Print Friendly HOUSE BILL NO. 468, As Amended – Motor vehicle registratn, misc amen
HOUSE BILL NO. 468, As Amended
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
H0468aa......................................................by MR. SPEAKER
Requested by: Department of Transportation
MOTOR VEHICLES - Amends existing law relating to motor vehicle
registrations, definitions and operations to reflect current practices of
the Idaho Transportation Department and to be in compliance with previously
amended sections of law and changes in technology.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Transp
02/13 Rpt out - to Gen Ord
02/18 Returned to Transp
02/23 Rpt out - to Gen Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Geddes,
Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Marley, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black(15), Gagner, Hansen, Mader,
Floor Sponsor - Kempton
Title apvd - to Senate
03/06 Senate intro - 1st rdg as amen - to Transp
03/19 Rpt out - rec d/p - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Frasure
Title apvd - to House
03/23 To enrol - rpt enrol - Sp signed
03/24 Pres signed - to Governor
03/25 Governor signed
Session Law Chapter 392
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 468, As Amended
BY MR. SPEAKER
Requested by: Department of Transportation
1 AN ACT
2 RELATING TO MOTOR VEHICLE LAW; AMENDING SECTION 49-106, IDAHO CODE, TO REDE-
3 FINE "EXTRAORDINARY CIRCUMSTANCES" TO DELETE A TIME REQUIREMENT FOR EXPI-
4 RATION OF A REGISTRATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
5 TION 49-107, IDAHO CODE, TO DEFINE "FLEET REGISTRATION"; AMENDING SECTION
6 49-114, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
7 49-117, IDAHO CODE, TO REDEFINE "PRINCIPAL PLACE OF BUSINESS" TO DELETE
8 EXCLUSION OF A GASOLINE SERVICE STATION; AMENDING SECTION 49-121, IDAHO
9 CODE, TO REDEFINE "GENERAL TRAILER" TO DELETE A WEIGHT BEARING REQUIREMENT
10 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-401A, IDAHO CODE,
11 TO DELETE PROVISIONS FOR FLEET REGISTRATION AND RELATED REFERENCES AND TO
12 INCREASE THE GROSS WEIGHT ON COUNTY REGISTERED BUSES TO TWENTY-SIX THOU-
13 SAND POUNDS; AMENDING SECTION 49-401B, IDAHO CODE, TO DELETE THE REQUIRE-
14 MENT THAT A COUNTY ASSESSOR SHALL FORWARD COPIES OF REGISTRATION RECEIPTS
15 TO THE DEPARTMENT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
16 49-402, IDAHO CODE, TO CLARIFY EXEMPTION FROM REGISTRATION FOR MOTORCYCLES
17 AND ATVS; AMENDING SECTION 49-428, IDAHO CODE, TO CLARIFY DISPLAY OF
18 LICENSE PLATES AND REGISTRATION STICKERS FOR CERTAIN VEHICLES, TO CORRECT
19 A CODE CITATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
20 49-429, IDAHO CODE, TO CLARIFY DISPLAY OF COPY OF REGISTRATION PENDING
21 RECEIPT OF LICENSE PLATES; AMENDING SECTION 49-434, IDAHO CODE, TO PROVIDE
22 FOR REGISTRATION OF FLEETS OF VEHICLES, TO CLARIFY REGISTRATION OF
23 TRAILERS, SEMITRAILERS AND RENTAL UTILITY TRAILERS AND EXTENDED REGISTRA-
24 TION OF VEHICLES, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
25 49-434A, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
26 49-436, IDAHO CODE, TO CORRECT CODE CITATIONS; AMENDING SECTION 49-437,
27 IDAHO CODE, TO CLARIFY REGISTRATION OF CERTAIN VEHICLES WHEN THERE IS A
28 CHANGE IN THE REGISTERED WEIGHT OF THE VEHICLE; AMENDING SECTION 49-443,
29 IDAHO CODE, TO PROVIDE AN EXCEPTION FROM THE VALIDATION STICKER REQUIRE-
30 MENT FOR SEVEN-YEAR TRAILER REGISTRATIONS; AMENDING SECTION 49-444, IDAHO
31 CODE, TO CLARIFY REGISTRATION REQUIREMENTS FOR RECREATIONAL VEHICLES;
32 AMENDING SECTION 49-449, IDAHO CODE, TO PROVIDE FOR CANCELLATION OF THE
33 REGISTRATION OF A STOLEN VEHICLE; AMENDING SECTION 49-510, IDAHO CODE, TO
34 MAKE TECHNICAL CORRECTIONS RELATING TO THE FILING OF LIENS WHICH ARE SPE-
35 CIFIC TO THE TIME OF DAY SUCH LIENS ARE RECEIVED BY THE DEPARTMENT; AMEND-
36 ING SECTION 49-514, IDAHO CODE, TO DELETE THE REQUIREMENT THAT A CERTIFI-
37 CATE OF TITLE TO A VEHICLE REGISTERED IN A FOREIGN STATE MUST BE PRESENTED
38 TO THE DEPARTMENT BEFORE A CERTIFICATE OF TITLE CAN BE ISSUED BY THIS
39 STATE; AMENDING SECTION 49-1602, IDAHO CODE, TO PROVIDE DISCRETIONARY
40 POWERS TO THE DEPARTMENT RELATING TO ISSUANCE OF VEHICLE DEALER AND SALES-
41 MAN LICENSES, TO PROVIDE FOR FILING A COPY OF THE CERTIFICATE OF AN
42 ASSUMED BUSINESS NAME TO THE SECRETARY OF STATE AND TO MAKE TECHNICAL COR-
43 RECTIONS; AMENDING SECTION 49-1607, IDAHO CODE, TO DELETE PROVISION FOR
44 PRORATING THE FEE FOR A VEHICLE DEALER'S LICENSE FEE; AMENDING SECTION
45 49-1611, IDAHO CODE, TO CLARIFY TERMINOLOGY RELATING TO VEHICLE DEALER'S
46 AND SALESMAN'S LICENSES; AMENDING SECTION 49-1702, IDAHO CODE, TO DELETE
1 REFERENCE TO MOTORCYCLE ENGINE NUMBER; AMENDING SECTIONS 49-1705 AND
2 49-1707, IDAHO CODE, TO DELETE REFERENCE TO MOTORCYCLE ENGINE NUMBER AND
3 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-1803, IDAHO CODE, TO
4 DELETE REFERENCE TO MOTORCYCLE ENGINE NUMBER; AMENDING SECTION 49-1814,
5 IDAHO CODE, TO DELETE A NOTIFICATION REQUIREMENT RELATING TO DISPOSITION
6 OF LOW-VALUED VEHICLES, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNI-
7 CAL CORRECTIONS; AMENDING SECTION 49-1815, IDAHO CODE, TO DELETE REFERENCE
8 TO MOTORCYCLE ENGINE NUMBER AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND-
9 ING SECTION 49-1817, IDAHO CODE, TO PROVIDE FOR COLLECTION OF A FEE AS
10 SPECIFIED BY LAW.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 49-106, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 49-106. DEFINITIONS -- E.
15 (1) "Emergency vehicle." (See "Vehicle", section 49-123, Idaho Code)
16 (2) "Encumbrance." (See "Lien", section 49-113, Idaho Code)
17 (3) "EPA" means the environmental protection agency of the United States.
18 (4) "Essential parts" mean s all integral and body parts of a
19 vehicle of a type required to be registered, the removal, alteration or sub-
20 stitution of which would tend to conceal the identity of the vehicle or sub-
21 stantially alter its appearance, model, type or mode of operation.
22 (5) "Established place of business" means a place occupied either contin-
23 uously or at regular periods by a dealer or manufacturer where his books and
24 records are kept and a large share of his business is transacted.
25 (6) "Excessive" or "unusual noise" means any sound made by a passenger
26 motor vehicle or a motorcycle at any time under any condition of grade, speed,
27 acceleration or deceleration, which exceeds ninety-two (92) decibels, or any
28 lower decibel level that is fixed by law or rules and regulations
29 adopted by the board of health and welfare, on the "A" scale of a general
30 radio company No. 1551-B sound level meter, or equivalent, stationed at a dis-
31 tance of not less than twenty (20) feet to the side of a vehicle or motorcycle
32 as the vehicle or motorcycle passes the soundmeter or is stationed not less
33 than twenty (20) feet from a stationary motor or engine.
34 (7) "Excessive speed" means any speed of fifteen (15) miles per hour or
35 more above the posted speed limit, and is only for purposes of determining
36 disqualification of commercial driving privileges.
37 (8) "Executive head," as used in chapter 20, means the governor of the
38 state of Idaho.
39 (9) "Explosives" mean s any chemical compound or mechanical
40 mixture that is commonly used or intended for the purpose of producing an
41 explosion and which contains any oxidizing and combustive units or other
42 ingredients in proportions, quantities or packing that an ignition by fire, by
43 friction, by concussion, by percussion or by detonator of any part of the com-
44 pound or mixture may cause a sudden generation of highly heated gases with
45 which the resultant gaseous pressures are capable of producing destructive
46 effects on contiguous objects or of destroying life or limb.
47 (10) "Extraordinary circumstances" mean s any situation where
48 an emergency exists or public safety is endangered, and or
49 any situation in which a vehicle:
50 (a) Is blocking or impeding traffic; or
51 (b) Is causing a hazard; or
52 (c) Has the potential of impeding any emergency vehicle; or
1 (d) Is impeding any snow removal or other road maintenance operation; or
2 (e) Has been stolen but not yet reported as recovered; or
3 (f) Is not registered, or displays a license plate registration tag which
4 has been expired . for a period in excess of thirty (30)
6 SECTION 2. That Section 49-107, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 49-107. DEFINITIONS -- F.
9 (1) "Factory branch" means a branch office maintained by a person who
10 manufactures or assembles vehicles for sale to distributors or to dealers, or
11 for directing or supervising, in whole or in part, its representatives.
12 (2) "Factory representative" means any person and each officer and
13 employee engaged as a representative of a manufacturer of vehicles or by a
14 factory branch for the purpose of making or promoting a sale of their vehi-
15 cles, or for supervising or contacting their dealers or prospective dealers.
16 (3) "Farm tractor" means every motor vehicle designed or adapted and used
17 primarily as a farm implement power unit operated with or without other farm
18 implements attached in any manner consistent with the structural design of
19 that power unit.
20 (4) "Farm vehicle." (See "Vehicle", section 49-123, Idaho Code)
21 (5) "Felony" means any offense under state or federal law that is punish-
22 able by death or imprisonment for a term exceeding one (1) year.
23 (6) "Fifth wheel trailer." (See "Trailer", section 49-121, Idaho Code)
24 (7) "Financial institution" means any bank that is authorized to do busi-
25 ness in the state of Idaho and any other financial institution that is regis-
26 tered with the department of finance.
27 (8) "Flammable liquid" means any liquid which has a flash point of 70
28 degrees Fahrenheit, or less, as determined by a tagliabue or equivalent
29 closed-cup test device.
30 (9) "Fleet" means one (1) or more apportionable vehicles.
31 (10) "Fleet registration" means an optional form of registration
32 through the department rather than a county assessor for registration of
33 twenty-five (25) or more commercial or farm vehicles or any combination
34 thereof. This registration is not an option for fleets of rental vehicles.
35 Terms and conditions are further specified in section 49-434(5), Idaho Code.
36 (11) "Fold down camping trailer." (See "Trailer", section 49-121,
37 Idaho Code)
38 (1 1 2 ) "Foreign vehicle." (See "Vehicle", section
39 49-123, Idaho Code)
40 (1 2 3 ) "Franchise" means a contract or agreement
41 between a dealer and a manufacturer of new vehicles or its distributor or fac-
42 tory branch by which the dealer is authorized to engage in the business of
43 selling any specified make or makes of new vehicles.
44 (1 3 4 ) "Full-time salesman" means any person
45 employed as a vehicle salesman on behalf of a dealer for thirty (30) or more
46 hours per week, and who sells, purchases, exchanges or negotiates for the
47 sale, purchase or exchange of five (5) or more vehicles during each year in
48 which his license is in effect.
49 SECTION 3. That Section 49-114, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 49-114. DEFINITIONS -- M.
1 (1) "Major component part" means a rear clip, cowl, frame or inner struc-
2 ture forward of the cowl, body, cab, front end assembly, front clip or such
3 other part which is critical to the safety of the vehicle.
4 (2) "Manifest" means a form used for identifying the quantity, composi-
5 tion, origin, routing, waste or material identification code and destination
6 of hazardous material or hazardous waste during any transportation within,
7 through, or to any destination in this state.
8 (3) "Manufactured home." (See section 39-4105, Idaho Code)
9 (4) "Manufacturer" means every person engaged in the business of con-
10 structing or assembling vehicles of a type required to be registered at an
11 established place of business in this state. The term, for purposes of sec-
12 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
13 include a distributor and other factory representatives.
14 (5) "Manufacturer's year designation" means the model year designated by
15 the vehicle manufacturer, and not the year in which the vehicle is, in fact,
17 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped
18 for operation, to which shall be added the maximum load to be carried as
19 declared by the owner in making application for registration. When a vehicle
20 against which a registration or use fee is assessed is a combination of vehi-
21 cles, the term "maximum gross weight" means the combined maximum gross weights
22 of all vehicles in the combination.
23 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code)
24 (8) "Moped" means a limited-speed motor-driven cycle which is not capable
25 of propelling the vehicle at a speed in excess of thirty (30) miles per hour
26 on level ground, whether two (2) or three (3) wheels are in contact with the
27 ground during operation. If an internal combustion engine is used, the dis-
28 placement shall not exceed fifty (50) cubic centimeters and the moped shall
29 have a power drive system that functions directly or automatically without
30 clutching or shifting by the operator after the drive system is engaged.
31 (9) "Motorcycle" means every motor vehicle having a seat or saddle for
32 the use of the rider and designed to travel on not more than three (3) wheels
33 in contact with the ground, but excluding a tractor and moped.
34 (10) "Motor home" means a vehicular unit designed to provide temporary
35 living quarters, built into an integral part or permanently attached to a
36 self-propelled motor vehicle chassis. The vehicle must contain permanently
37 installed independent life support systems which meet the American National
38 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
39 vide at least four (4) of the following facilities: cooking, refrigeration or
40 ice box, self-contained toilet, heating and/or air conditioning, a por-
41 table potable water supply system, including a faucet and
42 sink, separate 110-125 volt electrical power supply and/or LP-gas supply.
43 (11) "Motorized wheelchair" means a motor vehicle with a speed not in
44 excess of eight (8) miles per hour, designed for and used by a handicapped
46 (12) "Motor number." (See "Identifying number", section 49-110, Idaho
48 (13) "Motor vehicle." (See "Vehicle", section 49-123, Idaho Code)
49 (14) "Motor vehicle liability policy" means an owner's or operator's pol-
50 icy of liability insurance, certified as provided in section 49-1210 or
51 49-1211, Idaho Code, as proof of financial responsibility, and issued, except
52 as otherwise provided in section 49-1211, Idaho Code, by an insurance carrier
53 duly authorized to transact business in this state, to or for the benefit of
54 the person named therein as insured.
55 (15) "Motor vehicle record" means any record that pertains to a motor
1 vehicle registration, motor vehicle title or identification documents or other
2 similar credentials issued by the department or other state or local agency.
3 SECTION 4. That Section 49-117, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 49-117. DEFINITIONS -- P.
6 (1) "Park" or "parking" means the standing of a vehicle, whether occupied
7 or not, other than temporarily for the purpose of and while actually engaged
8 in loading or unloading property or passengers.
9 (2) "Park trailer." (See "Trailer", section 49-121, Idaho Code)
10 (3) "Part-time salesman" means any person employed as a vehicle salesman
11 on behalf of a dealer less than thirty (30) hours per week.
12 (4) "Peace officer." (See section 19-5101(d), Idaho Code)
13 (5) "Pedestrian" means any person afoot and any person operating a wheel-
14 chair or a motorized wheelchair.
15 (6) "Pedestrian path" means any path, sidewalk or way set-aside and used
16 exclusively by pedestrians.
17 (7) (a) "Person" means every natural person, firm, fiduciary, copartner-
18 ship, association, corporation, trustee, receiver or assignee for the ben-
19 efit of creditors, political subdivision, state or federal governmental
20 department, agency, or instrumentality, and for the purposes of chapter 22
21 of this title shall include a private, common or contract carrier operat-
22 ing a vehicle on any highway of this state.
23 (b) "Person with a disability" means:
24 (i) A person who is unable to walk two hundred (200) feet or more
25 unassisted by another person;
26 (ii) A person who is unable to walk two hundred (200) feet or more
27 without the aid of a walker, cane, crutches, braces, prosthetic
28 device or a wheelchair; or
29 (iii) A person who is unable to walk two hundred (200) feet or more
30 without great difficulty or discomfort due to the following impair-
31 ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
32 order, blindness, or the loss of function or absence of a limb.
33 (8) "Personal information" means information that identifies an individ-
34 ual, including an individual's photograph or computerized image, social secu-
35 rity number, driver identification number, name, address, telephone number,
36 and medical or disability information, but does not include information on
37 vehicular accidents, driving or equipment-related violations, the five-digit
38 zip code of the person's address, or status of the driver's license or motor
39 vehicle registration.
40 (9) "Pneumatic tire." (See "Tires", section 49-121, Idaho Code)
41 (10) "Pole trailer." (See "Trailer", section 49-121, Idaho Code)
42 (11) "Possessory lien" means a lien dependent upon possession for compen-
43 sation to which a person is legally entitled for making repairs or performing
44 labor upon, and furnishing supplies or materials for, and for the towing,
45 storage, repair, or safekeeping of, any vehicle of a type subject to registra-
47 (12) "Possessory lienholder" means any person claiming a lien, that lien
48 claimed to have accrued on a basis of services rendered to the vehicle which
49 is the subject of the lien.
50 (13) "Preceding year" means, for the purposes of section 49-435, Idaho
51 Code, a period of twelve (12) consecutive months fixed by the department,
52 prior to July 1 of the year immediately preceding the commencement of the reg-
53 istration or license year for which proportional registration is sought. The
1 department in fixing the period shall make it conform to the terms, conditions
2 and requirements of any applicable agreement or arrangement for the propor-
3 tional registration of vehicles.
4 (14) "Pressure regulator valve" means a device or system which governs the
5 load distribution and controls the weight borne by a variable load suspension
6 axle in accordance with a predetermined valve setting.
7 (15) "Principal place of business" means an enclosed commercial structure
8 located within the state, easily accessible and open to the public at all rea-
9 sonable times, with an improved display area large enough to display five (5)
10 or more vehicles of the type the dealer is licensed to sell, immediately
11 adjoining the building, and at which the business of a dealer, including the
12 display and repair of vehicles, may be lawfully carried on in accordance with
13 the terms of all applicable building codes, zoning and other land-use regula-
14 tory ordinances, and in which building the public shall be able to contact the
15 dealer or his salesmen in person or by telephone at all reasonable times, and
16 at which place of business shall be kept and maintained the books, records and
17 files necessary to conduct the business. The principal place of business shall
18 display an exterior sign permanently affixed to the land or building, with
19 letters clearly visible to the major avenue of traffic. In no event shall a
20 room or rooms in a hotel, rooming house, or apartment house building or a part
21 of any single or multiple unit dwelling house be considered a "principal place
22 of business" within the terms and provisions of this title unless the entire
23 ground floor of that hotel, apartment house, or rooming house building or
24 dwelling house be devoted principally to and occupied for commercial purposes,
25 and the office or offices of the dealer be located on the ground floor.
26 In no event shall premises devoted principally to the business of a gasoline
27 service station be considered a "principal place of business" within the terms
28 and provisions of this title.
29 (16) "Private property open to the public" means real property not owned
30 by the federal government or the state of Idaho or any of its political subdi-
31 visions, but is available for vehicular traffic or parking by the general pub-
32 lic with the permission of the owner or agent of the real property.
33 (17) "Private road" means every way or place in private ownership and
34 used for vehicular travel by the owner and those having express or implied
35 permission from the owner, but not by other persons.
36 (18) "Proof of financial responsibility" means proof of ability to
37 respond in damages for liability, on account of accidents occurring subsequent
38 to the effective date of the proof, arising out of the ownership, maintenance
39 or use of a motor vehicle, in the amount of twenty-five thousand dollars
40 ($25,000) because of bodily injury to or death of one (1) person in any one
41 (1) accident, and, subject to the limit for one (1) person, in the amount of
42 fifty thousand dollars ($50,000) because of bodily injury to or death of two
43 (2) or more persons in any one (1) accident, and in the amount of fifteen
44 thousand dollars ($15,000) because of injury to or destruction of property of
45 others in any one (1) accident.
46 (19) "Proper authority" means a public highway agency.
47 (20) "Public highway agency" means the state transportation department,
48 any city, county, highway district or any other state agency which has juris-
49 diction over public highway systems and public rights-of-way.
50 (21) "Public right-of-way" means a right-of-way open to the public and
51 under the jurisdiction of a public highway agency, where the public highway
52 agency has no obligation to construct or maintain said right-of-way for vehic-
53 ular traffic.
54 (22) "Public road jurisdiction" means a public highway agency.
55 (23) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho
2 SECTION 5. That Section 49-121, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 49-121. DEFINITIONS -- T.
5 (1) "Temporary supplemental lot" means a location other than the princi-
6 pal place of business, or supplemental lot within the same or adjacent county
7 as the principal place of business, or where a licensed dealer
8 may secure a license to conduct the business and is licensed for a period of
9 time not to exceed ten (10) days for a specific purpose such as auto shows,
10 auctions, shopping center promotions, tent sales, etc. Temporary supplemental
11 lots shall meet all local zoning and building codes for the type of business
12 being conducted. The requirements for a principal place of business shall not
13 be applicable to temporary supplemental lot locations.
14 (2) "Tires" mean s :
15 (a) Metal. Every tire the surface of which in contact with the highway
16 is wholly or partly of metal or other hard, nonresilient material.
17 (b) Pneumatic. Every tire in which compressed air is designed to support
18 the load.
19 (c) Snow tire. Every rubber tire with tread design or material embedded
20 in the tire to improve winter traction except studded tires.
21 (d) Solid rubber. Every tire of rubber or other resilient material which
22 does not depend upon compressed air for the support of the load.
23 (e) Studded tire. Every tire with built-in lugs of tungsten carbide or
24 other suitable material designed to contact the road surface for improved
25 winter traction.
26 (3) "Traffic" means pedestrians, ridden or herded animals, vehicles,
27 streetcars and other conveyances either singly or together while using any
28 highway for purposes of travel.
29 (4) "Traffic lane" or "lane of travel" means that portion of the roadway
30 for movement of a single line of vehicles.
31 (5) "Traffic-control device" means any device, whether manually, electri-
32 cally or mechanically operated, placed or erected by authority of a public
33 body or official having jurisdiction, for the purpose of regulating, warning
34 or guiding traffic.
35 (6) "Trailer" means:
36 (a) General. Every vehicle without motive power designed for carrying
37 persons or property and for being drawn by a motor vehicle .
38 and so constructed that no part of its weight rests upon the towing
40 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as
41 a travel trailer but constructed with a raised forward section that allows
42 a bi-level floor plan. This style is designed to be towed by a vehicle
43 equipped with a device known as a fifth-wheel hitch, which is typically
44 installed in the bed of a pickup truck.
45 (c) Fold down camping trailer. A vehicular portable unit mounted on
46 wheels and constructed with collapsible partial side walls, which fold for
47 towing by another vehicle and unfold at the campsite to provide temporary
48 living quarters, for recreational, camping or travel use.
49 (d) Park trailer. A trailer designed to be towed by a motorized vehicle,
50 and of such size and weight as not to require a special highway movement
51 permit. It is designed for seasonal or temporary living quarters and may
52 be connected to utilities necessary for operation of installed fixtures
53 and appliances. It is built on a single permanent chassis and constructed
1 to permit set up by persons without special skills.
2 (e) Pole trailer. Every vehicle without motive power designed to be drawn
3 by another vehicle and attached to the towing vehicle by means of a reach
4 or pole or by being boomed or otherwise secured to the towing vehicle, and
5 ordinarily used for transporting long or irregularly shaped loads such as
6 poles, pipes, or structural members capable, generally, of sustaining
7 themselves as beams between the supporting connections.
8 (f) Semitrailer. Every vehicle without motive power, designed for carry-
9 ing persons or property and for being drawn by a motor vehicle and so con-
10 structed that some part of its weight and that of its load rests upon or
11 is carried by the towing vehicle.
12 (g) Travel trailer. A vehicular unit, mounted on wheels designed to pro-
13 vide temporary living quarters for recreational, camping, travel or emer-
14 gency use and of such size or weight as not to require special highway
15 movement permits when towed by a motorized vehicle.
16 (h) Utility trailer. (See "Utility Trailer", section 49-122, Idaho Code)
17 (7) "Transportation", for the purposes of chapter 22 of this title, means
18 the movement of any regulated quantity of hazardous material or hazardous
19 waste within, through, or to any destination in this state upon the highways
20 of this state.
21 (8) "Transporter" means every person engaged in the business of deliver-
22 ing vehicles of a type required to be registered from a manufacturing, assem-
23 bling or distributing plant to dealers or sales agents of a manufacturer,
24 except in chapter 22, where it means any person who transports a hazardous
25 material or hazardous waste within, through, or to any destination upon the
26 highways of this state.
27 (9) "Truck" means:
28 (a) Refuse/sanitation. Any vehicle designed and used solely for the pur-
29 pose of transporting refuse.
30 (b) General. Every motor vehicle exceeding eight thousand (8,000) pounds
31 gross weight designed, used or maintained primarily for the transportation
32 of property.
33 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross
34 weight or less which is designed, used or maintained primarily for the
35 transportation of property.
36 (d) Truck camper. A portable unit constructed to provide temporary living
37 quarters for recreational, travel or camping use, consisting of a roof,
38 floor, and sides, designed to be loaded onto and unloaded from the bed of
39 a pickup truck.
40 (e) Truck tractor. Every motor vehicle designed and used primarily for
41 drawing other vehicles but not so constructed as to carry a load other
42 than a part of the weight of the vehicle and load so drawn.
43 (10) "True mileage driven" means the mileage of the vehicle as registered
44 by the odometer within the manufacturer's designed tolerance.
45 SECTION 6. That Section 49-401A, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 49-401A. OWNER TO SECURE REGISTRATION FROM A COUNTY ASSESSOR OR THE
48 DEPARTMENT . -- FLEET REGISTRATION. (1) Except
49 as provided in subsection (4) of this section, e E very
50 owner of a motor vehicle, trailer or semitrailer who intends to operate the
51 vehicle upon any highway in this state shall before the same is so operated,
52 apply to a county assessor and obtain registration for vehicles in sections
53 49-402(1) through (5), 49-402A, 49-402B , 49-416(1) and 49-422,
1 Idaho Code. All others shall be obtained from the department except as pro-
2 vided in subsection (2) of this section. Owners of vehicles specified in sec-
3 tion 49-426, Idaho Code, are exempt from the provisions of this section.
4 Owners of vehicles operating on a temporary basis as provided in sections
5 49-431(3), 49-432 and 49-433, Idaho Code, are exempt from the provisions of
6 this section to the extent that the temporary permits in use are unexpired.
7 (2) Commercial vehicles in excess of twenty-six thousand (26,000) pounds
8 gross weight, farm and noncommercial vehicles in excess of sixty thousand
9 (60,000) pounds gross weight and all vehicles registered under section 49-435,
10 Idaho Code, shall be registered by the department. Except as provided in
11 subsection (4) of this section, a A ll other commercial,
12 farm and noncommercial vehicles and the vehicles in paragraphs (a), (b), and
13 (c) of this subsection , shall be registered by the county asses-
15 (a) Motor vehicles equipped primarily to haul passengers on a commercial
16 basis, doing strictly an intrastate business, and having gross weights of
17 twenty- four six thousand (2 4 6
18 ,000) pounds or less.
19 (b) Any farm vehicle or combination of vehicles where each vehicle or
20 combination of vehicles shall not exceed a gross weight of sixty thousand
21 (60,000) pounds.
22 (c) Nonresident vehicles or combination of vehicles owned by transient
23 labor used in hauling unprocessed agricultural products for hire and not
24 exceeding sixty thousand (60,000) pounds gross weight shall register their
25 vehicle for the appropriate gross weight scale for the annual fee if reg-
26 istered on or before June 30, and for one-half (1/2) the annual fee if not
27 registered until on or after July 1 of any year, with the assessor of the
28 county in which the owner resides.
29 (3) Except as provided in subsection (4) of this section, c
30 C ommercial, farm and noncommercial vehicles of any weight
31 doing strictly an intrastate business may be registered by the county assessor
32 by mutual agreement between the department and the county.
33 (4) (a) Every person having a fleet of ten (10) or more commercial
34 vehicles, noncommercial vehicles or farm vehicles, or any combination
35 thereof, required to be registered pursuant to this title may elect to
36 register such vehicles with the department as a fleet by filing an appli-
37 cation with the department which shall contain a description and identifi-
38 cation of each vehicle in the fleet which is to be operated in this state
39 during the registration year for which registration is requested; and, as
40 determined by the department, the vehicle unit number of each such vehicle
41 as assigned by the fleet operator, and such other information pertinent to
42 vehicle registration as the department may require.
43 (b) The department shall determine the total amount necessary to register
44 each and every vehicle for which registration is requested pursuant to
45 this subsection based on the regular annual fees prescribed for such vehi-
46 cle pursuant to this title.
47 (c) A registration card shall be issued for each registered vehicle
48 appropriately identifying it, which card shall be carried in or upon the
49 vehicle identified at all times.
50 (d) Vehicles acquired and added to the fleet after the commencement of
51 the registration year and which require registration shall be registered
52 upon payment of the annual fee if registered within the first six (6)
53 month period during which the fleet is annually registered and one-half
54 (1/2) the annual fee if registered after the first six (6) month period
55 during which the fleet is annually registered. If any vehicle is withdrawn
1 from the fleet during the period for which it is registered, the fleet
2 operator shall so notify the department on appropriate forms to be pre-
3 scribed by the department. The department may require the surrender to the
4 department of registration cards and other identification devices which
5 have been issued with respect to the vehicle as the department may deem
7 (e) The registration period for vehicles registered pursuant to this sub-
8 section shall be for a twelve (12) month period. Vehicles may be initially
9 registered for less than a twelve (12) month period, or for more than a
10 twelve (12) month period, and the fee prorated on a monthly basis if the
11 fractional registration tends to fulfill the purpose of this subsection.
12 (f) The term "fleet" as used in this subsection shall mean a group of
13 vehicles owned by or operated under the unified control of one (1) person.
15 SECTION 7. That Section 49-401B, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 49-401B. APPLICATION FOR REGISTRATION -- RECEIPT FOR FEE -- RECORD OF
18 APPLICANTS. (1) Application for the registration of a vehicle required to be
19 registered under the provisions of section 49-401A, Idaho Code, shall be made
20 to the assessor or the department as specified in that section, by the owner
21 upon the appropriate form. Every application shall be signed by the owner and
22 contain his residence address and a brief description of the vehicle to be
23 registered, including the name of the maker, the type of fuel used, and the
24 identification number. Upon registration of a new vehicle, the application
25 shall also show the date of sale by the manufacturer or dealer to the person
26 first operating such vehicle. The application shall contain any other informa-
27 tion as may be required by the department. The assessor shall issue to the
28 applicant a receipt for any fee paid , and shall forward to the depart-
29 ment a duplicate copy of that receipt .
30 (2) The assessor shall record on a form prescribed and furnished by the
31 department, the names of all owners of vehicles residing in the county who
32 make application for registration, together with the amounts of the fees paid
33 by such owners.
34 (3) When application for registration is made by any motor carrier as
35 defined in section 61-801, Idaho Code, or by any interstate carrier as defined
36 in section 61-801A, Idaho Code, the assessor or the department shall require
37 each such applicant to exhibit a receipt for the payment of the regulatory fee
38 required of any motor carrier by section 61-811, Idaho Code, or evidence of
39 the payment of the registration fee of any interstate carrier required by sec-
40 tion 61-802B and section 61-812, Idaho Code. The number and the amount paid
41 shall be noted on the application. Pursuant to the authority and duty pro-
42 vided in section 61-811A, Idaho Code, each assessor and the department, shall
43 when the regulatory fees of motor carriers and the registration fees of inter-
44 state carriers have not been paid prior to registration, collect such regula-
45 tory fees for the public utilities commission. Each assessor and the depart-
46 ment shall monthly submit a list of all carriers paying fees and remit monthly
47 all fees to the Idaho public utilities commission no later than the tenth day
48 of each month following collection.
49 (4) Vehicles registered under the proportional registration provisions of
50 section 49-435, Idaho Code, shall be registered by the department.
51 (5) Every owner of a vehicle registered by a county assessor shall give
52 his principal residence or domicle domicile address
53 to the assessor so that the proper county can be entered upon the registra-
1 tion. Failure to do so shall be unlawful. The department shall then attribute
2 the registration, and all fees to be apportioned to the highway distribution
3 account, to the county of residence regardless of the county in which the reg-
4 istration occurred. Fees imposed under the provisions of sections 40-827 and
5 40-1416, Idaho Code, shall be separately identified and accounted for, and
6 paid to the highway district for which collected. For the purposes of vehicle
7 registration, a person is an actual and permanent resident of the county in
8 which he has his principal residence or domicile. A principal residence or
9 domicile shall not be a person's workplace, vacation, or part -
10 time residence.
11 (6) A violation of the provisions of this section shall be an infraction.
12 SECTION 8. That Section 49-402, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
15 truck and each other motor vehicle having a maximum gross weight not in excess
16 of eight thousand (8,000) pounds, designed for the purpose of carrying passen-
17 gers and not used for hire shall be:
18 Vehicles one (1) and two (2) years old ............................ $48.00
19 Of the registration fees collected for vehicles one (1) and two (2) years
20 old, $36.48 shall be deposited to the highway distribution account and
21 $11.52 shall be deposited to the restricted highway fund.
22 Vehicles three (3) and four (4) years old ......................... $36.00
23 Of the registration fees collected for vehicles three (3) and four (4)
24 years old, $33.48 shall be deposited to the highway distribution account
25 and $2.52 shall be deposited to the restricted highway fund.
26 Vehicles five (5) and six (6) years old ........................... $36.00
27 Of the registration fees collected for vehicles five (5) and six (6) years
28 old, $26.28 shall be deposited to the highway distribution account and
29 $9.72 shall be deposited to the restricted highway fund.
30 Vehicles seven (7) and eight (8) years old ........................ $24.00
31 Of the registration fees collected for vehicles seven (7) and eight (8)
32 years old, $22.68 shall be deposited to the highway distribution account
33 and $1.32 shall be deposited to the restricted highway fund.
34 Vehicles over eight (8) years old ................................. $24.00
35 Of the registration fees collected for vehicles over eight (8) years old,
36 $16.08 shall be deposited to the highway distribution account and $7.92
37 shall be deposited to the restricted highway fund.
38 There shall be twelve (12) registration periods, starting in January for
39 holders of validation registration stickers numbered 1, and proceeding consec-
40 utively through December for holders of validation registration stickers num-
41 bered 12, each of which shall start on the first day of a calendar month and
42 end on the last day of the twelfth month from the first day of the beginning
43 month. Registration periods shall expire midnight on the last day of the reg-
44 istration period in the year designated by the validation registration
45 sticker. The numeral digit on the validation registration stickers shall, as
46 does the registration card, fix the registration period under the staggered
47 plate system of Idaho for the purpose of reregistration and notice of expira-
49 A vehicle that has once been registered for any of the above designated
50 periods shall, upon reregistration, be registered for the period bearing the
51 same number, and the registration card shall show and be the exclusive proof
52 of the expiration date of registration and licensing. Vehicles may be ini-
53 tially registered for less than a twelve (12) month period, or for more than a
1 twelve (12) month period, and the fee prorated on a monthly basis if the frac-
2 tional registration tends to fulfill the purpose of the monthly series regis-
3 tration system.
4 (2) For all motor vehicles equipped to carry passengers and operated pri-
5 marily for hire exclusively within the limits of an incorporated city and
6 adjacent thereto, when the service outside the city is a part of a regular
7 service rendered inside the city, and for school buses operated either by a
8 nonprofit, nonpublic school or operated pursuant to a service contract with a
9 school district for transporting children to or from school or in connection
10 with school approved activities, the annual fee shall be twelve dollars and
11 forty-eight cents ($12.48).
12 (3) For all hearses, ambulances and wreckers the annual fee shall be
13 twenty-nine dollars and forty cents ($29.40), and these vehicles shall bear
14 passenger car plates. No operator of a hearse, ambulance, or wrecker shall be
15 entitled to operate them by virtue of any dealer's license that may have been
16 issued under the provisions of this chapter.
17 (4) For all motorcycles and all-terrain vehicles the annual fee shall be
18 nine dollars ($9.00). For operation of an ATV off the public highways, the fee
19 specified in section 67-7122, Idaho Code, shall also be paid. Registra-
20 tion exemptions provided in section 49-426(2), Idaho Code, apply to all-
21 terrain vehicles and motorcycles used for the purposes described in that sub-
22 section (2).
23 (5) For all motor homes the fee shall be as specified in subsection (1)
24 of this section and shall be in addition to the fees provided for in section
25 49-445, Idaho Code.
26 (6) Registration fees shall not be subject to refund.
27 (7) A financial institution or repossession service contracted to a
28 financial institution repossessing vehicles under the terms of a security
29 agreement shall move the vehicle from the place of repossession to the finan-
30 cial institution's place of business on a repossession plate. The repossession
31 plate shall also be used for demonstrating the vehicle to a prospective pur-
32 chaser for a period not to exceed ninety-six (96) hours. The registration fees
33 for repossession plates shall be as required in subsection (1) of this section
34 for a vehicle one (1) and two (2) years old. All other fees required under
35 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
36 The repossession plate shall be issued on an annual basis by the department.
37 (8) In addition to the annual registration fee in this section, there
38 shall be an initial program fee of twenty-five dollars ($25.00) and an annual
39 program fee of fifteen dollars ($15.00) for all special license plate programs
40 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408,
41 49-409, 49-414, 49-416 and 49-418, Idaho Code. For special plates issued pur-
42 suant to sections 49-406 and 49-406A, Idaho Code, there shall be an initial
43 program fee of twenty-five dollars ($25.00) but there shall be no annual
44 renewal fee. For special plates issued pursuant to sections 49-417 and
45 49-417A, Idaho Code, there shall be an initial program fee of thirty-five dol-
46 lars ($35.00) and an annual program fee of twenty-five dollars ($25.00). The
47 fees contained in this subsection shall be applicable to all new special plate
48 programs. The initial program fee and the annual program fee shall be depos-
49 ited in the state highway account and shall be used to fund the cost of admin-
50 istration of special license plate programs which are provided to the public
51 as a personal alternative to the standard license plate requirements.
52 SECTION 9. That Section 49-428, Idaho Code, be, and the same is hereby
53 amended to read as follows:
1 49-428. DISPLAY OF PLATE AND STICKERS. (1) License plates assigned to a
2 motor vehicle , other than a motorcycle, all terrain vehicle, trailer, or
3 semitrailer, and other than the license plate assigned to a motor vehicle
4 operated by a manufacturer, repossession agent or dealer, shall be
5 attached, one in the front and the other in the rear . , with
6 the exception of the following:
7 (a) The license plate assigned to a motorcycle, all -
8 terrain vehicle or semitrailer and the license plate assigned to a
9 motor vehicle operated by a manufacturer, repossession agent or dealer
10 shall be attached to the rear.
11 (b) Vehicles displaying year of manufacture, old timer, classic car or
12 street rod license plates shall be allowed to display one (1) plate
13 attached to the rear of the vehicle.
14 (c) The license plate attached to a tractor shall be
15 attached to the front.
16 License plates shall be displayed during the current registration year. The
17 annual registration sticker for the current registration year shall be dis-
18 played on each license plate , except for trailers and semitrailers on
19 extended registration under the provisions of section 49-434, Idaho Code
20 . For the purposes of this title, the license plates together with the
21 registration stickers shall be considered as license plates for the year des-
22 ignated on the registration sticker.
23 (2) Every license plate shall at all times be securely fastened to the
24 vehicle to which it is assigned to prevent the plate from swinging, be at a
25 height not less than twelve (12) inches from the ground, measuring from the
26 bottom of the plate, be in a place and position to be clearly visible, and
27 shall be maintained free from foreign materials and in a condition to be
28 clearly legible, and all registration stickers shall be securely attached to
29 the license plates and shall be displayed as provided in section 49-443(
30 5 4 ), Idaho Code.
31 SECTION 10. That Section 49-429, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 49-429. DISPLAY OF COPY OF APPLICATION PENDING RECEIPT OF LICENSE PLATE.
34 Upon the When an owner chooses to display special license
35 plates, upon payment of required fees by the owner of a vehicle
36 the assessor or department or the assessor
37 shall issue to the applicant a copy of the application. The copy must be dis-
38 played in a suitable place on the windshield rear window
39 of a motor vehicle, or if for a trailer or semi-
40 trailer, then transported in the motor vehicle drawing such trailer or semi-
41 trailer motorcycle, displayed on the motorcycle . The copy
42 shall constitute compliance with the provisions of this chapter until such
43 time as the license plates are received from the department. The copy of the
44 application shall not have any value as compliance with the provisions of this
45 chapter from and after the receipt of the license plates from the department.
46 SECTION 11. That Section 49-434, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 49-434. OPERATING FEES. (1) There shall be paid on all commercial vehi-
49 cles, noncommercial vehicles, and on all farm vehicles having a maximum gross
50 weight not in excess of sixty thousand (60,000) pounds, an annual registration
51 fee in accordance with the following schedule.
1 Maximum Gross Weight Anuual Reigstration Annual Regis-
2 tration Fee
3 (Pounds) Noncommercial and Commercial
4 Farm Vehicles Vehicles
5 8,001-16,000 inc. .............................$ 31.08 $ 30.60
6 16,001-26,000 inc. ............................. 61.08 143.40
7 26,001-30,000 inc. ............................. 91.68 223.80
8 30,001-40,000 inc. ............................. 130.08 291.60
9 40,001-50,000 inc. ............................. 188.28 360.00
10 50,001-60,000 inc. ............................. 311.88 515.40
11 (2) There shall be paid on all commercial vehicles, irrespective of body
12 type, and on all farm vehicles having a maximum gross weight in excess of
13 sixty thousand (60,000) pounds, an annual registration fee in the amount of
14 one hundred twenty dollars ($120).
15 (3) In addition, an the annual registration fee
16 for trailers shall be : required for each
18 (a) t T railer or semitrailer in a
19 combination of vehicles in the amount of fifteen dollars
20 .......................... ( $15.00 ).
21 (b) Rental utility trailer with a gross weight of two thousand
22 (2,000) pounds or less .......................................$8.00
23 (c) Rental utility trailer with a gross weight over two thousand
24 (2,000) pounds ..............................................$15.00
25 (4) As an option to the trailer and semitrailer annual reg-
26 istration, the department may provide extended registration.
27 (a) For trailers and semitrailers, t T he
28 optional extended-registration period shall not extend beyond seven (7)
30 (b) The fee shall be fifteen dollars ($15.00) for each year.
31 (c) The license plate originally issued shall remain on the trailer or
32 semitrailer until the registration expires.
33 (d) The registration document shall be the official record of the
34 status of the extended registration. No pressure-sensitive validation
35 sticker shall be required.
36 (e) For rental utility trailers, the optional registration period shall
37 not extend beyond five (5) years. The fee shall be as specified in subsec-
38 tion (3)(b) or (c) of this section. A pressure-sensitive sticker shall be
39 used to validate the license plate. The license plate shall become void if
40 the owner's interest in the rental utility trailer changes during the five
41 (5) year period. If the owner fails to enter the rental utility trailer on
42 the annual renewal application during the five (5) year period, the regis-
43 tration record shall be purged. Any unrenewed plate shall be returned to
44 the department if it is not entered on the renewal application.
45 (5) A fleet registration option is available to owners who have twenty-
46 five (25) or more commercial or farm vehicles or any combination thereof. Such
47 owners may register all of their company vehicles with the department in lieu
48 of registering with a county assessor. To qualify the fleet must be owned and
49 operated under the unified control of one (1) person and the vehicles must be
50 physically garaged and maintained in two (2) or more counties. Fleet registra-
51 tion shall not include fleets of rental vehicles. The department shall provide
52 a registration application to the owner and the owner shall provide all infor-
53 mation that the department determines is necessary. The department shall
54 devise a special license plate numbering system for fleet-registered vehicles
55 as an alternative to county license plates. The fleet registration application
1 and all subsequent registration renewals shall include the physical address
2 where a vehicle is principally used, garaged and maintained. The fleet owner
3 shall report the physical address to the department upon initial registration,
4 on each renewal, and at any time a vehicle registered under this option is
5 permanently transferred to another location.
6 (6) If the ownership of a trailer or semitrailer
7 vehicle changes during the extended- registration
8 period, the original owner may transfer the plate to another vehicle. The
9 remaining fee shall be credited against the cost of the new registration. No
10 refunds shall be given for any unexpired portion of the trailer or semi-
11 trailer vehicle registration fee if the plate is not
12 transferred by the owner to another trailer vehicle .
13 A n extended license plate shall not be transferred
14 to another owner when the ownership of a trailer or semitrailer
15 vehicle changes.
16 (e) A sticker validating the extended registration shall be affixed
17 to the license plate. The owner shall obtain a replacement plate,
18 validation sticker if required, and a registration document
19 from the department when a plate is lost, destroyed or
20 becomes illegible.
21 (4) An annual registration fee of eight dollars ($8.00) shall be
22 required for each rental utility trailer having a maximum laden or gross
23 weight of up to two thousand (2,000) pounds, or fifteen dollars ($15.00) for
24 each rental utility trailer having a maximum laden or gross weight in excess
25 of two thousand (2,000) pounds.
26 (a) For a fee of eight dollars ($8.00) or fifteen dollars ($15.00) per
27 year, as applicable, for each rental utility trailer, the department may
28 issue a rental utility trailer license plate that shall remain valid for a
29 period of five (5) years.
30 (b) The license plate shall become void if the owner's interest in the
31 rental utility trailer changes during the five (5) year period.
32 (c) If the owner fails to enter the rental utility trailer on the annual
33 renewal application during the five (5) year period, the registration
34 record shall be purged. Any unrenewed, unexpired plate shall be returned
35 to the department if it is not entered on the renewal application.
36 ( 5 7 ) An administrative fee of four dollars
37 ($4.00) shall be paid and deposited to the state highway account on all regis-
38 trations completed by the department under this section.
39 ( 6 8 ) In addition to the registration and
40 license fees provided by subsections (1) and (2) of this section, there shall
41 be paid on all commercial vehicles having a maximum gross weight in excess of
42 sixty thousand (60,000) pounds, a use fee based upon the registered maximum
43 gross weight in accordance with the following schedule. The use fees shall be
44 calculated by multiplying the mills per mile, determined from the mills per
45 mile schedule table, times the reported mileage for the vehicle, subject to
46 the provisions of this section.
47 Maximum Gross
48 Weight of Vehicle Mills per Mile
50 60,001-62,000 30.05
51 62,001-64,000 31.35
52 64,001-66,000 32.60
53 66,001-68,000 33.90
54 68,001-70,000 35.15
55 70,001-72,000 36.40
1 72,001-74,000 38.55
2 74,001-76,000 40.65
3 76,001-78,000 42.75
4 78,001-80,000 44.90
5 80,001-82,000 47.00
6 82,001-84,000 49.10
7 84,001-86,000 51.20
8 86,001-88,000 53.30
9 88,001-90,000 55.40
10 90,001-92,000 57.50
11 92,001-94,000 59.60
12 94,001-96,000 61.70
13 96,001-98,000 63.80
14 98,001-100,000 65.90
15 100,001-102,000 68.00
16 102,001-104,000 70.10
17 104,001-106,000 72.20
18 For each additional two thousand (2,000) pounds or fraction thereof in excess
19 of one hundred six thousand (106,000) pounds add 2.1 mills per mile.
20 ( 7 9 ) In addition to the registration and
21 license fees of this section, there shall be paid on all farm vehicles, and
22 any commercial vehicle exclusively engaged in the transportation of logs, pulp
23 wood, stull, poles, piling, rough lumber, ores, ore concentrates, sand and
24 gravel aggregates in bulk, livestock and vehicles used for the sole purpose of
25 transporting milk from the farm to processing plant, having a maximum gross
26 weight in excess of sixty thousand (60,000) pounds, a use fee in accordance
27 with the following schedule. The use fees shall be calculated by multiplying
28 the mills per mile, determined from the mills per mile schedule table, times
29 the reported mileage for the vehicle, subject to the provisions of this sec-
31 Maximum Gross
32 Weight of Vehicle Mills per Mile
34 60,001-62,000 22.45
35 62,001-64,000 22.45
36 64,001-66,000 22.45
37 66,001-68,000 22.45
38 68,001-70,000 22.45
39 70,001-72,000 22.45
40 72,001-74,000 22.45
41 74,001-76,000 22.45
42 76,001-78,000 22.45
43 78,001-80,000 22.45
44 80,001-82,000 24.55
45 82,001-84,000 26.65
46 84,001-86,000 28.75
47 86,001-88,000 30.85
48 88,001-90,000 32.95
49 90,001-92,000 35.05
50 92,001-94,000 37.15
51 94,001-96,000 39.25
52 96,001-98,000 41.35
53 98,001-100,000 43.45
54 100,001-102,000 45.55
55 102,001-104,000 47.65
1 104,001-106,000 49.75
2 For each additional two thousand (2,000) pounds or fraction thereof in excess
3 of one hundred six thousand (106,000) pounds add 2.1 mills per mile.
4 ( 8 10 ) If any vehicle, or combinations of vehi-
5 cles move on the highways of the state, and the vehicle or combination exceeds
6 its registered maximum gross weight there shall be paid for that vehicle, the
7 fees provided for in either subsection ( 6 8 ) or
8 ( 7 9 ) of this section, as applicable, for the actual
9 gross weight of the vehicle or combination of vehicles for the miles traveled
10 at the heavier weight.
11 ( 9 11 ) If any vehicle or combinations of vehicles
12 haul nonreducible loads, as authorized under the provisions of section
13 49-1004, Idaho Code, then and in that event there shall be paid for that vehi-
14 cle, in addition to the other fees required in this section, an additional use
15 fee of 2.1 mills per mile for each two thousand (2,000) pounds or fraction
16 thereof of the maximum gross weight in excess of those set forth in section
17 49-1001, Idaho Code.
18 (1 0 2 ) Any owner operating vehicle combinations
19 may apply to the department for authority to report multiple weights and pay
20 use fees based upon the maximum gross weight of each configuration in the com-
21 bination being operated. The owner shall declare a maximum gross weight for
22 each configuration being operated but not more than three (3) maximum gross
23 weights for a vehicle combination may be declared. Any owner who receives
24 authority to report and pay use fees at multiple maximum gross weights shall
25 register the motor vehicle in a combination at the highest maximum gross
26 weight of the vehicle. Any owner who reports vehicle combinations at multiple
27 weights and fails to maintain records and furnish said records to the depart-
28 ment upon request which show the configuration of the combination of vehicles
29 and the trailer and unit number for all miles and trip segments traveled shall
30 have all miles assessed at the highest maximum gross weight of the combination
31 of vehicles.
32 (1 1 3 ) An applicant for registration of a com-
33 mercial vehicle, a noncommercial vehicle or a farm vehicle shall set forth the
34 maximum gross weight of the vehicle or combination of vehicles and the appli-
35 cant shall pay any annual registration fees and any annual license fees on
36 trailers and semitrailers required at the time he makes application for regis-
37 tration subject to the provisions of subsections (1) , and
38 (2) , (3) and (4) of this section. No part of the registra-
39 tion or license fees shall be subject to refund. The use fee payment required
40 shall be computed according to the schedule in either subsection ( 6
41 8 ) or ( 7 9 ) of this section on the
42 mileage operated over the highways of the state of Idaho and the owner of any
43 vehicle against which a use fee is assessed, shall at the time of making his
44 next quarterly report pay the use fee, if any, for the three (3) calendar
45 months immediately prior. In determining the mileage subject to the use fee,
46 there shall be deducted the miles traveled on roadways maintained with private
47 funds by agreement with the public agency or agencies having jurisdiction over
48 them. In no event shall the total money credited to the owner for the mileage
49 exceed the actual cost of maintenance expended by him.
50 (1 2 4 ) Any owner who operates or intends to
51 operate non-Idaho based vehicles in Idaho that are subject to the use fee
52 required under the provisions of this section shall apply for a use fee
53 account before operating the vehicles in Idaho. In lieu of establishing a use
54 fee account the owner may purchase a trip permit under the provisions of sec-
55 tion 49-432 or 49-433, Idaho Code, as applicable. The department shall develop
1 rules to administer the use fee account. Any owner who has not established a
2 use fee account or has not purchased a trip permit prior to operating in Idaho
3 shall have committed an infraction.
4 SECTION 12. That Section 49-434A, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 49-434A. PENALTIES FOR FAILURE TO PAY OPERATING FEES. Any motor vehicle
7 or combination of vehicles owned by a nonresident and operated in Idaho for
8 which the proper registration and operating fees in Idaho have not been paid
9 under the provisions of section 49-432, 49-433, 49-434 (5) or
10 49-435, Idaho Code, shall, upon discovery, be subject to the following penal-
12 Seizure and detention for up to seventy-two (72) hours by any law enforce-
13 ment agency or port of entry personnel of the vehicle and its entire cargo if
14 the cargo does not consist of perishable food products or livestock;
15 (1) Release from detention shall be accomplished only by presentation of
16 proper evidence that the applicable fees have been paid; or
17 (2) Off-loading of any cargo onto a properly licensed and registered
19 SECTION 13. That Section 49-436, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 49-436. QUARTERLY REPORTS -- MAINTAINING RECORDS -- PENALTIES -- DEPOSIT
22 OR BOND TO SECURE PAYMENT OF FEES -- APPEAL. (1) Not later than the last day
23 of April, and on the last day of each third calendar month thereafter, each
24 owner of a commercial or farm vehicle having a maximum combined gross weight
25 in excess of sixty thousand (60,000) pounds, shall file with the department a
26 statement of the gross miles each vehicle has traveled over the highways of
27 the state of Idaho for the preceding calendar months of the year for which
28 that report is made. Each report shall be cumulative of all miles traveled
29 during all calendar months in that year for which the report is made.
30 (2) Every owner whose fees are computed as specified in section 49-434,
31 Idaho Code, shall maintain records and permit the department to inspect the
32 records upon request to substantiate the following:
33 (a) The actual miles traveled over Idaho highways.
34 (b) Identification of the commodities hauled if using the schedule in
35 section 49-434( 5 9 ), Idaho Code.
36 (c) Reporting at multiple weights pursuant to section 49-434, Idaho Code.
37 (d) If an owner registers a vehicle or combination of vehicles at a
38 weight in excess of sixty thousand (60,000) pounds and the registered max-
39 imum gross weight is less than the weight allowable under the provisions
40 of section 49-1001, Idaho Code, for that vehicle or combination of vehi-
41 cles, then the owner must maintain and provide to the department on demand
42 records of the vehicle or combination of vehicles actual gross weight and
43 the configuration of the combination of vehicles for all miles traveled.
44 If the owner fails to maintain and produce such records then all miles for
45 the vehicle or combination of vehicles will be assessed at the highest
46 weight the vehicle or combination of vehicles could legally operate pursu-
47 ant to section 49-1001, Idaho Code. If an owner registers a vehicle or
48 combination of vehicles at a weight in excess of sixty thousand (60,000)
49 pounds and the registered maximum gross weight is equal to or exceeds the
50 weight allowable under the provisions of section 49-1001, Idaho Code, for
51 that vehicle or combination of vehicles then the owner is not required to
1 maintain actual gross weight records of the vehicle or combination of
2 vehicles. Owners may voluntarily report quarterly the weight hauled in
3 excess of registered maximum gross weight and may pay use fees for such
4 voluntarily reported weight without penalty.
5 (e) Overweight travel authorization fees as set forth in section 49-1001,
6 Idaho Code, shall be remitted quarterly.
7 (3) When the records are maintained outside this state by owners engaged
8 in transportation in this state, the owner shall reimburse the department for
9 reasonable expenses incurred by the department in making audits of those
10 records and accounts at the out-of-state location. The owner or the department
11 may request that the records be presented at a place within the state desig-
12 nated by the department. The records must be presented by a representative of
13 the owner familiar with the records and who is responsible for the safekeeping
14 of the records. Every owner is required to maintain records for four (4) years
15 from the due date of the quarterly report unless the department and the owner
16 agree in writing to shorten or lengthen the time period. The amount of fees
17 imposed in this chapter shall be assessed within four (4) years after the due
18 date of the quarterly report unless the department and owner agree in writing
19 to lengthen the time period. If an assessment has been made, such fees may be
20 collected by a proceeding in court within a period of three (3) years after
21 the assessment or a final order entered pursuant to subsection (10) of this
23 (4) Owners of commercial and farm vehicles using the registration fee
24 schedules in section 49-434(1), Idaho Code, are subject to audit to determine
25 if the proper schedule is being used. If the weight classification being used
26 is found to be understated, the difference between the registration fees paid
27 and the registration fees due will become due and payable. If the vehicles are
28 found to be operating in excess of sixty thousand (60,000) pounds gross
29 weight, the difference between the registration fees paid under section
30 49-434(1), Idaho Code, and the amount that would have been due under the use
31 fee schedule in section 49-434( 4 8 ) or ( 5
32 9 ), Idaho Code, will be determined and the balance due, if
33 any, will be collected. If an owner registers a vehicle or combination of
34 vehicles at a weight less than the weight allowable under the provisions of
35 section 49-1001, Idaho Code, for that vehicle or combination of vehicles then
36 the owner must maintain vehicle gross weight records in addition to the mile-
37 age records and allow the department to inspect the vehicle gross weight and
38 mileage records.
39 (5) Owners using the use fee schedules in section 49-434( 4
40 8 ) and ( 5 9 ), Idaho Code, are sub-
41 ject to audit to determine if the proper use fee schedule and weight classifi-
42 cation is being used and if all miles traveled on Idaho highways have been
43 reported. If the operating weight, as determined from citations issued for
44 exceeding weight limitations specified in title 49, Idaho Code, exceeds the
45 registered maximum gross weight, the additional use fees for the miles
46 traveled at the heavier weight, if not already paid, shall become due and pay-
48 (6) An owner who fails to maintain records as required by the provisions
49 of this section may have the registration of all vehicles registered under
50 sections 49-434 and 49-435, Idaho Code, suspended until such time as adequate
51 records as required by the provisions of this section are provided. In the
52 event that the owner does not produce records, the department may make an
53 assessment of fees due based on an estimate of the operation. The department
54 shall promulgate rules specifying the methodology used to determine an assess-
55 ment based on an estimate of the operation. There shall be added to every such
1 estimated assessment a penalty of two percent (2%) per month or fraction
2 thereof after the report was required to be filed or the fee became due up to
3 a maximum penalty of thirty-six percent (36%) of the fee due. Upon payment of
4 the estimated assessment and all other fees due and owing including the rein-
5 statement fee the owner's registration shall be reinstated.
6 (7) An owner who fails to file any reports or pay any fees or penalties
7 due is subject to suspension of their vehicle registrations. An order suspend-
8 ing the vehicle registrations shall be mailed to the owner upon discovery of
9 the deficiency by the department. The suspension shall be lifted if the
10 reports are filed and the payments due are made, along with a reinstatement
11 fee of forty dollars ($40.00) per carrier within fifteen (15) days after
12 receipt of the suspension order. The reinstatement fees shall be deposited to
13 the state highway account. The owner shall have the right to appeal the sus-
14 pension by petitioning the department for a hearing within ten (10) days after
15 receipt of the suspension order. If the suspension is set aside the reinstate-
16 ment fee shall not be due.
17 (8) An owner failing to file a mileage report or pay any fee due within
18 the time required as specified in this section, shall in addition to the
19 amount of the fee pay a penalty of ten percent (10%) of the amount of fee
20 determined to be due, plus the interest of one percent (1%) of the amount of
21 the use fees due for each month or fraction thereof after the report was
22 required to be filed or the fee became due, but the department may remit all
23 or any part of the penalty and interest if satisfied that the delay was excus-
24 able. The department shall promulgate rules specifying when the penalty may be
25 held in abeyance or forgiven.
26 (9) (a) If the department finds it necessary in order to ensure the col-
27 lection of any fees or penalties imposed upon an owner, it may at the time
28 and as a condition of granting a registration or to reinstate a registra-
29 tion require an owner to deposit and keep on deposit with the department a
30 sum equal to the estimated fees computed under the schedule in section
31 49-434, Idaho Code, for a period of not to exceed three (3) months. In
32 determining the necessity for an applicant or owner to maintain a deposit
33 the department shall consider the applicant or owner's financial capabil-
34 ity and responsibility and prior experience, if any, in collecting fees or
35 penalties from the applicant, owner or any person having a substantial
36 interest or control, directly or indirectly, in or over the operations
37 conducted or to be conducted under the registration.
38 (b) The department may accept in lieu of a deposit a bond to secure pay-
39 ment of sums payable by the owner. The total amount of the deposit or bond
40 shall be determined by the department in a manner as it shall deem proper,
41 taking into account the nature and scope of the owner's operations. The
42 amount may be increased or reduced at any time.
43 (c) If an owner ceases to be registered under the provisions of this
44 chapter, the department, upon receipt of all payments due, shall refund to
45 the owner all deposits remaining to the owner's credit and shall release
46 the surety on any bond given under this section.
47 (d) Any applicant or owner required to make a deposit to secure the pay-
48 ment of fees or penalties may by proper petition demand a hearing on the
49 necessity of the deposit or the reasonableness of the amount required. A
50 hearing shall be granted and held within ten (10) days after the demand.
51 The decision of the director shall become final ten (10) days after ser-
52 vice of the order upon the applicant or owner concerned. Notice shall be
53 served personally or by certified mail addressed to the applicant or owner
54 at his address as it appears in the records of the department. An appeal
55 may be taken from any decision of the department as from the decision of
1 the magistrate's division to the district court.
2 (10) An owner wishing to contest an assessment made by the department may
3 within thirty (30) days from receipt of the assessment file an appeal with the
4 department. Upon receipt of an appeal the director or his authorized represen-
5 tative shall schedule an informal conference between the owner and a represen-
6 tative of the department. The informal conference must be conducted within
7 twenty (20) days from the date of receipt of notice of intent to appeal from
8 the owner. The owner and the representative of the department shall reduce all
9 conclusions, agreements and decisions to writing, if an informal conference is
10 held, but attendance at and participation in the informal conference is at the
11 option of the owner. If an informal conference is held, the written report of
12 the results of that conference shall be provided to the director within ten
13 (10) days. If the results of the informal conference are not satisfactory to
14 the owner, he may continue with the appeal by informing the director in writ-
15 ing, and the director or his authorized representative shall appoint a hearing
16 officer to conduct a contested case hearing in accordance with chapter 52,
17 title 67, Idaho Code. The hearing officer may subpoena witnesses and evidence
18 and administer oaths. The hearing officer shall prepare written findings of
19 fact and conclusions of law for the director or his authorized representative.
20 Upon receipt of findings of fact and conclusions of law the director or his
21 authorized representative shall issue a final order affirming, modifying or
22 reversing the original assessment. All final orders rendered by the director
23 or his authorized representative shall be appealable in accordance with chap-
24 ter 52, title 67, Idaho Code.
25 SECTION 14. That Section 49-437, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 49-437. INCREASE IN MAXIMUM GROSS WEIGHT -- FEES FOR REMAINING PORTION OF
28 YEAR. (1) When a motor vehicle , trailer or semitrailer reg-
29 istered under section 49-434 or 49-435, Idaho Code, has once been reg-
30 istered under the provisions of this chapter and during the year
31 of that registration engages in operations increasing
32 increases the maximum gross weight , for which that
33 vehicle was registered and requiring additional fees, the owner of the vehicle
34 shall be credited with the amount already paid toward the account of the
35 higher fee or fees. When the initial registration is made before August 1st
36 and the increase in gross weight is also made before August 1st, the applicant
37 shall pay the full amount of the additional fees computed as of the original
38 registration date; if the increase is made between August 1st and November
39 1st, one-half (1/2) of the additional fees shall be paid; and if the increase
40 is made after November 1st, one-fourth (1/4) of such additional fees shall be
41 paid. When the initial registration is made between August 1st and November
42 1st, and the increase in gross weight is made before November 1st, the appli-
43 cant shall pay the full amount of such additional fees computed as of the ini-
44 tial registration date; if the increase is made after November 1st, one-half
45 (1/2) of such additional fees shall be paid. When the initial registration is
46 made after November 1st the applicant shall pay the full amount of such addi-
47 tional fees computed as of the initial registration date the
48 higher fee due for the weight increase shall be offset by the fee already
49 paid. The fee already paid and the fee due shall be prorated by one-twelfth
50 (1/12) for each month already expired in the registration year. The difference
51 between the two (2) fees shall be the balance due for the remainder of the
52 registration year. If an owner decreases the weight during a registration
53 year, the weight decrease shall not result in a refund of the fees already
1 paid .
2 (2) If a motor vehicle , trailer or semitrailer is not oper-
3 ated on any highway during the first months of a calendar year, they
4 the owner may at any time thereafter be registered for the
5 remainder of the year on payment of all fees as provided in this chapter, less
6 one-twelfth (1/12) of such fees and mileage for each full calen-
7 dar month which has expired prior to registering, but in no event shall the
8 minimum fee be less than five dollars ($5.00).
9 SECTION 15. That Section 49-443, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-443. LICENSE PLATES TO BE FURNISHED BY DEPARTMENT -- FORM AND CON-
12 TENTS. (1) The assessor or the department shall furnish to every owner whose
13 vehicle is registered by that office, pursuant to sections 49-402 and 49-402A,
14 Idaho Code, one (1) license plate for vehicles registered under the provisions
15 of section 49-406, 49-406A or 49-408, Idaho Code, or a motorcycle, trailer,
16 truck-tractor, or semitrailer, and two (2) license plates for every other
17 motor vehicle. If a vehicle is issued one (1) plate only, that plate shall be
18 displayed on the rear of the vehicle in accordance with the
19 provisions of section 49-428, Idaho Code . For vehicles registered under
20 the provisions of section 49-407, Idaho Code, the applicant shall provide one
21 (1) plate to be displayed on the rear of the vehicle.
22 Commencing January 1, 1992, the color and design of the plates shall be
23 comparable to the color and design of the statehood centennial issue of
24 license plates with blue numerals and letters on a multicolored red, white and
25 blue background. Each license plate must bear upon its face the inscriptions
26 "Famous Potatoes" and "Scenic Idaho."
27 Every license plate shall have displayed upon it the registration number
28 assigned to the vehicle and its owner and the name "Idaho" which may be abbre-
29 viated. The plates issued under the provisions of section 49-402(1), Idaho
30 Code, and the required letters and numerals, including an identification of
31 the county in which the motor vehicle to which the plates will be affixed is
32 registered, shall be of sufficient size to be plainly readable from a distance
33 of seventy-five (75) feet during daylight, and each license plate and regis-
34 tration sticker shall be treated with a fully reflectorized material according
35 to specifications prescribed by the board.
36 (2) License plates shall be valid for a period of seven (7) years begin-
37 ning with the date of issuance of new plates. At the end of the sixth year,
38 the registered owner shall receive notice of the date upon which the plates
39 will expire. The department shall implement a plate-number reservation program
40 beginning prior to the 1999 plate issue and following once every seven (7)
41 years thereafter, for a limited plate-number sequence in each county which
42 chooses to offer a reservation program. Requests for license plate number res-
43 ervations shall be submitted to the county during the open reservation period
44 established by the department. The department may charge a minimal fee as
45 determined by the board to recover costs to the department for reservation of
46 license plate numbers.
47 (3) If a license plate number has expired as provided in subsection (2)
48 of this section and the number was not reserved, or if the vehicle registra-
49 tion is not renewed within sixty (60) days of its expiration, the plate number
50 shall be available for use by another registrant. To obtain a specific number
51 in the recycled license plate number file, the owner of a registered vehicle
52 shall pay a one (1) time fee as determined by rule of the board.
53 The provisions of this subsection shall apply only to vehicles registered
1 under the provisions of section 49-402(1), Idaho Code, and section 49-434(1),
2 Idaho Code, as it applies to noncommercial vehicles.
3 (4) License plates issued for vehicles required to be registered in
4 accordance with the provisions of sections 49-402 and 49-402A, Idaho Code,
5 shall be issued color coded registration validation stickers showing the year
6 of registration. Each registration validation sticker shall bear a number from
7 1 through 12, which number shall correspond to the month of the calendar year
8 in which the registration of the vehicle expires and shall be affixed to the
9 lower right-hand corner of the plates within the outlined rectangular area.
10 (5) License plates for utility trailers registered under the provisions
11 of section 49-402A, Idaho Code, which are issued for five (5) or ten (10)
12 years and license plates for trailers, rental utility trailers and semi-
13 trailers registered under the provisions of section 49-434, Idaho Code, which
14 are issued for five (5) years shall use the design in effect on the date of
15 manufacture. If a design change occurs, plates from the effective date of the
16 design change shall be manufactured using the new design. Unexpired plates
17 need not be reissued to conform to a design change.
18 (6) For license plates which are lost, stolen, mutilated, or illegible,
19 the owner shall apply for a duplicate or substitute. The assessor shall also
20 furnish for each registration, and to validate the license plate, a pressure-
21 sensitive, serially-numbered registration sticker , except for trailers
22 and semitrailers registered under the optional seven (7) year trailer provi-
23 sions in section 49-434, Idaho Code . License plates issued for state,
24 county and city motor vehicles shall be permanent and remain on the vehicle
25 for which issued from year to year, and need no renewal or validation sticker.
26 (7) Whenever a vehicle is completely destroyed by fire or accident and
27 the operator submits satisfactory proof of that destruction to the department
28 or appropriate assessor's office, the registration use increment and fees
29 shall be transferred to the replacement vehicle for a service transfer fee of
30 five dollars ($5.00), which fee shall be retained by the registering author-
31 ity. None of the original fees shall be subject to refund.
32 (8) The department shall furnish to every owner whose vehicle is regis-
33 tered under sections 49-434 and 49-435, Idaho Code, a pressure-sensitive,
34 serially-numbered registration sticker to validate the license plate.
35 (9) The board shall have authority to require the return to the depart-
36 ment of all license plates and registration stickers upon termination of the
37 lawful use of them by the owner.
38 (10) The board may promulgate such rules as are necessary to implement the
39 provisions of this section.
40 SECTION 16. That Section 49-444, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 49-444. RECREATION VEHICLE REGISTRATION. An applicant for a r
43 R ecreational vehicle s registration
44 shall be registered as provided in this chapter before a county
45 assessor can issue required to obtain a recreational vehi-
46 cle annual license as provided in sections 49-445 through 49-448, Idaho
47 Code , in conjunction with the registration . Truck campers need
48 not be registered before the county assessor can issue a recreational vehicle
49 annual license.
50 SECTION 17. That Section 49-449, Idaho Code, be, and the same is hereby
51 amended to read as follows:
1 49-449. SUSPENSION CANCELLATION OF REGISTRATION
2 UPON NOTICE OF THEFT . OR EMBEZZLEMENT. Whenever the
3 owner of any motor vehicle, trailer or semitrailer which is stolen or
4 embezzled files an affidavit with a law enforcement agency
5 alleging either such fact , with
6 the department, the department shall immediately suspend
7 cancel the registration of such vehicle and shall not
8 transfer the registration of or register such vehicle until the department
9 shall be notified that upon the request of the
10 owner . has recovered the vehicle.
11 SECTION 18. That Section 49-510, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 49-510. LIENS AND ENCUMBRANCES -- FILING -- FEE -- NOTATION ON CERTIFI-
14 CATE -- CONSTRUCTIVE NOTICE. (1) No lien or encumbrance on any vehicle regis-
15 tered under the laws of this state created subsequent to December 31, 1986,
16 irrespective of whether such registration was effected prior or subsequent to
17 the creation of the lien or encumbrance, shall be perfected as against credi-
18 tors or subsequent purchasers or encumbrancers without notice until the holder
19 of the lien or encumbrance, or his successor or assignee, has complied with
20 the requirements of section 49-504, Idaho Code, and has filed the properly
21 completed title application and all required supporting documents with the
22 department or an agent of the department.
23 When the holder of a lien or encumbrance, his successor or assignee, has
24 filed with the department or agent of the department a properly completed
25 title application and supporting documents as required by section 49-504,
26 Idaho Code, it shall be the duty of the department or agent of the department
27 to file the same, indorsing on the title application the date and hour
28 of the creation of the lien or encumbrance. A lien is perfected as of
29 the time of its creation if the transaction is notarized and if the filing is
30 completed with the department or an agent of the department within twenty (20)
31 calendar days thereafter; otherwise, as of the date of the filing with the
32 department or an agent of the department. If the title application is incom-
33 plete or if the supporting documents are incomplete or missing, the title
34 application and supporting documents as submitted will be returned to the
35 lien holder lienholder or his successor or assignee
36 for correction and, if the application is not resubmitted in a complete form,
37 including completed supporting documents, to the department or to the agent of
38 the department within twenty (20) days of their having been returned to the
39 lien holder lienholder or his successor or assignee,
40 the original date and hour of receipt by the department or agent
41 of the department shall be void.
42 When the department is satisfied as to the genuineness and regularity of
43 the documents submitted, it shall issue a new certificate of title or create a
44 paperless electronic record of the title and lien filing when substantiated by
45 a written agreement as provided in section 49-505, Idaho Code. The title
46 shall contain the name of the owner of the vehicle, the name and address of
47 each holder of a lien or encumbrance, and a statement of all liens or encum-
48 brances which have been filed with the department, together with the date of
49 each lien or encumbrance and the date and hour received by the
50 department or agent of the department. The filing of a lien or encumbrance and
51 the notation of it shall be a condition of perfection and shall constitute
52 constructive notice of the lien or encumbrance and its contents to creditors
53 and subsequent purchasers and encumbrancers. All liens or encumbrances so
1 filed with the department shall be perfected and take priority according to
2 the order of time in which the same are noted upon the certifi-
3 cate of title or entered into the electronic records of the department.
4 (2) The notarization requirement set out in the second paragraph of sub-
5 section (1) of this section shall not apply to transactions involving a lien
6 in favor of a regulated lender, as defined in section 28-41-301(37), Idaho
7 Code, or a motor vehicle dealer licensed by the Idaho transportation depart-
9 SECTION 19. That Section 49-514, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-514. TRANSFER OF OWNERSHIP BY OPERATION OF LAW -- LIENS -- VEHICLES
12 REGISTERED IN FOREIGN STATE -- CERTIFICATES OF TITLE. In the event of the
13 transfer of ownership of a vehicle by operation of law, as upon inheritance,
14 devise or bequest, order in bankruptcy, insolvency, replevin, or execution
15 sale, or whenever a vehicle is sold to satisfy storage or repair charges, or
16 if the interest of the owner is terminated or the vehicle is sold under a
17 security agreement, the department may upon the surrender of the prior certif-
18 icate of title, or when that is not possible, upon presentation of satisfac-
19 tory proof to the department of ownership and right to possession of the vehi-
20 cle and presentation of an application for a certificate of title, issue to
21 the applicant a certificate of title. Only an affidavit by the person or agent
22 of the person to whom possession of the vehicle so passed, setting forth facts
23 entitling him to possession and ownership, together with a copy of the journal
24 entry, court order or instrument upon which the claim of possession and owner-
25 ship is founded, shall be considered satisfactory proof of ownership and right
26 of possession. If the applicant cannot produce proof of ownership he may apply
27 directly to the department and submit any evidence as he may have, and the
28 department shall, if it finds the evidence sufficient, issue a certificate of
29 title to the applicant.
30 If from the records in the office of the department there appears to be
31 any prior lien or liens on the vehicle, the certificate of title shall contain
32 a statement of those liens, unless the application is accompanied by proper
33 evidence of their satisfaction or discharge.
34 In the case of a vehicle registered in a foreign state the applicant
35 for a certificate of title under the provisions of this section must present
36 to the department a certificate of title properly issued to the applicant
37 under the laws of the foreign state before he shall be entitled to a certifi-
38 cate of title issued by the department.
39 Upon the death of the owner of one (1) or more registered vehicles, the
40 following heirs of the owner, to wit: the surviving spouse, the children, law-
41 ful issue of the deceased children, the parents, the brothers or sisters, or
42 the guardian of the estate of any minor or insane or incompetent person having
43 such relationship to the owner, if such person has a right to succeed to the
44 property of the owner, may secure a transfer of the certificate or certifi-
45 cates of title of the owner to the vehicle or vehicles, upon presenting to the
46 department the appropriate certificate or certificates of title, if available,
47 and an affidavit of the person or persons setting forth the fact of survivor-
48 ship or heirship, the names and addresses of any other heirs, that the dece-
49 dent died intestate, that the decedent has no creditors, that the decedent did
50 not leave other property necessitating probate, and if required by the depart-
51 ment, a certificate of the death of the deceased. The department, when satis-
52 fied of the genuineness and regularity of the transfer, shall transfer the
53 registrations and titles accordingly.
1 SECTION 20. That Section 49-1602, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-1602. ADMINISTRATION -- POWERS AND DUTIES. The department shall:
4 (1) Issue, and for reasonable cause shown, refuse to issue an applicant
5 any license authorized under the provisions of this chapter. The department
6 shall not may refuse to issue a license
7 to any applicant, other than a partnership or corporation, a license
8 if the applicant has complied fails to comply
9 with the terms and provisions of this chapter and or
10 the rules and regulations of the board, unless
11 or if the applicant has been convicted of a violation of any of the
12 provisions of this chapter or chapter 5, title 49, or section 49-1418 or chap-
13 ter 6, title 48, Idaho Code, or of any federal odometer law or regulation.
14 Should the applicant be a partnership or a corporation, the department may
15 refuse to issue a license to the applicant where it determines that one
16 (1) or more of the partners of a partnership, or one (1)
17 or more of the stockholders or officers of a corporation, was previously the
18 holder of a license which was revoked or suspended, and the license revoked
19 never reissued or the suspended license never reinstated, or that one
20 (1) or more of the partners, stockholders, or officers, though not pre-
21 viously the holder of a license, has violated any of the provisions of this
22 chapter or of an applicable rule or regulation, or of federal motor vehicle
23 safety standards.
24 (2) For just cause shown, revoke or suspend, on terms, conditions, and
25 for a period of time as the department shall consider fair and just, any
26 license or licenses issued pursuant to the provisions of this chapter. No
27 license shall be revoked or suspended unless it shall be shown that the licen-
28 see has violated a provision of this chapter or of an applicable rule or regu-
29 lation, or of federal motor vehicle safety standards.
30 (3) On its own motion, upon the sworn complaint of any person, investi-
31 gate any suspected or alleged violation by a licensee of any of the provisions
32 of this chapter or of an applicable rule or regulation.
33 (4) Prescribe forms for applications for licenses and qualifications for
34 an applicant for licensure. Every application for a license shall contain, in
35 addition to other information required by the department, the following:
36 (a) The name and residence address of the applicant and the trade name,
37 if any, under which he intends to conduct his business. If the applicant
38 is a copartnership, the name and residence address of each member, whether
39 a limited or general partner, and the name under which the partnership
40 business is to be conducted. If the applicant is a corporation, the name
41 of the corporation and the name and address of each of its principal offi-
42 cers and directors.
43 (b) A complete description, including the city with the street number, of
44 the principal place of business and any other and additional places of
45 business operated and maintained by the applicant in conjunction with the
46 principal place of business.
47 (c) Copies of any letters of franchise for new vehicles that the appli-
48 cant has been enfranchised to sell or exchange, and the name or names and
49 addresses of the manufacturer or distributor who has enfranchised the
51 (d) Names and addresses of the persons who shall act as salesmen under
52 the authority of the license, if issued.
53 (e) A copy of the certificate of assumed business name, if required,
54 shall be filed with the county recorder in the county where the
1 dealer's principal place of business is located secretary of
2 state .
3 (f) For a manufacturer's license, the name or names and addresses of each
4 and every distributor, factory branch, and factory representative.
5 (g) For a salesman's license, certification by the dealer by whom the
6 salesman will be employed, that he has examined the background of the
7 applicant, and to the best of the dealer's knowledge, is qualified to be
8 licensed under the sponsorship of the licensed dealer.
9 (5) Refuse to issue any license under the provisions of this chapter if,
10 upon investigation, the department finds that any information contained in the
11 application is incomplete, incorrect or fictitious.
12 (6) Require that a dealer's principal place of business, and other loca-
13 tions operated and maintained by him in conjunction with his principal place
14 of business, have erected or posted signs or devices providing information
15 relating to the dealer's name, location and address of the principal place of
16 business, and the number of the license held by the dealer.
17 (7) Provide for regular meetings of the dealer advisory board, to be held
18 not less frequently than semiannually. Notices of meetings of the advisory
19 board shall be mailed to all members not less than five (5) days prior to the
20 date on which the meeting is to be held.
21 (8) Inspect, prior to licensing, the principal place of business and
22 other sites or locations as may be operated and maintained by the applicant.
23 (9) Seek and consider the advisory board's recommendations and comments
24 regarding proposed rules and regulations promulgated for the
25 administration of the provisions of this chapter.
26 (10) Require the attendance of not less than one (1) or more
27 than three (3) advisory board members at all hearings held relating to this
29 SECTION 21. That Section 49-1607, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 49-1607. FEES -- FUNDS -- EXPENSES -- EXPIRATION OF LICENSES. (1) The
32 department shall collect with each application for licensure, the following
34 (a) Dealer's, wholesale dealer's and vehicle manufacturer's license, ini-
35 tial application, one hundred twenty-five dollars ($125), ten dollars
36 ($10.00) of which shall be deposited in the county current expense fund.
37 Renewal application, one hundred dollars ($100).
38 (b) Vehicle salesman's license, twenty-five dollars ($25.00), ten dollars
39 ($10.00) of which shall be deposited in the county current expense fund.
40 (c) Distributor-factory branch-distributor branch license, one hundred
41 dollars ($100).
42 (d) Representative's license, twenty-five dollars ($25.00).
43 (e) To reissue a license, salesman and dealer identification cards or
44 other licensing documents at a dealer's request, not resulting from an
45 error by the department, a fee of ten dollars ($10.00) per document.
46 (f) Supplemental lot license or relocated principal place of business,
47 and temporary supplemental lot, twenty-five dollars ($25.00) for license
48 issued to a single dealer. A fee of fifty dollars ($50.00) for a license
49 issued to a group of dealers for a temporary supplemental lot.
50 (2) All fees shall be paid over to the state treasurer for credit to the
51 state highway account out of which shall be paid the expenses of the depart-
52 ment and the expenses incurred in enforcing the provisions of this chapter.
53 (3) Dealer licenses, if not suspended or revoked, may be renewed from
1 year to year upon the payment of the fees specified in this section to accom-
2 pany applications, and renewals shall be made in accordance with the provi-
3 sions of section 49-1634, Idaho Code.
4 (a) There shall be twelve (12) licensing periods, starting with January
5 and ending in December. A dealer's license shall be in effect from the
6 month of initial licensing through the last day of the next year's calen-
7 dar month that precedes the month of the initial licensing. During
8 the first calendar year of the staggered licensing system, a dealership
9 may, for the purpose of establishing a preferred licensing period, choose
10 to renew its license for six (6) to eighteen (18) months at a cost of
11 eight dollars and fifty cents ($8.50) per month.
12 (b) Any renewal license application received or postmarked after thirty
13 (30) days from the end of the previous year's license period shall be
14 processed as an initial application and initial fees shall be paid.
15 (4) Salesman licenses, if not suspended or revoked, shall be valid for
16 three (3) years from the date of issue provided that:
17 (a) Employment remains with the sponsoring dealership; and
18 (b) The sponsoring dealership has a valid license issued by the depart-
20 Renewals shall be issued in accordance with the provisions of section 49-1635,
21 Idaho Code.
22 SECTION 22. That Section 49-1611, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-1611. DISPLAY, FORM AND CUSTODY OF DEALER'S AND SALESMAN'S LICENSE.
25 The department shall prescribe each form of the vehicle dealer's and
26 salesman's license. It shall be the duty of each dealer to display con-
27 spicuously his own license in his place of business. The director
28 department shall prepare and deliver a pocket identifica-
29 tion card, which shall certify that the person whose name appears on
30 the card is a licensed vehicle dealer or vehicle salesman, as the
31 case may be, and each vehicle dealer's or vehicle salesman's card
32 shall also contain a current photograph of the applicant and the
33 date of expiration of the license. Each and every vehicle dealer and
34 vehicle salesman shall, up on request, display his card.
35 SECTION 23. That Section 49-1702, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 49-1702. FORM FOR NOTICE OF LIEN. To claim the benefits of the provisions
38 of this chapter a lien claimant shall, prior to making any repairs, provide
39 notice to the registered and legal owner of a motor vehicle of intended
40 repairs, service, or storage at the request of a person in possession of the
41 vehicle. The notice shall be substantially in the following form:
42 To: [Name of registered and legal owner and addresses]
43 Notice is hereby given, in accordance with the provisions of ,
44 Idaho Code, that the undersigned, of [address] has been
45 requested by , of , [address] , [the reg-
46 istered owner, or agent thereof] , to [repair or as the case may
47 be] the following described motor vehicle of which you are designated the
48 registered or legal owner on the title: [specify year, make and
49 model] , [vehicle identification or engine no.] ,
50 [license no.] . If appropriate, add: The repairs requested are as
51 follows: .
1 The undersigned intends to begin such [repairs or as the case may
2 be] on approximately , 19 .
3 The approximate charges for the services requested will be $ , and
4 the undersigned will claim a lien on the vehicle for the actual amount of
5 such charges.
6 In accordance with the provisions of sections and , Idaho
7 Code, the undersigned requests that you consent to the performance of
8 (such repairs or as the case may be) by signing and returning the
9 enclosed copy of this notice.
10 Dated , 19 .
13 I hereby consent to the performance of the above described
14 (repairs or as the case may be.)
15 Dated , 19 .
16 (Signature of registered or legal owner)
17 SECTION 24. That Section 49-1705, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 49-1705. SALE TO SATISFY LIENS. (1) When a possessory lien holder
20 lienholder is not paid the amount of the lien due, within
21 ten (10) days after the same becomes due, the lien holder
22 lienholder may proceed to conduct a sale as provided by this section to
23 satisfy the lien and costs of sale, if an authorization to conduct a lien sale
24 has been issued by the department, or a judgment has been entered in favor of
25 the lien holder lienholder on the claim which gives
26 rise to the lien, or the registered and legal owners of the vehicle have
27 signed, after the lien has arisen, a release of any interest in the vehicle.
28 (2) A possessory lien holder lienholder may
29 apply to the department for the issuance of an authorization to conduct a lien
30 sale. The application shall include all of the following information:
31 (a) A description of the vehicle, including make, vehicle identification
32 number, and license number . In the case of motorcycles,
33 the engine number shall also be included ;
34 (b) The names and addresses of the registered and legal owners of the
35 vehicle, if ascertainable from registration certificates within the vehi-
36 cle, and the names and addresses of other persons whom the lien
37 holder lienholder knows or reasonably should know to
38 claim an interest in the vehicle;
39 (c) A statement of the amount of the lien and the facts concerning the
40 claim which give rise to the lien; and
41 (d) A statement that the lien holder lienholder
42 has no information or belief that there is a valid defense to the claim
43 which gives rise to the lien.
44 (3) Upon receipt of an application, the department shall send a copy of
45 the application to the registered and legal owners at their addresses of
46 record with the department and to any other interested persons listed in the
47 application. The department shall also send a notice which shall include the
48 following information:
49 (a) That an application has been made with the department for the issu-
50 ance of an authorization to conduct a lien sale;
51 (b) That the person has a legal right to a hearing in court;
52 (c) That if a hearing in court is desired, an enclosed declaration of
53 opposition must be signed and returned;
1 (d) That if the declaration is signed and returned, the possessory
2 lien holder lienholder will be allowed to sell the
3 vehicle only if he obtains a judgment in court or obtains a release from
4 the registered and legal owners;
5 (e) That the department will issue the authorization to conduct a lien
6 sale unless the person signs and returns the declaration of opposition
7 within ten (10) days after the date the notice was mailed; and
8 (f) That the person may be liable for costs if the lien holder
9 lienholder brings an action and if a judgment is
10 entered in favor of the lien holder lienholder .
11 (4) If the department receives a timely mailed declaration of opposition,
12 it shall notify the possessory lien holder lienholder
13 that he may not conduct a lien sale unless:
14 (a) A judgment has been entered in his favor on the claim which gives
15 rise to the lien; or
16 (b) The registered and legal owners of the vehicle have signed a release
17 of any interest in the vehicle.
18 (5) An applicant shall include with his application for lien sale a fee
19 of ten dollars ($10.00) which shall be deposited in the abandoned vehicle
20 trust account. The fee shall be recoverable as a cost by the lien
21 holder lienholder .
22 SECTION 25. That Section 49-1707, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-1707. NOTICE OF SALE. Prior to any sale the possessory lien
25 holder lienholder shall give at least ten (10) days'
26 notice of the sale by advertising in one (1) issue of a newspaper of general
27 circulation in the county in which the vehicle is located. Prior to the sale
28 of any vehicle to satisfy a lien, twenty (20) days' notice by certified mail
29 shall be given to the legal owner and to the registered owner of the vehicle,
30 if registered in this state, as the same appear in the registration certifi-
31 cate, and to the department. All notices specify the make, the vehicle identi-
32 fication number, and license number, and the date, time, and place of the
33 sale. In the case of motorcycles, the engine number shall be included.
35 SECTION 26. That Section 49-1803, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 49-1803. REMOVAL OF STOLEN VEHICLES OR VEHICLES FOUND UNDER EMERGENCY
38 CIRCUMSTANCES. (1) Any authorized officer, upon discovery of a vehicle
39 reported as stolen and not recovered, or any vehicle involved in any extraor-
40 dinary circumstances, may take the vehicle into custody and cause it to be
41 taken to and stored in a suitable place, or may cause the vehicle to be placed
42 in the custody of a tow truck operator, all expenses of towing and storage to
43 be those of the vehicle owner unless otherwise determined according to the
44 provisions of section 49-1805(5), Idaho Code.
45 (2) Within forty-eight (48) hours of the time that the vehicle is taken
46 into custody and is stored pursuant to this chapter, the agency of which the
47 officer is an agent shall give written notice by certified mail to the regis-
48 tered and legal owners of the vehicle, if known. The notice shall state:
49 (a) That the vehicle has been taken into custody and stored; and
50 (b) The location of storage of the vehicle.
51 (3) The public agency by which the officer is employed shall appraise the
1 vehicle and shall include in the notice, identification of the officer; loca-
2 tion of the vehicle; a description of the vehicle including make, year model,
3 identification number, license number, state of registration and , if a
4 motorcycle, an engine number; and the statutory authority for storage.
5 SECTION 27. That Section 49-1814, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 49-1814. DISPOSITION OF LOW-VALUED VEHICLES. (1) If the vehicle is
8 appraised at a value not exceeding two hundred dollars ($200), the provisions
9 of sections 49-1809 through 49-1811, Idaho Code, shall not apply, and the per-
10 son or public agency which removed the vehicle shall:
11 (a) Within forty-eight (48) hours after the appraisal, notify the
12 department of the removal of the vehicle;
13 (b) Prepare a certificate containing a description of the vehicle
14 stating the appraised value of the vehicle and indicating one of the fol-
16 1. The agency which requested the tow has submitted a
17 certified statement that a declaration of opposition has not been
19 2. The registered and legal owners have signed a certified release
20 disclaiming any interest, which release shall be included with the
22 3. The vehicle is in a condition that vehicle identification numbers
23 are not available to determine owners of record.
24 ( c b ) Upon completion of the certificate, exe-
25 cute and deliver a bill of sale, together with a copy of the certificate,
26 either to the possessory lien holder lienholder ,
27 who shall endorse the bill of sale to an automobile parts dealer or to a
28 scrap processor for disposal.
29 (2) Automobile parts dealers acquiring vehicles which are the subject of
30 certificates prepared and forwarded pursuant to this section shall be excused
31 from any fees which would otherwise be due to the department.
32 (3) A public agency may authorize, by contract, the removal or disposal
33 of low-valued vehicles. The contract shall be issued to the lowest responsible
34 bidder. Bills of sale shall then be executed and delivered, pursuant to sub-
35 section (1)( c b ) of this section , to the
37 (4) The following persons shall have the authority to make appraisals for
38 purposes of this chapter:
39 (a) Any member of the Idaho state police division of the department of
40 law enforcement;
41 (b) Any regularly employed and salaried deputy sheriff or other employee
42 designated by the sheriff of any county;
43 (c) Any regularly employed and salaried peace officer or other employee
44 designated by the chief of police of any city;
45 (d) Any officer or employee of the division of motor
46 vehicle s bureau of the department designated by
47 the director;
48 (e) Any regularly salaried employee of a city, county, or city and county
49 designated by a board of county commissioners or by a city council; or
50 (f) Any regularly employed and salaried peace officer or other employee
51 of the department of parks and recreation designated by the director of
52 that department.
53 (5) An appraiser, upon completion of an appraisal within the meaning of
1 this chapter, shall notify the department of the appraisal and of the facts
2 upon which the appraisal was based.
3 SECTION 28. That Section 49-1815, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 49-1815. DISPOSITION OF LOW-VALUED VEHICLES -- PROCEDURE. The procedure
6 for the disposition of low-valued vehicles is as follows:
7 (1) The person or agency which removes the vehicle shall, within fifteen
8 (15) working days following the date of possession of the vehicle, make a
9 request to the department for the names and addresses of all persons having an
10 interest in the vehicle. No storage charge shall accrue beyond the fifteen
11 (15) day period unless the lien holder lienholder
12 has made a request to the department as provided in this section.
13 (2) The person or agency which removes the vehicle shall immediately upon
14 receipt of this information send, by certified mail with return receipt
15 requested, the following prescribed forms and enclosures to the registered
16 owner and legal owner at their addresses of record with the department, and to
17 any other person known to have an interest in the vehicle:
18 (a) A completed form entitled "Notice of Intent to Dispose of a Vehicle
19 Valued at $200 or Less";
20 (b) A blank form entitled "Declaration of Opposition".
21 (3) All notice s to persons having an interest in the vehicle
22 shall be signed under penalty of perjury and shall include all of the follow-
24 (a) A description of the vehicle, including make, year model, identifica-
25 tion number, license number, and state of registration . For motor-
26 cycles, the engine number shall also be included ;
27 (b) The names and addresses of the registered and legal owners of the
28 vehicle and any other person known to have an interest in the vehicle;
29 (c) The following statements and information:
30 1. The amount of the lien;
31 2. The facts concerning the claim which give s rise to
32 the lien;
33 3. The person has a right to a hearing in court;
34 4. If a hearing in court is desired, a declaration of opposition
35 form shall be signed under penalty of perjury and returned to the
36 agency which requested the tow within ten (10) days of the date the
37 notice of intent to dispose of a vehicle valued at $200 or less form
38 was mailed; and
39 5. The declarant may be liable for court costs if a judgment is
40 entered in favor of the possessory lien holder
41 lienholder .
42 (d) A statement that the possessory lien holder lien-
43 holder may dispose of the vehicle to a certified automobile parts
44 dealer if it is not redeemed or if a declaration of opposition form is not
45 signed and mailed to the agency which requested the tow within ten (10)
46 days of the date the notice of intent to dispose of a vehicle valued at
47 $200 or less form was mailed.
48 (4) If the agency which requested the tow receives a completed declara-
49 tion of opposition from form within the time pre-
50 scribed, the vehicle shall not be disposed of for an additional fifteen (15)
51 day period during which time the individual filing the declaration of opposi-
52 tion must file an action with the appropriate court and cause the possessory
53 lien holder lienholder to be served with the summons
1 and complaint. The filing and service of the action will stay disposal of the
2 vehicle pending decision by the court unless the declarant subsequently
3 releases his interest in the vehicle.
4 SECTION 29. That Section 49-1817, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 49-1817. FEE TO ACCOMPANY INFORMATION REQUEST. Upon the filing of a
7 request for title and registration information on an abandoned vehicle, the
8 department shall receive a fee of two dollars ($2.00) in
9 accordance with section 49-202(2)(f), Idaho Code .
REPRINT REPRINTREPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
The purpose of this legislation is to update 30 sections
of vehicle-related Idaho Code to match current DMV
practices and to reflect amendments enacted to other
Section 49-1817, Idaho Code, Page 34, lines 16 and 17,
appears to be a fee increase. The amendment only makes the
record fee schedules uniform and brings them in line with
what the department has been charging since 1991, based on
In 1988, SB 1245 aligned the fee of $10 per record in
Section 49-1817, Idaho Code, with the fee in Section
49-202(2)(f), Idaho Code, at $2 per record.
In 1991, HB 156 increased the record fee in Section
49202(2)(f), Idaho Code, to $4 per record. Section
49-1817, Idaho Code was inadvertently not updated. The
1991 enactment in Section 49-202(2)(f), Idaho Code, has
been the record fee schedule in use for all motor vehicle
record inquiries at $4 per record. Therefore, the
amendment has no future fiscal impact.
Record inquiries on abandoned vehicles are nearly always
obtained by law enforcement agencies through automated
means. Law enforcement is exempt from a record fee by Idaho
Code. We estimate that public requests for abandoned
vehicles are ten or less each month.
CONTACT: Herbert Kinney
Bill No. H 468