2001 Legislation
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HOUSE BILL NO. 267 – MV, commercial, operating fees

HOUSE BILL NO. 267

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                       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