Application of chapter; exception; inadvertent failure to maintain
financial responsibility
Sec. 1. (a) Except as provided in subsection (b), this chapter does
not apply to the following:
(1) A suspension of a driving license upon the failure of an
individual to file security or proof of financial responsibility
following an accident as required by or upon the failure of any
individual to satisfy a judgment for damages arising out of the
use of a motor vehicle on a public highway as provided for in
IC 9-25.
(2) When suspension is by reason of:
(A) physical, mental, or emotional instability;
(B) having caused serious bodily injury to or the death of
another person when operating a motor vehicle after
knowingly or intentionally failing to take prescribed
medication, the taking of which was a condition of the
issuance of the operator's restricted driver's license; or
(C) the applicant has been convicted of involuntary
manslaughter or reckless homicide as a result of an
automobile accident.
(3) A suspension of the license of an applicant whose license
has been previously suspended.
(4) A suspension of the license of an applicant who has failed
to use timely appeal procedures provided by the bureau.
(5) After June 30, 2005, a suspension of the license of an
applicant whose commercial driver's license has been
disqualified under 49 CFR 383.51 or other applicable federal or
state law, including an alcohol or a controlled substance
conviction under IC 9-30-5-4 or 49 CFR 391.15.
(b) A court may grant a petition for a restricted driving permit
from an individual who:
(1) received a request for evidence of financial responsibility
after:
(A) an accident under IC 9-25-5-2; or
(B) a conviction of a motor vehicle violation under
IC 9-25-9-1; and
(2) failed to provide proof of financial responsibility under
IC 9-25-6;
if the individual shows by a preponderance of the evidence that the
failure to maintain financial responsibility was inadvertent.
As added by P.L.2-1991, SEC.12. Amended by P.L.70-1992, SEC.1;
P.L.59-1994, SEC.2; P.L.219-2003, SEC.5; P.L.208-2003, SEC.14.
Last modified: May 27, 2006