20060705-IR-312050344FRA Amends 312 IAC 8-2-8 to provide for the use of motorized carts at state parks and recreation areas consistent with amendments to IC 14-19-1-1 that were enacted through HEA 1765-2005. Effective 30 day...  

  • TITLE 312 NATURAL RESOURCES COMMISSION

    Final Rule
    LSA Document #05-344(F)

    DIGEST

    Amends 312 IAC 8-2-8 to provide for the use of motorized carts at state parks and recreation areas consistent with amendments to IC 14-19-1-1 that were enacted through HEA 1765-2005. Effective 30 days after filing with the Secretary of State.



    SECTION 1. 312 IAC 8-2-8, AS AMENDED AT 29 IR 463, SECTION 3, IS AMENDED TO READ AS FOLLOWS:

    312 IAC 8-2-8 Vehicles, trails, watercraft, and aircraft

    Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-19-1-1


    Sec. 8. (a) A person must not operate a vehicle:
    (1) at a speed greater than:
    (A) thirty (30) miles per hour on straight, open stretches of road; or
    (B) fifteen (15) miles per hour on steep grades, curves, or where posted; or
    (2) other than on a public road.

    (b) A person must not park:
    (1) a vehicle;
    (2) watercraft; or
    (3) associated equipment;
    except at a site designated by the department.

    (c) A person must not operate a motorized cart on a DNR property except as follows:
    (1) The person must demonstrate both of the following:
    (A) The person holds a valid driver's license.
    (B) The person is either of the following:
    (i) At least sixty-five (65) years of age that is evidenced by the valid driver's license.
    (ii) Has a disability, as defined by the federal Social Security Administration guidelines (42 U.S.C. 416), that is evidenced by documentation from the Social Security Administration.
    (2) A person must not operate a motorized cart other than within a campground.
    (3) A motorized cart must meet the following lighting requirements if operated between the hours of sunset and sunrise:
    (A) Have a lamp on the front exhibiting a white light visible at least five hundred (500) feet ahead of the motorized cart.
    (B) Have a lamp on the rear exhibiting a red light visible at least five hundred (500) feet behind the motorized cart.
    (4) A restriction applicable to the operation, parking, or other use of a vehicle under this section also applies to a motorized cart.
    (5) As used in this subsection, "campground" means an area where provisions are made for the accommodation of any of the following:
    (A) Tents.
    (B) Recreational vehicles.
    (C) Vacation mobile homes.
    (6) As used in this subsection, "motorized cart" has the meaning set forth in IC 14-19-1-0.5.

    (c) (d) A person moving cross-country on a trail must remain on the designated pathway for the trail. A person must not:
    (1) hike;
    (2) bike;
    (3) ski;
    (4) horseback ride; or
    (5) operate an off-road vehicle or snowmobile;
    except on a trail designated for the purpose. A person must not ride, lead, drive, or hitch an animal, except where designated by the department.

    (d) (e) A person must not operate or maintain a watercraft on a lake:
    (1) containing fewer than three hundred (300) acres unless powered only by an electric trolling motor with not more than:
    (A) two (2) 12-volt batteries; or
    (B) one (1) 24-volt battery;
    (2) except under motor horsepower and speed zone requirements applicable to the lake; and
    (3) for fourteen (14) consecutive days without removal from the lake unless otherwise moored in a designated area.

    (e) (f) A person must not launch, dock, or moor a watercraft or another floating device, except for approved periods and at sites designated by the department for those purposes. A person must not:
    (1) leave a watercraft unattended in a courtesy dock provided by the department; or
    (2) moor a watercraft at a designated group dock or mooring post unless the watercraft exhibits a valid mooring permit.

    (f) (g) A person must not leave a vehicle, watercraft, or associated equipment at a DNR property unless the person is actively engaged in the use of:
    (1) a DNR property; or
    (2) an adjacent:
    (A) public freshwater lake; or
    (B) navigable waterway.

    (g) (h) A person must not land, taxi, take-off, park, or moor:
    (1) an aircraft;
    (2) a hang glider;
    (3) an ultralite;
    (4) a powered model aircraft; or
    (5) a hot air balloon;
    except at a site designated for that purpose or pursuant to a license.
    (Natural Resources Commission; 312 IAC 8-2-8; filed Oct 28, 1998, 3:32 p.m.: 22 IR 741, eff Jan 1, 1999; filed Nov 5, 1999, 10:14 a.m.: 23 IR 555, eff Jan 1, 2000; filed Jun 17, 2002, 4:13 p.m.: 25 IR 3715; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; filed Sep 14, 2005, 2:45 p.m.: 29 IR 463, eff Jan 1, 2006; filed Jun 9, 2006, 3:40 p.m.: 20060705-IR-312050344FRA)


    LSA Document #05-344(F)
    Notice of Intent: 29 IR 1245
    Proposed Rule: 29 IR 1975
    Hearing Held: March 27, 2006
    Approved by Attorney General: June 6, 2006
    Approved by Governor: June 9, 2006
    Filed with Secretary of State: June 9, 2006, 3:40 p.m.
    Documents Incorporated by Reference: None Received by Publisher
    Small Business Regulatory Coordinator: John Bergman, Department of Natural Resources, Division of State Parks and Reservoirs, Indiana Government Center-South, 402 West Washington Street, Room W298, Indianapolis, IN 46204, (317) 232-4131, jbergman@dnr.in.gov

    Posted: 07/05/2006 by Legislative Services Agency

    DIN: 20060705-IR-312050344FRA
    Composed: Oct 31,2016 11:26:45PM EDT
    A PDF version of this document.

Document Information

Rules:
312IAC8-2-8