Indiana § 9-21-3-11 - Violations; Class C infraction; Class A infraction if bodily injury

§ 9-21-3-11. Violations; Class C infraction; Class A infraction if bodily injury

Sec. 11. A person who violates section 7, 8, 8.5, or 9 of this chapter commits a Class C infraction. However, a person who violates section 7, 8, 8.5, or 9 of this chapter in a manner that results in bodily injury to a person commits a Class A infraction.

[Pre-1991 Recodification Citation: 9-4-1-127.1(b) part.]

As added by P.L.2-1991, SEC.9. Amended by P.L.113-2014, SEC.20; P.L.217-2014, SEC.45; P.L.110-2020, SEC.1; P.L.60-2023, SEC.7.

IC 9-21-3.5Chapter 3.5. Automated Traffic Law Enforcement System

9-21-3.5-1"Authority" 9-21-3.5-2"Automated traffic law enforcement system" 9-21-3.5-3"Department" 9-21-3.5-3.5"Fee" 9-21-3.5-4"Operator" 9-21-3.5-5"Owner" 9-21-3.5-5.5"Private toll facility" 9-21-3.5-6"Qualifying project" 9-21-3.5-7"Toll road" 9-21-3.5-7.5"Toll violation" 9-21-3.5-8"Tollway" 9-21-3.5-9Payment of toll by owner required 9-21-3.5-9.1Payment of toll or user fee on private toll facility 9-21-3.5-10Rules concerning automated traffic law enforcement systems at facilities other than private toll facilities 9-21-3.5-11Advance warning signs 9-21-3.5-12Enforcement of toll violations 9-21-3.5-13Seizure of transponders 9-21-3.5-14Powers of operator of private toll facility 9-21-3.5-15Agreement between operator and bureau

IC 9-21-3.5-1"Authority" Sec. 1. As used in this chapter, "authority" refers to the Indiana finance authority.

As added by P.L.47-2006, SEC.45.

IC 9-21-3.5-2"Automated traffic law enforcement system" Sec. 2. As used in this chapter, "automated traffic law enforcement system" means a device that:

(1) has one (1) or more motor vehicle sensors; and

(2) is capable of producing a photographically recorded image of a motor vehicle, including an image of the vehicle's front or rear license plate, as the vehicle proceeds through a tollgate, toll zone, or other area on a tollway, qualifying project, private toll facility, or toll road that is marked as required by the department, the authority, or an operator as a place where a person using the tollway, qualifying project, private toll facility, or toll road must pay a toll.

As added by P.L.47-2006, SEC.45. Amended by P.L.152-2015, SEC.2.

IC 9-21-3.5-3"Department" Sec. 3. As used in this chapter, "department" refers to the Indiana department of transportation.

As added by P.L.47-2006, SEC.45.

IC 9-21-3.5-3.5"Fee" Sec. 3.5. As used in this chapter, "fee" means an amount assessed or imposed under:

(1) rules adopted under section 10(a)(4) of this chapter; or

(2) section 14(a)(2) of this chapter;

with respect to a toll violation.

As added by P.L.152-2015, SEC.3.

IC 9-21-3.5-4"Operator" Sec. 4. As used in this chapter, "operator" means:

(1) with respect to a tollway, qualifying project, or toll road, an operator (as defined in IC 8-15.5-2-5 or IC 8-15.7-2-11); or

(2) with respect to a private toll facility, a private entity that owns or operates the private toll facility.

As added by P.L.47-2006, SEC.45. Amended by P.L.152-2015, SEC.4.

IC 9-21-3.5-5"Owner" Sec. 5. As used in this chapter, "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;

(3) the laws of a foreign country; or

(4) the International Registration Plan.

As added by P.L.47-2006, SEC.45. Amended by P.L.257-2017, SEC.35.

IC 9-21-3.5-5.5"Private toll facility" Sec. 5.5. As used in this chapter, "private toll facility" means any new or existing highway, street, motorway, road, or bridge owned or operated by a private entity, including all tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, tollhouses, service stations, and administration, storage, and other buildings and facilities necessary or desirable for the operation of the private toll facility, together with all property, rights, easements, and interests which may be acquired by the private entity for the construction or operation of the facility. "Private toll facility" includes any subsequent improvement, betterment, enlargement, extension, or reconstruction of an existing private toll facility.

As added by P.L.152-2015, SEC.5.

IC 9-21-3.5-6"Qualifying project" Sec. 6. As used in this chapter, "qualifying project" has the meaning set forth in IC 8-15.7-2-16.

As added by P.L.47-2006, SEC.45.

IC 9-21-3.5-7"Toll road" Sec. 7. As used in this chapter, "toll road" has the meaning set forth for "toll road project" in IC 8-15-2-4(4).

As added by P.L.47-2006, SEC.45.

IC 9-21-3.5-7.5"Toll violation" Sec. 7.5. As used in this chapter, "toll violation" refers to the failure to pay a toll or user fee required under section 9 or 9.1 of this chapter.

As added by P.L.152-2015, SEC.6.

IC 9-21-3.5-8"Tollway" Sec. 8. As used in this chapter, "tollway" has the meaning set forth in IC 8-15-3-7.

As added by P.L.47-2006, SEC.45.

IC 9-21-3.5-9Payment of toll by owner required Sec. 9. (a) The owner of a motor vehicle, other than an authorized emergency vehicle, that is driven or towed through a toll collection facility on a toll road, tollway, or qualifying project shall pay the proper toll or user fee.

(b) A person who violates subsection (a) commits a moving violation, a Class C infraction.

As added by P.L.47-2006, SEC.45. Amended by P.L.163-2011, SEC.20.

IC 9-21-3.5-9.1Payment of toll or user fee on private toll facility Sec. 9.1. The owner of a motor vehicle, other than an authorized emergency vehicle, that is driven or towed through or on a private toll facility shall pay the proper toll or user fee.

As added by P.L.152-2015, SEC.7.

IC 9-21-3.5-10Rules concerning automated traffic law enforcement systems at facilities other than private toll facilities Sec. 10. (a) The department or the authority may adopt and enforce rules concerning:

(1) the placement and use of automated traffic law enforcement systems to enforce collection of user fees;

(2) required notification in the form of a citation to the owner of a vehicle used in the commission of a moving violation under section 9 of this chapter;

(3) the process for notification, collection, and enforcement of unpaid amounts;

(4) the amount of fines, charges, and assessments for toll violations;

(5) the use of or contracting with a collection agency to recover amounts unpaid by violators who are not subject to IC 9-18.1-3-7(a), including authorization in the contract for collection services for the collection agency to impose on and collect from the violator an additional collection fee; and

(6) other matters relating to automated traffic law enforcement systems that the department or the authority considers appropriate.

(b) A rule adopted under subsection (a)(2) must establish:

(1) a deadline for the department, authority, or operator, as applicable, to issue a citation to an owner of a vehicle used in the commission of a moving violation under section 9 of this chapter; and

(2) a deadline, not to exceed thirty (30) days following receipt of the citation as determined under section 12(2) of this chapter, for the owner to pay a fine, charge, or other assessment for the toll violation.

(c) The department or the authority shall establish a process by which the department, authority, or operator, as applicable, shall notify the bureau of an owner's failure to pay a fine, charge, or other assessment for a toll violation following the expiration of the deadline described in subsection (b)(2).

(d) This section does not apply with respect to a private toll facility.

As added by P.L.47-2006, SEC.45. Amended by P.L.163-2011, SEC.21; P.L.152-2015, SEC.8; P.L.257-2017, SEC.36.

IC 9-21-3.5-11Advance warning signs Sec. 11. (a) Before enforcing a rule adopted under section 10 of this chapter, the department, the authority, or an operator must install advance warning signs along the tollways, toll roads, or qualifying projects proceeding to the location at which an automated traffic law enforcement system is located.

(b) Before imposing or collecting a toll or fee under section 14 of this chapter, an operator must install advance warning signs along the private toll facility proceeding to the location at which an automated traffic law enforcement system is located.

As added by P.L.47-2006, SEC.45. Amended by P.L.152-2015, SEC.9.

IC 9-21-3.5-12Enforcement of toll violations Sec. 12. In the enforcement of a toll violation, including the collection of fees:

(1) proof that the motor vehicle was driven or towed through the toll collection or private toll facility without payment of the proper toll or user fee may be shown by a video recording, a photograph, an electronic recording, or other appropriate evidence, including evidence obtained by an automated traffic law enforcement system;

(2) it is presumed that any notice of nonpayment was received on the fifth day after the date of mailing; and

(3) a computer record of the department, the authority, or the operator regarding the registered owner of the vehicle is prima facie evidence of its contents and that the toll violator was the registered owner of the vehicle at the time of the underlying event of nonpayment.

As added by P.L.47-2006, SEC.45. Amended by P.L.152-2015, SEC.10.

IC 9-21-3.5-13Seizure of transponders Sec. 13. (a) For purposes of this section, "transponder" means a device, placed on or within a motor vehicle, that is capable of transmitting information used to assess or collect tolls. A transponder is "insufficiently funded" when there are no remaining funds in the account in connection with which the transponder was issued.

(b) Any police officer of Indiana may seize a stolen or insufficiently funded transponder and return it to the department, the authority, or an operator, except that an insufficiently funded transponder may not be seized from the holder of an account sooner than the thirtieth day after the date the department, the authority, or an operator has sent a notice of delinquency to the holder of the account.

(c) The department or the authority may enter into an agreement with one (1) or more persons to market and sell transponders for use on tollways, toll roads, or qualifying projects.

(d) The department, the authority, or an operator may charge reasonable fees for initiating, administering, and maintaining electronic toll collection customer accounts.

(e) Electronic toll collection customer account information, including contact and payment information and trip data, is confidential and not subject to disclosure under IC 5-14-3. A contract for the acquisition, construction, maintenance, or operation of a tollway, toll road, or qualifying project must ensure the confidentiality of all electronic toll collection customer account information.

As added by P.L.47-2006, SEC.45.

IC 9-21-3.5-14Powers of operator of private toll facility Sec. 14. (a) The operator of a private toll facility may do the following:

(1) Fix, revise, charge, and collect tolls for the use of a private toll facility by any person, partnership, association, limited liability company, or corporation desiring the use of any part of the private toll facility, including the right of way adjoining the paved portion of the private toll facility. For purposes of this subdivision, the use of a private toll facility includes the placement of telephone, telegraph, electric, or power lines on any part of the private toll facility.

(2) Fix the terms, conditions, and rates of charge for use of the private toll facility, including fees for nonpayment of required tolls. However, a fee imposed for nonpayment of a required toll may not exceed fifty dollars ($50) for each unpaid toll.

(3) Collect tolls and fees through manual or nonmanual methods, including automated traffic law enforcement systems, automatic vehicle identification systems, electronic toll collection systems, global positioning systems, and photo or video based toll collection or toll collection enforcement systems.

(b) The operator of a private toll facility may not impose a fee under subsection (a)(2) for nonpayment of a required toll until the operator has provided notice of the unpaid toll to the toll violator in accordance with notice requirements published on the website of the private toll facility. The operator shall include with the notice of the unpaid toll a summary of the notice requirements published on the website of the private toll facility.

As added by P.L.152-2015, SEC.11. Amended by P.L.1-2025, SEC.138.

IC 9-21-3.5-15Agreement between operator and bureau Sec. 15. (a) The operator of a private toll facility may enter into an agreement with the bureau to obtain information under IC 9-14-12 necessary to enforce violations of section 9.1 of this chapter, including information regarding the registered owner of a vehicle operated in violation of section 9.1 of this chapter.

(b) The bureau may use any reciprocal arrangement that applies to the bureau to obtain information for purposes of subsection (a).

(c) An operator may use information provided under this section only for the purposes of this section.

(d) The operator of a private toll facility shall inform the bureau of the operator's process to notify the bureau of an owner's failure to pay a fine, charge, fee, or other assessment for a toll violation following the expiration of the deadline for payment of the fine, charge, fee, or other assessment as set forth in the operator's notice requirements published on the website of the private toll facility under section 14(b) of this chapter.

As added by P.L.152-2015, SEC.12. Amended by P.L.198-2016, SEC.362; P.L.1-2025, SEC.139.

IC 9-21-4Chapter 4. Traffic Control Devices

9-21-4-1Signing, marking, and erection; guidelines 9-21-4-2Placement and maintenance; department of transportation; local authorities; unnecessary signals; removal 9-21-4-3Local authorities; jurisdiction; duties; traffic calming devices 9-21-4-4Unauthorized traffic control devices; prohibition 9-21-4-5Commercial advertising; placement on traffic control devices; prohibition; exceptions; tourist attraction signage; lights maintained on private property; restrictions 9-21-4-6Advertising signs, signals, and devices; placement on or over roadway; prohibition; removal 9-21-4-7Designation or determination of the location of, necessity for, and extent of traffic control devices; order of department of transportation; violation; trial; certification of order; permits 9-21-4-8Rules of statewide application not evidenced by official signs and not authorized by this article; adoption; use of administrative rules 9-21-4-9Administrative rules; adoption of rules of statewide application; exceptions 9-21-4-10Repealed 9-21-4-11Through highways; stop or yield intersections; designation; erection of signs 9-21-4-12No passing zones and narrow bridges on state highways; designation; erection of signs 9-21-4-13No passing zones; designation by local authorities; erection of signs 9-21-4-14One-way highways and streets; designation; erection of signs 9-21-4-15Repealed 9-21-4-16Stopping at railroad crossings; procedure 9-21-4-17Preferential right-of-way at intersections; signs 9-21-4-18Operation of motor vehicle; obeyance of markings or signs 9-21-4-19Violations; Class C infraction 9-21-4-20Highway worksites; signage