Indiana § 9-21-5-11 - Temporary maximum speed limits; worksite speed limits; violation; penalties

§ 9-21-5-11. Temporary maximum speed limits; worksite speed limits; violation; penalties

Sec. 11. (a) Subject to subsection (b), the Indiana department of transportation, the Indiana finance authority, or a local authority may establish temporary maximum speed limits in their respective jurisdictions and in the vicinity of a worksite without conducting an engineering study and investigation required under this article. The establishing authority shall post signs notifying the traveling public of the temporary maximum speed limits established under this section.

(b) Worksite speed limits set under this section must be at least ten (10) miles per hour below the maximum established speed limit.

(c) A worksite speed limit set under this section may be enforced as follows:

(1) If workers are present in the immediate vicinity of the worksite.

(2) If workers are not present in the immediate vicinity of the worksite, the establishing authority determines that the safety of the traveling public requires enforcement of the worksite speed limit.

(3) In the case of a worksite speed limit enforced through a worksite speed control system under IC 8-23-32, if the worksite speed control system indicates that the operator of a motor vehicle has exceeded the worksite speed limit set under this section by at least eleven (11) miles per hour.

(d) This subsection does not apply to a person whose violation of a worksite speed limit is detected and enforced through a worksite speed control system under IC 8-23-32. Notwithstanding IC 34-28-5-4(b), a judgment for the infraction of violating a speed limit set under this section must be entered as follows:

(1) If the person has not previously committed the infraction of violating a speed limit set under this section, a judgment for a Class B infraction and a fine of at least three hundred dollars ($300) shall be imposed.

(2) If the person has committed one (1) infraction of violating a speed limit set under this section in the previous three (3) years, a judgment for a Class B infraction and a fine of at least five hundred dollars ($500) shall be imposed.

(3) If the person has committed two (2) or more infractions of violating a speed limit set under this section in the previous three (3) years, a judgment for a Class B infraction and a fine of one thousand dollars ($1,000) shall be imposed.

(e) This subsection does not apply to a person whose violation of a worksite speed limit is detected and enforced through a worksite speed control system under IC 8-23-32. Notwithstanding IC 34-28-5-5(c), the funds collected as judgments for the infraction of violating a speed limit set under this section shall be transferred to the Indiana department of transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15(b).

(f) This subsection does not apply to a person whose violation of a worksite speed limit is detected and enforced through a worksite speed control system under IC 8-23-32. If judgment has been imposed for committing two (2) infractions under this section within one (1) year, an additional penalty of the suspension of the driving privileges of the person who committed the infractions may be imposed by the court imposing the sentence for the second violation. If the court suspends a person's driving privileges under this subsection, the court shall issue an order to the bureau:

(1) stating that judgment against the person has been entered for committing the infraction of exceeding a worksite speed limit under this section for the second time in one (1) year; and

(2) ordering the suspension of the person's driving privileges by the bureau under IC 9-30-13-9.

The suspension of a person's driving privileges under this section is in addition to any other penalties imposed under this section and any fee imposed under IC 33-37-5-14.

(g) In the case of a worksite speed limit enforced through a worksite speed control system, a civil penalty shall be assessed under IC 8-23-32.

[Pre-1991 Recodification Citation: 9-4-1-60.1.]

As added by P.L.2-1991, SEC.9. Amended by P.L.116-2001, SEC.1; P.L.235-2005, SEC.125; P.L.40-2007, SEC.2; P.L.66-2011, SEC.1; P.L.188-2015, SEC.71; P.L.41-2016, SEC.1; P.L.120-2023, SEC.4.