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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 180
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLE EQUIPMENT AND TRACTION DEVICES; AMENDING SECTION
3 49-104, IDAHO CODE, TO DEFINE "CHAINS"; AMENDING SECTION 49-123, IDAHO
4 CODE, TO REVISE THE DEFINITION OF COMMERCIAL VEHICLE TO INCLUDE A CODE
5 REFERENCE; AND AMENDING SECTION 49-948, IDAHO CODE, TO PROVIDE THAT THE
6 IDAHO TRANSPORTATION DEPARTMENT MAY ESTABLISH REQUIREMENTS FOR USE OF
7 TRACTION DEVICES ON HIGHWAYS OF THE INTERSTATE AND STATE HIGHWAY SYSTEM,
8 TO REQUIRE PLACING AND MAINTAINING SIGNS AND OTHER TRAFFIC CONTROL DEVICES
9 INDICATING THE EQUIPMENT REQUIRED AND TO PROVIDE AN EXEMPTION FOR AUTHO-
10 RIZED EMERGENCY VEHICLES AND VEHICLES OPERATED BY THE IDAHO TRANSPORTATION
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
2
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:
3
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
4
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
5
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
6
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.
7
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
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
None
Contact
Name: Greg Laragan,
Agency: Idaho Transportation Department
Phone: 334-8535
STATEMENT OF PURPOSE/FISCAL NOTE H 180