1998 Legislation
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HOUSE BILL NO. 697, As Amended – Motor carrier regulatn/Transp Dept

HOUSE BILL NO. 697, As Amended

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H0697aa.......................................by TRANSPORTATION AND DEFENSE
MOTOR CARRIERS - REGULATION - Adds to, amends and repeals existing law to
remove authority for regulation of motor carriers from the Public Utilities
Commission and to transfer responsibility for insurance verification,
safety inspections and compliance reviews of motor carriers to the Idaho
Transportation Department.

02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to Transp
03/05    Rpt out - to Gen Ord
03/06    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/11    3rd rdg as amen - PASSED - 42-22-6
      AYES -- Barraclough, Barrett, Bell, Bivens, Black(15), Black(23),
      Callister, Campbell, Clark, Denney, Ellsworth, Field(13), Gagner,
      Geddes, Gould, Hornbeck, Jones(20), Kempton, Kendell, Kjellander,
      Lake, Linford, Loertscher, Mader, McKague, Miller, Mortensen,
      Newcomb, Pomeroy, Reynolds, Richman, Ridinger, Schaefer, Stevenson,
      Stone, Taylor, Tilman, Tippets, Trail, Wheeler, Wood, Mr Speaker
      NAYS -- Bieter, Boe, Chase, Crane, Cuddy, Deal, Hadley, Hansen,
      Henbest, Jaquet, Jones(22), Judd, Kellogg, Kunz, Marley, Meyer,
      Pischner, Robison, Sali, Stoicheff, Watson, Zimmermann
      Absent and excused -- Alltus, Bruneel, Crow, Field(20), Jones(9),
      Stubbs
    Floor Sponsor - Wood
    Title apvd - to Senate
03/12    Senate intro - 1st rdg as amen - to Transp

Bill Text


H0697


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                              HOUSE BILL NO. 697, As Amended

                         BY TRANSPORTATION AND DEFENSE COMMITTEE

 1                                        AN ACT
 2    RELATING TO MOTOR CARRIERS; REPEALING CHAPTER 8, TITLE 61, IDAHO CODE;  AMEND-
 3        ING SECTION 39-4426, IDAHO CODE, TO REMOVE THE RESPONSIBILITY OF EMPLOYEES
 4        OF  THE  DEPARTMENT  OF  HEALTH AND WELFARE FOR THE COLLECTION OF FEES AND
 5        PERMITS AS AGENTS OF THE IDAHO TRANSPORTATION DEPARTMENT  AND  THE  PUBLIC
 6        UTILITIES  COMMISSION AND TO PROVIDE CORRECT CODE CITATIONS; AMENDING SEC-
 7        TION 40-510, IDAHO CODE, TO DELETE REFERENCE TO CHAPTER 8, TITLE 61, IDAHO
 8        CODE, AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION  49-104,  IDAHO
 9        CODE,  TO DEFINE "COMPLIANCE REVIEW"; AMENDING SECTION 49-114, IDAHO CODE,
10        TO DEFINE "MOTOR CARRIER" AND TO DELETE REFERENCE TO A REPEALED CODE  SEC-
11        TION; AMENDING SECTION 49-202, IDAHO CODE, TO PROVIDE A FEE FOR CERTIFICA-
12        TION  OF MOTOR CARRIER LIABILITY INSURANCE, TO DELETE REFERENCE TO CHAPTER
13        8, TITLE 61, IDAHO CODE, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAP-
14        TER 2, TITLE 49, IDAHO CODE, BY THE ADDITION  OF  A  NEW  SECTION  49-234,
15        IDAHO  CODE, TO AUTHORIZE THE DIRECTOR OF THE IDAHO TRANSPORTATION DEPART-
16        MENT TO CONDUCT SAFETY INSPECTIONS AND COMPLIANCE REVIEWS OF MOTOR  CARRI-
17        ERS, TO PROVIDE RULEMAKING AUTHORITY AND TO AUTHORIZE CONTRACTING; REPEAL-
18        ING  SECTION 49-235, IDAHO CODE; AMENDING CHAPTER 2, TITLE 49, IDAHO CODE,
19        BY THE ADDITION OF A NEW  SECTION  49-235,  IDAHO  CODE,  TO  PROVIDE  FOR
20        INSPECTION  OF  MOTOR CARRIERS AND TO PROVIDE EXEMPTIONS; AMENDING SECTION
21        49-401B, IDAHO CODE, TO DELETE REFERENCE TO CHAPTER  8,  TITLE  61,  IDAHO
22        CODE,  TO  DELETE  REFERENCE TO REGULATION OF MOTOR CARRIERS BY THE PUBLIC
23        UTILITIES COMMISSION AND TO MAKE TECHNICAL CORRECTIONS;  AMENDING  SECTION
24        49-1229,  IDAHO  CODE, TO DELETE REFERENCE TO REGULATION OF MOTOR CARRIERS
25        BY THE PUBLIC UTILITIES COMMISSION, TO CLARIFY THE REQUIREMENT THAT  MOTOR
26        CARRIERS  SHALL MAINTAIN LIABILITY INSURANCE AND TO PROVIDE A CORRECT CODE
27        CITATION; AMENDING CHAPTER 12, TITLE 49, IDAHO CODE, BY THE ADDITION OF  A
28        NEW  SECTION  49-1233,  IDAHO  CODE,  TO REQUIRE MOTOR CARRIERS TO PROVIDE
29        PROOF OF FINANCIAL RESPONSIBILITY TO THE IDAHO  TRANSPORTATION  DEPARTMENT
30        AS A CONDITION OF MOTOR CARRIER REGISTRATION, TO PROVIDE EXEMPTIONS AND TO
31        AUTHORIZE  PROMULGATION OF RULES BY THE IDAHO TRANSPORTATION BOARD; AMEND-
32        ING SECTION 49-2206, IDAHO CODE, TO PROVIDE A CORRECT CODE CITATION AND TO
33        MAKE TECHNICAL CORRECTIONS;  AMENDING  SECTION  49-2431,  IDAHO  CODE,  TO
34        DELETE  REFERENCE  TO REGULATION OF MOTOR CARRIERS BY THE PUBLIC UTILITIES
35        COMMISSION; AMENDING SECTION 61-335, IDAHO CODE, TO  DELETE  REFERENCE  TO
36        REGULATION  OF  MOTOR  CARRIERS  BY THE PUBLIC UTILITIES COMMISSION AND TO
37        MAKE TECHNICAL CORRECTIONS;  AMENDING  SECTION  61-1001,  IDAHO  CODE,  TO
38        DELETE  REFERENCE  TO REGULATION OF MOTOR CARRIERS BY THE PUBLIC UTILITIES
39        COMMISSION; AMENDING SECTIONS 61-1002, 61-1008 AND 61-1009, IDAHO CODE, TO
40        PROVIDE CORRECT TERMINOLOGY AND TO DELETE  REFERENCE  TO  MOTOR  CARRIERS;
41        AMENDING  SECTION  61-1118,  IDAHO  CODE,  TO  PROVIDE FOR DISTRIBUTION OF
42        ADMINISTRATIVE FEES COLLECTED BY THE PUBLIC UTILITIES COMMISSION; AMENDING
43        SECTION 67-2905, IDAHO CODE, TO  PROVIDE  AUTHORITY  TO  THE  IDAHO  STATE
44        POLICE  FOR  ENFORCEMENT  OF FEDERAL AND STATE MOTOR CARRIER LAWS, REGULA-
45        TIONS AND RULES; AMENDING SECTION 67-2917, IDAHO CODE, TO PROVIDE  A  COR-
46        RECT REFERENCE; AND PROVIDING LEGISLATIVE INTENT.


                                          2

 1    Be It Enacted by the Legislature of the State of Idaho:

 2        SECTION  1.  That  Chapter  8,  Title  61, Idaho Code, be, and the same is
 3    hereby repealed.

 4        SECTION 2.  That Section 39-4426, Idaho Code, be, and the same  is  hereby
 5    amended to read as follows:

 6        39-4426.  APPOINTMENT  OF  HEALTH INSPECTORS. (1) The department of health
 7    and welfare shall assign a sufficient number of  employees  and  equipment  to
 8    inspect  hazardous  waste facilities or sites permitted under section 39-4409,
 9    Idaho Code, and located in Idaho where disposal of hazardous waste occurs  for
10    the  purpose of assuring the protection of the health and safety of the public
11    by monitoring the receipt and handling of hazardous  wastes  which  have  been
12    transported by common carrier.
13        (2)    The  employees  of the department of health and welfare desig-
14    nated in subsection (1) of this section shall be agents of the Idaho transpor-
15    tation department and the public utilities commission for the purpose of  col-
16    lecting  regulatory  and  registration  fees  pursuant  to sections 61-811 and
17    61-812, Idaho Code, and for collecting fees and permits pursuant to chapter 4,
18    title 49, Idaho Code, which fees have not  otherwise  been  lawfully  paid  by
19    transporters  to  the  public  utilities  commission, the Idaho transportation
20    department or a county assessor in this state and for issuing permits pursuant
21    to section 49-22202, Idaho Code. All  moneys  collected  by  the  department's
22    employees  as  agents  of  the  Idaho transportation department and the public
23    utilities commission shall be remitted to the state treasurer for  deposit  in
24    the proper account as provided by law.
25        (3)   All employees of the department designated pursuant to subsec-
26    tion  (1)  of  this  section  shall alert proper authorities or peace officers
27    regarding violations pursuant to this chapter, violations  pursuant  to  
28    title  61, Idaho Code, and violations pursuant to  title 49, Idaho Code,
29    and violations to any rules  and regulations   issued  pursuant  to
30      any  of  the  aforementioned  code    section s  
31    49-234, Idaho Code .
32         (3)   All actions brought for violations of the provisions  of
33    this  chapter  or  rules    and  regulations   promulgated pursuant
34    thereto shall be brought as provided for in this chapter. All actions  brought
35    for  violations  of the provisions of  title 61, Idaho Code, or of 
36    title 49, Idaho Code, shall be brought as provided in  those  
37    that  title s .

38        SECTION 3.  That Section 40-510, Idaho Code, be, and the  same  is  hereby
39    amended to read as follows:

40        40-510.  PORTS OF ENTRY OR CHECKING STATIONS ESTABLISHED  -- MOTOR VEHICLE
41    INVESTIGATOR ACTIVITIES -- AUTHORITY OF THE BOARD TO EMPLOY INDIVIDUALS. 
42    (1)   To augment and help make more efficient and effective the enforce-
43    ment of certain laws of the state of Idaho, the Idaho  transportation  depart-
44    ment  is  hereby authorized and directed to establish from time to time tempo-
45    rary or permanent ports of entry or checking stations upon any highways in the
46    state of Idaho, at such places as the Idaho  transportation  department  shall
47    deem necessary and advisable.
48        (2)  The  board  is authorized to appoint and employ individuals who shall
49    have limited peace officer authority for the enforcement of such motor vehicle
50    related laws as are herein specified:


                                          3

 1        (a)  Sections 18-3906 and 18-8001, Idaho Code;
 2        (b)  Sections 25-1105 and  25-1182(2), Idaho Code;
 3        (c)  Sections 40-510 through 40-514, Idaho Code;
 4        (d)  Chapters 1 through 5, 9, 10, 11, 15 through 19, 22 and 24, title  49,
 5        sections  49-619,  49-660,  49-1407, 49-1418 and 49-1427 through  49-1430,
 6        Idaho Code;  and 
 7        (e)   Chapter 8, title 61, Idaho Code; and
 8        (f)   Sections 63-2438, 63-2440, 63-2441 and 63-2443, Idaho Code.
 9        (3)  Motor vehicle investigators shall have the authority to access confi-
10    dential vehicle identification number information.
11        (4)  Any employee so appointed shall have the authority  to  issue  misde-
12    meanor traffic citations in accordance with the provisions of section 49-1409,
13    Idaho  Code,  and  infraction  citations  in accordance with the provisions of
14    chapter 15, title 49, Idaho Code.
15        (5)  No employee of the department shall carry or use  a  firearm  of  any
16    type  in the performance of his duties unless specifically authorized in writ-
17    ing by the director of the department of law enforcement to do so.
18        (6)  The board is authorized to extend the authority as provided  in  this
19    section to authorized employees of contiguous states upon approval of a bilat-
20    eral agreement according to the provisions of section 40-317, Idaho Code.

21        SECTION  4.  That  Section  49-104, Idaho Code, be, and the same is hereby
22    amended to read as follows:

23        49-104.  DEFINITIONS -- C.
24        (1)  "Cancellation of driver's license" means the annulment or termination
25    by formal action of the department of a person's driver's license  because  of
26    some  error  or  defect  in the driver's license or because the licensee is no
27    longer entitled to the driver's license, but the cancellation  of  a  driver's
28    license is without prejudice and application for a new driver's license may be
29    made at any time after cancellation.
30        (2)  "Caravaning"  means the transportation of any motor vehicle into, out
31    of, or within the state operating on its own wheels or in tow for the  purpose
32    of  sale or offer of sale by any agent, dealer, manufacturer's representative,
33    purchaser, or prospective purchaser, regardless of residence unless the  motor
34    vehicle  is  licensed  by  the  state  of  Idaho, or is owned by an automobile
35    dealer, duly licensed as a dealer by this state. It shall also  be  considered
36    as  the  transportation of property for hire by a motor vehicle upon the high-
37    ways of this state.
38        (3)  "Certificate of liability insurance" means a certificate of liability
39    insurance issued by an insurance company authorized to  do  business  in  this
40    state  or  a  certificate  of  liability insurance issued by the department of
41    insurance which demonstrates current insurance  against  loss  resulting  from
42    liability imposed by law for bodily injury or death or damage to property suf-
43    fered by any person caused by accident and arising out of the operation, main-
44    tenance  or  use  of a motor vehicle described in the certificate in an amount
45    not less than that required by section 49-1212, Idaho Code,  and  also  demon-
46    strates  the  current  existence  of  any other coverage required by title 41,
47    Idaho Code, or a certificate of self-insurance issued pursuant to law for each
48    motor vehicle to be registered. A certificate  of  liability  insurance  shall
49    contain the information required by the department of insurance, including the
50    name  and  address  of the owner of the motor vehicle and a description of the
51    motor vehicle including identification number if there is one, or a  statement
52    that  all  vehicles  owned by a person or entity are covered by insurance, the
53    inception date of coverage, and the name of the insurer. "Certificate of  lia-


                                          4

 1    bility  insurance"  may also include the original contract of liability insur-
 2    ance or a true copy, demonstrating the  current  existence  of  the  liability
 3    insurance described above.
 4        (4)  "Chauffeur"  means  every  person  who is employed by another for the
 5    principal purpose of driving a motor vehicle and every  person  who  drives  a
 6    motor  vehicle  while in use as a public contract or common carrier of persons
 7    or property.
 8        (5)  "Commercial coach." (See section 39-4105, Idaho Code)
 9        (6)  "Commercial driver's license" means any class A, class B or  class  C
10    driver's license as defined in section 49-105, Idaho Code.
11        (7)  "Commercial  driver license information system (CDLIS)" is the infor-
12    mation system established to serve as a clearinghouse for locating information
13    related to the licensing and identification of motor vehicle drivers.
14        (8)  "Commercial driver training school" means a business enterprise  con-
15    ducted  by  an  individual,  association, partnership, or corporation, for the
16    education and training of persons, either  practically  or  theoretically,  or
17    both,  to  operate  or  drive  motor vehicles, and charging a consideration or
18    tuition for such services.
19        (9)  "Commercial vehicle" or "commercial motor vehicle."  (See  "Vehicle",
20    section 49-123, Idaho Code)
21        (10)   "Compliance review" means an on-site examination of motor car-
22    rier operations, which may be at the carrier's place  of  business,  including
23    driver's  hours   of  service,  maintenance and  inspection, driver qualifica-
24    tions, commercial driver's  license  requirements,  financial  responsibility,
25    accidents,  hazardous materials, and such other related safety and transporta-
26    tion records to determine safety fitness.
27        (11)  "Construction danger zone" means a construction or maintenance
28    area that is located on or adjacent to a highway and  marked  by   appropriate
29    warning signs.
30        (1 1  2 ) "Controlled substance" means any substance
31    so classified under section 102(6) of the controlled substances act (21 U.S.C.
32    802(6)),  and  includes all substances listed on schedules I through V, of 21,
33    CFR part 1308, as they may be revised from time to time.
34        (1 2  3 ) "Conviction" means  the  person  has  pled
35    guilty  or  has been found guilty, notwithstanding the form of the judgment or
36    withheld  judgment.
37        (1 3  4 ) "Crosswalk" means:
38        (a)  That part of a highway at an intersection included within the connec-
39        tions of the lateral lines of the sidewalks on opposite sides of the high-
40        way measured from the curbs or in the absence of curbs, from the edges  of
41        the  traversable  highway; and in the absence of a sidewalk on one side of
42        the highway, that part of a highway included within the extension  of  the
43        lateral lines of the existing sidewalk at right angles to the centerline.
44        (b)  Any  portion  of a highway at an intersection or elsewhere distinctly
45        indicated for pedestrian crossing by lines or other markings on  the  sur-
46        face.

47        SECTION  5.  That  Section  49-114, Idaho Code, be, and the same is hereby
48    amended to read as follows:

49        49-114.  DEFINITIONS -- M.
50        (1)  "Major component part" means a rear clip, cowl, frame or inner struc-
51    ture forward of the cowl, body, cab, front end assembly, front  clip  or  such
52    other part which is critical to the safety of the vehicle.
53        (2)  "Manifest"  means  a form used for identifying the quantity, composi-


                                          5

 1    tion, origin, routing, waste or material identification code  and  destination
 2    of  hazardous  material  or  hazardous waste during any transportation within,
 3    through, or to any destination in this state.
 4        (3)  "Manufactured home." (See section 39-4105, Idaho Code)
 5        (4)  "Manufacturer" means every person engaged in  the  business  of  con-
 6    structing  or  assembling  vehicles  of a type required to be registered at an
 7    established place of business in this state. The term, for  purposes  of  sec-
 8    tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
 9    include a distributor and other factory representatives.
10        (5)  "Manufacturer's  year designation" means the model year designated by
11    the vehicle manufacturer, and not the year in which the vehicle is,  in  fact,
12    manufactured.
13        (6)  "Maximum  gross weight" means the scale weight of a vehicle, equipped
14    for operation, to which shall be added the  maximum  load  to  be  carried  as
15    declared  by  the owner in making application for registration. When a vehicle
16    against which a registration or use fee is assessed is a combination of  vehi-
17    cles, the term "maximum gross weight" means the combined maximum gross weights
18    of all vehicles in the combination.
19        (7)  "Metal tire." (See "Tires," section 49-121, Idaho Code)
20        (8)  "Moped" means a limited-speed motor-driven cycle which is not capable
21    of  propelling  the vehicle at a speed in excess of thirty (30) miles per hour
22    on level ground, whether two (2) or three (3) wheels are in contact  with  the
23    ground  during  operation.  If an internal combustion engine is used, the dis-
24    placement shall not exceed fifty (50) cubic centimeters and  the  moped  shall
25    have  a  power  drive  system that functions directly or automatically without
26    clutching or shifting by the operator after the drive system is engaged.
27        (9)   "Motor carrier" means an individual, partnership,  or  corpora-
28    tion  engaged  in the transportation of persons or property in the furtherance
29    of a business or for hire.
30        (10)  "Motorcycle" means every motor vehicle having a seat or saddle
31    for the use of the rider and designed to travel on not  more  than  three  (3)
32    wheels in contact with the ground, but excluding a tractor and moped.
33        (1  0    1  ) "Motor  home"  means  a vehicular unit
34    designed to provide temporary living quarters, built into an integral part  or
35    permanently  attached  to  a self-propelled motor vehicle chassis. The vehicle
36    must contain permanently installed independent life support systems which meet
37    the American National Standards Institute (ANSI) A119.7  Standard  for  Recre-
38    ational  Vehicles,  and provide at least four (4) of the following facilities:
39    cooking, refrigeration or ice box, self-contained toilet, heating  and/or  air
40    conditioning,  a  portable  water  supply system, including a faucet and sink,
41    separate 110-125 volt electrical  power supply and/or LP-gas supply.
42        (1 1  2 ) "Motorized wheelchair" means a motor vehi-
43    cle with a speed not in excess of eight (8) miles per hour, designed  for  and
44    used by a handicapped person.
45        (1 2  3 ) "Motor number." (See "Identifying number",
46    section 49-110, Idaho Code)
47        (1  3   4 ) "Motor vehicle." (See "Vehicle", section
48    49-123, Idaho Code)
49        (1 4  5 ) "Motor vehicle liability policy" means  an
50    owner's  or operator's policy of liability insurance, certified as provided in
51    section 49-1210 ,   or 49-1211,  Idaho Code, as proof of
52    financial responsibility, and issued , except as  otherwise  provided  in
53    section 49-1211, Idaho Code,  by an insurance carrier duly authorized to
54    transact  business  in  this  state, to or for the benefit of the person named
55    therein as insured.


                                          6

 1        (1 5  6 ) "Motor vehicle record"  means  any  record
 2    that  pertains to a motor vehicle registration, motor vehicle title or identi-
 3    fication documents or other similar credentials issued by  the  department  or
 4    other state or local agency.

 5        SECTION  6.  That  Section  49-202, Idaho Code, be, and the same is hereby
 6    amended to read as follows:

 7        49-202.  DUTIES OF DEPARTMENT. (1) All registration and  driver's  license
 8    records  in  the  office of the department shall be public records and open to
 9    inspection by the public  during  normal  business  hours,  except  for  those
10    records  declared  by law to be for the confidential use of the department, or
11    those records containing personal information subject to restrictions or  con-
12    ditions  regarding  disclosure. If the department has contracted for a service
13    to be provided by another entity, an additional fee shall be charged  by  that
14    contractor whether the service is rendered during normal business hours, other
15    than normal business hours or on weekends.
16        (2)  In  addition  to  other  fees  required by law to be collected by the
17    department, the department shall collect the following:
18        (a)  For certifying a  copy  of  any  record  pertaining  to  any  vehicle
19        license, any certificate of title, or any driver's license ......... $8.00
20        (b)  For issuing every Idaho certificate of title .................. $8.00
21        (c)  For  furnishing  a  duplicate  copy of any Idaho certificate of title
22        .................................................................... $8.00
23        (d)  For issuance or transfer of every certificate of title on  a  new  or
24        used vehicle or other titled vehicle in an expedited manner (rush titles),
25        in addition to any other fee required by this section ............. $15.00
26        (e)  For furnishing a replacement of any receipt of registration ... $3.00
27        (f)  For  answering  inquiries  as  to  registration or ownership of motor
28        vehicles or driver's license records, per vehicle  registration,  accident
29        report records, title or per driver's license record ............... $4.00
30        Additional contractor fee, not to exceed ........................... $4.00
31        (g)  For services in furnishing copies of files of vehicle or other regis-
32        trations, vehicle titles, or driver's licenses per hour ........... $10.00
33        (h)  Placing  "stop"  cards  in  vehicle registration or title files, each
34        ................................................................... $12.00
35        (i)  For issuance of an assigned  or  replacement  vehicle  identification
36        number (VIN) .......................................................$10.00
37        (j)  For  a  vehicle  identification  number (VIN) inspection whether con-
38        ducted by a city or county peace officer or any  other  peace  officer  or
39        designated agent of the state of Idaho, per inspection ............. $3.00
40        (k)  For all replacement registration stickers, each ............... $1.00
41        (l)  For  issuing  letters  of  temporary vehicle clearance to Idaho based
42        motor carriers .................................................... $10.00
43        (m)  For all sample license plates, each .......................... $12.00
44        (n)  For filing release of liability statements .................... $2.00
45         (o)  For proof of insurance for each vehicle  operated  by  a  motor
46        carrier .............................................................$2.00
47        A lesser amount may be set by rule of the board. 
48        (3)  The fees required in this section shall not apply when the service is
49    furnished  to any federal, state, county or city peace officer  when such ser-
50    vice is required in the performance of their duties as peace officers.
51        (4)  The department may enter into agreements with  private  companies  or
52    public  entities  to provide the services for which a fee is collected in sub-
53    section (2)(f) of this section. Such private contractor shall collect the  fee


                                          7

 1    prescribed and remit the fee to the department. The contractor shall also col-
 2    lect and retain the additional fee charged for his services.
 3        (5)    (a)   The  department shall pay three dollars ($3.00) of
 4        the fee collected by a county assessor or other agent of the department as
 5        provided in subsection (2)(a) through (f) of this section, to  the  county
 6        assessor  of  the  county  or  agent   collecting such fee, which shall be
 7        deposited with the county treasurer and credited  to  the  county  current
 8        expense fund. The remainder of the fees collected as provided in that sub-
 9        section  shall be paid by the department to the state treasurer and placed
10        in the state highway account.
11         (b)   The fee collected under subsection (2)(j) of  this  sec-
12        tion for a VIN inspection shall be placed in the city general fund if con-
13        ducted by a city peace officer, in the county current expense fund if con-
14        ducted  by  a county peace officer, shall be retained by the special agent
15        authorized to perform the inspection, or paid to the state  treasurer  and
16        placed  to the credit of the department of law enforcement if conducted by
17        the Idaho state police division or in the state highway  account  if  con-
18        ducted by the department.
19        (6)  The department as often as practicable may provide to law enforcement
20    agencies the record of stolen and recovered motor vehicles and suspensions and
21    revocations  of  driver  licenses via the Idaho law enforcement telecommunica-
22    tions system (ILETS).
23        (7)  The department shall provide the forms prescribed  in  chapter  5  of
24    this  title, shall receive and file in its office in Boise, Idaho, all instru-
25    ments required in chapter 5 of this title to be  filed  with  the  department,
26    shall prescribe a uniform method of numbering certificates of title, and main-
27    tain  in  the  department  indices for such certificates of title. All indices
28    shall be by motor or identification number and alphabetical  by  name  of  the
29    owner,  and the department shall maintain two (2) separate files on each vehi-
30    cle, one, a motor or identification number file, the other a file by the  name
31    of the owner.
32        (8)  The department shall file each registration received under a distinc-
33    tive  registration  number  assigned  to the vehicle and to the owner thereof,
34    alphabetically under the name of the owner, and numerically and alphabetically
35    under the name of the vehicle.
36        (9)  The department shall not renew a driver's license when fees  required
37    by  law  have  not been paid or where fees for past periods are due, owing and
38    unpaid including nonsufficient fund checks.
39        (10) The department shall not grant the registration of a vehicle when:
40        (a)  The applicant is not entitled to registration under the provisions of
41        this title; or
42        (b)  The applicant has neglected or refused to furnish the department with
43        the information required in the appropriate form or reasonable  additional
44        information  required  by the department, or has failed to comply with the
45        provisions of section 49-436, Idaho Code, in past registration periods; or
46        (c)  The fees required by law have not been paid, or where fees  for  past
47        registration  periods  are  due,  owing and unpaid including nonsufficient
48        fund checks.
49        (11) The department has the authority to request any  person,  based  upon
50    evidence,  to  submit to medical, highway, or written examinations, to protect
51    the safety of the public upon the highways.
52        (12) The department shall revoke the registration of any vehicle:
53        (a)  Which the department shall determine is unsafe or unfit to  be  oper-
54        ated or is not equipped as required by law;
55        (b)  Whenever  the  person  to  whom the registration card or registration


                                          8

 1        plate has been issued shall make or permit to be made any unlawful use  of
 2        the same or permit their use by a person not entitled thereto;
 3        (c)  For  any  violation of vehicle registration requirements by the owner
 4        or operator in the current or past registration periods;
 5        (d)  Whenever  a motor carrier as defined in  section  61-801,  Idaho
 6        Code,  has  his  permit revoked for any cause except at the request of the
 7        permit holder, as provided in section  61-808,  Idaho  Code,  or  whenever
 8          an  interstate  carrier  's   has his registration
 9        revoked by reason of a revocation of his  interstate  commerce  commission
10            federal    operating authority  has been revoked
11        ;
12        (e)  For nonpayment by the owner or operator of the vehicle  of  use  fees
13        computed under sections 49-434 and 49-435, Idaho Code;
14        (f)  For  failure of the owner or operator to file the reports required or
15        nonpayment of fees assessed against the owner by the  department  pursuant
16        to audit under the provisions of section 49-436, Idaho Code;
17        (g)  Identified  by any city or county administering a program established
18        by ordinance for the inspection and readjustment of motor vehicles  (which
19        program  is  part of an approved state implementation plan adopted by both
20        the state and federal governments under 42 USC  section  7410)  as  having
21        failed  to  comply  with  an  ordinance  requiring  motor vehicle emission
22        inspection and readjustment; provided that no vehicle shall be  identified
23        to  the department under this subsection (g) unless (i) the city or county
24        certifies to the department that the owner of the motor vehicle  has  been
25        given  notice  and had the opportunity for a hearing concerning compliance
26        with the ordinance and has exhausted all remedies  and  appeals  from  any
27        determination made at such hearing; and (ii) the city or county reimburses
28        the department for all direct costs associated with the registration revo-
29        cation procedure.
30        (13) The department shall not reregister or permit a vehicle to operate on
31    a special trip permit until all fees, penalties and interest have been paid.
32        (14) The  department shall institute educational programs, demonstrations,
33    exhibits and displays.
34        (15) The department shall cancel a driver's license when fees required  by
35    law  have  not  been  paid  or  where fees for past periods are due, owing and
36    unpaid including nonsufficient fund checks.
37        (16) The department shall examine persons and vehicles  by  written,  oral
38    and physical tests without compulsion except as provided by law.
39        (17) The  department shall employ expert and special help as needed in the
40    department.
41        (18) The department shall  compile  accident  statistics  and  disseminate
42    information relating to those statistics.
43        (19) The department shall cooperate with the United States in the elimina-
44    tion of road hazards, whether of a physical, visual or mental character.
45        (20) The department shall place and maintain traffic-control devices, con-
46    forming  to  the board's manual and specifications, upon all state highways as
47    it shall deem necessary to indicate and to carry out the  provisions  of  this
48    title  or  to regulate, warn, or guide traffic. No local authority shall place
49    or maintain any traffic-control device upon any highway under the jurisdiction
50    of the department except by the latter's  permission, except  where  the  duly
51    elected  officials of an incorporated city have established speed limits lower
52    than those set by the department on the portion of state  highways,  excluding
53    controlled  access  and  interstate  highways,  that pass through residential,
54    urban or business districts within  the jurisdiction of the incorporated city.
55    The placement and maintenance of such a traffic  control  device  by  a  local


                                          9

 1    authority shall be made according to the board's manual and specifications for
 2    a uniform system of traffic control devices.
 3        (21) The  department  may  conduct an investigation of any bridge or other
 4    elevated structure constituting a part of a highway, and if it shall find that
 5    the structure cannot with safety to itself withstand vehicles traveling  at  a
 6    speed  otherwise permissible under this title, shall determine and declare the
 7    maximum speed of vehicles which the structure can safely withstand, and  shall
 8    cause  or  permit  suitable  signs stating the maximum speed to be erected and
 9    maintained before each end of the structure.
10        (22) Whenever the department shall determine on the basis of an  engineer-
11    ing  and  traffic  investigation that slow speeds on any highway or part of  a
12    highway impede the normal and reasonable movement of traffic,  the  department
13    may  determine  and  declare a minimum speed limit below which no person shall
14    drive a vehicle except when necessary for safe operation or in compliance with
15    law, and that limit shall be effective when posted upon appropriate  fixed  or
16    variable  signs, except in cases where the duly elected officials of an incor-
17    porated city have established speed  limits  lower   than  those  set  by  the
18    department  on  portions  of  state  highways, excluding controlled access and
19    interstate highways, that pass through residential,  urban  or  business  dis-
20    tricts within the jurisdiction of the incorporated city.
21        (23) The  department shall regulate or prohibit the use of any controlled-
22    access highway by any class or kind of traffic which is found to be incompati-
23    ble with the normal and safe movement of traffic.
24        (24) The department shall erect and maintain  traffic-control  devices  on
25    controlled-access highways on which any prohibitions are applicable.
26        (25) Wherever  a highway crosses one  (1)  or more railroads at
27    grade, the department or local authorities within their  respective  jurisdic-
28    tions  shall  place  and  maintain  stop  signs,  directing  vehicular traffic
29    approaching the crossing to come to a full stop prior to entering the crossing
30    at all railroad crossings where electric or mechanical warning signals do  not
31    exist.  Placement  of  these  stop signs shall be mandatory except when in the
32    determination of public highway agencies the existence  of  stop  signs  at  a
33    given crossing would constitute a greater hazard than their absence based on a
34    recognized engineering study.
35        Nothing  in this subsection shall be construed as granting immunity to any
36    railroad company as to liability, if any, for an accident which might occur at
37    a crossing where stop signs are erected and in place, but liability,  if  any,
38    shall  be determined as provided by law. Liability on the part of governmental
39    authorities on account of absence of any stop sign  at  a  crossing  shall  be
40    determined as provided by law.
41        (26) The  department  and  local  authorities  are authorized to determine
42    those portions of any highway under their respective jurisdictions where over-
43    taking and passing or driving on the left side of the roadway would  be  espe-
44    cially hazardous and may by appropriate signs or markings on the roadway indi-
45    cate  the  beginning and end of those  zones and when signs or markings are in
46    place and clearly visible to an ordinarily observant  person, every driver  of
47    a vehicle shall obey those directions.
48        (27) The  department  and  local authorities in their respective jurisdic-
49    tions may in their discretion issue special permits authorizing the  operation
50    upon a highway of traction engines or  tractors  having  movable  tracks  with
51    transverse corrugations upon the periphery of the movable tracks or farm trac-
52    tors  or  other  farm  machinery, the operation of which upon  a highway would
53    otherwise be prohibited under this title or title 40, Idaho Code.
54        (28) The department and local highway authorities within their  respective
55    jurisdictions may place official traffic-control devices prohibiting, limiting


                                          10

 1    or  restricting  the  stopping, standing or parking of vehicles on any highway
 2    where such stopping, standing or parking is dangerous to those using the high-
 3    way or where the stopping, standing or parking of vehicles  unduly  interferes
 4    with the free movement of traffic thereon.
 5        (29) On  any  informational  material printed after July 1, 1995, by or at
 6    the order of the department and distributed to counties, school  districts  or
 7    individuals  for  the  purpose  of  assisting  a person to successfully pass a
 8    driver's license test, the department shall include material about the state's
 9    open range law and responsibilities, liabilities and  obligations  of  drivers
10    driving in the open range.

11        SECTION  7.  That  Chapter  2,  Title  49, Idaho Code, be, and the same is
12    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
13    known and designated as Section 49-234, Idaho Code, and to read as follows:

14        49-234.  AUTHORITY TO CONDUCT SAFETY INSPECTIONS AND COMPLIANCE REVIEWS OF
15    MOTOR  CARRIERS  -- ADOPTION OF RULES -- CONTRACTING. (1)  The director of the
16    Idaho transportation department or his authorized agent shall  conduct  safety
17    inspections  and  compliance reviews and inspect motor carriers for compliance
18    with federal motor carrier safety and hazardous materials regulations and  for
19    compliance  with  applicable Idaho laws and such rules as are adopted pursuant
20    to this section.
21        (2)  The Idaho transportation board shall promulgate rules to provide  for
22    the safe operation of motor carriers and for the inspection of records, books,
23    papers and documents relating to safety management systems or program and com-
24    pliance  with  the federal safety fitness standard. The board is authorized to
25    adopt temporary rules as necessary.
26        (3)  The director is authorized to contract with or enter into  agreements
27    with other agencies or entities to conduct safety inspections.

28        SECTION  8.  That  Section  49-235, Idaho Code, be, and the same is hereby
29    repealed.

30        SECTION 9.  That Chapter 2, Title 49, Idaho Code,  be,  and  the  same  is
31    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
32    known and designated as Section 49-235, Idaho Code, and to read as follows:

33        49-235.  INSPECTION OF MOTOR CARRIERS -- EXEMPTIONS  --  CERTIFICATION  OF
34    REPAIR -- COMPLIANCE REVIEW -- PENALTIES. (1) All motor carriers, except those
35    exempted  under  the provisions of subsection (2) of this section, are subject
36    to compliance review and inspection by  authorized  transportation  department
37    employees for compliance with federal motor carrier safety and hazardous mate-
38    rials  regulations  and  for  compliance  with applicable Idaho laws and rules
39    adopted pursuant to the provisions of section 49-234, Idaho Code. A motor car-
40    rier shall submit any vehicle to a safety inspection when requested to  do  so
41    by  an  authorized  transportation department employee. Such inspections shall
42    comply, to the extent possible, with national and industry standards for truck
43    inspections and truck safety as adopted by the commercial vehicle safety alli-
44    ance. A written inspection report shall be provided to the owner, operator  or
45    agent of the vehicle following any inspection review pursuant to this section.
46        (2)  The following intrastate motor carriers shall be exempt:
47        (a)  Motor  vehicles  employed  solely in transporting school children and
48        teachers to or from school or to and from approved school activities, when
49        the motor vehicles are either:
50             (i)  wholly owned and operated by such school, or


                                          11

 1             (ii) leased or contracted by such school and the motor vehicle is not
 2             used in the furtherance of any other commercial enterprise; or
 3        (b)  Taxicabs or other motor vehicles performing a licensed or  franchised
 4        taxicab service, having a seating capacity of not more than seven (7) pas-
 5        sengers  within  twenty-five (25) miles of the boundaries of the licensing
 6        or franchising jurisdiction; or
 7        (c)  Motor vehicles owned or operated by or on behalf of hotels  and  used
 8        exclusively  for  the  transportation  of hotel patrons between hotels and
 9        local railroads or airports or other common carrier stations; or
10        (d)  Motor vehicles controlled and operated by any farmer when used in the
11        transportation of his farm equipment or in the transportation of  supplies
12        to his farm; or
13        (e)  Motor vehicles used exclusively in the distribution of newspapers; or
14        (f)  Transportation  of persons or property by motor vehicle at an airport
15        when incidental to transportation by aircraft or other  transportation  in
16        substitution for scheduled airline service when the carrier cannot provide
17        the  scheduled service because of weather and/or mechanical conditions and
18        the transportation is arranged for and paid by the affected airlines; or
19        (g)  Transportation of persons and/or property, including mobile and modu-
20        lar houses manufactured with wheels and undercarriage as part of the  sub-
21        structure, but not transportation of other houses, buildings or structures
22        within a municipality or territory contiguous to such municipality if such
23        operation  outside  such  municipality  be  a part of a service maintained
24        within the limits of the municipality with the privilege  of  transfer  of
25        passengers to vehicles within the municipality without additional fare; or
26        (h)  The  transportation  of  agricultural products including fresh fruits
27        and vegetables, livestock, livestock feed or manure; or
28        (i)  Motor propelled vehicles for the  sole  purpose  of  carrying  United
29        States mail or property belonging to the United States; or
30        (j)  Motor carriers transporting products of the forest; or
31        (k)  Motor  carriers  transporting  products  of  the mine including sand,
32        gravel and aggregates thereof, except petroleum products; or
33        (l)  Motor carriers transporting household goods as defined by the federal
34        surface transportation board; or
35        (m)  Vehicles properly equipped, designed and  customarily  used  for  the
36        transportation  of  disabled  or  abandoned  vehicles by means of a crane,
37        hoist, tow bar, dolly or roll bed, which  vehicle  shall  be  known  as  a
38        "wrecker (tow truck)."
39        (3)  A motor carrier who has received a written inspection report prepared
40    pursuant  to  subsection  (1) of this section indicating that his vehicle does
41    not comply with applicable federal laws or regulations or Idaho laws or rules,
42    shall certify in writing to the  director or his designee within fifteen  (15)
43    days  of  his receipt of the inspection report that he has brought his vehicle
44    into compliance with said  laws, regulations or rules.  The  director  or  his
45    designee  may assess an administrative penalty to any person who does not com-
46    ply with the certification provisions of this section or  who  makes  a  false
47    certification.  The  penalty  shall  not exceed one hundred dollars ($100) for
48    failure to comply with an inspection report or for making a  false  certifica-
49    tion. If an assessment is contested, the director shall comply with the provi-
50    sions  governing contested cases under the administrative procedure act, chap-
51    ter 52, title 67, Idaho Code.
52        (4)  Any motor carrier subject to rules promulgated under  the  provisions
53    of  section  49-234,  Idaho  Code,  shall  submit  to a compliance review upon
54    request of the director or any officer designated  by  him  by  providing  for
55    inspection  or  copying  at any reasonable time the records, books, papers and


                                          12

 1    documents relating to the safety management systems or program of  such  motor
 2    carrier.
 3        (5)  Any  penalties  collected  pursuant to subsection (3) of this section
 4    shall be retained by the director to be used for motor carrier safety enforce-
 5    ment.

 6        SECTION 10.  That Section 49-401B, Idaho Code, be, and the same is  hereby
 7    amended to read as follows:

 8        49-401B.  APPLICATION  FOR  REGISTRATION  --  RECEIPT FOR FEE -- RECORD OF
 9    APPLICANTS. (1) Application for the registration of a vehicle required  to  be
10    registered  under the provisions of section 49-401A, Idaho Code, shall be made
11    to the assessor or the department as specified in that section, by  the  owner
12    upon  the appropriate form. Every application shall be signed by the owner and
13    contain his residence address and a brief description of  the  vehicle  to  be
14    registered,  including  the  name of the maker, the type of fuel used, and the
15    identification number. Upon registration of a  new  vehicle,  the  application
16    shall  also  show the date of sale by the manufacturer or dealer to the person
17    first operating such vehicle. The application shall contain any other informa-
18    tion as may be required by the department. The assessor  shall  issue  to  the
19    applicant  a  receipt  for any fee paid, and shall forward to the department a
20    duplicate copy of that receipt.
21        (2)  The assessor shall record on a form prescribed and furnished  by  the
22    department,  the  names  of  all owners of vehicles residing in the county who
23    make application for registration, together with the amounts of the fees  paid
24    by such owners.
25        (3)    When application for registration is made by any motor carrier
26    as defined in section 61-801, Idaho Code, or  by  any  interstate  carrier  as
27    defined  in  section 61-801A, Idaho Code, the assessor or the department shall
28    require each such applicant to exhibit a receipt for the payment of the  regu-
29    latory  fee  required  of  any motor carrier by section 61-811, Idaho Code, or
30    evidence of the payment of the registration  fee  of  any  interstate  carrier
31    required by section 61-802B and section 61-812, Idaho Code. The number and the
32    amount  paid  shall be noted on the application. Pursuant to the authority and
33    duty provided in section 61-811A, Idaho Code, each assessor  and  the  depart-
34    ment,  shall  when  the regulatory fees of motor carriers and the registration
35    fees of interstate carriers have not been paid prior to registration,  collect
36    such  regulatory  fees  for the public utilities commission. Each assessor and
37    the  department shall monthly submit a list of all carriers  paying  fees  and
38    remit  monthly all fees to the Idaho public utilities commission no later than
39    the tenth day of each month following collection.
40        (4)   Vehicles registered under the proportional registration provi-
41    sions of section 49-435, Idaho Code, shall be registered by the department.
42        ( 5  4 )  Every owner of a vehicle registered  by  a
43    county  assessor  shall  give  his principal residence or  domicle 
44     domicile  address to the assessor so that the proper county can be
45    entered upon the registration. Failure to do so shall be unlawful. The depart-
46    ment shall then attribute the registration, and all fees to be apportioned  to
47    the highway distribution account, to the county of residence regardless of the
48    county  in  which the registration occurred. Fees imposed under the provisions
49    of sections 40-827 and 40-1416, Idaho Code, shall be separately identified and
50    accounted for, and paid to the highway district for which collected.  For  the
51    purposes of vehicle registration, a person is an actual and permanent resident
52    of the county in which he has his principal residence or domicile. A principal
53    residence  or  domicile  shall not be a person's workplace, vacation, or 


                                          13

 1    part time   part-time  residence.
 2        ( 6  5 )  A violation of the provisions of this sec-
 3    tion shall be an infraction.

 4        SECTION 11.  That Section 49-1229, Idaho Code, be, and the same is  hereby
 5    amended to read as follows:

 6        49-1229.  REQUIRED  MOTOR  VEHICLE  INSURANCE.  (1) Every owner of a motor
 7    vehicle which is registered and operated in Idaho by the  owner  or  with  his
 8    permission  shall  continuously  provide insurance against loss resulting from
 9    liability imposed by law for bodily injury or death or damage to property suf-
10    fered by any person caused by maintenance or use of motor  vehicles  described
11    therein  in  a  n    amount  not less than that required by section
12    49-117, Idaho Code, and shall demonstrate the existence of any other  coverage
13    required  by  this  title  or  a  certificate  of self-insurance issued by the
14    department pursuant to section 49-1224, Idaho Code, for each motor vehicle  to
15    be registered.
16        (2)  A  motor vehicle owner who prefers to post an indemnity bond with the
17    director of the department of insurance in lieu of obtaining a policy of  lia-
18    bility  insurance may do so. Such bond shall guarantee that any loss resulting
19    from  liability imposed by law for bodily injury, death or damage to  property
20    suffered  by  any  person caused by accident and arising out of the operation,
21    maintenance and use of the motor vehicle sought to be registered shall be paid
22    within thirty (30) days. The indemnity bonds shall  guarantee  payment  in  an
23    amount  no less than fifty thousand dollars ($50,000) for any one (1) accident
24    of which fifteen thousand dollars ($15,000) is for property damage,  for  each
25    vehicle  registered  up  to  a  maximum of one hundred twenty thousand dollars
26    ($120,000) for five (5) or more vehicles.
27        (3)  Any bond given in connection with this chapter shall be, and shall be
28    construed to be, a continuing instrument and shall cover the period for  which
29    the  motor  vehicle  is to be registered and operated. Such bond shall be on a
30    form approved by the director of insurance with a surety company authorized to
31    do business in the state.
32        (4)   In addition to any motor vehicle insurance required by the pro-
33    visions of this chapter, any   A  motor carrier  operat-
34    ing under authority of a permit issued  by  the  public  utilities  commission
35      shall  continuously provide insurance against loss resulting from
36    liability imposed by law and shall  comply with the  insurance  require-
37    ments of section  61-804   49-1233 , Idaho Code.
38        (5)  It  is  an  infraction  punishable  by a fine of seventy-five dollars
39    ($75.00) for any person to violate the provisions of this section.

40        SECTION 12.  That Chapter 12, Title 49, Idaho Code, be, and  the  same  is
41    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
42    known and designated as Section 49-1233, Idaho Code, and to read as follows:

43        49-1233.  MOTOR CARRIER FINANCIAL RESPONSIBILITY --  EXEMPTIONS  --  BOARD
44    RULES.  (1)  Before  registering any motor carrier for transporting persons or
45    property, the department shall require verification  from  the  motor  carrier
46    that  it  has  obtained and has in effect liability and property damage insur-
47    ance, or has a surety bond written by an  insurer  licensed  to  furnish  such
48    insurance  in  this  state  or  by a surety company authorized to write surety
49    bonds in this state, or who qualifies as a self-insurer pursuant to the provi-
50    sions of section 49-1224, Idaho Code.
51        (2)  A motor carrier, unless exempted under the provisions  of  subsection


                                          14

 1    (3)  of  this  section,  shall file with the department proof of liability and
 2    property damage insurance, surety bond, or proof  of  self-insurance  in  such
 3    form  as the board shall prescribe. It shall be kept in full force and effect,
 4    and failure to do so shall be cause for revocation of the registration of  the
 5    motor carrier.
 6        (3)  Exemptions.  The  following intrastate motor carriers shall be exempt
 7    from the motor  carrier  liability  and  property  damage  insurance  coverage
 8    required herein by rule of the board:
 9        (a)  Motor  vehicles  employed  solely in transporting school children and
10        teachers to or from school or to and from approved school activities, when
11        the motor vehicles are either:
12             (i)   wholly owned and operated by such school, or
13             (ii)  leased or contracted by such school and the  motor  vehicle  is
14             not used in the furtherance of any other commercial enterprise; or
15        (b)  Taxicabs  or other motor vehicles performing a licensed or franchised
16        taxicab service, having a seating capacity of not more than seven (7) pas-
17        sengers within twenty-five (25) miles of the boundaries of  the  licensing
18        or franchising jurisdiction; or
19        (c)  Motor  vehicles  owned or operated by or on behalf of hotels and used
20        exclusively for the transportation of hotel  patrons  between  hotels  and
21        local railroads or airports or other common carrier stations; or
22        (d)  Motor vehicles controlled and operated by any farmer when used in the
23        transportation  of his farm equipment or in the transportation of supplies
24        to his farm; or
25        (e)  Motor vehicles used exclusively in the distribution of newspapers; or
26        (f)  Transportation of persons or property by motor vehicle at an  airport
27        when  incidental  to transportation by aircraft or other transportation in
28        substitution for scheduled  airline service when the carrier  cannot  pro-
29        vide the scheduled service because of weather and/or mechanical conditions
30        and  the transportation is arranged for and paid by the affected airlines;
31        or
32        (g)  Transportation of persons and/or property, including mobile and modu-
33        lar houses manufactured with wheels and undercarriage as part of the  sub-
34        structure, but not transportation of other houses, buildings or structures
35        within a municipality or territory contiguous to such municipality if such
36        operation  outside  such  municipality  be  a part of a service maintained
37        within the limits of the municipality with the privilege  of  transfer  of
38        passengers to vehicles within the municipality without additional fare; or
39        (h)  The  transportation  of  agricultural products including fresh fruits
40        and vegetables, livestock, livestock feed or manure; or
41        (i)  Motor propelled vehicles for the  sole  purpose  of  carrying  United
42        States mail or property belonging to the United States; or
43        (j)  Motor carriers transporting products of the forest; or
44        (k)  Motor  carriers  transporting  products  of  the mine including sand,
45        gravel and aggregates thereof, except petroleum products; or
46        (l)  Motor carriers transporting household goods as defined by the federal
47        surface transportation board; or
48        (m)  Vehicles properly equipped, designed and  customarily  used  for  the
49        transportation  of  disabled  or  abandoned  vehicles by means of a crane,
50        hoist, tow bar, dolly or roll bed, which  vehicle  shall  be  known  as  a
51        "wrecker (tow truck)."
52        (4)  The  board shall promulgate rules to implement the provisions of this
53    section, establishing by rule the amount of liability coverage to  be  carried
54    for  personal injury suffered by one (1) person while being transported in any
55    vehicle, any additional amounts for all persons receiving personal injury, and


                                          15

 1    such amount for damage to the property of any person other than  the  insured.
 2    The board is further authorized to adopt temporary rules as necessary.

 3        SECTION  13.  That Section 49-2206, Idaho Code, be, and the same is hereby
 4    amended to read as follows:

 5        49-2206.  ENFORCEMENT. (1) The provisions of this chapter  and  any  rules
 6    adopted  under  it  shall  be  enforced anywhere in the state by an authorized
 7    agent of the director or by any peace officer, except for  conservation  offi-
 8    cers of the department of fish and game. Such  authorized  officers
 9    may  detain and inspect any sealed or unsealed vehicle, container, or shipment
10    which contains or which they have reason to believe contains  hazardous  mate-
11    rial  or wastes while in transit or in maintenance facilities or terminals, or
12    on other public or private property to which the public has access, to  ascer-
13    tain  if  hazardous  materials or wastes are being loaded, unloaded, stored or
14    transported, and to inspect the contents, take samples thereof, and to  other-
15    wise  insure  compliance  with the provisions of this chapter and of all rules
16    adopted under  chapter 8, title 61    section  49-234  ,
17    Idaho  Code,  or  chapter  44,  title  39, Idaho Code. If a seal is opened for
18    inspection, the inspecting officer shall  reseal  any  vehicle,  container  or
19    shipment  prior  to  further transportation. Property used in violation of the
20    laws may be seized and used as evidence.
21        (2)  For the purposes of this chapter and  chapter  44,  title  39,  Idaho
22    Code,  the  transporter  is  responsible  for  the  clean up  
23    cleanup  of any hazardous material/hazardous waste discharge in, on  and
24    outside  the  vehicle,  or any one  (1)  or more of such locations,
25    that occurs during transportation and must take such action as may be required
26    so that the discharge no longer presents a hazard to public health, safety, or
27    the environment.
28        (3)  The board is authorized to suspend or revoke any permit  or  endorse-
29    ment  issued  pursuant  to  this chapter if it is determined that any material
30    provision of the permit or endorsement has been violated  or  if  the  driver,
31    owner,  lessee,  or custodian of a permitted vehicle has been convicted of two
32    (2) or more violations within a calendar year of any combination  of  statutes
33    or  rules relative to hazardous materials or hazardous waste. In any action to
34    suspend or revoke, the board shall comply with  the  procedures  specified  in
35    chapter  52,  title  67, Idaho Code. Should the board have reasonable cause to
36    believe that there exists any immediate danger to the public health, safety or
37    environment, it may issue an emergency order suspending any permit or endorse-
38    ment granted under this chapter for a reasonable period not to exceed fourteen
39    (14) days.

40        SECTION 14.  That Section 49-2431, Idaho Code, be, and the same is  hereby
41    amended to read as follows:

42        49-2431.  RIDESHARING  EXEMPT  FROM MOTOR CARRIER LAWS. The following laws
43    and regulations shall not apply to any ridesharing arrangement using  a  motor
44    vehicle  with  a  seating  capacity  for  not  more than fifteen (15) persons,
45    including the driver:
46        (1)  Title  61   49 , Idaho Code, pertaining to  the
47    regulation of motor carriers of any kind or description ;   by
48    the public utilities commission; 
49        (2)  Laws  and regulations containing insurance requirements that are spe-
50    cifically applicable to motor carriers or commercial vehicles;
51        (3)  Laws imposing a greater standard of care on motor carriers or commer-


                                          16

 1    cial vehicles than that imposed on other drivers or   owners  of  motor  vehi-
 2    cles;
 3        (4)  Laws and regulations with equipment requirements and special accident
 4    reporting requirements that are specifically   applicable to motor carriers or
 5    commercial vehicles; and
 6        (5)  Laws  imposing  a  tax  on fuel purchased in another state by a motor
 7    carrier or highway use fees on commercial buses.

 8        SECTION 15.  That Section 61-335, Idaho Code, be, and the same  is  hereby
 9    amended to read as follows:

10        61-335.  APPROVAL  OF  CARRIER  AGREEMENTS.  (1)  Any  common  carrier, as
11    defined in section 61-113, Idaho Code,  or section  61-801,  Idaho  Code,
12      which is a party to an agreement between or among two (2) or more com-
13    mon carriers or is a participant in tariffs or publications participated in by
14    two (2) or more common carriers, relating to  rates,  fares,  classifications,
15    divisions,  allowances  or  charges (including charges between common carriers
16    and compensation paid or received from the use of facilities  and  equipment),
17    or  rules    and regulations  pertaining thereto, or procedures for
18    the joint consideration, initiation or establishment thereof, may, under  such
19    rules    and regulations  as the commission may prescribe, apply to
20    the commission for approval of any agreement, or publishing procedure, and the
21    commission may by an appropriate order approve any such agreement, or publish-
22    ing procedure, if the approval thereof is not prohibited by subsection  s
23      (5) ,   or  (6)  or (7)  of this sec-
24    tion. The approval of the commission shall be granted only upon such terms and
25    conditions as the commission may prescribe as necessary to enable it to  grant
26    its approval in accordance with this section.
27        (2)  Each conference, bureau, committee, or other organization established
28    or  continued,  pursuant to any agreement approved by the commission under the
29    provisions of this section, shall maintain such records, files  and  memoranda
30    as  may be prescribed by the commission, and all such records, files and memo-
31    randa shall be subject to inspection by the commission or its duly  authorized
32    representatives.
33        (3)  Conferences,  bureaus, committees, or other organizations referred to
34    in this act, may be either carrier or noncarrier owned or controlled.
35        (4)  Any member of such conference, bureau, committee, or other  organiza-
36    tion may serve on any committee or such conference, bureau, or other organiza-
37    tion.
38        (5)    The  commission  shall  not  approve,  under this section, any
39    agreement between a motor common carrier and a rail common carrier  unless  it
40    finds  that  such an agreement is of the character described in subsection (1)
41    of this section and is limited to matters  relating  to  transportation  under
42    joint rates or over through routes.
43        (6)    The  commission  shall  not  approve, under this section, any
44    agreement which it finds is an agreement with respect to pooling, division  of
45    traffic, service, or earnings.
46        (  7    6 )  The commission shall not approve, under
47    this section, any agreement which establishes a procedure for  the  determina-
48    tion  of any matter through joint consideration unless it finds that under the
49    agreement there is accorded to each party the free and unrestrained  right  to
50    take independent action either before or after any determination is arrived at
51    under such procedure.
52        ( 8  7 )  The commission may, upon complaint or upon
53    its  own  initiative  without complaint, investigate and determine whether any


                                          17

 1    agreement previously approved by it under this section, or any terms and  con-
 2    ditions  upon  which such approval is granted, is in conformity with this sec-
 3    tion or whether any such terms and conditions are not necessary  for  purposes
 4    of  conformity  with  this section. After investigation, the commission may by
 5    order terminate or modify its approval of such  agreement  if  it  finds  such
 6    action  necessary  to  insure conformity with such standards, and shall modify
 7    the terms and conditions upon which such approval was granted to the extent it
 8    finds necessary to insure conformity with this section or to the extent  which
 9    it  finds  such  terms and conditions are not necessary to insure such confor-
10    mity. The effective date of any order terminating or  modifying  approval,  or
11    modifying  any  terms  and conditions, shall be postponed for such a period as
12    the commission determines to be reasonably necessary to avoid undue hardship.
13        ( 9  8 )  No order shall be entered, under this sec-
14    tion, except after interested parties have been afforded  reasonable  opportu-
15    nity for hearing.
16        (  10  9 )  The parties to any agreement approved by
17    the commission under this section and other persons are, if  the  approval  of
18    such agreement is not prohibited by subsection s  (5) , 
19      or   (6)  or (7)  of this section, hereby relieved and
20    exempted from the operation of the Idaho antitrust laws with respect  to  such
21    agreement  and  with respect to the carrying out of such agreements in confor-
22    mity with the provisions of any terms and conditions prescribed by the commis-
23    sion. The Idaho antitrust laws exempted therefrom  specifically  include  sec-
24    tions  48-101  through  48-119,  Idaho Code, or any other statutes prohibiting
25    monopolies, price fixing, or restraint of trade.
26        (1 1  0 ) Any action of the commission,  under  this
27    section,  in  approving  an  agreement  or  denying  an  application  for such
28    approval, or in terminating or modifying its approval of an agreement,  or  in
29    prescribing  the  terms  and  conditions  upon  which  this  approval is to be
30    granted, or in modifying such terms and conditions, shall be construed as hav-
31    ing effect  solely with reference to the applicability of  subsection  (1)  of
32    this section.

33        SECTION  16.  That Section 61-1001, Idaho Code, be, and the same is hereby
34    amended to read as follows:

35        61-1001.  ANNUAL FEES PAYABLE TO COMMISSION BY PUBLIC UTILITIES   AND
36    MOTOR CARRIERS  -- PURPOSE. Each public utility and each railroad corpo-
37    ration, subject to the jurisdiction of the commission, and subject to the pro-
38    visions of this act, shall pay to the commission in each year, a special regu-
39    latory  fee  in  such  amount as the commission shall find and determine to be
40    necessary, together with the amount of all other fees paid or payable  to  the
41    commission by each such public utility and railroad corporation in the current
42    calendar  year,   together with the fees collected by the commission from
43    motor carriers under chapter 8, title 61, Idaho Code,    to  defray  the
44    amount  to be expended by the commission for expenses in supervising and regu-
45    lating the public utilities ,   and   railroad  corpora-
46    tions   and motor carriers  subject to its jurisdiction, except for
47    salaries and related payroll expenses for the commissioners.

48        SECTION 17.  That Section 61-1002, Idaho Code, be, and the same is  hereby
49    amended to read as follows:

50        61-1002.  EXPENDITURE  -- DETERMINATION -- APPORTIONMENT -- APPROPRIATION.
51    At each regular session, the legislature shall determine the amount  of  money


                                          18

 1    to be expended by the commission during the next ensuing fiscal  biennium
 2       year  and shall appropriate a sufficient amount from the general fund
 3    for the payment of administrative personnel costs. The remaining amount to  be
 4    appropriated  shall  be  defrayed  out  of  fees  to  be  paid  by such public
 5    utilities ,   and  railroad corporations  and motor
 6    carriers  out of the "Public Utilities Commission Fund," as  hereinafter
 7    provided.

 8        SECTION  18.  That Section 61-1008, Idaho Code, be, and the same is hereby
 9    amended to read as follows:

10        61-1008.  PUBLIC UTILITIES COMMISSION FUND -- CREATION -- APPROPRIATION --
11    DISPOSITION OF SURPLUS. The state treasurer shall  be  custodian  of  a  fund,
12    which  is  hereby  created,  to  be  known as the "Public Utilities Commission
13    Fund," into which shall be paid and deposited all funds accruing  or  received
14    under  any  and  all provisions of this  act   chapter ,
15    and all fees, licenses,  charges,  assessments,  fines  and  penalties,  
16    including fees collected from motor carriers under the provisions of title 61,
17    chapter 8, Idaho Code,  now or hereafter payable to, collected or recov-
18    ered by the commission under any other law of this state, and all funds other-
19    wise  appropriated  or  made  available to said fund. All moneys from whatever
20    source accruing to and received into said fund are hereby appropriated, within
21    the limits of funds determined therefor by the legislature, for the payment of
22    the administrative and maintenance expenses of the commission, including sala-
23    ries and wages of the commissioners and employees,  travel,  supplies,  equip-
24    ment,  fixed  charges, refunds of fees and all other necessary expenses of the
25    commission, not otherwise provided for; moneys  shall  be  paid  out  of  said
26    "Public  Utilities  Commission  Fund"  by  the state treasurer only upon claim
27    vouchers prepared and approved by the commission, certified by  the  president
28    of  the  commission  to  the state controller who, after audit as provided  by
29    law, shall draw his warrant against said "Public  Utilities  Commission  Fund"
30    for  all  such  claims. Any moneys collected under this  act  
31    chapter  remaining in said "Public Utilities Commission Fund" at the end
32    of any fiscal year, shall be retained in said fund for the use of the  commis-
33    sion  for the purposes specified in this  act   section 
34    and shall be credited ratably by the commission  to  the  respective  railroad
35    corporations,  other  public utilities subject to the provisions of this 
36    act   chapter  according to the respective portions  of  such
37    fees determined hereunder to be assessable against each such railroad corpora-
38    tion  and other public utility, respectively, for the ensuing fiscal year, and
39    the respective fee assessed against each of them, respectively, for such ensu-
40    ing fiscal year shall be correspondingly reduced; provided that,  only  moneys
41    paid  under  the  provisions  of this  act   chapter  by
42    railroad corporations and other public utilities shall be considered in deter-
43    mining the surplus to be so credited  by the commission.

44        SECTION 19.  That Section 61-1009, Idaho Code, be, and the same is  hereby
45    amended to read as follows:

46        61-1009.  LEGISLATIVE  INTENT.  The  legislature  hereby declares that the
47    purpose and intent of this  act   chapter  is to provide
48    that expenses for personnel costs for administration of the  commission  shall
49    be  appropriated from the general fund and that the remaining expenses for the
50    supervision and regulation of railroad corporations ,      and
51      other public utilities  and motor carriers  shall be appro-


                                          19

 1    priated from fees imposed upon public utilities , motor  carriers  
 2    and railroad corporations so supervised and regulated.

 3        SECTION  20.  That Section 61-1118, Idaho Code, be, and the same is hereby
 4    amended to read as follows:

 5        61-1118.  ADMINISTRATIVE FEES. The commission shall charge and collect the
 6    following fees and none other, in the administration of this act:
 7    Applications   for  a  certificate  shall be  accompanied  by  an  application
 8      fee of ..............................................................$150.00
 9    Application for transfer of a certificate ............................. 150.00
10    Application for the assignment of a certificate ....................... 150.00
11    Application for the issuance of a duplicate certificate ...............  25.00
12    Application for certificate reinstatement ............................. 150.00
13    Application for certificate suspension ................................  50.00
14    Annual registration of certificate authority .......................... 100.00
15    Application for a temporary certificate ............................... 150.00
16        The fees as provided above shall be  disposed of in  accordance  with
17    the  provisions  of  section 61-813, Idaho Code   paid to the state
18    treasurer and shall be  credited  to  the  public  utilities  commission  fund
19    .

20        SECTION  21.  That Section 67-2905, Idaho Code, be, and the same is hereby
21    amended to read as follows:

22        67-2905.  POWERS AND DUTIES OF THE IDAHO  STATE  POLICE.  Members  of  the
23    Idaho state police shall have the power and it shall be their duty to:
24        a.  enforce all of the penal and regulatory laws of the state;
25        b.  prevent and detect crime and apprehend criminals and maintain order;
26        c.  require  all  persons  using  the highways in the state to do so care-
27    fully, safely, and with the exercise of care for  the  persons,  property  and
28    safety of others;
29        d.  safeguard  and  protect the surface and other physical portions of the
30    state highways and enforce any laws for highway safety;
31        e.   enforce federal statutes and regulations relating to motor  car-
32    rier safety and hazardous materials for interstate carriers;
33        f.  enforce  Idaho  statutes and rules of the Idaho transportation depart-
34    ment applicable to motor carriers;
35        g.   enforce all of the laws of the state enacted for the  identifi-
36    cation,  inspection  and transportation of livestock and all laws of the state
37    designed to prevent the theft of livestock;
38         f  h .  regulate traffic on all highways and  roads
39    in the state;
40          g  i .  perform all of the duties and exercise all
41    of the powers of peace officers vested in the director of  the  department  of
42    law enforcement;
43          h  j .  execute and serve any warrant of arrest or
44    search warrant issued by proper authority of the state, according to the tenor
45    thereof, in any part of the state;
46         i  k .  arrest without warrant, any person  commit-
47    ting  or  attempting to commit in their presence or view a breach of the peace
48    or any other violation of any of the laws of the state;
49         j  l .  members of the Idaho state police shall  be
50    subject  to  the  call of the governor and are empowered to cooperate with any
51    other department or authority of the state, with counties and  municipalities,


                                          20

 1    or  any locality in detecting crime, apprehending criminals and preserving law
 2    and order throughout the state; but the Idaho state police shall not  be  used
 3    as  a posse in any municipality, except when ordered by the governor to do so;
 4    provided nothing herein contained shall be construed to vest direction or con-
 5    trol over any sheriff, policeman, marshal or  constable  in  the  Idaho  state
 6    police or any employer or officer thereof;
 7         k  m .  each member of the Idaho state police shall
 8    take  and  subscribe to an oath of office to support the constitution and laws
 9    of the United States and the state of Idaho, and to  honestly  and  faithfully
10    perform  the duties imposed upon him under the provisions of the laws of Idaho
11    as a member of the Idaho state police. The oath of the superintendent shall be
12    filed with the secretary of state, and the oaths of all other members with the
13    superintendent.

14        SECTION 22.  That Section 67-2917, Idaho Code, be, and the same is  hereby
15    amended to read as follows:

16        67-2917.  HAZARDOUS WASTE. Wherever hazardous waste, as defined in section
17    39-4403,  Idaho  Code, is being transported within the state, within the state
18    to without the state, or from without the state to within the state, the oper-
19    ator or owner of the motor vehicle or trailer, as defined in chapter 1,  title
20    49,  Idaho  Code,  transporting  hazardous waste is hereby required to stop at
21    such ports of entry or checking stations and submit to inspection or  weighing
22    for  compliance  with the laws of the state of Idaho. Additionally, such owner
23    or operator of the motor vehicle or trailer transporting  hazardous  waste  is
24    hereby  required  and  directed to allow employees of the department of health
25    and welfare,  the public utilities  commission      authorized
26    Idaho  transportation  department  employees  or the state police or any
27    peace officer on duty to inspect and review all manifests and bills of  lading
28    to  ensure  that  such hazardous waste is being shipped in a manner which will
29    not endanger the health, welfare or safety of the citizens  of  the  state  of
30    Idaho  and  is being shipped in compliance with the laws of the state of Idaho
31    and any rules promulgated pursuant thereto.

32        SECTION 23.  LEGISLATIVE INTENT.  It is the intent of the Legislature that
33    all moneys appropriated to and encumbered by the Public  Utilities  Commission
34    for the regulation of motor carriers as of June 30, 1998, shall be transferred
35    to the Idaho Transportation Department. Six (6) classified employee positions,
36    and  the  funding associated with those positions, for the regulation of motor
37    carriers by the Public Utilities Commission as of  June  30,  1998,  shall  be
38    transferred to the Idaho Transportation Department.

Statement of Purpose / Fiscal Impact


    





                   REPRINT            REPRINT            REPRINT     
    
                          STATEMENT OF PURPOSE
    
                               RS 07672A2
    
   This legislation removed the Idaho Public Utilities 
    Commission (IPUC) from regulation of the motor carrier 
    (trucking) industry and placed the administration of 
    insurance verification and safety inspection with the Idaho 
    Transportation Department (ITD). The transportation 
    department will integrate these programs with similar 
    existing ones dedicated to the one-stop shop for the motor 
    carrier industry.
    
   The IUPC operating authority fee would be repealed, bringing 
    Idaho better into compliance with federal deregulation of 
    motor carrier operations, similar to what other states have 
    already done. The insurance filings for intrastate motor 
    carriers would be replaced with an annual certification of 
    insurance at the time of registration or renewal, covered by 
    a single fee to ITD of no more than $2.00 per vehicle, which 
    will also cover the costs of administering the safety 
    program. Interstate trucks would also pay a fee of up to 
    $2.00 per vehicle.
    
                               FISCAL NOTE
    
   There is no impact on the general fund. This legislation 
    eliminates the revenue received by the IPUC from motor 
    carriers. Assuming that IPUC has set its fees for motor 
    carriers in accordance with its cost to regulate that 
    industry, the elimination of those fees will be offset by 
    the reduction in its costs.
    
   Motor carrier fees paid to IPUC, beyond the direct costs of 
    regulating the motor carrier industry, also contribute to 
    supporting fixed costs of the agency, as commissioner 
    salaries and overhead costs. While railroad and utilities 
    fees also support these fixed costs, it is estimated that 
    the impact to the public utilities commission fund by this 
    legislation would be approximately $215,000. For the first 
    year this revenue is not available to the fund, the amount 
    could be absorbed using IPUC's $2.9 million free-fund 
    balance. For subsequent years, overhead costs could be 
    reduced and other fees could be increased.
    
    CONTACT: Rep. JoAn Wood
             208/332-1000
    
    
    
    
    H697aa