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H0063...........................................................by MR. SPEAKER
Requested by: Department of Parks and Recreation
ALL-TERRAIN VEHICLES - Amends existing law to revise the definition of
all-terrain vehicles (ATVs) as to weight to mean any such recreational vehicle
under eight hundred pounds.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 63 BY MR. SPEAKER Requested by: Department of Parks and Recreation 1 AN ACT 2 RELATING TO ALL-TERRAIN VEHICLES; AMENDING SECTIONS 49-102 AND 63-3622R, IDAHO 3 CODE, TO REVISE THE DEFINITION OF "ALL-TERRAIN VEHICLE" OR "ATV" AND TO 4 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 67-7101, IDAHO CODE, TO 5 REVISE THE DEFINITION OF "ALL-TERRAIN VEHICLE (ATV)," TO REVISE THE DEFI- 6 NITION OF "MOTORBIKE" AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 49-102, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-102. DEFINITIONS -- A. 11 (1) "Abandon" means to leave a vehicle on private property without the 12 permission of the person having rights to the possession of the property, or 13 on a highway or other property open to the public for the purposes of vehicu- 14 lar traffic or parking, or upon or within the right-of-way of any highway, for 15 twenty-four (24) hours or longer. 16 (2) "Abandoned vehicle" means any vehicle observed by an authorized offi- 17 cer or reported by a member of the public to have been left within the limits 18 of any highway or upon the property of another without the consent of the 19 property owner for a period of twenty-four (24) hours or longer, except that a 20 vehicle shall not be considered abandoned if its owner-operator is unable to 21 remove it from the place where it is located and has notified a law enforce- 22 ment agency and requested assistance. 23 (3) "Accident" means any event that results in an unintended injury or 24 property damage attributable directly or indirectly to the motion of a motor 25 vehicle or its load, a snowmobile or special mobile equipment. 26 (4) "Actual physical control" means being in the driver's position of a 27 motor vehicle with the motor running or the vehicle moving. 28 (5) "Administrator" means the federal highway administrator, the chief 29 executive of the federal highway administration, an agency within the U.S. 30 department of transportation. 31 (6) "Age of a motor vehicle" means the age determined by subtracting the 32 manufacturer's year designation of the vehicle from the year in which the des- 33 ignated registration fee is paid. If the vehicle has the same manufacturer's 34 year designation as the year in which the fee is paid, or if a vehicle has a 35 manufacturer's year designation later than the year in which the fee is paid, 36 the vehicle shall be deemed to be one (1) year old. 37 (7) "Air-conditioning equipment" means mechanical vapor compression 38 refrigeration equipment which is used to cool the driver's or passenger com- 39 partment of any motor vehicle. 40 (8) "Alcohol or alcoholic beverage" means: 41 (a) Beer as defined in 26 U.S.C. 5052(a), of theiInternalrRevenue 42cCode; 43 (b) Wine of not less than one-half of oneper centpercent (.005%) of 2 1 alcohol by volume; or 2 (c) Distilled spirits as defined in section 5002(a)(8), of theiInternal 3rRevenuecCode. 4 (9) "Alley" means a public way of limited use intended only to provide 5 access to the rear or side of lots or buildings in urban districts. 6 (10) "All-terrain vehicle" or "ATV" means any recreation vehicle withtwo7 three (23) ormorefour (4) tires, weighing undersixeight hundredfifty8 (65800) pounds, less than forty-eight (48) inches in width, having a wheelbase 9 of fifty-two (52) inches or less, traveling on low-pressure tires ofless than10 five (5) psi or less, and designed to be ridden by one (1) person. Such vehi- 11 cles shall be registered under the provisions of section 49-402, Idaho Code, 12 for operation on public highways, unless exempted under the provisions of sec- 13 tion 49-426, Idaho Code. 14 (11) "Amateur radio operator." (See "Radio operator, amateur,",section 15 49-119, Idaho Code) 16 (12) "Ambulance" means a motor vehicle designed and used primarily for the 17 transportation of injured, sick, or deceased persons, on stretchers, cots, 18 beds, or other devices for carrying persons in a prone position. 19 (13) "Applicant" means an individual who applies to obtain, transfer, 20 upgrade, or renew a driver's license. 21 (14) "Approved driver training course" means a training course from a 22 school licensed under the provisions of chapter 21 of this title. 23 (15) "Approved testing agency" means a person, firm, association, partner- 24 ship or corporation approved by the director of the Idaho state police which 25 is: 26 (a) In the business of testing equipment and systems; 27 (b) Recognized by the director as being qualified and equipped to do 28 experimental testing; and 29 (c) Not under the jurisdiction or control of any single manufacturer or 30 supplier for an affected industry. 31 (16) "Armed forces" means the army, navy, marine corps, coast guard and 32 the air force of the United States. 33 (17) "Authorized emergency vehicle." (See "Vehicle,",section 49-123, 34 Idaho Code) 35 (18) "Authorized officer" means any member of the Idaho state police, or 36 any regularly employed and salaried deputy sheriff, or other county employee 37 designated to perform the function of removing abandoned vehicles or junk 38 vehicles by the board of county commissioners of the county in which a vehicle 39 is located, or any regularly employed and salaried city peace officer or other 40 city employee designated to perform the function of removing abandoned vehi- 41 cles or junk vehicles by the city council, or a qualified person deputized or 42 appointed by the proper authority as reserve deputy sheriff or city policeman, 43 authorized within the jurisdiction in which the abandoned vehicle or junk 44 vehicle is located. 45 (19) "Authorized transportation department employee" means any employee 46 appointed by the board to perform duties relating to enforcement of vehicle 47 laws as have been specifically defined and approved by order of the board (see 48 section 40-510, Idaho Code). 49 (20) "Auto transporter" means a vehicle combination constructed for the 50 purpose of transporting vehicles. 51 SECTION 2. That Section 63-3622R, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 63-3622R. MOTOR VEHICLES, USED MANUFACTURED HOMES, VESSELS, ALL-TERRAIN 3 1 VEHICLES, TRAILERS, OFF-ROAD MOTORCYCLES AND SNOWMOBILES. There are exempted 2 from the taxes imposed by this chapter: 3 (a) Sales to nonresidents of motor vehicles, trailers, vessels, all- 4 terrain vehicles (ATVs), motorcycles intended for off-road use and snowmo- 5 biles, for use outside of this state even though delivery be made within this 6 state, but only when: 7 (1) The motor vehicles, vessels, ATVs, motorcycles intended for off-road 8 use, snowmobiles or trailers will be taken from the point of delivery in 9 this state directly to a point outside this state; and 10 (2) The motor vehicles, vessels, ATVs, motorcycles intended for off-road 11 use, snowmobiles and trailers will be registered immediately under the 12 laws of another state, will be titled in another state if required to be 13 titled in that state, will not be used in this state more than sixty (60) 14 days in any twelve (12) month period, and will not be required to be 15 titled under the laws of this state. 16 (3) For the purpose of this subsection (a), the term "all-terrain vehi- 17 cle" or "ATV" means any recreational vehicle withtwothree (23) ormore18 four (4) tires, weighing undersixeight hundredfifty(65800) pounds, 19 less than forty-eight (48) inches in width, having a wheelbase of fifty- 20 two (52) inches or less, traveling on low-pressure tires ofless than21sevenfive (75) psi or less, and designed to be ridden by one (1) person. 22 (4) For the purpose of this section, the term "vessel" means any boat 23 intended to carry one (1) or more persons upon the water which is either: 24 (i) Sold together with a motor, or 25 (ii) Eleven (11) feet in length or more, but shall not include 26 canoes, kayaks or inflatable boats, unless such canoes, kayaks or in- 27 flatable boats are sold together with a motor. 28 (b) Sale of used manufactured homes, whether or not such used manufac- 29 tured homes are sold for use outside this state, and whether or not such used 30 manufactured homes are sold by a dealer. Every manufactured home sale after 31 its sale as a "new manufactured home," as defined in section 63-3606, Idaho 32 Code, is a sale as a used manufactured home. 33 (c) Sale or lease of motor vehicles with a maximum gross registered 34 weight over twenty-six thousand (26,000) pounds, which shall be immediately 35 registered under the international registration plan or similar proportional 36 or pro rata registration system, whether or not base plated in Idaho, and the 37 sale or lease of trailers which are part of a fleet of vehicles registered 38 under such proportional or pro rata registration system when such vehicles and 39 trailers are substantially used in interstate commerce. If such a motor vehi- 40 cle or trailer is not substantially used in interstate commerce during any 41 calendar year, it shall be deemed used in Idaho and subject to the use tax 42 under section 63-3621, Idaho Code. For the purpose of this subsection, 43 "substantially used in interstate commerce" means that the vehicles or 44 trailers will be part of a fleet with a minimum of ten percent (10%) of the 45 miles operated by the fleet accrued outside of Idaho in any calendar year. 46 (d) The use or other consumption of a motor vehicle temporarily donated 47 to a driver's education program sponsored by a nonprofit educational institu- 48 tion as defined in section 63-3622O, Idaho Code. 49 SECTION 3. That Section 67-7101, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 67-7101. DEFINITIONS. In this chapter: 52 (1) "All-terrain vehicle (ATV)" means any recreation vehicle withtwo53 three (23) ormorefour (4) tires, undersixeight hundredfifty(65800) 4 1 pounds and less than forty-eight (48) inches in width, having a wheelbase of 2 fifty-two (52) inches or less, traveling on low-pressure tires,less thanof 3 five (5) psi or less, and designed to be ridden by one (1) person. 4 (2) "Board" means the park and recreation board created under authority 5 of section 67-4221, Idaho Code. 6 (3) "Bona fide snowmobile program" means services or facilities as 7 approved by the department that will benefit snowmobilers such as snowmobile 8 trail grooming, plowing and maintaining snowmobile parking areas and facili- 9 ties, and trail signing. 10 (4) "Dealer" means any person who engages in the retail sales of or 11 rental of snowmobiles, motorbikes, or all-terrain vehicles. 12 (5) "Department" means the Idaho department of parks and recreation. 13 (6) "Designated parking area" means an area located, constructed, main- 14 tained, and signed with the approval of the land manager or owner. 15 (7) "Director" means the director of the department of parks and recre- 16 ation. 17 (8) "Highway." (See section 40-109, Idaho Code, but excepting public 18 roadway as defined in this section). 19 (9) "Motorbike" means any self-propelled two (2)or three (3)wheeled 20 motorcycle or motor-driven cycle, excluding tractor, designed for or capable 21 of traveling off developed roadways and highways and also referred to as 22 trailbikes, enduro bikes, trials bikes, motocross bikes or dual purpose motor- 23 cycles. 24 (10) "Operator" means any person who is in physical control of a 25 motorbike, all-terrain vehicle, or snowmobile. 26 (11) "Owner" means every person holding record title to a motorbike, 27 all-terrain vehicle, or snowmobile and entitled to the use or possession 28 thereof, other than a lienholder or other person having a security interest 29 only. 30 (12) "Person" means an individual, partnership, association, corporation, 31 or any other body or group of persons, whether incorporated or not, and 32 regardless of the degree of formal organization. 33 (13) "Public roadway" means all portions of any highway which are con- 34 trolled by an authority other than the Idaho transportation department. 35 (14) "Snowmobile" means any self-propelled vehicle under one thousand 36 (1,000) pounds unladened gross weight, designed primarily for travel on snow 37 or ice or over natural terrain, which may be steered by tracks, skis, or run- 38 ners, and which is not otherwise registered or licensed under the laws of the 39 state of Idaho. 40 (15) "Vendor" means any entity authorized by the department to sell recre- 41 ational registrations. 42 (16) "Winter recreational parking locations" means designated parking 43 areas established and maintained with funds acquired from the cross-country 44 skiing account.
STATEMENT OF PURPOSE
RS 12313C1
This legislation amends Sections 49-102, 63-3622R, and 67-7101 to
change the existing definition of an All Terrain Vehicle (ATV).
The overall size of the machines is getting larger and the
Department supports an increase in the maximum weight of ATV's from
650 pounds to 800 pounds. We also support clarification in the
definition of an ATV that it may have three or four wheels and have
a wheelbase of fifty-two (52) inches or less. However, the
existing 48" limitation on width and 5PSI limitation on tire
pressure need to remain unchanged. Trail systems designed to
accommodate ATV's cannot support increased vehicle width or tire
pressure.
FISCAL IMPACT
There is no fiscal impact from this change in ATV definition.
CONTACT
Name: Rick Collignon
Agency: Parks and Recreation, Dept. of
Phone: 208-334-4199
Statement of Purpose/Fiscal Impact H 6