Print Friendly 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
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
|||| 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
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
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-
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.
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
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
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
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
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
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
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,
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
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
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.
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
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-
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-
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;
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-
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
46 (c) Regulating or prohibiting processions or assemblages on the highways;
47 (d) Designating particular highways for use by traffic moving in one
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
53 (g) Restricting the use of highways as authorized in chapter 10, title
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-
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
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
None - the studies are routinely done by the state for all
posting of speed limits.
Name: Rep. Mike Moyle
Name: Rep. Leon Smith
STATEMENT OF PURPOSE/FISCAL NOTE H114