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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
highways.
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
]]]] 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
2 RELATING TO MOTOR VEHICLE LAW AND NEIGHBORHOOD ELECTRIC VEHICLES; AMENDING
3 SECTION 49-105, IDAHO CODE, TO EXPAND THE DEFINITION OF "DEALER" TO
4 INCLUDE BUYING, SELLING OR EXCHANGING NEW OR USED NEIGHBORHOOD ELECTRIC
5 VEHICLES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-115, IDAHO
6 CODE, TO DEFINE "NEIGHBORHOOD ELECTRIC VEHICLE" BY REFERENCE AND TO MAKE A
7 TECHNICAL CORRECTION; AMENDING SECTION 49-123, IDAHO CODE, TO DEFINE
8 NEIGHBORHOOD ELECTRIC VEHICLES; AMENDING SECTION 49-208, IDAHO CODE, TO
9 AUTHORIZE LOCAL HIGHWAY JURISDICTIONS TO REGULATE OPERATION OF NEIGHBOR-
10 HOOD ELECTRIC VEHICLES ON HIGHWAYS WITHIN THEIR JURISDICTION, TO PROVIDE
11 AN EXCEPTION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-402,
12 IDAHO CODE, TO PROVIDE FOR REGISTRATION OF NEIGHBORHOOD ELECTRIC VEHICLES
13 AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING CHAPTER 6, TITLE 49,
14 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-663, IDAHO CODE, TO PRO-
15 VIDE FOR RESTRICTED USE OF NEIGHBORHOOD ELECTRIC VEHICLES ON STATE HIGH-
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
2
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
3
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
4
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.
5
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,
6
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.
7
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:
8
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
9
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)
10
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:
33 49-663. RESTRICTED USE OF NEIGHBORHOOD ELECTRIC VEHICLES ON STATE HIGH-
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
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
None
Contact
Name: Denise Brennan, Idaho Automobile Dealers Association
Phone: 853-4668
STATEMENT OF PURPOSE/FISCAL NOTE S 1273