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H0130.........................................by TRANSPORTATION AND DEFENSE SNOW REMOVAL EQUIPMENT - Amends existing law to establish requirements for lighting on snow removal equipment. 01/27 House intro - 1st rdg - to printing 01/29 Rpt prt - to Transp
H0130|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 130 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO VEHICLE EQUIPMENT; AMENDING SECTION 49-901, IDAHO CODE, TO ELIMI- 3 NATE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF LAW ENFORCEMENT TO 4 ADOPT STANDARDS AND SPECIFICATIONS FOR LAMPS ON SNOW REMOVAL EQUIPMENT AND 5 TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 49-929, IDAHO CODE, 6 TO ESTABLISH REQUIREMENTS FOR LAMPS ON SNOW REMOVAL EQUIPMENT OPERATING ON 7 HIGHWAYS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 49-901, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 49-901. DUTIES OF DEPARTMENT AND DIRECTOR OF LAW ENFORCEMENT. (1)12The director shall adopt standards and specifications applicable to head13lamps, clearance lamps, identification and other lamps on snow removal equip-14ment when operated on the highways in lieu of the lamps otherwise required on15vehicles by this title. Standards and specifications may permit the use of16flashing lights for purposes of identification on snow removal equipment when17in service upon the highways.18(2)The director may adopt standards and specifications applicable 19 to lighting equipment on and special warning devices to be carried by school 20 buses supplemental to but consistent with the provisions of section 49-914, 21 Idaho Code. Standards and specifications shall correlate with and so far as 22 possible conform to specifications then current as approved by the society of 23 automotive engineers. 24 (32 ) The director is authorized to approve or 25 disapprove lighting devices and to issue and enforce regulations establishing 26 standards and specifications for the approval of lighting devices, their 27 installation, adjustment, and aiming, and adjustment when in use on motor 28 vehicles. Regulations shall correlate with and, so far as practicable, conform 29 to the then current standards and specifications of the society of automotive 30 engineers applicable to that equipment. 31 (43 ) The director shall approve or disapprove 32 any lighting device, of a type on which approval is specifically required in 33 this title, within a reasonable time after the device has been submitted. He 34 is authorized to set up the procedure which shall be followed when any device 35 is submitted for approval, and upon approving any lamp or device shall issue 36 to the applicant a certificate of approval together with any instructions 37 determined by him. The department shall publish lists of all lamps and devices 38 by name and type which have been approved. Any person desiring approval of a 39 device shall notify the director in writing of the person's intention and 40 shall submit the device for testing and approval as directed by the director. 41 The director shall not approve a lighting device on any motorcycle or motor- 42 driven cycle that does not have a self-recovery lighting system such as a gen- 43 erator or alternator to replace the power supply. 2 1 (54 ) The director shall approve and disapprove 2 warning lighting devices on emergency and police vehicles and establish stan- 3 dards and specifications for emergency warning lighting devices. 4 (65 ) When the department has reason to believe 5 that an approved device as being sold commercially does not comply with the 6 requirements of this title, the director may, after giving thirty (30) days' 7 previous notice to the person holding the certificate of approval for the 8 device in this state, conduct a hearing upon the question of compliance of the 9 approved device. After the hearing he shall determine whether the approved 10 device meets the requirements of this title. If the device does not meet the 11 requirements of this title, he shall give notice to the person holding the 12 certificate of approval for the device in this state. 13 If at the expiration of ninety (90) days after the notice, the person 14 holding the certificate of approval for the device has failed to satisfy the 15 department that the approved device as thereafter to be sold meets the 16 requirements of this title, the director shall suspend or revoke the approval 17 issued until or unless the device is resubmitted to and retested by an 18 approved testing agency and found to meet the requirements of this title, and 19 may require that all the devices sold since the notification following the 20 hearing be replaced with devices that do comply with the requirements of this 21 title. The department may at the time of the retest, purchase in the open mar- 22 ket and submit to the testing agency one (1) or more sets of the 23 approved devices, and if the device upon retest fails to meet the requirements 24 of this title, the director may refuse to renew the certificate of approval of 25 the device. 26 (76 ) The director shall adopt and enforce 27 safety requirements, regulations and specifications applicable to air condi- 28 tioning equipment which shall correlate with and, so far as possible, conform 29 to the current recommended practice or standard applicable to air conditioning 30 equipment approved by the society of automotive engineers. 31 (87 ) The director in cooperation with the state 32 board of education shall adopt and enforce regulations not inconsistent with 33 this title to govern the design and operation of all school buses when owned 34 and operated by any school district or privately owned and operated under con- 35 tract with any school district in the state, and these regulations shall by 36 reference be made a part of any contract with a school district. Every school 37 district, its officers and employees, and every person employed under contract 38 by a school district shall be subject to these regulations. 39 SECTION 2. That Section 49-929, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 49-929. LIGHTS ON SNOW REMOVAL EQUIPMENT.It shall be unlawful to42operate any snow removal equipment on any highway unless lamps on the equip-43ment comply with and are lighted when and as required by the standards and44specifications adopted by the director of the Idaho transportation department.4546 (1) Head lamps, turn signals and flashing or rotating warning 47 lights shall be mounted on snow removal equipment at sufficient height above 48 the snow removal apparatus to be visible to other drivers. 49 (a) Flashing or rotating warning lights are required on snow removal 50 equipment and shall be operated at all times when the snow removal equip- 51 ment is actively deployed or traveling less than the normal speed of traf- 52 fic. 53 (b) Flashing and rotating warning lights shall be amber in color and 3 1 mounted on the cab or the highest locations on the snow removal equipment 2 so as to be visible at all times to other drivers approaching the snow 3 removal equipment from the front, rear or either side. 4 (c) Flashing and rotating warning lights shall be visible under clear- 5 weather conditions from a distance of not less than one thousand (1,000) 6 feet during daylight hours and not less than two thousand five hundred 7 (2,500) feet during hours of darkness. 8 (2) Tail lamps, stop lamps and clearance lamps on snow removal equipment 9 shall meet all applicable requirements of the Idaho Code.
STATEMENT OF PURPOSE
RS08357
This proposed legislation will amend Sections 49-901 and 49-
929, Idaho Code, to codify the requirements for warning lights
on snow removal equipment operating on highways.
Idaho code under section 49-901 gives the director of DLE the
authority to set standards for lights on snow removal
equipment. Section 49-929 provides for the director of ITD to
set the same standards. Those standards were included within
ITD Administrative Rule IDAPA 39.03.25 which has been repealed
and incorporated within the Idaho Transportation Department's
"OVERLEGAL PERMIT CONDITIONS MANUAL". However, since some snow
plows meet all legal requirements for dimensions and weights,
either a revised rule needs to be adopted or a revision of code
is required. Codification of the requirements would make access
to those requirements much more convenient for the public than
they are currently. This proposed legislation would eliminate
the current ambiguity in Idaho Code regarding which authority
sets standards for lights on snow removal equipment and codify
the explicit requirements. The Director of the Department of
Law Enforcement would then have sole authority under section
49-901 to approve/disapprove lighting devices on any motor
vehicle, including snow removal equipment.
FISCAL IMPACT
There would be no fiscal impact on ITD if this proposal is
adopted.
CONTACT
Name: Clayton Sullivan
Agency: Idaho Transportation Department
Phone: 334-8405
Statement of Purpose/Fiscal Impact H 130