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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
]]]] 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 area35 that is located on or adjacent to a highway and marked by appropriate warning36 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 (1 32) "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 (1 43) "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 DANGERWORK 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 dangerwork zone when the construction17 dangerwork zone is designated by appropriately placed signs indicating: con-18 struction dangerthe 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 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