proposd.docx

IDAPA 31— IDAHO PUBLIC UTILITIES COMMISSION
31.61.01—THE MOTOR CARRIER RULES
DOCKET NO. 31-6101-9901
NOTICE OF REPEAL AND TRANSFER OF RULES
EFFECTIVE DATE: On July 1, 1999, the Public Utilities Commission’s statutory authority over motor carriers and its authority to promulgate rules pertaining to motor carriers will expire.
AUTHORITY: In compliance with House Bill 335, as amended (1999 Sess. Laws ch. 383), notice is hereby given that the regulation of motor carriers formerly vested in the Public Utilities Commission is being transferred to the Idaho Transportation Department and the Idaho Department of Law Enforcement.
DESCRIPTIVE SUMMARY: The following is a summary for the reasons for the repeal and transfer of rules:
On March 26, 1999, the Governor signed into law House Bill 335, as amended (1999 Sess.  Laws ch. 383).  In essence, the bill transfers regulatory authority over motor carriers operating within the state of Idaho from the Idaho Public Utilities Commission to the Idaho Transportation Department (ITD) and the Idaho Department of Law Enforcement (DLE), respectively.  Section 13 of the bill repeals the Idaho Motor Carrier Act found at Sections 61-801 through 61-818, Idaho Code.  Consequently, the Commission’s Motor Carrier Rules found at IDAPA 31.61.01—except those rules transferred to ITD—are repealed effective July 1, 1999.
To facilitate the transfer of regulatory functions, certain rules shall be transferred to ITD.  As set out in the table below, the following rules shall remain effective and are being transferred to the ITD (IDAPA 39) effective July 1, 1999:
Commission Rule No.
Name of Rule
ITD Rule No.
31.61.01.005.02
31.61.01.005.03
31.61.01.005.05
31.61.01.005.10
31.61.01.021
31.61.01.022
Definition of Common Carrier
Definition of Contract Carrier
Definition of Interstate Carrier
Definition of Private Carrier
Insurance Requirements
Certificates of Insurance
39.02.80.010.01
39.02.80.010.02
39.02.80.010.03
39.02.80.010.04
39.02.80.020
39.02.80.021
Any Motor Carrier Rule not transferred is repealed on July 1, 1999.  Please see the ITD and DLE Notices contained in this Bulletin.
ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning the repeal and transfer of rules, contact Donald L. Howell, II, Deputy Attorney General, at [phone].
DATED at Boise, Idaho this    21st  day of April 1999.

Myrna J. Walters, Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
[phone]
[phone] (FAX)
vld/N:61019901.dh