Current through November 6, 2024
Section 140 IAC 1-4.5-4 - Points accumulation retentionAuthority: IC 9-14-8-3
Affected: IC 4-21.5-3; IC 9-24-2-3
Sec. 4.
(a) Points assessed for any violation shall become inactive twenty-four (24) months after the disposition date of the violation.(b) A person accumulating twenty (20) or more active points, after any credit earned by completion of a driver safety program, within a twenty-four (24) month period shall receive a penalty corresponding to the number of active points. A person receiving a penalty under this section has the administrative review rights provided under IC 4-21.5-3. The penalties are as follows:(1) Fourteen (14) to eighteen (18) points will result in a warning notice from the bureau to the affected person.(2) Twenty (20) points will result in a one (1) month suspension.(3) Twenty-two (22) points will result in two (2) months suspension.(4) Twenty-four (24) points will result in three (3) months suspension.(5) Twenty-six (26) points will result in four (4) months suspension.(6) Twenty-eight (28) points will result in five (5) months suspension.(7) Thirty (30) points will result in six (6) months suspension.(8) Thirty-two (32) points will result in seven (7) months suspension.(9) Thirty-four (34) points will result in eight (8) months suspension.(10) Thirty-six (36) points will result in nine (9) months suspension.(11) Thirty-eight (38) points will result in ten (10) months suspension.(12) Forty (40) or more points will result in eleven (11) months suspension.(13) Forty-two (42) or more points will result in twelve (12) months suspension.(c) If, during any twelve (12) month period, a person has committed three (3) moving traffic offenses, the bureau may, upon written notice, require the person to submit to an administrative hearing.(d) The violation shall remain a part of the person's record even though, for purposes of this rule, the points assessed shall become inactive twenty-four (24) months after the disposition date.(e) If a court of competent jurisdiction vacates, dismisses, amends, or otherwise modifies a violation, the bureau shall within a reasonable period of time after receiving the abstract of court record modify the pending or existing excessive points suspension accordingly. Bureau of Motor Vehicles; 140 IAC 1-4.5-4; filed Nov 9, 1983, 3:41 p.m.: 7 IR 27; filed Sep 5, 1995, 12:00 p.m.: 19 IR 6; readopted filed Oct 17, 2001, 4:46 p.m.: 25 IR 902; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; filed Jun 17, 2013, 11:21 a.m.: 20130717-IR-140120377FRAFiled 11/16/2015, 12:44 p.m.: 20151216-IR-140150061FRA, eff 1/1/2016Readopted filed 5/6/2021, 9:11 a.m.: 20210602-IR-140210126RFAThis version of section effective January 1, 2016. See also preceding version of section, effective until January 1,