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HOUSE BILL NO. 757
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H0757...............................................by REVENUE AND TAXATION
HIGHWAYS - OFF-HIGHWAY VEHICLES - Adds to and amends existing law to
provide for designation of highways or portions thereof for combined use by
both regular vehicles and off-highway vehicles and to establish
restrictions on operation of off-highway vehicles.
02/20 House intro - 1st rdg - to printing
02/23 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 757
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO RECREATIONAL ACTIVITIES; AMENDING SECTION 49-102, IDAHO CODE, TO
3 REVISE THE DEFINITION OF "ALL-TERRAIN VEHICLE" AND TO MAKE TECHNICAL COR-
4 RECTIONS; AMENDING SECTION 67-7101, IDAHO CODE, TO REVISE THE DEFINITION
5 OF "ALL-TERRAIN VEHICLE," TO DEFINE "DIRECT SUPERVISION," TO REDEFINE
6 "HIGHWAY," TO DEFINE "OFF-HIGHWAY VEHICLE," TO REVISE THE DEFINITION OF
7 "OPERATOR" AND TO REMOVE THE DEFINITION OF "PUBLIC ROADWAY" AND TO MAKE
8 TECHNICAL CORRECTIONS; AMENDING SECTION 67-7109, IDAHO CODE, TO PROVIDE
9 PROPER TERMINOLOGY, TO PROVIDE FOR DESIGNATION OF A HIGHWAY OR PORTION
10 THEREOF FOR COMBINED USE BY REGULAR VEHICLES AND OFF-HIGHWAY VEHICLES, TO
11 PROVIDE FOR SIGNING AND POSTING OF NOTICE, TO PROVIDE THAT OFF-HIGHWAY
12 VEHICLES SHALL BE SUBJECT TO SPECIFIED PROVISIONS OF LAW AND TO PROVIDE
13 CERTAIN EXCEPTIONS; AMENDING SECTION 67-7110, IDAHO CODE, TO PROVIDE ADDI-
14 TIONAL RESTRICTIONS ON THE OPERATION OF OFF-HIGHWAY VEHICLES; AMENDING
15 SECTION 67-7122, IDAHO CODE, TO PROVIDE FOR REGISTRATION OF OFF-HIGHWAY
16 VEHICLES EXCEPT SNOWMOBILES AND TO PROVIDE AN EXCEPTION TO REGISTRATION
17 REQUIREMENTS UNDER CHAPTER 4, TITLE 49, IDAHO CODE; AMENDING CHAPTER 71,
18 TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-7134, IDAHO
19 CODE, TO PROVIDE THAT OPERATORS OF OFF-HIGHWAY VEHICLES ARE SUBJECT TO
20 LAWS RELATING TO OPERATION OF A VEHICLE UNDER THE INFLUENCE OF ALCOHOL,
21 DRUGS OR OTHER INTOXICATING SUBSTANCES; AMENDING CHAPTER 71, TITLE 67,
22 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-7135, IDAHO CODE, TO PRO-
23 VIDE FOR TESTING BLOOD OF PERSONS KILLED IN OFF-HIGHWAY VEHICLE ACCIDENTS;
24 AND AMENDING CHAPTER 71, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW
25 SECTION 67-7136, IDAHO CODE, TO PROVIDE FOR REPORTING OF COLLISIONS, ACCI-
26 DENTS AND CASUALTIES IN CONNECTION WITH OPERATION OF AN OFF-HIGHWAY VEHI-
28 Be It Enacted by the Legislature of the State of Idaho:
29 SECTION 1. That Section 49-102, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 49-102. DEFINITIONS -- A.
32 (1) "Abandon" means to leave a vehicle on private property without the
33 permission of the person having rights to the possession of the property, or
34 on a highway or other property open to the public for the purposes of vehicu-
35 lar traffic or parking, or upon or within the right-of-way of any highway, for
36 twenty-four (24) hours or longer.
37 (2) "Abandoned vehicle" means any vehicle observed by an authorized offi-
38 cer or reported by a member of the public to have been left within the limits
39 of any highway or upon the property of another without the consent of the
40 property owner for a period of twenty-four (24) hours or longer, except that a
41 vehicle shall not be considered abandoned if its owner-operator is unable to
42 remove it from the place where it is located and has notified a law enforce-
43 ment agency and requested assistance.
1 (3) "Accident" means any event that results in an unintended injury or
2 property damage attributable directly or indirectly to the motion of a motor
3 vehicle or its load, a snowmobile or special mobile equipment.
4 (4) "Actual physical control" means being in the driver's position of a
5 motor vehicle with the motor running or the vehicle moving.
6 (5) "Administrator" means the federal highway administrator, the chief
7 executive of the federal highway administration, an agency within the U.S.
8 department of transportation.
9 (6) "Age of a motor vehicle" means the age determined by subtracting the
10 manufacturer's year designation of the vehicle from the year in which the des-
11 ignated registration fee is paid. If the vehicle has the same manufacturer's
12 year designation as the year in which the fee is paid, or if a vehicle has a
13 manufacturer's year designation later than the year in which the fee is paid,
14 the vehicle shall be deemed to be one (1) year old.
15 (7) "Air-conditioning equipment" means mechanical vapor compression
16 refrigeration equipment which is used to cool the driver's or passenger
17 's compartment of any motor vehicle.
18 (8) "Alcohol or alcoholic beverage" means:
19 (a) Beer as defined in 26 U.S.C. 5052(a), of the internal revenue code;
20 (b) Wine of not less than one-half of one per cent
21 percent (.005%) of alcohol by volume; or
22 (c) Distilled spirits as defined in section 5002(a)(8), of the internal
23 revenue code.
24 (9) "Alley" means a public way of limited use intended only to provide
25 access to the rear or side of lots or buildings in urban districts.
26 (10) "All - terrain vehicle" or "ATV" means any recreation
27 vehicle with two (2) or more tires, weighing under six hundred fifty
28 one thousand ( 65 1,00 0) pounds,
29 less than forty-eight fifty ( 48 50
30 ) inches in width, traveling on low pressure tires of less than
31 five ten ( 5 10 ) psi, and designed
32 to be ridden by one (1) person. Such vehicles shall be registered under the
33 provisions of section 49-402, Idaho Code, for operation on public highways,
34 unless exempted under the provisions of section 49-426, Idaho Code.
35 (11) "Amateur radio operator." (See "Radio operator, amateur ,
36 " , section 49-119, Idaho Code) .
37 (12) "Ambulance" means a motor vehicle designed and used primarily for the
38 transportation of injured, sick, or deceased persons, on stretchers, cots,
39 beds, or other devices for carrying persons in a prone position.
40 (13) "Applicant" means an individual who applies to obtain, transfer,
41 upgrade, or renew a driver's license.
42 (14) "Approved driver training course" means a training course from a
43 school licensed under the provisions of chapter 21 of this title.
44 (15) "Approved testing agency" means a person, firm, association, partner-
45 ship or corporation approved by the director of the department of law enforce-
46 ment which is:
47 (a) In the business of testing equipment and systems;
48 (b) Recognized by the director as being qualified and equipped to do
49 experimental testing; and
50 (c) Not under the jurisdiction or control of any single manufacturer or
51 supplier for an affected industry.
52 (16) "Armed forces" mean s the army, navy, marine corps, coast
53 guard and the air force of the United States.
54 (17) "Authorized emergency vehicle." (See "Vehicle , " ,
55 section 49-123, Idaho Code)
1 (18) "Authorized officer" means any member of the Idaho state police divi-
2 sion of the department of law enforcement, or any regularly employed and sala-
3 ried deputy sheriff, or other county employee designated to perform the func-
4 tion of removing abandoned vehicles or junk vehicles by the board of county
5 commissioners of the county in which a vehicle is located, or any regularly
6 employed and salaried city peace officer or other city employee designated to
7 perform the function of removing abandoned vehicles or junk vehicles by the
8 city council, or a qualified person deputized or appointed by the proper
9 authority as reserve deputy sheriff or city policeman, authorized within the
10 jurisdiction in which the abandoned vehicle or junk vehicle is located.
11 (19) "Authorized transportation department employee" means any employee
12 appointed by the board to perform duties relating to enforcement of vehicle
13 laws as have been specifically defined and approved by order of the board (see
14 section 40-510, Idaho Code).
15 (20) "Auto transporter" means a vehicle combination constructed for the
16 purpose of transporting vehicles.
17 SECTION 2. That Section 67-7101, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 67-7101. DEFINITIONS. In this chapter:
20 (1) "All - terrain vehicle (ATV)" means any recreation vehicle
21 with two (2) or more tires, under six hundred fifty one
22 thousand ( 65 1,00 0) pounds and less than
23 forty-eight fifty ( 48 50 ) inches
24 in width, traveling on low pressure tires, less than five
25 ten ( 5 10 ) psi, and designed to be ridden by
26 one (1) person.
27 (2) "Board" means the park and recreation board created under authority
28 of section 67-4221, Idaho Code.
29 (3) "Bona fide snowmobile program" means services or facilities as
30 approved by the department that will benefit snowmobilers such as snowmobile
31 trail grooming, plowing and maintaining snowmobile parking areas and facili-
32 ties, and trail signing.
33 (4) "Dealer" means any person who engages in the retail sales of or
34 rental of snowmobiles, motorbikes, or all - terrain vehicles.
35 (5) "Department" means the Idaho department of parks and recreation.
36 (6) "Designated parking area" means an area located, constructed, main-
37 tained, and signed with the approval of the land manager or owner.
38 (7) "Direct supervision" means that any person eighteen (18) years
39 of age or older who possesses a valid driver's license is within two hundred
40 (200) feet of or within a safe distance where the adult can supervise an unli-
41 censed operator during the unlicensed operator's operation of an off-highway
43 (8) "Director" means the director of the department of parks and
45 ( 8 9 ) "Highway." (See section 40-109, Idaho
46 Code , but excepting public roadway as defined in this section
47 ) .
48 ( 9 10 ) "Motorbike" means any self-propelled two
49 (2) or three (3) wheeled motorcycle or motor-driven cycle, excluding tractor,
50 designed for or capable of traveling off developed roadways and highways and
51 also referred to as trailbikes, enduro bikes, trials bikes, motorcross
52 motocross bikes or dual - purpose motorcycles.
53 (1 0 1 ) "Off-highway vehicle" means any mo-
1 torized device in, upon or by which any person may be transported and which is
2 operated off highway including, but not limited to, motorbikes, all-terrain
3 vehicles, snowmobiles, dune buggies and other vehicles intended for use off of
4 highways. The term does not include devices used exclusively upon stationary
5 rails, waterways, used as implements of husbandry, or vehicles not specifi-
6 cally designed for off-highway recreational use.
7 (12) "Operator" means any person who is in physical control of a
8 motorbike, all - terrain vehicle, off-highway vehicle
9 or snowmobile.
10 (1 1 3 ) "Owner" means every person holding record
11 title to a motorbike, all - terrain vehicle, or snowmobile and
12 entitled to the use or possession thereof, other than a lienholder or other
13 person having a security interest only.
14 (1 2 4 ) "Person" means an individual, partnership,
15 association, corporation, or any other body or group of persons, whether
16 incorporated or not, and regardless of the degree of formal organization.
17 (13) "Public roadway" means all portions of any highway which are
18 controlled by an authority other than the Idaho transportation department.
20 (1 4 5 ) "Snowmobile" means any self-propelled
21 vehicle under one thousand (1,000) pounds unladened gross weight, designed
22 primarily for travel on snow or ice or over natural terrain, which may be
23 steered by tracks, skis, or runners, and which is not otherwise registered or
24 licensed under the laws of the state of Idaho.
25 (1 5 6 ) "Vendor" means any entity authorized by
26 the department to sell recreational registrations.
27 (1 6 7 ) "Winter recreational parking locations"
28 mean s designated parking areas established and maintained with
29 funds acquired from the cross-country skiing account.
30 SECTION 3. That Section 67-7109, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 67-7109. PROHIBITION AGAINST HIGHWAY OPERATION -- EXCEPTIONS. No person
33 shall operate a snowmobile an off-highway vehicle
34 upon any highway or public roadway in this state, with the fol-
35 lowing exceptions:
36 (1) Properly numbered snowmobiles Off-highway vehicles
37 may cross, as directly as possible after a full and complete stop,
38 highways and public roadways, except controlled access highways,
39 provided that the crossing can be made in safety and that it does not inter-
40 fere with the free movement of vehicular traffic approaching from either
41 direction on the highway . or public roadway. It
42 shall be the responsibility of the operator of the snowmobile
43 off-highway vehicle to yield the right-of-way to all vehicular
44 traffic upon any highway or public roadway before crossing.
45 (2) Loading or unloading shall be done without causing a hazard to vehic-
46 ular traffic approaching from either direction on a highway .
47 or public roadway. Loading or unloading shall be accomplished
48 with regard to safety, at the nearest possible point to the area of operation.
49 (3) The prohibition against operating snowmobiles off-
50 highway vehicles upon highways and public roadways shall
51 not apply to any highway or public roadway drifted or covered
52 with snow or other debris to an extent that travel on it by other
53 motor vehicles is impractical or impossible.
1 (4) Snowmobiles Off-highway vehicles may be
2 operated on that portion of a highway or public roadway right-of-
3 way that is not maintained or utilized for the operation of conventional motor
5 (5) Local authorities may, by ordinance, specifically designate
6 public roadways upon which snowmobiles may be operated. Any local
7 or state authority or agency of the federal government or the director of the
8 Idaho department of parks and recreation may propose highway segments for con-
9 sideration by local authorities for designation as combined use highways used
10 by both motor vehicles and off-highway vehicles.
11 (6) Local, state or federal authorities may, by ordinance, resolution or
12 regulation, specifically designate highways upon which off-highway vehicles
13 may be legally operated. If a local or state authority or an agency of the
14 federal government finds that a highway or a portion thereof under its juris-
15 diction, is located in such a manner as to provide a connecting link between
16 off-highway vehicle trail segments, between an off-highway vehicle recre-
17 ational use area and necessary service facilities, or between lodging facili-
18 ties and an off-highway vehicle recreational facility, and if it is found that
19 the highway is designed and constructed so as to safely permit the use of both
20 regular vehicles and off-highway vehicles on that highway, the authority with
21 jurisdiction for that highway may designate that highway or any portion
22 thereof, for legal combined use. No interstate highway shall be designated for
23 combined use.
24 (7) The sheriff of the county or his designee may, for emergency reasons
25 based upon due cause and with regard to conditions then existing, temporarily
26 restrict segments of highways designated as combined use highways from use by
27 off-highway vehicles.
28 (8) No designation of any highway or portion thereof for combined use
29 shall become effective until appropriate signs or public notice has been
30 posted in a manner which meets the specifications and approval of the highway
31 agency with jurisdiction over the highway.
32 (9) The cost of signs and public notice may be eligible for reimbursement
33 from the off-road motor vehicle fund by expenditure of funds from a grant made
34 pursuant to section 57-1901, Idaho Code, or federal, state or county appropri-
35 ations authorized by law and administratively allocated for this purpose.
36 (10) Off-highway vehicles operating on highways designated as combined use
37 highways shall be exempt from the registration provisions of section 49-402,
38 Idaho Code, and from the provisions of chapter 9, title 49, Idaho Code, with
39 the exception of section 49-933, Idaho Code, relating to brakes, section
40 49-937, Idaho Code, relating to mufflers and section 49-962, Idaho Code,
41 relating to footrests on motorcycles and motor driven cycles.
42 (11) The operator of an off-highway vehicle shall be subject to the fol-
43 lowing provisions of law when operating an off-highway vehicle on a highway
44 designated for combined use:
45 (a) Chapter 6, title 49, Idaho Code, on rules of the road;
46 (b) Chapter 8, title 49, Idaho Code, on signs, signals and markings;
47 (c) Chapter 12, title 49, Idaho Code, on motor vehicle financial respon-
49 (d) Chapter 14, title 49, Idaho Code, on traffic enforcement and general
50 provisions; and
51 (e) Chapter 15, title 49, Idaho Code, on traffic infractions.
52 (12) No motorcycle driver's license endorsement shall be required for
53 those persons operating off-highway vehicles on highways designated for com-
54 bined use.
1 SECTION 4. That Section 67-7110, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 67-7110. RESTRICTIONS. It shall be unlawful for any person to drive or
4 operate any snowmobile off-highway vehicle :
5 (1) At a rate of speed greater than reasonable and prudent under the
6 existing conditions.
7 (2) While under the influence of intoxicating liquor or narcotics
8 or habit-forming drugs.
9 (3) In a negligent manner so as to endanger the person or property
10 of another, or to cause injury or damage to either, or to harass, chase or
11 annoy any wild game animals or birds , wild horses or domestic
13 ( 4 3 ) Without a lighted headlight and taillight
14 between the hours of dusk and dawn , or when upon or crossing any public
15 roadway or highway, or when otherwise required for the safety of
17 ( 5 4 ) Without an adequate braking device which
18 may be operated by either hand or foot.
19 ( 6 5 ) Without an adequate muffler, except when
20 used in conjunction with public racing events. Motorcycles and ATVs as
21 defined in section 67-7101, Idaho Code, are subject to the provisions of sec-
22 tion 67-7125, Idaho Code, relating to noise abatement.
23 ( 7 6 ) Upon a public roadway or
24 highway without a valid motor vehicle operator's license, unless the
25 public roadway or highway is closed to other motor vehicle travel
26 except that an unlicensed driver may operate an off-highway vehicle on a high-
27 way designated as a combined use highway provided the driver is under direct
28 supervision as defined in section 67-7101, Idaho Code. A citation for a viola-
29 tion of this subsection may be issued to the parent, guardian or adult who is
30 responsible for supervising the unlicensed driver .
31 (7) Upon a highway or any area which is restricted by local, state
32 or federal authority.
33 (8) When the operator cannot or is not able to reach or safely operate
34 all controls of the off-highway vehicle.
35 (9) In violation of any provisions of this chapter.
36 SECTION 5. That Section 67-7122, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 67-7122. REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) Commencing Janu-
39 ary 1, 1987 and on or before January 1 of each subsequent year, the owner of
40 any all terrain vehicle or motorbike off-highway vehicle
41 as defined in section 67-7101, Idaho Code, used off public highways but
42 excluding snowmobiles and those vehicles used exclusively on pri-
43 vate land for agricultural use or used exclusively for snow removal purposes,
44 shall register that vehicle at any vendor authorized by the department. A fee
45 of ten dollars ($10.00) shall be charged for each registration, which fee
46 includes a one dollar and fifty cent ($1.50) vendor fee. At the time of sale
47 from any dealer, each motorbike or all terrain vehicle off-
48 highway vehicle sold to an Idaho resident, or for use in the state of Idaho,
49 must be registered before it leaves the premises. Application blanks
50 and stickers shall be supplied by the department and the registration sticker
51 shall be issued to the person making application for registration. The vendor
52 issuing the registration sticker shall, upon receipt of the application in
1 approved form, issue to the applicant an off-highway vehicle sticker and shall
2 note the number of the sticker in his records and shall supply a duplicate
3 copy of the application form, noting the number of the sticker issued, to the
4 department. All stickers which are issued shall be in force through Jan-
5 uary 1 December 31 of the following year
6 in which the sticker was issued . All registration stickers shall
7 be renewed by the owner of the off-highway vehicle in the same manner provided
8 for in the initial securing of the same. The issued sticker shall be placed
9 upon the off-highway vehicle in such a manner that it is completely visible
10 and shall be kept in a legible condition at all times any
11 time that the vehicle is off of the owner's real property, unless while in
12 transport to a sanctioned event .
13 (2) For operation of an all terrain vehicle off-
14 highway vehicle on the paved public highways, the vehicle
15 shall also be registered pursuant to the provisions of section 49-402, Idaho
16 Code , unless the paved public highway has been designated as a combined
17 use highway pursuant to section 67-7109, Idaho Code .
18 SECTION 6. That Chapter 71, Title 67, Idaho Code, be, and the same is
19 hereby amended by the addition thereto of a NEW SECTION , to be
20 known and designated as Section 67-7134, Idaho Code, and to read as follows:
21 67-7134. PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR OTHER INTOXI-
22 CATING SUBSTANCES. The provisions of sections 18-8002, 18-8003, 18-8004,
23 18-8005, 18-8006 and 18-8007, Idaho Code, shall apply to all operators of off-
24 highway vehicles.
25 SECTION 7. That Chapter 71, Title 67, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION , to be
27 known and designated as Section 67-7135, Idaho Code, and to read as follows:
28 67-7135. TESTING BLOOD OF PERSONS KILLED IN OFF-HIGHWAY VEHICLE ACCI-
29 DENTS. (1) The director of the department of law enforcement, jointly with
30 the various county coroners, shall provide a system and procedure whereby all
31 morticians in Idaho shall obtain blood samples from all who have died as a
32 result of or in conjunction with an accident involving an off-highway vehicle.
33 (2) All investigating peace officers shall report off-highway vehicle
34 fatalities to the county coroner or follow the procedure established by the
35 joint action of the director of the department of law enforcement and the var-
36 ious county coroners.
37 (3) The blood sample, with information as may be required, shall be
38 delivered to the director of the department of law enforcement or his desig-
39 nee. Upon receipt of the sample, the director shall cause all tests as may be
40 required to determine the amount of alcohol, narcotics or dangerous drugs that
41 may be contained in the sample.
42 (4) The results of such tests shall be used for statistical purposes and
43 shall be subject to disclosure in accordance with the provisions of chapter 3,
44 title 9, Idaho Code.
45 SECTION 8. That Chapter 71, Title 67, Idaho Code, be, and the same is
46 hereby amended by the addition thereto of a NEW SECTION , to be
47 known and designated as Section 67-7136, Idaho Code, and to read as follows:
48 67-7136. COLLISIONS, ACCIDENTS AND CASUALTIES RESULTING IN PROPERTY DAM-
49 AGE, AN INJURY REQUIRING MEDICAL ATTENTION OR DEATH -- REPORTS. (1) It shall
1 be unlawful for the operator of an off-highway vehicle to fail to report any
2 accident where damage to the property of any one (1) person is valued at seven
3 hundred fifty dollars ($750) or more, or where there is an injury accident
4 which requires medical attention or any casualty resulting from the operation
5 of such off-highway vehicle.
6 (2) It shall be the duty of such operator to render aid to other persons
7 affected by the collision, accident or other casualty, or to give his name,
8 address and identification of his off-highway vehicle in writing to any person
9 injured and to the owner of any property damaged in the collision, accident or
10 other casualty.
11 (3) The operator shall immediately, by the quickest means of communica-
12 tion, give notice of the accident to the sheriff of the county in which the
13 accident occurred.
STATEMENT OF PURPOSE
The purpose of this legislation is to bring current practices by trail machine operators within the
purview of the law. This legislation will provide definitions, establish where Off Highway Vehicles can
be legally operated, give local authorities the ability to establish shared use areas for Off Highway
Vehicles; provide specific parts of the Idaho Traffic Code to apply to Off Highway Vehicles; provide
for criminal sanctions for operating an Off Highway Vehicle while under the influence of alcohol and/or
drugs; and provide for the testing of blood for alcohol concentration for persons killed in Off Highway
There will not be a negative impact on the State General Fund or to any County General Fund due to
this legislation. Any impact will be positive by creating a greater incentive for owners of Off Highway
Vehicles to register vehicles with the Idaho Department of Parks and Recreation
CONTACT- Dan Schierman, Shoshone County Sheriff
717 Bank Street
Ben Wolfinger; Capt. Kootenai County Sheriffs Dept.
5500 Government Way
Couer d'Alene, Idaho