Print Friendly HOUSE BILL NO. 372
– Recreational activities, definitns
HOUSE BILL NO. 372
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H0372.........................................by RESOURCES AND CONSERVATION
RECREATIONAL ACTIVITIES - Amends existing law to revise definitions
relating to recreational activities.
01/18 House intro - 1st rdg - to printing
01/21 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 372
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO RECREATIONAL VEHICLES; AMENDING SECTIONS 49-102, 49-122, 63-3622R
3 AND 67-7101, IDAHO CODE, TO REVISE DEFINITIONS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 49-102, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 49-102. DEFINITIONS -- A.
8 (1) "Abandon" means to leave a vehicle on private property without the
9 permission of the person having rights to the possession of the property, or
10 on a highway or other property open to the public for the purposes of vehicu-
11 lar traffic or parking, or upon or within the right-of-way of any highway, for
12 twenty-four (24) hours or longer.
13 (2) "Abandoned vehicle" means any vehicle observed by an authorized offi-
14 cer or reported by a member of the public to have been left within the limits
15 of any highway or upon the property of another without the consent of the
16 property owner for a period of twenty-four (24) hours or longer, except that a
17 vehicle shall not be considered abandoned if its owner-operator is unable to
18 remove it from the place where it is located and has notified a law enforce-
19 ment agency and requested assistance.
20 (3) "Accident" means any event that results in an unintended injury or
21 property damage attributable directly or indirectly to the motion of a motor
22 vehicle or its load, a snowmobile or special mobile equipment.
23 (4) "Actual physical control" means being in the driver's position of a
24 motor vehicle with the motor running or the vehicle moving.
25 (5) "Administrator" means the federal highway administrator, the chief
26 executive of the federal highway administration, an agency within the U.S.
27 department of transportation.
28 (6) "Age of a motor vehicle" means the age determined by subtracting the
29 manufacturer's year designation of the vehicle from the year in which the des-
30 ignated registration fee is paid. If the vehicle has the same manufacturer's
31 year designation as the year in which the fee is paid, or if a vehicle has a
32 manufacturer's year designation later than the year in which the fee is paid,
33 the vehicle shall be deemed to be one (1) year old.
34 (7) "Air-conditioning equipment" means mechanical vapor compression
35 refrigeration equipment which is used to cool the driver's or passenger com-
36 partment of any motor vehicle.
37 (8) "Alcohol or alcoholic beverage" means:
38 (a) Beer as defined in 26 U.S.C. section 5052(a), of the Internal Revenue
40 (b) Wine of not less than one-half of one percent (.005%) of alcohol by
41 volume; or
42 (c) Distilled spirits as defined in section 5002(a)(8), of the Internal
43 Revenue Code.
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 fifty ( 4850) inches or less in width, having a wheelbase of sixty-one
6 (61) inches or less, traveling on low-pressure tires of ten (10) psi or less,
7 and has handlebar steering and a seat designed to be straddled by the
8 operator. Such vehicles shall be registered under the provisions of section
9 49-402, Idaho Code, for operation on public highways, unless exempted under
10 the provisions of section 49-426, Idaho Code.
11 (11) "Amateur radio operator." (See "Radio operator, amateur," section
12 49-119, Idaho Code)
13 (12) "Ambulance" means a motor vehicle designed and used primarily for the
14 transportation of injured, sick, or deceased persons, on stretchers, cots,
15 beds, or other devices for carrying persons in a prone position.
16 (13) "Applicant" means an individual who applies to obtain, transfer,
17 upgrade, or renew a driver's license.
18 (14) "Approved driver training course" means a training course from a
19 school licensed under the provisions of chapter 21 of this title.
20 (15) "Approved testing agency" means a person, firm, association, partner-
21 ship or corporation approved by the director of the Idaho state police which
23 (a) In the business of testing equipment and systems;
24 (b) Recognized by the director as being qualified and equipped to do
25 experimental testing; and
26 (c) Not under the jurisdiction or control of any single manufacturer or
27 supplier for an affected industry.
28 (16) "Armed forces" means the army, navy, marine corps, coast guard and
29 the air force of the United States.
30 (17) "Authorized emergency vehicle." (See "Vehicle," section 49-123, Idaho
32 (18) "Authorized officer" means any member of the Idaho state police, or
33 any regularly employed and salaried deputy sheriff, or other county employee
34 designated to perform the function of removing abandoned vehicles or junk
35 vehicles by the board of county commissioners of the county in which a vehicle
36 is located, or any regularly employed and salaried city peace officer or other
37 city employee designated to perform the function of removing abandoned vehi-
38 cles or junk vehicles by the city council, or a qualified person deputized or
39 appointed by the proper authority as reserve deputy sheriff or city policeman,
40 authorized within the jurisdiction in which the abandoned vehicle or junk
41 vehicle is located.
42 (19) "Authorized transportation department employee" means any employee
43 appointed by the board to perform duties relating to enforcement of vehicle
44 laws as have been specifically defined and approved by order of the board (see
45 section 40-510, Idaho Code).
46 (20) "Auto transporter" means a vehicle combination constructed for the
47 purpose of transporting vehicles.
48 SECTION 2. That Section 49-122, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 49-122. DEFINITIONS -- U. (1) "Unauthorized vehicle" means any vehicle
51 parked or otherwise left on private property without the consent of the person
52 owning or controlling that property.
53 (2) "United States" means the fifty (50) states and the District of
2 (3) "Unladen weight." (See "Light weight," section 49-113, Idaho Code)
3 (4) "Unregistered vehicle" means a vehicle without current registration
4 on file with the department or with the appropriate agency of another state,
5 unless exempt from registration.
6 (5) "Unusual noise." (See "Excessive," section 49-106, Idaho Code)
7 (6) "Urban district." (See "District," section 49-105, Idaho Code)
8 (7) "Utility trailer" means a trailer or semitrailer designed primarily
9 to be drawn behind a passenger car or pickup truck for domestic and utility
10 purposes. Utility or domestic use shall include a farm trailer while being
11 used to haul agricultural products or livestock from farm to storage, market
12 or processing plant, or returning therefrom.
13 (8) "Utility type vehicle (UTV)" means any recreational motor vehicle
14 other than an ATV, motorbike or snowmobile as defined in section 67-7101,
15 Idaho Code, designed for and capable of travel over designated unpaved roads,
16 traveling on four (4) or more low-pressure tires of twenty (20) psi or less,
17 maximum width less than seventy-four (74) inches, maximum weight less than two
18 thousand (2,000) pounds, or and having a wheelbase of ninety-four (94) inches
19 or less. Utility type vehicle does not include golf carts, vehicles specially
20 designed to carry a disabled person, implements of husbandry as defined in
21 section 49-110(2), Idaho Code, or vehicles otherwise registered under title
22 49, Idaho Code.
23 SECTION 3. That Section 63-3622R, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 63-3622R. MOTOR VEHICLES, USED MANUFACTURED HOMES, VESSELS, ALL-TERRAIN
26 VEHICLES, TRAILERS, OFF-ROAD MOTORCYCLES, SNOWMOBILES AND GLIDER KITS. There
27 are exempted from the taxes imposed by this chapter:
28 (a) Sales to nonresidents of motor vehicles, trailers, vessels, all-
29 terrain vehicles (ATVs), motorcycles intended for off-road use and snowmo-
30 biles, for use outside of this state even though delivery be made within this
31 state, but only when:
32 (1) The motor vehicles, vessels, ATVs, motorcycles intended for off-road
33 use, snowmobiles or trailers will be taken from the point of delivery in
34 this state directly to a point outside this state; and
35 (2) The motor vehicles, vessels, ATVs, motorcycles intended for off-road
36 use, snowmobiles and trailers will be registered immediately under the
37 laws of another state, will be titled in another state if required to be
38 titled in that state, will not be used in this state more than sixty (60)
39 days in any twelve (12) month period, and will not be required to be
40 titled under the laws of this state.
41 (3) For the purpose of this subsection (a), the term "all-terrain vehi-
42 cle" or "ATV" means any recreational vehicle with three (3) or more tires,
43 weighing under eight hundred fifty (850) pounds, forty-eight fifty ( 4850)
44 inches or less in width, having a wheelbase of sixty-one (61) inches or
45 less, traveling on low-pressure tires of ten (10) psi or less, and has
46 handlebar steering and a seat designed to be straddled by the operator.
47 (4) For the purpose of this section, the term "vessel" means any boat
48 intended to carry one (1) or more persons upon the water which is either:
49 (i) Sold together with a motor, or
50 (ii) Eleven (11) feet in length or more, but shall not include
51 canoes, kayaks or inflatable boats, unless such canoes, kayaks or in-
52 flatable boats are sold together with a motor.
53 (b) Sale of used manufactured homes, whether or not such used manufac-
1 tured homes are sold for use outside this state, and whether or not such used
2 manufactured homes are sold by a dealer. Every manufactured home sale after
3 its sale as a "new manufactured home," as defined in section 63-3606, Idaho
4 Code, is a sale as a used manufactured home.
5 (c) Sale or lease of motor vehicles with a maximum gross registered
6 weight over twenty-six thousand (26,000) pounds, which shall be immediately
7 registered under the international registration plan, whether or not base
8 plated in Idaho, and the sale or lease of trailers which are part of a fleet
9 of vehicles registered under the international registration plan when such
10 vehicles and trailers are substantially used in interstate commerce. If such a
11 motor vehicle or trailer is not substantially used in interstate commerce dur-
12 ing any annual registration period under the international registration plan,
13 it shall be deemed used in Idaho and subject to the use tax under section
14 63-3621, Idaho Code. For the purpose of this subsection, "substantially used
15 in interstate commerce" means that the vehicles or trailers will be part of a
16 fleet with a minimum of ten percent (10%) of the miles operated by the fleet
17 accrued outside of Idaho in any annual registration period under the interna-
18 tional registration plan.
19 (d) The sale or purchase of a glider kit when the glider kit will be used
20 to assemble a glider kit vehicle as defined in section 49-123, Idaho Code,
21 which will be immediately registered under a plan defined in subsection (c) of
22 this section, provided that if the glider kit vehicle is not substantially
23 used in interstate commerce as defined in subsection (c) of this section dur-
24 ing any registration period, it shall be subject to the use tax under section
25 63-3621, Idaho Code.
26 (e) The use or other consumption of a motor vehicle temporarily donated
27 to a driver's education program sponsored by a nonprofit educational institu-
28 tion as defined in section 63-3622O, Idaho Code.
29 SECTION 4. That Section 67-7101, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 67-7101. DEFINITIONS. In this chapter:
32 (1) "All-terrain vehicle (ATV)" means any recreation vehicle with three
33 (3) or more tires, under eight hundred fifty (850) pounds and forty-eight
34 fifty ( 4850) inches or less in width, having a wheelbase of sixty-one (61)
35 inches or less, traveling on low-pressure tires of ten (10) psi or less, and
36 has handlebar steering and a seat designed to be straddled by the operator.
37 (2) "Board" means the park and recreation board created under authority
38 of section 67-4221, Idaho Code.
39 (3) "Bona fide snowmobile program" means services or facilities as
40 approved by the department that will benefit snowmobilers such as snowmobile
41 trail grooming, plowing and maintaining snowmobile parking areas and facili-
42 ties, and trail signing.
43 (4) "Dealer" means any person who engages in the retail sales of or
44 rental of snowmobiles, motorbikes, or all-terrain vehicles.
45 (5) "Department" means the Idaho department of parks and recreation.
46 (6) "Designated parking area" means an area located, constructed, main-
47 tained, and signed with the approval of the land manager or owner.
48 (7) "Director" means the director of the department of parks and recre-
50 (8) "Highway." (See section 40-109, Idaho Code, but excepting public
51 roadway as defined in this section).
52 (9) "Motorbike" means any self-propelled two (2) wheeled motorcycle or
53 motor-driven cycle, excluding tractor, designed for or capable of traveling
1 off developed roadways and highways and also referred to as trailbikes, enduro
2 bikes, trials bikes, motocross bikes or dual purpose motorcycles.
3 (10) "Operator" means any person who is in physical control of a
4 motorbike, all-terrain vehicle, or snowmobile.
5 (11) "Owner" means every person holding record title to a motorbike, all-
6 terrain vehicle, or snowmobile and entitled to the use or possession thereof,
7 other than a lienholder or other person having a security interest only.
8 (12) "Person" means an individual, partnership, association, corporation,
9 or any other body or group of persons, whether incorporated or not, and
10 regardless of the degree of formal organization.
11 (13) "Public roadway" means all portions of any highway which are con-
12 trolled by an authority other than the Idaho transportation department.
13 (14) "Snowmobile" means any self-propelled vehicle under one thousand
14 (1,000) pounds unladened gross weight, designed primarily for travel on snow
15 or ice or over natural terrain, which may be steered by tracks, skis, or run-
17 (15) "Utility type vehicle (UTV)" means any recreational motor vehicle
18 other than an ATV, motorbike or snowmobile as defined in this section,
19 designed for and capable of travel over designated unpaved roads, traveling on
20 four (4) or more low-pressure tires of twenty (20) psi or less, maximum width
21 less than seventy-four (74) inches, maximum weight less than two thousand
22 (2,000) pounds, or and having a wheelbase of ninety-four (94) inches or less.
23 Utility type vehicle does not include golf carts, vehicles specially designed
24 to carry a disabled person, implements of husbandry as defined in section
25 49-110(2), Idaho Code, or vehicles otherwise registered under title 49, Idaho
27 (16) "Vendor" means any entity authorized by the department to sell recre-
28 ational registrations.
29 (17) "Winter recreational parking locations" means designated parking
30 areas established and maintained with funds acquired from the cross-country
31 skiing account.
STATEMENT OF PURPOSE
Off-highway-vehicle (OHV) management efforts in Idaho are
coordinated between IDPR and various partner agencies and user
groups throughout the state. We work closely to develop
progressive resource management objectives and educational
programs, and to help provide improvements to public
recreational areas. Ensuring consistency between the state and
federal definitions of an all-terrain-vehicle (ATV) will enhance
these management objectives. These changes will modify the
acceptable width and further define the steering and seating
design of ATV's. This will also help to eliminate confusion on
the part of recreational users and enhance the efforts of land
To ensure the utility-type-vehicles (UTV) definition is relevant
and can be clearly understood, one word needs to be changed from
"or" to "and" for consistency.
There will be no fiscal impact to the General Fund or any IDPR
Name: Dean Sangrey
Agency: Parks and Recreation, Dept. of
STATEMENT OF PURPOSE/FISCAL NOTE H 372