2006 Legislation
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HOUSE BILL NO. 562 – MV license, dealer, laden trailer

HOUSE BILL NO. 562

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Bill Status



H0562aa.......................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - LICENSE PLATES - Amends existing law to provide that
dealer and manufacturer plates may be used on laden vehicles operated by
the manufacturer, dealer or his licensed vehicle salesman, in connection
with the manufacturer's or dealer's business; and to provide that a dealer
plate may be used on a laden trailer in connection with a manufacturer's or
dealer's business to move vehicles or trailers from a manufacturer to a
dealer, from dealership to dealership or from a dealership to off-site
locations in promotion of the dealer's business, as long as the power unit
is properly licensed.
                                                                        
02/07    House intro - 1st rdg - to printing
02/08    Rpt prt - to Transp
02/21    Rpt out - to Gen Ord
02/28    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/02    2nd rdg - to 3rd rdg as amen
03/06    3rd rdg as amen - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Boe, Sayler
    Floor Sponsor - Loertscher
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Transp
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw
    Floor Sponsor - Brandt
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/30    Governor signed
         Session Law Chapter 223
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 562
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO USE OF DEALER AND MANUFACTURER LICENSE  PLATES;  AMENDING  SECTION
  3        49-1627, IDAHO CODE, TO PROVIDE THAT DEALER AND MANUFACTURER PLATES MAY BE
  4        USED  ON  LADEN  VEHICLES  OPERATED  BY  THE  MANUFACTURER,  DEALER OR HIS
  5        LICENSED VEHICLE  SALESMAN,  IN  CONNECTION  WITH  THE  MANUFACTURER'S  OR
  6        DEALER'S  BUSINESS  AND  TO  PROVIDE  THAT A DEALER PLATE MAY BE USED ON A
  7        LADEN VEHICLE OR TRAILER IN CONNECTION WITH A MANUFACTURER'S  OR  DEALER'S
  8        BUSINESS  TO  MOVE  VEHICLES  OR TRAILERS FROM A MANUFACTURER TO A DEALER,
  9        FROM DEALERSHIP TO DEALERSHIP OR FROM A DEALERSHIP TO  OFF-SITE  LOCATIONS
 10        IN PROMOTION OF THE DEALER'S BUSINESS.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Section 49-1627, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        49-1627.  USE OF DEALER AND MANUFACTURER LICENSE PLATE. (1) Any dealer  or
 15    manufacturer  license  plate  issued  may,  during the calendar year for which
 16    issued, be transferred from one (1) vehicle to another owned  or  operated  by
 17    such manufacturer or dealer, in pursuance of his business as a manufacturer or
 18    dealer.
 19        (2)  Dealer  plates shall not be used on vehicles under the following cir-
 20    cumstances:
 21        (a)  On work or service vehicles not held in stock for sale;
 22        (b)  On leased or rented vehicles owned by the  licensed  manufacturer  or
 23        dealer;
 24        (c)  On  a  laden vehicle designed for transportation of cargo, unless the
 25        manufacturer or dealer has complied with section 49-434, Idaho Code;
 26        (d)  On vehicles which have been sold;
 27        (e)  On vehicles used by the licensee for furtherance of another business;
 28        (f)  On vehicles owned by a licensed wholesaler used for personal use;
 29        (g)  On vehicles  owned  by  a  licensed  wholesaler,  operated  by  their
 30        licensed salesmen, used for personal use.
 31        (3)  Dealer and manufacturer plates may be used on laden vehicles operated
 32    by  the  manufacturer,  dealer or his licensed vehicle salesman, in connection
 33    with the manufacturer's or dealer's business. A dealer plate may be used on  a
 34    laden vehicle or trailer in connection with a manufacturer's or dealer's busi-
 35    ness  to move vehicles or trailers from a manufacturer to a dealer, from deal-
 36    ership to dealership or from a dealership to off-site locations  in  promotion
 37    of the dealer's business. A dealer plate may be used on a vehicle assigned for
 38    personal use on a full-time basis to the dealer, or licensed full-time vehicle
 39    salesman.  This  personal  use  exception  applies  only  to the manufacturer,
 40    dealer, or licensed full-time vehicle salesman personally, and any other  per-
 41    sons,  including  members  of their families, are excluded. A prospective pur-
 42    chaser of a vehicle may have possession of the vehicle with a dealer plate for
 43    not more than ninety-six (96) hours or may operate the vehicle  when  accompa-
                                                                        
                                           2
                                                                        
  1    nied by the manufacturer, dealer or a licensed vehicle salesman.
  2        (4)  Licensed part-time vehicle salesmen may use a dealer plate on a vehi-
  3    cle  that  is offered for sale only to demonstrate the vehicle to a purchaser,
  4    but not for personal use. Other employees or authorized persons, not  licensed
  5    as  a  vehicle  salesman,  may  use a dealer plate when testing the mechanical
  6    operation of a vehicle or for the necessary  operation  in  pursuance  of  the
  7    dealer's business, including the delivery and pickup of vehicles owned or pur-
  8    chased by that manufacturer or dealer.
  9        (5)  Vehicle  manufacturers and dealers shall keep a written record of the
 10    vehicles upon which dealer's number plates are used  for  personal  use  on  a
 11    full-time  basis,  and  the  time  during which each plate is used. The record
 12    shall be open to inspection by any peace officer or any officer or employee of
 13    the department.
 14        (6)  No manufacturer or dealer shall cause or permit any vehicle owned  by
 15    them to be operated or moved upon a public highway without displaying upon the
 16    vehicle  a license plate issued to that person, either under the provisions of
 17    this section or section 49-428, Idaho Code, except as otherwise authorized  in
 18    section 49-431, Idaho Code.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Loertscher          
                                                                        
                                                     Seconded by Wood                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 562
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 25,  following  "Code"  insert:  ",
  3    except  as  provided  in  subsection  (3) of this section"; in line 34, delete
  4    "vehicle or"; and in line 37, following "business" insert:  "as  long  as  the
  5    power unit is properly licensed under chapter 4, title 49, Idaho Code".
                                                                        
  6                                 CORRECTIONS TO TITLE
  7        On  page  1,  in  line  7,  delete "VEHICLE OR"; and in line 10, following
  8    "BUSINESS" insert: "AS LONG AS THE POWER UNIT IS PROPERLY LICENSED UNDER CHAP-
  9    TER 4, TITLE 49, IDAHO CODE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 562, As Amended
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO USE OF DEALER AND MANUFACTURER LICENSE  PLATES;  AMENDING  SECTION
  3        49-1627, IDAHO CODE, TO PROVIDE THAT DEALER AND MANUFACTURER PLATES MAY BE
  4        USED  ON  LADEN  VEHICLES  OPERATED  BY  THE  MANUFACTURER,  DEALER OR HIS
  5        LICENSED VEHICLE  SALESMAN,  IN  CONNECTION  WITH  THE  MANUFACTURER'S  OR
  6        DEALER'S  BUSINESS  AND  TO  PROVIDE  THAT A DEALER PLATE MAY BE USED ON A
  7        LADEN TRAILER IN CONNECTION WITH A MANUFACTURER'S OR DEALER'S BUSINESS  TO
  8        MOVE VEHICLES OR TRAILERS FROM A MANUFACTURER TO A DEALER, FROM DEALERSHIP
  9        TO  DEALERSHIP  OR FROM A DEALERSHIP TO OFF-SITE LOCATIONS IN PROMOTION OF
 10        THE DEALER'S BUSINESS AS LONG AS THE POWER UNIT IS PROPERLY LICENSED UNDER
 11        CHAPTER 4, TITLE 49, IDAHO CODE.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 49-1627, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        49-1627.  USE  OF DEALER AND MANUFACTURER LICENSE PLATE. (1) Any dealer or
 16    manufacturer license plate issued may, during  the  calendar  year  for  which
 17    issued,  be  transferred  from one (1) vehicle to another owned or operated by
 18    such manufacturer or dealer, in pursuance of his business as a manufacturer or
 19    dealer.
 20        (2)  Dealer plates shall not be used on vehicles under the following  cir-
 21    cumstances:
 22        (a)  On work or service vehicles not held in stock for sale;
 23        (b)  On  leased  or  rented vehicles owned by the licensed manufacturer or
 24        dealer;
 25        (c)  On a laden vehicle designed for transportation of cargo,  unless  the
 26        manufacturer  or  dealer  has  complied  with  section 49-434, Idaho Code,
 27        except as provided in subsection (3) of this section;
 28        (d)  On vehicles which have been sold;
 29        (e)  On vehicles used by the licensee for furtherance of another business;
 30        (f)  On vehicles owned by a licensed wholesaler used for personal use;
 31        (g)  On vehicles  owned  by  a  licensed  wholesaler,  operated  by  their
 32        licensed salesmen, used for personal use.
 33        (3)  Dealer and manufacturer plates may be used on laden vehicles operated
 34    by  the  manufacturer,  dealer or his licensed vehicle salesman, in connection
 35    with the manufacturer's or dealer's business. A dealer plate may be used on  a
 36    laden trailer in connection with a manufacturer's or dealer's business to move
 37    vehicles or trailers from a manufacturer to a dealer, from dealership to deal-
 38    ership or from a dealership to off-site locations in promotion of the dealer's
 39    business as long as the power unit is properly licensed under chapter 4, title
 40    49,  Idaho Code. A dealer plate may be used on a vehicle assigned for personal
 41    use on a full-time basis to the dealer, or licensed full-time  vehicle  sales-
 42    man.  This personal use exception applies only to the manufacturer, dealer, or
 43    licensed full-time vehicle salesman personally, and any other persons, includ-
                                                                        
                                           2
                                                                        
  1    ing members of their families, are excluded.  A  prospective  purchaser  of  a
  2    vehicle  may  have  possession of the vehicle with a dealer plate for not more
  3    than ninety-six (96) hours or may operate the vehicle when accompanied by  the
  4    manufacturer, dealer or a licensed vehicle salesman.
  5        (4)  Licensed part-time vehicle salesmen may use a dealer plate on a vehi-
  6    cle  that  is offered for sale only to demonstrate the vehicle to a purchaser,
  7    but not for personal use. Other employees or authorized persons, not  licensed
  8    as  a  vehicle  salesman,  may  use a dealer plate when testing the mechanical
  9    operation of a vehicle or for the necessary  operation  in  pursuance  of  the
 10    dealer's business, including the delivery and pickup of vehicles owned or pur-
 11    chased by that manufacturer or dealer.
 12        (5)  Vehicle  manufacturers and dealers shall keep a written record of the
 13    vehicles upon which dealer's number plates are used  for  personal  use  on  a
 14    full-time  basis,  and  the  time  during which each plate is used. The record
 15    shall be open to inspection by any peace officer or any officer or employee of
 16    the department.
 17        (6)  No manufacturer or dealer shall cause or permit any vehicle owned  by
 18    them to be operated or moved upon a public highway without displaying upon the
 19    vehicle  a license plate issued to that person, either under the provisions of
 20    this section or section 49-428, Idaho Code, except as otherwise authorized  in
 21    section 49-431, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15896

This legislation is to clarify the conditions under which a
dealer plate may be used.




                           FISCAL NOTE

None




Contact
Name: Rep. Tom Loertscher 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 562