1999 Legislation
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SENATE BILL NO. 1160 – MV/certain/exceed speed limit/pnlty

SENATE BILL NO. 1160

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Daily Data Tracking History



S1160.....................................................by TRANSPORTATION
MOTOR VEHICLES - SPEED LIMIT - Adds to existing law to provide an
infraction and a civil penalty in addition to other penalties that may be
imposed when a motor vehicle that has five or more axles, or is operating
at a gross weight of more than 20,000 pounds, exceeds the posted speed
limit by ten miles per hour or more; and to provide factors the court shall
ascertain in determining the amount of the additional penalty.

02/12    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Transp

Bill Text


S1160


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1160

                               BY TRANSPORTATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO EXCEEDING THE SPEED LIMIT; AMENDING CHAPTER  6,  TITLE  49,  IDAHO
 3        CODE,  BY THE ADDITION OF A NEW SECTION 49-654A, IDAHO CODE, TO PROVIDE AN
 4        INFRACTION AND A CIVIL PENALTY IN ADDITION TO OTHER PENALTIES THAT MAY  BE
 5        IMPOSED  WHEN  A  MOTOR VEHICLE THAT HAS FIVE OR MORE AXLES OR HAS A GROSS
 6        WEIGHT OF MORE THAN TWENTY THOUSAND POUNDS EXCEEDS THE POSTED SPEED  LIMIT
 7        BY  TEN  MILES  PER  HOUR  OR  MORE AND TO PROVIDE FACTORS THE COURT SHALL
 8        ASCERTAIN IN DETERMINING THE AMOUNT OF THE ADDITIONAL PENALTY.

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

10        SECTION 1.  That Chapter 6, Title 49, Idaho Code,  be,  and  the  same  is
11    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
12    known and designated as Section 49-654A, Idaho Code, and to read as follows:

13        49-654A.  CERTAIN MOTOR VEHICLES EXCEEDING THE SPEED LIMIT  BY  TEN  MILES
14    PER HOUR OR MORE. Whenever the driver of a motor vehicle, that has five (5) or
15    more  axles  or  is  operating  at a gross weight of more than twenty thousand
16    (20,000) pounds, exceeds the posted speed limit by ten (10) miles per hour  or
17    more,  he  shall be guilty of an infraction and shall be punished by a fine of
18    one hundred dollars ($100). In addition to any other penalty provided for such
19    action, the court may impose a civil penalty not in  excess  of  ten  thousand
20    dollars  ($10,000).  In imposing a penalty pursuant to this section, the court
21    shall review the driver's driving record and the  court  shall  determine  the
22    risk  to  safety the violation caused, the number of cars on the road with the
23    offending vehicle at the time, the weather and road conditions at the time  of
24    the  violation   and  the  number  of  miles per hour over the speed limit the
25    driver was going at the time of the violation.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                           RS 08790C3

The purpose of this provision is to remedy a growing safety
problem on the highways of our state. This legislation, if
enacted, would provide for enhanced penalties and stiff civil
penalties for trucks (defined as having five or more axles or a
gross weight in excess of 20,000 pounds) who exceed the speed
limits by more than ten miles per hour.



                           FISCAL NOTE

There should be no negative fiscal impact to any fund of
government. Approximate $1300.00 cost for Department of
Transportation to replace current signs to reflect change. There
may be a positive impact to the state general fund if civil
penalties are collected pursuant to this bill.





CONTACT: John Sandy
Phone:   332-1305

STATEMENT OF PURPOSE/ FISCAL NOTE











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