2006 Legislation
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HOUSE BILL NO. 760 – Moped, definition revised

HOUSE BILL NO. 760

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Bill Status



H0760aa.............................................by REVENUE AND TAXATION
MOPED - Amends existing law relating to motor vehicles to revise the
definition of "moped" to include vehicles without pedals that are powered
solely by electrical energy.
                                                                        
03/02    House intro - 1st rdg - to printing
03/03    Rpt prt - to Transp
03/09    Rpt out - to Gen Ord
03/13    Rpt out amen - to engros
03/14    Rpt engros - 1st rdg - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/16    3rd rdg as amen - PASSED - 63-1-6
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bedke, Bell, Bilbao,
      Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Rydalch
      Absent and excused -- Bastian, Bayer, Crow, Harwood, Snodgrass, Wood
    Floor Sponsor - Kemp
    Title apvd - to Senate
03/17    Senate intro - 1st rdg - to Transp
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
      Burtenshaw, 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 -- None
    Floor Sponsor - Brandt
    Title apvd - to House
03/30    To enrol
03/31    Rpt enrol - Sp signed
04/03    Pres signed - To Governor
04/07    Governor signed
         Session Law Chapter 360
         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. 760
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE LAW  DEFINITIONS;  AMENDING  SECTION  49-114,  IDAHO
  3        CODE, TO REVISE THE DEFINITION OF "MOPED."
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section  49-114, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        49-114.  DEFINITIONS -- M. (1) "Major component part" means a  rear  clip,
  8    cowl,  frame  or  inner  structure  forward  of the cowl, body, cab, front end
  9    assembly, front clip or such other part which is critical to the safety of the
 10    vehicle.
 11        (2)  "Manifest" means a form used for identifying the  quantity,  composi-
 12    tion,  origin,  routing, waste or material identification code and destination
 13    of hazardous material or hazardous waste  during  any  transportation  within,
 14    through, or to any destination in this state.
 15        (3)  "Manufactured home." (See section 39-4105, Idaho Code)
 16        (4)  "Manufacturer"  means  every  person  engaged in the business of con-
 17    structing or assembling vehicles of a type required to  be  registered  at  an
 18    established  place  of  business in this state. The term, for purposes of sec-
 19    tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
 20    include a distributor and other factory representatives.
 21        (5)  "Manufacturer's year designation" means the model year designated  by
 22    the  vehicle  manufacturer, and not the year in which the vehicle is, in fact,
 23    manufactured.
 24        (6)  "Maximum gross weight" means the scale weight of a vehicle,  equipped
 25    for  operation,  to  which  shall  be  added the maximum load to be carried as
 26    declared by the owner in making application for registration. When  a  vehicle
 27    against which a registration fee is assessed is a combination of vehicles, the
 28    term  "maximum  gross  weight" means the combined maximum gross weights of all
 29    vehicles in the combination.
 30        (7)  "Metal tire." (See "Tires," section 49-121, Idaho Code)
 31        (8)  "Mileage" means actual distance that a vehicle has traveled.
 32        (9)  "Moped" means a limited-speed motor-driven cycle having  both  motor-
 33    ized  and  pedal propulsion that is not capable of propelling the vehicle at a
 34    speed in excess of thirty (30) miles per hour on level ground, whether two (2)
 35    or three (3) wheels are in contact with the ground  during  operation.  If  an
 36    internal  combustion  engine  is used, the displacement shall not exceed fifty
 37    (50) cubic centimeters and the moped shall have  a  power  drive  system  that
 38    functions directly or automatically without clutching or shifting by the oper-
 39    ator  after  the  drive  system  is engaged. A moped shall also mean a two (2)
 40    wheeled or three (3) wheeled vehicle having no pedals, which is powered solely
 41    by electrical energy, has an automatic transmission, a  motor  which  produces
 42    less  than  two  (2)  gross brake horsepower, and is capable of propelling the
 43    device at a maximum speed of not more than thirty (30) miles per hour on level
                                                                        
                                           2
                                                                        
  1    ground.
  2        (10) "Motorcycle" means every motor vehicle having a seat  or  saddle  for
  3    the  use of the rider and designed to travel on not more than three (3) wheels
  4    in contact with the ground, but excluding a tractor and moped.
  5        (11) "Motor carrier" means  an  individual,  partnership,  corporation  or
  6    other  legal  entity engaged in the transportation by motor vehicle of persons
  7    or property in the furtherance of a business or for hire.
  8        (12) "Motor home" means a vehicular unit  designed  to  provide  temporary
  9    living  quarters,  built  into  an  integral part or permanently attached to a
 10    self-propelled motor vehicle chassis. The  vehicle  must  contain  permanently
 11    installed  independent  life  support systems which meet the American National
 12    Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
 13    vide at least four (4) of the following facilities: cooking, refrigeration  or
 14    ice  box,  self-contained  toilet,  heating and/or air conditioning, a potable
 15    water supply system, including a faucet and sink, separate 110-125 volt  elec-
 16    trical power supply and/or LP-gas supply.
 17        (13) "Motorized  wheelchair"  means  a  motor  vehicle with a speed not in
 18    excess of eight (8) miles per hour, designed for and  used  by  a  handicapped
 19    person.
 20        (14) "Motor  number."  (See  "Identifying  number,"  section 49-110, Idaho
 21    Code)
 22        (15) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
 23        (16) "Motor vehicle liability policy" means an owner's or operator's  pol-
 24    icy  of  liability  insurance, certified as provided in section 49-1210, Idaho
 25    Code, as proof of financial responsibility, and issued by an insurance carrier
 26    duly authorized to transact business in this state, to or for the  benefit  of
 27    the person named therein as insured.
 28        (17) "Motor  vehicle  record"  means  any  record that pertains to a motor
 29    vehicle registration, motor vehicle title or identification documents or other
 30    similar credentials issued by the department or other state or local agency.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Kemp                
                                                                        
                                                     Seconded by Wood                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 760
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, delete lines 32 through 43 and insert:
  3        "(9)  "Moped" means a limited-speed motor-driven cycle having:
  4        (a)  Bboth motorized and pedal propulsion that is not capable  of  propel-
  5        ling  the  vehicle  at  a speed in excess of thirty (30) miles per hour on
  6        level ground, whether two (2) or three (3) wheels are in contact with  the
  7        ground  during  operation.  If  an internal combustion engine is used, the
  8        displacement shall not exceed fifty (50) cubic centimeters and  the  moped
  9        shall  have  a power drive system that functions directly or automatically
 10        without clutching or shifting by the operator after the  drive  system  is
 11        engaged.; or
 12        (b)  Two  (2)  wheels or three (3) wheels with no pedals, which is powered
 13        solely by electrical energy, has an automatic transmission, a motor  which
 14        produces  less  than two (2) gross brake horsepower, is capable of propel-
 15        ling the device at a maximum speed of not more than thirty (30) miles  per
 16        hour on level".
 17        On  page 2, in line 1, following "ground" insert: "and as originally manu-
 18    factured, meets  federal  motor  vehicle  safety  standards  for  motor-driven
 19    cycles".

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. 760, As Amended
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE LAW  DEFINITIONS;  AMENDING  SECTION  49-114,  IDAHO
  3        CODE, TO REVISE THE DEFINITION OF "MOPED."
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section  49-114, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        49-114.  DEFINITIONS -- M. (1) "Major component part" means a  rear  clip,
  8    cowl,  frame  or  inner  structure  forward  of the cowl, body, cab, front end
  9    assembly, front clip or such other part which is critical to the safety of the
 10    vehicle.
 11        (2)  "Manifest" means a form used for identifying the  quantity,  composi-
 12    tion,  origin,  routing, waste or material identification code and destination
 13    of hazardous material or hazardous waste  during  any  transportation  within,
 14    through, or to any destination in this state.
 15        (3)  "Manufactured home." (See section 39-4105, Idaho Code)
 16        (4)  "Manufacturer"  means  every  person  engaged in the business of con-
 17    structing or assembling vehicles of a type required to  be  registered  at  an
 18    established  place  of  business in this state. The term, for purposes of sec-
 19    tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
 20    include a distributor and other factory representatives.
 21        (5)  "Manufacturer's year designation" means the model year designated  by
 22    the  vehicle  manufacturer, and not the year in which the vehicle is, in fact,
 23    manufactured.
 24        (6)  "Maximum gross weight" means the scale weight of a vehicle,  equipped
 25    for  operation,  to  which  shall  be  added the maximum load to be carried as
 26    declared by the owner in making application for registration. When  a  vehicle
 27    against which a registration fee is assessed is a combination of vehicles, the
 28    term  "maximum  gross  weight" means the combined maximum gross weights of all
 29    vehicles in the combination.
 30        (7)  "Metal tire." (See "Tires," section 49-121, Idaho Code)
 31        (8)  "Mileage" means actual distance that a vehicle has traveled.
 32        (9)  "Moped" means a limited-speed motor-driven cycle having:
 33        (a)  Bboth motorized and pedal propulsion that is not capable  of  propel-
 34        ling  the  vehicle  at  a speed in excess of thirty (30) miles per hour on
 35        level ground, whether two (2) or three (3) wheels are in contact with  the
 36        ground  during  operation.  If  an internal combustion engine is used, the
 37        displacement shall not exceed fifty (50) cubic centimeters and  the  moped
 38        shall  have  a power drive system that functions directly or automatically
 39        without clutching or shifting by the operator after the  drive  system  is
 40        engaged.; or
 41        (b)  Two  (2)  wheels or three (3) wheels with no pedals, which is powered
 42        solely by electrical energy, has an automatic transmission, a motor  which
 43        produces  less  than two (2) gross brake horsepower, is capable of propel-
                                                                        
                                           2
                                                                        
  1        ling the device at a maximum speed of not more than thirty (30) miles  per
  2        hour  on  level ground and as originally manufactured, meets federal motor
  3        vehicle safety standards for motor-driven cycles.
  4        (10) "Motorcycle" means every motor vehicle having a seat  or  saddle  for
  5    the  use of the rider and designed to travel on not more than three (3) wheels
  6    in contact with the ground, but excluding a tractor and moped.
  7        (11) "Motor carrier" means  an  individual,  partnership,  corporation  or
  8    other  legal  entity engaged in the transportation by motor vehicle of persons
  9    or property in the furtherance of a business or for hire.
 10        (12) "Motor home" means a vehicular unit  designed  to  provide  temporary
 11    living  quarters,  built  into  an  integral part or permanently attached to a
 12    self-propelled motor vehicle chassis. The  vehicle  must  contain  permanently
 13    installed  independent  life  support systems which meet the American National
 14    Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
 15    vide at least four (4) of the following facilities: cooking, refrigeration  or
 16    ice  box,  self-contained  toilet,  heating and/or air conditioning, a potable
 17    water supply system, including a faucet and sink, separate 110-125 volt  elec-
 18    trical power supply and/or LP-gas supply.
 19        (13) "Motorized  wheelchair"  means  a  motor  vehicle with a speed not in
 20    excess of eight (8) miles per hour, designed for and  used  by  a  handicapped
 21    person.
 22        (14) "Motor  number."  (See  "Identifying  number,"  section 49-110, Idaho
 23    Code)
 24        (15) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
 25        (16) "Motor vehicle liability policy" means an owner's or operator's  pol-
 26    icy  of  liability  insurance, certified as provided in section 49-1210, Idaho
 27    Code, as proof of financial responsibility, and issued by an insurance carrier
 28    duly authorized to transact business in this state, to or for the  benefit  of
 29    the person named therein as insured.
 30        (17) "Motor  vehicle  record"  means  any  record that pertains to a motor
 31    vehicle registration, motor vehicle title or identification documents or other
 32    similar credentials issued by the department or other state or local agency.

Statement of Purpose / Fiscal Impact


     REVISED        REVISED        REVISED        REVISED
                                 
                      STATEMENT OF PURPOSE

                            RS 16155

     The purpose of the legislation is to update Idaho's
definition of a Moped.  Vehicle and transportation technology has
changed since the code was originally written.  This bill allows
for the new technology that meets road safety standards to be
licensed.



                           FISCAL NOTE

No fiscal impact.   






Contact
Name: Representative Kemp 
Phone: 208-332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                      H 760 AA