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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
H0697|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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"COMPLIANCE REVIEW"; AMENDING SECTION 49-114, IDAHO CODE, 10 TO DEFINE "MOTOR CARRIER" AND TO DELETE REFERENCE TO A REPEALED CODE SEC- 11 TION; AMENDING SECTION 49-202, IDAHO CODE, TO PROVIDE A FEE FOR CERTIFICA- 12 TION OF MOTOR CARRIER LIABILITY INSURANCE, TO DELETE REFERENCE TO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-14nated in subsection (1) of this section shall be agents of the Idaho transpor-15tation department and the public utilities commission for the purpose of col-16lecting regulatory and registration fees pursuant to sections 61-811 and1761-812, Idaho Code, and for collecting fees and permits pursuant to chapter 4,18title 49, Idaho Code, which fees have not otherwise been lawfully paid by19transporters to the public utilities commission, the Idaho transportation20department or a county assessor in this state and for issuing permits pursuant21to section 49-22202, Idaho Code. All moneys collected by the department's22employees as agents of the Idaho transportation department and the public23utilities commission shall be remitted to the state treasurer for deposit in24the 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 to28title 61, Idaho Code, and violations pursuant totitle 49, Idaho Code, 29 and violations to any rulesand regulationsissued pursuant to 30any of the aforementioned codesections31 49-234, Idaho Code . 32 (3) All actions brought for violations of the provisions of 33 this chapter or rulesand regulationspromulgated pursuant 34 thereto shall be brought as provided for in this chapter. All actions brought 35 for violations of the provisions oftitle 61, Idaho Code, or of36 title 49, Idaho Code, shall be brought as provided inthose37 that titles. 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; and8(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 (112 ) "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 (123 ) "Conviction" means the person has pled 35 guilty or has been found guilty, notwithstanding the form of the judgment or 36 withheld judgment. 37 (134 ) "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 (101 ) "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 (112 ) "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 (123 ) "Motor number." (See "Identifying number", 46 section 49-110, Idaho Code) 47 (134 ) "Motor vehicle." (See "Vehicle", section 48 49-123, Idaho Code) 49 (145 ) "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 in53section 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 (156 ) "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) Whenevera motor carrier as defined in section 61-801, Idaho6Code, has his permit revoked for any cause except at the request of the7permit holder, as provided in section 61-808, Idaho Code, or whenever8an interstate carrier 'shas his registration9revoked by reason of a revocation of his interstate commerce commission10federal 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 carrier26as defined in section 61-801, Idaho Code, or by any interstate carrier as27defined in section 61-801A, Idaho Code, the assessor or the department shall28require each such applicant to exhibit a receipt for the payment of the regu-29latory fee required of any motor carrier by section 61-811, Idaho Code, or30evidence of the payment of the registration fee of any interstate carrier31required by section 61-802B and section 61-812, Idaho Code. The number and the32amount paid shall be noted on the application. Pursuant to the authority and33duty provided in section 61-811A, Idaho Code, each assessor and the depart-34ment, shall when the regulatory fees of motor carriers and the registration35fees of interstate carriers have not been paid prior to registration, collect36such regulatory fees for the public utilities commission. Each assessor and37the department shall monthly submit a list of all carriers paying fees and38remit monthly all fees to the Idaho public utilities commission no later than39the 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 (54 ) Every owner of a vehicle registered by a 43 county assessor shall give his principal residence ordomicle44 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, or13 1part timepart-time residence. 2 (65 ) 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-33visions of this chapter, anyA motor carrieroperat-34ing under authority of a permit issued by the public utilities commission35shall continuously provide insurance against loss resulting from 36 liability imposed by law and shall comply with the insurance require- 37 ments of section61-80449-1233 , 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 underchapter 8, title 61section 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 theclean up23 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) Title6149 , Idaho Code, pertaining to the 47 regulation of motor carriers of any kind or description ;by48the 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,12which 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 rulesand regulationspertaining thereto, or procedures for 18 the joint consideration, initiation or establishment thereof, may, under such 19 rulesand regulationsas 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 subsections23(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, any39agreement between a motor common carrier and a rail common carrier unless it40finds that such an agreement is of the character described in subsection (1)41of this section and is limited to matters relating to transportation under42joint 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 (76 ) 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 (87 ) 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 (98 ) No order shall be entered, under this sec- 14 tion, except after interested parties have been afforded reasonable opportu- 15 nity for hearing. 16 (109 ) 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 subsections(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 (110 ) 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 UTILITIESAND36MOTOR 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 from43motor 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 tionsand motor carrierssubject 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 fiscalbiennium2year 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 corporationsand motor6carriersout 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 thisactchapter , 15 and all fees, licenses, charges, assessments, fines and penalties,16including fees collected from motor carriers under the provisions of title 61,17chapter 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 thisact31 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 thisactsection 34 and shall be credited ratably by the commission to the respective railroad 35 corporations, other public utilities subject to the provisions of this36actchapter 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 thisactchapter 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 thisactchapter 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 utilitiesand motor carriersshall be appro- 19 1 priated from fees imposed upon public utilities, motor carriers2 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 bedisposed of in accordance with17the provisions of section 61-813, Idaho Codepaid 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; 38fh . regulate traffic on all highways and roads 39 in the state; 40gi . 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; 43hj . 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; 46ik . 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; 49jl . 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; 7km . 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 commissionauthorized 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.
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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