2004 Legislation
Print Friendly

SENATE BILL NO. 1273 – Electric vehicles, neighborhood


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

S1273.....................................................by TRANSPORTATION
ELECTRIC VEHICLES - Amends existing motor vehicle law to provide for the
titling and registration of neighborhood electric vehicles; and to provide
for the operation of neighborhood electric vehicles on state and local
02/04    Senate intro - 1st rdg - to printing
02/05    Rpt prt - to Transp
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 29-4-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Cameron, Compton, Darrington, Davis, Gannon, Goedde, Hill, Ingram,
      Kennedy, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Werk, Williams
      NAYS -- Calabretta, Geddes, Keough, Little
      Absent and excused -- Pearce, Sweet
    Floor Sponsor - Ingram
    Title apvd - to House
02/26    House intro - 1st rdg - to Transp

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                       IN THE SENATE
                                    SENATE BILL NO. 1273
                                BY TRANSPORTATION COMMITTEE
  1                                        AN ACT
 16        WAYS.
 17    Be It Enacted by the Legislature of the State of Idaho:
 18        SECTION 1.  That Section 49-105, Idaho Code, be, and the  same  is  hereby
 19    amended to read as follows:
 20        49-105.  DEFINITIONS -- D.
 21        (1)  "Dealer"  means  every  person  in the business of buying, selling or
 22    exchanging five (5) or more new or used vehicles,  new  or  used  neighborhood
 23    electric  vehicles,  new or used motorcycles, snow machines or motor scooters,
 24    travel trailers, all-terrain vehicles or motor homes  in  any  calendar  year,
 25    either  outright or on conditional sale, bailment, lease, chattel mortgage, or
 26    otherwise, or who has an established place of business for  the  sale,  lease,
 27    trade,  or display of these vehicles. No insurance company, bank, finance com-
 28    pany, public utilities company, or other person coming into possession of  any
 29    vehicle,  as  an incident to its regular business, who shall sell that vehicle
 30    under any contractual rights it may have, shall be considered  a  dealer.  See
 31    also "salvage pool,", section 49-120, Idaho Code.
 32        (2)  "Dealer's  selling  agreement."  (See  "Franchise,",  section 49-107,
 33    Idaho Code)
 34        (3)  "Department"  means  the  Idaho  transportation   department   acting
 35    directly  or  through its duly authorized officers and agents, except in chap-
 36    ters 6 and 9, title 49, Idaho Code, where  the  term  means  the  Idaho  state
 37    police, except as otherwise specifically provided.
 38        (4)  "Designated  family member" means the spouse, child, grandchild, par-
 39    ent, brother or sister of the owner of a vehicle dealership who, in the  event
 40    of  the  owner's  death,  is entitled to inherit the ownership interest in the
 41    dealership under the same terms of the owner's will, or who has been nominated
 42    in any other written instrument, or who, in the case of an incapacitated owner
 43    of a dealership, has been appointed by a court as the legal representative  of
  1    the dealer's property.
  2        (5)  "Director" means the director of the Idaho transportation department,
  3    except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
  4    director of the Idaho state police.
  5        (6)  "Disclose"  means to engage in any practice or conduct to make avail-
  6    able and make known personal information contained in records of  the  depart-
  7    ment  about a person to any other person, organization or entity, by any means
  8    of communication.
  9        (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
 10    the department of commercial vehicle driving privileges.
 11        (8)  "Distributor" means any person,  firm,  association,  corporation  or
 12    trust,  resident  or  nonresident,  who has a franchise from a manufacturer of
 13    vehicles to distribute vehicles in this state, and who in  whole  or  in  part
 14    sells or distributes new vehicles to dealers or who maintains distributor rep-
 15    resentatives.
 16        (9)  "Distributor  branch" means a branch office similarly maintained by a
 17    distributor for the same purposes a factory branch is maintained.
 18        (10) "Distributor representative" means  any  person,  firm,  association,
 19    corporation  or trust, and each officer and employee thereof engaged as a rep-
 20    resentative of a distributor or distributor branch of vehicles for the purpose
 21    of making or promoting the sale of vehicles, or for supervising or  contacting
 22    dealers or prospective dealers.
 23        (11) "District" means:
 24        (a)  Business district.  The territory contiguous to and including a high-
 25        way  when  within  any  six hundred (600) feet along the highway there are
 26        buildings in use for business or industrial  purposes,  including  hotels,
 27        banks  or  office  buildings, railroad stations and public buildings which
 28        occupy at least three hundred (300) feet of frontage on one side or  three
 29        hundred (300) feet collectively on both sides of the highway.
 30        (b)  Residential  district.   The  territory contiguous to and including a
 31        highway not comprising a business district when the property on the  high-
 32        way  for  a  distance  of  three hundred (300) feet or more is in the main
 33        improved with residences, or residences and buildings in use for business.
 34        (c)  Urban district. The territory contiguous to and including any highway
 35        which is built up with structures devoted to business, industry or  dwell-
 36        ing  houses.  For purposes of establishing speed limits in accordance with
 37        the provisions of section 49-654, Idaho Code, no state highway or any por-
 38        tion thereof lying within the boundaries of an urban district  is  subject
 39        to  the  limitations  which otherwise apply to nonstate highways within an
 40        urban district. Provided, this subsection shall not limit the authority of
 41        the duly elected officials of an  incorporated  city  acting  as  a  local
 42        authority  to  decrease speed limits on state highways passing through any
 43        district within the incorporated city.
 44        (12) "Documented vessel" means a vessel having a valid marine document  as
 45    a vessel of the United States.
 46        (13) "Drag  race"  means  the operation of two (2) or more vehicles from a
 47    point side by side at accelerating speeds in a competitive attempt to  outdis-
 48    tance  each  other, or the operation of one (1) or more vehicles over a common
 49    selected course, from the same point to the same point,  for  the  purpose  of
 50    comparing  the relative speeds or power of acceleration of the vehicles within
 51    a certain distance or time limit.
 52        (14) "Driver" means every person who drives or is in actual physical  con-
 53    trol of a vehicle.
 54        (15) "Driver's license" means a license or permit issued by the department
 55    or  by any other jurisdiction to an individual which authorizes the individual
  1    to operate a motor vehicle or commercial motor  vehicle  on  the  highways  in
  2    accordance with the requirements of title 49, Idaho Code.
  3        (16) "Driver's  license  -- cClasses of" are issued for the operation of a
  4    vehicle based on the size of the vehicle or the type of load and mean:
  5        (a)  Class A. This license shall be issued and valid for the operation  of
  6        any  combination of motor vehicles with a manufacturer's gross combination
  7        weight rating (GCWR) in excess of  twenty-six  thousand  (26,000)  pounds,
  8        provided  the  manufacturer's  gross  vehicle  weight rating (GVWR) of the
  9        vehicle(s) being towed is in excess of ten thousand (10,000) pounds.  Per-
 10        sons holding a valid class A license may also operate vehicles requiring a
 11        class B, C, or D license.
 12        (b)  Class  B. This license shall be issued and valid for the operation of
 13        any single vehicle with  a  manufacturer's  gross  vehicle  weight  rating
 14        (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
 15        cle  towing  a  vehicle  not  in  excess  of  ten thousand (10,000) pounds
 16        manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
 17        class B license may also operate vehicles requiring a class C license or a
 18        class D license.
 19        (c)  Class C. This license shall be issued and valid for the operation  of
 20        any single vehicle or combination of vehicles that does not meet the defi-
 21        nition  of class A or class B, as defined in this section, but that either
 22        is designed to transport sixteen (16) or more people including the driver,
 23        or is of any size which does not meet the definition of class A or class B
 24        and is used in the transportation  of  materials  found  to  be  hazardous
 25        according  to the hazardous material transportation act and which requires
 26        the motor vehicle to be placarded under the  federal  hazardous  materials
 27        regulations  49  CFR  part 172, subpart F. Persons holding a valid class C
 28        license may also operate vehicles requiring a class D license.
 29        (d)  Class D. This license shall be issued and valid for the operation  of
 30        a  motor  vehicle  that  is not a commercial vehicle as defined in section
 31        49-123, Idaho Code.
 32        (e)  "Seasonal driver's license" means a special restricted class B  or  C
 33        driver's  license  to  operate certain commercial vehicles in farm-related
 34        industries under restrictions imposed by the department. As used  in  this
 35        definition,  "farm-related  industry"  shall  mean custom harvesters, farm
 36        retail outlets  and  suppliers,  agri-chemical  businesses  and  livestock
 37        feeders.  Seasonal  driver's  licenses  are not valid for driving vehicles
 38        carrying any quantities of hazardous material requiring placarding, except
 39        for diesel fuel in quantities of one thousand  (1,000)  gallons  or  less,
 40        liquid  fertilizers,  i.e.,  plant nutrients, in vehicles or implements of
 41        husbandry with total capacities of three thousand (3,000) gallons or less,
 42        and solid fertilizers, i.e., solid plant nutrients,  that  are  not  mixed
 43        with any organic substance.
 44        (17) "Driver  record"  means  any  record that pertains to an individual's
 45    driver's license, driving permit, driving privileges, driving history, identi-
 46    fication documents or other similar credentials issued by the department.
 47        (18) "Driver's license endorsements" means special authorizations that are
 48    required to be displayed on a driver's license  which  permit  the  driver  to
 49    operate  certain  types  of commercial vehicles or commercial vehicles hauling
 50    certain types of cargo, or to operate a motorcycle.
 51        (a)  "Endorsement T -- Double/tTriple trailer" means this  endorsement  is
 52        required  on a class A, B or C license to permit the licensee to operate a
 53        vehicle authorized to tow more than one (1) trailer.
 54        (b)  "Endorsement H --  Hazardous  material"  means  this  endorsement  is
 55        required on a class A, B or C license if the driver is operating a vehicle
  1        used in the transportation of materials found to be hazardous according to
  2        the  hazardous  material  transportation  act and which requires the motor
  3        vehicle to be placarded under the federal hazardous  materials regulations
  4        49 CFR part 172, subpart F.
  5        (c)  "Endorsement P -- Passenger" means this endorsement is required on  a
  6        class  A,  B  or  C  license  to  permit the licensee to operate a vehicle
  7        designed to transport sixteen (16) or more people including the driver.
  8        (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
  9        a class A, B or C license to permit the  licensee  to  operate  a  vehicle
 10        which  is  designed  to transport any liquid or gaseous materials within a
 11        tank that is either permanently or temporarily attached  to  the  vehicle.
 12        Such  vehicles  include,  but are not limited to, cargo tanks and portable
 13        tanks, as defined in federal regulations 49 CFR part 171. This  definition
 14        does not include portable tanks having a rated capacity under one thousand
 15        (1,000) gallons.
 16        (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
 17        driver's license to permit the driver to operate a motorcycle.
 18        (19) "Driveway"  means a private road giving access from a public way to a
 19    building on abutting grounds.
 20        (20) "Dromedary tractor" means every motor vehicle designed and used  pri-
 21    marily  for  drawing  a  semitrailer and so constructed as to carry manifested
 22    cargo in addition to a part of the weight of the semitrailer.
 23        SECTION 2.  That Section 49-115, Idaho Code, be, and the  same  is  hereby
 24    amended to read as follows:
 25        49-115.  DEFINITIONS -- N.
 26        (1)  "Neighborhood  electric  vehicle."  (See  "Vehicle,"  section 49-123,
 27    Idaho Code)
 28        (2)  "Noncommercial vehicle." (See "Vehicle,", section 49-123, Idaho Code)
 29        (23)  "Nonresident" means every person who  is  not  a  resident  of  this
 30    state.
 31        (34)  "Nonresident's  operating  privilege"  means the privilege conferred
 32    upon a nonresident by the laws of this state pertaining to  the  operation  by
 33    that  person of a motor vehicle, or the use of a vehicle owned by that person,
 34    in this state.
 35        SECTION 3.  That Section 49-123, Idaho Code, be, and the  same  is  hereby
 36    amended to read as follows:
 37        49-123.  DEFINITIONS -- V.
 38        (1)  "Variable  load  suspension  axle" means an axle or axles designed to
 39    support a part of the vehicle and load and which can be regulated to vary  the
 40    amount of load supported by such an axle or axles and which can be deployed or
 41    lifted by the operator of the vehicle. See also section 49-117, Idaho Code.
 42        (a)  "Fully  raised" means that the variable load suspension axle is in an
 43        elevated position preventing the tires on such axle from having  any  con-
 44        tact with the roadway.
 45        (b)  "Fully deployed" means that the variable load suspension axle is sup-
 46        porting a portion of the weight of the loaded vehicle as controlled by the
 47        preset pressure regulator valve.
 48        (2)  "Vehicle" means:
 49        (a)  General. Every device in, upon, or by which any person or property is
 50        or  may  be  transported  or  drawn upon a highway, excepting devices used
 51        exclusively upon stationary rails or tracks.
  1        (b)  Authorized emergency vehicle. Vehicles operated by any  fire  depart-
  2        ment or law enforcement agency of the state of Idaho or any political sub-
  3        division of the state, ambulances, vehicles belonging to personnel of vol-
  4        untary  fire  departments  while  in  performance of official duties only,
  5        vehicles belonging to, or operated by EMS personnel certified or otherwise
  6        recognized by the EMS bureau of the Idaho department of health and welfare
  7        while in the performance of emergency medical services,  sheriff's  search
  8        and  rescue  vehicles  which  are  under  the immediate supervision of the
  9        county sheriff, wreckers which are engaged in motor vehicle recovery oper-
 10        ations and are blocking part or all of one (1) or more lanes  of  traffic,
 11        other  emergency  vehicles  designated  by the director of the Idaho state
 12        police or vehicles authorized by the Idaho transportation board  and  used
 13        in  the  enforcement of laws specified in section 40-510, Idaho Code, per-
 14        taining to vehicles of ten thousand (10,000) pounds or greater.
 15        (c)  Commercial vehicle or commercial motor vehicle. For the  purposes  of
 16        chapter  3 of this title, (driver's licenses), a motor vehicle or combina-
 17        tion of motor vehicles designed or used to transport passengers  or  prop-
 18        erty if the motor vehicle:
 19             1.  Has  a  manufacturer's  gross combination weight rating (GCWR) in
 20             excess of twenty-six thousand (26,000) pounds inclusive  of  a  towed
 21             unit with a manufacturer's gross vehicle weight rating (GVWR) of more
 22             than ten thousand (10,000) pounds; or
 23             2.  Has a manufacturer's gross vehicle weight rating (GVWR) in excess
 24             of twenty-six thousand (26,000) pounds; or
 25             3.  Is  designed  to transport sixteen (16) or more people, including
 26             the driver; or
 27             4.  Is of any size and is used in  the  transportation  of  materials
 28             found  to  be  hazardous  for  the purposes of the hazardous material
 29             transportation  act  and  which  require  the  motor  vehicle  to  be
 30             placarded under the hazardous materials regulations (49 CFR part 172,
 31             subpart F).
 32        For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis-
 33        tration), a vehicle or combination of vehicles of a  type  used  or  main-
 34        tained for the transportation of persons for hire, compensation or profit,
 35        or  the  transportation  of  property for the owner of the vehicle, or for
 36        hire, compensation, or profit, and shall include fixed load specially con-
 37        structed vehicles exceeding the limits imposed by chapter  10,  title  49,
 38        Idaho Code, and including drilling rigs, construction, drilling and wreck-
 39        er  cranes,  log jammers, log loaders, and similar vehicles which are nor-
 40        mally operated in an overweight or oversize condition or both,  but  shall
 41        not  include  those  vehicles  registered  pursuant to sections 49-402 and
 42        49-402A, Idaho Code, or exempted by section 49-426, Idaho  Code.  A  motor
 43        vehicle  used in a ridesharing arrangement that has a seating capacity for
 44        not more than fifteen (15) persons, including the driver, shall not  be  a
 45        "commercial vehicle" under the provisions of this title relating to equip-
 46        ment requirements, rules of the road, or registration.
 47        (d)  Farm  vehicle. A vehicle or combination of vehicles owned by a farmer
 48        or rancher, which are operated over public highways, and used  exclusively
 49        to transport unprocessed agricultural, dairy or livestock products raised,
 50        owned and grown by the owner of the vehicle to market or place of storage;
 51        and  shall  include  the  transportation  by  the farmer or rancher of any
 52        equipment, supplies or products purchased by that farmer  or  rancher  for
 53        his  own  use,  and used in the farming or ranching operation or used by a
 54        farmer partly in transporting agricultural products or livestock from  the
 55        farm  of another farmer  that were originally grown or raised on the farm,
  1        or when used partly  in  transporting  agricultural  supplies,  equipment,
  2        materials  or  livestock to the farm of another farmer for use or consump-
  3        tion on the farm but not transported for hire, and shall not include vehi-
  4        cles of husbandry or vehicles registered pursuant to sections  49-402  and
  5        49-402A, Idaho Code.
  6        (e)  Foreign  vehicle.  Every  vehicle of a type required to be registered
  7        under the provisions of this title brought into this  state  from  another
  8        state,  territory or country other than in the ordinary course of business
  9        by or through a manufacturer or dealer and not registered in this state.
 10        (f)  Glider kit vehicle. Every large truck manufactured from a  kit  manu-
 11        factured  by a manufacturer of large trucks which consists of a frame, cab
 12        complete with wiring, instruments, fenders and hood and  front  axles  and
 13        wheels.  The "glider kit" is made into a complete assembly by the addition
 14        of the engine, transmission, rear axles, wheels and tires.
 15        (g)  Motor vehicle. Every vehicle which is self-propelled and every  vehi-
 16        cle  which  is  propelled by electric power obtained from overhead trolley
 17        wires but not operated upon rails, except vehicles moved solely  by  human
 18        power,   electric   personal  assistive  mobility  devices  and  motorized
 19        wheelchairs.
 20        (h)  Multipurpose passenger vehicle (MPV). For  the  purposes  of  section
 21        49-966,  Idaho  Code,  a motor vehicle designed to carry ten (10) or fewer
 22        persons which is constructed either on a truck  chassis  or  with  special
 23        features for occasional off-road operation.
 24        (i)  Neighborhood  electric  vehicle (NEV). A self-propelled, four-wheeled
 25        motor vehicle whose speed attainable in one (1) mile is more  than  twenty
 26        (20)  miles per hour but not more than twenty-five (25) miles per hour and
 27        conforms to federal regulations under 49 CFR part 571.500 as manufactured.
 28        An NEV shall be titled, registered and insured according to  law  as  pro-
 29        vided  respectively  in  chapters  4,  5 and 12, title 49, Idaho Code, and
 30        shall only be operated by a licensed driver. Operation of an NEV on a pub-
 31        lic highway shall be allowed as provided in sections  49-208  and  49-663,
 32        Idaho Code.
 33        (j)  Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho
 34        Code,  (motor  vehicle  registration),  a  noncommercial vehicle shall not
 35        include those vehicles required to be registered under sections 49-402 and
 36        49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
 37        cles which are not commercial vehicles or farm vehicles, but shall include
 38        motor homes. A noncommercial vehicle shall include those vehicles having a
 39        combined gross weight not in excess of sixty thousand (60,000) pounds  and
 40        not  held  out  for hire, used for purposes related to private use and not
 41        used in the furtherance of a business or occupation  for  compensation  or
 42        profit or for transporting goods for other than the owner.
 43        (jk)  Passenger  car.  For  the  purposes of section 49-966, Idaho Code, a
 44        motor vehicle, except a  multipurpose  passenger  vehicle,  motorcycle  or
 45        trailer, designed to carry ten (10) or fewer persons.
 46        (kl)  Reconstructed  or  repaired  vehicle.  Every  vehicle  that has been
 47        rebuilt or repaired using like make and model parts and  visually  appears
 48        as  a vehicle that was originally constructed under a distinctive manufac-
 49        turer. This includes a salvage vehicle which is damaged to the extent that
 50        a "reconstructed vehicle" or "repaired vehicle"  brand  is  required,  and
 51        other  vehicles which have been reconstructed by the use of a kit designed
 52        to be used to construct an exact replica of a vehicle which was previously
 53        constructed under a distinctive name, make, model or type by  a  generally
 54        recognized  manufacturer of vehicles. A glider kit vehicle is not a recon-
 55        structed vehicle.
  1        (lm)  Salvage vehicle. Any vehicle for which a salvage  certificate,  sal-
  2        vage bill of sale or other documentation showing evidence that the vehicle
  3        has been declared salvage or which has been damaged to the extent that the
  4        owner,  or  an  insurer,  or  other  person acting on behalf of the owner,
  5        determines that the cost of parts and labor minus the salvage value  makes
  6        it  uneconomical  to repair or rebuild. When an insurance company has paid
  7        money or has made other monetary settlement as compensation  for  a  total
  8        loss  of any motor vehicle, such motor vehicle shall be considered to be a
  9        salvage vehicle.
 10        (mn)  Specially constructed vehicle. Every vehicle of a type  required  to
 11        be  registered  not originally constructed under a distinctive name, make,
 12        model or type by a generally recognized manufacturer of vehicles  and  not
 13        materially  altered  from its original construction and cannot be visually
 14        identified as a  vehicle  produced  by  a  particular  manufacturer.  This
 15        includes:
 16             1.  A vehicle that has been structurally modified so that it does not
 17             have  the same appearance as a similar vehicle from the same manufac-
 18             turer; or
 19             2.  A vehicle that has been constructed entirely from homemade  parts
 20             and materials not obtained from other vehicles; or
 21             3.  A  vehicle  that  has  been  constructed by using major component
 22             parts from one (1) or more manufactured vehicles and cannot be  iden-
 23             tified as a specific make or model; or
 24             4.  A  vehicle  constructed by the use of a custom kit that cannot be
 25             visually identified as a specific make or model.
 26        (no)  Total loss vehicle. Every vehicle that is deemed to be  uneconomical
 27        to repair due to scrapping, dismantling or destruction. A total loss shall
 28        occur  when  an  insurance company or any other person pays or makes other
 29        monetary settlement to the owner when it is deemed to be  uneconomical  to
 30        repair  the  damaged  vehicle.  The compensation for total loss as defined
 31        herein shall not include payments by an insurer or other person for  medi-
 32        cal  care,  bodily  injury,  vehicle rental or for anything other than the
 33        amount paid for the actual damage to the vehicle.
 34        (3)  "Vehicle identification number." (See "Identifying  number,"  section
 35    49-110, Idaho Code)
 36        (4)  "Vehicle  salesman" means any person who, for a salary, commission or
 37    compensation of any kind, is employed either directly or indirectly, or  regu-
 38    larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
 39    tiate  for  the  sale,  purchase or exchange of vehicles. (See also "full-time
 40    salesman," section 49-107,  Idaho  Code,  and  "part-time  salesman,"  section
 41    49-117, Idaho Code)
 42        (5)  "Vessel." (See section 67-7003, Idaho Code)
 43        (6)  "Veteran." (See section 65-509, Idaho Code)
 44        (7)  "Violation"  means  a  conviction of a misdemeanor charge involving a
 45    moving traffic violation, or an admission or  judicial  determination  of  the
 46    commission  of  an  infraction  involving  a moving traffic infraction, except
 47    bicycle infractions.
 48        SECTION 4.  That Section 49-208, Idaho Code, be, and the  same  is  hereby
 49    amended to read as follows:
 50        49-208.  POWERS  OF  LOCAL  AUTHORITIES.  (1) The provisions of this title
 51    shall not be deemed to prevent local  authorities  with  respect  to  highways
 52    under  their  jurisdiction  and  within  the reasonable exercise of the police
 53    power from:
  1        (a)  Regulating or prohibiting stopping, standing or parking;
  2        (b)  Regulating traffic by means  of  peace  officers  or  traffic-control
  3        devices;
  4        (c)  Regulating or prohibiting processions or assemblages on the highways;
  5        (d)  Designating  particular  highways  for  use  by traffic moving in one
  6        direction;
  7        (e)  Establishing speed limits for vehicles in public parks;
  8        (f)  Designating any highway as  a  through  highway  or  designating  any
  9        intersection  or  junction  of highways as a stop or yield intersection or
 10        junction;
 11        (g)  Restricting the use of highways as authorized in  chapter  10,  title
 12        49, Idaho Code;
 13        (h)  Regulating  or prohibiting the turning of vehicles or specified types
 14        of vehicles;
 15        (i)  Altering or establishing speed limits;
 16        (j)  Designating no-passing zones;
 17        (k)  Prohibiting or regulating the use of  controlled-access  highways  by
 18        any class or kind of traffic;
 19        (l)  Prohibiting or regulating the use of heavily traveled highways by any
 20        class or kind of traffic found to be incompatible with the normal and safe
 21        movement of traffic;
 22        (m)  Establishing minimum speed limits;
 23        (n)  Prohibiting  pedestrians  from  crossing a highway in a business dis-
 24        trict or any designated highway except in a crosswalk;
 25        (o)  Restricting pedestrian crossings at unmarked crosswalks;
 26        (p)  Establishing the maximum speed of vehicles on a bridge or other  ele-
 27        vated structure;
 28        (q)  Requiring written accident reports;
 29        (r)  Regulating persons propelling pushcarts;
 30        (s)  Regulating  persons  upon skates, coasters, sleds and other toy vehi-
 31        cles;
 32        (t)  Adopting and enforcing temporary or experimental regulations  as  may
 33        be necessary to cover emergencies or special conditions.;
 34        (u)  Prohibiting  drivers  of ambulances from exceeding maximum speed lim-
 35        its;
 36        (v)  Adopting such other traffic regulations as  are  specifically  autho-
 37        rized by this title;
 38        (w)  Allowing the duly elected officials of an incorporated city acting in
 39        the  capacity  as  a  local authority to establish maximum speed limits on
 40        portions of state highways, excluding  controlled  access  and  interstate
 41        highways, in residential, urban or business districts within the jurisdic-
 42        tion  of  the incorporated city, so long as the maximum speed limit estab-
 43        lished by the incorporated city is lower  than  the  maximum  speed  limit
 44        established  by  the  department  and  is intended to promote motorist and
 45        pedestrian safety;
 46        (x)  Regulating the operation of neighborhood electric vehicles on streets
 47        and highways under  their  jurisdiction,  except  that  no  local  highway
 48        authority  shall  prohibit the operation of neighborhood electric vehicles
 49        upon any roads or highways having a speed limit of twenty-five (25)  miles
 50        per hour or less.
 51        (2)  No  ordinance  or regulation enacted under paragraphs (d) through (p)
 52    of subsection (1) of this section shall  be  effective  until  traffic-control
 53    devices  giving notice of local traffic regulations are erected upon or at the
 54    entrances to the highway or part affected as may be most appropriate.
 55        (3)  No local authority shall erect or maintain any traffic-control device
  1    at any location so as to require traffic on any state highway to  stop  before
  2    entering  or  crossing any intersecting highway unless approval in writing has
  3    first been obtained from the department.
  4        (4)  Local authorities by ordinance may adopt by reference all or any part
  5    of title 49, Idaho Code, without publishing or posting in full the  provisions
  6    thereof,  provided that not less than one (1) copy is available for public use
  7    and examination in the office of the clerk.
  8        (5)  Local authorities may adopt an ordinance establishing procedures  for
  9    the  abatement and removal of abandoned, junk, dismantled or inoperative vehi-
 10    cles or their parts from private or public property, including highways,  pro-
 11    vided the  ordinance is not in conflict with the provisions of this title.
 12        SECTION  5.  That  Section  49-402, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
 14        49-402.  ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
 15    truck, each neighborhood electric vehicle and each other motor vehicle  having
 16    a  maximum  gross  weight not in excess of eight thousand (8,000) pounds shall
 17    be:
 18        Vehicles one (1) and two (2) years old ............................ $48.00
 19        Vehicles three (3) and four (4) years old ......................... $36.00
 20        Vehicles five (5) and six (6) years old ........................... $36.00
 21        Vehicles seven (7) and eight (8) years old ........................ $24.00
 22        Vehicles over eight (8) years old ................................. $24.00
 23        There shall be twelve (12) registration periods, starting in  January  for
 24    holders of validation registration stickers numbered 1, and proceeding consec-
 25    utively  through December for holders of validation registration stickers num-
 26    bered 12, each of which shall start on the first day of a calendar  month  and
 27    end  on  the last day of the twelfth month from the first day of the beginning
 28    month. Registration periods shall expire midnight on the last day of the  reg-
 29    istration  period  in  the  year  designated  by  the  validation registration
 30    sticker. The numeral digit on the validation registration stickers  shall,  as
 31    does  the  registration  card, fix the registration period under the staggered
 32    plate system of Idaho for the purpose of reregistration and notice of  expira-
 33    tion.
 34        A  vehicle  that  has once been registered for any of the above designated
 35    periods shall, upon reregistration, be registered for the period  bearing  the
 36    same  number,  and the registration card shall show and be the exclusive proof
 37    of the expiration date of registration and licensing.  Vehicles  may  be  ini-
 38    tially registered for less than a twelve (12) month period, or for more than a
 39    twelve (12) month period, and the fee prorated on a monthly basis if the frac-
 40    tional  registration tends to fulfill the purpose of the monthly series regis-
 41    tration system.
 42        (2)  For all school buses operated either by a nonprofit, nonpublic school
 43    or operated pursuant to a service contract with a school district  for  trans-
 44    porting  children  to  or  from  school  or in connection with school approved
 45    activities, the annual fee shall be twenty-four dollars ($24.00).
 46        (3)  For all motorcycles and all-terrain vehicles operated upon the public
 47    highways the annual fee shall be nine dollars ($9.00).  For  operation  of  an
 48    all-terrain  vehicle  or motorcycle off the public highways, the fee specified
 49    in section 67-7122, Idaho Code, shall be paid.  Registration  exemptions  pro-
 50    vided  in section 49-426(2) and (3), Idaho Code, apply to all-terrain vehicles
 51    and motorcycles used for the purposes described in subsections (2) and (3)  of
 52    section 49-426, Idaho Code.
 53        (4)  For  all  motor homes the fee shall be as specified in subsection (1)
  1    of this section and shall be in addition to the fees provided for  in  section
  2    49-445, Idaho Code.
  3        (5)  Registration fees shall not be subject to refund.
  4        (6)  A  financial  institution  or  repossession  service  contracted to a
  5    financial institution repossessing vehicles under  the  terms  of  a  security
  6    agreement  shall move the vehicle from the place of repossession to the finan-
  7    cial institution's place of business on a repossession plate. The repossession
  8    plate shall also be used for demonstrating the vehicle to a  prospective  pur-
  9    chaser for a period not to exceed ninety-six (96) hours. The registration fees
 10    for repossession plates shall be as required in subsection (1) of this section
 11    for  a  vehicle  one  (1) and two (2) years old. All other fees required under
 12    chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
 13    The repossession plate shall be issued on an annual basis by the department.
 14        (7)  In addition to the annual registration fee  in  this  section,  there
 15    shall  be an initial program fee of twenty-five dollars ($25.00) and an annual
 16    program fee of fifteen dollars ($15.00) for all special license plate programs
 17    for those license plates issued pursuant to sections 49-404A, 49-407,  49-408,
 18    49-409,  49-414, 49-416 and 49-418, Idaho Code. For special plates issued pur-
 19    suant to sections 49-406 and 49-406A, Idaho Code, there shall  be  an  initial
 20    program  fee  of  twenty-five  dollars  ($25.00)  but there shall be no annual
 21    renewal fee. For special plates issued pursuant to sections  49-417,  49-417A,
 22    49-417B,   49-417C,  49-418A,  49-418B,  49-418C,  49-419,  49-419A,  49-419B,
 23    49-419C, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, and 49-420E and  49-420G,
 24    Idaho  Code,  there  shall  be  an  initial program fee of thirty-five dollars
 25    ($35.00) and an annual program fee of twenty-five dollars ($25.00).  The  fees
 26    contained in this subsection shall be applicable to all new special plate pro-
 27    grams.  The  initial program fee and the annual program fee shall be deposited
 28    in the state highway account and shall be used to fund the cost of administra-
 29    tion of special license plate programs, unless otherwise specified by law.
 30        SECTION 6.  That Chapter 6, Title 49, Idaho Code,  be,  and  the  same  is
 31    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 32    ignated as Section 49-663, Idaho Code, and to read as follows:
 34    WAYS.  (1)  It  is  unlawful to operate a neighborhood electric vehicle on any
 35    state highway with a posted speed limit of over  thirty-five  (35)  miles  per
 36    hour.
 37        (2)  It is unlawful for a person operating a neighborhood electric vehicle
 38    to  cross  any  state  road  or highway with a posted speed limit greater than
 39    thirty-five (35) miles per hour, unless the crossing begins and ends on a road
 40    with a speed limit of thirty-five (35) miles per hour or less and occurs at an
 41    intersection of approximately ninety (90) degrees.
 42        (3)  It is unlawful for an operator of a neighborhood electric vehicle  to
 43    cross  an  uncontrolled  intersection  of  highways that are part of the state
 44    highway system.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                             RS 13556
The purpose of this legislation is to allow Neighborhood Electric
Vehicles to be licensed and titled for operation on certain
public roads.
                           FISCAL IMPACT
Name:    Denise Brennan, Idaho Automobile Dealers Association
Phone:   853-4668