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H0550aaS......................................by TRANSPORTATION AND DEFENSE
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE - Amends existing law to
provide that persons who operate an electric personal assistive mobility
device are considered to be pedestrians and may operate such devices upon a
sidewalk; and to authorize regulation by political subdivisions.
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to Transp
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 62-6-2
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Langford,
Loertscher, Mader, Martinez, Meyer, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Robison, Sali, Schaefer, Shepherd, Smith(33),
Smith(23), Smylie, Stevenson, Tilman, Trail, Wheeler, Wood, Young,
Mr. Speaker
NAYS -- Ellis, Lake, McKague, Montgomery, Roberts, Stone
Absent and excused -- Mortensen, Sellman
Floor Sponsor - Cuddy
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Transp
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/11 To 14th Ord
Rpt out amen - to 1st rdg as amen
03/12 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 32-3-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill,
Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams
NAYS -- Cameron, Darrington, Davis
Absent and excused -- None
Floor Sponsor - Thorne
Title apvd - to House
03/14 House concurred in Senate amens - to engros
03/15 Rt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 68-0-2
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz,
Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
Montgomery, Moyle, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr.
Speaker
NAYS -- None
Absent and excused -- Mortensen, Pearce
Floor Sponsor - Cuddy
Title apvd
03/15 To enrol - rpt enrol - Sp/Pres signed
03/15 To Governor
03/21 Governor signed
Session Law Chapter 160
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 550
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-106, IDAHO CODE, TO DEFINE
3 "ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE" AND TO MAKE TECHNICAL COR-
4 RECTIONS; AMENDING SECTION 49-117, IDAHO CODE, TO EXPAND THE DEFINITION OF
5 "PEDESTRIAN" TO INCLUDE A PERSON WHO OPERATES AN ELECTRIC PERSONAL
6 ASSISTIVE MOBILITY DEVICE; AMENDING SECTION 49-123, IDAHO CODE, TO REVISE
7 THE DEFINITION OF "MOTOR VEHICLE" TO PROVIDE THAT AN ELECTRIC PERSONAL
8 ASSISTIVE MOBILITY DEVICE IS NOT A MOTOR VEHICLE; AMENDING SECTION 49-605,
9 IDAHO CODE, TO PROVIDE THAT AN ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE
10 MAY BE USED UPON A SIDEWALK; AND AMENDING SECTION 49-721, IDAHO CODE, TO
11 PROVIDE THAT A PERSON OPERATING A MOTORIZED WHEELCHAIR OR AN ELECTRIC PER-
12 SONAL ASSISTIVE MOBILITY DEVICE UPON A SIDEWALK SHALL HAVE ALL THE RIGHTS
13 AND DUTIES APPLICABLE TO A PEDESTRIAN UNDER THE SAME CIRCUMSTANCES.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 49-106, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 49-106. DEFINITIONS -- E.
18 (1) "Electric personal assistive mobility device" means a self-balancing
19 two (2) nontandem wheeled device designed to transport only one (1) person,
20 with an electric propulsion system that limits the maximum speed of the device
21 to fifteen (15) miles per hour or less.
22 (2) "Emergency vehicle." (See "Vehicle"," section 49-123, Idaho Code)
23 (23) "Encumbrance." (See "Lien"," section 49-113, Idaho Code)
24 (34) "EPA" means the environmental protection agency of the United
25 States.
26 (45) "Essential parts" means all integral and body parts of a vehicle of
27 a type required to be registered, the removal, alteration or substitution of
28 which would tend to conceal the identity of the vehicle or substantially alter
29 its appearance, model, type or mode of operation.
30 (56) "Established place of business" means a place occupied either con-
31 tinuously or at regular periods by a dealer or manufacturer where his books
32 and records are kept and a large share of his business is transacted.
33 (67) "Excessive" or "unusual noise" means any sound made by a passenger
34 motor vehicle or a motorcycle at any time under any condition of grade, speed,
35 acceleration or deceleration, which exceeds ninety-two (92) decibels, or any
36 lower decibel level that is fixed by law or rules adopted by the board of
37 health and welfare, on the "A" scale of a general radio company No. 1551-B
38 sound level meter, or equivalent, stationed at a distance of not less than
39 twenty (20) feet to the side of a vehicle or motorcycle as the vehicle or
40 motorcycle passes the soundmeter or is stationed not less than twenty (20)
41 feet from a stationary motor or engine.
42 (78) "Excessive speed" means any speed of fifteen (15) miles per hour or
43 more above the posted speed limit, and is only for purposes of determining
2
1 disqualification of commercial driving privileges.
2 (89) "Executive head," as used in chapter 20, title 49, Idaho Code, means
3 the governor of the state of Idaho.
4 (910) "Explosives" means any chemical compound or mechanical mixture that
5 is commonly used or intended for the purpose of producing an explosion and
6 which contains any oxidizing and combustive units or other ingredients in pro-
7 portions, quantities or packing that an ignition by fire, by friction, by con-
8 cussion, by percussion or by detonator of any part of the compound or mixture
9 may cause a sudden generation of highly heated gases with which the resultant
10 gaseous pressures are capable of producing destructive effects on contiguous
11 objects or of destroying life or limb.
12 (101) "Extraordinary circumstances" means any situation where an emergency
13 exists or public safety is endangered, or any situation in which a vehicle:
14 (a) Is blocking or impeding traffic; or
15 (b) Is causing a hazard; or
16 (c) Has the potential of impeding any emergency vehicle; or
17 (d) Is impeding any snow removal or other road maintenance operation; or
18 (e) Has been stolen but not yet reported as recovered; or
19 (f) Is not registered, or displays a license plate registration tag which
20 has been expired.
21 SECTION 2. That Section 49-117, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 49-117. DEFINITIONS -- P.
24 (1) "Park" or "parking" means the standing of a vehicle, whether occupied
25 or not, other than temporarily for the purpose of and while actually engaged
26 in loading or unloading property or passengers.
27 (2) "Park trailer." (See "Trailer," section 49-121, Idaho Code)
28 (3) "Part-time salesman" means any person employed as a vehicle salesman
29 on behalf of a dealer less than thirty (30) hours per week.
30 (4) "Peace officer." (See section 19-5101(d), Idaho Code)
31 (5) "Pedestrian" means any person afoot and any person operating a wheel-
32 chair or a motorized wheelchair or an electric personal assistive mobility
33 device.
34 (6) "Pedestrian path" means any path, sidewalk or way set-aside and used
35 exclusively by pedestrians.
36 (7) (a) "Person" means every natural person, firm, fiduciary, copartner-
37 ship, association, corporation, trustee, receiver or assignee for the ben-
38 efit of creditors, political subdivision, state or federal governmental
39 department, agency, or instrumentality, and for the purposes of chapter 22
40 of this title shall include a private, common or contract carrier operat-
41 ing a vehicle on any highway of this state.
42 (b) "Person with a disability" means:
43 (i) A person who is unable to walk two hundred (200) feet or more
44 unassisted by another person;
45 (ii) A person who is unable to walk two hundred (200) feet or more
46 without the aid of a walker, cane, crutches, braces, prosthetic
47 device or a wheelchair; or
48 (iii) A person who is unable to walk two hundred (200) feet or more
49 without great difficulty or discomfort due to the following impair-
50 ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
51 order, blindness, or the loss of function or absence of a limb.
52 (iv) For the purposes of chapters 3 and 4 of this title, a person
53 with a permanent disability is one whose physician certifies that the
3
1 person qualifies as a person with a disability pursuant to this sub-
2 section (7)(b), and further certifies that there is no expectation
3 for a fundamental or marked change in the person's condition at any
4 time in the future.
5 (8) "Personal information" means information that identifies an individ-
6 ual, including an individual's photograph or computerized image, social secu-
7 rity number, driver identification number, name, address, telephone number,
8 and medical or disability information, but does not include information on
9 vehicular accidents, driving or equipment-related violations, the five-digit
10 zip code of the person's address, or status of the driver's license or motor
11 vehicle registration.
12 (9) "Pneumatic tire." (See "Tires," section 49-121, Idaho Code)
13 (10) "Pole trailer." (See "Trailer," section 49-121, Idaho Code)
14 (11) "Possessory lien" means a lien dependent upon possession for compen-
15 sation to which a person is legally entitled for making repairs or performing
16 labor upon, and furnishing supplies or materials for, and for the towing,
17 storage, repair, or safekeeping of, any vehicle of a type subject to registra-
18 tion.
19 (12) "Possessory lienholder" means any person claiming a lien, that lien
20 claimed to have accrued on a basis of services rendered to the vehicle which
21 is the subject of the lien.
22 (13) "Preceding year" means, for the purposes of section 49-435, Idaho
23 Code, a period of twelve (12) consecutive months fixed by the department,
24 prior to July 1 of the year immediately preceding the commencement of the reg-
25 istration or license year for which proportional registration is sought. The
26 department in fixing the period shall make it conform to the terms, conditions
27 and requirements of any applicable agreement or arrangement for the propor-
28 tional registration of vehicles.
29 (14) "Pressure regulator valve" means a device or system which governs the
30 load distribution and controls the weight borne by a variable load suspension
31 axle in accordance with a predetermined valve setting.
32 (15) "Principal place of business" means an enclosed commercial structure
33 located within the state, easily accessible and open to the public at all rea-
34 sonable times, with an improved display area large enough to display five (5)
35 or more vehicles of the type the dealer is licensed to sell, immediately
36 adjoining the building, and at which the business of a dealer, including the
37 display and repair of vehicles, may be lawfully carried on in accordance with
38 the terms of all applicable building codes, zoning and other land-use regula-
39 tory ordinances, and in which building the public shall be able to contact the
40 dealer or his salesmen in person or by telephone at all reasonable times, and
41 at which place of business shall be kept and maintained the books, records and
42 files necessary to conduct the business. The principal place of business shall
43 display an exterior sign permanently affixed to the land or building, with
44 letters clearly visible to the major avenue of traffic. In no event shall a
45 room or rooms in a hotel, rooming house, or apartment house building or a part
46 of any single or multiple unit dwelling house be considered a "principal place
47 of business" within the terms and provisions of this title unless the entire
48 ground floor of that hotel, apartment house, or rooming house building or
49 dwelling house be devoted principally to and occupied for commercial purposes,
50 and the office or offices of the dealer be located on the ground floor.
51 (16) "Private property open to the public" means real property not owned
52 by the federal government or the state of Idaho or any of its political subdi-
53 visions, but is available for vehicular traffic or parking by the general pub-
54 lic with the permission of the owner or agent of the real property.
55 (17) "Private road" means every way or place in private ownership and
4
1 used for vehicular travel by the owner and those having express or implied
2 permission from the owner, but not by other persons.
3 (18) "Proof of financial responsibility" means proof of ability to
4 respond in damages for liability, on account of accidents occurring subsequent
5 to the effective date of the proof, arising out of the ownership, maintenance
6 or use of a motor vehicle, in the amount of twenty-five thousand dollars
7 ($25,000) because of bodily injury to or death of one (1) person in any one
8 (1) accident, and, subject to the limit for one (1) person, in the amount of
9 fifty thousand dollars ($50,000) because of bodily injury to or death of two
10 (2) or more persons in any one (1) accident, and in the amount of fifteen
11 thousand dollars ($15,000) because of injury to or destruction of property of
12 others in any one (1) accident.
13 (19) "Proper authority" means a public highway agency.
14 (20) "Public highway agency" means the state transportation department,
15 any city, county, highway district or any other state agency which has juris-
16 diction over public highway systems and public rights-of-way.
17 (21) "Public right-of-way" means a right-of-way open to the public and
18 under the jurisdiction of a public highway agency, where the public highway
19 agency has no obligation to construct or maintain said right-of-way for vehic-
20 ular traffic.
21 (22) "Public road jurisdiction" means a public highway agency.
22 (23) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho
23 Code)
24 SECTION 3. That Section 49-123, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 49-123. DEFINITIONS -- V.
27 (1) "Variable load suspension axle" means an axle or axles designed to
28 support a part of the vehicle and load and which can be regulated to vary the
29 amount of load supported by such an axle or axles and which can be deployed or
30 lifted by the operator of the vehicle. See also section 49-117, Idaho Code.
31 (a) "Fully raised" means that the variable load suspension axle is in an
32 elevated position preventing the tires on such axle from having any con-
33 tact with the roadway.
34 (b) "Fully deployed" means that the variable load suspension axle is sup-
35 porting a portion of the weight of the loaded vehicle as controlled by the
36 preset pressure regulator valve.
37 (2) "Vehicle" means:
38 (a) General. Every device in, upon, or by which any person or property is
39 or may be transported or drawn upon a highway, excepting devices used
40 exclusively upon stationary rails or tracks.
41 (b) Authorized emergency vehicle. Vehicles operated by any fire depart-
42 ment or law enforcement agency of the state of Idaho or any political sub-
43 division of the state, ambulances, vehicles belonging to personnel of vol-
44 untary fire departments while in performance of official duties only,
45 vehicles belonging to, or operated by EMS personnel certified or otherwise
46 recognized by the EMS bureau of the Idaho department of health and welfare
47 while in the performance of emergency medical services, sheriff's search
48 and rescue vehicles which are under the immediate supervision of the
49 county sheriff, wreckers which are engaged in motor vehicle recovery oper-
50 ations and are blocking part or all of one (1) or more lanes of traffic,
51 other emergency vehicles designated by the director of the Idaho state
52 police or vehicles authorized by the Idaho transportation board and used
53 in the enforcement of laws specified in section 40-510, Idaho Code, per-
5
1 taining to vehicles of ten thousand (10,000) pounds or greater.
2 (c) Commercial vehicle or commercial motor vehicle. For the purposes of
3 chapter 3 of this title, (driver's licenses), a motor vehicle or combina-
4 tion of motor vehicles designed or used to transport passengers or prop-
5 erty if the motor vehicle:
6 1. Has a manufacturer's gross combination weight rating (GCWR) in
7 excess of twenty-six thousand (26,000) pounds inclusive of a towed
8 unit with a manufacturer's gross vehicle weight rating (GVWR) of more
9 than ten thousand (10,000) pounds; or
10 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess
11 of twenty-six thousand (26,000) pounds; or
12 3. Is designed to transport sixteen (16) or more people, including
13 the driver; or
14 4. Is of any size and is used in the transportation of materials
15 found to be hazardous for the purposes of the hazardous material
16 transportation act and which require the motor vehicle to be
17 placarded under the hazardous materials regulations (49 CFR part 172,
18 subpart F).
19 For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis-
20 tration), a vehicle or combination of vehicles of a type used or main-
21 tained for the transportation of persons for hire, compensation or profit,
22 or the transportation of property for the owner of the vehicle, or for
23 hire, compensation, or profit, and shall include fixed load specially con-
24 structed vehicles exceeding the limits imposed by chapter 10, title 49,
25 Idaho Code, and including drilling rigs, construction, drilling and wreck-
26 er cranes, log jammers, log loaders, and similar vehicles which are nor-
27 mally operated in an overweight or oversize condition or both, but shall
28 not include those vehicles registered pursuant to sections 49-402 and
29 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor
30 vehicle used in a ridesharing arrangement that has a seating capacity for
31 not more than fifteen (15) persons, including the driver, shall not be a
32 "commercial vehicle" under the provisions of this title relating to equip-
33 ment requirements, rules of the road, or registration.
34 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer
35 or rancher, which are operated over public highways, and used exclusively
36 to transport unprocessed agricultural, dairy or livestock products raised,
37 owned and grown by the owner of the vehicle to market or place of storage;
38 and shall include the transportation by the farmer or rancher of any
39 equipment, supplies or products purchased by that farmer or rancher for
40 his own use, and used in the farming or ranching operation or used by a
41 farmer partly in transporting agricultural products or livestock from the
42 farm of another farmer that were originally grown or raised on the farm,
43 or when used partly in transporting agricultural supplies, equipment,
44 materials or livestock to the farm of another farmer for use or consump-
45 tion on the farm but not transported for hire, and shall not include vehi-
46 cles of husbandry or vehicles registered pursuant to sections 49-402 and
47 49-402A, Idaho Code.
48 (e) Foreign vehicle. Every vehicle of a type required to be registered
49 under the provisions of this title brought into this state from another
50 state, territory or country other than in the ordinary course of business
51 by or through a manufacturer or dealer and not registered in this state.
52 (f) Glider kit vehicle. Every large truck manufactured from a kit manu-
53 factured by a manufacturer of large trucks which consists of a frame, cab
54 complete with wiring, instruments, fenders and hood and front axles and
55 wheels. The "glider kit" is made into a complete assembly by the addition
6
1 of the engine, transmission, rear axles, wheels and tires.
2 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi-
3 cle which is propelled by electric power obtained from overhead trolley
4 wires but not operated upon rails, except vehicles moved solely by human
5 power, electric personal assistive mobility devices and motorized
6 wheelchairs.
7 (h) Multipurpose passenger vehicle (MPV). For the purposes of section
8 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer
9 persons which is constructed either on a truck chassis or with special
10 features for occasional off-road operation.
11 (i) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho
12 Code, (motor vehicle registration), a noncommercial vehicle shall not
13 include those vehicles required to be registered under sections 49-402 and
14 49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
15 cles which are not commercial vehicles or farm vehicles, but shall include
16 motor homes. A noncommercial vehicle shall include those vehicles having a
17 combined gross weight not in excess of sixty thousand (60,000) pounds and
18 not held out for hire, used for purposes related to private use and not
19 used in the furtherance of a business or occupation for compensation or
20 profit or for transporting goods for other than the owner.
21 (j) Passenger car. For the purposes of section 49-966, Idaho Code, a
22 motor vehicle, except a multipurpose passenger vehicle, motorcycle or
23 trailer, designed to carry ten (10) or fewer persons.
24 (k) Reconstructed or repaired vehicle. Every vehicle that has been
25 rebuilt or repaired using like make and model parts and visually appears
26 as a vehicle that was originally constructed under a distinctive manufac-
27 turer. This includes a salvage vehicle which is damaged to the extent that
28 a "reconstructed vehicle" or "repaired vehicle" brand is required, and
29 other vehicles which have been reconstructed by the use of a kit designed
30 to be used to construct an exact replica of a vehicle which was previously
31 constructed under a distinctive name, make, model or type by a generally
32 recognized manufacturer of vehicles. A glider kit vehicle is not a recon-
33 structed vehicle.
34 (l) Salvage vehicle. Any vehicle for which a salvage certificate, salvage
35 bill of sale or other documentation showing evidence that the vehicle has
36 been declared salvage or which has been damaged to the extent that the
37 owner, or an insurer, or other person acting on behalf of the owner,
38 determines that the cost of parts and labor minus the salvage value makes
39 it uneconomical to repair or rebuild. When an insurance company has paid
40 money or has made other monetary settlement as compensation for a total
41 loss of any motor vehicle, such motor vehicle shall be considered to be a
42 salvage vehicle.
43 (m) Specially constructed vehicle. Every vehicle of a type required to be
44 registered not originally constructed under a distinctive name, make,
45 model or type by a generally recognized manufacturer of vehicles and not
46 materially altered from its original construction and cannot be visually
47 identified as a vehicle produced by a particular manufacturer. This
48 includes:
49 1. A vehicle that has been structurally modified so that it does not
50 have the same appearance as a similar vehicle from the same manufac-
51 turer; or
52 2. A vehicle that has been constructed entirely from homemade parts
53 and materials not obtained from other vehicles; or
54 3. A vehicle that has been constructed by using major component
55 parts from one (1) or more manufactured vehicles and cannot be iden-
7
1 tified as a specific make or model; or
2 4. A vehicle constructed by the use of a custom kit that cannot be
3 visually identified as a specific make or model.
4 (n) Total loss vehicle. Every vehicle that is deemed to be uneconomical
5 to repair due to scrapping, dismantling or destruction. A total loss shall
6 occur when an insurance company or any other person pays or makes other
7 monetary settlement to the owner when it is deemed to be uneconomical to
8 repair the damaged vehicle. The compensation for total loss as defined
9 herein shall not include payments by an insurer or other person for medi-
10 cal care, bodily injury, vehicle rental or for anything other than the
11 amount paid for the actual damage to the vehicle.
12 (3) "Vehicle identification number." (See "Identifying number," section
13 49-110, Idaho Code)
14 (4) "Vehicle salesman" means any person who, for a salary, commission or
15 compensation of any kind, is employed either directly or indirectly, or regu-
16 larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
17 tiate for the sale, purchase or exchange of vehicles. (See also "full-time
18 salesman," section 49-107, Idaho Code, and "part-time salesman," section
19 49-117, Idaho Code)
20 (5) "Vessel." (See section 67-7003, Idaho Code)
21 (6) "Veteran." (See section 65-509, Idaho Code)
22 (7) "Violation" means a conviction of a misdemeanor charge involving a
23 moving traffic violation, or an admission or judicial determination of the
24 commission of an infraction involving a moving traffic infraction, except
25 bicycle infractions.
26 SECTION 4. That Section 49-605, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 49-605. DRIVING UPON SIDEWALK. No person shall drive any vehicle upon a
29 sidewalk or sidewalk area except upon a permanent or temporary driveway. This
30 section shall not apply to any vehicle moved exclusively by human power, an
31 electric personal assistive mobility device nor to any motorized wheelchair.
32 SECTION 5. That Section 49-721, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 49-721. BICYCLES ON SIDEWALKS. (1) A person operating a bicycle upon and
35 along a sidewalk, or across a highway upon and along a crosswalk, shall yield
36 the right-of-way to any pedestrian, and shall give an audible signal before
37 overtaking and passing a pedestrian or another bicyclist.
38 (2) A person shall not operate a bicycle along and upon a sidewalk or
39 across a highway upon and along a crosswalk, where the use of bicycles is pro-
40 hibited by official traffic control devices.
41 (3) A person operating a vehicle by human power, or operating a motorized
42 wheelchair or an electric personal assistive mobility device upon and along a
43 sidewalk, or across a highway upon and along a crosswalk, shall have all the
44 rights and duties applicable to a pedestrian under the same circumstances.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Frasure
Seconded by Thorne
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 550
1 AMENDMENT TO SECTION 4
2 On page 7 of the printed bill, in line 31, following "wheelchair." insert:
3 "For the purposes of assuring the safety of pedestrians and others using side-
4 walks, a political subdivision having jurisdiction over sidewalks may, by
5 ordinance or by traffic control device, regulate the time, place and manner of
6 the operation of electric personal assistive mobility devices.".
7 CORRECTION TO TITLE
8 On page 1, in line 10, following "SIDEWALK" insert: "AND TO AUTHORIZE REG-
9 ULATION BY POLITICAL SUBDIVISIONS".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 550, As Amended in the Senate
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-106, IDAHO CODE, TO DEFINE
3 "ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE" AND TO MAKE TECHNICAL COR-
4 RECTIONS; AMENDING SECTION 49-117, IDAHO CODE, TO EXPAND THE DEFINITION OF
5 "PEDESTRIAN" TO INCLUDE A PERSON WHO OPERATES AN ELECTRIC PERSONAL
6 ASSISTIVE MOBILITY DEVICE; AMENDING SECTION 49-123, IDAHO CODE, TO REVISE
7 THE DEFINITION OF "MOTOR VEHICLE" TO PROVIDE THAT AN ELECTRIC PERSONAL
8 ASSISTIVE MOBILITY DEVICE IS NOT A MOTOR VEHICLE; AMENDING SECTION 49-605,
9 IDAHO CODE, TO PROVIDE THAT AN ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE
10 MAY BE USED UPON A SIDEWALK AND TO AUTHORIZE REGULATION BY POLITICAL SUB-
11 DIVISIONS; AND AMENDING SECTION 49-721, IDAHO CODE, TO PROVIDE THAT A PER-
12 SON OPERATING A MOTORIZED WHEELCHAIR OR AN ELECTRIC PERSONAL ASSISTIVE MO-
13 BILITY DEVICE UPON A SIDEWALK SHALL HAVE ALL THE RIGHTS AND DUTIES APPLI-
14 CABLE TO A PEDESTRIAN UNDER THE SAME CIRCUMSTANCES.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 49-106, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 49-106. DEFINITIONS -- E.
19 (1) "Electric personal assistive mobility device" means a self-balancing
20 two (2) nontandem wheeled device designed to transport only one (1) person,
21 with an electric propulsion system that limits the maximum speed of the device
22 to fifteen (15) miles per hour or less.
23 (2) "Emergency vehicle." (See "Vehicle"," section 49-123, Idaho Code)
24 (23) "Encumbrance." (See "Lien"," section 49-113, Idaho Code)
25 (34) "EPA" means the environmental protection agency of the United
26 States.
27 (45) "Essential parts" means all integral and body parts of a vehicle of
28 a type required to be registered, the removal, alteration or substitution of
29 which would tend to conceal the identity of the vehicle or substantially alter
30 its appearance, model, type or mode of operation.
31 (56) "Established place of business" means a place occupied either con-
32 tinuously or at regular periods by a dealer or manufacturer where his books
33 and records are kept and a large share of his business is transacted.
34 (67) "Excessive" or "unusual noise" means any sound made by a passenger
35 motor vehicle or a motorcycle at any time under any condition of grade, speed,
36 acceleration or deceleration, which exceeds ninety-two (92) decibels, or any
37 lower decibel level that is fixed by law or rules adopted by the board of
38 health and welfare, on the "A" scale of a general radio company No. 1551-B
39 sound level meter, or equivalent, stationed at a distance of not less than
40 twenty (20) feet to the side of a vehicle or motorcycle as the vehicle or
41 motorcycle passes the soundmeter or is stationed not less than twenty (20)
42 feet from a stationary motor or engine.
43 (78) "Excessive speed" means any speed of fifteen (15) miles per hour or
2
1 more above the posted speed limit, and is only for purposes of determining
2 disqualification of commercial driving privileges.
3 (89) "Executive head," as used in chapter 20, title 49, Idaho Code, means
4 the governor of the state of Idaho.
5 (910) "Explosives" means any chemical compound or mechanical mixture that
6 is commonly used or intended for the purpose of producing an explosion and
7 which contains any oxidizing and combustive units or other ingredients in pro-
8 portions, quantities or packing that an ignition by fire, by friction, by con-
9 cussion, by percussion or by detonator of any part of the compound or mixture
10 may cause a sudden generation of highly heated gases with which the resultant
11 gaseous pressures are capable of producing destructive effects on contiguous
12 objects or of destroying life or limb.
13 (101) "Extraordinary circumstances" means any situation where an emergency
14 exists or public safety is endangered, or any situation in which a vehicle:
15 (a) Is blocking or impeding traffic; or
16 (b) Is causing a hazard; or
17 (c) Has the potential of impeding any emergency vehicle; or
18 (d) Is impeding any snow removal or other road maintenance operation; or
19 (e) Has been stolen but not yet reported as recovered; or
20 (f) Is not registered, or displays a license plate registration tag which
21 has been expired.
22 SECTION 2. That Section 49-117, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-117. DEFINITIONS -- P.
25 (1) "Park" or "parking" means the standing of a vehicle, whether occupied
26 or not, other than temporarily for the purpose of and while actually engaged
27 in loading or unloading property or passengers.
28 (2) "Park trailer." (See "Trailer," section 49-121, Idaho Code)
29 (3) "Part-time salesman" means any person employed as a vehicle salesman
30 on behalf of a dealer less than thirty (30) hours per week.
31 (4) "Peace officer." (See section 19-5101(d), Idaho Code)
32 (5) "Pedestrian" means any person afoot and any person operating a wheel-
33 chair or a motorized wheelchair or an electric personal assistive mobility
34 device.
35 (6) "Pedestrian path" means any path, sidewalk or way set-aside and used
36 exclusively by pedestrians.
37 (7) (a) "Person" means every natural person, firm, fiduciary, copartner-
38 ship, association, corporation, trustee, receiver or assignee for the ben-
39 efit of creditors, political subdivision, state or federal governmental
40 department, agency, or instrumentality, and for the purposes of chapter 22
41 of this title shall include a private, common or contract carrier operat-
42 ing a vehicle on any highway of this state.
43 (b) "Person with a disability" means:
44 (i) A person who is unable to walk two hundred (200) feet or more
45 unassisted by another person;
46 (ii) A person who is unable to walk two hundred (200) feet or more
47 without the aid of a walker, cane, crutches, braces, prosthetic
48 device or a wheelchair; or
49 (iii) A person who is unable to walk two hundred (200) feet or more
50 without great difficulty or discomfort due to the following impair-
51 ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
52 order, blindness, or the loss of function or absence of a limb.
53 (iv) For the purposes of chapters 3 and 4 of this title, a person
3
1 with a permanent disability is one whose physician certifies that the
2 person qualifies as a person with a disability pursuant to this sub-
3 section (7)(b), and further certifies that there is no expectation
4 for a fundamental or marked change in the person's condition at any
5 time in the future.
6 (8) "Personal information" means information that identifies an individ-
7 ual, including an individual's photograph or computerized image, social secu-
8 rity number, driver identification number, name, address, telephone number,
9 and medical or disability information, but does not include information on
10 vehicular accidents, driving or equipment-related violations, the five-digit
11 zip code of the person's address, or status of the driver's license or motor
12 vehicle registration.
13 (9) "Pneumatic tire." (See "Tires," section 49-121, Idaho Code)
14 (10) "Pole trailer." (See "Trailer," section 49-121, Idaho Code)
15 (11) "Possessory lien" means a lien dependent upon possession for compen-
16 sation to which a person is legally entitled for making repairs or performing
17 labor upon, and furnishing supplies or materials for, and for the towing,
18 storage, repair, or safekeeping of, any vehicle of a type subject to registra-
19 tion.
20 (12) "Possessory lienholder" means any person claiming a lien, that lien
21 claimed to have accrued on a basis of services rendered to the vehicle which
22 is the subject of the lien.
23 (13) "Preceding year" means, for the purposes of section 49-435, Idaho
24 Code, a period of twelve (12) consecutive months fixed by the department,
25 prior to July 1 of the year immediately preceding the commencement of the reg-
26 istration or license year for which proportional registration is sought. The
27 department in fixing the period shall make it conform to the terms, conditions
28 and requirements of any applicable agreement or arrangement for the propor-
29 tional registration of vehicles.
30 (14) "Pressure regulator valve" means a device or system which governs the
31 load distribution and controls the weight borne by a variable load suspension
32 axle in accordance with a predetermined valve setting.
33 (15) "Principal place of business" means an enclosed commercial structure
34 located within the state, easily accessible and open to the public at all rea-
35 sonable times, with an improved display area large enough to display five (5)
36 or more vehicles of the type the dealer is licensed to sell, immediately
37 adjoining the building, and at which the business of a dealer, including the
38 display and repair of vehicles, may be lawfully carried on in accordance with
39 the terms of all applicable building codes, zoning and other land-use regula-
40 tory ordinances, and in which building the public shall be able to contact the
41 dealer or his salesmen in person or by telephone at all reasonable times, and
42 at which place of business shall be kept and maintained the books, records and
43 files necessary to conduct the business. The principal place of business shall
44 display an exterior sign permanently affixed to the land or building, with
45 letters clearly visible to the major avenue of traffic. In no event shall a
46 room or rooms in a hotel, rooming house, or apartment house building or a part
47 of any single or multiple unit dwelling house be considered a "principal place
48 of business" within the terms and provisions of this title unless the entire
49 ground floor of that hotel, apartment house, or rooming house building or
50 dwelling house be devoted principally to and occupied for commercial purposes,
51 and the office or offices of the dealer be located on the ground floor.
52 (16) "Private property open to the public" means real property not owned
53 by the federal government or the state of Idaho or any of its political subdi-
54 visions, but is available for vehicular traffic or parking by the general pub-
55 lic with the permission of the owner or agent of the real property.
4
1 (17) "Private road" means every way or place in private ownership and
2 used for vehicular travel by the owner and those having express or implied
3 permission from the owner, but not by other persons.
4 (18) "Proof of financial responsibility" means proof of ability to
5 respond in damages for liability, on account of accidents occurring subsequent
6 to the effective date of the proof, arising out of the ownership, maintenance
7 or use of a motor vehicle, in the amount of twenty-five thousand dollars
8 ($25,000) because of bodily injury to or death of one (1) person in any one
9 (1) accident, and, subject to the limit for one (1) person, in the amount of
10 fifty thousand dollars ($50,000) because of bodily injury to or death of two
11 (2) or more persons in any one (1) accident, and in the amount of fifteen
12 thousand dollars ($15,000) because of injury to or destruction of property of
13 others in any one (1) accident.
14 (19) "Proper authority" means a public highway agency.
15 (20) "Public highway agency" means the state transportation department,
16 any city, county, highway district or any other state agency which has juris-
17 diction over public highway systems and public rights-of-way.
18 (21) "Public right-of-way" means a right-of-way open to the public and
19 under the jurisdiction of a public highway agency, where the public highway
20 agency has no obligation to construct or maintain said right-of-way for vehic-
21 ular traffic.
22 (22) "Public road jurisdiction" means a public highway agency.
23 (23) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho
24 Code)
25 SECTION 3. That Section 49-123, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 49-123. DEFINITIONS -- V.
28 (1) "Variable load suspension axle" means an axle or axles designed to
29 support a part of the vehicle and load and which can be regulated to vary the
30 amount of load supported by such an axle or axles and which can be deployed or
31 lifted by the operator of the vehicle. See also section 49-117, Idaho Code.
32 (a) "Fully raised" means that the variable load suspension axle is in an
33 elevated position preventing the tires on such axle from having any con-
34 tact with the roadway.
35 (b) "Fully deployed" means that the variable load suspension axle is sup-
36 porting a portion of the weight of the loaded vehicle as controlled by the
37 preset pressure regulator valve.
38 (2) "Vehicle" means:
39 (a) General. Every device in, upon, or by which any person or property is
40 or may be transported or drawn upon a highway, excepting devices used
41 exclusively upon stationary rails or tracks.
42 (b) Authorized emergency vehicle. Vehicles operated by any fire depart-
43 ment or law enforcement agency of the state of Idaho or any political sub-
44 division of the state, ambulances, vehicles belonging to personnel of vol-
45 untary fire departments while in performance of official duties only,
46 vehicles belonging to, or operated by EMS personnel certified or otherwise
47 recognized by the EMS bureau of the Idaho department of health and welfare
48 while in the performance of emergency medical services, sheriff's search
49 and rescue vehicles which are under the immediate supervision of the
50 county sheriff, wreckers which are engaged in motor vehicle recovery oper-
51 ations and are blocking part or all of one (1) or more lanes of traffic,
52 other emergency vehicles designated by the director of the Idaho state
53 police or vehicles authorized by the Idaho transportation board and used
5
1 in the enforcement of laws specified in section 40-510, Idaho Code, per-
2 taining to vehicles of ten thousand (10,000) pounds or greater.
3 (c) Commercial vehicle or commercial motor vehicle. For the purposes of
4 chapter 3 of this title, (driver's licenses), a motor vehicle or combina-
5 tion of motor vehicles designed or used to transport passengers or prop-
6 erty if the motor vehicle:
7 1. Has a manufacturer's gross combination weight rating (GCWR) in
8 excess of twenty-six thousand (26,000) pounds inclusive of a towed
9 unit with a manufacturer's gross vehicle weight rating (GVWR) of more
10 than ten thousand (10,000) pounds; or
11 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess
12 of twenty-six thousand (26,000) pounds; or
13 3. Is designed to transport sixteen (16) or more people, including
14 the driver; or
15 4. Is of any size and is used in the transportation of materials
16 found to be hazardous for the purposes of the hazardous material
17 transportation act and which require the motor vehicle to be
18 placarded under the hazardous materials regulations (49 CFR part 172,
19 subpart F).
20 For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis-
21 tration), a vehicle or combination of vehicles of a type used or main-
22 tained for the transportation of persons for hire, compensation or profit,
23 or the transportation of property for the owner of the vehicle, or for
24 hire, compensation, or profit, and shall include fixed load specially con-
25 structed vehicles exceeding the limits imposed by chapter 10, title 49,
26 Idaho Code, and including drilling rigs, construction, drilling and wreck-
27 er cranes, log jammers, log loaders, and similar vehicles which are nor-
28 mally operated in an overweight or oversize condition or both, but shall
29 not include those vehicles registered pursuant to sections 49-402 and
30 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor
31 vehicle used in a ridesharing arrangement that has a seating capacity for
32 not more than fifteen (15) persons, including the driver, shall not be a
33 "commercial vehicle" under the provisions of this title relating to equip-
34 ment requirements, rules of the road, or registration.
35 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer
36 or rancher, which are operated over public highways, and used exclusively
37 to transport unprocessed agricultural, dairy or livestock products raised,
38 owned and grown by the owner of the vehicle to market or place of storage;
39 and shall include the transportation by the farmer or rancher of any
40 equipment, supplies or products purchased by that farmer or rancher for
41 his own use, and used in the farming or ranching operation or used by a
42 farmer partly in transporting agricultural products or livestock from the
43 farm of another farmer that were originally grown or raised on the farm,
44 or when used partly in transporting agricultural supplies, equipment,
45 materials or livestock to the farm of another farmer for use or consump-
46 tion on the farm but not transported for hire, and shall not include vehi-
47 cles of husbandry or vehicles registered pursuant to sections 49-402 and
48 49-402A, Idaho Code.
49 (e) Foreign vehicle. Every vehicle of a type required to be registered
50 under the provisions of this title brought into this state from another
51 state, territory or country other than in the ordinary course of business
52 by or through a manufacturer or dealer and not registered in this state.
53 (f) Glider kit vehicle. Every large truck manufactured from a kit manu-
54 factured by a manufacturer of large trucks which consists of a frame, cab
55 complete with wiring, instruments, fenders and hood and front axles and
6
1 wheels. The "glider kit" is made into a complete assembly by the addition
2 of the engine, transmission, rear axles, wheels and tires.
3 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi-
4 cle which is propelled by electric power obtained from overhead trolley
5 wires but not operated upon rails, except vehicles moved solely by human
6 power, electric personal assistive mobility devices and motorized
7 wheelchairs.
8 (h) Multipurpose passenger vehicle (MPV). For the purposes of section
9 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer
10 persons which is constructed either on a truck chassis or with special
11 features for occasional off-road operation.
12 (i) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho
13 Code, (motor vehicle registration), a noncommercial vehicle shall not
14 include those vehicles required to be registered under sections 49-402 and
15 49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
16 cles which are not commercial vehicles or farm vehicles, but shall include
17 motor homes. A noncommercial vehicle shall include those vehicles having a
18 combined gross weight not in excess of sixty thousand (60,000) pounds and
19 not held out for hire, used for purposes related to private use and not
20 used in the furtherance of a business or occupation for compensation or
21 profit or for transporting goods for other than the owner.
22 (j) Passenger car. For the purposes of section 49-966, Idaho Code, a
23 motor vehicle, except a multipurpose passenger vehicle, motorcycle or
24 trailer, designed to carry ten (10) or fewer persons.
25 (k) Reconstructed or repaired vehicle. Every vehicle that has been
26 rebuilt or repaired using like make and model parts and visually appears
27 as a vehicle that was originally constructed under a distinctive manufac-
28 turer. This includes a salvage vehicle which is damaged to the extent that
29 a "reconstructed vehicle" or "repaired vehicle" brand is required, and
30 other vehicles which have been reconstructed by the use of a kit designed
31 to be used to construct an exact replica of a vehicle which was previously
32 constructed under a distinctive name, make, model or type by a generally
33 recognized manufacturer of vehicles. A glider kit vehicle is not a recon-
34 structed vehicle.
35 (l) Salvage vehicle. Any vehicle for which a salvage certificate, salvage
36 bill of sale or other documentation showing evidence that the vehicle has
37 been declared salvage or which has been damaged to the extent that the
38 owner, or an insurer, or other person acting on behalf of the owner,
39 determines that the cost of parts and labor minus the salvage value makes
40 it uneconomical to repair or rebuild. When an insurance company has paid
41 money or has made other monetary settlement as compensation for a total
42 loss of any motor vehicle, such motor vehicle shall be considered to be a
43 salvage vehicle.
44 (m) Specially constructed vehicle. Every vehicle of a type required to be
45 registered not originally constructed under a distinctive name, make,
46 model or type by a generally recognized manufacturer of vehicles and not
47 materially altered from its original construction and cannot be visually
48 identified as a vehicle produced by a particular manufacturer. This
49 includes:
50 1. A vehicle that has been structurally modified so that it does not
51 have the same appearance as a similar vehicle from the same manufac-
52 turer; or
53 2. A vehicle that has been constructed entirely from homemade parts
54 and materials not obtained from other vehicles; or
55 3. A vehicle that has been constructed by using major component
7
1 parts from one (1) or more manufactured vehicles and cannot be iden-
2 tified as a specific make or model; or
3 4. A vehicle constructed by the use of a custom kit that cannot be
4 visually identified as a specific make or model.
5 (n) Total loss vehicle. Every vehicle that is deemed to be uneconomical
6 to repair due to scrapping, dismantling or destruction. A total loss shall
7 occur when an insurance company or any other person pays or makes other
8 monetary settlement to the owner when it is deemed to be uneconomical to
9 repair the damaged vehicle. The compensation for total loss as defined
10 herein shall not include payments by an insurer or other person for medi-
11 cal care, bodily injury, vehicle rental or for anything other than the
12 amount paid for the actual damage to the vehicle.
13 (3) "Vehicle identification number." (See "Identifying number," section
14 49-110, Idaho Code)
15 (4) "Vehicle salesman" means any person who, for a salary, commission or
16 compensation of any kind, is employed either directly or indirectly, or regu-
17 larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
18 tiate for the sale, purchase or exchange of vehicles. (See also "full-time
19 salesman," section 49-107, Idaho Code, and "part-time salesman," section
20 49-117, Idaho Code)
21 (5) "Vessel." (See section 67-7003, Idaho Code)
22 (6) "Veteran." (See section 65-509, Idaho Code)
23 (7) "Violation" means a conviction of a misdemeanor charge involving a
24 moving traffic violation, or an admission or judicial determination of the
25 commission of an infraction involving a moving traffic infraction, except
26 bicycle infractions.
27 SECTION 4. That Section 49-605, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 49-605. DRIVING UPON SIDEWALK. No person shall drive any vehicle upon a
30 sidewalk or sidewalk area except upon a permanent or temporary driveway. This
31 section shall not apply to any vehicle moved exclusively by human power, an
32 electric personal assistive mobility device nor to any motorized wheelchair.
33 For the purposes of assuring the safety of pedestrians and others using side-
34 walks, a political subdivision having jurisdiction over sidewalks may, by
35 ordinance or by traffic control device, regulate the time, place and manner of
36 the operation of electric personal assistive mobility devices.
37 SECTION 5. That Section 49-721, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 49-721. BICYCLES ON SIDEWALKS. (1) A person operating a bicycle upon and
40 along a sidewalk, or across a highway upon and along a crosswalk, shall yield
41 the right-of-way to any pedestrian, and shall give an audible signal before
42 overtaking and passing a pedestrian or another bicyclist.
43 (2) A person shall not operate a bicycle along and upon a sidewalk or
44 across a highway upon and along a crosswalk, where the use of bicycles is pro-
45 hibited by official traffic control devices.
46 (3) A person operating a vehicle by human power, or operating a motorized
47 wheelchair or an electric personal assistive mobility device upon and along a
48 sidewalk, or across a highway upon and along a crosswalk, shall have all the
49 rights and duties applicable to a pedestrian under the same circumstances.
STATEMENT OF PURPOSE
RS 11828
Relating to transportation, this legislation provides that a
person using an electric personal assistive mobility device
is, for the purposes of the motor vehicle statutes, a
pedestrian and that such devices are not a motor vehicle.
The specific type of vehicle to which this legislation
relates is the Segway Human Transporter. The Segway HT is a
two wheeled electrically powered vehicle with the two wheels
positioned side by side and a platform for the rider placed
between the wheels. The vehicle is self-balancing through a
sophisticated computer balancing system. The speed of the
vehicle is limited to 15 miles per hour or less. The United
States Postal Service is currently using the vehicle in
tests to determine whether the vehicle provides greater
delivery efficiency. Under this legislation, riders of these
vehicles would be treated as pedestrians in the same manner
as the riders of motorized wheelchairs.
This legislation would not apply to any vehicle other than
the Segway HT. As defined in the legislation, an "electric
personal assistive mobility device" is a wheeled vehicle
designed to transport only one person that self- balances on
two non-tandem wheels. Although there are a number of
vehicles, like bicycles, with two tandem wheels that could
be driven by electric motors, none of those vehicles can
self-balance. The Segway HT is the only vehicle with only
two non-tandem wheels that can self-balance.
FISCAL IMPACT
This legislation will have no fiscal impact on the State of
Idaho or local government. Because the legislation treats
the people who use the Segway HT as pedestrians, the
statutes and ordinances relating to pedestrians will apply
without alteration.
CONTACT
Mike Brassey
Hopkins, Roden, Crockett, Hansen & Hoopes, PLLC
336-7930
Statement of Purpose/Fiscal Impact H 550