1999 Legislation
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HOUSE BILL NO. 129 – Motor carriers, registration violtn

HOUSE BILL NO. 129

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Daily Data Tracking History



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

Bill Text


H0129


                                                                        
 ||||              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
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  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-


                                          3

 1    tribution account.

Statement of Purpose / Fiscal Impact


                       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