§ 8-23-32-17 — Owner liability; rebuttable presumption; defenses

(a) Except as provided in subsection (d), the
owner of a motor vehicle identified through a worksite speed control
system is liable for the civil penalty described in section 18 of this
chapter for exceeding a worksite speed limit.
(b) There is a rebuttable presumption that the owner of a motor
vehicle that is the subject of a photograph or recorded image was
operating the motor vehicle when the photograph or recorded image
was obtained through a worksite speed control system.
(c) The presumption under subsection (b) does not apply to an
owner of a motor vehicle that is a motor vehicle rental company.
(d) The owner of a motor vehicle may submit information as
determined by the department to rebut the presumption created by
subsection (b).
(e) It is a defense under this section if any of the following apply:
(1) The person receiving a notice of violation issued pursuant to
this chapter:
(A) was not the owner of the motor vehicle; or
(B) was not driving the motor vehicle;
at the time that the worksite speed limit was exceeded.
(2) The vehicle was reported stolen prior to the time that the
worksite speed limit was exceeded and was not recovered prior to
that time.
(3) The worksite speed control system was not properly tested for
accuracy, certification, or calibration.
(4) Workers were not present in the worksite at the time that the
worksite speed limit was exceeded.

Legislative History

As added by P.L.120-2023, SEC.2.