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H0193.........................................by TRANSPORTATION AND DEFENSE
PORTS OF ENTRY - Amends existing law to clarify the enforcement authority
of Idaho Transportation Department employees at ports of entry and checking
stations.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Transp
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, 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, Trail, Wills, Wood,
Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Cannon, Lake, Stevenson
Floor Sponsor - Smith(24)
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to Transp
03/18 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 33-0-1, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Keough, (District 21 seat vacant)
Floor Sponsor - Little
Title apvd - to House
03/23 To enrol
03/24 Rpt enrol - Sp signed
03/25 Pres signed
03/28 To Governor
03/30 Governor VETOED
03/31 Held at Desk
04/06 Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 193
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO PORTS OF ENTRY AND CHECKING STATIONS ESTABLISHED BY THE IDAHO
3 TRANSPORTATION DEPARTMENT; AMENDING SECTION 40-510, IDAHO CODE, TO PROVIDE
4 A CORRECT CODE REFERENCE; AND AMENDING SECTION 40-511, IDAHO CODE, TO
5 CLARIFY THE ENFORCEMENT AUTHORITY OF TRANSPORTATION DEPARTMENT EMPLOYEES
6 AT PORTS OF ENTRY AND CHECKING STATIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 40-510, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 40-510. PORTS OF ENTRY OR CHECKING STATIONS ESTABLISHED -- MOTOR VEHICLE
11 INVESTIGATOR ACTIVITIES -- AUTHORITY OF THE BOARD TO EMPLOY INDIVIDUALS. (1)
12 To augment and help make more efficient and effective the enforcement of cer-
13 tain laws of the state of Idaho, the Idaho transportation department is hereby
14 authorized and directed to establish from time to time temporary or permanent
15 ports of entry or checking stations upon any highways in the state of Idaho,
16 at such places as the Idaho transportation department shall deem necessary and
17 advisable.
18 (2) The board is authorized to appoint and employ individuals who shall
19 have limited peace officer authority for the enforcement of such motor vehicle
20 related laws as are herein specified:
21 (a) Sections 18-3906 and 18-8001, Idaho Code;
22 (b) Sections 25-1105 and 25-1182(2), Idaho Code;
23 (c) Sections 40-510 through 40-5142, Idaho Code;
24 (d) Chapters 1 through 5, 9, 10, 11, 15 through 19, 22 and 24, title 49,
25 sections 49-619, 49-660, 49-1407, 49-1418 and 49-1427 through 49-1430,
26 Idaho Code;
27 (e) Sections 63-2438, 63-2440, 63-2441 and 63-2443, Idaho Code; and
28 (f) Section 67-2901A, Idaho Code.
29 (3) Motor vehicle investigators shall have the authority to access confi-
30 dential vehicle identification number information.
31 (4) Any employee so appointed shall have the authority to issue misde-
32 meanor traffic citations in accordance with the provisions of section 49-1409,
33 Idaho Code, and infraction citations in accordance with the provisions of
34 chapter 15, title 49, Idaho Code.
35 (5) No employee of the department shall carry or use a firearm of any
36 type in the performance of his duties unless specifically authorized in writ-
37 ing by the director of the Idaho state police to do so.
38 (6) The board is authorized to extend the authority as provided in this
39 section to authorized employees of contiguous states upon approval of a bilat-
40 eral agreement according to the provisions of section 40-317, Idaho Code.
41 SECTION 2. That Section 40-511, Idaho Code, be, and the same is hereby
42 amended to read as follows:
2
1 40-511. STOPPING AND INSPECTION. (1) Wherever by the laws of the state of
2 Idaho any vehicle with a maximum gross weight or registered gross weight, or
3 operated at a gross weight of twenty-six thousand one (26,001) pounds or more,
4 excepting those transporting livestock or placardable quantities of hazardous
5 materials, is used to transport any merchandise, product or commodity within
6 the state, within the state to without the state, or from without the state to
7 within the state, the owner or operator of either the motor vehicle or
8 trailer, as defined in chapter 1, title 49, Idaho Code, used to transport such
9 merchandise, product or commodity is hereby required to stop at such ports of
10 entry or checking stations established by the Idaho transportation department
11 and submit to inspection, grading or weighing, for compliance with the laws of
12 the state of Idaho.
13 (2) Vehicles or combinations of vehicles with a maximum gross weight of
14 ten thousand (10,000) pounds or more transporting livestock or placardable
15 quantities of hazardous materials are required to stop at all ports of entry
16 or checking stations established by the Idaho transportation department.
17 (3) It shall be the duty of such owner or operator of every motor vehicle
18 or trailer to drive the motor vehicle or trailer upon any state owned station-
19 ary or portable scale or private scale, certified by the state of Idaho when
20 requested to do so by any peace officer, excepting fish and game officers, or
21 authorized employees of the Idaho transportation department.
22 (4) Authorized employees of the transportation department may stop any
23 vehicle with a maximum gross weight of eighteen thousand (18,000) pounds or
24 more by displaying a flashing red light if the authorized employee has proba-
25 ble cause to believe the vehicle bypassed a weighing or inspection station or
26 proceeded through the station without regard for the directional signals.
27 Authorized employees may direct a vehicle which has bypassed a weighing or
28 inspection station or has proceeded through the station without regard for the
29 directional signals, to return to the bypassed inspection or weighing station
30 and may issue a citation for failure to stop as required in this section. The
31 operator of a vehicle shall bring the vehicle to a stop, pulling off the
32 traveled portion of the highway when directed to do so by an authorized
33 employee of the transportation department by use of emergency lights or siren.
STATEMENT OF PURPOSE
RS 14960C1
There has been some confusion in the courts regarding when
vehicles must stop at weigh stations. This legislation will
amend Section 40-511, Idaho Code, to further clarify those
vehicles required to stop at ports of entry for
inspection/weighing. Additionally it will clarify that the
referenced code sections under (2)(b) end at Section 512 and not
Section 514 as currently listed.
FISCAL NOTE
No fiscal impact to the Department or the Motor Carrier Industry.
Contact
Name: Rep. Leon Smith
Phone: 332-1000
Name: Alan Frew, ITD
Phone: 334-8809
STATEMENT OF PURPOSE/FISCAL NOTE H 193