2016 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 21. TRAFFIC REGULATION
CHAPTER 3.5. AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM
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IC 9-21-3.5
Chapter 3.5. Automated Traffic Law Enforcement System
IC 9-21-3.5-1
"Authority"
Sec. 1. As used in this chapter, "authority" refers to the Indiana
finance authority.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-2
"Automated traffic law enforcement system"
Sec. 2. As used in this chapter, "automated traffic law
enforcement system" means a device that:
(1) has one (1) or more motor vehicle sensors; and
(2) is capable of producing a photographically recorded image
of a motor vehicle, including an image of the vehicle's front or
rear license plate, as the vehicle proceeds through a tollgate, toll
zone, or other area on a tollway, qualifying project, private toll
facility, or toll road that is marked as required by the
department, the authority, or an operator as a place where a
person using the tollway, qualifying project, private toll facility,
or toll road must pay a toll.
As added by P.L.47-2006, SEC.45. Amended by P.L.152-2015,
SEC.2.
IC 9-21-3.5-3
"Department"
Sec. 3. As used in this chapter, "department" refers to the Indiana
department of transportation.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-3.5
"Fee"
Sec. 3.5. As used in this chapter, "fee" means an amount assessed
or imposed under:
(1) rules adopted under section 10(a)(4) of this chapter; or
(2) section 14(a)(2) of this chapter;
with respect to a toll violation.
As added by P.L.152-2015, SEC.3.
IC 9-21-3.5-4
"Operator"
Sec. 4. As used in this chapter, "operator" means:
(1) with respect to a tollway, qualifying project, or toll road, an
operator (as defined in IC 8-15.5-2-5 or IC 8-15.7-2-11); or
(2) with respect to a private toll facility, a private entity that
owns or operates the private toll facility.
As added by P.L.47-2006, SEC.45. Amended by P.L.152-2015,
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SEC.4.
IC 9-21-3.5-5
"Owner"
Sec. 5. As used in this chapter, "owner" means a person in whose
name a motor vehicle is registered under:
(1) IC 9-18;
(2) the laws of another state;
(3) the laws of a foreign country; or
(4) the International Registration Plan.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-5.5
"Private toll facility"
Sec. 5.5. As used in this chapter, "private toll facility" means any
new or existing highway, street, motorway, road, or bridge owned or
operated by a private entity, including all tunnels, overpasses,
underpasses, interchanges, entrance plazas, approaches, tollhouses,
service stations, and administration, storage, and other buildings and
facilities necessary or desirable for the operation of the private toll
facility, together with all property, rights, easements, and interests
which may be acquired by the private entity for the construction or
operation of the facility. "Private toll facility" includes any
subsequent improvement, betterment, enlargement, extension, or
reconstruction of an existing private toll facility.
As added by P.L.152-2015, SEC.5.
IC 9-21-3.5-6
"Qualifying project"
Sec. 6. As used in this chapter, "qualifying project" has the
meaning set forth in IC 8-15.7-2-16.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-7
"Toll road"
Sec. 7. As used in this chapter, "toll road" has the meaning set
forth for "toll road project" in IC 8-15-2-4(4).
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-7.5
"Toll violation"
Sec. 7.5. As used in this chapter, "toll violation" refers to the
failure to pay a toll or user fee required under section 9 or 9.1 of this
chapter.
As added by P.L.152-2015, SEC.6.
IC 9-21-3.5-8
"Tollway"
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Sec. 8. As used in this chapter, "tollway" has the meaning set
forth in IC 8-15-3-7.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-9
Payment of toll by owner required
Sec. 9. (a) The owner of a motor vehicle, other than an authorized
emergency vehicle, that is driven or towed through a toll collection
facility on a toll road, tollway, or qualifying project shall pay the
proper toll or user fee.
(b) A person who violates subsection (a) commits a moving
violation, a Class C infraction.
As added by P.L.47-2006, SEC.45. Amended by P.L.163-2011,
SEC.20.
IC 9-21-3.5-9.1
Payment of toll or user fee on private toll facility
Sec. 9.1. The owner of a motor vehicle, other than an authorized
emergency vehicle, that is driven or towed through or on a private
toll facility shall pay the proper toll or user fee.
As added by P.L.152-2015, SEC.7.
IC 9-21-3.5-10
Rules concerning automated traffic law enforcement systems at
facilities other than private toll facilities
Sec. 10. (a) The department or the authority may adopt and
enforce rules concerning:
(1) the placement and use of automated traffic law enforcement
systems to enforce collection of user fees;
(2) required notification in the form of a citation to the owner
of a vehicle used in the commission of a moving violation under
section 9 of this chapter;
(3) the process for notification, collection, and enforcement of
unpaid amounts;
(4) the amount of fines, charges, and assessments for toll
violations, including, with respect to amounts unpaid by
violators who are not subject to IC 9-18-2-17(b):
(A) contracting with a collection agency; and
(B) authorizing the collection agency in the contract for
collection services to impose on and collect from the violator
an additional collection fee; and
(5) other matters relating to automated traffic law enforcement
systems that the department or the authority considers
appropriate.
(b) A rule adopted under subsection (a)(2) must establish:
(1) a deadline for the department, authority, or operator, as
applicable, to issue a citation to an owner of a vehicle used in
the commission of a moving violation under section 9 of this
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chapter; and
(2) a deadline, not to exceed thirty (30) days following receipt
of the citation as determined under section 12(2) of this chapter,
for the owner to pay a fine, charge, or other assessment for the
toll violation.
(c) The department or the authority shall establish a process by
which the department, authority, or operator, as applicable, shall
notify the bureau of an owner's failure to pay a fine, charge, or other
assessment for a toll violation following the expiration of the
deadline described in subsection (b)(2).
(d) This section does not apply with respect to a private toll
facility.
As added by P.L.47-2006, SEC.45. Amended by P.L.163-2011,
SEC.21; P.L.152-2015, SEC.8.
IC 9-21-3.5-11
Advance warning signs
Sec. 11. (a) Before enforcing a rule adopted under section 10 of
this chapter, the department, the authority, or an operator must install
advance warning signs along the tollways, toll roads, or qualifying
projects proceeding to the location at which an automated traffic law
enforcement system is located.
(b) Before imposing or collecting a toll or fee under section 14 of
this chapter, an operator must install advance warning signs along the
private toll facility proceeding to the location at which an automated
traffic law enforcement system is located.
As added by P.L.47-2006, SEC.45. Amended by P.L.152-2015,
SEC.9.
IC 9-21-3.5-12
Enforcement of toll violations
Sec. 12. In the enforcement of a toll violation, including the
collection of fees:
(1) proof that the motor vehicle was driven or towed through
the toll collection or private toll facility without payment of the
proper toll or user fee may be shown by a video recording, a
photograph, an electronic recording, or other appropriate
evidence, including evidence obtained by an automated traffic
law enforcement system;
(2) it is presumed that any notice of nonpayment was received
on the fifth day after the date of mailing; and
(3) a computer record of the department, the authority, or the
operator regarding the registered owner of the vehicle is prima
facie evidence of its contents and that the toll violator was the
registered owner of the vehicle at the time of the underlying
event of nonpayment.
As added by P.L.47-2006, SEC.45. Amended by P.L.152-2015,
SEC.10.
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IC 9-21-3.5-13
Seizure of transponders
Sec. 13. (a) For purposes of this section, "transponder" means a
device, placed on or within a motor vehicle, that is capable of
transmitting information used to assess or collect tolls. A transponder
is "insufficiently funded" when there are no remaining funds in the
account in connection with which the transponder was issued.
(b) Any police officer of Indiana may seize a stolen or
insufficiently funded transponder and return it to the department, the
authority, or an operator, except that an insufficiently funded
transponder may not be seized from the holder of an account sooner
than the thirtieth day after the date the department, the authority, or
an operator has sent a notice of delinquency to the holder of the
account.
(c) The department or the authority may enter into an agreement
with one (1) or more persons to market and sell transponders for use
on tollways, toll roads, or qualifying projects.
(d) The department, the authority, or an operator may charge
reasonable fees for initiating, administering, and maintaining
electronic toll collection customer accounts.
(e) Electronic toll collection customer account information,
including contact and payment information and trip data, is
confidential and not subject to disclosure under IC 5-14-3. A contract
for the acquisition, construction, maintenance, or operation of a
tollway, toll road, or qualifying project must ensure the
confidentiality of all electronic toll collection customer account
information.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-14
Powers of operator of private toll facility
Sec. 14. (a) The operator of a private toll facility may do the
following:
(1) Fix, revise, charge, and collect tolls for the use of a private
toll facility by any person, partnership, association, limited
liability company, or corporation desiring the use of any part of
the private toll facility, including the right of way adjoining the
paved portion of the private toll facility. For purposes of this
subdivision, the use of a private toll facility includes the
placement of telephone, telegraph, electric, or power lines on
any part of the private toll facility.
(2) Fix the terms, conditions, and rates of charge for use of the
private toll facility, including fees for nonpayment of required
tolls. However, a fee imposed for nonpayment of a required toll
may not exceed fifty dollars ($50) for each unpaid toll.
(3) Collect tolls and fees through manual or nonmanual
methods, including automated traffic law enforcement systems,
automatic vehicle identification systems, electronic toll
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collection systems, global positioning systems, and photo or
video based toll collection or toll collection enforcement
systems.
(b) The operator of a private toll facility may not impose a fee
under subsection (a)(2) for nonpayment of a required toll until the
operator has provided notice of the unpaid toll to the toll violator in
accordance with notice requirements published on the Internet web
site of the private toll facility. The operator shall include with the
notice of the unpaid toll a summary of the notice requirements
published on the Internet web site of the private toll facility.
As added by P.L.152-2015, SEC.11.
IC 9-21-3.5-15
Agreement between operator and bureau
Sec. 15. (a) The operator of a private toll facility may enter into
an agreement with the bureau to obtain information under IC 9-14-12
necessary to enforce violations of section 9.1 of this chapter,
including information regarding the registered owner of a vehicle
operated in violation of section 9.1 of this chapter.
(b) The bureau may use any reciprocal arrangement that applies
to the bureau to obtain information for purposes of subsection (a).
(c) An operator may use information provided under this section
only for the purposes of this section.
(d) The operator of a private toll facility shall inform the bureau
of the operator's process to notify the bureau of an owner's failure to
pay a fine, charge, fee, or other assessment for a toll violation
following the expiration of the deadline for payment of the fine,
charge, fee, or other assessment as set forth in the operator's notice
requirements published on the Internet web site of the private toll
facility under section 14(b) of this chapter.
As added by P.L.152-2015, SEC.12. Amended by P.L.198-2016,
SEC.362.
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