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H0440aaS......................................by TRANSPORTATION AND DEFENSE
TRUCK CAMPERS - Amends existing law relating to truck campers to revise the
definition of "dealer"; to revise the definition of "truck camper"; to
require certain truck campers to be titled; to provide for optional titling
of truck campers acquired before January 1, 2009; to provide for liens and
encumbrances filed prior to January 1, 2009; to revise dealer licensing
provisions; and to revise dealer license bond provisions.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to Transp
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Snodgrass, Stevenson,
Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- None
Absent and excused -- Jaquet, Smith(24)
Floor Sponsor - Hagedorn
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Transp
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/25 3rd rdg
02/27 To 14th Ord
02/28 Rpt out amen - to 1st rdg as amen
02/29 1st rdg - to 2nd rdg as amen
03/03 2nd rdg - to 3rd rdg as amen
03/04 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Hammond
Title apvd - to House
03/05 House concurred in Senate amens - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, McGeachin
Floor Sponsor - Hagedorn
Title apvd - to enrol
03/11 Rpt enrol - Sp signed
03/12 Pres signed - To Governor
03/14 Governor signed
Session Law Chapter 106
Effective: 01/01/09
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 440 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO TRUCK CAMPERS; AMENDING SECTION 49-105, IDAHO CODE, TO REVISE THE 3 DEFINITION OF "DEALER"; AMENDING SECTION 49-121, IDAHO CODE, TO REVISE THE 4 DEFINITION OF "TRUCK CAMPER"; AMENDING SECTION 49-501, IDAHO CODE, TO 5 REQUIRE CERTAIN TRUCK CAMPERS TO BE TITLED AND TO PROVIDE FOR OPTIONAL 6 TITLING OF TRUCK CAMPERS ACQUIRED BEFORE JANUARY 1, 2009; AMENDING SECTION 7 49-1606, IDAHO CODE, TO REVISE DEALER LICENSING PROVISIONS; AMENDING SEC- 8 TION 49-1608, IDAHO CODE, TO REVISE DEALER LICENSE BOND PROVISIONS; AMEND- 9 ING SECTION 63-3622HH, IDAHO CODE, TO REVISE THE DEFINITION OF "TRUCK CAM- 10 PER" AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 49-105, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 49-105. DEFINITIONS -- D. (1) "Dealer" means every person in the business 15 of buying, selling or exchanging five (5) or more new or used vehicles, new or 16 used neighborhood electric vehicles, new or used motorcycles, snow machines or 17 motor scooters, travel trailers, truck campers, all-terrain vehicles, utility 18 type vehicles or motor homes in any calendar year, either outright or on con- 19 ditional sale, bailment, lease, chattel mortgage, or otherwise, or who has an 20 established place of business for the sale, lease, trade, or display of these 21 vehicles. No insurance company, bank, finance company, public utilities com- 22 pany, or other person coming into possession of any vehicle, as an incident to 23 its regular business, who shall sell that vehicle under any contractual rights 24 it may have, shall be considered a dealer. See also "salvage pool," section 25 49-120, Idaho Code. 26 (2) "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho 27 Code) 28 (3) "Department" means the Idaho transportation department acting 29 directly or through its duly authorized officers and agents, except in chap- 30 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho state 31 police, except as otherwise specifically provided. 32 (4) "Designated family member" means the spouse, child, grandchild, par- 33 ent, brother or sister of the owner of a vehicle dealership who, in the event 34 of the owner's death, is entitled to inherit the ownership interest in the 35 dealership under the same terms of the owner's will, or who has been nominated 36 in any other written instrument, or who, in the case of an incapacitated owner 37 of a dealership, has been appointed by a court as the legal representative of 38 the dealer's property. 39 (5) "Director" means the director of the Idaho transportation department, 40 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the 41 director of the Idaho state police. 42 (6) "Disclose" means to engage in any practice or conduct to make avail- 43 able and make known personal information contained in records of the depart- 2 1 ment about a person to any other person, organization or entity, by any means 2 of communication. 3 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by 4 the department of commercial vehicle driving privileges. 5 (8) "Distributor" means any person, firm, association, corporation or 6 trust, resident or nonresident, who has a franchise from a manufacturer of 7 vehicles to distribute vehicles in this state, and who in whole or in part 8 sells or distributes new vehicles to dealers or who maintains distributor 9 representatives. 10 (9) "Distributor branch" means a branch office similarly maintained by a 11 distributor for the same purposes a factory branch is maintained. 12 (10) "Distributor representative" means any person, firm, association, 13 corporation or trust, and each officer and employee thereof engaged as a rep- 14 resentative of a distributor or distributor branch of vehicles for the purpose 15 of making or promoting the sale of vehicles, or for supervising or contacting 16 dealers or prospective dealers. 17 (11) "District" means: 18 (a) Business district. The territory contiguous to and including a high- 19 way when within any six hundred (600) feet along the highway there are 20 buildings in use for business or industrial purposes, including hotels, 21 banks or office buildings, railroad stations and public buildings which 22 occupy at least three hundred (300) feet of frontage on one side or three 23 hundred (300) feet collectively on both sides of the highway. 24 (b) Residential district. The territory contiguous to and including a 25 highway not comprising a business district when the property on the high- 26 way for a distance of three hundred (300) feet or more is in the main 27 improved with residences, or residences and buildings in use for business. 28 (c) Urban district. The territory contiguous to and including any highway 29 which is built up with structures devoted to business, industry or dwell- 30 ing houses. For purposes of establishing speed limits in accordance with 31 the provisions of section 49-654, Idaho Code, no state highway or any por- 32 tion thereof lying within the boundaries of an urban district is subject 33 to the limitations which otherwise apply to nonstate highways within an 34 urban district. Provided, this subsection shall not limit the authority of 35 the duly elected officials of an incorporated city acting as a local 36 authority to decrease speed limits on state highways passing through any 37 district within the incorporated city. 38 (12) "Documented vessel" means a vessel having a valid marine document as 39 a vessel of the United States. 40 (13) "Drag race" means the operation of two (2) or more vehicles from a 41 point side by side at accelerating speeds in a competitive attempt to outdis- 42 tance each other, or the operation of one (1) or more vehicles over a common 43 selected course, from the same point to the same point, for the purpose of 44 comparing the relative speeds or power of acceleration of the vehicles within 45 a certain distance or time limit. 46 (14) "Driver" means every person who drives or is in actual physical con- 47 trol of a vehicle. 48 (15) "Driver's license" means a license or permit issued by the department 49 or by any other jurisdiction to an individual which authorizes the individual 50 to operate a motor vehicle or commercial motor vehicle on the highways in 51 accordance with the requirements of title 49, Idaho Code. 52 (16) "Driver's license -- Classes of" are issued for the operation of a 53 vehicle based on the size of the vehicle or the type of load and mean: 54 (a) Class A. This license shall be issued and valid for the operation of 55 any combination of motor vehicles with a manufacturer's gross combination 3 1 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, 2 provided the manufacturer's gross vehicle weight rating (GVWR) of the 3 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per- 4 sons holding a valid class A license may also operate vehicles requiring a 5 class B, C or D license. 6 (b) Class B. This license shall be issued and valid for the operation of 7 any single vehicle with a manufacturer's gross vehicle weight rating 8 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi- 9 cle towing a vehicle not in excess of ten thousand (10,000) pounds 10 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid 11 class B license may also operate vehicles requiring a class C license or a 12 class D license. 13 (c) Class C. This license shall be issued and valid for the operation of 14 any single vehicle or combination of vehicles that does not meet the defi- 15 nition of class A or class B, as defined in this section, but that either 16 is designed to transport sixteen (16) or more people including the driver, 17 or is of any size which does not meet the definition of class A or class B 18 and is used in the transportation of materials found to be hazardous 19 according to the hazardous material transportation act and which requires 20 the motor vehicle to be placarded under the federal hazardous materials 21 regulations 49 CFR part 172, subpart F. Persons holding a valid class C 22 license may also operate vehicles requiring a class D license. 23 (d) Class D. This license shall be issued and valid for the operation of 24 a motor vehicle that is not a commercial vehicle as defined in section 25 49-123, Idaho Code. 26 (e) "Seasonal driver's license" means a special restricted class B or C 27 driver's license to operate certain commercial vehicles in farm-related 28 industries under restrictions imposed by the department. As used in this 29 definition, "farm-related industry" shall mean custom harvesters, farm 30 retail outlets and suppliers, agri-chemical businesses and livestock 31 feeders. Seasonal driver's licenses are not valid for driving vehicles 32 carrying any quantities of hazardous material requiring placarding, except 33 for diesel fuel in quantities of one thousand (1,000) gallons or less, 34 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of 35 husbandry with total capacities of three thousand (3,000) gallons or less, 36 and solid fertilizers, i.e., solid plant nutrients, that are not mixed 37 with any organic substance. 38 (17) "Driver record" means any record that pertains to an individual's 39 driver's license, driving permit, driving privileges, driving history, identi- 40 fication documents or other similar credentials issued by the department. 41 (18) "Driver's license endorsements" means special authorizations that are 42 required to be displayed on a driver's license which permit the driver to 43 operate certain types of commercial vehicles or commercial vehicles hauling 44 certain types of cargo, or to operate a motorcycle or a school bus. 45 (a) "Endorsement T -- Double/Triple trailer" means this endorsement is 46 required on a class A, B or C license to permit the licensee to operate a 47 vehicle authorized to tow more than one (1) trailer. 48 (b) "Endorsement H -- Hazardous material" means this endorsement is 49 required on a class A, B or C license if the driver is operating a vehicle 50 used in the transportation of materials found to be hazardous according to 51 the hazardous material transportation act and which requires the motor 52 vehicle to be placarded under the federal hazardous materials regulations 53 49 CFR part 172, subpart F. 54 (c) "Endorsement P -- Passenger" means this endorsement is required on a 55 class A, B or C license to permit the licensee to operate a vehicle 4 1 designed to transport sixteen (16) or more people including the driver. 2 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on 3 a class A, B or C license to permit the licensee to operate a vehicle 4 which is designed to transport any liquid or gaseous materials within a 5 tank that is either permanently or temporarily attached to the vehicle. 6 Such vehicles include, but are not limited to, cargo tanks and portable 7 tanks, as defined in federal regulations 49 CFR part 171. This definition 8 does not include portable tanks having a rated capacity under one thousand 9 (1,000) gallons. 10 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a 11 driver's license to permit the driver to operate a motorcycle. 12 (f) "Endorsement S -- School bus" means this endorsement is required on a 13 class A, B or C license to permit the licensee to operate a school bus in 14 accordance with 49 CFR part 383, to transport preprimary, primary or sec- 15 ondary school students from home to school, from school to home, or to and 16 from school-sponsored events. School bus does not include a bus used as a 17 common carrier. 18 (19) "Driveway" means a private road giving access from a public way to a 19 building on abutting grounds. 20 (20) "Dromedary tractor" means every motor vehicle designed and used pri- 21 marily for drawing a semitrailer and so constructed as to carry manifested 22 cargo in addition to a part of the weight of the semitrailer. 23 SECTION 2. That Section 49-121, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 49-121. DEFINITIONS -- T. 26 (1) "Temporary supplemental lot" means a location other than the princi- 27 pal place of business, or supplemental lot within the same or adjacent county 28 as the principal place of business, where a licensed dealer may secure a 29 license to conduct the business and is licensed for a period of time not to 30 exceed ten (10) days for a specific purpose such as auto shows, auctions, 31 shopping center promotions, tent sales, etc. Temporary supplemental lots shall 32 meet all local zoning and building codes for the type of business being con- 33 ducted. The requirements for a principal place of business shall not be appli- 34 cable to temporary supplemental lot locations. The adjacent county restriction 35 shall not apply if the dealer holds the franchise for the products to be dis- 36 played or sold and has approval from a manufacturer for the location where the 37 proposed temporary supplemental lot license will be issued by the department. 38 Nonfranchised dealers shall be permitted to temporarily display or sell their 39 products within a one hundred seventy-five (175) mile radius of their princi- 40 pal place of business, upon approval by the department. 41 (2) "Tires" means: 42 (a) Metal. Every tire the surface of which in contact with the highway is 43 wholly or partly of metal or other hard, nonresilient material. 44 (b) Pneumatic. Every tire in which compressed air is designed to support 45 the load. 46 (c) Snow tire. Every rubber tire with tread design or material embedded 47 in the tire to improve winter traction except studded tires. 48 (d) Solid rubber. Every tire of rubber or other resilient material which 49 does not depend upon compressed air for the support of the load. 50 (e) Studded tire. Every tire with built-in lugs of tungsten carbide or 51 other suitable material designed to contact the road surface for improved 52 winter traction. 53 (3) "Traffic" means pedestrians, ridden or herded animals, vehicles, 5 1 streetcars and other conveyances either singly or together while using any 2 highway for purposes of travel. 3 (4) "Traffic lane" or "lane of travel" means that portion of the roadway 4 for movement of a single line of vehicles. 5 (5) "Traffic-control device" means any device, whether manually, electri- 6 cally or mechanically operated, placed or erected by authority of a public 7 body or official having jurisdiction, for the purpose of regulating, warning 8 or guiding traffic. 9 (6) "Trailer" means: 10 (a) General. Every vehicle without motive power designed for carrying 11 persons or property and for being drawn by a motor vehicle. 12 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as 13 a travel trailer but constructed with a raised forward section that allows 14 a bi-level floor plan. This style is designed to be towed by a vehicle 15 equipped with a device known as a fifth-wheel hitch, which is typically 16 installed in the bed of a pickup truck. 17 (c) Fold down camping trailer. A vehicular portable unit mounted on 18 wheels and constructed with collapsible partial side walls, which fold for 19 towing by another vehicle and unfold at the campsite to provide temporary 20 living quarters, for recreational, camping or travel use. 21 (d) Park trailer. A trailer designed to be towed by a motorized vehicle, 22 and of such size and weight as not to require a special highway movement 23 permit. It is designed for seasonal or temporary living quarters and may 24 be connected to utilities necessary for operation of installed fixtures 25 and appliances. It is built on a single permanent chassis and constructed 26 to permit set up by persons without special skills. 27 (e) Pole trailer. Every vehicle without motive power designed to be drawn 28 by another vehicle and attached to the towing vehicle by means of a reach 29 or pole or by being boomed or otherwise secured to the towing vehicle, and 30 ordinarily used for transporting long or irregularly shaped loads such as 31 poles, pipes, or structural members capable, generally, of sustaining 32 themselves as beams between the supporting connections. 33 (f) Semitrailer. Every vehicle without motive power, designed for carry- 34 ing persons or property and for being drawn by a motor vehicle and so con- 35 structed that some part of its weight and that of its load rests upon or 36 is carried by the towing vehicle. 37 (g) Travel trailer. A vehicular unit, mounted on wheels designed to pro- 38 vide temporary living quarters for recreational, camping, travel or emer- 39 gency use and of such size or weight as not to require special highway 40 movement permits when towed by a motorized vehicle. 41 (h) Utility trailer. (See "Utility trailer," section 49-122, Idaho Code) 42 (7) "Transitional ownership document" means a document used to perfect a 43 lien against creditors or subsequent purchasers when the primary ownership 44 document is not available and the selling dealer, new security interest holder 45 or their agent, to the best of their knowledge, will not have possession of 46 the primary ownership document, within thirty (30) days, and contains all of 47 the following: 48 (a) The date of sale or if no sale is involved, the date the contract or 49 security agreement being perfected was signed; 50 (b) The name and address of each owner of the vehicle; 51 (c) The name and address of each security interest holder; 52 (d) If there are multiple security interest holders, the priorities of 53 interest if the security interest holders do not jointly hold a single 54 security interest; 55 (e) The vehicle identification number; 6 1 (f) The name of the security interest holder or person who submits the 2 transitional ownership document for the security interest holder; and 3 (g) Any other information the department may require for its records. 4 (8) "Transportation," for the purposes of chapter 22, title 49, Idaho 5 Code, means the movement of any regulated quantity of hazardous material or 6 hazardous waste within, through, or to any destination in this state upon the 7 highways of this state. 8 (9) "Transporter" means every person engaged in the business of deliver- 9 ing vehicles of a type required to be registered from a manufacturing, assem- 10 bling or distributing plant to dealers or sales agents of a manufacturer, 11 except in chapter 22, title 49, Idaho Code, where it means any person who 12 transports a hazardous material or hazardous waste within, through, or to any 13 destination upon the highways of this state. 14 (10) "Truck" means: 15 (a) Refuse/sanitation. Any vehicle designed and used solely for the pur- 16 pose of transporting refuse. 17 (b) General. Every motor vehicle exceeding eight thousand (8,000) pounds 18 gross weight designed, used or maintained primarily for the transportation 19 of property. 20 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross 21 weight or less which is designed, used or maintained primarily for the 22 transportation of property. 23 (d) Truck camper. A portable unit constructed to provide temporary living 24 quarters for recreational, travel or camping use, consisting of a roof, 25 floor, and sides, designed to be loaded onto and unloaded from the bed of 26 a pickup truck, and containing at least one (1) of the following facili- 27 ties: stove; refrigerator or icebox; self-contained toilet; heater or air 28 conditioner; potable water supply including a faucet and sink; separate 29 110-125 volt electrical power supply; or LP-gas supply. Truck campers 30 originally constructed with an overall length of six (6) feet or longer 31 shall be titled as provided in chapter 5 of this title 49. A truck camper 32 does not include pickup hoods, shells or canopies. 33 (e) Truck tractor. Every motor vehicle designed and used primarily for 34 drawing other vehicles but not so constructed as to carry a load other 35 than a part of the weight of the vehicle and load so drawn. 36 (11) "True mileage driven" means the mileage of the vehicle as registered 37 by the odometer within the manufacturer's designed tolerance. 38 SECTION 3. That Section 49-501, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 49-501. TITLING REQUIREMENTS -- EXEMPTIONS. (1) The provisions of this 41 chapter shall apply to every vehicle required to be registered with the 42 department in chapter 4, title 49, Idaho Code. 43 (2) In addition, the titling requirements of this chapter shall apply to 44 the following vehicles which are not required to be registered under the pro- 45 visions of chapter 4, title 49, Idaho Code: 46 (a) All-terrain vehicles, motorbikes, snowmobiles and utility type vehi- 47 cles as defined in section 67-7101, Idaho Code;and48 (b) Manufactured homes as defined in section 39-4105, Idaho Code; and 49 (c) Truck campers as defined in section 49-121, Idaho Code, that were 50 originally constructed with an overall length of six (6) feet or longer. 51 Titling is optional for truck campers acquired before January 1, 2009. 52 (3) Certain vehicles which are required to be registered under the provi- 53 sions of chapter 4, title 49, Idaho Code, shall be exempt from the titling 7 1 requirements of this chapter as follows: 2 (a) Utility trailers whose unladen weight is less than two thousand 3 (2,000) pounds; and 4 (b) The board may, by rule, exempt vehicles and motor vehicles registered 5 under the provisions of sections 49-434 and 49-435, Idaho Code, from the 6 titling requirements of this chapter. 7 (4) Vehicles exempt from registration under the provisions of section 8 49-426, Idaho Code, are exempt from the titling requirements of this chapter, 9 unless otherwise specifically required by the provisions of subsection (2) of 10 this section. 11 SECTION 4. That Section 49-1606, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-1606. CLASSES OF LICENSES -- NONRESIDENT DEALERS. Licenses issued 14 under the provisions of this chapter shall be as follows: 15 (1) A dealer's license shall permit the licensee to engage in the busi- 16 ness of selling or exchanging new and used vehicles, new and used motorcycles 17 and motor scooters, new and used all-terrain vehicles, snow machines and 18 travel trailers, truck campers, and new and used motor homes. This form of 19 license shall permit licensees who are owners or part owners of the business 20 of the licensee to act as vehicle salesmen. 21 (2) A vehicle salesman's license shall permit the licensee to engage in 22 the activities of a vehicle salesman. 23 (3) A wholesale dealer's license shall permit the licensee to engage in 24 the business of wholesaling used vehicles to Idaho vehicle dealers. The holder 25 of this license must meet all the requirements for a principal place of busi- 26 ness, except for the requirement of display area and adequate room to repair 27 vehicles. 28 (4) A vehicle manufacturer's license shall permit the licensee to engage 29 in the business of constructing or assembling vehicles, of the type subject to 30 registration under this title at an established place of business within 31 Idaho. 32 (5) A distributor, factory branch, or distributor branch license shall 33 permit the licensee to engage in the business of selling and distributing 34 vehicles, parts, and accessories to their franchised dealers. 35 (6) A representative (factory branch or distributor, etc.) license shall 36 permit the licensee to engage in the business of contacting his respective 37 authorized dealers, for the purpose of making or promoting the sale of his, 38 its, or their vehicles, parts, and accessories. 39 (7) Pending the satisfaction of the department that the applicant has met 40 the requirements for licensure, it may issue a temporary permit to any appli- 41 cant for a license. A temporary permit shall not exceed a period of ninety 42 (90) days while the department is completing its investigation and determina- 43 tion of facts relative to the qualifications of the applicant for a license. A 44 temporary permit shall terminate when the applicant's license has been issued 45 or refused. 46 (8) The department may issue a probationary vehicle salesman's license, 47 subject to conditions to be observed in the exercise of the privilege granted 48 either upon application for issuance of a license or upon application for 49 renewal of a license. The conditions to be attached to the exercise of the 50 privilege shall not appear on the face of the license but shall, in the judg- 51 ment of the department, be in the public interest and suitable to the qualifi- 52 cations of the applicant as disclosed by the application and investigation by 53 the department. 8 1 (9) A nonresident dealer who is currently authorized to do business as, 2 and has an established place of business as a vehicle dealer in another state, 3 is not subject to licensure under the provisions of this chapter as long as 4 the sales are limited to the exportation of vehicles for sale to, and the 5 importation of vehicles purchased from, licensed Idaho vehicle dealers. 6 SECTION 5. That Section 49-1608, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 49-1608. LICENSE BOND. (1) Before any dealer's license shall be issued by 9 the department to any applicant, the applicant shall procure and file with the 10 department good and sufficient bond in the amount shown, conditioned that the 11 applicant shall not practice any fraud, make any fraudulent representation or 12 violate any of the provisions of this chapter, rules of the department, or the 13 provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, 14 Idaho Code, or federal motor vehicle safety standards, or odometer fraud in 15 the conduct of the business for which he is licensed. 16 (a) All dealers, including wholesale, but excluding a dealer exclusively 17 in the business of motorcycles and motor scooters, all-terrain vehicles, 18 utility type vehicles, truck campers and snow machine sales, twenty thou- 19 sand dollars ($20,000). 20 (b) A dealer exclusively in the business of motorcycle and motor scooter 21 sales, all-terrain vehicles, utility type vehicles, truck campers and snow 22 machine sales, ten thousand dollars ($10,000). 23 (2) The bond required in this section may be continuous in form and the 24 total aggregate liability on the bond shall be limited to the payment of the 25 amounts set forth in this section. The bond shall be in the following form: 26 (a) A corporate surety bond, by a surety licensed to do business in this 27 state; or 28 (b) A certificate of deposit, in a form prescribed by the director; or 29 (c) A cash deposit with the director. 30 (3) If a bond is canceled or otherwise becomes invalid, upon receiving 31 notice of the cancellation or invalidity, the department shall immediately 32 suspend the dealer's license and take possession of the license itself, all 33 vehicle plates used in the business and all unused title applications of the 34 licensee. The licensee is entitled to a hearing which shall be held within 35 twenty (20) days of the suspension. Upon receiving notice that a valid bond is 36 in force, the department shall immediately reinstate the license. 37 (4) The bond requirements of this section shall be satisfied if the 38 applicant is a duly licensed manufactured home dealer in accordance with chap- 39 ter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho 40 Code, otherwise meets the requirements of this section. The amount of the bond 41 shall be in the amount as required in this section or that required in section 42 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a cer- 43 tified copy of the bond as required in section 44-2103, Idaho Code, to the 44 department. 45 SECTION 6. That Section 63-3622HH, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 63-3622HH. PRODUCTION EXEMPTION SHALL NOT APPLY TO SALES REGARDING 48 RECREATION-RELATED VEHICLES. (1) Notwithstanding any other provision of law to 49 the contrary, the production exemption provided in section 63-3622D, Idaho 50 Code, shall not apply to sales of or repairs to snowmobiles, off-highway 51 motorbikes, recreational vehicles, or motorcycles and all sales of snowmo- 9 1 biles, off-highway motorbikes, recreational vehicles or motorcycles are sub- 2 ject to the sales and use taxes imposed by this chapter. All repairs to snow- 3 mobiles, off-highway motorbikes, recreational vehicles or motorcycles are sub- 4 ject to the sales and use taxes imposed by this chapter. 5 (2) As used in this section, the term "snowmobile" means any self-pro- 6 pelled vehicle under one thousand (1,000) pounds unladened gross weight 7 designed primarily for travel on snow or ice or over natural terrain which may 8 be steered by tracks, skis or runners, and which is not otherwise registered 9 or licensed under the laws of the state of Idaho. 10 (3) As used in this section, the term "off-highway motorbike" means any 11 self-propelled two (2), three (3), four (4) or five (5) wheeled motorcycle or 12 motor-driven cycle, excluding tractor, designed for or capable of traveling 13 off developed roadways and highways and also referred to as trailbikes, enduro 14 bikes, trail bikes, motorcross bikes or dual purpose motorcycles. 15 (4) As used in this section, the term "recreational vehicle" means a 16 motor home, travel trailer, truck camper or camping trailer, with or without 17 motive power, designed for human habitation for recreational or emergency 18 occupancy. The term recreational vehicle shall not include pickup hoods, 19 shells, or canopies designed, created or modified for occupational usage. 20 School buses or van type vehicles which are converted to recreational use, are 21 defined as recreational vehicles. Specific classes of recreational vehicles 22 are defined as follows: 23 (a) The term "motor home" shall mean a vehicular unit designed to provide 24 temporary living quarters, built into an integral part of or permanently 25 attached to a self-propelled motor vehicle chassis. The vehicle must con- 26 tain permanently installed independent life support systems which meet the 27aAmerican national standards institute (ANSI) A119.7 standard for recre- 28 ational vehicles, and provide at least four (4) of the following facili- 29 ties: cooking, refrigeration orice boxicebox, self-contained toilet, 30 heating and/or air conditioning, a portable water supply system, including 31 a faucet and sink, separate 110-125 volt electrical power supply and/or 32 LP-gas supply. 33 (b) The term "travel trailer" shall mean a vehicular unit, mounted on 34 wheels designed to provide temporary living quarters for recreational, 35 camping, travel or emergency use and of such size or weight as not to 36 require special highway movement permits when towed by a motorized vehi- 37 cle. 38 (c) The term "fifth wheel trailer" shall mean a vehicular unit equipped 39 in the same manner as a travel trailer but constructed with a raised for- 40 ward section that allows a bi-level floor plan. This style is designed to 41 be towed by a vehicle equipped with a device known as a fifth-wheel hitch, 42 which is typically installed in the bed of a pickup truck. 43 (d) The term "park trailer" shall mean a trailer designed to be towed by 44 a motorized vehicle, and of such size and weight as not to require a spe- 45 cial highway movement permit. It is designed for seasonal or temporary 46 living quarters and may be connected to utilities necessary for operation 47 of installed fixtures and appliances. It is built on a single permanent 48 chassis and constructed to permit set up by persons without special 49 skills. 50 (e) The term "fold down camping trailer" shall mean a vehicular portable 51 unit mounted on wheels and constructed with collapsible partial side 52 walls, which fold for towing by another vehicle and unfold at the campsite 53 to provide temporary living quarters, for recreational, camping or travel 54 use. 55 (f) The term "truck camper" shall mean a portable unit constructed to 10 1 provide temporary living quarters for recreational, travel or camping use, 2 consisting of a roof, floor, and sides, designed to be loaded onto and 3 unloaded from the bed of a pickup truck, and containing at least one (1) 4 of the following facilities: stove; refrigerator or icebox; self-contained 5 toilet; heater or air conditioner; potable water supply including a faucet 6 and sink; separate 110-125 volt electrical power supply; or LP-gas supply. 7 (5) As used in this section, the term "motorcycle" means every motor 8 vehicle having a seat or saddle for the use of the rider and designed to 9 travel on not more than three (3) wheels in contact with the ground, but 10 excluding a tractor. A motorcycle also is every motor scooter or motorized 11 bicycle having an engine with less than one hundred fifty (150) cubic centime- 12 ters displacement or with five (5) brake horsepower or less. 13 (6) As used in this section, the term "repairs" shall include only the 14 costs of parts, but not labor, utilized on the snowmobile, off-highway 15 motorbike, recreational vehicle or motorcycle. 16 SECTION 7. This act shall be in full force and effect on and after Janu- 17 ary 1, 2009.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Hammond Seconded by Keough IN THE SENATE SENATE AMENDMENT TO H.B. NO. 440 1 AMENDMENT TO SECTION 3 2 On page 6 of the printed bill, in line 51, following "2009" insert: ". 3 Liens and encumbrances on truck campers that were filed with the office of the 4 secretary of state in compliance with chapter 9, title 28, Idaho Code, prior 5 to January 1, 2009, shall be in full force and effect until said lien or 6 encumbrance is satisfied and released by the lienholder who perfected the 7 original lien or encumbrance". 8 CORRECTION TO TITLE 9 On page 1, in line 5, delete "TITLED AND" and insert: "TITLED,"; and in 10 line 6, following "2009" insert: ", AND TO PROVIDE FOR LIENS AND ENCUMBRANCES 11 FILED PRIOR TO JANUARY 1, 2009".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 440, As Amended in the Senate BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO TRUCK CAMPERS; AMENDING SECTION 49-105, IDAHO CODE, TO REVISE THE 3 DEFINITION OF "DEALER"; AMENDING SECTION 49-121, IDAHO CODE, TO REVISE THE 4 DEFINITION OF "TRUCK CAMPER"; AMENDING SECTION 49-501, IDAHO CODE, TO 5 REQUIRE CERTAIN TRUCK CAMPERS TO BE TITLED, TO PROVIDE FOR OPTIONAL 6 TITLING OF TRUCK CAMPERS ACQUIRED BEFORE JANUARY 1, 2009, AND TO PROVIDE 7 FOR LIENS AND ENCUMBRANCES FILED PRIOR TO JANUARY 1, 2009; AMENDING SEC- 8 TION 49-1606, IDAHO CODE, TO REVISE DEALER LICENSING PROVISIONS; AMENDING 9 SECTION 49-1608, IDAHO CODE, TO REVISE DEALER LICENSE BOND PROVISIONS; 10 AMENDING SECTION 63-3622HH, IDAHO CODE, TO REVISE THE DEFINITION OF "TRUCK 11 CAMPER" AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE 12 DATE. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 49-105, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 49-105. DEFINITIONS -- D. (1) "Dealer" means every person in the business 17 of buying, selling or exchanging five (5) or more new or used vehicles, new or 18 used neighborhood electric vehicles, new or used motorcycles, snow machines or 19 motor scooters, travel trailers, truck campers, all-terrain vehicles, utility 20 type vehicles or motor homes in any calendar year, either outright or on con- 21 ditional sale, bailment, lease, chattel mortgage, or otherwise, or who has an 22 established place of business for the sale, lease, trade, or display of these 23 vehicles. No insurance company, bank, finance company, public utilities com- 24 pany, or other person coming into possession of any vehicle, as an incident to 25 its regular business, who shall sell that vehicle under any contractual rights 26 it may have, shall be considered a dealer. See also "salvage pool," section 27 49-120, Idaho Code. 28 (2) "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho 29 Code) 30 (3) "Department" means the Idaho transportation department acting 31 directly or through its duly authorized officers and agents, except in chap- 32 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho state 33 police, except as otherwise specifically provided. 34 (4) "Designated family member" means the spouse, child, grandchild, par- 35 ent, brother or sister of the owner of a vehicle dealership who, in the event 36 of the owner's death, is entitled to inherit the ownership interest in the 37 dealership under the same terms of the owner's will, or who has been nominated 38 in any other written instrument, or who, in the case of an incapacitated owner 39 of a dealership, has been appointed by a court as the legal representative of 40 the dealer's property. 41 (5) "Director" means the director of the Idaho transportation department, 42 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the 43 director of the Idaho state police. 2 1 (6) "Disclose" means to engage in any practice or conduct to make avail- 2 able and make known personal information contained in records of the depart- 3 ment about a person to any other person, organization or entity, by any means 4 of communication. 5 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by 6 the department of commercial vehicle driving privileges. 7 (8) "Distributor" means any person, firm, association, corporation or 8 trust, resident or nonresident, who has a franchise from a manufacturer of 9 vehicles to distribute vehicles in this state, and who in whole or in part 10 sells or distributes new vehicles to dealers or who maintains distributor 11 representatives. 12 (9) "Distributor branch" means a branch office similarly maintained by a 13 distributor for the same purposes a factory branch is maintained. 14 (10) "Distributor representative" means any person, firm, association, 15 corporation or trust, and each officer and employee thereof engaged as a rep- 16 resentative of a distributor or distributor branch of vehicles for the purpose 17 of making or promoting the sale of vehicles, or for supervising or contacting 18 dealers or prospective dealers. 19 (11) "District" means: 20 (a) Business district. The territory contiguous to and including a high- 21 way when within any six hundred (600) feet along the highway there are 22 buildings in use for business or industrial purposes, including hotels, 23 banks or office buildings, railroad stations and public buildings which 24 occupy at least three hundred (300) feet of frontage on one side or three 25 hundred (300) feet collectively on both sides of the highway. 26 (b) Residential district. The territory contiguous to and including a 27 highway not comprising a business district when the property on the high- 28 way for a distance of three hundred (300) feet or more is in the main 29 improved with residences, or residences and buildings in use for business. 30 (c) Urban district. The territory contiguous to and including any highway 31 which is built up with structures devoted to business, industry or dwell- 32 ing houses. For purposes of establishing speed limits in accordance with 33 the provisions of section 49-654, Idaho Code, no state highway or any por- 34 tion thereof lying within the boundaries of an urban district is subject 35 to the limitations which otherwise apply to nonstate highways within an 36 urban district. Provided, this subsection shall not limit the authority of 37 the duly elected officials of an incorporated city acting as a local 38 authority to decrease speed limits on state highways passing through any 39 district within the incorporated city. 40 (12) "Documented vessel" means a vessel having a valid marine document as 41 a vessel of the United States. 42 (13) "Drag race" means the operation of two (2) or more vehicles from a 43 point side by side at accelerating speeds in a competitive attempt to outdis- 44 tance each other, or the operation of one (1) or more vehicles over a common 45 selected course, from the same point to the same point, for the purpose of 46 comparing the relative speeds or power of acceleration of the vehicles within 47 a certain distance or time limit. 48 (14) "Driver" means every person who drives or is in actual physical con- 49 trol of a vehicle. 50 (15) "Driver's license" means a license or permit issued by the department 51 or by any other jurisdiction to an individual which authorizes the individual 52 to operate a motor vehicle or commercial motor vehicle on the highways in 53 accordance with the requirements of title 49, Idaho Code. 54 (16) "Driver's license -- Classes of" are issued for the operation of a 55 vehicle based on the size of the vehicle or the type of load and mean: 3 1 (a) Class A. This license shall be issued and valid for the operation of 2 any combination of motor vehicles with a manufacturer's gross combination 3 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, 4 provided the manufacturer's gross vehicle weight rating (GVWR) of the 5 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per- 6 sons holding a valid class A license may also operate vehicles requiring a 7 class B, C or D license. 8 (b) Class B. This license shall be issued and valid for the operation of 9 any single vehicle with a manufacturer's gross vehicle weight rating 10 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi- 11 cle towing a vehicle not in excess of ten thousand (10,000) pounds 12 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid 13 class B license may also operate vehicles requiring a class C license or a 14 class D license. 15 (c) Class C. This license shall be issued and valid for the operation of 16 any single vehicle or combination of vehicles that does not meet the defi- 17 nition of class A or class B, as defined in this section, but that either 18 is designed to transport sixteen (16) or more people including the driver, 19 or is of any size which does not meet the definition of class A or class B 20 and is used in the transportation of materials found to be hazardous 21 according to the hazardous material transportation act and which requires 22 the motor vehicle to be placarded under the federal hazardous materials 23 regulations 49 CFR part 172, subpart F. Persons holding a valid class C 24 license may also operate vehicles requiring a class D license. 25 (d) Class D. This license shall be issued and valid for the operation of 26 a motor vehicle that is not a commercial vehicle as defined in section 27 49-123, Idaho Code. 28 (e) "Seasonal driver's license" means a special restricted class B or C 29 driver's license to operate certain commercial vehicles in farm-related 30 industries under restrictions imposed by the department. As used in this 31 definition, "farm-related industry" shall mean custom harvesters, farm 32 retail outlets and suppliers, agri-chemical businesses and livestock 33 feeders. Seasonal driver's licenses are not valid for driving vehicles 34 carrying any quantities of hazardous material requiring placarding, except 35 for diesel fuel in quantities of one thousand (1,000) gallons or less, 36 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of 37 husbandry with total capacities of three thousand (3,000) gallons or less, 38 and solid fertilizers, i.e., solid plant nutrients, that are not mixed 39 with any organic substance. 40 (17) "Driver record" means any record that pertains to an individual's 41 driver's license, driving permit, driving privileges, driving history, identi- 42 fication documents or other similar credentials issued by the department. 43 (18) "Driver's license endorsements" means special authorizations that are 44 required to be displayed on a driver's license which permit the driver to 45 operate certain types of commercial vehicles or commercial vehicles hauling 46 certain types of cargo, or to operate a motorcycle or a school bus. 47 (a) "Endorsement T -- Double/Triple trailer" means this endorsement is 48 required on a class A, B or C license to permit the licensee to operate a 49 vehicle authorized to tow more than one (1) trailer. 50 (b) "Endorsement H -- Hazardous material" means this endorsement is 51 required on a class A, B or C license if the driver is operating a vehicle 52 used in the transportation of materials found to be hazardous according to 53 the hazardous material transportation act and which requires the motor 54 vehicle to be placarded under the federal hazardous materials regulations 55 49 CFR part 172, subpart F. 4 1 (c) "Endorsement P -- Passenger" means this endorsement is required on a 2 class A, B or C license to permit the licensee to operate a vehicle 3 designed to transport sixteen (16) or more people including the driver. 4 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on 5 a class A, B or C license to permit the licensee to operate a vehicle 6 which is designed to transport any liquid or gaseous materials within a 7 tank that is either permanently or temporarily attached to the vehicle. 8 Such vehicles include, but are not limited to, cargo tanks and portable 9 tanks, as defined in federal regulations 49 CFR part 171. This definition 10 does not include portable tanks having a rated capacity under one thousand 11 (1,000) gallons. 12 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a 13 driver's license to permit the driver to operate a motorcycle. 14 (f) "Endorsement S -- School bus" means this endorsement is required on a 15 class A, B or C license to permit the licensee to operate a school bus in 16 accordance with 49 CFR part 383, to transport preprimary, primary or sec- 17 ondary school students from home to school, from school to home, or to and 18 from school-sponsored events. School bus does not include a bus used as a 19 common carrier. 20 (19) "Driveway" means a private road giving access from a public way to a 21 building on abutting grounds. 22 (20) "Dromedary tractor" means every motor vehicle designed and used pri- 23 marily for drawing a semitrailer and so constructed as to carry manifested 24 cargo in addition to a part of the weight of the semitrailer. 25 SECTION 2. That Section 49-121, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 49-121. DEFINITIONS -- T. 28 (1) "Temporary supplemental lot" means a location other than the princi- 29 pal place of business, or supplemental lot within the same or adjacent county 30 as the principal place of business, where a licensed dealer may secure a 31 license to conduct the business and is licensed for a period of time not to 32 exceed ten (10) days for a specific purpose such as auto shows, auctions, 33 shopping center promotions, tent sales, etc. Temporary supplemental lots shall 34 meet all local zoning and building codes for the type of business being con- 35 ducted. The requirements for a principal place of business shall not be appli- 36 cable to temporary supplemental lot locations. The adjacent county restriction 37 shall not apply if the dealer holds the franchise for the products to be dis- 38 played or sold and has approval from a manufacturer for the location where the 39 proposed temporary supplemental lot license will be issued by the department. 40 Nonfranchised dealers shall be permitted to temporarily display or sell their 41 products within a one hundred seventy-five (175) mile radius of their princi- 42 pal place of business, upon approval by the department. 43 (2) "Tires" means: 44 (a) Metal. Every tire the surface of which in contact with the highway is 45 wholly or partly of metal or other hard, nonresilient material. 46 (b) Pneumatic. Every tire in which compressed air is designed to support 47 the load. 48 (c) Snow tire. Every rubber tire with tread design or material embedded 49 in the tire to improve winter traction except studded tires. 50 (d) Solid rubber. Every tire of rubber or other resilient material which 51 does not depend upon compressed air for the support of the load. 52 (e) Studded tire. Every tire with built-in lugs of tungsten carbide or 53 other suitable material designed to contact the road surface for improved 5 1 winter traction. 2 (3) "Traffic" means pedestrians, ridden or herded animals, vehicles, 3 streetcars and other conveyances either singly or together while using any 4 highway for purposes of travel. 5 (4) "Traffic lane" or "lane of travel" means that portion of the roadway 6 for movement of a single line of vehicles. 7 (5) "Traffic-control device" means any device, whether manually, electri- 8 cally or mechanically operated, placed or erected by authority of a public 9 body or official having jurisdiction, for the purpose of regulating, warning 10 or guiding traffic. 11 (6) "Trailer" means: 12 (a) General. Every vehicle without motive power designed for carrying 13 persons or property and for being drawn by a motor vehicle. 14 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as 15 a travel trailer but constructed with a raised forward section that allows 16 a bi-level floor plan. This style is designed to be towed by a vehicle 17 equipped with a device known as a fifth-wheel hitch, which is typically 18 installed in the bed of a pickup truck. 19 (c) Fold down camping trailer. A vehicular portable unit mounted on 20 wheels and constructed with collapsible partial side walls, which fold for 21 towing by another vehicle and unfold at the campsite to provide temporary 22 living quarters, for recreational, camping or travel use. 23 (d) Park trailer. A trailer designed to be towed by a motorized vehicle, 24 and of such size and weight as not to require a special highway movement 25 permit. It is designed for seasonal or temporary living quarters and may 26 be connected to utilities necessary for operation of installed fixtures 27 and appliances. It is built on a single permanent chassis and constructed 28 to permit set up by persons without special skills. 29 (e) Pole trailer. Every vehicle without motive power designed to be drawn 30 by another vehicle and attached to the towing vehicle by means of a reach 31 or pole or by being boomed or otherwise secured to the towing vehicle, and 32 ordinarily used for transporting long or irregularly shaped loads such as 33 poles, pipes, or structural members capable, generally, of sustaining 34 themselves as beams between the supporting connections. 35 (f) Semitrailer. Every vehicle without motive power, designed for carry- 36 ing persons or property and for being drawn by a motor vehicle and so con- 37 structed that some part of its weight and that of its load rests upon or 38 is carried by the towing vehicle. 39 (g) Travel trailer. A vehicular unit, mounted on wheels designed to pro- 40 vide temporary living quarters for recreational, camping, travel or emer- 41 gency use and of such size or weight as not to require special highway 42 movement permits when towed by a motorized vehicle. 43 (h) Utility trailer. (See "Utility trailer," section 49-122, Idaho Code) 44 (7) "Transitional ownership document" means a document used to perfect a 45 lien against creditors or subsequent purchasers when the primary ownership 46 document is not available and the selling dealer, new security interest holder 47 or their agent, to the best of their knowledge, will not have possession of 48 the primary ownership document, within thirty (30) days, and contains all of 49 the following: 50 (a) The date of sale or if no sale is involved, the date the contract or 51 security agreement being perfected was signed; 52 (b) The name and address of each owner of the vehicle; 53 (c) The name and address of each security interest holder; 54 (d) If there are multiple security interest holders, the priorities of 55 interest if the security interest holders do not jointly hold a single 6 1 security interest; 2 (e) The vehicle identification number; 3 (f) The name of the security interest holder or person who submits the 4 transitional ownership document for the security interest holder; and 5 (g) Any other information the department may require for its records. 6 (8) "Transportation," for the purposes of chapter 22, title 49, Idaho 7 Code, means the movement of any regulated quantity of hazardous material or 8 hazardous waste within, through, or to any destination in this state upon the 9 highways of this state. 10 (9) "Transporter" means every person engaged in the business of deliver- 11 ing vehicles of a type required to be registered from a manufacturing, assem- 12 bling or distributing plant to dealers or sales agents of a manufacturer, 13 except in chapter 22, title 49, Idaho Code, where it means any person who 14 transports a hazardous material or hazardous waste within, through, or to any 15 destination upon the highways of this state. 16 (10) "Truck" means: 17 (a) Refuse/sanitation. Any vehicle designed and used solely for the pur- 18 pose of transporting refuse. 19 (b) General. Every motor vehicle exceeding eight thousand (8,000) pounds 20 gross weight designed, used or maintained primarily for the transportation 21 of property. 22 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross 23 weight or less which is designed, used or maintained primarily for the 24 transportation of property. 25 (d) Truck camper. A portable unit constructed to provide temporary living 26 quarters for recreational, travel or camping use, consisting of a roof, 27 floor, and sides, designed to be loaded onto and unloaded from the bed of 28 a pickup truck, and containing at least one (1) of the following facili- 29 ties: stove; refrigerator or icebox; self-contained toilet; heater or air 30 conditioner; potable water supply including a faucet and sink; separate 31 110-125 volt electrical power supply; or LP-gas supply. Truck campers 32 originally constructed with an overall length of six (6) feet or longer 33 shall be titled as provided in chapter 5 of this title 49. A truck camper 34 does not include pickup hoods, shells or canopies. 35 (e) Truck tractor. Every motor vehicle designed and used primarily for 36 drawing other vehicles but not so constructed as to carry a load other 37 than a part of the weight of the vehicle and load so drawn. 38 (11) "True mileage driven" means the mileage of the vehicle as registered 39 by the odometer within the manufacturer's designed tolerance. 40 SECTION 3. That Section 49-501, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 49-501. TITLING REQUIREMENTS -- EXEMPTIONS. (1) The provisions of this 43 chapter shall apply to every vehicle required to be registered with the 44 department in chapter 4, title 49, Idaho Code. 45 (2) In addition, the titling requirements of this chapter shall apply to 46 the following vehicles which are not required to be registered under the pro- 47 visions of chapter 4, title 49, Idaho Code: 48 (a) All-terrain vehicles, motorbikes, snowmobiles and utility type vehi- 49 cles as defined in section 67-7101, Idaho Code;and50 (b) Manufactured homes as defined in section 39-4105, Idaho Code; and 51 (c) Truck campers as defined in section 49-121, Idaho Code, that were 52 originally constructed with an overall length of six (6) feet or longer. 53 Titling is optional for truck campers acquired before January 1, 2009. 7 1 Liens and encumbrances on truck campers that were filed with the office of 2 the secretary of state in compliance with chapter 9, title 28, Idaho Code, 3 prior to January 1, 2009, shall be in full force and effect until said 4 lien or encumbrance is satisfied and released by the lienholder who per- 5 fected the original lien or encumbrance. 6 (3) Certain vehicles which are required to be registered under the provi- 7 sions of chapter 4, title 49, Idaho Code, shall be exempt from the titling 8 requirements of this chapter as follows: 9 (a) Utility trailers whose unladen weight is less than two thousand 10 (2,000) pounds; and 11 (b) The board may, by rule, exempt vehicles and motor vehicles registered 12 under the provisions of sections 49-434 and 49-435, Idaho Code, from the 13 titling requirements of this chapter. 14 (4) Vehicles exempt from registration under the provisions of section 15 49-426, Idaho Code, are exempt from the titling requirements of this chapter, 16 unless otherwise specifically required by the provisions of subsection (2) of 17 this section. 18 SECTION 4. That Section 49-1606, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 49-1606. CLASSES OF LICENSES -- NONRESIDENT DEALERS. Licenses issued 21 under the provisions of this chapter shall be as follows: 22 (1) A dealer's license shall permit the licensee to engage in the busi- 23 ness of selling or exchanging new and used vehicles, new and used motorcycles 24 and motor scooters, new and used all-terrain vehicles, snow machines and 25 travel trailers, truck campers, and new and used motor homes. This form of 26 license shall permit licensees who are owners or part owners of the business 27 of the licensee to act as vehicle salesmen. 28 (2) A vehicle salesman's license shall permit the licensee to engage in 29 the activities of a vehicle salesman. 30 (3) A wholesale dealer's license shall permit the licensee to engage in 31 the business of wholesaling used vehicles to Idaho vehicle dealers. The holder 32 of this license must meet all the requirements for a principal place of busi- 33 ness, except for the requirement of display area and adequate room to repair 34 vehicles. 35 (4) A vehicle manufacturer's license shall permit the licensee to engage 36 in the business of constructing or assembling vehicles, of the type subject to 37 registration under this title at an established place of business within 38 Idaho. 39 (5) A distributor, factory branch, or distributor branch license shall 40 permit the licensee to engage in the business of selling and distributing 41 vehicles, parts, and accessories to their franchised dealers. 42 (6) A representative (factory branch or distributor, etc.) license shall 43 permit the licensee to engage in the business of contacting his respective 44 authorized dealers, for the purpose of making or promoting the sale of his, 45 its, or their vehicles, parts, and accessories. 46 (7) Pending the satisfaction of the department that the applicant has met 47 the requirements for licensure, it may issue a temporary permit to any appli- 48 cant for a license. A temporary permit shall not exceed a period of ninety 49 (90) days while the department is completing its investigation and determina- 50 tion of facts relative to the qualifications of the applicant for a license. A 51 temporary permit shall terminate when the applicant's license has been issued 52 or refused. 53 (8) The department may issue a probationary vehicle salesman's license, 8 1 subject to conditions to be observed in the exercise of the privilege granted 2 either upon application for issuance of a license or upon application for 3 renewal of a license. The conditions to be attached to the exercise of the 4 privilege shall not appear on the face of the license but shall, in the judg- 5 ment of the department, be in the public interest and suitable to the qualifi- 6 cations of the applicant as disclosed by the application and investigation by 7 the department. 8 (9) A nonresident dealer who is currently authorized to do business as, 9 and has an established place of business as a vehicle dealer in another state, 10 is not subject to licensure under the provisions of this chapter as long as 11 the sales are limited to the exportation of vehicles for sale to, and the 12 importation of vehicles purchased from, licensed Idaho vehicle dealers. 13 SECTION 5. That Section 49-1608, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 49-1608. LICENSE BOND. (1) Before any dealer's license shall be issued by 16 the department to any applicant, the applicant shall procure and file with the 17 department good and sufficient bond in the amount shown, conditioned that the 18 applicant shall not practice any fraud, make any fraudulent representation or 19 violate any of the provisions of this chapter, rules of the department, or the 20 provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, 21 Idaho Code, or federal motor vehicle safety standards, or odometer fraud in 22 the conduct of the business for which he is licensed. 23 (a) All dealers, including wholesale, but excluding a dealer exclusively 24 in the business of motorcycles and motor scooters, all-terrain vehicles, 25 utility type vehicles, truck campers and snow machine sales, twenty thou- 26 sand dollars ($20,000). 27 (b) A dealer exclusively in the business of motorcycle and motor scooter 28 sales, all-terrain vehicles, utility type vehicles, truck campers and snow 29 machine sales, ten thousand dollars ($10,000). 30 (2) The bond required in this section may be continuous in form and the 31 total aggregate liability on the bond shall be limited to the payment of the 32 amounts set forth in this section. The bond shall be in the following form: 33 (a) A corporate surety bond, by a surety licensed to do business in this 34 state; or 35 (b) A certificate of deposit, in a form prescribed by the director; or 36 (c) A cash deposit with the director. 37 (3) If a bond is canceled or otherwise becomes invalid, upon receiving 38 notice of the cancellation or invalidity, the department shall immediately 39 suspend the dealer's license and take possession of the license itself, all 40 vehicle plates used in the business and all unused title applications of the 41 licensee. The licensee is entitled to a hearing which shall be held within 42 twenty (20) days of the suspension. Upon receiving notice that a valid bond is 43 in force, the department shall immediately reinstate the license. 44 (4) The bond requirements of this section shall be satisfied if the 45 applicant is a duly licensed manufactured home dealer in accordance with chap- 46 ter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho 47 Code, otherwise meets the requirements of this section. The amount of the bond 48 shall be in the amount as required in this section or that required in section 49 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a cer- 50 tified copy of the bond as required in section 44-2103, Idaho Code, to the 51 department. 52 SECTION 6. That Section 63-3622HH, Idaho Code, be, and the same is hereby 9 1 amended to read as follows: 2 63-3622HH. PRODUCTION EXEMPTION SHALL NOT APPLY TO SALES REGARDING 3 RECREATION-RELATED VEHICLES. (1) Notwithstanding any other provision of law to 4 the contrary, the production exemption provided in section 63-3622D, Idaho 5 Code, shall not apply to sales of or repairs to snowmobiles, off-highway 6 motorbikes, recreational vehicles, or motorcycles and all sales of snowmo- 7 biles, off-highway motorbikes, recreational vehicles or motorcycles are sub- 8 ject to the sales and use taxes imposed by this chapter. All repairs to snow- 9 mobiles, off-highway motorbikes, recreational vehicles or motorcycles are sub- 10 ject to the sales and use taxes imposed by this chapter. 11 (2) As used in this section, the term "snowmobile" means any self-pro- 12 pelled vehicle under one thousand (1,000) pounds unladened gross weight 13 designed primarily for travel on snow or ice or over natural terrain which may 14 be steered by tracks, skis or runners, and which is not otherwise registered 15 or licensed under the laws of the state of Idaho. 16 (3) As used in this section, the term "off-highway motorbike" means any 17 self-propelled two (2), three (3), four (4) or five (5) 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, trail bikes, motorcross bikes or dual purpose motorcycles. 21 (4) As used in this section, the term "recreational vehicle" means a 22 motor home, travel trailer, truck camper or camping trailer, with or without 23 motive power, designed for human habitation for recreational or emergency 24 occupancy. The term recreational vehicle shall not include pickup hoods, 25 shells, or canopies designed, created or modified for occupational usage. 26 School buses or van type vehicles which are converted to recreational use, are 27 defined as recreational vehicles. Specific classes of recreational vehicles 28 are defined as follows: 29 (a) The term "motor home" shall mean a vehicular unit designed to provide 30 temporary living quarters, built into an integral part of or permanently 31 attached to a self-propelled motor vehicle chassis. The vehicle must con- 32 tain permanently installed independent life support systems which meet the 33aAmerican national standards institute (ANSI) A119.7 standard for recre- 34 ational vehicles, and provide at least four (4) of the following facili- 35 ties: cooking, refrigeration orice boxicebox, self-contained toilet, 36 heating and/or air conditioning, a portable water supply system, including 37 a faucet and sink, separate 110-125 volt electrical power supply and/or 38 LP-gas supply. 39 (b) The term "travel trailer" shall mean a vehicular unit, mounted on 40 wheels designed to provide temporary living quarters for recreational, 41 camping, travel or emergency use and of such size or weight as not to 42 require special highway movement permits when towed by a motorized vehi- 43 cle. 44 (c) The term "fifth wheel trailer" shall mean a vehicular unit equipped 45 in the same manner as a travel trailer but constructed with a raised for- 46 ward section that allows a bi-level floor plan. This style is designed to 47 be towed by a vehicle equipped with a device known as a fifth-wheel hitch, 48 which is typically installed in the bed of a pickup truck. 49 (d) The term "park trailer" shall mean a trailer designed to be towed by 50 a motorized vehicle, and of such size and weight as not to require a spe- 51 cial highway movement permit. It is designed for seasonal or temporary 52 living quarters and may be connected to utilities necessary for operation 53 of installed fixtures and appliances. It is built on a single permanent 54 chassis and constructed to permit set up by persons without special 10 1 skills. 2 (e) The term "fold down camping trailer" shall mean a vehicular portable 3 unit mounted on wheels and constructed with collapsible partial side 4 walls, which fold for towing by another vehicle and unfold at the campsite 5 to provide temporary living quarters, for recreational, camping or travel 6 use. 7 (f) The term "truck camper" shall mean a portable unit constructed to 8 provide temporary living quarters for recreational, travel or camping use, 9 consisting of a roof, floor, and sides, designed to be loaded onto and 10 unloaded from the bed of a pickup truck, and containing at least one (1) 11 of the following facilities: stove; refrigerator or icebox; self-contained 12 toilet; heater or air conditioner; potable water supply including a faucet 13 and sink; separate 110-125 volt electrical power supply; or LP-gas supply. 14 (5) As used in this section, the term "motorcycle" means every motor 15 vehicle having a seat or saddle for the use of the rider and designed to 16 travel on not more than three (3) wheels in contact with the ground, but 17 excluding a tractor. A motorcycle also is every motor scooter or motorized 18 bicycle having an engine with less than one hundred fifty (150) cubic centime- 19 ters displacement or with five (5) brake horsepower or less. 20 (6) As used in this section, the term "repairs" shall include only the 21 costs of parts, but not labor, utilized on the snowmobile, off-highway 22 motorbike, recreational vehicle or motorcycle. 23 SECTION 7. This act shall be in full force and effect on and after Janu- 24 ary 1, 2009.
STATEMENT OF PURPOSE
RS 17694
This proposal will require the titling of pickup-mounted campers which meet
the same requirements as recreational vehicles, and are at least 6 feet overall
length and contain at least one facility as listed in this proposed legislation.
This allows for easy identification of ownership on pickup campers. It allows
for easier lien filings on titles from financial institutions and dealers, and
allows dealers to more easily finance and file ownership documents for customers.
Owners would have an official certificate of title/ownership. This proposal will
require that pickup camper dealers also be licensed. The proposal provides for
the requirement on and after January 1, 2009, with optional title filings for
pickup campers acquired before such date.
FISCAL NOTE
Annually, approximately $20,000 in additional revenue is expected from the title
fees of an estimated 4,000 truck camper filings. This figure is based on the
retention of $5 from each $8 title fee that is retained by the department.
One-time costs for programming fees are estimated at $4,680.
Contact
Name: Trent Wright
Agency: Idaho Automobile Dealers Association
Phone: 208-853-4668
Contact
Name: Wilke Meyers
Agency: Idaho State Independent Automobile Dealers Association
Phone: 208-463-7709
Statement of Purpose/Fiscal Impact H 440