Indiana § 5-16-9-8 - Owners or lessees of motor vehicles; violations; Class C infraction; defenses

§ 5-16-9-8. Owners or lessees of motor vehicles; violations; Class C infraction; defenses

Sec. 8. (a) As used in this section, "owner" means a person in whose name a motor vehicle is registered under:

(1) IC 9-18 (before its expiration) or IC 9-18.1;

(2) the laws of another state; or

(3) the laws of a foreign country.

(b) As used in this section, "lessee" means a person that has care, custody, or control of a motor vehicle under a written agreement for the rental or lease of the motor vehicle for less than sixty-one (61) days. The term does not include an employee of the owner of the motor vehicle.

(c) An owner or lessee of a motor vehicle commits a Class C infraction if the motor vehicle:

(1) is located in a parking space in a parking facility that is marked under section 2 of this chapter as a parking space reserved for a person with a physical disability; and

(2) does not display:

(A) an unexpired parking placard for a person with a physical disability issued under IC 9-14-5 (before its repeal) or IC 9-18.5-8;

(B) an unexpired disabled veteran's registration plate issued under IC 9-18-18 (before its expiration) or IC 9-18.5-5 or an unexpired modified Purple Heart license plate under IC 9-18-19-1(b) (before its expiration) or IC 9-18.5-6-1(b);

(C) an unexpired registration plate or decal for a person with a physical disability issued under IC 9-18-22 (before its expiration) or IC 9-18.5-8; or

(D) an unexpired parking permit for a person with a physical disability, an unexpired disabled veteran's registration plate, or an unexpired registration plate or decal for a person with a physical disability issued under the laws of another state.

(d) It is a defense that IC 9-30-11-8 applies to the violation.

(e) It is a defense that the motor vehicle was the subject of an offense described in IC 35-43-4 at the time of the violation of this section.

(f) Notwithstanding IC 34-28-5-4(c), a civil judgment of not less than one hundred dollars ($100) must be imposed for an infraction committed in violation of this section.

As added by P.L.71-1987, SEC.4. Amended by P.L.2-1991, SEC.32; P.L.23-1993, SEC.15; P.L.2-1995, SEC.18; P.L.43-1996, SEC.2; P.L.1-1998, SEC.73; P.L.50-2013, SEC.2; P.L.216-2014, SEC.3; P.L.198-2016, SEC.15.