2005 Legislation
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HOUSE BILL NO. 54 – MV, commercial, driving privileges

HOUSE BILL NO. 54

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Bill Status



H0054.........................................by TRANSPORTATION AND DEFENSE
COMMERCIAL VEHICLES - DRIVING PRIVILEGES - Amends existing law relating to
commercial motor vehicle driving privileges to provide that restricted
driving privileges may be granted to drive a noncommercial vehicle but
shall not be granted to operate a commercial motor vehicle during the
period of suspension, revocation, cancellation or disqualification; to
provide for a school bus endorsement on a driver's license; to require an
applicant for a school bus endorsement to pass appropriate knowledge and
skills tests; to authorize the Idaho Transportation Department, until a
time certain, to waive the skills test requirement under certain
conditions; to require that every application for a Class A, B or C
driver's license shall state where the applicant has been licensed for the
preceding ten years; to provide that a temporary restricted permit may be
issued to grant noncommercial driving privileges but shall not grant
driving privileges to operate a commercial motor vehicle; to clarify the
conditions for which the operator of a commercial motor vehicle may be
disqualified; and to provide additional conditions for commercial motor
vehicle driver disqualification in accordance with federal regulations.
                                                                        
01/27    House intro - 1st rdg - to printing
01/28    Rpt prt - to Transp
02/25    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood
      NAYS -- None
      Absent and excused -- Loertscher, Mr. Speaker
    Floor Sponsor - Cannon
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Transp
03/18    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 33-0-1, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Keough, (District 21 seat vacant)
    Floor Sponsor - McGee
    Title apvd - to House
03/23    To enrol
03/24    Rpt enrol - Sp signed
03/25    Pres signed
03/28    To Governor
03/30    Governor VETOED
03/31    Held at Desk
04/06    Filed in Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 54
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COMMERCIAL MOTOR  VEHICLE  DRIVING  PRIVILEGES;  AMENDING  SECTION
  3        18-8002A,  IDAHO CODE, TO CLARIFY THAT RESTRICTED DRIVING PRIVILEGES APPLY
  4        ONLY TO OPERATION OF NONCOMMERCIAL VEHICLES, TO CLARIFY THAT WORK PURPOSES
  5        SHALL NOT INVOLVE OPERATION OF A COMMERCIAL VEHICLE AND  TO  PROVIDE  THAT
  6        RESTRICTED DRIVING PRIVILEGES SHALL NOT APPLY TO OPERATION OF A COMMERCIAL
  7        VEHICLE; AMENDING SECTION 18-8004A, IDAHO CODE, TO PROVIDE THAT RESTRICTED
  8        DRIVING  PRIVILEGES  SHALL  NOT  BE  GRANTED TO OPERATE A COMMERCIAL MOTOR
  9        VEHICLE DURING THE PERIOD OF SUSPENSION, REVOCATION, CANCELLATION OR  DIS-
 10        QUALIFICATION;  AMENDING  SECTION 18-8005, IDAHO CODE, TO PROVIDE THAT ANY
 11        PERSON WHOSE DRIVING PRIVILEGES HAVE BEEN SUSPENDED, REVOKED  OR  CANCELED
 12        SHALL NOT BE GRANTED RESTRICTED DRIVING PRIVILEGES TO OPERATE A COMMERCIAL
 13        MOTOR VEHICLE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-105,
 14        IDAHO  CODE, TO PROVIDE FOR A SCHOOL BUS ENDORSEMENT ON A DRIVER'S LICENSE
 15        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-306, IDAHO CODE, TO
 16        REQUIRE THAT EVERY APPLICATION FOR A CLASS A,  B  OR  C  DRIVER'S  LICENSE
 17        SHALL  STATE  WHERE  THE APPLICANT HAS BEEN LICENSED FOR THE PRECEDING TEN
 18        YEARS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING  SECTION  49-313,  IDAHO
 19        CODE,  TO REQUIRE AN APPLICANT FOR A SCHOOL BUS ENDORSEMENT TO PASS APPRO-
 20        PRIATE KNOWLEDGE AND SKILLS TESTS AND TO AUTHORIZE THE DEPARTMENT UNTIL  A
 21        TIME  CERTAIN  TO  WAIVE  THE SKILLS TEST REQUIREMENT UNDER CERTAIN CONDI-
 22        TIONS; AMENDING SECTION 49-325, IDAHO CODE, TO CLARIFY  THAT  A  TEMPORARY
 23        RESTRICTED  PERMIT MAY BE ISSUED TO GRANT NONCOMMERCIAL DRIVING PRIVILEGES
 24        BUT SHALL NOT GRANT DRIVING PRIVILEGES TO OPERATE A COMMERCIAL MOTOR VEHI-
 25        CLE AND TO MAKE TECHNICAL  CORRECTIONS;  AMENDING  SECTION  49-326,  IDAHO
 26        CODE, TO PROVIDE THAT A TEMPORARY RESTRICTED PERMIT MAY BE ISSUED TO GRANT
 27        NONCOMMERCIAL DRIVING PRIVILEGES BUT SHALL NOT GRANT DRIVING PRIVILEGES TO
 28        OPERATE A COMMERCIAL MOTOR VEHICLE AND TO MAKE A TECHNICAL CORRECTION; AND
 29        AMENDING  SECTION  49-335, IDAHO CODE, TO CLARIFY THE CONDITIONS FOR WHICH
 30        THE OPERATOR OF A COMMERCIAL MOTOR VEHICLE MAY BE DISQUALIFIED AND TO PRO-
 31        VIDE ADDITIONAL CONDITIONS FOR DISQUALIFICATION IN ACCORDANCE WITH FEDERAL
 32        REGULATIONS.
                                                                        
 33    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 34        SECTION 1.  That Section 18-8002A, Idaho Code, be, and the same is  hereby
 35    amended to read as follows:
                                                                        
 36        18-8002A.  TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR
 37    OTHER INTOXICATING SUBSTANCES -- SUSPENSION UPON FAILURE OF TESTS. (1) Defini-
 38    tions. As used in this section:
 39        (a)  "Actual  physical  control" means being in the driver's position of a
 40        motor vehicle with the motor running or with the vehicle moving.
 41        (b)  "Administrative hearing" means a hearing conducted by a hearing offi-
 42        cer to determine whether a suspension imposed by the  provisions  of  this
 43        section should be vacated or sustained.
                                                                        
                                           2
                                                                        
  1        (c)  "Department"  means  the  Idaho transportation department and, as the
  2        context requires, shall be construed to include any agent of  the  depart-
  3        ment designated by rule as hereinafter provided.
  4        (d)  "Director" means the director of the Idaho transportation department.
  5        (e)  "Evidentiary  testing"  means a procedure or test or series of proce-
  6        dures or tests utilized to determine the concentration of alcohol  or  the
  7        presence  of drugs or other intoxicating substances in a person, including
  8        additional testing authorized by subsection (6) of this section.  An  evi-
  9        dentiary  test  for  alcohol  concentration shall be based on a formula of
 10        grams of alcohol per one hundred (100) cubic centimeters of blood, per two
 11        hundred ten (210) liters of breath, or  sixty-seven  (67)  milliliters  of
 12        urine.  Analysis  of blood, breath or urine for the purpose of determining
 13        alcohol concentration shall be performed by a laboratory operated  by  the
 14        Idaho  state  police or by a laboratory approved by the Idaho state police
 15        under the provisions of approval and certification standards to be set  by
 16        the Idaho state police, or by any other method approved by the Idaho state
 17        police.  Notwithstanding  any other provision of law or rule of court, the
 18        results of any test for alcohol concentration and records relating to cal-
 19        ibration, approval, certification or quality control performed by a  labo-
 20        ratory  operated  and  approved  by the Idaho state police or by any other
 21        method approved by the Idaho state police shall be admissible in any  pro-
 22        ceeding  in  this  state  without  the necessity of producing a witness to
 23        establish the reliability of the testing procedure for examination.
 24        (f)  "Hearing officer" means a person designated by the department to con-
 25        duct administrative hearings. The hearing officer shall have authority  to
 26        administer  oaths,  examine witnesses and take testimony, receive relevant
 27        evidence, issue subpoenas, regulate the course and conduct of the  hearing
 28        and make a final ruling on the issues before him.
 29        (g)  "Hearing  request"  means  a request for an administrative hearing on
 30        the suspension imposed by the provisions of this section.
 31        (2)  Information to be given. At the time of evidentiary testing for  con-
 32    centration of alcohol, or for the presence of drugs or other intoxicating sub-
 33    stances  is requested, the person shall be informed that if the person refuses
 34    to submit to or fails to complete evidentiary testing, or if the  person  sub-
 35    mits  to  and  completes  evidentiary testing and the test results indicate an
 36    alcohol concentration or the presence of  drugs  or  other  intoxicating  sub-
 37    stances  in violation of section 18-8004, 18-8004C or 18-8006, Idaho Code, the
 38    person shall be informed substantially as follows (but need  not  be  informed
 39    verbatim):
 40        If you refuse to submit to or if you fail to complete and pass evidentiary
 41    testing for alcohol or other intoxicating substances:
 42        (a)  The peace officer will seize your driver's license and issue a notice
 43        of  suspension and a temporary driving permit to you, but no peace officer
 44        will issue you a temporary driving permit if your driver's license or per-
 45        mit has already been and is suspended or revoked. No peace  officer  shall
 46        issue  a  temporary driving permit to a driver of a commercial vehicle who
 47        refuses to submit to or fails to complete and pass an evidentiary test;
 48        (b)  You have the right to request a hearing within seven (7) days of  the
 49        notice  of  suspension  of  your  driver's  license  to show cause why you
 50        refused to submit to or to complete and pass evidentiary testing  and  why
 51        your driver's license should not be suspended;
 52        (c)  If  you  refused or failed to complete evidentiary testing and do not
 53        request a hearing before the court or do not prevail at the hearing,  your
 54        driver's license will be suspended. The suspension will be for one hundred
 55        eighty  (180)  days  if this is your first refusal. The suspension will be
                                                                        
                                           3
                                                                        
  1        for one (1) year if this is your second refusal within five (5) years. You
  2        will not be able to obtain a  temporary  restricted  license  during  that
  3        period; and
  4        (d)  If  you  complete evidentiary testing and fail the testing and do not
  5        request a hearing before the department or do not prevail at the  hearing,
  6        your  driver's  license  will  be  suspended.  This suspension will be for
  7        ninety (90) days if this is your first failure of evidentiary testing, but
  8        you may request  restricted noncommercial vehicle driving privileges after
  9        the first thirty (30) days. The suspension will be for  one  (1)  year  if
 10        this  is your second failure of evidentiary testing within five (5) years.
 11        You will not be able to obtain a temporary restricted license during  that
 12        period;
 13        (e)  After submitting to evidentiary testing you may, when practicable, at
 14        your  own  expense,  have  additional  tests  made by a person of your own
 15        choosing.
 16        (3)  Rulemaking authority of the  Idaho  state  police.  The  Idaho  state
 17    police may, pursuant to chapter 52, title 67, Idaho Code, prescribe by rule:
 18        (a)  What  testing  is required to complete evidentiary testing under this
 19        section; and
 20        (b)  What calibration or checking of testing equipment must  be  performed
 21        to comply with the department's requirements. Any rules of the Idaho state
 22        police  shall be in accordance with the following: a test for alcohol con-
 23        centration in breath as defined in section 18-8004, Idaho Code,  and  sub-
 24        section (1)(e) of this section will be valid for the purposes of this sec-
 25        tion  if the breath alcohol testing instrument was approved for testing by
 26        the Idaho state police in accordance with section 18-8004, Idaho Code,  at
 27        any  time  within  ninety (90) days before the evidentiary testing. A test
 28        for alcohol concentration in blood or urine as defined in section 18-8004,
 29        Idaho Code, that is reported by the Idaho state police or by  any  labora-
 30        tory approved by the Idaho state police to perform this test will be valid
 31        for the purposes of this section.
 32        (4)  Suspension.
 33        (a)  Upon  receipt  of  the  sworn statement of a peace officer that there
 34        existed legal cause to believe a person had been driving or was in  actual
 35        physical  control of a motor vehicle while under the influence of alcohol,
 36        drugs or other intoxicating substances and that the person submitted to  a
 37        test  and the test results indicated an alcohol concentration or the pres-
 38        ence of drugs or other intoxicating substances  in  violation  of  section
 39        18-8004, 18-8004C or 18-8006, Idaho Code, the department shall suspend the
 40        person's driver's license, driver's permit, driving privileges or nonresi-
 41        dent driving privileges:
 42             (i)   For a period of ninety (90) days for a first failure of eviden-
 43             tiary  testing under the provisions of this section. The first thirty
 44             (30) days of the suspension shall be absolute and  the  person  shall
 45             have  absolutely  no  driving privileges of any kind. Restricted non-
 46             commercial vehicle driving privileges applicable during the remaining
 47             sixty (60) days of the suspension may be  requested  as  provided  in
 48             subsection (9) of this section.
 49             (ii)  For  a  period  of one (1) year for a second and any subsequent
 50             failure of evidentiary testing under the provisions of  this  section
 51             within  the  immediately  preceding five (5) years. No driving privi-
 52             leges of any kind shall be granted during the suspension imposed pur-
 53             suant to this subsection.
 54        The person may request an administrative hearing on the suspension as pro-
 55        vided in subsection (7) of this section. Any right to contest the  suspen-
                                                                        
                                           4
                                                                        
  1        sion shall be waived if a hearing is not requested as therein provided.
  2        (b)  The  suspension shall become effective thirty (30) days after service
  3        upon the person of the notice of suspension. The notice shall be in a form
  4        provided by the department and shall state:
  5             (i)   The reason and statutory grounds for the suspension;
  6             (ii)  The effective date of the suspension;
  7             (iii) The suspension periods to which the person may  be  subject  as
  8             provided in subsection (4)(a) of this section;
  9             (iv)  The  procedures  for obtaining restricted noncommercial vehicle
 10             driving privileges;
 11             (v)   The rights of the person to request an  administrative  hearing
 12             on  the  suspension  and  that  if  an  administrative hearing is not
 13             requested within seven (7) days of service of the notice  of  suspen-
 14             sion the right to contest the suspension shall be waived;
 15             (vi)  The  procedures  for obtaining an administrative hearing on the
 16             suspension;
 17             (vii) The right to judicial review of the hearing officer's  decision
 18             on the suspension and the procedures for seeking such review.
 19        (5)  Service  of  suspension  by  peace  officer or the department. If the
 20    driver submits to evidentiary testing after the information in subsection  (2)
 21    of  this  section  has  been  provided and the results of the test indicate an
 22    alcohol concentration or the presence of  drugs  or  other  intoxicating  sub-
 23    stances  in  violation  of  the  provisions  of  section  18-8004, 18-8004C or
 24    18-8006, Idaho Code:
 25        (a)  The peace officer shall take  possession  of  the  person's  driver's
 26        license,  shall issue a temporary permit which shall be valid for a period
 27        not to exceed thirty (30) days from the date of issuance, and,  acting  on
 28        behalf  of  the department, will serve the person with a notice of suspen-
 29        sion in the form and containing the information required under  subsection
 30        (4)  of this section. The department may serve the person with a notice of
 31        suspension if the peace officer failed to issue the notice  of  suspension
 32        or  failed to include the date of service as provided in subsection (4)(b)
 33        of this section.
 34        (b)  Within five (5) business days following service of a notice  of  sus-
 35        pension  the  peace  officer shall forward to the department a copy of the
 36        completed notice of suspension form upon which the date  of  service  upon
 37        the  driver  shall be clearly indicated, a copy of any completed temporary
 38        permit form along with any confiscated driver's license, a certified  copy
 39        or  duplicate  original of the results of all tests for alcohol concentra-
 40        tion, as shown by analysis of breath administered at the direction of  the
 41        peace officer, and a sworn statement of the officer, which may incorporate
 42        any  arrest  or  incident  reports  relevant to the arrest and evidentiary
 43        testing setting forth:
 44             (i)   The identity of the person;
 45             (ii)  Stating the officer's legal cause to stop the person;
 46             (iii) Stating the officer's legal cause to believe  that  the  person
 47             had been driving or was in actual physical control of a motor vehicle
 48             while  under  the  influence  of alcohol, drugs or other intoxicating
 49             substances  in  violation  of  the  provisions  of  section  18-8004,
 50             18-8004C or 18-8006, Idaho Code;
 51             (iv)  That the person was advised of the consequences of  taking  and
 52             failing  the  evidentiary  test as provided in subsection (2) of this
 53             section;
 54             (v)   That the person was lawfully arrested;
 55             (vi)  That the person was tested for alcohol concentration, drugs  or
                                                                        
                                           5
                                                                        
  1             other  intoxicating  substances as provided in this chapter, and that
  2             the results of the test indicated an  alcohol  concentration  or  the
  3             presence  of  drugs  or other intoxicating substances in violation of
  4             the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code.
  5        If an evidentiary test of blood or urine was administered  rather  than  a
  6        breath test, the peace officer or the department shall serve the notice of
  7        suspension  once the results are received. The sworn statement required in
  8        this subsection shall be made on forms in accordance with rules adopted by
  9        the department.
 10        (c)  The department may serve the person with a notice  of  suspension  if
 11        the  peace  officer  failed to issue the notice of suspension or failed to
 12        include the date of service as provided in subsection (4)(b) of this  sec-
 13        tion.
 14        (6)  Additional  tests.  After  submitting  to  evidentiary testing at the
 15    request of the peace officer, the person may, when  practicable,  at  his  own
 16    expense,  have  additional tests for alcohol concentration or for the presence
 17    of drugs or other intoxicating substances made by a person of his  own  choos-
 18    ing.  The  person's  failure or inability to obtain additional tests shall not
 19    preclude admission of the results of evidentiary  tests  administered  at  the
 20    direction  of  the  peace  officer unless additional testing was denied by the
 21    peace officer.
 22        (7)  Administrative hearing on suspension. A person who  has  been  served
 23    with  a  notice  of  suspension  after  submitting  to an evidentiary test may
 24    request an administrative hearing on the suspension before a  hearing  officer
 25    designated  by the department. The request for hearing shall be in writing and
 26    must be received by the department within seven (7) calendar days of the  date
 27    of service upon the person of the notice of suspension, and shall include what
 28    issue  or issues shall be raised at the hearing. The date on which the hearing
 29    request was received shall be noted on the face of the request.
 30        If a hearing is requested, the hearing shall be held  within  twenty  (20)
 31    days  of  the  date  the hearing request was received by the department unless
 32    this period is, for good cause shown, extended by the hearing officer for  one
 33    ten (10) day period. Such extension shall not operate as a stay of the suspen-
 34    sion  and  any temporary permit shall expire thirty (30) days after service of
 35    the notice of suspension, notwithstanding an extension  of  the  hearing  date
 36    beyond such thirty (30) day period. Written notice of the date and time of the
 37    hearing  shall  be sent to the party requesting the hearing at least seven (7)
 38    days prior to the scheduled hearing date. The department may conduct all hear-
 39    ings by telephone if each participant in the hearing  has  an  opportunity  to
 40    participate in the entire proceeding while it is taking place.
 41        The  hearing shall be recorded. The sworn statement of the arresting offi-
 42    cer, and the copy of the notice of suspension and any temporary permit  issued
 43    by  the officer shall be admissible at the hearing without further evidentiary
 44    foundation. The results of any tests for alcohol concentration or the presence
 45    of drugs or other intoxicating substances  by  analysis  of  blood,  urine  or
 46    breath  administered  at  the  direction  of the peace officer and the records
 47    relating to calibration, certification, approval or quality control pertaining
 48    to equipment utilized to perform the tests shall be admissible as provided  in
 49    section 18-8004(4), Idaho Code. The arresting officer shall not be required to
 50    participate unless directed to do so by a subpoena issued by the hearing offi-
 51    cer.
 52        The  burden  of  proof  shall be on the person requesting the hearing. The
 53    hearing officer shall not vacate the suspension unless he finds, by a  prepon-
 54    derance of the evidence, that:
 55        (a)  The peace officer did not have legal cause to stop the person; or
                                                                        
                                           6
                                                                        
  1        (b)  The  officer  did not have legal cause to believe the person had been
  2        driving or was in actual physical control of a  vehicle  while  under  the
  3        influence  of alcohol, drugs or other intoxicating substances in violation
  4        of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code; or
  5        (c)  The test results did not show an alcohol concentration or  the  pres-
  6        ence    of  drugs or other intoxicating substances in violation of section
  7        18-8004, 18-8004C or 18-8006, Idaho Code; or
  8        (d)  The tests for alcohol concentration, drugs or other intoxicating sub-
  9        stances administered at the direction of the peace officer were  not  con-
 10        ducted  in  accordance  with the requirements of section 18-8004(4), Idaho
 11        Code, or the testing equipment was not functioning properly when the  test
 12        was administered; or
 13        (e)  The person was not informed of the consequences of submitting to evi-
 14        dentiary testing as required in subsection (2) of this section.
 15    If  the hearing officer finds that the person has not met his burden of proof,
 16    he shall sustain the suspension. The hearing officer shall  make  findings  of
 17    fact and conclusions of law on each issue and shall enter an order vacating or
 18    sustaining the suspension. If the suspension is vacated, the person's driver's
 19    license,  unless  unavailable by reason of an existing suspension, revocation,
 20    cancellation, disqualification or denial shall be returned to him.  The  find-
 21    ings  of  fact,  conclusions  of  law and order entered by the hearing officer
 22    shall be considered a final order pursuant to the provisions  of  chapter  52,
 23    title  67,  Idaho  Code, except that motions for reconsideration of such order
 24    shall be allowed and new evidence can be submitted.
 25        The facts as found by the hearing officer  shall  be  independent  of  the
 26    determination of the same or similar facts in the adjudication of any criminal
 27    charges  arising out of the same occurrence. The disposition of those criminal
 28    charges shall not affect the suspension required to be imposed under the  pro-
 29    visions  of this section. If a license is suspended under this section and the
 30    person is also convicted on criminal charges arising out of  the  same  occur-
 31    rence  for  a  violation  of  the  provisions  of section 18-8004, 18-8004C or
 32    18-8006, Idaho Code, both the suspension under this section and the suspension
 33    imposed pursuant to the provisions of section 18-8005 or 18-8006, Idaho  Code,
 34    shall  be  imposed, but the periods of suspension shall run concurrently, with
 35    the total period of suspension not to exceed the longer of the applicable sus-
 36    pension periods, unless the court ordering the suspension in the criminal case
 37    orders to the contrary.
 38        (8)  Judicial review. A party aggrieved by the  decision  of  the  hearing
 39    officer  may  seek  judicial review of the decision in the manner provided for
 40    judicial review of final agency action provided in chapter 52, title 67, Idaho
 41    Code.
 42        (9)  Restricted noncommercial vehicle driving privileges. A person  served
 43    with  a notice of suspension for ninety (90) days pursuant to this section may
 44    apply to the department for restricted noncommercial  vehicle  driving  privi-
 45    leges,  to  become effective after the thirty (30) day absolute suspension has
 46    been completed. The request may be made at  any  time  after  service  of  the
 47    notice of suspension. Restricted noncommercial vehicle driving privileges will
 48    be  issued for the person to travel to and from work and for work purposes not
 49    involving operation of a commercial vehicle, to  attend  an  alternative  high
 50    school,  work  on  a  GED, for postsecondary education, or to meet the medical
 51    needs of the person or his family if the person  is  eligible  for  restricted
 52    noncommercial  vehicle driving privileges. Any person whose driving privileges
 53    are suspended under the provisions of this chapter may be  granted  privileges
 54    to  drive a noncommercial vehicle but shall not be granted privileges to oper-
 55    ate a commercial motor vehicle.
                                                                        
                                           7
                                                                        
  1        (10) Rules. The department may adopt rules under the provisions of chapter
  2    52, title 67, Idaho Code, deemed necessary to implement the provisions of this
  3    section.
                                                                        
  4        SECTION 2.  That Section 18-8004A, Idaho Code, be, and the same is  hereby
  5    amended to read as follows:
                                                                        
  6        18-8004A.  PENALTIES  -- PERSONS UNDER 21 WITH LESS THAN 0.08 ALCOHOL CON-
  7    CENTRATION. (1) Any person found guilty of a violation of subsection (1)(d) of
  8    section 18-8004, Idaho Code, shall be guilty of  a  misdemeanor;  and,  for  a
  9    first offense:
 10        (a)  Shall be fined an amount not to exceed one thousand dollars ($1,000);
 11        (b)  Shall have his driving privileges suspended by the court for a period
 12        of one (1) year, ninety (90) days of which shall not be reduced and during
 13        which  period absolutely no driving privileges of any kind may be granted.
 14        After the period of absolute suspension of driving privileges has  passed,
 15        the  defendant  may  request restricted driving privileges which the court
 16        may allow, if the defendant shows by a preponderance of the evidence  that
 17        driving privileges are necessary as deemed appropriate by the court;
 18        (c)  Shall be advised by the court in writing at the time of sentencing of
 19        the  penalties  that  will  be imposed for any subsequent violation of the
 20        provisions of this section or any  violation  of  section  18-8004,  Idaho
 21        Code,  which  advice shall be signed by the defendant, and a copy retained
 22        by the court and another copy retained by the prosecuting attorney;
 23        (d)  Shall be required to undergo an alcohol evaluation and otherwise com-
 24        ply with the requirements of sections 18-8005(9)  and  18-8005(12),  Idaho
 25        Code, as ordered by the court.
 26        (2)  Any  person who pleads guilty to or is found guilty of a violation of
 27    the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ-
 28    ously has been found guilty of or has pled guilty to a violation of the provi-
 29    sions of section 18-8004(1)(a), (b), (c) or (d), Idaho Code, or  any  substan-
 30    tially   conforming   foreign   criminal  violation,  as  defined  in  section
 31    18-8005(8), Idaho Code, notwithstanding the form of the judgment  or  withheld
 32    judgment, is guilty of a misdemeanor; and:
 33        (a)  Shall be sentenced to jail for a mandatory minimum period of five (5)
 34        days,  as  required  by  23  U.S.C. section 164, not to exceed thirty (30)
 35        days;
 36        (b)  Shall be fined an amount of not less than five hundred dollars ($500)
 37        nor more than two thousand dollars ($2,000);
 38        (c)  Shall have his driving privileges suspended by the court for a period
 39        not to exceed two (2) years, one (1) year of which shall be  absolute  and
 40        shall  not be reduced and during which period absolutely no driving privi-
 41        leges of any kind may be granted;
 42        (d)  Shall, while operating a motor vehicle, be required to drive  only  a
 43        motor  vehicle  equipped  with a functioning ignition interlock system, as
 44        provided in   section 18-8008, Idaho Code, following the mandatory one (1)
 45        year license suspension period; and
 46        (e)  Shall be advised by the court in writing at the time of sentencing of
 47        the penalties that will be imposed for subsequent violations of the provi-
 48        sions of this section or section 18-8004, Idaho Code, which  advice  shall
 49        be  signed  by the defendant, and a copy retained by the court and another
 50        copy retained by the prosecuting attorney;
 51        (f)  Shall undergo  an  alcohol  evaluation  and  comply  with  the  other
 52        requirements of subsections (9) and (12) of section 18-8005, Idaho Code.
 53        (3)  Any  person who pleads guilty to or is found guilty of a violation of
                                                                        
                                           8
                                                                        
  1    the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ-
  2    ously has been found guilty of or has pled guilty to two (2)  or  more  viola-
  3    tions  of  the  provisions  of  section 18-8004(1)(a),  (b), (c) or (d), Idaho
  4    Code, or any substantially conforming foreign criminal violation, within  five
  5    (5)  years,  notwithstanding  the  form  of the judgment or withheld judgment,
  6    shall be guilty of a misdemeanor; and:
  7        (a)  Shall be sentenced to jail for a mandatory minimum period of ten (10)
  8        days, as required by 23 U.S.C. section 164, not to exceed six (6) months;
  9        (b)  Shall be fined an amount  of  not  less  than  one  thousand  dollars
 10        ($1,000) nor more than two thousand dollars ($2,000);
 11        (c)  Shall surrender his driver's license or permit to the court;
 12        (d)  Shall have his driving privileges suspended by the court for a manda-
 13        tory  minimum  period  of  one (1) year, during which period absolutely no
 14        driving privileges of any kind  may  be  granted,  or  until  such  person
 15        reaches the age of twenty-one (21) years, whichever is greater; and
 16        (e)  Shall,  while  operating a motor vehicle, be required to drive only a
 17        motor vehicle equipped with a functioning ignition  interlock  system,  as
 18        provided  in  section 18-8008, Idaho Code, following the mandatory one (1)
 19        year license suspension period; and
 20        (f)  Shall undergo  an  alcohol  evaluation  and  comply  with  all  other
 21        requirements  imposed  by  the  court  pursuant to sections 18-8005(9) and
 22        18-8005(12), Idaho Code.
 23        (4)  All provisions of section 18-8005, Idaho Code, not otherwise in  con-
 24    flict  with  or  provided  for  in  this section shall apply to any sentencing
 25    imposed under the provisions of this section.
 26        (5)  A person violating the provisions  of  section  18-8004(1)(d),  Idaho
 27    Code, may be prosecuted under title 20, Idaho Code.
 28        (6)  Any  person whose driving privileges are suspended, revoked, canceled
 29    or disqualified under the provisions of this  chapter  shall  not  be  granted
 30    privileges  to operate a commercial motor vehicle during the period of suspen-
 31    sion, revocation, cancellation or disqualification.
                                                                        
 32        SECTION 3.  That Section 18-8005, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        18-8005.  PENALTIES.  (1)  Any  person  who  pleads  guilty to or is found
 35    guilty of a violation of the provisions of section 18-8004(1)(a) or (5), Idaho
 36    Code, for the first time is guilty of a misdemeanor; and, except  as  provided
 37    in section 18-8004C, Idaho Code:
 38        (a)  May be sentenced to jail for not to exceed six (6) months;
 39        (b)  May be fined an amount not to exceed one thousand dollars ($1,000);
 40        (c)  Shall be advised by the court in writing at the time of sentencing of
 41        the penalties that will be imposed for subsequent violations of the provi-
 42        sions  of section 18-8004, Idaho Code, which advice shall be signed by the
 43        defendant, and a copy retained by the court and another copy  retained  by
 44        the prosecuting attorney; and
 45        (d)  Shall have his driving privileges suspended by the court for a period
 46        of  thirty  (30)  days  which shall not be reduced and during which thirty
 47        (30) day period absolutely no  driving  privileges  of  any  kind  may  be
 48        granted.  After the thirty (30) day period of absolute suspension of driv-
 49        ing privileges has passed, the defendant  shall  have  driving  privileges
 50        suspended  by  the  court  for an additional period of at least sixty (60)
 51        days, not to exceed one hundred fifty (150) days during which the  defend-
 52        ant  may request restricted  driving privileges which the court may allow,
 53        if the defendant shows by a preponderance of  the  evidence  that  driving
                                                                        
                                           9
                                                                        
  1        privileges are necessary for his employment or for family health needs.
  2        (2)  Any  person who pleads guilty to or is found guilty of a violation of
  3    the provisions of section 18-8004(1)(b), Idaho Code, for  the  first  time  is
  4    guilty of a misdemeanor and subject to:
  5        (a)  The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
  6        (b)  The provisions of section 49-335, Idaho Code.
  7        (3)  Any  person who pleads guilty to or is found guilty of a violation of
  8    the provisions of section 18-8004(1)(c), Idaho Code, for the  first  time,  is
  9    guilty of a misdemeanor and is subject to:
 10        (a)  The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
 11        (b)  The provisions of section 49-335, Idaho Code.
 12        (4)  Any  person who pleads guilty to or is found guilty of a violation of
 13    the provisions of section 18-8004(1)(a), (b) or (c), Idaho  Code,  who  previ-
 14    ously has been found guilty of or has pled guilty to a violation of the provi-
 15    sions  of  section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially
 16    conforming foreign criminal violation within five (5)  years,  notwithstanding
 17    the form of the judgment(s) or withheld judgment(s), and except as provided in
 18    section  18-8004C, Idaho Code, is guilty of a misdemeanor; and, except as pro-
 19    vided in section 18-8004C, Idaho Code:
 20        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
 21        than ten (10) days the first forty-eight (48) hours of which must be  con-
 22        secutive,  and  five (5) days of which must be served in jail, as required
 23        by 23 U.S.C. section 164, and may be sentenced to not more  than  one  (1)
 24        year,  provided  however,  that in the discretion of the sentencing judge,
 25        the judge may authorize the defendant to be assigned to a work detail pro-
 26        gram within the custody of the county sheriff during the period of  incar-
 27        ceration;
 28        (b)  May be fined an amount not to exceed two thousand dollars ($2,000);
 29        (c)  Shall  be  advised by the court in writing at the time of sentencing,
 30        of the penalties that will be imposed for  subsequent  violations  of  the
 31        provisions of section 18-8004, Idaho Code, which advice shall be signed by
 32        the  defendant, and a copy retained by the court and another copy retained
 33        by the prosecuting attorney;
 34        (d)  Shall surrender his driver's license or permit to the court;
 35        (e)  Shall have his driving privileges suspended by the court for an addi-
 36        tional mandatory minimum period of one (1) year after  release  from  con-
 37        finement,  during  which  one (1) year period absolutely no driving privi-
 38        leges of any kind may be granted; and
 39        (f)  Shall, while operating a motor vehicle, be required to drive  only  a
 40        motor  vehicle  equipped  with a functioning ignition interlock system, as
 41        provided in section 18-8008, Idaho Code, following the one (1) year manda-
 42        tory license suspension period.
 43        (g)  If the person has pled guilty or was found guilty for the second time
 44        within five (5)  years  of  a  violation  of  the  provisions  of  section
 45        18-8004(1)(b)  or  (c), Idaho Code, then the provisions of section 49-335,
 46        Idaho Code, shall apply.
 47        (5)  Except as provided in section 18-8004C, Idaho Code,  any  person  who
 48    pleads  guilty  to or is found guilty of a violation of the provisions of sec-
 49    tion 18-8004(1)(a), (b) or (c), Idaho Code,  who  previously  has  been  found
 50    guilty  of  or has pled guilty to two (2) or more violations of the provisions
 51    of section 18-8004(1)(a), (b) or (c), Idaho Code, or  any  substantially  con-
 52    forming  foreign  criminal  violation, or any combination thereof, within five
 53    (5)  years,  notwithstanding  the  form  of  the   judgment(s)   or   withheld
 54    judgment(s), shall be guilty of a felony; and
 55        (a)  Shall  be  sentenced  to the custody of the state board of correction
                                                                        
                                           10
                                                                        
  1        for not to exceed five (5) years; provided that notwithstanding the provi-
  2        sions of section 19-2601, Idaho Code, should the court impose any sentence
  3        other than incarceration in the state penitentiary, the defendant shall be
  4        sentenced to the county jail for a mandatory minimum period  of  not  less
  5        than  thirty  (30) days, the first forty-eight (48) hours of which must be
  6        consecutive, and ten (10) days  of  which  must  be  served  in  jail,  as
  7        required by 23 U.S.C. section 164; and further provided that notwithstand-
  8        ing  the provisions of section 18-111, Idaho Code, a conviction under this
  9        section shall be deemed a felony;
 10        (b)  May be fined an amount not to exceed five thousand dollars ($5,000);
 11        (c)  Shall surrender his driver's license or permit to the court; and
 12        (d)  Shall have his driving privileges suspended by the court for a manda-
 13        tory minimum period of one (1) year after release from  imprisonment,  and
 14        may  have  his driving privileges suspended by the court for not to exceed
 15        five (5) years after release from imprisonment, during which time he shall
 16        have absolutely no driving privileges of any kind; and
 17        (e)  Shall, while operating a motor vehicle, be required to drive  only  a
 18        motor  vehicle  equipped  with a functioning ignition interlock system, as
 19        provided in section 18-8008, Idaho Code, following the mandatory  one  (1)
 20        year license suspension period.
 21        (6)  For  the  purpose of computation of the enhancement period in subsec-
 22    tions (4), (5) and (7) of this section, the time that elapses between the date
 23    of commission of the offense and the date the defendant pleads  guilty  or  is
 24    found  guilty  for the pending offense shall be excluded. If the determination
 25    of guilt against the defendant is reversed upon appeal, the time that  elapsed
 26    between  the  date of the commission of the offense and the date the defendant
 27    pleads guilty or is found guilty following the appeal shall also be excluded.
 28        (7)  Notwithstanding the provisions of subsections (4)  and  (5)  of  this
 29    section,  any person who has pled guilty or has been found guilty of a  felony
 30    violation of the provisions of section 18-8004, Idaho Code, a felony violation
 31    of the provisions of section 18-8004C, Idaho Code, a violation of  the  provi-
 32    sions of section 18-8006, Idaho Code, a violation of the provisions of section
 33    18-4006  3.(b),  Idaho  Code, or any substantially conforming foreign criminal
 34    felony violation, and within ten (10) years pleads guilty or is  found  guilty
 35    of a further violation of the provisions of section 18-8004, Idaho Code, shall
 36    be  guilty  of  a  felony and shall be sentenced pursuant to subsection (5) of
 37    this section.
 38        (8)  For the purpose of subsections (4), (5) and (7) of this  section  and
 39    the  provisions  of  section  18-8004C, Idaho Code, a substantially conforming
 40    foreign criminal violation exists when a person has pled guilty to or has been
 41    found guilty of a violation of any federal law or law of another state, or any
 42    valid county, city, or town ordinance of another state substantially  conform-
 43    ing  to  the  provisions  of section 18-8004, Idaho Code. The determination of
 44    whether a foreign criminal violation is substantially conforming is a question
 45    of law to be determined by the court.
 46        (9)  Any person who pleads guilty to or is found guilty of a violation  of
 47    the  provisions  of  section  18-8004,  18-8004C or 18-8006, Idaho Code, shall
 48    undergo, at his own expense, (or at county expense through the procedures  set
 49    forth  in chapters 34 and 35, title 31, Idaho Code,) and prior to the sentenc-
 50    ing date, an alcohol evaluation by an alcohol evaluation facility approved  by
 51    the Idaho department of health and welfare; provided however, if the defendant
 52    has  no  prior  or  pending  charges with respect to the provisions of section
 53    18-8004, 18-8004C  or 18-8006, Idaho Code, and the court has the  records  and
 54    information required under subsections (10)(a), (b) and (c) of this section or
 55    possesses  information from other reliable sources relating to the defendant's
                                                                        
                                           11
                                                                        
  1    use or non-use nonuse of alcohol or drugs which does not give  the  court  any
  2    reason  to believe that the defendant regularly abuses alcohol or drugs and is
  3    in need of treatment, the court may, in its discretion, waive  the  evaluation
  4    with  respect to sentencing for a violation of section 18-8004 or 18-8004C(1),
  5    Idaho Code, and proceed to sentence the defendant. The court may also, in  its
  6    discretion,  waive  the requirement of an alcohol evaluation with respect to a
  7    defendant's violation of  the  provisions  of  section  18-8004,  18-8004C  or
  8    18-8006,  Idaho Code, and proceed to sentence the defendant if the court has a
  9    presentence investigation report,  substance  abuse  assessment,  criminogenic
 10    risk assessment, or other assessment which evaluates the defendant's degree of
 11    alcohol  abuse  and  need  for  alcohol treatment conducted within twelve (12)
 12    months preceding the date of the defendant's sentencing. In the event an alco-
 13    hol evaluation indicates the need for alcohol treatment, the evaluation  shall
 14    contain a recommendation by the evaluator as to the most appropriate treatment
 15    program,  together  with  the  estimated cost thereof, and recommendations for
 16    other suitable alternative treatment programs,  together  with  the  estimated
 17    costs  thereof.  The person shall request that a copy of the completed evalua-
 18    tion be forwarded to the court. The court shall take the evaluation into  con-
 19    sideration  in determining an appropriate sentence. If a copy of the completed
 20    evaluation has not been provided to the court, the court may proceed  to  sen-
 21    tence the defendant; however, in such event, it shall be presumed that alcohol
 22    treatment  is required unless the defendant makes a showing by a preponderance
 23    of evidence that treatment is not required. If the defendant has  not  made  a
 24    good  faith  effort  to  provide  the  completed copy of the evaluation to the
 25    court, the court may consider the failure of  the  defendant  to  provide  the
 26    report  as an aggravating circumstance in determining an appropriate sentence.
 27    If treatment is ordered, in no event shall the person or  facility  doing  the
 28    evaluation  be  the person or facility that provides the treatment unless this
 29    requirement is waived by the sentencing court, with the exception of federally
 30    recognized Indian tribes or federal military  installations,  where  diagnosis
 31    and  treatment  are  appropriate and available. Nothing herein contained shall
 32    preclude the use of funds authorized pursuant to the provisions of chapter  3,
 33    title 39, Idaho Code, for court-ordered alcohol treatment for indigent defend-
 34    ants.
 35        (10) At  the time of sentencing, the court shall be provided with the fol-
 36    lowing information:
 37        (a)  The results, if administered, of any  evidentiary  test  for  alcohol
 38        and/or drugs;
 39        (b)  A computer or teletype or other acceptable copy of the person's driv-
 40        ing record;
 41        (c)  Information  as  to  whether the defendant has pled guilty to or been
 42        found guilty of violation of the provisions of section  18-8004,  18-8004C
 43        or  18-8006,  Idaho  Code,  or  a similar offense within the past five (5)
 44        years,  notwithstanding  the  form  of   the   judgment(s)   or   withheld
 45        judgment(s); and
 46        (d)  The alcohol evaluation required in subsection (9) of this section, if
 47        any.
 48        (11) A  minor  may be prosecuted for a violation of the provisions of sec-
 49    tion 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 20,  Idaho  Code.
 50    In   addition  to  any  other penalty, if a minor pleads guilty to or is found
 51    guilty of a violation of the provisions of section 18-8004(1)(a), (b)  or  (c)
 52    or  18-8004C,  Idaho  Code,  he shall have his driving privileges suspended or
 53    denied for an additional one (1) year following the end of any period of  sus-
 54    pension  or  revocation  existing  at  the  time of the violation, or until he
 55    reaches the age of twenty-one (21) years, whichever period is greater.  During
                                                                        
                                           12
                                                                        
  1    the  period  of additional suspension  or denial, absolutely no driving privi-
  2    leges shall be allowed.
  3        (12) In the event that the alcohol evaluation required in  subsection  (9)
  4    of this section recommends alcohol treatment, the court shall order the person
  5    to complete a treatment program in addition to any other sentence which may be
  6    imposed,  unless the court determines that alcohol treatment would be inappro-
  7    priate or undesirable, in which event, the court shall enter findings  articu-
  8    lating the reasons for such determination on the record. The court shall order
  9    the  defendant  to  complete  the preferred treatment program set forth in the
 10    evaluation, or a comparable alternative, unless it appears that the  defendant
 11    cannot  reasonably  obtain adequate financial resources for such treatment. In
 12    that event, the court may order the defendant to complete a less costly alter-
 13    native set forth in the evaluation, or a comparable  program.  Such  treatment
 14    shall, to the greatest extent possible, be at the expense of the defendant. In
 15    the  event  that  funding  is provided for or on behalf of the defendant by an
 16    entity of state government, restitution shall be ordered to such  governmental
 17    entity  in  accordance  with  the  restitution procedure for crime victims, as
 18    specified under chapter 53, title 19, Idaho  Code.  Nothing  contained  herein
 19    shall  be  construed  as requiring a court to order that a governmental entity
 20    shall  provide  alcohol  treatment  at  government  expense  unless  otherwise
 21    required by law.
 22        (13) Any person who is disqualified, or whose driving privileges have been
 23    suspended, revoked or canceled under the provisions of this chapter, shall not
 24    be granted restricted driving privileges to operate a commercial  motor  vehi-
 25    cle.
                                                                        
 26        SECTION  4.  That  Section  49-105, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        49-105.  DEFINITIONS -- D.
 29        (1)  "Dealer" means every person in the business  of  buying,  selling  or
 30    exchanging  five  (5)  or  more new or used vehicles, new or used motorcycles,
 31    snow machines or motor scooters,  travel  trailers,  all-terrain  vehicles  or
 32    motor  homes  in  any  calendar  year, either outright or on conditional sale,
 33    bailment, lease, chattel mortgage, or otherwise, or  who  has  an  established
 34    place of business for the sale, lease, trade, or display of these vehicles. No
 35    insurance  company,  bank, finance company, public utilities company, or other
 36    person coming into possession of any vehicle, as an incident  to  its  regular
 37    business,  who  shall  sell  that  vehicle under any contractual rights it may
 38    have, shall be considered a dealer. See also "salvage pool,", section  49-120,
 39    Idaho Code.
 40        (2)  "Dealer's  selling  agreement."  (See  "Franchise,",  section 49-107,
 41    Idaho Code)
 42        (3)  "Department"  means  the  Idaho  transportation   department   acting
 43    directly  or  through its duly authorized officers and agents, except in chap-
 44    ters 6 and 9, title 49, Idaho Code, where  the  term  means  the  Idaho  state
 45    police, except as otherwise specifically provided.
 46        (4)  "Designated  family member" means the spouse, child, grandchild, par-
 47    ent, brother or sister of the owner of a vehicle dealership who, in the  event
 48    of  the  owner's  death,  is entitled to inherit the ownership interest in the
 49    dealership under the same terms of the owner's will, or who has been nominated
 50    in any other written instrument, or who, in the case of an incapacitated owner
 51    of a dealership, has been appointed by a court as the legal representative  of
 52    the dealer's property.
 53        (5)  "Director" means the director of the Idaho transportation department,
                                                                        
                                           13
                                                                        
  1    except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
  2    director of the Idaho state police.
  3        (6)  "Disclose"  means to engage in any practice or conduct to make avail-
  4    able and make known personal information contained in records of  the  depart-
  5    ment  about a person to any other person, organization or entity, by any means
  6    of communication.
  7        (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
  8    the department of commercial vehicle driving privileges.
  9        (8)  "Distributor" means any person,  firm,  association,  corporation  or
 10    trust,  resident  or  nonresident,  who has a franchise from a manufacturer of
 11    vehicles to distribute vehicles in this state, and who in  whole  or  in  part
 12    sells or distributes new vehicles to dealers or who maintains distributor rep-
 13    resentatives.
 14        (9)  "Distributor  branch" means a branch office similarly maintained by a
 15    distributor for the same purposes a factory branch is maintained.
 16        (10) "Distributor representative" means  any  person,  firm,  association,
 17    corporation  or trust, and each officer and employee thereof engaged as a rep-
 18    resentative of a distributor or distributor branch of vehicles for the purpose
 19    of making or promoting the sale of vehicles, or for supervising or  contacting
 20    dealers or prospective dealers.
 21        (11) "District" means:
 22        (a)  Business district.  The territory contiguous to and including a high-
 23        way  when  within  any  six hundred (600) feet along the highway there are
 24        buildings in use for business or industrial  purposes,  including  hotels,
 25        banks  or  office  buildings, railroad stations and public buildings which
 26        occupy at least three hundred (300) feet of frontage on one side or  three
 27        hundred (300) feet collectively on both sides of the highway.
 28        (b)  Residential  district.   The  territory contiguous to and including a
 29        highway not comprising a business district when the property on the  high-
 30        way  for  a  distance  of  three hundred (300) feet or more is in the main
 31        improved with residences, or residences and buildings in use for business.
 32        (c)  Urban district. The territory contiguous to and including any highway
 33        which is built up with structures devoted to business, industry or  dwell-
 34        ing  houses.  For purposes of establishing speed limits in accordance with
 35        the provisions of section 49-654, Idaho Code, no state highway or any por-
 36        tion thereof lying within the boundaries of an urban district  is  subject
 37        to  the  limitations  which otherwise apply to nonstate highways within an
 38        urban district. Provided, this subsection shall not limit the authority of
 39        the duly elected officials of an  incorporated  city  acting  as  a  local
 40        authority  to  decrease speed limits on state highways passing through any
 41        district within the incorporated city.
 42        (12) "Documented vessel" means a vessel having a valid marine document  as
 43    a vessel of the United States.
 44        (13) "Drag  race"  means  the operation of two (2) or more vehicles from a
 45    point side by side at accelerating speeds in a competitive attempt to  outdis-
 46    tance  each  other, or the operation of one (1) or more vehicles over a common
 47    selected course, from the same point to the same point,  for  the  purpose  of
 48    comparing  the relative speeds or power of acceleration of the vehicles within
 49    a certain distance or time limit.
 50        (14) "Driver" means every person who drives or is in actual physical  con-
 51    trol of a vehicle.
 52        (15) "Driver's license" means a license or permit issued by the department
 53    or  by any other jurisdiction to an individual which authorizes the individual
 54    to operate a motor vehicle or commercial motor  vehicle  on  the  highways  in
 55    accordance with the requirements of title 49, Idaho Code.
                                                                        
                                           14
                                                                        
  1        (16) "Driver's  license  -- cClasses of" are issued for the operation of a
  2    vehicle based on the size of the vehicle or the type of load and mean:
  3        (a)  Class A. This license shall be issued and valid for the operation  of
  4        any  combination of motor vehicles with a manufacturer's gross combination
  5        weight rating (GCWR) in excess of  twenty-six  thousand  (26,000)  pounds,
  6        provided  the  manufacturer's  gross  vehicle  weight rating (GVWR) of the
  7        vehicle(s) being towed is in excess of ten thousand (10,000) pounds.  Per-
  8        sons holding a valid class A license may also operate vehicles requiring a
  9        class B, C, or D license.
 10        (b)  Class  B. This license shall be issued and valid for the operation of
 11        any single vehicle with  a  manufacturer's  gross  vehicle  weight  rating
 12        (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
 13        cle  towing  a  vehicle  not  in  excess  of  ten thousand (10,000) pounds
 14        manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
 15        class B license may also operate vehicles requiring a class C license or a
 16        class D license.
 17        (c)  Class C. This license shall be issued and valid for the operation  of
 18        any single vehicle or combination of vehicles that does not meet the defi-
 19        nition  of class A or class B, as defined in this section, but that either
 20        is designed to transport sixteen (16) or more people including the driver,
 21        or is of any size which does not meet the definition of class A or class B
 22        and is used in the transportation  of  materials  found  to  be  hazardous
 23        according  to the hazardous material transportation act and which requires
 24        the motor vehicle to be placarded under the  federal  hazardous  materials
 25        regulations  49  CFR  part 172, subpart F. Persons holding a valid class C
 26        license may also operate vehicles requiring a class D license.
 27        (d)  Class D. This license shall be issued and valid for the operation  of
 28        a  motor  vehicle  that  is not a commercial vehicle as defined in section
 29        49-123, Idaho Code.
 30        (e)  "Seasonal driver's license" means a special restricted class B  or  C
 31        driver's  license  to  operate certain commercial vehicles in farm-related
 32        industries under restrictions imposed by the department. As used  in  this
 33        definition,  "farm-related  industry"  shall  mean custom harvesters, farm
 34        retail outlets  and  suppliers,  agri-chemical  businesses  and  livestock
 35        feeders.  Seasonal  driver's  licenses  are not valid for driving vehicles
 36        carrying any quantities of hazardous material requiring placarding, except
 37        for diesel fuel in quantities of one thousand  (1,000)  gallons  or  less,
 38        liquid  fertilizers,  i.e.,  plant nutrients, in vehicles or implements of
 39        husbandry with total capacities of three thousand (3,000) gallons or less,
 40        and solid fertilizers, i.e., solid plant nutrients,  that  are  not  mixed
 41        with any organic substance.
 42        (17) "Driver  record"  means  any  record that pertains to an individual's
 43    driver's license, driving permit, driving privileges, driving history, identi-
 44    fication documents or other similar credentials issued by the department.
 45        (18) "Driver's license endorsements" means special authorizations that are
 46    required to be displayed on a driver's license  which  permit  the  driver  to
 47    operate  certain  types  of commercial vehicles or commercial vehicles hauling
 48    certain types of cargo, or to operate a motorcycle or a school bus.
 49        (a)  "Endorsement T -- Double/tTriple trailer" means this  endorsement  is
 50        required  on a class A, B or C license to permit the licensee to operate a
 51        vehicle authorized to tow more than one (1) trailer.
 52        (b)  "Endorsement H --  Hazardous  material"  means  this  endorsement  is
 53        required on a class A, B or C license if the driver is operating a vehicle
 54        used in the transportation of materials found to be hazardous according to
 55        the  hazardous  material  transportation  act and which requires the motor
                                                                        
                                           15
                                                                        
  1        vehicle to be placarded under the federal hazardous materials  regulations
  2        49 CFR part 172, subpart F.
  3        (c)  "Endorsement  P -- Passenger" means this endorsement is required on a
  4        class A, B or C license to  permit  the  licensee  to  operate  a  vehicle
  5        designed to transport sixteen (16) or more people including the driver.
  6        (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
  7        a  class  A,  B  or  C license to permit the licensee to operate a vehicle
  8        which is designed to transport any liquid or gaseous  materials  within  a
  9        tank  that  is  either permanently or temporarily attached to the vehicle.
 10        Such vehicles include, but are not limited to, cargo  tanks  and  portable
 11        tanks,  as defined in federal regulations 49 CFR part 171. This definition
 12        does not include portable tanks having a rated capacity under one thousand
 13        (1,000) gallons.
 14        (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
 15        driver's license to permit the driver to operate a motorcycle.
 16        (f)  "Endorsement S -- School bus" means this endorsement is required on a
 17        class A, B or C license to permit the licensee to operate a school bus  in
 18        accordance  with 49 CFR part 383, to transport preprimary, primary or sec-
 19        ondary school students from home to school, from school to home, or to and
 20        from school-sponsored events. School bus does not include a bus used as  a
 21        common carrier.
 22        (19) "Driveway"  means a private road giving access from a public way to a
 23    building on abutting grounds.
 24        (20) "Dromedary tractor" means every motor vehicle designed and used  pri-
 25    marily  for  drawing  a  semitrailer and so constructed as to carry manifested
 26    cargo in addition to a part of the weight of the semitrailer.
                                                                        
 27        SECTION 5.  That Section 49-306, Idaho Code, be, and the  same  is  hereby
 28    amended to read as follows:
                                                                        
 29        49-306.  APPLICATION   FOR   DRIVER'S   LICENSE,  INSTRUCTION  PERMIT,  OR
 30    RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT. (1)  Every  application  for  any
 31    instruction permit, restricted school attendance driving permit, or for a dri-
 32    ver's  license shall be made upon a form furnished by the department and shall
 33    be verified by the applicant before a person authorized to  administer  oaths.
 34    Officers  and  employees of the department and sheriffs and their deputies are
 35    authorized to administer the oaths without charge.  Every  application  for  a
 36    permit,  extension  or  driver's license shall be accompanied by the following
 37    fee, none of which is refundable:
 38        (a)  Class A, B, C (4-year) license with endorsements - age 21  years  and
 39        older ............................................................. $28.50
 40        (b)  Class A, B, C (3-year) license with endorsements - age 18 to 21 years
 41        ................................................................... $20.50
 42        (c)  Class  A,  B,  C  (1-year)  license  with endorsements - age 20 years
 43        ................................................................... $12.25
 44        (d)  Class D (3-year) license - under age 18 years ................ $20.50
 45        (e)  Class D (3-year) license - age 18 to 21 years ................ $20.50
 46        (f)  Class D (1-year) license - age 17 years or age 20 years ...... $12.25
 47        (g)  Four-year Class D license - age 21 years and older ........... $24.50
 48        (h)  Eight-year Class D license - age 21 to 63 years .............. $45.00
 49        (i)  Class A, B, C instruction permit ............................. $19.50
 50        (j)  Class  D  instruction  permit  or   supervised   instruction   permit
 51        ................................................................. . $11.50
 52        (k)  Duplicate  driver's  license  or  permit issued under section 49-318,
 53        Idaho Code ........................................................ $11.50
                                                                        
                                           16
                                                                        
  1        (l)  Driver's license extension issued under section  49-319,  Idaho  Code
  2        ................................................................... $ 6.50
  3        (m)  License classification change (upgrade) ...................... $15.50
  4        (n)  Endorsement addition ......................................... $11.50
  5        (o)  Class A, B, C skills tests ..................... not more than $55.00
  6        (p)  Class D skills test .......................................... $15.00
  7        (q)  Motorcycle endorsement skills test ........................... $ 5.00
  8        (r)  Knowledge test ............................................... $ 3.00
  9        (s)  Seasonal driver's license .................................... $27.50
 10        (t)  One time motorcycle "M" endorsement .......................... $11.50
 11        (u)  Motorcycle endorsement instruction permit .................... $11.50
 12        (v)  Restricted  driving  permit  or  restricted school attendance driving
 13        permit ............................................................ $35.00
 14        (2)  Every application shall state the true and full name, date of  birth,
 15    sex,  declaration  of  Idaho  residency,  Idaho  residence address and mailing
 16    address, if different, of the applicant, height, weight, hair color,  and  eye
 17    color,  and  the  applicant's  social  security  number  as  verified  by  the
 18    applicant's social security card or by the social security administration.
 19        (a)  The requirement that an applicant provide a social security number as
 20        verified by his social security card or by the social security administra-
 21        tion  shall apply only to applicants who have been assigned a social secu-
 22        rity number.
 23        (b)  An applicant who has not  been  assigned  a  social  security  number
 24        shall:
 25             (i)   Present  written verification from the social security adminis-
 26             tration that the applicant has not been assigned  a  social  security
 27             number; and
 28             (ii)  Submit  a birth certificate, passport or other documentary evi-
 29             dence issued by an entity other than a state or  the  United  States;
 30             and
 31             (iii) Submit such proof as the department may require that the appli-
 32             cant is lawfully present in the United States.
 33        A  driver's  license or any instruction permit issued on and after January
 34    1, 1993, shall not contain an applicant's social security number. Applications
 35    on file shall be exempt from disclosure except as provided in sections 49-202,
 36    49-203, 49-203A and 49-204, Idaho Code.
 37        Every application for a class A, B or C  license  shall  state  where  the
 38    applicant  has been licensed for the preceding ten (10) years and all applica-
 39    tions shall also state whether the applicant has previously been licensed as a
 40    driver, and if so, when and by what state or country, and whether  a  driver's
 41    license or privileges have ever been suspended, revoked, denied, disqualified,
 42    canceled  or whether an application has ever been refused, and if so, the date
 43    of and reason for the suspension, revocation, denial,  disqualification,  can-
 44    cellation  or refusal and the applicant's oath that all information is correct
 45    as signified by the applicant's signature.
 46        The applicant may be required to submit proof of  identity  acceptable  to
 47    the  examiner  or the department and date of birth as set forth in a certified
 48    copy of his birth certificate when obtainable, or another document which  pro-
 49    vides  satisfactory  evidence  of  a  person's date of birth acceptable to the
 50    examiner or the department.
 51        (c)  Individuals required to register in compliance with section 3 of  the
 52        federal  military  selective  service  act, 50 U.S.C. App. 451 et seq., as
 53        amended, shall be provided an opportunity  to  fulfill  such  registration
 54        requirements in conjunction with an  application for a driver's license or
 55        instruction  permit.  Any  registration  information  so supplied shall be
                                                                        
                                           17
                                                                        
  1        transmitted by the department to the selective service system.
  2        (3)  Whenever an application is received from a person previously licensed
  3    in another jurisdiction, the department shall request a copy of  the  driver's
  4    record  from the other jurisdiction and shall contact the national driver reg-
  5    ister. When received, the driver's record from the previous jurisdiction shall
  6    become a part of the driver's record in this state with  the  same  force  and
  7    effect  as though entered on the driver's record in this state in the original
  8    instance.
  9        (4)  Whenever the department receives a request for a driver's record from
 10    another licensing jurisdiction, the record shall be forwarded without charge.
 11        (5)  The department shall contact and notify the commercial driver license
 12    information system of the proposed application for a class A, B or C  driver's
 13    license  to insure ensure identification of the person and to obtain clearance
 14    to issue the license.
 15        (6)  When the fees required under this section are collected by  a  county
 16    officer,  they  shall be paid over to the county treasurer not less often than
 17    monthly, who shall immediately:
 18        (a)  Deposit an amount equal to five dollars ($5.00)  from  each  driver's
 19        license  except  an eight-year class D license, or any class D instruction
 20        permit application fees, application for a duplicate driver's  license  or
 21        permit,  classification  change,  seasonal driver's license and additional
 22        endorsement, and ten dollars ($10.00) from each eight-year  class  D  dri-
 23        ver's license, in the current expense fund; and
 24        (b)  Deposit  two  dollars  and  fifty  cents ($2.50) from each motorcycle
 25        endorsement and motorcycle endorsement instruction permit fee in the  cur-
 26        rent expense fund; and
 27        (c)  Deposit  an amount equal to three dollars ($3.00) from each fee for a
 28        knowledge test in the current expense fund; and
 29        (d)  Deposit an amount equal to five dollars ($5.00) from each fee  for  a
 30        motorcycle  endorsement  skills test in the current expense fund; provided
 31        however, if a contractor administers the skills test he shall be  entitled
 32        to the five dollar ($5.00) fee; and
 33        (e)  Remit the remainder to the state treasurer; and
 34        (f)  Deposit  eleven  dollars and fifty cents ($11.50) from each fee for a
 35        class D skills test into the county current expense fund, unless the  test
 36        is  administered  by  a  department-approved contractor, in which case the
 37        contractor shall be entitled to eleven dollars and fifty cents ($11.50) of
 38        each fee.
 39        (7)  When the fees required under this section are collected  by  a  state
 40    officer or agency, they shall be paid over to the state treasurer.
 41        (8)  The  state  treasurer  shall distribute the moneys received from fees
 42    imposed by the provisions of this section, whether collected by a county offi-
 43    cer or by a state officer or agency as follows:
 44        (a)  Two dollars ($2.00) of each fee for a four-year driver's  license  or
 45        seasonal  driver's  license,  and  four dollars ($4.00) of each fee for an
 46        eight-year class D driver's  license,  and  one  dollar  and  fifty  cents
 47        ($1.50)  of each fee charged for driver's licenses pursuant to subsections
 48        (1)(b), (d) and (e) of this section, and fifty cents  (50¢)  of  each  fee
 49        charged  for  driver's  licenses pursuant to subsections (1)(c) and (f) of
 50        this section, shall be deposited in the emergency medical services fund II
 51        created in section 56-1018A, Idaho Code, and four dollars ($4.00) of  each
 52        fee  charged  pursuant  to subsections (1)(a), (g) and (s) of this section
 53        and eight dollars ($8.00) of  each  fee  charged  pursuant  to  subsection
 54        (1)(h)  of this section and three dollars ($3.00) of each fee for driver's
 55        licenses pursuant to subsections (1)(b), (d) and (e) of this section,  and
                                                                        
                                           18
                                                                        
  1        one  dollar  ($1.00) of each fee charged for driver's licenses pursuant to
  2        subsections (1)(c) and (f) of this section shall be deposited in the emer-
  3        gency medical services fund III created in section 56-1018B,  Idaho  Code;
  4        and
  5        (b)  Sixteen  dollars  and fifty cents ($16.50) of each fee for a seasonal
  6        or class A, B or C driver's license, and ten dollars ($10.00) of each  fee
  7        charged  for  a license pursuant to subsection (1)(b) of this section, and
  8        five dollars and forty-one cents ($5.41) of each fee charged for a license
  9        pursuant to subsection (1)(c) of this section shall be  deposited  in  the
 10        state highway fund; and
 11        (c)  Ten  dollars and fifty cents ($10.50) of each fee for a class A, B or
 12        C instruction permit or driver's license classification  change  shall  be
 13        deposited in the state highway fund; and
 14        (d)  Four  dollars  ($4.00)  of each fee for a class A, B or C instruction
 15        permit shall be deposited in the emergency medical services fund III  cre-
 16        ated in section 56-1018B, Idaho Code; and
 17        (e)  Six  dollars and fifty cents ($6.50) of each fee for a duplicate sea-
 18        sonal or class A, B or C driver's  license,  class  A,  B  or  C  driver's
 19        license  extension,  or  additional  endorsement shall be deposited in the
 20        state highway fund; and
 21        (f)  Four dollars ($4.00) of each fee for  a  motorcycle  endorsement  and
 22        motorcycle  endorsement instruction permit shall be deposited in the state
 23        highway fund; and
 24        (g)  Five dollars and thirty cents ($5.30) of each  fee  for  a  four-year
 25        class D driver's license, and ten dollars and sixty cents ($10.60) of each
 26        fee  for  an eight-year class D driver's license, and four dollars ($4.00)
 27        of each fee charged for a license pursuant to subsections (1)(d)  and  (e)
 28        of this section, and one dollar and thirty-three cents ($1.33) of each fee
 29        charged  for a license pursuant to subsection (1)(f) of this section shall
 30        be deposited in the driver training fund; and
 31        (h)  Seven dollars and twenty cents ($7.20) of each fee  for  a  four-year
 32        class D driver's license, and ten dollars and forty cents ($10.40) of each
 33        fee for an eight-year class D driver's license, and six dollars ($6.00) of
 34        each  fee  charged for a license pursuant to subsections (1)(d) and (e) of
 35        this section, and four dollars and eight cents ($4.08) of each fee charged
 36        for a license pursuant to subsection  (1)(f)  of  this  section  shall  be
 37        deposited in the highway distribution fund; and
 38        (i)  Two  dollars  and  sixty  cents  ($2.60)  of  each  fee for a class D
 39        instruction permit, duplicate class D  license  or  permit,  and  class  D
 40        license extension shall be deposited in the driver training fund; and
 41        (j)  Three  dollars  and  ninety  cents  ($3.90) of each fee for a class D
 42        instruction permit, duplicate class D  license  or  permit,  and  class  D
 43        license extension shall be deposited in the highway distribution fund; and
 44        (k)  Five  dollars  ($5.00)  of each fee for a class A, B or C skills test
 45        shall be deposited in the state highway fund; and
 46        (l)  One dollar ($1.00) of each fee for a class A, B,  C  or  four-year  D
 47        driver's  license,  and  two dollars ($2.00) of each fee for an eight-year
 48        class D driver's license, and one dollar ($1.00) of each fee charged for a
 49        license pursuant to subsections (1)(b), (d) and (e) of this  section,  and
 50        thirty-four cents (34¢) of each fee charged for a license pursuant to sub-
 51        sections  (1)(c)  and (f) of this section shall be deposited in the motor-
 52        cycle safety program fund established in section 33-4904, Idaho Code; and
 53        (m)  Three dollars and fifty cents ($3.50) of  each  fee  for  a  class  D
 54        skills test shall be deposited into the state highway fund.
 55        (9)  The  contractor  administering a class A, B or C skills test shall be
                                                                        
                                           19
                                                                        
  1    entitled to not more than fifty dollars ($50.00) of the  skills  test  fee.  A
  2    contractor  administering  a  class A, B or C skills test may collect an addi-
  3    tional fee for the use of the contractor's vehicle for the skills test.
  4        (10) Thirty-five dollars ($35.00) of each restricted  driving  permit  and
  5    each  restricted  school  attendance  driving permit shall be deposited in the
  6    state highway fund.
  7        (11) The department may issue seasonal class B or C driver's  licenses  to
  8    drivers who are employees of agri-chemical businesses, custom harvesters, farm
  9    retail outlets and suppliers, and livestock feeders that:
 10        (a)  Will  only  be  valid  for  driving commercial vehicles that normally
 11        require class B or C commercial driver's licenses;
 12        (b)  Will be valid for seasonal periods that begin on the date of issuance
 13        and that are not to exceed one hundred eighty (180) days in a twelve  (12)
 14        month period;
 15        (c)  May only be obtained twice in a driver's lifetime;
 16        (d)  Are  valid  only  within a one hundred fifty (150) mile radius of the
 17        place of business or farm being serviced; and
 18        (e)  Will be valid only in conjunction with valid Idaho class  D  driver's
 19        licenses.
 20        (12) The  department  may issue seasonal class B or C driver's licenses to
 21    drivers who:
 22        (a)  Have not violated the single license provisions of applicable federal
 23        regulations;
 24        (b)  Have not had any license suspensions, revocations or cancellations;
 25        (c)  Have not had any convictions in any vehicle for any offense listed in
 26        section 49-335(1) or (2), Idaho Code,  or  any  one  (1)  serious  traffic
 27        offense;
 28        (d)  Have  at  least  one (1) year of driving experience with a class D or
 29        equivalent license in any type motor vehicle; and
 30        (e)  Are at least sixteen (16) years old.
                                                                        
 31        SECTION 6.  That Section 49-313, Idaho Code, be, and the  same  is  hereby
 32    amended to read as follows:
                                                                        
 33        49-313.  EXAMINATION  OF APPLICANTS. (1) The sheriff, his deputy or autho-
 34    rized agents of the department shall examine every applicant for  an  instruc-
 35    tion  permit,  restricted  school attendance driving permit, seasonal driver's
 36    license, or a driver's license or a motorcycle endorsement, except  as  other-
 37    wise  provided by law. The examination shall include a test of the applicant's
 38    eyesight, his ability to read and understand highway signs  regulating,  warn-
 39    ing,  and  directing traffic. A skills test shall be required for an applicant
 40    who has not been previously licensed for the class of  license  requested,  or
 41    who holds a license issued by another country unless a reciprocal agreement is
 42    in  force. However, a skills test may be required for any and all other appli-
 43    cants at the discretion of the examiner or department for a class A, B, C or D
 44    driver's license or a motorcycle endorsement.  In  addition,  the  applicant's
 45    knowledge  of  traffic laws of this state and when a motorcycle endorsement is
 46    applied for, the applicant's knowledge of safe motorcycle operating  practices
 47    and traffic laws specifically relating to motorcycle operation shall be tested
 48    by a written examination, except as provided in section 49-319, Idaho Code. At
 49    the discretion of the examiner, the prescribed written examination may be con-
 50    ducted orally.
 51        (2)  The  knowledge  and  skills  examinations for applicants for driver's
 52    licenses in class A, B or C shall be conducted in compliance with 49 CFR  part
 53    383.
                                                                        
                                           20
                                                                        
  1        (3)  The  skills test for a class A, B, C or D driver's license or for any
  2    endorsement shall be given by the department or  its  authorized  agents.  The
  3    skills examiner for a motorcycle endorsement shall be certified by the depart-
  4    ment of education.
  5        (4)  The department shall not issue a the following endorsements except as
  6    provided:
  7        (a)  A  tank,  double/triple  trailer,  or  hazardous material endorsement
  8        unless the applicant, in addition to all other applicable  qualifications,
  9        has passed an appropriate knowledge test. The department shall not issue a
 10        (b)  A  passenger  endorsement  unless  the  applicant, in addition to all
 11        other applicable qualifications, has passed an appropriate  knowledge  and
 12        skills test.
 13        (c)  A  school  bus  endorsement  unless the applicant, in addition to all
 14        other applicable qualifications,  has  passed  appropriate  knowledge  and
 15        skills  tests.  Until  September  30,  2005,  the department may waive the
 16        school bus endorsement skills test requirement if the applicant meets  the
 17        conditions set forth in accordance with 49 CFR part 383.123.
 18        (5)  Any  person failing to pass a knowledge or skills test for a class A,
 19    B, C or D driver's license, or  a  knowledge  test  for  a  seasonal  driver's
 20    license,  or any endorsement may not retake the test within three (3) business
 21    days of the failure.
 22        (6)  Any person retaking a knowledge or skills test for a driver's license
 23    shall pay the appropriate testing fee as specified in  section  49-306,  Idaho
 24    Code.
 25        (7)  The  motorcycle  skills  test  for  a motorcycle endorsement shall be
 26    waived by the department:
 27        (a)  On and after September 1, 1998, if the applicant  presents  satisfac-
 28        tory  evidence  of  successful completion of a recognized motorcycle rider
 29        training course approved by the department of education;
 30        (b)  On and after September 1, 1998, if the applicant presents evidence of
 31        a motorcycle endorsement on his current license by  a  state  or  province
 32        which  requires  a  motorcycle  skills test equivalent to that required by
 33        Idaho law as determined by the department of education;
 34        (c)  Until September 1, 1998.
 35        (8)  At the discretion of the department, an alternate skills test for the
 36    motorcycle endorsement may be administered when the endorsement is for  opera-
 37    tion of a three-wheeled motorcycle only.
 38        (9)  The  department or its authorized agents may refuse to give an appli-
 39    cant a skills test if there are reasonable grounds to believe that the  safety
 40    of  the  applicant,  public, or the examiner would be jeopardized by doing so.
 41    Reasonable grounds would include, but  not  be  limited  to,  the  applicant's
 42    inability  to  pass  the eye test, written tests, or a statement by a licensed
 43    physician stating the applicant is not physically able to drive a motor  vehi-
 44    cle.
 45        (10) The  department or its authorized agents may deny issuance or renewal
 46    of a driver's license or endorsement to any applicant who does  not  meet  the
 47    licensing  requirements for the class of driver's license or endorsement being
 48    renewed or issued.
 49        (11) Skills examinations for seasonal driver's licenses shall be waived.
                                                                        
 50        SECTION 7.  That Section 49-325, Idaho Code, be, and the  same  is  hereby
 51    amended to read as follows:
                                                                        
 52        49-325.  MANDATORY  REVOCATION  BY DEPARTMENT -- TEMPORARY RESTRICTED PER-
 53    MIT. (1) The department shall revoke the operating  privilege  of  any  driver
                                                                        
                                           21
                                                                        
  1    upon  receiving  a  record  of the person's conviction of any of the following
  2    offenses, when the conviction has become final, if the court has  not  ordered
  3    the suspension or revocation of the privilege:
  4        (a)  Vehicular manslaughter;
  5        (b)  Any felony in the commission of which a motor vehicle is used, except
  6        that  a  court of competent jurisdiction shall have exclusive authority to
  7        suspend or revoke operating privileges upon conviction of a  violation  of
  8        the provisions of section 18-8004 or 18-8006, Idaho Code;
  9        (c)  Perjury or the making of a false affidavit or statement under oath to
 10        the  department  under  any  law relating to the ownership or operation of
 11        motor vehicles;
 12        (d)  Conviction, or forfeiture of bail, upon three (3) charges of reckless
 13        driving committed within a period of twelve (12) months;
 14        (e)  Conviction of a violation of the provisions of section 49-1301, Idaho
 15        Code. Revocation in this event shall be for a period of not less than  one
 16        (1) year.
 17        (2)  Whenever any driver's license, permit or operating privilege has been
 18    revoked  by  the  department on the basis of subsections (1)(b) through (1)(e)
 19    above of this section, the department may issue a temporary restricted permit,
 20    except when restricted operating privileges  are  specifically  prohibited  by
 21    other provisions of law.
 22        (3a)  A  temporary  restricted permit shall specify the restrictions as to
 23        time and area of use and any further restrictions as  the  department,  in
 24        its discretion, may impose.
 25        (b)  A  temporary  restricted  permit may be issued to grant noncommercial
 26        driving privileges, but no temporary restricted  permit  shall  be  issued
 27        which grants driving privileges to operate a commercial motor vehicle.
                                                                        
 28        SECTION  8.  That  Section  49-326, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        49-326.  AUTHORITY OF DEPARTMENT TO SUSPEND, DISQUALIFY OR REVOKE DRIVER'S
 31    LICENSE AND PRIVILEGES. (1) If the court has not ordered the suspension  of  a
 32    license  or privileges, the department is authorized to suspend, disqualify or
 33    revoke the license or privileges of a driver without preliminary hearing  upon
 34    a showing by its records or other sufficient evidence that the driver:
 35        (a)  Has  committed  an offense for which mandatory revocation, suspension
 36        or disqualification of license or privileges is required upon  conviction,
 37        court order or administrative action;
 38        (b)  Has been convicted in any court in this state of an offense against a
 39        municipal  ordinance which would have been grounds for suspension, revoca-
 40        tion or disqualification of his driver's license  or  privileges  had  the
 41        charge been prosecuted under a state law;
 42        (c)  Is incompetent to drive a motor vehicle;
 43             1.  Any  person who in the opinion of the department, based upon rec-
 44             ommendation of the person's personal physician, is afflicted with  or
 45             subject  to  any  condition which brings about momentary or prolonged
 46             lapses of consciousness or control, which is or may  become  chronic,
 47             or  when the person is suffering from a physical or mental disability
 48             or disease serving to prevent  him  from  exercising  reasonable  and
 49             ordinary  control    over a motor vehicle while operating it upon the
 50             streets and highways, or any person who is unable to understand high-
 51             way signs, warning, regulating or directing traffic,  is  incompetent
 52             to drive a motor vehicle.
 53             2.  Any person who shall not have minimum visual acuity with or with-
                                                                        
                                           22
                                                                        
  1             out  corrective lenses of 20/40 in at least one (1) eye as determined
  2             by the Snellen system or other available systems  is  incompetent  to
  3             operate  a  motor  vehicle,  however,  the  department shall have the
  4             authority to license such person upon the recommendation of  an  oph-
  5             thalmologist  or  qualified  physician  and  upon passage of a skills
  6             test. At 20/70 or more in both eyes with or without corrective lenses
  7             the department may suspend the driver's license and  privileges.  Any
  8             person  who applies for or receives any type of tax, welfare or other
  9             benefits or exemptions for the blind shall be  conclusively  presumed
 10             incompetent to operate a motor vehicle.
 11             3.  Any  person, department, or political subdivision of the state of
 12             Idaho who receives an application for any type of tax,  welfare,  aid
 13             or  other benefits or exemptions for the blind shall immediately for-
 14             ward the name, address, sex, date of birth, and date  of  application
 15             of the applicant to the department;
 16        (d)  Has permitted an unlawful or fraudulent use of a driver's license;
 17        (e)  Has  committed  an  offense  in another state or jurisdiction as evi-
 18        denced by a conviction, court order or  administrative  action,  which  if
 19        committed  in  Idaho  would be grounds for suspension, disqualification or
 20        revocation;
 21        (f)  Has been convicted of the offense of reckless driving, or fleeing  or
 22        attempting  to  elude  a  peace  officer, and providing that the operating
 23        privilege shall be suspended for a period of thirty (30) days upon convic-
 24        tion and providing further, that if a second conviction  occurs  within  a
 25        two  (2)  year  period  of time from the time of the first conviction, the
 26        suspension shall be for ninety (90) days, and if a third conviction  shall
 27        occur  within  a  three (3) year period of time from the time of the first
 28        conviction, the period of suspension shall be for one (1) year;
 29        (g)  Has failed to satisfy a judgment as set forth in  chapter  12,  title
 30        49, Idaho Code;
 31        (h)  Has failed to maintain proof of financial responsibility as set forth
 32        in chapter 12, title 49, Idaho Code;
 33        (i)  Has  a  driving  record which shows a violation point count of twelve
 34        (12) or more points in any consecutive twelve (12) month period;
 35        (j)  Is an habitual violator of traffic laws;
 36        (k)  Has been convicted of  the  offense  of  violation  of  a  restricted
 37        license and providing the driver's license and privileges be suspended for
 38        a period of thirty (30) days;
 39        (l)  Has  been  convicted for the offense of leaving the scene of an acci-
 40        dent involving damages to a vehicle, the period of revocation shall be one
 41        (1) year;
 42        (m)  Has been convicted for the offense of leaving the scene of  an  acci-
 43        dent  resulting  in injury or death, the period of revocation shall be one
 44        (1) year;
 45        (n)  Is under the age of eighteen (18) years  and  is  not  satisfactorily
 46        enrolled  in school, has not received a waiver pursuant to or has not com-
 47        pleted school as provided in section 49-303A, Idaho Code;
 48        (o)  Was cited under the age of  seventeen  (17)  years  and  subsequently
 49        received  a conviction involving a moving traffic violation arising out of
 50        the operation of a motor vehicle, and providing the driver shall be sent a
 51        written warning from the  Idaho transportation department for a first con-
 52        viction; the driver's license shall be suspended for a  period  of  thirty
 53        (30)  days for a second conviction; and the driver's license shall be sus-
 54        pended for a period of sixty (60) days for a third or  subsequent  convic-
 55        tion; and providing further that no restricted driving privileges shall be
                                                                        
                                           23
                                                                        
  1        issued during any period of suspension hereunder.
  2        (2)  A  violation  point  is assessed for conviction of any charge or with
  3    proof of any infraction involving a moving traffic violation. A value  of  one
  4    (1)  point  shall  be  given  for  a less serious violation and up to four (4)
  5    points for a more serious violation. Conviction or  proof  of  infraction  for
  6    only  one  (1)  violation  arising from one (1) occasion of arrest or citation
  7    shall be counted in determining the violation point count.
  8        (3)  The department is authorized and directed to  establish  a  violation
  9    point  count  system  for  various  moving  traffic violations and infractions
 10    occurring either within or without the state of Idaho, affecting  all  holders
 11    of driver's licenses issued by the department.
 12        (4)  Notification of suspension, revocation, cancellation or disqualifica-
 13    tion.  Upon  suspending,  revoking,  canceling  or  disqualifying the driver's
 14    license or driving privileges of any person, the department shall  immediately
 15    notify the applicant or licensee in writing, at the licensee's address on file
 16    with  the  department pursuant to section 49-320, Idaho Code. Upon his request
 17    the department shall afford him an opportunity for a hearing before a  hearing
 18    officer appointed by the director. The hearing may be held by telephone within
 19    twenty  (20) days after receipt of the request, unless this period is for good
 20    cause shown, extended by the hearing  officer  for  one  ten-day  period.  The
 21    notice  and  hearing  shall  be required prior to the imposition of additional
 22    suspension or disqualification periods beyond the periods as set forth in this
 23    section. Upon a hearing the hearing officer may administer  oaths,  may  issue
 24    subpoenas for the attendance of witnesses and the production of relevant books
 25    and  papers, and may require a reexamination of the licensee. Upon the hearing
 26    the department shall either rescind its order or, with good cause, may  affirm
 27    or extend the suspension or disqualification of the driver's license or revoke
 28    the driver's license.
 29        Whenever  a  driver's  license,  permit or driving privilege has been sus-
 30    pended or revoked by the department as provided in this section, other than as
 31    set forth in subsection (1)(c), (d),  (g),  (h),  (m),  (n)  or  (o)  of  this
 32    section,  the  department  may issue a temporary restricted permit restricting
 33    the time, area and purpose of use. The application,  eligibility  requirements
 34    and  form  of the temporary restricted permit shall be provided by administra-
 35    tive rule. A temporary restricted permit may be issued to grant  noncommercial
 36    driving  privileges,  but no temporary restricted permit shall be issued which
 37    grants driving privileges to operate a commercial motor vehicle.
 38        (5)  The department shall not suspend or  revoke  a  driver's  license  or
 39    privileges  for  a period of more than one (1) year, unless otherwise provided
 40    by law. The provisions of this subsection shall not be applicable with respect
 41    to the issuance of temporary restricted permits as provided in section 49-325,
 42    Idaho Code, nor shall it be applicable  to  those  suspensions  placed  on  an
 43    individual's  record  for  the purpose of administering suspensions ordered to
 44    take effect after an individual's release  from  confinement  or  imprisonment
 45    pursuant to chapter 80, title 18, Idaho Code.
 46        (6)  The department shall not disqualify a driver for a period longer than
 47    specified by 49 CFR part 383.
                                                                        
 48        SECTION  9.  That  Section  49-335, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        49-335.  DISQUALIFICATIONS AND PENALTIES -- COMMERCIAL  DRIVER'S  LICENSE.
 51    (1)  Any  person  who  operates  a commercial motor vehicle and or who holds a
 52    class A, B or C driver's license is disqualified from operating  a  commercial
 53    motor  vehicle  for a period of not less than one (1) year if convicted in the
                                                                        
                                           24
                                                                        
  1    form of a judgment or withheld judgment of a first violation under  any  state
  2    or federal law of:
  3        (a)  Operating  a  commercial  motor  vehicle while under the influence of
  4        alcohol or a controlled substance;
  5        (b)  Operating a commercial motor vehicle while the alcohol  concentration
  6        of the person's blood,  breath or bodily substance is 0.04 or more;
  7        (c)  Leaving the scene of an accident involving a commercial motor vehicle
  8        driven by the person;
  9        (d)  Using a commercial motor vehicle in the commission of any felony.
 10        (2)  Any person who operates a commercial motor vehicle and or who holds a
 11    class  A,  B or C driver's license is disqualified from operating a commercial
 12    motor vehicle for a period of not less than one (1) year if the person refuses
 13    to submit to a test to determine  the  driver's  alcohol  concentration  while
 14    operating a commercial motor vehicle.
 15        (3)  If  any  of  the  offenses specified in subsection (1) or (2) of this
 16    section occurred while  transporting  a  hazardous  material  required  to  be
 17    placarded,  the person is disqualified for a period of not less than three (3)
 18    years.
 19        (4)  A person is disqualified for the period of time specified in  49  CFR
 20    part  383  if  found  to have committed two (2) or more of any of the offenses
 21    specified in subsection (1) or (2) of this  section,  or  any  combination  of
 22    those offenses, arising from two (2) or more separate incidents.
 23        (5)  A  person  is disqualified for the period of time specified in 49 CFR
 24    part 383 from operating a commercial motor vehicle who uses a commercial motor
 25    vehicle in the commission of any felony involving the  manufacture,  distribu-
 26    tion,  or  dispensing of a controlled substance, or possession of a controlled
 27    substance with the intent to manufacture, distribute  or  dispense  such  con-
 28    trolled substance.
 29        (6)  A  person  is  disqualified from operating a commercial motor vehicle
 30    for a period of not less than sixty (60) days if convicted of two (2)  serious
 31    traffic violations, or one hundred twenty (120) days if convicted of three (3)
 32    or  more  serious  traffic violations, committed in a commercial motor vehicle
 33    arising from separate incidents occurring within a three (3)  year  period.  A
 34    conviction  for  reckless driving shall be considered a serious traffic viola-
 35    tion if committed while operating a commercial motor vehicle or  a  noncommer-
 36    cial motor vehicle, as specified in 49 CFR part 383.
 37        (7)  A person who drives, operates, or is in physical control of a commer-
 38    cial  motor  vehicle  within  this state while having any detectable amount of
 39    alcohol in his system or who refuses to submit to  an  alcohol  test  must  be
 40    placed  out of service for twenty-four (24) hours and be subject to the provi-
 41    sions of section 18-8002, Idaho Code.
 42        (8)  A person who is convicted in the form of a judgment or withheld judg-
 43    ment of a violation of an out-of-service  order  while  driving  a  commercial
 44    motor vehicle is disqualified for not less than:
 45        (a)  Ninety (90) days nor more than one (1) year for a first conviction;
 46        (b)  One  (1)  year  nor  more than five (5) years for a second conviction
 47        arising  from separate incidents during any ten (10) year period;
 48        (c)  Three (3) years nor more than five (5) years for three  (3)  or  more
 49        convictions  arising  from  separate  incidents  during  any ten (10) year
 50        period.
 51        (9)  A person who is convicted in the form of a judgment or withheld judg-
 52    ment of a violation of an out-of-service  order  while  driving  a  commercial
 53    motor  vehicle  and  while  transporting  hazardous  materials  required to be
 54    placarded under the hazardous materials transportation act, or while operating
 55    motor vehicles designed to transport sixteen (16) or more people including the
                                                                        
                                           25
                                                                        
  1    driver, is disqualified for not less than:
  2        (a)  One hundred eighty (180) days nor more than two (2) years for a first
  3        conviction;
  4        (b)  Three (3) years nor more than five (5) years for  subsequent  convic-
  5        tions arising from separate incidents in any ten (10) year period.
  6        (10) A person is disqualified from operating a commercial motor vehicle if
  7    convicted  of  a railroad grade crossing violation as specified in 49 CFR part
  8    383 or applicable state laws while operating a commercial motor  vehicle.  The
  9    disqualification shall be for a period of:
 10        (a)  Sixty (60) days for a first conviction;
 11        (b)  One  hundred  twenty  (120)  days  for a second conviction during any
 12        three (3) year period;
 13        (c)  One (1) year for a third or subsequent conviction  during  any  three
 14        (3) year period.
 15        (11) A  person  is  additionally  disqualified from operating a commercial
 16    motor vehicle in accordance with 49 CFR part 383 if such person  is  convicted
 17    of operating a commercial motor vehicle during a time when such person's class
 18    A,  B  or C driving privileges were revoked, suspended or canceled or during a
 19    time when such person was disqualified from operating a commercial motor vehi-
 20    cle.
 21        (12) A person is additionally disqualified  from  operating  a  commercial
 22    motor  vehicle  in  accordance  with 49 CFR part 383 if convicted of causing a
 23    fatality through the negligent operation of a commercial motor  vehicle.  Such
 24    negligent operation of a commercial motor vehicle may include, but is not lim-
 25    ited  to, the crimes of motor vehicle manslaughter, homicide by motor vehicle,
 26    or negligent homicide by motor vehicle.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                           RS 14449C1

This legislation will implement new federal requirements for
commercial driver licensing brought about by the Motor Carrier
Safety Improvement Act (MCSIA) of 1999. State implementation of
subsequent federal regulations is required no later than 
September 30, 2005. The provisions include various Commercial
Driver's License (CDL) disqualifications for new major offenses and
serious traffic violations; a new school bus CDL endorsement; a
ten-year license record check; civil and criminal penalties on CMV
drivers; and application of certain non-CMV driving convictions to
determine driver disqualification.   Non-compliance will result in
a loss of federal highway and motor Carrier Safety Assistance
Program (MCSAP) funding and could also result in decertification of
the state's CDL program.  Decertified states are prohibited from
issuance, renewal, transfer or upgrade of CDLs. 


                         FISCAL  IMPACT

If not implemented no further increase in FMCSA grant funding to
the Motor Carrier Safety Assistance Program.  Permanent loss of
Interstate Maintenance, National Highway System, and Surface
Transportation Program federal aid highway funds; 5% the first year
(approximately 6.6 million) and 10% in subsequent years
(approximately 13.2 million) If implemented programming will be
completed by transportation department staff programmers within
existing budget constraints.

Contact   
Name:     Ed Pemble
Agency:   Idaho Transportation Department
Phone:    332-7830


STATEMENT OF PURPOSE/FISCAL NOTE                    H 54