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S1189................................................by JUDICIARY AND RULES
MOTOR VEHICLE ACCIDENTS - Amends existing law relating to accidents
involving damage to vehicles to provide that a peace officer is authorized
to require removal from the main-traveled part of the highway cargo and
debris caused by a motor vehicle accident; to authorize the assistance of
transportation department employees in removal of cargo and debris; to
provide that persons lawfully involved in the removal shall not be liable
for damage caused by reasonable efforts of removal; to provide that the
provisions of this section shall not be construed to allow interference
with duties of law enforcement officers; to require drivers of vehicles
involved in accidents which result only in damage to the vehicles and which
occur on divided, access-controlled highways or interstate highways to make
the required stop by moving the vehicle to the shoulder, emergency lane or
median if such a move can be made in accordance with specified conditions;
to provide that drivers or other persons removing a vehicle in fulfillment
of the requirements of law shall not be liable or considered at fault
regarding the cause of the accident solely by reason of moving the vehicle;
and to provide that the provisions of this section shall not be construed
to allow interference with duties of law enforcement officers.
03/10 Senate intro - 1st rdg - to printing
03/11 Rpt prt - to Transp
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 31-0-3, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Williams
NAYS -- None
Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat
vacant)
Floor Sponsor - McGee
Title apvd - to House
03/22 House intro - 1st rdg - to Transp
03/23 Rpt out - rec d/p - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 69-0-1
AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, 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, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24)(Frost), Smylie, Snodgrass, Stevenson,
Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Anderson
Floor Sponsor - Cannon
Title apvd - to Senate
03/29 To enrol
03/30 Rpt enrol - Pres signed
03/31 Sp signed - To Governor
04/06 Governor signed
Session Law Chapter 310
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1189
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ACCIDENTS INVOLVING DAMAGE TO VEHICLES; AMENDING SECTION 49-662,
3 IDAHO CODE, TO PROVIDE THAT A PEACE OFFICER IS AUTHORIZED TO REQUIRE
4 REMOVAL FROM THE MAIN-TRAVELED PART OF A HIGHWAY CARGO AND DEBRIS CAUSED
5 BY A MOTOR VEHICLE ACCIDENT, TO AUTHORIZE THE ASSISTANCE OF TRANSPORTATION
6 DEPARTMENT EMPLOYEES IN REMOVAL OF CARGO AND DEBRIS, TO PROVIDE THAT PER-
7 SONS LAWFULLY INVOLVED IN THE REMOVAL SHALL NOT BE LIABLE FOR DAMAGE
8 CAUSED BY REASONABLE EFFORTS OF REMOVAL, TO PROVIDE THAT THE PROVISIONS OF
9 THIS SECTION SHALL NOT BE CONSTRUED TO ALLOW INTERFERENCE WITH DUTIES OF
10 LAW ENFORCEMENT OFFICERS AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING
11 SECTION 49-1301, IDAHO CODE, TO REQUIRE DRIVERS OF VEHICLES INVOLVED IN
12 ACCIDENTS WHICH RESULT ONLY IN DAMAGE TO THE VEHICLE AND WHICH OCCUR ON
13 DIVIDED, ACCESS-CONTROLLED HIGHWAYS OR INTERSTATE HIGHWAYS TO MAKE THE
14 REQUIRED STOP BY MOVING THE VEHICLE TO THE SHOULDER, EMERGENCY LANE OR
15 MEDIAN IF SUCH A MOVE CAN BE MADE IN ACCORDANCE WITH SPECIFIED CONDITIONS,
16 TO PROVIDE THAT DRIVERS OR OTHER PERSONS REMOVING A VEHICLE IN FULFILLMENT
17 OF THE REQUIREMENTS OF LAW SHALL NOT BE LIABLE OR CONSIDERED AT FAULT
18 REGARDING THE CAUSE OF THE ACCIDENT SOLELY BY REASON OF MOVING THE VEHICLE
19 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED
20 TO ALLOW INTERFERENCE WITH DUTIES OF LAW ENFORCEMENT OFFICERS.
21 Be It Enacted by the Legislature of the State of Idaho:
22 SECTION 1. That Section 49-662, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-662. OFFICERS AUTHORIZED TO REMOVE VEHICLES. (1) Whenever any peace
25 officer finds a vehicle in violation of any of the provisions of section
26 49-659, Idaho Code, the officer is authorized to move the vehicle, or require
27 the driver or other person in charge of the vehicle to move it to a position
28 off the roadway.
29 (2) Any peace officer is authorized to remove or cause to be removed to a
30 place of safety any unattended vehicle illegally left standing upon any high-
31 way in a position or under circumstances as to obstruct the normal movement of
32 traffic.
33 (3) Any peace officer is authorized to remove or cause to be removed to
34 the nearest garage or other place of safety any vehicle found upon a highway
35 when:
36 (a) A report has been made that the vehicle has been stolen or taken
37 without the consent of its owner,; or
38 (b) The person or persons in charge of the vehicle are unable to provide
39 for its custody or removal,; or
40 (c) The person driving or in control of the vehicle is arrested for an
41 alleged offense for which the officer is required by law to take the per-
42 son arrested before a proper magistrate without unnecessary delay.
43 (4) Whenever any peace officer finds a vehicle inoperable as a result of
2
1 an accident and standing upon a highway, the officer is authorized to require
2 the driver or other person in charge of the vehicle to have the vehicle
3 removed from the scene of the accident to a position off the paved or main-
4 traveled part of the highway. In the event that the owner of the vehicle is
5 left incapacitated resulting from injuries suffered from the accident, the
6 officer is authorized to have the inoperative vehicle moved from the scene to
7 the nearest garage or other place of safety.
8 (5) A peace officer is authorized to require the removal from the main-
9 traveled part of the highway cargo or debris caused by a motor vehicle acci-
10 dent, provided that:
11 (a) The accident occurs with no apparent serious personal injury or
12 death; and
13 (b) The removal can be accomplished safely and the removal will result in
14 the improved safety or convenience of travel on the highway.
15 (6) A transportation department employee in the exercise of the manage-
16 ment, control and maintenance of a highway of the state highway system may
17 assist in the removal from the main-traveled part of the highway cargo or
18 debris caused by a motor vehicle accident when directed by a peace officer.
19 (7) Neither the peace officer nor transportation department employee, nor
20 anyone acting under the direction of the officer is liable for damage to the
21 motor vehicle, cargo or debris caused by reasonable efforts of removal.
22 (8) Nothing herein shall be construed to interfere with the duty of any
23 city, county or state police officer to investigate and detect crime and
24 enforce the penal, traffic or highway laws of this state or any political sub-
25 division.
26 SECTION 2. That Section 49-1301, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 49-1301. ACCIDENTS INVOLVING DAMAGE TO VEHICLE. (1) The driver of any
29 vehicle involved in an accident, either on public or private property open to
30 the public, resulting only in damage to a vehicle which is driven or attended
31 by any person shall immediately stop the vehicle at the scene of the accident,
32 or as close as possible, and shall immediately return to, and in every event
33 shall remain at, the scene of the accident until he has fulfilled the require-
34 ments of law.
35 (2) For any accident which occurs on a divided, controlled-access highway
36 or interstate highway of the state highway system, a stop as required by sub-
37 section (1) of this section shall be made by moving the vehicle into a safe
38 refuge on the shoulder, emergency lane or median whenever such moving of a
39 vehicle may be done safely and the vehicle is capable of being normally and
40 safely driven, does not require towing, and may be operated under its own
41 power in its customary manner without further damage or hazard to itself, to
42 the traffic elements or to the roadway.
43 (a) For any other highway, aA stop as required by subsection (1) of this
44 section shall be made without obstructing traffic more than is necessary.
45 (b) The driver or any other person who has removed a motor vehicle from
46 the main-traveled part of the road as provided in this subsection before
47 the arrival of a law enforcement officer shall not be considered liable or
48 at fault regarding the cause of the accident solely by reason of moving
49 the vehicle pursuant to this subsection.
50 (3) Any person failing to stop or to comply with the requirements under
51 these circumstances shall be guilty of a misdemeanor.
52 (34) The department shall revoke for a period of one (1) year the dri-
53 ver's license, privileges or permit to drive, or the nonresident operating
3
1 privilege, of any person convicted of a violation of the provisions of subsec-
2 tion (1) of this section.
3 (5) Nothing herein shall be construed to interfere with the duty of any
4 city, county or state police officer to investigate and detect crime and
5 enforce the penal, traffic or highway laws of this state or any political sub-
6 division.
STATEMENT OF PURPOSE
RS15110
This bill would amend Section 49-662, Idaho Code, to allow peace
officers to require the removal of cargo and debris resulting
from minor accidents when the removal results in improved safety
and convenience for travelers on the highway, and frees them from
liability for damage caused by reasonable removal efforts. It
also allows transportation department employees to assist in the
removal of cargo and debris resulting from minor accidents when
directed by a peace officer and when the removal results in
improved safety and convenience for travelers on the highway, and
frees them from liability for damage caused by reasonable removal
efforts.
This bill also would amend Section 49-1301, Idaho Code, to
specify where stops must be made to comply with the requirements
of law for minor accidents that occur on divided, controlled
access highways or interstate highways of the state highway
system. It also frees motorists from liability for moving their
vehicles from the roadway when involved in such accidents.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact: Greg Laragan, Assistant Chief Engineer, Operations
Idaho Transportation Department
334-8535
Statement of Purpose/Fiscal Impact S 1189