2014 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 25. FINANCIAL RESPONSIBILITY
CHAPTER 8. PENALTIES


Download as PDF IC 9-25-8 Chapter 8. Penalties IC 9-25-8-0.1 Repealed (Repealed by P.L.63-2012, SEC.12.) IC 9-25-8-1 Application of chapter Sec. 1. This chapter does not apply to the following: (1) Persons who have obtained a certificate of self-insurance under IC 9-25-4-11. (2) Operators of government owned vehicles. (3) Persons who are exempt under IC 9-25-1-2. As added by P.L.2-1991, SEC.13. Amended by P.L.125-2012, SEC.280. IC 9-25-8-2 Version a Operating or permitting operation of vehicle without proving financial responsibilities; classification of violation; court recommendation of suspension of driving privileges Note: This version of section effective until 1-1-2015. See also following version of this section, effective 1-1-2015. Sec. 2. (a) A person who knowingly: (1) operates; or (2) permits the operation of; a motor vehicle on a public highway in Indiana without financial responsibility in effect as set forth in IC 9-25-4-4 commits a Class A infraction. However, the offense is a Class C misdemeanor if the person knowingly or intentionally violates this section and has a prior unrelated conviction or judgment under this section. (b) Subsection (a)(2) applies to: (1) the owner of a rental company under IC 9-25-6-3(f)(1); and (2) an employer under IC 9-25-6-3(f)(2). (c) In addition to any other penalty imposed on a person for violating this section, the court shall recommend the suspension of the person's driving privileges for at least ninety (90) days but not more than one (1) year. However, if, within the five (5) years preceding the conviction under this section, the person had a prior unrelated conviction under this section, the court shall recommend the suspension of the person's driving privileges for one (1) year. (d) Upon receiving the recommendation of the court under subsection (c), the bureau shall suspend the person's driving privileges for the period recommended by the court. If no suspension is recommended by the court, or if the court recommends a fixed term that is less than the minimum term required by statute, the bureau shall impose the minimum period of suspension required under this article. As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.8; P.L.100-1997, SEC.1; P.L.157-2003, SEC.2; P.L.125-2012, SEC.281; P.L.59-2013, SEC.30. IC 9-25-8-2 Version b Operating or permitting operation without financial responsibility; court recommendation; suspension Note: This version of section effective 1-1-2015. See also preceding version of this section, effective until 1-1-2015. Sec. 2. (a) A person who knowingly: (1) operates; or (2) permits the operation of; a motor vehicle on a public highway in Indiana without financial responsibility in effect as set forth in IC 9-25-4-4 commits a Class A infraction. However, the offense is a Class C misdemeanor if the person knowingly or intentionally violates this section and has a prior unrelated conviction or judgment under this section. (b) Subsection (a)(2) applies to: (1) the owner of a rental company under IC 9-25-6-3(f)(1); and (2) an employer under IC 9-25-6-3(f)(2). (c) In addition to any other penalty imposed on a person for violating this section, the court shall recommend the suspension of the person's driving privileges for at least ninety (90) days but not more than one (1) year. However, if, within the five (5) years preceding the conviction under this section, the person had a prior unrelated conviction under this section, the court shall recommend the suspension of the person's driving privileges and vehicle registration for one (1) year. (d) Upon receiving the recommendation of the court under subsection (c), the bureau shall suspend the person's driving privileges and vehicle registration, as applicable, for the period recommended by the court. If no suspension is recommended by the court, or if the court recommends a fixed term that is less than the minimum term required by statute, the bureau shall impose the minimum period of suspension required under this article. As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.8; P.L.100-1997, SEC.1; P.L.157-2003, SEC.2; P.L.125-2012, SEC.281; P.L.59-2013, SEC.30; P.L.10-2014, SEC.3. IC 9-25-8-3 Rules Sec. 3. The commissioner may adopt rules under IC 4-22-2 necessary to implement this chapter. As added by P.L.2-1991, SEC.13. IC 9-25-8-4 Notification to prosecuting attorney of driving privileges suspension not required Sec. 4. The commissioner is not required to notify the prosecuting attorney of a driver who has had driving privileges suspended for failure to prove financial responsibility under this article. As added by P.L.2-1991, SEC.13. Amended by P.L.125-2012, SEC.282. IC 9-25-8-5 Financial responsibility violations; assessment of points by bureau Sec. 5. (a) For purposes of the point system for Indiana traffic convictions operated by the bureau under 140 IAC 1-4.5, the bureau shall assess points against a person who registers or operates a motor vehicle in violation of IC 9-25-4-1. The bureau shall assess points against a person under this subsection for each violation of IC 9-25-4-1 committed by the person. (b) The number of points assessed for each violation of IC 9-25-4-1 shall be determined by the point study committee appointed by the commissioner based on the evaluation by the committee of the harm done to Indiana and the citizens of Indiana through the violation of IC 9-25-4-1. As added by P.L.59-1994, SEC.9. IC 9-25-8-6 Version a Proof of future financial responsibility Note: This version of section effective until 1-1-2015. See also following version of this section, effective 1-1-2015. Sec. 6. (a) This section applies to a person: (1) who is convicted of; (2) against whom a judgment is entered for; (3) against whom the bureau has taken administrative action for; or (4) who the bureau otherwise determines was; operating a motor vehicle without financial responsibility in violation of this article. (b) A person described in subsection (a) must provide proof of future financial responsibility for a period of three (3) years beginning on the date on which the suspension of the person's driving privileges terminates. As added by P.L.59-2013, SEC.31. IC 9-25-8-6 Version b Proof of future financial responsibility Note: This version of section effective 1-1-2015. See also preceding version of this section, effective until 1-1-2015. Sec. 6. (a) This section applies to a person: (1) who is convicted of; (2) against whom a judgment is entered for; (3) against whom the bureau has taken administrative action for; or (4) who the bureau otherwise determines was; operating a motor vehicle without financial responsibility in violation of this article. (b) A person described in subsection (a) must provide proof of future financial responsibility: (1) for a first or second offense, for a period of three (3) years; or (2) for a third or subsequent offense, for a period of five (5) years; beginning on the date on which the suspension of the person's driving privileges terminates. As added by P.L.59-2013, SEC.31. Amended by P.L.10-2014, SEC.4.

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