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S1464aa...................................................by TRANSPORTATION
COMMERCIAL VEHICLES - Adds to existing law to provide civil penalties when
a driver of a commercial vehicle that has five or more axles exceeds the
speed limit by five miles per hour or more on a highway or road with a
posted speed limit of sixty-five miles per hour or more.
02/18 Senate intro - 1st rdg - to printing
02/21 Rpt prt - to Transp
02/25 Rpt out - to 14th Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/03 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 23-7-5
AYES--Boatright, Bunderson, Danielson, Darrington, Deide, Dunklin,
Frasure, Ingram, Ipsen, Keough, Lee, Noh, Parry, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stennett, Walton/Branch,
Whitworth, Williams
NAYS--Burtenshaw, Cameron, Crow, Davis, Geddes, Hawkins, Wheeler
Absent and excused--Andreason, King-Barrutia, McLaughlin, Stegner,
Thorne
Floor Sponsor - Sandy
Title apvd - to House
03/10 House intro - 1st rdg as amen - to Transp
S1464
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1464, As Amended
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO EXCEEDING THE SPEED LIMIT; AMENDING CHAPTER 6, TITLE 49, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 49-654A, IDAHO CODE, TO PROVIDE FOR
4 CIVIL PENALTIES WHEN A MOTOR VEHICLE THAT HAS FIVE OR MORE AXLES EXCEEDS
5 THE POSTED SPEED LIMIT BY FIVE MILES PER HOUR OR MORE ON A HIGHWAY OR ROAD
6 WITH A POSTED SPEED LIMIT OF SIXTY-FIVE MILES PER HOUR OR MORE AND TO PRO-
7 VIDE FOR DISTRIBUTION OF PENALTIES; AND AMENDING SECTION 49-654, IDAHO
8 CODE, TO DELETE LANGUAGE REFERRING TO THE GROSS WEIGHT OF VEHICLES WITH
9 FIVE OR MORE AXLES TRAVELING ON INTERSTATE HIGHWAYS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 6, Title 49, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 49-654A, Idaho Code, and to read as follows:
14 49-654A. CERTAIN MOTOR VEHICLES EXCEEDING THE POSTED SPEED LIMIT BY FIVE
15 MILES PER HOUR OR MORE. Whenever the driver of a motor vehicle, that has five
16 (5) or more axles, exceeds the posted speed limit by five (5) miles per hour
17 or more on a highway or road with a posted speed limit of sixty-five (65)
18 miles per hour or more, he shall be liable in addition to any criminal or
19 infraction penalties, for a civil penalty and shall be punished by a civil
20 penalty of twenty-five dollars ($25.00) per mile per hour in excess of the
21 posted speed limit that the driver was driving. Moneys collected pursuant to
22 this section shall be distributed pursuant to section 19-4705, Idaho Code.
23 SECTION 2. That Section 49-654, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 49-654. BASIC RULE AND MAXIMUM SPEED LIMITS. (1) No person shall drive a
26 vehicle at a speed greater than is reasonable and prudent under the conditions
27 and having regard to the actual and potential hazards then existing. Consis-
28 tent with the foregoing, every person shall drive at a safe and appropriate
29 speed when approaching and crossing an intersection or railroad grade cross-
30 ing, when approaching and going around a curve, when approaching a hillcrest,
31 when traveling upon any narrow or winding highway, and when special hazards
32 exist with respect to pedestrians or other traffic or by reason of weather or
33 highway conditions.
34 (2) Where no special hazard or condition exists that requires lower speed
35 for compliance with subsection (1) of this section the limits as hereinafter
36 authorized shall be maximum lawful speeds, and no person shall drive a vehicle
37 at a speed in excess of the maximum limits:
38 (a) Thirty-five (35) miles per hour or a lesser maximum speed adopted
39 pursuant to section 49-207(2)(a), Idaho Code, in any residential, business
40 or urban district;
41 (b) Thirty-five (35) miles per hour in any urban district;
2
1 (c) Seventy-five (75) miles per hour on interstate highways;
2 (d) Sixty-five (65) miles per hour on state highways;
3 (e) Fifty-five (55) miles per hour in other locations unless otherwise
4 posted up to a maximum of sixty-five (65) miles per hour.
5 (3) The maximum lawful speed limit on interstate highways shall not
6 exceed sixty-five (65) miles per hour for vehicles with five (5) or more
7 axles. operating at a gross weight of more than twenty-six thousand (26,000)
8 pounds.
AS1464
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Sandy
Seconded by Frasure
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1464
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 12, following "LIMIT" insert: "BY
3 FIVE MILES PER HOUR OR MORE"; and in line 14, following the first "limit"
4 insert: "by five (5) miles per hour or more".
5 AMENDMENT TO THE BILL
6 On page 1, following line 20, insert:
7 "SECTION 2. That Section 49-654, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-654. BASIC RULE AND MAXIMUM SPEED LIMITS. (1) No person shall drive a
10 vehicle at a speed greater than is reasonable and prudent under the conditions
11 and having regard to the actual and potential hazards then existing. Consis-
12 tent with the foregoing, every person shall drive at a safe and appropriate
13 speed when approaching and crossing an intersection or railroad grade cross-
14 ing, when approaching and going around a curve, when approaching a hillcrest,
15 when traveling upon any narrow or winding highway, and when special hazards
16 exist with respect to pedestrians or other traffic or by reason of weather or
17 highway conditions.
18 (2) Where no special hazard or condition exists that requires lower speed
19 for compliance with subsection (1) of this section the limits as hereinafter
20 authorized shall be maximum lawful speeds, and no person shall drive a vehicle
21 at a speed in excess of the maximum limits:
22 (a) Thirty-five (35) miles per hour or a lesser maximum speed adopted
23 pursuant to section 49-207(2)(a), Idaho Code, in any residential, business
24 or urban district;
25 (b) Thirty-five (35) miles per hour in any urban district;
26 (c) Seventy-five (75) miles per hour on interstate highways;
27 (d) Sixty-five (65) miles per hour on state highways;
28 (e) Fifty-five (55) miles per hour in other locations unless otherwise
29 posted up to a maximum of sixty-five (65) miles per hour.
30 (3) The maximum lawful speed limit on interstate highways shall not
31 exceed sixty-five (65) miles per hour for vehicles with five (5) or more
32 axles. operating at a gross weight of more than twenty-six thousand (26,000)
33 pounds. ".
34 CORRECTION TO TITLE
35 On page 1, in line 5, following the first "LIMIT" insert: "BY FIVE MILES
36 PER HOUR OR MORE"; and in line 7, following "ALTIES" insert: "; AND AMENDING
37 SECTION 49-654, IDAHO CODE, TO DELETE LANGUAGE REFERRING TO THE GROSS WEIGHT
38 OF VEHICLES WITH FIVE OR MORE AXLES TRAVELING ON INTERSTATE HIGHWAYS".
STATEMENT OF PURPOSE
RS9746C1
The purpose of this proposed legislation is to provide for civil penalties when a
motor vehicle that has five or more axles exceeds the posted speed limit on a
highway or road with a posted speed limit of sixty-five miles per hour or more
and to provide for distribution of penalties.
FISCAL NOTE
The proposed legislation should not impose any new or increased fiscal impact.
Contacts: Senator John Sandy
Phone: (208) 332-1305
STATEMENT OF PURPOSE/FISCAL IMPACT STATEMENT S 1464