§ 9-21-4-7 — Designation or determination of the location of, necessity for, and extent of traffic control devices; order of department of transportation; violation; trial; certification of order; permits

(a) Whenever, under this article, the Indiana
department of transportation designates or determines the location of,
necessity for, and extent of:
(1) traffic control devices;
(2) state speed limits, other than maximum limits;
(3) speed limits on elevated structures;
(4) no passing zones;
(5) one-way roadways;
(6) certain lanes for slow moving traffic;
(7) course of turning movements at intersections;
(8) dangerous railroad crossings requiring stops;
(9) through highways and stop intersections;
(10) angle parking; or
(11) restrictions on the use of highways for certain periods or for
certain vehicles, including low speed vehicles;
the designation or determination shall be by order of the commissioner
of the Indiana department of transportation and shall, except for
subdivision (1), be evidenced by official signs or markings under this
article. The commissioner of the Indiana department of transportation
may designate an order adopted under this subsection as a rule and
adopt the order as a rule under IC 4-22-2.
(b) At a trial of a person charged with a violation of the restrictions
imposed by subsection (a) and in all civil actions, oral evidence of the
location and content of the signs or markings is prima facie evidence
of the adoption and application of the restriction by the Indiana
department of transportation and the validity of the adoption and
application of the restriction. The Indiana department of transportation
shall, upon request by a party in an action at law, furnish, under the seal
of the Indiana department of transportation, a certification of the order
establishing the restriction in question. A certification under this
subsection shall be accepted by any court as conclusive proof of the
designation or determination by the commissioner of the Indiana
department of transportation. Certified copies shall be furnished
without cost to the parties to a court action involving the restriction
upon request.
(c) Whenever, under this article, a permit or permission of the
Indiana department of transportation is required, the permit must be in
writing and under the seal of the Indiana department of transportation.
[Pre-1991 Recodification Citation: 9-4-1-125(e).]

Legislative History

As added by P.L.2-1991, SEC.9. Amended by P.L.21-2003, SEC.7; P.L.140-2013, SEC.11; P.L.93-2024, SEC.96.