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H0371.....................................................by WAYS AND MEANS MOTOR VEHICLES - Amends and repeals existing law to revise the method for registration of vehicles weighing in excess of 60,000 pounds from the weight-distance use fee method to a flat registration fee method; and to provide schedules of registration fees. 03/12 House intro - 1st rdg - to printing 03/15 Rpt prt - to W/M
H0371|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 371 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO REGISTRATION OF MOTOR VEHICLES WEIGHING IN EXCESS OF SIXTY THOU- 3 SAND POUNDS GROSS VEHICLE WEIGHT; AMENDING SECTION 49-110, IDAHO CODE, TO 4 DEFINE "INTERNATIONAL REGISTRATION PLAN"; AMENDING SECTION 49-114, IDAHO 5 CODE, TO DELETE REFERENCE TO USE FEE AND TO MAKE TECHNICAL CORRECTIONS; 6 AMENDING SECTION 49-122, IDAHO CODE, TO DELETE THE DEFINITION OF "USE FEE" 7 AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION 49-201A, IDAHO CODE; 8 AMENDING SECTION 49-202, IDAHO CODE, TO DELETE REFERENCE TO REPEALED LAW, 9 TO PROVIDE A CORRECT REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 10 SECTION 49-434, IDAHO CODE, TO REVISE THE REGISTRATION SCHEDULE FOR VEHI- 11 CLES WEIGHING IN EXCESS OF SIXTY THOUSAND POUNDS GROSS VEHICLE WEIGHT, TO 12 CLARIFY REGISTRATIONS FOR VEHICLES WHICH ARE REGISTERED UNDER THE INTERNA- 13 TIONAL REGISTRATION PLAN, TO CLARIFY REGISTRATIONS FOR VEHICLES WHICH ARE 14 NOT REGISTERED UNDER THE INTERNATIONAL REGISTRATION PLAN, TO CLARIFY TER- 15 MINOLOGY FOR REGISTRATION OF FARM VEHICLES AND COMMERCIAL VEHICLES TRANS- 16 PORTING SPECIFIED COMMODITIES, TO CLARIFY REGISTRATION OF VEHICLES WHEN 17 THEY EXCEED THEIR REGISTERED MAXIMUM WEIGHT OR WHEN THEY ARE NOT ELIGIBLE 18 FOR LIMITED COMMODITY REGISTRATION AND TO PROVIDE AN ADMINISTRATIVE FEE 19 FOR SUCH REGISTRATIONS, TO PROVIDE THAT THE DEPARTMENT MAY REQUEST ADDI- 20 TIONAL INFORMATION ON NUMBER OF MILES DRIVEN AND COMMODITIES TRANSPORTED, 21 TO PROVIDE RULEMAKING AUTHORITY FOR SEASONAL REGISTRATION OF VEHICLES, TO 22 PROVIDE RULEMAKING AUTHORITY FOR QUARTERLY PAYMENT OF REGISTRATION FEES 23 FOR CERTAIN VEHICLES, TO DELETE OBSOLETE LANGUAGE AND TO MAKE A TECHNICAL 24 CORRECTION; AMENDING SECTION 49-435, IDAHO CODE, TO DELETE A PROVISION 25 RELATING TO USE FEE AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTIONS 26 49-435A AND 49-436, IDAHO CODE; AMENDING SECTION 49-438, IDAHO CODE, TO 27 DELETE REFERENCE TO USE FEE; AMENDING SECTION 49-439, IDAHO CODE, TO PRO- 28 VIDE A STANDARD AUDITING CYCLE, TO PROVIDE ADDITIONAL AUDITING CONDITIONS 29 AND PROCEDURES CONSISTENT WITH CURRENT LAW AND TO MAKE TECHNICAL CORREC- 30 TIONS; AMENDING SECTION 49-504, IDAHO CODE, TO DELETE REFERENCE TO USER 31 FEES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-1001, IDAHO 32 CODE, TO DELETE REFERENCE TO WEIGHT-DISTANCE OPERATING FEES; PROVIDING 33 LEGISLATIVE INTENT; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR TRANSI- 34 TION FROM THE WEIGHT-DISTANCE USE FEE TO IMPLEMENTATION OF REGISTRATION 35 FEES. 36 Be It Enacted by the Legislature of the State of Idaho: 37 SECTION 1. That Section 49-110, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 49-110. DEFINITIONS -- I. 40 (1) "Identifying number" means: 41 (a) Motor number. That identifying number stamped on the engine of a 42 vehicle. 43 (b) Vehicle identification number. The numbers and letters, if any, 2 1 placed on a vehicle by the manufacturer for the purpose of identifying the 2 vehicle. 3 (2) "Implements of husbandry" means every vehicle including self-pro- 4 pelled units, designed or adapted and used exclusively in agricultural, horti- 5 cultural, dairy and livestock growing and feeding operations when being inci- 6 dentally operated. Such implements include, but are not limited to, combines, 7 discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers, 8 harvesting and stacking equipment, pesticide applicators, plows, swathers, 9 mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or 10 drawing any implement of husbandry shall be construed to be an implement of 11 husbandry. "Implements of husbandry" do not include semitrailers, nor do they 12 include motor vehicles or trailers, unless their design limits their use to 13 agricultural, horticultural, dairy or livestock growing and feeding opera- 14 tions. 15 (3) "Incidentally operated" means the transport of the implement of hus- 16 bandry from one (1) farm operation to another. 17 (4) "Individual record" means a record containing personal information 18 about a designated person who is the subject of the record as identified in a 19 request for information. 20 (5) "Infraction" means a civil public offense, not constituting a crime, 21 which is not punishable by incarceration and for which there is no right to a 22 trial by jury or right to court-appointed counsel, and which is punishable by 23 only a penalty not exceeding one hundred dollars ($100) and no imprisonment. 24 (6) "Instructor" means any person, whether acting for himself as operator 25 of a commercial driver training school or for such a school for compensation, 26 who teaches, conducts classes of, gives demonstrations to, or supervises prac- 27 tice of, persons learning to operate or drive motor vehicles. 28 (7) "Insurer" means any insurer, public or private, which shall include, 29 but not be limited to, insurance companies domiciled in the state of Idaho, 30 agents, adjuster or any other person acting on behalf of any insurance not 31 domiciled in the state of Idaho and any self-insured entity operating under 32 Idaho insurance laws or rules. 33 (8) "International registration plan" means a registration reci- 34 procity agreement among the states of the United States and provinces of Can- 35 ada providing for payment of registration and licensing fees on the basis of 36 fleet miles operated in the various jurisdictions. 37 (9) "Intersection" means: 38 (a) The area embraced within the prolongation or connection of the lat- 39 eral curb lines, or, if none, then the lateral boundary lines of the road- 40 ways of two (2) highways which join one another at, or approximately at, 41 right angles, or the area within which vehicles traveling upon different 42 highways joining at any other angle may come in conflict. 43 (b) Where a highway includes two (2) roadways thirty (30) feet or more 44 apart, then every crossing of each roadway of the divided highway by an 45 intersecting highway shall be regarded as a separate intersection. In the 46 event an intersecting highway also includes two (2) roadways thirty (30) 47 feet or more apart, then every crossing of two (2) roadways of the high- 48 ways shall be regarded as a separate intersection. 49 (c) The junction of an alley with a street or highway shall not consti- 50 tute an intersection. 51 SECTION 2. That Section 49-114, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 49-114. DEFINITIONS -- M. 3 1 (1) "Major component part" means a rear clip, cowl, frame or inner struc- 2 ture forward of the cowl, body, cab, front end assembly, front clip or such 3 other part which is critical to the safety of the vehicle. 4 (2) "Manifest" means a form used for identifying the quantity, composi- 5 tion, origin, routing, waste or material identification code and destination 6 of hazardous material or hazardous waste during any transportation within, 7 through, or to any destination in this state. 8 (3) "Manufactured home." (See section 39-4105, Idaho Code) 9 (4) "Manufacturer" means every person engaged in the business of con- 10 structing or assembling vehicles of a type required to be registered at an 11 established place of business in this state. The term, for purposes of sec- 12 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall 13 include a distributor and other factory representatives. 14 (5) "Manufacturer's year designation" means the model year designated by 15 the vehicle manufacturer, and not the year in which the vehicle is, in fact, 16 manufactured. 17 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped 18 for operation, to which shall be added the maximum load to be carried as 19 declared by the owner in making application for registration. When a vehicle 20 against which a registrationor usefee is assessed is a combina- 21 tion of vehicles, the term "maximum gross weight" means the combined maximum 22 gross weights of all vehicles in the combination. 23 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code) 24 (8) "Moped" means a limited-speed motor-driven cycle which is not capable 25 of propelling the vehicle at a speed in excess of thirty (30) miles per hour 26 on level ground, whether two (2) or three (3) wheels are in contact with the 27 ground during operation. If an internal combustion engine is used, the dis- 28 placement shall not exceed fifty (50) cubic centimeters and the moped shall 29 have a power drive system that functions directly or automatically without 30 clutching or shifting by the operator after the drive system is engaged. 31 (9) "Motorcycle" means every motor vehicle having a seat or saddle for 32 the use of the rider and designed to travel on not more than three (3) wheels 33 in contact with the ground, but excluding a tractor and moped. 34 (10) "Motor home" means a vehicular unit designed to provide temporary 35 living quarters, built into an integral part or permanently attached to a 36 self-propelled motor vehicle chassis. The vehicle must contain permanently 37 installed independent life support systems which meet the American National 38 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro- 39 vide at least four (4) of the following facilities: cooking, refrigeration or 40 ice box, self-contained toilet, heating and/or air conditioning, a potable 41 water supply system, including a faucet and sink, separate 110-125 volt elec- 42 trical power supply and/or LP-gas supply. 43 (11) "Motorized wheelchair" means a motor vehicle with a speed not in 44 excess of eight (8) miles per hour, designed for and used by a handicapped 45 person. 46 (12) "Motor number." (See "Identifying number", " 47 section 49-110, Idaho Code) 48 (13) "Motor vehicle." (See "Vehicle", " section 49 49-123, Idaho Code) 50 (14) "Motor vehicle liability policy" means an owner's or operator's pol- 51 icy of liability insurance, certified as provided in section 49-1210 or 52 49-1211, Idaho Code, as proof of financial responsibility, and issued, except 53 as otherwise provided in section 49-1211, Idaho Code, by an insurance carrier 54 duly authorized to transact business in this state, to or for the benefit of 55 the person named therein as insured. 4 1 (15) "Motor vehicle record" means any record that pertains to a motor 2 vehicle registration, motor vehicle title or identification documents or other 3 similar credentials issued by the department or other state or local agency. 4 SECTION 3. That Section 49-122, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 49-122. DEFINITIONS -- U. 7 (1) "Unauthorized vehicle" means any vehicle parked or otherwise left on 8 private property without the consent of the person owning or controlling that 9 property. 10 (2) "United States" means the fifty (50) states and the District of 11 Columbia. 12 (3) "Unladen weight." (See "Light weight", " 13 section 49-113, Idaho Code) 14 (4) "Unregistered vehicle" means a vehicle without current registration 15 on file with the department or with the appropriate agency of another state, 16 unless exempt from registration. 17 (5) "Unusual noise." (See "Excessive", " section 18 49-106, Idaho Code) 19 (6) "Urban district." (See "District", " section 20 49-105, Idaho Code) 21 (7)"Use fee" means the fee as imposed in section 49-434, Idaho22Code, for vehicles exceeding sixty thousand (60,000) pounds gross weight, and23calculated based upon the number of miles traveled in Idaho times the use fee24rate per mile of travel as established by law for the applicable maximum gross25weight of the vehicle or combination of vehicles as registered.26(8)"Utility trailer" means a trailer or semitrailer 27 designed primarily to be drawn behind a passenger car or pickup truck for 28 domestic and utility purposes. Utility or domestic use shall include a farm 29 trailer while being used to haul agricultural products or livestock from farm 30 to storage, market or processing plant, or returning therefrom. 31 SECTION 4. That Section 49-201A, Idaho Code, be, and the same is hereby 32 repealed. 33 SECTION 5. That Section 49-202, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license 36 records in the office of the department shall be public records and open to 37 inspection by the public during normal business hours, except for those 38 records declared by law to be for the confidential use of the department, or 39 those records containing personal information subject to restrictions or con- 40 ditions regarding disclosure. If the department has contracted for a service 41 to be provided by another entity, an additional fee shall be charged by that 42 contractor whether the service is rendered during normal business hours, other 43 than normal business hours or on weekends. 44 (2) In addition to other fees required by law to be collected by the 45 department, the department shall collect the following: 46 (a) For certifying a copy of any record pertaining to any vehicle 47 license, any certificate of title, or any driver's license ......... $8.00 48 (b) For issuing every Idaho certificate of title .................. $8.00 49 (c) For furnishing a duplicate copy of any Idaho certificate of title 50 .................................................................... $8.00 5 1 (d) For issuance or transfer of every certificate of title on a new or 2 used vehicle or other titled vehicle in an expedited manner (rush titles), 3 in addition to any other fee required by this section ............. $15.00 4 (e) For furnishing a replacement of any receipt of registration ... $3.00 5 (f) For answering inquiries as to registration or ownership of motor 6 vehicles or driver's license records, per vehicle registration, accident 7 report records, title or per driver's license record ............... $4.00 8 Additional contractor fee, not to exceed ........................... $4.00 9 (g) For services in furnishing copies of files of vehicle or other regis- 10 trations, vehicle titles, or driver's licenses per hour ........... $10.00 11 (h) Placing "stop" cards in vehicle registration or title files, each 12 ................................................................... $12.00 13 (i) For issuance of an assigned or replacement vehicle identification 14 number (VIN) .......................................................$10.00 15 (j) For a vehicle identification number (VIN) inspection whether con- 16 ducted by a city or county peace officer or any other peace officer or 17 designated agent of the state of Idaho, per inspection ............. $3.00 18 (k) For all replacement registration stickers, each ............... $1.00 19 (l) For issuing letters of temporary vehicle clearance to Idaho based 20 motor carriers .................................................... $10.00 21 (m) For all sample license plates, each .......................... $12.00 22 (n) For filing release of liability statements .................... $2.00 23 (3) The fees required in this section shall not apply when the service is 24 furnished to any federal, state, county or city peace officer when such ser- 25 vice is required in the performance of their duties as peace officers. 26 (4) The department may enter into agreements with private companies or 27 public entities to provide the services for which a fee is collected in sub- 28 section (2)(f) of this section. Such private contractor shall collect the fee 29 prescribed and remit the fee to the department. The contractor shall also col- 30 lect and retain the additional fee charged for his services. 31 (5) The department shall pay three dollars ($3.00) of the fee collected 32 by a county assessor or other agent of the department as provided in subsec- 33 tion (2)(a) through (f) of this section, to the county assessor of the county 34 or agent collecting such fee, which shall be deposited with the county trea- 35 surer and credited to the county current expense fund. The remainder of the 36 fees collected as provided in that subsection shall be paid by the department 37 to the state treasurer and placed in the state highway account. The fee col- 38 lected under subsection (2)(j) of this section for a VIN inspection shall be 39 placed in the city general fund if conducted by a city peace officer, in the 40 county current expense fund if conducted by a county peace officer, shall be 41 retained by the special agent authorized to perform the inspection, or paid to 42 the state treasurer and placed to the credit of the department of law enforce- 43 ment if conducted by the Idaho state police division or in the state highway 44 account if conducted by the department. 45 (6) The department as often as practicable may provide to law enforcement 46 agencies the record of suspensions and revocations of driver licenses via the 47 Idaho law enforcement telecommunications system (ILETS). 48 (7) The department shall provide the forms prescribed in chapter 5 of 49 this title, shall receive and file in its office in Boise, Idaho, all instru- 50 ments required in chapter 5 of this title to be filed with the department, 51 shall prescribe a uniform method of numbering certificates of title, and main- 52 tain in the department indices for such certificates of title. All indices 53 shall be by motor or identification number and alphabetical by name of the 54 owner. 55 (8) The department shall file each registration received under a distinc- 6 1 tive registration number assigned to the vehicle and to the owner thereof. 2 (9) The department shall not renew a driver's license or identification 3 card when fees required by law have not been paid or where fees for past 4 periods are due, owing and unpaid including nonsufficient fund checks, until 5 those fees have been paid. 6 (10) The department shall not grant the registration of a vehicle when: 7 (a) The applicant is not entitled to registration under the provisions of 8 this title; or 9 (b) The applicant has neglected or refused to furnish the department with 10 the information required in the appropriate form or reasonable additional 11 information required by the department, or has failed to comply with12the provisions of section 49-436, Idaho Code, in past registration periods13; or 14 (c) The fees required by law have not been paid, or where fees for past 15 registration periods are due, owing and unpaid including nonsufficient 16 fund checks. 17 (11) The department or its authorized agents have the authority to request 18 any person, to submit to medical, vision, highway, or written examinations, to 19 protect the safety of the public upon the highways. The department or its 20 authorized agents may exercise such authority based upon evidence which may 21 include, but is not limited to, observations made. 22 (12) The department shall revoke the registration of any vehicle: 23 (a) Which the department shall determine is unsafe or unfit to be oper- 24 ated or is not equipped as required by law; 25 (b) Whenever the person to whom the registration card or registration 26 plate has been issued shall make or permit to be made any unlawful use of 27 the same or permit their use by a person not entitled thereto; 28 (c) For any violation of vehicle registration requirements by the owner 29 or operator in the current or past registration periods; 30 (d) Whenever a motor carrier as defined in section 61-801, Idaho Code, 31 has his permit revoked for any cause except at the request of the permit 32 holder, as provided in section 61-808, Idaho Code, or whenever an inter- 33 state carrier has his registration revoked by reason of a revocation of 34 his interstate commerce commission operating authority; 35 (e)For nonpayment by the owner or operator of the vehicle of use36fees computed under sections 49-434 and 49-435, Idaho Code;3738(f)Forfailure of the owner or operator to file the39reports required ornonpayment of fees assessed against the owner 40 by the department pursuant to audit under the provisions of section 41 49-4369 , Idaho Code; 42 (gf ) Identified by any city or county adminis- 43 tering a program established by ordinance for the inspection and readjust- 44 ment of motor vehicles (which program is part of an approved state imple- 45 mentation plan adopted by both the state and federal governments under 42 46 USC section 7410) as having failed to comply with an ordinance requiring 47 motor vehicle emission inspection and readjustment; provided that no vehi- 48 cle shall be identified to the department under this subsection (g49f ) unless (i) the city or county certifies to the 50 department that the owner of the motor vehicle has been given notice and 51 had the opportunity for a hearing concerning compliance with the ordinance 52 and has exhausted all remedies and appeals from any determination made at 53 such hearing; and (ii) the city or county reimburses the department for 54 all direct costs associated with the registration revocation procedure. 55 (13) The department shall not reregister or permit a vehicle to operate on 7 1 a special trip permit until all fees, penalties and interest have been paid. 2 (14) The department shall institute educational programs, demonstrations, 3 exhibits and displays. 4 (15) The department shall cancel a driver's license or identification card 5 when fees required by law have not been paid or where fees are due, owing and 6 unpaid includingnonsufficientinsufficient fund 7 checks, until those fees have been paid. 8 (16) The department shall examine persons and vehicles by written, oral, 9 vision and skills tests without compulsion except as provided by law. 10 (17) The department shall employ expert and special help as needed in the 11 department. 12 (18) The department shall compile accident statistics and disseminate 13 information relating to those statistics. 14 (19) The department shall cooperate with the United States in the elimina- 15 tion of road hazards, whether of a physical, visual or mental character. 16 (20) The department shall place and maintain traffic-control devices, con- 17 forming to the board's manual and specifications, upon all state highways as 18 it shall deem necessary to indicate and to carry out the provisions of this 19 title or to regulate, warn, or guide traffic. No local authority shall place 20 or maintain any traffic-control device upon any highway under the jurisdiction 21 of the department except by the latter's permission, except where the duly 22 elected officials of an incorporated city have established speed limits lower 23 than those set by the department on the portion of state highways, excluding 24 controlled - access and interstate highways, that pass through res- 25 idential, urban or business districts within the jurisdiction of the incorpo- 26 rated city. The placement and maintenance of such a traffic - 27 control device by a local authority shall be made according to the 28 board's manual and specifications for a uniform system of traffic - 29 control devices. 30 (21) The department may conduct an investigation of any bridge or other 31 elevated structure constituting a part of a highway, and if it shall find that 32 the structure cannot with safety to itself withstand vehicles traveling at a 33 speed otherwise permissible under this title, shall determine and declare the 34 maximum speed of vehicles which the structure can safely withstand, and shall 35 cause or permit suitable signs stating the maximum speed to be erected and 36 maintained before each end of the structure. 37 (22) Whenever the department shall determine on the basis of an engineer- 38 ing and traffic investigation that slow speeds on any highway or part of a 39 highway impede the normal and reasonable movement of traffic, the department 40 may determine and declare a minimum speed limit below which no person shall 41 drive a vehicle except when necessary for safe operation or in compliance with 42 law, and that limit shall be effective when posted upon appropriate fixed or 43 variable signs, except in cases where the duly elected officials of an incor- 44 porated city have established speed limits lower than those set by the 45 department on portions of state highways, excluding controlled - 46 access and interstate highways, that pass through residential, urban or 47 business districts within the jurisdiction of the incorporated city. 48 (23) The department shall regulate or prohibit the use of any49controlledaccesscontrolled-access highway by any class or 50 kind of traffic which is found to be incompatible with the normal and safe 51 movement of traffic. 52 (24) The department shall erect and maintain traffic-control devices on 53 controlled-access highways on which any prohibitions are applicable. 54 (25) Wherever a highway crosses one (1) or more railroads at 55 grade, the department or local authorities within their respective jurisdic- 8 1 tions shall place and maintain stop signs, directing vehicular traffic 2 approaching the crossing to come to a full stop prior to entering the crossing 3 at all railroad crossings where electric or mechanical warning signals do not 4 exist. Placement of these stop signs shall be mandatory except when in the 5 determination of public highway agencies the existence of stop signs at a 6 given crossing would constitute a greater hazard than their absence based on a 7 recognized engineering study. 8 Nothing in this subsection shall be construed as granting immunity to any 9 railroad company as to liability, if any, for an accident which might occur at 10 a crossing where stop signs are erected and in place, but liability, if any, 11 shall be determined as provided by law. Liability on the part of governmental 12 authorities on account of absence of any stop sign at a crossing shall be 13 determined as provided by law. 14 (26) The department and local authorities are authorized to determine 15 those portions of any highway under their respective jurisdictions where over- 16 taking and passing or driving on the left side of the roadway would be espe- 17 cially hazardous and may by appropriate signs or markings on the roadway indi- 18 cate the beginning and end of those zones and when signs or markings are in 19 place and clearly visible to an ordinarily observant person, every driver of 20 a vehicle shall obey those directions. 21 (27) The department and local authorities in their respective jurisdic- 22 tions may in their discretion issue special permits authorizing the operation 23 upon a highway of traction engines or tractors having movable tracks with 24 transverse corrugations upon the periphery of the movable tracks or farm trac- 25 tors or other farm machinery, the operation of which upon a highway would 26 otherwise be prohibited under this title or title 40, Idaho Code. 27 (28) The department and local highway authorities within their respective 28 jurisdictions may place official traffic-control devices prohibiting, limiting 29 or restricting the stopping, standing or parking of vehicles on any highway 30 where such stopping, standing or parking is dangerous to those using the high- 31 way or where the stopping, standing or parking of vehicles unduly interferes 32 with the free movement of traffic thereon. 33 (29) On any informational material printed after July 1, 1995, by or at 34 the order of the department and distributed to counties, school districts or 35 individuals for the purpose of assisting a person to successfully pass a 36 driver's license test, the department shall include material about the state's 37 open range law and responsibilities, liabilities and obligations of drivers 38 driving in the open range. 39 SECTION 6. That Section 49-434, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 49-434. OPERATING FEES. (1) There shall be paid on all commercial vehi- 42 cles, noncommercial vehicles, and on all farm vehicles having a maximum gross 43 weight not in excess of sixty thousand (60,000) pounds, an annual registration 44 fee in accordance with the following schedule. 45 Maximum Gross Weight Annual Registration Fee 46 (Pounds) Noncommercial and Commercial 47 Farm Vehicles Vehicles 48 8,001-16,000 inc. .....................$ 31.08 $ 30.60 49 16,001-26,000 inc. ..................... 61.08 143.40 50 26,001-30,000 inc. ..................... 91.68 223.80 51 30,001-40,000 inc. ..................... 130.08 291.60 52 40,001-50,000 inc. ..................... 188.28 360.00 53 50,001-60,000 inc. ..................... 311.88 515.40 9 1 (2) There shall be paid on all commercial vehicles, irrespective of body 2 type, and on all farm vehicles having a maximum gross weight in excess of 3 sixty thousand (60,000) pounds, an annual registration fee in the amount4of one hundred twenty dollars ($120)prescribed by subsection (8) 5 or (9) of this section, as applicable . 6 (3) In addition, the annual registration fee for trailers shall be: 7 (a) Trailer or semitrailer in a combination of vehicles ...........$15.00 8 (b) Rental utility trailer with a gross weight of two thousand (2,000) 9 pounds or less ......................................................$8.00 10 (c) Rental utility trailer with a gross weight over two thousand (2,000) 11 pounds .............................................................$15.00 12 (4) As an option to the trailer and semitrailer annual registration, the 13 department may provide extended registration. 14 (a) For trailers and semitrailers, the optional extended-registration 15 period shall not extend beyond seven (7) years. 16 (b) The fee shall be fifteen dollars ($15.00) for each year. 17 (c) The license plate originally issued shall remain on the trailer or 18 semitrailer until the registration expires. 19 (d) The registration document shall be the official record of the status 20 of the extended registration. No pressure-sensitive validation sticker 21 shall be required. 22 (e) For rental utility trailers, the optional registration period shall 23 not extend beyond five (5) years. The fee shall be as specified in subsec- 24 tion (3)(b) or (c) of this section. A pressure-sensitive sticker shall be 25 used to validate the license plate. The license plate shall become void if 26 the owner's interest in the rental utility trailer changes during the five 27 (5) year period. If the owner fails to enter the rental utility trailer on 28 the annual renewal application during the five (5) year period, the regis- 29 tration record shall be purged. Any unrenewed plate shall be returned to 30 the department if it is not entered on the renewal application. 31 (5) A fleet registration option is available to owners who have32twentyfivetwenty-five (25) or more commercial or farm 33 vehicles or any combination thereof. Such owners may register all of their 34 company vehicles with the department in lieu of registering with a county 35 assessor. To qualify the fleet must be owned and operated under the unified 36 control of one (1) person and the vehicles must be physically garaged and 37 maintained in two (2) or more counties. Fleet registration shall not include 38 fleets of rental vehicles. The department shall provide a registration appli- 39 cation to the owner and the owner shall provide all information that the 40 department determines is necessary. The department shall devise a special 41 license plate numbering system for fleet-registered vehicles as an alternative 42 to county license plates. The fleet registration application and all subse- 43 quent registration renewals shall include the physical address where a vehicle 44 is principally used, garaged and maintained. The fleet owner shall report the 45 physical address to the department upon initial registration, on each renewal, 46 and at any time a vehicle registered under this option is permanently trans- 47 ferred to another location. 48 (6) If the ownership of a vehicle changes during the registration period, 49 the original owner may transfer the plate to another vehicle. The remaining 50 fee shall be credited against the cost of the new registration. No refunds 51 shall be given for any unexpired portion of the vehicle registration fee if 52 the plate is not transferred by the owner to another vehicle. A license plate 53 shall not be transferred to another owner when the ownership of a vehicle 54 changes. The owner shall obtain a replacement plate, validation sticker if 55 required, and a registration document when a plate is lost, destroyed or 10 1 becomes illegible. 2 (7) An administrative fee of four dollars ($4.00) shall be paid and 3 deposited to the state highway account on all registrations completed by the 4 department under this section. 5 (8)In addition to the registration and license fees provided by6subsections (1) and (2) of this section, tT here shall be 7 paid on all commercial vehicles having a maximum gross weight in excess of 8 sixty thousand (60,000) pounds, auseregistration 9 fee based upon theregisteredmaximum gross weightin10accordance with the following schedule. The use fees shall be calculated by11multiplying the mills per mile, determined from the mills per mile schedule12table, times the reported mileage for the vehicle, subject to the provisions13of this sectionof a vehicle as declared by the owner and the 14 total number of miles driven on public roads and highways in Idaho and in all 15 other jurisdictions. The appropriate registration fee shall be determined as 16 follows: 17 18 (a) If the owner is registering under the international registra- 19 tion plan (IRP), the appropriate mileage column shall be determined by the 20 total miles a fleet of vehicles was driven on public roads and highways in 21 Idaho and in all other jurisdictions in the preceding year, as defined in 22 section 49-117, Idaho Code, and by the maximum gross weight of vehicles 23 within a fleet while transporting general commodities and such vehicles 24 shall be registered under this subsection (8). 25 26 (b) If the owner is not registering under the international regis- 27 tration plan, the appropriate mileage column shall be determined by the 28 total miles each of the vehicles to be registered were driven on public 29 roads and highways in Idaho and in all other jurisdictions in the preced- 30 ing year and by the maximum gross weight of each vehicle while transport- 31 ing general commodities and such vehicles shall be registered under this 32 subsection (8) . 33 Maximum Gross 34 Weight of VehicleMills per MileTotal Miles Driven 35 (Pounds) 36 0-7,5007,501-40,000 Over 40,000 37 60,001-62,00030.05$ 550 $1,100 $2,740 38 62,001-64,00031.35560 1,130 2,820 39 64,001-66,00032.60580 1,160 2,910 40 66,001-68,00033.90600 1,200 3,000 41 68,001-70,00035.15620 1,240 3,090 42 70,001-72,00036.40640 1,280 3,190 43 72,001-74,00038.55660 1,320 3,290 44 74,001-76,00040.65680 1,360 3,390 45 76,001-78,00042.75700 1,400 3,490 46 78,001-80,00044.90720 1,440 3,600 47 80,001-82,00047.00740 1,480 3,710 48 82,001-84,00049.10760 1,530 3,820 49 84,001-86,00051.20790 1,570 3,930 50 86,001-88,00053.30810 1,620 4,050 51 88,001-90,00055.40830 1,670 4,170 52 90,001-92,00057.50860 1,720 4,300 53 92,001-94,00059.60890 1,770 4,430 54 94,001-96,00061.70910 1,820 4,560 55 96,001-98,00063.80940 1,880 4,700 11 1 Maximum Gross 2 Weight of VehicleMills per MileTotal Miles Driven 3 (Pounds) 4 98,001-100,00065.90970 1,940 4,840 5 100,001-102,00068.001,000 2,000 4,990 6 102,001-104,00070.101,030 2,060 5,140 7 104,001-106,00072.201,060 2,120 5,290 8 105,500 9 Over 105,500 1,090 2,180 5,450 10For each additional two thousand (2,000) pounds or fraction thereof in11excess of one hundred six thousand (106,000) pounds add 2.1 mills per mile.1213 (9)In addition to the registration and license fees of this sec-14tion, tT here shall be paid on all vehicles primarily 15 used as farm vehicles, and any commercial vehicleexclusively16primarily engaged in the transportation of logs, pulp wood 17 or boiler fuel , stull, poles, piling, rough lumber, ores, ore 18 concentrates, sand and gravel aggregates in bulk and other materials 19 incidental to construction , livestock and vehicles used for the sole 20 purpose of transporting milk from the farm to processing plant, having a maxi- 21 mum gross weight in excess of sixty thousand (60,000) pounds, ause22registration feein accordance with the following23schedule. The use fees shall be calculated by multiplying the mills per mile,24determined from the mills per mile schedule table, times the reported mileage25for the vehicle, subject to the provisions of this section.based 26 upon the gross weight of a vehicle as declared by the owner and the total num- 27 ber of miles driven on public roads and highways in Idaho and in all other 28 jurisdictions. The appropriate registration fee shall be determined as fol- 29 lows: 30 (a) If the owner is registering under the international registra- 31 tion plan (IRP), the appropriate mileage column shall be determined by the 32 total miles a fleet of vehicles was driven on public roads and highways in 33 Idaho and in all other jurisdictions in the preceding year, as defined in 34 section 49-117, Idaho Code, and by the maximum gross weight of vehicles 35 within a fleet while transporting the commodities listed in this subsec- 36 tion and such vehicles shall be registered under this subsection (9). 37 38 (b) If the owner is not registering under the international regis- 39 tration plan, the appropriate mileage column shall be determined by the 40 total miles each of the vehicles to be registered were driven on public 41 roads and highways in Idaho and in all other jurisdictions in the preced- 42 ing year and by the maximum gross weight of each vehicle while transport- 43 ing the commodities listed in this subsection and such vehicles shall be 44 registered under this subsection (9). 45 Maximum Gross 46 Weight of VehicleMills per MileTotal Miles Driven 47 (Pounds) 48 0-7,5007,501-40,000 Over 40,000 49 60,001-62,00022.45$170 $440 $1,370 50 62,001-64,00022.45170 450 1,410 51 64,001-66,00022.45170 460 1,460 52 66,001-68,00022.45180 480 1,500 53 68,001-70,00022.45190 500 1,550 54 70,001-72,00022.45190 510 1,600 12 1 Maximum Gross 2 Weight of VehicleMills per MileTotal Miles Driven 3 (Pounds) 4 72,001-74,00022.45200 530 1,650 5 74,001-76,00022.45200 540 1,700 6 76,001-78,00022.45210 560 1,750 7 78,001-80,00022.45220 580 1,800 8 80,001-82,00024.55220 590 1,860 9 82,001-84,00026.65230 610 1,910 10 84,001-86,00028.75240 630 1,970 11 86,001-88,00030.85240 650 2,030 12 88,001-90,00032.95250 670 2,090 13 90,001-92,00035.05260 690 2,150 14 92,001-94,00037.15270 710 2,220 15 94,001-96,00039.25270 730 2,280 16 96,001-98,00041.35280 750 2,350 17 98,001-100,00043.45290 780 2,420 18 100,001-102,00045.55300 800 2,500 19 102,001-104,00047.65310 820 2,570 20 104,001-106,00049.75320 850 2,650 21 105,500 22 Over 105,500 330 870 2,730 23For each additional two thousand (2,000) pounds or fraction thereof in24excess of one hundred six thousand (106,000) pounds add 2.1 mills per mile.2526 (10) If any vehicle, or combinations of vehicles move on the highways of 27 the state, and the vehicle or combination exceeds its registered maximum gross 28 weight there shall be paid for that vehicle, the registration 29 fees provided for in either subsection (8) or (9) of this section, as applica- 30 ble, for the actual gross weight of the vehicle or combination of vehicles for 31 the miles traveled at the heavier weight. 32 (a) If any vehicle or combination of vehicles registered in the 33 "0-7,500" mile column or in the "7,501-40,000" mile column exceeds the 34 maximum mileage use for that column, there shall be paid for that vehicle 35 or vehicles the registration fees provided in subsection (8) or (9) of 36 this section as applicable. 37 (b) If any vehicle or combination of vehicles registered under sub- 38 section (9) of this section is not eligible for registration under subsec- 39 tion (9), there shall be paid for that vehicle the fees provided for under 40 subsection (8) of this section. 41 (c) In addition to requiring the payment of any additional fees 42 under this section when a vehicle has not been properly registered but 43 should be registered under a higher fee schedule, the department may col- 44 lect a fifteen dollar ($15.00) administrative fee per vehicle as specified 45 in this section or in section 49-435, Idaho Code, as applicable, for proc- 46 essing the higher registration. 47 48 (d) The department may require the owner of any vehicle registered 49 under any fee schedule other than the highest fee schedule to provide 50 proof of the number of miles driven annually or proof of commodities pri- 51 marily transported, as applicable. The board shall promulgate rules to 52 specify acceptable mileage recordkeeping and commodity transportation 53 requirements. 54 (11) If any vehicle or combinations of vehicles haul nonreducible loads, 55 as authorized under the provisions of section 49-1004, Idaho Code, and weigh 13 1 less than the starting weights per axle configuration listed in column 1 of 2 subsection (2), section 49-1004, Idaho Code, then and in that event there 3 shall be paid for that vehicle, in addition to the other fees required in this 4 section, an additionalusefee of 2.1 mills per mile for each two 5 thousand (2,000) pounds or fraction thereof of the maximum gross weight in 6 excess of those set forth in section 49-1001, Idaho Code. 7 (12)Any owner operating vehicle combinations may apply to the8department for authority to report multiple weights and pay use fees based9upon the maximum gross weight of each configuration in the combination being10operated. The owner shall declare a maximum gross weight for each configura-11tion being operated but not more than three (3) maximum gross weights for a12vehicle combination may be declared. Any owner who receives authority to13report and pay use fees at multiple maximum gross weights shall register the14motor vehicle in a combination at the highest maximum gross weight of the15vehicle. Any owner who reports vehicle combinations at multiple weights and16fails to maintain records and furnish said records to the department upon17request which show the configuration of the combination of vehicles and the18trailer and unit number for all miles and trip segments traveled shall have19all miles assessed at the highest maximum gross weight of the combination of20vehiclesThe board may by rule prescribe a seasonal registration 21 fee for registration of vehicles used intermittently during a year. The sea- 22 sonal registration may be provided for by issuance of permits for the months 23 of operation in lieu of a license plate and registration certificate. The reg- 24 istration may be issued for up to three (3) months of the year but not the 25 entire calendar registration year. The seasonal registration fee shall be in 26 the same proportion to the annual registration fee as the proportion of the 27 number of months of seasonal registration bears to twelve (12) months, rounded 28 up to the nearest dollar, plus an administrative fee of ten dollars ($10.00). 29 Vehicles may not be registered for more than two (2) seasonal registrations in 30 one (1) calendar year as allowed by rule of the board. Seasonal registration 31 shall not apply to vehicles registered under section 49-435, Idaho Code. 32 The board may promulgate rules to provide for quarterly payment of regis- 33 tration fees for owners whose annual registration fees exceed three thousand 34 dollars ($3,000) for a registration year. The rules shall include adequate 35 controls to ensure the timely collection of quarterly registration fee pay- 36 ments . 37 (13) An applicant for registration of a commercial vehicle, a noncommer- 38 cial vehicle or a farm vehicle shall set forth the maximum gross weight of the 39 vehicle or combination of vehicles and the applicant shall pay any annual reg- 40 istration fees and any annual license fees on trailers and semitrailers 41 required at the time he makes application for registration subject to the pro- 42 visions of subsections (1), (2), (3) and (4) of this section. No part of the 43 registration or license fees shall be subject to refund. Theuse44 registration fee payment required shall be computed according to 45 the schedule in either subsection (8) or (9) of this section onthe46all mileage operated .over the high-47ways of the state of Idaho and the owner of any vehicle against which a use48fee is assessed, shall at the time of making his next quarterly report pay the49use fee, if any, for the three (3) calendar months immediately prior.50 In determining the mileage ,subject to the use fee, there51shall be deductedregistrants may deduct the miles 52 traveled on roadways maintained with private funds by agreement with the pub- 53 lic agency or agencies having jurisdiction over them. In no event shall the 54 total money credited to the owner for the mileage exceed the actual cost of 55 maintenance expended by him. The department may require proof of any 14 1 mileage claimed not to be miles traveled on roadways that are not public high- 2 ways and may demand odometer readings or other evidence specified by rule of 3 the department. 4(14) Any owner who operates or intends to operate non-Idaho based5vehicles in Idaho that are subject to the use fee required under the provi-6sions of this section shall apply for a use fee account before operating the7vehicles in Idaho. In lieu of establishing a use fee account the owner may8purchase a trip permit under the provisions of section 49-432 or 49-433, Idaho9Code, as applicable. The department shall develop rules to administer the use10fee account. Any owner who has not established a use fee account or has not11purchased a trip permit prior to operating in Idaho shall have committed an12infraction.13 SECTION 7. That Section 49-435, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 49-435. PROPORTIONAL REGISTRATION OF COMMERCIAL VEHICLES. (1) Any owner 16 engaged in operating one or more fleets may, in lieu of the registration fees 17 imposed by section 49-434, Idaho Code, register each fleet for operation in 18 this state by filing an application with the department which shall contain 19 the following information and such other information pertinent to vehicle reg- 20 istration as the department may require: 21 (a) Total fleet miles. This shall be the total number of miles operated 22 in all jurisdictions during the preceding year by the motor vehicles in a 23 fleet during the year. 24 (b) In-state miles. This shall be the total number of miles operated in 25 this state during the preceding year by motor vehicles in the fleets dur- 26 ing the year. 27 (c) A description and identification of each vehicle of the fleet which 28 is to be operated in this state during the registration year for which 29 proportional fleet registration is requested, and, as determined by the 30 department, the vehicle unit number of each fleet vehicle as assigned by 31 the owner. 32 (2) The application for each fleet shall, at the time and in the manner 33 required by the department, be supported by a fee payment computed as follows: 34 (a) Divide in-state miles by total fleet miles. 35 (b) Determine the total amount necessary to register each and every vehi- 36 cle in the fleet for which registration is required based on the regular 37 annual fees prescribed by section 49-434, Idaho Code. 38 (c) Multiply the sum obtained under subsection (2)(b) of this section, by 39 the quotient obtained under subsection (2)(a) of this section. 40 (3) The applicant for proportional registration of any fleet, the motor 41 vehicles of which are operated by him in jurisdictions in addition to those in 42 which the applicant's fleet motor vehicles are operated, may state those motor 43 vehicles separately in his application and compute and pay the fees in accor- 44 dance with the separate statement, as to which "total miles" shall be the 45 total miles of highway operation determined from miles of power units, whether 46 prorated or not, operated in combination with prorated trailers in all juris- 47 dictions during the preceding year. 48 (4) The department shall register the vehicle so described and identified 49 and may issue license plates or distinctive sticker or other suitable identi- 50 fication device for each vehicle listed in the application upon payment of the 51 fees required under subsection (2) and an additional identification charge of 52 eight dollars ($8.00) per vehicle. The fees collected for the additional iden- 53 tification shall be deposited to the state highway account. A registration 15 1 card shall be issued for each proportionally registered vehicle appropriately 2 identifying it which shall be carried in or upon the vehicle identified at all 3 times. 4 (5) Fleet vehicles so registered and identified shall be deemed to be 5 fully licensed and registered in this state for any type of movement or opera- 6 tion, except that, in those instances in which a grant of authority is 7 required for intrastate movement or operation, no vehicle shall be operated in 8 intrastate commerce in this state unless the owner has been granted intrastate 9 authority or rights by the public utilities commission and unless the vehicle 10 is being operated in conformity with such authority or rights. 11 (6) The right to the privilege and benefits of proportional registration 12 of fleet vehicles extended by this section, or by any contract, agreement, 13 arrangement or declaration made under the authority provided in section 14 49-201, Idaho Code, shall be subject to the condition that each fleet vehicle 15 proportionally registered shall also be proportionally or otherwise properly 16 registered in at least one other jurisdiction during the period for which it 17 is proportionally registered in this state. 18 (7) Vehicles acquired by the owner after the commencement of the regis- 19 tration year and subsequently added to a proportionally registered fleet shall 20 be proportionally registered by applying the mileage percentage used in the 21 original application for the fleet for that registration period to the annual 22 registration fees due with respect to those vehicles for the remainder of the 23 registration year. 24 (8) If any vehicle is withdrawn from a proportionally registered fleet 25 during the period for which it is registered, the owner of the fleet shall so 26 notify the department on appropriate forms to be prescribed by the department. 27 The department may require the owner to surrender proportional registration 28 cards and other identification devices which have been issued with respect to 29 the vehicle as the department may deem advisable. 30 (9) The initial application for proportional registration of a fleet 31 shall state the mileage data with respect to the fleet for the preceding year 32 in this and other jurisdictions. If no operations were conducted with the 33 fleet during the preceding year, the application shall contain a full state- 34 ment of the proposed method of operation and estimates of annual mileage in 35 this state and other jurisdictions. The department shall determine the in- 36 state and total fleet miles to be used in computing the fee payment for the 37 fleet. The department may evaluate and adjust the estimate in the application 38 if it is not satisfied as to the correctness submitted. 39 (10) The department may refuse to accept proportional registration appli- 40 cations for the registration of vehicles based in another jurisdiction if it 41 shall find that the other jurisdiction does not grant similar registration 42 privileges to fleet vehicles based in or owned by residents of this state. 43 (11) Any owner whose application for proportional registration has been 44 accepted shall preserve the records on which the application is based for a 45 period of four (4) years following the year of application. The owner shall 46 agree to make his records accessible to the department for audit as to accu- 47 racy of computations, payments and assessments of deficiencies or allowances 48 for credit. The department shall make arrangements with agencies of other 49 jurisdictions administering motor vehicle registration laws for joint audits 50 of any owner or exchange of audit information. No assessment for deficiency or 51 claim for credit may be made for any period for which records are no longer 52 required. Any sums found to be due and owing upon audit shall bear interest of 53 sixper centpercent (6%) from the date when they 54 should have been paid until the date of actual payment. If the audit discloses 55 a deliberate and willful intent to evade the requirements of appropriate pay- 16 1 ment under subsection (2)(b) of this section, an additional penalty of ten 2per centpercent (10%) shall also be assessed. 3 (12) No provision of this section relating to proportional registration 4 of fleet vehicles shall be construed as requiring any vehicle to be propor- 5 tionally registered if it is otherwise registered in this state for the opera- 6 tion in which it is engaged including regular registration or temporary trip 7 permit. 8(13) Proportionally registered vehicles having a maximum gross9weight in excess of sixty thousand (60,000) pounds shall pay a use fee in10accordance with section 49-434(4), (5), (6) and (7), Idaho Code, as applica-11ble.12 SECTION 8. That Section 49-435A, Idaho Code, be, and the same is hereby 13 repealed. 14 SECTION 9. That Section 49-436, Idaho Code, be, and the same is hereby 15 repealed. 16 SECTION 10. That Section 49-438, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 49-438. PENALTY FOR EXCEEDING REGISTERED GROSS WEIGHT. Any person who 19 shall operate, cause, permit, or suffer to be operated upon any highway any 20 vehicle or combination of vehicles with a gross weight in excess of the regis- 21 tered gross weight of the vehicle specified in this title, without having paid 22 the additional registrationand usefees required, shall have 23 committed an infraction. 24 SECTION 11. That Section 49-439, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 49-439. AUDIT GUIDELINES. (1) The department may audit an 27 owner of motor vehicles subject to fees pursuant to this chapter once every 28fivefour (54 ) years 29 unless probable cause, as defined by department rules and regulations30, exists that the owner has not paid fees due pursuant to this chapter 31 or has underreported or underpaid fees due pursuant to this chapter. An owner 32 selected for audit more frequently than thefivefour 33 (54 ) years may have the audit selection 34 reviewed for determination of the absence of probable cause by the district 35 court of the county where the owner resides or where the owner's place of 36 business is located or in Ada County, at the discretion of the owner. The 37 department shall promulgate rulesand regulationsoutlining its 38 procedures for audit selection, assignment and inventory. Any owner of motor 39 vehicles who has been subjected to an audit by the department that has not 40 been in compliance with the provisions of this section or rulesand reg-41ulationspromulgated pursuant thereto may recover attorney 's 42 fees and costs as may be determined by a court or may receive his 43 attorney 's fees and costs if granted, all or in part, by the 44 director all in accordance with section 12-117, Idaho Code. 45 (2) Every owner whose fees are computed as specified in section 46 49-434 or 49-435, Idaho Code, except those registering for over forty thousand 47 (40,000) miles driven under subsection (8) of section 49-434, Idaho Code, 48 shall maintain records and permit the department to inspect the records upon 49 request to substantiate the following: 17 1 2 (a) The actual miles traveled if using a mileage schedule in sub- 3 section (8) or (9) of section 49-434, Idaho Code, that is less than the 4 maximum mileage schedule. 5 6 (b) Identification of the commodities hauled if the owner is using 7 the schedule in section 49-434(9), Idaho Code, that provides a reduced 8 rate for specific commodities. 9 (3) When the records are maintained outside this state by owners engaged 10 in transportation in this state, the owner shall reimburse the department for 11 reasonable expenses incurred by the department in making audits of those 12 records and accounts at the out-of-state location. The owner or the department 13 may request that the records be presented at a place within the state desig- 14 nated by the department. The records must be presented by a representative of 15 the owner who is familiar with the records and who is responsible for the 16 safekeeping of the records. 17 (4) Every owner is required to maintain records for the current year and 18 the three (3) years immediately preceding. If an assessment has been made, 19 such fees may be collected by a proceeding in court within a period of three 20 (3) years after the assessment or a final order entered pursuant to subsection 21 (7) of this section. 22 (5) An owner who fails to maintain records as required by the provisions 23 of this section may have the registration of all vehicles registered under 24 section 49-434 or 49-435, Idaho Code, suspended until such time as adequate 25 records as required by the provisions of this section are provided. In the 26 event that the owner does not produce records, the department may assess a fee 27 based on an estimate of the operation. The department shall promulgate rules 28 specifying the methodology to be used to assess a fee based on an estimate of 29 the operation. 30 (6) An owner who fails to pay any fees due is subject to suspension of 31 vehicle registrations in addition to a penalty of ten percent (10%) of the 32 amount of fee determined to be due, plus interest of one percent (1%) of the 33 amount of the fee due for each month or fraction thereof after the fee became 34 due. An order suspending the vehicle registration shall be mailed to the owner 35 by the department. The suspension shall be canceled if the payment due is 36 made, plus penalty and interest, along with a reinstatement fee of forty dol- 37 lars ($40.00) per carrier within fifteen (15) days after receipt of the sus- 38 pension order. The department may remit all or any part of the penalty and 39 interest if satisfied that the delay was excusable. The department shall pro- 40 mulgate rules specifying when the penalty may be held in abeyance or be for- 41 given. The reinstatement fees shall be deposited to the state highway account. 42 The owner shall have the right to appeal the suspension by petitioning the 43 department for a hearing within ten (10) days after receipt of the suspension 44 order. If the suspension is subsequently canceled pursuant to the appeal, the 45 reinstatement fee shall not be due. 46 (7) An owner may contest an assessment made by the department within 47 thirty (30) days from receipt of the assessment by filing an appeal with the 48 department. Upon receipt of an appeal, the director or his authorized repre- 49 sentative shall schedule an informal conference between the owner and a repre- 50 sentative of the department. The informal conference must be conducted within 51 twenty (20) days from the date of receipt of notice of intent to appeal by the 52 owner. The owner and the representative of the department shall reduce all 53 conclusions, agreements and decisions to writing and the written report of the 54 results of that conference shall be provided to the director within ten (10) 55 days. If the results of the informal conference are not satisfactory to the 18 1 owner, he may continue with the appeal by informing the director in writing, 2 and the director or his authorized representative shall appoint a hearing 3 officer to conduct a contested case hearing in accordance with chapter 52, 4 title 67, Idaho Code. The hearing officer may subpoena witnesses and evidence 5 and administer oaths. The hearing officer shall prepare written findings of 6 fact and conclusions of law for the director or his authorized representative. 7 Upon receipt of findings of fact and conclusions of law, the director or his 8 authorized representative shall issue a final order affirming, modifying or 9 reversing the original assessment. All final orders rendered by the director 10 or his authorized representative shall be appealable in accordance with chap- 11 ter 52, title 67, Idaho Code. 12 13 SECTION 12. That Section 49-504, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 49-504. APPLICATIONS TO DEPARTMENT FOR CERTIFICATES -- PROCEDURE -- IDEN- 16 TIFICATION NUMBERS. (1) Application for a certificate of title shall be made 17 upon a form furnished by the department and shall contain a full description 18 of the vehicle including the make, identification numbers, and the odometer 19 reading at the time of sale or transfer, and whether the vehicle is new or 20 used, together with a statement of the applicant's title and of any liens or 21 encumbrances upon the vehicle, and the name and address of the person to whom 22 the certificate of title shall be delivered, and any other information as the 23 department may require. The application shall be filed with the department, 24 and if a certificate of title has previously been issued for that vehicle in 25 this state, shall be accompanied by the certificate of title duly assigned, 26 unless otherwise provided for in this chapter. The department may promulgate 27 rulesand regulationsto provide for exceptions to the odometer 28 requirement. 29 (2) If a certificate of title has not previously been issued for the 30 vehicle in this state, the application, unless otherwise provided for in this 31 chapter, shall be accompanied by a proper bill of sale or a duly certified 32 copy thereof, or by a certificate of title, bill of sale or other evidence of 33 ownership required by the law of any other state from which the vehicle was 34 brought into this state, and a vehicle identification number inspection com- 35 pleted by any city, county or state peace officer or other special agent 36 authorized by the department. 37 (3) In the case of a new vehicle being titled for the first time, no cer- 38 tificate of title or registration shall be issued unless the application is 39 indorsed by a franchised new vehicle dealer licensed to sell a new vehicle. 40 Each application shall be accompanied by a manufacturer ' s'41certificate of origin or manufacturer ' s'42 statement of origin executed by the manufacturer and delivered to his agent or 43 his franchised vehicle dealer. The certificate or statement of origin shall be 44 in a form prescribed by the board and shall contain the year of manufacture or 45 the model year of the vehicle, the manufacturer's vehicle identification num- 46 ber, the name of the manufacturer, the number of cylinders, a general descrip- 47 tion of the body, if any, and the type or model. Upon sale of a new vehicle, 48 the manufacturer, his agent or franchised dealer shall execute and deliver to 49 the purchaser an assignment of the certificate or statement, together with any 50 lien or encumbrance to which the vehicle is subject. 51 (4) The department shall retain the evidence of title presented by the 52 applicant and on which the certificate of title is issued. The department 53 shall maintain an identification numbers index of registered vehicles, and 19 1 upon receiving an application for a certificate of title, shall first check 2 the identification number shown in the application against the index. The 3 department, when satisfied that the applicant is the owner of the vehicle and 4 that the application is in proper form, shall issue in the name of the owner 5 of the vehicle a certificate of title bearing a title number, the date issued 6 and a description of the vehicle as determined by the department, together 7 with a statement of the owner's title and of all liens or encumbrances upon 8 the vehicle, and whether possession is held by the owner under a lease, con- 9 tract or conditional sale, or other like agreement. 10 (5) In all cases of transfer of vehicles the application for certificates 11 of title shall be filed within thirty (30) calendar days after the delivery of 12 the vehicles. Licensed dealers need not apply for certificate of title for 13 vehicles in stock or when they are acquired for stock purposes. 14 (6) In the case of the sale of a vehicle by a dealer to a general pur- 15 chaser or user, the certificate of title shall be obtained in the name of the 16 purchaser by the dealer upon application signed by the purchaser. If a lien is 17 to be recorded, the title documentation as required in this section shall be 18 submitted to the department by the dealer or the lienholder upon application 19 signed by the purchaser. A copy of this application shall be given to the pur- 20 chaser to be used as a seventy-two (72) hour temporary permit. In all other 21 cases the certificates shall be obtained by the purchaser and the seller's 22 bill of sale shall serve as a seventy-two (72) hour permit. This temporary 23 permit allows operation of any noncommercial vehicle or unladened commercial 24 vehicle or vehicle combination without license plates for the period of time 25 specified in the permit. A ladened commercial vehicle or vehicle combination 26 may also operate without license plates for the period of time specified in 27 the temporary permit provided that the owner or operator has also obtained a 28 permit issued under the provisions of section 49-432, Idaho Code, and29provided user fees have been paid for the ladened weight and mileage. 30 (7) If the vehicle has no identification number, then the department 31 shall designate an identification number for that vehicle at the time of issu- 32 ance of the certificate of title. The identification number shall be perma- 33 nently affixed to or indented upon the frame of the vehicle and legibly main- 34 tained by the owner at all times while a certificate of title to the vehicle 35 shall be issued and outstanding. 36 SECTION 13. That Section 49-1001, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 49-1001. ALLOWABLE GROSS LOADS. The gross load imposed on the highway by 39 any vehicle or combination of vehicles shall not exceed the limits in this 40 section. The maximum single axle gross weight shall be twenty thousand 41 (20,000) pounds, the maximum single wheel gross weight shall be ten thousand 42 (10,000) pounds and the maximum gross vehicle or combination weight shall be 43 one hundred five thousand five hundred (105,500) pounds, provided that maximum 44 gross vehicle or combination weight on United States federal interstate and 45 defense highways of this state shall not exceed eighty thousand (80,000) 46 pounds, except as permitted under the provisions of section 49-1004, Idaho 47 Code. 48 (1) The total gross weight imposed on the highway by any group of consec- 49 utive axles shall be determined by the following formula: 50 W=500((LN/N-1)+12N+36) 51 Where W is the maximum weight in pounds (to the nearest 500 pounds) car- 52 ried on any group of two (2) or more consecutive axles. L is the distance in 53 feet between the extremes of any group of two (2) or more consecutive axles, 20 1 and N is the number of axles under consideration. 21 1 NOTE: FOR A COPY OF THIS TABLE PLEASE 2 CONTACT LEGISLATIVE SERVICES OFFICE 3 (SHARON NATANSON 208-334-2475) OR 4 FOR A COPY OF THE PRINTED BILL PLEASE 5 CONTACT THE LEGISLATIVE MAIL ROOM 6 (208-334-3012). THANK YOU. 22 1 NOTE: FOR A COPY OF THIS TABLE PLEASE 2 CONTACT LEGISLATIVE SERVICES OFFICE 3 (SHARON NATANSON 208-334-2475) OR 4 FOR A COPY OF THE PRINTED BILL PLEASE 5 CONTACT THE LEGISLATIVE MAIL ROOM 6 (208-334-3012). THANK YOU. 23 1 (a) A public highway agency may limit the application of the weights 2 authorized in this section as to certain highways within its jurisdiction 3 which it determines have limited structural capacity of pavements, 4 bridges, or other appurtenances. In designating such highways, it may 5 specify a minimum wheelbase for combinations to be operated thereon. It 6 may also designate specific highways or portions on which operation of a 7 combination of vehicles with seven (7) through thirteen (13) axles will be 8 subject to specified lesser allowable gross weights. 9 (b) Notwithstanding the figures shown in the table in this subsection 10 (1), two (2) consecutive sets of tandem axles may carry a gross load of 11 thirty-four thousand (34,000) pounds each, providing the overall distance 12 between the first and last axles of such consecutive sets of tandem axles 13 is thirty-six (36) feet or more. 14 (c) Vehicles may operate with reducible loads at gross weights greater 15 than one hundred five thousand five hundred (105,500) pounds but not 16 exceeding one hundred twenty-nine thousand (129,000) pounds on noninter- 17 state highways in accordance with the provisions of section 49-1004, Idaho 18 Code, provided such vehicles are in compliance with the weight formula 19 specified in this subsection (1) of this section, have registered 20 and have paid theweight-distance operatingreg- 21 istration feescalculatedas specified in section 22 49-434, Idaho Code, and are in compliance with the length restrictions set 23 forth in section 49-1010(7), Idaho Code. 24 (2) The weight limitations set forth in the table in subsection (1) of 25 this section shall not apply to any vehicle, or combination of vehicles when a 26 greater allowed weight in pounds would be permitted such vehicles under the 27 table provided in this subsection, except that with regard to transportation 28 on the United States federal interstate and defense highways of this state, 29 the following table of allowable weights shall apply only to vehicles engaged 30 in the transportation of logs, pulp wood, stull, rough lumber, poles or pil- 31 ing; or to any such vehicle engaged in the transportation of ores, concen- 32 trates, sand and gravel and aggregates thereof, in bulk; or to any such vehi- 33 cle engaged in the transportation of agricultural commodities, including live- 34 stock: 35 Distance in feet between Allowed Load in Pounds 36 the extremes of any group Vehicles with Vehicles with 37 of 2 or more consecutive Three or Four Five or more 38 axles axles axles 39 3 through 12 37,800 37,800 40 13 56,470 56,470 41 14 57,940 57,940 42 15 59,400 59,400 43 16 60,610 60,610 44 17 61,820 61,820 45 18 63,140 63,140 46 19 64,350 64,350 47 20 65,450 65,450 48 21 66,000 66,330 49 22 66,000 67,250 50 23 66,000 67,880 51 24 66,000 68,510 52 25 66,000 69,150 53 26 66,000 69,770 54 27 66,000 70,400 55 28 66,000 70,950 24 1 Distance in feet between Allowed Load in Pounds 2 the extremes of any group Vehicles with Vehicles with 3 of 2 or more consecutive Three or Four Five or more 4 axles axles axles 5 29 66,000 71,500 6 30 66,000 72,050 7 31 72,600 8 32 73,150 9 33 73,700 10 34 74,250 11 35 74,800 12 36 75,350 13 37 75,900 14 38 76,450 15 39 77,000 16 40 77,550 17 41 78,100 18 42 78,650 19 43 and over 79,000 20 The weight allowances provided in this subsection do not apply if the total 21 gross weight of a vehicle or combination of vehicles is intended to exceed 22 seventy-nine thousand (79,000) pounds as declared by the operator. When the 23 provisions of this subsection are applicable to a vehicle or combination of 24 vehicles, it shall be a violation of the provisions of this subsection if that 25 vehicle or combination of vehicles exceeds the weights specified in this 26 table. 27 (3) In determining the gross weight of a vehicle or the gross weight of 28 any two (2) or more consecutive axles under subsection (1) or (2) or (9) of 29 this section, the total gross weight of the vehicle or combination of vehicles 30 or the gross weight of any two (2) or more consecutive axles shall be the sum 31 of the axle weights. 32 For the purposes of this chapter the gross weight of a vehicle or the 33 gross weight of any two (2) or more consecutive axles may be determined by 34 accumulatively adding the separate weights of individual axles and tandem 35 axles or groups of axles to determine gross weight. The results of any weigh- 36 ing at a temporary or permanent port of entry and the records relating to the 37 calibration and accuracy of any scale at a temporary or permanent port of 38 entry shall be admissible in any proceeding in this state. In order to prove a 39 violation of the provisions of this section the state must show that: 40 (a) The sum of the axle weights exceeds what is allowable under the pro- 41 visions of subsection (1) or (2) or (9) of this section; 42 (b) The scale involved in the weighing was at the time of weighing cali- 43 brated in conformity with and met the accuracy requirements of the stan- 44 dards for the enforcement of traffic and highway laws as set forth in the 45 latest edition of handbook 44 of the national institute of standards and 46 technology; 47 (c) Weights of individual axles or axles within a commonly suspended 48 group of axles supported by a mechanical system designed to distribute 49 equal wheel loads to individual axles in the group were utilized only to 50 determine gross weights of that group of axles, and that any further eval- 51 uation of gross weights of combinations of axles considered only the accu- 52 mulated gross weight of each such commonly suspended group of axles. 53 (4) In applying the weight limitations imposed in this section, a vehicle 54 or combination of vehicles must comply exclusively with the weight limitations 55 in either subsection (1) or (2) or (9) of this section. 25 1 (5) In applying the weight limitations imposed in this section, the dis- 2 tance between axles shall be measured to the nearest even foot. When a frac- 3 tion is exactly one-half (1/2) foot the next larger whole number shall be 4 used. 5 (6) The limitations imposed in this section are in addition and supple- 6 mental to all other laws imposing limitations upon the size and weight of 7 vehicles. Further, single axles within groups of axles are subject to the pro- 8 visions and limitations of this chapter. Single axles within groups of axles 9 may be weighed and evaluated separately, or single axles may be prequalified 10 in accordance with rules or ordinances established by the board or other pub- 11 lic road jurisdiction, if any of the following conditions exist regarding the 12 single axle within a group of axles: 13 (a) A suspension system common to all axles in the group of axles does 14 not exist. 15 (b) One (1) or more axles in the group of axles is equipped with separate 16 variable load suspension controls to regulate the weight carried by indi- 17 vidual axles. 18 (c) One (1) or more axles in a group of axles is equipped with more or 19 fewer tires than other axles in the group of axles. 20 (d) All tires in the group of axles are not the same size as determined 21 by the manufacturer's sidewall rating. 22 (7) Notwithstanding the other provisions of this chapter, no vehicle, 23 motor vehicle, trailer and/or semitrailer, or combination thereof, may be 24 operated on the public highways of the state under loads which would result in 25 the withholding of funds by operation of controlling federal law as provided 26 in the Federal Aid Highway Act of 1956, as amended. 27 (8) Except as provided herein, no vehicle or combination of vehicles may 28 proceed past the place of weighing at temporary or permanent ports of entry or 29 checking stations when: the weight of a single axle exceeds the maximum limi- 30 tations set forth herein by two thousand (2,000) pounds or more; the weight of 31 a combination of axles, or gross vehicle weight exceeds the maximum allowable 32 weight as set forth herein by seven percent (7%) or more. Vehicles or combina- 33 tions of vehicles which exceed the weight limitations set forth herein shall 34 be required to be brought into compliance with applicable weight limitations 35 contained within this subsection at the place of weighing prior to continuing, 36 except those vehicles or combinations of vehicles which are transporting loads 37 which, in the determination of the board or other proper authorities in charge 38 of or having jurisdiction over a highway, are deemed unsafe or impractical to 39 bring into compliance at the place of weighing, and except those vehicles 40 which do not exceed fifteen percent (15%) over maximum axle and axle group 41 weights set forth in this section. Vehicles or combinations of vehicles trans- 42 porting loads in this latter category shall obtain a travel authorization to 43 the nearest place of safe unloading, load adjustment or other means of 44 legalization. 45 (a) Neither the state of Idaho or its employees, nor any authority and 46 its employees in charge of or having jurisdiction over a highway, shall be 47 held liable for personal injury or property damage resulting from the 48 requirements of section 49-1001(8), Idaho Code. 49 (b) The fee for a travel authorization as set forth above shall be fifty 50 dollars ($50.00) and shall be on a form prescribed by the board or other 51 proper authorities, and shall not be construed as contributing to a reduc- 52 tion in the penalties prescribed in section 49-1013, Idaho Code. 53 (c) The board or other proper authorities in charge of or having juris- 54 diction over a highway shall adopt and enforce administrative rules as may 55 be necessary to carry out the provisions of this section. 26 1 (9) For vehicles on all highways except the United States federal inter- 2 state and defense highways of this state, the following table shall apply: 3 Distance in feet between Allowed Load in Pounds 4 the extremes of any group Vehicles with Vehicles with 5 of 2 or more consecutive Three or Four Five or more 6 axles axles axles 7 3 through 12 37,800 37,800 8 13 56,470 56,470 9 14 57,940 57,940 10 15 59,400 59,400 11 16 60,610 60,610 12 17 61,820 61,820 13 18 63,140 63,140 14 19 64,350 64,350 15 20 65,450 65,450 16 21 66,000 66,330 17 22 66,000 67,250 18 23 66,000 67,880 19 24 66,000 68,510 20 25 66,000 69,150 21 26 66,000 69,770 22 27 66,000 70,400 23 28 66,000 70,950 24 29 66,000 71,500 25 30 66,000 72,050 26 31 72,600 27 32 73,150 28 33 73,700 29 34 74,250 30 35 74,800 31 36 75,350 32 37 75,900 33 38 76,450 34 39 77,000 35 40 77,550 36 41 78,100 37 42 78,650 38 43 and over 80,000 39 The weight allowances provided in this subsection do not apply if the total 40 gross weight of a vehicle or combination of vehicles is intended to exceed 41 eighty thousand (80,000) pounds as declared by the operator. When the provi- 42 sions of this subsection are applicable to a vehicle or combination of vehi- 43 cles, it shall be a violation of the provisions of this subsection if that 44 vehicle or combination of vehicles exceeds the weights specified in this 45 table. 46 (10) When owned by or under contract to or under authority of a city, 47 county, or state agency, refuse/sanitation trucks transporting refuse may be 48 operated on public highways in accordance with the weights allowed in subsec- 49 tion (9) of this section, except that such trucks equipped with single rear 50 axles are allowed twenty-four thousand (24,000) pounds on that single rear 51 axle when specifically authorized by the public highway agency governing the 52 highways over which the refuse/sanitation truck is operating and provided the 53 following conditions are met: 54 (a) The weight allowances provided for in this subsection shall not apply 55 to the United States federal interstate and defense highways of the state; 27 1 and 2 (b) The owner or operator has paid an annual operating fee for a permit, 3 not to exceed fifty dollars ($50.00) per refuse/sanitation truck to each 4 public agency governing the public highways over which the 5 refuse/sanitation truck operates. The permit shall be carried in the 6 refuse/sanitation truck. The permit fee may be waived by a public agency 7 for refuse/sanitation trucks operated over public highways under that 8 agency's jurisdiction. 9 (11) Variable load suspension axles shall meet the following criteria in 10 order to be included in the computation of gross vehicle or axle weight limits 11 for vehicles under the provisions of this section: 12 (a) The deployment control switch for such axles may be located inside of 13 the driver's compartment but the pressure regulator valve for the opera- 14 tion of pressure on the pavement shall be located outside of and inacces- 15 sible to the driver's compartment. 16 (b) The manufacturer's gross axle weight rating of each such axle must 17 not be less than the actual loading of the axle. 18 (c) All variable load suspension axles mounted on a vehicle after January 19 1, 1990, shall be designed to be self-steering in a manner that will guide 20 or direct the variable load suspension mounted wheels through a turning 21 movement without undue tire scrubbing or pavement scuffing. 22 (d) The manufacturer's gross tire weight rating of each tire must not be 23 less than the actual loading of the tire. 24 (e) Variable load suspension axles must be fully deployed or fully 25 raised. For applicable definitions, see sections 49-117 and 49-123, Idaho 26 Code. 27 (12) Any person who operates a motor vehicle with a variable load suspen- 28 sion axle in violation of the provisions of this section shall be subject to 29 the penalties provided in section 49-1013, Idaho Code. 30 SECTION 14. It is legislative intent that the provisions of this act 31 which change registration for vehicles weighing in excess of sixty thousand 32 pounds gross vehicle weight from a combination of registration fees and 33 weight-distance use fees to a system of registration fees only shall be reve- 34 nue neutral. The Legislature hereby directs the Idaho Transportation Depart- 35 ment to review the level of fees collected under the repealed system of regis- 36 tration fees and weight-distance use fees and the newly enacted system of reg- 37 istration fees only and to report the revenues raised under the year preceding 38 and the last year of the old system and the first and the second years of the 39 new system to the First Regular Session of the Fifty-seventh Idaho Legisla- 40 ture. 41 SECTION 15. (1) This act shall be in full force and effect on and after 42 January 1, 2001, except as otherwise specifically provided in this section. 43 (2) With regard to registrations for vehicles exceeding sixty thousand 44 pounds gross vehicle weight which expire on December 31, 2000, the Idaho 45 Transportation Department may accept payment for registration fees that will 46 become effective on January 1, 2001, beginning October 1, 2000, and the owners 47 of those vehicles shall cease to accrue new liability for repealed weight- 48 distance use fees on January 1, 2001, and shall be liable for the new regis- 49 tration fees on January 1, 2001. Not later than the last day of March, 2001, 50 each such owner shall file with the department a statement of the gross miles 51 each vehicle has traveled over the highways of the state of Idaho for the 52 fourth calendar quarter of 2000 and shall remit the weight-distance use fees 53 for that calendar quarter. 28 1 (3) With regard to registration for vehicles exceeding sixty thousand 2 pounds gross vehicle weight which expire in any month of the year 2001, the 3 owners of those vehicles shall cease to accrue new liability for the repealed 4 weight-distance use fees and shall be liable for the new registration fees on 5 the first day of the month during which their registration is due. Owners of 6 vehicles whose registration for the year 2001 has not yet expired during a 7 given calendar quarter shall continue to accrue, report and remit the weight- 8 distance use fees until the quarter in which their registration expires under 9 the repealed weight-distance statutes. Not later than the last day of the 10 month following the end of the calendar quarter in the year 2001 in which the 11 vehicle registration expires, each such owner shall file with the department a 12 statement of the gross miles each vehicle traveled over the highways of the 13 state of Idaho for the months of that calendar quarter of 2001 for which the 14 owner was liable for weight-distance use fees and shall remit the weight- 15 distance use fees for that calendar quarter. 16 (4) All owners of vehicles exceeding sixty thousand pounds gross vehicle 17 weight shall continue to be liable for weight-distance use fees accrued before 18 the registration of a given vehicle expires, either on December 31, 2000, or 19 during the year 2001, for the same time that they would be liable under the 20 repealed weight-distance use fees. The Idaho Transportation Department may 21 continue to enforce the repealed statutes addressing payment and collection of 22 weight-distance use fees to audit and collect weight-distance use fees for the 23 limitation period that would be in effect if the weight-distance use fees had 24 not been repealed.
STATEMENT OF PURPOSE
RS09196
This bill revises Idaho's system of fees for trucks exceeding
60,000 pounds maximum gross weight of vehicle. The current
system of fees has two components: a flat registration fee of
$120 per vehicle and a weight-distance user that increases by
2,000-pound increments from the first weight grouping of
60,001-62,000 pounds maximum gross weight of vehicle. The
current weight-distance fee has two categories: a higher fee
for trucks hauling general commodities and a lower fee for
trucks carrying certain limited commodities. For 80,000
pounds, the most weight at which heavy trucks are registered,
the fees are 44.90 mills per mile and 22.45 mills per mile
respectively. This bill repeals weight-distance fees and
increases registration fees. This bill creates three
registration mileage bands and preserves two schedules for
general commodities and limited commodities. For an 80,000-pound truck the registration fees are:
Under 7,500 7,500 miles to Over 40,000
miles 40,000 miles miles
Regular $720 $1,440 $3,600
Commodities
Limited $220 $ 580 $1,800
Commodities
This bill also allows Idaho-based carriers to seasonally
register at a discount from the annual fees. One purpose of
this bill is to settle a lawsuit pending before the state
district courts. The lawsuit was brought by the American
Trucking Association and two interstate carriers, one Idaho-based and other Utah-based. The lawsuit challenges the current
system of limited and general commodities fees under the
Commerce Clause of the United States constitution on the
ground that the limited commodity fees are disproportionately
used by Idaho-based carriers. The remedy sought by the
plaintiffs is a refund of the difference between the general
commodity fees and the limited commodity fees, which would be
approximately $10,000,000 per year for each year of refund.
The lawsuit was filed in 1997. With a four-year statute of
limitations, the lawsuit would encompass about $80,000,000 of
refund claims if it reached the Idaho Supreme Court in the
year 2001 after a November 1999 trial. If this bill passes,
the plaintiffs have committed to drop their lawsuit and claims
for refunds.
FlSCAL NOTE
This bill is intended to be revenue neutral to the
transportation department and to the trucking industry as a
whole. Section 14 requires the transportation department to
report to the legislature whether revenue neutrality has been
achieved.
CONTACT: Skip Smyser
208/342-0777
STATEMENT OF PURPOSE/ FlSCAL NOTE Bill No. H 371