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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
]]]] 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
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