2000 Legislation
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HOUSE BILL NO. 561 – Motorcycle/ATV, registration

HOUSE BILL NO. 561

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H0561.........................................by TRANSPORTATION AND DEFENSE
MOTORCYCLES - ALL-TERRAIN VEHICLES - Amends existing law to provide an
exemption from the requirement to obtain a motorcycle endorsement when
operating motorcycles on 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.
                                                                        
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 54-11-5
      AYES -- Alltus, Barraclough, Barrett, Bieter, Bruneel, Callister,
      Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29),
      Henbest, Hornbeck, Judd, Kellogg, Kempton, Kendell, Linford,
      Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moss,
      Moyle, Pearce, Pischner, Pomeroy, Ridinger, Ringo, Sali, Sellman,
      Shepherd, Smylie, Stevenson, Stone, Taylor, Tilman, Trail, Wheeler,
      Wood, Zimmermann, Mr Speaker
      NAYS -- Bell, Boe, Campbell, Chase, Gould, Jaquet, Lake, Marley,
      Robison, Smith, Stoicheff
      Absent and excused -- Black, Jones, Kunz, Reynolds, Schaefer
    Floor Sponsor - Alltus
    Title apvd - to Senate
02/29    Senate intro - 1st rdg - to Transp
03/24    Rpt out - rec d/p - to 2nd rdg
03/27    2nd rdg - to 3rd rdg
04/04    3rd rdg - PASSED - 28-5-2
      AYES--Andreason, Bunderson, Burtenshaw, Cameron, Crow, Darrington,
      Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, Lee,
      McLaughlin, Parry, Richardson, Riggs, Risch, Sandy, Schroeder,
      Sorensen, Stegner, Thorne, Walton, Wheeler, Williams
      NAYS--Boatright, King-Barrutia, Noh, Stennett, Whitworth
      Absent and excused--Danielson, Davis
    Floor Sponsor - Frasure
    Title apvd - to House
04/04    To enrol - rpt enrol - Sp signed
04/05    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 315
         Effective: 07/01/00

Bill Text


 H0561
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 561
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  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 SPECIALLY  DESIGNATED
  5        HIGHWAYS  ON  PUBLIC LAND; AMENDING SECTION 49-402, IDAHO CODE, TO REQUIRE
  6        REGISTRATION FEES FOR MOTORCYCLES OPERATED  ON  PUBLIC  HIGHWAYS  AND  FOR
  7        MOTORCYCLES  AND ALL-TERRAIN VEHICLES OPERATED OFF THE PUBLIC HIGHWAYS AND
  8        TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-426,  IDAHO  CODE,  TO
  9        PROVIDE  EXEMPTIONS  FROM  OPERATING  FEES FOR MOTORCYCLES AND ALL-TERRAIN
 10        VEHICLES USED ON UNPAVED HIGHWAYS AND  SPECIALLY  DESIGNATED  HIGHWAYS  ON
 11        PUBLIC LAND, TO PROVIDE FOR APPLICATION OF CERTAIN CRIMINAL LAWS AND MOTOR
 12        VEHICLE  LAWS,  TO  PROVIDE  THAT  POLITICAL SUBDIVISIONS OF THE STATE MAY
 13        ADOPT ORDINANCES DESIGNATING CERTAIN HIGHWAYS UPON WHICH UNREGISTERED ALL-
 14        TERRAIN VEHICLES AND MOTORCYCLES MAY BE OPERATED AND TO PROVIDE THAT COSTS
 15        RELATING TO POSTING OF SIGNS ARE ELIGIBLE FOR  REIMBURSEMENT  THROUGH  THE
 16        MOTORBIKE RECREATION ACCOUNT; AND AMENDING SECTION 67-7122, IDAHO CODE, TO
 17        PROVIDE  FOR  REGISTRATION OF ALL-TERRAIN VEHICLES OR MOTORCYCLES USED OFF
 18        HIGHWAYS OR ON SPECIALLY DESIGNATED HIGHWAYS, TO PROVIDE AN EXEMPTION,  TO
 19        PROVIDE A REFERENCE TO MOTORBIKE/ATV REGISTRATION STICKERS, TO PROVIDE THE
 20        EFFECTIVE  PERIOD  OF THE REGISTRATION  STICKERS, TO PROVIDE REFERENCES TO
 21        ALL-TERRAIN VEHICLES AND MOTORBIKES, TO PROVIDE AN EXEMPTION FROM STANDARD
 22        MOTOR VEHICLE REGISTRATION FOR ALL-TERRAIN VEHICLES AND MOTORBIKES USED ON
 23        CERTAIN HIGHWAYS AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 24    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 25        SECTION 1.  That Section 49-302, Idaho Code, be, and the  same  is  hereby
 26    amended to read as follows:
                                                                        
 27        49-302.  WHAT  PERSONS  ARE EXEMPT FROM LICENSE. The following persons are
 28    exempt from licensing if driving  privileges  are  not  suspended,  cancelled,
 29    revoked, disqualified, denied or refused:
 30        (1)  Any  person  while driving or operating any farm tractor or implement
 31    of husbandry when incidentally operated on a highway.
 32        (2)  Farmers are exempt from obtaining a class A, B or C driver's  license
 33    to operate a commercial motor vehicle which is:
 34        (a)  Controlled and operated by a farmer, including operation by employees
 35        or family members; and
 36        (b)  Used  to transport either agricultural products, farm machinery, farm
 37        supplies, or both, to or from a farm; and
 38        (c)  Not used in the operations of a common or contract motor carrier; and
 39        (d)  Used within one hundred fifty (150) miles of the person's farm.
 40        (3)  Any person is exempt from obtaining  a  class  A,  B  or  C  driver's
 41    license  for the operation of commercial motor vehicles which are necessary to
 42    the preservation of life or property or the execution of emergency  governmen-
 43    tal  functions, are equipped with audible and visual signals, and are not sub-
                                                                        
                                           2
                                                                        
  1    ject to normal traffic regulations.
  2        (4)  Any person is exempt from obtaining a class A,  B  or  C  license  to
  3    operate  a  commercial vehicle which is exclusively used to transport personal
  4    possessions or family members for nonbusiness or recreational purposes.
  5        (5)  A nonresident who is at least fifteen (15) years of age and  who  has
  6    in his immediate possession a valid driver's license issued to him in his home
  7    state or country may operate a motor vehicle in Idaho only as a class D opera-
  8    tor  with  driving privileges restricted to daylight hours only, and with full
  9    privileges at sixteen (16) years of age, and only if Idaho  residency  is  not
 10    established.
 11        (6)  A  nonresident  who is at least fifteen (15) years of age and who has
 12    in his possession a valid driver's license with a  motorcycle  endorsement  or
 13    who has a valid motorcycle driver's license issued to him in his home state or
 14    country  may  operate a motorcycle in Idaho with driving privileges restricted
 15    to daylight hours only, and with full privileges at sixteen (16) years of age.
 16        (7)  A nonresident who has in his immediate possession a valid  commercial
 17    driver's  license  issued  to  him  in his home state or country may operate a
 18    motor vehicle in Idaho.
 19        (8)  A nonresident on active duty in the armed forces of the United States
 20    who has a valid driver's license issued by his  home  jurisdiction,  and  such
 21    nonresident's  spouse  or  dependent  son or daughter who has a valid driver's
 22    license issued by such person's home jurisdiction.
 23        (9)  Any active duty military personnel, active duty U.S. coast guard per-
 24    sonnel, and members of the reserves and national guard on active duty  includ-
 25    ing  personnel on full-time national guard duty, personnel on part-time train-
 26    ing and national guard military technicians who as civilians are  required  to
 27    wear  military  uniforms  and are subject to the code of military justice, are
 28    exempt from obtaining a commercial driver's license to operate military  vehi-
 29    cles. This exemption does not apply to U.S. reserve technicians.
 30        (10) Any  person  with  a  valid  driver's license issued in their name is
 31    exempt from the requirement to obtain a motorcycle endorsement on the  license
 32    when operating a motorcycle on highways or sections of highways designated for
 33    unregistered motorcycle use under section 49-426(3), Idaho Code.
                                                                        
 34        SECTION  2.  That  Section  49-402, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        49-402.  ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
 37    truck and each other motor vehicle having a maximum gross weight not in excess
 38    of eight thousand (8,000) pounds shall be:
 39        Vehicles one (1) and two (2) years old ............................ $48.00
 40        Vehicles three (3) and four (4) years old ......................... $36.00
 41        Vehicles five (5) and six (6) years old ........................... $36.00
 42        Vehicles seven (7) and eight (8) years old ........................ $24.00
 43        Vehicles over eight (8) years old ................................. $24.00
 44        There shall be twelve (12) registration periods, starting in  January  for
 45    holders of validation registration stickers numbered 1, and proceeding consec-
 46    utively  through December for holders of validation registration stickers num-
 47    bered 12, each of which shall start on the first day of a calendar  month  and
 48    end  on  the last day of the twelfth month from the first day of the beginning
 49    month. Registration periods shall expire midnight on the last day  of the reg-
 50    istration period  in  the  year  designated  by  the  validation  registration
 51    sticker.  The  numeral digit on the validation registration stickers shall, as
 52    does the registration card, fix the registration period  under  the  staggered
 53    plate  system of Idaho for the purpose of reregistration and notice of expira-
                                                                        
                                           3
                                                                        
  1    tion.
  2        A vehicle that has once been registered for any of  the  above  designated
  3    periods  shall,  upon reregistration, be registered for the period bearing the
  4    same number, and the registration card shall show and be the  exclusive  proof
  5    of  the  expiration  date  of registration and licensing. Vehicles may be ini-
  6    tially registered for less than a twelve (12) month period, or for more than a
  7    twelve (12) month period, and the fee prorated on a monthly basis if the frac-
  8    tional registration tends to fulfill the purpose of the monthly series  regis-
  9    tration system.
 10        (2)  For  all motorcycles and  all-terrain vehicles operated upon the pub-
 11    lic highways the annual fee shall be nine dollars ($9.00). For operation of an
 12    ATV all-terrain vehicle or motorcycle off the public highways, the fee  speci-
 13    fied  in  section 67-7122, Idaho Code, shall also be paid. Registration exemp-
 14    tions provided in section 49-426(2) and (3), Idaho Code, apply to  all-terrain
 15    vehicles  and  motorcycles used for the purposes described in that subsections
 16    (2) and (3) of section 49-426, Idaho Code.
 17        (3)  For all motor homes the fee shall be as specified in  subsection  (1)
 18    of  this  section and shall be in addition to the fees provided for in section
 19    49-445, Idaho Code.
 20        (4)  Registration fees shall not be subject to refund.
 21        (5)  A financial institution  or  repossession  service  contracted  to  a
 22    financial  institution  repossessing  vehicles  under  the terms of a security
 23    agreement shall move the vehicle from the place of repossession to the  finan-
 24    cial institution's place of business on a repossession plate. The repossession
 25    plate  shall  also be used for demonstrating the vehicle to a prospective pur-
 26    chaser for a period not to exceed ninety-six (96) hours. The registration fees
 27    for repossession plates shall be as required in subsection (1) of this section
 28    for a vehicle one (1) and two (2) years old. All  other  fees  required  under
 29    chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
 30    The repossession plate shall be issued on an annual basis by the department.
 31        (6)  In  addition  to  the  annual registration fee in this section, there
 32    shall be an initial program fee of twenty-five dollars ($25.00) and an  annual
 33    program fee of fifteen dollars ($15.00) for all special license plate programs
 34    for  those license plates issued pursuant to sections 49-404A, 49-407, 49-408,
 35    49-409, 49-414, 49-416 and 49-418, Idaho Code. For special plates issued  pur-
 36    suant  to  sections  49-406 and 49-406A, Idaho Code, there shall be an initial
 37    program fee of twenty-five dollars ($25.00)  but  there  shall  be  no  annual
 38    renewal  fee.  For special plates issued pursuant to sections 49-417, 49-417A,
 39    49-417B, 49-418A, 49-419, 49-419A and 49-420, Idaho Code, there  shall  be  an
 40    initial  program fee of thirty-five dollars ($35.00) and an annual program fee
 41    of twenty-five dollars ($25.00). For special plates issued pursuant to section
 42    49-418A, Idaho Code, the initial program fee and the annual renewal fee  shall
 43    be  fifty  dollars  ($50.00).  The  fees contained in this subsection shall be
 44    applicable to all new special plate programs. The initial program fee and  the
 45    annual program fee shall be deposited as specified by law for each program.
                                                                        
 46        SECTION  3.  That  Section  49-426, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
 48        49-426.  EXEMPTIONS FROM OPERATING FEES. The provisions  of  this  chapter
 49    with respect to operating fees shall not apply to:
 50        (1)  Motor  vehicles  owned  or  leased by the United States, the state, a
 51    city, a county, any department thereof, any political subdivision or municipal
 52    corporation of the state, any taxing district of the state, any  state  regis-
 53    tered  nonprofit  subscription  fire  protection  unit,  or  any organization,
                                                                        
                                           4
                                                                        
  1    whether incorporated or unincorporated, organized for the  operation,  mainte-
  2    nance, or management of an irrigation project or irrigation works or system or
  3    for  the  purpose  of  furnishing water to its members or shareholders, but in
  4    other respects shall be applicable.
  5        (2)  Farm tractors, implements  of  husbandry,  those  manufactured  homes
  6    which  qualify  for an exemption under the provisions of section 49-422, Idaho
  7    Code, road rollers, wheel mounted tar buckets, portable concrete and/or mortar
  8    mixers, wheel mounted compressors,  tow  dollies,  portable  toilet  trailers,
  9    street sweepers, and similar devices as determined by the department which are
 10    temporarily  operated  or moved upon the highways need not be registered under
 11    the provisions of this chapter, nor shall implements of husbandry  be  consid-
 12    ered towed units under registration of vehicle combinations as defined in sec-
 13    tion  49-108(2),  Idaho  Code. In addition, self-propelled wheelchairs, three-
 14    wheeled  bicycles,  wheelchair  conveyances,  golf  carts,  lawn  mowers,  and
 15    scooters operated by persons who by reason of physical disability  are  other-
 16    wise  unable  to  move  about as pedestrians shall be exempt from registration
 17    requirements under the provisions of this chapter. Motorcycles and all-terrain
 18    vehicles, as  defined in section 67-7101, Idaho Code, need not  be  registered
 19    under the provisions of this chapter while if they are:
 20        (a)  Bbeing  used  exclusively  in connection with agricultural, horticul-
 21        tural, dairy and livestock growing and feeding operations or  used  exclu-
 22        sively for snow removal purposes. Travel upon the public highways shall be
 23        limited  to  travel  between farm or ranch locations. Motorcycles and all-
 24        terrain vehicles used for this purpose shall meet the requirements of sec-
 25        tion 49-619, Idaho Code; or
 26        (b)  Used exclusively on unpaved highways located on state public lands or
 27        federal public lands which are not part of the highway system of the state
 28        of Idaho, a county, highway district or city,  provided  the  registration
 29        requirements of section 49-402 or section 67-7122, Idaho Code, are met.
 30        (3)  Any  political  subdivision of the state of Idaho may, but only after
 31    sufficient public notice is given and a public hearing held, adopt local ordi-
 32    nances designating highways or sections of  highways  under  its  jurisdiction
 33    upon  which unregistered all-terrain vehicles and motorcycles may be operated.
 34    No controlled access highways shall be designated under this  subsection.  The
 35    requirements  of  title  18  and chapters 6, 8, 12, 13 and 14, title 49, Idaho
 36    Code, shall apply to the operation of any  unregistered  motorcycle  and  all-
 37    terrain vehicle upon such designated highways. Costs related to the posting of
 38    signs on such designated highways or sections of highways indicating the ordi-
 39    nance  are eligible for reimbursement through the motorbike recreation account
 40    created in section 67-7126, Idaho Code.
                                                                        
 41        SECTION 4.  That Section 67-7122, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:
                                                                        
 43        67-7122.  REQUIREMENTS  -- REGISTRATION -- PROCEDURE. (1) Commencing Janu-
 44    ary 1, 1987 and oOn or before January 1 of each subsequent year, the owner  of
 45    any  all-terrain  vehicle  or  motorbike  as defined in section 67-7101, Idaho
 46    Code, used off public highways or on highways designated as prescribed in sec-
 47    tion 49-426(3), Idaho Code, but excluding those vehicles used  exclusively  on
 48    private  land  for  agricultural use or used exclusively for snow removal pur-
 49    poses, shall register that vehicle at any vendor authorized by the department.
 50    A fee of ten dollars ($10.00) shall be charged for  each  registration,  which
 51    fee  includes  a  one dollar and fifty cent ($1.50) vendor fee. At the time of
 52    sale from any dealer, each motorbike or all-terrain vehicle sold to  an  Idaho
 53    resident,  but excluding those vehicles to be used exclusively on private land
                                                                        
                                           5
                                                                        
  1    for agricultural use or used exclusively for snow removal  purposes,  must  be
  2    registered  before  it  leaves  the  premises. Application blanks and stickers
  3    shall be supplied by the department and  the  registration  sticker  shall  be
  4    issued  to  the person making application for registration. The vendor issuing
  5    the registration sticker shall, upon receipt of the  application  in  approved
  6    form,  issue to the applicant an off-highway vehicle motorbike/ATV sticker and
  7    shall note the number of the sticker in his records and shall supply a  dupli-
  8    cate copy of the application form, noting the number of the sticker issued, to
  9    the  department. All stickers which are issued shall be in force through Janu-
 10    ary 1 December 31 of the following  issued  year.  All  registration  stickers
 11    shall  be  renewed by the owner of the off-highway vehicle all-terrain vehicle
 12    or motorbike in the same manner provided for in the initial  securing  of  the
 13    same.  The  issued  sticker  shall be placed upon the off-highway vehicle all-
 14    terrain vehicle or motorbike in such a manner that it  is  completely  visible
 15    and shall be kept in a legible condition at all times.
 16        (2)  For  operation  of  an all-terrain vehicle or motorbike on the public
 17    highways, the vehicle shall also be registered pursuant to the  provisions  of
 18    section  49-402,  Idaho  Code,  except  for  those highways defined in section
 19    49-426, Idaho Code.

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       09816C1
                           
          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 lands 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. 
     
     
                    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:  Rep. ALLTUS 
          Jim Poulsen- Department of Parks and Recreation 
     
     Phone: 208/332-1000 
          208/334-4180 ext. 235 
     
     STATEMENT OF PURPOSE/FISCAL NOTE                              H 561