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H0602aa...................................................by WAYS AND MEANS
ALL-TERRAIN VEHICLES - Amends existing law relating to all-terrain
vehicles, utility type vehicles and motorbikes to define a term; to revise
definitions; to remove all-terrain vehicles operated on public highways
from an annual fee requirement; to provide a restricted vehicle license
plate fee for operation of certain vehicles; to revise an exemption; to
remove an exemption from operating fees for certain vehicles; to provide
for closure of certain roads to certain vehicles; to provide for use of
certain vehicles on certain unpaved highways; to provide for crossing of
certain roads by certain vehicles; to provide for furnishing one license
plate for certain vehicles; to provide for violation of license and
registration sticker requirements for operation of certain vehicles; to
provide for registration of certain vehicles used on certain unpaved
highways; to provide for placement of a registration sticker; to remove an
exception; to revise a registration requirement for certain motorbikes; to
provide for transfer of a registration sticker; and to provide for transfer
of a restricted vehicle license plate.
03/06 House intro - 1st rdg - to printing
03/07 Rpt prt - to Transp
Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
To Gen Ord
03/12 Rpt out amen - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 62-6-2
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Hagedorn, Hart, Jaquet, Killen,
King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott,
Mathews, McGeachin, Mortimer, Moyle, Nielsen, Pasley-Stuart, Pence,
Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- Anderson, Eskridge, Harwood, Henderson, Nonini, Shepherd(02)
Absent and excused -- Henbest, Patrick
Floor Sponsor - Wood(35)
Title apvd - to Senate
03/13 Senate intro - 1st rdg - to Transp
03/26 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 21-14-0
AYES -- Andreason, Bastian, Bilyeu, Broadsword, Burkett, Coiner,
Corder, Gannon(Gannon), Geddes, Goedde, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai(Sagness), McGee, McKenzie,
Stennett, Werk
NAYS -- Bair, Cameron, Darrington, Davis, Fulcher, Hammond, Heinrich,
Hill, McKague, Pearce, Richardson, Schroeder, Siddoway, Stegner
Absent and excused -- None
Floor Sponsor - Keough
Title apvd - to House
03/31 To enrol - Rpt enrol - Sp signed
04/01 Pres signed - To Governor
04/14 Governor signed
Session Law Chapter 409
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 602 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO ALL-TERRAIN VEHICLES, UTILITY TYPE VEHICLES AND MOTORBIKES; AMEND- 3 ING SECTION 49-102, IDAHO CODE, TO REVISE A DEFINITION; AMENDING SECTION 4 49-114, IDAHO CODE, TO DEFINE A TERM, TO REVISE DEFINITIONS AND TO MAKE A 5 TECHNICAL CORRECTION; AMENDING SECTION 49-402, IDAHO CODE, TO REMOVE ALL- 6 TERRAIN VEHICLES OPERATED ON PUBLIC HIGHWAYS FROM ANNUAL FEE REQUIREMENT, 7 TO PROVIDE A RESTRICTED VEHICLE LICENSE PLATE FEE FOR OPERATION OF CERTAIN 8 VEHICLES, TO PROVIDE A CODE REFERENCE FOR REGISTRATION OF CERTAIN VEHI- 9 CLES, TO REVISE TERMINOLOGY, TO REVISE CODE REFERENCES AND TO MAKE TECHNI- 10 CAL CORRECTIONS; AMENDING SECTION 49-426, IDAHO CODE, TO REVISE TERMINOL- 11 OGY, TO PROVIDE CODE REFERENCES, TO CLARIFY A CODE REFERENCE, TO REVISE AN 12 EXEMPTION, TO REMOVE AN EXEMPTION FROM OPERATING FEES FOR CERTAIN VEHI- 13 CLES, TO PROVIDE FOR CLOSURE OF CERTAIN ROADS TO CERTAIN VEHICLES AND TO 14 PROVIDE FOR CROSSING OF CERTAIN ROADS BY CERTAIN VEHICLES; AMENDING SEC- 15 TION 49-428, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE A TECHNICAL 16 CORRECTION; AMENDING SECTION 49-443, IDAHO CODE, TO PROVIDE FOR FURNISHING 17 ONE LICENSE PLATE FOR CERTAIN VEHICLES AND TO PROVIDE FOR RESTRICTED VEHI- 18 CLE LICENSE PLATES FOR CERTAIN VEHICLES; AMENDING SECTION 49-456, IDAHO 19 CODE, TO DELETE AN OBSOLETE CODE REFERENCE, TO PROVIDE FOR VIOLATION OF 20 LICENSE AND REGISTRATION STICKER REQUIREMENTS FOR OPERATION OF CERTAIN 21 VEHICLES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-666, IDAHO 22 CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 63-3622R, IDAHO CODE, TO 23 REVISE A DEFINITION; AMENDING SECTION 67-7101, IDAHO CODE, TO REVISE A 24 DEFINITION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-7114, 25 IDAHO CODE, TO REVISE TERMINOLOGY, TO PROVIDE A CODE REFERENCE AND TO MAKE 26 A TECHNICAL CORRECTION; AMENDING SECTION 67-7122, IDAHO CODE, TO PROVIDE 27 FOR REGISTRATION OF CERTAIN VEHICLES USED ON STATE AND FEDERAL PUBLIC 28 LANDS, TO PROVIDE CODE REFERENCES, TO PROVIDE FOR PLACEMENT OF A REGISTRA- 29 TION STICKER, TO REMOVE AN EXCEPTION, TO REVISE A REGISTRATION REQUIREMENT 30 FOR CERTAIN MOTORBIKES AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING 31 SECTION 67-7123, IDAHO CODE, TO REVISE TERMINOLOGY, TO REVISE TRANSFER OF 32 REGISTRATION STICKER, TO PROVIDE FOR TRANSFER OF RESTRICTED VEHICLE 33 LICENSE PLATE AND TO PROVIDE CODE REFERENCES. 34 Be It Enacted by the Legislature of the State of Idaho: 35 SECTION 1. That Section 49-102, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 49-102. DEFINITIONS -- A. (1) "Abandon" means to leave a vehicle on pri- 38 vate property without the permission of the person having rights to the pos- 39 session of the property, or on a highway or other property open to the public 40 for the purposes of vehicular traffic or parking, or upon or within the right- 41 of-way of any highway, for twenty-four (24) hours or longer. 42 (2) "Abandoned vehicle" means any vehicle observed by an authorized offi- 43 cer or reported by a member of the public to have been left within the limits 2 1 of any highway or upon the property of another without the consent of the 2 property owner for a period of twenty-four (24) hours or longer, except that a 3 vehicle shall not be considered abandoned if its owner-operator is unable to 4 remove it from the place where it is located and has notified a law enforce- 5 ment agency and requested assistance. 6 (3) "Accident" means any event that results in an unintended injury or 7 property damage attributable directly or indirectly to the motion of a motor 8 vehicle or its load, a snowmobile or special mobile equipment. 9 (4) "Actual physical control" means being in the driver's position of a 10 motor vehicle with the motor running or the vehicle moving. 11 (5) "Administrator" means the federal highway administrator, the chief 12 executive of the federal highway administration, an agency within the U.S. 13 department of transportation. 14 (6) "Age of a motor vehicle" means the age determined by subtracting the 15 manufacturer's year designation of the vehicle from the year in which the des- 16 ignated registration fee is paid. If the vehicle has the same manufacturer's 17 year designation as the year in which the fee is paid, or if a vehicle has a 18 manufacturer's year designation later than the year in which the fee is paid, 19 the vehicle shall be deemed to be one (1) year old. 20 (7) "Air-conditioning equipment" means mechanical vapor compression 21 refrigeration equipment which is used to cool the driver's or passenger com- 22 partment of any motor vehicle. 23 (8) "Alcohol or alcoholic beverage" means: 24 (a) Beer as defined in 26 U.S.C. section 5052(a), of the Internal Revenue 25 Code; 26 (b) Wine of not less than one-half of one percent (.005%) of alcohol by 27 volume; or 28 (c) Distilled spirits as defined in section 5002(a)(8), of the Internal 29 Revenue Code. 30 (9) "Alley" means a public way of limited use intended only to provide 31 access to the rear or side of lots or buildings in urban districts. 32 (10) "All-terrain vehicle" or "ATV" means any recreation vehicle with 33 three (3) or more tires, weighing undereightnine hundredfifty(85900) 34 pounds,forty-eight (48)fifty (50) inches or less in width, having a 35 wheelbase of sixty-one (61) inches or less, traveling on low-pressure tires of 36 ten (10) psi or less,. Such vehicles shall be registered under the provisions37of section 49-402, Idaho Code, for operation on public highways, unless38exempted under the provisions of section 49-426, Idaho Codehas handlebar 39 steering and a seat designed to be straddled by the operator. 40 (11) "Amateur radio operator." (See "Radio operator, amateur," section 41 49-119, Idaho Code) 42 (12) "Ambulance" means a motor vehicle designed and used primarily for the 43 transportation of injured, sick, or deceased persons, on stretchers, cots, 44 beds, or other devices for carrying persons in a prone position. 45 (13) "Applicant" means an individual who applies to obtain, transfer, 46 upgrade, or renew a driver's license. 47 (14) "Approved driver training course" means a training course from a 48 school licensed under the provisions of chapter 21 of this title. 49 (15) "Approved testing agency" means a person, firm, association, partner- 50 ship or corporation approved by the director of the Idaho state police which 51 is: 52 (a) In the business of testing equipment and systems; 53 (b) Recognized by the director as being qualified and equipped to do 54 experimental testing; and 55 (c) Not under the jurisdiction or control of any single manufacturer or 3 1 supplier for an affected industry. 2 (16) "Armed forces" means the army, navy, marine corps, coast guard and 3 the air force of the United States. 4 (17) "Authorized emergency vehicle." (See "Vehicle," section 49-123, Idaho 5 Code) 6 (18) "Authorized officer" means any member of the Idaho state police, or 7 any regularly employed and salaried deputy sheriff, or other county employee 8 designated to perform the function of removing abandoned vehicles or junk 9 vehicles by the board of county commissioners of the county in which a vehi- 10 cle is located, or any regularly employed and salaried city peace officer or 11 other city employee designated to perform the function of removing abandoned 12 vehicles or junk vehicles by the city council, or a qualified person deputized 13 or appointed by the proper authority as reserve deputy sheriff or city police- 14 man, authorized within the jurisdiction in which the abandoned vehicle or junk 15 vehicle is located. 16 (19) "Authorized transportation department employee" means any employee 17 appointed by the board to perform duties relating to enforcement of vehicle 18 laws as have been specifically defined and approved by order of the board (see 19 section 40-510, Idaho Code). 20 (20) "Auto transporter" means a vehicle combination constructed for the 21 purpose of transporting vehicles. 22 SECTION 2. That Section 49-114, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 49-114. DEFINITIONS -- M. (1) "Major component part" means a rear clip, 25 cowl, frame or inner structure forward of the cowl, body, cab, front end 26 assembly, front clip or such other part which is critical to the safety of the 27 vehicle. 28 (2) "Manifest" means a form used for identifying the quantity, composi- 29 tion, origin, routing, waste or material identification code and destination 30 of hazardous material or hazardous waste during any transportation within, 31 through, or to any destination in this state. 32 (3) "Manufactured home." (See section 39-4105, Idaho Code) 33 (4) "Manufacturer" means every person engaged in the business of con- 34 structing or assembling vehicles of a type required to be registered at an 35 established place of business in this state. The term, for purposes of sec- 36 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall 37 include a distributor and other factory representatives. 38 (5) "Manufacturer's year designation" means the model year designated by 39 the vehicle manufacturer, and not the year in which the vehicle is, in fact, 40 manufactured. 41 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped 42 for operation, to which shall be added the maximum load to be carried as 43 declared by the owner in making application for registration. When a vehicle 44 against which a registration fee is assessed is a combination of vehicles, the 45 term "maximum gross weight" means the combined maximum gross weights of all 46 vehicles in the combination. 47 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code) 48 (8) "Mileage" means actual distance that a vehicle has traveled. 49 (9) "Moped" means a limited-speed motor-driven cycle having: 50 (a) Both motorized and pedal propulsion that is not capable of propelling 51 the vehicle at a speed in excess of thirty (30) miles per hour on level 52 ground, whether two (2) or three (3) wheels are in contact with the ground 53 during operation. If an internal combustion engine is used, the displace- 4 1 ment shall not exceed fifty (50) cubic centimeters and the moped shall 2 have a power drive system that functions directly or automatically without 3 clutching or shifting by the operator after the drive system is engaged; 4 or 5 (b) Two (2) wheels or three (3) wheels with no pedals, which is powered 6 solely by electrical energy, has an automatic transmission, a motor which 7 produces less than two (2) gross brake horsepower, is capable of propel- 8 ling the device at a maximum speed of not more than thirty (30) miles per 9 hour on level ground and as originally manufactured, meets federal motor 10 vehicle safety standards for motor-driven cycles. A moped is not required 11 to be titled and no motorcycle endorsement is required for its operator. 12 (10) "Motorbike" means a vehicle as defined in section 67-7101, Idaho 13 Code. Such vehicle shall be titled and may be approved for motorcycle regis- 14 tration pursuant to section 49-402, Idaho Code, upon certification by the 15 owner of the installation and use of conversion components that make the 16 motorbike compliant with federal motor vehicle safety standards. 17 (11) "Motorcycle" means every motor vehicle having a seat or saddle for 18 the use of the rider and designed to travel on not more than three (3) wheels 19 in contact with the ground, but excludingthat meets the federal motor vehicle 20 safety standards as originally designed, and includes a converted motorbike, 21 but does not include a motor-driven cycle, a motorbike, a tractor and moped. 22 (112) "Motor carrier" means an individual, partnership, corporation or 23 other legal entity engaged in the transportation by motor vehicle of persons 24 or property in the furtherance of a business or for hire. 25 (123) "Motor home" means a vehicular unit designed to provide temporary 26 living quarters, built into an integral part or permanently attached to a 27 self-propelled motor vehicle chassis. The vehicle must contain permanently 28 installed independent life support systems which meet the American National 29 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro- 30 vide at least four (4) of the following facilities: cooking, refrigeration or 31ice boxicebox, self-contained toilet, heating and/or air conditioning, a 32 potable water supply system, including a faucet and sink, separate 110-125 33 volt electrical power supply and/or LP-gas supply. 34 (134) "Motorized wheelchair" means a motor vehicle with a speed not in 35 excess of eight (8) miles per hour, designed for and used by a handicapped 36 person. 37 (145) "Motor number." (See "Identifying number," section 49-110, Idaho 38 Code) 39 (156) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code) 40 (167) "Motor vehicle liability policy" means an owner's or operator's pol- 41 icy of liability insurance, certified as provided in section 49-1210, Idaho 42 Code, as proof of financial responsibility, and issued by an insurance carrier 43 duly authorized to transact business in this state, to or for the benefit of 44 the person named therein as insured. 45 (178) "Motor vehicle record" means any record that pertains to a motor 46 vehicle registration, motor vehicle title or identification documents or other 47 similar credentials issued by the department or other state or local agency. 48 SECTION 3. That Section 49-402, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup 51 truck, each neighborhood electric vehicle and each other motor vehicle having 52 a maximum gross weight not in excess of eight thousand (8,000) pounds shall 53 be: 5 1 Vehicles one (1) and two (2) years old ............................ $48.00 2 Vehicles three (3) and four (4) years old ......................... $36.00 3 Vehicles five (5) and six (6) years old ........................... $36.00 4 Vehicles seven (7) and eight (8) years old ........................ $24.00 5 Vehicles over eight (8) years old ................................. $24.00 6 There shall be twelve (12) registration periods, starting in January for 7 holders of validation registration stickers numbered 1, and proceeding con- 8 secutively through December for holders of validation registration stickers 9 numbered 12, each of which shall start on the first day of a calendar month 10 and end on the last day of the twelfth month from the first day of the begin- 11 ning month. Registration periods shall expire midnight on the last day of the 12 registration period in the year designated by the validation registration 13 sticker. The numeral digit on the validation registration stickers shall, as 14 does the registration card, fix the registration period under the staggered 15 plate system of Idaho for the purpose of reregistration and notice of expira- 16 tion. 17 A vehicle that has once been registered for any of the above designated 18 periods shall, upon reregistration, be registered for the period bearing the 19 same number, and the registration card shall show and be the exclusive proof 20 of the expiration date of registration and licensing. Vehicles may be ini- 21 tially registered for less than a twelve (12) month period, or for more than a 22 twelve (12) month period, and the fee prorated on a monthly basis if the frac- 23 tional registration tends to fulfill the purpose of the monthly series regis- 24 tration system. 25 (2) For all school buses operated either by a nonprofit, nonpublic school 26 or operated pursuant to a service contract with a school district for trans- 27 porting children to or from school or in connection with school approved 28 activities, the annual fee shall be twenty-four dollars ($24.00). 29 (3) For all motorcyclesand all-terrain vehiclesoperated upon the public 30 highways the annual fee shall be nine dollars ($9.00). 31 (4) For operation of an all-terrain vehicle, utility type vehicle or 32motorcycle off the public highwaysmotorbike, excluding a motorbike with an 33 engine displacement of fifty (50) cubic centimeters or less, on public lands, 34 a restricted vehicle license plate fee pursuant to section 49-450, Idaho Code, 35 shall be paid. In addition, the registration fee specified in section 67-7122, 36 Idaho Code, shall be paid as provided in section 67-7122, Idaho Code. The 37 rRegistration and restricted vehicle license plate exemptionsprovided in sec- 38 tion 49-426(2),(3) and (4),Idaho Code,applyapplies to all-terrain 39 vehicles, utility type vehicles, motorbikes and motorcycles used for the pur- 40 poses described in subsections(2), (3) and (4)of section 49-426, Idaho Code. 41 (45) For all motor homes the fee shall be as specified in subsection (1) 42 of this section and shall be in addition to the fees provided for in section 43 49-445, Idaho Code. 44 (56) Registration fees shall not be subject to refund. 45 (67) A financial institution or repossession service contracted to a 46 financial institution repossessing vehicles under the terms of a security 47 agreement shall move the vehicle from the place of repossession to the finan- 48 cial institution's place of business on a repossession plate. The repossession 49 plate shall also be used for demonstrating the vehicle to a prospective pur- 50 chaser for a period not to exceed ninety-six (96) hours. The registration fees 51 for repossession plates shall be as required in subsection (1) of this section 52 for a vehicle one (1) and two (2) years old. All other fees required under 53 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee. 54 The repossession plate shall be issued on an annual basis by the department. 55 (78) In addition to the annual registration fee in this section, there 6 1 shall be an initial program fee of twenty-five dollars ($25.00) and an annual 2 program fee of fifteen dollars ($15.00) for all special license plate programs 3 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408, 4 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special plates 5 issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an 6 initial program fee of twenty-five dollars ($25.00) but there shall be no 7 annual renewal fee. For special plates issued pursuant to sections 49-415C, 8 49-415D, 49-416A, 49-416B, 49-416C, 49-416D, 49-416E, 49-417, 49-417A, 9 49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-418E, 49-419, 49-419A, 10 49-419B, 49-419C, 49-419D, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420E 11 and 49-420G, Idaho Code, there shall be an initial program fee of thirty-five 12 dollars ($35.00) and an annual program fee of twenty-five dollars ($25.00). 13 The fees contained in this subsection shall be applicable to all new special 14 plate programs. The initial program fee and the annual program fee shall be 15 deposited in the state highway account and shall be used to fund the cost of 16 administration of special license plate programs, unless otherwise specified 17 by law. 18 SECTION 4. That Section 49-426, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 49-426. EXEMPTIONS FROM OPERATING FEES. The provisions of this chapter 21 with respect to operating fees shall not apply to: 22 (1) Motor vehicles owned or leased by the United States, the state, a 23 city, a county, any department thereof, any political subdivision or municipal 24 corporation of the state, any taxing district of the state, any state regis- 25 tered nonprofit subscription fire protection unit, or any organization, 26 whether incorporated or unincorporated, organized for the operation, mainte- 27 nance, or management of an irrigation project or irrigation works or system or 28 for the purpose of furnishing water to its members or shareholders, but in 29 other respects shall be applicable. 30 (2) Farm tractors, implements of husbandry, those manufactured homes 31 which qualify for an exemption under the provisions of section 49-422, Idaho 32 Code, road rollers, wheel mounted tar buckets, portable concrete and/or mortar 33 mixers, wheel mounted compressors, tow dollies, portable toilet trailers, 34 street sweepers, and similar devices as determined by the department which are 35 temporarily operated or moved upon the highways need not be registered under 36 the provisions of this chapter, nor shall implements of husbandry be consid- 37 ered towed units under registration of vehicle combinations as defined in sec- 38 tion 49-108(2), Idaho Code. In addition, self-propelled wheelchairs, three- 39 wheeled bicycles, wheelchair conveyances, golf carts, lawn mowers, and 40 scooters operated by persons who by reason of physical disability are other- 41 wise unable to move about as pedestrians shall be exempt from registration 42 requirements under the provisions of this chapter. Motorcycles, motorbikes, 43 utility type vehicles and all-terrain vehicles need not beregisteredlicensed 44 under the provisions of this chapter or registered pursuant to the provisions 45 of section 67-7122, Idaho Code, if they are:46(a) Bbeing used exclusively in connection with agricultural, horticul- 47 tural, dairy and livestock growing and feeding operations or used exclu- 48 sively for snow removal purposes. Travel upon the public highways shall be 49 limited to travel between farm or ranch locations. Motorcycles, 50 motorbikes, utility type vehicles and all-terrain vehicles used for this 51 purpose shall meet the emblem requirements of section 49-619, Idaho Code;52or53(b) Used exclusively on unpaved highways located on state public lands or7 1federal public lands which are not part of the highway system of the state2of Idaho, a county, highway district or city, provided the registration3requirements of section 49-402 or section 67-7122, Idaho Code, are met. 4 (3) Any political subdivision of the state of Idaho may, but only after 5 sufficient public notice is given and a public hearing held, adopt local ordi- 6 nances designating highways or sections of highways under its jurisdiction 7uponwhichunregisteredare closed to all-terrain vehicles, utility type vehi- 8 cles andmotorcycles may be operatedmotorbikes licensed pursuant to this 9 chapter and registered pursuant to section 67-7122, Idaho Code, and those 10 vehicles exempt from licensing and registration pursuant to subsection (2) of 11 this section.NoThe operation of licensed and registered all-terrain vehi- 12 cles, utility type vehicles and motorbikes and those vehicles exempt from 13 licensing and registration pursuant to subsection (2) of this section shall 14 not be permitted on controlled access highways.shall be designated under this15subsection.The requirements of title 18 and chapters 6, 8, 12, 13 and 14, 16 title 49, Idaho Code, shall apply to the operation of anyunregistered motor-17cycle andlicensed and registered all-terrain vehicle, utility type vehicle or 18 motorbike or those vehicles exempt from licensing and registration pursuant to 19 subsection (2) of this section uponsuch designatedhighways that are not 20 closed to such vehicles. Costs related to the posting of signs onsuch desig-21natedhighways or sections of highways that are closed to such vehicles, indi- 22 cating the ordinance, are eligible for reimbursement through the motorbike 23 recreation account created in section 67-7126, Idaho Code. 24 (4) The Idaho transportation board may designate sections of state high- 25 ways over which all-terrain vehicles, utility type vehicles andmotorcycles26not registered under this chapter 4motorbikes licensed pursuant to this chap- 27 ter and registered pursuant to section 67-7122, Idaho Code, and those vehicles 28 exempt from licensing and registration pursuant to subsection (2) of this sec- 29 tion may cross. The requirements of title 18, and chapters 6, 8, 12, 13 and 30 14, title 49, Idaho Code, shall apply to the operation ofunregistered31 licensed and registered all-terrain vehicles, utility type vehicles andmotor-32cyclesmotorbikes and those vehicles exempt from licensing and registration 33 pursuant to subsection (2) of this section when using designated crossings on 34 state highways. 35 SECTION 5. That Section 49-428, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 49-428. DISPLAY OF PLATE AND STICKERS. (1) License plates assigned to a 38 motor vehicle shall be attached, one (1) in the front and the other in the 39 rear, with the exception of the following: 40 (a) The license plate assigned to a motorcycle, all-terrain vehicle, 41 utility type vehicle, motorbike or semitrailer and the license plate 42 assigned to a motor vehicle operated by a manufacturer, repossession agent 43 or dealer shall be attached to the rear. 44 (b) Vehicles displaying year of manufacture, old timer, classic car or 45 street rod license plates shall be allowed to display one (1) plate 46 attached to the rear of the vehicle. 47 (c) The license plate attached to a tractor shall be attached to the 48 front. 49 License plates shall be displayed during the current registration year. The 50 annual registration sticker for the current registration year shall be dis- 51 played on each license plate, except for trailers and semitrailers on extended 52 registration under the provisions of section 49-434, Idaho Code. For the pur- 53 poses of this title, the license plates together with the registration 8 1 stickers shall be considered as license plates for the year designated on the 2 registration sticker. 3 (2) Every license plate shall at all times be securely fastened to the 4 vehicle to which it is assigned to prevent the plate from swinging, be at a 5 height not less than twelve (12) inches from the ground, measuring from the 6 bottom of the plate, be in a place and position to be clearly visible, and 7 shall be maintained free from foreign materials and in a condition to be 8 clearly legible, and all registration stickers shall be securely attached to 9 the license plates and shall be displayed as provided in section 49-443(4), 10 Idaho Code. 11 SECTION 6. That Section 49-443, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-443. LICENSE PLATES TO BE FURNISHED BY DEPARTMENT -- FORM AND CON- 14 TENTS. (1) The assessor or the department shall furnish to every owner whose 15 vehicle is registered or licensed by that office, pursuant to sections 49-402 16 and 49-402A, Idaho Code, one (1) license plate for vehicles registered under 17 the provisions of section 49-406, 49-406A or 49-408, Idaho Code, or a motor- 18 cycle, trailer, truck-tractor, or semitrailer,; one (1) restricted vehicle 19 license plate for all-terrain vehicles, utility type vehicles and motorbikes 20 licensed pursuant to this chapter; and two (2) license plates for every other 21 motor vehicle. If a vehicle is issued one (1) plate only, that plate shall be 22 displayed in accordance with the provisions of section 49-428, Idaho Code. For 23 vehicles registered under the provisions of section 49-407, Idaho Code, the 24 applicant shall provide one (1) plate to be displayed on the rear of the vehi- 25 cle. 26 Commencing January 1, 1992, the color and design of the plates shall be 27 comparable to the color and design of the statehood centennial issue of 28 license plates with blue numerals and letters on a multicolored red, white and 29 blue background. Each license plate must bear upon its face the inscriptions 30 "Famous Potatoes" and "Scenic Idaho." The restricted vehicle license plate for 31 all-terrain vehicles, utility type vehicles and motorbikes shall be a white 32 background with black numerals and letters, with "Idaho Restricted Vehicle" 33 and the year of its expiration on its face and no other inscription. The 34 restricted vehicle license plate shall be the same size required for the 35 motorcycle license plate. 36 Every license plate shall have displayed upon it the registration number 37 assigned to the vehicle and its owner and the name "Idaho" which may be abbre- 38 viated. The plates issued under the provisions of section 49-402(1), Idaho 39 Code, and the required letters and numerals, including an identification of 40 the county in which the motor vehicle to which the plates will be affixed is 41 registered, shall be of sufficient size to be plainly readable from a distance 42 of seventy-five (75) feet during daylight, and each license plate and regis- 43 tration sticker shall be treated with a fully reflectorized material according 44 to specifications prescribed by the board. 45 (2) License plates shall be valid for a period of seven (7) years begin- 46 ning with the date of issuance of new plates. At the end of the sixth year, 47 the registered owner shall receive notice of the date upon which the plates 48 will expire. The department shall implement a plate-number reservation program 49 beginning prior to the 1999 plate issue and following once every seven (7) 50 years thereafter, for a limited plate-number sequence in each county which 51 chooses to offer a reservation program. Requests for license plate number res- 52 ervations shall be submitted to the county during the open reservation period 53 established by the department. The department may charge a minimal fee as 9 1 determined by the board to recover costs to the department for reservation of 2 license plate numbers. The provisions of this subsection (2) shall not apply 3 to any license plates issued pursuant to the provisions of section 49-434(4), 4 Idaho Code. 5 (3) If a license plate number has expired as provided in subsection (2) 6 of this section and the number was not reserved, or if the vehicle registra- 7 tion is not renewed within sixty (60) days of its expiration, the plate number 8 shall be available for use by another registrant. To obtain a specific number 9 in the recycled license plate number file, the owner of a registered vehicle 10 shall pay a one (1) time fee as determined by rule of the board. 11 The provisions of this subsection shall apply only to vehicles registered 12 under the provisions of section 49-402(1), Idaho Code, and section 49-434(1), 13 Idaho Code, as it applies to noncommercial vehicles. 14 (4) License plates issued for vehicles required to be registered in 15 accordance with the provisions of sections 49-402 and 49-402A, Idaho Code, 16 shall be issued color coded registration validation stickers showing the year 17 of registration. Each registration validation sticker shall bear a number from 18 1 through 12, which number shall correspond to the month of the calendar year 19 in which the registration of the vehicle expires and shall be affixed to the 20 lower right-hand corner of the plates within the outlined rectangular area. 21 (5) License plates for utility trailers registered under the provisions 22 of section 49-402A, Idaho Code, which are issued for five (5) or ten (10) 23 years and license plates for rental utility trailers registered under the pro- 24 visions of section 49-434, Idaho Code, which are issued for up to five (5) 25 years, shall use the design in effect on the date of manufacture. If a design 26 change occurs, plates from the effective date of the design change shall be 27 manufactured using the new design. Unexpired plates need not be reissued to 28 conform to a design change. 29 (6) For license plates which are lost, stolen, mutilated, or illegible, 30 the owner shall apply for a duplicate or substitute. The assessor shall also 31 furnish for each registration, and to validate the license plate, a pressure- 32 sensitive, uniquely-numbered registration sticker, except for trailers and 33 semitrailers registered under the nonexpiring provisions in section 49-434, 34 Idaho Code. License plates issued for state, county and city motor vehicles 35 shall be permanent and remain on the vehicle for which issued from year to 36 year, and need no renewal or validation sticker. 37 (7) Whenever a vehicle is completely destroyed by fire or accident and 38 the operator submits satisfactory proof of that destruction to the department 39 or appropriate assessor's office, the registration use increment and fees 40 shall be transferred to the replacement vehicle for a service transfer fee of 41 five dollars ($5.00), which fee shall be retained by the registering author- 42 ity. None of the original fees shall be subject to refund. 43 (8) The department shall furnish to every owner whose vehicle is regis- 44 tered under sections 49-434 and 49-435, Idaho Code, a pressure-sensitive, 45 uniquely-numbered registration sticker to validate the license plate, provided 46 however, the provisions of this subsection (8) shall not apply to trailers and 47 semitrailers registered under the provisions of section 49-434(4), Idaho Code. 48 (9) The board shall have authority to require the return to the depart- 49 ment of all license plates and registration stickers upon termination of the 50 lawful use of them by the owner. 51 (10) The board may promulgate such rules as are necessary to implement the 52 provisions of this section. 53 SECTION 7. That Section 49-456, Idaho Code, be, and the same is hereby 54 amended to read as follows: 10 1 49-456. VIOLATIONS OF REGISTRATION PROVISIONS. It shall be unlawful for 2 any person: 3 (1) To operate or for the owner to permit the operation upon a highway of 4 any motor vehicle, trailer or semitrailer which is not registered and which 5 does not have attached and displayed the license plates assigned to it for the 6 current registration year, subject to the exemptions allowed in sections 7 49-426, 49-431,and 49-432,and 49-433,Idaho Code. 8 (2) To operate or for the owner to permit the operation on state and fed- 9 eral public lands or upon highways, or sections of highways, as permitted 10 under section 49-426(3) and (4), Idaho Code, any all-terrain vehicle, utility 11 type vehicle or motorbike that does not have a valid and properly displayed 12 restricted license plate issued pursuant to this chapter and attached regis- 13 tration sticker issued pursuant to section 67-7122, Idaho Code, subject to the 14 exemptions allowed in section 49-426(2), Idaho Code. 15 (3) To display or cause or permit to be displayed, or to have in posses- 16 sion any registration card or license plate knowing the same to be fictitious 17 or to have beencancelledcanceled, revoked, suspended or altered. 18 (34) To lend or knowingly permit the use by one not entitled to any reg- 19 istration card or license plate issued to the person so lending or permitting 20 that use. 21 (45) To fail or refuse to surrender to the department, upon demand, any 22 registration card or license plate which has been suspended,cancelledcan- 23 celed or revoked. 24 (56) To use a false or fictitious name or address in any application for 25 the registration of any vehicle or for any renewal or duplicate, or knowingly 26 to make a false statement or conceal a material fact or otherwise commit a 27 fraud in any application. 28 SECTION 8. That Section 49-666, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 49-666. MOTORCYCLE, MOTORBIKE, UTV AND ATV SAFETY HELMETS -- REQUIREMENTS 31 AND STANDARDS. No person under eighteen (18) years of age shall ride upon or 32 be permitted to operate a motorcycle, motorbike, utility type vehicle or an 33 all-terrain vehicle unless at all times when so operating or riding upon the 34 vehicle he is wearing, as part of his motorcycle, motorbike, UTV or ATV equip- 35 ment, a protective safety helmet of a type and quality equal to or better than 36 the standards established for helmets by the director, except the provisions 37 of this section shall not apply when such vehicles are operated or ridden on 38 private property, or when used as an implement of husbandry. 39 SECTION 9. That Section 63-3622R, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 63-3622R. MOTOR VEHICLES, USED MANUFACTURED HOMES, VESSELS, ALL-TERRAIN 42 VEHICLES, TRAILERS, OFF-ROAD MOTORCYCLES, SNOWMOBILES AND GLIDER KITS. There 43 are exempted from the taxes imposed by this chapter: 44 (a) Sales to nonresidents of motor vehicles, trailers, vessels, all- 45 terrain vehicles (ATVs), motorcycles intended for off-road use and snowmo- 46 biles, for use outside of this state even though delivery be made within this 47 state, but only when: 48 (1) The motor vehicles, vessels, ATVs, motorcycles intended for off-road 49 use, snowmobiles or trailers will be taken from the point of delivery in 50 this state directly to a point outside this state; and 51 (2) The motor vehicles, vessels, ATVs, motorcycles intended for off-road 11 1 use, snowmobiles and trailers will be registered immediately under the 2 laws of another state, will be titled in another state if required to be 3 titled in that state, will not be used in this state more than sixty (60) 4 days in any twelve (12) month period, and will not be required to be 5 titled under the laws of this state. 6 (3) For the purpose of this subsection (a), the term "all-terrain vehi- 7 cle" or "ATV" meansany recreational vehicle with three (3) or more tires,8weighing under eight hundred fifty (850) pounds, forty-eight (48) inches9or less in width, having a wheelbase of sixty-one (61) inches or less,10traveling on low-pressure tires of ten (10) psi or lessall-terrain vehi- 11 cle or ATV as defined in section 49-102, Idaho Code. 12 (4) For the purpose of this section, the term "vessel" means any boat 13 intended to carry one (1) or more persons upon the water which is either: 14 (i) Sold together with a motor, or 15 (ii) Eleven (11) feet in length or more, but shall not include 16 canoes, kayaks or inflatable boats, unless such canoes, kayaks or in- 17 flatable boats are sold together with a motor. 18 (b) Sale of used manufactured homes, whether or not such used manufac- 19 tured homes are sold for use outside this state, and whether or not such used 20 manufactured homes are sold by a dealer. Every manufactured home sale after 21 its sale as a "new manufactured home," as defined in section 63-3606, Idaho 22 Code, is a sale as a used manufactured home. 23 (c) Sale or lease of motor vehicles with a maximum gross registered 24 weight over twenty-six thousand (26,000) pounds, which shall be immediately 25 registered under the international registration plan, whether or not base 26 plated in Idaho, and the sale or lease of trailers which are part of a fleet 27 of vehicles registered under the international registration plan when such 28 vehicles and trailers are substantially used in interstate commerce. If such a 29 motor vehicle or trailer is not substantially used in interstate commerce dur- 30 ing any annual registration period under the international registration plan, 31 it shall be deemed used in Idaho and subject to the use tax under section 32 63-3621, Idaho Code. For the purpose of this subsection, "substantially used 33 in interstate commerce" means that the vehicles or trailers will be part of a 34 fleet with a minimum of ten percent (10%) of the miles operated by the fleet 35 accrued outside of Idaho in any annual registration period under the interna- 36 tional registration plan. 37 (d) The sale or purchase of a glider kit when the glider kit will be used 38 to assemble a glider kit vehicle as defined in section 49-123, Idaho Code, 39 which will be immediately registered under a plan defined in subsection (c) of 40 this section, provided that if the glider kit vehicle is not substantially 41 used in interstate commerce as defined in subsection (c) of this section dur- 42 ing any registration period, it shall be subject to the use tax under section 43 63-3621, Idaho Code. 44 (e) The use or other consumption of a motor vehicle temporarily donated 45 to a driver's education program sponsored by a nonprofit educational institu- 46 tion as defined in section 63-3622O, Idaho Code. 47 SECTION 10. That Section 67-7101, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 67-7101. DEFINITIONS. In this chapter: 50 (1) "All-terrain vehicle (ATV)" means any recreation vehicle with three 51 (3) or more tires, undereightnine hundredfifty(85900) pounds andforty-52eight (48)fifty (50) inches or less in width, having a wheelbase of sixty-one 53 (61) inches or less, traveling on low-pressure tires of ten (10) psi or less, 12 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. 35 (15) "Utility type vehicle (UTV)" means any recreational motor vehicle 36 other than an ATV, motorbike or snowmobile as defined in this section, 37 designed for and capable of travel over designated unpaved roads, traveling on 38 four (4) or more low-pressure tires of twenty (20) psi or less, maximum width 39 less than seventy-four (74) inches, maximum weight less than two thousand 40 (2,000) pounds, or having a wheelbase of ninety-four (94) inches or less. 41 Utility type vehicle does not include golf carts, vehicles specially designed 42 to carry a disabled person, implements of husbandry as defined in section 43 49-110(2), Idaho Code, or vehicles otherwise registered under title 49, Idaho 44 Code. 45 (16) "Vendor" means any entity authorized by the department to sell recre- 46 ational registrations. 47 (17) "Winter recreational parking locations" means designated parking 48 areas established and maintained with funds acquired from the cross-country 49 skiing account. 50 SECTION 11. That Section 67-7114, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 67-7114. OPERATION UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER 53 INTOXICATING SUBSTANCE. Any person driving or operating a snowmobile, 13 1 motorbike, utility type vehicle or all-terrain vehicle under the influence of 2 alcohol, drugs or any other intoxicating substance on a public roadway or 3 highway, as authorized in this chapter or in section 49-426(3) and (4), Idaho 4 Code, oroff-roadoff road shall be guilty of a misdemeanor. 5 SECTION 12. That Section 67-7122, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 67-7122. REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) On or before Jan- 8 uary 1 of each year, the owner of any all-terrain vehicle, motorbike or util- 9 ity type vehicle as defined in section 67-7101, Idaho Code, or any motorcycle 10 as defined in section 49-114, Idaho Code, used off public highways, on state 11 or federal public lands or on highwaysdesignatedas prescribed in section 12 49-426(3) and (4), Idaho Code, but excluding those vehicles used exclusively 13 on private land for agricultural use or used exclusively for snow removal pur- 14 poses as provided in section 49-426(2), Idaho Code, shall register that vehi- 15 cleat any vendor authorized by the departmentwith the county assessor or 16 other county motor vehicle office as may be designated by the county assessor. 17 A fee of ten dollars ($10.00) shall be charged for each registration, which 18 fee includes a one dollar and fifty cent ($1.50)vendorfee to be retained by 19 the county assessor and the remainder of which shall be remitted to the 20 department together with a duplicate copy of the application form, noting the 21 number of the registration sticker issued. 22 (2)At the time of sale from any dealer, eEach motorbike, all-terrain 23 vehicle or utility type vehicle sold to an Idaho resident, but excluding those 24 vehicles to be used exclusively on private land for agricultural use or used 25 exclusively for snow removal purposes as provided in section 49-426(2), Idaho 26 Code, must be registered.before it leaves the premises.27 (a) Application blanks and registration stickers shall be supplied by the 28 department and the registration sticker shall be issued to the person mak- 29 ing application for registration.The vendor issuing the registration30sticker shall, upon receipt of the application in approved form, issue to31the applicant a motorbike, ATV or UTV sticker and shall note the number32of the sticker in his records and shall supply a duplicate copy of the33application form, noting the number of the sticker issued, to the depart-34ment.35 (b) All registration stickers which are issued shall be in force through 36 December 31 of the issued year. All registration stickers shall be renewed 37 by the owner of the all-terrain vehicle, motorbike or utility type vehicle 38 in the same manner provided for in the initial securing of the same or 39 with any vendor authorized by the department. A vendor issuing a renewal 40 registration sticker shall retain a one dollar and fifty cent ($1.50) 41 vendor fee and remit the remainder of the ten dollar ($10.00) renewal reg- 42 istration sticker fee to the department together with a duplicate copy of 43 the application form, noting the number of the registration sticker 44 issued. 45 (c) The issued registration sticker shall be placed upon the restricted 46 vehicle license plate of the all-terrain vehicle, motorbike or utility 47 type vehicle or upon the license plate of a vehicle registered pursuant to 48 section 49-402(3), Idaho Code, in such a manner that it is completely vis- 49 ible, does not cover the license plate numbers or letters and shall be 50 kept in a legible condition at all times. 51 (23) For operation ofan all-terrain vehicle ora motorbike that meets 52 the requirements specified in section 49-114(10), Idaho Code, on the public 53 highways, the vehicle shall also be registered pursuant to the provisions of 14 1 section 49-402(3), Idaho Code, except for those highways defined in section249-426, Idaho Code. A motorbike that meets the requirements specified in sec- 3 tion 49-114(10), Idaho Code, and that is registered pursuant to section 4 49-402(3), Idaho Code, shall not be required to obtain a restricted license 5 plate pursuant to section 49-402(4), Idaho Code. 6 SECTION 13. That Section 67-7123, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-7123. TRANSFER OF REGISTRATION STICKER AND RESTRICTED VEHICLE LICENSE 9 PLATE. The purchaser of anoff-highway motorall-terrain vehicle, utility type 10 vehicle or motorbike, which has been previously registered pursuant to section 11 67-7122, Idaho Code, and issued a restricted vehicle license plate pursuant to 12 section 49-402, Idaho Code, shall within fifteen (15) days after acquiring 13 same, make application toa vendorthe county assessor or county motor vehicle 14 office as may be designated by the county assessor for transfer to him of the 15 sticker of registration and restricted vehicle license plate issued to the 16off-highwayvehicle, giving the same information as on the original applica- 17 tion and the number of the registration sticker and restricted vehicle license 18 plate, and shall at the same time pay a transfer fee of one dollar and fifty 19 cents ($1.50).
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Wood (35) Seconded by Hagedorn IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 602 1 AMENDMENT TO SECTION 4 2 On page 7 of the printed bill, following line 34, insert: 3 "(5) Subject to the licensing requirement provided for in section 4 49-402(4), Idaho Code, all-terrain vehicles, utility type vehicles and 5 motorbikes may be used on unpaved highways located on state public lands or 6 federal public lands which are not part of the highway system of the state of 7 Idaho, provided the registration requirements of section 67-7122, Idaho Code, 8 are met.". 9 CORRECTIONS TO TITLE 10 On page 1, in line 13, delete "AND" and insert: ","; and in line 14, fol- 11 lowing "VEHICLES" insert: "AND TO PROVIDE FOR USE OF CERTAIN VEHICLES ON CER- 12 TAIN UNPAVED HIGHWAYS". 2 Moved by Wood (35) Seconded by Hagedorn IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 602 1 AMENDMENTS TO SECTION 12 2 On page 13 of the printed bill, in line 10, delete "on state"; in line 11, 3 delete "or federal public lands" and insert: "on unpaved highways located on 4 state public lands or federal public lands which are not part of the highway 5 system of the state of Idaho". 6 CORRECTIONS TO TITLE 7 On page 1, in line 27, delete "STATE AND FEDERAL PUBLIC"; in line 28, 8 delete "LANDS" and insert: "CERTAIN UNPAVED HIGHWAYS".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 602, As Amended BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO ALL-TERRAIN VEHICLES, UTILITY TYPE VEHICLES AND MOTORBIKES; AMEND- 3 ING SECTION 49-102, IDAHO CODE, TO REVISE A DEFINITION; AMENDING SECTION 4 49-114, IDAHO CODE, TO DEFINE A TERM, TO REVISE DEFINITIONS AND TO MAKE A 5 TECHNICAL CORRECTION; AMENDING SECTION 49-402, IDAHO CODE, TO REMOVE ALL- 6 TERRAIN VEHICLES OPERATED ON PUBLIC HIGHWAYS FROM ANNUAL FEE REQUIREMENT, 7 TO PROVIDE A RESTRICTED VEHICLE LICENSE PLATE FEE FOR OPERATION OF CERTAIN 8 VEHICLES, TO PROVIDE A CODE REFERENCE FOR REGISTRATION OF CERTAIN VEHI- 9 CLES, TO REVISE TERMINOLOGY, TO REVISE CODE REFERENCES AND TO MAKE TECHNI- 10 CAL CORRECTIONS; AMENDING SECTION 49-426, IDAHO CODE, TO REVISE TERMINOL- 11 OGY, TO PROVIDE CODE REFERENCES, TO CLARIFY A CODE REFERENCE, TO REVISE AN 12 EXEMPTION, TO REMOVE AN EXEMPTION FROM OPERATING FEES FOR CERTAIN VEHI- 13 CLES, TO PROVIDE FOR CLOSURE OF CERTAIN ROADS TO CERTAIN VEHICLES, TO PRO- 14 VIDE FOR CROSSING OF CERTAIN ROADS BY CERTAIN VEHICLES AND TO PROVIDE FOR 15 USE OF CERTAIN VEHICLES ON CERTAIN UNPAVED HIGHWAYS; AMENDING SECTION 16 49-428, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE A TECHNICAL CORREC- 17 TION; AMENDING SECTION 49-443, IDAHO CODE, TO PROVIDE FOR FURNISHING ONE 18 LICENSE PLATE FOR CERTAIN VEHICLES AND TO PROVIDE FOR RESTRICTED VEHICLE 19 LICENSE PLATES FOR CERTAIN VEHICLES; AMENDING SECTION 49-456, IDAHO CODE, 20 TO DELETE AN OBSOLETE CODE REFERENCE, TO PROVIDE FOR VIOLATION OF LICENSE 21 AND REGISTRATION STICKER REQUIREMENTS FOR OPERATION OF CERTAIN VEHICLES 22 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-666, IDAHO CODE, TO 23 REVISE TERMINOLOGY; AMENDING SECTION 63-3622R, IDAHO CODE, TO REVISE A 24 DEFINITION; AMENDING SECTION 67-7101, IDAHO CODE, TO REVISE A DEFINITION 25 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-7114, IDAHO CODE, 26 TO REVISE TERMINOLOGY, TO PROVIDE A CODE REFERENCE AND TO MAKE A TECHNICAL 27 CORRECTION; AMENDING SECTION 67-7122, IDAHO CODE, TO PROVIDE FOR REGISTRA- 28 TION OF CERTAIN VEHICLES USED ON CERTAIN UNPAVED HIGHWAYS, TO PROVIDE CODE 29 REFERENCES, TO PROVIDE FOR PLACEMENT OF A REGISTRATION STICKER, TO REMOVE 30 AN EXCEPTION, TO REVISE A REGISTRATION REQUIREMENT FOR CERTAIN MOTORBIKES 31 AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 67-7123, IDAHO 32 CODE, TO REVISE TERMINOLOGY, TO REVISE TRANSFER OF REGISTRATION STICKER, 33 TO PROVIDE FOR TRANSFER OF RESTRICTED VEHICLE LICENSE PLATE AND TO PROVIDE 34 CODE REFERENCES. 35 Be It Enacted by the Legislature of the State of Idaho: 36 SECTION 1. That Section 49-102, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 49-102. DEFINITIONS -- A. (1) "Abandon" means to leave a vehicle on pri- 39 vate property without the permission of the person having rights to the pos- 40 session of the property, or on a highway or other property open to the public 41 for the purposes of vehicular traffic or parking, or upon or within the right- 42 of-way of any highway, for twenty-four (24) hours or longer. 43 (2) "Abandoned vehicle" means any vehicle observed by an authorized offi- 2 1 cer or reported by a member of the public to have been left within the limits 2 of any highway or upon the property of another without the consent of the 3 property owner for a period of twenty-four (24) hours or longer, except that a 4 vehicle shall not be considered abandoned if its owner-operator is unable to 5 remove it from the place where it is located and has notified a law enforce- 6 ment agency and requested assistance. 7 (3) "Accident" means any event that results in an unintended injury or 8 property damage attributable directly or indirectly to the motion of a motor 9 vehicle or its load, a snowmobile or special mobile equipment. 10 (4) "Actual physical control" means being in the driver's position of a 11 motor vehicle with the motor running or the vehicle moving. 12 (5) "Administrator" means the federal highway administrator, the chief 13 executive of the federal highway administration, an agency within the U.S. 14 department of transportation. 15 (6) "Age of a motor vehicle" means the age determined by subtracting the 16 manufacturer's year designation of the vehicle from the year in which the des- 17 ignated registration fee is paid. If the vehicle has the same manufacturer's 18 year designation as the year in which the fee is paid, or if a vehicle has a 19 manufacturer's year designation later than the year in which the fee is paid, 20 the vehicle shall be deemed to be one (1) year old. 21 (7) "Air-conditioning equipment" means mechanical vapor compression 22 refrigeration equipment which is used to cool the driver's or passenger com- 23 partment of any motor vehicle. 24 (8) "Alcohol or alcoholic beverage" means: 25 (a) Beer as defined in 26 U.S.C. section 5052(a), of the Internal Revenue 26 Code; 27 (b) Wine of not less than one-half of one percent (.005%) of alcohol by 28 volume; or 29 (c) Distilled spirits as defined in section 5002(a)(8), of the Internal 30 Revenue Code. 31 (9) "Alley" means a public way of limited use intended only to provide 32 access to the rear or side of lots or buildings in urban districts. 33 (10) "All-terrain vehicle" or "ATV" means any recreation vehicle with 34 three (3) or more tires, weighing undereightnine hundredfifty(85900) 35 pounds,forty-eight (48)fifty (50) inches or less in width, having a 36 wheelbase of sixty-one (61) inches or less, traveling on low-pressure tires of 37 ten (10) psi or less,. Such vehicles shall be registered under the provisions38of section 49-402, Idaho Code, for operation on public highways, unless39exempted under the provisions of section 49-426, Idaho Codehas handlebar 40 steering and a seat designed to be straddled by the operator. 41 (11) "Amateur radio operator." (See "Radio operator, amateur," section 42 49-119, Idaho Code) 43 (12) "Ambulance" means a motor vehicle designed and used primarily for the 44 transportation of injured, sick, or deceased persons, on stretchers, cots, 45 beds, or other devices for carrying persons in a prone position. 46 (13) "Applicant" means an individual who applies to obtain, transfer, 47 upgrade, or renew a driver's license. 48 (14) "Approved driver training course" means a training course from a 49 school licensed under the provisions of chapter 21 of this title. 50 (15) "Approved testing agency" means a person, firm, association, partner- 51 ship or corporation approved by the director of the Idaho state police which 52 is: 53 (a) In the business of testing equipment and systems; 54 (b) Recognized by the director as being qualified and equipped to do 55 experimental testing; and 3 1 (c) Not under the jurisdiction or control of any single manufacturer or 2 supplier for an affected industry. 3 (16) "Armed forces" means the army, navy, marine corps, coast guard and 4 the air force of the United States. 5 (17) "Authorized emergency vehicle." (See "Vehicle," section 49-123, Idaho 6 Code) 7 (18) "Authorized officer" means any member of the Idaho state police, or 8 any regularly employed and salaried deputy sheriff, or other county employee 9 designated to perform the function of removing abandoned vehicles or junk 10 vehicles by the board of county commissioners of the county in which a vehi- 11 cle is located, or any regularly employed and salaried city peace officer or 12 other city employee designated to perform the function of removing abandoned 13 vehicles or junk vehicles by the city council, or a qualified person deputized 14 or appointed by the proper authority as reserve deputy sheriff or city police- 15 man, authorized within the jurisdiction in which the abandoned vehicle or junk 16 vehicle is located. 17 (19) "Authorized transportation department employee" means any employee 18 appointed by the board to perform duties relating to enforcement of vehicle 19 laws as have been specifically defined and approved by order of the board (see 20 section 40-510, Idaho Code). 21 (20) "Auto transporter" means a vehicle combination constructed for the 22 purpose of transporting vehicles. 23 SECTION 2. That Section 49-114, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 49-114. DEFINITIONS -- M. (1) "Major component part" means a rear clip, 26 cowl, frame or inner structure forward of the cowl, body, cab, front end 27 assembly, front clip or such other part which is critical to the safety of the 28 vehicle. 29 (2) "Manifest" means a form used for identifying the quantity, composi- 30 tion, origin, routing, waste or material identification code and destination 31 of hazardous material or hazardous waste during any transportation within, 32 through, or to any destination in this state. 33 (3) "Manufactured home." (See section 39-4105, Idaho Code) 34 (4) "Manufacturer" means every person engaged in the business of con- 35 structing or assembling vehicles of a type required to be registered at an 36 established place of business in this state. The term, for purposes of sec- 37 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall 38 include a distributor and other factory representatives. 39 (5) "Manufacturer's year designation" means the model year designated by 40 the vehicle manufacturer, and not the year in which the vehicle is, in fact, 41 manufactured. 42 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped 43 for operation, to which shall be added the maximum load to be carried as 44 declared by the owner in making application for registration. When a vehicle 45 against which a registration fee is assessed is a combination of vehicles, the 46 term "maximum gross weight" means the combined maximum gross weights of all 47 vehicles in the combination. 48 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code) 49 (8) "Mileage" means actual distance that a vehicle has traveled. 50 (9) "Moped" means a limited-speed motor-driven cycle having: 51 (a) Both motorized and pedal propulsion that is not capable of propelling 52 the vehicle at a speed in excess of thirty (30) miles per hour on level 53 ground, whether two (2) or three (3) wheels are in contact with the ground 4 1 during operation. If an internal combustion engine is used, the displace- 2 ment shall not exceed fifty (50) cubic centimeters and the moped shall 3 have a power drive system that functions directly or automatically without 4 clutching or shifting by the operator after the drive system is engaged; 5 or 6 (b) Two (2) wheels or three (3) wheels with no pedals, which is powered 7 solely by electrical energy, has an automatic transmission, a motor which 8 produces less than two (2) gross brake horsepower, is capable of propel- 9 ling the device at a maximum speed of not more than thirty (30) miles per 10 hour on level ground and as originally manufactured, meets federal motor 11 vehicle safety standards for motor-driven cycles. A moped is not required 12 to be titled and no motorcycle endorsement is required for its operator. 13 (10) "Motorbike" means a vehicle as defined in section 67-7101, Idaho 14 Code. Such vehicle shall be titled and may be approved for motorcycle regis- 15 tration pursuant to section 49-402, Idaho Code, upon certification by the 16 owner of the installation and use of conversion components that make the 17 motorbike compliant with federal motor vehicle safety standards. 18 (11) "Motorcycle" means every motor vehicle having a seat or saddle for 19 the use of the rider and designed to travel on not more than three (3) wheels 20 in contact with the ground, but excludingthat meets the federal motor vehicle 21 safety standards as originally designed, and includes a converted motorbike, 22 but does not include a motor-driven cycle, a motorbike, a tractor and moped. 23 (112) "Motor carrier" means an individual, partnership, corporation or 24 other legal entity engaged in the transportation by motor vehicle of persons 25 or property in the furtherance of a business or for hire. 26 (123) "Motor home" means a vehicular unit designed to provide temporary 27 living quarters, built into an integral part or permanently attached to a 28 self-propelled motor vehicle chassis. The vehicle must contain permanently 29 installed independent life support systems which meet the American National 30 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro- 31 vide at least four (4) of the following facilities: cooking, refrigeration or 32ice boxicebox, self-contained toilet, heating and/or air conditioning, a 33 potable water supply system, including a faucet and sink, separate 110-125 34 volt electrical power supply and/or LP-gas supply. 35 (134) "Motorized wheelchair" means a motor vehicle with a speed not in 36 excess of eight (8) miles per hour, designed for and used by a handicapped 37 person. 38 (145) "Motor number." (See "Identifying number," section 49-110, Idaho 39 Code) 40 (156) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code) 41 (167) "Motor vehicle liability policy" means an owner's or operator's pol- 42 icy of liability insurance, certified as provided in section 49-1210, Idaho 43 Code, as proof of financial responsibility, and issued by an insurance carrier 44 duly authorized to transact business in this state, to or for the benefit of 45 the person named therein as insured. 46 (178) "Motor vehicle record" means any record that pertains to a motor 47 vehicle registration, motor vehicle title or identification documents or other 48 similar credentials issued by the department or other state or local agency. 49 SECTION 3. That Section 49-402, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup 52 truck, each neighborhood electric vehicle and each other motor vehicle having 53 a maximum gross weight not in excess of eight thousand (8,000) pounds shall 5 1 be: 2 Vehicles one (1) and two (2) years old ............................ $48.00 3 Vehicles three (3) and four (4) years old ......................... $36.00 4 Vehicles five (5) and six (6) years old ........................... $36.00 5 Vehicles seven (7) and eight (8) years old ........................ $24.00 6 Vehicles over eight (8) years old ................................. $24.00 7 There shall be twelve (12) registration periods, starting in January for 8 holders of validation registration stickers numbered 1, and proceeding con- 9 secutively through December for holders of validation registration stickers 10 numbered 12, each of which shall start on the first day of a calendar month 11 and end on the last day of the twelfth month from the first day of the begin- 12 ning month. Registration periods shall expire midnight on the last day of the 13 registration period in the year designated by the validation registration 14 sticker. The numeral digit on the validation registration stickers shall, as 15 does the registration card, fix the registration period under the staggered 16 plate system of Idaho for the purpose of reregistration and notice of expira- 17 tion. 18 A vehicle that has once been registered for any of the above designated 19 periods shall, upon reregistration, be registered for the period bearing the 20 same number, and the registration card shall show and be the exclusive proof 21 of the expiration date of registration and licensing. Vehicles may be ini- 22 tially registered for less than a twelve (12) month period, or for more than a 23 twelve (12) month period, and the fee prorated on a monthly basis if the frac- 24 tional registration tends to fulfill the purpose of the monthly series regis- 25 tration system. 26 (2) For all school buses operated either by a nonprofit, nonpublic school 27 or operated pursuant to a service contract with a school district for trans- 28 porting children to or from school or in connection with school approved 29 activities, the annual fee shall be twenty-four dollars ($24.00). 30 (3) For all motorcyclesand all-terrain vehiclesoperated upon the public 31 highways the annual fee shall be nine dollars ($9.00). 32 (4) For operation of an all-terrain vehicle, utility type vehicle or 33motorcycle off the public highwaysmotorbike, excluding a motorbike with an 34 engine displacement of fifty (50) cubic centimeters or less, on public lands, 35 a restricted vehicle license plate fee pursuant to section 49-450, Idaho Code, 36 shall be paid. In addition, the registration fee specified in section 67-7122, 37 Idaho Code, shall be paid as provided in section 67-7122, Idaho Code. The 38 rRegistration and restricted vehicle license plate exemptionsprovided in sec- 39 tion 49-426(2),(3) and (4),Idaho Code,applyapplies to all-terrain 40 vehicles, utility type vehicles, motorbikes and motorcycles used for the pur- 41 poses described in subsections(2), (3) and (4)of section 49-426, Idaho Code. 42 (45) For all motor homes the fee shall be as specified in subsection (1) 43 of this section and shall be in addition to the fees provided for in section 44 49-445, Idaho Code. 45 (56) Registration fees shall not be subject to refund. 46 (67) A financial institution or repossession service contracted to a 47 financial institution repossessing vehicles under the terms of a security 48 agreement shall move the vehicle from the place of repossession to the finan- 49 cial institution's place of business on a repossession plate. The repossession 50 plate shall also be used for demonstrating the vehicle to a prospective pur- 51 chaser for a period not to exceed ninety-six (96) hours. The registration fees 52 for repossession plates shall be as required in subsection (1) of this section 53 for a vehicle one (1) and two (2) years old. All other fees required under 54 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee. 55 The repossession plate shall be issued on an annual basis by the department. 6 1 (78) In addition to the annual registration fee in this section, there 2 shall be an initial program fee of twenty-five dollars ($25.00) and an annual 3 program fee of fifteen dollars ($15.00) for all special license plate programs 4 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408, 5 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special plates 6 issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an 7 initial program fee of twenty-five dollars ($25.00) but there shall be no 8 annual renewal fee. For special plates issued pursuant to sections 49-415C, 9 49-415D, 49-416A, 49-416B, 49-416C, 49-416D, 49-416E, 49-417, 49-417A, 10 49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-418E, 49-419, 49-419A, 11 49-419B, 49-419C, 49-419D, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420E 12 and 49-420G, Idaho Code, there shall be an initial program fee of thirty-five 13 dollars ($35.00) and an annual program fee of twenty-five dollars ($25.00). 14 The fees contained in this subsection shall be applicable to all new special 15 plate programs. The initial program fee and the annual program fee shall be 16 deposited in the state highway account and shall be used to fund the cost of 17 administration of special license plate programs, unless otherwise specified 18 by law. 19 SECTION 4. That Section 49-426, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 49-426. EXEMPTIONS FROM OPERATING FEES. The provisions of this chapter 22 with respect to operating fees shall not apply to: 23 (1) Motor vehicles owned or leased by the United States, the state, a 24 city, a county, any department thereof, any political subdivision or municipal 25 corporation of the state, any taxing district of the state, any state regis- 26 tered nonprofit subscription fire protection unit, or any organization, 27 whether incorporated or unincorporated, organized for the operation, mainte- 28 nance, or management of an irrigation project or irrigation works or system or 29 for the purpose of furnishing water to its members or shareholders, but in 30 other respects shall be applicable. 31 (2) Farm tractors, implements of husbandry, those manufactured homes 32 which qualify for an exemption under the provisions of section 49-422, Idaho 33 Code, road rollers, wheel mounted tar buckets, portable concrete and/or mortar 34 mixers, wheel mounted compressors, tow dollies, portable toilet trailers, 35 street sweepers, and similar devices as determined by the department which are 36 temporarily operated or moved upon the highways need not be registered under 37 the provisions of this chapter, nor shall implements of husbandry be consid- 38 ered towed units under registration of vehicle combinations as defined in sec- 39 tion 49-108(2), Idaho Code. In addition, self-propelled wheelchairs, three- 40 wheeled bicycles, wheelchair conveyances, golf carts, lawn mowers, and 41 scooters operated by persons who by reason of physical disability are other- 42 wise unable to move about as pedestrians shall be exempt from registration 43 requirements under the provisions of this chapter. Motorcycles, motorbikes, 44 utility type vehicles and all-terrain vehicles need not beregisteredlicensed 45 under the provisions of this chapter or registered pursuant to the provisions 46 of section 67-7122, Idaho Code, if they are:47(a) Bbeing used exclusively in connection with agricultural, horticul- 48 tural, dairy and livestock growing and feeding operations or used exclu- 49 sively for snow removal purposes. Travel upon the public highways shall be 50 limited to travel between farm or ranch locations. Motorcycles, 51 motorbikes, utility type vehicles and all-terrain vehicles used for this 52 purpose shall meet the emblem requirements of section 49-619, Idaho Code;53or7 1(b) Used exclusively on unpaved highways located on state public lands or2federal public lands which are not part of the highway system of the state3of Idaho, a county, highway district or city, provided the registration4requirements 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 8uponwhichunregisteredare closed to all-terrain vehicles, utility type vehi- 9 cles andmotorcycles may be operatedmotorbikes licensed pursuant to this 10 chapter and registered pursuant to section 67-7122, Idaho Code, and those 11 vehicles exempt from licensing and registration pursuant to subsection (2) of 12 this section.NoThe operation of licensed and registered all-terrain vehi- 13 cles, utility type vehicles and motorbikes and those vehicles exempt from 14 licensing and registration pursuant to subsection (2) of this section shall 15 not be permitted on controlled access highways.shall be designated under this16subsection.The requirements of title 18 and chapters 6, 8, 12, 13 and 14, 17 title 49, Idaho Code, shall apply to the operation of anyunregistered motor-18cycle andlicensed and registered all-terrain vehicle, utility type vehicle or 19 motorbike or those vehicles exempt from licensing and registration pursuant to 20 subsection (2) of this section uponsuch designatedhighways that are not 21 closed to such vehicles. Costs related to the posting of signs onsuch desig-22natedhighways or sections of highways that are closed to such vehicles, indi- 23 cating the ordinance, are eligible for reimbursement through the motorbike 24 recreation account created in section 67-7126, Idaho Code. 25 (4) The Idaho transportation board may designate sections of state high- 26 ways over which all-terrain vehicles, utility type vehicles andmotorcycles27not registered under this chapter 4motorbikes licensed pursuant to this chap- 28 ter and registered pursuant to section 67-7122, Idaho Code, and those vehicles 29 exempt from licensing and registration pursuant to subsection (2) of this sec- 30 tion may cross. The requirements of title 18, and chapters 6, 8, 12, 13 and 31 14, title 49, Idaho Code, shall apply to the operation ofunregistered32 licensed and registered all-terrain vehicles, utility type vehicles andmotor-33cyclesmotorbikes and those vehicles exempt from licensing and registration 34 pursuant to subsection (2) of this section when using designated crossings on 35 state highways. 36 (5) Subject to the licensing requirement provided for in section 37 49-402(4), Idaho Code, all-terrain vehicles, utility type vehicles and 38 motorbikes may be used on unpaved highways located on state public lands or 39 federal public lands which are not part of the highway system of the state of 40 Idaho, provided the registration requirements of section 67-7122, Idaho Code, 41 are met. 42 SECTION 5. That Section 49-428, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 49-428. DISPLAY OF PLATE AND STICKERS. (1) License plates assigned to a 45 motor vehicle shall be attached, one (1) in the front and the other in the 46 rear, with the exception of the following: 47 (a) The license plate assigned to a motorcycle, all-terrain vehicle, 48 utility type vehicle, motorbike or semitrailer and the license plate 49 assigned to a motor vehicle operated by a manufacturer, repossession agent 50 or dealer shall be attached to the rear. 51 (b) Vehicles displaying year of manufacture, old timer, classic car or 52 street rod license plates shall be allowed to display one (1) plate 53 attached to the rear of the vehicle. 8 1 (c) The license plate attached to a tractor shall be attached to the 2 front. 3 License plates shall be displayed during the current registration year. The 4 annual registration sticker for the current registration year shall be dis- 5 played on each license plate, except for trailers and semitrailers on extended 6 registration under the provisions of section 49-434, Idaho Code. For the pur- 7 poses of this title, the license plates together with the registration 8 stickers shall be considered as license plates for the year designated on the 9 registration sticker. 10 (2) Every license plate shall at all times be securely fastened to the 11 vehicle to which it is assigned to prevent the plate from swinging, be at a 12 height not less than twelve (12) inches from the ground, measuring from the 13 bottom of the plate, be in a place and position to be clearly visible, and 14 shall be maintained free from foreign materials and in a condition to be 15 clearly legible, and all registration stickers shall be securely attached to 16 the license plates and shall be displayed as provided in section 49-443(4), 17 Idaho Code. 18 SECTION 6. That Section 49-443, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 49-443. LICENSE PLATES TO BE FURNISHED BY DEPARTMENT -- FORM AND CON- 21 TENTS. (1) The assessor or the department shall furnish to every owner whose 22 vehicle is registered or licensed by that office, pursuant to sections 49-402 23 and 49-402A, Idaho Code, one (1) license plate for vehicles registered under 24 the provisions of section 49-406, 49-406A or 49-408, Idaho Code, or a motor- 25 cycle, trailer, truck-tractor, or semitrailer,; one (1) restricted vehicle 26 license plate for all-terrain vehicles, utility type vehicles and motorbikes 27 licensed pursuant to this chapter; and two (2) license plates for every other 28 motor vehicle. If a vehicle is issued one (1) plate only, that plate shall be 29 displayed in accordance with the provisions of section 49-428, Idaho Code. For 30 vehicles registered under the provisions of section 49-407, Idaho Code, the 31 applicant shall provide one (1) plate to be displayed on the rear of the vehi- 32 cle. 33 Commencing January 1, 1992, the color and design of the plates shall be 34 comparable to the color and design of the statehood centennial issue of 35 license plates with blue numerals and letters on a multicolored red, white and 36 blue background. Each license plate must bear upon its face the inscriptions 37 "Famous Potatoes" and "Scenic Idaho." The restricted vehicle license plate for 38 all-terrain vehicles, utility type vehicles and motorbikes shall be a white 39 background with black numerals and letters, with "Idaho Restricted Vehicle" 40 and the year of its expiration on its face and no other inscription. The 41 restricted vehicle license plate shall be the same size required for the 42 motorcycle license plate. 43 Every license plate shall have displayed upon it the registration number 44 assigned to the vehicle and its owner and the name "Idaho" which may be abbre- 45 viated. The plates issued under the provisions of section 49-402(1), Idaho 46 Code, and the required letters and numerals, including an identification of 47 the county in which the motor vehicle to which the plates will be affixed is 48 registered, shall be of sufficient size to be plainly readable from a distance 49 of seventy-five (75) feet during daylight, and each license plate and regis- 50 tration sticker shall be treated with a fully reflectorized material according 51 to specifications prescribed by the board. 52 (2) License plates shall be valid for a period of seven (7) years begin- 53 ning with the date of issuance of new plates. At the end of the sixth year, 9 1 the registered owner shall receive notice of the date upon which the plates 2 will expire. The department shall implement a plate-number reservation program 3 beginning prior to the 1999 plate issue and following once every seven (7) 4 years thereafter, for a limited plate-number sequence in each county which 5 chooses to offer a reservation program. Requests for license plate number res- 6 ervations shall be submitted to the county during the open reservation period 7 established by the department. The department may charge a minimal fee as 8 determined by the board to recover costs to the department for reservation of 9 license plate numbers. The provisions of this subsection (2) shall not apply 10 to any license plates issued pursuant to the provisions of section 49-434(4), 11 Idaho Code. 12 (3) If a license plate number has expired as provided in subsection (2) 13 of this section and the number was not reserved, or if the vehicle registra- 14 tion is not renewed within sixty (60) days of its expiration, the plate number 15 shall be available for use by another registrant. To obtain a specific number 16 in the recycled license plate number file, the owner of a registered vehicle 17 shall pay a one (1) time fee as determined by rule of the board. 18 The provisions of this subsection shall apply only to vehicles registered 19 under the provisions of section 49-402(1), Idaho Code, and section 49-434(1), 20 Idaho Code, as it applies to noncommercial vehicles. 21 (4) License plates issued for vehicles required to be registered in 22 accordance with the provisions of sections 49-402 and 49-402A, Idaho Code, 23 shall be issued color coded registration validation stickers showing the year 24 of registration. Each registration validation sticker shall bear a number from 25 1 through 12, which number shall correspond to the month of the calendar year 26 in which the registration of the vehicle expires and shall be affixed to the 27 lower right-hand corner of the plates within the outlined rectangular area. 28 (5) License plates for utility trailers registered under the provisions 29 of section 49-402A, Idaho Code, which are issued for five (5) or ten (10) 30 years and license plates for rental utility trailers registered under the pro- 31 visions of section 49-434, Idaho Code, which are issued for up to five (5) 32 years, shall use the design in effect on the date of manufacture. If a design 33 change occurs, plates from the effective date of the design change shall be 34 manufactured using the new design. Unexpired plates need not be reissued to 35 conform to a design change. 36 (6) For license plates which are lost, stolen, mutilated, or illegible, 37 the owner shall apply for a duplicate or substitute. The assessor shall also 38 furnish for each registration, and to validate the license plate, a pressure- 39 sensitive, uniquely-numbered registration sticker, except for trailers and 40 semitrailers registered under the nonexpiring provisions in section 49-434, 41 Idaho Code. License plates issued for state, county and city motor vehicles 42 shall be permanent and remain on the vehicle for which issued from year to 43 year, and need no renewal or validation sticker. 44 (7) Whenever a vehicle is completely destroyed by fire or accident and 45 the operator submits satisfactory proof of that destruction to the department 46 or appropriate assessor's office, the registration use increment and fees 47 shall be transferred to the replacement vehicle for a service transfer fee of 48 five dollars ($5.00), which fee shall be retained by the registering author- 49 ity. None of the original fees shall be subject to refund. 50 (8) The department shall furnish to every owner whose vehicle is regis- 51 tered under sections 49-434 and 49-435, Idaho Code, a pressure-sensitive, 52 uniquely-numbered registration sticker to validate the license plate, provided 53 however, the provisions of this subsection (8) shall not apply to trailers and 54 semitrailers registered under the provisions of section 49-434(4), Idaho Code. 55 (9) The board shall have authority to require the return to the depart- 10 1 ment of all license plates and registration stickers upon termination of the 2 lawful use of them by the owner. 3 (10) The board may promulgate such rules as are necessary to implement the 4 provisions of this section. 5 SECTION 7. That Section 49-456, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 49-456. VIOLATIONS OF REGISTRATION PROVISIONS. It shall be unlawful for 8 any person: 9 (1) To operate or for the owner to permit the operation upon a highway of 10 any motor vehicle, trailer or semitrailer which is not registered and which 11 does not have attached and displayed the license plates assigned to it for the 12 current registration year, subject to the exemptions allowed in sections 13 49-426, 49-431,and 49-432,and 49-433,Idaho Code. 14 (2) To operate or for the owner to permit the operation on state and fed- 15 eral public lands or upon highways, or sections of highways, as permitted 16 under section 49-426(3) and (4), Idaho Code, any all-terrain vehicle, utility 17 type vehicle or motorbike that does not have a valid and properly displayed 18 restricted license plate issued pursuant to this chapter and attached regis- 19 tration sticker issued pursuant to section 67-7122, Idaho Code, subject to the 20 exemptions allowed in section 49-426(2), Idaho Code. 21 (3) To display or cause or permit to be displayed, or to have in posses- 22 sion any registration card or license plate knowing the same to be fictitious 23 or to have beencancelledcanceled, revoked, suspended or altered. 24 (34) To lend or knowingly permit the use by one not entitled to any reg- 25 istration card or license plate issued to the person so lending or permitting 26 that use. 27 (45) To fail or refuse to surrender to the department, upon demand, any 28 registration card or license plate which has been suspended,cancelledcan- 29 celed or revoked. 30 (56) To use a false or fictitious name or address in any application for 31 the registration of any vehicle or for any renewal or duplicate, or knowingly 32 to make a false statement or conceal a material fact or otherwise commit a 33 fraud in any application. 34 SECTION 8. That Section 49-666, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 49-666. MOTORCYCLE, MOTORBIKE, UTV AND ATV SAFETY HELMETS -- REQUIREMENTS 37 AND STANDARDS. No person under eighteen (18) years of age shall ride upon or 38 be permitted to operate a motorcycle, motorbike, utility type vehicle or an 39 all-terrain vehicle unless at all times when so operating or riding upon the 40 vehicle he is wearing, as part of his motorcycle, motorbike, UTV or ATV equip- 41 ment, a protective safety helmet of a type and quality equal to or better than 42 the standards established for helmets by the director, except the provisions 43 of this section shall not apply when such vehicles are operated or ridden on 44 private property, or when used as an implement of husbandry. 45 SECTION 9. That Section 63-3622R, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 63-3622R. MOTOR VEHICLES, USED MANUFACTURED HOMES, VESSELS, ALL-TERRAIN 48 VEHICLES, TRAILERS, OFF-ROAD MOTORCYCLES, SNOWMOBILES AND GLIDER KITS. There 49 are exempted from the taxes imposed by this chapter: 11 1 (a) Sales to nonresidents of motor vehicles, trailers, vessels, all- 2 terrain vehicles (ATVs), motorcycles intended for off-road use and snowmo- 3 biles, for use outside of this state even though delivery be made within this 4 state, but only when: 5 (1) The motor vehicles, vessels, ATVs, motorcycles intended for off-road 6 use, snowmobiles or trailers will be taken from the point of delivery in 7 this state directly to a point outside this state; and 8 (2) The motor vehicles, vessels, ATVs, motorcycles intended for off-road 9 use, snowmobiles and trailers will be registered immediately under the 10 laws of another state, will be titled in another state if required to be 11 titled in that state, will not be used in this state more than sixty (60) 12 days in any twelve (12) month period, and will not be required to be 13 titled under the laws of this state. 14 (3) For the purpose of this subsection (a), the term "all-terrain vehi- 15 cle" or "ATV" meansany recreational vehicle with three (3) or more tires,16weighing under eight hundred fifty (850) pounds, forty-eight (48) inches17or less in width, having a wheelbase of sixty-one (61) inches or less,18traveling on low-pressure tires of ten (10) psi or lessall-terrain vehi- 19 cle or ATV as defined in section 49-102, Idaho Code. 20 (4) For the purpose of this section, the term "vessel" means any boat 21 intended to carry one (1) or more persons upon the water which is either: 22 (i) Sold together with a motor, or 23 (ii) Eleven (11) feet in length or more, but shall not include 24 canoes, kayaks or inflatable boats, unless such canoes, kayaks or in- 25 flatable boats are sold together with a motor. 26 (b) Sale of used manufactured homes, whether or not such used manufac- 27 tured homes are sold for use outside this state, and whether or not such used 28 manufactured homes are sold by a dealer. Every manufactured home sale after 29 its sale as a "new manufactured home," as defined in section 63-3606, Idaho 30 Code, is a sale as a used manufactured home. 31 (c) Sale or lease of motor vehicles with a maximum gross registered 32 weight over twenty-six thousand (26,000) pounds, which shall be immediately 33 registered under the international registration plan, whether or not base 34 plated in Idaho, and the sale or lease of trailers which are part of a fleet 35 of vehicles registered under the international registration plan when such 36 vehicles and trailers are substantially used in interstate commerce. If such a 37 motor vehicle or trailer is not substantially used in interstate commerce dur- 38 ing any annual registration period under the international registration plan, 39 it shall be deemed used in Idaho and subject to the use tax under section 40 63-3621, Idaho Code. For the purpose of this subsection, "substantially used 41 in interstate commerce" means that the vehicles or trailers will be part of a 42 fleet with a minimum of ten percent (10%) of the miles operated by the fleet 43 accrued outside of Idaho in any annual registration period under the interna- 44 tional registration plan. 45 (d) The sale or purchase of a glider kit when the glider kit will be used 46 to assemble a glider kit vehicle as defined in section 49-123, Idaho Code, 47 which will be immediately registered under a plan defined in subsection (c) of 48 this section, provided that if the glider kit vehicle is not substantially 49 used in interstate commerce as defined in subsection (c) of this section dur- 50 ing any registration period, it shall be subject to the use tax under section 51 63-3621, Idaho Code. 52 (e) The use or other consumption of a motor vehicle temporarily donated 53 to a driver's education program sponsored by a nonprofit educational institu- 54 tion as defined in section 63-3622O, Idaho Code. 12 1 SECTION 10. That Section 67-7101, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 67-7101. DEFINITIONS. In this chapter: 4 (1) "All-terrain vehicle (ATV)" means any recreation vehicle with three 5 (3) or more tires, undereightnine hundredfifty(85900) pounds andforty-6eight (48)fifty (50) inches or less in width, having a wheelbase of sixty-one 7 (61) inches or less, traveling on low-pressure tires of ten (10) psi or less, 8 has handlebar steering and a seat designed to be straddled by the operator. 9 (2) "Board" means the park and recreation board created under authority 10 of section 67-4221, Idaho Code. 11 (3) "Bona fide snowmobile program" means services or facilities as 12 approved by the department that will benefit snowmobilers such as snowmobile 13 trail grooming, plowing and maintaining snowmobile parking areas and facili- 14 ties, and trail signing. 15 (4) "Dealer" means any person who engages in the retail sales of or 16 rental of snowmobiles, motorbikes, or all-terrain vehicles. 17 (5) "Department" means the Idaho department of parks and recreation. 18 (6) "Designated parking area" means an area located, constructed, main- 19 tained, and signed with the approval of the land manager or owner. 20 (7) "Director" means the director of the department of parks and recre- 21 ation. 22 (8) "Highway." (See section 40-109, Idaho Code, but excepting public 23 roadway as defined in this section).24 (9) "Motorbike" means any self-propelled two (2) wheeled motorcycle or 25 motor-driven cycle, excluding tractor, designed for or capable of traveling 26 off developed roadways and highways and also referred to as trailbikes, enduro 27 bikes, trials bikes, motocross bikes or dual purpose motorcycles. 28 (10) "Operator" means any person who is in physical control of a 29 motorbike, all-terrain vehicle, or snowmobile. 30 (11) "Owner" means every person holding record title to a motorbike, all- 31 terrain vehicle, or snowmobile and entitled to the use or possession thereof, 32 other than a lienholder or other person having a security interest only. 33 (12) "Person" means an individual, partnership, association, corporation, 34 or any other body or group of persons, whether incorporated or not, and 35 regardless of the degree of formal organization. 36 (13) "Public roadway" means all portions of any highway which are con- 37 trolled by an authority other than the Idaho transportation department. 38 (14) "Snowmobile" means any self-propelled vehicle under one thousand 39 (1,000) pounds unladened gross weight, designed primarily for travel on snow 40 or ice or over natural terrain, which may be steered by tracks, skis, or run- 41 ners. 42 (15) "Utility type vehicle (UTV)" means any recreational motor vehicle 43 other than an ATV, motorbike or snowmobile as defined in this section, 44 designed for and capable of travel over designated unpaved roads, traveling on 45 four (4) or more low-pressure tires of twenty (20) psi or less, maximum width 46 less than seventy-four (74) inches, maximum weight less than two thousand 47 (2,000) pounds, or having a wheelbase of ninety-four (94) inches or less. 48 Utility type vehicle does not include golf carts, vehicles specially designed 49 to carry a disabled person, implements of husbandry as defined in section 50 49-110(2), Idaho Code, or vehicles otherwise registered under title 49, Idaho 51 Code. 52 (16) "Vendor" means any entity authorized by the department to sell recre- 53 ational registrations. 54 (17) "Winter recreational parking locations" means designated parking 13 1 areas established and maintained with funds acquired from the cross-country 2 skiing account. 3 SECTION 11. That Section 67-7114, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 67-7114. OPERATION UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER 6 INTOXICATING SUBSTANCE. Any person driving or operating a snowmobile, 7 motorbike, utility type vehicle or all-terrain vehicle under the influence of 8 alcohol, drugs or any other intoxicating substance on a public roadway or 9 highway, as authorized in this chapter or in section 49-426(3) and (4), Idaho 10 Code, oroff-roadoff road shall be guilty of a misdemeanor. 11 SECTION 12. That Section 67-7122, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 67-7122. REQUIREMENTS -- REGISTRATION -- PROCEDURE. (1) On or before Jan- 14 uary 1 of each year, the owner of any all-terrain vehicle, motorbike or util- 15 ity type vehicle as defined in section 67-7101, Idaho Code, or any motorcycle 16 as defined in section 49-114, Idaho Code, used off public highways, on unpaved 17 highways located on state public lands or federal public lands which are not 18 part of the highway system of the state of Idaho or on highwaysdesignatedas 19 prescribed in section 49-426(3) and (4), Idaho Code, but excluding those vehi- 20 cles used exclusively on private land for agricultural use or used exclusively 21 for snow removal purposes as provided in section 49-426(2), Idaho Code, shall 22 register that vehicleat any vendor authorized by the departmentwith the 23 county assessor or other county motor vehicle office as may be designated by 24 the county assessor. A fee of ten dollars ($10.00) shall be charged for each 25 registration, which fee includes a one dollar and fifty cent ($1.50)vendor26 fee to be retained by the county assessor and the remainder of which shall be 27 remitted to the department together with a duplicate copy of the application 28 form, noting the number of the registration sticker issued. 29 (2)At the time of sale from any dealer, eEach motorbike, all-terrain 30 vehicle or utility type vehicle sold to an Idaho resident, but excluding those 31 vehicles to be used exclusively on private land for agricultural use or used 32 exclusively for snow removal purposes as provided in section 49-426(2), Idaho 33 Code, must be registered.before it leaves the premises.34 (a) Application blanks and registration stickers shall be supplied by the 35 department and the registration sticker shall be issued to the person mak- 36 ing application for registration.The vendor issuing the registration37sticker shall, upon receipt of the application in approved form, issue to38the applicant a motorbike, ATV or UTV sticker and shall note the number39of the sticker in his records and shall supply a duplicate copy of the40application form, noting the number of the sticker issued, to the depart-41ment.42 (b) All registration stickers which are issued shall be in force through 43 December 31 of the issued year. All registration stickers shall be renewed 44 by the owner of the all-terrain vehicle, motorbike or utility type vehicle 45 in the same manner provided for in the initial securing of the same or 46 with any vendor authorized by the department. A vendor issuing a renewal 47 registration sticker shall retain a one dollar and fifty cent ($1.50) 48 vendor fee and remit the remainder of the ten dollar ($10.00) renewal reg- 49 istration sticker fee to the department together with a duplicate copy of 50 the application form, noting the number of the registration sticker 51 issued. 14 1 (c) The issued registration sticker shall be placed upon the restricted 2 vehicle license plate of the all-terrain vehicle, motorbike or utility 3 type vehicle or upon the license plate of a vehicle registered pursuant to 4 section 49-402(3), Idaho Code, in such a manner that it is completely vis- 5 ible, does not cover the license plate numbers or letters and shall be 6 kept in a legible condition at all times. 7 (23) For operation ofan all-terrain vehicle ora motorbike that meets 8 the requirements specified in section 49-114(10), Idaho Code, on the public 9 highways, the vehicle shall also be registered pursuant to the provisions of 10 section 49-402(3), Idaho Code, except for those highways defined in section1149-426, Idaho Code. A motorbike that meets the requirements specified in sec- 12 tion 49-114(10), Idaho Code, and that is registered pursuant to section 13 49-402(3), Idaho Code, shall not be required to obtain a restricted license 14 plate pursuant to section 49-402(4), Idaho Code. 15 SECTION 13. That Section 67-7123, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 67-7123. TRANSFER OF REGISTRATION STICKER AND RESTRICTED VEHICLE LICENSE 18 PLATE. The purchaser of anoff-highway motorall-terrain vehicle, utility type 19 vehicle or motorbike, which has been previously registered pursuant to section 20 67-7122, Idaho Code, and issued a restricted vehicle license plate pursuant to 21 section 49-402, Idaho Code, shall within fifteen (15) days after acquiring 22 same, make application toa vendorthe county assessor or county motor vehicle 23 office as may be designated by the county assessor for transfer to him of the 24 sticker of registration and restricted vehicle license plate issued to the 25off-highwayvehicle, giving the same information as on the original applica- 26 tion and the number of the registration sticker and restricted vehicle license 27 plate, and shall at the same time pay a transfer fee of one dollar and fifty 28 cents ($1.50).
STATEMENT OF PURPOSE
RS 18055C1
Amends Idaho Transportation and Parks and Recreation Department
code for consistent registration processes for All Terrain
Vehicles, Utility Vehicles and Motorbikes (ATV/UTV/Motorbikes).
Requires all ATV/UTV/Motorbikes to display a "Restricted Vehicle"
license plate and off-road sticker for use. Defines Mopeds and
Dual Sport Motorcycles and how they are to be registered and
licensed based upon the owners desired use.
Recognizes the local authorities jurisdiction over their local
roadways and public lands and requires open public hearings for
any possible closures to ATV/UTV/Motorbikes other than controlled
access highways.
Clarifies ATV/UTV/Motorbike use under the state agricultural
exemption code (49-426(2)).
FISCAL NOTE
Requires owners to purchase a $3.00 vehicle plate to cover the
cost to Idaho Transportation Department to manufacture the plate.
Contact
Name: Representative JoAn Wood
Representative Rich Wills
Representative Marv Hagedorn
Phone: (208) 332-1000
Amy Smith, Idaho Transportation Department
Phone: (208) 334-8660
Dean Sangrey, Idaho Parks and Recreation Department
Phone: (208)514-2260
STATEMENT OF PURPOSE/FISCAL NOTE H 602
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