2016 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 30. GENERAL PENALTY PROVISIONS
CHAPTER 4. LICENSES AND REGISTRATIONS; SUSPENSION AND REVOCATION
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IC 9-30-4
Chapter 4. Licenses and Registrations; Suspension and
Revocation
IC 9-30-4-1
Repealed
(As added by P.L.2-1991, SEC.18. Amended by P.L.85-2013, by
P.L.198-2016, SEC.596.)
IC 9-30-4-2
Repealed
(As added by P.L.2-1991, SEC.18. Repealed by P.L.149-2015,
SEC.94.)
IC 9-30-4-3
Repealed
(As added by P.L.2-1991, SEC.18. Amended by P.L.125-2012,
SEC.329; P.L.217-2014, SEC.121. Repealed by P.L.149-2015,
SEC.95.)
IC 9-30-4-4
Repealed
(As added by P.L.2-1991, SEC.18. Repealed by P.L.149-2015,
SEC.96.)
IC 9-30-4-5
Repealed
(As added by P.L.2-1991, SEC.18. Repealed by P.L.149-2015,
SEC.97.)
IC 9-30-4-6
Repealed
(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; P.L.125-2012,
SEC.330; P.L.126-2012, SEC.29; P.L.13-2013, SEC.39;
P.L.85-2013, SEC.87; P.L.217-2014, SEC.122; P.L.149-2015,
SEC.98. Repealed by P.L.188-2015, SEC.104; P.L.198-2016,
SEC.597.)
IC 9-30-4-6.1
Suspension or revocation of driver's license, driving privileges,
certificate of registration, and license plate; evidence of conviction;
petition for review
Sec. 6.1. (a) The bureau shall suspend or revoke the current
driver's license or driving privileges and all certificates of
registration and proof of registration issued to or registered in the
name of an individual who is convicted of any of the following:
(1) Manslaughter or reckless homicide resulting from the
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operation of a motor vehicle.
(2) Knowingly making a false application, or committing
perjury with respect to an application made, under:
(A) this chapter; or
(B) any other law requiring the registration of motor vehicles
or regulating motor vehicle operation on highways.
(3) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(4) Failure to stop and give information or assistance or failure
to stop and disclose the individual'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).
However, and unless otherwise required by law, the bureau may not
suspend a certificate of registration or proof of registration if the
individual 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 a driver's license or driving
privileges of an individual upon conviction in another jurisdiction for
the following:
(1) Manslaughter or reckless homicide resulting from the
operation of a motor vehicle.
(2) Knowingly making a false application, or committing
perjury with respect to an application made, under:
(A) this chapter; or
(B) any other law requiring the registration of motor vehicles
or regulating motor vehicle operation on highways.
(3) Three (3) charges of criminal recklessness involving the use
of a motor vehicle within the preceding twelve (12) months.
(4) Failure to stop and give information or assistance or failure
to stop and disclose the individual'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).
However, if property damage under subdivision (4) is equal to or less
than two hundred dollars ($200), the bureau may determine whether
the driver's license or driving privileges and certificates of
registration and proof of registration shall be suspended or revoked.
(c) An individual whose driving privileges are suspended under
this chapter is eligible for specialized driving privileges under
IC 9-30-16.
(d) A suspension or revocation remains in effect and a new or
renewal license may not be issued to the individual and a motor
vehicle may not be registered in the name of the individual as
follows:
(1) Except as provided in subdivision (2), for six (6) months
after the date of conviction or on the date on which the
individual is otherwise eligible for a license, whichever is later.
(2) Upon conviction of an offense described in subsection
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(a)(1), (a)(4), (b)(1), or (b)(4), when the accident has resulted
in death, for a fixed period of at least 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 driver's license or driving privileges may not be
issued to the individual unless that individual, 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 must be deducted 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 that exceed 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.
(e) The bureau may take action as required in this section upon
receiving satisfactory evidence of a conviction of an individual in
another state.
(f) A suspension or revocation under this section or
IC 9-30-13-0.5 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
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record in Indiana, the suspension or revocation is stayed pending
appeal of the conviction to a court of record.
(g) A person aggrieved by an order or act of the bureau under this
section or IC 9-30-13-0.5 may file a petition for a court review.
(h) An entry in the driving record of a defendant stating that
notice of suspension or revocation was mailed by the bureau to the
defendant constitutes prima facie evidence that the notice was mailed
to the defendant's address as shown in the records of the bureau.
As added by P.L.198-2016, SEC.598.
IC 9-30-4-6.5
Repealed
(As added by P.L.100-2010, SEC.5. Amended by P.L.125-2012,
SEC.331. Repealed by P.L.149-2015, SEC.99.)
IC 9-30-4-7
Repealed
(As added by P.L.2-1991, SEC.18. Amended by P.L.85-2013,
SEC.88. Repealed by P.L.217-2014, SEC.123.)
IC 9-30-4-8
Operation of motor vehicle following suspension of certificate of
registration or in violation of restricted driving privileges
Sec. 8. 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.
As added by P.L.2-1991, SEC.18. Amended by P.L.125-2012,
SEC.332; P.L.217-2014, SEC.124.
IC 9-30-4-9
Repealed
(As added by P.L.2-1991, SEC.18. Amended by P.L.66-1992,
SEC.21; P.L.125-2012, SEC.333; P.L.85-2013, SEC.89;
P.L.188-2015, SEC.105. Repealed by P.L.149-2015, SEC.100;
P.L.198-2016, SEC.599.)
IC 9-30-4-10
Repealed
(As added by P.L.2-1991, SEC.18. Repealed by P.L.149-2015,
SEC.101.)
IC 9-30-4-11
Repealed
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(As added by P.L.2-1991, SEC.18. Repealed by P.L.149-2015,
SEC.102.)
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 invalidated
driver's license, permit, certificate of registration, or license plate
commits a Class C misdemeanor. The bureau may file with the
prosecuting attorney of the county in which the person resides an
affidavit charging the person with the offense.
As added by P.L.2-1991, SEC.18. Amended by P.L.125-2012,
SEC.334.
IC 9-30-4-14
Repealed
(As added by P.L.2-1991, SEC.18. Repealed by P.L.198-2016,
SEC.600.)
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.
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