2007 Legislation
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HOUSE BILL NO. 36 – Motor carrier, temp vehicle clearnc


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Bill Status

H0036.........................................by TRANSPORTATION AND DEFENSE
MOTOR CARRIERS - Amends existing law to provide that the Idaho
Transportation Department shall waive the fee required for issuing a letter
of temporary vehicle clearance to an Idaho-based motor carrier if the motor
carrier obtained and printed the document using Internet access.
01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to Transp
01/29    Rpt out - rec d/p - to 2nd rdg
01/30    2nd rdg - to 3rd rdg
01/31    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail,
      Vander Woude, Wills, Wood(27), Mr. Speaker
      NAYS -- None
      Absent and excused -- Block, Nielsen, Roberts, Wood(35)
    Floor Sponsor - King
    Title apvd - to Senate
02/01    Senate intro - 1st rdg - to Transp
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
      Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Coiner, Davis, Malepeai
    Floor Sponsor - Hammond
    Title apvd - to House
02/12    To enrol
02/13    Rpt enrol - Sp signed
02/14    Pres signed
02/15    To Governor
02/21    Governor signed
         Session Law Chapter 21
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 36
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION  1.  That  Section  49-202, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
 10        49-202.  DUTIES OF DEPARTMENT. (1) All registration and  driver's  license
 11    records  in  the  office of the department shall be public records and open to
 12    inspection by the public  during  normal  business  hours,  except  for  those
 13    records  declared  by law to be for the confidential use of the department, or
 14    those records containing personal information subject to restrictions or  con-
 15    ditions  regarding  disclosure. If the department has contracted for a service
 16    to be provided by another entity, an additional fee shall be charged  by  that
 17    contractor whether the service is rendered during normal business hours, other
 18    than normal business hours or on weekends.
 19        (2)  In  addition  to  other  fees  required by law to be collected by the
 20    department, the department shall collect the following:
 21        (a)  For certifying a  copy  of  any  record  pertaining  to  any  vehicle
 22        license, any certificate of title, or any driver's license ......... $8.00
 23        (b)  For issuing every Idaho certificate of title .................. $8.00
 24        (c)  For  furnishing  a  duplicate  copy of any Idaho certificate of title
 25        .................................................................... $8.00
 26        (d)  For issuance or transfer of every certificate of title on  a  new  or
 27        used vehicle or other titled vehicle in an expedited manner (rush titles),
 28        in addition to any other fee required by this section ............. $15.00
 29        (e)  For  recording  a transitional ownership document, in addition to any
 30        other fee required by this section ................................ $15.00
 31        (f)  For furnishing a replacement of any receipt of registration ... $3.00
 32        (g)  For furnishing copies of registration or ownership of motor  vehicles
 33        or  driver's  license  records,  per vehicle registration, accident report
 34        records, title or per driver's license record ...................... $4.00
 35        Additional contractor fee, not to exceed ........................... $4.00
 36        (h)  For services in searching files of vehicle  or  other  registrations,
 37        vehicle titles, or driver's licenses per hour ..................... $10.00
 38        (i)  Placing  "stop"  cards  in  vehicle registration or title files, each
 39        ................................................................... $12.00
 40        (j)  For issuance of an assigned  or  replacement  vehicle  identification
 41        number (VIN) ...................................................... $10.00
 42        (k)  For  a  vehicle  identification  number (VIN) inspection whether con-
 43        ducted by a city or county peace officer or any  other  peace  officer  or
  1        designated agent of the state of Idaho, per inspection ............. $3.00
  2        (l)  For all replacement registration stickers, each ............... $1.00
  3        (m)  For  issuing  letters  of  temporary vehicle clearance to Idaho-based
  4        motor carriers .................................................... $10.00
  5        (n)  For all sample license plates, each .......................... $12.00
  6        (o)  For filing release of liability statements .................... $2.00
  7        (p)  For safety and insurance programs for  each  vehicle  operated  by  a
  8        motor carrier ...................................................... $2.00
  9        A lesser amount may be set by rule of the board.
 10        (3)  The fees required in this section shall not apply when the service is
 11    furnished  to  any federal, state, county or city peace officer when such ser-
 12    vice is required in the performance of their duties as peace officers.
 13        (4)  The department may enter into agreements with  private  companies  or
 14    public  entities  to provide the services for which a fee is collected in sub-
 15    section (2)(g) of this section. Such private contractor shall collect the  fee
 16    prescribed and remit the fee to the department. The contractor shall also col-
 17    lect and retain the additional fee charged for his services.
 18        (5)  (a) The  department  shall  pay three dollars ($3.00) of the fee col-
 19        lected by a county assessor or other agent of the department  as  provided
 20        in subsection (2)(a) through (f) of this section, and four dollars ($4.00)
 21        as  provided  in subsection (2)(g) of this section, to the county assessor
 22        or sheriff of the county or agent collecting  such  fee,  which  shall  be
 23        deposited  with  the  county  treasurer and credited to the county current
 24        expense fund. The remainder of the fees collected as provided in that sub-
 25        section shall be paid by the department to the state treasurer and  placed
 26        in the state highway fund.
 27        (b)  The  fee  collected under subsection (2)(k) of this section for a VIN
 28        inspection shall be placed in the city general fund if conducted by a city
 29        peace officer, in the county current expense fund if conducted by a county
 30        peace officer, shall be retained by the special agent authorized  to  per-
 31        form  the  inspection,  or  paid  to the state treasurer and placed to the
 32        credit of the Idaho state police if conducted by the Idaho state police or
 33        in the state highway fund if conducted by the department.
 34        (c)  The fee in subsection (2)(m) of this section shall not apply when the
 35        Idaho-based motor carrier or its representative  obtains  and  prints  the
 36        document using internet access.
 37        (d)  The  fee  collected under subsection (2)(p) of this section for motor
 38        carriers shall be paid by the department to the state treasurer and placed
 39        in the state highway fund. The director and  the  director  of  the  Idaho
 40        state police shall jointly determine the amount to be transferred from the
 41        state  highway  fund  to the law enforcement fund for motor carrier safety
 42        programs conducted by the Idaho state police pursuant to the provisions of
 43        section 67-2901A, Idaho Code.
 44        (6)  The department as often as practicable may provide to law enforcement
 45    agencies the record of suspensions and revocations of driver licenses via  the
 46    Idaho law enforcement telecommunications system (ILETS).
 47        (7)  The  department  shall  provide  the forms prescribed in chapter 5 of
 48    this title, shall receive and file in its office in Ada  county,  all  instru-
 49    ments  required  in  chapter  5 of this title to be filed with the department,
 50    shall prescribe a uniform method of numbering certificates of title, and main-
 51    tain in the department indices for such certificates  of  title.  All  indices
 52    shall  be  by  motor  or identification number and alphabetical by name of the
 53    owner.
 54        (8)  The department shall file each registration received under a distinc-
 55    tive registration number assigned to the vehicle and to the owner thereof.
  1        (9)  The department shall not renew a driver's license  or  identification
  2    card  when  fees  required  by  law  have not been paid or where fees for past
  3    periods are due, owing and unpaid including insufficient  fund  checks,  until
  4    those fees have been paid.
  5        (10) The department shall not grant the registration of a vehicle when:
  6        (a)  The applicant is not entitled to registration under the provisions of
  7        this title; or
  8        (b)  The applicant has neglected or refused to furnish the department with
  9        the  information required in the appropriate form or reasonable additional
 10        information required by the department; or
 11        (c)  The fees required by law have not been paid, or where fees  for  past
 12        registration periods are due, owing and unpaid including insufficient fund
 13        checks.
 14        (11) The department or its authorized agents have the authority to request
 15    any  person to submit to medical, vision, highway, or written examinations, to
 16    protect the safety of the public upon the  highways.  The  department  or  its
 17    authorized  agents  may  exercise such authority based upon evidence which may
 18    include, but is not limited to, observations made.
 19        (12) The department shall revoke the registration of any vehicle:
 20        (a)  Which the department shall determine is unsafe or unfit to  be  oper-
 21        ated or is not equipped as required by law;
 22        (b)  Whenever  the  person  to  whom the registration card or registration
 23        plate has been issued shall make or permit to be made any unlawful use  of
 24        the same or permit their use by a person not entitled thereto;
 25        (c)  For  any  violation of vehicle registration requirements by the owner
 26        or operator in the current or past registration periods;
 27        (d)  Whenever a motor carrier requests revocation, or whenever  an  inter-
 28        state carrier's federal operating authority has been revoked;
 29        (e)  For  failure of the owner or operator to file the reports required or
 30        nonpayment of audit assessments or fees assessed against the owner by  the
 31        department  or the state tax commission pursuant to audit under the provi-
 32        sions of section 49-439, Idaho Code;
 33        (f)  Identified by any city or county administering a program  established
 34        by  ordinance for the inspection and readjustment of motor vehicles (which
 35        program is part of an approved state implementation plan adopted  by  both
 36        the  state and federal governments under 42 U.S.C. section 7410) as having
 37        failed to comply  with  an  ordinance  requiring  motor  vehicle  emission
 38        inspection  and readjustment; provided that no vehicle shall be identified
 39        to the department under this subsection (f) unless:
 40             (i)   The city or county certifies to the department that  the  owner
 41             of  the  motor  vehicle has been given notice and had the opportunity
 42             for a hearing  concerning  compliance  with  the  ordinance  and  has
 43             exhausted  all  remedies  and  appeals from any determination made at
 44             such hearing; and
 45             (ii)  The city or county reimburses the  department  for  all  direct
 46             costs associated with the registration revocation procedure.
 47        (13) The department shall not reregister or permit a vehicle to operate on
 48    a special trip permit until all fees, penalties and interest have been paid.
 49        (14) The  department shall institute educational programs, demonstrations,
 50    exhibits and displays.
 51        (15) The department shall cancel a driver's license or identification card
 52    when fees required by law have not been paid or where fees are due, owing  and
 53    unpaid including insufficient fund checks, until those fees have been paid.
 54        (16) The  department  shall examine persons and vehicles by written, oral,
 55    vision and skills tests without compulsion except as provided by law.
  1        (17) The department shall employ expert and special help as needed in  the
  2    department.
  3        (18) The  department  shall  compile  accident  statistics and disseminate
  4    information relating to those statistics.
  5        (19) The department shall cooperate with the United States in the elimina-
  6    tion of road hazards, whether of a physical, visual or mental character.
  7        (20) The department shall place and maintain traffic-control devices, con-
  8    forming to the board's manual and specifications, upon all state  highways  as
  9    it  shall  deem  necessary to indicate and to carry out the provisions of this
 10    title or to regulate, warn, or guide traffic. No local authority  shall  place
 11    or maintain any traffic-control device upon any highway under the jurisdiction
 12    of  the  department  except  by the latter's permission, except where the duly
 13    elected officials of an incorporated city have established speed limits  lower
 14    than  those  set by the department on the portion of state highways, excluding
 15    controlled-access and interstate  highways,  that  pass  through  residential,
 16    urban  or business districts within the jurisdiction of the incorporated city.
 17    The placement and maintenance of such a  traffic-control  device  by  a  local
 18    authority shall be made according to the board's manual and specifications for
 19    a uniform system of traffic-control devices.
 20        (21) The  department  may  conduct an investigation of any bridge or other
 21    elevated structure constituting a part of a highway, and if it shall find that
 22    the structure cannot with safety to itself withstand vehicles traveling  at  a
 23    speed  otherwise permissible under this title, shall determine and declare the
 24    maximum speed of vehicles which the structure can safely withstand, and  shall
 25    cause  or  permit  suitable  signs stating the maximum speed to be erected and
 26    maintained before each end of the structure.
 27        (22) Whenever the department shall determine on the basis of an  engineer-
 28    ing  and  traffic  investigation  that slow speeds on any highway or part of a
 29    highway impede the normal and reasonable movement of traffic,  the  department
 30    may  determine  and  declare a minimum speed limit below which no person shall
 31    drive a vehicle except when necessary for safe operation or in compliance with
 32    law, and that limit shall be effective when posted upon appropriate  fixed  or
 33    variable  signs, except in cases where the duly elected officials of an incor-
 34    porated city have established speed limits lower than those set by the depart-
 35    ment on portions of state highways, excluding controlled-access and interstate
 36    highways, that pass through residential, urban or  business  districts  within
 37    the jurisdiction of the incorporated city.
 38        (23) The  department shall regulate or prohibit the use of any controlled-
 39    access highway by any class or kind of traffic which is found to be incompati-
 40    ble with the normal and safe movement of traffic.
 41        (24) The department shall erect and maintain  traffic-control  devices  on
 42    controlled-access highways on which any prohibitions are applicable.
 43        (25) Wherever  a  highway  crosses one (1) or more railroads at grade, the
 44    department or local authorities within their  respective  jurisdictions  shall
 45    place  and  maintain  stop  signs, directing vehicular traffic approaching the
 46    crossing to come to a full stop prior to entering the crossing at all railroad
 47    crossings where electric or mechanical warning signals do not exist. Placement
 48    of these stop signs shall be mandatory except when  in  the  determination  of
 49    public  highway agencies the existence of stop signs at a given crossing would
 50    constitute a greater hazard than their absence based on a recognized engineer-
 51    ing study.
 52        Nothing in this subsection shall be construed as granting immunity to  any
 53    railroad company as to liability, if any, for an accident which might occur at
 54    a  crossing  where stop signs are erected and in place, but liability, if any,
 55    shall be determined as provided by law. Liability on the part of  governmental
  1    authorities  on  account  of  absence  of any stop sign at a crossing shall be
  2    determined as provided by law.
  3        (26) The department and local  authorities  are  authorized  to  determine
  4    those portions of any highway under their respective jurisdictions where over-
  5    taking  and  passing or driving on the left side of the roadway would be espe-
  6    cially hazardous and may by appropriate signs or markings on the roadway indi-
  7    cate the beginning and end of those zones and when signs or  markings  are  in
  8    place and clearly visible to an ordinarily observant person, every driver of a
  9    vehicle shall obey those directions.
 10        (27) The  department  and  local authorities in their respective jurisdic-
 11    tions may in their discretion issue special permits authorizing the  operation
 12    upon  a  highway  of  traction  engines or tractors having movable tracks with
 13    transverse corrugations upon the periphery of the movable tracks or farm trac-
 14    tors or other farm machinery, the operation of  which  upon  a  highway  would
 15    otherwise be prohibited under this title or title 40, Idaho Code.
 16        (28) The  department and local highway authorities within their respective
 17    jurisdictions may place official traffic-control devices prohibiting, limiting
 18    or restricting the stopping, standing or parking of vehicles  on  any  highway
 19    where such stopping, standing or parking is dangerous to those using the high-
 20    way  or  where the stopping, standing or parking of vehicles unduly interferes
 21    with the free movement of traffic thereon.
 22        (29) On any informational material printed after July 1, 1995,  by  or  at
 23    the  order  of the department and distributed to counties, school districts or
 24    individuals for the purpose of assisting a person to successfully pass a  dri-
 25    ver's  license  test,  the department shall include material about the state's
 26    open range law and responsibilities, liabilities and  obligations  of  drivers
 27    driving in the open range.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                            RS 16555

This proposed legislation will encourage more DMV Motor Carrier
customers to utilize on-line services for vehicle registration.
The majority of comments from customers utilizing the current on-
line registration service, relate to paying $10 for the temporary
vehicle clearance document (TVC), since they are using their
time/equipment to enter the data and print the document. 
Customers have indicated an interest in using the on-line
service, if the $10 TVC fee was waived.

                          FISCAL NOTE

There are approximately 1,000 customers currently utilizing on-
line services for motor carrier registration annually. If the fee
is waived it would result in a loss of approximately $10,000
annually in revenue to the Highway Distribution Account (HDA). An
unknown number of customers who currently do not utilize our on-
line services may if the temporary vehicle clearance fee is

Name:     Chris Engels
Agency:   Idaho Transportation Department
Phone:    334-8613

STATEMENT OF PURPOSE/FISCAL NOTE                               H 36