2006 Legislation
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HOUSE BILL NO. 543 – Utility type vehicles, defined

HOUSE BILL NO. 543

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H0543.........................................by RESOURCES AND CONSERVATION
UTILITY TYPE VEHICLES - Amends existing law to provide for governance of
utility type vehicles; to define "utility type vehicle (UTV)"; to provide
for registration requirements; to provide representation on the Off-Road
Motor Vehicle Advisory Committee; and to provide for titling requirements
for utility type vehicles and bond requirements for dealers of utility type
vehicles.
                                                                        
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 543
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO GOVERNANCE OF UTILITY TYPE  VEHICLES;  AMENDING  SECTION  67-7101,
  3        IDAHO  CODE,  TO  DEFINE "UTILITY TYPE VEHICLE"; AMENDING SECTION 67-7122,
  4        IDAHO CODE, TO GOVERN REGISTRATION REQUIREMENTS; AMENDING SECTION 67-7128,
  5        IDAHO CODE, TO PROVIDE REPRESENTATION ON THE OFF-ROAD MOTOR VEHICLE  ADVI-
  6        SORY  COMMITTEE  AND  TO  MAKE  A  TECHNICAL  CORRECTION; AMENDING SECTION
  7        49-105, IDAHO CODE, TO REVISE A DEFINITION; AMENDING SECTION 49-122, IDAHO
  8        CODE, TO DEFINE "UTILITY TYPE VEHICLE";  AMENDING  SECTION  49-501,  IDAHO
  9        CODE, TO GOVERN TITLING REQUIREMENTS FOR UTILITY TYPE VEHICLES AND TO MAKE
 10        A  TECHNICAL CORRECTION; AND AMENDING SECTION 49-1608, IDAHO CODE, TO PRO-
 11        VIDE APPLICATION TO DEALERS OF UTILITY TYPE VEHICLES AND TO MAKE TECHNICAL
 12        CORRECTIONS.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 67-7101, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        67-7101.  DEFINITIONS. In this chapter:
 17        (1)  "All-terrain  vehicle  (ATV)" means any recreation vehicle with three
 18    (3) or more tires, under eight hundred fifty (850) pounds and forty-eight (48)
 19    inches or less in width, having a wheelbase of sixty-one (61) inches or  less,
 20    traveling on low-pressure tires of ten (10) psi or less.
 21        (2)  "Board"  means  the park and recreation board created under authority
 22    of section 67-4221, Idaho Code.
 23        (3)  "Bona fide  snowmobile  program"  means  services  or  facilities  as
 24    approved  by  the department that will benefit snowmobilers such as snowmobile
 25    trail grooming, plowing and maintaining snowmobile parking areas  and  facili-
 26    ties, and trail signing.
 27        (4)  "Dealer"  means  any  person  who  engages  in the retail sales of or
 28    rental of snowmobiles, motorbikes, or all-terrain vehicles.
 29        (5)  "Department" means the Idaho department of parks and recreation.
 30        (6)  "Designated parking area" means an area located,  constructed,  main-
 31    tained, and signed with the approval of the land manager or owner.
 32        (7)  "Director"  means  the director of the department of parks and recre-
 33    ation.
 34        (8)  "Highway." (See section 40-109,  Idaho  Code,  but  excepting  public
 35    roadway as defined in this section).
 36        (9)  "Motorbike"  means  any  self-propelled two (2) wheeled motorcycle or
 37    motor-driven cycle, excluding tractor, designed for or  capable  of  traveling
 38    off developed roadways and highways and also referred to as trailbikes, enduro
 39    bikes, trials bikes, motocross bikes or dual purpose motorcycles.
 40        (10) "Operator"  means  any  person  who  is  in  physical  control  of  a
 41    motorbike, all-terrain vehicle, or snowmobile.
 42        (11) "Owner"  means every person holding record title to a motorbike, all-
 43    terrain vehicle, or snowmobile and entitled to the use or possession  thereof,
                                                                        
                                           2
                                                                        
  1    other than a lienholder or other person having a security interest only.
  2        (12) "Person"  means an individual, partnership, association, corporation,
  3    or any other body or group  of  persons,  whether  incorporated  or  not,  and
  4    regardless of the degree of formal organization.
  5        (13) "Public  roadway"  means  all  portions of any highway which are con-
  6    trolled  by an authority other than the Idaho transportation department.
  7        (14) "Snowmobile" means any  self-propelled  vehicle  under  one  thousand
  8    (1,000)  pounds  unladened gross weight, designed primarily for travel on snow
  9    or ice or over natural terrain, which may be steered by tracks, skis, or  run-
 10    ners,  and which is not otherwise registered or licensed under the laws of the
 11    state of Idaho.
 12        (15) "Utility type vehicle (UTV)" means  any  recreational  motor  vehicle
 13    other  than  an  ATV,  motorbike  or  snowmobile  as  defined in this section,
 14    designed for and capable of travel over designated unpaved roads, traveling on
 15    four (4) or more low-pressure tires of ten (10) psi  or  less,  maximum  width
 16    less  than sixty (60) inches, maximum weight less than one thousand eight hun-
 17    dred fifty (1,850) pounds, or having a wheelbase  of  ninety  (90)  inches  or
 18    less.  Utility  type  vehicle  does not include golf carts, vehicles specially
 19    designed to carry a disabled person, or implements of husbandry as defined  in
 20    section 49-110(2), Idaho Code.
 21        (16) "Vendor" means any entity authorized by the department to sell recre-
 22    ational registrations.
 23        (167) "Winter  recreational  parking  locations"  means designated parking
 24    areas established and maintained with funds acquired  from  the  cross-country
 25    skiing account.
                                                                        
 26        SECTION  2.  That  Section 67-7122, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        67-7122.  REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) On or before Jan-
 29    uary 1 of each year, the owner of any all-terrain  vehicle,  or  motorbike  or
 30    utility  type vehicle as defined in section 67-7101, Idaho Code, used off pub-
 31    lic highways or on highways designated as  prescribed  in  section  49-426(3),
 32    Idaho  Code, but excluding those vehicles used exclusively on private land for
 33    agricultural use or used exclusively for snow removal purposes, shall register
 34    that vehicle at any vendor authorized by the department. A fee of ten  dollars
 35    ($10.00) shall be charged for each registration, which fee includes a one dol-
 36    lar  and  fifty  cent ($1.50) vendor fee. At the time of sale from any dealer,
 37    each motorbike, or all-terrain vehicle or utility  type  vehicle  sold  to  an
 38    Idaho resident, but excluding those vehicles to be used exclusively on private
 39    land  for agricultural use or used exclusively for snow removal purposes, must
 40    be registered before it leaves the premises. Application blanks  and  stickers
 41    shall  be  supplied  by  the  department and the registration sticker shall be
 42    issued to the person making application for registration. The  vendor  issuing
 43    the  registration  sticker  shall, upon receipt of the application in approved
 44    form, issue to the applicant a motorbike/, ATV or UTV sticker and  shall  note
 45    the  number of the sticker in his records and shall supply a duplicate copy of
 46    the application form, noting the number of the sticker issued, to the  depart-
 47    ment.  All  stickers which are issued shall be in force through December 31 of
 48    the issued year. All registration stickers shall be renewed by  the  owner  of
 49    the all-terrain vehicle, or motorbike or utility type vehicle in the same man-
 50    ner provided for in the initial securing of the same. The issued sticker shall
 51    be  placed  upon the all-terrain vehicle, or motorbike or utility type vehicle
 52    in such a manner that it is completely visible and shall be kept in a  legible
 53    condition at all times.
                                                                        
                                           3
                                                                        
  1        (2)  For  operation  of  an all-terrain vehicle or motorbike on the public
  2    highways, the vehicle shall also be registered pursuant to the  provisions  of
  3    section  49-402,  Idaho  Code,  except  for  those highways defined in section
  4    49-426, Idaho Code.
                                                                        
  5        SECTION 3.  That Section 67-7128, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        67-7128.  OFF-ROAD  MOTOR VEHICLE ADVISORY COMMITTEE -- CREATION -- SELEC-
  8    TION -- TERM OF OFFICE -- DUTY.  (1)  The  park  and  recreation  board  shall
  9    appoint  an  off-road motor vehicle advisory committee (ORMV) of nine (9) mem-
 10    bers.  The membership of the advisory committee shall  consist  of  three  (3)
 11    members  each from northern Idaho, southwestern Idaho, and southeastern Idaho.
 12    Two  (2)  members  from  each  area  shall  represent  the  following  groups:
 13    motorbikes, or ATV or UTV riders and snowmobilers. One (1)  member  interested
 14    in  ORMV projects shall be appointed from each area without regard to the rec-
 15    reational activity in which  that  member  participates  and  shall  represent
 16    interests  other  than  motorbike, or ATV or UTV riders and snowmobilers. Each
 17    member of the advisory committee shall be chosen by the  park  and  recreation
 18    board  to  serve a term of four (4) years, except that the term of the initial
 19    appointees shall commence on the date of appointment and shall be of staggered
 20    lengths.  Each member of the advisory committee shall be a  qualified  elector
 21    of the state.  Duties shall include:
 22        (a)  Representing  the  best  interests  of  the ORMV users and activities
 23        which they represent in the district from which they are appointed;
 24        (b)  Advising the department as to whether proposed ORMV projects meet the
 25        needs of ORMV users in that area;
 26        (c)  Advising the department as to how funds can be used  to  rehabilitate
 27        areas  on public or private lands and how the department can assist in the
 28        enforcement of laws and regulations governing the use of off-road vehicles
 29        in the state of Idaho;
 30        (d)  The three (3) motorbike, or all-terrain vehicle or utility type vehi-
 31        cle representatives from the ORMV  advisory  committee  shall  advise  the
 32        department  on matters relating to the use of moneys in the motorbike rec-
 33        reation account as provided for in section 67-7127, Idaho Code.
 34        (2)  The department may reimburse members of the ORMV  advisory  committee
 35    for  reasonable expenses incurred in the conduct of their official duties pre-
 36    scribed in section 59-509(b), Idaho Code, and authorized by the department.
                                                                        
 37        SECTION 4.  That Section 49-105, Idaho Code, be, and the  same  is  hereby
 38    amended to read as follows:
                                                                        
 39        49-105.  DEFINITIONS -- D. (1) "Dealer" means every person in the business
 40    of buying, selling or exchanging five (5) or more new or used vehicles, new or
 41    used neighborhood electric vehicles, new or used motorcycles, snow machines or
 42    motor  scooters,  travel trailers, all-terrain vehicles, utility type vehicles
 43    or motor homes in any calendar year, either outright or on  conditional  sale,
 44    bailment,  lease,  chattel  mortgage,  or otherwise, or who has an established
 45    place of business for the sale, lease, trade, or display of these vehicles. No
 46    insurance company, bank, finance company, public utilities company,  or  other
 47    person  coming  into  possession of any vehicle, as an incident to its regular
 48    business, who shall sell that vehicle under any contractual  rights    it  may
 49    have,  shall  be considered a dealer. See also "salvage pool," section 49-120,
 50    Idaho Code.
 51        (2)  "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho
                                                                        
                                           4
                                                                        
  1    Code)
  2        (3)  "Department"  means  the  Idaho  transportation   department   acting
  3    directly  or  through its duly authorized officers and agents, except in chap-
  4    ters 6 and 9, title 49, Idaho Code, where  the  term  means  the  Idaho  state
  5    police, except as otherwise specifically provided.
  6        (4)  "Designated  family member" means the spouse, child, grandchild, par-
  7    ent, brother or sister of the owner of a vehicle dealership who, in the  event
  8    of  the  owner's  death,  is entitled to inherit the ownership interest in the
  9    dealership under the same terms of the owner's will, or who has been nominated
 10    in any other written instrument, or who, in the case of an incapacitated owner
 11    of a dealership, has been appointed by a court as the legal representative  of
 12    the dealer's property.
 13        (5)  "Director" means the director of the Idaho transportation department,
 14    except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
 15    director of the Idaho state police.
 16        (6)  "Disclose"  means to engage in any practice or conduct to make avail-
 17    able and make known personal information contained in records of  the  depart-
 18    ment  about a person to any other person, organization or entity, by any means
 19    of communication.
 20        (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
 21    the department of commercial vehicle driving privileges.
 22        (8)  "Distributor" means any person,  firm,  association,  corporation  or
 23    trust,  resident  or  nonresident,  who has a franchise from a manufacturer of
 24    vehicles to distribute vehicles in this state, and who in  whole  or  in  part
 25    sells or distributes new vehicles to dealers or who maintains distributor rep-
 26    resentatives.
 27        (9)  "Distributor  branch" means a branch office similarly maintained by a
 28    distributor for the same purposes a factory branch is maintained.
 29        (10) "Distributor representative" means  any  person,  firm,  association,
 30    corporation  or trust, and each officer and employee thereof engaged as a rep-
 31    resentative of a distributor or distributor branch of vehicles for the purpose
 32    of making or promoting the sale of vehicles, or for supervising or  contacting
 33    dealers or prospective dealers.
 34        (11) "District" means:
 35        (a)  Business district.  The territory contiguous to and including a high-
 36        way  when  within  any  six hundred (600) feet along the highway there are
 37        buildings in use for business or industrial  purposes,  including  hotels,
 38        banks  or  office  buildings, railroad stations and public buildings which
 39        occupy at least three hundred (300) feet of frontage on one side or  three
 40        hundred (300) feet collectively on both sides of the highway.
 41        (b)  Residential  district.   The  territory contiguous to and including a
 42        highway not comprising a business district when the property on the  high-
 43        way  for  a  distance  of  three hundred (300) feet or more is in the main
 44        improved with residences, or residences and buildings in use for business.
 45        (c)  Urban district. The territory contiguous to and including any highway
 46        which is built up with structures devoted to business, industry or  dwell-
 47        ing  houses.  For purposes of establishing speed limits in accordance with
 48        the provisions of section 49-654, Idaho Code, no state highway or any por-
 49        tion thereof lying within the boundaries of an urban district  is  subject
 50        to  the  limitations  which otherwise apply to nonstate highways within an
 51        urban district. Provided, this subsection shall not limit the authority of
 52        the duly elected officials of an  incorporated  city  acting  as  a  local
 53        authority  to  decrease speed limits on state highways passing through any
 54        district within the incorporated city.
 55        (12) "Documented vessel" means a vessel having a valid marine document  as
                                                                        
                                           5
                                                                        
  1    a vessel of the United States.
  2        (13) "Drag  race"  means  the operation of two (2) or more vehicles from a
  3    point side by side at accelerating speeds in a competitive attempt to  outdis-
  4    tance  each  other, or the operation of one (1) or more vehicles over a common
  5    selected course, from the same point to the same point,  for  the  purpose  of
  6    comparing  the relative speeds or power of acceleration of the vehicles within
  7    a certain distance or time limit.
  8        (14) "Driver" means every person who drives or is in actual physical  con-
  9    trol of a vehicle.
 10        (15) "Driver's license" means a license or permit issued by the department
 11    or  by any other jurisdiction to an individual which authorizes the individual
 12    to operate a motor vehicle or commercial motor  vehicle  on  the  highways  in
 13    accordance with the requirements of title 49, Idaho Code.
 14        (16) "Driver's  license  --  Classes of" are issued for the operation of a
 15    vehicle based on the size of the vehicle or the type of load and mean:
 16        (a)  Class A. This license shall be issued and valid for the operation  of
 17        any  combination of motor vehicles with a manufacturer's gross combination
 18        weight rating (GCWR) in excess of  twenty-six  thousand  (26,000)  pounds,
 19        provided  the  manufacturer's  gross  vehicle  weight rating (GVWR) of the
 20        vehicle(s) being towed is in excess of ten thousand (10,000) pounds.  Per-
 21        sons holding a valid class A license may also operate vehicles requiring a
 22        class B, C or D license.
 23        (b)  Class  B. This license shall be issued and valid for the operation of
 24        any single vehicle with  a  manufacturer's  gross  vehicle  weight  rating
 25        (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
 26        cle  towing  a  vehicle  not  in  excess  of  ten thousand (10,000) pounds
 27        manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
 28        class B license may also operate vehicles requiring a class C license or a
 29        class D license.
 30        (c)  Class C. This license shall be issued and valid for the operation  of
 31        any single vehicle or combination of vehicles that does not meet the defi-
 32        nition  of class A or class B, as defined in this section, but that either
 33        is designed to transport sixteen (16) or more people including the driver,
 34        or is of any size which does not meet the definition of class A or class B
 35        and is used in the transportation  of  materials  found  to  be  hazardous
 36        according  to the hazardous material transportation act and which requires
 37        the motor vehicle to be placarded under the  federal  hazardous  materials
 38        regulations  49  CFR  part 172, subpart F. Persons holding a valid class C
 39        license may also operate vehicles requiring a class D license.
 40        (d)  Class D. This license shall be issued and valid for the operation  of
 41        a  motor  vehicle  that  is not a commercial vehicle as defined in section
 42        49-123, Idaho Code.
 43        (e)  "Seasonal driver's license" means a special restricted class B  or  C
 44        driver's  license  to  operate certain commercial vehicles in farm-related
 45        industries under restrictions imposed by the department. As used  in  this
 46        definition,  "farm-related  industry"  shall  mean custom harvesters, farm
 47        retail outlets  and  suppliers,  agri-chemical  businesses  and  livestock
 48        feeders.  Seasonal  driver's  licenses  are not valid for driving vehicles
 49        carrying any quantities of hazardous material requiring placarding, except
 50        for diesel fuel  in quantities of one thousand (1,000)  gallons  or  less,
 51        liquid  fertilizers,  i.e.,  plant nutrients, in vehicles or implements of
 52        husbandry with total capacities of three thousand (3,000) gallons or less,
 53        and solid fertilizers, i.e., solid plant nutrients,  that  are  not  mixed
 54        with any organic substance.
 55        (17) "Driver  record"  means  any  record that pertains to an individual's
                                                                        
                                           6
                                                                        
  1    driver's license, driving permit, driving privileges, driving history, identi-
  2    fication documents or other similar credentials issued by the department.
  3        (18) "Driver's license endorsements" means special authorizations that are
  4    required to be displayed on a driver's license  which  permit  the  driver  to
  5    operate  certain  types  of commercial vehicles or commercial vehicles hauling
  6    certain types of cargo, or to operate a motorcycle or a school bus.
  7        (a)  "Endorsement T -- Double/Triple trailer" means  this  endorsement  is
  8        required  on a class A, B or C license to permit the licensee to operate a
  9        vehicle authorized to tow more than one (1) trailer.
 10        (b)  "Endorsement H --  Hazardous  material"  means  this  endorsement  is
 11        required on a class A, B or C license if the driver is operating a vehicle
 12        used in the transportation of materials found to be hazardous according to
 13        the  hazardous  material  transportation  act and which requires the motor
 14        vehicle to be placarded under the federal hazardous materials  regulations
 15        49 CFR part 172, subpart F.
 16        (c)  "Endorsement  P -- Passenger" means this endorsement is required on a
 17        class A, B or C license to  permit  the  licensee  to  operate  a  vehicle
 18        designed to transport sixteen (16) or more people including the driver.
 19        (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
 20        a  class  A,  B  or  C license to permit the licensee to operate a vehicle
 21        which is designed to transport any liquid or gaseous  materials  within  a
 22        tank  that  is  either permanently or temporarily attached to the vehicle.
 23        Such vehicles include, but are not limited to, cargo  tanks  and  portable
 24        tanks,  as defined in federal regulations 49 CFR part 171. This definition
 25        does not include portable tanks having a rated capacity under one thousand
 26        (1,000) gallons.
 27        (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
 28        driver's license to permit the driver to operate a motorcycle.
 29        (f)  "Endorsement S -- School bus" means this endorsement is required on a
 30        class A, B or C license to permit the licensee to operate a school bus  in
 31        accordance  with 49 CFR part 383, to transport preprimary, primary or sec-
 32        ondary school students from home to school, from school to home, or to and
 33        from school-sponsored events. School bus does not include a bus used as  a
 34        common carrier.
 35        (19) "Driveway"  means a private road giving access from a public way to a
 36    building on abutting grounds.
 37        (20) "Dromedary tractor" means every motor vehicle designed and used  pri-
 38    marily  for  drawing  a  semitrailer and so constructed as to carry manifested
 39    cargo in addition to a part of the weight of the semitrailer.
                                                                        
 40        SECTION 5.  That Section 49-122, Idaho Code, be, and the  same  is  hereby
 41    amended to read as follows:
                                                                        
 42        49-122.  DEFINITIONS  --  U.  (1) "Unauthorized vehicle" means any vehicle
 43    parked or otherwise left on private property without the consent of the person
 44    owning or controlling that property.
 45        (2)  "United States" means the fifty  (50)  states  and  the  District  of
 46    Columbia.
 47        (3)  "Unladen weight." (See "Light weight," section 49-113, Idaho Code)
 48        (4)  "Unregistered  vehicle"  means a vehicle without current registration
 49    on file with the department or with the appropriate agency of  another  state,
 50    unless exempt from registration.
 51        (5)  "Unusual noise." (See "Excessive," section 49-106, Idaho Code)
 52        (6)  "Urban district." (See "District," section 49-105, Idaho Code)
 53        (7)  "Utility  trailer"  means a trailer or semitrailer designed primarily
                                                                        
                                           7
                                                                        
  1    to be drawn behind a passenger car or pickup truck for  domestic  and  utility
  2    purposes.  Utility  or  domestic  use shall include a farm trailer while being
  3    used to haul agricultural products or livestock from farm to  storage,  market
  4    or processing plant, or returning therefrom.
  5        (8)  "Utility  type  vehicle  (UTV)"  means any recreational motor vehicle
  6    other than an ATV, motorbike or snowmobile  as  defined  in  section  67-7101,
  7    Idaho  Code, designed for and capable of travel over designated unpaved roads,
  8    traveling on four (4) or more low-pressure tires of ten (10) psi or less, max-
  9    imum width less than sixty (60) inches, maximum weight less than one  thousand
 10    eight  hundred  fifty  (1,850)  pounds,  or  having a wheelbase of ninety (90)
 11    inches or less. Utility type vehicle does not  include  golf  carts,  vehicles
 12    specially  designed  to carry a disabled person, or implements of husbandry as
 13    defined in section 49-110(2), Idaho Code.
                                                                        
 14        SECTION 6.  That Section 49-501, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        49-501.  TITLING  REQUIREMENTS  --  EXEMPTIONS. (1) The provisions of this
 17    chapter shall apply to every  vehicle  required  to  be  registered  with  the
 18    department in chapter 4, title 49, Idaho Code.
 19        (2)  In  addition, the titling requirements of this chapter shall apply to
 20    the following vehicles which are not required to be registered under the  pro-
 21    visions of chapter 4, title 49, Idaho Code:
 22        (a)  All-terrain  vehicles,  motorbikes,  and snowmobiles and utility type
 23        vehicles as defined in section 67-7101, Idaho Code; and
 24        (b)  Manufactured homes as defined in section 39-4105, Idaho Code.
 25        (3)  Certain vehicles which are required to be registered under the provi-
 26    sions of chapter 4, title 49, Idaho Code, shall be  exempt  from  the  titling
 27    requirements of this chapter as follows:
 28        (a)  Utility  trailers  whose  unladen  weight  is  less than two thousand
 29        (2,000) pounds; and
 30        (b)  The board may, by rule, exempt vehicles and motor vehicles registered
 31        under the provisions of sections 49-434 and 49-435, Idaho Code,  from  the
 32        titling requirements of this chapter.
 33        (4)  Vehicles  exempt  from  registration  under the provisions of section
 34    49-426, Idaho Code, are exempt from the titling requirements of this  chapter,
 35    unless  otherwise specifically required by the provisions of subsection (2) of
 36    this section.
                                                                        
 37        SECTION 7.  That Section 49-1608, Idaho Code, be, and the same  is  hereby
 38    amended to read as follows:
                                                                        
 39        49-1608.  LICENSE BOND. (1) Before any dealer's license shall be issued by
 40    the department to any applicant, the applicant shall procure and file with the
 41    department  good and sufficient bond in the amount shown, conditioned that the
 42    applicant shall not practice any fraud, make any fraudulent representation  or
 43    violate  any  of  the provisions of this chapter, rules and regulations of the
 44    department, or the provisions of chapter 5,  title  49,  section  49-1418,  or
 45    chapter 6, title 48, Idaho Code, or federal motor vehicle safety standards, or
 46    odometer fraud in the conduct of the business for which he is licensed.
 47        (a)  All  dealers, including wholesale, but excluding a dealer exclusively
 48        in the business of motorcycles and motor scooters,  all-terrain  vehicles,
 49        utility  type  vehicles  and  snow  machine sales, twenty thousand dollars
 50        ($20,000).
 51        (b)  A dealer exclusively in the business of motorcycle and motor  scooter
                                                                        
                                           8
                                                                        
  1        sales, all-terrain vehicles, utility type vehicles and snow machine sales,
  2        ten thousand dollars ($10,000).
  3        (2)  The  bond  required in this section may be continuous in form and the
  4    total aggregate liability on the bond shall be limited to the payment  of  the
  5    amounts set forth in this section. The bond shall be in the following form:
  6        (a)  A  corporate surety bond, by a surety licensed to do business in this
  7        state; or
  8        (b)  A certificate of deposit, in a form prescribed by the director; or
  9        (c)  A cash deposit with the director.
 10        (3)  If a bond is cancelled canceled or otherwise  becomes  invalid,  upon
 11    receiving notice of the cancellation or invalidity, the department shall imme-
 12    diately  suspend  the  dealer's  license  and  take  possession of the license
 13    itself, all vehicle plates used in the business and all unused title  applica-
 14    tions  of  the  licensee. The licensee is entitled to a hearing which shall be
 15    held within twenty (20) days of the suspension. Upon receiving notice  that  a
 16    valid  bond  is  in  force,  the  department  shall  immediately reinstate the
 17    license.
 18        (4)  The bond requirements of this  section  shall  be  satisfied  if  the
 19    applicant is a duly licensed manufactured home dealer in accordance with chap-
 20    ter  21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho
 21    Code, otherwise meets the requirements of this section. The amount of the bond
 22    shall be in the amount as required in this section or that required in section
 23    44-2103, Idaho Code, whichever is greater. The applicant shall furnish a  cer-
 24    tified  copy  of  the  bond as required in section 44-2103, Idaho Code, to the
 25    department.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                           RS 15395C1

     Idaho Code currently defines all terrain vehicles (ATV'S). 
Recreational vehicle manufacturers have started providing larger
versions of ATV's, called utility type vehicles (UTV's), and they
cannot be registered as an off-highway-vehicle (OHV) in Idaho. 
Similarly, the Idaho Transportation Department will not license
them for use on public roadways, as they do not meet all legal
requirements for highway operation.  This has created an
untenable situation for an ever-increasing number of users,
vendors and dealers.  By creating a new class of OHV, IDPR can
provide a registration and a legal recreation opportunity on
certain unpaved roads on state and federal roads for this type of
vehicle.  In conjunction with this change, it will be necessary
to address several additional issues related to titling of the
UTV's so as to provide protection for the owner, and proper
guidance for dealers and retailers who sell the vehicles.


                          FISCAL NOTE

     This amendment will have no impact on the General Fund.  The
estimated costs of $45,600 associated with developing this new
registration program will be borne by the dedicated OHV
Recreation Program.


CONTACT
Name:     Dean Sangrey
Agency:   Parks and Recreation, Dept. of
Phone:    334-4187

Rep. Mike Moyle
(208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                              H 543