Traffic enforcement., the official text

Second Regular Session of the 124th General Assembly (2026)

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between statutes enacted by the 2025 Regular Session of the General Assembly.

  HOUSE ENROLLED ACT No. 1155

   AN ACT to amend the Indiana Code concerning property.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 9-21-1-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) Except as provided in section
3.5 of this chapter, a local authority may adopt by ordinance additional
traffic regulations with respect to highways under the authority's
jurisdiction. An ordinance adopted under this subsection may not
conflict with or duplicate a statute.

   (b) Except as provided in IC 9-21-23.5, after a request has been
made at a public meeting or by certified mail to the legislative body (as
defined in IC 36-1-2-9) from the property owner, a local authority may
adopt by ordinance additional traffic regulations with respect to a
private road within the authority's jurisdiction. The ordinance:

      (1) must require a contractual agreement between the local
      authority and property owner of the private road setting forth the
      terms and responsibilities of the additional traffic regulations;
      (2) must require the contractual agreement required under
      subdivision (1) to be recorded after passage of the ordinance in
      the office of the recorder of the county in which the private road
      is located; and
      (3) may not conflict with or duplicate state law.
   (c) A fine assessed for a violation of a traffic ordinance adopted by
a local authority may be deposited into the general fund of the
appropriate political subdivision.

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   SECTION 2. IC 9-21-5-3, AS AMENDED BY P.L.1-2006,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. The maximum speed limits set
forth in section 2 of this chapter may be altered as follows:

      (1) By local jurisdictions under section 6 of this chapter.
      (2) By the Indiana department of transportation under section 12
      of this chapter.
      (3) For the purposes of speed limits on a highway on the national
      system of interstate and defense highways, by order of the
      commissioner of the Indiana department of transportation to
      conform to any federal regulation concerning state speed limit
      laws.
      (4) In worksites, by all jurisdictions under section 11 of this
      chapter.
      (5) By a homeowners association that establishes a maximum
      speed limit under IC 9-21-23.5 within a subdivision governed
      by the homeowners association.
   SECTION 3. IC 9-21-23.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
   Chapter 23.5. Traffic Enforcement on Private Roads Pilot
Project
   Sec. 1. This chapter:
      (1) applies to a subdivision:

         (A) that is subject to governance authority by a
         homeowners association;
         (B) that contains at least one thousand five hundred (1,500)
         lots; and
         (C) with at least fifteen (15) miles of private road that are
         owned and maintained by the homeowners association;
         and
      (2) does not apply to:
         (A) commercial property;
         (B) industrial property;
         (C) retail or commercial parking facilities; or
         (D) privately owned roads primarily serving property
         described in clauses (A) through (C).
   Sec. 2. The definitions in IC 32-25.5-2 apply throughout this
chapter.
   Sec. 3. As used in this chapter, "law enforcement agency" has
the meaning set forth in IC 5-2-1-2(8).
   Sec. 4. As used in this chapter, "law enforcement officer" has

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the meaning set forth in IC 9-13-2-92.
   Sec. 5. (a) Notwithstanding any other law, the board of a

homeowners association may establish a maximum speed limit
within the subdivision.

   (b) If a maximum speed limit is established under subsection (a),
signs must be located on each private roadway in a manner that
conforms with standards and requirements established by the
department of transportation.

   (c) If the board of a homeowners association establishes a speed
limit under subsection (a), the homeowners association must notify
the:

      (1) sheriff of each county in which the subdivision governed
      by the homeowners association is located (or the chief of
      police of the consolidated city, if the subdivision is primarily
      located in a consolidated city); and
      (2) chief of police of any municipality whose jurisdiction
      includes the subdivision governed by the homeowners
      association;
of the establishment of the speed limit under subsection (a).
   Sec. 6. (a) Notwithstanding any other law, the board of a
homeowners association may designate intersections on private
roads within a subdivision at which a vehicle is required to stop.
   (b) A requirement established under subsection (a) is
enforceable only if a stop sign is posted at the intersection in a
manner that complies with all requirements established by the
department of transportation.
   Sec. 7. (a) Notwithstanding any other law and except as
provided in section 8 of this chapter, a law enforcement officer has
all police powers necessary to enforce the laws of the state for the
regulation and use of vehicles on the private roads within the
subdivision governed by the homeowners association. However,
with the exception of the maximum speed limit and stop
requirements established by the board of the homeowners
association under sections 5 and 6 of this chapter, a law
enforcement officer may not enforce other rules or requirements
established by the homeowners association.
   (b) Subject to subsections (c) and (d), the homeowners
association may enter into an agreement with or employ an off
duty law enforcement officer to enforce the laws of the state for the
regulation and use of a vehicle as described in subsection (a). The
law enforcement officer must wear a distinctive uniform or must
operate a motor vehicle that is clearly marked as a police vehicle

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when exercising the officer's authority under this chapter.
   (c) The homeowner's association must submit proof of the

appropriate liability insurance with each applicable sheriff and
chief of police prior to entering into an agreement with or
employing an off duty law enforcement officer. The proof of
insurance shall be resubmitted upon renewal of the liability
insurance.

   (d) If a homeowners association enters into an agreement with
or employs a law enforcement officer under subsection (b), the
homeowners association must agree to indemnify and hold
harmless the law enforcement officer, the state, the applicable
political subdivisions, and the law enforcement agency that
employs the law enforcement officer and their officers, agents, and
employees from all claims and liability arising from actions of the
law enforcement officer acting within the law enforcement officer's
scope of employment with the homeowners association. However,
the homeowners association is not subject to the indemnification
requirements for willful or wanton misconduct by the law
enforcement officer. Indemnification does not apply to a law
enforcement officer acting within the scope of the law enforcement
officer's scope of employment with the law enforcement agency
that employs the law enforcement officer.

   (e) Subsection (d) may not be construed to prohibit a law
enforcement agency's ability to regulate the off duty employment
of a law enforcement officer employed by the law enforcement
agency or otherwise approve or deny off duty employment of a law
enforcement officer described in subsection (b).

   Sec. 8. (a) Notwithstanding section 7 of this chapter, a law
enforcement agency whose jurisdiction includes the subdivision
governed by the homeowners association does not have a duty:

      (1) to patrol or enforce traffic laws established under this
      chapter; or
      (2) to accept requests to enforce traffic laws established under
      this chapter;
on the private roads within the subdivision governed by the
homeowners association.
   (b) Nothing in this chapter shall be construed to establish a duty
of care by the applicable law enforcement agency to the
homeowners association or the members of the homeowners
association for the enforcement of traffic laws established under
this chapter.
   Sec. 9. Nothing in this chapter shall be construed as:

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      (1) requiring a political subdivision to assume ownership,
      maintenance, or liability of a private road within the
      subdivision governed by the homeowners association; or
      (2) converting a private road within the subdivision governed
      by the homeowners association into a public highway.
   Sec. 10. Nothing in this chapter may be construed to waive
immunity or defenses under IC 34-13-3 or other state or federal
law for the law enforcement officer, the state, the applicable
political subdivisions, and the law enforcement agency that
employs the law enforcement officer and their officers, agents, and
employees.
   Sec. 11. On or before October 1, 2027, the state police
department and the sheriff and prosecutor of each county whose
jurisdiction includes a subdivision governed by a homeowners
association that adopts a maximum speed limit under section 5 of
this chapter shall submit a report to the general assembly in an
electronic format in the same manner that a public agency submits
a report under IC 5-14-6. The report shall summarize issues with
implementation of this chapter and include the number of backup
calls provided within the subdivision.
   Sec. 12. This chapter expires July 1, 2028.

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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