A law that had been on the Indiana books as a misdemeanor, and was inadvertently removed, has been reinstated as a class “C” infraction.Beginning July 1^st, 2016, IC 9-26-1-1.2 is added to the Indiana Code as a new section and states, “If, after an operator of a motor vehicle is involved in an accident, the operator’s motor vehicle comes to a stop in the traveled portion of the highway, the operator shall, as soon as safely possible, move the motor vehicle off the traveled portion of the highway and to a location as close to the accident as possible.

However, the operator of the motor vehicle shall not move the motor vehicle if the accident involves the transportation of hazardous materials or results in the injury or death of a person or the entrapment of a person in a vehicle.”

The previous law only applied to interstate highways. The reinstated law applies to all government maintained roadways.

The intent of the law is to safely remove traffic hazards from the roadway so as to reduce secondary crashes, especially on multi lane highways, that are often more severe and result in more injuries than the original crash.

Also, this law ensures that motorists have statutory backing when they move their vehicles. Many times insurance companies tell their clients not to move their vehicle after it has been involved in a crash, even if it’s only a property damage crash, until law enforcement arrives.

Information from IN-Time, Indiana’s Traffic Incident Management Effort, states that for every minute that a freeway travel is blocked during a peak travel period, four minutes of travel delay results after the incident is cleared.

Their statistics reveal the following:

• Crashes that result from other incidents (secondary) are estimated to be 22% of all crashes.
• Chances of a secondary crash increase by 2.8% for each minute the primary incident is not cleared.
• 18% of secondary crashes result in fatal injuries.
• In 2008, 21% of Indiana’s crashes showed vehicles “slowed or stopped” in traffic. A secondary crash.

Past records indicate neither a ticket nor arrest was issued while the law was a misdemeanor and authorities do not anticipate tickets being issued under the reinstated law, except in rare circumstances.

“Our intent is to educate the public that if they are involved in a property damage crash, they have a statutory requirement to remove their vehicles from the roadway,” stated Indiana State Police Superintendent Doug Carter.

“The Indiana State Police will utilize traditional media and social media to inform the public of this reinstated law which is designed to remove hazards and keep traffic moving safely on Indiana highways.”

Included below is the reinstated statue IC- 9-26-1-1.2.

SECTION 2. IC 9-26-1-1.2 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY

1, 2016]: Sec. 1.2. (a) If, after an operator of a motor vehicle is involved in an accident, the operator’s motor vehicle comes to a stop in the traveled portion of a highway, the operator shall, as soon as safely possible, move the motor vehicle off the traveled portion of the highway and to a location as close to the accident as possible. However, the operator shall not move the motor vehicle if the accident:

(1) involves the transportation of hazardous materials; or

(2) results in injury or death of a person or the entrapment of a person in a vehicle.

A person who violates this subsection commits a Class C infraction.

The Indiana State Police, in partnership with the Governor’s Council on Impaired & Dangerous Driving and the Indiana Criminal Justice Institute (ICJI), would like to remind all Indiana motorists to celebrate July Fourth responsibly by driving sober and safe.

“Lower gas prices this long 4^th of July weekend likely means even more people will be traveling by car over the holiday weekend,” said Indiana State Police Superintendent Doug Carter. “For this reason the state police will have additional patrols looking for impaired and aggressive drivers, as well as people that are not using their seatbelts.  So, if you choose to drink and drive, expect to spend most of your weekend behind bars.”

During the 2015 July Fourth holiday period (6:00 p.m., July 3 through 5:59 a.m., July 6), there were 964 traffic collisions in Indiana. Of those, 64 were alcohol-related, with 73 percent involving a driver with a blood alcohol content (BAC) of 0.08 or greater. In total, there were 43 injuries and 2 deaths as a result of alcohol-related crashes.

“Crashes due to impaired driving are an unnecessary reality we can all prevent,” said Council Chair Todd Meyer. “By looking out for ourselves and one another, we can work together to keep each and every motorist safe this July Fourth.”

The Indiana State Police, the Governor’s Council, and ICJI would like to remind motorists that crashes and deaths resulting from impaired driving can be prevented with the following precautions:

·         Before the celebration begins, plan a safe way home

·         Do not drive or ride impaired

·         If you do drink, use a taxi, public transportation, ridesharingservice or designate a sober friend or family member and give them your keys

·         If you see a drunk driver on the road, call 911

·         If you know someone who is about to drive or ride impaired, take their keys and help make arrangements to get them home safely

For more information on Indiana’s efforts on impaired driving prevention and enforcement, please visit: http://www.in.gov/cji/2354.htm.