View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0185aa.......................................by TRANSPORTATION AND DEFENSE
NEIGHBORHOOD ELECTRIC VEHICLES - Adds to and amends existing law to provide
for the titling, registering and insuring of neighborhood electric
vehicles; and to provide for restricted operation of neighborhood electric
vehicles on highways.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Transp
03/01 Rpt out - to Gen Ord
Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/03 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 67-1-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon,
Clark, Collins, Crow, Deal, 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, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,
Mr. Speaker
NAYS -- Smith(24)
Absent and excused -- Bradford, Sali
Floor Sponsor - Nonini
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to Transp
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 29-0-5, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee,
McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet
NAYS -- None
Absent and excused -- Burtenshaw, Coiner, Malepeai, Werk, Williams,
(District 21 seat vacant)
Floor Sponsor - Langhorst
Title apvd - to House
03/22 To enrol
03/23 Rpt enrol - Sp signed
03/24 Pres signed - To Governor
03/28 Governor signed
Session Law Chapter 183
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. 185
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLE LAW AND NEIGHBORHOOD ELECTRIC VEHICLES; AMENDING
3 SECTION 49-105, IDAHO CODE, TO EXPAND THE DEFINITION OF "DEALER" TO
4 INCLUDE BUYING, SELLING OR EXCHANGING NEW OR USED NEIGHBORHOOD ELECTRIC
5 VEHICLES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-115, IDAHO
6 CODE, TO PROVIDE A REFERENCE FOR THE DEFINITION OF "NEIGHBORHOOD ELECTRIC
7 VEHICLE" AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-123,
8 IDAHO CODE, TO DEFINE "NEIGHBORHOOD ELECTRIC VEHICLE"; AMENDING SECTION
9 49-402, IDAHO CODE, TO PROVIDE FOR REGISTRATION OF NEIGHBORHOOD ELECTRIC
10 VEHICLES; AND AMENDING CHAPTER 6, TITLE 49, IDAHO CODE, BY THE ADDITION OF
11 A NEW SECTION 49-663, IDAHO CODE, TO PROVIDE FOR RESTRICTED USE OF NEIGH-
12 BORHOOD ELECTRIC VEHICLES ON STATE HIGHWAYS.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 49-105, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 49-105. DEFINITIONS -- D. (1) "Dealer" means every person in the busi-
17 ness of buying, selling or exchanging five (5) or more new or used vehicles,
18 new or used neighborhood electric vehicles, new or used motorcycles, snow
19 machines or motor scooters, travel trailers, all-terrain vehicles or motor
20 homes in any calendar year, either outright or on conditional sale, bailment,
21 lease, chattel mortgage, or otherwise, or who has an established place of
22 business for the sale, lease, trade, or display of these vehicles. No insur-
23 ance company, bank, finance company, public utilities company, or other person
24 coming into possession of any vehicle, as an incident to its regular business,
25 who shall sell that vehicle under any contractual rights it may have, shall be
26 considered a dealer. See also "salvage pool,", section 49-120, Idaho Code.
27 (2) "Dealer's selling agreement." (See "Franchise,", section 49-107,
28 Idaho Code)
29 (3) "Department" means the Idaho transportation department acting
30 directly or through its duly authorized officers and agents, except in chap-
31 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho state
32 police, except as otherwise specifically provided.
33 (4) "Designated family member" means the spouse, child, grandchild, par-
34 ent, brother or sister of the owner of a vehicle dealership who, in the event
35 of the owner's death, is entitled to inherit the ownership interest in the
36 dealership under the same terms of the owner's will, or who has been nominated
37 in any other written instrument, or who, in the case of an incapacitated owner
38 of a dealership, has been appointed by a court as the legal representative of
39 the dealer's property.
40 (5) "Director" means the director of the Idaho transportation department,
41 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
42 director of the Idaho state police.
43 (6) "Disclose" means to engage in any practice or conduct to make avail-
2
1 able and make known personal information contained in records of the depart-
2 ment about a person to any other person, organization or entity, by any means
3 of communication.
4 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by
5 the department of commercial vehicle driving privileges.
6 (8) "Distributor" means any person, firm, association, corporation or
7 trust, resident or nonresident, who has a franchise from a manufacturer of
8 vehicles to distribute vehicles in this state, and who in whole or in part
9 sells or distributes new vehicles to dealers or who maintains distributor rep-
10 resentatives.
11 (9) "Distributor branch" means a branch office similarly maintained by a
12 distributor for the same purposes a factory branch is maintained.
13 (10) "Distributor representative" means any person, firm, association,
14 corporation or trust, and each officer and employee thereof engaged as a rep-
15 resentative of a distributor or distributor branch of vehicles for the purpose
16 of making or promoting the sale of vehicles, or for supervising or contacting
17 dealers or prospective dealers.
18 (11) "District" means:
19 (a) Business district. The territory contiguous to and including a high-
20 way when within any six hundred (600) feet along the highway there are
21 buildings in use for business or industrial purposes, including hotels,
22 banks or office buildings, railroad stations and public buildings which
23 occupy at least three hundred (300) feet of frontage on one side or three
24 hundred (300) feet collectively on both sides of the highway.
25 (b) Residential district. The territory contiguous to and including a
26 highway not comprising a business district when the property on the high-
27 way for a distance of three hundred (300) feet or more is in the main
28 improved with residences, or residences and buildings in use for business.
29 (c) Urban district. The territory contiguous to and including any highway
30 which is built up with structures devoted to business, industry or dwell-
31 ing houses. For purposes of establishing speed limits in accordance with
32 the provisions of section 49-654, Idaho Code, no state highway or any por-
33 tion thereof lying within the boundaries of an urban district is subject
34 to the limitations which otherwise apply to nonstate highways within an
35 urban district. Provided, this subsection shall not limit the authority of
36 the duly elected officials of an incorporated city acting as a local
37 authority to decrease speed limits on state highways passing through any
38 district within the incorporated city.
39 (12) "Documented vessel" means a vessel having a valid marine document as
40 a vessel of the United States.
41 (13) "Drag race" means the operation of two (2) or more vehicles from a
42 point side by side at accelerating speeds in a competitive attempt to outdis-
43 tance each other, or the operation of one (1) or more vehicles over a common
44 selected course, from the same point to the same point, for the purpose of
45 comparing the relative speeds or power of acceleration of the vehicles within
46 a certain distance or time limit.
47 (14) "Driver" means every person who drives or is in actual physical con-
48 trol of a vehicle.
49 (15) "Driver's license" means a license or permit issued by the department
50 or by any other jurisdiction to an individual which authorizes the individual
51 to operate a motor vehicle or commercial motor vehicle on the highways in
52 accordance with the requirements of title 49, Idaho Code.
53 (16) "Driver's license -- cClasses of" are issued for the operation of a
54 vehicle based on the size of the vehicle or the type of load and mean:
55 (a) Class A. This license shall be issued and valid for the operation of
3
1 any combination of motor vehicles with a manufacturer's gross combination
2 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds,
3 provided the manufacturer's gross vehicle weight rating (GVWR) of the
4 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per-
5 sons holding a valid class A license may also operate vehicles requiring a
6 class B, C, or D license.
7 (b) Class B. This license shall be issued and valid for the operation of
8 any single vehicle with a manufacturer's gross vehicle weight rating
9 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
10 cle towing a vehicle not in excess of ten thousand (10,000) pounds
11 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
12 class B license may also operate vehicles requiring a class C license or a
13 class D license.
14 (c) Class C. This license shall be issued and valid for the operation of
15 any single vehicle or combination of vehicles that does not meet the defi-
16 nition of class A or class B, as defined in this section, but that either
17 is designed to transport sixteen (16) or more people including the driver,
18 or is of any size which does not meet the definition of class A or class B
19 and is used in the transportation of materials found to be hazardous
20 according to the hazardous material transportation act and which requires
21 the motor vehicle to be placarded under the federal hazardous materials
22 regulations 49 CFR part 172, subpart F. Persons holding a valid class C
23 license may also operate vehicles requiring a class D license.
24 (d) Class D. This license shall be issued and valid for the operation of
25 a motor vehicle that is not a commercial vehicle as defined in section
26 49-123, Idaho Code.
27 (e) "Seasonal driver's license" means a special restricted class B or C
28 driver's license to operate certain commercial vehicles in farm-related
29 industries under restrictions imposed by the department. As used in this
30 definition, "farm-related industry" shall mean custom harvesters, farm
31 retail outlets and suppliers, agri-chemical businesses and livestock
32 feeders. Seasonal driver's licenses are not valid for driving vehicles
33 carrying any quantities of hazardous material requiring placarding, except
34 for diesel fuel in quantities of one thousand (1,000) gallons or less,
35 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of
36 husbandry with total capacities of three thousand (3,000) gallons or less,
37 and solid fertilizers, i.e., solid plant nutrients, that are not mixed
38 with any organic substance.
39 (17) "Driver record" means any record that pertains to an individual's
40 driver's license, driving permit, driving privileges, driving history, identi-
41 fication documents or other similar credentials issued by the department.
42 (18) "Driver's license endorsements" means special authorizations that are
43 required to be displayed on a driver's license which permit the driver to
44 operate certain types of commercial vehicles or commercial vehicles hauling
45 certain types of cargo, or to operate a motorcycle.
46 (a) "Endorsement T -- Double/tTriple trailer" means this endorsement is
47 required on a class A, B or C license to permit the licensee to operate a
48 vehicle authorized to tow more than one (1) trailer.
49 (b) "Endorsement H -- Hazardous material" means this endorsement is
50 required on a class A, B or C license if the driver is operating a vehicle
51 used in the transportation of materials found to be hazardous according to
52 the hazardous material transportation act and which requires the motor
53 vehicle to be placarded under the federal hazardous materials regulations
54 49 CFR part 172, subpart F.
55 (c) "Endorsement P -- Passenger" means this endorsement is required on a
4
1 class A, B or C license to permit the licensee to operate a vehicle
2 designed to transport sixteen (16) or more people including the driver.
3 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on
4 a class A, B or C license to permit the licensee to operate a vehicle
5 which is designed to transport any liquid or gaseous materials within a
6 tank that is either permanently or temporarily attached to the vehicle.
7 Such vehicles include, but are not limited to, cargo tanks and portable
8 tanks, as defined in federal regulations 49 CFR part 171. This definition
9 does not include portable tanks having a rated capacity under one thousand
10 (1,000) gallons.
11 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a
12 driver's license to permit the driver to operate a motorcycle.
13 (19) "Driveway" means a private road giving access from a public way to a
14 building on abutting grounds.
15 (20) "Dromedary tractor" means every motor vehicle designed and used pri-
16 marily for drawing a semitrailer and so constructed as to carry manifested
17 cargo in addition to a part of the weight of the semitrailer.
18 SECTION 2. That Section 49-115, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 49-115. DEFINITIONS -- N. (1) "Neighborhood electric vehicle." (See
21 "Vehicle," section 49-123, Idaho Code)
22 (2) "Noncommercial vehicle." (See "Vehicle,", section 49-123, Idaho Code)
23 (23) "Nonresident" means every person who is not a resident of this
24 state.
25 (34) "Nonresident's operating privilege" means the privilege conferred
26 upon a nonresident by the laws of this state pertaining to the operation by
27 that person of a motor vehicle, or the use of a vehicle owned by that person,
28 in this state.
29 SECTION 3. That Section 49-123, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 49-123. DEFINITIONS -- V. (1) "Variable load suspension axle" means an
32 axle or axles designed to support a part of the vehicle and load and which can
33 be regulated to vary the amount of load supported by such an axle or axles and
34 which can be deployed or lifted by the operator of the vehicle. See also sec-
35 tion 49-117, Idaho Code.
36 (a) "Fully raised" means that the variable load suspension axle is in an
37 elevated position preventing the tires on such axle from having any con-
38 tact with the roadway.
39 (b) "Fully deployed" means that the variable load suspension axle is sup-
40 porting a portion of the weight of the loaded vehicle as controlled by the
41 preset pressure regulator valve.
42 (2) "Vehicle" means:
43 (a) General. Every device in, upon, or by which any person or property is
44 or may be transported or drawn upon a highway, excepting devices used
45 exclusively upon stationary rails or tracks.
46 (b) Authorized emergency vehicle. Vehicles operated by any fire depart-
47 ment or law enforcement agency of the state of Idaho or any political sub-
48 division of the state, ambulances, vehicles belonging to personnel of
49 voluntary fire departments while in performance of official duties only,
50 vehicles belonging to, or operated by EMS personnel certified or otherwise
51 recognized by the EMS bureau of the Idaho department of health and welfare
5
1 while in the performance of emergency medical services, sheriff's search
2 and rescue vehicles which are under the immediate supervision of the
3 county sheriff, wreckers which are engaged in motor vehicle recovery oper-
4 ations and are blocking part or all of one (1) or more lanes of traffic,
5 other emergency vehicles designated by the director of the Idaho state
6 police or vehicles authorized by the Idaho transportation board and used
7 in the enforcement of laws specified in section 40-510, Idaho Code, per-
8 taining to vehicles of ten thousand (10,000) pounds or greater.
9 (c) Commercial vehicle or commercial motor vehicle. For the purposes of
10 chapter 3 of this title, (driver's licenses), a motor vehicle or combina-
11 tion of motor vehicles designed or used to transport passengers or prop-
12 erty if the motor vehicle:
13 1. Has a manufacturer's gross combination weight rating (GCWR) in
14 excess of twenty-six thousand (26,000) pounds inclusive of a towed
15 unit with a manufacturer's gross vehicle weight rating (GVWR) of more
16 than ten thousand (10,000) pounds; or
17 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess
18 of twenty-six thousand (26,000) pounds; or
19 3. Is designed to transport sixteen (16) or more people, including
20 the driver; or
21 4. Is of any size and is used in the transportation of materials
22 found to be hazardous for the purposes of the hazardous material
23 transportation act and which require the motor vehicle to be
24 placarded under the hazardous materials regulations (49 CFR part 172,
25 subpart F).
26 For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis-
27 tration), a vehicle or combination of vehicles of a type used or main-
28 tained for the transportation of persons for hire, compensation or profit,
29 or the transportation of property for the owner of the vehicle, or for
30 hire, compensation, or profit, and shall include fixed load specially con-
31 structed vehicles exceeding the limits imposed by chapter 10, title 49,
32 Idaho Code, and including drilling rigs, construction, drilling and wreck-
33 er cranes, log jammers, log loaders, and similar vehicles which are nor-
34 mally operated in an overweight or oversize condition or both, but shall
35 not include those vehicles registered pursuant to sections 49-402 and
36 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor
37 vehicle used in a ridesharing arrangement that has a seating capacity for
38 not more than fifteen (15) persons, including the driver, shall not be a
39 "commercial vehicle" under the provisions of this title relating to equip-
40 ment requirements, rules of the road, or registration.
41 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer
42 or rancher, which are operated over public highways, and used exclusively
43 to transport unprocessed agricultural, dairy or livestock products raised,
44 owned and grown by the owner of the vehicle to market or place of storage;
45 and shall include the transportation by the farmer or rancher of any
46 equipment, supplies or products purchased by that farmer or rancher for
47 his own use, and used in the farming or ranching operation or used by a
48 farmer partly in transporting agricultural products or livestock from the
49 farm of another farmer that were originally grown or raised on the farm,
50 or when used partly in transporting agricultural supplies, equipment,
51 materials or livestock to the farm of another farmer for use or consump-
52 tion on the farm but not transported for hire, and shall not include vehi-
53 cles of husbandry or vehicles registered pursuant to sections 49-402 and
54 49-402A, Idaho Code.
55 (e) Foreign vehicle. Every vehicle of a type required to be registered
6
1 under the provisions of this title brought into this state from another
2 state, territory or country other than in the ordinary course of business
3 by or through a manufacturer or dealer and not registered in this state.
4 (f) Glider kit vehicle. Every large truck manufactured from a kit manu-
5 factured by a manufacturer of large trucks which consists of a frame, cab
6 complete with wiring, instruments, fenders and hood and front axles and
7 wheels. The "glider kit" is made into a complete assembly by the addition
8 of the engine, transmission, rear axles, wheels and tires.
9 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi-
10 cle which is propelled by electric power obtained from overhead trolley
11 wires but not operated upon rails, except vehicles moved solely by human
12 power, electric personal assistive mobility devices and motorized
13 wheelchairs.
14 (h) Multipurpose passenger vehicle (MPV). For the purposes of section
15 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer
16 persons which is constructed either on a truck chassis or with special
17 features for occasional off-road operation.
18 (i) Neighborhood electric vehicle (NEV). A self-propelled, electrically-
19 powered, four-wheeled motor vehicle which is emission free and conforms to
20 the definition and requirements for low-speed vehicles as adopted in the
21 federal motor vehicle safety standards for low speed vehicles under fed-
22 eral regulations at 49 CFR part 571. An NEV shall be titled, registered
23 and insured according to law as provided respectively in chapters 4, 5 and
24 12, title 49, Idaho Code, and shall only be operated by a licensed driver.
25 Operation of an NEV on a state highway shall be allowed as provided in
26 section 49-663, Idaho Code.
27 (j) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho
28 Code, (motor vehicle registration), a noncommercial vehicle shall not
29 include those vehicles required to be registered under sections 49-402 and
30 49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
31 cles which are not commercial vehicles or farm vehicles, but shall include
32 motor homes. A noncommercial vehicle shall include those vehicles having a
33 combined gross weight not in excess of sixty thousand (60,000) pounds and
34 not held out for hire, used for purposes related to private use and not
35 used in the furtherance of a business or occupation for compensation or
36 profit or for transporting goods for other than the owner.
37 (jk) Passenger car. For the purposes of section 49-966, Idaho Code, a
38 motor vehicle, except a multipurpose passenger vehicle, motorcycle or
39 trailer, designed to carry ten (10) or fewer persons.
40 (kl) Reconstructed or repaired vehicle. Every vehicle that has been
41 rebuilt or repaired using like make and model parts and visually appears
42 as a vehicle that was originally constructed under a distinctive manufac-
43 turer. This includes a salvage vehicle which is damaged to the extent that
44 a "reconstructed vehicle" or "repaired vehicle" brand is required, and
45 other vehicles which have been reconstructed by the use of a kit designed
46 to be used to construct an exact replica of a vehicle which was previously
47 constructed under a distinctive name, make, model or type by a generally
48 recognized manufacturer of vehicles. A glider kit vehicle is not a recon-
49 structed vehicle.
50 (lm) Salvage vehicle. Any vehicle for which a salvage certificate, sal-
51 vage bill of sale or other documentation showing evidence that the vehicle
52 has been declared salvage or which has been damaged to the extent that the
53 owner, or an insurer, or other person acting on behalf of the owner,
54 determines that the cost of parts and labor minus the salvage value makes
55 it uneconomical to repair or rebuild. When an insurance company has paid
7
1 money or has made other monetary settlement as compensation for a total
2 loss of any motor vehicle, such motor vehicle shall be considered to be a
3 salvage vehicle.
4 (mn) Specially constructed vehicle. Every vehicle of a type required to
5 be registered not originally constructed under a distinctive name, make,
6 model or type by a generally recognized manufacturer of vehicles and not
7 materially altered from its original construction and cannot be visually
8 identified as a vehicle produced by a particular manufacturer. This
9 includes:
10 1. A vehicle that has been structurally modified so that it does not
11 have the same appearance as a similar vehicle from the same manufac-
12 turer; or
13 2. A vehicle that has been constructed entirely from homemade parts
14 and materials not obtained from other vehicles; or
15 3. A vehicle that has been constructed by using major component
16 parts from one (1) or more manufactured vehicles and cannot be iden-
17 tified as a specific make or model; or
18 4. A vehicle constructed by the use of a custom kit that cannot be
19 visually identified as a specific make or model.
20 (no) Total loss vehicle. Every vehicle that is deemed to be uneconomical
21 to repair due to scrapping, dismantling or destruction. A total loss shall
22 occur when an insurance company or any other person pays or makes other
23 monetary settlement to the owner when it is deemed to be uneconomical to
24 repair the damaged vehicle. The compensation for total loss as defined
25 herein shall not include payments by an insurer or other person for medi-
26 cal care, bodily injury, vehicle rental or for anything other than the
27 amount paid for the actual damage to the vehicle.
28 (3) "Vehicle identification number." (See "Identifying number," section
29 49-110, Idaho Code)
30 (4) "Vehicle salesman" means any person who, for a salary, commission or
31 compensation of any kind, is employed either directly or indirectly, or regu-
32 larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
33 tiate for the sale, purchase or exchange of vehicles. (See also "full-time
34 salesman," section 49-107, Idaho Code, and "part-time salesman," section
35 49-117, Idaho Code)
36 (5) "Vessel." (See section 67-7003, Idaho Code)
37 (6) "Veteran." (See section 65-509, Idaho Code)
38 (7) "Violation" means a conviction of a misdemeanor charge involving a
39 moving traffic violation, or an admission or judicial determination of the
40 commission of an infraction involving a moving traffic infraction, except
41 bicycle infractions.
42 SECTION 4. That Section 49-402, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
45 truck, each neighborhood electric vehicle and each other motor vehicle having
46 a maximum gross weight not in excess of eight thousand (8,000) pounds shall
47 be:
48 Vehicles one (1) and two (2) years old ............................ $48.00
49 Vehicles three (3) and four (4) years old ......................... $36.00
50 Vehicles five (5) and six (6) years old ........................... $36.00
51 Vehicles seven (7) and eight (8) years old ........................ $24.00
52 Vehicles over eight (8) years old ................................. $24.00
53 There shall be twelve (12) registration periods, starting in January for
8
1 holders of validation registration stickers numbered 1, and proceeding consec-
2 utively through December for holders of validation registration stickers num-
3 bered 12, each of which shall start on the first day of a calendar month and
4 end on the last day of the twelfth month from the first day of the beginning
5 month. Registration periods shall expire midnight on the last day of the reg-
6 istration period in the year designated by the validation registration
7 sticker. The numeral digit on the validation registration stickers shall, as
8 does the registration card, fix the registration period under the staggered
9 plate system of Idaho for the purpose of reregistration and notice of expira-
10 tion.
11 A vehicle that has once been registered for any of the above designated
12 periods shall, upon reregistration, be registered for the period bearing the
13 same number, and the registration card shall show and be the exclusive proof
14 of the expiration date of registration and licensing. Vehicles may be ini-
15 tially registered for less than a twelve (12) month period, or for more than a
16 twelve (12) month period, and the fee prorated on a monthly basis if the frac-
17 tional registration tends to fulfill the purpose of the monthly series regis-
18 tration system.
19 (2) For all school buses operated either by a nonprofit, nonpublic school
20 or operated pursuant to a service contract with a school district for trans-
21 porting children to or from school or in connection with school approved
22 activities, the annual fee shall be twenty-four dollars ($24.00).
23 (3) For all motorcycles and all-terrain vehicles operated upon the public
24 highways the annual fee shall be nine dollars ($9.00). For operation of an
25 all-terrain vehicle or motorcycle off the public highways, the fee specified
26 in section 67-7122, Idaho Code, shall be paid. Registration exemptions pro-
27 vided in section 49-426(2) and (3), Idaho Code, apply to all-terrain vehicles
28 and motorcycles used for the purposes described in subsections (2) and (3) of
29 section 49-426, Idaho Code.
30 (4) For all motor homes the fee shall be as specified in subsection (1)
31 of this section and shall be in addition to the fees provided for in section
32 49-445, Idaho Code.
33 (5) Registration fees shall not be subject to refund.
34 (6) A financial institution or repossession service contracted to a
35 financial institution repossessing vehicles under the terms of a security
36 agreement shall move the vehicle from the place of repossession to the finan-
37 cial institution's place of business on a repossession plate. The repossession
38 plate shall also be used for demonstrating the vehicle to a prospective pur-
39 chaser for a period not to exceed ninety-six (96) hours. The registration fees
40 for repossession plates shall be as required in subsection (1) of this section
41 for a vehicle one (1) and two (2) years old. All other fees required under
42 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
43 The repossession plate shall be issued on an annual basis by the department.
44 (7) In addition to the annual registration fee in this section, there
45 shall be an initial program fee of twenty-five dollars ($25.00) and an annual
46 program fee of fifteen dollars ($15.00) for all special license plate pro-
47 grams for those license plates issued pursuant to sections 49-404A, 49-407,
48 49-408, 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special
49 plates issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall
50 be an initial program fee of twenty-five dollars ($25.00) but there shall be
51 no annual renewal fee. For special plates issued pursuant to sections 49-416A,
52 49-417, 49-417A, 49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-419, 49-419A,
53 49-419B, 49-419C, 49-419D, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420E
54 and 49-420G, Idaho Code, there shall be an initial program fee of thirty-five
55 dollars ($35.00) and an annual program fee of twenty-five dollars ($25.00).
9
1 The fees contained in this subsection shall be applicable to all new special
2 plate programs. The initial program fee and the annual program fee shall be
3 deposited in the state highway account and shall be used to fund the cost of
4 administration of special license plate programs, unless otherwise specified
5 by law.
6 SECTION 5. That Chapter 6, Title 49, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 49-663, Idaho Code, and to read as follows:
9 49-663. RESTRICTED USE OF NEIGHBORHOOD ELECTRIC VEHICLES ON STATE HIGH-
10 WAYS. (1) It is unlawful to operate a neighborhood electric vehicle on any
11 state highway with a posted speed limit of over twenty-five (25) miles per
12 hour.
13 (2) It is unlawful for a person operating a neighborhood electric vehicle
14 to cross any state highway with a posted speed limit greater than twenty-five
15 (25) miles per hour.
16 (3) It is unlawful for an operator of a neighborhood electric vehicle to
17 cross an uncontrolled intersection of highways that are part of the state
18 highway system.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Nonini
Seconded by Roberts
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 185
1 AMENDMENT TO SECTION 3
2 On page 6 of the printed bill, in line 25, delete "state".
3 AMENDMENTS TO SECTION 5
4 On page 9, in line 9, delete "STATE"; in line 11, delete "state"; in line
5 14, delete "state"; and delete lines 16, 17 and 18.
6 CORRECTION TO TITLE
7 On page 1, in line 2, delete "MOTOR VEHICLE LAW AND"; and in line 12,
8 delete "STATE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 185, As Amended
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO NEIGHBORHOOD ELECTRIC VEHICLES; AMENDING SECTION 49-105, IDAHO
3 CODE, TO EXPAND THE DEFINITION OF "DEALER" TO INCLUDE BUYING, SELLING OR
4 EXCHANGING NEW OR USED NEIGHBORHOOD ELECTRIC VEHICLES AND TO MAKE TECHNI-
5 CAL CORRECTIONS; AMENDING SECTION 49-115, IDAHO CODE, TO PROVIDE A REFER-
6 ENCE FOR THE DEFINITION OF "NEIGHBORHOOD ELECTRIC VEHICLE" AND TO MAKE A
7 TECHNICAL CORRECTION; AMENDING SECTION 49-123, IDAHO CODE, TO DEFINE
8 "NEIGHBORHOOD ELECTRIC VEHICLE"; AMENDING SECTION 49-402, IDAHO CODE, TO
9 PROVIDE FOR REGISTRATION OF NEIGHBORHOOD ELECTRIC VEHICLES; AND AMENDING
10 CHAPTER 6, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-663,
11 IDAHO CODE, TO PROVIDE FOR RESTRICTED USE OF NEIGHBORHOOD ELECTRIC VEHI-
12 CLES ON HIGHWAYS.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 49-105, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 49-105. DEFINITIONS -- D. (1) "Dealer" means every person in the busi-
17 ness of buying, selling or exchanging five (5) or more new or used vehicles,
18 new or used neighborhood electric vehicles, new or used motorcycles, snow
19 machines or motor scooters, travel trailers, all-terrain vehicles or motor
20 homes in any calendar year, either outright or on conditional sale, bailment,
21 lease, chattel mortgage, or otherwise, or who has an established place of
22 business for the sale, lease, trade, or display of these vehicles. No insur-
23 ance company, bank, finance company, public utilities company, or other person
24 coming into possession of any vehicle, as an incident to its regular business,
25 who shall sell that vehicle under any contractual rights it may have, shall be
26 considered a dealer. See also "salvage pool,", section 49-120, Idaho Code.
27 (2) "Dealer's selling agreement." (See "Franchise,", section 49-107,
28 Idaho Code)
29 (3) "Department" means the Idaho transportation department acting
30 directly or through its duly authorized officers and agents, except in chap-
31 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho state
32 police, except as otherwise specifically provided.
33 (4) "Designated family member" means the spouse, child, grandchild, par-
34 ent, brother or sister of the owner of a vehicle dealership who, in the event
35 of the owner's death, is entitled to inherit the ownership interest in the
36 dealership under the same terms of the owner's will, or who has been nominated
37 in any other written instrument, or who, in the case of an incapacitated owner
38 of a dealership, has been appointed by a court as the legal representative of
39 the dealer's property.
40 (5) "Director" means the director of the Idaho transportation department,
41 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
42 director of the Idaho state police.
43 (6) "Disclose" means to engage in any practice or conduct to make avail-
2
1 able and make known personal information contained in records of the depart-
2 ment about a person to any other person, organization or entity, by any means
3 of communication.
4 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by
5 the department of commercial vehicle driving privileges.
6 (8) "Distributor" means any person, firm, association, corporation or
7 trust, resident or nonresident, who has a franchise from a manufacturer of
8 vehicles to distribute vehicles in this state, and who in whole or in part
9 sells or distributes new vehicles to dealers or who maintains distributor rep-
10 resentatives.
11 (9) "Distributor branch" means a branch office similarly maintained by a
12 distributor for the same purposes a factory branch is maintained.
13 (10) "Distributor representative" means any person, firm, association,
14 corporation or trust, and each officer and employee thereof engaged as a rep-
15 resentative of a distributor or distributor branch of vehicles for the purpose
16 of making or promoting the sale of vehicles, or for supervising or contacting
17 dealers or prospective dealers.
18 (11) "District" means:
19 (a) Business district. The territory contiguous to and including a high-
20 way when within any six hundred (600) feet along the highway there are
21 buildings in use for business or industrial purposes, including hotels,
22 banks or office buildings, railroad stations and public buildings which
23 occupy at least three hundred (300) feet of frontage on one side or three
24 hundred (300) feet collectively on both sides of the highway.
25 (b) Residential district. The territory contiguous to and including a
26 highway not comprising a business district when the property on the high-
27 way for a distance of three hundred (300) feet or more is in the main
28 improved with residences, or residences and buildings in use for business.
29 (c) Urban district. The territory contiguous to and including any highway
30 which is built up with structures devoted to business, industry or dwell-
31 ing houses. For purposes of establishing speed limits in accordance with
32 the provisions of section 49-654, Idaho Code, no state highway or any por-
33 tion thereof lying within the boundaries of an urban district is subject
34 to the limitations which otherwise apply to nonstate highways within an
35 urban district. Provided, this subsection shall not limit the authority of
36 the duly elected officials of an incorporated city acting as a local
37 authority to decrease speed limits on state highways passing through any
38 district within the incorporated city.
39 (12) "Documented vessel" means a vessel having a valid marine document as
40 a vessel of the United States.
41 (13) "Drag race" means the operation of two (2) or more vehicles from a
42 point side by side at accelerating speeds in a competitive attempt to outdis-
43 tance each other, or the operation of one (1) or more vehicles over a common
44 selected course, from the same point to the same point, for the purpose of
45 comparing the relative speeds or power of acceleration of the vehicles within
46 a certain distance or time limit.
47 (14) "Driver" means every person who drives or is in actual physical con-
48 trol of a vehicle.
49 (15) "Driver's license" means a license or permit issued by the department
50 or by any other jurisdiction to an individual which authorizes the individual
51 to operate a motor vehicle or commercial motor vehicle on the highways in
52 accordance with the requirements of title 49, Idaho Code.
53 (16) "Driver's license -- cClasses of" are issued for the operation of a
54 vehicle based on the size of the vehicle or the type of load and mean:
55 (a) Class A. This license shall be issued and valid for the operation of
3
1 any combination of motor vehicles with a manufacturer's gross combination
2 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds,
3 provided the manufacturer's gross vehicle weight rating (GVWR) of the
4 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per-
5 sons holding a valid class A license may also operate vehicles requiring a
6 class B, C, or D license.
7 (b) Class B. This license shall be issued and valid for the operation of
8 any single vehicle with a manufacturer's gross vehicle weight rating
9 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
10 cle towing a vehicle not in excess of ten thousand (10,000) pounds
11 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
12 class B license may also operate vehicles requiring a class C license or a
13 class D license.
14 (c) Class C. This license shall be issued and valid for the operation of
15 any single vehicle or combination of vehicles that does not meet the defi-
16 nition of class A or class B, as defined in this section, but that either
17 is designed to transport sixteen (16) or more people including the driver,
18 or is of any size which does not meet the definition of class A or class B
19 and is used in the transportation of materials found to be hazardous
20 according to the hazardous material transportation act and which requires
21 the motor vehicle to be placarded under the federal hazardous materials
22 regulations 49 CFR part 172, subpart F. Persons holding a valid class C
23 license may also operate vehicles requiring a class D license.
24 (d) Class D. This license shall be issued and valid for the operation of
25 a motor vehicle that is not a commercial vehicle as defined in section
26 49-123, Idaho Code.
27 (e) "Seasonal driver's license" means a special restricted class B or C
28 driver's license to operate certain commercial vehicles in farm-related
29 industries under restrictions imposed by the department. As used in this
30 definition, "farm-related industry" shall mean custom harvesters, farm
31 retail outlets and suppliers, agri-chemical businesses and livestock
32 feeders. Seasonal driver's licenses are not valid for driving vehicles
33 carrying any quantities of hazardous material requiring placarding, except
34 for diesel fuel in quantities of one thousand (1,000) gallons or less,
35 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of
36 husbandry with total capacities of three thousand (3,000) gallons or less,
37 and solid fertilizers, i.e., solid plant nutrients, that are not mixed
38 with any organic substance.
39 (17) "Driver record" means any record that pertains to an individual's
40 driver's license, driving permit, driving privileges, driving history, identi-
41 fication documents or other similar credentials issued by the department.
42 (18) "Driver's license endorsements" means special authorizations that are
43 required to be displayed on a driver's license which permit the driver to
44 operate certain types of commercial vehicles or commercial vehicles hauling
45 certain types of cargo, or to operate a motorcycle.
46 (a) "Endorsement T -- Double/tTriple trailer" means this endorsement is
47 required on a class A, B or C license to permit the licensee to operate a
48 vehicle authorized to tow more than one (1) trailer.
49 (b) "Endorsement H -- Hazardous material" means this endorsement is
50 required on a class A, B or C license if the driver is operating a vehicle
51 used in the transportation of materials found to be hazardous according to
52 the hazardous material transportation act and which requires the motor
53 vehicle to be placarded under the federal hazardous materials regulations
54 49 CFR part 172, subpart F.
55 (c) "Endorsement P -- Passenger" means this endorsement is required on a
4
1 class A, B or C license to permit the licensee to operate a vehicle
2 designed to transport sixteen (16) or more people including the driver.
3 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on
4 a class A, B or C license to permit the licensee to operate a vehicle
5 which is designed to transport any liquid or gaseous materials within a
6 tank that is either permanently or temporarily attached to the vehicle.
7 Such vehicles include, but are not limited to, cargo tanks and portable
8 tanks, as defined in federal regulations 49 CFR part 171. This definition
9 does not include portable tanks having a rated capacity under one thousand
10 (1,000) gallons.
11 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a
12 driver's license to permit the driver to operate a motorcycle.
13 (19) "Driveway" means a private road giving access from a public way to a
14 building on abutting grounds.
15 (20) "Dromedary tractor" means every motor vehicle designed and used pri-
16 marily for drawing a semitrailer and so constructed as to carry manifested
17 cargo in addition to a part of the weight of the semitrailer.
18 SECTION 2. That Section 49-115, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 49-115. DEFINITIONS -- N. (1) "Neighborhood electric vehicle." (See
21 "Vehicle," section 49-123, Idaho Code)
22 (2) "Noncommercial vehicle." (See "Vehicle,", section 49-123, Idaho Code)
23 (23) "Nonresident" means every person who is not a resident of this
24 state.
25 (34) "Nonresident's operating privilege" means the privilege conferred
26 upon a nonresident by the laws of this state pertaining to the operation by
27 that person of a motor vehicle, or the use of a vehicle owned by that person,
28 in this state.
29 SECTION 3. That Section 49-123, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 49-123. DEFINITIONS -- V. (1) "Variable load suspension axle" means an
32 axle or axles designed to support a part of the vehicle and load and which can
33 be regulated to vary the amount of load supported by such an axle or axles and
34 which can be deployed or lifted by the operator of the vehicle. See also sec-
35 tion 49-117, Idaho Code.
36 (a) "Fully raised" means that the variable load suspension axle is in an
37 elevated position preventing the tires on such axle from having any con-
38 tact with the roadway.
39 (b) "Fully deployed" means that the variable load suspension axle is sup-
40 porting a portion of the weight of the loaded vehicle as controlled by the
41 preset pressure regulator valve.
42 (2) "Vehicle" means:
43 (a) General. Every device in, upon, or by which any person or property is
44 or may be transported or drawn upon a highway, excepting devices used
45 exclusively upon stationary rails or tracks.
46 (b) Authorized emergency vehicle. Vehicles operated by any fire depart-
47 ment or law enforcement agency of the state of Idaho or any political sub-
48 division of the state, ambulances, vehicles belonging to personnel of
49 voluntary fire departments while in performance of official duties only,
50 vehicles belonging to, or operated by EMS personnel certified or otherwise
51 recognized by the EMS bureau of the Idaho department of health and welfare
5
1 while in the performance of emergency medical services, sheriff's search
2 and rescue vehicles which are under the immediate supervision of the
3 county sheriff, wreckers which are engaged in motor vehicle recovery oper-
4 ations and are blocking part or all of one (1) or more lanes of traffic,
5 other emergency vehicles designated by the director of the Idaho state
6 police or vehicles authorized by the Idaho transportation board and used
7 in the enforcement of laws specified in section 40-510, Idaho Code, per-
8 taining to vehicles of ten thousand (10,000) pounds or greater.
9 (c) Commercial vehicle or commercial motor vehicle. For the purposes of
10 chapter 3 of this title, (driver's licenses), a motor vehicle or combina-
11 tion of motor vehicles designed or used to transport passengers or prop-
12 erty if the motor vehicle:
13 1. Has a manufacturer's gross combination weight rating (GCWR) in
14 excess of twenty-six thousand (26,000) pounds inclusive of a towed
15 unit with a manufacturer's gross vehicle weight rating (GVWR) of more
16 than ten thousand (10,000) pounds; or
17 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess
18 of twenty-six thousand (26,000) pounds; or
19 3. Is designed to transport sixteen (16) or more people, including
20 the driver; or
21 4. Is of any size and is used in the transportation of materials
22 found to be hazardous for the purposes of the hazardous material
23 transportation act and which require the motor vehicle to be
24 placarded under the hazardous materials regulations (49 CFR part 172,
25 subpart F).
26 For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis-
27 tration), a vehicle or combination of vehicles of a type used or main-
28 tained for the transportation of persons for hire, compensation or profit,
29 or the transportation of property for the owner of the vehicle, or for
30 hire, compensation, or profit, and shall include fixed load specially con-
31 structed vehicles exceeding the limits imposed by chapter 10, title 49,
32 Idaho Code, and including drilling rigs, construction, drilling and wreck-
33 er cranes, log jammers, log loaders, and similar vehicles which are nor-
34 mally operated in an overweight or oversize condition or both, but shall
35 not include those vehicles registered pursuant to sections 49-402 and
36 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor
37 vehicle used in a ridesharing arrangement that has a seating capacity for
38 not more than fifteen (15) persons, including the driver, shall not be a
39 "commercial vehicle" under the provisions of this title relating to equip-
40 ment requirements, rules of the road, or registration.
41 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer
42 or rancher, which are operated over public highways, and used exclusively
43 to transport unprocessed agricultural, dairy or livestock products raised,
44 owned and grown by the owner of the vehicle to market or place of storage;
45 and shall include the transportation by the farmer or rancher of any
46 equipment, supplies or products purchased by that farmer or rancher for
47 his own use, and used in the farming or ranching operation or used by a
48 farmer partly in transporting agricultural products or livestock from the
49 farm of another farmer that were originally grown or raised on the farm,
50 or when used partly in transporting agricultural supplies, equipment,
51 materials or livestock to the farm of another farmer for use or consump-
52 tion on the farm but not transported for hire, and shall not include vehi-
53 cles of husbandry or vehicles registered pursuant to sections 49-402 and
54 49-402A, Idaho Code.
55 (e) Foreign vehicle. Every vehicle of a type required to be registered
6
1 under the provisions of this title brought into this state from another
2 state, territory or country other than in the ordinary course of business
3 by or through a manufacturer or dealer and not registered in this state.
4 (f) Glider kit vehicle. Every large truck manufactured from a kit manu-
5 factured by a manufacturer of large trucks which consists of a frame, cab
6 complete with wiring, instruments, fenders and hood and front axles and
7 wheels. The "glider kit" is made into a complete assembly by the addition
8 of the engine, transmission, rear axles, wheels and tires.
9 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi-
10 cle which is propelled by electric power obtained from overhead trolley
11 wires but not operated upon rails, except vehicles moved solely by human
12 power, electric personal assistive mobility devices and motorized
13 wheelchairs.
14 (h) Multipurpose passenger vehicle (MPV). For the purposes of section
15 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer
16 persons which is constructed either on a truck chassis or with special
17 features for occasional off-road operation.
18 (i) Neighborhood electric vehicle (NEV). A self-propelled, electrically-
19 powered, four-wheeled motor vehicle which is emission free and conforms to
20 the definition and requirements for low-speed vehicles as adopted in the
21 federal motor vehicle safety standards for low speed vehicles under fed-
22 eral regulations at 49 CFR part 571. An NEV shall be titled, registered
23 and insured according to law as provided respectively in chapters 4, 5 and
24 12, title 49, Idaho Code, and shall only be operated by a licensed driver.
25 Operation of an NEV on a highway shall be allowed as provided in section
26 49-663, Idaho Code.
27 (j) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho
28 Code, (motor vehicle registration), a noncommercial vehicle shall not
29 include those vehicles required to be registered under sections 49-402 and
30 49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
31 cles which are not commercial vehicles or farm vehicles, but shall include
32 motor homes. A noncommercial vehicle shall include those vehicles having a
33 combined gross weight not in excess of sixty thousand (60,000) pounds and
34 not held out for hire, used for purposes related to private use and not
35 used in the furtherance of a business or occupation for compensation or
36 profit or for transporting goods for other than the owner.
37 (jk) Passenger car. For the purposes of section 49-966, Idaho Code, a
38 motor vehicle, except a multipurpose passenger vehicle, motorcycle or
39 trailer, designed to carry ten (10) or fewer persons.
40 (kl) Reconstructed or repaired vehicle. Every vehicle that has been
41 rebuilt or repaired using like make and model parts and visually appears
42 as a vehicle that was originally constructed under a distinctive manufac-
43 turer. This includes a salvage vehicle which is damaged to the extent that
44 a "reconstructed vehicle" or "repaired vehicle" brand is required, and
45 other vehicles which have been reconstructed by the use of a kit designed
46 to be used to construct an exact replica of a vehicle which was previously
47 constructed under a distinctive name, make, model or type by a generally
48 recognized manufacturer of vehicles. A glider kit vehicle is not a recon-
49 structed vehicle.
50 (lm) Salvage vehicle. Any vehicle for which a salvage certificate, sal-
51 vage bill of sale or other documentation showing evidence that the vehicle
52 has been declared salvage or which has been damaged to the extent that the
53 owner, or an insurer, or other person acting on behalf of the owner,
54 determines that the cost of parts and labor minus the salvage value makes
55 it uneconomical to repair or rebuild. When an insurance company has paid
7
1 money or has made other monetary settlement as compensation for a total
2 loss of any motor vehicle, such motor vehicle shall be considered to be a
3 salvage vehicle.
4 (mn) Specially constructed vehicle. Every vehicle of a type required to
5 be registered not originally constructed under a distinctive name, make,
6 model or type by a generally recognized manufacturer of vehicles and not
7 materially altered from its original construction and cannot be visually
8 identified as a vehicle produced by a particular manufacturer. This
9 includes:
10 1. A vehicle that has been structurally modified so that it does not
11 have the same appearance as a similar vehicle from the same manufac-
12 turer; or
13 2. A vehicle that has been constructed entirely from homemade parts
14 and materials not obtained from other vehicles; or
15 3. A vehicle that has been constructed by using major component
16 parts from one (1) or more manufactured vehicles and cannot be iden-
17 tified as a specific make or model; or
18 4. A vehicle constructed by the use of a custom kit that cannot be
19 visually identified as a specific make or model.
20 (no) Total loss vehicle. Every vehicle that is deemed to be uneconomical
21 to repair due to scrapping, dismantling or destruction. A total loss shall
22 occur when an insurance company or any other person pays or makes other
23 monetary settlement to the owner when it is deemed to be uneconomical to
24 repair the damaged vehicle. The compensation for total loss as defined
25 herein shall not include payments by an insurer or other person for medi-
26 cal care, bodily injury, vehicle rental or for anything other than the
27 amount paid for the actual damage to the vehicle.
28 (3) "Vehicle identification number." (See "Identifying number," section
29 49-110, Idaho Code)
30 (4) "Vehicle salesman" means any person who, for a salary, commission or
31 compensation of any kind, is employed either directly or indirectly, or regu-
32 larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
33 tiate for the sale, purchase or exchange of vehicles. (See also "full-time
34 salesman," section 49-107, Idaho Code, and "part-time salesman," section
35 49-117, Idaho Code)
36 (5) "Vessel." (See section 67-7003, Idaho Code)
37 (6) "Veteran." (See section 65-509, Idaho Code)
38 (7) "Violation" means a conviction of a misdemeanor charge involving a
39 moving traffic violation, or an admission or judicial determination of the
40 commission of an infraction involving a moving traffic infraction, except
41 bicycle infractions.
42 SECTION 4. That Section 49-402, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
45 truck, each neighborhood electric vehicle and each other motor vehicle having
46 a maximum gross weight not in excess of eight thousand (8,000) pounds shall
47 be:
48 Vehicles one (1) and two (2) years old ............................ $48.00
49 Vehicles three (3) and four (4) years old ......................... $36.00
50 Vehicles five (5) and six (6) years old ........................... $36.00
51 Vehicles seven (7) and eight (8) years old ........................ $24.00
52 Vehicles over eight (8) years old ................................. $24.00
53 There shall be twelve (12) registration periods, starting in January for
8
1 holders of validation registration stickers numbered 1, and proceeding consec-
2 utively through December for holders of validation registration stickers num-
3 bered 12, each of which shall start on the first day of a calendar month and
4 end on the last day of the twelfth month from the first day of the beginning
5 month. Registration periods shall expire midnight on the last day of the reg-
6 istration period in the year designated by the validation registration
7 sticker. The numeral digit on the validation registration stickers shall, as
8 does the registration card, fix the registration period under the staggered
9 plate system of Idaho for the purpose of reregistration and notice of expira-
10 tion.
11 A vehicle that has once been registered for any of the above designated
12 periods shall, upon reregistration, be registered for the period bearing the
13 same number, and the registration card shall show and be the exclusive proof
14 of the expiration date of registration and licensing. Vehicles may be ini-
15 tially registered for less than a twelve (12) month period, or for more than a
16 twelve (12) month period, and the fee prorated on a monthly basis if the frac-
17 tional registration tends to fulfill the purpose of the monthly series regis-
18 tration system.
19 (2) For all school buses operated either by a nonprofit, nonpublic school
20 or operated pursuant to a service contract with a school district for trans-
21 porting children to or from school or in connection with school approved
22 activities, the annual fee shall be twenty-four dollars ($24.00).
23 (3) For all motorcycles and all-terrain vehicles operated upon the public
24 highways the annual fee shall be nine dollars ($9.00). For operation of an
25 all-terrain vehicle or motorcycle off the public highways, the fee specified
26 in section 67-7122, Idaho Code, shall be paid. Registration exemptions pro-
27 vided in section 49-426(2) and (3), Idaho Code, apply to all-terrain vehicles
28 and motorcycles used for the purposes described in subsections (2) and (3) of
29 section 49-426, Idaho Code.
30 (4) For all motor homes the fee shall be as specified in subsection (1)
31 of this section and shall be in addition to the fees provided for in section
32 49-445, Idaho Code.
33 (5) Registration fees shall not be subject to refund.
34 (6) A financial institution or repossession service contracted to a
35 financial institution repossessing vehicles under the terms of a security
36 agreement shall move the vehicle from the place of repossession to the finan-
37 cial institution's place of business on a repossession plate. The repossession
38 plate shall also be used for demonstrating the vehicle to a prospective pur-
39 chaser for a period not to exceed ninety-six (96) hours. The registration fees
40 for repossession plates shall be as required in subsection (1) of this section
41 for a vehicle one (1) and two (2) years old. All other fees required under
42 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
43 The repossession plate shall be issued on an annual basis by the department.
44 (7) In addition to the annual registration fee in this section, there
45 shall be an initial program fee of twenty-five dollars ($25.00) and an annual
46 program fee of fifteen dollars ($15.00) for all special license plate pro-
47 grams for those license plates issued pursuant to sections 49-404A, 49-407,
48 49-408, 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special
49 plates issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall
50 be an initial program fee of twenty-five dollars ($25.00) but there shall be
51 no annual renewal fee. For special plates issued pursuant to sections 49-416A,
52 49-417, 49-417A, 49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-419, 49-419A,
53 49-419B, 49-419C, 49-419D, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420E
54 and 49-420G, Idaho Code, there shall be an initial program fee of thirty-five
55 dollars ($35.00) and an annual program fee of twenty-five dollars ($25.00).
9
1 The fees contained in this subsection shall be applicable to all new special
2 plate programs. The initial program fee and the annual program fee shall be
3 deposited in the state highway account and shall be used to fund the cost of
4 administration of special license plate programs, unless otherwise specified
5 by law.
6 SECTION 5. That Chapter 6, Title 49, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 49-663, Idaho Code, and to read as follows:
9 49-663. RESTRICTED USE OF NEIGHBORHOOD ELECTRIC VEHICLES ON HIGHWAYS. (1)
10 It is unlawful to operate a neighborhood electric vehicle on any highway with
11 a posted speed limit of over twenty-five (25) miles per hour.
12 (2) It is unlawful for a person operating a neighborhood electric vehicle
13 to cross any highway with a posted speed limit greater than twenty-five (25)
14 miles per hour.
STATEMENT OF PURPOSE
RS 14889
The purpose of this legislation is to allow Neighborhood
Electric Vehicles to be licensed and titled for operation on
certain public roads.
FISCAL NOTE
None
Contact
Name: Rep. Bob Nonini
Phone: 332-1000
Denise Brennan, Idaho Automobile Dealers Association
STATEMENT OF PURPOSE/FISCAL NOTE H 185