§ 70.001  DEFINITIONS.
   For the purpose of this traffic code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any term not defined in this section or elsewhere in this code shall have the meaning assigned to it by I.C.A. § 321.1, except where the context clearly indicates a different meaning.
   ALLEY. A thoroughfare laid out, established and platted as such, by constituted authority.
   AUTHORIZED EMERGENCY. Vehicles of the Fire Department; police vehicles, ambulances and emergency vehicles owned by the United States, the state or any subdivision of the state or any municipality therein; and privately-owned ambulances and fire, rescue or disaster vehicles as are designated or authorized by the state’s Director of Transportation, under I.C.A. § 321.451.
   BUSINESS DISTRICT. The territory contiguous to and including a highway when buildings in use for business occupy 50% or more of the frontage thereon for a distance of 300 feet or more.
   CAR or AUTOMOBILE. A motor vehicle designed primarily for carrying nine passengers or less, excluding motorcycles and motorized bicycles.
   CHAUFFEUR. A person who operates a motor vehicle, including a school bus, in the transportation of persons for wages, compensation or hire, or a person who operates a truck tractor, road tractor or a motor truck that has a gross vehicle weight rating exceeding 16,000 pounds. A person is not a CHAUFFEUR when the operation of the motor vehicle, other than a truck tractor, by the owner or operator is occasional and merely incidental to the owner’s or operator’s principal business. A person is not a CHAUFFEUR when the operation is by a volunteer firefighter operating fire apparatus, or is by a volunteer ambulance or rescue squad attendant operating ambulance or rescue squad apparatus. If a volunteer firefighter or ambulance or rescue squad operator receives nominal compensation not based upon the value of the services performed, the firefighter or operator shall be considered to be receiving no compensation and classified as a volunteer. If authorized to transport inmates, probationers, parolees or work releasees by the Director of the state’s Department of Corrections or the Director’s designee, an employee of the state’s Department of Corrections or a District Department of Correctional Services is not a CHAUFFEUR when transporting the inmates, probationers, parolees or work releasees. A farmer or the farmer’s hired help is not a CHAUFFEUR when operating a truck, other than a truck tractor, owned by the farmer and used exclusively in connection with the transportation of the farmer’s own products or property. If authorized to transport patients or clients by the Director of the Department of Human Services or the Director’s designee, an employee of the Department of Human Services is not a CHAUFFEUR when transporting the patients or clients in an automobile. A person is not a CHAUFFEUR when the operation is by a home care aide in the course of the home care aide’s duties. If authorized to transport students or clients by the Superintendent of the state’s Braille and Sight Saving School or of the State School for the Deaf, or the Superintendent’s respective designee, an employee of the state’s Braille and Sight Saving School or the State School for the Deaf is not a CHAUFFEUR when transporting the students or clients.
   COMBINATION or COMBINATION OF VEHICLES. A group consisting of two or more motor vehicles, or a group consisting of a motor vehicle and one or more trailers, semi-trailers or vehicles, which are coupled or fastened together for the purpose of being moved on the highways as a unit.
   CROSSWALK. The portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
   DEALER. Every person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered under this chapter and who has an established place of business for such purpose in the state.
   DRIVER. Every person who drives or is in actual physical control of a vehicle.
   ESSENTIAL PARTS. All integral and body parts of a vehicle of a type required to be registered under this chapter, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation.
   ESTABLISHED PLACE OF BUSINESS. The place actually occupied either continuously or at regular periods by a dealer or manufacturer where his or her books and records are kept and a large share of the dealer’s or manufacturer’s business is transacted.
   EXPLOSIVE. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that on ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb.
   FARM TRACTOR. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
   FLAMMABLE LIQUID. Any liquid which has a flashpoint of 70°F or less, as determined by a Tagliabue or equivalent closed cup test device.
   FOREIGN VEHICLE. Every vehicle of a type required to be registered by law brought into the state from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in the state.
   FRONTAGE.
      (1)   FRONTAGE occupied by the building means the linear measure of the plot of ground upon which the building is located abutting upon the highway.
      (2)   FRONTAGE on such highway for a distance of 300 feet or more means the total frontage on both sides of the highway for such distance.
   GARAGE. Every place of business where motor vehicles are received for housing, storage or repair for compensation.
   GROSS WEIGHT. The empty weight of a vehicle, plus the maximum load to be carried thereon. The maximum load to be carried by a passenger-carrying vehicle shall be determined by multiplying 150 pounds by the number of passenger seats carried by such vehicle.
   INTERSECTION. The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
   LANED HIGHWAY. A highway, the roadway of which is divided into three or more clearly marked lanes for vehicular traffic.
   MANUFACTURER.
      (1)   Every person engaged in the business of fabricating or assembling vehicles of a type required to be registered.
      (2)   It does not include a person who converts, modifies or alters a completed motor vehicle manufactured by another person.
      (3)   It includes a person who uses a completed motor vehicle manufactured by another person to construct a Class B motor home, as defined in I.C.A. § 321.124.
   METAL TIRE. Every tire, the surface of which in contact with the highway is wholly or partly of metal or other hard, non-resilient material.
   MOTOR TRUCK. Every motor vehicle designed primarily for carrying livestock, merchandise, freight of any kind or over nine persons as passengers.
   MOTOR VEHICLE. Every vehicle which is self-propelled, but not including vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
   MOTORCYCLE. Every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground including a motor scooter, but excluding a tractor.
   MOTORIZED BICYCLE or MOTOR BICYCLE. A motor vehicle having a saddle or a seat for the use of a rider and designed to travel on not more than three wheels in contact with the ground, with an engine having a displacement no greater than 50 cubic centimeters and not capable of operating at a speed in excess of 25 mph on level ground unassisted by human power.
   NON-RESIDENT. Every person who is not a resident of the state.
   OFFICIAL TRAFFIC CONTROL DEVICES. All signs, signals, markings and devices not inconsistent with ordinance or law placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
   OFFICIAL TRAFFIC CONTROL SIGNAL. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
   OPERATOR. Every person who is in actual physical control of a motor vehicle upon a highway.
   OWNER. A person who holds the legal title of a vehicle, or if a vehicle is the subject of a security agreement with an immediate right of possession vested in the debtor, such debtor shall be deemed the OWNER for the purpose of this chapter.
   PEACE OFFICER. Every officer authorized to direct or regulate traffic or to make arrests for violation of traffic regulations in addition to its meaning in I.C.A. § 801.4.
   PEDESTRIAN. Any person afoot.
   PNEUMATIC TIRE. Every tire in which compressed air is designed to support the load.
   PRIVATE ROAD OR DRIVEWAY. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
   RAILROAD. A carrier of persons or property upon cars, operated upon stationary rails.
   RAILROAD SIGN OR SIGNAL. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
   RAILROAD TRAIN. An engine or locomotive, with or without cars coupled thereto, operated upon rails.
   RECONSTRUCTED VEHICLE. Every vehicle of a type required to be registered by law materially altered from its original construction by the removal, addition or substitution of essential parts, new or used.
   RESIDENCE DISTRICT. The territory within the city contiguous to and including a highway, not comprising a business, suburban or school district, where 40% or more of the frontage on such highway for a distance of 300 feet or more is occupied by dwellings or by dwellings and buildings in use for business.
   RIGHT-OF-WAY. The privilege of the immediate use of the highway.
   ROAD TRACTOR. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
   ROADWAY. The portion of a highway improved, designed or ordinarily used for vehicular travel.
   SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
   SCHOOL BUS. Every vehicle operated for the transportation of children to or from school, except vehicles that are:
      (1)   Privately owned and not operated for compensation;
      (2)   Used exclusively in the transportation of the children in the immediate family of the driver;
      (3)   Operated by a municipally or privately owned urban transit company for the transportation of children as part of or in addition to their regularly scheduled service; or
      (4)   Designed to carry not more than nine persons as passengers, either school owned or privately owned, which is used to transport pupils to activity events in which the pupils are participants or used to transport pupils to their homes in case of illness or other emergency situations. The vehicles operated under the provisions of this division (4) shall be operated by employees of the school district who are specifically approved by the Local Superintendent of Schools for the assignment.
   SCHOOL DISTRICT. The territory contiguous to and including a highway for a distance of 200 feet in either direction from a schoolhouse.
   SIDEWALK. The portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
   SOLID TIRE. Every tire of rubber or other resilient material that does not depend upon compressed air for the support of the load.
   SPECIAL MOBILE EQUIPMENT. Every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including road construction or maintenance machinery and ditch-digging apparatus. This description does not exclude other vehicles that are within the general terms of this definition.
   SPECIALLY CONSTRUCTED VEHICLE. Every vehicle of a type required to be registered under state law not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction.
   STREET or HIGHWAY. The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.
   SUBURBAN DISTRICT. The portion of the city not within a business, school or residence district.
   THROUGH HIGHWAY or THRU HIGHWAY. Every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the highway and when stop signs are erected as provided by ordinance or such entrances are controlled by a police officer or traffic control signal. The term ARTERIAL shall be synonymous with the term THROUGH or THRU when applied to highways of the state.
   TRAFFIC. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel.
   TRAILER.
      (1)   Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle.
      (2)   Whenever the term TRAILER is used in this chapter, it shall be construed to include the term SEMI-TRAILER.
   TRANSPORTER. A person engaged in the business of delivering vehicles of a type required to be registered or titled in the state who has received authority to make delivery as specified by rules adopted by the state’s Department of Transportation.
   TRUCK TRACTOR. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
   VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway. Where a VEHICLE is kept refers to the county of residence of the owner or to the county where the VEHICLE is mainly kept if such owner is a non-resident of the state. The term VEHICLE does not include the following:
      (1)   Any device moved by human power;
      (2)   Any device used exclusively upon stationary rails or tracks;
      (3)   Any steering axle, dolly or other integral part of another vehicle, which in and of itself is incapable of commercially transporting any person or property, but is used primarily to support another vehicle; and
      (4)   Any integral part of a truck tractor or road tractor which is mounted on the frame of the truck tractor or road tractor immediately behind the cab and which may be used to transport persons and property, but which cannot be drawn upon the highway by the truck tractor or another motor vehicle.
(2013 Code, § 20-1)  (Ord. 68, passed 8-14-1950; Ord. 10904, passed 5-11-1996)
Statutory reference:
   Similar provisions, see I.C.A. § 321.1