2014 Indiana Code TITLE 9. MOTOR VEHICLES ARTICLE 25. FINANCIAL RESPONSIBILITY CHAPTER 6. SUSPENSION OF DRIVING PRIVILEGES AND VEHICLE REGISTRATIONS
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IC 9-25-6
Chapter 6. Suspension of Driving Privileges and Vehicle
Registrations
IC 9-25-6-0.5
Bureau compliance with court orders
Effective 1-1-2015.
Sec. 0.5. If a court orders the suspension of a person's driving
privileges, the bureau shall suspend the person's driving privileges in
accordance with the court order, even if the court's order conflicts
with a previous bureau action.
As added by P.L.217-2014, SEC.101.
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 for 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 motor vehicle or
the operation of the motor vehicle at the time of the accident
described in the accident report;
the bureau may not suspend the person's driving privileges.
(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 or
the operation of 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 driving privileges.
(c) If:
(1) the bureau receives a certificate of compliance for a person
identified under IC 9-25-10 (before its repeal) 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 motor vehicle or
the operation of the motor vehicle for the date requested;
the bureau may not suspend the driving privileges of the person.
As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.5;
P.L.125-2012, SEC.257; P.L.59-2013, SEC.18.
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 for
a person identified under IC 9-25 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 immediately suspend the person's driving
privileges or motor vehicle registration, or both, as determined by the
bureau, for at least ninety (90) days and not more than one (1) year.
As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.6;
P.L.125-2012, SEC.258; P.L.59-2013, SEC.19.
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 for 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 or operation of the motor vehicle by the
person on the date of the accident referred to in IC 9-25-5-2;
the bureau shall take action under subsection (d).
(b) If the bureau:
(1) does not receive a certificate of compliance for 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 or
operation of 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 (d).
(c) If the bureau:
(1) does not receive a certificate of compliance for a person
presented with a request under IC 9-25-10 (before its repeal) not
later than 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 on the date requested;
the bureau shall take action under subsection (d).
(d) Under the conditions set forth in subsection (a), (b), or (c), the
bureau shall immediately suspend the person's driving privileges or
motor vehicle registration, or both, as determined by the bureau, for
at least ninety (90) days and not more than one (1) year.
(e) Except as provided in subsection (f), if subsection (a), (b), or
(c) applies to a person, the bureau shall suspend the driving
privileges 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.
(f) The bureau shall not suspend the driving privileges of a person
to which subsection (a), (b), or (c) 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) or (c) 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; P.L.125-2012, SEC.259; P.L.59-2013,
SEC.20.
IC 9-25-6-3.5
Multiple violations; suspension of driving privileges or registration
Sec. 3.5. If a person violates:
(1) IC 9-25-4;
(2) IC 9-25-5;
(3) section 2 or 3 of this chapter; or
(4) IC 9-25-10 (before its repeal);
more than one (1) time within a three (3) year period, the person's
driving privileges or motor vehicle registration may be suspended for
not more than one (1) year.
As added by P.L.105-1991, SEC.2. Amended by P.L.125-2012,
SEC.260; P.L.59-2013, SEC.21.
IC 9-25-6-4
Failure to satisfy judgment; suspension of driving privileges
Sec. 4. (a) This section does not apply to judgments entered by a
court 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 judgment the driving privileges of a person
upon receiving a verified report that the person has failed for a period
of ninety (90) days to satisfy a judgment.
As added by P.L.2-1991, SEC.13. Amended by P.L.125-2012,
SEC.261; P.L.59-2013, SEC.22.
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; allowing driving privileges
and registration to judgment debtor on consent of judgment
creditor
Sec. 6. (a) The bureau may not suspend the driving privileges of
a person and shall reinstate the driving privileges of a person
following nonpayment of a judgment whenever a judgment debtor
does the following:
(1) Gives proof that the judgment debtor will maintain financial
responsibility in the future for at least three (3) years following
reinstatement.
(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 driving
privileges 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. Suspended driving
privileges may not be reinstated until evidence of proof of future
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 driving privileges and registration, the driving privileges and
registration may be allowed by the bureau at the bureau's discretion.
The driving privileges and registration may be renewed until the
consent is revoked in writing if the judgment debtor furnishes proof
under this article that the judgment debtor will maintain financial
responsibility in the future for at least three (3) years following
reinstatement.
As added by P.L.2-1991, SEC.13. Amended by P.L.125-2012,
SEC.262.
IC 9-25-6-7
Duration of suspension for failure to satisfy judgment
Sec. 7. 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 future financial
responsibility for three (3) years, as provided in this article.
As added by P.L.2-1991, SEC.13. Amended by P.L.125-2012,
SEC.263.
IC 9-25-6-8
Repealed
(Repealed by P.L.125-2012, SEC.264.)
IC 9-25-6-9
Certified abstract of record of judgment for damages
Sec. 9. The court 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 driving privileges 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. Amended by P.L.125-2012,
SEC.265.
IC 9-25-6-10
Repealed
(Repealed by P.L.125-2012, SEC.266.)
IC 9-25-6-11
Repealed
(Repealed by P.L.125-2012, SEC.267.)
IC 9-25-6-12
Proof of financial responsibility indicating insured not covered
when operating vehicle not owned by insured
Sec. 12. Whenever proof of financial responsibility 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.
As added by P.L.2-1991, SEC.13. Amended by P.L.125-2012,
SEC.268.
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.
As added by P.L.2-1991, SEC.13. Amended by P.L.125-2012,
SEC.269.
IC 9-25-6-14
Renewal of driving privileges or registration
Sec. 14. (a) The bureau shall reinstate the driving privileges or
motor vehicle registration, or both:
(1) subject to section 15 of this chapter, after expiration of the
imposed period of suspension if the person has furnished the
bureau with proof of future financial responsibility; or
(2) if financial responsibility was in effect with respect to a
motor vehicle on the date requested but the bureau does not
receive a certificate of compliance indicating this fact until after
the person's driving privileges are suspended under this article,
the person's driving privileges shall be reinstated when the
bureau receives the certificate of compliance.
(b) Upon receipt of a certificate of compliance under this section,
the bureau shall remove from the person's driving record 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; P.L.125-2012, SEC.270; P.L.59-2013,
SEC.23.
IC 9-25-6-15
Driving privileges reinstatement fee
Sec. 15. A person:
(1) whose driving privileges are suspended under this article;
and
(2) who seeks the reinstatement of the driving privileges;
must pay a reinstatement fee to the bureau as provided in
IC 9-29-10-1.
As added by P.L.2-1991, SEC.13. Amended by P.L.80-2010, SEC.13;
P.L.125-2012, SEC.271.
IC 9-25-6-16
Review of suspension of driving privileges
Sec. 16. (a) A person whose driving privileges are suspended
under this article may notify the bureau, in writing, that the bureau's
records contain a material error with respect to the suspension of the
person's driving privileges. The bureau shall, within thirty (30) days
after the date on which the bureau receives the notice, determine
whether a material error was made with respect to the suspension of
the person's driving privileges.
(b) If the bureau determines that a material error was made with
respect to the suspension of the person's driving privileges, the
bureau shall reinstate the person's driving privileges.
(c) If applicable, the bureau shall notify the prosecuting attorney
of the county where the suspension originated that the bureau has
determined that a material error exists. The prosecuting attorney is
entitled to respond to the bureau's determination.
(d) An action taken or a determination made by the bureau under
this section is not subject to IC 4-21.5. However, the person may file
a petition for judicial review under this chapter.
As added by P.L.2-1991, SEC.13. Amended by P.L.125-2012,
SEC.272; P.L.59-2013, SEC.24.
IC 9-25-6-17
Repealed
(Repealed by P.L.125-2012, SEC.273.)
IC 9-25-6-18 Version a
Forging or signing without authority; certificate serving as proof
of financial responsibility; filing or offering for filing; classification
of violation
Note: This version of section effective until 1-1-2015. See also
following repeal of this section, effective 1-1-2015.
Sec. 18. A person who:
(1) forges or without authority signs or approves 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. Amended by P.L.125-2012,
SEC.274.
IC 9-25-6-18 Version b
Repealed
(Repealed by P.L.217-2014, SEC.102.)
Note: This repeal of section effective 1-1-2015. See also
preceding version of this section, effective until 1-1-2015.
IC 9-25-6-19
Repealed
(Repealed by P.L.125-2012, SEC.275.)
IC 9-25-6-19.2
False evidence of financial responsibility
Sec. 19.2. The bureau may suspend the driving privileges or
registration of a motor vehicle, or both, of a person who provides the
bureau with false evidence of financial responsibility under this
article.
As added by P.L.125-1995, SEC.10. Amended by P.L.125-2012,
SEC.276; P.L.59-2013, SEC.25.
IC 9-25-6-20
Repealed
(Repealed by P.L.125-2012, SEC.277.)
IC 9-25-6-21
Repealed
(Repealed by P.L.125-2012, SEC.278.)
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