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H0513.................................................by MITCHELL AND MEYER
INATTENTIVE DRIVING - Amends and adds to existing law to provide the
infraction of inattentive driving; and to provide a penalty.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 513
BY MITCHELL AND MEYER
1 AN ACT
2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-1401, IDAHO CODE, TO DELETE
3 REFERENCE TO INATTENTIVE DRIVING; AND AMENDING CHAPTER 14, TITLE 49, IDAHO
4 CODE, BY THE ADDITION OF A NEW SECTION 49-1401A, IDAHO CODE, TO PROVIDE
5 THE INFRACTION OF INATTENTIVE DRIVING AND TO PROVIDE A PENALTY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 49-1401, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-1401. RECKLESS DRIVING. (1) Any person who drives or is in actual
10 physical control of any vehicle upon a highway, or upon public or private
11 property open to public use, carelessly and heedlessly or without due caution
12 and circumspection, and at a speed or in a manner as to endanger or be likely
13 to endanger any person or property, or who passes when there is a line in his
14 lane indicating a sight distance restriction, shall be guilty of reckless
15 driving and upon conviction shall be punished as provided in subsection (2) of
16 this section.
17 (2) Every person convicted of reckless driving under this section shall
18 be punished by imprisonment in the county or municipal jail for a period of
19 not less than five (5) days nor more than ninety (90) days, or by a fine of
20 not less than twenty-five dollars ($25.00) nor more than three hundred dollars
21 ($300), or by both fine and imprisonment. On a second or subsequent conviction
22 shall be punished by imprisonment for not less than ten (10) days nor more
23 than six (6) months, or by a fine of not less than fifty dollars ($50.00) nor
24 more than three hundred dollars ($300), or by both fine and imprisonment. The
25 department shall suspend the driver's license or privileges of any such person
26 as provided in section 49-326, Idaho Code.
27 (3) Inattentive driving shall be considered a lesser offense than reck-
28 less driving and shall be applicable in those circumstances where the conduct
29 of the operator has been inattentive, careless or imprudent, in light of the
30 circumstances then existing, rather than heedless or wanton, or in those cases
31 where the danger to persons or property by the motor vehicle operator's con-
32 duct is slight.
33 SECTION 2. That Chapter 14, Title 49, Idaho Code, be, and the same is
34 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
35 ignated as Section 49-1401A, Idaho Code, and to read as follows:
36 49-1401A. INATTENTIVE DRIVING. (1) Inattentive driving shall be consid-
37 ered a lesser offense than reckless driving as provided in section 49-1401,
38 Idaho Code, and shall be applicable in those circumstances where the conduct
39 of the operator has been inattentive, careless or imprudent, in light of the
40 circumstances then existing, rather than heedless or wanton, or in those cases
41 where the danger to persons or property by the motor vehicle operator's con-
2
1 duct is slight.
2 (2) A person issued a citation pursuant to this section shall be subject
3 to a fine of ten dollars ($10.00), with five dollars ($5.00) of such fine to
4 be apportioned to the catastrophic health care cost fund, as set forth in
5 section 57-813, Idaho Code.
STATEMENT OF PURPOSE
RS 13727
This legislation would address the problem of drivers who
imperil the lives of others by driving inattentively. That would
include driving with one hand on a cell phone and other acts that
clearly impair the driver's ability to control the vehicle. A
person cited for inattentive driving could be fined $10.
FISCAL IMPACT
The legislation would increase the amount collected by the
courts for traffic violations. Half of the $10 fine would go to
the catastrophic health care fund.
Contact
Name: Rep. Mike Mitchell
Phone: 332-1000
Name: Rep. Wayne Meyer
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 513