2005 Legislation
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HOUSE BILL NO. 52 – Work zones, speed limits exceeded

HOUSE BILL NO. 52

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Bill Status



H0052.........................................by TRANSPORTATION AND DEFENSE
SPEED LIMITS - WORK ZONES - Amends existing law relating to highway
construction zones to change terminology from "construction danger zone" to
"work zone"; to provide an enhanced penalty for certain infraction
offenses; and to provide an enhanced fixed penalty for violation of work
zone speed limits.
                                                                        
01/27    House intro - 1st rdg - to printing
01/28    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 52
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HIGHWAY CONSTRUCTION DANGER ZONES; AMENDING SECTION 18-113A, IDAHO
  3        CODE, TO PROVIDE AN ENHANCED  PENALTY  FOR  CERTAIN  INFRACTION  OFFENSES;
  4        AMENDING   SECTION   49-104,   IDAHO   CODE,   TO  DELETE  THE  DEFINITION
  5        "CONSTRUCTION DANGER ZONE"; AMENDING SECTION 49-124, IDAHO CODE,  TO  PRO-
  6        VIDE  A  DEFINITION FOR "WORK ZONE" AND TO MAKE TECHNICAL CORRECTIONS; AND
  7        AMENDING SECTION 49-657, IDAHO CODE, TO PROVIDE AN ENHANCED FIXED  PENALTY
  8        FOR VIOLATION OF WORK ZONE SPEED LIMITS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 18-113A, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        18-113A.  PUNISHMENT FOR INFRACTION.  Every  offense  declared  to  be  an
 13    infraction  is  punishable only by a penalty not exceeding one hundred dollars
 14    ($100) and no imprisonment, except as  enhanced  in  accordance  with  section
 15    49-657, Idaho Code.
                                                                        
 16        SECTION  2.  That  Section  49-104, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        49-104.  DEFINITIONS -- C.
 19        (1)  "Cancellation of driver's license" means the annulment or termination
 20    by formal action of the department of a person's driver's license  because  of
 21    some  error  or  defect  in the driver's license or because the licensee is no
 22    longer entitled to the  driver's  license.  The  cancellation  of  a  driver's
 23    license is without prejudice and after compliance with requirements, the indi-
 24    vidual may apply for a new driver's license at any time after cancellation.
 25        (2)  "Caravaning"  means the transportation of any motor vehicle into, out
 26    of, or within the state operating on its own wheels or in tow for the  purpose
 27    of  sale or offer of sale by any agent, dealer, manufacturer's representative,
 28    purchaser, or prospective purchaser, regardless of residence unless the  motor
 29    vehicle  is  licensed  by  the  state  of  Idaho, or is owned by an automobile
 30    dealer, duly licensed as a dealer by this state. It shall also  be  considered
 31    as  the  transportation of property for hire by a motor vehicle upon the high-
 32    ways of this state.
 33        (3)  "Certificate of liability insurance" means a certificate of liability
 34    insurance issued by an insurance company authorized to  do  business  in  this
 35    state  or  a  certificate  of  liability insurance issued by the department of
 36    insurance which demonstrates current insurance  against  loss  resulting  from
 37    liability imposed by law for bodily injury or death or damage to property suf-
 38    fered by any person caused by accident and arising out of the operation, main-
 39    tenance  or  use  of a motor vehicle described in the certificate in an amount
 40    not less than that required by section 49-1212, Idaho Code,  and  also  demon-
 41    strates  the  current  existence  of  any other coverage required by title 41,
                                                                        
                                           2
                                                                        
  1    Idaho Code, or a certificate of self-insurance issued pursuant to law for each
  2    motor vehicle to be registered. A certificate  of  liability  insurance  shall
  3    contain the information required by the department of insurance, including the
  4    name  and  address  of the owner of the motor vehicle and a description of the
  5    motor vehicle including identification number if there is one, or a  statement
  6    that  all  vehicles  owned by a person or entity are covered by insurance, the
  7    inception date of coverage, and the name of the insurer. "Certificate of  lia-
  8    bility  insurance"  may also include the original contract of liability insur-
  9    ance or a true copy, demonstrating the  current  existence  of  the  liability
 10    insurance described above.
 11        (4)  "Certification  of safety compliance" means that a motor carrier cer-
 12    tifies as part of its registration process that it has knowledge of  the  fed-
 13    eral  regulations and rules promulgated by the Idaho transportation department
 14    and the Idaho state police applicable to motor carriers.
 15        (5)  "Commercial coach." (See section 39-4105, Idaho Code)
 16        (6)  "Commercial driver's license" means any class A, class B or  class  C
 17    driver's license as defined in section 49-105, Idaho Code.
 18        (7)  "Commercial  driver license information system (CDLIS)" is the infor-
 19    mation system established to serve as a clearinghouse for locating information
 20    related to the licensing and identification of motor vehicle drivers.
 21        (8)  "Commercial driver training school" means a business enterprise  con-
 22    ducted  by  an  individual,  association, partnership, or corporation, for the
 23    education and training of persons, either  practically  or  theoretically,  or
 24    both,  to  operate  or  drive  motor vehicles, and charging a consideration or
 25    tuition for such services.
 26        (9)  "Commercial vehicle" or "commercial motor vehicle."  (See  "Vehicle,"
 27    section 49-123, Idaho Code)
 28        (10) "Compliance  review"  means  an  on-site examination of motor carrier
 29    operations, which may be at the carrier's place of  business,  including  dri-
 30    ver's  hours of service, vehicle maintenance and inspection, driver qualifica-
 31    tions, commercial driver's  license  requirements,  financial  responsibility,
 32    accidents,  hazardous materials, and such other related safety and transporta-
 33    tion records to determine safety fitness.
 34        (11) "Construction danger zone" means a construction or  maintenance  area
 35    that  is located on or adjacent to a highway and marked by appropriate warning
 36    signs.
 37        (12) "Controlled substance" means any substance so classified  under  sec-
 38    tion  102(6) of the controlled substances act (21 U.S.C. 802(6)), and includes
 39    all substances listed on schedules I through V, of 21, CFR part 1308, as  they
 40    may be revised from time to time.
 41        (132) "Conviction"  means  the  person  has  pled guilty or has been found
 42    guilty, notwithstanding the form of the judgment or withheld judgment. A  con-
 43    viction for purposes of this title shall also include an infraction judgment.
 44        (143) "Crosswalk" means:
 45        (a)  That part of a highway at an intersection included within the connec-
 46        tions of the lateral lines of the sidewalks on opposite sides of the high-
 47        way  measured from the curbs or in the absence of curbs, from the edges of
 48        the traversable highway; and in the absence of a sidewalk on one  side  of
 49        the  highway,  that part of a highway included within the extension of the
 50        lateral lines of the existing sidewalk at right angles to the centerline.
 51        (b)  Any portion of a highway at an intersection or  elsewhere  distinctly
 52        indicated  for  pedestrian crossing by lines or other markings on the sur-
 53        face.
                                                                        
 54        SECTION 3.  That Section 49-124, Idaho Code, be, and the  same  is  hereby
                                                                        
                                           3
                                                                        
  1    amended to read as follows:
                                                                        
  2        49-124.  DEFINITIONS -- W.
  3        (1)  "Wheelchair,   motorized."   (See  "Motorized  Wwheelchair,"  section
  4    49-114, Idaho Code)
  5        (2)  "Wholesaler" means a dealer who sells used vehicles to Idaho dealers.
  6        (3)  "Work zone" means a construction or maintenance area that is  located
  7    on or adjacent to a highway and marked by appropriate warning signs.
  8        (4)  "Wrecker"  means a motor vehicle designed and used primarily for tow-
  9    ing other vehicles that may be disabled. A wrecker engaged in a motor  vehicle
 10    recovery  operation and which is blocking part or all of one (1) or more lanes
 11    of traffic shall be designated an emergency vehicle.
                                                                        
 12        SECTION 4.  That Section 49-657, Idaho Code, be, and the  same  is  hereby
 13    amended to read as follows:
                                                                        
 14        49-657.  CONSTRUCTION  DANGER  WORK  ZONE  SPEED LIMITS -- PENALTY. (1) No
 15    person shall operate a vehicle in excess of the  posted  maximum  speed  limit
 16    established  for a highway construction danger work zone when the construction
 17    danger work zone is designated by appropriately placed signs indicating:  con-
 18    struction  danger  the  work  zone;  the reduced speed limit; and notice of an
 19    enhanced penalty for exceeding the reduced speed limit.
 20        (2)  Violation of the provisions of this section shall  be  an  infraction
 21    punishable  by a fixed penalty of fifty dollars ($50.00) which shall be double
 22    the fixed penalty established for  speeding  traffic  violations  under  Idaho
 23    infraction rule 9(b)(4) of the Idaho court rules.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                           RS 14442C1

This proposed legislation amends Sections 18-113A, 49-104, 49-124,
and 49-657, Idaho Code, to remove the term "CONSTRUCTION DANGER
ZONE" and replace it with "work zone" and to provide for a fixed
penalty that is double the fixed penalty established for speeding
traffic infractions under Idaho Infraction Rule 9(b)(4). Section
49-657, Idaho Code is being interpreted as requiring the
installation of signs with the non-standard logo "CONSTRUCTION
DANGER ZONE" for the statute to apply. Replacing the term
"CONSTRUCTION DANGER ZONE" with "work zone" will bring the signing
into conformity with the Manual on Uniform Traffic Control Devices
(MUTCD) and standards of the Idaho Transportation Department (ITD). 


                         FISCAL  IMPACT

In work zones where the speed limit is reduced, the following sign
is currently installed: "INCREASED FINES FOR WORK ZONE SPEED
VIOLATIONS." If this proposal is adopted, this sign will require a
minor modification to change "INCREASED FINES" to "DOUBLE PENALTY."
This change will cost ITD approximately $7,000, which can be paid
from the existing operating budget.

Contact   
Name:     Lance Johnson  
Agency:   Idaho Transportation Department
Phone:    334-8557

STATEMENT OF PURPOSE/FISCAL NOTE                        H 52