Sec. 2. (a) Except as provided in subsections (b) and (c), sections 4 through 5 of this chapter and IC 9-19-4-3, IC 9-19-4-4, and IC 9-19-5-7 do not apply to vehicles:

(1) while engaged in the construction of highways; and

(2) when the movement of the vehicles is confined wholly to highways or roads or sections of highways or roads that are under construction and not yet open to unlimited public use.

     (b) If the authority having jurisdiction over the construction of the public highway gives written notice to the owner or operator of a vehicle that the vehicle may not be operated in violation of sections 4 through 5 of this chapter and IC 9-19-4-3, IC 9-19-4-4, and IC 9-19-5-7 without a permit issued by the authority, the owner or operator must obtain a permit from the authority before the vehicle is operated within the highway construction area.

     (c) If written notice is given under subsection (b) and a permit is not obtained by the owner or operator, sections 4 through 5 of this chapter and IC 9-19-4-3, IC 9-19-4-4, and IC 9-19-5-7 apply to the owner’s or operator’s vehicle while engaged in the construction of a public highway.

     (d) The written notice that this section requires from the authority having jurisdiction to the owner or operator may be in the form of any one (1) of the following documents:

(1) A letter.

(2) A specifications document.

(3) A contract document.

(4) A written agreement.

(5) A written document that pertains to the construction work being performed by the owner or operator.

[Pre-1991 Recodification Citation: 9-8-1-19 part.]

As added by P.L.2-1991, SEC.7. Amended by P.L.12-1991, SEC.2.

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