Section 9-21-4-7 - Designation or determination of the location of, necessity for, and extent of traffic control devices; order of department of transportation; violation; trial; certification of order; permits(a) Whenever, under this article, the Indiana department of transportation designates or determines the location of, necessity for, and extent of: (1) traffic control devices;(2) state speed limits, other than maximum limits;(3) speed limits on elevated structures;(6) certain lanes for slow moving traffic;(7) course of turning movements at intersections;(8) dangerous railroad crossings requiring stops;(9) through highways and stop intersections;(11) restrictions on the use of highways for certain periods or for certain vehicles, including low speed vehicles; the designation or determination shall be by order of the commissioner of the Indiana department of transportation and shall, except for subdivision (1), be evidenced by official signs or markings under this article. The commissioner of the Indiana department of transportation may designate an order adopted under this subsection as a rule and adopt the order as a rule under IC 4-22-2.
(b) At a trial of a person charged with a violation of the restrictions imposed by subsection (a) and in all civil actions, oral evidence of the location and content of the signs or markings is prima facie evidence of the adoption and application of the restriction by the Indiana department of transportation and the validity of the adoption and application of the restriction. The Indiana department of transportation shall, upon request by a party in an action at law, furnish, under the seal of the Indiana department of transportation, a certification of the order establishing the restriction in question. A certification under this subsection shall be accepted by any court as conclusive proof of the designation or determination by the commissioner of the Indiana department of transportation. Certified copies shall be furnished without cost to the parties to a court action involving the restriction upon request.(c) Whenever, under this article, a permit or permission of the Indiana department of transportation is required, the permit must be in writing and under the seal of the Indiana department of transportation.Pre-1991 Recodification Citation: 9-4-1-125(e).
Amended by P.L. 93-2024,SEC. 96, eff. 7/1/2024.Amended by P.L. 140-2013, SEC. 11, eff. 5/2/2013.As added by P.L. 2-1991, SEC.9. Amended by P.L. 21-2003, SEC.7.