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S1136.....................................................by TRANSPORTATION
MOTOR CARRIERS - INSURANCE - Amends existing law to remove certain
intrastate motor carriers from the list of motor carriers exempted from the
requirement to carry the liability and property damage insurance coverage
as specified by rule of the Idaho Transportation Board.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1136
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO MOTOR CARRIER FINANCIAL RESPONSIBILITY; AMENDING SECTION 49-1233,
3 IDAHO CODE, TO REMOVE CERTAIN INTRASTATE MOTOR CARRIERS FROM THE LIST OF
4 MOTOR CARRIERS EXEMPTED FROM THE REQUIREMENT TO CARRY THE LIABILITY AND
5 PROPERTY DAMAGE INSURANCE COVERAGE AS SPECIFIED BY RULE OF THE IDAHO
6 TRANSPORTATION BOARD.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 49-1233, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-1233. MOTOR CARRIER FINANCIAL RESPONSIBILITY -- EXEMPTIONS -- BOARD
11 RULES. (1) Before registering any motor carrier for transporting persons or
12 property, the department shall require verification from the motor carrier
13 that it has obtained and has in effect liability and property damage insur-
14 ance, or has a surety bond written by an insurer licensed to furnish such
15 insurance in this state or by a surety company authorized to write surety
16 bonds in this state, or who qualifies as a self-insurer pursuant to the provi-
17 sions of section 49-1224, Idaho Code.
18 (2) A motor carrier, unless exempted under the provisions of subsection
19 (4) of this section, shall file with the department proof of liability and
20 property damage insurance, surety bond, or proof of self-insurance in such
21 form as the board shall prescribe. It shall be kept in full force and effect,
22 and failure to do so shall be cause for revocation of the registration of the
23 motor carrier.
24 (3) Insurance carriers shall file a notice with the department at least
25 thirty (30) days before the effective date of any termination of insurance or
26 surety bond or of a reduction in insurance below the amounts set by the board.
27 (4) Exemptions. The following intrastate motor carriers shall not be
28 exempt from coverage in the amounts required by the provisions of section
29 49-117, Idaho Code, but shall be exempt from the motor carrier liability and
30 property damage insurance coverage required herein by rule of the board:
31 (a) Motor vehicles employed solely in transporting school children and
32 teachers to or from school or to and from approved school activities, when
33 the motor vehicles are either:
34 (i) Wholly owned and operated by such school, or
35 (ii) Leased or contracted by such school and the motor vehicle is
36 not used in the furtherance of any other commercial enterprise; or
37 (b) Taxicabs or other motor vehicles performing a licensed or franchised
38 taxicab service, having a seating capacity of not more than seven (7) pas-
39 sengers within twenty-five (25) miles of the boundaries of the licensing
40 or franchising jurisdiction; or
41 (c) Motor vehicles owned or operated by or on behalf of hotels and used
42 exclusively for the transportation of hotel patrons between hotels and
43 local railroads or airports or other common carrier stations; or
2
1 (d) Motor vehicles controlled and operated by any farmer when used in the
2 transportation of his farm equipment or in the transportation of supplies
3 to his farm; or
4 (e) Motor vehicles used exclusively in the distribution of newspapers; or
5 (fe) Transportation of persons or property by motor vehicle at an airport
6 when incidental to transportation by aircraft or other transportation in
7 substitution for scheduled airline service when the carrier cannot provide
8 the scheduled service because of weather and/or mechanical conditions and
9 the transportation is arranged for and paid by the affected airlines; or
10 (gf) Transportation of persons and/or property, including mobile and mod-
11 ular houses manufactured with wheels and undercarriage as part of the sub-
12 structure, but not transportation of other houses, buildings or structures
13 within a municipality or territory contiguous to such municipality if such
14 operation outside such municipality be a part of a service maintained
15 within the limits of the municipality with the privilege of transfer of
16 passengers to vehicles within the municipality without additional fare; or
17 (h) The transportation of agricultural products including fresh fruits
18 and vegetables, livestock, livestock feed or manure; or
19 (ig) Motor propelled vehicles for the sole purpose of carrying United
20 States mail or property belonging to the United States; or
21 (j) Motor carriers transporting products of the forest; or
22 (k) Motor carriers transporting products of the mine including sand,
23 gravel and aggregates thereof, except petroleum products; or
24 (lh) Motor carriers transporting household goods as defined by the fed-
25 eral surface transportation board; or
26 (mi) Vehicles properly equipped, designed and customarily used for the
27 transportation of disabled or abandoned vehicles by means of a crane,
28 hoist, tow bar, dolly or roll bed, which vehicle shall be known as a
29 "wrecker (tow truck)."
30 (5) The board shall promulgate rules to implement the provisions of this
31 section, establishing by rule the amount of liability coverage to be carried
32 for personal injury suffered by one (1) person while being transported in any
33 vehicle, any additional amounts for all persons receiving personal injury, and
34 such amount for damage to the property of any person other than the insured.
35 The board is further authorized to adopt temporary rules as necessary.
STATEMENT OF PURPOSE
RS11071
This legislation relates to Motor Carrier Financial Responsibility;
Amending section 49-1233, Idaho Code, to remove certain Intrastate
Motor Carriers from the list of Motor Carriers exempted from the
requirement to carry the liability and property damage insurance
coverage as specified by rule of the Idaho Transportation Board.
FISCAL IMPACT
No fiscal impact to the general fun.
Contact
Name: Senator Thorne
Phone: 332 1323
STATEMENT OF PURPOSE/FISCAL NOTE S 113