved by the order or act
may have a judicial review under sections 10 and 11 of this chapter. As added by P.L.2-1991, SEC.18. Amended by P.L.66-1992, SEC.21.
IC 9-30-4-10 Review; petition for rehearing in circuit or superior court
following suspension or revocation by bureau
Sec. 10. (a) A person whose current driver's license or permit or
certificate of registration has been suspended or revoked by the
bureau under section 9 of this chapter may file a petition within thirty
(30) days for a hearing in the matter in a circuit or superior court in
the county in which the person resides. The court has jurisdiction and
shall set the matter for hearing after fifteen (15) days written notice
to the bureau. The court shall conduct a hearing on the petition, take
testimony, and examine into the facts of the case de novo and
determine whether the action of the bureau complained of was
erroneous and make an appropriate order or decree as provided in
this chapter.
(b) Every action for a court review or appeal under this chapter
shall be tried by the court and not by a jury. The court shall, without
any requests, make, sign, and file a special finding of facts in writing
and shall state in writing its conclusions of law. The court shall
immediately, after ruling on any motion for a new trial duly filed,
render judgment in accordance with the conclusions of law stated in
the special findings of facts. Exceptions to conclusions of law may
be taken by an entry of the exceptions at any time before judgment. As added by P.L.2-1991, SEC.18.
IC 9-30-4-11 Review procedures; issues; venue; costs; notice of intention; scope
of review
Sec. 11. (a) On the filing of a petition under section 10 of this
chapter for judicial review, the cause shall be docketed by the clerk
of the court in the name of the petitioner against the bureau. The
issues shall be considered closed by denial of all matters at issue
without the necessity of filing any further pleadings. Changes of
venue from the judge or from the county shall be granted either party
under the law governing changes of venue in civil causes. The bureau
is not liable or taxable for any costs in any action for judicial review.
(b) An appeal from the judgment of the court may be prosecuted
by either party as in civil causes, provided a notice of intention to
appeal is filed with the court within fifteen (15) days from the date
of the judgment, together with an appeal bond conditioned that the
appellant will duly prosecute the appeal and pay all costs if the
decision of the court having appellate jurisdiction over the appeal is
determined against the appellant with surety approved by the court.
A bond is not required of the bureau.
(c) IC 4-21.5 does not apply to this chapter. A court does not have
jurisdiction to review any order or act of the bureau except as
provided for in this chapter, any other law to the contrary, regardless
of the date of enactment of the other law. As added by P.L.2-1991, SEC.18.
IC 9-30-4-12 Effect of suspension of driving privileges or drivers' licenses
Sec. 12. (a) Any court judgment, court order, or administrative
proceeding that results in a suspension of a person's driving
privileges also suspends any driver's license or permit held by the
person.
(b) Any court judgment, court order, or administrative proceeding
that results in a suspension of a person's driver's license or permit
also suspends the person's driving privileges.
As added by P.L.2-1991, SEC.18.
IC 9-30-4-13 Notice procedures; failure to answer; Class C misdemeanor
Sec. 13. (a) Whenever the bureau is authorized or required to give
notice under this chapter or any other law regulating the operation of
vehicles, unless a different method of giving notice is otherwise
expressly prescribed, the notice may be given either by personal
delivery to the person to be notified or by deposit with the United
States Postal Service of the notice by first class mail.
(b) A person who, after notification, fails to return or surrender to
the bureau upon demand a suspended, revoked, or canceled current
driver's license or certificate of registration commits a Class C
misdemeanor. The bureau may file an affidavit with the prosecuting
attorney of the county in which the person resides charging the
person with the offense. As added by P.L.2-1991, SEC.18.
IC 9-30-4-14 Rules; adoption
Sec. 14. The bureau may adopt rules under IC 4-22-2 to
administer this chapter. As added by P.L.2-1991, SEC.18.
IC 9-30-4-15 Violations; Class C infraction
Sec. 15. A person who violates a provision of this chapter for
which another penalty is not prescribed by law commits a Class C
infraction. As added by P.L.2-1991, SEC.18.
