§ 9-20-18-14.5 — Civil penalties

Indiana § 9-20-18-14.5

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 20: SIZE AND WEIGHT REGULATION
• Ch. 18: Penalties and Enforcement

Text

5. (a) The civil penalties imposed under
this section are in addition to the other civil penalties that may be
imposed under IC 8 and IC 9. Notwithstanding section 12 of this
chapter, a civil penalty imposed under this section:
(1) is imposed on the carrier transporting the vehicle or load;
(2) shall be deposited in the motor carrier regulation fund
established by IC 8-2.1-23-1;
(3) is in addition to any fees or fines imposed by a court; and
(4) is assessed and determined by the department of state revenue
in accordance with the procedures in IC 6-8.1-5-1.
(b) A carrier transporting vehicles or loads under a permit issued
under this article that is violated with respect to this article subjects the
carrier to a civil penalty of not more than one thousand dollars ($1,000)
for the first violation and not more than one thousand five hundred
dollars ($1,500) for each subsequent violation.
(c) A carrier that transports vehicles or loads subject to this article
and fails to obtain a permit required under this article is subject to a
civil penalty of not more than five thousand dollars ($5,000) for each
violation described in an Indiana state police vehicle examination
report.
(d) A carrier that transports vehicles or loads subject to this article
in excess of the legal weight or dimensional limits and for which no
permit is available to allow for such excess weight or dimension is
subject to a civil penalty for each issued Indiana state police vehicle
examination report as follows:
(1) The department of state revenue may assess a civil penalty of
five hundred dollars ($500) for a violation when a vehicle or load
is in excess of the dimensional limits.
(2) The department of state revenue may assess a civil penalty of:
(A) five hundred dollars ($500) for a violation when the total
excess weight is at least one thousand (1,000) pounds and less
than five thousand (5,000) pounds;
(B) one thousand dollars ($1,000) for a violation when the total
excess weight is at least five thousand (5,000) pounds and less
than ten thousand (10,000) pounds; or
(C) five thousand dollars ($5,000) for a violation when the total
excess weight is at least ten thousand (10,000) pounds.
(e) The department of state revenue may not assess a penalty under
this section after more than one (1) year has passed from the date the
department is notified of a violation described under subsection (b),
(c), or (d).
(f) A carrier against whom a civil penalty is imposed under this
section may protest the civil penalty and request an administrative
hearing. If a carrier protests a civil penalty, the department of state
revenue shall allow the carrier an opportunity to present information as
to why the civil penalty should not be assessed or reduced pursuant to
a defense provided under section 7 of this chapter.
(g) The department of state revenue's notice of proposed assessment
under IC 6-8.1-5-1 is presumptively valid.
(h) The department shall adopt rules under IC 4-22-2 regarding the
assessment of civil penalties in accordance with this section.

Legislative History

As added by P.L.129-2001, SEC.31. Amended by P.L.176-2006, SEC.12; P.L.45-2011, SEC.5; P.L.218-2017, SEC.90; P.L.127-2021, SEC.4; P.L.179-2021, SEC.5; P.L.130-2023, SEC.4.