View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0422aaS.....................................................by MR. SPEAKER
Requested by: Department of Transportation
DRIVER'S LICENSES - Amends existing law to update ministerial procedures
relating to motor vehicle driver's licenses and driving privileges.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Transp
01/15 Rpt out - rec d/p - to 2nd rdg
01/16 2nd rdg - to 3rd rdg
01/19 3rd rdg - PASSED - 61-9-0
AYES -- Alexander(Alexander), Alltus, Barraclough, Barrett, Bell,
Bieter, Bivens, Black(15), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crow, Cuddy, Deal, Ellsworth, Field(13), Field(20)(Field),
Gagner, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Mader, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Stevenson, Stoicheff, Stone, Stubbs, Tilman, Trail, Watson, Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- Black(23), Crane, Denney, Geddes, Loertscher, Sali, Schaefer,
Taylor, Tippets
Absent and excused -- None
Floor Sponsor - Ridinger
Title apvd - to Senate
01/20 Senate intro - 1st rdg - to Transp
02/06 Rpt out - to 14th Ord
02/13 Rpt out amen - to 1st rdg as amen
02/16 1st rdg - to 2nd rdg as amen
02/17 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 25-6-4
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Deide, Dunklin, Geddes, Hansen, Ingram, Ipsen,
Lee, McLaughlin, Noh, Parry, Risch, Sandy, Schroeder, Stennett,
Sweeney, Thorne, Wheeler
NAYS--Branch, Frasure, Hawkins, Keough, King, Whitworth
Absent and excused--Richardson, Riggs, Sorensen, Twiggs
Floor Sponsor - Bunderson
Title apvd - to House
03/11 House concurred in Senate amens - to engros
03/12 Rpt engros - 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 65-1-4
AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Mortensen, Newcomb, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stone, Taylor, Tilman, Tippets, Trail,
Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Stoicheff
Absent and excused -- Alltus, Miller, Pischner, Stubbs
Floor Sponsor - Ridinger
Title apvd - to enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 110
Effective: 07/01/98
H0422|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 422, As Amended in the Senate BY MR. SPEAKER Requested by: Department of Transportation 1 AN ACT 2 RELATING TO MOTOR VEHICLE DRIVER LICENSES AND DRIVING PRIVILEGES; AMENDING 3 SECTION 18-8001, IDAHO CODE, TO PROVIDE FOR RECEIPT OF LEGAL NOTICE PURSU- 4 ANT TO LAW AND TO REQUIRE THAT THE TRANSPORTATION DEPARTMENT BE NOTIFIED 5 OF CHANGE OF ADDRESS; AMENDING SECTION 31-2202, IDAHO CODE, TO AUTHORIZE 6 THE SALE OF IDENTIFICATION CARDS BY COUNTY SHERIFFS; AMENDING SECTION 7 33-1702, IDAHO CODE, TO REQUIRE THE TRANSPORTATION DEPARTMENT TO WORK WITH 8 THE STATE BOARD OF EDUCATION IN ESTABLISHING STANDARDS FOR DRIVER TRAINING 9 PROGRAMS; AMENDING SECTION 33-4804, IDAHO CODE, AS ADDED BY SECTION 10, 10 CHAPTER 234, LAWS OF 1994, TO REDESIGNATE THE SECTION AND TO PROVIDE THAT 11 THE AMOUNT OF REVENUE CREDITED TO THE MOTORCYCLE SAFETY PROGRAM FUND IS 12 THE SAME AMOUNT AS IS ASSESSED FOR A MOTORCYCLE ENDORSEMENT INSTRUCTION 13 PERMIT OR ENDORSEMENT; AMENDING SECTION 49-104, IDAHO CODE, TO DELETE THE 14 DEFINITION OF CHAUFFEUR AND TO CLARIFY PROCEDURE TO REINSTATE A CANCELLED 15 DRIVER'S LICENSE; AMENDING SECTION 49-105, IDAHO CODE, TO PROVIDE THAT AN 16 ENDORSEMENT T MAY BE OBTAINED ON CLASS B AND C DRIVER'S LICENSES; AMENDING 17 SECTION 49-108, IDAHO CODE, TO REDEFINE "GROSS COMBINATION WEIGHT RATING" 18 AND TO REDEFINE "GROSS VEHICLE WEIGHT RATING"; AMENDING SECTION 49-116, 19 IDAHO CODE, TO REDEFINE "OUT OF SERVICE ORDER"; AMENDING SECTION 49-202, 20 IDAHO CODE, TO REVISE RECORDKEEPING REQUIREMENTS PERFORMED BY THE TRANS- 21 PORTATION DEPARTMENT RELATING TO STOLEN VEHICLES, CERTIFICATES OF TITLE, 22 VEHICLE REGISTRATION NUMBERS, RENEWAL OF DRIVER LICENSES AND IDENTIFICA- 23 TION CARDS AND EVIDENCE OF EXAMINATIONS TAKEN, CANCELLATION OF DRIVER'S 24 LICENSE OR IDENTIFICATION CARD PENDING PAYMENT OF FEES AND ADMINISTRATION 25 OF SPECIFIED TESTS; AMENDING SECTION 49-237, IDAHO CODE, TO CLARIFY THE 26 CONTENT AND FORM OF RECORDS OF CONVICTION RECEIVED BY THE TRANSPORTATION 27 DEPARTMENT FROM JUDICIAL OFFICERS; AMENDING THE HEADING FOR CHAPTER 3, 28 TITLE 49, IDAHO CODE; AMENDING SECTION 49-302, IDAHO CODE, TO CLARIFY TER- 29 MINOLOGY RELATING TO EXEMPTION FROM LICENSURE AND TO DELETE PROVISION FOR 30 EXEMPTION OF CERTAIN NONRESIDENTS EIGHTEEN YEARS OF AGE AND OLDER; AMEND- 31 ING SECTION 49-303, IDAHO CODE, TO CLARIFY CONDITIONS UNDER WHICH CERTAIN 32 PERSONS SHALL NOT BE LICENSED AND TO MAKE A TECHNICAL CORRECTION; AMENDING 33 SECTION 49-303A, IDAHO CODE, TO PROVIDE THAT REINSTATEMENT FEES SHALL BE 34 PAID BEFORE A MINOR WHOSE DRIVING PRIVILEGES WERE LOST MAY BE REINSTATED; 35 AMENDING SECTION 49-304, IDAHO CODE, TO CLARIFY TIMELINES IN THE ISSUANCE 36 OF A MOTORCYCLE ENDORSEMENT; AMENDING SECTION 49-305, IDAHO CODE, TO PRO- 37 VIDE THAT AN INSTRUCTION PERMIT IS VALID UP TO 180 DAYS, TO PROVIDE FOR 38 CANCELLATION OF A TEMPORARY LICENSE AND FOR ISSUANCE OF A DRIVER'S TRAIN- 39 ING INSTRUCTION PERMIT AND TO DELETE REQUIREMENT FOR DIRECT SUPERVISION 40 WHILE OPERATING A MOTORCYCLE WITH A MOTORCYCLE ENDORSEMENT INSTRUCTION 41 PERMIT; AMENDING SECTION 49-306, IDAHO CODE, TO PROVIDE A FEE FOR A 42 RESTRICTED DRIVING PERMIT AND FOR DISPOSITION OF THE FEE, TO REVISE THE 43 PROCEDURE FOR ISSUANCE OF A DRIVER'S TRAINING INSTRUCTION PERMIT AND TO 44 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-307, IDAHO CODE, TO PRO- 45 VIDE THAT FEES PAID FOR DRIVER'S TRAINING INSTRUCTION PERMITS ARE NONRE- 46 FUNDABLE; AMENDING SECTION 49-313, IDAHO CODE, TO CLARIFY PROVISIONS 2 1 RELATING TO THE EXAMINATION OF APPLICANTS FOR A DRIVER'S LICENSE, SEASONAL 2 LICENSE, INSTRUCTION PERMIT OR MOTORCYCLE ENDORSEMENT; AMENDING SECTION 3 49-315, IDAHO CODE, TO PROVIDE THAT THE DEPARTMENT MAY ALLOW AN APPLICANT 4 FOR A DRIVER'S LICENSE PHOTOGRAPH TO WEAR HEADGEAR FOR RELIGIOUS PURPOSES 5 SO LONG AS THE FACE IS NOT DISGUISED OR CONCEALED AND TO PROVIDE PROPER 6 TERMINOLOGY; AMENDING SECTION 49-318, IDAHO CODE, TO PROVIDE PROPER TERMI- 7 NOLOGY; AMENDING SECTION 49-319, IDAHO CODE, TO CLARIFY TIMELINES AND 8 TESTS REQUIRED UPON THE EXPIRATION AND RENEWAL OF A DRIVER'S LICENSE; 9 AMENDING SECTION 49-320, IDAHO CODE, TO ALLOW A LICENSED DRIVER THIRTY 10 DAYS TO NOTIFY THE DEPARTMENT OF CHANGE OF ADDRESS; AMENDING SECTION 11 49-321, IDAHO CODE, TO PROVIDE THAT ACCIDENT REPORTS AND ABSTRACTS OF 12 COURT RECORDS MAY BE IN EITHER PAPER OR ELECTRONIC FORM; AMENDING SECTION 13 49-324, IDAHO CODE, TO PROVIDE THAT THE TRANSPORTATION DEPARTMENT SHALL 14 SUSPEND, DISQUALIFY OR REVOKE A DRIVER'S LICENSE OR DRIVING PRIVILEGE UPON 15 RECEIPT OF NOTICE OF ANY ADMINISTRATIVE ACTION OR COURT ORDER IN ANOTHER 16 STATE; AMENDING SECTION 49-326, IDAHO CODE, TO PROVIDE THAT A CONVICTION, 17 COURT ORDER OR ADMINISTRATIVE ACTION AUTHORIZES THE TRANSPORTATION DEPART- 18 MENT TO SUSPEND, DISQUALIFY OR REVOKE A DRIVER'S LICENSE OR DRIVING PRIVI- 19 LEGE AS PROVIDED BY LAW AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC- 20 TION 49-335, IDAHO CODE, TO PROVIDE FOR DISQUALIFICATION OF COMMERCIAL 21 DRIVING PRIVILEGES FOR A FIRST VIOLATION OF ANY STATE OR FEDERAL LAW; 22 AMENDING SECTION 49-1208, IDAHO CODE, TO CLARIFY THAT DRIVING PRIVILEGES 23 SHALL REMAIN SUSPENDED OR REVOKED UNTIL PROOF OF FINANCIAL RESPONSIBILITY 24 IS GIVEN AND MAINTAINED FOR THE REQUIRED PERIOD OF TIME; AMENDING SECTION 25 49-1301, IDAHO CODE, TO DELETE A CODE REFERENCE; AMENDING SECTION 49-1416, 26 IDAHO CODE, TO PROVIDE THAT REPORTS TO THE DEPARTMENT MAY BE IN EITHER 27 PAPER OR ELECTRONIC FORM AND TO CLARIFY THAT RECORDS ARE OPEN TO THE PUB- 28 LIC UNLESS EXEMPT FROM DISCLOSURE; AMENDING SECTION 49-2443, IDAHO CODE, 29 TO DELETE THE REQUIREMENT TO PROVIDE PLACE OF BIRTH ON APPLICATION FOR AN 30 IDENTIFICATION CARD; AND AMENDING SECTION 49-2444, IDAHO CODE, TO CLARIFY 31 PROCEDURES FOR ISSUANCE OF AN IDENTIFICATION CARD. 32 Be It Enacted by the Legislature of the State of Idaho: 33 SECTION 1. That Section 18-8001, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 18-8001. DRIVING WITHOUT PRIVILEGES. (1) Any person who drives or is in 36 actual physical control of any motor vehicle upon the highways of this state 37 with knowledge or who has received legal notice pursuant to section 38 49-320, Idaho Code, that his driver's license, driving privileges or 39 permit to drive is revoked, disqualified or suspended in this state or any 40 other jurisdiction is guilty of a misdemeanor. 41 (2) A person has knowledge that his license, driving privileges or permit 42 to drive is revoked, disqualified or suspended when: 43 (a) He has actual knowledge of the revocation, disqualification or sus- 44 pension of his license, driving privileges or permit to drive; or 45 (b) He has received oral or written notice from a verified, authorized 46 source, that his license, driving privileges or permit to drive was 47 revoked, disqualified or suspended; or 48 (c) Notice of the suspension, disqualification or revocation of his 49 license, driving privileges or permit to drive was mailed by certified 50 mailto his address as shown on the citation which resulted in the51suspension, disqualification or revocation, and if such notice was52returned it was remailedto his address pursuant to section 3 1 49-320, Idaho Code, as shown in the transportation 2 department records, and he failed to receive the notice or learn of its 3 contents as a result of his own unreasonable, intentional or negligent 4 conduct or his failure to keep the transportation department 5 apprised of his mailing address as required by section 49-320, Idaho Code 6 ; or 7 (d) He has knowledge of, or a reasonable person in his situation exercis- 8 ing reasonable diligence would have knowledge of, the existence of facts 9 or circumstances which, under Idaho law, might have caused the revocation, 10 disqualification or suspension of his license, driving privileges or per- 11 mit to drive. 12 (3) Any person who pleads guilty to or is found guilty of a violation of 13 subsection (1) for the first time: 14 (a) Shall be sentenced to jail for a mandatory minimum period of not less 15 than two (2) days, and may be sentenced to not more than six (6) months, 16 provided however, that in the discretion of the sentencing judge, the 17 judge may authorize the defendant to be assigned to a work detail program 18 within the custody of the county sheriff during the period of incarcera- 19 tion; 20 (b) May be fined an amount not to exceed five hundred dollars ($500); and 21 (c) Shall have his driving privileges suspended by the court for an addi- 22 tional six (6) months following the end of any period of suspension, dis- 23 qualification or revocation existing at the time of the violation; the 24 defendant may request restricted driving privileges during the period of 25 the suspension or disqualification, which the court may allow if the 26 defendant shows by a preponderance of the evidence that driving privileges 27 are necessary for his employment or for family health needs. 28 (4) Any person who pleads guilty to or is found guilty of a violation of 29 subsection (1) for a second time within five (5) years, irrespective of the 30 form of the judgment(s) or withheld judgment(s): 31 (a) Shall be sentenced to jail for a mandatory minimum period of not less 32 than twenty (20) days, and may be sentenced to not more than one (1) year, 33 provided however, that in the discretion of the sentencing judge, the 34 judge may authorize the defendant to be assigned to a work detail program 35 within the custody of the county sheriff during the period of incarcera- 36 tion; 37 (b) May be fined an amount not to exceed one thousand dollars ($1,000); 38 and 39 (c) Shall have his driving privileges suspended by the court for an addi- 40 tional one (1) year following the end of any period of suspension, dis- 41 qualification or revocation existing at the time of the second violation, 42 during which time he shall have absolutely no driving privileges of any 43 kind. 44 (5) Any person who has pled guilty to or been found guilty of more than 45 two (2) violations of the provisions of subsection (1) of this section within 46 five (5) years, notwithstanding the form of the judgment(s) or withheld 47 judgment(s), is guilty of a felony; and 48 (a) Shall be sentenced to the custody of the state board of correction 49 for not to exceed three (3) years; provided that notwithstanding the pro- 50 visions of section 19-2601, Idaho Code, should the court impose any sen- 51 tence other than incarceration in the state penitentiary, the defendant 52 shall be sentenced to the county jail for a mandatory minimum period of 53 not less than thirty (30) days; and further provided that notwithstanding 54 the provisions of section 18-111, Idaho Code, a conviction under this sec- 55 tion shall be deemed a felony; 4 1 (b) May be fined an amount not to exceed three thousand dollars ($3,000); 2 and 3 (c) Shall have his driving privileges suspended by the court for an addi- 4 tional three (3) years following the end of any period of suspension, dis- 5 qualification or revocation existing at the time of the violation, during 6 which time he shall have absolutely no driving privileges of any kind. 7 (6) A minor may be prosecuted for a violation of subsection (1) of this 8 section under title 16, Idaho Code. 9 (7) If a person is convicted for a violation of section 18-8004 or 10 18-8006, Idaho Code, and at the time of arrest had no driving privileges, the 11 penalties imposed by this section shall be in addition to any penalties 12 imposed under the provisions of section 18-8005 or 18-8006, Idaho Code, and 13 not in lieu thereof. 14 SECTION 2. That Section 31-2202, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 31-2202. DUTIES OF SHERIFF. The policy of the state of Idaho is that the 17 primary duty of enforcing all penal provisions and statutes of the state is 18 vested with the sheriff of each county as provided in section 31-2227, Idaho 19 Code. The sheriff shall perform the following: 20 1. Preserve the peace. 21 2. Arrest and take before the nearest magistrate for examination all per- 22 sons who attempt to commit or who have committed a public offense, unless 23 otherwise provided by law. 24 3. Prevent and suppress all affrays, breaches of the peace, riots and 25 insurrections which may come to his knowledge. 26 4. Attend all courts, including magistrate's division of the district 27 court when ordered by a district judge, at their respective terms held within 28 his county, and obey the lawful orders and directions of the courts. 29 5. Command the aid of as many inhabitants of the county as he may think 30 necessary in the execution of these duties. 31 6. Take charge of and keep the county jail and the prisoners therein. 32 7. Indorse upon all process and notices the year, month, day, hour and 33 minute of reception, and issue therefor to the person delivering it, on pay- 34 ment of fees, a certificate showing the names of the parties, title of paper 35 and time of reception. 36 8. Serve all process and notices in the manner prescribed by law. 37 9. Certify under his hand upon process or notices the manner and time of 38 service, or, if he fails to make service, the reasons of his failure, and 39 return the same without delay. 40 10. Perform such other duties as are required of him by law. 41 11. Keep a record of all stolen cars reported within his county, which 42 record shall contain the name of the motor vehicle, the engine number thereof, 43 a complete description of such vehicle and such other information as may aid 44 in the identification of the stolen car. Such record shall be open to public 45 inspection during office hours, and immediately upon receiving a report of a 46 stolen car the sheriff shall prepare and forward a copy thereof to the direc- 47 tor of the department of law enforcement and he shall also notify the director 48 of the department of law enforcement of any and all cars recovered. 49 12. Work in his county with the Idaho state department of law enforcement 50 in the following respects: 51 (a) Require all persons using the highways in the state to do so care- 52 fully, safely and with exercise of care for the persons, property and 53 safety of others; 5 1 (b) Safeguard and protect the surface and other physical portions of the 2 state highways; 3 (c) Enforce all of the laws of the state enacted for the identification, 4 inspection and transportation of livestock and all laws of the state 5 designed to prevent the theft of livestock; 6 (d) Regulate traffic on all highways and roads in the state; and respond 7 to calls following wrecks and make investigations relative thereto. 8 13. Work in his county with the Idaho transportation department to give 9 examinations for and sell drivers' licenses and identification cards 10 . 11 14. Expeditiously and promptly investigate all cases involving missing 12 children when such cases are reported to him. 13 SECTION 3. That Section 33-1702, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 33-1702. MINIMUM STANDARDS FOR COURSES. (1) The state board of education 16 and the transportation departmentof law enforcement17 shall cooperate in establishing, and amending as need arises, minimum stan- 18 dards for driver training programs reimbursable hereunder. 19 (2) Such standards shall require not less than thirty (30) clock hours of 20 classroom instruction and six (6) hours behind the wheel practice driving; but 21 the state board of education may allow in lieu of not more than three (3) 22 hours of such practice driving, such equivalent thereof in simulated practice 23 driving as the said board may have, by uniform regulations, approved. The 24 board shall adopt standards necessary to allow completion of the thirty (30) 25 clock hours of required classroom instruction through an approved correspon- 26 dence course. 27 (3) When an approved driver training course is provided by a private, 28 commercial driver training school, the standards for the driver training pro- 29 gram as specified in subsection (2) of this section can be satisfied if all of 30 the following alternative requirements are met: 31 (a) No more than four (4) students are in a class; and 32 (b) Not less than thirty (30) hours of classroom instruction are pro- 33 vided; and 34 (c) Not less than six (6) hours behind-the-wheel practice driving are 35 required; and 36 (d) Not less than six (6) hours of observation time are completed with a 37 parent or legal guardian. 38 SECTION 4. That Section 33-4804, Idaho Code, as added by Section 10, 39 Chapter 234, Laws of 1994, be, and the same is hereby amended to read as fol- 40 lows: 41 33-489 04. MOTORCYCLE SAFETY PROGRAM FUND. (1) 42 The motorcycle safety program fund is established in the state treasury and 43 appropriated on a continual basis to the department of education which shall 44 administer the moneys. Money in the fund shall only be used for administration 45 and implementation of the program, including reimbursement of entities which 46 offer approved motorcycle rider training courses. 47 (2) At the end of each fiscal year, moneys remaining in the motorcycle 48 safety program fund shall be retained in said fund and shall not revert to any 49 other general fund. The interest and income earned on money in the fund, after 50 deducting any applicable charges, shall be credited to and remain in the 51 motorcycle safety program fund. 6 1 (3) Revenue credited to the fund shall includethirteen2 eleven dollars and fifty cents ($131 3 .50) of each fee assessed for a motorcycle endorsement instruction per- 4 mit and a motorcycle endorsement as provided in section 49-306, Idaho Code. 5 SECTION 5. That Section 49-104, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 49-104. DEFINITIONS -- C. 8 (1) "Cancellation of driver's license" means the annulment or termination 9 by formal action of the department of a person's driver's license because of 10 some error or defect in the driver's license or because the licensee is no 11 longer entitled to the driver's license ., but t12 T he cancellation of a driver's license is without prejudice and13applicationafter compliance with requirements, the individual 14 may apply for a new driver's licensemay be madeat any 15 time after cancellation. 16 (2) "Caravaning" means the transportation of any motor vehicle into, out 17 of, or within the state operating on its own wheels or in tow for the purpose 18 of sale or offer of sale by any agent, dealer, manufacturer's representative, 19 purchaser, or prospective purchaser, regardless of residence unless the motor 20 vehicle is licensed by the state of Idaho, or is owned by an automobile 21 dealer, duly licensed as a dealer by this state. It shall also be considered 22 as the transportation of property for hire by a motor vehicle upon the high- 23 ways of this state. 24 (3) "Certificate of liability insurance" means a certificate of liability 25 insurance issued by an insurance company authorized to do business in this 26 state or a certificate of liability insurance issued by the department of 27 insurance which demonstrates current insurance against loss resulting from 28 liability imposed by law for bodily injury or death or damage to property suf- 29 fered by any person caused by accident and arising out of the operation, main- 30 tenance or use of a motor vehicle described in the certificate in an amount 31 not less than that required by section 49-1212, Idaho Code, and also demon- 32 strates the current existence of any other coverage required by title 41, 33 Idaho Code, or a certificate of self-insurance issued pursuant to law for each 34 motor vehicle to be registered. A certificate of liability insurance shall 35 contain the information required by the department of insurance, including the 36 name and address of the owner of the motor vehicle and a description of the 37 motor vehicle including identification number if there is one, or a statement 38 that all vehicles owned by a person or entity are covered by insurance, the 39 inception date of coverage, and the name of the insurer. "Certificate of lia- 40 bility insurance" may also include the original contract of liability insur- 41 ance or a true copy, demonstrating the current existence of the liability 42 insurance described above. 43 (4)"Chauffeur" means every person who is employed by another for44the principal purpose of driving a motor vehicle and every person who drives a45motor vehicle while in use as a public contract or common carrier of persons46or property.47(5)"Commercial coach." (See section 39-4105, Idaho Code) 48 (65 ) "Commercial driver's license" means any 49 class A, class B or class C driver's license as defined in section 49-105, 50 Idaho Code. 51 (76 ) "Commercial driver license information 52 system (CDLIS)" is the information system established to serve as a clearing- 53 house for locating information related to the licensing and identification of 7 1 motor vehicle drivers. 2 (87 ) "Commercial driver training school" means 3 a business enterprise conducted by an individual, association, partnership, or 4 corporation, for the education and training of persons, either practically or 5 theoretically, or both, to operate or drive motor vehicles, and charging a 6 consideration or tuition for such services. 7 (98 ) "Commercial vehicle" or "commercial motor 8 vehicle." (See "Vehicle", section 49-123, Idaho Code) 9 (109 ) "Construction danger zone" means a con- 10 struction or maintenance area that is located on or adjacent to a highway and 11 marked by appropriate warning signs. 12 (110 ) "Controlled substance" means any substance 13 so classified under section 102(6) of the controlled substances act (21 U.S.C. 14 802(6)), and includes all substances listed on schedules I through V, of 21, 15 CFR part 1308, as they may be revised from time to time. 16 (121 ) "Conviction" means the person has pled 17 guilty or has been found guilty, notwithstanding the form of the judgment or 18 withheld judgment. 19 (132 ) "Crosswalk" means: 20 (a) That part of a highway at an intersection included within the connec- 21 tions of the lateral lines of the sidewalks on opposite sides of the high- 22 way measured from the curbs or in the absence of curbs, from the edges of 23 the traversable highway; and in the absence of a sidewalk on one side of 24 the highway, that part of a highway included within the extension of the 25 lateral lines of the existing sidewalk at right angles to the centerline. 26 (b) Any portion of a highway at an intersection or elsewhere distinctly 27 indicated for pedestrian crossing by lines or other markings on the sur- 28 face. 29 SECTION 6. That Section 49-105, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 49-105. DEFINITIONS -- D. 32 (1) "Dealer" means every person in the business of buying, selling or 33 exchanging five (5) or more new or used vehicles, new or used motorcycles, 34 snow machines or motor scooters, travel trailers, all-terrain vehicles or 35 motor homes in any calendar year, either outright or on conditional sale, 36 bailment, lease, chattel mortgage, or otherwise, or who has an established 37 place of business for the sale, lease, trade, or display of these vehicles. No 38 insurance company, bank, finance company, public utilities company, or other 39 person coming into possession of any vehicle, as an incident to its regular 40 business, who shall sell that vehicle under any contractual rights it may 41 have, shall be considered a dealer. See also "salvage pool", section 49-120, 42 Idaho Code. 43 (2) "Dealer's selling agreement." (See "Franchise", section 49-107, Idaho 44 Code) 45 (3) "Department" means the Idaho transportation department acting 46 directly or through its duly authorized officers and agents, except in chap- 47 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho department 48 of law enforcement, except as otherwise specifically provided. 49 (4) "Designated family member" means the spouse, child, grandchild, par- 50 ent, brother or sister of the owner of a vehicle dealership who, in the event 51 of the owner's death, is entitled to inherit the ownership interest in the 52 dealership under the same terms of the owner's will, or who has been nominated 53 in any other written instrument, or who, in the case of an incapacitated owner 8 1 of a dealership, has been appointed by a court as the legal representative of 2 the dealer's property. 3 (5) "Director" means the director of the Idaho transportation department, 4 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the 5 director of the Idaho department of law enforcement. 6 (6) "Disclose" means to engage in any practice or conduct to make avail- 7 able and make known personal information contained in records of the depart- 8 ment about a person to any other person, organization or entity, by any means 9 of communication. 10 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by 11 the department of commercial vehicle driving privileges. 12 (8) "Distributor" means any person, firm, association, corporation or 13 trust, resident or nonresident, who has a franchise from a manufacturer of 14 vehicles to distribute vehicles in this state, and who in whole or in part 15 sells or distributes new vehicles to dealers or who maintains distributor rep- 16 resentatives. 17 (9) "Distributor branch" means a branch office similarly maintained by a 18 distributor for the same purposes a factory branch is maintained. 19 (10) "Distributor representative" means any person, firm, association, 20 corporation or trust, and each officer and employee thereof engaged as a rep- 21 resentative of a distributor or distributor branch of vehicles for the purpose 22 of making or promoting the sale of vehicles, or for supervising or contacting 23 dealers or prospective dealers. 24 (11) "District" means: 25 (a) Business district. The territory contiguous to and including a high- 26 way when within any six hundred (600) feet along the highway there are 27 buildings in use for business or industrial purposes, including hotels, 28 banks or office buildings, railroad stations and public buildings which 29 occupy at least three hundred (300) feet of frontage on one side or three 30 hundred (300) feet collectively on both sides of the highway. 31 (b) Residential district. The territory contiguous to and including a 32 highway not comprising a business district when the property on the high- 33 way for a distance of three hundred (300) feet or more is in the main 34 improved with residences, or residences and buildings in use for business. 35 (c) Urban district. The territory contiguous to and including any highway 36 which is built up with structures devoted to business, industry or dwell- 37 ing houses. For purposes of establishing speed limits in accordance with 38 the provisions of section 49-654, Idaho Code, no state highway or any por- 39 tion thereof lying within the boundaries of an urban district is subject 40 to the limitations which otherwise apply to nonstate highways within an 41 urban district. Provided, this subsection shall not limit the authority of 42 the duly elected officials of an incorporated city acting as a local 43 authority to decrease speed limits on state highways passing through any 44 district within the incorporated city. 45 (12) "Documented vessel" means a vessel having a valid marine document as 46 a vessel of the United States. 47 (13) "Drag race" means the operation of two (2) or more vehicles from a 48 point side by side at accelerating speeds in a competitive attempt to outdis- 49 tance each other, or the operation of one (1) or more vehicles over a common 50 selected course, from the same point to the same point, for the purpose of 51 comparing the relative speeds or power of acceleration of the vehicles within 52 a certain distance or time limit. 53 (14) "Driver" means every person who drives or is in actual physical con- 54 trol of a vehicle. 55 (15) "Driver's license" means a license or permit issued by the department 9 1 or by any other jurisdiction to an individual which authorizes the individual 2 to operate a motor vehicle or commercial motor vehicle on the highways in 3 accordance with the requirements of title 49, Idaho Code. 4 (16) "Driver's license -- classes of" are issued for the operation of a 5 vehicle based on the size of the vehicle or the type of load and mean: 6 (a) Class A. This license shall be issued and valid for the operation of 7 any combination of motor vehicles with a manufacturer's gross combination 8 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, 9 provided the manufacturer's gross vehicle weight rating (GVWR) of the 10 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per- 11 sons holding a valid class A license may also operate vehicles requiring a 12 class B, C, or D license. 13 (b) Class B. This license shall be issued and valid for the operation of 14 any single vehicle with a manufacturer's gross vehicle weight rating 15 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi- 16 cle towing a vehicle not in excess of ten thousand (10,000) pounds 17 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid 18 class B license may also operate vehicles requiring a class C license or a 19 class D license. 20 (c) Class C. This license shall be issued and valid for the operation of 21 any single vehicle or combination of vehicles that does not meet the defi- 22 nition of class A or class B, as defined in this section, but that either 23 is designed to transport sixteen (16) or more people including the driver, 24 or is of any size which does not meet the definition of class A or class B 25 and is used in the transportation of materials found to be hazardous 26 according to the hazardous material transportation act and which requires 27 the motor vehicle to be placarded under the federal hazardous materials 28 regulations 49 CFR part 172, subpart F. Persons holding a valid class C 29 license may also operate vehicles requiring a class D license. 30 (d) Class D. This license shall be issued and valid for the operation of 31 a motor vehicle that is not a commercial vehicle as defined in section 32 49-123, Idaho Code. 33 (e) "Seasonal driver's license" means a special restricted class B or C 34 driver's license to operate certain commercial vehicles in farm-related 35 industries under restrictions imposed by the department. As used in this 36 definition, "farm-related industry" shall mean custom harvesters, farm 37 retail outlets and suppliers, agri-chemical businesses and livestock 38 feeders. Seasonal driver's licenses are not valid for driving vehicles 39 carrying any quantities of hazardous material requiring placarding, except 40 for diesel fuel in quantities of one thousand (1,000) gallons or less, 41 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of 42 husbandry with total capacities of three thousand (3,000) gallons or less, 43 and solid fertilizers, i.e., solid plant nutrients, that are not mixed 44 with any organic substance. 45 (17) "Driver record" means any record that pertains to an individual's 46 driver's license, driving permit, driving privileges, driving history, identi- 47 fication documents or other similar credentials issued by the department. 48 (18) "Driver's license endorsements" means special authorizations that are 49 required to be displayed on a driver's license which permit the driver to 50 operate certain types of commercial vehicles or commercial vehicles hauling 51 certain types of cargo, or to operate a motorcycle. 52 (a) "Endorsement T -- Double/triple trailer" means this endorsement is 53 required on a class A , B or C license to permit the licensee 54 to operate a vehicle authorized to tow more than one (1) trailer. 55 (b) "Endorsement H -- Hazardous material" means this endorsement is 10 1 required on a class A, B or C license if the driver is operating a vehicle 2 used in the transportation of materials found to be hazardous according to 3 the hazardous material transportation act and which requires the motor 4 vehicle to be placarded under the federal hazardous materials regulations 5 49 CFR part 172, subpart F. 6 (c) "Endorsement P -- Passenger" means this endorsement is required on a 7 class A, B or C license to permit the licensee to operate a vehicle 8 designed to transport sixteen (16) or more people including the driver. 9 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on 10 a class A, B or C license to permit the licensee to operate a vehicle 11 which is designed to transport any liquid or gaseous materials within a 12 tank that is either permanently or temporarily attached to the vehicle. 13 Such vehicles include, but are not limited to, cargo tanks and portable 14 tanks, as defined in federal regulations 49 CFR part 171. This definition 15 does not include portable tanks having a rated capacity under one thousand 16 (1,000) gallons. 17 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a 18 driver's license to permit the driver to operate a motorcycle. 19 (19) "Driveway" means a private road giving access from a public way to a 20 building on abutting grounds. 21 (20) "Dromedary tractor" means every motor vehicle designed and used pri- 22 marily for drawing a semitrailer and so constructed as to carry manifested 23 cargo in addition to a part of the weight of the semitrailer. 24 SECTION 7. That Section 49-108, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 49-108. DEFINITIONS -- G. 27 (1) "Good cause" means the failure of a dealer to comply with reasonable 28 performance criteria established by a manufacturer, if the dealer was apprised 29 by the manufacturer, in writing, of that failure; and 30 (a) The notification stated that notice was provided of failure of per- 31 formance; 32 (b) The dealer was afforded a reasonable opportunity, for a period of not 33 less than six (6) months, to comply with the criteria; and 34 (c) The dealer did not demonstrate substantial progress toward compliance 35 with the performance criteria of the manufacturer during the period. 36 (2) "Gross combination weight rating (GCWR)" for the purposes of 37 chapter 4, title 49, Idaho Code, means the value specified by the manu- 38 facturer as the maximum loaded weight of a combination (articulated) vehicle. 39 In the absence of a value specified by the manufacturer, GCWR will be deter- 40 mined by adding the GVWR of the power unit and the total weight of the towed 41 unit and any load thereon or registered weight rating whichever is greater. 42 Towed units shall not include implements of husbandry. For the purposes 43 of chapter 3, title 49, Idaho Code, "gross combined weight rating (GCWR) is as 44 defined in 49 CFR part 383. 45 (3) "Gross vehicle weight rating (GVWR)" for the purposes of chap- 46 ter 4, title 49, Idaho Code, means the value specified by the manufac- 47 turer as the maximum loaded weight of a single vehicle or registered weight 48 rating, whichever is greater. For the purposes of chapter 3, title 49, 49 Idaho Code, "gross vehicle weight rating (GVWR) is as defined in 49 CFR part 50 383. 51 (4) "Gross weight" means the weight of a vehicle without load plus the 52 weight of any load on that vehicle. 53 (5) "Group of vehicles" is one motor vehicle operated under its own 11 1 motive power with one (1) motor vehicle in tow, or one or more motor vehicles 2 in tow in saddlemount fashion, providing that saddlemounting meets the 3 requirements prescribed by the United States department of transportation. 4 SECTION 8. That Section 49-116, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 49-116. DEFINITIONS -- O. 7 (1) "Operator" means every person who is in actual physical control of a 8 motor vehicle upon a highway or private property open to public use. 9 (2) "Out of service order" means a temporary prohibition against operat- 10 ing a commercial vehicle as declared by an authorized enforcement officer of a 11 federal, state, Canadian, Mexican or local jurisdiction and which is applica- 12 ble to a driver, a commercial motor vehicle or a motor carrier operation pur- 13 suant to federal regulations 49 CFR part 386.72, 392.5, 395.13 or 396.9, or 14to similar laws of jurisdictions outside the United States15 compatible laws , or to the North American uniform out-of-service crite- 16 ria. 17 (3) "Owner" means a person, other than a lienholder, having the property 18 in or title to a vehicle. The term includes a person entitled to the use and 19 possession of a vehicle subject to a security interest in another person, but 20 excludes a lessee under a lease not intended as security. "Owner" for the 21 purposes of chapter 12 means the person legally responsible for the operation 22 of a vehicle upon the highways of the state of Idaho, whether as owner, lessee 23 or otherwise. 24 SECTION 9. That Section 49-202, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license 27 records in the office of the department shall be public records and open to 28 inspection by the public during normal business hours, except for those 29 records declared by law to be for the confidential use of the department, or 30 those records containing personal information subject to restrictions or con- 31 ditions regarding disclosure. If the department has contracted for a service 32 to be provided by another entity, an additional fee shall be charged by that 33 contractor whether the service is rendered during normal business hours, other 34 than normal business hours or on weekends. 35 (2) In addition to other fees required by law to be collected by the 36 department, the department shall collect the following: 37 (a) For certifying a copy of any record pertaining to any vehicle 38 license, any certificate of title, or any driver's license ......... $8.00 39 (b) For issuing every Idaho certificate of title .................. $8.00 40 (c) For furnishing a duplicate copy of any Idaho certificate of title 41 .................................................................... $8.00 42 (d) For issuance or transfer of every certificate of title on a new or 43 used vehicle or other titled vehicle in an expedited manner (rush titles), 44 in addition to any other fee required by this section ............. $15.00 45 (e) For furnishing a replacement of any receipt of registration ... $3.00 46 (f) For answering inquiries as to registration or ownership of motor 47 vehicles or driver's license records, per vehicle registration, accident 48 report records, title or per driver's license record ............... $4.00 49 Additional contractor fee, not to exceed ........................... $4.00 50 (g) For services in furnishing copies of files of vehicle or other regis- 51 trations, vehicle titles, or driver's licenses per hour ........... $10.00 12 1 (h) Placing "stop" cards in vehicle registration or title files, each 2 ................................................................... $12.00 3 (i) For issuance of an assigned or replacement vehicle identification 4 number (VIN) .......................................................$10.00 5 (j) For a vehicle identification number (VIN) inspection whether con- 6 ducted by a city or county peace officer or any other peace officer or 7 designated agent of the state of Idaho, per inspection ............. $3.00 8 (k) For all replacement registration stickers, each ............... $1.00 9 (l) For issuing letters of temporary vehicle clearance to Idaho based 10 motor carriers .................................................... $10.00 11 (m) For all sample license plates, each .......................... $12.00 12 (n) For filing release of liability statements .................... $2.00 13 (3) The fees required in this section shall not apply when the service is 14 furnished to any federal, state, county or city peace officer when such ser- 15 vice is required in the performance of their duties as peace officers. 16 (4) The department may enter into agreements with private companies or 17 public entities to provide the services for which a fee is collected in sub- 18 section (2)(f) of this section. Such private contractor shall collect the fee 19 prescribed and remit the fee to the department. The contractor shall also col- 20 lect and retain the additional fee charged for his services. 21 (5) The department shall pay three dollars ($3.00) of the fee collected 22 by a county assessor or other agent of the department as provided in subsec- 23 tion (2)(a) through (f) of this section, to the county assessor of the county 24 or agent collecting such fee, which shall be deposited with the county trea- 25 surer and credited to the county current expense fund. The remainder of the 26 fees collected as provided in that subsection shall be paid by the department 27 to the state treasurer and placed in the state highway account. The fee col- 28 lected under subsection (2)(j) of this section for a VIN inspection shall be 29 placed in the city general fund if conducted by a city peace officer, in the 30 county current expense fund if conducted by a county peace officer, shall be 31 retained by the special agent authorized to perform the inspection, or paid to 32 the state treasurer and placed to the credit of the department of law enforce- 33 ment if conducted by the Idaho state police division or in the state highway 34 account if conducted by the department. 35 (6) The department as often as practicable may provide to law enforcement 36 agencies the record ofstolen and recovered motor vehicles and37 suspensions and revocations of driver licenses via the Idaho law enforcement 38 telecommunications system (ILETS). 39 (7) The department shall provide the forms prescribed in chapter 5 of 40 this title, shall receive and file in its office in Boise, Idaho, all instru- 41 ments required in chapter 5 of this title to be filed with the department, 42 shall prescribe a uniform method of numbering certificates of title, and main- 43 tain in the department indices for such certificates of title. All indices 44 shall be by motor or identification number and alphabetical by name of the 45 owner, and the department shall maintain two (2) separate files on each46vehicle, one, a motor or identification number file, the other a file by the47name of the owner. 48 (8) The department shall file each registration received under a distinc- 49 tive registration number assigned to the vehicle and to the owner thereof50, alphabetically under the name of the owner, and numerically and alphabeti-51cally under the name of the vehicle. 52 (9) The department shall not renew a driver's license or identifi- 53 cation card when fees required by law have not been paid or where fees 54 for past periods are due, owing and unpaid including nonsufficient fund 55 checks , until those fees have been paid . 13 1 (10) The department shall not grant the registration of a vehicle when: 2 (a) The applicant is not entitled to registration under the provisions of 3 this title; or 4 (b) The applicant has neglected or refused to furnish the department with 5 the information required in the appropriate form or reasonable additional 6 information required by the department, or has failed to comply with the 7 provisions of section 49-436, Idaho Code, in past registration periods; or 8 (c) The fees required by law have not been paid, or where fees for past 9 registration periods are due, owing and unpaid including nonsufficient 10 fund checks. 11 (11) The departmenthasor its authorized agents have 12 the authority to request any person,based upon evidence,13 to submit to medical, vision, highway, or written examinations, 14 to protect the safety of the public upon the highways. The department or 15 its authorized agents may exercise such authority based upon evidence which 16 may include, but is not limited to, observations made. 17 (12) The department shall revoke the registration of any vehicle: 18 (a) Which the department shall determine is unsafe or unfit to be oper- 19 ated or is not equipped as required by law; 20 (b) Whenever the person to whom the registration card or registration 21 plate has been issued shall make or permit to be made any unlawful use of 22 the same or permit their use by a person not entitled thereto; 23 (c) For any violation of vehicle registration requirements by the owner 24 or operator in the current or past registration periods; 25 (d) Whenever a motor carrier as defined in section 61-801, Idaho Code, 26 has his permit revoked for any cause except at the request of the permit 27 holder, as provided in section 61-808, Idaho Code, or whenever an inter- 28 state carrier has his registration revoked by reason of a revocation of 29 his interstate commerce commission operating authority; 30 (e) For nonpayment by the owner or operator of the vehicle of use fees 31 computed under sections 49-434 and 49-435, Idaho Code; 32 (f) For failure of the owner or operator to file the reports required or 33 nonpayment of fees assessed against the owner by the department pursuant 34 to audit under the provisions of section 49-436, Idaho Code; 35 (g) Identified by any city or county administering a program established 36 by ordinance for the inspection and readjustment of motor vehicles (which 37 program is part of an approved state implementation plan adopted by both 38 the state and federal governments under 42 USC section 7410) as having 39 failed to comply with an ordinance requiring motor vehicle emission 40 inspection and readjustment; provided that no vehicle shall be identified 41 to the department under this subsection (g) unless (i) the city or county 42 certifies to the department that the owner of the motor vehicle has been 43 given notice and had the opportunity for a hearing concerning compliance 44 with the ordinance and has exhausted all remedies and appeals from any 45 determination made at such hearing; and (ii) the city or county reimburses 46 the department for all direct costs associated with the registration revo- 47 cation procedure. 48 (13) The department shall not reregister or permit a vehicle to operate on 49 a special trip permit until all fees, penalties and interest have been paid. 50 (14) The department shall institute educational programs, demonstrations, 51 exhibits and displays. 52 (15) The department shall cancel a driver's license or identifica- 53 tion card when fees required by law have not been paid or where fees 54for past periodsare due, owing and unpaid including 55 nonsufficient fund checks , until those fees have been paid . 14 1 (16) The department shall examine persons and vehicles by written, 2 oral , vision andphysicalskills tests 3 without compulsion except as provided by law. 4 (17) The department shall employ expert and special help as needed in the 5 department. 6 (18) The department shall compile accident statistics and disseminate 7 information relating to those statistics. 8 (19) The department shall cooperate with the United States in the elimina- 9 tion of road hazards, whether of a physical, visual or mental character. 10 (20) The department shall place and maintain traffic-control devices, con- 11 forming to the board's manual and specifications, upon all state highways as 12 it shall deem necessary to indicate and to carry out the provisions of this 13 title or to regulate, warn, or guide traffic. No local authority shall place 14 or maintain any traffic-control device upon any highway under the jurisdiction 15 of the department except by the latter's permission, except where the duly 16 elected officials of an incorporated city have established speed limits lower 17 than those set by the department on the portion of state highways, excluding 18 controlled access and interstate highways, that pass through residential, 19 urban or business districts within the jurisdiction of the incorporated city. 20 The placement and maintenance of such a traffic control device by a local 21 authority shall be made according to the board's manual and specifications for 22 a uniform system of traffic control devices. 23 (21) The department may conduct an investigation of any bridge or other 24 elevated structure constituting a part of a highway, and if it shall find that 25 the structure cannot with safety to itself withstand vehicles traveling at a 26 speed otherwise permissible under this title, shall determine and declare the 27 maximum speed of vehicles which the structure can safely withstand, and shall 28 cause or permit suitable signs stating the maximum speed to be erected and 29 maintained before each end of the structure. 30 (22) Whenever the department shall determine on the basis of an engineer- 31 ing and traffic investigation that slow speeds on any highway or part of a 32 highway impede the normal and reasonable movement of traffic, the department 33 may determine and declare a minimum speed limit below which no person shall 34 drive a vehicle except when necessary for safe operation or in compliance with 35 law, and that limit shall be effective when posted upon appropriate fixed or 36 variable signs, except in cases where the duly elected officials of an incor- 37 porated city have established speed limits lower than those set by the 38 department on portions of state highways, excluding controlled access and 39 interstate highways, that pass through residential, urban or business dis- 40 tricts within the jurisdiction of the incorporated city. 41 (23) The department shall regulate or prohibit the use of any controlled- 42 access highway by any class or kind of traffic which is found to be incompati- 43 ble with the normal and safe movement of traffic. 44 (24) The department shall erect and maintain traffic-control devices on 45 controlled-access highways on which any prohibitions are applicable. 46 (25) Wherever a highway crosses one or more railroads at grade, the 47 department or local authorities within their respective jurisdictions shall 48 place and maintain stop signs, directing vehicular traffic approaching the 49 crossing to come to a full stop prior to entering the crossing at all railroad 50 crossings where electric or mechanical warning signals do not exist. Placement 51 of these stop signs shall be mandatory except when in the determination of 52 public highway agencies the existence of stop signs at a given crossing would 53 constitute a greater hazard than their absence based on a recognized engineer- 54 ing study. 55 Nothing in this subsection shall be construed as granting immunity to any 15 1 railroad company as to liability, if any, for an accident which might occur at 2 a crossing where stop signs are erected and in place, but liability, if any, 3 shall be determined as provided by law. Liability on the part of governmental 4 authorities on account of absence of any stop sign at a crossing shall be 5 determined as provided by law. 6 (26) The department and local authorities are authorized to determine 7 those portions of any highway under their respective jurisdictions where over- 8 taking and passing or driving on the left side of the roadway would be espe- 9 cially hazardous and may by appropriate signs or markings on the roadway indi- 10 cate the beginning and end of those zones and when signs or markings are in 11 place and clearly visible to an ordinarily observant person, every driver of 12 a vehicle shall obey those directions. 13 (27) The department and local authorities in their respective jurisdic- 14 tions may in their discretion issue special permits authorizing the operation 15 upon a highway of traction engines or tractors having movable tracks with 16 transverse corrugations upon the periphery of the movable tracks or farm 17 tractors or other farm machinery, the operation of which upon a highway would 18 otherwise be prohibited under this title or title 40, Idaho Code. 19 (28) The department and local highway authorities within their respective 20 jurisdictions may place official traffic-control devices prohibiting, limiting 21 or restricting the stopping, standing or parking of vehicles on any highway 22 where such stopping, standing or parking is dangerous to those using the high- 23 way or where the stopping, standing or parking of vehicles unduly interferes 24 with the free movement of traffic thereon. 25 (29) On any informational material printed after July 1, 1995, by or at 26 the order of the department and distributed to counties, school districts or 27 individuals for the purpose of assisting a person to successfully pass a 28 driver's license test, the department shall include material about the state's 29 open range law and responsibilities, liabilities and obligations of drivers 30 driving in the open range. 31 SECTION 10. That Section 49-237, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 49-237. RECORD OF CONVICTIONS TO BE SENT TO DEPARTMENT. Upon the convic- 34 tion of any person for the violation of any of the provisions of this title, 35 the judicial officer before whom the proceedings are had shall immediately 36 certify the facts of the case to the department, in either paper or 37 electronic form, including the name and address of theoffender,38the character of the punishmentparties charged, the number, if 39 any, of his driver's license, the registration number of the motor vehicle 40 involved, the nature of the offense, the date of the hearing, the plea, the 41 judgment, the sentence , and the amount of any fine imposed and paid. 42 The department shall enter the facts either in the records of registered vehi- 43 cles, or in the records of registered dealers, as the case may be, opposite 44 the name of the person so convicted, and in the case of any other person, in a 45 record of offenders, to be kept for that purpose. If the conviction be 46 reversed on appeal, the person whose conviction has been reversed may serve on 47 the department a certified copy of the order of reversal, and the department 48 shall enter the reversal in the proper records. 49 SECTION 11. That the heading for Chapter 3, Title 49, Idaho Code, be, and 50 the same is hereby amended to read as follows: 51 CHAPTER 3 16 1OPERATOR AND CHAUFFEURMOTOR VEHICLE DRIVER'S LICENSES 2 SECTION 12. That Section 49-302, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 49-302. WHAT PERSONS ARE EXEMPT FROM LICENSE. The following persons are 5 exempt from licensing if driving privileges are not suspended, cancelled, 6 revoked, disqualified, denied or refused: 7 (1) Any person while driving or operating anyspecial mobile equip-8ment,farm tractor,or implement of husbandrymoved9when incidentally operated on a highway. 10 (2) Farmers are exempt from obtaining a class A, B or C driver's license 11 to operate a commercial motor vehicle which is: 12 (a) Controlled and operated by a farmer , including operation by 13 employees or family members ; and 14 (b) Used to transport either agricultural products, farm machinery, farm 15 supplies, or both, to or from a farm; and 16 (c) Not used in the operations of a common or contract motor carrier; and 17 (d) Used within one hundred fifty (150) miles of the person's farm. 18 (3) Any person is exempt from obtaining a class A, B or C driver's 19 license for the operation offire fighting or other emergency equipment20used in response to emergencies involvingcommercial motor vehi- 21 cles which are necessary to the preservation of life or property 22 or the execution of emergency governmental functions, are equipped with audi- 23 ble and visual signals, and are not subject to normal traffic regulations 24 . 25 (4) Any person is exempt from obtaining a class A, B or C license to 26 operate a commercial vehicle which is exclusively used to transport personal 27 possessions or family members for nonbusiness or recreational purposes. 28 (5) A nonresident who is at least fifteen (15) years of age and who has 29 in his immediate possession a valid driver's license issued to him in his home 30 state or country may operate a motor vehicle in Idaho only as a class D opera- 31 tor with driving privileges restricted to daylight hours only, and with full 32 privileges at sixteen (16) years of age, and only if Idaho residency is not 33 established. 34 (6) A nonresident who is at least fifteen (15) years of age and who has 35 in his possession a valid driver's license with a motorcycle endorsement or 36 who has a valid motorcycle driver's license issued to him in his home state or 37 country may operate a motorcycle in Idaho with driving privileges restricted 38 to daylight hours only, and with full privileges at sixteen (16) years of age. 39 (7) A nonresident who has in his immediate possession a valid commercial 40 driver's license issued to him in his home state or country may operate a 41 motor vehicle in Idaho. 42 (8)A nonresident who is at least eighteen (18) years of age, whose43home state or country does not require the licensing of operators, may operate44a motor vehicle as a class D operator only, for a period of not more than45ninety (90) days in any calendar year, if the motor vehicle is currently reg-46istered in the home state or country of the nonresident.47(9)A nonresident on active duty in the armed forces of the United 48 States who has a valid driver's license issued by his home jurisdiction, and 49 such nonresident's spouse or dependent son or daughter who has a valid 50 driver's license issued by such person's home jurisdiction. 51 (109 ) Any active duty military personnel, 52 active duty U.S. coast guard personnel, and members of the reserves and 53 national guard on active duty including personnel on full-time national guard 17 1 duty, personnel on part-time training and national guard military technicians 2 who as civilians are required to wear military uniforms and are subject to the 3 code of military justice, are exempt from obtaining a commercial driver's 4 license to operate military vehicles. This exemption does not apply to 5 U.S. reserve technicians. 6 SECTION 13. That Section 49-303, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 49-303. WHAT PERSONS SHALL NOT BE LICENSED. The department shall not 9 issue any driver's license, instruction permit, driver's training permit, 10 privileges or right to drive and if issued, may revoke or cancel the driver's 11 license of a person who: 12 (1) As an operator of a vehicle requiring a class D driver's license, is 13 under the age of seventeen (17) years, except that the department may issue a 14 driver's license to any person who has successfully completed an approved 15 driver training course and who is at least fifteen (15) years of age, with 16 driving privileges restricted to daylight hours only, and with full privileges 17 at sixteen (16) years of age. The restriction of daylight hours only shall 18 mean that period of time one-half (1/2) hour before sunrise to one-half (1/2) 19 hour after sunset. 20 (2) As an operator of a vehicle requiring a class D driver's license, is 21 under the age of seventeen (17) years and has not successfully completed an 22 approved driver training course. 23 (3) As an operator of a commercial vehicle requiring a class A, B or C 24 driver's license is under the age of eighteen (18) years. 25 (4) Applicants with less than one (1) year of driving experience, as evi- 26 denced by avalid class Dprevious driver's license 27 shall not be issued a class A, B or C driver's license. 28 (5) As a driver has had his license, instruction permit, driver training 29 permit, privileges or right to drive suspended for the duration of the suspen- 30 sion, nor to any person whose license has been revoked,until the expi-31ration of one (1) year after the license was revokedsuspended, 32 cancelled or disqualified by this state or any other jurisdiction . 33 (6) Is an habitual drunkard, or is addicted to the use of narcotic drugs. 34 (7) Has previously been adjudged to be afflicted with or suffering from 35 any mental disability or disease and who has not at the time of application 36 been restored to competency by the methods provided by law. 37 (8) Is required by the provisions of this chapter to take an examination, 38 unless that person shall have successfully passed such examination. 39 (9) May be required under any law of this state to furnish proof of 40 financial responsibility and who has not furnished that proof. 41 (10) The department has good cause to believe that the operation of a 42 motor vehicle on the highways by that person would be harmful to public safety 43 or welfare. 44 (11) Is disqualified for a class A, B or C license, except he may be 45 issued a class D driver's license. 46 (12) Is under eighteen (18) years of age and is not enrolled in school, 47 has not received a waiver pursuant to or has not satisfactorily completed 48 school as provided in section 49-303A, Idaho Code. 49 (123 ) Is not a resident of the state of Idaho. 50 SECTION 14. That Section 49-303A, Idaho Code, be, and the same is hereby 51 amended to read as follows: 18 1 49-303A. DRIVER'S LICENSE ISSUED TO CERTAIN PERSONS UNDER THE AGE OF 2 EIGHTEEN YEARS. (1) Attendance requirements. The department may issue a 3 driver's license or instruction permit to a minor younger than eighteen (18) 4 years of age if, at the time of application, the minor: 5 (a) Has received a high school diploma, a high school equivalency 6 diploma, a special diploma or a certificate of high school completion; 7 (b) Is enrolled in a public or private school and satisfies relevant 8 attendance requirements; 9 (c) Is enrolled in a study course in preparation for a test of general 10 educational development and satisfies relevant attendance requirements; 11 (d) Is enrolled in a home education program and satisfies the require- 12 ments of rules of the state board of education and the state department of 13 education for such programs; provided that students shall be in compliance 14 with the requirements and have been enrolled in the home education program 15 for at least one (1) school year prior to verification of the attendance 16 request, unless documentation of meeting the requirements of this section 17 in the school year contiguous to enrollment in the home education program 18 can be provided; 19 (e) Is enrolled in an accredited college or university; 20 (f) Is enrolled in a postsecondary vocational program or a postsecondary 21 adult vocational program and satisfying relevant attendance requirements; 22 (g) Is enrolled in a job training program pursuant to state or federal 23 law and satisfying relevant attendance requirements; or 24 (h) Is enrolled in other educational activities approved by the board of 25 trustees of the school district and satisfying relevant attendance 26 requirements. 27 (2) (a) An applicant for a driver's license who is under the age of eigh- 28 teen (18) shall provide written verification of compliance with the 29 requirements of subsection (1) of this section or receipt of a waiver 30 therefrom pursuant to subsection (3) of this section to the department. 31 The necessary verification shall be obtained from the school district. If 32 the applicant is enrolled in or has graduated from a private high school, 33 the verification shall be obtained by the applicant from the governing 34 body of the private school. A school district shall not refuse to provide 35 written verification of compliance with the requirements of this section 36 to the department. 37 (b) Schools may implement interventions designed to improve student 38 attendance with their district policies and procedures. 39 (c) When applying for a license or permit, an applicant under age eigh- 40 teen (18) must provide written verification to the department of compli- 41 ance with the requirements of subsection (1) of this section or receipt of 42 a waiver therefrom, pursuant to subsection (3) of this section. Written 43 verification shall be obtained from the applicant's school. The 44 applicant's school shall not refuse to provide written verification of 45 compliance with the requirements of this section to the department. 46 (3) (a) A public school principal, or the principal's designee, or the 47 designee of the governing body of a private school shall provide written 48 notification to a minor and the minor's parent, guardian or custodian of 49 the school district's or private school's intent to request that the 50 department suspend the minor's driving privileges because the minor has 51 dropped out of school and has failed to comply with the requirements of 52 subsection (1) of this section. 53 (b) The minor or the parent, guardian or custodian of the minor shall 54 have fifteen (15) calendar days from the date of receipt of this notice to 55 request a hearing before the public school principal, or the principal's 19 1 designee, or the designee of the governing body of a private school for 2 the purpose of reviewing the pending suspension. The hearing shall be 3 conducted within thirty (30) calendar days after the public school princi- 4 pal, or the principal's designee, or the designee of the governing body of 5 a private school receives the request. 6 (c) The public school principal, or the principal's designee, or the des- 7 ignee of the governing body of a private school shall waive the require- 8 ments of subsection (1) of this section for any minor under its jurisdic- 9 tion for whom a personal or family hardship requires that the minor have a 10 driver's license for his or her own or his or her family's employment or 11 medical care. The public school principal, or the principal's designee, 12 or the designee of the governing body of a private school shall take into 13 account the recommendations of teachers, other school officials, guidance 14 counselors or academic advisors prior to granting a waiver to the require- 15 ments of subsection (1) of this section. 16 (d) The hardship waiver provided in paragraph (c) of this section shall 17 be requested, if desired by the minor or the minor's parent, guardian or 18 custodian at the initial hearing. 19 (4) Any person denied a hardship waiver by a public school principal, or 20 the principal's designee, or the designee of the governing body of a private 21 school may appeal the decision to the board of trustees of the school district 22 or the governing body of the private school. The public or private school 23 shall notify the department of all students not in compliance with subsection 24 (1) of this section or who have been granted a hardship waiver pursuant to 25 subsection (3) of this section. 26 (5) Upon receiving written verification that the reinstatement fees 27 have been paid and the minor is again in compliance with the require- 28 ments of subsection (1) of this section, the department shall reinstate the 29 minor's privilege to drive. Thereafter, if the school district determines 30 that the minor is not in compliance with the requirements of subsection (1), 31 the department shall suspend the minor's driving privilege until the minor is 32 eighteen (18) years old or otherwise satisfies the requirements of subsection 33 (1) of this section, whichever occurs first. 34 (6) The department shall report quarterly to each school district the 35 disposition of all requests to suspend driver's licenses of students of that 36 district. Beginning with the 1996-97 school year, each school district and 37 each private school shall report the number of notifications issued of possi- 38 ble student driver's license suspensions based on nonattendance, requests to 39 the department to suspend a driver's license and student driver's licenses 40 actually suspended. 41 SECTION 15. That Section 49-304, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 49-304. MOTORCYCLE ENDORSEMENT. The department shall issue a motorcycle 44 "M" endorsement on a driver's license to applicants who complete the require- 45 ments to operate a motorcycle. 46 (1) Any person who holds a valid Idaho driver's license on September 1, 47 1994, may operate a motorcycle without a motorcycle "M" endorsement until that 48 driver's license expires or September 1, 1998, whichever occurs first 49 . 50 (2) Any person who applies for a driver's license or renewal of a license 51 after September 1, 1994, may also apply for a motorcycle "M" endorsement. 52 Until September 1, 1998, the requirements for obtaining a motorcycle "M" 53 endorsement are: 20 1 (a) The applicant shall be tested by written examination for his knowl- 2 edge of safe motorcycle operating practices and traffic laws specific to 3 the operation of motorcycles upon payment of the fee specified in section 4 49-306, Idaho Code. 5 (b) Upon successful completion of the knowledge test and upon payment of 6 the fee required for an "M" endorsement, the applicant shall obtain a 7 motorcycle "M" endorsement on his driver's license. 8 (3)After September 1, 1996, nN o person under 9 the age of twenty-one (21) years may apply for or obtain a motorcycle "M" 10 endorsement on his driver's license unless he has successfully completed a 11 motorcycle rider training course approved under the provisions of chapter 48, 12 title 33, Idaho Code, in addition to satisfying the requirements specified in 13 subsection (2) of this section. The provisions of this subsection shall not be 14 effective unless and until the motorcycle rider training course is fully 15 implemented by the department of education. 16 (4) Any person who applies for a motorcycle endorsement on a driver's 17 license after September 1, 1998, in addition to the requirements specified in 18 subsection (2) of this section, may also be required to pass the motorcycle 19 "M" skills test before he can obtain the motorcycle "M" endorsement. 20 SECTION 16. That Section 49-305, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 49-305. INSTRUCTION PERMITS -- TEMPORARY LICENSES -- TEMPORARY DRIVER'S 23 TRAINING INSTRUCTION PERMIT. (1) Upon passage of the required knowledge tests 24 appropriate for the vehicle being operated, the department may issue an 25 instruction permit for the type of vehicle(s) the person will be operating, 26 entitling the applicant, while having the permit in his immediate possession, 27 to drive a motor vehicle upon the highways for a period ofat least28up to one hundred eighty (180) days. That person must be 29 accompanied by an adult driver who holds a driver's license appropriate for 30 the vehicle being operated and who is actually occupying a seat beside the 31 driver. 32 (a) Any person who has reached the age of fifteen (15) years, and who has 33 successfully completed an approved driver training course may apply for a 34 class D instruction permit with driving privileges restricted to daylight 35 hours only, and with full privileges at sixteen (16) years of age. The 36 restriction of daylight hours only shall mean that period of time one-half 37 (1/2) hour before sunrise to one-half (1/2) hour after sunset. Any person 38 applying for an instruction permit or driving privileges who is under the 39 age of eighteen (18) years shall be in compliance with school attendance 40 requirements of section 49-303A, Idaho Code. 41 (b) Any person who has reached the age of eighteen (18) years may apply 42 for a class A, B or C instruction permit. 43 (c) On and after April 1, 1992, federal highway administration rules and 44 regulations concerning instruction permits, as specified in 49 CFR part 45 383, will be in effect for commercial motor vehicles46 operators . 47 (2) The department may,inat its discretion, 48 issue a temporary class D driver's license to an applicant for a class D 49 driver's license permitting him to operate a motor vehicle while the depart- 50 ment is completing its investigation and determination of all facts relative 51 to the applicant's right to receive a driver's license. The temporary 52 license may be cancelled at the department's discretion at any time after 53 issuance. The temporary license must be in the applicant's immediate 21 1 possession while operating a motor vehicle, and it shall be invalid when the 2 applicant's driver's license has been issued or for good cause has been 3 refused. 4 (3) If an applicant for a driver's training instruction permit cannot 5 provide a certified copy of his birth certificate at the time of application, 6 the department may issue a temporary driver's training instruction permit upon 7 receipt of both a photo identification and a letter from the school verifying 8 the applicant's enrollment in a driver training course.Upon receipt of9the certified copy of the birth certificate, the department shall issue the10driver's training instruction permit.11 (4) The department may issue a motorcycle endorsement instruction permit 12 to an applicant who has a valid driver's license and who has successfully com- 13 pleted the motorcycle riders knowledge test and paid the appropriate fees. The 14 permit entitles the applicant, while having the permit in his immediate 15 possession ,and while riding under the direct supervision16of any person eighteen (18) years or older who possesses a valid driver's17license, and after September 1, 1998, who also possesses a motorcycle endorse-18ment,to operate a motorcycle upon the highways for a period not to 19 exceed one hundred eighty (180) days. If the permittee passes the skills test 20 for a motorcycle endorsement within one hundred eighty (180) days of issuance 21 of the motorcycle endorsement instruction permit, he shall not be required to 22 pay the motorcycle endorsement fee."Direct supervision" means that any23person eighteen (18) years of age or older who possesses a valid driver's24license, and after September 1, 1998, who also possesses a motorcycle endorse-25ment, is within two hundred (200) feet of the permittee at all times during26the permittee's operation of a motorcycle.A person holding a motor- 27 cycle instruction permit shall not carry any passenger while operating a 28 motorcycle, shall not operate a motorcycle except during the hours of daylight 29 only and shall not operate a motorcycle upon any interstate highway system. 30 A violation of the conditions of a motorcycle endorsement instruction per- 31 mit is a misdemeanor. The department shall cancel the permit whether or not 32 such violation results in conviction of the misdemeanor. 33 SECTION 17. That Section 49-306, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 49-306. APPLICATION FOR DRIVER'S LICENSE OR INSTRUCTION PERMIT. (1) Every 36 application for an instruction permit or for a driver's license shall be made 37 upon a form furnished by the department and shall be verified by the applicant 38 before a person authorized to administer oaths. Officers and employees of the 39 department and sheriffs and their deputies are authorized to administer the 40 oaths without charge. Every application for a permit , extension 41 or driver's license shall be accompanied by the following fee, none of which 42 is refundable: 43 (a) Class A, B, C license with endorsements ...................... $24.50 44 (b) Class D license .............................................. $20.50 45 (c) Class A, B, C instruction permit ............................. $15.50 46 (d) Class D instruction permit ................................... $11.50 47 (e) Duplicate driver's license or permit issued under section 49-318, 48 Idaho Code ........................................................ $11.50 49 (f) Driver's license extension issued under section 49-319, Idaho Code 50 ................................................................... $ 6.50 51 (g) License classification change (upgrade) ...................... $15.50 52 (h) Endorsement addition ......................................... $11.50 53 (i) Class A, B, C skills tests ................................... $35.00 22 1 (j) Class D skills test .......................................... $15.00 2 (k) Motorcycle endorsement skills test ............................$ 5.00 3 (l) Knowledge test ............................................... $ 3.00 4 (m) Seasonal driver's license..................................... $23.50 5 (n) One time motorcycle "M" endorsement .......................... $11.50 6 (o) Motorcycle endorsement instruction permit .................... $11.50 7 (p) Restricted driving permit ....................... $35.00 8 (2) Every application shall state the full name, date of birth, place of 9 birth, sex, Idaho residence address and mailing address, if different, of the 10 applicant, height, weight, hair color, and eye color, and for a class A, B, or 11 C driver's license or seasonal driver's license the applicant's social secu- 12 rity number as verified by the applicant's social security card. A driver's 13 license or instruction permit issued on and after January 1, 1993, shall not 14 contain an applicant's social security number. Applications on file shall be 15 exempt from disclosure except as provided in sections 49-202, 49-203, 49-203A 16 and 49-204, Idaho Code. Every application shall also state whether the appli- 17 cant has previously been licensed as a driver, and if so, when and by what 18 state or country, and whether a driver's license or privileges have ever been 19 suspended, revoked, denied, disqualified, cancelled or whether an application 20 has ever been refused, and if so, the date of and reason for the suspension, 21 revocation, denial, disqualification, cancellation or refusal and the 22 applicant's oath that all information is correct as signified by the 23 applicant's signature. The applicant may be required to submit proof of iden- 24 tity and date of birth as set forth in a certified copy of his birth certifi- 25 cate and other satisfactory evidence to satisfy the issuing officer or the 26 department.If an applicant for a driver's training instruction permit27cannot provide a certified copy of his birth certificate at the time of appli-28cation, the department may issue a temporary driver's training instruction29permit in accordance with the provisions of section 49-305, Idaho Code.30 (3) Whenever an application is received from a person previously licensed 31 in another jurisdiction, the department shall request a copy of the driver's 32 record from the other jurisdiction and shall contact the national driver reg- 33 ister. When received, the driver's record from the previous jurisdiction shall 34 become a part of the driver's record in this state with the same force and 35 effect as though entered on the driver's record in this state in the original 36 instance. 37 (4) Whenever the department receives a request for a driver's record from 38 another licensing jurisdiction, the record shall be forwarded without charge. 39 (5) The department shall contact and notify the commercial driver license 40 information system of the proposed application for a class A, B or C driver's 41 license to insure identification of the person and to obtain clearance to 42 issue the license. 43 (6) When the fees required under this section are collected by a county 44 officer, they shall be paid over to the county treasurer not less often than 45 monthly, who shall immediately: 46 (a) Deposit an amount equal to five dollars ($5.00) from each driver's 47 license or instruction permit application fees, application for a dupli- 48 cate driver's license or permit, classification change, seasonal driver's 49 license and additional endorsement in the current expense fund; and 50 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle 51 endorsement and motorcycle endorsement instruction permit fee in the cur- 52 rent expense fund; and 53 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a 54 knowledge test in the current expense fund; and 55 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a 23 1 motorcycle endorsement skills test in the current expense fund; provided 2 however, if a contractor administers the skills test he shall be entitled 3 to the five dollar ($5.00) fee; 4 (e) Remit the remainder to the state treasurer; and 5 (f) Deposit eleven dollars and fifty cents ($11.50) from each fee for a 6 class D skills test into the county current expense fund, unless the test 7 is administered by a department-approved contractor, in which case the 8 contractor shall be entitled to eleven dollars and fifty cents ($11.50) of 9 each fee. 10 (7) When the fees required under this section are collected by a state 11 officer or agency, they shall be paid over to the state treasurer. 12 (8) The state treasurer shall distribute the moneys received from fees 13 imposed by the provisions of this section, whether collected by a county offi- 14 cer or by a state officer or agency as follows: 15 (a) Two dollars ($2.00) of each fee for a driver's license or seasonal 16 driver's license shall be deposited in the emergency medical services 17 account II created in section 39-146A, Idaho Code; and 18 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal 19 or class A, B, or C driver's license shall be deposited in the state high- 20 way account; and 21 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, B, or 22 C instruction permit or driver's license classification change shall be 23 deposited in the state highway account; and 24 (d) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea- 25 sonal or class A, B, or C driver's license, class A, B, or C driver's 26 license extension, or additional endorsement shall be deposited in the 27 state highway account; and 28 (e) Four dollars ($4.00) of each fee for a motorcycle endorsement and 29 motorcycle endorsement instruction permit shall be deposited in the state 30 highway account; and 31 (f) Five dollars and thirty cents ($5.30) of each fee for a class D 32 driver's license shall be deposited in the driver training account; and 33 (g) Seven dollars and twenty cents ($7.20) of each fee for a class D 34 driver's license shall be deposited in the highway distribution account; 35 and 36 (h) Two dollars and sixty cents ($2.60) of each fee for a class D 37 instruction permit, duplicate class D license or permit, and class D 38 license extension shall be deposited in the driver training account; and 39 (i) Three dollars and ninety cents ($3.90) of each fee for a class D 40 instruction permit, duplicate class D license or permit, and class D 41 license extension shall be deposited in the highway distribution account; 42 and 43 (j) Five dollars ($5.00) of each fee for a class A, B, or C skills test 44 shall be deposited in the state highway account; and 45 (k) One dollar ($1.00) of each fee for a class A, B, C or D driver's 46 license shall be deposited in the motorcycle safety program fund estab- 47 lished in section 33-489 04, Idaho Code. 48 (l) Three dollars and fifty cents ($3.50) of each fee for a class D 49 skills test shall be deposited into the state highway account. 50 (9) The contractor administering a class A, B, or C skills test shall be 51 entitled to thirty dollars ($30.00) of the skills test fee. A contractor 52 administering a class A, B, or C skills test may collect an additional fee for 53 the use of the contractor's vehicle for the skills test. 54 (10) Thirty-five dollars ($35.00) of each restricted driving permit 55 shall be deposited in the state highway account. 24 1 (11) The department may issue seasonal class B or C driver's 2 licenses that: 3 (a) Will only be valid for driving commercial vehicles that normally 4 require class B or C commercial driver's licenses; 5 (b) Will be valid for seasonal periods that begin on the date of issuance 6 and that are not to exceed one hundred eighty (180) days in a twelve (12) 7 month period; 8 (c) May only be obtained twice in a driver's lifetime; 9 (d) Are valid only within a one hundred fifty (150) mile radius of the 10 place of business or farm being serviced; and 11 (e) Will be valid only in conjunction with valid Idaho class D driver's 12 licenses. 13 (112 ) The department may issue seasonal class B 14 or C driver's licenses to drivers who: 15 (a) Have not violated the single license provisions of 49 CFR part 383; 16 (b) Have not had any license suspensions, revocations or cancellations; 17 (c) Have not had any convictions in any vehicle for any offense listed in 18 section 49-335(1) or 49-335(2), Idaho Code, or any one (1) serious traffic 19 offense; 20 (d) Have at least one (1) year of driving experience with a class D or 21 equivalent license in any type motor vehicle; and 22 (e) Are at least sixteen (16) years old. 23 SECTION 18. That Section 49-307, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 49-307. FEE FOR DRIVER'S TRAINING INSTRUCTION PERMIT. (1) Every enrollee 26 of a driver training course in a public school shall pay a nonrefundable 27 fee of thirty dollars ($30.00). Twenty-five dollars ($25.00) of each 28 fee so imposed shall be deposited in the driver training account and five dol- 29 lars ($5.00) will be deposited in the county current expense fund. 30 (2) Every enrollee of a driver's training course offered by a commercial 31 business shall pay a nonrefundable fee of ten dollars ($10.00). 32 Five dollars ($5.00) of the fee so imposed shall be deposited in the driver 33 training account and five dollars ($5.00) shall be deposited in the county 34 current expense fund. 35 (3) Each enrollee of a driver training course shall provide the type of 36 information required for a driver's license or instruction permit, but the 37 driver's training instruction permit shall be issued to the instructor of the 38 course , and the driver training instruction permit shall expire one (1) 39 year from the issue date . 40 (4) No enrollee of any driver training course shall be allowed to com- 41 plete the course unless he has obtained a driver's training instruction per- 42 mit. 43 SECTION 19. That Section 49-313, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 49-313. EXAMINATION OF APPLICANTS. (1) The sheriff, his deputy or autho- 46 rized agents of the department shall examine every applicant for an instruc- 47 tion permit, seasonal driver's license, or a driver's license or a motorcycle 48 endorsement, except as otherwise provided by law.ItThe 49 examination shall include a test of the applicant's eyesight , 50and hearing,his ability to read and understand highway 51 signs regulating, warning, and directing traffic. A skills test shall be 25 1 required for an applicant who has not been previously licensed for the class 2 of license requested, or who holds a license issued by another country 3 unless a reciprocal agreement is in force . However, a4Askills test may be required for any and all other applicants 5 at the discretion of the examiner or department for a class A, B, C or 6 D driver's license or a motorcycle endorsement. In addition, the applicant's 7 knowledge of traffic laws of this state and when a motorcycle endorsement is 8 applied for, the applicant's knowledge of safe motorcycle operating practices 9 and traffic laws specifically relating to motorcycle operation shall be tested 10 by a written examination, except as provided in section 49-319, Idaho Code. At 11 the discretion of the examiner, the prescribed written examination may be con- 12 ducted orally. 13 (2) The knowledge and skill examinations for applicants for driver's 14 licenses in class A, B or C shall be conducted in compliance with 49 CFR part 15 383. 16 (3) The skill test for a class A, B, C or D driver's license or for any 17 endorsementother than a motorcycle endorsementshall be given by 18 the department or its authorized agents. The skills examiner for a motorcycle 19 endorsement shall be certified by the department of education. 20 (4) Any person who has successfully completed an approved driver training 21 course and who applies for a driver's license more than three (3) months after 22 completion of the driver training course shall be required to retake the skill 23 test in addition to any other tests required upon application for a driver's 24 license. 25 (5) The department shall not issue a tank, double/triple trailer, or haz- 26 ardous material endorsement unless the applicant, in addition to all other 27 applicable qualifications, has passed an appropriate knowledge test. The 28 department shall not issue a passenger endorsement unless the applicant, in 29 addition to all other applicable qualifications, has passed an appropriate 30 knowledge and skills test. 31 (6) Any person failing to pass a knowledge or skill test for a class A, 32 B, C or D driver's license, or a knowledge test for a seasonal driver's 33 license, or any endorsement may not retake the test within three (3) business 34 days of the failure. 35 (7) Any person retaking a knowledge or skill test for a driver's license 36 shall pay the appropriate testing fee as specified in section 49-306, Idaho 37 Code. 38 (8)A skill examination for a class A, B or C driver's license may39be waived for an applicant who certifies within the preceding two (2) years:40(a) He has not violated the single license provisions of 49 CFR part 383;41(b) He has not had any license suspension, revocation or cancellation;42(c) He has not had any conviction for any type of motor vehicle for any43of the disqualification offenses contained in 49 CFR part 383.51;44(d) He has not had any violation of state or local laws relating to motor45vehicle traffic control, arising in connection with any traffic accident,46and has no record of an accident in which he was at fault; and47(e) He is regularly employed in a job requiring operation of a commercial48motor vehicle; and49(f) He has previously taken and passed a skills test given by a state50classified licensing and testing system and that the test was behind-51thewheel in a representative vehicle for that applicant's driver's license52classification; or53(g) He has operated, for at least two (2) years immediately preceding54application for a commercial driver's license, a vehicle representative of55the commercial motor vehicle he operates or expects to operate.26 1(9)The motorcycle skills test for a motorcycle endorsement shall 2 be waived by the department: 3 (a) On and after September 1, 1998, if the applicant presents satisfac- 4 tory evidence of successful completion of a recognized motorcycle rider 5 training course approved by the department of education; 6 (b) On and after September 1, 1998, if the applicant presents evidence of 7 a motorcycle endorsement on his current license by a state or province 8 which requires a motorcycle skills test equivalent to that required by 9 Idaho law as determined by the department of education; 10 (c) Until September 1, 1998. 11 (109 ) At the discretion of the department, an 12 alternate skills test for the motorcycle endorsement may be administered when 13 the endorsement is for operation of a three-wheeled motorcycle only. 14 (110 ) The department or its authorized agents 15 may refuse to give an applicant a skills test if there are reasonable grounds 16 to believe that the safety of the applicant, public, or the examiner would be 17 jeopardized by doing so. Reasonable grounds would include, but not be limited 18 to, the applicant's inability to pass the eye test, written tests, or a state- 19 ment by a licensed physician stating the applicant is not physically able to 20 drive a motor vehicle. 21 (121 ) The department or its authorized agents 22 may deny issuance or renewal of a driver's license or endorsement to any 23 applicant who does not meet the licensing requirements for the class of 24 driver's license or endorsement being renewed or issued. 25 (132 ) Skill examinations for seasonal driver's 26 licenses shall be waived. 27 SECTION 20. That Section 49-315, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 49-315. LICENSES ISSUED TO DRIVERS. (1) The department shall issue to 30 every qualifying applicant a driver's license as applied for, which shall bear 31 a distinguishing number assigned to the licensee, the full name, date of 32 birth, Idaho residence address, sex, weight, height, eye color, hair color, 33 color photograph, name of this state, date of issuance, date of expiration, 34 license class, endorsements, restrictions and "under 21 until (month, day, 35 year)", and any other distinguishing printing of the words "under 21" on the 36 license, if applicable, and the applicant's signature. No driver's license 37 shall be valid until it has been signed on the signature line of the license 38 by the licensee. 39 (2) Every driver's license shall bear a color photograph of the licensee, 40 which shall be taken by the examiner at the time the application is made. The 41 photograph shallnormallybe taken without headgear or other 42 clothing or device that disguises or otherwise conceals the face or head of 43 the applicant, but the requirement for an uncovered face photograph44. A waiver may bewaivedgranted 45 by the department allowing the applicant to wear headgear or other head 46 covering for medical , religious or safety purposes 47 so long as the face is not disguised or otherwise concealed . A driver's 48 license may contain a statement or indication of the medical condition of the 49 licensee. 50 (3) The department shall notify the commercial driver license information 51 system that a class A, B or C driver's license has been issued as required by 52 49 CFR part 383. 53 (4) A licensee desiring to donate any or all organs or tissue in the 27 1 event of death, pursuant to the provisions for donation of anatomical gifts as 2 set forth in chapter 34, title 39, Idaho Code, at the option of the donor may 3 indicate this desire on the driver's license by the imprinting of the word 4 "donor" on the license. 5 SECTION 21. That Section 49-318, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 49-318. DUPLICATE DRIVER LICENSES. In the event that any instruction per- 8 mit, class A, B, C, or D or seasonal driver's license is lost or destroyed, or 9 a name of a licensee is changed by marriage or otherwise legally changed, the 10 person to whom the permit or driver's license was issued may, upon payment of 11 the fee fixed in section 49-306, Idaho Code, and upon furnishing satisfactory 12 proof to the department that the permit, class A, B, C, or D or seasonal 13 driver's license has been lost or destroyed, or the name has been 14 legally changed,obtainapply for a duplicate 15 or substitute permit or driver's license together with appropriate endorse- 16 ments that may have existed on the previous permit or license. The applicant 17 shall provide proof of identity and date of birth as set forth in a certified 18 copy of his birth certificate and other satisfactory evidence. In the case of 19 a name change, the applicant shall provide legal documentation to verify the 20 change in accordance with department rules. 21 SECTION 22. That Section 49-319, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 49-319. EXPIRATION AND RENEWAL OF DRIVER'S LICENSE. (1) Every Idaho 24 driver's license issued to a driver shall expire on the licensee's birthday in 25 the fourth year following the issuance of the driver's license. Every driver's 26 license thathasis not, as provided by law,27beensuspended, revoked or disqualified in this state or any other 28 jurisdiction shall be renewable on or before its expiration, but not more than 29 twelve (12) months before, upon application, payment of the required fee, and 30 satisfactory completion of the required eyesightand hearing31 examination. No knowledge test shall be required for renewal of a driver's 32 license, except for renewal of a hazardous material endorsement. Appropriate 33 knowledge and skill tests shall be required for an upgrade in a driver's 34 license class or an endorsement addition. In the case of a name change, the 35 applicant shall provide legal documentation to verify the change in accordance 36 with department rules. 37 (2) When a driver's license has been expired for less than twelve (12) 38 months, the renewal of the driver's license shall start from the original date 39 of expiration regardless of the year in which the application for renewal is 40 made. If the driver's license is expired formore thantwelve 41 (12) months or more , the applicant shall be required to take the 42 knowledge , skills and vision test and the application shall 43 expire on the licensee's birthday in the fourth year following issuance of the 44 driver's license. 45 (3) (a) If a driver's license has expired or will expire and the licensee 46 is temporarily out-of-state except on active military duty, and the 47 driver's license has not, as provided by law, been suspended, revoked, 48 cancelled, denied, refused or disqualified, the licensee may request in 49 writing on a form prescribed by the department an extension of the 50 driver's license. The request shall be accompanied by the fee fixed in 51 section 49-306, Idaho Code, and the extension shall be less than a twelve 28 1 (12) month period. If the department determines that an extension of the 2 driver's license is necessary, it may issue a certificate of extension 3 showing the date to which the expired driver's license is extended, and 4 this certificate shall be attached to the expired driver's license. Cer- 5 tificates of extension are limited to one (1) per licensee. 6 (b) Upon returning to the state of Idaho, the licensee shall within ten 7 (10) days, apply for a renewal of the expired driver's license and surren- 8 der the certificate of extension and the expired driver's license. 9 (c) A hazardous material endorsement cannot be extended. 10 (4) An Idaho driver's license issued to any person prior to serving on 11 active duty in the armed forces of the United States, or a member of the imme- 12 diate family accompanying such a person, if valid and in full force and effect 13 upon entering active duty, shall remain in full force and effect and shall, 14 upon application, be extended for a period of four (4) years so long as active 15 duty continues, if the driver's license is not suspended, denied, disquali- 16 fied, cancelled or revoked, as provided by law, during the active duty, and 17 the driver's license shall remain in full force and effect sixty (60) days 18 following the date the holder is released from active duty. 19 (5) The department may use a mail renewal process for class D licenses 20 based on criteria established by rule. 21 (6) A seasonal driver's license is only valid for a one hundred eighty 22 (180) day period from the date of issuance. Only one (1) seasonal driver's 23 license may be obtained in any twelve (12) month period, and may only be 24 obtained twice in a driver's lifetime. 25 SECTION 23. That Section 49-320, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 49-320. NOTICE OF CHANGE OF ADDRESS. It is the responsibility of every 28 licensed driver and every person applying for a driver's license to keep a 29 current address on file with the department. 30 (1) Whenever any person after applying for or receiving a driver's 31 license shall move from the address shown in the application or in the 32 driver's license issued, that person shall, withinfourteen33 thirty (1430 ) days, notify the department in 34 writing of the old and new addresses. 35 (2) Whenever any statute or rule requires a driver to receive notice of 36 any official action with regard to the person's driver's license or driving 37 privileges taken or proposed by a court or the department, notification by 38 certified mail at the address shown on the application for a driver's license 39 or at the address shown on the driver's license or at the address given by the 40 driver, shall constitute all the legal notice that is required. 41 SECTION 24. That Section 49-321, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 49-321. RECORDS TO BE KEPT BY THE DEPARTMENT. (1) The department shall 44 file every application for a driver's license received by it and shall main- 45 tain suitable indices containing: 46 (a) All applications denied and on each note the reason for denial; 47 (b) All applications granted; 48 (c) The name of every licensee whose driver's license has been suspended, 49 revoked, cancelled, denied or disqualified by the department and after 50 each name note the reasons for the action; 51 (d) The driver's license number for the applicant; and 29 1 (e) The social security number of the applicant for a commercial driver's 2 license. 3 (2) The department shall also file all accident reports and abstracts of 4 court records of convictions received by it under the law in either 5 paper or electronic form and maintain convenient records or make suit- 6 able notations in order that an individual record of each licensee showing the 7 convictions and the traffic accidents in which the licensee has been involved 8 shall be readily ascertainable and available for consideration of the depart- 9 ment upon any application for renewal of a driver's license and at other suit- 10 able times. 11 (3) The department of health and welfare, on or about the 25th day of 12 each month shall, upon the request of the department, furnish the department a 13 listing showing the name, age, county of residence, and residence address of 14 each Idaho resident who has died during the preceding month. The listing shall 15 be used only for purposes of updating the driver's license files of the 16 department and shall be subject to disclosure according to chapter 3, title 9, 17 Idaho Code. 18 SECTION 25. That Section 49-324, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 49-324. SUSPENDING RESIDENT'S LICENSE AND PRIVILEGES UPON CONVICTION 21 , ADMINISTRATIVE ACTION OR COURT ORDER IN ANOTHER STATE. The depart- 22 ment shall suspend, disqualify or revoke the driver's license or privilege of 23 any resident of this state or the privilege of a nonresident to operate a 24 motor vehicle in this state upon receiving notice of the conviction , 25 administrative action or court order of that person in another state of 26 an offense which, if committed in this state, would be grounds for the suspen- 27 sion, disqualification or revocation of the driver's license and privileges of 28 the driver. The department shall forward a certified copy or electronic trans- 29 fer to the national driver register. 30 SECTION 26. That Section 49-326, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 49-326. AUTHORITY OF DEPARTMENT TO SUSPEND, DISQUALIFY OR REVOKE DRIVER'S 33 LICENSE AND PRIVILEGES. (1) If the court has not ordered the suspension of a 34 license or privileges, the department is authorized to suspend, disqualify or 35 revoke the license or privileges of a driver without preliminary hearing upon 36 a showing by its records or other sufficient evidence that the driver: 37 (a) Has committed an offense for which mandatory revocation , sus- 38 pension or disqualification of license or privileges is required 39 upon conviction , court order or administrative action ; 40 (b) Has been convicted in any court in this state of an offense against a 41 municipal ordinance which would have been grounds for suspension, revoca- 42 tion or disqualification of his driver's license or privileges had the 43 charge been prosecuted under a state law; 44 (c) Is incompetent to drive a motor vehicle; 45 1. Any person who in the opinion of the department, based upon rec- 46 ommendation of the person's personal physician, is afflicted with or 47 subject to any condition which brings about momentary or prolonged 48 lapses of consciousness or control, which is or may become chronic, 49 or when the person is suffering from a physical or mental disability 50 or disease serving to prevent him from exercising reasonable and 51 ordinary control over a motor vehicle while operating it upon the 30 1 streets and highways, or any person who is unable to understand high- 2 way signs, warning, regulating or directing traffic, is incompetent 3 to drive a motor vehicle. 4 2. Any person who shall not have minimum visual acuity with or with- 5 out corrective lenses of 20/40 in at least one (1) eye as determined 6 by the Snellen system or other available systems is incompetent to 7 operate a motor vehicle, however, the department shall have the 8 authority to license such person upon the recommendation of an oph- 9 thalmologist or qualified physician and upon passage of a skills 10 test. At 20/70 or more in both eyes with or without corrective lenses 11 the department may suspend the driver's license and privileges. Any 12 person who applies for or receives any type of tax, welfare or other 13 benefits or exemptions for the blind shall be conclusively presumed 14 incompetent to operate a motor vehicle. 15 3. Any person, department, or political subdivision of the state of 16 Idaho who receives an application for any type of tax, welfare, aid 17 or other benefits or exemptions for the blind shall immediately for- 18 ward the name, address, sex, date of birth, and date of application 19 of the applicant to the department; 20 (d) Has permitted an unlawful or fraudulent use of a driver's license; 21 (e) Has committed an offense , as evidenced by a conviction, court 22 order or administrative action, in another state which if committed 23 in Idaho would be grounds for suspension, disqualification or revocation; 24 (f) Has been convicted of the offense of reckless driving, or fleeing or 25 attempting to elude a peace officer, and providing that the operating 26 privilege shall be suspended for a period of thirty (30) days upon convic- 27 tion and providing further, that if a second conviction occurs within a 28 two (2) year period of time from the time of the first conviction, the 29 suspension shall be for ninety (90) days, and if a third conviction shall 30 occur within a three (3) year period of time from the time of the first 31 conviction, the period of suspension shall be for one (1) year; 32 (g) Has failed to satisfy a judgment as set forth in chapter 12, title 33 49, Idaho Code; 34 (h) Has failed to maintain proof of financial responsibility as set forth 35 in chapter 12, title 49, Idaho Code; 36 (i) Has a driving record which shows a violation point count of twelve 37 (12) or more points in any consecutive twelve (12) month period; 38 (j) Is an habitual violator of traffic laws; 39 (k) Has been convicted of the offense of violation of a restricted 40 license and providing the driver's license and privileges be suspended for 41 a period of thirty (30) days; 42 (l) Has been convicted for the offense of leaving the scene of an acci- 43 dent involving damages to a vehicle, the period of revocation shall be one 44 (1) year; 45 (m) Has been convicted for the offense of leaving the scene of an acci- 46 dent resulting in injury or death, the period of revocation shall be one 47 (1) year; 48 (n) Is under the age of eighteen (18) years and is not satisfactorily 49 enrolled in school, has not received a waiver pursuant to or has not com- 50 pleted school as provided in section 49-303A, Idaho Code. 51 (2) A violation point is assessed for conviction of any charge or with 52 proof of any infraction involving a moving traffic violation. A value of one 53 (1) point shall be given for a less serious violation and up to four (4) 54 points for a more serious violation. Conviction or proof of infraction for 55 only one (1) violation arising from one (1) occasion of arrest or citation 31 1 shall be counted in determining the violation point count. 2 (3) The department is authorized and directed to establish a violation 3 point count system for various moving traffic violations and infractions 4 occurring either within or without the state of Idaho, affecting all holders 5 of driver's licenses issued by the department. 6 (4) Notification of suspension, revocation, cancellation or disqualifica- 7 tion. Upon suspending, revoking, canceling or disqualifying the driver's 8 license or driving privileges of any person, the department shall immediately 9 notify the applicant or licensee in writing, at the licensee's address on file 10 with the department pursuant to section 49-320, Idaho Code. Upon his request 11 the department shall afford him an opportunity for a hearing before a hearing 12 officer appointed by the director. The hearing may be held by telephone within 13 twenty (20) days after receipt of the request, unless this period is for good 14 cause shown, extended by the hearing officer for one ten-day period. The 15 notice and hearing shall be required prior to the imposition of additional 16 suspension or disqualification periods beyond the periods as set forth in this 17 section. Upon a hearing the hearing officer may administer oaths, may issue 18 subpoenas for the attendance of witnesses and the production of relevant books 19 and papers, and may require a reexamination of the licensee. Upon the hearing 20 the department shall either rescind its order or, with good cause, may affirm 21 or extend the suspension or disqualification of the driver's license or revoke 22 the driver's license. 23 Whenever a driver's license, permit or driving privilege has been sus- 24 pended or revoked by the department as provided in this section, other than as 25 set forth in subsection (1)(c), (d), (g), (h), (m) or (n), the department may 26 issue a temporary restricted permit restricting the time, area and purpose of 27 use. The application, eligibility requirements and form of the temporary 28 restricted permit shall be provided by administrative rule. 29 (5) The department shall not suspend a driver's license or privileges for 30 a period of more than one (1) year ,and upon revoking a31driver's license or privileges shall not in any event grant application for a32new driver's license until the expiration of one (1) year after the revocation33except as otherwise provided by law . The provisions of 34 this subsection shall not be applicable with respect to the issuance of tempo- 35 rary restricted permits as provided in section 49-325, Idaho Code. 36 (6) The department shall not disqualify a driver for a period longer than 37 specified by 49 CFR part 383. 38 SECTION 27. That Section 49-335, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 49-335. DISQUALIFICATIONS AND PENALTIES -- COMMERCIAL DRIVER'S LICENSE. 41 (1) Any person who operates a commercial motor vehicle and who holds a class 42 A, B or C driver's license is disqualified from operating a commercial motor 43 vehicle for a period of not less than one (1) year if convicted of a first 44 violation under any state or federal law of: 45 (a) Operating a commercial motor vehicle while under the influence of 46 alcohol or a controlled substance; 47 (b) Operating a commercial motor vehicle while the alcohol concentration 48 of the person's blood, breath or bodily substance is 0.04 or more; 49 (c) Leaving the scene of an accident involving a commercial motor vehicle 50 driven by the person; 51 (d) Using a commercial motor vehicle in the commission of any felony. 52 (2) Any person who operates a commercial motor vehicle and who holds a 53 class A, B or C driver's license is disqualified from operating a commercial 32 1 motor vehicle for a period of not less than one (1) year if the person refuses 2 to submit to a test to determine the driver's alcohol concentration while 3 operating a commercial motor vehicle. 4 (3) If any of the offenses specified in subsection (1) or (2) of this 5 section occurred while transporting a hazardous material required to be 6 placarded, the person is disqualified for a period of not less than three (3) 7 years. 8 (4) A person is disqualified for the period of time specified in 49 CFR 9 part 383 if found to have committed two (2) or more of any of the offenses 10 specified in subsection (1) or (2) of this section, or any combination of 11 those offenses, arising from two (2) or more separate incidents. 12 (5) A person is disqualified for the period of time specified in 49 CFR 13 part 383 from operating a commercial motor vehicle who uses a commercial motor 14 vehicle in the commission of any felony involving the manufacture, distribu- 15 tion, or dispensing of a controlled substance, or possession of a controlled 16 substance with the intent to manufacture, distribute or dispense such con- 17 trolled substance. 18 (6) A person is disqualified from operating a commercial motor vehicle 19 for a period of not less than sixty (60) days if convicted of two (2) serious 20 traffic violations, or one hundred twenty (120) days if convicted of three (3) 21 serious traffic violations, committed in a commercial motor vehicle arising 22 from separate incidents occurring within a three (3) year period. 23 (7) A person who drives, operates, or is in physical control of a commer- 24 cial motor vehicle within this state while having any detectable amount of 25 alcohol in his system or who refuses to submit to an alcohol test must be 26 placed out of service for twenty-four (24) hours and be subject to the provi- 27 sions of section 18-8002, Idaho Code. 28 (8) A person who is convicted of a violation of an out-of-service order 29 while driving a commercial motor vehicle is disqualified for not less than: 30 (a) Ninety (90) days nor more than one (1) year for a first conviction; 31 (b) One (1) year nor more than five (5) years for a second conviction 32 arising from separate incidents during any ten (10) year period; 33 (c) Three (3) years nor more than five (5) years for three (3) or more 34 convictions arising from separate incidents during any ten (10) year 35 period. 36 (9) A person who is convicted of a violation of an out-of-service order 37 while driving a commercial motor vehicle and while transporting hazardous 38 materials required to be placarded under the hazardous materials transporta- 39 tion act, or while operating motor vehicles designed to transport sixteen (16) 40 or more people including the driver, is disqualified for not less than: 41 (a) One hundred eighty (180) days nor more than two (2) years for a first 42 conviction; 43 (b) Three (3) years nor more than five (5) years for subsequent convic- 44 tions arising from separate incidents in any ten (10) year period. 45 SECTION 28. That Section 49-1208, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 49-1208. PROOF REQUIRED UPON CERTAIN CONVICTIONS. (1) If a person is not 48 licensed, but by final order or judgment is convicted of or forfeits any bail 49 or collateral deposited to secure an appearance for trial or has entered a 50 plea of guilty for any offense requiring the suspension or revocation of the 51 driver's license, or for operating a motor vehicle upon the highways without 52 being licensed to do so, no driver's license shall be issued to that person 53 and his driving privilege shall remain suspended or revoked until 33 1 he gives and maintains proof of financial responsibility. 2 (2) Whenever the department or a court suspends, or the department 3 revokes a resident's driver's license or nonresident's driving privilege by 4 reason of a conviction, forfeiture of bail, or upon a plea or finding of 5 guilty, the license or privilege shall remain suspended or revoked unless the 6 person shall have previously given or shall immediately give and maintain 7 proof of financial responsibility. 8 (3) Any person who is convicted of violating the provisions of either 9 section 49-1229, 49-1232 or 49-1428, Idaho Code, shall have his driver's 10 license and driving privileges suspended for a three (3) year period following 11 such conviction. The driver's license and driving privileges shall remain sus- 12 pended unless the person give s and maintain s 13 proof of financial responsibility throughout the three (3) year period follow- 14 ing such conviction. 15 (4) Whenever a person is required to maintain proof of financial respon- 16 sibility, and who is not a resident of Idaho, files and maintains proof of 17 financial responsibility in his home state the department shall reinstate the 18 person's driving privileges as long as proof of financial responsibility is 19 maintained in the person's home state. 20 SECTION 29. That Section 49-1301, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 49-1301. ACCIDENTS INVOLVING DAMAGE TO VEHICLE. (1) The driver of any 23 vehicle involved in an accident, either on public or private property open to 24 the public, resulting only in damage to a vehicle which is driven or attended 25 by any person shall immediately stop the vehicle at the scene of the accident, 26 or as close as possible, and shall immediately return to, and in every event 27 shall remain at, the scene of the accident until he has fulfilled the require- 28 ments of law. A stop as required by this section shall be made without 29 obstructing traffic more than is necessary. 30 (2) Any person failing to stop or to comply with the requirements under 31 these circumstances shall be guilty of a misdemeanor. 32 (3) The department shall revoke for a period of one (1) year the driver's 33 license, privileges or permit to drive, or the nonresident operating privi- 34 lege, of any person convicted of a violation of the provisions of this 35 sectionand section 49-326, Idaho Code. 36 SECTION 30. That Section 49-1416, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 49-1416. RECORD OF TRAFFIC CASES -- REPORT OF CONVICTIONS TO DEPARTMENT. 39 (1) Every magistrate or judge of a court shall keep or cause to be kept a 40 record of every traffic complaint, traffic citation, or other legal form of 41 traffic charge deposited with or presented to the court, and shall keep a 42 record of every official action by the court in reference thereto, including a 43 record of every conviction, forfeiture resulting from every traffic complaint 44 or citation deposited with or presented to the court. 45 (2) Within ten (10) days after a conviction or forfeiture of bail of a 46 person upon a charge of violating any provision of this title or other law 47 regulating the operation of vehicles on highways, the magistrate of the court 48 or clerk of the court of record in which the conviction was had or bail was 49 forfeited shall prepare and immediately forward to the department , 50 either by paper or electronically, an abstract of the record of the 51 court covering the case in which the person was convicted or forfeited bail. 34 1 The abstract shall be certified by the person required to prepare the abstract 2 to be true and correct. A report need not be made of any conviction involving 3 the illegal parking or standing of a vehicle. 4 (3) The abstract , whether paper or electronic, shall be made 5 upon a form as prescribed by the supreme court and shall include the name and 6 address of the party charged, the number if any of his driver's license, the 7 registration number of the motor vehicle involved, the nature of the offense, 8 the date of hearing, the plea, the judgment, or whether bail was forfeited, 9 and the amount of the fine or forfeiture as applicable. 10 (4) Every court of record shall also forward a like report to the depart- 11 ment upon the conviction of any person of manslaughter or other felony in the 12 commission of which a vehicle was used. 13 (5) The failure, refusal, or neglect of any judicial officer to comply 14 with any of the requirements of this section shall constitute misconduct in 15 office and shall be grounds for removal. 16 (6) The department shall keep all abstracts receivedat its main17officein either electronic format or on microfilm , and 18 abstracts shall be open to public inspection during reasonable business hours 19 with the exception of personal information which may be exempt from dis- 20 closure as otherwise provided by law . 21 SECTION 31. That Section 49-2443, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 49-2443. APPLICATION. Application for an identification card must be made 24 in person before an examiner authorized by the department to issue driver's 25 licenses. The examiner shall obtain the following from the applicant: 26 (1) The true and full name and Idaho residence address and mailing 27 address, if different, of the applicant; 28 (2) The identity and dateand placeof birth of the appli- 29 cant as set forth in a certified copy of his birth certificate and, subject to 30 subsection (6) of this section, other satisfactory evidence of identity 31 acceptable to the examiner or the department; 32 (3) The height and weight of the applicant; 33 (4) The color of eyes and hair of the applicant; and 34 (5) Applicant's signature. 35 (6) An applicant who has no photo identification or other secondary iden- 36 tification document satisfactory to the department as acceptable to verify 37 identity shall be eligible to receive an identification card upon presentation 38 of a certified copy of his birth certificate and either a social security card 39 or current medicaid card. 40 SECTION 32. That Section 49-2444, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 49-2444. IDENTIFICATION CARD ISSUED. (1) The department shall issue an 43 identification card which shall set forth the information contained in the 44 application, in a form as prescribed by the department. All identification 45 cards issued on or after January 1, 1993, shall not contain the applicant's 46 social security number. An applicant's social security number shall be exempt 47 from disclosure except for inquiries from agencies or institutions authorized 48 to obtain such information by federal law or regulation, from peace officers 49 or from jury commissioners. Each card shall be issued a distinguishing number 50 and shall bear upon it a color photograph of the applicant which shall be 51 taken by the examiner at the time of application. The photograph shall35 1normallybe taken without headgear or other clothing or device that 2 disguises or otherwise conceals the face or head of the applicant, but3the requirement for an uncovered face photograph. A waiver 4 may bewaivedgranted by the department allow- 5 ing the applicant to wear headgear or other head covering for 6 medical , religious or safety purposes so long as the face 7 is not disguised or otherwise concealed . No person shall receive an 8 identification card unless and until he surrenders to the department all iden- 9 tification cards in his possession issued to him by Idaho or any other juris- 10 diction, or until he executes an affidavit that he does not possess an identi- 11 fication card. A notation of "under 21 until (month, day, year)" and any other 12 distinguishing printing of the words "under 21" on the identification card 13 shall be made if applicable. The nonrefundable fee for an identi- 14 fication card shall be seven dollars and fifty cents ($7.50) of which five 15 dollars ($5.00) shall be retained by the county and credited to the current 16 expense fund, and two dollars and fifty cents ($2.50) shall be deposited in 17 the state treasury to the credit of the highway distribution account. Every 18 identification card shall expire on the cardholder's birthday in the fourth 19 year following issuance of the card. 20 (2) Every identification card shall be renewable on or before its expira- 21 tion, but not more than twelve (12) months before, and upon application and 22 payment of the required fee. 23 (3) When an identification card has been expired for less than twelve 24 (12) months, the renewal of the identification card shall start from the orig- 25 inal date of expiration regardless of the year in which the application for 26 renewal is made. If the identification card is expired for more than twelve 27 (12) months, the application shall expire on the applicant's birthday in the 28 fourth year following issuance of the identification card. 29 (4) A person possessing an identification card desiring to donate any or 30 all organs or tissue in the event of death, pursuant to the provisions for 31 donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code, 32 at the option of the donor may indicate this desire on the identification card 33 by the imprinting of the word "donor" on the identification card. 34 (5) In the case of a name change, the applicant shall provide legal docu- 35 mentation to verify the change in accordance with department rules. 36 (6) Whenever any person, after applying for or receiving an identi- 37 fication card, shall move from the address shown on the application or on the 38 identification card issued, that person shall, within fourteen (14) days, 39 notify the transportation department in writing of the old and new addresses. 40 (7) The department shall cancel any identification card upon 41 determining that the person was not entitled to the issuance of the identifi- 42 cation card, or that the person failed to give the required and correct infor- 43 mation in his application or committed fraud in making the application. Upon 44 cancellation, the person shall surrender the cancelled identification card to 45 the department. 46 (78 ) If any person shall fail to return to the 47 department the identification card as required, the department may direct any 48 peace officer to secure its possession and return the identification card to 49 the department.
STATEMENT OF PURPOSE
RS07313C1
The purpose of this legislation is to update 31 sections of driver-related Idaho Code to
match current DMV practices and to reflect amendments enacted to other sections.
FISCAL IMPACT
This legislation has no fiscal impact; it is for clean-up purposes only.
CONTACT
Name: Jane Caviness
Agency: Idaho Transportation Department
Phone: 334-8700
Statement of Purpose/Fiscal Impact
H 422