Section 8-23-32-17 - Owner liability; rebuttable presumption; defenses(a) Except as provided in subsection (d), the owner of a motor vehicle identified through a worksite speed control system is liable for the civil penalty described in section 18 of this chapter for exceeding a worksite speed limit.(b) There is a rebuttable presumption that the owner of a motor vehicle that is the subject of a photograph or recorded image was operating the motor vehicle when the photograph or recorded image was obtained through a worksite speed control system.(c) The presumption under subsection (b) does not apply to an owner of a motor vehicle that is a motor vehicle rental company.(d) The owner of a motor vehicle may submit information as determined by the department to rebut the presumption created by subsection (b).(e) It is a defense under this section if any of the following apply:(1) The person receiving a notice of violation issued pursuant to this chapter: (A) was not the owner of the motor vehicle; or(B) was not driving the motor vehicle; at the time that the worksite speed limit was exceeded.
(2) The vehicle was reported stolen prior to the time that the worksite speed limit was exceeded and was not recovered prior to that time.(3) The worksite speed control system was not properly tested for accuracy, certification, or calibration.(4) Workers were not present in the worksite at the time that the worksite speed limit was exceeded.Added by P.L. 120-2023,SEC. 2, eff. 7/1/2023.