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H0196aa.......................................by TRANSPORTATION AND DEFENSE
MOTORCYCLES - ALL-TERRAIN VEHICLES - Amends existing law to provide that
operators of motorcycles, snowmobiles and all-terrain vehicles need not be
licensed drivers if the vehicles are used solely on certain unpaved trails
or roadways located on state public lands or federal public lands; and to
provide that motorcycles and all-terrain vehicles shall be exempt from the
registration requirements of the motor vehicle laws of the state when they
are used on unpaved highways located on state public lands or federal
public lands.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Transp
02/23 Rpt out - to Gen Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/03 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 40-24-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bruneel, Callister,
Clark, Denney, Ellsworth, Gagner, Hadley, Hammond, Hansen(23),
Hornbeck, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
Loertscher, Mader, McKague, Meyer, Montgomery, Moyle, Pischner,
Pomeroy, Reynolds, Sali, Schaefer, Smith, Smylie, Stevenson,
Stoicheff, Taylor, Tilman, Tippets, Wheeler, Williams
NAYS -- Bieter, Black, Boe, Campbell, Chase, Cuddy, Deal, Field(13),
Field(20), Geddes, Gould, Henbest, Jaquet, Jones, Judd, Linford,
Marley, Ringo, Robison, Sellman, Stone, Trail, Watson, Mr Speaker
Absent and excused -- Crow, Hansen(29), Mortensen, Ridinger, Wood,
Zimmermann
Floor Sponsor - Alltus
Title apvd - to Senate
03/08 Senate intro - 1st rdg as amen - to Transp
H0196|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 196, As Amended BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO MOTORCYCLES, SNOWMOBILES AND ALL-TERRAIN VEHICLES; AMENDING SEC- 3 TION 49-301, IDAHO CODE, TO PROVIDE THAT ANY PERSON OPERATING A MOTOR- 4 CYCLE, SNOWMOBILE OR ALL-TERRAIN VEHICLE IN SPECIFIED AREAS SHALL NOT BE 5 REQUIRED TO OBTAIN AN IDAHO DRIVER'S LICENSE; AMENDING SECTION 49-402, 6 IDAHO CODE, TO CLARIFY WHEN MOTORCYCLES AND ALL-TERRAIN VEHICLES ARE 7 EXEMPT FROM REGISTRATION REQUIREMENTS OF MOTOR VEHICLE LAW; AND AMENDING 8 SECTION 49-426, IDAHO CODE, TO PROVIDE THAT MOTORCYCLES AND ALL-TERRAIN 9 VEHICLES USED SOLELY ON UNPAVED TRAILS OR ROADWAYS LOCATED ON STATE PUBLIC 10 LANDS OR FEDERAL PUBLIC LANDS ARE EXEMPT FROM THE REGISTRATION REQUIRE- 11 MENTS OF MOTOR VEHICLE LAW AND TO MAKE TECHNICAL CORRECTIONS. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 49-301, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 49-301. DRIVERS TO BE LICENSED. (1) No person, except those expressly 16 exempted by the provisions of this chapter, shall drive any motor vehicle upon 17 a highway unless the person has a valid Idaho driver's license. No person 18 shall operate a motorcycle upon a highway unless he has a motorcycle endorse- 19 ment on his valid driver's license. No person shall operate a commercial motor 20 vehicle as defined in section 49-123, Idaho Code, upon a highway unless he has 21 a seasonal or class A, B or C driver's license with required endorsements. No 22 person shall operate a motor vehicle in violation of any valid restriction 23 identified on or attached to, his valid driver's license. No person shall 24 receive a driver's license unless and until he surrenders to the department 25 all driver's licenses in his possession issued to him by Idaho or any other 26 jurisdiction for use within the United States, or until he executes an affida- 27 vit that he does not possess a driver's license. No person shall be permitted 28 to have more than one (1) driver's license issued for use within the United 29 States at any time. 30 (2) Any holder of a class A, B or C commercial driver's license issued by 31 a jurisdiction other than Idaho shall apply for an Idaho-issued commercial 32 driver's license within thirty (30) days of establishing a domicile in Idaho. 33 (3) Any person operating a motorcycle, snowmobile or all-terrain 34 vehicle solely on unpaved trails or roadways located on state public lands or 35 federal public lands, which are not part of the road system of the state of 36 Idaho, a county, highway district or city, shall not be required to have a 37 valid Idaho driver's license. 38 SECTION 2. That Section 49-402, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup 41 truck and each other motor vehicle having a maximum gross weight not in excess 2 1 of eight thousand (8,000) pounds, designed for the purpose of carrying passen- 2 gers and not used for hire shall be: 3 Vehicles one (1) and two (2) years old ............................ $48.00 4 Of the registration fees collected for vehicles one (1) and two (2) years 5 old, $36.48 shall be deposited to the highway distribution account and 6 $11.52 shall be deposited to the restricted highway fund. 7 Vehicles three (3) and four (4) years old ......................... $36.00 8 Of the registration fees collected for vehicles three (3) and four (4) 9 years old, $33.48 shall be deposited to the highway distribution account 10 and $2.52 shall be deposited to the restricted highway fund. 11 Vehicles five (5) and six (6) years old ........................... $36.00 12 Of the registration fees collected for vehicles five (5) and six (6) years 13 old, $26.28 shall be deposited to the highway distribution account and 14 $9.72 shall be deposited to the restricted highway fund. 15 Vehicles seven (7) and eight (8) years old ........................ $24.00 16 Of the registration fees collected for vehicles seven (7) and eight (8) 17 years old, $22.68 shall be deposited to the highway distribution account 18 and $1.32 shall be deposited to the restricted highway fund. 19 Vehicles over eight (8) years old ................................. $24.00 20 Of the registration fees collected for vehicles over eight (8) years old, 21 $16.08 shall be deposited to the highway distribution account and $7.92 22 shall be deposited to the restricted highway fund. 23 There shall be twelve (12) registration periods, starting in January for 24 holders of validation registration stickers numbered 1, and proceeding consec- 25 utively through December for holders of validation registration stickers num- 26 bered 12, each of which shall start on the first day of a calendar month and 27 end on the last day of the twelfth month from the first day of the beginning 28 month. Registration periods shall expire midnight on the last day of the reg- 29 istration period in the year designated by the validation registration 30 sticker. The numeral digit on the validation registration stickers shall, as 31 does the registration card, fix the registration period under the staggered 32 plate system of Idaho for the purpose of reregistration and notice of expira- 33 tion. 34 A vehicle that has once been registered for any of the above designated 35 periods shall, upon reregistration, be registered for the period bearing the 36 same number, and the registration card shall show and be the exclusive proof 37 of the expiration date of registration and licensing. Vehicles may be ini- 38 tially registered for less than a twelve (12) month period, or for more than a 39 twelve (12) month period, and the fee prorated on a monthly basis if the frac- 40 tional registration tends to fulfill the purpose of the monthly series regis- 41 tration system. 42 (2) For all motor vehicles equipped to carry passengers and operated pri- 43 marily for hire exclusively within the limits of an incorporated city and 44 adjacent thereto, when the service outside the city is a part of a regular 45 service rendered inside the city, and for school buses operated either by a 46 nonprofit, nonpublic school or operated pursuant to a service contract with a 47 school district for transporting children to or from school or in connection 48 with school approved activities, the annual fee shall be twelve dollars and 49 forty-eight cents ($12.48). 50 (3) For all hearses, ambulances and wreckers the annual fee shall be 51 twenty-nine dollars and forty cents ($29.40), and these vehicles shall bear 52 passenger car plates. No operator of a hearse, ambulance, or wrecker shall be 53 entitled to operate them by virtue of any dealer's license that may have been 54 issued under the provisions of this chapter. 55 (4) For all motorcycles and all-terrain vehicles the annual fee shall be 3 1 nine dollars ($9.00). For operation of an ATV off the public highways, the fee 2 specified in section 67-7122, Idaho Code, shall also be paid.Registra-3tion exemptions provided in section 49-426(2), Idaho Code, apply to a4A ll-terrain vehicles and motorcyclesused for the5purposes describedwhich meet the criteria for exemption as spec- 6 ified inthat subsection (2)section 49-426, Idaho 7 Code, are exempt from the registration requirements of this chapter . 8 (5) For all motor homes the fee shall be as specified in subsection (1) 9 of this section and shall be in addition to the fees provided for in section 10 49-445, Idaho Code. 11 (6) Registration fees shall not be subject to refund. 12 (7) A financial institution or repossession service contracted to a 13 financial institution repossessing vehicles under the terms of a security 14 agreement shall move the vehicle from the place of repossession to the finan- 15 cial institution's place of business on a repossession plate. The repossession 16 plate shall also be used for demonstrating the vehicle to a prospective pur- 17 chaser for a period not to exceed ninety-six (96) hours. The registration fees 18 for repossession plates shall be as required in subsection (1) of this section 19 for a vehicle one (1) and two (2) years old. All other fees required under 20 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee. 21 The repossession plate shall be issued on an annual basis by the department. 22 (8) In addition to the annual registration fee in this section, there 23 shall be an initial program fee of twenty-five dollars ($25.00) and an annual 24 program fee of fifteen dollars ($15.00) for all special license plate programs 25 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408, 26 49-409, 49-414, 49-416 and 49-418, Idaho Code. For special plates issued pur- 27 suant to sections 49-406 and 49-406A, Idaho Code, there shall be an initial 28 program fee of twenty-five dollars ($25.00) but there shall be no annual 29 renewal fee. For special plates issued pursuant to sections 49-417 and 30 49-417A, Idaho Code, there shall be an initial program fee of thirty-five dol- 31 lars ($35.00) and an annual program fee of twenty-five dollars ($25.00). The 32 fees contained in this subsection shall be applicable to all new special plate 33 programs. The initial program fee and the annual program fee shall be depos- 34 ited in the state highway account and shall be used to fund the cost of admin- 35 istration of special license plate programs which are provided to the public 36 as a personal alternative to the standard license plate requirements. 37 SECTION 3. That Section 49-426, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 49-426. EXEMPTIONS FROM OPERATING FEES. The provisions of this chapter 40 with respect to operating fees shall not apply to: 41 (1) Motor vehicles owned or leased by the United States, the state, a 42 city, a county, any department thereof, any political subdivision or municipal 43 corporation of the state, any taxing district of the state, any state regis- 44 tered nonprofit subscription fire protection unit, or any organization, 45 whether incorporated or unincorporated, organized for the operation, mainte- 46 nance, or management of an irrigation project or irrigation works or system or 47 for the purpose of furnishing water to its members or shareholders, but in 48 other respects shall be applicable. 49 (2) Farm tractors, implements of husbandry, road rollers, wheel mounted 50 tar buckets, portable concrete and/or mortar mixers, wheel mounted compres- 51 sors, tow dollies, portable toilet trailers, street sweepers, and similar 52 devices as determined by the department which are temporarily operated or 53 moved upon the highways need not be registered under the provisions of this 4 1 chapter, nor shall implements of husbandry be considered towed units under 2 registration of vehicle combinations as defined in section 49-108(2), Idaho 3 Code. In addition, self-propelled wheelchairs, three-wheeled bicycles, wheel- 4 chair conveyances, golf carts, lawn mowers, and scooters operated by persons 5 who by reason of physical disability are otherwise unable to move about as 6 pedestrians shall be exempt from registration requirements under the provi- 7 sions of this chapter. 8 (3) Motorcycles and all-terrain vehicles, as defined9in section 67-7101, Idaho Code,need not be registered under the provi- 10 sions of this chapter if they are: 11 (a)while bB eing used exclusively 12 in connection with agricultural, horticultural, dairy and livestock grow- 13 ing and feeding operations or used exclusively for snow removal purposes. 14 Travel upon the public highways shall be limited to travel between farm or 15 ranch locations. Motorcycles and all-terrain vehicles used for this pur- 16 pose shall meet the requirements of section 49-619, Idaho Code ; or 17 18 (b) Used solely on unpaved trails or roadways located on state pub- 19 lic lands or federal public lands, which are not part of the road system 20 of the state of Idaho, a county, highway district or city .
STATEMENT OF PURPOSE
RS 08915
Since their invention, off-road vehicles have been ridden on
state lands and federal public lands without license plates and
without a requirement that the operator be licensed.
Recently, the Code has been interpreted by some law enforcement
officials to require operators and vehicles to be licensed.
This legislation clears up the ambiguity in Idaho Code so
neither vehicles nor operators have to be licensed when
operating off-road vehicles on unpaved roads within the Idaho
Department of Lands or on federal public lands.
FISCAL NOTE
None.
Contact: Rep. Jeff Alltus (800) 626-0471 or (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 196