2006 Legislation
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SENATE BILL NO. 1347 – Driver’s licenses, commercial

SENATE BILL NO. 1347

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Bill Status



S1347.....................................................by TRANSPORTATION
DRIVER'S LICENSES - COMMERCIAL - Amends existing law relating to commercial
drivers to redefine "hazardous material"; to redefine "serious traffic
violation"; to provide that any bond forfeiture for a traffic offense shall
be treated as a conviction for persons holding a commercial driver's
license; to provide that no person shall operate a commercial motor vehicle
unless such person complies with specified conditions regarding a
commercial driver's license; to provide correct references to federal
regulations; to expand the duties and authority of the Idaho Transportation
Department in filing accident reports and abstracts of court records of
conviction; to require the Idaho Transportation Department to forward
records of Idaho convictions, suspensions, disqualifications and
revocations of nonresidents to nonresidents' state of residency; to provide
that a commercial motor vehicle driver shall be disqualified for not less
than one year for using any motor vehicle in the commission of a felony; to
provide a civil penalty for violation of an out-of-service order; and to
provide that courts shall not act to prevent a conviction from appearing on
the driving record of any person who holds a commercial driver's license.
                                                                        
02/03    Senate intro - 1st rdg - to printing
02/06    Rpt prt - to Transp
02/17    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 25-8-2
      AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burtenshaw,
      Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon,
      Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst, Malepeai, Marley,
      McGee, McKenzie, Pearce, Richardson
      NAYS -- Burkett, Little, Schroeder, Stegner, Stennett, Sweet, Werk,
      Williams
      Absent and excused -- Keough, Lodge
    Floor Sponsor - McGee
    Title apvd - to House
02/23    House intro - 1st rdg - to Transp
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 62-4-4
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Mitchell, Nielsen, Nonini, Pence, Raybould, Ring,
      Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Lake, Moyle, Rusche
      Absent and excused -- Crow, Garrett, Pasley-Stuart, Wood
    Floor Sponsor - Roberts
    Title apvd - to Senate
03/17    To enrol
03/20    Rpt enrol - Pres signed - Sp signed
03/21    To Governor
03/22    Governor signed
         Session Law Chapter 164
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1347
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COMMERCIAL DRIVER'S LICENSES; AMENDING SECTION 49-109, IDAHO CODE,
  3        TO REDEFINE "HAZARDOUS MATERIAL" AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
  4        ING SECTION 49-120, IDAHO CODE, TO REDEFINE "SERIOUS  TRAFFIC  VIOLATION";
  5        AMENDING  SECTION  49-240, IDAHO CODE, TO PROVIDE THAT ANY BOND FORFEITURE
  6        FOR A TRAFFIC OFFENSE SHALL BE TREATED AS A CONVICTION FOR PERSONS HOLDING
  7        A COMMERCIAL DRIVER'S LICENSE; AMENDING SECTION  49-301,  IDAHO  CODE,  TO
  8        PROVIDE  THAT  NO  PERSON  SHALL OPERATE A COMMERCIAL MOTOR VEHICLE UNLESS
  9        SUCH PERSON COMPLIES WITH SPECIFIED CONDITIONS REGARDING A COMMERCIAL DRI-
 10        VER'S LICENSE AND TO MAKE  TECHNICAL  CHANGES;  AMENDING  SECTION  49-315,
 11        IDAHO CODE, TO PROVIDE CORRECT REFERENCES TO FEDERAL REGULATIONS; AMENDING
 12        SECTION  49-321,  IDAHO  CODE,  TO  EXPAND THE DUTIES AND AUTHORITY OF THE
 13        IDAHO TRANSPORTATION DEPARTMENT IN FILING ACCIDENT REPORTS  AND  ABSTRACTS
 14        OF  COURT RECORDS OF CONVICTION AND TO MAKE A TECHNICAL CORRECTION; AMEND-
 15        ING SECTION 49-323,  IDAHO  CODE,  TO  REQUIRE  THE  IDAHO  TRANSPORTATION
 16        DEPARTMENT TO FORWARD RECORDS OF IDAHO CONVICTIONS, SUSPENSIONS, DISQUALI-
 17        FICATIONS  AND REVOCATIONS OF NONRESIDENTS TO NONRESIDENTS' STATE OF RESI-
 18        DENCY; AMENDING SECTION 49-335, IDAHO CODE, TO PROVIDE THAT  A  COMMERCIAL
 19        MOTOR  VEHICLE DRIVER SHALL BE DISQUALIFIED FOR NOT LESS THAN ONE YEAR FOR
 20        USING ANY MOTOR VEHICLE IN THE COMMISSION OF A FELONY  AND  TO  PROVIDE  A
 21        CIVIL  PENALTY  FOR VIOLATION OF AN OUT-OF-SERVICE ORDER; AMENDING SECTION
 22        49-337, IDAHO CODE,  TO  IMPOSE  AN  ADDITIONAL  CIVIL  PENALTY  UPON  ANY
 23        EMPLOYER  CONVICTED OF KNOWINGLY ALLOWING A VIOLATION OF AN OUT-OF-SERVICE
 24        ORDER; AND AMENDING SECTION 49-1416, IDAHO CODE, TO  PROVIDE  THAT  COURTS
 25        SHALL NOT ACT TO PREVENT A CONVICTION FROM APPEARING ON THE DRIVING RECORD
 26        OF ANY PERSON WHO HOLDS A COMMERCIAL DRIVER'S LICENSE.
                                                                        
 27    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 28        SECTION  1.  That  Section  49-109, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        49-109.  DEFINITIONS -- H. (1) "Habitual violator" means  any  person  who
 31    has  a  driving record which shows a violation point count of eighteen (18) or
 32    more points in any consecutive twenty-four (24) month period;  or  twenty-four
 33    (24) or more points in any consecutive thirty-six (36) month period.
 34        (2)  "Hazardous  material" means a substance or any material as defined in
 35    section 103 of the hazardous material transportation act 49 APP,  U.S.C.  1801
 36    et seq that has been designated as hazardous under 49 U.S.C. section 5103, and
 37    is  required  to be placarded under subpart F of 49 CFR part 172, or any quan-
 38    tity of material listed as a select agent or toxin under 42 CFR part 73.
 39        (3)  "Hazardous waste" means a material that is subject to  the  hazardous
 40    waste  manifest  requirements  of  the EPA due to the type and quantity of the
 41    material, or which would be subject to these requirements  absent  an  interim
 42    authorization  to  the  state  under  title 40, code of federal regulations or
 43    which includes in whole or in part polychlorinated biphenyls which  are  regu-
                                                                        
                                           2
                                                                        
  1    lated by title 40, code of federal regulations, part 761.
  2        (4)  "Hearing  aid dog." (See "Hearing Iimpaired person," section 56-701A,
  3    Idaho Code)
  4        (5)  "Highway" means the entire width between the boundary lines of  every
  5    way  publicly  maintained  when  any part is open to the use of the public for
  6    vehicular travel,  with jurisdiction extending to the adjacent property  line,
  7    including  sidewalks,  shoulders, berms and rights-of-way not intended for mo-
  8    torized traffic. The term "street" is interchangeable with highway.
  9        (a)  Arterial. Any highway designated by the local authority as part of  a
 10        major arterial system of highways within its jurisdiction.
 11        (b)  Controlled-access.  Any highway or roadway in respect to which owners
 12        or occupants of abutting lands and other persons have no  legal  right  of
 13        access to or from the highway except at such points only or in such manner
 14        as  may be determined by the public authority having jurisdiction over the
 15        highway.
 16        (c)  Through. Any highway or portion of it on which vehicular  traffic  is
 17        given  preferential  right-of-way, and at the entrances to which vehicular
 18        traffic from intersecting highways is required by law to yield the  right-
 19        of-way  to  vehicles  on  the through highway in obedience to a stop sign,
 20        yield sign, or other traffic-control device.
                                                                        
 21        SECTION 2.  That Section 49-120, Idaho Code, be, and the  same  is  hereby
 22    amended to read as follows:
                                                                        
 23        49-120.  DEFINITIONS  -- S. (1) "Saddlemount combination" means a combina-
 24    tion of vehicles in which a truck or truck tractor tows one (1),  two  (2)  or
 25    three (3) trucks or truck tractors, each connected by a saddle to the frame or
 26    fifth  wheel  of  the  vehicle in front of it.  The saddle is a mechanism that
 27    connects the front axle of the towed vehicle to the frame or  fifth  wheel  of
 28    the  vehicle  in front and functions like a fifth wheel kingpin connection.  A
 29    smaller vehicle mounted completely on the frame of either the  first  or  last
 30    vehicle may be used in a saddlemount combination.
 31        (2)  "Safety  glazing  materials"  means glazing materials so constructed,
 32    treated or combined with other materials as to reduce substantially,  in  com-
 33    parison  with ordinary sheet glass or plate glass, the likelihood of injury to
 34    persons by objects from exterior sources or by these safety glazing  materials
 35    when they may be cracked or broken.
 36        (3)  "Safety  zone"  means the area or space officially set apart within a
 37    highway for the exclusive use of pedestrians and which is protected or  is  so
 38    marked  or  indicated  by adequate signs as to be plainly visible at all times
 39    while set apart as a safety zone.
 40        (4)  "Salvage pool" means a licensed vehicle dealer engaged  primarily  in
 41    the  business  of disposing of salvage vehicles, recovered stolen vehicles, or
 42    both.
 43        (5)  "School bus" means every motor vehicle that complies with  the  color
 44    and  identification  requirements  set  forth  in  the  most recent edition of
 45    "Minimum Standards for School Buses" and is used to transport children  to  or
 46    from  school  or  in  connection  with school approved activities and includes
 47    buses operated by contract carriers.
 48        (6)  "Secretary" means the  secretary  of  transportation  of  the  United
 49    States.
 50        (7)  "Security agreement." (See section 28-9-102, Idaho Code)
 51        (8)  "Security interest." (See section 28-1-201, Idaho Code)
 52        (9)  "Sell,"  "sold,"  "buy," and "purchase," mean and include, as used in
 53    sections 49-2401 through 49-2406, Idaho  Code,  exchange,  barter,  gift,  and
                                                                        
                                           3
                                                                        
  1    offer or contract to sell or buy.
  2        (10) "Semitrailer." (See "Trailer," section 49-121, Idaho Code)
  3        (11) "Serious  traffic violation" means conviction of an offense specified
  4    in 49 CFR part 383 and including  any  subsequent  amendments  thereto,  while
  5    operating  a  commercial motor vehicle, and shall include driving a commercial
  6    motor vehicle:
  7        (a)  Without obtaining a commercial driver's license; or
  8        (b)  Without having a commercial driver's license in the driver's  posses-
  9        sion; or
 10        (c)  Without  the  proper  license class of commercial driver's license or
 11        endorsements for the specific vehicle group being operated or for the pas-
 12        sengers or type of cargo being transported.
 13        (12) "Sidewalk" means that portion of a street between the curb lines,  or
 14    the  lateral  lines of a roadway, and the adjacent property lines intended for
 15    use by pedestrians.
 16        (13) "Signal." (See "Railroad sign," section 49-119, Idaho Code)
 17        (14) "Skills test" means an actual demonstration of  ability  to  exercise
 18    ordinary and reasonable control in the operation of a motor vehicle.
 19        (15) "Slow  moving  vehicle"  means any vehicle not normally operated upon
 20    the highways.
 21        (16) "Snow tire." (See "Tires," section 49-121, Idaho Code)
 22        (17) "Sold." (See "Sell," "buy," and "purchase," this section)
 23        (18) "Solid rubber tire." (See "Tires," section 49-121, Idaho Code)
 24        (19) "Special license plate" means a license plate that is made  available
 25    to  the  public as a personal alternative to the standard issue license plate.
 26    No special program fee shall be charged for the registration or plates  issued
 27    under  sections  49-403,  49-403A, 49-404, 49-405, 49-410, 49-415, 49-415A and
 28    49-415B, Idaho Code.
 29        (20) "Special mobile equipment" means every vehicle not designed  or  used
 30    primarily  for the transportation of persons or property and only incidentally
 31    operated or moved over a highway, including:  ditch-digging  apparatus,  well-
 32    boring  apparatus  and  road  construction  and  maintenance machinery such as
 33    asphalt spreaders, bituminous mixers,  bucket  loaders,  tractors  other  than
 34    truck tractors, ditchers, leveling graders, finishing machines, motor graders,
 35    road  rollers, scarifiers, earth moving carry-alls and scrapers, power shovels
 36    and drag lines, and self-propelled cranes, and  earth  moving  equipment.  The
 37    term  does  not  include  travel  trailers, dump trucks, truck mounted transit
 38    mixers, cranes or shovels, or other vehicles designed for  the  transportation
 39    of persons or property to which machinery has been attached.
 40        (21) "Specially  constructed  vehicle."  (See  "Vehicle,"  section 49-123,
 41    Idaho Code)
 42        (22) "Stand" or "standing" means the halting of a vehicle,  whether  occu-
 43    pied  or not, otherwise than temporarily for the purpose of and while actually
 44    engaged in receiving or discharging passengers.
 45        (23) "State" means a state, territory or possession of the United  States,
 46    the  District  of  Columbia,  the Commonwealth of Puerto Rico or a province of
 47    Canada.
 48        (24) "Stop" means the act of or complete cessation from movement.
 49        (25) "Stopping" means the act of any halting even momentarily of  a  vehi-
 50    cle.
 51        (26) "Street." (See "Highways," section 49-109, Idaho Code)
 52        (27) "Street  rod"  means any pre-1949 vehicle which has had a significant
 53    drive train update from a more modern vehicle.  Changes  may  include  engine,
 54    transmission,  rear  axle, and other suspension components.  The body will be,
 55    or resemble the same as the manufacturer's original issue after its first sale
                                                                        
                                           4
                                                                        
  1    after manufacture.
  2        (28) "Studded tire." (See "Tires," section 49-121, Idaho Code)
  3        (29) "Substandard width lane" means a lane that is too narrow for a  bicy-
  4    cle and a motor vehicle to travel safely side by side within the lane.
  5        (30) "Supplemental  lot"  means  a  physically separate location owned and
  6    maintained by a licensed dealer or manufacturer within the  same  or  adjacent
  7    county  as  the  principal  place of business which meets all the requirements
  8    for a principal place of business.
  9        (31) "Suspension of driver's license" means the  temporary  withdrawal  by
 10    formal  action  of  the department or as otherwise provided in this title of a
 11    person's driver's license or privilege to operate a motor vehicle on the  pub-
 12    lic  highways,  which  temporary withdrawal shall be for a period specifically
 13    designated by the department.
 14        (32) "Suspension of vehicle registration" means the  temporary  withdrawal
 15    by formal action of the department or as otherwise provided in this title of a
 16    person's vehicle registration or, in the case of fleets of vehicles, all vehi-
 17    cle  registrations  in  each fleet operated by a company. Upon suspension, the
 18    privileges of operating the vehicle or vehicles on Idaho  highways  is  termi-
 19    nated until the difficulty that caused the suspension is corrected and notifi-
 20    cation is provided that the suspension has been lifted.
                                                                        
 21        SECTION  3.  That  Section  49-240, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        49-240.  CERTAIN  CIRCUMSTANCES  FOR  FORFEITURE  OF  BOND   FOR   TRAFFIC
 24    OFFENSES.  (1)  Whenever  a  person has received a written uniform misdemeanor
 25    traffic citation, summons or complaint containing a notice to appear before  a
 26    magistrate,  and if the attorney prosecuting the case and the defendant concur
 27    that it is in the best interest of justice that the  defendant  may  post  and
 28    forfeit an amount of the bond agreed upon by the parties, the court shall dis-
 29    miss  the  charge. When bond is forfeited under the provisions of this subsec-
 30    tion, no violation points, as prescribed in section 49-326, Idaho Code,  shall
 31    accrue. A forfeiture of bond under the provisions of this subsection shall not
 32    be recorded as a conviction, but the proceeds of the bond shall be distributed
 33    as court costs and fines as though there were a conviction.
 34        (2)  The  provisions of subsection (1) of this section shall not be avail-
 35    able when citations, summons or complaints are written for a violation of  the
 36    provisions of section 18-8001, 18-8004, 18-8006 or 49-1401, Idaho Code.
 37        (3)  Whenever  a person who holds a class A, B or C license has received a
 38    written uniform traffic citation, summons or complaint containing a notice  to
 39    appear  before  a  magistrate for an offense arising out of the operation of a
 40    commercial motor vehicle, as defined in federal regulation  49 CFR part 383.5,
 41    any bond forfeiture shall be treated as though it were a conviction.
                                                                        
 42        SECTION 4.  That Section 49-301, Idaho Code, be, and the  same  is  hereby
 43    amended to read as follows:
                                                                        
 44        49-301.  DRIVERS  TO  BE  LICENSED.  (1) No person, except those expressly
 45    exempted by the provisions of this chapter, shall drive any motor vehicle upon
 46    a highway unless the person has a current and valid  Idaho  driver's  license.
 47    Provided  however,  that  those persons holding a restricted school attendance
 48    driving permit may drive upon a highway pursuant to the restrictions set forth
 49    in section 49-307A, Idaho Code.
 50        (2)  No person shall operate a motorcycle upon a highway unless he  has  a
 51    motorcycle  endorsement on his valid driver's license. No person shall operate
                                                                        
                                           5
                                                                        
  1    a commercial motor vehicle as defined in section 49-123, Idaho  Code,  upon  a
  2    highway  unless  he  has  a seasonal  or class A, B or C driver's license with
  3    required endorsements.
  4        (3)  No person shall operate a motor vehicle in  violation  of  any  valid
  5    restriction identified on or attached to, his valid driver's license.
  6        (4)  No  person  shall receive a class D driver's license unless and until
  7    he surrenders to the department all driver's licenses in his possession issued
  8    to him by Idaho or any other jurisdiction for use within the United States, or
  9    any identification cards issued by any other jurisdiction  within  the  United
 10    States,  or until he executes an affidavit that he does not possess a driver's
 11    license or any identification cards.
 12        (5)  No person shall be permitted to  have  more  than  one  (1)  driver's
 13    license issued for use within the United States at any time.
 14        (26)  No  person  shall  operate  a commercial motor vehicle as defined in
 15    section 49-123, Idaho Code, upon a highway:
 16        (a)  Without obtaining a commercial driver's license.
 17        (b)  Without having the appropriate class A, B or  C  commercial  driver's
 18        license in the operator's possession.
 19        (c)  Without  the  proper  license class of commercial driver's license or
 20        endorsements for the specific vehicle group being operated or for the pas-
 21        sengers or type of cargo being transported.
 22        (d)  Unless the operator has a seasonal  or  class  A,  B  or  C  driver's
 23        license with required endorsements in his possession.
 24        (7)  Any holder of a class A, B or C commercial driver's license issued by
 25    a  jurisdiction  other  than  Idaho shall apply for an Idaho-issued commercial
 26    driver's license within thirty (30) days of establishing a domicile in  Idaho.
 27    In  accordance  with  the  federal motor carrier safety regulations, no person
 28    shall receive a class A, B or C driver's license unless and until  he  surren-
 29    ders  to  the department all driver's licenses in his possession issued to him
 30    by Idaho or any other jurisdiction.
 31        (8)  Except as provided in section 49-304, Idaho Code, a violation of this
 32    section is a misdemeanor.
                                                                        
 33        SECTION 5.  That Section 49-315, Idaho Code, be, and the  same  is  hereby
 34    amended to read as follows:
                                                                        
 35        49-315.  LICENSES  ISSUED  TO  DRIVERS.  (1) The department shall issue to
 36    every qualifying applicant a distinguishing driver's license as  applied  for,
 37    which  shall  bear  a distinguishing number assigned to the licensee, the full
 38    name, date of birth, Idaho residence address, sex, weight, height, eye  color,
 39    hair  color,  color  photograph, name of this state, date of issuance, date of
 40    expiration, license class, endorsements,  restrictions,  and  the  applicant's
 41    signature.  Driver's  licenses  for  persons  under eighteen (18) years of age
 42    shall include a notation "under 18 until (month,  day,  year),"  and  driver's
 43    licenses  for  persons  eighteen (18) years of age to twenty-one (21) years of
 44    age shall include a notation "under 21 until (month, day, year)." No  driver's
 45    license  shall  be valid until it has been signed on the signature line of the
 46    license by the licensee.
 47        (2)  Every driver's license shall bear a color photograph of the licensee,
 48    which shall be taken by the examiner at the time the application is made.  The
 49    photograph  shall  be  taken without headgear or other clothing or device that
 50    disguises or otherwise conceals the face or head of the  applicant.  A  waiver
 51    may  be  granted by the department allowing the applicant  to wear headgear or
 52    other head covering for medical, religious or safety purposes so long  as  the
 53    face is not disguised or otherwise concealed. At the request of the applicant,
                                                                        
                                           6
                                                                        
  1    a driver's license may contain a statement or indication of the medical condi-
  2    tion of the licensee.
  3        (3)  The department shall notify the commercial driver license information
  4    system  that a class A, B or C driver's license has been issued as required by
  5    49 CFR parts 383 and 384.
  6        (4)  A licensee applying for a hazardous material endorsement  on  a  dri-
  7    ver's license shall have a security background records check and shall receive
  8    clearance  from  the federal transportation security administration before the
  9    endorsement can be issued, renewed or transferred as required by 49  CFR  part
 10    383,  subject to procedures established by the federal transportation security
 11    administration.
 12        (5)  A licensee who desires to donate any or all organs or tissue  in  the
 13    event  of death, and who has completed a document of gift pursuant to the pro-
 14    visions for donation of anatomical gifts as set forth in chapter 34, title 39,
 15    Idaho Code, may, at the option of the donor, indicate this desire on the  dri-
 16    ver's license by the imprinting of the word "donor" on the license.
 17        (6)  A  licensee  who  is a person with a permanent disability may request
 18    that the notation "permanently disabled" be imprinted on the driver's license,
 19    provided the licensee presents written certification from a licensed physician
 20    verifying that the licensee's stated impairment qualifies as a permanent  dis-
 21    ability according to the provisions of section 49-117, Idaho Code.
                                                                        
 22        SECTION  6.  That  Section  49-321, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        49-321.  RECORDS TO BE KEPT BY THE DEPARTMENT. (1)  The  department  shall
 25    file  every  application for a driver's license received by it and shall main-
 26    tain suitable indices containing:
 27        (a)  All applications denied and on each note the reason for denial;
 28        (b)  All applications granted;
 29        (c)  The name of every licensee whose driver's license has been suspended,
 30        revoked, cancelled canceled, denied or disqualified by the department  and
 31        after each name note the reasons for the action;
 32        (d)  The driver's license number for the applicant; and
 33        (e)  The social security number of the applicant.
 34        (2)  The  department shall also file all accident reports and abstracts of
 35    court records of convictions received by it under the law from  any  jurisdic-
 36    tion, and is authorized to forward records of convictions, suspensions or dis-
 37    qualifications  to  any  jurisdiction. Records may be in either paper or elec-
 38    tronic form. and The department shall  maintain  convenient  records  or  make
 39    suitable notations in order that an individual record of each licensee showing
 40    the  convictions  and  the  traffic  accidents  in which the licensee has been
 41    involved shall be readily ascertainable and available for consideration of the
 42    department upon any application for renewal of a driver's license and at other
 43    suitable times.
 44        (3)  The department of health and welfare, on or about  the  25th  day  of
 45    each month shall, upon the request of the department, furnish the department a
 46    listing  showing  the name, age, county of residence, and residence address of
 47    each Idaho resident who has died during the preceding month. The listing shall
 48    be used only for purposes of  updating  the  driver's  license  files  of  the
 49    department and shall be subject to disclosure according to chapter 3, title 9,
 50    Idaho Code.
                                                                        
 51        SECTION  7.  That  Section  49-323, Idaho Code, be, and the same is hereby
 52    amended to read as follows:
                                                                        
                                           7
                                                                        
  1        49-323.  SUSPENDING PRIVILEGES OF NONRESIDENTS AND REPORTING  CONVICTIONS.
  2    (1)  The  privilege of driving a motor vehicle on the highways given to a non-
  3    resident shall be subject to suspension, disqualification or revocation by the
  4    department in a like manner and for a like cause as a driver's license  issued
  5    to a resident may be suspended, disqualified or revoked.
  6        (2)  Upon receipt of a record of the conviction, suspension, disqualifica-
  7    tion or revocation in this state of a nonresident driver for any offense under
  8    the motor vehicle laws, the department shall forward a certified copy or elec-
  9    tronic  transfer of the record of the conviction, suspension, disqualification
 10    or revocation and its cause to the motor vehicle administrator  in  the  state
 11    wherein  the person so convicted is a resident and to the national driver reg-
 12    ister.
                                                                        
 13        SECTION 8.  That Section 49-335, Idaho Code, be, and the  same  is  hereby
 14    amended to read as follows:
                                                                        
 15        49-335.  DISQUALIFICATIONS  AND  PENALTIES -- COMMERCIAL DRIVER'S LICENSE.
 16    (1) Any person who operates a commercial motor vehicle or who holds a class A,
 17    B or C driver's license is disqualified  from  operating  a  commercial  motor
 18    vehicle for a period of not less than one (1) year if convicted in the form of
 19    a  judgment  or withheld judgment of a first violation under any state or fed-
 20    eral law of:
 21        (a)  Operating a motor vehicle while under the influence of alcohol  or  a
 22        controlled substance;
 23        (b)  Operating  a commercial motor vehicle while the alcohol concentration
 24        of the person's blood, breath or bodily substance is 0.04 or more;
 25        (c)  Leaving the scene of an accident involving a motor vehicle driven  by
 26        the person;
 27        (d)  Using a commercial motor vehicle in the commission of any felony.
 28        (2)  Any  person  who  operates  a commercial motor vehicle or who holds a
 29    class A, B or C driver's license is disqualified from operating  a  commercial
 30    motor vehicle for a period of not less than one (1) year if the person refuses
 31    to  submit  to  a  test  to determine the driver's alcohol concentration while
 32    operating a motor vehicle.
 33        (3)  If any of the offenses specified in subsection (1)  or  (2)  of  this
 34    section  occurred  while  transporting  a  hazardous  material  required to be
 35    placarded, the person is disqualified for a period of not less than three  (3)
 36    years.
 37        (4)  A  person  is disqualified for the period of time specified in 49 CFR
 38    part 383 if found to have committed two (2) or more of  any  of  the  offenses
 39    specified  in  subsection  (1)  or  (2) of this section, or any combination of
 40    those offenses, arising from two (2) or more separate incidents.
 41        (5)  A person is disqualified for the period of time specified in  49  CFR
 42    part 383 from operating a commercial motor vehicle who uses a motor vehicle in
 43    the  commission of any felony involving the manufacture, distribution, or dis-
 44    pensing of a controlled substance, or possession  of  a  controlled  substance
 45    with  the  intent  to manufacture, distribute or dispense such controlled sub-
 46    stance.
 47        (6)  A person is disqualified from operating a  commercial  motor  vehicle
 48    for  a period of not less than sixty (60) days if convicted of two (2) serious
 49    traffic violations, or one hundred twenty (120) days if convicted of three (3)
 50    or more serious traffic violations, committed in a  commercial  motor  vehicle
 51    arising  from  separate  incidents occurring within a three (3) year period. A
 52    conviction for reckless driving shall be considered a serious  traffic  viola-
 53    tion  if  committed while operating a commercial motor vehicle or a noncommer-
                                                                        
                                           8
                                                                        
  1    cial motor vehicle, as specified in 49 CFR part 383.
  2        (7)  A person who drives, operates, or is in physical control of a commer-
  3    cial motor vehicle within this state while having  any  detectable  amount  of
  4    alcohol  in  his  system  or  who refuses to submit to an alcohol test must be
  5    placed out of service for twenty-four (24) hours and be subject to the  provi-
  6    sions of section 18-8002, Idaho Code.
  7        (8)  It  is  unlawful for a holder of a class A, B or C license to violate
  8    an out-of-service order. A person who is convicted in the form of  a  judgment
  9    or withheld judgment of a violation of an out-of-service order while driving a
 10    commercial motor vehicle is disqualified for not less than:
 11        (a)  Ninety (90) days nor more than one (1) year for a first conviction;
 12        (b)  One  (1)  year  nor  more than five (5) years for a second conviction
 13        arising from separate incidents during any ten (10) year period;
 14        (c)  Three (3) years nor more than five (5) years for three  (3)  or  more
 15        convictions  arising  from  separate  incidents  during  any ten (10) year
 16        period.
 17        (9)  A person who is convicted in the form of a judgment or withheld judg-
 18    ment of a violation of an out-of-service  order  while  driving  a  commercial
 19    motor  vehicle  and  while  transporting  hazardous  materials  required to be
 20    placarded under the hazardous materials transportation act, or while operating
 21    motor vehicles designed to transport sixteen (16) or more people including the
 22    driver, is disqualified for not less than:
 23        (a)  One hundred eighty (180) days nor more than two (2) years for a first
 24        conviction;
 25        (b)  Three (3) years nor more than five (5) years for  subsequent  convic-
 26        tions arising from separate incidents in any ten (10) year period.
 27        (10) A person is disqualified from operating a commercial motor vehicle if
 28    convicted  of  a railroad grade crossing violation as specified in 49 CFR part
 29    383 or applicable state laws while operating a commercial motor  vehicle.  The
 30    disqualification shall be for a period of:
 31        (a)  Sixty (60) days for a first conviction;
 32        (b)  One  hundred  twenty  (120)  days  for a second conviction during any
 33        three (3) year period;
 34        (c)  One (1) year for a third or subsequent conviction  during  any  three
 35        (3) year period.
 36        (11) A  person  is  additionally  disqualified from operating a commercial
 37    motor vehicle in accordance with 49 CFR part 383 if such person  is  convicted
 38    of operating a commercial motor vehicle during a time when such person's class
 39    A,  B  or C driving privileges were revoked, suspended or canceled or during a
 40    time when such person was disqualified from operating a commercial motor vehi-
 41    cle.
 42        (12) A person is additionally disqualified  from  operating  a  commercial
 43    motor  vehicle  in  accordance  with 49 CFR part 383 if convicted of causing a
 44    fatality through the negligent operation of a commercial motor  vehicle.  Such
 45    negligent operation of a commercial motor vehicle may include, but is not lim-
 46    ited  to, the crimes of motor vehicle manslaughter, homicide by motor vehicle,
 47    or negligent homicide by motor vehicle.
 48        (13) In addition to the disqualification periods in  subsections  (8)  and
 49    (9)  of this section, a driver who is convicted of violating an out-of-service
 50    order shall be subject to a civil penalty of not less than  one  thousand  one
 51    hundred  dollars  ($1,100) nor more than two thousand seven hundred fifty dol-
 52    lars ($2,750).
                                                                        
 53        SECTION 9.  That Section 49-337, Idaho Code, be, and the  same  is  hereby
 54    amended to read as follows:
                                                                        
                                           9
                                                                        
  1        49-337.  EMPLOYEE  AND  EMPLOYER  RESPONSIBILITIES.  (1) Any operator of a
  2    commercial motor vehicle holding a class A, B or C driver's license issued  by
  3    this state, and who is convicted of violating any state law or local ordinance
  4    in any other state relating to motor vehicle traffic control, other than park-
  5    ing  violations,  shall  notify the department of the conviction in the manner
  6    specified by the department within thirty (30) days of the date of conviction.
  7        (2)  Any operator of a commercial motor vehicle holding a class A, B or  C
  8    driver's  license  issued by this state, and who is convicted of violating any
  9    state law or local ordinance relating to motor vehicle traffic control in this
 10    or any other state, other than parking violations, shall notify  his  employer
 11    in  writing  of  the conviction within thirty (30) days of the date of convic-
 12    tion.
 13        (3)  Each employee whose class A, B or C driver's  license  is  suspended,
 14    revoked,  denied, refused or canceled by this state or who loses the privilege
 15    to operate a commercial motor vehicle in any state for any period, or  who  is
 16    disqualified  from  operating a commercial motor vehicle for any period, shall
 17    notify his employer of that fact before the end of the business day  following
 18    the day the employee received notice of that fact.
 19        (4)  Each person who applies for employment as an operator of a commercial
 20    motor  vehicle with an employer shall provide notification to the employer, at
 21    the time of application, of his previous employment as an operator of  a  com-
 22    mercial motor vehicle. The period of previous employment of which notification
 23    must be given shall be the ten (10) year period ending on the date of applica-
 24    tion for employment.
 25        (5)  No  employer  shall  knowingly allow, permit, require or authorize an
 26    employee to operate a commercial motor vehicle in the United States during any
 27    period:
 28        (a)  In which the employee has a driver's license  suspended,  revoked  or
 29        canceled  by a state, has lost the privilege to operate a commercial motor
 30        vehicle in a state or has been disqualified from  operating  a  commercial
 31        motor vehicle; or
 32        (b)  In which the employee has more than one (1) driver's license; or
 33        (c)  In  which  the  employee,  or  the motor vehicle being driven, or the
 34        motor carrier operation, is subject to an out-of-service order.
 35        (6)  An employer who is convicted of a violation of subsection  (5)(c)  of
 36    this section shall be subject to a civil penalty of not less than two thousand
 37    seven  hundred  fifty  dollars  ($2,750) nor more than eleven thousand dollars
 38    ($11,000).
 39        (7)  No employer shall knowingly allow, permit, require  or  authorize  an
 40    employee  to operate a commercial motor vehicle in the United States in viola-
 41    tion of any federal, state or local law or federal  regulation  pertaining  to
 42    railroad  grade crossings. An employer who is convicted of a violation of this
 43    subsection (67) shall, in addition to the general penalties  provided  for  in
 44    this  title,  be subject to a civil penalty of not more than ten thousand dol-
 45    lars ($10,000).
 46        (78)  Each employer shall require the information specified in  subsection
 47    (4) of this section to be provided by the employee.
                                                                        
 48        SECTION  10.  That Section 49-1416, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        49-1416.  RECORD OF TRAFFIC CASES -- REPORT OF CONVICTIONS TO  DEPARTMENT.
 51    (1)  Every  magistrate  or  judge  of a court shall keep or cause to be kept a
 52    record of every traffic complaint, traffic citation, or other  legal  form  of
 53    traffic  charge  deposited  with  or  presented to the court, and shall keep a
                                                                        
                                           10
                                                                        
  1    record of every official action by the court in reference thereto, including a
  2    record of every conviction, forfeiture resulting from every traffic  complaint
  3    or citation deposited with or presented to the court.
  4        (2)  Within  ten  (10)  days after a conviction or forfeiture of bail of a
  5    person upon a charge of violating any provision of this  title  or  other  law
  6    regulating  the operation of vehicles on highways, the magistrate of the court
  7    or clerk of the court of record in which the conviction was had  or  bail  was
  8    forfeited  shall  prepare and immediately forward to the department, either by
  9    paper or electronically, an abstract of the record of the court  covering  the
 10    case  in  which the person was convicted or forfeited bail. The abstract shall
 11    be certified by the person required to prepare the abstract  to  be  true  and
 12    correct.  A  report  need  not be made of any conviction involving the illegal
 13    parking or standing of a vehicle.
 14        (3)  The abstract, whether paper or electronic, shall be made upon a  form
 15    as  prescribed  by the supreme court and shall include the name and address of
 16    the party charged, the number if any of his driver's license, the registration
 17    number of the motor vehicle involved, the nature of the offense, the  date  of
 18    hearing, the plea, the judgment, or whether bail was forfeited, and the amount
 19    of the fine or forfeiture as applicable.
 20        (4)  Every court of record shall also forward a like report to the depart-
 21    ment  upon the conviction of any person of manslaughter or other felony in the
 22    commission of which a vehicle was used.
 23        (5)  Courts shall not mask, defer imposition of  judgment,  or  allow  the
 24    holder of a commercial driver's license to enter into a diversion program that
 25    would prevent a conviction in any jurisdiction of a violation committed in any
 26    type  of  motor  vehicle  of a state or local traffic control law, excluding a
 27    parking violation, from appearing on the driver's record.
 28        (6)  The failure, refusal, or neglect of any judicial  officer  to  comply
 29    with  any  of  the requirements of this section shall constitute misconduct in
 30    office and shall be grounds for removal.
 31        (67)  The department shall keep all abstracts  received  in  either  elec-
 32    tronic  format  or on microfilm, and abstracts shall be open to public inspec-
 33    tion during reasonable business hours with the exception of personal  informa-
 34    tion which may be exempt from disclosure as otherwise provided by law.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE

                              RS 15374C2

This legislation will bring Idaho into closer compliance with federal 
Commercial Driver’s License (CDL) standards:

*	Defines hazardous materials in compliance with United States Code 
        and the Code of Federal Regulations.

*	Allows bond forfeitures to be treated as convictions for commercial 
        drivers who commit offenses in any type of motor vehicle.

*	Makes it a serious traffic offense to operate a commercial vehicle 
        without obtaining a CDL, having a CDL in one’s possession, or having 
        the proper CDL class or CDL endorsement.

*	Authorizes the department to file records received from other 
        jurisdictions and forward records of convictions, suspensions, or 
        disqualifications to other jurisdictions.  

*	Authorizes the department to disqualify drivers from operating 
        commercial vehicles for one year if they are convicted of using any 
        type of motor vehicle in the commission of a felony.

*	Establishes penalties for drivers and employers convicted of 
        violating an out-of-service order.

*	Directs courts to not mask, defer, or allow an individual to enter 
        into a diversion program that would prevent a CDL holder from being 
        convicted for any violation, regardless of the type of vehicle being 
        driven or the state in which the violation occurred.



                               FISCAL NOTE

If this legislation is not implemented and Idaho’s laws are found to be in 
substantial non-compliance with Federal Motor Carrier Safety Administration’s 
regulations,  

*	All future increases in FMCSA grant funding to the Motor Carrier 
        Safety Assistance Program will be eliminated.

*	There will be a permanent 5% reduction of the department’s federal 
        aid highway funding the first year (approximately $6.6 million) and 
        10% in subsequent years (approximately $13.2 million annually). The 
        reduction would affect the following categories:

        -	Interstate Maintenance
        -	National Highway System 
        -	Surface Transportation Program



CONTACT
Name:	Edward Pemble
Agency:	Idaho Transportation Department
Phone:	332-7830

STATEMENT OF PURPOSE/FISCAL NOTE                                	S 1347