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ITD advances topics for consideration in 2005 Legislature

The search for missing aircraft would become the responsibility of the Idaho Air National Guard, chain-up would become mandatory when winter conditions warrant and authority would be given to increase the maximum speed on the Idaho’s non-interstate highways.

All three changes could be implemented if the Idaho Transportation Department’s list of potential legislation advances to the 2005 Legislature and is subsequently approved. ITD has approved a list of possible actions for consideration by lawmakers in the 58th annual session that begins in January.

One proposal would transfer search and rescue authority for missing aircraft and aviators from ITD to the Adjutant General of the Idaho Air National Guard. The Guard already conducts air searches under the auspices of ITD’s Division of Aeronautics.

Idaho law limits the maximum speed ITD can post on any non-interstate highway at 65 miles per hour, even if traffic could safely travel at higher speeds. The proposed legislation would allow ITD the discretion to increase speeds to 75 mph on sections of the non-interstate system that meet established standards.

ITD would have the authority to require, rather than recommend, the use of traction devices during severe winter conditions if another proposal is approved. That also would make Idaho’s law consistent with statutes in all of Idaho’s adjoining states, except Utah.

Proposed 2005 legislation

Improving Safety
Consistant seat belt violation costs
Mandatory chain-up
Booster seat law: This legislation would require that children who have outgrown child safety seats be restrained in belt-positioning booster seats through 6 years of age.

Federal Motor Carrier Safety Improvement Act (MCSIA): This legislation will implement federally mandated provisions of the MCSIA requiring state compliance by Sept. 30, 2005, regarding the state commercial drivers license program.

Highway quick clearance law: This legislation would require motorists (and allow transportation/enforcement personnel) to move vehicles or cargo from an Idaho interstate following minor accidents and free them from any liability for doing so in order to quickly restore traffic flow.

Program Efficiency
Maximum speed limit – state highways
Transfer of search and rescue authority
Disposition of surplus ITD property: This legislation would allow local government entities to acquire surplus ITD property for other than transportation purposes, at a negotiated price, up to the appraised value, expressly for public purposes.

Port of Entry “cleanup” legislation: This legislation would clarify those vehicles required to stop at ports of entry; provide consistent penalties for commercial vehicles that fail to register; clarify that weight penalties apply to vehicles that fail to register or exceed registered weight; legalize dromedary tractor/trailers up to 75 feet when transporting munitions for the Department of Defense; and modify vehicle overhang restrictions.

Acceptance of electronically signed bid bonds: This legislation would more clearly define the requirements of an electronically signed bid bond and to allow for acceptance of an electronically signed bid bond when submitted in conjunction with an electronically submitted bid.

Definition of aeronautics terms: This legislation would establish a uniform definition of the term ‘airport’ and commonly used related terms to provide consistency with the federal definition as required in Idaho Code.

Definition of airport hazards: This legislation would revise the definition of an ‘airport hazard’ and related language to provide consistency between state determinations of hazards and federal determinations for uniform enforcement.

Uniform bidding process: This legislation would establish a unified bidding procedure for competitive bidding on public highway projects for all public highway agencies whenever work is let by contract.

Election signs/posters in the state highway rights-of-way: This legislation would clarify that election signs and posters are illegal within the rights-of-way of the state and federal highway systems, including interstate highways.

Work zone definitions: This proposed legislation removes the term “construction danger zone” and replaces it with “work zone.” It also provides for a fixed penalty that is double the fixed penalty established for speeding traffic infractions under Idaho Code. Replacing the term will bring the signing into conformity with the Manual on Uniform Traffic Control Devices (MUTCD) and standards of the Idaho Transportation Department.

Innovative Financing
GARVEE (Grant Anticipation Revenue Vehicle) bonding: This legislation would allow the Idaho Transportation Board to use Idaho’s apportioned federal-aid highway funds as a debt-financing instrument known as a “GARVEE” bond to finance eligible highway projects.