1999 Legislation
Print Friendly

HOUSE BILL NO. 261 – Boats, driver license/insurance

HOUSE BILL NO. 261

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0261.........................................by RESOURCES AND CONSERVATION
VESSELS - Amends and adds to existing law to prohibit certain persons from
operating motorized vessels without a valid driver's license and vessel
operator endorsement and to provide exceptions; to provide for fees and
examination of applicants for a vessel operator endorsement; to provide
that a license must be carried when operating a vessel; to provide
requirements for renting a motorized vessel to another person; to define
"motorized vessel"; to provide that it is unlawful to operate a vessel
without insurance; to require a certificate or proof of liability
insurance; to provide alternate methods of proof of financial
responsibility; to provide expressed, permitted and implied provisions of
insurance policies; to provide for notice of cancellation or termination of
insurance; to provide requirements for certificates of liability insurance;
and to prohibit false certificates.

02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Res/Con

Bill Text


H0261


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 261

                         BY RESOURCES AND CONSERVATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO BOATING; AMENDING SECTION 49-105, IDAHO CODE, TO  PROVIDE  DEFINI-
 3        TIONS  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-114, IDAHO
 4        CODE, TO PROVIDE DEFINITIONS AND TO MAKE TECHNICAL  CORRECTIONS;  AMENDING
 5        SECTION  49-123,  IDAHO CODE, TO PROVIDE DEFINITIONS AND TO MAKE TECHNICAL
 6        CORRECTIONS; AMENDING SECTION 49-301, IDAHO CODE, TO PROHIBIT CERTAIN PER-
 7        SONS FROM OPERATING MOTORIZED VESSELS WITHOUT A VALID DRIVER'S LICENSE AND
 8        VESSEL OPERATOR ENDORSEMENT; AMENDING SECTION 49-302, IDAHO CODE, TO  PRO-
 9        VIDE  EXCEPTIONS; AMENDING SECTION 49-306, IDAHO CODE, TO PROVIDE FEES AND
10        TO PROVIDE FOR DEPOSIT BY COUNTY TREASURERS AND THE STATE TREASURER AND TO
11        MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-313, IDAHO CODE,  TO  PRO-
12        VIDE  FOR  EXAMINATION  OF  APPLICANTS  FOR A VESSEL OPERATOR ENDORSEMENT;
13        AMENDING SECTION 49-316, IDAHO CODE, TO PROVIDE THAT  A  LICENSE  MUST  BE
14        CARRIED  WHEN  OPERATING A VESSEL; AMENDING SECTION 49-334, IDAHO CODE, TO
15        PROVIDE REQUIREMENTS FOR RENTING A MOTORIZED  VESSEL  TO  ANOTHER  PERSON;
16        AMENDING SECTION 67-7003, IDAHO CODE, TO DEFINE "MOTORIZED VESSEL"; AMEND-
17        ING  CHAPTER  70,  TITLE  67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
18        67-7039, IDAHO CODE, TO  REQUIRE  PERSONS  OPERATING  VESSELS  TO  HAVE  A
19        DRIVER'S  LICENSE  AND  VESSEL  OPERATOR ENDORSEMENT; AMENDING CHAPTER 70,
20        TITLE 67, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  67-7051,  IDAHO
21        CODE,  TO MAKE IT UNLAWFUL TO OPERATE A VESSEL WITHOUT INSURANCE; AMENDING
22        CHAPTER 70, TITLE 67, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
23        67-7052, IDAHO CODE, TO REQUIRE A CERTIFICATE OR PROOF OF LIABILITY INSUR-
24        ANCE;  AMENDING CHAPTER 70, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW
25        SECTION 67-7053, IDAHO CODE, TO PROVIDE  ALTERNATE  METHODS  OF  PROOF  OF
26        FINANCIAL  RESPONSIBILITY;  AMENDING  CHAPTER 70, TITLE 67, IDAHO CODE, BY
27        THE ADDITION OF A NEW SECTION 67-7054, IDAHO CODE, TO  PROVIDE  EXPRESSED,
28        PERMITTED  AND  IMPLIED PROVISIONS OF INSURANCE POLICIES; AMENDING CHAPTER
29        70, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-7055,  IDAHO
30        CODE,  TO  PROVIDE FOR NOTICE OF CANCELLATION OR TERMINATION OF INSURANCE;
31        AMENDING CHAPTER 70, TITLE 67, IDAHO CODE, BY THE ADDITION OF A  NEW  SEC-
32        TION 67-7056, IDAHO CODE, TO PROVIDE REQUIREMENTS FOR CERTIFICATES OF LIA-
33        BILITY  INSURANCE; AMENDING CHAPTER 70, TITLE 67, IDAHO CODE, BY THE ADDI-
34        TION OF A NEW SECTION 67-7057, IDAHO CODE, TO PROHIBIT FALSE CERTIFICATES;
35        AND TO PROVIDE AN EFFECTIVE DATE.

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

37        SECTION 1.  That Section 49-105, Idaho Code, be, and the  same  is  hereby
38    amended to read as follows:

39        49-105.  DEFINITIONS -- D.
40        (1)  "Dealer"  means  every  person  in the business of buying, selling or
41    exchanging five (5) or more new or used vehicles,  new  or  used  motorcycles,
42    snow  machines  or  motor  scooters,  travel trailers, all-terrain vehicles or
43    motor homes in any calendar year, either  outright  or  on  conditional  sale,


                                          2

 1    bailment,  lease,  chattel  mortgage,  or otherwise, or who has an established
 2    place of business for the sale, lease, trade, or display of these vehicles. No
 3    insurance company, bank, finance company, public utilities company,  or  other
 4    person  coming  into  possession of any vehicle, as an incident to its regular
 5    business, who shall sell that vehicle under  any  contractual  rights  it  may
 6    have, shall be considered a dealer. See also "salvage pool " ,
 7    "  section 49-120, Idaho Code.
 8        (2)  "Dealer's  selling  agreement." (See "Franchise " , "
 9     section 49-107, Idaho Code)
10        (3)  "Department"  means  the  Idaho  transportation   department   acting
11    directly  or  through its duly authorized officers and agents, except in chap-
12    ters 6 and 9, title 49, Idaho Code, where the term means the Idaho  department
13    of law enforcement, except as otherwise specifically provided.
14        (4)  "Designated  family member" means the spouse, child, grandchild, par-
15    ent, brother or sister of the owner of a vehicle dealership who, in the  event
16    of  the  owner's  death,  is entitled to inherit the ownership interest in the
17    dealership under the same terms of the owner's will, or who has been nominated
18    in any other written instrument, or who, in the case of an incapacitated owner
19    of a dealership, has been appointed by a court as the legal representative  of
20    the dealer's property.
21        (5)  "Director" means the director of the Idaho transportation department,
22    except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
23    director of the Idaho department of law enforcement.
24        (6)  "Disclose"  means to engage in any practice or conduct to make avail-
25    able and make known personal information contained in records of  the  depart-
26    ment  about a person to any other person, organization or entity, by any means
27    of communication.
28        (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
29    the department of commercial vehicle driving privileges.
30        (8)  "Distributor" means any person,  firm,  association,  corporation  or
31    trust,  resident  or  nonresident,  who has a franchise from a manufacturer of
32    vehicles to distribute vehicles in this state, and who in  whole  or  in  part
33    sells or distributes new vehicles to dealers or who maintains distributor rep-
34    resentatives.
35        (9)  "Distributor  branch" means a branch office similarly maintained by a
36    distributor for the same purposes a factory branch is maintained.
37        (10) "Distributor representative" means  any  person,  firm,  association,
38    corporation  or trust, and each officer and employee thereof engaged as a rep-
39    resentative of a distributor or distributor branch of vehicles for the purpose
40    of making or promoting the sale of vehicles, or for supervising or  contacting
41    dealers or prospective dealers.
42        (11) "District" means:
43        (a)  Business district.  The territory contiguous to and including a high-
44        way  when  within  any  six hundred (600) feet along the highway there are
45        buildings in use for business or industrial  purposes,  including  hotels,
46        banks  or  office  buildings, railroad stations and public buildings which
47        occupy at least three hundred (300) feet of frontage on one side or  three
48        hundred (300) feet collectively on both sides of the highway.
49        (b)  Residential  district.   The  territory contiguous to and including a
50        highway not comprising a business district when the property on the  high-
51        way  for  a  distance  of  three hundred (300) feet or more is in the main
52        improved with residences, or residences and buildings in use for business.
53        (c)  Urban district. The territory contiguous to and including any highway
54        which is built up with structures devoted to business, industry or  dwell-
55        ing  houses.  For purposes of establishing speed limits in accordance with


                                          3

 1        the provisions of section 49-654, Idaho Code, no state highway or any por-
 2        tion thereof lying within the boundaries of an urban district  is  subject
 3        to  the  limitations  which otherwise apply to nonstate highways within an
 4        urban district. Provided, this subsection shall not limit the authority of
 5        the duly elected officials of an  incorporated  city  acting  as  a  local
 6        authority  to  decrease speed limits on state highways passing through any
 7        district within the incorporated city.
 8        (12) "Documented vessel" means a vessel having a valid marine document  as
 9    a vessel of the United States.
10        (13) "Drag  race"  means  the operation of two (2) or more vehicles from a
11    point side by side at accelerating speeds in a competitive attempt to  outdis-
12    tance  each  other, or the operation of one (1) or more vehicles over a common
13    selected course, from the same point to the same point,  for  the  purpose  of
14    comparing  the relative speeds or power of acceleration of the vehicles within
15    a certain distance or time limit.
16        (14) "Driver" means every person who drives or is in actual physical  con-
17    trol of a vehicle.
18        (15) "Driver's license" means a license or permit issued by the department
19    or  by any other jurisdiction to an individual which authorizes the individual
20    to operate a motor vehicle or commercial motor  vehicle  on  the  highways  in
21    accordance  with the requirements of title 49, Idaho Code , or to operate
22    a vessel on the waters of the state of Idaho in accordance with  the  require-
23    ments of title 67, Idaho Code .
24        (16) "Driver's  license  --  classes of" are issued for the operation of a
25    vehicle based on the size of the vehicle or the type of load and mean:
26        (a)  Class A. This license shall be issued and valid for the operation  of
27        any  combination of motor vehicles with a manufacturer's gross combination
28        weight rating (GCWR) in excess of  twenty-six  thousand  (26,000)  pounds,
29        provided  the  manufacturer's  gross  vehicle  weight rating (GVWR) of the
30        vehicle(s) being towed is in excess of ten thousand (10,000) pounds.  Per-
31        sons holding a valid class A license may also operate vehicles requiring a
32        class B, C ,  or D license.
33        (b)  Class  B. This license shall be issued and valid for the operation of
34        any single vehicle with  a  manufacturer's  gross  vehicle  weight  rating
35        (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
36        cle  towing  a  vehicle  not  in  excess  of  ten thousand (10,000) pounds
37        manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
38        class B license may also operate vehicles requiring a class C license or a
39        class D license.
40        (c)  Class C. This license shall be issued and valid for the operation  of
41        any single vehicle or combination of vehicles that does not meet the defi-
42        nition  of class A or class B, as defined in this section, but that either
43        is designed to transport sixteen (16) or more people including the driver,
44        or is of any size which does not meet the definition of class A or class B
45        and is used in the transportation  of  materials  found  to  be  hazardous
46        according  to the hazardous material transportation act and which requires
47        the motor vehicle to be placarded under the  federal  hazardous  materials
48        regulations  49  CFR  part 172, subpart F. Persons holding a valid class C
49        license may also operate vehicles requiring a class D license.
50        (d)  Class D. This license shall be issued and valid for the operation  of
51        a  motor  vehicle  that  is not a commercial vehicle as defined in section
52        49-123, Idaho Code.
53        (e)  "Seasonal driver's license" means a special restricted class B  or  C
54        driver's  license  to  operate certain commercial vehicles in farm-related
55        industries under restrictions imposed by the department. As used  in  this


                                          4

 1        definition,  "farm-related  industry"  shall  mean custom harvesters, farm
 2        retail outlets  and  suppliers,  agri-chemical  businesses  and  livestock
 3        feeders.  Seasonal  driver's  licenses  are not valid for driving vehicles
 4        carrying any quantities of hazardous material requiring placarding, except
 5        for diesel fuel in quantities of one thousand  (1,000)  gallons  or  less,
 6        liquid  fertilizers,  i.e.,  plant nutrients, in vehicles or implements of
 7        husbandry with total capacities of three thousand (3,000) gallons or less,
 8        and solid fertilizers, i.e., solid plant nutrients,  that  are  not  mixed
 9        with any organic substance.
10        (17) "Driver  record"  means  any  record that pertains to an individual's
11    driver's license, driving permit, driving privileges, driving history, identi-
12    fication documents or other similar credentials issued by the department.
13        (18) "Driver's license endorsements" means special authorizations that are
14    required to be displayed on a driver's license  which  permit  the  driver  to
15    operate  certain  types  of commercial vehicles or commercial vehicles hauling
16    certain types of cargo, or to operate a motorcycle.
17        (a)  "Endorsement T -- Double/triple trailer" means  this  endorsement  is
18        required  on a class A, B or C license to permit the licensee to operate a
19        vehicle authorized to tow more than one (1) trailer.
20        (b)  "Endorsement H --  Hazardous  material"  means  this  endorsement  is
21        required on a class A, B or C license if the driver is operating a vehicle
22        used in the transportation of materials found to be hazardous according to
23        the  hazardous  material  transportation  act and which requires the motor
24        vehicle to be placarded under the federal hazardous materials  regulations
25        49 CFR part 172, subpart F.
26        (c)  "Endorsement  P -- Passenger" means this endorsement is required on a
27        class A, B or C license to  permit  the  licensee  to  operate  a  vehicle
28        designed to transport sixteen (16) or more people including the driver.
29        (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
30        a  class  A,  B  or  C license to permit the licensee to operate a vehicle
31        which is designed to transport any liquid or gaseous  materials  within  a
32        tank  that  is  either permanently or temporarily attached to the vehicle.
33        Such vehicles include, but are not limited to, cargo  tanks  and  portable
34        tanks,  as defined in federal regulations 49 CFR part 171. This definition
35        does not include portable tanks having a rated capacity under one thousand
36        (1,000) gallons.
37        (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
38        driver's license to permit the driver to operate a motorcycle.
39         (f)  "Endorsement V -- Vessel" means this endorsement is required on
40        a driver's license to permit the driver to operate a motorized  vessel  of
41        more than ten (10) horsepower on the waters of the state of Idaho. 
42        (19) "Driveway"  means a private road giving access from a public way to a
43    building on abutting grounds.
44        (20) "Dromedary tractor" means every motor vehicle designed and used  pri-
45    marily  for  drawing  a  semitrailer and so constructed as to carry manifested
46    cargo in addition to a part of the weight of the semitrailer.

47        SECTION 2.  That Section 49-114, Idaho Code, be, and the  same  is  hereby
48    amended to read as follows:

49        49-114.  DEFINITIONS -- M.
50        (1)  "Major component part" means a rear clip, cowl, frame or inner struc-
51    ture  forward  of  the cowl, body, cab, front end assembly, front clip or such
52    other part which is critical to the safety of the vehicle.
53        (2)  "Manifest" means a form used for identifying the  quantity,  composi-


                                          5

 1    tion,  origin,  routing, waste or material identification code and destination
 2    of hazardous material or hazardous waste  during  any  transportation  within,
 3    through, or to any destination in this state.
 4        (3)  "Manufactured home." (See section 39-4105, Idaho Code)
 5        (4)  "Manufacturer"  means  every  person  engaged in the business of con-
 6    structing or assembling vehicles of a type required to  be  registered  at  an
 7    established  place  of  business in this state. The term, for purposes of sec-
 8    tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
 9    include a distributor and other factory representatives.
10        (5)  "Manufacturer's year designation" means the model year designated  by
11    the  vehicle  manufacturer, and not the year in which the vehicle is, in fact,
12    manufactured.
13        (6)  "Maximum gross weight" means the scale weight of a vehicle,  equipped
14    for  operation,  to  which  shall  be  added the maximum load to be carried as
15    declared by the owner in making application for registration. When  a  vehicle
16    against  which a registration or use fee is assessed is a combination of vehi-
17    cles, the term "maximum gross weight" means the combined maximum gross weights
18    of all vehicles in the combination.
19        (7)  "Metal tire." (See "Tires," section 49-121, Idaho Code)
20        (8)  "Moped" means a limited-speed motor-driven cycle which is not capable
21    of propelling the vehicle at a speed in excess of thirty (30) miles  per  hour
22    on  level  ground, whether two (2) or three (3) wheels are in contact with the
23    ground during operation. If an internal combustion engine is  used,  the  dis-
24    placement  shall  not  exceed fifty (50) cubic centimeters and the moped shall
25    have a power drive system that functions  directly  or  automatically  without
26    clutching or shifting by the operator after the drive system is engaged.
27        (9)  "Motorcycle"  means  every  motor vehicle having a seat or saddle for
28    the use of the rider and designed to travel on not more than three (3)  wheels
29    in contact with the ground, but excluding a tractor and moped.
30        (10) "Motor  home"  means  a  vehicular unit designed to provide temporary
31    living quarters, built into an integral part  or  permanently  attached  to  a
32    self-propelled  motor  vehicle  chassis.  The vehicle must contain permanently
33    installed independent life support systems which meet  the  American  National
34    Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
35    vide  at least four (4) of the following facilities: cooking, refrigeration or
36    ice box, self-contained toilet, heating and/or  air  conditioning,  a  potable
37    water  supply system, including a faucet and sink, separate 110-125 volt elec-
38    trical  power supply and/or LP-gas supply.
39        (11)  "Motorized vessel" means any  vessel  propelled  by  machinery,
40    whether or not such machinery is the principal source of propulsion.
41        (12)   "Motorized wheelchair" means a motor vehicle with a speed not
42    in  excess of eight (8) miles per hour, designed for and used by a handicapped
43    person.
44        (1  2    3  ) "Motor  number."   (See   "Identifying
45    number " , "  section 49-110, Idaho Code)
46        (1  3    4  ) "Motor  vehicle." (See "Vehicle "
47    , "  section 49-123, Idaho Code)
48        (1 4  5 ) "Motor vehicle liability policy" means  an
49    owner's  or operator's policy of liability insurance, certified as provided in
50    section 49-1210 or 49-1211, Idaho Code, as proof of financial  responsibility,
51    and issued, except as otherwise provided in section 49-1211, Idaho Code, by an
52    insurance  carrier  duly  authorized to transact business in this state, to or
53    for the benefit of the person named therein as insured.
54        (1 5  6 ) "Motor vehicle record"  means  any  record
55    that  pertains to a motor vehicle registration, motor vehicle title or identi-


                                          6

 1    fication documents or other similar credentials issued by  the  department  or
 2    other state or local agency.

 3        SECTION  3.  That  Section  49-123, Idaho Code, be, and the same is hereby
 4    amended to read as follows:

 5        49-123.  DEFINITIONS -- V.
 6        (1)  "Variable load suspension axle" means an axle or  axles  designed  to
 7    support  a part of the vehicle and load and which can be regulated to vary the
 8    amount of load supported by such an axle or axles and which can be deployed or
 9    lifted by the operator of the vehicle. See also section 49-117, Idaho Code.
10        (a)  "Fully raised" means that the variable load suspension axle is in  an
11        elevated  position  preventing the tires on such axle from having any con-
12        tact with the roadway.
13        (b)  "Fully deployed" means that the variable load suspension axle is sup-
14        porting a portion of the weight of the loaded vehicle as controlled by the
15        preset pressure regulator valve.
16        (2)  "Vehicle" means:
17        (a)  General. Every device in, upon, or by which any person or property is
18        or may be transported or drawn upon  a  highway,  excepting  devices  used
19        exclusively upon stationary rails or tracks.
20        (b)  Authorized  emergency  vehicle. Vehicles operated by any fire depart-
21        ment or law enforcement agency of the state of Idaho or any political sub-
22        division of the state, ambulances, vehicles belonging to personnel of vol-
23        untary fire departments while in  performance  of  official  duties  only,
24        vehicles belonging to, or operated by EMS personnel certified or otherwise
25        recognized by the EMS bureau of the Idaho department of health and welfare
26        while  in  the performance of emergency medical services, sheriff's search
27        and rescue vehicles which are  under  the  immediate  supervision  of  the
28        county sheriff, wreckers which are engaged in motor vehicle recovery oper-
29        ations  and are blocking part or all of one  (1)  or more lanes
30        of traffic, other emergency vehicles designated by  the  director  of  the
31        department  of  law enforcement or vehicles authorized by the Idaho trans-
32        portation board and used in the enforcement of laws specified  in  section
33        40-510, Idaho Code, pertaining to vehicles of ten thousand (10,000) pounds
34        or greater.
35        (c)  Commercial  vehicle  or commercial motor vehicle. For the purposes of
36        chapter 3 of this title, (driver 's  licenses), a motor vehicle
37        or combination of motor vehicles designed or used to transport  passengers
38        or property if the motor vehicle:
39             1.  Has  a  manufacturer's  gross combination weight rating (GCWR) in
40             excess of twenty-six thousand (26,000) pounds inclusive  of  a  towed
41             unit with a manufacturer's gross vehicle weight rating (GVWR) of more
42             than ten thousand (10,000) pounds; or
43             2.  Has a manufacturer's gross vehicle weight rating (GVWR) in excess
44             of twenty-six thousand (26,000) pounds; or
45             3.  Is  designed  to transport sixteen (16) or more people, including
46             the driver; or
47             4.  Is of any size and is used in  the  transportation  of  materials
48             found  to  be  hazardous  for  the purposes of the hazardous material
49             transportation  act  and  which  require  the  motor  vehicle  to  be
50             placarded under the hazardous materials regulations (49 CFR part 172,
51             subpart F).
52        For the purposes of chapter 4 of this title (motor vehicle  registration),
53        a  vehicle or combination of vehicles of a type used or maintained for the


                                          7

 1        transportation of persons for hire, compensation or profit, or the  trans-
 2        portation of property for the owner of the vehicle, or for hire, compensa-
 3        tion,  or profit, and shall include fixed load specially constructed vehi-
 4        cles exceeding the limits imposed by chapter 10, title 49,    Idaho  Code,
 5        and  including  drilling  rigs, construction, drilling and wrecker cranes,
 6        log jammers, log loaders, and similar vehicles which are normally operated
 7        in an overweight or oversize condition or  both,  but  shall  not  include
 8        those  vehicles  registered pursuant to sections 49-402 and 49-402A, Idaho
 9        Code, or exempted by section 49-426, Idaho Code. A motor vehicle used in a
10        ridesharing arrangement that has a seating capacity for not more than fif-
11        teen (15) persons, including the driver, shall not be a "commercial  vehi-
12        cle"  under  the  provisions  of this title relating to equipment require-
13        ments, rules of the road, or registration.
14        (d)  Farm vehicle. A vehicle or combination of vehicles owned by a  farmer
15        or  rancher, which are operated over public highways, and used exclusively
16        to transport unprocessed agricultural, dairy or livestock products raised,
17        owned and grown by the owner of the vehicle to market or place of storage;
18        and shall include the transportation by  the  farmer  or  rancher  of  any
19        equipment,  supplies  or  products purchased by that farmer or rancher for
20        his own use, and used in the farming or ranching operation or  used  by  a
21        farmer  partly in transporting agricultural products or livestock from the
22        farm of another farmer that were originally grown or raised on  the  farm,
23        or  when  used  partly  in  transporting agricultural supplies, equipment,
24        materials or livestock to the farm of another farmer for use  or  consump-
25        tion on the farm but not transported for hire, and shall not include vehi-
26        cles  of  husbandry or vehicles registered pursuant to sections 49-402 and
27        49-402A, Idaho Code.
28        (e)  Foreign vehicle.  Every vehicle of a type required to  be  registered
29        under  the  provisions  of this title brought into this state from another
30        state, territory or country other than in the ordinary course of  business
31        by or through a manufacturer or dealer and not registered in this state.
32        (f)  Glider  kit  vehicle. Every large truck manufactured from a kit manu-
33        factured by a manufacturer of large trucks which consists of a frame,  cab
34        complete  with  wiring,  instruments, fenders and hood and front axles and
35        wheels. The "glider kit" is made into a complete assembly by the  addition
36        of the engine, transmission, rear axles, wheels and tires.
37        (g)  Motor  vehicle. Every vehicle which is self-propelled and every vehi-
38        cle which is propelled by electric power obtained  from  overhead  trolley
39        wires  but  not operated upon rails, except vehicles moved solely by human
40        power and motorized wheelchairs.
41        (h)  Multipurpose passenger vehicle (MPV). For  the  purposes  of  section
42        49-966,  Idaho  Code,  a motor vehicle designed to carry ten (10) or fewer
43        persons which is constructed either on a truck  chassis  or  with  special
44        features for occasional off-road operation.
45        (i)  Noncommercial  vehicle.  For the purposes of chapter 4 of this title,
46        (motor vehicle registration), a noncommercial vehicle  shall  not  include
47        those  vehicles  required  to  be  registered  under  sections  49-402 and
48        49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
49        cles which are not commercial vehicles or farm vehicles, but shall include
50        motor homes. A noncommercial vehicle shall include those vehicles having a
51        combined gross weight not in excess of sixty thousand (60,000) pounds  and
52        not  held  out  for hire, used for purposes related to private use and not
53        used in the furtherance of a business or occupation  for  compensation  or
54        profit or for transporting goods for other than the owner.
55        (j)  Passenger  car.  For  the  purposes  of section 49-966, Idaho Code, a


                                          8

 1        motor vehicle, except a  multipurpose  passenger  vehicle,  motorcycle  or
 2        trailer, designed to carry ten (10) or fewer persons.
 3        (k)  Reconstructed  or  repaired  vehicle.   Every  vehicle  that has been
 4        rebuilt or repaired using like make and model parts and  visually  appears
 5        as  a vehicle that was originally constructed under a distinctive manufac-
 6        turer. This includes a salvage vehicle which is damaged to the extent that
 7        a "reconstructed vehicle" or "repaired vehicle"  brand  is  required,  and
 8        other  vehicles which have been reconstructed by the use of a kit designed
 9        to be used to construct an exact replica of a vehicle which was previously
10        constructed under a distinctive name, make, model or type by  a  generally
11        recognized  manufacturer of vehicles. A glider kit vehicle is not a recon-
12        structed vehicle.
13        (l)  Salvage vehicle. Any vehicle for which a salvage certificate, salvage
14        bill of sale or other documentation showing evidence that the vehicle  has
15        been  declared  salvage  or  which has been damaged to the extent that the
16        owner, or an insurer, or other person  acting  on  behalf  of  the  owner,
17        determines  that the cost of parts and labor minus the salvage value makes
18        it uneconomical to repair or rebuild. When an insurance company  has  paid
19        money  or  has  made other monetary settlement as compensation for a total
20        loss of any motor vehicle, such motor vehicle shall be considered to be  a
21        salvage vehicle.
22        (m)  Specially constructed vehicle. Every vehicle of a type required to be
23        registered  not  originally  constructed  under  a distinctive name, make,
24        model or type by a generally recognized manufacturer of vehicles  and  not
25        materially  altered  from its original construction and cannot be visually
26        identified as a  vehicle  produced  by  a  particular  manufacturer.  This
27        includes:
28             1.  A vehicle that has been structurally modified so that it does not
29             have  the same appearance as a similar vehicle from the same manufac-
30             turer; or
31             2.  A vehicle that has been constructed entirely from homemade  parts
32             and materials not obtained from other vehicles; or
33             3.  A  vehicle  that  has  been  constructed by using major component
34             parts from one  (1)  or  more  manufactured  vehicles  and
35             cannot be identified as a specific make or model; or
36             4.  A  vehicle  constructed by the use of a custom kit that cannot be
37             visually identified as a specific make or model.
38        (n)  Total loss vehicle. Every vehicle that is deemed to  be  uneconomical
39        to repair due to scrapping, dismantling or destruction. A total loss shall
40        occur  when  an  insurance company or any other person pays or makes other
41        monetary settlement to the owner when it is deemed to be  uneconomical  to
42        repair  the  damaged  vehicle.  The compensation for total loss as defined
43        herein shall not include payments by an insurer or other person for  medi-
44        cal  care,  bodily  injury,  vehicle rental or for anything other than the
45        amount paid for the actual damage to the vehicle.
46        (3)  "Vehicle identification  number."  (See  "Identifying  number  "
47    , "  section 49-110, Idaho Code)
48        (4)  "Vehicle  salesman" means any person who, for a salary, commission or
49    compensation of any kind, is employed either directly or indirectly, or  regu-
50    larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
51    tiate  for  the  sale,  purchase or exchange of vehicles. (See also "full-time
52    salesman  "  ,  "    section  49-107,  Idaho  Code,  and
53    "part-time salesman " , "  section 49-117, Idaho Code)
54        (5)   "Vessel." (See section 67-7003, Idaho Code)
55        (6)   "Veteran." (See section 65-509, Idaho Code)


                                          9

 1        ( 6  7 )  "Violation" means a conviction of a misde-
 2    meanor charge involving a moving traffic violation, or an admission  or  judi-
 3    cial determination of the commission of an infraction involving a moving traf-
 4    fic infraction, except bicycle infractions.

 5        SECTION  4.  That  Section  49-301, Idaho Code, be, and the same is hereby
 6    amended to read as follows:

 7        49-301.  DRIVERS TO BE LICENSED. (1) No  person,  except  those  expressly
 8    exempted by the provisions of this chapter, shall drive any motor vehicle upon
 9    a  highway  unless  the  person  has a valid Idaho driver's license. No person
10    shall operate a motorcycle upon a highway unless he has a motorcycle  endorse-
11    ment on his valid driver's license. No person shall operate a commercial motor
12    vehicle as defined in section 49-123, Idaho Code, upon a highway unless he has
13    a  seasonal  or  class  A, B or C driver's license with required endorsements.
14     It shall be unlawful for any person born on or after January 1, 1984, to
15    operate a motorized vessel, as defined in section 67-7003, Idaho Code, of more
16    than ten (10) horsepower on the waters of  this  state  without  possessing  a
17    valid  driver's license and the vessel operator endorsement prescribed in this
18    title.  No person shall operate a motor  vehicle  in  violation  of  any
19    valid restriction identified on or attached to, his valid driver's license. No
20    person  shall receive a driver's license unless and until he surrenders to the
21    department all driver's licenses in his possession issued to him by  Idaho  or
22    any  other jurisdiction for use within the United States, or until he executes
23    an affidavit that he does not possess a driver's license. No person  shall  be
24    permitted to have more than one (1) driver's license issued for use within the
25    United States at any time.
26        (2)  Any holder of a class A, B or C commercial driver's license issued by
27    a  jurisdiction  other  than  Idaho shall apply for an Idaho-issued commercial
28    driver's license within thirty (30) days of establishing a domicile in Idaho.

29        SECTION 5.  That Section 49-302, Idaho Code, be, and the  same  is  hereby
30    amended to read as follows:

31        49-302.  WHAT  PERSONS  ARE EXEMPT FROM LICENSE. The following persons are
32    exempt from licensing if driving  privileges  are  not  suspended,  cancelled,
33    revoked, disqualified, denied or refused:
34        (1)  Any  person  while driving or operating any farm tractor or implement
35    of husbandry when incidentally operated on a highway.
36        (2)  Farmers are exempt from obtaining a class A, B or C driver's  license
37    to operate a commercial motor vehicle which is:
38        (a)  Controlled and operated by a farmer, including operation by employees
39        or family members; and
40        (b)  Used  to transport either agricultural products, farm machinery, farm
41        supplies, or both, to or from a farm; and
42        (c)  Not used in the operations of a common or contract motor carrier; and
43        (d)  Used within one hundred fifty (150) miles of the person's farm.
44        (3)  Any person is exempt from obtaining  a  class  A,  B  or  C  driver's
45    license  for the operation of commercial motor vehicles which are necessary to
46    the preservation of life or property or the execution of emergency  governmen-
47    tal functions, are equipped  with audible and visual signals, and are not sub-
48    ject to normal traffic regulations.
49        (4)  Any  person  is  exempt  from  obtaining a class A, B or C license to
50    operate a commercial vehicle which is exclusively used to  transport  personal
51    possessions or family members for nonbusiness or recreational purposes.


                                          10

 1        (5)  A  nonresident  who is at least fifteen (15) years of age and who has
 2    in his immediate possession a valid driver's license issued to him in his home
 3    state or country may operate a motor vehicle in Idaho only as a class D opera-
 4    tor with driving privileges restricted to daylight hours only, and  with  full
 5    privileges  at  sixteen  (16) years of age, and only if Idaho residency is not
 6    established.
 7        (6)  A nonresident who is at least fifteen (15) years of age and  who  has
 8    in  his  possession  a valid driver's license with a motorcycle endorsement or
 9    who has a valid motorcycle driver's license issued to him in his home state or
10    country may operate a motorcycle in Idaho with driving  privileges  restricted
11    to daylight hours only, and with full privileges at sixteen (16) years of age.
12        (7)  A  nonresident who has in his immediate possession a valid commercial
13    driver's license issued to him in his home state  or  country  may  operate  a
14    motor vehicle in Idaho.
15        (8)  A nonresident on active duty in the armed forces of the United States
16    who  has  a  valid  driver's license issued by his home jurisdiction, and such
17    nonresident's spouse or dependent son or daughter who  has  a  valid  driver's
18    license issued by such person's home jurisdiction.
19        (9)  Any active duty military personnel, active duty U.S. coast guard per-
20    sonnel,  and members of the reserves and national guard on active duty includ-
21    ing personnel on full-time national guard duty, personnel on part-time  train-
22    ing  and  national guard military technicians who as civilians are required to
23    wear military uniforms and are subject to the code of  military  justice,  are
24    exempt  from obtaining a commercial driver's license to operate military vehi-
25    cles. This exemption does not apply to U.S. reserve technicians.
26         (10) Any person younger than sixteen (16) years of age may operate a
27    vessel of more than ten (10) horsepower on the waters of this state without  a
28    driver's  license  and  vessel  operation endorsement if another person who is
29    eighteen (18) years of age or older is on board the vessel.
30        (11) A nonresident who was born on or after January 1, 1984, and  who  has
31    in his possession a valid driver's license with a vessel operation endorsement
32    issued to him in his home state or country or who has in his immediate posses-
33    sion  a  valid  vessel  operator  course  completion certificate from a course
34    approved by the national association of state boating law  administrators  may
35    operate a motorized vessel of more than ten (10) horsepower without a driver's
36    license and vessel operation endorsement on the waters of this state. 

37        SECTION  6.  That  Section  49-306, Idaho Code, be, and the same is hereby
38    amended to read as follows:

39        49-306.  APPLICATION FOR DRIVER'S LICENSE OR INSTRUCTION PERMIT. (1) Every
40    application for an instruction permit or for a driver's license shall be  made
41    upon a form furnished by the department and shall be verified by the applicant
42    before  a person authorized to administer oaths. Officers and employees of the
43    department and sheriffs and their deputies are authorized  to  administer  the
44    oaths  without  charge.  Every application for a permit, extension or driver's
45    license shall be accompanied by the following fee, none of  which  is  refund-
46    able:
47        (a)  Class A, B, C license with endorsements ...................... $24.50
48        (b)  Class D license .............................................. $20.50
49        (c)  Class A, B, C instruction permit ............................. $15.50
50        (d)  Class D instruction permit ................................... $11.50
51        (e)  Duplicate  driver's  license  or  permit issued under section 49-318,
52        Idaho Code ........................................................ $11.50
53        (f)  Driver's license extension issued under section 49-319,  Idaho  Code


                                          11

 1        ................................................................... $ 6.50
 2        (g)  License classification change (upgrade) ...................... $15.50
 3        (h)  Endorsement addition ......................................... $11.50
 4        (i)  Class A, B, C skills tests ..................... not more than $55.00
 5        (j)  Class D skills test .......................................... $15.00
 6        (k)  Motorcycle endorsement skills test ............................$ 5.00
 7        (l)  Knowledge test ............................................... $ 3.00
 8        (m)  Seasonal driver's license..................................... $23.50
 9        (n)  One time motorcycle "M" endorsement .......................... $11.50
10        (o)  Motorcycle endorsement instruction permit .................... $11.50
11        (p)  Restricted driving permit .................................... $35.00
12         (q)  Vessel operator endorsement ............................ $11.50
13        (r)  Vessel operator endorsement knowledge test ............ $ 3.00 
14        (2)  Every application shall state the full name, date of birth, place  of
15    birth,  sex, Idaho residence address and mailing address, if different, of the
16    applicant, height, weight, hair color, and  eye  color,  and  the  applicant's
17    social  security number as verified by the applicant's social security card or
18    by the social security administration. A driver's license or instruction  per-
19    mit  issued  on  and  after  January 1, 1993, shall not contain an applicant's
20    social security number. Applications on file shall be exempt  from  disclosure
21    except as provided in sections 49-202, 49-203, 49-203A and 49-204, Idaho Code.
22    Every  application  shall also state whether the applicant has previously been
23    licensed as a driver, and if so, when  and  by  what  state  or  country,  and
24    whether  a  driver's  license or privileges have ever been suspended, revoked,
25    denied, disqualified, cancelled  or  whether  an  application  has  ever  been
26    refused,  and  if  so,  the date of and reason for the suspension, revocation,
27    denial, disqualification, cancellation or refusal  and  the  applicant's  oath
28    that all information is correct as signified by the applicant's signature. The
29    applicant may be required to submit proof of identity and date of birth as set
30    forth in a certified copy of his birth certificate and other satisfactory evi-
31    dence to satisfy the issuing officer or the department.
32        (3)  Whenever an application is received from a person previously licensed
33    in  another  jurisdiction, the department shall request a copy of the driver's
34    record from the other jurisdiction and shall contact the national driver  reg-
35    ister. When received, the driver's record from the previous jurisdiction shall
36    become  a  part  of  the driver's record in this state with the same force and
37    effect as though entered on the driver's record in this state in the  original
38    instance.
39        (4)  Whenever the department receives a request for a driver's record from
40    another licensing jurisdiction, the record shall be forwarded without charge.
41        (5)  The department shall contact and notify the commercial driver license
42    information  system of the proposed application for a class A, B or C driver's
43    license to insure identification of the person  and  to  obtain  clearance  to
44    issue the license.
45        (6)  When  the  fees required under this section are collected by a county
46    officer, they shall be paid over to the county treasurer not less  often  than
47    monthly, who shall immediately:
48        (a)  Deposit  an  amount  equal to five dollars ($5.00) from each driver's
49        license  or instruction permit application fees, application for a  dupli-
50        cate  driver's license or permit, classification change, seasonal driver's
51        license and additional endorsement in the current expense fund; and
52        (b)  Deposit two dollars and fifty  cents  ($2.50)  from  each  motorcycle
53        endorsement  and motorcycle endorsement instruction permit fee in the cur-
54        rent expense fund; and
55        (c)  Deposit an amount equal to three dollars ($3.00) from each fee for  a


                                          12

 1        knowledge  test  or vessel operator endorsement knowledge examination
 2         in the current expense fund; and
 3        (d)  Deposit an amount equal to five dollars ($5.00) from each fee  for  a
 4        motorcycle  endorsement  skills test in the current expense fund; provided
 5        however, if a contractor administers the skills test he shall be  entitled
 6        to the five dollar ($5.00) fee;
 7        (e)    Deposit  six  dollars and fifty cents ($6.50) from each vessel
 8        operator endorsement in the  county  vessel  account  created  in  section
 9        67-7013, Idaho Code;
10        (f)   Remit the remainder to the state treasurer; and
11        (  f    g  )  Deposit eleven dollars and fifty cents
12        ($11.50) from each fee for a class D skills test into the  county  current
13        expense  fund,  unless  the  test is administered by a department-approved
14        contractor, in which case the contractor shall be entitled to eleven  dol-
15        lars and fifty cents ($11.50) of each fee.
16        (7)  When  the  fees  required under this section are collected by a state
17    officer or agency, they shall be paid over to the state treasurer.
18        (8)  The state treasurer shall distribute the moneys  received  from  fees
19    imposed by the provisions of this section, whether collected by a county offi-
20    cer or by a state officer or agency as follows:
21        (a)  Two  dollars  ($2.00)  of each fee for a driver's license or seasonal
22        driver's license shall be deposited  in  the  emergency  medical  services
23        account II created in section 39-146A, Idaho Code; and
24        (b)  Sixteen  dollars  and fifty cents ($16.50) of each fee for a seasonal
25        or class A, B ,  or C driver's license shall  be  deposited  in
26        the state highway account; and
27        (c)  Ten  dollars  and  fifty  cents  ($10.50)  of each fee for a class A,
28        B ,  or C instruction permit or driver's license classification
29        change shall be deposited in the state highway account; and
30        (d)  Six dollars and fifty cents ($6.50) of each fee for a duplicate  sea-
31        sonal or class A, B ,  or C driver's license, class A, B ,
32         or C driver's license extension, or additional endorsement shall be
33        deposited in the state highway account; and
34        (e)  Four  dollars  ($4.00)  of  each fee for a motorcycle endorsement and
35        motorcycle endorsement instruction permit shall be deposited in the  state
36        highway account; and
37        (f)  Five  dollars  and  thirty  cents  ($5.30)  of each fee for a class D
38        driver's license shall be deposited in the driver training account; and
39        (g)  Seven dollars and twenty cents ($7.20) of each  fee  for  a  class  D
40        driver's  license  shall be deposited in the highway distribution account;
41        and
42        (h)  Two dollars and sixty cents  ($2.60)  of  each  fee  for  a  class  D
43        instruction  permit,  duplicate  class  D  license  or permit, and class D
44        license extension shall be deposited in the driver training account; and
45        (i)  Three dollars and ninety cents ($3.90) of each  fee  for  a  class  D
46        instruction  permit,  duplicate  class  D  license  or permit, and class D
47        license extension shall be deposited in the highway distribution  account;
48        and
49        (j)  Five  dollars ($5.00) of each fee for a class A, B ,  or C
50        skills test shall be deposited in the state highway account; and
51        (k)  One dollar ($1.00) of each fee for a class A,  B,  C  or  D  driver's
52        license  shall  be  deposited in the motorcycle safety program fund estab-
53        lished in section 33-4904, Idaho Code .  ; and 
54        (l)  Three dollars and fifty cents ($3.50) of  each  fee  for  a  class  D
55        skills test shall be deposited into the state highway account ; and


                                          13

 1        (m)  Six  dollars and fifty cents ($6.50) of each vessel operator endorse-
 2        ment shall be deposited in the state vessel  account  created  in  section
 3        67-7013, Idaho Code .
 4        (9)  The  contractor  administering a class A, B ,  or C skills
 5    test shall be entitled to not more than fifty dollars ($50.00) of  the  skills
 6    test  fee.  A  contractor administering a class A, B ,  or C skills
 7    test may collect an additional fee for the use of the contractor's vehicle for
 8    the skills test.
 9        (10) Thirty-five dollars ($35.00) of each restricted driving permit  shall
10    be deposited in the state highway account.
11        (11) The  department  may  issue  seasonal  class B or C driver's licenses
12    that:
13        (a)  Will only be valid for  driving  commercial  vehicles  that  normally
14        require class B or C commercial driver's licenses;
15        (b)  Will be valid for seasonal periods that begin on the date of issuance
16        and  that are not to exceed one hundred eighty (180) days in a twelve (12)
17        month period;
18        (c)  May only be obtained twice in a driver's lifetime;
19        (d)  Are valid only within a one hundred fifty (150) mile  radius  of  the
20        place of business or farm being serviced; and
21        (e)  Will  be  valid only in conjunction with valid Idaho class D driver's
22        licenses.
23        (12) The department may issue seasonal class B or C driver's  licenses  to
24    drivers who:
25        (a)  Have not violated the single license provisions of 49 CFR part 383;
26        (b)  Have not had any license suspensions, revocations or cancellations;
27        (c)  Have not had any convictions in any vehicle for any offense listed in
28        section 49-335(1) or 49-335(2), Idaho Code, or any one (1) serious traffic
29        offense;
30        (d)  Have  at  least  one (1) year of driving experience with a class D or
31        equivalent license in any type motor vehicle; and
32        (e)  Are at least sixteen (16) years old.

33        SECTION 7.  That Section 49-313, Idaho Code, be, and the  same  is  hereby
34    amended to read as follows:

35        49-313.  EXAMINATION  OF APPLICANTS. (1) The sheriff, his deputy or autho-
36    rized agents of the department shall examine every applicant for  an  instruc-
37    tion  permit, seasonal driver's license, or a driver's license or a motorcycle
38    endorsement, except as  otherwise  provided  by  law.  The  examination  shall
39    include a test of the applicant's eyesight, his ability to read and understand
40    highway  signs regulating, warning, and directing traffic. A skills test shall
41    be required for an applicant who has not  been  previously  licensed  for  the
42    class  of  license requested, or who holds a license issued by another country
43    unless a reciprocal agreement is in force.  However,  a  skills  test  may  be
44    required for any and all other applicants at the discretion of the examiner or
45    department  for a class A, B, C or D driver's license or a motorcycle endorse-
46    ment. In addition, the applicant's knowledge of traffic laws of this state and
47    when a motorcycle endorsement is  applied for, the  applicant's  knowledge  of
48    safe  motorcycle operating practices and traffic laws specifically relating to
49    motorcycle operation shall be tested by a written examination, except as  pro-
50    vided  in  section  49-319, Idaho Code. At the discretion of the examiner, the
51    prescribed written examination may be conducted orally.
52        (2)  The knowledge and skill  examinations  for  applicants  for  driver's
53    licenses  in class A, B or C shall be conducted in compliance with 49 CFR part


                                          14

 1    383.
 2        (3)  The skill test for a class A, B, C or D driver's license or  for  any
 3    endorsement  shall  be  given  by the department or its authorized agents. The
 4    skills examiner for a motorcycle endorsement shall be certified by the depart-
 5    ment of education.
 6        (4)  Any person who has successfully completed an approved driver training
 7    course and who applies for a driver's license more than three (3) months after
 8    completion of the driver training course shall be required to retake the skill
 9    test in addition to any other tests required upon application for  a  driver's
10    license.
11        (5)  The department shall not issue a tank, double/triple trailer, or haz-
12    ardous  material  endorsement  unless  the applicant, in addition to all other
13    applicable qualifications, has  passed  an  appropriate  knowledge  test.  The
14    department  shall  not  issue a passenger endorsement unless the applicant, in
15    addition to all other applicable qualifications,  has  passed  an  appropriate
16    knowledge and skills test.
17        (6)  Any  person  failing to pass a knowledge or skill test for a class A,
18    B, C or D driver's license, or  a  knowledge  test  for  a  seasonal  driver's
19    license,  or any endorsement may not retake the test within three (3) business
20    days of the failure.
21        (7)  Any person retaking a knowledge or skill test for a driver's  license
22    shall  pay  the  appropriate testing fee as specified in section 49-306, Idaho
23    Code.
24        (8)  The motorcycle skills test for  a  motorcycle  endorsement  shall  be
25    waived by the department:
26        (a)  On  and  after September 1, 1998, if the applicant presents satisfac-
27        tory evidence of successful completion of a  recognized  motorcycle  rider
28        training course approved by the department of education;
29        (b)  On and after September 1, 1998, if the applicant presents evidence of
30        a  motorcycle  endorsement  on  his current license by a state or province
31        which requires a motorcycle skills test equivalent  to  that  required  by
32        Idaho law as determined by the department of education;
33        (c)  Until September 1, 1998.
34        (9)  At the discretion of the department, an alternate skills test for the
35    motorcycle  endorsement may be administered when the endorsement is for opera-
36    tion of a three-wheeled motorcycle only.
37        (10) The department or its authorized agents may refuse to give an  appli-
38    cant  a skills test if there are reasonable grounds to believe that the safety
39    of the applicant, public, or the examiner would be jeopardized  by  doing  so.
40    Reasonable  grounds  would  include,  but  not  be limited to, the applicant's
41    inability to pass the eye test, written tests, or a statement  by  a  licensed
42    physician  stating the applicant is not physically able to drive a motor vehi-
43    cle.
44        (11) The department or its authorized agents may deny issuance or  renewal
45    of  a  driver's  license or endorsement to any applicant who does not meet the
46    licensing requirements for the class of driver's license or endorsement  being
47    renewed or issued.
48        (12) Skill examinations for seasonal driver's licenses shall be waived.
49          (13) A written knowledge examination developed by the state boating
50    law administrator, as  defined  in  section  67-7003,  Idaho  Code,  shall  be
51    required  for  an  applicant of a vessel operator endorsement.  Each applicant
52    for a vessel operator endorsement must provide written proof  of  satisfactory
53    completion of a course in safe boating approved by the national association of
54    state boating law administrators. 


                                          15

 1        SECTION  8.  That  Section  49-316, Idaho Code, be, and the same is hereby
 2    amended to read as follows:

 3        49-316.  DRIVER'S LICENSE TO BE CARRIED AND  EXHIBITED  ON  DEMAND.  Every
 4    licensee  shall  have  his driver's license in his immediate possession at all
 5    times when operating a motor vehicle , or motorized vessel of  more  than
 6    ten  (10)  horsepower,    and shall, upon demand, surrender the driver's
 7    license into the hands of a peace officer for his inspection. However, no per-
 8    son charged with a violation of the provisions of this section shall  be  con-
 9    victed if a driver's license issued to the person and valid at the time of his
10    arrest is produced in court.

11        SECTION  9.  That  Section  49-334, Idaho Code, be, and the same is hereby
12    amended to read as follows:

13        49-334.  RENTING MOTOR VEHICLE TO ANOTHER. (1)  No  person  shall  rent  a
14    motor  vehicle  , or a motorized vessel of more than ten (10) horsepower,
15     to any other person unless the latter person is then  licensed  or,  in
16    the  case of a nonresident, then licensed under the laws of the state or coun-
17    try of his residence, except a nonresident whose home state  or  country  does
18    not require that any operator be licensed.
19        (2)  No  person  shall  rent  a  motor  vehicle  to  another  until he has
20    inspected the driver's license of the person to whom  the  vehicle  is  to  be
21    rented  and  compared and verified the signature thereon with the signature of
22    the person written in his presence.
23        (3)  Every person renting a motor vehicle , or a motorized vessel  of
24    more  than  ten  (10) horsepower,  to another shall keep a record of the
25    registration number of the motor vehicle , or  the  motorized  vessel  of
26    more  than  ten (10) horsepower,  so rented, the name and address of the
27    person to whom the vehicle is rented, the number of the license of the  latter
28    person  and  the  date  and  place when and where the license was issued. This
29    record shall be open to inspection by any peace officer or officer or employee
30    of the department.

31        SECTION 10.  That Section 67-7003, Idaho Code, be, and the same is  hereby
32    amended to read as follows:

33        67-7003.  DEFINITIONS. In this chapter:
34        (1)  "Actual  physical  control" means being in the operator's position of
35    the vessel with the motor running or with the vessel moving.
36        (2)  "Aids to navigation" means such buoys, batons, markers or other fixed
37    objects in the water which are established and used to mark obstructions or to
38    direct navigation through separate channels.
39        (3)  "Authorized vendor" means a retail/commercial enterprise  or  govern-
40    ment  office authorized by the department to sell certificates of registration
41    as provided in section 67-7008, Idaho Code.
42        (4)  "Boating law administrator" means  the  staff  person  of  the  Idaho
43    department  of  parks  and recreation appointed by the director and who super-
44    vises the boating program.
45        (5)  "Commercial vessel" means any vessel used in the carriage of any per-
46    son, persons or property for a valuable  consideration,  whether  directly  or
47    indirectly flowing to the owner, partner, agent or any other person interested
48    in the vessel.
49        (6)  "Department" means the Idaho department of parks and recreation.
50        (7)  "Director"  means  the  director of the Idaho department of parks and


                                          16

 1    recreation.
 2        (8)  "Float house" means a floating structure which is designed and  built
 3    to  be used, or is modified to be used, as a stationary waterborne residential
 4    dwelling, has no mode of power of its own, is dependent for utilities  upon  a
 5    continuous  utility linkage to a source originating on shore, and has a perma-
 6    nent continuous connection to a sewage system on shore.
 7        (9)  "Float tube" means any vessel constructed of canvas, nylon  or  other
 8    material  encasing  an  inflatable inner tube which allows the operator to sit
 9    inside with his legs dangling below the vessel.
10        (10) "Length of vessel" means the distance measured at the  centerline  at
11    the  highest point above the waterline from the fore-part of the outer hull at
12    the bow to the aft-part  of  the  outer  hull  at  the  stern,  excepting  any
13    bowsprits, railings or extraneous or additional equipment.
14        (11) "Manufacturer"  means  any  person  who is engaged in the business of
15    manufacturing or importing new and unused vessels for the purpose of  sale  or
16    trade.
17        (12)   "Motorized  vessel"  means  any vessel propelled by machinery,
18    whether or not the machinery is the principal source of propulsion.
19        (13)  "Operate" means to navigate or otherwise use a vessel  on  the
20    water of this state.
21        (1  3   4 ) "Operator" means any person who controls
22    the direction or propulsion of any vessel on the water of this state.
23        (1 4  5 ) "Owner" means any person having a property
24    interest in or entitled to the use or possession of a vessel, including a per-
25    son entitled to use or possession subject to the interest  in  another  person
26    reserved  or  created  by  agreement and securing payment of performance of an
27    obligation, but not including a lessee under lease not intended as security.
28        (1 5  6 ) "Passenger"  means  every  person  carried
29    aboard a vessel other than:
30        (a)  The owner or his representative;
31        (b)  The operator;
32        (c)  A  bona fide member of the crew engaged in the business of the vessel
33        who has contributed no consideration for carriage and who is paid for  his
34        services; or
35        (d)  Any  guest  on  board a vessel which is used exclusively for pleasure
36        purposes who has not contributed any consideration directly or  indirectly
37        for his carriage.
38        (1 6  7 ) "Person" means any individual, firm, part-
39    nership,  corporation,  company, association, joint stock association, or body
40    politic, except the United States and the state of  Idaho,  and  includes  any
41    agent, trustee, executor, reserve assignee or similar representative of any of
42    the above.
43        (1 7  8 ) "Personal watercraft" means a small vessel
44    which  uses an outboard motor or an inboard motor powering a water jet pump as
45    its primary source of power and is designed to be operated by  a  person  sit-
46    ting,  standing or kneeling on, rather than in the conventional manner of sit-
47    ting or standing inside the vessel.
48        (1 8  9 ) "Private  label  merchandiser"  means  any
49    person  engaged    in  the  business of selling or distributing, under his own
50    trade name, vessels manufactured by another.
51        (  19    20  ) "Regatta,"  "Race,"  "Marine  Event,"
52    "Tournament," or "Exhibition" means an organized water event of limited  dura-
53    tion which is conducted according to a prearranged schedule.
54        (2  0    1 ) "Regulatory markers" means any fixed or
55    anchored aid to navigation which is established and used, but is  not  limited


                                          17

 1    to,  the bathing beach markers, speed zone markers, information markers, swim-
 2    ming or diving markers, floating mooring buoys, fishing buoys or  markers  for
 3    ski courses or jumps.
 4        (2  1    2 ) "Rules of the road" means the statutory
 5    and regulatory rules governing the navigation of vessels as published  by  the
 6    United States Coast Guard in Navigational Rules International -- Inland.
 7        (2 2  3 ) "Vessel" means every description of water-
 8    craft,  including  a seaplane on the water, used or capable of being used as a
 9    means of transportation on water, but does not include float  houses,  diver's
10    aids  operated  and  designed primarily to propel a diver below the surface of
11    the water, and nonmotorized devices not designed or modified to be used  as  a
12    means  of transportation on the water, such as inflatable air mattresses, sin-
13    gle inner tubes, and beach and water toys.
14        (2 3  4 ) "Water of this state" means any waters  in
15    the state of Idaho over which the state has jurisdiction.

16        SECTION  11.  That  Chapter  70, Title 67, Idaho Code, be, and the same is
17    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
18    known and designated as Section 67-7039, Idaho Code, and to read as follows:

19        67-7039.    VESSEL OPERATOR LICENSING. It shall be unlawful for any person
20    to operate a vessel on the waters of this state without a driver's license and
21    vessel operator endorsement as prescribed in title 49, Idaho Code.

22        SECTION 12.  That Chapter 70, Title 67, Idaho Code, be, and  the  same  is
23    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
24    known and designated as Section 67-7051, Idaho Code, and to read as follows:

25        67-7051.  FINANCIAL RESPONSIBILITY.  (1) It shall be unlawful for any per-
26    son to operate a vessel upon waters of this state without a  valid  policy  of
27    liability  insurance  in full force and effect in an amount not less than that
28    provided in section 49-117, Idaho Code, or unless the person has been issued a
29    certificate of self-insurance pursuant to section 49-1224, Idaho Code, or  has
30    previously posted an indemnity bond with the director of insurance as provided
31    in  section  49-1229,  Idaho  Code. This section shall only apply to motorized
32    vessels greater than ten (10) horsepower which are numbered and registered  in
33    Idaho  and  shall  not  apply  with  respect to any vessel owned by the United
34    States, the state, any municipality or other political subdivision.
35        (2)  It is an infraction punishable by  a  fine  of  seventy-five  dollars
36    ($75.00) for any person to violate the provisions of this section.

37        SECTION  13.  That  Chapter  70, Title 67, Idaho Code, be, and the same is
38    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
39    known and designated as Section 67-7052, Idaho Code, and to read as follows:

40        67-7052.    CERTIFICATE  OR  PROOF OF LIABILITY INSURANCE TO BE CARRIED IN
41    VESSEL. (1) A certificate or proof of liability insurance shall be in the pos-
42    session of the operator of every vessel or present in every vessel required to
43    maintain liability insurance as prescribed in this chapter at all  times  when
44    the  vessel  is operated on the waters of this state. The certificate or proof
45    of liability insurance shall be provided for inspection to any  peace  officer
46    upon  request  to  the operator of any vessel. No person shall be convicted of
47    violating this section if that person produces, at any time prior  to  convic-
48    tion, the certificate or proof of liability insurance covering the vessel that
49    the  person  is  accused  of operating in violation of this section, where the


                                          18

 1    certificate or proof of liability insurance demonstrates the existence of lia-
 2    bility insurance described in section 67-7054, Idaho Code, which was in effect
 3    at the time of occurrence of the violation.
 4        (2)  It is an infraction punishable by  a  fine  of  seventy-five  dollars
 5    ($75.00) for any person to violate the provisions of this section.

 6        SECTION  14.  That  Chapter  70, Title 67, Idaho Code, be, and the same is
 7    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
 8    known and designated as Section 67-7053, Idaho Code, and to read as follows:

 9        67-7053.   ALTERNATE METHODS OF GIVING PROOF. Proof of financial responsi-
10    bility shall be furnished for each vessel registered by any person required to
11    give proof and may be given by filing:
12        (1)  A  certificate  of  insurance  as  provided in section 49-1210, Idaho
13    Code; or
14        (2)  A bond as provided in section 49-1215, Idaho Code; or
15        (3)  A certificate of deposit of money or securities as provided  in  sec-
16    tion 49-1216, Idaho Code; or
17        (4)  A certificate of self-insurance as provided in section 49-1224, Idaho
18    Code.

19        SECTION  15.  That  Chapter  70, Title 67, Idaho Code, be, and the same is
20    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
21    known and designated as Section 67-7054, Idaho Code, and to read as follows:

22        67-7054.  EXPRESSED,  PERMITTED  AND  IMPLIED  PROVISIONS OF MOTOR VEHICLE
23    LIABILITY POLICY. (1) An owner's policy of liability insurance shall:
24        (a)  Designate by explicit description or  by  appropriate  reference  all
25        vessels with respect to which coverage is to be granted; and
26        (b)  Insure  the  person  named  therein and any other person, as insured,
27        using any such described vessels with the express or implied permission of
28        the named insured, against loss from the liability imposed by law for dam-
29        ages arising out of the ownership,  maintenance  or  use  of  the  vessels
30        within  the United States of America or the Dominion of Canada, subject to
31        limits exclusive of interest and costs, with respect to  each  vessel,  as
32        provided in section 49-117, Idaho Code.
33        (2)    An operator's policy of liability insurance shall insure the person
34    named as insured therein against loss from the liability imposed upon  him  by
35    law  for damages arising out of the use by him of any vessel not owned by him,
36    within the same territorial limits and subject to the same limits of liability
37    as are set forth in subsection (1) of this section with respect to an  owner's
38    policy of liability insurance.
39        (3)  A  vessel  liability  policy  shall state the name and address of the
40    named insured, the coverage afforded by the policy, the premium charged there-
41    for, the policy period and the limits  of  liability,  and  shall  contain  an
42    agreement  or  be  indorsed that insurance is provided in accordance with  the
43    coverage defined in this chapter as respects bodily injury and death or  prop-
44    erty damage, or both, and is subject to all the provisions of this chapter.
45        (4)  A  vessel  liability  policy shall not insure any liability under any
46    worker's compensation law as provided in title 72, Idaho Code, nor any liabil-
47    ity on account of bodily injury to or death of  an  employee  of  the  insured
48    while engaged in the employment, other than domestic, of the insured, or while
49    engaged  in  the  operation, maintenance or repair of any described vessel nor
50    any liability for damage to property owned by, rented  to,  in  charge  of  or
51    transported by the insured.


                                          19

 1        (5)  Every  vessel liability policy shall be subject to the following pro-
 2    visions which need not be contained therein:
 3        (a)  The policy may not be cancelled or annulled as to  any  liability  by
 4        any  agreement  between  the  insurance  carrier and the insured after the
 5        occurrence of any injury or damage covered by the vessel liability policy.
 6        (b)  Satisfaction by the insured of a judgment for injury or damage  shall
 7        not be a condition precedent to the right or duty of the insurance carrier
 8        to make payment on account of the injury or damage.
 9        (c)  The  insurance  carrier shall have the right to settle any claim cov-
10        ered by the policy, and if the settlement  is  made  in  good  faith,  the
11        amount  shall be deductible from the limits of liability specified in sub-
12        section (1)(b) of this section.
13        (d)  The policy and its written application, if  any,  and  any  rider  or
14        indorsement  which  does  not conflict with the provisions of this chapter
15        shall constitute the entire contract between the parties.
16        (6)  Any policy which grants the coverage required for a vessel  liability
17    policy  may  also grant any lawful coverage in excess of or in addition to the
18    coverage specified for a vessel liability policy, and any excess or additional
19    coverage shall not be subject to the provisions of this chapter. With  respect
20    to  a  policy  which  grants an excess of additional coverage the term "vessel
21    liability policy" shall apply only to that  part  of  the  coverage  which  is
22    required by this section.
23        (7)  Any  vessel liability policy may provide that the insured shall reim-
24    burse the insurance carrier for any payment the insurance  carrier  would  not
25    have  been obligated to make under the terms of the policy except for the pro-
26    visions of this chapter.
27        (8)  Any vessel liability policy may provide  for  the  prorating  of  the
28    insurance with other valid and collectible insurance.
29        (9)  The  requirements  for  a vessel liability policy may be fulfilled by
30    the policies of one (1) or more insurance  carriers  which  policies  together
31    meet the requirements of this chapter.
32        (10) Any  binder  issued pending the issuance of a vessel liability policy
33    shall be deemed to fulfill the requirements for such a policy.

34        SECTION 16.  That Chapter 70, Title 67, Idaho Code, be, and  the  same  is
35    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
36    known and designated as Section 67-7055, Idaho Code, and to read as follows:

37        67-7055.   NOTICE OF CANCELLATION OR TERMINATION OF CERTIFIED POLICY. When
38    an insurance carrier has certified a vessel liability policy, the insurance so
39    certified shall not be cancelled or terminated until at least  ten  (10)  days
40    after  a  notice  of cancellation or termination of the insurance so certified
41    shall be filed with the department. A policy subsequently procured and  certi-
42    fied  shall,  on the effective date of its certification, terminate the insur-
43    ance previously certified with respect to any vessel designated in  both  cer-
44    tificates.

45        SECTION  17.  That  Chapter  70, Title 67, Idaho Code, be, and the same is
46    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
47    known and designated as Section 67-7056, Idaho Code, and to read as follows:

48        67-7056.    CERTIFICATE OF LIABILITY INSURANCE -- HOW ACQUIRED. (1) A cer-
49    tificate of liability insurance, to be effective, must be issued by an  insur-
50    ance  or  surety company authorized to do business in this state, by an autho-
51    rized agent of such a company, or by the director of the department of  insur-


                                          20

 1    ance.  The certificate of liability insurance shall be in a form prescribed by
 2    the director of the department of insurance. Upon purchase  or  renewal  of  a
 3    policy  of  insurance  or  upon request of its insured, an insurance or surety
 4    company or its authorized agent shall issue a certificate of liability  insur-
 5    ance  and  present  it  to  its insured. An insurance or surety company or its
 6    authorized agent shall not charge a fee for a certificate of liability  insur-
 7    ance.
 8        (2)  When, to the satisfaction of the director of the department of insur-
 9    ance,  it  appears that a bond or cash deposit complying with the requirements
10    of this chapter has been deposited with him, he  shall  issue  to  the  vessel
11    owner a certificate of liability insurance.

12        SECTION  18.  That  Chapter  70, Title 67, Idaho Code, be, and the same is
13    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
14    known and designated as Section 67-7057, Idaho Code, and to read as follows:

15        67-7057.  FALSE  CERTIFICATE.  It  shall  be unlawful for anyone to alter,
16    falsify, forge, counterfeit, or issue or make  any  certificate  of  liability
17    insurance except as provided for in title 49, Idaho Code, and in this chapter.

18        SECTION  19.  This act shall be in full force and effect on and after July
19    1, 2000.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS08886

This proposal would require persons born on or after January 1,
1984, to obtain a vessel ("V") operation endorsement on their
driver's license prior to operating any motorized vessel of more
than 10 horsepower on waters of the State. Exempt are persons under
16 years of age when another person of at least 18 years of age is
on board the vessel. Nonresidents are also exempt when they carry
proof of completing a course on safe boating approved by the
National Association of State Boating Law Administrators (NASBLA).

This proposal requires a written knowledge examination, to be
proctored in the same manner as other endorsements (such as that for
motorcycles), of all applicants for vessel license endorsements. The
written examination will be developed by the State Boating Law
Administrator. It also requires completion of a course in safe
boating approved by NASBLA prior to applying for a vessel operator
license endorsement.

It also requires persons renting motorized vessels of more than 10
horsepower to obtain proof of a driver's license prior to renting
the vessel to a person born on or after January l, 1984.

This proposal also requires liability insurance on vessels of
greater than 10 horsepower which are numbered in Idaho.

This proposal would be effective on and after January l, 2000.

                           FISCAL NOTE

This proposal would have no affect on the General Fund. Applicants
for vessel operator license endorsements will pay $14.50 to the
agency proctoring the written examination and issuing the
endorsement. If the County collects the fee, $6.50 will be deposited
in the County Vessel Account and the remainder will go to the County
Current Expense Account. If the State collects the fee, $6.50 will
go to the State Vessel Account (and distributed to all counties),
and the remainder will go to the State Treasury.

CONTACT:  Rep. John Campbell
         208-332-1000
         
STATEMENT OF PURPOSE/ FISCAL NOTE   Bill No.      H 261