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H0267.........................................by TRANSPORTATION AND DEFENSE MOTOR VEHICLES - COMMERCIAL - Amends and adds to existing law to provide definitions; to revise the duties of the Idaho Transportation Department; to reinstate the use fee and to delete language relating to registration fees and the international registration plan; to provide for audit and recordkeeping requirements under the proportional registration of fleets of commercial vehicles; and to provide for administration by the Idaho Transportation Department; to provide for quarterly reports of certain commercial or farm vehicles; to provide for the maintenance of records; to provide penalties; to provide for deposit or a bond to secure payment of fees; to provide for an appeal; to provide a reference to use fees; to revise audit guidelines; and to provide reference to use fees paid for ladened weight and mileage. 02/15 House intro - 1st rdg - to printing 02/16 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 267 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO OPERATING FEES FOR MOTOR VEHICLES WEIGHING IN EXCESS OF SIXTY 3 THOUSAND POUNDS GROSS VEHICLE WEIGHT; AMENDING SECTION 49-114, IDAHO CODE, 4 TO FURTHER DEFINE "MAXIMUM GROSS WEIGHT"; AMENDING SECTION 49-122, IDAHO 5 CODE, TO DEFINE "USE FEE"; AMENDING SECTION 49-202, IDAHO CODE, TO REVISE 6 DUTIES OF THE IDAHO TRANSPORTATION DEPARTMENT AND TO MAKE A TECHNICAL COR- 7 RECTION; AMENDING SECTION 49-434, IDAHO CODE, TO PROVIDE A STATUTORY FEE, 8 TO REINSTATE THE USE FEE, TO DELETE LANGUAGE REGARDING REGISTRATION FEES 9 AND TO DELETE LANGUAGE REGARDING THE INTERNATIONAL REGISTRATION PLAN; 10 AMENDING SECTION 49-435, IDAHO CODE, TO PROVIDE AUDIT AND RECORDKEEPING 11 REQUIREMENTS UNDER PROPORTIONAL REGISTRATION OF FLEETS OF COMMERCIAL VEHI- 12 CLES; AMENDING CHAPTER 4, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW 13 SECTION 49-436, IDAHO CODE, TO PROVIDE FOR QUARTERLY REPORTS BY OWNERS OF 14 COMMERCIAL OR FARM VEHICLES HAVING A MAXIMUM COMBINED GROSS WEIGHT IN 15 EXCESS OF SIXTY THOUSAND POUNDS, TO PROVIDE FOR MAINTAINING RECORDS, TO 16 PROVIDE PENALTIES, TO PROVIDE FOR DEPOSIT OR A BOND TO SECURE PAYMENT OF 17 FEES AND TO PROVIDE FOR AN APPEAL; AMENDING SECTION 49-438, IDAHO CODE, TO 18 PROVIDE REFERENCE TO USE FEES; AMENDING SECTION 49-439, IDAHO CODE, TO 19 REVISE AUDIT GUIDELINES; AMENDING SECTION 49-504, IDAHO CODE, TO PROVIDE 20 REFERENCE FOR USE FEES PAID FOR LADENED WEIGHT AND MILEAGE; AMENDING SEC- 21 TION 49-1001, IDAHO CODE, TO DELETE REFERENCE TO REGISTRATION FEES, TO 22 PROVIDE REFERENCE TO USE FEES AND TO CORRECT A CODIFIER'S ERROR; AND PRO- 23 VIDING AN EFFECTIVE DATE. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Section 49-114, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 49-114. DEFINITIONS -- M. 28 (1) "Major component part" means a rear clip, cowl, frame or inner struc- 29 ture forward of the cowl, body, cab, front end assembly, front clip or such 30 other part which is critical to the safety of the vehicle. 31 (2) "Manifest" means a form used for identifying the quantity, composi- 32 tion, origin, routing, waste or material identification code and destination 33 of hazardous material or hazardous waste during any transportation within, 34 through, or to any destination in this state. 35 (3) "Manufactured home." (See section 39-4105, Idaho Code) 36 (4) "Manufacturer" means every person engaged in the business of con- 37 structing or assembling vehicles of a type required to be registered at an 38 established place of business in this state. The term, for purposes of sec- 39 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall 40 include a distributor and other factory representatives. 41 (5) "Manufacturer's year designation" means the model year designated by 42 the vehicle manufacturer, and not the year in which the vehicle is, in fact, 43 manufactured. 2 1 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped 2 for operation, to which shall be added the maximum load to be carried as 3 declared by the owner in making application for registration. When a vehicle 4 against which a registration or use fee is assessed is a combination of vehi- 5 cles, the term "maximum gross weight" means the combined maximum gross weights 6 of all vehicles in the combination. 7 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code) 8 (8) "Moped" means a limited-speed motor-driven cycle which is not capable 9 of propelling the vehicle at a speed in excess of thirty (30) miles per hour 10 on level ground, whether two (2) or three (3) wheels are in contact with the 11 ground during operation. If an internal combustion engine is used, the dis- 12 placement shall not exceed fifty (50) cubic centimeters and the moped shall 13 have a power drive system that functions directly or automatically without 14 clutching or shifting by the operator after the drive system is engaged. 15 (9) "Motorcycle" means every motor vehicle having a seat or saddle for 16 the use of the rider and designed to travel on not more than three (3) wheels 17 in contact with the ground, but excluding a tractor and moped. 18 (10) "Motor carrier" means an individual, partnership, corporation or 19 other legal entity engaged in the transportation by motor vehicle of persons 20 or property in the furtherance of a business or for hire. 21 (11) "Motor home" means a vehicular unit designed to provide temporary 22 living quarters, built into an integral part or permanently attached to a 23 self-propelled motor vehicle chassis. The vehicle must contain permanently 24 installed independent life support systems which meet the American National 25 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro- 26 vide at least four (4) of the following facilities: cooking, refrigeration or 27 ice box, self-contained toilet, heating and/or air conditioning, a potable 28 water supply system, including a faucet and sink, separate 110-125 volt elec- 29 trical power supply and/or LP-gas supply. 30 (12) "Motorized wheelchair" means a motor vehicle with a speed not in 31 excess of eight (8) miles per hour, designed for and used by a handicapped 32 person. 33 (13) "Motor number." (See "Identifying number," section 49-110, Idaho 34 Code) 35 (14) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code) 36 (15) "Motor vehicle liability policy" means an owner's or operator's pol- 37 icy of liability insurance, certified as provided in section 49-1210, Idaho 38 Code, as proof of financial responsibility, and issued by an insurance carrier 39 duly authorized to transact business in this state, to or for the benefit of 40 the person named therein as insured. 41 (16) "Motor vehicle record" means any record that pertains to a motor 42 vehicle registration, motor vehicle title or identification documents or other 43 similar credentials issued by the department or other state or local agency. 44 SECTION 2. That Section 49-122, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 49-122. DEFINITIONS -- U. 47 (1) "Unauthorized vehicle" means any vehicle parked or otherwise left on 48 private property without the consent of the person owning or controlling that 49 property. 50 (2) "United States" means the fifty (50) states and the District of 51 Columbia. 52 (3) "Unladen weight." (See "Light weight," section 49-113, Idaho Code) 53 (4) "Unregistered vehicle" means a vehicle without current registration 3 1 on file with the department or with the appropriate agency of another state, 2 unless exempt from registration. 3 (5) "Unusual noise." (See "Excessive," section 49-106, Idaho Code) 4 (6) "Urban district." (See "District," section 49-105, Idaho Code) 5 (7) "Use fee" means the fee as imposed in section 49-434, Idaho Code, for 6 vehicles exceeding sixty thousand (60,000) pounds gross weight, and calculated 7 based upon the number of miles traveled in Idaho multiplied by the use fee 8 rate per mile of travel as established by law for the applicable maximum gross 9 weight of the vehicle or combination of vehicles as registered. 10 (8) "Utility trailer" means a trailer or semitrailer designed primarily 11 to be drawn behind a passenger car or pickup truck for domestic and utility 12 purposes. Utility or domestic use shall include a farm trailer while being 13 used to haul agricultural products or livestock from farm to storage, market 14 or processing plant, or returning therefrom. 15 SECTION 3. That Section 49-202, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license 18 records in the office of the department shall be public records and open to 19 inspection by the public during normal business hours, except for those 20 records declared by law to be for the confidential use of the department, or 21 those records containing personal information subject to restrictions or con- 22 ditions regarding disclosure. If the department has contracted for a service 23 to be provided by another entity, an additional fee shall be charged by that 24 contractor whether the service is rendered during normal business hours, other 25 than normal business hours or on weekends. 26 (2) In addition to other fees required by law to be collected by the 27 department, the department shall collect the following: 28 (a) For certifying a copy of any record pertaining to any vehicle 29 license, any certificate of title, or any driver's license ......... $8.00 30 (b) For issuing every Idaho certificate of title .................. $8.00 31 (c) For furnishing a duplicate copy of any Idaho certificate of title 32 .................................................................... $8.00 33 (d) For issuance or transfer of every certificate of title on a new or 34 used vehicle or other titled vehicle in an expedited manner (rush titles), 35 in addition to any other fee required by this section ............. $15.00 36 (e) For recording a transitional ownership document, in addition to any 37 other fee required by this section ................................ $15.00 38 (f) For furnishing a replacement of any receipt of registration ... $3.00 39 (g) For furnishing copies of registration or ownership of motor vehicles 40 or driver's license records, per vehicle registration, accident report 41 records, title or per driver's license record ...................... $4.00 42 Additional contractor fee, not to exceed ........................... $4.00 43 (h) For services in searching files of vehicle or other registrations, 44 vehicle titles, or driver's licenses per hour ..................... $10.00 45 (i) Placing "stop" cards in vehicle registration or title files, each 46 ................................................................... $12.00 47 (j) For issuance of an assigned or replacement vehicle identification 48 number (VIN) .......................................................$10.00 49 (k) For a vehicle identification number (VIN) inspection whether con- 50 ducted by a city or county peace officer or any other peace officer or 51 designated agent of the state of Idaho, per inspection ............. $3.00 52 (l) For all replacement registration stickers, each ............... $1.00 53 (m) For issuing letters of temporary vehicle clearance to Idaho based 4 1 motor carriers .................................................... $10.00 2 (n) For all sample license plates, each .......................... $12.00 3 (o) For filing release of liability statements .................... $2.00 4 (p) For safety and insurance programs for each vehicle operated by a 5 motor carrier ...................................................... $2.00 6 A lesser amount may be set by rule of the board. 7 (3) The fees required in this section shall not apply when the service is 8 furnished to any federal, state, county or city peace officer when such ser- 9 vice is required in the performance of their duties as peace officers. 10 (4) The department may enter into agreements with private companies or 11 public entities to provide the services for which a fee is collected in sub- 12 section (2)(g) of this section. Such private contractor shall collect the fee 13 prescribed and remit the fee to the department. The contractor shall also col- 14 lect and retain the additional fee charged for his services. 15 (5) (a) The department shall pay three dollars ($3.00) of the fee col- 16 lected by a county assessor or other agent of the department as provided 17 in subsection (2)(a) through (f) of this section, and four dollars ($4.00) 18 as provided in subsection (2)(g) of this section, to the county assessor 19 or sheriff of the county or agent collecting such fee, which shall be 20 deposited with the county treasurer and credited to the county current 21 expense fund. The remainder of the fees collected as provided in that sub- 22 section shall be paid by the department to the state treasurer and placed 23 in the state highway fund. 24 (b) The fee collected under subsection (2)(k) of this section for a VIN 25 inspection shall be placed in the city general fund if conducted by a city 26 peace officer, in the county current expense fund if conducted by a county 27 peace officer, shall be retained by the special agent authorized to per- 28 form the inspection, or paid to the state treasurer and placed to the 29 credit of the Idaho state police if conducted by the Idaho state police or 30 in the state highway fund if conducted by the department. 31 (c) The fee collected under subsection (2)(p) of this section for motor 32 carriers shall be paid by the department to the state treasurer and placed 33 in the state highway fund. The director and the director of the Idaho 34 state police shall jointly determine the amount to be transferred from the 35 state highway fund to the law enforcement fund for motor carrier safety 36 programs conducted by the Idaho state police pursuant to the provisions of 37 section 67-2901A, Idaho Code. 38 (6) The department as often as practicable may provide to law enforcement 39 agencies the record of suspensions and revocations of driver's licenses via 40 the Idaho law enforcement telecommunications system (ILETS). 41 (7) The department shall provide the forms prescribed in chapter 5 of 42 this title, shall receive and file in its office in Boise, Idaho, all instru- 43 ments required in chapter 5 of this title to be filed with the department, 44 shall prescribe a uniform method of numbering certificates of title, and main- 45 tain in the department indices for such certificates of title. All indices 46 shall be by motor or identification number and alphabetical by name of the 47 owner. 48 (8) The department shall file each registration received under a distinc- 49 tive registration number assigned to the vehicle and to the owner thereof. 50 (9) The department shall not renew a driver's license or identification 51 card when fees required by law have not been paid or where fees for past 52 periods are due, owing and unpaid including insufficient fund checks, until 53 those fees have been paid. 54 (10) The department shall not grant the registration of a vehicle when: 55 (a) The applicant is not entitled to registration under the provisions of 5 1 this title; or 2 (b) The applicant has neglected or refused to furnish the department with 3 the information required in the appropriate form or reasonable additional 4 information required by the department, or has failed to comply with the 5 provisions of section 49-436, Idaho Code, in past registration periods; or 6 (c) The fees required by law have not been paid, or where fees for past 7 registration periods are due, owing and unpaid including insufficient fund 8 checks. 9 (11) The department or its authorized agents have the authority to request 10 any person, to submit to medical, vision, highway, or written examinations, to 11 protect the safety of the public upon the highways. The department or its 12 authorized agents may exercise such authority based upon evidence which may 13 include, but is not limited to, observations made. 14 (12) The department shall revoke the registration of any vehicle: 15 (a) Which the department shall determine is unsafe or unfit to be oper- 16 ated or is not equipped as required by law; 17 (b) Whenever the person to whom the registration card or registration 18 plate has been issued shall make or permit to be made any unlawful use of 19 the same or permit their use by a person not entitled thereto; 20 (c) For any violation of vehicle registration requirements by the owner 21 or operator in the current or past registration periods; 22 (d) Whenever a motor carrier requests revocation, or whenever an inter- 23 state carrier's federal operating authority has been revoked; 24 (e) For nonpayment by the owner or operator of the vehicle of use fees 25 computed under sections 49-434 and 49-435, Idaho Code; 26 (f) For failure of the owner or operator to file the reports required or 27 nonpayment of fees assessed against the owner by the department pursuant 28 to audit under the provisions of section 49-43 96, 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 applicableof 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 r Refunds 35 mayshall 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 request37 for refund shall include surrender of the license plate, validation sticker38 and registration document. Owners of vehicles registered under the interna-39 tional registration plan may request a refund of the unexpired portion of the40 Idaho vehicle registration fee by presenting evidence from the base jurisdic-41 tion that the license plate, validation sticker and registration document have42 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 in50 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, t There shall be paid on all commercial and53 farmvehicles having a maximum gross weight in excess of sixty thousand 54 (60,000) pounds, a registrationuse fee based upon the registered maximum 55 gross weight of a vehicle as declared by the owner and the total number of9 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 registration3 plan (IRP), in all other jurisdictions. The appropriate registration fee shall4 be determined as follows:5 (a) If the owner registers vehicles under the international registration6 plan (IRP), the appropriate mileage column shall be determined by the7 total miles an owner operated a fleet of vehicles on roads and highways in8 the state, county, city and highway district systems in Idaho and in all9 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 a11 fleet.12 (b) If the owner registers vehicles under the international registration13 plan and determines that the average international registration plan fleet14 miles, calculated by dividing the total IRP fleet miles in all jurisdic-15 tions by the number of registered vehicles, is less than fifty thousand16 one (50,001) miles, the owner may apply to the department for refund of a17 portion of the registration fees paid, consistent with the fee schedules18 set forth in this section. The department shall provide an application for19 the refund. An owner making application for refund under this section20 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 the23 total miles the owner operated each of the vehicles to be registered on24 roads and highways in the state, county, city and highway district systems25 in Idaho in the preceding year and by the maximum gross weight of each26 vehiclein 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 Driven32 (Pounds) 33 1-7,500 7,501-50,000 Over 50,00034 60,001-62,000 30.05 $210 $ 840 $1,40035 62,001-64,000 31.35 240 960 1,60036 64,001-66,000 32.60 270 1,080 1,80037 66,001-68,000 33.90 300 1,200 2,00038 68,001-70,000 35.15 330 1,320 2,20039 70,001-72,000 36.40 360 1,440 2,40040 72,001-74,000 38.55 390 1,560 2,60041 74,001-76,000 40.65 420 1,680 2,80042 76,001-78,000 42.75 450 1,800 3,00043 78,001-80,000 44.90 480 1,920 3,20044 80,001-82,000 47.00 495 1,980 3,30045 82,001-84,000 49.10 510 2,040 3,40046 84,001-86,000 51.20 525 2,100 3,50047 86,001-88,000 53.30 540 2,160 3,60048 88,001-90,000 55.40 555 2,220 3,70049 90,001-92,000 57.50 570 2,280 3,80050 92,001-94,000 59.60 585 2,340 3,90051 94,001-96,000 61.70 600 2,400 4,00052 96,001-98,000 63.80 615 2,460 4,10053 98,001-100,000 65.90 630 2,520 4,20054 100,001-102,000 68.00 645 2,580 4,30055 102,001-104,000 70.10 660 2,640 4,40010 1 Maximum Gross 2 Weight of Vehicle Mills per Mile Total Miles Driven3 (Pounds) 4 104,001-106,000 72.20 675 2,700 4,5005 106,001-108,000 690 2,760 4,6006 108,001-110,000 705 2,820 4,7007 110,001-112,000 720 2,880 4,8008 112,001-114,000 735 2,940 4,9009 114,001-116,000 750 3,000 5,00010 116,001-118,000 765 3,060 5,10011 118,001-120,000 780 3,120 5,20012 120,001-122,000 795 3,180 5,30013 122,001-124,000 810 3,240 5,40014 124,001-126,000 825 3,300 5,50015 126,001-128,000 840 3,360 5,60016 128,001-129,000 855 3,420 5,70017 (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) pounds19 traveling fewer than two thousand five hundred (2,500) miles annually on20 roads and highways in the state, county, city and highway district systems21 in Idaho shall pay an annual registration fee of two hundred fifty-five22 dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not23 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 mileage26 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 who30 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 the33 application of the method used to arrive at the estimated miles.34 (c) Any owner using any fee schedule other than the highest fee schedule35 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 the37 schedule applied for. Any owner using a fee schedule under subsection38 (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 CodeIf 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 a43 violation under thean infraction. or misdemeanor provisions of section44 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 or13 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, shall15 maintain records and permit the department to inspect the records upon request16 to substantiate that the actual miles traveled, if using a mileage schedule in17 subsection (8)(c) of section 49-434, Idaho Code, are less than the maximum18 mileage schedule.19 (3) When the records are maintained outside this state by owners engaged20 in transportation in this state, the owner shall reimburse the department for21 reasonable expenses incurred by the department in making audits of those22 records and accounts at the out-of-state location. The owner or the department23 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 of25 the owner who is familiar with the records and who is responsible for the26 safekeeping of the records.27 (4) Every owner is required to maintain records for the current year and28 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 three30 (3) years after the assessment or a final order entered pursuant to subsection31 (7) of this section.32 (5) An owner who fails to maintain records as required by the provisions33 of this section may have the registration of all vehicles registered under34 section 49-434 or 49-435, Idaho Code, suspended until such time as adequate35 records as required by the provisions of this section are provided. In the36 event that the owner does not produce records, the department may assess a fee37 based on an estimate of the operation. The department shall promulgate rules38 specifying the methodology to be used to assess a fee based on an estimate of39 the operation.40 (6) An owner who fails to pay any fees due is subject to suspension of41 vehicle registrations in addition to a penalty of ten percent (10%) of the42 amount of fee determined to be due, plus interest of one percent (1%) of the43 amount of the fee due for each month or fraction thereof after the fee became44 due. An order suspending the vehicle registration shall be mailed to the owner45 by the department. The suspension shall be canceled if the payment due is46 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 and49 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 the53 department for a hearing within ten (10) days after receipt of the suspension54 order. If the suspension is subsequently canceled pursuant to the appeal, the55 reinstatement fee shall not be due.17 1 (7) An owner may contest an assessment made by the department within2 thirty (30) days from receipt of the assessment by filing an appeal with the3 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 within6 twenty (20) days from the date of receipt of notice of intent to appeal by the7 owner. The owner and the representative of the department shall reduce all8 conclusions, agreements and decisions to writing and the written report of the9 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 the11 owner, he may continue with the appeal by informing the director in writing,12 and the director or his authorized representative shall appoint a hearing13 officer to conduct a contested case hearing in accordance with chapter 52,14 title 67, Idaho Code. The hearing officer may subpoena witnesses and evidence15 and administer oaths. The hearing officer shall prepare written findings of16 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 his18 authorized representative shall issue a final order affirming, modifying or19 reversing the original assessment. All final orders rendered by the director20 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 urisdiction3 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 have20 paid the registrationuse fees calculated as specified in section 49-434, 21 Idaho Code, and are in compliance with the length restrictions set forth 22 in section 49-1010(7), Idaho Code. 23 (2) The weight limitations set forth in the table in subsection (1) of 24 this section shall not apply to any vehicle, or combination of vehicles when a 25 greater allowed weight in pounds would be permitted such vehicles under the 26 table provided in this subsection, except that with regard to transportation 27 on the United States federal interstate and defense highways of this state, 28 the following table of allowable weights shall apply only to vehicles engaged 29 in the transportation of logs, pulp wood, stull, rough lumber, poles or pil- 30 ing; or to any such vehicle engaged in the transportation of ores, concen- 31 trates, sand and gravel and aggregates thereof, in bulk; or to any such vehi- 32 cle engaged in the transportation of agricultural commodities, including live- 33 stock: 34 Distance in feet between Allowed Load in Pounds 35 the extremes of any group Vehicles with Vehicles with 36 of 2 or more consecutive Three or Four Five or more 37 axles axles axles 38 3 through 12 37,800 37,800 39 13 56,470 56,470 40 14 57,940 57,940 41 15 59,400 59,400 42 16 60,610 60,610 43 17 61,820 61,820 44 18 63,140 63,140 45 19 64,350 64,350 46 20 65,450 65,450 47 21 66,000 66,330 48 22 66,000 67,250 49 23 66,000 67,880 50 24 66,000 68,510 51 25 66,000 69,150 52 26 66,000 69,770 53 27 66,000 70,400 54 28 66,000 70,950 55 29 66,000 71,500 23 1 Distance in feet between Allowed Load in Pounds 2 the extremes of any group Vehicles with Vehicles with 3 of 2 or more consecutive Three or Four Five or more 4 axles axles axles 5 30 66,000 72,050 6 31 72,600 7 32 73,150 8 33 73,700 9 34 74,250 10 35 74,800 11 36 75,350 12 37 75,900 13 38 76,450 14 39 77,000 15 40 77,550 16 41 78,100 17 42 78,650 18 43 and over 79,000 19 The weight allowances provided in this subsection do not apply if the total 20 gross weight of a vehicle or combination of vehicles is intended to exceed 21 seventy-nine thousand (79,000) pounds as declared by the operator. When the 22 provisions of this subsection are applicable to a vehicle or combination of 23 vehicles, it shall be a violation of the provisions of this subsection if that 24 vehicle or combination of vehicles exceeds the weights specified in this 25 table. 26 (3) In determining the gross weight of a vehicle or the gross weight of 27 any two (2) or more consecutive axles under subsection (1) or (2) or (9) of 28 this section, the total gross weight of the vehicle or combination of vehicles 29 or the gross weight of any two (2) or more consecutive axles shall be the sum 30 of the axle weights. 31 For the purposes of this chapter the gross weight of a vehicle or the 32 gross weight of any two (2) or more consecutive axles may be determined by 33 accumulatively adding the separate weights of individual axles and tandem 34 axles or groups of axles to determine gross weight. The results of any weigh- 35 ing at a temporary or permanent port of entry and the records relating to the 36 calibration and accuracy of any scale at a temporary or permanent port of 37 entry shall be admissible in any proceeding in this state. In order to prove a 38 violation of the provisions of this section the state must show that: 39 (a) The sum of the axle weights exceeds what is allowable under the pro- 40 visions of subsection (1) or (2) or (9) of this section; 41 (b) The scale involved in the weighing was at the time of weighing cali- 42 brated in conformity with and met the accuracy requirements of the stan- 43 dards for the enforcement of traffic and highway laws as set forth in the 44 latest edition of handbook 44 of the national institute of standards and 45 technology; 46 (c) Weights of individual axles or axles within a commonly suspended 47 group of axles supported by a mechanical system designed to distribute 48 equal wheel loads to individual axles in the group were utilized only to 49 determine gross weights of that group of axles, and that any further eval- 50 uation of gross weights of combinations of axles considered only the accu- 51 mulated gross weight of each such commonly suspended group of axles. 52 (4) In applying the weight limitations imposed in this section, a vehicle 53 or combination of vehicles must comply exclusively with the weight limitations 54 in either subsection (1) or (2) or (9) of this section. 55 (5) In applying the weight limitations imposed in this section, the dis- 24 1 tance between axles shall be measured to the nearest even foot. When a frac- 2 tion is exactly one-half (1/2) foot the next larger whole number shall be 3 used. 4 (6) The limitations imposed in this section are in addition and supple- 5 mental to all other laws imposing limitations upon the size and weight of 6 vehicles. Further, single axles within groups of axles are subject to the pro- 7 visions and limitations of this chapter. Single axles within groups of axles 8 may be weighed and evaluated separately, or single axles may be prequalified 9 in accordance with rules or ordinances established by the board or other pub- 10 lic road jurisdiction, if any of the following conditions exist regarding the 11 single axle within a group of axles: 12 (a) A suspension system common to all axles in the group of axles does 13 not exist. 14 (b) One (1) or more axles in the group of axles is equipped with separate 15 variable load suspension controls to regulate the weight carried by indi- 16 vidual axles. 17 (c) One (1) or more axles in a group of axles is equipped with more or 18 fewer tires than other axles in the group of axles. 19 (d) All tires in the group of axles are not the same size as determined 20 by the manufacturer's sidewall rating. 21 (7) Notwithstanding the other provisions of this chapter, no vehicle, 22 motor vehicle, trailer and/or semitrailer, or combination thereof, may be 23 operated on the public highways of the state under loads which would result in 24 the withholding of funds by operation of controlling federal law as provided 25 in the Federal Aid Highway Act of 1956, as amended. 26 (8) Except as provided herein, no vehicle or combination of vehicles may 27 proceed past the place of weighing at temporary or permanent ports of entry or 28 checking stations when: the weight of a single axle exceeds the maximum limi- 29 tations set forth herein by two thousand (2,000) pounds or more; the weight of 30 a combination of axles, or gross vehicle weight exceeds the maximum allowable 31 weight as set forth herein by seven percent (7%) or more. Vehicles or combina- 32 tions of vehicles which exceed the weight limitations set forth herein shall 33 be required to be brought into compliance with applicable weight limitations 34 contained within this subsection at the place of weighing prior to continuing, 35 except those vehicles or combinations of vehicles which are transporting loads 36 which, in the determination of the board or other proper authorities in charge 37 of or having jurisdiction over a highway, are deemed unsafe or impractical to 38 bring into compliance at the place of weighing, and except those vehicles 39 which do not exceed fifteen percent (15%) over maximum axle and axle group 40 weights set forth in this section. Vehicles or combinations of vehicles trans- 41 porting loads in this latter category shall obtain a travel authorization to 42 the nearest place of safe unloading, load adjustment or other means of 43 legalization. 44 (a) Neither the state of Idaho or its employees, nor any authority and 45 its employees in charge of or having jurisdiction over a highway, shall be 46 held liable for personal injury or property damage resulting from the 47 requirements of section 49-1001(8), Idaho Code. 48 (b) The fee for a travel authorization as set forth above shall be fifty 49 dollars ($50.00) and shall be on a form prescribed by the board or other 50 proper authorities, and shall not be construed as contributing to a reduc- 51 tion in the penalties prescribed in section 49-1013, Idaho Code. 52 (c) The board or other proper authorities in charge of or having juris- 53 diction over a highway shall adopt and enforce administrative rules as may 54 be necessary to carry out the provisions of this section. 55 (9) For vehicles on all highways except the United States federal inter- 25 1 state and defense highways of this state, the following table shall apply: 2 Distance in feet between Allowed Load in Pounds 3 the extremes of any group Vehicles with Vehicles with 4 of 2 or more consecutive Three or Four Five or more 5 axles axles axles 6 3 through 12 37,800 37,800 7 13 56,470 56,470 8 14 57,940 57,940 9 15 59,400 59,400 10 16 60,610 60,610 11 17 61,820 61,820 12 18 63,140 63,140 13 19 64,350 64,350 14 20 65,450 65,450 15 21 66,000 66,330 16 22 66,000 67,250 17 23 66,000 67,880 18 24 66,000 68,510 19 25 66,000 69,150 20 26 66,000 69,770 21 27 66,000 70,400 22 28 66,000 70,950 23 29 66,000 71,500 24 30 66,000 72,050 25 31 72,600 26 32 73,150 27 33 73,700 28 34 74,250 29 35 74,800 30 36 75,350 31 37 75,900 32 38 76,450 33 39 77,000 34 40 77,550 35 41 78,100 36 42 78,650 37 43 and over 80,000 38 The weight allowances provided in this subsection do not apply if the total 39 gross weight of a vehicle or combination of vehicles is intended to exceed 40 eighty thousand (80,000) pounds as declared by the operator. When the provi- 41 sions of this subsection are applicable to a vehicle or combination of vehi- 42 cles, it shall be a violation of the provisions of this subsection if that 43 vehicle or combination of vehicles exceeds the weights specified in this 44 table. 45 (10) When owned by or under contract to or under authority of a city, 46 county, or state agency, refuse/sanitation trucks transporting refuse may be 47 operated on public highways in accordance with the weights allowed in subsec- 48 tion (9) of this section, except that such trucks equipped with single rear 49 axles are allowed twenty-four thousand (24,000) pounds on that single rear 50 axle when specifically authorized by the public highway agency governing the 51 highways over which the refuse/sanitation truck is operating and provided the 52 following conditions are met: 53 (a) The weight allowances provided for in this subsection shall not apply 54 to the United States federal interstate and defense highways of the state; 55 and 26 1 (b) The owner or operator has paid an annual operating fee for a permit, 2 not to exceed fifty dollars ($50.00) per refuse/sanitation truck to each 3 public agency governing the public highways over which the 4 refuse/sanitation truck operates. The permit shall be carried in the 5 refuse/sanitation truck. The permit fee may be waived by a public agency 6 for refuse/sanitation trucks operated over public highways under that 7 agency's jurisdiction. 8 (11) Variable load suspension axles shall meet the following criteria in 9 order to be included in the computation of gross vehicle or axle weight limits 10 for vehicles under the provisions of this section: 11 (a) The deployment control switch for such axles may be located inside of 12 the driver's compartment but the pressure regulator valve for the opera- 13 tion of pressure on the pavement shall be located outside of and inacces- 14 sible to the driver's compartment. 15 (b) The manufacturer's gross axle weight rating of each such axle must 16 not be less than the actual loading of the axle. 17 (c) All variable load suspension axles mounted on a vehicle after January 18 1, 1990, shall be designed to be self-steering in a manner that will guide 19 or direct the variable load suspension mounted wheels through a turning 20 movement without undue tire scrubbing or pavement scuffing. 21 (d) The manufacturer's gross tire weight rating of each tire must not be 22 less than the actual loading of the tire. 23 (e) Variable load suspension axles must be fully deployed or fully 24 raised. For applicable definitions, see sections 49-117 and 49-123, Idaho 25 Code. 26 (12) Any person who operates a motor vehicle with a variable load suspen- 27 sion axle in violation of the provisions of this section shall be subject to 28 the penalties provided in section 49-1013, Idaho Code. 29 SECTION 11. This act shall be in full force and effect on and after Janu- 30 ary 1, 2002.
STATEMENT OF PURPOSE RS 10687C1 The purpose of this legislation is to return the Idaho trucking industry to fair and equitable use rates. This weight distance tax in non bifurcated and therefor felt to be lawful. FISCAL IMPACT There is no impact to the general fund. Per the calculations provided by the Idaho Department of Transportation this proposed legislation would be revenue neutral to the highway account. Contact Name: Charles D. Cuddy Phone: 332 1130 STATEMENT OF PURPOSE/FISCAL NOTE H 267