2005 Legislation
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SENATE BILL NO. 1189 – MV accident/debris removed from hwy

SENATE BILL NO. 1189

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                      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