Introduced Version
HOUSE BILL No. 1275
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-2.1-22.
Synopsis: Uninsured motorist coverage for contract carriers. Requires
uninsured and underinsured motorist coverage of at least $1,000,000
per passenger for a contract carrier that transports employees in the
course of the employee's employment. Requires a rail carrier that
contracts with a contract carrier for the transportation of employees of
the rail carrier to verify that the contract carrier has the minimum
uninsured and underinsured motorist coverage.
Effective: July 1, 2024.
Gore, Miller K, Fleming
January 9, 2024, read first time and referred to Committee on Roads and Transportation.
2024 IN 1275—LS 6840/DI 141 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1275
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-2.1-22-2.1 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) This chapter
3 does not apply to the following:
4 (1) Motor vehicles used as school buses while engaged in the
5 transportation of students, under the supervision, control, and
6 direction of school authorities.
7 (2) Motor vehicles used exclusively as taxicabs.
8 (3) Motor vehicles while being used or operated under the
9 control, direction, and supervision of:
10 (A) the United States government, the state, or a political
11 subdivision; or
12 (B) the board of trustees of any state institution.
13 (4) Motor vehicles that are used to provide limited transportation
14 services in conjunction with the operation of a hotel, campground,
15 or food service facility but are not used as a common carrier. For
16 the purpose of this subdivision, compensation for housing,
17 camping, or food combined with transportation is not
2024 IN 1275—LS 6840/DI 141 2
1 transportation by motor vehicle for compensation. However,
2 transportation may not be performed for any person if, at the point
3 of origin or within twenty-five (25) miles of that point, there is an
4 equipment point as shown by a proper tariff of a carrier of
5 passengers in Indiana that operates special or charter bus service
6 under the jurisdiction of the department. Exemption from this
7 chapter is not available under this subdivision unless the motor
8 vehicles in question are provided with proof of financial
9 responsibility of the type and in amounts as required of common
10 carriers under IC 8-2.1-22-46.
11 (5) Motor vehicles that are used to provide regular route intercity
12 passenger service.
13 (6) Motor vehicles that are used primarily for van pooling or other
14 ride-sharing programs on a nonprofit basis.
15 (7) Motor vehicles that are used to provide transportation of
16 passengers by a nonprofit corporation if that corporation receives
17 revenue for the transportation service from federal, state, or local
18 governments.
19 (8) Except as provided in section 46(b) of this chapter, a motor
20 vehicle that:
21 (A) has a capacity of not less than seven (7) or more than forty
22 (40) persons;
23 (B) is used to transport employees, including the driver,
24 exclusively between their homes and their employer's place of
25 business, or termini near those places, in a single daily round
26 trip; and
27 (C) is owned or leased by an employer providing commuter
28 van service, which means any person who provides or operates
29 at least one (1) of those vehicles on a nonprofit basis, and
30 whose service does not infringe upon or compete with any
31 service that is provided by any common carrier regulated by
32 the department.
33 (9) Motor vehicles certified as ambulances by the Indiana
34 emergency medical services commission under IC 16-31.
35 (10) The casual, occasional, or reciprocal transportation of
36 household effects or furniture for compensation, not including the
37 transportation for hire of new household effects or furniture to or
38 from a factory, warehouse, or store, by a person who:
39 (A) does not otherwise engage in the described transportation
40 for compensation;
41 (B) is not required under this chapter to hold a certificate or
42 permit to engage in transportation or operation for hire; or
2024 IN 1275—LS 6840/DI 141 3
1 (C) does not profess to engage in the business of transporting
2 household effects or furniture for hire.
3 (b) This chapter does not apply to a limousine while the limousine
4 is being used to transport at least one (1) person:
5 (1) from a place of departure; and
6 (2) to a destination;
7 within the corporate boundaries of a city or town if the legislative body
8 of the city or town has adopted an ordinance under IC 36-9-2-4 that
9 takes effect after July 1, 1991, and that regulates limousines within the
10 corporate boundaries of the city or town.
11 SECTION 2. IC 8-2.1-22-46, AS AMENDED BY P.L.208-2018,
12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 46. (a) Notwithstanding any other provision of this
14 chapter, common and contract carriers and other carriers engaged in
15 the transportation of passengers or household goods for hire, over
16 regular or irregular routes, whether operating pursuant to a certificate
17 or permit or as an exempt carrier under section 2.1(5) of this chapter,
18 shall file with the department proof of financial responsibility in the
19 form of surety bonds or policies of insurance or shall qualify as a
20 self-insured. The minimum level of financial responsibility required
21 shall be as follows:
22 (1) Except as provided in subdivision (2), the minimum level
23 established under 49 U.S.C. 13906(a)(1).
24 (2) For contract carriers that transport railroad employees, at least
25 five million dollars ($5,000,000).
26 (b) A contract carrier that transports employees in the course
27 of the employee's employment shall file with the department proof
28 of uninsured and underinsured motorist coverage in an amount of
29 at least one million dollars ($1,000,000) per passenger.
30 (c) A rail carrier that contracts with a contract carrier for the
31 transportation of employees of the rail carrier in the course of the
32 employee's employment shall verify that the contract carrier has
33 the minimum uninsured and underinsured motorist coverage
34 required by subsection (b).
35 (b) (d) A person who violates this section commits a Class C
36 infraction. However, the offense is a Class A misdemeanor if the
37 person has a prior unrelated judgment for violating this section.
38 (c) (e) In addition to any other penalty imposed upon a person for a
39 conviction of a Class A misdemeanor under subsection (b), (d), the law
40 enforcement agency may impound the vehicles owned by the person.
41 Unless the vehicle is impounded or forfeited under a law other than this
42 section, the vehicle shall be released to the carrier when the carrier
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1 complies with this section.
2024 IN 1275—LS 6840/DI 141