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H0259......................................................by STATE AFFAIRS PARKING TICKETS - Adds to existing law to provide that a registered owner of a vehicle, or, in the case of a leased or rented vehicle, the lessee or renter, shall be considered the offender for citations issued for stopping, standing or parking the vehicle in violation of law or ordinance. 02/16 House intro - 1st rdg - to printing 02/17 Rpt prt - to Transp
H0259|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 259 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO TRAFFIC INFRACTIONS; AMENDING CHAPTER 15, TITLE 49, IDAHO CODE, BY 3 THE ADDITION OF A NEW SECTION 49-1503A, IDAHO CODE, TO PROVIDE FOR PROSE- 4 CUTING VIOLATIONS OF LAW OR ORDINANCE WHICH GOVERN THE STOPPING, STANDING 5 OR PARKING OF MOTOR VEHICLES BY A PRESUMPTION THAT THE REGISTERED OWNER, 6 OR IN THE CASE OF A LEASED OR RENTED VEHICLE, THE LESSEE OR RENTER, COM- 7 MITTED THE VIOLATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 15, Title 49, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION , to be 11 known and designated as Section 49-1503A, Idaho Code, and to read as follows: 12 49-1503A. CITATIONS FOR VIOLATIONS OF LAW OR ORDINANCE ON STOPPING, 13 STANDING OR PARKING A MOTOR VEHICLE. (1) For violations of section 49-659, 14 49-660 or 49-661, Idaho Code, officers may complete the uniform citation with 15 as much information as is available, sign the citation as served and place the 16 defendant's copy conspicuously on the offending vehicle. This service shall be 17 the same as if the officer signed the citation and personally delivered it to 18 the registered owner of the vehicle. 19 (2) In any prosecution against the registered owner of a motor vehicle 20 charging a violation of any law or ordinance governing the stopping, standing 21 or parking of a vehicle, proof that the particular vehicle described in the 22 complaint was stopped, standing, or parked in violation of such law or ordi- 23 nance, and proof that the defendant named in the complaint was the registered 24 owner of the vehicle at the time citation was issued, shall constitute prima 25 facie evidence that the registered owner of the vehicle was the person who 26 stopped or parked or allowed the vehicle to be stopped or parked, in violation 27 of law or ordinance at the time the citation was issued. For purposes of this 28 subsection, proof that a person is the registered owner of a vehicle is not 29 prima facie evidence that the registered owner has violated any other provi- 30 sion of law. Proof of a written lease or of rental agreement for a particular 31 vehicle described in the complaint on the date and time the citation was 32 issued, which lease or rental agreement includes the name and address of the 33 person to whom the vehicle was leased or rented, shall rebut the prima facie 34 evidence that the registered owner was the person who stopped or parked the 35 vehicle in violation of law or ordinance. 36 (3) In any prosecution against the lessee or renter of a motor vehicle 37 charging a violation of any law or ordinance governing the stopping, standing 38 or parking of a vehicle, proof that the particular vehicle described in the 39 complaint was stopped, standing, or parked in violation of such law or ordi- 40 nance, and proof that the defendant named in the complaint was the lessee or 41 renter of the vehicle at the time citation was issued, shall constitute prima 42 facie evidence that the lessee or renter of the vehicle was the person who 43 stopped or parked or allowed the vehicle to be stopped or parked, in violation 2 1 of law or ordinance at the time the citation was issued. For purposes of this 2 subsection, proof that a person is the lessee or renter of a vehicle is not 3 prima facie evidence that the lessee or renter has violated any other provi- 4 sion of law. 5 (4) The citation shall be dismissed if the person charged made, prior to 6 the date of the alleged violation, a bona fide sale or transfer of the vehi- 7 cle, delivered possession thereof to the purchaser, and complied with the 8 titling requirements of chapter 5, title 49, Idaho Code, including the release 9 of liability statement pursuant to section 49-526, Idaho Code. The person 10 charged shall advise the court of the name and address of the purchaser and 11 the date of the sale of the vehicle cited in the complaint.
STATEMENT OF PURPOSE
RS09007
This bill amends Idaho Code 19-3901, relating to issuing of
Uniform Citations. This would allow the Uniform Citation to be
issued to vehicles for specific existing parking regulations
only. Some jurisdictions in Idaho are unable to enforce these
regulations due to structure of highway districts who have
their own boards of commissioners. This amendment would allow
uniform enforcement throughout the State.
This amendment provides for presumption that the registered
owner is responsible for the vehicle. It also provides for
positive defenses when the vehicle has been sold.
FISCAL IMPACT
There may be a slight increase in the number of citations
processed through local courts. The cost associated with this
increase will be offset by the fees attached to the fines for
violations.
Contact: Rep. Jeff Alltus (800) 626-0471 or (208) 332-1000
Capt. Ben Wolfinger (208) 664-1511
STATEMENT OF PURPOSE/FISCAL NOTE H 259