2000 Legislation
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SENATE BILL NO. 1464, As Amended – MV, commercial, exceed speed, pnlty

SENATE BILL NO. 1464, As Amended

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Daily Data Tracking History



S1464aa...................................................by TRANSPORTATION
COMMERCIAL VEHICLES - Adds to existing law to provide civil penalties when
a driver of a commercial vehicle that has five or more axles exceeds the
speed limit by five miles per hour or more on a highway or road with a
posted speed limit of sixty-five miles per hour or more.
                                                                        
02/18    Senate intro - 1st rdg - to printing
02/21    Rpt prt - to Transp
02/25    Rpt out - to 14th Ord
03/01    Rpt out amen - to engros
03/02    Rpt engros - 1st rdg - to 2nd rdg as amen
03/03    2nd rdg - to 3rd rdg as amen
03/09    3rd rdg as amen - PASSED - 23-7-5
      AYES--Boatright, Bunderson, Danielson, Darrington, Deide, Dunklin,
      Frasure, Ingram, Ipsen, Keough, Lee, Noh, Parry, Richardson, Riggs,
      Risch, Sandy, Schroeder, Sorensen, Stennett, Walton/Branch,
      Whitworth, Williams
      NAYS--Burtenshaw, Cameron, Crow, Davis, Geddes, Hawkins, Wheeler
      Absent and excused--Andreason, King-Barrutia, McLaughlin, Stegner,
      Thorne
    Floor Sponsor - Sandy
    Title apvd - to House
03/10    House intro - 1st rdg as amen - to Transp

Bill Text


 S1464
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1464, As Amended
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO EXCEEDING THE SPEED LIMIT; AMENDING CHAPTER  6,  TITLE  49,  IDAHO
  3        CODE, BY THE ADDITION OF A NEW SECTION 49-654A, IDAHO CODE, TO PROVIDE FOR
  4        CIVIL  PENALTIES  WHEN A MOTOR VEHICLE THAT HAS FIVE OR MORE AXLES EXCEEDS
  5        THE POSTED SPEED LIMIT BY FIVE MILES PER HOUR OR MORE ON A HIGHWAY OR ROAD
  6        WITH A POSTED SPEED LIMIT OF SIXTY-FIVE MILES PER HOUR OR MORE AND TO PRO-
  7        VIDE FOR DISTRIBUTION OF PENALTIES; AND  AMENDING  SECTION  49-654,  IDAHO
  8        CODE,  TO  DELETE  LANGUAGE REFERRING TO THE GROSS WEIGHT OF VEHICLES WITH
  9        FIVE OR MORE AXLES TRAVELING ON INTERSTATE HIGHWAYS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Chapter 6, Title 49, Idaho Code,  be,  and  the  same  is
 12    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 13    ignated as Section 49-654A, Idaho Code, and to read as follows:
                                                                        
 14        49-654A.  CERTAIN MOTOR VEHICLES EXCEEDING THE POSTED SPEED LIMIT BY  FIVE
 15    MILES  PER HOUR OR MORE. Whenever the driver of a motor vehicle, that has five
 16    (5) or more axles, exceeds the posted speed limit by five (5) miles  per  hour
 17    or  more  on  a  highway  or road with a posted speed limit of sixty-five (65)
 18    miles per hour or more, he shall be liable in  addition  to  any  criminal  or
 19    infraction  penalties,  for  a  civil penalty and shall be punished by a civil
 20    penalty  of twenty-five  dollars ($25.00) per mile per hour in excess  of  the
 21    posted  speed limit that the driver was driving.  Moneys collected pursuant to
 22    this section shall be distributed pursuant to section 19-4705, Idaho Code.
                                                                        
 23        SECTION 2.  That Section 49-654, Idaho Code, be, and the  same  is  hereby
 24    amended to read as follows:
                                                                        
 25        49-654.  BASIC  RULE AND MAXIMUM SPEED LIMITS. (1) No person shall drive a
 26    vehicle at a speed greater than is reasonable and prudent under the conditions
 27    and having regard to the actual and potential hazards then  existing.  Consis-
 28    tent  with  the  foregoing, every person shall drive at a safe and appropriate
 29    speed when approaching and crossing an intersection or railroad  grade  cross-
 30    ing,  when approaching and going around a curve, when approaching a hillcrest,
 31    when traveling upon any narrow or winding highway, and  when  special  hazards
 32    exist  with respect to pedestrians or other traffic or by reason of weather or
 33    highway conditions.
 34        (2)  Where no special hazard or condition exists that requires lower speed
 35    for compliance with subsection (1) of this section the limits  as  hereinafter
 36    authorized shall be maximum lawful speeds, and no person shall drive a vehicle
 37    at a speed in excess of the maximum limits:
 38        (a)  Thirty-five  (35)  miles  per  hour or a lesser maximum speed adopted
 39        pursuant to section 49-207(2)(a), Idaho Code, in any residential, business
 40        or urban district;
 41        (b)  Thirty-five (35) miles per hour in any urban district;
                                                                        
                                           2
                                                                        
  1        (c)  Seventy-five (75) miles per hour on interstate highways;
  2        (d)  Sixty-five (65) miles per hour on state highways;
  3        (e)  Fifty-five (55) miles per hour in other  locations  unless  otherwise
  4        posted up to a maximum of sixty-five (65) miles per hour.
  5        (3)  The  maximum  lawful  speed  limit  on  interstate highways shall not
  6    exceed sixty-five (65) miles per hour for  vehicles  with  five  (5)  or  more
  7    axles.  operating  at a gross weight of more than twenty-six thousand (26,000)
  8    pounds.

Amendment


 AS1464
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Sandy               
                                                                        
                                                     Seconded by Frasure             
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENTS TO S.B. NO. 1464
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 12, following "LIMIT"  insert:  "BY
  3    FIVE  MILES  PER  HOUR  OR  MORE"; and in line 14, following the first "limit"
  4    insert: "by five (5) miles per hour or more".
                                                                        
  5                                AMENDMENT TO THE BILL
  6        On page 1, following line 20, insert:
  7        "SECTION 2.  That Section 49-654, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        49-654.  BASIC  RULE AND MAXIMUM SPEED LIMITS. (1) No person shall drive a
 10    vehicle at a speed greater than is reasonable and prudent under the conditions
 11    and having regard to the actual and potential hazards then  existing.  Consis-
 12    tent  with  the  foregoing, every person shall drive at a safe and appropriate
 13    speed when approaching and crossing an intersection or railroad  grade  cross-
 14    ing,  when approaching and going around a curve, when approaching a hillcrest,
 15    when traveling upon any narrow or winding highway, and  when  special  hazards
 16    exist  with respect to pedestrians or other traffic or by reason of weather or
 17    highway conditions.
 18        (2)  Where no special hazard or condition exists that requires lower speed
 19    for compliance with subsection (1) of this section the limits  as  hereinafter
 20    authorized shall be maximum lawful speeds, and no person shall drive a vehicle
 21    at a speed in excess of the maximum limits:
 22        (a)  Thirty-five  (35)  miles  per  hour or a lesser maximum speed adopted
 23        pursuant to section 49-207(2)(a), Idaho Code, in any residential, business
 24        or urban district;
 25        (b)  Thirty-five (35) miles per hour in any urban district;
 26        (c)  Seventy-five (75) miles per hour on interstate highways;
 27        (d)  Sixty-five (65) miles per hour on state highways;
 28        (e)  Fifty-five (55) miles per hour in other  locations  unless  otherwise
 29        posted up to a maximum of sixty-five (65) miles per hour.
 30        (3)  The  maximum  lawful  speed  limit  on  interstate highways shall not
 31    exceed sixty-five (65) miles per hour for  vehicles  with  five  (5)  or  more
 32    axles.  operating  at a gross weight of more than twenty-six thousand (26,000)
 33    pounds. ".
                                                                        
 34                                 CORRECTION TO TITLE
 35        On page 1, in line 5, following the first "LIMIT" insert: "BY  FIVE  MILES
 36    PER  HOUR  OR MORE"; and in line 7, following "ALTIES" insert: "; AND AMENDING
 37    SECTION 49-654, IDAHO CODE, TO DELETE LANGUAGE REFERRING TO THE  GROSS  WEIGHT
 38    OF VEHICLES WITH FIVE OR MORE AXLES TRAVELING ON INTERSTATE HIGHWAYS".

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS9746C1
     
     The purpose of this proposed legislation is to provide for civil penalties when a
     motor vehicle that has five or more axles exceeds the posted speed limit on a
     highway or road with a posted speed limit of sixty-five miles per hour or more
     and to provide for distribution of penalties. 
     
     
     
     
                     FISCAL NOTE 
     
     The proposed legislation should not impose any new or increased fiscal impact. 
     
     
     
     Contacts:     Senator John Sandy
     Phone:          (208) 332-1305 
     
     
                                                       STATEMENT OF PURPOSE/FISCAL IMPACT STATEMENT      S 1464