2005 Legislation
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HOUSE BILL NO. 68 – Utility type vehicle, registration

HOUSE BILL NO. 68

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Bill Status



H0068aa.......................................by RESOURCES AND CONSERVATION
UTILITY TYPE VEHICLES - Amends existing law to provide for governance of
utility type vehicles; to define "utility type vehicle"; to govern
registration requirements; to provide representation on the Off-road Motor
Vehicle Advisory Committee; and to govern titling requirements for utility
type vehicles and bond requirements for dealers of utility type vehicles.
                                                                        
01/28    House intro - 1st rdg - to printing
01/31    Rpt prt - to Transp
02/25    Rpt out - to Gen Ord
03/01    Rpt out amen - to engros
03/02    Rpt engros - 1st rdg - to 2nd rdg as amen
03/03    2nd rdg - to 3rd rdg as amen
03/08    3rd rdg as amen - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Sali
    Floor Sponsor - Roberts
    Title apvd - to Senate
03/09    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 - Langhorst
    Title apvd - to House
03/23    To enrol
03/24    Rpt enrol - Sp signed
03/25    Pres signed
03/28    To Governor
03/30    Governor VETOED
03/31    Held at Desk
04/06    Filed in Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 68
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO GOVERNANCE OF UTILITY TYPE  VEHICLES;  AMENDING  SECTION  67-7101,
  3        IDAHO  CODE,  TO  DEFINE "UTILITY TYPE VEHICLE"; AMENDING SECTION 67-7122,
  4        IDAHO CODE, TO GOVERN REGISTRATION REQUIREMENTS; AMENDING SECTION 67-7128,
  5        IDAHO CODE, TO PROVIDE REPRESENTATION ON THE OFF-ROAD MOTOR VEHICLE  ADVI-
  6        SORY  COMMITTEE  AND  TO  MAKE  A  TECHNICAL  CORRECTION; AMENDING SECTION
  7        49-105, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL  CORREC-
  8        TIONS;  AMENDING SECTION 49-122, IDAHO CODE, TO DEFINE "UTILITY TYPE VEHI-
  9        CLE"; AMENDING SECTION 49-501, IDAHO CODE, TO GOVERN TITLING  REQUIREMENTS
 10        FOR  UTILITY  TYPE  VEHICLES; AND AMENDING SECTION 49-1608, IDAHO CODE, TO
 11        PROVIDE APPLICATION TO DEALERS OF UTILITY TYPE VEHICLES AND TO MAKE  TECH-
 12        NICAL CORRECTIONS.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Section 67-7101, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        67-7101.  DEFINITIONS. In this chapter:
 17        (1)  "All-terrain vehicle (ATV)" means any recreation vehicle  with  three
 18    (3) or more tires, under eight hundred fifty (850) pounds and forty-eight (48)
 19    inches  or less in width, having a wheelbase of sixty-one (61) inches or less,
 20    traveling on low-pressure tires of ten (10) psi or less.
 21        (2)  "Board" means the park and recreation board created  under  authority
 22    of section 67-4221, Idaho Code.
 23        (3)  "Bona  fide  snowmobile  program"  means  services  or  facilities as
 24    approved by the department that will benefit snowmobilers such  as  snowmobile
 25    trail  grooming,  plowing and maintaining snowmobile parking areas and facili-
 26    ties, and trail signing.
 27        (4)  "Dealer" means any person who engages  in  the  retail  sales  of  or
 28    rental of snowmobiles, motorbikes, or all-terrain vehicles.
 29        (5)  "Department" means the Idaho department of parks and recreation.
 30        (6)  "Designated  parking  area" means an area located, constructed, main-
 31    tained, and signed with the approval of the land manager or owner.
 32        (7)  "Director" means the director of the department of parks  and  recre-
 33    ation.
 34        (8)  "Highway."  (See  section  40-109,  Idaho  Code, but excepting public
 35    roadway as defined in this section).
 36        (9)  "Motorbike" means any self-propelled two (2)  wheeled  motorcycle  or
 37    motor-driven  cycle,  excluding  tractor, designed for or capable of traveling
 38    off developed roadways and highways and also referred to as trailbikes, enduro
 39    bikes, trials bikes, motocross bikes or dual purpose motorcycles.
 40        (10) "Operator"  means  any  person  who  is  in  physical  control  of  a
 41    motorbike, all-terrain vehicle, or snowmobile.
 42        (11) "Owner" means every person holding record title to a motorbike,  all-
 43    terrain  vehicle, or snowmobile and entitled to the use or possession thereof,
                                                                        
                                           2
                                                                        
  1    other than a lienholder or other person having a security interest only.
  2        (12) "Person" means an individual, partnership, association,  corporation,
  3    or  any  other  body  or  group  of  persons, whether incorporated or not, and
  4    regardless of the degree of formal organization.
  5        (13) "Public roadway" means all portions of any  highway  which  are  con-
  6    trolled by an authority other than the Idaho transportation department.
  7        (14) "Snowmobile"  means  any  self-propelled  vehicle  under one thousand
  8    (1,000) pounds unladened gross weight, designed primarily for travel  on  snow
  9    or  ice or over natural terrain, which may be steered by tracks, skis, or run-
 10    ners, and which is not otherwise registered or licensed under the laws of  the
 11    state of Idaho.
 12        (15) "Utility  type  vehicle  (UTV)" means any motor vehicle other than an
 13    ATV, motorbike or snowmobile as defined in  this  section,  designed  for  and
 14    capable of travel over unimproved terrain or unpaved roads. Utility type vehi-
 15    cle  does  not include golf carts, vehicles specially designed to carry a dis-
 16    abled person, implements of husbandry as defined in section  49-110(2),  Idaho
 17    Code,  or those vehicles used exclusively on private land for agricultural use
 18    or used exclusively for snow removal purposes.
 19        (16) "Vendor" means any entity authorized by the department to sell recre-
 20    ational registrations.
 21        (167) "Winter recreational parking  locations"  means  designated  parking
 22    areas  established  and  maintained with funds acquired from the cross-country
 23    skiing account.
                                                                        
 24        SECTION 2.  That Section 67-7122, Idaho Code, be, and the same  is  hereby
 25    amended to read as follows:
                                                                        
 26        67-7122.  REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) On or before Jan-
 27    uary  1  of  each  year, the owner of any all-terrain vehicle, or motorbike or
 28    utility type vehicle as defined in section 67-7101, Idaho Code, used off  pub-
 29    lic  highways  or  on  highways designated as prescribed in section 49-426(3),
 30    Idaho Code, but excluding those vehicles used exclusively on private land  for
 31    agricultural use or used exclusively for snow removal purposes, shall register
 32    that  vehicle at any vendor authorized by the department. A fee of ten dollars
 33    ($10.00) shall be charged for each registration, which fee includes a one dol-
 34    lar and fifty cent ($1.50) vendor fee. At the time of sale  from  any  dealer,
 35    each  motorbike,  or  all-terrain  vehicle  or utility type vehicle sold to an
 36    Idaho resident, but excluding those vehicles to be used exclusively on private
 37    land for agricultural use or used exclusively for snow removal purposes,  must
 38    be  registered  before it leaves the premises. Application blanks and stickers
 39    shall be supplied by the department and  the  registration  sticker  shall  be
 40    issued  to  the person making application for registration. The vendor issuing
 41    the registration sticker shall, upon receipt of the  application  in  approved
 42    form,  issue  to the applicant a motorbike/, ATV or UTV sticker and shall note
 43    the number of the sticker in his records and shall supply a duplicate copy  of
 44    the  application form, noting the number of the sticker issued, to the depart-
 45    ment. All stickers which are issued shall be in force through December  31  of
 46    the  issued  year.  All registration stickers shall be renewed by the owner of
 47    the all-terrain vehicle, or motorbike or utility type vehicle in the same man-
 48    ner provided for in the initial securing of the same. The issued sticker shall
 49    be placed upon the all-terrain vehicle, or motorbike or utility  type  vehicle
 50    in  such a manner that it is completely visible and shall be kept in a legible
 51    condition at all times.
 52        (2)  For operation of an all-terrain vehicle or motorbike  on  the  public
 53    highways,  the  vehicle shall also be registered pursuant to the provisions of
                                                                        
                                           3
                                                                        
  1    section 49-402, Idaho Code, except  for  those  highways  defined  in  section
  2    49-426, Idaho Code.
                                                                        
  3        SECTION  3.  That  Section 67-7128, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        67-7128.  OFF-ROAD MOTOR VEHICLE ADVISORY COMMITTEE -- CREATION --  SELEC-
  6    TION  --  TERM  OF  OFFICE  --  DUTY.  (1) The park and recreation board shall
  7    appoint an off-road motor vehicle advisory committee (ORMV) of nine  (9)  mem-
  8    bers.   The  membership  of  the advisory committee shall consist of three (3)
  9    members each from northern Idaho, southwestern Idaho, and southeastern  Idaho.
 10    Two  (2)  members  from  each  area  shall  represent  the  following  groups:
 11    motorbikes,  or  ATV or UTV riders and snowmobilers. One (1) member interested
 12    in ORMV projects shall be appointed from each area without regard to the  rec-
 13    reational  activity  in  which  that  member  participates and shall represent
 14    interests other than motorbike, or ATV or UTV riders  and  snowmobilers.  Each
 15    member  of  the  advisory committee shall be chosen by the park and recreation
 16    board to serve a term of four (4) years, except that the term of  the  initial
 17    appointees shall commence on the date of appointment and shall be of staggered
 18    lengths.    Each member of the advisory committee shall be a qualified elector
 19    of the state.  Duties shall include:
 20        (a)  Representing the best interests of  the  ORMV  users  and  activities
 21        which they represent in the district from which they are appointed;
 22        (b)  Advising the department as to whether proposed ORMV projects meet the
 23        needs of ORMV users in that area;
 24        (c)  Advising  the  department as to how funds can be used to rehabilitate
 25        areas on public or private lands and how the department can assist in  the
 26        enforcement of laws and regulations governing the use of off-road vehicles
 27        in the state of Idaho;
 28        (d)  The three (3) motorbike, or all-terrain vehicle or utility type vehi-
 29        cle  representatives  from  the  ORMV  advisory committee shall advise the
 30        department on matters relating to the use of moneys in the motorbike  rec-
 31        reation account as provided for in section 67-7127, Idaho Code.
 32        (2)  The  department  may reimburse members of the ORMV advisory committee
 33    for reasonable expenses incurred in the conduct of their official duties  pre-
 34    scribed in section 59-509(b), Idaho Code, and authorized by the department.
                                                                        
 35        SECTION  4.  That  Section  49-105, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        49-105.  DEFINITIONS -- D.
 38        (1)  "Dealer" means every person in the business  of  buying,  selling  or
 39    exchanging  five  (5)  or  more new or used vehicles, new or used motorcycles,
 40    snow machines or motor scooters, travel trailers, all-terrain vehicles,  util-
 41    ity  type  vehicles or motor homes in any calendar year, either outright or on
 42    conditional sale, bailment, lease, chattel mortgage, or otherwise, or who  has
 43    an  established  place  of  business for the sale, lease, trade, or display of
 44    these vehicles. No insurance company, bank, finance company, public  utilities
 45    company, or other person coming into possession of any vehicle, as an incident
 46    to  its  regular  business,  who shall sell that vehicle under any contractual
 47    rights it may have, shall be considered a dealer. See  also  "salvage  pool","
 48    section 49-120, Idaho Code.
 49        (2)  "Dealer's  selling  agreement."  (See  "Franchise","  section 49-107,
 50    Idaho Code)
 51        (3)  "Department"  means  the  Idaho  transportation   department   acting
                                                                        
                                           4
                                                                        
  1    directly  or  through its duly authorized officers and agents, except in chap-
  2    ters 6 and 9, title 49, Idaho Code, where  the  term  means  the  Idaho  state
  3    police, except as otherwise specifically provided.
  4        (4)  "Designated  family member" means the spouse, child, grandchild, par-
  5    ent, brother or sister of the owner of a vehicle dealership who, in the  event
  6    of  the  owner's  death,  is entitled to inherit the ownership interest in the
  7    dealership under the same terms of the owner's will, or who has been nominated
  8    in any other written instrument, or who, in the case of an incapacitated owner
  9    of a dealership, has been appointed by a court as the legal representative  of
 10    the dealer's property.
 11        (5)  "Director" means the director of the Idaho transportation department,
 12    except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
 13    director of the Idaho state police.
 14        (6)  "Disclose"  means to engage in any practice or conduct to make avail-
 15    able and make known personal information contained in records of  the  depart-
 16    ment  about a person to any other person, organization or entity, by any means
 17    of communication.
 18        (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
 19    the department of commercial vehicle driving privileges.
 20        (8)  "Distributor" means any person,  firm,  association,  corporation  or
 21    trust,  resident  or  nonresident,  who has a franchise from a manufacturer of
 22    vehicles to distribute vehicles in this state, and who in  whole  or  in  part
 23    sells or distributes new vehicles to dealers or who maintains distributor rep-
 24    resentatives.
 25        (9)  "Distributor  branch" means a branch office similarly maintained by a
 26    distributor for the same purposes a factory branch is maintained.
 27        (10) "Distributor representative" means  any  person,  firm,  association,
 28    corporation  or trust, and each officer and employee thereof engaged as a rep-
 29    resentative of a distributor or distributor branch of vehicles for the purpose
 30    of making or promoting the sale of vehicles, or for supervising or  contacting
 31    dealers or prospective dealers.
 32        (11) "District" means:
 33        (a)  Business district.  The territory contiguous to and including a high-
 34        way  when  within  any  six hundred (600) feet along the highway there are
 35        buildings in use for business or industrial  purposes,  including  hotels,
 36        banks  or  office  buildings, railroad stations and public buildings which
 37        occupy at least three hundred (300) feet of frontage on one side or  three
 38        hundred (300) feet collectively on both sides of the highway.
 39        (b)  Residential  district.   The  territory contiguous to and including a
 40        highway not comprising a business district when the property on the  high-
 41        way  for  a  distance  of  three hundred (300) feet or more is in the main
 42        improved with residences, or residences and buildings in use for business.
 43        (c)  Urban district. The territory contiguous to and including any highway
 44        which is built up with structures devoted to business, industry or  dwell-
 45        ing  houses.  For purposes of establishing speed limits in accordance with
 46        the provisions of section 49-654, Idaho Code, no state highway or any por-
 47        tion thereof lying within the boundaries of an urban district  is  subject
 48        to  the  limitations  which otherwise apply to nonstate highways within an
 49        urban district. Provided, this subsection shall not limit the authority of
 50        the duly elected officials of an  incorporated  city  acting  as  a  local
 51        authority  to  decrease speed limits on state highways passing through any
 52        district within the incorporated city.
 53        (12) "Documented vessel" means a vessel having a valid marine document  as
 54    a vessel of the United States.
 55        (13) "Drag  race"  means  the operation of two (2) or more vehicles from a
                                                                        
                                           5
                                                                        
  1    point side by side at accelerating speeds in a competitive attempt to  outdis-
  2    tance  each  other, or the operation of one (1) or more vehicles over a common
  3    selected course, from the same point to the same point,  for  the  purpose  of
  4    comparing  the relative speeds or power of acceleration of the vehicles within
  5    a certain distance or time limit.
  6        (14) "Driver" means every person who drives or is in actual physical  con-
  7    trol of a vehicle.
  8        (15) "Driver's license" means a license or permit issued by the department
  9    or  by any other jurisdiction to an individual which authorizes the individual
 10    to operate a motor vehicle or commercial motor  vehicle  on  the  highways  in
 11    accordance with the requirements of title 49, Idaho Code.
 12        (16) "Driver's  license  -- cClasses of" are issued for the operation of a
 13    vehicle based on the size of the vehicle or the type of load and mean:
 14        (a)  Class A. This license shall be issued and valid for the operation  of
 15        any  combination of motor vehicles with a manufacturer's gross combination
 16        weight rating (GCWR) in excess of  twenty-six  thousand  (26,000)  pounds,
 17        provided  the  manufacturer's  gross  vehicle  weight rating (GVWR) of the
 18        vehicle(s) being towed is in excess of ten thousand (10,000) pounds.  Per-
 19        sons holding a valid class A license may also operate vehicles requiring a
 20        class B, C, or D license.
 21        (b)  Class  B. This license shall be issued and valid for the operation of
 22        any single vehicle with  a  manufacturer's  gross  vehicle  weight  rating
 23        (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
 24        cle  towing  a  vehicle  not  in  excess  of  ten thousand (10,000) pounds
 25        manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
 26        class B license may also operate vehicles requiring a class C license or a
 27        class D license.
 28        (c)  Class C. This license shall be issued and valid for the operation  of
 29        any single vehicle or combination of vehicles that does not meet the defi-
 30        nition  of class A or class B, as defined in this section, but that either
 31        is designed to transport sixteen (16) or more people including the driver,
 32        or is of any size which does not meet the definition of class A or class B
 33        and is used in the transportation  of  materials  found  to  be  hazardous
 34        according  to the hazardous material transportation act and which requires
 35        the motor vehicle to be placarded under the  federal  hazardous  materials
 36        regulations  49  CFR  part 172, subpart F. Persons holding a valid class C
 37        license may also operate vehicles requiring a class D license.
 38        (d)  Class D. This license shall be issued and valid for the operation  of
 39        a  motor  vehicle  that  is not a commercial vehicle as defined in section
 40        49-123, Idaho Code.
 41        (e)  "Seasonal driver's license" means a special restricted class B  or  C
 42        driver's  license  to  operate certain commercial vehicles in farm-related
 43        industries under restrictions imposed by the department. As used  in  this
 44        definition,  "farm-related  industry"  shall  mean custom harvesters, farm
 45        retail outlets  and  suppliers,  agri-chemical  businesses  and  livestock
 46        feeders.  Seasonal  driver's  licenses  are not valid for driving vehicles
 47        carrying any quantities of hazardous material requiring placarding, except
 48        for diesel fuel in quantities of one thousand  (1,000)  gallons  or  less,
 49        liquid  fertilizers,  i.e.,  plant nutrients, in vehicles or implements of
 50        husbandry with total capacities of three thousand (3,000) gallons or less,
 51        and solid fertilizers, i.e., solid plant nutrients,  that  are  not  mixed
 52        with any organic substance.
 53        (17) "Driver  record"  means  any  record that pertains to an individual's
 54    driver's license, driving permit, driving privileges, driving history, identi-
 55    fication documents or other similar credentials issued by the department.
                                                                        
                                           6
                                                                        
  1        (18) "Driver's license endorsements" means special authorizations that are
  2    required to be displayed on a driver's license  which  permit  the  driver  to
  3    operate  certain  types  of commercial vehicles or commercial vehicles hauling
  4    certain types of cargo, or to operate a motorcycle.
  5        (a)  "Endorsement T -- Double/tTriple trailer" means this  endorsement  is
  6        required  on a class A, B or C license to permit the licensee to operate a
  7        vehicle authorized to tow more than one (1) trailer.
  8        (b)  "Endorsement H --  Hazardous  material"  means  this  endorsement  is
  9        required on a class A, B or C license if the driver is operating a vehicle
 10        used in the transportation of materials found to be hazardous according to
 11        the  hazardous  material  transportation  act and which requires the motor
 12        vehicle to be placarded under the federal hazardous materials  regulations
 13        49 CFR part 172, subpart F.
 14        (c)  "Endorsement  P -- Passenger" means this endorsement is required on a
 15        class A, B or C license to  permit  the  licensee  to  operate  a  vehicle
 16        designed to transport sixteen (16) or more people including the driver.
 17        (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
 18        a  class  A,  B  or  C license to permit the licensee to operate a vehicle
 19        which is designed to transport any liquid or gaseous  materials  within  a
 20        tank  that  is  either permanently or temporarily attached to the vehicle.
 21        Such vehicles include, but are not limited to, cargo  tanks  and  portable
 22        tanks,  as defined in federal regulations 49 CFR part 171. This definition
 23        does not include portable tanks having a rated capacity under one thousand
 24        (1,000) gallons.
 25        (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
 26        driver's license to permit the driver to operate a motorcycle.
 27        (19) "Driveway" means a private road giving access from a public way to  a
 28    building on abutting grounds.
 29        (20) "Dromedary  tractor" means every motor vehicle designed and used pri-
 30    marily for drawing a semitrailer and so constructed  as  to  carry  manifested
 31    cargo in addition to a part of the weight of the semitrailer.
                                                                        
 32        SECTION  5.  That  Section  49-122, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        49-122.  DEFINITIONS -- U.
 35        (1)  "Unauthorized vehicle" means any vehicle parked or otherwise left  on
 36    private  property without the consent of the person owning or controlling that
 37    property.
 38        (2)  "United States" means the fifty  (50)  states  and  the  District  of
 39    Columbia.
 40        (3)  "Unladen weight." (See "Light weight," section 49-113, Idaho Code)
 41        (4)  "Unregistered  vehicle"  means a vehicle without current registration
 42    on file with the department or with the appropriate agency of  another  state,
 43    unless exempt from registration.
 44        (5)  "Unusual noise." (See "Excessive," section 49-106, Idaho Code)
 45        (6)  "Urban district." (See "District," section 49-105, Idaho Code)
 46        (7)  "Utility  trailer"  means a trailer or semitrailer designed primarily
 47    to  be drawn behind a passenger car or pickup truck for domestic  and  utility
 48    purposes.  Utility  or  domestic  use shall include a farm trailer while being
 49    used to haul agricultural products or livestock from farm to  storage,  market
 50    or processing plant, or returning therefrom.
 51        (8)  "Utility  type  vehicle  (UTV)" means any motor vehicle other than an
 52    ATV, motorbike or snowmobile  as  defined  in  section  67-7101,  Idaho  Code,
 53    designed  for  and capable of travel over unimproved terrain or unpaved roads.
                                                                        
                                           7
                                                                        
  1    Utility type vehicle does not include golf carts, vehicles specially  designed
  2    to  carry  a  disabled  person,  implements of husbandry as defined in section
  3    49-110(2), Idaho Code, or those vehicles used exclusively on private land  for
  4    agricultural use or used exclusively for snow removal purposes.
                                                                        
  5        SECTION  6.  That  Section  49-501, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        49-501.  TITLING REQUIREMENTS -- EXEMPTIONS. (1) The  provisions  of  this
  8    chapter  shall  apply  to  every  vehicle  required  to be registered with the
  9    department in chapter 4, title 49, Idaho Code.
 10        (2)  In addition, the titling requirements of this chapter shall apply  to
 11    the  following vehicles which are not required to be registered under the pro-
 12    visions of chapter 4, title 49, Idaho Code:
 13        (a)  All-terrain vehicles, motorbikes, and snowmobiles  and  utility  type
 14        vehicles as defined in section 67-7101, Idaho Code; and
 15        (b)  Manufactured homes as defined in section 39-4105, Idaho Code.
 16        (3)  Certain vehicles which are required to be registered under the provi-
 17    sions  of  chapter  4,  title 49, Idaho Code, shall be exempt from the titling
 18    requirements of this chapter as follows:
 19        (a)  Utility trailers whose unladen  weight  is  less  than  two  thousand
 20        (2,000) pounds; and
 21        (b)  The board may, by rule, exempt vehicles and motor vehicles registered
 22        under  provisions  of  sections  49-434  and  49-435, Idaho Code, from the
 23        titling requirements of this chapter.
 24        (4)  Vehicles exempt from registration under  the  provisions  of  section
 25    49-426,  Idaho Code, are exempt from the titling requirements of this chapter,
 26    unless otherwise specifically required by the provisions of subsection (2)  of
 27    this section.
                                                                        
 28        SECTION  7.  That  Section 49-1608, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        49-1608.  LICENSE BOND. (1) Before any dealer's license shall be issued by
 31    the department to any applicant, the applicant shall procure and file with the
 32    department good and sufficient bond in the amount shown, conditioned that  the
 33    applicant  shall not practice any fraud, make any fraudulent representation or
 34    violate any of the provisions of this chapter, rules and  regulations  of  the
 35    department,  or provisions of chapter 5, title 49, section 49-1418, or chapter
 36    6, title 48, Idaho Code, or federal motor vehicle safety standards, or  odome-
 37    ter fraud in the conduct of the business for which he is licensed.
 38        (a)  All  dealers, including wholesale, but excluding a dealer exclusively
 39        in the business of motorcycles and motor scooters,  all-terrain  vehicles,
 40        utility  type  vehicles  and  snow  machine sales, twenty thousand dollars
 41        ($20,000).
 42        (b)  A dealer exclusively in the business of motorcycle and motor  scooter
 43        sales, all-terrain vehicles, utility type vehicles and snow machine sales,
 44        ten thousand dollars ($10,000).
 45        (2)  The  bond  required in this section may be continuous in form and the
 46    total aggregate liability on the bond shall be limited to the payment  of  the
 47    amounts set forth in this section. The bond shall be in the following form:
 48        (a)  A  corporate surety bond, by a surety licensed to do business in this
 49        state; or
 50        (b)  A certificate of deposit, in a form prescribed by the director; or
 51        (c)  A cash deposit with the director.
                                                                        
                                           8
                                                                        
  1        (3)  If a bond is cancelled canceled or otherwise  becomes  invalid,  upon
  2    receiving notice of the cancellation or invalidity, the department shall imme-
  3    diately  suspend  the  dealer's  license  and  take  possession of the license
  4    itself, all vehicle plates used in the business and all unused title  applica-
  5    tions  of  the  licensee. The licensee is entitled to a hearing which shall be
  6    held within twenty (20) days of the suspension. Upon receiving notice  that  a
  7    valid  bond  is  in  force,  the  department  shall  immediately reinstate the
  8    license.
  9        (4)  The bond requirements of this  section  shall  be  satisfied  if  the
 10    applicant is a duly licensed manufactured home dealer in accordance with chap-
 11    ter  21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho
 12    Code, otherwise meets the requirements of this section. The amount of the bond
 13    shall be in the amount as required in this section or that required in section
 14    44-2103, Idaho Code, whichever is greater. The applicant shall furnish a  cer-
 15    tified  copy  of  the  bond as required in section 44-2103, Idaho Code, to the
 16    department.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Mitchell            
                                                                        
                                                     Seconded by Roberts             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE AMENDMENT TO H.B. NO. 68
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2  of the printed bill, in line 12,  following "any" insert: "rec-
  3    reational";  in  line  14,  delete  "unimproved  terrain   or"   and   insert:
  4    "designated";  and  also in line 14, following "roads" insert: ", traveling on
  5    four (4) or more low-pressure tires of ten (10) psi  or  less,  maximum  width
  6    less  than sixty (60) inches, maximum weight less than one thousand eight hun-
  7    dred fifty (1,850) pounds, or having a wheelbase  of  ninety  (90)  inches  or
  8    less"; in line 16, following "person," insert: "or"; and in line 17, following
  9    "Code" delete the remainder of the line and delete all of line 18, and insert:
 10    ".".
                                                                        
 11                               AMENDMENTS TO SECTION 5
 12        On page 6, in line 51, following "any" insert: "recreational"; in line 53,
 13    delete  "unimproved  terrain or" and insert: "designated"; and also in line 53
 14    following "roads" insert: ", traveling on four (4) or more low-pressure  tires
 15    of  ten  (10)  psi or less, maximum width less than sixty (60) inches, maximum
 16    weight less than one thousand eight hundred fifty (1,850) pounds, or having  a
 17    wheelbase  of  ninety  (90)  inches  or less"; on page 7, in line 2, following
 18    "person," insert: "or"; and in line 3, following "Code" delete  the  remainder
 19    of the line and delete all of line 4, and insert: ".".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 68, As Amended
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO GOVERNANCE OF UTILITY TYPE  VEHICLES;  AMENDING  SECTION  67-7101,
  3        IDAHO  CODE,  TO  DEFINE "UTILITY TYPE VEHICLE"; AMENDING SECTION 67-7122,
  4        IDAHO CODE, TO GOVERN REGISTRATION REQUIREMENTS; AMENDING SECTION 67-7128,
  5        IDAHO CODE, TO PROVIDE REPRESENTATION ON THE OFF-ROAD MOTOR VEHICLE  ADVI-
  6        SORY  COMMITTEE  AND  TO  MAKE  A  TECHNICAL  CORRECTION; AMENDING SECTION
  7        49-105, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL  CORREC-
  8        TIONS;  AMENDING SECTION 49-122, IDAHO CODE, TO DEFINE "UTILITY TYPE VEHI-
  9        CLE"; AMENDING SECTION 49-501, IDAHO CODE, TO GOVERN TITLING  REQUIREMENTS
 10        FOR  UTILITY  TYPE  VEHICLES; AND AMENDING SECTION 49-1608, IDAHO CODE, TO
 11        PROVIDE APPLICATION TO DEALERS OF UTILITY TYPE VEHICLES AND TO MAKE  TECH-
 12        NICAL CORRECTIONS.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Section 67-7101, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        67-7101.  DEFINITIONS. In this chapter:
 17        (1)  "All-terrain vehicle (ATV)" means any recreation vehicle  with  three
 18    (3) or more tires, under eight hundred fifty (850) pounds and forty-eight (48)
 19    inches  or less in width, having a wheelbase of sixty-one (61) inches or less,
 20    traveling on low-pressure tires of ten (10) psi or less.
 21        (2)  "Board" means the park and recreation board created  under  authority
 22    of section 67-4221, Idaho Code.
 23        (3)  "Bona  fide  snowmobile  program"  means  services  or  facilities as
 24    approved by the department that will benefit snowmobilers such  as  snowmobile
 25    trail  grooming,  plowing and maintaining snowmobile parking areas and facili-
 26    ties, and trail signing.
 27        (4)  "Dealer" means any person who engages  in  the  retail  sales  of  or
 28    rental of snowmobiles, motorbikes, or all-terrain vehicles.
 29        (5)  "Department" means the Idaho department of parks and recreation.
 30        (6)  "Designated  parking  area" means an area located, constructed, main-
 31    tained, and signed with the approval of the land manager or owner.
 32        (7)  "Director" means the director of the department of parks  and  recre-
 33    ation.
 34        (8)  "Highway."  (See  section  40-109,  Idaho  Code, but excepting public
 35    roadway as defined in this section).
 36        (9)  "Motorbike" means any self-propelled two (2)  wheeled  motorcycle  or
 37    motor-driven  cycle,  excluding  tractor, designed for or capable of traveling
 38    off developed roadways and highways and also referred to as trailbikes, enduro
 39    bikes, trials bikes, motocross bikes or dual purpose motorcycles.
 40        (10) "Operator"  means  any  person  who  is  in  physical  control  of  a
 41    motorbike, all-terrain vehicle, or snowmobile.
 42        (11) "Owner" means every person holding record title to a motorbike,  all-
 43    terrain  vehicle, or snowmobile and entitled to the use or possession thereof,
                                                                        
                                           2
                                                                        
  1    other than a lienholder or other person having a security interest only.
  2        (12) "Person" means an individual, partnership, association,  corporation,
  3    or  any  other  body  or  group  of  persons, whether incorporated or not, and
  4    regardless of the degree of formal organization.
  5        (13) "Public roadway" means all portions of any  highway  which  are  con-
  6    trolled by an authority other than the Idaho transportation department.
  7        (14) "Snowmobile"  means  any  self-propelled  vehicle  under one thousand
  8    (1,000) pounds unladened gross weight, designed primarily for travel  on  snow
  9    or  ice or over natural terrain, which may be steered by tracks, skis, or run-
 10    ners, and which is not otherwise registered or licensed under the laws of  the
 11    state of Idaho.
 12        (15) "Utility  type  vehicle  (UTV)"  means any recreational motor vehicle
 13    other than an ATV,  motorbike  or  snowmobile  as  defined  in  this  section,
 14    designed for and capable of travel over designated unpaved roads, traveling on
 15    four  (4)  or  more  low-pressure tires of ten (10) psi or less, maximum width
 16    less than sixty (60) inches, maximum weight less than one thousand eight  hun-
 17    dred  fifty  (1,850)  pounds,  or  having a wheelbase of ninety (90) inches or
 18    less. Utility type vehicle does not include  golf  carts,  vehicles  specially
 19    designed  to carry a disabled person, or implements of husbandry as defined in
 20    section 49-110(2), Idaho Code.
 21        (16) "Vendor" means any entity authorized by the department to sell recre-
 22    ational registrations.
 23        (167) "Winter recreational parking  locations"  means  designated  parking
 24    areas  established  and  maintained with funds acquired from the cross-country
 25    skiing account.
                                                                        
 26        SECTION 2.  That Section 67-7122, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        67-7122.  REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) On or before Jan-
 29    uary  1  of  each  year, the owner of any all-terrain vehicle, or motorbike or
 30    utility type vehicle as defined in section 67-7101, Idaho Code, used off  pub-
 31    lic  highways  or  on  highways designated as prescribed in section 49-426(3),
 32    Idaho Code, but excluding those vehicles used exclusively on private land  for
 33    agricultural use or used exclusively for snow removal purposes, shall register
 34    that  vehicle at any vendor authorized by the department. A fee of ten dollars
 35    ($10.00) shall be charged for each registration, which fee includes a one dol-
 36    lar and fifty cent ($1.50) vendor fee. At the time of sale  from  any  dealer,
 37    each  motorbike,  or  all-terrain  vehicle  or utility type vehicle sold to an
 38    Idaho resident, but excluding those vehicles to be used exclusively on private
 39    land for agricultural use or used exclusively for snow removal purposes,  must
 40    be  registered  before it leaves the premises. Application blanks and stickers
 41    shall be supplied by the department and  the  registration  sticker  shall  be
 42    issued  to  the person making application for registration. The vendor issuing
 43    the registration sticker shall, upon receipt of the  application  in  approved
 44    form,  issue  to the applicant a motorbike/, ATV or UTV sticker and shall note
 45    the number of the sticker in his records and shall supply a duplicate copy  of
 46    the  application form, noting the number of the sticker issued, to the depart-
 47    ment. All stickers which are issued shall be in force through December  31  of
 48    the  issued  year.  All registration stickers shall be renewed by the owner of
 49    the all-terrain vehicle, or motorbike or utility type vehicle in the same man-
 50    ner provided for in the initial securing of the same. The issued sticker shall
 51    be placed upon the all-terrain vehicle, or motorbike or utility  type  vehicle
 52    in  such a manner that it is completely visible and shall be kept in a legible
 53    condition at all times.
                                                                        
                                           3
                                                                        
  1        (2)  For operation of an all-terrain vehicle or motorbike  on  the  public
  2    highways,  the  vehicle shall also be registered pursuant to the provisions of
  3    section 49-402, Idaho Code, except  for  those  highways  defined  in  section
  4    49-426, Idaho Code.
                                                                        
  5        SECTION  3.  That  Section 67-7128, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        67-7128.  OFF-ROAD MOTOR VEHICLE ADVISORY COMMITTEE -- CREATION --  SELEC-
  8    TION  --  TERM  OF  OFFICE  --  DUTY.  (1) The park and recreation board shall
  9    appoint an off-road motor vehicle advisory committee (ORMV) of nine  (9)  mem-
 10    bers.   The  membership  of  the advisory committee shall consist of three (3)
 11    members each from northern Idaho, southwestern Idaho, and southeastern  Idaho.
 12    Two  (2)  members  from  each  area  shall  represent  the  following  groups:
 13    motorbikes,  or  ATV or UTV riders and snowmobilers. One (1) member interested
 14    in ORMV projects shall be appointed from each area without regard to the  rec-
 15    reational  activity  in  which  that  member  participates and shall represent
 16    interests other than motorbike, or ATV or UTV riders  and  snowmobilers.  Each
 17    member  of  the  advisory committee shall be chosen by the park and recreation
 18    board to serve a term of four (4) years, except that the term of  the  initial
 19    appointees shall commence on the date of appointment and shall be of staggered
 20    lengths.    Each member of the advisory committee shall be a qualified elector
 21    of the state.  Duties shall include:
 22        (a)  Representing the best interests of  the  ORMV  users  and  activities
 23        which they represent in the district from which they are appointed;
 24        (b)  Advising the department as to whether proposed ORMV projects meet the
 25        needs of ORMV users in that area;
 26        (c)  Advising  the  department as to how funds can be used to rehabilitate
 27        areas on public or private lands and how the department can assist in  the
 28        enforcement of laws and regulations governing the use of off-road vehicles
 29        in the state of Idaho;
 30        (d)  The three (3) motorbike, or all-terrain vehicle or utility type vehi-
 31        cle  representatives  from  the  ORMV  advisory committee shall advise the
 32        department on matters relating to the use of moneys in the motorbike  rec-
 33        reation account as provided for in section 67-7127, Idaho Code.
 34        (2)  The  department  may reimburse members of the ORMV advisory committee
 35    for reasonable expenses incurred in the conduct of their official duties  pre-
 36    scribed in section 59-509(b), Idaho Code, and authorized by the department.
                                                                        
 37        SECTION  4.  That  Section  49-105, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        49-105.  DEFINITIONS -- D.
 40        (1)  "Dealer" means every person in the business  of  buying,  selling  or
 41    exchanging  five  (5)  or  more new or used vehicles, new or used motorcycles,
 42    snow machines or motor scooters, travel trailers, all-terrain vehicles,  util-
 43    ity  type  vehicles or motor homes in any calendar year, either outright or on
 44    conditional sale, bailment, lease, chattel mortgage, or otherwise, or who  has
 45    an  established  place  of  business for the sale, lease, trade, or display of
 46    these vehicles. No insurance company, bank, finance company, public  utilities
 47    company, or other person coming into possession of any vehicle, as an incident
 48    to  its  regular  business,  who shall sell that vehicle under any contractual
 49    rights it may have, shall be considered a dealer. See  also  "salvage  pool","
 50    section 49-120, Idaho Code.
 51        (2)  "Dealer's  selling  agreement."  (See  "Franchise","  section 49-107,
                                                                        
                                           4
                                                                        
  1    Idaho Code)
  2        (3)  "Department"  means  the  Idaho  transportation   department   acting
  3    directly  or  through its duly authorized officers and agents, except in chap-
  4    ters 6 and 9, title 49, Idaho Code, where  the  term  means  the  Idaho  state
  5    police, except as otherwise specifically provided.
  6        (4)  "Designated  family member" means the spouse, child, grandchild, par-
  7    ent, brother or sister of the owner of a vehicle dealership who, in the  event
  8    of  the  owner's  death,  is entitled to inherit the ownership interest in the
  9    dealership under the same terms of the owner's will, or who has been nominated
 10    in any other written instrument, or who, in the case of an incapacitated owner
 11    of a dealership, has been appointed by a court as the legal representative  of
 12    the dealer's property.
 13        (5)  "Director" means the director of the Idaho transportation department,
 14    except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
 15    director of the Idaho state police.
 16        (6)  "Disclose"  means to engage in any practice or conduct to make avail-
 17    able and make known personal information contained in records of  the  depart-
 18    ment  about a person to any other person, organization or entity, by any means
 19    of communication.
 20        (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
 21    the department of commercial vehicle driving privileges.
 22        (8)  "Distributor" means any person,  firm,  association,  corporation  or
 23    trust,  resident  or  nonresident,  who has a franchise from a manufacturer of
 24    vehicles to distribute vehicles in this state, and who in  whole  or  in  part
 25    sells or distributes new vehicles to dealers or who maintains distributor rep-
 26    resentatives.
 27        (9)  "Distributor  branch" means a branch office similarly maintained by a
 28    distributor for the same purposes a factory branch is maintained.
 29        (10) "Distributor representative" means  any  person,  firm,  association,
 30    corporation  or trust, and each officer and employee thereof engaged as a rep-
 31    resentative of a distributor or distributor branch of vehicles for the purpose
 32    of making or promoting the sale of vehicles, or for supervising or  contacting
 33    dealers or prospective dealers.
 34        (11) "District" means:
 35        (a)  Business district.  The territory contiguous to and including a high-
 36        way  when  within  any  six hundred (600) feet along the highway there are
 37        buildings in use for business or industrial  purposes,  including  hotels,
 38        banks  or  office  buildings, railroad stations and public buildings which
 39        occupy at least three hundred (300) feet of frontage on one side or  three
 40        hundred (300) feet collectively on both sides of the highway.
 41        (b)  Residential  district.   The  territory contiguous to and including a
 42        highway not comprising a business district when the property on the  high-
 43        way  for  a  distance  of  three hundred (300) feet or more is in the main
 44        improved with residences, or residences and buildings in use for business.
 45        (c)  Urban district. The territory contiguous to and including any highway
 46        which is built up with structures devoted to business, industry or  dwell-
 47        ing  houses.  For purposes of establishing speed limits in accordance with
 48        the provisions of section 49-654, Idaho Code, no state highway or any por-
 49        tion thereof lying within the boundaries of an urban district  is  subject
 50        to  the  limitations  which otherwise apply to nonstate highways within an
 51        urban district. Provided, this subsection shall not limit the authority of
 52        the duly elected officials of an  incorporated  city  acting  as  a  local
 53        authority  to  decrease speed limits on state highways passing through any
 54        district within the incorporated city.
 55        (12) "Documented vessel" means a vessel having a valid marine document  as
                                                                        
                                           5
                                                                        
  1    a vessel of the United States.
  2        (13) "Drag  race"  means  the operation of two (2) or more vehicles from a
  3    point side by side at accelerating speeds in a competitive attempt to  outdis-
  4    tance  each  other, or the operation of one (1) or more vehicles over a common
  5    selected course, from the same point to the same point,  for  the  purpose  of
  6    comparing  the relative speeds or power of acceleration of the vehicles within
  7    a certain distance or time limit.
  8        (14) "Driver" means every person who drives or is in actual physical  con-
  9    trol of a vehicle.
 10        (15) "Driver's license" means a license or permit issued by the department
 11    or  by any other jurisdiction to an individual which authorizes the individual
 12    to operate a motor vehicle or commercial motor  vehicle  on  the  highways  in
 13    accordance with the requirements of title 49, Idaho Code.
 14        (16) "Driver's  license  -- cClasses of" are issued for the operation of a
 15    vehicle based on the size of the vehicle or the type of load and mean:
 16        (a)  Class A. This license shall be issued and valid for the operation  of
 17        any  combination of motor vehicles with a manufacturer's gross combination
 18        weight rating (GCWR) in excess of  twenty-six  thousand  (26,000)  pounds,
 19        provided  the  manufacturer's  gross  vehicle  weight rating (GVWR) of the
 20        vehicle(s) being towed is in excess of ten thousand (10,000) pounds.  Per-
 21        sons holding a valid class A license may also operate vehicles requiring a
 22        class B, C, or D license.
 23        (b)  Class  B. This license shall be issued and valid for the operation of
 24        any single vehicle with  a  manufacturer's  gross  vehicle  weight  rating
 25        (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
 26        cle  towing  a  vehicle  not  in  excess  of  ten thousand (10,000) pounds
 27        manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
 28        class B license may also operate vehicles requiring a class C license or a
 29        class D license.
 30        (c)  Class C. This license shall be issued and valid for the operation  of
 31        any single vehicle or combination of vehicles that does not meet the defi-
 32        nition  of class A or class B, as defined in this section, but that either
 33        is designed to transport sixteen (16) or more people including the driver,
 34        or is of any size which does not meet the definition of class A or class B
 35        and is used in the transportation  of  materials  found  to  be  hazardous
 36        according  to the hazardous material transportation act and which requires
 37        the motor vehicle to be placarded under the  federal  hazardous  materials
 38        regulations  49  CFR  part 172, subpart F. Persons holding a valid class C
 39        license may also operate vehicles requiring a class D license.
 40        (d)  Class D. This license shall be issued and valid for the operation  of
 41        a  motor  vehicle  that  is not a commercial vehicle as defined in section
 42        49-123, Idaho Code.
 43        (e)  "Seasonal driver's license" means a special restricted class B  or  C
 44        driver's  license  to  operate certain commercial vehicles in farm-related
 45        industries under restrictions imposed by the department. As used  in  this
 46        definition,  "farm-related  industry"  shall  mean custom harvesters, farm
 47        retail outlets  and  suppliers,  agri-chemical  businesses  and  livestock
 48        feeders.  Seasonal  driver's  licenses  are not valid for driving vehicles
 49        carrying any quantities of hazardous material requiring placarding, except
 50        for diesel fuel in quantities of one thousand  (1,000)  gallons  or  less,
 51        liquid  fertilizers,  i.e.,  plant nutrients, in vehicles or implements of
 52        husbandry with total capacities of three thousand (3,000) gallons or less,
 53        and solid fertilizers, i.e., solid plant nutrients,  that  are  not  mixed
 54        with any organic substance.
 55        (17) "Driver  record"  means  any  record that pertains to an individual's
                                                                        
                                           6
                                                                        
  1    driver's license, driving permit, driving privileges, driving history, identi-
  2    fication documents or other similar credentials issued by the department.
  3        (18) "Driver's license endorsements" means special authorizations that are
  4    required to be displayed on a driver's license  which  permit  the  driver  to
  5    operate  certain  types  of commercial vehicles or commercial vehicles hauling
  6    certain types of cargo, or to operate a motorcycle.
  7        (a)  "Endorsement T -- Double/tTriple trailer" means this  endorsement  is
  8        required  on a class A, B or C license to permit the licensee to operate a
  9        vehicle authorized to tow more than one (1) trailer.
 10        (b)  "Endorsement H --  Hazardous  material"  means  this  endorsement  is
 11        required on a class A, B or C license if the driver is operating a vehicle
 12        used in the transportation of materials found to be hazardous according to
 13        the  hazardous  material  transportation  act and which requires the motor
 14        vehicle to be placarded under the federal hazardous materials  regulations
 15        49 CFR part 172, subpart F.
 16        (c)  "Endorsement  P -- Passenger" means this endorsement is required on a
 17        class A, B or C license to  permit  the  licensee  to  operate  a  vehicle
 18        designed to transport sixteen (16) or more people including the driver.
 19        (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
 20        a  class  A,  B  or  C license to permit the licensee to operate a vehicle
 21        which is designed to transport any liquid or gaseous  materials  within  a
 22        tank  that  is  either permanently or temporarily attached to the vehicle.
 23        Such vehicles include, but are not limited to, cargo  tanks  and  portable
 24        tanks,  as defined in federal regulations 49 CFR part 171. This definition
 25        does not include portable tanks having a rated capacity under one thousand
 26        (1,000) gallons.
 27        (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
 28        driver's license to permit the driver to operate a motorcycle.
 29        (19) "Driveway" means a private road giving access from a public way to  a
 30    building on abutting grounds.
 31        (20) "Dromedary  tractor" means every motor vehicle designed and used pri-
 32    marily for drawing a semitrailer and so constructed  as  to  carry  manifested
 33    cargo in addition to a part of the weight of the semitrailer.
                                                                        
 34        SECTION  5.  That  Section  49-122, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        49-122.  DEFINITIONS -- U.
 37        (1)  "Unauthorized vehicle" means any vehicle parked or otherwise left  on
 38    private  property without the consent of the person owning or controlling that
 39    property.
 40        (2)  "United States" means the fifty  (50)  states  and  the  District  of
 41    Columbia.
 42        (3)  "Unladen weight." (See "Light weight," section 49-113, Idaho Code)
 43        (4)  "Unregistered  vehicle"  means a vehicle without current registration
 44    on file with the department or with the appropriate agency of  another  state,
 45    unless exempt from registration.
 46        (5)  "Unusual noise." (See "Excessive," section 49-106, Idaho Code)
 47        (6)  "Urban district." (See "District," section 49-105, Idaho Code)
 48        (7)  "Utility  trailer"  means a trailer or semitrailer designed primarily
 49    to be drawn behind a passenger car or pickup truck for  domestic  and  utility
 50    purposes.  Utility  or  domestic  use shall include a farm trailer while being
 51    used to haul agricultural products or livestock from farm to  storage,  market
 52    or processing plant, or returning therefrom.
 53        (8)  "Utility  type  vehicle  (UTV)"  means any recreational motor vehicle
                                                                        
                                           7
                                                                        
  1    other than an ATV, motorbike or snowmobile  as  defined  in  section  67-7101,
  2    Idaho  Code, designed for and capable of travel over designated unpaved roads,
  3    traveling on four (4) or more low-pressure tires of ten (10) psi or less, max-
  4    imum width less than sixty (60) inches, maximum weight less than one  thousand
  5    eight  hundred  fifty  (1,850)  pounds,  or  having a wheelbase of ninety (90)
  6    inches or less. Utility type vehicle does not  include  golf  carts,  vehicles
  7    specially  designed  to carry a disabled person, or implements of husbandry as
  8    defined in section 49-110(2), Idaho Code.
                                                                        
  9        SECTION 6.  That Section 49-501, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        49-501.  TITLING  REQUIREMENTS  --  EXEMPTIONS. (1) The provisions of this
 12    chapter shall apply to every  vehicle  required  to  be  registered  with  the
 13    department in chapter 4, title 49, Idaho Code.
 14        (2)  In  addition, the titling requirements of this chapter shall apply to
 15    the following vehicles which are not required to be registered under the  pro-
 16    visions of chapter 4, title 49, Idaho Code:
 17        (a)  All-terrain  vehicles,  motorbikes,  and snowmobiles and utility type
 18        vehicles as defined in section 67-7101, Idaho Code; and
 19        (b)  Manufactured homes as defined in section 39-4105, Idaho Code.
 20        (3)  Certain vehicles which are required to be registered under the provi-
 21    sions of chapter 4, title 49, Idaho Code, shall be  exempt  from  the  titling
 22    requirements of this chapter as follows:
 23        (a)  Utility  trailers  whose  unladen  weight  is  less than two thousand
 24        (2,000) pounds; and
 25        (b)  The board may, by rule, exempt vehicles and motor vehicles registered
 26        under provisions of sections 49-434  and  49-435,  Idaho  Code,  from  the
 27        titling requirements of this chapter.
 28        (4)  Vehicles  exempt  from  registration  under the provisions of section
 29    49-426, Idaho Code, are exempt from the titling requirements of this  chapter,
 30    unless  otherwise specifically required by the provisions of subsection (2) of
 31    this section.
                                                                        
 32        SECTION 7.  That Section 49-1608, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        49-1608.  LICENSE BOND. (1) Before any dealer's license shall be issued by
 35    the department to any applicant, the applicant shall procure and file with the
 36    department  good and sufficient bond in the amount shown, conditioned that the
 37    applicant shall not practice any fraud, make any fraudulent representation  or
 38    violate  any  of  the provisions of this chapter, rules and regulations of the
 39    department, or provisions of chapter 5, title 49, section 49-1418, or  chapter
 40    6,  title 48, Idaho Code, or federal motor vehicle safety standards, or odome-
 41    ter fraud in the conduct of the business for which he is licensed.
 42        (a)  All dealers, including wholesale, but excluding a dealer  exclusively
 43        in  the  business of motorcycles and motor scooters, all-terrain vehicles,
 44        utility type vehicles and snow  machine  sales,  twenty  thousand  dollars
 45        ($20,000).
 46        (b)  A  dealer exclusively in the business of motorcycle and motor scooter
 47        sales, all-terrain vehicles, utility type vehicles and snow machine sales,
 48        ten thousand dollars ($10,000).
 49        (2)  The bond required in this section may be continuous in form  and  the
 50    total  aggregate  liability on the bond shall be limited to the payment of the
 51    amounts set forth in this section. The bond shall be in the following form:
                                                                        
                                           8
                                                                        
  1        (a)  A corporate surety bond, by a surety licensed to do business in  this
  2        state; or
  3        (b)  A certificate of deposit, in a form prescribed by the director; or
  4        (c)  A cash deposit with the director.
  5        (3)  If  a  bond  is cancelled canceled or otherwise becomes invalid, upon
  6    receiving notice of the cancellation or invalidity, the department shall imme-
  7    diately suspend the dealer's  license  and  take  possession  of  the  license
  8    itself,  all vehicle plates used in the business and all unused title applica-
  9    tions of the licensee. The licensee is entitled to a hearing  which  shall  be
 10    held  within  twenty (20) days of the suspension. Upon receiving notice that a
 11    valid bond is  in  force,  the  department  shall  immediately  reinstate  the
 12    license.
 13        (4)  The  bond  requirements  of  this  section  shall be satisfied if the
 14    applicant is a duly licensed manufactured home dealer in accordance with chap-
 15    ter 21, title 44, Idaho Code, and the bond required by section 44-2103,  Idaho
 16    Code, otherwise meets the requirements of this section. The amount of the bond
 17    shall be in the amount as required in this section or that required in section
 18    44-2103,  Idaho Code, whichever is greater. The applicant shall furnish a cer-
 19    tified copy of the bond as required in section 44-2103,  Idaho  Code,  to  the
 20    department.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE

                             RS 14510

Idaho Code currently defines all terrain vehicles (ATV's).  Recreation
vehicle manufacturers have started providing larger versions of ATV's,
called UTV's.  Because they do not meet the Idaho definition of an ATV
they cannot be registered as on off-highway-vehicle in Idaho. 
Similarly, the Idaho Transportation Department will not license them
for use on public roadways as they do not meet all legal requirements
for highway operation.  This has created an untenable situation for an
ever-increasing number of users, vendors and dealers.  By creating a
new class of OHV, Idaho Department of Parks and Recreation can provide
a registration and a legal recreation opportunity on certain unpaved
state and federal roads for this type of vehicle.  In conjunction with
this change, it will be necessary to address several issues related to
titling of the UTV's so as to provide protection for the owner and
proper guidance for dealers and retailers that sell the vehicle.


                          FISCAL NOTE
                                
This amendment will have no impact on the General Fund.  The estimated
costs of $7,000 associated with developing this new registration
program will be borne by the dedicated OHV Recreation program.



Contact
Name:  Dean Sangrey, Parks and Recreation 
Phone: 334-4187


STATEMENT OF PURPOSE/FISCAL NOTE                       H 68AA