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H0365aa.......................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLE SAFETY STANDARDS - Amends existing law to require compliance
with federal motor vehicle safety standards for certain vehicles subject to
registration; to prohibit registration and operation of certain vehicles on
public highways of the state; to provide an exemption from titling
requirements; to revise dealer licensing provisions; and to revise dealer
license bond provisions.
01/17 House intro - 1st rdg - to printing
01/18 Rpt prt - to Transp
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
To Gen Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/25 3rd rdg as amen - PASSED - 66-0-4
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Anderson, Kren, Ruchti, Trail
Floor Sponsor - Wood(35)
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Transp
03/07 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 29-3-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Coiner, Corder,
Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill, Kelly,
Keough, Langhorst, Little, Lodge, Malepeai(Sagness), McGee, McKague,
Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- Broadsword, Cameron, Darrington
Absent and excused -- Gannon, Jorgenson, McKenzie
Floor Sponsor - Keough
Title apvd - to House
03/14 To enrol
03/17 Rpt enrol - Sp signed - Pres signed
03/18 To Governor
03/19 Governor signed
Session Law Chapter 198
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 365 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO TRANSPORTATION; AMENDING SECTION 49-105, IDAHO CODE, TO REVISE 3 DEFINITIONS; AMENDING SECTION 49-107, IDAHO CODE, TO DEFINE A TERM AND TO 4 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-114, IDAHO CODE, TO REVISE 5 DEFINITIONS, TO DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING 6 SECTION 49-123, IDAHO CODE, TO REVISE DEFINITIONS AND TO DEFINE A TERM; 7 AMENDING SECTION 49-402, IDAHO CODE, TO REQUIRE COMPLIANCE WITH FEDERAL 8 MOTOR VEHICLE SAFETY STANDARDS FOR CERTAIN VEHICLES SUBJECT TO REGISTRA- 9 TION AND TO PROHIBIT REGISTRATION AND OPERATION OF CERTAIN VEHICLES ON 10 PUBLIC HIGHWAYS OF THE STATE; AMENDING SECTION 49-501, IDAHO CODE, TO PRO- 11 VIDE AN EXEMPTION FROM TITLING REQUIREMENTS; AMENDING SECTION 49-1606, 12 IDAHO CODE, TO REVISE DEALER LICENSING PROVISIONS; AND AMENDING SECTION 13 49-1608, IDAHO CODE, TO REVISE DEALER LICENSE BOND PROVISIONS. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 49-105, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 49-105. DEFINITIONS -- D. (1) "Dealer" means every person in the business 18 of buying, selling or exchanging five (5) or more new or used vehicles, new or 19 used neighborhood electric vehicles, new or used motorcycles, motor-driven 20 cycles, snow machines ormotor scootersmotorbikes, travel trailers, all- 21 terrain vehicles, utility type vehicles or motor homes in any calendar year, 22 either outright or on conditional sale, bailment, lease, chattel mortgage, or 23 otherwise, or who has an established place of business for the sale, lease, 24 trade, or display of these vehicles. No insurance company, bank, finance com- 25 pany, public utilities company, or other person coming into possession of any 26 vehicle, as an incident to its regular business, who shall sell that vehicle 27 under any contractual rights it may have, shall be considered a dealer. See 28 also "salvage pool," section 49-120, Idaho Code. 29 (2) "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho 30 Code) 31 (3) "Department" means the Idaho transportation department acting 32 directly or through its duly authorized officers and agents, except in chap- 33 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho state 34 police, except as otherwise specifically provided. 35 (4) "Designated family member" means the spouse, child, grandchild, par- 36 ent, brother or sister of the owner of a vehicle dealership who, in the event 37 of the owner's death, is entitled to inherit the ownership interest in the 38 dealership under the same terms of the owner's will, or who has been nominated 39 in any other written instrument, or who, in the case of an incapacitated owner 40 of a dealership, has been appointed by a court as the legal representative of 41 the dealer's property. 42 (5) "Director" means the director of the Idaho transportation department, 43 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the 2 1 director of the Idaho state police. 2 (6) "Disclose" means to engage in any practice or conduct to make avail- 3 able and make known personal information contained in records of the depart- 4 ment about a person to any other person, organization or entity, by any means 5 of communication. 6 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by 7 the department of commercial vehicle driving privileges. 8 (8) "Distributor" means any person, firm, association, corporation or 9 trust, resident or nonresident, who has a franchise from a manufacturer of 10 vehicles to distribute vehicles in this state, and who in whole or in part 11 sells or distributes new vehicles to dealers or who maintains distributor rep- 12 resentatives. 13 (9) "Distributor branch" means a branch office similarly maintained by a 14 distributor for the same purposes a factory branch is maintained. 15 (10) "Distributor representative" means any person, firm, association, 16 corporation or trust, and each officer and employee thereof engaged as a rep- 17 resentative of a distributor or distributor branch of vehicles for the purpose 18 of making or promoting the sale of vehicles, or for supervising or contacting 19 dealers or prospective dealers. 20 (11) "District" means: 21 (a) Business district. The territory contiguous to and including a high- 22 way when within any six hundred (600) feet along the highway there are 23 buildings in use for business or industrial purposes, including hotels, 24 banks or office buildings, railroad stations and public buildings which 25 occupy at least three hundred (300) feet of frontage on one side or three 26 hundred (300) feet collectively on both sides of the highway. 27 (b) Residential district. The territory contiguous to and including a 28 highway not comprising a business district when the property on the high- 29 way for a distance of three hundred (300) feet or more is in the main 30 improved with residences, or residences and buildings in use for business. 31 (c) Urban district. The territory contiguous to and including any highway 32 which is built up with structures devoted to business, industry or dwell- 33 ing houses. For purposes of establishing speed limits in accordance with 34 the provisions of section 49-654, Idaho Code, no state highway or any por- 35 tion thereof lying within the boundaries of an urban district is subject 36 to the limitations which otherwise apply to nonstate highways within an 37 urban district. Provided, this subsection shall not limit the authority of 38 the duly elected officials of an incorporated city acting as a local 39 authority to decrease speed limits on state highways passing through any 40 district within the incorporated city. 41 (12) "Documented vessel" means a vessel having a valid marine document as 42 a vessel of the United States. 43 (13) "Drag race" means the operation of two (2) or more vehicles from a 44 point side by side at accelerating speeds in a competitive attempt to outdis- 45 tance each other, or the operation of one (1) or more vehicles over a common 46 selected course, from the same point to the same point, for the purpose of 47 comparing the relative speeds or power of acceleration of the vehicles within 48 a certain distance or time limit. 49 (14) "Driver" means every person who drives or is in actual physical con- 50 trol of a vehicle. 51 (15) "Driver's license" means a license or permit issued by the department 52 or by any other jurisdiction to an individual which authorizes the individual 53 to operate a motor vehicle or commercial motor vehicle on the highways in 54 accordance with the requirements of title 49, Idaho Code. 55 (16) "Driver's license -- Classes of" are issued for the operation of a 3 1 vehicle based on the size of the vehicle or the type of load and mean: 2 (a) Class A. This license shall be issued and valid for the operation of 3 any combination of motor vehicles with a manufacturer's gross combination 4 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, 5 provided the manufacturer's gross vehicle weight rating (GVWR) of the 6 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per- 7 sons holding a valid class A license may also operate vehicles requiring a 8 class B, C or D license. 9 (b) Class B. This license shall be issued and valid for the operation of 10 any single vehicle with a manufacturer's gross vehicle weight rating 11 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi- 12 cle towing a vehicle not in excess of ten thousand (10,000) pounds 13 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid 14 class B license may also operate vehicles requiring a class C license or a 15 class D license. 16 (c) Class C. This license shall be issued and valid for the operation of 17 any single vehicle or combination of vehicles that does not meet the defi- 18 nition of class A or class B, as defined in this section, but that either 19 is designed to transport sixteen (16) or more people including the driver, 20 or is of any size which does not meet the definition of class A or class B 21 and is used in the transportation of materials found to be hazardous 22 according to the hazardous material transportation act and which requires 23 the motor vehicle to be placarded under the federal hazardous materials 24 regulations 49 CFR part 172, subpart F. Persons holding a valid class C 25 license may also operate vehicles requiring a class D license. 26 (d) Class D. This license shall be issued and valid for the operation of 27 a motor vehicle that is not a commercial vehicle as defined in section 28 49-123, Idaho Code. 29 (e) "Seasonal driver's license" means a special restricted class B or C 30 driver's license to operate certain commercial vehicles in farm-related 31 industries under restrictions imposed by the department. As used in this 32 definition, "farm-related industry" shall mean custom harvesters, farm 33 retail outlets and suppliers, agri-chemical businesses and livestock 34 feeders. Seasonal driver's licenses are not valid for driving vehicles 35 carrying any quantities of hazardous material requiring placarding, except 36 for diesel fuel in quantities of one thousand (1,000) gallons or less, 37 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of 38 husbandry with total capacities of three thousand (3,000) gallons or less, 39 and solid fertilizers, i.e., solid plant nutrients, that are not mixed 40 with any organic substance. 41 (17) "Driver record" means any record that pertains to an individual's 42 driver's license, driving permit, driving privileges, driving history, identi- 43 fication documents or other similar credentials issued by the department. 44 (18) "Driver's license endorsements" means special authorizations that are 45 required to be displayed on a driver's license which permit the driver to 46 operate certain types of commercial vehicles or commercial vehicles hauling 47 certain types of cargo, or to operate a motorcycle or a school bus. 48 (a) "Endorsement T -- Double/Triple trailer" means this endorsement is 49 required on a class A, B or C license to permit the licensee to operate a 50 vehicle authorized to tow more than one (1) trailer. 51 (b) "Endorsement H -- Hazardous material" means this endorsement is 52 required on a class A, B or C license if the driver is operating a vehicle 53 used in the transportation of materials found to be hazardous according to 54 the hazardous material transportation act and which requires the motor 55 vehicle to be placarded under the federal hazardous materials regulations 4 1 49 CFR part 172, subpart F. 2 (c) "Endorsement P -- Passenger" means this endorsement is required on a 3 class A, B or C license to permit the licensee to operate a vehicle 4 designed to transport sixteen (16) or more people including the driver. 5 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on 6 a class A, B or C license to permit the licensee to operate a vehicle 7 which is designed to transport any liquid or gaseous materials within a 8 tank that is either permanently or temporarily attached to the vehicle. 9 Such vehicles include, but are not limited to, cargo tanks and portable 10 tanks, as defined in federal regulations 49 CFR part 171. This definition 11 does not include portable tanks having a rated capacity under one thousand 12 (1,000) gallons. 13 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a 14 driver's license to permit the driver to operate a motorcycle or motor- 15 driven cycle. 16 (f) "Endorsement S -- School bus" means this endorsement is required on a 17 class A, B or C license to permit the licensee to operate a school bus in 18 accordance with 49 CFR part 383, to transport preprimary, primary or sec- 19 ondary school students from home to school, from school to home, or to and 20 from school-sponsored events. School bus does not include a bus used as a 21 common carrier. 22 (19) "Driveway" means a private road giving access from a public way to a 23 building on abutting grounds. 24 (20) "Dromedary tractor" means every motor vehicle designed and used pri- 25 marily for drawing a semitrailer and so constructed as to carry manifested 26 cargo in addition to a part of the weight of the semitrailer. 27 SECTION 2. That Section 49-107, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 49-107. DEFINITIONS -- F. (1) "Factory branch" means a branch office 30 maintained by a person who manufactures or assembles vehicles for sale to dis- 31 tributors or to dealers, or for directing or supervising, in whole or in part, 32 its representatives. 33 (2) "Factory representative" means any person and each officer and 34 employee engaged as a representative of a manufacturer of vehicles or by a 35 factory branch for the purpose of making or promoting a sale of their vehi- 36 cles, or for supervising or contacting their dealers or prospective dealers. 37 (3) "Farm tractor" means every motor vehicle designed or adapted and used 38 primarily as a farm implement power unit operated with or without other farm 39 implements attached in any manner consistent with the structural design of 40 that power unit. 41 (4) "Farm vehicle." (See "Vehicle,",section 49-123, Idaho Code) 42 (5) "Federal motor vehicle safety standards (FMVSS)" means those safety 43 standards established by the national highway traffic safety administration, 44 under title 49 CFR part 500-599, for the safe construction and manufacturing 45 of self-propelled motorized vehicles for operation on public highways. Such 46 vehicles as originally designed and manufactured shall be so certified by the 47 manufacturer to meet the federal motor vehicle safety standards or the stan- 48 dards in force for a given model year or as certified by the national highway 49 traffic safety administration. 50 (6) "Felony" means any offense under state or federal law that is punish- 51 able by death or imprisonment for a term exceeding one (1) year. 52 (67) "Fifth wheel trailer." (See "Trailer,",section 49-121, Idaho Code) 53 (78) "Financial institution" means any bank that is authorized to do 5 1 business in the state of Idaho and any other financial institution that is 2 registered with the department of finance. 3 (89) "Flammable liquid" means any liquid which has a flash point of 70 4 degrees Fahrenheit, or less, as determined by a tagliabue or equivalent 5 closed-cup test device. 6 (910) "Fleet" means one (1) or more apportionable vehicles. 7 (101) "Fleet registration" means an optional form of registration through 8 the department rather than a county assessor for registration of twenty-five 9 (25) or more commercial or farm vehicles or any combination thereof. This reg- 10 istration is not an option for fleets of rental vehicles. Terms and conditions 11 are further specified in section 49-434(5), Idaho Code. 12 (112) "Fold down camping trailer." (See "Trailer,",section 49-121, Idaho 13 Code) 14 (123) "Foreign vehicle." (See "Vehicle,",section 49-123, Idaho Code) 15 (134) "Franchise" means a contract or agreement between a dealer and a 16 manufacturer of new vehicles or its distributor or factory branch by which the 17 dealer is authorized to engage in the business of selling any specified make 18 or makes of new vehicles. 19 (145) "Full-time salesman" means any person employed as a vehicle salesman 20 on behalf of a dealer for thirty (30) or more hours per week, and who sells, 21 purchases, exchanges or negotiates for the sale, purchase or exchange of five 22 (5) or more vehicles during each year in which his license is in effect. 23 SECTION 3. 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 6 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 of 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 under section 49-402, Idaho Code, upon certification by the owner of 16 the installation and use of conversion components that make the motorbike com- 17 pliant 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, that meets the federal motor vehicle safety stan- 21 dards as originally designed, and includes a converted motorbike, butexclud-22ingdoes not include a motor-driven cycle, a motorbike, a tractorandor a 23 moped. 24 (112) "Motor carrier" means an individual, partnership, corporation or 25 other legal entity engaged in the transportation by motor vehicle of persons 26 or property in the furtherance of a business or for hire. 27 (13) "Motor-driven cycle" means a cycle with a motor that produces five 28 (5) brake horsepower or less as originally manufactured that meets federal 29 motor vehicle safety standards as originally designed, and does not include 30 mopeds. Such vehicle shall be titled and a motorcycle endorsement is required 31 for its operation. 32 (124) "Motor home" means a vehicular unit designed to provide temporary 33 living quarters, built into an integral part or permanently attached to a 34 self-propelled motor vehicle chassis. The vehicle must contain permanently 35 installed independent life support systems which meet the American National 36 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro- 37 vide at least four (4) of the following facilities: cooking, refrigeration or 38ice boxicebox, self-contained toilet, heating and/or air conditioning, a 39 potable water supply system, including a faucet and sink, separate 110-125 40 volt electrical power supply and/or LP-gas supply. 41 (135) "Motorized wheelchair" means a motor vehicle with a speed not in 42 excess of eight (8) miles per hour, designed for and used by a handicapped 43 person. 44 (146) "Motor number." (See "Identifying number," section 49-110, Idaho 45 Code) 46 (157) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code) 47 (168) "Motor vehicle liability policy" means an owner's or operator's pol- 48 icy of liability insurance, certified as provided in section 49-1210, Idaho 49 Code, as proof of financial responsibility, and issued by an insurance carrier 50 duly authorized to transact business in this state, to or for the benefit of 51 the person named therein as insured. 52 (179) "Motor vehicle record" means any record that pertains to a motor 53 vehicle registration, motor vehicle title or identification documents or other 54 similar credentials issued by the department or other state or local agency. 7 1 SECTION 4. That Section 49-123, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 49-123. DEFINITIONS -- V. (1) "Variable load suspension axle" means an 4 axle or axles designed to support a part of the vehicle and load and which can 5 be regulated to vary the amount of load supported by such an axle or axles and 6 which can be deployed or lifted by the operator of the vehicle. See also sec- 7 tion 49-117, Idaho Code. 8 (a) "Fully raised" means that the variable load suspension axle is in an 9 elevated position preventing the tires on such axle from having any con- 10 tact with the roadway. 11 (b) "Fully deployed" means that the variable load suspension axle is sup- 12 porting a portion of the weight of the loaded vehicle as controlled by the 13 preset pressure regulator valve. 14 (2) "Vehicle" means: 15 (a) General. Every device in, upon, or by which any person or property is 16 or may be transported or drawn upon a highway, excepting devices used 17 exclusively upon stationary rails or tracks. 18 (b) Authorized emergency vehicle. Vehicles operated by any fire depart- 19 ment or law enforcement agency of the state of Idaho or any political sub- 20 division of the state, ambulances, vehicles belonging to personnel of vol- 21 untary fire departments while in performance of official duties only, 22 vehicles belonging to, or operated by EMS personnel certified or otherwise 23 recognized by the EMS bureau of the Idaho department of health and welfare 24 while in the performance of emergency medical services, sheriff's search 25 and rescue vehicles which are under the immediate supervision of the 26 county sheriff, wreckers which are engaged in motor vehicle recovery oper- 27 ations and are blocking part or all of one (1) or more lanes of traffic, 28 other emergency vehicles designated by the director of the Idaho state 29 police or vehicles authorized by the Idaho transportation board and used 30 in the enforcement of laws specified in section 40-510, Idaho Code, per- 31 taining to vehicles of ten thousand (10,000) pounds or greater. 32 (c) Commercial vehicle or commercial motor vehicle. For the purposes of 33 chapter 3 of this title, (driver's licenses), a motor vehicle or combina- 34 tion of motor vehicles designed or used to transport passengers or prop- 35 erty if the motor vehicle: 36 1. Has a manufacturer's gross combination weight rating (GCWR) in 37 excess of twenty-six thousand (26,000) pounds inclusive of a towed 38 unit with a manufacturer's gross vehicle weight rating (GVWR) of more 39 than ten thousand (10,000) pounds; or 40 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess 41 of twenty-six thousand (26,000) pounds; or 42 3. Is designed to transport sixteen (16) or more people, including 43 the driver; or 44 4. Is of any size and is used in the transportation of materials 45 found to be hazardous for the purposes of the hazardous material 46 transportation act and which require the motor vehicle to be 47 placarded under the hazardous materials regulations (49 CFR part 172, 48 subpart F). 49 For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis- 50 tration), a vehicle or combination of vehicles of a type used or main- 51 tained for the transportation of persons for hire, compensation or profit, 52 or the transportation of property for the owner of the vehicle, or for 53 hire, compensation, or profit, and shall include fixed load specially con- 54 structed vehicles exceeding the limits imposed by chapter 10, title 49, 8 1 Idaho Code, and including drilling rigs, construction, drilling and wreck- 2 er cranes, log jammers, log loaders, and similar vehicles which are nor- 3 mally operated in an overweight or oversize condition or both, but shall 4 not include those vehicles registered pursuant to sections 49-402 and 5 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor 6 vehicle used in a ridesharing arrangement that has a seating capacity for 7 not more than fifteen (15) persons, including the driver, shall not be a 8 "commercial vehicle" under the provisions of this title relating to equip- 9 ment requirements, rules of the road, or registration. 10 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer 11 or rancher, which are operated over public highways, and used exclusively 12 to transport unprocessed agricultural, dairy or livestock products raised, 13 owned and grown by the owner of the vehicle to market or place of storage; 14 and shall include the transportation by the farmer or rancher of any 15 equipment, supplies or products purchased by that farmer or rancher for 16 his own use, and used in the farming or ranching operation or used by a 17 farmer partly in transporting agricultural products or livestock from the 18 farm of another farmer that were originally grown or raised on the farm, 19 or when used partly in transporting agricultural supplies, equipment, 20 materials or livestock to the farm of another farmer for use or consump- 21 tion on the farm but not transported for hire, and shall not include vehi- 22 cles of husbandry or vehicles registered pursuant to sections 49-402 and 23 49-402A, Idaho Code. 24 (e) Foreign vehicle. Every vehicle of a type required to be registered 25 under the provisions of this title brought into this state from another 26 state, territory or country other than in the ordinary course of business 27 by or through a manufacturer or dealer and not registered in this state. 28 (f) Glider kit vehicle. Every large truck manufactured from a kit manu- 29 factured by a manufacturer of large trucks which consists of a frame, cab 30 complete with wiring, instruments, fenders and hood and front axles and 31 wheels. The "glider kit" is made into a complete assembly by the addition 32 of the engine, transmission, rear axles, wheels and tires. 33 (g) Motor vehicle. Every vehicle which is self-propelled andevery vehi-34cle which is propelled by electric power obtained from overhead trolley35wires but not operated upon rails, exceptmeets federal motor vehicle 36 safety standards as defined in section 49-107, Idaho Code. Motor vehicle 37 does not include vehicles moved solely by human power, electric personal 38 assistive mobility devices and motorized wheelchairs or other such vehi- 39 cles that are specifically exempt from titling or registration require- 40 ments under title 49, Idaho Code. 41 (h) Multipurpose passenger vehicle (MPV). For the purposes of section 42 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer 43 persons which is constructed either on a truck chassis or with special 44 features for occasional off-road operation. 45 (i) Neighborhood electric vehicle (NEV). A self-propelled, electrically- 46 powered, four-wheeled motor vehicle which is emission free and conforms to 47 the definition and requirements for low-speed vehicles as adopted in the 48 federal motor vehicle safety standards for low-speed vehicles under fed- 49 eral regulations at 49 CFR part 571. An NEV shall be titled, registered 50 and insured according to law as provided respectively in chapters 4, 5 51 and 12, title 49, Idaho Code, and shall only be operated by a licensed 52 driver. Operation of an NEV on a highway shall be allowed as provided in 53 section 49-663, Idaho Code. 54 (j) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho 55 Code, (motor vehicle registration), a noncommercial vehicle shall not 9 1 include those vehicles required to be registered under sections 49-402 and 2 49-402A, Idaho Code, and means all other vehicles or combinations of vehi- 3 cles which are not commercial vehicles or farm vehicles, but shall include 4 motor homes. A noncommercial vehicle shall include those vehicles having a 5 combined gross weight not in excess of sixty thousand (60,000) pounds and 6 not held out for hire, used for purposes related to private use and not 7 used in the furtherance of a business or occupation for compensation or 8 profit or for transporting goods for other than the owner. 9 (k) Passenger car. For the purposes of section 49-966, Idaho Code, a 10 motor vehicle, except a multipurpose passenger vehicle, motorcycle or 11 trailer, designed to carry ten (10) or fewer persons. 12 (l) Reconstructed or repaired vehicle. Every vehicle that has been 13 rebuilt or repaired using like make and model parts and visually appears 14 as a vehicle that was originally constructed under a distinctive manufac- 15 turer. This includes a salvage vehicle which is damaged to the extent that 16 a "reconstructed vehicle" or "repaired vehicle" brand is required, and 17 other vehicles which have been reconstructed by the use of a kit designed 18 to be used to construct an exact replica of a vehicle which was previously 19 constructed under a distinctive name, make, model or type by a generally 20 recognized manufacturer of vehicles. A glider kit vehicle is not a recon- 21 structed vehicle. 22 (m) Replica vehicle. A vehicle made to replicate any passenger car or 23 truck previously manufactured, using metal, fiberglass or other composite 24 materials. Replica vehicles must look like the original vehicle being 25 replicated but may use a more modern drive train. At a minimum, replica 26 vehicles shall meet the same federal motor vehicle safety and emission 27 standards in effect for the year and type of vehicle being replicated. 28 (n) Salvage vehicle. Any vehicle for which a salvage certificate, salvage 29 bill of sale or other documentation showing evidence that the vehicle has 30 been declared salvage or which has been damaged to the extent that the 31 owner, or an insurer, or other person acting on behalf of the owner, 32 determines that the cost of parts and labor minus the salvage value makes 33 it uneconomical to repair or rebuild. When an insurance company has paid 34 money or has made other monetary settlement as compensation for a total 35 loss of any motor vehicle, such motor vehicle shall be considered to be a 36 salvage vehicle. 37 (no) Specially constructed vehicle. Every vehicle of a type required to 38 be registered not originally constructed under a distinctive name, make, 39 model or type by a generally recognized manufacturer of vehicles and not 40 materially altered from its original construction and cannot be visually 41 identified as a vehicle produced by a particular manufacturer. This 42 includes: 43 1. A vehicle that has been structurally modified so that it does not 44 have the same appearance as a similar vehicle from the same manufac- 45 turer; or 46 2. A vehicle that has been constructed entirely from homemade parts 47 and materials not obtained from other vehicles; or 48 3. A vehicle that has been constructed by using major component 49 parts from one (1) or more manufactured vehicles and cannot be iden- 50 tified as a specific make or model; or 51 4. A vehicle constructed by the use of a custom kit that cannot be 52 visually identified as a specific make or model. All specially con- 53 structed vehicles of a type required to be registered shall be certi- 54 fied by the owner to meet all applicable federal motor vehicle safety 55 standards in effect at the time construction is completed, and all 10 1 requirements of chapter 9, title 49, Idaho Code. 2 (op) Total loss vehicle. Every vehicle that is deemed to be uneconomical 3 to repair due to scrapping, dismantling or destruction. A total loss shall 4 occur when an insurance company or any other person pays or makes other 5 monetary settlement to the owner when it is deemed to be uneconomical to 6 repair the damaged vehicle. The compensation for total loss as defined 7 herein shall not include payments by an insurer or other person for medi- 8 cal care, bodily injury, vehicle rental or for anything other than the 9 amount paid for the actual damage to the vehicle. 10 (3) "Vehicle identification number." (See "Identifying number," section 11 49-110, Idaho Code) 12 (4) "Vehicle salesman" means any person who, for a salary, commission or 13 compensation of any kind, is employed either directly or indirectly, or regu- 14 larly or occasionally by any dealer to sell, purchase or exchange, or to nego- 15 tiate for the sale, purchase or exchange of vehicles. (See also "full-time 16 salesman," section 49-107, Idaho Code, and "part-time salesman," section 17 49-117, Idaho Code) 18 (5) "Vessel." (See section 67-7003, Idaho Code) 19 (6) "Veteran." (See section 65-502, Idaho Code) 20 (7) "Violation" means a conviction of a misdemeanor charge involving a 21 moving traffic violation, or an admission or judicial determination of the 22 commission of an infraction involving a moving traffic infraction, except 23 bicycle infractions. 24 SECTION 5. That Section 49-402, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup 27 truck, each neighborhood electric vehicle and each other motor vehicle having 28 a maximum gross weight not in excess of eight thousand (8,000) pounds and that 29 complies with the federal motor vehicle safety standards as defined in section 30 49-107, Idaho Code, shall be: 31 Vehicles one (1) and two (2) years old ............................ $48.00 32 Vehicles three (3) and four (4) years old ......................... $36.00 33 Vehicles five (5) and six (6) years old ........................... $36.00 34 Vehicles seven (7) and eight (8) years old ........................ $24.00 35 Vehicles over eight (8) years old ................................. $24.00 36 There shall be twelve (12) registration periods, starting in January for 37 holders of validation registration stickers numbered 1, and proceeding consec- 38 utively through December for holders of validation registration stickers num- 39 bered 12, each of which shall start on the first day of a calendar month and 40 end on the last day of the twelfth month from the first day of the beginning 41 month. Registration periods shall expire midnight on the last day of the reg- 42 istration period in the year designated by the validation registration 43 sticker. The numeral digit on the validation registration stickers shall, as 44 does the registration card, fix the registration period under the staggered 45 plate system of Idaho for the purpose of reregistration and notice of expira- 46 tion. 47 A vehicle that has once been registered for any of the above designated 48 periods shall, upon reregistration, be registered for the period bearing the 49 same number, and the registration card shall show and be the exclusive proof 50 of the expiration date of registration and licensing. Vehicles may be ini- 51 tially registered for less than a twelve (12) month period, or for more than a 52 twelve (12) month period, and the fee prorated on a monthly basis if the frac- 53 tional registration tends to fulfill the purpose of the monthly series regis- 11 1 tration system. 2 (2) For all school buses operated either by a nonprofit, nonpublic school 3 or operated pursuant to a service contract with a school district for trans- 4 porting children to or from school or in connection with school approved 5 activities, the annual fee shall be twenty-four dollars ($24.00). 6 (3) For all motorcycles and motor-driven cycles which comply with the 7 federal motor vehicle safety standards, and all-terrain vehicles operated upon 8 the public highways the annual fee shall be nine dollars ($9.00). For opera- 9 tion of an all-terrain vehicle or motorcycle off the public highways, the fee 10 specified in section 67-7122, Idaho Code, shall be paid. Registration exemp- 11 tions provided in section 49-426(2), (3) and (4), Idaho Code, apply to all- 12 terrain vehicles and motorcycles used for the purposes described in subsec- 13 tions (2), (3) and (4) of section 49-426, Idaho Code. 14 (4) For all motor homes the fee shall be as specified in subsection (1) 15 of this section and shall be in addition to the fees provided for in section 16 49-445, Idaho Code. 17 (5) Registration fees shall not be subject to refund. 18 (6) A financial institution or repossession service contracted to a 19 financial institution repossessing vehicles under the terms of a security 20 agreement shall move the vehicle from the place of repossession to the finan- 21 cial institution's place of business on a repossession plate. The repossession 22 plate shall also be used for demonstrating the vehicle to a prospective pur- 23 chaser for a period not to exceed ninety-six (96) hours. The registration fees 24 for repossession plates shall be as required in subsection (1) of this section 25 for a vehicle one (1) and two (2) years old. All other fees required under 26 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee. 27 The repossession plate shall be issued on an annual basis by the department. 28 (7) In addition to the annual registration fee in this section, there 29 shall be an initial program fee of twenty-five dollars ($25.00) and an annual 30 program fee of fifteen dollars ($15.00) for all special license plate programs 31 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408, 32 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special plates 33 issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an 34 initial program fee of twenty-five dollars ($25.00) but there shall be no 35 annual renewal fee. For special plates issued pursuant to sections 49-415C, 36 49-415D, 49-416A, 49-416B, 49-416C, 49-416D, 49-416E, 49-417, 49-417A, 37 49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-418E, 49-419, 49-419A, 38 49-419B, 49-419C, 49-419D, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420E 39 and 49-420G, Idaho Code, there shall be an initial program fee of thirty-five 40 dollars ($35.00) and an annual program fee of twenty-five dollars ($25.00). 41 The fees contained in this subsection shall be applicable to all new special 42 plate programs. The initial program fee and the annual program fee shall be 43 deposited in the state highway account and shall be used to fund the cost of 44 administration of special license plate programs, unless otherwise specified 45 by law. 46 (8) Any vehicle that does not meet federal motor vehicle safety standards 47 shall not be registered and shall not be permitted to operate on public high- 48 ways of the state, as defined in section 40-117, Idaho Code, unless otherwise 49 specifically authorized. 50 SECTION 6. That Section 49-501, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 49-501. TITLING REQUIREMENTS -- EXEMPTIONS. (1) The provisions of this 53 chapter shall apply to every vehicle required to be registered with the 12 1 department in chapter 4, title 49, Idaho Code. 2 (2) In addition, the titling requirements of this chapter shall apply to 3 the following vehicles which are not required to be registered under the pro- 4 visions of chapter 4, title 49, Idaho Code: 5 (a) All-terrain vehicles, motorbikes, snowmobiles and utility type vehi- 6 cles as defined in section 67-7101, Idaho Code, except that such vehicles 7 having an internal combustion engine with a displacement of less than for- 8 ty-six (46) cubic centimeters will not be titled; and 9 (b) Manufactured homes as defined in section 39-4105, Idaho Code. 10 (3) Certain vehicles which are required to be registered under the provi- 11 sions of chapter 4, title 49, Idaho Code, shall be exempt from the titling 12 requirements of this chapter as follows: 13 (a) Utility trailers whose unladen weight is less than two thousand 14 (2,000) pounds; and 15 (b) The board may, by rule, exempt vehicles and motor vehicles registered 16 under the provisions of sections 49-434 and 49-435, Idaho Code, from the 17 titling requirements of this chapter. 18 (4) Vehicles exempt from registration under the provisions of section 19 49-426, Idaho Code, are exempt from the titling requirements of this chapter, 20 unless otherwise specifically required by the provisions of subsection (2) of 21 this section. 22 SECTION 7. That Section 49-1606, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 49-1606. CLASSES OF LICENSES -- NONRESIDENT DEALERS. Licenses issued 25 under the provisions of this chapter shall be as follows: 26 (1) A dealer's license shall permit the licensee to engage in the busi- 27 ness of selling or exchanging new and used vehicles, new and used motorcycles, 28 motor-driven cycles andmotor scootersmotorbikes, new and used all-terrain 29 vehicles, utility type vehicles, snow machines and travel trailers, and new 30 and used motor homes. This form of license shall permit licensees who are 31 owners or part owners of the business of the licensee to act as vehicle sales- 32 men. 33 (2) A vehicle salesman's license shall permit the licensee to engage in 34 the activities of a vehicle salesman. 35 (3) A wholesale dealer's license shall permit the licensee to engage in 36 the business of wholesaling used vehicles to Idaho vehicle dealers. The holder 37 of this license must meet all the requirements for a principal place of busi- 38 ness, except for the requirement of display area and adequate room to repair 39 vehicles. 40 (4) A vehicle manufacturer's license shall permit the licensee to engage 41 in the business of constructing or assembling vehicles, of the type subject to 42 registration under this title at an established place of business within 43 Idaho. 44 (5) A distributor, factory branch, or distributor branch license shall 45 permit the licensee to engage in the business of selling and distributing 46 vehicles, parts, and accessories to their franchised dealers. 47 (6) A representative (factory branch or distributor, etc.) license shall 48 permit the licensee to engage in the business of contacting his respective 49 authorized dealers, for the purpose of making or promoting the sale of his, 50 its, or their vehicles, parts, and accessories. 51 (7) Pending the satisfaction of the department that the applicant has met 52 the requirements for licensure, it may issue a temporary permit to any appli- 53 cant for a license. A temporary permit shall not exceed a period of ninety 13 1 (90) days while the department is completing its investigation and determina- 2 tion of facts relative to the qualifications of the applicant for a license. A 3 temporary permit shall terminate when the applicant's license has been issued 4 or refused. 5 (8) The department may issue a probationary vehicle salesman's license, 6 subject to conditions to be observed in the exercise of the privilege granted 7 either upon application for issuance of a license or upon application for 8 renewal of a license. The conditions to be attached to the exercise of the 9 privilege shall not appear on the face of the license but shall, in the judg- 10 ment of the department, be in the public interest and suitable to the qualifi- 11 cations of the applicant as disclosed by the application and investigation by 12 the department. 13 (9) A nonresident dealer who is currently authorized to do business as, 14 and has an established place of business as a vehicle dealer in another state, 15 is not subject to licensure under the provisions of this chapter as long as 16 the sales are limited to the exportation of vehicles for sale to, and the 17 importation of vehicles purchased from, licensed Idaho vehicle dealers. 18 SECTION 8. That Section 49-1608, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 49-1608. LICENSE BOND. (1) Before any dealer's license shall be issued by 21 the department to any applicant, the applicant shall procure and file with the 22 department good and sufficient bond in the amount shown, conditioned that the 23 applicant shall not practice any fraud, make any fraudulent representation or 24 violate any of the provisions of this chapter, rules of the department, or the 25 provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, 26 Idaho Code, or federal motor vehicle safety standards, or odometer fraud in 27 the conduct of the business for which he is licensed. 28 (a) All dealers, including wholesale, but excluding a dealer exclusively 29 in the business of motorcycles, motor-driven cycles andmotor scooters30 motorbikes, all-terrain vehicles, utility type vehicles and snow machine 31 sales, twenty thousand dollars ($20,000). 32 (b) A dealer exclusively in the business of motorcycle, motor-driven 33 cycle andmotor scootermotorbike sales, all-terrain vehicles, utility 34 type vehicles and snow machine sales, ten thousand dollars ($10,000). 35 (2) The bond required in this section may be continuous in form and the 36 total aggregate liability on the bond shall be limited to the payment of the 37 amounts set forth in this section. The bond shall be in the following form: 38 (a) A corporate surety bond, by a surety licensed to do business in this 39 state; or 40 (b) A certificate of deposit, in a form prescribed by the director; or 41 (c) A cash deposit with the director. 42 (3) If a bond is canceled or otherwise becomes invalid, upon receiving 43 notice of the cancellation or invalidity, the department shall immediately 44 suspend the dealer's license and take possession of the license itself, all 45 vehicle plates used in the business and all unused title applications of the 46 licensee. The licensee is entitled to a hearing which shall be held within 47 twenty (20) days of the suspension. Upon receiving notice that a valid bond is 48 in force, the department shall immediately reinstate the license. 49 (4) The bond requirements of this section shall be satisfied if the 50 applicant is a duly licensed manufactured home dealer in accordance with chap- 51 ter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho 52 Code, otherwise meets the requirements of this section. The amount of the bond 53 shall be in the amount as required in this section or that required in section 14 1 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a cer- 2 tified copy of the bond as required in section 44-2103, Idaho Code, to the 3 department.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Moyle Seconded by Hagedorn IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 365 1 AMENDMENTS TO SECTION 4 2 On page 8 of the printed bill, in line 33, following "self-propelled" 3 insert: ","; and in line 35, following "except" insert: "for the purpose of 4 titling and registration". 2 Moved by Wood (35) Seconded by Wills IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 365 1 AMENDMENTS TO SECTION 6 2 On page 12 of the printed bill, in line 7, delete "for-" and in line 8, 3 delete "ty-six (46)" and insert: "fifty (50)".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 365, As Amended BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO TRANSPORTATION; AMENDING SECTION 49-105, IDAHO CODE, TO REVISE 3 DEFINITIONS; AMENDING SECTION 49-107, IDAHO CODE, TO DEFINE A TERM AND TO 4 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-114, IDAHO CODE, TO REVISE 5 DEFINITIONS, TO DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING 6 SECTION 49-123, IDAHO CODE, TO REVISE DEFINITIONS AND TO DEFINE A TERM; 7 AMENDING SECTION 49-402, IDAHO CODE, TO REQUIRE COMPLIANCE WITH FEDERAL 8 MOTOR VEHICLE SAFETY STANDARDS FOR CERTAIN VEHICLES SUBJECT TO REGISTRA- 9 TION AND TO PROHIBIT REGISTRATION AND OPERATION OF CERTAIN VEHICLES ON 10 PUBLIC HIGHWAYS OF THE STATE; AMENDING SECTION 49-501, IDAHO CODE, TO PRO- 11 VIDE AN EXEMPTION FROM TITLING REQUIREMENTS; AMENDING SECTION 49-1606, 12 IDAHO CODE, TO REVISE DEALER LICENSING PROVISIONS; AND AMENDING SECTION 13 49-1608, IDAHO CODE, TO REVISE DEALER LICENSE BOND PROVISIONS. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 49-105, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 49-105. DEFINITIONS -- D. (1) "Dealer" means every person in the business 18 of buying, selling or exchanging five (5) or more new or used vehicles, new or 19 used neighborhood electric vehicles, new or used motorcycles, motor-driven 20 cycles, snow machines ormotor scootersmotorbikes, travel trailers, all- 21 terrain vehicles, utility type vehicles or motor homes in any calendar year, 22 either outright or on conditional sale, bailment, lease, chattel mortgage, or 23 otherwise, or who has an established place of business for the sale, lease, 24 trade, or display of these vehicles. No insurance company, bank, finance com- 25 pany, public utilities company, or other person coming into possession of any 26 vehicle, as an incident to its regular business, who shall sell that vehicle 27 under any contractual rights it may have, shall be considered a dealer. See 28 also "salvage pool," section 49-120, Idaho Code. 29 (2) "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho 30 Code) 31 (3) "Department" means the Idaho transportation department acting 32 directly or through its duly authorized officers and agents, except in chap- 33 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho state 34 police, except as otherwise specifically provided. 35 (4) "Designated family member" means the spouse, child, grandchild, par- 36 ent, brother or sister of the owner of a vehicle dealership who, in the event 37 of the owner's death, is entitled to inherit the ownership interest in the 38 dealership under the same terms of the owner's will, or who has been nominated 39 in any other written instrument, or who, in the case of an incapacitated owner 40 of a dealership, has been appointed by a court as the legal representative of 41 the dealer's property. 42 (5) "Director" means the director of the Idaho transportation department, 43 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the 2 1 director of the Idaho state police. 2 (6) "Disclose" means to engage in any practice or conduct to make avail- 3 able and make known personal information contained in records of the depart- 4 ment about a person to any other person, organization or entity, by any means 5 of communication. 6 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by 7 the department of commercial vehicle driving privileges. 8 (8) "Distributor" means any person, firm, association, corporation or 9 trust, resident or nonresident, who has a franchise from a manufacturer of 10 vehicles to distribute vehicles in this state, and who in whole or in part 11 sells or distributes new vehicles to dealers or who maintains distributor rep- 12 resentatives. 13 (9) "Distributor branch" means a branch office similarly maintained by a 14 distributor for the same purposes a factory branch is maintained. 15 (10) "Distributor representative" means any person, firm, association, 16 corporation or trust, and each officer and employee thereof engaged as a rep- 17 resentative of a distributor or distributor branch of vehicles for the purpose 18 of making or promoting the sale of vehicles, or for supervising or contacting 19 dealers or prospective dealers. 20 (11) "District" means: 21 (a) Business district. The territory contiguous to and including a high- 22 way when within any six hundred (600) feet along the highway there are 23 buildings in use for business or industrial purposes, including hotels, 24 banks or office buildings, railroad stations and public buildings which 25 occupy at least three hundred (300) feet of frontage on one side or three 26 hundred (300) feet collectively on both sides of the highway. 27 (b) Residential district. The territory contiguous to and including a 28 highway not comprising a business district when the property on the high- 29 way for a distance of three hundred (300) feet or more is in the main 30 improved with residences, or residences and buildings in use for business. 31 (c) Urban district. The territory contiguous to and including any highway 32 which is built up with structures devoted to business, industry or dwell- 33 ing houses. For purposes of establishing speed limits in accordance with 34 the provisions of section 49-654, Idaho Code, no state highway or any por- 35 tion thereof lying within the boundaries of an urban district is subject 36 to the limitations which otherwise apply to nonstate highways within an 37 urban district. Provided, this subsection shall not limit the authority of 38 the duly elected officials of an incorporated city acting as a local 39 authority to decrease speed limits on state highways passing through any 40 district within the incorporated city. 41 (12) "Documented vessel" means a vessel having a valid marine document as 42 a vessel of the United States. 43 (13) "Drag race" means the operation of two (2) or more vehicles from a 44 point side by side at accelerating speeds in a competitive attempt to outdis- 45 tance each other, or the operation of one (1) or more vehicles over a common 46 selected course, from the same point to the same point, for the purpose of 47 comparing the relative speeds or power of acceleration of the vehicles within 48 a certain distance or time limit. 49 (14) "Driver" means every person who drives or is in actual physical con- 50 trol of a vehicle. 51 (15) "Driver's license" means a license or permit issued by the department 52 or by any other jurisdiction to an individual which authorizes the individual 53 to operate a motor vehicle or commercial motor vehicle on the highways in 54 accordance with the requirements of title 49, Idaho Code. 55 (16) "Driver's license -- Classes of" are issued for the operation of a 3 1 vehicle based on the size of the vehicle or the type of load and mean: 2 (a) Class A. This license shall be issued and valid for the operation of 3 any combination of motor vehicles with a manufacturer's gross combination 4 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, 5 provided the manufacturer's gross vehicle weight rating (GVWR) of the 6 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per- 7 sons holding a valid class A license may also operate vehicles requiring a 8 class B, C or D license. 9 (b) Class B. This license shall be issued and valid for the operation of 10 any single vehicle with a manufacturer's gross vehicle weight rating 11 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi- 12 cle towing a vehicle not in excess of ten thousand (10,000) pounds 13 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid 14 class B license may also operate vehicles requiring a class C license or a 15 class D license. 16 (c) Class C. This license shall be issued and valid for the operation of 17 any single vehicle or combination of vehicles that does not meet the defi- 18 nition of class A or class B, as defined in this section, but that either 19 is designed to transport sixteen (16) or more people including the driver, 20 or is of any size which does not meet the definition of class A or class B 21 and is used in the transportation of materials found to be hazardous 22 according to the hazardous material transportation act and which requires 23 the motor vehicle to be placarded under the federal hazardous materials 24 regulations 49 CFR part 172, subpart F. Persons holding a valid class C 25 license may also operate vehicles requiring a class D license. 26 (d) Class D. This license shall be issued and valid for the operation of 27 a motor vehicle that is not a commercial vehicle as defined in section 28 49-123, Idaho Code. 29 (e) "Seasonal driver's license" means a special restricted class B or C 30 driver's license to operate certain commercial vehicles in farm-related 31 industries under restrictions imposed by the department. As used in this 32 definition, "farm-related industry" shall mean custom harvesters, farm 33 retail outlets and suppliers, agri-chemical businesses and livestock 34 feeders. Seasonal driver's licenses are not valid for driving vehicles 35 carrying any quantities of hazardous material requiring placarding, except 36 for diesel fuel in quantities of one thousand (1,000) gallons or less, 37 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of 38 husbandry with total capacities of three thousand (3,000) gallons or less, 39 and solid fertilizers, i.e., solid plant nutrients, that are not mixed 40 with any organic substance. 41 (17) "Driver record" means any record that pertains to an individual's 42 driver's license, driving permit, driving privileges, driving history, identi- 43 fication documents or other similar credentials issued by the department. 44 (18) "Driver's license endorsements" means special authorizations that are 45 required to be displayed on a driver's license which permit the driver to 46 operate certain types of commercial vehicles or commercial vehicles hauling 47 certain types of cargo, or to operate a motorcycle or a school bus. 48 (a) "Endorsement T -- Double/Triple trailer" means this endorsement is 49 required on a class A, B or C license to permit the licensee to operate a 50 vehicle authorized to tow more than one (1) trailer. 51 (b) "Endorsement H -- Hazardous material" means this endorsement is 52 required on a class A, B or C license if the driver is operating a vehicle 53 used in the transportation of materials found to be hazardous according to 54 the hazardous material transportation act and which requires the motor 55 vehicle to be placarded under the federal hazardous materials regulations 4 1 49 CFR part 172, subpart F. 2 (c) "Endorsement P -- Passenger" means this endorsement is required on a 3 class A, B or C license to permit the licensee to operate a vehicle 4 designed to transport sixteen (16) or more people including the driver. 5 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on 6 a class A, B or C license to permit the licensee to operate a vehicle 7 which is designed to transport any liquid or gaseous materials within a 8 tank that is either permanently or temporarily attached to the vehicle. 9 Such vehicles include, but are not limited to, cargo tanks and portable 10 tanks, as defined in federal regulations 49 CFR part 171. This definition 11 does not include portable tanks having a rated capacity under one thousand 12 (1,000) gallons. 13 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a 14 driver's license to permit the driver to operate a motorcycle or motor- 15 driven cycle. 16 (f) "Endorsement S -- School bus" means this endorsement is required on a 17 class A, B or C license to permit the licensee to operate a school bus in 18 accordance with 49 CFR part 383, to transport preprimary, primary or sec- 19 ondary school students from home to school, from school to home, or to and 20 from school-sponsored events. School bus does not include a bus used as a 21 common carrier. 22 (19) "Driveway" means a private road giving access from a public way to a 23 building on abutting grounds. 24 (20) "Dromedary tractor" means every motor vehicle designed and used pri- 25 marily for drawing a semitrailer and so constructed as to carry manifested 26 cargo in addition to a part of the weight of the semitrailer. 27 SECTION 2. That Section 49-107, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 49-107. DEFINITIONS -- F. (1) "Factory branch" means a branch office 30 maintained by a person who manufactures or assembles vehicles for sale to dis- 31 tributors or to dealers, or for directing or supervising, in whole or in part, 32 its representatives. 33 (2) "Factory representative" means any person and each officer and 34 employee engaged as a representative of a manufacturer of vehicles or by a 35 factory branch for the purpose of making or promoting a sale of their vehi- 36 cles, or for supervising or contacting their dealers or prospective dealers. 37 (3) "Farm tractor" means every motor vehicle designed or adapted and used 38 primarily as a farm implement power unit operated with or without other farm 39 implements attached in any manner consistent with the structural design of 40 that power unit. 41 (4) "Farm vehicle." (See "Vehicle,",section 49-123, Idaho Code) 42 (5) "Federal motor vehicle safety standards (FMVSS)" means those safety 43 standards established by the national highway traffic safety administration, 44 under title 49 CFR part 500-599, for the safe construction and manufacturing 45 of self-propelled motorized vehicles for operation on public highways. Such 46 vehicles as originally designed and manufactured shall be so certified by the 47 manufacturer to meet the federal motor vehicle safety standards or the stan- 48 dards in force for a given model year or as certified by the national highway 49 traffic safety administration. 50 (6) "Felony" means any offense under state or federal law that is punish- 51 able by death or imprisonment for a term exceeding one (1) year. 52 (67) "Fifth wheel trailer." (See "Trailer,",section 49-121, Idaho Code) 53 (78) "Financial institution" means any bank that is authorized to do 5 1 business in the state of Idaho and any other financial institution that is 2 registered with the department of finance. 3 (89) "Flammable liquid" means any liquid which has a flash point of 70 4 degrees Fahrenheit, or less, as determined by a tagliabue or equivalent 5 closed-cup test device. 6 (910) "Fleet" means one (1) or more apportionable vehicles. 7 (101) "Fleet registration" means an optional form of registration through 8 the department rather than a county assessor for registration of twenty-five 9 (25) or more commercial or farm vehicles or any combination thereof. This reg- 10 istration is not an option for fleets of rental vehicles. Terms and conditions 11 are further specified in section 49-434(5), Idaho Code. 12 (112) "Fold down camping trailer." (See "Trailer,",section 49-121, Idaho 13 Code) 14 (123) "Foreign vehicle." (See "Vehicle,",section 49-123, Idaho Code) 15 (134) "Franchise" means a contract or agreement between a dealer and a 16 manufacturer of new vehicles or its distributor or factory branch by which the 17 dealer is authorized to engage in the business of selling any specified make 18 or makes of new vehicles. 19 (145) "Full-time salesman" means any person employed as a vehicle salesman 20 on behalf of a dealer for thirty (30) or more hours per week, and who sells, 21 purchases, exchanges or negotiates for the sale, purchase or exchange of five 22 (5) or more vehicles during each year in which his license is in effect. 23 SECTION 3. 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 6 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 of 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 under section 49-402, Idaho Code, upon certification by the owner of 16 the installation and use of conversion components that make the motorbike com- 17 pliant 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, that meets the federal motor vehicle safety stan- 21 dards as originally designed, and includes a converted motorbike, butexclud-22ingdoes not include a motor-driven cycle, a motorbike, a tractorandor a 23 moped. 24 (112) "Motor carrier" means an individual, partnership, corporation or 25 other legal entity engaged in the transportation by motor vehicle of persons 26 or property in the furtherance of a business or for hire. 27 (13) "Motor-driven cycle" means a cycle with a motor that produces five 28 (5) brake horsepower or less as originally manufactured that meets federal 29 motor vehicle safety standards as originally designed, and does not include 30 mopeds. Such vehicle shall be titled and a motorcycle endorsement is required 31 for its operation. 32 (124) "Motor home" means a vehicular unit designed to provide temporary 33 living quarters, built into an integral part or permanently attached to a 34 self-propelled motor vehicle chassis. The vehicle must contain permanently 35 installed independent life support systems which meet the American National 36 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro- 37 vide at least four (4) of the following facilities: cooking, refrigeration or 38ice boxicebox, self-contained toilet, heating and/or air conditioning, a 39 potable water supply system, including a faucet and sink, separate 110-125 40 volt electrical power supply and/or LP-gas supply. 41 (135) "Motorized wheelchair" means a motor vehicle with a speed not in 42 excess of eight (8) miles per hour, designed for and used by a handicapped 43 person. 44 (146) "Motor number." (See "Identifying number," section 49-110, Idaho 45 Code) 46 (157) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code) 47 (168) "Motor vehicle liability policy" means an owner's or operator's pol- 48 icy of liability insurance, certified as provided in section 49-1210, Idaho 49 Code, as proof of financial responsibility, and issued by an insurance carrier 50 duly authorized to transact business in this state, to or for the benefit of 51 the person named therein as insured. 52 (179) "Motor vehicle record" means any record that pertains to a motor 53 vehicle registration, motor vehicle title or identification documents or other 54 similar credentials issued by the department or other state or local agency. 7 1 SECTION 4. That Section 49-123, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 49-123. DEFINITIONS -- V. (1) "Variable load suspension axle" means an 4 axle or axles designed to support a part of the vehicle and load and which can 5 be regulated to vary the amount of load supported by such an axle or axles and 6 which can be deployed or lifted by the operator of the vehicle. See also sec- 7 tion 49-117, Idaho Code. 8 (a) "Fully raised" means that the variable load suspension axle is in an 9 elevated position preventing the tires on such axle from having any con- 10 tact with the roadway. 11 (b) "Fully deployed" means that the variable load suspension axle is sup- 12 porting a portion of the weight of the loaded vehicle as controlled by the 13 preset pressure regulator valve. 14 (2) "Vehicle" means: 15 (a) General. Every device in, upon, or by which any person or property is 16 or may be transported or drawn upon a highway, excepting devices used 17 exclusively upon stationary rails or tracks. 18 (b) Authorized emergency vehicle. Vehicles operated by any fire depart- 19 ment or law enforcement agency of the state of Idaho or any political sub- 20 division of the state, ambulances, vehicles belonging to personnel of vol- 21 untary fire departments while in performance of official duties only, 22 vehicles belonging to, or operated by EMS personnel certified or otherwise 23 recognized by the EMS bureau of the Idaho department of health and welfare 24 while in the performance of emergency medical services, sheriff's search 25 and rescue vehicles which are under the immediate supervision of the 26 county sheriff, wreckers which are engaged in motor vehicle recovery oper- 27 ations and are blocking part or all of one (1) or more lanes of traffic, 28 other emergency vehicles designated by the director of the Idaho state 29 police or vehicles authorized by the Idaho transportation board and used 30 in the enforcement of laws specified in section 40-510, Idaho Code, per- 31 taining to vehicles of ten thousand (10,000) pounds or greater. 32 (c) Commercial vehicle or commercial motor vehicle. For the purposes of 33 chapter 3 of this title, (driver's licenses), a motor vehicle or combina- 34 tion of motor vehicles designed or used to transport passengers or prop- 35 erty if the motor vehicle: 36 1. Has a manufacturer's gross combination weight rating (GCWR) in 37 excess of twenty-six thousand (26,000) pounds inclusive of a towed 38 unit with a manufacturer's gross vehicle weight rating (GVWR) of more 39 than ten thousand (10,000) pounds; or 40 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess 41 of twenty-six thousand (26,000) pounds; or 42 3. Is designed to transport sixteen (16) or more people, including 43 the driver; or 44 4. Is of any size and is used in the transportation of materials 45 found to be hazardous for the purposes of the hazardous material 46 transportation act and which require the motor vehicle to be 47 placarded under the hazardous materials regulations (49 CFR part 172, 48 subpart F). 49 For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis- 50 tration), a vehicle or combination of vehicles of a type used or main- 51 tained for the transportation of persons for hire, compensation or profit, 52 or the transportation of property for the owner of the vehicle, or for 53 hire, compensation, or profit, and shall include fixed load specially con- 54 structed vehicles exceeding the limits imposed by chapter 10, title 49, 8 1 Idaho Code, and including drilling rigs, construction, drilling and wreck- 2 er cranes, log jammers, log loaders, and similar vehicles which are nor- 3 mally operated in an overweight or oversize condition or both, but shall 4 not include those vehicles registered pursuant to sections 49-402 and 5 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor 6 vehicle used in a ridesharing arrangement that has a seating capacity for 7 not more than fifteen (15) persons, including the driver, shall not be a 8 "commercial vehicle" under the provisions of this title relating to equip- 9 ment requirements, rules of the road, or registration. 10 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer 11 or rancher, which are operated over public highways, and used exclusively 12 to transport unprocessed agricultural, dairy or livestock products raised, 13 owned and grown by the owner of the vehicle to market or place of storage; 14 and shall include the transportation by the farmer or rancher of any 15 equipment, supplies or products purchased by that farmer or rancher for 16 his own use, and used in the farming or ranching operation or used by a 17 farmer partly in transporting agricultural products or livestock from the 18 farm of another farmer that were originally grown or raised on the farm, 19 or when used partly in transporting agricultural supplies, equipment, 20 materials or livestock to the farm of another farmer for use or consump- 21 tion on the farm but not transported for hire, and shall not include vehi- 22 cles of husbandry or vehicles registered pursuant to sections 49-402 and 23 49-402A, Idaho Code. 24 (e) Foreign vehicle. Every vehicle of a type required to be registered 25 under the provisions of this title brought into this state from another 26 state, territory or country other than in the ordinary course of business 27 by or through a manufacturer or dealer and not registered in this state. 28 (f) Glider kit vehicle. Every large truck manufactured from a kit manu- 29 factured by a manufacturer of large trucks which consists of a frame, cab 30 complete with wiring, instruments, fenders and hood and front axles and 31 wheels. The "glider kit" is made into a complete assembly by the addition 32 of the engine, transmission, rear axles, wheels and tires. 33 (g) Motor vehicle. Every vehicle which is self-propelled, andevery vehi-34cle which is propelled by electric power obtained from overhead trolley35wires but not operated upon rails, exceptfor the purpose of titling and 36 registration meets federal motor vehicle safety standards as defined in 37 section 49-107, Idaho Code. Motor vehicle does not include vehicles moved 38 solely by human power, electric personal assistive mobility devices and 39 motorized wheelchairs or other such vehicles that are specifically exempt 40 from titling or registration requirements under title 49, Idaho Code. 41 (h) Multipurpose passenger vehicle (MPV). For the purposes of section 42 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer 43 persons which is constructed either on a truck chassis or with special 44 features for occasional off-road operation. 45 (i) Neighborhood electric vehicle (NEV). A self-propelled, electrically- 46 powered, four-wheeled motor vehicle which is emission free and conforms to 47 the definition and requirements for low-speed vehicles as adopted in the 48 federal motor vehicle safety standards for low-speed vehicles under fed- 49 eral regulations at 49 CFR part 571. An NEV shall be titled, registered 50 and insured according to law as provided respectively in chapters 4, 5 51 and 12, title 49, Idaho Code, and shall only be operated by a licensed 52 driver. Operation of an NEV on a highway shall be allowed as provided in 53 section 49-663, Idaho Code. 54 (j) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho 55 Code, (motor vehicle registration), a noncommercial vehicle shall not 9 1 include those vehicles required to be registered under sections 49-402 and 2 49-402A, Idaho Code, and means all other vehicles or combinations of vehi- 3 cles which are not commercial vehicles or farm vehicles, but shall include 4 motor homes. A noncommercial vehicle shall include those vehicles having a 5 combined gross weight not in excess of sixty thousand (60,000) pounds and 6 not held out for hire, used for purposes related to private use and not 7 used in the furtherance of a business or occupation for compensation or 8 profit or for transporting goods for other than the owner. 9 (k) Passenger car. For the purposes of section 49-966, Idaho Code, a 10 motor vehicle, except a multipurpose passenger vehicle, motorcycle or 11 trailer, designed to carry ten (10) or fewer persons. 12 (l) Reconstructed or repaired vehicle. Every vehicle that has been 13 rebuilt or repaired using like make and model parts and visually appears 14 as a vehicle that was originally constructed under a distinctive manufac- 15 turer. This includes a salvage vehicle which is damaged to the extent that 16 a "reconstructed vehicle" or "repaired vehicle" brand is required, and 17 other vehicles which have been reconstructed by the use of a kit designed 18 to be used to construct an exact replica of a vehicle which was previously 19 constructed under a distinctive name, make, model or type by a generally 20 recognized manufacturer of vehicles. A glider kit vehicle is not a recon- 21 structed vehicle. 22 (m) Replica vehicle. A vehicle made to replicate any passenger car or 23 truck previously manufactured, using metal, fiberglass or other composite 24 materials. Replica vehicles must look like the original vehicle being 25 replicated but may use a more modern drive train. At a minimum, replica 26 vehicles shall meet the same federal motor vehicle safety and emission 27 standards in effect for the year and type of vehicle being replicated. 28 (n) Salvage vehicle. Any vehicle for which a salvage certificate, salvage 29 bill of sale or other documentation showing evidence that the vehicle has 30 been declared salvage or which has been damaged to the extent that the 31 owner, or an insurer, or other person acting on behalf of the owner, 32 determines that the cost of parts and labor minus the salvage value makes 33 it uneconomical to repair or rebuild. When an insurance company has paid 34 money or has made other monetary settlement as compensation for a total 35 loss of any motor vehicle, such motor vehicle shall be considered to be a 36 salvage vehicle. 37 (no) Specially constructed vehicle. Every vehicle of a type required to 38 be registered not originally constructed under a distinctive name, make, 39 model or type by a generally recognized manufacturer of vehicles and not 40 materially altered from its original construction and cannot be visually 41 identified as a vehicle produced by a particular manufacturer. This 42 includes: 43 1. A vehicle that has been structurally modified so that it does not 44 have the same appearance as a similar vehicle from the same manufac- 45 turer; or 46 2. A vehicle that has been constructed entirely from homemade parts 47 and materials not obtained from other vehicles; or 48 3. A vehicle that has been constructed by using major component 49 parts from one (1) or more manufactured vehicles and cannot be iden- 50 tified as a specific make or model; or 51 4. A vehicle constructed by the use of a custom kit that cannot be 52 visually identified as a specific make or model. All specially con- 53 structed vehicles of a type required to be registered shall be certi- 54 fied by the owner to meet all applicable federal motor vehicle safety 55 standards in effect at the time construction is completed, and all 10 1 requirements of chapter 9, title 49, Idaho Code. 2 (op) Total loss vehicle. Every vehicle that is deemed to be uneconomical 3 to repair due to scrapping, dismantling or destruction. A total loss shall 4 occur when an insurance company or any other person pays or makes other 5 monetary settlement to the owner when it is deemed to be uneconomical to 6 repair the damaged vehicle. The compensation for total loss as defined 7 herein shall not include payments by an insurer or other person for medi- 8 cal care, bodily injury, vehicle rental or for anything other than the 9 amount paid for the actual damage to the vehicle. 10 (3) "Vehicle identification number." (See "Identifying number," section 11 49-110, Idaho Code) 12 (4) "Vehicle salesman" means any person who, for a salary, commission or 13 compensation of any kind, is employed either directly or indirectly, or regu- 14 larly or occasionally by any dealer to sell, purchase or exchange, or to nego- 15 tiate for the sale, purchase or exchange of vehicles. (See also "full-time 16 salesman," section 49-107, Idaho Code, and "part-time salesman," section 17 49-117, Idaho Code) 18 (5) "Vessel." (See section 67-7003, Idaho Code) 19 (6) "Veteran." (See section 65-502, Idaho Code) 20 (7) "Violation" means a conviction of a misdemeanor charge involving a 21 moving traffic violation, or an admission or judicial determination of the 22 commission of an infraction involving a moving traffic infraction, except 23 bicycle infractions. 24 SECTION 5. That Section 49-402, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup 27 truck, each neighborhood electric vehicle and each other motor vehicle having 28 a maximum gross weight not in excess of eight thousand (8,000) pounds and that 29 complies with the federal motor vehicle safety standards as defined in section 30 49-107, Idaho Code, shall be: 31 Vehicles one (1) and two (2) years old ............................ $48.00 32 Vehicles three (3) and four (4) years old ......................... $36.00 33 Vehicles five (5) and six (6) years old ........................... $36.00 34 Vehicles seven (7) and eight (8) years old ........................ $24.00 35 Vehicles over eight (8) years old ................................. $24.00 36 There shall be twelve (12) registration periods, starting in January for 37 holders of validation registration stickers numbered 1, and proceeding consec- 38 utively through December for holders of validation registration stickers num- 39 bered 12, each of which shall start on the first day of a calendar month and 40 end on the last day of the twelfth month from the first day of the beginning 41 month. Registration periods shall expire midnight on the last day of the reg- 42 istration period in the year designated by the validation registration 43 sticker. The numeral digit on the validation registration stickers shall, as 44 does the registration card, fix the registration period under the staggered 45 plate system of Idaho for the purpose of reregistration and notice of expira- 46 tion. 47 A vehicle that has once been registered for any of the above designated 48 periods shall, upon reregistration, be registered for the period bearing the 49 same number, and the registration card shall show and be the exclusive proof 50 of the expiration date of registration and licensing. Vehicles may be ini- 51 tially registered for less than a twelve (12) month period, or for more than a 52 twelve (12) month period, and the fee prorated on a monthly basis if the frac- 53 tional registration tends to fulfill the purpose of the monthly series regis- 11 1 tration system. 2 (2) For all school buses operated either by a nonprofit, nonpublic school 3 or operated pursuant to a service contract with a school district for trans- 4 porting children to or from school or in connection with school approved 5 activities, the annual fee shall be twenty-four dollars ($24.00). 6 (3) For all motorcycles and motor-driven cycles which comply with the 7 federal motor vehicle safety standards, and all-terrain vehicles operated upon 8 the public highways the annual fee shall be nine dollars ($9.00). For opera- 9 tion of an all-terrain vehicle or motorcycle off the public highways, the fee 10 specified in section 67-7122, Idaho Code, shall be paid. Registration exemp- 11 tions provided in section 49-426(2), (3) and (4), Idaho Code, apply to all- 12 terrain vehicles and motorcycles used for the purposes described in subsec- 13 tions (2), (3) and (4) of section 49-426, Idaho Code. 14 (4) For all motor homes the fee shall be as specified in subsection (1) 15 of this section and shall be in addition to the fees provided for in section 16 49-445, Idaho Code. 17 (5) Registration fees shall not be subject to refund. 18 (6) A financial institution or repossession service contracted to a 19 financial institution repossessing vehicles under the terms of a security 20 agreement shall move the vehicle from the place of repossession to the finan- 21 cial institution's place of business on a repossession plate. The repossession 22 plate shall also be used for demonstrating the vehicle to a prospective pur- 23 chaser for a period not to exceed ninety-six (96) hours. The registration fees 24 for repossession plates shall be as required in subsection (1) of this section 25 for a vehicle one (1) and two (2) years old. All other fees required under 26 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee. 27 The repossession plate shall be issued on an annual basis by the department. 28 (7) In addition to the annual registration fee in this section, there 29 shall be an initial program fee of twenty-five dollars ($25.00) and an annual 30 program fee of fifteen dollars ($15.00) for all special license plate programs 31 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408, 32 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special plates 33 issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an 34 initial program fee of twenty-five dollars ($25.00) but there shall be no 35 annual renewal fee. For special plates issued pursuant to sections 49-415C, 36 49-415D, 49-416A, 49-416B, 49-416C, 49-416D, 49-416E, 49-417, 49-417A, 37 49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-418E, 49-419, 49-419A, 38 49-419B, 49-419C, 49-419D, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420E 39 and 49-420G, Idaho Code, there shall be an initial program fee of thirty-five 40 dollars ($35.00) and an annual program fee of twenty-five dollars ($25.00). 41 The fees contained in this subsection shall be applicable to all new special 42 plate programs. The initial program fee and the annual program fee shall be 43 deposited in the state highway account and shall be used to fund the cost of 44 administration of special license plate programs, unless otherwise specified 45 by law. 46 (8) Any vehicle that does not meet federal motor vehicle safety standards 47 shall not be registered and shall not be permitted to operate on public high- 48 ways of the state, as defined in section 40-117, Idaho Code, unless otherwise 49 specifically authorized. 50 SECTION 6. That Section 49-501, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 49-501. TITLING REQUIREMENTS -- EXEMPTIONS. (1) The provisions of this 53 chapter shall apply to every vehicle required to be registered with the 12 1 department in chapter 4, title 49, Idaho Code. 2 (2) In addition, the titling requirements of this chapter shall apply to 3 the following vehicles which are not required to be registered under the pro- 4 visions of chapter 4, title 49, Idaho Code: 5 (a) All-terrain vehicles, motorbikes, snowmobiles and utility type vehi- 6 cles as defined in section 67-7101, Idaho Code, except that such vehicles 7 having an internal combustion engine with a displacement of less than 8 fifty (50) cubic centimeters will not be titled; and 9 (b) Manufactured homes as defined in section 39-4105, Idaho Code. 10 (3) Certain vehicles which are required to be registered under the provi- 11 sions of chapter 4, title 49, Idaho Code, shall be exempt from the titling 12 requirements of this chapter as follows: 13 (a) Utility trailers whose unladen weight is less than two thousand 14 (2,000) pounds; and 15 (b) The board may, by rule, exempt vehicles and motor vehicles registered 16 under the provisions of sections 49-434 and 49-435, Idaho Code, from the 17 titling requirements of this chapter. 18 (4) Vehicles exempt from registration under the provisions of section 19 49-426, Idaho Code, are exempt from the titling requirements of this chapter, 20 unless otherwise specifically required by the provisions of subsection (2) of 21 this section. 22 SECTION 7. That Section 49-1606, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 49-1606. CLASSES OF LICENSES -- NONRESIDENT DEALERS. Licenses issued 25 under the provisions of this chapter shall be as follows: 26 (1) A dealer's license shall permit the licensee to engage in the busi- 27 ness of selling or exchanging new and used vehicles, new and used motorcycles, 28 motor-driven cycles andmotor scootersmotorbikes, new and used all-terrain 29 vehicles, utility type vehicles, snow machines and travel trailers, and new 30 and used motor homes. This form of license shall permit licensees who are 31 owners or part owners of the business of the licensee to act as vehicle sales- 32 men. 33 (2) A vehicle salesman's license shall permit the licensee to engage in 34 the activities of a vehicle salesman. 35 (3) A wholesale dealer's license shall permit the licensee to engage in 36 the business of wholesaling used vehicles to Idaho vehicle dealers. The holder 37 of this license must meet all the requirements for a principal place of busi- 38 ness, except for the requirement of display area and adequate room to repair 39 vehicles. 40 (4) A vehicle manufacturer's license shall permit the licensee to engage 41 in the business of constructing or assembling vehicles, of the type subject to 42 registration under this title at an established place of business within 43 Idaho. 44 (5) A distributor, factory branch, or distributor branch license shall 45 permit the licensee to engage in the business of selling and distributing 46 vehicles, parts, and accessories to their franchised dealers. 47 (6) A representative (factory branch or distributor, etc.) license shall 48 permit the licensee to engage in the business of contacting his respective 49 authorized dealers, for the purpose of making or promoting the sale of his, 50 its, or their vehicles, parts, and accessories. 51 (7) Pending the satisfaction of the department that the applicant has met 52 the requirements for licensure, it may issue a temporary permit to any appli- 53 cant for a license. A temporary permit shall not exceed a period of ninety 13 1 (90) days while the department is completing its investigation and determina- 2 tion of facts relative to the qualifications of the applicant for a license. A 3 temporary permit shall terminate when the applicant's license has been issued 4 or refused. 5 (8) The department may issue a probationary vehicle salesman's license, 6 subject to conditions to be observed in the exercise of the privilege granted 7 either upon application for issuance of a license or upon application for 8 renewal of a license. The conditions to be attached to the exercise of the 9 privilege shall not appear on the face of the license but shall, in the judg- 10 ment of the department, be in the public interest and suitable to the qualifi- 11 cations of the applicant as disclosed by the application and investigation by 12 the department. 13 (9) A nonresident dealer who is currently authorized to do business as, 14 and has an established place of business as a vehicle dealer in another state, 15 is not subject to licensure under the provisions of this chapter as long as 16 the sales are limited to the exportation of vehicles for sale to, and the 17 importation of vehicles purchased from, licensed Idaho vehicle dealers. 18 SECTION 8. That Section 49-1608, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 49-1608. LICENSE BOND. (1) Before any dealer's license shall be issued by 21 the department to any applicant, the applicant shall procure and file with the 22 department good and sufficient bond in the amount shown, conditioned that the 23 applicant shall not practice any fraud, make any fraudulent representation or 24 violate any of the provisions of this chapter, rules of the department, or the 25 provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, 26 Idaho Code, or federal motor vehicle safety standards, or odometer fraud in 27 the conduct of the business for which he is licensed. 28 (a) All dealers, including wholesale, but excluding a dealer exclusively 29 in the business of motorcycles, motor-driven cycles andmotor scooters30 motorbikes, all-terrain vehicles, utility type vehicles and snow machine 31 sales, twenty thousand dollars ($20,000). 32 (b) A dealer exclusively in the business of motorcycle, motor-driven 33 cycle andmotor scootermotorbike sales, all-terrain vehicles, utility 34 type vehicles and snow machine sales, ten thousand dollars ($10,000). 35 (2) The bond required in this section may be continuous in form and the 36 total aggregate liability on the bond shall be limited to the payment of the 37 amounts set forth in this section. The bond shall be in the following form: 38 (a) A corporate surety bond, by a surety licensed to do business in this 39 state; or 40 (b) A certificate of deposit, in a form prescribed by the director; or 41 (c) A cash deposit with the director. 42 (3) If a bond is canceled or otherwise becomes invalid, upon receiving 43 notice of the cancellation or invalidity, the department shall immediately 44 suspend the dealer's license and take possession of the license itself, all 45 vehicle plates used in the business and all unused title applications of the 46 licensee. The licensee is entitled to a hearing which shall be held within 47 twenty (20) days of the suspension. Upon receiving notice that a valid bond is 48 in force, the department shall immediately reinstate the license. 49 (4) The bond requirements of this section shall be satisfied if the 50 applicant is a duly licensed manufactured home dealer in accordance with chap- 51 ter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho 52 Code, otherwise meets the requirements of this section. The amount of the bond 53 shall be in the amount as required in this section or that required in section 14 1 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a cer- 2 tified copy of the bond as required in section 44-2103, Idaho Code, to the 3 department.
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STATEMENT OF PURPOSE
RS 17359C1
This legislation will incorporate the "federal motor vehicle
safety standards" (FMVSS) as prescribed by the National Highway
Traffic Safety Administration (NHTSA) into Idaho's vehicle
registration code, clearly defining motor vehicles for the purpose
of registration and titling, and which vehicles are allowed to be
operated on public roads. Manufacturers who produce vehicles made
for use in the United States are required by federal law to
certify to NHTSA, that their vehicles comply with the FMVSS.
More frequently, vehicles are created or imported from other
countries that were not manufactured to comply wit federal safety
standards to be operated on public roads in the U.S. Typically
they were not built with the intent to import them to the U.S. The
authority is needed in Idaho code to prohibit the registration and
use of public roads for these types of vehicles.
FISCAL NOTE
No fiscal impact.
CONTACT
Name: Amy Smith, Vehicle Services Manager
Agency: Idaho Transportation Department
Phone: 334-8660
STATEMENT OF PURPOSE/FISCAL NOTE H 365
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