Print Friendly SENATE BILL NO. 1378
– MV dealer, principal place business
SENATE BILL NO. 1378
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MOTOR VEHICLE DEALERS - Amends existing law relating to motor vehicle
dealer and salesmen licensing to revise powers of the Idaho Transportation
Department by deleting requirements relating to the posting of certain
information at dealers' principal places of business; and to revise
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1378
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLE DEALER AND SALESMEN LICENSING; AMENDING SECTION
3 49-1602, IDAHO CODE, TO REVISE THE POWERS AND DUTIES OF THE IDAHO TRANS-
4 PORTATION DEPARTMENT BY DELETING REQUIREMENTS RELATING TO THE POSTING OF
5 CERTAIN INFORMATION AT DEALERS' PRINCIPAL PLACES OF BUSINESS; AND AMENDING
6 SECTIONS 49-105, 49-106 AND 49-117, IDAHO CODE, TO REVISE DEFINITIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 49-1602, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-1602. ADMINISTRATION -- POWERS AND DUTIES. The department shall:
11 (1) Issue, and for reasonable cause shown, refuse to issue an applicant
12 any license authorized under the provisions of this chapter. The department
13 may refuse to issue a license to any applicant, other than a partnership or
14 corporation, if the applicant fails to comply with the terms and provisions of
15 this chapter or the rules of the board, or if the applicant has been convicted
16 of a violation of any of the provisions of this chapter or chapter 5, title
17 49, or section 49-1418 or chapter 6, title 48, Idaho Code, or of any federal
18 odometer law or regulation. Should the applicant be a partnership or a corpo-
19 ration, the department may refuse to issue a license to the applicant where it
20 determines that one (1) or more of the partners of a partnership, or one (1)
21 or more of the stockholders or officers of a corporation, was previously the
22 holder of a license which was revoked or suspended, and the license revoked
23 never reissued or the suspended license never reinstated, or that one (1) or
24 more of the partners, stockholders, or officers, though not previously the
25 holder of a license, has violated any of the provisions of this chapter or of
26 an applicable rule or regulation, or of federal motor vehicle safety stan-
28 (2) For just cause shown, revoke or suspend, on terms, conditions, and
29 for a period of time as the department shall consider fair and just, any
30 license or licenses issued pursuant to the provisions of this chapter. No
31 license shall be revoked or suspended unless it shall be shown that the licen-
32 see has violated a provision of this chapter or of an applicable rule or regu-
33 lation, or of federal motor vehicle safety standards.
34 (3) On its own motion, upon the sworn complaint of any person, investi-
35 gate any suspected or alleged violation by a licensee of any of the provisions
36 of this chapter or of an applicable rule or regulation.
37 (4) Prescribe forms for applications for licenses and qualifications for
38 an applicant for licensure. Every application for a license shall contain, in
39 addition to other information required by the department, the following:
40 (a) The name and residence address of the applicant and the trade name,
41 if any, under which he intends to conduct his business. If the applicant
42 is a copartnership, the name and residence address of each member, whether
43 a limited or general partner, and the name under which the partnership
1 business is to be conducted. If the applicant is a corporation, the name
2 of the corporation and the name and address of each of its principal offi-
3 cers and directors.
4 (b) A complete description, including the city with the street number, of
5 the principal place of business and any other and additional places of
6 business operated and maintained by the applicant in conjunction with the
7 principal place of business.
8 (c) Copies of any letters of franchise for new vehicles that the appli-
9 cant has been enfranchised to sell or exchange, and the name or names and
10 addresses of the manufacturer or distributor who has enfranchised the
12 (d) Names and addresses of the persons who shall act as salesmen under
13 the authority of the license, if issued.
14 (e) A copy of the certificate of assumed business name, if required,
15 shall be filed with the secretary of state.
16 (f) For a manufacturer's license, the name or names and addresses of each
17 and every distributor, factory branch, and factory representative.
18 (g) For a salesman's license, certification by the dealer by whom the
19 salesman will be employed, that he has examined the background of the
20 applicant, and to the best of the dealer's knowledge, is qualified to be
21 licensed under the sponsorship of the licensed dealer.
22 (h) Before a dealer who is not exempted from the continuing education
23 requirements as provided in section 49-1637(2), Idaho Code, may apply for
24 a renewal of a vehicle dealer's license, he shall provide to the depart-
25 ment a certification from an accredited educational system, private voca-
26 tional school, correspondence school or trade association approved by the
27 department stating that the vehicle dealer has satisfied the four (4) hour
28 continuing education requirements as specified in section 49-1637(1),
29 Idaho Code.
30 (i) Before any vehicle dealer's license is issued by the department to an
31 applicant who is not licensed with the department as a dealer within the
32 previous twelve (12) calendar months and who is not exempted from the con-
33 tinuing education requirements as provided in section 49-1637(2), Idaho
34 Code, the applicant shall provide to the department a certification from
35 an accredited educational institution, private vocational school, corre-
36 spondence school or trade association approved by the department stating
37 that the applicant has satisfactorily completed the open book examination
38 requirement specified in section 49-1637(1), Idaho Code.
39 (5) Refuse to issue any license under the provisions of this chapter if,
40 upon investigation, the department finds that any information contained in the
41 application is incomplete, incorrect or fictitious.
42 (6) Require that a dealer's principal place of business, and other loca-
43 tions operated and maintained by him in conjunction with his principal place
44 of business, have erected or posted signs or devices providing information
45 relating to the dealer's name, location and address of the principal place of
46 business, and the number of the license held by the dealer.
47 (7) Provide for regular meetings of the dealer advisory board, to be held
48 not less frequently than semiannually. Notices of meetings of the advisory
49 board shall be mailed to all members not less than five (5) days prior to the
50 date on which the meeting is to be held.
51 ( 87) Inspect, prior to licensing, the principal place of business and
52 other sites or locations as may be operated and maintained by the applicant.
53 ( 98) Seek and consider the advisory board's recommendations and comments
54 regarding proposed rules promulgated for the administration of the provisions
55 of this chapter.
1 ( 109) Require the attendance of not less than one (1) or more than three
2 (3) advisory board members at all hearings held relating to this chapter.
3 SECTION 2. That Section 49-105, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 49-105. DEFINITIONS -- D. (1) "Dealer" means every person in the business
6 of buying, selling or exchanging five (5) or more new or used vehicles, new or
7 used neighborhood electric vehicles, new or used motorcycles, snow machines or
8 motor scooters, travel trailers, all-terrain vehicles, utility type vehicles
9 or motor homes in any calendar year, either outright or on conditional sale,
10 bailment, lease, chattel mortgage, or otherwise, or who has a n established
11 principal place of business for the sale, lease, trade, or display of these
12 vehicles. No insurance company, bank, finance company, public utilities com-
13 pany, or other person coming into possession of any vehicle, as an incident to
14 its regular business, who shall sell that vehicle under any contractual rights
15 it may have, shall be considered a dealer. See also "salvage pool," section
16 49-120, Idaho Code.
17 (2) "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho
19 (3) "Department" means the Idaho transportation department acting
20 directly or through its duly authorized officers and agents, except in chap-
21 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho state
22 police, except as otherwise specifically provided.
23 (4) "Designated family member" means the spouse, child, grandchild, par-
24 ent, brother or sister of the owner of a vehicle dealership who, in the event
25 of the owner's death, is entitled to inherit the ownership interest in the
26 dealership under the same terms of the owner's will, or who has been nominated
27 in any other written instrument, or who, in the case of an incapacitated owner
28 of a dealership, has been appointed by a court as the legal representative of
29 the dealer's property.
30 (5) "Director" means the director of the Idaho transportation department,
31 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
32 director of the Idaho state police.
33 (6) "Disclose" means to engage in any practice or conduct to make avail-
34 able and make known personal information contained in records of the depart-
35 ment about a person to any other person, organization or entity, by any means
36 of communication.
37 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by
38 the department of commercial vehicle driving privileges.
39 (8) "Distributor" means any person, firm, association, corporation or
40 trust, resident or nonresident, who has a franchise from a manufacturer of
41 vehicles to distribute vehicles in this state, and who in whole or in part
42 sells or distributes new vehicles to dealers or who maintains distributor rep-
44 (9) "Distributor branch" means a branch office similarly maintained by a
45 distributor for the same purposes a factory branch is maintained.
46 (10) "Distributor representative" means any person, firm, association,
47 corporation or trust, and each officer and employee thereof engaged as a rep-
48 resentative of a distributor or distributor branch of vehicles for the purpose
49 of making or promoting the sale of vehicles, or for supervising or contacting
50 dealers or prospective dealers.
51 (11) "District" means:
52 (a) Business district. The territory contiguous to and including a high-
53 way when within any six hundred (600) feet along the highway there are
1 buildings in use for business or industrial purposes, including hotels,
2 banks or office buildings, railroad stations and public buildings which
3 occupy at least three hundred (300) feet of frontage on one side or three
4 hundred (300) feet collectively on both sides of the highway.
5 (b) Residential district. The territory contiguous to and including a
6 highway not comprising a business district when the property on the high-
7 way for a distance of three hundred (300) feet or more is in the main
8 improved with residences, or residences and buildings in use for business.
9 (c) Urban district. The territory contiguous to and including any highway
10 which is built up with structures devoted to business, industry or dwell-
11 ing houses. For purposes of establishing speed limits in accordance with
12 the provisions of section 49-654, Idaho Code, no state highway or any por-
13 tion thereof lying within the boundaries of an urban district is subject
14 to the limitations which otherwise apply to nonstate highways within an
15 urban district. Provided, this subsection shall not limit the authority of
16 the duly elected officials of an incorporated city acting as a local
17 authority to decrease speed limits on state highways passing through any
18 district within the incorporated city.
19 (12) "Documented vessel" means a vessel having a valid marine document as
20 a vessel of the United States.
21 (13) "Drag race" means the operation of two (2) or more vehicles from a
22 point side by side at accelerating speeds in a competitive attempt to outdis-
23 tance each other, or the operation of one (1) or more vehicles over a common
24 selected course, from the same point to the same point, for the purpose of
25 comparing the relative speeds or power of acceleration of the vehicles within
26 a certain distance or time limit.
27 (14) "Driver" means every person who drives or is in actual physical con-
28 trol of a vehicle.
29 (15) "Driver's license" means a license or permit issued by the department
30 or by any other jurisdiction to an individual which authorizes the individual
31 to operate a motor vehicle or commercial motor vehicle on the highways in
32 accordance with the requirements of title 49, Idaho Code.
33 (16) "Driver's license -- Classes of" are issued for the operation of a
34 vehicle based on the size of the vehicle or the type of load and mean:
35 (a) Class A. This license shall be issued and valid for the operation of
36 any combination of motor vehicles with a manufacturer's gross combination
37 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds,
38 provided the manufacturer's gross vehicle weight rating (GVWR) of the
39 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per-
40 sons holding a valid class A license may also operate vehicles requiring a
41 class B, C or D license.
42 (b) Class B. This license shall be issued and valid for the operation of
43 any single vehicle with a manufacturer's gross vehicle weight rating
44 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
45 cle towing a vehicle not in excess of ten thousand (10,000) pounds
46 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
47 class B license may also operate vehicles requiring a class C license or a
48 class D license.
49 (c) Class C. This license shall be issued and valid for the operation of
50 any single vehicle or combination of vehicles that does not meet the defi-
51 nition of class A or class B, as defined in this section, but that either
52 is designed to transport sixteen (16) or more people including the driver,
53 or is of any size which does not meet the definition of class A or class B
54 and is used in the transportation of materials found to be hazardous
55 according to the hazardous material transportation act and which requires
1 the motor vehicle to be placarded under the federal hazardous materials
2 regulations 49 CFR part 172, subpart F. Persons holding a valid class C
3 license may also operate vehicles requiring a class D license.
4 (d) Class D. This license shall be issued and valid for the operation of
5 a motor vehicle that is not a commercial vehicle as defined in section
6 49-123, Idaho Code.
7 (e) "Seasonal driver's license" means a special restricted class B or C
8 driver's license to operate certain commercial vehicles in farm-related
9 industries under restrictions imposed by the department. As used in this
10 definition, "farm-related industry" shall mean custom harvesters, farm
11 retail outlets and suppliers, agri-chemical businesses and livestock
12 feeders. Seasonal driver's licenses are not valid for driving vehicles
13 carrying any quantities of hazardous material requiring placarding, except
14 for diesel fuel in quantities of one thousand (1,000) gallons or less,
15 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of
16 husbandry with total capacities of three thousand (3,000) gallons or less,
17 and solid fertilizers, i.e., solid plant nutrients, that are not mixed
18 with any organic substance.
19 (17) "Driver record" means any record that pertains to an individual's
20 driver's license, driving permit, driving privileges, driving history, identi-
21 fication documents or other similar credentials issued by the department.
22 (18) "Driver's license endorsements" means special authorizations that are
23 required to be displayed on a driver's license which permit the driver to
24 operate certain types of commercial vehicles or commercial vehicles hauling
25 certain types of cargo, or to operate a motorcycle or a school bus.
26 (a) "Endorsement T -- Double/Triple trailer" means this endorsement is
27 required on a class A, B or C license to permit the licensee to operate a
28 vehicle authorized to tow more than one (1) trailer.
29 (b) "Endorsement H -- Hazardous material" means this endorsement is
30 required on a class A, B or C license if the driver is operating a vehicle
31 used in the transportation of materials found to be hazardous according to
32 the hazardous material transportation act and which requires the motor
33 vehicle to be placarded under the federal hazardous materials regulations
34 49 CFR part 172, subpart F.
35 (c) "Endorsement P -- Passenger" means this endorsement is required on a
36 class A, B or C license to permit the licensee to operate a vehicle
37 designed to transport sixteen (16) or more people including the driver.
38 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on
39 a class A, B or C license to permit the licensee to operate a vehicle
40 which is designed to transport any liquid or gaseous materials within a
41 tank that is either permanently or temporarily attached to the vehicle.
42 Such vehicles include, but are not limited to, cargo tanks and portable
43 tanks, as defined in federal regulations 49 CFR part 171. This definition
44 does not include portable tanks having a rated capacity under one thousand
45 (1,000) gallons.
46 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a
47 driver's license to permit the driver to operate a motorcycle.
48 (f) "Endorsement S -- School bus" means this endorsement is required on a
49 class A, B or C license to permit the licensee to operate a school bus in
50 accordance with 49 CFR part 383, to transport preprimary, primary or sec-
51 ondary school students from home to school, from school to home, or to
52 and from school-sponsored events. School bus does not include a bus used
53 as a common carrier.
54 (19) "Driveway" means a private road giving access from a public way to a
55 building on abutting grounds.
1 (20) "Dromedary tractor" means every motor vehicle designed and used pri-
2 marily for drawing a semitrailer and so constructed as to carry manifested
3 cargo in addition to a part of the weight of the semitrailer.
4 SECTION 3. That Section 49-106, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 49-106. DEFINITIONS -- E. (1) "Electric personal assistive mobility
7 device" means a self-balancing two (2) nontandem wheeled device designed to
8 transport only one (1) person, with an electric propulsion system that limits
9 the maximum speed of the device to fifteen (15) miles per hour or less.
10 (2) "Emergency vehicle." (See "Vehicle," section 49-123, Idaho Code)
11 (3) "Encumbrance." (See "Lien," section 49-113, Idaho Code)
12 (4) "EPA" means the environmental protection agency of the United States.
13 (5) "Essential parts" means all integral and body parts of a vehicle of a
14 type required to be registered, the removal, alteration or substitution of
15 which would tend to conceal the identity of the vehicle or substantially alter
16 its appearance, model, type or mode of operation.
17 (6) "Established place of business" means a place occupied either contin-
18 uously or at regular periods by a dealer or manufacturer where his books and
19 records are kept and a large share of his business is transacted.
20 (7) "Excessive" or "unusual noise" means any sound made by a passenger
21 motor vehicle or a motorcycle at any time under any condition of grade, speed,
22 acceleration or deceleration, which exceeds ninety-two (92) decibels, or any
23 lower decibel level that is fixed by law or rules adopted by the board of
24 health and welfare, on the "A" scale of a general radio company No. 1551-B
25 sound level meter, or equivalent, stationed at a distance of not less than
26 twenty (20) feet to the side of a vehicle or motorcycle as the vehicle or
27 motorcycle passes the soundmeter or is stationed not less than twenty (20)
28 feet from a stationary motor or engine.
29 (8) "Excessive speed" means any speed of fifteen (15) miles per hour or
30 more above the posted speed limit, and is only for purposes of determining
31 disqualification of commercial driving privileges.
32 (9) "Executive head," as used in chapter 20, title 49, Idaho Code, means
33 the governor of the state of Idaho.
34 (10) "Explosives" means any chemical compound or mechanical mixture that
35 is commonly used or intended for the purpose of producing an explosion and
36 which contains any oxidizing and combustive units or other ingredients in pro-
37 portions, quantities or packing that an ignition by fire, by friction, by con-
38 cussion, by percussion or by detonator of any part of the compound or mixture
39 may cause a sudden generation of highly heated gases with which the resultant
40 gaseous pressures are capable of producing destructive effects on contiguous
41 objects or of destroying life or limb.
42 (11) "Extraordinary circumstances" means any situation where an emergency
43 exists or public safety is endangered, or any situation in which a vehicle:
44 (a) Is blocking or impeding traffic; or
45 (b) Is causing a hazard; or
46 (c) Has the potential of impeding any emergency vehicle; or
47 (d) Is impeding any snow removal or other road maintenance operation; or
48 (e) Has been stolen but not yet reported as recovered; or
49 (f) Is not registered, or displays a license plate registration tag which
50 has been expired.
51 SECTION 4. That Section 49-117, Idaho Code, be, and the same is hereby
52 amended to read as follows:
1 49-117. DEFINITIONS -- P. (1) "Park" or "parking" means the standing of a
2 vehicle, whether occupied or not, other than temporarily for the purpose of
3 and while actually engaged in loading or unloading property or passengers.
4 (2) "Park trailer." (See "Trailer," section 49-121, Idaho Code)
5 (3) "Part-time salesman" means any person employed as a vehicle salesman
6 on behalf of a dealer less than thirty (30) hours per week.
7 (4) "Peace officer." (See section 19-5101(d), Idaho Code)
8 (5) "Pedestrian" means any person afoot and any person operating a wheel-
9 chair or a motorized wheelchair or an electric personal assistive mobility
11 (6) "Pedestrian path" means any path, sidewalk or way set-aside and used
12 exclusively by pedestrians.
13 (7) (a) "Person" means every natural person, firm, fiduciary, copartner-
14 ship, association, corporation, trustee, receiver or assignee for the ben-
15 efit of creditors, political subdivision, state or federal governmental
16 department, agency, or instrumentality, and for the purposes of chapter 22
17 of this title shall include a private, common or contract carrier operat-
18 ing a vehicle on any highway of this state.
19 (b) "Person with a disability" means:
20 (i) A person who is unable to walk two hundred (200) feet or more
21 unassisted by another person;
22 (ii) A person who is unable to walk two hundred (200) feet or more
23 without the aid of a walker, cane, crutches, braces, prosthetic
24 device or a wheelchair; or
25 (iii) A person who is unable to walk two hundred (200) feet or more
26 without great difficulty or discomfort due to the following impair-
27 ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
28 order, blindness, or the loss of function or absence of a limb.
29 (iv) For the purposes of chapters 3 and 4 of this title, a person
30 with a permanent disability is one whose physician certifies that the
31 person qualifies as a person with a disability pursuant to this sub-
32 section (7)(b), and further certifies that there is no expectation
33 for a fundamental or marked change in the person's condition at any
34 time in the future.
35 (8) "Personal information" means information that identifies an individ-
36 ual, including an individual's photograph or computerized image, social secu-
37 rity number, driver identification number, name, address, telephone number,
38 and medical or disability information, but does not include information on
39 vehicular accidents, driving or equipment-related violations, the five-digit
40 zip code of the person's address, or status of the driver's license or motor
41 vehicle registration.
42 (9) "Pneumatic tire." (See "Tires," section 49-121, Idaho Code)
43 (10) "Pole trailer." (See "Trailer," section 49-121, Idaho Code)
44 (11) "Possessory lien" means a lien dependent upon possession for compen-
45 sation to which a person is legally entitled for making repairs or performing
46 labor upon, and furnishing supplies or materials for, and for the towing,
47 storage, repair, or safekeeping of, any vehicle of a type subject to registra-
49 (12) "Possessory lienholder" means any person claiming a lien, that lien
50 claimed to have accrued on a basis of services rendered to the vehicle which
51 is the subject of the lien.
52 (13) "Preceding year" means, for the purposes of section 49-435, Idaho
53 Code, a period of twelve (12) consecutive months fixed by the department,
54 prior to July 1 of the year immediately preceding the commencement of the reg-
55 istration or license year for which proportional registration is sought. The
1 department in fixing the period shall make it conform to the terms, conditions
2 and requirements of any applicable agreement or arrangement for the propor-
3 tional registration of vehicles.
4 (14) "Pressure regulator valve" means a device or system which governs the
5 load distribution and controls the weight borne by a variable load suspension
6 axle in accordance with a predetermined valve setting.
7 (15) "Principal place of business" means an enclosed permanent commercial
8 structure built upon a permanent set foundation located within the state, eas-
9 ily accessible and open to the public at all reasonable times, which is
10 equipped with:
11 (a) Permanently installed utilities to include power, water and one (1)
12 or more operational restrooms;
13 (b) A hard wire landline telephone; and
14 (c) A an improved display area large enough to display five (5) or more
15 vehicles of the type the dealer is licensed to sell, immediately adjoining
16 the building. , and at
17 The principal place of business shall also be the structure in which the busi-
18 ness of a dealer, including the display and repair of vehicles, may be law-
19 fully carried on in accordance with the terms of all applicable building
20 codes, zoning and other land-use regulatory ordinances, and in which building
21 where the public shall be able to contact the dealer or his salesmen in person
22 or by telephone at all reasonable times, and at which place of and the books,
23 records and files necessary to conduct the business shall be kept and securely
24 maintained. the books, records and files necessary to conduct the business.
25 The principal place of business shall display an exterior sign permanently
26 affixed to the land or building commercial structure, with letters clearly
27 visible to the major avenue of traffic. In no event shall a room or rooms in a
28 hotel, rooming house, or apartment house building or a part of any single or
29 multiple unit dwelling house be considered a "principal place of business"
30 within the terms and provisions of this title. unless the entire ground floor
31 of that hotel, apartment house, or rooming house building or dwelling house be
32 devoted principally to and occupied for commercial purposes, and the office or
33 offices of the dealer be located on the ground floor.
34 (16) "Private property open to the public" means real property not owned
35 by the federal government or the state of Idaho or any of its political subdi-
36 visions, but is available for vehicular traffic or parking by the general pub-
37 lic with the permission of the owner or agent of the real property.
38 (17) "Private road" means every way or place in private ownership and
39 used for vehicular travel by the owner and those having express or implied
40 permission from the owner, but not by other persons.
41 (18) "Proof of financial responsibility" means proof of ability to
42 respond in damages for liability, on account of accidents occurring subsequent
43 to the effective date of the proof, arising out of the ownership, maintenance
44 or use of a motor vehicle, in the amount of twenty-five thousand dollars
45 ($25,000) because of bodily injury to or death of one (1) person in any one
46 (1) accident, and, subject to the limit for one (1) person, in the amount of
47 fifty thousand dollars ($50,000) because of bodily injury to or death of two
48 (2) or more persons in any one (1) accident, and in the amount of fifteen
49 thousand dollars ($15,000) because of injury to or destruction of property of
50 others in any one (1) accident.
51 (19) "Proper authority" means a public highway agency.
52 (20) "Public highway agency" means the state transportation department,
53 any city, county, highway district or any other state agency which has juris-
54 diction over public highway systems and public rights-of-way.
55 (21) "Public right-of-way" means a right-of-way open to the public and
1 under the jurisdiction of a public highway agency, where the public highway
2 agency has no obligation to construct or maintain said right-of-way for vehic-
3 ular traffic.
4 (22) "Public road jurisdiction" means a public highway agency.
5 (23) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho
STATEMENT OF PURPOSE
This proposal will modify the definition of "Principal Place of
Business" outlined in Idaho Code 49-117(15), relating to
licensing vehicle and vessel dealers. It adds requirements to
include that the commercial structure be sitting on a foundation
and must have permanently installed utilities including power,
water, restroom and a hardwired telephone. Current definition
outlines only general requirements of an "enclosed commercial
structure," limited amenities within the structure, and the
"improved display area."
Currently, due to the lack of detailed requirements in code,
combined with a wide variation of local ordinances, dealerships
have been licenses in places such as commercial storage units,
portable storage sheds, camp trailers, garages and other
facilities which can be easily moved or dismantled without
notice, leaving consumers without a way to contact or locate
dealers when problems arise.
This legislation will also remove language which allows a
licensed Idaho dealership to be co-located in a building which is
used as a domestic or rooming house, hotel type dwelling.
This legislation has been brought forward as requested by the
Dealer Advisory Board in an effort to ensure that uniform minimum
requirements be established and that dealers to be licensed have
a vested interest in their business, further protecting
There is no fiscal impact associated with this proposal.
Name: Amy Smith, Idaho Transportation Department
STATEMENT OF PURPOSE/FISCAL NOTE S 1378