(a)49 CFR Parts 40, 375, 380, 382 through
387, 390 through 393, and 395 through 398 are incorporated into
Indiana law by reference, and, except as provided in subsections (d),
(e), (f), (g), and (j), must be complied with by an interstate and
intrastate motor carrier of persons or property throughout Indiana.
Intrastate motor carriers subject to compliance reviews under 49 CFR
385 shall be selected according to criteria determined by the
superintendent which must include but are not limited to factors such
as previous history of violations found in roadside compliance checks
and other recorded violations. However, the provisions of 49 CFR 395
that regulate the hours of service of drivers, including requirements for
the maintenance of logs, do not apply to a driver of a truck that is
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(a) 49 CFR Parts 40, 375, 380, 382 through
387, 390 through 393, and 395 through 398 are incorporated into
Indiana law by reference, and, except as provided in subsections (d),
(e), (f), (g), and (j), must be complied with by an interstate and
intrastate motor carrier of persons or property throughout Indiana.
Intrastate motor carriers subject to compliance reviews under 49 CFR
385 shall be selected according to criteria determined by the
superintendent which must include but are not limited to factors such
as previous history of violations found in roadside compliance checks
and other recorded violations. However, the provisions of 49 CFR 395
that regulate the hours of service of drivers, including requirements for
the maintenance of logs, do not apply to a driver of a truck that is
registered by the bureau of motor vehicles and used as a farm truck
under IC 9-18 (before its expiration) or IC 9-18.1-7 or a vehicle
operated in intrastate construction or construction related service, or
the restoration of public utility services interrupted by an emergency.
Except as provided in subsection (i) and (j):
(1) intrastate motor carriers not operating under authority issued
by the United States Department of Transportation shall comply
with the requirements of 49 CFR 390.21(b)(3) by registering with
the department of state revenue as an intrastate motor carrier and
displaying the certification number issued by the department of
state revenue preceded by the letters "IN"; and
(2) all other requirements of 49 CFR 390.21 apply equally to
interstate and intrastate motor carriers.
(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177
through 178, and 180, are incorporated into Indiana law by reference,
and every:
(1) private carrier;
(2) common carrier;
(3) contract carrier;
(4) motor carrier of property, intrastate;
(5) hazardous material shipper; and
(6) carrier otherwise exempt under section 3 of this chapter;
must comply with the federal regulations incorporated under this
subsection, whether engaged in interstate or intrastate commerce.
(c) Notwithstanding subsection (b), nonspecification bulk and
nonbulk packaging, including cargo tank motor vehicles, may be used
only if all the following conditions exist:
(1) The maximum capacity of the vehicle is less than three
thousand five hundred (3,500) gallons.
(2) The shipment of goods is limited to intrastate commerce.
(3) The vehicle is used only for the purpose of transporting fuel
oil, kerosene, diesel fuel, gasoline, gasohol, or any combination
of these substances.
Maintenance, inspection, and marking requirements of 49 CFR 173.8
and Part 180 are applicable. In accordance with federal hazardous
materials regulations, new or additional nonspecification cargo tank
motor vehicles may not be placed in service under this subsection.
(d) For the purpose of enforcing this section, only:
(1) a state police officer or state police motor carrier inspector
who:
(A) has successfully completed a course of instruction approved
by the United States Department of Transportation; and
(B) maintains an acceptable competency level as established by
the state police department; or
(2) an employee of a law enforcement agency who:
(A) before January 1, 1991, has successfully completed a
course of instruction approved by the United States Department
of Transportation; and
(B) maintains an acceptable competency level as established by
the state police department;
on the enforcement of 49 CFR, may, upon demand, inspect the books,
accounts, papers, records, memoranda, equipment, and premises of any
carrier, including a carrier exempt under section 3 of this chapter.
(e) A person hired before September 1, 1985, who operates a motor
vehicle intrastate incidentally to the person's normal employment duties
and who is not employed to operate a motor vehicle for hire is exempt
from 49 CFR 391 as incorporated by this section.
(f) Notwithstanding any provision of 49 CFR 391 to the contrary, a
person at least eighteen (18) years of age and less than twenty-one (21)
years of age may be employed as a driver to operate a commercial
motor vehicle intrastate. However, a person employed under this
subsection is not exempt from any other provision of 49 CFR 391.
(g) Notwithstanding subsection (a) or (b), the following provisions
of 49 CFR do not apply to private carriers of property operated only in
intrastate commerce or any carriers of property operated only in
intrastate commerce while employed in construction or construction
related service:
(1) Subpart 391.41(b)(3) as it applies to physical qualifications of
a driver who has been diagnosed as an insulin dependent diabetic,
if the driver has applied for and been granted an intrastate
medical waiver by the bureau of motor vehicles pursuant to this
subsection. The same standards and the following procedures
shall apply for this waiver whether or not the driver is required to
hold a commercial driver's license. An application for the waiver
shall be submitted by the driver and completed and signed by a
certified endocrinologist, the driver's treating physician, or the
driver's treating advanced practice registered nurse attesting that
the driver:
(A) is not otherwise physically disqualified under Subpart
391.41 to operate a motor vehicle, whether or not any additional
disqualifying condition results from the diabetic condition, and
is not likely to suffer any diminution in driving ability due to
the driver's diabetic condition;
(B) is free of severe hypoglycemia or hypoglycemia
unawareness and has had less than one (1) documented,
symptomatic hypoglycemic reaction per month;
(C) has demonstrated the ability and willingness to properly
monitor and manage the driver's diabetic condition;
(D) has agreed to and, to the endocrinologist's, treating
physician's, or treating advanced practice registered nurse's
knowledge, has carried a source of rapidly absorbable glucose
at all times while driving a motor vehicle, has self monitored
blood glucose levels one (1) hour before driving and at least
once every four (4) hours while driving or on duty before
driving using a portable glucose monitoring device equipped
with a computerized memory; and
(E) has submitted the blood glucose logs from the monitoring
device to the endocrinologist, treating physician, or treating
advanced practice registered nurse at the time of the annual
medical examination.
A copy of the blood glucose logs shall be filed along with the
annual statement from the endocrinologist, treating physician, or
treating advanced practice registered nurse with the bureau of
motor vehicles for review by the driver licensing medical advisory
board established under IC 9-14-11. A copy of the annual
statement shall also be provided to the driver's employer for
retention in the driver's qualification file, and a copy shall be
retained and held by the driver while driving for presentation to
an authorized federal, state, or local law enforcement official.
Notwithstanding the requirements of this subdivision, the
endocrinologist, the treating physician, the treating advanced
practice registered nurse, the advisory board of the bureau of
motor vehicles, or the bureau of motor vehicles may, where
medical indications warrant, establish a short period for the
medical examinations required under this subdivision.
(2) Subpart 396.9 as it applies to inspection of vehicles carrying
or loaded with a perishable product. However, this exemption
does not prohibit a law enforcement officer from stopping these
vehicles for an obvious violation that poses an imminent threat of
an accident or incident. The exemption is not intended to include
refrigerated vehicles loaded with perishables when the
refrigeration unit is working.
(3) Subpart 396.11 as it applies to driver vehicle inspection
reports.
(4) Subpart 396.13 as it applies to driver inspection.
(h) For purposes of 49 CFR 395.1(k)(2), "planting and harvesting
season" refers to the period between January 1 and December 31 of
each year. The intrastate commerce exception set forth in 49 CFR
395.1(k), as it applies to the transportation of agricultural commodities
and farm supplies, is restricted to single vehicles and cargo tank motor
vehicles with a capacity of not more than five thousand four hundred
(5,400) gallons.
(i) The requirements of 49 CFR 390.21 do not apply to an intrastate
motor carrier or a guest operator not engaged in interstate commerce
and operating a motor vehicle as a farm vehicle in connection with
agricultural pursuits usual and normal to the user's farming operation
or for personal purposes unless the vehicle is operated either part time
or incidentally in the conduct of a commercial enterprise.
(j) This section does not apply to private carriers that operate using
only the type of motor vehicles specified in IC 8-2.1-24-3(6).
(k) The superintendent of state police may adopt rules under IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by
reference under this section.