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H0267.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - COMMERCIAL - Amends and adds to existing law to provide
definitions; to revise the duties of the Idaho Transportation Department;
to reinstate the use fee and to delete language relating to registration
fees and the international registration plan; to provide for audit and
recordkeeping requirements under the proportional registration of fleets of
commercial vehicles; and to provide for administration by the Idaho
Transportation Department; to provide for quarterly reports of certain
commercial or farm vehicles; to provide for the maintenance of records; to
provide penalties; to provide for deposit or a bond to secure payment of
fees; to provide for an appeal; to provide a reference to use fees; to
revise audit guidelines; and to provide reference to use fees paid for
ladened weight and mileage.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 267
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO OPERATING FEES FOR MOTOR VEHICLES WEIGHING IN EXCESS OF SIXTY
3 THOUSAND POUNDS GROSS VEHICLE WEIGHT; AMENDING SECTION 49-114, IDAHO CODE,
4 TO FURTHER DEFINE "MAXIMUM GROSS WEIGHT"; AMENDING SECTION 49-122, IDAHO
5 CODE, TO DEFINE "USE FEE"; AMENDING SECTION 49-202, IDAHO CODE, TO REVISE
6 DUTIES OF THE IDAHO TRANSPORTATION DEPARTMENT AND TO MAKE A TECHNICAL COR-
7 RECTION; AMENDING SECTION 49-434, IDAHO CODE, TO PROVIDE A STATUTORY FEE,
8 TO REINSTATE THE USE FEE, TO DELETE LANGUAGE REGARDING REGISTRATION FEES
9 AND TO DELETE LANGUAGE REGARDING THE INTERNATIONAL REGISTRATION PLAN;
10 AMENDING SECTION 49-435, IDAHO CODE, TO PROVIDE AUDIT AND RECORDKEEPING
11 REQUIREMENTS UNDER PROPORTIONAL REGISTRATION OF FLEETS OF COMMERCIAL VEHI-
12 CLES; AMENDING CHAPTER 4, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW
13 SECTION 49-436, IDAHO CODE, TO PROVIDE FOR QUARTERLY REPORTS BY OWNERS OF
14 COMMERCIAL OR FARM VEHICLES HAVING A MAXIMUM COMBINED GROSS WEIGHT IN
15 EXCESS OF SIXTY THOUSAND POUNDS, TO PROVIDE FOR MAINTAINING RECORDS, TO
16 PROVIDE PENALTIES, TO PROVIDE FOR DEPOSIT OR A BOND TO SECURE PAYMENT OF
17 FEES AND TO PROVIDE FOR AN APPEAL; AMENDING SECTION 49-438, IDAHO CODE, TO
18 PROVIDE REFERENCE TO USE FEES; AMENDING SECTION 49-439, IDAHO CODE, TO
19 REVISE AUDIT GUIDELINES; AMENDING SECTION 49-504, IDAHO CODE, TO PROVIDE
20 REFERENCE FOR USE FEES PAID FOR LADENED WEIGHT AND MILEAGE; AMENDING SEC-
21 TION 49-1001, IDAHO CODE, TO DELETE REFERENCE TO REGISTRATION FEES, TO
22 PROVIDE REFERENCE TO USE FEES AND TO CORRECT A CODIFIER'S ERROR; AND PRO-
23 VIDING AN EFFECTIVE DATE.
24 Be It Enacted by the Legislature of the State of Idaho:
25 SECTION 1. That Section 49-114, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 49-114. DEFINITIONS -- M.
28 (1) "Major component part" means a rear clip, cowl, frame or inner struc-
29 ture forward of the cowl, body, cab, front end assembly, front clip or such
30 other part which is critical to the safety of the vehicle.
31 (2) "Manifest" means a form used for identifying the quantity, composi-
32 tion, origin, routing, waste or material identification code and destination
33 of hazardous material or hazardous waste during any transportation within,
34 through, or to any destination in this state.
35 (3) "Manufactured home." (See section 39-4105, Idaho Code)
36 (4) "Manufacturer" means every person engaged in the business of con-
37 structing or assembling vehicles of a type required to be registered at an
38 established place of business in this state. The term, for purposes of sec-
39 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
40 include a distributor and other factory representatives.
41 (5) "Manufacturer's year designation" means the model year designated by
42 the vehicle manufacturer, and not the year in which the vehicle is, in fact,
43 manufactured.
2
1 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped
2 for operation, to which shall be added the maximum load to be carried as
3 declared by the owner in making application for registration. When a vehicle
4 against which a registration or use fee is assessed is a combination of vehi-
5 cles, the term "maximum gross weight" means the combined maximum gross weights
6 of all vehicles in the combination.
7 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code)
8 (8) "Moped" means a limited-speed motor-driven cycle which is not capable
9 of propelling the vehicle at a speed in excess of thirty (30) miles per hour
10 on level ground, whether two (2) or three (3) wheels are in contact with the
11 ground during operation. If an internal combustion engine is used, the dis-
12 placement shall not exceed fifty (50) cubic centimeters and the moped shall
13 have a power drive system that functions directly or automatically without
14 clutching or shifting by the operator after the drive system is engaged.
15 (9) "Motorcycle" means every motor vehicle having a seat or saddle for
16 the use of the rider and designed to travel on not more than three (3) wheels
17 in contact with the ground, but excluding a tractor and moped.
18 (10) "Motor carrier" means an individual, partnership, corporation or
19 other legal entity engaged in the transportation by motor vehicle of persons
20 or property in the furtherance of a business or for hire.
21 (11) "Motor home" means a vehicular unit designed to provide temporary
22 living quarters, built into an integral part or permanently attached to a
23 self-propelled motor vehicle chassis. The vehicle must contain permanently
24 installed independent life support systems which meet the American National
25 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
26 vide at least four (4) of the following facilities: cooking, refrigeration or
27 ice box, self-contained toilet, heating and/or air conditioning, a potable
28 water supply system, including a faucet and sink, separate 110-125 volt elec-
29 trical power supply and/or LP-gas supply.
30 (12) "Motorized wheelchair" means a motor vehicle with a speed not in
31 excess of eight (8) miles per hour, designed for and used by a handicapped
32 person.
33 (13) "Motor number." (See "Identifying number," section 49-110, Idaho
34 Code)
35 (14) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
36 (15) "Motor vehicle liability policy" means an owner's or operator's pol-
37 icy of liability insurance, certified as provided in section 49-1210, Idaho
38 Code, as proof of financial responsibility, and issued by an insurance carrier
39 duly authorized to transact business in this state, to or for the benefit of
40 the person named therein as insured.
41 (16) "Motor vehicle record" means any record that pertains to a motor
42 vehicle registration, motor vehicle title or identification documents or other
43 similar credentials issued by the department or other state or local agency.
44 SECTION 2. That Section 49-122, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 49-122. DEFINITIONS -- U.
47 (1) "Unauthorized vehicle" means any vehicle parked or otherwise left on
48 private property without the consent of the person owning or controlling that
49 property.
50 (2) "United States" means the fifty (50) states and the District of
51 Columbia.
52 (3) "Unladen weight." (See "Light weight," section 49-113, Idaho Code)
53 (4) "Unregistered vehicle" means a vehicle without current registration
3
1 on file with the department or with the appropriate agency of another state,
2 unless exempt from registration.
3 (5) "Unusual noise." (See "Excessive," section 49-106, Idaho Code)
4 (6) "Urban district." (See "District," section 49-105, Idaho Code)
5 (7) "Use fee" means the fee as imposed in section 49-434, Idaho Code, for
6 vehicles exceeding sixty thousand (60,000) pounds gross weight, and calculated
7 based upon the number of miles traveled in Idaho multiplied by the use fee
8 rate per mile of travel as established by law for the applicable maximum gross
9 weight of the vehicle or combination of vehicles as registered.
10 (8) "Utility trailer" means a trailer or semitrailer designed primarily
11 to be drawn behind a passenger car or pickup truck for domestic and utility
12 purposes. Utility or domestic use shall include a farm trailer while being
13 used to haul agricultural products or livestock from farm to storage, market
14 or processing plant, or returning therefrom.
15 SECTION 3. That Section 49-202, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license
18 records in the office of the department shall be public records and open to
19 inspection by the public during normal business hours, except for those
20 records declared by law to be for the confidential use of the department, or
21 those records containing personal information subject to restrictions or con-
22 ditions regarding disclosure. If the department has contracted for a service
23 to be provided by another entity, an additional fee shall be charged by that
24 contractor whether the service is rendered during normal business hours, other
25 than normal business hours or on weekends.
26 (2) In addition to other fees required by law to be collected by the
27 department, the department shall collect the following:
28 (a) For certifying a copy of any record pertaining to any vehicle
29 license, any certificate of title, or any driver's license ......... $8.00
30 (b) For issuing every Idaho certificate of title .................. $8.00
31 (c) For furnishing a duplicate copy of any Idaho certificate of title
32 .................................................................... $8.00
33 (d) For issuance or transfer of every certificate of title on a new or
34 used vehicle or other titled vehicle in an expedited manner (rush titles),
35 in addition to any other fee required by this section ............. $15.00
36 (e) For recording a transitional ownership document, in addition to any
37 other fee required by this section ................................ $15.00
38 (f) For furnishing a replacement of any receipt of registration ... $3.00
39 (g) For furnishing copies of registration or ownership of motor vehicles
40 or driver's license records, per vehicle registration, accident report
41 records, title or per driver's license record ...................... $4.00
42 Additional contractor fee, not to exceed ........................... $4.00
43 (h) For services in searching files of vehicle or other registrations,
44 vehicle titles, or driver's licenses per hour ..................... $10.00
45 (i) Placing "stop" cards in vehicle registration or title files, each
46 ................................................................... $12.00
47 (j) For issuance of an assigned or replacement vehicle identification
48 number (VIN) .......................................................$10.00
49 (k) For a vehicle identification number (VIN) inspection whether con-
50 ducted by a city or county peace officer or any other peace officer or
51 designated agent of the state of Idaho, per inspection ............. $3.00
52 (l) For all replacement registration stickers, each ............... $1.00
53 (m) For issuing letters of temporary vehicle clearance to Idaho based
4
1 motor carriers .................................................... $10.00
2 (n) For all sample license plates, each .......................... $12.00
3 (o) For filing release of liability statements .................... $2.00
4 (p) For safety and insurance programs for each vehicle operated by a
5 motor carrier ...................................................... $2.00
6 A lesser amount may be set by rule of the board.
7 (3) The fees required in this section shall not apply when the service is
8 furnished to any federal, state, county or city peace officer when such ser-
9 vice is required in the performance of their duties as peace officers.
10 (4) The department may enter into agreements with private companies or
11 public entities to provide the services for which a fee is collected in sub-
12 section (2)(g) of this section. Such private contractor shall collect the fee
13 prescribed and remit the fee to the department. The contractor shall also col-
14 lect and retain the additional fee charged for his services.
15 (5) (a) The department shall pay three dollars ($3.00) of the fee col-
16 lected by a county assessor or other agent of the department as provided
17 in subsection (2)(a) through (f) of this section, and four dollars ($4.00)
18 as provided in subsection (2)(g) of this section, to the county assessor
19 or sheriff of the county or agent collecting such fee, which shall be
20 deposited with the county treasurer and credited to the county current
21 expense fund. The remainder of the fees collected as provided in that sub-
22 section shall be paid by the department to the state treasurer and placed
23 in the state highway fund.
24 (b) The fee collected under subsection (2)(k) of this section for a VIN
25 inspection shall be placed in the city general fund if conducted by a city
26 peace officer, in the county current expense fund if conducted by a county
27 peace officer, shall be retained by the special agent authorized to per-
28 form the inspection, or paid to the state treasurer and placed to the
29 credit of the Idaho state police if conducted by the Idaho state police or
30 in the state highway fund if conducted by the department.
31 (c) The fee collected under subsection (2)(p) of this section for motor
32 carriers shall be paid by the department to the state treasurer and placed
33 in the state highway fund. The director and the director of the Idaho
34 state police shall jointly determine the amount to be transferred from the
35 state highway fund to the law enforcement fund for motor carrier safety
36 programs conducted by the Idaho state police pursuant to the provisions of
37 section 67-2901A, Idaho Code.
38 (6) The department as often as practicable may provide to law enforcement
39 agencies the record of suspensions and revocations of driver's licenses via
40 the Idaho law enforcement telecommunications system (ILETS).
41 (7) The department shall provide the forms prescribed in chapter 5 of
42 this title, shall receive and file in its office in Boise, Idaho, all instru-
43 ments required in chapter 5 of this title to be filed with the department,
44 shall prescribe a uniform method of numbering certificates of title, and main-
45 tain in the department indices for such certificates of title. All indices
46 shall be by motor or identification number and alphabetical by name of the
47 owner.
48 (8) The department shall file each registration received under a distinc-
49 tive registration number assigned to the vehicle and to the owner thereof.
50 (9) The department shall not renew a driver's license or identification
51 card when fees required by law have not been paid or where fees for past
52 periods are due, owing and unpaid including insufficient fund checks, until
53 those fees have been paid.
54 (10) The department shall not grant the registration of a vehicle when:
55 (a) The applicant is not entitled to registration under the provisions of
5
1 this title; or
2 (b) The applicant has neglected or refused to furnish the department with
3 the information required in the appropriate form or reasonable additional
4 information required by the department, or has failed to comply with the
5 provisions of section 49-436, Idaho Code, in past registration periods; or
6 (c) The fees required by law have not been paid, or where fees for past
7 registration periods are due, owing and unpaid including insufficient fund
8 checks.
9 (11) The department or its authorized agents have the authority to request
10 any person, to submit to medical, vision, highway, or written examinations, to
11 protect the safety of the public upon the highways. The department or its
12 authorized agents may exercise such authority based upon evidence which may
13 include, but is not limited to, observations made.
14 (12) The department shall revoke the registration of any vehicle:
15 (a) Which the department shall determine is unsafe or unfit to be oper-
16 ated or is not equipped as required by law;
17 (b) Whenever the person to whom the registration card or registration
18 plate has been issued shall make or permit to be made any unlawful use of
19 the same or permit their use by a person not entitled thereto;
20 (c) For any violation of vehicle registration requirements by the owner
21 or operator in the current or past registration periods;
22 (d) Whenever a motor carrier requests revocation, or whenever an inter-
23 state carrier's federal operating authority has been revoked;
24 (e) For nonpayment by the owner or operator of the vehicle of use fees
25 computed under sections 49-434 and 49-435, Idaho Code;
26 (f) For failure of the owner or operator to file the reports required or
27 nonpayment of fees assessed against the owner by the department pursuant
28 to audit under the provisions of section 49-4396, Idaho Code;
29 (fg) Identified by any city or county administering a program established
30 by ordinance for the inspection and readjustment of motor vehicles (which
31 program is part of an approved state implementation plan adopted by both
32 the state and federal governments under 42 U.S.C. section 7410) as having
33 failed to comply with an ordinance requiring motor vehicle emission
34 inspection and readjustment; provided that no vehicle shall be identified
35 to the department under this subsection (fg) unless:
36 (i) The city or county certifies to the department that the owner
37 of the motor vehicle has been given notice and had the opportunity
38 for a hearing concerning compliance with the ordinance and has
39 exhausted all remedies and appeals from any determination made at
40 such hearing; and
41 (ii) The city or county reimburses the department for all direct
42 costs associated with the registration revocation procedure.
43 (13) The department shall not reregister or permit a vehicle to operate on
44 a special trip permit until all fees, penalties and interest have been paid.
45 (14) The department shall institute educational programs, demonstrations,
46 exhibits and displays.
47 (15) The department shall cancel a driver's license or identification card
48 when fees required by law have not been paid or where fees are due, owing and
49 unpaid including insufficient fund checks, until those fees have been paid.
50 (16) The department shall examine persons and vehicles by written, oral,
51 vision and skills tests without compulsion except as provided by law.
52 (17) The department shall employ expert and special help as needed in the
53 department.
54 (18) The department shall compile accident statistics and disseminate
55 information relating to those statistics.
6
1 (19) The department shall cooperate with the United States in the elimina-
2 tion of road hazards, whether of a physical, visual or mental character.
3 (20) The department shall place and maintain traffic-control devices, con-
4 forming to the board's manual and specifications, upon all state highways as
5 it shall deem necessary to indicate and to carry out the provisions of this
6 title or to regulate, warn, or guide traffic. No local authority shall place
7 or maintain any traffic-control device upon any highway under the jurisdiction
8 of the department except by the latter's permission, except where the duly
9 elected officials of an incorporated city have established speed limits lower
10 than those set by the department on the portion of state highways, excluding
11 controlled-access and interstate highways, that pass through residential,
12 urban or business districts within the jurisdiction of the incorporated city.
13 The placement and maintenance of such a traffic-control device by a local
14 authority shall be made according to the board's manual and specifications for
15 a uniform system of traffic-control devices.
16 (21) The department may conduct an investigation of any bridge or other
17 elevated structure constituting a part of a highway, and if it shall find that
18 the structure cannot with safety to itself withstand vehicles traveling at a
19 speed otherwise permissible under this title, shall determine and declare the
20 maximum speed of vehicles which the structure can safely withstand, and shall
21 cause or permit suitable signs stating the maximum speed to be erected and
22 maintained before each end of the structure.
23 (22) Whenever the department shall determine on the basis of an engineer-
24 ing and traffic investigation that slow speeds on any highway or part of a
25 highway impede the normal and reasonable movement of traffic, the department
26 may determine and declare a minimum speed limit below which no person shall
27 drive a vehicle except when necessary for safe operation or in compliance with
28 law, and that limit shall be effective when posted upon appropriate fixed or
29 variable signs, except in cases where the duly elected officials of an incor-
30 porated city have established speed limits lower than those set by the depart-
31 ment on portions of state highways, excluding controlled-access and interstate
32 highways, that pass through residential, urban or business districts within
33 the jurisdiction of the incorporated city.
34 (23) The department shall regulate or prohibit the use of any controlled-
35 access highway by any class or kind of traffic which is found to be incompati-
36 ble with the normal and safe movement of traffic.
37 (24) The department shall erect and maintain traffic-control devices on
38 controlled-access highways on which any prohibitions are applicable.
39 (25) Wherever a highway crosses one (1) or more railroads at grade, the
40 department or local authorities within their respective jurisdictions shall
41 place and maintain stop signs, directing vehicular traffic approaching the
42 crossing to come to a full stop prior to entering the crossing at all railroad
43 crossings where electric or mechanical warning signals do not exist. Placement
44 of these stop signs shall be mandatory except when in the determination of
45 public highway agencies the existence of stop signs at a given crossing would
46 constitute a greater hazard than their absence based on a recognized engineer-
47 ing study.
48 Nothing in this subsection shall be construed as granting immunity to any
49 railroad company as to liability, if any, for an accident which might occur at
50 a crossing where stop signs are erected and in place, but liability, if any,
51 shall be determined as provided by law. Liability on the part of governmental
52 authorities on account of absence of any stop sign at a crossing shall be
53 determined as provided by law.
54 (26) The department and local authorities are authorized to determine
55 those portions of any highway under their respective jurisdictions where over-
7
1 taking and passing or driving on the left side of the roadway would be espe-
2 cially hazardous and may by appropriate signs or markings on the roadway indi-
3 cate the beginning and end of those zones and when signs or markings are in
4 place and clearly visible to an ordinarily observant person, every driver of a
5 vehicle shall obey those directions.
6 (27) The department and local authorities in their respective jurisdic-
7 tions may in their discretion issue special permits authorizing the operation
8 upon a highway of traction engines or tractors having movable tracks with
9 transverse corrugations upon the periphery of the movable tracks or farm trac-
10 tors or other farm machinery, the operation of which upon a highway would
11 otherwise be prohibited under this title or title 40, Idaho Code.
12 (28) The department and local highway authorities within their respective
13 jurisdictions may place official traffic-control devices prohibiting, limiting
14 or restricting the stopping, standing or parking of vehicles on any highway
15 where such stopping, standing or parking is dangerous to those using the high-
16 way or where the stopping, standing or parking of vehicles unduly interferes
17 with the free movement of traffic thereon.
18 (29) On any informational material printed after July 1, 1995, by or at
19 the order of the department and distributed to counties, school districts or
20 individuals for the purpose of assisting a person to successfully pass a
21 driver's license test, the department shall include material about the state's
22 open range law and responsibilities, liabilities and obligations of drivers
23 driving in the open range.
24 SECTION 4. That Section 49-434, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 49-434. OPERATING FEES. (1) There shall be paid on all commercial vehi-
27 cles, noncommercial vehicles, and on all farm vehicles having a maximum gross
28 weight not in excess of sixty thousand (60,000) pounds, an annual registration
29 fee in accordance with the following schedule.
30 Maximum Gross Weight Annual Registration Fee
31 (Pounds) Noncommercial and Commercial
32 Farm Vehicles Vehicles
33 8,001-16,000 inc. .....................$ 48.00 $ 48.00
34 16,001-26,000 inc. ..................... 61.08 143.40
35 26,001-30,000 inc. ..................... 91.68 223.80
36 30,001-40,000 inc. ..................... 130.08 291.60
37 40,001-50,000 inc. ..................... 188.28 360.00
38 50,001-60,000 inc. ..................... 311.88 515.40
39 (2) There shall be paid on all commercial vehicles, irrespective of body
40 type, and on all farm vehicles having a maximum gross weight in excess of
41 sixty thousand (60,000) pounds, an annual registration fee in the amount pre-
42 scribed by subsection (8) of this section, as applicable of one hundred twenty
43 dollars ($120).
44 (3) In addition, the annual registration fee for trailers shall be:
45 (a) Trailer or semitrailer in a combination of vehicles ...........$15.00
46 (b) Rental utility trailer with a gross weight of two thousand (2,000)
47 pounds or less ......................................................$8.00
48 (c) Rental utility trailer with a gross weight over two thousand (2,000)
49 pounds .............................................................$15.00
50 (4) As an option to the trailer and semitrailer annual registration, the
51 department may provide extended registration.
52 (a) For trailers and semitrailers, the optional extended-registration
53 period shall not extend beyond seven (7) years.
8
1 (b) The fee shall be fifteen dollars ($15.00) for each year.
2 (c) The license plate originally issued shall remain on the trailer or
3 semitrailer until the registration expires.
4 (d) The registration document shall be the official record of the status
5 of the extended registration. No pressure-sensitive validation sticker
6 shall be required.
7 (e) For rental utility trailers, the optional registration period shall
8 not extend beyond five (5) years. The fee shall be as specified in subsec-
9 tion (3)(b) or (c) of this section. A pressure-sensitive sticker shall be
10 used to validate the license plate. The license plate shall become void if
11 the owner's interest in the rental utility trailer changes during the five
12 (5) year period. If the owner fails to enter the rental utility trailer on
13 the annual renewal application during the five (5) year period, the regis-
14 tration record shall be purged. Any unrenewed plate shall be returned to
15 the department if it is not entered on the renewal application.
16 (5) A fleet registration option is available to owners who have twenty-
17 five (25) or more commercial or farm vehicles or any combination thereof. Such
18 owners may register all of their company vehicles with the department in lieu
19 of registering with a county assessor. To qualify the fleet must be owned and
20 operated under the unified control of one (1) person and the vehicles must be
21 physically garaged and maintained in two (2) or more counties. Fleet registra-
22 tion shall not include fleets of rental vehicles. The department shall provide
23 a registration application to the owner and the owner shall provide all infor-
24 mation that the department determines is necessary. The department shall
25 devise a special license plate numbering system for fleet-registered vehicles
26 as an alternative to county license plates. The fleet registration application
27 and all subsequent registration renewals shall include the physical address
28 where a vehicle is principally used, garaged and maintained. The fleet owner
29 shall report the physical address to the department upon initial registration,
30 on each renewal, and at any time a vehicle registered under this option is
31 permanently transferred to another location.
32 (6) If the ownership of a vehicle changes during the registration period,
33 the original owner may transfer the plate to another vehicle. The remaining
34 fee shall be credited against the cost of the new registration. No rRefunds
35 may shall be given for any unexpired portion of the vehicle registration fee
36 if the plate is not transferred by the owner to another vehicle. Any request
37 for refund shall include surrender of the license plate, validation sticker
38 and registration document. Owners of vehicles registered under the interna-
39 tional registration plan may request a refund of the unexpired portion of the
40 Idaho vehicle registration fee by presenting evidence from the base jurisdic-
41 tion that the license plate, validation sticker and registration document have
42 been surrendered. A license plate shall not be transferred to another owner
43 when the ownership of a vehicle changes. The owner shall obtain a replacement
44 plate, validation sticker if required, and a registration document when a
45 plate is lost, destroyed or becomes illegible.
46 (7) An administrative fee of four dollars ($4.00) shall be paid and
47 deposited to the state highway account on all registrations completed by the
48 department under subsection (1) or (8)(a) (2) of this section. Vehicles regis-
49 tered under subsection (8)(b) of this section shall pay the fee provided in
50 section 49-435(2), Idaho Code.
51 (8) In addition to the registration and license fees provided by subsec-
52 tions (1) and (2) of this section, tThere shall be paid on all commercial and
53 farm vehicles having a maximum gross weight in excess of sixty thousand
54 (60,000) pounds, a registration use fee based upon the registered maximum
55 gross weight of a vehicle as declared by the owner and the total number of
9
1 miles driven on roads and highways in the state, county, city and highway dis-
2 trict systems in Idaho, and if registered under the international registration
3 plan (IRP), in all other jurisdictions. The appropriate registration fee shall
4 be determined as follows:
5 (a) If the owner registers vehicles under the international registration
6 plan (IRP), the appropriate mileage column shall be determined by the
7 total miles an owner operated a fleet of vehicles on roads and highways in
8 the state, county, city and highway district systems in Idaho and in all
9 other jurisdictions in the preceding year, as defined in section 49-117,
10 Idaho Code, and by the maximum gross weight of each vehicle within a
11 fleet.
12 (b) If the owner registers vehicles under the international registration
13 plan and determines that the average international registration plan fleet
14 miles, calculated by dividing the total IRP fleet miles in all jurisdic-
15 tions by the number of registered vehicles, is less than fifty thousand
16 one (50,001) miles, the owner may apply to the department for refund of a
17 portion of the registration fees paid, consistent with the fee schedules
18 set forth in this section. The department shall provide an application for
19 the refund. An owner making application for refund under this section
20 shall be subject to auditing as provided in section 49-439, Idaho Code.
21 (c) If the owner is not registering vehicles under the international reg-
22 istration plan, the appropriate mileage column shall be determined by the
23 total miles the owner operated each of the vehicles to be registered on
24 roads and highways in the state, county, city and highway district systems
25 in Idaho in the preceding year and by the maximum gross weight of each
26 vehicle in accordance with the following schedule. The use fees shall be
27 calculated by multiplying the mills per mile, determined from the mills
28 per mile schedule table, times the reported mileage for the vehicle, sub-
29 ject to the provisions of this section.
30 Maximum Gross
31 Weight of Vehicle Mills per Mile Total Miles Driven
32 (Pounds)
33 1-7,500 7,501-50,000 Over 50,000
34 60,001-62,000 30.05 $210 $ 840 $1,400
35 62,001-64,000 31.35 240 960 1,600
36 64,001-66,000 32.60 270 1,080 1,800
37 66,001-68,000 33.90 300 1,200 2,000
38 68,001-70,000 35.15 330 1,320 2,200
39 70,001-72,000 36.40 360 1,440 2,400
40 72,001-74,000 38.55 390 1,560 2,600
41 74,001-76,000 40.65 420 1,680 2,800
42 76,001-78,000 42.75 450 1,800 3,000
43 78,001-80,000 44.90 480 1,920 3,200
44 80,001-82,000 47.00 495 1,980 3,300
45 82,001-84,000 49.10 510 2,040 3,400
46 84,001-86,000 51.20 525 2,100 3,500
47 86,001-88,000 53.30 540 2,160 3,600
48 88,001-90,000 55.40 555 2,220 3,700
49 90,001-92,000 57.50 570 2,280 3,800
50 92,001-94,000 59.60 585 2,340 3,900
51 94,001-96,000 61.70 600 2,400 4,000
52 96,001-98,000 63.80 615 2,460 4,100
53 98,001-100,000 65.90 630 2,520 4,200
54 100,001-102,000 68.00 645 2,580 4,300
55 102,001-104,000 70.10 660 2,640 4,400
10
1 Maximum Gross
2 Weight of Vehicle Mills per Mile Total Miles Driven
3 (Pounds)
4 104,001-106,000 72.20 675 2,700 4,500
5 106,001-108,000 690 2,760 4,600
6 108,001-110,000 705 2,820 4,700
7 110,001-112,000 720 2,880 4,800
8 112,001-114,000 735 2,940 4,900
9 114,001-116,000 750 3,000 5,000
10 116,001-118,000 765 3,060 5,100
11 118,001-120,000 780 3,120 5,200
12 120,001-122,000 795 3,180 5,300
13 122,001-124,000 810 3,240 5,400
14 124,001-126,000 825 3,300 5,500
15 126,001-128,000 840 3,360 5,600
16 128,001-129,000 855 3,420 5,700
17 (d) Any commercial or farm vehicle registered for more than sixty thou-
18 sand (60,000) pounds up to one hundred six thousand (106,000) pounds
19 traveling fewer than two thousand five hundred (2,500) miles annually on
20 roads and highways in the state, county, city and highway district systems
21 in Idaho shall pay an annual registration fee of two hundred fifty-five
22 dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not
23 apply to vehicles registered under this subsection (8)(d).
24 (9) (a) During the first registration year that the fee schedule in sub-
25 section (8)(c) of this section is in use, an owner shall use the mileage
26 data from the records used to report the mileage use fee in the immedi-
27 ately preceding year as the basis for determining the appropriate regis-
28 tration fee schedule.
29 (b) Any owner who registers a motor vehicle for the first time and who
30 has no mileage history for the vehicle shall estimate the miles to deter-
31 mine the appropriate fee schedule in subsection (8)(c) of this section.
32 When estimating the miles, the owner shall provide a statement on the
33 application of the method used to arrive at the estimated miles.
34 (c) Any owner using any fee schedule other than the highest fee schedule
35 under subsection (8)(c) of this section, shall certify at the time of reg-
36 istration that the miles operated in the preceding year do not exceed the
37 schedule applied for. Any owner using a fee schedule under subsection
38 (8)(c) of this section that is less than the highest schedule shall main-
39 tain records to substantiate the use of the schedule as required by sec-
40 tion 49-439, Idaho Code If any vehicle or combinations of vehicles move on
41 the highways of the state, and the vehicle or combination exceeds its reg-
42 istered maximum gross weight there shall be paid for that vehicle, the
43 fees provided for in subsection (8) of this section, as applicable, for
44 the actual gross weight of the vehicle or combination of vehicles for the
45 miles traveled at the heavier weight.
46 (10) If any vehicle or combinations of vehicles haul nonreducible loads,
47 as authorized under the provisions of section 49-1004, Idaho Code, and weigh
48 less than the starting weights per axle configuration listed in column 1 of
49 subsection (2), section 49-1004, Idaho Code, then and in that event there
50 shall be paid for that vehicle, in addition to the other fees required in this
51 section, an additional use fee of 2.1 mills per mile for each two thousand
52 (2,000) pounds or fraction thereof of the maximum gross weight in excess of
53 those set forth in section 49-1001, Idaho Code.
54 (11) Any owner operating vehicle combinations may apply to the department
55 for authority to report multiple weights and pay use fees based upon the maxi-
11
1 mum gross weight of each configuration in the combination being operated. The
2 owner shall declare a maximum gross weight for each configuration being oper-
3 ated but not more than three (3) maximum gross weights for a vehicle combina-
4 tion may be declared. Any owner who receives authority to report and pay use
5 fees at multiple maximum gross weights shall register the motor vehicle in a
6 combination at the highest maximum gross weight of the vehicle. Any owner who
7 reports vehicle combinations at multiple weights and fails to maintain records
8 and furnish said records to the department upon request which show the config-
9 uration of the combination of vehicles and the trailer and unit number for all
10 miles and trip segments traveled shall have all miles assessed at the highest
11 maximum gross weight of the combination of vehicles.
12 (12) An applicant for registration of a commercial vehicle, a noncommer-
13 cial vehicle or a farm vehicle shall set forth the maximum gross weight of the
14 vehicle or combination of vehicles and the applicant shall pay any annual reg-
15 istration fees and any annual license fees on trailers and semitrailers
16 required at the time he makes application for registration subject to the pro-
17 visions of subsections (1), (2), (3) and (4) of this section. No part of the
18 registration or license fees shall be subject to refund. The use fee payment
19 required shall be computed according to the schedule in subsection (8) of this
20 section on the mileage operated over the highways of the state of Idaho and
21 the owner of any vehicle against which a use fee is assessed shall, at the
22 time of making his next quarterly report, pay the use fee, if any, for the
23 three (3) calendar months immediately prior. In determining the mileage sub-
24 ject to the use fee, there shall be deducted the miles traveled on roadways
25 maintained with private funds by agreement with the public agency or agencies
26 having jurisdiction over them. In no event shall the total money credited to
27 the owner for the mileage exceed the actual cost of maintenance expended by
28 him.
29 (13) Any owner who operates or intends to operate non-Idaho based vehicles
30 in Idaho that are subject to the use fee required under the provisions of this
31 section shall apply for a use fee account before operating the vehicles in
32 Idaho. In lieu of establishing a use fee account the owner may purchase a trip
33 permit under the provisions of section 49-432, Idaho Code, as applicable. The
34 department shall develop rules to administer the use fee account. Any owner
35 who has not established a use fee account or has not purchased a trip permit
36 prior to operating in Idaho shall have committed an infraction.
37 SECTION 5. That Section 49-435, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 49-435. PROPORTIONAL REGISTRATION OF COMMERCIAL VEHICLES. (1) Any owner
40 engaged in operating one (1) or more fleets of commercial vehicles may, in
41 lieu of the registration fees imposed by section 49-434, Idaho Code, register
42 each fleet for operation in this state by filing an application with the
43 department which shall contain the information required by the international
44 registration plan (IRP) agreement. Any owner who makes application for propor-
45 tional registration under the provisions of the international registration
46 plan shall comply with the terms and conditions of the IRP agreement.
47 (2) The department shall register the vehicle so described and identified
48 and may issue license plates or distinctive sticker or other suitable identi-
49 fication device for each vehicle listed in the application upon payment of the
50 fees required under subsections (1) and (8) of section 49-434, Idaho Code, and
51 an additional identification charge of eight dollars ($8.00) per vehicle. The
52 fees collected for the additional identification shall be deposited to the
53 state highway account. A registration card shall be issued for each propor-
12
1 tionally registered vehicle appropriately identifying it which shall be car-
2 ried in or upon the vehicle identified at all times.
3 (3) Fleet vehicles so registered and identified shall be deemed to be
4 fully licensed and registered in this state for any type of movement or opera-
5 tion.
6 (4) The right to the privilege and benefits of proportional registration
7 of fleet vehicles extended by this section, or by any contract, agreement,
8 arrangement or declaration made under the authority provided in section
9 49-201, Idaho Code, shall be subject to the condition that each fleet vehicle
10 proportionally registered shall also be proportionally or otherwise properly
11 registered in at least one (1) other jurisdiction during the period for which
12 it is proportionally registered in this state.
13 (5) Any owner whose application for proportional registration has been
14 accepted shall preserve the records on which the application is based for a
15 period of four (4) years following the year of application. The owner shall
16 agree to make his records accessible to the department for audit as to accu-
17 racy of computations, payments and assessments of deficiencies or allowances
18 for credit. The department shall make arrangements with agencies of other
19 jurisdictions administering motor vehicle registration laws for joint audits
20 of any owner or exchange of audit information. No assessment for deficiency or
21 claim for credit may be made for any period for which records are no longer
22 required. Any sums found to be due and owing upon audit shall bear interest of
23 six percent (6%) from the date when they should have been paid until the date
24 of actual payment. If the audit discloses a deliberate and willful intent to
25 evade the requirements of appropriate payment, an additional penalty of ten
26 percent (10%) shall also be assessed.
27 (6) No provision of this section relating to proportional registration of
28 fleet vehicles shall be construed as requiring any vehicle to be proportion-
29 ally registered if it is otherwise registered in this state for the operation
30 in which it is engaged including regular registration or temporary trip per-
31 mit.
32 (7) Proportionally registered vehicles having a maximum gross weight in
33 excess of sixty thousand (60,000) pounds shall pay a use fee in accordance
34 with section 49-434, Idaho Code, as applicable.
35 SECTION 6. That Chapter 4, Title 49, Idaho Code, be, and the same is
36 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
37 ignated as Section 49-436, Idaho Code, and to read as follows:
38 49-436. QUARTERLY REPORTS -- MAINTAINING RECORDS -- PENALTIES -- DEPOSIT
39 OR BOND TO SECURE PAYMENT OF FEES -- APPEAL. (1) Not later than the last day
40 of April, and on the last day of each third calendar month thereafter, each
41 owner of a commercial or farm vehicle having a maximum combined gross weight
42 in excess of sixty thousand (60,000) pounds, shall file with the department a
43 statement of the gross miles each vehicle has traveled over the highways of
44 the state of Idaho for the preceding calendar months of the year for which
45 that report is made. Each report shall be cumulative of all miles traveled
46 during all calendar months in that year for which the report is made.
47 (2) Every owner whose fees are computed as specified in section 49-434,
48 Idaho Code, shall maintain records and permit the department to inspect the
49 records upon request to substantiate the following:
50 (a) The actual miles traveled over Idaho highways.
51 (b) Reporting at multiple weights pursuant to section 49-434, Idaho Code.
52 (c) If an owner registers a vehicle or combination of vehicles at a
53 weight in excess of sixty thousand (60,000) pounds and the registered max-
13
1 imum gross weight is less than the weight allowable under the provisions
2 of section 49-1001, Idaho Code, for that vehicle or combination of vehi-
3 cles, then the owner must maintain and provide to the department on demand
4 records of the vehicle's or combination of vehicles' actual gross weight
5 and the configuration of the combination of vehicles for all miles
6 traveled. If the owner fails to maintain and produce such records then all
7 miles for the vehicle or combination of vehicles will be assessed at the
8 highest weight the vehicle or combination of vehicles could legally oper-
9 ate pursuant to section 49-1001, Idaho Code. If an owner registers a vehi-
10 cle or combination of vehicles at a weight in excess of sixty thousand
11 (60,000) pounds and the registered maximum gross weight is equal to or
12 exceeds the weight allowable under the provisions of section 49-1001,
13 Idaho Code, for that vehicle or combination of vehicles then the owner is
14 not required to maintain actual gross weight records of the vehicles or
15 combination of vehicles. Owners may voluntarily report quarterly the
16 weight hauled in excess of registered maximum gross weight and may pay use
17 fees for such voluntarily reported weight without penalty.
18 (d) Overweight travel authorization fees as set forth in section 49-1001,
19 Idaho Code, shall be remitted quarterly.
20 (3) When the records are maintained outside this state by owners engaged
21 in transportation in this state, the owner shall reimburse the department for
22 reasonable expenses incurred by the department in making audits of those
23 records and accounts at the out-of-state location. The owner or the department
24 may request that the records be presented at a place within the state desig-
25 nated by the department. The records must be presented by a representative of
26 the owner familiar with the records and who is responsible for the safekeeping
27 of the records. Every owner is required to maintain records for four (4) years
28 from the due date of the quarterly report unless the department and the owner
29 agree in writing to shorten or lengthen the time period. The amount of fees
30 imposed in this chapter shall be assessed within four (4) years after the due
31 date of the quarterly report unless the department and owner agree in writing
32 to lengthen the time period. If an assessment has been made, such fees may be
33 collected by a proceeding in court within a period of three (3) years after
34 the assessment or a final order entered pursuant to subsection (10) of this
35 section.
36 (4) Owners of commercial and farm vehicles using the registration fee
37 schedules in section 49-434(1), Idaho Code, are subject to audit to determine
38 if the proper schedule is being used. If the weight classification being used
39 is found to be understated, the difference between the registration fees paid
40 and the registration fees due will become due and payable. If the vehicles are
41 found to be operating in excess of sixty thousand (60,000) pounds gross
42 weight, the difference between the registration fees paid under section
43 49-434(1), Idaho Code, and the amount that would have been due under the use
44 fee schedule in section 49-434(8), Idaho Code, will be determined and the bal-
45 ance due, if any, will be collected. If an owner registers a vehicle or combi-
46 nation of vehicles at a weight less than the weight allowable under the provi-
47 sions of section 49-1001, Idaho Code, for that vehicle or combination of vehi-
48 cles then the owner must maintain vehicle gross weight records in addition to
49 the mileage records and allow the department to inspect the vehicle gross
50 weight and mileage records.
51 (5) Owners using the use fee schedules in section 49-434(8), Idaho Code,
52 are subject to audit to determine if the proper use fee schedule and weight
53 classification is being used and if all miles traveled on Idaho highways have
54 been reported. If the operating weight, as determined from citations issued
55 for exceeding weight limitations specified in title 49, Idaho Code, exceeds
14
1 the registered maximum gross weight, the additional use fees for the miles
2 traveled at the heavier weight, if not already paid, shall become due and pay-
3 able.
4 (6) An owner who fails to maintain records as required by the provisions
5 of this section may have the registration of all vehicles registered under
6 sections 49-434 and 49-435, Idaho Code, suspended until such time as adequate
7 records as required by the provisions of this section are provided. In the
8 event that the owner does not produce records, the department may make an
9 assessment of fees due based on an estimate of the operation. The department
10 shall promulgate rules specifying the methodology used to determine an assess-
11 ment based on an estimate of the operation. There shall be added to every such
12 estimated assessment a penalty of two percent (2%) per month or fraction
13 thereof after the report was required to be filed or the fee became due up to
14 a maximum penalty of thirty-six percent (36%) of the fee due. Upon payment of
15 the estimated assessment and all other fees due and owing, including the rein-
16 statement fee, the owner's registration shall be reinstated.
17 (7) An owner who fails to file any reports or pay any fees or penalties
18 due is subject to suspension of his vehicle registrations. An order suspending
19 the vehicle registrations shall be mailed to the owner upon discovery of the
20 deficiency by the department. The suspension shall be lifted if the reports
21 are filed and the payments due are made, along with a reinstatement fee of
22 forty dollars ($40.00) per carrier within fifteen (15) days after receipt of
23 the suspension order. The reinstatement fees shall be deposited to the state
24 highway account. The owner shall have the right to appeal the suspension by
25 petitioning the department for a hearing within ten (10) days after receipt of
26 the suspension order. If the suspension is set aside the reinstatement fee
27 shall not be due.
28 (8) An owner failing to file a mileage report or pay any fee due within
29 the time required as specified in this section shall, in addition to the
30 amount of the fee, pay a penalty of ten percent (10%) of the amount of fee
31 determined to be due, plus the interest of one percent (1%) of the amount of
32 the use fees due for each month or fraction thereof after the report was
33 required to be filed or the fee became due, but the department may remit all
34 or any part of the penalty and interest if satisfied that the delay was excus-
35 able. The department shall promulgate rules specifying when the penalty may be
36 held in abeyance or forgiven.
37 (9) (a) If the department finds it necessary in order to ensure the col-
38 lection of any fees or penalties imposed upon an owner, it may at the time
39 and as a condition of granting a registration or to reinstate a registra-
40 tion require an owner to deposit and keep on deposit with the department a
41 sum equal to the estimated fees computed under the schedule in section
42 49-434, Idaho Code, for a period not to exceed three (3) months. In deter-
43 mining the necessity for an applicant or owner to maintain a deposit the
44 department shall consider the applicant's or owner's financial capability
45 and responsibility and prior experience, if any, in collecting fees or
46 penalties from the applicant, owner or any person having a substantial
47 interest or control, directly or indirectly, in or over the operations
48 conducted or to be conducted under the registration.
49 (b) The department may accept in lieu of a deposit a bond to secure pay-
50 ment of sums payable by the owner. The total amount of the deposit or bond
51 shall be determined by the department in a manner as it shall deem proper,
52 taking into account the nature and scope of the owner's operations. The
53 amount may be increased or reduced at any time.
54 (c) If an owner ceases to be registered under the provisions of this
55 chapter, the department, upon receipt of all payments due, shall refund to
15
1 the owner all deposits remaining to the owner's credit and shall release
2 the surety on any bond given under this section.
3 (d) Any applicant or owner required to make a deposit to secure the pay-
4 ment of fees or penalties may by proper petition demand a hearing on the
5 necessity of the deposit or the reasonableness of the amount required. A
6 hearing shall be granted and held within ten (10) days after the demand.
7 The decision of the director shall become final ten (10) days after ser-
8 vice of the order upon the applicant or owner concerned. Notice shall be
9 served personally or by certified mail addressed to the applicant or owner
10 at his address as it appears in the records of the department. An appeal
11 may be taken from any decision of the department as from the decision of
12 the magistrate's division to the district court.
13 (10) An owner wishing to contest an assessment made by the department may,
14 within thirty (30) days from receipt of the assessment, file an appeal with
15 the department. Upon receipt of an appeal the director or his authorized rep-
16 resentative shall schedule an informal conference between the owner and a rep-
17 resentative of the department. The informal conference must be conducted
18 within twenty (20) days from the date of receipt of notice of intent to appeal
19 from the owner. The owner and the representative of the department shall
20 reduce all conclusions, agreements and decisions to writing, if an informal
21 conference is held, but attendance at and participation in the informal con-
22 ference is at the option of the owner. If an informal conference is held, the
23 written report of the results of that conference shall be provided to the
24 director within ten (10) days. If the results of the informal conference are
25 not satisfactory to the owner, he may continue with the appeal by informing
26 the director in writing, and the director or his authorized representative
27 shall appoint a hearing officer to conduct a contested case hearing in accor-
28 dance with chapter 52, title 67, Idaho Code. The hearing officer may subpoena
29 witnesses and evidence and administer oaths. The hearing officer shall prepare
30 written findings of fact and conclusions of law for the director or his autho-
31 rized representative. Upon receipt of findings of fact and conclusions of law
32 the director or his authorized representative shall issue a final order
33 affirming, modifying or reversing the original assessment. All final orders
34 rendered by the director or his authorized representative shall be appealable
35 in accordance with chapter 52, title 67, Idaho Code.
36 SECTION 7. That Section 49-438, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 49-438. PENALTY FOR EXCEEDING REGISTERED GROSS WEIGHT. Any person who
39 shall operate, cause, permit, or suffer to be operated upon any highway any
40 vehicle or combination of vehicles with a gross weight in excess of the regis-
41 tered gross weight of the vehicle specified in this title, without having paid
42 the additional registration and use fees required, shall have committed a
43 violation under the an infraction. or misdemeanor provisions of section
44 49-1013, Idaho Code.
45 SECTION 8. That Section 49-439, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 49-439. AUDIT GUIDELINES. (1) The department may audit an owner of motor
48 vehicles subject to fees pursuant to this chapter once every four (4) years
49 unless probable cause, as defined by department rule, exists that the owner
50 has not paid fees due pursuant to this chapter or has underreported or
51 underpaid fees due pursuant to this chapter. An owner selected for audit more
16
1 frequently than the four (4) years may have the audit selection reviewed for
2 determination of the absence of probable cause by the district court of the
3 county where the owner resides or where the owner's place of business is
4 located or in Ada County, at the discretion of the owner. The department shall
5 promulgate rules outlining its procedures for audit selection, assignment and
6 inventory. Any owner of motor vehicles who has been subjected to an audit by
7 the department that has not been in compliance with the provisions of this
8 section or rules promulgated pursuant thereto may recover attorney's fees and
9 costs as may be determined by a court or may receive his attorney's fees and
10 costs if granted, all or in part, by the director all in accordance with sec-
11 tion 12-117, Idaho Code.
12 (2) Every owner whose fees are computed as specified in section 49-434 or
13 49-435, Idaho Code, except those registering under subsection (8)(c) of sec-
14 tion 49-434, Idaho Code, for over fifty thousand (50,000) miles driven, shall
15 maintain records and permit the department to inspect the records upon request
16 to substantiate that the actual miles traveled, if using a mileage schedule in
17 subsection (8)(c) of section 49-434, Idaho Code, are less than the maximum
18 mileage schedule.
19 (3) When the records are maintained outside this state by owners engaged
20 in transportation in this state, the owner shall reimburse the department for
21 reasonable expenses incurred by the department in making audits of those
22 records and accounts at the out-of-state location. The owner or the department
23 may request that the records be presented at a place within the state desig-
24 nated by the department. The records must be presented by a representative of
25 the owner who is familiar with the records and who is responsible for the
26 safekeeping of the records.
27 (4) Every owner is required to maintain records for the current year and
28 the three (3) years immediately preceding. If an assessment has been made,
29 such fees may be collected by a proceeding in court within a period of three
30 (3) years after the assessment or a final order entered pursuant to subsection
31 (7) of this section.
32 (5) An owner who fails to maintain records as required by the provisions
33 of this section may have the registration of all vehicles registered under
34 section 49-434 or 49-435, Idaho Code, suspended until such time as adequate
35 records as required by the provisions of this section are provided. In the
36 event that the owner does not produce records, the department may assess a fee
37 based on an estimate of the operation. The department shall promulgate rules
38 specifying the methodology to be used to assess a fee based on an estimate of
39 the operation.
40 (6) An owner who fails to pay any fees due is subject to suspension of
41 vehicle registrations in addition to a penalty of ten percent (10%) of the
42 amount of fee determined to be due, plus interest of one percent (1%) of the
43 amount of the fee due for each month or fraction thereof after the fee became
44 due. An order suspending the vehicle registration shall be mailed to the owner
45 by the department. The suspension shall be canceled if the payment due is
46 made, plus penalty and interest, along with a reinstatement fee of forty dol-
47 lars ($40.00) per carrier within fifteen (15) days after receipt of the sus-
48 pension order. The department may remit all or any part of the penalty and
49 interest if satisfied that the delay was excusable. The department shall pro-
50 mulgate rules specifying when the penalty may be held in abeyance or be for-
51 given. The reinstatement fees shall be deposited to the state highway account.
52 The owner shall have the right to appeal the suspension by petitioning the
53 department for a hearing within ten (10) days after receipt of the suspension
54 order. If the suspension is subsequently canceled pursuant to the appeal, the
55 reinstatement fee shall not be due.
17
1 (7) An owner may contest an assessment made by the department within
2 thirty (30) days from receipt of the assessment by filing an appeal with the
3 department. Upon receipt of an appeal, the director or his authorized repre-
4 sentative shall schedule an informal conference between the owner and a repre-
5 sentative of the department. The informal conference must be conducted within
6 twenty (20) days from the date of receipt of notice of intent to appeal by the
7 owner. The owner and the representative of the department shall reduce all
8 conclusions, agreements and decisions to writing and the written report of the
9 results of that conference shall be provided to the director within ten (10)
10 days. If the results of the informal conference are not satisfactory to the
11 owner, he may continue with the appeal by informing the director in writing,
12 and the director or his authorized representative shall appoint a hearing
13 officer to conduct a contested case hearing in accordance with chapter 52,
14 title 67, Idaho Code. The hearing officer may subpoena witnesses and evidence
15 and administer oaths. The hearing officer shall prepare written findings of
16 fact and conclusions of law for the director or his authorized representative.
17 Upon receipt of findings of fact and conclusions of law, the director or his
18 authorized representative shall issue a final order affirming, modifying or
19 reversing the original assessment. All final orders rendered by the director
20 or his authorized representative shall be appealable in accordance with chap-
21 ter 52, title 67, Idaho Code.
22 SECTION 9. That Section 49-504, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-504. APPLICATIONS TO DEPARTMENT FOR CERTIFICATES -- PROCEDURE -- IDEN-
25 TIFICATION NUMBERS. (1) Application for a certificate of title shall be made
26 upon a form furnished by the department and shall contain a full description
27 of the vehicle including the make, identification numbers, and the odometer
28 reading at the time of sale or transfer, and whether the vehicle is new or
29 used, together with a statement of the applicant's title and of any liens or
30 encumbrances upon the vehicle, and the name and address of the person to whom
31 the certificate of title shall be delivered, and any other information as the
32 department may require. The application shall be filed with the department,
33 and if a certificate of title has previously been issued for that vehicle in
34 this state, shall be accompanied by the certificate of title duly assigned,
35 unless otherwise provided for in this chapter. The department may promulgate
36 rules to provide for exceptions to the odometer requirement.
37 (2) If a certificate of title has not previously been issued for the
38 vehicle in this state, the application, unless otherwise provided for in this
39 chapter, shall be accompanied by a proper bill of sale or a duly certified
40 copy thereof, or by a certificate of title, bill of sale or other evidence of
41 ownership required by the law of any other state from which the vehicle was
42 brought into this state, and a vehicle identification number inspection com-
43 pleted by any city, county or state peace officer or other special agent
44 authorized by the department.
45 (3) In the case of a new vehicle being titled for the first time, no cer-
46 tificate of title or registration shall be issued unless the application is
47 indorsed by a franchised new vehicle dealer licensed to sell a new vehicle.
48 Each application shall be accompanied by a manufacturer's certificate of ori-
49 gin or manufacturer's statement of origin executed by the manufacturer and
50 delivered to his agent or his franchised vehicle dealer. The certificate or
51 statement of origin shall be in a form prescribed by the board and shall con-
52 tain the year of manufacture or the model year of the vehicle, the
53 manufacturer's vehicle identification number, the name of the manufacturer,
18
1 the number of cylinders, a general description of the body, if any, and the
2 type or model. Upon sale of a new vehicle, the manufacturer, his agent or
3 franchised dealer shall execute and deliver to the purchaser an assignment of
4 the certificate or statement, together with any lien or encumbrance to which
5 the vehicle is subject.
6 (4) The department shall retain the evidence of title presented by the
7 applicant and on which the certificate of title is issued. The department
8 shall maintain an identification numbers index of registered vehicles, and
9 upon receiving an application for a certificate of title, shall first check
10 the identification number shown in the application against the index. The
11 department, when satisfied that the applicant is the owner of the vehicle and
12 that the application is in proper form, shall issue in the name of the owner
13 of the vehicle a certificate of title bearing a title number, the date issued
14 and a description of the vehicle as determined by the department, together
15 with a statement of the owner's title and of all liens or encumbrances upon
16 the vehicle, and whether possession is held by the owner under a lease, con-
17 tract or conditional sale, or other like agreement.
18 (5) In all cases of transfer of vehicles the application for certificates
19 of title shall be filed within thirty (30) calendar days after the delivery of
20 the vehicles. Licensed dealers need not apply for certificate of title for
21 vehicles in stock or when they are acquired for stock purposes.
22 (6) In the case of the sale of a vehicle by a dealer to a general pur-
23 chaser or user, the certificate of title shall be obtained in the name of the
24 purchaser by the dealer upon application signed by the purchaser. If a lien is
25 to be recorded, the title documentation as required in this section shall be
26 submitted to the department by the dealer or the lienholder upon application
27 signed by the purchaser. A copy of this application shall be given to the pur-
28 chaser to be used as a seventy-two (72) hour temporary permit. In all other
29 cases the certificates shall be obtained by the purchaser and the seller's
30 bill of sale shall serve as a seventy-two (72) hour permit. The seventy-two
31 (72) hour time period for temporary permits shall be calculated excluding
32 weekend days and legal holidays observed by the state of Idaho. This temporary
33 permit allows operation of any noncommercial vehicle or unladened commercial
34 vehicle or vehicle combination without license plates for the period of time
35 specified in the permit. A ladened commercial vehicle or vehicle combination
36 may also operate without license plates for the period of time specified in
37 the temporary permit provided that the owner or operator has also obtained a
38 permit issued under the provisions of section 49-432, Idaho Code, and provided
39 use fees have been paid for the ladened weight and mileage.
40 (7) If the vehicle has no identification number, then the department
41 shall designate an identification number for that vehicle at the time of issu-
42 ance of the certificate of title. The identification number shall be perma-
43 nently affixed to or indented upon the frame of the vehicle and legibly main-
44 tained by the owner at all times while a certificate of title to the vehicle
45 shall be issued and outstanding.
46 SECTION 10. That Section 49-1001, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 49-1001. ALLOWABLE GROSS LOADS. The gross load imposed on the highway by
49 any vehicle or combination of vehicles shall not exceed the limits in this
50 section. The maximum single axle gross weight shall be twenty thousand
51 (20,000) pounds, the maximum single wheel gross weight shall be ten thousand
52 (10,000) pounds and the maximum gross vehicle or combination weight shall be
53 one hundred five thousand five hundred (105,500) pounds, provided that maximum
19
1 gross vehicle or combination weight on United States federal interstate and
2 defense highways of this state shall not exceed eighty thousand (80,000)
3 pounds, except as permitted under the provisions of section 49-1004, Idaho
4 Code.
5 (1) The total gross weight imposed on the highway by any group of consec-
6 utive axles shall be determined by the following formula:
7 W=500((LN/N-1)+12N+36)
8 Where W is the maximum weight in pounds (to the nearest 500 pounds) car-
9 ried on any group of two (2) or more consecutive axles. L is the distance in
10 feet between the extremes of any group of two (2) or more consecutive axles,
11 and N is the number of axles under consideration.
20
21
22
1 (a) A public highway agency may limit the application of the weights
2 authorized in this section as to certain highways within its urisdiction
3 jurisdiction which it determines have limited structural capacity of pave-
4 ments, bridges, or other appurtenances. In designating such highways, it
5 may specify a minimum wheelbase for combinations to be operated thereon.
6 It may also designate specific highways or portions on which operation of
7 a combination of vehicles with seven (7) through thirteen (13) axles will
8 be 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 registration use fees calculated as specified in section 49-434,
21 Idaho Code, and are in compliance with the length restrictions set forth
22 in section 49-1010(7), Idaho Code.
23 (2) The weight limitations set forth in the table in subsection (1) of
24 this section shall not apply to any vehicle, or combination of vehicles when a
25 greater allowed weight in pounds would be permitted such vehicles under the
26 table provided in this subsection, except that with regard to transportation
27 on the United States federal interstate and defense highways of this state,
28 the following table of allowable weights shall apply only to vehicles engaged
29 in the transportation of logs, pulp wood, stull, rough lumber, poles or pil-
30 ing; or to any such vehicle engaged in the transportation of ores, concen-
31 trates, sand and gravel and aggregates thereof, in bulk; or to any such vehi-
32 cle engaged in the transportation of agricultural commodities, including live-
33 stock:
34 Distance in feet between Allowed Load in Pounds
35 the extremes of any group Vehicles with Vehicles with
36 of 2 or more consecutive Three or Four Five or more
37 axles axles axles
38 3 through 12 37,800 37,800
39 13 56,470 56,470
40 14 57,940 57,940
41 15 59,400 59,400
42 16 60,610 60,610
43 17 61,820 61,820
44 18 63,140 63,140
45 19 64,350 64,350
46 20 65,450 65,450
47 21 66,000 66,330
48 22 66,000 67,250
49 23 66,000 67,880
50 24 66,000 68,510
51 25 66,000 69,150
52 26 66,000 69,770
53 27 66,000 70,400
54 28 66,000 70,950
55 29 66,000 71,500
23
1 Distance in feet between Allowed Load in Pounds
2 the extremes of any group Vehicles with Vehicles with
3 of 2 or more consecutive Three or Four Five or more
4 axles axles axles
5 30 66,000 72,050
6 31 72,600
7 32 73,150
8 33 73,700
9 34 74,250
10 35 74,800
11 36 75,350
12 37 75,900
13 38 76,450
14 39 77,000
15 40 77,550
16 41 78,100
17 42 78,650
18 43 and over 79,000
19 The weight allowances provided in this subsection do not apply if the total
20 gross weight of a vehicle or combination of vehicles is intended to exceed
21 seventy-nine thousand (79,000) pounds as declared by the operator. When the
22 provisions of this subsection are applicable to a vehicle or combination of
23 vehicles, it shall be a violation of the provisions of this subsection if that
24 vehicle or combination of vehicles exceeds the weights specified in this
25 table.
26 (3) In determining the gross weight of a vehicle or the gross weight of
27 any two (2) or more consecutive axles under subsection (1) or (2) or (9) of
28 this section, the total gross weight of the vehicle or combination of vehicles
29 or the gross weight of any two (2) or more consecutive axles shall be the sum
30 of the axle weights.
31 For the purposes of this chapter the gross weight of a vehicle or the
32 gross weight of any two (2) or more consecutive axles may be determined by
33 accumulatively adding the separate weights of individual axles and tandem
34 axles or groups of axles to determine gross weight. The results of any weigh-
35 ing at a temporary or permanent port of entry and the records relating to the
36 calibration and accuracy of any scale at a temporary or permanent port of
37 entry shall be admissible in any proceeding in this state. In order to prove a
38 violation of the provisions of this section the state must show that:
39 (a) The sum of the axle weights exceeds what is allowable under the pro-
40 visions of subsection (1) or (2) or (9) of this section;
41 (b) The scale involved in the weighing was at the time of weighing cali-
42 brated in conformity with and met the accuracy requirements of the stan-
43 dards for the enforcement of traffic and highway laws as set forth in the
44 latest edition of handbook 44 of the national institute of standards and
45 technology;
46 (c) Weights of individual axles or axles within a commonly suspended
47 group of axles supported by a mechanical system designed to distribute
48 equal wheel loads to individual axles in the group were utilized only to
49 determine gross weights of that group of axles, and that any further eval-
50 uation of gross weights of combinations of axles considered only the accu-
51 mulated gross weight of each such commonly suspended group of axles.
52 (4) In applying the weight limitations imposed in this section, a vehicle
53 or combination of vehicles must comply exclusively with the weight limitations
54 in either subsection (1) or (2) or (9) of this section.
55 (5) In applying the weight limitations imposed in this section, the dis-
24
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-
25
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;
55 and
26
1 (b) The owner or operator has paid an annual operating fee for a permit,
2 not to exceed fifty dollars ($50.00) per refuse/sanitation truck to each
3 public agency governing the public highways over which the
4 refuse/sanitation truck operates. The permit shall be carried in the
5 refuse/sanitation truck. The permit fee may be waived by a public agency
6 for refuse/sanitation trucks operated over public highways under that
7 agency's jurisdiction.
8 (11) Variable load suspension axles shall meet the following criteria in
9 order to be included in the computation of gross vehicle or axle weight limits
10 for vehicles under the provisions of this section:
11 (a) The deployment control switch for such axles may be located inside of
12 the driver's compartment but the pressure regulator valve for the opera-
13 tion of pressure on the pavement shall be located outside of and inacces-
14 sible to the driver's compartment.
15 (b) The manufacturer's gross axle weight rating of each such axle must
16 not be less than the actual loading of the axle.
17 (c) All variable load suspension axles mounted on a vehicle after January
18 1, 1990, shall be designed to be self-steering in a manner that will guide
19 or direct the variable load suspension mounted wheels through a turning
20 movement without undue tire scrubbing or pavement scuffing.
21 (d) The manufacturer's gross tire weight rating of each tire must not be
22 less than the actual loading of the tire.
23 (e) Variable load suspension axles must be fully deployed or fully
24 raised. For applicable definitions, see sections 49-117 and 49-123, Idaho
25 Code.
26 (12) Any person who operates a motor vehicle with a variable load suspen-
27 sion axle in violation of the provisions of this section shall be subject to
28 the penalties provided in section 49-1013, Idaho Code.
29 SECTION 11. This act shall be in full force and effect on and after Janu-
30 ary 1, 2002.
STATEMENT OF PURPOSE
RS 10687C1
The purpose of this legislation is to return the Idaho trucking
industry to fair and equitable use rates. This weight distance tax in
non bifurcated and therefor felt to be lawful.
FISCAL IMPACT
There is no impact to the general fund. Per the calculations provided
by the Idaho Department of Transportation this proposed legislation
would be revenue neutral to the highway account.
Contact
Name: Charles D. Cuddy
Phone: 332 1130
STATEMENT OF PURPOSE/FISCAL NOTE H 267