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H0129.........................................by TRANSPORTATION AND DEFENSE
MOTOR CARRIERS - Amends existing law to clarify penalty provisions for
violations relating to registration of motor carriers.
01/27 House intro - 1st rdg - to printing
01/29 Rpt prt - to Transp
02/05 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/09 3rd rdg - PASSED - 58-7-5
AYES -- Alltus, Barraclough, Black, Boe, Bruneel, Callister,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Limbaugh, Linford,
Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moyle,
Pomeroy, Ridinger, Ringo, Robison, Schaefer, Sellman, Smith,
Stevenson, Stoicheff, Stone, Tippets, Trail, Watson, Wheeler,
Zimmermann, Mr Speaker
NAYS -- Barrett, Bieter, Lake, McKague, Pischner, Sali, Wood
Absent and excused -- Bell, Reynolds, Taylor, Tilman, Williams
Floor Sponsor - Smith
Title apvd - to Senate
02/10 Senate intro - 1st rdg - to Transp
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 Rules susp - FAILED - 14-20-1
AYES--Andreason, Boatright, Bunderson, Frasure, Hawkins, Ingram,
Keough, McLaughlin, Richardson, Schroeder, Sorensen, Stegner, Thorne,
Whitworth
NAYS--Branch, Burtenshaw, Cameron, Crow, Danielson, Darrington,
Davis, Deide, Dunklin, Geddes, Ipsen, King, Lee, Noh, Riggs, Risch,
Sandy, Stennett, Twiggs, Wheeler
Absent and excused--Parry
Floor Sponsor - Ingram
Filed with Chief Clerk
H0129|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 129 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO MOTOR CARRIERS; AMENDING SECTION 49-438, IDAHO CODE, TO CLARIFY 3 THAT OPERATION OF A VEHICLE OR COMBINATION OF VEHICLES IN EXCESS OF THE 4 REGISTERED GROSS WEIGHT IS AN INFRACTION OFFENSE; AMENDING SECTION 49-456, 5 IDAHO CODE, TO PROVIDE THAT IT IS A VIOLATION OF REGISTRATION PROVISIONS 6 OF LAW TO OPERATE A VEHICLE OR COMBINATION OF VEHICLES ON A COMMERCIAL 7 BASIS WHEN THE VEHICLE OR COMBINATION OF VEHICLES WAS REGISTERED AS A FARM 8 VEHICLE OR NONCOMMERCIAL VEHICLE; AND AMENDING SECTION 49-1013, IDAHO 9 CODE, TO CLARIFY THAT PERSONS CONVICTED OF AN INFRACTION OR MISDEMEANOR 10 ARE SUBJECT TO THE PENALTIES AS PROVIDED IN THIS SECTION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 49-438, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 49-438. PENALTY FOR EXCEEDING REGISTERED GROSS WEIGHT. Any person who 15 shall operate, cause, permit, or suffer to be operated upon any highway any 16 vehicle or combination of vehicles with a gross weight in excess of the regis- 17 tered gross weight of the vehicle specified in this title,without hav-18ing paid the additional registration and use fees required,shall have 19 committed an infraction. 20 SECTION 2. That Section 49-456, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 49-456. VIOLATIONS OF REGISTRATION PROVISIONS. It shall be unlawful for 23 any person: 24 (1) To operate or for the owner to permit the operation upon a highway of 25 any motor vehicle, trailer or semitrailer which is not registered and which 26 does not have attached and displayed the license plates assigned to it for the 27 current registration year, subject to the exemptions allowed in sections 28 49-426, 49-431, 49-432 and 49-433, Idaho Code. 29 (2) To display or cause or permit to be displayed, or to have in posses- 30 sion any registration card or license plate knowing the same to be fictitious 31 or to have been cancelled, revoked, suspended or altered. 32 (3) To lend or knowingly permit the use by one not entitled to any regis- 33 tration card or license plate issued to the person so lending or permitting 34 that use. 35 (4) To fail or refuse to surrender to the department, upon demand, any 36 registration card or license plate which has been suspended, cancelled or 37 revoked. 38 (5) To use a false or fictitious name or address in any application for 39 the registration of any vehicle or for any renewal or duplicate, or knowingly 40 to make a false statement or conceal a material fact or otherwise commit a 41 fraud in any application. 2 1 (6) To operate a motor vehicle or combination of vehicles on a com- 2 mercial basis when the vehicle or combination was registered as a farm vehicle 3 or noncommercial vehicle. 4 SECTION 3. That Section 49-1013, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 49-1013. PENALTIES FOR VIOLATIONS. (1) It shall be unlawful and consti- 7 tute a misdemeanor for any person to violate any of the provisions of this 8 chapter, except that violations of law as specified in paragraphs (a), (b) and 9 (c) of subsection (3) of this section shall constitute an infraction. 10 (2) Persons convicted of violations of the provisions of sections 49-1003 11 and 49-1006 through 49-1012, Idaho Code, shall be subject to punishment by a 12 fine of not to exceed three hundred dollars ($300) or by imprisonment in the 13 county jail for not more than thirty (30) days or by a combination of such 14 fine and imprisonment. 15 (3) Persons convicted of violations of the provisions of sections 16 49-1001, 49-1002, 49-1004, and 49-1005, Idaho Code, shall be subject to a pen- 17 alty as prescribed herein: 18 (a) One (1) pound through one thousand (1,000) pounds overweight shall be 19 five dollars ($5.00) and shall constitute an infraction. 20 (b) One thousand one (1,001) pounds through two thousand (2,000) pounds 21 overweight shall be fifteen dollars ($15.00) and shall constitute an 22 infraction. 23 (c) Two thousand one (2,001) pounds through four thousand (4,000) pounds 24 overweight shall be twenty-five dollars ($25.00) and shall constitute an 25 infraction. 26 (d) Four thousand one (4,001) pounds through fifteen thousand (15,000) 27 pounds overweight shall be twenty-five dollars ($25.00) plus $.1341 per 28 pound for each additional pound over four thousand (4,000) pounds over- 29 weight. 30 (e) Fifteen thousand one (15,001) pounds through twenty thousand (20,000) 31 pounds overweight shall be one thousand five hundred dollars ($1,500) plus 32 twenty cents ($.20) per pound for each additional pound over fifteen thou- 33 sand (15,000) pounds overweight. 34 (f) Twenty thousand one (20,001) pounds and greater shall be two thousand 35 five hundred dollars ($2,500) plus thirty cents ($.30) per pound for each 36 additional pound over twenty thousand (20,000) pounds overweight. 37 (g) In addition to the penalties specified in this subsection, one hun- 38 dred fifty dollars ($150) for failure to deploy a variable load suspension 39 axle which results in adjacent axles exceeding allowable weight by two 40 thousand one (2,001) pounds or more. 41 (4) Persons convicted ofor receivingan infraction42judgmentor misdemeanor for violating two (2) or more of 43 the provisions of section 49-1001, 49-1002 or 49-1004, Idaho Code, at any one 44 (1) time shall be assessed the full amount of the penalty for the primary 45 violation. In addition to the assessment of the penalty for the primary viola- 46 tion, the person convicted ofor receivingan infraction47judgmentor misdemeanor shall be assessed a penalty of ten 48 dollars ($10.00) for each additional misdemeanor conviction or five dollars 49 ($5.00) for each additional infractionjudgmentconviction 50 for violations of section 49-1001, 49-1002 or 49-1004, Idaho Code, com- 51 mitted at the same time. 52 (5) All moneys collected as a result of the penalties prescribed in sub- 53 sections (3) and (4) of this section, shall be deposited into the highway dis- 3 1 tribution account.
STATEMENT OF PURPOSE
RS08382
The purpose of this legislation is to:
1). Amend Section 49-438, Idaho Code, by removing the words
"without having paid the additional registration and use fee
required." These words create confusion when the judicial system is
handling a citation for operating at a gross weight in excess of
the registered gross weight. The words have led to the mistaken
belief that there is a method to pay in advance for hauling at a
weight in excess of the registered weight. The Idaho Code has no
provision for this purpose. This amendment will clarify that it is
an infraction to haul at a gross weight in excess of the registered
weight.
2). Amend Section 49-456, Idaho Code, to include an infraction
penalty for operating on a commercial basis with a vehicle that is
licensed for farm or non-commercial use only.
3). Amend Section 49-1013, Idaho Code to remove the words "or
receiving" and "judgment." The words are unrelated to the action to
be taken by the judiciary when determining the guilt or innocence
of the violator and they cause confusion in administering the
penalty. The words "or misdemeanor" have been added to clarify that
this code section includes two levels of penalties depending on the
seriousness of the violation.
FISCAL IMPACT
No additional expenditures will be required. Revenue reporting
through the weight distance tax and registration fee will increase
to some extent depending on the number of enforcement actions that
result in correcting truck registrations.
CONTACT
Name: Alan Frew
Agency: Idaho Department of Transportation
Phone: 334-8694
Statement of Purpose/Fiscal Impact H 129