Idaho Code § 49-933 — Idaho Code / Title 49 / Chapter 9 / Section 49-933
49-933 BRAKES.
Status: in_force

49-933. Brakes. (1) Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels. If the two (2) separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one (1) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.

(2) Every motorcycle and every motor-driven cycle, when operated upon a highway, shall be equipped with at least one (1) brake, which may be operated by hand or foot.

(3) Every trailer or semitrailer of an unladen weight of one thousand five hundred (1,500) pounds or more when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle and be designed to be applied by the driver of the towing motor vehicle from its cab. The brakes shall be designed and so connected that in case of an accidental breakaway of the towed vehicle, the brakes shall be automatically applied.

(4) Every new motor vehicle, trailer, or semitrailer sold in this state and operated upon the highways shall be equipped with service brakes upon all wheels of the vehicle, except that any motorcycle or motor-driven cycle, trucks and truck tractors having three (3) or more axles need not have brakes on the front wheels. Vehicles equipped with at least two (2) steerable axles need not be equipped with brakes on the wheels of one (1) axle, and any trailer or semitrailer of less than one thousand five hundred (1,500) pounds unladen weight need not be equipped with brakes. Every farm trailer while being used hauling agricultural products from farm to storage, marketing or processing plant, or returning therefrom, and used within a radius of fifty (50) miles, shall be exempt from these braking requirements.

(5) One (1) of the means of brake operation shall consist of a mechanical connection from the operating lever, or by equivalent means to the brake shoes or bands, and this brake shall be capable of holding the vehicle, or combination of vehicles, stationary under any condition of loading on any upgrade or downgrade upon which it is operated.

(6) Brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.

(7) Every motor vehicle or combination of vehicles, at all times and under all conditions of loading, shall, upon application of the service (foot) brake, be capable of decelerating and developing a braking force equivalent to minimum required deceleration, and stopping within the requirements set forth in this subsection:

Equivalent breaking force in Stopping Deceleration percentage of distance in feet vehicle or in feet per second combination weight Passenger vehicles, not including buses 25 17 53.0% Single-unit vehicles with a manufacturer's gross vehicle weight rating of less than 10,000 pounds 30 14 43.5% Single-unit, 2-axle vehicles with a manufacturer's gross vehicle weight rating of 10,000 or more pounds 40 14 43.5% All other vehicles and combinations with a manufacturer's gross vehicle weight rating of 10,000 or more pounds 50 14 43.5%

Compliance with these standards shall be determined either by actual road tests conducted on a substantially level, not to exceed a plus or minus one per cent (1%) grade, dry, smooth, hard-surfaced road that is free from loose material, with stopping distances measured from the actual instant braking controls are moved and from an initial speed of twenty (20) miles per hour; or else by suitable mechanical tests in a testing lane which recreates the same conditions; or by a combination of both methods.

(8) All brakes shall be maintained in good working order and shall be adjusted to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

History:

[49-933, added 1988, ch. 265, sec. 257, p. 704; am. 2015, ch. 208, sec. 7, p. 644.]
Idaho Code § 49-303 — Idaho Code / Title 49 / Chapter 3 / Section 49-303
49-303 WHICH PERSONS SHALL NOT BE LICENSED.
Status: in_force

49-303. which persons shall not be licensed. The department shall not issue any driver's license, any instruction permit, privileges, or right to drive and, if issued, shall revoke or cancel the driver's license of a person who:

(1) As an operator of a vehicle requiring a class D driver's license, is under the age of seventeen (17) years, except that the department may issue a driver's license to any person who has successfully completed an approved driver's training course, who has completed the requirements of a class D supervised instruction permit, and who is at least fifteen (15) years of age, with driving privileges restricted to daylight hours only pursuant to section 49-307(10), Idaho Code, and with full privileges at sixteen (16) years of age. If a person who is at least fifteen (15) years but is under seventeen (17) years of age has successfully completed an approved driver's training course and has been issued a driver's license in another state, he may be issued a class D driver's license in this state. Provided however, that a restricted school attendance driving permit may be issued to those persons meeting the criteria set forth in section 49-307A, Idaho Code.

(2) As an operator of a vehicle requiring a class D driver's license, is under the age of seventeen (17) years and has not successfully completed an approved driver's training course and has not satisfied the requirements of a class D supervised instruction permit. Provided however, that a restricted school attendance driving permit may be issued to those persons meeting the criteria set forth in section 49-307A, Idaho Code.

(3) As an operator of a commercial vehicle requiring a class A, B or C driver's license, is under the age of eighteen (18) years.

(4) Applicants with less than one (1) year of driving experience, as evidenced by a previous driver's license, shall not be issued a class A, B or C driver's license or a class A, B or C instruction permit.

(5) As a driver, has had his license, class D instruction permit, restricted school attendance driving permit, privileges or right to drive suspended for the duration of the suspension, nor to any person who has had his class D driver's training instruction permit or class D supervised instruction permit canceled for the duration of the cancellation, nor to any person whose license has been revoked, suspended, canceled or disqualified by this state or any other jurisdiction; provided however, where a driver's license has been revoked, suspended, canceled or disqualified in any other jurisdiction, and the driver has completed the period of revocation, suspension, cancellation or disqualification as specified by the jurisdiction, that person may be granted a class D driver's license in this state if five (5) years have elapsed from the time of eligibility for reinstatement in the other jurisdiction, even though the driver has not fulfilled the requirements for reinstatement in the other jurisdiction. Notwithstanding the provisions of this section, a person who has had his noncommercial Idaho driver's license suspended may renew his driver's license as provided in section 49-319, Idaho Code, which renewal shall be subject to the suspension.

(6) Has been adjudged by a court of competent jurisdiction to be a habitual drunkard or addicted to the use of narcotic drugs and such order has been received by the department.

(7) Has been adjudged by a licensed physician or by a court of competent jurisdiction to be afflicted with or suffering from any mental incompetence that would affect the person's ability to safely operate a motor vehicle and who has not at the time of application been restored to competency by the methods provided by law and such order has been received by the department.

(8) Is required by the provisions of this chapter to take an examination, unless that person shall have successfully passed such examination.

(9) May be required under any law of this state to furnish proof of financial responsibility and who has not furnished that proof.

(10) The department has good cause to believe that the operation of a motor vehicle on the highways by that person would be harmful to public safety or welfare.

(11) Is disqualified for a class A, B or C driver's license, except he may be issued a class D driver's license.

(12) Is under eighteen (18) years of age, is not enrolled in school, and has not received a waiver pursuant to or has not satisfactorily completed school as provided in section 49-303A, Idaho Code.

(13) Is not a resident of the state of Idaho.

(14) Is not lawfully present in the United States.

History:

[49-303, added 1988, ch. 265, sec. 37, p. 590; am. 1989, ch. 88, sec. 16, p. 172; am. 1989, ch. 426, sec. 1, p. 1054; am. 1990, ch. 45, sec. 16, p. 93; am. 1991, ch. 89, sec. 3, p. 200; am. 1992, ch. 115, sec. 8, p. 359; am. 1996, ch. 348, sec. 1, p. 1159; am. 1996, ch. 371, sec. 6, p. 1254; am. 1998, ch. 110, sec. 13, p. 394; am. 2000, ch. 214, sec. 4, p. 587; am. 2001, ch. 168, sec. 1, p. 580; am. 2002, ch. 235, sec. 2, p. 697; am. 2003, ch. 47, sec. 2, p. 177; am. 2007, ch. 110, sec. 1, p. 316; am. 2008, ch. 63, sec. 1, p. 155; am. 2008, ch. 194, sec. 3, p. 611; am. 2022, ch. 118, sec. 1, p. 426; am. 2023, ch. 17, sec. 2, p. 125; am. 2024, ch. 33, sec. 3, p. 233; am. 2024, ch. 40, sec. 1, p. 244.]
Idaho Code § 49-313 — Idaho Code / Title 49 / Chapter 3 / Section 49-313
49-313 EXAMINATION OF APPLICANTS.
Status: in_force

49-313. Examination of applicants. (1) The sheriff, his deputy or authorized agents of the department shall examine every applicant for an instruction permit, commercial learner's permit, restricted school attendance driving permit, seasonal driver's license, driver's license or a motorcycle endorsement, except as otherwise provided by law. The examination shall include a vision screening and a test of the applicant's ability to read and understand highway signs regulating, warning, and directing traffic. A skills test shall be required for an applicant who has not been previously licensed for the class of license requested, or who holds a license issued by another country unless a reciprocal agreement is in force. However, a skills test may be required for any and all other applicants at the discretion of the examiner or department for a class A, B, C or D driver's license or a motorcycle endorsement. In addition, the applicant's knowledge of traffic laws of this state and when a motorcycle endorsement is applied for, the applicant's knowledge of safe motorcycle operating practices and traffic laws specifically relating to motorcycle operation shall be tested by a written examination, except as provided in section 49-319, Idaho Code. At the discretion of the examiner, the prescribed written examination may be conducted orally.

(2) The knowledge and skills examinations for applicants for driver's licenses in class A, B or C shall be conducted in compliance with 49 CFR part 383.

(3) The skills test for a class A, B, C or D driver's license or for any endorsement shall be given by the department or its authorized agents. The skills examiner for a motorcycle endorsement shall be certified by the division of career technical education.

(4) The department shall not issue the following endorsements except as provided:

(a) A tank, double/triple trailer, or hazardous material endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge test.

(b) A passenger endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge and skills test.

(c) A school bus endorsement unless the applicant, in addition to all other applicable qualifications, has passed appropriate knowledge and skills tests. Until September 30, 2005, the department may waive the school bus endorsement skills test requirement if the applicant meets the conditions set forth in accordance with 49 CFR part 383.123.

(5) Any person failing to pass a knowledge or skills test for a class A, B, C or D driver's license, or a knowledge test for a seasonal driver's license, or any endorsement may not retake the test within three (3) calendar days of the failure.

(6) Any person retaking a knowledge or skills test for a driver's license shall pay the appropriate testing fee as specified in section 49-306, Idaho Code.

(7) The motorcycle skills test for a motorcycle endorsement shall be waived by the department:

(a) On and after September 1, 1998, if the applicant presents satisfactory evidence of successful completion of a recognized motorcycle rider training course approved by the division of career technical education;

(b) On and after September 1, 1998, if the applicant presents evidence of a motorcycle endorsement on his current license by a state or province which requires a motorcycle skills test equivalent to that required by Idaho law as determined by the division of career technical education;

(c) Until September 1, 1998.

(8) At the discretion of the department, an alternate skills test for the motorcycle endorsement may be administered when the endorsement is for operation of a three-wheeled motorcycle only.

(9) The department or its authorized agents may refuse to give an applicant a skills test if there are reasonable grounds to believe that the safety of the applicant, public, or the examiner would be jeopardized by doing so. Reasonable grounds would include, but not be limited to, the applicant's inability to pass the vision screening, written tests, or a statement by a licensed physician stating the applicant is not physically able to drive a motor vehicle.

(10) The department or its authorized agents may deny issuance or renewal of a driver's license or endorsement to any applicant who does not meet the licensing requirements for the class of driver's license or endorsement being renewed or issued.

(11) Skills examinations for seasonal driver's licenses shall be waived.

History:

[49-313, added 1988, ch. 265, sec. 47, p. 595; am. 1989, ch. 88, sec. 25, p. 177; am. 1990, ch. 45, sec. 19, p. 95; am. 1991, ch. 89, sec. 5, p. 202; am. 1993, ch. 300, sec. 4, p. 1112; am. 1994, ch. 234, sec. 8, p. 740; am. 1995, ch. 339, sec. 3, p. 1124; am. 1996, ch. 371, sec. 9, p. 1260; am. 1997, ch. 357, sec. 2, p. 1056; am. 1998, ch. 110, sec. 19, p. 402; am. 2000, ch. 214, sec. 10, p. 598; am. 2002, ch. 235, sec. 6, p. 704; am. 2005, ch. 352, sec. 6, p. 1104; am. 2009, ch. 30, sec. 8, p. 85; am. 2012, ch. 32, sec. 1, p. 96; am. 2014, ch. 92, sec. 3, p. 252; am. 2015, ch. 54, sec. 7, p. 141; am. 2016, ch. 25, sec. 41, p. 57.]
Idaho Code § 49-2401 — Idaho Code / Title 49 / Chapter 24 / Section 49-2401
49-2401 MANUFACTURERS OR DISTRIBUTORS — FINANCING AGREEMENTS INVOLVING RETAIL SALES PROHIBITED.
Status: in_force

49-2401. Manufacturers or distributors — Financing agreements involving retail sales prohibited. It shall be unlawful for any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles to sell or enter into a contract to sell motor vehicles, whether patented or unpatented, to any person who is engaged or intends to engage in the business of selling those motor vehicles at retail in this state, on the condition or with an agreement or understanding, either express or implied, that a person engaged in selling motor vehicles at retail shall in any manner finance the purchase or sale of any one or a number of motor vehicles only with or through a designated person or class of persons, or shall sell and assign the conditional sales contracts, chattel mortgages or leases arising from the sale of motor vehicles or any one or a number of motor vehicles only to a designated person or class of persons, when the effect of the condition, agreement or understanding entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the person or class of persons who are designated by virtue of that condition, agreement, or understanding to finance the purchase or sale of motor vehicles, or to purchase conditional sales contracts, chattel mortgages or leases.

Any such condition, agreement or understanding is hereby declared to be void and against the public policy of this state.

History:

[49-2401, added 1988, ch. 265, sec. 467, p. 820.]
Idaho Code § 49-417C — Idaho Code / Title 49 / Chapter 4 / Section 49-417C
49-417C FAMOUS POTATOES LICENSE PLATES.
Status: in_force

49-417C. Famous potatoes license plates. (1) On and after January 1, 2001, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special famous potatoes license plates in lieu of regular license plates. Availability of famous potatoes license plates for other vehicles shall be subject to the rules, policies and procedures of the department.

(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the Idaho potato commission created in chapter 12, title 22, Idaho Code, and shall be used exclusively for the purposes described in subsection (17) of section 22-1207, Idaho Code.

(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.

(4) The famous potatoes license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The distinguishing feature of the license plate shall be a representation of a prepared Idaho potato with a melting pat of butter. The design and any slogan on the plate shall be acceptable to the Idaho potato commission and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho potato commission.

(5) Sample famous potatoes license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho potato commission. No additional fee shall be charged for personalizing sample plates.

History:

[49-417C, added 2000, ch. 193, sec. 2, p. 478; am. 2004, ch. 188, sec. 6, p. 587.]
Idaho Code § 49-307 — Idaho Code / Title 49 / Chapter 3 / Section 49-307
49-307 CLASS D DRIVER'S TRAINING INSTRUCTION PERMIT — CLASS D SUPERVISED INSTRUCTION PERMIT — APPLICATION FOR A CLASS D DRIVER'S LICENSE — RESTRICTIONS ON CLASS D DRIVER'S LICENSE.
Status: in_force

49-307. Class D driver's training instruction permit — Class D supervised instruction permit — Application for a class D driver's license — Restrictions on class D driver's license. (1) No enrollee of any class D driver's training course shall be allowed to attend classes or participate in driving instruction unless he has obtained a class D driver's training instruction permit or a class D instruction permit as provided in subsection (4) of this section.

(2) Every enrollee of a class D driver's training course shall pay a nonrefundable fee of fifteen dollars ($15.00), except that a pupil who participates in parent-student on-road driver's training pursuant to subsection (6) of this section shall pay a nonrefundable fee of ten dollars ($10.00). Five dollars ($5.00) of each fee so imposed shall be deposited in the state highway account and five dollars ($5.00) shall be deposited in the county current expense fund. The additional five dollars ($5.00) for every class D driver's training course enrollee shall be:

(a) Deposited in the driver training account if the person is taking driver's training from a public school; or

(b) Paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund if the person is taking driver's training from a private driver's training program. The amount to be remitted to the division of occupational and professional licenses shall be annually calculated and paid. To calculate such amount, the total number of public driver's training students as submitted to the state department of education shall be subtracted from the total number of permits sold as reported by the Idaho transportation department, and the resulting number shall be multiplied by five dollars ($5.00).

(3) Each enrollee of a class D driver's training course shall provide the type of information required for a driver's license or instruction permit. If an enrollee of a class D driver's training course cannot provide a certified copy of his birth certificate at the time of application for a permit, the department may issue a class D driver's training instruction permit or a class D instruction permit upon receipt of identification acceptable to the department. The certified copy of an applicant's birth certificate or another government-issued identity document and documentation to establish the applicant's relationship to a person who is willing to assume responsibility for such applicant shall be required before a class D driver's license will be issued.

(4) The class D driver's training instruction permit shall expire five (5) days after the permittee's eighteenth birthday for permittees fourteen and one-half (14 1/2) years of age through seventeen and one-half (17 1/2) years of age. The class D driver's training instruction permit shall expire one hundred eighty (180) days from the date of issue for persons seventeen and one-half (17 1/2) years of age or older. Persons aged seventeen (17) years or older may attend classes or participate in driver's training instruction while operating with a class D instruction permit or a class D driver's training instruction permit.

(5) The class D driver's training instruction permit shall be issued to the instructor of the course or to the qualifying parent or legal guardian pursuant to subsection (6) of this section.

(6)(a) An eligible student may satisfy the requirements of section 33-1702, Idaho Code, regarding driver's training courses through parent-student on-road driver's training pursuant to this subsection. Notwithstanding any other provision of law to the contrary, students eligible for driver's training pursuant to section 33-1703, Idaho Code, may receive the in-car observation and behind-the-wheel instruction components of a driver's training course from a qualifying parent or legal guardian instead of a licensed instructor.

(b) A student participating in parent-student on-road driver's training pursuant to this subsection shall enroll and successfully complete the thirty (30) hours of classroom instruction for driver's training required under section 33-1702, Idaho Code, through any online driver's training course approved by the state department of education. The approved online driver's training program shall make online driver's training courses available to all students eligible for driver's training. The state department of education shall publish a list of all approved online driver's training programs on the department's website and such list shall also be made available at each county driver's license office.

(c) A parent or legal guardian who is qualified to provide parent-student on-road driver's training pursuant to this subsection may teach the driving portion of a driver's training course, including the six (6) hours of in-car observation and the six (6) hours of behind-the-wheel instruction required under section 33-1702, Idaho Code. Such training shall be done concurrently with the classroom component of the driver's training course. The in-car observation and behind-the-wheel instruction components shall satisfy all content standards and benchmarks of the Idaho driver education curriculum approved by the state department of education. More than one (1) qualifying parent or legal guardian may provide the parent-student on-road driver's training to a student.

(d) A parent or legal guardian qualifies to provide parent-student on-road driver's training pursuant to this subsection if:

(i) The parent or legal guardian possesses a valid Idaho driver's license that permits unaccompanied driving; and

(ii) The parent or legal guardian has not had a license suspended, revoked, or canceled and has not been disqualified from holding an Idaho driver's license for the previous two (2) years. A parent or legal guardian shall no longer be qualified if a license becomes suspended, revoked, or canceled or if a parent or legal guardian becomes disqualified from holding an Idaho driver's license during the student's education.

(e) A qualifying parent or legal guardian who provides parent-student on-road driver's training pursuant to this subsection shall fill out a driving log containing the date, time, location, and skills practiced for each driving session. Upon completion, the parent or legal guardian shall submit the driving log to the county driver's license office and comply with the requirements of subsection (7) of this section.

(f) A student must meet the requirements of subsection (8) of this section relating to the class D supervised instruction permit before applying for a class D driver's license.

(7)(a) Upon successful completion of the class D driver's training course, the driver's training instructor shall submit the student log to the county driver's license office and give the class D driver's training instruction permit to the parent or legal guardian of the permittee unless the permit has been issued pursuant to subsection (6) of this section. The parent or legal guardian shall assume responsibility for ensuring that the permittee complies with the requirements of operating a vehicle with a class D supervised instruction permit. The class D driver's training instruction permit shall then serve as a class D supervised instruction permit.

(b) In the event the permittee reaches seventeen (17) years of age while operating a class D vehicle with a class D supervised instruction permit, the supervised instruction permit shall become a class D instruction permit.

(8) No permittee may apply for a class D driver's license sooner than fifteen (15) years of age and no sooner than six (6) months after completing a class D driver's training course, during which time the permittee shall satisfy all requirements for operation of a class D vehicle with a class D supervised instruction permit as follows:

(a) The permittee shall not operate a vehicle unless he is accompanied by a driver who holds a valid driver's license, is twenty-one (21) years of age or older, and is actually occupying a seat beside the permittee driver. The supervising driver and the permittee shall be the only occupants of the front passenger section of the vehicle.

(b) Over a period of time not less than six (6) months, the permittee shall accumulate at least fifty (50) hours of supervised driving time, ten (10) hours of which shall be during hours of darkness.

(c) The permit shall be in the permittee's immediate possession at all times while operating a vehicle.

(d) In addition to the permittee driver and the supervising driver, all other occupants of the vehicle shall wear a seat belt or be restrained by child passenger restraints as required by law.

(e) The permittee is subject to the provisions of sections 18-1502 and 18-8004, Idaho Code, relating to violation of age restrictions on consumption of beer, wine, and alcohol and driving under the influence of alcohol, drugs or any other intoxicating substances, respectively.

(f) The permittee shall not have been convicted of any moving traffic violation, have had driving privileges suspended by the department or the court for any offense, or have been found to be in violation of any of the restrictions on the class D supervised instruction permit for a period of at least six (6) months from the date the driver's training instructor gave the permit to the parent or legal guardian, or from the date a canceled class D supervised instruction permit was reissued, or until the permittee reaches seventeen (17) years of age.

(g) If the permittee is under seventeen (17) years of age and is convicted of a violation of any traffic law, or section 18-1502, 18-8004 or 23-949, Idaho Code, or is found to be in violation of any of the restrictions on the class D supervised instruction permit, the department shall cancel the class D supervised instruction permit, and the cancellation shall not be used to establish rates of motor vehicle insurance charged by a casualty insurer. If the permittee is under seventeen (17) years of age, the permittee may reapply for and be issued a new class D supervised instruction permit upon payment of the appropriate fee and shall again be required to operate with the class D supervised instruction permit for at least six (6) months from the date of reissue without a conviction or suspension, accumulate the required hours of driving time, and adhere to the requirements as specified in paragraphs (a) through (f) of this subsection.

(9) Upon completion of the requirements in subsection (8) of this section, the permittee shall take the knowledge test and skills test administered by a person certified by the Idaho transportation department to administer knowledge and skills tests.

(10)(a) Upon passage of the knowledge and skills tests, the permittee may apply for a class D driver's license with driving privileges restricted to daylight hours only for persons under sixteen (16) years of age and with full privileges at sixteen (16) years of age or older.

(b) For purposes of this subsection, "daylight hours only" means the period of time between 5:00 a.m. and 10:00 p.m. local time.

(c) The restriction on daylight hours only driving privileges for persons under sixteen (16) years of age shall not apply if:

(i) The person under sixteen (16) years of age has a valid class D driver's license;

(ii) The person under sixteen (16) years of age is accompanied by a driver who holds a valid driver's license and is twenty-one (21) years of age or older and is actually occupying a seat beside the licensee who is under sixteen (16) years of age; and

(iii) The two (2) licensed drivers are the only occupants of the front passenger section of the vehicle.

(11) Upon passage of the knowledge and skills tests, the permittee may apply for a class D driver's license. Any such licensee who is under seventeen (17) years of age shall be required, during the first six (6) months from the date of issue of the class D driver's license, to limit the number of passengers in the vehicle who are under seventeen (17) years of age to not more than one (1) such passenger. Provided however, the limit of one (1) passenger under seventeen (17) years of age shall not apply to passengers who are related to the driver by blood, adoption or marriage.

History:

[49-307, added 1988, ch. 265, sec. 41, p. 593; am. 1989, ch. 88, sec. 20, p. 176; am. 1990, ch. 45, sec. 18, p. 71; am. 1994, ch. 347, sec. 4, p. 1098; am. 1998, ch. 110, sec. 18, p. 375; am. 2000, ch. 214, sec. 8, p. 583; am. 2003, ch. 47, sec. 3, p. 176; am. 2007, ch. 249, sec. 2, p. 730; am. 2008, ch. 194, sec. 5, p. 613; am. 2010, ch. 16, sec. 4, p. 28; am. 2014, ch. 92, sec. 1, p. 249; am. 2015, ch. 252, sec. 1, p. 1054; am. 2022, ch. 94, sec. 5, p. 282; am. 2023, ch. 17, sec. 3, p. 126; am. 2024, ch. 33, sec. 1, p. 229; am. 2025, ch. 74, sec. 1, p. 338; am. 2025, ch. 259, sec. 3, p. 1137; am. 2026, ch. 30, sec. 1, p. 128.]
Idaho Code § 49-605 — Idaho Code / Title 49 / Chapter 6 / Section 49-605
49-605 DRIVING UPON SIDEWALK.
Status: in_force

49-605. Driving upon sidewalk. No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or temporary driveway. This section shall not apply to any vehicle moved exclusively by human power, a personal delivery device, an electric personal assistive mobility device, nor to any motorized wheelchair. For the purposes of assuring the safety of pedestrians and others using sidewalks, a political subdivision having jurisdiction over sidewalks may, by ordinance or by traffic control device, regulate the time, place and manner of the operation of electric personal assistive mobility devices.

History:

[49-605, added 1988, ch. 265, sec. 144, p. 656; am. 2002, ch. 160, sec. 4, p. 473; am. 2017, ch. 147, sec. 3, p. 363.]
Idaho Code § 49-1807 — Idaho Code / Title 49 / Chapter 18 / Section 49-1807
49-1807 TOWED VEHICLE REMOVAL AND NOTIFICATION REQUIREMENTS.
Status: in_force

49-1807. TOWED VEHICLE REMOVAL AND NOTIFICATION REQUIREMENTS. (1) Whenever a vehicle is towed pursuant to sections 49-1803 through 49-1806, Idaho Code, the following procedures shall be followed:

(a) Law enforcement shall:

(i) At the time of tow, except for vehicles towed under section 49-1806, Idaho Code, complete a notice form containing at least the following information:

1. A complete vehicle description, including license plate number, if available, and vehicle identification number;

2. The time, date, and reason for the tow;

3. The name of the law enforcement agency directing the tow and the case number assigned;

4. The name and badge number of the authorized officer;

5. The name, address, and telephone number of the tow company;

6. The storage location of the vehicle; and

7. The signature of the tow truck operator taking receipt of the vehicle and contents;

(ii) Provide a copy of the notice pursuant to subparagraph (i) of this paragraph to the tow company to authorize towing of the vehicle. A copy shall be provided to the legal or registered owner at the scene, if applicable. The notification provided pursuant to subparagraph (i) of this paragraph shall be in addition to all notices required for vehicle disposal procedures contained in this chapter;

(iii) Not delegate authorization of the towing of vehicles as described in this chapter to a nongovernmental entity; and

(iv) Report the tow in the Idaho public safety and security information system;

(b) The tow company shall:

(i) Report the tow in the department's towed vehicle portal within one (1) business day of the tow, excluding weekends and holidays, pursuant to applicable procedures; and

(ii) Apply to the department for a title or junk certificate after thirty (30) days from the date of first notification as long as the following conditions have been met:

1. The vehicle has not been claimed;

2. No declaration of opposition was received or the declaration of opposition timeline has elapsed; or

3. If a tow procedure hearing was conducted, it was determined in the favor of the agency; and

(c) The department shall:

(i) Provide the title and insurance information the department has on record when the tow company enters the tow record into the portal;

(ii) Notify the vehicle's owners and lienholders on record using:

1. If the owner or lienholder signed up for electronic notifications:

(A) Within one (1) business day of the tow company reporting a tow in the portal, an electronic notification;

(B) If the vehicle is not claimed within five (5) business days after being reported in the portal, a second notice by first class mail; and

(C) If the vehicle is not claimed within fifteen (15) business days after being reported in the portal, a third notice by first class mail; or

2. If the owner or lienholder has not signed up for electronic notifications:

(A) Within one (1) business day after a tow company reports a tow in the portal, notification by first class mail; and

(B) If the vehicle is not claimed within ten (10) business days after being reported in the portal, a second notice by first class mail; and

(iii) Issue a title or junk certificate to the towing company clear of any liens after thirty (30) days from the date of first notification if all applicable procedures of this chapter were followed and the conditions of paragraph (b)(ii) of this subsection have been met.

(2) The notifications in subsection (1)(c) of this section shall include the following information:

(a) A description of the vehicle that includes, if available, the make, model, year, vehicle identification number, and license plate number;

(b) The name, address, and telephone number of the tow company;

(c) The date, time, and reason for tow;

(d) The location of the place of storage;

(e) The amount owed for towing;

(f) The daily rate for storage;

(g) The right to a tow procedure hearing pursuant to section 49-1809, Idaho Code;

(h) The right to claim personal property; and

(i) The right to file a declaration of opposition pursuant to section 49-1808, Idaho Code.

History:

[49-1807, added 2025, ch. 218, sec. 2, p. 1029.]
Idaho Code § 49-1609A — Idaho Code / Title 49 / Chapter 16 / Section 49-1609A
49-1609A SATISFACTION OF LIENS PRIOR TO RESALE OF VEHICLE.
Status: in_force

49-1609A. Satisfaction of liens prior to resale of vehicle. (1) When a motor vehicle dealer licensed pursuant to this chapter takes possession of a vehicle for purposes of resale, the dealer shall have ten (10) business days from the date of possession to satisfy in full any and all lienholders who are perfected at the time of taking possession, unless the owner relinquishing possession of the vehicle agrees in writing to directly pay the perfected lienholder.

(2) No such vehicle shall be resold or transferred to any retail purchaser until all perfected liens have been satisfied in full.

(3) It shall be a misdemeanor punishable as provided in section 49-236, Idaho Code, for any person or licensee to violate the provisions of this section.

History:

[49-1609A, added 2001, ch. 190, sec. 1, p. 653.]
Idaho Code § 49-520 — Idaho Code / Title 49 / Chapter 5 / Section 49-520
49-520 REFUSAL TO ISSUE CERTIFICATE OF TITLE OR REGISTER VEHICLE — REVOCATION AFTER ISSUANCE OR REGISTRATION.
Status: in_force

49-520. Refusal to issue certificate of title or register vehicle — Revocation after issuance or registration. If the department shall determine an applicant for a certificate of title to a vehicle is not entitled to it, it shall refuse to issue a certificate or to register the vehicle, and in that event unless the department reverses its decision or its decision is reversed by a court of competent jurisdiction, the applicant shall have no further right to apply for a certificate of title or registration on the statements in the application. The department may for a like reason after notice and hearing, revoke registration already acquired or any outstanding certificate of title. The notice shall be served in person or by first class mail. An appeal may be taken from any decision of the department.

History:

[49-520, added 1988, ch. 265, sec. 135, p. 652; am. 1991, ch. 153, sec. 9, p. 367; am. 2003, ch. 157, sec. 4, p. 446.]
Idaho Code § 49-1314 — Idaho Code / Title 49 / Chapter 13 / Section 49-1314
49-1314 TESTING BLOOD OF PERSONS KILLED IN ACCIDENTS.
Status: in_force

49-1314. Testing blood of persons killed in accidents. (1) The director of the Idaho state police, jointly with the various county coroners, shall provide a system and procedure whereby all coroners in Idaho shall obtain blood samples from all pedestrians and motor vehicle operators who have died as a result of and contemporaneously with an accident involving a motor vehicle.

(2) All investigating peace officers shall report traffic fatalities to the county coroner or follow the procedure established by the joint action of the director of the Idaho state police and the various coroners.

(3) The blood sample, or result of blood testing, with any information as may be required, shall be delivered to the director of the Idaho state police or his designee. Upon receipt of the sample the director will cause all tests as may be required to determine the amount of alcohol, narcotics and dangerous drugs that may be contained in the sample.

(4) The results of such tests shall be used for statistical purposes and shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[49-1314, added 1988, ch. 265, sec. 335, p. 743; am. 1989, ch. 310, sec. 26, p. 799; am. 1990, ch. 213, sec. 72, p. 538; am. 2000, ch. 469, sec. 119, p. 1581; am. 2002, ch. 44, sec. 1, p. 98; am. 2015, ch. 141, sec. 131, p. 477.]
Idaho Code § 49-665 — Idaho Code / Title 49 / Chapter 6 / Section 49-665
49-665 RIDING ON MOTORCYCLES.
Status: in_force

49-665. Riding on motorcycles. A person operating a motorcycle shall ride only upon the permanent and regular seat attached to it, and the operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the vehicle.

History:

[49-665, added 1988, ch. 265, sec. 186, p. 673.]
Idaho Code § 49-2206 — Idaho Code / Title 49 / Chapter 22 / Section 49-2206
49-2206 ENFORCEMENT.
Status: in_force

49-2206. Enforcement. (1) The provisions of this chapter and any rules adopted under it shall be enforced anywhere in the state by an authorized agent of the director or by any peace officer, except for conservation officers of the department of fish and game. Such authorized officers may detain and inspect any sealed or unsealed vehicle, container, or shipment which contains or which they have reason to believe contains hazardous material or wastes while in transit or in maintenance facilities or terminals, or on other public or private property to which the public has access, to ascertain if hazardous materials or wastes are being loaded, unloaded, stored or transported, and to inspect the contents, take samples thereof, and to otherwise insure compliance with the provisions of this chapter and of all rules adopted under section 67-2901A, Idaho Code, or chapter 44, title 39, Idaho Code. If a seal is opened for inspection, the inspecting officer shall reseal any vehicle, container or shipment prior to further transportation. Property used in violation of the laws may be seized and used as evidence.

(2) For the purposes of this chapter and chapter 44, title 39, Idaho Code, the transporter is responsible for the cleanup of any hazardous material/hazardous waste discharge in, on and outside the vehicle, or any one (1) or more of such locations, that occurs during transportation and must take such action as may be required so that the discharge no longer presents a hazard to public health, safety, or the environment.

(3) The board is authorized to suspend or revoke any permit or endorsement issued pursuant to this chapter if it is determined that any material provision of the permit or endorsement has been violated or if the driver, owner, lessee, or custodian of a permitted vehicle has been convicted of two (2) or more violations within a calendar year of any combination of statutes or rules relative to hazardous materials or hazardous waste. In any action to suspend or revoke, the board shall comply with the procedures specified in chapter 52, title 67, Idaho Code. Should the board have reasonable cause to believe that there exists any immediate danger to the public health, safety or environment, it may issue an emergency order suspending any permit or endorsement granted under this chapter for a reasonable period not to exceed fourteen (14) days.

History:

[49-2206, added 1988, ch. 265, sec. 458, p. 816; am. 1999, ch. 383, sec. 10, p. 1066.]
Idaho Code § 49-227 — Idaho Code / Title 49 / Chapter 2 / Section 49-227
49-227 OPERATING VEHICLE WITHOUT OWNER'S CONSENT.
Status: in_force

49-227. Operating vehicle without owner's consent. Any person who shall operate a vehicle, not his own, without the consent of the owner, and with intent temporarily to deprive the owner of his possession of such vehicle, without intent to steal the vehicle, shall be guilty of a misdemeanor, unless the damages caused to the vehicle as a result of a violation of this section exceed one thousand dollars ($1,000) in value, or the value of property taken from the vehicle exceeds one thousand dollars ($1,000), or a combination of the damages caused to the vehicle and the value of property taken exceeds one thousand dollars ($1,000), in which case such person is guilty of a felony. The consent of the owner of a vehicle to its taking or operating shall not in any case be presumed or implied because of such owner's consent on a previous occasion to the taking or operating of the vehicle by the same or a different person. Any person who assists in, or is a party or accessory to or an accomplice in any unauthorized taking or operation shall also be guilty of a misdemeanor, unless the damages caused to the vehicle as a result of a violation of this section exceed one thousand dollars ($1,000) in value, or the value of property taken from the vehicle exceeds one thousand dollars ($1,000), or a combination of the damages caused to the vehicle and the value of property taken exceeds one thousand dollars ($1,000), in which case such person is guilty of a felony. For the purpose of this section vehicle shall include, but is not limited to vehicles defined in section 49-123, Idaho Code, boats, airplanes, snowmobiles, three and four wheel all-terrain vehicles, hot air balloons, hang gliders, jet skis and motorcycles.

History:

[49-227, added 1988, ch. 265, sec. 21, p. 584; am. 1992, ch. 75, sec. 1, p. 213; am. 2005, ch. 117, sec. 1, p. 377.]
Idaho Code § 49-1501 — Idaho Code / Title 49 / Chapter 15 / Section 49-1501
49-1501 INFRACTION CITATION — ISSUANCE.
Status: in_force

49-1501. Infraction citation — Issuance. A peace officer or authorized employee of the Idaho transportation department may issue an Idaho uniform citation for any infraction violation of the provisions of chapters 3, 4 and 6 through 9 of this title, or any other section of this title for which an infraction penalty is specifically provided, in which he shall certify that he has reasonable grounds to believe and does believe, that the person cited committed the infraction contrary to law.

History:

[49-1501, added 1988, ch. 265, sec. 368, p. 756; am. 1990, ch. 432, sec. 8, p. 1201; am. 1991, ch. 226, sec. 4, p. 544; am. 2000, ch. 327, sec. 5, p. 1105.]
Idaho Code § 49-2204 — Idaho Code / Title 49 / Chapter 22 / Section 49-2204
49-2204 NOTICE OF FEDERAL INSURANCE REQUIREMENTS.
Status: in_force

49-2204. Notice of federal insurance requirements. A transporter granted a transporter permit or endorsement under this section shall have and maintain financial responsibility for sudden and accidental occurrences in an amount equal to the federal requirements as specified in title 49, code of federal regulations. Coverage must provide for claims arising out of injury to persons, property, or the environment, including the spillage of hazardous material or waste while such materials are transported, and including the costs of cleaning up any spillage. Such liability coverage must be maintained at all times while the permit is in force. The liability requirements may be met by liability insurance, bonding, self insurance or any other method as may be provided by department rule. Failure to maintain the insurance required by federal law shall not constitute a civil or criminal violation of the provisions of this chapter.

History:

[49-2204, added 1988, ch. 265, sec. 456, p. 815.]
Idaho Code § 49-119 — Idaho Code / Title 49 / Chapter 1 / Section 49-119
49-119 DEFINITIONS — R.
Status: in_force

49-119. Definitions — R. (1) "Racing" means the use of one (1) or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle, or to test the physical stamina or endurance of drivers over long-distance driving routes.

(2) "Radio operator, amateur" means any person licensed by the Federal Communications Commission to engage in private and experimental two-way radio operation and holding a conditional class license or higher.

(3) "Railroad" means a carrier of persons or property upon cars operated upon stationary rails.

(4) "Railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.

(5) "Railroad sign" or "signal" means 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.

(6) "Recreational vehicle" means a motor home, travel trailer, fifth-wheel trailer, park model recreational vehicle, truck camper or folding camping trailer, with or without motive power, designed for recreational or emergency occupancy. It does not include pickup hoods, shells, or canopies designed, created or modified for occupational usage. School buses or van type vehicles which are converted to recreational use, are defined as recreational vehicles.

(7) "Registered maximum gross weight" means the maximum gross weight established on the registration document as declared by the owner at the time of registration or renewal of registration.

(8) "Registered owner" means any person required to register a vehicle, whether or not a lienholder appears on the title in the records of the department.

(9) "Registration" means the registration certificate or certificates and license plate or plates issued under the laws of this state pertaining to the registration of vehicles.

(10) "Rental utility trailer" means a utility trailer offered for hire to the general public for private or commercial use.

(11) "Rescission of sale." (See section 28-2-608, Idaho Code)

(12) "Resident" means for purposes of vehicle registration, titling, a driver's license or an identification card, a person whose domicile has been within Idaho continuously for a period of at least thirty (30) days, excluding a full-time student who is a resident of another state. However, any driver's license or identification card issued to a person who has been domiciled in Idaho for less than thirty (30) days may not be used for identification for the purpose of voting. The department may title or register a vehicle to a person who has an Idaho driver's license or identification card and has been domiciled in Idaho for less than thirty (30) days. Establishment of residency shall include a spouse and dependent children who reside with that person in the domicile. A domicile shall not be a person's workplace, vacation or part-time residence.

(13) "Residential district." (See "District," section 49-105, Idaho Code)

(14) "Residential neighborhood" for purposes of this chapter, is an area abutting a highway which is used primarily for nontransient human habitation, parks and churches.

(15) "Revocation of driver's license" means the termination by formal action of the department or as otherwise provided in this title of a person's driver's license or privilege to operate a motor vehicle on the highways, which terminated driver's license or privilege shall not be subject to renewal or restoration except that an application for a new driver's license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this title.

(16) "Revocation of vehicle registration" means the termination by formal action of the department or as otherwise provided in this title of a person's vehicle registration or, in the case of fleets of vehicles, all vehicle registrations in each fleet operated by a company. Upon revocation, the privileges of operating the vehicles on Idaho highways is terminated until the difficulty that caused the revocation is corrected and an application for new registration is presented and acted upon.

(17) "Ridesharing arrangement" means the nonprofit transportation in a passenger motor vehicle with a seating capacity not exceeding fifteen (15) people including the driver, which is not otherwise used for commercial purposes or as a public conveyance, whereby a fixed group, not exceeding fifteen (15) people including passengers and driver, is transported between their residences or nearby termini, and their places of employment or educational or other institutions or termini near those places, in a single daily round trip where the driver is also on the way to or from his place of employment or education or other institution.

(18) "Right-of-way" means the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. The term shall not be interpreted to mean that a highway user is relieved from the duty to exercise reasonable care at all times and from doing everything to prevent an accident. Failure to yield right-of-way shall not be construed as negligence per se or as prima facie evidence of negligence.

(19) "Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms and rights-of-way.

History:

[49-119, added 1988, ch. 265, sec. 2, p. 563; am. 1989, ch. 88, sec. 10, p. 163; am. 1989, ch. 310, sec. 4, p. 774; am. 1989, ch. 403, sec. 1, p. 987; am. 1991, ch. 100, sec. 1, p. 221; am. 1991, ch. 211, sec. 1, p. 499; am. 1992, ch. 35, sec. 2, p. 102; am. 1992, ch. 115, sec. 3, p. 350; am. 2001, ch. 355, sec. 1, p. 1242; am. 2017, ch. 134, sec. 5, p. 316; am. 2024, ch. 234, sec. 1, p. 816.]
Idaho Code § 49-910A — Idaho Code / Title 49 / Chapter 9 / Section 49-910A
49-910A COLOR OF LAMPS AND GLOBES LIMITED TO CERTAIN VEHICLE CLASSES.
Status: in_force

49-910A. Color of lamps and globes limited to certain vehicle classes. For the purposes of this chapter lighting devices utilizing various colors of lighted globes approved by the director of the Idaho state police for use on vehicles shall be restricted to the following class of vehicles:

(1) Police vehicles. Only police vehicles shall display blue lights, lenses or globes.

(2) Designated emergency vehicles. Fire fighting vehicles, vehicles belonging to personnel of voluntary fire departments, vehicles belonging to, or operated by EMS personnel certified or otherwise recognized by the Idaho military division while in the performance of emergency medical services, ambulances, sheriff's search and rescue vehicles which are under the immediate supervision of the county sheriff, and wreckers, as defined in section 49-124, Idaho Code, which are engaged in motor vehicle recovery operations and are blocking part or all of one or more lanes of traffic, are designated emergency vehicles. With the exception of school buses as provided in section 49-915, Idaho Code, only fire fighting vehicles, vehicles belonging to personnel of voluntary fire departments, vehicles belonging to, or operated by EMS personnel certified or otherwise recognized by the Idaho military division while in the performance of emergency medical services, ambulances, designated emergency vehicles described herein, vehicles authorized by the Idaho transportation board for use in the enforcement of vehicle laws specified in section 40-510, Idaho Code, and other emergency vehicles designated by the director of the Idaho state police may display red flashing lights or red lenses or globes which are visible from the front of the vehicle.

(3) All vehicles. Any motor vehicle may have attached to it a flashing amber light to warn motorists of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing the vehicle displaying such lighting. The driver of an approaching vehicle shall yield the right-of-way to any stationary vehicle displaying a flashing amber light.

History:

[49-910A, added 1988, ch. 265, sec. 236, p. 693; am. 1989, ch. 310, sec. 23, p. 796; am. 1991, ch. 288, sec. 4, p. 744; am. 1993, ch. 377, sec. 1, p. 1385; am. 1996, ch. 308, sec. 2, p. 1013; am. 2000, ch. 469, sec. 117, p. 1579; am. 2025, ch. 94, sec. 31, p. 483.]
Idaho Code § 49-2444 — Idaho Code / Title 49 / Chapter 24 / Section 49-2444
49-2444 IDENTIFICATION CARD ISSUED — FOUR-YEAR OR EIGHT-YEAR.
Status: in_force

49-2444. Identification card issued — Four-year or eight-year. (1) The department shall issue a distinguishing identification card that sets forth the information contained in the application in a form as prescribed by the department. All identification cards issued on or after January 1, 1993, shall not contain the applicant's social security number. An applicant's social security number shall be exempt from disclosure except for inquiries from agencies or institutions authorized to obtain such information by federal law or regulation, from peace officers, or from jury commissioners. Each card shall have printed on it the applicant's full name, date of birth, Idaho residence address, sex, weight, height, eye color, and hair color and shall include a distinguishing number assigned to the applicant. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant's identification card shall contain his or her alternative Idaho mailing address in place of his or her Idaho residence address. Each card shall also have printed on it the name of this state, the date of issuance, and the date of expiration. An identification card shall not be valid until it has been signed on the signature line by the applicant. Each card shall include a color photograph of the applicant, which shall be taken by the examiner at the time of application. The photograph shall be taken without headgear or other clothing or device that disguises or otherwise conceals the face or head of the applicant. A waiver may be granted by the department allowing the applicant to wear headgear or other head covering for medical, religious or safety purposes as long as the face is not disguised or otherwise concealed. At the request of the applicant, an identification card may contain a statement or indication of the medical condition of the applicant.

(2) No person shall receive an identification card unless and until he surrenders to the department all identification cards in his possession issued to him by Idaho or any other jurisdiction, or any driver's license issued by any other jurisdiction within the United States, or until he executes an affidavit that he does not possess an identification card or any driver's license.

(3) Identification cards issued to persons under eighteen (18) years of age shall include a notation "under 18 until (month, day, year)," and identification cards issued to persons eighteen (18) years of age to twenty-one (21) years of age shall include a notation "under 21 until (month, day, year)." The nonrefundable fee for a four (4) year identification card issued to persons twenty-one (21) years of age or older shall be fifteen dollars ($15.00), of which ten dollars ($10.00) shall be retained by the county and credited to the current expense fund and five dollars ($5.00) shall be deposited in the state treasury to the credit of the highway distribution account. The nonrefundable fee for identification cards issued to persons under twenty-one (21) years of age shall be ten dollars ($10.00), of which five dollars ($5.00) shall be retained by the authorized issuing agent or, if issued by the county, shall be credited to the current expense fund and five dollars ($5.00) shall be deposited in the state treasury to the credit of the highway distribution account. The nonrefundable fee for an eight (8) year identification card shall be twenty-five dollars ($25.00), of which fifteen dollars ($15.00) shall be retained by the authorized issuing agent or, if issued by the county, shall be credited to the current expense fund and ten dollars ($10.00) shall be deposited in the state treasury to the credit of the highway distribution account. At the option of the applicant, the identification card issued to a person twenty-one (21) years of age or older shall expire either on the card holder's birthday in the fourth year or the eighth year following issuance of the card, except as otherwise provided in subsection (7) of this section. Every identification card issued to a person under eighteen (18) years of age shall expire five (5) days after the person's eighteenth birthday, except as otherwise provided in subsection (7) of this section. Every identification card issued to a person eighteen (18) years of age but under twenty-one (21) years of age shall expire five (5) days after the person's twenty-first birthday, except as otherwise provided in subsection (7) of this section.

(4) Individuals required to register in compliance with section 3 of the federal military selective service act, 50 U.S.C. 451 et seq., as amended, shall be provided an opportunity to fulfill such registration requirements in conjunction with an application for an identification card. Any registration information so supplied shall be transmitted by the department to the selective service system.

(5) Every identification card, except those issued to persons under twenty-one (21) years of age, shall be renewable on or before its expiration, but not more than twenty-five (25) months before, and upon application and payment of the required fee.

(6) The applicant for an identification card must submit proof of identity and citizenship status acceptable to the examiner or the department and date of birth as set forth in a certified copy of his birth certificate or a valid, unexpired passport. If the applicant does not possess a certified copy of his birth certificate or a delayed birth certificate and does not possess a valid, unexpired passport, another government-issued document may be submitted that provides satisfactory evidence of a person's full legal name and date of birth acceptable to the examiner or the department.

(7) Every identification card issued to a person who is a citizen of the United States shall, where possible, include the notation "USA." Every identification card issued to a person who is not a citizen or permanent legal resident of the United States shall have an expiration date that is the same date as the end of lawful stay in the United States as indicated on documents issued and verified by the department of homeland security; however, the expiration date shall not extend beyond the expiration date for the same category of identification card issued to citizens. Persons whose department of homeland security documents do not state an expiration date shall be issued an identification card with an expiration date of one (1) year from the date of issuance.

(8) When an identification card has been expired for less than twenty-five (25) months, the renewal of the identification card shall start from the original date of expiration, regardless of the year in which the application for renewal is made. If the identification card is expired for more than twenty-five (25) months, the application shall expire, at the option of the applicant, on the applicant's birthday in the fourth year or the eighth year following reissuance of the identification card, except as otherwise provided in subsection (7) of this section.

(9)(a) If an Idaho identification card has expired or will expire and the identification card holder is temporarily out of state, except on active military duty, the identification card holder may request in writing on a form prescribed by the department an extension of the identification card. The request shall be accompanied by the fee fixed in section 49-306, Idaho Code, and the extension shall be no more than a twelve (12) month period. If the department determines that an extension of the identification card is necessary, it may issue an identification card showing the date to which the expired identification card is extended. Identification card extensions are limited to two (2) consecutive extensions per identification card holder.

(b) Upon returning to the state of Idaho, the identification card holder shall, within ten (10) days, apply for a renewal of the expired identification card and surrender the extended identification card and the expired identification card.

(10) An Idaho identification card issued to any person prior to serving on active duty in the armed forces of the United States, or a member of the immediate family accompanying such a person, if valid and in full force and effect upon entering active duty, shall remain in full force and effect and shall, upon application, be extended for a period of four (4) years as long as active duty continues, and the identification card shall remain in full force and effect sixty (60) days following the date the card holder is released from active duty.

(11) A person possessing an identification card who desires to donate any or all organs or tissue in the event of death, and who has completed a document of gift pursuant to the provisions for donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code, may, at the option of the donor, indicate this desire on the identification card by the imprinting of the word "donor" on the identification card. The provisions of this subsection shall apply to persons possessing an identification card who are fifteen (15) years of age or older but less than eighteen (18) years of age if the requirements provided in chapter 34, title 39, Idaho Code, have been complied with.

(12) A person possessing an identification card or an applicant for an identification card who is a person with a permanent disability may request that the notation "permanently disabled" be imprinted on the identification card, provided the person presents written certification from a licensed physician verifying that the person's stated impairment qualifies as a permanent disability according to the provisions of section 49-117, Idaho Code.

(13) A person who is a veteran may request that his or her status as such be designated on an identification card at no additional cost. Any such request shall be accompanied by proof of being a current or former member of the United States armed forces. Upon request and submission of satisfactory proof, the department shall indicate such person's status as a veteran on any identification card issued pursuant to the provisions of this section. Such designation shall be made upon original issuance or renewal of an identification card. Designation shall also be made on any duplicate identification card issued, provided that the fee for such duplicate card is paid in accordance with this section.

(14) Satisfactory proof of being a current or former member of the United States armed forces must be furnished by an applicant to the department before a designation of veteran status will be indicated on any identification card. Acceptable proof shall be a copy of form DD214 or an equivalent document or statement from the department of veterans affairs that identifies a character of service upon separation as "honorable" or "general under honorable conditions."

(15) In the case of a name change, the applicant shall provide legal documentation to verify the change in accordance with department rules.

(16) Whenever any person, after applying for or receiving an identification card, moves from the address shown on the application or on the identification card issued, that person shall, within thirty (30) days, notify the transportation department in writing of the old and new addresses.

(17) The department shall cancel any identification card upon determining that the person was not entitled to the issuance of the identification card or that the person failed to give the required and correct information in his application or committed fraud in making the application. Upon cancellation, the person shall surrender the canceled identification card to the department.

(18) If any person shall fail to return to the department the identification card as required, the department may direct any peace officer to secure its possession and return the identification card to the department.

(19) The department may issue a no-fee identification card to an individual whose driver's license has been canceled and voluntarily surrendered as provided in section 49-322(5), Idaho Code. The identification card may be renewed at no cost to the applicant as long as the driver's license remains canceled.

(20) It is an infraction for any person to fail to notify the department of a change of address as required by the provisions of subsection (16) of this section.

(21) The department may issue an initial four (4) year no-fee identification card to an individual who is homeless. The department shall establish a form for verification of homelessness pursuant to this section. Such form shall require the signature of an outreach worker or service worker verifying that the individual is homeless and attesting to the individual's residency at an Idaho relief agency or shelter. An applicant issued an identification card under the provisions of this subsection shall be entitled to one (1) free replacement. Subsequent replacements and renewals of this identification card will be subject to the fees imposed in this section.

(22) The department shall issue a four (4) year no-fee identification card to any individual eighteen (18) years of age or older who indicates on the application that an identification card is needed to comply with voter registration or voting requirements. An applicant issued an identification card under this subsection shall be entitled to one (1) free replacement. Such applicants are entitled to no-fee renewals as long as the applicant meets the requirements of this subsection at the time of renewal.

History:

[49-2444, added 1988, ch. 265, sec. 499, p. 831; am. 1989, ch. 310, sec. 30, p. 803; am. 1990, ch. 45, sec. 40, p. 109; am. 1991, ch. 203, sec. 2, p. 483; am. 1992, ch. 115, sec. 37, p. 378; am. 1992, ch. 118, sec. 3. p. 394; am. 1994, ch. 85, sec. 2, p. 201; am. 1998, ch. 110, sec. 32, p. 414; am. 1999, ch. 79, sec. 2, p. 226; am. 1999, ch. 81, sec. 21, p. 263; am. 1999, ch. 317, sec. 3, p. 802; am. 1999, ch. 318, sec. 4, p. 809; am. 2000, ch. 56, sec. 3, p. 118; am. 2000, ch. 304, sec. 3 and 4, p. 1037 and 1038; am. 2001, ch. 74, sec. 9, p. 179; am. 2001, ch. 332, sec. 5, p. 1171; am. 2002, ch. 161, sec. 2, p. 478; am. 2002, ch. 171, sec. 18, p. 503; am. 2006, ch. 265, sec. 5, p. 824; am. 2008, ch. 63, sec. 5, p. 164; am. 2009, ch. 331, sec. 8, p. 959; am. 2010, ch. 225, sec. 7, p. 514; am. 2011, ch. 60, sec. 7, p. 134; am. 2012, ch. 32, sec. 3, p. 100; am. 2013, ch. 92, sec. 2, p. 226; am. 2019, ch. 48, sec. 2, p. 131; am. 2020, ch. 38, sec. 5, p. 85; am. 2021, ch. 294, sec. 2, p. 891; am. 2022, ch. 53, sec. 1, p. 173; am. 2022, ch. 217, sec. 4, p. 706; am. 2023, ch. 218, sec. 14, p. 617; am. 2023, ch. 293, sec. 8, p. 892; am. 2024, ch. 31, sec. 1, p. 224; am. 2025, ch. 259, sec. 6, p. 1141.]
Idaho Code § 49-425 — Idaho Code / Title 49 / Chapter 4 / Section 49-425
49-425 LOST CERTIFICATE OR LICENSE PLATE — DUPLICATES.
Status: in_force

49-425. Lost certificate or license plate — Duplicates. In the event that any license plate or registration card issued pursuant to the provisions of this chapter shall be lost, mutilated, or become illegible, the person to whom the plate or registration card is issued shall make immediate application for and obtain a duplicate or replacement upon furnishing information of fact satisfactory to the department and upon payment of the required fees. The fee for duplicate or replacement plates is provided in sections 49-450 and 49-202(2)(f), Idaho Code, for a replacement registration card whether issued in print or electronically.

History:

[49-425, added 1988, ch. 265, sec. 87, p. 619; am. 1992, ch. 35, sec. 16, p. 120; am. 2000, ch. 320, sec. 4, p. 1087; am. 2020, ch. 125, sec. 2, p. 385.]
Idaho Code § 49-110 — Idaho Code / Title 49 / Chapter 1 / Section 49-110
49-110 DEFINITIONS — I.
Status: in_force

49-110. Definitions — I. (1) "Identifying number" means:

(a) Motor number. That identifying number stamped on the engine of a vehicle.

(b) Vehicle identification number. The numbers and letters, if any, placed on a vehicle by the manufacturer for the purpose of identifying the vehicle.

(2) "Implements of husbandry" means every vehicle including self-propelled units, designed or adapted and used exclusively in agricultural, horticultural, dairy and livestock growing and feeding operations. Such implements include, but are not limited to, combines, discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers, harvesting and stacking equipment, pesticide applicators, plows, swathers, mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or drawing any implement of husbandry shall be construed to be an implement of husbandry. "Implements of husbandry" do not include semitrailers, nor do they include motor vehicles or trailers, unless their design limits their use to agricultural, horticultural, dairy or livestock growing and feeding operations.

(3) "Incidentally operated" means the transport of the implement of husbandry from one (1) farm operation to another.

(4) "Individual record" means a record containing personal information about a designated person who is the subject of the record as identified in a request for information.

(5) "Infraction" means a civil public offense, not constituting a crime, which is not punishable by incarceration and for which there is no right to a trial by jury or right to court-appointed counsel, and which is punishable by only a penalty not exceeding three hundred dollars ($300) and no imprisonment.

(6) "Instruction permits":

(a) "Class A, B or C instruction permit." (See "Commercial learner's permit," section 49-104, Idaho Code)

(b) "Class D driver's training instruction permit" means a temporary privilege to operate a class D motor vehicle while attending classes as an enrollee of a public or private driver's training course only; is available to a person aged fourteen and one-half (14 1/2) years and older; is issued to the instructor of the driver's training course; is issued and expires pursuant to the provisions of section 49-307, Idaho Code; and the permittee is subject to the conditions specified in section 49-307, Idaho Code.

(c) "Class D instruction permit" means a temporary privilege to operate a class D motor vehicle which is available to a person under the age of seventeen (17) years who has successfully completed an approved driver's training course and has satisfied the requirements of a class D supervised instruction permit, or to any person seventeen (17) years of age or older; is valid for a period of one hundred eighty (180) days or as provided in section 49-305, Idaho Code, if applicable; privileges are limited to driving with a person who is at least eighteen (18) years of age who holds a valid class D driver's license and is actually occupying a seat beside the permittee; is issued pursuant to the provisions of section 49-305, Idaho Code; and the permittee is subject to the conditions specified in section 49-305, Idaho Code.

(d) "Class D supervised instruction permit" means a temporary privilege to operate a class D motor vehicle which is available to a person who is at least fourteen and one-half (14 1/2) years of age who has successfully completed an approved driver's training course. No person may apply for a class D driver's license until he has attained the age of at least fifteen (15) years and has successfully satisfied the requirements of this permit, as specified and issued pursuant to the provisions of section 49-307, Idaho Code.

(7) "Instructor" means any person, whether acting for himself as operator of a commercial driver training school or for such a school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises practice of, persons learning to operate or drive motor vehicles.

(8) "Insurer" means any insurer, public or private, which shall include, but not be limited to, insurance companies domiciled in the state of Idaho, agents, adjuster or any other person acting on behalf of any insurance not domiciled in the state of Idaho and any self-insured entity operating under Idaho insurance laws or rules.

(9) "International registration plan" means a registration reciprocity agreement among the states of the United States and provinces of Canada providing for payment of registration and licensing fees on a proportional basis determined by the fleet miles operated in the various jurisdictions.

(10) "Intersection" means:

(a) 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 (2) 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.

(b) Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event an intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of the highways shall be regarded as a separate intersection.

(c) The junction of an alley with a street or highway shall not constitute an intersection.

History:

[49-110, added 1988, ch. 265, sec. 2, p. 558; am. 1996, ch. 327, sec. 1, p. 1118; am. 1997, ch. 80, sec. 4, p. 176; am. 2000, ch. 214, sec. 3, p. 585; am. 2000, ch. 418, sec. 2, p. 1332; am. 2007, ch. 249, sec. 1, p. 730; am. 2008, ch. 194, sec. 1, p. 608; am. 2010, ch. 16, sec. 1, p. 21; am. 2014, ch. 236, sec. 4, p. 597; am. 2015, ch. 54, sec. 2, p. 128; am. 2017, ch. 111, sec. 1, p. 259.]
Idaho Code § 49-916 — Idaho Code / Title 49 / Chapter 9 / Section 49-916
49-916 LAMPS ON FARM TRACTORS, FARM EQUIPMENT AND IMPLEMENTS OF HUSBANDRY.
Status: in_force

49-916. Lamps on farm tractors, farm equipment and implements of husbandry. (1) Every farm tractor and every self-propelled farm equipment unit or implement of husbandry not equipped with an electric lighting system shall at all times specified in section 49-903, Idaho Code, be equipped with at least one (1) lamp displaying a white light visible from a distance of not less than five hundred (500) feet to the front of the vehicle and shall also be equipped with at least one (1) lamp displaying a red light visible from at least the same distance to the rear of the vehicle, and two (2) red reflectors visible from a distance of one hundred (100) to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps. Lights required in this section shall be positioned so that one (1) lamp showing to the front and one (1) lamp or reflector showing to the rear will indicate the further projection of the tractor, unit or implement on the side of the road used in passing the vehicle.

(2) Every combination of farm tractor and towed unit of farm equipment or implement of husbandry not equipped with an electric lighting system shall at all times specified in section 49-903, Idaho Code, be equipped with the following:

(a) At least one (1) lamp mounted to indicate as nearly as practicable the extreme left projection of the combination and displaying a white light visible from a distance of not less than five hundred (500) feet to the front of the combination;

(b) Two (2) red reflectors visible from a distance of one hundred (100) to six hundred (600) feet to the rear of the combination when illuminated by the upper beams of head lamps. The reflectors shall be mounted in a manner to indicate as nearly as practicable the extreme left and right rear projections of the towed unit or implement on the highway.

(3) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry equipped with an electric lighting system shall at all times specified in section 49-903, Idaho Code, be equipped with two (2) single-beam or multiple-beam head lamps meeting the requirements of sections 49-922 or 49-924, Idaho Code, respectively or, as an alternative, section 49-926, Idaho Code, and two (2) red lamps visible from a distance of not less than five hundred (500) feet to the rear, or in the alternative, one (1) red lamp visible from a distance of not less than five hundred (500) feet to the rear and two (2) red reflectors visible from a distance of one hundred (100) to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps. Red lamps or reflectors shall be mounted in the rear of the farm tractor or self-propelled implement of husbandry to indicate as nearly as practicable the extreme left and right projections of the vehicle on the highway.

(4) The farm tractor element of every combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system shall at all times specified in section 49-903, Idaho Code, be equipped with two (2) single-beam or multiple-beam head lamps meeting the requirements of sections 49-922, 49-924, or 49-926, Idaho Code.

History:

[49-916, added 1988, ch. 265, sec. 242, p. 696.]
Idaho Code § 49-434 — Idaho Code / Title 49 / Chapter 4 / Section 49-434
49-434 OPERATING FEES.
Status: in_force

49-434. Operating fees. (1) There shall be paid on all commercial vehicles, noncommercial vehicles, and on all farm vehicles having a maximum gross weight not in excess of sixty thousand (60,000) pounds, an annual registration fee or a staggered registration fee for the purpose of reregistration and notice of expiration in accordance with the following schedule.

Unladen Weight for Wreckers Annual Registration Fee Maximum Gross Weight Noncommercial and Commercial For Other Vehicles (Pounds) Farm Vehicles Vehicles and Wreckers 8,001-16,000 inc. $ 48.00 $ 48.00 16,001-26,000 inc. 61.08 143.40 26,001-30,000 inc. 91.68 223.80 30,001-40,000 inc. 130.08 291.60 40,001-50,000 inc. 188.28 360.00 50,001-60,000 inc. 311.88 515.40

In addition to the registration fees provided for in this subsection, there shall be an additional registration fee imposed of twenty-five dollars ($25.00).

(2) There shall be paid on all commercial vehicles, irrespective of body type, and on all farm vehicles having a maximum gross weight in excess of sixty thousand (60,000) pounds, an annual registration fee in the amount prescribed by subsection (8) of this section, as applicable.

(3) In addition, the annual registration fee for trailers shall be:

(a) Trailer or semitrailer in a combination of vehicles

(b) Rental utility trailer with a gross weight of two thousand (2,000) pounds or less

(c) Rental utility trailer with a gross weight over two thousand (2,000) pounds

(4) As an option to the trailer and semitrailer and rental utility trailer annual registrations issued pursuant to subsection (3) of this section, the department may provide a nonexpiring plate and registration for trailers and semitrailers, and an optional, extended registration for rental utility trailers.

(a) For trailers and semitrailers, the nonexpiring registration fee shall be ninety-nine dollars ($99.00). The license plate shall remain on the trailer or semitrailer until the registration is canceled or revoked. No part of the fee is subject to refund. However, the registrant may transfer the nonexpiring plate and registration to another trailer or semitrailer titled to the registrant if the original registration date is prior to July 1, 2009. The registration document shall be the official record of the status of the nonexpiring registration, and no registration fee shall be required after the initial registration is paid. The owner may be issued an electronic copy of the registration card issued pursuant to this section.

(i) Registration of a trailer or semitrailer based in another jurisdiction may be issued when the registrant provides a valid jurisdiction title or ownership document and certification statement, and no title transfer will be required.

(ii) Periodic verification will be made to confirm ownership status. Failure of the owner to comply with the verification request to confirm ownership within thirty (30) days shall result in cancellation of the permanent plate registration.

(b) Idaho-based trailer manufacturers may purchase trailer and semitrailer registration from the department. The manufacturer may issue the annual registration to foreign-based purchasers utilizing a manufacturer's certificate of origin or manufacturer's statement of origin as proof of ownership. If the foreign-based purchaser subsequently obtains an Idaho nonexpiring registration as provided in paragraph (a) of this subsection prior to annual registration expiration, the amount of the annual registration fee shall be applied to the nonexpiring registration fee provided that the customer acquires a title for such vehicle.

(c) For rental utility trailers, the registrant may prepay the annual registration for an additional one (1), two (2), three (3) or four (4) years, but in no event shall the optional registration period extend beyond five (5) years. The fee shall be as specified in subsection (3)(b) or (c) of this section. The owner shall be issued a registration card or may request such card to be sent electronically. The expiration date shall be reflected on such registration card. The license plate shall become void if the owner's interest in the rental utility trailer changes during the five (5) year period. If the owner fails to enter the rental utility trailer on the annual renewal application during the five (5) year period, the registration record shall be purged. Any unrenewed plate shall be returned to the department if it is not entered on the renewal application.

(5) A fleet registration option is available to owners who have twenty-five (25) or more commercial or farm vehicles or any combination thereof. Such owners may register all of their company vehicles with the department in lieu of registering with a county assessor. To qualify, the fleet must be owned and operated under the unified control of one (1) person and the vehicles must be physically garaged and maintained in two (2) or more counties. Fleet registration shall not include fleets of rental vehicles. The department shall provide a registration application to the owner, and the owner shall provide all information that the department determines is necessary. The department shall devise a special license plate numbering system for fleet-registered vehicles as an alternative to county license plates. The fleet registration application and all subsequent registration renewals shall include the physical address where a vehicle is principally used, garaged and maintained. The fleet owner shall report the physical address to the department upon initial registration, on each renewal, and at any time a vehicle registered under this option is permanently transferred to another location.

(6) If the ownership of a vehicle changes during the registration period, the original owner may transfer the plate to another vehicle. The remaining fee shall be credited against the cost of the new registration. Refunds may be given for any unexpired portion of the vehicle registration fee if the plate is not transferred by the owner to another vehicle. Any request for refund shall include surrender of the license plate and registration document, if a physical document was issued. Owners of vehicles registered under the international registration plan may request a refund of the unexpired portion of the Idaho vehicle registration fee by presenting evidence from the base jurisdiction that the license plate and registration document, if a physical document was issued, have been surrendered. A license plate shall not be transferred to another owner when the ownership of a vehicle changes. The owner shall obtain a replacement plate, if required, and a printed or electronic registration document when a plate is lost, destroyed, or becomes illegible.

(7) An administrative fee of four dollars ($4.00) shall be paid and deposited to the state highway account on all registrations completed by the department under subsection (1) or (8)(a) of this section. Vehicles registered under subsection (8)(b) of this section shall pay the fee provided in section 49-435(2), Idaho Code.

(8) There shall be paid on all commercial and farm vehicles having a maximum gross weight in excess of sixty thousand (60,000) pounds, a registration fee based upon the maximum gross weight of a vehicle as declared by the owner and the total number of miles driven on roads and highways in the state, county, city and highway district systems in Idaho, and if registered under the international registration plan (IRP), in all other jurisdictions. The appropriate registration fee shall be determined as follows:

(a) If the owner registers vehicles under the international registration plan (IRP), the appropriate mileage column shall be determined by the total miles an owner operated a fleet of vehicles on roads and highways in the state, county, city and highway district systems in Idaho and in all other jurisdictions in the preceding year, as defined in section 49-117, Idaho Code, and by the maximum gross weight of each vehicle within a fleet.

(b) If the owner registers vehicles under the international registration plan and determines that the average international registration plan fleet miles, calculated by dividing the total IRP fleet miles in all jurisdictions by the number of registered vehicles, is less than fifty thousand one (50,001) miles, the owner may apply to the department for refund of a portion of the registration fees paid, consistent with the fee schedules set forth in this section. The department shall provide an application for the refund. An owner making application for refund under this section shall be subject to auditing as provided in section 49-439, Idaho Code.

(c) If the owner is not registering vehicles under the international registration plan, the appropriate mileage column shall be determined by the total miles the owner operated each of the vehicles to be registered on roads and highways in the state, county, city and highway district systems in Idaho in the preceding year and by the maximum gross weight of each vehicle.

Maximum Gross Weight of Vehicle (Pounds) Total Miles Driven 1 to 7,501 to 20,001 to 35,001 to Over 7,500 20,000 35,000 50,000 50,000 60,001-62,000 $223 $ 511 $ 789 $1,068 $1,560 62,001-64,000 $251 $ 576 $ 890 $1,205 $1,760 64,001-66,000 $280 $ 642 $ 992 $1,342 $1,960 66,001-68,000 $309 $ 707 $1,093 $1,479 $2,160 68,001-70,000 $337 $ 773 $1,194 $1,615 $2,360 70,001-72,000 $366 $ 838 $1,295 $1,752 $2,560 72,001-74,000 $394 $ 904 $1,396 $1,889 $2,760 74,001-76,000 $423 $ 969 $1,498 $2,026 $2,960 76,001-78,000 $451 $1,035 $1,599 $2,163 $3,160 78,001-80,000 $480 $1,100 $1,700 $2,300 $3,360 80,001-82,000 $494 $1,133 $1,751 $2,368 $3,460 82,001-84,000 $509 $1,165 $1,801 $2,437 $3,560 84,001-86,000 $523 $1,198 $1,852 $2,505 $3,660 86,001-88,000 $537 $1,231 $1,902 $2,574 $3,760 88,001-90,000 $551 $1,264 $1,953 $2,642 $3,860 90,001-92,000 $566 $1,296 $2,004 $2,711 $3,960 92,001-94,000 $580 $1,329 $2,054 $2,779 $4,060 94,001-96,000 $594 $1,362 $2,105 $2,848 $4,160 96,001-98,000 $609 $1,395 $2,155 $2,916 $4,260 98,001-100,000 $623 $1,427 $2,206 $2,985 $4,360 100,001-102,000 $637 $1,460 $2,257 $3,053 $4,460 102,001-104,000 $651 $1,493 $2,307 $3,121 $4,560 104,001-106,000 $666 $1,526 $2,358 $3,190 $4,660 106,001-108,000 $680 $1,558 $2,408 $3,258 $4,760 108,001-110,000 $694 $1,591 $2,459 $3,327 $4,860 110,001-112,000 $709 $1,624 $2,510 $3,395 $4,960 112,001-114,000 $723 $1,657 $2,560 $3,464 $5,060 114,001-116,000 $737 $1,689 $2,611 $3,532 $5,160 116,001-118,000 $751 $1,722 $2,661 $3,601 $5,260 118,001-120,000 $766 $1,755 $2,712 $3,669 $5,360 120,001-122,000 $780 $1,788 $2,763 $3,738 $5,460 122,001-124,000 $794 $1,820 $2,813 $3,806 $5,560 124,001-126,000 $809 $1,853 $2,864 $3,874 $5,660 126,001-128,000 $823 $1,886 $2,914 $3,943 $5,760 128,001-129,000 $837 $1,918 $2,965 $4,011 $5,860

In addition to the registration fees provided for in this subsection, there shall be an additional registration fee imposed of twenty-five dollars ($25.00).

(d) In addition to the fees set forth in paragraphs (a) and (c) of this subsection, an owner or operator may purchase a temporary permit as provided in section 49-432(2), Idaho Code, for operation of a vehicle at a weight in excess of the current, valid, registered maximum gross vehicle weight. The permit so issued shall be specific to the motor vehicle to which it is issued. No permit or fee shall be transferable or apportionable to any other vehicle, nor shall any such fee be refundable.

(e) Any commercial or farm vehicle registered for more than sixty thousand (60,000) pounds up to one hundred six thousand (106,000) pounds traveling fewer than two thousand five hundred (2,500) miles annually on roads and highways in the state, county, city and highway district systems in Idaho shall pay an annual registration fee of two hundred fifty-five dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not apply to vehicles registered under this paragraph.

(9)(a) During the first registration year that the fee schedule in subsection (8)(c) of this section is in use, an owner shall use the mileage data from the records used to report the mileage use fee in the immediately preceding year as the basis for determining the appropriate registration fee schedule.

(b) Any owner who registers a motor vehicle for the first time and who has no mileage history for the vehicle shall estimate the miles to determine the appropriate fee schedule in subsection (8)(c) of this section. When estimating the miles, the owner shall provide a statement on the application of the method used to arrive at the estimated miles.

(c) Any owner using any fee schedule other than the highest fee schedule under subsection (8)(c) of this section shall certify at the time of registration that the miles operated in the preceding year do not exceed the schedule applied for. Any owner using a fee schedule under subsection (8)(c) of this section that is less than the highest schedule shall maintain records to substantiate the use of the schedule as required by section 49-439, Idaho Code.

(10) An owner registering under subsection (8)(a) or (8)(c) of this section may elect to pay the full annual registration fee at the time of registration or renewal of registration, or an owner may pay at least one-quarter (1/4) of the annual registration fee due. The remainder of the annual Idaho registration fee shall be paid in three (3) equal installments on dates as billed by the department.

(11) An owner registering or renewing a registration under subsection (8) (a) of this section electing to use installment payments as provided in subsection (10) of this section shall pay all of the fees due to other IRP jurisdictions in addition to one-quarter (1/4) of the Idaho fee due at the time of registration or reregistration. The remainder of the annual Idaho registration fee shall be paid in three (3) equal installments on dates as billed by the department.

(12) If any vehicle or combinations of vehicles haul nonreducible loads, as authorized under the provisions of section 49-1004, Idaho Code, and weigh less than the starting weights per axle configuration listed in column 1 of section 49-1004(2), Idaho Code, then and in that event there shall be paid for that vehicle, in addition to the other fees required in this section, an additional use fee of 2.1 mills per mile for each two thousand (2,000) pounds or fraction thereof of the maximum gross weight in excess of those set forth in section 49-1001, Idaho Code.

History:

[49-434, added 1988, ch. 265, sec. 96, p. 625; am. 1989, ch. 310, sec. 18, p. 791; am. 1989, ch. 318, sec. 6, p. 823; am. 1990, ch. 197, sec. 3, p. 441; am. 1991, ch. 295, sec. 2, p. 772; am. 1992, ch. 35, sec. 21, p. 123; am. 1992, ch. 253, sec. 1, p. 738; am. 1992, ch. 261, sec. 19, p. 771; am. 1993, ch. 273, sec. 1, p. 914; am. 1993, ch. 399, sec. 1, p. 1463; am. 1994, ch. 246, sec. 3, p. 767; am. 1994, ch. 311, sec. 2, p. 979; am. 1997, ch. 51, sec. 1, p. 87; am. 1998, ch. 108, sec. 1, p. 368; am. 1998, ch. 392, sec. 11, p. 1212; am. 2000, ch. 62, p. 134; am. 2000, ch. 418, sec. 7, p. 1340; am. 2001, ch. 73, sec. 11, p. 162; am. 2001, ch. 185, sec. 1, p. 643; am. 2001, ch. 353, sec. 1, p. 1235; am. 2001, ch. 355, sec. 3, p. 1245; am. 2007, ch. 23, sec. 1, p. 41; am. 2009, ch. 330, sec. 2, p. 942; am. 2013, ch. 88, sec. 3, p. 215; am. 2013, ch. 153, sec. 1, p. 356; am. 2015, ch. 341, sec. 2, p. 1278; am. 2020, ch. 125, sec. 5, p. 386; am. 2026, ch. 9, sec. 8, p. 71.]
Idaho Code § 49-708 — Idaho Code / Title 49 / Chapter 7 / Section 49-708
49-708 PEDESTRIANS ON HIGHWAYS.
Status: in_force

49-708. Pedestrians on highways. (1) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(2) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.

(3) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-way highway, shall walk only on the left side of the highway.

(4) Except as otherwise provided in this title, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.

History:

[49-708, added 1988, ch. 265, sec. 199, p. 677.]
Idaho Code § 49-426 — Idaho Code / Title 49 / Chapter 4 / Section 49-426
49-426 EXEMPTIONS FROM OPERATING FEES.
Status: in_force

49-426. EXEMPTIONS FROM OPERATING FEES. The provisions of this chapter with respect to operating fees must 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 the provisions of this chapter are applicable.

(2) Farm tractors, implements of husbandry, manufactured homes that qualify for an exemption under the provisions of section 49-422, Idaho Code, road rollers, wheel-mounted tar buckets, portable concrete 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 that are temporarily operated or moved upon the highways need not be registered under the provisions of this chapter, nor will 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 are exempt from registration requirements under the provisions of this chapter. Motorcycles and off-highway vehicles need not be licensed under the provisions of this chapter or numbered pursuant to the provisions of sections 67-7122 and 67-7124, 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 must be limited to travel between farm or ranch locations. Motorcycles and off-highway vehicles used for this purpose must meet the emblem requirements of section 49-619, Idaho Code.

(3) Off-highway vehicles licensed pursuant to this chapter and numbered pursuant to section 67-7122 or 67-7124, Idaho Code, and those vehicles exempt from licensing and numbering pursuant to subsection (2) of this section are permitted to operate on:

(a) All highways that are not state highways and that are not interstate highways;

(b) Any non-full access-controlled state highway within the boundaries of a municipality and extending one (1) mile from such boundary lines where the posted speed limit is sixty (60) miles per hour or less; and

(c) Any non-full access-controlled state highway outside of municipalities where the posted speed limit is sixty-five (65) miles per hour or less for continuous distances of no more than five (5) miles for the limited purpose of connecting between OHV trails, obtaining access to or from an OHV trail, or to access necessary services such as fuel, lodging, food and beverage, and maintenance.

(4) Off-highway vehicles licensed pursuant to this chapter and numbered pursuant to section 67-7122 or 67-7124, Idaho Code, and those vehicles exempt from licensing and numbering pursuant to subsection (2) of this section must be permitted to cross a highway, except interstate highways and full access-controlled state highways, at a public road intersection and at any point where an OHV trail intersects, provided the vehicle comes to a full and complete stop before making the crossing and yields to any highway traffic.

(5) The operation of off-highway vehicles licensed pursuant to this chapter and numbered pursuant to section 67-7122 or 67-7124, Idaho Code, and those vehicles exempt from licensing and numbering pursuant to subsection (2) of this section are not permitted on interstate highways and full access-controlled state highways, provided that the Idaho transportation board may designate sections of such state highways upon which off-highway vehicles may travel.

(6) The Idaho transportation board may, after sufficient public notice is given and a public hearing held, designate sections of state highways that are closed or limited to off-highway vehicle use. The Idaho transportation board must deliver written notice to the director of the Idaho department of parks and recreation at least thirty (30) days before the public hearing and must accept and consider any comment from the director of the Idaho department of parks and recreation received within the thirty (30) day period or at the public hearing.

(7) 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 that are closed or limited to off-highway vehicle use. Notice of any such public hearing must be delivered in writing at least thirty (30) days in advance to the director of the Idaho department of parks and recreation. A political subdivision must accept and consider any comment from the director of the Idaho department of parks and recreation received within the thirty (30) day period or at the public hearing.

(8) When operating an off-highway vehicle upon highways, off-highway vehicles must not travel at speeds greater than the posted speed limit or forty-five (45) miles per hour, whichever is less.

(9) The requirements of title 18 and chapters 2, 3, 6, 8, 12, 13, and 14, title 49, Idaho Code, apply to the operation of off-highway vehicles upon highways.

(10) Off-highway vehicles may be used on highways located on state lands or federal lands that are not part of the highway system of the state of Idaho, provided the numbering requirements of section 67-7122 or 67-7124, Idaho Code, are met.

History:

[49-426, added 2021, ch. 171, sec. 3, p. 476; am. 2022, ch. 205, sec. 1, p. 665.]
Idaho Code § 49-636 — Idaho Code / Title 49 / Chapter 6 / Section 49-636
49-636 ONE-WAY HIGHWAYS.
Status: in_force

49-636. One-way highways. Upon a highway designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by traffic-control devices.

History:

[49-636, added 1988, ch. 265, sec. 165, p. 663.]
Idaho Code § 49-2904 — Idaho Code / Title 49 / Chapter 29 / Section 49-2904
49-2904 RURAL ECONOMIC DEVELOPMENT AND INTEGRATED FREIGHT TRANSPORTATION REVOLVING LOAN FUND.
Status: in_force

49-2904. Rural economic development and integrated freight transportation revolving loan fund. (1) The rural economic development and integrated freight transportation revolving loan fund is hereby created in the state treasury. The department of agriculture is authorized to administer the rural economic development and integrated freight transportation revolving loan fund. Moneys in the fund shall be used only for the purposes specified in this chapter. Surplus moneys in the fund shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other surplus or idle moneys in the state treasury. Interest earned on the investments shall be returned to the rural economic development and integrated freight transportation revolving loan fund.

(2) Moneys in the fund are subject to appropriation and may consist of appropriations, grants, repayment of loans and other revenues from any other sources.

(3) Moneys in the fund may be used for loans or grants for qualified rural projects for the development and preservation of intermodal rail and truck services and facilities upon terms and conditions to be determined by the department of agriculture with the assistance and advice of the interagency working group as appropriate, for the purpose of:

(a) Rehabilitating, or improving rail lines to preserve essential local rail service;

(b) Purchasing or rehabilitating railroad equipment necessary to maintain essential rail service;

(c) Construction of loading or reloading facilities or other capital improvements including building or improving local transportation infrastructure, to increase business and commerce, and to improve shipping service; or

(d) Coordinating intermodal truck and rail traffic for integrated rural freight transportation.

(4) For the purposes of this chapter, "qualified lines" means class III short lines, branch lines of class I railroads leased or operated by a class III railroad, branch lines of class II railroads, and lines owned by public entities including port districts and intermodal commerce authorities. Definitions of class I, II and III railroads shall be as defined by the federal railroad administration.

(5) Moneys received by the department of agriculture from loan payments or other revenues shall be redeposited in the rural economic development and integrated freight transportation fund. Repayment of loans made under this chapter shall occur within a period as set by the department, but no repayment which exceeds fifteen (15) years shall be allowed. The repayment schedule and rate of interest shall be determined before the moneys are distributed.

(6) Moneys distributed under the provisions of this chapter shall be provided as loans to qualified lines or shippers.

(7) As interest funds allow, authorize matching grants not to exceed one hundred thousand dollars ($100,000) per grant for planning and development of intermodal commerce authorities as provided in chapter 22, title 70, Idaho Code, upon conditions established in subsection (3) of this section.

History:

[(49-2904) 49-2903, added 2001, ch. 348, sec. 2, p. 1226; am. and redesig. 2006, ch. 413, sec. 5, p. 1254; am. 2007, ch. 339, sec. 4, p. 992; am. 2007, ch. 360, sec. 18, p. 1077; am. 2008, ch. 154, sec. 1, p. 444; am. 2009, ch. 92, sec. 1, p. 268.]
Idaho Code § 49-318 — Idaho Code / Title 49 / Chapter 3 / Section 49-318
49-318 DUPLICATE DRIVER LICENSES AND SUBSTITUTE PERMITS.
Status: in_force

49-318. Duplicate driver licenses and substitute permits. (1) The holder of any instruction permit, class A, B, C or D, restricted school attendance driving permit, or seasonal driver's license which is lost or destroyed, or a licensee whose name is legally changed, may apply for a duplicate driver's license or substitute permit. A duplicate driver's license or substitute permit will be issued upon:

(a) Payment of the fee as provided in section 49-306, Idaho Code;

(b) Furnishing satisfactory proof that the permit, class A, B, C or D, restricted school attendance driving permit, or seasonal driver's license has been lost or destroyed, or that the licensee's name has been legally changed; and

(c) Furnishing proof of the applicant's identity acceptable to the examiner or the department and date of birth as set forth in a certified copy of his birth certificate or another document that provides evidence of a person's date of birth acceptable to the examiner or department. In the case of a name change, the applicant shall provide legal documentation acceptable to the department to verify the change.

(2) A duplicate driver's license or substitute permit shall not be issued, as provided in subsection (1) of this section, if the license or permit is suspended, revoked, canceled or disqualified in this state or any other jurisdiction or if the applicant has applied for, or has been issued, a license or permit in another jurisdiction.

(3) The holder of any instruction permit, class A, B, C or D, restricted school attendance driving permit, or seasonal driver's license who requests a duplicate driver's license or substitute permit as provided in subsection (1) of this section, may request that the notation "permanently disabled" be imprinted on the permit or license and the department shall imprint "permanently disabled" on the permit or license if:

(a) The person has a permanent disability; and

(b) The person presents written certification from a licensed physician verifying that the person's stated impairment qualifies as a permanent disability as provided in section 49-117, Idaho Code; and

(c) The department determines that the person meets the requirements for issuance of a permit or license as specified in section 49-313, Idaho Code.

History:

[49-318, added 1988, ch. 265, sec. 52, p. 597; am. 1989, ch. 88, sec. 30, p. 180; am. 1990, ch. 45, sec. 21, p. 96; am. 1992, ch. 115, sec. 14, p. 365; am. 1993, ch. 300, sec. 5, p. 1113; am. 1995, ch. 339, sec. 4, p. 1126; am. 1996, ch. 371, sec. 10, p. 1262; am. 1998, ch. 110, sec. 21, p. 405; am. 1999, ch. 81, sec. 11, p. 253; am. 2001, ch. 332, sec. 3, p. 1169; am. 2002, ch. 235, sec. 7, p. 706; am. 2025, ch. 259, sec. 4, p. 1140.]
Idaho Code § 49-325 — Idaho Code / Title 49 / Chapter 3 / Section 49-325
49-325 MANDATORY REVOCATION BY DEPARTMENT — TEMPORARY RESTRICTED PERMIT.
Status: in_force

49-325. Mandatory revocation by department — Temporary restricted permit. (1) The department shall revoke the operating privilege of any driver upon receiving a record of the person's conviction of any of the following offenses, when the conviction has become final, if the court has not ordered the suspension or revocation of the privilege:

(a) Vehicular manslaughter;

(b) Any felony in the commission of which a motor vehicle is used, except that a court of competent jurisdiction shall have exclusive authority to suspend or revoke operating privileges upon conviction of a violation of the provisions of section 18-8004 or 18-8006, Idaho Code;

(c) Perjury or the making of a false affidavit or statement under oath to the department under any law relating to the ownership or operation of motor vehicles;

(d) Conviction, or forfeiture of bail, upon three (3) charges of reckless driving committed within a period of twelve (12) months;

(e) Conviction of a violation of the provisions of section 49-1301, Idaho Code. Revocation in this event shall be for a period of not less than one (1) year.

(2) Whenever any driver's license, permit or operating privilege has been revoked by the department on the basis of subsections (1)(b) through (1)(e) of this section, the department may issue a temporary restricted permit, except when restricted operating privileges are specifically prohibited by other provisions of law.

(a) A temporary restricted permit shall specify the restrictions as to time and area of use and any further restrictions as the department, in its discretion, may impose.

(b) A temporary restricted permit may be issued to grant noncommercial driving privileges, but no temporary restricted permit shall be issued which grants driving privileges to operate a commercial motor vehicle.

History:

[49-325, added 1988, ch. 265, sec. 59, p. 601; am. 1989, ch. 88, sec. 37, p. 183; am. 2005, ch. 352, sec. 7, p. 1106.]
Idaho Code § 49-524 — Idaho Code / Title 49 / Chapter 5 / Section 49-524
49-524 SALVAGE CERTIFICATE OF TITLE OR ELECTRONIC FILE TO REPLACE CERTIFICATE OF TITLE OR CERTIFICATE OF ORIGIN ON VEHICLES.
Status: in_force

49-524. Salvage certificate of title or electronic file to replace certificate of title or certificate of origin on vehicles. (1) Every person acquiring a vehicle that has been determined to be a salvage vehicle shall obtain a salvage certificate of title on that vehicle.

(2) The salvage certificate of title shall replace the manufacturer's certificate of origin, manufacturer's statement of origin, certificate of title or other comparable ownership document and shall indicate ownership only; it shall not be valid for registration purposes.

(3) A salvage certificate of title shall be issued by the department or under the direction of the department and shall be on a form or electronic file as prescribed by the department. The form shall provide for assignments of the salvage certificate of title.

(4) The fee for a salvage certificate of title or electronic filing of a salvage certificate of title shall be in accordance with the provisions of section 49-202(2)(b), Idaho Code. The fee shall be deposited in the state highway account.

(5) Every insurer making payment for a vehicle that has been determined to be a salvage vehicle shall, within thirty (30) days from receipt of the properly released manufacturer's certificate of origin, manufacturer's statement of origin, certificate of title or other comparable ownership document, surrender such document to the department, along with an application for salvage certificate of title, the salvage certificate of title fee and other documents as required by the department for processing. The department shall issue a salvage certificate of title to the applicant if all requirements have been satisfied.

(6) If a salvage pool receives a manufacturer's certificate of origin, manufacturer's statement of origin, certificate of title or other comparable ownership document for a vehicle that has been determined to be a salvage vehicle, the salvage pool shall, within thirty (30) days and upon receipt of the properly released ownership document, surrender such document to the department, along with an application for salvage certificate of title, the salvage certificate of title fee and other documents as required by the department for processing. The department shall issue a salvage certificate of title to the applicant if all requirements have been satisfied.

(7) If an insurer has made payment for a salvage vehicle and the insurer or a salvage pool is unable to obtain a properly released manufacturer's certificate of origin, manufacturer's statement of origin, certificate of title or other comparable ownership document for the salvage vehicle within thirty (30) days after the acceptance by the owner of an amount in settlement of a total loss, then the insurer or salvage pool may submit an application for salvage certificate of title to the department without having first obtained one (1) of the aforementioned ownership documents. In place of one (1) of the aforementioned ownership documents, the insurer or the salvage pool shall submit to the department the following: a sworn statement that it made at least two (2) written attempts to obtain from the owner the properly released manufacturer's certificate of origin, manufacturer's statement of origin, certificate of title or other comparable ownership document by sending notice to the owner at the owner's address of record with the department, together with a copy of each such written attempt. Additionally, the insurer or salvage pool shall include proper evidence of the satisfaction or discharge of any lien or encumbrance properly noted upon the certificate of title or upon the electronic records of the department, an application for salvage certificate of title, the salvage certificate of title fee, indemnifying affidavit and other documents as required by the department for processing. The department shall issue a salvage certificate of title if all requirements have been satisfied.

(8) It is a misdemeanor, punishable by up to six (6) months in jail, a fine of one thousand dollars ($1,000) or both, if the owner of a retained salvage vehicle fails to surrender the title and be issued a salvage certificate of title, or to sell the vehicle and not tell the buyer that the vehicle is totaled.

(9) If an insurer has allowed the owner to retain ownership of the salvage vehicle, the owner must surrender the certificate of title for such vehicle to the department not later than thirty (30) days from the date that the claim was satisfied. The insurer must notify the department of a total loss payoff within thirty (30) days. The department shall issue a salvage certificate of title to the owner prior to any sale or disposition of the salvage vehicle.

(10) If an insurer acquires the manufacturer's certificate of origin, manufacturer's statement of origin, certificate of title or other comparable ownership document for a vehicle in a settlement of a theft claim, the insurer shall immediately, upon receipt of the properly released ownership document, surrender such document to the department, along with an application for salvage certificate of title in the name of the insurer, the salvage certificate of title fee and other documents as required by the department for processing.

(11) If an insurer has acquired a vehicle in a settlement of a theft claim, has made application to and has been issued a new salvage certificate of title in the name of the insurer and the vehicle is subsequently recovered and is not damaged to the extent that it is a salvage vehicle, the insurer may complete an affidavit indemnifying the department stating the facts of acquisition and disposition of the vehicle in a form prescribed by the department and deliver the salvage certificate of title of ownership, affidavit and any other documents required by the department to the transferee at the time of delivery of the vehicle. When these documents are submitted with an application for title, the subsequent title for the vehicle will not be issued with the brand "rebuilt salvage" based on the theft incident, but a notation of "theft recovery" shall be made on the title certificate and title record.

(12) Any person acquiring ownership of a salvage vehicle purchased in a state or jurisdiction that does not require surrender of the certificate of title or comparable ownership document shall, within thirty (30) days following delivery of the certificate of title or ownership document, surrender such title or document to the department and apply for a salvage certificate of title.

(13) An owner of a salvage vehicle who sells or transfers said vehicle shall provide a properly executed assignment of the salvage certificate of ownership to the transferee.

(14) A purchaser of a salvage vehicle shall not possess or retain a salvage vehicle without a salvage certificate of title. The salvage vehicle purchaser shall display the salvage certificate of title upon the request of any peace officer or agent of the department.

History:

[49-524, added 1989, ch. 285, sec. 7, p. 707; am. 1994, ch. 296, sec. 3, p. 937; am. 1995, ch. 162, sec. 1, p. 641; am. 1996, ch. 327, sec. 2, p. 1119; am. 2001, ch. 73, sec. 16, p. 168; am. 2006, ch. 102, sec. 1, p. 280; am. 2008, ch. 84, sec. 2, p. 219; am. 2011, ch. 143, sec. 1, p. 404; am. 2013, ch. 89, sec. 1, p. 219; am. 2014, ch. 38, sec. 15, p. 83.]
Idaho Code § 49-328 — Idaho Code / Title 49 / Chapter 3 / Section 49-328
49-328 REINSTATEMENT OF REVOKED, DISQUALIFIED OR SUSPENDED DRIVER'S LICENSE — FEE — WHEN REINSTATEMENT PROHIBITED.
Status: in_force

49-328. Reinstatement of revoked, disqualified or suspended driver's license — Fee — When reinstatement prohibited. (1) When the period of revocation, disqualification or suspension of a driver's license has expired, or the reason for the revocation, disqualification or suspension no longer exists, the department shall reinstate the driver's license or driving privileges on application of the driver.

(2) The application shall be in the form prescribed by the department and accompanied by a reinstatement fee of twenty-five dollars ($25.00) which shall be deposited in the state highway account.

(3) A driver's license shall not be suspended for failure to pay an infraction penalty. All driver's licenses suspended prior to July 1, 2018, for failure to pay an infraction penalty shall be reinstated upon application and without charge to the applicant.

(4) In addition to any other fees required in this section to be collected, the department shall collect sixty dollars ($60.00) for reinstating a driver's license after conviction for driving under the influence, without privileges, and after conviction or other violation of any other traffic-related misdemeanor or infraction, of which fees forty dollars ($40.00) shall be paid over to the county treasurer of the county in which the conviction occurred for support of that county's justice fund, or the current expense fund if no county justice fund has been established, and the twenty dollars ($20.00) shall be deposited in the state highway account.

(5) In addition to any other fees required in this section to be collected, the department shall collect two hundred dollars ($200) for reinstating a driver's license after a suspension imposed under the provisions of section 18-8002 or section 18-8002A, Idaho Code, or after a revocation, disqualification or suspension arising out of any alcohol or drug-related offense, other than a suspension imposed upon a person under eighteen (18) years of age pursuant to section 18-1502(d), Idaho Code. Funds collected pursuant to this subsection shall be deposited in the state highway account.

(6) When there is more than one (1) reason why a driver's license was revoked or suspended or why a driver was disqualified, the department shall not collect multiple fees for reinstatement, but shall only collect one (1) reinstatement fee, which shall be the greater reinstatement fee, provided however, the department shall collect a reinstatement fee for each revocation, disqualification or suspension under chapter 80, title 18, Idaho Code.

History:

[49-328, added 1988, ch. 265, sec. 62, p. 604; am. 1989, ch. 88, sec. 40, p. 185; am. 1990, ch. 45, sec. 27, p. 101; am. 1990, ch. 216, sec. 3, p. 582; am. 1990, ch. 432, sec. 2, p. 1198; am. 1992, ch. 115, sec. 20, p. 370; am. 1993, ch. 413, sec. 3, p. 1523; am. 1994, ch. 357, sec. 3, p. 1125; am. 1997, ch. 227, sec. 2, p. 665; am. 1997, ch. 238, sec. 5, p. 699; am. 1999, ch. 81, sec. 14, p. 257; am. 2008, ch. 18, sec. 4, p. 27; am. 2009, ch. 331, sec. 4, p. 955; am. 2018, ch. 298, sec. 3, p. 707.]
Idaho Code § 49-1404 — Idaho Code / Title 49 / Chapter 14 / Section 49-1404
49-1404 FLEEING OR ATTEMPTING TO ELUDE A PEACE OFFICER — PENALTY.
Status: in_force

49-1404. Fleeing or attempting to elude a peace officer — Penalty. (1) Any driver of a motor vehicle who wilfully flees or attempts to elude a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by a peace officer may be by emergency lights or siren. The signal given by a peace officer by emergency lights or siren need not conform to the standards for decibel ratings or light visibility specified in section 49-623(3), Idaho Code. It is sufficient proof that a reasonable person knew or should have known that the visual or audible signal given by a peace officer was intended to bring the pursued vehicle to a stop.

(2) An operator who violates the provisions of subsection (1) and while so doing:

(a) Travels in excess of thirty (30) miles per hour above the posted speed limit;

(b) Causes damage to the property of another or bodily injury to another;

(c) Drives his vehicle in a manner as to endanger or likely to endanger the property of another or the person of another; or

(d) Leaves the state;

is guilty of a felony.

(3) The department shall suspend the driver's license or privileges of a person who has pled guilty or is found guilty of a misdemeanor violation of the provisions of this section, notwithstanding the form of the judgment or withheld judgment, as provided in section 49-326, Idaho Code. Any person who has pled guilty or is found guilty of a felony violation of the provisions of this section, notwithstanding the form of the judgment or withheld judgment, shall have his driving privileges suspended by the court for a minimum of one (1) year, which may extend to three (3) years, at the discretion of the court, during which time he shall have absolutely no driving privileges of any kind.

History:

[49-1404, added 1988, ch. 265, sec. 340, p. 745; am. 1989, ch. 88, sec. 54, p. 192; am. 1992, ch. 115, sec. 33, p. 376; am. 1993, ch. 164, sec. 1, p. 416; am. 1994, ch. 165, sec. 1, p. 373; am. 1996, ch. 255, sec. 1, p. 836.]
Idaho Code § 49-417 — Idaho Code / Title 49 / Chapter 4 / Section 49-417
49-417 IDAHO WILDLIFE SPECIAL PLATES.
Status: in_force

49-417. Idaho wildlife special plates. (1) Any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for any one (1) of three (3) Idaho wildlife special license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.

(2) In addition to the regular operating fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited by the state treasurer in the fish and game set-aside account pursuant to section 36-111, Idaho Code, for use in the nongame wildlife program. This fee shall be treated as a contribution to the nongame wildlife program, and shall not be considered a motor vehicle registration fee as described in section 17, article VII, of the constitution of the state of Idaho.

(a) The fish and game commission shall designate one dollar and twenty-five cents ($1.25) of each initial fee and seventy-five cents (75¢) of each renewal fee from the elk wildlife special plate to the department of fish and game's wildlife disease laboratory program to be used for testing, surveillance and detection of diseases that may affect wildlife including, but not limited to, chronic wasting disease.

(b) The state controller shall annually, by August 1 of each year, transfer an amount equivalent to one dollar and twenty-five cents ($1.25) of each initial elk wildlife special plate and seventy-five cents (75¢) of each renewal elk wildlife special plate sold in the prior fiscal year from the fish and game set-aside account to the department of agriculture's livestock disease control fund to be used for testing, surveillance and detection of wildlife diseases and domestic livestock diseases that may affect wildlife including, but not limited to, brucellosis and chronic wasting disease.

(c) The state controller shall annually, by August 1 of each year, transfer an amount equivalent to two dollars and fifty cents ($2.50) of each initial cutthroat wildlife special plate and one dollar and twenty-five cents ($1.25) of each renewal cutthroat wildlife plate sold in the prior fiscal year from the fish and game set-aside account to the department of parks and recreation fund established in section 67-4225, Idaho Code, for the construction and maintenance of nonmotorized boating access facilities for anglers.

Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. He may only display the plates after receipt of new registration from the department.

(3) Each Idaho wildlife license plate shall be of a color and design acceptable to the board of directors of the Idaho fish and wildlife foundation and approved by the department, utilizing a numbering system as determined by the department. The Idaho fish and wildlife foundation is authorized to design more than one (1) wildlife plate, but the department may not allow more than three (3) different designs to be in use at any one (1) time. Initial costs of the plate program including costs of plate design shall be paid by the Idaho fish and wildlife foundation.

(4) Sample Idaho wildlife plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account to be used to fund the cost of administration of this special license plate program. Twenty dollars ($20.00) of the purchase fee shall be deposited in the fish and game set-aside account pursuant to section 36-111, Idaho Code, for use in the nongame wildlife program.

History:

[49-417, added 1992, ch. 190, sec. 1, p. 593; am. 1998, ch. 113, sec. 13, p. 426; am. 1998, ch. 336, sec. 1, p. 1081; am. 1999, ch. 315, sec. 2, p. 784; am. 2000, ch. 87, sec. 17, p. 201; am. 2002, ch. 362, sec. 1, p. 1021.]
Idaho Code § 49-1213 — Idaho Code / Title 49 / Chapter 12 / Section 49-1213
49-1213 NOTICE OF CANCELLATION OR TERMINATION OF CERTIFIED POLICY.
Status: in_force

49-1213. Notice of cancellation or termination of certified policy. When an insurance carrier has certified a motor vehicle liability policy under section 49-1210, Idaho Code, the insurance so certified shall not be cancelled or terminated until at least ten (10) days after a notice of cancellation or termination of the insurance so certified shall be filed with the department. A policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.

History:

[49-1213, added 1988, ch. 265, sec. 303, p. 732; am. 1992, ch. 115, sec. 27, p. 373.]
Idaho Code § 49-2438 — Idaho Code / Title 49 / Chapter 24 / Section 49-2438
49-2438 OVERTIME COMPENSATION — MINIMUM WAGE LAWS.
Status: in_force

49-2438. Overtime compensation — Minimum wage laws. The mere fact that an employee participates in any kind of ridesharing arrangement shall not result in the application of chapter 15, title 44, Idaho Code, laws requiring payment of a minimum wage, overtime pay or otherwise regulating the hours a person may work.

History:

[49-2438, added 1988, ch. 265, sec. 495, p. 830.]
Idaho Code § 49-202 — Idaho Code / Title 49 / Chapter 2 / Section 49-202
49-202 DUTIES OF DEPARTMENT.
Status: in_force

49-202. Duties of department. (1) All registration and driver's license records in the office of the department shall be public records and open to inspection by the public during normal business hours, except for those records declared by law to be for the confidential use of the department, or those records containing personal information subject to restrictions or conditions regarding disclosure. If the department has contracted for a service to be provided by another entity, an additional fee shall be charged by that contractor whether the service is rendered during normal business hours, other than normal business hours or on weekends.

(2) In addition to other fees required by law to be collected by the department, the department shall collect the following:

(a) For certifying a copy of any record pertaining to any vehicle license, any certificate of title, or any driver's license

(b) For issuing every Idaho certificate of title

(c) For furnishing a duplicate copy of any Idaho certificate

of title

(d) For issuance or transfer of every certificate of title on a new or used vehicle or other titled vehicle in an expedited manner (rush titles), in addition to any other fee required by this section

(e) For recording a transitional ownership document, in addition to any other fee required by this section

(f) For furnishing a replacement of any physical receipt

of registration

(g) For furnishing copies of registration or ownership of motor vehicles or driver's license records, per vehicle registration, accident report records, title or per driver's license record

Additional contractor fee, not to exceed

(h) For services in searching files of vehicle or other

registrations, vehicle titles, or driver's licenses per hour

(i) Placing "stop" cards in vehicle registration or title

files, each

(j) For issuance of an assigned or replacement vehicle

identification number (VIN)

(k) For a vehicle identification number (VIN) inspection whether conducted by a city or county peace officer or any other peace officer or designated agent of the state of Idaho, per inspection

(l) For all replacement stickers, each

(m) For issuing letters of temporary vehicle clearance

to Idaho-based motor carriers

(n) For all sample license plates, each

(o) For filing release of liability statements

(p) For safety and insurance programs for each vehicle operated

by a motor carrier

A lesser amount may be set by rule of the board.

(3) The fees required in this section shall not apply when the service is furnished to any federal, state, county or city peace officer when such service is required in the performance of their duties as peace officers.

(4) The department may enter into agreements with private companies or public entities to provide the services for which a fee is collected in subsection (2)(g) of this section. Such private contractor shall collect the fee prescribed and remit the fee to the department. The contractor shall also collect and retain the additional fee charged for his services.

(5)(a) The department shall pay three dollars ($3.00) of the fee collected by a county assessor or other authorized agent of the department as provided in subsection (2)(a) through (f) of this section, and four dollars ($4.00) as provided in subsection (2)(g) of this section, to the county assessor or sheriff of the county or authorized agent of the department collecting such fee, which shall be deposited with the county treasurer and credited to the county current expense fund when collected by the county. When fees are collected by the department or an authorized agent of the department, such fees shall be deposited with the issuing entity. The remainder of the fees collected as provided in that subsection shall be paid by the department to the state treasurer and placed in the state highway account.

(b) The fee collected under subsection (2)(k) of this section for a VIN inspection shall be placed in the city general fund if conducted by a city peace officer, in the county current expense fund if conducted by a county peace officer, shall be retained by the special agent authorized to perform the inspection, or paid to the state treasurer and placed to the credit of the Idaho state police if conducted by the Idaho state police or in the state highway account if conducted by the department.

(c) The fee collected under subsection (2)(o) of this section for filing release of liability statements shall be retained by the county assessor of the county collecting such fee and shall be deposited with the county treasurer and credited to the county current expense fund. Any fees collected by the department for filing release of liability statements shall be retained by the department. However, the fees provided for in subsection (2)(o) of this section shall not apply when a transaction is filed electronically with the department.

(d) The fee in subsection (2)(m) of this section shall not apply when the Idaho-based motor carrier or its representative obtains and prints the document using internet access.

(e) The fee collected under subsection (2)(p) of this section for motor carriers shall be paid by the department to the state treasurer and placed in the state highway account. The director and the director of the Idaho state police shall jointly determine the amount to be transferred from the state highway account to the law enforcement fund for motor carrier safety programs conducted by the Idaho state police pursuant to the provisions of section 67-2901A, Idaho Code.

(6) The department as often as practicable may provide to law enforcement agencies the record of suspensions and revocations of driver licenses via the public safety and security information system (ILETS).

(7) The department shall provide the forms prescribed in chapter 5 of this title, shall receive and file in its office in Ada county all instruments required in chapter 5 of this title to be filed with the department, shall prescribe a uniform method of numbering certificates of title, and shall maintain in the department indices for such certificates of title. All indices shall be by motor or identification number and alphabetical by name of the owner.

(8) The department shall file each registration received under a distinctive registration number assigned to the vehicle and to the owner thereof.

(9) The department shall not renew a driver's license or identification card when fees required by law have not been paid or where fees for past periods are due, owing and unpaid including insufficient fund checks, until those fees have been paid.

(10) The department shall not grant the registration of a vehicle when:

(a) The applicant is not entitled to registration under the provisions of this title; or

(b) The applicant has neglected or refused to furnish the department with the information required in the appropriate form or reasonable additional information required by the department; or

(c) The fees required by law have not been paid, or where fees for past registration periods are due, owing and unpaid including insufficient fund checks.

(11) The department or its authorized agents have the authority to request any person to submit to medical, vision, highway, or written examinations, to protect the safety of the public upon the highways. The department or its authorized agents may exercise such authority based upon evidence which may include, but is not limited to, observations made.

(12) The department shall revoke the registration of any vehicle:

(a) Which the department shall determine is unsafe or unfit to be operated or is not equipped as required by law;

(b) Whenever the person to whom the registration card or registration plate has been issued shall make or permit to be made any unlawful use of the same or permit their use by a person not entitled thereto;

(c) For any violation of vehicle registration requirements by the owner or operator in the current or past registration periods;

(d) Whenever a motor carrier requests revocation, or whenever an interstate carrier's federal operating authority has been revoked;

(e) For failure of the owner or operator to file the reports required or nonpayment of audit assessments or fees assessed against the owner by the department or the state tax commission pursuant to audit under the provisions of section 49-439, Idaho Code;

(f) Identified by any city or county administering a program established by ordinance for the inspection and readjustment of motor vehicles (which program is part of an approved state implementation plan adopted by both the state and federal governments under 42 U.S.C. 7410) as having failed to comply with an ordinance requiring motor vehicle emission inspection and readjustment; provided that no vehicle shall be identified to the department under this subsection unless:

(i) The city or county certifies to the department that the owner of the motor vehicle has been given notice and had the opportunity for a hearing concerning compliance with the ordinance and has exhausted all remedies and appeals from any determination made at such hearing; and

(ii) The city or county reimburses the department for all direct costs associated with the registration revocation procedure.

(13) The department shall not reregister or permit a vehicle to operate on a special trip permit until all fees, penalties and interest have been paid.

(14) The department shall institute educational programs, demonstrations, exhibits and displays.

(15) The department shall cancel a driver's license or identification card when fees required by law have not been paid or where fees are due, owing and unpaid including insufficient fund checks, until those fees have been paid.

(16) The department shall examine persons and vehicles by written, oral, vision and skills tests without compulsion except as provided by law.

(17) The department shall employ expert and special help as needed in the department.

(18) The department shall compile accident statistics and disseminate information relating to those statistics.

(19) The department shall cooperate with the United States in the elimination of road hazards, whether of a physical, visual or mental character.

(20) The department shall place and maintain traffic-control devices, conforming to the board's manual and specifications, upon all state highways as it shall deem necessary to indicate and to carry out the provisions of this title or to regulate, warn, or guide traffic. No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the department except by the latter's permission. The placement and maintenance of such a traffic-control device by a local authority shall be made according to the board's manual and specifications for a uniform system of traffic-control devices.

(21) The department may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and, if it shall find that the structure cannot with safety to itself withstand vehicles traveling at a speed otherwise permissible under this title, shall determine and declare the maximum speed of vehicles which the structure can safely withstand, and shall cause or permit suitable signs stating the maximum speed to be erected and maintained before each end of the structure.

(22) Whenever the department shall determine on the basis of an engineering and traffic investigation that slow speeds on any highway or part of a highway impede the normal and reasonable movement of traffic, the department may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law, and that limit shall be effective when posted upon appropriate fixed or variable signs.

(23) The department shall regulate or prohibit the use of any controlled-access highway by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.

(24) The department shall erect and maintain traffic-control devices on controlled-access highways on which any prohibitions are applicable.

(25) The department and local authorities are authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of those zones and when signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey those directions.

(26) The department and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this title or title 40, Idaho Code.

(27) The department and local highway authorities within their respective jurisdictions may place official traffic-control devices prohibiting, limiting or restricting the stopping, standing or parking of vehicles on any highway where such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles unduly interferes with the free movement of traffic thereon.

(28) On any informational material printed after July 1, 1995, by or at the order of the department and distributed to counties, school districts or individuals for the purpose of assisting a person to successfully pass a driver's license test, the department shall include material about the state's open range law and responsibilities, liabilities and obligations of drivers driving in the open range.

(29) All employees, agents, and contractors of the department who have access to the source systems used by the division of motor vehicles shall be required to complete data security compliance training and to pass a federal bureau of investigation criminal background check. The department shall administer access to and provide for the training required pursuant to this subsection.

History:

[49-202, added 1988, ch. 265, sec. 5, p. 572; am. 1989, ch. 88, sec. 13, p. 167; am. 1989, ch. 310, sec. 8, p. 779; am. 1990, ch. 45, sec. 12, p. 86; am. 1991, ch. 143, sec. 1, p. 337; am. 1991, ch. 214, sec. 1, p. 511; am. 1992, ch. 35, sec. 6, p. 109; am. 1992, ch. 115, sec. 5, p. 354; am. 1992, ch. 173, sec. 1, p. 542; am. 1993, ch. 299, sec. 2, p. 1101; am. 1994, ch. 315, sec. 1, p. 1001; am. 1995, ch. 116, sec. 26, p. 407; am. 1995, ch. 209, sec. 1, p. 710; am. 1996, ch. 271, sec. 1, p. 879; am. 1997, ch. 80, sec. 7, p. 181; am. 1997, ch. 155, sec. 3, p. 443; am. 1998, ch. 110, sec. 9, p. 387; am. 1999, ch. 81, sec. 4, p. 242; am. 1999, ch. 383, sec. 6, p. 1057; am. 2000, ch. 320, sec. 3, p. 1082; am. 2000, ch. 418, sec. 6, p. 1335; am. 2000, ch. 469, sec. 112, p. 1571; am. 2001, ch. 183, sec. 20, p. 629; am. 2004, ch. 234, sec. 1, p. 687; am. 2007, ch. 21, sec. 1, p. 34; am. 2008, ch. 55, sec. 1, p. 138; am. 2009, ch. 331, sec. 2, p. 947; am. 2012, ch. 325, sec. 3, p. 898; am. 2019, ch. 274, sec. 1, p. 803; am. 2020, ch. 38, sec. 1, p. 75; am. 2023, ch. 286, sec. 1, p. 871; am. 2025, ch. 23, sec. 1, p. 67; am. 2026, ch. 9, sec. 1, p. 63; am. 2026, ch. 237, sec. 1, p. 1023.]
Idaho Code § 49-709 — Idaho Code / Title 49 / Chapter 7 / Section 49-709
49-709 PEDESTRIANS SOLICITING RIDES OR BUSINESS.
Status: in_force

49-709. Pedestrians soliciting rides or business. (1) No person shall stand on a highway for the purpose of soliciting a ride.

(2) No person shall stand on a highway for the purpose of soliciting employment, business or contributions from the occupant of any vehicle, provided however, that a person may stand on a highway other than a state or federal highway to solicit contributions if authorized to do so in writing by the local authority having jurisdiction over the highway, and provided further, that any such authorization shall not be valid for more than one (1) year from the date of issuance.

(3) No person shall stand on or in proximity to a highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a highway.

History:

[49-709, added 1988, ch. 265, sec. 200, p. 677; am. 2001, ch. 392, sec. 1, p. 1371.]
Idaho Code § 49-1613 — Idaho Code / Title 49 / Chapter 16 / Section 49-1613
49-1613 UNLAWFUL ACTS BY LICENSEE.
Status: in_force

49-1613. Unlawful acts by licensee. (1) It shall be unlawful for the holder of any license issued under the provisions of this chapter to:

(a) Intentionally publish or circulate any advertising that is misleading or inaccurate in any material particular or that misrepresents any of the products sold or furnished by a licensed dealer;

(b) Violate any of the provisions of this chapter or any of the applicable rules;

(c) Knowingly purchase, sell or otherwise acquire or dispose of a stolen vehicle;

(d) Violate any law respecting commerce in vehicles or any lawful rule respecting commerce in vehicles promulgated by any licensing or regulating authority now existing or hereafter created by the laws of the state;

(e) Engage in the business for which the dealer is licensed without at all times maintaining a principal place of business;

(f) Engage in a type of business respecting the selling or exchanging of vehicles for which he is not licensed;

(g) Knowingly purchase a vehicle that has an altered or removed vehicle identification number plate or alter or remove a vehicle identification number plate;

(h) Violate any provision of this title or any rules promulgated;

(i) Violate any provision of the federal motor vehicle safety standards, federal odometer laws or regulations;

(j) Display for sale, exchange, or sell any vehicle for which the vehicle dealer does not hold title or consignment agreement or other documentary evidence of his right to the possession of every vehicle in his possession; or

(k) Issue more than one (1) temporary permit per vehicle sale pursuant to the provisions set forth in section 49-504(6), Idaho Code.

(2) It shall be unlawful for any manufacturer or distributor licensed under this chapter to require, attempt to require, coerce, or attempt to coerce, any new vehicle dealer in this state to:

(a) Order or accept delivery of any new vehicle, part or accessory, equipment or any other commodity not required by law that shall not have been voluntarily ordered by the new vehicle dealer. This paragraph is not intended to modify or supersede any terms or provisions of a franchise requiring dealers to market a representative line of vehicles that the manufacturer or distributor is publicly advertising.

(b) Order or accept delivery of any new vehicle with special features, accessories or equipment not included in the list price of such vehicles as publicly advertised by the manufacturer or distributor.

(c) Participate monetarily in an advertising campaign or contest, or to purchase any promotional materials, training materials, showroom or other display decorations or materials at the expense of the dealer.

(d) Enter into any agreement with the manufacturer or distributor or to do any other act prejudicial to the dealer by threatening to terminate or cancel a franchise or any contractual agreement existing between the dealer and the manufacturer or distributor. This paragraph is not intended to preclude the manufacturer or distributor from insisting on compliance with reasonable terms or provisions of the franchise or other contractual agreement, and notice in good faith to any dealer of the dealer's violation of those terms or provisions shall not constitute a violation of the provisions of this chapter.

(e) Change the capital structure of the dealer or the means by or through which the dealer finances the operation of the dealership, provided that the dealer at all times meets any reasonable capital standards determined by the manufacturer or distributor in accordance with uniformly applied criteria. No change in the capital structure shall cause a change in the principal management or have the effect of a sale of the franchise without the consent of the manufacturer or distributor. Consent shall not be unreasonably withheld.

(f) Refrain from participation in the management of, investment in, or the acquisition of any other line of new vehicle or related products. This paragraph does not apply unless the dealer maintains a reasonable line of credit for each make or line of new vehicle, and the dealer remains in compliance with any reasonable facilities requirements of the manufacturer or distributor, and no change is made in the principal management of the dealership.

(g) Prospectively assent to a release, assignment, novation, waiver or estoppel that would relieve any person from liability to be imposed by this chapter or to require any controversy between a dealer and a manufacturer, distributor, or representatives, to be referred to any person other than the duly constituted courts of the state or the United States, or to the director, if that referral would be binding upon the dealer.

(h) Either establish or maintain exclusive facilities, personnel, or display space.

(i) Expand facilities without a written guarantee of a sufficient supply of new vehicles so as to justify an expansion, in light of the market and economic conditions.

(j) Make significant modifications to an existing dealership or to construct a new vehicle dealership facility without providing a written guarantee of a sufficient supply of new vehicles so as to justify modification or construction, in light of the market and economic conditions.

(3) It shall be unlawful for any manufacturer or distributor licensed under this chapter to:

(a) Delay, refuse, or fail to deliver new vehicles or new vehicle parts or accessories in a reasonable time, and in reasonable quantity, relative to the dealer's facilities and sales potential in the dealer's relevant market area, after acceptance of an order from a dealer having a franchise for the retail sale of any new vehicle sold or distributed by the manufacturer or distributor, any new vehicle, parts or accessories to new vehicles as are covered by the franchise, if the vehicle, parts, or accessories are publicly advertised as being available for delivery or actually being delivered. These provisions are not violated, however, if failure is caused by acts or causes beyond the control of the manufacturer or distributor.

(b) Refuse to disclose to any dealer handling the same line, the manner and mode of distribution of that line within this state.

(c) Obtain money, goods, service, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and other person, other than for compensation for services rendered, unless the benefit is promptly accounted for and transmitted to the dealer.

(d) Increase prices of new vehicles that the dealer had ordered for consumers prior to the dealer's receipt of the written official price increase notification. A sales contract signed by a consumer shall constitute evidence of each such order, provided that the vehicle is in fact delivered to that customer. In the event of manufacturer or distributor price reductions or cash rebates paid to the dealer, the amount of any reduction or rebate received by a dealer shall be passed on to the private retail consumer by the dealer. Price reductions shall apply to all vehicles in the dealer's inventory that were subject to the price reduction. Price differences applicable to new model or series shall not be considered a price increase or price decrease. Price changes caused by the addition to a vehicle of required or optional equipment, or revaluation of the United States dollar, in the case of foreign-make vehicles or components, or an increase in transportation charges due to increased rates imposed by a carrier, shall not be subject to the provisions of this subsection.

(e) Release to any outside party, except under subpoena or as otherwise required by law or in an administrative, judicial or arbitration proceeding involving the manufacturer or distributor or dealer, any business, financial, or personal information which may be provided from time to time by the dealer to the manufacturer or distributor without the express written consent of the dealer.

(f) Deny any dealer the right of free association with any other dealer for any lawful purpose.

(g) Compete with their franchised dealers in this state in the sale, lease, or warranty service of new motor vehicles to retail consumers. However, nothing in this section shall limit or apply to a manufacturer's or a distributor's fleet sales or leases with a fleet customer that has a designation as such by the manufacturer or distributor as long as such sales or leases are conducted with the involvement of a dealer of the same line make. Nothing in this section shall limit or prohibit a manufacturer or distributor from authorizing or assisting a fleet customer that has a designation as such by the manufacturer or distributor to perform warranty service on vehicles owned or operated by such fleet customer. It is not a violation of this paragraph for a manufacturer or distributor, or an affiliate of a manufacturer or distributor, to directly provide an update to or repair of motor vehicle software if such update or repair is provided over-the-air at no cost or when creating a new line of motor vehicles and using franchised dealers to sell and service those vehicles. A manufacturer or distributor may operate a dealership for a reasonable period not to exceed one (1) year without violating this paragraph if such dealership is for sale to any qualified independent person at a fair and reasonable price, or in a relationship in which an independent person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of that dealership on reasonable terms and conditions. Upon a showing of good cause by the manufacturer or distributor to the department, the period of temporary ownership may be extended up to one (1) additional year, resulting in a maximum temporary ownership period of two (2) years.

(h) Unfairly discriminate among its dealers with respect to warranty reimbursement.

(i) Unreasonably withhold consent to the sale, transfer, or exchange of the franchise to a qualified buyer capable of being licensed as a dealer in this state or to condition the sale, transfer, or exchange of a franchise agreement upon site control or an agreement to renovate or make improvements to a facility, unless required by the technology of a motor vehicle being sold at the facility. Provided however, that a voluntary acceptance of such conditions by the dealer in writing including but not limited to a written agreement for which the dealer has accepted separate and valuable consideration, shall not constitute a violation.

(j) Fail to respond in writing to a request for consent as specified in paragraph (i) of this subsection within sixty (60) days of receipt of a written request on the forms, if any, generally utilized by the manufacturer or distributor for those purposes and containing the required information. Failure to respond shall be deemed to be consent to the request.

(k) Prevent or attempt to prevent, by contract or otherwise, any dealer from changing the executive management control of the dealership unless the manufacturer or distributor, having the burden of proof, can show that the change of executive management will result in executive management or control by a person or persons who are not of good moral character or who do not meet reasonable, preexisting and, with consideration given to the volume of sales and service of the dealership, uniformly applied minimum business experience standards. Where the manufacturer or distributor rejects a proposed change in executive management control, the manufacturer or distributor shall give written notice of his reasons to the dealer within sixty (60) days of notice to the manufacturer or distributor by the dealer of the proposed change; otherwise, the change in the executive management of the dealership shall be presumptively considered approved.

(l) Terminate, cancel or fail to renew any franchise solely because of the death or incapacity of an owner who is not listed in the franchise as one on whose expertise and abilities the manufacturer or distributor relied in the granting of the franchise.

(m) Prevent or attempt to prevent the dealer, by written instrument or otherwise, from either receiving the fair market value of the dealership in a sale transaction or from transferring the dealership to a spouse or legal heir, as specified in this chapter.

(n) Engage in any predatory practice or discrimination against any dealer.

(o) Resort to or to use any false or misleading advertisement in the conducting of his business as a manufacturer or distributor in this state.

(p) Make any false or misleading statement, either directly or through any agent or employee, in order to induce any dealer to enter into any agreement or franchise or to take any action that is prejudicial to that dealer or his business.

(q) Require or coerce dealers to participate in local or national advertising campaigns or contests or to require or coerce dealers to purchase promotional or display materials.

(r) Charge back, deny motor vehicle allocation, withhold payments, or take other actions against a dealer, or to condition a franchise agreement, or renewal of a franchise agreement, or to condition sales, service, parts, or finance incentives upon site control or an agreement to renovate or make improvements to a facility unless required by the technology of a motor vehicle being sold at the facility. Provided however, that a voluntary acceptance of such conditions by the dealer in writing including but not limited to a written agreement for which the dealer has accepted separate and valuable consideration, shall not constitute a violation.

(s) Charge back, deny motor vehicle allocation, withhold payments, or take other actions against a motor vehicle dealer if a motor vehicle sold by the motor vehicle dealer is exported from Idaho or the dealer's assigned area of responsibility unless the manufacturer, distributor, or manufacturer representative proves that the motor vehicle dealer knew or reasonably should have known a motor vehicle was intended to be exported, which shall operate as a rebuttable presumption that the motor vehicle dealer did not have such knowledge. This paragraph does not apply if exporting of motor vehicles outside of the state of Idaho is provided for by the manufacturer or distributor.

(t) Withhold or threaten to withhold consent or approval of the sale, transfer, exchange, or issuance of a dealer sales and service agreement to an otherwise qualified buyer capable of being licensed as a dealer in this state or to condition approval of such buyer upon the selling dealer executing a release of all claims or similar instrument releasing or waiving any and all claims the selling dealer has or may have arising from the franchise relationship with the manufacturer unless separate material consideration is paid contemporaneously by the manufacturer to the dealer for such release. Nothing in this section shall preclude the application of a manufacturer's reasonable and uniform standards and policies.

(4) It is unlawful for any manufacturer or distributor or any officer, agent or representative to coerce, or attempt to coerce, any dealer in this state to offer to sell or sell any extended service contract or extended maintenance plan that is offered, sold, backed by or sponsored by the manufacturer or distributor or to sell, assign or transfer any retail installment sales contract, obtained by the dealer in connection with the sale by him in this state of new vehicles, manufactured or sold by the manufacturer or distributor, to a specified finance company or class of such companies, or to any other specified person, by any of the acts or means set forth, namely by:

(a) Any statement, suggestion, promise or threat that the manufacturer or distributor will, in any manner, benefit or injure the dealer, whether the statement, suggestion, threat or promise is express or implied or made directly or indirectly;

(b) Any act that will benefit or injure the dealer;

(c) Any contract, or any express or implied offer of contract, made directly or indirectly to a dealer for handling new vehicles, on the condition that the dealer shall offer to sell or sell any extended service contract or extended maintenance plan that is offered, sold, backed by, or sponsored by the manufacturer or distributor or sell, assign or transfer his retail installment sales contract in this state to a specified finance company or class of such companies, or to any other specified person; or

(d) Any express or implied statement or representation made directly or indirectly that the dealer is under any obligation whatsoever to offer to sell or sell any extended service contract or extended maintenance plan that is offered, sold, backed by, or sponsored by the manufacturer or distributor or to sell, assign or transfer any of his retail sales contracts, in this state, on new vehicles manufactured or sold by that manufacturer or distributor to a finance company or class of companies, or other specified person, because of any relationship or affiliation between the manufacturer or distributor and a finance company or companies, or a specified person or persons.

(e) Nothing contained in this subsection shall prohibit a manufacturer or distributor from offering or providing incentive benefits or bonus programs to a retail motor vehicle dealer or prospective retail motor vehicle dealer in this state who makes the voluntary decision to offer to sell or sell any extended service contract or extended maintenance plan offered, sold, backed by or sponsored by the manufacturer or distributor to sell, assign or transfer any retail installment sale or lease by him in this state of motor vehicles manufactured or sold by the manufacturer or distributor to a specified finance company or leasing company controlled by or affiliated with the manufacturer or distributor.

Any statement, threats, promises, acts, contracts or offers of contracts, when the effect may be to lessen or eliminate competition or tend to create a monopoly, are declared unfair trade practices and unfair methods of competition, against the policy of this state, and are unlawful.

(5) It is unlawful for any manufacturer or distributor or agent or employee of a manufacturer or distributor to use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this section, and such agreement, written instrument or waiver shall be null and void.

(6) It shall be unlawful, directly or indirectly, to impose unreasonable restrictions on the dealer relative to the sale, transfer, right to renew, termination discipline, noncompetition covenants, site control (whether by sublease, collateral pledge of lease, or otherwise), right of first refusal to purchase, option to purchase, compliance with subjective standards and assertion of legal or equitable rights.

(7) The provisions of this chapter shall apply to all written franchise agreements between a manufacturer or distributor and a dealer, including the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contract, advertising contract, construction or installation contract, servicing contracts and all other agreements where the manufacturer or distributor has any direct or indirect interest.

(8)(a) It shall be unlawful for any manufacturer or distributor, whether by agreement, program, incentive provision, or provision for loss of incentive payments or other benefits, to establish or implement a franchise agreement for the sales and leasing of new motor vehicles under which the manufacturer or distributor reserves the right to:

(i) Maintain a website or other electronic or digital means of communication for the manufacturer or distributor to negotiate binding terms of sale or leasing of new motor vehicles directly with the retail buyer or lessee without the involvement of a dealer on prices or other substantive terms of sale or leasing of new vehicles;

(ii) Retain ownership of new motor vehicles until they are sold or leased to the retail buyer or lessee;

(iii) Except for the sale or lease of a vehicle to a bona fide employee or relative of such manufacturer or distributor or in connection with a replacement or buyback, or to a bona fide employee or relative of a dealer under an employee pricing or similar program, consign new motor vehicles to dealers for dealer inventory or for sale or lease to a retail buyer or lessee;

(iv) Negotiate binding terms of sale directly with retail buyers or lessees of new motor vehicles without the involvement of a dealer, provided that displaying on a website or other electronic or digital means of communication conditional prices, available financing sources, or conditional trade-in values that are not binding on a dealer shall not be considered negotiating;

(v) Enforce or seek to enforce a right in any franchise agreement for the manufacturer or distributor to unilaterally amend or modify the franchise agreement; or

(vi) Amend or modify or attempt to amend or modify any dealer sales and service agreement, including but not limited to the dealer's relevant market area if the amendment or modification substantially and adversely affects the dealer's rights, obligations, investment or return on investment, without giving sixty (60) days advance written notice of the proposed amendment or modification to the dealer.

(b) Nothing in this subsection shall prevent a manufacturer or distributor from:

(i) Participating in fleet sales or leasing with a fleet customer that has a designation as such by the manufacturer or distributor as long as such sales or leases are conducted with the involvement of a dealer of the same line make;

(ii) Authorizing or assisting a fleet customer that has a designation as such by the manufacturer or distributor to perform warranty service on vehicles owned or operated by such fleet customers;

(iii) Offering, providing, and applying the terms of an employee pricing or similar program with participating dealers;

(iv) Negotiating binding terms of sale relating to the sale or lease of a vehicle to a bona fide employee or relative of such manufacturer or distributor;

(v) Negotiating binding terms of sale relating to the sale or lease of a vehicle to a bona fide employee or relative of a franchised dealer under an employee pricing program or similar program;

(vi) Negotiating binding terms of sale relating to the sale or lease of a vehicle in connection with a vehicle replacement or buyback;

(vii) Purchasing from a consumer a vehicle in connection with a vehicle replacement or buyback;

(viii) Maintaining a website or other electronic or digital means of communication if the final selling or leasing price of the new vehicle is determined by eligible dealers; or

(ix) Setting or advertising a manufacturer's suggested retail price or lease example pricing based on a manufacturer's suggested retail price, special financing, or lease offers.

(9)(a) Within the sixty (60) day notice period provided for in subsection (8)(a)(vi) of this section, the dealer may pursue remedies under section 49-1617, Idaho Code, and file with the department and serve upon the respondent a petition to determine whether good cause exists for permitting the proposed modification. Multiple complaints pertaining to the same proposed modification may be consolidated for hearing. The proposed modification may not take effect pending the determination of any protest filed by a dealer. In making a determination of whether there is good cause for permitting a proposed modification of a dealer sales and service agreement, including but not limited to a dealer's relevant market area, the burden of proof shall be on the manufacturer or distributor, except that the burden of proof with regard to the factor set forth in subparagraph (iii) of this paragraph shall be on the dealer. The department shall consider any relevant factor, including:

(i) The reasons for the proposed modification;

(ii) Whether the proposed modification is applied to or affects all motor vehicle dealers in a nondiscriminatory manner;

(iii) The degree to which the proposed modification will have a substantial and adverse effect on the motor vehicle dealer's rights, investment, or return on investment; and

(iv) Whether the proposed modification is in the public interest.

(b) With respect to a proposed modification of a dealer's relevant market area the department shall also consider:

(i) The traffic patterns between consumers and the same line-make franchised dealers of the affected manufacturer or distributor who are located within the market;

(ii) The pattern of new vehicle sales and registrations of the affected manufacturer or distributor within various portions of the relevant market area and within the market as a whole;

(iii) The growth or decline in population, density of population, and new car registrations in the market;

(iv) The presence or absence of natural geographical obstacles or boundaries;

(v) The proximity of census tracts or other geographic units used by the affected manufacturer or distributor in determining the same line-make dealers' respective relevant market area; and

(vi) The reasonableness of the change or proposed change to the dealer's relevant market area, considering the benefits and harm to the petitioning dealer, other same line-make dealers, and the manufacturer or distributor.

(10) It shall be unlawful for any manufacturer or distributor to implement a program or policy that coerces or requires the franchisee to install direct current fast charging stations for public access or use or any similar public-facing infrastructure relating to charging, fueling, or powering a vehicle. For purposes of this section, the term "coerce" means the use of force or threats to compel a dealer to take a specific action. "Coerce" includes threatening to withhold vehicles or parts from a franchisee or charging a franchisee a higher price for vehicles or parts on the basis of the franchisee refusing, declining, or failing to perform a specific behavior. Provided, however, that nothing contained in this subsection shall be deemed to prohibit or prevent a manufacturer or distributor from requiring a franchisee to purchase special tools or equipment, install reasonable charging infrastructure, stock reasonable quantities of certain parts, or participate in training, reasonable sales and service programs, or policies that are reasonably necessary for such franchisee to sell or service any model or series of vehicles.

History:

[49-1613, added 1988, ch. 265, sec. 386, p. 769; am. 1991, ch. 272, sec. 14, p. 703; am. 1994, ch. 317, sec. 1, p. 1015; am. 2005, ch. 144, sec. 1, p. 451; am. 2011, ch. 327, sec. 3, p. 954; am. 2023, ch. 68, sec. 2, p. 231; am. 2024, ch. 213, sec. 2, p. 751; am. 2025, ch. 211, sec. 19, p. 985.]
Idaho Code § 49-1004B — Idaho Code / Title 49 / Chapter 10 / Section 49-1004B
49-1004B SPECIAL ROUTE DESIGNATIONS AND PERMITS BY LOCAL AUTHORITIES.
Status: in_force

49-1004B. special route designations and permits by local authorities. (1) Local authorities may, by resolution on their own initiative or pursuant to written request, designate routes and revoke previously authorized routes within their respective jurisdictions for the operation of vehicle combinations with a legal maximum gross weight between one hundred five thousand five hundred one (105,501) pounds and one hundred twenty-nine thousand (129,000) pounds. A local authority that designates routes under this section shall do so pursuant to the requirements of this section. Nothing in this section shall limit the exclusive jurisdiction of local authorities to authorize or decline to designate such routes. All routes authorized by this section that are effective on July 1, 2019, shall remain in effect unless subsequently revoked pursuant to the procedures set forth in this section.

(a) Within one hundred fifty (150) days after receipt of a written request to designate a route under this section, the governing board of a local authority shall issue a determination as to:

(i) Whether it designates routes under this section; and

(ii) If it designates routes under this section, whether to approve the specific route at issue.

(b) In exercising jurisdiction to designate a route under this section, a local authority shall analyze the long-term physical and safety consequences of allowing vehicles covered by this section to use the route at issue. In conducting such analysis, the local authority shall use Idaho transportation department standards or the Idaho standards for public works construction, or a successor publication.

(c) A local authority that designates routes under this section shall authorize a map of designated routes by resolution of its governing board and shall update the route map within thirty (30) days after authorization or revocation of a route under this section. Upon designation or update of a route map as set forth in this subsection, a local authority shall submit such designation or update to the department for inclusion in the statewide route map entitled "Designated Routes up to 129K."

(2) A local authority that designates routes under this section may issue permits for travel upon such routes and may use such permits to designate conditions for travel, including possible seasonal restrictions or other time, place, or manner limitations. A local authority shall indicate on its route map, or within the provisions of its authorizing resolution, whether a permit is required upon a designated route. Issuance of permits for use of designated routes shall be deemed an administrative action that can be carried out by the primary administrative officer of the jurisdiction, or his designee.

(a) Within thirty (30) days after receipt of a written request for a permit for travel upon a designated route, a local authority shall either issue a permit or issue a written denial of the permit requested. The denial shall explain why the permit was denied.

(b) A written permit issued under this section shall clearly state all conditions for travel upon the designated route.

(c) An annual administrative permit fee, not to exceed a maximum of fifty-five dollars ($55.00) per vehicle, shall be set by the local authority for travel on designated routes. A local authority shall submit five dollars ($5.00) from each administrative permit fee to the local authority technical analysis fund.

(3) After the issuance of the written decision, or in the event that the local authority has not acted pursuant to subsection (2) of this section within the time required, an applicant for a permit may request the opportunity to be heard by the governing body of the local authority. A local authority shall provide for the opportunity to be heard by its governing body at a public meeting within forty-five (45) days of filing such request. No fewer than fifteen (15) days after the conclusion of the public meeting at which the appeal by a permit applicant has first been heard, a local governing board shall render the final decision of the local jurisdiction, setting forth the factual and legal reasons therefor, regarding such permit request.

(4) There is hereby created a grant fund to be known as the local authority technical analysis fund within the state treasury. The grant fund shall be used to provide additional funding to local authorities to cover additional costs related to the technical review of applications as described in paragraph (b) of subsection (1) of this section. Such grants shall not exceed ten thousand dollars ($10,000) per route and shall be awarded under such terms and conditions as determined by the department or its designee. The department will maintain the local authority technical analysis fund in the state treasury in a separate sub-fund to ensure funds are not commingled with department funds until the money is requested by a local authority, after approval by the department or its designee. The funds will be disbursed to a local authority after approval of the request. All moneys in the fund are to be continuously appropriated. Any interest earned on the investment of idle moneys in the fund shall be returned to the fund.

(5) Notwithstanding any other law to the contrary, the department shall perform its obligations pursuant to this section.

History:

[49-1004B, added 2019, ch. 180, sec. 5, p. 583; am. 2021, ch. 234, sec. 1, p. 714.]
Idaho Code § 49-811 — Idaho Code / Title 49 / Chapter 8 / Section 49-811
49-811 USE OF OPTICAL STROBE LIGHT DEVICES.
Status: in_force

49-811. Use of optical strobe light devices. (1) As used in this section "optical strobe light device" shall mean a strobe light device which emits an optical signal at a specific frequency to a traffic control signal enabling police or emergency vehicles to obtain the right-of-way at intersections or enabling transportation department, city, county or highway district maintenance vehicles to perform maintenance tests on traffic control signals.

(2) A person shall be guilty of a misdemeanor if the person uses an optical strobe light device on the highways of this state unless the person is operating or riding in an authorized emergency vehicle, as defined in section 49-123, Idaho Code, or is operating or riding in a transportation department, city, county or highway district maintenance vehicle and the person is on official emergency duty while operating or riding in the vehicle.

(3) A person found guilty of violating subsection (2) of this section shall be sentenced by imprisonment of not greater than six (6) months, by a fine not in excess of one thousand dollars ($1,000), or by both such fine and imprisonment.

History:

[49-811, added 2004, ch. 170, sec. 1, p. 549; am. 2014, ch. 38, sec. 17, p. 86.]
Idaho Code § 49-1801 — Idaho Code / Title 49 / Chapter 18 / Section 49-1801
49-1801 ABANDONMENT PROHIBITED.
Status: in_force

49-1801. ABANDONMENT PROHIBITED. (1) No person shall abandon a vehicle upon any highway.

(2) No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

History:

[49-1801, added 2025, ch. 218, sec. 2, p. 1027.]
Idaho Code § 49-943 — Idaho Code / Title 49 / Chapter 9 / Section 49-943
49-943 WINDSHIELDS TO BE UNOBSTRUCTED AND EQUIPPED WITH WIPERS.
Status: in_force

49-943. Windshields to be unobstructed and equipped with wipers. (1) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of the vehicle which obstructs the driver's clear view of the highway or any intersecting highway.

(2) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be constructed as to be controlled or operated by the driver of the vehicle.

(3) Every windshield wiper upon a motor vehicle shall be maintained in good working order.

History:

[49-943, added 1988, ch. 265, sec. 261, p. 707.]
Idaho Code § 49-1420 — Idaho Code / Title 49 / Chapter 14 / Section 49-1420
49-1420 INTERFERENCE WITH OFFICIAL TRAFFIC CONTROL DEVICES OR RAILROAD SIGNS OR SIGNALS.
Status: in_force

49-1420. Interference with official traffic control devices or railroad signs or signals. No person shall, without lawful authority, attempt to or in fact alter, twist, deface, injure, knock down, remove or interfere with the effective operation of any traffic control device or any railroad sign or signal or any inscription, shield or insignia, or any other part.

History:

[49-1420, added 1988, ch. 265, sec. 356, p. 751.]
Idaho Code § 49-956 — Idaho Code / Title 49 / Chapter 9 / Section 49-956
49-956 HORNS AND WARNING DEVICES.
Status: in_force

49-956. Horns and warning devices. (1) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred (200) feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn, but shall not otherwise use the horn when upon a highway.

(2) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section.

(3) It is permissible, but not required for any vehicle to be equipped with a theft alarm signal device, so arranged that it cannot be used by the driver as an ordinary warning signal.

(4) Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet and of a type approved by the director, but the siren shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which the latter events the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of the approach.

History:

[49-956, added 1988, ch. 265, sec. 268, p. 713.]
Idaho Code § 49-1817 — Idaho Code / Title 49 / Chapter 18 / Section 49-1817
49-1817 PROVISIONS OF SECTIONS UNIFORM THROUGHOUT STATE.
Status: in_force

49-1817. PROVISIONS OF SECTIONS UNIFORM THROUGHOUT STATE. The provisions of this chapter shall be applicable and uniform throughout the state and in all political subdivisions. No local or state authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this chapter.

History:

[49-1817, added 2025, ch. 218, sec. 2, p. 1033.]
Idaho Code § 49-1225 — Idaho Code / Title 49 / Chapter 12 / Section 49-1225
49-1225 ASSIGNED RISK PLANS.
Status: in_force

49-1225. Assigned risk plans. After consultation with insurance companies authorized to issue automobile liability policies in this state, the director of insurance shall approve reasonable plans for the equitable apportionment among those companies of applicants for policies and for motor vehicle liability policies who are in good faith entitled to but are unable to procure policies through ordinary methods. When a plan has been approved, all those insurance companies shall subscribe to and participate in the plan. Any applicant for a policy, any person insured under such a plan, and any insurance company affected, may appeal to the director of insurance from any ruling or decision of the manager or committee designated to operate the plan. Any person aggrieved hereunder by any order or act of the director of insurance may, within ten (10) days after notice of it, file a petition in the district court of Ada County, Idaho, for a review. The court shall summarily hear the petition and may make an appropriate order or decree.

History:

[49-1225, added 1988, ch. 265, sec. 315, p. 736.]
Idaho Code § 49-1904 — Idaho Code / Title 49 / Chapter 19 / Section 49-1904
49-1904 FILING OF REPORTS.
Status: in_force

49-1904. Filing of reports. Filing of reports as required by article IV, section 4, of the agreement shall be with the department. Any and all notices required by the cooperating committee by-laws shall be given to the designated representative of this state or his alternate, if any.

History:

[49-1904, added 1988, ch. 265, sec. 441, p. 808.]
Idaho Code § 49-1009 — Idaho Code / Title 49 / Chapter 10 / Section 49-1009
49-1009 CONTRACT FOR BUILDING AND MAINTAINING ROADS.
Status: in_force

49-1009. Contract for building and maintaining roads. The board, the governing board of a county, city or highway district is authorized to contract with any individual, firm or corporation, state or federal agency or any combination of parties, to build, rebuild or maintain or contribute financial aid to the building, rebuilding or maintenance of any section or sections of a highway to any standard necessary for the transportation by private or contract trucks principally engaged in the transportation of products originating or produced in Idaho, to permit the hauling of heavier gross weights and wider loads than now provided by law, to an extent necessary to accomplish that maintenance or construction. Upon application of any of the above mentioned parties for permission to use and operate private or contract trucks for hauling greater gross weights and wider loads than provided by law, the board, county, city or district may make and enter into an agreement with the applicant permitting the overload and providing for payment of an additional financial contribution or an agreement to maintain, build or rebuild the highway for the additional or extraordinary use, specifically providing where necessary, for reasonable protective restrictions. If in the opinion of the negotiating officials, a bond should be required, then a surety bond shall be furnished. Nothing in this chapter shall be construed to require any public agency to enter into these contracts or agreements.

History:

[49-1009, added 1988, ch. 265, sec. 280, p. 721.]
Idaho Code § 49-417F — Idaho Code / Title 49 / Chapter 4 / Section 49-417F
49-417F IDAHO WORLD FAMOUS POTATOES WHITE AND TEAL LICENSE PLATE.
Status: in_force

49-417F. IDAHO WORLD FAMOUS POTATOES WHITE AND TEAL LICENSE PLATE. (1) On and after July 1, 2025, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, may apply for and, upon department approval, receive Idaho world famous potatoes white and teal license plates.

(2) The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho world famous potatoes white and teal license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.

(3) Notwithstanding the provisions of section 49-450, Idaho Code, the plate fee for the license plate created by this section shall be two dollars and seventy-five cents ($2.75) per license plate. Such fee shall be deposited into the plate manufacturing account created in section 49-450A, Idaho Code. Regular registration fees shall be charged pursuant to the requirements of this chapter. There shall be no special plate program fee.

(4) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.

(5) Notwithstanding the provisions of section 49-402C, Idaho Code, the Idaho world famous potatoes white and teal license plate shall have a white background, teal green characters, and display the words "Idaho World Famous Potatoes." The design shall be approved by the department, utilizing a numbering system as determined by the department.

(6) Sample Idaho world famous potatoes white and teal license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho potato commission. No additional fee shall be charged for personalizing sample plates.

History:

[49-417F, added 2025, ch. 109, sec. 4, p. 573.]