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S1132.....................................................by TRANSPORTATION
SCHOOL BUS WARNING DEVICES - Amends existing law relating to the
investigation of reported violations of failing to obey school bus warning
devices to provide that the registered owner is prima facie the driver of
the vehicle at the time of the alleged violation if the investigating peace
officer is unable to establish the identity of the driver of the vehicle
involved in the violation; and to provide an exception.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1132
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO INVESTIGATION OF REPORTED VIOLATION OF FAILING TO OBEY SCHOOL BUS
3 WARNING DEVICES; AMENDING SECTION 49-1423, IDAHO CODE, TO PROVIDE THAT THE
4 REGISTERED OWNER IS PRIMA FACIE THE DRIVER OF THE VEHICLE AT THE TIME OF
5 THE ALLEGED VIOLATION IF THE INVESTIGATING PEACE OFFICER IS UNABLE TO
6 ESTABLISH THE IDENTITY OF THE DRIVER OF THE VEHICLE INVOLVED IN THE VIOLA-
7 TION, TO PROVIDE AN EXCEPTION AND TO MAKE TECHNICAL CHANGES.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 49-1423, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-1423. INVESTIGATION OF REPORTED VIOLATION OF FAILING TO OBEY SCHOOL
12 BUS WARNING DEVICES. (1) The driver of a school bus who observes a violation
13 of section 49-1422, Idaho Code, shall prepare a written report on a form pro-
14 vided by the department of education indicating that a violation has occurred.
15 The school bus driver or a school official shall deliver the report no more
16 than seventy-two (72) hours after the alleged violation occurred to a peace
17 officer of the state or a peace officer of the county or municipality in which
18 the alleged violation occurred. The report shall state the time and the loca-
19 tion at which the alleged violation occurred and shall include the motor vehi-
20 cle license plate number and a description of the vehicle involved in the
21 alleged violation.
22 (2) Not more than seven (7) calendar days after receiving a report of an
23 alleged violation of section 49-1422, Idaho Code, from a school bus driver or
24 a school official, the peace officer shall initiate an investigation of the
25 reported violation and contact the registered owner of the motor vehicle
26 involved in the reported violation and request that the owner supply informa-
27 tion identifying the driver if the registered owner claims he was not the
28 driver at the time the alleged violation occurred. If, from the investigation,
29 the peace officer is able:
30 (a) Able to identify the driver and has reasonable cause to believe a
31 violation of section 49-1422, Idaho Code, has occurred, the peace officer
32 shall prepare a uniform traffic citation for the violation and shall serve
33 it personally or by certified mail to the driver of the vehicle.
34 (b) Unable to identify the driver, and has reasonable cause to believe a
35 violation of section 49-1422, Idaho Code, has occurred, the registered
36 owner is prima facie the driver of the vehicle at the time of the alleged
37 violation. The peace officer shall prepare a uniform traffic citation for
38 the violation and shall serve it personally or by certified mail to the
39 registered owner of the vehicle. This presumption does not apply to the
40 registered owner of a vehicle involved in a violation of section 49-1422,
41 Idaho Code, if the owner routinely engages in the business of renting the
42 vehicle for periods of thirty (30) days or less.
STATEMENT OF PURPOSE
RS 14971
Relating to investigation of reported violation of failing to obey school bus warning devices;
amending Section 49-1423, Idaho Code, to provide that the registered owner is prima facie the
driver of the vehicle at the time of the alleged violation if the investigating peace office is unable
to establish the identity of the driver of the vehicle involved in the violation, to provide
an exception and to make technical changes.
FISCAL IMPACT
Not to Idaho Department of Transportation. There may be some nominal costs to law
enforcement.
Contact
Name: Senator John McGee
Phone: 208-332-1336
STATEMENT OF PURPOSE/FISCAL NOTE S 1132