CHAPTER 8. VEHICLE OPERATION
IC 9-21-8
Chapter 8. Vehicle Operation
IC 9-21-8-1
Failure to comply with lawful order or law enforcement officer
Sec. 1. It is unlawful for a person to knowingly fail to comply
with a lawful order or direction of a law enforcement officer invested
by law with authority to direct, control, or regulate traffic.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-2
Roadways; use of right half; exceptions; traveling at reduced
speeds
Sec. 2. (a) Upon all roadways of sufficient width, a vehicle shall
be driven upon the right half of the roadway except as follows:
(1) When overtaking and passing another vehicle proceeding in
the same direction under the rules governing overtaking and
passing.
(2) When the right half of a roadway is closed to traffic under
construction or repair.
(3) Upon a roadway divided into three (3) marked lanes for
traffic under the rules applicable to a roadway divided into three
(3) marked lanes.
(4) Upon a roadway designated and signposted for one-way
traffic.
(b) Upon all roadways, a vehicle proceeding at less than the
normal speed of traffic at the time and place under the conditions
then existing shall be driven:
(1) in the right-hand lane then available for traffic; or
(2) as close as practicable to the right-hand curb or edge of the
roadway;
except when overtaking and passing another vehicle proceeding in
the same direction or when preparing for a left turn at an intersection
or into a private road or driveway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-3
Lane use restrictions
Sec. 3. (a) The Indiana department of transportation may adopt
rules to restrict the operation of a truck to a certain lane or lanes of
a state maintained highway and to a certain lane or lanes of a street
of a city or town that is a part of the state highway system and is
maintained by the state.
(b) The Indiana department of transportation may post a state
highway or a city or town street that is a part of the state highway
system with appropriate directional signs and signals.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-4
Vehicles proceeding in opposite directions; single lane roadways;
passing
Sec. 4. The persons who drive vehicles proceeding in opposite
directions shall pass each other to the right. Upon roadways having
width for not more than one (1) lane of traffic in each direction, each
person who drives a vehicle subject to this section shall give to the
other person who drives a vehicle at least one-half (1/2) of the main
traveled part of the roadway as nearly as possible.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-5
Overtaking and passing; limitations; exceptions
Sec. 5. The following rules govern the overtaking and passing of
vehicles proceeding in the same direction, subject to the limitations,
exceptions, and special rules stated:
(1) A person who drives a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left of the
other vehicle at a safe distance and may not again drive to the
right side of the roadway until safely clear of the overtaken
vehicle.
(2) Except when overtaking and passing on the right is
permitted, a person who drives an overtaken vehicle shall give
way to the right in favor of the overtaking vehicle on audible
signal and may not increase the speed of the overtaken vehicle
until completely passed by the overtaking vehicle.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-6
Overtaking and passing on the right; conditions
Sec. 6. (a) A person who drives a vehicle may overtake and pass
upon the right of another vehicle only under the following
conditions:
(1) When the vehicle overtaken is making or about to make a
left turn.
(2) Upon a roadway with unobstructed pavement of sufficient
width for two (2) or more lanes of vehicles moving lawfully in
the direction being traveled by the overtaking vehicle.
(b) A person who drives a vehicle may overtake and pass another
vehicle upon the right only under conditions that permit overtaking
upon the right in safety. Overtaking upon the right may not be made
by driving off the roadway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-7
Overtaking and passing on the left; conditions
Sec. 7. A vehicle may not be driven to the left side of the center
of the roadway in overtaking and passing another vehicle proceeding
in the same direction unless the left side of the roadway is clearly
visible and is free of oncoming traffic for a sufficient distance ahead
to permit the overtaking and passing to be completely made without
interfering with the safe operation of a vehicle approaching from the
opposite direction or a vehicle overtaken. The overtaking vehicle
must return to the right-hand side of the roadway before coming
within one hundred (100) feet of a vehicle approaching from the
opposite direction.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-7.5
Overtaking and passing; worksite no passing zones
Sec. 7.5. (a) This section applies to a worksite:
(1) upon a highway divided into two (2) or more marked lanes
for traffic moving in the same direction; and
(2) for which vehicles are instructed to merge from one (1) lane
into another lane by an appropriate sign.
(b) A person who drives a vehicle may not pass another vehicle
that is in the lane into which traffic is directed to merge within the
posted no passing zone established by the Indiana department of
transportation.
As added by P.L.75-1999, SEC.2.
IC 9-21-8-8
Driving to the left side of the roadway; conditions
Sec. 8. (a) This section does not apply to a one-way roadway.
(b) A vehicle may not be driven to the left side of the roadway
under the following conditions:
(1) When approaching the crest of a grade or upon a curve in
the highway where the view of the person who drives the
vehicle is obstructed within a distance that creates a hazard if
another vehicle might approach from the opposite direction.
(2) When approaching within one hundred (100) feet of or
traversing an intersection or a railroad grade crossing.
(3) When the view is obstructed upon approaching within one
hundred (100) feet of a bridge, viaduct, or tunnel.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-9
One-way streets
Sec. 9. A vehicle shall be driven upon a roadway designated and
signposted for one-way traffic only in the direction designated.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-10
Rotary traffic islands
Sec. 10. A vehicle passing around a rotary traffic island shall be
driven only to the right of the rotary traffic island.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-11
Roadways divided into three or more clearly marked lanes; rules
Sec. 11. Whenever a roadway has been divided into three (3) or
more clearly marked lanes for traffic, the following rules apply:
(1) A vehicle shall be driven as nearly as practicable entirely
within a single lane and may not be moved from the lane until
the person who drives the vehicle has first ascertained that the
movement can be made with safety.
(2) Upon a roadway that is divided into three (3) lanes, a
vehicle may not be driven in the center lane except under any of
the following conditions:
(A) When overtaking and passing another vehicle where the
roadway is clearly visible and the center lane is clear of
traffic within a safe distance.
(B) In preparation for a left turn.
(C) Where the center lane is at the time allocated exclusively
to traffic moving in the direction the vehicle is proceeding
and is signposted to give notice of the allocation.
(3) Official signs may be erected directing slow-moving traffic
to use a designated lane or allocating specified lanes to traffic
moving in the same direction. A person who drives a vehicle
shall obey the directions of each sign.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-12
Interstate highways; lane use restrictions for trucks
Sec. 12. Except when passing a slower vehicle, entering or leaving
a highway, or where a special hazard exists that requires, for safety
reasons, the use of an alternate lane, a person may not operate a
truck, truck tractor, road tractor, trailer, semitrailer, or pole trailer on
an interstate highway in any lane except the far right lane.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-13
Interstate highways consisting of at least three lanes; lane use
restrictions for trucks
Sec. 13. Except when entering or leaving a highway or where a
special hazard exists that requires, for safety reasons, the use of an
alternate lane, a person may not operate a truck, truck tractor, road
tractor, trailer, semitrailer, or pole trailer on an interstate highway
consisting of at least three (3) lanes in one (1) direction in any lane
other than the two (2) far right lanes.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-14
Following other vehicles; distance restrictions
Sec. 14. A person who drives a motor vehicle may not follow
another vehicle more closely than is reasonable and prudent, having
due regard for the speed of both vehicles, the time interval between
vehicles, and the condition of the highway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-15
Trucks and tractor-trailers; following other trucks; distance
restrictions
Sec. 15. Except when overtaking and passing, a person who drives
a motor truck, motor truck drawing another vehicle, or tractor-trailer
combination, when traveling upon a roadway outside of a business
or residence district or upon a roadway that is a part of the interstate
highway system, whether within or without a business or residence
district, may not follow within three hundred (300) feet of another
motor truck, motor truck drawing another vehicle, or a tractor-trailer
combination.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-16
Caravans and motorcades; distance between vehicles; exceptions
Sec. 16. (a) This section does not apply to funeral or marching
band processions.
(b) Motor vehicles being driven upon a roadway outside of a
business or residence district in a caravan or motorcade, whether or
not towing other vehicles, must be operated to allow sufficient space
between each vehicle or combination of vehicles to enable another
vehicle to enter and occupy the space without danger.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-17
Divided highways; restrictions
Sec. 17. Whenever a highway has been divided into two (2)
roadways by:
(1) leaving an intervening space;
(2) a physical barrier; or
(3) a clearly indicated dividing section constructed to impede
vehicular traffic;
a vehicle shall be driven only upon the right-hand roadway. A
vehicle may not be driven over, across, or within a dividing space,
barrier, or section, except through an opening in the physical barrier,
dividing section, or space or at a crossover or an intersection
established by public authority.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-18
Limited access facilities; entrance and exit to and from
Sec. 18. A person may not drive a vehicle onto or from a limited
access facility except at entrances and exits that are established by
the public authority in control of the roadway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-19
Freeways and interstate highways; entrance and exit to and from;
special crossovers; "U" turns
Sec. 19. A person may not drive a vehicle onto or from a freeway
or the interstate highway system except at entrances and exits that
are established by the public authority in control of the highway.
Whenever special crossovers between the main roadways of a
freeway or the interstate highway system are provided for emergency
vehicles or maintenance equipment only, the freeway or interstate
highway system shall be posted prohibiting "U" turns. A person who
drives a vehicle, except an emergency vehicle or maintenance
equipment, may not use the crossovers or make a "U" turn anywhere
on the freeway or interstate highway system.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-20
Pedestrians, bicycles, and other nonmotorized traffic; prohibition
on use of highways
Sec. 20. The Indiana department of transportation may by
resolution or order entered in its minutes, and local authorities may
by ordinance, with respect to any freeway or interstate highway
system under their respective jurisdictions, prohibit the use of a
highway by pedestrians, bicycles, or other nonmotorized traffic or by
a person operating a motor-driven cycle. The Indiana department of
transportation or the local authority adopting a prohibiting regulation
shall erect and maintain official signs on the freeway or interstate
highway system on which the regulations are applicable. If signs are
erected, a person may not disobey the restrictions stated on the signs.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-21
Intersections; right and left turns
Sec. 21. (a) A person who drives a vehicle intending to turn at an
intersection must do the following:
(1) Make both the approach for a right turn and a right turn as
close as practical to the right-hand curb or edge of the roadway.
(2) Make an approach for a left turn in that part of the right half
of the roadway nearest the center line of the roadway. After
entering the intersection, the person who drives a vehicle must
make the left turn so as to leave the intersection to the right of
the center line of the roadway being entered.
(3) Make an approach for a left turn from a two-way street into
a one-way street in that part of the right half of the roadway
nearest the center line of the roadway and pass to the right of
the center line where the center line enters the intersection.
(4) Make a left turn from a one-way street into a two-way street
by passing to the right of the center line of the street being
entered upon leaving the intersection.
(5) Where both streets or roadways are one way, make both the
approach for a left turn and a left turn as close as practicable to
the left-hand curb or edge of the roadway.
(b) The Indiana department of transportation and local authorities
in their respective jurisdictions may cause markers, buttons, or signs
to be placed within or adjacent to intersections requiring and
directing that a different course from that specified in this section be
traveled by vehicles turning at an intersection. When markers,
buttons, or signs are placed under this subsection, a person who
drives a vehicle may not turn the vehicle at an intersection other than
as directed and required by the markers, buttons, or signs.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-22
Grades; proceeding in opposite direction on approach to crest
Sec. 22. A vehicle may not be turned so as to proceed in the
opposite direction upon any curve, or upon the approach to, or near
the crest of a grade, where the vehicle cannot be seen by the person
who drives any other vehicle approaching from either direction
within seven hundred fifty (750) feet.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-23
Starting a vehicle that is stopped, standing, or parked
Sec. 23. A person may not start a vehicle that is stopped, standing,
or parked until the movement can be made with reasonable safety.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-24
Slowing down, turning from a direct course, and changing lanes;
performance with reasonable safety; signal
Sec. 24. A person may not:
(1) slow down or stop a vehicle;
(2) turn a vehicle from a direct course upon a highway; or
(3) change from one (1) traffic lane to another;
unless the movement can be made with reasonable safety. Before
making a movement described in this section, a person shall give a
clearly audible signal by sounding the horn if any pedestrian may be
affected by the movement and give an appropriate stop or turn signal
in the manner provided in sections 27 through 28 of this chapter if
any other vehicle may be affected by the movement.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-25
Turn signals
Sec. 25. A signal of intention to turn right or left shall be given
continuously during not less than the last two hundred (200) feet
traveled by a vehicle before turning or changing lanes. A vehicle
traveling in a speed zone of at least fifty (50) miles per hour shall
give a signal continuously for not less than the last three hundred
(300) feet traveled by the vehicle before turning or changing lanes.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-26
Stopping or sudden decrease in speed; signal
Sec. 26. A person may not stop or suddenly decrease the speed of
a vehicle without first giving an appropriate signal to a person who
drives a vehicle immediately to the rear when there is opportunity to
give a signal.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-27
Stop or turn signals; hand or arm signals; signal lamps; exception
for farm equipment; highway travel
Sec. 27. (a) Except as provided in subsection (b), a stop or turn
signal required under this chapter may be given by means of the hand
and arm or by a signal lamp or lamps or mechanical signal device.
(b) This subsection does not apply to farm tractors and
implements of agriculture designed to be operated primarily in a farm
field or on farm premises. A motor vehicle in use on a highway must
be equipped with and a required signal shall be given by a signal
lamp or lamps or mechanical signal device when either of the
following conditions exist:
(1) The distance from the center of the top of the steering post
to the left outside limit of the body, cab, or load of the motor
vehicle exceeds twenty-four (24) inches.
(2) The distance from the center of the top of the steering post
to the rear limit of the body or load of the motor vehicle
exceeds fourteen (14) feet. This measurement applies to a single
vehicle and a combination of vehicles.
As added by P.L.2-1991, SEC.9. Amended by P.L.210-2005, SEC.33.
IC 9-21-8-28
Hand and arm signals; left turn; right turn; decrease in speed
Sec. 28. All signals required under this chapter may be given by
hand and arm. A signal given under this section shall be given from
the left side of the vehicle in the following manner:
(1) A left turn is indicated by extending the hand and arm
horizontally.
(2) A right turn is indicated by extending the hand and arm
upward.
(3) A stop or decreased speed is indicated by extending the
hand and arm downward.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-29
Intersections; vehicles approaching from different highways; yield
of right-of-way
Sec. 29. Except when approaching through highways and areas in
which signs are posted giving other instructions, when two (2)
vehicles approach or enter an intersection from different highways
at approximately the same time, the person who drives the vehicle on
the left shall yield the right-of-way to the vehicle on the right.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-30
Intersections; vehicles approaching from opposite directions; yield
of right-of-way
Sec. 30. A person who drives a vehicle within an intersection
intending to turn to the left shall yield the right-of-way to a vehicle
approaching from the opposite direction that is within the
intersection or so close to the intersection as to constitute an
immediate hazard. After yielding and giving a signal as required by
this chapter, the person who drives the vehicle may make the left
turn, and the persons who drive other vehicles approaching the
intersection from the opposite direction shall yield the right-of-way
to the vehicle making the left turn.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-31
Entrance to through highways; stopping; yield of right-of-way
Sec. 31. (a) A person who drives a vehicle shall do the following:
(1) Stop as required under this article at the entrance to a
through highway.
(2) Yield the right-of-way to other vehicles that have entered
the intersection from the through highway or that are
approaching so closely on the through highway as to constitute
an immediate hazard.
(b) After yielding as described in subsection (a)(2), the person
who drives a vehicle may proceed and persons who drive other
vehicles approaching the intersection on the through highway shall
yield the right-of-way to the vehicle proceeding into or across the
through highway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-32
Stop signs at intersections; duty to obey
Sec. 32. A person who drives a vehicle shall stop at an
intersection where a stop sign is erected at one (1) or more entrances
to a through highway that are not a part of the through highway and
proceed cautiously, yielding to vehicles that are not required to stop.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-33
Yield signs; collision with pedestrian or vehicle
Sec. 33. (a) A person who drives a vehicle approaching a yield
sign shall slow down to a speed reasonable for the existing
conditions or stop if necessary. The person shall yield the
right-of-way to a pedestrian legally crossing the roadway and to a
vehicle in the intersection or approaching on another highway so
closely as to present an immediate hazard. After yielding, the person
may proceed, and all other vehicles approaching the intersection
shall yield to the vehicle proceeding.
(b) If a person who drives a vehicle is involved in a collision with
a pedestrian in a crosswalk or a vehicle in the intersection after
driving past a yield sign without stopping, the collision is considered
prima facie evidence of the person's failure to yield the right-of-way.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-34
Entrance to highway from private road or driveway; yield of
right-of-way
Sec. 34. A person who drives a vehicle that is about to enter or
cross a highway from a private road or driveway shall yield the
right-of-way to all vehicles approaching on the highway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-35
Emergency vehicles; yield of right-of-way
Sec. 35. (a) Upon the immediate approach of an authorized
emergency vehicle, when the person who drives the authorized
emergency vehicle is giving audible signal by siren or displaying
alternately flashing red, red and white, or red and blue lights, a
person who drives another vehicle shall do the following unless
otherwise directed by a law enforcement officer:
(1) Yield the right-of-way.
(2) Immediately drive to a position parallel to and as close as
possible to the right-hand edge or curb of the highway clear of
any intersection.
(3) Stop and remain in the position until the authorized
emergency vehicle has passed.
(b) Upon approaching a stationary authorized emergency vehicle,
when the authorized emergency vehicle is giving a signal by
displaying alternately flashing red, red and white, or red and blue
lights, a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by
making a lane change into a lane not adjacent to that of the
authorized emergency vehicle, if possible with due regard to
safety and traffic conditions, if on a highway having at least
four (4) lanes with not less than two (2) lanes proceeding in the
same direction as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle
to a speed at least ten (10) miles per hour less than the posted
speed limit, maintaining a safe speed for road conditions, if
changing lanes would be impossible or unsafe.
(c) Upon approaching a stationary recovery vehicle, a stationary
utility service vehicle (as defined in IC 8-1-8.3-5), or a stationary
road, street, or highway maintenance vehicle, when the vehicle is
giving a signal by displaying alternately flashing amber lights, a
person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by
making a lane change into a lane not adjacent to that of the
recovery vehicle, utility service vehicle, or road, street, or
highway maintenance vehicle, if possible with due regard to
safety and traffic conditions, if on a highway having at least
four (4) lanes with not less than two (2) lanes proceeding in the
same direction as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle
to a speed at least ten (10) miles per hour less than the posted
speed limit, maintaining a safe speed for road conditions, if
changing lanes would be impossible or unsafe.
(d) This section does not operate to relieve the person who drives
an authorized emergency vehicle, a recovery vehicle, a utility service
vehicle, or a road, street, or highway maintenance vehicle from the
duty to operate the vehicle with due regard for the safety of all
persons using the highway.
As added by P.L.2-1991, SEC.9. Amended by P.L.18-1999, SEC.1;
P.L.39-2000, SEC.7; P.L.1-2001, SEC.6; P.L.14-2010, SEC.1.
IC 9-21-8-36
Traffic control signals not in operation
Sec. 36. Except as provided in IC 9-21-17-8, when traffic control
signals are not in place or not in operation, a person who drives a
vehicle shall yield the right-of-way, slowing down or stopping if
necessary to yield, to a pedestrian crossing the roadway within a
crosswalk when the pedestrian is upon the half of the roadway upon
which the vehicle is traveling or when the pedestrian is approaching
closely from the opposite half of the roadway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-37
Pedestrians and children; due care; caution
Sec. 37. Notwithstanding other provisions of this article or a local
ordinance, a person who drives a vehicle shall do the following:
(1) Exercise due care to avoid colliding with a pedestrian or a
person propelling a human powered vehicle, giving an audible
signal when necessary.
(2) Exercise proper caution upon observing a child or an
obviously confused, incapacitated, or intoxicated person.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-38
Safety zones
Sec. 38. A vehicle may not be driven through or within a safety
zone.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-39
Railroad grade crossings
Sec. 39. Whenever a person who drives a vehicle approaches a
railroad grade crossing, the person shall stop within fifty (50) feet
but not less than fifteen (15) feet from the nearest track of the
railroad and may not proceed until the person can do so safely under
the following circumstances:
(1) When a clearly visible electric or mechanical signal device
gives warning of the immediate approach of a train or other
on-track equipment.
(2) When a crossing gate is lowered or when a human flagman
gives or continues to give a signal of the approach or passage of
a train or other on-track equipment.
(3) When a railroad train or other on-track equipment
approaching within one thousand five hundred (1,500) feet of
a highway crossing emits an audible signal and because of
speed or nearness to the crossing is an immediate hazard.
(4) When an approaching train or other on-track equipment is
plainly visible and is in hazardous proximity to the crossing.
As added by P.L.2-1991, SEC.9. Amended by P.L.119-1995, SEC.6;
P.L.8-2010, SEC.3.
IC 9-21-8-40
Heavy equipment or structures; railroad grade crossings; notice;
procedure
Sec. 40. (a) A person may not operate or move a caterpillar
tractor, steam shovel, derrick, roller, or any equipment or structure
weighing more than ten (10) tons and having a normal operating
speed of not more than six (6) miles per hour or a vertical body or
load clearance of less than nine (9) inches above the level surface of
a roadway upon or across tracks at a railroad grade crossing without
first complying with this section.
(b) Notice of an intended crossing under this section shall be
given to a superintendent of the railroad, and a reasonable time shall
be given to the railroad to provide proper protection at the crossing.
(c) Before making a crossing under this section, the person
operating or moving a vehicle or equipment described in subsection
(a) shall first stop the vehicle or equipment not less than ten (10) feet
and not more than fifty (50) feet from the nearest rail or the railway.
While stopped, the person shall listen and look in both directions
along the track for an approaching train or other on-track equipment
and for signals indicating the approach of a train or other on-track
equipment. The person shall not proceed until the crossing can be
made safely.
(d) A crossing may not be made when warning is given by
automatic signal, crossing gates, a flagman, or otherwise of the
immediate approach of a railroad train or other on-track equipment.
As added by P.L.2-1991, SEC.9. Amended by P.L.8-2010, SEC.4.
IC 9-21-8-41
Traffic control devices; obeyance of instructions; highway
worksites; extraordinary care; safety controls
Sec. 41. (a) A person who drives a vehicle or street car may not
disobey the instructions of an official traffic control device placed in
accordance with this article unless otherwise directed by a police
officer.
(b) When a traffic control device or flagman is utilized at a
worksite on a highway for traffic control, a person who drives a
vehicle shall exercise extraordinary care to secure the mutual safety
of all persons and vehicles at the worksite.
(c) All traffic shall observe and obey traffic control devices
including signals, signs, and warnings, and all directions, signs, or
warning devices that may be given or displayed by a police officer
or flagman to safely control traffic movement at a worksite and
promote safety at a worksite.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-41.5
Vehicle entering school crossing zone; obeyance of instructions
Sec. 41.5. (a) A person who drives a vehicle shall obey the
instructions of a school crossing guard to stop the vehicle before
entering a school crossing zone.
(b) Whenever a person who drives a vehicle approaches a school
crossing zone, the person shall exercise extraordinary caution to
secure the safety of children in the school crossing zone.
As added by P.L.116-1993, SEC.3.
IC 9-21-8-41.7
Duty of vehicle operator to obey instructions of railroad flagman
Sec. 41.7. (a) For purposes of this section, "railroad flagman" has
the meaning set forth in IC 8-9-2-1(i).
(b) A person who operates a vehicle shall obey the instructions of
a railroad flagman to stop the vehicle before approaching a location
in which a train or other on-track equipment is or may be located.
As added by P.L.8-2010, SEC.5.
IC 9-21-8-42
Sidewalks; approaching from an alley, driveway, or building
Sec. 42. A person who drives a vehicle within a business or
residence district that is emerging from an alley, a driveway, or a
building shall stop the vehicle immediately before driving onto a
sidewalk or into the sidewalk area extending across an alleyway or
a private driveway.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-43
Loaded vehicles; passengers; obstruction of view; interference with
control of vehicle
Sec. 43. (a) A person may not drive a vehicle when any of the
following conditions exist:
(1) The vehicle:
(A) is loaded in a manner; or
(B) has more than three (3) persons in the front seat;
so as to obstruct the view of the person who drives the vehicle
to the front or sides of the vehicle.
(2) The vehicle:
(A) is loaded in a manner; or
(B) has more than three (3) persons in the front seat;
so as to interfere with the person's control over the driving
mechanism of the vehicle.
(b) A passenger in a vehicle or street car may not do the
following:
(1) Ride in a position that interferes with the view ahead or to
the sides of the person who drives the vehicle or street car.
(2) Interfere with the person's control over the driving
mechanism of the vehicle or street car.
As added by P.L.2-1991, SEC.9. Amended by P.L.1-1991, SEC.96.
IC 9-21-8-44
Coasting in neutral when traveling upon a down grade; prohibition
Sec. 44. (a) A person who drives a motor vehicle may not coast
with the gears of the vehicle in neutral when traveling upon a down
grade.
(b) A person who drives a commercial motor vehicle may not
coast with the clutch disengaged when traveling upon a down grade.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-44.5
Compression release engine brakes
Sec. 44.5. (a) As used in this section, "compression release engine
brake" means a hydraulically operated device that converts a power
producing diesel engine into a power absorbing retarding
mechanism.
(b) A person who drives a motor vehicle equipped with
compression release engine brakes on the Indiana toll road in a
county having a population of more than one hundred forty-five
thousand (145,000) but less than one hundred forty-eight thousand
(148,000) may not use the motor vehicle's compression release
engine brakes instead of the service brake system, except in the case
of failure of the service brake system.
As added by P.L.23-2001, SEC.2. Amended by P.L.1-2002, SEC.42.
IC 9-21-8-45
Farm wagons; interstate and state highways; prohibitions
Sec. 45. (a) A farm wagon may not be operated on an interstate
highway.
(b) In addition to the prohibition set forth in subsection (a), a farm
wagon (as defined in IC 9-13-2-60(a)(2)) may not be operated on a
highway designated as a part of the state highway system under
IC 8-23-4-2, except that a farm wagon may cross a state highway,
other than a limited access highway, at right angles for the purpose
of getting from one (1) farm field to another when the operation can
be done safely. The operator shall bring the farm wagon to a
complete stop before proceeding across the state highway and shall
yield the right-of-way to all traffic.
As added by P.L.2-1991, SEC.9. Amended by P.L.150-2009, SEC.13.
IC 9-21-8-46
Implements of agriculture on interstate highways
Sec. 46. A person may not drive or operate:
(1) an implement of agriculture designed to be operated
primarily in a farm field or on farm premises; or
(2) a piece of special machinery;
upon any part of an interstate highway.
As added by P.L.2-1991, SEC.9. Amended by P.L.210-2005, SEC.34.
IC 9-21-8-47
Vehicles that must be operated to avoid damage to highways or
interference with traffic
Sec. 47. The following vehicles must be moved or operated so as
to avoid any material damage to the highway or unreasonable
interference with other highway traffic:
(1) Machinery or equipment used in highway construction or
maintenance by the Indiana department of transportation,
counties, or municipalities.
(2) Farm drainage machinery.
(3) Implements of agriculture.
(4) Firefighting apparatus owned or operated by a political
subdivision or a volunteer fire department (as defined in
IC 36-8-12-2).
(5) Farm vehicles loaded with farm products.
As added by P.L.2-1991, SEC.9. Amended by P.L.1-1999, SEC.31;
P.L.210-2005, SEC.35.
IC 9-21-8-48
Vehicles with contents escaping; prohibition from operation;
exceptions
Sec. 48. A vehicle, except:
(1) a vehicle containing poultry or livestock being transported
to market; or
(2) a highway maintenance vehicle engaged in spreading sand
or deicing chemicals;
may not be driven or moved on a highway if the vehicle's contents
are dripping, sifting, leaking, or otherwise escaping from the vehicle.
As added by P.L.2-1991, SEC.9. Amended by P.L.79-1991, SEC.4.
IC 9-21-8-49
Violations; Class C infraction
Sec. 49. Except as provided in sections 50, 51, 52, 54, 55, 56, and
58 of this chapter, a person who violates this chapter commits a Class
C infraction.
As added by P.L.2-1991, SEC.9. Amended by P.L.18-1999, SEC.2;
P.L.40-2007, SEC.4; P.L.65-2010, SEC.4.
IC 9-21-8-50
Reckless operation of a tractor-trailer combination; Class B
misdemeanor
Sec. 50. A person who operates a tractor-trailer combination in a
reckless or deliberate attempt to:
(1) endanger the safety or property of others; or
(2) block the proper flow of traffic;
commits a Class B misdemeanor.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-51
Blinding lights; failure to dim; Class B infraction
Sec. 51. A person who:
(1) operates a vehicle; and
(2) fails to dim bright or blinding lights when meeting another
vehicle or pedestrian;
commits a Class B infraction.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-52
Reckless driving; passing a school bus with extended stop arm;
penalty; license suspension
Sec. 52. (a) A person who operates a vehicle and who recklessly:
(1) drives at such an unreasonably high rate of speed or at such
an unreasonably low rate of speed under the circumstances as
to:
(A) endanger the safety or the property of others; or
(B) block the proper flow of traffic;
(2) passes another vehicle from the rear while on a slope or on
a curve where vision is obstructed for a distance of less than
five hundred (500) feet ahead;
(3) drives in and out of a line of traffic, except as otherwise
permitted; or
(4) speeds up or refuses to give one-half (1/2) of the roadway to
a driver overtaking and desiring to pass;
commits a Class B misdemeanor.
(b) A person who operates a vehicle and who recklessly passes a
school bus stopped on a roadway when the arm signal device
specified in IC 9-21-12-13 is in the device's extended position
commits a Class B misdemeanor. However, the offense is a Class A
misdemeanor if it causes bodily injury to a person.
(c) If an offense under subsection (a) or (b) results in damage to
the property of another person or bodily injury to another person, the
court shall recommend the suspension of the current driving license
of the person for a fixed period of:
(1) not less than thirty (30) days; and
(2) not more than one (1) year.
As added by P.L.2-1991, SEC.9. Amended by P.L.127-1993, SEC.1;
P.L.1-2005, SEC.103; P.L.70-2009, SEC.3.
IC 9-21-8-53
Speed violations; complaint or affidavit; summons, warrant, or
notice; contents; negligence
Sec. 53. (a) In every charge of violation of a speed regulation
under this article, the complaint or affidavit and the summons,
warrant, or notice to appear must specify the following:
(1) The speed at which the defendant is alleged to have driven.
(2) The prima facie or fixed speed applicable within the district
or at the location.
(b) The provisions of this article declaring or providing for fixed
and prima facie speed limitations may not be construed to relieve the
plaintiff in a civil action from the burden of proving negligence on
the part of the defendant as the proximate cause of the damage
alleged.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-54
Penalty for improper approach to stationary emergency vehicle
Sec. 54. (a) A person who violates section 35(b) or section 35(c)
of this chapter commits a Class A infraction.
(b) If a violation of section 35(b) of this chapter results in damage
to the property of another person, in addition to any other penalty
imposed, the court shall recommend that the person's driving
privileges be suspended for a fixed period of not less than ninety (90)
days and not more than one (1) year.
(c) If a violation of section 35(c) of this chapter results in damage
to the property of another person of at least two hundred fifty dollars
($250), in addition to any other penalty imposed, the court shall
recommend that the person's driving privileges be suspended for a
fixed period of not less than ninety (90) days and not more than one
(1) year.
(d) If a violation of section 35(b) or section 35(c) of this chapter
results in injury to another person, in addition to any other penalty
imposed, the court shall recommend that the person's driving
privileges be suspended for a fixed period of not less than one
hundred eighty (180) days and not more than two (2) years.
(e) If a violation of section 35(b) or section 35(c) of this chapter
results in the death of another person, in addition to any other penalty
imposed, the court shall recommend that the person's driving
privileges be suspended for two (2) years.
(f) The bureau shall, upon receiving a record of a judgment
entered against a person under this section:
(1) suspend the person's driving privileges for a mandatory
period; or
(2) extend the period of an existing suspension for a fixed
period;
of not less than ninety (90) days and not more than two (2) years.
The bureau shall fix this period in accordance with the
recommendation of the court that entered the judgment.
As added by P.L.18-1999, SEC.3. Amended by P.L.39-2000, SEC.8.
IC 9-21-8-55
Aggressive driving
Sec. 55. (a) This section does not apply to a law enforcement
official engaged in the law enforcement official's official duties.
(b) For purposes of this section, a person engages in aggressive
driving if, during one (1) episode of continuous driving of a vehicle,
the person does or commits at least three (3) of the following:
(1) Following a vehicle too closely in violation of IC 9-21-8-14.
(2) Unsafe operation of a vehicle in violation of IC 9-21-8-24.
(3) Overtaking another vehicle on the right by driving off the
roadway in violation of IC 9-21-8-6.
(4) Unsafe stopping or slowing a vehicle in violation of
IC 9-21-8-26.
(5) Unnecessary sounding of the horn in violation of
IC 9-19-5-2.
(6) Failure to yield in violation of IC 9-21-8-29 through
IC 9-21-8-34.
(7) Failure to obey a traffic control device in violation of
IC 9-21-8-41.
(8) Driving at an unsafe speed in violation of IC 9-21-5.
(9) Repeatedly flashing the vehicle's headlights.
(c) A person who, with the intent to harass or intimidate a person
in another vehicle, knowingly or intentionally engages in aggressive
driving commits aggressive driving, a Class A misdemeanor, except
as provided in IC 9-21-8-56(d), (f), (g), and (h).
As added by P.L.75-2006, SEC.2. Amended by P.L.40-2007, SEC.5.
IC 9-21-8-56
Highway work zones; penalties for violations
Sec. 56. (a) For purposes of this section, "highway work zone" has
the meaning set forth in IC 8-23-2-15.
(b) Except as provided in subsections (f) through (h), a person
who recklessly operates a vehicle in the immediate vicinity of a
highway work zone when workers are present commits a Class A
misdemeanor.
(c) Except as provided in subsections (f) through (h), a person
who knowingly, intentionally, or recklessly operates a motor vehicle
in the immediate vicinity of a highway work zone when workers are
present with the intent to:
(1) damage traffic control devices; or
(2) inflict bodily injury on a worker;
commits a Class A misdemeanor.
(d) Except as provided in subsections (f) through (h), a person
who knowingly, intentionally, or recklessly engages in:
(1) aggressive driving, as defined in section 55 of this chapter;
or
(2) a speed contest, as prohibited under IC 9-21-6-1;
in the immediate vicinity of a highway work zone when workers are
present commits a Class A misdemeanor.
(e) Except as provided in subsections (f) through (h), a person
who recklessly fails to obey a traffic control device or flagman, as
prohibited under section 41 of this chapter, in the immediate vicinity
of a highway work zone when workers are present commits a Class
A misdemeanor.
(f) An offense under subsection (b), (c), (d), or (e) is a Class D
felony if the person who commits the offense:
(1) has a prior unrelated conviction under this section in the
previous five (5) years; or
(2) is operating the vehicle in violation of IC 9-30-5-1 or
IC 9-30-5-2.
(g) An offense under subsection (b), (c), (d), or (e) is a Class D
felony if the offense results in bodily injury to a worker in the
worksite.
(h) An offense under subsection (b), (c), (d), or (e) is a Class C
felony if the offense results in the death of a worker in the worksite.
As added by P.L.40-2007, SEC.6.
IC 9-21-8-57
Operation of golf cart on highway
Sec. 57. A golf cart may not be operated on a highway except in
accordance with an ordinance adopted under IC 9-21-1-3(a)(14) and
IC 9-21-1-3.3(a) authorizing the operation of a golf cart on the
highway.
As added by P.L.182-2009(ss), SEC.293.
IC 9-21-8-58
Intrastate carriers of metal coils; certification
Sec. 58. (a) This section applies only to intrastate carriers of metal
coils.
(b) 49 CFR 393.120 is adopted as Indiana law.
(c) A motor carrier (as defined in IC 8-2.1-17-10) may not initiate
or terminate the commercial transport within Indiana by commercial
motor vehicle of one (1) or more metal coils that, individually or
grouped together, weigh at least two thousand two hundred
sixty-eight (2,268) kilograms (five thousand (5,000) pounds), as
provided in 49 CFR 393.120, unless the operator of the commercial
motor vehicle transporting the metal coil or coils is certified in
proper load securement as provided in 49 CFR 393.120.
(d) An operator of a commercial motor vehicle may not initiate or
terminate the commercial transport within Indiana by the commercial
motor vehicle of one (1) or more metal coils that, individually or
grouped together, weigh at least two thousand two hundred
sixty-eight (2,268) kilograms (five thousand (5,000) pounds), as
provided in 49 CFR 393.120, unless the operator of the commercial
motor vehicle transporting the metal coil or coils is certified in
proper load securement as provided in 49 CFR 393.120.
(e) The department of revenue shall adopt and enforce rules under
IC 4-22-2 concerning the certification in proper load securement (as
provided in 49 CFR 393.120) of operators of commercial motor
vehicles engaged in the commercial transport of one (1) or more
metal coils, as provided in 49 CFR 393.120. The rules adopted under
this subsection must recognize metal coil shipping certificates issued
by other states.
(f) A person who knowingly or intentionally violates subsection
(c) or (d) commits a Class A misdemeanor.
As added by P.L.65-2010, SEC.5.