1. (a) This section does not apply to the following:

   1. (1) A container possessed by a person, other than the operator of the motor vehicle, who is in the:

      1. (A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
      2. (B) living quarters of a house coach or house trailer.
   2. (2) A container located in a fixed center console or other similar fixed compartment that is locked.

   3. (3) A container located:

      1. (A) behind the last upright seat; or

      2. (B) in an area not normally occupied by a person;

         in a motor vehicle that is not equipped with a trunk.

2. (b) A person in a motor vehicle who, while the motor vehicle is in operation or while the motor vehicle is located on the right-of-way of a public highway, possesses a container:

   1. (1) that has been opened;
   2. (2) that has a broken seal; or

   3. (3) from which some of the contents have been removed;

      in the passenger compartment of the motor vehicle commits a Class C infraction.

3. (c) A violation of this section is not considered a moving traffic violation:

   1. (1) for purposes of IC 9-14-12-3 ; and
   2. (2) for which points are assessed by the bureau under the point system.

As added by P.L.53-1994, SEC.11. Amended by P.L.33-1997, SEC.15; P.L.1-2000, SEC.14; P.L.209-2005, SEC.1; P.L.290-2013, SEC.1; P.L.198-2016, SEC.605.