AGO 2007-2.

• Case Date: July 06, 2007
• Court: Indiana

Indiana Attorney General Opinions 2007. AGO 2007-2. July 6, 2007STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR 302 WEST WASHINGTON STREET INDIANAPOLIS, IN 46204-2770. ATTORNEY GENERAL STEVE CARTER TELEPHONE (317) 232-6201OFFICIAL OPINION 2007-2Representative David L. Niezgodski 106 State House 200 West Washington Street Indianapolis, Indiana 46204-2786Paul Whitesell, SuperintendentIndiana State Police N340 Indiana Government Center North 100 North Senate Avenue Indianapolis, Indiana 46204Re: Taxicab Drive Exemption under Indiana Code chapter 9-19-10 Dear Representative Niezgodski and Superintendent Whitesell: You have requested a legal opinion on the following question: Does the exemption language in Indiana Code section 9-19-10-1(3), pertaining to commercial vehicles that make frequent stops for the delivery of goods or services, exempt a taxicab driver from the passenger restraint law? Brief Answer A taxicab does not meet the definition of a commercial vehicle that is exempted from the passenger restraint laws at section 9-19-10-1(3). As of July 1, 2007, each occupant of a taxicab, including the operator, unless otherwise exempted under the law, must have a safety belt properly fastened around the occupant's body Analysis Indiana Code chapter 9-19-10 sets out the state law for passenger restraint systems and seatbelt enforcement. Section 9-19-10-2 was recently amended by Public Law Number 214- 2007 (HEA 1237). As of July 1, 2007, "each occupant of a motor vehicle equipped with a safety belt . . . shall have a safety belt properly fastened about the occupant's body at all times when the vehicle is in forward motion." (emphasis added). Thus, as of July 1, 2007, all occupants of any seating position of a motor vehicle must wear a safety belt unless exempted under section 9-19- 10-1. There are limited exceptions under section 9-19-10-1 to the general requirement that all occupants of motor vehicles wear a safety belt at all times when the vehicle is in motion. Individuals exempted from the seatbelt requirements include, but are not limited to, those who for medical reasons should not wear seatbelts, rural mail carriers on a rural postal route, newspaper motor route carriers, and driver examiners who are conducting an examination. Ind. Code 9-19-10-1. Amendments...