2001 Legislation
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HOUSE BILL NO. 369 – MV, commercial, temporary permits


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Daily Data Tracking History

H0369...............................................by REVENUE AND TAXATION
COMMERCIAL VEHICLES - TEMPORARY PERMITS - Amends existing law to provide
for issuance of temporary permits to operate certain motor vehicles at a
weight in excess of the registered maximum gross vehicle weight; and to
provide a penalty for operation of a vehicle at a weight in excess of the
weight allowed by the temporary permit.
03/20    House intro - 1st rdg - to printing
03/21    Rpt prt - to Transp
03/23    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 65-0-4(1 vacant)
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kunz, Lake, Langford, Loertscher,
      Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Gould, Kendell, Marley, Tilman
      Vacant -- Dist. #23
    Floor Sponsor -- Cuddy
    Title apvd - to Senate
03/26    Senate intro - 1st rdg - to Transp
03/28    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 32-0-3
      AYES -- Andreason, Boatright, Branch, Brandt, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Goedde, Hawkins, Ingram, Keough, King-Barrutia, Lodge, Noh,
      Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Bunderson, Ipsen, Lee
    Floor Sponsor -- Keough
    Title apvd - to House
03/29    To enrol - rpt enrol - Sp signed - Pres signed
03/30    To Governor
04/09    Governor signed
         Session Law Chapter 355
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 369
                             BY REVENUE AND TAXATION COMMITTEE
  1                                        AN ACT
 12    Be It Enacted by the Legislature of the State of Idaho:
 13        SECTION  1.  That  Section  49-119, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
 15        49-119.  DEFINITIONS -- R.
 16        (1)  "Racing" means the use of one (1) or more vehicles in an  attempt  to
 17    outgain,  outdistance, or prevent another vehicle from passing, to arrive at a
 18    given destination ahead of another vehicle, or to test the physical stamina or
 19    endurance of drivers over long-distance driving routes.
 20        (2)  "Radio operator, amateur" means any person licensed  by  the  Federal
 21    Communications  Commission to engage in private and experimental two-way radio
 22    operation and holding a conditional class license or higher.
 23        (3)  "Railroad" means a carrier of persons or property upon cars  operated
 24    upon stationary rails.
 25        (4)  "Railroad  train" means a steam engine, electric or other motor, with
 26    or without cars coupled thereto, operated upon rails.
 27        (5)  "Railroad sign" or "signal" means any sign, signal or device  erected
 28    by  authority  of  a  public body or official or by a railroad and intended to
 29    give notice of the presence of railroad tracks or the approach of  a  railroad
 30    train.
 31        (6)  "Recreational vehicle" means a motor home, travel trailer, truck cam-
 32    per or camping trailer, with or without motive power, designed for human habi-
 33    tation  for  recreational  or emergency occupancy. It does not include pick-up
 34    hoods, shells, or canopies designed,  created  or  modified  for  occupational
 35    usage.  School  buses or van type vehicles which are converted to recreational
 36    use, are defined as recreational vehicles.
 37        (7)  "Registered maximum gross weight"  means  the  maximum  gross  weight
 38    established  on the registration document as declared by the owner at the time
 39    of registration or renewal of registration.
 40        (8)  "Registered owner" means any person required to register  a  vehicle,
 41    whether or not a lien holder lienholder appears on the title in the records of
 42    the department.
 43        (89)  "Registration"  means  the  registration certificate or certificates
  1    and license plate or plates issued under the laws of this state pertaining  to
  2    the registration of vehicles.
  3        (910)  "Rental  utility  trailer" means a utility trailer offered for hire
  4    to the general public for private or commercial use.
  5        (101) "Rescission of sale." (See section 28-2-608, Idaho Code)
  6        (112) "Resident" means for purposes of vehicle  registration,  titling,  a
  7    driver's  license  or an identification card, a person whose domicile has been
  8    within Idaho continuously for a period of at least ninety (90) days, excluding
  9    a full-time student who is a resident of another state. A person, including  a
 10    full-time  student  who  has established a domicile in Idaho may declare resi-
 11    dency earlier  than  ninety  (90)  days  for  vehicle  registration,  titling,
 12    driver's  license and identification card purposes. Establishment of residency
 13    shall include a spouse and dependent children who reside with that  person  in
 14    the  domicile. A domicile shall not be a person's workplace, vacation or part-
 15    time residence.
 16        (123) "Residential district."  (See  "District","  section  49-105,  Idaho
 17    Code)
 18        (134) "Residential  neighborhood" for purposes of this chapter, is an area
 19    abutting a highway which is used primarily for nontransient human  habitation,
 20    parks and churches.
 21        (145) "Revocation  of  driver's  license"  means the termination by formal
 22    action of the department or as otherwise provided in this title of a  person's
 23    driver's  license  or  privilege  to  operate a motor vehicle on the highways,
 24    which terminated driver's license or privilege shall not be subject to renewal
 25    or restoration except that an application for a new driver's  license  may  be
 26    presented  and acted upon by the department after the expiration of the appli-
 27    cable period of time prescribed in this title.
 28        (156) "Revocation of vehicle registration" means the termination by formal
 29    action of the department or as otherwise provided in this title of a  person's
 30    vehicle registration or, in the case of fleets of vehicles, all vehicle regis-
 31    trations in each fleet operated by a company.  Upon revocation, the privileges
 32    of operating the vehicles on Idaho highways is terminated until the difficulty
 33    that  caused  the revocation is corrected and an application for new registra-
 34    tion is presented and acted upon.
 35        (167) "Ridesharing arrangement" means the nonprofit  transportation  in  a
 36    passenger  motor  vehicle  with  a seating capacity not exceeding fifteen (15)
 37    people including the driver, which is not otherwise used for  commercial  pur-
 38    poses  or as a public conveyance, whereby a fixed group, not exceeding fifteen
 39    (15) people including passengers and driver, is transported between their res-
 40    idences or nearby termini, and their places of employment  or  educational  or
 41    other  institutions or termini near those places, in a single daily round trip
 42    where the driver is also on the way to or from his place of employment or edu-
 43    cation or other institution.
 44        (178) "Right-of-way" means the right of one (1) vehicle or  pedestrian  to
 45    proceed  in  a  lawful  manner  in preference to another vehicle or pedestrian
 46    approaching under circumstances of direction, speed and proximity as  to  give
 47    rise  to  danger  of  collision unless one grants precedence to the other. The
 48    term shall not be interpreted to mean that a highway user is relieved from the
 49    duty to exercise reasonable care at all times and  from  doing  everything  to
 50    prevent  an  accident. Failure to yield right-of-way shall not be construed as
 51    negligence per se or as prima facie evidence of negligence.
 52        (189) "Roadway" means that portion of  a  highway  improved,  designed  or
 53    ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms
 54    and rights-of-way.
  1        SECTION  2.  That  Section  49-432, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
  4    (1) When a vehicle or combination of vehicles subject to registration is to be
  5    moved upon the public highways in the state of Idaho, the department may issue
  6    a  trip permit in lieu of registration for any vehicle or combination of vehi-
  7    cles upon the payment of a fee as set forth in the following schedule:
  8        (a)  Ninety-six (96) hour trip permit
  9             Single vehicle.................................................$25.00
 10             Combination of vehicles .......................................$50.00
 11        (b)  Fuel permit ...................................................$25.00
 12        (2)  Permits to operate a vehicle or combination of vehicles in excess  of
 13    the registered maximum gross vehicle weight up to a maximum of one hundred six
 14    thousand (106,000) pounds gross vehicle weight shall be:
 15        (a)  One hundred twenty (120) hour permit to increase gross weight .......
 16        ....................................................................$50.00
 17        (b)  Thirty (30) day permit to increase gross vehicle weight:
 18             Maximum Registered Gross         Temporary Permitted
 19                Weight of Vehicle             Maximum Gross Weight
 20                 (Pounds)                           (Pounds)
 21                                     80,000   86,000    96,000   106,000
 22               50,001-60,000          $225     $250      $275      $300
 23               60,001-70,000          $150     $175      $200      $250
 24               70,001-78,000          $ 75     $150      $175      $200
 25               78,001-84,000                   $ 75      $150      $175
 26               84,001-94,000                             $ 75      $150
 27               94,001-104,000                                      $ 75
 28    The  permit  issued  pursuant  to this subsection (2) shall be specific to the
 29    motor vehicle to which it is issued. No permit or fee shall be transferable or
 30    apportionable to any other vehicle, nor shall any such fee be  refundable.  At
 31    the time of purchasing a permit, the applicant may purchase additional permits
 32    in any combination which does not exceed a maximum of ninety (90) days.
 33        (3)  A  temporary  trip  permit shall be in a form, and issued under rules
 34    adopted by the board, and shall be displayed at all times while the vehicle is
 35    being operated on the highways by posting the permit upon  the  windshield  of
 36    each vehicle or in another prominent place, where it may be readily legible.
 37        (4)  Any permit issued pursuant to subsection (2) of this section shall be
 38    purchased prior to movement of the vehicle on a highway, and such permit shall
 39    be  in addition to and available only to a vehicle which is currently and val-
 40    idly  registered  in  Idaho  pursuant   to   section   49-432(1),   49-434(1),
 41    49-434(8)(c) or 49-435, Idaho Code.
 42        (35)  The  department may select vendors to serve as agents on state high-
 43    ways for the purpose of selling trip permits where fixed ports of entry do not
 44    adequately serve a respective highway entering the state. The vendor shall  be
 45    remunerated  at the rate of two three dollars ($23.00) per permit sold, and he
 46    shall collect the fees specified in this section, and  pay  the  fees  to  the
 47    department.  The  vendor shall guarantee payment by giving a bond to the state
 48    in a sum as shall be fixed by the board, the premium on the bond to be paid by
 49    the department.
 50        (46)  An owner-operator vehicle moving between  lessee  fleets  where  the
 51    vehicle  registration  was  issued  in the name of the former lessee, shall be
 52    eligible for a ninety-six (96) hour trip permit for the unladen movement  from
 53    the point of entry into the state to the destination of the new lessee's place
  1    of business.
  2        SECTION  3.  That  Section  49-434, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
  4        49-434.  OPERATING FEES. (1) There shall be paid on all  commercial  vehi-
  5    cles,  noncommercial vehicles, and on all farm vehicles having a maximum gross
  6    weight not in excess of sixty thousand (60,000) pounds, an annual registration
  7    fee in accordance with the following schedule.
  8        Maximum Gross Weight                    Annual Registration Fee
  9              (Pounds)                      Noncommercial and    Commercial
 10                                              Farm Vehicles       Vehicles
 11         8,001-16,000 inc. .....................$  48.00           $ 48.00
 12        16,001-26,000 inc. .....................   61.08            143.40
 13        26,001-30,000 inc. .....................   91.68            223.80
 14        30,001-40,000 inc. .....................  130.08            291.60
 15        40,001-50,000 inc. .....................  188.28            360.00
 16        50,001-60,000 inc. .....................  311.88            515.40
 17        (2)  There shall be paid on all commercial vehicles, irrespective of  body
 18    type,  and  on  all  farm  vehicles having a maximum gross weight in excess of
 19    sixty thousand (60,000) pounds, an annual registration fee in the amount  pre-
 20    scribed by subsection (8) of this section, as applicable.
 21        (3)  In addition, the annual registration fee for trailers shall be:
 22        (a)  Trailer or semitrailer in a combination of vehicles ...........$15.00
 23        (b)  Rental  utility  trailer  with a gross weight of two thousand (2,000)
 24        pounds or less ......................................................$8.00
 25        (c)  Rental utility trailer with a gross weight over two thousand  (2,000)
 26        pounds .............................................................$15.00
 27        (4)  As  an option to the trailer and semitrailer annual registration, the
 28    department may provide extended registration.
 29        (a)  For trailers and  semitrailers,  the  optional  extended-registration
 30        period shall not extend beyond seven (7) years.
 31        (b)  The fee shall be fifteen dollars ($15.00) for each year.
 32        (c)  The  license  plate  originally issued shall remain on the trailer or
 33        semitrailer until the registration expires.
 34        (d)  The registration document shall be the official record of the  status
 35        of  the  extended  registration.  No pressure-sensitive validation sticker
 36        shall be required.
 37        (e)  For rental utility trailers, the optional registration  period  shall
 38        not extend beyond five (5) years. The fee shall be as specified in subsec-
 39        tion  (3)(b) or (c) of this section. A pressure-sensitive sticker shall be
 40        used to validate the license plate. The license plate shall become void if
 41        the owner's interest in the rental utility trailer changes during the five
 42        (5) year period. If the owner fails to enter the rental utility trailer on
 43        the annual renewal application during the five (5) year period, the regis-
 44        tration record shall be purged. Any unrenewed plate shall be  returned  to
 45        the department if it is not entered on the renewal application.
 46        (5)  A  fleet  registration option is available to owners who have twenty-
 47    five (25) or more commercial or farm vehicles or any combination thereof. Such
 48    owners may register all of their company vehicles with the department in  lieu
 49    of  registering with a county assessor. To qualify the fleet must be owned and
 50    operated under the unified control of one (1) person and the vehicles must  be
 51    physically garaged and maintained in two (2) or more counties. Fleet registra-
 52    tion shall not include fleets of rental vehicles. The department shall provide
 53    a registration application to the owner and the owner shall provide all infor-
  1    mation  that  the  department  determines  is  necessary. The department shall
  2    devise a special license plate numbering system for fleet-registered  vehicles
  3    as an alternative to county license plates. The fleet registration application
  4    and  all  subsequent  registration renewals shall include the physical address
  5    where a vehicle is principally used, garaged and maintained. The  fleet  owner
  6    shall report the physical address to the department upon initial registration,
  7    on  each  renewal,  and  at any time a vehicle registered under this option is
  8    permanently transferred to another location.
  9        (6)  If the ownership of a vehicle changes during the registration period,
 10    the original owner may transfer the plate to another  vehicle.  The  remaining
 11    fee shall be credited against the cost of the new registration. Refunds may be
 12    given  for  any unexpired portion of the vehicle registration fee if the plate
 13    is not transferred by the owner to another vehicle.  Any  request  for  refund
 14    shall include surrender of the license plate, validation sticker and registra-
 15    tion document. Owners of vehicles registered under the international registra-
 16    tion  plan  may request a refund of the unexpired portion of the Idaho vehicle
 17    registration fee by presenting evidence from the base  jurisdiction  that  the
 18    license  plate, validation sticker and registration document have been surren-
 19    dered. A license plate shall not be transferred to another owner when the own-
 20    ership of a vehicle changes. The owner shall obtain a replacement plate, vali-
 21    dation sticker if required, and a registration document when a plate is  lost,
 22    destroyed or becomes illegible.
 23        (7)  An  administrative  fee  of  four  dollars  ($4.00) shall be paid and
 24    deposited to the state highway account on all registrations completed  by  the
 25    department under subsection (1) or (8)(a) of this section. Vehicles registered
 26    under  subsection (8)(b) of this section shall pay the fee provided in section
 27    49-435(2), Idaho Code.
 28        (8)  There shall be paid on all commercial and farm vehicles having a max-
 29    imum gross weight in excess of sixty thousand (60,000) pounds, a  registration
 30    fee  based upon the maximum gross weight of a vehicle as declared by the owner
 31    and the total number of miles driven on  roads  and  highways  in  the  state,
 32    county,  city  and  highway district systems in Idaho, and if registered under
 33    the international registration plan (IRP), in  all  other  jurisdictions.  The
 34    appropriate registration fee shall be determined as follows:
 35        (a)  If  the owner registers vehicles under the international registration
 36        plan (IRP), the appropriate mileage column  shall  be  determined  by  the
 37        total miles an owner operated a fleet of vehicles on roads and highways in
 38        the  state,  county, city and highway district systems in Idaho and in all
 39        other jurisdictions in the preceding year, as defined in  section  49-117,
 40        Idaho  Code,  and  by  the  maximum  gross weight of each vehicle within a
 41        fleet.
 42        (b)  If the owner registers vehicles under the international  registration
 43        plan and determines that the average international registration plan fleet
 44        miles,  calculated  by dividing the total IRP fleet miles in all jurisdic-
 45        tions by the number of registered vehicles, is less  than  fifty  thousand
 46        one  (50,001) miles, the owner may apply to the department for refund of a
 47        portion of the registration fees paid, consistent with the  fee  schedules
 48        set forth in this section. The department shall provide an application for
 49        the  refund.  An  owner  making  application for refund under this section
 50        shall be subject to auditing as provided in section 49-439, Idaho Code.
 51        (c)  If the owner is not registering vehicles under the international reg-
 52        istration plan, the appropriate mileage column shall be determined by  the
 53        total  miles  the  owner operated each of the vehicles to be registered on
 54        roads and highways in the state, county, city and highway district systems
 55        in Idaho in the preceding year and by the maximum  gross  weight  of  each
  1        vehicle.
  2          Maximum Gross
  3        Weight of Vehicle                      Total Miles Driven
  4            (Pounds)
  5                                      1-7,500   7,501-50,000  Over 50,000
  6          60,001-62,000                $210        $  840       $1,400
  7          62,001-64,000                 240           960        1,600
  8          64,001-66,000                 270         1,080        1,800
  9          66,001-68,000                 300         1,200        2,000
 10          68,001-70,000                 330         1,320        2,200
 11          70,001-72,000                 360         1,440        2,400
 12          72,001-74,000                 390         1,560        2,600
 13          74,001-76,000                 420         1,680        2,800
 14          76,001-78,000                 450         1,800        3,000
 15          78,001-80,000                 480         1,920        3,200
 16          80,001-82,000                 495         1,980        3,300
 17          82,001-84,000                 510         2,040        3,400
 18          84,001-86,000                 525         2,100        3,500
 19          86,001-88,000                 540         2,160        3,600
 20          88,001-90,000                 555         2,220        3,700
 21          90,001-92,000                 570         2,280        3,800
 22          92,001-94,000                 585         2,340        3,900
 23          94,001-96,000                 600         2,400        4,000
 24          96,001-98,000                 615         2,460        4,100
 25         98,001-100,000                 630         2,520        4,200
 26        100,001-102,000                 645         2,580        4,300
 27        102,001-104,000                 660         2,640        4,400
 28        104,001-106,000                 675         2,700        4,500
 29        106,001-108,000                 690         2,760        4,600
 30        108,001-110,000                 705         2,820        4,700
 31        110,001-112,000                 720         2,880        4,800
 32        112,001-114,000                 735         2,940        4,900
 33        114,001-116,000                 750         3,000        5,000
 34        116,001-118,000                 765         3,060        5,100
 35        118,001-120,000                 780         3,120        5,200
 36        120,001-122,000                 795         3,180        5,300
 37        122,001-124,000                 810         3,240        5,400
 38        124,001-126,000                 825         3,300        5,500
 39        126,001-128,000                 840         3,360        5,600
 40        128,001-129,000                 855         3,420        5,700
 41        (d)  In  addition  to the fees set forth in paragraphs (a) and (c) of this
 42        subsection (8), an owner or operator may purchase a  temporary  permit  as
 43        provided in section 49-432(2), Idaho Code, for operation of a vehicle at a
 44        weight  in  excess of the current, valid, registered maximum gross vehicle
 45        weight. The permit so issued shall be specific to  the  motor  vehicle  to
 46        which  it  is issued. No permit or fee shall be transferable or apportion-
 47        able to any other vehicle, nor shall any such fee be refundable.
 48        (e)  Any commercial or farm vehicle registered for more than  sixty  thou-
 49        sand  (60,000)  pounds  up  to  one  hundred six thousand (106,000) pounds
 50        traveling fewer than two thousand five hundred (2,500) miles  annually  on
 51        roads and highways in the state, county, city and highway district systems
 52        in  Idaho  shall  pay an annual registration fee of two hundred fifty-five
 53        dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not
 54        apply to vehicles registered under this subsection (8)(de).
 55        (9) (a)  During the first registration year that the fee schedule in  sub-
  1        section  (8)(c)  of this section is in use, an owner shall use the mileage
  2        data from the records used to report the mileage use fee  in  the  immedi-
  3        ately  preceding  year as the basis for determining the appropriate regis-
  4        tration fee schedule.
  5        (b)  Any owner who registers a motor vehicle for the first  time  and  who
  6        has  no mileage history for the vehicle shall estimate the miles to deter-
  7        mine the appropriate fee schedule in subsection (8)(c)  of  this  section.
  8        When  estimating  the  miles,  the  owner shall provide a statement on the
  9        application of the method used to arrive at the estimated miles.
 10        (c)  Any owner using any fee schedule other than the highest fee  schedule
 11        under subsection (8)(c) of this section, shall certify at the time of reg-
 12        istration  that the miles operated in the preceding year do not exceed the
 13        schedule applied for. Any owner using  a  fee  schedule  under  subsection
 14        (8)(c)  of this section that is less than the highest schedule shall main-
 15        tain records to substantiate the use of the schedule as required  by  sec-
 16        tion 49-439, Idaho Code.
 17        (10) If  any  vehicle or combinations of vehicles haul nonreducible loads,
 18    as authorized under the provisions of section 49-1004, Idaho Code,  and  weigh
 19    less  than  the  starting weights per axle configuration listed in column 1 of
 20    subsection (2), section 49-1004, Idaho Code, then  and  in  that  event  there
 21    shall be paid for that vehicle, in addition to the other fees required in this
 22    section,  an  additional  use  fee of 2.1 mills per mile for each two thousand
 23    (2,000) pounds or fraction thereof of the maximum gross weight  in  excess  of
 24    those set forth in section 49-1001, Idaho Code.
 25        SECTION  4.  That  Section  49-438, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
 28    MUM REGISTERED GROSS WEIGHT. (1)  Any person who shall operate, cause, permit,
 29    or  suffer to be operated upon any highway any vehicle or combination of vehi-
 30    cles with a gross weight in excess of the registered maximum gross  weight  of
 31    the vehicle specified in this title, without having paid the additional regis-
 32    tration  fees  required, shall have committed a violation under the infraction
 33    or misdemeanor provisions of section 49-1013, Idaho Code.
 34        (2)  Any person who shall operate, cause, permit, or suffer to be operated
 35    upon any highway any vehicle or combination of vehicles with a gross weight in
 36    excess of the registered maximum gross weight not authorized by a valid permit
 37    issued pursuant to section 49-432, Idaho Code, shall have committed  a  viola-
 38    tion  under the infraction or misdemeanor provisions of section 49-1013, Idaho
 39    Code.

Statement of Purpose / Fiscal Impact


                       RS 11276

The purpose of this legislation is to allow a vehicle to 
temporarily increase the maximum allowable legal load by 
requiring a permit stipulating the increased weight.

                     FISCAL IMPACT

There is no fiscal impact to the general fund and it is 
estimated to be revenue neutral to the highway users funds.

Name:	Rep. Chuck Cuddy
Phone:	332-1130