Penalties based on number of convictions; certified copy of
judgment; notice to appear before department of revenue;
proceedings; suspension
Sec. 9. (a) A person who owns a motor vehicle and is convicted
the following number of times is subject to the following penalties:
(1) For five (5) times in a year of violating IC 9-20-4-1(a),
suspension for five (5) days from the use of the highways, and
if subject to the jurisdiction of the department of state revenue,
the person's permit, registration, certificate, or certificate of
authority issued by the department shall be suspended for the
same period of time on receipt by the department of certified
copies of the five (5) convictions. The suspension of the permit,
registration, certificate, or certificate of authority runs
concurrently.
(2) For ten (10) times in a year of violating IC 9-20-4-1(a),
suspension for ten (10) days from the use of the highways and
the person's permit, registration, certificate, or certificate of
authority issued by the department of state revenue under
IC 8-2.1 shall be suspended for the same period of time upon
receipt by the department of certified copies of the ten (10)
convictions. The suspension of the permit, registration,
certificate, or certificate of authority runs concurrently.
(3) For fifteen (15) times in a year of violating IC 9-20-4-1(a),
suspension for thirty (30) days from the use of the highways
and the person's permit, registration, certificate, or certificate of
authority issued by the department of state revenue under
IC 8-2.1 shall be suspended for the same period of time upon
receipt by the department of certified copies of the fifteen (15)
convictions. The suspension of the permit, registration,
certificate, or certificate of authority runs concurrently.
(4) For more than fifteen (15) times in a year of violating
IC 9-20-4-1(a), for each additional five (5) convictions in
excess of fifteen (15), suspension for five (5) days from the use
of the highways and the person's permit, registration, certificate,
or certificate of authority issued by the department of state
revenue under IC 8-2.1 shall be suspended for the same period
of time upon receipt by the department of certified copies of the
additional convictions. The suspension of the permit,
registration, certificate, or certificate of authority runs
concurrently.
(b) A court shall immediately, upon conviction of a person who
owns or operates a motor vehicle of violating IC 9-20-4-1(a), send
the bureau of the department of state revenue a certified copy of the
judgment of the court setting forth the following:
(1) The name of the person who owns the vehicle.
(2) The date of the violation.
(3) The amount of fine levied.
The bureau shall keep a record of all convictions in the bureau's
office.
(c) After the number of convictions has been certified to the
bureau of the department of state revenue, the bureau shall send by
certified mail to the person against whom the convictions have
accumulated a notice to appear before the department of state
revenue for the following purposes:
(1) To show cause why a suspension should not be assessed.
(2) To advise the person of a date on which the department will
conduct the hearing. The date must not be less than twenty (20)
days from the date of the sending of the certified letter.
The department shall conduct the proceeding in accordance with
IC 8-2.1.
(d) If after the proceeding the department of state revenue finds
that the permit, registration, certificate, or certificate of authority
should be suspended, the department shall do the following:
(1) Issue an order within thirty (30) days from the date of the
conclusion of the proceeding.
(2) Serve upon the person a certified copy of the order of
suspension by certified mail.
If the department finds that a suspension is not justified, the
department shall serve an order upon the person affected. All rights
of appeal from the orders of the department are subject to appeal as
provided by IC 8-2.1.
(e) If a private carrier not under the jurisdiction of the department
of state revenue is convicted under this article, the court shall
immediately certify the convictions to the bureau. The bureau shall
keep a record of the convictions in the same manner as provided for
the department of state revenue.
(f) After the number of convictions on a person operating as a
private carrier not under the jurisdiction of the department of state
revenue has been certified to the bureau, the bureau shall send by
certified mail to the person a notice to appear before the department
to show cause why the person should not have the suspensions
assessed. All provisions for the notice of the citation proceedings,
together with the rights of compelling the attendance of witnesses,
swearing of witnesses, taking testimony of witnesses, and of issuing
an order, are the same before the bureau for private carriers as are
provided before the department for public carriers, but the procedure
to govern the hearings is the same as other similar hearings.
As added by P.L.2-1991, SEC.8.
Last modified: May 27, 2006