Idaho Code § 49-2439 — Idaho Code / Title 49 / Chapter 24 / Section 49-2439
49-2439 USE OF PUBLIC MOTOR VEHICLES.
Status: in_force

49-2439. Use of public motor vehicles. Motor vehicles owned or operated by any state or local agency may be used in ridesharing arrangements. Participants in any such ridesharing arrangement shall pay the actual total costs of using the vehicle in that arrangement.

History:

[49-2439, added 1988, ch. 265, sec. 496, p. 830.]
Idaho Code § 49-326A — Idaho Code / Title 49 / Chapter 3 / Section 49-326A
49-326A ADMINISTRATION BY DEPARTMENT OF JUDICIAL SUSPENSIONS OF DRIVER'S LICENSES OR PRIVILEGES TO BECOME EFFECTIVE AFTER RELEASE FROM CONFINEMENT.
Status: in_force

49-326A. Administration by department of judicial suspensions of driver's licenses or privileges to become effective after release from confinement. When a court's judgment or order provides that the suspension of an individual's driver's license or driving privileges shall begin after the individual is released from confinement or imprisonment, the department, for purposes of administering the ordered suspension, shall consider the driver's license or driving privileges as suspended effective as of the end of the last day of the fixed portion of the ordered sentence, as shown by the judgment or sentencing order of the court.

(1) Unless otherwise ordered by the court, the suspension shall remain in effect until the individual applies for reinstatement of his or her driver's license or driving privileges and can provide verifiable documentation to establish the date of release from confinement or imprisonment and show that the court-ordered suspension period has expired since the individual's release. Upon such a showing, the department will reinstate the individual's driver's license or driving privileges as provided by law.

(2) Where the department is notified of the release of the individual, either by the court or the agency having custody over the individual during the period of confinement or imprisonment, the department shall amend its records to reflect the actual court-ordered period of suspension.

(3) No time credit against the court-ordered period of suspension will be given while the individual is incarcerated or if the individual is reincarcerated. The entire period of the court-ordered suspension must run after the individual is released from confinement or imprisonment.

History:

[49-326A, added 1998, ch. 152, sec. 3, p. 526; am. 2008, ch. 45, sec. 1, p. 118.]
Idaho Code § 49-506 — Idaho Code / Title 49 / Chapter 5 / Section 49-506
49-506 DESTRUCTION OF RECORDS.
Status: in_force

49-506. Destruction of records. Records pertaining to certificates of title used to record each title transaction shall be retained a minimum of twenty (20) years, after which time they may be destroyed. The records shall be maintained so as to permit the tracing of title of the vehicles designated.

History:

[49-506, added 1988, ch. 265, sec. 121, p. 646; am. 1991, ch. 153, sec. 3, p. 364; am. 2001, ch. 73, sec. 14, p. 167.]
Idaho Code § 49-2427 — Idaho Code / Title 49 / Chapter 24 / Section 49-2427
49-2427 IDENTIFICATION OF STATE POLICE VEHICLES USED FOR HIGHWAY PATROL.
Status: in_force

49-2427. Identification of state police vehicles used for highway patrol. Every motor vehicle other than motorcycles, owned by the state of Idaho and used as a state police highway patrol vehicle shall be marked as provided by section 49-2426, Idaho Code, and shall in addition, be painted with a black body and shall be identified in one (1) of the following manners:

(1) By having a white stripe, at least six (6) inches in width, applied completely around the vehicle;

(2) By having a blue light mounted on the top of the vehicle which must be visible from any direction; or

(3) By having two (2) white stripes at least one and one-half (1 1/2) inches in width applied from the center point of the hood across the hood on each side and extending diagonally down to the bottom of the doors on each side of the vehicle. No other state agency, person, or local unit of government shall have any vehicle with a stripe or stripes from the center point of the hood across the hood on each side and extending diagonally down to the bottom of the doors on each side of the vehicles.

History:

[49-2427, added 1988, ch. 265, sec. 487, p. 828; am. 2009, ch. 85, sec. 1, p. 235.]
Idaho Code § 49-1806 — Idaho Code / Title 49 / Chapter 18 / Section 49-1806
49-1806 REMOVAL OR BOOTING OF UNAUTHORIZED AND ABANDONED VEHICLES FROM REAL PROPERTY.
Status: in_force

49-1806. REMOVAL or BOOTING OF UNAUTHORIZED AND ABANDONED VEHICLEs FROM REAL PROPERTY. (1) Any person having possession or control of real property, including commercial property, who finds an unauthorized vehicle standing on his property is permitted to have the vehicle removed or booted if there is posted on or near the property in a clearly conspicuous location, in large print, a sign or notice that unauthorized vehicles will be removed or booted at the owner's expense and designating the name of the towing firm. Unauthorized vehicles need not meet the provisions of section 49-102(2), Idaho Code, in this instance.

(2) Any person having possession or control of real property, excluding commercial property, who finds an abandoned vehicle standing on his property when the property is not posted as set out in subsection (1) of this section may contact a tow company to remove the vehicle. The tow company shall have the person having possession or control of the property sign a release form to the tow company identifying himself as the person having possession or control of real property, identifying the vehicle being removed, and taking responsibility for the removal of the vehicle.

(3) No vehicle shall be considered unauthorized and subject to removal or booting pursuant to the provisions of this subsection solely on the basis of the vehicle having expired or improper vehicle registration. All other provisions of this chapter shall be complied with.

History:

[49-1806, added 2025, ch. 218, sec. 2, p. 1028.]
Idaho Code § 49-415G — Idaho Code / Title 49 / Chapter 4 / Section 49-415G
49-415G IDAHO NORTH AMERICA PLATE — SPECIAL PERMANENT OR BUSINESS LOGO.
Status: in_force

49-415G. idaho north america plate — Special permanent or business logo. (1) Any person or business who is the owner of a trailer or semitrailer registered under the provisions of subsection (4)(a) of section 49-434, Idaho Code, may apply for and, upon department approval, may receive a special permanent or business logo license plate of the owner's company.

(2) In addition to the registration fee required in section 49-434(4)(a), Idaho Code, an applicant for a business logo plate shall pay the estimated initial programming costs, which fees shall be deposited in the state highway account. The business logo plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code, and acceptable to the owner or business and shall be approved by the department and utilize a numbering system as determined by the department.

(3) Whenever title or interest in a trailer or semitrailer registered under the provisions of this section is transferred or reassigned, the plates issued pursuant to subsection (4)(a) of section 49-434, Idaho Code, are nontransferable and the registration fee is nonrefundable.

(4) The north America permanent trailer plate program shall be subject to the provisions of section 49-402C, Idaho Code.

(5) Any specific business logo plate program created under this section shall be discontinued if no plates are issued under the program for two (2) consecutive years after the year of implementation.

(6) Sample special permanent or business logo license plates may be purchased for a fee of thirty dollars ($30.00), which shall be placed in the state highway account.

History:

[49-415G, added 2009, ch. 330, sec. 1, p. 942.]
Idaho Code § 49-1234 — Idaho Code / Title 49 / Chapter 12 / Section 49-1234
49-1234 ONLINE INSURANCE VERIFICATION SYSTEM — PEACE OFFICER DUTIES — RULEMAKING.
Status: in_force

49-1234. online insurance verification system — peace officer duties — rulemaking. (1) The department shall establish and maintain an online insurance verification system for motor vehicle insurance coverage required by the provisions of this chapter, subject to the following:

(a) The department shall consult with representatives of the insurance industry to determine the objectives, details and deadlines relating to the verification system;

(b) The verification system shall be accessible through the internet, world wide web or a similar proprietary or common carrier electronic system by authorized personnel of the department, department of insurance, courts, law enforcement entities and of any other entity authorized by the department;

(c) The verification system shall provide for direct inquiry and response between the department and insurance carriers, or such other method of inquiry and response as agreed to by the department and individual insurance carriers;

(d) The verification system shall be capable of sending inquiries to and receiving responses from insurers for the purpose of verifying current motor vehicle insurance coverage via web services established by insurers through the internet, world wide web or a similar proprietary or common carrier electronic system, in compliance with the specifications and standards of the insurance industry committee on motor vehicle administration (IICMVA), provided that the department shall promulgate rules to provide insurers an alternative method for verifying motor vehicle insurance policy data rather than establishing web services or utilizing IICMVA's insurance data transfer guide;

(e) With the exception of unplanned system outages, the verification system shall be available twenty-four (24) hours a day to verify the insurance status of any motor vehicle registered in this state through the vehicle's identification number, policy number, national association of insurance commissioners' (NAIC) code or registered owner's name; provided that a reasonable amount of downtime may be allotted for planned system outages;

(f) The verification system shall include appropriate provisions, consistent with IICMVA standards, to secure its data against unauthorized access and to maintain a record of all information requests; and

(g) All information exchanged between the department and insurance companies, any database created, all information contained in the verification system and all reports, responses or other information generated for the purposes of the verification system shall be exempt from disclosure as provided in section 74-106, Idaho Code.

(2) As a condition for writing motor vehicle liability insurance policies in this state, insurance carriers shall cooperate with the department in establishing and maintaining the insurance verification system and shall provide access to motor vehicle insurance policy status information as may be provided in rules promulgated by the department.

(3) Insurers that make good faith efforts to comply with the provisions of this section shall be immune from civil or administrative liability related to this section.

(4) The department shall establish a program to match information from the online insurance verification system with motor vehicle registrations to determine whether owners of motor vehicles have established financial responsibility. The department shall suspend the registration of any motor vehicle identified by the department as having failed to comply with the financial responsibility requirements. The program shall include:

(a) Insurers reporting data to the verification system at least weekly;

(b) The department performing a periodic match at least monthly of the information from the online insurance verification system with motor vehicle registrations to determine whether owners of motor vehicles have established financial responsibility;

(c) An initial notice to an owner of a motor vehicle who is shown to not have established or maintained financial responsibility for two (2) consecutive months. Such notice shall provide sixty (60) days for an owner to comply with the financial responsibility requirements or to notify the department of exemption;

(d) A final notice to an owner of a motor vehicle who is shown not to have established or maintained financial responsibility subsequent to the notice issued pursuant to paragraph (c) of this subsection. Such notice shall provide ten (10) days for an owner to comply with the financial responsibility requirements or to notify the department of exemption before suspension of an owner's registration will be effective;

(e) That the department may offer, and that an owner may consent to, the sending of all eligible notices by e-mail in lieu of sending such notices through the mail;

(f) The opportunity for an owner to provide a certificate or proof of liability insurance prior to any action taken against the registration;

(g) That a registration may not be reinstated unless evidence of insurance is provided to the department and a reinstatement fee of seventy-five dollars ($75.00) is paid to the department. These fees shall be deposited into the state highway account. These fees are in addition to any other applicable fines, penalties, and fees;

(h) That an owner may lawfully suspend vehicle insurance pursuant to section 41-2516, Idaho Code;

(i) That an insurance company shall, if it has such capability, report data indicating that a vehicle's insurance has been lawfully suspended because such vehicle has been placed into storage by the owner; and

(j) That an owner may notify the department when exempt from the requirement to possess proof of vehicle financial responsibility for reasons allowed by Idaho Code or pursuant to rules promulgated by the department. If an exemption applies, the department shall mark the registration record as exempt and such registration shall not be suspended.

(5) Peace officers shall access information from the online insurance verification system to verify the current validity of motor vehicle liability insurance. If insurance is verified, then the peace officer shall not issue a citation for an infraction violation of the provisions of section 49-1232, Idaho Code.

(6) If an Idaho uniform citation is issued to a person for an infraction violation of the provisions of section 49-1232, Idaho Code, and it is subsequently found that the legally required motor vehicle insurance coverage was in force at the time of the issuance of the citation, then the court shall dismiss the citation without penalty and such citation shall not appear on the person's record.

(7) This section shall not apply to any vehicle insured under commercial motor vehicle coverage and shall not apply to implements of husbandry and golf carts. As used in this section, "commercial motor vehicle coverage" means an insurance policy that covers a business's vehicles and employees.

(8) The department may promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, to carry out the provisions of this section.

History:

[49-1234, added 2012, ch. 103, sec. 1, p. 275; am. 2013, ch. 291, sec. 1, p. 767; am. 2015, ch. 141, sec. 128, p. 475; am. 2016, ch. 141, sec. 1, p. 407; am. 2019, ch. 269, sec. 1, p. 787; am. 2023, ch. 286, sec. 2, p. 875.]
Idaho Code § 49-417B — Idaho Code / Title 49 / Chapter 4 / Section 49-417B
49-417B IDAHO AGRICULTURE PLATES.
Status: in_force

49-417B. Idaho agriculture 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 Idaho agriculture 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. Availability of Idaho agriculture plates for other vehicles may be authorized by rule of the board.

(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 the 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 warrant on a monthly basis by the Idaho transportation department to Idaho ag in the classroom created by the provisions of section 57-815, Idaho Code.

(3) Whenever title or interest in a vehicle registered pursuant to 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 after receipt of new registration from the department.

(4) The Idaho agriculture license plate shall be of a color and design that is acceptable to the Idaho ag in the classroom board of directors and shall be approved by the department and utilize a numbering system as determined by the department. Initial costs of the plate program, including the cost of plate design, shall be paid from the Idaho ag in the classroom account.

(5) Sample Idaho agriculture plates may be purchased from the department 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 by warrant on a monthly basis by the Idaho transportation department to Idaho ag in the classroom.

History:

[49-417B, added 1999, ch. 374, sec. 2, p. 1024; am. 2000, ch. 87, sec. 19, p. 203; am. 2000, ch. 200, sec. 2, p. 493; am. 2001, ch. 73, sec. 7, p. 158; am. 2009, ch. 114, sec. 1, p. 368; am. 2026, ch. 46, sec. 1, p. 225.]
Idaho Code § 49-631 — Idaho Code / Title 49 / Chapter 6 / Section 49-631
49-631 PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS.
Status: in_force

49-631. Passing vehicles proceeding in opposite directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right. Upon highways having width for not more than one (1) line of traffic in each direction, each driver shall give to the other at least one-half the main traveled portion of the highway as possible.

History:

[49-631, added 1988, ch. 265, sec. 160, p. 661.]
Idaho Code § 49-1316 — Idaho Code / Title 49 / Chapter 13 / Section 49-1316
49-1316 ERECTION OF MEMORIALS TO PERSONS KILLED IN TRAFFIC ACCIDENTS.
Status: in_force

49-1316. Erection of memorials to persons killed in traffic accidents. As a means of promoting safety upon the highways of this state, the transportation department, the state police and other law enforcement officers shall permit relatives or friends of a person killed in a traffic accident upon a highway of the state, with the consent of the next of kin of the deceased, to erect a traffic accident memorial in memory of the decedent. The traffic accident memorial shall be erected adjacent to the portion of the highway where the accident occurred so that the traffic accident memorial serves as a reminder that a fatality occurred on that stretch of highway and that public safety will thereby be enhanced. The transportation department shall promulgate rules to implement the provisions of this section, to provide size limitations the traffic accident memorial must conform to and to retain jurisdiction over areas where traffic accident memorials are placed.

History:

[49-1316, added 1992, ch. 45, sec. 1, p. 148; am. 2001, ch. 45, sec. 1, p. 84.]
Idaho Code § 49-402D — Idaho Code / Title 49 / Chapter 4 / Section 49-402D
49-402D SPECIAL LICENSE PLATE PREQUALIFICATION PROCESS.
Status: in_force

49-402D. special license plate prequalification process.

(1)(a) For any new special license plate program approved by the legislature, the program sponsor shall, before issuance of any such special license plate, meet the prequalification process outlined in this section. The program sponsor for any special plate program shall:

(i) Submit a financial plan for the use of the proceeds from the special license plate sales and certify that all such proceeds shall be deposited in the highway distribution account, except for military license plates and any new special plate that may be established for the benefit of the state of Idaho or any department, division, bureau, or agency thereof, including an Idaho college or university pursuant to section 49-418A, Idaho Code, or a license plate for the benefit of firearms safety education programs pursuant to section 49-420S, Idaho Code; and

(ii) Designate an individual who shall be deemed responsible by the agency for certifying compliance with the requirements of this section and working with the department.

(b) The department is authorized and shall adopt and promulgate rules to carry out the provisions of this section.

(2) If the request for a special license plate is approved by the department, the following requirements, in addition to those set out in subsection (1) of this section, shall be met by September 1 prior to the next legislative session and prior to the issuance of any special license plates approved by the legislature.

(a) The applicant shall deposit estimated programming and administrative costs with the department to be utilized for programming costs of the specialty plate. Administrative costs in the amount of one thousand dollars ($1,000) shall be nonrefundable.

(b) In addition to the requirements provided for in section 49-402C, Idaho Code, the applicant requesting a special license plate program shall provide to the department an acceptable plate design.

(c) The applicant shall transmit to the department a list of two hundred fifty (250) applicants, whose vehicles are currently registered in the state of Idaho, who intend to purchase the specialty plate when available, as evidenced by completing forms provided by the department.

(3) The department shall submit the completed applications for special license plate programs that meet the requirements of this section to the chairmen of the senate transportation committee and the house of representatives transportation and defense committee each year on behalf of the agency to be included for consideration in the next legislative session.

(4) On an annual basis, by December 1 of each calendar year, the sponsor of a special license plate program shall prepare an annual report, which shall be made available on request and shall be forwarded to the department. Such report shall include an accounting of revenues and expenditures associated with the funds collected for the special license plate program. The department shall compile and forward such reports to the chairmen of the senate transportation committee and the house of representatives transportation and defense committee by January 15 of each year. Failure of the agency to provide such report by the due date shall result in the discontinuation of the special license plate program sales on January 1. The provisions of this section shall exclude special plates established for the highway distribution account, the state of Idaho or any department, division, bureau, or agency thereof, an Idaho college or university pursuant to section 49-418A, Idaho Code, a license plate for the benefit of firearms safety education programs pursuant to section 49-420S, Idaho Code, and military license plate programs.

(5) Any decision by the department that the special license plate program application does not meet the provisions of this section may be appealed to the director of the department. Such notice of appeal shall be made in writing within twenty (20) days of the notice of denial. For all denied applications, the department shall, at the next legislative session, report to the senate and house of representatives transportation committees on such denied applications and the reason for the denials.

History:

[49-402D, added 2012, ch. 253, sec. 2, p. 699; am. 2013, ch. 85, sec. 1, p. 207; am. 2020, ch. 268, sec. 2, p. 779; am. 2021, ch. 321, sec. 35, p. 978; am. 2024, ch. 187, sec. 2, p. 677; am. 2025, ch. 109, sec. 2, p. 571; am. 2025, ch. 132, sec. 2, p. 684; am. 2026, ch. 251, sec. 18, p. 1068.]
Idaho Code § 49-613 — Idaho Code / Title 49 / Chapter 6 / Section 49-613
49-613 PUTTING GLASS OR OTHER INJURIOUS MATERIALS ON HIGHWAY PROHIBITED.
Status: in_force

49-613. Putting glass or other injurious materials on highway prohibited. The following shall apply to persons and vehicles not otherwise exempted from the application of this section by federal or state law:

(1) No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal or vehicle upon the highway.

(2) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove that material or cause it to be removed.

(3) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from that vehicle.

(4) No vehicle shall be operated on any public highway unless such vehicle's load is secured to prevent the load from becoming loose, detached or a hazard to other users of the highway.

(5) No person may operate on any public highway any vehicle with any load unless the load is secured and such covering as required thereon by subsection (6) of this section is securely fastened to prevent the covering or load from becoming loose, detached or a hazard to other users of the highway.

(6) Any vehicle operating on a paved public highway with a load of dirt, sand or gravel susceptible to being dropped, spilled, leaked or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six (6) inches of freeboard is maintained.

(7) The provisions of subsections (5) and (6) of this section shall not apply to a government, quasi-government, their agents or employees or contractors thereof, in performance of maintenance or construction of a highway.

(8) The provisions of subsections (4), (5) and (6) of this section shall not apply to vehicles owned by canal companies, irrigation districts, drainage districts or their boards of control, lateral ditch associations, water districts or other irrigation water delivery or management entities, or operated by any employee or agent of such an entity, performing construction, operation or maintenance of facilities.

(9) The provisions of subsections (4), (5) and (6) of this section shall not apply to vehicles transporting unprocessed agricultural products, agricultural byproducts, agricultural materials or agricultural inputs.

History:

[49-613, added 1988, ch. 265, sec. 150, p. 658; am. 2011, ch. 326, sec. 1, p. 951; am. 2015, ch. 208, sec. 5, p. 643.]
Idaho Code § 49-108 — Idaho Code / Title 49 / Chapter 1 / Section 49-108
49-108 DEFINITIONS — G.
Status: in_force

49-108. Definitions — G. (1) "Good cause" means the failure of a dealer to comply with reasonable performance criteria established by a manufacturer, if the dealer was apprised by the manufacturer, in writing, of that failure; and

(a) The notification stated that notice was provided of failure of performance;

(b) The dealer was afforded a reasonable opportunity, for a period of not less than six (6) months, to comply with the criteria; and

(c) The dealer did not demonstrate substantial progress toward compliance with the performance criteria of the manufacturer during the period.

(2) "Gross combination weight rating (GCWR)" for the purposes of chapter 4, title 49, Idaho Code, means the value specified by the manufacturer as the maximum loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon or registered weight rating whichever is greater. Towed units shall not include implements of husbandry. For the purposes of chapter 3, title 49, Idaho Code, "gross combined weight rating (GCWR) is as defined in 49 CFR part 383.

(3) "Gross vehicle weight rating (GVWR)" for the purposes of chapter 4, title 49, Idaho Code, means the value specified by the manufacturer as the maximum loaded weight of a single vehicle or registered weight rating, whichever is greater. For the purposes of chapter 3, title 49, Idaho Code, "gross vehicle weight rating (GVWR) is as defined in 49 CFR part 383.

(4) "Gross weight" means the weight of a vehicle without load plus the weight of any load on that vehicle.

(5) "Group of vehicles" is one motor vehicle operated under its own motive power with one (1) motor vehicle in tow, or one or more motor vehicles in tow in saddlemount fashion, providing that saddlemounting meets the requirements prescribed by the United States department of transportation.

History:

[49-108, added 1988, ch. 265, sec. 2, p. 557; am. 1989, ch. 88, sec. 6, p.161; am. 1992, ch. 268, sec. 1, p. 829; am. 1998, ch. 110, sec. 7, p. 386.]
Idaho Code § 49-2410 — Idaho Code / Title 49 / Chapter 24 / Section 49-2410
49-2410 CERTAIN CONTRACTS VOID.
Status: in_force

49-2410. Certain contracts void. Any contract or agreement in violation of the provisions of sections 49-2401 through 49-2406, Idaho Code, shall be absolutely void and shall not be enforceable either in law or equity.

History:

[49-2410, added 1988, ch. 265, sec. 476, p. 824.]
Idaho Code § 49-3703 — Idaho Code / Title 49 / Chapter 37 / Section 49-3703
49-3703 DEFINITIONS.
Status: in_force

49-3703. DEFinitions. As used in this chapter, the following terms have the meanings as stated:

(1) "Transportation network company" or "TNC" shall mean an entity operating in Idaho that meets the requirements of this chapter and uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network company drivers. A TNC is not deemed to own, control, operate or manage the vehicles used by TNC drivers, and is not a taxicab association or a for-hire vehicle owner.

(2) "Transportation network company (TNC) driver" shall mean an individual who operates a motor vehicle that is:

(a) Owned, leased or otherwise authorized for use by the individual;

(b) Used by an individual who receives, in exchange for providing the passenger a ride, compensation that exceeds the individual's cost to provide the ride;

(c) Not a taxicab or for-hire vehicle; and

(d) Used to provide transportation network company services.

(3) "Transportation network company (TNC) services" shall mean transportation of a passenger between points chosen by the passenger and prearranged with a TNC driver through the use of a TNC digital network or software application. TNC services shall begin when a TNC driver accepts a request for transportation received through the TNC's digital network or software application service, continue while the TNC driver transports the passenger in the TNC driver's vehicle, and end when the passenger exits the TNC driver's vehicle. TNC service is not a taxicab, for-hire vehicle or street hail service.

(4) The definitions set forth in this section apply only to this chapter and not to the law of insurance contained in title 41, Idaho Code.

History:

[49-3703, added 2015, ch. 267, sec. 1, p. 1076; am. 2015, ch. 316, sec. 2, p. 1235.]
Idaho Code § 49-1310 — Idaho Code / Title 49 / Chapter 13 / Section 49-1310
49-1310 GARAGES TO REPORT.
Status: in_force

49-1310. Garages to report. The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident of which a report is required as provided in section 49-1306, Idaho Code, or struck by any bullet, shall report to the local police department if the garage is located within a city, otherwise to the office of the county sheriff or the nearest office of the state police within forty-eight (48) hours after the motor vehicle is received, giving the engine number, registration number, and the name and address of the owner or operator of the vehicle.

History:

[49-1310, added 1988, ch. 265, sec. 331, p. 742.]
Idaho Code § 49-420 — Idaho Code / Title 49 / Chapter 4 / Section 49-420
49-420 IDAHO SNOWMOBILE PLATES.
Status: in_force

49-420. Idaho snowmobile plates. (1) On and after January 1, 1999, 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 Idaho snowmobile license plates in lieu of regular 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. Availability of Idaho snowmobile 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 deposited by the state treasurer in the Idaho department of parks and recreation state snowmobile account established pursuant to section 67-7106, 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 Idaho snowmobile license plate shall be of a color and design comparable to the standard issue of license plates with blue numerals on a red, white and blue background, except that the word "Idaho" shall appear on each plate and the county designator shall be omitted to provide for distinguishing designs and slogans, acceptable to the Idaho state snowmobile association, to be added to the plate. The design shall be approved by the department and shall utilize 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 state snowmobile association.

(5) Sample Idaho snowmobile 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 deposited in the state snowmobile account within the department of parks and recreation. No additional fee shall be charged for personalizing sample plates.

History:

[49-420, added 1998, ch. 260, sec. 1, p. 862; am. 1999, ch. 315, sec. 6, p. 788; am. 2000, ch. 87, sec. 25, p. 209.]
Idaho Code § 49-945 — Idaho Code / Title 49 / Chapter 9 / Section 49-945
49-945 SAFETY GLAZING MATERIAL IN MOTOR VEHICLES.
Status: in_force

49-945. Safety glazing material in motor vehicles. No person shall sell any new motor vehicle, nor shall any new motor vehicle be registered unless the vehicle is equipped with safety glazing material of a type approved by the director wherever glazing material is used in doors, windows, and windshields. This provision shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows, and windshields in the drivers' compartments of the vehicles.

History:

[49-945, added 1988, ch. 265, sec. 263, p. 708.]
Idaho Code § 49-209 — Idaho Code / Title 49 / Chapter 2 / Section 49-209
49-209 LOCAL TRAFFIC-CONTROL DEVICES.
Status: in_force

49-209. Local traffic-control devices. Local authorities in their respective jurisdictions shall place and maintain traffic-control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this title, or local traffic ordinances, or to regulate, warn or guide traffic. All traffic-control devices erected shall conform to the state manual and specifications referred to in section 49-201, Idaho Code; provided, however, that any offense created hereunder shall constitute an infraction as the same is defined in section 49-3401(3), Idaho Code.

History:

[49-209, added 1988, ch. 265, sec. 10, p. 580.]
Idaho Code § 49-1412 — Idaho Code / Title 49 / Chapter 14 / Section 49-1412
49-1412 RELEASE OF DEFENDANT WHEN MAGISTRATE NOT AVAILABLE.
Status: in_force

49-1412. Release of defendant when magistrate not available. Whenever any person is taken into custody by an officer for the purpose of taking him before a magistrate as authorized or required in this chapter upon any charge other than a felony or the offenses enumerated in subsections (1)(a) through (d) of section 49-1405, Idaho Code, and no magistrate is available at the time of arrest, and there is no bail schedule established by any magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court, the person shall be released from custody upon the issuance to him of a written traffic citation and his signing a promise to appear.

History:

[49-1412, added 1988, ch. 265, sec. 348, p. 748.]
Idaho Code § 49-1638 — Idaho Code / Title 49 / Chapter 16 / Section 49-1638
49-1638 MANUFACTURER INCENTIVE PROGRAMS FOR MOTOR VEHICLE DEALERS.
Status: in_force

49-1638. Manufacturer incentive programs for motor vehicle dealers. (1) A manufacturer or distributor shall pay a motor vehicle dealer's claim for payment or other compensation due under a manufacturer incentive program within thirty (30) business days after receiving the claim, unless the claim is disapproved by written notice, with reasons stated, within thirty (30) business days of receipt of the dealer's claim. A claim that is not disapproved or disallowed in writing within thirty (30) business days after the manufacturer or distributor receives the claim is deemed automatically approved.

(2) A manufacturer shall not deny a claim based solely on a motor vehicle dealer's incidental failure to comply with a specific claim processing requirement, such as a clerical error or other administrative technicality that does not put into question the legitimacy of the claim.

(3) A dealer shall have sixty (60) days from the date of notification by a manufacturer or distributor of a denial or a charge-back to the dealer to resubmit a claim for payment or compensation if the claim was denied for a dealer's incidental failure as set forth in subsection (2) of this section, whether the charge-back was a direct or an indirect transaction.

(4) A motor vehicle dealer has ninety (90) days after the expiration of a manufacturer or distributor incentive program, or such longer time as provided by the franchise agreement, whichever is greater, to submit a claim for payment or compensation under the program.

(5) Notwithstanding the terms of a franchise agreement or other contract with a dealer and except as provided in subsection (6) of this section, after the expiration of one (1) year after the date of payment of the vehicle claim, a manufacturer or distributor shall not:

(a) Charge back to a motor vehicle dealer, whether directly or indirectly, the amount of a claim that has been approved and paid by the manufacturer or distributor under an incentive program;

(b) Charge back to a motor vehicle dealer, whether directly or indirectly, the cash value of a prize or other thing of value awarded to the dealer under an incentive program; or

(c) Audit the records of a motor vehicle dealer to determine compliance with the terms of an incentive program.

(6) A manufacturer or distributor may make charge-backs to a motor vehicle dealer if, after completion of an audit of the dealer's records, the manufacturer or distributor can show, by a preponderance of the evidence, that:

(a) With respect to a claim under a service incentive program, the repair work was improperly performed in a substandard manner or was unnecessary; or

(b) The claim is unsubstantiated in accordance with the manufacturer's or distributor's reasonable requirements.

(7) Notwithstanding subsections (5) and (6) of this section, a manufacturer or distributor may make charge-backs to a motor vehicle dealer for fraud at any time permitted by section 5-218, Idaho Code.

History:

[49-1638, added 2007, ch. 251, sec. 1, p. 736.]
Idaho Code § 49-245 — Idaho Code / Title 49 / Chapter 2 / Section 49-245
49-245 NEXT OF KIN DATABASE.
Status: in_force

49-245. next of kin database. (1) The department shall collect from each applicant for any type of driver's license pursuant to chapter 3, title 49, Idaho Code, or for an identification card pursuant to sections 49-2442 and 49-2443, Idaho Code:

(a) The name and phone number of no more than two (2) next of kin who are eighteen (18) years of age or older and whom the applicant wishes to be notified in the event of an emergency involving the applicant; or

(b) An indication that the applicant has chosen not to provide any next of kin information pursuant to this section.

(2) The department shall confidentially maintain all next of kin information collected pursuant to subsection (1) of this section. Such information shall be made available only under the circumstances described in subsection (3) of this section.

(3) Next of kin information collected by the department pursuant to this section shall be disclosed only to a coroner, state police officer, sheriff, or other peace officer in this state or another state for the purpose, as applicable, of making contact with the person or persons named as next of kin by an individual to report only the injury, death, or other emergency situation involving such individual. Such information shall be communicated by the department or otherwise made available to a coroner, state police officer, sheriff, or other peace officer only through the Idaho public safety and security information system.

(4) The department shall establish and maintain procedures by which individuals may update, change, or revoke their election to provide the department with next of kin information as provided for in this section. The department shall also establish and maintain procedures by which persons identified as next of kin for another individual may remove themselves as such person's next of kin.

(5) The department is authorized to promulgate rules if necessary to carry out the requirements of and to enforce the provisions of this section.

(6) For the purposes of this section only, "next of kin" means the closest living blood relative, including spouse, adult child, parents, siblings, grandparents, aunts and uncles, and cousins.

History:

[49-245, added 2024, ch. 118, sec. 1, p. 504.]
Idaho Code § 49-458 — Idaho Code / Title 49 / Chapter 4 / Section 49-458
49-458 MILITARY VEHICLES.
Status: in_force

49-458. military vehicles. Notwithstanding any provisions of law to the contrary, a vehicle built for the United States armed forces may be registered and operated on public highways of this state, because such vehicles were manufactured in accordance with department of defense military safety standards. A federal form 97 shall be provided at the time of registration. If no federal form 97 is available, the applicant may apply for a conditional title.

History:

[49-458, added 2018, ch. 237, sec. 1, p. 556.]
Idaho Code § 49-1621 — Idaho Code / Title 49 / Chapter 16 / Section 49-1621
49-1621 JUDICIAL REVIEW.
Status: in_force

49-1621. Judicial review. Any party to a hearing before the department, or any party to a hearing has the right to judicial review in the district court. Appeals shall be as provided in chapter 52, title 67, Idaho Code.

History:

[49-1621, added 1988, ch. 265, sec. 394, p. 782; am. 1993, ch. 216, sec. 49, p. 635.]
Idaho Code § 49-702 — Idaho Code / Title 49 / Chapter 7 / Section 49-702
49-702 PEDESTRIANS' RIGHT-OF-WAY IN CROSSWALKS.
Status: in_force

49-702. Pedestrians' right-of-way in crosswalks. (1) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping, if need be, to yield to a pedestrian crossing the highway within a crosswalk.

(2) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

(3) Subsection (1) of this section shall not apply under the conditions stated in section 49-704(2), Idaho Code.

(4) Whenever any vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the highway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

(5) Except where otherwise indicated by a crosswalk or other traffic-control devices a pedestrian shall cross the highway at right angles to the curb or by the shortest route to the opposite curb.

History:

[49-702, added 1988, ch. 265, sec. 193, p. 675.]
Idaho Code § 49-1204 — Idaho Code / Title 49 / Chapter 12 / Section 49-1204
49-1204 SUSPENSION FOR NONPAYMENT OF JUDGMENTS.
Status: in_force

49-1204. Suspension for nonpayment of judgments. (1) Upon receipt of a certified copy of a judgment, the department shall suspend, except as provided in section 49-1207, Idaho Code, the driver's license or the nonresident's driving privilege of any person against whom the judgment was rendered.

(2) If the judgment creditor consents in writing, in a form as the department may prescribe, that the judgment debtor be allowed a driver's license or nonresident's driving privilege, he may so be allowed by the department, in its discretion, for six (6) months from the date of consent and thereafter until consent is revoked in writing, notwithstanding default in the payment of the judgment, or of any installments prescribed in section 49-1207, Idaho Code, provided the judgment debtor furnishes proof of financial responsibility.

History:

[49-1204, added 1988, ch. 265, sec. 294, p. 727, am. 1990, ch. 45, sec. 33, p. 104.]
Idaho Code § 49-2704 — Idaho Code / Title 49 / Chapter 27 / Section 49-2704
49-2704 OTHER VEHICLES.
Status: in_force

49-2704. Other vehicles. The driver of a vehicle that is not part of a funeral procession may not:

(1) Drive between the vehicles forming a funeral procession while they are in motion except when authorized to do so by a police officer or when driving an authorized emergency vehicle emitting an audible or visible signal;

(2) Join a funeral procession to secure the right-of-way as granted in section 49-2701, Idaho Code;

(3) Pass a funeral procession on a multiple lane highway on the procession's right side unless the funeral procession is in the farthest left lane;

(4) Enter an intersection, even if the driver is facing a green traffic control signal, when a funeral procession is proceeding through a red traffic control signal at that intersection as permitted under section 49-2701, Idaho Code, unless the driver can do so without crossing the path of the funeral procession. If the red signal changes to green while the funeral procession is within the intersection, the driver of a vehicle facing a green signal may proceed subject to the right-of-way of the vehicles participating in a funeral procession.

History:

[49-2704, added 1992, ch. 311, sec. 1, p. 926.]
Idaho Code § 49-2407 — Idaho Code / Title 49 / Chapter 24 / Section 49-2407
49-2407 VIOLATION — QUO WARRANTO PROCEEDINGS.
Status: in_force

49-2407. Violation — Quo warranto proceedings. For a violation of any of the provisions of sections 49-2401 through 49-2406, Idaho Code, by any corporation or association, it shall be the duty of the attorney general of Idaho to institute proper suits of quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privileges and powers exercised by the corporation or association, and for the dissolution of them under the general statutes of this state.

History:

[49-2407, added 1988, ch. 265, sec. 473, p. 823.]
Idaho Code § 49-1604 — Idaho Code / Title 49 / Chapter 16 / Section 49-1604
49-1604 RECORDS AS EVIDENCE.
Status: in_force

49-1604. Records as evidence. Copies of all records and papers in the office of the director, authenticated under the hand and seal of the director, shall be received in evidence in all cases equally and with like effect as the original.

History:

[49-1604, added 1988, ch. 265, sec. 377, p. 762.]
Idaho Code § 49-804 — Idaho Code / Title 49 / Chapter 8 / Section 49-804
49-804 FLASHING SIGNALS.
Status: in_force

49-804. Flashing signals. (1) Whenever an illuminated flashing red or yellow light is used in a traffic signal or with a traffic sign, it shall require obedience by drivers as follows:

(a) Flashing red (stop signal).– When a red lens is illuminated with rapid intermittent flashes, a driver shall stop at a clearly marked limit line, but if none before entering the crosswalk on the near side of the intersection, or if none then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering it, and the driver may proceed subject to the rules applicable after making a stop at a stop sign.

(b) Flashing yellow (caution signal).– When a yellow lens is illuminated with rapid intermittent flashes, a driver may proceed through the intersection or past the signal only with caution.

(2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the requirements set forth in section 49-648, Idaho Code.

History:

[49-804, added 1988, ch. 265, sec. 218, p. 684.]
Idaho Code § 49-1224 — Idaho Code / Title 49 / Chapter 12 / Section 49-1224
49-1224 SELF-INSURERS.
Status: in_force

49-1224. Self-insurers. (1) Any person in whose name more than twenty-five (25) motor vehicles are registered and titled in Idaho, or engaged in the operation of a railroad, street railway system or public utility subject to the regulation of the public utilities commission irrespective of the number of vehicles registered, may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department.

(2) The department may, in its discretion, issue a certificate of self-insurance and certificate of liability insurance in a form as the department prescribes when the department is satisfied that the person is possessed and will continue to be possessed of ability to pay judgments obtained against that person upon application, and providing a statement by a certified public accountant attesting the applicant's net worth is five hundred thousand dollars ($500,000), a list of vehicles and an application fee of seventy dollars ($70.00) which shall be deposited in the state highway account.

(3) The self-insurer will be required to submit an annual financial statement showing net worth of five hundred thousand dollars ($500,000), a list of vehicles and a seventy dollar ($70.00) issue fee to be deposited in the state highway account.

(4) Upon not less than five (5) days' notice and a hearing pursuant to the notice, the department may upon reasonable grounds cancel a certificate of self-insurance. Failure to pay any judgment within thirty (30) days after a judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.

History:

[49-1224, added 1988, ch. 265, sec. 314, p. 736; am. 1992, ch. 115, sec. 30, p. 374; am. 2009, ch. 331, sec. 6, p. 958.]
Idaho Code § 49-802 — Idaho Code / Title 49 / Chapter 8 / Section 49-802
49-802 TRAFFIC-CONTROL SIGNAL LEGEND.
Status: in_force

49-802. Traffic-control signal legend. Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one (1) at a time or in combination, only the colors green, red and yellow shall be used, except for pedestrian-control signals and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(1) Green indication:

(a) A driver facing a circular green signal shall proceed straight through or turn right or left unless a sign prohibits a right or left turn. Any driver, including one turning, shall yield the right-of-way to other traffic and to pedestrians lawfully within the intersection, as defined in section 49-110, Idaho Code, or an adjacent crosswalk.

(b) A driver facing a green arrow signal, shown alone or in combination with another indication, shall enter the intersection only to make the movement indicated by the green arrow, or other movement that is permitted by other indications shown at the same time. A driver facing a left turn green arrow shall yield the right-of-way to other traffic and to pedestrians lawfully within the intersection or an adjacent crosswalk.

(c) A pedestrian facing a circular green signal, unless prohibited by a sign or otherwise directed by a pedestrian-control signal, as provided in section 49-803, Idaho Code, may proceed across the highway within any marked or unmarked crosswalk, but shall yield the right-of-way to vehicles lawfully within the intersection at the time that signal is first shown.

(d) A pedestrian facing a green arrow turn signal, unless otherwise directed by a pedestrian-control signal, as provided in section 49-803, Idaho Code, shall not enter the highway.

(2) Steady yellow indication:

(a) A driver facing a steady circular yellow or yellow arrow signal is being warned that the related green movement is ending, or that a red indication will be shown immediately after it.

(b) A pedestrian facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal, as provided in section 49-803, Idaho Code, is being warned that there is insufficient time to cross the highway.

(3) Steady red indication:

(a) A driver facing a steady circular red signal alone shall stop before entering the intersection, as defined in section 49-110, Idaho Code, and shall remain stopped until an indication to proceed is shown except as provided in paragraph (b) of this subsection. While stopped at the intersection, the driver shall remain stopped behind the marked limit line, as defined in section 49-113, Idaho Code, or if there is no marked limit line, shall not block the crosswalk.

(b) Except when a sign is in place prohibiting a turn, a driver after stopping, facing a steady circular red signal, may turn right, or turn left from a highway onto a one-way highway after stopping. Vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(c) A driver facing a steady red arrow indication shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain stopped until an indication permitting movement is shown.

(d) Unless otherwise directed by a pedestrian-control signal, a pedestrian facing a steady circular red or red arrow signal shall not enter the traffic lanes of a highway.

(e) Notwithstanding any provision of law to the contrary, the driver of a motorcycle approaching an intersection that is controlled by a triggered traffic-control signal using a vehicle detection device that is inoperative due to the size of the motorcycle, shall come to a full and complete stop at the intersection. If the signal fails to operate after one cycle of the traffic signal, the driver may proceed after exercising due caution and care. It is not a defense to a violation of section 49-801, Idaho Code, that the driver of a motorcycle proceeded under the belief that a traffic-control signal used a vehicle detection device or was inoperative due to the size of the motorcycle when such signal did not use a vehicle detection device or that any such device was not in fact inoperative due to the size of the motorcycle.

(4) When an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or crosswalk or limit line indicating where the stop shall be made, but in the absence of a sign or marking, the stop shall be made at the signal.

History:

[49-802, added 1988, ch. 265, sec. 216, p. 682; am. 1998, ch. 393, sec. 1, p. 1233; am. 2006, ch. 381, sec. 1, p. 1199.]
Idaho Code § 49-905 — Idaho Code / Title 49 / Chapter 9 / Section 49-905
49-905 HEAD LAMPS ON MOTOR VEHICLES.
Status: in_force

49-905. Head lamps on motor vehicles. (1) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the motor vehicle. The head lamps shall comply with the requirements and limitations set forth in this chapter.

(2) Every motorcycle and every motor-driven cycle shall be equipped with at least one (1) and not more than two (2) head lamps which shall comply with the requirements and limitations of this chapter.

(3) Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the head lamp of not more than fifty-four (54) inches nor less than twenty-four (24) inches to be measured as set forth in section 49-904(2), Idaho Code.

(4) No person shall operate any motor vehicle on the highways with head lamps which are composed of, covered by, or treated with any material, substance, system, or component which, when such head lamps are not in operation, is highly reflective or otherwise opaque and nontransparent.

(5) No person shall have for sale, sell, or offer for sale any motor vehicles with head lamps that are in violation of the provisions of this section.

(6) Nothing in this section shall be construed to make illegal the operation or sale of any motor vehicle, the head lamps of which are composed of, covered by, or treated with any material, substance, system, or component with which the motor vehicle was sold when new or could have been equipped for sale when new as standard or optional equipment under any United States government statute or regulation governing the sale at the time of manufacture.

(7) Any person convicted of a violation of the provisions of this section shall be guilty of an infraction.

History:

[49-905, added 1988, ch. 265, sec. 230, p. 689; am. 1992, ch. 88, sec. 1, p. 275.]
Idaho Code § 49-3709 — Idaho Code / Title 49 / Chapter 37 / Section 49-3709
49-3709 ZERO TOLERANCE FOR DRUG OR ALCOHOL USE.
Status: in_force

49-3709. zero tolerance for drug or alcohol use. (1) The TNC shall implement a zero tolerance policy on the illegal use of drugs or the use of alcohol while a TNC driver is providing TNC services or is logged into the TNC's digital network but is not providing TNC services, and shall provide notice of this policy on its website, as well as procedures to report a complaint about a driver with whom a passenger was matched and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip.

(2) Upon receipt of such passenger complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend such TNC driver's access to the TNC's digital platform, and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.

(3) The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least two (2) years from the date that a passenger complaint is received by the TNC.

History:

[49-3709, added 2015, ch. 267, sec. 1, p. 1076.]
Idaho Code § 49-439 — Idaho Code / Title 49 / Chapter 4 / Section 49-439
49-439 AUDIT GUIDELINES.
Status: in_force

49-439. Audit guidelines. (1) The state tax commission on behalf of the department may audit an owner of motor vehicles subject to fees pursuant to this chapter.

(2) Every owner whose fees are computed as specified in section 49-434 or 49-435, Idaho Code, except those registering under subsection (8)(c) of section 49-434, Idaho Code, for over fifty thousand (50,000) miles driven, shall maintain records and permit the state tax commission to inspect the records upon request to substantiate that the actual miles traveled, if using a mileage schedule in subsection (8)(c) of section 49-434, Idaho Code, are less than the maximum mileage schedule.

(3) When the records are maintained outside this state by owners engaged in transportation in this state, the owner shall reimburse the state tax commission for reasonable expenses incurred by the state tax commission in conducting audits of those records and accounts at the out-of-state location. The owner or the state tax commission may request that the records be presented at a place within the state designated by the state tax commission. The records must be presented by a representative of the owner who is familiar with the records and who is responsible for the safekeeping of the records.

(4) Every owner is required to maintain records for the current year and the three (3) years immediately preceding. If an assessment has been made, such audit assessment may be collected by a proceeding in court within a period of three (3) years after the assessment or a final order entered pursuant to subsection (7) of this section.

(5) An owner who fails to maintain records as required by the provisions of this section may have the registration of all vehicles registered under section 49-434 or 49-435, Idaho Code, suspended until such time as adequate records as required by the provisions of this section are provided. In the event that the owner does not produce records, the state tax commission may generate a notice of deficiency based on an estimate of the operation. The state tax commission shall develop a methodology to be used to calculate a notice of deficiency based on an estimate of the operation. That methodology shall be in accordance with the international registration plan and international fuel tax agreement guidelines.

(6) The state tax commission shall provide the carrier with notice of deficiency and the opportunity to use the appeals process prior to a suspension. An owner may contest a notice of deficiency made by the state tax commission within thirty (30) days from receipt of the notice by filing an appeal in accordance with sections 63-3045, 63-3045B, 63-3047, 63-3048 and 63-3049, Idaho Code.

(7) An owner, as identified by the state tax commission, who fails to pay any audit assessment due is subject to suspension of vehicle registrations. A reinstatement fee of forty dollars ($40.00) shall be imposed in addition to a penalty of ten percent (10%) of the amount of audit assessment determined to be due, plus interest of one percent (1%) of the amount of the audit assessment due for each month or fraction thereof after the original registration fee became due. An order suspending the vehicle registration shall be mailed to the owner by the department. The suspension shall be canceled if the payment due is made, plus penalty and interest, along with the reinstatement fee of forty dollars ($40.00) per carrier within fifteen (15) days after receipt of the suspension order. The reinstatement fees shall be deposited to the state highway account. The department shall not reregister or permit a vehicle to operate on a trip permit until all audit assessments, penalties and interest have been paid.

History:

[49-439, added 1993, ch. 138, sec. 1, p. 342; am. 2000, ch. 418, sec. 13, p. 1349; am. 2004, ch. 234, sec. 2, p. 691.]
Idaho Code § 49-419A — Idaho Code / Title 49 / Chapter 4 / Section 49-419A
49-419A IDAHO SAWTOOTH NATIONAL RECREATION AREA PLATES.
Status: in_force

49-419A. Idaho sawtooth national recreation area plates. (1) On and after January 1, 2000, 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 Idaho sawtooth national recreation area license plates in lieu of regular 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. Availability of Idaho sawtooth national recreation area plates for other vehicles shall be subject to the rules, policies and procedures of the department.

(2) In addition to the regular registration fees 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 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 park and recreation fund established in section 67-4225, Idaho Code, for use in the maintenance of parks and facilities. This fee shall be treated as a contribution to the outdoor recreation 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.

(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 Idaho sawtooth national recreation area license plate design shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. That portion of the design which features the Idaho sawtooth national recreation area shall be acceptable to the sawtooth society and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including the cost of the plate design, shall be paid by the sawtooth society.

(5) Sample Idaho sawtooth national recreation area plates may be purchased from the department 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 deposited by the state treasurer in the park and recreation fund for use in the maintenance of parks and facilities. No additional fee shall be charged for personalizing sample plates.

History:

[49-419A, added 1999, ch. 365, sec. 2, p. 965; am. 2000, ch. 87, sec. 24, p. 208; am. 2000, ch. 200, sec. 4, p. 495; am. 2001, ch. 73, sec. 9, p. 160.]
Idaho Code § 49-329 — Idaho Code / Title 49 / Chapter 3 / Section 49-329
49-329 NO OPERATION UNDER FOREIGN LICENSE DURING SUSPENSION OR REVOCATION IN IDAHO.
Status: in_force

49-329. No operation under foreign license during suspension or revocation in Idaho. No resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in Idaho has been suspended or revoked shall operate a motor vehicle in this state under a driver's license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after revocation until a new driver's license is obtained when and as permitted under this chapter.

History:

[49-329, added 1988, ch. 265, sec. 63, p. 604; am. 1989, ch. 88, sec. 41, p. 186.]
Idaho Code § 49-438 — Idaho Code / Title 49 / Chapter 4 / Section 49-438
49-438 PENALTY FOR EXCEEDING REGISTERED GROSS WEIGHT OR PERMITTED MAXIMUM REGISTERED GROSS WEIGHT.
Status: in_force

49-438. Penalty for exceeding registered gross weight or permitted maximum registered gross weight. (1) Any person who shall operate, cause, permit, or suffer to be operated upon any highway any vehicle or combination of vehicles with a gross weight in excess of the registered maximum gross weight of the vehicle specified in this title shall have committed a violation under the infraction or misdemeanor provisions of section 49-1013, Idaho Code.

(2) Any person who shall operate, cause, permit, or suffer to be operated upon any highway any vehicle or combination of vehicles with a gross weight in excess of the registered maximum gross weight not authorized by a valid permit issued pursuant to section 49-432, Idaho Code, shall have committed a violation under the infraction or misdemeanor provisions of section 49-1013, Idaho Code.

History:

[49-438, added 1988, ch. 265, sec. 100, p. 633; am. 1991, ch. 295, sec. 5, p. 779; am. 1993, ch. 273, sec. 3, p. 921; am. 2000, ch. 418, sec. 12, p. 1349; am. 2001, ch. 355, sec. 4, p. 1249.]
Idaho Code § 49-450A — Idaho Code / Title 49 / Chapter 4 / Section 49-450A
49-450A PLATE MANUFACTURING ACCOUNT.
Status: in_force

49-450A. Plate manufacturing account. There is hereby created in the state treasury an account to be known as the "plate manufacturing account" for the purpose of paying the actual cost to produce and distribute license plates and to pay costs related to use of the centennial design on the license plate. All moneys in this account are hereby continuously appropriated to the department. Any additional funds required to pay plate production and distribution costs will be transferred by the state controller from the state highway account. Once an adequate cash balance has accumulated in the plate manufacturing account, the state controller will transfer funds from the plate manufacturing account to reimburse the state highway account.

History:

[49-450A, added 1989, ch. 263, sec. 2, p. 642; am. 1990, ch. 233, sec. 2, p. 666; am. 1994, ch. 180, sec. 89, p. 487; am. 2005, ch. 160, sec. 2, p. 493; am. 2017, ch. 233, sec. 17, p. 573.]
Idaho Code § 49-1427 — Idaho Code / Title 49 / Chapter 14 / Section 49-1427
49-1427 VEHICLES TRANSPORTING EXPLOSIVES.
Status: in_force

49-1427. Vehicles transporting explosives. Any person operating a vehicle transporting any explosive as a cargo or part of a cargo, upon a highway, shall at all times comply with the provisions of this section.

(1) The vehicle shall be marked or placarded on each side and the rear with the word "explosives" in letters not less than eight (8) inches high, and there shall be displayed on the rear of the vehicle a red flag not less than twenty-four (24) inches square, marked with the word "danger" in white letters six (6) inches high.

(2) The vehicle shall be equipped with not less than two (2) fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle.

History:

[49-1427, added 1988, ch. 265, sec. 363, p. 754.]
Idaho Code § 49-1201 — Idaho Code / Title 49 / Chapter 12 / Section 49-1201
49-1201 DEPARTMENT TO ADMINISTER — COURT REVIEW.
Status: in_force

49-1201. Department to administer — Court review. (1) The department shall administer and enforce the provisions of this chapter.

(2) Any person aggrieved by an order or an act of the department, may, within ten (10) days after notice file a petition in the district court for Ada County for a review. The filing of such a petition shall not suspend the order or act unless a stay shall be allowed by a judge of the court pending final determination of the review. The court shall summarily hear the petition and may make any appropriate order or decree.

History:

[49-1201, added 1988, ch. 265, sec. 291, p. 726.]
Idaho Code § 49-437 — Idaho Code / Title 49 / Chapter 4 / Section 49-437
49-437 INCREASE IN MAXIMUM GROSS WEIGHT — FEES FOR REMAINING PORTION OF YEAR.
Status: in_force

49-437. Increase in maximum gross weight — Fees for remaining portion of year. (1) When a motor vehicle registered under section 49-434 or 49-435, Idaho Code, has once been registered and during the year of that registration increases the maximum gross weight, the higher fee due for the weight increase shall be offset by the fee already paid. The fee already paid and the fee due shall be prorated by one-twelfth (1/12) for each month already expired in the registration period. The difference between the two (2) fees shall be the balance due for the remainder of the registration period. If an owner changes the weight during a registration period, the weight change shall not result in a refund of the fees already paid.

(2) If a motor vehicle is not operated on any highway during the first months of a registration period, the owner may at any time thereafter be registered for the remainder of the registration period on payment of all fees, rounded to the nearest whole dollar, as provided in this chapter, less one-twelfth (1/12) of such fees for each full calendar month which has expired prior to registering, but in no event shall the minimum fee be less than five dollars ($5.00).

History:

[49-437, added 1988, ch. 265, sec. 99, p. 632; am. 1992, ch. 35, sec. 23, p. 127; am. 1998, ch. 392, sec. 14, p. 1220; am. 2000, ch. 418, sec. 11, p. 1348; am. 2007, ch. 22, sec. 2, p. 40; am. 2014, ch. 38, sec. 7, p. 76.]
Idaho Code § 49-902 — Idaho Code / Title 49 / Chapter 9 / Section 49-902
49-902 SCOPE AND EFFECT.
Status: in_force

49-902. Scope and effect. (1) It shall be unlawful for any person to drive, or move, or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in an unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with the lamps and other requirements in proper condition and adjustment, as required by the provisions of this chapter, or which is equipped in any manner in violation of the provisions of this chapter.

(2) Nothing contained in the provisions of this chapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter.

(3) The provisions of this chapter, with respect to equipment on vehicles, shall not apply to implements of husbandry, road machinery, road rollers, farm tractors or slow moving vehicles except as otherwise specifically made applicable.

History:

[49-902, added 1988, ch. 265, sec. 227, p. 688.]
Idaho Code § 49-523 — Idaho Code / Title 49 / Chapter 5 / Section 49-523
49-523 PROCEDURE WHEN DEPARTMENT UNSATISFIED AS TO OWNERSHIP OR SECURITY INTERESTS — TEMPORARY REGISTRATION PROCEDURE.
Status: in_force

49-523. Procedure when department unsatisfied as to ownership or security interests — Temporary registration procedure. (1) If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the department may register the vehicle, but shall either:

(a) Withhold issuance of a certificate of ownership until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or

(b) As a condition of issuing a certificate of ownership, require the applicant to file with the department all documents held as to the applicant's ownership of the vehicle, together with a bond in the form prescribed by the department and executed by the applicant, or a deposit of cash in a like amount. The bond shall be in an amount equal to one and one-half (1 1/2) times the value of the vehicle, as determined by the department, and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney's fees, by reason of the issuance of the certificate of ownership of the vehicle, or on account of any defect in or disclosed security interest on the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, or any cash deposit, shall be returned at the end of three (3) years, or prior to that time if the vehicle is no longer registered in this state and the current valid certificate of ownership is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.

(c) As to a vehicle at least ten (10) model years old, an applicant who is a resident of the state of Idaho may file with the department, before its authorized representative, a verified statement of facts setting out in detail the manner in which the applicant came into possession of the vehicle, the establishment of ownership, and a summary of the applicant's attempts to contact any prior owners of the vehicle. Upon receipt by the department of the verified statement and all documentation relating to the applicant's possession of the vehicle, and completion of an inspection of the vehicle identification number by an authorized representative of the department, the applicant shall execute a document in the form provided by the department releasing the department of any and all damages that may be suffered by the applicant, along with warranties that the applicant will pay any and all damages suffered by any person or entity as to the issuance of a title for that vehicle by the department. The department shall then issue a certificate of title to the applicant in a form set out by this section. The certificate of title shall include the statement, "ISSUED ON STATEMENT OF APPLICANT," in permanent letters on its face. The title issued pursuant to this subsection shall be presumed to indicate legal ownership of the vehicle at the end of the three (3) year period from the date of issue of that title, provided the vehicle is still registered in the state of Idaho, and there are no actions or claims pending against the applicant that place legal ownership in question. The department and the state of Idaho shall be immune as to any damages suffered by any person or entity as a result of the issuance of a certificate of title as provided by this subsection.

(2) Every dealer desiring the privilege of issuing temporary registration permits for the operation of vehicles shall make application to the department. If the privilege is granted, the dealer will receive a series of permits, consecutively numbered by the department, secured by the dealer at a fee of nine dollars ($9.00) for each permit. A permit subsequently issued by a dealer to a purchaser shall be valid for a period not to exceed thirty (30) days. The dealer shall issue temporary registration permits in numerical sequence, one (1) only for each vehicle sold to a bona fide purchaser. Each permit, and the attached stub, shall be completed in duplicate, in ink or by typewriter, at the time of issuance. The expiration date on the original permit shall be filled in by rubber stamp or broad-tipped marking pen, and the print shall be at least three-fourths (3/4) inch high and one-eighth (1/8) inch wide. The original permit shall be displayed in the rear window of the vehicle for which it is issued, except when issued for a convertible, station wagon, motorcycle, or other vehicle for which this would not be practical. In these exceptional cases, the permit should be conspicuously displayed in a place where the number of the permit and the expiration date may be easily read and where protected from exposure to weather conditions that would render it illegible.

(3) The dealer shall keep a written record of every temporary registration permit issued. This record shall include the name and address of the person or firm to whom the permit is issued and a description of the vehicle for which it is issued, including year, make, model, identification number, and the date of issue. This record shall list all permits in numerical sequence and shall be open to inspection by any peace officer or designated employee of the department.

(4) The fees collected from dealers by the department under the provisions of this section shall be transmitted by the department to the state treasurer for deposit in the highway distribution account.

(5) Upon application for title and for registration of a vehicle for which temporary registration has been issued under this section, the county assessor shall collect and fees shall be deemed due from the date of issuance of the temporary registration permit rather than from the date of application for title or registration.

(6) The department or a county assessor may issue temporary vehicle registration permits in emergency situations, or for two (2) thirty (30) day periods per vehicle, per owner, if such owner is attempting to sell the vehicle. The fee for a temporary registration shall be nine dollars ($9.00) and shall be valid for a period of thirty (30) days. The temporary fees collected by the department shall be transmitted to the state treasurer for deposit in the highway distribution account. Temporary fees collected by an assessor shall be distributed as follows: five dollars ($5.00) shall be deposited in the county current expense fund and four dollars ($4.00) shall be transmitted to the department for deposit through the state treasurer in the highway distribution account.

History:

[49-523, added 1988, ch. 265, sec. 138, p. 653; am. 1991, ch. 153, sec. 12, p. 368; am. 2009, ch. 331, sec. 5, p. 956; am. 2014, ch. 38, sec. 14, p. 81; am. 2024, ch. 41, sec. 1, p. 245.]
Idaho Code § 49-420R — Idaho Code / Title 49 / Chapter 4 / Section 49-420R
49-420R CHOOSE LIFE LICENSE PLATES.
Status: in_force

49-420R. CHOOSE LIFE LICENSE PLATES. (1) Effective January 1, 2021, 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 choose life license plates in lieu of regular 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. Availability of choose life 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 this chapter, 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. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) 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-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be transferred by the state treasurer to Choose Life Idaho, Inc., and shall be used in Idaho to provide grant dollars to support life-affirming pregnancy resource centers in order to help pregnant women choose life for their babies and to encourage adoption as a positive choice for women with unplanned pregnancies.

(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 display the plates on another vehicle only upon receipt of the new registration from the department.

(4) The choose life license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be acceptable to Choose Life Idaho, Inc., and shall be approved by the Idaho transportation 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 Choose Life Idaho, Inc.

(5) Sample choose life license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to Choose Life Idaho, Inc., to be used for the purpose stated in subsection (2) of this section.

History:

[49-420R, added 2020, ch. 42, sec. 2, p. 96.]
Idaho Code § 49-659 — Idaho Code / Title 49 / Chapter 6 / Section 49-659
49-659 STOPPING, STANDING OR PARKING OUTSIDE BUSINESS OR RESIDENTIAL DISTRICTS.
Status: in_force

49-659. Stopping, standing or parking outside business or residential districts. (1) Outside a business or residential district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave the vehicle off the roadway, but in every event in an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicle shall be available from a distance of two hundred (200) feet in each direction upon the highway.

(2) This section and sections 49-660 and 49-661, Idaho Code, shall not apply to the driver of any vehicle which is disabled in such a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the vehicle in that position.

History:

[49-659, added 1988, ch. 265, sec. 182, p. 670.]
Idaho Code § 49-416A — Idaho Code / Title 49 / Chapter 4 / Section 49-416A
49-416A AMERICA250 PLATES.
Status: in_force

49-416A. America250 plates. (1) Notwithstanding the provisions of section 49-402C, Idaho Code, on and after July 1, 2026, 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 America250 license plates in lieu of regular 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 America250 license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.

(3) In addition to the regular registration 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 the 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 heritage trust.

(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) The America250 license plate shall have a red, white, and blue background and display the text "America250" centered on the bottom. The design shall be acceptable to the Idaho heritage trust and shall be approved by the department. Beginning January 1, 2027, the text "America250" shall no longer be required. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho heritage trust.

(6) Sample America250 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 heritage trust.

History:

[49-416A, added 2026, ch. 223, sec. 3, p. 998.]
Idaho Code § 49-1802 — Idaho Code / Title 49 / Chapter 18 / Section 49-1802
49-1802 PRESUMED RESPONSIBILITY.
Status: in_force

49-1802. PRESUMED RESPONSIBILITY. (1) The abandonment of any vehicle shall create a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the costs incurred in the removal, storage, and disposition of the vehicle, less any amount received from the disposition of the vehicle.

(2) The owner of any vehicle removed pursuant to this chapter is presumed responsible for the vehicle and is thereby liable for the costs incurred in the removal, storage, and disposition of the vehicle, less any amounts received from the disposition of the vehicle.

(3) If a vehicle is found abandoned or found under extraordinary circumstances and is removed at the direction of any authorized officer and is not redeemed by the owner or lienholder within seven (7) days of the tow, the last registered owner of record is guilty of a traffic infraction, unless the owner has filed a release of liability with the department pursuant to section 49-526, Idaho Code, in which case the transferee shown on the release of liability shall be guilty of a traffic infraction.

(4) Vehicles towed under the provisions of this chapter cannot be disposed of without a title or a junk certificate.

(5) If a law enforcement agency places a call or requests a tow company to remove a vehicle, it shall be classified as a law enforcement-directed tow and the provisions of this chapter shall apply.

History:

[49-1802, added 2025, ch. 218, sec. 2, p. 1027.]
Idaho Code § 49-1608D — Idaho Code / Title 49 / Chapter 16 / Section 49-1608D
49-1608D NEW APPLICANTS AND SUSPENSION OF FEES.
Status: in_force

49-1608D. new applicants and suspension of fees. In addition to the fees collected pursuant to section 49-1608C, Idaho Code, applicants for an initial motor vehicle dealer's license shall maintain a license bond pursuant to section 49-1608, Idaho Code, for three (3) consecutive years. If the fee has been temporarily suspended pursuant to section 49-1608B(3), Idaho Code, the new dealer shall pay the last set fee into the fund during the initial three (3) year licensing period. Only those renewing licensees who have not been the subject of a claim against their bond or against the fund for three (3) consecutive years shall be exempt from the requirement to maintain such bond as required pursuant to the provisions of section 49-1608, Idaho Code.

History:

[49-1608D, added 2013, ch. 136, sec. 4, p. 319.]
Idaho Code § 49-673 — Idaho Code / Title 49 / Chapter 6 / Section 49-673
49-673 SAFETY RESTRAINT USE.
Status: in_force

49-673. Safety restraint use. (1) Except as provided in section 49-672, Idaho Code, and subsection (2) of this section, each occupant of a motor vehicle that has a gross vehicle weight of not more than eight thousand (8,000) pounds, and that was manufactured with safety restraints in compliance with federal motor vehicle safety standard no. 208, shall have a safety restraint properly fastened about the occupant's body at all times when the vehicle is in motion.

(2) The provisions of this section shall not apply to:

(a) An occupant of a motor vehicle who possesses a written statement from a licensed physician that the occupant is unable for medical reasons to wear a safety restraint;

(b) Occupants of motorcycles, implements of husbandry and emergency vehicles;

(c) Occupants of seats of a motor vehicle in which all safety restraints are then properly in use by other occupants of that vehicle; or

(d) Mail carriers only if all vehicle regulations and safety practices of the United States postal service are adhered to.

(3)(a) A citation may be issued to:

(i) Any occupant of the motor vehicle who is age eighteen (18) years or older and fails to wear a safety restraint as required in this section; and

(ii) The operator of the motor vehicle who is age eighteen (18) years or older if any occupant under eighteen (18) years of age fails to wear a safety restraint as required in this section. For purposes of this subparagraph, it shall be deemed a single violation regardless of the number of occupants not properly restrained.

(b) A person issued a citation pursuant to this subsection shall be subject to a fine of ten dollars ($10.00). A conviction under this subsection shall not result in violation point counts as prescribed in section 49-326, Idaho Code, nor shall such a conviction be deemed to be a moving traffic violation for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer.

(4) A citation may be issued to the operator of the motor vehicle if the operator is under eighteen (18) years of age and the operator or any other occupant who is under eighteen (18) years of age fails to wear a safety restraint as required in this section. For purposes of this subsection, it shall be deemed a single violation regardless of the number of occupants not properly restrained. A person issued a citation pursuant to this subsection shall be subject to a fine of ten dollars ($10.00), plus court costs. A conviction under this subsection shall not result in violation point counts as prescribed in section 49-326, Idaho Code. In addition, a conviction under this subsection shall not be deemed to be a moving traffic violation for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer.

(5) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when the operator of the motor vehicle has been detained for a suspected violation of another law.

(6) The department shall initiate and conduct an educational program, to the extent sufficient private donations or federal funds for this specific purpose are available to the department, to encourage compliance with the provisions of this section and to publicize the effectiveness of use of safety restraints and other restraint devices in reducing risk of harm to occupants of motor vehicles.

(7) The department shall evaluate the effectiveness of the provisions of this section and shall include a report of its findings in its annual evaluation report on the Idaho highway safety plan which it submits to the national highway traffic safety administration and federal highway administration pursuant to 23 U.S.C. section 402.

(8) The failure to use a safety restraint shall not be considered under any circumstances as evidence of contributory or comparative negligence, nor shall such failure be admissible as evidence in any civil action with regard to negligence.

History:

[49-673, added 1988, ch. 265, sec. 190, p. 674; am. 1989, ch. 192, sec. 1, p. 474; am. 1989, ch. 310, sec. 22, p. 795; am. 2003, ch. 183, sec. 1, p. 497; am. 2014, ch. 320, sec. 2, p. 794; am. 2018, ch. 139, sec. 1, p. 285; am. 2018, ch. 295, sec. 2, p. 699; am. 2023, ch. 32, sec. 4, p. 163.]
Idaho Code § 49-434A — Idaho Code / Title 49 / Chapter 4 / Section 49-434A
49-434A PENALTIES FOR FAILURE TO PAY OPERATING FEES.
Status: in_force

49-434A. Penalties for failure to pay operating fees. Any motor vehicle or combination of vehicles operated in Idaho for which the proper registration and operating fees in Idaho have not been paid under the provisions of section 49-432, 49-434 or 49-435, Idaho Code, shall have committed a misdemeanor punishable as provided in section 49-1013, Idaho Code, and shall, upon discovery, be subject to the following additional penalties:

Seizure and detention for up to seventy-two (72) hours by any law enforcement agency or port of entry personnel of the vehicle and its entire cargo if the cargo does not consist of perishable food products or livestock;

(1) Release from detention shall be accomplished only by presentation of proper evidence that the applicable fees have been paid; or

(2) Off-loading of any cargo onto a properly licensed and registered vehicle.

History:

[49-434A, added 1994, ch. 291, sec. 1, p. 912; am. 1995, ch. 251, sec. 1, p. 826; am. 1998, ch. 392, sec. 12, p. 1216; am. 2005, ch. 182, sec. 1, p. 557.]
Idaho Code § 49-3713 — Idaho Code / Title 49 / Chapter 37 / Section 49-3713
49-3713 NO DISCRIMINATION — ACCESSIBILITY.
Status: in_force

49-3713. no discrimination — accessibility. (1) The TNC shall adopt a policy of nondiscrimination with respect to passengers and potential passengers and notify TNC drivers of such policy;

(2) TNC drivers shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers;

(3) TNC drivers shall comply with all applicable laws relating to accommodation of service animals;

(4) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities; and

(5) A TNC shall provide passengers an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a TNC cannot arrange wheelchair-accessible TNC service in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.

History:

[49-3713, added 2015, ch. 267, sec. 1, p. 1077.]
Idaho Code § 49-904 — Idaho Code / Title 49 / Chapter 9 / Section 49-904
49-904 VISIBILITY DISTANCE AND MOUNTED HEIGHT OF LAMPS.
Status: in_force

49-904. Visibility distance and mounted height of lamps. (1) Whenever a requirement is stated as to the distance from which certain lamps and devices shall render objects visible, or within which lamps or devices shall be visible, those provisions shall apply during the times stated in section 49-903, Idaho Code, in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.

(2) Whenever a requirement is stated as to the mounted height of lamps or devices, it shall mean from the center of the lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load.

History:

[49-904, added 1988, ch. 265, sec. 229, p. 689.]
Idaho Code § 49-1312 — Idaho Code / Title 49 / Chapter 13 / Section 49-1312
49-1312 DEPARTMENT TO TABULATE AND ANALYZE ACCIDENT REPORTS.
Status: in_force

49-1312. Department to tabulate and analyze accident reports. The department shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number of circumstances of traffic accidents.

History:

[49-1312, added 1988, ch. 265, sec. 333, p. 743.]
Idaho Code § 49-1304 — Idaho Code / Title 49 / Chapter 13 / Section 49-1304
49-1304 DUTY UPON STRIKING FIXTURES UPON OR ADJACENT TO A HIGHWAY.
Status: in_force

49-1304. Duty upon striking fixtures upon or adjacent to a highway. The driver of any vehicle involved in an accident resulting in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of the property of the fact, of his name and address, the name of his insurance agent or company if he has automobile liability insurance, the motor vehicle registration number of the vehicle he is driving, and upon request and if available exhibit his driver's license.

History:

[49-1304, added 1988, ch. 265, sec. 325, p. 741; am. 1989, ch. 88, sec. 52, p. 191.]
Idaho Code § 49-204 — Idaho Code / Title 49 / Chapter 2 / Section 49-204
49-204 MISREPRESENTATION TO OBTAIN RECORDS.
Status: in_force

49-204. Misrepresentation to obtain records. Any person requesting disclosure of personal information from department records who misrepresents his identity or makes a false statement to the department on any application required to be submitted to obtain records shall be guilty of perjury.

History:

[49-204, added 1997, ch. 80, sec. 10, p. 188.]
Idaho Code § 49-430 — Idaho Code / Title 49 / Chapter 4 / Section 49-430
49-430 REGISTRATION TO BE RENEWED.
Status: in_force

49-430. Registration to be renewed. (1) Reregistration of vehicles shall be accomplished annually or by registration period in the same manner as the original registration and upon the payment of the required fee. The director may extend this date as to individuals, counties or the state for not to exceed forty-five (45) days for good cause shown.

(2) A violation of the provisions of this section shall be an infraction.

History:

[49-430, added 1988, ch. 265, sec. 92, p. 622; am. 1989, ch. 310, sec. 17, p. 791.]
Idaho Code § 49-637 — Idaho Code / Title 49 / Chapter 6 / Section 49-637
49-637 DRIVING ON HIGHWAYS LANED FOR TRAFFIC.
Status: in_force

49-637. Driving on highways laned for traffic. Whenever any highway has been divided into two (2) or more clearly marked lanes for traffic the following, in addition to all else, shall apply:

(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

(2) Upon a highway which is divided into three (3) lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic within a safe distance, or in preparation for making a left-turn or where the center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and the allocation is designated by a traffic-control device.

(3) Traffic-control devices may be erected directing specified traffic to use a designated lane, or designate those lanes to be used by traffic moving in a particular direction, regardless of the center of the highway and drivers of vehicles shall obey the directions of every device.

(4) Traffic-control devices may be installed prohibiting the changing of lanes on sections of highways and drivers of vehicles shall obey the directions of every device.

History:

[49-637, added 1988, ch. 265, sec. 166, p. 663.]
Idaho Code § 49-1619 — Idaho Code / Title 49 / Chapter 16 / Section 49-1619
49-1619 PRODUCTION OF WITNESSES AND DOCUMENTS.
Status: in_force

49-1619. Production of witnesses and documents. In the preparation and conduct of hearings, the department has the power to require the attendance and testimony of any witness, the production of any papers or books, may sign and issue subpoenas, administer oaths and examine witnesses, and take any evidence it considers pertinent to the determination of the matter, and any witnesses so subpoenaed shall be entitled to the same fees and mileage as prescribed by law in judicial proceedings in the district court of this state in civil action, but the payment of fees and mileage must be out of, and kept within the limits of, the funds created from license fees authorized in this chapter. The party against whom the matter may be pending shall have the right to obtain a subpoena from the department for any witnesses he may desire at the hearing, and depositions may be taken as in civil court cases in the district court. Any information obtained from the books and records of the person complained against may not be used against him as the basis for a criminal prosecution under the laws of this state.

History:

[49-1619, added 1988, ch. 265, sec. 392, p. 782.]
Idaho Code § 49-925 — Idaho Code / Title 49 / Chapter 9 / Section 49-925
49-925 LIGHTING EQUIPMENT ON MOTOR-DRIVEN CYCLES.
Status: in_force

49-925. Lighting equipment on motor-driven cycles. The head lamp upon every motor-driven cycle may be of the single-beam or multiple-beam type, but in either event shall comply with the requirements and limitations as follows:

(1) Every head lamp on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred (100) feet when the motor-driven cycle is operated at any speed less than twenty-five (25) miles per hour and at a distance of not less than two hundred (200) feet when the motor-driven cycle is operated at a speed of twenty-five (25) or more miles per hour, and at a distance of three hundred (300) feet when the motor-driven cycle is operated at a speed of thirty-five (35) miles or more per hour.

(2) In the event a motor-driven cycle is equipped with multiple-beam head lamps, the beams shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in section 49-922, Idaho Code.

(3) In the event a motor-driven cycle is equipped with a single-beam lamp, the lamp shall be so aimed that when the vehicle is loaded, none of the high-intensity portion of light, at a distance of twenty-five (25) feet ahead, shall project higher than the level of the center of the lamp from which it comes.

History:

[49-925, added 1988, ch. 265, sec. 251, p. 701.]
Idaho Code § 49-1315 — Idaho Code / Title 49 / Chapter 13 / Section 49-1315
49-1315 REPORT AND INVESTIGATION OF TRAFFIC HAZARD CAUSING ACCIDENT.
Status: in_force

49-1315. Report and investigation of traffic hazard causing accident. Whenever any investigation or judicial action stemming from a traffic accident which resulted in death or injury to any person or damage to any property in an apparent extent of five hundred dollars ($500) or more results in a finding that a physical traffic hazard caused or was responsible for the traffic accident, the investigating traffic enforcement officer or presiding judicial officer shall submit a written statement of his finding to the safety engineer of the department and to the board of county commissioners of the county in which the accident occurred. Within sixty (60) days, the department shall examine and report on the alleged traffic hazard. Copies of the report shall be sent to the reporting traffic enforcement officer or presiding judicial officer who originated the action and the board of county commissioners of the county in which the accident occurred. The report by the department shall contain the engineer's explanation of the hazard and shall propose what can be done to alleviate the hazard or what has been done to alleviate the hazard, or information to fully explain why no action has been taken or is anticipated.

History:

[49-1315, added 1988, ch. 265, sec. 336, p. 744.]
Idaho Code § 49-669 — Idaho Code / Title 49 / Chapter 6 / Section 49-669
49-669 SNOWMOBILE OPERATION LIMITED.
Status: in_force

49-669. Snowmobile operation limited. (1) No person shall operate a snowmobile on any controlled-access highway.

(2) No person shall operate a snowmobile on any other highway except when crossing the highway at a right angle, when use of the highway by other vehicles is impossible because of snow, or when the operation is authorized by the authority having jurisdiction over the highway.

History:

[49-669, added 1988, ch. 265, sec. 188, p. 673.]
Idaho Code § 49-2436 — Idaho Code / Title 49 / Chapter 24 / Section 49-2436
49-2436 SALES TAX NOT APPLICABLE.
Status: in_force

49-2436. Sales tax not applicable. Laws imposing a tax on the sale of goods and services shall not apply to money received by a driver as part of a ridesharing arrangement.

History:

[49-2436, added 1988, ch. 265, sec. 493, p. 830.]
Idaho Code § 49-403B — Idaho Code / Title 49 / Chapter 4 / Section 49-403B
49-403B GOLD STAR — LICENSE PLATES.
Status: in_force

49-403B. gold star — license plates. (1) In this section:

(a) "Qualifying cause of death" means a death of a person while serving in the armed forces of the United States on active duty as the division of veterans services may define by rule.

(b) "Qualifying family member" means a surviving spouse, parent, stepparent, child, stepchild, sibling, half-sibling, stepsibling, grandparent, or legal guardian:

(i) Of a person who died due to a qualifying cause of death; or

(ii) Who has been awarded a gold star lapel pin.

(2) Qualifying family members are eligible to apply for gold star license plates. As proof of eligibility, the applicant shall furnish to the department a statement from the division of veterans services certifying eligibility.

(3) The division of veterans services shall establish by rule the requirements for receipt of a certificate of eligibility, including proof of qualifying familial relationship to the deceased service member, the death of the service member due to a qualifying cause of death, or proof of having been awarded a gold star lapel pin.

(4) No special plate program fee shall be charged in addition to regular registration or renewal of registration of a motor vehicle owned by the spouse, parent, or stepparent of a service member who receives gold star license plates.

(5) A qualifying family member who is not the spouse, parent, or stepparent shall be charged the regular registration fee and plate fee required in section 49-450, Idaho Code, and an additional 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 gold star license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited in the veterans support fund, section 65-209, Idaho Code, and shall be used to defray the costs of administration of the eligibility certification program and to provide programs to support veterans.

(6) Gold star license plates shall be used only on a motor vehicle owned by the qualifying family member.

(7) Whenever title or interest in a motor vehicle registered under this section is transferred or assigned, the registration shall expire, but the qualifying family member may transfer the gold star license plates to another motor vehicle upon payment of the required transfer fees. The qualifying family member may display the gold star license plates only after receipt of new registration from the department.

(8) A qualifying family member shall not register more than two (2) motor vehicles under this section. This section shall not apply to any motor vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds, nor to any vehicle registered under section 49-434(5), Idaho Code.

(9) Gold star license plates may be retained and displayed on motor vehicles owned by the surviving spouse of a qualifying family member. In addition, the surviving spouse is eligible to reapply for and shall be issued gold star license plates if the deceased qualifying family member died on or after January 1 of the five (5) years preceding the date of reapplication for the gold star license plates. Such plates shall be used only on a motor vehicle owned by the surviving spouse of the qualifying family member.

(10) The gold star license plates shall be of a color and design acceptable to the veterans affairs commission and approved by the department, utilizing a numbering system as determined by the department. Gold star license plates shall not be subject to discontinuance pursuant to section 49-402C(6), Idaho Code.

History:

[49-403B, added 2009, ch. 213, sec. 1, p. 672; am. 2022, ch. 157, sec. 1, p. 544.]
Idaho Code § 49-239 — Idaho Code / Title 49 / Chapter 2 / Section 49-239
49-239 DISPOSITION OF FINES, PENALTIES, FORFEITURES AND FEES.
Status: in_force

49-239. Disposition of fines, penalties, forfeitures and fees. All fines, penalties, and forfeitures collected for violations of any of the provisions of chapter 4 of this title, shall be remitted to the state treasurer and placed in the highway distribution account.

(2) All other fines, penalties and forfeitures collected by any court or judge, for violation of motor vehicle laws, for violation of state driving privilege laws or for any other provisions of this title, shall be distributed as provided in section 19-4705, Idaho Code.

(3) All fees collected shall be remitted to the state treasurer and placed in the highway distribution account unless otherwise provided in this title.

History:

[49-239, added 1988, ch. 265, sec. 31, p. 588.]
Idaho Code § 49-2446 — Idaho Code / Title 49 / Chapter 24 / Section 49-2446
49-2446 FRAUDULENT MISREPRESENTATION.
Status: in_force

49-2446. Fraudulent misrepresentation. It is unlawful for any person to fraudulently misrepresent his age to any dispenser of intoxicating or alcoholic beverages or to falsely procure an identification card, or to alter any of the statements contained in the identification card, or to manufacture, produce, sell, offer for sale, or transfer to another person any document purporting to be a certificate of birth or identification card.

In addition to the misdemeanor penalties that may be imposed for violation of the provisions of this section, the court upon conviction may enter an order directing the department to suspend the driver's license, a permit to drive, or any nonresident's driving privileges for a period of ninety (90) days. A conviction under this section shall not be used as a factor or considered in any manner for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer, nor shall such conviction be grounds for nonrenewal of any insurance policy as provided in section 41-2507, Idaho Code.

History:

[49-2446, added 1988, ch. 265, sec. 501, p. 831; am. 1989, ch. 342, sec. 2, p. 866, am. 1990, ch. 45, sec. 41, p. 109.]
Idaho Code § 49-212 — Idaho Code / Title 49 / Chapter 2 / Section 49-212
49-212 AUTHORITY FOR STOP SIGNS AND YIELD SIGNS.
Status: in_force

49-212. Authority for stop signs and yield signs. The department and local authorities with reference to highways under their jurisdiction may erect and maintain stop signs, yield signs, or other traffic-control devices to designate through highways, or to designate intersections or other junctions at which vehicular traffic on one or more of the highways should yield, or stop and yield, before entering the intersection or junction.

History:

[49-212, added 1988, ch. 265, sec. 13, p. 581.]
Idaho Code § 49-1503 — Idaho Code / Title 49 / Chapter 15 / Section 49-1503
49-1503 PENALTIES FOR VIOLATIONS OF STATUTES AND ORDINANCES.
Status: in_force

49-1503. Penalties for violations of statutes and ordinances. (1) No local authority may, by ordinance, regulation or otherwise make any act a misdemeanor which, but for that ordinance or regulation, would constitute an infraction under any provision of this chapter and all such acts made a misdemeanor or for which a misdemeanor penalty has been established by any local authority through ordinance, regulation or otherwise are hereby declared to be infractions as defined in section 49-110, Idaho Code.

(2) The penalty for an infraction citation and the judgment entered for the commission of an infraction shall be the amount provided in section 18-113A, Idaho Code.

History:

[49-1503, added 1988, ch. 265, sec. 370, p. 756; am. 2014, ch. 236, sec. 5, p. 599.]
Idaho Code § 49-713 — Idaho Code / Title 49 / Chapter 7 / Section 49-713
49-713 APPLICATION.
Status: in_force

49-713. Application. (1) The parent of any child and the guardian of any ward shall not authorize or knowingly permit the child or ward to violate any of the provisions of the remainder of this chapter.

(2) Statutes applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to exceptions stated herein.

History:

[49-713, added 1988, ch. 265, sec. 202, p. 677.]
Idaho Code § 49-522 — Idaho Code / Title 49 / Chapter 5 / Section 49-522
49-522 ENDORSEMENT “FOR JUNK ONLY” ON CERTIFICATE WHEN VEHICLE SOLD OR TRANSFERRED — OPERATION PROHIBITED.
Status: in_force

49-522. Endorsement "for junk only" on certificate when vehicle sold or transferred — Operation prohibited. (1) The owner of any vehicle who sells or transfers it to another with the intention or understanding that the vehicle is not to be used as an operating unit shall, at the time of sale or transfer, endorse on the face of the certificate of title to that vehicle the words "for junk only," and the department shall place those words on the face of each subsequent certificate of title to that vehicle.

(2) No person shall operate upon a highway any vehicle, the certificate of title to which has been so endorsed, and no person shall sell or attempt to sell that vehicle for use as an operating unit.

History:

[49-522, added 1988, ch. 265, sec. 137, p. 653; am. 1991, ch. 153, sec. 11, p. 368; am. 2021, ch. 180, sec. 5, p. 500.]
Idaho Code § 49-948 — Idaho Code / Title 49 / Chapter 9 / Section 49-948
49-948 RESTRICTIONS AS TO TIRE EQUIPMENT.
Status: in_force

49-948. Restrictions as to tire equipment. (1) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one (1) inch thick above the edge of the flange of the entire periphery.

(2) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the highway.

(3) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, spike, or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except as allowed herein. It shall be permissible to use farm machinery with tires having protuberances which will not injure the highway, and it shall be permissible to use tire chains. Tires with built-in lugs of tungsten carbide or other suitable material, hereinafter called studs, may be used upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid, that will not unduly damage the highway. Motor vehicles, trailers and semitrailers with tires having built-in studs are prohibited on public highways between the dates of May 1 and September 30, annually, except as provided in paragraphs (a), (b) and (c) of this subsection:

(a) Fire pumper/tanker trucks and ladder trucks belonging to fire departments and firefighting agencies are exempt from the prohibited dates.

(b) A vehicle may be equipped year-round with tires that have retractable studs if the studs retract pneumatically or mechanically to at or below the wear bar of the tire when not in use and the retractable studs protrude beyond the wear bar of the tire only between October 1 and April 30. Retractable studs may be made of metal or other material and are not subject to the stud weight requirements of subsection (4) of this section.

(c) Special exemptions from the prohibited dates may be granted by the Idaho transportation board if it is found by the board that enhancements to public safety outweigh the increased pavement wear.

(4) Commercial tire retailers shall not sell studded tires with studs exceeding the following weight and protrusion limitations after July 1, 2005. Commercial tire retailers and tire shops shall not manually install studs exceeding the following weight and protrusion limitations after July 1, 2005.

(a) Studs shall not protrude more than six-hundredths (.06) of an inch from the surface of the tire tread when originally installed.

(b) Stud size shall be as recommended by the manufacturer of the tire for the type and size of the tire.

(c) Studs shall individually weigh no more than one and one-half (1.5) grams if the stud is size 14 or less.

(d) Studs shall individually weigh no more than two and three-tenths (2.3) grams if the stud size is 15 or 16.

(e) Studs shall individually weigh no more than three (3) grams if the stud size is 17 or larger.

(5) If the Idaho transportation department determines, at any time, that Lookout Pass or Fourth of July Pass on interstate 90 or Lolo Pass on state highway 12 is of an unsafe condition so as to require chains, as defined in section 49-104, Idaho Code, in addition to pneumatic tires, the Idaho transportation department may establish requirements for the use of chains on all commercial vehicles as defined in section 49-123(2)(d)(i) and (ii), Idaho Code, traveling on interstate 90 or state highway 12. If the Idaho transportation department establishes that chains are so required, the Idaho transportation department shall:

(a) Provide multiple advance notices of the chain requirement;

(b) Provide adequate opportunities for pull out;

(c) Provide notification at a point at which the commercial vehicle can safely pull out of the normal flow of traffic, prior to the point at which chains are required; and

(d) In no case post requirements for chains on bare pavement.

(6) Provided that the conditions in subsection (5) of this section are met, the chain requirement shall be met by chaining a minimum of one (1) tire on each side of:

(a) One (1) drive axle, regardless of the number of drive axles; and

(b) One (1) axle at or near the rear of each towed vehicle. Such axle shall not include a variable load suspension axle or an axle of a converter dolly.

(7) Chains as required in subsection (6)(a) and (b) of this section mean "chains" as defined in section 49-104, Idaho Code. Any other traction device differing from chains in construction, material or design but capable of providing traction equal to or exceeding that of chains under similar conditions may be used.

(8) The Idaho transportation department shall place and maintain signs and other traffic control devices on the interstate and state highway passes as designated in subsection (5) of this section that indicate the chain requirements under subsection (6) of this section.

(9) Exempt from the chaining requirements provided for in subsections (5) and (6) of this section are:

(a) Motor vehicles operated by the Idaho transportation department when used in the maintenance of the interstate or state highway system; and

(b) The following:

(i) Motor vehicles employed solely in transporting school children and teachers to or from school or to or from approved school activities, when the motor vehicle is either:

1. Wholly owned and operated by such school; or

2. Leased or contracted by such school and the motor vehicle is not used in furtherance of any other commercial enterprise;

(ii) Motor vehicles controlled and operated by any farmer when used in the transportation of the farmer's farm equipment or in the transportation of supplies to the farmer's farm;

(iii) The transportation of agricultural products at any time of the year;

(iv) Motor propelled vehicles for the sole purpose of carrying United States mail or property belonging to the United States;

(v) Motor carriers transporting products of the forest at any time of the year, including chip trucks;

(vi) Motor carriers transporting products of the mine including sand, gravel and aggregates thereof, excepting petroleum products; and

(vii) Vehicles properly equipped, designed and customarily used for the transportation of disabled or abandoned vehicles by means of a crane, hoist, tow bar, dolly or roll bed, commonly known as a "wrecker truck" or "tow truck."

History:

[49-948, added 1988, ch. 265, sec. 264, p. 709; am. 2003, ch. 124, sec. 1, p. 374; am. 2007, ch. 101, sec. 1, p. 305; am. 2008, ch. 330, sec. 3, p. 907; am. 2009, ch. 157, sec. 10, p. 470; am. 2014, ch. 38, sec. 18, p. 86; am. 2015, ch. 208, sec. 8, p. 646.]
Idaho Code § 49-417G — Idaho Code / Title 49 / Chapter 4 / Section 49-417G
49-417G WHITE AND BLACK LICENSE PLATES.
Status: in_force

49-417G. White and black LICENSE Plates. (1) On and after July 1, 2026, 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 white and black license plates in lieu of regular 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 the white and black license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.

(3) In addition to the regular registration fee required pursuant to this chapter, the applicant shall be charged a fee of seventy dollars ($70.00) for the initial issuance of plates and fifty dollars ($50.00) for each succeeding annual registration. Five dollars ($5.00) of the initial fee and five dollars ($5.00) 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. Sixty-five dollars ($65.00) of each initial fee and forty-five dollars ($45.00) of each renewal fee shall be transferred by the state treasurer to the Idaho law enforcement fund created pursuant to section 67-2914, Idaho Code, and shall be used exclusively for the purposes described in section 49-454(3), Idaho Code.

(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 white and black license plate shall have a white background and black characters. The design 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 law enforcement fund.

(6) The white and black license plate established in this section shall be exempt from the requirements of section 49-402D, Idaho Code.

(7) Sample white and black license plates may be purchased for a fee of thirty dollars ($30.00), five dollars ($5.00) of which shall be deposited in the state highway account and twenty-five dollars ($25.00) of which shall be transferred to the Idaho law enforcement fund and shall be used exclusively for the purposes described in section 49-454(3), Idaho Code. No additional fee shall be charged for personalizing sample plates.

History:

[49-417G, added 2026, ch. 85, sec. 2, p. 452.]
Idaho Code § 49-1602 — Idaho Code / Title 49 / Chapter 16 / Section 49-1602
49-1602 ADMINISTRATION — POWERS AND DUTIES.
Status: in_force

49-1602. Administration — Powers and duties. The department shall:

(1) Issue, and for reasonable cause shown, refuse to issue an applicant any license authorized under the provisions of this chapter. The department may refuse to issue all license types to any applicant, other than a partnership or corporation, if the applicant fails to comply with the terms and provisions of this chapter or the rules of the board, or if the applicant has been convicted of a violation of any of the provisions of this chapter, chapter 5, title 49, Idaho Code, section 49-1418, Idaho Code, chapter 6, title 48, Idaho Code, any felony committed in conjunction with a dealership or of any federal odometer law or regulation. Should the applicant be a partnership or a corporation, the department may refuse to issue a license to the applicant where it determines that one (1) or more of the partners of a partnership, or one (1) or more of the stockholders or officers of a corporation, was previously the holder of a license which was revoked or suspended, and the license revoked never reissued or the suspended license never reinstated, or that one (1) or more of the partners, stockholders, or officers, though not previously the holder of a license, has violated any of the provisions of this chapter or of an applicable rule or regulation, or of federal motor vehicle safety standards.

(2) For just cause shown, revoke or suspend, on terms, conditions, and for a period of time as the department shall consider fair and just, any license or licenses issued pursuant to the provisions of this chapter. No license shall be revoked or suspended unless it shall be shown that the licensee has violated a provision of this chapter or of an applicable rule or regulation, or of federal motor vehicle safety standards. An Idaho licensed motor vehicle dealer or licensed motor vehicle salesman who is convicted of one (1) or more of the offenses set forth in subsection (1) of this section shall not be eligible to reapply for a motor vehicle dealer's or salesman's license until all outstanding customer complaints have been resolved to the department's satisfaction and for the following time periods from the date of conviction: misdemeanor convictions: three (3) years for the first conviction and seven (7) years for every subsequent conviction; felony convictions: ten (10) years for the first conviction and ten (10) years for every subsequent conviction. The holder of a motor vehicle dealer's license shall not be eligible to apply for a motor vehicle salesman's license within the same time periods set forth in this subsection when convicted of one (1) or more of the offenses set forth in subsection (1) of this section.

(3) On its own motion, upon the sworn complaint of any person, investigate any suspected or alleged violation by a licensee of any of the provisions of this chapter or of an applicable rule or regulation.

(4) Prescribe forms for applications for licenses and qualifications for an applicant for licensure. Every application for a license shall contain, in addition to other information required by the department, the following:

(a) The name and residence address of the applicant and the trade name, if any, under which he intends to conduct his business. If the applicant is a copartnership, the name and residence address of each member, whether a limited or general partner, and the name under which the partnership business is to be conducted. If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers and directors.

(b) A complete description, including the city with the street number, of the principal place of business and any other and additional places of business operated and maintained by the applicant in conjunction with the principal place of business.

(c) Copies of any letters of franchise for new vehicles that the applicant has been enfranchised to sell or exchange, and the name or names and addresses of the manufacturer or distributor who has enfranchised the applicant.

(d) Names and addresses of the persons who shall act as salesmen under the authority of the license, if issued.

(e) A copy of the certificate of assumed business name, if required, shall be filed with the secretary of state.

(f) For a manufacturer's license, the name or names and addresses of each and every distributor, factory branch, and factory representative.

(g) For a salesman's license, certification by the dealer by whom the salesman will be employed, that he has examined the background of the applicant, and to the best of the dealer's knowledge, is qualified to be licensed under the sponsorship of the licensed dealer.

(h) Before a dealer who is not exempted from the continuing education requirements as provided in section 49-1637(2), Idaho Code, may apply for a renewal of a vehicle dealer's license, he shall provide to the department a certification from an accredited educational system, private vocational school, correspondence school or trade association approved by the department stating that the vehicle dealer has satisfied the four (4) hour continuing education requirements as specified in section 49-1637(1), Idaho Code.

(i) Before any vehicle dealer's license is issued by the department to an applicant who is not licensed with the department as a dealer within the previous twelve (12) calendar months and who is not exempted from the continuing education requirements as provided in section 49-1637(2), Idaho Code, the applicant shall provide to the department a certification from an accredited educational institution, private vocational school, correspondence school or trade association approved by the department stating that the applicant has satisfactorily completed the prelicensing class or program requirements, including a written examination of material presented, specified in section 49-1637(1), Idaho Code.

(5) Refuse to issue any license under the provisions of this chapter if, upon investigation, the department finds that any information contained in the application is incomplete, incorrect or fictitious.

(6) Require that a dealer's principal place of business, and other locations operated and maintained by him in conjunction with his principal place of business, have erected or posted signs or devices providing information relating to the dealer's name, location and address of the principal place of business, and the number of the license held by the dealer.

(7) Provide for regular meetings of the dealer advisory board, to be held not less frequently than semiannually. Notices of meetings of the advisory board shall be mailed to all members not less than five (5) days prior to the date on which the meeting is to be held.

(8) Inspect, prior to licensing, the principal place of business and other sites or locations as may be operated and maintained by the applicant.

(9) Seek and consider the advisory board's recommendations and comments regarding proposed rules promulgated for the administration of the provisions of this chapter.

(10) Require the attendance of not less than one (1) or more than three (3) advisory board members at all hearings held relating to this chapter.

History:

[49-1602, added 1988, ch. 265, sec. 375, p. 759; am. 1991, ch. 272, sec. 6, p. 695; am. 1998, ch. 392, sec. 20, p. 1225; am. 2003, ch. 98, sec. 1, p. 315; am. 2010, ch. 329, sec. 1, p. 873; am. 2017, ch. 234, sec. 1, p. 574.]
Idaho Code § 49-1207 — Idaho Code / Title 49 / Chapter 12 / Section 49-1207
49-1207 INSTALLMENT PAYMENT OF JUDGMENTS — DEFAULT.
Status: in_force

49-1207. Installment payment of judgments — Default. (1) A judgment debtor upon due notice to the judgment creditor may apply to the court in which judgment was rendered for the privilege of paying the judgment in installments and the court may, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, so order and fix the amounts and times of payment of the installments.

(2) The department shall not suspend a driver's license or a nonresident's driving privilege, and shall restore any driver's license or nonresident's driving privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default.

(3) In the event the judgment debtor fails to pay any installment as specified by such order, then upon notice of default, the department shall suspend the driver's license or nonresident's driving privilege of the judgment debtor until the judgment is satisfied, as provided in this chapter.

History:

[49-1207, added 1988, ch. 265, sec. 297, p. 728; am. 1990, ch. 45, sec. 35, p. 104.]
Idaho Code § 49-615 — Idaho Code / Title 49 / Chapter 6 / Section 49-615
49-615 DRIVERS TO EXERCISE DUE CARE.
Status: in_force

49-615. Drivers to exercise due care. Notwithstanding other provisions of this title or the provisions of any local ordinance, every driver of a motor vehicle shall exercise due care to avoid colliding with any pedestrian or any operator or rider of a human-powered vehicle, bicycle, or electric-assisted bicycle and shall give an audible signal when necessary. Every driver of a motor vehicle shall exercise proper precaution upon observing any child or any obviously confused, incapacitated, or intoxicated person.

History:

[49-615, added 1988, ch. 265, sec. 152, p. 658; am. 2026, ch. 24, sec. 1, p. 114.]
Idaho Code § 49-602 — Idaho Code / Title 49 / Chapter 6 / Section 49-602
49-602 UNATTENDED MOTOR VEHICLE.
Status: in_force

49-602. Unattended motor vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first locking the vehicle if the engine is running, effectively setting the parking brake and, when standing upon any grade, turning the front wheels to the curb or side of the highway. The provisions of this section do not apply to motor vehicles on private property.

History:

[49-602, added 1988, ch. 265, sec. 141, p. 656; am. 2017, ch. 71, sec. 1, p. 170.]
Idaho Code § 49-1307 — Idaho Code / Title 49 / Chapter 13 / Section 49-1307
49-1307 ACCIDENT REPORT FORMS.
Status: in_force

49-1307. Accident report forms. (1) The department shall prepare and upon request supply to police departments, coroners, sheriffs, garages, and other suitable agencies or individuals, forms for written accident reports required by this chapter, appropriate with respect to the persons required to make those reports and the purposes to be served. Written reports shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing, and the persons and vehicles involved.

(2) Every accident report required to be made in writing shall be made on the appropriate form approved by the department, and shall contain all of the information required on the form unless not available.

History:

[49-1307, added 1988, ch. 265, sec. 328, p. 742.]
Idaho Code § 49-656 — Idaho Code / Title 49 / Chapter 6 / Section 49-656
49-656 SPECIAL SPEED LIMITATIONS.
Status: in_force

49-656. Special speed limitations. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to the bridge or structure, when the structure is posted as provided in this title.

History:

[49-656, added 1988, ch. 265, sec. 181, p. 669.]
Idaho Code § 49-405 — Idaho Code / Title 49 / Chapter 4 / Section 49-405
49-405 RADIO AMATEURS — SPECIAL LICENSE PLATES.
Status: in_force

49-405. Radio amateurs — Special license plates. (1) In order to enhance visibility and identification of radio amateurs during times of emergency, any radio amateur residing in the state of Idaho may, upon application to the department, register one (1) motor vehicle per radio license issued by the federal government and receive for that vehicle special license plates in lieu of regular 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. The number on the plates shall be the same combination of figures and letters that make up the radio call sign of the amateur radio operator.

(2) The radio amateur license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The distinguishing features of the license plate shall be:

(a) A representation of a radio tower emitting radio waves in the form of lightning bolts with the phrase "Amateur Radio" beneath it;

(b) The phrase "CQ DE" spelled out in international Morse code; and

(c) The phrase "Emergency Communication" at the bottom of the plate and underneath the call sign.

(3) The design and any slogan on the plate shall be acceptable to the Idaho section of the American radio relay league. Any future design or redesign of the plate shall also be approved by the Idaho section of the American radio relay league. Initial costs of the plate program, including costs of plate design, shall be borne by the department.

(4) Proof of holding an amateur license from the federal communications commission must be furnished to the department before the plates will be issued. Should the amateur's radio license expire during any given year and not be renewed, the special license plates must be surrendered to the department and regular license plates obtained.

(5) Radio amateurs will notify the department at a time to be set by the department of their intention to procure special license plates under the terms specified in this section. Failure to do so will result in the amateur being required to accept regular license plates should the department be unable to procure the special plates. Special plates may still be procured when available, but amateurs will be subject to the usual transfer fee.

(6) Whenever an amateur transfers or assigns his title or interest to a vehicle especially registered, the registration shall expire but the amateur may hold his special license plates, which he may have reissued to him upon the payment of the required transfer fees. He may display the plates only after receipt of new registration from the department.

(7) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the plate fee specified in section 49-450, Idaho Code.

History:

[49-405, added 1988, ch. 265, sec. 74, p. 610; am. 1992, ch. 261, sec. 7, p. 763; am. 1994, ch. 278, sec. 1, p. 866; am. 1998, ch. 113, sec. 3, p. 419; am. 2000, ch. 87, sec. 7, p. 195; am. 2023, ch. 29, sec. 1, p. 147.]
Idaho Code § 49-614 — Idaho Code / Title 49 / Chapter 6 / Section 49-614
49-614 STOP WHEN TRAFFIC OBSTRUCTED.
Status: in_force

49-614. Stop when traffic obstructed. No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians, railroad trains, or other on-track equipment, regardless of any traffic control signal indication to proceed.

History:

[49-614, added 1988, ch. 265, sec. 151, p. 658; am. 2021, ch. 168, sec. 1, p. 471.]
Idaho Code § 49-401 — Idaho Code / Title 49 / Chapter 4 / Section 49-401
49-401 REGISTRATION FEE IN LIEU OF PROPERTY TAX.
Status: in_force

49-401. Registration fee in lieu of property tax. The registration fee imposed for vehicles under the provisions of this chapter shall be in lieu of all taxes on vehicles, general or local, and vehicles properly registered and for which the required fee for any part of the previous year has been paid shall be exempt from ad valorem taxation.

History:

[49-401, added 1988, ch. 265, sec. 70, p. 606; am. 1992, ch. 35, sec. 7, p. 112.]
Idaho Code § 49-1624 — Idaho Code / Title 49 / Chapter 16 / Section 49-1624
49-1624 DISCLOSURE OF DAMAGE REQUIRED.
Status: in_force

49-1624. Disclosure of damage required. On any new vehicle, any uncorrected damage or any corrected damage exceeding six percent (6%) of the manufacturer's suggested retail price, as measured by retail repair costs, must be disclosed in writing prior to delivery. Damage to glass, tire and bumpers is excluded from the six percent (6%) requirement when replaced by identical manufacturer's original equipment.

History:

[49-1624, added 1988, ch. 265, sec. 397, p. 783.]
Idaho Code § 49-1902 — Idaho Code / Title 49 / Chapter 19 / Section 49-1902
49-1902 EXISTING STATUTES NOT REPEALED.
Status: in_force

49-1902. Existing statutes not repealed. All existing statutes prescribing weight and size standards and all existing statutes relating to special permits shall continue to be of force and effect until amended or repealed by law.

History:

[49-1902, added 1988, ch. 265, sec. 439, p. 807.]
Idaho Code § 49-2403 — Idaho Code / Title 49 / Chapter 24 / Section 49-2403
49-2403 THREATS ON PART OF FINANCING COMPANY AFFILIATED WITH MANUFACTURER OR DEALER.
Status: in_force

49-2403. Threats on part of financing company affiliated with manufacturer or dealer. Any threat, expressed or implied, made directly or indirectly, to any person engaged in the business of selling motor vehicles at retail in this state by any person, or any agent of any such person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles in this state, and is affiliated with or controlled by any person engaged, directly or indirectly in the manufacture or wholesale distribution only of motor vehicles, that the person engaged in the manufacture or distribution shall terminate his contract with or cease to sell motor vehicles to a person engaged in the sale of motor vehicles at retail in this state unless that person finances the purchase or sale of any one or any number of vehicles only with or through a designated person or class of persons, or sells and assigns the conditional sales contracts, chattel mortgages or leases arising from his retail sale of motor vehicles, or any one or any number thereof only to a person engaged in financing the purchase or sale of motor vehicles, or in buying conditional sales contracts, chattel mortgages or leases on motor vehicles, shall be presumed to be made at the direction of and with the authority of the person engaged in the manufacture or distribution of motor vehicles, and shall be prima facie evidence of the fact that the person engaged in the manufacture or wholesale distribution only of motor vehicles has sold or intends to sell them on the condition or with the agreement or understanding prohibited in section 49-2401, Idaho Code.

History:

[49-2403, added 1988, ch. 265, sec. 469, p. 821.]
Idaho Code § 49-333 — Idaho Code / Title 49 / Chapter 3 / Section 49-333
49-333 PROHIBITIONS.
Status: in_force

49-333. Prohibitions. No person shall:

(1) Cause or knowingly permit his child or ward under the age of eighteen (18) years to operate a motor vehicle upon any highway when the child or ward is not authorized under or is in violation of any of the provisions of this chapter.

(2) Authorize or knowingly permit a motor vehicle owned by him or under his control to be operated upon any highway by any person who is not authorized under or is in violation of any of the provisions of this chapter.

(3) Employ as a chauffeur of a motor vehicle any person not then licensed as provided in this chapter.

History:

[49-333, added 1988, ch. 265, sec. 67, p. 605.]
Idaho Code § 49-1615 — Idaho Code / Title 49 / Chapter 16 / Section 49-1615
49-1615 SUCCESSION TO OWNERSHIP.
Status: in_force

49-1615. Succession to ownership. Notwithstanding the terms, provisions or conditions of any franchise:

(1) A licensee may appoint by will, or any other written instrument, a designated family member to succeed in the ownership interest in the dealership.

(2) Unless there exists good cause for refusal to honor succession on the part of the manufacturer, any designated family member of a deceased or incapacitated owner of a dealership may succeed to the ownership under the existing franchise, provided the designated family member gives the manufacturer written notice of his intention to succeed to the ownership of the dealership within one hundred twenty (120) days of the owner's death or incapacity, and the designated family member agrees to be bound by all the terms and conditions of the franchise.

(3) The manufacturer may request, and the designated family member shall provide, promptly upon request, personal and financial data that is reasonably necessary to determine whether the succession should be honored.

(4) If a manufacturer believes that good cause exists for refusing to honor the succession to the ownership of a dealership by a family member of a deceased or incapacitated owner of a dealership under the existing franchise agreement, the manufacturer may, not more than sixty (60) days following receipt of notice of the designated family member's intent to succeed to the ownership of the dealership, or any personal or financial data which it has requested, serve upon the designated family member and the department, notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer no sooner than ninety (90) days from the date notice is served. The notice must state the specific grounds for a refusal to honor the succession. A protest may be filed in accordance with the provisions of section 49-1617, Idaho Code.

(5) If notice of refusal and discontinuance is not timely served upon the family member, the franchise shall continue in effect subject to termination only as otherwise permitted under this chapter.

(6) This chapter does not preclude the owner of a dealership from designating any person as his successor by written instrument filed with the manufacturer and, in the event there is a conflict between that written instrument and the provisions of this section, and that written instrument has not been revoked by the owner of the dealership, in writing, to the manufacturer, then the written instrument shall govern.

History:

[49-1615, added 1988, ch. 265, sec. 388, p. 777.]
Idaho Code § 49-728 — Idaho Code / Title 49 / Chapter 7 / Section 49-728
49-728 PATH USE BY ELECTRIC-ASSISTED BICYCLES.
Status: in_force

49-728. path use by electric-assisted bicycles. Electric-assisted bicycles may be used in places where bicycles are permitted to travel including but not limited to multiuse paths, unless excluded by local ordinance or by signage posted by the public agency with jurisdiction after notice by inclusion on a governing board agenda.

History:

[49-728, added 2019, ch. 84, sec. 10, p. 210.]
Idaho Code § 49-640 — Idaho Code / Title 49 / Chapter 6 / Section 49-640
49-640 VEHICLES APPROACHING OR ENTERING UNMARKED OR UNCONTROLLED INTERSECTION.
Status: in_force

49-640. Vehicles approaching or entering unmarked or uncontrolled intersection. (1) When two (2) vehicles approach or enter an unmarked or uncontrolled intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.

(2) The right of way rule declared in subsection (1) of this section is modified as follows:

(a) At "T" intersections where one (1) highway ends when it meets a second highway not ending at that point of convergence. When two (2) vehicles approach or enter a "T" intersection from different directions at approximately the same time, the driver of the vehicle on the highway ending at the intersection shall yield the right of way to the other vehicle;

(b) At through highways; and

(c) Otherwise as stated in this title.

History:

[49-640, added 1988, ch. 265, sec. 169, p. 664; am. 1996, ch. 403, sec. 1, p. 1336.]
Idaho Code § 49-523A — Idaho Code / Title 49 / Chapter 5 / Section 49-523A
49-523A TITLE STOP WHEN OWNERSHIP OF VEHICLE DISPUTED.
Status: in_force

49-523A. title stop when ownership of vehicle disputed. (1) Whenever a party claims an interest in a vehicle subject to a title, the party may request a title stop be placed upon the title record of the vehicle.

(2) The request for title stop shall be provided to the department, together with documentation supporting the request and the fee required pursuant to the provisions of section 49-202(2)(i), Idaho Code.

(3) A verbal request to the department for a title stop may be placed on the title record for up to five (5) business days upon advising the requestor of the requirements and giving the requestor time to send the written request. Failure to send the written request shall terminate the request at the end of the five (5) business days.

(4) Upon receipt of the request for title stop, the department may place a stop on the title record of the subject vehicle if it appears from the documentation provided that there exists a reasonable dispute as to the ownership of the vehicle.

(5) Notwithstanding the placement of a stop or the filing of a stop request, the department shall process an application for title accompanied by a properly completed affidavit of repossession, or to record a lien or encumbrance, unless the requestor of the stop has provided the department with a court order restraining the issuance of title. In all other applications for title, the department shall place or maintain a stop and shall notify the title applicant that a stop is in place.

(6) Once the title stop is placed by the department, the requesting party shall provide evidence of a judicial filing relating to the subject vehicle within thirty (30) days of the title stop becoming effective. Failure to provide such evidence shall result in the department's cancellation of the title stop.

(a) Upon receipt of a written request for a title stop and the required fee, the department shall send notice of the title stop to the titled owners and any other party with recorded interest or lienholder recorded on the title records of the department.

(b) Upon receipt by the department of satisfactory evidence of a judicial filing, the title stop shall remain in place until a final order of the judicial proceeding is received, the requesting party has instructed the department to remove the stop, the requesting party has failed to respond to notice under paragraph (c) of this subsection or for one (1) year, unless renewed by the requestor, whichever comes first.

(c) Except as provided in subsection (5) of this section, if a person files evidence with the department that the person has acquired title to the vehicle for which a title stop has been placed, then the department shall send notice to the original requesting party providing ten (10) business days from the date notice was mailed to object to the release of the title stop. If the department does not receive timely response from the requesting party or if the requesting party instructs the department to remove the stop, then the title stop shall be immediately released.

(7) During the pendency of the title stop, no title applications for the vehicle to which the stop pertains shall be processed by the department except as otherwise provided in this section.

(8) Title stops requested by a governmental agency shall be exempt from the provisions of subsection (6) of this section. Such title stop shall be valid for two (2) years, unless renewed by the governmental agency requesting the stop. Governmental agencies shall be exempt from the fee required in section 49-202(2)(i), Idaho Code.

(9) The provisions of this section shall be effective for any title stop received on and after July 1, 2015.

History:

[49-523A, added 2015, ch. 203, sec. 1, p. 616.]
Idaho Code § 49-501 — Idaho Code / Title 49 / Chapter 5 / Section 49-501
49-501 TITLING REQUIREMENTS — EXEMPTIONS.
Status: in_force

49-501. Titling requirements — Exemptions. (1) The provisions of this chapter shall apply to every vehicle required to be registered with the department in chapter 4, title 49, Idaho Code.

(2) In addition, the titling requirements of this chapter shall apply to the following vehicles which are not required to be registered under the provisions of chapter 4, title 49, Idaho Code:

(a) All-terrain vehicles, motorbikes, snowmobiles and utility type vehicles as defined in section 67-7101, Idaho Code, except that such vehicles having an internal combustion engine with a displacement of less than fifty (50) cubic centimeters will not be titled;

(b) Manufactured homes as defined in section 39-4105, Idaho Code;

(c) Recreational vehicles that conformed with the definition of a park model recreational vehicle in section 49-117, Idaho Code, when new, that are not registered; and

(d) Truck campers as defined in section 49-121, Idaho Code, that were originally constructed with an overall length of six (6) feet or longer. Titling is optional for truck campers acquired before January 1, 2009. Liens and encumbrances on truck campers that were filed with the office of the secretary of state in compliance with chapter 9, title 28, Idaho Code, prior to January 1, 2009, shall be in full force and effect until said lien or encumbrance is satisfied and released by the lienholder who perfected the original lien or encumbrance.

(3) Certain vehicles which are required to be registered under the provisions of chapter 4, title 49, Idaho Code, shall be exempt from the titling requirements of this chapter as follows:

(a) Utility trailers whose unladen weight is less than two thousand (2,000) pounds; and

(b) The board may, by rule, exempt vehicles and motor vehicles registered under the provisions of sections 49-434 and 49-435, Idaho Code, from the titling requirements of this chapter.

(4) Vehicles exempt from registration under the provisions of section 49-426, Idaho Code, are exempt from the titling requirements of this chapter, unless otherwise specifically required by the provisions of subsection (2) of this section.

History:

[49-501, added 1988, ch. 265, sec. 116, p. 643; am. 1989, ch. 358, sec. 1, p. 900; am. 1999, ch. 170, sec. 3, p. 460; am. 2006, ch. 42, sec. 6, p. 128; am. 2008, ch. 106, sec. 3, p. 300; am. 2008, ch. 198, sec. 6, p. 642; am. 2017, ch. 134, sec. 9, p. 320.]
Idaho Code § 49-2002 — Idaho Code / Title 49 / Chapter 20 / Section 49-2002
49-2002 EXPENSES OF COMPACT ADMINISTRATOR.
Status: in_force

49-2002. Expenses of compact administrator. The compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on account of his service as the administrator, but shall be entitled to expenses incurred in connection with his duties and responsibilities as administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his office or employment.

History:

[49-2002, added 1988, ch. 265, sec. 443, p. 811.]
Idaho Code § 49-912 — Idaho Code / Title 49 / Chapter 9 / Section 49-912
49-912 OBSTRUCTED LIGHTS NOT REQUIRED.
Status: in_force

49-912. Obstructed lights not required. Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp, except tail lamps, need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicles required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.

History:

[49-912, added 1988, ch. 265, sec. 238, p. 694.]
Idaho Code § 49-1411 — Idaho Code / Title 49 / Chapter 14 / Section 49-1411
49-1411 APPEARANCE BEFORE MAGISTRATE — PROCEDURE.
Status: in_force

49-1411. Appearance before magistrate — Procedure. A person shall be taken before a magistrate or given a traffic citation and the charge subsequently processed, as provided by rule of the supreme court.

History:

[49-1411, added 1988, ch. 265, sec. 347, p. 748.]
Idaho Code § 49-652 — Idaho Code / Title 49 / Chapter 6 / Section 49-652
49-652 SCHOOL SAFETY PATROLS — FAILURE TO OBEY UNLAWFUL.
Status: in_force

49-652. school safety patrols — failure to obey unlawful. (1) It shall be unlawful for the operator of any vehicle to fail to stop his or her vehicle when directed to do so by a member of a school safety patrol who is on duty and who is wearing the school-designated insignia of a school safety patrol member. It shall further be unlawful for the operator of any vehicle to disregard any other reasonable directions of a properly identified member of a school safety patrol while he or she is on duty.

(2) For the purposes of this section, a school safety patrol consists of one (1) or more student body members appointed by an administrative officer of a school. A school safety patrol member shall wear a badge or other appropriate insignia marked "School Patrol" while in the performance of his or her duties, and may display "STOP" or other proper traffic directional signs at school crossings or other points where school children are crossing or about to cross a public street or highway.

History:

[49-652, added 2017, ch. 60, sec. 2, p. 138; am. 2018, ch. 73, sec. 1, p. 169.]
Idaho Code § 49-124 — Idaho Code / Title 49 / Chapter 1 / Section 49-124
49-124 DEFINITIONS — W.
Status: in_force

49-124. Definitions — W. (1) "Wheelchair, motorized." (See "Motorized wheelchair," section 49-114, Idaho Code)

(2) "Wholesaler" means a dealer who sells used vehicles to Idaho dealers.

(3) "Work zone" means a construction or maintenance area that is located on or adjacent to a highway and marked by appropriate warning signs.

(4) "Wrecker" means a motor vehicle designed and used primarily for towing other vehicles that may be disabled. A wrecker engaged in a motor vehicle recovery operation and which is blocking part or all of one (1) or more lanes of traffic shall be designated an emergency vehicle.

History:

[49-124, added 1988, ch. 265, sec. 2, p. 570; am. 1989, ch. 310, sec. 7, p. 779; am. 2005, ch. 83, sec. 2, p. 298.]
Idaho Code § 49-1636 — Idaho Code / Title 49 / Chapter 16 / Section 49-1636
49-1636 CONSIGNMENT SALES.
Status: in_force

49-1636. Consignment sales. (1) An owner who consigns a vehicle to a vehicle dealer to be offered for sale or exchange on behalf of the owner to a third party purchaser, shall provide the dealer with either the certificate of title to the vehicle along with a power of attorney designating the dealer as an agent of the owner, or a duly executed consignment agreement between the dealer and the owner, along with a copy of the certificate of title of the vehicle being consigned.

(2) A consignment agreement shall contain at the least, the following:

(a) The name and current address of the owner of the vehicle as shown on the certificate of title;

(b) The name and current address of any person holding a lien on the vehicle;

(c) The name of the consignee;

(d) A description of the vehicle including the vehicle's make, model, vehicle identification number and odometer reading; and

(e) A statement that the owner has appointed the vehicle dealer as his agent for the purpose of offering the vehicle for sale.

History:

[49-1636, added 1991, ch. 272, sec. 19, p. 709.]
Idaho Code § 49-3701 — Idaho Code / Title 49 / Chapter 37 / Section 49-3701
49-3701 SHORT TITLE.
Status: in_force

49-3701. SHORT TITLE. This chapter shall be cited as the "Transportation Network Company Services Act."

History:

[49-3701, added 2015, ch. 267, sec. 1, p. 1075.]
Idaho Code § 49-716 — Idaho Code / Title 49 / Chapter 7 / Section 49-716
49-716 CLINGING TO OR FOLLOWING VEHICLES.
Status: in_force

49-716. Clinging to or following vehicles. (1) No person riding upon any bicycle, coaster, roller skates, skateboard, sled or toy vehicle shall attach it or himself to any vehicle upon a highway.

(2) The provisions of this section shall not prohibit the attachment of a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer has been designed for that attachment.

(3) No person riding upon any bicycle or human-powered vehicle shall follow a vehicle so closely as to constitute an immediate hazard to the rider.

History:

[49-716, added 1988, ch. 265, sec. 205, p. 678.]
Idaho Code § 49-675 — Idaho Code / Title 49 / Chapter 6 / Section 49-675
49-675 LEGISLATIVE INTENT.
Status: in_force

49-675. legislative intent. The Idaho transportation department and the Idaho state police are authorized to enter into one (1) or more joint exercise of powers agreements pursuant to sections 67-2328 through 67-2333, Idaho Code, as deemed necessary to implement the provisions of this act. The purpose of this legislation is to provide a practical inspection method to ensure regulation with a minimum amount of disruption.

History:

[49-675, added 2020, ch. 327, sec. 1, p. 943.]
Idaho Code § 49-526 — Idaho Code / Title 49 / Chapter 5 / Section 49-526
49-526 RELEASE OF LIABILITY UPON SALE OF VEHICLE.
Status: in_force

49-526. Release of liability upon sale of vehicle. (1) The department shall require that a separate release of liability statement be completed by the owner of a motor vehicle upon sale or transfer of the motor vehicle to another party. The statement shall be forwarded to the department by the former owner, together with the proper fee as provided in section 49-202, Idaho Code, within five (5) days of delivery of the motor vehicle to a dealer, purchaser or other transferee. The statement shall include the motor vehicle identification number, vehicle description, name of seller, name and address of buyer or other transferee, date of sale, odometer reading, and sales price. Provided that:

(a) A lienholder may complete the release of liability on behalf of the registered owner when the title is released by the lienholder directly to a dealer or new purchaser.

(b) Motor vehicle dealers licensed under chapter 16, title 49, Idaho Code, are not required to report dealer-to-dealer transfers to the department. However, dealers are required to maintain a record of the transfer for audit and tracking purposes.

(2) Any former owner who files a release of liability statement with the department pursuant to this section shall not be liable under section 49-2417, Idaho Code, nor shall the former owner be liable for any motor vehicle infractions, towing, storage, repair or service charges that may occur subsequent to delivery of the vehicle to a dealer, purchaser or other transferee.

(3) It shall be unlawful for any person to knowingly file or attempt to file a release of liability statement which contains false information.

History:

[49-526, added 1996, ch. 271, sec. 2, p. 884; am. 2002, ch. 366, sec. 2, p. 1033; am. 2003, ch. 153, sec. 1, p. 440.]
Idaho Code § 49-911 — Idaho Code / Title 49 / Chapter 9 / Section 49-911
49-911 VISIBILITY OF REFLECTORS, CLEARANCE LAMPS, AND MARKER LAMPS.
Status: in_force

49-911. Visibility of reflectors, clearance lamps, and marker lamps. (1) Every reflector upon any vehicle referred to in section 49-909, Idaho Code, shall be of a size and characteristic and maintained to be readily visible at nighttime from all distances within six hundred (600) feet to one hundred (100) feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color light to the sides, and those mounted on the rear shall reflect a red color to the rear.

(2) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred (500) feet from the front and rear, respectively, of the vehicle.

(3) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred (500) feet from the side of the vehicle on which mounted.

History:

[49-911, added 1988, ch. 265, sec. 237, p. 693.]
Idaho Code § 49-107 — Idaho Code / Title 49 / Chapter 1 / Section 49-107
49-107 DEFINITIONS — F.
Status: in_force

49-107. Definitions — F. (1) "Factory branch" means a branch office maintained by a person who manufactures or assembles vehicles for sale to distributors or to dealers, or for directing or supervising, in whole or in part, its representatives.

(2) "Factory representative" means any person and each officer and employee engaged as a representative of a manufacturer of vehicles or by a factory branch for the purpose of making or promoting a sale of their vehicles, or for supervising or contacting their dealers or prospective dealers.

(3) "Farm tractor" means every motor vehicle designed or adapted and used primarily as a farm implement power unit operated with or without other farm implements attached in any manner consistent with the structural design of that power unit.

(4) "Farm vehicle." (See "Vehicle," section 49-123, Idaho Code)

(5) "Federal motor vehicle safety standards (FMVSS)" means those safety standards established by the national highway traffic safety administration, under title 49 CFR part 500-599, for the safe construction and manufacturing of self-propelled motorized vehicles for operation on public highways. Such vehicles as originally designed and manufactured shall be so certified by the manufacturer to meet the federal motor vehicle safety standards or the standards in force for a given model year or as certified by the national highway traffic safety administration.

(6) "Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year.

(7) "Fifth wheel trailer." (See "Trailer," section 49-121, Idaho Code)

(8) "Financial institution" means any bank that is authorized to do business in the state of Idaho and any other financial institution that is registered with the department of finance.

(9) "Flammable liquid" means any liquid which has a flash point of 70 degrees Fahrenheit, or less, as determined by a tagliabue or equivalent closed-cup test device.

(10) "Fleet" means one (1) or more apportionable vehicles.

(11) "Fleet registration" means an optional form of registration through the department rather than a county assessor for registration of twenty-five (25) or more commercial or farm vehicles or any combination thereof. This registration is not an option for fleets of rental vehicles. Terms and conditions are further specified in section 49-434(5), Idaho Code.

(12) "Fold down camping trailer." (See "Trailer," section 49-121, Idaho Code)

(13) "Foreign vehicle." (See "Vehicle," section 49-123, Idaho Code)

(14) "Forest products" means all products derived from trees including, but not limited to, saw logs, veneer logs, poles, cedar products, pulp logs, fence posts, wood chips and every form into which a fallen tree may be cut before it is manufactured into lumber or run through a processing mill or cut into cordwood, stove wood or hewn ties.

(15) "Franchise" means a sales, service and parts agreement or any other contract or agreement between a dealer and a manufacturer of new vehicles or its distributor or factory branch by which the dealer is authorized to engage in the business of selling any specified make or makes of new vehicles.

(16) "Full-time salesman" means any person employed as a vehicle salesman on behalf of a dealer for thirty (30) or more hours per week, and who sells, purchases, exchanges or negotiates for the sale, purchase or exchange of five (5) or more vehicles during each year in which his license is in effect.

History:

[49-107, added 1988, ch. 265, sec. 2, p. 556; am. 1989, ch. 88, sec. 5, p. 160; am. 1991, ch. 272, sec. 3, p. 690; am. 1998, ch. 392, sec. 2, p. 1199; am. 2008, ch. 198, sec. 2, p. 633; am. 2011, ch. 327, sec. 2, p. 953; am. 2015, ch. 208, sec. 2, p. 638.]
Idaho Code § 49-412 — Idaho Code / Title 49 / Chapter 4 / Section 49-412
49-412 VEHICLE DEALER LOANER PLATE.
Status: in_force

49-412. Vehicle dealer loaner plate. (1) A dealer, owning a vehicle may obtain, upon application to the department upon a proper form and payment of the fee required, and display on a vehicle loaned to a customer, a loaner vehicle number plate. The plate shall be the same design and numbering system as the plate issued for passenger vehicles or motorcycles.

(2) The fee for each loaner plate or registration card shall be as provided in section 49-402(1), Idaho Code, for new vehicles.

(3) All such fees shall be paid to the state treasurer and deposited to the state highway account.

History:

[49-412, added 1988, ch. 265, sec. 81, p. 616; am. 1994, ch. 246, sec. 2, p. 767; am. 2026, ch. 9, sec. 6, p. 70.]
Idaho Code § 49-701 — Idaho Code / Title 49 / Chapter 7 / Section 49-701
49-701 PEDESTRIAN OBEDIENCE TO TRAFFIC-CONTROL DEVICES AND TRAFFIC REGULATIONS.
Status: in_force

49-701. Pedestrian obedience to traffic-control devices and traffic regulations. (1) A pedestrian shall obey the instructions of any traffic-control devices specifically applicable to him, unless otherwise directed by a peace officer.

(2) Pedestrians shall be subject to traffic and pedestrian-control signals as provided in sections 49-802 and 49-803, Idaho Code.

(3) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this title.

History:

[49-701, added 1988, ch. 265, sec. 192, p. 675.]
Idaho Code § 49-2406 — Idaho Code / Title 49 / Chapter 24 / Section 49-2406
49-2406 ACCEPTANCE OR PAYMENT OF THING OR SERVICE OF VALUE PROHIBITED.
Status: in_force

49-2406. Acceptance or payment of thing or service of value prohibited. It shall be unlawful for any person to accept or receive, either directly or indirectly, any payment, thing or service of value, as set forth in section 49-2405, Idaho Code, or contracts, either directly or indirectly, to receive a payment or thing or service of value to finance or attempt to finance the purchase or sale of any motor vehicles, or buy or attempt to buy any conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail in this state.

History:

[49-2406, added 1988, ch. 265, sec. 472, p. 822.]
Idaho Code § 49-625 — Idaho Code / Title 49 / Chapter 6 / Section 49-625
49-625 OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY OR POLICE VEHICLES.
Status: in_force

49-625. Operation of vehicles on approach of authorized emergency or police vehicles. (1) Upon the immediate approach of an authorized emergency or police vehicle making use of an audible or visible signal, meeting the requirements of section 49-623, Idaho Code, the driver of every other vehicle shall yield the right-of-way and immediately drive to a position parallel to, and as close as possible to, the nearest edge or curb on the right side of the highway and clear of any intersection, and stop and remain in that position until the authorized emergency or police vehicle has passed, except when otherwise directed by a peace officer.

(2) This section shall not operate to relieve the driver of an authorized emergency or police vehicle from the duty to drive with due regard for the safety of all persons using the highway.

History:

[49-625, added 1988, ch. 265, sec. 156, p. 660; am. 2018, ch. 74, sec. 1, p. 169.]
Idaho Code § 49-421 — Idaho Code / Title 49 / Chapter 4 / Section 49-421
49-421 REGISTRATION CARDS.
Status: in_force

49-421. Registration cards. (1) Upon the registration of a vehicle, the registering agency shall issue to the owner, as defined in section 49-116(4), Idaho Code, a registration card that shall contain the date issued, the registration number assigned the owner and to the vehicle, the name and address of the owner, a description of the registered vehicle, identification number, and any other information the department may require.

(2) The owner, upon receiving a registration card, shall validate proof of compliance with the insurance requirements of section 49-1229, Idaho Code.

(3) Upon a change of address, the registrant shall report such change to the county assessor or the department within thirty (30) days following the change of address.

(4) 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 (3) of this section.

History:

[(49-421) 49-419, added 1988, ch. 265, sec. 85, p. 618; am. 1992, ch. 35, sec. 14, p. 119; am. and redesig. 1998, ch. 129, sec. 1, p. 481; am. 2000, ch. 304, sec. 2, p. 1036; am. 2020, ch. 125, sec. 1, p. 385; am. 2021, ch. 171, sec. 4, p. 478.]
Idaho Code § 49-422 — Idaho Code / Title 49 / Chapter 4 / Section 49-422
49-422 REGISTRATION FEES — MANUFACTURED HOMES AND TOWED RECREATIONAL VEHICLES.
Status: in_force

49-422. Registration fees — Manufactured homes and towed recreational vehicles. (1) The fees for registering manufactured homes or towed recreational vehicles shall be four dollars ($4.00). In addition to the registration fee, and as a prerequisite to registering there shall be an assessment levied on each manufactured home for ad valorem tax as provided in chapter 3, title 63, Idaho Code. An applicant for a manufactured home registration shall be required to exhibit the general property tax receipt for the year of registration before a license may be issued. An applicant for a towed recreational vehicle registration shall be required to obtain the recreational vehicle annual license as required in section 49-445, Idaho Code, in conjunction with the registration required in this section. It shall be unlawful for any manufactured home or towed recreational vehicle to be moved on any highway without first being registered. The registration fees collected as specified in this section shall be paid to the assessor of the county where the registration was purchased. Fifty percent (50%) of the registration fees shall be placed in the county current expense fund and the balance of the fees shall be deposited in the highway distribution account.

(2) The provisions of this section shall not apply to new manufactured homes being transported either prior to first sale at retail or to the initial setup location of the original purchaser.

History:

[49-422, added 1988, ch. 265, sec. 86, p. 618; am. 1992, ch. 35, sec. 15, p. 119; am. 1996, ch. 322, sec. 46, p. 1077; am. 1999, ch. 170, sec. 1, p. 459.]
Idaho Code § 49-529 — Idaho Code / Title 49 / Chapter 5 / Section 49-529
49-529 MANDATORY REJECTION OR INVALIDATION OF TRANSITIONAL OWNERSHIP DOCUMENT BY DEPARTMENT.
Status: in_force

49-529. Mandatory rejection or invalidation of transitional ownership document by department. The transportation department shall reject, return or subsequently invalidate a transitional ownership document if:

(1) More than thirty (30) days have elapsed between the date of sale, or if no sale is involved, more than thirty (30) days have elapsed between the date the contract or security interest being perfected was signed and the date the transitional ownership document is received by the department;

(2) The transitional ownership document does not contain all of the information contained in section 49-121(7), Idaho Code;

(3) It is determined that persons named on the transitional ownership document as having a security interest did not have a security interest on the date the transitional ownership document was received;

(4) It is determined the person who submitted the transitional ownership document made false statements in completing the transitional ownership document;

(5) The department does not receive the primary ownership document from the date of sale within ninety (90) days of the date of sale or if no sale is involved, within ninety (90) days from the date the security agreement or contract was signed;

(6) The security interest holder or person submitting the transitional ownership document elects to retain, requests it be returned or requests that the transitional ownership document be withdrawn; or

(7) The information on or in the transitional ownership document has been changed or altered in a manner that is not acceptable to the department.

History:

[49-529, added 2000, ch. 320, sec. 1, p. 1079; am. 2007, ch. 66, sec. 5, p. 171.]
Idaho Code § 49-320 — Idaho Code / Title 49 / Chapter 3 / Section 49-320
49-320 NOTICE OF CHANGE OF ADDRESS.
Status: in_force

49-320. Notice of change of address. It is the responsibility of every licensed driver and every person applying for a driver's license to keep a current address on file with the department.

(1) Whenever any person after applying for or receiving a driver's license shall move from the address shown in the application or in the driver's license issued, that person shall, within thirty (30) days, notify the department in writing of the old and new addresses.

(2) Whenever any statute or rule requires a driver to receive notice of any official action with regard to the person's driver's license or driving privileges taken or proposed by a court or the department, notification by first class mail at the address shown on the application for a driver's license or at the address shown on the driver's license or at the address given by the driver, shall constitute all the legal notice that is required.

(3) 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 (1) of this section.

History:

[49-320, added 1988, ch. 265, sec. 54, p. 599; am. 1989, ch. 88, sec. 32, p. 181; am. 1996, ch. 371, sec. 12, p. 1263; am. 1998, ch. 110, sec. 23, p. 406; am. 2000, ch. 304, sec. 1, p. 1036; am. 2003, ch. 157, sec. 2, p. 445.]
Idaho Code § 49-444 — Idaho Code / Title 49 / Chapter 4 / Section 49-444
49-444 RECREATION VEHICLE REGISTRATION.
Status: in_force

49-444. Recreation vehicle registration. An applicant for a recreational vehicle registration shall be required to obtain a recreational vehicle annual license as provided in sections 49-445 through 49-448, Idaho Code, in conjunction with the registration. Truck campers need not be registered before the county assessor can issue a recreational vehicle annual license.

History:

[49-444, added 1988, ch. 265, sec. 104, p. 638; am. 1998, ch. 392, sec. 16, p. 1223.]
Idaho Code § 49-420M — Idaho Code / Title 49 / Chapter 4 / Section 49-420M
49-420M IDAHO 4-H PLATES.
Status: in_force

49-420M. Idaho 4-H plates. (1) 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 special Idaho 4-H license plates in lieu of regular 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. Availability of Idaho 4-H 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. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) 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-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be transferred by the state treasurer to the University of Idaho foundation, friends of 4-H division, and shall be used by the division for 4-H youth development programs across Idaho for the purpose of funding educational 4-H events, securing supplemental resource materials, providing scholarship and leadership training opportunities and integrating additional STEM-based programming into curriculum offerings to better prepare Idaho youth for future careers.

(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 display the plates on another vehicle only upon receipt of the new registration from the department.

(4) The license plate design shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be acceptable to the University of Idaho foundation, friends of 4-H division, and shall be approved by the department and shall use a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the University of Idaho foundation, friends of 4-H division.

(5) Sample Idaho 4-H license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to the University of Idaho foundation, friends of 4-H division.

History:

[49-420M, added 2014, ch. 82, sec. 2, p. 227.]
Idaho Code § 49-1628 — Idaho Code / Title 49 / Chapter 16 / Section 49-1628
49-1628 USE OF VEHICLE DEALER LOANER PLATE.
Status: in_force

49-1628. Use of vehicle dealer loaner plate. (1) A dealer shall maintain a log showing the vehicle identification number, date, reason for use, and the name of the person authorized to use the plate.

(2) The user of a loaner plate shall carry identification showing dealer name, number on plate, signature of dealer and year for which the plate is valid.

(3) Loaner plates may be used on vehicles held in stock for sale which are loaned to a customer of a dealership while the customer vehicle is being repaired, and, on vehicles held in stock for sale and operated by the dealer or his family for personal use or for furtherance of dealership business.

(4) Loaner plates may not be used on:

(a) Work or service vehicles not held in stock for sale;

(b) Leased or rented vehicles owned by the licensed dealer;

(c) A laden vehicle designed for transportation of cargo, unless the dealer has complied with the provisions of section 49-434, Idaho Code;

(d) Vehicles which have been sold;

(e) Vehicles used by licensee for furtherance of another business;

(f) Vehicles used for personal use by licensed salesman or other nonlicensed employees of the dealership;

(g) Vehicles of which the dealer does not have legal ownership;

(h) Vehicles being operated by an actual purchaser.

History:

[49-1628, added 1988, ch. 265, sec. 401, p. 786.]
Idaho Code § 49-432 — Idaho Code / Title 49 / Chapter 4 / Section 49-432
49-432 TEMPORARY REGISTRATION FOR RESIDENTS AND NONRESIDENTS — FEES.
Status: in_force

49-432. Temporary registration for residents and nonresidents — Fees.

(1)(a) When a vehicle or combination of vehicles subject to registration is to be moved on the public highways in the state of Idaho, the department may issue a permit in lieu of registration for any vehicle or combination of vehicles upon the payment of a fee as set forth in the following schedule:

(i) One-hundred-twenty (120) hour permit

Single vehicle

Combination of vehicles, where such combination of vehicles includes more than one (1) unregistered vehicle

(ii) Fuel permit

(iii) Thirty (30) day unladen weight permit

(b) If an annual registration is purchased within thirty (30) calendar days of issuance of a permit under paragraph (a)(i) or (iii) of this subsection, the amount of the permit fee shall be applied to the registration fee. No portion of a permit fee is subject to refund.

(2)(a) Permits to operate a vehicle or combination of vehicles in excess of the registered maximum gross vehicle weight up to a maximum of one hundred twenty-nine thousand (129,000) pounds gross vehicle weight shall be:

(i) One hundred twenty (120) hour permit to increase gross weight

(ii) Thirty (30) day permit to increase gross vehicle weight:

Maximum Registered Temporary Permitted Gross Weight of Vehicle Maximum Gross Weight (Pounds) (Pounds)

80,000 86,000 96,000 106,000 116,000 129,000 50,001-60,000 $225 $250 $275 $300 $325 $350

(b) The permit issued pursuant to this subsection 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. At the time of purchasing a permit, the applicant may purchase additional permits in any combination that does not exceed a maximum of ninety (90) days.

(3) Permits issued pursuant to subsection (1) or (2) of this section shall be limited to three (3) per vehicle in a calendar year, except for those permits provided for in subsection (1)(a)(ii) and (iii) of this section. The provisions of this subsection with respect to limiting the number of permits issued shall not apply to transporters and wreckers as defined in sections 49-121 and 49-124, Idaho Code, or to laden dealer and manufacturer plates as provided for in sections 49-411(4) and 49-1627(5), Idaho Code.

(4) A temporary permit shall be readily available in a form required by the rules of the board at all times while the vehicle is being operated.

(5) Any permit issued pursuant to subsection (1) or (2) of this section shall be purchased prior to movement of the vehicle on a highway, and such permit shall be in addition to and available only to a vehicle that is currently and validly registered in Idaho pursuant to subsection (1) of this section, 49-434(1), 49-434(8)(c) or 49-435, Idaho Code.

(6) The department may select vendors to serve as agents on state highways for the purpose of selling permits where fixed ports of entry do not adequately serve a respective highway entering the state. The vendor shall be remunerated at the rate of three dollars ($3.00) per permit sold, and he shall collect the fees specified in this section and pay the fees to the department. The vendor shall guarantee payment by giving a bond to the state in a sum as shall be fixed by the board, the premium on the bond to be paid by the department.

History:

[49-432, added 1988, ch. 265, sec. 94, p. 623; am. 1998, ch. 265, sec. 1, p. 876; am. 2001, ch. 176, sec. 1, p. 599; am. 2001, ch. 355, sec. 2, p. 1244; am. 2003, ch. 315, sec. 1, p. 860; am. 2006, ch. 58, sec. 1, p. 182; am. 2008, ch. 336, sec. 1, p. 924; am. 2009, ch. 336, sec. 1, p. 973; am. 2010, ch. 330, sec. 1, p. 876; am. 2011, ch. 72, sec. 2, p. 153; am. 2023, ch. 3, sec. 1, p. 5; am. 2025, ch. 22, sec. 1, p. 65.]
Idaho Code § 49-650 — Idaho Code / Title 49 / Chapter 6 / Section 49-650
49-650 MOVING HEAVY EQUIPMENT AT RAILROAD GRADE CROSSINGS.
Status: in_force

49-650. Moving heavy equipment at railroad grade crossings. (1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten (10) or less miles per hour or a vertical body or load clearance of less than one-half (1/2) inch per foot of the distance between any two (2) adjacent axles or, in any event, of less than nine (9) inches, measured above the level surface of a highway, upon or across any tracks at a railroad grade crossing without first complying with this section.

(2) Notice of intended crossing shall be given to a station agent of the railroad and a reasonable time be given to the railroad to provide proper protection at the crossing.

(3) Before making the crossing, the person operating or moving the vehicle or equipment shall first stop not less than fifteen (15) feet nor more than fifty (50) feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train or other on-track equipment or for signals indicating the approach of a train or other on-track equipment and shall not proceed until the crossing can be made safely.

(4) No crossing shall be made when warning is given by automatic signal, crossing gates, a flagman, or otherwise of the immediate approach of a railroad train, car, or other on-track equipment. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.

History:

[49-650, added 1988, ch. 265, sec. 177, p. 667; am. 2021, ch. 168, sec. 4, p. 472.]
Idaho Code § 49-316 — Idaho Code / Title 49 / Chapter 3 / Section 49-316
49-316 DRIVER'S LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND.
Status: in_force

49-316. Driver's license to be carried and exhibited on demand. Every licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle and shall, upon demand, surrender the driver's license into the hands of a peace officer for his inspection. However, no person charged with a violation of the provisions of this section shall be convicted if a driver's license issued to the person and valid at the time of his arrest is produced in court.

History:

[49-316, added 1988, ch. 265, sec. 50, p. 597; am. 1989, ch. 88, sec. 28, p. 179.]
Idaho Code § 49-1416 — Idaho Code / Title 49 / Chapter 14 / Section 49-1416
49-1416 RECORD OF TRAFFIC CASES — REPORT OF CONVICTIONS TO DEPARTMENT.
Status: in_force

49-1416. Record of traffic cases — Report of convictions to department. (1) Every magistrate or judge of a court shall keep or cause to be kept a record of every traffic complaint, traffic citation, or other legal form of traffic charge deposited with or presented to the court, and shall keep a record of every official action by the court in reference thereto, including a record of every conviction, forfeiture resulting from every traffic complaint or citation deposited with or presented to the court.

(2) Within ten (10) days after a conviction or forfeiture of bail of a person upon a charge of violating any provision of this title or other law regulating the operation of vehicles on highways, the magistrate of the court or clerk of the court of record in which the conviction was had or bail was forfeited shall prepare and immediately forward to the department, either by paper or electronically, an abstract of the record of the court covering the case in which the person was convicted or forfeited bail. The abstract shall be certified by the person required to prepare the abstract to be true and correct. A report need not be made of any conviction involving the illegal parking or standing of a vehicle.

(3) The abstract, whether paper or electronic, shall be made upon a form as prescribed by the supreme court and shall include the name and address of the party charged, the number if any of his driver's license, the registration number of the motor vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail was forfeited, and the amount of the fine or forfeiture as applicable.

(4) Every court of record shall also forward a like report to the department upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.

(5) Courts shall not mask, defer imposition of judgment, or allow the holder of a commercial driver's license or a person cited while operating a commercial motor vehicle, to enter into a diversion program that would prevent a conviction in any jurisdiction of a violation of a state or local traffic control law, excluding a parking violation, from appearing on the driver's record.

(6) The failure, refusal, or neglect of any judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be grounds for removal.

(7) The department shall keep all abstracts received in either electronic format or on microfilm, and abstracts shall be open to public inspection during reasonable business hours with the exception of personal information which may be exempt from disclosure as otherwise provided by law.

History:

[49-1416, added 1988, ch. 265, sec. 352, p. 749; am. 1992, ch. 115, sec. 34, p. 376; am. 1998, ch. 110, sec. 30, p. 412; am. 2006, ch. 164, sec. 10, p. 498; am. 2010, ch. 49, sec. 4, p. 93.]
Idaho Code § 49-443B — Idaho Code / Title 49 / Chapter 4 / Section 49-443B
49-443B LICENSE PLATES FOR STATE VEHICLES AND VEHICLES BELONGING TO TAXING DISTRICTS.
Status: in_force

49-443B. License plates for state vehicles and vehicles belonging to taxing districts. (1) License plates for state vehicles and vehicles belonging to taxing districts shall be valid for such time as they are in compliance with section 49-443(2), Idaho Code, and shall remain on the vehicle to which it is issued until transferred to another vehicle or until it is canceled by the department. The department shall be reimbursed by state agencies and the taxing districts for the cost of providing license plates. The department may develop rules to administer this license plate program.

(2) Each license plate issued pursuant to this section shall bear a designator to identify the agency, entity or office to which a vehicle belongs. The designators shall be as follows:

Designator Agency, entity, office, or plate type C School district or miscellaneous city or county agencies, entities or offices D Highway district F Fire district G Fish and game H Department of health and welfare ISP Idaho state police J Department of commerce or department of labor L Law enforcement P City police R Department of parks and recreation SO Sheriff's office T Department of transportation X Miscellaneous state agencies, entities or offices Y Irrigation district Z Department of lands

(3) Personalized or specialty license plates are exempt from the provisions of subsection (2) of this section.

History:

[49-443B, added 1992, ch. 35, sec. 27, p. 130; am. 2014, ch. 38, sec. 9, p. 78; am. 2018, ch. 93, sec. 3, p. 200; am. 2020, ch. 86, sec. 2, p. 232; am. 2025, ch. 22, sec. 2, p. 66; am. 2026, ch. 29, sec. 2, p. 127.]
Idaho Code § 49-1003 — Idaho Code / Title 49 / Chapter 10 / Section 49-1003
49-1003 SPEED LIMITS FOR VEHICLES REGULATED ACCORDING TO WEIGHT AND TIRE EQUIPMENT.
Status: in_force

49-1003. Speed limits for vehicles regulated according to weight and tire equipment. It shall be unlawful to operate any vehicle equipped with other than pneumatic tires on a highway at a rate of speed in excess of twenty (20) miles per hour for vehicles having a gross weight of not more than ten thousand (10,000) pounds, and twelve (12) miles per hour for vehicles having a gross weight of more than ten thousand (10,000) pounds.

History:

[49-1003, added 1988, ch. 265, sec. 274, p. 719.]