Designation or determination of the location of, necessity for, and
extent of traffic control devices; order of department of
transportation; violation; trial; certification of order; permits
Sec. 7. (a) Whenever, under this article, the Indiana department of
transportation designates or determines the location of, necessity for,
and extent of:
(1) traffic control devices;
(2) state speed limits, other than maximum limits;
(3) speed limits on elevated structures;
(4) no passing zones;
(5) one-way roadways;
(6) certain lanes for slow moving traffic;
(7) course of turning movements at intersections;
(8) dangerous railroad crossings requiring stops;
(9) through highways and stop intersections;
(10) angle parking; or
(11) restrictions on the use of highways for certain periods or
for certain vehicles, including low speed vehicles;
the designation or determination shall be by order of the
commissioner of the Indiana department of transportation and shall,
except for subdivision (1), be evidenced by official signs or markings
under this article.
(b) At a trial of a person charged with a violation of the
restrictions imposed by subsection (a) and in all civil actions, oral
evidence of the location and content of the signs or markings is prima
facie evidence of the adoption and application of the restriction by
the Indiana department of transportation and the validity of the
adoption and application of the restriction. The Indiana department
of transportation shall, upon request by a party in an action at law,
furnish, under the seal of the Indiana department of transportation,
a certification of the order establishing the restriction in question. A
certification under this subsection shall be accepted by any court as
conclusive proof of the designation or determination by the
commissioner of the Indiana department of transportation. Certified
copies shall be furnished without cost to the parties to a court action
involving the restriction upon request.
(c) Whenever, under this article, a permit or permission of the
Indiana department of transportation is required, the permit must be
in writing and under the seal of the Indiana department of
transportation.
As added by P.L.2-1991, SEC.9. Amended by P.L.21-2003, SEC.7.
Last modified: May 27, 2006