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H0053.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - ACCIDENT - Amends existing law relating to accidents
involving damage to vehicles to provide for removal from the main traveled
portion of certain highways of inoperable vehicles, cargo and debris
involved in an accident; to provide that persons lawfully involved in the
removal shall not be liable for damage caused by removal of the motor
vehicle, cargo or debris; to require drivers of vehicles involved in
accidents which result only in damage to the vehicle and which occur on
divided, access-controlled highways or interstate highways to move the
vehicle to a safe location where it does not obstruct traffic; to provide
that drivers or other persons removing a vehicle in fulfillment of the
requirements of law shall not be liable or considered at fault regarding
the cause of the accident solely by reason of moving the vehicle; and to
provide that provisions of the sections shall not be construed to allow
interference with duties of law enforcement officers.
01/27 House intro - 1st rdg - to printing
01/28 Rpt prt - to Transp
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 61-8-1
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Crow, Deal, Denney, Ellsworth, Eskridge, Field(18), Field(23),
Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Lake, LeFavour,
Martinez, McGeachin, McKague, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- Barrett, Edmunson, Harwood, Kemp, Loertscher, Mathews,
Miller, Sali
Absent and excused -- Collins
Floor Sponsor - McKague
Title apvd - to Senate
02/15 Senate intro - 1st rdg - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 53
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO ACCIDENTS INVOLVING DAMAGE TO VEHICLES; AMENDING SECTION 49-662,
3 IDAHO CODE, TO PROVIDE FOR THE REMOVAL FROM THE MAIN-TRAVELED PART OF CER-
4 TAIN HIGHWAYS INOPERABLE VEHICLES, CARGO AND DEBRIS INVOLVED IN AN ACCI-
5 DENT, TO PROVIDE THAT PERSONS LAWFULLY INVOLVED IN THE REMOVAL SHALL NOT
6 BE LIABLE FOR DAMAGE CAUSED BY REMOVAL OF THE MOTOR VEHICLE, CARGO OR
7 DEBRIS AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT BE
8 CONSTRUED TO ALLOW INTERFERENCE WITH DUTIES OF LAW ENFORCEMENT OFFICERS;
9 AND AMENDING SECTION 49-1301, IDAHO CODE, TO REQUIRE DRIVERS OF VEHICLES
10 INVOLVED IN ACCIDENTS WHICH RESULT ONLY IN DAMAGE TO THE VEHICLE AND WHICH
11 OCCUR ON DIVIDED, ACCESS-CONTROLLED HIGHWAYS OR INTERSTATE HIGHWAYS TO
12 MOVE THE VEHICLE TO A SAFE LOCATION WHERE IT DOES NOT OBSTRUCT TRAFFIC, TO
13 PROVIDE THAT DRIVERS OR OTHER PERSONS REMOVING A VEHICLE IN FULFILLMENT OF
14 THE REQUIREMENTS OF LAW SHALL NOT BE LIABLE OR CONSIDERED AT FAULT REGARD-
15 ING THE CAUSE OF THE ACCIDENT SOLELY BY REASON OF MOVING THE VEHICLE AND
16 TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO
17 ALLOW INTERFERENCE WITH DUTIES OF LAW ENFORCEMENT OFFICERS.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Section 49-662, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 49-662. OFFICERS AUTHORIZED TO REMOVE VEHICLES. (1) Whenever any peace
22 officer finds a vehicle in violation of any of the provisions of section
23 49-659, Idaho Code, the officer is authorized to move the vehicle, or require
24 the driver or other person in charge of the vehicle to move it to a position
25 off the roadway.
26 (2) Any peace officer is authorized to remove or cause to be removed to a
27 place of safety any unattended vehicle illegally left standing upon any high-
28 way in a position or under circumstances as to obstruct the normal movement of
29 traffic.
30 (3) Any peace officer is authorized to remove or cause to be removed to
31 the nearest garage or other place of safety any vehicle found upon a highway
32 when:
33 (a) A report has been made that the vehicle has been stolen or taken
34 without the consent of its owner, or
35 (b) The person or persons in charge of the vehicle are unable to provide
36 for its custody or removal, or
37 (c) The person driving or in control of the vehicle is arrested for an
38 alleged offense for which the officer is required by law to take the per-
39 son arrested before a proper magistrate without unnecessary delay.
40 (4) Whenever any peace officer finds a vehicle inoperable as a result of
41 an accident and standing upon a highway, the officer is authorized to require
42 the driver or other person in charge of the vehicle to have the vehicle
43 removed from the scene of the accident to a position off the paved or main-
2
1 traveled part of the highway. In the event that the owner of the vehicle is
2 left incapacitated resulting from injuries suffered from the accident, the
3 officer is authorized to have the inoperative vehicle moved from the scene to
4 the nearest garage or other place of safety.
5 (5) A peace officer or transportation department employee in the exercise
6 of the management, control and maintenance of a divided, controlled-access
7 highway or interstate highway of the state highway system may require and
8 assist in the removal from the main-traveled part of the highway a motor vehi-
9 cle, cargo or debris caused by a motor vehicle accident, provided that:
10 (a) The accident occurs with no apparent serious personal injury or
11 death; and
12 (b) The move can be accomplished safely by the drivers of the motor vehi-
13 cles involved or with the assistance of a towing or recovery vehicle and
14 the move will result in the improved safety or convenience of travel on
15 the highway.
16 (6) Neither the peace officer or transportation department employee, nor
17 anyone acting under the direction of the officer or the transportation depart-
18 ment employee is liable for damage to the motor vehicle, cargo or debris
19 caused by reasonable efforts of removal.
20 (7) Nothing herein shall be construed to interfere with the duty of any
21 city, county or state police officer to investigate and detect crime and
22 enforce the penal, traffic or highway laws of this state of any political sub-
23 division.
24 SECTION 2. That Section 49-1301, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 49-1301. ACCIDENTS INVOLVING DAMAGE TO VEHICLE. (1) The driver of any
27 vehicle involved in an accident, either on public or private property open to
28 the public, resulting only in damage to a vehicle which is driven or attended
29 by any person shall immediately stop the vehicle at the scene of the accident,
30 or as close as possible, and shall immediately return to, and in every event
31 shall remain at, the scene of the accident until he has fulfilled the require-
32 ments of law. A
33 (2) For any accident which occurs on a divided, controlled-access highway
34 or interstate highway of the state highway system, a stop as required by sub-
35 section (1) of this section shall be made by moving the vehicle into a safe
36 refuge on the shoulder, emergency lane or median, or to a place otherwise
37 removed from the roadway whenever, in the judgment of the driver, such moving
38 of a vehicle may be done safely and the vehicle is capable of being normally
39 and safely driven, does not require towing, and may be operated under its own
40 power in its customary manner without further damage or hazard to itself, to
41 the traffic elements or to the roadway.
42 (a) For any other highway, a stop as required by subsection (1) of this
43 section shall be made without obstructing traffic more than is necessary.
44 (b) The driver or any other person who has removed a motor vehicle from
45 the main-traveled part of the road as provided in this subsection before
46 the arrival of a law enforcement officer shall not be considered liable or
47 at fault regarding the cause of the accident solely by reason of moving
48 the vehicle pursuant to this subsection.
49 (23) Any person failing to stop or to comply with the requirements under
50 these circumstances shall be guilty of a misdemeanor.
51 (34) The department shall revoke for a period of one (1) year the dri-
52 ver's license, privileges or permit to drive, or the nonresident operating
53 privilege, of any person convicted of a violation of the provisions of subsec-
3
1 tion (1) of this section.
2 (5) Nothing herein shall be construed to interfere with the duty of any
3 city, county or state police officer to investigate and detect crime and
4 enforce the penal, traffic or highway laws of this state or any political sub-
5 division.
STATEMENT OF PURPOSE
RS 14464C1
This bill would amend Title 49, Idaho Code, to require motorists to
move their vehicles from the roadway when involved in minor
accidents and would free them from any liability for doing so. It
also allows law enforcement officers and transportation department
employees to require and assist in the removal of inoperable
vehicles, cargo and debris resulting from minor accidents when the
removal results in improved safety and convenience for travelers on
the highway, and frees them from any liability for doing so.
This bill only applies to divided, controlled access highways or
interstate highways of the state highway system.
FISCAL IMPACT
No fiscal impact.
Contact
Name: Greg Laragan
Agency: Idaho Transportation Department
Phone: 334-8535
STATEMENT OF PURPOSE/FISCAL NOTE H 53