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H0715.....................................................by WAYS AND MEANS OPERATING FEES - COMMERCIAL VEHICLES - Amenda existing law to increase use fees for commercial and farm vehicles; and to delete a separate use fee schedule for farm vehicles and certain commercial vehicles. 03/03 House intro - 1st rdg - to printing 03/06 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. 715 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO OPERATING FEES FOR COMMERCIAL, NONCOMMERCIAL AND FARM VEHICLES; 3 AMENDING SECTION 49-434, IDAHO CODE, TO INCREASE USE FEES FOR COMMERCIAL 4 AND FARM VEHICLES, TO DELETE A SEPARATE USE FEE SCHEDULE FOR FARM VEHICLES 5 AND CERTAIN COMMERCIAL VEHICLES AND TO MAKE TECHNICAL CORRECTIONS; AMEND- 6 ING SECTION 49-436, IDAHO CODE, TO PROVIDE CORRECT REFERENCES AND TO MAKE 7 TECHNICAL CORRECTIONS; AMENDING SECTION 49-1004, IDAHO CODE, TO PROVIDE 8 CORRECT REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; DECLARING AN EMER- 9 GENCY AND PROVIDING AN EFFECTIVE DATE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 49-434, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-434. OPERATING FEES. (1) There shall be paid on all commercial vehi- 14 cles, noncommercial vehicles, and on all farm vehicles having a maximum gross 15 weight not in excess of sixty thousand (60,000) pounds, an annual registration 16 fee in accordance with the following schedule. 17 Maximum Gross Weight Anuual Reigstration18 (Pounds) Annual Registration Fee 19 Noncommercial and Commercial 20 Farm Vehicles Vehicles 21 8,001-16,000 inc. .....................$ 31.08 $ 30.60 22 16,001-26,000 inc. ..................... 61.08 143.40 23 26,001-30,000 inc. ..................... 91.68 223.80 24 30,001-40,000 inc. ..................... 130.08 291.60 25 40,001-50,000 inc. ..................... 188.28 360.00 26 50,001-60,000 inc. ..................... 311.88 515.40 27 (2) There shall be paid on all commercial vehicles, irrespective of body 28 type, and on all farm vehicles having a maximum gross weight in excess of 29 sixty thousand (60,000) pounds, an annual registration fee in the amount of 30 one hundred twenty dollars ($120). 31 (3) In addition, the annual registration fee for trailers shall be: 32 (a) Trailer or semitrailer in a combination of vehicles ...........$15.00 33 (b) Rental utility trailer with a gross weight of two thousand (2,000) 34 pounds or less ......................................................$8.00 35 (c) Rental utility trailer with a gross weight over two thousand (2,000) 36 pounds .............................................................$15.00 37 (4) As an option to the trailer and semitrailer annual registration, the 38 department may provide extended registration. 39 (a) For trailers and semitrailers, the optional extended-registration 40 period shall not extend beyond seven (7) years. 41 (b) The fee shall be fifteen dollars ($15.00) for each year. 42 (c) The license plate originally issued shall remain on the trailer or 43 semitrailer until the registration expires. 2 1 (d) The registration document shall be the official record of the status 2 of the extended registration. No pressure-sensitive validation sticker 3 shall be required. 4 (e) For rental utility trailers, the optional registration period shall 5 not extend beyond five (5) years. The fee shall be as specified in subsec- 6 tion (3)(b) or (c) of this section. A pressure-sensitive sticker shall be 7 used to validate the license plate. The license plate shall become void if 8 the owner's interest in the rental utility trailer changes during the five 9 (5) year period. If the owner fails to enter the rental utility trailer on 10 the annual renewal application during the five (5) year period, the regis- 11 tration record shall be purged. Any unrenewed plate shall be returned to 12 the department if it is not entered on the renewal application. 13 (5) A fleet registration option is available to owners who have twenty- 14 five (25) or more commercial or farm vehicles or any combination thereof. Such 15 owners may register all of their company vehicles with the department in lieu 16 of registering with a county assessor. To qualify the fleet must be owned and 17 operated under the unified control of one (1) person and the vehicles must be 18 physically garaged and maintained in two (2) or more counties. Fleet registra- 19 tion shall not include fleets of rental vehicles. The department shall provide 20 a registration application to the owner and the owner shall provide all infor- 21 mation that the department determines is necessary. The department shall 22 devise a special license plate numbering system for fleet-registered vehicles 23 as an alternative to county license plates. The fleet registration application 24 and all subsequent registration renewals shall include the physical address 25 where a vehicle is principally used, garaged and maintained. The fleet owner 26 shall report the physical address to the department upon initial registration, 27 on each renewal, and at any time a vehicle registered under this option is 28 permanently transferred to another location. 29 (6) If the ownership of a vehicle changes during the registration period, 30 the original owner may transfer the plate to another vehicle. The remaining 31 fee shall be credited against the cost of the new registration. No refunds 32 shall be given for any unexpired portion of the vehicle registration fee if 33 the plate is not transferred by the owner to another vehicle. A license plate 34 shall not be transferred to another owner when the ownership of a vehicle 35 changes. The owner shall obtain a replacement plate, validation sticker if 36 required, and a registration document when a plate is lost, destroyed or 37 becomes illegible. 38 (7) An administrative fee of four dollars ($4.00) shall be paid and 39 deposited to the state highway account on all registrations completed by the 40 department under this section. 41 (8) In addition to the registration and license fees provided by subsec- 42 tions (1) and (2) of this section, there shall be paid on all commercial and 43 farm vehicles having a maximum gross weight in excess of sixty thousand 44 (60,000) pounds, a use fee based upon the registered maximum gross weight in 45 accordance with the following schedule. The use fees shall be calculated by 46 multiplying the mills per mile, determined from the mills per mile schedule 47 table, times the reported mileage for the vehicle, subject to the provisions 48 of this section. 49 Maximum Gross 50 Weight of Vehicle Mills per Mile 51 (Pounds) 52 60,001-62,000 30.0536.06 53 62,001-64,000 31.3537.62 54 64,001-66,000 32.6039.12 55 66,001-68,000 33.9040.68 3 1 Maximum Gross 2 Weight of Vehicle Mills per Mile 3 (Pounds) 4 68,001-70,000 35.1542.18 5 70,001-72,000 36.4043.68 6 60,001-62,000 30.057 72,001-74,000 38.5546.26 8 74,001-76,000 40.6548.78 9 76,001-78,000 42.7551.30 10 78,001-80,000 44.9053.88 11 80,001-82,000 47.0056.40 12 82,001-84,000 49.1058.92 13 84,001-86,000 51.2061.44 14 86,001-88,000 53.3063.96 15 88,001-90,000 55.4066.48 16 90,001-92,000 57.5069.00 17 92,001-94,000 59.6071.52 18 94,001-96,000 61.7074.04 19 96,001-98,000 63.8076.56 20 98,001-100,000 65.9079.08 21 100,001-102,000 68.0081.60 22 102,001-104,000 70.1084.12 23 104,001-106,000 72.2086.64 24 For each additional two thousand (2,000) pounds or fraction thereof in excess 25 of one hundred six thousand (106,000) pounds add 2.12.52 mills per mile. 26 (9) In addition to the registration and license fees of this section,27 there shall be paid on all farm vehicles, and any commercial vehicle exclu-28 sively engaged in the transportation of logs, pulp wood, stull, poles, piling,29 rough lumber, ores, ore concentrates, sand and gravel aggregates in bulk,30 livestock and vehicles used for the sole purpose of transporting milk from the31 farm to processing plant, having a maximum gross weight in excess of sixty32 thousand (60,000) pounds, a use fee in accordance with the following schedule.33 The use fees shall be calculated by multiplying the mills per mile, determined34 from the mills per mile schedule table, times the reported mileage for the35 vehicle, subject to the provisions of this section.36 Maximum Gross37 Weight of Vehicle Mills per Mile38 (Pounds)39 60,001-62,000 22.4540 62,001-64,000 22.4541 64,001-66,000 22.4542 66,001-68,000 22.4543 68,001-70,000 22.4544 70,001-72,000 22.4545 72,001-74,000 22.4546 74,001-76,000 22.4547 76,001-78,000 22.4548 78,001-80,000 22.4549 80,001-82,000 24.5550 82,001-84,000 26.6551 84,001-86,000 28.7552 86,001-88,000 30.8553 60,001-62,000 22.4554 88,001-90,000 32.9555 90,001-92,000 35.054 1 Maximum Gross2 Weight of Vehicle Mills per Mile3 (Pounds)4 92,001-94,000 37.155 94,001-96,000 39.256 96,001-98,000 41.357 98,001-100,000 43.458 100,001-102,000 45.559 102,001-104,000 47.6510 104,001-106,000 49.7511 For each additional two thousand (2,000) pounds or fraction thereof in excess12 of one hundred six thousand (106,000) pounds add 2.1 mills per mile.13 (10)If any vehicle, or combinations of vehicles move on the highways of 14 the state, and the vehicle or combination exceeds its registered maximum gross 15 weight there shall be paid for that vehicle, the fees provided for in either16 subsection (8) or (9)of this section, as applicable,for the actual gross 17 weight of the vehicle or combination of vehicles for the miles traveled at the 18 heavier weight. 19 (1 10) If any vehicle or combinations of vehicles haul nonreducible loads, 20 as authorized under the provisions of section 49-1004, Idaho Code, and weigh 21 less than the starting weights per axle configuration listed in column 1 of 22 subsection (2), section 49-1004, Idaho Code, then and in that event there 23 shall be paid for that vehicle, in addition to the other fees required in this 24 section, an additional use fee of 2.1 mills per mile for each two thousand 25 (2,000) pounds or fraction thereof of the maximum gross weight in excess of 26 those set forth in section 49-1001, Idaho Code. 27 (1 21) Any owner operating vehicle combinations may apply to the department 28 for authority to report multiple weights and pay use fees based upon the maxi- 29 mum gross weight of each configuration in the combination being operated. The 30 owner shall declare a maximum gross weight for each configuration being oper- 31 ated but not more than three (3) maximum gross weights for a vehicle combina- 32 tion may be declared. Any owner who receives authority to report and pay use 33 fees at multiple maximum gross weights shall register the motor vehicle in a 34 combination at the highest maximum gross weight of the vehicle. Any owner who 35 reports vehicle combinations at multiple weights and fails to maintain records 36 and furnish said records to the department upon request which show the config- 37 uration of the combination of vehicles and the trailer and unit number for all 38 miles and trip segments traveled shall have all miles assessed at the highest 39 maximum gross weight of the combination of vehicles. 40 (1 32) An applicant for registration of a commercial vehicle, a noncommer- 41 cial vehicle or a farm vehicle shall set forth the maximum gross weight of the 42 vehicle or combination of vehicles and the applicant shall pay any annual reg- 43 istration fees and any annual license fees on trailers and semitrailers 44 required at the time he makes application for registration subject to the pro- 45 visions of subsections (1), (2), (3) and (4) of this section. No part of the 46 registration or license fees shall be subject to refund. The use fee payment 47 required shall be computed according to the schedule in eithersubsection (8) 48 or (9)of this section on the mileage operated over the highways of the state 49 of Idaho and the owner of any vehicle against which a use fee is assessed, 50 shall at the time of making his next quarterly report pay the use fee, if any, 51 for the three (3) calendar months immediately prior. In determining the mile- 52 age subject to the use fee, there shall be deducted the miles traveled on 53 roadways maintained with private funds by agreement with the public agency or 54 agencies having jurisdiction over them. In no event shall the total money 55 credited to the owner for the mileage exceed the actual cost of maintenance 5 1 expended by him. 2 (1 43) Any owner who operates or intends to operate non-Idaho based vehi- 3 cles in Idaho that are subject to the use fee required under the provisions 4 of this section shall apply for a use fee account before operating the vehi- 5 cles in Idaho. In lieu of establishing a use fee account the owner may pur- 6 chase a trip permit under the provisions of section 49-432 or 49-433, Idaho 7 Code, as applicable. The department shall develop rules to administer the use 8 fee account. Any owner who has not established a use fee account or has not 9 purchased a trip permit prior to operating in Idaho shall have committed an 10 infraction. 11 SECTION 2. That Section 49-436, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-436. QUARTERLY REPORTS -- MAINTAINING RECORDS -- PENALTIES -- DEPOSIT 14 OR BOND TO SECURE PAYMENT OF FEES -- APPEAL. (1) Not later than the last day 15 of April, and on the last day of each third calendar month thereafter, each 16 owner of a commercial or farm vehicle having a maximum combined gross weight 17 in excess of sixty thousand (60,000) pounds, shall file with the department a 18 statement of the gross miles each vehicle has traveled over the highways of 19 the state of Idaho for the preceding calendar months of the year for which 20 that report is made. Each report shall be cumulative of all miles traveled 21 during all calendar months in that year for which the report is made. 22 (2) Every owner whose fees are computed as specified in section 49-434, 23 Idaho Code, shall maintain records and permit the department to inspect the 24 records upon request to substantiate the following: 25 (a) The actual miles traveled over Idaho highways. 26 (b) Identification of the commodities hauled if using the schedule in27 section 49-434(9), Idaho Code.28 (c)Reporting at multiple weights pursuant to section 49-434, Idaho Code. 29 ( dc) If an owner registers a vehicle or combination of vehicles at a 30 weight in excess of sixty thousand (60,000) pounds and the registered max- 31 imum gross weight is less than the weight allowable under the provisions 32 of section 49-1001, Idaho Code, for that vehicle or combination of vehi- 33 cles, then the owner must maintain and provide to the department on demand 34 records of the vehicle or combination of vehicles actual gross weight and 35 the configuration of the combination of vehicles for all miles traveled. 36 If the owner fails to maintain and produce such records then all miles for 37 the vehicle or combination of vehicles will be assessed at the highest 38 weight the vehicle or combination of vehicles could legally operate pursu- 39 ant to section 49-1001, Idaho Code. If an owner registers a vehicle or 40 combination of vehicles at a weight in excess of sixty thousand (60,000) 41 pounds and the registered maximum gross weight is equal to or exceeds the 42 weight allowable under the provisions of section 49-1001, Idaho Code, for 43 that vehicle or combination of vehicles then the owner is not required to 44 maintain actual gross weight records of the vehicle or combination of 45 vehicles. Owners may voluntarily report quarterly the weight hauled in 46 excess of registered maximum gross weight and may pay use fees for such 47 voluntarily reported weight without penalty. 48 ( ed) Overweight travel authorization fees as set forth in section 49 49-1001, Idaho Code, shall be remitted quarterly. 50 (3) When the records are maintained outside this state by owners engaged 51 in transportation in this state, the owner shall reimburse the department for 52 reasonable expenses incurred by the department in making audits of those 53 records and accounts at the out-of-state location. The owner or the department 6 1 may request that the records be presented at a place within the state desig- 2 nated by the department. The records must be presented by a representative of 3 the owner familiar with the records and who is responsible for the safekeeping 4 of the records. Every owner is required to maintain records for four (4) years 5 from the due date of the quarterly report unless the department and the owner 6 agree in writing to shorten or lengthen the time period. The amount of fees 7 imposed in this chapter shall be assessed within four (4) years after the due 8 date of the quarterly report unless the department and owner agree in writing 9 to lengthen the time period. If an assessment has been made, such fees may be 10 collected by a proceeding in court within a period of three (3) years after 11 the assessment or a final order entered pursuant to subsection (10) of this 12 section. 13 (4) Owners of commercial and farm vehicles using the registration fee 14 schedules in section 49-434(1), Idaho Code, are subject to audit to determine 15 if the proper schedule is being used. If the weight classification being used 16 is found to be understated, the difference between the registration fees paid 17 and the registration fees due will become due and payable. If the vehicles are 18 found to be operating in excess of sixty thousand (60,000) pounds gross 19 weight, the difference between the registration fees paid under section 20 49-434(1), Idaho Code, and the amount that would have been due under the use 21 fee schedule in section 49-434(8), or (9),Idaho Code, will be determined and 22 the balance due, if any, will be collected. If an owner registers a vehicle or 23 combination of vehicles at a weight less than the weight allowable under the 24 provisions of section 49-1001, Idaho Code, for that vehicle or combination of 25 vehicles then the owner must maintain vehicle gross weight records in addition 26 to the mileage records and allow the department to inspect the vehicle gross 27 weight and mileage records. 28 (5) Owners using the use fee schedule sin section 49-434(8), and (9),29 Idaho Code, are subject to audit to determine if the proper use fee schedule 30 and weight classification is being used and if all miles traveled on Idaho 31 highways have been reported. If the operating weight, as determined from cita- 32 tions issued for exceeding weight limitations specified in title 49, Idaho 33 Code, exceeds the registered maximum gross weight, the additional use fees for 34 the miles traveled at the heavier weight, if not already paid, shall become 35 due and payable. 36 (6) An owner who fails to maintain records as required by the provisions 37 of this section may have the registration of all vehicles registered under 38 sections 49-434 and 49-435, Idaho Code, suspended until such time as adequate 39 records as required by the provisions of this section are provided. In the 40 event that the owner does not produce records, the department may make an 41 assessment of fees due based on an estimate of the operation. The department 42 shall promulgate rules specifying the methodology used to determine an assess- 43 ment based on an estimate of the operation. There shall be added to every such 44 estimated assessment a penalty of two percent (2%) per month or fraction 45 thereof after the report was required to be filed or the fee became due up to 46 a maximum penalty of thirty-six percent (36%) of the fee due. Upon payment of 47 the estimated assessment and all other fees due and owing including the rein- 48 statement fee the owner's registration shall be reinstated. 49 (7) An owner who fails to file any reports or pay any fees or penalties 50 due is subject to suspension of their vehicle registrations. An order suspend- 51 ing the vehicle registrations shall be mailed to the owner upon discovery of 52 the deficiency by the department. The suspension shall be lifted if the 53 reports are filed and the payments due are made, along with a reinstatement 54 fee of forty dollars ($40.00) per carrier within fifteen (15) days after 55 receipt of the suspension order. The reinstatement fees shall be deposited to 7 1 the state highway account. The owner shall have the right to appeal the sus- 2 pension by petitioning the department for a hearing within ten (10) days 3 after receipt of the suspension order. If the suspension is set aside the 4 reinstatement fee shall not be due. 5 (8) An owner failing to file a mileage report or pay any fee due within 6 the time required as specified in this section, shall in addition to the 7 amount of the fee pay a penalty of ten percent (10%) of the amount of fee 8 determined to be due, plus the interest of one percent (1%) of the amount of 9 the use fees due for each month or fraction thereof after the report was 10 required to be filed or the fee became due, but the department may remit all 11 or any part of the penalty and interest if satisfied that the delay was excus- 12 able. The department shall promulgate rules specifying when the penalty may be 13 held in abeyance or forgiven. 14 (9) (a) If the department finds it necessary in order to ensure the col- 15 lection of any fees or penalties imposed upon an owner, it may at the time 16 and as a condition of granting a registration or to reinstate a registra- 17 tion require an owner to deposit and keep on deposit with the department a 18 sum equal to the estimated fees computed under the schedule in section 19 49-434, Idaho Code, for a period of not to exceed three (3) months. In 20 determining the necessity for an applicant or owner to maintain a deposit 21 the department shall consider the applicant or owner's financial capabil- 22 ity and responsibility and prior experience, if any, in collecting fees or 23 penalties from the applicant, owner or any person having a substantial 24 interest or control, directly or indirectly, in or over the operations 25 conducted or to be conducted under the registration. 26 (b) The department may accept in lieu of a deposit a bond to secure pay- 27 ment of sums payable by the owner. The total amount of the deposit or bond 28 shall be determined by the department in a manner as it shall deem proper, 29 taking into account the nature and scope of the owner's operations. The 30 amount may be increased or reduced at any time. 31 (c) If an owner ceases to be registered under the provisions of this 32 chapter, the department, upon receipt of all payments due, shall refund to 33 the owner all deposits remaining to the owner's credit and shall release 34 the surety on any bond given under this section. 35 (d) Any applicant or owner required to make a deposit to secure the pay- 36 ment of fees or penalties may by proper petition demand a hearing on the 37 necessity of the deposit or the reasonableness of the amount required. A 38 hearing shall be granted and held within ten (10) days after the demand. 39 The decision of the director shall become final ten (10) days after ser- 40 vice of the order upon the applicant or owner concerned. Notice shall be 41 served personally or by certified mail addressed to the applicant or owner 42 at his address as it appears in the records of the department. An appeal 43 may be taken from any decision of the department as from the decision of 44 the magistrate's division to the district court. 45 (10) An owner wishing to contest an assessment made by the department may 46 within thirty (30) days from receipt of the assessment file an appeal with the 47 department. Upon receipt of an appeal the director or his authorized represen- 48 tative shall schedule an informal conference between the owner and a represen- 49 tative of the department. The informal conference must be conducted within 50 twenty (20) days from the date of receipt of notice of intent to appeal from 51 the owner. The owner and the representative of the department shall reduce all 52 conclusions, agreements and decisions to writing, if an informal conference is 53 held, but attendance at and participation in the informal conference is at the 54 option of the owner. If an informal conference is held, the written report of 55 the results of that conference shall be provided to the director within ten 8 1 (10) days. If the results of the informal conference are not satisfactory to 2 the owner, he may continue with the appeal by informing the director in writ- 3 ing, and the director or his authorized representative shall appoint a hearing 4 officer to conduct a contested case hearing in accordance with chapter 52, 5 title 67, Idaho Code. The hearing officer may subpoena witnesses and evidence 6 and administer oaths. The hearing officer shall prepare written findings of 7 fact and conclusions of law for the director or his authorized representative. 8 Upon receipt of findings of fact and conclusions of law the director or his 9 authorized representative shall issue a final order affirming, modifying or 10 reversing the original assessment. All final orders rendered by the director 11 or his authorized representative shall be appealable in accordance with chap- 12 ter 52, title 67, Idaho Code. 13 SECTION 3. That Section 49-1004, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 49-1004. PERMITS FOR OVERWEIGHT OR OVERSIZE LOADS. (1) Upon application 16 in writing to the board or other proper authorities in charge of, or having 17 jurisdiction over a highway, the board or authorities may in their discretion 18 issue a special permit to the owner or operator of any vehicle allowing vehi- 19 cles or loads having a greater weight or size than permitted by law to be 20 moved or carried over and on the highways and bridges. 21 (a) Special permits shall be in writing and may limit the time of use and 22 operation over the particular highways and bridges which may be traversed 23 and may contain any special conditions and require any undertaking or 24 other security as the board or other proper authority shall deem to be 25 necessary to protect the highways and bridges from injury, or provide 26 indemnity for any injury to highways and bridges or to persons or property 27 resulting from such operation. 28 (b) The owner or operator of an overweight or oversize vehicle shall 29 obtain a permit, or shall establish intent to obtain a permit by 30 contacting a permit office and receiving a permit number before moving the 31 vehicle on the highways. 32 (c) All special permits or evidence of intent to obtain a permit, shall 33 be carried in the vehicles to which they refer and shall upon demand be 34 delivered for inspection to any peace officer, authorized agent of the 35 board or any officer or employee charged with the care or protection of 36 the highways. 37 (2) Nonreducible vehicles or combinations of vehicles hauling 38 nonreducible loads at weights in excess of those set forth in section 39 49-1001, Idaho Code, shall pay fees as set forth in this subsection (2). Such 40 fees are based on the number of axles on the vehicle or combination of vehi- 41 cles and the total gross weight. 42 Column 1 Column 2 43 Number of axles Gross weight of vehicle Gross weight of vehicle 44 and load in pounds and load in pounds 45 2 40,001 - 46 3 54,001 - 47 4 68,001 - 48 5 80,001 131,001 49 6 97,001 148,001 50 7 114,001 165,001 51 (a) To determine the maximum allowable permit fee for vehicles with more 52 than seven (7) axles, the table can be extended by adding seventeen thou- 53 sand (17,000) pounds to the last listed weight in both columns 1 and 2 for 9 1 each added axle. 2 (b) Permit fees for column 1 shall start at four cents (4) per mile and 3 increase four cents (4) per mile for each additional two thousand (2,000) 4 pound increment up to the weight indicated in column 2. Permit fees for 5 column 2 shall start at one dollar and two cents ($1.02) per mile and 6 increase seven cents (7) per mile for each additional two thousand 7 (2,000) pound increment. 8 (c) Vehicles operating at weights less than the starting weights per axle 9 configuration listed in column 1 shall be charged fees as stated in sec- 10 tion 49-434( 98), Idaho Code. 11 (d) For vehicles operating with axles wider than eight (8) feet six (6) 12 inches or axles with more than four (4) tires per axle, the fee may be 13 reduced by the board or other proper authority having jurisdiction over a 14 highway. 15 (e) From July 1, 1998, through June 30, 1999, the fee charged per mile 16 pursuant to this subsection shall be assessed at one-half (1/2) the calcu- 17 lated fee. On and after July 1, 1999, the fee charged per mile shall be 18 calculated and assessed in accordance with this subsection. 19 (3) It shall be unlawful for any person to violate, or to cause or permit 20 to be violated, the limitations or conditions of special permits and any 21 violation shall be deemed for all purposes to be a violation of the provisions 22 of this chapter. 23 ( 24) A special pilot project route permit authorizing travel on pilot 24 project routes may be issued by the board or a local public highway agency for 25 operation of vehicles with a legal maximum gross weight of at least one hun- 26 dred five thousand five hundred one (105,501) pounds but not exceeding one 27 hundred twenty-nine thousand (129,000) pounds. Such pilot project routes on 28 nonstate and noninterstate highways shall be determined by the local highway 29 agency for those roads under its jurisdiction, based on criteria established 30 by the board. No local public highway agency shall approve a pilot project 31 route which provides a thoroughfare for interstate carriers to pass through 32 the state. State pilot project routes designated by the board based on crite- 33 ria established by the board and identified on a map entitled "Designated 34 Pilot Project Routes" are: 35 (a) Ashton to Kimberly to Twin Falls to Nevada using US-20, US-30, SH-33, 36 US-93, SH-25, SH-50 and SH-74. 37 (b) Interstate 15 to Wyoming or Utah border using US-30, SH-34 and US-91. 38 Additions or deletions to the approved state pilot project routes specified in 39 paragraphs (a) and (b) of this subsection ( 24) shall be made only with the 40 approval of the state legislature. 41 ( 35) An annual administrative permit fee for operating on pilot project 42 routes at the weights specified in subsection ( 24) of this section shall be 43 set by the board for travel on state pilot project routes and by the local 44 public highway agency for travel on routes under its jurisdiction, but not to 45 exceed a maximum of fifty dollars ($50.00) per vehicle. The annual permit 46 shall cover administrative costs. Local public highway agencies are authorized 47 to request the department to issue permits on their behalf. Permit fees for 48 permits issued by the department shall be retained by the department to cover 49 administrative costs. In addition to the annual administrative permit fee and 50 the weight-distance fee for weights up to one hundred five thousand five hun- 51 dred (105,500) pounds, the appropriate weight-distance fee for weights over 52 one hundred five thousand five hundred (105,500) pounds shall be calculated 53 and collected in accordance with the fee schedules set forth in section 54 49-434, Idaho Code. 10 1 SECTION 4. An emergency existing therefor, which emergency is hereby 2 declared to exist, this act shall be in full force and effect on and after 3 April 1, 2000.
STATEMENT OF PURPOSE RS 10237 This legislation adjusts the weight distance formula for truck registration. FISCAL IMPACT This legislation would increase revenue approximately 20% for purposes of funding possible refund obligations. Contact Name: Rep. Roger Chase Phone: 208-332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 715