2006 Legislation
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HOUSE BILL NO. 603 – Utility type vehicles, defined

HOUSE BILL NO. 603

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Bill Status



H0603.........................................by TRANSPORTATION AND DEFENSE
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; to provide for titling requirements for
utility type vehicles; and to provide bond requirements for dealers of
utility type vehicles.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Transp
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
      Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood,
      Henbest, Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Lake, Mr. Speaker
    Floor Sponsor - Eskridge
    Title apvd - to Senate
02/22    Senate intro - 1st rdg - to Transp
03/03    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Keough
    Title apvd - to House
03/09    To enrol
03/10    Rpt enrol - Sp signed
03/13    Pres signed
03/14    To Governor
03/14    Governor signed
         Session Law Chapter 42
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 603
                                                                        
                          BY TRANSPORTATION AND DEFENSE 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 twenty (20) psi or less, maximum  width
 16    less  than  seventy-four  (74)  inches,  maximum weight less than two thousand
 17    (2,000) pounds, or having a wheelbase of  ninety-four  (94)  inches  or  less.
 18    Utility  type vehicle does not include golf carts, vehicles specially designed
 19    to carry a disabled person, implements of  husbandry  as  defined  in  section
 20    49-110(2),  Idaho Code, or vehicles otherwise registered under title 49, Idaho
 21    Code.
 22        (16) "Vendor" means any entity authorized by the department to sell recre-
 23    ational registrations.
 24        (167) "Winter recreational parking  locations"  means  designated  parking
 25    areas  established  and  maintained with funds acquired from the cross-country
 26    skiing account.
                                                                        
 27        SECTION 2.  That Section 67-7122, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        67-7122.  REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) On or before Jan-
 30    uary  1  of  each  year, the owner of any all-terrain vehicle, or motorbike or
 31    utility type vehicle as defined in section 67-7101, Idaho Code, used off  pub-
 32    lic  highways  or  on  highways designated as prescribed in section 49-426(3),
 33    Idaho Code, but excluding those vehicles used exclusively on private land  for
 34    agricultural use or used exclusively for snow removal purposes, shall register
 35    that  vehicle at any vendor authorized by the department. A fee of ten dollars
 36    ($10.00) shall be charged for each registration, which fee includes a one dol-
 37    lar and fifty cent ($1.50) vendor fee. At the time of sale  from  any  dealer,
 38    each  motorbike,  or  all-terrain  vehicle  or utility type vehicle sold to an
 39    Idaho resident, but excluding those vehicles to be used exclusively on private
 40    land for agricultural use or used exclusively for snow removal purposes,  must
 41    be  registered  before it leaves the premises. Application blanks and stickers
 42    shall be supplied by the department and  the  registration  sticker  shall  be
 43    issued  to  the person making application for registration. The vendor issuing
 44    the registration sticker shall, upon receipt of the  application  in  approved
 45    form,  issue  to the applicant a motorbike/, ATV or UTV sticker and shall note
 46    the number of the sticker in his records and shall supply a duplicate copy  of
 47    the  application form, noting the number of the sticker issued, to the depart-
 48    ment. All stickers which are issued shall be in force through December  31  of
 49    the  issued  year.  All registration stickers shall be renewed by the owner of
 50    the all-terrain vehicle, or motorbike or utility type vehicle in the same man-
 51    ner provided for in the initial securing of the same. The issued sticker shall
 52    be placed upon the all-terrain vehicle, or motorbike or utility  type  vehicle
 53    in  such a manner that it is completely visible and shall be kept in a legible
                                                                        
                                           3
                                                                        
  1    condition at all times.
  2        (2)  For operation of an all-terrain vehicle or motorbike  on  the  public
  3    highways,  the  vehicle shall also be registered pursuant to the provisions of
  4    section 49-402, Idaho Code, except  for  those  highways  defined  in  section
  5    49-426, Idaho Code.
                                                                        
  6        SECTION  3.  That  Section 67-7128, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        67-7128.  OFF-ROAD MOTOR VEHICLE ADVISORY COMMITTEE -- CREATION --  SELEC-
  9    TION  --  TERM  OF  OFFICE  --  DUTY.  (1) The park and recreation board shall
 10    appoint an off-road motor vehicle advisory committee (ORMV) of nine  (9)  mem-
 11    bers.   The  membership  of  the advisory committee shall consist of three (3)
 12    members each from northern Idaho, southwestern Idaho, and southeastern  Idaho.
 13    Two  (2)  members  from  each  area  shall  represent  the  following  groups:
 14    motorbikes,  or  ATV or UTV riders and snowmobilers. One (1) member interested
 15    in ORMV projects shall be appointed from each area without regard to the  rec-
 16    reational  activity  in  which  that  member  participates and shall represent
 17    interests other than motorbike, or ATV or UTV riders  and  snowmobilers.  Each
 18    member  of  the  advisory committee shall be chosen by the park and recreation
 19    board to serve a term of four (4) years, except that the term of  the  initial
 20    appointees shall commence on the date of appointment and shall be of staggered
 21    lengths.   Each  member of the advisory committee shall be a qualified elector
 22    of the state.  Duties shall include:
 23        (a)  Representing the best interests of  the  ORMV  users  and  activities
 24        which they represent in the district from which they are appointed;
 25        (b)  Advising the department as to whether proposed ORMV projects meet the
 26        needs of ORMV users in that area;
 27        (c)  Advising  the  department as to how funds can be used to rehabilitate
 28        areas on public or private lands and how the department can assist in  the
 29        enforcement of laws and regulations governing the use of off-road vehicles
 30        in the state of Idaho;
 31        (d)  The three (3) motorbike, or all-terrain vehicle or utility type vehi-
 32        cle  representatives  from  the  ORMV  advisory committee shall advise the
 33        department on matters relating to the use of moneys in the motorbike  rec-
 34        reation account as provided for in section 67-7127, Idaho Code.
 35        (2)  The  department  may reimburse members of the ORMV advisory committee
 36    for reasonable expenses incurred in the conduct of their official duties  pre-
 37    scribed in section 59-509(b), Idaho Code, and authorized by the department.
                                                                        
 38        SECTION  4.  That  Section  49-105, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        49-105.  DEFINITIONS -- D. (1) "Dealer" means every person in the business
 41    of buying, selling or exchanging five (5) or more new or used vehicles, new or
 42    used neighborhood electric vehicles, new or used motorcycles, snow machines or
 43    motor scooters, travel trailers, all-terrain vehicles, utility  type  vehicles
 44    or  motor  homes in any calendar year, either outright or on conditional sale,
 45    bailment, lease, chattel mortgage, or otherwise, or  who  has  an  established
 46    place of business for the sale, lease, trade, or display of these vehicles. No
 47    insurance  company,  bank, finance company, public utilities company, or other
 48    person coming into possession of any vehicle, as an incident  to  its  regular
 49    business,  who  shall  sell  that vehicle under any contractual rights  it may
 50    have, shall be considered a dealer. See also "salvage pool,"  section  49-120,
 51    Idaho Code.
                                                                        
                                           4
                                                                        
  1        (2)  "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho
  2    Code)
  3        (3)  "Department"   means   the  Idaho  transportation  department  acting
  4    directly or through its duly authorized officers and agents, except  in  chap-
  5    ters  6  and  9,  title  49,  Idaho Code, where the term means the Idaho state
  6    police, except as otherwise specifically provided.
  7        (4)  "Designated family member" means the spouse, child, grandchild,  par-
  8    ent,  brother or sister of the owner of a vehicle dealership who, in the event
  9    of the owner's death, is entitled to inherit the  ownership  interest  in  the
 10    dealership under the same terms of the owner's will, or who has been nominated
 11    in any other written instrument, or who, in the case of an incapacitated owner
 12    of  a dealership, has been appointed by a court as the legal representative of
 13    the dealer's property.
 14        (5)  "Director" means the director of the Idaho transportation department,
 15    except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
 16    director of the Idaho state police.
 17        (6)  "Disclose" means to engage in any practice or conduct to make  avail-
 18    able  and  make known personal information contained in records of the depart-
 19    ment about a person to any other person, organization or entity, by any  means
 20    of communication.
 21        (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
 22    the department of commercial vehicle driving privileges.
 23        (8)  "Distributor"  means  any  person,  firm, association, corporation or
 24    trust, resident or nonresident, who has a franchise  from  a  manufacturer  of
 25    vehicles  to  distribute  vehicles  in this state, and who in whole or in part
 26    sells or distributes new vehicles to dealers or who maintains distributor rep-
 27    resentatives.
 28        (9)  "Distributor branch" means a branch office similarly maintained by  a
 29    distributor for the same purposes a factory branch is maintained.
 30        (10) "Distributor  representative"  means  any  person, firm, association,
 31    corporation or trust, and each officer and employee thereof engaged as a  rep-
 32    resentative of a distributor or distributor branch of vehicles for the purpose
 33    of  making or promoting the sale of vehicles, or for supervising or contacting
 34    dealers or prospective dealers.
 35        (11) "District" means:
 36        (a)  Business district.  The territory contiguous to and including a high-
 37        way when within any six hundred (600) feet along  the  highway  there  are
 38        buildings  in  use  for business or industrial purposes, including hotels,
 39        banks or office buildings, railroad stations and  public  buildings  which
 40        occupy  at least three hundred (300) feet of frontage on one side or three
 41        hundred (300) feet collectively on both sides of the highway.
 42        (b)  Residential district.  The territory contiguous to  and  including  a
 43        highway  not comprising a business district when the property on the high-
 44        way for a distance of three hundred (300) feet or  more  is  in  the  main
 45        improved with residences, or residences and buildings in use for business.
 46        (c)  Urban district. The territory contiguous to and including any highway
 47        which  is built up with structures devoted to business, industry or dwell-
 48        ing houses. For purposes of establishing speed limits in  accordance  with
 49        the provisions of section 49-654, Idaho Code, no state highway or any por-
 50        tion  thereof  lying within the boundaries of an urban district is subject
 51        to the limitations which otherwise apply to nonstate  highways  within  an
 52        urban district. Provided, this subsection shall not limit the authority of
 53        the  duly  elected  officials  of  an  incorporated city acting as a local
 54        authority to decrease speed limits on state highways passing  through  any
 55        district within the incorporated city.
                                                                        
                                           5
                                                                        
  1        (12) "Documented  vessel" means a vessel having a valid marine document as
  2    a vessel of the United States.
  3        (13) "Drag race" means the operation of two (2) or more  vehicles  from  a
  4    point  side by side at accelerating speeds in a competitive attempt to outdis-
  5    tance each other, or the operation of one (1) or more vehicles over  a  common
  6    selected  course,  from  the  same point to the same point, for the purpose of
  7    comparing the relative speeds or power of acceleration of the vehicles  within
  8    a certain distance or time limit.
  9        (14) "Driver"  means every person who drives or is in actual physical con-
 10    trol of a vehicle.
 11        (15) "Driver's license" means a license or permit issued by the department
 12    or by any other jurisdiction to an individual which authorizes the  individual
 13    to  operate  a  motor  vehicle  or commercial motor vehicle on the highways in
 14    accordance with the requirements of title 49, Idaho Code.
 15        (16) "Driver's license -- Classes of" are issued for the  operation  of  a
 16    vehicle based on the size of the vehicle or the type of load and mean:
 17        (a)  Class  A. This license shall be issued and valid for the operation of
 18        any combination of motor vehicles with a manufacturer's gross  combination
 19        weight  rating  (GCWR)  in  excess of twenty-six thousand (26,000) pounds,
 20        provided the manufacturer's gross vehicle  weight  rating  (GVWR)  of  the
 21        vehicle(s)  being towed is in excess of ten thousand (10,000) pounds. Per-
 22        sons holding a valid class A license may also operate vehicles requiring a
 23        class B, C or D license.
 24        (b)  Class B. This license shall be issued and valid for the operation  of
 25        any  single  vehicle  with  a  manufacturer's  gross vehicle weight rating
 26        (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
 27        cle towing a vehicle  not  in  excess  of  ten  thousand  (10,000)  pounds
 28        manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
 29        class B license may also operate vehicles requiring a class C license or a
 30        class D license.
 31        (c)  Class  C. This license shall be issued and valid for the operation of
 32        any single vehicle or combination of vehicles that does not meet the defi-
 33        nition of class A or class B, as defined in this section, but that  either
 34        is designed to transport sixteen (16) or more people including the driver,
 35        or is of any size which does not meet the definition of class A or class B
 36        and  is  used  in  the  transportation  of materials found to be hazardous
 37        according to the hazardous material transportation act and which  requires
 38        the  motor  vehicle  to be placarded under the federal hazardous materials
 39        regulations 49 CFR part 172, subpart F. Persons holding a  valid  class  C
 40        license may also operate vehicles requiring a class D license.
 41        (d)  Class  D. This license shall be issued and valid for the operation of
 42        a motor vehicle that is not a commercial vehicle  as  defined  in  section
 43        49-123, Idaho Code.
 44        (e)  "Seasonal  driver's  license" means a special restricted class B or C
 45        driver's license to operate certain commercial  vehicles  in  farm-related
 46        industries  under  restrictions imposed by the department. As used in this
 47        definition, "farm-related industry" shall  mean  custom  harvesters,  farm
 48        retail  outlets  and  suppliers,  agri-chemical  businesses  and livestock
 49        feeders. Seasonal driver's licenses are not  valid  for  driving  vehicles
 50        carrying any quantities of hazardous material requiring placarding, except
 51        for  diesel  fuel   in quantities of one thousand (1,000) gallons or less,
 52        liquid fertilizers, i.e., plant nutrients, in vehicles  or  implements  of
 53        husbandry with total capacities of three thousand (3,000) gallons or less,
 54        and  solid  fertilizers,  i.e.,  solid plant nutrients, that are not mixed
 55        with any organic substance.
                                                                        
                                           6
                                                                        
  1        (17) "Driver record" means any record that  pertains  to  an  individual's
  2    driver's license, driving permit, driving privileges, driving history, identi-
  3    fication documents or other similar credentials issued by the department.
  4        (18) "Driver's license endorsements" means special authorizations that are
  5    required  to  be  displayed  on  a driver's license which permit the driver to
  6    operate certain types of commercial vehicles or  commercial  vehicles  hauling
  7    certain types of cargo, or to operate a motorcycle or a school bus.
  8        (a)  "Endorsement  T  --  Double/Triple trailer" means this endorsement is
  9        required on a class A, B or C license to permit the licensee to operate  a
 10        vehicle authorized to tow more than one (1) trailer.
 11        (b)  "Endorsement  H  --  Hazardous  material"  means  this endorsement is
 12        required on a class A, B or C license if the driver is operating a vehicle
 13        used in the transportation of materials found to be hazardous according to
 14        the hazardous material transportation act and  which  requires  the  motor
 15        vehicle  to be placarded under the federal hazardous materials regulations
 16        49 CFR part 172, subpart F.
 17        (c)  "Endorsement P -- Passenger" means this endorsement is required on  a
 18        class  A,  B  or  C  license  to  permit the licensee to operate a vehicle
 19        designed to transport sixteen (16) or more people including the driver.
 20        (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
 21        a class A, B or C license to permit the  licensee  to  operate  a  vehicle
 22        which  is  designed  to transport any liquid or gaseous materials within a
 23        tank that is either permanently or temporarily attached  to  the  vehicle.
 24        Such  vehicles  include,  but are not limited to, cargo tanks and portable
 25        tanks, as defined in federal regulations 49 CFR part 171. This  definition
 26        does not include portable tanks having a rated capacity under one thousand
 27        (1,000) gallons.
 28        (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
 29        driver's license to permit the driver to operate a motorcycle.
 30        (f)  "Endorsement S -- School bus" means this endorsement is required on a
 31        class  A, B or C license to permit the licensee to operate a school bus in
 32        accordance with 49 CFR part 383, to transport preprimary, primary or  sec-
 33        ondary school students from home to school, from school to home, or to and
 34        from  school-sponsored events. School bus does not include a bus used as a
 35        common carrier.
 36        (19) "Driveway" means a private road giving access from a public way to  a
 37    building on abutting grounds.
 38        (20) "Dromedary  tractor" means every motor vehicle designed and used pri-
 39    marily for drawing a semitrailer and so constructed  as  to  carry  manifested
 40    cargo in addition to a part of the weight of the semitrailer.
                                                                        
 41        SECTION  5.  That  Section  49-122, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        49-122.  DEFINITIONS -- U. (1) "Unauthorized vehicle"  means  any  vehicle
 44    parked or otherwise left on private property without the consent of the person
 45    owning or controlling that property.
 46        (2)  "United  States"  means  the  fifty  (50)  states and the District of
 47    Columbia.
 48        (3)  "Unladen weight." (See "Light weight," section 49-113, Idaho Code)
 49        (4)  "Unregistered vehicle" means a vehicle without  current  registration
 50    on  file  with the department or with the appropriate agency of another state,
 51    unless exempt from registration.
 52        (5)  "Unusual noise." (See "Excessive," section 49-106, Idaho Code)
 53        (6)  "Urban district." (See "District," section 49-105, Idaho Code)
                                                                        
                                           7
                                                                        
  1        (7)  "Utility trailer" means a trailer or semitrailer  designed  primarily
  2    to  be  drawn  behind a passenger car or pickup truck for domestic and utility
  3    purposes. Utility or domestic use shall include a  farm  trailer  while  being
  4    used  to  haul agricultural products or livestock from farm to storage, market
  5    or processing plant, or returning therefrom.
  6        (8)  "Utility type vehicle (UTV)" means  any  recreational  motor  vehicle
  7    other  than  an  ATV,  motorbike  or snowmobile as defined in section 67-7101,
  8    Idaho Code, designed for and capable of travel over designated unpaved  roads,
  9    traveling  on  four (4) or more low-pressure tires of twenty (20) psi or less,
 10    maximum width less than seventy-four (74) inches, maximum weight less than two
 11    thousand (2,000) pounds, or having a wheelbase of ninety-four (94)  inches  or
 12    less.  Utility  type  vehicle  does not include golf carts, vehicles specially
 13    designed to carry a disabled person, implements of  husbandry  as  defined  in
 14    section  49-110(2),  Idaho  Code, or vehicles otherwise registered under title
 15    49, Idaho Code.
                                                                        
 16        SECTION 6.  That Section 49-501, Idaho Code, be, and the  same  is  hereby
 17    amended to read as follows:
                                                                        
 18        49-501.  TITLING  REQUIREMENTS  --  EXEMPTIONS. (1) The provisions of this
 19    chapter shall apply to every  vehicle  required  to  be  registered  with  the
 20    department in chapter 4, title 49, Idaho Code.
 21        (2)  In  addition, the titling requirements of this chapter shall apply to
 22    the following vehicles which are not required to be registered under the  pro-
 23    visions of chapter 4, title 49, Idaho Code:
 24        (a)  All-terrain  vehicles,  motorbikes,  and snowmobiles and utility type
 25        vehicles as defined in section 67-7101, Idaho Code; and
 26        (b)  Manufactured homes as defined in section 39-4105, Idaho Code.
 27        (3)  Certain vehicles which are required to be registered under the provi-
 28    sions of chapter 4, title 49, Idaho Code, shall be  exempt  from  the  titling
 29    requirements of this chapter as follows:
 30        (a)  Utility  trailers  whose  unladen  weight  is  less than two thousand
 31        (2,000) pounds; and
 32        (b)  The board may, by rule, exempt vehicles and motor vehicles registered
 33        under the provisions of sections 49-434 and 49-435, Idaho Code,  from  the
 34        titling requirements of this chapter.
 35        (4)  Vehicles  exempt  from  registration  under the provisions of section
 36    49-426, Idaho Code, are exempt from the titling requirements of this  chapter,
 37    unless  otherwise specifically required by the provisions of subsection (2) of
 38    this section.
                                                                        
 39        SECTION 7.  That Section 49-1608, Idaho Code, be, and the same  is  hereby
 40    amended to read as follows:
                                                                        
 41        49-1608.  LICENSE BOND. (1) Before any dealer's license shall be issued by
 42    the department to any applicant, the applicant shall procure and file with the
 43    department  good and sufficient bond in the amount shown, conditioned that the
 44    applicant shall not practice any fraud, make any fraudulent representation  or
 45    violate  any  of  the provisions of this chapter, rules and regulations of the
 46    department, or the provisions of chapter 5,  title  49,  section  49-1418,  or
 47    chapter 6, title 48, Idaho Code, or federal motor vehicle safety standards, or
 48    odometer fraud in the conduct of the business for which he is licensed.
 49        (a)  All  dealers, including wholesale, but excluding a dealer exclusively
 50        in the business of motorcycles and motor scooters,  all-terrain  vehicles,
 51        utility  type  vehicles  and  snow  machine sales, twenty thousand dollars
                                                                        
                                           8
                                                                        
  1        ($20,000).
  2        (b)  A dealer exclusively in the business of motorcycle and motor  scooter
  3        sales, all-terrain vehicles, utility type vehicles and snow machine sales,
  4        ten thousand dollars ($10,000).
  5        (2)  The  bond  required in this section may be continuous in form and the
  6    total aggregate liability on the bond shall be limited to the payment  of  the
  7    amounts set forth in this section. The bond shall be in the following form:
  8        (a)  A  corporate surety bond, by a surety licensed to do business in this
  9        state; or
 10        (b)  A certificate of deposit, in a form prescribed by the director; or
 11        (c)  A cash deposit with the director.
 12        (3)  If a bond is cancelled canceled or otherwise  becomes  invalid,  upon
 13    receiving notice of the cancellation or invalidity, the department shall imme-
 14    diately  suspend  the  dealer's  license  and  take  possession of the license
 15    itself, all vehicle plates used in the business and all unused title  applica-
 16    tions  of  the  licensee. The licensee is entitled to a hearing which shall be
 17    held within twenty (20) days of the suspension. Upon receiving notice  that  a
 18    valid  bond  is  in  force,  the  department  shall  immediately reinstate the
 19    license.
 20        (4)  The bond requirements of this  section  shall  be  satisfied  if  the
 21    applicant is a duly licensed manufactured home dealer in accordance with chap-
 22    ter  21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho
 23    Code, otherwise meets the requirements of this section. The amount of the bond
 24    shall be in the amount as required in this section or that required in section
 25    44-2103, Idaho Code, whichever is greater. The applicant shall furnish a  cer-
 26    tified  copy  of  the  bond as required in section 44-2103, Idaho Code, to the
 27    department.

Statement of Purpose / Fiscal Impact



                      STATEMENT OF PURPOSE

                            RS 15947

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 don't 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 process 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: Representative George Eskridge 
      Representative Eric Anderson
      Representative Ken Roberts
      Representative Mary Lou Shepherd
      Senator Shawn Keough
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                         H 603