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H0187aa.......................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - UNCONVENTIONAL - Amends and adds to existing law to
provide for the registration, titling and operation of unconventional motor
vehicles, including all-terrain vehicles, motorbikes, mopeds and
motor-driven cycles.
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - to Transp
03/01 Rpt out - to Gen Ord
03/05 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, 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, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- None
Absent and excused -- Snodgrass
Floor Sponsor - Wood(35)
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 187
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO UNCONVENTIONAL MOTOR VEHICLES; AMENDING SECTION 49-102, IDAHO
3 CODE, TO REVISE THE DEFINITION OF "ALL-TERRAIN VEHICLE" OR "ATV"; AMENDING
4 SECTION 49-105, IDAHO CODE, TO REVISE THE DEFINITION OF "DEALER" AND TO
5 REVISE THE DEFINITION OF "ENDORSEMENT M -- MOTORCYCLE" UNDER THE DEFINI-
6 TION OF "DRIVER'S LICENSE ENDORSEMENTS"; AMENDING SECTION 49-107, IDAHO
7 CODE, TO DEFINE "FEDERAL MOTOR VEHICLE SAFETY STANDARDS (FMVSS)" AND TO
8 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-108, IDAHO CODE, TO PRO-
9 VIDE A REFERENCE TO THE DEFINITION OF "GLIDER KIT VEHICLE" AND TO MAKE
10 TECHNICAL CORRECTIONS; AMENDING SECTION 49-114, IDAHO CODE, TO REVISE THE
11 DEFINITIONS OF "MOPED" AND "MOTORCYCLE," TO DEFINE "MOTORBIKE" AND
12 "MOTOR-DRIVEN CYCLE" AND TO PROVIDE A REFERENCE TO THE DEFINITION OF
13 "MULTIPURPOSE PASSENGER VEHICLE"; AMENDING SECTION 49-117, IDAHO CODE, TO
14 PROVIDE A REFERENCE TO THE DEFINITION OF "PASSENGER CAR" AND TO PROVIDE A
15 CORRECT CODE REFERENCE; AMENDING SECTION 49-119, IDAHO CODE, TO PROVIDE
16 REFERENCES TO THE DEFINITIONS OF "RECONSTRUCTED OR REPAIRED VEHICLE" AND
17 "REPLICA VEHICLE"; AMENDING SECTION 49-120, IDAHO CODE, TO PROVIDE A REF-
18 ERENCE TO THE DEFINITION OF "SALVAGE VEHICLE"; AMENDING SECTION 49-121,
19 IDAHO CODE, TO PROVIDE A REFERENCE TO THE DEFINITION OF "TOTAL LOSS VEHI-
20 CLE" AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-123, IDAHO
21 CODE, TO REVISE THE DEFINITION OF "MOTOR VEHICLE" UNDER THE DEFINITION OF
22 "VEHICLE," TO DEFINE "REPLICA VEHICLE" AND TO CLARIFY PROVISIONS SPECIFIC
23 TO ALL SPECIALLY CONSTRUCTED VEHICLES REQUIRED TO BE REGISTERED; AMENDING
24 SECTION 49-201, IDAHO CODE, TO PROVIDE ADDITIONAL DUTIES OF THE IDAHO
25 TRANSPORTATION DEPARTMENT REGARDING DESIGNATION OF SECTIONS OF STATE HIGH-
26 WAYS OVER WHICH CERTAIN VEHICLES MAY CROSS, TO SPECIFY CONDITIONS FOR
27 OPERATION OF SUCH CERTAIN VEHICLES AND TO PROVIDE COSTS OF SIGNING; AMEND-
28 ING SECTION 49-208, IDAHO CODE, TO AUTHORIZE LOCAL AUTHORITIES WITH HIGH-
29 WAY JURISDICTION TO ADOPT ORDINANCES DESIGNATING PAVED HIGHWAYS OR SEC-
30 TIONS THEREOF FOR USE BY CERTAIN VEHICLES, TO AUTHORIZE SUCH LOCAL AUTHOR-
31 ITIES TO PROHIBIT CERTAIN VEHICLES FROM OPERATING ON UNPAVED ROADS OR POR-
32 TIONS THEREOF, TO PROVIDE CONDITIONS RELATING TO SUCH VEHICLES AND SUCH
33 DESIGNATIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-302,
34 IDAHO CODE, TO CLARIFY THE EXEMPTION FROM OBTAINING A MOTORCYCLE ENDORSE-
35 MENT; AMENDING SECTION 49-402, IDAHO CODE, TO REQUIRE COMPLIANCE WITH FED-
36 ERAL MOTOR VEHICLE SAFETY STANDARDS FOR REGISTRATION OF CERTAIN VEHICLES,
37 TO CLARIFY REGISTRATION PROVISIONS RELATING TO MOTORCYCLES, MOTOR-DRIVEN
38 CYCLES AND MOPEDS, TO PROVIDE FOR REGISTRATION OF ALL-TERRAIN VEHICLES AND
39 TO PROHIBIT REGISTRATION AND OPERATION OF VEHICLES ON PUBLIC HIGHWAYS THAT
40 DO NOT MEET FEDERAL MOTOR VEHICLE SAFETY STANDARDS; AMENDING SECTION
41 49-402B, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION
42 49-410, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION
43 49-426, IDAHO CODE, TO PROVIDE PROPER TERMINOLOGY AND TO DELETE PROVISIONS
44 THAT ARE NO LONGER APPLICABLE TO EXEMPTIONS; AMENDING SECTION 49-501,
45 IDAHO CODE, TO CLARIFY TITLING REQUIREMENTS RELATING TO ALL-TERRAIN VEHI-
46 CLES, MOTORBIKES, SNOWMOBILES, UTILITY TYPE VEHICLES AND MOPEDS; AMENDING
2
1 SECTION 49-529, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING
2 CHAPTER 6, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-664,
3 IDAHO CODE, TO PROVIDE FOR OPERATION OF MOPEDS ON PUBLIC HIGHWAYS; AMEND-
4 ING SECTION 49-1606, IDAHO CODE, TO PROVIDE THAT A DEALER'S LICENSE PER-
5 MITS ENGAGING IN THE BUSINESS OF DEALING IN MOTOR-DRIVEN CYCLES,
6 MOTORBIKES AND UTILITY TYPE VEHICLES; AMENDING SECTION 49-1608, IDAHO
7 CODE, TO CLARIFY APPLICATION OF A DEALER'S LICENSE BOND; AMENDING SECTION
8 63-3606B, IDAHO CODE, TO CLARIFY THE DEFINITION OF "MOTOR VEHICLE" AS THE
9 TERM APPLIES TO SALES TAX LAW; AMENDING SECTION 67-7101, IDAHO CODE, TO
10 REVISE THE DEFINITION OF "ALL-TERRAIN VEHICLE (ATV)"; AND AMENDING SECTION
11 67-7122, IDAHO CODE, TO CLARIFY REGISTRATION OF ALL-TERRAIN VEHICLES,
12 MOTORBIKES AND UTILITY TYPE VEHICLES BY THE DEPARTMENT OF PARKS AND RECRE-
13 ATION, TO DELETE REDUNDANT LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 49-102, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 49-102. DEFINITIONS -- A. (1) "Abandon" means to leave a vehicle on pri-
18 vate property without the permission of the person having rights to the pos-
19 session of the property, or on a highway or other property open to the public
20 for the purposes of vehicular traffic or parking, or upon or within the right-
21 of-way of any highway, for twenty-four (24) hours or longer.
22 (2) "Abandoned vehicle" means any vehicle observed by an authorized offi-
23 cer or reported by a member of the public to have been left within the limits
24 of any highway or upon the property of another without the consent of the
25 property owner for a period of twenty-four (24) hours or longer, except that a
26 vehicle shall not be considered abandoned if its owner-operator is unable to
27 remove it from the place where it is located and has notified a law enforce-
28 ment agency and requested assistance.
29 (3) "Accident" means any event that results in an unintended injury or
30 property damage attributable directly or indirectly to the motion of a motor
31 vehicle or its load, a snowmobile or special mobile equipment.
32 (4) "Actual physical control" means being in the driver's position of a
33 motor vehicle with the motor running or the vehicle moving.
34 (5) "Administrator" means the federal highway administrator, the chief
35 executive of the federal highway administration, an agency within the U.S.
36 department of transportation.
37 (6) "Age of a motor vehicle" means the age determined by subtracting the
38 manufacturer's year designation of the vehicle from the year in which the des-
39 ignated registration fee is paid. If the vehicle has the same manufacturer's
40 year designation as the year in which the fee is paid, or if a vehicle has a
41 manufacturer's year designation later than the year in which the fee is paid,
42 the vehicle shall be deemed to be one (1) year old.
43 (7) "Air-conditioning equipment" means mechanical vapor compression
44 refrigeration equipment which is used to cool the driver's or passenger com-
45 partment of any motor vehicle.
46 (8) "Alcohol or alcoholic beverage" means:
47 (a) Beer as defined in 26 U.S.C. section 5052(a), of the Internal Revenue
48 Code;
49 (b) Wine of not less than one-half of one percent (.005%) of alcohol by
50 volume; or
51 (c) Distilled spirits as defined in section 5002(a)(8), of the Internal
52 Revenue Code.
3
1 (9) "Alley" means a public way of limited use intended only to provide
2 access to the rear or side of lots or buildings in urban districts.
3 (10) "All-terrain vehicle" or "ATV" means any recreation vehicle with
4 three (3) or more tires, weighing under eight hundred fifty (850) pounds, for-
5 ty-eight (48) fifty (50) inches or less in width, having a wheelbase of sixty-
6 one (61) inches or less, traveling on low-pressure tires of ten (10) psi or
7 less, has handlebar steering and a seat designed to be straddled by the opera-
8 tor. Such vehicles shall be titled and shall be registered under the provi-
9 sions of section 49-402 or 67-7122, Idaho Code, for operation on public high-
10 ways as specified in sections 49-402 and 67-7122, Idaho Code, unless exempted
11 under the provisions of section 49-426, Idaho Code.
12 (11) "Amateur radio operator." (See "Radio operator, amateur," section
13 49-119, Idaho Code)
14 (12) "Ambulance" means a motor vehicle designed and used primarily for the
15 transportation of injured, sick, or deceased persons, on stretchers, cots,
16 beds, or other devices for carrying persons in a prone position.
17 (13) "Applicant" means an individual who applies to obtain, transfer,
18 upgrade, or renew a driver's license.
19 (14) "Approved driver training course" means a training course from a
20 school licensed under the provisions of chapter 21 of this title.
21 (15) "Approved testing agency" means a person, firm, association, partner-
22 ship or corporation approved by the director of the Idaho state police which
23 is:
24 (a) In the business of testing equipment and systems;
25 (b) Recognized by the director as being qualified and equipped to do
26 experimental testing; and
27 (c) Not under the jurisdiction or control of any single manufacturer or
28 supplier for an affected industry.
29 (16) "Armed forces" means the army, navy, marine corps, coast guard and
30 the air force of the United States.
31 (17) "Authorized emergency vehicle." (See "Vehicle," section 49-123, Idaho
32 Code)
33 (18) "Authorized officer" means any member of the Idaho state police, or
34 any regularly employed and salaried deputy sheriff, or other county employee
35 designated to perform the function of removing abandoned vehicles or junk
36 vehicles by the board of county commissioners of the county in which a vehicle
37 is located, or any regularly employed and salaried city peace officer or other
38 city employee designated to perform the function of removing abandoned vehi-
39 cles or junk vehicles by the city council, or a qualified person deputized or
40 appointed by the proper authority as reserve deputy sheriff or city policeman,
41 authorized within the jurisdiction in which the abandoned vehicle or junk
42 vehicle is located.
43 (19) "Authorized transportation department employee" means any employee
44 appointed by the board to perform duties relating to enforcement of vehicle
45 laws as have been specifically defined and approved by order of the board (see
46 section 40-510, Idaho Code).
47 (20) "Auto transporter" means a vehicle combination constructed for the
48 purpose of transporting vehicles.
49 SECTION 2. That Section 49-105, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 49-105. DEFINITIONS -- D. (1) "Dealer" means every person in the business
52 of buying, selling or exchanging five (5) or more new or used vehicles, new or
53 used neighborhood electric vehicles, new or used motorcycles, motor-driven
4
1 cycles, snow machines or motor scooters motorbikes, travel trailers, all-
2 terrain vehicles, utility type vehicles or motor homes in any calendar year,
3 either outright or on conditional sale, bailment, lease, chattel mortgage, or
4 otherwise, or who has an established place of business for the sale, lease,
5 trade, or display of these vehicles. No insurance company, bank, finance com-
6 pany, public utilities company, or other person coming into possession of any
7 vehicle, as an incident to its regular business, who shall sell that vehicle
8 under any contractual rights it may have, shall be considered a dealer. See
9 also "salvage pool," section 49-120, Idaho Code.
10 (2) "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho
11 Code)
12 (3) "Department" means the Idaho transportation department acting
13 directly or through its duly authorized officers and agents, except in chap-
14 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho state
15 police, except as otherwise specifically provided.
16 (4) "Designated family member" means the spouse, child, grandchild, par-
17 ent, brother or sister of the owner of a vehicle dealership who, in the event
18 of the owner's death, is entitled to inherit the ownership interest in the
19 dealership under the same terms of the owner's will, or who has been nominated
20 in any other written instrument, or who, in the case of an incapacitated owner
21 of a dealership, has been appointed by a court as the legal representative of
22 the dealer's property.
23 (5) "Director" means the director of the Idaho transportation department,
24 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
25 director of the Idaho state police.
26 (6) "Disclose" means to engage in any practice or conduct to make avail-
27 able and make known personal information contained in records of the depart-
28 ment about a person to any other person, organization or entity, by any means
29 of communication.
30 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by
31 the department of commercial vehicle driving privileges.
32 (8) "Distributor" means any person, firm, association, corporation or
33 trust, resident or nonresident, who has a franchise from a manufacturer of
34 vehicles to distribute vehicles in this state, and who in whole or in part
35 sells or distributes new vehicles to dealers or who maintains distributor rep-
36 resentatives.
37 (9) "Distributor branch" means a branch office similarly maintained by a
38 distributor for the same purposes a factory branch is maintained.
39 (10) "Distributor representative" means any person, firm, association,
40 corporation or trust, and each officer and employee thereof engaged as a rep-
41 resentative of a distributor or distributor branch of vehicles for the purpose
42 of making or promoting the sale of vehicles, or for supervising or contacting
43 dealers or prospective dealers.
44 (11) "District" means:
45 (a) Business district. The territory contiguous to and including a high-
46 way when within any six hundred (600) feet along the highway there are
47 buildings in use for business or industrial purposes, including hotels,
48 banks or office buildings, railroad stations and public buildings which
49 occupy at least three hundred (300) feet of frontage on one side or three
50 hundred (300) feet collectively on both sides of the highway.
51 (b) Residential district. The territory contiguous to and including a
52 highway not comprising a business district when the property on the high-
53 way for a distance of three hundred (300) feet or more is in the main
54 improved with residences, or residences and buildings in use for business.
55 (c) Urban district. The territory contiguous to and including any highway
5
1 which is built up with structures devoted to business, industry or dwell-
2 ing houses. For purposes of establishing speed limits in accordance with
3 the provisions of section 49-654, Idaho Code, no state highway or any por-
4 tion thereof lying within the boundaries of an urban district is subject
5 to the limitations which otherwise apply to nonstate highways within an
6 urban district. Provided, this subsection shall not limit the authority of
7 the duly elected officials of an incorporated city acting as a local
8 authority to decrease speed limits on state highways passing through any
9 district within the incorporated city.
10 (12) "Documented vessel" means a vessel having a valid marine document as
11 a vessel of the United States.
12 (13) "Drag race" means the operation of two (2) or more vehicles from a
13 point side by side at accelerating speeds in a competitive attempt to outdis-
14 tance each other, or the operation of one (1) or more vehicles over a common
15 selected course, from the same point to the same point, for the purpose of
16 comparing the relative speeds or power of acceleration of the vehicles within
17 a certain distance or time limit.
18 (14) "Driver" means every person who drives or is in actual physical con-
19 trol of a vehicle.
20 (15) "Driver's license" means a license or permit issued by the department
21 or by any other jurisdiction to an individual which authorizes the individual
22 to operate a motor vehicle or commercial motor vehicle on the highways in
23 accordance with the requirements of title 49, Idaho Code.
24 (16) "Driver's license -- Classes of" are issued for the operation of a
25 vehicle based on the size of the vehicle or the type of load and mean:
26 (a) Class A. This license shall be issued and valid for the operation of
27 any combination of motor vehicles with a manufacturer's gross combination
28 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds,
29 provided the manufacturer's gross vehicle weight rating (GVWR) of the
30 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per-
31 sons holding a valid class A license may also operate vehicles requiring a
32 class B, C or D license.
33 (b) Class B. This license shall be issued and valid for the operation of
34 any single vehicle with a manufacturer's gross vehicle weight rating
35 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
36 cle towing a vehicle not in excess of ten thousand (10,000) pounds
37 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
38 class B license may also operate vehicles requiring a class C license or a
39 class D license.
40 (c) Class C. This license shall be issued and valid for the operation of
41 any single vehicle or combination of vehicles that does not meet the defi-
42 nition of class A or class B, as defined in this section, but that either
43 is designed to transport sixteen (16) or more people including the driver,
44 or is of any size which does not meet the definition of class A or class B
45 and is used in the transportation of materials found to be hazardous
46 according to the hazardous material transportation act and which requires
47 the motor vehicle to be placarded under the federal hazardous materials
48 regulations 49 CFR part 172, subpart F. Persons holding a valid class C
49 license may also operate vehicles requiring a class D license.
50 (d) Class D. This license shall be issued and valid for the operation of
51 a motor vehicle that is not a commercial vehicle as defined in section
52 49-123, Idaho Code.
53 (e) "Seasonal driver's license" means a special restricted class B or C
54 driver's license to operate certain commercial vehicles in farm-related
55 industries under restrictions imposed by the department. As used in this
6
1 definition, "farm-related industry" shall mean custom harvesters, farm
2 retail outlets and suppliers, agri-chemical businesses and livestock
3 feeders. Seasonal driver's licenses are not valid for driving vehicles
4 carrying any quantities of hazardous material requiring placarding,
5 except for diesel fuel in quantities of one thousand (1,000) gallons or
6 less, liquid fertilizers, i.e., plant nutrients, in vehicles or implements
7 of husbandry with total capacities of three thousand (3,000) gallons or
8 less, and solid fertilizers, i.e., solid plant nutrients, that are not
9 mixed with any organic substance.
10 (17) "Driver record" means any record that pertains to an individual's
11 driver's license, driving permit, driving privileges, driving history, identi-
12 fication documents or other similar credentials issued by the department.
13 (18) "Driver's license endorsements" means special authorizations that are
14 required to be displayed on a driver's license which permit the driver to
15 operate certain types of commercial vehicles or commercial vehicles hauling
16 certain types of cargo, or to operate a motorcycle or a school bus.
17 (a) "Endorsement T -- Double/Triple trailer" means this endorsement is
18 required on a class A, B or C license to permit the licensee to operate a
19 vehicle authorized to tow more than one (1) trailer.
20 (b) "Endorsement H -- Hazardous material" means this endorsement is
21 required on a class A, B or C license if the driver is operating a vehicle
22 used in the transportation of materials found to be hazardous according to
23 the hazardous material transportation act and which requires the motor
24 vehicle to be placarded under the federal hazardous materials regulations
25 49 CFR part 172, subpart F.
26 (c) "Endorsement P -- Passenger" means this endorsement is required on a
27 class A, B or C license to permit the licensee to operate a vehicle
28 designed to transport sixteen (16) or more people including the driver.
29 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on
30 a class A, B or C license to permit the licensee to operate a vehicle
31 which is designed to transport any liquid or gaseous materials within a
32 tank that is either permanently or temporarily attached to the vehicle.
33 Such vehicles include, but are not limited to, cargo tanks and portable
34 tanks, as defined in federal regulations 49 CFR part 171. This definition
35 does not include portable tanks having a rated capacity under one thousand
36 (1,000) gallons.
37 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a
38 driver's license to permit the driver to operate a motorcycle or motor-
39 driven cycle.
40 (f) "Endorsement S -- School bus" means this endorsement is required on a
41 class A, B or C license to permit the licensee to operate a school bus in
42 accordance with 49 CFR part 383, to transport preprimary, primary or sec-
43 ondary school students from home to school, from school to home, or to and
44 from school-sponsored events. School bus does not include a bus used as a
45 common carrier.
46 (19) "Driveway" means a private road giving access from a public way to a
47 building on abutting grounds.
48 (20) "Dromedary tractor" means every motor vehicle designed and used pri-
49 marily for drawing a semitrailer and so constructed as to carry manifested
50 cargo in addition to a part of the weight of the semitrailer.
51 SECTION 3. That Section 49-107, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 49-107. DEFINITIONS -- F. (1) "Factory branch" means a branch office
7
1 maintained by a person who manufactures or assembles vehicles for sale to dis-
2 tributors or to dealers, or for directing or supervising, in whole or in part,
3 its representatives.
4 (2) "Factory representative" means any person and each officer and
5 employee engaged as a representative of a manufacturer of vehicles or by a
6 factory branch for the purpose of making or promoting a sale of their vehi-
7 cles, or for supervising or contacting their dealers or prospective dealers.
8 (3) "Farm tractor" means every motor vehicle designed or adapted and used
9 primarily as a farm implement power unit operated with or without other farm
10 implements attached in any manner consistent with the structural design of
11 that power unit.
12 (4) "Farm vehicle." (See "Vehicle,", section 49-123, Idaho Code)
13 (5) "Federal motor vehicle safety standards (FMVSS)" means those safety
14 standards established by the national highway traffic safety administration,
15 49 CFR chapter V, for the safe construction and manufacturing of self-pro-
16 pelled motorized vehicles for operation on public highways. Such vehicles
17 shall be so certified by the manufacturer as originally designed and manufac-
18 tured to meet the federal motor vehicle safety standards or as certified by
19 the national highway traffic safety administration.
20 (6) "Felony" means any offense under state or federal law that is punish-
21 able by death or imprisonment for a term exceeding one (1) year.
22 (67) "Fifth wheel trailer." (See "Trailer,", section 49-121, Idaho Code)
23 (78) "Financial institution" means any bank that is authorized to do
24 business in the state of Idaho and any other financial institution that is
25 registered with the department of finance.
26 (89) "Flammable liquid" means any liquid which has a flash point of sev-
27 enty (70) degrees Fahrenheit, or less, as determined by a tagliabue or equiva-
28 lent closed-cup test device.
29 (910) "Fleet" means one (1) or more apportionable vehicles.
30 (101) "Fleet registration" means an optional form of registration through
31 the department rather than a county assessor for registration of twenty-five
32 (25) or more commercial or farm vehicles or any combination thereof. This reg-
33 istration is not an option for fleets of rental vehicles. Terms and conditions
34 are further specified in section 49-434(5), Idaho Code.
35 (112) "Fold down camping trailer." (See "Trailer,", section 49-121, Idaho
36 Code)
37 (123) "Foreign vehicle." (See "Vehicle,", section 49-123, Idaho Code)
38 (134) "Franchise" means a contract or agreement between a dealer and a
39 manufacturer of new vehicles or its distributor or factory branch by which the
40 dealer is authorized to engage in the business of selling any specified make
41 or makes of new vehicles.
42 (145) "Full-time salesman" means any person employed as a vehicle salesman
43 on behalf of a dealer for thirty (30) or more hours per week, and who sells,
44 purchases, exchanges or negotiates for the sale, purchase or exchange of five
45 (5) or more vehicles during each year in which his license is in effect.
46 SECTION 4. That Section 49-108, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 49-108. DEFINITIONS -- G. (1) "Glider kit vehicle." (See "Vehicle," sec-
49 tion 49-123, Idaho Code)
50 (2) "Good cause" means the failure of a dealer to comply with reasonable
51 performance criteria established by a manufacturer, if the dealer was apprised
52 by the manufacturer, in writing, of that failure; and
53 (a) The notification stated that notice was provided of failure of per-
8
1 formance;
2 (b) The dealer was afforded a reasonable opportunity, for a period of not
3 less than six (6) months, to comply with the criteria; and
4 (c) The dealer did not demonstrate substantial progress toward compliance
5 with the performance criteria of the manufacturer during the period.
6 (23) "Gross combination weight rating (GCWR)" for the purposes of chapter
7 4, title 49, Idaho Code, means the value specified by the manufacturer as the
8 maximum loaded weight of a combination (articulated) vehicle. In the absence
9 of a value specified by the manufacturer, GCWR will be determined by adding
10 the GVWR of the power unit and the total weight of the towed unit and any load
11 thereon or registered weight rating whichever is greater. Towed units shall
12 not include implements of husbandry. For the purposes of chapter 3, title 49,
13 Idaho Code, "gross combined weight rating (GCWR)" is as defined in 49 CFR part
14 383.
15 (34) "Gross vehicle weight rating (GVWR)" for the purposes of chapter 4,
16 title 49, Idaho Code, means the value specified by the manufacturer as the
17 maximum loaded weight of a single vehicle or registered weight rating, which-
18 ever is greater. For the purposes of chapter 3, title 49, Idaho Code, "gross
19 vehicle weight rating (GVWR)" is as defined in 49 CFR part 383.
20 (45) "Gross weight" means the weight of a vehicle without load plus the
21 weight of any load on that vehicle.
22 (56) "Group of vehicles" is one (1) motor vehicle operated under its own
23 motive power with one (1) motor vehicle in tow, or one (1) or more motor vehi-
24 cles in tow in saddlemount fashion, providing that saddlemounting meets the
25 requirements prescribed by the United States department of transportation.
26 SECTION 5. That Section 49-114, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 49-114. DEFINITIONS -- M. (1) "Major component part" means a rear clip,
29 cowl, frame or inner structure forward of the cowl, body, cab, front end
30 assembly, front clip or such other part which is critical to the safety of the
31 vehicle.
32 (2) "Manifest" means a form used for identifying the quantity, composi-
33 tion, origin, routing, waste or material identification code and destination
34 of hazardous material or hazardous waste during any transportation within,
35 through, or to any destination in this state.
36 (3) "Manufactured home." (See section 39-4105, Idaho Code)
37 (4) "Manufacturer" means every person engaged in the business of con-
38 structing or assembling vehicles of a type required to be registered at an
39 established place of business in this state. The term, for purposes of sec-
40 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
41 include a distributor and other factory representatives.
42 (5) "Manufacturer's year designation" means the model year designated by
43 the vehicle manufacturer, and not the year in which the vehicle is, in fact,
44 manufactured.
45 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped
46 for operation, to which shall be added the maximum load to be carried as
47 declared by the owner in making application for registration. When a vehicle
48 against which a registration fee is assessed is a combination of vehicles,
49 the term "maximum gross weight" means the combined maximum gross weights of
50 all vehicles in the combination.
51 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code)
52 (8) "Mileage" means actual distance that a vehicle has traveled.
53 (9) "Moped" means a limited-speed motor-driven cycle having:
9
1 (a) Both motorized and pedal propulsion that is not capable of propelling
2 the vehicle at a speed in excess of thirty (30) miles per hour on level
3 ground, whether two (2) or three (3) wheels are in contact with the ground
4 during operation. If an internal combustion engine is used, the displace-
5 ment shall not exceed fifty (50) cubic centimeters and the moped shall
6 have a power drive system that functions directly or automatically without
7 clutching or shifting by the operator after the drive system is engaged;
8 or
9 (b) Two (2) wheels or three (3) wheels with no pedals, which is powered
10 solely by electrical energy, has an automatic transmission, a motor which
11 produces less than two (2) gross brake horsepower, is capable of propel-
12 ling the device at a maximum speed of not more than thirty (30) miles per
13 hour on level ground and as originally manufactured, meets federal motor
14 vehicle safety standards for motor-driven cycles.
15 A moped is not required to be titled and no motorcycle endorsement is required
16 of its operator.
17 (10) "Motorbike" means a vehicle as defined in section 67-7101, Idaho
18 Code. Such vehicle shall be titled and may be approved for motorcycle regis-
19 tration under section 49-402, Idaho Code, upon certification by the owner of
20 the installation and use of conversion components that make the motorbike com-
21 pliant with federal motor vehicle safety standards.
22 (11) "Motorcycle" means every motor vehicle with motive power having a
23 seat or saddle for the use of the rider and designed to travel on not more
24 than three (3) wheels in contact with the ground, that meets the federal motor
25 vehicle safety standards as originally designed, and includes a converted
26 motorbike but excluding does not include a motor-driven cycle, a motorbike, a
27 tractor and or a moped.
28 (112) "Motor carrier" means an individual, partnership, corporation or
29 other legal entity engaged in the transportation by motor vehicle of persons
30 or property in the furtherance of a business or for hire.
31 (13) "Motor-driven cycle" means a cycle with a motor that produces five
32 (5) brake horsepower or less as originally manufactured that meets federal
33 motor vehicle safety standards as originally designed, and does not include
34 mopeds. Such vehicle shall be titled and a motorcycle endorsement is required
35 for its operation.
36 (124) "Motor home" means a vehicular unit designed to provide temporary
37 living quarters, built into an integral part or permanently attached to a
38 self-propelled motor vehicle chassis. The vehicle must contain permanently
39 installed independent life support systems which meet the American National
40 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
41 vide at least four (4) of the following facilities: cooking, refrigeration or
42 ice box, self-contained toilet, heating and/or air conditioning, a potable
43 water supply system, including a faucet and sink, separate 110-125 volt elec-
44 trical power supply and/or LP-gas supply.
45 (135) "Motorized wheelchair" means a motor vehicle with a speed not in
46 excess of eight (8) miles per hour, designed for and used by a handicapped
47 person.
48 (146) "Motor number." (See "Identifying number," section 49-110, Idaho
49 Code)
50 (157) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
51 (168) "Motor vehicle liability policy" means an owner's or operator's pol-
52 icy of liability insurance, certified as provided in section 49-1210, Idaho
53 Code, as proof of financial responsibility, and issued by an insurance carrier
54 duly authorized to transact business in this state, to or for the benefit of
55 the person named therein as insured.
10
1 (179) "Motor vehicle record" means any record that pertains to a motor
2 vehicle registration, motor vehicle title or identification documents or other
3 similar credentials issued by the department or other state or local agency.
4 (20) "Multipurpose passenger vehicle." (See "Vehicle," section 49-123,
5 Idaho Code)
6 SECTION 6. That Section 49-117, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 49-117. DEFINITIONS -- P. (1) "Park" or "parking" means the standing of a
9 vehicle, whether occupied or not, other than temporarily for the purpose of
10 and while actually engaged in loading or unloading property or passengers.
11 (2) "Park trailer." (See "Trailer," section 49-121, Idaho Code)
12 (3) "Part-time salesman" means any person employed as a vehicle salesman
13 on behalf of a dealer less than thirty (30) hours per week.
14 (4) "Passenger car." (See "Vehicle," section 49-123, Idaho Code)
15 (5) "Peace officer." (See section 19-5101(d), Idaho Code)
16 (56) "Pedestrian" means any person afoot and any person operating a
17 wheelchair or a motorized wheelchair or an electric personal assistive mobil-
18 ity device.
19 (67) "Pedestrian path" means any path, sidewalk or way set-aside and used
20 exclusively by pedestrians.
21 (78) (a) "Person" means every natural person, firm, fiduciary, copartner-
22 ship, association, corporation, trustee, receiver or assignee for the ben-
23 efit of creditors, political subdivision, state or federal governmental
24 department, agency, or instrumentality, and for the purposes of chapter 22
25 of this title shall include a private, common or contract carrier operat-
26 ing a vehicle on any highway of this state.
27 (b) "Person with a disability" means:
28 (i) A person who is unable to walk two hundred (200) feet or more
29 unassisted by another person;
30 (ii) A person who is unable to walk two hundred (200) feet or more
31 without the aid of a walker, cane, crutches, braces, prosthetic
32 device or a wheelchair; or
33 (iii) A person who is unable to walk two hundred (200) feet or more
34 without great difficulty or discomfort due to the following impair-
35 ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
36 order, blindness, or the loss of function or absence of a limb.
37 (iv) For the purposes of chapters 3 and 4 of this title, a person
38 with a permanent disability is one whose physician certifies that the
39 person qualifies as a person with a disability pursuant to this sub-
40 section (78)(b), and further certifies that there is no expectation
41 for a fundamental or marked change in the person's condition at any
42 time in the future.
43 (89) "Personal information" means information that identifies an individ-
44 ual, including an individual's photograph or computerized image, social secu-
45 rity number, driver identification number, name, address, telephone number,
46 and medical or disability information, but does not include information on
47 vehicular accidents, driving or equipment-related violations, the five-digit
48 zip code of the person's address, or status of the driver's license or motor
49 vehicle registration.
50 (910) "Pneumatic tire." (See "Tires," section 49-121, Idaho Code)
51 (101) "Pole trailer." (See "Trailer," section 49-121, Idaho Code)
52 (112) "Possessory lien" means a lien dependent upon possession for compen-
53 sation to which a person is legally entitled for making repairs or performing
11
1 labor upon, and furnishing supplies or materials for, and for the towing,
2 storage, repair, or safekeeping of, any vehicle of a type subject to registra-
3 tion.
4 (123) "Possessory lienholder" means any person claiming a lien, that lien
5 claimed to have accrued on a basis of services rendered to the vehicle which
6 is the subject of the lien.
7 (134) "Preceding year" means, for the purposes of section 49-435, Idaho
8 Code, a period of twelve (12) consecutive months fixed by the department,
9 prior to July 1 of the year immediately preceding the commencement of the reg-
10 istration or license year for which proportional registration is sought. The
11 department in fixing the period shall make it conform to the terms, conditions
12 and requirements of any applicable agreement or arrangement for the propor-
13 tional registration of vehicles.
14 (145) "Pressure regulator valve" means a device or system which governs
15 the load distribution and controls the weight borne by a variable load suspen-
16 sion axle in accordance with a predetermined valve setting.
17 (156) "Principal place of business" means an enclosed commercial structure
18 located within the state, easily accessible and open to the public at all rea-
19 sonable times, with an improved display area large enough to display five (5)
20 or more vehicles of the type the dealer is licensed to sell, immediately
21 adjoining the building, and at which the business of a dealer, including the
22 display and repair of vehicles, may be lawfully carried on in accordance with
23 the terms of all applicable building codes, zoning and other land-use regula-
24 tory ordinances, and in which building the public shall be able to contact the
25 dealer or his salesmen in person or by telephone at all reasonable times, and
26 at which place of business shall be kept and maintained the books, records and
27 files necessary to conduct the business. The principal place of business shall
28 display an exterior sign permanently affixed to the land or building, with
29 letters clearly visible to the major avenue of traffic. In no event shall a
30 room or rooms in a hotel, rooming house, or apartment house building or a part
31 of any single or multiple unit dwelling house be considered a "principal place
32 of business" within the terms and provisions of this title unless the entire
33 ground floor of that hotel, apartment house, or rooming house building or
34 dwelling house be devoted principally to and occupied for commercial purposes,
35 and the office or offices of the dealer be located on the ground floor.
36 (167) "Private property open to the public" means real property not owned
37 by the federal government or the state of Idaho or any of its political subdi-
38 visions, but is available for vehicular traffic or parking by the general pub-
39 lic with the permission of the owner or agent of the real property.
40 (178) "Private road" means every way or place in private ownership and
41 used for vehicular travel by the owner and those having express or implied
42 permission from the owner, but not by other persons.
43 (189) "Proof of financial responsibility" means proof of ability to
44 respond in damages for liability, on account of accidents occurring subsequent
45 to the effective date of the proof, arising out of the ownership, maintenance
46 or use of a motor vehicle, in the amount of twenty-five thousand dollars
47 ($25,000) because of bodily injury to or death of one (1) person in any one
48 (1) accident, and, subject to the limit for one (1) person, in the amount of
49 fifty thousand dollars ($50,000) because of bodily injury to or death of two
50 (2) or more persons in any one (1) accident, and in the amount of fifteen
51 thousand dollars ($15,000) because of injury to or destruction of property of
52 others in any one (1) accident.
53 (1920) "Proper authority" means a public highway agency.
54 (201) "Public highway agency" means the state transportation department,
55 any city, county, highway district or any other state agency which has juris-
12
1 diction over public highway systems and public rights-of-way.
2 (212) "Public right-of-way" means a right-of-way open to the public and
3 under the jurisdiction of a public highway agency, where the public highway
4 agency has no obligation to construct or maintain said right-of-way for vehic-
5 ular traffic.
6 (223) "Public road jurisdiction" means a public highway agency.
7 (234) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho
8 Code)
9 SECTION 7. That Section 49-119, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-119. DEFINITIONS -- R. (1) "Racing" means the use of one (1) or more
12 vehicles in an attempt to outgain, outdistance, or prevent another vehicle
13 from passing, to arrive at a given destination ahead of another vehicle, or to
14 test the physical stamina or endurance of drivers over long-distance driving
15 routes.
16 (2) "Radio operator, amateur" means any person licensed by the Federal
17 Communications Commission to engage in private and experimental two-way radio
18 operation and holding a conditional class license or higher.
19 (3) "Railroad" means a carrier of persons or property upon cars operated
20 upon stationary rails.
21 (4) "Railroad train" means a steam engine, electric or other motor, with
22 or without cars coupled thereto, operated upon rails.
23 (5) "Railroad sign" or "signal" means any sign, signal or device erected
24 by authority of a public body or official or by a railroad and intended to
25 give notice of the presence of railroad tracks or the approach of a railroad
26 train.
27 (6) "Reconstructed or repaired vehicle." (See "Vehicle," section 49-123,
28 Idaho Code)
29 (7) "Recreational vehicle" means a motor home, travel trailer, truck cam-
30 per or camping trailer, with or without motive power, designed for human habi-
31 tation for recreational or emergency occupancy. It does not include pick-up
32 hoods, shells, or canopies designed, created or modified for occupational
33 usage. School buses or van type vehicles which are converted to recreational
34 use, are defined as recreational vehicles.
35 (78) "Registered maximum gross weight" means the maximum gross weight
36 established on the registration document as declared by the owner at the time
37 of registration or renewal of registration.
38 (89) "Registered owner" means any person required to register a vehicle,
39 whether or not a lienholder appears on the title in the records of the depart-
40 ment.
41 (910) "Registration" means the registration certificate or certificates
42 and license plate or plates issued under the laws of this state pertaining to
43 the registration of vehicles.
44 (101) "Rental utility trailer" means a utility trailer offered for hire to
45 the general public for private or commercial use.
46 (12) "Replica vehicle." (See "Vehicle," section 49-123, Idaho Code)
47 (113) "Rescission of sale." (See section 28-2-608, Idaho Code)
48 (124) "Resident" means for purposes of vehicle registration, titling, a
49 driver's license or an identification card, a person whose domicile has been
50 within Idaho continuously for a period of at least ninety (90) days, excluding
51 a full-time student who is a resident of another state. A person, including a
52 full-time student who has established a domicile in Idaho may declare resi-
53 dency earlier than ninety (90) days for vehicle registration, titling, dri-
13
1 ver's license and identification card purposes. Establishment of residency
2 shall include a spouse and dependent children who reside with that person in
3 the domicile. A domicile shall not be a person's workplace, vacation or part-
4 time residence.
5 (135) "Residential district." (See "District," section 49-105, Idaho Code)
6 (146) "Residential neighborhood" for purposes of this chapter, is an area
7 abutting a highway which is used primarily for nontransient human habitation,
8 parks and churches.
9 (157) "Revocation of driver's license" means the termination by formal
10 action of the department or as otherwise provided in this title of a person's
11 driver's license or privilege to operate a motor vehicle on the highways,
12 which terminated driver's license or privilege shall not be subject to renewal
13 or restoration except that an application for a new driver's license may be
14 presented and acted upon by the department after the expiration of the appli-
15 cable period of time prescribed in this title.
16 (168) "Revocation of vehicle registration" means the termination by formal
17 action of the department or as otherwise provided in this title of a person's
18 vehicle registration or, in the case of fleets of vehicles, all vehicle regis-
19 trations in each fleet operated by a company. Upon revocation, the privileges
20 of operating the vehicles on Idaho highways is terminated until the difficulty
21 that caused the revocation is corrected and an application for new registra-
22 tion is presented and acted upon.
23 (179) "Ridesharing arrangement" means the nonprofit transportation in a
24 passenger motor vehicle with a seating capacity not exceeding fifteen (15)
25 people including the driver, which is not otherwise used for commercial pur-
26 poses or as a public conveyance, whereby a fixed group, not exceeding fifteen
27 (15) people including passengers and driver, is transported between their res-
28 idences or nearby termini, and their places of employment or educational or
29 other institutions or termini near those places, in a single daily round trip
30 where the driver is also on the way to or from his place of employment or edu-
31 cation or other institution.
32 (1820) "Right-of-way" means the right of one (1) vehicle or pedestrian to
33 proceed in a lawful manner in preference to another vehicle or pedestrian
34 approaching under circumstances of direction, speed and proximity as to give
35 rise to danger of collision unless one grants precedence to the other. The
36 term shall not be interpreted to mean that a highway user is relieved from the
37 duty to exercise reasonable care at all times and from doing everything to
38 prevent an accident. Failure to yield right-of-way shall not be construed as
39 negligence per se or as prima facie evidence of negligence.
40 (219) "Roadway" means that portion of a highway improved, designed or
41 ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms
42 and rights-of-way.
43 SECTION 8. That Section 49-120, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 49-120. DEFINITIONS -- S. (1) "Saddlemount combination" means a combina-
46 tion of vehicles in which a truck or truck tractor tows one (1), two (2) or
47 three (3) trucks or truck tractors, each connected by a saddle to the frame or
48 fifth wheel of the vehicle in front of it. The saddle is a mechanism that
49 connects the front axle of the towed vehicle to the frame or fifth wheel of
50 the vehicle in front and functions like a fifth wheel kingpin connection. A
51 smaller vehicle mounted completely on the frame of either the first or last
52 vehicle may be used in a saddlemount combination.
53 (2) "Safety glazing materials" means glazing materials so constructed,
14
1 treated or combined with other materials as to reduce substantially, in com-
2 parison with ordinary sheet glass or plate glass, the likelihood of injury to
3 persons by objects from exterior sources or by these safety glazing materials
4 when they may be cracked or broken.
5 (3) "Safety zone" means the area or space officially set apart within a
6 highway for the exclusive use of pedestrians and which is protected or is so
7 marked or indicated by adequate signs as to be plainly visible at all times
8 while set apart as a safety zone.
9 (4) "Salvage pool" means a licensed vehicle dealer engaged primarily in
10 the business of disposing of salvage vehicles, recovered stolen vehicles, or
11 both.
12 (5) "Salvage vehicle." (See "Vehicle," section 49-123, Idaho Code)
13 (6) "School bus" means every motor vehicle that complies with the color
14 and identification requirements set forth in the most recent edition of
15 "Minimum Standards for School Buses" and is used to transport children to or
16 from school or in connection with school approved activities and includes
17 buses operated by contract carriers.
18 (67) "Secretary" means the secretary of transportation of the United
19 States.
20 (78) "Security agreement." (See section 28-9-102, Idaho Code)
21 (89) "Security interest." (See section 28-1-201, Idaho Code)
22 (910) "Sell," "sold," "buy," and "purchase," mean and include, as used in
23 sections 49-2401 through 49-2406, Idaho Code, exchange, barter, gift, and
24 offer or contract to sell or buy.
25 (101) "Semitrailer." (See "Trailer," section 49-121, Idaho Code)
26 (112) "Serious traffic violation" means conviction of an offense specified
27 in 49 CFR part 383 and including any subsequent amendments thereto, while
28 operating a commercial motor vehicle, and shall include driving a commercial
29 motor vehicle:
30 (a) Without obtaining a commercial driver's license; or
31 (b) Without having a commercial driver's license in the driver's posses-
32 sion; or
33 (c) Without the proper license class of commercial driver's license or
34 endorsements for the specific vehicle group being operated or for the pas-
35 sengers or type of cargo being transported.
36 (123) "Sidewalk" means that portion of a street between the curb lines, or
37 the lateral lines of a roadway, and the adjacent property lines intended for
38 use by pedestrians.
39 (134) "Signal." (See "Railroad sign," section 49-119, Idaho Code)
40 (145) "Skills test" means an actual demonstration of ability to exercise
41 ordinary and reasonable control in the operation of a motor vehicle.
42 (156) "Slow moving vehicle" means any vehicle not normally operated upon
43 the highways.
44 (167) "Snow tire." (See "Tires," section 49-121, Idaho Code)
45 (178) "Sold." (See "Sell," "buy," and "purchase," this section)
46 (189) "Solid rubber tire." (See "Tires," section 49-121, Idaho Code)
47 (1920) "Special license plate" means a license plate that is made avail-
48 able to the public as a personal alternative to the standard issue license
49 plate. No special program fee shall be charged for the registration or plates
50 issued under sections 49-403, 49-403A, 49-404, 49-405, 49-410, 49-415, 49-415A
51 and 49-415B, Idaho Code.
52 (201) "Special mobile equipment" means every vehicle not designed or used
53 primarily for the transportation of persons or property and only incidentally
54 operated or moved over a highway, including: ditch-digging apparatus, well-
55 boring apparatus and road construction and maintenance machinery such as
15
1 asphalt spreaders, bituminous mixers, bucket loaders, tractors other than
2 truck tractors, ditchers, leveling graders, finishing machines, motor graders,
3 road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels
4 and drag lines, and self-propelled cranes, and earth moving equipment. The
5 term does not include travel trailers, dump trucks, truck mounted transit
6 mixers, cranes or shovels, or other vehicles designed for the transportation
7 of persons or property to which machinery has been attached.
8 (212) "Specially constructed vehicle." (See "Vehicle," section 49-123,
9 Idaho Code)
10 (223) "Stand" or "standing" means the halting of a vehicle, whether occu-
11 pied or not, otherwise than temporarily for the purpose of and while actually
12 engaged in receiving or discharging passengers.
13 (234) "State" means a state, territory or possession of the United States,
14 the District of Columbia, the Commonwealth of Puerto Rico or a province of
15 Canada.
16 (245) "Stop" means the act of or complete cessation from movement.
17 (256) "Stopping" means the act of any halting even momentarily of a vehi-
18 cle.
19 (267) "Street." (See "Highways," section 49-109, Idaho Code)
20 (278) "Street rod" means any pre-1949 vehicle which has had a significant
21 drive train update from a more modern vehicle. Changes may include engine,
22 transmission, rear axle, and other suspension components. The body will be,
23 or resemble the same as the manufacturer's original issue after its first sale
24 after manufacture.
25 (289) "Studded tire." (See "Tires," section 49-121, Idaho Code)
26 (2930) "Substandard width lane" means a lane that is too narrow for a
27 bicycle and a motor vehicle to travel safely side by side within the lane.
28 (301) "Supplemental lot" means a physically separate location owned and
29 maintained by a licensed dealer or manufacturer within the same or adjacent
30 county as the principal place of business which meets all the requirements for
31 a principal place of business.
32 (312) "Suspension of driver's license" means the temporary withdrawal by
33 formal action of the department or as otherwise provided in this title of a
34 person's driver's license or privilege to operate a motor vehicle on the pub-
35 lic highways, which temporary withdrawal shall be for a period specifically
36 designated by the department.
37 (323) "Suspension of vehicle registration" means the temporary withdrawal
38 by formal action of the department or as otherwise provided in this title of a
39 person's vehicle registration or, in the case of fleets of vehicles, all vehi-
40 cle registrations in each fleet operated by a company. Upon suspension, the
41 privileges of operating the vehicle or vehicles on Idaho highways is termi-
42 nated until the difficulty that caused the suspension is corrected and notifi-
43 cation is provided that the suspension has been lifted.
44 SECTION 9. That Section 49-121, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 49-121. DEFINITIONS -- T. (1) "Temporary supplemental lot" means a loca-
47 tion other than the principal place of business, or supplemental lot within
48 the same or adjacent county as the principal place of business, where a
49 licensed dealer may secure a license to conduct the business and is licensed
50 for a period of time not to exceed ten (10) days for a specific purpose such
51 as auto shows, auctions, shopping center promotions, tent sales, etc. Tempo-
52 rary supplemental lots shall meet all local zoning and building codes for the
53 type of business being conducted. The requirements for a principal place of
16
1 business shall not be applicable to temporary supplemental lot locations. The
2 adjacent county restriction shall not apply if the dealer holds the franchise
3 for the products to be displayed or sold and has approval from a manufacturer
4 for the location where the proposed temporary supplemental lot license will be
5 issued by the department. Nonfranchised dealers shall be permitted to tempo-
6 rarily display or sell their products within a one hundred seventy-five (175)
7 mile radius of their principal place of business, upon approval by the depart-
8 ment.
9 (2) "Tires" means:
10 (a) Metal. Every tire the surface of which in contact with the highway is
11 wholly or partly of metal or other hard, nonresilient material.
12 (b) Pneumatic. Every tire in which compressed air is designed to support
13 the load.
14 (c) Snow tire. Every rubber tire with tread design or material embedded
15 in the tire to improve winter traction except studded tires.
16 (d) Solid rubber. Every tire of rubber or other resilient material which
17 does not depend upon compressed air for the support of the load.
18 (e) Studded tire. Every tire with built-in lugs of tungsten carbide or
19 other suitable material designed to contact the road surface for improved
20 winter traction.
21 (3) "Total loss vehicle." (See "Vehicle," section 49-123, Idaho Code)
22 (4) "Traffic" means pedestrians, ridden or herded animals, vehicles,
23 streetcars and other conveyances either singly or together while using any
24 highway for purposes of travel.
25 (45) "Traffic lane" or "lane of travel" means that portion of the roadway
26 for movement of a single line of vehicles.
27 (56) "Traffic-control device" means any device, whether manually, elec-
28 trically or mechanically operated, placed or erected by authority of a public
29 body or official having jurisdiction, for the purpose of regulating, warning
30 or guiding traffic.
31 (67) "Trailer" means:
32 (a) General. Every vehicle without motive power designed for carrying
33 persons or property and for being drawn by a motor vehicle.
34 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as
35 a travel trailer but constructed with a raised forward section that allows
36 a bi-level floor plan. This style is designed to be towed by a vehicle
37 equipped with a device known as a fifth-wheel hitch, which is typically
38 installed in the bed of a pickup truck.
39 (c) Fold down camping trailer. A vehicular portable unit mounted on
40 wheels and constructed with collapsible partial side walls, which fold for
41 towing by another vehicle and unfold at the campsite to provide temporary
42 living quarters, for recreational, camping or travel use.
43 (d) Park trailer. A trailer designed to be towed by a motorized vehicle,
44 and of such size and weight as not to require a special highway movement
45 permit. It is designed for seasonal or temporary living quarters and may
46 be connected to utilities necessary for operation of installed fixtures
47 and appliances. It is built on a single permanent chassis and constructed
48 to permit set up by persons without special skills.
49 (e) Pole trailer. Every vehicle without motive power designed to be drawn
50 by another vehicle and attached to the towing vehicle by means of a reach
51 or pole or by being boomed or otherwise secured to the towing vehicle, and
52 ordinarily used for transporting long or irregularly shaped loads such as
53 poles, pipes, or structural members capable, generally, of sustaining
54 themselves as beams between the supporting connections.
55 (f) Semitrailer. Every vehicle without motive power, designed for carry-
17
1 ing persons or property and for being drawn by a motor vehicle and so con-
2 structed that some part of its weight and that of its load rests upon or
3 is carried by the towing vehicle.
4 (g) Travel trailer. A vehicular unit, mounted on wheels designed to pro-
5 vide temporary living quarters for recreational, camping, travel or emer-
6 gency use and of such size or weight as not to require special highway
7 movement permits when towed by a motorized vehicle.
8 (h) Utility trailer. (See "Utility Ttrailer," section 49-122, Idaho Code)
9 (78) "Transitional ownership document" means a document used to perfect a
10 lien against creditors or subsequent purchasers when the primary ownership
11 document is not available and the selling dealer, new security interest holder
12 or their agent, to the best of their knowledge, will not have possession of
13 the primary ownership document, within twenty (20) days, and contains all of
14 the following:
15 (a) The date of sale or if no sale is involved, the date the contract or
16 security agreement being perfected was signed;
17 (b) The name and address of each owner of the vehicle;
18 (c) The name and address of each security interest holder;
19 (d) If there are multiple security interest holders, the priorities of
20 interest if the security interest holders do not jointly hold a single
21 security interest;
22 (e) The vehicle identification number;
23 (f) The name of the security interest holder or person who submits the
24 transitional ownership document for the security interest holder; and
25 (g) Any other information the department may require for its records.
26 (89) "Transportation," for the purposes of chapter 22, title 49, Idaho
27 Code, means the movement of any regulated quantity of hazardous material or
28 hazardous waste within, through, or to any destination in this state upon the
29 highways of this state.
30 (910) "Transporter" means every person engaged in the business of deliver-
31 ing vehicles of a type required to be registered from a manufacturing, assem-
32 bling or distributing plant to dealers or sales agents of a manufacturer,
33 except in chapter 22, title 49, Idaho Code, where it means any person who
34 transports a hazardous material or hazardous waste within, through, or to any
35 destination upon the highways of this state.
36 (101) "Truck" means:
37 (a) Refuse/sanitation. Any vehicle designed and used solely for the pur-
38 pose of transporting refuse.
39 (b) General. Every motor vehicle exceeding eight thousand (8,000) pounds
40 gross weight designed, used or maintained primarily for the transportation
41 of property.
42 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross
43 weight or less which is designed, used or maintained primarily for the
44 transportation of property.
45 (d) Truck camper. A portable unit constructed to provide temporary living
46 quarters for recreational, travel or camping use, consisting of a roof,
47 floor, and sides, designed to be loaded onto and unloaded from the bed of
48 a pickup truck.
49 (e) Truck tractor. Every motor vehicle designed and used primarily for
50 drawing other vehicles but not so constructed as to carry a load other
51 than a part of the weight of the vehicle and load so drawn.
52 (112) "True mileage driven" means the mileage of the vehicle as registered
53 by the odometer within the manufacturer's designed tolerance.
54 SECTION 10. That Section 49-123, Idaho Code, be, and the same is hereby
18
1 amended to read as follows:
2 49-123. DEFINITIONS -- V. (1) "Variable load suspension axle" means an
3 axle or axles designed to support a part of the vehicle and load and which can
4 be regulated to vary the amount of load supported by such an axle or axles and
5 which can be deployed or lifted by the operator of the vehicle. See also sec-
6 tion 49-117, Idaho Code.
7 (a) "Fully raised" means that the variable load suspension axle is in an
8 elevated position preventing the tires on such axle from having any con-
9 tact with the roadway.
10 (b) "Fully deployed" means that the variable load suspension axle is sup-
11 porting a portion of the weight of the loaded vehicle as controlled by the
12 preset pressure regulator valve.
13 (2) "Vehicle" means:
14 (a) General. Every device in, upon, or by which any person or property is
15 or may be transported or drawn upon a highway, excepting devices used
16 exclusively upon stationary rails or tracks.
17 (b) Authorized emergency vehicle. Vehicles operated by any fire depart-
18 ment or law enforcement agency of the state of Idaho or any political sub-
19 division of the state, ambulances, vehicles belonging to personnel of vol-
20 untary fire departments while in performance of official duties only,
21 vehicles belonging to, or operated by EMS personnel certified or otherwise
22 recognized by the EMS bureau of the Idaho department of health and welfare
23 while in the performance of emergency medical services, sheriff's search
24 and rescue vehicles which are under the immediate supervision of the
25 county sheriff, wreckers which are engaged in motor vehicle recovery oper-
26 ations and are blocking part or all of one (1) or more lanes of traffic,
27 other emergency vehicles designated by the director of the Idaho state
28 police or vehicles authorized by the Idaho transportation board and used
29 in the enforcement of laws specified in section 40-510, Idaho Code, per-
30 taining to vehicles of ten thousand (10,000) pounds or greater.
31 (c) Commercial vehicle or commercial motor vehicle. For the purposes of
32 chapter 3 of this title, (driver's licenses), a motor vehicle or combina-
33 tion of motor vehicles designed or used to transport passengers or prop-
34 erty if the motor vehicle:
35 1. Has a manufacturer's gross combination weight rating (GCWR) in
36 excess of twenty-six thousand (26,000) pounds inclusive of a towed
37 unit with a manufacturer's gross vehicle weight rating (GVWR) of more
38 than ten thousand (10,000) pounds; or
39 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess
40 of twenty-six thousand (26,000) pounds; or
41 3. Is designed to transport sixteen (16) or more people, including
42 the driver; or
43 4. Is of any size and is used in the transportation of materials
44 found to be hazardous for the purposes of the hazardous material
45 transportation act and which require the motor vehicle to be
46 placarded under the hazardous materials regulations (49 CFR part 172,
47 subpart F).
48 For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis-
49 tration), a vehicle or combination of vehicles of a type used or main-
50 tained for the transportation of persons for hire, compensation or profit,
51 or the transportation of property for the owner of the vehicle, or for
52 hire, compensation, or profit, and shall include fixed load specially con-
53 structed vehicles exceeding the limits imposed by chapter 10, title 49,
54 Idaho Code, and including drilling rigs, construction, drilling and wreck-
19
1 er cranes, log jammers, log loaders, and similar vehicles which are nor-
2 mally operated in an overweight or oversize condition or both, but shall
3 not include those vehicles registered pursuant to sections 49-402 and
4 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor
5 vehicle used in a ridesharing arrangement that has a seating capacity for
6 not more than fifteen (15) persons, including the driver, shall not be a
7 "commercial vehicle" under the provisions of this title relating to equip-
8 ment requirements, rules of the road, or registration.
9 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer
10 or rancher, which are operated over public highways, and used exclusively
11 to transport unprocessed agricultural, dairy or livestock products raised,
12 owned and grown by the owner of the vehicle to market or place of storage;
13 and shall include the transportation by the farmer or rancher of any
14 equipment, supplies or products purchased by that farmer or rancher for
15 his own use, and used in the farming or ranching operation or used by a
16 farmer partly in transporting agricultural products or livestock from the
17 farm of another farmer that were originally grown or raised on the farm,
18 or when used partly in transporting agricultural supplies, equipment,
19 materials or livestock to the farm of another farmer for use or consump-
20 tion on the farm but not transported for hire, and shall not include vehi-
21 cles of husbandry or vehicles registered pursuant to sections 49-402 and
22 49-402A, Idaho Code.
23 (e) Foreign vehicle. Every vehicle of a type required to be registered
24 under the provisions of this title brought into this state from another
25 state, territory or country other than in the ordinary course of business
26 by or through a manufacturer or dealer and not registered in this state.
27 (f) Glider kit vehicle. Every large truck manufactured from a kit manu-
28 factured by a manufacturer of large trucks which consists of a frame, cab
29 complete with wiring, instruments, fenders and hood and front axles and
30 wheels. The "glider kit" is made into a complete assembly by the addition
31 of the engine, transmission, rear axles, wheels and tires.
32 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi-
33 cle which is propelled by electric power obtained from overhead trolley
34 wires but not operated upon rails, except meets federal motor vehicle
35 safety standards as defined in section 49-107, Idaho Code. For purposes of
36 chapters 3, 12 and 24 of this title 49, motor vehicle shall include all-
37 terrain vehicles, utility type vehicles, motor-driven cycles, motorbikes
38 and mopeds. Motor vehicle does not include vehicles moved solely by human
39 power, electric personal assistive mobility devices and motorized
40 wheelchairs or other such vehicles that are specifically exempt from
41 titling or registration requirements under title 49, Idaho Code.
42 (h) Multipurpose passenger vehicle (MPV). For the purposes of section
43 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer
44 persons which is constructed either on a truck chassis or with special
45 features for occasional off-road operation.
46 (i) Neighborhood electric vehicle (NEV). A self-propelled, electrically-
47 powered, four-wheeled motor vehicle which is emission free and conforms to
48 the definition and requirements for low-speed vehicles as adopted in the
49 federal motor vehicle safety standards for low-speed vehicles under fed-
50 eral regulations at 49 CFR part 571. An NEV shall be titled, registered
51 and insured according to law as provided respectively in chapters 4, 5 and
52 12, title 49, Idaho Code, and shall only be operated by a licensed driver.
53 Operation of an NEV on a highway shall be allowed as provided in section
54 49-663, Idaho Code.
55 (j) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho
20
1 Code, (motor vehicle registration), a noncommercial vehicle shall not
2 include those vehicles required to be registered under sections 49-402 and
3 49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
4 cles which are not commercial vehicles or farm vehicles, but shall include
5 motor homes. A noncommercial vehicle shall include those vehicles having a
6 combined gross weight not in excess of sixty thousand (60,000) pounds and
7 not held out for hire, used for purposes related to private use and not
8 used in the furtherance of a business or occupation for compensation or
9 profit or for transporting goods for other than the owner.
10 (k) Passenger car. For the purposes of section 49-966, Idaho Code, a
11 motor vehicle, except a multipurpose passenger vehicle, motorcycle or
12 trailer, designed to carry ten (10) or fewer persons.
13 (l) Reconstructed or repaired vehicle. Every vehicle that has been
14 rebuilt or repaired using like make and model parts and visually appears
15 as a vehicle that was originally constructed under a distinctive manufac-
16 turer. This includes a salvage vehicle which is damaged to the extent that
17 a "reconstructed vehicle" or "repaired vehicle" brand is required, and
18 other vehicles which have been reconstructed by the use of a kit designed
19 to be used to construct an exact replica of a vehicle which was previously
20 constructed under a distinctive name, make, model or type by a generally
21 recognized manufacturer of vehicles. A glider kit vehicle is not a recon-
22 structed vehicle.
23 (m) "Replica vehicle" means a vehicle made to replicate any passenger car
24 or truck previously manufactured, using metal, fiberglass or other compos-
25 ite materials. Replica vehicles must look like the original vehicle being
26 replicated but may use a more modern drive train. At a minimum, replica
27 vehicles shall meet the same federal safety and emission standards in
28 effect for the year and type of vehicle being replicated.
29 (n) Salvage vehicle. Any vehicle for which a salvage certificate, salvage
30 bill of sale or other documentation showing evidence that the vehicle has
31 been declared salvage or which has been damaged to the extent that the
32 owner, or an insurer, or other person acting on behalf of the owner,
33 determines that the cost of parts and labor minus the salvage value makes
34 it uneconomical to repair or rebuild. When an insurance company has paid
35 money or has made other monetary settlement as compensation for a total
36 loss of any motor vehicle, such motor vehicle shall be considered to be a
37 salvage vehicle.
38 (no) Specially constructed vehicle. Every vehicle of a type required to
39 be registered not originally constructed under a distinctive name, make,
40 model or type by a generally recognized manufacturer of vehicles and not
41 materially altered from its original construction and cannot be visually
42 identified as a vehicle produced by a particular manufacturer. This
43 includes:
44 1. A vehicle that has been structurally modified so that it does not
45 have the same appearance as a similar vehicle from the same manufac-
46 turer; or
47 2. A vehicle that has been constructed entirely from homemade parts
48 and materials not obtained from other vehicles; or
49 3. A vehicle that has been constructed by using major component
50 parts from one (1) or more manufactured vehicles and cannot be iden-
51 tified as a specific make or model; or
52 4. A vehicle constructed by the use of a custom kit that cannot be
53 visually identified as a specific make or model.
54 All specially constructed vehicles of a type required to be registered,
55 shall be certified by the owner to meet the federal motor vehicle safety
21
1 standards and all requirements of chapter 9 of this title 49, Idaho Code.
2 (op) Total loss vehicle. Every vehicle that is deemed to be uneconomical
3 to repair due to scrapping, dismantling or destruction. A total loss shall
4 occur when an insurance company or any other person pays or makes other
5 monetary settlement to the owner when it is deemed to be uneconomical to
6 repair the damaged vehicle. The compensation for total loss as defined
7 herein shall not include payments by an insurer or other person for medi-
8 cal care, bodily injury, vehicle rental or for anything other than the
9 amount paid for the actual damage to the vehicle.
10 (3) "Vehicle identification number." (See "Identifying number," section
11 49-110, Idaho Code)
12 (4) "Vehicle salesman" means any person who, for a salary, commission or
13 compensation of any kind, is employed either directly or indirectly, or regu-
14 larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
15 tiate for the sale, purchase or exchange of vehicles. (See also "full-time
16 salesman," section 49-107, Idaho Code, and "part-time salesman," section
17 49-117, Idaho Code)
18 (5) "Vessel." (See section 67-7003, Idaho Code)
19 (6) "Veteran." (See section 65-502, Idaho Code)
20 (7) "Violation" means a conviction of a misdemeanor charge involving a
21 moving traffic violation, or an admission or judicial determination of the
22 commission of an infraction involving a moving traffic infraction, except
23 bicycle infractions.
24 SECTION 11. That Section 49-201, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 49-201. DUTIES OF BOARD. (1) With the exception of requirements for sec-
27 tions 49-217 and 49-218 and chapters 6 and 9, title 49, Idaho Code, which
28 shall be the responsibility of the director of the Idaho state police, and
29 section 49-447, Idaho Code, which shall be the responsibility of the director
30 of the department of parks and recreation, the board shall adopt and enforce
31 administrative rules and may designate agencies or enter into agreements with
32 private companies or public entities as may be necessary to carry out the pro-
33 visions of this title. It shall also provide suitable forms for applications,
34 registration cards, vehicle licenses, and all other forms requisite for the
35 purpose of the provisions of this title, and shall prepay all transportation
36 charges.
37 (2) The board may enter into agreements, compacts or arrangements with
38 other jurisdictions on behalf of Idaho for the purpose of conforming proce-
39 dures for proportional registration of commercial vehicles and other types of
40 reciprocal agreements. Copies of agreements, compacts or arrangements shall be
41 placed on file in the department and the board shall, as to all filings and
42 adoption, conform with the provisions of chapter 52, title 67, Idaho Code. The
43 board may approve, on a case by case basis, exemption from operating fees for
44 private nonprofit entities who are bringing public interest programs into the
45 state. These entities may not be in competition with companies who transport
46 goods and services for hire.
47 (3) The board shall adopt a manual and specifications for a uniform sys-
48 tem of traffic-control devices consistent with the provisions of this title
49 for use upon highways within the state. The uniform system shall correlate
50 with, and so far as possible, conform to the system set forth in the most
51 recent edition of the manual on uniform traffic control devices for streets
52 and highways and other standards issued or endorsed by the federal highway
53 administrator.
22
1 (4) Whenever the board shall determine upon the basis of an engineering
2 and traffic investigation that any maximum speed is greater or less than is
3 reasonable or safe under the conditions found to exist at any intersection or
4 other place or upon any part of the state highway or interstate highway sys-
5 tem, the board may determine and declare a reasonable and safe maximum limit,
6 thereat, not exceeding a maximum limit of seventy-five (75) miles per hour on
7 interstate highways and sixty-five (65) miles per hour on state highways,
8 which shall be effective when appropriate signs giving notice are erected. The
9 speed limit may be declared to be effective at all times or at the times as
10 indicated upon the signs. Differing limits may be established for different
11 times of day, different types of vehicles, varying weather conditions, and
12 other factors bearing on safe speeds, which shall be effective when posted
13 upon appropriate fixed or variable signs. The authority of the board to estab-
14 lish speed limits on state highways pursuant to this section does not restrict
15 the authority of the duly elected officials of an incorporated city acting in
16 the capacity of a local authority to establish lower speed limits for portions
17 of state highways, excluding controlled access and interstate highways, that
18 pass through residential, urban or business districts within the jurisdiction
19 of the incorporated city, for the purpose of enhancing motorist and pedestrian
20 safety.
21 (5) The board shall adopt and enforce rules as may be consistent with and
22 necessary to determine the classification of and the basis on which fees shall
23 be computed.
24 (6) The board may designate sections of state highways over which all-
25 terrain vehicles and other vehicles registered under section 49-402(4) or sec-
26 tion 67-7122, Idaho Code, may cross. The requirements of title 18 and chapters
27 6, 8, 12, 13 and 14 of title 49, Idaho Code, shall apply to such vehicles
28 operated on state highways designated under this subsection (6). Costs related
29 to the posting of signs on such highways, which indicate the authorized use,
30 shall be eligible for reimbursement through the motorbike recreation account
31 created in section 67-7126, Idaho Code.
32 SECTION 12. That Section 49-208, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 49-208. POWERS OF LOCAL AUTHORITIES. (1) The provisions of this title
35 shall not be deemed to prevent local authorities with respect to highways
36 under their jurisdiction and within the reasonable exercise of the police
37 power from:
38 (a) Regulating or prohibiting stopping, standing or parking;
39 (b) Regulating traffic by means of peace officers or traffic-control
40 devices;
41 (c) Regulating or prohibiting processions or assemblages on the highways;
42 (d) Designating particular highways for use by traffic moving in one
43 direction;
44 (e) Establishing speed limits for vehicles in public parks;
45 (f) Designating any highway as a through highway or designating any
46 intersection or junction of highways as a stop or yield intersection or
47 junction;
48 (g) Restricting the use of highways as authorized in chapter 10, title
49 49, Idaho Code;
50 (h) Regulating or prohibiting the turning of vehicles or specified types
51 of vehicles;
52 (i) Altering or establishing speed limits;
53 (j) Designating no-passing zones;
23
1 (k) Prohibiting or regulating the use of controlled-access highways by
2 any class or kind of traffic;
3 (l) Prohibiting or regulating the use of heavily traveled highways by any
4 class or kind of traffic found to be incompatible with the normal and safe
5 movement of traffic;
6 (m) Establishing minimum speed limits;
7 (n) Prohibiting pedestrians from crossing a highway in a business dis-
8 trict or any designated highway except in a crosswalk;
9 (o) Restricting pedestrian crossings at unmarked crosswalks;
10 (p) Establishing the maximum speed of vehicles on a bridge or other ele-
11 vated structure;
12 (q) Requiring written accident reports;
13 (r) Regulating persons propelling pushcarts;
14 (s) Regulating persons upon skates, coasters, sleds and other toy vehi-
15 cles;
16 (t) Adopting and enforcing temporary or experimental regulations as may
17 be necessary to cover emergencies or special conditions.;
18 (u) Prohibiting drivers of ambulances from exceeding maximum speed lim-
19 its;
20 (v) Adopting such other traffic regulations as are specifically autho-
21 rized by this title;
22 (w) Allowing the duly elected officials of an incorporated city acting in
23 the capacity as a local authority to establish maximum speed limits on
24 portions of state highways, excluding controlled access and interstate
25 highways, in residential, urban or business districts within the jurisdic-
26 tion of the incorporated city, so long as the maximum speed limit estab-
27 lished by the incorporated city is lower than the maximum speed limit
28 established by the department and is intended to promote motorist and
29 pedestrian safety.
30 (2) No ordinance or regulation enacted under paragraphs (d) through (p)
31 of subsection (1) of this section shall be effective until traffic-control
32 devices giving notice of local traffic regulations are erected upon or at the
33 entrances to the highway or part affected as may be most appropriate.
34 (3) No local authority shall erect or maintain any traffic-control device
35 at any location so as to require traffic on any state highway to stop before
36 entering or crossing any intersecting highway unless approval in writing has
37 first been obtained from the department.
38 (4) Local authorities by ordinance may adopt by reference all or any part
39 of title 49, Idaho Code, without publishing or posting in full the provisions
40 thereof, provided that not less than one (1) copy is available for public use
41 and examination in the office of the clerk.
42 (5) Local authorities may adopt an ordinance establishing procedures for
43 the abatement and removal of abandoned, junk, dismantled or inoperative vehi-
44 cles or their parts from private or public property, including highways, pro-
45 vided the ordinance is not in conflict with the provisions of this title.
46 (6) A local authority may adopt local ordinances designating paved high-
47 ways or sections of paved highways under its jurisdiction upon which vehicles
48 registered under section 49-402(4), Idaho Code, may be operated. A local
49 authority may, by ordinance, prohibit such vehicles from operating on unpaved
50 roads or portions thereof under its jurisdiction.
51 (a) No controlled access highways shall be designated under this subsec-
52 tion (6).
53 (b) The requirements of title 18 and chapters 6, 8, 12, 13 and 14 of
54 title 49, Idaho Code, shall apply to such vehicles operated on unpaved
55 roads, paved highways or sections of paved highways designated under this
24
1 subsection (6).
2 (c) Costs related to the posting of signs on such designated roads, high-
3 ways and sections of highways, which reference the particular authorizing
4 ordinance or which indicate the authorized use, shall be eligible for
5 reimbursement through the motorbike recreation account created in section
6 67-7126, Idaho Code.
7 SECTION 13. That Section 49-302, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-302. WHAT PERSONS ARE EXEMPT FROM LICENSE. The following persons are
10 exempt from licensing if driving privileges are not suspended, canceled,
11 revoked, disqualified, denied or refused:
12 (1) Any person while driving or operating any farm tractor or implement
13 of husbandry when incidentally operated on a highway.
14 (2) Farmers are exempt from obtaining a class A, B or C driver's license
15 to operate a commercial motor vehicle which is:
16 (a) Controlled and operated by a farmer, including operation by employees
17 or family members; and
18 (b) Used to transport either agricultural products, farm machinery, farm
19 supplies, or both, to or from a farm; and
20 (c) Not used in the operations of a common or contract motor carrier; and
21 (d) Used within one hundred fifty (150) miles of the person's farm.
22 (3) Any person is exempt from obtaining a class A, B or C driver's
23 license for the operation of commercial motor vehicles which are necessary to
24 the preservation of life or property or the execution of emergency governmen-
25 tal functions, are equipped with audible and visual signals, and are not sub-
26 ject to normal traffic regulations.
27 (4) Any person is exempt from obtaining a class A, B or C license to
28 operate a commercial vehicle which is exclusively used to transport personal
29 possessions or family members for nonbusiness or recreational purposes.
30 (5) A nonresident who is at least fifteen (15) years of age and who has
31 in his immediate possession a valid driver's license issued to him in his home
32 state or country may operate a motor vehicle in Idaho only as a class D oper-
33 ator with driving privileges restricted to daylight hours only except as pro-
34 vided in section 49-307(7), Idaho Code, and with full privileges at sixteen
35 (16) years of age, and only if Idaho residency is not established.
36 (6) A nonresident who is at least fifteen (15) years of age and who has
37 in his possession a valid driver's license with a motorcycle endorsement or
38 who has a valid motorcycle driver's license issued to him in his home state or
39 country may operate a motorcycle in Idaho with driving privileges restricted
40 to daylight hours only, and with full privileges at sixteen (16) years of age.
41 (7) A nonresident who has in his immediate possession a valid commercial
42 driver's license issued to him in his home state or country may operate a
43 motor vehicle in Idaho.
44 (8) A nonresident on active duty in the armed forces of the United States
45 who has a valid driver's license issued by his home jurisdiction, and such
46 nonresident's spouse or dependent son or daughter who has a valid driver's
47 license issued by such person's home jurisdiction.
48 (9) Any active duty military personnel, active duty U.S. coast guard per-
49 sonnel, and members of the reserves and national guard on active duty includ-
50 ing personnel on full-time national guard duty, personnel on part-time train-
51 ing and national guard military technicians who as civilians are required to
52 wear military uniforms and are subject to the code of military justice, are
53 exempt from obtaining a commercial driver's license to operate military vehi-
25
1 cles. This exemption does not apply to U.S. reserve technicians.
2 (10) Any person with a valid driver's license issued in their name is
3 exempt from the requirement to obtain a motorcycle endorsement on the license
4 when operating a moped or when operating a motorcycle motorbike on highways or
5 sections of highways designated for unregistered motorcycle motorbike use
6 under section 49-201 or 49-208, Idaho Code. No motorcycle endorsement on the
7 license is required for operation of a motorcycle under the agricultural
8 exemption specified in section 49-426(3), Idaho Code.
9 SECTION 14. That Section 49-402, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
12 truck, each neighborhood electric vehicle and each other motor vehicle having
13 a maximum gross weight not in excess of eight thousand (8,000) pounds and that
14 complies with the federal motor vehicle safety standards as defined in section
15 49-107, Idaho Code, shall be:
16 Vehicles one (1) and two (2) years old ............................ $48.00
17 Vehicles three (3) and four (4) years old ......................... $36.00
18 Vehicles five (5) and six (6) years old ........................... $36.00
19 Vehicles seven (7) and eight (8) years old ........................ $24.00
20 Vehicles over eight (8) years old ................................. $24.00
21 There shall be twelve (12) registration periods, starting in January for
22 holders of validation registration stickers numbered 1, and proceeding consec-
23 utively through December for holders of validation registration stickers num-
24 bered 12, each of which shall start on the first day of a calendar month and
25 end on the last day of the twelfth month from the first day of the beginning
26 month. Registration periods shall expire midnight on the last day of the reg-
27 istration period in the year designated by the validation registration
28 sticker. The numeral digit on the validation registration stickers shall, as
29 does the registration card, fix the registration period under the staggered
30 plate system of Idaho for the purpose of reregistration and notice of expira-
31 tion.
32 A vehicle that has once been registered for any of the above designated
33 periods shall, upon reregistration, be registered for the period bearing the
34 same number, and the registration card shall show and be the exclusive proof
35 of the expiration date of registration and licensing. Vehicles may be ini-
36 tially registered for less than a twelve (12) month period, or for more than a
37 twelve (12) month period, and the fee prorated on a monthly basis if the frac-
38 tional registration tends to fulfill the purpose of the monthly series regis-
39 tration system.
40 (2) For all school buses operated either by a nonprofit, nonpublic school
41 or operated pursuant to a service contract with a school district for trans-
42 porting children to or from school or in connection with school approved
43 activities, the annual fee shall be twenty-four dollars ($24.00).
44 (3) For all motorcycles and all-terrain vehicles motor-driven cycles that
45 comply with the federal motor vehicle safety standards, and mopeds operated
46 upon the public highways, the annual fee shall be nine ten dollars ($910.00).
47 For operation of an all-terrain vehicle or motorcycles and other vehicles as
48 specified in section 67-7122, Idaho Code, off the public highways, the fee
49 specified in section 67-7122, Idaho Code, shall be paid. Registration exemp-
50 tions provided in section 49-426(2), (3) and (4), Idaho Code, apply to all-
51 terrain vehicles and motorcycles used for the purposes described in subsec-
52 tions (2), (3) and (4) of section 49-426, Idaho Code.
53 (4) Upon payment of an annual ten dollar ($10.00) fee, all-terrain vehi-
26
1 cles shall be issued an "ATV" license plate and may be operated on:
2 (a) Unpaved roads, unless specifically prohibited by the local highway
3 jurisdiction under the provisions of section 49-208, Idaho Code; and
4 (b) Highways designated as prescribed in section 49-201 and section
5 49-208, Idaho Code; and
6 (c) Unpaved highways located on state public lands or federal public
7 lands that are not part of the highway system of the state of Idaho, a
8 county, highway district or city.
9 All-terrain vehicles are exempt from the federal motor vehicle safety stan-
10 dards.
11 (5) For all motor homes the fee shall be as specified in subsection (1)
12 of this section and shall be in addition to the fees provided for in section
13 49-445, Idaho Code.
14 (56) Registration fees shall not be subject to refund.
15 (67) A financial institution or repossession service contracted to a
16 financial institution repossessing vehicles under the terms of a security
17 agreement shall move the vehicle from the place of repossession to the finan-
18 cial institution's place of business on a repossession plate. The repossession
19 plate shall also be used for demonstrating the vehicle to a prospective pur-
20 chaser for a period not to exceed ninety-six (96) hours. The registration fees
21 for repossession plates shall be as required in subsection (1) of this section
22 for a vehicle one (1) and two (2) years old. All other fees required under
23 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
24 The repossession plate shall be issued on an annual basis by the department.
25 (78) In addition to the annual registration fee in this section, there
26 shall be an initial program fee of twenty-five dollars ($25.00) and an annual
27 program fee of fifteen dollars ($15.00) for all special license plate programs
28 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408,
29 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special plates
30 issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an
31 initial program fee of twenty-five dollars ($25.00) but there shall be no
32 annual renewal fee. For special plates issued pursuant to sections 49-415C,
33 49-416A, 49-416B, 49-416C, 49-416D, 49-416E, 49-417, 49-417A, 49-417B,
34 49-417C, 49-418A, 49-418B, 49-418C, 49-418E, 49-419, 49-419A, 49-419B,
35 49-419C, 49-419D, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420E and
36 49-420G, Idaho Code, there shall be an initial program fee of thirty-five dol-
37 lars ($35.00) and an annual program fee of twenty-five dollars ($25.00). The
38 fees contained in this subsection shall be applicable to all new special plate
39 programs. The initial program fee and the annual program fee shall be depos-
40 ited in the state highway account and shall be used to fund the cost of admin-
41 istration of special license plate programs, unless otherwise specified by
42 law.
43 (9) Any vehicle that does not meet federal motor vehicle safety standards
44 shall not be registered and shall not be permitted to operate on public high-
45 ways of the state, as highways are defined in section 40-117, Idaho Code,
46 unless otherwise specifically authorized.
47 SECTION 15. That Section 49-402B, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 49-402B. OPTIONAL BIENNIAL REGISTRATION. (1) At the option of the appli-
50 cant, any vehicle registered under the provisions of section 49-402(1) through
51 (56), Idaho Code, may be registered for a period of two (2) years for a fee
52 that is double the fee currently assessed for annual registration of the vehi-
53 cle in section 49-402, Idaho Code.
27
1 (2) If any vehicle registered under a special license plate program is
2 registered for a two (2) year period as provided in this section, the regis-
3 trant shall also be required to pay the special programs fees for a two (2)
4 year period.
5 (3) The additional fee collected for emergency medical services pursuant
6 to section 49-452, Idaho Code, or project choice pursuant to section 49-454,
7 Idaho Code, shall also be doubled for any registration issued under the provi-
8 sions of this section.
9 (4) The administrative fee collected for issuance of a motor vehicle reg-
10 istration shall be the same as for an annual registration and shall not be
11 doubled or in any way increased solely because of registration under the pro-
12 visions of this section.
13 SECTION 16. That Section 49-410, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 49-410. SPECIAL LICENSE PLATES AND PLACARDS FOR PERSONS WITH A DISABILITY
16 -- PARKING PRIVILEGES -- PLACARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS --
17 ENFORCEMENT. (1) Any person with a disability as defined in section 49-117,
18 Idaho Code, or any parent or guardian of a dependent child with a disability
19 as defined in section 49-117, Idaho Code, without regard to the age of the
20 dependent child, shall be eligible for the use of special license plates bear-
21 ing the international accessible symbol, for any vehicle owned by such person
22 or owned by a qualified parent or guardian, but excluding any commercial vehi-
23 cle with a registered maximum gross weight over twenty-six thousand (26,000)
24 pounds. The parking privileges granted under the provisions of subsection (7)
25 of this section shall apply to any vehicle displaying special license plates
26 or placard issued pursuant to this section.
27 (2) Registration and license plate fees for vehicles owned by a person
28 with a disability or qualified parent or guardian of a dependent child with a
29 disability, shall be as provided, respectively, in sections 49-402, 49-434(1)
30 and 49-450, Idaho Code. Nothing in this section shall be construed as abrogat-
31 ing provisions of section 49-445, Idaho Code. The use of the special placard
32 issued under the provisions of subsection (4) of this section, shall not
33 exempt the owner of a motor vehicle from otherwise properly registering and
34 licensing the motor vehicle.
35 (3) Special license plates for persons with a disability and for the par-
36 ent or guardian of a dependent child with a disability, shall be the same size
37 and color as other license plates, and shall have displayed upon them the reg-
38 istration numbers assigned to the vehicle and to the owner. The plates shall
39 be numbered in a manner prescribed by the department, but the plates shall
40 display the international accessible symbol.
41 International Accessible Symbol
42 (4) The department shall issue a special placard bearing the interna-
43 tional accessible symbol and other information the department may require, to:
44 (a) Any qualified person with a disability who does not own a motor vehi-
45 cle;
46 (b) Any qualified person with a disability who owns a motor vehicle,
47 without regard to weight or use of the vehicle;
48 (c) Any parent or guardian of a dependent child with a disability who
49 owns a motor vehicle without regard to weight or use of the vehicle;
28
1 (d) Any business entity which is engaged in transportation of persons
2 with a disability, which business shall not be required to submit a
3 physician's certification. In addition to other application requirements,
4 a business applicant shall sign a declaration that he is engaged in the
5 transportation of persons with a disability. A business entity may
6 include, but not be limited to, hospitals, nursing homes, federal, state
7 and local governmental agencies and taxicabs.
8 (5) Any person or business issued a special placard shall affix the spe-
9 cial placard to a motor vehicle in a conspicuous place designated by the
10 department. The placard shall bear distinguishing marks, letters or numerals
11 indicating the vehicle is utilized by a permanently disabled person. When the
12 placard is affixed to a motor vehicle and the motor vehicle is transporting a
13 person with a disability, special parking privileges are granted as provided
14 in subsection (7) of this section.
15 (6) Application for special license plates, a special placard, or both as
16 applicable and at the option of the applicant, shall be made upon a form fur-
17 nished by the department and shall include a written certification by a
18 licensed physician, licensed physician assistant, or licensed advanced prac-
19 tice professional nurse verifying that the applicant's stated impairment qual-
20 ifies as a disability according to the provisions of section 49-117, Idaho
21 Code.
22 (7) Any motor vehicle displaying special license plates for a person with
23 a disability, without regard to the state of residence or displaying the spe-
24 cial placard provided in subsections (4) and (8) of this section, shall be
25 allowed to park for unlimited periods of time in parking zones or areas which
26 are otherwise restricted as to the length of time parking is permitted, to
27 park in spaces and zones designated for persons with a disability, and to park
28 in any public parking space with metered parking without being required to pay
29 any parking meter fee. The provisions of this subsection shall not be applica-
30 ble to those zones or areas in which the stopping, parking, or standing of all
31 vehicles is prohibited or which are reserved for special types of vehicles, to
32 areas where vehicular parking is prohibited for periods in excess of forty-
33 eight (48) hours, or to areas where parking is prohibited for certain periods
34 of time in order to allow snow removal, street construction or maintenance or
35 for other emergency purposes. Nothing herein shall prohibit the designation of
36 parking spaces for use by disabled persons for unlimited periods of time.
37 (8) Any person who shall submit satisfactory proof to the department that
38 he is so temporarily disabled as defined in section 49-117(78)(b), Idaho Code,
39 shall be entitled to receive for one (1) motor vehicle only, a special placard
40 to be affixed to a motor vehicle in a conspicuous place designated by the
41 department, bearing distinguishing marks, letters or numerals indicating that
42 the vehicle is utilized by a temporarily disabled person. This special tempo-
43 rary placard shall be valid between one (1) and six (6) months depending on
44 the written authorization of the licensed physician, licensed physician assis-
45 tant, or licensed advanced practice professional nurse and as specified by the
46 department on the placard.
47 (9) Any use of the plate or placard by any person other than those meet-
48 ing the definition of disability under section 49-117(78)(b), Idaho Code, or
49 as otherwise authorized by this section, to obtain parking shall constitute an
50 infraction punishable by a fine of one hundred dollars ($100).
51 (10) Any person who unlawfully possesses, sells, copies, duplicates, dis-
52 tributes, manufactures or aids and abets in the unlawful possession, sale,
53 copying, duplicating, distributing or manufacturing of a special plate or
54 placard is guilty of a misdemeanor punishable by a fine not to exceed one
55 thousand dollars ($1,000), or by imprisonment in the county jail for a period
29
1 not to exceed thirty (30) days or by both. The court shall also impose as a
2 term of the sentence a period not to exceed forty (40) hours of community ser-
3 vice provided to a nonprofit organization which serves people with disabili-
4 ties. The unlawfully obtained special plate or placard shall be subject to
5 confiscation by law enforcement officials. Following conviction or dismissal,
6 the special plate or placard confiscated by law enforcement shall be sent to
7 the department.
8 Law enforcement officials and/or their designees as authorized by a city
9 or county shall enforce the provisions of subsections (1) through (9) of this
10 section and are empowered, using reasonable discretion, to check personal
11 identification to determine if the user of the plate or placard is authorized
12 to use accessible parking privileges. Any fines collected shall be retained by
13 the city or county whose law enforcement official issued the citation.
14 SECTION 17. That Section 49-426, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 49-426. EXEMPTIONS FROM OPERATING REGISTRATION FEES. The provisions of
17 this chapter with respect to operating registration fees shall not apply to:
18 (1) Motor vehicles owned or leased by the United States, the state, a
19 city, a county, any department thereof, any political subdivision or municipal
20 corporation of the state, any taxing district of the state, any state regis-
21 tered nonprofit subscription fire protection unit, or any organization,
22 whether incorporated or unincorporated, organized for the operation, mainte-
23 nance, or management of an irrigation project or irrigation works or system or
24 for the purpose of furnishing water to its members or shareholders, but in
25 other respects shall be applicable.
26 (2) Farm tractors, implements of husbandry, those manufactured homes
27 which qualify for an exemption under the provisions of section 49-422, Idaho
28 Code, road rollers, wheel mounted tar buckets, portable concrete and/or mortar
29 mixers, wheel mounted compressors, tow dollies, portable toilet trailers,
30 street sweepers, and similar devices as determined by the department which are
31 temporarily operated or moved upon the highways need not be registered under
32 the provisions of this chapter, nor shall implements of husbandry be consid-
33 ered towed units under registration of vehicle combinations as defined in sec-
34 tion 49-108(23), Idaho Code. In addition, self-propelled wheelchairs, three-
35 wheeled bicycles, wheelchair conveyances, golf carts, lawn mowers, and
36 scooters operated by persons who by reason of physical disability are other-
37 wise unable to move about as pedestrians shall be exempt from registration
38 requirements under the provisions of this chapter. Motorcycles and all-terrain
39 vehicles need not be registered under the provisions of this chapter if they
40 are: (a) Bbeing used exclusively in connection with agricultural, horticul-
41 tural, dairy and livestock growing and feeding operations or used exclusively
42 for snow removal purposes. Travel upon the public highways shall be limited to
43 travel between farm or ranch locations. Motorcycles and all-terrain vehicles
44 used for this purpose shall meet the requirements of section 49-619, Idaho
45 Code.; or
46 (b) Used exclusively on unpaved highways located on state public lands or
47 federal public lands which are not part of the highway system of the state
48 of Idaho, a county, highway district or city, provided the registration
49 requirements of section 49-402 or section 67-7122, Idaho Code, are met.
50 (3) Any political subdivision of the state of Idaho may, but only after
51 sufficient public notice is given and a public hearing held, adopt local ordi-
52 nances designating highways or sections of highways under its jurisdiction
53 upon which unregistered all-terrain vehicles and motorcycles may be operated.
30
1 No controlled access highways shall be designated under this subsection. The
2 requirements of title 18 and chapters 6, 8, 12, 13 and 14, title 49, Idaho
3 Code, shall apply to the operation of any unregistered motorcycle and all-
4 terrain vehicle upon such designated highways. Costs related to the posting of
5 signs on such designated highways or sections of highways indicating the ordi-
6 nance are eligible for reimbursement through the motorbike recreation account
7 created in section 67-7126, Idaho Code.
8 (4) The Idaho transportation board may designate sections of state
9 highways over which all-terrain vehicles and motorcycles not registered under
10 this chapter 4 may cross. The requirements of title 18, and chapters 6, 8, 12,
11 13 and 14, title 49, Idaho Code, shall apply to the operation of unregistered
12 all-terrain vehicles and motorcycles when using designated crossings on state
13 highways.
14 SECTION 18. That Section 49-501, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 49-501. TITLING REQUIREMENTS -- EXEMPTIONS. (1) The provisions of this
17 chapter shall apply to every vehicle required to be registered with the
18 department in chapter 4, title 49, Idaho Code.
19 (2) In addition, the titling requirements of this chapter shall apply to
20 the following vehicles which are not required to be registered under the pro-
21 visions of chapter 4, title 49, Idaho Code:
22 (a) All-terrain vehicles, motorbikes, snowmobiles and utility type vehi-
23 cles as defined in section 67-7101, Idaho Code, except that such vehicles
24 having an internal combustion engine with a displacement that does not
25 exceed forty-five (45) cubic centimeters shall not be required to be
26 titled; and
27 (b) Manufactured homes as defined in section 39-4105, Idaho Code.
28 (3) Certain vehicles which are required to be registered under the provi-
29 sions of chapter 4, title 49, Idaho Code, shall be exempt from the titling
30 requirements of this chapter as follows:
31 (a) Utility trailers whose unladen weight is less than two thousand
32 (2,000) pounds; and
33 (b) Mopeds as defined in section 49-114, Idaho Code; and
34 (c) The board may, by rule, exempt vehicles and motor vehicles registered
35 under the provisions of sections 49-434 and 49-435, Idaho Code, from the
36 titling requirements of this chapter.
37 (4) Vehicles exempt from registration under the provisions of section
38 49-426, Idaho Code, are exempt from the titling requirements of this chapter,
39 unless otherwise specifically required by the provisions of subsection (2) of
40 this section.
41 SECTION 19. That Section 49-529, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 49-529. MANDATORY REJECTION OR INVALIDATION OF TRANSITIONAL OWNERSHIP
44 DOCUMENT BY DEPARTMENT. The transportation department shall reject, return or
45 subsequently invalidate a transitional ownership document if:
46 (1) More than twenty (20) days have elapsed between the date of sale, or
47 if no sale is involved, more than twenty (20) days have elapsed between the
48 date the contract or security interest being perfected was signed and the date
49 the transitional ownership document is received by the department;
50 (2) The transitional ownership document does not contain all of the
51 information contained in section 49-121(78), Idaho Code;
31
1 (3) It is determined that persons named on the transitional ownership
2 document as having a security interest did not have a security interest on the
3 date the transitional ownership document was received;
4 (4) It is determined the person who submitted the transitional ownership
5 document made false statements in completing the transitional ownership docu-
6 ment;
7 (5) The department does not receive the primary ownership document from
8 the date of sale within ninety (90) days of the date of sale or if no sale is
9 involved, within ninety (90) days from the date the security agreement or con-
10 tract was signed;
11 (6) The security interest holder or person submitting the transitional
12 ownership document elects to retain, requests it be returned or requests that
13 the transitional ownership document be withdrawn; or
14 (7) The information on or in the transitional ownership document has been
15 changed or altered in a manner that is not acceptable to the department.
16 SECTION 20. That Chapter 6, Title 49, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 49-664, Idaho Code, and to read as follows:
19 49-664. OPERATION OF MOPEDS ON PUBLIC HIGHWAYS. (1) Mopeds may operate in
20 lanes of travel on any public highway with a posted speed limit of thirty-five
21 (35) miles per hour or less, and if under pedal propulsion, may use bicycle
22 lanes.
23 (2) Except as provided in subsection (3) of this section, for operation
24 on public highways with a posted speed over thirty-five (35) miles per hour,
25 mopeds shall be ridden as close as practicable to the right-hand curb or edge
26 of the roadway, proceeding in the direction of traffic, but shall not use
27 bicycle lanes unless under pedal propulsion.
28 (3) Mopeds operating on public highways with a posted speed over thirty-
29 five (35) miles per hour may temporarily move from the right-hand curb or edge
30 of the roadway under the following situations:
31 (a) When overtaking and passing another bicycle or vehicle proceeding in
32 the same direction.
33 (b) When preparing for a left turn at an intersection or into a private
34 road or driveway.
35 (c) When reasonably necessary to avoid conditions including fixed or
36 moving objects, parked or moving vehicles, bicycles, pedestrians, animals,
37 surface hazards or substandard width lanes that make it unsafe to continue
38 along the right-hand curb or edge.
39 (d) When operating upon a one-way roadway with two (2) or more marked
40 traffic lanes, may ride as near the left-hand curb or edge of the roadway
41 as practicable, but shall not use bicycle lanes unless under pedal propul-
42 sion.
43 (4) It shall be unlawful to operate a moped on any interstate highway, as
44 defined in section 40-110, Idaho Code.
45 SECTION 21. That Section 49-1606, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 49-1606. CLASSES OF LICENSES -- NONRESIDENT DEALERS. Licenses issued
48 under the provisions of this chapter shall be as follows:
49 (1) A dealer's license shall permit the licensee to engage in the busi-
50 ness of selling or exchanging new and used vehicles, new and used motorcycles,
51 motor-driven cycles and motor scooters motorbikes, new and used all-terrain
32
1 vehicles, utility type vehicles, snow machines and travel trailers, and new
2 and used motor homes. This form of license shall permit licensees who are
3 owners or part owners of the business of the licensee to act as vehicle sales-
4 men.
5 (2) A vehicle salesman's license shall permit the licensee to engage in
6 the activities of a vehicle salesman.
7 (3) A wholesale dealer's license shall permit the licensee to engage in
8 the business of wholesaling used vehicles to Idaho vehicle dealers. The holder
9 of this license must meet all the requirements for a principal place of busi-
10 ness, except for the requirement of display area and adequate room to repair
11 vehicles.
12 (4) A vehicle manufacturer's license shall permit the licensee to engage
13 in the business of constructing or assembling vehicles, of the type subject to
14 registration under this title at an established place of business within
15 Idaho.
16 (5) A distributor, factory branch, or distributor branch license shall
17 permit the licensee to engage in the business of selling and distributing
18 vehicles, parts, and accessories to their franchised dealers.
19 (6) A representative (factory branch or distributor, etc.) license shall
20 permit the licensee to engage in the business of contacting his respective
21 authorized dealers, for the purpose of making or promoting the sale of his,
22 its, or their vehicles, parts, and accessories.
23 (7) Pending the satisfaction of the department that the applicant has met
24 the requirements for licensure, it may issue a temporary permit to any appli-
25 cant for a license. A temporary permit shall not exceed a period of ninety
26 (90) days while the department is completing its investigation and determina-
27 tion of facts relative to the qualifications of the applicant for a license. A
28 temporary permit shall terminate when the applicant's license has been issued
29 or refused.
30 (8) The department may issue a probationary vehicle salesman's license,
31 subject to conditions to be observed in the exercise of the privilege granted
32 either upon application for issuance of a license or upon application for
33 renewal of a license. The conditions to be attached to the exercise of the
34 privilege shall not appear on the face of the license but shall, in the judg-
35 ment of the department, be in the public interest and suitable to the qualifi-
36 cations of the applicant as disclosed by the application and investigation by
37 the department.
38 (9) A nonresident dealer who is currently authorized to do business as,
39 and has an established place of business as a vehicle dealer in another state,
40 is not subject to licensure under the provisions of this chapter as long as
41 the sales are limited to the exportation of vehicles for sale to, and the
42 importation of vehicles purchased from, licensed Idaho vehicle dealers.
43 SECTION 22. That Section 49-1608, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 49-1608. LICENSE BOND. (1) Before any dealer's license shall be issued by
46 the department to any applicant, the applicant shall procure and file with the
47 department good and sufficient bond in the amount shown, conditioned that the
48 applicant shall not practice any fraud, make any fraudulent representation or
49 violate any of the provisions of this chapter, rules of the department, or the
50 provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48,
51 Idaho Code, or federal motor vehicle safety standards, or odometer fraud in
52 the conduct of the business for which he is licensed.
53 (a) All dealers, including wholesale, but excluding a dealer exclusively
33
1 in the business of motorcycles, motor-driven cycles and motor scooters
2 motorbikes, all-terrain vehicles, utility type vehicles and snow machine
3 sales, twenty thousand dollars ($20,000).
4 (b) A dealer exclusively in the business of motorcycle, motor-driven
5 cycle and motor scooter motorbike sales, all-terrain vehicles, utility
6 type vehicles and snow machine sales, ten thousand dollars ($10,000).
7 (2) The bond required in this section may be continuous in form and the
8 total aggregate liability on the bond shall be limited to the payment of the
9 amounts set forth in this section. The bond shall be in the following form:
10 (a) A corporate surety bond, by a surety licensed to do business in this
11 state; or
12 (b) A certificate of deposit, in a form prescribed by the director; or
13 (c) A cash deposit with the director.
14 (3) If a bond is canceled or otherwise becomes invalid, upon receiving
15 notice of the cancellation or invalidity, the department shall immediately
16 suspend the dealer's license and take possession of the license itself, all
17 vehicle plates used in the business and all unused title applications of the
18 licensee. The licensee is entitled to a hearing which shall be held within
19 twenty (20) days of the suspension. Upon receiving notice that a valid bond is
20 in force, the department shall immediately reinstate the license.
21 (4) The bond requirements of this section shall be satisfied if the
22 applicant is a duly licensed manufactured home dealer in accordance with chap-
23 ter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho
24 Code, otherwise meets the requirements of this section. The amount of the bond
25 shall be in the amount as required in this section or that required in section
26 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a cer-
27 tified copy of the bond as required in section 44-2103, Idaho Code, to the
28 department.
29 SECTION 23. That Section 63-3606B, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 63-3606B. MOTOR VEHICLE. The term "motor vehicle" means a vehicle regis-
32 tered or required to be registered for use on public roads. The term "motor
33 vehicle" does not include vehicles not required to be registered pursuant to
34 section 49-426, Idaho Code, or intended for off-road use only, including snow-
35 mobiles, boats and aircraft, and all-terrain vehicles and off-road motorcycles
36 motorbikes when not used on public roads.
37 SECTION 24. That Section 67-7101, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 67-7101. DEFINITIONS. In this chapter:
40 (1) "All-terrain vehicle (ATV)" means any recreation vehicle with three
41 (3) or more tires, under eight hundred fifty (850) pounds and forty-eight
42 fifty (4850) inches or less in width, having a wheelbase of sixty-one (61)
43 inches or less, traveling on low-pressure tires of ten (10) psi or less and
44 has handlebar steering and a seat designed to be straddled by the operator.
45 (2) "Board" means the park and recreation board created under authority
46 of section 67-4221, Idaho Code.
47 (3) "Bona fide snowmobile program" means services or facilities as
48 approved by the department that will benefit snowmobilers such as snowmobile
49 trail grooming, plowing and maintaining snowmobile parking areas and facili-
50 ties, and trail signing.
51 (4) "Dealer" means any person who engages in the retail sales of or
34
1 rental of snowmobiles, motorbikes, or all-terrain vehicles.
2 (5) "Department" means the Idaho department of parks and recreation.
3 (6) "Designated parking area" means an area located, constructed, main-
4 tained, and signed with the approval of the land manager or owner.
5 (7) "Director" means the director of the department of parks and recre-
6 ation.
7 (8) "Highway." (See section 40-109, Idaho Code, but excepting public
8 roadway as defined in this section).
9 (9) "Motorbike" means any self-propelled two (2) wheeled motorcycle or
10 motor-driven cycle, excluding tractor, designed for or capable of traveling
11 off developed roadways and highways and also referred to as trailbikes, enduro
12 bikes, trials bikes, motocross bikes or dual purpose motorcycles.
13 (10) "Operator" means any person who is in physical control of a
14 motorbike, all-terrain vehicle, or snowmobile.
15 (11) "Owner" means every person holding record title to a motorbike, all-
16 terrain vehicle, or snowmobile and entitled to the use or possession thereof,
17 other than a lienholder or other person having a security interest only.
18 (12) "Person" means an individual, partnership, association, corporation,
19 or any other body or group of persons, whether incorporated or not, and
20 regardless of the degree of formal organization.
21 (13) "Public roadway" means all portions of any highway which are con-
22 trolled by an authority other than the Idaho transportation department.
23 (14) "Snowmobile" means any self-propelled vehicle under one thousand
24 (1,000) pounds unladened gross weight, designed primarily for travel on snow
25 or ice or over natural terrain, which may be steered by tracks, skis, or run-
26 ners, and which is not otherwise registered or licensed under the laws of the
27 state of Idaho.
28 (15) "Utility type vehicle (UTV)" means any recreational motor vehicle
29 other than an ATV, motorbike or snowmobile as defined in this section,
30 designed for and capable of travel over designated unpaved roads, traveling on
31 four (4) or more low-pressure tires of twenty (20) psi or less, maximum width
32 less than seventy-four (74) inches, maximum weight less than two thousand
33 (2,000) pounds, or having a wheelbase of ninety-four (94) inches or less.
34 Utility type vehicle does not include golf carts, vehicles specially designed
35 to carry a disabled person, implements of husbandry as defined in section
36 49-110(2), Idaho Code, or vehicles otherwise registered under title 49, Idaho
37 Code.
38 (16) "Vendor" means any entity authorized by the department to sell recre-
39 ational registrations.
40 (17) "Winter recreational parking locations" means designated parking
41 areas established and maintained with funds acquired from the cross-country
42 skiing account.
43 SECTION 25. That Section 67-7122, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 67-7122. REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) On or before Jan-
46 uary 1 of each year, the owner of any all-terrain vehicle, motorbike or util-
47 ity type vehicle as defined in section 67-7101, Idaho Code, used off public
48 highways or and on unpaved highways located on state public lands or federal
49 public lands that are not part of the highway system of the state of Idaho, a
50 county, highway district or city, shall register that vehicle at any vendor
51 authorized by the department. For operation of such vehicles on unpaved roads
52 and upon highways designated as prescribed in section 49-426(3)201 and section
53 49-208, Idaho Code, but excluding those vehicles used exclusively on private
35
1 land for agricultural use or used exclusively for snow removal purposes, the
2 owner shall register that vehicle at any vendor authorized by with the Idaho
3 transportation department in accordance with the provisions of section 49-402,
4 Idaho Code.
5 (2) A fee of ten dollars ($10.00) shall be charged for each registration,
6 which fee includes a one dollar and fifty cent ($1.50) vendor fee. At the time
7 of sale from any dealer, each motorbike, all-terrain vehicle or utility type
8 vehicle sold to an Idaho resident, but excluding those vehicles to be used
9 exclusively on private land for agricultural use or used exclusively for snow
10 removal purposes, must be registered before it leaves the premises.
11 (3) Application blanks and stickers shall be supplied by the department
12 and the registration sticker shall be issued to the person making application
13 for registration. The vendor issuing the registration sticker shall, upon
14 receipt of the application in approved form, issue to the applicant a
15 motorbike, ATV or UTV sticker and shall note the number of the sticker in his
16 records and shall supply a duplicate copy of the application form, noting the
17 number of the sticker issued, to the department.
18 (4) All stickers which are issued shall be in force through December 31
19 of the issued year. All registration stickers shall be renewed by the owner of
20 the all-terrain vehicle, motorbike or utility type vehicle in the same manner
21 provided for in the initial securing of the same. The issued sticker shall be
22 placed upon the all-terrain vehicle, motorbike or utility type vehicle in such
23 a manner that it is completely visible and shall be kept in a legible condi-
24 tion at all times.
25 (2) For operation of an all-terrain vehicle or motorbike on the public
26 highways, the vehicle shall also be registered pursuant to the provisions of
27 section 49-402, Idaho Code, except for those highways defined in section
28 49-426, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by King
Seconded by Mortimer
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 187
1 AMENDMENT TO SECTION 11
2 On page 22 of the printed bill, delete lines 24 and 25 and insert:
3 "(6) The board may designate sections of state highways over which vehi-
4 cles registered under section 49-402(4) or sec-".
5 AMENDMENT TO SECTION 12
6 On page 23, in line 48, following "Code," insert: "and motorbikes regis-
7 tered under section 67-7122, Idaho Code,".
8 AMENDMENTS TO SECTION 14
9 On page 26, delete line 1 and insert: "cles and utility type vehicles
10 shall be issued an "ATV/UTV" license plate and may be operated on:"; and in
11 line 9 following "vehicles" insert: "and utility type vehicles".
12 AMENDMENTS TO SECTION 17
13 On page 29, in line 38, following "Motorcycles" insert: ", utility type
14 vehicles"; and in line 43, following "Motorcycles" insert: ", utility type
15 vehicles".
16 AMENDMENTS TO SECTION 18
17 On page 30, delete line 22 and insert:
18 "(a) All-terrain vehicles, motorbikes, and snowmobiles and utility type
19 vehi-";
20 and in line 23, delete "cles" and insert: "cles".
21 AMENDMENT TO SECTION 23
22 On page 33, in line 35 following "vehicles" insert: ", utility type vehi-
23 cles".
24 AMENDMENTS TO SECTION 24
25 On page 34, delete lines 28 through 37 and insert:
26 "(15) "Utility type vehicle (UTV)" means any recreational motor vehicle
27 other than an ATV, motorbike or snowmobile as defined in this section,
28 designed for and capable of travel over designated unpaved roads, traveling on
29 four (4) or more low-pressure tires of twenty (20) psi or less, maximum width
30 less than seventy-four (74) inches, maximum weight less than two thousand
31 (2,000) pounds, or having a wheelbase of ninety-four (94) inches or less.
32 Utility type vehicle does not include golf carts, vehicles specially designed
33 to carry a disabled person, implements of husbandry as defined in section
34 49-110(2), Idaho Code, or vehicles otherwise registered under title 49, Idaho
35 Code.";
36 in line 38, delete "(16)" and insert: "(16)"; and in line 40, delete "(17)"
37 and insert: "(176)".
2
1 AMENDMENTS TO SECTION 25
2 On page 34, delete lines 46 and 47 and insert: "uary 1 of each year, the
3 owner of any all-terrain vehicle, or motorbike or utility type vehicle as
4 defined in section 67-7101, Idaho Code, used off public"; in line 51, delete
5 "such vehicles" and insert: "all-terrain vehicles or utility type vehicles";
6 and in line 52, delete "49-426(3)201 and section" and insert: "49-426(3)".
7 On page 35, in line 7 following "each" delete the remainder of the line
8 and insert: "motorbike, or all-terrain vehicle or utility type"; in line 8,
9 delete "vehicle sold" and insert: "vehicle sold"; in line 15, delete
10 "motorbike, ATV or UTV" and insert: "motorbike, or ATV or UTV"; in line 20,
11 following "all-terrain" delete the remainder of the line and insert:
12 "vehicle, or motorbike or utility type vehicle in the same manner"; and in
13 line 22, following "all-terrain" delete the remainder of the line and insert:
14 "vehicle, or motorbike or utility type vehicle in such".
15 CORRECTIONS TO TITLE
16 On page 1, in line 38, following "VEHICLES" insert: "AND UTILITY TYPE
17 VEHICLES"; in line 43, following "TERMINOLOGY" insert: ", TO EXEMPT UTILITY
18 TYPE VEHICLES FROM REGISTRATION UNDER CHAPTER 4, TITLE 49, IDAHO CODE, UNDER
19 CERTAIN CONDITIONS AND WITH CERTAIN REQUIREMENTS"; and in line 45, delete
20 "CLARIFY" and insert: "REVISE".
21 On page 2, in line 10, following "(ATV)"" insert: "AND TO DELETE THE DEFI-
22 NITION OF "UTILITY TYPE VEHICLE (UTV)""; and delete lines 11 through 13 and
23 insert: "67-7122, IDAHO CODE, TO CLARIFY REGISTRATION AND OPERATION OF ALL-
24 TERRAIN VEHICLES AND MOTORBIKES BY THE DEPARTMENT OF PARKS AND RECREATION, TO
25 PROVIDE FOR REGISTRATION AND OPERATION OF ALL-TERRAIN VEHICLES AND UTILITY
26 TYPE VEHICLES, TO PROVIDE THAT UTILITY TYPE VEHICLES SHALL NOT BE REGISTERED
27 BY THE DEPARTMENT OF PARKS AND RECREATION, TO DELETE REDUNDANT LANGUAGE AND TO
28 MAKE TECHNICAL CORRECTIONS.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 187, As Amended
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO UNCONVENTIONAL MOTOR VEHICLES; AMENDING SECTION 49-102, IDAHO
3 CODE, TO REVISE THE DEFINITION OF "ALL-TERRAIN VEHICLE" OR "ATV"; AMENDING
4 SECTION 49-105, IDAHO CODE, TO REVISE THE DEFINITION OF "DEALER" AND TO
5 REVISE THE DEFINITION OF "ENDORSEMENT M -- MOTORCYCLE" UNDER THE DEFINI-
6 TION OF "DRIVER'S LICENSE ENDORSEMENTS"; AMENDING SECTION 49-107, IDAHO
7 CODE, TO DEFINE "FEDERAL MOTOR VEHICLE SAFETY STANDARDS (FMVSS)" AND TO
8 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-108, IDAHO CODE, TO PRO-
9 VIDE A REFERENCE TO THE DEFINITION OF "GLIDER KIT VEHICLE" AND TO MAKE
10 TECHNICAL CORRECTIONS; AMENDING SECTION 49-114, IDAHO CODE, TO REVISE THE
11 DEFINITIONS OF "MOPED" AND "MOTORCYCLE," TO DEFINE "MOTORBIKE" AND
12 "MOTOR-DRIVEN CYCLE" AND TO PROVIDE A REFERENCE TO THE DEFINITION OF
13 "MULTIPURPOSE PASSENGER VEHICLE"; AMENDING SECTION 49-117, IDAHO CODE, TO
14 PROVIDE A REFERENCE TO THE DEFINITION OF "PASSENGER CAR" AND TO PROVIDE A
15 CORRECT CODE REFERENCE; AMENDING SECTION 49-119, IDAHO CODE, TO PROVIDE
16 REFERENCES TO THE DEFINITIONS OF "RECONSTRUCTED OR REPAIRED VEHICLE" AND
17 "REPLICA VEHICLE"; AMENDING SECTION 49-120, IDAHO CODE, TO PROVIDE A REF-
18 ERENCE TO THE DEFINITION OF "SALVAGE VEHICLE"; AMENDING SECTION 49-121,
19 IDAHO CODE, TO PROVIDE A REFERENCE TO THE DEFINITION OF "TOTAL LOSS VEHI-
20 CLE" AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-123, IDAHO
21 CODE, TO REVISE THE DEFINITION OF "MOTOR VEHICLE" UNDER THE DEFINITION OF
22 "VEHICLE," TO DEFINE "REPLICA VEHICLE" AND TO CLARIFY PROVISIONS SPECIFIC
23 TO ALL SPECIALLY CONSTRUCTED VEHICLES REQUIRED TO BE REGISTERED; AMENDING
24 SECTION 49-201, IDAHO CODE, TO PROVIDE ADDITIONAL DUTIES OF THE IDAHO
25 TRANSPORTATION DEPARTMENT REGARDING DESIGNATION OF SECTIONS OF STATE HIGH-
26 WAYS OVER WHICH CERTAIN VEHICLES MAY CROSS, TO SPECIFY CONDITIONS FOR
27 OPERATION OF SUCH CERTAIN VEHICLES AND TO PROVIDE COSTS OF SIGNING; AMEND-
28 ING SECTION 49-208, IDAHO CODE, TO AUTHORIZE LOCAL AUTHORITIES WITH HIGH-
29 WAY JURISDICTION TO ADOPT ORDINANCES DESIGNATING PAVED HIGHWAYS OR SEC-
30 TIONS THEREOF FOR USE BY CERTAIN VEHICLES, TO AUTHORIZE SUCH LOCAL AUTHOR-
31 ITIES TO PROHIBIT CERTAIN VEHICLES FROM OPERATING ON UNPAVED ROADS OR POR-
32 TIONS THEREOF, TO PROVIDE CONDITIONS RELATING TO SUCH VEHICLES AND SUCH
33 DESIGNATIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-302,
34 IDAHO CODE, TO CLARIFY THE EXEMPTION FROM OBTAINING A MOTORCYCLE ENDORSE-
35 MENT; AMENDING SECTION 49-402, IDAHO CODE, TO REQUIRE COMPLIANCE WITH FED-
36 ERAL MOTOR VEHICLE SAFETY STANDARDS FOR REGISTRATION OF CERTAIN VEHICLES,
37 TO CLARIFY REGISTRATION PROVISIONS RELATING TO MOTORCYCLES, MOTOR-DRIVEN
38 CYCLES AND MOPEDS, TO PROVIDE FOR REGISTRATION OF ALL-TERRAIN VEHICLES AND
39 UTILITY TYPE VEHICLES AND TO PROHIBIT REGISTRATION AND OPERATION OF VEHI-
40 CLES ON PUBLIC HIGHWAYS THAT DO NOT MEET FEDERAL MOTOR VEHICLE SAFETY
41 STANDARDS; AMENDING SECTION 49-402B, IDAHO CODE, TO PROVIDE A CORRECT CODE
42 REFERENCE; AMENDING SECTION 49-410, IDAHO CODE, TO PROVIDE A CORRECT CODE
43 REFERENCE; AMENDING SECTION 49-426, IDAHO CODE, TO PROVIDE PROPER TERMI-
44 NOLOGY, TO EXEMPT UTILITY TYPE VEHICLES FROM REGISTRATION UNDER CHAPTER 4,
45 TITLE 49, IDAHO CODE, UNDER CERTAIN CONDITIONS AND WITH CERTAIN REQUIRE-
46 MENTS AND TO DELETE PROVISIONS THAT ARE NO LONGER APPLICABLE TO EXEMP-
2
1 TIONS; AMENDING SECTION 49-501, IDAHO CODE, TO REVISE TITLING REQUIREMENTS
2 RELATING TO ALL-TERRAIN VEHICLES, MOTORBIKES, SNOWMOBILES, UTILITY TYPE
3 VEHICLES AND MOPEDS; AMENDING SECTION 49-529, IDAHO CODE, TO PROVIDE A
4 CORRECT CODE REFERENCE; AMENDING CHAPTER 6, TITLE 49, IDAHO CODE, BY THE
5 ADDITION OF A NEW SECTION 49-664, IDAHO CODE, TO PROVIDE FOR OPERATION OF
6 MOPEDS ON PUBLIC HIGHWAYS; AMENDING SECTION 49-1606, IDAHO CODE, TO PRO-
7 VIDE THAT A DEALER'S LICENSE PERMITS ENGAGING IN THE BUSINESS OF DEALING
8 IN MOTOR-DRIVEN CYCLES, MOTORBIKES AND UTILITY TYPE VEHICLES; AMENDING
9 SECTION 49-1608, IDAHO CODE, TO CLARIFY APPLICATION OF A DEALER'S LICENSE
10 BOND; AMENDING SECTION 63-3606B, IDAHO CODE, TO CLARIFY THE DEFINITION OF
11 "MOTOR VEHICLE" AS THE TERM APPLIES TO SALES TAX LAW; AMENDING SECTION
12 67-7101, IDAHO CODE, TO REVISE THE DEFINITION OF "ALL-TERRAIN VEHICLE
13 (ATV)" AND TO DELETE THE DEFINITION OF "UTILITY TYPE VEHICLE (UTV)"; AND
14 AMENDING SECTION 67-7122, IDAHO CODE, TO CLARIFY REGISTRATION AND OPERA-
15 TION OF ALL-TERRAIN VEHICLES AND MOTORBIKES BY THE DEPARTMENT OF PARKS AND
16 RECREATION, TO PROVIDE FOR REGISTRATION AND OPERATION OF ALL-TERRAIN VEHI-
17 CLES AND UTILITY TYPE VEHICLES, TO PROVIDE THAT UTILITY TYPE VEHICLES
18 SHALL NOT BE REGISTERED BY THE DEPARTMENT OF PARKS AND RECREATION, TO
19 DELETE REDUNDANT LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Section 49-102, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 49-102. DEFINITIONS -- A. (1) "Abandon" means to leave a vehicle on pri-
24 vate property without the permission of the person having rights to the pos-
25 session of the property, or on a highway or other property open to the public
26 for the purposes of vehicular traffic or parking, or upon or within the right-
27 of-way of any highway, for twenty-four (24) hours or longer.
28 (2) "Abandoned vehicle" means any vehicle observed by an authorized offi-
29 cer or reported by a member of the public to have been left within the limits
30 of any highway or upon the property of another without the consent of the
31 property owner for a period of twenty-four (24) hours or longer, except that a
32 vehicle shall not be considered abandoned if its owner-operator is unable to
33 remove it from the place where it is located and has notified a law enforce-
34 ment agency and requested assistance.
35 (3) "Accident" means any event that results in an unintended injury or
36 property damage attributable directly or indirectly to the motion of a motor
37 vehicle or its load, a snowmobile or special mobile equipment.
38 (4) "Actual physical control" means being in the driver's position of a
39 motor vehicle with the motor running or the vehicle moving.
40 (5) "Administrator" means the federal highway administrator, the chief
41 executive of the federal highway administration, an agency within the U.S.
42 department of transportation.
43 (6) "Age of a motor vehicle" means the age determined by subtracting the
44 manufacturer's year designation of the vehicle from the year in which the des-
45 ignated registration fee is paid. If the vehicle has the same manufacturer's
46 year designation as the year in which the fee is paid, or if a vehicle has a
47 manufacturer's year designation later than the year in which the fee is paid,
48 the vehicle shall be deemed to be one (1) year old.
49 (7) "Air-conditioning equipment" means mechanical vapor compression
50 refrigeration equipment which is used to cool the driver's or passenger com-
51 partment of any motor vehicle.
52 (8) "Alcohol or alcoholic beverage" means:
3
1 (a) Beer as defined in 26 U.S.C. section 5052(a), of the Internal Revenue
2 Code;
3 (b) Wine of not less than one-half of one percent (.005%) of alcohol by
4 volume; or
5 (c) Distilled spirits as defined in section 5002(a)(8), of the Internal
6 Revenue Code.
7 (9) "Alley" means a public way of limited use intended only to provide
8 access to the rear or side of lots or buildings in urban districts.
9 (10) "All-terrain vehicle" or "ATV" means any recreation vehicle with
10 three (3) or more tires, weighing under eight hundred fifty (850) pounds, for-
11 ty-eight (48) fifty (50) inches or less in width, having a wheelbase of sixty-
12 one (61) inches or less, traveling on low-pressure tires of ten (10) psi or
13 less, has handlebar steering and a seat designed to be straddled by the opera-
14 tor. Such vehicles shall be titled and shall be registered under the provi-
15 sions of section 49-402 or 67-7122, Idaho Code, for operation on public high-
16 ways as specified in sections 49-402 and 67-7122, Idaho Code, unless exempted
17 under the provisions of section 49-426, Idaho Code.
18 (11) "Amateur radio operator." (See "Radio operator, amateur," section
19 49-119, Idaho Code)
20 (12) "Ambulance" means a motor vehicle designed and used primarily for the
21 transportation of injured, sick, or deceased persons, on stretchers, cots,
22 beds, or other devices for carrying persons in a prone position.
23 (13) "Applicant" means an individual who applies to obtain, transfer,
24 upgrade, or renew a driver's license.
25 (14) "Approved driver training course" means a training course from a
26 school licensed under the provisions of chapter 21 of this title.
27 (15) "Approved testing agency" means a person, firm, association, partner-
28 ship or corporation approved by the director of the Idaho state police which
29 is:
30 (a) In the business of testing equipment and systems;
31 (b) Recognized by the director as being qualified and equipped to do
32 experimental testing; and
33 (c) Not under the jurisdiction or control of any single manufacturer or
34 supplier for an affected industry.
35 (16) "Armed forces" means the army, navy, marine corps, coast guard and
36 the air force of the United States.
37 (17) "Authorized emergency vehicle." (See "Vehicle," section 49-123, Idaho
38 Code)
39 (18) "Authorized officer" means any member of the Idaho state police, or
40 any regularly employed and salaried deputy sheriff, or other county employee
41 designated to perform the function of removing abandoned vehicles or junk
42 vehicles by the board of county commissioners of the county in which a vehicle
43 is located, or any regularly employed and salaried city peace officer or other
44 city employee designated to perform the function of removing abandoned vehi-
45 cles or junk vehicles by the city council, or a qualified person deputized or
46 appointed by the proper authority as reserve deputy sheriff or city policeman,
47 authorized within the jurisdiction in which the abandoned vehicle or junk
48 vehicle is located.
49 (19) "Authorized transportation department employee" means any employee
50 appointed by the board to perform duties relating to enforcement of vehicle
51 laws as have been specifically defined and approved by order of the board (see
52 section 40-510, Idaho Code).
53 (20) "Auto transporter" means a vehicle combination constructed for the
54 purpose of transporting vehicles.
4
1 SECTION 2. That Section 49-105, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-105. DEFINITIONS -- D. (1) "Dealer" means every person in the business
4 of buying, selling or exchanging five (5) or more new or used vehicles, new or
5 used neighborhood electric vehicles, new or used motorcycles, motor-driven
6 cycles, snow machines or motor scooters motorbikes, travel trailers, all-
7 terrain vehicles, utility type vehicles or motor homes in any calendar year,
8 either outright or on conditional sale, bailment, lease, chattel mortgage, or
9 otherwise, or who has an established place of business for the sale, lease,
10 trade, or display of these vehicles. No insurance company, bank, finance com-
11 pany, public utilities company, or other person coming into possession of any
12 vehicle, as an incident to its regular business, who shall sell that vehicle
13 under any contractual rights it may have, shall be considered a dealer. See
14 also "salvage pool," section 49-120, Idaho Code.
15 (2) "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho
16 Code)
17 (3) "Department" means the Idaho transportation department acting
18 directly or through its duly authorized officers and agents, except in chap-
19 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho state
20 police, except as otherwise specifically provided.
21 (4) "Designated family member" means the spouse, child, grandchild, par-
22 ent, brother or sister of the owner of a vehicle dealership who, in the event
23 of the owner's death, is entitled to inherit the ownership interest in the
24 dealership under the same terms of the owner's will, or who has been nominated
25 in any other written instrument, or who, in the case of an incapacitated owner
26 of a dealership, has been appointed by a court as the legal representative of
27 the dealer's property.
28 (5) "Director" means the director of the Idaho transportation department,
29 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
30 director of the Idaho state police.
31 (6) "Disclose" means to engage in any practice or conduct to make avail-
32 able and make known personal information contained in records of the depart-
33 ment about a person to any other person, organization or entity, by any means
34 of communication.
35 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by
36 the department of commercial vehicle driving privileges.
37 (8) "Distributor" means any person, firm, association, corporation or
38 trust, resident or nonresident, who has a franchise from a manufacturer of
39 vehicles to distribute vehicles in this state, and who in whole or in part
40 sells or distributes new vehicles to dealers or who maintains distributor rep-
41 resentatives.
42 (9) "Distributor branch" means a branch office similarly maintained by a
43 distributor for the same purposes a factory branch is maintained.
44 (10) "Distributor representative" means any person, firm, association,
45 corporation or trust, and each officer and employee thereof engaged as a rep-
46 resentative of a distributor or distributor branch of vehicles for the purpose
47 of making or promoting the sale of vehicles, or for supervising or contacting
48 dealers or prospective dealers.
49 (11) "District" means:
50 (a) Business district. The territory contiguous to and including a high-
51 way when within any six hundred (600) feet along the highway there are
52 buildings in use for business or industrial purposes, including hotels,
53 banks or office buildings, railroad stations and public buildings which
54 occupy at least three hundred (300) feet of frontage on one side or three
5
1 hundred (300) feet collectively on both sides of the highway.
2 (b) Residential district. The territory contiguous to and including a
3 highway not comprising a business district when the property on the high-
4 way for a distance of three hundred (300) feet or more is in the main
5 improved with residences, or residences and buildings in use for business.
6 (c) Urban district. The territory contiguous to and including any highway
7 which is built up with structures devoted to business, industry or dwell-
8 ing houses. For purposes of establishing speed limits in accordance with
9 the provisions of section 49-654, Idaho Code, no state highway or any por-
10 tion thereof lying within the boundaries of an urban district is subject
11 to the limitations which otherwise apply to nonstate highways within an
12 urban district. Provided, this subsection shall not limit the authority of
13 the duly elected officials of an incorporated city acting as a local
14 authority to decrease speed limits on state highways passing through any
15 district within the incorporated city.
16 (12) "Documented vessel" means a vessel having a valid marine document as
17 a vessel of the United States.
18 (13) "Drag race" means the operation of two (2) or more vehicles from a
19 point side by side at accelerating speeds in a competitive attempt to outdis-
20 tance each other, or the operation of one (1) or more vehicles over a common
21 selected course, from the same point to the same point, for the purpose of
22 comparing the relative speeds or power of acceleration of the vehicles within
23 a certain distance or time limit.
24 (14) "Driver" means every person who drives or is in actual physical con-
25 trol of a vehicle.
26 (15) "Driver's license" means a license or permit issued by the department
27 or by any other jurisdiction to an individual which authorizes the individual
28 to operate a motor vehicle or commercial motor vehicle on the highways in
29 accordance with the requirements of title 49, Idaho Code.
30 (16) "Driver's license -- Classes of" are issued for the operation of a
31 vehicle based on the size of the vehicle or the type of load and mean:
32 (a) Class A. This license shall be issued and valid for the operation of
33 any combination of motor vehicles with a manufacturer's gross combination
34 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds,
35 provided the manufacturer's gross vehicle weight rating (GVWR) of the
36 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per-
37 sons holding a valid class A license may also operate vehicles requiring a
38 class B, C or D license.
39 (b) Class B. This license shall be issued and valid for the operation of
40 any single vehicle with a manufacturer's gross vehicle weight rating
41 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
42 cle towing a vehicle not in excess of ten thousand (10,000) pounds
43 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
44 class B license may also operate vehicles requiring a class C license or a
45 class D license.
46 (c) Class C. This license shall be issued and valid for the operation of
47 any single vehicle or combination of vehicles that does not meet the defi-
48 nition of class A or class B, as defined in this section, but that either
49 is designed to transport sixteen (16) or more people including the driver,
50 or is of any size which does not meet the definition of class A or class B
51 and is used in the transportation of materials found to be hazardous
52 according to the hazardous material transportation act and which requires
53 the motor vehicle to be placarded under the federal hazardous materials
54 regulations 49 CFR part 172, subpart F. Persons holding a valid class C
55 license may also operate vehicles requiring a class D license.
6
1 (d) Class D. This license shall be issued and valid for the operation of
2 a motor vehicle that is not a commercial vehicle as defined in section
3 49-123, Idaho Code.
4 (e) "Seasonal driver's license" means a special restricted class B or C
5 driver's license to operate certain commercial vehicles in farm-related
6 industries under restrictions imposed by the department. As used in this
7 definition, "farm-related industry" shall mean custom harvesters, farm
8 retail outlets and suppliers, agri-chemical businesses and livestock
9 feeders. Seasonal driver's licenses are not valid for driving vehicles
10 carrying any quantities of hazardous material requiring placarding,
11 except for diesel fuel in quantities of one thousand (1,000) gallons or
12 less, liquid fertilizers, i.e., plant nutrients, in vehicles or implements
13 of husbandry with total capacities of three thousand (3,000) gallons or
14 less, and solid fertilizers, i.e., solid plant nutrients, that are not
15 mixed with any organic substance.
16 (17) "Driver record" means any record that pertains to an individual's
17 driver's license, driving permit, driving privileges, driving history, identi-
18 fication documents or other similar credentials issued by the department.
19 (18) "Driver's license endorsements" means special authorizations that are
20 required to be displayed on a driver's license which permit the driver to
21 operate certain types of commercial vehicles or commercial vehicles hauling
22 certain types of cargo, or to operate a motorcycle or a school bus.
23 (a) "Endorsement T -- Double/Triple trailer" means this endorsement is
24 required on a class A, B or C license to permit the licensee to operate a
25 vehicle authorized to tow more than one (1) trailer.
26 (b) "Endorsement H -- Hazardous material" means this endorsement is
27 required on a class A, B or C license if the driver is operating a vehicle
28 used in the transportation of materials found to be hazardous according to
29 the hazardous material transportation act and which requires the motor
30 vehicle to be placarded under the federal hazardous materials regulations
31 49 CFR part 172, subpart F.
32 (c) "Endorsement P -- Passenger" means this endorsement is required on a
33 class A, B or C license to permit the licensee to operate a vehicle
34 designed to transport sixteen (16) or more people including the driver.
35 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on
36 a class A, B or C license to permit the licensee to operate a vehicle
37 which is designed to transport any liquid or gaseous materials within a
38 tank that is either permanently or temporarily attached to the vehicle.
39 Such vehicles include, but are not limited to, cargo tanks and portable
40 tanks, as defined in federal regulations 49 CFR part 171. This definition
41 does not include portable tanks having a rated capacity under one thousand
42 (1,000) gallons.
43 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a
44 driver's license to permit the driver to operate a motorcycle or motor-
45 driven cycle.
46 (f) "Endorsement S -- School bus" means this endorsement is required on a
47 class A, B or C license to permit the licensee to operate a school bus in
48 accordance with 49 CFR part 383, to transport preprimary, primary or sec-
49 ondary school students from home to school, from school to home, or to and
50 from school-sponsored events. School bus does not include a bus used as a
51 common carrier.
52 (19) "Driveway" means a private road giving access from a public way to a
53 building on abutting grounds.
54 (20) "Dromedary tractor" means every motor vehicle designed and used pri-
55 marily for drawing a semitrailer and so constructed as to carry manifested
7
1 cargo in addition to a part of the weight of the semitrailer.
2 SECTION 3. That Section 49-107, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 49-107. DEFINITIONS -- F. (1) "Factory branch" means a branch office
5 maintained by a person who manufactures or assembles vehicles for sale to dis-
6 tributors or to dealers, or for directing or supervising, in whole or in part,
7 its representatives.
8 (2) "Factory representative" means any person and each officer and
9 employee engaged as a representative of a manufacturer of vehicles or by a
10 factory branch for the purpose of making or promoting a sale of their vehi-
11 cles, or for supervising or contacting their dealers or prospective dealers.
12 (3) "Farm tractor" means every motor vehicle designed or adapted and used
13 primarily as a farm implement power unit operated with or without other farm
14 implements attached in any manner consistent with the structural design of
15 that power unit.
16 (4) "Farm vehicle." (See "Vehicle,", section 49-123, Idaho Code)
17 (5) "Federal motor vehicle safety standards (FMVSS)" means those safety
18 standards established by the national highway traffic safety administration,
19 49 CFR chapter V, for the safe construction and manufacturing of self-pro-
20 pelled motorized vehicles for operation on public highways. Such vehicles
21 shall be so certified by the manufacturer as originally designed and manufac-
22 tured to meet the federal motor vehicle safety standards or as certified by
23 the national highway traffic safety administration.
24 (6) "Felony" means any offense under state or federal law that is punish-
25 able by death or imprisonment for a term exceeding one (1) year.
26 (67) "Fifth wheel trailer." (See "Trailer,", section 49-121, Idaho Code)
27 (78) "Financial institution" means any bank that is authorized to do
28 business in the state of Idaho and any other financial institution that is
29 registered with the department of finance.
30 (89) "Flammable liquid" means any liquid which has a flash point of sev-
31 enty (70) degrees Fahrenheit, or less, as determined by a tagliabue or equiva-
32 lent closed-cup test device.
33 (910) "Fleet" means one (1) or more apportionable vehicles.
34 (101) "Fleet registration" means an optional form of registration through
35 the department rather than a county assessor for registration of twenty-five
36 (25) or more commercial or farm vehicles or any combination thereof. This reg-
37 istration is not an option for fleets of rental vehicles. Terms and conditions
38 are further specified in section 49-434(5), Idaho Code.
39 (112) "Fold down camping trailer." (See "Trailer,", section 49-121, Idaho
40 Code)
41 (123) "Foreign vehicle." (See "Vehicle,", section 49-123, Idaho Code)
42 (134) "Franchise" means a contract or agreement between a dealer and a
43 manufacturer of new vehicles or its distributor or factory branch by which the
44 dealer is authorized to engage in the business of selling any specified make
45 or makes of new vehicles.
46 (145) "Full-time salesman" means any person employed as a vehicle salesman
47 on behalf of a dealer for thirty (30) or more hours per week, and who sells,
48 purchases, exchanges or negotiates for the sale, purchase or exchange of five
49 (5) or more vehicles during each year in which his license is in effect.
50 SECTION 4. That Section 49-108, Idaho Code, be, and the same is hereby
51 amended to read as follows:
8
1 49-108. DEFINITIONS -- G. (1) "Glider kit vehicle." (See "Vehicle," sec-
2 tion 49-123, Idaho Code)
3 (2) "Good cause" means the failure of a dealer to comply with reasonable
4 performance criteria established by a manufacturer, if the dealer was apprised
5 by the manufacturer, in writing, of that failure; and
6 (a) The notification stated that notice was provided of failure of per-
7 formance;
8 (b) The dealer was afforded a reasonable opportunity, for a period of not
9 less than six (6) months, to comply with the criteria; and
10 (c) The dealer did not demonstrate substantial progress toward compliance
11 with the performance criteria of the manufacturer during the period.
12 (23) "Gross combination weight rating (GCWR)" for the purposes of chapter
13 4, title 49, Idaho Code, means the value specified by the manufacturer as the
14 maximum loaded weight of a combination (articulated) vehicle. In the absence
15 of a value specified by the manufacturer, GCWR will be determined by adding
16 the GVWR of the power unit and the total weight of the towed unit and any load
17 thereon or registered weight rating whichever is greater. Towed units shall
18 not include implements of husbandry. For the purposes of chapter 3, title 49,
19 Idaho Code, "gross combined weight rating (GCWR)" is as defined in 49 CFR part
20 383.
21 (34) "Gross vehicle weight rating (GVWR)" for the purposes of chapter 4,
22 title 49, Idaho Code, means the value specified by the manufacturer as the
23 maximum loaded weight of a single vehicle or registered weight rating, which-
24 ever is greater. For the purposes of chapter 3, title 49, Idaho Code, "gross
25 vehicle weight rating (GVWR)" is as defined in 49 CFR part 383.
26 (45) "Gross weight" means the weight of a vehicle without load plus the
27 weight of any load on that vehicle.
28 (56) "Group of vehicles" is one (1) motor vehicle operated under its own
29 motive power with one (1) motor vehicle in tow, or one (1) or more motor vehi-
30 cles in tow in saddlemount fashion, providing that saddlemounting meets the
31 requirements prescribed by the United States department of transportation.
32 SECTION 5. That Section 49-114, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 49-114. DEFINITIONS -- M. (1) "Major component part" means a rear clip,
35 cowl, frame or inner structure forward of the cowl, body, cab, front end
36 assembly, front clip or such other part which is critical to the safety of the
37 vehicle.
38 (2) "Manifest" means a form used for identifying the quantity, composi-
39 tion, origin, routing, waste or material identification code and destination
40 of hazardous material or hazardous waste during any transportation within,
41 through, or to any destination in this state.
42 (3) "Manufactured home." (See section 39-4105, Idaho Code)
43 (4) "Manufacturer" means every person engaged in the business of con-
44 structing or assembling vehicles of a type required to be registered at an
45 established place of business in this state. The term, for purposes of sec-
46 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
47 include a distributor and other factory representatives.
48 (5) "Manufacturer's year designation" means the model year designated by
49 the vehicle manufacturer, and not the year in which the vehicle is, in fact,
50 manufactured.
51 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped
52 for operation, to which shall be added the maximum load to be carried as
53 declared by the owner in making application for registration. When a vehicle
9
1 against which a registration fee is assessed is a combination of vehicles,
2 the term "maximum gross weight" means the combined maximum gross weights of
3 all vehicles in the combination.
4 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code)
5 (8) "Mileage" means actual distance that a vehicle has traveled.
6 (9) "Moped" means a limited-speed motor-driven cycle having:
7 (a) Both motorized and pedal propulsion that is not capable of propelling
8 the vehicle at a speed in excess of thirty (30) miles per hour on level
9 ground, whether two (2) or three (3) wheels are in contact with the ground
10 during operation. If an internal combustion engine is used, the displace-
11 ment shall not exceed fifty (50) cubic centimeters and the moped shall
12 have a power drive system that functions directly or automatically without
13 clutching or shifting by the operator after the drive system is engaged;
14 or
15 (b) Two (2) wheels or three (3) wheels with no pedals, which is powered
16 solely by electrical energy, has an automatic transmission, a motor which
17 produces less than two (2) gross brake horsepower, is capable of propel-
18 ling the device at a maximum speed of not more than thirty (30) miles per
19 hour on level ground and as originally manufactured, meets federal motor
20 vehicle safety standards for motor-driven cycles.
21 A moped is not required to be titled and no motorcycle endorsement is required
22 of its operator.
23 (10) "Motorbike" means a vehicle as defined in section 67-7101, Idaho
24 Code. Such vehicle shall be titled and may be approved for motorcycle regis-
25 tration under section 49-402, Idaho Code, upon certification by the owner of
26 the installation and use of conversion components that make the motorbike com-
27 pliant with federal motor vehicle safety standards.
28 (11) "Motorcycle" means every motor vehicle with motive power having a
29 seat or saddle for the use of the rider and designed to travel on not more
30 than three (3) wheels in contact with the ground, that meets the federal motor
31 vehicle safety standards as originally designed, and includes a converted
32 motorbike but excluding does not include a motor-driven cycle, a motorbike, a
33 tractor and or a moped.
34 (112) "Motor carrier" means an individual, partnership, corporation or
35 other legal entity engaged in the transportation by motor vehicle of persons
36 or property in the furtherance of a business or for hire.
37 (13) "Motor-driven cycle" means a cycle with a motor that produces five
38 (5) brake horsepower or less as originally manufactured that meets federal
39 motor vehicle safety standards as originally designed, and does not include
40 mopeds. Such vehicle shall be titled and a motorcycle endorsement is required
41 for its operation.
42 (124) "Motor home" means a vehicular unit designed to provide temporary
43 living quarters, built into an integral part or permanently attached to a
44 self-propelled motor vehicle chassis. The vehicle must contain permanently
45 installed independent life support systems which meet the American National
46 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
47 vide at least four (4) of the following facilities: cooking, refrigeration or
48 ice box, self-contained toilet, heating and/or air conditioning, a potable
49 water supply system, including a faucet and sink, separate 110-125 volt elec-
50 trical power supply and/or LP-gas supply.
51 (135) "Motorized wheelchair" means a motor vehicle with a speed not in
52 excess of eight (8) miles per hour, designed for and used by a handicapped
53 person.
54 (146) "Motor number." (See "Identifying number," section 49-110, Idaho
55 Code)
10
1 (157) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
2 (168) "Motor vehicle liability policy" means an owner's or operator's pol-
3 icy of liability insurance, certified as provided in section 49-1210, Idaho
4 Code, as proof of financial responsibility, and issued by an insurance carrier
5 duly authorized to transact business in this state, to or for the benefit of
6 the person named therein as insured.
7 (179) "Motor vehicle record" means any record that pertains to a motor
8 vehicle registration, motor vehicle title or identification documents or other
9 similar credentials issued by the department or other state or local agency.
10 (20) "Multipurpose passenger vehicle." (See "Vehicle," section 49-123,
11 Idaho Code)
12 SECTION 6. That Section 49-117, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 49-117. DEFINITIONS -- P. (1) "Park" or "parking" means the standing of a
15 vehicle, whether occupied or not, other than temporarily for the purpose of
16 and while actually engaged in loading or unloading property or passengers.
17 (2) "Park trailer." (See "Trailer," section 49-121, Idaho Code)
18 (3) "Part-time salesman" means any person employed as a vehicle salesman
19 on behalf of a dealer less than thirty (30) hours per week.
20 (4) "Passenger car." (See "Vehicle," section 49-123, Idaho Code)
21 (5) "Peace officer." (See section 19-5101(d), Idaho Code)
22 (56) "Pedestrian" means any person afoot and any person operating a
23 wheelchair or a motorized wheelchair or an electric personal assistive mobil-
24 ity device.
25 (67) "Pedestrian path" means any path, sidewalk or way set-aside and used
26 exclusively by pedestrians.
27 (78) (a) "Person" means every natural person, firm, fiduciary, copartner-
28 ship, association, corporation, trustee, receiver or assignee for the ben-
29 efit of creditors, political subdivision, state or federal governmental
30 department, agency, or instrumentality, and for the purposes of chapter 22
31 of this title shall include a private, common or contract carrier operat-
32 ing a vehicle on any highway of this state.
33 (b) "Person with a disability" means:
34 (i) A person who is unable to walk two hundred (200) feet or more
35 unassisted by another person;
36 (ii) A person who is unable to walk two hundred (200) feet or more
37 without the aid of a walker, cane, crutches, braces, prosthetic
38 device or a wheelchair; or
39 (iii) A person who is unable to walk two hundred (200) feet or more
40 without great difficulty or discomfort due to the following impair-
41 ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
42 order, blindness, or the loss of function or absence of a limb.
43 (iv) For the purposes of chapters 3 and 4 of this title, a person
44 with a permanent disability is one whose physician certifies that the
45 person qualifies as a person with a disability pursuant to this sub-
46 section (78)(b), and further certifies that there is no expectation
47 for a fundamental or marked change in the person's condition at any
48 time in the future.
49 (89) "Personal information" means information that identifies an individ-
50 ual, including an individual's photograph or computerized image, social secu-
51 rity number, driver identification number, name, address, telephone number,
52 and medical or disability information, but does not include information on
53 vehicular accidents, driving or equipment-related violations, the five-digit
11
1 zip code of the person's address, or status of the driver's license or motor
2 vehicle registration.
3 (910) "Pneumatic tire." (See "Tires," section 49-121, Idaho Code)
4 (101) "Pole trailer." (See "Trailer," section 49-121, Idaho Code)
5 (112) "Possessory lien" means a lien dependent upon possession for compen-
6 sation to which a person is legally entitled for making repairs or performing
7 labor upon, and furnishing supplies or materials for, and for the towing,
8 storage, repair, or safekeeping of, any vehicle of a type subject to registra-
9 tion.
10 (123) "Possessory lienholder" means any person claiming a lien, that lien
11 claimed to have accrued on a basis of services rendered to the vehicle which
12 is the subject of the lien.
13 (134) "Preceding year" means, for the purposes of section 49-435, Idaho
14 Code, a period of twelve (12) consecutive months fixed by the department,
15 prior to July 1 of the year immediately preceding the commencement of the reg-
16 istration or license year for which proportional registration is sought. The
17 department in fixing the period shall make it conform to the terms, conditions
18 and requirements of any applicable agreement or arrangement for the propor-
19 tional registration of vehicles.
20 (145) "Pressure regulator valve" means a device or system which governs
21 the load distribution and controls the weight borne by a variable load suspen-
22 sion axle in accordance with a predetermined valve setting.
23 (156) "Principal place of business" means an enclosed commercial structure
24 located within the state, easily accessible and open to the public at all rea-
25 sonable times, with an improved display area large enough to display five (5)
26 or more vehicles of the type the dealer is licensed to sell, immediately
27 adjoining the building, and at which the business of a dealer, including the
28 display and repair of vehicles, may be lawfully carried on in accordance with
29 the terms of all applicable building codes, zoning and other land-use regula-
30 tory ordinances, and in which building the public shall be able to contact the
31 dealer or his salesmen in person or by telephone at all reasonable times, and
32 at which place of business shall be kept and maintained the books, records and
33 files necessary to conduct the business. The principal place of business shall
34 display an exterior sign permanently affixed to the land or building, with
35 letters clearly visible to the major avenue of traffic. In no event shall a
36 room or rooms in a hotel, rooming house, or apartment house building or a part
37 of any single or multiple unit dwelling house be considered a "principal place
38 of business" within the terms and provisions of this title unless the entire
39 ground floor of that hotel, apartment house, or rooming house building or
40 dwelling house be devoted principally to and occupied for commercial purposes,
41 and the office or offices of the dealer be located on the ground floor.
42 (167) "Private property open to the public" means real property not owned
43 by the federal government or the state of Idaho or any of its political subdi-
44 visions, but is available for vehicular traffic or parking by the general pub-
45 lic with the permission of the owner or agent of the real property.
46 (178) "Private road" means every way or place in private ownership and
47 used for vehicular travel by the owner and those having express or implied
48 permission from the owner, but not by other persons.
49 (189) "Proof of financial responsibility" means proof of ability to
50 respond in damages for liability, on account of accidents occurring subsequent
51 to the effective date of the proof, arising out of the ownership, maintenance
52 or use of a motor vehicle, in the amount of twenty-five thousand dollars
53 ($25,000) because of bodily injury to or death of one (1) person in any one
54 (1) accident, and, subject to the limit for one (1) person, in the amount of
55 fifty thousand dollars ($50,000) because of bodily injury to or death of two
12
1 (2) or more persons in any one (1) accident, and in the amount of fifteen
2 thousand dollars ($15,000) because of injury to or destruction of property of
3 others in any one (1) accident.
4 (1920) "Proper authority" means a public highway agency.
5 (201) "Public highway agency" means the state transportation department,
6 any city, county, highway district or any other state agency which has juris-
7 diction over public highway systems and public rights-of-way.
8 (212) "Public right-of-way" means a right-of-way open to the public and
9 under the jurisdiction of a public highway agency, where the public highway
10 agency has no obligation to construct or maintain said right-of-way for vehic-
11 ular traffic.
12 (223) "Public road jurisdiction" means a public highway agency.
13 (234) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho
14 Code)
15 SECTION 7. That Section 49-119, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 49-119. DEFINITIONS -- R. (1) "Racing" means the use of one (1) or more
18 vehicles in an attempt to outgain, outdistance, or prevent another vehicle
19 from passing, to arrive at a given destination ahead of another vehicle, or to
20 test the physical stamina or endurance of drivers over long-distance driving
21 routes.
22 (2) "Radio operator, amateur" means any person licensed by the Federal
23 Communications Commission to engage in private and experimental two-way radio
24 operation and holding a conditional class license or higher.
25 (3) "Railroad" means a carrier of persons or property upon cars operated
26 upon stationary rails.
27 (4) "Railroad train" means a steam engine, electric or other motor, with
28 or without cars coupled thereto, operated upon rails.
29 (5) "Railroad sign" or "signal" means any sign, signal or device erected
30 by authority of a public body or official or by a railroad and intended to
31 give notice of the presence of railroad tracks or the approach of a railroad
32 train.
33 (6) "Reconstructed or repaired vehicle." (See "Vehicle," section 49-123,
34 Idaho Code)
35 (7) "Recreational vehicle" means a motor home, travel trailer, truck cam-
36 per or camping trailer, with or without motive power, designed for human habi-
37 tation for recreational or emergency occupancy. It does not include pick-up
38 hoods, shells, or canopies designed, created or modified for occupational
39 usage. School buses or van type vehicles which are converted to recreational
40 use, are defined as recreational vehicles.
41 (78) "Registered maximum gross weight" means the maximum gross weight
42 established on the registration document as declared by the owner at the time
43 of registration or renewal of registration.
44 (89) "Registered owner" means any person required to register a vehicle,
45 whether or not a lienholder appears on the title in the records of the depart-
46 ment.
47 (910) "Registration" means the registration certificate or certificates
48 and license plate or plates issued under the laws of this state pertaining to
49 the registration of vehicles.
50 (101) "Rental utility trailer" means a utility trailer offered for hire to
51 the general public for private or commercial use.
52 (12) "Replica vehicle." (See "Vehicle," section 49-123, Idaho Code)
53 (113) "Rescission of sale." (See section 28-2-608, Idaho Code)
13
1 (124) "Resident" means for purposes of vehicle registration, titling, a
2 driver's license or an identification card, a person whose domicile has been
3 within Idaho continuously for a period of at least ninety (90) days, excluding
4 a full-time student who is a resident of another state. A person, including a
5 full-time student who has established a domicile in Idaho may declare resi-
6 dency earlier than ninety (90) days for vehicle registration, titling, dri-
7 ver's license and identification card purposes. Establishment of residency
8 shall include a spouse and dependent children who reside with that person in
9 the domicile. A domicile shall not be a person's workplace, vacation or part-
10 time residence.
11 (135) "Residential district." (See "District," section 49-105, Idaho Code)
12 (146) "Residential neighborhood" for purposes of this chapter, is an area
13 abutting a highway which is used primarily for nontransient human habitation,
14 parks and churches.
15 (157) "Revocation of driver's license" means the termination by formal
16 action of the department or as otherwise provided in this title of a person's
17 driver's license or privilege to operate a motor vehicle on the highways,
18 which terminated driver's license or privilege shall not be subject to renewal
19 or restoration except that an application for a new driver's license may be
20 presented and acted upon by the department after the expiration of the appli-
21 cable period of time prescribed in this title.
22 (168) "Revocation of vehicle registration" means the termination by formal
23 action of the department or as otherwise provided in this title of a person's
24 vehicle registration or, in the case of fleets of vehicles, all vehicle regis-
25 trations in each fleet operated by a company. Upon revocation, the privileges
26 of operating the vehicles on Idaho highways is terminated until the difficulty
27 that caused the revocation is corrected and an application for new registra-
28 tion is presented and acted upon.
29 (179) "Ridesharing arrangement" means the nonprofit transportation in a
30 passenger motor vehicle with a seating capacity not exceeding fifteen (15)
31 people including the driver, which is not otherwise used for commercial pur-
32 poses or as a public conveyance, whereby a fixed group, not exceeding fifteen
33 (15) people including passengers and driver, is transported between their res-
34 idences or nearby termini, and their places of employment or educational or
35 other institutions or termini near those places, in a single daily round trip
36 where the driver is also on the way to or from his place of employment or edu-
37 cation or other institution.
38 (1820) "Right-of-way" means the right of one (1) vehicle or pedestrian to
39 proceed in a lawful manner in preference to another vehicle or pedestrian
40 approaching under circumstances of direction, speed and proximity as to give
41 rise to danger of collision unless one grants precedence to the other. The
42 term shall not be interpreted to mean that a highway user is relieved from the
43 duty to exercise reasonable care at all times and from doing everything to
44 prevent an accident. Failure to yield right-of-way shall not be construed as
45 negligence per se or as prima facie evidence of negligence.
46 (219) "Roadway" means that portion of a highway improved, designed or
47 ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms
48 and rights-of-way.
49 SECTION 8. That Section 49-120, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 49-120. DEFINITIONS -- S. (1) "Saddlemount combination" means a combina-
52 tion of vehicles in which a truck or truck tractor tows one (1), two (2) or
53 three (3) trucks or truck tractors, each connected by a saddle to the frame or
14
1 fifth wheel of the vehicle in front of it. The saddle is a mechanism that
2 connects the front axle of the towed vehicle to the frame or fifth wheel of
3 the vehicle in front and functions like a fifth wheel kingpin connection. A
4 smaller vehicle mounted completely on the frame of either the first or last
5 vehicle may be used in a saddlemount combination.
6 (2) "Safety glazing materials" means glazing materials so constructed,
7 treated or combined with other materials as to reduce substantially, in com-
8 parison with ordinary sheet glass or plate glass, the likelihood of injury to
9 persons by objects from exterior sources or by these safety glazing materials
10 when they may be cracked or broken.
11 (3) "Safety zone" means the area or space officially set apart within a
12 highway for the exclusive use of pedestrians and which is protected or is so
13 marked or indicated by adequate signs as to be plainly visible at all times
14 while set apart as a safety zone.
15 (4) "Salvage pool" means a licensed vehicle dealer engaged primarily in
16 the business of disposing of salvage vehicles, recovered stolen vehicles, or
17 both.
18 (5) "Salvage vehicle." (See "Vehicle," section 49-123, Idaho Code)
19 (6) "School bus" means every motor vehicle that complies with the color
20 and identification requirements set forth in the most recent edition of
21 "Minimum Standards for School Buses" and is used to transport children to or
22 from school or in connection with school approved activities and includes
23 buses operated by contract carriers.
24 (67) "Secretary" means the secretary of transportation of the United
25 States.
26 (78) "Security agreement." (See section 28-9-102, Idaho Code)
27 (89) "Security interest." (See section 28-1-201, Idaho Code)
28 (910) "Sell," "sold," "buy," and "purchase," mean and include, as used in
29 sections 49-2401 through 49-2406, Idaho Code, exchange, barter, gift, and
30 offer or contract to sell or buy.
31 (101) "Semitrailer." (See "Trailer," section 49-121, Idaho Code)
32 (112) "Serious traffic violation" means conviction of an offense specified
33 in 49 CFR part 383 and including any subsequent amendments thereto, while
34 operating a commercial motor vehicle, and shall include driving a commercial
35 motor vehicle:
36 (a) Without obtaining a commercial driver's license; or
37 (b) Without having a commercial driver's license in the driver's posses-
38 sion; or
39 (c) Without the proper license class of commercial driver's license or
40 endorsements for the specific vehicle group being operated or for the pas-
41 sengers or type of cargo being transported.
42 (123) "Sidewalk" means that portion of a street between the curb lines, or
43 the lateral lines of a roadway, and the adjacent property lines intended for
44 use by pedestrians.
45 (134) "Signal." (See "Railroad sign," section 49-119, Idaho Code)
46 (145) "Skills test" means an actual demonstration of ability to exercise
47 ordinary and reasonable control in the operation of a motor vehicle.
48 (156) "Slow moving vehicle" means any vehicle not normally operated upon
49 the highways.
50 (167) "Snow tire." (See "Tires," section 49-121, Idaho Code)
51 (178) "Sold." (See "Sell," "buy," and "purchase," this section)
52 (189) "Solid rubber tire." (See "Tires," section 49-121, Idaho Code)
53 (1920) "Special license plate" means a license plate that is made avail-
54 able to the public as a personal alternative to the standard issue license
55 plate. No special program fee shall be charged for the registration or plates
15
1 issued under sections 49-403, 49-403A, 49-404, 49-405, 49-410, 49-415, 49-415A
2 and 49-415B, Idaho Code.
3 (201) "Special mobile equipment" means every vehicle not designed or used
4 primarily for the transportation of persons or property and only incidentally
5 operated or moved over a highway, including: ditch-digging apparatus, well-
6 boring apparatus and road construction and maintenance machinery such as
7 asphalt spreaders, bituminous mixers, bucket loaders, tractors other than
8 truck tractors, ditchers, leveling graders, finishing machines, motor graders,
9 road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels
10 and drag lines, and self-propelled cranes, and earth moving equipment. The
11 term does not include travel trailers, dump trucks, truck mounted transit
12 mixers, cranes or shovels, or other vehicles designed for the transportation
13 of persons or property to which machinery has been attached.
14 (212) "Specially constructed vehicle." (See "Vehicle," section 49-123,
15 Idaho Code)
16 (223) "Stand" or "standing" means the halting of a vehicle, whether occu-
17 pied or not, otherwise than temporarily for the purpose of and while actually
18 engaged in receiving or discharging passengers.
19 (234) "State" means a state, territory or possession of the United States,
20 the District of Columbia, the Commonwealth of Puerto Rico or a province of
21 Canada.
22 (245) "Stop" means the act of or complete cessation from movement.
23 (256) "Stopping" means the act of any halting even momentarily of a vehi-
24 cle.
25 (267) "Street." (See "Highways," section 49-109, Idaho Code)
26 (278) "Street rod" means any pre-1949 vehicle which has had a significant
27 drive train update from a more modern vehicle. Changes may include engine,
28 transmission, rear axle, and other suspension components. The body will be,
29 or resemble the same as the manufacturer's original issue after its first sale
30 after manufacture.
31 (289) "Studded tire." (See "Tires," section 49-121, Idaho Code)
32 (2930) "Substandard width lane" means a lane that is too narrow for a
33 bicycle and a motor vehicle to travel safely side by side within the lane.
34 (301) "Supplemental lot" means a physically separate location owned and
35 maintained by a licensed dealer or manufacturer within the same or adjacent
36 county as the principal place of business which meets all the requirements for
37 a principal place of business.
38 (312) "Suspension of driver's license" means the temporary withdrawal by
39 formal action of the department or as otherwise provided in this title of a
40 person's driver's license or privilege to operate a motor vehicle on the pub-
41 lic highways, which temporary withdrawal shall be for a period specifically
42 designated by the department.
43 (323) "Suspension of vehicle registration" means the temporary withdrawal
44 by formal action of the department or as otherwise provided in this title of a
45 person's vehicle registration or, in the case of fleets of vehicles, all vehi-
46 cle registrations in each fleet operated by a company. Upon suspension, the
47 privileges of operating the vehicle or vehicles on Idaho highways is termi-
48 nated until the difficulty that caused the suspension is corrected and notifi-
49 cation is provided that the suspension has been lifted.
50 SECTION 9. That Section 49-121, Idaho Code, be, and the same is hereby
51 amended to read as follows:
52 49-121. DEFINITIONS -- T. (1) "Temporary supplemental lot" means a loca-
53 tion other than the principal place of business, or supplemental lot within
16
1 the same or adjacent county as the principal place of business, where a
2 licensed dealer may secure a license to conduct the business and is licensed
3 for a period of time not to exceed ten (10) days for a specific purpose such
4 as auto shows, auctions, shopping center promotions, tent sales, etc. Tempo-
5 rary supplemental lots shall meet all local zoning and building codes for the
6 type of business being conducted. The requirements for a principal place of
7 business shall not be applicable to temporary supplemental lot locations. The
8 adjacent county restriction shall not apply if the dealer holds the franchise
9 for the products to be displayed or sold and has approval from a manufacturer
10 for the location where the proposed temporary supplemental lot license will be
11 issued by the department. Nonfranchised dealers shall be permitted to tempo-
12 rarily display or sell their products within a one hundred seventy-five (175)
13 mile radius of their principal place of business, upon approval by the depart-
14 ment.
15 (2) "Tires" means:
16 (a) Metal. Every tire the surface of which in contact with the highway is
17 wholly or partly of metal or other hard, nonresilient material.
18 (b) Pneumatic. Every tire in which compressed air is designed to support
19 the load.
20 (c) Snow tire. Every rubber tire with tread design or material embedded
21 in the tire to improve winter traction except studded tires.
22 (d) Solid rubber. Every tire of rubber or other resilient material which
23 does not depend upon compressed air for the support of the load.
24 (e) Studded tire. Every tire with built-in lugs of tungsten carbide or
25 other suitable material designed to contact the road surface for improved
26 winter traction.
27 (3) "Total loss vehicle." (See "Vehicle," section 49-123, Idaho Code)
28 (4) "Traffic" means pedestrians, ridden or herded animals, vehicles,
29 streetcars and other conveyances either singly or together while using any
30 highway for purposes of travel.
31 (45) "Traffic lane" or "lane of travel" means that portion of the roadway
32 for movement of a single line of vehicles.
33 (56) "Traffic-control device" means any device, whether manually, elec-
34 trically or mechanically operated, placed or erected by authority of a public
35 body or official having jurisdiction, for the purpose of regulating, warning
36 or guiding traffic.
37 (67) "Trailer" means:
38 (a) General. Every vehicle without motive power designed for carrying
39 persons or property and for being drawn by a motor vehicle.
40 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as
41 a travel trailer but constructed with a raised forward section that allows
42 a bi-level floor plan. This style is designed to be towed by a vehicle
43 equipped with a device known as a fifth-wheel hitch, which is typically
44 installed in the bed of a pickup truck.
45 (c) Fold down camping trailer. A vehicular portable unit mounted on
46 wheels and constructed with collapsible partial side walls, which fold for
47 towing by another vehicle and unfold at the campsite to provide temporary
48 living quarters, for recreational, camping or travel use.
49 (d) Park trailer. A trailer designed to be towed by a motorized vehicle,
50 and of such size and weight as not to require a special highway movement
51 permit. It is designed for seasonal or temporary living quarters and may
52 be connected to utilities necessary for operation of installed fixtures
53 and appliances. It is built on a single permanent chassis and constructed
54 to permit set up by persons without special skills.
55 (e) Pole trailer. Every vehicle without motive power designed to be drawn
17
1 by another vehicle and attached to the towing vehicle by means of a reach
2 or pole or by being boomed or otherwise secured to the towing vehicle, and
3 ordinarily used for transporting long or irregularly shaped loads such as
4 poles, pipes, or structural members capable, generally, of sustaining
5 themselves as beams between the supporting connections.
6 (f) Semitrailer. Every vehicle without motive power, designed for carry-
7 ing persons or property and for being drawn by a motor vehicle and so con-
8 structed that some part of its weight and that of its load rests upon or
9 is carried by the towing vehicle.
10 (g) Travel trailer. A vehicular unit, mounted on wheels designed to pro-
11 vide temporary living quarters for recreational, camping, travel or emer-
12 gency use and of such size or weight as not to require special highway
13 movement permits when towed by a motorized vehicle.
14 (h) Utility trailer. (See "Utility Ttrailer," section 49-122, Idaho Code)
15 (78) "Transitional ownership document" means a document used to perfect a
16 lien against creditors or subsequent purchasers when the primary ownership
17 document is not available and the selling dealer, new security interest holder
18 or their agent, to the best of their knowledge, will not have possession of
19 the primary ownership document, within twenty (20) days, and contains all of
20 the following:
21 (a) The date of sale or if no sale is involved, the date the contract or
22 security agreement being perfected was signed;
23 (b) The name and address of each owner of the vehicle;
24 (c) The name and address of each security interest holder;
25 (d) If there are multiple security interest holders, the priorities of
26 interest if the security interest holders do not jointly hold a single
27 security interest;
28 (e) The vehicle identification number;
29 (f) The name of the security interest holder or person who submits the
30 transitional ownership document for the security interest holder; and
31 (g) Any other information the department may require for its records.
32 (89) "Transportation," for the purposes of chapter 22, title 49, Idaho
33 Code, means the movement of any regulated quantity of hazardous material or
34 hazardous waste within, through, or to any destination in this state upon the
35 highways of this state.
36 (910) "Transporter" means every person engaged in the business of deliver-
37 ing vehicles of a type required to be registered from a manufacturing, assem-
38 bling or distributing plant to dealers or sales agents of a manufacturer,
39 except in chapter 22, title 49, Idaho Code, where it means any person who
40 transports a hazardous material or hazardous waste within, through, or to any
41 destination upon the highways of this state.
42 (101) "Truck" means:
43 (a) Refuse/sanitation. Any vehicle designed and used solely for the pur-
44 pose of transporting refuse.
45 (b) General. Every motor vehicle exceeding eight thousand (8,000) pounds
46 gross weight designed, used or maintained primarily for the transportation
47 of property.
48 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross
49 weight or less which is designed, used or maintained primarily for the
50 transportation of property.
51 (d) Truck camper. A portable unit constructed to provide temporary living
52 quarters for recreational, travel or camping use, consisting of a roof,
53 floor, and sides, designed to be loaded onto and unloaded from the bed of
54 a pickup truck.
55 (e) Truck tractor. Every motor vehicle designed and used primarily for
18
1 drawing other vehicles but not so constructed as to carry a load other
2 than a part of the weight of the vehicle and load so drawn.
3 (112) "True mileage driven" means the mileage of the vehicle as registered
4 by the odometer within the manufacturer's designed tolerance.
5 SECTION 10. That Section 49-123, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 49-123. DEFINITIONS -- V. (1) "Variable load suspension axle" means an
8 axle or axles designed to support a part of the vehicle and load and which can
9 be regulated to vary the amount of load supported by such an axle or axles and
10 which can be deployed or lifted by the operator of the vehicle. See also sec-
11 tion 49-117, Idaho Code.
12 (a) "Fully raised" means that the variable load suspension axle is in an
13 elevated position preventing the tires on such axle from having any con-
14 tact with the roadway.
15 (b) "Fully deployed" means that the variable load suspension axle is sup-
16 porting a portion of the weight of the loaded vehicle as controlled by the
17 preset pressure regulator valve.
18 (2) "Vehicle" means:
19 (a) General. Every device in, upon, or by which any person or property is
20 or may be transported or drawn upon a highway, excepting devices used
21 exclusively upon stationary rails or tracks.
22 (b) Authorized emergency vehicle. Vehicles operated by any fire depart-
23 ment or law enforcement agency of the state of Idaho or any political sub-
24 division of the state, ambulances, vehicles belonging to personnel of vol-
25 untary fire departments while in performance of official duties only,
26 vehicles belonging to, or operated by EMS personnel certified or otherwise
27 recognized by the EMS bureau of the Idaho department of health and welfare
28 while in the performance of emergency medical services, sheriff's search
29 and rescue vehicles which are under the immediate supervision of the
30 county sheriff, wreckers which are engaged in motor vehicle recovery oper-
31 ations and are blocking part or all of one (1) or more lanes of traffic,
32 other emergency vehicles designated by the director of the Idaho state
33 police or vehicles authorized by the Idaho transportation board and used
34 in the enforcement of laws specified in section 40-510, Idaho Code, per-
35 taining to vehicles of ten thousand (10,000) pounds or greater.
36 (c) Commercial vehicle or commercial motor vehicle. For the purposes of
37 chapter 3 of this title, (driver's licenses), a motor vehicle or combina-
38 tion of motor vehicles designed or used to transport passengers or prop-
39 erty if the motor vehicle:
40 1. Has a manufacturer's gross combination weight rating (GCWR) in
41 excess of twenty-six thousand (26,000) pounds inclusive of a towed
42 unit with a manufacturer's gross vehicle weight rating (GVWR) of more
43 than ten thousand (10,000) pounds; or
44 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess
45 of twenty-six thousand (26,000) pounds; or
46 3. Is designed to transport sixteen (16) or more people, including
47 the driver; or
48 4. Is of any size and is used in the transportation of materials
49 found to be hazardous for the purposes of the hazardous material
50 transportation act and which require the motor vehicle to be
51 placarded under the hazardous materials regulations (49 CFR part 172,
52 subpart F).
53 For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis-
19
1 tration), a vehicle or combination of vehicles of a type used or main-
2 tained for the transportation of persons for hire, compensation or profit,
3 or the transportation of property for the owner of the vehicle, or for
4 hire, compensation, or profit, and shall include fixed load specially con-
5 structed vehicles exceeding the limits imposed by chapter 10, title 49,
6 Idaho Code, and including drilling rigs, construction, drilling and wreck-
7 er cranes, log jammers, log loaders, and similar vehicles which are nor-
8 mally operated in an overweight or oversize condition or both, but shall
9 not include those vehicles registered pursuant to sections 49-402 and
10 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor
11 vehicle used in a ridesharing arrangement that has a seating capacity for
12 not more than fifteen (15) persons, including the driver, shall not be a
13 "commercial vehicle" under the provisions of this title relating to equip-
14 ment requirements, rules of the road, or registration.
15 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer
16 or rancher, which are operated over public highways, and used exclusively
17 to transport unprocessed agricultural, dairy or livestock products raised,
18 owned and grown by the owner of the vehicle to market or place of storage;
19 and shall include the transportation by the farmer or rancher of any
20 equipment, supplies or products purchased by that farmer or rancher for
21 his own use, and used in the farming or ranching operation or used by a
22 farmer partly in transporting agricultural products or livestock from the
23 farm of another farmer that were originally grown or raised on the farm,
24 or when used partly in transporting agricultural supplies, equipment,
25 materials or livestock to the farm of another farmer for use or consump-
26 tion on the farm but not transported for hire, and shall not include vehi-
27 cles of husbandry or vehicles registered pursuant to sections 49-402 and
28 49-402A, Idaho Code.
29 (e) Foreign vehicle. Every vehicle of a type required to be registered
30 under the provisions of this title brought into this state from another
31 state, territory or country other than in the ordinary course of business
32 by or through a manufacturer or dealer and not registered in this state.
33 (f) Glider kit vehicle. Every large truck manufactured from a kit manu-
34 factured by a manufacturer of large trucks which consists of a frame, cab
35 complete with wiring, instruments, fenders and hood and front axles and
36 wheels. The "glider kit" is made into a complete assembly by the addition
37 of the engine, transmission, rear axles, wheels and tires.
38 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi-
39 cle which is propelled by electric power obtained from overhead trolley
40 wires but not operated upon rails, except meets federal motor vehicle
41 safety standards as defined in section 49-107, Idaho Code. For purposes of
42 chapters 3, 12 and 24 of this title 49, motor vehicle shall include all-
43 terrain vehicles, utility type vehicles, motor-driven cycles, motorbikes
44 and mopeds. Motor vehicle does not include vehicles moved solely by human
45 power, electric personal assistive mobility devices and motorized
46 wheelchairs or other such vehicles that are specifically exempt from
47 titling or registration requirements under title 49, Idaho Code.
48 (h) Multipurpose passenger vehicle (MPV). For the purposes of section
49 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer
50 persons which is constructed either on a truck chassis or with special
51 features for occasional off-road operation.
52 (i) Neighborhood electric vehicle (NEV). A self-propelled, electrically-
53 powered, four-wheeled motor vehicle which is emission free and conforms to
54 the definition and requirements for low-speed vehicles as adopted in the
55 federal motor vehicle safety standards for low-speed vehicles under fed-
20
1 eral regulations at 49 CFR part 571. An NEV shall be titled, registered
2 and insured according to law as provided respectively in chapters 4, 5 and
3 12, title 49, Idaho Code, and shall only be operated by a licensed driver.
4 Operation of an NEV on a highway shall be allowed as provided in section
5 49-663, Idaho Code.
6 (j) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho
7 Code, (motor vehicle registration), a noncommercial vehicle shall not
8 include those vehicles required to be registered under sections 49-402 and
9 49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
10 cles which are not commercial vehicles or farm vehicles, but shall include
11 motor homes. A noncommercial vehicle shall include those vehicles having a
12 combined gross weight not in excess of sixty thousand (60,000) pounds and
13 not held out for hire, used for purposes related to private use and not
14 used in the furtherance of a business or occupation for compensation or
15 profit or for transporting goods for other than the owner.
16 (k) Passenger car. For the purposes of section 49-966, Idaho Code, a
17 motor vehicle, except a multipurpose passenger vehicle, motorcycle or
18 trailer, designed to carry ten (10) or fewer persons.
19 (l) Reconstructed or repaired vehicle. Every vehicle that has been
20 rebuilt or repaired using like make and model parts and visually appears
21 as a vehicle that was originally constructed under a distinctive manufac-
22 turer. This includes a salvage vehicle which is damaged to the extent that
23 a "reconstructed vehicle" or "repaired vehicle" brand is required, and
24 other vehicles which have been reconstructed by the use of a kit designed
25 to be used to construct an exact replica of a vehicle which was previously
26 constructed under a distinctive name, make, model or type by a generally
27 recognized manufacturer of vehicles. A glider kit vehicle is not a recon-
28 structed vehicle.
29 (m) "Replica vehicle" means a vehicle made to replicate any passenger car
30 or truck previously manufactured, using metal, fiberglass or other compos-
31 ite materials. Replica vehicles must look like the original vehicle being
32 replicated but may use a more modern drive train. At a minimum, replica
33 vehicles shall meet the same federal safety and emission standards in
34 effect for the year and type of vehicle being replicated.
35 (n) Salvage vehicle. Any vehicle for which a salvage certificate, salvage
36 bill of sale or other documentation showing evidence that the vehicle has
37 been declared salvage or which has been damaged to the extent that the
38 owner, or an insurer, or other person acting on behalf of the owner,
39 determines that the cost of parts and labor minus the salvage value makes
40 it uneconomical to repair or rebuild. When an insurance company has paid
41 money or has made other monetary settlement as compensation for a total
42 loss of any motor vehicle, such motor vehicle shall be considered to be a
43 salvage vehicle.
44 (no) Specially constructed vehicle. Every vehicle of a type required to
45 be registered not originally constructed under a distinctive name, make,
46 model or type by a generally recognized manufacturer of vehicles and not
47 materially altered from its original construction and cannot be visually
48 identified as a vehicle produced by a particular manufacturer. This
49 includes:
50 1. A vehicle that has been structurally modified so that it does not
51 have the same appearance as a similar vehicle from the same manufac-
52 turer; or
53 2. A vehicle that has been constructed entirely from homemade parts
54 and materials not obtained from other vehicles; or
55 3. A vehicle that has been constructed by using major component
21
1 parts from one (1) or more manufactured vehicles and cannot be iden-
2 tified as a specific make or model; or
3 4. A vehicle constructed by the use of a custom kit that cannot be
4 visually identified as a specific make or model.
5 All specially constructed vehicles of a type required to be registered,
6 shall be certified by the owner to meet the federal motor vehicle safety
7 standards and all requirements of chapter 9 of this title 49, Idaho Code.
8 (op) Total loss vehicle. Every vehicle that is deemed to be uneconomical
9 to repair due to scrapping, dismantling or destruction. A total loss shall
10 occur when an insurance company or any other person pays or makes other
11 monetary settlement to the owner when it is deemed to be uneconomical to
12 repair the damaged vehicle. The compensation for total loss as defined
13 herein shall not include payments by an insurer or other person for medi-
14 cal care, bodily injury, vehicle rental or for anything other than the
15 amount paid for the actual damage to the vehicle.
16 (3) "Vehicle identification number." (See "Identifying number," section
17 49-110, Idaho Code)
18 (4) "Vehicle salesman" means any person who, for a salary, commission or
19 compensation of any kind, is employed either directly or indirectly, or regu-
20 larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
21 tiate for the sale, purchase or exchange of vehicles. (See also "full-time
22 salesman," section 49-107, Idaho Code, and "part-time salesman," section
23 49-117, Idaho Code)
24 (5) "Vessel." (See section 67-7003, Idaho Code)
25 (6) "Veteran." (See section 65-502, Idaho Code)
26 (7) "Violation" means a conviction of a misdemeanor charge involving a
27 moving traffic violation, or an admission or judicial determination of the
28 commission of an infraction involving a moving traffic infraction, except
29 bicycle infractions.
30 SECTION 11. That Section 49-201, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 49-201. DUTIES OF BOARD. (1) With the exception of requirements for sec-
33 tions 49-217 and 49-218 and chapters 6 and 9, title 49, Idaho Code, which
34 shall be the responsibility of the director of the Idaho state police, and
35 section 49-447, Idaho Code, which shall be the responsibility of the director
36 of the department of parks and recreation, the board shall adopt and enforce
37 administrative rules and may designate agencies or enter into agreements with
38 private companies or public entities as may be necessary to carry out the pro-
39 visions of this title. It shall also provide suitable forms for applications,
40 registration cards, vehicle licenses, and all other forms requisite for the
41 purpose of the provisions of this title, and shall prepay all transportation
42 charges.
43 (2) The board may enter into agreements, compacts or arrangements with
44 other jurisdictions on behalf of Idaho for the purpose of conforming proce-
45 dures for proportional registration of commercial vehicles and other types of
46 reciprocal agreements. Copies of agreements, compacts or arrangements shall be
47 placed on file in the department and the board shall, as to all filings and
48 adoption, conform with the provisions of chapter 52, title 67, Idaho Code. The
49 board may approve, on a case by case basis, exemption from operating fees for
50 private nonprofit entities who are bringing public interest programs into the
51 state. These entities may not be in competition with companies who transport
52 goods and services for hire.
53 (3) The board shall adopt a manual and specifications for a uniform sys-
22
1 tem of traffic-control devices consistent with the provisions of this title
2 for use upon highways within the state. The uniform system shall correlate
3 with, and so far as possible, conform to the system set forth in the most
4 recent edition of the manual on uniform traffic control devices for streets
5 and highways and other standards issued or endorsed by the federal highway
6 administrator.
7 (4) Whenever the board shall determine upon the basis of an engineering
8 and traffic investigation that any maximum speed is greater or less than is
9 reasonable or safe under the conditions found to exist at any intersection or
10 other place or upon any part of the state highway or interstate highway sys-
11 tem, the board may determine and declare a reasonable and safe maximum limit,
12 thereat, not exceeding a maximum limit of seventy-five (75) miles per hour on
13 interstate highways and sixty-five (65) miles per hour on state highways,
14 which shall be effective when appropriate signs giving notice are erected. The
15 speed limit may be declared to be effective at all times or at the times as
16 indicated upon the signs. Differing limits may be established for different
17 times of day, different types of vehicles, varying weather conditions, and
18 other factors bearing on safe speeds, which shall be effective when posted
19 upon appropriate fixed or variable signs. The authority of the board to estab-
20 lish speed limits on state highways pursuant to this section does not restrict
21 the authority of the duly elected officials of an incorporated city acting in
22 the capacity of a local authority to establish lower speed limits for portions
23 of state highways, excluding controlled access and interstate highways, that
24 pass through residential, urban or business districts within the jurisdiction
25 of the incorporated city, for the purpose of enhancing motorist and pedestrian
26 safety.
27 (5) The board shall adopt and enforce rules as may be consistent with and
28 necessary to determine the classification of and the basis on which fees shall
29 be computed.
30 (6) The board may designate sections of state highways over which vehi-
31 cles registered under section 49-402(4) or section 67-7122, Idaho Code, may
32 cross. The requirements of title 18 and chapters 6, 8, 12, 13 and 14 of title
33 49, Idaho Code, shall apply to such vehicles operated on state highways desig-
34 nated under this subsection (6). Costs related to the posting of signs on such
35 highways, which indicate the authorized use, shall be eligible for reimburse-
36 ment through the motorbike recreation account created in section 67-7126,
37 Idaho Code.
38 SECTION 12. That Section 49-208, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 49-208. POWERS OF LOCAL AUTHORITIES. (1) The provisions of this title
41 shall not be deemed to prevent local authorities with respect to highways
42 under their jurisdiction and within the reasonable exercise of the police
43 power from:
44 (a) Regulating or prohibiting stopping, standing or parking;
45 (b) Regulating traffic by means of peace officers or traffic-control
46 devices;
47 (c) Regulating or prohibiting processions or assemblages on the highways;
48 (d) Designating particular highways for use by traffic moving in one
49 direction;
50 (e) Establishing speed limits for vehicles in public parks;
51 (f) Designating any highway as a through highway or designating any
52 intersection or junction of highways as a stop or yield intersection or
53 junction;
23
1 (g) Restricting the use of highways as authorized in chapter 10, title
2 49, Idaho Code;
3 (h) Regulating or prohibiting the turning of vehicles or specified types
4 of vehicles;
5 (i) Altering or establishing speed limits;
6 (j) Designating no-passing zones;
7 (k) Prohibiting or regulating the use of controlled-access highways by
8 any class or kind of traffic;
9 (l) Prohibiting or regulating the use of heavily traveled highways by any
10 class or kind of traffic found to be incompatible with the normal and safe
11 movement of traffic;
12 (m) Establishing minimum speed limits;
13 (n) Prohibiting pedestrians from crossing a highway in a business dis-
14 trict or any designated highway except in a crosswalk;
15 (o) Restricting pedestrian crossings at unmarked crosswalks;
16 (p) Establishing the maximum speed of vehicles on a bridge or other ele-
17 vated structure;
18 (q) Requiring written accident reports;
19 (r) Regulating persons propelling pushcarts;
20 (s) Regulating persons upon skates, coasters, sleds and other toy vehi-
21 cles;
22 (t) Adopting and enforcing temporary or experimental regulations as may
23 be necessary to cover emergencies or special conditions.;
24 (u) Prohibiting drivers of ambulances from exceeding maximum speed lim-
25 its;
26 (v) Adopting such other traffic regulations as are specifically autho-
27 rized by this title;
28 (w) Allowing the duly elected officials of an incorporated city acting in
29 the capacity as a local authority to establish maximum speed limits on
30 portions of state highways, excluding controlled access and interstate
31 highways, in residential, urban or business districts within the jurisdic-
32 tion of the incorporated city, so long as the maximum speed limit estab-
33 lished by the incorporated city is lower than the maximum speed limit
34 established by the department and is intended to promote motorist and
35 pedestrian safety.
36 (2) No ordinance or regulation enacted under paragraphs (d) through (p)
37 of subsection (1) of this section shall be effective until traffic-control
38 devices giving notice of local traffic regulations are erected upon or at the
39 entrances to the highway or part affected as may be most appropriate.
40 (3) No local authority shall erect or maintain any traffic-control device
41 at any location so as to require traffic on any state highway to stop before
42 entering or crossing any intersecting highway unless approval in writing has
43 first been obtained from the department.
44 (4) Local authorities by ordinance may adopt by reference all or any part
45 of title 49, Idaho Code, without publishing or posting in full the provisions
46 thereof, provided that not less than one (1) copy is available for public use
47 and examination in the office of the clerk.
48 (5) Local authorities may adopt an ordinance establishing procedures for
49 the abatement and removal of abandoned, junk, dismantled or inoperative vehi-
50 cles or their parts from private or public property, including highways, pro-
51 vided the ordinance is not in conflict with the provisions of this title.
52 (6) A local authority may adopt local ordinances designating paved high-
53 ways or sections of paved highways under its jurisdiction upon which vehicles
54 registered under section 49-402(4), Idaho Code, and motorbikes registered
55 under section 67-7122, Idaho Code, may be operated. A local authority may, by
24
1 ordinance, prohibit such vehicles from operating on unpaved roads or portions
2 thereof under its jurisdiction.
3 (a) No controlled access highways shall be designated under this subsec-
4 tion (6).
5 (b) The requirements of title 18 and chapters 6, 8, 12, 13 and 14 of
6 title 49, Idaho Code, shall apply to such vehicles operated on unpaved
7 roads, paved highways or sections of paved highways designated under this
8 subsection (6).
9 (c) Costs related to the posting of signs on such designated roads, high-
10 ways and sections of highways, which reference the particular authorizing
11 ordinance or which indicate the authorized use, shall be eligible for
12 reimbursement through the motorbike recreation account created in section
13 67-7126, Idaho Code.
14 SECTION 13. That Section 49-302, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 49-302. WHAT PERSONS ARE EXEMPT FROM LICENSE. The following persons are
17 exempt from licensing if driving privileges are not suspended, canceled,
18 revoked, disqualified, denied or refused:
19 (1) Any person while driving or operating any farm tractor or implement
20 of husbandry when incidentally operated on a highway.
21 (2) Farmers are exempt from obtaining a class A, B or C driver's license
22 to operate a commercial motor vehicle which is:
23 (a) Controlled and operated by a farmer, including operation by employees
24 or family members; and
25 (b) Used to transport either agricultural products, farm machinery, farm
26 supplies, or both, to or from a farm; and
27 (c) Not used in the operations of a common or contract motor carrier; and
28 (d) Used within one hundred fifty (150) miles of the person's farm.
29 (3) Any person is exempt from obtaining a class A, B or C driver's
30 license for the operation of commercial motor vehicles which are necessary to
31 the preservation of life or property or the execution of emergency governmen-
32 tal functions, are equipped with audible and visual signals, and are not sub-
33 ject to normal traffic regulations.
34 (4) Any person is exempt from obtaining a class A, B or C license to
35 operate a commercial vehicle which is exclusively used to transport personal
36 possessions or family members for nonbusiness or recreational purposes.
37 (5) A nonresident who is at least fifteen (15) years of age and who has
38 in his immediate possession a valid driver's license issued to him in his home
39 state or country may operate a motor vehicle in Idaho only as a class D oper-
40 ator with driving privileges restricted to daylight hours only except as pro-
41 vided in section 49-307(7), Idaho Code, and with full privileges at sixteen
42 (16) years of age, and only if Idaho residency is not established.
43 (6) A nonresident who is at least fifteen (15) years of age and who has
44 in his possession a valid driver's license with a motorcycle endorsement or
45 who has a valid motorcycle driver's license issued to him in his home state or
46 country may operate a motorcycle in Idaho with driving privileges restricted
47 to daylight hours only, and with full privileges at sixteen (16) years of age.
48 (7) A nonresident who has in his immediate possession a valid commercial
49 driver's license issued to him in his home state or country may operate a
50 motor vehicle in Idaho.
51 (8) A nonresident on active duty in the armed forces of the United States
52 who has a valid driver's license issued by his home jurisdiction, and such
53 nonresident's spouse or dependent son or daughter who has a valid driver's
25
1 license issued by such person's home jurisdiction.
2 (9) Any active duty military personnel, active duty U.S. coast guard per-
3 sonnel, and members of the reserves and national guard on active duty includ-
4 ing personnel on full-time national guard duty, personnel on part-time train-
5 ing and national guard military technicians who as civilians are required to
6 wear military uniforms and are subject to the code of military justice, are
7 exempt from obtaining a commercial driver's license to operate military vehi-
8 cles. This exemption does not apply to U.S. reserve technicians.
9 (10) Any person with a valid driver's license issued in their name is
10 exempt from the requirement to obtain a motorcycle endorsement on the license
11 when operating a moped or when operating a motorcycle motorbike on highways or
12 sections of highways designated for unregistered motorcycle motorbike use
13 under section 49-201 or 49-208, Idaho Code. No motorcycle endorsement on the
14 license is required for operation of a motorcycle under the agricultural
15 exemption specified in section 49-426(3), Idaho Code.
16 SECTION 14. That Section 49-402, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
19 truck, each neighborhood electric vehicle and each other motor vehicle having
20 a maximum gross weight not in excess of eight thousand (8,000) pounds and that
21 complies with the federal motor vehicle safety standards as defined in section
22 49-107, Idaho Code, shall be:
23 Vehicles one (1) and two (2) years old ............................ $48.00
24 Vehicles three (3) and four (4) years old ......................... $36.00
25 Vehicles five (5) and six (6) years old ........................... $36.00
26 Vehicles seven (7) and eight (8) years old ........................ $24.00
27 Vehicles over eight (8) years old ................................. $24.00
28 There shall be twelve (12) registration periods, starting in January for
29 holders of validation registration stickers numbered 1, and proceeding consec-
30 utively through December for holders of validation registration stickers num-
31 bered 12, each of which shall start on the first day of a calendar month and
32 end on the last day of the twelfth month from the first day of the beginning
33 month. Registration periods shall expire midnight on the last day of the reg-
34 istration period in the year designated by the validation registration
35 sticker. The numeral digit on the validation registration stickers shall, as
36 does the registration card, fix the registration period under the staggered
37 plate system of Idaho for the purpose of reregistration and notice of expira-
38 tion.
39 A vehicle that has once been registered for any of the above designated
40 periods shall, upon reregistration, be registered for the period bearing the
41 same number, and the registration card shall show and be the exclusive proof
42 of the expiration date of registration and licensing. Vehicles may be ini-
43 tially registered for less than a twelve (12) month period, or for more than a
44 twelve (12) month period, and the fee prorated on a monthly basis if the frac-
45 tional registration tends to fulfill the purpose of the monthly series regis-
46 tration system.
47 (2) For all school buses operated either by a nonprofit, nonpublic school
48 or operated pursuant to a service contract with a school district for trans-
49 porting children to or from school or in connection with school approved
50 activities, the annual fee shall be twenty-four dollars ($24.00).
51 (3) For all motorcycles and all-terrain vehicles motor-driven cycles that
52 comply with the federal motor vehicle safety standards, and mopeds operated
53 upon the public highways, the annual fee shall be nine ten dollars ($910.00).
26
1 For operation of an all-terrain vehicle or motorcycles and other vehicles as
2 specified in section 67-7122, Idaho Code, off the public highways, the fee
3 specified in section 67-7122, Idaho Code, shall be paid. Registration exemp-
4 tions provided in section 49-426(2), (3) and (4), Idaho Code, apply to all-
5 terrain vehicles and motorcycles used for the purposes described in subsec-
6 tions (2), (3) and (4) of section 49-426, Idaho Code.
7 (4) Upon payment of an annual ten dollar ($10.00) fee, all-terrain vehi-
8 cles and utility type vehicles shall be issued an "ATV/UTV" license plate and
9 may be operated on:
10 (a) Unpaved roads, unless specifically prohibited by the local highway
11 jurisdiction under the provisions of section 49-208, Idaho Code; and
12 (b) Highways designated as prescribed in section 49-201 and section
13 49-208, Idaho Code; and
14 (c) Unpaved highways located on state public lands or federal public
15 lands that are not part of the highway system of the state of Idaho, a
16 county, highway district or city.
17 All-terrain vehicles and utility type vehicles are exempt from the federal
18 motor vehicle safety standards.
19 (5) For all motor homes the fee shall be as specified in subsection (1)
20 of this section and shall be in addition to the fees provided for in section
21 49-445, Idaho Code.
22 (56) Registration fees shall not be subject to refund.
23 (67) A financial institution or repossession service contracted to a
24 financial institution repossessing vehicles under the terms of a security
25 agreement shall move the vehicle from the place of repossession to the finan-
26 cial institution's place of business on a repossession plate. The repossession
27 plate shall also be used for demonstrating the vehicle to a prospective pur-
28 chaser for a period not to exceed ninety-six (96) hours. The registration fees
29 for repossession plates shall be as required in subsection (1) of this section
30 for a vehicle one (1) and two (2) years old. All other fees required under
31 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
32 The repossession plate shall be issued on an annual basis by the department.
33 (78) In addition to the annual registration fee in this section, there
34 shall be an initial program fee of twenty-five dollars ($25.00) and an annual
35 program fee of fifteen dollars ($15.00) for all special license plate programs
36 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408,
37 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special plates
38 issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an
39 initial program fee of twenty-five dollars ($25.00) but there shall be no
40 annual renewal fee. For special plates issued pursuant to sections 49-415C,
41 49-416A, 49-416B, 49-416C, 49-416D, 49-416E, 49-417, 49-417A, 49-417B,
42 49-417C, 49-418A, 49-418B, 49-418C, 49-418E, 49-419, 49-419A, 49-419B,
43 49-419C, 49-419D, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420E and
44 49-420G, Idaho Code, there shall be an initial program fee of thirty-five dol-
45 lars ($35.00) and an annual program fee of twenty-five dollars ($25.00). The
46 fees contained in this subsection shall be applicable to all new special plate
47 programs. The initial program fee and the annual program fee shall be depos-
48 ited in the state highway account and shall be used to fund the cost of admin-
49 istration of special license plate programs, unless otherwise specified by
50 law.
51 (9) Any vehicle that does not meet federal motor vehicle safety standards
52 shall not be registered and shall not be permitted to operate on public high-
53 ways of the state, as highways are defined in section 40-117, Idaho Code,
54 unless otherwise specifically authorized.
27
1 SECTION 15. That Section 49-402B, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-402B. OPTIONAL BIENNIAL REGISTRATION. (1) At the option of the appli-
4 cant, any vehicle registered under the provisions of section 49-402(1) through
5 (56), Idaho Code, may be registered for a period of two (2) years for a fee
6 that is double the fee currently assessed for annual registration of the vehi-
7 cle in section 49-402, Idaho Code.
8 (2) If any vehicle registered under a special license plate program is
9 registered for a two (2) year period as provided in this section, the regis-
10 trant shall also be required to pay the special programs fees for a two (2)
11 year period.
12 (3) The additional fee collected for emergency medical services pursuant
13 to section 49-452, Idaho Code, or project choice pursuant to section 49-454,
14 Idaho Code, shall also be doubled for any registration issued under the provi-
15 sions of this section.
16 (4) The administrative fee collected for issuance of a motor vehicle reg-
17 istration shall be the same as for an annual registration and shall not be
18 doubled or in any way increased solely because of registration under the pro-
19 visions of this section.
20 SECTION 16. That Section 49-410, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 49-410. SPECIAL LICENSE PLATES AND PLACARDS FOR PERSONS WITH A DISABILITY
23 -- PARKING PRIVILEGES -- PLACARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS --
24 ENFORCEMENT. (1) Any person with a disability as defined in section 49-117,
25 Idaho Code, or any parent or guardian of a dependent child with a disability
26 as defined in section 49-117, Idaho Code, without regard to the age of the
27 dependent child, shall be eligible for the use of special license plates bear-
28 ing the international accessible symbol, for any vehicle owned by such person
29 or owned by a qualified parent or guardian, but excluding any commercial vehi-
30 cle with a registered maximum gross weight over twenty-six thousand (26,000)
31 pounds. The parking privileges granted under the provisions of subsection (7)
32 of this section shall apply to any vehicle displaying special license plates
33 or placard issued pursuant to this section.
34 (2) Registration and license plate fees for vehicles owned by a person
35 with a disability or qualified parent or guardian of a dependent child with a
36 disability, shall be as provided, respectively, in sections 49-402, 49-434(1)
37 and 49-450, Idaho Code. Nothing in this section shall be construed as abrogat-
38 ing provisions of section 49-445, Idaho Code. The use of the special placard
39 issued under the provisions of subsection (4) of this section, shall not
40 exempt the owner of a motor vehicle from otherwise properly registering and
41 licensing the motor vehicle.
42 (3) Special license plates for persons with a disability and for the par-
43 ent or guardian of a dependent child with a disability, shall be the same size
44 and color as other license plates, and shall have displayed upon them the reg-
45 istration numbers assigned to the vehicle and to the owner. The plates shall
46 be numbered in a manner prescribed by the department, but the plates shall
47 display the international accessible symbol.
48 International Accessible Symbol
28
1 (4) The department shall issue a special placard bearing the interna-
2 tional accessible symbol and other information the department may require, to:
3 (a) Any qualified person with a disability who does not own a motor vehi-
4 cle;
5 (b) Any qualified person with a disability who owns a motor vehicle,
6 without regard to weight or use of the vehicle;
7 (c) Any parent or guardian of a dependent child with a disability who
8 owns a motor vehicle without regard to weight or use of the vehicle;
9 (d) Any business entity which is engaged in transportation of persons
10 with a disability, which business shall not be required to submit a
11 physician's certification. In addition to other application requirements,
12 a business applicant shall sign a declaration that he is engaged in the
13 transportation of persons with a disability. A business entity may
14 include, but not be limited to, hospitals, nursing homes, federal, state
15 and local governmental agencies and taxicabs.
16 (5) Any person or business issued a special placard shall affix the spe-
17 cial placard to a motor vehicle in a conspicuous place designated by the
18 department. The placard shall bear distinguishing marks, letters or numerals
19 indicating the vehicle is utilized by a permanently disabled person. When the
20 placard is affixed to a motor vehicle and the motor vehicle is transporting a
21 person with a disability, special parking privileges are granted as provided
22 in subsection (7) of this section.
23 (6) Application for special license plates, a special placard, or both as
24 applicable and at the option of the applicant, shall be made upon a form fur-
25 nished by the department and shall include a written certification by a
26 licensed physician, licensed physician assistant, or licensed advanced prac-
27 tice professional nurse verifying that the applicant's stated impairment qual-
28 ifies as a disability according to the provisions of section 49-117, Idaho
29 Code.
30 (7) Any motor vehicle displaying special license plates for a person with
31 a disability, without regard to the state of residence or displaying the spe-
32 cial placard provided in subsections (4) and (8) of this section, shall be
33 allowed to park for unlimited periods of time in parking zones or areas which
34 are otherwise restricted as to the length of time parking is permitted, to
35 park in spaces and zones designated for persons with a disability, and to park
36 in any public parking space with metered parking without being required to pay
37 any parking meter fee. The provisions of this subsection shall not be applica-
38 ble to those zones or areas in which the stopping, parking, or standing of all
39 vehicles is prohibited or which are reserved for special types of vehicles, to
40 areas where vehicular parking is prohibited for periods in excess of forty-
41 eight (48) hours, or to areas where parking is prohibited for certain periods
42 of time in order to allow snow removal, street construction or maintenance or
43 for other emergency purposes. Nothing herein shall prohibit the designation of
44 parking spaces for use by disabled persons for unlimited periods of time.
45 (8) Any person who shall submit satisfactory proof to the department that
46 he is so temporarily disabled as defined in section 49-117(78)(b), Idaho Code,
47 shall be entitled to receive for one (1) motor vehicle only, a special placard
48 to be affixed to a motor vehicle in a conspicuous place designated by the
49 department, bearing distinguishing marks, letters or numerals indicating that
50 the vehicle is utilized by a temporarily disabled person. This special tempo-
51 rary placard shall be valid between one (1) and six (6) months depending on
52 the written authorization of the licensed physician, licensed physician assis-
53 tant, or licensed advanced practice professional nurse and as specified by the
54 department on the placard.
55 (9) Any use of the plate or placard by any person other than those meet-
29
1 ing the definition of disability under section 49-117(78)(b), Idaho Code, or
2 as otherwise authorized by this section, to obtain parking shall constitute an
3 infraction punishable by a fine of one hundred dollars ($100).
4 (10) Any person who unlawfully possesses, sells, copies, duplicates, dis-
5 tributes, manufactures or aids and abets in the unlawful possession, sale,
6 copying, duplicating, distributing or manufacturing of a special plate or
7 placard is guilty of a misdemeanor punishable by a fine not to exceed one
8 thousand dollars ($1,000), or by imprisonment in the county jail for a period
9 not to exceed thirty (30) days or by both. The court shall also impose as a
10 term of the sentence a period not to exceed forty (40) hours of community ser-
11 vice provided to a nonprofit organization which serves people with disabili-
12 ties. The unlawfully obtained special plate or placard shall be subject to
13 confiscation by law enforcement officials. Following conviction or dismissal,
14 the special plate or placard confiscated by law enforcement shall be sent to
15 the department.
16 Law enforcement officials and/or their designees as authorized by a city
17 or county shall enforce the provisions of subsections (1) through (9) of this
18 section and are empowered, using reasonable discretion, to check personal
19 identification to determine if the user of the plate or placard is authorized
20 to use accessible parking privileges. Any fines collected shall be retained by
21 the city or county whose law enforcement official issued the citation.
22 SECTION 17. That Section 49-426, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-426. EXEMPTIONS FROM OPERATING REGISTRATION FEES. The provisions of
25 this chapter with respect to operating registration fees shall not apply to:
26 (1) Motor vehicles owned or leased by the United States, the state, a
27 city, a county, any department thereof, any political subdivision or municipal
28 corporation of the state, any taxing district of the state, any state regis-
29 tered nonprofit subscription fire protection unit, or any organization,
30 whether incorporated or unincorporated, organized for the operation, mainte-
31 nance, or management of an irrigation project or irrigation works or system or
32 for the purpose of furnishing water to its members or shareholders, but in
33 other respects shall be applicable.
34 (2) Farm tractors, implements of husbandry, those manufactured homes
35 which qualify for an exemption under the provisions of section 49-422, Idaho
36 Code, road rollers, wheel mounted tar buckets, portable concrete and/or mortar
37 mixers, wheel mounted compressors, tow dollies, portable toilet trailers,
38 street sweepers, and similar devices as determined by the department which are
39 temporarily operated or moved upon the highways need not be registered under
40 the provisions of this chapter, nor shall implements of husbandry be consid-
41 ered towed units under registration of vehicle combinations as defined in sec-
42 tion 49-108(23), Idaho Code. In addition, self-propelled wheelchairs, three-
43 wheeled bicycles, wheelchair conveyances, golf carts, lawn mowers, and
44 scooters operated by persons who by reason of physical disability are other-
45 wise unable to move about as pedestrians shall be exempt from registration
46 requirements under the provisions of this chapter. Motorcycles, utility type
47 vehicles and all-terrain vehicles need not be registered under the provisions
48 of this chapter if they are: (a) Bbeing used exclusively in connection with
49 agricultural, horticultural, dairy and livestock growing and feeding opera-
50 tions or used exclusively for snow removal purposes. Travel upon the public
51 highways shall be limited to travel between farm or ranch locations. Motor-
52 cycles, utility type vehicles and all-terrain vehicles used for this purpose
53 shall meet the requirements of section 49-619, Idaho Code.; or
30
1 (b) Used exclusively on unpaved highways located on state public lands or
2 federal public lands which are not part of the highway system of the state
3 of Idaho, a county, highway district or city, provided the registration
4 requirements of section 49-402 or section 67-7122, Idaho Code, are met.
5 (3) Any political subdivision of the state of Idaho may, but only after
6 sufficient public notice is given and a public hearing held, adopt local ordi-
7 nances designating highways or sections of highways under its jurisdiction
8 upon which unregistered all-terrain vehicles and motorcycles may be operated.
9 No controlled access highways shall be designated under this subsection. The
10 requirements of title 18 and chapters 6, 8, 12, 13 and 14, title 49, Idaho
11 Code, shall apply to the operation of any unregistered motorcycle and all-
12 terrain vehicle upon such designated highways. Costs related to the posting of
13 signs on such designated highways or sections of highways indicating the ordi-
14 nance are eligible for reimbursement through the motorbike recreation account
15 created in section 67-7126, Idaho Code.
16 (4) The Idaho transportation board may designate sections of state high-
17 ways over which all-terrain vehicles and motorcycles not registered under this
18 chapter 4 may cross. The requirements of title 18, and chapters 6, 8, 12, 13
19 and 14, title 49, Idaho Code, shall apply to the operation of unregistered
20 all-terrain vehicles and motorcycles when using designated crossings on state
21 highways.
22 SECTION 18. That Section 49-501, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-501. TITLING REQUIREMENTS -- EXEMPTIONS. (1) The provisions of this
25 chapter shall apply to every vehicle required to be registered with the
26 department in chapter 4, title 49, Idaho Code.
27 (2) In addition, the titling requirements of this chapter shall apply to
28 the following vehicles which are not required to be registered under the pro-
29 visions of chapter 4, title 49, Idaho Code:
30 (a) All-terrain vehicles, motorbikes, and snowmobiles and utility type
31 vehicles as defined in section 67-7101, Idaho Code, except that such vehi-
32 cles having an internal combustion engine with a displacement that does
33 not exceed forty-five (45) cubic centimeters shall not be required to be
34 titled; and
35 (b) Manufactured homes as defined in section 39-4105, Idaho Code.
36 (3) Certain vehicles which are required to be registered under the provi-
37 sions of chapter 4, title 49, Idaho Code, shall be exempt from the titling
38 requirements of this chapter as follows:
39 (a) Utility trailers whose unladen weight is less than two thousand
40 (2,000) pounds; and
41 (b) Mopeds as defined in section 49-114, Idaho Code; and
42 (c) The board may, by rule, exempt vehicles and motor vehicles registered
43 under the provisions of sections 49-434 and 49-435, Idaho Code, from the
44 titling requirements of this chapter.
45 (4) Vehicles exempt from registration under the provisions of section
46 49-426, Idaho Code, are exempt from the titling requirements of this chapter,
47 unless otherwise specifically required by the provisions of subsection (2) of
48 this section.
49 SECTION 19. That Section 49-529, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 49-529. MANDATORY REJECTION OR INVALIDATION OF TRANSITIONAL OWNERSHIP
31
1 DOCUMENT BY DEPARTMENT. The transportation department shall reject, return or
2 subsequently invalidate a transitional ownership document if:
3 (1) More than twenty (20) days have elapsed between the date of sale, or
4 if no sale is involved, more than twenty (20) days have elapsed between the
5 date the contract or security interest being perfected was signed and the date
6 the transitional ownership document is received by the department;
7 (2) The transitional ownership document does not contain all of the
8 information contained in section 49-121(78), Idaho Code;
9 (3) It is determined that persons named on the transitional ownership
10 document as having a security interest did not have a security interest on the
11 date the transitional ownership document was received;
12 (4) It is determined the person who submitted the transitional ownership
13 document made false statements in completing the transitional ownership docu-
14 ment;
15 (5) The department does not receive the primary ownership document from
16 the date of sale within ninety (90) days of the date of sale or if no sale is
17 involved, within ninety (90) days from the date the security agreement or con-
18 tract was signed;
19 (6) The security interest holder or person submitting the transitional
20 ownership document elects to retain, requests it be returned or requests that
21 the transitional ownership document be withdrawn; or
22 (7) The information on or in the transitional ownership document has been
23 changed or altered in a manner that is not acceptable to the department.
24 SECTION 20. That Chapter 6, Title 49, Idaho Code, be, and the same is
25 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
26 ignated as Section 49-664, Idaho Code, and to read as follows:
27 49-664. OPERATION OF MOPEDS ON PUBLIC HIGHWAYS. (1) Mopeds may operate in
28 lanes of travel on any public highway with a posted speed limit of thirty-five
29 (35) miles per hour or less, and if under pedal propulsion, may use bicycle
30 lanes.
31 (2) Except as provided in subsection (3) of this section, for operation
32 on public highways with a posted speed over thirty-five (35) miles per hour,
33 mopeds shall be ridden as close as practicable to the right-hand curb or edge
34 of the roadway, proceeding in the direction of traffic, but shall not use
35 bicycle lanes unless under pedal propulsion.
36 (3) Mopeds operating on public highways with a posted speed over thirty-
37 five (35) miles per hour may temporarily move from the right-hand curb or edge
38 of the roadway under the following situations:
39 (a) When overtaking and passing another bicycle or vehicle proceeding in
40 the same direction.
41 (b) When preparing for a left turn at an intersection or into a private
42 road or driveway.
43 (c) When reasonably necessary to avoid conditions including fixed or
44 moving objects, parked or moving vehicles, bicycles, pedestrians, animals,
45 surface hazards or substandard width lanes that make it unsafe to continue
46 along the right-hand curb or edge.
47 (d) When operating upon a one-way roadway with two (2) or more marked
48 traffic lanes, may ride as near the left-hand curb or edge of the roadway
49 as practicable, but shall not use bicycle lanes unless under pedal propul-
50 sion.
51 (4) It shall be unlawful to operate a moped on any interstate highway, as
52 defined in section 40-110, Idaho Code.
32
1 SECTION 21. That Section 49-1606, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-1606. CLASSES OF LICENSES -- NONRESIDENT DEALERS. Licenses issued
4 under the provisions of this chapter shall be as follows:
5 (1) A dealer's license shall permit the licensee to engage in the busi-
6 ness of selling or exchanging new and used vehicles, new and used motorcycles,
7 motor-driven cycles and motor scooters motorbikes, new and used all-terrain
8 vehicles, utility type vehicles, snow machines and travel trailers, and new
9 and used motor homes. This form of license shall permit licensees who are
10 owners or part owners of the business of the licensee to act as vehicle sales-
11 men.
12 (2) A vehicle salesman's license shall permit the licensee to engage in
13 the activities of a vehicle salesman.
14 (3) A wholesale dealer's license shall permit the licensee to engage in
15 the business of wholesaling used vehicles to Idaho vehicle dealers. The holder
16 of this license must meet all the requirements for a principal place of busi-
17 ness, except for the requirement of display area and adequate room to repair
18 vehicles.
19 (4) A vehicle manufacturer's license shall permit the licensee to engage
20 in the business of constructing or assembling vehicles, of the type subject to
21 registration under this title at an established place of business within
22 Idaho.
23 (5) A distributor, factory branch, or distributor branch license shall
24 permit the licensee to engage in the business of selling and distributing
25 vehicles, parts, and accessories to their franchised dealers.
26 (6) A representative (factory branch or distributor, etc.) license shall
27 permit the licensee to engage in the business of contacting his respective
28 authorized dealers, for the purpose of making or promoting the sale of his,
29 its, or their vehicles, parts, and accessories.
30 (7) Pending the satisfaction of the department that the applicant has met
31 the requirements for licensure, it may issue a temporary permit to any appli-
32 cant for a license. A temporary permit shall not exceed a period of ninety
33 (90) days while the department is completing its investigation and determina-
34 tion of facts relative to the qualifications of the applicant for a license. A
35 temporary permit shall terminate when the applicant's license has been issued
36 or refused.
37 (8) The department may issue a probationary vehicle salesman's license,
38 subject to conditions to be observed in the exercise of the privilege granted
39 either upon application for issuance of a license or upon application for
40 renewal of a license. The conditions to be attached to the exercise of the
41 privilege shall not appear on the face of the license but shall, in the judg-
42 ment of the department, be in the public interest and suitable to the qualifi-
43 cations of the applicant as disclosed by the application and investigation by
44 the department.
45 (9) A nonresident dealer who is currently authorized to do business as,
46 and has an established place of business as a vehicle dealer in another state,
47 is not subject to licensure under the provisions of this chapter as long as
48 the sales are limited to the exportation of vehicles for sale to, and the
49 importation of vehicles purchased from, licensed Idaho vehicle dealers.
50 SECTION 22. That Section 49-1608, Idaho Code, be, and the same is hereby
51 amended to read as follows:
52 49-1608. LICENSE BOND. (1) Before any dealer's license shall be issued by
33
1 the department to any applicant, the applicant shall procure and file with the
2 department good and sufficient bond in the amount shown, conditioned that the
3 applicant shall not practice any fraud, make any fraudulent representation or
4 violate any of the provisions of this chapter, rules of the department, or the
5 provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48,
6 Idaho Code, or federal motor vehicle safety standards, or odometer fraud in
7 the conduct of the business for which he is licensed.
8 (a) All dealers, including wholesale, but excluding a dealer exclusively
9 in the business of motorcycles, motor-driven cycles and motor scooters
10 motorbikes, all-terrain vehicles, utility type vehicles and snow machine
11 sales, twenty thousand dollars ($20,000).
12 (b) A dealer exclusively in the business of motorcycle, motor-driven
13 cycle and motor scooter motorbike sales, all-terrain vehicles, utility
14 type vehicles and snow machine sales, ten thousand dollars ($10,000).
15 (2) The bond required in this section may be continuous in form and the
16 total aggregate liability on the bond shall be limited to the payment of the
17 amounts set forth in this section. The bond shall be in the following form:
18 (a) A corporate surety bond, by a surety licensed to do business in this
19 state; or
20 (b) A certificate of deposit, in a form prescribed by the director; or
21 (c) A cash deposit with the director.
22 (3) If a bond is canceled or otherwise becomes invalid, upon receiving
23 notice of the cancellation or invalidity, the department shall immediately
24 suspend the dealer's license and take possession of the license itself, all
25 vehicle plates used in the business and all unused title applications of the
26 licensee. The licensee is entitled to a hearing which shall be held within
27 twenty (20) days of the suspension. Upon receiving notice that a valid bond is
28 in force, the department shall immediately reinstate the license.
29 (4) The bond requirements of this section shall be satisfied if the
30 applicant is a duly licensed manufactured home dealer in accordance with chap-
31 ter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho
32 Code, otherwise meets the requirements of this section. The amount of the bond
33 shall be in the amount as required in this section or that required in section
34 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a cer-
35 tified copy of the bond as required in section 44-2103, Idaho Code, to the
36 department.
37 SECTION 23. That Section 63-3606B, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 63-3606B. MOTOR VEHICLE. The term "motor vehicle" means a vehicle regis-
40 tered or required to be registered for use on public roads. The term "motor
41 vehicle" does not include vehicles not required to be registered pursuant to
42 section 49-426, Idaho Code, or intended for off-road use only, including snow-
43 mobiles, boats and aircraft, and all-terrain vehicles, utility type vehicles
44 and off-road motorcycles motorbikes when not used on public roads.
45 SECTION 24. That Section 67-7101, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 67-7101. DEFINITIONS. In this chapter:
48 (1) "All-terrain vehicle (ATV)" means any recreation vehicle with three
49 (3) or more tires, under eight hundred fifty (850) pounds and forty-eight
50 fifty (4850) inches or less in width, having a wheelbase of sixty-one (61)
51 inches or less, traveling on low-pressure tires of ten (10) psi or less and
34
1 has handlebar steering and a seat designed to be straddled by the operator.
2 (2) "Board" means the park and recreation board created under authority
3 of section 67-4221, Idaho Code.
4 (3) "Bona fide snowmobile program" means services or facilities as
5 approved by the department that will benefit snowmobilers such as snowmobile
6 trail grooming, plowing and maintaining snowmobile parking areas and facili-
7 ties, and trail signing.
8 (4) "Dealer" means any person who engages in the retail sales of or
9 rental of snowmobiles, motorbikes, or all-terrain vehicles.
10 (5) "Department" means the Idaho department of parks and recreation.
11 (6) "Designated parking area" means an area located, constructed, main-
12 tained, and signed with the approval of the land manager or owner.
13 (7) "Director" means the director of the department of parks and recre-
14 ation.
15 (8) "Highway." (See section 40-109, Idaho Code, but excepting public
16 roadway as defined in this section).
17 (9) "Motorbike" means any self-propelled two (2) wheeled motorcycle or
18 motor-driven cycle, excluding tractor, designed for or capable of traveling
19 off developed roadways and highways and also referred to as trailbikes, enduro
20 bikes, trials bikes, motocross bikes or dual purpose motorcycles.
21 (10) "Operator" means any person who is in physical control of a
22 motorbike, all-terrain vehicle, or snowmobile.
23 (11) "Owner" means every person holding record title to a motorbike, all-
24 terrain vehicle, or snowmobile and entitled to the use or possession thereof,
25 other than a lienholder or other person having a security interest only.
26 (12) "Person" means an individual, partnership, association, corporation,
27 or any other body or group of persons, whether incorporated or not, and
28 regardless of the degree of formal organization.
29 (13) "Public roadway" means all portions of any highway which are con-
30 trolled by an authority other than the Idaho transportation department.
31 (14) "Snowmobile" means any self-propelled vehicle under one thousand
32 (1,000) pounds unladened gross weight, designed primarily for travel on snow
33 or ice or over natural terrain, which may be steered by tracks, skis, or run-
34 ners, and which is not otherwise registered or licensed under the laws of the
35 state of Idaho.
36 (15) "Utility type vehicle (UTV)" means any recreational motor vehicle
37 other than an ATV, motorbike or snowmobile as defined in this section,
38 designed for and capable of travel over designated unpaved roads, traveling on
39 four (4) or more low-pressure tires of twenty (20) psi or less, maximum width
40 less than seventy-four (74) inches, maximum weight less than two thousand
41 (2,000) pounds, or having a wheelbase of ninety-four (94) inches or less.
42 Utility type vehicle does not include golf carts, vehicles specially designed
43 to carry a disabled person, implements of husbandry as defined in section
44 49-110(2), Idaho Code, or vehicles otherwise registered under title 49, Idaho
45 Code.
46 (16) "Vendor" means any entity authorized by the department to sell recre-
47 ational registrations.
48 (176) "Winter recreational parking locations" means designated parking
49 areas established and maintained with funds acquired from the cross-country
50 skiing account.
51 SECTION 25. That Section 67-7122, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 67-7122. REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) On or before Jan-
35
1 uary 1 of each year, the owner of any all-terrain vehicle, or motorbike or
2 utility type vehicle as defined in section 67-7101, Idaho Code, used off pub-
3 lic highways or and on unpaved highways located on state public lands or fed-
4 eral public lands that are not part of the highway system of the state of
5 Idaho, a county, highway district or city, shall register that vehicle at any
6 vendor authorized by the department. For operation of all-terrain vehicles or
7 utility type vehicles on unpaved roads and upon highways designated as pre-
8 scribed in section 49-426(3) 49-208, Idaho Code, but excluding those vehicles
9 used exclusively on private land for agricultural use or used exclusively for
10 snow removal purposes, the owner shall register that vehicle at any vendor
11 authorized by with the Idaho transportation department in accordance with the
12 provisions of section 49-402, Idaho Code.
13 (2) A fee of ten dollars ($10.00) shall be charged for each registration,
14 which fee includes a one dollar and fifty cent ($1.50) vendor fee. At the time
15 of sale from any dealer, each motorbike, or all-terrain vehicle or utility
16 type vehicle sold to an Idaho resident, but excluding those vehicles to be
17 used exclusively on private land for agricultural use or used exclusively for
18 snow removal purposes, must be registered before it leaves the premises.
19 (3) Application blanks and stickers shall be supplied by the department
20 and the registration sticker shall be issued to the person making application
21 for registration. The vendor issuing the registration sticker shall, upon
22 receipt of the application in approved form, issue to the applicant a
23 motorbike, or ATV or UTV sticker and shall note the number of the sticker in
24 his records and shall supply a duplicate copy of the application form, noting
25 the number of the sticker issued, to the department.
26 (4) All stickers which are issued shall be in force through December 31
27 of the issued year. All registration stickers shall be renewed by the owner of
28 the all-terrain vehicle, or motorbike or utility type vehicle in the same man-
29 ner provided for in the initial securing of the same. The issued sticker shall
30 be placed upon the all-terrain vehicle, or motorbike or utility type vehicle
31 in such a manner that it is completely visible and shall be kept in a legible
32 condition at all times.
33 (2) For operation of an all-terrain vehicle or motorbike on the public
34 highways, the vehicle shall also be registered pursuant to the provisions of
35 section 49-402, Idaho Code, except for those highways defined in section
36 49-426, Idaho Code.
STATEMENT OF PURPOSE
RS 16968
This legislation will amend various parts of motor vehicle code to
incorporate federal motor vehicle safety standards as requirements for
titling and registration of vehicles for use on public highways. These
amendments clarify what vehicles can be registered and operated, and prohibit
those not able to meet minimum safety requirements as provided by the
National Highway Traffic Safety Administration in the federal motor vehicle
safety standards (FMVSS)on State and Federal Highways.
Amendments provide exceptions for all-terrain vehicles (ATV), and provide for
a specific ATV license plate. ATV's are not manufactured to meet federal
motor vehicle safety standards; however changes provide for recreational
opportunities for these vehicles. Clarification and uniformity is provided
for the operation and definition of all-terrain vehicles to ensure a common
understanding for the public, law enforcement, the department of Parks and
Recreation, and the Idaho transportation department. Allows operation of
ATV's on all unpaved roads in Idaho, unless local jurisdictional authority
adopts ordinances to prohibit certain unpaved roads under their jurisdiction.
Amendments move authority for adopting ordinances allowing ATV operation on
paved highways or portions of paved highways under a local jurisdiction to
the appropriate code, Section 49-208. It moves the authority of the Idaho
transportation board to designate sections of state highways to be used for
crossings for these vehicles to the appropriate code reference under duties
of the board provided in Section 49-201.
Provides for Parks and Recreation off-road sticker to be used for off-public
highways and for operation on highways located on state public lands or
federal public lands. An ATV plate would also give the authorization to
operate on these public lands.
This proposal adds a new section to clarify where mopeds can be operated. It
allows these economical vehicles to be operated in traffic on roads posted at
35 mph or less, and to be registered, and operated by a licensed driver. It
provides for operation on roads posted above 35 mph in the same fashion as
allowed for bicycles.
Proposal amends and adds definitions for motorcycles, motor-driven cycles,
motorbikes and mopeds and provides for titling and registration based on
classification of the vehicle. Increases fees for ATV's and motorcycles by
$1.00 to $10.00 annually.
FISCAL NOTE
It is estimated that programming cost will be $3000 to the Idaho
Transportation Department. There could be a potential for slight revenue
increase if all-terrain vehicles currently not registered for a license plate,
become registered if this bill is passed.
Contact: Representative JoAn Wood
Phone: 208-332-1000
Statement of Purpose/Fiscal Note H 187