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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, a Astop 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