title-140-article-1•140 IAC 1 — ARTICLE 1. SAFETY AND RESPONSIBILITY
TITLE 140 BUREAU OF MOTOR VEHICLES
ARTICLE 1. SAFETY AND RESPONSIBILITY
Rule 1
140 IAC 1-1-1 140 IAC 1-1-1 Time and place of hearings (Repealed)
Rule 1. Administrative Hearing Procedure
140 IAC 1-1-1 Time and place of hearings (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Nov 26, 1996, 4:35 p.m.: 20 IR 938)
140 IAC 1-1-1.5 140 IAC 1-1-1.5 Definitions (Expired)
140 IAC 1-1-1.5 Definitions (Expired)
(Expired under IC 4-22-2.6, effective January 1, 2026.)
140 IAC 1-1-2 140 IAC 1-1-2 Notice of hearing; service; contents (Repealed)
140 IAC 1-1-2 Notice of hearing; service; contents (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Nov 26, 1996, 4:35 p.m.: 20 IR 938)
140 IAC 1-1-2.5 140 IAC 1-1-2.5 Conduct of proceedings and hearings
140 IAC 1-1-2.5 Conduct of proceedings and hearings
Authority: IC 4-21.5-3-35; IC 9-14-8-3
Affected: IC 4-21.5-3; IC 9
Sec. 2.5. The proceedings and hearings process conducted under this article shall follow the procedures set forth in IC 4-21.5-3 except as otherwise provided in this article or IC 9.
(Bureau of Motor Vehicles; 140 IAC 1-1-2.5; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
140 IAC 1-1-3 140 IAC 1-1-3 Attorney appearances and service
140 IAC 1-1-3 Attorney appearances and service
Authority: IC 9-14-8-3
Affected: IC 9-24; IC 9-25; IC 9-30
Sec. 3. (a) No person other than a party, an attorney who is duly authorized to represent a party, or a witness appearing on a party's behalf, shall be permitted to participate in any hearing.
(b) If an attorney represents a party with regard to a particular proceeding, the attorney must file a written notice of appearance with the bureau providing the following information:
(1) A statement that the party has authorized the attorney to appear on the party's behalf.
(2) The attorney's name, address, and telephone number, and the fax number and electronic mail address (e-mail) if available.
(c) Whenever the bureau receives notice that an attorney represents a party with regard to a proceeding, all related bureau correspondence, including notices, information, or orders, shall be addressed to such attorney, except that a copy of any order of suspension or probation shall also be mailed to the party's last reported address.
(Bureau of Motor Vehicles; Hearing Procedure Reg I, Rule III; filed Dec 11, 1959, 3:00 p.m.: Rules and Regs. 1960, p. 94; filed Nov 26, 1996, 4:35 p.m.: 20 IR 934; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
140 IAC 1-1-4 140 IAC 1-1-4 Subpoenas (Repealed)
140 IAC 1-1-4 Subpoenas (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Nov 26, 1996, 4:35 p.m.: 20 IR 938)
140 IAC 1-1-5 140 IAC 1-1-5 Continuances (Repealed)
140 IAC 1-1-5 Continuances (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-1-5.5 140 IAC 1-1-5.5 Continuances (Repealed)
140 IAC 1-1-5.5 Continuances (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 8, 2025, 2:28 p.m.: 20251105-IR-140240620RFA)
140 IAC 1-1-6 140 IAC 1-1-6 Admissibility and presentation of evidence (Repealed)
140 IAC 1-1-6 Admissibility and presentation of evidence (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 8, 2025, 2:28 p.m.: 20251105-IR-140240620RFA)
140 IAC 1-1-7 140 IAC 1-1-7 Record of hearing (Repealed)
140 IAC 1-1-7 Record of hearing (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-1-8 140 IAC 1-1-8 Presiding officer; powers (Repealed)
140 IAC 1-1-8 Presiding officer; powers (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 8, 2025, 2:28 p.m.: 20251105-IR-140240620RFA)
140 IAC 1-1-9 140 IAC 1-1-9 Findings of fact (Repealed)
140 IAC 1-1-9 Findings of fact (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-1-10 140 IAC 1-1-10 Hearing officer; determination (Repealed)
140 IAC 1-1-10 Hearing officer; determination (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-1-11 140 IAC 1-1-11 Final orders; objections to recommended orders; judicial reviews (Expired)
140 IAC 1-1-11 Final orders; objections to recommended orders; judicial reviews (Expired)
(Expired under IC 4-22-2.6, effective January 1, 2026.)
140 IAC 1-1-12 140 IAC 1-1-12 Petition for reconsideration or rehearing (Repealed)
140 IAC 1-1-12 Petition for reconsideration or rehearing (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
Rule 2
140 IAC 1-2-1 140 IAC 1-2-1 Definitions (Repealed)
Rule 2. Proof of Financial Responsibility; Filing Requirements
140 IAC 1-2-1 Definitions (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-2-2 140 IAC 1-2-2 Minimum term of insurance (Repealed)
140 IAC 1-2-2 Minimum term of insurance (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-2-3 140 IAC 1-2-3 Minimum term of reinstatement insurance (Repealed)
140 IAC 1-2-3 Minimum term of reinstatement insurance (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-2-4 140 IAC 1-2-4 Notification of proof of financial responsibility
140 IAC 1-2-4 Notification of proof of financial responsibility
Authority: IC 9-14-8-3; IC 9-25-3-5
Affected: IC 9-25-4-3; IC 9-25-4-7
Sec. 4. Any certificate or document that any insurance carrier provides as proof that it issued a motor vehicle liability policy to an insured shall indicate that the carrier has specifically informed the insured of the obligations established in IC 9-25-4-3.
(Bureau of Motor Vehicles; Financial Responsibility Rule IV; filed Nov 15, 1974, 3:00 p.m.: Rules and Regs. 1975, p. 455; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
140 IAC 1-2-5 140 IAC 1-2-5 License reinstatement fee (Repealed)
140 IAC 1-2-5 License reinstatement fee (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Nov 26, 1996, 4:35 p.m.: 20 IR 938)
140 IAC 1-2-6 140 IAC 1-2-6 Effective date (Repealed)
140 IAC 1-2-6 Effective date (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Nov 26, 1996, 4:35 p.m.: 20 IR 938)
140 IAC 1-2-7 140 IAC 1-2-7 Time limits on sending the request for evidence of financial responsibility
140 IAC 1-2-7 Time limits on sending the request for evidence of financial responsibility
Authority: IC 9-14-8-3; IC 9-25-3-5
Affected: IC 9-25-5-2; IC 9-25-9-1; IC 9-26-3-3; IC 34-11-2-4; IC 35-41-4-2
Sec. 7. (a) To send out the request for evidence of financial responsibility, the bureau must receive the accident report or a copy of the accident report prescribed in IC 9-25-5-2 or IC 9-26-3-3 within three (3) years after the accident date.
(b) To send out the request for evidence of financial responsibility, the bureau must receive the certified abstract prescribed in IC 9-25-9-1(a)(1), or the judgment or abstract prescribed in IC 9-25-9-1(a)(2), within three (3) years of the date of conviction, judgment, or forfeiture of security deposit.
(Bureau of Motor Vehicles; 140 IAC 1-2-7; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
Rule 3
140 IAC 1-3-1 140 IAC 1-3-1 Method and amount of proof of financial responsibility; fault hearing (Repealed)
Rule 3. Proof of Financial Responsibility; Methods of Proof
140 IAC 1-3-1 Method and amount of proof of financial responsibility; fault hearing (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Aug 23, 1994, 10:45 a.m.: 18 IR 9)
140 IAC 1-4 Rule 4. Point System for Indiana Traffic Convictions (Repealed)
Rule 4. Point System for Indiana Traffic Convictions (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Nov 9, 1983, 3:41 p.m.: 7 IR 34)
Rule 4.5
140 IAC 1-4.5-1 140 IAC 1-4.5-1 Definitions (Repealed)
Rule 4.5. Point System for Indiana Traffic Convictions
140 IAC 1-4.5-1 Definitions (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-4.5-2 140 IAC 1-4.5-2 Objective
140 IAC 1-4.5-2 Objective
Authority: IC 9-14-8-3
Affected: IC 9-24-2-3
Sec. 2. The point system is established as an objective method of identifying a person in need of improving his or her driving habits and to provide requirements for restricting or suspending the driver's license, permit, or driving privileges.
(Bureau of Motor Vehicles; 140 IAC 1-4.5-2; filed Nov 9, 1983, 3:41 p.m.: 7 IR 27; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; readopted filed Nov 26, 2013, 11:22 a.m.:20131225-IR-140130487RFA; filed Nov 16, 2015, 12:44 p.m.: 20151216-IR-140150061FRA, eff Jan 1, 2016; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR-140210126RFA; readopted filed Oct 8, 2025, 2:28 p.m.: 20251105-IR-140240620RFA)
140 IAC 1-4.5-3 140 IAC 1-4.5-3 Points study committee
140 IAC 1-4.5-3 Points study committee
Authority: IC 9-14-8-3
Affected: IC 9-24-2-3
Sec. 3. The commissioner shall appoint the members of the points study committee. The committee members shall serve on the committee for a term designated by the commissioner. The committee members shall be composed of traffic safety officials from the state of Indiana. The committee shall be composed of four (4) members and the commissioner or his or her designee. The commissioner or his or her designee shall act as chairperson of the committee meetings. Meetings of the committee shall be set at such time and place as the commissioner or his or her designee shall designate. Violations shall be assigned or reassigned point values by the committee based upon the committee's evaluation of each violation according to that violation's severity and likelihood of causing or contributing to the severity of a motor vehicle accident.
(Bureau of Motor Vehicles; 140 IAC 1-4.5-3; filed Nov 9, 1983, 3:41 p.m.: 7 IR 27; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; filed Nov 16, 2015, 12:44 p.m.: 20151216-IR-140150061FRA, eff Jan 1, 2016; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR-140210126RFA; readopted filed Oct 8, 2025, 2:28 p.m.: 20251105-IR-140240620RFA)
140 IAC 1-4.5-4 140 IAC 1-4.5-4 Points accumulation retention
140 IAC 1-4.5-4 Points accumulation retention
Authority: IC 9-14-8-3
Affected: IC 4-21.5-3; IC 9-24-2-3
Sec. 4. (a) Points assessed for any violation shall become inactive twenty-four (24) months after the disposition date of the violation.
(b) A person accumulating twenty (20) or more active points, after any credit earned by completion of a driver safety program, within a twenty-four (24) month period shall receive a penalty corresponding to the number of active points. A person receiving a penalty under this section has the administrative review rights provided under IC 4-21.5-3. The penalties are as follows:
(1) Fourteen (14) to eighteen (18) points will result in a warning notice from the bureau to the affected person.
(2) Twenty (20) points will result in a one (1) month suspension.
(3) Twenty-two (22) points will result in two (2) months suspension.
(4) Twenty-four (24) points will result in three (3) months suspension.
(5) Twenty-six (26) points will result in four (4) months suspension.
(6) Twenty-eight (28) points will result in five (5) months suspension.
(7) Thirty (30) points will result in six (6) months suspension.
(8) Thirty-two (32) points will result in seven (7) months suspension.
(9) Thirty-four (34) points will result in eight (8) months suspension.
(10) Thirty-six (36) points will result in nine (9) months suspension.
(11) Thirty-eight (38) points will result in ten (10) months suspension.
(12) Forty (40) or more points will result in eleven (11) months suspension.
(13) Forty-two (42) or more points will result in twelve (12) months suspension.
(c) If, during any twelve (12) month period, a person has committed three (3) moving traffic offenses, the bureau may, upon written notice, require the person to submit to an administrative hearing.
(d) The violation shall remain a part of the person's record even though, for purposes of this rule, the points assessed shall become inactive twenty-four (24) months after the disposition date.
(e) If a court of competent jurisdiction vacates, dismisses, amends, or otherwise modifies a violation, the bureau shall within a reasonable period of time after receiving the abstract of court record modify the pending or existing excessive points suspension accordingly.
(Bureau of Motor Vehicles; 140 IAC 1-4.5-4; filed Nov 9, 1983, 3:41 p.m.: 7 IR 27; filed Sep 5, 1995, 12:00 p.m.: 19 IR 6; readopted filed Oct 17, 2001, 4:46 p.m.: 25 IR 902; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; filed Jun 17, 2013, 11:21 a.m.: 20130717-IR-140120377FRA; filed Nov 16, 2015, 12:44 p.m.: 20151216-IR-140150061FRA, eff Jan 1, 2016; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR-140210126RFA; readopted filed Oct 8, 2025, 2:28 p.m.: 20251105-IR-140240620RFA)
140 IAC 1-4.5-5 140 IAC 1-4.5-5 Assessing points for out-of-state violations
140 IAC 1-4.5-5 Assessing points for out-of-state violations
Authority: IC 9-14-8-3
Affected: IC 9-19; IC 9-20; IC 9-21; IC 9-24; IC 9-25; IC 9-26; IC 9-28; IC 9-30; IC 14-15; IC 35-42; IC 35-43; IC 35-44.1; IC 35-46
Sec. 5. The bureau shall assess points to the record of a person for those violations committed in another state for which Indiana has a corresponding pointable violation. The points shall be assessed as if the person had committed the violation in Indiana. The bureau shall not assess points for any out-of-state violation for which Indiana does not have a corresponding violation.
(Bureau of Motor Vehicles; 140 IAC 1-4.5-5; filed Nov 9, 1983, 3:41 p.m.: 7 IR 28; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; filed Nov 16, 2015, 12:44 p.m.: 20151216-IR-140150061FRA, eff Jan 1, 2016; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR-140210126RFA; readopted filed Oct 8, 2025, 2:28 p.m.: 20251105-IR-140240620RFA)
140 IAC 1-4.5-6 140 IAC 1-4.5-6 Hearings; reinstatement of suspended license (Repealed)
140 IAC 1-4.5-6 Hearings; reinstatement of suspended license (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-4.5-7 140 IAC 1-4.5-7 Driver safety program; point credit for completion
140 IAC 1-4.5-7 Driver safety program; point credit for completion
Authority: IC 9-14-8-3
Affected: IC 9-24-2-3; IC 9-30-3-12
Sec. 7. (a) A person who has successfully completed and paid for a bureau approved driver safety program shall receive a four (4) point credit that will be entered on the person's record.
(b) The four (4) point credit shall remain in effect for a three (3) year period; however, the four (4) point credit may only be entered on the record once every three (3) years for successfully completing a bureau approved driver safety program.
(Bureau of Motor Vehicles; 140 IAC 1-4.5-7; filed Nov 9, 1983, 3:41 p.m.: 7 IR 29; filed Sep 5, 1995, 12:00 p.m.: 19 IR 7; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; filed Nov 16, 2015, 12:44 p.m.: 20151216-IR-140150061FRA, eff Jan 1, 2016; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR-140210126RFA; readopted filed Oct 8, 2025, 2:28 p.m.: 20251105-IR-140240620RFA)
140 IAC 1-4.5-8 140 IAC 1-4.5-8 Unlicensed drivers
140 IAC 1-4.5-8 Unlicensed drivers
Authority: IC 9-14-8-3
Affected: IC 9-14; IC 9-19; IC 9-20; IC 9-21; IC 9-24; IC 9-25; IC 9-26; IC 9-28; IC 9-30; IC 14-15; IC 35-42; IC 35-43; IC 35-44.1; IC 35-46
Sec. 8. Any person who commits a violation shall receive the same points or sanctions, including suspension of the person's driving privileges, even if the person does not hold a valid driver's permit or license.
(Bureau of Motor Vehicles; 140 IAC 1-4.5-8; filed Nov 9, 1983, 3:41 p.m.: 7 IR 29; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; filed Nov 16, 2015, 12:44 p.m.: 20151216-IR-140150061FRA, eff Jan 1, 2016; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR-140210126RFA; readopted filed Oct 8, 2025, 2:28 p.m.: 20251105-IR-140240620RFA)
140 IAC 1-4.5-9 140 IAC 1-4.5-9 Point value table (Repealed)
140 IAC 1-4.5-9 Point value table (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Sep 5, 1995, 12:00 p.m.: 19 IR 15)
140 IAC 1-4.5-10 140 IAC 1-4.5-10 Point value table
140 IAC 1-4.5-10 Point value table
Authority: IC 9-14-8-3
Affected: IC 9-19; IC 9-20; IC 9-21; IC 9-24; IC 9-25; IC 9-26; IC 9-28; IC 9-30; IC 14-15; IC 35-42; IC 35-43; IC 35-44.1; IC 35-46
Sec. 10. (a) The bureau shall periodically update the point value table, as needed, with the assistance of the point study committee. Points assessed in subsection (f), Table 1 shall be for:
(1) in-state violations; or
(2) out-of-state violations reported to the bureau from any state for which an equivalent violation exists in Indiana.
(b) Requirements for entering violations onto a driver record shall be as follows:
(1) All abstracts of court record received by the bureau shall be recorded based upon the Indiana Code citation or the applicable bureau offense code reflected on the abstract.
(2) Out-of-state violations shall be recorded based upon the American Association of Motor Vehicle Administrators Code Dictionary (ACD) Code provided by the state reporting the violation.
(3) Leaving the scene of an accident under IC 9-26-1 shall be treated as an accident in excess of one thousand dollars ($1,000) requiring a mandatory suspension unless the accident is specifically designated on the abstract of court record or court order as less than one thousand dollars ($1,000).
(4) Property damage or personal injury shall not be presumed to have occurred when assessing points for reckless driving violations unless such property damage or personal injury is specifically indicated in the court order or on the abstract of court record by the court.
(c) Any violation that is subject to statutory change shall retain the same point designation until the regulations are amended unless such violation is entirely repealed by the statutory change whereby no points shall be assessed for that violation.
(d) The point value assigned to a violation shall be determined by the point value table in effect on the date the violation was committed.
(e) All violations that are removed from the point value table shall retain their assigned point value for violations committed prior to the removal of the violation from the table.
(f) Point value Table 1, establishing the point value system, shall be as follows:
| Table 1. | |||
| Indiana Code Cross Reference | Description of Violation | Point Value | |
| 9-19-3-1 et seq. | Equipment violation with respect to brakes | 4 | |
| 9-19-7-2(a)(2) | |||
| 9-19-4-1 et seq. | Bumper violation | 2 | |
| 9-19-5-6 | Failure of commercial motor vehicle to carry required emergency equipment | 2 | |
| 9-19-6-1.5 et seq. | Equipment violation with respect to vehicle lights, reflectors, stop lights, warning signals | 2 | |
| 9-19-7-2(a) | |||
| 9-19-7-2(b) | |||
| 9-21-7-1 et seq. | |||
| 9-21-7-1 et seq. | Failure to use lights, reflectors, stop lights, warning signals when required | 2 | |
| 9-19-7-1 | No motorcycle or motor driven cycle headgear or protective eyewear (under 18 years of age) | 4 | |
| 9-21-10-9 (repealed) | |||
| 9-21-3-7 | Disregarding traffic control signal | 4 | |
| 9-21-3-8 | |||
| 9-21-3-9 | |||
| 9-21-3-10 (repealed) | |||
| 9-21-3-11 | |||
| 9-21-4-11 | Failure to yield; failure to obey stop or yield signs | 4 | |
| 9-21-4-17 | |||
| 9-21-4-18 | |||
| 9-21-8-29 | |||
| 9-21-8-30 | |||
| 9-21-8-31 | |||
| 9-21-8-32 | |||
| 9-21-8-33 | |||
| 9-21-8-34 | |||
| 9-21-8-36 | |||
| 9-21-8-35(a) | Failure to yield to moving emergency vehicle | 6 | |
| 9-21-8-35(b) | Failure to change lanes or decrease speed when approaching a stationary emergency, recovery, or maintenance vehicle | 8 | |
| 9-21-8-35(c) | |||
| 9-21-4-12 | Improper passing in violation of clearly visible signs or markings | 4 | |
| 9-21-4-13 | |||
| 9-21-4-18 | |||
| 9-21-4-16 | Disregarding stop sign at railroad crossing | 6 | |
| 9-21-4-18 | |||
| 9-21-5-1 | Miscellaneous speeding violations: | ||
| 9-21-5-2 | Excessive speed not indicated | 2 | |
| 9-21-5-3 | 1-15 MPH in excess of limit | 2 | |
| 9-21-5-4 | 16-25 MPH in excess of limit | 4 | |
| 9-21-5-5 | Over 25 MPH in excess of limit | 6 | |
| 9-21-5-6(a) | |||
| 9-21-5-6(e) | |||
| 9-21-5-12 | |||
| 9-21-5-13 (repealed) | |||
| 9-21-5-6(d) | Speeding in a school zone: | ||
| 9-21-5-6(f) | Excessive speed not indicated | 4 | |
| 1-15 MPH in excess of limit | 4 | ||
| 16-25 MPH in excess of limit | 6 | ||
| Over 25 MPH in excess of limit | 8 | ||
| 9-21-5-11 | Speeding in a work site: | ||
| Excessive speed not indicated | 4 | ||
| 1-15 MPH in excess of limit | 4 | ||
| 16-25 MPH in excess of limit | 6 | ||
| Over 25 MPH in excess of limit | 8 | ||
| 9-21-5-7 | Minimum speed violation, slow vehicle in improper lane | 2 | |
| 9-21-5-8 | |||
| 9-21-5-9 | |||
| 9-21-8-2(b) | |||
| 9-21-5-10 | Unsafe speed on bridge or elevated structure | 4 | |
| 9-21-6-1 | Speed contest on streets or highways (drag racing) | 8 | |
| 9-21-8-56(d)(2) | |||
| 9-21-8-1 | Failure to comply with order of law enforcement officer | 6 | |
| 9-21-8-2(a) | Driving on left side of road when not permitted | 4 | |
| 9-21-8-8 | |||
| 9-21-8-4 | Improper passing on two lane highway | 4 | |
| 9-21-8-5 | Improper passing (cutting in); refusing to give way to overtaking vehicle | 4 | |
| 9-21-8-6 | Improper passing to the right | 4 | |
| 9-21-8-7 | Improper passing on the left of center | 6 | |
| 9-21-8-7.5 | Worksite no passing | 8 | |
| 9-21-8-8 | Driving to the left of center on two-way roadway (special conditions) | 4 | |
| 9-21-8-9 | Wrong way on a one-way roadway | 4 | |
| 9-21-8-10 | Driving left of rotary island | 4 | |
| 9-21-8-11 | Improper driving on roadways with traffic lanes | 4 | |
| 9-21-8-12 | Lane restriction violation by truck | 4 | |
| 9-21-8-13 | |||
| 9-21-8-14 | Following too closely | 6 | |
| 9-21-8-15 | |||
| 9-21-8-16 | |||
| 9-21-8-18 | Entrance or exit violation on limited access highways | 4 | |
| 9-21-8-19 | |||
| 9-21-8-21 | Improper turn at intersection | 4 | |
| 9-21-8-19 | Improper U-turn | 4 | |
| 9-21-8-22 | |||
| 9-21-8-23 | Unsafe start from parked position | 4 | |
| 9-21-8-24 | Failure to signal when required, improper signal | 2 | |
| 9-21-8-25 [IC 9-21-8-25 was repealed by P.L. 118-2022, SECTION 23, effective January 1, 2023.] | |||
| 9-21-8-26 | |||
| 9-21-8-27 | |||
| 9-21-8-28 | |||
| 9-21-8-37 | Failure to exercise due care for pedestrian | 6 | |
| 9-21-8-38 | Operating through or within a pedestrian safety zone | 4 | |
| 9-21-8-39 | Disregarding signal indicating approach of train | 6 | |
| 9-21-8-40 | Failure of commercial vehicle or other special vehicle to stop at railroad crossing | 8 | |
| 9-21-12-5 | |||
| 9-21-8-41 | Disregarding official traffic control device at a worksite | 6 | |
| 9-21-8-50 | Reckless driving while operating a tractor-trailer combination | 8 | |
| 9-21-8-51 | Failure to dim bright or blinding lights | 2 | |
| 9-21-8-52(a) | Reckless driving | 6 | |
| 9-21-8-52(b) | |||
| 9-21-8-52 | Reckless driving with damage to property | 8 | |
| 9-21-8-52 | Reckless driving with bodily injury | 10 | |
| 9-21-8-55 | Aggressive driving | 8 | |
| 9-21-8-56 | Reckless operation in highway work zone | 8 | |
| 9-21-8-59 | Use of a telecommunications device while operating a motor vehicle | 4 | |
| 9-21-9-4 | No flashing amber or red light on slow moving vehicle when other lights not required (this is in addition to slow moving emblem) | 2 | |
| 9-19-16-4 (repealed) | |||
| 9-21-10-1 | Motorcycle or motor driven cycle passenger violation | 4 | |
| 9-21-10-2 | |||
| 9-21-10-4 | |||
| 9-21-10-3 | Carrying articles to prevent proper use of handlebars | 4 | |
| 9-21-10-5 | Operating motorcycle or motor driven cycle without headlamp illuminated | 2 | |
| 9-21-10-6 | Operating motorcycles three or more abreast in single lane | 4 | |
| 9-21-10-6 | Depriving motor vehicle (including motorcycle) of full lane usage | 4 | |
| 9-21-10-8 | Motor driven cycle operated on interstate | 4 | |
| 9-21-11-12 | Improper operation of Class B motor driven cycle | 4 | |
| 9-21-12-1 | Passing of school bus while loading or unloading | 8 | |
| 9-21-12-1 | Passing of school bus when arm signal is out | 8 | |
| 9-21-12-18 | Hazardous or obstructed exit on school or special purpose bus | 6 | |
| 9-24-1-1 | No valid license for type of vehicle that was operated (noncommercial motor vehicle) | 4 | |
| 9-24-1-4 (repealed) | |||
| 9-24-1-5 (repealed) | |||
| 9-24-1-8 (repealed) | |||
| 9-24-11-3.6 | |||
| 9-24-12-1 | |||
| 9-24-12-2 | |||
| 9-24-1-6 (repealed) | Operating commercial motor vehicle without valid commercial driver's license | 8 | |
| 9-24-6.1-3 | |||
| 9-24-6-15 (repealed) | Operating a commercial motor vehicle with a BAC or BrAC of at least .04 but less than .08 | 8 | |
| 9-24-6.1-6 | |||
| 9-24-6-16 (repealed) | Operating a commercial motor vehicle while disqualified | 8 | |
| 9-24-6.1-7 | |||
| 9-24-7-3 (repealed) | Learner's permit violation | 4 | |
| 9-24-7-4 | |||
| 9-24-8-3 | Motorcycle learner's permit violation | 4 | |
| 9-24-1-1(b) | Improper motorcycle endorsement or motor driven cycle endorsement or restriction | 6 | |
| 9-24-1-8 (repealed) | |||
| 9-24-8-4 [IC 9-24-8-4 expired under P.L.198-2016, SECTION 460, effective December 31, 2016.] | |||
| 9-24-11-3 (repealed) | Probationary license violation (under 18 years of age) | 4 | |
| 9-24-11-3.3 (repealed) | |||
| 9-24-11-3.5 | |||
| 9-24-11-3.6 | |||
| 9-24-11-3.7 | |||
| 9-24-11-8(a) | Violation of driver's license restriction or mechanical control device requirement | 4 | |
| 9-24-11-8(b) | Violation of driver's license restriction or mechanical control device causing serious bodily injury or death | 10 | |
| 9-24-11-8(c) | |||
| 9-24-18-1 | Operating without ever having a valid license | 6 | |
| 9-24-18-5 (repealed) | Driving while license or driving privileges are suspended or revoked | 8 | |
| 9-24-19-1 | |||
| 9-24-19-2 | |||
| 9-24-19-3 | |||
| 9-24-19-4 (repealed) | |||
| 9-30-13-6 | |||
| 9-30-13-7 | |||
| 9-24-19-3 | Driving while license or driving privileges are suspended or revoked resulting in bodily injury or death | 10 | |
| 9-25-4-1 | Violation of financial responsibility requirements | 2 | |
| 9-25-8-5 | |||
| 9-26-1-1.1 | Leaving the scene of accident; failure to give information; failure of other duties | 8 | |
| 9-26-1-1 (repealed) | Leaving the scene of accident; failure to give information; failure of other duties (damage to unattended vehicle or other property) | 8 | |
| 9-26-1-2 (repealed) | |||
| 9-26-1-3 (repealed) | |||
| 9-26-1-4 (repealed) | |||
| 9-26-1-1.1 | |||
| 9-26-1-1 (repealed) | Leaving the scene of accident; failure to give information; failure of other duties (injury or death) | 10 | |
| 9-26-1-2 (repealed) | |||
| 9-26-1-3 (repealed) | |||
| 9-26-1-4 (repealed) | |||
| 9-26-1-1.1 | |||
| 9-30-4-8 | Operating a vehicle with suspended registration | 8 | |
| 9-30-5-1 | Per se operating while intoxicated (OWI) or operating with a controlled substance or metabolite in the body | 8 | |
| 9-30-5-2 | OWI | 8 | |
| 9-30-5-3 | OWI per se or OWI conviction in past 5 years or with passenger under 18 years of age | 8 | |
| 9-30-5-4 | OWI per se, OWI, or operating with a controlled substance or metabolite in the body causing serious bodily injury to another | 10 | |
| 9-30-5-5 | OWI per se, OWI, or operating with a controlled substance or metabolite in the body causing death of another person or of a law enforcement animal | 10 | |
| 9-24-15-11 (repealed) | Violation of probationary, hardship/restricted, or specialized driving privileges | 8 | |
| 9-30-5-6 | |||
| 9-30-5-13 (repealed) | |||
| 9-30-16-5 | |||
| 9-30-5-7 | Interlock device violation | 8 | |
| 9-30-6-8.7 (repealed) | |||
| 9-30-5-8 | Tampering with interlock device | 8 | |
| 9-30-5-8.5 | Operating with at least BAC .02%, but less than BAC .08% (under 21 years of age) | 6 | |
| 9-30-10-16 | Operating a vehicle while driving privileges are suspended or forfeited as a habitual traffic violator | 8 | |
| 9-30-10-17 | |||
| 9-30-13-1 (repealed) | Criminal recklessness with vehicle | 8 | |
| 35-42-2-2 | |||
| 9-30-13-2 (repealed) | Obstruction of traffic causing serious bodily injury or death | 10 | |
| 35-42-2-4 (repealed) 35-44.1-2-13(b)(2) | |||
| 9-30-13-3 (repealed) | Criminal mischief with vehicle | 8 | |
| 35-43-1-2 | |||
| 9-30-13-4 (repealed) | Voluntary or involuntary manslaughter with a vehicle | 10 | |
| 35-42-1-3 | |||
| 35-42-1-4 | |||
| 9-30-13-4 (repealed) | Reckless homicide with a vehicle | 10 | |
| 35-42-1-5 | |||
| 9-30-15-4 | Consumption of alcohol while operating vehicle | 6 | |
| 14-15-3-7 | Speeding in boat | 2 | |
| 14-15-3-8 | |||
| 14-15-3-10 | |||
| 14-15-4-1 | Leaving the scene of a watercraft accident or failure of other duties | 8 | |
| 14-15-4-2 | |||
| 14-15-4-3 | |||
| 14-15-8-8 (repealed) | Operating a personal watercraft or motorboat while intoxicated or with a controlled substance or metabolite in the body | 8 | |
| 14-15-8-13 (repealed) | |||
| 35-46-9-6 | |||
| 14-15-8-9 (repealed) | Operation of motorboat after being ordered not to operate | 8 | |
| 14-15-8-10 (repealed) | |||
| 35-46-9-7 | |||
| 14-15-3-6 | Dangerous operation of a boat | 8 | |
| 14-15-11-9 | Operating motorboat without a valid license or identification card | 4 | |
| 14-15-11-11 | Operating motorboat while suspended | 8 | |
| 14-15-12-10 | Unsafe operation of a personal watercraft | 8 | |
| 9-21-5-13 (repealed) | Speeding in school bus: | ||
| 9-21-5-14 | Speed not indicated | 6 | |
| 20-9.1-5-10 (repealed) | 1-15 MPH in excess of limit | 6 | |
| Over 15 MPH in excess of limit | 8 | ||
| 9-21-12-5 | Failure of school bus to stop at railroad crossing | 8 | |
| 9-21-12-17 (repealed) | |||
| 20-9.1-5-11 (repealed) | |||
| 9-21-12-13 | Improper use or failure of school bus to display stop arm signal | 4 | |
| 20-9.1-5-14 (repealed) | |||
| 9-21-12-14 | Improper use or failure of school bus to use directional signal | 4 | |
| 20-9.1-5-15 (repealed) | |||
| 9-21-12-15 | Improper use or failure of school bus to use red flashing warning lights | 4 | |
| 20-9.1-5-16 (repealed) | |||
| 35-44.1-2-13(b)(1) | Obstruction of traffic involving vehicle (without serious bodily injury or death) | 4 | |
| 35-44.1-3-1(b) | Resisting law enforcement in vehicle | 8 | |
| 35-46-9-6 | Operating a personal watercraft or motorboat while intoxicated or having a controlled substance or metabolite in the body causing serious bodily injury to another or death | 10 | |
| 14-15-3-20 | Improper towing of persons or objects with motorboat | 2 | |
| 14-15-3-24 | Operating motorboat with occupant on gunwales or bow decking | 2 | |
| 14-15-13-3 | Violation of motorboat watersport prohibitions | 2 |
(Bureau of Motor Vehicles; 140 IAC 1-4.5-10; filed Sep 5, 1995, 12:00 p.m.: 19 IR 8; readopted filed Oct 17, 2001, 4:46 p.m.: 25 IR 903; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Jun 17, 2013, 11:21 a.m.: 20130717-IR-140120377FRA; readopted filed Nov 26, 2013, 11:22 a.m.: 20131225-IR-140130487RFA; filed Nov 16, 2015, 12:44 p.m.: 20151216-IR-140150061FRA, eff Jan 1, 2016; filed Oct 5, 2017, 9:34 a.m.: 20171101-IR-140160492FRA; filed Jun 29, 2021, 10:23 a.m.: 20210728-IR-140210122FRA; readopted filed Oct 8, 2025, 2:28 p.m.: 20251105-IR-140240620RFA)
140 IAC 1-5 Rule 5. Procedures for Implementation and Conduct of Indiana's Pre-Motor Vehicle Registration Financial Responsibility Requirement (Repealed)
Rule 5. Procedures for Implementation and Conduct of Indiana's Pre-Motor Vehicle Registration Financial Responsibility Requirement (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-6 Rule 6. Procedures for Implementation and Conduct of Indiana's Post-Motor Vehicle Registration Financial Responsibility Requirement (Repealed)
Rule 6. Procedures for Implementation and Conduct of Indiana's Post-Motor Vehicle Registration Financial Responsibility Requirement (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Nov 26, 1996, 4:35 p.m.: 20 IR 938)
Rule 7
140 IAC 1-7-1 140 IAC 1-7-1 Definitions (Repealed)
Rule 7. Self-Insurance
140 IAC 1-7-1 Definitions (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-7-2 140 IAC 1-7-2 Requests for self-insurance; issuance of self-insurance certificate and number; certificate renewal
140 IAC 1-7-2 Requests for self-insurance; issuance of self-insurance certificate and number; certificate renewal
Authority: IC 9-14-8-3
Affected: IC 9-25
Sec. 2. (a) Any person applying to qualify as a self-insurer for the first time must file the person's request for approval for self-insurance with the bureau at least thirty (30) days prior to the date that the applicant wants the self-insurance to be in effect. This request for self-insurance must include the following:
(1) The name and address of the person requesting to be self-insured and the name and address of the self-insurance administrator.
(2) The number and types, which includes year, make, and model, of vehicles to be self-insured.
(3) An oath or affirmation by the self-insurance administrator, on a bureau approved form, that he or she shall discharge all legal duties of the self-insurer.
(4) The self-insurance administrator shall provide the bureau with a master list containing the names and addresses of all persons who will use such self-insurance to fulfill their financial responsibility requirements.
(5) After the bureau approves a request for self-insurance, the self-insurance administrator must provide the bureau with an updated master list of names and addresses every calendar month during which any change is made to the list.
(b) The commissioner or his or her designee shall determine whether to approve a request for self-insurance.
(c) The commissioner or his or her designee shall issue a self-insurance certificate and a self-insurance number to any person approved to receive such a certificate.
(d) Self-insurance certificates shall be renewed on January 2 of each year.
(Bureau of Motor Vehicles; 140 IAC 1-7-2; filed Dec 21, 1983, 1:16 p.m.: 7 IR 563, eff Jan 2, 1984 [IC 4-22-2-5 suspends the effectiveness of a rule document for thirty (30) days after filing with the Secretary of State. LSA Document #83-94(F) was filed with the Secretary of State December 21, 1983.]; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
140 IAC 1-7-3 140 IAC 1-7-3 Financial collateral
140 IAC 1-7-3 Financial collateral
Authority: IC 9-14-8-3; IC 9-25-4-11
Affected: IC 9-25-4-10
Sec. 3. (a) No person shall be approved as a self-insurer unless certain minimum financial collateral is deposited with the treasurer with receipt to the bureau or with the bureau. The minimum financial collateral to be furnished by the self-insurer is fifty thousand dollars ($50,000) for the first vehicle and twenty thousand dollars ($20,000) for each additional vehicle up to a maximum of one million dollars ($1,000,000). Provided, however, that should the amount of collateral to be posted under IC 9-25-4-10 be increased or decreased, then the amount of financial collateral to be deposited for the self-insured's initial vehicle shall be increased or decreased accordingly.
(b) Only the following shall be accepted as valid collateral for self-insurance purposes:
(1) United States currency or security as may be legally purchased by banks or for trust funds that has a market value of the amount required to be posted for collateral.
(2) Evidence of escrow deposits in favor of the bureau of motor vehicles in federal or state banks, credit unions, or savings and loan associations if federally insured; such escrow deposits shall be established only for providing collateral to meet the obligations of the self-insurer.
(3) Irrevocable letter or letters of credit issued by any bank on behalf of the applicant for self-insurance.
(4) Surety bond.
(c) Financial collateral shall not accumulate any interest while on deposit.
(Bureau of Motor Vehicles; 140 IAC 1-7-3; filed Dec 21, 1983, 1:16 p.m.: 7 IR 563, eff Jan 2, 1984 [IC 4-22-2-5 suspends the effectiveness of a rule document for thirty (30) days after filing with the secretary of state. LSA Document #83-94(F) was filed Dec 21, 1983]; errata filed Aug 10, 1992, 3:00 p.m.: 15 IR 2593; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; filed Oct 5, 2017, 9:34 a.m.: 20171101-IR-140160492FRA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
140 IAC 1-7-4 140 IAC 1-7-4 Payments from collateral
140 IAC 1-7-4 Payments from collateral
Authority: IC 9-14-8-3
Affected: IC 9-25
Sec. 4. If the self-insurer is not able to discharge its legal obligations, including judgments that result from the insurer's operation of a motor vehicle, the administrator may petition the commissioner to pay any of the outstanding obligations from the financial collateral posted by the self-insurer or may cause the obligation to be paid out of any other collateral posted in accordance with these regulations. Any sums withdrawn from the collateral must be replaced within seventy-two (72) hours from the date of withdrawal in order to retain the certificate of self-insurance.
(Bureau of Motor Vehicles; 140 IAC 1-7-4; filed Dec 21, 1983, 1:16 p.m.: 7 IR 564, eff Jan 2, 1984 [IC 4-22-2-5 suspends the effectiveness of a rule document for thirty (30) days after filing with the Secretary of State. LSA Document #83-94(F) was filed with the Secretary of State December 21, 1983.]; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
140 IAC 1-7-5 140 IAC 1-7-5 Schedule of claims incurred; additional collateral
140 IAC 1-7-5 Schedule of claims incurred; additional collateral
Authority: IC 9-14-8-3
Affected: IC 9-25
Sec. 5. (a) Each self-insurer shall, at the time of application or renewal for self-insurance, furnish a schedule of all motor vehicle claims incurred during the preceding calendar year.
(b) The commissioner may determine that the self-insurer must provide additional collateral above the minimum amounts if the number or dollar amount of claims incurred by the self-insurer is determined to be excessive or could not be covered by the minimum requirements, or both. However, this additional amount shall not exceed forty thousand dollars ($40,000) per vehicle.
(Bureau of Motor Vehicles; 140 IAC 1-7-5; filed Dec 21, 1983, 1:16 p.m.: 7 IR 564, eff Jan 2, 1984 [IC 4-22-2-5 suspends the effectiveness of a rule document for thirty (30) days after filing with the secretary of state. LSA Document #83-94(F) was filed Dec 21, 1983]; errata filed Aug 10, 1992, 3:00 p.m.: 15 IR 2593; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
140 IAC 1-7-6 140 IAC 1-7-6 Master self-insurance certificates
140 IAC 1-7-6 Master self-insurance certificates
Authority: IC 9-14-8-3
Affected: IC 9-25
Sec. 6. (a) Self-insurance administrators are responsible for issuing a copy of the master self-insurance certificate to its members who use self-insurance to fulfill their financial responsibility obligations.
(b) The commissioner may recover the costs of any forms furnished to the self-insurers.
(Bureau of Motor Vehicles; 140 IAC 1-7-6; filed Dec 21, 1983, 1:16 p.m.: 7 IR 564, eff Jan 2, 1984 [IC 4-22-2-5 suspends the effectiveness of a rule document for thirty (30) days after filing with the Secretary of State. LSA Document #83-94(F) was filed with the Secretary of State December 21, 1983.]; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
140 IAC 1-7-7 140 IAC 1-7-7 Issuance of self-insurance certificate and number; renewal of certificate (Repealed)
140 IAC 1-7-7 Issuance of self-insurance certificate and number; renewal of certificate (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-7-8 140 IAC 1-7-8 Cancellation or refusal to renew certificate
140 IAC 1-7-8 Cancellation or refusal to renew certificate
Authority: IC 9-14-8-3
Affected: IC 9-25
Sec. 8. (a) The commissioner is authorized to cancel or disapprove a renewal of a certificate of self-insurance if he or she finds that:
(1) the self-insurer has inadequate collateral or has judgments from motor vehicle claims that exceed the amount of the collateral furnished;
(2) the self-insurer has filed bankruptcy;
(3) the self-insurer has an excessive number of claims for personal injury or property damage filed against the self-insurer from the operation or ownership of a motor vehicle;
(4) the self-insurer has failed to pay any judgment within thirty (30) days; or
(5) the self-insurer has had his or her driver's license or vehicle registration suspended or revoked in accordance with any provision of IC 9.
(b) The commissioner shall give at least fifteen (15) days notice and an opportunity for a hearing prior to taking final action on any denial or cancellation of a self-insurance certificate except where the self-insurer fails to maintain the collateral required by this rule.
(Bureau of Motor Vehicles; 140 IAC 1-7-8; filed Dec 21, 1983, 1:16 p.m.: 7 IR 564, eff Jan 2, 1984 [IC 4-22-2-5 suspends the effectiveness of a rule document for thirty (30) days after filing with the secretary of state. LSA Document #83-94(F) was filed Dec 21, 1983]; errata filed Aug 10, 1992, 3:00 p.m.: 15 IR 2593; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
Rule 8
140 IAC 1-8-0.5 140 IAC 1-8-0.5 Purpose and definitions
Rule 8. Standards and Specifications for Ignition Interlock Devices
140 IAC 1-8-0.5 Purpose and definitions
Authority: IC 9-14-8-3; IC 9-30-8-3
Affected: IC 9-13-2-76; IC 9-30
Sec. 0.5. (a) The purpose of this rule is to establish standards and specifications for certification, installation, use, repair, and removal of ignition interlock breath alcohol devices.
(b) The following definitions shall apply throughout this rule:
(1) "Alcohol" means the generic class of organic compounds known as alcohols and specifically the chemical compound ethyl alcohol. For the purpose of ignition interlock devices, there is no requirement expressed or implied that the device be specifically for ethyl alcohol.
(2) "Authorized service provider" or "ASP" means the person or company meeting all qualifications outlined throughout this rule and approved and trained by the manufacturer to service, install, monitor, calibrate, and provide information on manufacturer's devices used in Indiana.
(3) "Bogus sample" means any air sample that is altered, diluted, stored, or is filtered human breath, or which is obtained from a device such as, but not limited to, an air compressor, hot air dryer, balloon, or manual air pump, and is provided by an individual attempting to start or continue to operate a vehicle equipped with an IID.
(4) "Breath or blood alcohol concentration" or "BAC" means the amount of alcohol in a person's breath sample submitted to an IID, which shall be measured by grams of alcohol per:
(A) one hundred (100) milliliters of blood; or
(B) two hundred ten (210) liters of breath.
(5) "Circumvention" means the attempted or successful bypass of the proper functioning of an IID, including, but not limited to, the operation of a vehicle without a properly functioning IID, the push start of a vehicle equipped with an IID, disconnection or alteration of the IID, the introduction of a bogus sample other than a deep-lung sample from the driver of the vehicle, introduction of an intentionally contaminated or altered breath sample, continued operation of the interlock vehicle after the IID detects a fail level of breath alcohol.
(6) "Fail level" means a BAC that meets or exceeds .02 or a lower level set by the originating court.
(7) "Ignition interlock device" or "IID" has the meaning set forth in IC 9-13-2-76.
(8) "Lessee" means a person who has entered into an agreement with a manufacturer or ASP to lease an IID.
(9) "Manufacturer" means the person, company, or corporation producing IIDs, and certifies service providers who are qualified to service, install, monitor, calibrate, and provide information on IIDs.
(10) "Originating court" means the Indiana court that issued the order that requires an individual to operate only vehicles equipped with IIDs.
(11) "Restricted operator" means a person whose driving privileges are restricted to operating only motor vehicles equipped with an approved, functioning IID.
(12) "Tampering" means any act or attempt to disable or circumvent the legal operation of an IID.
(13) "Violation reset" means the condition caused by the failure of the operator of a vehicle to perform a test or retest as required, or by the operator's inability to achieve such test or retest results at the lower of the maximum allowable alcohol concentration as set by the originating court or .02 BAC, the IID and the vehicle in which it is installed must be returned to the IID manufacturer or ASP to be reset.
(Bureau of Motor Vehicles; 140 IAC 1-8-0.5; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
140 IAC 1-8-1 140 IAC 1-8-1 Minimum standards, specifications and features
140 IAC 1-8-1 Minimum standards, specifications and features
Authority: IC 9-14-8-3
Affected: IC 9-30-5-8; IC 9-30-8
Sec. 1. Each court in Indiana that has authority to order the installation of IIDs shall order the installation of IIDs that must meet the following minimum standards and specifications for the following:
(1) Features, as follows:
(A) The IID shall automatically render the vehicle inoperable if the result of the breath sample given to start the vehicle is at the fail level.
(B) The IID shall be designed to permit a restart within two (2) minutes of a vehicle's stalling or when the vehicle's ignition has been turned off.
(C) The IID shall automatically and completely purge residual alcohol before allowing subsequent tests.
(D) The IID shall be installed in such a manner that it will not interfere with the normal operation of the vehicle after it has been started.
(E) Each IID shall be provided with an ample supply of disposable mouth pieces designed to minimize the introduction of saliva into the IID.
(F) Each IID shall be uniquely serial numbered.
(G) Along with any other information required by the BMV or an originating court, all reports to an originating court concerning a particular IID shall include the name, address, and driver's license number of the lessee, the IID's unique serial number, and the name, address, telephone number (toll free), and contact person of the manufacturer or the ASP that is furnishing the report.
(H) Each IID shall record each time the vehicle is started, the results of the tests, how long the vehicle was operated, and any indication of bypassing or tampering with the device. Such information shall be included in reports to the originating court.
(I) Each IID shall require the operator of the vehicle to submit to a retest within ten (10) minutes of starting the vehicle. Retesting shall continue at intervals not to exceed sixty (60) minutes after the first retest.
(J) If a retest is not performed when called for by the IID, or if a breath sample is submitted that is at the fail level, the IID shall automatically enter a violation reset condition. An IID that enters a violation reset condition, and the vehicle in which it is installed, must be returned to the manufacturer or the ASP to be serviced within five (5) days or the vehicle must be rendered inoperable. The manufacturer or the ASP shall notify the originating court of such violation reset conditions in a format acceptable to the originating court within five (5) days of servicing the IID.
(2) IID security. The IID manufacturer and its ASP or ASPs shall take all reasonable steps necessary to prevent tampering or physical circumvention of the IID. These steps shall include the following:
(A) Special locks, seals, and installation procedures that prevent, and records evidence of, tampering or circumvention attempts, or both.
(B) The ASP will affix to the device a label containing the following notation: "Warning - This device has been installed under the laws of the State of Indiana. Attempts to disconnect, tamper with, or circumvent this device may subject you to civil and/or criminal penalties. For more information, call (insert manufacturer's or ASP's toll free number).".
(C) No owner or employee of a manufacturer or ASP may authorize or assist with the disconnection of an IID, or enable the use of any emergency bypass mechanism or any other bypass procedure that allows a person restricted to use the vehicle equipped with a functioning IID, to start or operate a vehicle without providing all required breath samples.
(Bureau of Motor Vehicles; 140 IAC 1-8-1; filed Jun 1, 1990, 2:16 p.m.: 13 IR 1834; readopted filed Oct 17, 2001, 4:46 p.m.: 25 IR 910; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
140 IAC 1-8-2 140 IAC 1-8-2 Specifications; levels (Repealed)
140 IAC 1-8-2 Specifications; levels (Repealed)
(Repealed by Bureau of Motor Vehicles; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA)
140 IAC 1-8-3 140 IAC 1-8-3 Device maintenance and reports; calibration; certification
140 IAC 1-8-3 Device maintenance and reports; calibration; certification
Authority: IC 9-14-8-3; IC 9-30-8-3
Affected: IC 9-30-5; IC 9-30-6; IC 9-30-8
Sec. 3. (a) Each lessee shall have the IID examined by the manufacturer or by an ASP for correct calibration and evidence of tampering at intervals not to exceed sixty-five (65) days, or more often as may be ordered by the originating court.
(b) The IID must be calibrated for accuracy according to the manufacturer's procedures. All data contained in the device's memory must be downloaded and the manufacturer or the ASP, or both, shall make a hard copy or electronic equivalent of the client data and the results of each examination. Any evidence of noncompliance, violations, or signs of tampering or circumvention shall be reported as requested by and in a format acceptable to the originating court. All information obtained from each inspection shall be retained by the manufacturer or ASP for two (2) years from the date the IID is removed from the vehicle.
(c) Each IID must be capable of being preset, by the manufacturer or by an ASP, at any fail level from .02 through .08 BAC (plus or minus .005 BAC). The actual setting of each IID, unless otherwise mandated by the originating court, shall be .02 BAC. The capability to change this setting shall be made secure by the manufacturer or by an ASP.
(d) Each IID must meet or exceed the minimum test standards in sections one and two of the model specifications for breath alcohol ignition interlock devices (BAIID) as published in the Federal Register, Volume 57, Number 67, Tuesday, April 7, 1992, on pages 11774 – 11787*, or as rules are adopted.
*These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Bureau of Motor Vehicles, Indiana Government Center North, Fourth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
(Bureau of Motor Vehicles; 140 IAC 1-8-3; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; readopted filed Sep 3, 2020, 10:16 a.m.: 20200930-IR-140200090RFA)
Rule 9
140 IAC 1-9-1 140 IAC 1-9-1 Reasonable grounds for suspension and revocation
Rule 9. Suspensions and Revocations
140 IAC 1-9-1 Reasonable grounds for suspension and revocation
Authority: IC 9-14-8-3
Affected: IC 9-14-8-3; IC 9-30-4
Sec. 1. The term "reasonable ground", as used in IC 9-14-8-3, includes the following:
(1) Presenting false, misleading or incorrect information or misrepresenting information to the bureau for the purpose of obtaining or renewing a driver's license, permit, identification card, certificate of registration, license plate, or certificate of title.
(2) Obtaining or using a driver's license, learner's permit, identification card, certificate of registration, license plate, or certificate of title through fraud, misrepresentation, or the use of incorrect or misleading information.
(3) Obtaining or maintaining a driver's license, learner's permit, identification card, certificate of registration, license plate, or certificate of title by a person who was not qualified to do so.
(4) The issuance of a driver's license, permit, identification card, certificate of registration, license plate, or certificate of title in error or as the result of a mistake.
(5) Any other situation in which a suspension or revocation is necessary to prevent the misuse or improper issuance of a driver's license, permit, identification card, certificate of registration, license plate, or certificate of title.
(6) Any other situation in which a suspension or revocation is necessary to ensure public safety.
(7) Any other suspension or revocation specifically provided for in statute or regulation.
(Bureau of Motor Vehicles; 140 IAC 1-9-1; filed Dec 22, 2014, 4:00 p.m.: 20150121-IR-140140101FRA; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR-140210126RFA; filed Feb 9, 2022, 3:34 p.m.: 20220309-IR-140210460FRA)
140 IAC 1-9-2 140 IAC 1-9-2 Penalties
140 IAC 1-9-2 Penalties
Authority: IC 9-14-8-3
Affected: IC 9-30-4
Sec. 2. (a) When the bureau suspends the driving privileges, driver's license, or permit of any person or certificate of registration or license plate of any motor vehicle for matters involving fraud or misrepresentation, the period of suspension shall generally be ninety (90) days per incident of fraud or misrepresentation, but the bureau may, in its discretion, impose shorter or longer suspensions or provide that suspensions under this rule run concurrently when warranted by the circumstances.
(b) When the bureau suspends the driving privileges or driver's license or permit of any person or certificate of registration or license plate of any motor vehicle for matters not involving fraud or misrepresentation, the period of suspension shall be determined by the bureau based upon the particular circumstances of the facts and events leading to the suspension.
(c) When the bureau revokes the driving privileges, driver's license, or permit of any person or certificate of registration or license plate of any motor vehicle, and the facts and circumstances lead the bureau to conclude that reinstatement might be considered in the future, the bureau may establish a date upon which the person may apply to the bureau for reinstatement. Reinstatement shall be granted if it appears to the bureau that the reasons for the revocation no longer exist or that reinstatement is otherwise warranted.
(d) The bureau may also impose reasonable conditions upon any reinstatement or the termination of any period of suspension.
(Bureau of Motor Vehicles; 140 IAC 1-9-2; filed Dec 22, 2014, 4:00 p.m.: 20150121-IR-140140101FRA; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR-140210126RFA; readopted filed Oct 8, 2025, 2:28 p.m.: 20251105-IR-140240620RFA)
140 IAC 1-9-3 140 IAC 1-9-3 Notice
140 IAC 1-9-3 Notice
Authority: IC 9-14-8-3
Affected: IC 9-14-8-3; IC 9-30-4
Sec. 3. The bureau shall notify a person in writing of a suspension or revocation of driving privileges, driver's license or permit, certificate of registration, license plate, or certificate of title under IC 9-14-8-3. The notice shall include the following:
(1) A description of the action taken by the bureau.
(2) A statement that the person may request a review by making such a request within eighteen (18) days of the notice.
(3) Instructions for requesting a review.
(Bureau of Motor Vehicles; 140 IAC 1-9-3; filed Dec 22, 2014, 4:00 p.m.: 20150121-IR-140140101FRA; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR-140210126RFA; filed Feb 9, 2022, 3:34 p.m.: 20220309-IR-140210460FRA)
140 IAC 1-9-4 140 IAC 1-9-4 Procedure for administrative hearing
140 IAC 1-9-4 Procedure for administrative hearing
Authority: IC 9-14-8-3; IC 9-30-4
Affected: IC 9-14-8-3; IC 9-30-4
Sec. 4. (a) This section applies only to a suspension or revocation under section 1(1) or 1(2) of this rule.
(b) A person whose driving privileges, driver's license or permit, certificate of registration, license plate, or certificate of title are suspended or revoked under section 1(1) or 1(2) of this rule may request an administrative review of the action and is entitled to a hearing if a request for administrative review is made. The request for review must be received within eighteen (18) days of the date of the notice under this section.
(c) A person requesting a review under this section must submit all documents and information relevant to the determination at the hearing.
(d) When conducting a review of a suspension or revocation under this section, the administrative law judge may consider all relevant matters, including, but not limited, to the following:
(1) The person's age at the time of the fraud or misrepresentation.
(2) The passage of time since the fraud or misrepresentation.
(3) The person's purported intent.
(4) The person's cooperation with the bureau and other law enforcement.
(5) The results of any criminal prosecution that resulted from the fraud or misrepresentation.
(6) The hardship imposed on the person by suspension.
(7) The likelihood that the person will participate in additional fraudulent activity or misrepresentations.
(8) Whether, and to what extent, the person's privileges were suspended or rendered invalid at the time of the determination.
(9) Any other factor relevant to the determination of an action under IC 9-14-8-3.
(e) Upon receipt of a timely request for a review under this section, the bureau shall stay the suspension or revocation under IC 9-14-8-3 pending a determination, unless otherwise required by law.
(Bureau of Motor Vehicles; 140 IAC 1-9-4; filed Dec 22, 2014, 4:00 p.m.: 20150121-IR-140140101FRA; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR-140210126RFA; filed Feb 9, 2022, 3:34 p.m.: 20220309-IR-140210460FRA)
140 IAC 1-9-5 140 IAC 1-9-5 Procedure for administrative review
140 IAC 1-9-5 Procedure for administrative review
Authority: IC 9-14-8-3; IC 9-30-4
Affected: IC 9-14-8-3; IC 9-30-4
Sec. 5. (a) This section applies only to a suspension or revocation under section 1(3) through 1(7) of this rule.
(b) A person whose driving privileges, driver's license or permit, certificate of registration, license plate, or certificate of title are suspended or revoked under section 1(3) through 1(7) of this rule may request an administrative review of the action. The request for review must be received within eighteen (18) days of the date of the notice under this section.
(c) A person requesting a review under this section must submit all documents and information relevant to the review with his or her request.
(d) When conducting a review under this section, the agency may consider all relevant matters.
(e) Upon receipt of a timely request for a review under this section, the bureau shall stay the suspension or revocation under IC 9-14-8-3 pending a determination, unless otherwise required by law.
(Bureau of Motor Vehicles; 140 IAC 1-9-5; filed Dec 22, 2014, 4:00 p.m.: 20150121-IR-140140101FRA; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR-140210126RFA; filed Feb 9, 2022, 3:34 p.m.: 20220309-IR-140210460FRA)
Rule 10
140 IAC 1-10-1 140 IAC 1-10-1 Procedure for material error review
Rule 10. Material Error Review Process
140 IAC 1-10-1 Procedure for material error review
Authority: IC 9-14-8-3
Affected: IC 9-33-2-1
Sec. 1. A request for a review pursuant to IC 9-33-2-1 must:
(1) set forth with reasonable particularity the error the person believes exists within the records of the bureau; and
(2) include any documentation supporting the claim.
(Bureau of Motor Vehicles; 140 IAC 1-10-1; filed Feb 9, 2022, 3:34 p.m.: 20220309-IR-140210460FRA)
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