View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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. Speaker 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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 184 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO ODOMETERS; AMENDING SECTION 49-114, IDAHO CODE, TO DEFINE 3 "MILEAGE"; AND AMENDING SECTION 49-1629, IDAHO CODE, TO PROVIDE AN EXCEP- 4 TION TO THE NOTICE REQUIREMENT WHEN AN ODOMETER READING IS ADJUSTED AND TO 5 PROVIDE A CODE REFERENCE. 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 2 1 in contact with the ground, but excluding a tractor and moped. 2 (1 01) "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 (1 12) "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 (1 23) "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 (1 34) "Motor number." (See "Identifying number," section 49-110, Idaho 18 Code) 19 (1 45) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code) 20 (1 56) "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 (1 67) "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. 3 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 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 None Contact Name: Rep. Bob Nonini Phone: 332-1000 Name: Denise Brennan, Idaho Automobile Dealers Association Phone: 853-4668 STATEMENT OF PURPOSE/FISCAL NOTE H 184