49-901. DUTIES OF DEPARTMENT AND DIRECTOR OF IDAHO STATE POLICE. (1) The director shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other lamps on snow removal equipment when operated on the highways in lieu of the lamps otherwise required on vehicles by this title. Standards and specifications may permit the use of flashing lights for purposes of identification on snow removal equipment when in service upon the highways.

(2) The director may adopt standards and specifications applicable to lighting equipment on and special warning devices to be carried by school buses supplemental to but consistent with the provisions of section 49-914, Idaho Code. Standards and specifications shall correlate with and so far as possible conform to specifications then current as approved by the society of automotive engineers.

(3) The director is authorized to approve or disapprove lighting devices and to issue and enforce rules establishing standards and specifications for the approval of lighting devices, their installation, adjustment, and aiming, and adjustment when in use on motor vehicles. Regulations shall correlate with and, so far as practicable, conform to the then current standards and specifications of the society of automotive engineers applicable to that equipment.

(4) The director shall approve or disapprove any lighting device, of a type on which approval is specifically required in this title, within a reasonable time after the device has been submitted. He is authorized to set up the procedure which shall be followed when any device is submitted for approval, and upon approving any lamp or device shall issue to the applicant a certificate of approval together with any instructions determined by him. The department shall publish lists of all lamps and devices by name and type which have been approved. Any person desiring approval of a device shall notify the director in writing of the person’s intention and shall submit the device for testing and approval as directed by the director. The director shall not approve a lighting device on any motorcycle or motor-driven cycle that does not have a self-recovery lighting system such as a generator or alternator to replace the power supply.

(5) The director shall approve and disapprove warning lighting devices on emergency and police vehicles and establish standards and specifications for emergency warning lighting devices.

(6) When the department has reason to believe that an approved device as being sold commercially does not comply with the requirements of this title, the director may, after giving thirty (30) days’ previous notice to the person holding the certificate of approval for the device in this state, conduct a hearing upon the question of compliance of the approved device. After the hearing he shall determine whether the approved device meets the requirements of this title. If the device does not meet the requirements of this title, he shall give notice to the person holding the certificate of approval for the device in this state.

If at the expiration of ninety (90) days after the notice, the person holding the certificate of approval for the device has failed to satisfy the department that the approved device as thereafter to be sold meets the requirements of this title, the director shall suspend or revoke the approval issued until or unless the device is resubmitted to and retested by an approved testing agency and found to meet the requirements of this title, and may require that all the devices sold since the notification following the hearing be replaced with devices that do comply with the requirements of this title. The department may at the time of the retest, purchase in the open market and submit to the testing agency one or more sets of the approved devices, and if the device upon retest fails to meet the requirements of this title, the director may refuse to renew the certificate of approval of the device.

(7) The director shall adopt and enforce safety requirements, rules and specifications applicable to air conditioning equipment which shall correlate with and, so far as possible, conform to the current recommended practice or standard applicable to air conditioning equipment approved by the society of automotive engineers.

(8) The director in cooperation with the state board of education shall adopt and enforce rules not inconsistent with this title to govern the design and operation of all school buses when owned and operated by any school district or privately owned and operated under contract with any school district in the state, and these rules shall by reference be made a part of any contract with a school district. Every school district, its officers and employees, and every person employed under contract by a school district shall be subject to these rules.

History:

[49-901, added 1988, ch. 265, sec. 226, p. 687; am. 2000, ch. 469, sec. 116, p. 1577.]