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H0385aa......................................................by MR. SPEAKER
Requested by: Idaho Department of Transportation
FARM TRACTORS/VEHICLES - Amends existing law to revise the specifications
for flags when they are required to be displayed on projecting loads, farm
tractors or implements of husbandry; and to clarify terminology relating to
penalties for weight violations.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Transp
02/07 Rpt out - to Gen Ord
Rpt out amen - to engros
02/08 Rpt engros - 1st rdg - to 2nd rdg as amen
02/09 2nd rdg - to 3rd rdg as amen
02/11 3rd rdg as amen - PASSED - 60-0-10
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Callister,
Chase, Cheirrett, Clark, Cuddy, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23), Henbest,
Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wood, Zimmermann, Mr
Speaker
NAYS -- None
Absent and excused -- Black, Bruneel, Campbell, Crow, Deal, Hammond,
Hansen(29), Linford, Moss, Wheeler
Floor Sponsor - Pischner
Title apvd - to Senate
02/14 Senate intro - 1st rdg as amen - to Transp
02/23 Rpt out - rec d/p - to 2nd rdg as amen
02/24 2nd rdg - to 3rd rdg as amen
03/24 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Riggs
Title apvd - to House
03/27 To enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed
03/30 To Governor
Governor signed
Session Law Chapter 101
Effective: 07/01/00
H0385|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 385, As Amended BY MR. SPEAKER Requested by: Idaho Department of Transportation 1 AN ACT 2 RELATING TO MOTOR VEHICLE EQUIPMENT; AMENDING SECTION 49-913, IDAHO CODE, TO 3 REVISE SPECIFICATIONS FOR FLAGS WHEN REQUIRED TO BE DISPLAYED ON PROJECT- 4 ING LOADS; AMENDING SECTION 49-1010, IDAHO CODE, TO REVISE SPECIFICATIONS 5 FOR FLAGS WHEN REQUIRED TO BE DISPLAYED ON FARM TRACTORS AND IMPLEMENTS OF 6 HUSBANDRY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-1013, 7 IDAHO CODE, TO CLARIFY TERMINOLOGY RELATING TO PENALTIES FOR WEIGHT VIOLA- 8 TIONS AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 49-913, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 49-913. LAMP OR FLAG ON PROJECTING LOAD. Whenever the load upon any vehi- 13 cle extends to the rear four (4) feet or more beyond the bed or body of the 14 vehicle, there shall be displayed at the extreme rear end of the load, at the 15 times specified in section 49-903, Idaho Code, a red light or lantern plainly 16 visible from a distance of at least five hundred (500) feet to the sides and 17 rear. The red light or lantern required under this section shall be in addi- 18 tion to the red rear light required upon every vehicle. At any other time 19 there shall be displayed at the extreme rear end of the load a red or fluores- 20 cent orange flagor cloth not less than sixteena minimum of twelve (162) 21 inchessquareby twelve (12) inches and hung so that theentire areaflag is 22 visible to the driver of a vehicle approaching from the rear. 23 SECTION 2. That Section 49-1010, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 49-1010. SIZE OF VEHICLES AND LOADS. No vehicle shall exceed the dimen- 26 sions specified below, except that certain devices determined by the board as 27 necessary for the safe and efficient operation of motor vehicles, including 28 energy conservation devices, shall be excluded from the calculation of width 29 or length. 30 (1) The width of a vehicle, including any load thereon, except as noted 31 below, shall not exceed .......................................... 8 1/2 feet. 32 (a) The limitations as to size of vehicles stated in this section shall 33 not apply to farm tractors or to implements of husbandry, including any 34 load thereon, and including all equipment used in land leveling opera- 35 tions, when being incidentally operated upon the highway from one (1) farm 36 operation to another during daylight hours. 37 (b) Notwithstanding the exemption from width limitation for farm tractors 38 included in paragraph (a) of this subsection, the total outside width of 39 any farm tractor being transported on the interstate system in this state, 2 1 except as permitted by section 49-1004, Idaho Code, shall not exceed 2 .................................................................. 9 feet. 3 (c) A farm tractor or implement of husbandry, when being incidentally 4 transported upon the highway with a width in excess of the limits of para- 5 graphs (a) and (b) of this subsection, must not proceed at a speed in 6 excess of twenty-five (25) miles per hour, must display one (1)eighteen7 red or fluorescent orange flag a minimum of twelve (182) byeighteen8 twelve (182) inchesred flagon the outermost left projection of the trac- 9 tor or implement being transported, except that the speed restriction of 10 twenty-five (25) miles per hour shall not apply when such tractor or 11 implement of husbandry is being hauled on legal width highway vehicles 12 equipped as required by law. 13 (2) The height of a vehicle, including the load thereon, shall not exceed 14 ..................................................................... 14 feet. 15 (3) The length of a vehicle, or vehicle combination, except as noted 16 below shall not exceed: 17 (a) When a single motor vehicle ................................ 45 feet. 18 (b) When a trailer or semitrailer, except as noted below ....... 48 feet. 19 1. Semitrailers operating on routes determined by the board to have 20 severe curvature, deficient width and/or heavy traffic conditions 21 shall be limited to an overall combination length not to exceed 22 ............................................................ 65 feet. 23 2. The length of a trailer tongue, or the length of the tongue of a 24 converter gear used to convert a semitrailer to a trailer, shall be 25 excluded from the calculation of a trailer length. 26 3. Semitrailers operating on routes which are a part of the national 27 network as set forth in the Code of Federal Regulations, Title 23, 28 Part 658, and on routes providing access between the national network 29 and terminals and facilities for food, fuel, repairs and rest which 30 are located within one (1) road mile of the national network shall 31 not exceed a length of ..................................... 53 feet. 32 (c) When a motor vehicle and one (1) or more trailers, except as noted in 33 subsections (3)(b), (3)(d) and (3)(e) of this section ........... 75 feet. 34 (d) When a combination of semitrailer and trailer, or of two (2) semi- 35 trailers the length in such combination, including the connecting tongue 36 and excluding the truck tractor except as noted below ........... 61 feet. 37 When the combination of semitrailer and trailer or of two (2) semi- 38 trailers including the connecting tongues exceeds sixty-one (61) feet, the 39 length of such combination including the truck tractor .......... 75 feet. 40 (e) When a combination of a semitrailer and trailer, or of two (2) semi- 41 trailers operating on routes on the national network as set forth in the 42 Code of Federal Regulations, Title 23, Part 658, and on routes providing 43 access between the national network and terminals and facilities for food, 44 fuel, repairs and rest which are located within one (1) road mile of the 45 national network, the length, including the connecting tongue and exclud- 46 ing the truck tractor, shall not exceed ......................... 68 feet. 47 (f) When a dromedary tractor with semitrailer, stinger-steered by having 48 the kingpin located five (5) feet to the rear of the centroid of the rear 49 axle(s) ......................................................... 75 feet. 50 (g) When a dromedary tractor with semitrailer, not meeting the stinger- 51 steer requirement as defined in subsection (3)(f)aboveof this section 52 ................................................................. 65 feet. 53 (h) When an auto transporter or boat transporter, stinger-steered 54 as defined in subsection (3)(f)aboveof this 55 section, excluding front and rear overhang of load ....... 75 feet. 3 1 (i) When an auto transporter or boat transporter, not meeting the 2 stinger-steer requirement as defined in subsection (3)(f)aboveof this 3 section, excluding front and rear overhang of load .............. 65 feet. 4 (j) When a truck tractor with stinger-steered pole trailer or log dolly, 5 connected by a reach or pole, or a combination used for transporting long 6 loads such as poles, pipes, logs or structural members generally capable 7 of sustaining themselves as beams between supporting bunks or connections 8 ................................................................. 75 feet. 9 (4) The overhang or extension of a load shall not extend: 10 (a) Beyond the front of a vehicle, more than .................... 4 feet. 11 (b) Beyond the last axle, more than ............................ 15 feet. 12 (c) Beyond the left fender of a passenger vehicle, more than .... 0 feet. 13 (d) Beyond the right fender of a passenger vehicle, more than 14 ................................................................ 6 inches. 15 (e) To the front and rear combined of an auto transporter or boat trans- 16 porter, more than ................................................ 7 feet. 17 (5) Noncargo-carrying devices necessary for the safe and efficient opera- 18 tion of the vehicle, as determined by the board, shall not be included in mea- 19 surement for length. 20 (6) No combination shall include more than three (3) units except when a 21 saddlemount combination ............................................. 75 feet. 22 (7) Vehicle combinations consisting of not more than four (4) vehicle 23 units with an overall length in excess of the limits of subsection (3) of this 24 section and with an overall combination length not to exceed one hundred and 25 five (105) feet, may be operated by permit on routes designated for such oper- 26 ations by the public highway agency having jurisdiction over that highway sys- 27 tem. 28 SECTION 3. That Section 49-1013, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 49-1013. PENALTIES FOR VIOLATIONS. (1) It shall be unlawful and consti- 31 tute a misdemeanor for any person to violate any of the provisions of this 32 chapter, except that violations of law as specified in paragraphs (a), (b) and 33 (c) of subsection (3) of this section shall constitute an infraction. 34 (2) Persons convicted of violations of the provisions of sections 49-1003 35 and 49-1006 through 49-1012, Idaho Code, shall be subject to punishment by a 36 fine of not to exceed three hundred dollars ($300) or by imprisonment in the 37 county jail for not more than thirty (30) days or by a combination of such 38 fine and imprisonment. 39 (3) Persons convicted of violations of the provisions of sections 40 49-1001, 49-1002, 49-1004,and 49-1005, Idaho Code, shall be subject to a pen- 41 alty as prescribed herein: 42 (a) One (1) pound through one thousand (1,000) pounds overweight shall be 43 five dollars ($5.00) and shall constitute an infraction. 44 (b) One thousand one (1,001) pounds through two thousand (2,000) pounds 45 overweight shall be fifteen dollars ($15.00) and shall constitute an 46 infraction. 47 (c) Two thousand one (2,001) pounds through four thousand (4,000) pounds 48 overweight shall be twenty-five dollars ($25.00) and shall constitute an 49 infraction. 50 (d) Four thousand one (4,001) pounds through fifteen thousand (15,000) 51 pounds overweight shall be twenty-five dollars ($25.00) plus $.1341 per 52 pound for each additional pound over four thousand (4,000) pounds over- 53 weight. 4 1 (e) Fifteen thousand one (15,001) pounds through twenty thousand (20,000) 2 pounds overweight shall be one thousand five hundred dollars ($1,500) plus 3 twenty cents ($.20) per pound for each additional pound over fifteen thou- 4 sand (15,000) pounds overweight. 5 (f) Twenty thousand one (20,001) pounds and greater shall be two thousand 6 five hundred dollars ($2,500) plus thirty cents ($.30) per pound for each 7 additional pound over twenty thousand (20,000) pounds overweight. 8 (g) In addition to the penalties specified in this subsection, one hun- 9 dred fifty dollars ($150) for failure to deploy a variable load suspension 10 axle which results in adjacent axles exceeding allowable weight by two 11 thousand one (2,001) pounds or more. 12 (4) Persons convicted ofor receivingan infractionjudgmentor misde- 13 meanor for violating two (2) or more of the provisions of section 49-1001, 14 49-1002 or 49-1004, Idaho Code, at any one (1) time shall be assessed the full 15 amount of the penalty for the primary violation. In addition to the assessment 16 of the penalty for the primary violation, the person convicted ofor receiving17 an infractionjudgmentor misdemeanor shall be assessed a penalty of ten dol- 18 lars ($10.00) for each additional misdemeanor conviction or five dollars 19 ($5.00) for each additional infractionjudgmentfor violations of section 20 49-1001, 49-1002 or 49-1004, Idaho Code, committed at the same time. 21 (5) All moneys collected as a result of the penalties prescribed in sub- 22 sections (3) and (4) of this section, shall be deposited into the highway dis- 23 tribution account. 24 SECTION 4. This act shall be in full force and effect on and after July 25 1, 2000.
AH0385
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Pischner
Seconded by Kempton
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 385
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 20, delete "or cloth" and insert:
3 "or cloth"; and in line 21, delete "entire area" and insert: "entire area
4 flag".
5 AMENDMENT TO SECTION 2
6 On page 2, in line 7, delete "or cloth".
STATEMENT OF PURPOSE
RS09330C1
This legislation would be two fold and accomplish the following
changes:
First, change the flag size requirement from 16" x 16" to a
minimum of 12" x 12" in Section 49-913, Idaho Code, for projecting
loads and in Section 49-1010(1)(c), Idaho Code, for a farm tractor
of implement of husbandry. This change would make Idaho's flag size
requirements uniform with federal requirements.
Second, amend Section 49-1013, Idaho Code, pertaining to
citations issued for violations of truck weights or failure to deploy
variable load suspension (VLS) axles and to change the words
"convicted of or receiving an infraction judgment" to "convicted of
an infraction or misdemeanor." The phrase "receiving an infraction"
does not allow the judiciary to recognize a misdemeanor citation and
causes ambiguity in administering the penalty. The words "or
misdemeanor" have been added after "infraction" to clarify that this
code section provides two levels of penalties depending on the
seriousness of the violation.
FISCAL IMPACT:
No fiscal impact on the department or industry.
CONTACT
Name: Alan Frew, Manager, Port of Entry
Agency: Idaho Transportation Department, Motor Vehicle Division
Phone: 334-8694
Statement of Purpose/Fiscal Impact H0385