2002 Legislation
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SENATE BILL NO. 1277 – MV/commercial, operator/RR violatn

SENATE BILL NO. 1277

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Daily Data Tracking History



S1277.....................................................by TRANSPORTATION
COMMERCIAL VEHICLES - OPERATORS - Amends existing law to provide for
disqualification of a commercial motor vehicle operator convicted of
violating federal regulation or state law on railroad grade crossings; and
to provide for the imposition of a fixed penalty upon an employer who is
convicted of knowingly allowing, permitting, requiring or authorizing an
employee operating a commercial motor vehicle to violate federal regulation
or state law on railroad grade crossings.
                                                                        
01/11    Senate intro - 1st rdg - to printing
01/14    Rpt prt - to Transp
01/23    Rpt out - rec d/p - to 2nd rdg
01/24    2nd rdg - to 3rd rdg
01/28    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill,
      Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh,
      Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett,
      Thorne(Thorne), Wheeler, Williams
      NAYS -- None
      Absent and excused -- Branch, Hawkins, Sims
    Floor Sponsor - Ingram
    Title apvd - to House
01/29    House intro - 1st rdg - to Transp
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 46-21-3
      AYES -- Aikele, Bedke, Bell, Bieter, Block, Boe, Bolz, Bradford,
      Bruneel, Campbell, Clark, Collins, Cuddy, Deal, Ellis, Ellsworth,
      Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
      Henbest, Higgins, Jaquet, Kellogg, Kunz, Langford, Martinez,
      Mortensen, Moyle, Pischner, Pomeroy, Raybould, Roberts, Robison,
      Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
      Stone, Trail
      NAYS -- Barraclough, Barrett, Black, Callister, Harwood, Hornbeck,
      Jones, Kendell, Lake, Loertscher, Mader, McKague, Meyer, Pearce,
      Ridinger, Sali, Tilman, Wheeler, Wood, Young, Mr. Speaker
      Absent and excused -- Crow, Denney, Montgomery
    Floor Sponsor - Smith(23)
    Title apvd - to Senate
03/13    To enrol
03/14    Rpt enrol - Pres signed
    Sp signed
03/15    To Governor
03/21    Governor signed
         Session Law Chapter 181
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1277
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COMMERCIAL DRIVER'S LICENSE DISQUALIFICATION AND PENALTIES; AMEND-
  3        ING SECTION 49-335, IDAHO CODE, TO PROVIDE FOR DISQUALIFICATION OF A  COM-
  4        MERCIAL  MOTOR  VEHICLE OPERATOR IF THE OPERATOR IS CONVICTED OF VIOLATING
  5        FEDERAL REGULATIONS OR STATE LAWS ON RAILROAD GRADE CROSSINGS; AND  AMEND-
  6        ING  SECTION 49-337, IDAHO CODE, TO PROVIDE FOR THE IMPOSITION OF  A FIXED
  7        PENALTY UPON AN EMPLOYER WHO IS CONVICTED OF KNOWINGLY  ALLOWING,  PERMIT-
  8        TING,  REQUIRING  OR  AUTHORIZING AN EMPLOYEE OPERATING A COMMERCIAL MOTOR
  9        VEHICLE TO VIOLATE FEDERAL REGULATIONS OR STATE  LAWS  ON  RAILROAD  GRADE
 10        CROSSINGS AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Section  49-335, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        49-335.  DISQUALIFICATIONS AND PENALTIES -- COMMERCIAL  DRIVER'S  LICENSE.
 15    (1)  Any  person who operates a commercial motor vehicle and who holds a class
 16    A, B or C driver's license is disqualified from operating a  commercial  motor
 17    vehicle for a period of not less than one (1) year if convicted in the form of
 18    a  judgment  or withheld judgment of a first violation under any state or fed-
 19    eral law of:
 20        (a)  Operating a commercial motor vehicle while  under  the  influence  of
 21        alcohol or a controlled substance;
 22        (b)  Operating  a commercial motor vehicle while the alcohol concentration
 23        of the person's blood,  breath or bodily substance is 0.04 or more;
 24        (c)  Leaving the scene of an accident involving a commercial motor vehicle
 25        driven by the person;
 26        (d)  Using a commercial motor vehicle in the commission of any felony.
 27        (2)  Any person who operates a commercial motor vehicle and  who  holds  a
 28    class  A,  B or C driver's license is disqualified from operating a commercial
 29    motor vehicle for a period of not less than one (1) year if the person refuses
 30    to submit to a test to determine  the  driver's  alcohol  concentration  while
 31    operating a commercial motor vehicle.
 32        (3)  If  any  of  the  offenses specified in subsection (1) or (2) of this
 33    section occurred while  transporting  a  hazardous  material  required  to  be
 34    placarded,  the person is disqualified for a period of not less than three (3)
 35    years.
 36        (4)  A person is disqualified for the period of time specified in  49  CFR
 37    part  383  if  found  to have committed two (2) or more of any of the offenses
 38    specified in subsection (1) or (2) of this  section,  or  any  combination  of
 39    those offenses, arising from two (2) or more separate incidents.
 40        (5)  A  person  is disqualified for the period of time specified in 49 CFR
 41    part 383 from operating a commercial motor vehicle who uses a commercial motor
 42    vehicle in the commission of any felony involving the  manufacture,  distribu-
 43    tion,  or  dispensing of a controlled substance, or possession of a controlled
                                                                        
                                           2
                                                                        
  1    substance with the intent to manufacture, distribute  or  dispense  such  con-
  2    trolled substance.
  3        (6)  A  person  is  disqualified from operating a commercial motor vehicle
  4    for a period of not less than sixty (60) days if convicted of two (2)  serious
  5    traffic violations, or one hundred twenty (120) days if convicted of three (3)
  6    serious  traffic  violations,  committed in a commercial motor vehicle arising
  7    from separate incidents occurring within a three (3) year period.
  8        (7)  A person who drives, operates, or is in physical control of a commer-
  9    cial motor vehicle within this state while having  any  detectable  amount  of
 10    alcohol  in  his  system  or  who refuses to submit to an alcohol test must be
 11    placed out of service for twenty-four (24) hours and be subject to the  provi-
 12    sions of section 18-8002, Idaho Code.
 13        (8)  A person who is convicted in the form of a judgment or withheld judg-
 14    ment  of  a  violation  of  an out-of-service order while driving a commercial
 15    motor vehicle is disqualified for not less than:
 16        (a)  Ninety (90) days nor more than one (1) year for a first conviction;
 17        (b)  One (1) year nor more than five (5) years  for  a  second  conviction
 18        arising from separate incidents during any ten (10) year period;
 19        (c)  Three  (3)  years  nor more than five (5) years for three (3) or more
 20        convictions arising from separate  incidents  during  any  ten  (10)  year
 21        period.
 22        (9)  A person who is convicted in the form of a judgment or withheld judg-
 23    ment  of  a  violation  of  an out-of-service order while driving a commercial
 24    motor vehicle and  while  transporting  hazardous  materials  required  to  be
 25    placarded under the hazardous materials transportation act, or while operating
 26    motor vehicles designed to transport sixteen (16) or more people including the
 27    driver, is disqualified for not less than:
 28        (a)  One hundred eighty (180) days nor more than two (2) years for a first
 29        conviction;
 30        (b)  Three  (3)  years nor more than five (5) years for subsequent convic-
 31        tions arising from separate incidents in any ten (10) year period.
 32        (10) A person is disqualified from operating a commercial motor vehicle if
 33    convicted of a railroad grade crossing violation as specified in 49  CFR  part
 34    383  or  applicable state laws while operating a commercial motor vehicle. The
 35    disqualification shall be for a period of:
 36        (a)  Sixty (60) days for a first conviction;
 37        (b)  One hundred twenty (120) days for  a  second  conviction  during  any
 38        three (3) year period;
 39        (c)  One  (1)  year  for a third or subsequent conviction during any three
 40        (3) year period.
                                                                        
 41        SECTION 2.  That Section 49-337, Idaho Code, be, and the  same  is  hereby
 42    amended to read as follows:
                                                                        
 43        49-337.  EMPLOYEE  AND  EMPLOYER  RESPONSIBILITIES.  (1) Any operator of a
 44    commercial motor vehicle holding a class A, B or C driver's license issued  by
 45    this state, and who is convicted of violating any state law or local ordinance
 46    in any other state relating to motor vehicle traffic control, other than park-
 47    ing  violations,  shall  notify the department of the conviction in the manner
 48    specified by the department within thirty (30) days of the date of conviction.
 49        (2)  Any operator of a commercial motor vehicle holding a class A, B or  C
 50    driver's  license  issued by this state, and who is convicted of violating any
 51    state law or local ordinance relating to motor vehicle traffic control in this
 52    or any other state, other than parking violations, shall notify  his  employer
 53    in  writing  of  the conviction within thirty (30) days of the date of convic-
                                                                        
                                           3
                                                                        
  1    tion.
  2        (3)  Each employee whose class A, B or C driver's  license  is  suspended,
  3    revoked,  denied, refused or cancelled canceled by this state or who loses the
  4    privilege to operate a commercial motor vehicle in any state for  any  period,
  5    or  who  is  disqualified  from  operating  a commercial motor vehicle for any
  6    period, shall notify his employer of that fact before the end of the  business
  7    day following the day the employee received notice of that fact.
  8        (4)  Each person who applies for employment as an operator of a commercial
  9    motor  vehicle with an employer shall provide notification to the employer, at
 10    the time of application, of his previous employment as an operator of  a  com-
 11    mercial motor vehicle. The period of previous employment of which notification
 12    must be given shall be the ten (10) year period ending on the date of applica-
 13    tion for employment.
 14        (5)  No  employer  shall  knowingly allow, permit, require or authorize an
 15    employee to operate a commercial motor vehicle in the United States during any
 16    period:
 17        (a)  In which the employee has a driver's license  suspended,  revoked  or
 18        cancelled canceled by a state, has lost the privilege to operate a commer-
 19        cial  motor  vehicle  in a state or has been disqualified from operating a
 20        commercial motor vehicle; or
 21        (b)  In which the employee has more than one (1) driver's license; or
 22        (c)  In which the employee, or the motor  vehicle  being  driven,  or  the
 23        motor carrier operation, is subject to an out-of-service order.
 24        (6)  No  employer  shall  knowingly allow, permit, require or authorize an
 25    employee to operate a commercial motor vehicle in the United States in  viola-
 26    tion  of  any  federal, state or local law or federal regulation pertaining to
 27    railroad grade crossings. An employer who is convicted of a violation of  this
 28    subsection  (6)  shall,  in  addition to the general penalties provided for in
 29    this title, be subject to a civil penalty of not more than ten  thousand  dol-
 30    lars ($10,000).
 31        (7)  Each  employer  shall require the information specified in subsection
 32    (4) of this section to be provided by the employee.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 11421

This legislation brings Idaho code into compliance with the Federal Motor Carrier
Safety Regulations (FMCSR) regarding the Commercial Drivers License (CDL) program
and enhances the safety of Idaho's  highways and railroad crossings.

This legislation amends Section 49-335, Idaho Code, to allow the department to
disqualify the commercial drivers licenses of commercial motor vehicle operators
convicted of violating a railroad grade crossing law or regulation.

This legislation also amends Section 49-337, Idaho Code, to allow for a civil
penalty of up to $10,000 to be assessed against an employer who  requires an
employee to violate a railroad grade crossing law or regulation.  
                         FISCAL IMPACT
All states must achieve substantial compliance with the new FHWA regulations
regarding railroad crossings prior to October 4, 2002, or be subject to permanent
withholding of apportioned Federal-aid highway funds.
The first year that a state is found in non-compliance can result in a permanent
withholding of 5% of Interstate Maintenance (IM), National Highway System (NHS),
and Surface Transportation Program (STP) funds, or an estimated total of $7
million for Idaho in FY 2003.  If a state is found in non-compliance for a second
year, the permanent withholding can increase to 10%, or an estimated $14 million
in FY 2004 and thereafter for Idaho. If this legislation is not enacted, Idaho
can be found in non-compliance with the CDL program and millions of dollars of
Federal-aid highway funding can be permanently withheld. 
CONTACT
             Name:  Hal Putnam, MV Program Supv
 Agency:     Idaho Transportation Department
             Phone: 334-4465
     Statement of Purpose/Fiscal Impact                                                                       S1277