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S1580......................................................by STATE AFFAIRS
MOTOR VEHICLES - Amends, adds to and repeals existing law to provide a
system of registration only for vehicles weighing in excess of sixty
thousand pounds gross vehicle weight; to establish an American Trucking
Association settlement Fund from which moneys shall be paid to satisfy the
settlement agreement if approved by the court pursuant to the case of the
American Trucking Association v. State of Idaho, et al.; to provide
legislative intent; to provide reports; and to provide effective dates
contingent upon approval of the settlement.
03/27 Senate intro - 1st rdg - to printing
03/28 Rpt prt - to Transp
Rpt out - rec d/p - to 2nd rdg
03/29 2nd rdg - to 3rd rdg
Rules susp - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Burtenshaw
Floor Sponsor - Frasure
Title apvd - to House
03/30 House intro - 1st rdg - to Transp
03/31 Rpt out - w/o rec - to 2nd rdg
Rls susp - PASSED - 61-5-4
AYES -- Alltus, Barrett, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Linford, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Pearce, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- Geddes, Hammond, Moyle, Pischner, Smith
Absent and excused -- Barraclough, Crow, Loertscher, Mr Speaker
Floor Sponsor - Kempton
Title apvd - to Senate
04/03 To enrol
04/04 Rpt enrol - Pres signed - Sp signed
04/05 To Governor
04/17 Governor signed
Session Law Chapter 418
Effective: 07/01/00 or upon certification of
Secretary of State on suit settlement,
whichever comes later - Section 1
10/01/00 or upon certification of
Secretary of State on suit settlement,
whichever comes later - Sections 2
through 18
S1580
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1580
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO REGISTRATION OF MOTOR VEHICLES WEIGHING IN EXCESS OF SIXTY THOU-
3 SAND POUNDS GROSS VEHICLE WEIGHT; AMENDING CHAPTER 7, TITLE 40, IDAHO
4 CODE, BY THE ADDITION OF A NEW SECTION 40-710, IDAHO CODE, TO ESTABLISH
5 THE AMERICAN TRUCKING ASSOCIATION SETTLEMENT FUND; AMENDING SECTION
6 49-110, IDAHO CODE, TO DEFINE "INTERNATIONAL REGISTRATION PLAN"; AMENDING
7 SECTION 49-114, IDAHO CODE, TO DELETE REFERENCE TO USE FEE; AMENDING SEC-
8 TION 49-122, IDAHO CODE, TO DELETE THE DEFINITION OF "USE FEE" AND TO MAKE
9 TECHNICAL CORRECTIONS; REPEALING SECTION 49-201A, IDAHO CODE; AMENDING
10 SECTION 49-202, IDAHO CODE, TO DELETE REFERENCE TO A REPEALED LAW, TO
11 DELETE REFERENCE TO USE FEE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
12 SECTION 49-434, IDAHO CODE, TO CLARIFY PAYMENT OF THE ADMINISTRATIVE FEE,
13 TO REVISE THE REGISTRATION SCHEDULE FOR VEHICLES WEIGHING IN EXCESS OF
14 SIXTY THOUSAND POUNDS GROSS VEHICLE WEIGHT, TO CLARIFY REGISTRATIONS FOR
15 VEHICLES WHICH ARE REGISTERED UNDER THE INTERNATIONAL REGISTRATION PLAN,
16 TO CLARIFY REGISTRATIONS FOR VEHICLES WHICH ARE NOT REGISTERED UNDER THE
17 INTERNATIONAL REGISTRATION PLAN, TO PROVIDE FOR DETERMINATION OF MILEAGE
18 DATA, TO DELETE OBSOLETE LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS;
19 AMENDING SECTION 49-435, IDAHO CODE, TO PROVIDE FOR PROPORTIONAL REGISTRA-
20 TION OF FLEETS OF COMMERCIAL VEHICLES, TO DELETE OBSOLETE LANGUAGE AND TO
21 MAKE TECHNICAL CORRECTIONS; REPEALING SECTIONS 49-435A AND 49-436, IDAHO
22 CODE; AMENDING SECTION 49-437, IDAHO CODE, TO PROVIDE THAT FEES SHALL BE
23 ROUNDED TO THE NEAREST WHOLE DOLLAR; AMENDING SECTION 49-438, IDAHO CODE,
24 TO DELETE REFERENCE TO USE FEE AND TO PROVIDE THAT VIOLATIONS SHALL BE
25 INFRACTIONS OR MISDEMEANORS AS SPECIFIED IN SECTION 49-1013, IDAHO CODE;
26 AMENDING SECTION 49-439, IDAHO CODE, TO PROVIDE A STANDARD AUDITING CYCLE,
27 TO PROVIDE ADDITIONAL AUDITING CONDITIONS AND PROCEDURES CONSISTENT WITH
28 CURRENT LAW AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-504,
29 IDAHO CODE, TO DELETE REFERENCE TO USER FEES AND TO MAKE A TECHNICAL COR-
30 RECTION; AMENDING SECTION 49-1001, IDAHO CODE, TO DELETE REFERENCE TO
31 WEIGHT-DISTANCE OPERATING FEES AND TO PROVIDE CORRECT TERMINOLOGY; AMEND-
32 ING SECTION 49-1004, IDAHO CODE, TO PROVIDE A FEE FOR VEHICLES OPERATING
33 AT SPECIFIED WEIGHTS AND TO MAKE TECHNICAL CORRECTIONS; PROVIDING LEGISLA-
34 TIVE INTENT FOR THE TRANSITION FROM A SYSTEM OF REGISTRATION AND WEIGHT-
35 DISTANCE USE FEES TO A REGISTRATION FEE ONLY SYSTEM AND FOR COLLECTION OF
36 FEES; PROVIDING REPORTING REQUIREMENTS; AND PROVIDING EFFECTIVE DATES CON-
37 TINGENT UPON CERTIFICATION BY THE SECRETARY OF STATE THAT THE COURT HAS
38 APPROVED A FINAL SETTLEMENT.
39 Be It Enacted by the Legislature of the State of Idaho:
40 SECTION 1. That Chapter 7, Title 40, Idaho Code, be, and the same is
41 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
42 ignated as Section 40-710, Idaho Code, and to read as follows:
43 40-710. AMERICAN TRUCKING ASSOCIATION SETTLEMENT FUND. (1) There is
2
1 hereby established in the state treasury the American trucking association
2 settlement fund hereafter referred to as the settlement fund, to which shall
3 be credited all moneys as may be provided by law.
4 (2) Moneys in the fund are continuously appropriated and shall be used to
5 satisfy the settlement agreement as approved by the court pursuant to Case No.
6 CV OC 9700724D, American Trucking Association, et al. v. State of Idaho, et
7 al., in the fourth judicial district, in accordance with the terms of such
8 agreement.
9 (3) Interest earned on the investment of idle moneys in the settlement
10 fund shall be paid to the settlement fund.
11 SECTION 2. That Section 49-110, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 49-110. DEFINITIONS -- I.
14 (1) "Identifying number" means:
15 (a) Motor number. That identifying number stamped on the engine of a
16 vehicle.
17 (b) Vehicle identification number. The numbers and letters, if any,
18 placed on a vehicle by the manufacturer for the purpose of identifying the
19 vehicle.
20 (2) "Implements of husbandry" means every vehicle including self-pro-
21 pelled units, designed or adapted and used exclusively in agricultural, horti-
22 cultural, dairy and livestock growing and feeding operations when being inci-
23 dentally operated. Such implements include, but are not limited to, combines,
24 discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers,
25 harvesting and stacking equipment, pesticide applicators, plows, swathers,
26 mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or
27 drawing any implement of husbandry shall be construed to be an implement of
28 husbandry. "Implements of husbandry" do not include semitrailers, nor do they
29 include motor vehicles or trailers, unless their design limits their use to
30 agricultural, horticultural, dairy or livestock growing and feeding opera-
31 tions.
32 (3) "Incidentally operated" means the transport of the implement of hus-
33 bandry from one (1) farm operation to another.
34 (4) "Individual record" means a record containing personal information
35 about a designated person who is the subject of the record as identified in a
36 request for information.
37 (5) "Infraction" means a civil public offense, not constituting a crime,
38 which is not punishable by incarceration and for which there is no right to a
39 trial by jury or right to court-appointed counsel, and which is punishable by
40 only a penalty not exceeding one hundred dollars ($100) and no imprisonment.
41 (6) "Instructor" means any person, whether acting for himself as operator
42 of a commercial driver training school or for such a school for compensation,
43 who teaches, conducts classes of, gives demonstrations to, or supervises prac-
44 tice of, persons learning to operate or drive motor vehicles.
45 (7) "Insurer" means any insurer, public or private, which shall include,
46 but not be limited to, insurance companies domiciled in the state of Idaho,
47 agents, adjuster or any other person acting on behalf of any insurance not
48 domiciled in the state of Idaho and any self-insured entity operating under
49 Idaho insurance laws or rules.
50 (8) "International registration plan" means a registration reciprocity
51 agreement among the states of the United States and provinces of Canada pro-
52 viding for payment of registration and licensing fees on a proportional basis
53 determined by the fleet miles operated in the various jurisdictions.
3
1 (9) "Intersection" means:
2 (a) The area embraced within the prolongation or connection of the lat-
3 eral curb lines, or, if none, then the lateral boundary lines of the road-
4 ways of two (2) highways which join one another at, or approximately at,
5 right angles, or the area within which vehicles traveling upon different
6 highways joining at any other angle may come in conflict.
7 (b) Where a highway includes two (2) roadways thirty (30) feet or more
8 apart, then every crossing of each roadway of the divided highway by an
9 intersecting highway shall be regarded as a separate intersection. In the
10 event an intersecting highway also includes two (2) roadways thirty (30)
11 feet or more apart, then every crossing of two (2) roadways of the high-
12 ways shall be regarded as a separate intersection.
13 (c) The junction of an alley with a street or highway shall not consti-
14 tute an intersection.
15 SECTION 3. That Section 49-114, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 49-114. DEFINITIONS -- M.
18 (1) "Major component part" means a rear clip, cowl, frame or inner struc-
19 ture forward of the cowl, body, cab, front end assembly, front clip or such
20 other part which is critical to the safety of the vehicle.
21 (2) "Manifest" means a form used for identifying the quantity, composi-
22 tion, origin, routing, waste or material identification code and destination
23 of hazardous material or hazardous waste during any transportation within,
24 through, or to any destination in this state.
25 (3) "Manufactured home." (See section 39-4105, Idaho Code)
26 (4) "Manufacturer" means every person engaged in the business of con-
27 structing or assembling vehicles of a type required to be registered at an
28 established place of business in this state. The term, for purposes of sec-
29 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
30 include a distributor and other factory representatives.
31 (5) "Manufacturer's year designation" means the model year designated by
32 the vehicle manufacturer, and not the year in which the vehicle is, in fact,
33 manufactured.
34 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped
35 for operation, to which shall be added the maximum load to be carried as
36 declared by the owner in making application for registration. When a vehicle
37 against which a registration or use fee is assessed is a combination of vehi-
38 cles, the term "maximum gross weight" means the combined maximum gross weights
39 of all vehicles in the combination.
40 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code)
41 (8) "Moped" means a limited-speed motor-driven cycle which is not capable
42 of propelling the vehicle at a speed in excess of thirty (30) miles per hour
43 on level ground, whether two (2) or three (3) wheels are in contact with the
44 ground during operation. If an internal combustion engine is used, the dis-
45 placement shall not exceed fifty (50) cubic centimeters and the moped shall
46 have a power drive system that functions directly or automatically without
47 clutching or shifting by the operator after the drive system is engaged.
48 (9) "Motorcycle" means every motor vehicle having a seat or saddle for
49 the use of the rider and designed to travel on not more than three (3) wheels
50 in contact with the ground, but excluding a tractor and moped.
51 (10) "Motor carrier" means an individual, partnership, corporation or
52 other legal entity engaged in the transportation by motor vehicle of persons
53 or property in the furtherance of a business or for hire.
4
1 (11) "Motor home" means a vehicular unit designed to provide temporary
2 living quarters, built into an integral part or permanently attached to a
3 self-propelled motor vehicle chassis. The vehicle must contain permanently
4 installed independent life support systems which meet the American National
5 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
6 vide at least four (4) of the following facilities: cooking, refrigeration or
7 ice box, self-contained toilet, heating and/or air conditioning, a potable
8 water supply system, including a faucet and sink, separate 110-125 volt elec-
9 trical power supply and/or LP-gas supply.
10 (12) "Motorized wheelchair" means a motor vehicle with a speed not in
11 excess of eight (8) miles per hour, designed for and used by a handicapped
12 person.
13 (13) "Motor number." (See "Identifying number," section 49-110, Idaho
14 Code)
15 (14) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
16 (15) "Motor vehicle liability policy" means an owner's or operator's pol-
17 icy of liability insurance, certified as provided in section 49-1210, Idaho
18 Code, as proof of financial responsibility, and issued by an insurance carrier
19 duly authorized to transact business in this state, to or for the benefit of
20 the person named therein as insured.
21 (16) "Motor vehicle record" means any record that pertains to a motor
22 vehicle registration, motor vehicle title or identification documents or other
23 similar credentials issued by the department or other state or local agency.
24 SECTION 4. That Section 49-122, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 49-122. DEFINITIONS -- U.
27 (1) "Unauthorized vehicle" means any vehicle parked or otherwise left on
28 private property without the consent of the person owning or controlling that
29 property.
30 (2) "United States" means the fifty (50) states and the District of
31 Columbia.
32 (3) "Unladen weight." (See "Light weight,", section 49-113, Idaho Code)
33 (4) "Unregistered vehicle" means a vehicle without current registration
34 on file with the department or with the appropriate agency of another state,
35 unless exempt from registration.
36 (5) "Unusual noise." (See "Excessive,", section 49-106, Idaho Code)
37 (6) "Urban district." (See "District,", section 49-105, Idaho Code)
38 (7) "Use fee" means the fee as imposed in section 49-434, Idaho Code, for
39 vehicles exceeding sixty thousand (60,000) pounds gross weight, and calculated
40 based upon the number of miles traveled in Idaho times the use fee rate per
41 mile of travel as established by law for the applicable maximum gross weight
42 of the vehicle or combination of vehicles as registered.
43 (8) "Utility trailer" means a trailer or semitrailer designed primarily
44 to be drawn behind a passenger car or pickup truck for domestic and utility
45 purposes. Utility or domestic use shall include a farm trailer while being
46 used to haul agricultural products or livestock from farm to storage, market
47 or processing plant, or returning therefrom.
48 SECTION 5. That Section 49-201A, Idaho Code, be, and the same is hereby
49 repealed.
50 SECTION 6. That Section 49-202, Idaho Code, be, and the same is hereby
51 amended to read as follows:
5
1 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license
2 records in the office of the department shall be public records and open to
3 inspection by the public during normal business hours, except for those
4 records declared by law to be for the confidential use of the department, or
5 those records containing personal information subject to restrictions or con-
6 ditions regarding disclosure. If the department has contracted for a service
7 to be provided by another entity, an additional fee shall be charged by that
8 contractor whether the service is rendered during normal business hours, other
9 than normal business hours or on weekends.
10 (2) In addition to other fees required by law to be collected by the
11 department, the department shall collect the following:
12 (a) For certifying a copy of any record pertaining to any vehicle
13 license, any certificate of title, or any driver's license ......... $8.00
14 (b) For issuing every Idaho certificate of title .................. $8.00
15 (c) For furnishing a duplicate copy of any Idaho certificate of title
16 .................................................................... $8.00
17 (d) For issuance or transfer of every certificate of title on a new or
18 used vehicle or other titled vehicle in an expedited manner (rush titles),
19 in addition to any other fee required by this section ............. $15.00
20 (e) For furnishing a replacement of any receipt of registration ... $3.00
21 (f) For furnishing copies of registration or ownership of motor vehicles
22 or driver's license records, per vehicle registration, accident report
23 records, title or per driver's license record ...................... $4.00
24 Additional contractor fee, not to exceed ........................... $4.00
25 (g) For services in searching files of vehicle or other registrations,
26 vehicle titles, or driver's licenses per hour ..................... $10.00
27 (h) Placing "stop" cards in vehicle registration or title files, each
28 ................................................................... $12.00
29 (i) For issuance of an assigned or replacement vehicle identification
30 number (VIN) .......................................................$10.00
31 (j) For a vehicle identification number (VIN) inspection whether con-
32 ducted by a city or county peace officer or any other peace officer or
33 designated agent of the state of Idaho, per inspection ............. $3.00
34 (k) For all replacement registration stickers, each ............... $1.00
35 (l) For issuing letters of temporary vehicle clearance to Idaho based
36 motor carriers .................................................... $10.00
37 (m) For all sample license plates, each .......................... $12.00
38 (n) For filing release of liability statements .................... $2.00
39 (o) For safety and insurance programs for each vehicle operated by a
40 motor carrier ...................................................... $2.00
41 A lesser amount may be set by rule of the board.
42 (3) The fees required in this section shall not apply when the service is
43 furnished to any federal, state, county or city peace officer when such ser-
44 vice is required in the performance of their duties as peace officers.
45 (4) The department may enter into agreements with private companies or
46 public entities to provide the services for which a fee is collected in sub-
47 section (2)(f) of this section. Such private contractor shall collect the fee
48 prescribed and remit the fee to the department. The contractor shall also col-
49 lect and retain the additional fee charged for his services.
50 (5) (a) The department shall pay three dollars ($3.00) of the fee col-
51 lected by a county assessor or other agent of the department as provided
52 in subsection (2)(a) through (f) of this section, to the county assessor
53 of the county or agent collecting such fee, which shall be deposited
54 with the county treasurer and credited to the county current expense fund.
55 The remainder of the fees collected as provided in that subsection shall
6
1 be paid by the department to the state treasurer and placed in the state
2 highway account.
3 (b) The fee collected under subsection (2)(j) of this section for a VIN
4 inspection shall be placed in the city general fund if conducted by a city
5 peace officer, in the county current expense fund if conducted by a county
6 peace officer, shall be retained by the special agent authorized to per-
7 form the inspection, or paid to the state treasurer and placed to the
8 credit of the department of law enforcement if conducted by the Idaho
9 state police division or in the state highway account if conducted by the
10 department.
11 (c) The fee collected under subsection (2)(o) of this section for motor
12 carriers shall be paid by the department to the state treasurer and placed
13 in the state highway account. The director and the director of the depart-
14 ment of law enforcement shall jointly determine the amount to be trans-
15 ferred from the state highway account to the law enforcement account for
16 motor carrier safety programs conducted by the department of law enforce-
17 ment pursuant to the provisions of section 67-2901A, Idaho Code.
18 (6) The department as often as practicable may provide to law enforcement
19 agencies the record of suspensions and revocations of driver licenses via the
20 Idaho law enforcement telecommunications system (ILETS).
21 (7) The department shall provide the forms prescribed in chapter 5 of
22 this title, shall receive and file in its office in Boise, Idaho, all instru-
23 ments required in chapter 5 of this title to be filed with the department,
24 shall prescribe a uniform method of numbering certificates of title, and main-
25 tain in the department indices for such certificates of title. All indices
26 shall be by motor or identification number and alphabetical by name of the
27 owner.
28 (8) The department shall file each registration received under a distinc-
29 tive registration number assigned to the vehicle and to the owner thereof.
30 (9) The department shall not renew a driver's license or identification
31 card when fees required by law have not been paid or where fees for past
32 periods are due, owing and unpaid including nonsufficient insufficient fund
33 checks, until those fees have been paid.
34 (10) The department shall not grant the registration of a vehicle when:
35 (a) The applicant is not entitled to registration under the provisions of
36 this title; or
37 (b) The applicant has neglected or refused to furnish the department with
38 the information required in the appropriate form or reasonable additional
39 information required by the department, or has failed to comply with the
40 provisions of section 49-436, Idaho Code, in past registration periods; or
41 (c) The fees required by law have not been paid, or where fees for past
42 registration periods are due, owing and unpaid including nonsufficient
43 insufficient fund checks.
44 (11) The department or its authorized agents have the authority to request
45 any person, to submit to medical, vision, highway, or written examinations, to
46 protect the safety of the public upon the highways. The department or its
47 authorized agents may exercise such authority based upon evidence which may
48 include, but is not limited to, observations made.
49 (12) The department shall revoke the registration of any vehicle:
50 (a) Which the department shall determine is unsafe or unfit to be oper-
51 ated or is not equipped as required by law;
52 (b) Whenever the person to whom the registration card or registration
53 plate has been issued shall make or permit to be made any unlawful use of
54 the same or permit their use by a person not entitled thereto;
55 (c) For any violation of vehicle registration requirements by the owner
7
1 or operator in the current or past registration periods;
2 (d) Whenever a motor carrier requests revocation, or whenever an inter-
3 state carrier's federal operating authority has been revoked;
4 (e) For nonpayment by the owner or operator of the vehicle of use fees
5 computed under sections 49-434 and 49-435, Idaho Code;
6 (f) For failure of the owner or operator to file the reports required or
7 nonpayment of fees assessed against the owner by the department pursuant
8 to audit under the provisions of section 49-4369, Idaho Code;
9 (gf) Identified by any city or county administering a program established
10 by ordinance for the inspection and readjustment of motor vehicles (which
11 program is part of an approved state implementation plan adopted by both
12 the state and federal governments under 42 USC section 7410) as having
13 failed to comply with an ordinance requiring motor vehicle emission
14 inspection and readjustment; provided that no vehicle shall be identified
15 to the department under this subsection (gf) unless:
16 (i) tThe city or county certifies to the department that the owner
17 of the motor vehicle has been given notice and had the opportunity
18 for a hearing concerning compliance with the ordinance and has
19 exhausted all remedies and appeals from any determination made at
20 such hearing; and
21 (ii) tThe city or county reimburses the department for all direct
22 costs associated with the registration revocation procedure.
23 (13) The department shall not reregister or permit a vehicle to operate on
24 a special trip permit until all fees, penalties and interest have been paid.
25 (14) The department shall institute educational programs, demonstrations,
26 exhibits and displays.
27 (15) The department shall cancel a driver's license or identification card
28 when fees required by law have not been paid or where fees are due, owing and
29 unpaid including nonsufficient insufficient fund checks, until those fees have
30 been paid.
31 (16) The department shall examine persons and vehicles by written, oral,
32 vision and skills tests without compulsion except as provided by law.
33 (17) The department shall employ expert and special help as needed in the
34 department.
35 (18) The department shall compile accident statistics and disseminate
36 information relating to those statistics.
37 (19) The department shall cooperate with the United States in the elimina-
38 tion of road hazards, whether of a physical, visual or mental character.
39 (20) The department shall place and maintain traffic-control devices, con-
40 forming to the board's manual and specifications, upon all state highways as
41 it shall deem necessary to indicate and to carry out the provisions of this
42 title or to regulate, warn, or guide traffic. No local authority shall place
43 or maintain any traffic-control device upon any highway under the jurisdiction
44 of the department except by the latter's permission, except where the duly
45 elected officials of an incorporated city have established speed limits lower
46 than those set by the department on the portion of state highways, excluding
47 controlled-access and interstate highways, that pass through residential,
48 urban or business districts within the jurisdiction of the incorporated city.
49 The placement and maintenance of such a traffic-control device by a local
50 authority shall be made according to the board's manual and specifications for
51 a uniform system of traffic-control devices.
52 (21) The department may conduct an investigation of any bridge or other
53 elevated structure constituting a part of a highway, and if it shall find that
54 the structure cannot with safety to itself withstand vehicles traveling at a
55 speed otherwise permissible under this title, shall determine and declare the
8
1 maximum speed of vehicles which the structure can safely withstand, and shall
2 cause or permit suitable signs stating the maximum speed to be erected and
3 maintained before each end of the structure.
4 (22) Whenever the department shall determine on the basis of an engineer-
5 ing and traffic investigation that slow speeds on any highway or part of a
6 highway impede the normal and reasonable movement of traffic, the department
7 may determine and declare a minimum speed limit below which no person shall
8 drive a vehicle except when necessary for safe operation or in compliance with
9 law, and that limit shall be effective when posted upon appropriate fixed or
10 variable signs, except in cases where the duly elected officials of an incor-
11 porated city have established speed limits lower than those set by the
12 department on portions of state highways, excluding controlled-access and
13 interstate highways, that pass through residential, urban or business dis-
14 tricts within the jurisdiction of the incorporated city.
15 (23) The department shall regulate or prohibit the use of any controlled-
16 access highway by any class or kind of traffic which is found to be incompati-
17 ble with the normal and safe movement of traffic.
18 (24) The department shall erect and maintain traffic-control devices on
19 controlled-access highways on which any prohibitions are applicable.
20 (25) Wherever a highway crosses one (1) or more railroads at grade, the
21 department or local authorities within their respective jurisdictions shall
22 place and maintain stop signs, directing vehicular traffic approaching the
23 crossing to come to a full stop prior to entering the crossing at all railroad
24 crossings where electric or mechanical warning signals do not exist. Placement
25 of these stop signs shall be mandatory except when in the determination of
26 public highway agencies the existence of stop signs at a given crossing would
27 constitute a greater hazard than their absence based on a recognized engineer-
28 ing study.
29 Nothing in this subsection shall be construed as granting immunity to any
30 railroad company as to liability, if any, for an accident which might occur at
31 a crossing where stop signs are erected and in place, but liability, if any,
32 shall be determined as provided by law. Liability on the part of governmental
33 authorities on account of absence of any stop sign at a crossing shall be
34 determined as provided by law.
35 (26) The department and local authorities are authorized to determine
36 those portions of any highway under their respective jurisdictions where over-
37 taking and passing or driving on the left side of the roadway would be espe-
38 cially hazardous and may by appropriate signs or markings on the roadway indi-
39 cate the beginning and end of those zones and when signs or markings are in
40 place and clearly visible to an ordinarily observant person, every driver of
41 a vehicle shall obey those directions.
42 (27) The department and local authorities in their respective jurisdic-
43 tions may in their discretion issue special permits authorizing the operation
44 upon a highway of traction engines or tractors having movable tracks with
45 transverse corrugations upon the periphery of the movable tracks or farm trac-
46 tors or other farm machinery, the operation of which upon a highway would
47 otherwise be prohibited under this title or title 40, Idaho Code.
48 (28) The department and local highway authorities within their respective
49 jurisdictions may place official traffic-control devices prohibiting, limiting
50 or restricting the stopping, standing or parking of vehicles on any highway
51 where such stopping, standing or parking is dangerous to those using the high-
52 way or where the stopping, standing or parking of vehicles unduly interferes
53 with the free movement of traffic thereon.
54 (29) On any informational material printed after July 1, 1995, by or at
55 the order of the department and distributed to counties, school districts or
9
1 individuals for the purpose of assisting a person to successfully pass a
2 driver's license test, the department shall include material about the state's
3 open range law and responsibilities, liabilities and obligations of drivers
4 driving in the open range.
5 SECTION 7. That Section 49-434, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 49-434. OPERATING FEES. (1) There shall be paid on all commercial vehi-
8 cles, noncommercial vehicles, and on all farm vehicles having a maximum gross
9 weight not in excess of sixty thousand (60,000) pounds, an annual registration
10 fee in accordance with the following schedule.
11 Maximum Gross Weight Anuual Reigstration
12 (Pounds) Annual Registration Fee
13 Noncommercial and Commercial
14 Farm Vehicles Vehicles
15 8,001-16,000 inc. .....................$ 31.08 $ 30.60
16 16,001-26,000 inc. ..................... 61.08 143.40
17 26,001-30,000 inc. ..................... 91.68 223.80
18 30,001-40,000 inc. ..................... 130.08 291.60
19 40,001-50,000 inc. ..................... 188.28 360.00
20 50,001-60,000 inc. ..................... 311.88 515.40
21 (2) There shall be paid on all commercial vehicles, irrespective of body
22 type, and on all farm vehicles having a maximum gross weight in excess of
23 sixty thousand (60,000) pounds, an annual registration fee in the amount of
24 one hundred twenty dollars ($120) prescribed by subsection (8) of this sec-
25 tion, as applicable.
26 (3) In addition, the annual registration fee for trailers shall be:
27 (a) Trailer or semitrailer in a combination of vehicles ...........$15.00
28 (b) Rental utility trailer with a gross weight of two thousand (2,000)
29 pounds or less ......................................................$8.00
30 (c) Rental utility trailer with a gross weight over two thousand (2,000)
31 pounds .............................................................$15.00
32 (4) As an option to the trailer and semitrailer annual registration, the
33 department may provide extended registration.
34 (a) For trailers and semitrailers, the optional extended-registration
35 period shall not extend beyond seven (7) years.
36 (b) The fee shall be fifteen dollars ($15.00) for each year.
37 (c) The license plate originally issued shall remain on the trailer or
38 semitrailer until the registration expires.
39 (d) The registration document shall be the official record of the status
40 of the extended registration. No pressure-sensitive validation sticker
41 shall be required.
42 (e) For rental utility trailers, the optional registration period shall
43 not extend beyond five (5) years. The fee shall be as specified in subsec-
44 tion (3)(b) or (c) of this section. A pressure-sensitive sticker shall be
45 used to validate the license plate. The license plate shall become void if
46 the owner's interest in the rental utility trailer changes during the five
47 (5) year period. If the owner fails to enter the rental utility trailer on
48 the annual renewal application during the five (5) year period, the regis-
49 tration record shall be purged. Any unrenewed plate shall be returned to
50 the department if it is not entered on the renewal application.
51 (5) A fleet registration option is available to owners who have twenty-
52 five (25) or more commercial or farm vehicles or any combination thereof. Such
53 owners may register all of their company vehicles with the department in lieu
10
1 of registering with a county assessor. To qualify the fleet must be owned and
2 operated under the unified control of one (1) person and the vehicles must be
3 physically garaged and maintained in two (2) or more counties. Fleet registra-
4 tion shall not include fleets of rental vehicles. The department shall provide
5 a registration application to the owner and the owner shall provide all infor-
6 mation that the department determines is necessary. The department shall
7 devise a special license plate numbering system for fleet-registered vehicles
8 as an alternative to county license plates. The fleet registration application
9 and all subsequent registration renewals shall include the physical address
10 where a vehicle is principally used, garaged and maintained. The fleet owner
11 shall report the physical address to the department upon initial registration,
12 on each renewal, and at any time a vehicle registered under this option is
13 permanently transferred to another location.
14 (6) If the ownership of a vehicle changes during the registration period,
15 the original owner may transfer the plate to another vehicle. The remaining
16 fee shall be credited against the cost of the new registration. No rRefunds
17 shall may be given for any unexpired portion of the vehicle registration fee
18 if the plate is not transferred by the owner to another vehicle. Any request
19 for refund shall include surrender of the license plate, validation sticker
20 and registration document. Owners of vehicles registered under the interna-
21 tional registration plan may request a refund of the unexpired portion of the
22 Idaho vehicle registration fee by presenting evidence from the base jurisdic-
23 tion that the license plate, validation sticker and registration document have
24 been surrendered. A license plate shall not be transferred to another owner
25 when the ownership of a vehicle changes. The owner shall obtain a replacement
26 plate, validation sticker if required, and a registration document when a
27 plate is lost, destroyed or becomes illegible.
28 (7) An administrative fee of four dollars ($4.00) shall be paid and
29 deposited to the state highway account on all registrations completed by the
30 department under subsection (1) or (8)(a) of this section. Vehicles registered
31 under subsection (8)(b) of this section shall pay the fee provided in section
32 49-435(2), Idaho Code.
33 (8) In addition to the registration and license fees provided by subsec-
34 tions (1) and (2) of this section, tThere shall be paid on all commercial and
35 farm vehicles having a maximum gross weight in excess of sixty thousand
36 (60,000) pounds, a use registration fee based upon the registered maximum
37 gross weight in accordance with the following schedule. The use fees shall be
38 calculated by multiplying the mills per mile, determined from the mills per
39 mile schedule table, times the reported mileage for the vehicle, subject to
40 the provisions of this section of a vehicle as declared by the owner and the
41 total number of miles driven on roads and highways in the state, county, city
42 and highway district systems in Idaho, and if registered under the interna-
43 tional registration plan (IRP), in all other jurisdictions. The appropriate
44 registration fee shall be determined as follows:
45 (a) If the owner registers vehicles under the international registration
46 plan (IRP), the appropriate mileage column shall be determined by the
47 total miles an owner operated a fleet of vehicles on roads and highways in
48 the state, county, city and highway district systems in Idaho and in all
49 other jurisdictions in the preceding year, as defined in section 49-117,
50 Idaho Code, and by the maximum gross weight of each vehicle within a
51 fleet.
52 (b) If the owner registers vehicles under the international registration
53 plan and determines that the average international registration plan fleet
54 miles, calculated by dividing the total IRP fleet miles in all jurisdic-
55 tions by the number of registered vehicles, is less than fifty thousand
11
1 one (50,001) miles, the owner may apply to the department for refund of a
2 portion of the registration fees paid, consistent with the fee schedules
3 set forth in this section. The department shall provide an application for
4 the refund. An owner making application for refund under this section
5 shall be subject to auditing as provided in section 49-439, Idaho Code.
6 (c) If the owner is not registering vehicles under the international reg-
7 istration plan, the appropriate mileage column shall be determined by the
8 total miles the owner operated each of the vehicles to be registered on
9 roads and highways in the state, county, city and highway district systems
10 in Idaho in the preceding year and by the maximum gross weight of each
11 vehicle.
12 Maximum Gross
13 Weight of Vehicle Mills per Mile Total Miles Driven
14 (Pounds)
15 1-7,500 7,501-50,000 Over 50,000
16 60,001-62,000 30.05 $210 $ 840 $1,400
17 62,001-64,000 31.35 240 960 1,600
18 64,001-66,000 32.60 270 1,080 1,800
19 66,001-68,000 33.90 300 1,200 2,000
20 68,001-70,000 35.15 330 1,320 2,200
21 70,001-72,000 36.40 360 1,440 2,400
22 60,001-62,000 30.05
23 72,001-74,000 38.55 390 1,560 2,600
24 74,001-76,000 40.65 420 1,680 2,800
25 76,001-78,000 42.75 450 1,800 3,000
26 78,001-80,000 44.90 480 1,920 3,200
27 80,001-82,000 47.00 495 1,980 3,300
28 82,001-84,000 49.10 510 2,040 3,400
29 84,001-86,000 51.20 525 2,100 3,500
30 86,001-88,000 53.30 540 2,160 3,600
31 88,001-90,000 55.40 555 2,220 3,700
32 90,001-92,000 57.50 570 2,280 3,800
33 92,001-94,000 59.60 585 2,340 3,900
34 94,001-96,000 61.70 600 2,400 4,000
35 96,001-98,000 63.80 615 2,460 4,100
36 98,001-100,000 65.90 630 2,520 4,200
37 100,001-102,000 68.00 645 2,580 4,300
38 102,001-104,000 70.10 660 2,640 4,400
39 104,001-106,000 72.20 675 2,700 4,500
40 106,001-108,000 690 2,760 4,600
41 108,001-110,000 705 2,820 4,700
42 110,001-112,000 720 2,880 4,800
43 112,001-114,000 735 2,940 4,900
44 114,001-116,000 750 3,000 5,000
45 116,001-118,000 765 3,060 5,100
46 118,001-120,000 780 3,120 5,200
47 120,001-122,000 795 3,180 5,300
48 122,001-124,000 810 3,240 5,400
49 124,001-126,000 825 3,300 5,500
50 126,001-128,000 840 3,360 5,600
51 128,001-129,000 855 3,420 5,700
52 (d) Any commercial or farm vehicle registered for more than sixty thou-
53 sand (60,000) pounds up to one hundred six thousand (106,000) pounds
54 traveling fewer than two thousand five hundred (2,500) miles annually on
55 roads and highways in the state, county, city and highway district systems
12
1 in Idaho shall pay an annual registration fee of two hundred fifty-five
2 dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not
3 apply to vehicles registered under this subsection (8)(d).
4 For each additional two thousand (2,000) pounds or fraction thereof in excess
5 of one hundred six thousand (106,000) pounds add 2.1 mills per mile.
6 (9) In addition to the registration and license fees of this section,
7 there shall be paid on all farm vehicles, and any commercial vehicle exclu-
8 sively engaged in the transportation of logs, pulp wood, stull, poles, piling,
9 rough lumber, ores, ore concentrates, sand and gravel aggregates in bulk,
10 livestock and vehicles used for the sole purpose of transporting milk from the
11 farm to processing plant, having a maximum gross weight in excess of sixty
12 thousand (60,000) pounds, a use fee in accordance with the following schedule.
13 The use fees shall be calculated by multiplying the mills per mile, determined
14 from the mills per mile schedule table, times the reported mileage for the
15 vehicle, subject to the provisions of this section.
16 Maximum Gross
17 Weight of Vehicle Mills per Mile
18 (Pounds)
19 60,001-62,000 22.45
20 62,001-64,000 22.45
21 64,001-66,000 22.45
22 66,001-68,000 22.45
23 68,001-70,000 22.45
24 70,001-72,000 22.45
25 72,001-74,000 22.45
26 74,001-76,000 22.45
27 76,001-78,000 22.45
28 78,001-80,000 22.45
29 80,001-82,000 24.55
30 82,001-84,000 26.65
31 84,001-86,000 28.75
32 86,001-88,000 30.85
33 88,001-90,000 32.95
34 90,001-92,000 35.05
35 92,001-94,000 37.15
36 94,001-96,000 39.25
37 96,001-98,000 41.35
38 98,001-100,000 43.45
39 100,001-102,000 45.55
40 102,001-104,000 47.65
41 104,001-106,000 49.75
42 For each additional two thousand (2,000) pounds or fraction thereof in
43 excess of one hundred six thousand (106,000) pounds add 2.1 mills per mile.
44 (10) If any vehicle, or combinations of vehicles move on the highways of
45 the state, and the vehicle or combination exceeds its registered maximum gross
46 weight there shall be paid for that vehicle, the fees provided for in either
47 subsection (8) or (9) of this section, as applicable, for the actual gross
48 weight of the vehicle or combination of vehicles for the miles traveled at the
49 heavier weight.
50 (9) (a) During the first registration year that the fee schedule in sub-
51 section (8)(c) of this section is in use, an owner shall use the mileage
52 data from the records used to report the mileage use fee in the immedi-
53 ately preceding year as the basis for determining the appropriate regis-
54 tration fee schedule.
55 (b) Any owner who registers a motor vehicle for the first time and who
13
1 has no mileage history for the vehicle shall estimate the miles to deter-
2 mine the appropriate fee schedule in subsection (8)(c) of this section.
3 When estimating the miles, the owner shall provide a statement on the
4 application of the method used to arrive at the estimated miles.
5 (c) Any owner using any fee schedule other than the highest fee schedule
6 under subsection (8)(c) of this section, shall certify at the time of reg-
7 istration that the miles operated in the preceding year do not exceed the
8 schedule applied for. Any owner using a fee schedule under subsection
9 (8)(c) of this section that is less than the highest schedule shall main-
10 tain records to substantiate the use of the schedule as required by sec-
11 tion 49-439, Idaho Code.
12 (110) If any vehicle or combinations of vehicles haul nonreducible loads,
13 as authorized under the provisions of section 49-1004, Idaho Code, and weigh
14 less than the starting weights per axle configuration listed in column 1 of
15 subsection (2), section 49-1004, Idaho Code, then and in that event there
16 shall be paid for that vehicle, in addition to the other fees required in this
17 section, an additional use fee of 2.1 mills per mile for each two thousand
18 (2,000) pounds or fraction thereof of the maximum gross weight in excess of
19 those set forth in section 49-1001, Idaho Code.
20 (12) Any owner operating vehicle combinations may apply to the department
21 for authority to report multiple weights and pay use fees based upon the maxi-
22 mum gross weight of each configuration in the combination being operated. The
23 owner shall declare a maximum gross weight for each configuration being oper-
24 ated but not more than three (3) maximum gross weights for a vehicle combina-
25 tion may be declared. Any owner who receives authority to report and pay use
26 fees at multiple maximum gross weights shall register the motor vehicle in a
27 combination at the highest maximum gross weight of the vehicle. Any owner who
28 reports vehicle combinations at multiple weights and fails to maintain records
29 and furnish said records to the department upon request which show the config-
30 uration of the combination of vehicles and the trailer and unit number for all
31 miles and trip segments traveled shall have all miles assessed at the highest
32 maximum gross weight of the combination of vehicles.
33 (13) An applicant for registration of a commercial vehicle, a noncommer-
34 cial vehicle or a farm vehicle shall set forth the maximum gross weight of the
35 vehicle or combination of vehicles and the applicant shall pay any annual reg-
36 istration fees and any annual license fees on trailers and semitrailers
37 required at the time he makes application for registration subject to the pro-
38 visions of subsections (1), (2), (3) and (4) of this section. No part of the
39 registration or license fees shall be subject to refund. The use fee payment
40 required shall be computed according to the schedule in either subsection (8)
41 or (9) of this section on the mileage operated over the highways of the state
42 of Idaho and the owner of any vehicle against which a use fee is assessed,
43 shall at the time of making his next quarterly report pay the use fee, if any,
44 for the three (3) calendar months immediately prior. In determining the mile-
45 age subject to the use fee, there shall be deducted the miles traveled on
46 roadways maintained with private funds by agreement with the public agency or
47 agencies having jurisdiction over them. In no event shall the total money
48 credited to the owner for the mileage exceed the actual cost of maintenance
49 expended by him.
50 (14) Any owner who operates or intends to operate non-Idaho based vehicles
51 in Idaho that are subject to the use fee required under the provisions of
52 this section shall apply for a use fee account before operating the vehicles
53 in Idaho. In lieu of establishing a use fee account the owner may purchase a
54 trip permit under the provisions of section 49-432 or 49-433, Idaho Code, as
55 applicable. The department shall develop rules to administer the use fee
14
1 account. Any owner who has not established a use fee account or has not pur-
2 chased a trip permit prior to operating in Idaho shall have committed an
3 infraction.
4 SECTION 8. That Section 49-435, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 49-435. PROPORTIONAL REGISTRATION OF COMMERCIAL VEHICLES. (1) Any owner
7 engaged in operating one (1) or more fleets of commercial vehicles may, in
8 lieu of the registration fees imposed by section 49-434, Idaho Code, register
9 each fleet for operation in this state by filing an application with the
10 department which shall contain the following information and such other infor-
11 mation pertinent to vehicle registration as the department may require:
12 (a) Total fleet miles. This shall be the total number of miles operated
13 in all jurisdictions during the preceding year by the motor vehicles in a
14 fleet during the year.
15 (b) In-state miles. This shall be the total number of miles operated in
16 this state during the preceding year by motor vehicles in the fleets dur-
17 ing the year.
18 (c) A description and identification of each vehicle of the fleet which
19 is to be operated in this state during the registration year for which
20 proportional fleet registration is requested, and, as determined by the
21 department, the vehicle unit number of each fleet vehicle as assigned by
22 the owner.
23 (2) The application for each fleet shall, at the time and in the manner
24 required by the department, be supported by a fee payment computed as follows:
25 (a) Divide in-state miles by total fleet miles.
26 (b) Determine the total amount necessary to register each and every vehi-
27 cle in the fleet for which registration is required based on the regular
28 annual fees prescribed by section 49-434, Idaho Code.
29 (c) Multiply the sum obtained under subsection (2)(b) of this section, by
30 the quotient obtained under subsection (2)(a) of this section.
31 (3) The applicant for proportional registration of any fleet, the motor
32 vehicles of which are operated by him in jurisdictions in addition to those in
33 which the applicant's fleet motor vehicles are operated, may state those motor
34 vehicles separately in his application and compute and pay the fees in accor-
35 dance with the separate statement, as to which "total miles" shall be the
36 total miles of highway operation determined from miles of power units, whether
37 prorated or not, operated in combination with prorated trailers in all juris-
38 dictions during the preceding year the information required by the interna-
39 tional registration plan (IRP) agreement. Any owner who makes application for
40 proportional registration under the provisions of the international registra-
41 tion plan shall comply with the terms and conditions of the IRP agreement.
42 (42) The department shall register the vehicle so described and identi-
43 fied and may issue license plates or distinctive sticker or other suitable
44 identification device for each vehicle listed in the application upon payment
45 of the fees required under subsections (2) (1) and (8) of section 49-434,
46 Idaho Code, and an additional identification charge of eight dollars ($8.00)
47 per vehicle. The fees collected for the additional identification shall be
48 deposited to the state highway account. A registration card shall be issued
49 for each proportionally registered vehicle appropriately identifying it which
50 shall be carried in or upon the vehicle identified at all times.
51 (53) Fleet vehicles so registered and identified shall be deemed to be
52 fully licensed and registered in this state for any type of movement or opera-
53 tion, except that, in those instances in which a grant of authority is
15
1 required for intrastate movement or operation, no vehicle shall be operated in
2 intrastate commerce in this state unless the owner has been granted intrastate
3 authority or rights by the public utilities commission and unless the vehicle
4 is being operated in conformity with such authority or rights.
5 (64) The right to the privilege and benefits of proportional registration
6 of fleet vehicles extended by this section, or by any contract, agreement,
7 arrangement or declaration made under the authority provided in section
8 49-201, Idaho Code, shall be subject to the condition that each fleet vehicle
9 proportionally registered shall also be proportionally or otherwise properly
10 registered in at least one (1) other jurisdiction during the period for which
11 it is proportionally registered in this state.
12 (7) Vehicles acquired by the owner after the commencement of the regis-
13 tration year and subsequently added to a proportionally registered fleet shall
14 be proportionally registered by applying the mileage percentage used in the
15 original application for the fleet for that registration period to the annual
16 registration fees due with respect to those vehicles for the remainder of the
17 registration year.
18 (8) If any vehicle is withdrawn from a proportionally registered fleet
19 during the period for which it is registered, the owner of the fleet shall so
20 notify the department on appropriate forms to be prescribed by the department.
21 The department may require the owner to surrender proportional registration
22 cards and other identification devices which have been issued with respect to
23 the vehicle as the department may deem advisable.
24 (9) The initial application for proportional registration of a fleet
25 shall state the mileage data with respect to the fleet for the preceding year
26 in this and other jurisdictions. If no operations were conducted with the
27 fleet during the preceding year, the application shall contain a full state-
28 ment of the proposed method of operation and estimates of annual mileage in
29 this state and other jurisdictions. The department shall determine the in-
30 state and total fleet miles to be used in computing the fee payment for the
31 fleet. The department may evaluate and adjust the estimate in the application
32 if it is not satisfied as to the correctness submitted.
33 (10) The department may refuse to accept proportional registration appli-
34 cations for the registration of vehicles based in another jurisdiction if it
35 shall find that the other jurisdiction does not grant similar registration
36 privileges to fleet vehicles based in or owned by residents of this state.
37 (11) Any owner whose application for proportional registration has been
38 accepted shall preserve the records on which the application is based for a
39 period of four (4) years following the year of application. The owner shall
40 agree to make his records accessible to the department for audit as to accu-
41 racy of computations, payments and assessments of deficiencies or allowances
42 for credit. The department shall make arrangements with agencies of other
43 jurisdictions administering motor vehicle registration laws for joint audits
44 of any owner or exchange of audit information. No assessment for deficiency or
45 claim for credit may be made for any period for which records are no longer
46 required. Any sums found to be due and owing upon audit shall bear interest of
47 six per cent (6%) from the date when they should have been paid until the date
48 of actual payment. If the audit discloses a deliberate and willful intent to
49 evade the requirements of appropriate payment under subsection (2)(b) of this
50 section, an additional penalty of ten per cent (10%) shall also be assessed.
51 (125) No provision of this section relating to proportional registration
52 of fleet vehicles shall be construed as requiring any vehicle to be propor-
53 tionally registered if it is otherwise registered in this state for the opera-
54 tion in which it is engaged including regular registration or temporary trip
55 permit.
16
1 (13) Proportionally registered vehicles having a maximum gross weight in
2 excess of sixty thousand (60,000) pounds shall pay a use fee in accordance
3 with section 49-434(4), (5), (6) and (7), Idaho Code, as applicable.
4 SECTION 9. That Section 49-435A, Idaho Code, be, and the same is hereby
5 repealed.
6 SECTION 10. That Section 49-436, Idaho Code, be, and the same is hereby
7 repealed.
8 SECTION 11. That Section 49-437, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-437. INCREASE IN MAXIMUM GROSS WEIGHT -- FEES FOR REMAINING PORTION OF
11 YEAR. (1) When a motor vehicle registered under section 49-434 or 49-435,
12 Idaho Code, has once been registered and during the year of that registration
13 increases the maximum gross weight, the higher fee due for the weight increase
14 shall be offset by the fee already paid. The fee already paid and the fee due
15 shall be prorated by one-twelfth (1/12) for each month already expired in the
16 registration year. The difference between the two (2) fees shall be the bal-
17 ance due for the remainder of the registration year. If an owner decreases the
18 weight during a registration year, the weight decrease shall not result in a
19 refund of the fees already paid.
20 (2) If a motor vehicle is not operated on any highway during the first
21 months of a calendar year, the owner may at any time thereafter be registered
22 for the remainder of the year on payment of all fees, rounded to the nearest
23 whole dollar, as provided in this chapter, less one-twelfth (1/12) of such
24 fees for each full calendar month which has expired prior to registering, but
25 in no event shall the minimum fee be less than five dollars ($5.00).
26 SECTION 12. That Section 49-438, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 49-438. PENALTY FOR EXCEEDING REGISTERED GROSS WEIGHT. Any person who
29 shall operate, cause, permit, or suffer to be operated upon any highway any
30 vehicle or combination of vehicles with a gross weight in excess of the regis-
31 tered gross weight of the vehicle specified in this title, without having paid
32 the additional registration and use fees required, shall have committed an a
33 violation under the infraction or misdemeanor provisions of section 49-1013,
34 Idaho Code.
35 SECTION 13. That Section 49-439, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 49-439. AUDIT GUIDELINES. (1) The department may audit an owner of motor
38 vehicles subject to fees pursuant to this chapter once every five four (54)
39 years unless probable cause, as defined by department rules and regulations,
40 exists that the owner has not paid fees due pursuant to this chapter or has
41 underreported or underpaid fees due pursuant to this chapter. An owner
42 selected for audit more frequently than the five four (54) years may have the
43 audit selection reviewed for determination of the absence of probable cause by
44 the district court of the county where the owner resides or where the owner's
45 place of business is located or in Ada County, at the discretion of the owner.
46 The department shall promulgate rules and regulations outlining its procedures
47 for audit selection, assignment and inventory. Any owner of motor vehicles
17
1 who has been subjected to an audit by the department that has not been in com-
2 pliance with the provisions of this section or rules and regulations promul-
3 gated pursuant thereto may recover attorney's fees and costs as may be deter-
4 mined by a court or may receive his attorney's fees and costs if granted, all
5 or in part, by the director all in accordance with section 12-117, Idaho Code.
6 (2) Every owner whose fees are computed as specified in section 49-434 or
7 49-435, Idaho Code, except those registering under subsection (8)(c) of sec-
8 tion 49-434, Idaho Code, for over fifty thousand (50,000) miles driven, shall
9 maintain records and permit the department to inspect the records upon request
10 to substantiate that the actual miles traveled, if using a mileage schedule in
11 subsection (8)(c) of section 49-434, Idaho Code, are less than the maximum
12 mileage schedule.
13 (3) When the records are maintained outside this state by owners engaged
14 in transportation in this state, the owner shall reimburse the department for
15 reasonable expenses incurred by the department in making audits of those
16 records and accounts at the out-of-state location. The owner or the department
17 may request that the records be presented at a place within the state desig-
18 nated by the department. The records must be presented by a representative of
19 the owner who is familiar with the records and who is responsible for the
20 safekeeping of the records.
21 (4) Every owner is required to maintain records for the current year and
22 the three (3) years immediately preceding. If an assessment has been made,
23 such fees may be collected by a proceeding in court within a period of three
24 (3) years after the assessment or a final order entered pursuant to subsection
25 (7) of this section.
26 (5) An owner who fails to maintain records as required by the provisions
27 of this section may have the registration of all vehicles registered under
28 section 49-434 or 49-435, Idaho Code, suspended until such time as adequate
29 records as required by the provisions of this section are provided. In the
30 event that the owner does not produce records, the department may assess a fee
31 based on an estimate of the operation. The department shall promulgate rules
32 specifying the methodology to be used to assess a fee based on an estimate of
33 the operation.
34 (6) An owner who fails to pay any fees due is subject to suspension of
35 vehicle registrations in addition to a penalty of ten percent (10%) of the
36 amount of fee determined to be due, plus interest of one percent (1%) of the
37 amount of the fee due for each month or fraction thereof after the fee became
38 due. An order suspending the vehicle registration shall be mailed to the owner
39 by the department. The suspension shall be canceled if the payment due is
40 made, plus penalty and interest, along with a reinstatement fee of forty dol-
41 lars ($40.00) per carrier within fifteen (15) days after receipt of the sus-
42 pension order. The department may remit all or any part of the penalty and
43 interest if satisfied that the delay was excusable. The department shall pro-
44 mulgate rules specifying when the penalty may be held in abeyance or be for-
45 given. The reinstatement fees shall be deposited to the state highway account.
46 The owner shall have the right to appeal the suspension by petitioning the
47 department for a hearing within ten (10) days after receipt of the suspension
48 order. If the suspension is subsequently canceled pursuant to the appeal, the
49 reinstatement fee shall not be due.
50 (7) An owner may contest an assessment made by the department within
51 thirty (30) days from receipt of the assessment by filing an appeal with the
52 department. Upon receipt of an appeal, the director or his authorized repre-
53 sentative shall schedule an informal conference between the owner and a repre-
54 sentative of the department. The informal conference must be conducted within
55 twenty (20) days from the date of receipt of notice of intent to appeal by the
18
1 owner. The owner and the representative of the department shall reduce all
2 conclusions, agreements and decisions to writing and the written report of the
3 results of that conference shall be provided to the director within ten (10)
4 days. If the results of the informal conference are not satisfactory to the
5 owner, he may continue with the appeal by informing the director in writing,
6 and the director or his authorized representative shall appoint a hearing
7 officer to conduct a contested case hearing in accordance with chapter 52,
8 title 67, Idaho Code. The hearing officer may subpoena witnesses and evidence
9 and administer oaths. The hearing officer shall prepare written findings of
10 fact and conclusions of law for the director or his authorized representative.
11 Upon receipt of findings of fact and conclusions of law, the director or his
12 authorized representative shall issue a final order affirming, modifying or
13 reversing the original assessment. All final orders rendered by the director
14 or his authorized representative shall be appealable in accordance with chap-
15 ter 52, title 67, Idaho Code.
16 SECTION 14. That Section 49-504, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 49-504. APPLICATIONS TO DEPARTMENT FOR CERTIFICATES -- PROCEDURE -- IDEN-
19 TIFICATION NUMBERS. (1) Application for a certificate of title shall be made
20 upon a form furnished by the department and shall contain a full description
21 of the vehicle including the make, identification numbers, and the odometer
22 reading at the time of sale or transfer, and whether the vehicle is new or
23 used, together with a statement of the applicant's title and of any liens or
24 encumbrances upon the vehicle, and the name and address of the person to whom
25 the certificate of title shall be delivered, and any other information as the
26 department may require. The application shall be filed with the department,
27 and if a certificate of title has previously been issued for that vehicle in
28 this state, shall be accompanied by the certificate of title duly assigned,
29 unless otherwise provided for in this chapter. The department may promulgate
30 rules and regulations to provide for exceptions to the odometer requirement.
31 (2) If a certificate of title has not previously been issued for the
32 vehicle in this state, the application, unless otherwise provided for in this
33 chapter, shall be accompanied by a proper bill of sale or a duly certified
34 copy thereof, or by a certificate of title, bill of sale or other evidence of
35 ownership required by the law of any other state from which the vehicle was
36 brought into this state, and a vehicle identification number inspection com-
37 pleted by any city, county or state peace officer or other special agent
38 authorized by the department.
39 (3) In the case of a new vehicle being titled for the first time, no cer-
40 tificate of title or registration shall be issued unless the application is
41 indorsed by a franchised new vehicle dealer licensed to sell a new vehicle.
42 Each application shall be accompanied by a manufacturers''s certificate of
43 origin or manufacturers''s statement of origin executed by the manufacturer
44 and delivered to his agent or his franchised vehicle dealer. The certificate
45 or statement of origin shall be in a form prescribed by the board and shall
46 contain the year of manufacture or the model year of the vehicle, the
47 manufacturer's vehicle identification number, the name of the manufacturer,
48 the number of cylinders, a general description of the body, if any, and the
49 type or model. Upon sale of a new vehicle, the manufacturer, his agent or
50 franchised dealer shall execute and deliver to the purchaser an assignment of
51 the certificate or statement, together with any lien or encumbrance to which
52 the vehicle is subject.
53 (4) The department shall retain the evidence of title presented by the
19
1 applicant and on which the certificate of title is issued. The department
2 shall maintain an identification numbers index of registered vehicles, and
3 upon receiving an application for a certificate of title, shall first check
4 the identification number shown in the application against the index. The
5 department, when satisfied that the applicant is the owner of the vehicle and
6 that the application is in proper form, shall issue in the name of the owner
7 of the vehicle a certificate of title bearing a title number, the date issued
8 and a description of the vehicle as determined by the department, together
9 with a statement of the owner's title and of all liens or encumbrances upon
10 the vehicle, and whether possession is held by the owner under a lease, con-
11 tract or conditional sale, or other like agreement.
12 (5) In all cases of transfer of vehicles the application for certificates
13 of title shall be filed within thirty (30) calendar days after the delivery of
14 the vehicles. Licensed dealers need not apply for certificate of title for
15 vehicles in stock or when they are acquired for stock purposes.
16 (6) In the case of the sale of a vehicle by a dealer to a general pur-
17 chaser or user, the certificate of title shall be obtained in the name of the
18 purchaser by the dealer upon application signed by the purchaser. If a lien is
19 to be recorded, the title documentation as required in this section shall be
20 submitted to the department by the dealer or the lienholder upon application
21 signed by the purchaser. A copy of this application shall be given to the pur-
22 chaser to be used as a seventy-two (72) hour temporary permit. In all other
23 cases the certificates shall be obtained by the purchaser and the seller's
24 bill of sale shall serve as a seventy-two (72) hour permit. This temporary
25 permit allows operation of any noncommercial vehicle or unladened commercial
26 vehicle or vehicle combination without license plates for the period of time
27 specified in the permit. A ladened commercial vehicle or vehicle combination
28 may also operate without license plates for the period of time specified in
29 the temporary permit provided that the owner or operator has also obtained a
30 permit issued under the provisions of section 49-432, Idaho Code, and provided
31 user fees have been paid for the ladened weight and mileage.
32 (7) If the vehicle has no identification number, then the department
33 shall designate an identification number for that vehicle at the time of issu-
34 ance of the certificate of title. The identification number shall be perma-
35 nently affixed to or indented upon the frame of the vehicle and legibly main-
36 tained by the owner at all times while a certificate of title to the vehicle
37 shall be issued and outstanding.
38 SECTION 15. That Section 49-1001, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 49-1001. ALLOWABLE GROSS LOADS. The gross load imposed on the highway by
41 any vehicle or combination of vehicles shall not exceed the limits in this
42 section. The maximum single axle gross weight shall be twenty thousand
43 (20,000) pounds, the maximum single wheel gross weight shall be ten thousand
44 (10,000) pounds and the maximum gross vehicle or combination weight shall be
45 one hundred five thousand five hundred (105,500) pounds, provided that maximum
46 gross vehicle or combination weight on United States federal interstate and
47 defense highways of this state shall not exceed eighty thousand (80,000)
48 pounds, except as permitted under the provisions of section 49-1004, Idaho
49 Code.
50 (1) The total gross weight imposed on the highway by any group of consec-
51 utive axles shall be determined by the following formula:
52 W=500((LN/N-1)+12N+36)
53 Where W is the maximum weight in pounds (to the nearest 500 pounds) car-
20
1 ried on any group of two (2) or more consecutive axles. L is the distance in
2 feet between the extremes of any group of two (2) or more consecutive axles,
3 and N is the number of axles under consideration.
21
22
23
1 (a) A public highway agency may limit the application of the weights
2 authorized in this section as to certain highways within its jurisdiction
3 which it determines have limited structural capacity of pavements,
4 bridges, or other appurtenances. In designating such highways, it may
5 specify a minimum wheelbase for combinations to be operated thereon. It
6 may also designate specific highways or portions on which operation of a
7 combination of vehicles with seven (7) through thirteen (13) axles will be
8 subject to specified lesser allowable gross weights.
9 (b) Notwithstanding the figures shown in the table in this subsection
10 (1), two (2) consecutive sets of tandem axles may carry a gross load of
11 thirty-four thousand (34,000) pounds each, providing the overall distance
12 between the first and last axles of such consecutive sets of tandem axles
13 is thirty-six (36) feet or more.
14 (c) Vehicles may operate with reducible loads at gross weights greater
15 than one hundred five thousand five hundred (105,500) pounds but not
16 exceeding one hundred twenty-nine thousand (129,000) pounds on noninter-
17 state highways in accordance with the provisions of section 49-1004, Idaho
18 Code, provided such vehicles are in compliance with the weight formula
19 specified in this subsection (1) of this section, have registered and have
20 paid the weight-distance operating registration fees calculated as speci-
21 fied in section 49-434, Idaho Code, and are in compliance with the length
22 restrictions set forth in section 49-1010(7), Idaho Code.
23 (2) The weight limitations set forth in the table in subsection (1) of
24 this section shall not apply to any vehicle, or combination of vehicles when a
25 greater allowed weight in pounds would be permitted such vehicles under the
26 table provided in this subsection, except that with regard to transportation
27 on the United States federal interstate and defense highways of this state,
28 the following table of allowable weights shall apply only to vehicles engaged
29 in the transportation of logs, pulp wood, stull, rough lumber, poles or pil-
30 ing; or to any such vehicle engaged in the transportation of ores, concen-
31 trates, sand and gravel and aggregates thereof, in bulk; or to any such vehi-
32 cle engaged in the transportation of agricultural commodities, including live-
33 stock:
34 Distance in feet between Allowed Load in Pounds
35 the extremes of any group Vehicles with Vehicles with
36 of 2 or more consecutive Three or Four Five or more
37 axles axles axles
38 3 through 12 37,800 37,800
39 13 56,470 56,470
40 14 57,940 57,940
41 15 59,400 59,400
42 16 60,610 60,610
43 17 61,820 61,820
44 18 63,140 63,140
45 19 64,350 64,350
46 20 65,450 65,450
47 21 66,000 66,330
48 22 66,000 67,250
49 23 66,000 67,880
50 24 66,000 68,510
51 25 66,000 69,150
52 26 66,000 69,770
53 27 66,000 70,400
54 28 66,000 70,950
55 29 66,000 71,500
24
1 Distance in feet between Allowed Load in Pounds
2 the extremes of any group Vehicles with Vehicles with
3 of 2 or more consecutive Three or Four Five or more
4 axles axles axles
5 30 66,000 72,050
6 31 72,600
7 32 73,150
8 33 73,700
9 34 74,250
10 35 74,800
11 36 75,350
12 37 75,900
13 38 76,450
14 39 77,000
15 40 77,550
16 41 78,100
17 42 78,650
18 43 and over 79,000
19 The weight allowances provided in this subsection do not apply if the total
20 gross weight of a vehicle or combination of vehicles is intended to exceed
21 seventy-nine thousand (79,000) pounds as declared by the operator. When the
22 provisions of this subsection are applicable to a vehicle or combination of
23 vehicles, it shall be a violation of the provisions of this subsection if that
24 vehicle or combination of vehicles exceeds the weights specified in this
25 table.
26 (3) In determining the gross weight of a vehicle or the gross weight of
27 any two (2) or more consecutive axles under subsection (1) or (2) or (9) of
28 this section, the total gross weight of the vehicle or combination of vehicles
29 or the gross weight of any two (2) or more consecutive axles shall be the sum
30 of the axle weights.
31 For the purposes of this chapter the gross weight of a vehicle or the
32 gross weight of any two (2) or more consecutive axles may be determined by
33 accumulatively adding the separate weights of individual axles and tandem
34 axles or groups of axles to determine gross weight. The results of any weigh-
35 ing at a temporary or permanent port of entry and the records relating to the
36 calibration and accuracy of any scale at a temporary or permanent port of
37 entry shall be admissible in any proceeding in this state. In order to prove a
38 violation of the provisions of this section the state must show that:
39 (a) The sum of the axle weights exceeds what is allowable under the pro-
40 visions of subsection (1) or (2) or (9) of this section;
41 (b) The scale involved in the weighing was at the time of weighing cali-
42 brated in conformity with and met the accuracy requirements of the stan-
43 dards for the enforcement of traffic and highway laws as set forth in the
44 latest edition of handbook 44 of the national institute of standards and
45 technology;
46 (c) Weights of individual axles or axles within a commonly suspended
47 group of axles supported by a mechanical system designed to distribute
48 equal wheel loads to individual axles in the group were utilized only to
49 determine gross weights of that group of axles, and that any further eval-
50 uation of gross weights of combinations of axles considered only the accu-
51 mulated gross weight of each such commonly suspended group of axles.
52 (4) In applying the weight limitations imposed in this section, a vehicle
53 or combination of vehicles must comply exclusively with the weight limitations
54 in either subsection (1) or (2) or (9) of this section.
55 (5) In applying the weight limitations imposed in this section, the dis-
25
1 tance between axles shall be measured to the nearest even foot. When a frac-
2 tion is exactly one-half (1/2) foot the next larger whole number shall be
3 used.
4 (6) The limitations imposed in this section are in addition and supple-
5 mental to all other laws imposing limitations upon the size and weight of
6 vehicles. Further, single axles within groups of axles are subject to the pro-
7 visions and limitations of this chapter. Single axles within groups of axles
8 may be weighed and evaluated separately, or single axles may be prequalified
9 in accordance with rules or ordinances established by the board or other pub-
10 lic road jurisdiction, if any of the following conditions exist regarding the
11 single axle within a group of axles:
12 (a) A suspension system common to all axles in the group of axles does
13 not exist.
14 (b) One (1) or more axles in the group of axles is equipped with separate
15 variable load suspension controls to regulate the weight carried by indi-
16 vidual axles.
17 (c) One (1) or more axles in a group of axles is equipped with more or
18 fewer tires than other axles in the group of axles.
19 (d) All tires in the group of axles are not the same size as determined
20 by the manufacturer's sidewall rating.
21 (7) Notwithstanding the other provisions of this chapter, no vehicle,
22 motor vehicle, trailer and/or semitrailer, or combination thereof, may be
23 operated on the public highways of the state under loads which would result in
24 the withholding of funds by operation of controlling federal law as provided
25 in the Federal Aid Highway Act of 1956, as amended.
26 (8) Except as provided herein, no vehicle or combination of vehicles may
27 proceed past the place of weighing at temporary or permanent ports of entry or
28 checking stations when: the weight of a single axle exceeds the maximum limi-
29 tations set forth herein by two thousand (2,000) pounds or more; the weight of
30 a combination of axles, or gross vehicle weight exceeds the maximum allowable
31 weight as set forth herein by seven percent (7%) or more. Vehicles or combina-
32 tions of vehicles which exceed the weight limitations set forth herein shall
33 be required to be brought into compliance with applicable weight limitations
34 contained within this subsection at the place of weighing prior to continuing,
35 except those vehicles or combinations of vehicles which are transporting loads
36 which, in the determination of the board or other proper authorities in charge
37 of or having jurisdiction over a highway, are deemed unsafe or impractical to
38 bring into compliance at the place of weighing, and except those vehicles
39 which do not exceed fifteen percent (15%) over maximum axle and axle group
40 weights set forth in this section. Vehicles or combinations of vehicles trans-
41 porting loads in this latter category shall obtain a travel authorization to
42 the nearest place of safe unloading, load adjustment or other means of
43 legalization.
44 (a) Neither the state of Idaho or its employees, nor any authority and
45 its employees in charge of or having jurisdiction over a highway, shall be
46 held liable for personal injury or property damage resulting from the
47 requirements of section 49-1001(8), Idaho Code.
48 (b) The fee for a travel authorization as set forth above shall be fifty
49 dollars ($50.00) and shall be on a form prescribed by the board or other
50 proper authorities, and shall not be construed as contributing to a reduc-
51 tion in the penalties prescribed in section 49-1013, Idaho Code.
52 (c) The board or other proper authorities in charge of or having juris-
53 diction over a highway shall adopt and enforce administrative rules as may
54 be necessary to carry out the provisions of this section.
55 (9) For vehicles on all highways except the United States federal inter-
26
1 state and defense highways of this state, the following table shall apply:
2 Distance in feet between Allowed Load in Pounds
3 the extremes of any group Vehicles with Vehicles with
4 of 2 or more consecutive Three or Four Five or more
5 axles axles axles
6 3 through 12 37,800 37,800
7 13 56,470 56,470
8 14 57,940 57,940
9 15 59,400 59,400
10 16 60,610 60,610
11 17 61,820 61,820
12 18 63,140 63,140
13 19 64,350 64,350
14 20 65,450 65,450
15 21 66,000 66,330
16 22 66,000 67,250
17 23 66,000 67,880
18 24 66,000 68,510
19 25 66,000 69,150
20 26 66,000 69,770
21 27 66,000 70,400
22 28 66,000 70,950
23 29 66,000 71,500
24 30 66,000 72,050
25 31 72,600
26 32 73,150
27 33 73,700
28 34 74,250
29 35 74,800
30 36 75,350
31 37 75,900
32 38 76,450
33 39 77,000
34 40 77,550
35 41 78,100
36 42 78,650
37 43 and over 80,000
38 The weight allowances provided in this subsection do not apply if the total
39 gross weight of a vehicle or combination of vehicles is intended to exceed
40 eighty thousand (80,000) pounds as declared by the operator. When the provi-
41 sions of this subsection are applicable to a vehicle or combination of vehi-
42 cles, it shall be a violation of the provisions of this subsection if that
43 vehicle or combination of vehicles exceeds the weights specified in this
44 table.
45 (10) When owned by or under contract to or under authority of a city,
46 county, or state agency, refuse/sanitation trucks transporting refuse may be
47 operated on public highways in accordance with the weights allowed in subsec-
48 tion (9) of this section, except that such trucks equipped with single rear
49 axles are allowed twenty-four thousand (24,000) pounds on that single rear
50 axle when specifically authorized by the public highway agency governing the
51 highways over which the refuse/sanitation truck is operating and provided the
52 following conditions are met:
53 (a) The weight allowances provided for in this subsection shall not apply
54 to the United States federal interstate and defense highways of the state;
27
1 and
2 (b) The owner or operator has paid an annual operating fee for a permit,
3 not to exceed fifty dollars ($50.00) per refuse/sanitation truck to each
4 public agency governing the public highways over which the
5 refuse/sanitation truck operates. The permit shall be carried in the
6 refuse/sanitation truck. The permit fee may be waived by a public agency
7 for refuse/sanitation trucks operated over public highways under that
8 agency's jurisdiction.
9 (11) Variable load suspension axles shall meet the following criteria in
10 order to be included in the computation of gross vehicle or axle weight limits
11 for vehicles under the provisions of this section:
12 (a) The deployment control switch for such axles may be located inside of
13 the driver's compartment but the pressure regulator valve for the opera-
14 tion of pressure on the pavement shall be located outside of and inacces-
15 sible to the driver's compartment.
16 (b) The manufacturer's gross axle weight rating of each such axle must
17 not be less than the actual loading of the axle.
18 (c) All variable load suspension axles mounted on a vehicle after January
19 1, 1990, shall be designed to be self-steering in a manner that will guide
20 or direct the variable load suspension mounted wheels through a turning
21 movement without undue tire scrubbing or pavement scuffing.
22 (d) The manufacturer's gross tire weight rating of each tire must not be
23 less than the actual loading of the tire.
24 (e) Variable load suspension axles must be fully deployed or fully
25 raised. For applicable definitions, see sections 49-117 and 49-123, Idaho
26 Code.
27 (12) Any person who operates a motor vehicle with a variable load suspen-
28 sion axle in violation of the provisions of this section shall be subject to
29 the penalties provided in section 49-1013, Idaho Code.
30 SECTION 16. That Section 49-1004, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 49-1004. PERMITS FOR OVERWEIGHT OR OVERSIZE LOADS. (1) Upon application
33 in writing to the board or other proper authorities in charge of, or having
34 jurisdiction over a highway, the board or authorities may in their discretion
35 issue a special permit to the owner or operator of any vehicle allowing vehi-
36 cles or loads having a greater weight or size than permitted by law to be
37 moved or carried over and on the highways and bridges.
38 (a) Special permits shall be in writing and may limit the time of use and
39 operation over the particular highways and bridges which may be traversed
40 and may contain any special conditions and require any undertaking or
41 other security as the board or other proper authority shall deem to be
42 necessary to protect the highways and bridges from injury, or provide
43 indemnity for any injury to highways and bridges or to persons or property
44 resulting from such operation.
45 (b) The owner or operator of an overweight or oversize vehicle shall
46 obtain a permit, or shall establish intent to obtain a permit by
47 contacting a permit office and receiving a permit number before moving the
48 vehicle on the highways.
49 (c) All special permits or evidence of intent to obtain a permit, shall
50 be carried in the vehicles to which they refer and shall upon demand be
51 delivered for inspection to any peace officer, authorized agent of the
52 board or any officer or employee charged with the care or protection of
53 the highways.
28
1 (2) Nonreducible vehicles or combinations of vehicles hauling
2 nonreducible loads at weights in excess of those set forth in section
3 49-1001, Idaho Code, shall pay fees as set forth in this subsection (2). Such
4 fees are based on the number of axles on the vehicle or combination of vehi-
5 cles and the total gross weight.
6 Column 1 Column 2
7 Number of axles Gross weight of vehicle Gross weight of vehicle
8 and load in pounds and load in pounds
9 2 40,001 -
10 3 54,001 -
11 4 68,001 -
12 5 80,001 131,001
13 6 97,001 148,001
14 7 114,001 165,001
15 (a) To determine the maximum allowable permit fee for vehicles with more
16 than seven (7) axles, the table can be extended by adding seventeen thou-
17 sand (17,000) pounds to the last listed weight in both columns 1 and 2 for
18 each added axle.
19 (b) Permit fees for column 1 shall start at four cents (4) per mile and
20 increase four cents (4) per mile for each additional two thousand (2,000)
21 pound increment up to the weight indicated in column 2. Permit fees for
22 column 2 shall start at one dollar and two cents ($1.02) per mile and
23 increase seven cents (7) per mile for each additional two thousand
24 (2,000) pound increment.
25 (c) Vehicles operating at weights less than the starting weights per axle
26 configuration listed in column 1 shall be charged fees as stated in sec-
27 tion 49-434(9), Idaho Code four cents (4) per mile.
28 (d) For vehicles operating with axles wider than eight (8) feet six (6)
29 inches or axles with more than four (4) tires per axle, the fee may be
30 reduced by the board or other proper authority having jurisdiction over a
31 highway.
32 (e) From July 1, 1998, through June 30, 1999, the fee charged per mile
33 pursuant to this subsection shall be assessed at one-half (1/2) the calcu-
34 lated fee. On and after July 1, 1999, the fee charged per mile shall be
35 calculated and assessed in accordance with this subsection.
36 (3) It shall be unlawful for any person to violate, or to cause or permit
37 to be violated, the limitations or conditions of special permits and any
38 violation shall be deemed for all purposes to be a violation of the provisions
39 of this chapter.
40 (24) A special pilot project route permit authorizing travel on pilot
41 project routes may be issued by the board or a local public highway agency for
42 operation of vehicles with a legal maximum gross weight of at least one hun-
43 dred five thousand five hundred one (105,501) pounds but not exceeding one
44 hundred twenty-nine thousand (129,000) pounds. Such pilot project routes on
45 nonstate and noninterstate highways shall be determined by the local highway
46 agency for those roads under its jurisdiction, based on criteria established
47 by the board. No local public highway agency shall approve a pilot project
48 route which provides a thoroughfare for interstate carriers to pass through
49 the state. State pilot project routes designated by the board based on crite-
50 ria established by the board and identified on a map entitled "Designated
51 Pilot Project Routes" are:
52 (a) Ashton to Kimberly to Twin Falls to Nevada using US-20, US-30, SH-33,
53 US-93, SH-25, SH-50 and SH-74.
54 (b) Interstate 15 to Wyoming or Utah border using US-30, SH-34 and US-91.
55 Additions or deletions to the approved state pilot project routes specified in
29
1 paragraphs (a) and (b) of this subsection (24) shall be made only with the
2 approval of the state legislature.
3 (35) An annual administrative permit fee for operating on pilot project
4 routes at the weights specified in subsection (24) of this section shall be
5 set by the board for travel on state pilot project routes and by the local
6 public highway agency for travel on routes under its jurisdiction, but not to
7 exceed a maximum of fifty dollars ($50.00) per vehicle. The annual permit
8 shall cover administrative costs. Local public highway agencies are authorized
9 to request the department to issue permits on their behalf. Permit fees for
10 permits issued by the department shall be retained by the department to cover
11 administrative costs. In addition to the annual administrative permit fee and
12 the weight-distance fee for weights up to one hundred five thousand five hun-
13 dred (105,500) pounds, the appropriate weight-distance fee for weights over
14 one hundred five thousand five hundred (105,500) pounds shall be calculated
15 and collected in accordance with the fee schedules set forth in section
16 49-434, Idaho Code.
17 SECTION 17. LEGISLATIVE INTENT. It is legislative intent that, contingent
18 upon certification by the Secretary of State that he has received notice from
19 the appropriate court of the Fourth Judicial District that the court has
20 granted final approval of a settlement pursuant to Case No. CV OC 9700724D,
21 American Trucking Association, et al. v. State of Idaho, et al., the following
22 provisions setting forth the process for transitioning from a combination of
23 registration fees and weight-distance use fees to a system of registration
24 fees only, shall take effect as provided herein. These following provisions
25 are both integral and necessary for the administration and implementation of
26 the new registration system. It is legislative intent that the following pro-
27 visions for vehicle registrations shall be in effect, subject to the contin-
28 gencies stated above, from October 1, 2000, through September 30, 2001. Sub-
29 section (5) shall continue to be in effect until the expiration of the appli-
30 cable limitations period under that subsection.
31 (1) With regard to registrations for vehicles exceeding sixty thousand
32 pounds gross vehicle weight which expire on December 31, 2000, the Idaho
33 Transportation Department may accept payment for registration fees that will
34 become effective on January 1, 2001, beginning October 1, 2000, and the owners
35 of those vehicles shall cease to accrue new liability for repealed weight-
36 distance use fees on January 1, 2001, and shall be liable for the new regis-
37 tration fees on January 1, 2001. An owner shall pay at least one-quarter of
38 the annual Idaho registration fee due. The remainder of the annual Idaho reg-
39 istration fee shall be paid in three equal installments on dates as billed by
40 the department.
41 (2) With regard to registration under the International Registration Plan
42 for foreign-based vehicles exceeding sixty thousand pounds gross vehicle
43 weight which expire in any month beginning October 1, 2000, through September
44 30, 2001, the owners of those vehicles shall cease to accrue new liability for
45 the repealed weight-distance use fees and shall be liable for the new regis-
46 tration fees on the first day of the month during which their registration is
47 due. Owners of vehicles whose registration has not yet expired during a given
48 calendar quarter shall continue to accrue, report and remit the weight-
49 distance use fees until the quarter in which their registration expires under
50 the repealed weight-distance statutes.
51 (3) With regard to registration under the International Registration Plan
52 for Idaho-based vehicles exceeding sixty thousand pounds gross vehicle weight
53 which expire in any month beginning October 1, 2000, through September 30,
54 2001, the owners of those vehicles shall have the option of converting from
30
1 the weight-distance use fee system to the registration fee only system at the
2 time their registration is scheduled to expire, or may convert any time during
3 the period from October 1, 2000, through September 30, 2001. At the time of
4 conversion, the owner shall pay all weight-distance use fees due and shall pay
5 at least one-quarter of the annual Idaho registration fee due, less any unex-
6 pired portion of registration fees already paid. The remainder of the annual
7 Idaho registration fee shall be paid in three equal installments on dates as
8 billed by the department.
9 (4) With regard to registration under the International Registration
10 Plan for Idaho-based vehicles exceeding sixty thousand pounds gross vehicle
11 weight which are being registered for the first time during the period from
12 October 1, 2000, through September 30, 2001, the owner shall pay at least one-
13 quarter of the annual Idaho registration fee and shall pay all other amounts
14 due and owing to all other jurisdictions in which the owner intends to oper-
15 ate. The remainder of the annual registration fee due to Idaho shall be paid
16 in three equal installments on dates as billed by the department.
17 (5) The Idaho Transportation Department may continue to enforce the
18 repealed statutes addressing payment and collection of weight-distance use
19 fees to audit and collect weight-distance use fees for the limitation period
20 that would be in effect if the weight-distance use fees had not been repealed.
21 Further, it is legislative intent that for registrations or renewals
22 occurring on and after October 1, 2001, all owners of vehicles exceeding sixty
23 thousand pounds gross vehicle weight who are registering in Idaho for the
24 first time, or who are renewing registrations on the registration fee only
25 system, shall pay the full annual Idaho registration fee at the time of regis-
26 tration or renewal of registration.
27 SECTION 18. REPORTING REQUIREMENTS. The Legislature hereby directs the
28 Idaho Transportation Department to review the level of fees collected under
29 the repealed system of registration fees and weight-distance use fees with the
30 newly enacted system of registration fees only.
31 During the First Regular Session and the Second Regular Session of the
32 Fifty-sixth Idaho Legislature, the department shall provide the information
33 and data necessary for the germane committees of the Legislature to review the
34 transition from weight-distance use fees to a system of registration fees
35 only. Such review shall include, but not be limited to, matters related to
36 installment payments for the registration fee, and the schedule of registra-
37 tion fees in columns 2, 3 and 4 of the table in Section 49-434(8)(c), Idaho
38 Code.
39 The Idaho Transportation Department shall report the revenues raised under
40 the year preceding and the last year of the old weight-distance use fees sys-
41 tem and the first and second years of the new registration fee only system to
42 the Second Regular Session of the Fifty-seventh Idaho Legislature.
43 SECTION 19. Section 1 of this act shall be in full force and effect on
44 and after July 1, 2000, contingent upon certification by the Secretary of
45 State that he has received notice from the appropriate court of the Fourth
46 Judicial District that the court has granted final approval of a settlement
47 pursuant to Case No. CV OC 9700724D, American Trucking Association, et al. v.
48 State of Idaho, et al., or on and after the date the Secretary of State so
49 certifies final approval of the settlement, whichever occurs later.
50 SECTION 20. Sections 2 through 18 of this act shall be in full force and
51 effect on and after October 1, 2000, contingent upon certification by the Sec-
52 retary of State that he has received notice from the appropriate court of the
31
1 Fourth Judicial District that the court has granted final approval of a set-
2 tlement pursuant to Case No. CV OC 9700724D, American Trucking Association, et
3 al. v. State of Idaho, et al., or on and after the date the Secretary of State
4 so certifies final approval of the settlement, whichever occurs later.
STATEMENT OF PURPOSE
RS 10328C1
Fourth Judicial District, District Court Judge McLaughlin ruled in Case No. CVOC9700724D, American
Trucking Association et. al. v. State of Idaho et. al., that Idaho's limited commodity use fee rate schedule
under Section 49-434 (9), Idaho Code, violates the Commerce Clause of the United States Constitution
and is, therefore, invalid. In accordance with the Court's ruling, the limited commodity use fee schedule
under Section 49-434 (8), Idaho Code, on April 1, 2000.
This legislation repeals the use fee tax schedules based on mills per mile for vehicles weighing in excess
of 60,000 pounds and replaces it with an annual registration system. The new registration schedule of
fees, effective October 1, 2000, (contingent on certification of court approval) provides reduced rates for
vehicles operating at 7,500 miles per yeart or less and also for vehicles operating at 7,501 to 50,000 miles
per year. A carrier operating at fewer than 2,500 miles per year would pay a flat rate regardless of
weight. The audit frequency for carriers is changed from five years to four years to conform with
standard practices and to comply with the statute of limitations on record retention. The legislation
provides for the adminstration of the transition from a use fee system to a registration system and includes
provisions that are necessary and integral to the transition. Such provisions include the option for carriers
to pay the new registration fee after October 1, 2000, but prior to their registration renewal date or to
continue paying under the weight-distance use fee schedule until their current registration expires. The
legislation also provides for carriers to pay the Idaho portion of their registration fees in four equal
installment payments during the one-year transition period.
This legislation creates a settlement fund into which shall be deposited all funds appropriated for the
settlement of this matter. The monies in the settlement fund shall be used to satisfy the settlement
agreement in this matter as authorized and approved by the Fourth Judicial District Court.
This legislation is contingent upon certification by the Secretary of State that he has received notice from
the appropriate court of the Fourth Judicial District that the court has granted final approval of the
American Trucking Association (ATA) settlement agreement pursuant to Case No. CVOC9700724D. If
the Secretary of State has not certified receipt of the court's approval, then no part of this legislation will
become effective until such certification is issued.
FISCAL IMPACT
Implementation of the replacement registration fee schedule is intended to be revenue neutral to the
Highway Distribution Account in the amount of approximately $41.3 million.
CONTACTS
Name: Senator Evan Frasure, Representative Jim Kempton
Phone: 332-1000
Name: Mary York, Deputy Attorney General
Agency: Idaho Transportation Department
Phone: 334-8812
Statement of Purpose/Fiscal Note S 158