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S1577......................................................by STATE AFFAIRS
MOTOR VEHICLES - Amends, adds to and repeals existing law to provide a
system of registration only for vehicles weighing in excess of sixty
thousand pounds gross vehicle weight; to establish an American Trucking
Association settlement Fund from which moneys shall be paid to satisfy the
settlement agreement if approved by the court pursuant to the case of the
American Trucking Association v. State of Idaho, et al.; to appropriate
moneys from the Idaho Petroleum Clean Water Trust Fund to the American
Trucking Association Settlement Fund; to provide repayment to the Idaho
Petroleum Clean Water Trust Fund; and to provide legislative intent and
effective dates contingent upon approval of the settlement.
03/20 Senate intro - 1st rdg - to printing
03/21 Rpt prt - to Transp
S1577
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1577
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO REGISTRATION OF MOTOR VEHICLES WEIGHING IN EXCESS OF SIXTY THOU-
3 SAND POUNDS GROSS VEHICLE WEIGHT; AMENDING CHAPTER 7, TITLE 40, IDAHO
4 CODE, BY THE ADDITION OF A NEW SECTION 40-710, IDAHO CODE, TO ESTABLISH
5 THE AMERICAN TRUCKING ASSOCIATION SETTLEMENT FUND; AMENDING SECTION
6 49-110, IDAHO CODE, TO DEFINE "INTERNATIONAL REGISTRATION PLAN"; AMENDING
7 SECTION 49-114, IDAHO CODE, TO DELETE REFERENCE TO USE FEE; AMENDING SEC-
8 TION 49-122, IDAHO CODE, TO DELETE THE DEFINITION OF "USE FEE" AND TO MAKE
9 TECHNICAL CORRECTIONS; REPEALING SECTION 49-201A, IDAHO CODE; AMENDING
10 SECTION 49-202, IDAHO CODE, TO DELETE REFERENCE TO A REPEALED LAW, TO
11 DELETE REFERENCE TO USE FEE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
12 SECTION 49-434, IDAHO CODE, TO CLARIFY PAYMENT OF THE ADMINISTRATIVE FEE,
13 TO REVISE THE REGISTRATION SCHEDULE FOR VEHICLES WEIGHING IN EXCESS OF
14 SIXTY THOUSAND POUNDS GROSS VEHICLE WEIGHT, TO CLARIFY REGISTRATIONS FOR
15 VEHICLES WHICH ARE REGISTERED UNDER THE INTERNATIONAL REGISTRATION PLAN,
16 TO CLARIFY REGISTRATIONS FOR VEHICLES WHICH ARE NOT REGISTERED UNDER THE
17 INTERNATIONAL REGISTRATION PLAN, TO PROVIDE FOR DETERMINATION OF MILEAGE
18 DATA, TO DELETE OBSOLETE LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS;
19 AMENDING SECTION 49-435, IDAHO CODE, TO PROVIDE FOR PROPORTIONAL REGISTRA-
20 TION OF FLEETS OF COMMERCIAL VEHICLES, TO DELETE OBSOLETE LANGUAGE AND TO
21 MAKE TECHNICAL CORRECTIONS; REPEALING SECTIONS 49-435A AND 49-436, IDAHO
22 CODE; AMENDING SECTION 49-437, IDAHO CODE, TO PROVIDE THAT FEES SHALL BE
23 ROUNDED TO THE NEAREST WHOLE DOLLAR; AMENDING SECTION 49-438, IDAHO CODE,
24 TO DELETE REFERENCE TO USE FEE; AMENDING SECTION 49-439, IDAHO CODE, TO
25 PROVIDE A STANDARD AUDITING CYCLE, TO PROVIDE ADDITIONAL AUDITING CONDI-
26 TIONS AND PROCEDURES CONSISTENT WITH CURRENT LAW AND TO MAKE TECHNICAL
27 CORRECTIONS; AMENDING SECTION 49-504, IDAHO CODE, TO DELETE REFERENCE TO
28 USER FEES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-1001,
29 IDAHO CODE, TO DELETE REFERENCE TO WEIGHT-DISTANCE OPERATING FEES AND TO
30 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 49-1004, IDAHO CODE, TO PRO-
31 VIDE A FEE FOR VEHICLES OPERATING AT SPECIFIED WEIGHTS AND TO MAKE TECHNI-
32 CAL CORRECTIONS; PROVIDING LEGISLATIVE INTENT FOR THE TRANSITION OF TYPES
33 OF REGISTRATION SYSTEMS AND COLLECTION OF FEES; AUTHORIZING THE STATE
34 TREASURER TO MAKE MONEYS IN THE IDAHO PETROLEUM CLEAN WATER TRUST FUND
35 AVAILABLE FOR TRANSFER FOR A SPECIFIC PURPOSE; APPROPRIATING MONEYS FROM
36 THE IDAHO PETROLEUM CLEAN WATER TRUST FUND TO THE AMERICAN TRUCKING ASSO-
37 CIATION SETTLEMENT FUND; PROVIDING A FOUR-YEAR REPAYMENT TO THE IDAHO
38 PETROLEUM CLEAN WATER TRUST FUND FROM THE HIGHWAY DISTRIBUTION ACCOUNT;
39 AND PROVIDING EFFECTIVE DATES CONTINGENT UPON CERTIFICATION BY THE SECRE-
40 TARY OF STATE THAT THE COURT HAS APPROVED A FINAL SETTLEMENT.
41 Be It Enacted by the Legislature of the State of Idaho:
42 SECTION 1. That Chapter 7, Title 40, Idaho Code, be, and the same is
43 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
44 ignated as Section 40-710, Idaho Code, and to read as follows:
2
1 40-710. AMERICAN TRUCKING ASSOCIATION SETTLEMENT FUND. (1) There is
2 hereby established in the state treasury the American trucking association
3 settlement fund hereafter referred to as the settlement fund, to which shall
4 be credited all moneys as may be provided by law.
5 (2) Moneys in the fund are continuously appropriated and shall be used to
6 satisfy the settlement agreement as approved by the court pursuant to Case No.
7 CVOC9700724D, American Trucking Association v. State of Idaho, et al., in the
8 fourth judicial district, in accordance with the terms of such agreement.
9 (3) Interest earned on the investment of idle moneys in the settlement
10 fund shall be paid to the settlement fund.
11 SECTION 2. That Section 49-110, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 49-110. DEFINITIONS -- I.
14 (1) "Identifying number" means:
15 (a) Motor number. That identifying number stamped on the engine of a
16 vehicle.
17 (b) Vehicle identification number. The numbers and letters, if any,
18 placed on a vehicle by the manufacturer for the purpose of identifying the
19 vehicle.
20 (2) "Implements of husbandry" means every vehicle including self-pro-
21 pelled units, designed or adapted and used exclusively in agricultural, horti-
22 cultural, dairy and livestock growing and feeding operations when being inci-
23 dentally operated. Such implements include, but are not limited to, combines,
24 discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers,
25 harvesting and stacking equipment, pesticide applicators, plows, swathers,
26 mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or
27 drawing any implement of husbandry shall be construed to be an implement of
28 husbandry. "Implements of husbandry" do not include semitrailers, nor do they
29 include motor vehicles or trailers, unless their design limits their use to
30 agricultural, horticultural, dairy or livestock growing and feeding opera-
31 tions.
32 (3) "Incidentally operated" means the transport of the implement of hus-
33 bandry from one (1) farm operation to another.
34 (4) "Individual record" means a record containing personal information
35 about a designated person who is the subject of the record as identified in a
36 request for information.
37 (5) "Infraction" means a civil public offense, not constituting a crime,
38 which is not punishable by incarceration and for which there is no right to a
39 trial by jury or right to court-appointed counsel, and which is punishable by
40 only a penalty not exceeding one hundred dollars ($100) and no imprisonment.
41 (6) "Instructor" means any person, whether acting for himself as operator
42 of a commercial driver training school or for such a school for compensation,
43 who teaches, conducts classes of, gives demonstrations to, or supervises prac-
44 tice of, persons learning to operate or drive motor vehicles.
45 (7) "Insurer" means any insurer, public or private, which shall include,
46 but not be limited to, insurance companies domiciled in the state of Idaho,
47 agents, adjuster or any other person acting on behalf of any insurance not
48 domiciled in the state of Idaho and any self-insured entity operating under
49 Idaho insurance laws or rules.
50 (8) "International registration plan" means a registration reciprocity
51 agreement among the states of the United States and provinces of Canada pro-
52 viding for payment of registration and licensing fees on a proportional basis
53 determined by the fleet miles operated in the various jurisdictions.
3
1 (9) "Intersection" means:
2 (a) The area embraced within the prolongation or connection of the lat-
3 eral curb lines, or, if none, then the lateral boundary lines of the road-
4 ways of two (2) highways which join one another at, or approximately at,
5 right angles, or the area within which vehicles traveling upon different
6 highways joining at any other angle may come in conflict.
7 (b) Where a highway includes two (2) roadways thirty (30) feet or more
8 apart, then every crossing of each roadway of the divided highway by an
9 intersecting highway shall be regarded as a separate intersection. In the
10 event an intersecting highway also includes two (2) roadways thirty (30)
11 feet or more apart, then every crossing of two (2) roadways of the high-
12 ways shall be regarded as a separate intersection.
13 (c) The junction of an alley with a street or highway shall not consti-
14 tute an intersection.
15 SECTION 3. That Section 49-114, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 49-114. DEFINITIONS -- M.
18 (1) "Major component part" means a rear clip, cowl, frame or inner struc-
19 ture forward of the cowl, body, cab, front end assembly, front clip or such
20 other part which is critical to the safety of the vehicle.
21 (2) "Manifest" means a form used for identifying the quantity, composi-
22 tion, origin, routing, waste or material identification code and destination
23 of hazardous material or hazardous waste during any transportation within,
24 through, or to any destination in this state.
25 (3) "Manufactured home." (See section 39-4105, Idaho Code)
26 (4) "Manufacturer" means every person engaged in the business of con-
27 structing or assembling vehicles of a type required to be registered at an
28 established place of business in this state. The term, for purposes of sec-
29 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
30 include a distributor and other factory representatives.
31 (5) "Manufacturer's year designation" means the model year designated by
32 the vehicle manufacturer, and not the year in which the vehicle is, in fact,
33 manufactured.
34 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped
35 for operation, to which shall be added the maximum load to be carried as
36 declared by the owner in making application for registration. When a vehicle
37 against which a registration or use fee is assessed is a combination of vehi-
38 cles, the term "maximum gross weight" means the combined maximum gross weights
39 of all vehicles in the combination.
40 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code)
41 (8) "Moped" means a limited-speed motor-driven cycle which is not capable
42 of propelling the vehicle at a speed in excess of thirty (30) miles per hour
43 on level ground, whether two (2) or three (3) wheels are in contact with the
44 ground during operation. If an internal combustion engine is used, the dis-
45 placement shall not exceed fifty (50) cubic centimeters and the moped shall
46 have a power drive system that functions directly or automatically without
47 clutching or shifting by the operator after the drive system is engaged.
48 (9) "Motorcycle" means every motor vehicle having a seat or saddle for
49 the use of the rider and designed to travel on not more than three (3) wheels
50 in contact with the ground, but excluding a tractor and moped.
51 (10) "Motor carrier" means an individual, partnership, corporation or
52 other legal entity engaged in the transportation by motor vehicle of persons
53 or property in the furtherance of a business or for hire.
4
1 (11) "Motor home" means a vehicular unit designed to provide temporary
2 living quarters, built into an integral part or permanently attached to a
3 self-propelled motor vehicle chassis. The vehicle must contain permanently
4 installed independent life support systems which meet the American National
5 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
6 vide at least four (4) of the following facilities: cooking, refrigeration or
7 ice box, self-contained toilet, heating and/or air conditioning, a potable
8 water supply system, including a faucet and sink, separate 110-125 volt elec-
9 trical power supply and/or LP-gas supply.
10 (12) "Motorized wheelchair" means a motor vehicle with a speed not in
11 excess of eight (8) miles per hour, designed for and used by a handicapped
12 person.
13 (13) "Motor number." (See "Identifying number," section 49-110, Idaho
14 Code)
15 (14) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
16 (15) "Motor vehicle liability policy" means an owner's or operator's pol-
17 icy of liability insurance, certified as provided in section 49-1210, Idaho
18 Code, as proof of financial responsibility, and issued by an insurance carrier
19 duly authorized to transact business in this state, to or for the benefit of
20 the person named therein as insured.
21 (16) "Motor vehicle record" means any record that pertains to a motor
22 vehicle registration, motor vehicle title or identification documents or other
23 similar credentials issued by the department or other state or local agency.
24 SECTION 4. That Section 49-122, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 49-122. DEFINITIONS -- U.
27 (1) "Unauthorized vehicle" means any vehicle parked or otherwise left on
28 private property without the consent of the person owning or controlling that
29 property.
30 (2) "United States" means the fifty (50) states and the District of
31 Columbia.
32 (3) "Unladen weight." (See "Light weight,", section 49-113, Idaho Code)
33 (4) "Unregistered vehicle" means a vehicle without current registration
34 on file with the department or with the appropriate agency of another state,
35 unless exempt from registration.
36 (5) "Unusual noise." (See "Excessive,", section 49-106, Idaho Code)
37 (6) "Urban district." (See "District,", section 49-105, Idaho Code)
38 (7) "Use fee" means the fee as imposed in section 49-434, Idaho Code, for
39 vehicles exceeding sixty thousand (60,000) pounds gross weight, and calculated
40 based upon the number of miles traveled in Idaho times the use fee rate per
41 mile of travel as established by law for the applicable maximum gross weight
42 of the vehicle or combination of vehicles as registered.
43 (8) "Utility trailer" means a trailer or semitrailer designed primarily
44 to be drawn behind a passenger car or pickup truck for domestic and utility
45 purposes. Utility or domestic use shall include a farm trailer while being
46 used to haul agricultural products or livestock from farm to storage, market
47 or processing plant, or returning therefrom.
48 SECTION 5. That Section 49-201A, Idaho Code, be, and the same is hereby
49 repealed.
50 SECTION 6. That Section 49-202, Idaho Code, be, and the same is hereby
51 amended to read as follows:
5
1 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license
2 records in the office of the department shall be public records and open to
3 inspection by the public during normal business hours, except for those
4 records declared by law to be for the confidential use of the department, or
5 those records containing personal information subject to restrictions or con-
6 ditions regarding disclosure. If the department has contracted for a service
7 to be provided by another entity, an additional fee shall be charged by that
8 contractor whether the service is rendered during normal business hours, other
9 than normal business hours or on weekends.
10 (2) In addition to other fees required by law to be collected by the
11 department, the department shall collect the following:
12 (a) For certifying a copy of any record pertaining to any vehicle
13 license, any certificate of title, or any driver's license ......... $8.00
14 (b) For issuing every Idaho certificate of title .................. $8.00
15 (c) For furnishing a duplicate copy of any Idaho certificate of title
16 .................................................................... $8.00
17 (d) For issuance or transfer of every certificate of title on a new or
18 used vehicle or other titled vehicle in an expedited manner (rush titles),
19 in addition to any other fee required by this section ............. $15.00
20 (e) For furnishing a replacement of any receipt of registration ... $3.00
21 (f) For furnishing copies of registration or ownership of motor vehicles
22 or driver's license records, per vehicle registration, accident report
23 records, title or per driver's license record ...................... $4.00
24 Additional contractor fee, not to exceed ........................... $4.00
25 (g) For services in searching files of vehicle or other registrations,
26 vehicle titles, or driver's licenses per hour ..................... $10.00
27 (h) Placing "stop" cards in vehicle registration or title files, each
28 ................................................................... $12.00
29 (i) For issuance of an assigned or replacement vehicle identification
30 number (VIN) .......................................................$10.00
31 (j) For a vehicle identification number (VIN) inspection whether con-
32 ducted by a city or county peace officer or any other peace officer or
33 designated agent of the state of Idaho, per inspection ............. $3.00
34 (k) For all replacement registration stickers, each ............... $1.00
35 (l) For issuing letters of temporary vehicle clearance to Idaho based
36 motor carriers .................................................... $10.00
37 (m) For all sample license plates, each .......................... $12.00
38 (n) For filing release of liability statements .................... $2.00
39 (o) For safety and insurance programs for each vehicle operated by a
40 motor carrier ...................................................... $2.00
41 A lesser amount may be set by rule of the board.
42 (3) The fees required in this section shall not apply when the service is
43 furnished to any federal, state, county or city peace officer when such ser-
44 vice is required in the performance of their duties as peace officers.
45 (4) The department may enter into agreements with private companies or
46 public entities to provide the services for which a fee is collected in sub-
47 section (2)(f) of this section. Such private contractor shall collect the fee
48 prescribed and remit the fee to the department. The contractor shall also col-
49 lect and retain the additional fee charged for his services.
50 (5) (a) The department shall pay three dollars ($3.00) of the fee col-
51 lected by a county assessor or other agent of the department as provided
52 in subsection (2)(a) through (f) of this section, to the county assessor
53 of the county or agent collecting such fee, which shall be deposited with
54 the county treasurer and credited to the county current expense fund. The
55 remainder of the fees collected as provided in that subsection shall be
6
1 paid by the department to the state treasurer and placed in the state
2 highway account.
3 (b) The fee collected under subsection (2)(j) of this section for a VIN
4 inspection shall be placed in the city general fund if conducted by a city
5 peace officer, in the county current expense fund if conducted by a county
6 peace officer, shall be retained by the special agent authorized to per-
7 form the inspection, or paid to the state treasurer and placed to the
8 credit of the department of law enforcement if conducted by the Idaho
9 state police division or in the state highway account if conducted by the
10 department.
11 (c) The fee collected under subsection (2)(o) of this section for motor
12 carriers shall be paid by the department to the state treasurer and placed
13 in the state highway account. The director and the director of the depart-
14 ment of law enforcement shall jointly determine the amount to be trans-
15 ferred from the state highway account to the law enforcement account for
16 motor carrier safety programs conducted by the department of law enforce-
17 ment pursuant to the provisions of section 67-2901A, Idaho Code.
18 (6) The department as often as practicable may provide to law enforcement
19 agencies the record of suspensions and revocations of driver licenses via the
20 Idaho law enforcement telecommunications system (ILETS).
21 (7) The department shall provide the forms prescribed in chapter 5 of
22 this title, shall receive and file in its office in Boise, Idaho, all instru-
23 ments required in chapter 5 of this title to be filed with the department,
24 shall prescribe a uniform method of numbering certificates of title, and main-
25 tain in the department indices for such certificates of title. All indices
26 shall be by motor or identification number and alphabetical by name of the
27 owner.
28 (8) The department shall file each registration received under a distinc-
29 tive registration number assigned to the vehicle and to the owner thereof.
30 (9) The department shall not renew a driver's license or identification
31 card when fees required by law have not been paid or where fees for past
32 periods are due, owing and unpaid including nonsufficient fund checks, until
33 those fees have been paid.
34 (10) The department shall not grant the registration of a vehicle when:
35 (a) The applicant is not entitled to registration under the provisions of
36 this title; or
37 (b) The applicant has neglected or refused to furnish the department with
38 the information required in the appropriate form or reasonable additional
39 information required by the department, or has failed to comply with the
40 provisions of section 49-436, Idaho Code, in past registration periods; or
41 (c) The fees required by law have not been paid, or where fees for past
42 registration periods are due, owing and unpaid including nonsufficient
43 fund checks.
44 (11) The department or its authorized agents have the authority to request
45 any person, to submit to medical, vision, highway, or written examinations, to
46 protect the safety of the public upon the highways. The department or its
47 authorized agents may exercise such authority based upon evidence which may
48 include, but is not limited to, observations made.
49 (12) The department shall revoke the registration of any vehicle:
50 (a) Which the department shall determine is unsafe or unfit to be oper-
51 ated or is not equipped as required by law;
52 (b) Whenever the person to whom the registration card or registration
53 plate has been issued shall make or permit to be made any unlawful use of
54 the same or permit their use by a person not entitled thereto;
55 (c) For any violation of vehicle registration requirements by the owner
7
1 or operator in the current or past registration periods;
2 (d) Whenever a motor carrier requests revocation, or whenever an inter-
3 state carrier's federal operating authority has been revoked;
4 (e) For nonpayment by the owner or operator of the vehicle of use fees
5 computed under sections 49-434 and 49-435, Idaho Code;
6 (f) For failure of the owner or operator to file the reports required or
7 nonpayment of fees assessed against the owner by the department pursuant
8 to audit under the provisions of section 49-4369, Idaho Code;
9 (gf) Identified by any city or county administering a program established
10 by ordinance for the inspection and readjustment of motor vehicles (which
11 program is part of an approved state implementation plan adopted by both
12 the state and federal governments under 42 USC section 7410) as having
13 failed to comply with an ordinance requiring motor vehicle emission
14 inspection and readjustment; provided that no vehicle shall be identified
15 to the department under this subsection (gf) unless:
16 (i) tThe city or county certifies to the department that the owner
17 of the motor vehicle has been given notice and had the opportunity
18 for a hearing concerning compliance with the ordinance and has
19 exhausted all remedies and appeals from any determination made at
20 such hearing; and
21 (ii) tThe city or county reimburses the department for all direct
22 costs associated with the registration revocation procedure.
23 (13) The department shall not reregister or permit a vehicle to operate on
24 a special trip permit until all fees, penalties and interest have been paid.
25 (14) The department shall institute educational programs, demonstrations,
26 exhibits and displays.
27 (15) The department shall cancel a driver's license or identification card
28 when fees required by law have not been paid or where fees are due, owing and
29 unpaid including nonsufficient insufficient fund checks, until those fees have
30 been paid.
31 (16) The department shall examine persons and vehicles by written, oral,
32 vision and skills tests without compulsion except as provided by law.
33 (17) The department shall employ expert and special help as needed in the
34 department.
35 (18) The department shall compile accident statistics and disseminate
36 information relating to those statistics.
37 (19) The department shall cooperate with the United States in the elimina-
38 tion of road hazards, whether of a physical, visual or mental character.
39 (20) The department shall place and maintain traffic-control devices, con-
40 forming to the board's manual and specifications, upon all state highways as
41 it shall deem necessary to indicate and to carry out the provisions of this
42 title or to regulate, warn, or guide traffic. No local authority shall place
43 or maintain any traffic-control device upon any highway under the jurisdiction
44 of the department except by the latter's permission, except where the duly
45 elected officials of an incorporated city have established speed limits lower
46 than those set by the department on the portion of state highways, excluding
47 controlled-access and interstate highways, that pass through residential,
48 urban or business districts within the jurisdiction of the incorporated city.
49 The placement and maintenance of such a traffic-control device by a local
50 authority shall be made according to the board's manual and specifications for
51 a uniform system of traffic-control devices.
52 (21) The department may conduct an investigation of any bridge or other
53 elevated structure constituting a part of a highway, and if it shall find that
54 the structure cannot with safety to itself withstand vehicles traveling at a
55 speed otherwise permissible under this title, shall determine and declare the
8
1 maximum speed of vehicles which the structure can safely withstand, and shall
2 cause or permit suitable signs stating the maximum speed to be erected and
3 maintained before each end of the structure.
4 (22) Whenever the department shall determine on the basis of an engineer-
5 ing and traffic investigation that slow speeds on any highway or part of a
6 highway impede the normal and reasonable movement of traffic, the department
7 may determine and declare a minimum speed limit below which no person shall
8 drive a vehicle except when necessary for safe operation or in compliance with
9 law, and that limit shall be effective when posted upon appropriate fixed or
10 variable signs, except in cases where the duly elected officials of an incor-
11 porated city have established speed limits lower than those set by the
12 department on portions of state highways, excluding controlled-access and
13 interstate highways, that pass through residential, urban or business dis-
14 tricts within the jurisdiction of the incorporated city.
15 (23) The department shall regulate or prohibit the use of any controlled-
16 access highway by any class or kind of traffic which is found to be incompati-
17 ble with the normal and safe movement of traffic.
18 (24) The department shall erect and maintain traffic-control devices on
19 controlled-access highways on which any prohibitions are applicable.
20 (25) Wherever a highway crosses one (1) or more railroads at grade, the
21 department or local authorities within their respective jurisdictions shall
22 place and maintain stop signs, directing vehicular traffic approaching the
23 crossing to come to a full stop prior to entering the crossing at all railroad
24 crossings where electric or mechanical warning signals do not exist. Placement
25 of these stop signs shall be mandatory except when in the determination of
26 public highway agencies the existence of stop signs at a given crossing would
27 constitute a greater hazard than their absence based on a recognized engineer-
28 ing study.
29 Nothing in this subsection shall be construed as granting immunity to any
30 railroad company as to liability, if any, for an accident which might occur
31 at a crossing where stop signs are erected and in place, but liability, if
32 any, shall be determined as provided by law. Liability on the part of govern-
33 mental authorities on account of absence of any stop sign at a crossing shall
34 be determined as provided by law.
35 (26) The department and local authorities are authorized to determine
36 those portions of any highway under their respective jurisdictions where over-
37 taking and passing or driving on the left side of the roadway would be espe-
38 cially hazardous and may by appropriate signs or markings on the roadway indi-
39 cate the beginning and end of those zones and when signs or markings are in
40 place and clearly visible to an ordinarily observant person, every driver of
41 a vehicle shall obey those directions.
42 (27) The department and local authorities in their respective jurisdic-
43 tions may in their discretion issue special permits authorizing the operation
44 upon a highway of traction engines or tractors having movable tracks with
45 transverse corrugations upon the periphery of the movable tracks or farm trac-
46 tors or other farm machinery, the operation of which upon a highway would
47 otherwise be prohibited under this title or title 40, Idaho Code.
48 (28) The department and local highway authorities within their respective
49 jurisdictions may place official traffic-control devices prohibiting, limiting
50 or restricting the stopping, standing or parking of vehicles on any highway
51 where such stopping, standing or parking is dangerous to those using the high-
52 way or where the stopping, standing or parking of vehicles unduly interferes
53 with the free movement of traffic thereon.
54 (29) On any informational material printed after July 1, 1995, by or at
55 the order of the department and distributed to counties, school districts or
9
1 individuals for the purpose of assisting a person to successfully pass a
2 driver's license test, the department shall include material about the state's
3 open range law and responsibilities, liabilities and obligations of drivers
4 driving in the open range.
5 SECTION 7. That Section 49-434, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 49-434. OPERATING FEES. (1) There shall be paid on all commercial vehi-
8 cles, noncommercial vehicles, and on all farm vehicles having a maximum gross
9 weight not in excess of sixty thousand (60,000) pounds, an annual registration
10 fee in accordance with the following schedule.
11 Maximum Gross Weight Anuual Reigstration
12 (Pounds) Annual Registration Fee
13 Noncommercial and Commercial
14 Farm Vehicles Vehicles
15 8,001-16,000 inc. .....................$ 31.08 $ 30.60
16 16,001-26,000 inc. ..................... 61.08 143.40
17 26,001-30,000 inc. ..................... 91.68 223.80
18 30,001-40,000 inc. ..................... 130.08 291.60
19 40,001-50,000 inc. ..................... 188.28 360.00
20 50,001-60,000 inc. ..................... 311.88 515.40
21 (2) There shall be paid on all commercial vehicles, irrespective of body
22 type, and on all farm vehicles having a maximum gross weight in excess of
23 sixty thousand (60,000) pounds, an annual registration fee in the amount of
24 one hundred twenty dollars ($120) prescribed by subsection (8) of this sec-
25 tion, as applicable.
26 (3) In addition, the annual registration fee for trailers shall be:
27 (a) Trailer or semitrailer in a combination of vehicles ...........$15.00
28 (b) Rental utility trailer with a gross weight of two thousand (2,000)
29 pounds or less ......................................................$8.00
30 (c) Rental utility trailer with a gross weight over two thousand (2,000)
31 pounds .............................................................$15.00
32 (4) As an option to the trailer and semitrailer annual registration, the
33 department may provide extended registration.
34 (a) For trailers and semitrailers, the optional extended-registration
35 period shall not extend beyond seven (7) years.
36 (b) The fee shall be fifteen dollars ($15.00) for each year.
37 (c) The license plate originally issued shall remain on the trailer or
38 semitrailer until the registration expires.
39 (d) The registration document shall be the official record of the status
40 of the extended registration. No pressure-sensitive validation sticker
41 shall be required.
42 (e) For rental utility trailers, the optional registration period shall
43 not extend beyond five (5) years. The fee shall be as specified in subsec-
44 tion (3)(b) or (c) of this section. A pressure-sensitive sticker shall be
45 used to validate the license plate. The license plate shall become void if
46 the owner's interest in the rental utility trailer changes during the five
47 (5) year period. If the owner fails to enter the rental utility trailer on
48 the annual renewal application during the five (5) year period, the regis-
49 tration record shall be purged. Any unrenewed plate shall be returned to
50 the department if it is not entered on the renewal application.
51 (5) A fleet registration option is available to owners who have twenty-
52 five (25) or more commercial or farm vehicles or any combination thereof. Such
53 owners may register all of their company vehicles with the department in lieu
10
1 of registering with a county assessor. To qualify the fleet must be owned and
2 operated under the unified control of one (1) person and the vehicles must be
3 physically garaged and maintained in two (2) or more counties. Fleet registra-
4 tion shall not include fleets of rental vehicles. The department shall provide
5 a registration application to the owner and the owner shall provide all infor-
6 mation that the department determines is necessary. The department shall
7 devise a special license plate numbering system for fleet-registered vehicles
8 as an alternative to county license plates. The fleet registration application
9 and all subsequent registration renewals shall include the physical address
10 where a vehicle is principally used, garaged and maintained. The fleet owner
11 shall report the physical address to the department upon initial registra-
12 tion, on each renewal, and at any time a vehicle registered under this option
13 is permanently transferred to another location.
14 (6) If the ownership of a vehicle changes during the registration period,
15 the original owner may transfer the plate to another vehicle. The remaining
16 fee shall be credited against the cost of the new registration. No refunds
17 shall be given for any unexpired portion of the vehicle registration fee if
18 the plate is not transferred by the owner to another vehicle. A license plate
19 shall not be transferred to another owner when the ownership of a vehicle
20 changes. The owner shall obtain a replacement plate, validation sticker if
21 required, and a registration document when a plate is lost, destroyed or
22 becomes illegible.
23 (7) An administrative fee of four dollars ($4.00) shall be paid and
24 deposited to the state highway account on all registrations completed by the
25 department under subsection (1) or (8)(b) of this section. Vehicles registered
26 under subsection (8)(a) of this section shall pay the fee provided in section
27 49-435(2), Idaho Code.
28 (8) In addition to the registration and license fees provided by subsec-
29 tions (1) and (2) of this section, tThere shall be paid on all commercial
30 vehicles having a maximum gross weight in excess of sixty thousand (60,000)
31 pounds, a use registration fee based upon the registered maximum gross
32 weight in accordance with the following schedule. The use fees shall be calcu-
33 lated by multiplying the mills per mile, determined from the mills per mile
34 schedule table, times the reported mileage for the vehicle, subject to the
35 provisions of this section of a vehicle as declared by the owner and the total
36 number of miles driven on public roads and highways in Idaho, and if regis-
37 tered under the international registration plan (IRP), in all other jurisdic-
38 tions. The appropriate registration fee shall be determined as follows:
39 (a) If the owner registers vehicles under the international registration
40 plan (IRP), the appropriate mileage column shall be determined by the
41 total miles an owner operated a fleet of vehicles on public roads and
42 highways in Idaho and in all other jurisdictions in the preceding year, as
43 defined in section 49-117, Idaho Code, and by the maximum gross weight of
44 each vehicle within a fleet.
45 (b) If the owner registers vehicles under the international registration
46 plan and determines that the average international registration plan fleet
47 miles, calculated by dividing the total IRP fleet miles in all jurisdic-
48 tions by the number of registered vehicles, is less than forty thousand
49 and one (40,001) miles, the owner may apply to the department for refund
50 of a portion of the registration fees paid, consistent with the fee sched-
51 ules set forth in this section. The department shall provide an applica-
52 tion for the refund. An owner making application for refund under this
53 section shall be subject to auditing as provided in section 49-439, Idaho
54 Code.
55 (c) If the owner is not registering vehicles under the international reg-
11
1 istration plan, the appropriate mileage column shall be determined by the
2 total miles the owner operated each of the vehicles to be registered on
3 public roads and highways in Idaho in the previous registration year and
4 by the maximum gross weight of each vehicle.
5 Maximum Gross
6 Weight of Vehicle Mills per Mile Total Miles Driven
7 (Pounds)
8 1-7,500 7,501-40,000 Over 40,000
9 60,001-62,000 30.05 $380 $ 750 $1,500
10 62,001-64,000 31.35 395 860 1,720
11 64,001-66,000 32.60 405 970 1,940
12 66,001-68,000 33.90 415 1,080 2,160
13 68,001-70,000 35.15 425 1,190 2,380
14 70,001-72,000 36.40 435 1,300 2,600
15 60,001-62,000 30.05
16 72,001-74,000 38.55 450 1,410 2,820
17 74,001-76,000 40.65 470 1,520 3,040
18 76,001-78,000 42.75 485 1,630 3,260
19 78,001-80,000 44.90 505 1,740 3,480
20 80,001-82,000 47.00 520 1,795 3,590
21 82,001-84,000 49.10 540 1,850 3,700
22 84,001-86,000 51.20 555 1,905 3,810
23 86,001-88,000 53.30 575 1,960 3,920
24 88,001-90,000 55.40 590 2,015 4,030
25 90,001-92,000 57.50 610 2,070 4,140
26 92,001-94,000 59.60 625 2,125 4,250
27 94,001-96,000 61.70 645 2,180 4,360
28 96,001-98,000 63.80 660 2,235 4,470
29 98,001-100,000 65.90 670 2,290 4,580
30 100,001-102,000 68.00 695 2,345 4,690
31 102,001-104,000 70.10 710 2,400 4,800
32 104,001-106,000 72.20 730 2,455 4,910
33 106,001-108,000 745 2,510 5,020
34 108,001-110,000 765 2,565 5,130
35 110,001-112,000 780 2,620 5,240
36 112,001-114,000 800 2,675 5,350
37 114,001-116,000 815 2,730 5,460
38 116,001-118,000 835 2,785 5,570
39 118,001-120,000 850 2,840 5,680
40 120,001-122,000 870 2,895 5,790
41 122,001-124,000 885 2,950 5,900
42 124,001-126,000 905 3,005 6,010
43 126,001-128,000 920 3,060 6,120
44 128,001-129,000 940 3,115 6,230
45 (d) Any commercial vehicle registered for more than sixty thousand
46 (60,000) pounds to one hundred six thousand (106,000) pounds traveling
47 fewer than two thousand five hundred (2,500) miles annually on Idaho pub-
48 lic roads and highways shall pay an annual registration fee of two hundred
49 fifty-five dollars ($255). The provisions of section 49-437(2), Idaho
50 Code, shall not apply to vehicles registered under this subsection (8)(d).
51 For each additional two thousand (2,000) pounds or fraction thereof in excess
52 of one hundred six thousand (106,000) pounds add 2.1 mills per mile.
53 (9) In addition to the registration and license fees of this section,
54 there shall be paid on all farm vehicles, and any commercial vehicle exclu-
55 sively engaged in the transportation of logs, pulp wood, stull, poles, piling,
12
1 rough lumber, ores, ore concentrates, sand and gravel aggregates in bulk,
2 livestock and vehicles used for the sole purpose of transporting milk from the
3 farm to processing plant, having a maximum gross weight in excess of sixty
4 thousand (60,000) pounds, a use fee in accordance with the following schedule.
5 The use fees shall be calculated by multiplying the mills per mile, determined
6 from the mills per mile schedule table, times the reported mileage for the
7 vehicle, subject to the provisions of this section.
8 Maximum Gross
9 Weight of Vehicle Mills per Mile
10 (Pounds)
11 60,001-62,000 22.45
12 62,001-64,000 22.45
13 64,001-66,000 22.45
14 66,001-68,000 22.45
15 68,001-70,000 22.45
16 70,001-72,000 22.45
17 72,001-74,000 22.45
18 74,001-76,000 22.45
19 76,001-78,000 22.45
20 78,001-80,000 22.45
21 80,001-82,000 24.55
22 82,001-84,000 26.65
23 84,001-86,000 28.75
24 86,001-88,000 30.85
25 60,001-62,000 22.45
26 88,001-90,000 32.95
27 90,001-92,000 35.05
28 92,001-94,000 37.15
29 94,001-96,000 39.25
30 96,001-98,000 41.35
31 98,001-100,000 43.45
32 100,001-102,000 45.55
33 102,001-104,000 47.65
34 104,001-106,000 49.75
35 For each additional two thousand (2,000) pounds or fraction thereof in excess
36 of one hundred six thousand (106,000) pounds add 2.1 mills per mile.
37 (109) If any vehicle, or combinations of vehicles move on the highways of
38 the state, and the vehicle or combination exceeds its registered maximum gross
39 weight there shall be paid for that vehicle, the registration fees provided
40 for in either subsection (8) or (9) of this section, as applicable, for the
41 actual gross weight of the vehicle or combination of vehicles for the miles
42 traveled at the heavier weight.
43 (10) (a) During the first registration year that the fee schedule in sub-
44 section (8)(c) of this section is in use, an owner shall use the mileage
45 data from the records used to report the mileage use fee in the immedi-
46 ately preceding year as the basis for determining the appropriate regis-
47 tration fee schedule.
48 (b) Any owner who registers a motor vehicle for the first time and who
49 has no mileage history for the vehicle shall estimate the miles to deter-
50 mine the appropriate fee schedule in subsection (8)(c) of this section.
51 When estimating the miles, the owner shall provide a statement on the
52 application of the method used to arrive at the estimated miles.
53 (c) Any owner using any fee schedule other than the highest fee schedule
54 under subsection (8)(c) of this section, shall certify at the time of reg-
55 istration that the miles operated in the preceding year do not exceed the
13
1 schedule applied for. Any owner using a fee schedule under subsection
2 (8)(c) of this section that is less than the highest schedule shall main-
3 tain records to substantiate the use of the schedule as required by sec-
4 tion 49-439, Idaho Code.
5 (11) If any vehicle or combinations of vehicles haul nonreducible loads,
6 as authorized under the provisions of section 49-1004, Idaho Code, and weigh
7 less than the starting weights per axle configuration listed in column 1 of
8 subsection (2), section 49-1004, Idaho Code, then and in that event there
9 shall be paid for that vehicle, in addition to the other fees required in this
10 section, an additional use fee of 2.1 mills per mile for each two thousand
11 (2,000) pounds or fraction thereof of the maximum gross weight in excess of
12 those set forth in section 49-1001, Idaho Code.
13 (12) Any owner operating vehicle combinations may apply to the department
14 for authority to report multiple weights and pay use fees based upon the maxi-
15 mum gross weight of each configuration in the combination being operated. The
16 owner shall declare a maximum gross weight for each configuration being oper-
17 ated but not more than three (3) maximum gross weights for a vehicle combina-
18 tion may be declared. Any owner who receives authority to report and pay use
19 fees at multiple maximum gross weights shall register the motor vehicle in a
20 combination at the highest maximum gross weight of the vehicle. Any owner who
21 reports vehicle combinations at multiple weights and fails to maintain records
22 and furnish said records to the department upon request which show the config-
23 uration of the combination of vehicles and the trailer and unit number for all
24 miles and trip segments traveled shall have all miles assessed at the highest
25 maximum gross weight of the combination of vehicles.
26 (13) An applicant for registration of a commercial vehicle, a noncommer-
27 cial vehicle or a farm vehicle shall set forth the maximum gross weight of the
28 vehicle or combination of vehicles and the applicant shall pay any annual reg-
29 istration fees and any annual license fees on trailers and semitrailers
30 required at the time he makes application for registration subject to the pro-
31 visions of subsections (1), (2), (3) and (4) of this section. No part of the
32 registration or license fees shall be subject to refund. The use registration
33 fee payment required shall be computed according to the schedule in either
34 subsection (8) or (9) of this section on the all mileage operated. over the
35 highways of the state of Idaho and the owner of any vehicle against which a
36 use fee is assessed, shall at the time of making his next quarterly report pay
37 the use fee, if any, for the three (3) calendar months immediately prior. In
38 determining the mileage subject to the use fee, there shall be deducted the
39 miles traveled on roadways maintained with private funds by agreement with the
40 public agency or agencies having jurisdiction over them. In no event shall the
41 total money credited to the owner for the mileage exceed the actual cost of
42 maintenance expended by him.
43 (14) Any owner who operates or intends to operate non-Idaho based vehicles
44 in Idaho that are subject to the use fee required under the provisions of
45 this section shall apply for a use fee account before operating the vehicles
46 in Idaho. In lieu of establishing a use fee account the owner may purchase a
47 trip permit under the provisions of section 49-432 or 49-433, Idaho Code, as
48 applicable. The department shall develop rules to administer the use fee
49 account. Any owner who has not established a use fee account or has not pur-
50 chased a trip permit prior to operating in Idaho shall have committed an
51 infraction.
52 SECTION 8. That Section 49-435, Idaho Code, be, and the same is hereby
53 amended to read as follows:
14
1 49-435. PROPORTIONAL REGISTRATION OF COMMERCIAL VEHICLES. (1) Any owner
2 engaged in operating one (1) or more fleets of commercial vehicles may, in
3 lieu of the registration fees imposed by section 49-434, Idaho Code, register
4 each fleet for operation in this state by filing an application with the
5 department which shall contain the following information and such other infor-
6 mation pertinent to vehicle registration as the department may require:
7 (a) Total fleet miles. This shall be the total number of miles operated
8 in all jurisdictions during the preceding year by the motor vehicles in a
9 fleet during the year.
10 (b) In-state miles. This shall be the total number of miles operated in
11 this state during the preceding year by motor vehicles in the fleets dur-
12 ing the year.
13 (c) A description and identification of each vehicle of the fleet which
14 is to be operated in this state during the registration year for which
15 proportional fleet registration is requested, and, as determined by the
16 department, the vehicle unit number of each fleet vehicle as assigned by
17 the owner.
18 (2) The application for each fleet shall, at the time and in the manner
19 required by the department, be supported by a fee payment computed as follows:
20 (a) Divide in-state miles by total fleet miles.
21 (b) Determine the total amount necessary to register each and every vehi-
22 cle in the fleet for which registration is required based on the regular
23 annual fees prescribed by section 49-434, Idaho Code.
24 (c) Multiply the sum obtained under subsection (2)(b) of this section, by
25 the quotient obtained under subsection (2)(a) of this section.
26 (3) The applicant for proportional registration of any fleet, the motor
27 vehicles of which are operated by him in jurisdictions in addition to those in
28 which the applicant's fleet motor vehicles are operated, may state those motor
29 vehicles separately in his application and compute and pay the fees in accor-
30 dance with the separate statement, as to which "total miles" shall be the
31 total miles of highway operation determined from miles of power units, whether
32 prorated or not, operated in combination with prorated trailers in all juris-
33 dictions during the preceding year the information required by the interna-
34 tional registration plan (IRP) agreement. Any owner who makes application for
35 proportional registration under the provisions of the international registra-
36 tion plan shall comply with the terms and conditions of the IRP agreement.
37 (42) The department shall register the vehicle so described and identi-
38 fied and may issue license plates or distinctive sticker or other suitable
39 identification device for each vehicle listed in the application upon payment
40 of the fees required under subsections (2) (1) and (8) of section 49-434,
41 Idaho Code, and an additional identification charge of eight dollars ($8.00)
42 per vehicle. The fees collected for the additional identification shall be
43 deposited to the state highway account. A registration card shall be issued
44 for each proportionally registered vehicle appropriately identifying it which
45 shall be carried in or upon the vehicle identified at all times.
46 (53) Fleet vehicles so registered and identified shall be deemed to be
47 fully licensed and registered in this state for any type of movement or opera-
48 tion, except that, in those instances in which a grant of authority is
49 required for intrastate movement or operation, no vehicle shall be operated in
50 intrastate commerce in this state unless the owner has been granted intrastate
51 authority or rights by the public utilities commission and unless the vehicle
52 is being operated in conformity with such authority or rights.
53 (64) The right to the privilege and benefits of proportional registration
54 of fleet vehicles extended by this section, or by any contract, agreement,
55 arrangement or declaration made under the authority provided in section
15
1 49-201, Idaho Code, shall be subject to the condition that each fleet vehicle
2 proportionally registered shall also be proportionally or otherwise properly
3 registered in at least one other jurisdiction during the period for which it
4 is proportionally registered in this state.
5 (7) Vehicles acquired by the owner after the commencement of the regis-
6 tration year and subsequently added to a proportionally registered fleet shall
7 be proportionally registered by applying the mileage percentage used in the
8 original application for the fleet for that registration period to the annual
9 registration fees due with respect to those vehicles for the remainder of the
10 registration year.
11 (8) If any vehicle is withdrawn from a proportionally registered fleet
12 during the period for which it is registered, the owner of the fleet shall so
13 notify the department on appropriate forms to be prescribed by the department.
14 The department may require the owner to surrender proportional registration
15 cards and other identification devices which have been issued with respect to
16 the vehicle as the department may deem advisable.
17 (9) The initial application for proportional registration of a fleet
18 shall state the mileage data with respect to the fleet for the preceding year
19 in this and other jurisdictions. If no operations were conducted with the
20 fleet during the preceding year, the application shall contain a full state-
21 ment of the proposed method of operation and estimates of annual mileage in
22 this state and other jurisdictions. The department shall determine the in-
23 state and total fleet miles to be used in computing the fee payment for the
24 fleet. The department may evaluate and adjust the estimate in the application
25 if it is not satisfied as to the correctness submitted.
26 (10) The department may refuse to accept proportional registration appli-
27 cations for the registration of vehicles based in another jurisdiction if it
28 shall find that the other jurisdiction does not grant similar registration
29 privileges to fleet vehicles based in or owned by residents of this state.
30 (11) Any owner whose application for proportional registration has been
31 accepted shall preserve the records on which the application is based for a
32 period of four (4) years following the year of application. The owner shall
33 agree to make his records accessible to the department for audit as to accu-
34 racy of computations, payments and assessments of deficiencies or allowances
35 for credit. The department shall make arrangements with agencies of other
36 jurisdictions administering motor vehicle registration laws for joint audits
37 of any owner or exchange of audit information. No assessment for deficiency or
38 claim for credit may be made for any period for which records are no longer
39 required. Any sums found to be due and owing upon audit shall bear interest of
40 six per cent (6%) from the date when they should have been paid until the date
41 of actual payment. If the audit discloses a deliberate and willful intent to
42 evade the requirements of appropriate payment under subsection (2)(b) of this
43 section, an additional penalty of ten per cent (10%) shall also be assessed.
44 (125) No provision of this section relating to proportional registration
45 of fleet vehicles shall be construed as requiring any vehicle to be propor-
46 tionally registered if it is otherwise registered in this state for the opera-
47 tion in which it is engaged including regular registration or temporary trip
48 permit.
49 (13) Proportionally registered vehicles having a maximum gross weight in
50 excess of sixty thousand (60,000) pounds shall pay a use fee in accordance
51 with section 49-434(4), (5), (6) and (7), Idaho Code, as applicable.
52 SECTION 9. That Section 49-435A, Idaho Code, be, and the same is hereby
53 repealed.
16
1 SECTION 10. That Section 49-436, Idaho Code, be, and the same is hereby
2 repealed.
3 SECTION 11. That Section 49-437, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 49-437. INCREASE IN MAXIMUM GROSS WEIGHT -- FEES FOR REMAINING PORTION OF
6 YEAR. (1) When a motor vehicle registered under section 49-434 or 49-435,
7 Idaho Code, has once been registered and during the year of that registration
8 increases the maximum gross weight, the higher fee due for the weight increase
9 shall be offset by the fee already paid. The fee already paid and the fee due
10 shall be prorated by one-twelfth (1/12) for each month already expired in the
11 registration year. The difference between the two (2) fees shall be the bal-
12 ance due for the remainder of the registration year. If an owner decreases the
13 weight during a registration year, the weight decrease shall not result in a
14 refund of the fees already paid.
15 (2) If a motor vehicle is not operated on any highway during the first
16 months of a calendar year, the owner may at any time thereafter be registered
17 for the remainder of the year on payment of all fees, rounded to the nearest
18 whole dollar, as provided in this chapter, less one-twelfth (1/12) of such
19 fees for each full calendar month which has expired prior to registering, but
20 in no event shall the minimum fee be less than five dollars ($5.00).
21 SECTION 12. That Section 49-438, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 49-438. PENALTY FOR EXCEEDING REGISTERED GROSS WEIGHT. Any person who
24 shall operate, cause, permit, or suffer to be operated upon any highway any
25 vehicle or combination of vehicles with a gross weight in excess of the regis-
26 tered gross weight of the vehicle specified in this title, without having paid
27 the additional registration and use fees required, shall have committed an
28 infraction.
29 SECTION 13. That Section 49-439, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 49-439. AUDIT GUIDELINES. (1) The department may audit an owner of motor
32 vehicles subject to fees pursuant to this chapter once every five four (54)
33 years unless probable cause, as defined by department rules and regulations,
34 exists that the owner has not paid fees due pursuant to this chapter or has
35 underreported or underpaid fees due pursuant to this chapter. An owner
36 selected for audit more frequently than the five four (54) years may have the
37 audit selection reviewed for determination of the absence of probable cause by
38 the district court of the county where the owner resides or where the owner's
39 place of business is located or in Ada County, at the discretion of the owner.
40 The department shall promulgate rules and regulations outlining its procedures
41 for audit selection, assignment and inventory. Any owner of motor vehicles
42 who has been subjected to an audit by the department that has not been in com-
43 pliance with the provisions of this section or rules and regulations promul-
44 gated pursuant thereto may recover attorney's fees and costs as may be deter-
45 mined by a court or may receive his attorney's fees and costs if granted, all
46 or in part, by the director all in accordance with section 12-117, Idaho Code.
47 (2) Every owner whose fees are computed as specified in section 49-434 or
48 49-435, Idaho Code, except those registering for over forty thousand (40,000)
49 miles driven under subsection (8)(c) of section 49-434, Idaho Code, shall
17
1 maintain records and permit the department to inspect the records upon request
2 to substantiate that the actual miles traveled, if using a mileage schedule in
3 subsection (8)(c) of section 49-434, Idaho Code, are less than the maximum
4 mileage schedule.
5 (3) When the records are maintained outside this state by owners engaged
6 in transportation in this state, the owner shall reimburse the department for
7 reasonable expenses incurred by the department in making audits of those
8 records and accounts at the out-of-state location. The owner or the department
9 may request that the records be presented at a place within the state desig-
10 nated by the department. The records must be presented by a representative of
11 the owner who is familiar with the records and who is responsible for the
12 safekeeping of the records.
13 (4) Every owner is required to maintain records for the current year and
14 the three (3) years immediately preceding. If an assessment has been made,
15 such fees may be collected by a proceeding in court within a period of three
16 (3) years after the assessment or a final order entered pursuant to subsection
17 (7) of this section.
18 (5) An owner who fails to maintain records as required by the provisions
19 of this section may have the registration of all vehicles registered under
20 section 49-434 or 49-435, Idaho Code, suspended until such time as adequate
21 records as required by the provisions of this section are provided. In the
22 event that the owner does not produce records, the department may assess a fee
23 based on an estimate of the operation. The department shall promulgate rules
24 specifying the methodology to be used to assess a fee based on an estimate of
25 the operation.
26 (6) An owner who fails to pay any fees due is subject to suspension of
27 vehicle registrations in addition to a penalty of ten percent (10%) of the
28 amount of fee determined to be due, plus interest of one percent (1%) of the
29 amount of the fee due for each month or fraction thereof after the fee became
30 due. An order suspending the vehicle registration shall be mailed to the owner
31 by the department. The suspension shall be canceled if the payment due is
32 made, plus penalty and interest, along with a reinstatement fee of forty dol-
33 lars ($40.00) per carrier within fifteen (15) days after receipt of the sus-
34 pension order. The department may remit all or any part of the penalty and
35 interest if satisfied that the delay was excusable. The department shall pro-
36 mulgate rules specifying when the penalty may be held in abeyance or be for-
37 given. The reinstatement fees shall be deposited to the state highway account.
38 The owner shall have the right to appeal the suspension by petitioning the
39 department for a hearing within ten (10) days after receipt of the suspension
40 order. If the suspension is subsequently canceled pursuant to the appeal, the
41 reinstatement fee shall not be due.
42 (7) An owner may contest an assessment made by the department within
43 thirty (30) days from receipt of the assessment by filing an appeal with the
44 department. Upon receipt of an appeal, the director or his authorized repre-
45 sentative shall schedule an informal conference between the owner and a repre-
46 sentative of the department. The informal conference must be conducted within
47 twenty (20) days from the date of receipt of notice of intent to appeal by the
48 owner. The owner and the representative of the department shall reduce all
49 conclusions, agreements and decisions to writing and the written report of the
50 results of that conference shall be provided to the director within ten (10)
51 days. If the results of the informal conference are not satisfactory to the
52 owner, he may continue with the appeal by informing the director in writing,
53 and the director or his authorized representative shall appoint a hearing
54 officer to conduct a contested case hearing in accordance with chapter 52,
55 title 67, Idaho Code. The hearing officer may subpoena witnesses and evidence
18
1 and administer oaths. The hearing officer shall prepare written findings of
2 fact and conclusions of law for the director or his authorized representative.
3 Upon receipt of findings of fact and conclusions of law, the director or his
4 authorized representative shall issue a final order affirming, modifying or
5 reversing the original assessment. All final orders rendered by the director
6 or his authorized representative shall be appealable in accordance with chap-
7 ter 52, title 67, Idaho Code.
8 SECTION 14. That Section 49-504, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-504. APPLICATIONS TO DEPARTMENT FOR CERTIFICATES -- PROCEDURE -- IDEN-
11 TIFICATION NUMBERS. (1) Application for a certificate of title shall be made
12 upon a form furnished by the department and shall contain a full description
13 of the vehicle including the make, identification numbers, and the odometer
14 reading at the time of sale or transfer, and whether the vehicle is new or
15 used, together with a statement of the applicant's title and of any liens or
16 encumbrances upon the vehicle, and the name and address of the person to whom
17 the certificate of title shall be delivered, and any other information as the
18 department may require. The application shall be filed with the department,
19 and if a certificate of title has previously been issued for that vehicle in
20 this state, shall be accompanied by the certificate of title duly assigned,
21 unless otherwise provided for in this chapter. The department may promulgate
22 rules and regulations to provide for exceptions to the odometer requirement.
23 (2) If a certificate of title has not previously been issued for the
24 vehicle in this state, the application, unless otherwise provided for in this
25 chapter, shall be accompanied by a proper bill of sale or a duly certified
26 copy thereof, or by a certificate of title, bill of sale or other evidence of
27 ownership required by the law of any other state from which the vehicle was
28 brought into this state, and a vehicle identification number inspection com-
29 pleted by any city, county or state peace officer or other special agent
30 authorized by the department.
31 (3) In the case of a new vehicle being titled for the first time, no cer-
32 tificate of title or registration shall be issued unless the application is
33 indorsed by a franchised new vehicle dealer licensed to sell a new vehicle.
34 Each application shall be accompanied by a manufacturers' certificate of ori-
35 gin or manufacturers' statement of origin executed by the manufacturer and
36 delivered to his agent or his franchised vehicle dealer. The certificate or
37 statement of origin shall be in a form prescribed by the board and shall con-
38 tain the year of manufacture or the model year of the vehicle, the
39 manufacturer's vehicle identification number, the name of the manufacturer,
40 the number of cylinders, a general description of the body, if any, and the
41 type or model. Upon sale of a new vehicle, the manufacturer, his agent or
42 franchised dealer shall execute and deliver to the purchaser an assignment of
43 the certificate or statement, together with any lien or encumbrance to which
44 the vehicle is subject.
45 (4) The department shall retain the evidence of title presented by the
46 applicant and on which the certificate of title is issued. The department
47 shall maintain an identification numbers index of registered vehicles, and
48 upon receiving an application for a certificate of title, shall first check
49 the identification number shown in the application against the index. The
50 department, when satisfied that the applicant is the owner of the vehicle and
51 that the application is in proper form, shall issue in the name of the owner
52 of the vehicle a certificate of title bearing a title number, the date issued
53 and a description of the vehicle as determined by the department, together
19
1 with a statement of the owner's title and of all liens or encumbrances upon
2 the vehicle, and whether possession is held by the owner under a lease, con-
3 tract or conditional sale, or other like agreement.
4 (5) In all cases of transfer of vehicles the application for certificates
5 of title shall be filed within thirty (30) calendar days after the delivery of
6 the vehicles. Licensed dealers need not apply for certificate of title for
7 vehicles in stock or when they are acquired for stock purposes.
8 (6) In the case of the sale of a vehicle by a dealer to a general pur-
9 chaser or user, the certificate of title shall be obtained in the name of the
10 purchaser by the dealer upon application signed by the purchaser. If a lien is
11 to be recorded, the title documentation as required in this section shall be
12 submitted to the department by the dealer or the lienholder upon application
13 signed by the purchaser. A copy of this application shall be given to the pur-
14 chaser to be used as a seventy-two (72) hour temporary permit. In all other
15 cases the certificates shall be obtained by the purchaser and the seller's
16 bill of sale shall serve as a seventy-two (72) hour permit. This temporary
17 permit allows operation of any noncommercial vehicle or unladened commercial
18 vehicle or vehicle combination without license plates for the period of time
19 specified in the permit. A ladened commercial vehicle or vehicle combination
20 may also operate without license plates for the period of time specified in
21 the temporary permit provided that the owner or operator has also obtained a
22 permit issued under the provisions of section 49-432, Idaho Code, and provided
23 user fees have been paid for the ladened weight and mileage.
24 (7) If the vehicle has no identification number, then the department
25 shall designate an identification number for that vehicle at the time of issu-
26 ance of the certificate of title. The identification number shall be perma-
27 nently affixed to or indented upon the frame of the vehicle and legibly main-
28 tained by the owner at all times while a certificate of title to the vehicle
29 shall be issued and outstanding.
30 SECTION 15. That Section 49-1001, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 49-1001. ALLOWABLE GROSS LOADS. The gross load imposed on the highway by
33 any vehicle or combination of vehicles shall not exceed the limits in this
34 section. The maximum single axle gross weight shall be twenty thousand
35 (20,000) pounds, the maximum single wheel gross weight shall be ten thousand
36 (10,000) pounds and the maximum gross vehicle or combination weight shall be
37 one hundred five thousand five hundred (105,500) pounds, provided that maximum
38 gross vehicle or combination weight on United States federal interstate and
39 defense highways of this state shall not exceed eighty thousand (80,000)
40 pounds, except as permitted under the provisions of section 49-1004, Idaho
41 Code.
42 (1) The total gross weight imposed on the highway by any group of consec-
43 utive axles shall be determined by the following formula:
44 W=500((LN/N-1)+12N+36)
45 Where W is the maximum weight in pounds (to the nearest 500 pounds) car-
46 ried on any group of two (2) or more consecutive axles. L is the distance in
47 feet between the extremes of any group of two (2) or more consecutive axles,
48 and N is the number of axles under consideration.
20
21
22
1 (a) A public highway agency may limit the application of the weights
2 authorized in this section as to certain highways within its jurisdiction
3 which it determines have limited structural capacity of pavements,
4 bridges, or other appurtenances. In designating such highways, it may
5 specify a minimum wheelbase for combinations to be operated thereon. It
6 may also designate specific highways or portions on which operation of a
7 combination of vehicles with seven (7) through thirteen (13) axles will be
8 subject to specified lesser allowable gross weights.
9 (b) Notwithstanding the figures shown in the table in this subsection
10 (1), two (2) consecutive sets of tandem axles may carry a gross load of
11 thirty-four thousand (34,000) pounds each, providing the overall distance
12 between the first and last axles of such consecutive sets of tandem axles
13 is thirty-six (36) feet or more.
14 (c) Vehicles may operate with reducible loads at gross weights greater
15 than one hundred five thousand five hundred (105,500) pounds but not
16 exceeding one hundred twenty-nine thousand (129,000) pounds on noninter-
17 state highways in accordance with the provisions of section 49-1004, Idaho
18 Code, provided such vehicles are in compliance with the weight formula
19 specified in this subsection (1) of this section, have registered and have
20 paid the weight-distance operating registration fees calculated as speci-
21 fied in section 49-434, Idaho Code, and are in compliance with the length
22 restrictions set forth in section 49-1010(7), Idaho Code.
23 (2) The weight limitations set forth in the table in subsection (1) of
24 this section shall not apply to any vehicle, or combination of vehicles when a
25 greater allowed weight in pounds would be permitted such vehicles under the
26 table provided in this subsection, except that with regard to transportation
27 on the United States federal interstate and defense highways of this state,
28 the following table of allowable weights shall apply only to vehicles engaged
29 in the transportation of logs, pulp wood, stull, rough lumber, poles or pil-
30 ing; or to any such vehicle engaged in the transportation of ores, concen-
31 trates, sand and gravel and aggregates thereof, in bulk; or to any such vehi-
32 cle engaged in the transportation of agricultural commodities, including live-
33 stock:
34 Distance in feet between Allowed Load in Pounds
35 the extremes of any group Vehicles with Vehicles with
36 of 2 or more consecutive Three or Four Five or more
37 axles axles axles
38 3 through 12 37,800 37,800
39 13 56,470 56,470
40 14 57,940 57,940
41 15 59,400 59,400
42 16 60,610 60,610
43 17 61,820 61,820
44 18 63,140 63,140
45 19 64,350 64,350
46 20 65,450 65,450
47 21 66,000 66,330
48 22 66,000 67,250
49 23 66,000 67,880
50 24 66,000 68,510
51 25 66,000 69,150
52 26 66,000 69,770
53 27 66,000 70,400
54 28 66,000 70,950
55 29 66,000 71,500
23
1 Distance in feet between Allowed Load in Pounds
2 the extremes of any group Vehicles with Vehicles with
3 of 2 or more consecutive Three or Four Five or more
4 axles axles axles
5 30 66,000 72,050
6 31 72,600
7 32 73,150
8 33 73,700
9 34 74,250
10 35 74,800
11 36 75,350
12 37 75,900
13 38 76,450
14 39 77,000
15 40 77,550
16 41 78,100
17 42 78,650
18 43 and over 79,000
19 The weight allowances provided in this subsection do not apply if the total
20 gross weight of a vehicle or combination of vehicles is intended to exceed
21 seventy-nine thousand (79,000) pounds as declared by the operator. When the
22 provisions of this subsection are applicable to a vehicle or combination of
23 vehicles, it shall be a violation of the provisions of this subsection if that
24 vehicle or combination of vehicles exceeds the weights specified in this
25 table.
26 (3) In determining the gross weight of a vehicle or the gross weight of
27 any two (2) or more consecutive axles under subsection (1) or (2) or (9) of
28 this section, the total gross weight of the vehicle or combination of vehicles
29 or the gross weight of any two (2) or more consecutive axles shall be the sum
30 of the axle weights.
31 For the purposes of this chapter the gross weight of a vehicle or the
32 gross weight of any two (2) or more consecutive axles may be determined by
33 accumulatively adding the separate weights of individual axles and tandem
34 axles or groups of axles to determine gross weight. The results of any weigh-
35 ing at a temporary or permanent port of entry and the records relating to the
36 calibration and accuracy of any scale at a temporary or permanent port of
37 entry shall be admissible in any proceeding in this state. In order to prove a
38 violation of the provisions of this section the state must show that:
39 (a) The sum of the axle weights exceeds what is allowable under the pro-
40 visions of subsection (1) or (2) or (9) of this section;
41 (b) The scale involved in the weighing was at the time of weighing cali-
42 brated in conformity with and met the accuracy requirements of the stan-
43 dards for the enforcement of traffic and highway laws as set forth in the
44 latest edition of handbook 44 of the national institute of standards and
45 technology;
46 (c) Weights of individual axles or axles within a commonly suspended
47 group of axles supported by a mechanical system designed to distribute
48 equal wheel loads to individual axles in the group were utilized only to
49 determine gross weights of that group of axles, and that any further eval-
50 uation of gross weights of combinations of axles considered only the accu-
51 mulated gross weight of each such commonly suspended group of axles.
52 (4) In applying the weight limitations imposed in this section, a vehicle
53 or combination of vehicles must comply exclusively with the weight limitations
54 in either subsection (1) or (2) or (9) of this section.
24
1 (5) In applying the weight limitations imposed in this section, the dis-
2 tance between axles shall be measured to the nearest even foot. When a frac-
3 tion is exactly one-half (1/2) foot the next larger whole number shall be
4 used.
5 (6) The limitations imposed in this section are in addition and supple-
6 mental to all other laws imposing limitations upon the size and weight of
7 vehicles. Further, single axles within groups of axles are subject to the pro-
8 visions and limitations of this chapter. Single axles within groups of axles
9 may be weighed and evaluated separately, or single axles may be prequalified
10 in accordance with rules or ordinances established by the board or other pub-
11 lic road jurisdiction, if any of the following conditions exist regarding the
12 single axle within a group of axles:
13 (a) A suspension system common to all axles in the group of axles does
14 not exist.
15 (b) One (1) or more axles in the group of axles is equipped with separate
16 variable load suspension controls to regulate the weight carried by indi-
17 vidual axles.
18 (c) One (1) or more axles in a group of axles is equipped with more or
19 fewer tires than other axles in the group of axles.
20 (d) All tires in the group of axles are not the same size as determined
21 by the manufacturer's sidewall rating.
22 (7) Notwithstanding the other provisions of this chapter, no vehicle,
23 motor vehicle, trailer and/or semitrailer, or combination thereof, may be
24 operated on the public highways of the state under loads which would result in
25 the withholding of funds by operation of controlling federal law as provided
26 in the Federal Aid Highway Act of 1956, as amended.
27 (8) Except as provided herein, no vehicle or combination of vehicles may
28 proceed past the place of weighing at temporary or permanent ports of entry or
29 checking stations when: the weight of a single axle exceeds the maximum limi-
30 tations set forth herein by two thousand (2,000) pounds or more; the weight of
31 a combination of axles, or gross vehicle weight exceeds the maximum allowable
32 weight as set forth herein by seven percent (7%) or more. Vehicles or combina-
33 tions of vehicles which exceed the weight limitations set forth herein shall
34 be required to be brought into compliance with applicable weight limitations
35 contained within this subsection at the place of weighing prior to continuing,
36 except those vehicles or combinations of vehicles which are transporting loads
37 which, in the determination of the board or other proper authorities in charge
38 of or having jurisdiction over a highway, are deemed unsafe or impractical to
39 bring into compliance at the place of weighing, and except those vehicles
40 which do not exceed fifteen percent (15%) over maximum axle and axle group
41 weights set forth in this section. Vehicles or combinations of vehicles trans-
42 porting loads in this latter category shall obtain a travel authorization to
43 the nearest place of safe unloading, load adjustment or other means of
44 legalization.
45 (a) Neither the state of Idaho or its employees, nor any authority and
46 its employees in charge of or having jurisdiction over a highway, shall be
47 held liable for personal injury or property damage resulting from the
48 requirements of section 49-1001(8), Idaho Code.
49 (b) The fee for a travel authorization as set forth above shall be fifty
50 dollars ($50.00) and shall be on a form prescribed by the board or other
51 proper authorities, and shall not be construed as contributing to a reduc-
52 tion in the penalties prescribed in section 49-1013, Idaho Code.
53 (c) The board or other proper authorities in charge of or having juris-
54 diction over a highway shall adopt and enforce administrative rules as may
55 be necessary to carry out the provisions of this section.
25
1 (9) For vehicles on all highways except the United States federal inter-
2 state and defense highways of this state, the following table shall apply:
3 Distance in feet between Allowed Load in Pounds
4 the extremes of any group Vehicles with Vehicles with
5 of 2 or more consecutive Three or Four Five or more
6 axles axles axles
7 3 through 12 37,800 37,800
8 13 56,470 56,470
9 14 57,940 57,940
10 15 59,400 59,400
11 16 60,610 60,610
12 17 61,820 61,820
13 18 63,140 63,140
14 19 64,350 64,350
15 20 65,450 65,450
16 21 66,000 66,330
17 22 66,000 67,250
18 23 66,000 67,880
19 24 66,000 68,510
20 25 66,000 69,150
21 26 66,000 69,770
22 27 66,000 70,400
23 28 66,000 70,950
24 29 66,000 71,500
25 30 66,000 72,050
26 31 72,600
27 32 73,150
28 33 73,700
29 34 74,250
30 35 74,800
31 36 75,350
32 37 75,900
33 38 76,450
34 39 77,000
35 40 77,550
36 41 78,100
37 42 78,650
38 43 and over 80,000
39 The weight allowances provided in this subsection do not apply if the total
40 gross weight of a vehicle or combination of vehicles is intended to exceed
41 eighty thousand (80,000) pounds as declared by the operator. When the provi-
42 sions of this subsection are applicable to a vehicle or combination of vehi-
43 cles, it shall be a violation of the provisions of this subsection if that
44 vehicle or combination of vehicles exceeds the weights specified in this
45 table.
46 (10) When owned by or under contract to or under authority of a city,
47 county, or state agency, refuse/sanitation trucks transporting refuse may be
48 operated on public highways in accordance with the weights allowed in subsec-
49 tion (9) of this section, except that such trucks equipped with single rear
50 axles are allowed twenty-four thousand (24,000) pounds on that single rear
51 axle when specifically authorized by the public highway agency governing the
52 highways over which the refuse/sanitation truck is operating and provided the
53 following conditions are met:
54 (a) The weight allowances provided for in this subsection shall not apply
26
1 to the United States federal interstate and defense highways of the state;
2 and
3 (b) The owner or operator has paid an annual operating fee for a permit,
4 not to exceed fifty dollars ($50.00) per refuse/sanitation truck to each
5 public agency governing the public highways over which the
6 refuse/sanitation truck operates. The permit shall be carried in the
7 refuse/sanitation truck. The permit fee may be waived by a public agency
8 for refuse/sanitation trucks operated over public highways under that
9 agency's jurisdiction.
10 (11) Variable load suspension axles shall meet the following criteria in
11 order to be included in the computation of gross vehicle or axle weight limits
12 for vehicles under the provisions of this section:
13 (a) The deployment control switch for such axles may be located inside of
14 the driver's compartment but the pressure regulator valve for the opera-
15 tion of pressure on the pavement shall be located outside of and inacces-
16 sible to the driver's compartment.
17 (b) The manufacturer's gross axle weight rating of each such axle must
18 not be less than the actual loading of the axle.
19 (c) All variable load suspension axles mounted on a vehicle after January
20 1, 1990, shall be designed to be self-steering in a manner that will guide
21 or direct the variable load suspension mounted wheels through a turning
22 movement without undue tire scrubbing or pavement scuffing.
23 (d) The manufacturer's gross tire weight rating of each tire must not be
24 less than the actual loading of the tire.
25 (e) Variable load suspension axles must be fully deployed or fully
26 raised. For applicable definitions, see sections 49-117 and 49-123, Idaho
27 Code.
28 (12) Any person who operates a motor vehicle with a variable load suspen-
29 sion axle in violation of the provisions of this section shall be subject to
30 the penalties provided in section 49-1013, Idaho Code.
31 SECTION 16. That Section 49-1004, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 49-1004. PERMITS FOR OVERWEIGHT OR OVERSIZE LOADS. (1) Upon application
34 in writing to the board or other proper authorities in charge of, or having
35 jurisdiction over a highway, the board or authorities may in their discretion
36 issue a special permit to the owner or operator of any vehicle allowing vehi-
37 cles or loads having a greater weight or size than permitted by law to be
38 moved or carried over and on the highways and bridges.
39 (a) Special permits shall be in writing and may limit the time of use and
40 operation over the particular highways and bridges which may be traversed
41 and may contain any special conditions and require any undertaking or
42 other security as the board or other proper authority shall deem to be
43 necessary to protect the highways and bridges from injury, or provide
44 indemnity for any injury to highways and bridges or to persons or property
45 resulting from such operation.
46 (b) The owner or operator of an overweight or oversize vehicle shall
47 obtain a permit, or shall establish intent to obtain a permit by
48 contacting a permit office and receiving a permit number before moving the
49 vehicle on the highways.
50 (c) All special permits or evidence of intent to obtain a permit, shall
51 be carried in the vehicles to which they refer and shall upon demand be
52 delivered for inspection to any peace officer, authorized agent of the
53 board or any officer or employee charged with the care or protection of
27
1 the highways.
2 (2) Nonreducible vehicles or combinations of vehicles hauling
3 nonreducible loads at weights in excess of those set forth in section
4 49-1001, Idaho Code, shall pay fees as set forth in this subsection (2). Such
5 fees are based on the number of axles on the vehicle or combination of vehi-
6 cles and the total gross weight.
7 Column 1 Column 2
8 Number of axles Gross weight of vehicle Gross weight of vehicle
9 and load in pounds and load in pounds
10 2 40,001 -
11 3 54,001 -
12 4 68,001 -
13 5 80,001 131,001
14 6 97,001 148,001
15 7 114,001 165,001
16 (a) To determine the maximum allowable permit fee for vehicles with more
17 than seven (7) axles, the table can be extended by adding seventeen thou-
18 sand (17,000) pounds to the last listed weight in both columns 1 and 2 for
19 each added axle.
20 (b) Permit fees for column 1 shall start at four cents (4) per mile and
21 increase four cents (4) per mile for each additional two thousand (2,000)
22 pound increment up to the weight indicated in column 2. Permit fees for
23 column 2 shall start at one dollar and two cents ($1.02) per mile and
24 increase seven cents (7) per mile for each additional two thousand
25 (2,000) pound increment.
26 (c) Vehicles operating at weights less than the starting weights per axle
27 configuration listed in column 1 shall be charged fees as stated in sec-
28 tion 49-434(9), Idaho Code four cents (4) per mile.
29 (d) For vehicles operating with axles wider than eight (8) feet six (6)
30 inches or axles with more than four (4) tires per axle, the fee may be
31 reduced by the board or other proper authority having jurisdiction over a
32 highway.
33 (e) From July 1, 1998, through June 30, 1999, the fee charged per mile
34 pursuant to this subsection shall be assessed at one-half (1/2) the calcu-
35 lated fee. On and after July 1, 1999, the fee charged per mile shall be
36 calculated and assessed in accordance with this subsection.
37 (3) It shall be unlawful for any person to violate, or to cause or permit
38 to be violated, the limitations or conditions of special permits and any
39 violation shall be deemed for all purposes to be a violation of the provisions
40 of this chapter.
41 (24) A special pilot project route permit authorizing travel on pilot
42 project routes may be issued by the board or a local public highway agency for
43 operation of vehicles with a legal maximum gross weight of at least one hun-
44 dred five thousand five hundred one (105,501) pounds but not exceeding one
45 hundred twenty-nine thousand (129,000) pounds. Such pilot project routes on
46 nonstate and noninterstate highways shall be determined by the local highway
47 agency for those roads under its jurisdiction, based on criteria established
48 by the board. No local public highway agency shall approve a pilot project
49 route which provides a thoroughfare for interstate carriers to pass through
50 the state. State pilot project routes designated by the board based on crite-
51 ria established by the board and identified on a map entitled "Designated
52 Pilot Project Routes" are:
53 (a) Ashton to Kimberly to Twin Falls to Nevada using US-20, US-30, SH-33,
54 US-93, SH-25, SH-50 and SH-74.
55 (b) Interstate 15 to Wyoming or Utah border using US-30, SH-34 and US-91.
28
1 Additions or deletions to the approved state pilot project routes specified in
2 paragraphs (a) and (b) of this subsection (24) shall be made only with the
3 approval of the state legislature.
4 (35) An annual administrative permit fee for operating on pilot project
5 routes at the weights specified in subsection (24) of this section shall be
6 set by the board for travel on state pilot project routes and by the local
7 public highway agency for travel on routes under its jurisdiction, but not to
8 exceed a maximum of fifty dollars ($50.00) per vehicle. The annual permit
9 shall cover administrative costs. Local public highway agencies are authorized
10 to request the department to issue permits on their behalf. Permit fees for
11 permits issued by the department shall be retained by the department to cover
12 administrative costs. In addition to the annual administrative permit fee and
13 the weight-distance fee for weights up to one hundred five thousand five hun-
14 dred (105,500) pounds, the appropriate weight-distance fee for weights over
15 one hundred five thousand five hundred (105,500) pounds shall be calculated
16 and collected in accordance with the fee schedules set forth in section
17 49-434, Idaho Code.
18 SECTION 17. LEGISLATIVE INTENT. It is legislative intent that, contingent
19 upon certification by the Secretary of State that he has received notice from
20 the appropriate court of the Fourth Judicial District that the court has
21 granted final approval of a settlement pursuant to Case No. CVOC9700724D,
22 American Trucking Association v. State of Idaho, et. al., the following provi-
23 sions for transition from a combination of registration fees and weight-
24 distance use fees to a system of registration fees only, shall be:
25 (1) With regard to registrations for vehicles exceeding sixty thousand
26 pounds gross vehicle weight which expire on December 31, 2000, the Idaho
27 Transportation Department may accept payment for registration fees that will
28 become effective on January 1, 2001, beginning October 1, 2000, and the owners
29 of those vehicles shall cease to accrue new liability for repealed weight-
30 distance use fees on January 1, 2001, and shall be liable for the new regis-
31 tration fees on January 1, 2001. Not later than the last day of March, 2001,
32 each such owner shall file with the department a statement of the miles each
33 vehicle has traveled over the public highways of the state of Idaho for the
34 fourth calendar quarter of 2000 and shall remit the weight-distance use fees
35 for that calendar quarter.
36 (2) With regard to registration under the International Registration Plan
37 for vehicles exceeding sixty thousand pounds gross vehicle weight which expire
38 in any month of the year 2001, the owners of those vehicles shall cease to
39 accrue new liability for the repealed weight-distance use fees and shall be
40 liable for the new registration fees on the first day of the month during
41 which their registration is due. Owners of vehicles whose registration for the
42 year 2001 has not yet expired during a given calendar quarter shall continue
43 to accrue, report and remit the weight-distance use fees until the quarter in
44 which their registration expires under the repealed weight-distance statutes.
45 (3) All owners of vehicles exceeding sixty thousand pounds gross vehicle
46 weight shall continue to be liable for weight-distance use fees accrued before
47 the registration of a given vehicle expires, either on December 31, 2000, or
48 during the year 2001, for the same time that they would be liable under the
49 repealed weight-distance use fees. Not later than ninety days after the last
50 day of the month in which the vehicle registration expires, each such owner
51 shall file with the department a statement of the miles each vehicle traveled
52 over the public roads and highways of the state of Idaho for which the owner
53 was liable for weight-distance use fees and shall remit the weight-distance
54 use fees.
29
1 (4) The Idaho Transportation Department may continue to enforce the
2 repealed statutes addressing payment and collection of weight-distance use
3 fees to audit and collect weight-distance use fees for the limitation period
4 that would be in effect if the weight-distance use fees had not been repealed.
5 SECTION 18. Notwithstanding any other provision of law, the State Trea-
6 surer shall make $27,000,000 in Idaho Petroleum Clean Water Trust Fund moneys
7 available for transfer pursuant to Section 19 of this act.
8 SECTION 19. Notwithstanding any other provision of law, there is hereby
9 appropriated and the State Controller is hereby directed to transfer
10 $27,000,000 from the Idaho Petroleum Clean Water Trust Fund to the American
11 Trucking Association Settlement Fund, established in Section 40-710, Idaho
12 Code.
13 SECTION 20. Beginning on the first business day of the first month fol-
14 lowing the effective date of this act, but no sooner than January 1, 2001,
15 when the balance of the Highway Distribution Account contains sufficient funds
16 and before distributions are made pursuant to Section 40-701(2), Idaho Code,
17 the State Controller shall transfer $562,500 plus interest, at a rate deter-
18 mined by the State Treasurer, from the Highway Distribution Account to the
19 Idaho Petroleum Clean Water Trust Fund. The State Controller shall make a sim-
20 ilar transfer each succeeding month for a total of forty-eight (48) months or
21 until such time as $27,000,000 plus interest has been repaid. Any outstanding
22 loan balance will not reduce the unencumbered balance of the Idaho Petroleum
23 Clean Water Trust Fund regarding Section 41-4908(10), Idaho Code.
24 SECTION 21. Sections 1, 18, 19 and 20 of this act shall be in full force
25 and effect on and after July 1, 2000, contingent upon certification by the
26 Secretary of State that he has received notice from the appropriate court of
27 the Fourth Judicial District that the court has granted final approval of a
28 settlement pursuant to Case No. CVOC9700724D, American Trucking Association v.
29 State of Idaho, et al., or on and after the date the Secretary of State so
30 certifies final approval of the settlement, whichever occurs later.
31 SECTION 22. Sections 2 through 17 of this act shall be in full force and
32 effect on and after October 1, 2000, contingent upon certification by the Sec-
33 retary of State that he has received notice from the appropriate court of the
34 Fourth Judicial District that the court has granted final approval of a set-
35 tlement pursuant to Case No. CVOC9700724D, American Trucking Association v.
36 State of Idaho, et al., or on and after the date the Secretary of State so
37 certifies final approval of the settlement, whichever occurs later.
STATEMENT OF PURPOSE
RS10299C1
Fourth Judicial District, District court Judge McLaughlin's ruled in Case
No. CVOC9700724D, American Trucking Association v. State of Idaho et. al.
that Idaho's limited commodity use fee rate schedule under Section 49-434 (9),
idaho Code, violates the Commerce Clause of the United States Constitution and
is, therefore, invalid. In accordance with the court's ruling, the schedule for
limited commodity carriers will increase to the use fee rate schedule under section
49-434 (8), Idaho Code on April 1, 2000.
This legislation repeals the use fee tax schedule based on mills per mile for
vehicles weighing in excess of 60,000 pounds hauling limited and regular
commodities and replaces it with an annual registration system. The new
registration schedule of fees, effective October 1, 2000, (contingent on
certification of court approval) provides reduced rates for vehicles operating fewer
than 7,500 miles per year and also for vehicles operating at 7,501 to 40,000 miles
per year. A carrier operating less than 2,500 miles per year would pay a flat rate
regardless of weight. The audit frequency for carriers is changed from five to four
years to conform with standard practices and to comply with the statute of
limitations on record retention. To provide an easy transition to the new
registration system, all carriers registered prior to October 1, 2000, will continue
to pay under the weight-distance tax schedule until their current registration
expires.
A one-time settlement payment is authorized from the Petroleum Clean
Water Trust Fund (PCWTF) to a newly created American Trucking Association
Settlement Fund, effective July 1, 2000 (contingent on certification of court
approval). A four-year payback schedule is created to reimburse the PCWTF
beginning the first month following the, effective date of this legislation
(contingent on certification of court approval), but no sooner than January 1,
2001.
This legislation is contingent upon certification by the Secretary of State
that he has received notice from the appropriate court of the Fourth Judicial
District that the court has granted final approval of the American Trucking
Association (ATA) settlement agreement pursuant to Cast No. CVOC9700724D.
If the Secretary of State has not certified receipt of the court's approval, then no
part of this legislation will become effective until such certification is issued.
FISCAL IMPACT
Implementation of the replacement registration fee schedule is intended to
be revenue neutral to the Highway Distribution Account plus an additional 10%
for the purpose of funding the ATA settlement obligations.
The impact to the PCWTF will be a loan of $27 million on July 1, 2000, to
the American Trucking Association Settlement Fund. Repayment will be made to
the PCWTF from the Highway Distribution Account in monthly installments over
a four-year period or until such time as $27 million plus interest as set by the State
Treasurer has been repaid.
CONTACTS
NAME: Senator Evan Frasure, Representative Jim Kempton
PHONE: 332-1000
Name: Mary York, Deputy Attorney General
Agency: Department of Transportation
Phone: 334-8812
STATEMENT OF PURPOSE/ FISCAL NOTE S 1577