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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
]]]] 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
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