CHAPTER 21. FARM VEHICLES INVOLVED IN COMMERCIAL ENTERPRISES
IC 9-21-21
Chapter 21. Farm Vehicles Involved in Commercial Enterprises
IC 9-21-21-1
Vehicles used for farm purposes
Sec. 1. A motor vehicle, trailer, or semitrailer and tractor may be
operated primarily as a farm truck, farm trailer, or farm semitrailer
and tractor if the vehicle meets the specifications set forth in
IC 9-29-5-13(b).
As added by P.L.210-2005, SEC.36.
IC 9-21-21-2
Farm trucks used for personal purposes
Sec. 2. A farm truck described in section 1 of this chapter may be
used for personal purposes if the vehicle otherwise qualifies for that
class of registration.
As added by P.L.210-2005, SEC.36.
IC 9-21-21-3
Farm vehicles in commercial usage
Sec. 3. Except as provided in section 4.3 of this chapter, if the
owner of a farm truck, farm trailer, or farm semitrailer and tractor
described in section 1 of this chapter begins to operate the farm
truck, farm trailer, or farm semitrailer and tractor or permits the farm
truck, farm trailer, or farm semitrailer and tractor to be operated:
(1) in the conduct of a commercial enterprise; or
(2) for the transportation of farm products after the commodities
have entered the channels of commerce during a registration
year for which the license fee under IC 9-29-5-13 has been paid;
the owner shall pay the amount computed under IC 9-29-5-13.5(b)
due for the remainder of the registration year for the license fee.
As added by P.L.210-2005, SEC.36. Amended by P.L.21-2007,
SEC.2; P.L.191-2007, SEC.3.
IC 9-21-21-4
Repealed
(Repealed by P.L.21-2007, SEC.5.)
IC 9-21-21-4.3
Intrastate operation for perishable crop transportation; extension
of license
Sec. 4.3. (a) Notwithstanding section 3 of this chapter, subsection
(b), and IC 9-18-2-4, a farm truck, farm trailer, or farm semitrailer
and tractor described in section 1 of this chapter may be operated
intrastate for the transportation of seasonal, perishable, fruit or
vegetables to the first point of processing for not more than one (1)
thirty (30) day period in a registration year established by
IC 9-18-2-7. Before a vehicle may be operated as provided in this
subsection, the owner shall pay to the bureau:
(1) the license fee due under IC 9-29-5-13(b); and
(2) eight and one-half percent (8.5%) of the license fee paid
under IC 9-29-5-13(b);
for the farm truck, farm trailer, or farm semitrailer and tractor.
(b) Notwithstanding section 3 of this chapter, subsection (a), and
IC 9-18-2-4, a farm truck, farm trailer, or farm semitrailer and tractor
described in section 1 of this chapter may be operated intrastate for
the transportation of tomatoes or silage to the first point of
processing for a period of not more than one (1) seventy-one (71) day
period in a registration year established by IC 9-18-2-7. Before a
vehicle may be operated as provided in this subsection, the owner
shall pay to the bureau:
(1) the license fee due under IC 9-29-5-13(b); and
(2) seventeen percent (17%) of the license fee paid under
IC 9-29-5-13(b);
for the farm truck, farm trailer, or farm semitrailer and tractor.
(c) The bureau shall adopt rules under IC 4-22-2 to authorize the
operation of a farm truck, farm trailer, or farm semitrailer and tractor
in the manner provided in this section.
As added by P.L.191-2007, SEC.4.
IC 9-21-21-5
Penalties for improper use of farm vehicle
Sec. 5. In addition to the penalty provided in section 7 of this
chapter, and except as provided in section 4.3 of this chapter, a
person that operates a vehicle or allows a vehicle that the person
owns to be operated when the vehicle is:
(1) registered under this chapter as a farm truck, farm trailer, or
farm semitrailer and tractor; and
(2) operated as set forth in section 3 of this chapter;
commits a Class C infraction. However, the offense is a Class B
infraction if, within the three (3) years preceding the commission of
the offense, the person had a prior unrelated judgment under this
section.
As added by P.L.210-2005, SEC.36. Amended by P.L.191-2007,
SEC.5.
IC 9-21-21-6
Venue for prosecution
Sec. 6. For purposes of this chapter, the operation of a vehicle in
violation of section 3 of this chapter is a continuing offense and the
venue for prosecution lies in a county in which the unlawful
operation occurred. However, a:
(1) judgment against; or
(2) finding by the court for;
the owner or operator bars a prosecution in another county.
As added by P.L.210-2005, SEC.36.
IC 9-21-21-7
Impoundment of farm vehicle operated improperly
Sec. 7. (a) Except as provided in subsection (b), a police officer
who discovers a vehicle registered under this chapter as a farm truck,
farm trailer, or farm semitrailer and tractor that is being operated as
set forth in section 3 of this chapter:
(1) may take the vehicle into the police officer's custody; and
(2) may cause the vehicle to be taken to and stored in a suitable
place until:
(A) the legal owner of the vehicle can be found; or
(B) the proper certificate of registration and license plates
have been procured and the amount computed under
IC 9-29-5-13.5 has been paid.
(b) A vehicle being operated in violation of section 3 of this
chapter that is carrying perishable fruits or vegetables or livestock
may not be impounded, and the operator may proceed to the point of
destination after having been stopped by a police officer under
subsection (a).
As added by P.L.210-2005, SEC.36.