2003 Legislation
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HOUSE BILL NO. 114 – Hwy, speed limits, local authority

HOUSE BILL NO. 114

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H0114............................................................by SMITH (24)
HIGHWAYS - SPEED LIMITS - Amends existing law to remove language allowing
local authorities to establish lower speed limits on certain portions of state
highways.
                                                                        
01/23    House intro - 1st rdg - to printing
01/24    Rpt prt - to Transp
01/29    Rpt out - rec d/p - to 2nd rdg
01/30    2nd rdg - to 3rd rdg
02/10    Ret'd 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. 114
                                                                        
                                       BY SMITH (24)
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-105,  IDAHO  CODE,  TO  REMOVE
  3        LANGUAGE  REFERENCING  THE AUTHORITY OF DULY ELECTED OFFICIALS OF INCORPO-
  4        RATED CITIES TO DECREASE SPEED LIMITS ON  CERTAIN  HIGHWAYS  AND  TO  MAKE
  5        TECHNICAL CORRECTIONS; AMENDING SECTION 49-201, IDAHO CODE, TO REMOVE LAN-
  6        GUAGE  REFERENCING  THE AUTHORITY OF THE BOARD IN RELATION TO DULY ELECTED
  7        OFFICIALS OF INCORPORATED CITIES REGARDING DECREASING SPEED LIMITS ON CER-
  8        TAIN HIGHWAYS; AMENDING SECTION 49-202, IDAHO  CODE,  TO  REMOVE  LANGUAGE
  9        PROVIDING  FOR THE PLACEMENT AND MAINTENANCE OF TRAFFIC CONTROL DEVICES BY
 10        LOCAL AUTHORITIES AND THE AUTHORITY OF INCORPORATED CITIES  TO  SET  LOWER
 11        SPEED  LIMITS ON CERTAIN HIGHWAYS; AMENDING SECTION 49-207, IDAHO CODE, TO
 12        REMOVE LANGUAGE REFERENCING THE AUTHORITY OF  DULY  ELECTED  OFFICIALS  OF
 13        INCORPORATED  CITIES  TO IMPOSE LOWER SPEED LIMITS ON CERTAIN HIGHWAYS, TO
 14        PROVIDE THAT ALTERATIONS OF MAXIMUM LIMITS ON CERTAIN  HIGHWAYS  BY  LOCAL
 15        AUTHORITIES  SHALL  NOT BE EFFECTIVE UNTIL APPROVED BY THE DEPARTMENT, AND
 16        TO REMOVE PROVISIONS  RELATING  TO  NOTICE  AND  IMPLEMENTATION  REGARDING
 17        DECREASED  SPEED LIMIT DECISIONS; AND AMENDING SECTION 49-208, IDAHO CODE,
 18        TO REMOVE LANGUAGE PROVIDING POWERS OF LOCAL AUTHORITIES RELATED TO ESTAB-
 19        LISHING MAXIMUM SPEED LIMITS ON CERTAIN HIGHWAYS AND TO MAKE  A  TECHNICAL
 20        CORRECTION.
                                                                        
 21    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 22        SECTION  1.  That  Section  49-105, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        49-105.  DEFINITIONS -- D.
 25        (1)  "Dealer" means every person in the business  of  buying,  selling  or
 26    exchanging  five  (5)  or  more new or used vehicles, new or used motorcycles,
 27    snow machines or motor scooters,  travel  trailers,  all-terrain  vehicles  or
 28    motor  homes  in  any  calendar  year, either outright or on conditional sale,
 29    bailment, lease, chattel mortgage, or otherwise, or  who  has  an  established
 30    place of business for the sale, lease, trade, or display of these vehicles. No
 31    insurance  company,  bank, finance company, public utilities company, or other
 32    person coming into possession of any vehicle, as an incident  to  its  regular
 33    business,  who  shall  sell  that  vehicle under any contractual rights it may
 34    have, shall be considered a dealer. See also "salvage pool"," section  49-120,
 35    Idaho Code.
 36        (2)  "Dealer's  selling  agreement."  (See  "Franchise","  section 49-107,
 37    Idaho Code)
 38        (3)  "Department"  means  the  Idaho  transportation   department   acting
 39    directly  or  through its duly authorized officers and agents, except in chap-
 40    ters 6 and 9, title 49, Idaho Code, where  the  term  means  the  Idaho  state
 41    police, except as otherwise specifically provided.
 42        (4)  "Designated  family member" means the spouse, child, grandchild, par-
 43    ent, brother or sister of the owner of a vehicle dealership who, in the  event
                                                                        
                                           2
                                                                        
  1    of  the  owner's  death,  is entitled to inherit the ownership interest in the
  2    dealership under the same terms of the owner's will, or who has been nominated
  3    in any other written instrument, or who, in the case of an incapacitated owner
  4    of a dealership, has been appointed by a court as the legal representative  of
  5    the dealer's property.
  6        (5)  "Director" means the director of the Idaho transportation department,
  7    except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
  8    director of the Idaho state police.
  9        (6)  "Disclose"  means to engage in any practice or conduct to make avail-
 10    able and make known personal information contained in records of  the  depart-
 11    ment about a person  to any other person, organization or entity, by any means
 12    of communication.
 13        (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
 14    the department of commercial vehicle driving privileges.
 15        (8)  "Distributor"  means  any  person,  firm, association, corporation or
 16    trust, resident or nonresident, who has a franchise  from  a  manufacturer  of
 17    vehicles  to  distribute  vehicles  in this state, and who in whole or in part
 18    sells or distributes new vehicles to dealers or who maintains distributor rep-
 19    resentatives.
 20        (9)  "Distributor branch" means a branch office similarly maintained by  a
 21    distributor for the same purposes a factory branch is maintained.
 22        (10) "Distributor  representative"  means  any  person, firm, association,
 23    corporation or trust, and each officer and employee thereof engaged as a  rep-
 24    resentative of a distributor or distributor branch of vehicles for the purpose
 25    of  making or promoting the sale of vehicles, or for supervising or contacting
 26    dealers or prospective dealers.
 27        (11) "District" means:
 28        (a)  Business district.  The territory contiguous to and including a high-
 29        way when within any six hundred (600) feet along  the  highway  there  are
 30        buildings  in  use  for business or industrial purposes, including hotels,
 31        banks or office buildings, railroad stations and  public  buildings  which
 32        occupy  at least three hundred (300) feet of frontage on one side or three
 33        hundred (300) feet collectively on both sides of the highway.
 34        (b)  Residential district.  The territory contiguous to  and  including  a
 35        highway  not comprising a business district when the property on the high-
 36        way for a distance of three hundred (300) feet or  more  is  in  the  main
 37        improved with residences, or residences and buildings in use for business.
 38        (c)  Urban district. The territory contiguous to and including any highway
 39        which  is built up with structures devoted to business, industry or dwell-
 40        ing houses. For purposes of establishing speed limits in  accordance  with
 41        the provisions of section 49-654, Idaho Code, no state highway or any por-
 42        tion  thereof  lying within the boundaries of an urban district is subject
 43        to the limitations which otherwise apply to nonstate  highways  within  an
 44        urban district. Provided, this subsection shall not limit the authority of
 45        the  duly  elected  officials  of  an  incorporated city acting as a local
 46        authority to decrease speed limits on state highways passing  through  any
 47        district within the incorporated city.
 48        (12) "Documented  vessel" means a vessel having a valid marine document as
 49    a vessel of the United States.
 50        (13) "Drag race" means the operation of two (2) or more  vehicles  from  a
 51    point  side by side at accelerating speeds in a competitive attempt to outdis-
 52    tance each other, or the operation of one (1) or more vehicles over  a  common
 53    selected  course,  from  the  same point to the same point, for the purpose of
 54    comparing the relative speeds or power of acceleration of the vehicles  within
 55    a certain distance or time limit.
                                                                        
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  1        (14) "Driver"  means every person who drives or is in actual physical con-
  2    trol of a vehicle.
  3        (15) "Driver's license" means a license or permit issued by the department
  4    or by any other jurisdiction to an individual which authorizes the  individual
  5    to  operate  a  motor  vehicle  or commercial motor vehicle on the highways in
  6    accordance with the requirements of title 49, Idaho Code.
  7        (16) "Driver's license -- cClasses of" are issued for the operation  of  a
  8    vehicle based on the size of the vehicle or the type of load and mean:
  9        (a)  Class  A. This license shall be issued and valid for the operation of
 10        any combination of motor vehicles with a manufacturer's gross  combination
 11        weight  rating  (GCWR)  in  excess of twenty-six thousand (26,000) pounds,
 12        provided the manufacturer's gross vehicle  weight  rating  (GVWR)  of  the
 13        vehicle(s)  being towed is in excess of ten thousand (10,000) pounds. Per-
 14        sons holding a valid class A license may also operate vehicles requiring a
 15        class B, C, or D license.
 16        (b)  Class B. This license shall be issued and valid for the operation  of
 17        any  single  vehicle  with  a  manufacturer's  gross vehicle weight rating
 18        (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
 19        cle towing a vehicle  not  in  excess  of  ten  thousand  (10,000)  pounds
 20        manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
 21        class B license may also operate vehicles requiring a class C license or a
 22        class D license.
 23        (c)  Class C. This license shall be issued and valid for the operation of
 24        any single vehicle or combination of vehicles that does not meet the defi-
 25        nition  of class A or class B, as defined in this section, but that either
 26        is designed to transport sixteen (16) or more people including the driver,
 27        or is of any size which does not meet the definition of class A or class B
 28        and is used in the transportation  of  materials  found  to  be  hazardous
 29        according  to the hazardous material transportation act and which requires
 30        the motor vehicle to be placarded under the  federal  hazardous  materials
 31        regulations  49  CFR  part 172, subpart F. Persons holding a valid class C
 32        license may also operate vehicles requiring a class D license.
 33        (d)  Class D. This license shall be issued and valid for the operation  of
 34        a  motor  vehicle  that  is not a commercial vehicle as defined in section
 35        49-123, Idaho Code.
 36        (e)  "Seasonal driver's license" means a special restricted class B  or  C
 37        driver's  license  to  operate certain commercial vehicles in farm-related
 38        industries under restrictions imposed by the department. As used  in  this
 39        definition,  "farm-related  industry"  shall  mean custom harvesters, farm
 40        retail outlets  and  suppliers,  agri-chemical  businesses  and  livestock
 41        feeders.  Seasonal  driver's  licenses  are not valid for driving vehicles
 42        carrying any quantities of hazardous material requiring placarding, except
 43        for diesel fuel in quantities of one thousand  (1,000)  gallons  or  less,
 44        liquid  fertilizers,  i.e.,  plant nutrients, in vehicles or implements of
 45        husbandry with total capacities of three thousand (3,000) gallons or less,
 46        and solid fertilizers, i.e., solid plant nutrients,  that  are  not  mixed
 47        with any organic substance.
 48        (17) "Driver  record"  means  any  record that pertains to an individual's
 49    driver's license, driving permit, driving privileges, driving history, identi-
 50    fication documents or other similar credentials issued by the department.
 51        (18) "Driver's license endorsements" means special authorizations that are
 52    required to be displayed on a driver's license  which  permit  the  driver  to
 53    operate  certain  types  of commercial vehicles or commercial vehicles hauling
 54    certain types of cargo, or to operate a motorcycle.
 55        (a)  "Endorsement T -- Double/triple trailer" means  this  endorsement  is
                                                                        
                                           4
                                                                        
  1        required  on a class A, B or C license to permit the licensee to operate a
  2        vehicle authorized to tow more than one (1) trailer.
  3        (b)  "Endorsement H --  Hazardous  material"  means  this  endorsement  is
  4        required on a class A, B or C license if the driver is operating a vehicle
  5        used in the transportation of materials found to be hazardous according to
  6        the  hazardous  material  transportation  act and which requires the motor
  7        vehicle to be placarded under the federal hazardous materials  regulations
  8        49 CFR part 172, subpart F.
  9        (c)  "Endorsement  P -- Passenger" means this endorsement is required on a
 10        class A, B or C license to  permit  the  licensee  to  operate  a  vehicle
 11        designed to transport sixteen (16) or more people including the driver.
 12        (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
 13        a  class  A,  B  or  C license to permit the licensee to operate a vehicle
 14        which is designed to transport any liquid or gaseous  materials  within  a
 15        tank  that  is  either permanently or temporarily attached to the vehicle.
 16        Such vehicles include, but are not limited to, cargo  tanks  and  portable
 17        tanks,  as defined in federal regulations 49 CFR part 171. This definition
 18        does not include portable tanks having a rated capacity under one thousand
 19        (1,000) gallons.
 20        (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
 21        driver's license to permit the driver to operate a motorcycle.
 22        (19) "Driveway" means a private road giving access from a public way to  a
 23    building on abutting grounds.
 24        (20) "Dromedary  tractor" means every motor vehicle designed and used pri-
 25    marily for drawing a semitrailer and so constructed  as  to  carry  manifested
 26    cargo in addition to a part of the weight of the semitrailer.
                                                                        
 27        SECTION  2.  That  Section  49-201, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        49-201.  DUTIES OF BOARD. (1) With the exception of requirements for  sec-
 30    tions  49-217  and  49-218  and  chapters 6 and 9, title 49, Idaho Code, which
 31    shall be the responsibility of the director of the  Idaho  state  police,  and
 32    section  49-447, Idaho Code, which shall be the responsibility of the director
 33    of the department of parks and recreation, the board shall adopt  and  enforce
 34    administrative  rules and may designate agencies or enter into agreements with
 35    private companies or public entities as may be necessary to carry out the pro-
 36    visions of this title. It shall also provide suitable forms for  applications,
 37    registration  cards,  vehicle  licenses, and all other forms requisite for the
 38    purpose of the provisions of this title, and shall prepay  all  transportation
 39    charges.
 40        (2)  The  board  may  enter into agreements, compacts or arrangements with
 41    other jurisdictions on behalf of Idaho for the purpose  of  conforming  proce-
 42    dures  for proportional registration of commercial vehicles and other types of
 43    reciprocal agreements. Copies of agreements, compacts or arrangements shall be
 44    placed on file in the department and the board shall, as to  all  filings  and
 45    adoption, conform with the provisions of chapter 52, title 67, Idaho Code. The
 46    board  may approve, on a case by case basis, exemption from operating fees for
 47    private nonprofit entities who are bringing public interest programs into  the
 48    state.  These  entities may not be in competition with companies who transport
 49    goods and services for hire.
 50        (3)  The board shall adopt a manual and specifications for a uniform  sys-
 51    tem  of  traffic-control  devices consistent with the provisions of this title
 52    for use upon highways within the state. The  uniform  system  shall  correlate
 53    with,  and  so  far  as  possible, conform to the system set forth in the most
                                                                        
                                           5
                                                                        
  1    recent edition of the manual on uniform traffic control  devices  for  streets
  2    and  highways  and  other  standards issued or endorsed by the federal highway
  3    administrator.
  4        (4)  Whenever the board shall determine upon the basis of  an  engineering
  5    and  traffic  investigation  that any maximum speed is greater or less than is
  6    reasonable or safe under the conditions found to exist at any intersection  or
  7    other  place  or upon any part of the state highway or interstate highway sys-
  8    tem, the board may determine and declare a reasonable and safe maximum  limit,
  9    thereat,  not exceeding a maximum limit of seventy-five (75) miles per hour on
 10    interstate highways and sixty-five (65) miles  per  hour  on  state  highways,
 11    which shall be effective when appropriate signs giving notice are erected. The
 12    speed  limit  may  be declared to be effective at all times or at the times as
 13    indicated upon the signs. Differing limits may be  established  for  different
 14    times  of  day,  different  types of vehicles, varying weather conditions, and
 15    other factors bearing on safe speeds, which shall  be  effective  when  posted
 16    upon appropriate fixed or variable signs. The authority of the board to estab-
 17    lish speed limits on state highways pursuant to this section does not restrict
 18    the  authority of the duly elected officials of an incorporated city acting in
 19    the capacity of a local authority to establish lower speed limits for portions
 20    of state highways, excluding controlled access and interstate  highways,  that
 21    pass through residential,  urban or business districts within the jurisdiction
 22    of the incorporated city, for the purpose of enhancing motorist and pedestrian
 23    safety.
 24        (5)  The board shall adopt and enforce rules as may be consistent with and
 25    necessary to determine the classification of and the basis on which fees shall
 26    be computed.
                                                                        
 27        SECTION  3.  That  Section  49-202, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        49-202.  DUTIES OF DEPARTMENT. (1) All registration and  driver's  license
 30    records  in  the  office of the department shall be public records and open to
 31    inspection by the public  during  normal  business  hours,  except  for  those
 32    records  declared  by law to be for the confidential use of the department, or
 33    those records containing personal information subject to restrictions or  con-
 34    ditions  regarding  disclosure. If the department has contracted for a service
 35    to be provided by another entity, an additional fee shall be charged  by  that
 36    contractor whether the service is rendered during normal business hours, other
 37    than normal business hours or on weekends.
 38        (2)  In  addition  to  other  fees  required by law to be collected by the
 39    department, the department shall collect the following:
 40        (a)  For certifying a  copy  of  any  record  pertaining  to  any  vehicle
 41        license, any certificate of title, or any driver's license ......... $8.00
 42        (b)  For issuing every Idaho certificate of title .................. $8.00
 43        (c)  For  furnishing  a  duplicate  copy of any Idaho certificate of title
 44        .................................................................... $8.00
 45        (d)  For issuance or transfer of every certificate of title on  a  new  or
 46        used vehicle or other titled vehicle in an expedited manner (rush titles),
 47        in addition to any other fee required by this section ............. $15.00
 48        (e)  For  recording  a transitional ownership document, in addition to any
 49        other fee required by this section ................................ $15.00
 50        (f)  For furnishing a replacement of any receipt of registration ... $3.00
 51        (g)  For furnishing copies of registration or ownership of motor  vehicles
 52        or  driver's  license  records,  per vehicle registration, accident report
 53        records, title or per driver's license record ...................... $4.00
                                                                        
                                           6
                                                                        
  1        Additional contractor fee, not to exceed ........................... $4.00
  2        (h)  For services in searching files of vehicle  or  other  registrations,
  3        vehicle titles, or driver's licenses per hour ..................... $10.00
  4        (i)  Placing  "stop"  cards  in  vehicle registration or title files, each
  5        ................................................................... $12.00
  6        (j)  For issuance of an assigned  or  replacement  vehicle  identification
  7        number (VIN) ...................................................... $10.00
  8        (k)  For  a  vehicle  identification  number (VIN) inspection whether con-
  9        ducted by a city or county peace officer or any  other  peace  officer  or
 10        designated agent of the state of Idaho, per inspection ............. $3.00
 11        (l)  For all replacement registration stickers, each ............... $1.00
 12        (m)  For  issuing  letters  of  temporary vehicle clearance to Idaho based
 13        motor carriers .................................................... $10.00
 14        (n)  For all sample license plates, each .......................... $12.00
 15        (o)  For filing release of liability statements .................... $2.00
 16        (p)  For safety and insurance programs for  each  vehicle  operated  by  a
 17        motor carrier ...................................................... $2.00
 18    A lesser amount may be set by rule of the board.
 19        (3)  The fees required in this section shall not apply when the service is
 20    furnished  to  any federal, state, county or city peace officer when such ser-
 21    vice is required in the performance of their duties as peace officers.
 22        (4)  The department may enter into agreements with  private  companies  or
 23    public  entities  to provide the services for which a fee is collected in sub-
 24    section (2)(g) of this section. Such private contractor shall collect the  fee
 25    prescribed and remit the fee to the department. The contractor shall also col-
 26    lect and retain the additional fee charged for his services.
 27        (5)  (a) The  department  shall  pay three dollars ($3.00) of the fee col-
 28        lected by a county assessor or other agent of the department  as  provided
 29        in subsection (2)(a) through (f) of this section, and four dollars ($4.00)
 30        as  provided  in subsection (2)(g) of this section, to the county assessor
 31        or sheriff of the county or agent collecting  such  fee,  which  shall  be
 32        deposited  with  the  county  treasurer and credited to the county current
 33        expense fund. The remainder of the fees collected as provided in that sub-
 34        section shall be paid by the department to the state treasurer and  placed
 35        in the state highway fund.
 36        (b)  The  fee  collected under subsection (2)(k) of this section for a VIN
 37        inspection shall be placed in the city general fund if conducted by a city
 38        peace officer, in the county current expense fund if conducted by a county
 39        peace officer, shall be retained by the special agent authorized  to  per-
 40        form  the  inspection,  or  paid  to the state treasurer and placed to the
 41        credit of the Idaho state police if conducted by the Idaho state police or
 42        in the state highway fund if conducted by the department.
 43        (c)  The fee collected under subsection (2)(p) of this section  for  motor
 44        carriers shall be paid by the department to the state treasurer and placed
 45        in  the  state  highway  fund.  The director and the director of the Idaho
 46        state police shall jointly determine the amount to be transferred from the
 47        state highway fund to the law enforcement fund for  motor  carrier  safety
 48        programs conducted by the Idaho state police pursuant to the provisions of
 49        section 67-2901A, Idaho Code.
 50        (6)  The department as often as practicable may provide to law enforcement
 51    agencies  the record of suspensions and revocations of driver licenses via the
 52    Idaho law enforcement telecommunications system (ILETS).
 53        (7)  The department shall provide the forms prescribed  in  chapter  5  of
 54    this  title,  shall  receive and file in its office in Ada county, all instru-
 55    ments required in chapter 5 of this title to be  filed  with  the  department,
                                                                        
                                           7
                                                                        
  1    shall prescribe a uniform method of numbering certificates of title, and main-
  2    tain  in  the  department  indices for such certificates of title. All indices
  3    shall be by motor or identification number and alphabetical  by  name  of  the
  4    owner.
  5        (8)  The department shall file each registration received under a distinc-
  6    tive registration number assigned to the vehicle and to the owner thereof.
  7        (9)  The  department  shall not renew a driver's license or identification
  8    card when fees required by law have not been  paid  or  where  fees  for  past
  9    periods  are  due,  owing and unpaid including insufficient fund checks, until
 10    those fees have been paid.
 11        (10) The department shall not grant the registration of a vehicle when:
 12        (a)  The applicant is not entitled to registration under the provisions of
 13        this title; or
 14        (b)  The applicant has neglected or refused to furnish the department with
 15        the information required in the appropriate form or reasonable  additional
 16        information required by the department; or
 17        (c)  The  fees  required by law have not been paid, or where fees for past
 18        registration periods are due, owing and unpaid including insufficient fund
 19        checks.
 20        (11) The department or its authorized agents have the authority to request
 21    any person, to submit to medical, vision, highway, or written examinations, to
 22    protect the safety of the public upon the  highways.  The  department  or  its
 23    authorized  agents  may  exercise such authority based upon evidence which may
 24    include, but is not limited to, observations made.
 25        (12) The department shall revoke the registration of any vehicle:
 26        (a)  Which the department shall determine is unsafe or unfit to  be  oper-
 27        ated or is not equipped as required by law;
 28        (b)  Whenever  the  person  to  whom the registration card or registration
 29        plate has been issued shall make or permit to be made any unlawful use  of
 30        the same or permit their use by a person not entitled thereto;
 31        (c)  For  any  violation of vehicle registration requirements by the owner
 32        or operator in the current or past registration periods;
 33        (d)  Whenever a motor carrier requests revocation, or whenever  an  inter-
 34        state carrier's federal operating authority has been revoked;
 35        (e)  For  failure of the owner or operator to file the reports required or
 36        nonpayment of fees assessed against the owner by the  department  pursuant
 37        to audit under the provisions of section 49-439, Idaho Code;
 38        (f)  Identified  by any city or county administering a program established
 39        by ordinance for the inspection and readjustment of motor vehicles  (which
 40        program  is  part of an approved state implementation plan adopted by both
 41        the state and federal governments under 42 USC  section  7410)  as  having
 42        failed  to  comply  with  an  ordinance  requiring  motor vehicle emission
 43        inspection and readjustment; provided that no vehicle shall be  identified
 44        to the department under this subsection (f) unless:
 45             (i)   The  city  or county certifies to the department that the owner
 46             of the motor vehicle has been given notice and  had  the  opportunity
 47             for  a  hearing  concerning  compliance  with  the  ordinance and has
 48             exhausted all remedies and appeals from  any  determination  made  at
 49             such hearing; and
 50             (ii)  The  city  or  county  reimburses the department for all direct
 51             costs associated with the registration revocation procedure.
 52        (13) The department shall not reregister or permit a vehicle to operate on
 53    a special trip permit until all fees, penalties and interest have been paid.
 54        (14) The department shall institute educational programs,  demonstrations,
 55    exhibits and displays.
                                                                        
                                           8
                                                                        
  1        (15) The department shall cancel a driver's license or identification card
  2    when  fees required by law have not been paid or where fees are due, owing and
  3    unpaid including insufficient fund checks, until those fees have been paid.
  4        (16) The department shall examine persons and vehicles by  written,  oral,
  5    vision and skills tests without compulsion except as provided by law.
  6        (17) The  department shall employ expert and special help as needed in the
  7    department.
  8        (18) The department shall  compile  accident  statistics  and  disseminate
  9    information relating to those statistics.
 10        (19) The department shall cooperate with the United States in the elimina-
 11    tion of road hazards, whether of a physical, visual or mental character.
 12        (20) The department shall place and maintain traffic-control devices, con-
 13    forming  to  the board's manual and specifications, upon all state highways as
 14    it shall deem necessary to indicate and to carry out the  provisions  of  this
 15    title  or  to regulate, warn, or guide traffic. No local authority shall place
 16    or maintain any traffic-control device upon any highway under the jurisdiction
 17    of the department except by the latter's permission,  except  where  the  duly
 18    elected  officials of an incorporated city have established speed limits lower
 19    than those set by the department on the portion of state  highways,  excluding
 20    controlled-access  and  interstate  highways,  that  pass through residential,
 21    urban or business districts within the jurisdiction of the incorporated  city.
 22    The  placement  and  maintenance  of  such a traffic-control device by a local
 23    authority shall be made according to the board's manual and specifications for
 24    a uniform system of traffic-control devices.
 25        (21) The department may conduct an investigation of any  bridge  or  other
 26    elevated structure constituting a part of a highway, and if it shall find that
 27    the  structure  cannot with safety to itself withstand vehicles traveling at a
 28    speed otherwise permissible under this title, shall determine and declare  the
 29    maximum  speed of vehicles which the structure can safely withstand, and shall
 30    cause or permit suitable signs stating the maximum speed  to  be  erected  and
 31    maintained before each end of the structure.
 32        (22) Whenever  the department shall determine on the basis of an engineer-
 33    ing and traffic investigation that slow speeds on any highway  or  part  of  a
 34    highway  impede  the normal and reasonable movement of traffic, the department
 35    may determine and declare a minimum speed limit below which  no  person  shall
 36    drive a vehicle except when necessary for safe operation or in compliance with
 37    law,  and  that limit shall be effective when posted upon appropriate fixed or
 38    variable signs, except in cases where the duly elected officials of an  incor-
 39    porated city have established speed limits lower than those set by the depart-
 40    ment on portions of state highways, excluding controlled-access and interstate
 41    highways,  that  pass  through residential, urban or business districts within
 42    the jurisdiction of the incorporated city.
 43        (23) The department shall regulate or prohibit the use of any  controlled-
 44    access highway by any class or kind of traffic which is found to be incompati-
 45    ble with the normal and safe movement of traffic.
 46        (24) The  department  shall  erect and maintain traffic-control devices on
 47    controlled-access highways on which any prohibitions are applicable.
 48        (25) Wherever a highway crosses one (1) or more railroads  at  grade,  the
 49    department  or  local  authorities within their respective jurisdictions shall
 50    place and maintain stop signs, directing  vehicular  traffic  approaching  the
 51    crossing to come to a full stop prior to entering the crossing at all railroad
 52    crossings where electric or mechanical warning signals do not exist. Placement
 53    of  these  stop  signs  shall be mandatory except when in the determination of
 54    public highway agencies the existence of stop signs at a given crossing  would
 55    constitute a greater hazard than their absence based on a recognized engineer-
                                                                        
                                           9
                                                                        
  1    ing study.
  2        Nothing  in this subsection shall be construed as granting immunity to any
  3    railroad company as to liability, if any, for an accident which might occur at
  4    a crossing where stop signs are erected and in place, but liability,  if  any,
  5    shall  be determined as provided by law. Liability on the part of governmental
  6    authorities on account of absence of any stop sign  at  a  crossing  shall  be
  7    determined as provided by law.
  8        (26) The  department  and  local  authorities  are authorized to determine
  9    those portions of any highway under their respective jurisdictions where over-
 10    taking and passing  or driving on the left side of the roadway would be  espe-
 11    cially hazardous and may by appropriate signs or markings on the roadway indi-
 12    cate  the  beginning  and end of those zones and when signs or markings are in
 13    place and clearly visible to an ordinarily observant person, every driver of a
 14    vehicle shall obey those directions.
 15        (27) The department and local authorities in  their  respective  jurisdic-
 16    tions  may in their discretion issue special permits authorizing the operation
 17    upon a highway of traction engines or  tractors  having  movable  tracks  with
 18    transverse corrugations upon the periphery of the movable tracks or farm trac-
 19    tors  or  other  farm  machinery,  the operation of which upon a highway would
 20    otherwise be prohibited under this title or title 40, Idaho Code.
 21        (28) The department and local highway authorities within their  respective
 22    jurisdictions may place official traffic-control devices prohibiting, limiting
 23    or  restricting  the  stopping, standing or parking of vehicles on any highway
 24    where such stopping, standing or parking is dangerous to those using the high-
 25    way or where the stopping, standing or parking of vehicles  unduly  interferes
 26    with the free movement of traffic thereon.
 27        (29) On  any  informational  material printed after July 1, 1995, by or at
 28    the order of the department and distributed to counties, school  districts  or
 29    individuals  for the purpose of assisting a person to successfully pass a dri-
 30    ver's license test, the department shall include material  about  the  state's
 31    open  range  law  and responsibilities, liabilities and obligations of drivers
 32    driving in the open range.
                                                                        
 33        SECTION 4.  That Section 49-207, Idaho Code, be, and the  same  is  hereby
 34    amended to read as follows:
                                                                        
 35        49-207.  MUNICIPAL  REGISTRATION  PROHIBITED  -- POWER TO ENACT REGULATORY
 36    ORDINANCES NOT ABOLISHED. (1) Authorities of counties and cities shall have no
 37    power to pass, enforce or maintain any ordinance requiring from any owner of a
 38    vehicle or any dealer to which  this  title  shall  be  applicable,  any  tax,
 39    license or permit for the free use of the public highways of a county or city,
 40    or  prohibiting  or  excluding  any  owner or dealer from the free use of such
 41    highways or excluding or prohibiting any vehicle registered in compliance with
 42    the provisions of this title from the free use of the highways.  Powers  given
 43    by general statutes to local authorities in cities to enact general ordinances
 44    applicable  equally  and  generally to all vehicles and the use of highways to
 45    bring about the orderly passage of vehicles upon certain highways in such cit-
 46    ies where the traffic is heavy and continuous, and powers given to  cities  to
 47    regulate  vehicles offered to the public for hire, or processions, assemblages
 48    or parades on the highways or in public places shall remain in full force  and
 49    effect, and all ordinances which may have been or which may be enacted in pur-
 50    suance of those powers shall remain in full force and effect. These provisions
 51    of  law  shall  not be construed to prevent cities from enacting and enforcing
 52    general ordinances prescribing additional requirements as to speed, manner  of
 53    driving, or operating vehicles on any of the highways of such cities, and pre-
                                                                        
                                           10
                                                                        
  1    scribing  other  requirements  pertaining to signals to be given by drivers or
  2    operators of motor vehicles, the carrying of lights  on  motor  vehicles,  the
  3    turning  of motor vehicles on highways, and requirements for motor vehicles in
  4    passing other vehicles and pedestrians.
  5        (2)  Whenever local authorities in their respective jurisdictions, includ-
  6    ing the duly elected officials of an incorporated city acting in the  capacity
  7    of  a  local  authority,  determine  on the basis of an engineering or traffic
  8    investigation, and the residential, urban or business  character of the neigh-
  9    borhood abutting the highway in a residential, business or urban district that
 10    the speed limit permitted under this title is greater than is  reasonable  and
 11    safe  under the  conditions found to exist upon a highway or part of a highway
 12    or because of the residential, urban or business character of the neighborhood
 13    abutting the highway in a residential, business or urban district,  the  local
 14    authority may determine and declare a reasonable and safe maximum limit which:
 15        (a)  Decreases the limit within a residential, business or urban district;
 16        or
 17        (b)  Decreases the limit outside an urban district.
 18        (3)  Local  authorities  in their respective jurisdictions shall determine
 19    by an engineering or traffic  investigation  the  proper  maximum  speed   not
 20    exceeding  a  maximum limit of sixty-five (65) miles per hour for all arterial
 21    highways and shall declare a reasonable and safe maximum limit  which  may  be
 22    greater  or  less  than the limit permitted under this title for an urban dis-
 23    trict.
 24        (4)  Any decreased speed limit established shall be effective at all times
 25    or during hours of darkness or at other times as may be determined when appro-
 26    priate signs giving notice are erected upon the highway. according to require-
 27    ments of Any alteration of maximum speed limits on state  highways  or  exten-
 28    sions  in a municipality by local authorities shall not be effective until the
 29    alteration has been approved by the department.
 30        (5)  Upon the decision of  the duly elected officials of  an  incorporated
 31    city  to  decrease the speed limit on highways within the city, excluding con-
 32    trolled access and interstate highways, the city will notify  in  writing  the
 33    local  district  office  of the department prior to implementing the change in
 34    speed limits. The department shall have thirty (30) days from the day  written
 35    notice  is  received  to assist implementation, such as providing transitional
 36    speed limit signs and taking other steps necessary to preserve public safety.
                                                                        
 37        SECTION 5.  That Section 49-208, Idaho Code, be, and the  same  is  hereby
 38    amended to read as follows:
                                                                        
 39        49-208.  POWERS  OF  LOCAL  AUTHORITIES.  (1) The provisions of this title
 40    shall not be deemed to prevent local  authorities  with  respect  to  highways
 41    under  their  jurisdiction  and  within  the reasonable exercise of the police
 42    power from:
 43        (a)  Regulating or prohibiting stopping, standing or parking;
 44        (b)  Regulating traffic by means  of  peace  officers  or  traffic-control
 45        devices;
 46        (c)  Regulating or prohibiting processions or assemblages on the highways;
 47        (d)  Designating  particular  highways  for  use  by traffic moving in one
 48        direction;
 49        (e)  Establishing speed limits for vehicles in public parks;
 50        (f)  Designating any highway as  a  through  highway  or  designating  any
 51        intersection  or  junction  of highways as a stop or yield intersection or
 52        junction;
 53        (g)  Restricting the use of highways as authorized in  chapter  10,  title
                                                                        
                                           11
                                                                        
  1        49, Idaho Code;
  2        (h)  Regulating  or prohibiting the turning of vehicles or specified types
  3        of vehicles;
  4        (i)  Altering or establishing speed limits;
  5        (j)  Designating no-passing zones;
  6        (k)  Prohibiting or regulating the use of  controlled-access  highways  by
  7        any class or kind of traffic;
  8        (l)  Prohibiting or regulating the use of heavily traveled highways by any
  9        class or kind of traffic found to be incompatible with the normal and safe
 10        movement of traffic;
 11        (m)  Establishing minimum speed limits;
 12        (n)  Prohibiting  pedestrians  from  crossing a highway in a business dis-
 13        trict or any designated highway except in a crosswalk;
 14        (o)  Restricting pedestrian crossings at unmarked crosswalks;
 15        (p)  Establishing the maximum speed of vehicles on a bridge or other  ele-
 16        vated structure;
 17        (q)  Requiring written accident reports;
 18        (r)  Regulating persons propelling pushcarts;
 19        (s)  Regulating  persons  upon skates, coasters, sleds and other toy vehi-
 20        cles;
 21        (t)  Adopting and enforcing temporary or experimental regulations  as  may
 22        be necessary to cover emergencies or special conditions.;
 23        (u)  Prohibiting  drivers  of ambulances from exceeding maximum speed lim-
 24        its; and
 25        (v)  Adopting such other traffic regulations as  are  specifically  autho-
 26        rized by this title;
 27        (w)  Allowing the duly elected officials of an incorporated city acting in
 28        the  capacity  as  a  local authority to establish maximum speed limits on
 29        portions of state highways, excluding  controlled  access  and  interstate
 30        highways, in residential, urban or business districts within the jurisdic-
 31        tion  of  the incorporated city, so long as the maximum speed limit estab-
 32        lished by the incorporated city is lower  than  the  maximum  speed  limit
 33        established  by  the  department  and  is intended to promote motorist and
 34        pedestrian safety.
 35        (2)  No ordinance or regulation enacted under paragraphs (d)  through  (p)
 36    of  subsection  (1)  of  this section shall be effective until traffic-control
 37    devices giving notice of local traffic regulations are erected upon or at  the
 38    entrances to the highway or part affected as may be most appropriate.
 39        (3)  No local authority shall erect or maintain any traffic-control device
 40    at  any  location so as to require traffic on any state highway to stop before
 41    entering or crossing any intersecting highway unless approval in  writing  has
 42    first been obtained from the department.
 43        (4)  Local authorities by ordinance may adopt by reference all or any part
 44    of  title 49, Idaho Code, without publishing or posting in full the provisions
 45    thereof, provided that not less than one (1) copy is available for public  use
 46    and examination in the office of the clerk.
 47        (5)  Local  authorities may adopt an ordinance establishing procedures for
 48    the abatement and removal of abandoned, junk, dismantled or inoperative  vehi-
 49    cles  or their parts from private or public property, including highways, pro-
 50    vided the  ordinance is not in conflict with the provisions of this title.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12674

This Legislation takes from the cities the right to overrule the
Idaho Transportation Department decision on state highway speed
limits through a community.  It returns the law to what it was
before the amendment allowing cities to reduce a highway speed
limit from the safe speed limit determined by the State Highway
safety study.
                          FISCAL IMPACT
None - the studies are routinely done by the state for all
posting of speed limits.











Contact
Name: Rep. Mike Moyle
Phone: 332-1244
Name: Rep. Leon Smith 
Phone: 332-1239





STATEMENT OF PURPOSE/FISCAL NOTE                        H114