Print Friendly HOUSE BILL NO. 129 – Motor carriers, registration violtn
HOUSE BILL NO. 129
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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,
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN 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-
18 ing 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
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.
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
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
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-
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 of or receiving an infraction
42 judgment or 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 of or receiving an infraction
47 judgment or 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 infraction judgment conviction
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-
1 tribution account.
STATEMENT OF PURPOSE
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
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.
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.
Name: Alan Frew
Agency: Idaho Department of Transportation
Statement of Purpose/Fiscal Impact H 129