Indiana House Bill 1340 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Republican 3-1)
Status: Introduced on January 14 2019 - 25% progression, died in committee
Action: 2019-01-28 - Representative Bauer added as coauthor
Pending: House Roads and Transportation Committee
Text: Latest bill text (Introduced) [PDF]

Motor vehicle safety. Defines "critical work zone" as an area within a highway work site that is demarcated by signage and in which: (1) the normal lane path is offset, the road surface is significantly disturbed, or machinery is located; and (2) workers are present. Restricts use of an automated traffic enforcement safety device by certain governmental entities to detection or recording of: (1) violations of reduced speed limits in critical work zones; (2) failure by a driver to pay a required toll at a toll collection facility; and (3) failure to comply with school bus stop arm regulations; and provides that the images captured by the automated traffic enforcement safety device are not public records and must be destroyed after a certain amount of time. Provides that certain entities may enforce reduced speed limits in highway worksites without first conducting an engineering study if: (1) workers are present in the immediate vicinity of the highway worksite; and (2) the highway worksite is demarcated by proper signage. Provides that workers need not be present for purposes of certain traffic offenses in highway work zone areas that are not critical work zones. Amends regulations regarding use of a cell phone or other electronic communication device while driving as follows: (1) Expands the list of devices to which the regulations apply. (2) Prohibits: (A) holding or handling an electronic communications device; or (B) viewing, recording, or broadcasting images or video; while operating a motor vehicle. (3) Adds types and uses of devices that are excepted from the regulations. (4) Adds violation of the regulations to the offenses for which a driver may be a habitual violator. Provides that certain governmental entities may enter into agreements with third parties to administer camera enforcement of: (1) reduced speed limits in critical work zones; and (2) school bus stop arm regulations; subject to certain conditions. Provides for a rebuttable presumption that the owner of a vehicle is the person operating the vehicle at the time the vehicle is photographed violating a regulation enforced by camera enforcement. Provides: (1) for civil penalties that may be assessed; and (2) that points may not be assessed under the bureau of motor vehicles' point system; for violations of regulations enforced by camera enforcement. Requires: (1) a penalty collected for a violation of a highway worksite speed limit enforced by camera enforcement to be deposited in the spinal cord and brain injury fund; and (2) 25% of the amount of a civil penalty collected for a violation of a school bus stop arm violation that is enforced by camera enforcement to be deposited in the school operations fund of the school corporation in which the violation occurred and used for funding school bus arm signal device cameras. Provides that a school bus driver: (1) may not pick up or drop off a student at a location that requires the student to cross: (A) a state highway; (B) a county arterial highway; or (C) a municipal arterial street; and (2) must pick up and drop off students as close as is practicable to the right-hand curb or edge of any other type of roadway. Provides that a school bus driver who knowingly or intentionally violates these pick up and drop off provisions commits a Class D infraction. Provides that failure by a school bus driver to conduct a required inspection for students or passengers remaining on a school bus at the end of a trip is a Class D infraction.

Motor vehicle safety. Defines "critical work zone" as an area within a highway work site that is demarcated by signage and in which: (1) the normal lane path is offset, the road surface is significantly disturbed, or machinery is located; and (2) workers are present. Restricts use of an automated traffic enforcement safety device by certain governmental entities to detection or recording of: (1) violations of reduced speed limits in critical work zones; (2) failure by a driver to pay a required toll at a toll collection facility; and (3) failure to comply with school bus stop arm regulations; and provides that the images captured by the automated traffic enforcement safety device are not public records and must be destroyed after a certain amount of time. Provides that certain entities may enforce reduced speed limits in highway worksites without first conducting an engineering study if: (1) workers are present in the immediate vicinity of the highway worksite; and (2) the highway worksite is demarcated by proper signage. Provides that workers need not be present for purposes of certain traffic offenses in highway work zone areas that are not critical work zones. Amends regulations regarding use of a cell phone or other electronic communication device while driving as follows: (1) Expands the list of devices to which the regulations apply. (2) Prohibits: (A) holding or handling an electronic communications device; or (B) viewing, recording, or broadcasting images or video; while operating a motor vehicle. (3) Adds types and uses of devices that are excepted from the regulations. (4) Adds violation of the regulations to the offenses for which a driver may be a habitual violator. Provides that certain governmental entities may enter into agreements with third parties to administer camera enforcement of: (1) reduced speed limits in critical work zones; and (2) school bus stop arm regulations; subject to certain conditions. Provides for a rebuttable presumption that the owner of a vehicle is the person operating the vehicle at the time the vehicle is photographed violating a regulation enforced by camera enforcement. Provides: (1) for civil penalties that may be assessed; and (2) that points may not be assessed under the bureau of motor vehicles' point system; for violations of regulations enforced by camera enforcement. Requires: (1) a penalty collected for a violation of a highway worksite speed limit enforced by camera enforcement to be deposited in the spinal cord and brain injury fund; and (2) 25% of the amount of a civil penalty collected for a violation of a school bus stop arm violation that is enforced by camera enforcement to be deposited in the school operations fund of the school corporation in which the violation occurred and used for funding school bus arm signal device cameras. Provides that a school bus driver: (1) may not pick up or drop off a student at a location that requires the student to cross: (A) a state highway; (B) a county arterial highway; or (C) a municipal arterial street; and (2) must pick up and drop off students as close as is practicable to the right-hand curb or edge of any other type of roadway. Provides that a school bus driver who knowingly or intentionally violates these pick up and drop off provisions commits a Class D infraction. Provides that failure by a school bus driver to conduct a required inspection for students or passengers remaining on a school bus at the end of a trip is a Class D infraction.

Rep. Jim Pressel [R]

Rep. Edmond Soliday [R]

Rep. Donna Schaibley [R]

Rep. Patrick Bauer [D]

Date	Chamber	Action
2019-01-28	House	Representative Bauer added as coauthor
2019-01-14	House	First reading: referred to Committee on Roads and Transportation
2019-01-14	House	Coauthored by Representatives Soliday and Schaibley
2019-01-14	House	Authored by Representative Pressel

Type	Source
Summary	https://iga.in.gov/legislative/2019/bills/house/1340/details
Text	http://iga.in.gov/static-documents/0/1/9/d/019ddc28/HB1340.01.INTR.pdf