2016 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 21. TRAFFIC REGULATION
CHAPTER 5. SPEED LIMITS
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IC 9-21-5
Chapter 5. Speed Limits
IC 9-21-5-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to section 11 of this chapter by
P.L.40-2007 apply to civil judgments entered for infractions
committed after June 30, 2007.
As added by P.L.220-2011, SEC.216.
IC 9-21-5-1
General restrictions; violation
Sec. 1. (a) A person may not drive a vehicle on a highway at a
speed greater than is reasonable and prudent under the conditions,
having regard to the actual and potential hazards then existing. Speed
shall be restricted as necessary to avoid colliding with a person,
vehicle, or other conveyance on, near, or entering a highway in
compliance with legal requirements and with the duty of all persons
to use due care.
(b) A person who drives at a speed greater than is reasonable and
prudent for the given weather or road conditions commits a Class C
infraction.
As added by P.L.2-1991, SEC.9. Amended by P.L.188-2015, SEC.62.
IC 9-21-5-2
Maximum speed limits; violation
Sec. 2. (a) Except when a special hazard exists that requires lower
speed for compliance with section 1 of this chapter, the slower speed
limit specified in this section or established as authorized by section
3 of this chapter is the maximum lawful speed. A person may not
drive a vehicle on a highway at a speed in excess of the following
maximum limits:
(1) Thirty (30) miles per hour in an urban district.
(2) Fifty-five (55) miles per hour, except as provided in
subdivisions (1), (3), (4), (5), (6), and (7).
(3) Seventy (70) miles per hour on a highway on the national
system of interstate and defense highways located outside of an
urbanized area (as defined in 23 U.S.C. 101) with a population
of at least fifty thousand (50,000), except as provided in
subdivision (4).
(4) Sixty-five (65) miles per hour for a vehicle (other than a
bus) having a declared gross weight greater than twenty-six
thousand (26,000) pounds on a highway on the national system
of interstate and defense highways located outside an urbanized
area (as defined in 23 U.S.C. 101) with a population of at least
fifty thousand (50,000).
(5) Sixty-five (65) miles per hour on:
(A) U.S. 20 from the intersection of U.S. 20 and County
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Road 17 in Elkhart County to the intersection of U.S. 20 and
U.S. 31 in St. Joseph County;
(B) U.S. 31 from the intersection of U.S. 31 and U.S. 20 in
St. Joseph County to the boundary line between Indiana and
Michigan; and
(C) a highway classified by the Indiana department of
transportation as an INDOT Freeway.
(6) On a highway that is the responsibility of the Indiana
finance authority established by IC 4-4-11:
(A) seventy (70) miles per hour for:
(i) a motor vehicle having a declared gross weight of not
more than twenty-six thousand (26,000) pounds; or
(ii) a bus; or
(B) sixty-five (65) miles per hour for a motor vehicle having
a declared gross weight greater than twenty-six thousand
(26,000) pounds.
(7) Sixty (60) miles per hour on a highway that:
(A) is not designated as a part of the national system of
interstate and defense highways;
(B) has four (4) or more lanes;
(C) is divided into two (2) or more roadways by:
(i) an intervening space that is unimproved and not
intended for vehicular travel;
(ii) a physical barrier; or
(iii) a dividing section constructed to impede vehicular
traffic; and
(D) is located outside an urbanized area (as defined in 23
U.S.C. 101) with a population of at least fifty thousand
(50,000).
(8) Fifteen (15) miles per hour in an alley.
(b) A person who violates subsection (a) commits a Class C
infraction.
As added by P.L.2-1991, SEC.9. Amended by P.L.92-1991, SEC.2;
P.L.1-1993, SEC.56; P.L.151-2005, SEC.2; P.L.1-2006, SEC.163;
P.L.188-2015, SEC.63.
IC 9-21-5-3
Alteration of maximum speed limits; authorities; procedures
Sec. 3. The maximum speed limits set forth in section 2 of this
chapter may be altered as follows:
(1) By local jurisdictions under section 6 of this chapter.
(2) By the Indiana department of transportation under section
12 of this chapter.
(3) For the purposes of speed limits on a highway on the
national system of interstate and defense highways, by order of
the commissioner of the Indiana department of transportation to
conform to any federal regulation concerning state speed limit
laws.
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(4) In worksites, by all jurisdictions under section 11 of this
chapter.
As added by P.L.2-1991, SEC.9. Amended by P.L.235-2005,
SEC.124; P.L.151-2005, SEC.3; P.L.1-2006, SEC.164.
IC 9-21-5-4
Reduction of speed; conditions where required; violation
Sec. 4. (a) The driver of each vehicle shall, consistent with section
1 of this chapter, drive at an appropriate reduced speed as follows:
(1) When approaching and crossing an intersection or railway
grade crossing.
(2) When approaching and going around a curve.
(3) When approaching a hill crest.
(4) When traveling upon a narrow or winding roadway.
(5) When special hazard exists with respect to pedestrians or
other traffic or by reason of weather or highway conditions.
(b) A person who fails to drive at a reduced speed as required
under subsection (a) commits a Class C infraction.
As added by P.L.2-1991, SEC.9. Amended by P.L.188-2015, SEC.64.
IC 9-21-5-5
Oversized vehicles; violation
Sec. 5. (a) In addition to the other limitations in this chapter, and
in any oversize vehicle permit issued under IC 9-20, a vehicle that
exceeds:
(1) a width of ten (10) feet, six (6) inches;
(2) a height of thirteen (13) feet, six (6) inches; or
(3) a length of eighty-five (85) feet;
may not be operated at a speed greater than fifty-five (55) miles per
hour.
(b) A person who operates a vehicle to which subsection (a)
applies at a speed greater than fifty-five (55) miles per hour commits
a Class C infraction.
As added by P.L.2-1991, SEC.9. Amended by P.L.85-1997, SEC.2;
P.L.217-2003, SEC.7; P.L.188-2015, SEC.65.
IC 9-21-5-6
Speed limits greater or lesser than reasonable; alteration by local
authority; engineering and traffic investigations; validity of speed
limits; conditions; violation
Sec. 6. (a) Except as provided in subsections (e) and (f), whenever
a local authority in the authority's jurisdiction determines that the
maximum speed permitted under this chapter is greater or less than
reasonable and safe under the conditions found to exist on a highway
or part of a highway, the local authority may determine and declare
a reasonable and safe maximum limit on the highway. The maximum
limit declared under this section may do any of the following:
(1) Decrease the limit within urban districts, but not to less than
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twenty (20) miles per hour.
(2) Increase the limit within an urban district, but not to more
than fifty-five (55) miles per hour during daytime and fifty (50)
miles per hour during nighttime.
(3) Decrease the limit outside an urban district, but not to less
than thirty (30) miles per hour.
(4) Decrease the limit in an alley, but to not less than five (5)
miles per hour.
(5) Increase the limit in an alley, but to not more than thirty (30)
miles per hour.
The local authority must perform an engineering and traffic
investigation before a determination may be made to change a speed
limit under subdivision (2), (3), (4), or (5) or before the speed limit
within an urban district may be decreased to less than twenty-five
(25) miles per hour under subdivision (1).
(b) Except as provided in subsection (f), a local authority in the
authority's jurisdiction shall determine by an engineering and traffic
investigation the proper maximum speed for all local streets and shall
declare a reasonable and safe maximum speed permitted under this
chapter for an urban district. However, an engineering and traffic
study is not required to be performed for the local streets in an urban
district under this subsection if the local authority determines that the
proper maximum speed in the urban district is not less than
twenty-five (25) miles per hour.
(c) An altered limit established under this section is effective at
all times or during hours of darkness or at other times as may be
determined when appropriate signs giving notice of the altered limit
are erected on the street or highway.
(d) Except as provided in this subsection, a local authority may
not alter a speed limit on a highway or extension of a highway in the
state highway system. A city or town may establish speed limits on
state highways upon which a school is located. A person who
violates the speed limit in a reduced speed zone commits a Class B
infraction. However, a speed limit established under this subsection
is valid only if the following conditions exist:
(1) The limit is not less than twenty (20) miles per hour.
(2) The limit is imposed only in the immediate vicinity of the
school.
(3) Children are present.
(4) The speed zone is properly signed.There must be:
(A) a sign located:
(i) where the reduced speed zone begins; or
(ii) as near as practical to the point where the reduced
speed zone begins;
indicating the reduced speed limit; and
(B) a sign located at the end of the reduced speed zone
indicating:
(i) the speed limit for the section of highway that follows;
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or
(ii) the end of the reduced speed zone.
(5) The Indiana department of transportation has been notified
of the limit imposed by certified mail.
(e) A local authority may decrease a limit on a street to not less
than fifteen (15) miles per hour if the following conditions exist:
(1) The street is located within a park or playground established
under IC 36-10.
(2) The:
(A) board established under IC 36-10-3;
(B) board established under IC 36-10-4; or
(C) park authority established under IC 36-10-5;
requests the local authority to decrease the limit.
(3) The speed zone is properly signed.
(f) A city, town, or county may establish speed limits on a street
or highway upon which a school is located if the street or highway
is under the jurisdiction of the city, town, or county, respectively.
However, a speed limit established under this subsection is valid only
if the following conditions exist:
(1) The limit is not less than twenty (20) miles per hour.
(2) The limit is imposed only in the immediate vicinity of the
school.
(3) Children are present.
(4) The speed zone is properly signed. There must be:
(A) a sign located where the reduced speed zone begins or as
near as practical to the point where the reduced speed zone
begins indicating the reduced speed limit and a sign located
at the end of the reduced speed zone indicating the end of
the reduced speed zone; and
(B) if the school operates on a twelve (12) month schedule,
a sign indicating that the school is an all year school.
As added by P.L.2-1991, SEC.9. Amended by P.L.92-1991, SEC.3;
P.L.1-1992, SEC.50; P.L.126-1993, SEC.1; P.L.169-2006, SEC.32;
P.L.138-2009, SEC.2; P.L.52-2011, SEC.1; P.L.29-2015, SEC.1;
P.L.188-2015, SEC.66.
IC 9-21-5-7
Reduction of speed; impeding normal and reasonable movement;
right-of-way to other vehicles; violation
Sec. 7. (a) A person may not drive a motor vehicle at a slow speed
that impedes or blocks the normal and reasonable movement of
traffic, except when reduced speed is necessary for safe operation or
in compliance with the law. A person who is driving:
(1) on a roadway that has not more than one (1) lane of traffic
in each direction; and
(2) at a slow speed so that three (3) or more other vehicles are
blocked and cannot pass on the left around the vehicle;
shall give right-of-way to the other vehicles by pulling off to the right
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of the right lane at the earliest reasonable opportunity and allowing
the blocked vehicles to pass.
(b) A person who fails to give right-of-way as required by
subsection (a) commits a Class C infraction.
As added by P.L.2-1991, SEC.9. Amended by P.L.188-2015, SEC.67.
IC 9-21-5-8
Minimum speed limits
Sec. 8. Whenever the Indiana department of transportation within
the department's jurisdiction or a local authority within the
authority's jurisdiction determines, based on an engineering and
traffic investigation, that slow speeds on a part of a highway
consistently impede the normal and reasonable movement of traffic,
the Indiana department of transportation or local authority may
determine and declare a minimum speed limit below which a person
may not drive a vehicle except when necessary for safe operation or
in compliance with law. A limit determined under this subsection and
declared by appropriate resolution, regulation, or ordinance becomes
effective when appropriate sign or signals giving notice of the limit
of speed are erected along the affected part of a highway.
As added by P.L.2-1991, SEC.9.
IC 9-21-5-8.5
Low speed vehicles; violation
Sec. 8.5. (a) A person may not operate a low speed vehicle on a
highway that has a speed limit in excess of thirty-five (35) miles per
hour.
(b) A person who operates a low speed vehicle on a highway that
has a speed limit in excess of thirty-five (35) miles per hour commits
a Class C infraction.
As added by P.L.21-2003, SEC.8. Amended by P.L.221-2014,
SEC.38; P.L.188-2015, SEC.68.
IC 9-21-5-9
Vehicles traveling at reduced speeds; use of right lane; prohibited
operation in left most lane; violation
Sec. 9. (a) A vehicle that travels at a speed less than the
established maximum shall travel in the right lanes to provide for
better flow of traffic on the interstate highways.
(b) This subsection applies to the operation of a vehicle:
(1) on a roadway that has two (2) or more lanes of traffic in
each direction; and
(2) in the left most lane, other than a lane designated for high
occupancy vehicles.
Except as provided in subsection (c), a person who knows, or should
reasonably know, that another vehicle is overtaking from the rear the
vehicle that the person is operating may not continue to operate the
vehicle in the left most lane.
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(c) Subsection (b) does not apply:
(1) when traffic conditions or congestion make it necessary to
operate a vehicle in the left most lane;
(2) when inclement weather, obstructions, or hazards make it
necessary to operate a vehicle in the left most lane;
(3) when compliance with a law, a regulation, an ordinance, or
a traffic control device makes it necessary to operate a vehicle
in the left most lane;
(4) when exiting a roadway or turning to the left;
(5) when paying a toll or user fee at a toll collection facility;
(6) to an authorized emergency vehicle operated in the course
of duty; or
(7) to vehicles operated or used in the course of highway
maintenance or construction.
(d) A person who violates this section commits a Class C
infraction.
As added by P.L.2-1991, SEC.9. Amended by P.L.188-2015, SEC.69.
IC 9-21-5-10
Bridges and elevated structures; maximum speed; safety
investigation; posting of signs; violations; conclusive evidence;
violation
Sec. 10. (a) A person may not drive a vehicle over a bridge or
other elevated structure constituting a part of a highway at a speed
that is greater than the maximum speed that can be maintained with
safety to the bridge or structure, when the structure is signposted as
provided in this section.
(b) The Indiana department of transportation may conduct an
investigation of a bridge or other elevated structure constituting a
part of a highway. If the Indiana department of transportation finds
that the structure cannot with safety to the structure withstand
vehicles traveling at the speed otherwise permissible under this
chapter, the Indiana department of transportation shall determine and
declare the maximum speed of vehicles that the structure can
withstand. The Indiana department of transportation shall cause or
permit suitable signs stating the maximum speed to be erected and
maintained at a distance of one hundred (100) feet or as near as
practicable before each end of the structure.
(c) Upon the trial of a person charged with a violation of this
section, proof of the determination of the maximum speed by the
Indiana department of transportation and the existence of signs
erected under subsection (b) constitutes conclusive evidence of the
maximum speed that can be maintained with safety to the bridge or
structure.
(d) A person who exceeds the speed limit sign posted on a bridge
or other elevated structure under this section commits a Class C
infraction.
As added by P.L.2-1991, SEC.9. Amended by P.L.188-2015, SEC.70.
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IC 9-21-5-11
Temporary maximum speed limits; worksite speed limits;
violation; penalties
Sec. 11. (a) Subject to subsection (b), the Indiana department of
transportation, the Indiana finance authority, or a local authority may
establish temporary maximum speed limits in their respective
jurisdictions and in the vicinity of a worksite without conducting an
engineering study and investigation required under this article. The
establishing authority shall post signs notifying the traveling public
of the temporary maximum speed limits established under this
section.
(b) Worksite speed limits set under this section must be at least
ten (10) miles per hour below the maximum established speed limit.
(c) A worksite speed limit set under this section may be enforced
only if:
(1) workers are present in the immediate vicinity of the
worksite; or
(2) if workers are not present in the immediate vicinity of the
worksite, the establishing authority determines that the safety
of the traveling public requires enforcement of the worksite
speed limit.
(d) Notwithstanding IC 34-28-5-4(b), a judgment for the
infraction of violating a speed limit set under this section must be
entered as follows:
(1) If the person has not previously committed the infraction of
violating a speed limit set under this section, a judgment for a
Class B infraction and a fine of at least three hundred dollars
($300) shall be imposed.
(2) If the person has committed one (1) infraction of violating
a speed limit set under this section in the previous three (3)
years, a judgment for a Class B infraction and a fine of at least
five hundred dollars ($500) shall be imposed.
(3) If the person has committed two (2) or more infractions of
violating a speed limit set under this section in the previous
three (3) years, a judgment for a Class B infraction and a fine of
one thousand dollars ($1,000) shall be imposed.
(e) Notwithstanding IC 34-28-5-5(c), the funds collected as
judgments for the infraction of violating a speed limit set under this
section shall be transferred to the Indiana department of
transportation to pay the costs of hiring off duty police officers to
perform the duties described in IC 8-23-2-15(b).
(f) If judgment has been imposed for committing two (2)
infractions under this section within one (1) year, an additional
penalty of the suspension of the driving privileges of the person who
committed the infractions may be imposed by the court imposing the
sentence for the second violation. If the court suspends a person's
driving privileges under this subsection, the court shall issue an order
to the bureau:
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(1) stating that judgment against the person has been entered for
committing the infraction of exceeding a worksite speed limit
under this section for the second time in one (1) year; and
(2) ordering the suspension of the person's driving privileges by
the bureau under IC 9-30-13-9.
The suspension of a person's driving privileges under this section is
in addition to any other penalties imposed under this section and any
fee imposed under IC 33-37-5-14.
As added by P.L.2-1991, SEC.9. Amended by P.L.116-2001, SEC.1;
P.L.235-2005, SEC.125; P.L.40-2007, SEC.2; P.L.66-2011, SEC.1;
P.L.188-2015, SEC.71; P.L.41-2016, SEC.1.
IC 9-21-5-12
Maximum speeds greater or less than what is reasonably safe;
declaration of new limit; variable limits based on time of day, types
of vehicles, weather, and other factors
Sec. 12. (a) Whenever the Indiana department of transportation
determines on the basis of an engineering and traffic investigation
that a maximum speed set forth in this chapter is greater or less than
is reasonable or safe under the conditions found to exist at an
intersection or other place or on part of the state highway system, the
Indiana department of transportation may determine and declare a
reasonable and safe maximum limit at the intersection or on the part
of the state highway system. The differing limit is effective when
appropriate signs giving notice of the limit are erected.
(b) A maximum speed limit under this section may be declared to
be effective at all times or at times indicated on the signs. Differing
limits may be established for different times of day, different types
of vehicles, varying weather conditions, and other factors bearing on
safe speeds. The differing limits are effective when posted on
appropriate fixed or variable signs.
As added by P.L.2-1991, SEC.9.
IC 9-21-5-13
Repealed
(As added by P.L.2-1991, SEC.9. Amended by P.L.42-2000,
SEC.1; P.L.116-2001, SEC.2; P.L.1-2005, SEC.23; P.L.231-2005,
SEC.2. Repealed by P.L.188-2015, SEC.72.)
IC 9-21-5-14
Maximum speed of school buses and special purpose buses;
violation
Sec. 14. (a) A person may not operate a school bus or a special
purpose bus at a speed greater than:
(1) sixty (60) miles per hour on a federal or state highway; or
(2) forty (40) miles per hour on a county or township highway.
(b) If the posted speed limit is lower than the absolute limits set
in this section or if the absolute limits do not apply, the maximum
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lawful speed of a bus is the posted speed limit.
(c) A person who knowingly or intentionally exceeds a speed limit
set forth in subsection (a) or (b) commits a Class C misdemeanor.
As added by P.L.1-2005, SEC.24. Amended by P.L.107-2006, SEC.2;
P.L.114-2007, SEC.2; P.L.188-2015, SEC.73.
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