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S1379aa,aa................................................by TRANSPORTATION
TIRES - CHAINS - Amends existing law relating to tire equipment
restrictions to define a term; to provide the Idaho Transportation
Department with the authority to require chains or certain other traction
devices on certain commercial vehicles on certain passes; to require the
department to take certain actions when requiring the chains; to provide
for chaining requirements; and to provide for exceptions.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Transp
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/21 To 14th Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
02/28 2nd rdg - to 3rd rdg as amen
03/04 To 14th Ord
03/06 Rpt out amen - to engros
03/07 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon
Floor Sponsors - Broadsword, Hammond & Heinrich
Title apvd - to House
03/12 House intro - 1st rdg - to Transp
03/25 Rpt out - rec d/p - to 2nd rdg
03/26 2nd rdg - to 3rd rdg
Rls susp - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barrett, Bayer, Bilbao, Black, Block, Bock,
Boe, Bolz, Bowers, Brackett, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thomas,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Bell, Bradford, McGeachin, Thayn
Floor Sponsor - Shepherd(2)
Title apvd - to Senate
03/27 To enrol - Rpt enrol - Pres signed
03/28 Sp signed
03/31 To Governor
04/01 Governor signed
Session Law Chapter 330
Effective: 04/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1379 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO TIRE EQUIPMENT RESTRICTIONS; AMENDING SECTION 49-104, IDAHO CODE, 3 TO DEFINE A TERM; AMENDING SECTION 49-123, IDAHO CODE, TO PROVIDE A CHAP- 4 TER REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-948, 5 IDAHO CODE, TO PROVIDE THE IDAHO DEPARTMENT OF TRANSPORTATION WITH THE 6 AUTHORITY TO REQUIRE CHAINS ON CERTAIN COMMERCIAL VEHICLES ON CERTAIN 7 PASSES, TO REQUIRE THE DEPARTMENT TO TAKE CERTAIN ACTIONS WHEN REQUIRING 8 THE CHAINS, TO PROVIDE FOR CHAINING REQUIREMENTS AND TO PROVIDE FOR EXCEP- 9 TIONS; AND DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 49-104, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-104. DEFINITIONS -- C. 14 (1) "Cancellation of driver's license" means the annulment or termination 15 by formal action of the department of a person's driver's license because of 16 some error or defect in the driver's license or because the licensee is no 17 longer entitled to the driver's license. The cancellation of a driver's 18 license is without prejudice and after compliance with requirements, the indi- 19 vidual may apply for a new driver's license at any time after cancellation. 20 (2) "Caravaning" means the transportation of any motor vehicle into, out 21 of, or within the state operating on its own wheels or in tow for the purpose 22 of sale or offer of sale by any agent, dealer, manufacturer's representative, 23 purchaser, or prospective purchaser, regardless of residence unless the motor 24 vehicle is licensed by the state of Idaho, or is owned by an automobile 25 dealer, duly licensed as a dealer by this state. It shall also be considered 26 as the transportation of property for hire by a motor vehicle upon the high- 27 ways of this state. 28 (3) "Certificate of liability insurance" means a certificate of liability 29 insurance issued by an insurance company authorized to do business in this 30 state or a certificate of liability insurance issued by the department of 31 insurance which demonstrates current insurance against loss resulting from 32 liability imposed by law for bodily injury or death or damage to property suf- 33 fered by any person caused by accident and arising out of the operation, main- 34 tenance or use of a motor vehicle described in the certificate in an amount 35 not less than that required by section 49-1212, Idaho Code, and also demon- 36 strates the current existence of any other coverage required by title 41, 37 Idaho Code, or a certificate of self-insurance issued pursuant to law for each 38 motor vehicle to be registered. A certificate of liability insurance shall 39 contain the information required by the department of insurance, including the 40 name and address of the owner of the motor vehicle and a description of the 41 motor vehicle including identification number if there is one, or a statement 42 that all vehicles owned by a person or entity are covered by insurance, the 43 inception date of coverage, and the name of the insurer. "Certificate of lia- 2 1 bility insurance" may also include the original contract of liability insur- 2 ance or a true copy, demonstrating the current existence of the liability 3 insurance described above. 4 (4) "Certification of safety compliance" means that a motor carrier cer- 5 tifies as part of its registration process that it has knowledge of the fed- 6 eral regulations and rules promulgated by the Idaho transportation department 7 and the Idaho state police applicable to motor carriers. 8 (5) "Chains" means metal traction devices required pursuant to section 9 49-948, Idaho Code, which consist of two (2) circular metal loops, one (1) on 10 each side of the tire, connected by not less than nine (9) evenly-spaced 11 chains across the tire tread. 12 (6) "Commercial coach." (See section 39-4301, Idaho Code) 13 (67) "Commercial driver's license" means any class A, class B or class C 14 driver's license as defined in section 49-105, Idaho Code. 15 (78) "Commercial driver license information system (CDLIS)" is the infor- 16 mation system established to serve as a clearinghouse for locating information 17 related to the licensing and identification of motor vehicle drivers. 18 (89) "Commercial driver training school" means a business enterprise con- 19 ducted by an individual, association, partnership, or corporation, for the 20 education and training of persons, either practically or theoretically, or 21 both, to operate or drive motor vehicles, and charging a consideration or 22 tuition for such services. 23 (910) "Commercial vehicle" or "commercial motor vehicle." (See "Vehicle," 24 section 49-123, Idaho Code) 25 (101) "Compliance review" means an on-site examination of motor carrier 26 operations, which may be at the carrier's place of business, including dri- 27 ver's hours of service, vehicle maintenance and inspection, driver qualifica- 28 tions, commercial driver's license requirements, financial responsibility, 29 accidents, hazardous materials, and such other related safety and transporta- 30 tion records to determine safety fitness. 31 (112) "Controlled substance" means any substance so classified under sec- 32 tion 102(6) of the controlled substances act (21 U.S.C. 802(6)), and includes 33 all substances listed on schedules I through V, of 21, CFR part 1308, as they 34 may be revised from time to time. 35 (123) "Conviction" means the person has pled guilty or has been found 36 guilty, notwithstanding the form of the judgment or withheld judgment. A con- 37 viction for purposes of this title shall also include an infraction judgment. 38 (134) "Crosswalk" means: 39 (a) That part of a highway at an intersection included within the connec- 40 tions of the lateral lines of the sidewalks on opposite sides of the high- 41 way measured from the curbs or in the absence of curbs, from the edges of 42 the traversable highway; and in the absence of a sidewalk on one side of 43 the highway, that part of a highway included within the extension of the 44 lateral lines of the existing sidewalk at right angles to the centerline. 45 (b) Any portion of a highway at an intersection or elsewhere distinctly 46 indicated for pedestrian crossing by lines or other markings on the sur- 47 face. 48 SECTION 2. That Section 49-123, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 49-123. DEFINITIONS -- V. (1) "Variable load suspension axle" means an 51 axle or axles designed to support a part of the vehicle and load and which can 52 be regulated to vary the amount of load supported by such an axle or axles and 53 which can be deployed or lifted by the operator of the vehicle. See also sec- 3 1 tion 49-117, Idaho Code. 2 (a) "Fully raised" means that the variable load suspension axle is in an 3 elevated position preventing the tires on such axle from having any con- 4 tact with the roadway. 5 (b) "Fully deployed" means that the variable load suspension axle is sup- 6 porting a portion of the weight of the loaded vehicle as controlled by the 7 preset pressure regulator valve. 8 (2) "Vehicle" means: 9 (a) General. Every device in, upon, or by which any person or property is 10 or may be transported or drawn upon a highway, excepting devices used 11 exclusively upon stationary rails or tracks. 12 (b) Authorized emergency vehicle. Vehicles operated by any fire depart- 13 ment or law enforcement agency of the state of Idaho or any political sub- 14 division of the state, ambulances, vehicles belonging to personnel of vol- 15 untary fire departments while in performance of official duties only, 16 vehicles belonging to, or operated by EMS personnel certified or otherwise 17 recognized by the EMS bureau of the Idaho department of health and welfare 18 while in the performance of emergency medical services, sheriff's search 19 and rescue vehicles which are under the immediate supervision of the 20 county sheriff, wreckers which are engaged in motor vehicle recovery oper- 21 ations and are blocking part or all of one (1) or more lanes of traffic, 22 other emergency vehicles designated by the director of the Idaho state 23 police or vehicles authorized by the Idaho transportation board and used 24 in the enforcement of laws specified in section 40-510, Idaho Code, per- 25 taining to vehicles of ten thousand (10,000) pounds or greater. 26 (c) Commercial vehicle or commercial motor vehicle. For the purposes of 27 chapters 3 and 9 of this title,(driver's licenses)and vehicle equipment, 28 a motor vehicle or combination of motor vehicles designed or used to 29 transport passengers or property if the motor vehicle: 30 1. Has a manufacturer's gross combination weight rating (GCWR) in 31 excess of twenty-six thousand (26,000) pounds inclusive of a towed 32 unit with a manufacturer's gross vehicle weight rating (GVWR) of more 33 than ten thousand (10,000) pounds; or 34 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess 35 of twenty-six thousand (26,000) pounds; or 36 3. Is designed to transport sixteen (16) or more people, including 37 the driver; or 38 4. Is of any size and is used in the transportation of materials 39 found to be hazardous for the purposes of the hazardous material 40 transportation act and which require the motor vehicle to be 41 placarded under the hazardous materials regulations (49 CFR part 172, 42 subpart F). 43 For the purposes of chapter 4, title 49, Idaho Code,(motor vehicle regis- 44 tration), a vehicle or combination of vehicles of a type used or main- 45 tained for the transportation of persons for hire, compensation or profit, 46 or the transportation of property for the owner of the vehicle, or for 47 hire, compensation, or profit, and shall include fixed load specially con- 48 structed vehicles exceeding the limits imposed by chapter 10, title 49, 49 Idaho Code, and including drilling rigs, construction, drilling and wreck- 50 er cranes, log jammers, log loaders, and similar vehicles which are nor- 51 mally operated in an overweight or oversize condition or both, but shall 52 not include those vehicles registered pursuant to sections 49-402 and 53 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor 54 vehicle used in a ridesharing arrangement that has a seating capacity for 55 not more than fifteen (15) persons, including the driver, shall not be a 4 1 "commercial vehicle" under the provisions of this title relating to equip- 2 ment requirements, rules of the road, or registration. 3 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer 4 or rancher, which are operated over public highways, and used exclusively 5 to transport unprocessed agricultural, dairy or livestock products raised, 6 owned and grown by the owner of the vehicle to market or place of storage; 7 and shall include the transportation by the farmer or rancher of any 8 equipment, supplies or products purchased by that farmer or rancher for 9 his own use, and used in the farming or ranching operation or used by a 10 farmer partly in transporting agricultural products or livestock from the 11 farm of another farmer that were originally grown or raised on the farm, 12 or when used partly in transporting agricultural supplies, equipment, 13 materials or livestock to the farm of another farmer for use or consump- 14 tion on the farm but not transported for hire, and shall not include vehi- 15 cles of husbandry or vehicles registered pursuant to sections 49-402 and 16 49-402A, Idaho Code. 17 (e) Foreign vehicle. Every vehicle of a type required to be registered 18 under the provisions of this title brought into this state from another 19 state, territory or country other than in the ordinary course of business 20 by or through a manufacturer or dealer and not registered in this state. 21 (f) Glider kit vehicle. Every large truck manufactured from a kit manu- 22 factured by a manufacturer of large trucks which consists of a frame, cab 23 complete with wiring, instruments, fenders and hood and front axles and 24 wheels. The "glider kit" is made into a complete assembly by the addition 25 of the engine, transmission, rear axles, wheels and tires. 26 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi- 27 cle which is propelled by electric power obtained from overhead trolley 28 wires but not operated upon rails, except vehicles moved solely by human 29 power, electric personal assistive mobility devices and motorized 30 wheelchairs. 31 (h) Multipurpose passenger vehicle (MPV). For the purposes of section 32 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer 33 persons which is constructed either on a truck chassis or with special 34 features for occasional off-road operation. 35 (i) Neighborhood electric vehicle (NEV). A self-propelled, electrically- 36 powered, four-wheeled motor vehicle which is emission free and conforms to 37 the definition and requirements for low-speed vehicles as adopted in the 38 federal motor vehicle safety standards for low-speed vehicles under fed- 39 eral regulations at 49 CFR part 571. An NEV shall be titled, registered 40 and insured according to law as provided respectively in chapters 4, 5 and 41 12, title 49, Idaho Code, and shall only be operated by a licensed driver. 42 Operation of an NEV on a highway shall be allowed as provided in section 43 49-663, Idaho Code. 44 (j) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho 45 Code,(motor vehicle registration), a noncommercial vehicle shall not 46 include those vehicles required to be registered under sections 49-402 and 47 49-402A, Idaho Code, and means all other vehicles or combinations of vehi- 48 cles which are not commercial vehicles or farm vehicles, but shall include 49 motor homes. A noncommercial vehicle shall include those vehicles having a 50 combined gross weight not in excess of sixty thousand (60,000) pounds and 51 not held out for hire, used for purposes related to private use and not 52 used in the furtherance of a business or occupation for compensation or 53 profit or for transporting goods for other than the owner. 54 (k) Passenger car. For the purposes of section 49-966, Idaho Code, a 55 motor vehicle, except a multipurpose passenger vehicle, motorcycle or 5 1 trailer, designed to carry ten (10) or fewer persons. 2 (l) Reconstructed or repaired vehicle. Every vehicle that has been 3 rebuilt or repaired using like make and model parts and visually appears 4 as a vehicle that was originally constructed under a distinctive manufac- 5 turer. This includes a salvage vehicle which is damaged to the extent that 6 a "reconstructed vehicle" or "repaired vehicle" brand is required, and 7 other vehicles which have been reconstructed by the use of a kit designed 8 to be used to construct an exact replica of a vehicle which was previously 9 constructed under a distinctive name, make, model or type by a generally 10 recognized manufacturer of vehicles. A glider kit vehicle is not a recon- 11 structed vehicle. 12 (m) Salvage vehicle. Any vehicle for which a salvage certificate, salvage 13 bill of sale or other documentation showing evidence that the vehicle has 14 been declared salvage or which has been damaged to the extent that the 15 owner, or an insurer, or other person acting on behalf of the owner, 16 determines that the cost of parts and labor minus the salvage value makes 17 it uneconomical to repair or rebuild. When an insurance company has paid 18 money or has made other monetary settlement as compensation for a total 19 loss of any motor vehicle, such motor vehicle shall be considered to be a 20 salvage vehicle. 21 (n) Specially constructed vehicle. Every vehicle of a type required to be 22 registered not originally constructed under a distinctive name, make, 23 model or type by a generally recognized manufacturer of vehicles and not 24 materially altered from its original construction and cannot be visually 25 identified as a vehicle produced by a particular manufacturer. This 26 includes: 27 1. A vehicle that has been structurally modified so that it does not 28 have the same appearance as a similar vehicle from the same manufac- 29 turer; or 30 2. A vehicle that has been constructed entirely from homemade parts 31 and materials not obtained from other vehicles; or 32 3. A vehicle that has been constructed by using major component 33 parts from one (1) or more manufactured vehicles and cannot be iden- 34 tified as a specific make or model; or 35 4. A vehicle constructed by the use of a custom kit that cannot be 36 visually identified as a specific make or model. 37 (o) Total loss vehicle. Every vehicle that is deemed to be uneconomical 38 to repair due to scrapping, dismantling or destruction. A total loss shall 39 occur when an insurance company or any other person pays or makes other 40 monetary settlement to the owner when it is deemed to be uneconomical to 41 repair the damaged vehicle. The compensation for total loss as defined 42 herein shall not include payments by an insurer or other person for medi- 43 cal care, bodily injury, vehicle rental or for anything other than the 44 amount paid for the actual damage to the vehicle. 45 (3) "Vehicle identification number." (See "Identifying number," section 46 49-110, Idaho Code) 47 (4) "Vehicle salesman" means any person who, for a salary, commission or 48 compensation of any kind, is employed either directly or indirectly, or regu- 49 larly or occasionally by any dealer to sell, purchase or exchange, or to nego- 50 tiate for the sale, purchase or exchange of vehicles. (See also "full-time 51 salesman," section 49-107, Idaho Code, and "part-time salesman," section 52 49-117, Idaho Code) 53 (5) "Vessel." (See section 67-7003, Idaho Code) 54 (6) "Veteran." (See section 65-502, Idaho Code) 55 (7) "Violation" means a conviction of a misdemeanor charge involving a 6 1 moving traffic violation, or an admission or judicial determination of the 2 commission of an infraction involving a moving traffic infraction, except 3 bicycle infractions. 4 SECTION 3. That Section 49-948, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 49-948. RESTRICTIONS AS TO TIRE EQUIPMENT. (1) Every solid rubber tire on 7 a vehicle shall have rubber on its entire traction surface at least one (1) 8 inch thick above the edge of the flange of the entire periphery. 9 (2) No person shall operate or move on any highway any motor vehicle, 10 trailer, or semitrailer having any metal tire in contact with the highway. 11 (3) No tire on a vehicle moved on a highway shall have on its periphery 12 any block, stud, flange, cleat, spike, or any other protuberance of any mate- 13 rial other than rubber which projects beyond the tread of the traction surface 14 of the tire, except as allowed herein. It shall be permissible to use farm 15 machinery with tires having protuberances which will not injure the highway, 16 and it shall be permissible to use tire chains. Tires with built-in lugs of 17 tungsten carbide or other suitable material, hereinafter called studs, may be 18 used upon any vehicle when required for safety because of snow, ice, or other 19 conditions tending to cause a vehicle to skid, that will not unduly damage the 20 highway. Motor vehicles, trailers and semitrailers with tires having built-in 21 studs are prohibited on public highways between the dates of May 1 and Septem- 22 ber 30, annually, except as provided in paragraphs (a), (b) and (c) of this 23 subsection: 24 (a) Fire pumper/tanker trucks and ladder trucks belonging to fire depart- 25 ments and firefighting agencies are exempt from the prohibited dates. 26 (b) A vehicle may be equipped year-round with tires that have retractable 27 studs if the studs retract pneumatically or mechanically to at or below 28 the wear bar of the tire when not in use and the retractable studs 29 protrude beyond the wear bar of the tire only between October 1 and April 30 30. Retractable studs may be made of metal or other material and are not 31 subject to the stud weight requirements of subsection (4) of this section. 32 (c) Special exemptions from the prohibited dates may be granted by the 33 Idaho transportation board if it is found by the board that enhancements 34 to public safety outweigh the increased pavement wear. 35 (4) Commercial tire retailers shall not sell studded tires with studs 36 exceeding the following weight and protrusion limitations after July 1, 2005. 37 Commercial tire retailers and tire shops shall not manually install studs 38 exceeding the following weight and protrusion limitations after July 1, 2005. 39 (a) Studs shall not protrude more than six-hundredths (.06) of an inch 40 from the surface of the tire tread when originally installed. 41 (b) Stud size shall be as recommended by the manufacturer of the tire for 42 the type and size of the tire. 43 (c) Studs shall individually weigh no more than one and one-half (1.5) 44 grams if the stud is size 14 or less. 45 (d) Studs shall individually weigh no more than two and three-tenths 46 (2.3) grams if the stud size is 15 or 16. 47 (e) Studs shall individually weigh no more than three (3) grams if the 48 stud size is 17 or larger. 49 (5) If the Idaho transportation department determines, at any time, that 50 Lookout Pass or Fourth of July Pass on interstate 90 or Lolo Pass on state 51 highway 12 is of an unsafe condition so as to require chains, as defined in 52 section 49-104, Idaho Code, in addition to pneumatic tires, the Idaho trans- 53 portation department may establish requirements for the use of chains on all 7 1 commercial vehicles as defined in section 49-123(2)(c)1. and 2., Idaho Code, 2 traveling on interstate 90 or state highway 12. If the Idaho transportation 3 department establishes that chains are so required, the Idaho transportation 4 department shall: 5 (a) Provide multiple advance notices of the chain requirement; 6 (b) Provide adequate opportunities for pull out; 7 (c) Provide notification at a point at which the commercial vehicle can 8 safely pull out of the normal flow of traffic, prior to the point at which 9 chains are required; and 10 (d) In no case post requirements for chains on bare pavement. 11 (6) Provided that the conditions in subsection (5) of this section are 12 met, the chain requirement shall be met by chaining a minimum of one (1) tire 13 on each side of: 14 (a) One (1) drive axle, regardless of the number of drive axles; and 15 (b) One (1) axle at or near the rear of each towed vehicle. Such axle 16 shall not include a variable load suspension axle or an axle of a con- 17 verter dolly. 18 (7) The Idaho transportation department shall place and maintain signs 19 and other traffic control devices on the interstate and state highway passes 20 as designated in subsection (5) of this section that indicate the chain 21 requirements under subsection (6) of this section. 22 (8) Exempt from the chaining requirements provided for in subsections (5) 23 and (6) of this section are: 24 (a) Motor vehicles operated by the Idaho transportation department when 25 used in the maintenance of the interstate or state highway system; and 26 (b) The following intrastate motor carriers, as described in section 27 67-2901B(2), Idaho Code: 28 (i) Motor vehicles employed solely in transporting school children 29 and teachers to or from school or to or from approved school activi- 30 ties, when the motor vehicle is either: 31 1. Wholly owned and operated by such school; or 32 2. Leased or contracted by such school and the motor vehicle is 33 not used in furtherance of any other commercial enterprise; 34 (ii) Motor vehicles controlled and operated by any farmer when used 35 in the transportation of the farmer's farm equipment or in the trans- 36 portation of supplies to the farmer's farm; 37 (iii) The transportation of agricultural products including fresh 38 fruits and vegetables, livestock, livestock feed or manure at any 39 time of the year; 40 (iv) Motor propelled vehicles for the sole purpose of carrying 41 United States mail or property belonging to the United States; 42 (v) Motor carriers transporting products of the forest at any time 43 of the year, including chip trucks; 44 (vi) Motor carriers transporting products of the mine including 45 sand, gravel and aggregates thereof, excepting petroleum products; 46 and 47 (vii) Vehicles properly equipped, designed and customarily used for 48 the transportation of disabled or abandoned vehicles by means of a 49 crane, hoist, tow bar, dolly or roll bed, commonly known as a 50 "wrecker truck" or "tow truck." 51 SECTION 4. An emergency existing therefor, which emergency is hereby 52 declared to exist, this act shall be in full force and effect on and after its 53 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Broadsword Seconded by Corder IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1379, As Amended 1 AMENDMENT TO SECTION 3 2 On page 7 of the engrossed bill, delete lines 31 and 32 and insert: 3 "(b) The following:". 2 Moved by Broadsword Seconded by Corder IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1379 1 AMENDMENTS TO SECTION 3 2 On page 7 of the printed bill, following line 17, insert: 3 "(7) Chains as required in subsection (6)(a) and (b) of this section mean 4 "chains" as defined in section 49-104, Idaho Code. Any other traction device 5 differing from chains in construction, material or design but capable of pro- 6 viding traction equal to or exceeding that of chains under similar conditions 7 may be used."; in line 18, delete "(7)" and insert: "(8)"; and in line 22, 8 delete "(8)" and insert: "(9)". 9 CORRECTION TO TITLE 10 On page 1, in line 6, following "CHAINS" insert: "OR CERTAIN OTHER TRAC- 11 TION DEVICE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1379, As Amended, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO TIRE EQUIPMENT RESTRICTIONS; AMENDING SECTION 49-104, IDAHO CODE, 3 TO DEFINE A TERM; AMENDING SECTION 49-123, IDAHO CODE, TO PROVIDE A CHAP- 4 TER REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-948, 5 IDAHO CODE, TO PROVIDE THE IDAHO DEPARTMENT OF TRANSPORTATION WITH THE 6 AUTHORITY TO REQUIRE CHAINS OR CERTAIN OTHER TRACTION DEVICE ON CERTAIN 7 COMMERCIAL VEHICLES ON CERTAIN PASSES, TO REQUIRE THE DEPARTMENT TO TAKE 8 CERTAIN ACTIONS WHEN REQUIRING THE CHAINS, TO PROVIDE FOR CHAINING 9 REQUIREMENTS AND TO PROVIDE FOR EXCEPTIONS; AND DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 49-104, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-104. DEFINITIONS -- C. 14 (1) "Cancellation of driver's license" means the annulment or termination 15 by formal action of the department of a person's driver's license because of 16 some error or defect in the driver's license or because the licensee is no 17 longer entitled to the driver's license. The cancellation of a driver's 18 license is without prejudice and after compliance with requirements, the indi- 19 vidual may apply for a new driver's license at any time after cancellation. 20 (2) "Caravaning" means the transportation of any motor vehicle into, out 21 of, or within the state operating on its own wheels or in tow for the purpose 22 of sale or offer of sale by any agent, dealer, manufacturer's representative, 23 purchaser, or prospective purchaser, regardless of residence unless the motor 24 vehicle is licensed by the state of Idaho, or is owned by an automobile 25 dealer, duly licensed as a dealer by this state. It shall also be considered 26 as the transportation of property for hire by a motor vehicle upon the high- 27 ways of this state. 28 (3) "Certificate of liability insurance" means a certificate of liability 29 insurance issued by an insurance company authorized to do business in this 30 state or a certificate of liability insurance issued by the department of 31 insurance which demonstrates current insurance against loss resulting from 32 liability imposed by law for bodily injury or death or damage to property suf- 33 fered by any person caused by accident and arising out of the operation, main- 34 tenance or use of a motor vehicle described in the certificate in an amount 35 not less than that required by section 49-1212, Idaho Code, and also demon- 36 strates the current existence of any other coverage required by title 41, 37 Idaho Code, or a certificate of self-insurance issued pursuant to law for each 38 motor vehicle to be registered. A certificate of liability insurance shall 39 contain the information required by the department of insurance, including the 40 name and address of the owner of the motor vehicle and a description of the 41 motor vehicle including identification number if there is one, or a statement 42 that all vehicles owned by a person or entity are covered by insurance, the 43 inception date of coverage, and the name of the insurer. "Certificate of lia- 2 1 bility insurance" may also include the original contract of liability insur- 2 ance or a true copy, demonstrating the current existence of the liability 3 insurance described above. 4 (4) "Certification of safety compliance" means that a motor carrier cer- 5 tifies as part of its registration process that it has knowledge of the fed- 6 eral regulations and rules promulgated by the Idaho transportation department 7 and the Idaho state police applicable to motor carriers. 8 (5) "Chains" means metal traction devices required pursuant to section 9 49-948, Idaho Code, which consist of two (2) circular metal loops, one (1) on 10 each side of the tire, connected by not less than nine (9) evenly-spaced 11 chains across the tire tread. 12 (6) "Commercial coach." (See section 39-4301, Idaho Code) 13 (67) "Commercial driver's license" means any class A, class B or class C 14 driver's license as defined in section 49-105, Idaho Code. 15 (78) "Commercial driver license information system (CDLIS)" is the infor- 16 mation system established to serve as a clearinghouse for locating information 17 related to the licensing and identification of motor vehicle drivers. 18 (89) "Commercial driver training school" means a business enterprise con- 19 ducted by an individual, association, partnership, or corporation, for the 20 education and training of persons, either practically or theoretically, or 21 both, to operate or drive motor vehicles, and charging a consideration or 22 tuition for such services. 23 (910) "Commercial vehicle" or "commercial motor vehicle." (See "Vehicle," 24 section 49-123, Idaho Code) 25 (101) "Compliance review" means an on-site examination of motor carrier 26 operations, which may be at the carrier's place of business, including dri- 27 ver's hours of service, vehicle maintenance and inspection, driver qualifica- 28 tions, commercial driver's license requirements, financial responsibility, 29 accidents, hazardous materials, and such other related safety and transporta- 30 tion records to determine safety fitness. 31 (112) "Controlled substance" means any substance so classified under sec- 32 tion 102(6) of the controlled substances act (21 U.S.C. 802(6)), and includes 33 all substances listed on schedules I through V, of 21, CFR part 1308, as they 34 may be revised from time to time. 35 (123) "Conviction" means the person has pled guilty or has been found 36 guilty, notwithstanding the form of the judgment or withheld judgment. A con- 37 viction for purposes of this title shall also include an infraction judgment. 38 (134) "Crosswalk" means: 39 (a) That part of a highway at an intersection included within the connec- 40 tions of the lateral lines of the sidewalks on opposite sides of the high- 41 way measured from the curbs or in the absence of curbs, from the edges of 42 the traversable highway; and in the absence of a sidewalk on one side of 43 the highway, that part of a highway included within the extension of the 44 lateral lines of the existing sidewalk at right angles to the centerline. 45 (b) Any portion of a highway at an intersection or elsewhere distinctly 46 indicated for pedestrian crossing by lines or other markings on the sur- 47 face. 48 SECTION 2. That Section 49-123, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 49-123. DEFINITIONS -- V. (1) "Variable load suspension axle" means an 51 axle or axles designed to support a part of the vehicle and load and which can 52 be regulated to vary the amount of load supported by such an axle or axles and 53 which can be deployed or lifted by the operator of the vehicle. See also sec- 3 1 tion 49-117, Idaho Code. 2 (a) "Fully raised" means that the variable load suspension axle is in an 3 elevated position preventing the tires on such axle from having any con- 4 tact with the roadway. 5 (b) "Fully deployed" means that the variable load suspension axle is sup- 6 porting a portion of the weight of the loaded vehicle as controlled by the 7 preset pressure regulator valve. 8 (2) "Vehicle" means: 9 (a) General. Every device in, upon, or by which any person or property is 10 or may be transported or drawn upon a highway, excepting devices used 11 exclusively upon stationary rails or tracks. 12 (b) Authorized emergency vehicle. Vehicles operated by any fire depart- 13 ment or law enforcement agency of the state of Idaho or any political sub- 14 division of the state, ambulances, vehicles belonging to personnel of vol- 15 untary fire departments while in performance of official duties only, 16 vehicles belonging to, or operated by EMS personnel certified or otherwise 17 recognized by the EMS bureau of the Idaho department of health and welfare 18 while in the performance of emergency medical services, sheriff's search 19 and rescue vehicles which are under the immediate supervision of the 20 county sheriff, wreckers which are engaged in motor vehicle recovery oper- 21 ations and are blocking part or all of one (1) or more lanes of traffic, 22 other emergency vehicles designated by the director of the Idaho state 23 police or vehicles authorized by the Idaho transportation board and used 24 in the enforcement of laws specified in section 40-510, Idaho Code, per- 25 taining to vehicles of ten thousand (10,000) pounds or greater. 26 (c) Commercial vehicle or commercial motor vehicle. For the purposes of 27 chapters 3 and 9 of this title,(driver's licenses)and vehicle equipment, 28 a motor vehicle or combination of motor vehicles designed or used to 29 transport passengers or property if the motor vehicle: 30 1. Has a manufacturer's gross combination weight rating (GCWR) in 31 excess of twenty-six thousand (26,000) pounds inclusive of a towed 32 unit with a manufacturer's gross vehicle weight rating (GVWR) of more 33 than ten thousand (10,000) pounds; or 34 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess 35 of twenty-six thousand (26,000) pounds; or 36 3. Is designed to transport sixteen (16) or more people, including 37 the driver; or 38 4. Is of any size and is used in the transportation of materials 39 found to be hazardous for the purposes of the hazardous material 40 transportation act and which require the motor vehicle to be 41 placarded under the hazardous materials regulations (49 CFR part 172, 42 subpart F). 43 For the purposes of chapter 4, title 49, Idaho Code,(motor vehicle regis- 44 tration), a vehicle or combination of vehicles of a type used or main- 45 tained for the transportation of persons for hire, compensation or profit, 46 or the transportation of property for the owner of the vehicle, or for 47 hire, compensation, or profit, and shall include fixed load specially con- 48 structed vehicles exceeding the limits imposed by chapter 10, title 49, 49 Idaho Code, and including drilling rigs, construction, drilling and wreck- 50 er cranes, log jammers, log loaders, and similar vehicles which are nor- 51 mally operated in an overweight or oversize condition or both, but shall 52 not include those vehicles registered pursuant to sections 49-402 and 53 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor 54 vehicle used in a ridesharing arrangement that has a seating capacity for 55 not more than fifteen (15) persons, including the driver, shall not be a 4 1 "commercial vehicle" under the provisions of this title relating to equip- 2 ment requirements, rules of the road, or registration. 3 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer 4 or rancher, which are operated over public highways, and used exclusively 5 to transport unprocessed agricultural, dairy or livestock products raised, 6 owned and grown by the owner of the vehicle to market or place of storage; 7 and shall include the transportation by the farmer or rancher of any 8 equipment, supplies or products purchased by that farmer or rancher for 9 his own use, and used in the farming or ranching operation or used by a 10 farmer partly in transporting agricultural products or livestock from the 11 farm of another farmer that were originally grown or raised on the farm, 12 or when used partly in transporting agricultural supplies, equipment, 13 materials or livestock to the farm of another farmer for use or consump- 14 tion on the farm but not transported for hire, and shall not include vehi- 15 cles of husbandry or vehicles registered pursuant to sections 49-402 and 16 49-402A, Idaho Code. 17 (e) Foreign vehicle. Every vehicle of a type required to be registered 18 under the provisions of this title brought into this state from another 19 state, territory or country other than in the ordinary course of business 20 by or through a manufacturer or dealer and not registered in this state. 21 (f) Glider kit vehicle. Every large truck manufactured from a kit manu- 22 factured by a manufacturer of large trucks which consists of a frame, cab 23 complete with wiring, instruments, fenders and hood and front axles and 24 wheels. The "glider kit" is made into a complete assembly by the addition 25 of the engine, transmission, rear axles, wheels and tires. 26 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi- 27 cle which is propelled by electric power obtained from overhead trolley 28 wires but not operated upon rails, except vehicles moved solely by human 29 power, electric personal assistive mobility devices and motorized 30 wheelchairs. 31 (h) Multipurpose passenger vehicle (MPV). For the purposes of section 32 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer 33 persons which is constructed either on a truck chassis or with special 34 features for occasional off-road operation. 35 (i) Neighborhood electric vehicle (NEV). A self-propelled, electrically- 36 powered, four-wheeled motor vehicle which is emission free and conforms to 37 the definition and requirements for low-speed vehicles as adopted in the 38 federal motor vehicle safety standards for low-speed vehicles under fed- 39 eral regulations at 49 CFR part 571. An NEV shall be titled, registered 40 and insured according to law as provided respectively in chapters 4, 5 and 41 12, title 49, Idaho Code, and shall only be operated by a licensed driver. 42 Operation of an NEV on a highway shall be allowed as provided in section 43 49-663, Idaho Code. 44 (j) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho 45 Code,(motor vehicle registration), a noncommercial vehicle shall not 46 include those vehicles required to be registered under sections 49-402 and 47 49-402A, Idaho Code, and means all other vehicles or combinations of vehi- 48 cles which are not commercial vehicles or farm vehicles, but shall include 49 motor homes. A noncommercial vehicle shall include those vehicles having a 50 combined gross weight not in excess of sixty thousand (60,000) pounds and 51 not held out for hire, used for purposes related to private use and not 52 used in the furtherance of a business or occupation for compensation or 53 profit or for transporting goods for other than the owner. 54 (k) Passenger car. For the purposes of section 49-966, Idaho Code, a 55 motor vehicle, except a multipurpose passenger vehicle, motorcycle or 5 1 trailer, designed to carry ten (10) or fewer persons. 2 (l) Reconstructed or repaired vehicle. Every vehicle that has been 3 rebuilt or repaired using like make and model parts and visually appears 4 as a vehicle that was originally constructed under a distinctive manufac- 5 turer. This includes a salvage vehicle which is damaged to the extent that 6 a "reconstructed vehicle" or "repaired vehicle" brand is required, and 7 other vehicles which have been reconstructed by the use of a kit designed 8 to be used to construct an exact replica of a vehicle which was previously 9 constructed under a distinctive name, make, model or type by a generally 10 recognized manufacturer of vehicles. A glider kit vehicle is not a recon- 11 structed vehicle. 12 (m) Salvage vehicle. Any vehicle for which a salvage certificate, salvage 13 bill of sale or other documentation showing evidence that the vehicle has 14 been declared salvage or which has been damaged to the extent that the 15 owner, or an insurer, or other person acting on behalf of the owner, 16 determines that the cost of parts and labor minus the salvage value makes 17 it uneconomical to repair or rebuild. When an insurance company has paid 18 money or has made other monetary settlement as compensation for a total 19 loss of any motor vehicle, such motor vehicle shall be considered to be a 20 salvage vehicle. 21 (n) Specially constructed vehicle. Every vehicle of a type required to be 22 registered not originally constructed under a distinctive name, make, 23 model or type by a generally recognized manufacturer of vehicles and not 24 materially altered from its original construction and cannot be visually 25 identified as a vehicle produced by a particular manufacturer. This 26 includes: 27 1. A vehicle that has been structurally modified so that it does not 28 have the same appearance as a similar vehicle from the same manufac- 29 turer; or 30 2. A vehicle that has been constructed entirely from homemade parts 31 and materials not obtained from other vehicles; or 32 3. A vehicle that has been constructed by using major component 33 parts from one (1) or more manufactured vehicles and cannot be iden- 34 tified as a specific make or model; or 35 4. A vehicle constructed by the use of a custom kit that cannot be 36 visually identified as a specific make or model. 37 (o) Total loss vehicle. Every vehicle that is deemed to be uneconomical 38 to repair due to scrapping, dismantling or destruction. A total loss shall 39 occur when an insurance company or any other person pays or makes other 40 monetary settlement to the owner when it is deemed to be uneconomical to 41 repair the damaged vehicle. The compensation for total loss as defined 42 herein shall not include payments by an insurer or other person for medi- 43 cal care, bodily injury, vehicle rental or for anything other than the 44 amount paid for the actual damage to the vehicle. 45 (3) "Vehicle identification number." (See "Identifying number," section 46 49-110, Idaho Code) 47 (4) "Vehicle salesman" means any person who, for a salary, commission or 48 compensation of any kind, is employed either directly or indirectly, or regu- 49 larly or occasionally by any dealer to sell, purchase or exchange, or to nego- 50 tiate for the sale, purchase or exchange of vehicles. (See also "full-time 51 salesman," section 49-107, Idaho Code, and "part-time salesman," section 52 49-117, Idaho Code) 53 (5) "Vessel." (See section 67-7003, Idaho Code) 54 (6) "Veteran." (See section 65-502, Idaho Code) 55 (7) "Violation" means a conviction of a misdemeanor charge involving a 6 1 moving traffic violation, or an admission or judicial determination of the 2 commission of an infraction involving a moving traffic infraction, except 3 bicycle infractions. 4 SECTION 3. That Section 49-948, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 49-948. RESTRICTIONS AS TO TIRE EQUIPMENT. (1) Every solid rubber tire on 7 a vehicle shall have rubber on its entire traction surface at least one (1) 8 inch thick above the edge of the flange of the entire periphery. 9 (2) No person shall operate or move on any highway any motor vehicle, 10 trailer, or semitrailer having any metal tire in contact with the highway. 11 (3) No tire on a vehicle moved on a highway shall have on its periphery 12 any block, stud, flange, cleat, spike, or any other protuberance of any mate- 13 rial other than rubber which projects beyond the tread of the traction surface 14 of the tire, except as allowed herein. It shall be permissible to use farm 15 machinery with tires having protuberances which will not injure the highway, 16 and it shall be permissible to use tire chains. Tires with built-in lugs of 17 tungsten carbide or other suitable material, hereinafter called studs, may be 18 used upon any vehicle when required for safety because of snow, ice, or other 19 conditions tending to cause a vehicle to skid, that will not unduly damage the 20 highway. Motor vehicles, trailers and semitrailers with tires having built-in 21 studs are prohibited on public highways between the dates of May 1 and Septem- 22 ber 30, annually, except as provided in paragraphs (a), (b) and (c) of this 23 subsection: 24 (a) Fire pumper/tanker trucks and ladder trucks belonging to fire depart- 25 ments and firefighting agencies are exempt from the prohibited dates. 26 (b) A vehicle may be equipped year-round with tires that have retractable 27 studs if the studs retract pneumatically or mechanically to at or below 28 the wear bar of the tire when not in use and the retractable studs 29 protrude beyond the wear bar of the tire only between October 1 and April 30 30. Retractable studs may be made of metal or other material and are not 31 subject to the stud weight requirements of subsection (4) of this section. 32 (c) Special exemptions from the prohibited dates may be granted by the 33 Idaho transportation board if it is found by the board that enhancements 34 to public safety outweigh the increased pavement wear. 35 (4) Commercial tire retailers shall not sell studded tires with studs 36 exceeding the following weight and protrusion limitations after July 1, 2005. 37 Commercial tire retailers and tire shops shall not manually install studs 38 exceeding the following weight and protrusion limitations after July 1, 2005. 39 (a) Studs shall not protrude more than six-hundredths (.06) of an inch 40 from the surface of the tire tread when originally installed. 41 (b) Stud size shall be as recommended by the manufacturer of the tire for 42 the type and size of the tire. 43 (c) Studs shall individually weigh no more than one and one-half (1.5) 44 grams if the stud is size 14 or less. 45 (d) Studs shall individually weigh no more than two and three-tenths 46 (2.3) grams if the stud size is 15 or 16. 47 (e) Studs shall individually weigh no more than three (3) grams if the 48 stud size is 17 or larger. 49 (5) If the Idaho transportation department determines, at any time, that 50 Lookout Pass or Fourth of July Pass on interstate 90 or Lolo Pass on state 51 highway 12 is of an unsafe condition so as to require chains, as defined in 52 section 49-104, Idaho Code, in addition to pneumatic tires, the Idaho trans- 53 portation department may establish requirements for the use of chains on all 7 1 commercial vehicles as defined in section 49-123(2)(c)1. and 2., Idaho Code, 2 traveling on interstate 90 or state highway 12. If the Idaho transportation 3 department establishes that chains are so required, the Idaho transportation 4 department shall: 5 (a) Provide multiple advance notices of the chain requirement; 6 (b) Provide adequate opportunities for pull out; 7 (c) Provide notification at a point at which the commercial vehicle can 8 safely pull out of the normal flow of traffic, prior to the point at which 9 chains are required; and 10 (d) In no case post requirements for chains on bare pavement. 11 (6) Provided that the conditions in subsection (5) of this section are 12 met, the chain requirement shall be met by chaining a minimum of one (1) tire 13 on each side of: 14 (a) One (1) drive axle, regardless of the number of drive axles; and 15 (b) One (1) axle at or near the rear of each towed vehicle. Such axle 16 shall not include a variable load suspension axle or an axle of a con- 17 verter dolly. 18 (7) Chains as required in subsection (6)(a) and (b) of this section mean 19 "chains" as defined in section 49-104, Idaho Code. Any other traction device 20 differing from chains in construction, material or design but capable of pro- 21 viding traction equal to or exceeding that of chains under similar conditions 22 may be used. 23 (8) The Idaho transportation department shall place and maintain signs 24 and other traffic control devices on the interstate and state highway passes 25 as designated in subsection (5) of this section that indicate the chain 26 requirements under subsection (6) of this section. 27 (9) Exempt from the chaining requirements provided for in subsections (5) 28 and (6) of this section are: 29 (a) Motor vehicles operated by the Idaho transportation department when 30 used in the maintenance of the interstate or state highway system; and 31 (b) The following: 32 (i) Motor vehicles employed solely in transporting school children 33 and teachers to or from school or to or from approved school activi- 34 ties, when the motor vehicle is either: 35 1. Wholly owned and operated by such school; or 36 2. Leased or contracted by such school and the motor vehicle is 37 not used in furtherance of any other commercial enterprise; 38 (ii) Motor vehicles controlled and operated by any farmer when used 39 in the transportation of the farmer's farm equipment or in the trans- 40 portation of supplies to the farmer's farm; 41 (iii) The transportation of agricultural products including fresh 42 fruits and vegetables, livestock, livestock feed or manure at any 43 time of the year; 44 (iv) Motor propelled vehicles for the sole purpose of carrying 45 United States mail or property belonging to the United States; 46 (v) Motor carriers transporting products of the forest at any time 47 of the year, including chip trucks; 48 (vi) Motor carriers transporting products of the mine including 49 sand, gravel and aggregates thereof, excepting petroleum products; 50 and 51 (vii) Vehicles properly equipped, designed and customarily used for 52 the transportation of disabled or abandoned vehicles by means of a 53 crane, hoist, tow bar, dolly or roll bed, commonly known as a 54 "wrecker truck" or "tow truck." 8 1 SECTION 4. An emergency existing therefor, which emergency is hereby 2 declared to exist, this act shall be in full force and effect on and after its 3 passage and approval. 9 IN THE SENATE SENATE BILL NO. 1379, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO TIRE EQUIPMENT RESTRICTIONS; AMENDING SECTION 49-104, IDAHO CODE, 3 TO DEFINE A TERM; AMENDING SECTION 49-123, IDAHO CODE, TO PROVIDE A CHAP- 4 TER REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-948, 5 IDAHO CODE, TO PROVIDE THE IDAHO DEPARTMENT OF TRANSPORTATION WITH THE 6 AUTHORITY TO REQUIRE CHAINS OR CERTAIN OTHER TRACTION DEVICE ON CERTAIN 7 COMMERCIAL VEHICLES ON CERTAIN PASSES, TO REQUIRE THE DEPARTMENT TO TAKE 8 CERTAIN ACTIONS WHEN REQUIRING THE CHAINS, TO PROVIDE FOR CHAINING 9 REQUIREMENTS AND TO PROVIDE FOR EXCEPTIONS; AND DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 5. That Section 49-104, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-104. DEFINITIONS -- C. 14 (1) "Cancellation of driver's license" means the annulment or termination 15 by formal action of the department of a person's driver's license because of 16 some error or defect in the driver's license or because the licensee is no 17 longer entitled to the driver's license. The cancellation of a driver's 18 license is without prejudice and after compliance with requirements, the indi- 19 vidual may apply for a new driver's license at any time after cancellation. 20 (2) "Caravaning" means the transportation of any motor vehicle into, out 21 of, or within the state operating on its own wheels or in tow for the purpose 22 of sale or offer of sale by any agent, dealer, manufacturer's representative, 23 purchaser, or prospective purchaser, regardless of residence unless the motor 24 vehicle is licensed by the state of Idaho, or is owned by an automobile 25 dealer, duly licensed as a dealer by this state. It shall also be considered 26 as the transportation of property for hire by a motor vehicle upon the high- 27 ways of this state. 28 (3) "Certificate of liability insurance" means a certificate of liability 29 insurance issued by an insurance company authorized to do business in this 30 state or a certificate of liability insurance issued by the department of 31 insurance which demonstrates current insurance against loss resulting from 32 liability imposed by law for bodily injury or death or damage to property suf- 33 fered by any person caused by accident and arising out of the operation, main- 34 tenance or use of a motor vehicle described in the certificate in an amount 35 not less than that required by section 49-1212, Idaho Code, and also demon- 36 strates the current existence of any other coverage required by title 41, 37 Idaho Code, or a certificate of self-insurance issued pursuant to law for each 38 motor vehicle to be registered. A certificate of liability insurance shall 39 contain the information required by the department of insurance, including the 40 name and address of the owner of the motor vehicle and a description of the 41 motor vehicle including identification number if there is one, or a statement 42 that all vehicles owned by a person or entity are covered by insurance, the 43 inception date of coverage, and the name of the insurer. "Certificate of lia- 44 bility insurance" may also include the original contract of liability insur- 45 ance or a true copy, demonstrating the current existence of the liability 46 insurance described above. 10 1 (4) "Certification of safety compliance" means that a motor carrier cer- 2 tifies as part of its registration process that it has knowledge of the fed- 3 eral regulations and rules promulgated by the Idaho transportation department 4 and the Idaho state police applicable to motor carriers. 5 (5) "Chains" means metal traction devices required pursuant to section 6 49-948, Idaho Code, which consist of two (2) circular metal loops, one (1) on 7 each side of the tire, connected by not less than nine (9) evenly-spaced 8 chains across the tire tread. 9 (6) "Commercial coach." (See section 39-4301, Idaho Code) 10 (67) "Commercial driver's license" means any class A, class B or class C 11 driver's license as defined in section 49-105, Idaho Code. 12 (78) "Commercial driver license information system (CDLIS)" is the infor- 13 mation system established to serve as a clearinghouse for locating information 14 related to the licensing and identification of motor vehicle drivers. 15 (89) "Commercial driver training school" means a business enterprise con- 16 ducted by an individual, association, partnership, or corporation, for the 17 education and training of persons, either practically or theoretically, or 18 both, to operate or drive motor vehicles, and charging a consideration or 19 tuition for such services. 20 (910) "Commercial vehicle" or "commercial motor vehicle." (See "Vehicle," 21 section 49-123, Idaho Code) 22 (101) "Compliance review" means an on-site examination of motor carrier 23 operations, which may be at the carrier's place of business, including dri- 24 ver's hours of service, vehicle maintenance and inspection, driver qualifica- 25 tions, commercial driver's license requirements, financial responsibility, 26 accidents, hazardous materials, and such other related safety and transporta- 27 tion records to determine safety fitness. 28 (112) "Controlled substance" means any substance so classified under sec- 29 tion 102(6) of the controlled substances act (21 U.S.C. 802(6)), and includes 30 all substances listed on schedules I through V, of 21, CFR part 1308, as they 31 may be revised from time to time. 32 (123) "Conviction" means the person has pled guilty or has been found 33 guilty, notwithstanding the form of the judgment or withheld judgment. A con- 34 viction for purposes of this title shall also include an infraction judgment. 35 (134) "Crosswalk" means: 36 (a) That part of a highway at an intersection included within the connec- 37 tions of the lateral lines of the sidewalks on opposite sides of the high- 38 way measured from the curbs or in the absence of curbs, from the edges of 39 the traversable highway; and in the absence of a sidewalk on one side of 40 the highway, that part of a highway included within the extension of the 41 lateral lines of the existing sidewalk at right angles to the centerline. 42 (b) Any portion of a highway at an intersection or elsewhere distinctly 43 indicated for pedestrian crossing by lines or other markings on the sur- 44 face. 45 SECTION 6. That Section 49-123, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 49-123. DEFINITIONS -- V. (1) "Variable load suspension axle" means an 48 axle or axles designed to support a part of the vehicle and load and which can 49 be regulated to vary the amount of load supported by such an axle or axles and 50 which can be deployed or lifted by the operator of the vehicle. See also sec- 51 tion 49-117, Idaho Code. 52 (a) "Fully raised" means that the variable load suspension axle is in an 53 elevated position preventing the tires on such axle from having any con- 11 1 tact with the roadway. 2 (b) "Fully deployed" means that the variable load suspension axle is sup- 3 porting a portion of the weight of the loaded vehicle as controlled by the 4 preset pressure regulator valve. 5 (2) "Vehicle" means: 6 (a) General. Every device in, upon, or by which any person or property is 7 or may be transported or drawn upon a highway, excepting devices used 8 exclusively upon stationary rails or tracks. 9 (b) Authorized emergency vehicle. Vehicles operated by any fire depart- 10 ment or law enforcement agency of the state of Idaho or any political sub- 11 division of the state, ambulances, vehicles belonging to personnel of vol- 12 untary fire departments while in performance of official duties only, 13 vehicles belonging to, or operated by EMS personnel certified or otherwise 14 recognized by the EMS bureau of the Idaho department of health and welfare 15 while in the performance of emergency medical services, sheriff's search 16 and rescue vehicles which are under the immediate supervision of the 17 county sheriff, wreckers which are engaged in motor vehicle recovery oper- 18 ations and are blocking part or all of one (1) or more lanes of traffic, 19 other emergency vehicles designated by the director of the Idaho state 20 police or vehicles authorized by the Idaho transportation board and used 21 in the enforcement of laws specified in section 40-510, Idaho Code, per- 22 taining to vehicles of ten thousand (10,000) pounds or greater. 23 (c) Commercial vehicle or commercial motor vehicle. For the purposes of 24 chapters 3 and 9 of this title,(driver's licenses)and vehicle equipment, 25 a motor vehicle or combination of motor vehicles designed or used to 26 transport passengers or property if the motor vehicle: 27 1. Has a manufacturer's gross combination weight rating (GCWR) in 28 excess of twenty-six thousand (26,000) pounds inclusive of a towed 29 unit with a manufacturer's gross vehicle weight rating (GVWR) of more 30 than ten thousand (10,000) pounds; or 31 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess 32 of twenty-six thousand (26,000) pounds; or 33 3. Is designed to transport sixteen (16) or more people, including 34 the driver; or 35 4. Is of any size and is used in the transportation of materials 36 found to be hazardous for the purposes of the hazardous material 37 transportation act and which require the motor vehicle to be 38 placarded under the hazardous materials regulations (49 CFR part 172, 39 subpart F). 40 For the purposes of chapter 4, title 49, Idaho Code,(motor vehicle regis- 41 tration), a vehicle or combination of vehicles of a type used or main- 42 tained for the transportation of persons for hire, compensation or profit, 43 or the transportation of property for the owner of the vehicle, or for 44 hire, compensation, or profit, and shall include fixed load specially con- 45 structed vehicles exceeding the limits imposed by chapter 10, title 49, 46 Idaho Code, and including drilling rigs, construction, drilling and wreck- 47 er cranes, log jammers, log loaders, and similar vehicles which are nor- 48 mally operated in an overweight or oversize condition or both, but shall 49 not include those vehicles registered pursuant to sections 49-402 and 50 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor 51 vehicle used in a ridesharing arrangement that has a seating capacity for 52 not more than fifteen (15) persons, including the driver, shall not be a 53 "commercial vehicle" under the provisions of this title relating to equip- 54 ment requirements, rules of the road, or registration. 55 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer 12 1 or rancher, which are operated over public highways, and used exclusively 2 to transport unprocessed agricultural, dairy or livestock products raised, 3 owned and grown by the owner of the vehicle to market or place of storage; 4 and shall include the transportation by the farmer or rancher of any 5 equipment, supplies or products purchased by that farmer or rancher for 6 his own use, and used in the farming or ranching operation or used by a 7 farmer partly in transporting agricultural products or livestock from the 8 farm of another farmer that were originally grown or raised on the farm, 9 or when used partly in transporting agricultural supplies, equipment, 10 materials or livestock to the farm of another farmer for use or consump- 11 tion on the farm but not transported for hire, and shall not include vehi- 12 cles of husbandry or vehicles registered pursuant to sections 49-402 and 13 49-402A, Idaho Code. 14 (e) Foreign vehicle. Every vehicle of a type required to be registered 15 under the provisions of this title brought into this state from another 16 state, territory or country other than in the ordinary course of business 17 by or through a manufacturer or dealer and not registered in this state. 18 (f) Glider kit vehicle. Every large truck manufactured from a kit manu- 19 factured by a manufacturer of large trucks which consists of a frame, cab 20 complete with wiring, instruments, fenders and hood and front axles and 21 wheels. The "glider kit" is made into a complete assembly by the addition 22 of the engine, transmission, rear axles, wheels and tires. 23 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi- 24 cle which is propelled by electric power obtained from overhead trolley 25 wires but not operated upon rails, except vehicles moved solely by human 26 power, electric personal assistive mobility devices and motorized 27 wheelchairs. 28 (h) Multipurpose passenger vehicle (MPV). For the purposes of section 29 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer 30 persons which is constructed either on a truck chassis or with special 31 features for occasional off-road operation. 32 (i) Neighborhood electric vehicle (NEV). A self-propelled, electrically- 33 powered, four-wheeled motor vehicle which is emission free and conforms to 34 the definition and requirements for low-speed vehicles as adopted in the 35 federal motor vehicle safety standards for low-speed vehicles under fed- 36 eral regulations at 49 CFR part 571. An NEV shall be titled, registered 37 and insured according to law as provided respectively in chapters 4, 5 and 38 12, title 49, Idaho Code, and shall only be operated by a licensed driver. 39 Operation of an NEV on a highway shall be allowed as provided in section 40 49-663, Idaho Code. 41 (j) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho 42 Code,(motor vehicle registration), a noncommercial vehicle shall not 43 include those vehicles required to be registered under sections 49-402 and 44 49-402A, Idaho Code, and means all other vehicles or combinations of vehi- 45 cles which are not commercial vehicles or farm vehicles, but shall include 46 motor homes. A noncommercial vehicle shall include those vehicles having a 47 combined gross weight not in excess of sixty thousand (60,000) pounds and 48 not held out for hire, used for purposes related to private use and not 49 used in the furtherance of a business or occupation for compensation or 50 profit or for transporting goods for other than the owner. 51 (k) Passenger car. For the purposes of section 49-966, Idaho Code, a 52 motor vehicle, except a multipurpose passenger vehicle, motorcycle or 53 trailer, designed to carry ten (10) or fewer persons. 54 (l) Reconstructed or repaired vehicle. Every vehicle that has been 55 rebuilt or repaired using like make and model parts and visually appears 13 1 as a vehicle that was originally constructed under a distinctive manufac- 2 turer. This includes a salvage vehicle which is damaged to the extent that 3 a "reconstructed vehicle" or "repaired vehicle" brand is required, and 4 other vehicles which have been reconstructed by the use of a kit designed 5 to be used to construct an exact replica of a vehicle which was previously 6 constructed under a distinctive name, make, model or type by a generally 7 recognized manufacturer of vehicles. A glider kit vehicle is not a recon- 8 structed vehicle. 9 (m) Salvage vehicle. Any vehicle for which a salvage certificate, salvage 10 bill of sale or other documentation showing evidence that the vehicle has 11 been declared salvage or which has been damaged to the extent that the 12 owner, or an insurer, or other person acting on behalf of the owner, 13 determines that the cost of parts and labor minus the salvage value makes 14 it uneconomical to repair or rebuild. When an insurance company has paid 15 money or has made other monetary settlement as compensation for a total 16 loss of any motor vehicle, such motor vehicle shall be considered to be a 17 salvage vehicle. 18 (n) Specially constructed vehicle. Every vehicle of a type required to be 19 registered not originally constructed under a distinctive name, make, 20 model or type by a generally recognized manufacturer of vehicles and not 21 materially altered from its original construction and cannot be visually 22 identified as a vehicle produced by a particular manufacturer. This 23 includes: 24 1. A vehicle that has been structurally modified so that it does not 25 have the same appearance as a similar vehicle from the same manufac- 26 turer; or 27 2. A vehicle that has been constructed entirely from homemade parts 28 and materials not obtained from other vehicles; or 29 3. A vehicle that has been constructed by using major component 30 parts from one (1) or more manufactured vehicles and cannot be iden- 31 tified as a specific make or model; or 32 4. A vehicle constructed by the use of a custom kit that cannot be 33 visually identified as a specific make or model. 34 (o) Total loss vehicle. Every vehicle that is deemed to be uneconomical 35 to repair due to scrapping, dismantling or destruction. A total loss shall 36 occur when an insurance company or any other person pays or makes other 37 monetary settlement to the owner when it is deemed to be uneconomical to 38 repair the damaged vehicle. The compensation for total loss as defined 39 herein shall not include payments by an insurer or other person for medi- 40 cal care, bodily injury, vehicle rental or for anything other than the 41 amount paid for the actual damage to the vehicle. 42 (3) "Vehicle identification number." (See "Identifying number," section 43 49-110, Idaho Code) 44 (4) "Vehicle salesman" means any person who, for a salary, commission or 45 compensation of any kind, is employed either directly or indirectly, or regu- 46 larly or occasionally by any dealer to sell, purchase or exchange, or to nego- 47 tiate for the sale, purchase or exchange of vehicles. (See also "full-time 48 salesman," section 49-107, Idaho Code, and "part-time salesman," section 49 49-117, Idaho Code) 50 (5) "Vessel." (See section 67-7003, Idaho Code) 51 (6) "Veteran." (See section 65-502, Idaho Code) 52 (7) "Violation" means a conviction of a misdemeanor charge involving a 53 moving traffic violation, or an admission or judicial determination of the 54 commission of an infraction involving a moving traffic infraction, except 55 bicycle infractions. 14 1 SECTION 7. That Section 49-948, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 49-948. RESTRICTIONS AS TO TIRE EQUIPMENT. (1) Every solid rubber tire on 4 a vehicle shall have rubber on its entire traction surface at least one (1) 5 inch thick above the edge of the flange of the entire periphery. 6 (2) No person shall operate or move on any highway any motor vehicle, 7 trailer, or semitrailer having any metal tire in contact with the highway. 8 (3) No tire on a vehicle moved on a highway shall have on its periphery 9 any block, stud, flange, cleat, spike, or any other protuberance of any mate- 10 rial other than rubber which projects beyond the tread of the traction surface 11 of the tire, except as allowed herein. It shall be permissible to use farm 12 machinery with tires having protuberances which will not injure the highway, 13 and it shall be permissible to use tire chains. Tires with built-in lugs of 14 tungsten carbide or other suitable material, hereinafter called studs, may be 15 used upon any vehicle when required for safety because of snow, ice, or other 16 conditions tending to cause a vehicle to skid, that will not unduly damage the 17 highway. Motor vehicles, trailers and semitrailers with tires having built-in 18 studs are prohibited on public highways between the dates of May 1 and Septem- 19 ber 30, annually, except as provided in paragraphs (a), (b) and (c) of this 20 subsection: 21 (a) Fire pumper/tanker trucks and ladder trucks belonging to fire depart- 22 ments and firefighting agencies are exempt from the prohibited dates. 23 (b) A vehicle may be equipped year-round with tires that have retractable 24 studs if the studs retract pneumatically or mechanically to at or below 25 the wear bar of the tire when not in use and the retractable studs 26 protrude beyond the wear bar of the tire only between October 1 and April 27 30. Retractable studs may be made of metal or other material and are not 28 subject to the stud weight requirements of subsection (4) of this section. 29 (c) Special exemptions from the prohibited dates may be granted by the 30 Idaho transportation board if it is found by the board that enhancements 31 to public safety outweigh the increased pavement wear. 32 (4) Commercial tire retailers shall not sell studded tires with studs 33 exceeding the following weight and protrusion limitations after July 1, 2005. 34 Commercial tire retailers and tire shops shall not manually install studs 35 exceeding the following weight and protrusion limitations after July 1, 2005. 36 (a) Studs shall not protrude more than six-hundredths (.06) of an inch 37 from the surface of the tire tread when originally installed. 38 (b) Stud size shall be as recommended by the manufacturer of the tire for 39 the type and size of the tire. 40 (c) Studs shall individually weigh no more than one and one-half (1.5) 41 grams if the stud is size 14 or less. 42 (d) Studs shall individually weigh no more than two and three-tenths 43 (2.3) grams if the stud size is 15 or 16. 44 (e) Studs shall individually weigh no more than three (3) grams if the 45 stud size is 17 or larger. 46 (5) If the Idaho transportation department determines, at any time, that 47 Lookout Pass or Fourth of July Pass on interstate 90 or Lolo Pass on state 48 highway 12 is of an unsafe condition so as to require chains, as defined in 49 section 49-104, Idaho Code, in addition to pneumatic tires, the Idaho trans- 50 portation department may establish requirements for the use of chains on all 51 commercial vehicles as defined in section 49-123(2)(c)1. and 2., Idaho Code, 52 traveling on interstate 90 or state highway 12. If the Idaho transportation 53 department establishes that chains are so required, the Idaho transportation 54 department shall: 15 1 (a) Provide multiple advance notices of the chain requirement; 2 (b) Provide adequate opportunities for pull out; 3 (c) Provide notification at a point at which the commercial vehicle can 4 safely pull out of the normal flow of traffic, prior to the point at which 5 chains are required; and 6 (d) In no case post requirements for chains on bare pavement. 7 (6) Provided that the conditions in subsection (5) of this section are 8 met, the chain requirement shall be met by chaining a minimum of one (1) tire 9 on each side of: 10 (a) One (1) drive axle, regardless of the number of drive axles; and 11 (b) One (1) axle at or near the rear of each towed vehicle. Such axle 12 shall not include a variable load suspension axle or an axle of a con- 13 verter dolly. 14 (7) Chains as required in subsection (6)(a) and (b) of this section mean 15 "chains" as defined in section 49-104, Idaho Code. Any other traction device 16 differing from chains in construction, material or design but capable of pro- 17 viding traction equal to or exceeding that of chains under similar conditions 18 may be used. 19 (8) The Idaho transportation department shall place and maintain signs 20 and other traffic control devices on the interstate and state highway passes 21 as designated in subsection (5) of this section that indicate the chain 22 requirements under subsection (6) of this section. 23 (9) Exempt from the chaining requirements provided for in subsections (5) 24 and (6) of this section are: 25 (a) Motor vehicles operated by the Idaho transportation department when 26 used in the maintenance of the interstate or state highway system; and 27 (b) The following intrastate motor carriers, as described in section 28 67-2901B(2), Idaho Code: 29 (i) Motor vehicles employed solely in transporting school children 30 and teachers to or from school or to or from approved school activi- 31 ties, when the motor vehicle is either: 32 1. Wholly owned and operated by such school; or 33 2. Leased or contracted by such school and the motor vehicle is 34 not used in furtherance of any other commercial enterprise; 35 (ii) Motor vehicles controlled and operated by any farmer when used 36 in the transportation of the farmer's farm equipment or in the trans- 37 portation of supplies to the farmer's farm; 38 (iii) The transportation of agricultural products including fresh 39 fruits and vegetables, livestock, livestock feed or manure at any 40 time of the year; 41 (iv) Motor propelled vehicles for the sole purpose of carrying 42 United States mail or property belonging to the United States; 43 (v) Motor carriers transporting products of the forest at any time 44 of the year, including chip trucks; 45 (vi) Motor carriers transporting products of the mine including 46 sand, gravel and aggregates thereof, excepting petroleum products; 47 and 48 (vii) Vehicles properly equipped, designed and customarily used for 49 the transportation of disabled or abandoned vehicles by means of a 50 crane, hoist, tow bar, dolly or roll bed, commonly known as a 51 "wrecker truck" or "tow truck." 52 SECTION 8. An emergency existing therefor, which emergency is hereby 53 declared to exist, this act shall be in full force and effect on and after its 54 passage and approval.
STATEMENT OF PURPOSE
RS 17617C1
This proposed legislation would allow Idaho State Police, in
conjunction with the Idaho Transportation Department and local
law enforcement agencies, the authority to post signs and require
chains or traction devices on certain commercial vehicles. They
may provide advance notice if they determine, at any time, that
Lookout Pass or Fourth of July Pass on Interstate 90, or Lolo
Pass on State Highway 12 are of an unsafe condition and that
chains be required. These narrow mountain passes with no
alternative routes can become hazardous, resulting in slide-offs
and jack-knifed trucks. The trucks block the highway and
interfere with the safe passage of other motorists and commerce
while costing the state and local authorities money and manpower
to clean up the mess. Idaho's neighboring states require
interstate trucks to chain up when the weather makes roads
unsafe. These vehicles carry chains to meet the requirements in
other states.
FISCAL IMPACT
ITD estimates the cost of signs to be $6,000.00. Cost to the
State for every four hour lane closure accident: ISP man hours
only $1,037.00, ITD equipment and man hours $1,600.00. Costs to
other drivers are estimated at an average of $38,884.00.
Contact
Name: Senator Joyce Broadsword
Phone: 208-332-1000
Rep. Mary Lou Shepherd
Rep. Frank Henderson
Sen. Jim Hammond
Sen. Lee Heinrich
Captain Clark Rollins, ISP
Sheriff Chuck Reynalds, Shoshone County
Commissioner Jack Buell, Benewah County
STATEMENT OF PURPOSE/FISCAL NOTE S 1379
REVISED REVISED REVISED REVISED REVISED REVISED