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H0384........................................................by MR. SPEAKER Requested by: Department of Parks and Recreation MOTORCYCLES - ALL-TERRAIN VEHICLES - Amends existing law to provide an exemption from the requirement to obtain a motorcycle endorsement when operating motorcycles on certain unpaved or specially designated highways on public land; to require registration fees for motorcycles operated on public highways and for motorcycles and all-terrain vehicles operated off the public highways; to provide exemptions from operating fees for motorcycles and all-terrain vehicles used on unpaved highways and specially designated highways on public land; to provide for application of certain criminal and motor vehicle laws; to provide that political subdivisions of the state may adopt ordinances designating certain highways upon which unregistered all-terrain vehicles and motorcycles may be operated; to provide that costs relating to posting of the signs are eligible for reimbursement; to provide for registration of all-terrain vehicles or motorcycles used off highways and to provide an exemption; to provide a reference to motorbike/ATV registration stickers; and to provide the effective period for the stickers. 01/17 House intro - 1st rdg - to printing Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 384 BY MR. SPEAKER Requested by: Department of Parks and Recreation 1 AN ACT 2 RELATING TO MOTORCYCLES AND ALL-TERRAIN VEHICLES; AMENDING SECTION 49-302, 3 IDAHO CODE, TO PROVIDE AN EXEMPTION FROM THE REQUIREMENT TO OBTAIN A 4 MOTORCYCLE ENDORSEMENT WHEN OPERATING MOTORCYCLES ON CERTAIN UNPAVED OR 5 SPECIALLY DESIGNATED HIGHWAYS ON PUBLIC LAND; AMENDING SECTION 49-402, 6 IDAHO CODE, TO REQUIRE REGISTRATION FEES FOR MOTORCYCLES OPERATED ON PUB- 7 LIC HIGHWAYS AND FOR MOTORCYCLES AND ALL-TERRAIN VEHICLES OPERATED OFF THE 8 PUBLIC HIGHWAYS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 9 49-426, IDAHO CODE, TO PROVIDE EXEMPTIONS FROM OPERATING FEES FOR MOTOR- 10 CYCLES AND ALL-TERRAIN VEHICLES USED ON UNPAVED HIGHWAYS AND SPECIALLY 11 DESIGNATED HIGHWAYS ON PUBLIC LAND, TO PROVIDE FOR APPLICATION OF CERTAIN 12 CRIMINAL LAWS AND MOTOR VEHICLE LAWS, TO PROVIDE THAT POLITICAL SUBDIVI- 13 SIONS OF THE STATE MAY ADOPT ORDINANCES DESIGNATING CERTAIN HIGHWAYS UPON 14 WHICH UNREGISTERED ALL-TERRAIN VEHICLES AND MOTORCYCLES MAY BE OPERATED 15 AND TO PROVIDE THAT COSTS RELATING TO POSTING OF SIGNS ARE ELIGIBLE FOR 16 REIMBURSEMENT THROUGH THE MOTORBIKE RECREATION ACCOUNT; AMENDING SECTION 17 67-7122, IDAHO CODE, TO PROVIDE FOR REGISTRATION OF ALL-TERRAIN VEHICLES 18 OR MOTORCYCLES USED OFF HIGHWAYS OR ON SPECIALLY DESIGNATED HIGHWAYS, TO 19 PROVIDE AN EXEMPTION, TO PROVIDE A REFERENCE TO MOTORBIKE/ATV REGISTRATION 20 STICKERS, TO PROVIDE THE EFFECTIVE PERIOD OF THE REGISTRATION STICKERS, 21 TO PROVIDE REFERENCES TO ALL-TERRAIN VEHICLES AND MOTORBIKES, TO PROVIDE 22 AN EXEMPTION FROM STANDARD MOTOR VEHICLE REGISTRATION FOR ALL-TERRAIN 23 VEHICLES AND MOTORBIKES USED ON CERTAIN HIGHWAYS AND TO MAKE TECHNICAL 24 CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE. 25 Be It Enacted by the Legislature of the State of Idaho: 26 SECTION 1. That Section 49-302, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 49-302. WHAT PERSONS ARE EXEMPT FROM LICENSE. The following persons are 29 exempt from licensing if driving privileges are not suspended, cancelled, 30 revoked, disqualified, denied or refused: 31 (1) Any person while driving or operating any farm tractor or implement 32 of husbandry when incidentally operated on a highway. 33 (2) Farmers are exempt from obtaining a class A, B or C driver's license 34 to operate a commercial motor vehicle which is: 35 (a) Controlled and operated by a farmer, including operation by employees 36 or family members; and 37 (b) Used to transport either agricultural products, farm machinery, farm 38 supplies, or both, to or from a farm; and 39 (c) Not used in the operations of a common or contract motor carrier; and 40 (d) Used within one hundred fifty (150) miles of the person's farm. 41 (3) Any person is exempt from obtaining a class A, B or C driver's 42 license for the operation of commercial motor vehicles which are necessary to 43 the preservation of life or property or the execution of emergency governmen- 2 1 tal functions, are equipped with audible and visual signals, and are not sub- 2 ject to normal traffic regulations. 3 (4) Any person is exempt from obtaining a class A, B or C license to 4 operate a commercial vehicle which is exclusively used to transport personal 5 possessions or family members for nonbusiness or recreational purposes. 6 (5) A nonresident who is at least fifteen (15) years of age and who has 7 in his immediate possession a valid driver's license issued to him in his home 8 state or country may operate a motor vehicle in Idaho only as a class D opera- 9 tor with driving privileges restricted to daylight hours only, and with full 10 privileges at sixteen (16) years of age, and only if Idaho residency is not 11 established. 12 (6) A nonresident who is at least fifteen (15) years of age and who has 13 in his possession a valid driver's license with a motorcycle endorsement or 14 who has a valid motorcycle driver's license issued to him in his home state or 15 country may operate a motorcycle in Idaho with driving privileges restricted 16 to daylight hours only, and with full privileges at sixteen (16) years of age. 17 (7) A nonresident who has in his immediate possession a valid commercial 18 driver's license issued to him in his home state or country may operate a 19 motor vehicle in Idaho. 20 (8) A nonresident on active duty in the armed forces of the United States 21 who has a valid driver's license issued by his home jurisdiction, and such 22 nonresident's spouse or dependent son or daughter who has a valid driver's 23 license issued by such person's home jurisdiction. 24 (9) Any active duty military personnel, active duty U.S. coast guard per- 25 sonnel, and members of the reserves and national guard on active duty includ- 26 ing personnel on full-time national guard duty, personnel on part-time train- 27 ing and national guard military technicians who as civilians are required to 28 wear military uniforms and are subject to the code of military justice, are 29 exempt from obtaining a commercial driver's license to operate military vehi- 30 cles. This exemption does not apply to U.S. reserve technicians. 31 (10) Any person with a valid driver's license issued in their name is 32 exempt from the requirement to obtain a motorcycle endorsement on the license 33 when: 34 (a) Operating a motorcycle on unpaved highways located on state public 35 lands or federal public lands which are not part of the highway system of 36 the state of Idaho, a county, highway district or city; or 37 (b) Operating a motorcycle on highways or sections of highways designated 38 for unregistered motorcycle use under section 49-426(4), Idaho Code. 39 SECTION 2. That Section 49-402, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup 42 truck and each other motor vehicle having a maximum gross weight not in excess 43 of eight thousand (8,000) pounds shall be: 44 Vehicles one (1) and two (2) years old ............................ $48.00 45 Vehicles three (3) and four (4) years old ......................... $36.00 46 Vehicles five (5) and six (6) years old ........................... $36.00 47 Vehicles seven (7) and eight (8) years old ........................ $24.00 48 Vehicles over eight (8) years old ................................. $24.00 49 There shall be twelve (12) registration periods, starting in January for 50 holders of validation registration stickers numbered 1, and proceeding consec- 51 utively through December for holders of validation registration stickers num- 52 bered 12, each of which shall start on the first day of a calendar month and 53 end on the last day of the twelfth month from the first day of the beginning 3 1 month. Registration periods shall expire midnight on the last day of the reg- 2 istration period in the year designated by the validation registration 3 sticker. The numeral digit on the validation registration stickers shall, as 4 does the registration card, fix the registration period under the staggered 5 plate system of Idaho for the purpose of reregistration and notice of expira- 6 tion. 7 A vehicle that has once been registered for any of the above designated 8 periods shall, upon reregistration, be registered for the period bearing the 9 same number, and the registration card shall show and be the exclusive proof 10 of the expiration date of registration and licensing. Vehicles may be ini- 11 tially registered for less than a twelve (12) month period, or for more than a 12 twelve (12) month period, and the fee prorated on a monthly basis if the frac- 13 tional registration tends to fulfill the purpose of the monthly series regis- 14 tration system. 15 (2) For all motorcycles and all-terrain vehicles operated upon the pub- 16 lic highways the annual fee shall be nine dollars ($9.00). For operation of an 17 ATVall-terrain vehicle or motorcycle off the public highways, the fee speci- 18 fied in section 67-7122, Idaho Code, shall alsobe paid. Registration exemp- 19 tions provided in section 49-426(2) and (3), Idaho Code, apply to all-terrain 20 vehicles and motorcycles used for the purposes described in thatsubsections 21 (2) and (3) of section 49-426, Idaho Code. 22 (3) For all motor homes the fee shall be as specified in subsection (1) 23 of this section and shall be in addition to the fees provided for in section 24 49-445, Idaho Code. 25 (4) Registration fees shall not be subject to refund. 26 (5) A financial institution or repossession service contracted to a 27 financial institution repossessing vehicles under the terms of a security 28 agreement shall move the vehicle from the place of repossession to the finan- 29 cial institution's place of business on a repossession plate. The repossession 30 plate shall also be used for demonstrating the vehicle to a prospective pur- 31 chaser for a period not to exceed ninety-six (96) hours. The registration fees 32 for repossession plates shall be as required in subsection (1) of this section 33 for a vehicle one (1) and two (2) years old. All other fees required under 34 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee. 35 The repossession plate shall be issued on an annual basis by the department. 36 (6) In addition to the annual registration fee in this section, there 37 shall be an initial program fee of twenty-five dollars ($25.00) and an annual 38 program fee of fifteen dollars ($15.00) for all special license plate programs 39 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408, 40 49-409, 49-414, 49-416 and 49-418, Idaho Code. For special plates issued pur- 41 suant to sections 49-406 and 49-406A, Idaho Code, there shall be an initial 42 program fee of twenty-five dollars ($25.00) but there shall be no annual 43 renewal fee. For special plates issued pursuant to sections 49-417, 49-417A, 44 49-417B, 49-418A, 49-419, 49-419A and 49-420, Idaho Code, there shall be an 45 initial program fee of thirty-five dollars ($35.00) and an annual program fee 46 of twenty-five dollars ($25.00). For special plates issued pursuant to section47 49-418A, Idaho Code, the initial program fee and the annual renewal fee shall48 be fifty dollars ($50.00).The fees contained in this subsection shall be 49 applicable to all new special plate programs. The initial program fee and the 50 annual program fee shall be deposited as specified by law for each program. 51 SECTION 3. That Section 49-426, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 49-426. EXEMPTIONS FROM OPERATING FEES. The provisions of this chapter 4 1 with respect to operating fees shall not apply to: 2 (1) Motor vehicles owned or leased by the United States, the state, a 3 city, a county, any department thereof, any political subdivision or municipal 4 corporation of the state, any taxing district of the state, any state regis- 5 tered nonprofit subscription fire protection unit, or any organization, 6 whether incorporated or unincorporated, organized for the operation, mainte- 7 nance, or management of an irrigation project or irrigation works or system or 8 for the purpose of furnishing water to its members or shareholders, but in 9 other respects shall be applicable. 10 (2) Farm tractors, implements of husbandry, those manufactured homes 11 which qualify for an exemption under the provisions of section 49-422, Idaho 12 Code, road rollers, wheel mounted tar buckets, portable concrete and/or mortar 13 mixers, wheel mounted compressors, tow dollies, portable toilet trailers, 14 street sweepers, and similar devices as determined by the department which are 15 temporarily operated or moved upon the highways need not be registered under 16 the provisions of this chapter, nor shall implements of husbandry be consid- 17 ered towed units under registration of vehicle combinations as defined in sec- 18 tion 49-108(2), Idaho Code. In addition, self-propelled wheelchairs, three- 19 wheeled bicycles, wheelchair conveyances, golf carts, lawn mowers, and 20 scooters operated by persons who by reason of physical disability are other- 21 wise unable to move about as pedestrians shall be exempt from registration 22 requirements under the provisions of this chapter. Motorcycles and all-terrain 23 vehicles , as defined in section 67-7101, Idaho Code,need not be registered 24 under the provisions of this chapter whileif they are: 25 (a) B being used exclusively in connection with agricultural, horticul- 26 tural, dairy and livestock growing and feeding operations or used exclu- 27 sively for snow removal purposes. Travel upon the public highways shall be 28 limited to travel between farm or ranch locations. Motorcycles and all- 29 terrain vehicles used for this purpose shall meet the requirements of sec- 30 tion 49-619, Idaho Code; or 31 (b) Used exclusively on unpaved highways located on state public lands or 32 federal public lands which are not part of the highway system of the state 33 of Idaho, a county, highway district or city, provided the registration 34 requirements of section 67-7122, Idaho Code, are met. The requirements of 35 title 18 and chapters 6, 8, 12, 13 and 14, title 49, Idaho Code, shall be 36 applicable to motorcycles and all-terrain vehicles on these highways. 37 (3) Any political subdivision of the state of Idaho may, but only after 38 sufficient public notice is given and a public hearing held, adopt local ordi- 39 nances designating highways or sections of highways under its jurisdiction 40 upon which unregistered all-terrain vehicles and motorcycles may be operated. 41 No controlled access highways shall be designated under this subsection. The 42 requirements of title 18 and chapters 6, 8, 12, 13 and 14, title 49, Idaho 43 Code, shall apply to the operation of any unregistered motorcycle and all- 44 terrain vehicle upon such designated highways. Costs related to the posting of 45 signs on such designated highways or sections of highways indicating the ordi- 46 nance are eligible for reimbursement through the motorbike recreation account 47 created in section 67-7126, Idaho Code. 48 SECTION 4. That Section 67-7122, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 67-7122. REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) Commencing Janu-51 ary 1, 1987 and oOn or before January 1 of each subsequentyear, the owner of 52 any all-terrain vehicle or motorbike as defined in section 67-7101, Idaho 53 Code, used off public highways or on highways designated as prescribed in sec- 5 1 tion 49-426(4), Idaho Code, but excluding those vehicles used exclusively on 2 private land for agricultural use or used exclusively for snow removal pur- 3 poses, shall register that vehicle at any vendor authorized by the department. 4 A fee of ten dollars ($10.00) shall be charged for each registration, which 5 fee includes a one dollar and fifty cent ($1.50) vendor fee. At the time of 6 sale from any dealer, each motorbike or all-terrain vehicle sold to an Idaho 7 resident, but excluding those vehicles to be used exclusively on private land 8 for agricultural use or used exclusively for snow removal purposes, must be 9 registered before it leaves the premises. Application blanks and stickers 10 shall be supplied by the department and the registration sticker shall be 11 issued to the person making application for registration. The vendor issuing 12 the registration sticker shall, upon receipt of the application in approved 13 form, issue to the applicant a n off-highway vehiclemotorcycle/ATV sticker and 14 shall note the number of the sticker in his records and shall supply a dupli- 15 cate copy of the application form, noting the number of the sticker issued, to 16 the department. All stickers which are issued shall be in force through Janu-17 ary 1December 31 of the followingissued year. All registration stickers 18 shall be renewed by the owner of the off-highway vehicleall-terrain vehicle 19 or motorbike in the same manner provided for in the initial securing of the 20 same. The issued sticker shall be placed upon the off-highway vehicleall- 21 terrain vehicle or motorbike in such a manner that it is completely visible 22 and shall be kept in a legible condition at all times. 23 (2) For operation of an all-terrain vehicle or motorbike on the public 24 highways, the vehicle shall also be registered pursuant to the provisions of 25 section 49-402, Idaho Code, except for those highways defined in section 26 49-426, Idaho Code. 27 SECTION 5. This act shall be in full force and effect on and after July 28 1, 2000.
STATEMENT OF PURPOSE RS09355C1 This proposed legislation is intended to reduce the confusion and ease dual registration requirements imposed on off-highway motorbike and all- terrain vehicle operators who typically operate their vehicles off- highway or on primitive, unpaved roadways and trails. This proposal provides an exemption from the registration and motorcycle endorsement provision of Title 49 for off-highway motorbikes and all- terrain vehicles that are operated on unpaved highways located on state and federal public land that are not managed by the Idaho Transportation Department, Highway Districts, Counties, and Cities. The proposal also gives political subdivisions of the state of Idaho the ability to designate highways or sections of highways for unregistered off-highway motorbike and all-terrain vehicle use. This legislation will not change existing financial responsibility requirements, drivers licensing requirements except the motorcycle endorsement on unpaved highways, blood alcohol requirements, administrative license suspension provisions, or rules of the roads. FISCAL IMPACT No significant difference in revenues from registration fees is anticipated due to the clarification of the registration statute. All enforcement agencies may apply for grants through the state motorbike recreation account for any costs incurred relating to this proposal. CONTACT Name: Mark Brandt Agency: Department of Parks and Recreation Phone: 334-4180 ext. 224 Statement of Purpose/Fiscal Impact H0384