CHAPTER 1. APPLICATION
IC 9-21
ARTICLE 21. TRAFFIC REGULATION
IC 9-21-1
Chapter 1. Application
IC 9-21-1-0.5
"Lawful intervention technique"
Sec. 0.5. As used in this chapter, "lawful intervention technique"
means a method by which a pursuing motor vehicle causes, or
attempts to cause, a fleeing motor vehicle to stop. The term includes
a precision immobilization technique (PIT) maneuver.
As added by P.L.145-2009, SEC.2.
IC 9-21-1-1
Application of article
Sec. 1. Except as provided in sections 2, 3, and 3.3 of this chapter,
this article applies throughout Indiana.
As added by P.L.2-1991, SEC.9. Amended by P.L.150-2009, SEC.10.
IC 9-21-1-2
Local authorities; adoption of additional regulations; conflict of
law; fines; disbursement
Sec. 2. (a) Except as provided in section 3.5 of this chapter, a
local authority may adopt by ordinance additional traffic regulations
with respect to highways under the authority's jurisdiction. An
ordinance adopted under this subsection may not conflict with or
duplicate a statute.
(b) After a request has been made at a public meeting or by
certified mail to the legislative body (as defined in IC 36-1-2-9) from
the property owner, a local authority may adopt by ordinance
additional traffic regulations with respect to a private road within the
authority's jurisdiction. The ordinance:
(1) must require a contractual agreement between the local
authority and property owner of the private road setting forth
the terms and responsibilities of the additional traffic
regulations;
(2) must require the contractual agreement required under
subdivision (1) to be recorded after passage of the ordinance in
the office of the recorder of the county in which the private road
is located; and
(3) may not conflict with or duplicate state law.
(c) A fine assessed for a violation of a traffic ordinance adopted
by a local authority may be deposited into the general fund of the
appropriate political subdivision.
As added by P.L.2-1991, SEC.9. Amended by P.L.128-2002, SEC.1;
P.L.143-2002, SEC.5; P.L.1-2003, SEC.50.
IC 9-21-1-3
Powers of local authorities; effective date of ordinances
Sec. 3. (a) A local authority, with respect to private roads and
highways under the authority's jurisdiction, in accordance with
sections 2 and 3.3(a) of this chapter, and within the reasonable
exercise of the police power, may do the following:
(1) Regulate the standing or parking of vehicles.
(2) Regulate traffic by means of police officers or traffic control
signals.
(3) Regulate or prohibit processions or assemblages on the
highways.
(4) Designate a highway as a one-way highway and require that
all vehicles operated on the highway be moved in one (1)
specific direction.
(5) Regulate the speed of vehicles in public parks.
(6) Designate a highway as a through highway and require that
all vehicles stop before entering or crossing the highway.
(7) Designate an intersection as a stop intersection and require
all vehicles to stop at one (1) or more entrances to the
intersection.
(8) Restrict the use of highways as authorized in IC 9-21-4-7.
(9) Regulate the operation of bicycles and require the
registration and licensing of bicycles, including the requirement
of a registration fee.
(10) Regulate or prohibit the turning of vehicles at intersections.
(11) Alter the prima facie speed limits authorized under
IC 9-21-5.
(12) Adopt other traffic regulations specifically authorized by
this article.
(13) Adopt traffic regulations governing traffic control on
public school grounds when requested by the governing body of
the school corporations.
(14) Regulate or prohibit the operation of low speed vehicles or
golf carts on highways in accordance with section 3.3(a) of this
chapter.
(b) An ordinance or regulation adopted under subsection (a)(4),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(10), (a)(11), (a)(12), (a)(13), or
(a)(14), is effective when signs giving notice of the local traffic
regulations are posted upon or at the entrances to the highway or part
of the highway that is affected.
As added by P.L.2-1991, SEC.9. Amended by P.L.128-2002, SEC.2;
P.L.21-2003, SEC.6; P.L.150-2009, SEC.11; P.L.182-2009(ss),
SEC.291.
IC 9-21-1-3.3
Ordinances regarding use of golf carts on highway
Sec. 3.3. (a) A city or a town may adopt by ordinance traffic
regulations concerning the use of golf carts on a highway under the
jurisdiction of the city or the town. An ordinance adopted under this
subsection may not:
(1) conflict with or duplicate another state law; or
(2) conflict with a driver's licensing requirement of another
provision of the Indiana Code.
(b) A fine assessed for a violation of a traffic ordinance adopted
by a city or a town under this section shall be deposited into the
general fund of the city or town.
(c) A person who violates subsection (a) commits a Class C
infraction.
As added by P.L.150-2009, SEC.12. Amended by P.L.182-2009(ss),
SEC.292.
IC 9-21-1-3.5
Local authority; prohibition against or restriction on use of electric
personal assistive mobility device
Sec. 3.5. A local authority may not adopt by ordinance any
prohibition against or restriction on the use of an electric personal
assistive mobility device operated on a path set aside for the
exclusive use of bicycles as set forth in IC 9-21-11-1(b).
As added by P.L.143-2002, SEC.6.
IC 9-21-1-4
Posting of signs on state highways by local authorities; conditions;
prohibitions
Sec. 4. (a) Notwithstanding IC 8-23-20, IC 9-21-5, and section 5
of this chapter, a city or town may, by ordinance, authorize and pay
for signs to be erected along the routes of state highways if the
following conditions are met:
(1) The sign is an information sign stating only that a famous
person is or was a resident of that city or town.
(2) The sign conforms to the manual on traffic control devices
standards for historical signs.
(3) A copy of the sign ordinance is sent to the bureau of the
Indiana department of transportation.
(b) The commissioner of the Indiana department of transportation
may, within sixty (60) days after the effective date of an ordinance
adopted under subsection (a), prohibit the erection of or cause
removal of the sign if the bureau finds that the sign:
(1) creates a traffic hazard; or
(2) expresses a commercial or partisan political message.
As added by P.L.2-1991, SEC.9.
IC 9-21-1-5
Local control of state highways; enforcement powers
Sec. 5. Local control of the routes of state highways in cities and
towns includes only the power of enforcement of this article and of
the regulations passed by the Indiana department of transportation.
As added by P.L.2-1991, SEC.9.
IC 9-21-1-6
Drivers of vehicles; application of chapter
Sec. 6. Except as provided in sections 7 and 8 of this chapter, this
article applies to the drivers of vehicles owned or operated by the
United States, this state, or a political subdivision of the state.
As added by P.L.2-1991, SEC.9.
IC 9-21-1-7
Highway construction vehicles; application of article
Sec. 7. Unless specifically made applicable, this article does not
apply to a person, team, motor vehicle, and other equipment actually
engaged in work on the surface of a highway. This article applies to
a person and vehicle when traveling to or from work on the surface
of a highway.
As added by P.L.2-1991, SEC.9.
IC 9-21-1-8
Emergency vehicles
Sec. 8. (a) This section applies to the person who drives an
authorized emergency vehicle when:
(1) responding to an emergency call;
(2) in the pursuit of an actual or suspected violator of the law;
or
(3) responding to, but not upon returning from, a fire alarm.
(b) The person who drives an authorized emergency vehicle may
do the following:
(1) Park or stand, notwithstanding other provisions of this
article.
(2) Proceed past a red or stop signal or stop sign, but only after
slowing down as necessary for safe operation.
(3) Exceed the maximum speed limits if the person who drives
the vehicle does not endanger life or property.
(4) Disregard regulations governing direction of movement or
turning in specified directions.
(5) Execute a lawful intervention technique if the person has
completed a training course that instructs participants in the
proper execution of lawful intervention techniques.
(c) This section applies to an authorized emergency vehicle only
when the vehicle is using audible or visual signals as required by
law. An authorized emergency vehicle operated as a police vehicle
is not required to be equipped with or display red and blue lights
visible from in front of the vehicle.
(d) This section does not do the following:
(1) Relieve the person who drives an authorized emergency
vehicle from the duty to drive with due regard for the safety of
all persons.
(2) Protect the person who drives an authorized emergency
vehicle from the consequences of the person's reckless disregard
for the safety of others.
As added by P.L.2-1991, SEC.9. Amended by P.L.145-2009, SEC.3.
IC 9-21-1-9
Private roads
Sec. 9. Except when a different place is specifically referred to,
this article applies to the operation of vehicles upon highways and
private roads of a residential subdivision, regardless of who
maintains them.
As added by P.L.2-1991, SEC.9. Amended by P.L.128-2002, SEC.3.
IC 9-21-1-10
Animals; vehicles drawn by animals
Sec. 10. A person who rides an animal or drives an animal
drawing a vehicle upon a roadway is:
(1) subject to the provisions of this article applicable to the
person who drives a vehicle; and
(2) is not subject to the provisions of this article that by their
nature have no application.
As added by P.L.2-1991, SEC.9.
IC 9-21-1-11
Interstate compacts and agreements; application to crimes and
offenses under this article
Sec. 11. The following are subject to IC 9-28:
(1) A:
(A) conviction for a crime; or
(B) judgment for an offense or ordinance violation;
under this article related to the use or operation of a motor
vehicle.
(2) The issuance of a citation (as defined in IC 9-28-2-1) under
this article.
As added by P.L.2-1991, SEC.9.