§ 9-21-5-11 — Temporary maximum speed limits; worksite speed limits; violation; penalties

Indiana § 9-21-5-11

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 21: TRAFFIC REGULATION
• Ch. 5: Speed Limits

Text

(a) Subject to subsection (b), the Indiana
department of transportation, the Indiana finance authority, or a local
authority may establish temporary maximum speed limits in their
respective jurisdictions and in the vicinity of a worksite without
conducting an engineering study and investigation required under this
article. The establishing authority shall post signs notifying the
traveling public of the temporary maximum speed limits established
under this section.
(b) Worksite speed limits set under this section must be at least ten
(10) miles per hour below the maximum established speed limit.
(c) A worksite speed limit set under this section may be enforced as
follows:
(1) If workers are present in the immediate vicinity of the
worksite.
(2) If workers are not present in the immediate vicinity of the
worksite, the establishing authority determines that the safety of
the traveling public requires enforcement of the worksite speed
limit.
(3) In the case of a worksite speed limit enforced through a
worksite speed control system under IC 8-23-32, if the worksite
speed control system indicates that the operator of a motor vehicle
has exceeded the worksite speed limit set under this section by at
least eleven (11) miles per hour.
(d) This subsection does not apply to a person whose violation of a
worksite speed limit is detected and enforced through a worksite speed
control system under IC 8-23-32. Notwithstanding IC 34-28-5-4(b), a
judgment for the infraction of violating a speed limit set under this
section must be entered as follows:
(1) If the person has not previously committed the infraction of
violating a speed limit set under this section, a judgment for a
Class B infraction and a fine of at least three hundred dollars
($300) shall be imposed.
(2) If the person has committed one (1) infraction of violating a
speed limit set under this section in the previous three (3) years,
a judgment for a Class B infraction and a fine of at least five
hundred dollars ($500) shall be imposed.
(3) If the person has committed two (2) or more infractions of
violating a speed limit set under this section in the previous three
(3) years, a judgment for a Class B infraction and a fine of one
thousand dollars ($1,000) shall be imposed.
(e) This subsection does not apply to a person whose violation of a
worksite speed limit is detected and enforced through a worksite speed
control system under IC 8-23-32. Notwithstanding IC 34-28-5-5(c), the
funds collected as judgments for the infraction of violating a speed
limit set under this section shall be transferred to the Indiana
department of transportation to pay the costs of hiring off duty police
officers to perform the duties described in IC 8-23-2-15(b).
(f) This subsection does not apply to a person whose violation of a
worksite speed limit is detected and enforced through a worksite speed
control system under IC 8-23-32. If judgment has been imposed for
committing two (2) infractions under this section within one (1) year,
an additional penalty of the suspension of the driving privileges of the
person who committed the infractions may be imposed by the court
imposing the sentence for the second violation. If the court suspends a
person's driving privileges under this subsection, the court shall issue
an order to the bureau:
(1) stating that judgment against the person has been entered for
committing the infraction of exceeding a worksite speed limit
under this section for the second time in one (1) year; and
(2) ordering the suspension of the person's driving privileges by
the bureau under IC 9-30-13-9.
The suspension of a person's driving privileges under this section is in
addition to any other penalties imposed under this section and any fee
imposed under IC 33-37-5-14.
(g) In the case of a worksite speed limit enforced through a worksite
speed control system, a civil penalty shall be assessed under IC 8-23-32.
[Pre-1991 Recodification Citation: 9-4-1-60.1.]

Legislative History

As added by P.L.2-1991, SEC.9. Amended by P.L.116-2001, SEC.1; P.L.235-2005, SEC.125; P.L.40-2007, SEC.2; P.L.66-2011, SEC.1; P.L.188-2015, SEC.71; P.L.41-2016, SEC.1; P.L.120-2023, SEC.4.