CHAPTER 25. INSPECTION OF COMMERCIAL BUSES USED IN ORGANIZATIONAL ACTIVITIES
IC 8-2.1-25
Chapter 25. Inspection of Commercial Buses Used in
Organizational Activities
IC 8-2.1-25-1
"Motor bus" defined
Sec. 1. As used in this chapter, "motor bus" means any motor
vehicle:
(1) weighing more than eleven thousand (11,000) pounds; and
(2) being operated in furtherance of a commercial enterprise.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-2
"Motor carrier" defined
Sec. 2. As used in this chapter, "motor carrier" has the meaning
set forth in IC 8-2.1-17-10.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-3
"Organization" defined
Sec. 3. As used in this chapter, "organization" means an entity that
is not an individual. The term includes a public or private school, a
business firm or corporation, a labor organization, a religious
organization, a political club, or any other type of association or
group of individuals.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-4
"Organizational activity" defined
Sec. 4. As used in this chapter, "organizational activity" means
any activity:
(1) that is sponsored, controlled, or supervised by an Indiana
public or private organization; and
(2) to, for, or from which a motor carrier will provide
transportation to the organization but not to the general public.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-5
Operation of motor bus; prohibitions
Sec. 5. A motor carrier may not operate or permit the operation of
a motor bus to transport a person to or from an organizational
activity for compensation unless the motor bus has been inspected
and meets the safety standards of this chapter within the twelve (12)
months preceding the date of the organizational activity.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-6
Inspections and safety standards; impoundment of motor bus;
notice to contractor
Sec. 6. (a) A motor bus has not been inspected and does not meet
the safety standards of this chapter unless the motor carrier certifies
to the state police department that the motor bus has:
(1) been inspected by:
(A) an employee of the motor carrier;
(B) an employee of the department;
(C) an employee of a certified third party inspector; or
(D) another individual;
who meets the requirements of 49 CFR 396.19, is certified by
the Commercial Vehicle Safety Alliance, or is certified as a
commercial motor vehicle technician by Automotive Service
Excellence; and
(2) met the inspection requirements of the federal motor carrier
safety regulations and this chapter.
(b) If the department determines that a motor carrier is not capable
of carrying out an inspection under subsection (a), the state police
department may:
(1) inspect a motor bus of the motor carrier; or
(2) request a compliance review of the safety management of
the motor carrier by the Federal Highway Administration, if the
carrier is an interstate carrier, or the motor carrier division of
the state police department, if the carrier is an intrastate carrier.
(c) Before a motor bus that has been out of service due to safety
violations may return to service, the state police department may
require a motor carrier to present the bus for inspection if the safety
violations were so severe as to call into question the maintenance
capability of the carrier. Upon notification by the carrier to the state
police department that the motor bus is ready to return to service, the
state police department may inspect the bus not more than two (2)
business days following the notification by the carrier. If the state
police department does not inspect the bus within two (2) business
days following the notification by the carrier, the carrier must have
the bus inspected by:
(1) an employee of the motor carrier;
(2) an employee of the department;
(3) an employee of a certified third party inspector; or
(4) another individual;
who meets the requirements of 49 CFR 396.19, is certified by the
Commercial Vehicle Safety Alliance, or is certified as a commercial
motor vehicle technician by Automotive Service Excellence.
(d) If a motor bus is found in operation without correction of the
safety violations that caused it to be placed out of service, the state
police department shall immediately impound the bus and the state
police department may request a compliance review of the safety
management of the motor carrier by the Federal Highway
Administration, if the carrier is an interstate carrier, or the motor
carrier division of the state police department, if the carrier is an
intrastate carrier.
(e) A motor carrier must notify a contractor for the use of a motor
bus for an organizational activity of the following:
(1) That the carrier will provide a motor bus that has been
inspected and meets federal safety inspection standards.
(2) The method by which the motor bus was inspected, whether
the method was self-inspection, state police department
inspection, or third-party inspection.
(3) That the contractor may call a toll free number to notify the
Indiana state police if the contractor has concerns about
operational safety problems during the trip or has reason to
believe that the motor bus is being operated in need of repair in
violation of federal motor safety regulations.
(f) The department must establish or maintain a toll free number
that a contractor described under subsection (e) may call to notify the
state police department about concerns regarding motor bus safety.
As added by P.L.86-1997, SEC.1. Amended by P.L.94-1998, SEC.1.
IC 8-2.1-25-7
Violations
Sec. 7. A motor carrier or bus driver who knowingly or
intentionally operates or permits to be operated a motor bus in
violation of this chapter commits a Class B misdemeanor.
As added by P.L.86-1997, SEC.1.
IC 8-2.1-25-8
Adoption of rules
Sec. 8. The state police department may adopt rules under
IC 4-22-2 to establish a certification program for third party
inspection of motor buses.
As added by P.L.94-1998, SEC.2.