Indiana statute

Ind. Code § 9-21-8-56 — Highway worksites; penalties for violations

Current through 2026 Regular Session

Part of Chapter 8: Vehicle Operation, Indiana Code.

Criminal charges under this statute

Highway worksites; penalties for violations

Full text of Ind. Code § 9-21-8-56

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 9-21-8-56Primary source, current through the 2026 Regular Session

Sec. 56. (a) For purposes of this section, "highway worksite" has the meaning set forth in IC 8-23-2-15 . (b) Except as provided in subsections (f) through (h), a person who recklessly operates a vehicle in the immediate vicinity of a highway worksite when workers are present commits a Class A misdemeanor. (c) Except as provided in subsections (f) through (h), a person who knowingly or intentionally operates a motor vehicle in the immediate vicinity of a highway worksite when workers are present with the intent to: (1) damage traffic control devices; or (2) inflict bodily injury on a worker; commits a Class A misdemeanor. (d) Except as provided in subsections (f) through (h), a person who knowingly, intentionally, or recklessly engages in: (1) aggressive driving, as defined in section 55 of this chapter; or (2) a speed contest, as prohibited under IC 9-21-6-1 ; in the immediate vicinity of a highway worksite when workers are present commits a Class A misdemeanor. (e) Except as provided in subsections (f) through (h), a person who recklessly fails to obey a traffic control device or flagman, as prohibited under section 41 of this chapter, in the immediate vicinity of a highway worksite when workers are present commits a Class A misdemeanor. (f) An offense under subsection (b), (c), (d), or (e) is a Level 6 felony if the person who commits the offense: (1) has a prior unrelated conviction under this section in the previous five (5) years; or (2) is operating the vehicle in violation of IC 9-30-5-1 or IC 9-30-5-2 . (g) An offense under subsection (b), (c), (d), or (e) is a Level 6 felony if the offense results in bodily injury to a worker in the worksite. (h) An offense under subsection (b), (c), (d), or (e) is a Level 5 felony if the offense results in the death of a worker in the worksite. (i) A person who knowingly, intentionally, or recklessly engages in an act described in section 55(b)(1), 55(b)(2), 55(b)(3), 55(b)(4), 55(b)(5), or 55(b)(6) of this chapter in the immediate vicinity of a highway worksite when workers are present commits a Class B infraction. Notwithstanding IC 34-28-5-5 (c), the funds collected as judgments for an infraction under this subsection shall be transferred to the Indiana department of transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15 (b).

Official sources

Legal terms used in this section

Questions this section answers

Is highway worksites; penalties for violations a felony or a misdemeanor in Indiana?

It depends on the circumstances: highway worksites; penalties for violations ranges from a Class B Infraction to a Level 5 Felony in Indiana under Ind. Code § 9-21-8-56.

Reckless operation near highway worksite: Class A Misdemeanor (Ind. Code § 9-21-8-56(b)) · Knowing/intentional operation with intent to damage devices or injure worker: Class A Misdemeanor (Ind. Code § 9-21-8-56(c)) · Aggressive driving or speed contest near worksite: Class A Misdemeanor (Ind. Code § 9-21-8-56(d)) · Reckless failure to obey traffic control device or flagman: Class A Misdemeanor (Ind. Code § 9-21-8-56(e)) · Elevated offense with prior conviction or OWI violation: Level 6 Felony (Ind. Code § 9-21-8-56(f)) · Offense resulting in bodily injury to worker: Level 6 Felony (Ind. Code § 9-21-8-56(g)) · Offense resulting in death of worker: Level 5 Felony (Ind. Code § 9-21-8-56(h)) · Minor traffic acts near worksite: Class B Infraction (Ind. Code § 9-21-8-56(i))

Which Indiana statute covers highway worksites; penalties for violations?

Highway worksites; penalties for violations is governed by Ind. Code § 9-21-8-56 (Highway worksites; penalties for violations).

This reference is informational and is not legal advice.