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For more information on this topic, visit the Clark County Prosecutor's site at:  http://www.clarkprosecutor.org/html/police/police.htm 

HIGHLIGHTS OF INDIANA'S PASSENGER RESTRAINT SYSTEMS FOR CHILDREN:

Exemptions for operators of: school bus; taxi cab; rental vehicle less than 30 days; ambulance;
out of state vehicle unless operated in Indiana more than 60 days in any calendar year; public passenger bus; a motor vehicle with a seating capacity greater than 9 that is owned or leased and operated by a religious or not for profit youth group; antique motor vehicle; motorcycle; motor vehicle owned or leased by a governmental unit used in official law enforcement duties; motor vehicle being used in an emergency.

IC 9-19-11-2 A person who operates a motor vehicle in which there is a child less than four (4) years of age who is not properly fastened and restrained by a child passenger restraint system commits a Class D infraction, unless it is reasonably determined the child will not fit in a child passenger restraint system.
IC 9-19-11-3 A person who operates a motor vehicle in which there is a child commits a Class D infraction if: (1) the child is less than 4 years of age and it is reasonably determined that the child will not fit in a child restraint system; and (2) the child is not properly fastened and restrained by a safety belt.

CLICK HERE FOR AN EASY TO UNDERSTAND CHILD SAFETY SEAT USE TABLE


HIGHLIGHTS OF INDIANA'S PASSENGER RESTRAINT SYSTEMS (SEAT BELT LAW):

Exemptions: Medical reasons; children covered by Restraint System Laws (IC 9-19-11); commercial or Postal Service vehicles making frequent stops; rural Postal Service carriers; newspaper route carriers or bundle haulers; driver examiners; vehicles that are not passenger motor vehicles, i.e. motorcycles, tractors, recreational vehicles.

IC 9-19-10-2:  Each occupant of a motor vehicle that is equipped with a safety belt meeting the standards stated in the Federal Motor Vehicle Safety Standard Number 208 (49 CFR 571.208) shall have a safety belt properly fastened about the occupants body at all times when the vehicle is in forward motion. 

 Effective July 1, 2007, I.C. 9-19-10-2 requires “that each occupant of a motor vehicle equipped with a safety belt that is standard equipment installed by the manufacturer” wear a seatbelt.  The pickup truck exemption has been eliminated by the new law.  Thus, occupants in most motor vehicles, including occupants in the passenger compartment of pickup trucks and all occupants of SUVs, must “buckle up” regardless of how a vehicle is plated or registered.  As of July 1, 2007, any occupant in a motor vehicle who is not wearing a seatbelt can be issued a ticket for seatbelt violation.  The exceptions to the seatbelt requirement are listed at I.C. 9-19-10-1.                           

IC 9-19-10-3:  A vehicle may be stopped to determine compliance with this chapter. However, a vehicle, the contents, the driver or a passenger may not be inspected, searched or detained solely because of a violation of this chapter.

IC 9-19-10-8:  A person who is at least sixteen (16) years of age; and violates section 2 of this chapter (IC 9-19-20-2) commits a Class D infraction.


INDIANA'S CURFEW LAWS:

IC 31-37-3-2:  It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place:

1.  between 1 a.m. and 5 a.m. on Saturday and Sunday;

2.  after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or

3.  before 5 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.

 

A law enforcement officer may not detain a child or take a child into custody based on a violation of the curfew violation unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:  1.  the child has violated the IC 31-37-3-2; and, 2.  there is no legal defense to the violation.

 

IC 31-37-3-3:  It is a curfew violation for a child less than fifteen (15) years of age to be in a public place after 11 p.m. or before 5 a.m. on any day.  A law enforcement officer may not detain a child or take a child into custody based on a violation of the curfew violation unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:  1.  the child has violated IC 31-37-3-3; and, 2.  there is no legal defense to the violation.

 

IC 31-37-3-3.5:  Defenses = It is a defense to a violation under this chapter that the child was emancipated under IC 31-37-19-27 or IC 31-6-4-15.7 (before its repeal); by virtue of having married; or in accordance with the laws of another state or jurisdiction; at the time that the child engaged in the prohibited conduct.  It is a defense to a violation under this chapter that the child engaged in the prohibited conduct while:

 

1.  accompanied by the child's parent, guardian, or custodian;

2.  accompanied by an adult specified by the child's parent, guardian, or custodian;

3.  participating in, going to, or returning from:

        A.  lawful employment;

        B.  a school sanctioned activity;

        C.  a religious event;

        D.  an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;

        E.  an activity involving the exercise of the child's rights protected under the First Amendment to the United States Constitution or Article 1, Section 31 of the Constitution of the State of Indiana, or both, such a freedom of speech and the right to assembly; or

        F.  an activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adults;

4.  participating in an activity undertaken at the prior written direction of the child's parent, guardian, or custodian; or

5.  engaged in interstate or international travel from a location outside of Indiana to another location outside of Indiana.

 

INDIANA'S Yielding to Stopped Emergency Vehicles:

IC  9-21-8-35 (Yielding to Emergency Vehicles) was amended in 1999 to include stopped emergency vehicles along the road side, primarily as a result of several incidents of Indiana police officers being involved in near miss, injury and fatal traffic accidents.  These incidents involved officer's nearly getting hit by passing vehicles on the roadway while stopped and assisting motorists or investigating violators.  The amended portion of the statute is as follows:  

(b)  Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal displaying alternating 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 vehicles; or, 

(2)    proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

Note:  The statue stipulates the same conditions for a stationary vehicle recovery  or highway maintenance vehicle displaying an alternating flashing amber lights..

INDIANA'S FIREARM LAWS (MOST FREQUENTLY INQUIRED ABOUT):

IC 35-47-2-1 A person, within the State of Indiana, shall not carry a handgun in any vehicle or on or about his person, except in his dwelling, on his property or fixed place of business, without a license issued by the State of Indiana. Permits to carry require a minimum age of 21 years, before issuance.

IC 35-47-2-7 A person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon to any person under the age of 18 years.

IC 35-47-9-2 A person who posses a firearm: (1) in or on school property; (2) in or on property that is being used by a school for a school function; or (3) on a school bus; commits a Class D Felony.

INDIANA'S Probationary Driver's License:

Indiana's Probationary Driver's License Card (Senate Enrolled Act 16) is effective January 1, 1999.  The law is designed to provide young drivers with a slow, steady introduction to driving and to help develop safe driving habits.  The provisions of the law are as follows:

*    Drivers under 18 may not operate a motor vehicle during existing Indiana curfew hours (11 p.m. - 5 a.m. Sunday - Thursday nights; 1 a.m. - 5 a.m. Friday and Saturday nights).  They may drive during these hours if they are driving to and from a legal job, school sponsored event, church activity or when driving with a parent or guardian.

*    During the first 90 days after getting their license, drivers under 18 can't transport other people in the car unless someone at least 21 years old, who holds a valid driver's license, is riding in the passenger seat.  Young drivers may drive unaccompanied as long as they do not carry passengers the first 90 days.

*    All passengers must wear a seat belt if riding with a driver under age 18.

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