Shocker! Truckers Must Follow Indiana's Traffic Safety Laws
General
September 19, 2011
This may be as big of a shock to you as it is to me--those among us who are driving semi-tractors and trailers must follow Indiana's traffic safety laws. I know you may find this hard to believe, but Indiana now has a reported decision clarifying this issue.
In Hory v. State, ___ N.E.2d ___ (Ind. Ct. App. 2011), Cause No. 01A04-1011-IF-717, a semi was parked illegally outside of a McDonald's. A police officer saw the semi and watched the vehicle. Hory walked out of the McDonald's and to the semi. The officer then cited Hory for illegal parking. After a bench trial, Hory was found guilty and fined.
On appeal, Hory claimed the following:
For some reason, the Court of Appeals did not find this to be the most persuasive of arguments. Thus, it has been settled--you cannot get out of a ticket merely because you were engaged in interstate commerce at the time you received the ticket.
This may be as big of a shock to you as it is to me--those among us who are driving semi-tractors and trailers must follow Indiana's traffic safety laws. I know you may find this hard to believe, but Indiana now has a reported decision clarifying this issue.
In Hory v. State, ___ N.E.2d ___ (Ind. Ct. App. 2011), Cause No. 01A04-1011-IF-717, a semi was parked illegally outside of a McDonald's. A police officer saw the semi and watched the vehicle. Hory walked out of the McDonald's and to the semi. The officer then cited Hory for illegal parking. After a bench trial, Hory was found guilty and fined.
On appeal, Hory claimed the following:
Hory appeals, arguing that the trial court erred by holding that truck operators may be fined for failing to obey Indiana safety laws. In particular, he claims that he was a trucker engaged in interstate commerce and that, as such, he should have been convicted under Indiana Code section 8-2.1-24-18, a statute that incorporates federal motor safety regulations that pre-empt state law.
For some reason, the Court of Appeals did not find this to be the most persuasive of arguments. Thus, it has been settled--you cannot get out of a ticket merely because you were engaged in interstate commerce at the time you received the ticket.
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