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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
]]]] 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.
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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