in-20231101-IR-140230394FRA: Amends 140 IAC 6-1-2, 140 IAC 7-1.1-1, and 140 IAC 7-1.1-3 concerning the issuance of a driver's license, a permit, an identification card, and registrations and certificates of title for motor vehicles to an individual granted parole under 8 U.S.C. 1182(d)(5). Effective 30 days after filing with the publisher.

Final Rule LSA Document #23-394 DIGEST Sec. 2. (a) An individual's information and Social Security number presented to the bureau must match the information that the Social Security Administration has in its records for the Social Security number. An individual who is not a United States citizen must show proof of current lawful status or having been granted parole as defined in IC 9-13-2-121.5 in the United States by presenting sufficient evidence showing the individual meets the requirements of: (b) An applicant who purchased a vehicle and is unable to obtain a properly executed title for a vehicle that is valued at five thousand dollars ($5,000) or less may obtain a title by presenting all of the following items: Sec. 1. (a) The definitions in this section apply throughout this article. (b) "Bureau" has the meaning set forth in IC 9-13-2-16. (c) "CDL applicant" means any a person requesting a CDL, or renewal, reinstatement, or requalification thereof. (d) "CDL learner's permit" or "CLP" has the meaning set forth in 49 CFR 383.5*. (e) "CDL skills test" means the a bureau or a certified CDL skills test examiner administered examination of a CDL or CDL endorsement applicant's skills as required by 49 CFR 383*. (f) "Certified CDL skills test examiner" means a person who the bureau certifies and authorizes to administer a driving skills test to any a [sic, an] applicant for a CDL. (g) "Class" means a group as set forth in 49 CFR 383.91*. (h) "Commercial driver's license" or "CDL" has the meaning set forth in 49 CFR 383.5*. (i) "Commercial motor vehicle" or "CMV" has the meaning set forth in 49 CFR 383.5*. (j) "Commission" has the meaning set forth in IC 9-13-2-32. (k) "Commissioner" has the meaning set forth in IC 9-13-2-33. (l) "Core knowledge exam" means a written test designed to verify the an applicant's knowledge in the operation of a CMV as required by 49 CFR 383*. (m) "Disqualification" means any of the following actions: (n) "Driver's license" has the meaning set forth in IC 9-13-2-48. (o) "Endorsement" has the meaning set forth in 49 CFR 383.5*. (p) "Endorsement knowledge test" means a test designed to verify the an applicant's knowledge in the operation of a specific type of CMV as required by 49 CFR 383*. (q) "Full legal name" means, pursuant to 6 CFR 37.3*, an individual's: (r) "Gross combination weight rating" or "GCWR" has the meaning set forth in 49 CFR 383.5*. (s) "Gross vehicle weight rating" or "GVWR" has the meaning set forth in 49 CFR 383.5*. (t) "Incapacitated person" means an individual who: (u) "Lawful status" means a person who meets the requirements of: (v) (u) "License branch" means the commission's branch offices authorized to perform the functions and conduct the transactions pursuant to IC 9-14.1. (w) (v) "Mobile home" has the meaning set forth in IC 9-13-2-103.2. (x) (w) "Motorcycle" has the meaning set forth in IC 9-13-2-108. (y) (x) "Motorcycle learner's permit" means a bureau issued permit that entitles a person to operate a motorcycle on Indiana highways subject to Indiana laws and regulations. (z) (y) "Motorcycle license endorsement" means an authorization placed on an existing driver's license that authorizes a person to operate a motorcycle on Indiana highways. (aa) (z) "Motorcycle operational skills test" means the bureau approved standardized driving skills examination given by a state driver examiner or an approved examiner to determine whether a student has sufficient physical and mental ability to operate a motorcycle properly to qualify for a motorcycle license or motorcycle endorsement. (bb) (aa) "Operator's license" means the driver's license issued under IC 9-24-3. (cc) (bb) "Person" has the meaning set forth in IC 9-13-2-124. (dd) (cc) "Qualified jurisdiction" means a country specified in 49 CFR 383.23(b)(1)(n.1)*. (ee) (dd) "Residence" has the meaning set forth in IC 3-5-2-42.5. (ff) (ee) "Resident" has the meaning set forth in IC 9-13-2-78. (gg) (ff) "State" has the meaning set forth in IC 9-13-2-173. (hh) (gg) "State driver examiner" means a commission designated person whose duties include the administration of driving skills tests on the commission's behalf. (ii) (hh) "Visual screening" means an eye screening that the bureau administers to: *These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Bureau of Motor Vehicles, Indiana Government Center North, Fourth Floor, 100 North Senate Avenue, Indianapolis, Indiana IN 46204. Sec. 3. (a) Each applicant for an initial, renewed, and amended driver's license and identification card must submit qualified documents or information, or both, to the bureau to prove the applicant's identity, lawful status in the United States (U.S.), except for individuals granted parole as defined in IC 9-13-2-121.5, residence address, and Social Security number (SSN), or that the applicant does not qualify for an SSN, and that the applicant is an Indiana resident. An applicant for an initial driver's license includes an applicant who held an Indiana driver's license or identification card, became a non-Indiana resident, and then reestablished Indiana residency. For some requirements, the bureau may allow applicants to use one (1) or more qualified documents to satisfy more than one (1) of the requirements in this section. A U.S. citizen, as verified through bureau records or the applicant's documents, who applies for a renewed, replacement, or amended driver's license or identification card and who otherwise qualifies for a driver's license or identification card but does not comply with the documentation requirements in this section may receive a driver's license or identification card with a notation that the driver's license or identification card may not be accepted for federal identification purposes. The bureau will only allow an applicant's documents to serve as proof for the applicable requirement in this section if the documents meet the following requirements: (b) All applicants for an initial, renewed, or amended Indiana driver's license or identification card must comply with the requirements in this subsection one (1) time, except for non-U.S. citizens, as verified through bureau records or the applicant's documents, who must comply with the requirements in this subsection each time the applicant applies for an initial, renewed, or amended Indiana driver's license or identification card. An individual who has been granted parole as defined in IC 9-13-2-121.5, as verified through bureau records or the applicant's documents, may apply for an initial, renewed, or amended Indiana driver's license or identification card and must comply with the requirements in subjection (f) each time the applicant applies for an initial, renewed, or amended Indiana driver's license or identification card. This subsection does not apply to a U.S. citizen, as verified through bureau records or the applicant's documents, who applies for a renewed or amended driver's license or identification card with a notation that the driver's license or identification card may not be accepted for federal identification purposes. An applicant must show proof of the following: (c) Subject to the requirements in subsection (b), to receive a replacement or renewed Indiana driver's license or identification card, an applicant must do the following: (d) Subject to the requirements in subsection (b) or (f), to receive an amended Indiana driver's license or identification card, an applicant must do the following: (e) An applicant may petition the commissioner or the commissioner's designee to accept reasonable, authentic, and verifiable alternative documents upon the applicant proving that the applicant is reasonably unable to meet the requirements in this section. However, non-U.S. citizens, as verified through bureau records or the applicant's documents, may not use alternate documents to demonstrate lawful status or evidence of having been granted parole as defined in IC 9-13-2-121.5. (f) An individual who has been granted parole as defined in IC 9-13-2-121.5, as verified through bureau records or the applicant's documents, may apply for an initial, renewed, or amended Indiana driver's license or identification card and must show proof of the following: