105 IAC 18-2-1 Requirements to rebut presumption; burden of proof

Sec. 1. (a) An owner of a motor vehicle may rebut the presumption that they were operating the motor vehicle through a worksite at the time a photograph or recorded image was obtained through a worksite speed control system if any of the following apply: (1) The owner of the motor vehicle was not driving the motor vehicle at the time the speed limit was exceeded. The owner must provide credible sworn testimony or an affidavit, under the penalties of perjury, which includes: (A) a statement that the owner of the motor vehicle was not driving the motor vehicle through the worksite at the time the worksite speed limit was exceeded; (B) the name, age, address, and telephone number of the operator of the motor vehicle at the time the worksite speed limit was exceeded; and (C) the citation number. (2) The motor vehicle was reported stolen before the worksite speed limit was exceeded and had not been recovered before that time. The owner must provide credible sworn testimony or an affidavit, under the penalties of perjury, which includes: (A) the date the motor vehicle was stolen; (B) the date and time the motor vehicle was reported stolen to law enforcement, which must be before the time the worksite speed limit was exceeded; (C) a statement that the motor vehicle was stolen and had not been recovered at the time the worksite speed limit was exceeded; (D) the citation number; and (E) an attached copy of the police report. (3) The registered owner of the motor vehicle was not the actual owner of the motor vehicle at the time the speed limit was exceeded. The registered owner must provide credible sworn testimony or an affidavit, under the penalties of perjury, which includes: (A) a statement that the registered owner of the motor vehicle was not the actual owner of the motor vehicle driven through the worksite at the time the speed limit was exceeded; (B) the date the title of the motor vehicle was transferred from the registered owner's name to the new owner; (C) the citation number; and (D) an attached copy of documentation that shows the title transfer of the motor vehicle to another owner. (b) The presumption under subsection (a) may be overcome if the owner of the motor vehicle is able to prove by clear and convincing evidence they were not operating the motor vehicle through the worksite at the time the photograph or recorded image was obtained.