49-426. EXEMPTIONS FROM OPERATING FEES. The provisions of this chapter with respect to operating fees shall not apply to:

(1) Motor vehicles owned or leased by the United States, the state, a city, a county, any department thereof, any political subdivision or municipal corporation of the state, any taxing district of the state, any state registered nonprofit subscription fire protection unit, or any organization, whether incorporated or unincorporated, organized for the operation, maintenance, or management of an irrigation project or irrigation works or system or for the purpose of furnishing water to its members or shareholders, but in other respects shall be applicable.

(2) Farm tractors, implements of husbandry, those manufactured homes which qualify for an exemption under the provisions of section 49-422, Idaho Code, road rollers, wheel mounted tar buckets, portable concrete and/or mortar mixers, wheel mounted compressors, tow dollies, portable toilet trailers, street sweepers, other construction equipment, forestry equipment, lawn and grounds equipment and similar devices as determined by the department which are temporarily operated or moved upon the highways need not be registered under the provisions of this chapter, nor shall implements of husbandry be considered towed units under registration of vehicle combinations as defined in section 49-108(2), Idaho Code. In addition, self-propelled wheelchairs, three-wheeled bicycles, wheelchair conveyances, golf carts, lawn mowers, and scooters operated by persons who by reason of physical disability are otherwise unable to move about as pedestrians shall be exempt from registration requirements under the provisions of this chapter. Motorcycles, motorbikes, utility type vehicles and all-terrain vehicles need not be licensed under the provisions of this chapter or numbered pursuant to the provisions of section 67-7122, Idaho Code, if they are being used exclusively in connection with agricultural, horticultural, dairy and livestock growing and feeding operations or used exclusively for snow removal purposes. Travel upon the public highways shall be limited to travel between farm or ranch locations. Motorcycles, motorbikes, utility type vehicles and all-terrain vehicles used for this purpose shall meet the emblem requirements of section 49-619, Idaho Code.

(3) Any political subdivision of the state of Idaho may, but only after sufficient public notice is given and a public hearing held, adopt local ordinances or resolutions designating highways or sections of highways under its jurisdiction which are closed to all-terrain vehicles, utility type vehicles, specialty off-highway vehicles and motorbikes licensed pursuant to this chapter and numbered pursuant to section 67-7122, Idaho Code. The operation of licensed and numbered all-terrain vehicles, utility type vehicles and motorbikes and those vehicles exempt from licensing and numbering pursuant to subsection (2) of this section shall not be permitted on controlled access highways, except as provided in subsection (4) of this section. The requirements of title 18 and chapters 2, 3, 6, 8, 12, 13 and 14, title 49, Idaho Code, shall apply to the operation of any all-terrain vehicle, utility type vehicle or motorbike upon highways. Costs related to the posting of signs on highways or sections of highways that are closed to such vehicles, indicating the ordinance, are eligible for reimbursement through the motorbike recreation account created in section 67-7126, Idaho Code.

(4) The Idaho transportation board may designate sections of state highways upon which all-terrain vehicles, utility type vehicles, specialty off-highway vehicles and motorbikes may travel. All-terrain vehicles, utility type vehicles, specialty off-highway vehicles and motorbikes shall be permitted to cross a non-full access-controlled highway at a public road intersection. All-terrain vehicles, utility type vehicles, specialty off-highway vehicles and motorbikes shall be permitted to travel upon that portion of any non-full access-controlled state highway with a speed limit of forty-five (45) miles per hour or less lying within and extending one (1) mile beyond the boundaries of a municipality unless restricted by the Idaho transportation board or closed as provided in subsection (3) of this section. The requirements of title 18 and chapters 2, 3, 6, 8, 12, 13 and 14, title 49, Idaho Code, shall apply to the operation of all-terrain vehicles, utility type vehicles, specialty off-highway vehicles and motorbikes when upon state highways.

(5) All-terrain vehicles, utility type vehicles, specialty off-highway vehicles and motorbikes may be used on highways located on state lands or federal lands which are not part of the highway system of the state of Idaho, provided the numbering requirements of section 67-7122, Idaho Code, are met.

History:

[49-426, added 1988, ch. 265, sec. 88, p. 619; am. 1989, ch. 310, sec. 16, p. 791; am. 1992, ch. 35, sec. 17, p. 120; am. 1992, ch. 238, sec. 2, p. 709; am. 1992, ch. 268, sec. 2, p. 829; am. 1998, ch. 104, sec. 1, p. 361; am. 1998, ch. 272, sec. 1, p. 902; am. 1999, ch. 170, sec. 2, p. 460; am. 2000, ch. 315, sec. 3, p. 1062; am. 2005, ch. 70, sec. 2, p. 245; am. 2008, ch. 409, sec. 4, p. 1130; am. 2009, ch. 157, sec. 8, p. 468; am. 2012, ch. 86, sec. 1, p. 243; am. 2014, ch. 338, sec. 1, p. 838; am. 2015, ch. 180, sec. 1, p. 582; am. 2016, ch. 237, sec. 1, p. 632.]