2008 Legislation
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SENATE BILL NO. 1389<br /> – Motor carrier, wet concrete


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Bill Status

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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1389

                                BY TRANSPORTATION COMMITTEE

  1                                        AN ACT
  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:

 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


  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 / Fiscal Impact

                       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

                          FISCAL IMPACT

There is no fiscal impact to the general fund.  There is no
individual inspection fee.

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