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H0144.........................................by TRANSPORTATION AND DEFENSE HIGHWAY CONSTRUCTION - WORK ZONES - Amends existing law relating to highway construction zones to change terminology from "construction danger zone" to "work zone." 02/09 House intro - 1st rdg - to printing 02/10 Rpt prt - to Transp 02/15 Rpt out - rec d/p - to 2nd rdg 02/16 2nd rdg - to 3rd rdg 02/18 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, 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, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Telleria), Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Deal, Schaefer, Mr. Speaker Floor Sponsor - Roberts Title apvd - to Senate 02/21 Senate intro - 1st rdg - to Transp 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/11 3rd rdg - PASSED - 32-0-2, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Hill, Sweet, (District 21 seat vacant) Floor Sponsor - Langhorst Title apvd - to House 03/14 To enrol 03/15 Rpt enrol - Sp signed 03/16 Pres signed 03/17 To Governor 03/21 Governor signed Session Law Chapter 83 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 144 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO HIGHWAY CONSTRUCTION DANGER ZONES; AMENDING SECTION 49-104, IDAHO 3 CODE, TO DELETE THE DEFINITION "CONSTRUCTION DANGER ZONE"; AMENDING SEC- 4 TION 49-124, IDAHO CODE, TO PROVIDE A DEFINITION FOR "WORK ZONE" AND TO 5 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 49-657, IDAHO CODE, TO 6 PROVIDE PROPER TERMINOLOGY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 49-104, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-104. DEFINITIONS -- C. 11 (1) "Cancellation of driver's license" means the annulment or termination 12 by formal action of the department of a person's driver's license because of 13 some error or defect in the driver's license or because the licensee is no 14 longer entitled to the driver's license. The cancellation of a driver's 15 license is without prejudice and after compliance with requirements, the indi- 16 vidual may apply for a new driver's license at any time after cancellation. 17 (2) "Caravaning" means the transportation of any motor vehicle into, out 18 of, or within the state operating on its own wheels or in tow for the purpose 19 of sale or offer of sale by any agent, dealer, manufacturer's representative, 20 purchaser, or prospective purchaser, regardless of residence unless the motor 21 vehicle is licensed by the state of Idaho, or is owned by an automobile 22 dealer, duly licensed as a dealer by this state. It shall also be considered 23 as the transportation of property for hire by a motor vehicle upon the high- 24 ways of this state. 25 (3) "Certificate of liability insurance" means a certificate of liability 26 insurance issued by an insurance company authorized to do business in this 27 state or a certificate of liability insurance issued by the department of 28 insurance which demonstrates current insurance against loss resulting from 29 liability imposed by law for bodily injury or death or damage to property suf- 30 fered by any person caused by accident and arising out of the operation, main- 31 tenance or use of a motor vehicle described in the certificate in an amount 32 not less than that required by section 49-1212, Idaho Code, and also demon- 33 strates the current existence of any other coverage required by title 41, 34 Idaho Code, or a certificate of self-insurance issued pursuant to law for each 35 motor vehicle to be registered. A certificate of liability insurance shall 36 contain the information required by the department of insurance, including the 37 name and address of the owner of the motor vehicle and a description of the 38 motor vehicle including identification number if there is one, or a statement 39 that all vehicles owned by a person or entity are covered by insurance, the 40 inception date of coverage, and the name of the insurer. "Certificate of lia- 41 bility insurance" may also include the original contract of liability insur- 42 ance or a true copy, demonstrating the current existence of the liability 43 insurance described above. 2 1 (4) "Certification of safety compliance" means that a motor carrier cer- 2 tifies as part of its registration process that it has knowledge of the fed- 3 eral regulations and rules promulgated by the Idaho transportation department 4 and the Idaho state police applicable to motor carriers. 5 (5) "Commercial coach." (See section 39-4105, Idaho Code) 6 (6) "Commercial driver's license" means any class A, class B or class C 7 driver's license as defined in section 49-105, Idaho Code. 8 (7) "Commercial driver license information system (CDLIS)" is the infor- 9 mation system established to serve as a clearinghouse for locating informa- 10 tion related to the licensing and identification of motor vehicle drivers. 11 (8) "Commercial driver training school" means a business enterprise con- 12 ducted by an individual, association, partnership, or corporation, for the 13 education and training of persons, either practically or theoretically, or 14 both, to operate or drive motor vehicles, and charging a consideration or 15 tuition for such services. 16 (9) "Commercial vehicle" or "commercial motor vehicle." (See "Vehicle," 17 section 49-123, Idaho Code) 18 (10) "Compliance review" means an on-site examination of motor carrier 19 operations, which may be at the carrier's place of business, including dri- 20 ver's hours of service, vehicle maintenance and inspection, driver qualifica- 21 tions, commercial driver's license requirements, financial responsibility, 22 accidents, hazardous materials, and such other related safety and transporta- 23 tion records to determine safety fitness. 24 (11)"Construction danger zone" means a construction or maintenance area25that is located on or adjacent to a highway and marked by appropriate warning26signs.27(12)"Controlled substance" means any substance so classified under sec- 28 tion 102(6) of the controlled substances act (21 U.S.C. 802(6)), and includes 29 all substances listed on schedules I through V, of 21, CFR part 1308, as they 30 may be revised from time to time. 31 (132) "Conviction" means the person has pled guilty or has been found 32 guilty, notwithstanding the form of the judgment or withheld judgment. A con- 33 viction for purposes of this title shall also include an infraction judgment. 34 (143) "Crosswalk" means: 35 (a) That part of a highway at an intersection included within the connec- 36 tions of the lateral lines of the sidewalks on opposite sides of the high- 37 way measured from the curbs or in the absence of curbs, from the edges of 38 the traversable highway; and in the absence of a sidewalk on one side of 39 the highway, that part of a highway included within the extension of the 40 lateral lines of the existing sidewalk at right angles to the centerline. 41 (b) Any portion of a highway at an intersection or elsewhere distinctly 42 indicated for pedestrian crossing by lines or other markings on the sur- 43 face. 44 SECTION 2. That Section 49-124, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 49-124. DEFINITIONS -- W. 47 (1) "Wheelchair, motorized." (See "MotorizedWwheelchair," section 48 49-114, Idaho Code) 49 (2) "Wholesaler" means a dealer who sells used vehicles to Idaho dealers. 50 (3) "Work zone" means a construction or maintenance area that is located 51 on or adjacent to a highway and marked by appropriate warning signs. 52 (4) "Wrecker" means a motor vehicle designed and used primarily for tow- 53 ing other vehicles that may be disabled. A wrecker engaged in a motor vehicle 3 1 recovery operation and which is blocking part or all of one (1) or more lanes 2 of traffic shall be designated an emergency vehicle. 3 SECTION 3. That Section 49-657, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 49-657.CONSTRUCTION DANGERWORK ZONE SPEED LIMITS -- PENALTY. (1) No 6 person shall operate a vehicle in excess of the posted maximum speed limit 7 established for a highwayconstruction dangerwork zone when theconstruction8dangerwork zone is designated by appropriately placed signs indicating:con-9struction dangerthe work zone; the reduced speed limit; and notice of an 10 enhanced penalty for exceeding the reduced speed limit. 11 (2) Violation of the provisions of this section shall be an infraction 12 punishable by a fixed penalty of fifty dollars ($50.00).
STATEMENT OF PURPOSE RS 14842 This proposed legislation amends Sections 49-104, 49-124, and 49- 657, Idaho Code, to remove the term "CONSTRUCTION DANGER ZONE" and replace it with "work zone". Section 49-657, Idaho Code is being interpreted as requiring the installation of signs with the non-standard logo "CONSTRUCTION DANGER ZONE" for the statute to apply. Replacing the term "CONSTRUCTION DANGER ZONE" with "work zone" will bring the signing into conformity with the Manual on Uniform Traffic Control Devices (MUTCD) and standards of the Idaho Transportation Department (ITD). FISCAL NOTE None to the General Fund. Contact Name: Rep. Ken Roberts Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 144