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S1580......................................................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 provide legislative intent; to provide reports; and to provide effective dates contingent upon approval of the settlement. 03/27 Senate intro - 1st rdg - to printing 03/28 Rpt prt - to Transp Rpt out - rec d/p - to 2nd rdg 03/29 2nd rdg - to 3rd rdg Rules susp - PASSED - 34-0-1 AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Burtenshaw Floor Sponsor - Frasure Title apvd - to House 03/30 House intro - 1st rdg - to Transp 03/31 Rpt out - w/o rec - to 2nd rdg Rls susp - PASSED - 61-5-4 AYES -- Alltus, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- Geddes, Hammond, Moyle, Pischner, Smith Absent and excused -- Barraclough, Crow, Loertscher, Mr Speaker Floor Sponsor - Kempton Title apvd - to Senate 04/03 To enrol 04/04 Rpt enrol - Pres signed - Sp signed 04/05 To Governor 04/17 Governor signed Session Law Chapter 418 Effective: 07/01/00 or upon certification of Secretary of State on suit settlement, whichever comes later - Section 1 10/01/00 or upon certification of Secretary of State on suit settlement, whichever comes later - Sections 2 through 18
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1580 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 AND TO PROVIDE THAT VIOLATIONS SHALL BE 25 INFRACTIONS OR MISDEMEANORS AS SPECIFIED IN SECTION 49-1013, IDAHO CODE; 26 AMENDING SECTION 49-439, IDAHO CODE, TO PROVIDE A STANDARD AUDITING CYCLE, 27 TO PROVIDE ADDITIONAL AUDITING CONDITIONS AND PROCEDURES CONSISTENT WITH 28 CURRENT LAW AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-504, 29 IDAHO CODE, TO DELETE REFERENCE TO USER FEES AND TO MAKE A TECHNICAL COR- 30 RECTION; AMENDING SECTION 49-1001, IDAHO CODE, TO DELETE REFERENCE TO 31 WEIGHT-DISTANCE OPERATING FEES AND TO PROVIDE CORRECT TERMINOLOGY; AMEND- 32 ING SECTION 49-1004, IDAHO CODE, TO PROVIDE A FEE FOR VEHICLES OPERATING 33 AT SPECIFIED WEIGHTS AND TO MAKE TECHNICAL CORRECTIONS; PROVIDING LEGISLA- 34 TIVE INTENT FOR THE TRANSITION FROM A SYSTEM OF REGISTRATION AND WEIGHT- 35 DISTANCE USE FEES TO A REGISTRATION FEE ONLY SYSTEM AND FOR COLLECTION OF 36 FEES; PROVIDING REPORTING REQUIREMENTS; AND PROVIDING EFFECTIVE DATES CON- 37 TINGENT UPON CERTIFICATION BY THE SECRETARY OF STATE THAT THE COURT HAS 38 APPROVED A FINAL SETTLEMENT. 39 Be It Enacted by the Legislature of the State of Idaho: 40 SECTION 1. That Chapter 7, Title 40, Idaho Code, be, and the same is 41 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 42 ignated as Section 40-710, Idaho Code, and to read as follows: 43 40-710. AMERICAN TRUCKING ASSOCIATION SETTLEMENT FUND. (1) There is 2 1 hereby established in the state treasury the American trucking association 2 settlement fund hereafter referred to as the settlement fund, to which shall 3 be credited all moneys as may be provided by law. 4 (2) Moneys in the fund are continuously appropriated and shall be used to 5 satisfy the settlement agreement as approved by the court pursuant to Case No. 6 CV OC 9700724D, American Trucking Association, et al. v. State of Idaho, et 7 al., in the fourth judicial district, in accordance with the terms of such 8 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 usefee 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, for39 vehicles exceeding sixty thousand (60,000) pounds gross weight, and calculated40 based upon the number of miles traveled in Idaho times the use fee rate per41 mile of travel as established by law for the applicable maximum gross weight42 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 54 with the county treasurer and credited to the county current expense fund. 55 The remainder of the fees collected as provided in that subsection shall 6 1 be 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 nonsufficientinsufficient fund 33 checks, until 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 the40 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 nonsufficient43 insufficient 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 fees5 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 49-43 69, 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 nonsufficientinsufficient 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 at 31 a crossing where stop signs are erected and in place, but liability, if any, 32 shall be determined as provided by law. Liability on the part of governmental 33 authorities on account of absence of any stop sign at a crossing shall be 34 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 Reigstration12 (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 of24 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 registration, 12 on each renewal, and at any time a vehicle registered under this option is 13 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 rRefunds 17 shallmay be given for any unexpired portion of the vehicle registration fee 18 if the plate is not transferred by the owner to another vehicle. Any request 19 for refund shall include surrender of the license plate, validation sticker 20 and registration document. Owners of vehicles registered under the interna- 21 tional registration plan may request a refund of the unexpired portion of the 22 Idaho vehicle registration fee by presenting evidence from the base jurisdic- 23 tion that the license plate, validation sticker and registration document have 24 been surrendered. A license plate shall not be transferred to another owner 25 when the ownership of a vehicle changes. The owner shall obtain a replacement 26 plate, validation sticker if required, and a registration document when a 27 plate is lost, destroyed or becomes illegible. 28 (7) An administrative fee of four dollars ($4.00) shall be paid and 29 deposited to the state highway account on all registrations completed by the 30 department under subsection (1) or (8)(a) of this section. Vehicles registered 31 under subsection (8)(b) of this section shall pay the fee provided in section 32 49-435(2), Idaho Code. 33 (8) In addition to the registration and license fees provided by subsec-34 tions (1) and (2) of this section, tThere shall be paid on all commercial and 35 farm vehicles having a maximum gross weight in excess of sixty thousand 36 (60,000) pounds, a useregistration fee based upon the registeredmaximum 37 gross weight in accordance with the following schedule. The use fees shall be38 calculated by multiplying the mills per mile, determined from the mills per39 mile schedule table, times the reported mileage for the vehicle, subject to40 the provisions of this sectionof a vehicle as declared by the owner and the 41 total number of miles driven on roads and highways in the state, county, city 42 and highway district systems in Idaho, and if registered under the interna- 43 tional registration plan (IRP), in all other jurisdictions. The appropriate 44 registration fee shall be determined as follows: 45 (a) If the owner registers vehicles under the international registration 46 plan (IRP), the appropriate mileage column shall be determined by the 47 total miles an owner operated a fleet of vehicles on roads and highways in 48 the state, county, city and highway district systems in Idaho and in all 49 other jurisdictions in the preceding year, as defined in section 49-117, 50 Idaho Code, and by the maximum gross weight of each vehicle within a 51 fleet. 52 (b) If the owner registers vehicles under the international registration 53 plan and determines that the average international registration plan fleet 54 miles, calculated by dividing the total IRP fleet miles in all jurisdic- 55 tions by the number of registered vehicles, is less than fifty thousand 11 1 one (50,001) miles, the owner may apply to the department for refund of a 2 portion of the registration fees paid, consistent with the fee schedules 3 set forth in this section. The department shall provide an application for 4 the refund. An owner making application for refund under this section 5 shall be subject to auditing as provided in section 49-439, Idaho Code. 6 (c) If the owner is not registering vehicles under the international reg- 7 istration plan, the appropriate mileage column shall be determined by the 8 total miles the owner operated each of the vehicles to be registered on 9 roads and highways in the state, county, city and highway district systems 10 in Idaho in the preceding year and by the maximum gross weight of each 11 vehicle. 12 Maximum Gross 13 Weight of Vehicle Mills per MileTotal Miles Driven 14 (Pounds) 15 1-7,500 7,501-50,000 Over 50,000 16 60,001-62,000 30.05$210 $ 840 $1,400 17 62,001-64,000 31.35240 960 1,600 18 64,001-66,000 32.60270 1,080 1,800 19 66,001-68,000 33.90300 1,200 2,000 20 68,001-70,000 35.15330 1,320 2,200 21 70,001-72,000 36.40360 1,440 2,400 22 60,001-62,000 30.0523 72,001-74,000 38.55390 1,560 2,600 24 74,001-76,000 40.65420 1,680 2,800 25 76,001-78,000 42.75450 1,800 3,000 26 78,001-80,000 44.90480 1,920 3,200 27 80,001-82,000 47.00495 1,980 3,300 28 82,001-84,000 49.10510 2,040 3,400 29 84,001-86,000 51.20525 2,100 3,500 30 86,001-88,000 53.30540 2,160 3,600 31 88,001-90,000 55.40555 2,220 3,700 32 90,001-92,000 57.50570 2,280 3,800 33 92,001-94,000 59.60585 2,340 3,900 34 94,001-96,000 61.70600 2,400 4,000 35 96,001-98,000 63.80615 2,460 4,100 36 98,001-100,000 65.90630 2,520 4,200 37 100,001-102,000 68.00645 2,580 4,300 38 102,001-104,000 70.10660 2,640 4,400 39 104,001-106,000 72.20675 2,700 4,500 40 106,001-108,000 690 2,760 4,600 41 108,001-110,000 705 2,820 4,700 42 110,001-112,000 720 2,880 4,800 43 112,001-114,000 735 2,940 4,900 44 114,001-116,000 750 3,000 5,000 45 116,001-118,000 765 3,060 5,100 46 118,001-120,000 780 3,120 5,200 47 120,001-122,000 795 3,180 5,300 48 122,001-124,000 810 3,240 5,400 49 124,001-126,000 825 3,300 5,500 50 126,001-128,000 840 3,360 5,600 51 128,001-129,000 855 3,420 5,700 52 (d) Any commercial or farm vehicle registered for more than sixty thou- 53 sand (60,000) pounds up to one hundred six thousand (106,000) pounds 54 traveling fewer than two thousand five hundred (2,500) miles annually on 55 roads and highways in the state, county, city and highway district systems 12 1 in Idaho shall pay an annual registration fee of two hundred fifty-five 2 dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not 3 apply to vehicles registered under this subsection (8)(d). 4 For each additional two thousand (2,000) pounds or fraction thereof in excess5 of one hundred six thousand (106,000) pounds add 2.1 mills per mile.6 (9) In addition to the registration and license fees of this section,7 there shall be paid on all farm vehicles, and any commercial vehicle exclu-8 sively engaged in the transportation of logs, pulp wood, stull, poles, piling,9 rough lumber, ores, ore concentrates, sand and gravel aggregates in bulk,10 livestock and vehicles used for the sole purpose of transporting milk from the11 farm to processing plant, having a maximum gross weight in excess of sixty12 thousand (60,000) pounds, a use fee in accordance with the following schedule.13 The use fees shall be calculated by multiplying the mills per mile, determined14 from the mills per mile schedule table, times the reported mileage for the15 vehicle, subject to the provisions of this section.16 Maximum Gross17 Weight of Vehicle Mills per Mile18 (Pounds)19 60,001-62,000 22.4520 62,001-64,000 22.4521 64,001-66,000 22.4522 66,001-68,000 22.4523 68,001-70,000 22.4524 70,001-72,000 22.4525 72,001-74,000 22.4526 74,001-76,000 22.4527 76,001-78,000 22.4528 78,001-80,000 22.4529 80,001-82,000 24.5530 82,001-84,000 26.6531 84,001-86,000 28.7532 86,001-88,000 30.8533 88,001-90,000 32.9534 90,001-92,000 35.0535 92,001-94,000 37.1536 94,001-96,000 39.2537 96,001-98,000 41.3538 98,001-100,000 43.4539 100,001-102,000 45.5540 102,001-104,000 47.6541 104,001-106,000 49.7542 For each additional two thousand (2,000) pounds or fraction thereof in43 excess of one hundred six thousand (106,000) pounds add 2.1 mills per mile.44 (10) If any vehicle, or combinations of vehicles move on the highways of45 the state, and the vehicle or combination exceeds its registered maximum gross46 weight there shall be paid for that vehicle, the fees provided for in either47 subsection (8) or (9) of this section, as applicable, for the actual gross48 weight of the vehicle or combination of vehicles for the miles traveled at the49 heavier weight.50 (9) (a) During the first registration year that the fee schedule in sub- 51 section (8)(c) of this section is in use, an owner shall use the mileage 52 data from the records used to report the mileage use fee in the immedi- 53 ately preceding year as the basis for determining the appropriate regis- 54 tration fee schedule. 55 (b) Any owner who registers a motor vehicle for the first time and who 13 1 has no mileage history for the vehicle shall estimate the miles to deter- 2 mine the appropriate fee schedule in subsection (8)(c) of this section. 3 When estimating the miles, the owner shall provide a statement on the 4 application of the method used to arrive at the estimated miles. 5 (c) Any owner using any fee schedule other than the highest fee schedule 6 under subsection (8)(c) of this section, shall certify at the time of reg- 7 istration that the miles operated in the preceding year do not exceed the 8 schedule applied for. Any owner using a fee schedule under subsection 9 (8)(c) of this section that is less than the highest schedule shall main- 10 tain records to substantiate the use of the schedule as required by sec- 11 tion 49-439, Idaho Code. 12 (1 10) If any vehicle or combinations of vehicles haul nonreducible loads, 13 as authorized under the provisions of section 49-1004, Idaho Code, and weigh 14 less than the starting weights per axle configuration listed in column 1 of 15 subsection (2), section 49-1004, Idaho Code, then and in that event there 16 shall be paid for that vehicle, in addition to the other fees required in this 17 section, an additional use fee of 2.1 mills per mile for each two thousand 18 (2,000) pounds or fraction thereof of the maximum gross weight in excess of 19 those set forth in section 49-1001, Idaho Code. 20 (12) Any owner operating vehicle combinations may apply to the department21 for authority to report multiple weights and pay use fees based upon the maxi-22 mum gross weight of each configuration in the combination being operated. The23 owner shall declare a maximum gross weight for each configuration being oper-24 ated but not more than three (3) maximum gross weights for a vehicle combina-25 tion may be declared. Any owner who receives authority to report and pay use26 fees at multiple maximum gross weights shall register the motor vehicle in a27 combination at the highest maximum gross weight of the vehicle. Any owner who28 reports vehicle combinations at multiple weights and fails to maintain records29 and furnish said records to the department upon request which show the config-30 uration of the combination of vehicles and the trailer and unit number for all31 miles and trip segments traveled shall have all miles assessed at the highest32 maximum gross weight of the combination of vehicles.33 (13) An applicant for registration of a commercial vehicle, a noncommer-34 cial vehicle or a farm vehicle shall set forth the maximum gross weight of the35 vehicle or combination of vehicles and the applicant shall pay any annual reg-36 istration fees and any annual license fees on trailers and semitrailers37 required at the time he makes application for registration subject to the pro-38 visions of subsections (1), (2), (3) and (4) of this section. No part of the39 registration or license fees shall be subject to refund. The use fee payment40 required shall be computed according to the schedule in either subsection (8)41 or (9) of this section on the mileage operated over the highways of the state42 of Idaho and the owner of any vehicle against which a use fee is assessed,43 shall at the time of making his next quarterly report pay the use fee, if any,44 for the three (3) calendar months immediately prior. In determining the mile-45 age subject to the use fee, there shall be deducted the miles traveled on46 roadways maintained with private funds by agreement with the public agency or47 agencies having jurisdiction over them. In no event shall the total money48 credited to the owner for the mileage exceed the actual cost of maintenance49 expended by him.50 (14) Any owner who operates or intends to operate non-Idaho based vehicles51 in Idaho that are subject to the use fee required under the provisions of52 this section shall apply for a use fee account before operating the vehicles53 in Idaho. In lieu of establishing a use fee account the owner may purchase a54 trip permit under the provisions of section 49-432 or 49-433, Idaho Code, as55 applicable. The department shall develop rules to administer the use fee14 1 account. Any owner who has not established a use fee account or has not pur-2 chased a trip permit prior to operating in Idaho shall have committed an3 infraction.4 SECTION 8. That Section 49-435, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 49-435. PROPORTIONAL REGISTRATION OF COMMERCIAL VEHICLES. (1) Any owner 7 engaged in operating one (1) or more fleets of commercial vehicles may, in 8 lieu of the registration fees imposed by section 49-434, Idaho Code, register 9 each fleet for operation in this state by filing an application with the 10 department which shall contain the following information and such other infor-11 mation pertinent to vehicle registration as the department may require:12 (a) Total fleet miles. This shall be the total number of miles operated13 in all jurisdictions during the preceding year by the motor vehicles in a14 fleet during the year.15 (b) In-state miles. This shall be the total number of miles operated in16 this state during the preceding year by motor vehicles in the fleets dur-17 ing the year.18 (c) A description and identification of each vehicle of the fleet which19 is to be operated in this state during the registration year for which20 proportional fleet registration is requested, and, as determined by the21 department, the vehicle unit number of each fleet vehicle as assigned by22 the owner.23 (2) The application for each fleet shall, at the time and in the manner24 required by the department, be supported by a fee payment computed as follows:25 (a) Divide in-state miles by total fleet miles.26 (b) Determine the total amount necessary to register each and every vehi-27 cle in the fleet for which registration is required based on the regular28 annual fees prescribed by section 49-434, Idaho Code.29 (c) Multiply the sum obtained under subsection (2)(b) of this section, by30 the quotient obtained under subsection (2)(a) of this section.31 (3) The applicant for proportional registration of any fleet, the motor32 vehicles of which are operated by him in jurisdictions in addition to those in33 which the applicant's fleet motor vehicles are operated, may state those motor34 vehicles separately in his application and compute and pay the fees in accor-35 dance with the separate statement, as to which "total miles" shall be the36 total miles of highway operation determined from miles of power units, whether37 prorated or not, operated in combination with prorated trailers in all juris-38 dictions during the preceding yearthe information required by the interna- 39 tional registration plan (IRP) agreement. Any owner who makes application for 40 proportional registration under the provisions of the international registra- 41 tion plan shall comply with the terms and conditions of the IRP agreement. 42 ( 42) The department shall register the vehicle so described and identi- 43 fied and may issue license plates or distinctive sticker or other suitable 44 identification device for each vehicle listed in the application upon payment 45 of the fees required under subsections (2)(1) and (8) of section 49-434, 46 Idaho Code, and an additional identification charge of eight dollars ($8.00) 47 per vehicle. The fees collected for the additional identification shall be 48 deposited to the state highway account. A registration card shall be issued 49 for each proportionally registered vehicle appropriately identifying it which 50 shall be carried in or upon the vehicle identified at all times. 51 ( 53) Fleet vehicles so registered and identified shall be deemed to be 52 fully licensed and registered in this state for any type of movement or opera- 53 tion , except that, in those instances in which a grant of authority is15 1 required for intrastate movement or operation, no vehicle shall be operated in2 intrastate commerce in this state unless the owner has been granted intrastate3 authority or rights by the public utilities commission and unless the vehicle4 is being operated in conformity with such authority or rights. 5 ( 64) The right to the privilege and benefits of proportional registration 6 of fleet vehicles extended by this section, or by any contract, agreement, 7 arrangement or declaration made under the authority provided in section 8 49-201, Idaho Code, shall be subject to the condition that each fleet vehicle 9 proportionally registered shall also be proportionally or otherwise properly 10 registered in at least one (1) other jurisdiction during the period for which 11 it is proportionally registered in this state. 12 (7) Vehicles acquired by the owner after the commencement of the regis-13 tration year and subsequently added to a proportionally registered fleet shall14 be proportionally registered by applying the mileage percentage used in the15 original application for the fleet for that registration period to the annual16 registration fees due with respect to those vehicles for the remainder of the17 registration year.18 (8) If any vehicle is withdrawn from a proportionally registered fleet19 during the period for which it is registered, the owner of the fleet shall so20 notify the department on appropriate forms to be prescribed by the department.21 The department may require the owner to surrender proportional registration22 cards and other identification devices which have been issued with respect to23 the vehicle as the department may deem advisable.24 (9) The initial application for proportional registration of a fleet25 shall state the mileage data with respect to the fleet for the preceding year26 in this and other jurisdictions. If no operations were conducted with the27 fleet during the preceding year, the application shall contain a full state-28 ment of the proposed method of operation and estimates of annual mileage in29 this state and other jurisdictions. The department shall determine the in-30 state and total fleet miles to be used in computing the fee payment for the31 fleet. The department may evaluate and adjust the estimate in the application32 if it is not satisfied as to the correctness submitted.33 (10) The department may refuse to accept proportional registration appli-34 cations for the registration of vehicles based in another jurisdiction if it35 shall find that the other jurisdiction does not grant similar registration36 privileges to fleet vehicles based in or owned by residents of this state.37 (11) Any owner whose application for proportional registration has been38 accepted shall preserve the records on which the application is based for a39 period of four (4) years following the year of application. The owner shall40 agree to make his records accessible to the department for audit as to accu-41 racy of computations, payments and assessments of deficiencies or allowances42 for credit. The department shall make arrangements with agencies of other43 jurisdictions administering motor vehicle registration laws for joint audits44 of any owner or exchange of audit information. No assessment for deficiency or45 claim for credit may be made for any period for which records are no longer46 required. Any sums found to be due and owing upon audit shall bear interest of47 six per cent (6%) from the date when they should have been paid until the date48 of actual payment. If the audit discloses a deliberate and willful intent to49 evade the requirements of appropriate payment under subsection (2)(b) of this50 section, an additional penalty of ten per cent (10%) shall also be assessed.51 (1 25) No provision of this section relating to proportional registration 52 of fleet vehicles shall be construed as requiring any vehicle to be propor- 53 tionally registered if it is otherwise registered in this state for the opera- 54 tion in which it is engaged including regular registration or temporary trip 55 permit. 16 1 (13) Proportionally registered vehicles having a maximum gross weight in2 excess of sixty thousand (60,000) pounds shall pay a use fee in accordance3 with section 49-434(4), (5), (6) and (7), Idaho Code, as applicable.4 SECTION 9. That Section 49-435A, Idaho Code, be, and the same is hereby 5 repealed. 6 SECTION 10. That Section 49-436, Idaho Code, be, and the same is hereby 7 repealed. 8 SECTION 11. That Section 49-437, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-437. INCREASE IN MAXIMUM GROSS WEIGHT -- FEES FOR REMAINING PORTION OF 11 YEAR. (1) When a motor vehicle registered under section 49-434 or 49-435, 12 Idaho Code, has once been registered and during the year of that registration 13 increases the maximum gross weight, the higher fee due for the weight increase 14 shall be offset by the fee already paid. The fee already paid and the fee due 15 shall be prorated by one-twelfth (1/12) for each month already expired in the 16 registration year. The difference between the two (2) fees shall be the bal- 17 ance due for the remainder of the registration year. If an owner decreases the 18 weight during a registration year, the weight decrease shall not result in a 19 refund of the fees already paid. 20 (2) If a motor vehicle is not operated on any highway during the first 21 months of a calendar year, the owner may at any time thereafter be registered 22 for the remainder of the year on payment of all fees, rounded to the nearest 23 whole dollar, as provided in this chapter, less one-twelfth (1/12) of such 24 fees for each full calendar month which has expired prior to registering, but 25 in no event shall the minimum fee be less than five dollars ($5.00). 26 SECTION 12. That Section 49-438, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 49-438. PENALTY FOR EXCEEDING REGISTERED GROSS WEIGHT. Any person who 29 shall operate, cause, permit, or suffer to be operated upon any highway any 30 vehicle or combination of vehicles with a gross weight in excess of the regis- 31 tered gross weight of the vehicle specified in this title, without having paid 32 the additional registration and usefees required, shall have committed ana 33 violation under the infraction or misdemeanor provisions of section 49-1013, 34 Idaho Code. 35 SECTION 13. That Section 49-439, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 49-439. AUDIT GUIDELINES. (1) The department may audit an owner of motor 38 vehicles subject to fees pursuant to this chapter once every fivefour ( 54) 39 years unless probable cause, as defined by department rule s and regulations, 40 exists that the owner has not paid fees due pursuant to this chapter or has 41 underreported or underpaid fees due pursuant to this chapter. An owner 42 selected for audit more frequently than the fivefour ( 54) years may have the 43 audit selection reviewed for determination of the absence of probable cause by 44 the district court of the county where the owner resides or where the owner's 45 place of business is located or in Ada County, at the discretion of the owner. 46 The department shall promulgate rules and regulationsoutlining its procedures 47 for audit selection, assignment and inventory. Any owner of motor vehicles 17 1 who has been subjected to an audit by the department that has not been in com- 2 pliance with the provisions of this section or rules and regulationspromul- 3 gated pursuant thereto may recover attorney's fees and costs as may be deter- 4 mined by a court or may receive his attorney's fees and costs if granted, all 5 or in part, by the director all in accordance with section 12-117, Idaho Code. 6 (2) Every owner whose fees are computed as specified in section 49-434 or 7 49-435, Idaho Code, except those registering under subsection (8)(c) of sec- 8 tion 49-434, Idaho Code, for over fifty thousand (50,000) miles driven, shall 9 maintain records and permit the department to inspect the records upon request 10 to substantiate that the actual miles traveled, if using a mileage schedule in 11 subsection (8)(c) of section 49-434, Idaho Code, are less than the maximum 12 mileage schedule. 13 (3) When the records are maintained outside this state by owners engaged 14 in transportation in this state, the owner shall reimburse the department for 15 reasonable expenses incurred by the department in making audits of those 16 records and accounts at the out-of-state location. The owner or the department 17 may request that the records be presented at a place within the state desig- 18 nated by the department. The records must be presented by a representative of 19 the owner who is familiar with the records and who is responsible for the 20 safekeeping of the records. 21 (4) Every owner is required to maintain records for the current year and 22 the three (3) years immediately preceding. If an assessment has been made, 23 such fees may be collected by a proceeding in court within a period of three 24 (3) years after the assessment or a final order entered pursuant to subsection 25 (7) of this section. 26 (5) An owner who fails to maintain records as required by the provisions 27 of this section may have the registration of all vehicles registered under 28 section 49-434 or 49-435, Idaho Code, suspended until such time as adequate 29 records as required by the provisions of this section are provided. In the 30 event that the owner does not produce records, the department may assess a fee 31 based on an estimate of the operation. The department shall promulgate rules 32 specifying the methodology to be used to assess a fee based on an estimate of 33 the operation. 34 (6) An owner who fails to pay any fees due is subject to suspension of 35 vehicle registrations in addition to a penalty of ten percent (10%) of the 36 amount of fee determined to be due, plus interest of one percent (1%) of the 37 amount of the fee due for each month or fraction thereof after the fee became 38 due. An order suspending the vehicle registration shall be mailed to the owner 39 by the department. The suspension shall be canceled if the payment due is 40 made, plus penalty and interest, along with a reinstatement fee of forty dol- 41 lars ($40.00) per carrier within fifteen (15) days after receipt of the sus- 42 pension order. The department may remit all or any part of the penalty and 43 interest if satisfied that the delay was excusable. The department shall pro- 44 mulgate rules specifying when the penalty may be held in abeyance or be for- 45 given. The reinstatement fees shall be deposited to the state highway account. 46 The owner shall have the right to appeal the suspension by petitioning the 47 department for a hearing within ten (10) days after receipt of the suspension 48 order. If the suspension is subsequently canceled pursuant to the appeal, the 49 reinstatement fee shall not be due. 50 (7) An owner may contest an assessment made by the department within 51 thirty (30) days from receipt of the assessment by filing an appeal with the 52 department. Upon receipt of an appeal, the director or his authorized repre- 53 sentative shall schedule an informal conference between the owner and a repre- 54 sentative of the department. The informal conference must be conducted within 55 twenty (20) days from the date of receipt of notice of intent to appeal by the 18 1 owner. The owner and the representative of the department shall reduce all 2 conclusions, agreements and decisions to writing and the written report of the 3 results of that conference shall be provided to the director within ten (10) 4 days. If the results of the informal conference are not satisfactory to the 5 owner, he may continue with the appeal by informing the director in writing, 6 and the director or his authorized representative shall appoint a hearing 7 officer to conduct a contested case hearing in accordance with chapter 52, 8 title 67, Idaho Code. The hearing officer may subpoena witnesses and evidence 9 and administer oaths. The hearing officer shall prepare written findings of 10 fact and conclusions of law for the director or his authorized representative. 11 Upon receipt of findings of fact and conclusions of law, the director or his 12 authorized representative shall issue a final order affirming, modifying or 13 reversing the original assessment. All final orders rendered by the director 14 or his authorized representative shall be appealable in accordance with chap- 15 ter 52, title 67, Idaho Code. 16 SECTION 14. That Section 49-504, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 49-504. APPLICATIONS TO DEPARTMENT FOR CERTIFICATES -- PROCEDURE -- IDEN- 19 TIFICATION NUMBERS. (1) Application for a certificate of title shall be made 20 upon a form furnished by the department and shall contain a full description 21 of the vehicle including the make, identification numbers, and the odometer 22 reading at the time of sale or transfer, and whether the vehicle is new or 23 used, together with a statement of the applicant's title and of any liens or 24 encumbrances upon the vehicle, and the name and address of the person to whom 25 the certificate of title shall be delivered, and any other information as the 26 department may require. The application shall be filed with the department, 27 and if a certificate of title has previously been issued for that vehicle in 28 this state, shall be accompanied by the certificate of title duly assigned, 29 unless otherwise provided for in this chapter. The department may promulgate 30 rules and regulationsto provide for exceptions to the odometer requirement. 31 (2) If a certificate of title has not previously been issued for the 32 vehicle in this state, the application, unless otherwise provided for in this 33 chapter, shall be accompanied by a proper bill of sale or a duly certified 34 copy thereof, or by a certificate of title, bill of sale or other evidence of 35 ownership required by the law of any other state from which the vehicle was 36 brought into this state, and a vehicle identification number inspection com- 37 pleted by any city, county or state peace officer or other special agent 38 authorized by the department. 39 (3) In the case of a new vehicle being titled for the first time, no cer- 40 tificate of title or registration shall be issued unless the application is 41 indorsed by a franchised new vehicle dealer licensed to sell a new vehicle. 42 Each application shall be accompanied by a manufacturer s''s certificate of 43 origin or manufacturer s''s statement of origin executed by the manufacturer 44 and delivered to his agent or his franchised vehicle dealer. The certificate 45 or statement of origin shall be in a form prescribed by the board and shall 46 contain the year of manufacture or the model year of the vehicle, the 47 manufacturer's vehicle identification number, the name of the manufacturer, 48 the number of cylinders, a general description of the body, if any, and the 49 type or model. Upon sale of a new vehicle, the manufacturer, his agent or 50 franchised dealer shall execute and deliver to the purchaser an assignment of 51 the certificate or statement, together with any lien or encumbrance to which 52 the vehicle is subject. 53 (4) The department shall retain the evidence of title presented by the 19 1 applicant and on which the certificate of title is issued. The department 2 shall maintain an identification numbers index of registered vehicles, and 3 upon receiving an application for a certificate of title, shall first check 4 the identification number shown in the application against the index. The 5 department, when satisfied that the applicant is the owner of the vehicle and 6 that the application is in proper form, shall issue in the name of the owner 7 of the vehicle a certificate of title bearing a title number, the date issued 8 and a description of the vehicle as determined by the department, together 9 with a statement of the owner's title and of all liens or encumbrances upon 10 the vehicle, and whether possession is held by the owner under a lease, con- 11 tract or conditional sale, or other like agreement. 12 (5) In all cases of transfer of vehicles the application for certificates 13 of title shall be filed within thirty (30) calendar days after the delivery of 14 the vehicles. Licensed dealers need not apply for certificate of title for 15 vehicles in stock or when they are acquired for stock purposes. 16 (6) In the case of the sale of a vehicle by a dealer to a general pur- 17 chaser or user, the certificate of title shall be obtained in the name of the 18 purchaser by the dealer upon application signed by the purchaser. If a lien is 19 to be recorded, the title documentation as required in this section shall be 20 submitted to the department by the dealer or the lienholder upon application 21 signed by the purchaser. A copy of this application shall be given to the pur- 22 chaser to be used as a seventy-two (72) hour temporary permit. In all other 23 cases the certificates shall be obtained by the purchaser and the seller's 24 bill of sale shall serve as a seventy-two (72) hour permit. This temporary 25 permit allows operation of any noncommercial vehicle or unladened commercial 26 vehicle or vehicle combination without license plates for the period of time 27 specified in the permit. A ladened commercial vehicle or vehicle combination 28 may also operate without license plates for the period of time specified in 29 the temporary permit provided that the owner or operator has also obtained a 30 permit issued under the provisions of section 49-432, Idaho Code , and provided31 user fees have been paid for the ladened weight and mileage. 32 (7) If the vehicle has no identification number, then the department 33 shall designate an identification number for that vehicle at the time of issu- 34 ance of the certificate of title. The identification number shall be perma- 35 nently affixed to or indented upon the frame of the vehicle and legibly main- 36 tained by the owner at all times while a certificate of title to the vehicle 37 shall be issued and outstanding. 38 SECTION 15. That Section 49-1001, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 49-1001. ALLOWABLE GROSS LOADS. The gross load imposed on the highway by 41 any vehicle or combination of vehicles shall not exceed the limits in this 42 section. The maximum single axle gross weight shall be twenty thousand 43 (20,000) pounds, the maximum single wheel gross weight shall be ten thousand 44 (10,000) pounds and the maximum gross vehicle or combination weight shall be 45 one hundred five thousand five hundred (105,500) pounds, provided that maximum 46 gross vehicle or combination weight on United States federal interstate and 47 defense highways of this state shall not exceed eighty thousand (80,000) 48 pounds, except as permitted under the provisions of section 49-1004, Idaho 49 Code. 50 (1) The total gross weight imposed on the highway by any group of consec- 51 utive axles shall be determined by the following formula: 52 W=500((LN/N-1)+12N+36) 53 Where W is the maximum weight in pounds (to the nearest 500 pounds) car- 20 1 ried on any group of two (2) or more consecutive axles. L is the distance in 2 feet between the extremes of any group of two (2) or more consecutive axles, 3 and N is the number of axles under consideration. 21 22 23 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 operatingregistration fees calculatedas 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 24 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. 55 (5) In applying the weight limitations imposed in this section, the dis- 25 1 tance between axles shall be measured to the nearest even foot. When a frac- 2 tion is exactly one-half (1/2) foot the next larger whole number shall be 3 used. 4 (6) The limitations imposed in this section are in addition and supple- 5 mental to all other laws imposing limitations upon the size and weight of 6 vehicles. Further, single axles within groups of axles are subject to the pro- 7 visions and limitations of this chapter. Single axles within groups of axles 8 may be weighed and evaluated separately, or single axles may be prequalified 9 in accordance with rules or ordinances established by the board or other pub- 10 lic road jurisdiction, if any of the following conditions exist regarding the 11 single axle within a group of axles: 12 (a) A suspension system common to all axles in the group of axles does 13 not exist. 14 (b) One (1) or more axles in the group of axles is equipped with separate 15 variable load suspension controls to regulate the weight carried by indi- 16 vidual axles. 17 (c) One (1) or more axles in a group of axles is equipped with more or 18 fewer tires than other axles in the group of axles. 19 (d) All tires in the group of axles are not the same size as determined 20 by the manufacturer's sidewall rating. 21 (7) Notwithstanding the other provisions of this chapter, no vehicle, 22 motor vehicle, trailer and/or semitrailer, or combination thereof, may be 23 operated on the public highways of the state under loads which would result in 24 the withholding of funds by operation of controlling federal law as provided 25 in the Federal Aid Highway Act of 1956, as amended. 26 (8) Except as provided herein, no vehicle or combination of vehicles may 27 proceed past the place of weighing at temporary or permanent ports of entry or 28 checking stations when: the weight of a single axle exceeds the maximum limi- 29 tations set forth herein by two thousand (2,000) pounds or more; the weight of 30 a combination of axles, or gross vehicle weight exceeds the maximum allowable 31 weight as set forth herein by seven percent (7%) or more. Vehicles or combina- 32 tions of vehicles which exceed the weight limitations set forth herein shall 33 be required to be brought into compliance with applicable weight limitations 34 contained within this subsection at the place of weighing prior to continuing, 35 except those vehicles or combinations of vehicles which are transporting loads 36 which, in the determination of the board or other proper authorities in charge 37 of or having jurisdiction over a highway, are deemed unsafe or impractical to 38 bring into compliance at the place of weighing, and except those vehicles 39 which do not exceed fifteen percent (15%) over maximum axle and axle group 40 weights set forth in this section. Vehicles or combinations of vehicles trans- 41 porting loads in this latter category shall obtain a travel authorization to 42 the nearest place of safe unloading, load adjustment or other means of 43 legalization. 44 (a) Neither the state of Idaho or its employees, nor any authority and 45 its employees in charge of or having jurisdiction over a highway, shall be 46 held liable for personal injury or property damage resulting from the 47 requirements of section 49-1001(8), Idaho Code. 48 (b) The fee for a travel authorization as set forth above shall be fifty 49 dollars ($50.00) and shall be on a form prescribed by the board or other 50 proper authorities, and shall not be construed as contributing to a reduc- 51 tion in the penalties prescribed in section 49-1013, Idaho Code. 52 (c) The board or other proper authorities in charge of or having juris- 53 diction over a highway shall adopt and enforce administrative rules as may 54 be necessary to carry out the provisions of this section. 55 (9) For vehicles on all highways except the United States federal inter- 26 1 state and defense highways of this state, the following table shall apply: 2 Distance in feet between Allowed Load in Pounds 3 the extremes of any group Vehicles with Vehicles with 4 of 2 or more consecutive Three or Four Five or more 5 axles axles axles 6 3 through 12 37,800 37,800 7 13 56,470 56,470 8 14 57,940 57,940 9 15 59,400 59,400 10 16 60,610 60,610 11 17 61,820 61,820 12 18 63,140 63,140 13 19 64,350 64,350 14 20 65,450 65,450 15 21 66,000 66,330 16 22 66,000 67,250 17 23 66,000 67,880 18 24 66,000 68,510 19 25 66,000 69,150 20 26 66,000 69,770 21 27 66,000 70,400 22 28 66,000 70,950 23 29 66,000 71,500 24 30 66,000 72,050 25 31 72,600 26 32 73,150 27 33 73,700 28 34 74,250 29 35 74,800 30 36 75,350 31 37 75,900 32 38 76,450 33 39 77,000 34 40 77,550 35 41 78,100 36 42 78,650 37 43 and over 80,000 38 The weight allowances provided in this subsection do not apply if the total 39 gross weight of a vehicle or combination of vehicles is intended to exceed 40 eighty thousand (80,000) pounds as declared by the operator. When the provi- 41 sions of this subsection are applicable to a vehicle or combination of vehi- 42 cles, it shall be a violation of the provisions of this subsection if that 43 vehicle or combination of vehicles exceeds the weights specified in this 44 table. 45 (10) When owned by or under contract to or under authority of a city, 46 county, or state agency, refuse/sanitation trucks transporting refuse may be 47 operated on public highways in accordance with the weights allowed in subsec- 48 tion (9) of this section, except that such trucks equipped with single rear 49 axles are allowed twenty-four thousand (24,000) pounds on that single rear 50 axle when specifically authorized by the public highway agency governing the 51 highways over which the refuse/sanitation truck is operating and provided the 52 following conditions are met: 53 (a) The weight allowances provided for in this subsection shall not apply 54 to the United States federal interstate and defense highways of the state; 27 1 and 2 (b) The owner or operator has paid an annual operating fee for a permit, 3 not to exceed fifty dollars ($50.00) per refuse/sanitation truck to each 4 public agency governing the public highways over which the 5 refuse/sanitation truck operates. The permit shall be carried in the 6 refuse/sanitation truck. The permit fee may be waived by a public agency 7 for refuse/sanitation trucks operated over public highways under that 8 agency's jurisdiction. 9 (11) Variable load suspension axles shall meet the following criteria in 10 order to be included in the computation of gross vehicle or axle weight limits 11 for vehicles under the provisions of this section: 12 (a) The deployment control switch for such axles may be located inside of 13 the driver's compartment but the pressure regulator valve for the opera- 14 tion of pressure on the pavement shall be located outside of and inacces- 15 sible to the driver's compartment. 16 (b) The manufacturer's gross axle weight rating of each such axle must 17 not be less than the actual loading of the axle. 18 (c) All variable load suspension axles mounted on a vehicle after January 19 1, 1990, shall be designed to be self-steering in a manner that will guide 20 or direct the variable load suspension mounted wheels through a turning 21 movement without undue tire scrubbing or pavement scuffing. 22 (d) The manufacturer's gross tire weight rating of each tire must not be 23 less than the actual loading of the tire. 24 (e) Variable load suspension axles must be fully deployed or fully 25 raised. For applicable definitions, see sections 49-117 and 49-123, Idaho 26 Code. 27 (12) Any person who operates a motor vehicle with a variable load suspen- 28 sion axle in violation of the provisions of this section shall be subject to 29 the penalties provided in section 49-1013, Idaho Code. 30 SECTION 16. That Section 49-1004, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 49-1004. PERMITS FOR OVERWEIGHT OR OVERSIZE LOADS. (1) Upon application 33 in writing to the board or other proper authorities in charge of, or having 34 jurisdiction over a highway, the board or authorities may in their discretion 35 issue a special permit to the owner or operator of any vehicle allowing vehi- 36 cles or loads having a greater weight or size than permitted by law to be 37 moved or carried over and on the highways and bridges. 38 (a) Special permits shall be in writing and may limit the time of use and 39 operation over the particular highways and bridges which may be traversed 40 and may contain any special conditions and require any undertaking or 41 other security as the board or other proper authority shall deem to be 42 necessary to protect the highways and bridges from injury, or provide 43 indemnity for any injury to highways and bridges or to persons or property 44 resulting from such operation. 45 (b) The owner or operator of an overweight or oversize vehicle shall 46 obtain a permit, or shall establish intent to obtain a permit by 47 contacting a permit office and receiving a permit number before moving the 48 vehicle on the highways. 49 (c) All special permits or evidence of intent to obtain a permit, shall 50 be carried in the vehicles to which they refer and shall upon demand be 51 delivered for inspection to any peace officer, authorized agent of the 52 board or any officer or employee charged with the care or protection of 53 the highways. 28 1 (2) Nonreducible vehicles or combinations of vehicles hauling 2 nonreducible loads at weights in excess of those set forth in section 3 49-1001, Idaho Code, shall pay fees as set forth in this subsection (2). Such 4 fees are based on the number of axles on the vehicle or combination of vehi- 5 cles and the total gross weight. 6 Column 1 Column 2 7 Number of axles Gross weight of vehicle Gross weight of vehicle 8 and load in pounds and load in pounds 9 2 40,001 - 10 3 54,001 - 11 4 68,001 - 12 5 80,001 131,001 13 6 97,001 148,001 14 7 114,001 165,001 15 (a) To determine the maximum allowable permit fee for vehicles with more 16 than seven (7) axles, the table can be extended by adding seventeen thou- 17 sand (17,000) pounds to the last listed weight in both columns 1 and 2 for 18 each added axle. 19 (b) Permit fees for column 1 shall start at four cents (4) per mile and 20 increase four cents (4) per mile for each additional two thousand (2,000) 21 pound increment up to the weight indicated in column 2. Permit fees for 22 column 2 shall start at one dollar and two cents ($1.02) per mile and 23 increase seven cents (7) per mile for each additional two thousand 24 (2,000) pound increment. 25 (c) Vehicles operating at weights less than the starting weights per axle 26 configuration listed in column 1 shall be charged fees as stated in sec-27 tion 49-434(9), Idaho Codefour cents (4) per mile. 28 (d) For vehicles operating with axles wider than eight (8) feet six (6) 29 inches or axles with more than four (4) tires per axle, the fee may be 30 reduced by the board or other proper authority having jurisdiction over a 31 highway. 32 (e) From July 1, 1998, through June 30, 1999, the fee charged per mile 33 pursuant to this subsection shall be assessed at one-half (1/2) the calcu- 34 lated fee. On and after July 1, 1999, the fee charged per mile shall be 35 calculated and assessed in accordance with this subsection. 36 (3) It shall be unlawful for any person to violate, or to cause or permit 37 to be violated, the limitations or conditions of special permits and any 38 violation shall be deemed for all purposes to be a violation of the provisions 39 of this chapter. 40 ( 24) A special pilot project route permit authorizing travel on pilot 41 project routes may be issued by the board or a local public highway agency for 42 operation of vehicles with a legal maximum gross weight of at least one hun- 43 dred five thousand five hundred one (105,501) pounds but not exceeding one 44 hundred twenty-nine thousand (129,000) pounds. Such pilot project routes on 45 nonstate and noninterstate highways shall be determined by the local highway 46 agency for those roads under its jurisdiction, based on criteria established 47 by the board. No local public highway agency shall approve a pilot project 48 route which provides a thoroughfare for interstate carriers to pass through 49 the state. State pilot project routes designated by the board based on crite- 50 ria established by the board and identified on a map entitled "Designated 51 Pilot Project Routes" are: 52 (a) Ashton to Kimberly to Twin Falls to Nevada using US-20, US-30, SH-33, 53 US-93, SH-25, SH-50 and SH-74. 54 (b) Interstate 15 to Wyoming or Utah border using US-30, SH-34 and US-91. 55 Additions or deletions to the approved state pilot project routes specified in 29 1 paragraphs (a) and (b) of this subsection ( 24) shall be made only with the 2 approval of the state legislature. 3 ( 35) An annual administrative permit fee for operating on pilot project 4 routes at the weights specified in subsection ( 24) of this section shall be 5 set by the board for travel on state pilot project routes and by the local 6 public highway agency for travel on routes under its jurisdiction, but not to 7 exceed a maximum of fifty dollars ($50.00) per vehicle. The annual permit 8 shall cover administrative costs. Local public highway agencies are authorized 9 to request the department to issue permits on their behalf. Permit fees for 10 permits issued by the department shall be retained by the department to cover 11 administrative costs. In addition to the annual administrative permit fee and 12 the weight-distance fee for weights up to one hundred five thousand five hun- 13 dred (105,500) pounds, the appropriate weight-distance fee for weights over 14 one hundred five thousand five hundred (105,500) pounds shall be calculated 15 and collected in accordance with the fee schedules set forth in section 16 49-434, Idaho Code. 17 SECTION 17. LEGISLATIVE INTENT. It is legislative intent that, contingent 18 upon certification by the Secretary of State that he has received notice from 19 the appropriate court of the Fourth Judicial District that the court has 20 granted final approval of a settlement pursuant to Case No. CV OC 9700724D, 21 American Trucking Association, et al. v. State of Idaho, et al., the following 22 provisions setting forth the process for transitioning from a combination of 23 registration fees and weight-distance use fees to a system of registration 24 fees only, shall take effect as provided herein. These following provisions 25 are both integral and necessary for the administration and implementation of 26 the new registration system. It is legislative intent that the following pro- 27 visions for vehicle registrations shall be in effect, subject to the contin- 28 gencies stated above, from October 1, 2000, through September 30, 2001. Sub- 29 section (5) shall continue to be in effect until the expiration of the appli- 30 cable limitations period under that subsection. 31 (1) With regard to registrations for vehicles exceeding sixty thousand 32 pounds gross vehicle weight which expire on December 31, 2000, the Idaho 33 Transportation Department may accept payment for registration fees that will 34 become effective on January 1, 2001, beginning October 1, 2000, and the owners 35 of those vehicles shall cease to accrue new liability for repealed weight- 36 distance use fees on January 1, 2001, and shall be liable for the new regis- 37 tration fees on January 1, 2001. An owner shall pay at least one-quarter of 38 the annual Idaho registration fee due. The remainder of the annual Idaho reg- 39 istration fee shall be paid in three equal installments on dates as billed by 40 the department. 41 (2) With regard to registration under the International Registration Plan 42 for foreign-based vehicles exceeding sixty thousand pounds gross vehicle 43 weight which expire in any month beginning October 1, 2000, through September 44 30, 2001, the owners of those vehicles shall cease to accrue new liability for 45 the repealed weight-distance use fees and shall be liable for the new regis- 46 tration fees on the first day of the month during which their registration is 47 due. Owners of vehicles whose registration has not yet expired during a given 48 calendar quarter shall continue to accrue, report and remit the weight- 49 distance use fees until the quarter in which their registration expires under 50 the repealed weight-distance statutes. 51 (3) With regard to registration under the International Registration Plan 52 for Idaho-based vehicles exceeding sixty thousand pounds gross vehicle weight 53 which expire in any month beginning October 1, 2000, through September 30, 54 2001, the owners of those vehicles shall have the option of converting from 30 1 the weight-distance use fee system to the registration fee only system at the 2 time their registration is scheduled to expire, or may convert any time during 3 the period from October 1, 2000, through September 30, 2001. At the time of 4 conversion, the owner shall pay all weight-distance use fees due and shall pay 5 at least one-quarter of the annual Idaho registration fee due, less any unex- 6 pired portion of registration fees already paid. The remainder of the annual 7 Idaho registration fee shall be paid in three equal installments on dates as 8 billed by the department. 9 (4) With regard to registration under the International Registration 10 Plan for Idaho-based vehicles exceeding sixty thousand pounds gross vehicle 11 weight which are being registered for the first time during the period from 12 October 1, 2000, through September 30, 2001, the owner shall pay at least one- 13 quarter of the annual Idaho registration fee and shall pay all other amounts 14 due and owing to all other jurisdictions in which the owner intends to oper- 15 ate. The remainder of the annual registration fee due to Idaho shall be paid 16 in three equal installments on dates as billed by the department. 17 (5) The Idaho Transportation Department may continue to enforce the 18 repealed statutes addressing payment and collection of weight-distance use 19 fees to audit and collect weight-distance use fees for the limitation period 20 that would be in effect if the weight-distance use fees had not been repealed. 21 Further, it is legislative intent that for registrations or renewals 22 occurring on and after October 1, 2001, all owners of vehicles exceeding sixty 23 thousand pounds gross vehicle weight who are registering in Idaho for the 24 first time, or who are renewing registrations on the registration fee only 25 system, shall pay the full annual Idaho registration fee at the time of regis- 26 tration or renewal of registration. 27 SECTION 18. REPORTING REQUIREMENTS. The Legislature hereby directs the 28 Idaho Transportation Department to review the level of fees collected under 29 the repealed system of registration fees and weight-distance use fees with the 30 newly enacted system of registration fees only. 31 During the First Regular Session and the Second Regular Session of the 32 Fifty-sixth Idaho Legislature, the department shall provide the information 33 and data necessary for the germane committees of the Legislature to review the 34 transition from weight-distance use fees to a system of registration fees 35 only. Such review shall include, but not be limited to, matters related to 36 installment payments for the registration fee, and the schedule of registra- 37 tion fees in columns 2, 3 and 4 of the table in Section 49-434(8)(c), Idaho 38 Code. 39 The Idaho Transportation Department shall report the revenues raised under 40 the year preceding and the last year of the old weight-distance use fees sys- 41 tem and the first and second years of the new registration fee only system to 42 the Second Regular Session of the Fifty-seventh Idaho Legislature. 43 SECTION 19. Section 1 of this act shall be in full force and effect on 44 and after July 1, 2000, contingent upon certification by the Secretary of 45 State that he has received notice from the appropriate court of the Fourth 46 Judicial District that the court has granted final approval of a settlement 47 pursuant to Case No. CV OC 9700724D, American Trucking Association, et al. v. 48 State of Idaho, et al., or on and after the date the Secretary of State so 49 certifies final approval of the settlement, whichever occurs later. 50 SECTION 20. Sections 2 through 18 of this act shall be in full force and 51 effect on and after October 1, 2000, contingent upon certification by the Sec- 52 retary of State that he has received notice from the appropriate court of the 31 1 Fourth Judicial District that the court has granted final approval of a set- 2 tlement pursuant to Case No. CV OC 9700724D, American Trucking Association, et 3 al. v. State of Idaho, et al., or on and after the date the Secretary of State 4 so certifies final approval of the settlement, whichever occurs later.
STATEMENT OF PURPOSE RS 10328C1 Fourth Judicial District, District Court Judge McLaughlin ruled in Case No. CVOC9700724D, American Trucking Association et. al. 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 limited commodity use fee schedule under Section 49-434 (8), Idaho Code, on April 1, 2000. This legislation repeals the use fee tax schedules based on mills per mile for vehicles weighing in excess of 60,000 pounds 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 at 7,500 miles per yeart or less and also for vehicles operating at 7,501 to 50,000 miles per year. A carrier operating at fewer than 2,500 miles per year would pay a flat rate regardless of weight. The audit frequency for carriers is changed from five years to four years to conform with standard practices and to comply with the statute of limitations on record retention. The legislation provides for the adminstration of the transition from a use fee system to a registration system and includes provisions that are necessary and integral to the transition. Such provisions include the option for carriers to pay the new registration fee after October 1, 2000, but prior to their registration renewal date or to continue paying under the weight-distance use fee schedule until their current registration expires. The legislation also provides for carriers to pay the Idaho portion of their registration fees in four equal installment payments during the one-year transition period. This legislation creates a settlement fund into which shall be deposited all funds appropriated for the settlement of this matter. The monies in the settlement fund shall be used to satisfy the settlement agreement in this matter as authorized and approved by the Fourth Judicial District Court. 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 Case 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 in the amount of approximately $41.3 million. CONTACTS Name: Senator Evan Frasure, Representative Jim Kempton Phone: 332-1000 Name: Mary York, Deputy Attorney General Agency: Idaho Transportation Department Phone: 334-8812 Statement of Purpose/Fiscal Note S 158