Print Friendly HOUSE BILL NO. 144 – Hwy construction, work zones
HOUSE BILL NO. 144
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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
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,
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN 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.
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 area
25 that is located on or adjacent to a highway and marked by appropriate warning
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 (1 32) "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 (1 43) "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-
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 "Motorized Wwheelchair," 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
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 DANGER WORK ZONE SPEED LIMITS -- PENALTY. (1) No
6 person shall operate a vehicle in excess of the posted maximum speed limit
7 established for a highway construction danger work zone when the construction
8 danger work zone is designated by appropriately placed signs indicating: con-
9 struction danger the 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
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).
None to the General Fund.
Name: Rep. Ken Roberts
STATEMENT OF PURPOSE/FISCAL NOTE H 144