Indiana § 9-20-18-14.5 - Civil penalties

§ 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 carrier transporting the vehicle or 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 fees or fines imposed by a court; and

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

(b) A carrier transporting vehicles or loads under a permit issued under this article that is violated with respect to this article subjects the carrier to a civil penalty of not more than one thousand dollars ($1,000) for the first violation and not more than one thousand five hundred dollars ($1,500) for each subsequent violation.

(c) A carrier that 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 described in an Indiana state police vehicle examination report.

(d) A carrier that transports vehicles or loads subject to this article in excess of the legal weight or dimensional limits and for which no permit is available to allow for such excess weight or dimension is subject to a civil penalty for each issued Indiana state police vehicle examination report as follows:

(1) The department of state revenue may assess a civil penalty of five hundred dollars ($500) for a violation when a vehicle or load is in excess of the dimensional limits.

(2) The department of state revenue may assess a civil penalty of:

(A) five hundred dollars ($500) for a violation when the total excess weight is at least one thousand (1,000) pounds and less than five thousand (5,000) pounds;

(B) one thousand dollars ($1,000) for a violation when the total excess weight is at least five thousand (5,000) pounds and less than ten thousand (10,000) pounds; or

(C) five thousand dollars ($5,000) for a violation when the total excess weight is at least ten thousand (10,000) pounds.

(e) The department of state revenue may not assess a penalty under this section after more than one (1) year has passed from the date the department is notified of a violation described under subsection (b), (c), or (d).

(f) A carrier against whom a civil penalty is imposed under this section may protest the civil penalty and request an administrative hearing. If a carrier protests a civil penalty, the department of state revenue shall allow the carrier an opportunity to present information as to why the civil penalty should not be assessed or reduced pursuant to a defense provided under section 7 of this chapter.

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

(h) The department shall adopt rules under IC 4-22-2 regarding the assessment of civil penalties in accordance with this section.

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; P.L.127-2021, SEC.4; P.L.179-2021, SEC.5; P.L.130-2023, SEC.4.