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H0313................................by JUDICIARY, RULES AND ADMINISTRATION MOTOR VEHICLES - Amends existing law to impose infraction penalties for violations of Chapter 3, Title 49, Idaho Code (driver's licenses), other than 49-301, Idaho Code (Drivers to be licensed), and Chapter 4, Title 49, Idaho Code (motor vehicle registration). 02/26 House intro - 1st rdg - to printing 03/01 Rpt prt - to Jud
H0313|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 313 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO INFRACTION VIOLATIONS; AMENDING SECTION 49-236, IDAHO CODE, TO 3 IMPOSE INFRACTION PENALTIES FOR VIOLATIONS OF CHAPTER 3, OTHER THAN SEC- 4 TION 49-301, IDAHO CODE, AND CHAPTER 4, TITLE 49, IDAHO CODE; AMENDING 5 SECTION 49-301, IDAHO CODE, TO PROVIDE THAT A VIOLATION OF THE SECTION 6 SHALL BE A MISDEMEANOR; AMENDING SECTION 49-305, IDAHO CODE, TO PROVIDE 7 FOR AN INFRACTION PENALTY AND TO MAKE A TECHNICAL CORRECTION; AMENDING 8 SECTION 49-331, IDAHO CODE, TO PROVIDE FOR AN INFRACTION PENALTY; AND 9 AMENDING SECTION 49-1501, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF A UNIFORM 10 CITATION FOR INFRACTION VIOLATIONS OF CHAPTERS 3 AND 4, TITLE 49, IDAHO 11 CODE. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 49-236, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 49-236. PENALTIES. (1) It is a misdemeanor for any person to violate any 16 of the provisions of this title except the provisions of chapters17 3, other than section 49-301, Idaho Code, chapters 4 and 6 18 through 9, unless otherwise specifically provided. 19 (2) It is an infraction for any person to violate any of the provisions 20 of chapters 3, 4 and 6 through 9 of this title unless otherwise 21 specifically provided. 22 (3) Any offense punishable by imprisonment in the state penitentiary is a 23 felony. 24 (4) Punishments shall be as provided in sections 18-111, 18-112, 18-113 25 and 18-113A, Idaho Code, unless otherwise specifically provided. 26 (5) Whenever a person is arrested for any violation of the provisions of 27 this title declared to be a felony, he shall be dealt with in like manner as 28 upon arrest for the commission of any other felony. 29 (6) It is an infraction punishable by a fine of seventy-five dollars 30 ($75.00) for any person to violate the provisions of either section 49-1229, 31 49-1232 or 49-1428, Idaho Code. 32 SECTION 2. That Section 49-301, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 49-301. DRIVERS TO BE LICENSED. (1) No person, except those expressly 35 exempted by the provisions of this chapter, shall drive any motor vehicle upon 36 a highway unless the person has a valid Idaho driver's license. No person 37 shall operate a motorcycle upon a highway unless he has a motorcycle endorse- 38 ment on his valid driver's license. No person shall operate a commercial motor 39 vehicle as defined in section 49-123, Idaho Code, upon a highway unless he has 40 a seasonal or class A, B or C driver's license with required endorsements. No 41 person shall operate a motor vehicle in violation of any valid restriction 2 1 identified on or attached to, his valid driver's license. No person shall 2 receive a driver's license unless and until he surrenders to the department 3 all driver's licenses in his possession issued to him by Idaho or any other 4 jurisdiction for use within the United States, or until he executes an affida- 5 vit that he does not possess a driver's license. No person shall be permitted 6 to have more than one (1) driver's license issued for use within the United 7 States at any time. 8 (2) Any holder of a class A, B or C commercial driver's license issued by 9 a jurisdiction other than Idaho shall apply for an Idaho-issued commercial 10 driver's license within thirty (30) days of establishing a domicile in Idaho. 11 A violation of this section is a midemeanor. 12 SECTION 3. That Section 49-305, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 49-305. INSTRUCTION PERMITS -- TEMPORARY LICENSES -- TEMPORARY DRIVER'S 15 TRAINING INSTRUCTION PERMIT. (1) Upon passage of the required knowledge tests 16 appropriate for the vehicle being operated, the department may issue an 17 instruction permit for the type of vehicle(s) the person will be operating, 18 entitling the applicant, while having the permit in his immediate possession, 19 to drive a motor vehicle upon the highways for a period of up to one hundred 20 eighty (180) days. That person must be accompanied by an adult driver who 21 holds a driver's license appropriate for the vehicle being operated and who is 22 actually occupying a seat beside the driver. 23 (a) Any person who has reached the age of fifteen (15) years, and who has 24 successfully completed an approved driver training course may apply for a 25 class D instruction permit with driving privileges restricted to daylight 26 hours only, and with full privileges at sixteen (16) years of age. The 27 restriction of daylight hours only shall mean that period of time one-half 28 (1/2) hour before sunrise to one-half (1/2) hour after sun- 29 set. Any person applying for an instruction permit or driving privileges 30 who is under the age of eighteen (18) years shall be in compliance with 31 school attendance requirements of section 49-303A, Idaho Code. 32 (b) Any person who has reached the age of eighteen (18) years may apply 33 for a class A, B or C instruction permit. 34 (c) On and after April 1, 1992, federal highway administration rules and 35 regulations concerning instruction permits, as specified in 49 CFR part 36 383, will be in effect for commercial motor vehicle operators. 37 (2) The department may, at its discretion, issue a temporary class D 38 driver's license to an applicant for a class D driver's license permitting him 39 to operate a motor vehicle while the department is completing its investiga- 40 tion and determination of all facts relative to the applicant's right to 41 receive a driver's license. The temporary license may be cancelled at the 42 department's discretion at any time after issuance. The temporary license must 43 be in the applicant's immediate possession while operating a motor vehicle, 44 and it shall be invalid when the applicant's driver's license has been issued 45 or for good cause has been refused. 46 (3) If an applicant for a driver's training instruction permit cannot 47 provide a certified copy of his birth certificate at the time of application, 48 the department may issue a temporary driver's training instruction permit upon 49 receipt of both a photo identification and a letter from the school verifying 50 the applicant's enrollment in a driver training course. 51 (4) The department may issue a motorcycle endorsement instruction permit 52 to an applicant who has a valid driver's license and who has successfully com- 53 pleted the motorcycle riders knowledge test and paid the appropriate fees. The 3 1 permit entitles the applicant, while having the permit in his immediate pos- 2 session, to operate a motorcycle upon the highways for a period not to exceed 3 one hundred eighty (180) days. If the permittee passes the skills test for a 4 motorcycle endorsement within one hundred eighty (180) days of issuance of the 5 motorcycle endorsement instruction permit, he shall not be required to pay the 6 motorcycle endorsement fee. A person holding a motorcycle instruction permit 7 shall not carry any passenger while operating a motorcycle, shall not operate 8 a motorcycle except during the hours of daylight only and shall not operate a 9 motorcycle upon any interstate highway system. 10 A violation of the conditions of a motorcycle endorsement instruction per- 11 mit is a n infraction.misdemeanor.The department 12 shall cancel the permit whether or not such violation results in conviction of 13 themisdemeanorinfraction . 14 SECTION 4. That Section 49-331, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 49-331. UNLAWFUL USE OF DRIVER'S LICENSE. It is a n infraction 17misdemeanorfor any person: 18 (1) To display or cause or permit to be displayed or have in his posses- 19 sion any mutilated or illegible, cancelled, revoked, suspended, disqualified, 20 fictitious or fraudulently altered driver's license; 21 (2) To lend his driver's license to any other person or knowingly permit 22 the use of his driver's license by another; 23 (3) To display or represent as one's own a driver's license not issued to 24 him; 25 (4) To fail or refuse to surrender to the department, upon its lawful 26 demand, any driver's license which has been suspended, revoked, disqualified 27 or cancelled; 28 (5) To use a false or fictitious name in any application for a driver's 29 license, or to knowingly make a false statement, or to knowingly conceal a 30 material fact or otherwise commit a fraud in any application; 31 (6) To permit any unlawful use of a driver's license issued to him; 32 (7) To manufacture, produce, sell, offer for sale or transfer to another 33 person any document purporting to be a certificate of birth or driver's 34 license; or 35 (8) To do any act forbidden or fail to perform any act specified in this 36 chapter. 37 In addition to themisdemeanorinfraction penal- 38 ties that may be imposed for violation of the provisions of paragraphs (1) 39 through (7) of this section, the court upon conviction may enter an order 40 directing the department to suspend the driver's license, a permit to drive, 41 privileges or any nonresident's driving privileges for a period of ninety (90) 42 days. A conviction under this section shall not be used as a factor or consid- 43 ered in any manner for the purpose of establishing rates of motor vehicle 44 insurance charged by a casualty insurer, nor shall such conviction be grounds 45 for nonrenewal of any insurance policy as provided in section 41-2507, Idaho 46 Code. 47 SECTION 5. That Section 49-1501, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 49-1501. INFRACTION CITATION -- ISSUANCE. A peace officer or authorized 50 employee of the Idaho transportation department may issue an Idaho uniform 51 citation for any infractionspecified inviolation of 4 1 the provisions of chapters 3, 4 and 6 through 9 of this 2 title, or any other section of this title for which an infraction penalty is 3 specifically provided, in which he shall certify that he has reasonable 4 grounds to believe and does believe, that the person cited committed the 5 infraction contrary to law.
STATEMENT OF PURPOSE
RS 09065
This bill reduces misdemeanor penalties in chapter 3
(operator licenses) and chapter 4 (vehicle registration) of
the Motor Vehicle Code to infraction penalties with the
exception of I.C. 49-301 (driving without a valid driver's
license) which will continue as a misdemeanor penalty.
A defendant charged with any of the misdemeanor offenses
presently established in chapter 3 and 4 of title 49 is
entitled to a jury trial to contest the charge. Jurors have
expressed to presiding judges that jury trials on violations
of the various provisions of chapter 3 and 4, title 49, do not
constitute a productive use of a juror's time.
A person charged with an infraction is not entitled to a
jury trial, but may defend against the charge before a judge
in a court trial. An infraction is a public offense which does
not constitute a crime and which does not carry a jail
sentence. It is punishable by a monetary penalty. In most
cases, a defendant charged with an infraction mails a fine to
the clerk of the court without having to appear before a
judge.
FISCAL NOTE
This bill will save costly jury trials and court time,
and will have a positive impact on state and local funds.
Contact Person
Representative Randy Hansen
Idaho State Legislature
(208) 332-1000
Statement of Purpose/Fiscal Note H 313