2017 Indiana Code
TITLE 9. Motor Vehicles
ARTICLE 20. SIZE AND WEIGHT REGULATION
CHAPTER 18. Penalties and Enforcement
9-20-18-14.5. Civil penalties

     Sec. 14.5. (a) The civil penalties imposed under this section are in addition to the other civil penalties that may be imposed under IC 8 and IC 9. Notwithstanding section 12 of this chapter, a civil penalty imposed under this section:

(1) is imposed on the person whose United States Department of Transportation number is registered on the vehicle transporting the load;

(2) shall be deposited in the motor carrier regulation fund established by IC 8-2.1-23-1;

(3) is in addition to any fines imposed by a court; and

(4) is assessed by the department of state revenue in accordance with the procedures in IC 6-8.1-5-1.

     (b) A person who obtains a permit under this article and violates this article is subject to a civil penalty of not more than five hundred dollars ($500) for the first violation and not more than one thousand dollars ($1,000) for each subsequent violation.

     (c) A person who transports vehicles or loads subject to this article and fails to obtain a permit required under this article is subject to a civil penalty of not more than five thousand dollars ($5,000) for each violation.

     (d) A person against whom a civil penalty is imposed under this section may protest the penalty and request an administrative hearing. If a hearing is requested, the department shall hold an administrative hearing at which the person has an opportunity to present information as to why the civil penalty should not be assessed.

     (e) The department of state revenue's notice of proposed assessment under IC 6-8.1-5-1 is presumptively valid.

As added by P.L.129-2001, SEC.31. Amended by P.L.176-2006, SEC.12; P.L.45-2011, SEC.5; P.L.218-2017, SEC.90.