JURISDICTION: INDIANA

This chapter summarizes Indiana State statutes related to speed.

General References: Burn's Indiana Statutes Annotated and Indiana Administrative Code (IAC)

Basis for a Speed Law Violation:

Basic Speed Rule: A person may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions, having regard to the actual and potential hazards than existing. This includes special hazards such as going around a curve, approaching a hill, traveling upon a narrow or winding roadway. §§9-21-5-1 & 9-21-5-4

Statutory Speed Limit: Note: The law is not clear but the following may be prima facie speed

See Other below. limits. §9-21-1-3(a)(11)

65 MPH, except for certain vehicles noted under "Other" below, on an interstate or defense highway located outside an urban area with a population 50,000 §9-21-5-2(3)

55 MPH on other highways §9-21-5-2(2)

30 MPH in an urban district §9-21-5-2(1)

15 MPH in an alley §9-21-5-2(5)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Department of Transportation may increase or lower the above maximum speed limits on an part of a highway.⁽¹⁾ §§9-21-5-3 & 9-21-5-12(a)

II. Based on engineering and traffic investigations, a local government may increase or decrease the maximum speed on any part of a highway or establish the maximum safe speed on the streets within its jurisdiction.⁽²⁾ §§9-21-1-3(a)(5) & (11), 9-21-5-3 and 9-21-5-6(a) & (b)

Minimum Speed Limit: A person shall not drive a motor vehicle at a slow speed that impedes or blocks the normal and reasonable movement of traffic. §9-21-5-7

Posted (Minimum) Speed Limit: Base on engineering and traffic investigations, the State Department of Transportation or a local government, for highways with its jurisdiction, may establish a minimum speed on any part of a highway. §9-21-5-8

Other: I. A vehicle with a gross weight 26,001 lbs. shall not be driven at speed greater than 60 MPH. §9-21-5-2(4)

Basis for a Speed Law Violation: (continued)

Other: (continued) II. An "oversized vehicle"⁽³⁾ shall not be driven at a speed greater than 45 MPH. §9-21-5-5

III. Based on engineering and traffic investigations, the State Department of Transportation may establish a safe maximum speed on any bridge or elevated structure. §9-21-5-10

IV. The State Department of Transportation or a local government may establish a temporary safe maximum speed limit at a worksite. §9-21-5-11

V. A vehicle which is not ordinary operated at speed >25 MPH cannot be operated above this speed. Such vehicles include pulled, towed, self-propelled or animal-drawn vehicles. §9-21-9-1

VI. A motorized bicycle may not be operated at a speed greater than 25 MPH. §9-21-11-12(4)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Class C Infractions. §§9-21-5-13, 9-21-9-7 & 9-21-11-12

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $500 §34-4-32-4(c)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Note: If a person attends a "defensive driving course," their point accumulation total is reduced by 4 points. §140 IAC §1-4.5-7

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension⁽⁴⁾ §9-30-4-9(a)(4)

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year §9-30-4-9(g)

Mandatory Minimum Term of

Withdrawal: None A restricted license for employment purposes may be issued. §9-24-15-2

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Speed Contests on Highways or Streets: Class B Misdemeanor §§9-21-6-1 & 9-21-6-3

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 180 days §35-50-3-3

Mandatory Minimum Term: None

Fine ($ Range): Not more than $1,000 §35-50-3-3

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension⁴ §9-30-4-9(a)(4)

Length of Term of

Licensing Withdrawal: Not more than 1 year §9-30-4-9(g)

Mandatory Action--Minimum

Length of License

Withdrawal: None A restricted license for employment purposes may be issued. §9-24-15-2

Other:

Reckless Driving: Class B Misdemeanor⁽⁵⁾ §§9-21-8-50 & 9-21-8-52

Sanction:

Criminal:

Imprisonment (Term): Not more than 180 days §35-50-3-3

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued) Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000 §35-50-3-3

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension⁴ §9-30-4-9(a)(4)

Length of Term of License

Withdrawal Action: Not more than 1 year If the offense resulted in property damage, an offender's license is subject to suspension from 30 days to 1 year. §§9-21-8-52(b) & 9-30-4-9(g)

Mandatory Term of License

Withdrawal Action: Limited A restricted license for employment purposes may be issued. §9-24-15-2 However, there appears to be a 30 day mandatory suspension if the offense resulted in property damage. §9-21-8-52(b) & 140 IAC §1-4.5-10(d)

Other:

Criminal Recklessness: Class A Misdemeanor⁽⁶⁾ §35-42-2-2(b)

Sanction:

Criminal:

Imprisonment (Term): Not more than 1 year §35-50-3-2

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $5,000 §35-50-3-2

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension §9-30-13-1

Length of Term of License

Withdrawal Action: 60 days to 2 years §9-30-13-1

Mandatory Term of License

Withdrawal Action: A 60 day suspension appears to be mandatory. §9-30-13-1 & 140 IAC §1-4.5-10(d)

Other:

Commercial Motor Vehicle (CMV) Operators⁽⁷⁾:

Grounds for Disqualification: A person is subject to CDL disqualification if, while operating a CMV, they (1) commit 2 "serious traffic violations"⁽⁸⁾ within a 3 year period or (2) commit 3 or more violations within a 3 year period. §9-24-6-7

Period of Disqualification: 2 serious violations (within 3 years)-60 days 3 or more serious violations (within 3 years)-120 days §9-24-6-7

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 or more serious violations (within 3 years)-120 days §9-24-6-7

1. ¹The department may also establish different maximum speed limits either (1) for different times of the day, (2) for various types vehicles, (3) for various weather conditions or (4) for other factors related to speed. §9-21-5-12(b)

2. ²However, such government cannot (1) decrease a maximum speed limit within an urban district to less than 20 MPH, (2) increase the maximum speed limit within an urban district to more than 55 MPH during the day or 50 MPH at night, (3) decrease the maximum speed limit outside an urban district to less than 30 MPH, (4) decrease the maximum speed limit in an alley to less than 5 MPH and (5) increase the maximum the speed limit in an alley to more than 30 MPH. §9-21-5-6(a) However, local government may establish a speed limit on a street located within a park or playground may be established at not less than 15 MPH. §9-21-5-6(e) In addition, a local government may also establish a speed limit of not less than 20 MPH on a State highway which is located in the immediate vicinity of a school. Such a limit is only in effect when children are present. §9-21-5-6(d)

3. ³An "oversized vehicle" is one which is either has (1) a width >8 feet, 6 inches, (2) a height >6 feet, 6 inches, or (3) a length >80 feet. §9-21-5-5

4. ⁴Point System. The point system is used by the licensing agency as a means aiding it in identifying persons who have committed traffic law violations and determining whether such person's license should be suspended for such offenses. The system does not establish a threshold point accumulation level that would automatically result in either license suspension or revocation. I. A person is placed on probation if they accumulate 12 points within 24 months (10 points within 24 months if under 18 years old) or 8 points within 1 year. II. A person is required to appear for an administrative hearing if they either (1) have accumulated 8 or more points prior to the start of the probationary period but where such points where not used to determine probationary status or (2) have accumulated 17 points. III. The following points have been assigned to speeding or speed related violations: 1 to 15 MPH over the speed limit-2 points; 16 to 25 MPH over the speed limit-4 points; over 25 MPH over the speed limit-6 points; minimum speed law violation-2 points; unsafe speed on bridge or elevated structure-4 points; speed contest-8 points; and, reckless driving-8 points. §9-14-2-2 and 140 IAC §§1-4.5-2, 1-4.5-4, 1-4.5-6, 1-4.5-7 & 1-4.5-10

5. ⁵In this State, reckless driving is defined as follows. I. Operating a vehicle at either a such high or low rate of speed such at to either endanger the safety or property of others or (2) blocks the proper flow of traffic. §9-21-8-52(a)(1) II. Passing a vehicle on a curve where vision is obstructed for a distance of <500 feet. §9-21-8-52(a)(2) III. Driving a vehicle in an out of a line of traffic except as otherwise permitted. §9-21-8-52(a)(3) IV. Speeding up or refusing to give half of the roadway to driver desiring to pass. overtake. §9-21-8-52(a)(4) V. Passing a school but when the arm signal device is in operation. §9-21-8-52(a)(5) VI. Operating a tractor-trailer so as to either endanger the safety or property of others or block the flow of traffic. §9-21-8-50

6. ⁶A person commits criminal recklessness if they operate a motor vehicle in such a manner as to create a substantial risk of bodily injury. §35-42-2-2(b)

7. ⁷A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §9-13-2-31

8. ⁸A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §9-24-6-6