970804.docx

MEMORANDUM
TO:RON LAW
FROM:BRAD PURDY
DATE:AUGUST 4, 1997
RE:EXEMPTIONS OF CERTAIN MOTOR ACTIVITIES FROM COMMISSION REGULATION PURSUANT TO IDAHO CODE § 61-801(K).
At your request I have analyzed Idaho Code § 61-801(k) pertaining to specific exempt activities of motor carriers not regulated by the Commission.  Specifically, subsection 7 pertains to the transportation of persons and/or property including mobile and manufactured homes.  
In my opinion, this statute exempts from Commission regulation motor carriers who transport persons and/or any property including mobile and manufactured homes with wheels and undercarriage as part of the substructure operating within a municipality or territory contiguous to such municipality if the motor carriers business in said contiguous area is a part of the service maintained within the city limits.  If the motor carrier is transporting passengers and operating outside of the city limits then it is exempt from Commission jurisdiction and regulation only so long as its operations outside the city limits are part of the service that maintains within the city and if passengers are not required to pay an additional fare for transportation outside the city limits.
Brad Purdy
cm\M:law.bp2