Indiana Department of Transportation Docket 24-85 Notice

in-20240228-IR-105240085FNA: WORKSITE SAFETY AUTOMATED ENFORCEMENT PROGRAM

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Summary

(b) The presumption under subsection (a) may be overcome if the owner of the motor vehicle is able to prove by clear and convincing evidence they were not operating the motor vehicle through the worksite at the time the photograph or recorded image was obtained. (b) After the period stated or ordered in subsection (a), the department shall retain the following statistical information:

The agency’s own summary, as published.

The rule, in full

330 words as published, February 28, 2024. View the original →

Notice of First Public Comment Period LSA Document #24-85 Sec. 1. The definitions in this rule apply throughout this article. Sec. 2. "Citation" means a notice of violation of the worksite speed limit and assessment of a civil penalty issued by the Indiana department of transportation for a traffic violation, which requires the owner to respond. Sec. 3. "Motor vehicle" has the meaning set forth in IC 9-13-2-105(a). Sec. 4. "Owner" has the meaning set forth in IC 8-23-32-4. Sec. 5. "Worksite" means a location or an area on which a: Sec. 1. (a) An owner of a motor vehicle may rebut the presumption that they were operating the motor vehicle through a worksite at the time a photograph or recorded image was obtained through a worksite speed control system if any of the following apply: (b) The presumption under subsection (a) may be overcome if the owner of the motor vehicle is able to prove by clear and convincing evidence they were not operating the motor vehicle through the worksite at the time the photograph or recorded image was obtained. Sec. 2. If a motor vehicle is owned by more than one (1) person, a citation shall be sent to each registered owner of the motor vehicle. If the owner or owners provide documentation or evidence under section 1(a), each joint owner operator of the motor vehicle at the time the worksite speed limit was exceeded shall be responsible for the citation. Sec. 1. The Indiana department of transportation may operate and monitor not more than four (4) worksites at any given time in a single calendar year. Sec. 1. (a) The Indiana department of transportation (department) shall destroy personal identifying information and photographs or recorded images collected under the pilot program not later than two (2) years after the date the information and photographs or recorded images are collected unless: (b) After the period stated or ordered in subsection (a), the department shall retain the following statistical information:

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