Sec. 1. This chapter applies to a part of a road or bridge on the interstate system (as defined in IC 8-23-1.1-24) or a U.S. route.
As added by P.L.120-2023, SEC.2. Amended by P.L.145-2026, SEC.42.
Sec. 3. As used in this chapter, "motor vehicle rental company" means a person that routinely engages in the business of renting motor vehicles for periods of not more than thirty (30) days.
As added by P.L.120-2023, SEC.2.
Sec. 4. As used in this chapter, "owner" means a person in whose name a motor vehicle is registered under any of the following:
(1) IC 9-18.1.
(2) The law of another state.
(3) The law of a foreign country.
(4) The International Registration Plan.
As added by P.L.120-2023, SEC.2.
Sec. 5. As used in this chapter, "pilot program" means the worksite speed control pilot program established under section 10 of this chapter.
As added by P.L.120-2023, SEC.2.
Sec. 7. As used in this chapter, "worksite speed control system" means a photographic device, radar device, laser device, or other electrical or mechanical device or devices designed to:
(1) record the speed of a motor vehicle; and
(2) obtain a clear photograph or other recorded image of the rear of the motor vehicle and the license plate affixed to the motor vehicle at the time the recorded speed of the motor vehicle exceeds a worksite speed limit.
As added by P.L.120-2023, SEC.2.
Sec. 8. As used in this chapter, "worksite speed control system operator" means a person described in section 13 of this chapter.
As added by P.L.120-2023, SEC.2.
Sec. 9. As used in this chapter, "worksite speed limit" means a temporary speed limit established by:
(1) the department;
(2) the Indiana finance authority; or
(3) a local unit in the vicinity of a worksite;
under IC 9-21-5-11.
As added by P.L.120-2023, SEC.2.
Sec. 10. (a) The department shall establish the worksite speed control pilot program for the purpose of enforcing worksite speed limits.
(b) The department shall work in coordination with the state police department to administer the pilot program.
(c) The department and the state police department shall enter into an agreement to share information regarding the pilot program.
(d) The department may enter into an agreement with a third party vendor to assist in the administration of the pilot program.
As added by P.L.120-2023, SEC.2.
Sec. 11. (a) The department shall operate a worksite speed control system installed under this chapter only when:
(1) highway construction or maintenance is occurring; and
(2) workers are present;
at a worksite.
(b) The department may purchase not more than four (4) worksite speed control systems under the pilot program.
(c) The department may operate and monitor not more than four (4) worksites in a single calendar year.
(d) Before installing a worksite speed control system, the department shall do the following:
(1) Conduct a public information campaign to inform drivers about the use of a worksite speed control system to detect speeds in excess of a worksite speed limit.
(2) Post signs indicating that worksite speed limits are monitored by a worksite speed control system before the entrance to a worksite in which a worksite speed control system is in use.
As added by P.L.120-2023, SEC.2.
Sec. 12. (a) A worksite speed control system must undergo an annual calibration check performed by an independent calibration laboratory.
(b) The independent calibration laboratory performing the annual calibration check required under subsection (a) shall issue a certificate of calibration to the department for the worksite speed control system as proof that:
(1) the annual calibration check was performed; and
(2) the worksite speed control system is accurately calibrated.
As added by P.L.120-2023, SEC.2.
Ind. Code § 8-23-32-13 Worksite speed control system operators; qualifications; training
Sec. 13. (a) The department shall employ worksite speed control system operators to operate a worksite speed control system at a worksite.
(b) A worksite speed control system operator must be:
(1) an employee of the department or a police officer employed by the state police department; and
(2) trained and certified to operate a worksite speed control system under subsection (c).
(c) A worksite speed control system operator must complete training by the manufacturer of the worksite speed control system in the procedures for:
(1) deploying;
(2) testing; and
(3) operating;
a worksite speed control system.
(d) The manufacturer of the worksite speed control system shall issue a certificate of training to a worksite speed control system operator upon the successful completion of the training required under subsection (c).
As added by P.L.120-2023, SEC.2.
Sec. 14. A worksite speed control system operator shall complete a daily log for the worksite speed control system that contains the following:
(1) The location of the worksite where the worksite speed control system is deployed.
(2) The date and time when workers are present at the worksite.
(3) The location within the worksite where workers are present.
(4) A statement that:
(A) the worksite speed control system operator successfully performed; and
(B) the device passed;
the tests of the worksite speed control system specified by the manufacturer before producing a photograph or recorded image.
(5) The signature of the worksite speed control system operator.
As added by P.L.120-2023, SEC.2.
Ind. Code § 8-23-32-15 Photographs and recorded images; evidence of violation of chapter; destruction
Sec. 15. (a) A worksite speed control system may not be used to take a photograph or recorded image of the front of a motor vehicle.
(b) A photograph or recorded image of the front of a motor vehicle obtained through the use of a worksite speed control system may not be used as evidence of a violation under this chapter.
(c) The information and recorded images collected under the pilot program are confidential under IC 5-14-3.
(d) Except as otherwise provided in this section, information and photographs or recorded images collected under the pilot program are not discoverable by court order as evidence in a proceeding except to assess a penalty under section 18 of this chapter.
(e) Information and a photograph or recorded image collected under the pilot program must be destroyed not later than two (2) years after the date the information and photograph or recorded image is collected.
(f) Notwithstanding any other provision of law, information and photographs or recorded images collected under the pilot program are the exclusive property of the state of Indiana and not the property of the manufacturer or vendor of the worksite speed control system.
As added by P.L.120-2023, SEC.2.
Ind. Code § 8-23-32-16 Photographs and recorded images; evidence of traffic offense; prohibited disclosures
Sec. 16. (a) Except as otherwise provided by this chapter, use of a photograph or recorded image obtained through the use of a worksite speed control system for the purpose of enforcing a traffic offense (as defined in IC 9-13-2-183) is prohibited.
(b) A photograph or recorded image obtained through the use of a worksite speed control system may not be used as evidence in any action other than the action to collect a worksite speed limit civil penalty for which the photograph or recorded image was obtained.
(c) A photograph or recorded image obtained through the use of a worksite speed control system may be used internally to administer the pilot program. However, unless authorized by court order, a photograph or recorded image obtained through the use of a worksite speed control system may not be disclosed to anyone other than:
(1) the owner of the motor vehicle at the time the recorded speed of the motor vehicle exceeded a worksite speed limit;
(2) an individual alleged to have been operating the motor vehicle at the time the worksite speed limit was exceeded as described in subdivision (1);
(3) an attorney representing an individual described in subdivision (1) or (2);
(4) a law enforcement officer;
(5) the department;
(6) a person administering the worksite speed control system; and
(7) the court in a proceeding for judicial review under IC 4-21.5.
As added by P.L.120-2023, SEC.2.
Sec. 17. (a) Except as provided in subsection (d), the owner of a motor vehicle identified through a worksite speed control system is liable for the civil penalty described in section 18 of this chapter for exceeding a worksite speed limit.
(b) There is a rebuttable presumption that the owner of a motor vehicle that is the subject of a photograph or recorded image was operating the motor vehicle when the photograph or recorded image was obtained through a worksite speed control system.
(c) The presumption under subsection (b) does not apply to an owner of a motor vehicle that is a motor vehicle rental company.
(d) The owner of a motor vehicle may submit information as determined by the department to rebut the presumption created by subsection (b).
(e) It is a defense under this section if any of the following apply:
(1) The person receiving a notice of violation issued pursuant to this chapter:
(A) was not the owner of the motor vehicle; or
(B) was not driving the motor vehicle;
at the time that the worksite speed limit was exceeded.
(2) The vehicle was reported stolen prior to the time that the worksite speed limit was exceeded and was not recovered prior to that time.
(3) The worksite speed control system was not properly tested for accuracy, certification, or calibration.
(4) Workers were not present in the worksite at the time that the worksite speed limit was exceeded.
As added by P.L.120-2023, SEC.2.
Sec. 18. (a) This section does not apply to a person who has been charged with an infraction for a violation of IC 9-21-5-11.
(b) The department shall assess a civil penalty against a person who exceeds a worksite speed limit if the worksite speed control system indicates that the operator of a motor vehicle has exceeded the worksite speed limit by at least eleven (11) miles per hour.
(c) A person who exceeds a worksite speed limit that is detected under this chapter is subject to the following civil penalties:
(1) A written warning for the first violation.
(2) A civil penalty of seventy-five dollars ($75) for the second violation.
(3) A civil penalty of one hundred fifty dollars ($150) for the third and each subsequent violation.
(d) A civil penalty collected under this section shall be deposited in the state general fund.
(e) A person assessed a civil penalty under this section is not liable for an infraction for a violation of IC 9-21-5-11.
As added by P.L.120-2023, SEC.2.
Sec. 19. IC 4-21.5 applies to:
(1) a determination;
(2) a notice;
(3) a hearing; and
(4) an appeal;
under this chapter.
As added by P.L.120-2023, SEC.2.
Sec. 20. (a) Not later than November 1 of each year, the department must submit a report to the interim study committee on roads and transportation established by IC 2-5-1.3-4 that includes the following:
(1) The number of motor vehicle accidents and related serious injuries and deaths that occurred in each worksite where a worksite speed control system was operated.
(2) Data related to the speed of motor vehicles traveling through a worksite where a worksite speed control system was operated.
(3) The number of violations issued in a worksite where a worksite speed control system was operated.
(4) The amount of fines imposed for violations occurring in a worksite where a worksite speed control system was operated.
(b) Not later than July 1, 2028, the department must submit a report to the interim study committee on roads and transportation established by IC 2-5-1.3-4 that provides a summary of the impact of the use of worksite speed control systems in worksites.
(c) A report under this section must be submitted in an electronic format under IC 5-14-6.
As added by P.L.120-2023, SEC.2. Amended by P.L.9-2024, SEC.308.
Sec. 21. The department may adopt rules under IC 4-22-2 to:
(1) establish procedures for notices, hearings, and appeals under this chapter consistent with IC 4-21.5; and
(2) implement this chapter.
As added by P.L.120-2023, SEC.2.