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H0561.........................................by TRANSPORTATION AND DEFENSE
MOTORCYCLES - ALL-TERRAIN VEHICLES - Amends existing law to provide an
exemption from the requirement to obtain a motorcycle endorsement when
operating motorcycles on specially designated highways on public land; to
require registration fees for motorcycles operated on public highways and
for motorcycles and all-terrain vehicles operated off the public highways;
to provide exemptions from operating fees for motorcycles and all-terrain
vehicles used on unpaved highways and specially designated highways on
public land; to provide for application of certain criminal and motor
vehicle laws; to provide that political subdivisions of the state may adopt
ordinances designating certain highways upon which unregistered all-terrain
vehicles and motorcycles may be operated; to provide that costs relating to
posting of the signs are eligible for reimbursement; to provide for
registration of all-terrain vehicles or motorcycles used off highways and
to provide an exemption; to provide a reference to motorbike/ATV
registration stickers; and to provide the effective period for the
stickers.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Transp
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 54-11-5
AYES -- Alltus, Barraclough, Barrett, Bieter, Bruneel, Callister,
Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Judd, Kellogg, Kempton, Kendell, Linford,
Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moss,
Moyle, Pearce, Pischner, Pomeroy, Ridinger, Ringo, Sali, Sellman,
Shepherd, Smylie, Stevenson, Stone, Taylor, Tilman, Trail, Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- Bell, Boe, Campbell, Chase, Gould, Jaquet, Lake, Marley,
Robison, Smith, Stoicheff
Absent and excused -- Black, Jones, Kunz, Reynolds, Schaefer
Floor Sponsor - Alltus
Title apvd - to Senate
02/29 Senate intro - 1st rdg - to Transp
03/24 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
04/04 3rd rdg - PASSED - 28-5-2
AYES--Andreason, Bunderson, Burtenshaw, Cameron, Crow, Darrington,
Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, Lee,
McLaughlin, Parry, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Thorne, Walton, Wheeler, Williams
NAYS--Boatright, King-Barrutia, Noh, Stennett, Whitworth
Absent and excused--Danielson, Davis
Floor Sponsor - Frasure
Title apvd - to House
04/04 To enrol - rpt enrol - Sp signed
04/05 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 315
Effective: 07/01/00
H0561
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 561
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO MOTORCYCLES AND ALL-TERRAIN VEHICLES; AMENDING SECTION 49-302,
3 IDAHO CODE, TO PROVIDE AN EXEMPTION FROM THE REQUIREMENT TO OBTAIN A
4 MOTORCYCLE ENDORSEMENT WHEN OPERATING MOTORCYCLES ON SPECIALLY DESIGNATED
5 HIGHWAYS ON PUBLIC LAND; AMENDING SECTION 49-402, IDAHO CODE, TO REQUIRE
6 REGISTRATION FEES FOR MOTORCYCLES OPERATED ON PUBLIC HIGHWAYS AND FOR
7 MOTORCYCLES AND ALL-TERRAIN VEHICLES OPERATED OFF THE PUBLIC HIGHWAYS AND
8 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-426, IDAHO CODE, TO
9 PROVIDE EXEMPTIONS FROM OPERATING FEES FOR MOTORCYCLES AND ALL-TERRAIN
10 VEHICLES USED ON UNPAVED HIGHWAYS AND SPECIALLY DESIGNATED HIGHWAYS ON
11 PUBLIC LAND, TO PROVIDE FOR APPLICATION OF CERTAIN CRIMINAL LAWS AND MOTOR
12 VEHICLE LAWS, TO PROVIDE THAT POLITICAL SUBDIVISIONS OF THE STATE MAY
13 ADOPT ORDINANCES DESIGNATING CERTAIN HIGHWAYS UPON WHICH UNREGISTERED ALL-
14 TERRAIN VEHICLES AND MOTORCYCLES MAY BE OPERATED AND TO PROVIDE THAT COSTS
15 RELATING TO POSTING OF SIGNS ARE ELIGIBLE FOR REIMBURSEMENT THROUGH THE
16 MOTORBIKE RECREATION ACCOUNT; AND AMENDING SECTION 67-7122, IDAHO CODE, TO
17 PROVIDE FOR REGISTRATION OF ALL-TERRAIN VEHICLES OR MOTORCYCLES USED OFF
18 HIGHWAYS OR ON SPECIALLY DESIGNATED HIGHWAYS, TO PROVIDE AN EXEMPTION, TO
19 PROVIDE A REFERENCE TO MOTORBIKE/ATV REGISTRATION STICKERS, TO PROVIDE THE
20 EFFECTIVE PERIOD OF THE REGISTRATION STICKERS, TO PROVIDE REFERENCES TO
21 ALL-TERRAIN VEHICLES AND MOTORBIKES, TO PROVIDE AN EXEMPTION FROM STANDARD
22 MOTOR VEHICLE REGISTRATION FOR ALL-TERRAIN VEHICLES AND MOTORBIKES USED ON
23 CERTAIN HIGHWAYS AND TO MAKE TECHNICAL CORRECTIONS.
24 Be It Enacted by the Legislature of the State of Idaho:
25 SECTION 1. That Section 49-302, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 49-302. WHAT PERSONS ARE EXEMPT FROM LICENSE. The following persons are
28 exempt from licensing if driving privileges are not suspended, cancelled,
29 revoked, disqualified, denied or refused:
30 (1) Any person while driving or operating any farm tractor or implement
31 of husbandry when incidentally operated on a highway.
32 (2) Farmers are exempt from obtaining a class A, B or C driver's license
33 to operate a commercial motor vehicle which is:
34 (a) Controlled and operated by a farmer, including operation by employees
35 or family members; and
36 (b) Used to transport either agricultural products, farm machinery, farm
37 supplies, or both, to or from a farm; and
38 (c) Not used in the operations of a common or contract motor carrier; and
39 (d) Used within one hundred fifty (150) miles of the person's farm.
40 (3) Any person is exempt from obtaining a class A, B or C driver's
41 license for the operation of commercial motor vehicles which are necessary to
42 the preservation of life or property or the execution of emergency governmen-
43 tal functions, are equipped with audible and visual signals, and are not sub-
2
1 ject to normal traffic regulations.
2 (4) Any person is exempt from obtaining a class A, B or C license to
3 operate a commercial vehicle which is exclusively used to transport personal
4 possessions or family members for nonbusiness or recreational purposes.
5 (5) A nonresident who is at least fifteen (15) years of age and who has
6 in his immediate possession a valid driver's license issued to him in his home
7 state or country may operate a motor vehicle in Idaho only as a class D opera-
8 tor with driving privileges restricted to daylight hours only, and with full
9 privileges at sixteen (16) years of age, and only if Idaho residency is not
10 established.
11 (6) A nonresident who is at least fifteen (15) years of age and who has
12 in his possession a valid driver's license with a motorcycle endorsement or
13 who has a valid motorcycle driver's license issued to him in his home state or
14 country may operate a motorcycle in Idaho with driving privileges restricted
15 to daylight hours only, and with full privileges at sixteen (16) years of age.
16 (7) A nonresident who has in his immediate possession a valid commercial
17 driver's license issued to him in his home state or country may operate a
18 motor vehicle in Idaho.
19 (8) A nonresident on active duty in the armed forces of the United States
20 who has a valid driver's license issued by his home jurisdiction, and such
21 nonresident's spouse or dependent son or daughter who has a valid driver's
22 license issued by such person's home jurisdiction.
23 (9) Any active duty military personnel, active duty U.S. coast guard per-
24 sonnel, and members of the reserves and national guard on active duty includ-
25 ing personnel on full-time national guard duty, personnel on part-time train-
26 ing and national guard military technicians who as civilians are required to
27 wear military uniforms and are subject to the code of military justice, are
28 exempt from obtaining a commercial driver's license to operate military vehi-
29 cles. This exemption does not apply to U.S. reserve technicians.
30 (10) Any person with a valid driver's license issued in their name is
31 exempt from the requirement to obtain a motorcycle endorsement on the license
32 when operating a motorcycle on highways or sections of highways designated for
33 unregistered motorcycle use under section 49-426(3), Idaho Code.
34 SECTION 2. That Section 49-402, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
37 truck and each other motor vehicle having a maximum gross weight not in excess
38 of eight thousand (8,000) pounds shall be:
39 Vehicles one (1) and two (2) years old ............................ $48.00
40 Vehicles three (3) and four (4) years old ......................... $36.00
41 Vehicles five (5) and six (6) years old ........................... $36.00
42 Vehicles seven (7) and eight (8) years old ........................ $24.00
43 Vehicles over eight (8) years old ................................. $24.00
44 There shall be twelve (12) registration periods, starting in January for
45 holders of validation registration stickers numbered 1, and proceeding consec-
46 utively through December for holders of validation registration stickers num-
47 bered 12, each of which shall start on the first day of a calendar month and
48 end on the last day of the twelfth month from the first day of the beginning
49 month. Registration periods shall expire midnight on the last day of the reg-
50 istration period in the year designated by the validation registration
51 sticker. The numeral digit on the validation registration stickers shall, as
52 does the registration card, fix the registration period under the staggered
53 plate system of Idaho for the purpose of reregistration and notice of expira-
3
1 tion.
2 A vehicle that has once been registered for any of the above designated
3 periods shall, upon reregistration, be registered for the period bearing the
4 same number, and the registration card shall show and be the exclusive proof
5 of the expiration date of registration and licensing. Vehicles may be ini-
6 tially registered for less than a twelve (12) month period, or for more than a
7 twelve (12) month period, and the fee prorated on a monthly basis if the frac-
8 tional registration tends to fulfill the purpose of the monthly series regis-
9 tration system.
10 (2) For all motorcycles and all-terrain vehicles operated upon the pub-
11 lic highways the annual fee shall be nine dollars ($9.00). For operation of an
12 ATV all-terrain vehicle or motorcycle off the public highways, the fee speci-
13 fied in section 67-7122, Idaho Code, shall also be paid. Registration exemp-
14 tions provided in section 49-426(2) and (3), Idaho Code, apply to all-terrain
15 vehicles and motorcycles used for the purposes described in that subsections
16 (2) and (3) of section 49-426, Idaho Code.
17 (3) For all motor homes the fee shall be as specified in subsection (1)
18 of this section and shall be in addition to the fees provided for in section
19 49-445, Idaho Code.
20 (4) Registration fees shall not be subject to refund.
21 (5) A financial institution or repossession service contracted to a
22 financial institution repossessing vehicles under the terms of a security
23 agreement shall move the vehicle from the place of repossession to the finan-
24 cial institution's place of business on a repossession plate. The repossession
25 plate shall also be used for demonstrating the vehicle to a prospective pur-
26 chaser for a period not to exceed ninety-six (96) hours. The registration fees
27 for repossession plates shall be as required in subsection (1) of this section
28 for a vehicle one (1) and two (2) years old. All other fees required under
29 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
30 The repossession plate shall be issued on an annual basis by the department.
31 (6) In addition to the annual registration fee in this section, there
32 shall be an initial program fee of twenty-five dollars ($25.00) and an annual
33 program fee of fifteen dollars ($15.00) for all special license plate programs
34 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408,
35 49-409, 49-414, 49-416 and 49-418, Idaho Code. For special plates issued pur-
36 suant to sections 49-406 and 49-406A, Idaho Code, there shall be an initial
37 program fee of twenty-five dollars ($25.00) but there shall be no annual
38 renewal fee. For special plates issued pursuant to sections 49-417, 49-417A,
39 49-417B, 49-418A, 49-419, 49-419A and 49-420, Idaho Code, there shall be an
40 initial program fee of thirty-five dollars ($35.00) and an annual program fee
41 of twenty-five dollars ($25.00). For special plates issued pursuant to section
42 49-418A, Idaho Code, the initial program fee and the annual renewal fee shall
43 be fifty dollars ($50.00). The fees contained in this subsection shall be
44 applicable to all new special plate programs. The initial program fee and the
45 annual program fee shall be deposited as specified by law for each program.
46 SECTION 3. That Section 49-426, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 49-426. EXEMPTIONS FROM OPERATING FEES. The provisions of this chapter
49 with respect to operating fees shall not apply to:
50 (1) Motor vehicles owned or leased by the United States, the state, a
51 city, a county, any department thereof, any political subdivision or municipal
52 corporation of the state, any taxing district of the state, any state regis-
53 tered nonprofit subscription fire protection unit, or any organization,
4
1 whether incorporated or unincorporated, organized for the operation, mainte-
2 nance, or management of an irrigation project or irrigation works or system or
3 for the purpose of furnishing water to its members or shareholders, but in
4 other respects shall be applicable.
5 (2) Farm tractors, implements of husbandry, those manufactured homes
6 which qualify for an exemption under the provisions of section 49-422, Idaho
7 Code, road rollers, wheel mounted tar buckets, portable concrete and/or mortar
8 mixers, wheel mounted compressors, tow dollies, portable toilet trailers,
9 street sweepers, and similar devices as determined by the department which are
10 temporarily operated or moved upon the highways need not be registered under
11 the provisions of this chapter, nor shall implements of husbandry be consid-
12 ered towed units under registration of vehicle combinations as defined in sec-
13 tion 49-108(2), Idaho Code. In addition, self-propelled wheelchairs, three-
14 wheeled bicycles, wheelchair conveyances, golf carts, lawn mowers, and
15 scooters operated by persons who by reason of physical disability are other-
16 wise unable to move about as pedestrians shall be exempt from registration
17 requirements under the provisions of this chapter. Motorcycles and all-terrain
18 vehicles, as defined in section 67-7101, Idaho Code, need not be registered
19 under the provisions of this chapter while if they are:
20 (a) Bbeing used exclusively in connection with agricultural, horticul-
21 tural, dairy and livestock growing and feeding operations or used exclu-
22 sively for snow removal purposes. Travel upon the public highways shall be
23 limited to travel between farm or ranch locations. Motorcycles and all-
24 terrain vehicles used for this purpose shall meet the requirements of sec-
25 tion 49-619, Idaho Code; or
26 (b) Used exclusively on unpaved highways located on state public lands or
27 federal public lands which are not part of the highway system of the state
28 of Idaho, a county, highway district or city, provided the registration
29 requirements of section 49-402 or section 67-7122, Idaho Code, are met.
30 (3) Any political subdivision of the state of Idaho may, but only after
31 sufficient public notice is given and a public hearing held, adopt local ordi-
32 nances designating highways or sections of highways under its jurisdiction
33 upon which unregistered all-terrain vehicles and motorcycles may be operated.
34 No controlled access highways shall be designated under this subsection. The
35 requirements of title 18 and chapters 6, 8, 12, 13 and 14, title 49, Idaho
36 Code, shall apply to the operation of any unregistered motorcycle and all-
37 terrain vehicle upon such designated highways. Costs related to the posting of
38 signs on such designated highways or sections of highways indicating the ordi-
39 nance are eligible for reimbursement through the motorbike recreation account
40 created in section 67-7126, Idaho Code.
41 SECTION 4. That Section 67-7122, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 67-7122. REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) Commencing Janu-
44 ary 1, 1987 and oOn or before January 1 of each subsequent year, the owner of
45 any all-terrain vehicle or motorbike as defined in section 67-7101, Idaho
46 Code, used off public highways or on highways designated as prescribed in sec-
47 tion 49-426(3), Idaho Code, but excluding those vehicles used exclusively on
48 private land for agricultural use or used exclusively for snow removal pur-
49 poses, shall register that vehicle at any vendor authorized by the department.
50 A fee of ten dollars ($10.00) shall be charged for each registration, which
51 fee includes a one dollar and fifty cent ($1.50) vendor fee. At the time of
52 sale from any dealer, each motorbike or all-terrain vehicle sold to an Idaho
53 resident, but excluding those vehicles to be used exclusively on private land
5
1 for agricultural use or used exclusively for snow removal purposes, must be
2 registered before it leaves the premises. Application blanks and stickers
3 shall be supplied by the department and the registration sticker shall be
4 issued to the person making application for registration. The vendor issuing
5 the registration sticker shall, upon receipt of the application in approved
6 form, issue to the applicant an off-highway vehicle motorbike/ATV sticker and
7 shall note the number of the sticker in his records and shall supply a dupli-
8 cate copy of the application form, noting the number of the sticker issued, to
9 the department. All stickers which are issued shall be in force through Janu-
10 ary 1 December 31 of the following issued year. All registration stickers
11 shall be renewed by the owner of the off-highway vehicle all-terrain vehicle
12 or motorbike in the same manner provided for in the initial securing of the
13 same. The issued sticker shall be placed upon the off-highway vehicle all-
14 terrain vehicle or motorbike in such a manner that it is completely visible
15 and shall be kept in a legible condition at all times.
16 (2) For operation of an all-terrain vehicle or motorbike on the public
17 highways, the vehicle shall also be registered pursuant to the provisions of
18 section 49-402, Idaho Code, except for those highways defined in section
19 49-426, Idaho Code.
STATEMENT OF PURPOSE
09816C1
This proposed legislation is intended to reduce the confusion and ease dual
registration requirements imposed on off-highway motorbike and all-terrain
vehicle operators who typically operate their vehicles off-highway or on
primitive, unpaved roadways and trails.
This proposal provides an exemption from the registration and motorcycle
endorsement provision of Title 49 for off-highway motorbikes and all-terrain
vehicles that are operated on unpaved highways located on state and federal
public lands that are not managed by the Idaho Transportation Department,
Highway Districts, Counties, and Cities. The proposal also gives political
subdivisions of the State of Idaho the ability to designate highways or sections of
highways for unregistered off- highway motorbike and all-terrain vehicle use.
FISCAL IMPACT
No significant difference in revenues from registration fees is anticipated due to
the clarification of the registration statute. All enforcement agencies may apply
for grants through the state motorbike recreation account for any costs incurred
relating to this proposal.
Contact
Name: Rep. ALLTUS
Jim Poulsen- Department of Parks and Recreation
Phone: 208/332-1000
208/334-4180 ext. 235
STATEMENT OF PURPOSE/FISCAL NOTE H 561