2005 Legislation
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HOUSE BILL NO. 180 – MV, traction devices required, when


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Bill Status

H0180.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - EQUIPMENT - Amends existing law relating to motor vehicle
equipment and traction devices to define "chains"; to provide that the
Idaho Transportation Department may establish requirements for the use of
traction devices on interstate and state highways; to require placing and
maintaining signs and other traffic control devices indicating the
equipment required; and to provide an exemption for authorized emergency
vehicles and vehicles operated by the Idaho Transportation Department.
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 180
  1                                        AN ACT
 11        DEPARTMENT.
 12    Be It Enacted by the Legislature of the State of Idaho:
 13        SECTION  1.  That  Section  49-104, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
 15        49-104.  DEFINITIONS -- C.
 16        (1)  "Cancellation of driver's license" means the annulment or termination
 17    by formal action of the department of a person's driver's license  because  of
 18    some  error  or  defect  in the driver's license or because the licensee is no
 19    longer entitled to the  driver's  license.  The  cancellation  of  a  driver's
 20    license is without prejudice and after compliance with requirements, the indi-
 21    vidual may apply for a new driver's license at any time after cancellation.
 22        (2)  "Caravaning"  means the transportation of any motor vehicle into, out
 23    of, or within the state operating on its own wheels or in tow for the  purpose
 24    of  sale or offer of sale by any agent, dealer, manufacturer's representative,
 25    purchaser, or prospective purchaser, regardless of residence unless the  motor
 26    vehicle  is  licensed  by  the  state  of  Idaho, or is owned by an automobile
 27    dealer, duly licensed as a dealer by this state. It shall also  be  considered
 28    as  the  transportation of property for hire by a motor vehicle upon the high-
 29    ways of this state.
 30        (3)  "Certificate of liability insurance" means a certificate of liability
 31    insurance issued by an insurance company authorized to  do  business  in  this
 32    state  or  a  certificate  of  liability insurance issued by the department of
 33    insurance which demonstrates current insurance  against  loss  resulting  from
 34    liability imposed by law for bodily injury or death or damage to property suf-
 35    fered by any person caused by accident and arising out of the operation, main-
 36    tenance  or  use  of a motor vehicle described in the certificate in an amount
 37    not less than that required by section 49-1212, Idaho Code,  and  also  demon-
 38    strates  the  current  existence  of  any other coverage required by title 41,
 39    Idaho Code, or a certificate of self-insurance issued pursuant to law for each
 40    motor vehicle to be registered. A certificate  of  liability  insurance  shall
 41    contain the information required by the department of insurance, including the
 42    name  and  address  of the owner of the motor vehicle and a description of the
 43    motor vehicle including identification number if there is one, or a  statement
  1    that  all  vehicles  owned by a person or entity are covered by insurance, the
  2    inception date of coverage, and the name of the insurer. "Certificate of  lia-
  3    bility  insurance"  may also include the original contract of liability insur-
  4    ance or a true copy, demonstrating the  current  existence  of  the  liability
  5    insurance described above.
  6        (4)  "Certification  of safety compliance" means that a motor carrier cer-
  7    tifies as part of its registration process that it has knowledge of  the  fed-
  8    eral  regulations and rules promulgated by the Idaho transportation department
  9    and the Idaho state police applicable to motor carriers.
 10        (5)  "Chains" means metal traction devices required  pursuant  to  section
 11    49-948,  Idaho Code, which consist of two (2) circular metal loops, one (1) on
 12    each side of the tire, connected by  not  less  than  nine  (9)  evenly-spaced
 13    chains across the tire tread.
 14        (6)  "Commercial coach." (See section 39-4105, Idaho Code)
 15        (67)  "Commercial  driver's license" means any class A, class B or class C
 16    driver's license as defined in section 49-105, Idaho Code.
 17        (78)  "Commercial driver license information system (CDLIS)" is the infor-
 18    mation system established to serve as a clearinghouse for locating information
 19    related to the licensing and identification of motor vehicle drivers.
 20        (89)  "Commercial driver training school" means a business enterprise con-
 21    ducted by an individual, association, partnership,  or  corporation,  for  the
 22    education  and  training  of  persons, either practically or theoretically, or
 23    both, to operate or drive motor vehicles,  and  charging  a  consideration  or
 24    tuition for such services.
 25        (910) "Commercial  vehicle" or "commercial motor vehicle." (See "Vehicle,"
 26    section 49-123, Idaho Code)
 27        (101) "Compliance review" means an on-site examination  of  motor  carrier
 28    operations,  which  may  be at the carrier's place of business, including dri-
 29    ver's hours of service, vehicle maintenance and inspection, driver  qualifica-
 30    tions,  commercial  driver's  license  requirements, financial responsibility,
 31    accidents, hazardous materials, and such other related safety and  transporta-
 32    tion records to determine safety fitness.
 33        (112) "Construction  danger zone" means a construction or maintenance area
 34    that is located on or adjacent to a highway and marked by appropriate  warning
 35    signs.
 36        (123) "Controlled  substance" means any substance so classified under sec-
 37    tion 102(6) of the controlled substances act (21 U.S.C. 802(6)), and  includes
 38    all  substances listed on schedules I through V, of 21, CFR part 1308, as they
 39    may be revised from time to time.
 40        (134) "Conviction" means the person has pled  guilty  or  has  been  found
 41    guilty,  notwithstanding the form of the judgment or withheld judgment. A con-
 42    viction for purposes of this title shall also include an infraction judgment.
 43        (145) "Crosswalk" means:
 44        (a)  That part of a highway at an intersection included within the connec-
 45        tions of the lateral lines of the sidewalks on opposite sides of the high-
 46        way measured from the curbs or in the absence of curbs, from the edges  of
 47        the  traversable  highway; and in the absence of a sidewalk on one side of
 48        the highway, that part of a highway included within the extension  of  the
 49        lateral lines of the existing sidewalk at right angles to the centerline.
 50        (b)  Any  portion  of a highway at an intersection or elsewhere distinctly
 51        indicated for pedestrian crossing by lines or other markings on  the  sur-
 52        face.
 53        SECTION  2.  That  Section  49-123, Idaho Code, be, and the same is hereby
 54    amended to read as follows:
  1        49-123.  DEFINITIONS -- V.
  2        (1)  "Variable load suspension axle" means an axle or  axles  designed  to
  3    support  a part of the vehicle and load and which can be regulated to vary the
  4    amount of load supported by such an axle or axles and which can be deployed or
  5    lifted by the operator of the vehicle. See also section 49-117, Idaho Code.
  6        (a)  "Fully raised" means that the variable load suspension axle is in an
  7        elevated position preventing the tires on such axle from having  any  con-
  8        tact with the roadway.
  9        (b)  "Fully deployed" means that the variable load suspension axle is sup-
 10        porting a portion of the weight of the loaded vehicle as controlled by the
 11        preset pressure regulator valve.
 12        (2)  "Vehicle" means:
 13        (a)  General. Every device in, upon, or by which any person or property is
 14        or  may  be  transported  or  drawn upon a highway, excepting devices used
 15        exclusively upon stationary rails or tracks.
 16        (b)  Authorized emergency vehicle. Vehicles operated by any  fire  depart-
 17        ment or law enforcement agency of the state of Idaho or any political sub-
 18        division of the state, ambulances, vehicles belonging to personnel of vol-
 19        untary  fire  departments  while  in  performance of official duties only,
 20        vehicles belonging to, or operated by EMS personnel certified or otherwise
 21        recognized by the EMS bureau of the Idaho department of health and welfare
 22        while in the performance of emergency medical services,  sheriff's  search
 23        and  rescue  vehicles  which  are  under  the immediate supervision of the
 24        county sheriff, wreckers which are engaged in motor vehicle recovery oper-
 25        ations and are blocking part or all of one (1) or more lanes  of  traffic,
 26        other  emergency  vehicles  designated  by the director of the Idaho state
 27        police or vehicles authorized by the Idaho transportation board  and  used
 28        in  the  enforcement of laws specified in section 40-510, Idaho Code, per-
 29        taining to vehicles of ten thousand (10,000) pounds or greater.
 30        (c)  Commercial vehicle or commercial motor vehicle. For the  purposes  of
 31        chapters 3 and 9 of this title, (driver's licenses and vehicle equipment),
 32        a  motor  vehicle  or  combination  of  motor vehicles designed or used to
 33        transport passengers or property if the motor vehicle:
 34             1.  Has a manufacturer's gross combination weight  rating  (GCWR)  in
 35             excess  of  twenty-six  thousand (26,000) pounds inclusive of a towed
 36             unit with a manufacturer's gross vehicle weight rating (GVWR) of more
 37             than ten thousand (10,000) pounds; or
 38             2.  Has a manufacturer's gross vehicle weight rating (GVWR) in excess
 39             of twenty-six thousand (26,000) pounds; or
 40             3.  Is designed to transport sixteen (16) or more  people,  including
 41             the driver; or
 42             4.  Is  of  any  size  and is used in the transportation of materials
 43             found to be hazardous for the  purposes  of  the  hazardous  material
 44             transportation  act  and  which  require  the  motor  vehicle  to  be
 45             placarded under the hazardous materials regulations (49 CFR part 172,
 46             subpart F).
 47        For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis-
 48        tration),  a  vehicle  or  combination of vehicles of a type used or main-
 49        tained for the transportation of persons for hire, compensation or profit,
 50        or the transportation of property for the owner of  the  vehicle,  or  for
 51        hire, compensation, or profit, and shall include fixed load specially con-
 52        structed  vehicles  exceeding  the limits imposed by chapter 10, title 49,
 53        Idaho Code, and including drilling rigs, construction, drilling and wreck-
 54        er cranes, log jammers, log loaders, and similar vehicles which  are  nor-
 55        mally  operated  in an overweight or oversize condition or both, but shall
  1        not include those vehicles registered  pursuant  to  sections  49-402  and
  2        49-402A,  Idaho  Code,  or exempted by section 49-426, Idaho Code. A motor
  3        vehicle used in a ridesharing arrangement that has a seating capacity  for
  4        not  more  than fifteen (15) persons, including the driver, shall not be a
  5        "commercial vehicle" under the provisions of this title relating to equip-
  6        ment requirements, rules of the road, or registration.
  7        (d)  Farm vehicle. A vehicle or combination of vehicles owned by a  farmer
  8        or  rancher, which are operated over public highways, and used exclusively
  9        to transport unprocessed agricultural, dairy or livestock products raised,
 10        owned and grown by the owner of the vehicle to market or place of storage;
 11        and shall include the transportation by  the  farmer  or  rancher  of  any
 12        equipment,  supplies  or  products purchased by that farmer or rancher for
 13        his own use, and used in the farming or ranching operation or  used  by  a
 14        farmer  partly in transporting agricultural products or livestock from the
 15        farm of another farmer that were originally grown or raised on  the  farm,
 16        or  when  used  partly  in  transporting agricultural supplies, equipment,
 17        materials or livestock to the farm of another farmer for use  or  consump-
 18        tion on the farm but not transported for hire, and shall not include vehi-
 19        cles  of  husbandry or vehicles registered pursuant to sections 49-402 and
 20        49-402A, Idaho Code.
 21        (e)  Foreign vehicle. Every vehicle of a type required  to  be  registered
 22        under  the  provisions  of this title brought into this state from another
 23        state, territory or country other than in the ordinary course of  business
 24        by or through a manufacturer or dealer and not registered in this state.
 25        (f)  Glider  kit  vehicle. Every large truck manufactured from a kit manu-
 26        factured by a manufacturer of large trucks which consists of a frame,  cab
 27        complete  with  wiring,  instruments, fenders and hood and front axles and
 28        wheels. The "glider kit" is made into a complete assembly by the  addition
 29        of the engine, transmission, rear axles, wheels and tires.
 30        (g)  Motor  vehicle. Every vehicle which is self-propelled and every vehi-
 31        cle which is propelled by electric power obtained  from  overhead  trolley
 32        wires  but  not operated upon rails, except vehicles moved solely by human
 33        power,  electric  personal  assistive  mobility  devices   and   motorized
 34        wheelchairs.
 35        (h)  Multipurpose  passenger  vehicle  (MPV).  For the purposes of section
 36        49-966, Idaho Code, a motor vehicle designed to carry ten  (10)  or  fewer
 37        persons  which  is  constructed  either on a truck chassis or with special
 38        features for occasional off-road operation.
 39        (i)  Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho
 40        Code, (motor vehicle registration),  a  noncommercial  vehicle  shall  not
 41        include those vehicles required to be registered under sections 49-402 and
 42        49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
 43        cles which are not commercial vehicles or farm vehicles, but shall include
 44        motor homes. A noncommercial vehicle shall include those vehicles having a
 45        combined  gross weight not in excess of sixty thousand (60,000) pounds and
 46        not held out for hire, used for purposes related to private  use  and  not
 47        used  in  the  furtherance of a business or occupation for compensation or
 48        profit or for transporting goods for other than the owner.
 49        (j)  Passenger car. For the purposes of  section  49-966,  Idaho  Code,  a
 50        motor  vehicle,  except  a  multipurpose  passenger vehicle, motorcycle or
 51        trailer, designed to carry ten (10) or fewer persons.
 52        (k)  Reconstructed or repaired vehicle.   Every  vehicle   that  has  been
 53        rebuilt  or  repaired using like make and model parts and visually appears
 54        as a vehicle that was originally constructed under a distinctive  manufac-
 55        turer. This includes a salvage vehicle which is damaged to the extent that
  1        a  "reconstructed  vehicle"  or  "repaired vehicle" brand is required, and
  2        other vehicles which have been reconstructed by the use of a  kit designed
  3        to be used to construct an exact replica of a vehicle which was previously
  4        constructed under a distinctive name, make, model or type by  a  generally
  5        recognized  manufacturer of vehicles. A glider kit vehicle is not a recon-
  6        structed vehicle.
  7        (l)  Salvage vehicle. Any vehicle for which a salvage certificate, salvage
  8        bill of sale or other documentation showing evidence that the vehicle  has
  9        been  declared  salvage  or  which has been damaged to the extent that the
 10        owner, or an insurer, or other person  acting  on  behalf  of  the  owner,
 11        determines  that the cost of parts and labor minus the salvage value makes
 12        it uneconomical to repair or rebuild. When an insurance company  has  paid
 13        money  or  has  made other monetary settlement as compensation for a total
 14        loss of any motor vehicle, such motor vehicle shall be considered to be  a
 15        salvage vehicle.
 16        (m)  Specially constructed vehicle. Every vehicle of a type required to be
 17        registered  not  originally  constructed  under  a distinctive name, make,
 18        model or type by a generally recognized manufacturer of vehicles  and  not
 19        materially  altered  from its original construction and cannot be visually
 20        identified as a  vehicle  produced  by  a  particular  manufacturer.  This
 21        includes:
 22             1.  A vehicle that has been structurally modified so that it does not
 23             have  the same appearance as a similar vehicle from the same manufac-
 24             turer; or
 25             2.  A vehicle that has been constructed entirely from homemade  parts
 26             and materials not obtained from other vehicles; or
 27             3.  A  vehicle  that  has  been  constructed by using major component
 28             parts from one (1) or more manufactured vehicles and cannot be  iden-
 29             tified as a specific make or model; or
 30             4.  A  vehicle  constructed by the use of a custom kit that cannot be
 31             visually identified as a specific make or model.
 32        (n)  Total loss vehicle. Every vehicle that is deemed to  be  uneconomical
 33        to repair due to scrapping, dismantling or destruction. A total loss shall
 34        occur  when  an  insurance company or any other person pays or makes other
 35        monetary settlement to the owner when it is deemed to be  uneconomical  to
 36        repair  the  damaged  vehicle.  The compensation for total loss as defined
 37        herein shall not include payments by an insurer or other person for  medi-
 38        cal  care,  bodily  injury,  vehicle rental or for anything other than the
 39        amount paid for the actual damage to the vehicle.
 40        (3)  "Vehicle identification number." (See "Identifying  number,"  section
 41    49-110, Idaho Code)
 42        (4)  "Vehicle  salesman" means any person who, for a salary, commission or
 43    compensation of any kind, is employed either directly or indirectly, or  regu-
 44    larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
 45    tiate  for  the  sale,  purchase or exchange of vehicles. (See also "full-time
 46    salesman," section 49-107,  Idaho  Code,  and  "part-time  salesman,"  section
 47    49-117, Idaho Code)
 48        (5)  "Vessel." (See section 67-7003, Idaho Code)
 49        (6)  "Veteran." (See section 65-509, Idaho Code)
 50        (7)  "Violation"  means  a  conviction of a misdemeanor charge involving a
 51    moving traffic violation, or an admission or  judicial  determination  of  the
 52    commission  of  an  infraction  involving  a moving traffic infraction, except
 53    bicycle infractions.
 54        SECTION 3.  That Section 49-948, Idaho Code, be, and the  same  is  hereby
  1    amended to read as follows:
  2        49-948.  RESTRICTIONS AS TO TIRE EQUIPMENT. (1) Every solid rubber tire on
  3    a  vehicle  shall  have rubber on its entire traction surface at least one (1)
  4    inch thick above the edge of the flange of the entire periphery.
  5        (2)  No person shall operate or move on any  highway  any  motor  vehicle,
  6    trailer, or semitrailer having any metal tire in contact with the highway.
  7        (3)  No  tire  on a vehicle moved on a highway shall have on its periphery
  8    any block, stud, flange, cleat, spike, or any other protuberance of any  mate-
  9    rial other than rubber which projects beyond the tread of the traction surface
 10    of  the  tire,  except  as allowed herein. It shall be permissible to use farm
 11    machinery with tires having protuberances which will not injure  the  highway,
 12    and  it  shall  be permissible to use tire chains. Tires with built-in lugs of
 13    tungsten carbide or other suitable material, hereinafter called studs, may  be
 14    used  upon any vehicle when required for safety because of snow, ice, or other
 15    conditions tending to cause a vehicle to skid, that will not unduly damage the
 16    highway. Motor vehicles, trailers and semitrailers with tires having  built-in
 17    studs are prohibited on public highways between the dates of May 1 and Septem-
 18    ber 30, annually, except as provided in paragraphs (a) and (b) of this subsec-
 19    tion:
 20        (a)  Fire pumper/tanker trucks and ladder trucks belonging to fire depart-
 21        ments and firefighting agencies are exempt from the prohibited dates.
 22        (b)  Special  exemptions  from  the prohibited dates may be granted by the
 23        Idaho transportation board if it is found by the board  that  enhancements
 24        to public safety outweigh the increased pavement wear.
 25        (4)  Commercial  tire  retailers  shall  not sell studded tires with studs
 26    exceeding the following weight and protrusion limitations after July 1,  2005.
 27    Commercial  tire  retailers  and  tire  shops shall not manually install studs
 28    exceeding the following weight and protrusion limitations after July 1, 2005.
 29        (a)  Studs shall not protrude more than six-hundredths (.06)  of  an  inch
 30        from the surface of the tire tread when originally installed.
 31        (b)  Stud size shall be as recommended by the manufacturer of the tire for
 32        the type and size of the tire.
 33        (c)  Studs  shall  individually  weigh no more than one and one-half (1.5)
 34        grams if the stud is size 14 or less.
 35        (d)  Studs shall individually weigh no  more  than  two  and  three-tenths
 36        (2.3) grams if the stud size is 15 or 16.
 37        (e)  Studs  shall  individually  weigh no more than three (3) grams if the
 38        stud size is 17 or larger.
 39        (5)  If the transportation department determines at any time for any  part
 40    of the interstate highway system or other highways of the state highway system
 41    that  the  unsafe  conditions  of  the  roadway require particular tires, tire
 42    chains or traction equipment in addition to or beyond the  ordinary  pneumatic
 43    rubber  tires, the department may establish the following requirements for the
 44    use of traction equipment on all vehicles traveling upon the interstate  high-
 45    way system or other highways of the state highway system:
 46        (a)  Traction  advisory  "A"  -- Chains required on commercial vehicles as
 47        defined in section 49-123, Idaho Code. This requirement shall  be  met  by
 48        chaining a minimum of one (1) tire on each side of:
 49             (i)   One (1) drive axle regardless of the number of drive axles; and
 50             (ii)  One  (1)  fixed axle at or near the rear of each towed vehicle.
 51             Such fixed axle shall not include a variable load suspension axle  or
 52             an axle of a converter dolly.
 53        (b)  Traction  advisory "B" -- Chains required on all vehicles except all-
 54        wheel drive vehicles.
  1        (6)  Chains as required in subsections (5)(a) and (5)(b) of  this  section
  2    mean  metal  traction  devices  as  defined in section 49-104, Idaho Code. Any
  3    other traction devices differing from such metal chains in construction, mate-
  4    rial or design but capable of providing traction equal to or exceeding that of
  5    such metal chains under similar conditions may be used.
  6        (7)  The department shall place and maintain signs and other traffic  con-
  7    trol devices on the interstate and state highways that indicate the tire, tire
  8    chain  or traction equipment requirement as determined by the department. Such
  9    signs or traffic control devices shall in no event prohibit the use of studded
 10    tires from October 1 through April 30, but when the department determines that
 11    chains or other acceptable traction devices are required  and  that  no  other
 12    traction equipment will suffice, the requirement is applicable to all types of
 13    tires  including  studded tires. The department may specify different require-
 14    ments for all-wheel drive vehicles when in gear.
 15        (8)  Authorized emergency vehicles as defined  in  section  49-123,  Idaho
 16    Code,  and  those  operated  by the transportation department when used in the
 17    maintenance of the interstate or state highway system are exempt from the pro-
 18    visions of subsection (5) of this section.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 14462C3

Amends Sections 49-104, 49-123 and 49-948, Idaho Code, to require
tire chains on sections of highway that have been posted by the
transportation department as requiring those devices due to
hazardous driving conditions.

                           FISCAL NOTE


Name:   Greg Laragan, 
Agency: Idaho Transportation Department 
Phone:  334-8535

STATEMENT OF PURPOSE/FISCAL NOTE                     H 180