CHAPTER 15. ISSUANCE OF RESTRICTED DRIVER'S LICENSE BECAUSE OF HARDSHIP
IC 9-24-15
Chapter 15. Issuance of Restricted Driver's License Because of
Hardship
IC 9-24-15-1
Application of chapter; exception; inadvertent failure to maintain
financial responsibility
Sec. 1. (a) Except as provided in subsection (b), this chapter does
not apply to the following:
(1) A suspension of a driving license upon the failure of an
individual to file security or proof of financial responsibility
following an accident as required by or upon the failure of any
individual to satisfy a judgment for damages arising out of the
use of a motor vehicle on a public highway as provided for in
IC 9-25.
(2) When suspension is by reason of:
(A) physical, mental, or emotional instability;
(B) having caused serious bodily injury to or the death of
another person when operating a motor vehicle after
knowingly or intentionally failing to take prescribed
medication, the taking of which was a condition of the
issuance of the operator's restricted driver's license; or
(C) the applicant has been convicted of involuntary
manslaughter or reckless homicide as a result of an
automobile accident.
(3) A suspension of the license of an applicant whose license
has been previously suspended.
(4) A suspension of the license of an applicant who has failed
to use timely appeal procedures provided by the bureau.
(5) After June 30, 2005, a suspension of the license of an
applicant whose commercial driver's license has been
disqualified under 49 CFR 383.51 or other applicable federal or
state law, including an alcohol or a controlled substance
conviction under IC 9-30-5-4 or 49 CFR 391.15.
(b) A court may grant a petition for a restricted driving permit
from an individual who:
(1) received a request for evidence of financial responsibility
after:
(A) an accident under IC 9-25-5-2; or
(B) a conviction of a motor vehicle violation under
IC 9-25-9-1; and
(2) failed to provide proof of financial responsibility under
IC 9-25-6;
if the individual shows by a preponderance of the evidence that the
failure to maintain financial responsibility was inadvertent.
As added by P.L.2-1991, SEC.12. Amended by P.L.70-1992, SEC.1;
P.L.59-1994, SEC.2; P.L.219-2003, SEC.5; P.L.208-2003, SEC.14.
IC 9-24-15-2
Petition; conditions
Sec. 2. If:
(1) an individual's driving license has been suspended under
Indiana motor vehicle law; and
(2) because of the nature of the individual's employment the
suspension would work an undue hardship and burden upon the
individual's family or dependents;
the individual may file a verified petition for a restricted driving
permit for the sole purpose of driving to and from work and in the
course of employment during the period of the driving license
suspension.
As added by P.L.2-1991, SEC.12.
IC 9-24-15-3
Petition; contents
Sec. 3. The following information must be included in a petition
filed under section 2 of this chapter:
(1) The petitioner's age, place of residence, and occupation.
(2) That the petitioner has never been convicted of a similar
offense or been suspended for a similar reason.
(3) The reason and nature of the hardship or burden upon the
petitioner's family or dependents.
(4) The nature of and the necessity of the use of a motor vehicle
in the petitioner's employment.
(5) The petitioner's place of employment, hours worked, and
route to be traveled for employment purposes.
(6) After June 30, 2005, a certified copy of the petitioner's
driving record in Indiana and other states in which the petitioner
has held driving privileges, including all states in which the
petitioner has held a commercial driver's license.
(7) After June 30, 2005, a verified statement that the petitioner
meets eligibility requirements for a restricted license as set forth
in section 6.5 of this chapter.
(8) Whether the person is a habitual violator of traffic laws
under IC 9-30-10.
As added by P.L.2-1991, SEC.12. Amended by P.L.219-2003, SEC.6;
P.L.28-2010, SEC.1.
IC 9-24-15-4
Petition for restricted driving permit; prosecutor adverse party
Sec. 4. (a) A verified petition filed under section 2 of this chapter
must be filed in the circuit court or superior court of the county in
which the petitioner resides. However, if at the time the petition is
filed:
(1) the petitioner is a defendant in a pending case concerning
the commission of an offense described in IC 9-30-5;
(2) the petitioner is on probation after being convicted of
committing an offense described in IC 9-30-5;
(3) the petitioner's driving privileges have been suspended
under IC 35-48-4-15 after the petitioner was convicted of
committing an offense described in IC 35-48-4-15(a); or
(4) the petitioner's driving privileges have been suspended in
accordance with IC 9-30-4-6(b)(3) following the petitioner's
conviction in Indiana for a felony;
the petition may be filed only in the circuit court or superior court in
which the case is pending or the petitioner was convicted.
(b) The clerk of the court shall docket the verified petition in the
name of the petitioner against the prosecuting attorney of the county.
(c) The prosecuting attorney shall appear in person or by deputy
and be heard by the court on the petition.
(d) The bureau:
(1) serves as a recordkeeper; and
(2) is not a party;
in a proceeding under this chapter.
As added by P.L.2-1991, SEC.12. Amended by P.L.54-2003, SEC.1;
P.L.127-2008, SEC.2; P.L.100-2010, SEC.2.
IC 9-24-15-5
Court procedure for restricted driving permit
Sec. 5. (a) The issues before the court in a proceeding under this
chapter must be considered closed by denial of all matters at issue
without the necessity of filing any further pleadings.
(b) Changes of venue from the judge or from the county must be
granted a party under the law governing changes of venue in civil
causes.
(c) A suspension or revocation under this title remains in full
force and effect during the pendency of a cause under this chapter
and until the issuance of the restricted driving permit by the bureau
in accordance with the recommendation of the court.
(d) Records accumulated in the regular course of business and
routinely on file in the offices of the prosecuting attorney of the
county, sheriff of the county, and bureau may be admitted at the
hearing on the petition. The records constitute prima facie evidence
of the matters contained on the face of the petition in relation to the
petitioner.
(e) Court costs (including fees) for the action on the petition must
be charged against the petitioner. The prosecuting attorney of the
county is not liable or taxable for any costs (including fees) in any
action under this chapter.
As added by P.L.2-1991, SEC.12. Amended by P.L.54-2003, SEC.2;
P.L.106-2010, SEC.2.
IC 9-24-15-6
Findings of facts; recommendations; monitoring requirements
Sec. 6. (a) The court shall, after hearing the evidence upon a
petition filed under this chapter and without any requests, make, sign,
and file special finding of facts in writing. Except as provided in
section 6.5 of this chapter, the court may do either of the following:
(1) Refuse to grant the petition.
(2) Make a final determination in the nature of a
recommendation to the bureau that the petitioner be granted a
restricted driving permit.
The judge of the court shall sign the recommendation and have the
recommendation entered in the order book by the clerk of the court,
with a copy sent to the bureau.
(b) If the court recommends that a person who is a habitual traffic
violator under IC 9-30-10 be granted a restricted driving permit, the
court shall require the person to submit to reasonable monitoring
requirements.
As added by P.L.2-1991, SEC.12. Amended by P.L.103-1991, SEC.1;
P.L.28-2010, SEC.2.
IC 9-24-15-6.5
Petition granted by court; conditions; contents of petition; time of
effect
Sec. 6.5. (a) The court shall grant a petition for a restricted driving
permit filed under this chapter if all of the following conditions exist:
(1) The person was not convicted of one (1) or more of the
following:
(A) A Class D felony under IC 9-30-5-4 before July 1, 1996,
or a Class D felony or a Class C felony under IC 9-30-5-4
after June 30, 1996.
(B) A Class C felony under IC 9-30-5-5 before July 1, 1996,
or a Class C felony or a Class B felony under IC 9-30-5-5
after June 30, 1996.
(2) The person's driving privileges were suspended under
IC 9-30-6-9(c) or IC 35-48-4-15.
(3) The driving that was the basis of the suspension was not in
connection with the person's work.
(4) The person does not have a previous conviction for
operating while intoxicated.
(5) The person is participating in a rehabilitation program
certified by either the division of mental health and addiction or
the Indiana judicial center as a condition of the person's
probation.
(b) The person filing the petition for a restricted driving permit
shall include in the petition the information specified in subsection
(a) in addition to the information required by sections 3 through 4 of
this chapter.
(c) Whenever the court grants a person restricted driving
privileges under this chapter, that part of the court's order granting
probationary driving privileges shall not take effect until the person's
driving privileges have been suspended for at least thirty (30) days
under IC 9-30-6-9. In a county that provides for the installation of an
ignition interlock device under IC 9-30-8, installation of an ignition
interlock device is required as a condition of probationary driving
privileges for the entire duration of the probationary driving
privileges.
(d) If a court requires installation of a certified ignition interlock
device under subsection (c), the court shall order the bureau to record
this requirement in the person's operating record in accordance with
IC 9-14-3-7. When the person is no longer required to operate only
a motor vehicle equipped with an ignition interlock device, the court
shall notify the bureau that the ignition interlock use requirement has
expired and order the bureau to update its records accordingly.
(e) If the court recommends that a person who is a habitual traffic
violator under IC 9-30-10 be granted a restricted driving permit, the
court shall require the person to submit to reasonable monitoring
requirements.
As added by P.L.103-1991, SEC.2. Amended by P.L.2-1992, SEC.87;
P.L.129-1993, SEC.1; P.L.40-1994, SEC.3; P.L.96-1996, SEC.1;
P.L.97-1996, SEC.1; P.L.10-2000, SEC.1; P.L.215-2001, SEC.17;
P.L.76-2004, SEC.2; P.L.2-2005, SEC.34; P.L.28-2010, SEC.3.
IC 9-24-15-6.7
Restricted driving permits; permitted conditions
Sec. 6.7. (a) If a petitioner whose driving license or permit is
suspended under IC 9-25-6-19, IC 9-25-6-20, or IC 9-25-6-21 proves
to the satisfaction of the court that public transportation is
unavailable for travel by the petitioner:
(1) to and from the petitioner's regular place of employment;
(2) in the course of the petitioner's regular employment;
(3) to and from the petitioner's place of worship; or
(4) to participate in parenting time with the petitioner's children
consistent with a court order granting parenting time;
the court may grant a petition for a restricted driving permit filed
under this chapter.
(b) A restricted driving permit issued by the bureau under this
section must specify that the restricted driving permit is valid only
for purposes of driving under the conditions described in subsection
(a).
(c) A restricted driving permit issued by the bureau under this
section shall be:
(1) issued in the same manner; and
(2) subject to all requirements;
as other permits under this chapter. If the court recommends that a
person who is a habitual traffic violator under IC 9-30-10 be granted
a restricted driving permit, the court shall require the person to
submit to reasonable monitoring requirements.
As added by P.L.133-1995, SEC.3. Amended by P.L.117-2001,
SEC.1; P.L.68-2005, SEC.1; P.L.28-2010, SEC.4.
IC 9-24-15-7
Issuance of permit; restrictions
Sec. 7. The bureau shall comply with the court's recommendation.
The bureau in issuing a restricted driving permit shall be guided by
the court's special finding of facts in setting out the petitioner's
driving restrictions. The restricted driving permit must set out
restrictions as to the time, territory, and route to be included and
shall be restricted to the essential requirements of the petitioner in
the performance of the petitioner's employment duties.
As added by P.L.2-1991, SEC.12.
IC 9-24-15-8
Possession of permit; proof of financial responsibility
Sec. 8. The petitioner must have the restricted driving permit on
the petitioner's person while driving a motor vehicle. A restricted
driving permit is valid and in force only after the person gives and
maintains in effect proof of financial responsibility in the manner
required in IC 9-25.
As added by P.L.2-1991, SEC.12.
IC 9-24-15-9
Issuance prohibited; specified conditions
Sec. 9. (a) Except as provided in subsection (b) and section 6.5 of
this chapter, an individual may not receive a restricted driving permit
if the individual's driving privileges are suspended under IC 9-30-5
through IC 9-30-9 or IC 9-30-13-3.
(b) If the individual's driving privileges are suspended under
IC 9-30-6-9(c) and the individual does not have a previous conviction
for operating while intoxicated, the individual may receive a
restricted driving permit if the individual otherwise qualifies for the
permit.
As added by P.L.2-1991, SEC.12. Amended by P.L.1-1993, SEC.57;
P.L.2-2005, SEC.35.
IC 9-24-15-10
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 9-24-15-11
Violating restrictions; penalties
Sec. 11. (a) A person who:
(1) has been issued a restricted driving permit; and
(2) operates a motor vehicle:
(A) in violation of the terms, limitations, or restrictions set
out in the restricted driving permit; and
(B) during the period of suspension of the person's current
driving license;
commits a Class B misdemeanor.
(b) The bureau shall, upon receipt of notice of a conviction for a
violation of this section, do the following:
(1) Revoke the restricted driving permit.
(2) Suspend the person's current driving license for two (2)
years in addition to the original existing period of suspension.
In addition, the bureau may not issue another restricted driving
permit to the person during the original existing or additional period
of suspension.
As added by P.L.2-1991, SEC.12.