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S1389.....................................................by TRANSPORTATION
MOTOR CARRIERS - Amends existing law relating to inspection of motor
carriers to provide that intrastate motor carriers transporting wet
concrete are subject to compliance reviews and safety inspections.
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Transp
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Coiner, Corder,
Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McKenzie, Pearce, Richardson, Schroeder, Siddoway,
Stegner, Werk
NAYS -- None
Absent and excused -- Burkett, Cameron, McGee, McKague, Stennett
Floor Sponsor - Heinrich
Title apvd - to House
02/22 House intro - 1st rdg - to Transp
02/29 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 32-30-8
AYES -- Anderson, Bell, Block, Bock, Boe, Bolz, Brackett, Bradford,
Chadderdon, Chavez, Chew, Collins, Crane, Durst, Hagedorn, Henbest,
Killen, King, Kren, Labrador, LeFavour, Mathews, Mortimer, Moyle,
Roberts, Ruchti, Rusche, Shepherd(02), Smith(30), Thomas, Wood(27),
Mr. Speaker
NAYS -- Andrus, Barrett, Bayer, Bilbao, Bowers, Clark, Eskridge,
Hart, Harwood, Henderson, Jaquet, Lake, Loertscher, Marriott,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Sayler,
Shepherd(08), Shirley, Shively, Smith(24), Snodgrass, Stevenson,
Thayn, Vander Woude, Wood(35)
Absent and excused -- Bedke, Black, Luker, McGeachin, Ringo,
Schaefer, Trail, Wills
Floor Sponsor - Roberts
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed - Sp signed
03/13 To Governor
03/17 Governor signed
Session Law Chapter 155
Effective: 01/01/09
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1389 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO INSPECTION OF MOTOR CARRIERS; AMENDING SECTION 67-2901B, IDAHO 3 CODE, TO PROVIDE THAT INTRASTATE MOTOR CARRIERS TRANSPORTING WET CONCRETE 4 ARE SUBJECT TO COMPLIANCE REVIEWS AND SAFETY INSPECTIONS; AND PROVIDING AN 5 EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 67-2901B, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-2901B. INSPECTION OF MOTOR CARRIERS -- EXEMPTIONS -- CERTIFICATION OF 10 REPAIR -- COMPLIANCE REVIEW -- PENALTIES. (1) All motor carriers, except those 11 exempted under the provisions of subsection (2) of this section, are subject 12 to compliance review and inspection by authorized state police employees for 13 compliance with federal motor carrier safety and hazardous materials regula- 14 tions and for compliance with applicable Idaho laws and rules promulgated by 15 the director pursuant to the provisions of section 67-2901A, Idaho Code. A 16 motor carrier shall submit any vehicle to a safety inspection when requested 17 to do so by an authorized state police employee. Such inspections shall com- 18 ply, to the extent possible, with national and industry standards for truck 19 inspections and truck safety as adopted by the commercial vehicle safety alli- 20 ance. A written inspection report shall be provided to the owner, operator or 21 agent of the vehicle following any inspection review pursuant to this section. 22 (2) The following intrastate motor carriers shall be exempt from safety 23 inspections and compliance reviews: 24 (a) Motor vehicles employed solely in transporting school children and 25 teachers to or from school or to and from approved school activities, when 26 the motor vehicles are either: 27 (i) Wholly owned and operated by such school, or 28 (ii) Leased or contracted by such school and the motor vehicle is not 29 used in the furtherance of any other commercial enterprise; or 30 (b) Taxicabs or other motor vehicles performing a licensed or franchised 31 taxicab service, having a seating capacity of not more than seven (7) pas- 32 sengers within twenty-five (25) miles of the boundaries of the licensing 33 or franchising jurisdiction; or 34 (c) Motor vehicles owned or operated by or on behalf of hotels and used 35 exclusively for the transportation of hotel patrons between hotels and 36 local railroads or airports or other common carrier stations; or 37 (d) Motor vehicles controlled and operated by any farmer when used in the 38 transportation of his farm equipment or in the transportation of supplies 39 to his farm; or 40 (e) Motor vehicles used exclusively in the distribution of newspapers; or 41 (f) Transportation of persons or property by motor vehicle at an airport 42 when incidental to transportation by aircraft or other transportation in 43 substitution for scheduled airline service when the carrier cannot provide 2 1 the scheduled service because of weather and/or mechanical conditions and 2 the transportation is arranged for and paid by the affected airlines; or 3 (g) Transportation of persons and/or property, including mobile and modu- 4 lar houses manufactured with wheels and undercarriage as part of the sub- 5 structure, but not transportation of other houses, buildings or struc- 6 tures within a municipality or territory contiguous to such municipality 7 if such operation outside such municipality be a part of a service main- 8 tained within the limits of the municipality with the privilege of trans- 9 fer of passengers to vehicles within the municipality without additional 10 fare; or 11 (h) The transportation of agricultural products including fresh fruits 12 and vegetables, livestock, livestock feed or manure at any time of the 13 year; or 14 (i) Motor propelled vehicles for the sole purpose of carrying United 15 States mail or property belonging to the United States; or 16 (j) Motor carriers transporting products of the forest at any time of the 17 year; or 18 (k) Motor carriers transporting products of the mine including sand, 19 gravel and aggregates thereof, except petroleum products and wet concrete; 20 or 21 (l) Motor carriers transporting household goods as defined by the federal 22 surface transportation board; or 23 (m) Vehicles properly equipped, designed and customarily used for the 24 transportation of disabled or abandoned vehicles by means of a crane, 25 hoist, tow bar, dolly or roll bed, which vehicle shall be known as a 26 "wrecker (tow truck)." 27 (3) A motor carrier which has received a written inspection report pre- 28 pared pursuant to subsection (1) of this section indicating that his vehicle 29 does not comply with applicable federal laws or regulations or Idaho laws or 30 rules, shall certify in writing to the director or his designee within fifteen 31 (15) days of his receipt of the inspection report that he has brought his 32 vehicle into compliance with said laws, regulations or rules. The director or 33 his designee may assess an administrative penalty to any person who does not 34 comply with the certification provisions of this section or who makes a false 35 certification. The penalty shall not exceed one hundred dollars ($100) for 36 failure to comply with an inspection report or for making a false certifica- 37 tion. If an assessment is contested, the director shall comply with the provi- 38 sions governing contested cases under the administrative procedure act, chap- 39 ter 52, title 67, Idaho Code. 40 (4) Any motor carrier subject to rules promulgated under the provisions 41 of section 67-2901A, Idaho Code, shall submit to a compliance review upon 42 request of the director or any officer designated by him, by providing for 43 inspection or copying at any reasonable time, the records, books, papers and 44 documents relating to the safety management systems or program of such motor 45 carrier. 46 (5) Any penalties collected pursuant to subsection (3) of this section 47 shall be deposited to the state highway account. 48 SECTION 2. This act shall be in full force and effect on and after Janu- 49 ary 1, 2009.
STATEMENT OF PURPOSE
RS 17788
Under current State Law, most commercial trucks are subject to
safety "compliance review and inspection" by the Idaho State
Police, except those exempted under State Law. This legislation
removes trucks transporting "wet concrete" from the exemption
list and would make concrete trucks subject to safety
inspections.
FISCAL IMPACT
There is no fiscal impact to the general fund. There is no
individual inspection fee.
Contact
Name: Senator Lee Heinrich
Phone: 332-1355
Sen. Joe Stegner
Rep. Ken Roberts
STATEMENT OF PURPOSE/FISCAL NOTE S 1389
Revised Revised Revised Revised Revised Revised