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H0621................................by JUDICIARY, RULES AND ADMINISTRATION
MOTOR VEHICLE VIOLATIONS - Amends existing law to provide infraction
penalties, with certain exceptions, for violations of chapter 3 (operator
licenses) and chapter 4 (vehicle registration) of the motor vehicle code.
02/18 House intro - 1st rdg - to printing
02/21 Rpt prt - to Transp
02/25 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
02/29 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Mortensen, Moss, Moyle, Pearce,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs),
Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor,
Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Geddes, Gould, Montgomery, Pischner, Smith, Mr
Speaker
Floor Sponsor - Moss
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/29 3rd rdg - PASSED - 29-0-6
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins,
Ingram, Ipsen, King-Barrutia, Lee, Noh, Richardson, Riggs, Risch,
Sandy, Schroeder, Stegner, Stennett, Thorne, Wheeler, Whitworth,
Williams
NAYS--None
Absent and excused--Crow, Geddes, Keough, McLaughlin, Parry, Sorensen
Floor Sponsor - Richardson
Title apvd - to House
03/30 To enrol
03/31 Rpt enrol - Sp signed
04/03 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 327
Effective: 07/01/00
H0621
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 621
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO INFRACTION VIOLATIONS OF THE MOTOR VEHICLE CODE; AMENDING SECTION
3 49-236, IDAHO CODE, TO IMPOSE INFRACTION PENALTIES FOR VIOLATIONS OF CHAP-
4 TER 3, TITLE 49, IDAHO CODE, OTHER THAN SECTIONS 49-301, 49-316, 49-331
5 AND 49-332, IDAHO CODE, AND CHAPTER 4, TITLE 49, IDAHO CODE; AMENDING SEC-
6 TION 49-301, IDAHO CODE, TO PROVIDE THAT A VIOLATION OF THE SECTION SHALL
7 BE A MISDEMEANOR; AMENDING SECTION 49-305, IDAHO CODE, TO PROVIDE FOR AN
8 INFRACTION PENALTY; AMENDING SECTION 49-331, IDAHO CODE, TO REMOVE LAN-
9 GUAGE IMPOSING MISDEMEANOR PENALTIES FOR VIOLATIONS OF CHAPTER 3, TITLE
10 49, IDAHO CODE; AND AMENDING SECTION 49-1501, IDAHO CODE, TO PROVIDE FOR
11 THE ISSUANCE OF A UNIFORM CITATION FOR INFRACTION VIOLATIONS OF CHAPTERS 3
12 AND 4, TITLE 49, IDAHO CODE.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 49-236, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 49-236. PENALTIES. (1) It is a misdemeanor for any person to violate any
17 of the provisions of this title except the provisions of chapter 3, other than
18 sections 49-301, 49-316, 49-331 and 49-332, Idaho Code, chapter 4 and chapters
19 6 through 9 of this title, unless otherwise specifically provided.
20 (2) It is an infraction for any person to violate any of the provisions
21 of chapters 3, 4 and 6 through 9 of this title unless otherwise specifically
22 provided.
23 (3) Any offense punishable by imprisonment in the state penitentiary is a
24 felony.
25 (4) Punishments shall be as provided in sections 18-111, 18-112, 18-113
26 and 18-113A, Idaho Code, unless otherwise specifically provided.
27 (5) Whenever a person is arrested for any violation of the provisions of
28 this title declared to be a felony, he shall be dealt with in like manner as
29 upon arrest for the commission of any other felony.
30 (6) It is an infraction punishable by a fine of seventy-five dollars
31 ($75.00) for any person to violate the provisions of either section 49-1229,
32 49-1232 or 49-1428, Idaho Code.
33 SECTION 2. That Section 49-301, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 49-301. DRIVERS TO BE LICENSED. (1) No person, except those expressly
36 exempted by the provisions of this chapter, shall drive any motor vehicle upon
37 a highway unless the person has a valid Idaho driver's license. No person
38 shall operate a motorcycle upon a highway unless he has a motorcycle endorse-
39 ment on his valid driver's license. No person shall operate a commercial motor
40 vehicle as defined in section 49-123, Idaho Code, upon a highway unless he has
41 a seasonal or class A, B or C driver's license with required endorsements. No
2
1 person shall operate a motor vehicle in violation of any valid restriction
2 identified on or attached to, his valid driver's license. No person shall
3 receive a class D driver's license unless and until he surrenders to the
4 department all driver's licenses in his possession issued to him by Idaho or
5 any other jurisdiction for use within the United States, or any identification
6 cards issued by any other jurisdiction within the United States, or until he
7 executes an affidavit that he does not possess a driver's license or any iden-
8 tification cards. No person shall be permitted to have more than one (1)
9 driver's license issued for use within the United States at any time.
10 (2) Any holder of a class A, B or C commercial driver's license issued by
11 a jurisdiction other than Idaho shall apply for an Idaho-issued commercial
12 driver's license within thirty (30) days of establishing a domicile in Idaho.
13 In accordance with the federal motor carrier safety regulations, no person
14 shall receive a class A, B or C driver's license unless and until he surren-
15 ders to the department all driver's licenses in his possession issued to him
16 by Idaho or any other jurisdiction.
17 A violation of this section is a misdemeanor.
18 SECTION 3. That Section 49-305, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 49-305. INSTRUCTION PERMITS -- TEMPORARY LICENSES -- TEMPORARY DRIVER'S
21 TRAINING INSTRUCTION PERMIT. (1) Upon passage of the required knowledge tests
22 appropriate for the vehicle being operated, the department may issue an
23 instruction permit for the type of vehicle(s) the person will be operating,
24 entitling the applicant, while having the permit in his immediate possession,
25 to drive a motor vehicle upon the highways for a period of up to one hundred
26 eighty (180) days. That person must be accompanied by an adult driver who
27 holds a driver's license appropriate for the vehicle being operated and who is
28 actually occupying a seat beside the driver.
29 (a) Any person who has reached the age of fifteen (15) years, and who has
30 successfully completed an approved driver training course may apply for a
31 class D instruction permit with driving privileges restricted to daylight
32 hours only, and with full privileges at sixteen (16) years of age. The
33 restriction of daylight hours only shall mean that period of time one-half
34 (1/2) hour before sunrise to one-half (1/2) hour after sunset. Any person
35 applying for an instruction permit or driving privileges who is under the
36 age of eighteen (18) years shall be in compliance with school attendance
37 requirements of section 49-303A, Idaho Code.
38 (b) Any person who has reached the age of eighteen (18) years may apply
39 for a class A, B or C instruction permit.
40 (c) On and after April 1, 1992, federal highway administration rules and
41 regulations concerning instruction permits, as specified in 49 CFR part
42 383, will be in effect for commercial motor vehicle operators.
43 (2) The department may, at its discretion, issue a temporary class D
44 driver's license to an applicant for a class D driver's license permitting him
45 to operate a motor vehicle while the department is completing its investiga-
46 tion and determination of all facts relative to the applicant's right to
47 receive a driver's license. The temporary license may be cancelled at the
48 department's discretion at any time after issuance. The temporary license must
49 be in the applicant's immediate possession while operating a motor vehicle,
50 and it shall be invalid when the applicant's driver's license has been issued
51 or for good cause has been refused.
52 (3) If an applicant for a driver's training instruction permit cannot
53 provide a certified copy of his birth certificate at the time of application,
3
1 the department may issue a temporary driver's training instruction permit upon
2 receipt of both a photo identification and a letter from the school verifying
3 the applicant's enrollment in a driver training course. The certified copy of
4 his birth certificate shall be required before a driver's license or instruc-
5 tion permit will be issued.
6 (4) The department may issue a motorcycle endorsement instruction permit
7 to an applicant who has a valid driver's license and who has successfully com-
8 pleted the motorcycle riders knowledge test and paid the appropriate fees. The
9 permit entitles the applicant, while having the permit in his immediate pos-
10 session, to operate a motorcycle upon the highways for a period not to exceed
11 one hundred eighty (180) days. If the permittee passes the skills test for a
12 motorcycle endorsement within one hundred eighty (180) days of issuance of the
13 motorcycle endorsement instruction permit, he shall not be required to pay the
14 motorcycle endorsement fee. A person holding a motorcycle instruction permit
15 shall not carry any passenger while operating a motorcycle, shall not operate
16 a motorcycle except during the hours of daylight only and shall not operate a
17 motorcycle upon any interstate highway system.
18 A violation of the conditions of a motorcycle endorsement instruction per-
19 mit is an misdemeanor infraction. The department shall cancel the permit
20 whether or not such violation results in conviction of the misdemeanor infrac-
21 tion.
22 SECTION 4. That Section 49-331, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-331. UNLAWFUL USE OF DRIVER'S LICENSE. It is a misdemeanor for any
25 person:
26 (1) To display or cause or permit to be displayed or have in his posses-
27 sion any mutilated or illegible, cancelled, revoked, suspended, disqualified,
28 fictitious or fraudulently altered driver's license;
29 (2) To lend his driver's license to any other person or knowingly permit
30 the use of his driver's license by another;
31 (3) To display or represent as one's own a driver's license not issued to
32 him;
33 (4) To fail or refuse to surrender to the department, upon its lawful
34 demand, any driver's license which has been suspended, revoked, disqualified
35 or cancelled;
36 (5) To use a false or fictitious name in any application for a driver's
37 license, or to knowingly make a false statement, or to knowingly conceal a
38 material fact or otherwise commit a fraud in any application;
39 (6) To permit any unlawful use of a driver's license issued to him; or
40 (7) To manufacture, produce, sell, offer for sale or transfer to another
41 person any document purporting to be a certificate of birth or driver's
42 license.; or
43 (8) To do any act forbidden or fail to perform any act specified in this
44 chapter.
45 In addition to the misdemeanor penalties that may be imposed for violation
46 of the provisions of paragraphs (1) through (7) of this section, the court
47 upon conviction may enter an order directing the department to suspend the
48 driver's license, a permit to drive, privileges or any nonresident's driving
49 privileges for a period of ninety (90) days. A conviction under this section
50 shall not be used as a factor or considered in any manner for the purpose of
51 establishing rates of motor vehicle insurance charged by a casualty insurer,
52 nor shall such conviction be grounds for nonrenewal of any insurance policy as
53 provided in section 41-2507, Idaho Code.
4
1 SECTION 5. That Section 49-1501, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-1501. INFRACTION CITATION -- ISSUANCE. A peace officer or authorized
4 employee of the Idaho transportation department may issue an Idaho uniform
5 citation for any infraction specified in violation of the provisions of chap-
6 ters 3, 4 and 6 through 9 of this title, or any other section of this title
7 for which an infraction penalty is specifically provided, in which he shall
8 certify that he has reasonable grounds to believe and does believe, that the
9 person cited committed the infraction contrary to law.
STATEMENT OF PURPOSE
RS09930
This bill decriminalizes all misdemeanor offenses in chapter 3 (operator
licenses) and chapter 4 (vehicle registration) of the Motor Vehicle Code, other
than I.C. 49-301 which prohibits driving without a valid driver's license, I.C.
49-316 which requires an operator to carry an operator's license, I.C. 49-331
which prohibits the unlawful use of a drivers license, and I.C. 49-332 which
prohibits the making of false affidavits, by converting these misdemeanors
offenses, with the exceptions noted, to infraction offenses.
A defendant charged with a misdemeanor offense is entitled to a jury trial
to contest the charge. A person charged with an infraction is not entitled to a jury
trial, but may defend against the charge before a judge in a court trial. In most
cases, a defendant charged with an infraction mails a fine to the clerk of the court
without having to appear before a judge.
Jurors have expressed to presiding judges that jury trials on misdemeanors
found in these chapters of the motor vehicle code do not constitute a productive
use of a juror's time. Costly jury trials and court time could be saved if these
violations may be cited as a simple infraction, and it is recommended as a matter
of judicial economy.
FISCAL NOTE
This bill will have a favorable impact on county funds because of a reduction in
jury costs and the time of court personnel, the amount of which is difficult to
estimate.
CONTACT: Representative Tom Moss
(208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 621