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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. A33 (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