2007 Legislation
Print Friendly

HOUSE BILL NO. 66 – Driver lic suspended/commercial MV

HOUSE BILL NO. 66

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0066.........................................by TRANSPORTATION AND DEFENSE
DRIVER'S LICENSE - SUSPENDED - Amends existing law to provide that no
person who is disqualified or whose driving privileges are suspended,
revoked or canceled shall be granted restricted driving privileges to
operate a commercial motor vehicle.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Transp
02/05    Rpt out - rec d/p - to 2nd rdg
02/06    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Chadderdon, Chavez, Chew, Clark,
      Collins, 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,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Crane, Nielsen
    Floor Sponsor - Hagedorn
    Title apvd - to Senate
02/08    Senate intro - 1st rdg - to Jud
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Burkett
    Title apvd - to House
02/20    To enrol
02/21    Rpt enrol - Sp signed
02/22    Pres signed
02/23    To Governor
02/23    Governor signed
         Session Law Chapter 34
         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. 66
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DRIVING WITHOUT PRIVILEGES; AMENDING SECTION 18-8001, IDAHO  CODE,
  3        TO  PROVIDE THAT NO PERSON WHO IS DISQUALIFIED OR WHOSE DRIVING PRIVILEGES
  4        ARE SUSPENDED, REVOKED OR CANCELED SHALL  BE  GRANTED  RESTRICTED  DRIVING
  5        PRIVILEGES TO OPERATE A COMMERCIAL MOTOR VEHICLE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 18-8001, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        18-8001.  DRIVING WITHOUT PRIVILEGES. (1) Any person who drives or  is  in
 10    actual  physical  control of any motor vehicle upon the highways of this state
 11    with knowledge or who has received legal notice pursuant  to  section  49-320,
 12    Idaho  Code,  that his driver's license, driving privileges or permit to drive
 13    is revoked, disqualified or suspended in this state or any other  jurisdiction
 14    is guilty of a misdemeanor.
 15        (2)  A person has knowledge that his license, driving privileges or permit
 16    to drive is revoked, disqualified or suspended when:
 17        (a)  He  has  actual knowledge of the revocation, disqualification or sus-
 18        pension of his license, driving privileges or permit to drive; or
 19        (b)  He has received oral or written notice from  a  verified,  authorized
 20        source,  that  his  license,  driving  privileges  or  permit to drive was
 21        revoked, disqualified or suspended; or
 22        (c)  Notice of the  suspension,  disqualification  or  revocation  of  his
 23        license,  driving  privileges or permit to drive was mailed by first class
 24        mail to his address pursuant to section 49-320, Idaho Code,  as  shown  in
 25        the transportation department records, and he failed to receive the notice
 26        or  learn of its contents as a result of his own unreasonable, intentional
 27        or negligent conduct or his failure to keep the transportation  department
 28        apprised of his mailing address as required by section 49-320, Idaho Code;
 29        or
 30        (d)  He has knowledge of, or a reasonable person in his situation exercis-
 31        ing  reasonable  diligence would have knowledge of, the existence of facts
 32        or circumstances which, under Idaho law, might have caused the revocation,
 33        disqualification or suspension of his license, driving privileges or  per-
 34        mit to drive.
 35        (3)  Any  person who pleads guilty to or is found guilty of a violation of
 36    subsection (1) for the first time:
 37        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
 38        than two (2) days, and may be sentenced to not more than six  (6)  months,
 39        provided  however,  that  in  the  discretion of the sentencing judge, the
 40        judge may authorize the defendant to be assigned to a work release or work
 41        detail program within the custody of the county sheriff during the  period
 42        of  incarceration,  or,  if the underlying suspension that resulted in the
 43        violation of this section is not a suspension resulting  from  an  offense
                                                                        
                                       2
                                                                        
  1        identified  in  subsection (8) of this section, the judge may authorize an
  2        equivalent amount of community service in lieu of jail, or any  equivalent
  3        combination of these options;
  4        (b)  May  be  fined an amount not to exceed one thousand dollars ($1,000);
  5        and
  6        (c)  Shall have his driving privileges suspended by the court for an addi-
  7        tional six (6) months following the end of any period of suspension,  dis-
  8        qualification  or  revocation   existing at the time of the violation; the
  9        defendant may request restricted driving privileges during the  period  of
 10        the  suspension  or  disqualification,  which  the  court may allow if the
 11        defendant shows by a preponderance of the evidence that driving privileges
 12        are necessary for his employment, education or for family health needs.
 13        (4)  Any person who pleads guilty to or is found guilty of a violation  of
 14    subsection  (1)  for  a second time within five (5) years, irrespective of the
 15    form of the judgment(s) or withheld judgment(s):
 16        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
 17        than twenty (20) days, and may be sentenced to not more than one (1) year,
 18        provided however, that in the discretion  of  the  sentencing  judge,  the
 19        judge may authorize the defendant to be assigned to a work release or work
 20        detail  program within the custody of the county sheriff during the period
 21        of incarceration, or, if the underlying suspension that  resulted  in  the
 22        violation  of  this  section is not a suspension resulting from an offense
 23        identified in subsection (8) of this section, the judge may  authorize  an
 24        equivalent  amount of community service in lieu of jail, or any equivalent
 25        combination of these options;
 26        (b)  May be fined an amount not to exceed one thousand  dollars  ($1,000);
 27        and
 28        (c)  Shall have his driving privileges suspended by the court for an addi-
 29        tional  one  (1)  year following the end of any period of suspension, dis-
 30        qualification or revocation existing at the time of the second  violation,
 31        during  the  first thirty (30) days of which time he shall have absolutely
 32        no driving privileges of any kind. The defendant  may  request  restricted
 33        driving  privileges  during  the period of the suspension or disqualifica-
 34        tion, to begin after the period of absolute suspension,  which  the  court
 35        may  allow  if the defendant shows by a preponderance of the evidence that
 36        driving privileges are necessary for his employment, education or for fam-
 37        ily health needs.
 38        (5)  Any person who has pled guilty to or been found guilty of  more  than
 39    two  (2) violations of the provisions of subsection (1) of this section within
 40    five (5) years, notwithstanding  the  form  of  the  judgment(s)  or  withheld
 41    judgment(s), is guilty of a misdemeanor; and
 42        (a)  Shall  be sentenced to the county jail for a mandatory minimum period
 43        of not less than thirty (30) days, and may be sentenced to not  more  than
 44        one  (1) year; provided, however, that in the discretion of the sentencing
 45        judge, the judge may authorize the defendant to  be  assigned  to  a  work
 46        release  or  work  detail program within the custody of the county sheriff
 47        during the period of incarceration, or, if the underlying suspension  that
 48        resulted  in  the  violation of this section is not a suspension resulting
 49        from an offense identified in subsection (8) of this  section,  the  judge
 50        may  authorize  an equivalent amount of community service in lieu of jail,
 51        or any equivalent combination of these options;
 52        (b)  May be fined an amount not to exceed three thousand dollars ($3,000);
 53        and
 54        (c)  Shall have his driving privileges suspended by the court for an addi-
 55        tional two (2) years following the end of any period of  suspension,  dis-
                                                                        
                                       3
                                                                        
  1        qualification  or revocation existing at the time of the violation, during
  2        the first ninety (90) days of which time he shall have absolutely no driv-
  3        ing privileges of any kind. The defendant may request  restricted  driving
  4        privileges  during  the  period  of the suspension or disqualification, to
  5        begin after the period of absolute suspension, which the court  may  allow
  6        if  the  defendant  shows  by a preponderance of the evidence that driving
  7        privileges are necessary for  his  employment,  education  or  for  family
  8        health needs.
  9        (6)  A  minor  may be prosecuted for a violation of subsection (1) of this
 10    section under chapter 5, title 20, Idaho Code.
 11        (7)  If a person is  convicted  for  a   violation   of  section  18-8004,
 12    18-8004C  or  18-8006,  Idaho  Code,  and at the time of arrest had no driving
 13    privileges, the penalties imposed by this section shall be in addition to  any
 14    penalties  imposed under the provisions of section 18-8005, 18-8004A, 18-8004C
 15    or 18-8006, Idaho Code, and not in lieu thereof.
 16        (8)  For purposes of this section, the offenses referred to in subsections
 17    (3)(a), (4)(a) and (5)(a) of this section are:
 18        (a)  Section 18-1501(3), Idaho Code, transporting a minor in a motor vehi-
 19        cle while under the influence;
 20        (b)  Section 18-4006(3), Idaho Code, vehicular manslaughter;
 21        (c)  Section 18-8001, Idaho Code, driving without privileges;
 22        (d)  Section 18-8004, Idaho Code, driving under the influence of  alcohol,
 23        drugs or other intoxicating substances;
 24        (e)  Section 18-8004C, Idaho Code, excessive alcohol concentration;
 25        (f)  Section  18-8006,  Idaho  Code,  aggravated  driving  while under the
 26        influence of alcohol, drugs or any other intoxicating substances;
 27        (g)  Section 18-8007, Idaho Code, leaving the scene of an accident result-
 28        ing in injury or death;
 29        (h)  Section 49-1229, Idaho Code, required motor vehicle insurance;
 30        (i)  Section 49-1232, Idaho Code, certificate or proof of liability insur-
 31        ance to be carried in motor vehicle;
 32        (j)  Section 49-1401, Idaho Code, reckless driving;
 33        (k)  Section 49-1404, Idaho Code, eluding a police officer;
 34        (l)  Section 49-1428, Idaho Code, operating a  vehicle  without  liability
 35        insurance;
 36    or any substantially conforming foreign criminal violation.
 37        (9)  In  no  event shall a person be granted restricted driving privileges
 38    unless the person shows proof of liability insurance or other proof of  finan-
 39    cial responsibility, as provided in chapter 12, title 49, Idaho Code.
 40        (10) In no event shall a person who is disqualified or whose driving priv-
 41    ileges are suspended, revoked or canceled under the provisions of this chapter
 42    be  granted  restricted driving privileges to operate a commercial motor vehi-
 43    cle.

Statement of Purpose / Fiscal Impact


     REPRINT   REPRINT   REPRINT   REPRINT   REPRINT   REPRINT

                       STATEMENT OF PURPOSE

                            RS 16543C1

This legislation will bring Idaho into compliance with federal
requirements for commercial driver licensing brought about by
the federal Motor Carrier Safety Improvement Act (MCSIA) of 1999.
This provision prohibits the issuance of a restricted driving
permit during a period of suspension as a result of driving
without privileges (DWP) that would allow for the operation of a
commercial motor vehicle (CMV).


                          FISCAL NOTE

If this legislation is not implemented Idaho's laws could be
found to be in substantial non-compliance with Federal Motor
Carrier Safety Administration's regulations. All increases in
FMCSA grant funding to the Motor Carrier Safety Assistance
Program could be eliminated and there could be a permanent loss
of federal-aid Interstate Maintenance, National Highway System,
and Surface Transportation Program federal aid highway funds; 5%
the first year of non-compliance (approximately $6.6 million)
and 10% in subsequent years (approximately $13.2 million).

                                             
                                 

Contact
Name: Hal Putnam
Idaho Transportation Department 
Phone: 334-4465


STATEMENT OF PURPOSE/FISCAL NOTE                          H 66