What if you carry but walk your child to and from school?

[Ruffnek]

I do not,in any way,advocate breaking the law,but you could always just conceal really well if you're just walking up,grabbing little Johnny/Suzie and leaving immediately.But that would be technically illegal so not advisable.

 

[Exodus]

Why not try and get written permission from the school corp allowing you to carry to the door to pick your child up.

 

[CTS]

Are you safe if let's say you go to pick up your kid from practice, and they take longer than expected so you park your vehicle and turn it off but not set foot out of said car?

Yes. You're OK in that circumstance.

Whoa there, I would be careful on that one. The law specifically states that a person is only exempt while they are operating the vehicle. I wouldn't take the chance of shutting the engine off, even more so while pulling into a parking area, as you might no longer be considered to be operating the vehicle at that time. It may be splitting hairs, but that's precisely what prosecutors are good at. In the Newson case, while he actually exited the vehicle, he was specifically dinged because he was not actively operating the vehicle.

 

[Exodus]

But you can get a dui for having the keys in the ignition.

 

[BehindBlueI's]

But you can get a dui for having the keys in the ignition.

Maybe. Keys in ignition, motor running for the heater, but asleep in the back seat = not DUI per the courts. Key in the ignition, drunk in the drivers's seat, probably DUI.

If you're worried about vicious dogs you should just carry a baseball bat or walking stick during the walk. Unless they are pit bulls (not that I have anything against pits, but they are strong dogs) you shouldn't have any problems.

Air horn. Dogs aren't scared of sticks, and fighting multiple dogs with a stick can easily be a losing game. Dogs ARE scared of ridiculously loud noises, and you can affect all dogs in the area at one time.

OP - My understanding of the law is you must be operating a vehicle. Picking up a child as a pedestrian would not qualify.

 

[Tyler-The-Piker]

Air horn. Dogs aren't scared of sticks, and fighting multiple dogs with a stick can easily be a losing game. Dogs ARE scared of ridiculously loud noises, and you can affect all dogs in the area at one time.

OP - My understanding of the law is you must be operating a vehicle. Picking up a child as a pedestrian would not qualify.

absolutely great advice. thank you!

 

[MisterChester]

Whoa there, I would be careful on that one. The law specifically states that a person is only exempt while they are operating the vehicle. I wouldn't take the chance of shutting the engine off, even more so while pulling into a parking area, as you might no longer be considered to be operating the vehicle at that time. It may be splitting hairs, but that's precisely what prosecutors are good at. In the Newson case, while he actually exited the vehicle, he was specifically dinged because he was not actively operating the vehicle.

Would they rather a parent keep driving in circles around the property? Seems like the only way to get an answer is from some case law.

 

[cmepp18]

This is how Indiana defines "Operate"

IC 9-13-2-117.5
"Operate"
Sec. 117.5. (a) "Operate", except as provided in subsections (b) and (c), means to navigate or otherwise be in actual physical control of a vehicle.
(b) "Operate", for purposes of IC 9-31, means to navigate or otherwise be in actual physical control of a motorboat.
(c) "Operate" for purposes of IC 9-18-2.5, means to:
(1) ride in or on; and
(2) be in actual physical control of the operation of;
an off-road vehicle or snowmobile.
As added by P.L.71-1991, SEC.6. Amended by P.L.125-2012, SEC.16; P.L.85-2013, SEC.16; P.L.259-2013, SEC.4.

IANAL, and it sounds like there is room for interpretation with wording like "physical control." Take it for what it's worth.

 

[HoughMade]

I imagine if you stay on the public sidewalk you'll be okay. Just don't step foot onto school property.

I would be careful about that. Just because its a "public sidewalk" does not mean it's not "school property". Normally, sidewalks are not owned by the municipality.