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H0261.........................................by RESOURCES AND CONSERVATION VESSELS - Amends and adds to existing law to prohibit certain persons from operating motorized vessels without a valid driver's license and vessel operator endorsement and to provide exceptions; to provide for fees and examination of applicants for a vessel operator endorsement; to provide that a license must be carried when operating a vessel; to provide requirements for renting a motorized vessel to another person; to define "motorized vessel"; to provide that it is unlawful to operate a vessel without insurance; to require a certificate or proof of liability insurance; to provide alternate methods of proof of financial responsibility; to provide expressed, permitted and implied provisions of insurance policies; to provide for notice of cancellation or termination of insurance; to provide requirements for certificates of liability insurance; and to prohibit false certificates. 02/16 House intro - 1st rdg - to printing 02/17 Rpt prt - to Res/Con
H0261|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 261 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO BOATING; AMENDING SECTION 49-105, IDAHO CODE, TO PROVIDE DEFINI- 3 TIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-114, IDAHO 4 CODE, TO PROVIDE DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 5 SECTION 49-123, IDAHO CODE, TO PROVIDE DEFINITIONS AND TO MAKE TECHNICAL 6 CORRECTIONS; AMENDING SECTION 49-301, IDAHO CODE, TO PROHIBIT CERTAIN PER- 7 SONS FROM OPERATING MOTORIZED VESSELS WITHOUT A VALID DRIVER'S LICENSE AND 8 VESSEL OPERATOR ENDORSEMENT; AMENDING SECTION 49-302, IDAHO CODE, TO PRO- 9 VIDE EXCEPTIONS; AMENDING SECTION 49-306, IDAHO CODE, TO PROVIDE FEES AND 10 TO PROVIDE FOR DEPOSIT BY COUNTY TREASURERS AND THE STATE TREASURER AND TO 11 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-313, IDAHO CODE, TO PRO- 12 VIDE FOR EXAMINATION OF APPLICANTS FOR A VESSEL OPERATOR ENDORSEMENT; 13 AMENDING SECTION 49-316, IDAHO CODE, TO PROVIDE THAT A LICENSE MUST BE 14 CARRIED WHEN OPERATING A VESSEL; AMENDING SECTION 49-334, IDAHO CODE, TO 15 PROVIDE REQUIREMENTS FOR RENTING A MOTORIZED VESSEL TO ANOTHER PERSON; 16 AMENDING SECTION 67-7003, IDAHO CODE, TO DEFINE "MOTORIZED VESSEL"; AMEND- 17 ING CHAPTER 70, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18 67-7039, IDAHO CODE, TO REQUIRE PERSONS OPERATING VESSELS TO HAVE A 19 DRIVER'S LICENSE AND VESSEL OPERATOR ENDORSEMENT; AMENDING CHAPTER 70, 20 TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-7051, IDAHO 21 CODE, TO MAKE IT UNLAWFUL TO OPERATE A VESSEL WITHOUT INSURANCE; AMENDING 22 CHAPTER 70, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23 67-7052, IDAHO CODE, TO REQUIRE A CERTIFICATE OR PROOF OF LIABILITY INSUR- 24 ANCE; AMENDING CHAPTER 70, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW 25 SECTION 67-7053, IDAHO CODE, TO PROVIDE ALTERNATE METHODS OF PROOF OF 26 FINANCIAL RESPONSIBILITY; AMENDING CHAPTER 70, TITLE 67, IDAHO CODE, BY 27 THE ADDITION OF A NEW SECTION 67-7054, IDAHO CODE, TO PROVIDE EXPRESSED, 28 PERMITTED AND IMPLIED PROVISIONS OF INSURANCE POLICIES; AMENDING CHAPTER 29 70, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-7055, IDAHO 30 CODE, TO PROVIDE FOR NOTICE OF CANCELLATION OR TERMINATION OF INSURANCE; 31 AMENDING CHAPTER 70, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 32 TION 67-7056, IDAHO CODE, TO PROVIDE REQUIREMENTS FOR CERTIFICATES OF LIA- 33 BILITY INSURANCE; AMENDING CHAPTER 70, TITLE 67, IDAHO CODE, BY THE ADDI- 34 TION OF A NEW SECTION 67-7057, IDAHO CODE, TO PROHIBIT FALSE CERTIFICATES; 35 AND TO PROVIDE AN EFFECTIVE DATE. 36 Be It Enacted by the Legislature of the State of Idaho: 37 SECTION 1. That Section 49-105, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 49-105. DEFINITIONS -- D. 40 (1) "Dealer" means every person in the business of buying, selling or 41 exchanging five (5) or more new or used vehicles, new or used motorcycles, 42 snow machines or motor scooters, travel trailers, all-terrain vehicles or 43 motor homes in any calendar year, either outright or on conditional sale, 2 1 bailment, lease, chattel mortgage, or otherwise, or who has an established 2 place of business for the sale, lease, trade, or display of these vehicles. No 3 insurance company, bank, finance company, public utilities company, or other 4 person coming into possession of any vehicle, as an incident to its regular 5 business, who shall sell that vehicle under any contractual rights it may 6 have, shall be considered a dealer. See also "salvage pool", 7 " section 49-120, Idaho Code. 8 (2) "Dealer's selling agreement." (See "Franchise", " 9 section 49-107, Idaho Code) 10 (3) "Department" means the Idaho transportation department acting 11 directly or through its duly authorized officers and agents, except in chap- 12 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho department 13 of law enforcement, except as otherwise specifically provided. 14 (4) "Designated family member" means the spouse, child, grandchild, par- 15 ent, brother or sister of the owner of a vehicle dealership who, in the event 16 of the owner's death, is entitled to inherit the ownership interest in the 17 dealership under the same terms of the owner's will, or who has been nominated 18 in any other written instrument, or who, in the case of an incapacitated owner 19 of a dealership, has been appointed by a court as the legal representative of 20 the dealer's property. 21 (5) "Director" means the director of the Idaho transportation department, 22 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the 23 director of the Idaho department of law enforcement. 24 (6) "Disclose" means to engage in any practice or conduct to make avail- 25 able and make known personal information contained in records of the depart- 26 ment about a person to any other person, organization or entity, by any means 27 of communication. 28 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by 29 the department of commercial vehicle driving privileges. 30 (8) "Distributor" means any person, firm, association, corporation or 31 trust, resident or nonresident, who has a franchise from a manufacturer of 32 vehicles to distribute vehicles in this state, and who in whole or in part 33 sells or distributes new vehicles to dealers or who maintains distributor rep- 34 resentatives. 35 (9) "Distributor branch" means a branch office similarly maintained by a 36 distributor for the same purposes a factory branch is maintained. 37 (10) "Distributor representative" means any person, firm, association, 38 corporation or trust, and each officer and employee thereof engaged as a rep- 39 resentative of a distributor or distributor branch of vehicles for the purpose 40 of making or promoting the sale of vehicles, or for supervising or contacting 41 dealers or prospective dealers. 42 (11) "District" means: 43 (a) Business district. The territory contiguous to and including a high- 44 way when within any six hundred (600) feet along the highway there are 45 buildings in use for business or industrial purposes, including hotels, 46 banks or office buildings, railroad stations and public buildings which 47 occupy at least three hundred (300) feet of frontage on one side or three 48 hundred (300) feet collectively on both sides of the highway. 49 (b) Residential district. The territory contiguous to and including a 50 highway not comprising a business district when the property on the high- 51 way for a distance of three hundred (300) feet or more is in the main 52 improved with residences, or residences and buildings in use for business. 53 (c) Urban district. The territory contiguous to and including any highway 54 which is built up with structures devoted to business, industry or dwell- 55 ing houses. For purposes of establishing speed limits in accordance with 3 1 the provisions of section 49-654, Idaho Code, no state highway or any por- 2 tion thereof lying within the boundaries of an urban district is subject 3 to the limitations which otherwise apply to nonstate highways within an 4 urban district. Provided, this subsection shall not limit the authority of 5 the duly elected officials of an incorporated city acting as a local 6 authority to decrease speed limits on state highways passing through any 7 district within the incorporated city. 8 (12) "Documented vessel" means a vessel having a valid marine document as 9 a vessel of the United States. 10 (13) "Drag race" means the operation of two (2) or more vehicles from a 11 point side by side at accelerating speeds in a competitive attempt to outdis- 12 tance each other, or the operation of one (1) or more vehicles over a common 13 selected course, from the same point to the same point, for the purpose of 14 comparing the relative speeds or power of acceleration of the vehicles within 15 a certain distance or time limit. 16 (14) "Driver" means every person who drives or is in actual physical con- 17 trol of a vehicle. 18 (15) "Driver's license" means a license or permit issued by the department 19 or by any other jurisdiction to an individual which authorizes the individual 20 to operate a motor vehicle or commercial motor vehicle on the highways in 21 accordance with the requirements of title 49, Idaho Code , or to operate 22 a vessel on the waters of the state of Idaho in accordance with the require- 23 ments of title 67, Idaho Code . 24 (16) "Driver's license -- classes of" are issued for the operation of a 25 vehicle based on the size of the vehicle or the type of load and mean: 26 (a) Class A. This license shall be issued and valid for the operation of 27 any combination of motor vehicles with a manufacturer's gross combination 28 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, 29 provided the manufacturer's gross vehicle weight rating (GVWR) of the 30 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per- 31 sons holding a valid class A license may also operate vehicles requiring a 32 class B, C,or D license. 33 (b) Class B. This license shall be issued and valid for the operation of 34 any single vehicle with a manufacturer's gross vehicle weight rating 35 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi- 36 cle towing a vehicle not in excess of ten thousand (10,000) pounds 37 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid 38 class B license may also operate vehicles requiring a class C license or a 39 class D license. 40 (c) Class C. This license shall be issued and valid for the operation of 41 any single vehicle or combination of vehicles that does not meet the defi- 42 nition of class A or class B, as defined in this section, but that either 43 is designed to transport sixteen (16) or more people including the driver, 44 or is of any size which does not meet the definition of class A or class B 45 and is used in the transportation of materials found to be hazardous 46 according to the hazardous material transportation act and which requires 47 the motor vehicle to be placarded under the federal hazardous materials 48 regulations 49 CFR part 172, subpart F. Persons holding a valid class C 49 license may also operate vehicles requiring a class D license. 50 (d) Class D. This license shall be issued and valid for the operation of 51 a motor vehicle that is not a commercial vehicle as defined in section 52 49-123, Idaho Code. 53 (e) "Seasonal driver's license" means a special restricted class B or C 54 driver's license to operate certain commercial vehicles in farm-related 55 industries under restrictions imposed by the department. As used in this 4 1 definition, "farm-related industry" shall mean custom harvesters, farm 2 retail outlets and suppliers, agri-chemical businesses and livestock 3 feeders. Seasonal driver's licenses are not valid for driving vehicles 4 carrying any quantities of hazardous material requiring placarding, except 5 for diesel fuel in quantities of one thousand (1,000) gallons or less, 6 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of 7 husbandry with total capacities of three thousand (3,000) gallons or less, 8 and solid fertilizers, i.e., solid plant nutrients, that are not mixed 9 with any organic substance. 10 (17) "Driver record" means any record that pertains to an individual's 11 driver's license, driving permit, driving privileges, driving history, identi- 12 fication documents or other similar credentials issued by the department. 13 (18) "Driver's license endorsements" means special authorizations that are 14 required to be displayed on a driver's license which permit the driver to 15 operate certain types of commercial vehicles or commercial vehicles hauling 16 certain types of cargo, or to operate a motorcycle. 17 (a) "Endorsement T -- Double/triple trailer" means this endorsement is 18 required on a class A, B or C license to permit the licensee to operate a 19 vehicle authorized to tow more than one (1) trailer. 20 (b) "Endorsement H -- Hazardous material" means this endorsement is 21 required on a class A, B or C license if the driver is operating a vehicle 22 used in the transportation of materials found to be hazardous according to 23 the hazardous material transportation act and which requires the motor 24 vehicle to be placarded under the federal hazardous materials regulations 25 49 CFR part 172, subpart F. 26 (c) "Endorsement P -- Passenger" means this endorsement is required on a 27 class A, B or C license to permit the licensee to operate a vehicle 28 designed to transport sixteen (16) or more people including the driver. 29 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on 30 a class A, B or C license to permit the licensee to operate a vehicle 31 which is designed to transport any liquid or gaseous materials within a 32 tank that is either permanently or temporarily attached to the vehicle. 33 Such vehicles include, but are not limited to, cargo tanks and portable 34 tanks, as defined in federal regulations 49 CFR part 171. This definition 35 does not include portable tanks having a rated capacity under one thousand 36 (1,000) gallons. 37 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a 38 driver's license to permit the driver to operate a motorcycle. 39 (f) "Endorsement V -- Vessel" means this endorsement is required on 40 a driver's license to permit the driver to operate a motorized vessel of 41 more than ten (10) horsepower on the waters of the state of Idaho. 42 (19) "Driveway" means a private road giving access from a public way to a 43 building on abutting grounds. 44 (20) "Dromedary tractor" means every motor vehicle designed and used pri- 45 marily for drawing a semitrailer and so constructed as to carry manifested 46 cargo in addition to a part of the weight of the semitrailer. 47 SECTION 2. That Section 49-114, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 49-114. DEFINITIONS -- M. 50 (1) "Major component part" means a rear clip, cowl, frame or inner struc- 51 ture forward of the cowl, body, cab, front end assembly, front clip or such 52 other part which is critical to the safety of the vehicle. 53 (2) "Manifest" means a form used for identifying the quantity, composi- 5 1 tion, origin, routing, waste or material identification code and destination 2 of hazardous material or hazardous waste during any transportation within, 3 through, or to any destination in this state. 4 (3) "Manufactured home." (See section 39-4105, Idaho Code) 5 (4) "Manufacturer" means every person engaged in the business of con- 6 structing or assembling vehicles of a type required to be registered at an 7 established place of business in this state. The term, for purposes of sec- 8 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall 9 include a distributor and other factory representatives. 10 (5) "Manufacturer's year designation" means the model year designated by 11 the vehicle manufacturer, and not the year in which the vehicle is, in fact, 12 manufactured. 13 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped 14 for operation, to which shall be added the maximum load to be carried as 15 declared by the owner in making application for registration. When a vehicle 16 against which a registration or use fee is assessed is a combination of vehi- 17 cles, the term "maximum gross weight" means the combined maximum gross weights 18 of all vehicles in the combination. 19 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code) 20 (8) "Moped" means a limited-speed motor-driven cycle which is not capable 21 of propelling the vehicle at a speed in excess of thirty (30) miles per hour 22 on level ground, whether two (2) or three (3) wheels are in contact with the 23 ground during operation. If an internal combustion engine is used, the dis- 24 placement shall not exceed fifty (50) cubic centimeters and the moped shall 25 have a power drive system that functions directly or automatically without 26 clutching or shifting by the operator after the drive system is engaged. 27 (9) "Motorcycle" means every motor vehicle having a seat or saddle for 28 the use of the rider and designed to travel on not more than three (3) wheels 29 in contact with the ground, but excluding a tractor and moped. 30 (10) "Motor home" means a vehicular unit designed to provide temporary 31 living quarters, built into an integral part or permanently attached to a 32 self-propelled motor vehicle chassis. The vehicle must contain permanently 33 installed independent life support systems which meet the American National 34 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro- 35 vide at least four (4) of the following facilities: cooking, refrigeration or 36 ice box, self-contained toilet, heating and/or air conditioning, a potable 37 water supply system, including a faucet and sink, separate 110-125 volt elec- 38 trical power supply and/or LP-gas supply. 39 (11) "Motorized vessel" means any vessel propelled by machinery, 40 whether or not such machinery is the principal source of propulsion. 41 (12) "Motorized wheelchair" means a motor vehicle with a speed not 42 in excess of eight (8) miles per hour, designed for and used by a handicapped 43 person. 44 (123 ) "Motor number." (See "Identifying 45 number", " section 49-110, Idaho Code) 46 (134 ) "Motor vehicle." (See "Vehicle"47, " section 49-123, Idaho Code) 48 (145 ) "Motor vehicle liability policy" means an 49 owner's or operator's policy of liability insurance, certified as provided in 50 section 49-1210 or 49-1211, Idaho Code, as proof of financial responsibility, 51 and issued, except as otherwise provided in section 49-1211, Idaho Code, by an 52 insurance carrier duly authorized to transact business in this state, to or 53 for the benefit of the person named therein as insured. 54 (156 ) "Motor vehicle record" means any record 55 that pertains to a motor vehicle registration, motor vehicle title or identi- 6 1 fication documents or other similar credentials issued by the department or 2 other state or local agency. 3 SECTION 3. That Section 49-123, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 49-123. DEFINITIONS -- V. 6 (1) "Variable load suspension axle" means an axle or axles designed to 7 support a part of the vehicle and load and which can be regulated to vary the 8 amount of load supported by such an axle or axles and which can be deployed or 9 lifted by the operator of the vehicle. See also section 49-117, Idaho Code. 10 (a) "Fully raised" means that the variable load suspension axle is in an 11 elevated position preventing the tires on such axle from having any con- 12 tact with the roadway. 13 (b) "Fully deployed" means that the variable load suspension axle is sup- 14 porting a portion of the weight of the loaded vehicle as controlled by the 15 preset pressure regulator valve. 16 (2) "Vehicle" means: 17 (a) General. Every device in, upon, or by which any person or property is 18 or may be transported or drawn upon a highway, excepting devices used 19 exclusively upon stationary rails or tracks. 20 (b) Authorized emergency vehicle. Vehicles operated by any fire depart- 21 ment or law enforcement agency of the state of Idaho or any political sub- 22 division of the state, ambulances, vehicles belonging to personnel of vol- 23 untary fire departments while in performance of official duties only, 24 vehicles belonging to, or operated by EMS personnel certified or otherwise 25 recognized by the EMS bureau of the Idaho department of health and welfare 26 while in the performance of emergency medical services, sheriff's search 27 and rescue vehicles which are under the immediate supervision of the 28 county sheriff, wreckers which are engaged in motor vehicle recovery oper- 29 ations and are blocking part or all of one (1) or more lanes 30 of traffic, other emergency vehicles designated by the director of the 31 department of law enforcement or vehicles authorized by the Idaho trans- 32 portation board and used in the enforcement of laws specified in section 33 40-510, Idaho Code, pertaining to vehicles of ten thousand (10,000) pounds 34 or greater. 35 (c) Commercial vehicle or commercial motor vehicle. For the purposes of 36 chapter 3 of this title, (driver 's licenses), a motor vehicle 37 or combination of motor vehicles designed or used to transport passengers 38 or property if the motor vehicle: 39 1. Has a manufacturer's gross combination weight rating (GCWR) in 40 excess of twenty-six thousand (26,000) pounds inclusive of a towed 41 unit with a manufacturer's gross vehicle weight rating (GVWR) of more 42 than ten thousand (10,000) pounds; or 43 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess 44 of twenty-six thousand (26,000) pounds; or 45 3. Is designed to transport sixteen (16) or more people, including 46 the driver; or 47 4. Is of any size and is used in the transportation of materials 48 found to be hazardous for the purposes of the hazardous material 49 transportation act and which require the motor vehicle to be 50 placarded under the hazardous materials regulations (49 CFR part 172, 51 subpart F). 52 For the purposes of chapter 4 of this title (motor vehicle registration), 53 a vehicle or combination of vehicles of a type used or maintained for the 7 1 transportation of persons for hire, compensation or profit, or the trans- 2 portation of property for the owner of the vehicle, or for hire, compensa- 3 tion, or profit, and shall include fixed load specially constructed vehi- 4 cles exceeding the limits imposed by chapter 10, title 49, Idaho Code, 5 and including drilling rigs, construction, drilling and wrecker cranes, 6 log jammers, log loaders, and similar vehicles which are normally operated 7 in an overweight or oversize condition or both, but shall not include 8 those vehicles registered pursuant to sections 49-402 and 49-402A, Idaho 9 Code, or exempted by section 49-426, Idaho Code. A motor vehicle used in a 10 ridesharing arrangement that has a seating capacity for not more than fif- 11 teen (15) persons, including the driver, shall not be a "commercial vehi- 12 cle" under the provisions of this title relating to equipment require- 13 ments, rules of the road, or registration. 14 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer 15 or rancher, which are operated over public highways, and used exclusively 16 to transport unprocessed agricultural, dairy or livestock products raised, 17 owned and grown by the owner of the vehicle to market or place of storage; 18 and shall include the transportation by the farmer or rancher of any 19 equipment, supplies or products purchased by that farmer or rancher for 20 his own use, and used in the farming or ranching operation or used by a 21 farmer partly in transporting agricultural products or livestock from the 22 farm of another farmer that were originally grown or raised on the farm, 23 or when used partly in transporting agricultural supplies, equipment, 24 materials or livestock to the farm of another farmer for use or consump- 25 tion on the farm but not transported for hire, and shall not include vehi- 26 cles of husbandry or vehicles registered pursuant to sections 49-402 and 27 49-402A, Idaho Code. 28 (e) Foreign vehicle. Every vehicle of a type required to be registered 29 under the provisions of this title brought into this state from another 30 state, territory or country other than in the ordinary course of business 31 by or through a manufacturer or dealer and not registered in this state. 32 (f) Glider kit vehicle. Every large truck manufactured from a kit manu- 33 factured by a manufacturer of large trucks which consists of a frame, cab 34 complete with wiring, instruments, fenders and hood and front axles and 35 wheels. The "glider kit" is made into a complete assembly by the addition 36 of the engine, transmission, rear axles, wheels and tires. 37 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi- 38 cle which is propelled by electric power obtained from overhead trolley 39 wires but not operated upon rails, except vehicles moved solely by human 40 power and motorized wheelchairs. 41 (h) Multipurpose passenger vehicle (MPV). For the purposes of section 42 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer 43 persons which is constructed either on a truck chassis or with special 44 features for occasional off-road operation. 45 (i) Noncommercial vehicle. For the purposes of chapter 4 of this title, 46 (motor vehicle registration), a noncommercial vehicle shall not include 47 those vehicles required to be registered under sections 49-402 and 48 49-402A, Idaho Code, and means all other vehicles or combinations of vehi- 49 cles which are not commercial vehicles or farm vehicles, but shall include 50 motor homes. A noncommercial vehicle shall include those vehicles having a 51 combined gross weight not in excess of sixty thousand (60,000) pounds and 52 not held out for hire, used for purposes related to private use and not 53 used in the furtherance of a business or occupation for compensation or 54 profit or for transporting goods for other than the owner. 55 (j) Passenger car. For the purposes of section 49-966, Idaho Code, a 8 1 motor vehicle, except a multipurpose passenger vehicle, motorcycle or 2 trailer, designed to carry ten (10) or fewer persons. 3 (k) Reconstructed or repaired vehicle. Every vehicle that has been 4 rebuilt or repaired using like make and model parts and visually appears 5 as a vehicle that was originally constructed under a distinctive manufac- 6 turer. This includes a salvage vehicle which is damaged to the extent that 7 a "reconstructed vehicle" or "repaired vehicle" brand is required, and 8 other vehicles which have been reconstructed by the use of a kit designed 9 to be used to construct an exact replica of a vehicle which was previously 10 constructed under a distinctive name, make, model or type by a generally 11 recognized manufacturer of vehicles. A glider kit vehicle is not a recon- 12 structed vehicle. 13 (l) Salvage vehicle. Any vehicle for which a salvage certificate, salvage 14 bill of sale or other documentation showing evidence that the vehicle has 15 been declared salvage or which has been damaged to the extent that the 16 owner, or an insurer, or other person acting on behalf of the owner, 17 determines that the cost of parts and labor minus the salvage value makes 18 it uneconomical to repair or rebuild. When an insurance company has paid 19 money or has made other monetary settlement as compensation for a total 20 loss of any motor vehicle, such motor vehicle shall be considered to be a 21 salvage vehicle. 22 (m) Specially constructed vehicle. Every vehicle of a type required to be 23 registered not originally constructed under a distinctive name, make, 24 model or type by a generally recognized manufacturer of vehicles and not 25 materially altered from its original construction and cannot be visually 26 identified as a vehicle produced by a particular manufacturer. This 27 includes: 28 1. A vehicle that has been structurally modified so that it does not 29 have the same appearance as a similar vehicle from the same manufac- 30 turer; or 31 2. A vehicle that has been constructed entirely from homemade parts 32 and materials not obtained from other vehicles; or 33 3. A vehicle that has been constructed by using major component 34 parts from one (1) or more manufactured vehicles and 35 cannot be identified as a specific make or model; or 36 4. A vehicle constructed by the use of a custom kit that cannot be 37 visually identified as a specific make or model. 38 (n) Total loss vehicle. Every vehicle that is deemed to be uneconomical 39 to repair due to scrapping, dismantling or destruction. A total loss shall 40 occur when an insurance company or any other person pays or makes other 41 monetary settlement to the owner when it is deemed to be uneconomical to 42 repair the damaged vehicle. The compensation for total loss as defined 43 herein shall not include payments by an insurer or other person for medi- 44 cal care, bodily injury, vehicle rental or for anything other than the 45 amount paid for the actual damage to the vehicle. 46 (3) "Vehicle identification number." (See "Identifying number"47, " section 49-110, Idaho Code) 48 (4) "Vehicle salesman" means any person who, for a salary, commission or 49 compensation of any kind, is employed either directly or indirectly, or regu- 50 larly or occasionally by any dealer to sell, purchase or exchange, or to nego- 51 tiate for the sale, purchase or exchange of vehicles. (See also "full-time 52 salesman", " section 49-107, Idaho Code, and 53 "part-time salesman", " section 49-117, Idaho Code) 54 (5) "Vessel." (See section 67-7003, Idaho Code) 55 (6) "Veteran." (See section 65-509, Idaho Code) 9 1 (67 ) "Violation" means a conviction of a misde- 2 meanor charge involving a moving traffic violation, or an admission or judi- 3 cial determination of the commission of an infraction involving a moving traf- 4 fic infraction, except bicycle infractions. 5 SECTION 4. That Section 49-301, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 49-301. DRIVERS TO BE LICENSED. (1) No person, except those expressly 8 exempted by the provisions of this chapter, shall drive any motor vehicle upon 9 a highway unless the person has a valid Idaho driver's license. No person 10 shall operate a motorcycle upon a highway unless he has a motorcycle endorse- 11 ment on his valid driver's license. No person shall operate a commercial motor 12 vehicle as defined in section 49-123, Idaho Code, upon a highway unless he has 13 a seasonal or class A, B or C driver's license with required endorsements. 14 It shall be unlawful for any person born on or after January 1, 1984, to 15 operate a motorized vessel, as defined in section 67-7003, Idaho Code, of more 16 than ten (10) horsepower on the waters of this state without possessing a 17 valid driver's license and the vessel operator endorsement prescribed in this 18 title. No person shall operate a motor vehicle in violation of any 19 valid restriction identified on or attached to, his valid driver's license. No 20 person shall receive a driver's license unless and until he surrenders to the 21 department all driver's licenses in his possession issued to him by Idaho or 22 any other jurisdiction for use within the United States, or until he executes 23 an affidavit that he does not possess a driver's license. No person shall be 24 permitted to have more than one (1) driver's license issued for use within the 25 United States at any time. 26 (2) Any holder of a class A, B or C commercial driver's license issued by 27 a jurisdiction other than Idaho shall apply for an Idaho-issued commercial 28 driver's license within thirty (30) days of establishing a domicile in Idaho. 29 SECTION 5. That Section 49-302, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 49-302. WHAT PERSONS ARE EXEMPT FROM LICENSE. The following persons are 32 exempt from licensing if driving privileges are not suspended, cancelled, 33 revoked, disqualified, denied or refused: 34 (1) Any person while driving or operating any farm tractor or implement 35 of husbandry when incidentally operated on a highway. 36 (2) Farmers are exempt from obtaining a class A, B or C driver's license 37 to operate a commercial motor vehicle which is: 38 (a) Controlled and operated by a farmer, including operation by employees 39 or family members; and 40 (b) Used to transport either agricultural products, farm machinery, farm 41 supplies, or both, to or from a farm; and 42 (c) Not used in the operations of a common or contract motor carrier; and 43 (d) Used within one hundred fifty (150) miles of the person's farm. 44 (3) Any person is exempt from obtaining a class A, B or C driver's 45 license for the operation of commercial motor vehicles which are necessary to 46 the preservation of life or property or the execution of emergency governmen- 47 tal functions, are equipped with audible and visual signals, and are not sub- 48 ject to normal traffic regulations. 49 (4) Any person is exempt from obtaining a class A, B or C license to 50 operate a commercial vehicle which is exclusively used to transport personal 51 possessions or family members for nonbusiness or recreational purposes. 10 1 (5) A nonresident who is at least fifteen (15) years of age and who has 2 in his immediate possession a valid driver's license issued to him in his home 3 state or country may operate a motor vehicle in Idaho only as a class D opera- 4 tor with driving privileges restricted to daylight hours only, and with full 5 privileges at sixteen (16) years of age, and only if Idaho residency is not 6 established. 7 (6) A nonresident who is at least fifteen (15) years of age and who has 8 in his possession a valid driver's license with a motorcycle endorsement or 9 who has a valid motorcycle driver's license issued to him in his home state or 10 country may operate a motorcycle in Idaho with driving privileges restricted 11 to daylight hours only, and with full privileges at sixteen (16) years of age. 12 (7) A nonresident who has in his immediate possession a valid commercial 13 driver's license issued to him in his home state or country may operate a 14 motor vehicle in Idaho. 15 (8) A nonresident on active duty in the armed forces of the United States 16 who has a valid driver's license issued by his home jurisdiction, and such 17 nonresident's spouse or dependent son or daughter who has a valid driver's 18 license issued by such person's home jurisdiction. 19 (9) Any active duty military personnel, active duty U.S. coast guard per- 20 sonnel, and members of the reserves and national guard on active duty includ- 21 ing personnel on full-time national guard duty, personnel on part-time train- 22 ing and national guard military technicians who as civilians are required to 23 wear military uniforms and are subject to the code of military justice, are 24 exempt from obtaining a commercial driver's license to operate military vehi- 25 cles. This exemption does not apply to U.S. reserve technicians. 26 (10) Any person younger than sixteen (16) years of age may operate a 27 vessel of more than ten (10) horsepower on the waters of this state without a 28 driver's license and vessel operation endorsement if another person who is 29 eighteen (18) years of age or older is on board the vessel. 30 (11) A nonresident who was born on or after January 1, 1984, and who has 31 in his possession a valid driver's license with a vessel operation endorsement 32 issued to him in his home state or country or who has in his immediate posses- 33 sion a valid vessel operator course completion certificate from a course 34 approved by the national association of state boating law administrators may 35 operate a motorized vessel of more than ten (10) horsepower without a driver's 36 license and vessel operation endorsement on the waters of this state. 37 SECTION 6. That Section 49-306, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 49-306. APPLICATION FOR DRIVER'S LICENSE OR INSTRUCTION PERMIT. (1) Every 40 application for an instruction permit or for a driver's license shall be made 41 upon a form furnished by the department and shall be verified by the applicant 42 before a person authorized to administer oaths. Officers and employees of the 43 department and sheriffs and their deputies are authorized to administer the 44 oaths without charge. Every application for a permit, extension or driver's 45 license shall be accompanied by the following fee, none of which is refund- 46 able: 47 (a) Class A, B, C license with endorsements ...................... $24.50 48 (b) Class D license .............................................. $20.50 49 (c) Class A, B, C instruction permit ............................. $15.50 50 (d) Class D instruction permit ................................... $11.50 51 (e) Duplicate driver's license or permit issued under section 49-318, 52 Idaho Code ........................................................ $11.50 53 (f) Driver's license extension issued under section 49-319, Idaho Code 11 1 ................................................................... $ 6.50 2 (g) License classification change (upgrade) ...................... $15.50 3 (h) Endorsement addition ......................................... $11.50 4 (i) Class A, B, C skills tests ..................... not more than $55.00 5 (j) Class D skills test .......................................... $15.00 6 (k) Motorcycle endorsement skills test ............................$ 5.00 7 (l) Knowledge test ............................................... $ 3.00 8 (m) Seasonal driver's license..................................... $23.50 9 (n) One time motorcycle "M" endorsement .......................... $11.50 10 (o) Motorcycle endorsement instruction permit .................... $11.50 11 (p) Restricted driving permit .................................... $35.00 12 (q) Vessel operator endorsement ............................ $11.50 13 (r) Vessel operator endorsement knowledge test ............ $ 3.00 14 (2) Every application shall state the full name, date of birth, place of 15 birth, sex, Idaho residence address and mailing address, if different, of the 16 applicant, height, weight, hair color, and eye color, and the applicant's 17 social security number as verified by the applicant's social security card or 18 by the social security administration. A driver's license or instruction per- 19 mit issued on and after January 1, 1993, shall not contain an applicant's 20 social security number. Applications on file shall be exempt from disclosure 21 except as provided in sections 49-202, 49-203, 49-203A and 49-204, Idaho Code. 22 Every application shall also state whether the applicant has previously been 23 licensed as a driver, and if so, when and by what state or country, and 24 whether a driver's license or privileges have ever been suspended, revoked, 25 denied, disqualified, cancelled or whether an application has ever been 26 refused, and if so, the date of and reason for the suspension, revocation, 27 denial, disqualification, cancellation or refusal and the applicant's oath 28 that all information is correct as signified by the applicant's signature. The 29 applicant may be required to submit proof of identity and date of birth as set 30 forth in a certified copy of his birth certificate and other satisfactory evi- 31 dence to satisfy the issuing officer or the department. 32 (3) Whenever an application is received from a person previously licensed 33 in another jurisdiction, the department shall request a copy of the driver's 34 record from the other jurisdiction and shall contact the national driver reg- 35 ister. When received, the driver's record from the previous jurisdiction shall 36 become a part of the driver's record in this state with the same force and 37 effect as though entered on the driver's record in this state in the original 38 instance. 39 (4) Whenever the department receives a request for a driver's record from 40 another licensing jurisdiction, the record shall be forwarded without charge. 41 (5) The department shall contact and notify the commercial driver license 42 information system of the proposed application for a class A, B or C driver's 43 license to insure identification of the person and to obtain clearance to 44 issue the license. 45 (6) When the fees required under this section are collected by a county 46 officer, they shall be paid over to the county treasurer not less often than 47 monthly, who shall immediately: 48 (a) Deposit an amount equal to five dollars ($5.00) from each driver's 49 license or instruction permit application fees, application for a dupli- 50 cate driver's license or permit, classification change, seasonal driver's 51 license and additional endorsement in the current expense fund; and 52 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle 53 endorsement and motorcycle endorsement instruction permit fee in the cur- 54 rent expense fund; and 55 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a 12 1 knowledge test or vessel operator endorsement knowledge examination 2 in the current expense fund; and 3 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a 4 motorcycle endorsement skills test in the current expense fund; provided 5 however, if a contractor administers the skills test he shall be entitled 6 to the five dollar ($5.00) fee; 7 (e) Deposit six dollars and fifty cents ($6.50) from each vessel 8 operator endorsement in the county vessel account created in section 9 67-7013, Idaho Code; 10 (f) Remit the remainder to the state treasurer; and 11 (fg ) Deposit eleven dollars and fifty cents 12 ($11.50) from each fee for a class D skills test into the county current 13 expense fund, unless the test is administered by a department-approved 14 contractor, in which case the contractor shall be entitled to eleven dol- 15 lars and fifty cents ($11.50) of each fee. 16 (7) When the fees required under this section are collected by a state 17 officer or agency, they shall be paid over to the state treasurer. 18 (8) The state treasurer shall distribute the moneys received from fees 19 imposed by the provisions of this section, whether collected by a county offi- 20 cer or by a state officer or agency as follows: 21 (a) Two dollars ($2.00) of each fee for a driver's license or seasonal 22 driver's license shall be deposited in the emergency medical services 23 account II created in section 39-146A, Idaho Code; and 24 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal 25 or class A, B,or C driver's license shall be deposited in 26 the state highway account; and 27 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, 28 B,or C instruction permit or driver's license classification 29 change shall be deposited in the state highway account; and 30 (d) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea- 31 sonal or class A, B,or C driver's license, class A, B,32or C driver's license extension, or additional endorsement shall be 33 deposited in the state highway account; and 34 (e) Four dollars ($4.00) of each fee for a motorcycle endorsement and 35 motorcycle endorsement instruction permit shall be deposited in the state 36 highway account; and 37 (f) Five dollars and thirty cents ($5.30) of each fee for a class D 38 driver's license shall be deposited in the driver training account; and 39 (g) Seven dollars and twenty cents ($7.20) of each fee for a class D 40 driver's license shall be deposited in the highway distribution account; 41 and 42 (h) Two dollars and sixty cents ($2.60) of each fee for a class D 43 instruction permit, duplicate class D license or permit, and class D 44 license extension shall be deposited in the driver training account; and 45 (i) Three dollars and ninety cents ($3.90) of each fee for a class D 46 instruction permit, duplicate class D license or permit, and class D 47 license extension shall be deposited in the highway distribution account; 48 and 49 (j) Five dollars ($5.00) of each fee for a class A, B,or C 50 skills test shall be deposited in the state highway account; and 51 (k) One dollar ($1.00) of each fee for a class A, B, C or D driver's 52 license shall be deposited in the motorcycle safety program fund estab- 53 lished in section 33-4904, Idaho Code.; and 54 (l) Three dollars and fifty cents ($3.50) of each fee for a class D 55 skills test shall be deposited into the state highway account ; and 13 1 (m) Six dollars and fifty cents ($6.50) of each vessel operator endorse- 2 ment shall be deposited in the state vessel account created in section 3 67-7013, Idaho Code . 4 (9) The contractor administering a class A, B,or C skills 5 test shall be entitled to not more than fifty dollars ($50.00) of the skills 6 test fee. A contractor administering a class A, B,or C skills 7 test may collect an additional fee for the use of the contractor's vehicle for 8 the skills test. 9 (10) Thirty-five dollars ($35.00) of each restricted driving permit shall 10 be deposited in the state highway account. 11 (11) The department may issue seasonal class B or C driver's licenses 12 that: 13 (a) Will only be valid for driving commercial vehicles that normally 14 require class B or C commercial driver's licenses; 15 (b) Will be valid for seasonal periods that begin on the date of issuance 16 and that are not to exceed one hundred eighty (180) days in a twelve (12) 17 month period; 18 (c) May only be obtained twice in a driver's lifetime; 19 (d) Are valid only within a one hundred fifty (150) mile radius of the 20 place of business or farm being serviced; and 21 (e) Will be valid only in conjunction with valid Idaho class D driver's 22 licenses. 23 (12) The department may issue seasonal class B or C driver's licenses to 24 drivers who: 25 (a) Have not violated the single license provisions of 49 CFR part 383; 26 (b) Have not had any license suspensions, revocations or cancellations; 27 (c) Have not had any convictions in any vehicle for any offense listed in 28 section 49-335(1) or 49-335(2), Idaho Code, or any one (1) serious traffic 29 offense; 30 (d) Have at least one (1) year of driving experience with a class D or 31 equivalent license in any type motor vehicle; and 32 (e) Are at least sixteen (16) years old. 33 SECTION 7. That Section 49-313, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 49-313. EXAMINATION OF APPLICANTS. (1) The sheriff, his deputy or autho- 36 rized agents of the department shall examine every applicant for an instruc- 37 tion permit, seasonal driver's license, or a driver's license or a motorcycle 38 endorsement, except as otherwise provided by law. The examination shall 39 include a test of the applicant's eyesight, his ability to read and understand 40 highway signs regulating, warning, and directing traffic. A skills test shall 41 be required for an applicant who has not been previously licensed for the 42 class of license requested, or who holds a license issued by another country 43 unless a reciprocal agreement is in force. However, a skills test may be 44 required for any and all other applicants at the discretion of the examiner or 45 department for a class A, B, C or D driver's license or a motorcycle endorse- 46 ment. In addition, the applicant's knowledge of traffic laws of this state and 47 when a motorcycle endorsement is applied for, the applicant's knowledge of 48 safe motorcycle operating practices and traffic laws specifically relating to 49 motorcycle operation shall be tested by a written examination, except as pro- 50 vided in section 49-319, Idaho Code. At the discretion of the examiner, the 51 prescribed written examination may be conducted orally. 52 (2) The knowledge and skill examinations for applicants for driver's 53 licenses in class A, B or C shall be conducted in compliance with 49 CFR part 14 1 383. 2 (3) The skill test for a class A, B, C or D driver's license or for any 3 endorsement shall be given by the department or its authorized agents. The 4 skills examiner for a motorcycle endorsement shall be certified by the depart- 5 ment of education. 6 (4) Any person who has successfully completed an approved driver training 7 course and who applies for a driver's license more than three (3) months after 8 completion of the driver training course shall be required to retake the skill 9 test in addition to any other tests required upon application for a driver's 10 license. 11 (5) The department shall not issue a tank, double/triple trailer, or haz- 12 ardous material endorsement unless the applicant, in addition to all other 13 applicable qualifications, has passed an appropriate knowledge test. The 14 department shall not issue a passenger endorsement unless the applicant, in 15 addition to all other applicable qualifications, has passed an appropriate 16 knowledge and skills test. 17 (6) Any person failing to pass a knowledge or skill test for a class A, 18 B, C or D driver's license, or a knowledge test for a seasonal driver's 19 license, or any endorsement may not retake the test within three (3) business 20 days of the failure. 21 (7) Any person retaking a knowledge or skill test for a driver's license 22 shall pay the appropriate testing fee as specified in section 49-306, Idaho 23 Code. 24 (8) The motorcycle skills test for a motorcycle endorsement shall be 25 waived by the department: 26 (a) On and after September 1, 1998, if the applicant presents satisfac- 27 tory evidence of successful completion of a recognized motorcycle rider 28 training course approved by the department of education; 29 (b) On and after September 1, 1998, if the applicant presents evidence of 30 a motorcycle endorsement on his current license by a state or province 31 which requires a motorcycle skills test equivalent to that required by 32 Idaho law as determined by the department of education; 33 (c) Until September 1, 1998. 34 (9) At the discretion of the department, an alternate skills test for the 35 motorcycle endorsement may be administered when the endorsement is for opera- 36 tion of a three-wheeled motorcycle only. 37 (10) The department or its authorized agents may refuse to give an appli- 38 cant a skills test if there are reasonable grounds to believe that the safety 39 of the applicant, public, or the examiner would be jeopardized by doing so. 40 Reasonable grounds would include, but not be limited to, the applicant's 41 inability to pass the eye test, written tests, or a statement by a licensed 42 physician stating the applicant is not physically able to drive a motor vehi- 43 cle. 44 (11) The department or its authorized agents may deny issuance or renewal 45 of a driver's license or endorsement to any applicant who does not meet the 46 licensing requirements for the class of driver's license or endorsement being 47 renewed or issued. 48 (12) Skill examinations for seasonal driver's licenses shall be waived. 49 (13) A written knowledge examination developed by the state boating 50 law administrator, as defined in section 67-7003, Idaho Code, shall be 51 required for an applicant of a vessel operator endorsement. Each applicant 52 for a vessel operator endorsement must provide written proof of satisfactory 53 completion of a course in safe boating approved by the national association of 54 state boating law administrators. 15 1 SECTION 8. That Section 49-316, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 49-316. DRIVER'S LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND. Every 4 licensee shall have his driver's license in his immediate possession at all 5 times when operating a motor vehicle , or motorized vessel of more than 6 ten (10) horsepower, and shall, upon demand, surrender the driver's 7 license into the hands of a peace officer for his inspection. However, no per- 8 son charged with a violation of the provisions of this section shall be con- 9 victed if a driver's license issued to the person and valid at the time of his 10 arrest is produced in court. 11 SECTION 9. That Section 49-334, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-334. RENTING MOTOR VEHICLE TO ANOTHER. (1) No person shall rent a 14 motor vehicle , or a motorized vessel of more than ten (10) horsepower, 15 to any other person unless the latter person is then licensed or, in 16 the case of a nonresident, then licensed under the laws of the state or coun- 17 try of his residence, except a nonresident whose home state or country does 18 not require that any operator be licensed. 19 (2) No person shall rent a motor vehicle to another until he has 20 inspected the driver's license of the person to whom the vehicle is to be 21 rented and compared and verified the signature thereon with the signature of 22 the person written in his presence. 23 (3) Every person renting a motor vehicle , or a motorized vessel of 24 more than ten (10) horsepower, to another shall keep a record of the 25 registration number of the motor vehicle , or the motorized vessel of 26 more than ten (10) horsepower, so rented, the name and address of the 27 person to whom the vehicle is rented, the number of the license of the latter 28 person and the date and place when and where the license was issued. This 29 record shall be open to inspection by any peace officer or officer or employee 30 of the department. 31 SECTION 10. That Section 67-7003, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 67-7003. DEFINITIONS. In this chapter: 34 (1) "Actual physical control" means being in the operator's position of 35 the vessel with the motor running or with the vessel moving. 36 (2) "Aids to navigation" means such buoys, batons, markers or other fixed 37 objects in the water which are established and used to mark obstructions or to 38 direct navigation through separate channels. 39 (3) "Authorized vendor" means a retail/commercial enterprise or govern- 40 ment office authorized by the department to sell certificates of registration 41 as provided in section 67-7008, Idaho Code. 42 (4) "Boating law administrator" means the staff person of the Idaho 43 department of parks and recreation appointed by the director and who super- 44 vises the boating program. 45 (5) "Commercial vessel" means any vessel used in the carriage of any per- 46 son, persons or property for a valuable consideration, whether directly or 47 indirectly flowing to the owner, partner, agent or any other person interested 48 in the vessel. 49 (6) "Department" means the Idaho department of parks and recreation. 50 (7) "Director" means the director of the Idaho department of parks and 16 1 recreation. 2 (8) "Float house" means a floating structure which is designed and built 3 to be used, or is modified to be used, as a stationary waterborne residential 4 dwelling, has no mode of power of its own, is dependent for utilities upon a 5 continuous utility linkage to a source originating on shore, and has a perma- 6 nent continuous connection to a sewage system on shore. 7 (9) "Float tube" means any vessel constructed of canvas, nylon or other 8 material encasing an inflatable inner tube which allows the operator to sit 9 inside with his legs dangling below the vessel. 10 (10) "Length of vessel" means the distance measured at the centerline at 11 the highest point above the waterline from the fore-part of the outer hull at 12 the bow to the aft-part of the outer hull at the stern, excepting any 13 bowsprits, railings or extraneous or additional equipment. 14 (11) "Manufacturer" means any person who is engaged in the business of 15 manufacturing or importing new and unused vessels for the purpose of sale or 16 trade. 17 (12) "Motorized vessel" means any vessel propelled by machinery, 18 whether or not the machinery is the principal source of propulsion. 19 (13) "Operate" means to navigate or otherwise use a vessel on the 20 water of this state. 21 (134 ) "Operator" means any person who controls 22 the direction or propulsion of any vessel on the water of this state. 23 (145 ) "Owner" means any person having a property 24 interest in or entitled to the use or possession of a vessel, including a per- 25 son entitled to use or possession subject to the interest in another person 26 reserved or created by agreement and securing payment of performance of an 27 obligation, but not including a lessee under lease not intended as security. 28 (156 ) "Passenger" means every person carried 29 aboard a vessel other than: 30 (a) The owner or his representative; 31 (b) The operator; 32 (c) A bona fide member of the crew engaged in the business of the vessel 33 who has contributed no consideration for carriage and who is paid for his 34 services; or 35 (d) Any guest on board a vessel which is used exclusively for pleasure 36 purposes who has not contributed any consideration directly or indirectly 37 for his carriage. 38 (167 ) "Person" means any individual, firm, part- 39 nership, corporation, company, association, joint stock association, or body 40 politic, except the United States and the state of Idaho, and includes any 41 agent, trustee, executor, reserve assignee or similar representative of any of 42 the above. 43 (178 ) "Personal watercraft" means a small vessel 44 which uses an outboard motor or an inboard motor powering a water jet pump as 45 its primary source of power and is designed to be operated by a person sit- 46 ting, standing or kneeling on, rather than in the conventional manner of sit- 47 ting or standing inside the vessel. 48 (189 ) "Private label merchandiser" means any 49 person engaged in the business of selling or distributing, under his own 50 trade name, vessels manufactured by another. 51 (1920 ) "Regatta," "Race," "Marine Event," 52 "Tournament," or "Exhibition" means an organized water event of limited dura- 53 tion which is conducted according to a prearranged schedule. 54 (201 ) "Regulatory markers" means any fixed or 55 anchored aid to navigation which is established and used, but is not limited 17 1 to, the bathing beach markers, speed zone markers, information markers, swim- 2 ming or diving markers, floating mooring buoys, fishing buoys or markers for 3 ski courses or jumps. 4 (212 ) "Rules of the road" means the statutory 5 and regulatory rules governing the navigation of vessels as published by the 6 United States Coast Guard in Navigational Rules International -- Inland. 7 (223 ) "Vessel" means every description of water- 8 craft, including a seaplane on the water, used or capable of being used as a 9 means of transportation on water, but does not include float houses, diver's 10 aids operated and designed primarily to propel a diver below the surface of 11 the water, and nonmotorized devices not designed or modified to be used as a 12 means of transportation on the water, such as inflatable air mattresses, sin- 13 gle inner tubes, and beach and water toys. 14 (234 ) "Water of this state" means any waters in 15 the state of Idaho over which the state has jurisdiction. 16 SECTION 11. That Chapter 70, Title 67, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION , to be 18 known and designated as Section 67-7039, Idaho Code, and to read as follows: 19 67-7039. VESSEL OPERATOR LICENSING. It shall be unlawful for any person 20 to operate a vessel on the waters of this state without a driver's license and 21 vessel operator endorsement as prescribed in title 49, Idaho Code. 22 SECTION 12. That Chapter 70, Title 67, Idaho Code, be, and the same is 23 hereby amended by the addition thereto of a NEW SECTION , to be 24 known and designated as Section 67-7051, Idaho Code, and to read as follows: 25 67-7051. FINANCIAL RESPONSIBILITY. (1) It shall be unlawful for any per- 26 son to operate a vessel upon waters of this state without a valid policy of 27 liability insurance in full force and effect in an amount not less than that 28 provided in section 49-117, Idaho Code, or unless the person has been issued a 29 certificate of self-insurance pursuant to section 49-1224, Idaho Code, or has 30 previously posted an indemnity bond with the director of insurance as provided 31 in section 49-1229, Idaho Code. This section shall only apply to motorized 32 vessels greater than ten (10) horsepower which are numbered and registered in 33 Idaho and shall not apply with respect to any vessel owned by the United 34 States, the state, any municipality or other political subdivision. 35 (2) It is an infraction punishable by a fine of seventy-five dollars 36 ($75.00) for any person to violate the provisions of this section. 37 SECTION 13. That Chapter 70, Title 67, Idaho Code, be, and the same is 38 hereby amended by the addition thereto of a NEW SECTION , to be 39 known and designated as Section 67-7052, Idaho Code, and to read as follows: 40 67-7052. CERTIFICATE OR PROOF OF LIABILITY INSURANCE TO BE CARRIED IN 41 VESSEL. (1) A certificate or proof of liability insurance shall be in the pos- 42 session of the operator of every vessel or present in every vessel required to 43 maintain liability insurance as prescribed in this chapter at all times when 44 the vessel is operated on the waters of this state. The certificate or proof 45 of liability insurance shall be provided for inspection to any peace officer 46 upon request to the operator of any vessel. No person shall be convicted of 47 violating this section if that person produces, at any time prior to convic- 48 tion, the certificate or proof of liability insurance covering the vessel that 49 the person is accused of operating in violation of this section, where the 18 1 certificate or proof of liability insurance demonstrates the existence of lia- 2 bility insurance described in section 67-7054, Idaho Code, which was in effect 3 at the time of occurrence of the violation. 4 (2) It is an infraction punishable by a fine of seventy-five dollars 5 ($75.00) for any person to violate the provisions of this section. 6 SECTION 14. That Chapter 70, Title 67, Idaho Code, be, and the same is 7 hereby amended by the addition thereto of a NEW SECTION , to be 8 known and designated as Section 67-7053, Idaho Code, and to read as follows: 9 67-7053. ALTERNATE METHODS OF GIVING PROOF. Proof of financial responsi- 10 bility shall be furnished for each vessel registered by any person required to 11 give proof and may be given by filing: 12 (1) A certificate of insurance as provided in section 49-1210, Idaho 13 Code; or 14 (2) A bond as provided in section 49-1215, Idaho Code; or 15 (3) A certificate of deposit of money or securities as provided in sec- 16 tion 49-1216, Idaho Code; or 17 (4) A certificate of self-insurance as provided in section 49-1224, Idaho 18 Code. 19 SECTION 15. That Chapter 70, Title 67, Idaho Code, be, and the same is 20 hereby amended by the addition thereto of a NEW SECTION , to be 21 known and designated as Section 67-7054, Idaho Code, and to read as follows: 22 67-7054. EXPRESSED, PERMITTED AND IMPLIED PROVISIONS OF MOTOR VEHICLE 23 LIABILITY POLICY. (1) An owner's policy of liability insurance shall: 24 (a) Designate by explicit description or by appropriate reference all 25 vessels with respect to which coverage is to be granted; and 26 (b) Insure the person named therein and any other person, as insured, 27 using any such described vessels with the express or implied permission of 28 the named insured, against loss from the liability imposed by law for dam- 29 ages arising out of the ownership, maintenance or use of the vessels 30 within the United States of America or the Dominion of Canada, subject to 31 limits exclusive of interest and costs, with respect to each vessel, as 32 provided in section 49-117, Idaho Code. 33 (2) An operator's policy of liability insurance shall insure the person 34 named as insured therein against loss from the liability imposed upon him by 35 law for damages arising out of the use by him of any vessel not owned by him, 36 within the same territorial limits and subject to the same limits of liability 37 as are set forth in subsection (1) of this section with respect to an owner's 38 policy of liability insurance. 39 (3) A vessel liability policy shall state the name and address of the 40 named insured, the coverage afforded by the policy, the premium charged there- 41 for, the policy period and the limits of liability, and shall contain an 42 agreement or be indorsed that insurance is provided in accordance with the 43 coverage defined in this chapter as respects bodily injury and death or prop- 44 erty damage, or both, and is subject to all the provisions of this chapter. 45 (4) A vessel liability policy shall not insure any liability under any 46 worker's compensation law as provided in title 72, Idaho Code, nor any liabil- 47 ity on account of bodily injury to or death of an employee of the insured 48 while engaged in the employment, other than domestic, of the insured, or while 49 engaged in the operation, maintenance or repair of any described vessel nor 50 any liability for damage to property owned by, rented to, in charge of or 51 transported by the insured. 19 1 (5) Every vessel liability policy shall be subject to the following pro- 2 visions which need not be contained therein: 3 (a) The policy may not be cancelled or annulled as to any liability by 4 any agreement between the insurance carrier and the insured after the 5 occurrence of any injury or damage covered by the vessel liability policy. 6 (b) Satisfaction by the insured of a judgment for injury or damage shall 7 not be a condition precedent to the right or duty of the insurance carrier 8 to make payment on account of the injury or damage. 9 (c) The insurance carrier shall have the right to settle any claim cov- 10 ered by the policy, and if the settlement is made in good faith, the 11 amount shall be deductible from the limits of liability specified in sub- 12 section (1)(b) of this section. 13 (d) The policy and its written application, if any, and any rider or 14 indorsement which does not conflict with the provisions of this chapter 15 shall constitute the entire contract between the parties. 16 (6) Any policy which grants the coverage required for a vessel liability 17 policy may also grant any lawful coverage in excess of or in addition to the 18 coverage specified for a vessel liability policy, and any excess or additional 19 coverage shall not be subject to the provisions of this chapter. With respect 20 to a policy which grants an excess of additional coverage the term "vessel 21 liability policy" shall apply only to that part of the coverage which is 22 required by this section. 23 (7) Any vessel liability policy may provide that the insured shall reim- 24 burse the insurance carrier for any payment the insurance carrier would not 25 have been obligated to make under the terms of the policy except for the pro- 26 visions of this chapter. 27 (8) Any vessel liability policy may provide for the prorating of the 28 insurance with other valid and collectible insurance. 29 (9) The requirements for a vessel liability policy may be fulfilled by 30 the policies of one (1) or more insurance carriers which policies together 31 meet the requirements of this chapter. 32 (10) Any binder issued pending the issuance of a vessel liability policy 33 shall be deemed to fulfill the requirements for such a policy. 34 SECTION 16. That Chapter 70, Title 67, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW SECTION , to be 36 known and designated as Section 67-7055, Idaho Code, and to read as follows: 37 67-7055. NOTICE OF CANCELLATION OR TERMINATION OF CERTIFIED POLICY. When 38 an insurance carrier has certified a vessel liability policy, the insurance so 39 certified shall not be cancelled or terminated until at least ten (10) days 40 after a notice of cancellation or termination of the insurance so certified 41 shall be filed with the department. A policy subsequently procured and certi- 42 fied shall, on the effective date of its certification, terminate the insur- 43 ance previously certified with respect to any vessel designated in both cer- 44 tificates. 45 SECTION 17. That Chapter 70, Title 67, Idaho Code, be, and the same is 46 hereby amended by the addition thereto of a NEW SECTION , to be 47 known and designated as Section 67-7056, Idaho Code, and to read as follows: 48 67-7056. CERTIFICATE OF LIABILITY INSURANCE -- HOW ACQUIRED. (1) A cer- 49 tificate of liability insurance, to be effective, must be issued by an insur- 50 ance or surety company authorized to do business in this state, by an autho- 51 rized agent of such a company, or by the director of the department of insur- 20 1 ance. The certificate of liability insurance shall be in a form prescribed by 2 the director of the department of insurance. Upon purchase or renewal of a 3 policy of insurance or upon request of its insured, an insurance or surety 4 company or its authorized agent shall issue a certificate of liability insur- 5 ance and present it to its insured. An insurance or surety company or its 6 authorized agent shall not charge a fee for a certificate of liability insur- 7 ance. 8 (2) When, to the satisfaction of the director of the department of insur- 9 ance, it appears that a bond or cash deposit complying with the requirements 10 of this chapter has been deposited with him, he shall issue to the vessel 11 owner a certificate of liability insurance. 12 SECTION 18. That Chapter 70, Title 67, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION , to be 14 known and designated as Section 67-7057, Idaho Code, and to read as follows: 15 67-7057. FALSE CERTIFICATE. It shall be unlawful for anyone to alter, 16 falsify, forge, counterfeit, or issue or make any certificate of liability 17 insurance except as provided for in title 49, Idaho Code, and in this chapter. 18 SECTION 19. This act shall be in full force and effect on and after July 19 1, 2000.
STATEMENT OF PURPOSE
RS08886
This proposal would require persons born on or after January 1,
1984, to obtain a vessel ("V") operation endorsement on their
driver's license prior to operating any motorized vessel of more
than 10 horsepower on waters of the State. Exempt are persons under
16 years of age when another person of at least 18 years of age is
on board the vessel. Nonresidents are also exempt when they carry
proof of completing a course on safe boating approved by the
National Association of State Boating Law Administrators (NASBLA).
This proposal requires a written knowledge examination, to be
proctored in the same manner as other endorsements (such as that for
motorcycles), of all applicants for vessel license endorsements. The
written examination will be developed by the State Boating Law
Administrator. It also requires completion of a course in safe
boating approved by NASBLA prior to applying for a vessel operator
license endorsement.
It also requires persons renting motorized vessels of more than 10
horsepower to obtain proof of a driver's license prior to renting
the vessel to a person born on or after January l, 1984.
This proposal also requires liability insurance on vessels of
greater than 10 horsepower which are numbered in Idaho.
This proposal would be effective on and after January l, 2000.
FISCAL NOTE
This proposal would have no affect on the General Fund. Applicants
for vessel operator license endorsements will pay $14.50 to the
agency proctoring the written examination and issuing the
endorsement. If the County collects the fee, $6.50 will be deposited
in the County Vessel Account and the remainder will go to the County
Current Expense Account. If the State collects the fee, $6.50 will
go to the State Vessel Account (and distributed to all counties),
and the remainder will go to the State Treasury.
CONTACT: Rep. John Campbell
208-332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 261