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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
]]]] 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.
]]]] 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: ".".
]]]] 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.
REPRINT REPRINT REPRINT REPRINT
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