Idaho Code § 49-335 — Idaho Code / Title 49 / Chapter 3 / Section 49-335
49-335 DISQUALIFICATIONS AND PENALTIES — COMMERCIAL DRIVER'S LICENSE.
Status: in_force

49-335. Disqualifications and penalties — Commercial driver's license. (1) Any person who operates a commercial motor vehicle or who holds a class A, B or C driver's license is disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if convicted in the form of a judgment or withheld judgment of a first violation under any state or federal law of:

(a) Operating a motor vehicle while under the influence of alcohol or a controlled substance;

(b) Operating a commercial motor vehicle while the alcohol concentration of the person's blood, breath or bodily substance is 0.04 or more;

(c) Leaving the scene of an accident involving a motor vehicle driven by the person;

(d) Using a motor vehicle in the commission of any felony;

(e) Operating a commercial motor vehicle when the person's class A, B or C commercial driver's license driving privileges were revoked, suspended or canceled or during a time when such person was disqualified from operating a commercial motor vehicle, if the reason for such revocation, suspension, cancellation or disqualification was the result of a violation that occurred while the person was operating a commercial motor vehicle;

(f) Causing a fatality through negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.

(2) Any person who operates a commercial motor vehicle or who holds a class A, B or C driver's license is disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if the person refuses to submit to or submits to and fails a test to determine the driver's alcohol, drug or other intoxicating substances concentration while operating a motor vehicle.

(3) If any of the offenses specified in subsection (1) or (2) of this section occurred while transporting a hazardous material required to be placarded, the person is disqualified for a period of not less than three (3) years.

(4) A person is disqualified for the period of time specified in 49 CFR 383 if found to have committed two (2) or more of any of the offenses specified in subsection (1) or (2) of this section, or any combination of those offenses, arising from two (2) or more separate incidents.

(5) A person is disqualified for the period of time specified in 49 CFR 383 from operating a commercial motor vehicle who uses a motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance or possession of a controlled substance with the intent to manufacture, distribute or dispense such controlled substance.

(6) A person who uses a commercial motor vehicle in the commission of a felony involving an act or practice of trafficking in persons, as described in 22 U.S.C. 7102 and chapter 86, title 18, Idaho Code, is disqualified for the period of time specified in 49 CFR 383 from operating a commercial motor vehicle.

(7) A person is disqualified from operating a commercial motor vehicle for a period of not less than sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) or more serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three (3) year period. A conviction for reckless driving shall be considered a serious traffic violation if committed while operating a commercial motor vehicle or a noncommercial motor vehicle, as specified in 49 CFR 383.

(8) A person who drives, operates, or is in physical control of a commercial motor vehicle within this state while having any detectable amount of alcohol in his system or who refuses to submit to an alcohol test must be placed out of service for twenty-four (24) hours and be subject to the provisions of section 18-8002, Idaho Code.

(9) It is unlawful to violate an out-of-service order. A person who is convicted in the form of a judgment or withheld judgment of a violation of an out-of-service order while driving a commercial motor vehicle is disqualified for not less than:

(a) One hundred eighty (180) days or more than one (1) year for a first conviction;

(b) Two (2) years or more than five (5) years for a second conviction arising from separate incidents during any ten (10) year period;

(c) Three (3) years or more than five (5) years for three (3) or more convictions arising from separate incidents during any ten (10) year period.

(10) A person who is convicted in the form of a judgment or withheld judgment of a violation of an out-of-service order while driving a commercial motor vehicle and transporting hazardous materials required to be placarded under the hazardous materials transportation act or while operating motor vehicles designed to transport sixteen (16) or more people including the driver is disqualified for not less than:

(a) One hundred eighty (180) days or more than two (2) years for a first conviction;

(b) Three (3) years or more than five (5) years for subsequent convictions arising from separate incidents in any ten (10) year period.

(11) A person is disqualified from operating a commercial motor vehicle if convicted of a railroad grade crossing violation as specified in 49 CFR 383 or applicable state laws while operating a commercial motor vehicle. The disqualification shall be for a period of:

(a) Sixty (60) days for a first conviction;

(b) One hundred twenty (120) days for a second conviction during any three (3) year period;

(c) One (1) year for a third or subsequent conviction during any three (3) year period.

(12) A person is disqualified from operating a commercial motor vehicle if the federal motor carrier safety administration has determined the person's driving constitutes an imminent hazard, as defined in 49 CFR 383.5.

(a) An imminent hazard disqualification may not exceed one (1) year in duration. The driver, or a representative on his or her behalf, may file an appeal of the disqualification with the assistant administrator, adjudications counsel, federal motor carrier safety administration.

(b) Any imminent hazard disqualification transmitted by the federal motor carrier safety administration shall become a part of the driver's record.

(c) The imminent hazard disqualification shall run concurrent to any other existing disqualification.

(13) In addition to the disqualification periods in subsections (9) and (10) of this section, a driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand five hundred dollars ($2,500) for the first conviction and not less than five thousand dollars ($5,000) for any subsequent conviction.

(14) A person who is disqualified from holding a commercial driver's license pursuant to 49 CFR 383.51 and subsection (4) of this section may make application to the department for reinstatement after a minimum ten (10) year period of disqualification.

(a) To be eligible for reinstatement following a lifetime disqualification under 49 CFR 383.51 and pursuant to subsection (4) of this section, a person shall:

(i) Have a valid class D driver's license from Idaho or any other jurisdiction for a minimum of three (3) consecutive years prior to the date of application, provided that during such three (3) year period the applicant has not been incarcerated;

(ii) Meet all statutory requirements for issuance of a commercial driver's license or commercial learner's permit as a new commercial driver applicant;

(iii) Voluntarily and successfully complete the national safety council four (4) hour defensive driving course and the professional truck driver four (4) hour course and provide proof of completion of both courses to the department;

(iv) Submit a valid medical examiner's certificate, if applicable;

(v) Submit a criminal background check showing that the applicant has not been convicted of any alcohol or drug-related offenses for the ten (10) years prior to the date of application; and

(vi) If the lifetime disqualification was based on an alcohol or controlled substance conviction, submit proof of the applicant's successful completion of an appropriate rehabilitation program.

(b) A person who has been reinstated and issued a commercial driver's license under this subsection who subsequently is convicted of a disqualifying major offense under 49 CFR 383.51 shall not be eligible for future reinstatement of a commercial driver's license.

(c) The driving records for a person applying for reinstatement under this subsection shall be reviewed by the department. Such driving records shall include records regarding Idaho as well as any other jurisdiction. To be eligible for reinstatement as set forth in this subsection, such records for the ten (10) years preceding the date of application for reinstatement must be free of any convictions occurring in a commercial vehicle, any convictions or withdrawals related to alcohol or drugs, and any felony convictions involving a motor vehicle. Within the three (3) years preceding the date of application for reinstatement, the person's driving record must be free of any convictions requiring a mandatory withdrawal of driving privileges, whether in this state or any other jurisdiction.

(d) If a person has moved from another jurisdiction that issued the lifetime disqualification, that jurisdiction must be willing to reinstate the disqualification or the person will remain ineligible for a commercial driver's license in Idaho.

History:

[49-335, added 1989, ch. 88, sec. 45, p. 187; am. 1990, ch. 45, sec. 30, p. 102; am. 1993, ch. 300, sec. 7, p. 1115; am. 1996, ch. 371, sec. 14, p. 1266; am. 1998, ch. 110, sec. 27, p. 410; am. 1999, ch. 81, sec. 15, p. 258; am. 2002, ch. 181, sec. 1, p. 528; am. 2005, ch. 352, sec. 9, p. 1109; am. 2006, ch. 164, sec. 8, p. 495; am. 2007, ch. 100, sec. 1, p. 303; am. 2009, ch. 155, sec. 1, p. 453; am. 2010, ch. 49, sec. 3, p. 91; am. 2022, ch. 35, sec. 1, p. 95; am. 2023, ch. 4, sec. 1, p. 7; am. 2024, ch. 147, sec. 52, p. 589.]
Idaho Code § 49-1217 — Idaho Code / Title 49 / Chapter 12 / Section 49-1217
49-1217 OWNER MAY GIVE PROOF FOR OTHERS.
Status: in_force

49-1217. Owner may give proof for others. Whenever any person required to give proof of financial responsibility is or later becomes an operator in the employ of any owner, or is or later becomes a member of the immediate family or household of the owner, the department shall accept proof given by the owner in lieu of proof by the other person to permit that other person to operate a motor vehicle.

History:

[49-1217, added 1988, ch. 265, sec. 307, p. 733; am. 1989, ch. 88, sec. 46, p. 189; am. 1992, ch. 115, sec. 28, p. 374.]
Idaho Code § 49-3711 — Idaho Code / Title 49 / Chapter 37 / Section 49-3711
49-3711 NO STREET HAILS.
Status: in_force

49-3711. no street hails. A TNC driver shall exclusively accept rides booked through a TNC's digital network or software application service and shall not solicit or accept street hails.

History:

[49-3711, added 2015, ch. 267, sec. 1, p. 1077.]
Idaho Code § 49-1506 — Idaho Code / Title 49 / Chapter 15 / Section 49-1506
49-1506 PROVISIONS UNIFORM THROUGHOUT STATE.
Status: in_force

49-1506. Provisions uniform throughout state. The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions.

History:

[49-1506, added 1988, ch. 265, sec. 373, p. 758.]
Idaho Code § 49-244 — Idaho Code / Title 49 / Chapter 2 / Section 49-244
49-244 IDAHO RESIDENCY AND DOMICILE REQUIREMENTS — INDIAN RESERVATIONS.
Status: in_force

49-244. idaho residency and domicile requirements — indian reservations. Notwithstanding the residency and domicile requirements provided for in chapters 1, 4 and 5 of title 49, Idaho Code, enrolled tribal members, residing and domiciled within the boundaries of a federally recognized Indian reservation, which boundaries are located in whole or in part within this state, shall be considered Idaho residents for purposes of vehicle registration and vehicle titling in Idaho.

History:

[49-244, added 2013, ch. 258, sec. 2, p. 635; am. 2014, ch. 97, sec. 29, p. 289.]
Idaho Code § 49-720 — Idaho Code / Title 49 / Chapter 7 / Section 49-720
49-720 STOPPING — TURN AND STOP SIGNALS.
Status: in_force

49-720. Stopping — Turn and stop signals. (1) A person operating a bicycle, human-powered vehicle, or an electric-assisted bicycle approaching a stop sign shall slow down and, if required for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping, the person shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection or junction of highways, except that a person, after slowing to a reasonable speed and yielding the right-of-way, if required, may cautiously make a turn or proceed through the intersection without stopping.

(2) A person operating a bicycle or human-powered vehicle approaching a steady red traffic control light shall stop before entering the intersection and shall yield to all other traffic. Once the person has yielded, he may proceed through the steady red light with caution. Provided however, that a person, after slowing to a reasonable speed and yielding the right-of-way, if required, may cautiously make a right-hand turn. A left-hand turn onto a one-way highway may be made on a red light after stopping and yielding to other traffic.

(3) A person riding a bicycle shall comply with the provisions of section 49-644, Idaho Code.

(4) A signal of intention to turn right or left shall be given during not less than the last one hundred (100) feet traveled by the bicycle before turning, provided that a signal by hand and arm need not be given if the hand is needed in the control or operation of the bicycle.

History:

[49-720, added 1988, ch. 265, sec. 209, p. 679; am. 2005, ch. 205, sec. 1, p. 615; am. 2019, ch. 84, sec. 6, p. 209.]
Idaho Code § 49-1422 — Idaho Code / Title 49 / Chapter 14 / Section 49-1422
49-1422 OVERTAKING AND PASSING SCHOOL BUS.
Status: in_force

49-1422. Overtaking and passing school bus. (1) The driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching the school bus when there is in operation on a school bus the visual signals specified in section 49-915, Idaho Code, and the driver of a vehicle shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. Oncoming traffic on a highway of more than three (3) lanes is not required to stop upon meeting a school bus when visual signals are actuated. Any person found guilty of violating the provisions of this subsection for the first time shall be guilty of an infraction punishable by a fine of three hundred dollars ($300). A person convicted of a second offense or any subsequent offense under this subsection within five (5) years shall be guilty of a misdemeanor punishable by a fine of no less than six hundred dollars ($600) or more than one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment. The department shall notify any person convicted of a violation of this section of the penalties that may be imposed for a second conviction and any subsequent conviction. Notwithstanding the provisions of section 19-4705, Idaho Code, the fines imposed under this subsection in excess of one hundred dollars ($100) shall be paid into the school bus camera fund, which is hereby created in the state treasury. Moneys in the fund may be appropriated only for the purpose of school bus stop arm software, equipment, and training to enforce the provisions of this section. Administration of the school bus camera fund shall be overseen by the state department of education.

(2) Every school bus shall be equipped with visual signals meeting the requirements of section 49-915, Idaho Code, which shall be actuated by the driver of the school bus whenever, but only whenever, the vehicle is stopped on the highway for the purpose of receiving or discharging school children. A school bus driver shall not actuate the special visual signals:

(a) In business districts designated by the department or local authorities;

(b) At intersections or other places where traffic is controlled by traffic control signals or peace officers; or

(c) In designated school bus loading areas where the bus is entirely off the roadway.

(3) Every school bus shall bear upon the front and rear plainly visible signs containing the words "SCHOOL BUS" in letters not less than eight (8) inches in height. When a school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school, all markings thereon indicating "school bus" shall be covered or concealed.

(4) When any school bus is sold and is no longer to be used for the transportation of pupils, before it may again be used on the highways of this state, it shall be painted a color other than national school bus glossy yellow, federal standard 595a, color number 13432, and all school bus markings shall be obliterated.

History:

[49-1422, added 1988, ch. 265, sec. 358, p. 751; am. 2014, ch. 69, sec. 1, p. 176; am. 2019, ch. 236, sec. 1, p. 722; am. 2024, ch. 190, sec. 1, p. 686.]
Idaho Code § 49-420Q — Idaho Code / Title 49 / Chapter 4 / Section 49-420Q
49-420Q PET FRIENDLY LICENSE PLATES.
Status: in_force

49-420Q. pet friendly license plates. (1) 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 pet friendly 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 pet friendly 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 deposited in the Idaho humane society's pet lovers fund and used in accordance with the provisions of subsection (5) of this section.

(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 pet friendly 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 the Idaho humane society 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 the Idaho humane society.

(5) Sample pet friendly 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 deposited in the Idaho humane society's pet lovers fund. A committee of five (5) members shall be appointed by the board of directors of the Idaho humane society to designate recipients of disbursements from the fund. The committee members shall serve two (2) year terms and shall include one (1) licensed Idaho veterinarian, one (1) certified veterinarian technician, and three (3) representatives of the rescue, sheltering, and animal welfare community unaffiliated with the Idaho humane society. Subsequent appointments to the committee shall be made by the committee. The committee shall meet once per year to designate recipients of moneys from the Idaho humane society's pet lovers fund, which recipients may include Idaho licensed veterinarians, Idaho animal shelters, or Idaho nonprofit organizations. At the direction of the committee, moneys in the fund shall be disbursed to recipients designated by the committee and used to provide assistance with veterinary services, prioritizing canine and feline spay and neuter services, to low-income residents of Idaho. The Idaho humane society, the committee members, and any organization represented by a serving committee member shall be ineligible to receive disbursements from the fund.

History:

[49-420Q, added 2019, ch. 89, sec. 2, p. 219.]
Idaho Code § 49-635 — Idaho Code / Title 49 / Chapter 6 / Section 49-635
49-635 FURTHER LIMITATIONS ON DRIVING ON LEFT OF CENTER OF HIGHWAY.
Status: in_force

49-635. Further limitations on driving on left of center of highway. (1) No vehicle shall be driven on the left side of the highway under the following conditions:

(a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within a distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(b) When approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing, unless otherwise indicated by traffic control devices;

(c) When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct or tunnel.

(2) The foregoing limitations shall not apply upon a one-way highway, nor under the conditions described in subsection (1)(b) of section 49-630, Idaho Code, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.

(3) A motorist may drive to the left of no passing pavement markings to complete a passing maneuver started in advance of the no-passing zone, providing the requirements of section 49-634, Idaho Code, are met.

(4) The provisions of this section do not apply under the conditions described in section 49-630(1)(b), Idaho Code, nor to the driver of a vehicle turning into, or from a highway.

History:

[49-365, added 1988, ch. 265, sec. 164, p. 662.]
Idaho Code § 49-703 — Idaho Code / Title 49 / Chapter 7 / Section 49-703
49-703 PEDESTRIANS TO USE RIGHT HALF OF CROSSWALKS.
Status: in_force

49-703. Pedestrians to use right half of crosswalks. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

History:

[49-703, added 1988, ch. 265, sec. 194, p. 676.]
Idaho Code § 49-418C — Idaho Code / Title 49 / Chapter 4 / Section 49-418C
49-418C FIREFIGHTERS LICENSE PLATES.
Status: in_force

49-418C. Firefighters license plates. (1) On and after January 1, 2001, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special firefighters license plates in lieu of regular license plates. Availability of firefighters license plates for other vehicles shall be subject to the rules, policies and procedures of the department.

(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the Idaho fire chiefs association in Boise, Idaho, and shall be used exclusively for the fire safety education of firefighters, fire chiefs and the general public.

(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 firefighters license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The distinguishing feature of the license plate shall be a representation of firefighters in action. The design and any slogan on the plate shall be acceptable to the Idaho fire chiefs association and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho fire chiefs association.

(5) Sample firefighters 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 fire chiefs association. No additional fee shall be charged for personalizing sample plates.

History:

[49-418C, added 2000, ch. 50, sec. 2, p. 96.]
Idaho Code § 49-809 — Idaho Code / Title 49 / Chapter 8 / Section 49-809
49-809 SIGNALS BY HAND AND ARM OR SIGNAL LAMPS.
Status: in_force

49-809. Signals by hand and arm or signal lamps. (1) Any stop or turn signal when required shall be given either by means of hand and arm, or by signal lamps, except as otherwise provided in subsection (2) of this section.

(2) Any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of the vehicle exceeds twenty-four (24) inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen (14) feet. The latter measurements shall apply not only to any single vehicle, but also to any combination of vehicles.

History:

[49-809, added 1988, ch. 265, sec. 223, p. 686.]
Idaho Code § 49-1004C — Idaho Code / Title 49 / Chapter 10 / Section 49-1004C
49-1004C SPECIAL PERMITS — INTERSTATE SYSTEM.
Status: in_force

49-1004C. special permits — interstate system. Exclusively for the purposes of section 49-1001(1)(c), Idaho Code, the interstate system, which shall be considered to consist of I-15, I-84, I-86, I-90 and I-184, in Idaho is deemed a noninterstate highway. Exclusively for the purposes of section 49-1004(4), Idaho Code, the interstate system, which shall be considered to consist of I-15, I-84, I-86, I-90 and I-184, in Idaho is deemed a designated state route.

History:

[(49-1004C) 49-1004B, added 2016, ch. 36, sec. 1, p. 87; am. and redesig. 2019, ch. 180, sec. 6, p. 584.]
Idaho Code § 49-1608E — Idaho Code / Title 49 / Chapter 16 / Section 49-1608E
49-1608E SUBMISSION OF CLAIMS.
Status: in_force

49-1608E. submission of claims. (1) Except as otherwise provided in this section, whenever an Idaho resident or a person who was an Idaho resident at the time of purchase is awarded a final judgment certified in a court of competent jurisdiction in the state of Idaho for:

(a) Any actual loss or damage in connection with the purchase or lease of a motor vehicle by reason of any fraud practiced on him or fraudulent representation made to him by a licensed motor vehicle dealer; or

(b) Any actual loss or damage by reason of a violation by a dealer of any of the provisions of chapter 6, title 48, Idaho Code, chapter 5, title 49, Idaho Code, or section 49-1418, Idaho Code, in connection with the purchase or lease of a motor vehicle on or after July 1, 2014;

the judgment creditor may file a verified claim with the board requesting payment from the fund of the amount unpaid on the judgment.

(2) Verified claims filed pursuant to subsection (1) of this section shall be subject to the following conditions:

(a) Unless the judgment has been appealed, the claim shall be filed with the department, acting on behalf of the board, no sooner than forty-five (45) days and no later than one (1) year after the judgment becomes final.

(b) The board shall not consider claims submitted by motor vehicle dealers, financial institutions or institutions providing floorplans for motor vehicle dealers.

(3) For a person to be eligible to receive any payment from the fund, such person must be an Idaho resident or an Idaho resident at the time of the purchase of the motor vehicle. Any action instituted by a person against a licensee that may become a claim against the fund shall be served to the board in a manner consistent with the provisions of section 48-613, Idaho Code.

History:

[49-1608E, added 2013, ch. 136, sec. 5, p. 319; am. 2026, ch. 47, sec. 1, p. 227.]
Idaho Code § 49-1608A — Idaho Code / Title 49 / Chapter 16 / Section 49-1608A
49-1608A DEALER AND MANUFACTURER LIABILITY INSURANCE.
Status: in_force

49-1608A. Dealer and manufacturer liability insurance. Every dealer and vehicle manufacturer shall, as a condition of issuance or renewal of a dealer or vehicle manufacturer license by the department, continuously provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person arising out of the ownership, maintenance or use of vehicles owned by or under the control of the licensee and used in conduct of the business of the dealer or vehicle manufacturer. Such insurance shall be in an amount not less than twenty-five thousand dollars ($25,000) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of fifteen thousand dollars ($15,000) because of injury to or destruction of property of others in any one (1) accident. The applicant for a dealer or vehicle manufacturer license shall maintain on file with the department a certificate of liability insurance, issued by an insurance or surety company authorized to do business in this state or by an authorized agent of such company, in such form as may be prescribed by the director of the department of insurance as set forth in section 49-1231, Idaho Code.

History:

[49-1608A, added 2006, ch. 208, sec. 1, p. 637.]
Idaho Code § 49-1706 — Idaho Code / Title 49 / Chapter 17 / Section 49-1706
49-1706 RELEASE OF OWNER'S INTEREST IN VEHICLE.
Status: in_force

49-1706. Release of owner's interest in vehicle. (1) A registered or legal owner of a vehicle in the possession of a person holding a lien under the provisions of this chapter may release any interest in the vehicle after the lien has attached.

(2) The release shall contain the following information:

(a) A description of the vehicle, including the year and make, the engine or vehicle identification number, and the license number;

(b) The names and addresses of the registered and legal owners of record;

(c) A statement of the amount of the lien and the facts concerning the claim which give rise to the lien; and

(d) A statement that the person releasing the interest understands that he has a legal right to a hearing in court prior to the sale of the vehicle and that he waives the right to contest the claim.

(3) A copy of the release shall be filed with the department in connection with the transfer of interest in a vehicle under the provisions of this section.

History:

[49-1706, added 1988, ch. 265, sec. 413, p. 792.]
Idaho Code § 49-624 — Idaho Code / Title 49 / Chapter 6 / Section 49-624
49-624 DRIVER DUTY UPON APPROACHING A STATIONARY VEHICLE DISPLAYING FLASHING LIGHTS.
Status: in_force

49-624. Driver duty upon approaching a stationary vehicle displaying flashing lights. The driver of a motor vehicle, upon approaching a stationary police vehicle displaying flashing lights, an authorized emergency vehicle displaying flashing lights, a stationary tow truck displaying flashing lights, or a stationary highway incident response vehicle displaying flashing lights, shall:

(1) If the driver is traveling on a highway with two (2) or more lanes carrying traffic in the same direction, immediately reduce the speed of his vehicle below the posted speed limit, proceed with due caution and, if traveling in a lane adjacent to a stationary police vehicle displaying flashing lights, an authorized emergency vehicle displaying flashing lights, a stationary tow truck displaying flashing lights, or a highway incident response vehicle displaying flashing lights, change lanes into a lane that is not adjacent to such vehicle as soon as it is possible to do so in a manner that is reasonable and prudent under the conditions then existing, with regard to actual and potential hazards.

(2) If the driver is traveling on a highway with one (1) lane for each direction of travel, immediately reduce the speed of his vehicle below the posted speed limit and maintain a safe speed for the road, weather, and traffic conditions until completely past the stationary police vehicle, authorized emergency vehicle, stationary tow truck, or highway incident response vehicle.

History:

[49-624, added 2006, ch. 78, sec. 1, p. 237; am. 2007, ch. 113, sec. 1, p. 328; am. 2011, ch. 17, sec. 1, p. 54; am. 2019, ch. 234, sec. 1, p. 720.]
Idaho Code § 49-513 — Idaho Code / Title 49 / Chapter 5 / Section 49-513
49-513 SALE OF ENCUMBERED VEHICLE — CONSENT OF LIENHOLDER — EFFECT.
Status: in_force

49-513. Sale of encumbered vehicle — Consent of lienholder — Effect. Sale of any vehicle by the owner with the knowledge and consent of the holder of any lien or encumbrance properly noted upon the certificate of title or upon the electronic records of the department, shall not render the sale void or ineffective as against that lien or encumbrance.

History:

[49-513, added 1988, ch. 265, sec. 128, p. 649; am. 1993, ch. 298, sec. 4, p. 1099.]
Idaho Code § 49-2208 — Idaho Code / Title 49 / Chapter 22 / Section 49-2208
49-2208 SUBPOENA AUTHORITY.
Status: in_force

49-2208. Subpoena authority. The attorney general or any prosecuting attorney, for the purposes contemplated by this chapter, upon probable cause to believe that a violation of any of the provisions of this chapter has occurred, may, after notice to the persons to whom the subpoena is to be directed, apply to any judge of the district court for the county in which such violation is believed to have occurred for a subpoena to compel the attendance of witnesses, and to compel the production of pertinent books, payrolls, accounts, papers, records, documents and testimony. Such judge shall issue a subpoena upon a finding of probable cause and shall enforce refusals to testify or to produce subpoenaed items with contempt sanctions. Subpoenas shall be served and witness fees and mileage paid as allowed in civil cases in the district courts of this state.

History:

[49-2208, added 1988, ch. 265, sec. 460, p. 817.]
Idaho Code § 49-2207 — Idaho Code / Title 49 / Chapter 22 / Section 49-2207
49-2207 CIVIL ENFORCEMENT ACTION.
Status: in_force

49-2207. Civil enforcement action. The attorney general or any prosecuting attorney may commence and prosecute in district court a civil enforcement action against any person who is alleged to have violated this chapter or any permit, endorsement, standard, regulation, condition, or requirement which has become effective pursuant to this chapter. Such actions may be for appropriate relief or remedies specified in this chapter or any other applicable law. The director or department shall not be required to initiate or prosecute an administrative action before the attorney general or prosecuting attorney may commence and prosecute a civil enforcement action, but no such civil enforcement action shall be filed while an administrative action is still pending.

History:

[49-2207, added 1988, ch. 265, sec. 459, p. 817.]
Idaho Code § 49-1622 — Idaho Code / Title 49 / Chapter 16 / Section 49-1622
49-1622 PRODUCT LIABILITY RESPONSIBILITY.
Status: in_force

49-1622. Product liability responsibility. A manufacturer must file with the department a copy of the delivery and preparation obligations required to be performed by a dealer prior to the delivery of a new vehicle to a buyer. These delivery and preparation obligations constitute the dealer's only responsibility for product liability as between the dealer and the manufacturer. Any mechanical, body, or parts defects arising from an express or implied warranty of the manufacturer constitute the manufacturer's product or warranty liability only, as between the manufacturer and the dealer. The provisions of this section shall not affect the obligation of dealers to perform warranty repair and maintenance as may be required by law or contract.

History:

[49-1622, added 1988, ch. 265, sec. 395, p. 783.]
Idaho Code § 49-317 — Idaho Code / Title 49 / Chapter 3 / Section 49-317
49-317 RESTRICTED DRIVER'S LICENSES.
Status: in_force

49-317. Restricted driver's licenses. (1) The department, upon issuing a driver's license, shall have authority whenever good cause appears to impose restrictions suitable to the licensee's driving ability with respect to:

(a) The type of or special mechanical control devices required or not permitted on a motor vehicle which the licensee may operate;

(b) Medical variances as determined by the federal motor carrier safety administration; or

(c) Other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.

(2) The department may either issue a special restricted driver's license or may set forth restrictions upon the usual driver's license form.

(3) The department shall, upon receiving satisfactory evidence of any violation of the restrictions of a driver's license, suspend the driver's license or privileges for a period of thirty (30) days but the licensee shall be entitled to a hearing as provided in section 49-326, Idaho Code.

History:

[49-317, added 1988, ch. 265, sec. 51, p. 597, am. 1989, ch. 88, sec. 29, p. 179; am. 1992, ch. 115, sec. 13, p. 365; am. 2011, ch. 60, sec. 4, p. 133.]
Idaho Code § 49-402 — Idaho Code / Title 49 / Chapter 4 / Section 49-402
49-402 ANNUAL REGISTRATION.
Status: in_force

49-402. Annual registration. (1) The annual fee for operating each pickup truck, each neighborhood electric vehicle and each other motor vehicle having a maximum gross weight not in excess of eight thousand (8,000) pounds and that complies with the federal motor vehicle safety standards as defined in section 49-107, Idaho Code, shall be:

Vehicles one (1) and two (2) years old

Vehicles three (3) and four (4) years old

Vehicles five (5) and six (6) years old

Vehicles seven (7) and eight (8) years old

Vehicles over eight (8) years old

There shall be twelve (12) registration periods, starting in January and proceeding consecutively through December. Each registration period shall start on the first day of a calendar month and end on the last day of the twelfth month from the first day of the beginning month. Registration periods shall expire at midnight on the last day of the registration period in the year designated by the registration card. The registration period is fixed by the registration card under the staggered registration system for the purpose of reregistration and notice of expiration.

A vehicle that has once been registered for any of the above-designated periods shall, upon reregistration, be registered for the period bearing the same month, and the registration card shall show and be the exclusive proof of the expiration date of registration and licensing. Vehicles may be initially registered for less than a twelve (12) month period, or for more than a twelve (12) month period, and the fee prorated on a monthly basis if the fractional registration tends to fulfill the purpose of the monthly series registration system.

(2) For all school buses operated either by a nonprofit, nonpublic school or operated pursuant to a service contract with a school district for transporting children to or from school or in connection with school-approved activities, the annual fee shall be twenty-four dollars ($24.00) and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.

(3) For all motorcycles and motor-driven cycles that comply with the federal motor vehicle safety standards, operated on the public highways, the annual fee shall be nineteen dollars ($19.00) and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.

(4) For operation of an all-terrain vehicle, utility type vehicle or motorbike, excluding a motorbike with an engine displacement of fifty (50) cubic centimeters or less, on city, county or highway district roads or highways open to such use, a restricted vehicle license plate fee pursuant to section 49-450, Idaho Code, shall be paid. In addition, the certificate of number fee specified in section 67-7122, Idaho Code, shall be paid as provided in section 67-7122, Idaho Code. The certificate of number and restricted vehicle license plate exemption provided in section 49-426(2), Idaho Code, applies to all-terrain vehicles, utility type vehicles, motorbikes and motorcycles used for the purposes described in section 49-426(2), Idaho Code. Nonresidents shall be allowed to purchase a restricted vehicle license plate and validation sticker pursuant to section 67-7124, Idaho Code, for an all-terrain vehicle, utility type vehicle, or motorbike.

(5) For all motor homes, the fee shall be as specified in subsection (1) of this section and shall be in addition to the fees provided for in section 49-445, Idaho Code.

(6) Registration fees shall not be subject to refund.

(7) A financial institution or repossession service contracted to a financial institution repossessing vehicles under the terms of a security agreement shall move the vehicle from the place of repossession to the financial institution's place of business on a repossession plate. The repossession plate shall also be used for demonstrating the vehicle to a prospective purchaser for a period not to exceed ninety-six (96) hours. The registration fees for repossession plates shall be as required in subsection (1) of this section for a vehicle one (1) and two (2) years old. All other fees required under chapter 4, title 49, Idaho Code, shall be in addition to the registration fee. The repossession plate shall be subject to staggered registration for the purpose of reregistration and notice of expiration.

(8) A wrecker or towing business engaged in the process of towing motorized vehicles that have been wrecked, abandoned, salvaged or may be disabled may apply for a wrecker plate to be displayed on those vehicles being towed, provided the power unit is properly registered under this chapter. The registration fees for wrecker plates shall be as required in subsection (1) of this section for a vehicle one (1) and two (2) years old. All other fees required under chapter 4, title 49, Idaho Code, shall be in addition to the registration fee and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.

(9) In addition to the annual registration fee in this section, there shall be an initial program fee of twenty-five dollars ($25.00) and an annual program fee of fifteen dollars ($15.00) for all special license plate programs for those license plates issued pursuant to sections 49-404A, 49-407, 49-408, 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special plates issued pursuant to sections 49-417E and 49-417G, Idaho Code, there shall be an initial program fee of seventy dollars ($70.00) and an annual program fee of fifty dollars ($50.00). For special plates issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an initial program fee of twenty-five dollars ($25.00) but there shall be no annual renewal fee. For special plates issued pursuant to sections 49-415D, 49-416A, 49-417, 49-417A, 49-417B, 49-417C, 49-417D, 49-418A, 49-418B, 49-418C, 49-419, 49-419A, 49-419C, 49-419E, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420J, 49-420K, 49-420M, 49-420Q, 49-420R, 49-420S, 49-420T, and 49-420U, Idaho Code, and unless otherwise expressly provided for in this chapter, any new special plate program effective on and after January 1, 2013, pursuant to section 49-402D, Idaho Code, there shall be an initial program fee of thirty-five dollars ($35.00) and an annual program fee of twenty-five dollars ($25.00). The fees contained in this subsection shall be applicable to all new special plate programs and shall be subject to staggered registration for the purpose of reregistration and notice of expiration. The initial program fee and the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of special license plate programs, unless otherwise specified by law.

(10) Any vehicle that does not meet federal motor vehicle safety standards shall not be registered and shall not be permitted to operate on public highways of the state, as defined in section 40-117, Idaho Code, unless otherwise specifically authorized.

(11) In addition to annual registration fees as provided in this section, registrants may pay a fee to purchase an Idaho state parks passport authorizing resident motor vehicle entry into all Idaho state parks. Registrants may pay the fee for a one (1) year or two (2) year period of time. The fee shall be ten dollars ($10.00) for one (1) year and twenty dollars ($20.00) for two (2) years. All fees collected pursuant to this subsection shall be deposited into the park and recreation fund and shall be subject to appropriation. Fees collected pursuant to this subsection shall not be considered a motor vehicle registration fee as provided in section 17, article VII of the constitution of the state of Idaho.

History:

[49-402, added 1988, ch. 265, sec. 71, p. 607; am. 1989, ch. 310, sec. 11, p. 785; am. 1989, ch. 318, sec. 3, p. 820; am. 1990, ch. 391, sec. 2, p. 1094; am. 1991, ch. 295, sec. 1, p. 770; am. 1992, ch. 35, sec. 10, p. 114; am. 1992, ch. 186, sec. 1, p. 578; am. 1992, ch. 261, sec. 2, p. 758; am. 1993, ch. 99, sec. 1, p. 249; am. 1993, ch. 135, sec. 2, p. 333; am. 1996, ch. 343, sec. 3, p. 1151; am. 1997, ch. 129, sec. 1, p. 383; am. 1998, ch. 392, sec. 8, p. 1209; am. 1999, ch. 315, sec. 1, p. 782; am. 1999, ch. 316, sec. 2, p. 790; am. 1999, ch. 320, sec. 5, p. 818; am. 1999, ch. 365, sec. 1, p. 963; am. 1999, ch. 374, sec. 1, p. 1021; am. 2000, ch. 50, sec. 1, p. 95; am. 2000, ch. 193, sec. 1, p. 477; am. 2000, ch. 200, sec. 1, p. 492; am. 2000, ch. 315, sec. 2, p. 1061; am. 2000, ch. 421, sec. 1, p. 1369; am. 2001, ch. 281, sec. 1, p. 1010; am. 2002, ch. 226, sec. 1, p. 651; am. 2002, ch. 254, sec. 1, p. 731; am. 2002, ch. 285, sec. 1, p. 829; am. 2003, ch. 16, sec. 11, p. 58; am. 2003, ch. 43, sec. 1, p. 165; am. 2003, ch. 45, sec. 2, p. 173; am. 2003, ch. 242, sec. 1, p. 624; am. 2004, ch. 78, sec. 1, p. 300; am. 2004, ch. 81, sec. 1, p. 307; am. 2004, ch. 301, sec. 2, p. 841; am. 2005, ch. 70, sec. 1, p. 244; am. 2005, ch. 102, sec. 1, p. 321; am. 2005, ch. 154, sec. 1, p. 481; am. 2005, ch. 183, sec. 4, p. 565; am. 2006, ch. 41, sec. 1, p. 119; am. 2006, ch. 118, sec. 1, p. 331; am. 2006, ch. 119, sec. 1, p. 334; am. 2006, ch. 176, sec. 1, p. 541; am. 2007, ch. 256, sec. 1, p. 760; am. 2008, ch. 150, sec. 1, p. 436; am. 2008, ch. 193, sec. 1, p. 605; am. 2008, ch. 198, sec. 5, p. 640; am. 2008, ch. 210, sec. 1, p. 664; am. 2008, ch. 409, sec. 3, p. 1129; am. 2009, ch. 11, sec. 19, p. 31; am. 2009, ch. 157, sec. 7, p. 466; am. 2009, ch. 196, sec. 1, p. 631; am. 2009, ch. 199, sec. 1, p. 637; am. 2009, ch. 287, sec. 1, p. 860; am. 2010, ch. 132, sec. 1, p. 280; am. 2010, ch. 140, sec. 1, p. 295; am. 2011, ch. 22, sec. 1, p. 62; am. 2011, ch. 151, sec. 24, p. 430; am. 2012, ch. 41, sec. 2, p. 128; am. 2012, ch. 64, sec. 1, p. 168; am. 2012, ch. 253, sec. 1, p. 697; am. 2013, ch. 88, sec. 1, p. 212; am. 2013, ch. 354, sec. 3, p. 967; am. 2014, ch. 13, sec. 1, p. 18; am. 2014, ch. 82, sec. 1, p. 225; am. 2015, ch. 8, sec. 1, p. 9; am. 2015, ch. 37, sec. 1, p. 76; am. 2015, ch. 341, sec. 1, p. 1276; am. 2016, ch. 47, sec. 23, p. 118; am. 2017, ch. 233, sec. 1, p. 570; am. 2018, ch. 253, sec. 2, p. 584; am. 2019, ch. 89, sec. 1, p. 217; am. 2020, ch. 42, sec. 1, p. 94; am. 2021, ch. 149, sec. 26, p. 417; am. 2024, ch. 187, sec. 1, p. 675; am. 2025, ch. 109, sec. 1, p. 569; am. 2025, ch. 172, sec. 1, p. 815; am. 2025, ch. 271, sec. 1, p. 1161; am. 2026, ch. 9, sec. 2, p. 66; am. 2026, ch. 84, sec. 10, p. 445; am. 2026, ch. 85, sec. 1, p. 450; am. 2026, ch. 223, sec. 2, p. 996; am. 2026, ch. 251, sec. 17, p. 1066.]
Idaho Code § 49-109 — Idaho Code / Title 49 / Chapter 1 / Section 49-109
49-109 DEFINITIONS — H.
Status: in_force

49-109. Definitions — H. (1) "Habitual violator" means any person who has a driving record that shows a violation point count of eighteen (18) or more points in any consecutive twenty-four (24) month period; or twenty-four (24) or more points in any consecutive thirty-six (36) month period.

(2) "Hazardous material" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of material listed as a select agent or toxin under 42 CFR part 73.

(3) "Hazardous waste" means a material that is subject to the hazardous waste manifest requirements of the EPA due to the type and quantity of the material or that would be subject to these requirements absent an interim authorization to the state under title 40, code of federal regulations or that includes in whole or in part polychlorinated biphenyls regulated by title 40, code of federal regulations, part 761.

(4) "Highway" means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic. The term "street" is interchangeable with highway.

(a) Arterial. Any highway designated by the local authority as part of a major arterial system of highways within its jurisdiction.

(b) Controlled-access. Any highway or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway except at such points only or in such manner as may be determined by the public authority having jurisdiction over the highway.

(c) Through. Any highway or portion of it on which vehicular traffic is given preferential right-of-way and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on the through highway in obedience to a stop sign, yield sign, or other traffic-control device.

History:

[49-109, added 1988, ch. 265, sec. 2, p. 557; am. 1990, ch. 45, sec. 5, p. 78; am. 1994, ch. 264, sec. 1, p. 814; am. 2006, ch. 164, sec. 1, p. 489; am. 2019, ch. 213, sec. 6, p. 646.]
Idaho Code § 49-418D — Idaho Code / Title 49 / Chapter 4 / Section 49-418D
49-418D MILITARY VETERAN MOTORCYCLE LICENSE PLATE.
Status: in_force

49-418D. Military veteran motorcycle license plate. (1) On and after January 1, 2006, any person who is the owner of a motorcycle registered under the provisions of section 49-402, Idaho Code, may apply for and upon department approval receive a military veteran motorcycle license plate in lieu of a regular motorcycle license plate.

(2) Proof of being a current or former member of the United States armed forces must be furnished to the department before a military veteran motorcycle plate will be issued. Acceptable proof shall be a copy of form DD214 or an equivalent document or statement from the department of veterans affairs.

(3) In addition to the annual registration fee required in section 49-402(3), Idaho Code, the applicant shall be charged a fee of twenty-five dollars ($25.00) for the initial issuance of a plate, and fifteen dollars ($15.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial program fee and ten dollars ($10.00) of the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special motorcycle license plate program. Fifteen dollars ($15.00) of the initial program fee and five dollars ($5.00) of the annual program fee shall be deposited to the veterans cemetery maintenance fund created in section 65-107, Idaho Code, to operate and maintain a state veterans cemetery.

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

(5) The military veteran motorcycle license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. In addition, there shall be no decals to indicate the veteran's branch of service or the period of duty served; the plate shall display the words "Scenic Idaho" at the top and "Veteran" at the bottom of the plate; and the license plate design shall be approved by the department and any portion of the design which represents veterans shall be acceptable to the administrator of the Idaho division of veterans services and a unique numbering system shall be utilized by the department.

History:

[49-418D, added 2004, ch. 78, sec. 2, p. 302; am. 2006, ch. 120, sec. 1, p. 337.]
Idaho Code § 49-1208 — Idaho Code / Title 49 / Chapter 12 / Section 49-1208
49-1208 PROOF REQUIRED UPON CERTAIN CONVICTIONS.
Status: in_force

49-1208. Proof required upon certain convictions. (1) If a person is not licensed, but by final order or judgment is convicted of, or forfeits any bail or collateral deposited to secure an appearance for trial, or has entered a plea of guilty for, any offense requiring the suspension or revocation of the driver's license, or for operating a motor vehicle upon the highways without being licensed to do so, no driver's license shall be issued to that person and his driving privilege shall remain suspended or revoked until he gives and maintains proof of financial responsibility. Such person shall be required to verify proof of financial responsibility for a three (3) year period commencing with the last day of the suspension or revocation.

(2) Whenever the department or a court suspends, or the department revokes a resident's driver's license or nonresident's driving privilege by reason of a conviction, forfeiture of bail, or upon a plea or finding of guilty, the license or privilege shall remain suspended or revoked unless the person shall have previously given or shall immediately give and maintain proof of financial responsibility. Such person shall be required to verify proof of financial responsibility for a three (3) year period commencing with the last day of the suspension or revocation.

(3) Any person who is convicted of violating the provisions of either section 49-1229, 49-1232 or 49-1428, Idaho Code, for the first time shall give and maintain proof of financial responsibility throughout the one (1) year period following the conviction. Any person convicted for a second or any subsequent time of violating the provisions of section 49-1229, 49-1232 or 49-1428, Idaho Code, within a five (5) year period, shall give and maintain proof of financial responsibility throughout the three (3) year period following such conviction. The department shall notify any person subject to this subsection of the requirements for maintaining proof of financial responsibility for a second and any subsequent conviction. The driver's license and driving privileges shall remain suspended unless the person gives and maintains proof of financial responsibility throughout either the one (1) year or the three (3) year period following such conviction.

(4) Whenever a person is required to maintain proof of financial responsibility, and who is not a resident of Idaho, files and maintains proof of financial responsibility in his home state the department shall reinstate the person's driving privileges as long as proof of financial responsibility is maintained in the person's home state.

History:

[49-1208, added 1988, ch. 265, sec. 298, p. 728; am. 1989, ch. 310, sec. 25, p. 798; am. 1990, ch. 45, sec. 36, p. 105; am. 1990, ch. 432, sec. 3, p. 1199; am. 1992, ch. 115, sec. 24, p. 373; am. 1998, ch. 110, sec. 28, p. 411; am. 1998, ch. 423, sec. 1, p. 1335; am. 1999, ch. 81, sec. 17, p. 260; am. 2001, ch. 74, sec. 3, p. 176.]
Idaho Code § 49-1504 — Idaho Code / Title 49 / Chapter 15 / Section 49-1504
49-1504 APPEALS — PROCEDURES.
Status: in_force

49-1504. Appeals — Procedures. (1) Any person found to have committed an infraction after a hearing by a court may appeal the findings to the district court in the same manner prescribed by law and rule for any criminal appeal from the magistrate's division of the district court.

(2) An appeal under this section shall not operate to stay the reporting requirements of section 49-1502(2), Idaho Code.

History:

[49-1504, added 1988, ch. 265, sec. 371, p. 757.]
Idaho Code § 49-714 — Idaho Code / Title 49 / Chapter 7 / Section 49-714
49-714 TRAFFIC LAWS APPLY TO OPERATORS OR RIDERS OF HUMAN-POWERED VEHICLES, BICYCLES, OR ELECTRIC-ASSISTED BICYCLES — DUE CARE.
Status: in_force

49-714. Traffic laws apply to operators or riders of human-powered vehicles, bicycles, or electric-assisted bicycles — Due care. (1) Every operator or rider of a human-powered vehicle, bicycle, or electric-assisted bicycle shall have all of the rights and all of the duties applicable to the driver of any other vehicle under the provisions of chapters 6 and 8 of this title, except as otherwise provided in this chapter and except as to those provisions which by their nature can have no application.

(2) Every operator or rider of a human-powered vehicle, bicycle, or electric-assisted bicycle shall exercise due care.

History:

[49-714, added 1988, ch. 265, sec. 203, p. 678; am. 2005, ch. 202, sec. 1, p. 612; am. 2026, ch. 24, sec. 2, p. 114.]
Idaho Code § 49-410 — Idaho Code / Title 49 / Chapter 4 / Section 49-410
49-410 SPECIAL LICENSE PLATES AND PLACARDS FOR PERSONS WITH A DISABILITY — PARKING PRIVILEGES — PLACARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS — ENFORCEMENT.
Status: in_force

49-410. Special license plates and placards for persons with a disability — Parking privileges — Placards for certain temporarily disabled persons — Enforcement. (1) Any person with a disability as defined in section 49-117, Idaho Code, or any parent or guardian of a dependent child with a disability as defined in section 49-117, Idaho Code, without regard to the age of the dependent child, shall be eligible for the use of special license plates bearing the international accessible symbol, for any vehicle owned by such person or owned by a qualified parent or guardian, but excluding any commercial vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The parking privileges granted under the provisions of subsection (7) of this section shall apply to any vehicle displaying special license plates or placard issued pursuant to this section.

(2) Registration and license plate fees for vehicles owned by a person with a disability or qualified parent or guardian of a dependent child with a disability shall be as provided, respectively, in sections 49-402, 49-434(1) and 49-450, Idaho Code. Nothing in this section shall be construed as abrogating provisions of section 49-445, Idaho Code. The use of the special placard issued under the provisions of subsection (4) of this section, shall not exempt the owner of a motor vehicle from otherwise properly registering and licensing the motor vehicle.

(3) Special license plates for persons with a disability and for the parent or guardian of a dependent child with a disability shall be the same size and color as other license plates, and shall have displayed upon them the registration numbers assigned to the vehicle and to the owner. The plates shall be numbered in a manner prescribed by the department, but the plates shall display the international accessible symbol.

International Accessible Symbol

(4) The department shall issue a special placard bearing the international accessible symbol and other information the department may require to:

(a) Any qualified person with a disability who does not own a motor vehicle;

(b) Any qualified person with a disability who owns a motor vehicle, without regard to weight or use of the vehicle;

(c) Any parent or guardian of a dependent child with a disability who owns a motor vehicle without regard to weight or use of the vehicle;

(d) Any business entity that is engaged in transportation of persons with a disability, which business shall not be required to submit a physician's certification. In addition to other application requirements, a business applicant shall sign a declaration that he is engaged in the transportation of persons with a disability. A business entity may include but not be limited to hospitals, nursing homes, federal, state and local governmental agencies and taxicabs; and

(e) Any recipient of a disabled veteran license plate pursuant to section 49-403, Idaho Code.

(5) Any person or business issued a special placard shall affix the special placard to a motor vehicle in a conspicuous place designated by the department. The placard shall bear distinguishing marks, letters or numerals indicating the vehicle is utilized by a permanently disabled person. When the placard is affixed to a motor vehicle and the motor vehicle is transporting a person with a disability, special parking privileges are granted as provided in subsection (7) of this section.

(6) Application for special license plates, a special placard, or both as applicable and at the option of the applicant, shall be made upon a form furnished by the department and shall include a written certification by a licensed physician, licensed physician assistant, or licensed advanced practice professional nurse verifying that the applicant's stated impairment qualifies as a disability according to the provisions of section 49-117, Idaho Code.

(7) Any motor vehicle displaying special license plates for a person with a disability, without regard to the state of residence or displaying the special placard provided in subsections (4) and (8) of this section, shall be allowed to park for unlimited periods of time in parking zones or areas that are otherwise restricted as to the length of time parking is permitted, to park in spaces and zones designated for persons with a disability, and to park in any public parking space with metered parking without being required to pay any parking meter fee. The provisions of this subsection shall not be applicable to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles, to areas where vehicular parking is prohibited for periods in excess of forty-eight (48) hours, or to areas where parking is prohibited for certain periods of time in order to allow snow removal, street construction or maintenance or for other emergency purposes. Nothing herein shall prohibit the designation of parking spaces for use by disabled persons for unlimited periods of time.

(8) Any person who shall submit satisfactory proof to the department that he is so temporarily disabled as defined in section 49-117(7)(b), Idaho Code, shall be entitled to receive for one (1) motor vehicle only, a special placard to be affixed to a motor vehicle in a conspicuous place designated by the department, bearing distinguishing marks, letters or numerals indicating that the vehicle is utilized by a temporarily disabled person. This special temporary placard shall be valid between one (1) and six (6) months depending on the written authorization of the licensed physician, licensed physician assistant, or licensed advanced practice professional nurse and as specified by the department on the placard.

(9) Any use of the plate or placard by any person other than those meeting the definition of disability under section 49-117(7)(b), Idaho Code, or as otherwise authorized by this section, to obtain parking shall constitute an infraction punishable by a fine of one hundred dollars ($100).

(10) Any person who unlawfully possesses, sells, copies, duplicates, distributes, or manufactures or aids and abets in the unlawful possession, sale, copying, duplicating, distributing or manufacturing of a special plate or placard is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for a period not to exceed thirty (30) days or by both. The court shall also impose as a term of the sentence a period not to exceed forty (40) hours of community service provided to a nonprofit organization which serves people with disabilities. The unlawfully obtained special plate or placard shall be subject to confiscation by law enforcement officials. Following conviction or dismissal, the special plate or placard confiscated by law enforcement shall be sent to the department.

Law enforcement officials and/or their designees as authorized by a city or county shall enforce the provisions of subsections (1) through (9) of this section and are empowered, using reasonable discretion, to check personal identification to determine if the user of the plate or placard is authorized to use accessible parking privileges. Any fines collected shall be retained by the city or county whose law enforcement official issued the citation.

History:

[49-410, added 1988, ch. 265, sec. 79, p. 613; am. 1989, ch. 310, sec. 15, p. 789; am. 1990, ch. 159, sec. 1, p. 346; am. 1992, ch. 35, sec. 12, p. 117; am. 1994, ch. 264, sec. 4, p. 818; am. 1995, ch. 246, sec. 1, p. 815; am. 1998, ch. 113, sec. 7, p. 422; am. 1999, ch. 309, sec. 2, p. 768; am. 2000, ch. 32, sec. 1, p. 59; am. 2000, ch. 87, sec. 11, p. 197; am. 2003, ch. 162, sec. 2, p. 457; am. 2023, ch. 16, sec. 2, p. 121.]
Idaho Code § 49-644 — Idaho Code / Title 49 / Chapter 6 / Section 49-644
49-644 REQUIRED POSITION AND METHOD OF TURNING.
Status: in_force

49-644. Required position and method of turning. The driver of a vehicle intending to turn shall do so as follows:

(1) Both the approach for a right turn and the right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

(2) The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Whenever practicable the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction on the highway being entered.

(3) Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by traffic-control devices:

(a) A left turn shall not be made from any other lane;

(b) A vehicle shall not be driven in the lane except when preparing for or making a left turn from or into the highway or when preparing for or making a U-turn when otherwise permitted by law.

History:

[49-644, added 1988, ch. 265, sec. 173, p. 665.]
Idaho Code § 49-1810 — Idaho Code / Title 49 / Chapter 18 / Section 49-1810
49-1810 CHARGES NOT OTHERWISE PROVIDED FOR.
Status: in_force

49-1810. CHARGES NOT OTHERWISE PROVIDED FOR. Every tow company in the process of towing, removing, or impounding a vehicle as directed by an authorized officer, except vehicles towed as part of an investigation or that are suspected stolen, shall upon request of the owner or his authorized agent release the vehicle at the scene. If the vehicle is attached to the tow truck, or otherwise in tow, the regular, scheduled tow fee may be charged. When the vehicle is not yet in tow at the time of request, the release must be made, and no charge may be assessed except a customary and reasonable charge for mileage one way from the towing company's place of storage to the scene plus the usual fee for the tow truck operator. If the authorized fee is not tendered by the owner or his agent, the towing operator may complete the impoundment, towing, or removal, as authorized.

History:

[49-1810, added 2025, ch. 218, sec. 2, p. 1031.]
Idaho Code § 49-601 — Idaho Code / Title 49 / Chapter 6 / Section 49-601
49-601 APPLICATION.
Status: in_force

49-601. Application. The provisions of this chapter relate exclusively to the operation of vehicles upon highways, except where a different place is specifically referred to in a given section.

They shall not apply to persons, motor vehicles and equipment while actually engaged in work upon a highway, or to owners or operators of a ditch, canal, conduit or drain while engaged in work within and pursuant to a right-of-way for a ditch, canal, conduit or drain, but shall apply to persons, owners, operators and vehicles when traveling to or from that work.

History:

[49-601, added 1988, ch. 265, sec. 140, p. 656; am. 2011, ch. 179, sec. 1, p. 510.]
Idaho Code § 49-1406 — Idaho Code / Title 49 / Chapter 14 / Section 49-1406
49-1406 WHEN PERSON MUST BE TAKEN IMMEDIATELY BEFORE A MAGISTRATE.
Status: in_force

49-1406. When person must be taken immediately before a magistrate. Whenever any person is halted by a peace officer for any violation of the provisions of this title not amounting to a misdemeanor and demands an immediate appearance before a magistrate, he shall be taken without unnecessary delay before the proper magistrate as specified in section 49-1411, Idaho Code.

History:

[49-1406, added 1988, ch. 265, sec. 342, p. 746.]
Idaho Code § 49-106 — Idaho Code / Title 49 / Chapter 1 / Section 49-106
49-106 DEFINITIONS — E.
Status: in_force

49-106. Definitions — E. (1) "Electric-assisted bicycle" means a bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts and that meets one (1) of the following requirements:

(a) "Class 1 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases when the rider stops pedaling or when the bicycle reaches the speed of twenty (20) miles per hour.

(b) "Class 2 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour.

(c) "Class 3 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases when the rider stops pedaling or when the bicycle reaches the speed of twenty-eight (28) miles per hour.

(2) "Electric personal assistive mobility device" means a self-balancing two (2) nontandem wheeled device designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour or less.

(3) "Emergency vehicle." (See "Vehicle," section 49-123, Idaho Code)

(4) "Encumbrance." (See "Lien," section 49-113, Idaho Code)

(5) "EPA" means the environmental protection agency of the United States.

(6) "Essential parts" means all integral and body parts of a vehicle of a type required to be registered, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation.

(7) "Established place of business" means a place occupied either continuously or at regular periods by a dealer or manufacturer where his books and records are kept and a large share of his business is transacted.

(8) "Excessive" or "unusual noise" means any sound made by a passenger motor vehicle or a motorcycle at any time under any condition of grade, speed, acceleration or deceleration, which exceeds ninety-two (92) decibels, or any lower decibel level that is fixed by law or rules adopted by the board of health and welfare, on the "A" scale of a general radio company no. 1551-B sound level meter, or equivalent, stationed at a distance of not less than twenty (20) feet to the side of a vehicle or motorcycle as the vehicle or motorcycle passes the soundmeter or is stationed not less than twenty (20) feet from a stationary motor or engine.

(9) "Excessive speed" means any speed of fifteen (15) miles per hour or more above the posted speed limit, and is only for purposes of determining disqualification of commercial driving privileges.

(10) "Executive head," as used in chapter 20, title 49, Idaho Code, means the governor of the state of Idaho.

(11) "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases with which the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

(12) "Extraordinary circumstances" means any situation where an emergency exists or public safety is endangered, or any situation in which a vehicle:

(a) Is blocking or impeding traffic; or

(b) Is causing a hazard; or

(c) Has the potential of impeding any emergency vehicle; or

(d) Is impeding any snow removal or other road maintenance operation; or

(e) Has been stolen but not yet reported as recovered; or

(f) Is not registered, or displays a license plate registration tag which has been expired; or

(g) Has been involved in an accident and remains on the highway; or

(h) The driver of which has been arrested.

History:

[49-106, added 1988, ch. 265, sec. 2, p. 555; am. 1989, ch. 88, sec. 4, p. 159; am. 1989, ch. 113, sec. 1, p. 256; am. 1990, ch. 45, sec. 4, p. 77; am. 1998, ch. 392, sec. 1, p. 1198; am. 2002, ch. 160, sec. 1, p. 466; am. 2010, ch. 171, sec. 1, p. 348; am. 2019, ch. 84, sec. 2, p. 201.]
Idaho Code § 49-111 — Idaho Code / Title 49 / Chapter 1 / Section 49-111
49-111 DEFINITIONS — J.
Status: in_force

49-111. Definitions — J. (1) "Judgment" means a decree which shall have become final by expiration without appeal by the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement or settlement for damages.

(2) "Jurisdiction" means and includes a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country and a state or province of a foreign country.

History:

[49-111, added 1988, ch. 265, sec. 2, p. 559.]
Idaho Code § 49-1013 — Idaho Code / Title 49 / Chapter 10 / Section 49-1013
49-1013 PENALTIES FOR VIOLATIONS.
Status: in_force

49-1013. Penalties for violations. (1) It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this chapter, except that violations of law as specified in paragraphs (a), (b) and (c) of subsection (3) of this section shall constitute an infraction.

(2) Persons convicted of violations of the provisions of sections 49-434A, 49-1003 and 49-1006 through 49-1012, Idaho Code, shall be subject to punishment by a fine of not to exceed three hundred dollars ($300) or by imprisonment in the county jail for not more than thirty (30) days or by a combination of such fine and imprisonment.

(3) Persons convicted of violations of the provisions of sections 49-438, 49-1001, 49-1002, 49-1004 and 49-1005, Idaho Code, shall be subject to a penalty as prescribed herein:

(a) One (1) pound through one thousand (1,000) pounds overweight shall be five dollars ($5.00) and shall constitute an infraction.

(b) One thousand one (1,001) pounds through two thousand (2,000) pounds overweight shall be fifteen dollars ($15.00) and shall constitute an infraction.

(c) Two thousand one (2,001) pounds through four thousand (4,000) pounds overweight shall be twenty-five dollars ($25.00) and shall constitute an infraction.

(d) Four thousand one (4,001) pounds through fifteen thousand (15,000) pounds overweight shall be twenty-five dollars ($25.00) plus $.1341 per pound for each additional pound over four thousand (4,000) pounds overweight.

(e) Fifteen thousand one (15,001) pounds through twenty thousand (20,000) pounds overweight shall be one thousand five hundred dollars ($1,500) plus twenty cents ($.20) per pound for each additional pound over fifteen thousand (15,000) pounds overweight.

(f) Twenty thousand one (20,001) pounds and greater shall be two thousand five hundred dollars ($2,500) plus thirty cents ($.30) per pound for each additional pound over twenty thousand (20,000) pounds overweight.

(g) In addition to the penalties specified in this subsection, one hundred fifty dollars ($150) for failure to deploy a variable load suspension axle which results in adjacent axles exceeding allowable weight by two thousand one (2,001) pounds or more.

(4) Persons convicted of an infraction or misdemeanor for violating two (2) or more of the provisions of section 49-1001, 49-1002 or 49-1004, Idaho Code, at any one (1) time shall be assessed the full amount of the penalty for the primary violation. In addition to the assessment of the penalty for the primary violation, the person convicted of an infraction or misdemeanor shall be assessed a penalty of ten dollars ($10.00) for each additional misdemeanor conviction or five dollars ($5.00) for each additional infraction for violations of section 49-1001, 49-1002 or 49-1004, Idaho Code, committed at the same time.

(5) All moneys collected as a result of the penalties prescribed in subsections (3) and (4) of this section, shall be deposited into the highway distribution account.

History:

[49-1013, added 1988, ch. 265, sec. 284, p. 724; am. 1991, ch. 226, sec. 3, p. 544; am. 1995, ch. 122, sec. 4, p. 538; am. 1997, ch. 135, sec. 1, p. 403; am. 1998, ch. 266, sec. 1, p. 877; am. 2000, ch. 101, sec. 3, p. 225; am. 2005, ch. 182, sec. 2, p. 557.]
Idaho Code § 49-655 — Idaho Code / Title 49 / Chapter 6 / Section 49-655
49-655 MINIMUM SPEED REGULATION.
Status: in_force

49-655. Minimum speed regulation. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with the law. Notwithstanding any minimum speed that may be authorized and posted pursuant to this section, no person shall operate a vehicle in the extreme left-hand lane of a controlled-access highway for a period of time that impedes the flow of other traffic traveling at a lawful rate of speed.

History:

[49-655, added 1988, ch. 265, sec. 180, p. 669; am. 2018, ch. 130, sec. 1, p. 278.]
Idaho Code § 49-607 — Idaho Code / Title 49 / Chapter 6 / Section 49-607
49-607 OPENING AND CLOSING VEHICLE DOORS.
Status: in_force

49-607. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on a side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

History:

[49-607, added 1988, ch. 265, sec. 146, p. 657.]
Idaho Code § 49-403C — Idaho Code / Title 49 / Chapter 4 / Section 49-403C
49-403C PURPLE HEART RECIPIENT MOTORCYCLE LICENSE PLATE.
Status: in_force

49-403C. Purple Heart Recipient motorcycle license plate. (1) On and after January 1, 2015, any person who is the owner of a motorcycle registered under the provisions of section 49-402, Idaho Code, may apply for and upon department approval receive a purple heart motorcycle license plate in lieu of a regular motorcycle license plate.

(2) Purple heart recipient license plates are available to any applicant who is a veteran or an active or retired member of any of the armed forces of the United States, reserve forces or Idaho national guard, and who furnishes proof of entitlement by providing one (1) of the following documents:

(a) A copy of form DD214 or equivalent document showing an award of the purple heart medal;

(b) A copy of the certificate presented with the medal; or

(c) A copy of the military order describing the award of the medal to the applicant.

(3) In addition to the regular registration fee, the applicant shall be charged the plate fee required in section 49-450, Idaho Code. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the registration shall expire, but the purple heart recipient may transfer his plates to another vehicle upon payment of the required transfer fees. He may display the plates only after receipt of new registration from the department. A purple heart recipient may register multiple vehicles under the provisions of this section.

(4) Purple heart recipient license plates may be retained and displayed on vehicles owned by the surviving spouse of a deceased purple heart recipient. In addition, the surviving spouse of a deceased purple heart recipient is eligible to reapply for and shall be issued purple heart recipient motorcycle license plates if the deceased purple heart recipient died on or after January 1 of the five (5) years preceding the date of reapplication for the plates. Such plates shall be used on a motorcycle owned by the surviving spouse.

(5) The purple heart recipient motorcycle license plates shall be of a color and design acceptable to the military order of the purple heart association and approved by the department, utilizing a numbering system as determined by the department.

(6) For those purple heart recipients who are listed as an owner of a motorcycle who also qualify as disabled pursuant to section 49-410, Idaho Code, the international accessible symbol will also appear on the purple heart motorcycle license plates. Such requirements must be met upon application for the motorcycle license plates. Those plates with the disability symbol shall be nontransferable to a surviving spouse, unless the requirements of section 49-410, Idaho Code, can be met by the spouse.

History:

[49-403C, added 2014, ch. 51, sec. 2, p. 128; am. 2021, ch. 148, sec. 2, p. 401.]
Idaho Code § 49-715 — Idaho Code / Title 49 / Chapter 7 / Section 49-715
49-715 RIDING ON HUMAN-POWERED VEHICLES, BICYCLES, OR ELECTRIC-ASSISTED BICYCLES.
Status: in_force

49-715. Riding on human-powered vehicles, bicycles, or electric-assisted bicycles. (1) No operator or rider of a human-powered vehicle, bicycle, or electric-assisted bicycle shall ride other than on or astride an attached permanent and regular seat.

(2) No human-powered vehicle, bicycle, or electric-assisted bicycle shall be used to carry more persons at one (1) time than the number for which it is designed and equipped.

(3) An adult rider may carry a child securely attached to his person in a backpack or sling or in a child carrier attached to a human-powered vehicle, bicycle, or electric-assisted bicycle.

History:

[49-715, added 1988, ch. 265, sec. 204, p. 678; am. 2026, ch. 24, sec. 3, p. 115.]
Idaho Code § 49-1901 — Idaho Code / Title 49 / Chapter 19 / Section 49-1901
49-1901 ENACTMENT OF WESTERN STATES TRANSPORTATION AGREEMENT.
Status: in_force

49-1901. Enactment of western states transportation agreement. The Western States Transportation Agreement is hereby enacted into law and entered into with all other jurisdictions legally joining therein as follows:

WESTERN STATES TRANSPORTATION AGREEMENT

Pursuant to and in conformity with the laws of their respective jurisdictions, the participating jurisdictions, acting by and through their officials lawfully authorized to execute this agreement, do mutually agree as follows:

ARTICLE I

Findings and Purposes

SECTION 1. Findings. The participating jurisdictions find that:

(a) The expanding regional economy depends on expanding transportation capacity;

(b) Highway transportation is the major mode for movement of people and goods in the western states;

(c) Uniform application in the west of more adequate vehicle size and weight standards will result in a reduction of pollution, congestion, fuel consumption and related transportation costs, which are necessary to permit increased productivity;

(d) A number of western states have already, to the fullest extent possible, adopted substantially the 1964 Bureau of Public Roads recommended vehicle size and weight standards; and

(e) The participating jurisdictions are most capable of developing vehicle size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of highway safety.

SECTION 2. Purposes. The purposes of this agreement are to:

(a) Adhere to the principle that each participating jurisdiction should have the freedom to develop vehicle size and weight standards that it determines to be most appropriate to its economy and highway system.

(b) Establish a system authorizing the operation of vehicles traveling between two (2) or more participating jurisdictions at more adequate size and weight standards.

(c) Promote uniformity among participating jurisdictions in vehicle size and weight standards on the basis of the objectives set forth in this agreement.

(d) Secure uniformity insofar as possible, of administrative procedures in the enforcement of recommended vehicle size and weight standards.

(e) Provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in section 1 of this article.

(f) Facilitate communication between legislators, state transportation administrators and commercial industry representatives in addressing the emerging highway transportation issues in participating jurisdictions.

ARTICLE II

Definitions

SECTION 1. As used in this agreement:

(a) "Cooperating committee" means a body composed of the designated representatives from the participating jurisdictions.

(b) "Designated representative" means a legislator or other person authorized under article X to represent the jurisdiction.

(c) "Jurisdiction" means a state of the United States or the District of Columbia.

(d) "Vehicle" means any vehicle as defined by statute to be subject to size and weight standards which operates in two (2) or more participating jurisdictions.

ARTICLE III

General Provisions

SECTION 1. Qualifications for Membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish these objectives.

SECTION 2. Cooperation. The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.

SECTION 3. Effect of Headings. Article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof.

SECTION 4. Vehicle Laws and Regulations. This agreement shall not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations thereof.

SECTION 5. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions shall be placed in writing.

SECTION 6. Amendment. This agreement may be amended by unanimous joint action of the participating jurisdictions, acting through the officials thereof authorized to enter into this agreement, subject to the requirements of section 4, article III. Any amendment shall be placed in writing and become a part hereof.

SECTION 7. Restrictions, Conditions or Limitations. Any jurisdiction entering this agreement shall provide each other participating jurisdiction with a list of any restriction, condition or limitation on the general terms of this agreement, if any.

SECTION 8. Additional Jurisdictions. Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.

ARTICLE IV

Cooperating Committee

SECTION 1. Each participating jurisdiction shall have two (2) designated representatives. Pursuant to section 2, article III, the designated representatives of the participating jurisdictions shall constitute the cooperating committee which shall have the power to:

(a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in relation to vehicle size and weight related matters.

(b) Recommend and encourage the undertaking of research and testing in any aspect of vehicle size and weight or related matter when, in their collective judgment, appropriate or sufficient research or testing has not been undertaken.

(c) Recommend changes in law or policy with emphasis on compatibility of laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight related matters.

(d) Recommend improvements in highway operations, in vehicular safety, and in state administration of highway transportation laws.

(e) Perform functions necessary to facilitate the purposes of this agreement.

SECTION 2. Each designated representative of a participating jurisdiction shall be entitled to one (1) vote only. No action of the committee shall be approved unless a majority of the total number of votes cast by the designated representatives of participating jurisdictions are in favor thereof.

SECTION 3. The committee shall meet at least once annually and shall elect, from among its members, a chairman, a vice chairman and a secretary.

SECTION 4. The committee shall submit annually to the legislature of each participating jurisdiction a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate or desirable.

ARTICLE V

Objectives of the Participating Jurisdictions

SECTION 1. Objectives. The participating jurisdictions hereby declare that:

(a) It is the objective of the participating jurisdictions to obtain more efficient and more economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation of a vehicle or combination of vehicles in regular operation on all state highways, except those determined through engineering evaluation to be inadequate, with a single-axle weight not in excess of 20,000 pounds, a tandem-axle weight not in excess of 34,000 pounds, and a gross vehicle or combination weight not in excess of that resulting from application of the formula:

W = 500 ((LN/N-1) + 12N + 36) where W = maximum weight in pounds carried on any group of two or more axles computed to nearest 500 pounds. L = distance in feet between the extremes of any group of two or more consecutive axles. N = number of axles in group under consideration.

(b) It is the further objective of the participating jurisdictions that the operation of a vehicle or combination of vehicles in interstate commerce according to the provisions of subsection (a) of this section be authorized under special permit authority by each participating jurisdiction for vehicle combinations in excess of statutory weight of 80,000 pounds and/or statutory lengths.

(c) It is the further objective of the participating jurisdictions to facilitate and expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (a) or (b) of this section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight related matters including, but not limited to, the development of: uniform enforcement procedures; additional vehicle size and weight standards; operational standards; agreements or compacts to facilitate regional application and administration of vehicle size and weight standards; uniform permit procedures; uniform application forms; rules and regulations for the operation of vehicles, including equipment requirements, driver qualifications, and operating practices; and such other matters as may be pertinent.

(d) The cooperating committee may recommend that the participating jurisdictions jointly secure congressional approval of this agreement and, specifically of the vehicle size and weight standards set forth in subsection (a) of this section.

(e) It is the further objective of the participating jurisdictions to:

(1) Establish transportation laws and regulations to meet regional needs and to promote an efficient, safe and compatible transportation network;

(2) Develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways, consistent with and in recognition of principles of highway safety;

(3) Establish programs to increase productivity and reduce congestion, fuel consumption and related transportation costs and enhance air quality through the uniform application of state vehicle regulations and laws.

ARTICLE VI

Entry Into Force and Withdrawal

SECTION 1. This agreement shall enter into force when enacted into law by any two (2) or more jurisdictions. Thereafter, this agreement shall become effective as to any other jurisdiction upon its enactment thereof, except as otherwise provided in section 7, article III.

SECTION 2. Any participating jurisdiction may withdraw from this agreement by cancelling the same but no such withdrawal shall take effect until thirty (30) days after the designated representative of the withdrawing jurisdiction has given notice in writing of the withdrawal to all other participating jurisdictions.

ARTICLE VII

Construction and Severability

SECTION 1. This agreement shall be liberally construed so as to effectuate the purposes thereof.

SECTION 2. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement shall not be affected thereby. If this agreement shall be held contrary to the constitution of any jurisdiction participating herein, the agreement shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdictions affected as to all severable matters.

ARTICLE VIII

Filing of Documents

SECTION 1. A copy of this agreement, its amendments, and rules or regulations promulgated thereunder and interpretations thereof shall be filed in the highway department in each participating jurisdiction and shall be made available for review by interested parties.

ARTICLE IX

Funding

SECTION 1. Funds for the administration of this agreement, including participation in the cooperating committee and the actual expenses of the designated representatives, shall be budgeted or expensed as determined appropriate.

ARTICLE X

Selection of Designated Representatives

SECTION 1. The process for selecting the designated representatives to the cooperating committee shall be established by law under this section.

SECTION 2. The persons authorized to represent the state of Idaho as the designated representatives to the committee shall be the chairman of the senate transportation committee and the chairman of the house transportation and defense committee, or a legislator or a state agency official that the chairman may assign.

SECTION 3. The transportation chairman in each house shall also designate one (1) alternate designated representative who shall also be a legislator or state agency official to serve in his absence.

History:

[49-1901, added 1988, ch. 265, sec. 438, p. 803; am. 2005, ch. 64, sec. 1, p. 223; am. 2012, ch. 255, sec. 5, p. 703.]
Idaho Code § 49-312 — Idaho Code / Title 49 / Chapter 3 / Section 49-312
49-312 DEATH OF PERSON SIGNING APPLICATION FOR PERSON UNDER EIGHTEEN YEARS OF AGE.
Status: in_force

49-312. Death of person signing application for person under eighteen years of age. The department, upon receipt of satisfactory evidence of the death of the person(s) who signed the application of a person under the age of eighteen (18) years for a driver's license, shall cancel the driver's license and shall not issue a new driver's license until a new application, duly signed and verified, is made. This provision shall not apply in the event the licensee has attained the age of eighteen (18) years.

History:

[49-312, added 1988, ch. 265, sec. 46, p. 595; am. 1989, ch. 88, sec. 24, p. 177.]
Idaho Code § 49-1701 — Idaho Code / Title 49 / Chapter 17 / Section 49-1701
49-1701 LABOR AND MATERIAL LIENS ON MOTOR VEHICLES.
Status: in_force

49-1701. Labor and material liens on motor vehicles. Every person has a lien, dependent upon possession, for the compensation to which he is legally entitled for making repairs or performing labor upon, and/or for the furnishing supplies or materials for, and/or for the towing, storage, repair or safekeeping of, and/or for the rental of parking space for any vehicle of a type subject to registration under the motor vehicle code, and upon the contents thereof.

History:

[49-1701, added 1988, ch. 265, sec. 408, p. 789.]
Idaho Code § 49-1418 — Idaho Code / Title 49 / Chapter 14 / Section 49-1418
49-1418 AUTHORIZING SEIZURE OF VESSELS, MOTOR AND OTHER VEHICLES — PROHIBITING DEFACING, ALTERING OR OBLITERATING NUMBERS — SALES PROHIBITED.
Status: in_force

49-1418. Authorizing seizure of vessels, motor and other vehicles — Prohibiting defacing, altering or obliterating numbers — Sales prohibited. (1) Any peace officer or authorized transportation department employee, with or without a warrant, may seize and take possession of any vehicle, trailer, semitrailer, vessel, vessel motor or implement of husbandry, or any part or parts thereof, which the peace officer or authorized employee has probable cause to believe is stolen, or on which any motor number, manufacturer's number, or identification number has been defaced, altered, removed, covered, destroyed or obliterated. Any peace officer or authorized transportation department employee so seizing a vehicle, vessel, equipment or parts thereof immediately shall notify the department and shall make every reasonable effort to determine ownership of the vehicle, vessel or equipment and to notify the rightful owner that the vehicle has been seized.

(2) It shall be unlawful for any person owning, conducting, managing or operating a service station, public garage, paint shop, or other repair shop for vehicles, vessels, or equipment described in subsection (1) of this section, to fail to notify local law enforcement agencies or the department, of any vehicle, vessel, equipment or parts thereof on which any numbers described in subsection (1) of this section, have been defaced, altered, removed, covered, destroyed or obliterated.

(3) Any person who shall deface, alter, remove, cover, destroy or obliterate the motor number, manufacturer's number, or identification number of any vehicle, vessel, equipment or parts thereof described in subsection (1) of this section, or places or stamps any serial number, engine number, or any other number upon a vehicle, vessel, equipment or parts thereof unless the number is assigned by the department is guilty of a felony and is punishable as provided by section 18-112, Idaho Code.

(4) Any person who knowingly disposes of, sells or offers for sale any vehicle, engine or parts removed from a vehicle, vessel, equipment or parts thereof described in subsection (1) of this section from which the manufacturer's number, motor number, identification number or any assigned or replacement number issued by the department has been defaced, altered, removed, covered, destroyed or obliterated is guilty of a felony.

History:

[49-1418, added 1988, ch. 265, sec. 354, p. 750; am. 1991, ch. 288, sec. 5, p. 745.]
Idaho Code § 49-909 — Idaho Code / Title 49 / Chapter 9 / Section 49-909
49-909 ADDITIONAL EQUIPMENT REQUIRED ON CERTAIN VEHICLES.
Status: in_force

49-909. Additional equipment required on certain vehicles. In addition to other equipment required in this chapter, the following vehicles shall be equipped as follows:

(1) On every bus or truck, whatever its size, there shall be:

(a) On each side, one (1) reflector, at or near the rear; and

(b) On the rear, two (2) reflectors, one (1) at each side, and one (1) stoplight.

(2) On every bus or truck eighty (80) inches or more in over-all width and less than thirty (30) feet in over-all length, in addition to the requirements in subsection (1):

(a) On the front, two (2) clearance lamps, one (1) at each side; and

(b) On the rear, two (2) clearance lamps, one (1) at each side.

(3) On every bus or truck thirty (30) feet or more in over-all length, regardless of its width, in addition to the requirements in subsection (1), clearance lamps required in subsection (2), plus:

(a) On each side, two (2) side marker lamps, one (1) at or near the front and one (1) at or near the rear; and

(b) On each side, one (1) reflector at or near the front.

(4) On every truck tractor, the cab of which is as wide as or wider than any vehicle being drawn:

(a) On the front, two (2) clearance lamps, one (1) at each side; and

(b) On each side, one (1) side marker lamp at or near the front.

(5) On every trailer or semitrailer having a gross weight in excess of three thousand (3,000) pounds, if wider than the truck or the cab of the truck tractor drawing it, the following:

(a) On the front, two (2) clearance lamps, one (1) at each side;

(b) On each side, two (2) side marker lamps, one (1) at or near the front and one (1) at or near the rear;

(c) On each side, two (2) reflectors, one (1) at or near the front and one (1) at or near the rear; and

(d) On the rear, two (2) clearance lamps, one (1) at each side, also two (2) reflectors, one (1) at each side, and one (1) stoplight.

(6) On every trailer or semitrailer having a gross weight in excess of three thousand (3,000) pounds if of the same width or less than the truck or the cab of the truck drawing it, the following:

(a) On each side, one (1) side marker lamp near the rear;

(b) On each side, two (2) reflectors, one (1) at or near the front and one (1) at or near the rear;

(c) On the rear, two (2) clearance lamps, one (1) at each side; and

(d) On the rear, two (2) reflectors, one (1) at each side and one (1) stoplight.

(7) On every pole trailer in excess of three thousand (3,000) pounds gross weight:

(a) On each side, one (1) side marker lamp and one (1) clearance lamp which may be in combination, to show the front, side and rear; and

(b) On the rear of the pole trailer or load, two (2) reflectors, one (1) at each side.

(8) On every trailer, semitrailer and pole trailer weighing three thousand (3,000) pounds gross or less:

(a) On the rear, two (2) reflectors, one (1) on each side; and

(b) On the front, two (2) reflectors, one (1) on each side.

(9) If any trailer or semitrailer is so loaded or is of dimensions which obscure the stoplight on the towing vehicle, then the drawn vehicle shall also be equipped with one (1) stoplight.

(10) Reflectors shall be mounted at a height no less than twenty-four (24) inches and not higher than sixty (60) inches above the ground on which the vehicle stands. If the highest part of the permanent structure of the vehicle is less than twenty-four (24) inches, the reflector at that point shall be mounted as high as that part of the permanent structure will permit. Rear reflectors on a pole trailer may be mounted on each side of the bolster or load. Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but the reflector shall meet all the other reflector requirements of this chapter.

(11) Clearance lamps shall be mounted on the permanent structure of the vehicle in a manner to indicate its extreme width and as near the top as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as prescribed for both.

(12) Lighting devices required shall be mounted, so far as practicable, in a manner to reduce the hazard of their being obscured by mud or dust thrown by the vehicle's wheels.

(13) On every trailer where the connecting tongue is fifteen (15) feet or more in length two (2) amber-colored reflectors shall be mounted on the connecting tongue, one (1) on each side near the center of the connecting tongue.

History:

[49-909, added 1988, ch. 265, sec. 234, p. 691; am. 1991, ch. 284, sec. 1, p. 731; am. 2005, ch. 126, sec. 1, p. 410.]
Idaho Code § 49-1407 — Idaho Code / Title 49 / Chapter 14 / Section 49-1407
49-1407 WHEN PEACE OFFICER HAS OPTION TO TAKE PERSON BEFORE A MAGISTRATE.
Status: in_force

49-1407. When peace officer has option to take person before a magistrate. Whenever any person is halted by a peace officer for any misdemeanor violation of the provisions of this title and is not required to be taken before a magistrate, the person shall, in the discretion of the officer, either be given a traffic citation or be taken without unnecessary delay before the proper magistrate as specified in section 49-1411, Idaho Code, in the following cases:

(1) When the person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.

(2) When the person is charged with a violation relating to the refusal of a driver of a vehicle to submit a vehicle to an inspection and test.

(3) When the person is charged with a violation relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom.

History:

[49-1407, added 1988, ch. 265, sec. 343, p. 746.]
Idaho Code § 49-308 — Idaho Code / Title 49 / Chapter 3 / Section 49-308
49-308 DRIVER TRAINING ACCOUNT ESTABLISHED.
Status: in_force

49-308. Driver training account established. The driver training account is established in the office of the state treasury, which account is continuously appropriated for the purpose of driver training. All disbursements for driver training purposes made under certificate of the state board of education shall be made from the driver training account.

History:

[49-308, added 1988, ch. 265, sec. 42, p. 593.]
Idaho Code § 49-2442 — Idaho Code / Title 49 / Chapter 24 / Section 49-2442
49-2442 IDENTIFICATION CARDS AUTHORIZED.
Status: in_force

49-2442. Identification cards authorized. Any Idaho resident may apply to an authorized agent of the department for an identification card. It is prima facie evidence of age when the authorized holder of an identification card exhibits a card that contains information indicating that the person has attained a certain age.

History:

[49-2442, added 1988, ch. 265, sec. 497, p. 831; am. 1990, ch. 45, sec. 38, p. 108; am. 2020, ch. 38, sec. 3, p. 84.]
Idaho Code § 49-930 — Idaho Code / Title 49 / Chapter 9 / Section 49-930
49-930 SELLING OR USING LAMPS OR EQUIPMENT.
Status: in_force

49-930. Selling or using lamps or equipment. (1) No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer, or use upon any vehicle any head lamp, auxiliary or fog lamp, rear lamp, or reflector which reflector is required in this chapter, or parts of any of the foregoing which tend to change the original design or performance, unless of a type which has been submitted to the director and approved by him, and which bears the trademark or name under which it is approved so as to be legible when installed.

(2) No person shall use upon any motor vehicle, trailer, or semitrailer any lamps mentioned in this section unless the lamps are mounted, adjusted and aimed in accordance with instructions of the department.

History:

[49-930, added 1988, ch. 265, sec. 256, p. 703.]
Idaho Code § 49-420U — Idaho Code / Title 49 / Chapter 4 / Section 49-420U
49-420U AN APPEAL TO HEAVEN LICENSE PLATES.
Status: in_force

49-420U. AN Appeal to heaven LICENSE plates. (1) On and after January 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 an appeal to heaven 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 an appeal to heaven 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 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. Such fees shall be deposited in the state highway account and shall be used, in part, to fund the cost of the plate design and administration of this special license plate program.

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

(5) Notwithstanding the provisions of section 49-402C, Idaho Code, the an appeal to heaven license plate design shall be of a color and design similar to the flag portion of the United States postal service's 1968 six-cent (6¢) stamp commemorating George Washington's cruisers flag of 1775, except with a brown tree trunk and the words "AN APPEAL TO HEAVEN" on the bottom center and the word "IDAHO" in the top center. Such design shall be approved by the department, utilizing a numbering system as determined by the department.

(6) The an appeal to heaven license plate established in this section shall be exempt from the requirements of section 49-402D.

(7) Sample an appeal to heaven license plates may be purchased for a fee of fifteen dollars ($15.00), which shall be deposited in the state highway account. No additional fee shall be charged for personalizing sample plates.

History:

[(49-420U) 49-420T, added 2025, ch. 172, sec. 2, p. 817; am. and redesig. 2026, ch. 251, sec. 19, p. 1070.]
Idaho Code § 49-2423 — Idaho Code / Title 49 / Chapter 24 / Section 49-2423
49-2423 RECORD OF PROCESS KEPT BY SECRETARY OF STATE.
Status: in_force

49-2423. Record of process kept by secretary of state. The secretary of state shall keep a record of all processes, which shall show the day and hour of service.

History:

[49-2423, added 1988, ch. 265, sec. 485, p. 827.]
Idaho Code § 49-1004A — Idaho Code / Title 49 / Chapter 10 / Section 49-1004A
49-1004A NEW SPECIAL ROUTE DESIGNATIONS BY THE DEPARTMENT.
Status: in_force

49-1004A. new special route designations by the department. (1) Notwithstanding the provision on the addition or deletion of approved routes in section 49-1004(4), Idaho Code, the department may designate routes within its jurisdiction for operation of vehicle combinations with a legal maximum gross weight of at least one hundred five thousand five hundred one (105,501) pounds but not exceeding one hundred twenty-nine thousand (129,000) pounds, utilizing criteria established by the department based upon road and bridge structural integrity engineering standards, as well as public safety engineering standards. Any routes approved by the department shall be included in the statewide route map provided for in section 49-1004(4), Idaho Code, entitled "Designated Routes up to 129K."

(2) For all requests that new routes be designated for travel by vehicle combinations with a maximum gross weight of up to one hundred twenty-nine thousand (129,000) pounds, the department shall analyze the safety and feasibility of adding such routes within the department's jurisdiction.

(3) Prior to designating, modifying, or deleting a designation of a route under this section, the department shall publish notice and conduct a public hearing concerning the proposed designation.

History:

[49-1004A, added 2013, ch. 206, sec. 1, p. 493; am. 2013, ch. 351, sec. 1, p. 952; am. 2019, ch. 180, sec. 2, p. 582.]
Idaho Code § 49-2001 — Idaho Code / Title 49 / Chapter 20 / Section 49-2001
49-2001 ENACTMENT OF COMPACT.
Status: in_force

49-2001. Enactment of compact. The driver license compact is hereby enacted into law and entered into with all other jurisdictions legally joined therein in the form substantially as follows:

DRIVER LICENSE COMPACT

ARTICLE I

Findings and Declaration of Policy

(a) The party states find that:

(1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.

(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.

(3) The continuance in force of a driver's license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.

(b) It is the policy of each of the party states to:

(1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.

(2) Make the reciprocal recognition of drivers' licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any driver's license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.

ARTICLE II

Definitions

As used in this compact:

(a) "State" means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(b) "Home State" means the state which has issued and has the power to suspend, disqualify or revoke the use of the license or permit to operate a motor vehicle.

(c) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

ARTICLE III

Reports of Conviction

The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.

ARTICLE IV

Effect of Conviction

(a) The licensing authority in the home state, for the purposes of suspension, disqualification, revocation or limitation of the driver's license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for:

(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

(3) Any felony in the commission of which a motor vehicle is used;

(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

(b) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.

(c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.

ARTICLE V

Applications for New Driver's Licenses

Upon application for a driver's license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held driving privileges, or is the holder of a driver's license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a driver's license to drive to the applicant if:

(1) The applicant has held such a driver's license, but the same or driving privileges have been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.

(2) The applicant has held such a driver's license, but the same or driving privileges have been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated.

(3) The applicant is the holder of a driver's license to drive issued by another party state and currently in force unless the applicant surrenders such driver's license.

ARTICLE VI

Applicability of Other Laws

Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to driver's licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.

ARTICLE VII

Compact Administrator

and Interchange of Information

(a) The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.

(b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.

ARTICLE VIII

Entry Into Force and Withdrawal

(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of convictions occurring prior to the withdrawal.

ARTICLE IX

Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

History:

[49-2001, added 1988, ch. 265, sec. 442, p. 808; am. 1989, ch. 88, sec. 56, p. 194; am. 1990, ch. 45, sec. 37, p. 105.]
Idaho Code § 49-117 — Idaho Code / Title 49 / Chapter 1 / Section 49-117
49-117 DEFINITIONS — P.
Status: in_force

49-117. Definitions — P. (1) "Park" or "parking" means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

(2) "Park model recreational vehicle" means a recreational vehicle that is designed to provide temporary accommodations for recreational, camping or seasonal use, is built on a single chassis, was originally mounted on wheels, has a gross trailer area not exceeding four hundred (400) square feet in the set-up mode and is certified by its manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Standard for Recreational Park Trailers, and includes park models, park trailers and recreational park trailers.

(3) "Part-time salesman" means any person employed as a vehicle salesman on behalf of a dealer fewer than thirty (30) hours per week.

(4) "Peace officer." (See section 19-5101(d), Idaho Code)

(5) "Pedestrian" means any person afoot and any person operating a wheelchair or a motorized wheelchair or an electric personal assistive mobility device.

(6) "Pedestrian path" means any path, sidewalk or way set aside and used exclusively by pedestrians.

(7)(a) "Person" means every natural person, firm, fiduciary, copartnership, association, corporation, trustee, receiver or assignee for the benefit of creditors, political subdivision, state or federal governmental department, agency, or instrumentality and, for the purposes of chapter 22, title 49, Idaho Code, shall include a private, common or contract carrier operating a vehicle on any highway of this state.

(b) "Person with a disability" means:

(i) A person who is unable to walk two hundred (200) feet or more unassisted by another person;

(ii) A person who is unable to walk two hundred (200) feet or more without the aid of a walker, cane, crutches, braces, prosthetic device or a wheelchair; or

(iii) A person who is unable to walk two hundred (200) feet or more without great difficulty or discomfort due to the following impairments: neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb.

(iv) For the purposes of chapters 3 and 4, title 49, Idaho Code, a person with a permanent disability is one whose physician certifies that the person qualifies as a person with a disability pursuant to this paragraph and further certifies that there is no expectation for a fundamental or marked change in the person's condition at any time in the future.

(8) "Personal delivery device" means an electrically powered device that is operated on sidewalks, crosswalks, and the sides or berms of highways and is intended primarily to transport property; weighs less than five hundred fifty (550) pounds, excluding cargo; operates at a maximum speed of ten (10) miles per hour when on sidewalks; and is equipped with technology to allow for operation of the device with or without the active control or monitoring of a natural person. A personal delivery device shall not be defined as a vehicle or motor vehicle in any section of the law, unless expressly so stated.

(9) "Personal delivery device operator" means an entity or its agent that exercises direct physical control or monitoring over the navigation system and operation of a personal delivery device. For the purposes of this subsection, the term "agent" means a person charged by the entity with the responsibility of navigating, monitoring, or operating the personal delivery device. The term "personal delivery device operator" does not include an entity or person who requests the services of a personal delivery device for the purpose of transporting property or an entity, nor does it include a person who merely arranges for and dispatches the requested services of a personal delivery device.

(10) "Personal information" means information that identifies an individual, including an individual's photograph or computerized image, social security number, driver identification number, name, address, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations, the five-digit zip code of the person's address, or status of the driver's license or motor vehicle registration.

(11) "Pneumatic tire." (See "tires," section 49-121, Idaho Code)

(12) "Pole trailer." (See "trailer," section 49-121, Idaho Code)

(13) "Possessory lien" means a lien dependent upon possession for compensation to which a person is legally entitled for making repairs or performing labor upon, and furnishing supplies or materials for, and for the towing, storage, repair, or safekeeping of any vehicle of a type subject to registration.

(14) "Possessory lienholder" means any person claiming a lien, which lien claimed to have accrued on a basis of services rendered to the vehicle that is the subject of the lien.

(15) "Preceding year" means, for the purposes of section 49-434, Idaho Code, a period of twelve (12) consecutive months fixed by the department, prior to July 1 of the year immediately preceding the commencement of the registration or license year for which proportional registration is sought. The department in fixing the period shall make it conform to the terms, conditions and requirements of any applicable agreement or arrangement for the proportional registration of vehicles.

(16) "Pressure regulator valve" means a device or system that governs the load distribution and controls the weight borne by a variable load suspension axle in accordance with a predetermined valve setting.

(17) "Principal place of business" means an enclosed commercial structure located within the state, easily accessible and open to the public at all reasonable times, with an improved display area large enough to display five (5) or more vehicles of the type the dealer is licensed to sell, immediately adjoining the building, and at which the business of a dealership, including the display and repair of vehicles, may be lawfully carried on in accordance with the terms of all applicable building codes, zoning and other land-use regulatory ordinances, and in which building the public shall be able to contact the dealer or his salesmen in person or by telephone at all reasonable times. The books, records and files necessary to conduct the business of the dealership must be kept or reproduced electronically at the dealership's licensed location(s). A dealership keeping its physical books, records and files at an off-site location must notify the department in writing of such location at least thirty (30) days in advance of moving such books, records and files off-site. Physical books, records and files must be made available to the department upon request within three (3) business days of such request. The principal place of business shall display an exterior sign permanently affixed to the land or building, with letters clearly visible to the major avenue of traffic. In no event shall a room or rooms in a hotel, rooming house, or apartment house building or a part of any single or multiple unit dwelling house be considered a "principal place of business" within the terms and provisions of this title unless the entire ground floor of that hotel, apartment house, or rooming house building or dwelling house be devoted principally to and occupied for commercial purposes, and the office or offices of the dealer be located on the ground floor.

(18) "Private property open to the public" means real property not owned by the federal government or the state of Idaho or any of its political subdivisions, but is available for vehicular traffic or parking by the general public with the permission of the owner or agent of the real property.

(19) "Private road" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

(20) "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of twenty-five thousand dollars ($25,000) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of fifteen thousand dollars ($15,000) because of injury to or destruction of property of others in any one (1) accident.

(21) "Proper authority" means a public highway agency.

(22) "Public highway agency" means the state transportation department, any city, county, highway district or any other state agency that has jurisdiction over public highway systems and public rights-of-way.

(23) "Public right-of-way" means a right-of-way open to the public and under the jurisdiction of a public highway agency, where the public highway agency has no obligation to construct or maintain said right-of-way for vehicular traffic.

(24) "Public road jurisdiction" means a public highway agency.

(25) "Purchase." (See "sell," "sold," and "buy," section 49-120, Idaho Code)

History:

[49-117, added 1988, ch. 265, sec. 2, p. 562; am. 1991, ch. 272, sec. 4, p. 691; am. 1992, ch. 35, sec. 1, p. 100; am. 1994, ch. 264, sec. 2, p. 815; am. 1994, ch. 321, sec. 2, p. 1026; am. 1995, ch. 122, sec. 1, p. 526; am. 1997, ch. 80, sec. 6, p. 179; am. 1998, ch. 392, sec. 4, p. 1202; am. 2001, ch. 332, sec. 1, p. 1166; am. 2002, ch. 160, sec. 2, p. 467; am. 2011, ch. 71, sec. 1, p. 149; am. 2017, ch. 134, sec. 4, p. 313; am. 2017, ch. 147, sec. 1, p. 357; am. 2019, ch. 161, sec. 8, p. 535; am. 2020, ch. 250, sec. 1, p. 732; am. 2022, ch. 98, sec. 2, p. 340.]
Idaho Code § 49-419E — Idaho Code / Title 49 / Chapter 4 / Section 49-419E
49-419E IDAHO MOUNTAIN BIKING PLATES.
Status: in_force

49-419E. Idaho mountain biking plates. (1) On and after January 1, 2011, 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 mountain biking 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 mountain biking 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 the 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 deposited by the state treasurer in a dedicated fund in the department of parks and recreation or any successor state agency or department thereto which fund shall be used by any such agency or department exclusively for the preservation, maintenance and expansion of recreational trails within the state of Idaho and on which mountain biking is permitted.

(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 a new registration from the department.

(4) The Idaho mountain biking 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 the department of parks and recreation or any successor agency or department thereto, 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 the Idaho mountain bike trail preservation association.

(5) Sample Idaho mountain biking 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 deposited in a dedicated fund within the department of parks and recreation or any successor state agency or department thereto and which fund shall be used by any such agency or department exclusively for the preservation, maintenance and expansion of recreational trails within the state of Idaho and on which mountain biking is permitted.

History:

[49-419E, added 2010, ch. 132, sec. 2, p. 282.]
Idaho Code § 49-724 — Idaho Code / Title 49 / Chapter 7 / Section 49-724
49-724 ADDITIONAL LIGHTS AUTHORIZED.
Status: in_force

49-724. Additional lights authorized. A bicycle or its rider may be equipped with lights or reflectors in addition to those required in section 49-723, Idaho Code.

History:

[49-724, added 1988, ch. 265, sec. 213, p. 681.]
Idaho Code § 49-2426 — Idaho Code / Title 49 / Chapter 24 / Section 49-2426
49-2426 MARKING OF VEHICLES — CERTAIN VEHICLES EXCEPTED.
Status: in_force

49-2426. Marking of vehicles — Certain vehicles excepted. (1) Every motor vehicle owned by or under control and custody of the state of Idaho, except as provided in subsections (2) and (3) of this section, or in section 49-2427, Idaho Code, shall be indelibly and conspicuously lettered on each side, in plain letters not less than one and one-half (1 1/2) inches high, with the words "State of Idaho" or "Idaho" with the name of the proper department, as defined in section 67-2402, Idaho Code, in each case inserted following either of these words. The words shall be kept clear, distinct and visible at all times. The provisions of this section shall not be applicable to any motor vehicle in the personal service of the governor, except that upon the front doors of any motor vehicle in his personal service there shall be placed the Great Seal of the state of Idaho.

(2) Motor vehicles under the custody and control of the director of the Idaho state police and used for confidential investigative purposes when necessary to enforce the laws of this state or motor vehicles under the custody and control of the director of the department of health and welfare and used for official state business need not be marked as provided in subsection (1) of this section. Any other department, agency, or entity of the state shall apply in writing to the director for permission to use one (1) or more unmarked vehicles for confidential investigative purposes. Permission shall be granted only in writing and upon a finding of good cause.

(3) Motor vehicles under the custody and control of the director of the Idaho department of juvenile corrections, when used for official state business and to enforce laws of the juvenile corrections system, including investigation of juveniles under its purview, need not be marked as provided in subsection (1) of this section.

History:

[49-2426, added 1988, ch. 265, sec. 486, p. 827; am. 1996, ch. 240, sec. 1, p. 771; am. 2000, ch. 469, sec. 122, p. 1583; am. 2002, ch. 29, sec. 1, p. 36.]
Idaho Code § 49-402E — Idaho Code / Title 49 / Chapter 4 / Section 49-402E
49-402E RENTAL FLEET REGISTRATION.
Status: in_force

49-402E. rental fleet registration. (1) As used in this section "rental fleet" means more than twenty-five (25) motor vehicles that are:

(a) Owned by a rental company;

(b) Offered for rental without a hired driver through a rental agreement; and

(c) Designated by the registered owner of the motor vehicle as a rental fleet vehicle at the time of registration.

(2)(a) On and after the effective date of this act, an owner that registers a motor vehicle, weighing sixteen thousand (16,000) pounds or less, under the provisions of chapter 4, title 49, Idaho Code, may obtain an alternative special registration card if the motor vehicle is owned by a rental company and maintained in the rental company's rental fleet.

(b) Although annual registration shall be required for each fleet vehicle, the registration card issued under paragraph (a) of this subsection are valid for the life of the motor vehicle while the motor vehicle is maintained in the rental fleet.

(3) An owner that receives the alternative special registration card issued under this section shall renew the annual registration. If registration is not renewed, the registration shall be canceled.

(4) In addition to the registration fees collected under chapter 4, title 49, Idaho Code, the department shall also collect an additional two dollars ($2.00) for the initial registration for each vehicle registered under this section, which shall be deposited in the state highway account.

History:

[49-402E, added 2015, ch. 90, sec. 1, p. 224; am. 2026, ch. 9, sec. 4, p. 69.]
Idaho Code § 49-1709 — Idaho Code / Title 49 / Chapter 17 / Section 49-1709
49-1709 DISPOSITION OF PROCEEDS.
Status: in_force

49-1709. Disposition of proceeds. (1) The proceeds of a lien sale shall be disbursed as follows:

(a) To discharge the lien; then to actual costs of selling the property. The cost of selling shall be the actual cost, not to exceed seventy-five dollars ($75.00), for each vehicle;

(b) The balance, if any, shall be forwarded to the department within five (5) days of the sale for payment to the legal owner of any unpaid obligation or for deposit in the abandoned vehicle trust account.

(2) Any person claiming an interest in the vehicle may file a claim with the department for any portion of the funds from the lien sale which were forwarded to the department. Upon determination of the department that the claimant is entitled to some amount, the department shall pay an amount which in no case shall exceed the amount forwarded to the department in connection with the sale of the vehicle. The department shall not honor any claim not filed within two (2) years of the sale.

History:

[49-1709, added 1988, ch. 265, sec. 416, p. 793.]
Idaho Code § 49-122 — Idaho Code / Title 49 / Chapter 1 / Section 49-122
49-122 DEFINITIONS — U.
Status: in_force

49-122. Definitions — U. (1) "Unauthorized vehicle" means any vehicle parked or otherwise left on private property without the consent of the person owning or controlling that property.

(2) "United States" means the fifty (50) states and the District of Columbia.

(3) "Unladen weight." (See "Light weight," section 49-113, Idaho Code)

(4) "Unregistered vehicle" means a vehicle without current registration on file with the department or with the appropriate agency of another state, unless exempt from registration.

(5) "Unusual noise." (See "Excessive," section 49-106, Idaho Code)

(6) "Urban district." (See "District," section 49-105, Idaho Code)

(7) "Utility trailer" means a trailer or semitrailer designed primarily to be drawn behind a passenger car or pickup truck for domestic and utility purposes. Utility or domestic use shall include a farm trailer while being used to haul agricultural products or livestock from farm to storage, market or processing plant, or returning therefrom.

(8) "Utility type vehicle" or "UTV" means a utility type vehicle or UTV as defined in section 67-7101, Idaho Code.

History:

[49-122, added 1988, ch. 265, sec. 2, p. 568; am. 1989, ch. 88, sec. 12, p. 166; am. 1989, ch. 318, sec. 1, p. 817; am. 2000, ch. 418, sec. 4, p. 1335; am. 2006, ch. 42, sec. 5, p. 128; am. 2009, ch. 157, sec. 4, p. 462; am. 2011, ch. 158, sec. 2, p. 445.]
Idaho Code § 49-416 — Idaho Code / Title 49 / Chapter 4 / Section 49-416
49-416 STATEHOOD CENTENNIAL LICENSE PLATES.
Status: in_force

49-416. Statehood centennial license plates. (1) Statehood centennial license plates are available to owners of motor vehicles required to be registered under section 49-402(1) or section 49-434(1), Idaho Code, upon application at a county assessor's office or at the department. 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 statehood centennial plates for other classes of vehicle registrations shall be as authorized by rule of the department. In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee as specified in section 49-402, Idaho Code. All revenues from such initial registration and annual renewal fees shall be deposited in the highway distribution account.

(2) The statehood centennial license plates shall be of a color and design approved by the department, utilizing a numbering system approved by the board. The statehood centennial license plates must be surrendered upon failure to pay the annual special fee and renewal fees.

(3) Any person who applies for statehood centennial license plates, may also apply for personalized numbers and/or letters on those plates, as provided for in section 49-409, Idaho Code.

History:

[49-416, added 1988, ch. 265, sec. 84, p. 617; am. 1990, ch. 385, sec. 1, p. 1062; am. 1991, ch. 205, sec. 1, p. 486; am. 1992, ch. 35, sec. 13, p. 118; am. 1992, ch. 261, sec. 17, p. 768; am. 1997, ch. 129, sec. 9, p. 391; am. 1998, ch. 113, sec. 12, p. 426; am. 1999, ch. 316, sec. 8, p. 795; am. 2000, ch. 87, sec. 16, p. 201.]
Idaho Code § 49-205 — Idaho Code / Title 49 / Chapter 2 / Section 49-205
49-205 DUTIES OF LOCAL OFFICERS.
Status: in_force

49-205. Duties of local officers. (1) The assessors of the various counties of the state shall be agents of the department and shall perform duties prescribed in this title. With the concurrence of the department, a county assessor may appoint one (1) or more agents to perform the duties prescribed in chapters 4 and 5 of title 49, Idaho Code. Such agent shall post a faithful performance bond in an amount and form acceptable to the department. The assessor may negotiate for reasonable reimbursement of expenses to an agent for any duties performed by the agent under terms of agreement with the county assessor.

(2) The county assessors shall receive and file in their respective offices all instruments required by chapter 5 of this title to be filed with the county assessors.

(3) It shall be the duty of peace officers within the state of Idaho to enforce and make arrests for the violation of the provisions of this title without the necessity of procuring a warrant. It shall be the duty of authorized employees of the department to enforce compliance with the laws in accordance with section 40-511, Idaho Code.

History:

[49-205, added 1988, ch. 265, sec. 6, p. 577; am. 1991, ch. 288, sec. 3, p. 744; am. 1999, ch. 85, sec. 1, p. 284; am. 2014, ch. 38, sec. 4, p. 74.]
Idaho Code § 49-1223 — Idaho Code / Title 49 / Chapter 12 / Section 49-1223
49-1223 EXCEPTIONS FROM CHAPTER.
Status: in_force

49-1223. Exceptions from chapter. (1) This chapter shall not apply with respect to any motor vehicle owned by the United States, the state, any municipality or other political subdivision.

(2) Sections 49-1212, 49-1229, 49-1230 and 49-1232, Idaho Code, shall not apply to vehicles defined in section 67-7101, Idaho Code, provided that the owner or operator of such vehicle has procured other liability insurance applicable to the use of the vehicle upon public roads consistent with section 49-1428, Idaho Code. Such other liability insurance coverage is not required to meet the policy requirements stated in sections 49-1212 and 49-1229, Idaho Code.

History:

[49-1223, added 1988, ch. 265, sec. 313, p. 736; am. 2009, ch. 159, sec. 1, p. 477.]
Idaho Code § 49-642 — Idaho Code / Title 49 / Chapter 6 / Section 49-642
49-642 VEHICLE ENTERING HIGHWAY.
Status: in_force

49-642. Vehicle entering highway. The driver of a vehicle about to enter or cross a highway from any place other than another highway shall yield the right-of-way to all vehicles approaching on the highway to be entered or crossed.

History:

[49-642, added 1988, ch. 265, sec. 171, p. 665.]
Idaho Code § 49-2411 — Idaho Code / Title 49 / Chapter 24 / Section 49-2411
49-2411 PROVISIONS CUMULATIVE.
Status: in_force

49-2411. Provisions cumulative. The provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state.

History:

[49-2411, added 1988, ch. 265, sec. 477, p. 824.]
Idaho Code § 49-116 — Idaho Code / Title 49 / Chapter 1 / Section 49-116
49-116 DEFINITIONS — O.
Status: in_force

49-116. Definitions — O. (1) "Off-highway vehicle" or "OHV" means an off-highway vehicle as defined in section 67-7101, Idaho Code.

(2) "Operator" means every person who is in actual physical control of a motor vehicle upon a highway or private property open to public use.

(3) "Out-of-service order" means a temporary prohibition against operating a commercial vehicle as declared by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction and which is applicable to a driver, a commercial motor vehicle, or a motor carrier operation pursuant to federal regulations 49 CFR 386.72, 392.5, 395.13, or 396.9, or compatible laws, or to the North American uniform out-of-service criteria.

(4) "Owner" means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. "Owner," for the purposes of chapter 12, title 49, Idaho Code, means the person legally responsible for the operation of a vehicle upon the highways of the state of Idaho, whether as owner, lessee, or otherwise.

History:

[49-116, added 1988, ch. 265, sec. 2, p. 562; am. 1989, ch. 88, sec. 9, p. 163; am. 1990, ch. 45, sec. 8, p. 81; am. 1996, ch. 371, sec. 2, p. 1250; am. 1998, ch. 110, sec. 8, p. 387; am. 2021, ch. 171, sec. 1, p. 476.]
Idaho Code § 49-1233 — Idaho Code / Title 49 / Chapter 12 / Section 49-1233
49-1233 MOTOR CARRIER FINANCIAL RESPONSIBILITY — EXEMPTIONS — BOARD RULES.
Status: in_force

49-1233. Motor carrier financial responsibility — Exemptions — Board rules. (1) Before registering any motor carrier for transporting persons or property, the department shall require verification from the motor carrier that it has obtained and has in effect liability and property damage insurance, or has a surety bond written by an insurer licensed to furnish such insurance in this state or by a surety company authorized to write surety bonds in this state, or who qualifies as a self-insurer pursuant to the provisions of section 49-1224, Idaho Code.

(2) A motor carrier, unless exempted under the provisions of subsection (4) of this section, shall file with the department proof of liability and property damage insurance, surety bond, or proof of self-insurance in such form as the board shall prescribe. It shall be kept in full force and effect, and failure to do so shall be cause for revocation of the registration of the motor carrier.

(3) Insurance carriers shall file a notice with the department at least thirty (30) days before the effective date of any termination of insurance or surety bond or of a reduction in insurance below the amounts set by the board.

(4) Exemptions. The following intrastate motor carriers shall not be exempt from coverage in the amounts required by the provisions of section 49-117, Idaho Code, but shall be exempt from the motor carrier liability and property damage insurance coverage required herein by rule of the board:

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

(i) Wholly owned and operated by such school, or

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

(b) Taxicabs or other motor vehicles performing a licensed or franchised taxicab service, having a seating capacity of not more than seven (7) passengers within twenty-five (25) miles of the boundaries of the licensing or franchising jurisdiction; or

(c) Motor vehicles owned or operated by or on behalf of hotels and used exclusively for the transportation of hotel patrons between hotels and local railroads or airports or other common carrier stations; or

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

(e) Motor vehicles used exclusively in the distribution of newspapers; or

(f) Transportation of persons or property by motor vehicle at an airport when incidental to transportation by aircraft or other transportation in substitution for scheduled airline service when the carrier cannot provide the scheduled service because of weather and/or mechanical conditions and the transportation is arranged for and paid by the affected airlines; or

(g) Transportation of persons and/or property, including mobile and modular houses manufactured with wheels and undercarriage as part of the substructure, but not transportation of other houses, buildings or structures within a municipality or territory contiguous to such municipality if such operation outside such municipality be a part of a service maintained within the limits of the municipality with the privilege of transfer of passengers to vehicles within the municipality without additional fare; or

(h) The transportation of agricultural products including fresh fruits and vegetables, livestock, livestock feed or manure; or

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

(j) Motor carriers transporting products of the forest; or

(k) Motor carriers transporting products of the mine including sand, gravel and aggregates thereof, except petroleum products; or

(l) Motor carriers transporting household goods as defined by the federal surface transportation board; or

(m) 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, which vehicle shall be known as a "wrecker (tow truck)."

(5) The board shall promulgate rules to implement the provisions of this section, establishing by rule the amount of liability coverage to be carried for personal injury suffered by one (1) person while being transported in any vehicle, any additional amounts for all persons receiving personal injury, and such amount for damage to the property of any person other than the insured. The board is further authorized to adopt temporary rules as necessary.

History:

[49-1233, added 1999, ch. 383, sec. 9, p. 1064.]
Idaho Code § 49-504A — Idaho Code / Title 49 / Chapter 5 / Section 49-504A
49-504A PENALTY FOR LATE FILING — TRANSFER OF CERTIFICATE OF TITLE — DISPOSITION OF MONEYS.
Status: in_force

49-504A. Penalty for late filing — Transfer of certificate of title — Disposition of moneys. (1) When a transfer of ownership arises, a penalty of twenty dollars ($20.00) for presentation of a previously issued certificate of title shall be assessed against the new owner when the presentation for transfer of title or creation of an electronic ownership record in the new owner's name occurs more than thirty (30) days after the vehicle was transferred. All fines collected under the provisions of this section shall be distributed to the county current expense fund.

(2) When a licensed Idaho vehicle dealer, or entity exempted from licensing as defined in section 49-105(1), Idaho Code, either takes possession of a vehicle for the purpose of resale or transfers ownership of that vehicle, no penalty shall be assessed.

(3) When a person acquires ownership of a vehicle in another state, the thirty (30) day filing requirement shall begin upon initial entry of the vehicle into the state of Idaho.

(4) Vehicles acquired prior to July 1, 1989, and all-terrain vehicles, motorbikes and snowmobiles acquired prior to January 1, 1991, are specifically exempt from this penalty.

History:

[49-504A, added 1989, ch. 35, sec. 2, p. 46; am. 1990, ch. 369, sec. 1, p. 1007; am. 1991, ch. 143, sec. 2, p. 340; am. 2014, ch. 38, sec. 12, p. 81.]
Idaho Code § 49-3712 — Idaho Code / Title 49 / Chapter 37 / Section 49-3712
49-3712 NO CASH TRIPS.
Status: in_force

49-3712. no cash trips. The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify TNC drivers of such policy. TNC drivers shall not solicit or accept cash payments from passengers. Any payment for TNC services shall be made only electronically using the TNC's digital network or software application.

History:

[49-3712, added 2015, ch. 267, sec. 1, p. 1077.]
Idaho Code § 49-923 — Idaho Code / Title 49 / Chapter 9 / Section 49-923
49-923 USE OF MULTIPLE-BEAM ROAD-LIGHTING EQUIPMENT.
Status: in_force

49-923. Use of multiple-beam road-lighting equipment. (1) Whenever a motor vehicle is being operated on a highway during the times specified in section 49-903, Idaho Code, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle.

(2) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, the driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, shall be deemed to avoid glare at all times, regardless of road contour and loading.

(3) Whenever the driver of a vehicle follows another vehicle within two hundred (200) feet to the rear, except when engaged in the act of overtaking and passing, the driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in section 49-922, Idaho Code.

History:

[49-923, added 1988, ch. 265, sec. 249, p. 700.]
Idaho Code § 49-1632 — Idaho Code / Title 49 / Chapter 16 / Section 49-1632
49-1632 APPLICABILITY OF CHAPTER.
Status: in_force

49-1632. Applicability of chapter. (1) Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale, or has business dealings with respect to a new vehicle sale within this state, shall be subject to the provisions of this chapter and shall be subject to the jurisdiction of the courts of this state.

(2) The applicability of this chapter shall not be affected by a choice of law clause in any franchise, agreement, waiver, novation, or any other written instrument.

(3) Any provision of any agreement, franchise, waiver, novation or any other written instrument which is in violation of any section of this chapter shall be considered null and void and without force and effect.

(4) It shall be unlawful for a manufacturer to use any subsidiary corporation, affiliate corporation, or any other controlled corporation, partnership, entity, association, or person to accomplish what would otherwise be unlawful conduct under this chapter on the part of the manufacturer.

(5) Nothing in this chapter shall be construed to impair the obligations of a contract entered into prior to January 1, 1989, or to prevent a manufacturer, distributor, representative or any other person, whether or not licensed under this chapter, from requiring performance of a prior written contract entered into with any dealer, nor shall the requirement of performance constitute a violation of any of the provisions of this chapter. Any contract, or the terms of it, requiring performance, shall have been freely entered into and executed between the contracting parties. This chapter shall apply to any amendments, novations, records or modifications of prior contracts and to any contracts entered into subsequent to March 31, 1989.

History:

[49-1632, added 1988, ch. 265, sec. 405, p. 788; am. 2024, ch. 213, sec. 3, p. 758.]
Idaho Code § 49-704 — Idaho Code / Title 49 / Chapter 7 / Section 49-704
49-704 CROSSING AT OTHER THAN CROSSWALKS.
Status: in_force

49-704. Crossing at other than crosswalks. (1) Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.

(2) Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.

(3) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

(4) No pedestrian shall cross a highway intersection diagonally unless authorized by traffic-control devices. When authorized to cross diagonally, pedestrians shall cross only in accordance with the traffic-control devices pertaining to crossing movements.

History:

[49-704, added 1988, ch. 265, sec. 195, p. 676.]
Idaho Code § 49-926 — Idaho Code / Title 49 / Chapter 9 / Section 49-926
49-926 ALTERNATE ROAD-LIGHTING EQUIPMENT.
Status: in_force

49-926. Alternate road-lighting equipment. Any motor vehicle may be operated under the conditions specified in section 49-903, Idaho Code, when equipped with two (2) lighted lamps upon the front capable of revealing persons and objects seventy-five (75) feet ahead in lieu of lamps required in section 49-922 or section 49-924, Idaho Code. At no time shall it be operated at a speed in excess of twenty (20) miles per hour.

History:

[49-926, added 1988, ch. 265, sec. 252, p. 702.]
Idaho Code § 49-2420 — Idaho Code / Title 49 / Chapter 24 / Section 49-2420
49-2420 GRANT OF PRIVILEGE OF USING HIGHWAYS.
Status: in_force

49-2420. Grant of privilege of using highways. Subject to compliance with the motor vehicle laws of Idaho, nonresident owners, operators of, and persons riding in motor vehicles hereby are granted the privilege of using the highways of Idaho.

History:

[49-2420, added 1988, ch. 265, sec. 482, p. 826.]
Idaho Code § 49-113 — Idaho Code / Title 49 / Chapter 1 / Section 49-113
49-113 DEFINITIONS — L.
Status: in_force

49-113. Definitions — L. (1) "Laned highway" means a highway which is divided into two (2) or more clearly marked lanes for vehicular traffic.

(2) "Lane of travel." (See "Traffic lane", section 49-121, Idaho Code)

(3) "Legal owner" means any person notated as "lienholder" of a vehicle, the notation appearing on the title records of the department and on the respective certificate of title.

(4) "License" or "license to operate a motor vehicle" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:

(a) Any temporary license or instruction permit;

(b) Any nonresident's operating privilege;

(c) Any special permit issued by the department.

(5) "Licensing authority" as used in chapter 20 of this title with reference to Idaho, means the department.

(6) "Lien" or "encumbrance" means every security interest in any vehicle other than security interests in vehicles held in inventory for sale.

(7) "Lienholder" means a person holding a security interest in a vehicle.

(8) "Light weight" or "unladen weight" means the scale weight of a vehicle equipped for operation, but without any cargo on it.

(9) "Limit line" or "stop line" means a solid white line extending across a highway indicating the point behind which vehicles are required to stop, which must conform to the manual and specifications adopted by the board pursuant to section 49-201, Idaho Code.

(10) "Local authorities" means every county, highway district, municipal and other local board or body having authority to enact regulations, resolution and/or ordinances relating to traffic on the highways, public rights-of-way and streets under their jurisdiction under the constitution and laws of this state.

History:

[49-113, added 1988, ch. 265, sec. 2, p. 560; am. 1989, ch. 88, sec. 7, p. 162; am. 1990, ch. 45, sec. 6, p, 80; am. 1992, ch. 115, sec. 2, p. 349; am. 1994, ch. 321, sec. 1, p. 1025; am. 1998, ch. 393, sec. 2, p. 1235.]
Idaho Code § 49-1311 — Idaho Code / Title 49 / Chapter 13 / Section 49-1311
49-1311 ACCIDENT REPORTS.
Status: in_force

49-1311. Accident reports. All accident reports made by garages shall be without prejudice to the individual reporting and shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and shall be used for accident prevention purposes.

History:

[49-1311, added 1988, ch. 265, sec. 332, p. 742; am. 1990, ch. 213, sec. 70, p. 537; am. 2015, ch. 141, sec. 129, p. 476.]
Idaho Code § 49-706 — Idaho Code / Title 49 / Chapter 7 / Section 49-706
49-706 PEDESTRIAN WITH A DISABILITY HAS RIGHT-OF-WAY.
Status: in_force

49-706. pedestrian with a disability has right-of-way. The driver of a vehicle shall yield the right-of-way to any individual with a disability carrying a clearly visible white cane or accompanied by a service dog.

History:

[49-706, added 1988, ch. 265, sec. 197, p. 676; am. 2019, ch. 213, sec. 7, p. 647.]
Idaho Code § 49-512A — Idaho Code / Title 49 / Chapter 5 / Section 49-512A
49-512A EFFECT OF A TERMINAL RENTAL ADJUSTMENT CLAUSE.
Status: in_force

49-512A. Effect of a terminal rental adjustment clause. Notwithstanding any provision of law to the contrary, a transaction involving a motor vehicle or trailer does not create a sale or security interest merely because the transaction provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon the sale or other disposition of the motor vehicle or trailer.

History:

[49-512A, added 2004, ch. 247, sec. 1, p. 713.]
Idaho Code § 49-301 — Idaho Code / Title 49 / Chapter 3 / Section 49-301
49-301 DRIVERS TO BE LICENSED.
Status: in_force

49-301. Drivers to be licensed. (1) No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver's license. Provided however, that those persons holding a restricted school attendance driving permit may drive upon a highway pursuant to the restrictions set forth in section 49-307A, Idaho Code.

(2) No person shall operate a motorcycle upon a highway unless he has a motorcycle endorsement on his valid driver's license. The provisions of this subsection shall not apply to persons operating autocycles.

(3) No person shall operate a motor vehicle in violation of any valid restriction identified on, or attached to, his valid driver's license.

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

(5) No person shall be permitted to have more than one (1) driver's license issued for use within the United States at any time.

(6) No person shall operate a commercial motor vehicle as defined in section 49-123, Idaho Code, upon a highway:

(a) Without obtaining a commercial driver's license.

(b) Without having the appropriate class A, B or C commercial driver's license in the operator's possession.

(c) Without the proper license class of commercial driver's license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.

(d) Unless the operator has a seasonal or class A, B or C driver's license with required endorsements in his possession.

(e) Without having a current and valid medical examiner's certificate on file with the department while operating in a "non-excepted" status as required by the federal motor carrier safety administration. Medical examiner's certificates submitted for filing must be legible and shall be submitted in a manner acceptable to the department. If the federal motor carrier safety administration has issued a medical exemption letter or skill performance evaluation certificate, the driver must have the current and valid documentation in physical possession and available upon request to a duly authorized federal, state or local enforcement official.

(7) Any holder of a class A, B or C commercial driver's license issued by a jurisdiction other than Idaho shall apply for an Idaho-issued commercial driver's license within thirty (30) days of establishing a domicile in Idaho. In accordance with the federal motor carrier safety regulations, no person shall receive a class A, B or C driver's license unless and until he surrenders to the department all driver's licenses in his possession issued to him by Idaho or any other jurisdiction.

(8) A person operating a vehicle that requires a class A, B or C license without a current and valid license required to drive such vehicle is guilty of a misdemeanor. Except as provided in sections 18-8001(1) and 49-304, Idaho Code, operating a vehicle without a current and valid class D driver's license in violation of this section is an infraction punishable by a fine of one hundred fifty dollars ($150). A second conviction for operating a vehicle without a current and valid class D driver's license within a period of five (5) years of the first conviction is an infraction punishable by a fine of three hundred dollars ($300). A third and any subsequent conviction for operating a vehicle without a current and valid class D driver's license within a period of five (5) years of the first conviction shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both.

History:

[49-301, added 1988, ch. 265, sec. 35, p. 589; am. 1989, ch. 88, sec. 14, p. 171; am. 1990, ch. 45, sec. 14, p. 91; am. 1993, ch. 300, sec. 2, p. 1109; am. 1994, ch. 234, sec. 3, p. 733; am. 1996, ch. 371, sec. 5, p. 1253; am. 1998, ch. 100, sec. 1, p. 349; am. 1999, ch. 81, sec. 7, p. 247; am. 2000, ch. 327, sec. 2, p. 1102; am. 2002, ch. 235, sec. 1, p. 696; am. 2002, ch. 355, sec. 1, p. 1011; am. 2004, ch. 126, sec. 3, p. 430; am. 2006, ch. 164, sec. 4, p. 492; am. 2011, ch. 60, sec. 2, p. 127; am. 2015, ch. 230, sec. 2, p. 724; am. 2018, ch. 298, sec. 2, p. 706.]
Idaho Code § 49-429 — Idaho Code / Title 49 / Chapter 4 / Section 49-429
49-429 DISPLAY OF COPY OF APPLICATION PENDING RECEIPT OF LICENSE PLATE.
Status: in_force

49-429. Display of copy of application pending receipt of license plate. When an owner chooses to display special license plates, upon payment of required fees the department or the assessor shall issue to the applicant a copy of the application. The copy must be displayed in a suitable place on the rear window of a motor vehicle, or if a motorcycle, displayed on the motorcycle. The copy shall constitute compliance with the provisions of this chapter until such time as the license plates are received from the department. The copy of the application shall not have any value as compliance with the provisions of this chapter from and after the receipt of the license plates from the department.

History:

[49-429, added 1988, ch. 265, sec. 91, p. 621; am. 1998, ch. 392, sec. 10, p. 1211.]
Idaho Code § 49-443 — Idaho Code / Title 49 / Chapter 4 / Section 49-443
49-443 LICENSE PLATES TO BE FURNISHED BY DEPARTMENT — FORM AND CONTENTS.
Status: in_force

49-443. License plates to be furnished by department — Form and contents. (1) The assessor or the department shall furnish to every owner whose vehicle is registered or licensed by that office, pursuant to sections 49-402 and 49-402A, Idaho Code, one (1) license plate for vehicles registered under the provisions of section 49-406, 49-406A or 49-408, Idaho Code, or a motorcycle, trailer, truck-tractor, or semitrailer; one (1) restricted vehicle license plate for all-terrain vehicles, utility type vehicles and motorbikes licensed pursuant to this chapter; and two (2) license plates for every other motor vehicle. If a vehicle is issued one (1) plate only, that plate shall be displayed in accordance with the provisions of section 49-428, Idaho Code. For vehicles registered under the provisions of section 49-407, Idaho Code, the applicant shall provide one (1) plate to be displayed on the rear of the vehicle.

(a) Commencing January 1, 1992, the color and design of the plates shall be comparable to the color and design of the statehood centennial issue of license plates with blue numerals and letters on a multicolored red, white and blue background. Each license plate must bear on its face the inscriptions "Famous Potatoes" and "Scenic Idaho." The restricted vehicle license plate for all-terrain vehicles, utility type vehicles and motorbikes shall be a white background with black numerals and letters, with "Idaho Restricted Vehicle" and no other inscription. The restricted vehicle license plate shall be the same size required for the motorcycle license plate.

(b) Every license plate shall have displayed on it the registration number assigned to the vehicle and its owner and the name "Idaho," which may be abbreviated. The plates issued under the provisions of section 49-402(1), Idaho Code, and the required letters and numerals, including an identification of the county in which the motor vehicle to which the plates will be affixed is registered, shall be of sufficient size to be plainly readable from a distance of seventy-five (75) feet during daylight, and each license plate shall be treated with a fully reflectorized material according to specifications prescribed by the board.

(2) License plates shall be valid for as long as they are readable and legible and comply with section 49-428, Idaho Code. For specialty license plate programs discontinued pursuant to the provisions of section 49-402C, Idaho Code, a registrant with a specialty license plate currently registered under the program may use such license plate as long as the license plate is readable and legible. This provision is intended to permit the use of the specialty plate by the registrant regardless of the number of persons who purchase the specialty plate. The registrant shall be required to pay the special plate program fees provided for specialty plates pursuant to this chapter. Such fees shall be deposited into the state highway account. For purposes of section 49-434, Idaho Code, as it applies to commercial vehicles, and section 49-435, Idaho Code, the department shall provide new plates bearing the same number or, upon request from the registered owner, the next available number.

(3) If registration is not renewed within sixty (60) days of its expiration, the related plate number shall be available for use by another registrant. To obtain a specific number in the recycled license plate number file, the owner of a registered vehicle may contact the county regarding availability. The provisions of this subsection shall apply only to vehicles registered under the provisions of section 49-402(1), Idaho Code, and section 49-434(1), Idaho Code, as it applies to noncommercial vehicles.

(4) License plates for utility trailers registered under the provisions of section 49-402A, Idaho Code, that are issued for five (5) or ten (10) years and license plates for rental utility trailers registered under the provisions of section 49-434, Idaho Code, that are issued for up to five (5) years shall use the design in effect on the date of manufacture. If a design change occurs, plates from the effective date of the design change shall be manufactured using the new design. Unexpired plates need not be reissued to conform to a design change.

(5) For license plates that are lost, stolen, mutilated, or illegible, the owner shall apply for a duplicate or substitute. License plates issued for state, county and city motor vehicles shall remain on the vehicle for which issued from year to year and need no renewal.

(6) Whenever a vehicle is completely destroyed by fire or accident and the operator submits satisfactory proof of that destruction to the department or appropriate assessor's office, or the owner wishes to transfer the remaining registration, use increment and fees shall be transferred to the replacement vehicle for a service transfer fee of five dollars ($5.00), which fee shall be retained by the registering authority. None of the original fees shall be subject to refund.

(7) The department shall furnish a printed or an electronic copy of the registration card to every owner whose vehicle is registered under sections 49-434 and 49-435, Idaho Code.

(8) The board shall have authority to require the return to the department of all license plates and registration cards upon termination of the lawful use of them by the owner.

(9) The board may promulgate such rules as are necessary to implement the provisions of this section.

History:

[49-443, added 1992, ch. 186, sec. 3, p. 579; am. 1996, ch. 396, sec. 2, p. 1327; am. 1997, ch. 129, sec. 10, p. 391; am. 1998, ch. 392, sec. 15, p. 1221; am. 2001, ch. 73, sec. 12, p. 165; am. 2007, ch. 23, sec. 2, p. 45; am. 2008, ch. 409, sec. 6, p. 1132; am. 2013, ch. 96, sec. 1, p. 233; am. 2014, ch. 38, sec. 8, p. 76; am. 2016, ch. 121, sec. 1, p. 353; am. 2020, ch. 86, sec. 1, p. 230; am. 2020, ch. 125, sec. 7, p. 392; am. 2021, ch. 321, sec. 36, p. 979; am. 2026, ch. 9, sec. 9, p. 76; am. 2026, ch. 29, sec. 1, p. 125.]
Idaho Code § 49-1424 — Idaho Code / Title 49 / Chapter 14 / Section 49-1424
49-1424 RACING ON PUBLIC HIGHWAYS.
Status: in_force

49-1424. Racing on public highways. (1) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test or exhibition.

(2) The provisions of this section shall not prohibit the use of the highways for organized motoring activities where speed or acceleration is not the objective of the contest but rather the prime objective is the precise measurement of time and distance within the posted legal speed limits.

(3) The provisions of this section shall not prohibit organized motoring activities upon the highways where speed is a primary objective of the contest when prior written permission is obtained from the authority having jurisdiction over the area to be used, and prior notification is given to law enforcement agencies in the area to be used.

History:

[49-1424, added 1988, ch. 265, sec. 360, p. 753.]
Idaho Code § 49-922 — Idaho Code / Title 49 / Chapter 9 / Section 49-922
49-922 MULTIPLE-BEAM ROAD-LIGHTING EQUIPMENT.
Status: in_force

49-922. Multiple-beam road-lighting equipment. Except as otherwise provided in this chapter, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or their combinations on motor vehicles other than a motorcycle or motor-driven cycle shall be so arranged that selection may be made between distributions of light projected to different elevations, and the lamps may be so arranged that the selection can be made automatically, subject to the following requirements and limitations:

(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of an intensity to reveal persons and vehicles at a distance of at least three hundred fifty (350) feet ahead for all conditions of loading.

(2) There shall be a lowermost distribution of light, or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead. On a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

(3) Every motor vehicle manufactured after December 31, 1954, other than a motorcycle or motor-driven cycle, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.

History:

[49-922, added 1988, ch. 265, sec. 248, p. 700.]
Idaho Code § 49-1702 — Idaho Code / Title 49 / Chapter 17 / Section 49-1702
49-1702 FORM FOR NOTICE OF LIEN.
Status: in_force

49-1702. Form for notice of lien. To claim the benefits of the provisions of this chapter a lien claimant shall, prior to making any repairs, provide notice to the registered and legal owner of a motor vehicle of intended repairs, service, or storage at the request of a person in possession of the vehicle. The notice shall be substantially in the following form:

To: …….. (Name of registered and legal owner and addresses)

Notice is hereby given, in accordance with the provisions of …….., Idaho Code, that the undersigned, …….. of …., (address) has been requested by …., of …., …….. (address) …., …. (the registered owner, or agent thereof) …., to …….. (repair or as the case may be) the following described motor vehicle of which you are designated the registered or legal owner on the title: …….. (specify year, make and model) …., ……. (vehicle identification no.) …., …….. (license no.) ….. If appropriate, add: The repairs requested are as follows: ………

The undersigned intends to begin such …….. (repairs or as the case may be) on approximately …….., …..

The approximate charges for the services requested will be $…….., and the undersigned will claim a lien on the vehicle for the actual amount of such charges.

In accordance with the provisions of sections …….. and …….., Idaho Code, the undersigned requests that you consent to the performance of ……… (such repairs or as the case may be) by signing and returning the enclosed copy of this notice.

Dated …….., …..

Consent

I hereby consent to the performance of the above described …….. (repairs or as the case may be.)

Dated …….., …..

History:

[49-1702, added 1988, ch. 265, sec. 409, p. 789; am. 1998, ch. 392, sec. 23, p. 1228; am. 2002, ch. 32, sec. 21, p. 58.]
Idaho Code § 49-3715 — Idaho Code / Title 49 / Chapter 37 / Section 49-3715
49-3715 CONTROLLING AUTHORITY.
Status: in_force

49-3715. controlling authority. Notwithstanding any other provision of law, except as provided in section 49-3708, Idaho Code, TNCs and TNC drivers are governed exclusively by this chapter. No municipality or other local entity may impose a tax on, or require a license for, a TNC, a TNC driver, or a vehicle used by a TNC driver where such tax or licenses relates to providing TNC services, or subject a TNC to the municipality or other local entity's rate, entry, operational or other requirements.

History:

[49-3715, added 2015, ch. 267, sec. 1, p. 1078.]
Idaho Code § 49-1410 — Idaho Code / Title 49 / Chapter 14 / Section 49-1410
49-1410 AUTHORITY OF OFFICER TO ISSUE CITATION AT SCENE OF ACCIDENT.
Status: in_force

49-1410. Authority of officer to issue citation at scene of accident. A peace officer at the scene of a traffic accident may issue a written traffic citation, as provided in section 19-3901, Idaho Code, to any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person had committed any offense under the provisions of this title in connection with the accident.

History:

[49-1410, added 1988, ch. 265, sec. 346, p. 747.]
Idaho Code § 49-1608 — Idaho Code / Title 49 / Chapter 16 / Section 49-1608
49-1608 LICENSE BOND.
Status: in_force

49-1608. License bond. (1) Before any dealer's license shall be issued by the department to any applicant, the applicant shall procure and file with the department good and sufficient bond in the amount shown, conditioned that the applicant shall not practice any fraud, make any fraudulent representation or violate any of the provisions of this chapter, rules of the department, or the provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, Idaho Code, or federal motor vehicle safety standards, or odometer fraud in the conduct of the business for which he is licensed.

(a) A dealer exclusively in the business of motorcycle, motor-driven cycle and motorbike sales, all-terrain vehicles, utility type vehicles, truck campers and snow machine sales, ten thousand dollars ($10,000).

(b) Any wholesale dealer in the business of wholesaling used vehicles of all types, forty thousand dollars ($40,000). Such wholesale dealer licensees shall be exempt from participating in the Idaho consumer asset recovery fund as provided in sections 49-1608B through 49-1608F, Idaho Code.

(c) All other dealers, twenty thousand dollars ($20,000).

(2) The bond required in this section may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of the amounts set forth in this section. The bond shall be in the following form:

(a) A corporate surety bond, by a surety licensed to do business in this state; or

(b) A certificate of deposit, in a form prescribed by the director; or

(c) A cash deposit with the director.

(3) If a bond is canceled or otherwise becomes invalid, upon receiving notice of the cancellation or invalidity, the department shall immediately suspend the dealer's license and take possession of the license itself, all vehicle plates used in the business and all unused title applications of the licensee. The licensee is entitled to a hearing which shall be held within twenty (20) days of the suspension. Upon receiving notice that a valid bond is in force, the department shall immediately reinstate the license.

(4) The bond requirements of this section shall be satisfied if the applicant is a duly licensed manufactured home dealer in accordance with chapter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho Code, otherwise meets the requirements of this section. The amount of the bond shall be in the amount as required in this section or that required in section 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a certified copy of the bond as required in section 44-2103, Idaho Code, to the department.

History:

[(49-1608) 49-2409, added 1978, ch. 243, sec. 5, p. 530; am. 1979, ch. 187, sec. 2, p. 548; am. 1982, ch. 95, sec. 112, p. 257; am. 1985, ch. 117, sec. 11, p. 260; am. 1987, ch. 109, sec. 1, p. 221; am. 1988, ch. 140, sec. 1, p. 253; am. and redesig. 1988, ch. 265, sec. 381, p. 766; am. 1989, ch. 310, sec. 28, p. 800; am. 1990, ch. 152, sec. 1, p. 337; am. 1991, ch. 272, sec. 10, p. 699; am. 2006, ch. 42, sec. 7, p. 129; am. 2008, ch. 106, sec. 5, p. 301; am. 2008, ch. 198, sec. 8, p. 643; am. 2015, ch. 53, sec. 1, p. 125.]
Idaho Code § 49-604 — Idaho Code / Title 49 / Chapter 6 / Section 49-604
49-604 LIMITATIONS ON BACKING.
Status: in_force

49-604. Limitations on backing. (1) The driver of a vehicle shall not back the vehicle unless that movement can be made with safety and without interfering with other traffic.

(2) The driver of a vehicle shall not back it upon any shoulder or lane of travel of any controlled-access highway.

History:

[49-604, added 1988, ch. 265, sec. 143, p. 656.]
Idaho Code § 49-1625 — Idaho Code / Title 49 / Chapter 16 / Section 49-1625
49-1625 REPAIRED DAMAGE NOT GROUNDS FOR REJECTION.
Status: in_force

49-1625. Repaired damage not grounds for rejection. Repaired damage to a customer-ordered new vehicle, not exceeding the six percent (6%) requirement, shall not constitute grounds for rejection of the customer order. The customer's right of rejection ceases upon his acceptance of delivery of the vehicle, provided disclosure as required in section 49-1624, Idaho Code, is made prior to delivery.

History:

[49-1625, added 1988, ch. 265, sec. 398, p. 783.]
Idaho Code § 49-1603 — Idaho Code / Title 49 / Chapter 16 / Section 49-1603
49-1603 DEALER ADVISORY BOARD — DUTIES.
Status: in_force

49-1603. Dealer advisory board — duties. (1) There shall be a dealer advisory board to consist of eleven (11) members to assist and advise the department in the administration of the provisions of this chapter. Five (5) members shall be appointed from licensed dealers selling new vehicles, four (4) members appointed from licensed dealers selling used vehicles, one (1) member shall be appointed from licensed dealers selling new recreational vehicles and one (1) member shall be appointed to represent new and used motorcycle and ATV dealers. The governor shall appoint the board with consideration to recommendations of the board of directors of the Idaho automobile dealers association, recommendations of the board of directors of the recreational vehicle dealers association of Idaho and recommendations of the independent dealer association representing used vehicle dealers. The term of office of each member shall be three (3) years. Vacancies occurring on the board other than by expiration of the term shall be filled for the unexpired term only, and each member of the board shall serve until his successor is appointed and qualified. Members of the advisory board shall be compensated as provided by section 59-509(b), Idaho Code, and payments of compensation shall be paid from the state highway account as part of the expenses of administering the provisions of this chapter. A majority of the members of the advisory board shall constitute a quorum, the presence of which at any meeting duly called by the department shall have full and complete power to act upon and resolve in the name of the advisory board any matter, thing or question referred to it by the department, or which by reason of any provisions of this chapter, it has power to determine.

(2) The advisory board on the first day of each July, or as soon thereafter as practicable, shall elect a chairman, vice-chairman and secretary from among its members, who shall hold office until their successors are elected. As soon as the board has elected its officers, the secretary shall certify the results of the election to the department. The chairman shall preside at all meetings of the advisory board and the secretary shall make a record of their proceedings. All members of the advisory board shall be entitled to vote on any question, matter, or thing which properly comes before it.

History:

[49-1603, added 1988, ch. 265, sec. 381, p. 766; am. 1989, ch. 310, sec. 27, p. 799; am. 1991, ch. 272, sec. 7, p. 697; am. 1996, ch. 135, sec. 1, p. 460; am. 2010, ch. 221, sec. 1, p. 494; am. 2013, ch. 136, sec. 1, p. 317.]
Idaho Code § 49-1811 — Idaho Code / Title 49 / Chapter 18 / Section 49-1811
49-1811 CLAIMING OF VEHICLE — REFUSAL TO RELEASE VEHICLE.
Status: in_force

49-1811. CLAIMING OF VEHICLE — REFUSAL TO RELEASE VEHICLE. (1) The owner or lienholder of any vehicle removed or booted under the provisions of this chapter, except those vehicles impounded for investigation or suspected stolen, may take possession of the vehicle at any time prior to disposition by proving ownership and paying the costs relative to towing and storing or booting the vehicle.

(2) Unauthorized removal of any vehicle towed or booted under the provisions of this chapter without payment in full of all charges and costs that have been incurred under the provisions of this chapter shall be a misdemeanor, and the vehicle may be recovered and returned to the place of storage.

(3) Nothing in this chapter shall be construed to abate any cause of action that a lienholder has against the owner of an abandoned vehicle.

(4) Any insurer having a claim made against it pertaining to any vehicle removed or booted under the provisions of this chapter, except those vehicles impounded for investigation or suspected stolen, may take possession of the vehicle at any time prior to the settlement of such claim following determination by such insurer that the vehicle has been determined by such insurer to be a total loss, obtaining verbal consent of the owner and by paying the lawfully entitled costs relative to towing and storing the vehicle. The insurer holding facility shall allow the vehicle owner or his representative access to the vehicle upon the vehicle owner or his representative providing evidence of ownership. Personal property, including items not attached or related to the vehicle, must be returned to the vehicle owner pursuant to section 49-1814(4), Idaho Code. If no total loss settlement is reached, the insurer shall return the vehicle to a mutually agreed upon location. Any holding facility that releases a vehicle pursuant to the provisions of this subsection shall be held harmless for the release of such vehicle. The insurer shall provide the location and telephone number of the insurer holding facility to the vehicle owner or his representative.

(5) Any towing company that tows a vehicle pursuant to this chapter shall take the vehicle to such place as the owner or his authorized agent with a power of attorney may reasonably request. If such a request is not received, the towing company shall take the vehicle to its nearest place of safe storage. The towing company shall not be entitled to recover any storage fees, impound fees, unauthorized repair fees, or other fees, except the scheduled tow fee, if the towing company:

(a) Removes the vehicle to a place other than as directed by the officer or as reasonably requested by the owner or his authorized agent with a power of attorney;

(b) After removing the vehicle, refuses to release the vehicle to the owner, his authorized agent, insurance representative, or lienholder for any reason other than the refusal of the owner, authorized agent, insurance representative, or lienholder to pay the fees to which the towing company is lawfully entitled. The refusal of the owner, his authorized agent, insurance representative, or lienholder to pay fees to which the towing company is not entitled pursuant to this subsection shall not be cause for the tow company to refuse to release the vehicle; or

(c) Performs repairs or makes improvements, for any reason, without a signed work order or recorded verbal consent from the owner, his authorized agent, insurance representative, or lienholder.

(6) Upon release of the vehicle to the legal or registered owner, authorized agent, or insurance representative, the towing company shall provide an itemized statement containing the following:

(a) The location from which the vehicle was towed;

(b) The storage location of the vehicle;

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

(d) The year, make, and model of the vehicle towed;

(e) The license plate number of the vehicle towed;

(f) The itemized cost of towing and recovery charges; and

(g) The daily storage charge and number of days stored.

History:

[49-1811, added 2025, ch. 218, sec. 2, p. 1031.]
Idaho Code § 49-1704 — Idaho Code / Title 49 / Chapter 17 / Section 49-1704
49-1704 REVIVAL OF LOST LIENS.
Status: in_force

49-1704. Revival of lost liens. Whenever the lien upon any vehicle is lost by reason of the loss of possession through trick, fraud, or device, the repossession of the vehicle by the lien holder revives the lien, but any lien so revived is subordinate to any right, title or interest of any person under any sale, transfer, encumbrance, lien or other interest acquired or secured in good faith and for value between the time of the loss of possession and the time of repossession.

History:

[49-1704, added 1988, ch. 265, sec. 411, p. 790.]