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9-21-12-1. Arm signal device extended; duty; penalty; license suspension; presumption

IN Code § 9-21-12-1 (2019) (N/A)
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Sec. 1. (a) A person who drives a vehicle that:

(1) meets or overtakes from any direction a school bus stopped on a roadway or a private road and is not stopped before reaching the school bus when the arm signal device specified in IC 9-21-12-13 is in the device's extended position; or

(2) proceeds before the arm signal device is no longer extended;

commits a Class A infraction.

(b) In addition to any other penalty imposed under this section, the court may suspend the person's driving privileges:

(1) for ninety (90) days; or

(2) if the person has committed at least one (1) previous offense under this section or IC 9-21-8-52(b), for one (1) year.

(c) This section is applicable only if the school bus is in substantial compliance with the markings required by the state school bus committee.

(d) There is a rebuttable presumption that the owner of the vehicle involved in the violation of this section committed the violation. This presumption does not apply to the owner of a vehicle involved in the violation of this section if the owner routinely engages in the business of renting the vehicle for periods of thirty (30) days or less.

[Pre-1991 Recodification Citation: 9-4-1-123(a); (b). Pre-2007 Recodification Citation: 20-9.1-5-14.]

As added by P.L.2-1991, SEC.9. Amended by P.L.127-1993, SEC.2; P.L.1-2005, SEC.104; P.L.217-2014, SEC.52; P.L.144-2019, SEC.3.

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9-21-12-1. Arm signal device extended; duty; penalty; license suspension; presumption