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H0369...............................................by REVENUE AND TAXATION
COMMERCIAL VEHICLES - TEMPORARY PERMITS - Amends existing law to provide
for issuance of temporary permits to operate certain motor vehicles at a
weight in excess of the registered maximum gross vehicle weight; and to
provide a penalty for operation of a vehicle at a weight in excess of the
weight allowed by the temporary permit.
03/20 House intro - 1st rdg - to printing
03/21 Rpt prt - to Transp
03/23 Rpt out - rec d/p - to 2nd rdg
Rls susp - PASSED - 65-0-4(1 vacant)
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kunz, Lake, Langford, Loertscher,
Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Trail,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Gould, Kendell, Marley, Tilman
Vacant -- Dist. #23
Floor Sponsor -- Cuddy
Title apvd - to Senate
03/26 Senate intro - 1st rdg - to Transp
03/28 Rpt out - rec d/p - to 2nd rdg
Rls susp - PASSED - 32-0-3
AYES -- Andreason, Boatright, Branch, Brandt, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Ingram, Keough, King-Barrutia, Lodge, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Bunderson, Ipsen, Lee
Floor Sponsor -- Keough
Title apvd - to House
03/29 To enrol - rpt enrol - Sp signed - Pres signed
03/30 To Governor
04/09 Governor signed
Session Law Chapter 355
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 369
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO TEMPORARY MOTOR VEHICLE REGISTRATIONS; AMENDING SECTION 49-119,
3 IDAHO CODE, TO DEFINE "REGISTERED MAXIMUM GROSS WEIGHT" AND TO MAKE TECH-
4 NICAL CORRECTIONS; AMENDING SECTION 49-432, IDAHO CODE, TO PROVIDE FOR
5 TEMPORARY OPERATION OF A VEHICLE IN EXCESS OF THE REGISTERED MAXIMUM GROSS
6 VEHICLE WEIGHT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-434,
7 IDAHO CODE, TO PROVIDE FOR PURCHASE OF TEMPORARY PERMITS FOR OPERATION OF
8 VEHICLES AT WEIGHTS IN EXCESS OF THE REGISTERED MAXIMUM GROSS WEIGHT; AND
9 AMENDING SECTION 49-438, IDAHO CODE, TO PROVIDE A PENALTY FOR OPERATING A
10 VEHICLE AT A WEIGHT IN EXCESS OF THE REGISTERED MAXIMUM GROSS WEIGHT
11 ALLOWED BY A TEMPORARY PERMIT.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 49-119, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 49-119. DEFINITIONS -- R.
16 (1) "Racing" means the use of one (1) or more vehicles in an attempt to
17 outgain, outdistance, or prevent another vehicle from passing, to arrive at a
18 given destination ahead of another vehicle, or to test the physical stamina or
19 endurance of drivers over long-distance driving routes.
20 (2) "Radio operator, amateur" means any person licensed by the Federal
21 Communications Commission to engage in private and experimental two-way radio
22 operation and holding a conditional class license or higher.
23 (3) "Railroad" means a carrier of persons or property upon cars operated
24 upon stationary rails.
25 (4) "Railroad train" means a steam engine, electric or other motor, with
26 or without cars coupled thereto, operated upon rails.
27 (5) "Railroad sign" or "signal" means any sign, signal or device erected
28 by authority of a public body or official or by a railroad and intended to
29 give notice of the presence of railroad tracks or the approach of a railroad
30 train.
31 (6) "Recreational vehicle" means a motor home, travel trailer, truck cam-
32 per or camping trailer, with or without motive power, designed for human habi-
33 tation for recreational or emergency occupancy. It does not include pick-up
34 hoods, shells, or canopies designed, created or modified for occupational
35 usage. School buses or van type vehicles which are converted to recreational
36 use, are defined as recreational vehicles.
37 (7) "Registered maximum gross weight" means the maximum gross weight
38 established on the registration document as declared by the owner at the time
39 of registration or renewal of registration.
40 (8) "Registered owner" means any person required to register a vehicle,
41 whether or not a lien holder lienholder appears on the title in the records of
42 the department.
43 (89) "Registration" means the registration certificate or certificates
2
1 and license plate or plates issued under the laws of this state pertaining to
2 the registration of vehicles.
3 (910) "Rental utility trailer" means a utility trailer offered for hire
4 to the general public for private or commercial use.
5 (101) "Rescission of sale." (See section 28-2-608, Idaho Code)
6 (112) "Resident" means for purposes of vehicle registration, titling, a
7 driver's license or an identification card, a person whose domicile has been
8 within Idaho continuously for a period of at least ninety (90) days, excluding
9 a full-time student who is a resident of another state. A person, including a
10 full-time student who has established a domicile in Idaho may declare resi-
11 dency earlier than ninety (90) days for vehicle registration, titling,
12 driver's license and identification card purposes. Establishment of residency
13 shall include a spouse and dependent children who reside with that person in
14 the domicile. A domicile shall not be a person's workplace, vacation or part-
15 time residence.
16 (123) "Residential district." (See "District"," section 49-105, Idaho
17 Code)
18 (134) "Residential neighborhood" for purposes of this chapter, is an area
19 abutting a highway which is used primarily for nontransient human habitation,
20 parks and churches.
21 (145) "Revocation of driver's license" means the termination by formal
22 action of the department or as otherwise provided in this title of a person's
23 driver's license or privilege to operate a motor vehicle on the highways,
24 which terminated driver's license or privilege shall not be subject to renewal
25 or restoration except that an application for a new driver's license may be
26 presented and acted upon by the department after the expiration of the appli-
27 cable period of time prescribed in this title.
28 (156) "Revocation of vehicle registration" means the termination by formal
29 action of the department or as otherwise provided in this title of a person's
30 vehicle registration or, in the case of fleets of vehicles, all vehicle regis-
31 trations in each fleet operated by a company. Upon revocation, the privileges
32 of operating the vehicles on Idaho highways is terminated until the difficulty
33 that caused the revocation is corrected and an application for new registra-
34 tion is presented and acted upon.
35 (167) "Ridesharing arrangement" means the nonprofit transportation in a
36 passenger motor vehicle with a seating capacity not exceeding fifteen (15)
37 people including the driver, which is not otherwise used for commercial pur-
38 poses or as a public conveyance, whereby a fixed group, not exceeding fifteen
39 (15) people including passengers and driver, is transported between their res-
40 idences or nearby termini, and their places of employment or educational or
41 other institutions or termini near those places, in a single daily round trip
42 where the driver is also on the way to or from his place of employment or edu-
43 cation or other institution.
44 (178) "Right-of-way" means the right of one (1) vehicle or pedestrian to
45 proceed in a lawful manner in preference to another vehicle or pedestrian
46 approaching under circumstances of direction, speed and proximity as to give
47 rise to danger of collision unless one grants precedence to the other. The
48 term shall not be interpreted to mean that a highway user is relieved from the
49 duty to exercise reasonable care at all times and from doing everything to
50 prevent an accident. Failure to yield right-of-way shall not be construed as
51 negligence per se or as prima facie evidence of negligence.
52 (189) "Roadway" means that portion of a highway improved, designed or
53 ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms
54 and rights-of-way.
3
1 SECTION 2. That Section 49-432, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-432. TEMPORARY REGISTRATION FOR RESIDENTS AND NONRESIDENTS -- FEES.
4 (1) When a vehicle or combination of vehicles subject to registration is to be
5 moved upon the public highways in the state of Idaho, the department may issue
6 a trip permit in lieu of registration for any vehicle or combination of vehi-
7 cles upon the payment of a fee as set forth in the following schedule:
8 (a) Ninety-six (96) hour trip permit
9 Single vehicle.................................................$25.00
10 Combination of vehicles .......................................$50.00
11 (b) Fuel permit ...................................................$25.00
12 (2) Permits to operate a vehicle or combination of vehicles in excess of
13 the registered maximum gross vehicle weight up to a maximum of one hundred six
14 thousand (106,000) pounds gross vehicle weight shall be:
15 (a) One hundred twenty (120) hour permit to increase gross weight .......
16 ....................................................................$50.00
17 (b) Thirty (30) day permit to increase gross vehicle weight:
18 Maximum Registered Gross Temporary Permitted
19 Weight of Vehicle Maximum Gross Weight
20 (Pounds) (Pounds)
21 80,000 86,000 96,000 106,000
22 50,001-60,000 $225 $250 $275 $300
23 60,001-70,000 $150 $175 $200 $250
24 70,001-78,000 $ 75 $150 $175 $200
25 78,001-84,000 $ 75 $150 $175
26 84,001-94,000 $ 75 $150
27 94,001-104,000 $ 75
28 The permit issued pursuant to this subsection (2) shall be specific to the
29 motor vehicle to which it is issued. No permit or fee shall be transferable or
30 apportionable to any other vehicle, nor shall any such fee be refundable. At
31 the time of purchasing a permit, the applicant may purchase additional permits
32 in any combination which does not exceed a maximum of ninety (90) days.
33 (3) A temporary trip permit shall be in a form, and issued under rules
34 adopted by the board, and shall be displayed at all times while the vehicle is
35 being operated on the highways by posting the permit upon the windshield of
36 each vehicle or in another prominent place, where it may be readily legible.
37 (4) Any permit issued pursuant to subsection (2) of this section shall be
38 purchased prior to movement of the vehicle on a highway, and such permit shall
39 be in addition to and available only to a vehicle which is currently and val-
40 idly registered in Idaho pursuant to section 49-432(1), 49-434(1),
41 49-434(8)(c) or 49-435, Idaho Code.
42 (35) The department may select vendors to serve as agents on state high-
43 ways for the purpose of selling trip permits where fixed ports of entry do not
44 adequately serve a respective highway entering the state. The vendor shall be
45 remunerated at the rate of two three dollars ($23.00) per permit sold, and he
46 shall collect the fees specified in this section, and pay the fees to the
47 department. The vendor shall guarantee payment by giving a bond to the state
48 in a sum as shall be fixed by the board, the premium on the bond to be paid by
49 the department.
50 (46) An owner-operator vehicle moving between lessee fleets where the
51 vehicle registration was issued in the name of the former lessee, shall be
52 eligible for a ninety-six (96) hour trip permit for the unladen movement from
53 the point of entry into the state to the destination of the new lessee's place
4
1 of business.
2 SECTION 3. That Section 49-434, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 49-434. OPERATING FEES. (1) There shall be paid on all commercial vehi-
5 cles, noncommercial vehicles, and on all farm vehicles having a maximum gross
6 weight not in excess of sixty thousand (60,000) pounds, an annual registration
7 fee in accordance with the following schedule.
8 Maximum Gross Weight Annual Registration Fee
9 (Pounds) Noncommercial and Commercial
10 Farm Vehicles Vehicles
11 8,001-16,000 inc. .....................$ 48.00 $ 48.00
12 16,001-26,000 inc. ..................... 61.08 143.40
13 26,001-30,000 inc. ..................... 91.68 223.80
14 30,001-40,000 inc. ..................... 130.08 291.60
15 40,001-50,000 inc. ..................... 188.28 360.00
16 50,001-60,000 inc. ..................... 311.88 515.40
17 (2) There shall be paid on all commercial vehicles, irrespective of body
18 type, and on all farm vehicles having a maximum gross weight in excess of
19 sixty thousand (60,000) pounds, an annual registration fee in the amount pre-
20 scribed by subsection (8) of this section, as applicable.
21 (3) In addition, the annual registration fee for trailers shall be:
22 (a) Trailer or semitrailer in a combination of vehicles ...........$15.00
23 (b) Rental utility trailer with a gross weight of two thousand (2,000)
24 pounds or less ......................................................$8.00
25 (c) Rental utility trailer with a gross weight over two thousand (2,000)
26 pounds .............................................................$15.00
27 (4) As an option to the trailer and semitrailer annual registration, the
28 department may provide extended registration.
29 (a) For trailers and semitrailers, the optional extended-registration
30 period shall not extend beyond seven (7) years.
31 (b) The fee shall be fifteen dollars ($15.00) for each year.
32 (c) The license plate originally issued shall remain on the trailer or
33 semitrailer until the registration expires.
34 (d) The registration document shall be the official record of the status
35 of the extended registration. No pressure-sensitive validation sticker
36 shall be required.
37 (e) For rental utility trailers, the optional registration period shall
38 not extend beyond five (5) years. The fee shall be as specified in subsec-
39 tion (3)(b) or (c) of this section. A pressure-sensitive sticker shall be
40 used to validate the license plate. The license plate shall become void if
41 the owner's interest in the rental utility trailer changes during the five
42 (5) year period. If the owner fails to enter the rental utility trailer on
43 the annual renewal application during the five (5) year period, the regis-
44 tration record shall be purged. Any unrenewed plate shall be returned to
45 the department if it is not entered on the renewal application.
46 (5) A fleet registration option is available to owners who have twenty-
47 five (25) or more commercial or farm vehicles or any combination thereof. Such
48 owners may register all of their company vehicles with the department in lieu
49 of registering with a county assessor. To qualify the fleet must be owned and
50 operated under the unified control of one (1) person and the vehicles must be
51 physically garaged and maintained in two (2) or more counties. Fleet registra-
52 tion shall not include fleets of rental vehicles. The department shall provide
53 a registration application to the owner and the owner shall provide all infor-
5
1 mation that the department determines is necessary. The department shall
2 devise a special license plate numbering system for fleet-registered vehicles
3 as an alternative to county license plates. The fleet registration application
4 and all subsequent registration renewals shall include the physical address
5 where a vehicle is principally used, garaged and maintained. The fleet owner
6 shall report the physical address to the department upon initial registration,
7 on each renewal, and at any time a vehicle registered under this option is
8 permanently transferred to another location.
9 (6) If the ownership of a vehicle changes during the registration period,
10 the original owner may transfer the plate to another vehicle. The remaining
11 fee shall be credited against the cost of the new registration. Refunds may be
12 given for any unexpired portion of the vehicle registration fee if the plate
13 is not transferred by the owner to another vehicle. Any request for refund
14 shall include surrender of the license plate, validation sticker and registra-
15 tion document. Owners of vehicles registered under the international registra-
16 tion plan may request a refund of the unexpired portion of the Idaho vehicle
17 registration fee by presenting evidence from the base jurisdiction that the
18 license plate, validation sticker and registration document have been surren-
19 dered. A license plate shall not be transferred to another owner when the own-
20 ership of a vehicle changes. The owner shall obtain a replacement plate, vali-
21 dation sticker if required, and a registration document when a plate is lost,
22 destroyed or becomes illegible.
23 (7) An administrative fee of four dollars ($4.00) shall be paid and
24 deposited to the state highway account on all registrations completed by the
25 department under subsection (1) or (8)(a) of this section. Vehicles registered
26 under subsection (8)(b) of this section shall pay the fee provided in section
27 49-435(2), Idaho Code.
28 (8) There shall be paid on all commercial and farm vehicles having a max-
29 imum gross weight in excess of sixty thousand (60,000) pounds, a registration
30 fee based upon the maximum gross weight of a vehicle as declared by the owner
31 and the total number of miles driven on roads and highways in the state,
32 county, city and highway district systems in Idaho, and if registered under
33 the international registration plan (IRP), in all other jurisdictions. The
34 appropriate registration fee shall be determined as follows:
35 (a) If the owner registers vehicles under the international registration
36 plan (IRP), the appropriate mileage column shall be determined by the
37 total miles an owner operated a fleet of vehicles on roads and highways in
38 the state, county, city and highway district systems in Idaho and in all
39 other jurisdictions in the preceding year, as defined in section 49-117,
40 Idaho Code, and by the maximum gross weight of each vehicle within a
41 fleet.
42 (b) If the owner registers vehicles under the international registration
43 plan and determines that the average international registration plan fleet
44 miles, calculated by dividing the total IRP fleet miles in all jurisdic-
45 tions by the number of registered vehicles, is less than fifty thousand
46 one (50,001) miles, the owner may apply to the department for refund of a
47 portion of the registration fees paid, consistent with the fee schedules
48 set forth in this section. The department shall provide an application for
49 the refund. An owner making application for refund under this section
50 shall be subject to auditing as provided in section 49-439, Idaho Code.
51 (c) If the owner is not registering vehicles under the international reg-
52 istration plan, the appropriate mileage column shall be determined by the
53 total miles the owner operated each of the vehicles to be registered on
54 roads and highways in the state, county, city and highway district systems
55 in Idaho in the preceding year and by the maximum gross weight of each
6
1 vehicle.
2 Maximum Gross
3 Weight of Vehicle Total Miles Driven
4 (Pounds)
5 1-7,500 7,501-50,000 Over 50,000
6 60,001-62,000 $210 $ 840 $1,400
7 62,001-64,000 240 960 1,600
8 64,001-66,000 270 1,080 1,800
9 66,001-68,000 300 1,200 2,000
10 68,001-70,000 330 1,320 2,200
11 70,001-72,000 360 1,440 2,400
12 72,001-74,000 390 1,560 2,600
13 74,001-76,000 420 1,680 2,800
14 76,001-78,000 450 1,800 3,000
15 78,001-80,000 480 1,920 3,200
16 80,001-82,000 495 1,980 3,300
17 82,001-84,000 510 2,040 3,400
18 84,001-86,000 525 2,100 3,500
19 86,001-88,000 540 2,160 3,600
20 88,001-90,000 555 2,220 3,700
21 90,001-92,000 570 2,280 3,800
22 92,001-94,000 585 2,340 3,900
23 94,001-96,000 600 2,400 4,000
24 96,001-98,000 615 2,460 4,100
25 98,001-100,000 630 2,520 4,200
26 100,001-102,000 645 2,580 4,300
27 102,001-104,000 660 2,640 4,400
28 104,001-106,000 675 2,700 4,500
29 106,001-108,000 690 2,760 4,600
30 108,001-110,000 705 2,820 4,700
31 110,001-112,000 720 2,880 4,800
32 112,001-114,000 735 2,940 4,900
33 114,001-116,000 750 3,000 5,000
34 116,001-118,000 765 3,060 5,100
35 118,001-120,000 780 3,120 5,200
36 120,001-122,000 795 3,180 5,300
37 122,001-124,000 810 3,240 5,400
38 124,001-126,000 825 3,300 5,500
39 126,001-128,000 840 3,360 5,600
40 128,001-129,000 855 3,420 5,700
41 (d) In addition to the fees set forth in paragraphs (a) and (c) of this
42 subsection (8), an owner or operator may purchase a temporary permit as
43 provided in section 49-432(2), Idaho Code, for operation of a vehicle at a
44 weight in excess of the current, valid, registered maximum gross vehicle
45 weight. The permit so issued shall be specific to the motor vehicle to
46 which it is issued. No permit or fee shall be transferable or apportion-
47 able to any other vehicle, nor shall any such fee be refundable.
48 (e) Any commercial or farm vehicle registered for more than sixty thou-
49 sand (60,000) pounds up to one hundred six thousand (106,000) pounds
50 traveling fewer than two thousand five hundred (2,500) miles annually on
51 roads and highways in the state, county, city and highway district systems
52 in Idaho shall pay an annual registration fee of two hundred fifty-five
53 dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not
54 apply to vehicles registered under this subsection (8)(de).
55 (9) (a) During the first registration year that the fee schedule in sub-
7
1 section (8)(c) of this section is in use, an owner shall use the mileage
2 data from the records used to report the mileage use fee in the immedi-
3 ately preceding year as the basis for determining the appropriate regis-
4 tration fee schedule.
5 (b) Any owner who registers a motor vehicle for the first time and who
6 has no mileage history for the vehicle shall estimate the miles to deter-
7 mine the appropriate fee schedule in subsection (8)(c) of this section.
8 When estimating the miles, the owner shall provide a statement on the
9 application of the method used to arrive at the estimated miles.
10 (c) Any owner using any fee schedule other than the highest fee schedule
11 under subsection (8)(c) of this section, shall certify at the time of reg-
12 istration that the miles operated in the preceding year do not exceed the
13 schedule applied for. Any owner using a fee schedule under subsection
14 (8)(c) of this section that is less than the highest schedule shall main-
15 tain records to substantiate the use of the schedule as required by sec-
16 tion 49-439, Idaho Code.
17 (10) If any vehicle or combinations of vehicles haul nonreducible loads,
18 as authorized under the provisions of section 49-1004, Idaho Code, and weigh
19 less than the starting weights per axle configuration listed in column 1 of
20 subsection (2), section 49-1004, Idaho Code, then and in that event there
21 shall be paid for that vehicle, in addition to the other fees required in this
22 section, an additional use fee of 2.1 mills per mile for each two thousand
23 (2,000) pounds or fraction thereof of the maximum gross weight in excess of
24 those set forth in section 49-1001, Idaho Code.
25 SECTION 4. That Section 49-438, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 49-438. PENALTY FOR EXCEEDING REGISTERED GROSS WEIGHT OR PERMITTED MAXI-
28 MUM REGISTERED GROSS WEIGHT. (1) Any person who shall operate, cause, permit,
29 or suffer to be operated upon any highway any vehicle or combination of vehi-
30 cles with a gross weight in excess of the registered maximum gross weight of
31 the vehicle specified in this title, without having paid the additional regis-
32 tration fees required, shall have committed a violation under the infraction
33 or misdemeanor provisions of section 49-1013, Idaho Code.
34 (2) Any person who shall operate, cause, permit, or suffer to be operated
35 upon any highway any vehicle or combination of vehicles with a gross weight in
36 excess of the registered maximum gross weight not authorized by a valid permit
37 issued pursuant to section 49-432, Idaho Code, shall have committed a viola-
38 tion under the infraction or misdemeanor provisions of section 49-1013, Idaho
39 Code.
STATEMENT OF PURPOSE
RS 11276
The purpose of this legislation is to allow a vehicle to
temporarily increase the maximum allowable legal load by
requiring a permit stipulating the increased weight.
FISCAL IMPACT
There is no fiscal impact to the general fund and it is
estimated to be revenue neutral to the highway users funds.
Contact
Name: Rep. Chuck Cuddy
Phone: 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 369