2003 Legislation
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HOUSE BILL NO. 63 – All-terrain vehicle, redefined


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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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 63
                                       BY MR. SPEAKER
                      Requested by: Department of Parks and Recreation
  1                                        AN ACT
  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  the  iInternal  rRevenue
 42        cCode;
 43        (b)  Wine  of  not  less  than one-half of one per cent percent (.005%) of
  1        alcohol by volume; or
  2        (c)  Distilled spirits as defined in section 5002(a)(8), of the iInternal
  3        rRevenue cCode.
  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 with two
  7    three (23) or more four (4) tires, weighing  under  six  eight  hundred  fifty
  8    (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 of less than
 10    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:
  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 with two three (23) or more
 18        four (4) tires, weighing under six eight  hundred  fifty  (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  of  less  than
 21        seven five (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 with two
 53    three (23) or more four (4) tires,  under  six  eight  hundred  fifty  (65800)
  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  than  of
  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 / Fiscal Impact

                     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

                         FISCAL IMPACT

There is no fiscal impact from this change in ATV definition.

Name:        Rick Collignon
Agency:      Parks and Recreation, Dept. of
Phone:       208-334-4199

Statement of Purpose/Fiscal Impact                    H 6