§ 9-28-1-3 — Form and content

Indiana § 9-28-1-3

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 28: INTERSTATE COMPACTS AND AGREEMENTS
• Ch. 1: Driver License Compact

Text

The driver license compact is hereby enacted
into law and entered into with all other jurisdictions legally joining
therein in the form substantially as follows:
DRIVER LICENSE COMPACT
ARTICLE 1
Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially affected
by the degree of compliance with state laws and local ordinances
relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the
violator engages in conduct which is likely to endanger the safety
of persons and property.
(3) The continuance in force of a license to drive is predicated
upon compliance with laws and ordinances relating to the
operation of motor vehicles, in whichever jurisdiction the vehicle
is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and
administrative rules and regulations relating to the operation of
motor vehicles by their operators in each of the jurisdictions
where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and
eligibility therefor more just and equitable by considering the
overall compliance with motor vehicle laws, ordinances, and
administrative rules and regulations as a condition precedent to
the continuance or issuance of any license by reason of which the
licensee is authorized or permitted to operate a motor vehicle in
any of the party states.
ARTICLE 2
Definitions
As used in this compact:
(a) "State" means a state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
(b) "Home state" means the state which has issued and has the
power to suspend or revoke the use of the license or permit to operate
a motor vehicle.
(c) "Conviction" means a conviction of any offense related to the
use or operation of a motor vehicle which is prohibited by state law,
municipal ordinance, or administrative rule or regulation, or a
forfeiture of bail, bond, or other security deposited to secure
appearance by a person charged with having committed any such
offense, and which conviction or forfeiture is required to be reported
to the licensing authority.
ARTICLE 3
Reports of Conviction
The licensing authority of a party state shall report each conviction
of a person from another party state occurring within its jurisdiction to
the licensing authority of the home state of the licensee. Such report
shall clearly identify the person convicted; describe the violation
specifying the section of the statute, code, or ordinance violated;
identify the court in which action was taken; indicate whether a plea of
guilty or not guilty was entered, or the conviction was a result of the
forfeiture of bail, bond, or other security; and shall include any special
findings made in connection therewith.
ARTICLE 4
Effect of Conviction
(a) The licensing authority in the home state, for the purposes of
suspension, revocation, or limitation of the license to operate a motor
vehicle, shall give the same effect to the conduct reported, pursuant to
Article 3 of this compact, as it would if such conduct had occurred in
the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from the
operation of a motor vehicle.
(2) Driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug, or under the influence of
any other drug to a degree which renders the driver incapable of
safely driving a motor vehicle.
(3) Any felony in the commission of which a motor vehicle is
used.
(4) Failure to stop and render aid in the event of a motor vehicle
accident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to Article 3, the
licensing authority in the home state shall give such effect to the
conduct as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or
violations denominated or described in precisely the words employed
in subdivision (a) of this article, such party state shall construe the
denominations and descriptions appearing in subdivision (a) hereof as
being applicable to and identifying those offenses or violations of a
substantially similar nature, and the laws of such party state shall
contain such provisions as may be necessary to ensure that full force
and effect is given to this article.
ARTICLE 5
Applications for New Licenses
Upon application for a license to drive, the licensing authority in a
party state shall ascertain whether the applicant has ever held, or is the
holder of a license to drive issued by any other party state. The
licensing authority in the state where application is made shall not issue
a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been
suspended by reason, in whole or in part, of a violation and if
such suspension period has not terminated.
(2) The applicant has held such a license, but the same has been
revoked by reason, in whole or in part, of a violation and if such
revocation has not terminated, except that after the expiration of
one (1) year from the date the license was revoked, such person
may make application for a new license if permitted by law. The
licensing authority may refuse to issue a license to any such
applicant if, after investigation, the licensing authority determines
that it will not be safe to grant to such person the privilege of
driving a motor vehicle on the highways.
(3) The applicant is the holder of a license to drive issued by
another party state and currently in force unless the applicant
surrenders such license.
ARTICLE 6
Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party state
to apply any of its other laws relating to licenses to drive to any person
or circumstance, nor to invalidate or prevent any driver license
agreement or other cooperative arrangement between a party state and
a nonparty state.
ARTICLE 7
Compact Administrator and Interchange of Information
(a) The head of the licensing authority of each party shall be the
administrator of this compact for his state. The administrators, acting
jointly, shall have the power to formulate all necessary and proper
procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the
administrator of each other party state any information or documents
reasonably necessary to facilitate the administration of this compact.
ARTICLE 8
Entry into Force and Withdrawal
(a) This compact shall enter into force and become effective as to
any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until six (6) months after the executive head of the withdrawing state
has given notice of the withdrawal to the executive heads of all other
party states. No withdrawal shall affect the validity or applicability by
the licensing authorities of states remaining party to the compact of any
report of conviction occurring prior to the withdrawal.
ARTICLE 9
Construction and Severability
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence, or provision of this compact is declared
to be contrary to the Constitution of any party state or of the United
States or the applicability thereof to any government, agency, person,
or circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency,
person, or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state party thereto, the
compact shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all severable
matters.
[Pre-1991 Recodification Citation: 9-5-1-1.]

Legislative History

As added by P.L.2-1991, SEC.16.