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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN 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 ornon-usenonuse 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 toinsureensure 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 issueathe 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 a10 (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) 19aboveof 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 vehicleandor 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 acommercialmotor 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 acommercialmotor 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 vehicleandor 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 acommercialmotor 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 acommercialmotor 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 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