2005 Legislation
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HOUSE BILL NO. 184 – MV, odometer readings


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Bill Status

H0184.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - Amends existing law relating to odometers to provide an
exception to the notice requirement when an odometer reading is adjusted;
and to define "mileage."
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/22    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, 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, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
      NAYS -- None
      Absent and excused -- Crow, Deal, Moyle
    Floor Sponsor - Nonini
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Transp
03/11    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - McGee
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed
03/21    To Governor
03/23    Governor signed
         Session Law Chapter 145
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 184
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section  49-114, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
  9        49-114.  DEFINITIONS -- M.
 10        (1)  "Major component part" means a rear clip, cowl, frame or inner struc-
 11    ture forward of the cowl, body, cab, front end assembly, front  clip  or  such
 12    other part which is critical to the safety of the vehicle.
 13        (2)  "Manifest"  means  a form used for identifying the quantity, composi-
 14    tion, origin, routing, waste or material identification code  and  destination
 15    of  hazardous  material  or  hazardous waste during any transportation within,
 16    through, or to any destination in this state.
 17        (3)  "Manufactured home." (See section 39-4105, Idaho Code)
 18        (4)  "Manufacturer" means every person engaged in  the  business  of  con-
 19    structing  or  assembling  vehicles  of a type required to be registered at an
 20    established place of business in this state. The term, for  purposes  of  sec-
 21    tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
 22    include a distributor and other factory representatives.
 23        (5)  "Manufacturer's  year designation" means the model year designated by
 24    the vehicle manufacturer, and not the year in which the vehicle is,  in  fact,
 25    manufactured.
 26        (6)  "Maximum  gross weight" means the scale weight of a vehicle, equipped
 27    for operation, to which shall be added the  maximum  load  to  be  carried  as
 28    declared  by  the owner in making application for registration. When a vehicle
 29    against which a registration fee is assessed is a combination of vehicles, the
 30    term "maximum gross weight" means the combined maximum gross  weights  of  all
 31    vehicles in the combination.
 32        (7)  "Metal tire." (See "Tires," section 49-121, Idaho Code)
 33        (8)  "Mileage" means actual distance that a vehicle has traveled.
 34        (9)  "Moped"  means  a limited-speed motor-driven cycle having both motor-
 35    ized and pedal propulsion that is not capable of propelling the vehicle  at  a
 36    speed in excess of thirty (30) miles per hour on level ground, whether two (2)
 37    or  three  (3)  wheels  are in contact with the ground during operation. If an
 38    internal combustion engine is used, the displacement shall  not  exceed  fifty
 39    (50)  cubic  centimeters  and  the  moped shall have a power drive system that
 40    functions directly or automatically without clutching or shifting by the oper-
 41    ator after the drive system is engaged.
 42        (910) "Motorcycle" means every motor vehicle having a seat or  saddle  for
 43    the  use of the rider and designed to travel on not more than three (3) wheels
  1    in contact with the ground, but excluding a tractor and moped.
  2        (101) "Motor carrier" means an  individual,  partnership,  corporation  or
  3    other  legal  entity engaged in the transportation by motor vehicle of persons
  4    or property in the furtherance of a business or for hire.
  5        (112) "Motor home" means a vehicular unit designed to provide    temporary
  6    living  quarters,  built  into  an  integral part or permanently attached to a
  7    self-propelled motor vehicle chassis. The  vehicle  must  contain  permanently
  8    installed  independent  life  support systems which meet the American National
  9    Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
 10    vide at least four (4) of the following facilities: cooking, refrigeration  or
 11    ice  box,  self-contained  toilet,  heating and/or air conditioning, a potable
 12    water supply system, including a faucet and sink, separate 110-125 volt  elec-
 13    trical power supply and/or LP-gas supply.
 14        (123) "Motorized  wheelchair"  means  a  motor vehicle with a speed not in
 15    excess of eight (8) miles per hour, designed for and  used  by  a  handicapped
 16    person.
 17        (134) "Motor  number."  (See  "Identifying  number," section 49-110, Idaho
 18    Code)
 19        (145) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
 20        (156) "Motor vehicle liability policy" means an owner's or operator's pol-
 21    icy of liability insurance, certified as provided in  section  49-1210,  Idaho
 22    Code, as proof of financial responsibility, and issued by an insurance carrier
 23    duly  authorized  to transact business in this state, to or for the benefit of
 24    the person named therein as insured.
 25        (167) "Motor vehicle record" means any record that  pertains  to  a  motor
 26    vehicle registration, motor vehicle title or identification documents or other
 27    similar credentials issued by the department or other state or local agency.
 28        SECTION  2.  That  Section 49-1629, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
 30        49-1629.  ODOMETERS. (1) Nothing in this chapter shall  prevent  the  ser-
 31    vice, repair or replacement of an odometer, provided the mileage as defined in
 32    section  49-114, Idaho Code, indicated remains the same as before the service,
 33    repair or replacement. Where the odometer is incapable of registering the same
 34    mileage as before service,  repair  or  replacement,  the  odometer  shall  be
 35    adjusted  to  read zero and a notice shall be attached permanently to the left
 36    door frame of the vehicle by the owner or his  agent  specifying  the  mileage
 37    prior  to  repair  or replacement of the odometer and the date on which it was
 38    repaired or replaced. Provided however, the notice shall not  be  required  if
 39    the odometer reading is converted from registering in kilometers to miles, and
 40    the  mileage on the vehicle after the conversion of the odometer is equivalent
 41    to its mileage before the conversion. No person shall:
 42        (a)  Fail to adjust an odometer or affix a notice regarding adjustment, as
 43        required under this section.
 44        (b)  With intent to defraud, remove or alter any notice affixed to a vehi-
 45        cle pursuant to the provisions of this section.
 46        (2)  It shall be unlawful for any person to:
 47        (a)  Disconnect, turn back, or reset the odometer of any vehicle with  the
 48        intent to reduce the number of miles indicated on the odometer gauge.
 49        (b)  Sell  a  vehicle  in this state if that person has knowledge that the
 50        odometer on the vehicle has been turned back or replaced, and if the  per-
 51        son  fails  to  notify  the  buyer prior to the time of the sale, that the
 52        odometer has been turned back or  replaced,  or  that  he  has  reason  to
 53        believe that the odometer has been turned back or replaced.
  1        (c)  Advertise  for  sale, to sell, to use, or to install on any part of a
  2        vehicle or on an odometer in a vehicle, any device which causes the odome-
  3        ter to register any mileage other than the true mileage driven.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 14831

The purpose of this legislation is to bring Idaho in line 
with all other jurisdictions practices relating to 
notification requirements placed upon a vehicle in which the 
odometer has been converted from kilometers to miles.

                           FISCAL NOTE


Name:  Rep. Bob Nonini 
Phone: 332-1000
Name:  Denise Brennan, Idaho Automobile Dealers Association
Phone: 853-4668

STATEMENT OF PURPOSE/FISCAL NOTE                     H 184