Idaho Code § 49-1608F — Idaho Code / Title 49 / Chapter 16 / Section 49-1608F
49-1608F PAYMENT OF CLAIMS — MAXIMUM.
Status: in_force

49-1608F. payment of claims — maximum. (1) The maximum claim of one (1) judgment creditor against the fund, based on an unpaid certified judgment arising out of any loss or damage by reason of a claim submitted pursuant to section 49-1608E, Idaho Code, involving a single transaction, shall be limited to fifty thousand dollars ($50,000), regardless of the amount of the unpaid certified final judgment of one (1) judgment creditor.

(2) The aggregate of claims against the fund based on unpaid final judgments arising out of any loss or damage by reason of a claim submitted pursuant to section 49-1608E, Idaho Code, involving more than one (1) transaction shall be limited to one hundred twenty thousand dollars ($120,000) per licensee, regardless of the total amounts of the unpaid certified judgments of judgment creditors.

(3) If a claim has been made against the fund, and the board has reason to believe that there may be additional claims against the fund from other transactions involving the same licensee, the board may withhold any payment from the fund involving the licensee for a period not to exceed the end of the relevant license period. After this period, if the aggregate of claims against the licensee exceeds one hundred twenty thousand dollars ($120,000), a total of one hundred twenty thousand dollars ($120,000) shall be prorated among the claimants and paid from the fund in proportion to the amounts of their unpaid certified judgments against the licensee.

(4) (a) Claims against motor vehicle dealers or their salespersons participating in the Idaho consumer asset recovery fund pursuant to section 49-1608E, Idaho Code, shall be prorated when the aggregate exceeds one hundred twenty thousand dollars ($120,000) against one (1) dealer.

(b) Claims shall be prorated only after the dealer's twenty thousand dollar ($20,000) bond has been exhausted and utilized first. Such additional claims shall be prorated when the aggregate exceeds one hundred thousand dollars ($100,000) against one (1) dealer.

(5) Upon receipt of a certified judgment filed in support of a claim against the fund, the board shall send written notice to the licensee who is the subject of the unpaid judgment that a claim has been filed and that the licensee should satisfy the unpaid judgment. If the unpaid judgment is not fully satisfied within thirty (30) days following the date of the written notice by the board, the board shall make payment from the fund subject to the other limitations provided for in this act.

(6) If at any time the fund is insufficient to fully satisfy any claims or claim filed with the board and authorized by this act, the board shall pay such claim, claims or portion thereof to the claimants in the order that the claims were filed with the board.

(7) On payment by the board to a claimant from the fund, the board shall, within five (5) business days, notify the licensee in writing of the board's payment to the claimant and request full reimbursement be made to the board within thirty (30) days of the notification. Failure to reimburse the fund in full within the specified period shall be grounds for suspension or revocation of the license pursuant to title 49, chapter 16, Idaho Code. Any person whose license is revoked shall not be eligible to apply for a license as a motor vehicle dealer or for a license as a salesperson until the person has repaid in full the amount paid from the fund on his account, plus interest to be calculated pursuant to the provisions of section 28-22-104, Idaho Code.

(8) Nothing contained in this article shall limit the authority of the department to take disciplinary action against any licensee for any violation of this chapter or any rule promulgated thereunder, nor shall full repayment of the amount paid from the fund on a licensee's account nullify or modify the effect of any disciplinary action against that licensee for any violation.

(9) The department is authorized to promulgate reasonable rules not inconsistent with this chapter for the purpose of carrying out the provisions of this section.

History:

[49-1608F, added 2013, ch. 136, sec. 6, p. 320.]
Idaho Code § 49-1006 — Idaho Code / Title 49 / Chapter 10 / Section 49-1006
49-1006 RESPONSIBILITY FOR DAMAGE TO HIGHWAY OR BRIDGE.
Status: in_force

49-1006. Responsibility for damage to highway or bridge. The owner and the operator, driver or mover of any vehicle, object or contrivance over a highway or bridge, shall be jointly and severally responsible for all damages which the highway or bridge may sustain as the result of illegally operating or driving or moving any vehicle, object or contrivance, or as the result of driving or moving any vehicle, object or contrivance weighing in excess of the maximum weight specified in this chapter, but authorized by a temporary permit. The amount of the damages may be recovered in an action at law by the authorities in control of the highway or bridge[;]. It shall be unlawful for more than one (1) vehicle, motor vehicle, trailer and/or semitrailer, or combination of vehicles with gross weights in excess of those specified in section 49-1001(1) and (2), Idaho Code, to pass at the same time on any bridge with a span of nineteen (19) feet or more posted by the board for single lane traffic by those trucks.

History:

[49-1006, added 1988, ch. 265, sec. 277, p. 720.]
Idaho Code § 49-612 — Idaho Code / Title 49 / Chapter 6 / Section 49-612
49-612 OBSTRUCTION TO DRIVER'S VIEW OR DRIVING MECHANISM.
Status: in_force

49-612. Obstruction to driver's view or driving mechanism. (1) No person shall drive a vehicle when it is so loaded or when there are in the front seat a number of persons exceeding three (3), as to obstruct the view of the driver to the front or the sides of the vehicle, or as to interfere with the driver's control over the driving mechanism of the vehicle.

(2) No passenger in a vehicle shall ride in a position as to interfere with the driver's view ahead or to the sides, or to interfere with his control of the driving mechanism of the vehicle.

(3) No vehicle shall be operated when the windshield and/or windows of the vehicle are coated with ice, snow, sleet, or dust to the extent that the driver's view ahead, or to the sides or rear of the vehicle are obstructed.

History:

[49-612, added 1988, ch. 265, sec. 149, p. 657.]
Idaho Code § 49-649 — Idaho Code / Title 49 / Chapter 6 / Section 49-649
49-649 COMPLIANCE WITH STOPPING REQUIREMENT AT ALL RAILROAD GRADE CROSSINGS.
Status: in_force

49-649. Compliance with stopping requirement at all railroad grade crossings. (1) The driver of any vehicle stopped at a railroad grade crossing shall listen and look in both directions along the track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment and shall not proceed until he can do so safely. Upon proceeding when it is safe to do so the driver shall cross only in a gear of the vehicle in order that there will be no necessity for manually changing gears while traversing the crossing, and the driver shall not manually shift gears while crossing the tracks.

(2) This section shall not apply at:

(a) Any railroad grade crossing at which traffic is controlled by a peace officer or flagman;

(b) Any railroad grade crossing at which traffic is regulated by a traffic control signal;

(c) Any railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train or other on-track equipment; or

(d) Any railroad grade crossing at which a traffic control device gives notice that the stopping requirement imposed by this section does not apply.

History:

[49-649, added 1988, ch. 265, sec. 176, p. 667; am. 2021, ch. 168, sec. 3, p. 472.]
Idaho Code § 49-705 — Idaho Code / Title 49 / Chapter 7 / Section 49-705
49-705 PEDESTRIANS YIELD TO AUTHORIZED EMERGENCY VEHICLES.
Status: in_force

49-705. Pedestrians yield to authorized emergency vehicles. (1) Upon the immediate approach of an authorized emergency vehicle making use of an audible or visual signal meeting the requirements of section 49-623, Idaho Code, or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency or police vehicle.

(2) This section shall not relieve the driver of an authorized emergency or police vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian.

History:

[49-705, added 1988, ch. 265, sec. 196, p. 676.]
Idaho Code § 49-2405 — Idaho Code / Title 49 / Chapter 24 / Section 49-2405
49-2405 PRACTICES OF FINANCE COMPANY LESSENING OR ELIMINATING COMPETITION PROHIBITED.
Status: in_force

49-2405. Practices of finance company lessening or eliminating competition prohibited. It shall be unlawful for any person who is engaged in the business of financing the purchase or sale of motor vehicles, or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state, to accept or receive, or contract or agree to accept or receive, either directly or indirectly, any payment, thing, or service of value from any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, if the effect of the acceptance or receipt of a payment, thing, or service of value may be to lessen or eliminate competition, or to create or tend to create a monopoly in the person who accepts or receives the payment, thing, or service of value, or contracts or agrees to accept or receive that thing or service of value.

History:

[49-2405, added 1988, ch. 265, sec. 471, p. 822.]
Idaho Code § 49-639 — Idaho Code / Title 49 / Chapter 6 / Section 49-639
49-639 TURNING OUT OF SLOW MOVING VEHICLES.
Status: in_force

49-639. Turning out of slow moving vehicles. On a two-lane highway outside an urban area where passing is unsafe due to oncoming traffic or other conditions, the driver of a vehicle, including but not limited to a vehicle traveling slower than the normal speed of traffic, a slow moving vehicle, a farm tractor, construction equipment, or an implement of husbandry, behind which three (3) or more vehicles are formed in line shall turn off the roadway at the nearest place designated as a turnout or at the next available location where it is safe and reasonable for the vehicle to be pulled over in order to permit the following vehicles to pass. Such driver shall not be deemed to violate this section if he has not, during the time when three (3) or more vehicles are formed in line behind his vehicle, passed a designated turnout or location where it would be safe and reasonable for the vehicle to be pulled over.

History:

[49-639, added 1988, ch. 265, sec. 168, p. 664; am. 2023, ch. 94, sec. 1, p. 288; am. 2026, ch. 120, sec. 2, p. 601.]
Idaho Code § 49-962 — Idaho Code / Title 49 / Chapter 9 / Section 49-962
49-962 FOOTRESTS ON MOTORCYCLES AND MOTOR DRIVEN CYCLES.
Status: in_force

49-962. Footrests on motorcycles and motor driven cycles. It shall be unlawful for the operator of any motorcycle or motor driven cycle to carry a passenger on the vehicle unless it is equipped with footrests designed exclusively for the use of a passenger on the vehicle.

History:

[49-962, added 1988, ch. 265, sec. 270, p. 714.]
Idaho Code § 49-210 — Idaho Code / Title 49 / Chapter 2 / Section 49-210
49-210 AUTHORITY TO RESTRICT PEDESTRIAN CROSSINGS.
Status: in_force

49-210. Authority to restrict pedestrian crossings. Local authorities by ordinance and the department by erecting appropriate traffic-control devices, are hereby empowered within their respective jurisdictions to prohibit pedestrians from crossing any highway except in a crosswalk.

History:

[49-210, added 1988, ch. 265, sec. 11, p. 580.]
Idaho Code § 49-418A — Idaho Code / Title 49 / Chapter 4 / Section 49-418A
49-418A IDAHO COLLEGE AND UNIVERSITY PLATES.
Status: in_force

49-418A. Idaho college and university plates. (1) Any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for special plates featuring one (1) of Idaho's colleges or universities. 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 college and university special license plates for other vehicles may be authorized by rule of the board.

(2) In addition to the regular operating fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account to be used by the department to fund highway, road and bridge construction projects and to fund the cost of administration of this special license plate program. The department shall transfer twenty-five dollars ($25.00) of the initial fee and fifteen dollars ($15.00) of the renewal fee for deposit to the institution designated on the license plate.

(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 after receipt of new registration from the department.

(4) All special college and university plates shall be of a color and design comparable to the standard issue of license plates with blue numerals on a red, white and blue background and shall indicate the participating institution.

(a) The standard red, white and blue graphic shall be used, except that the word "Idaho" and "Famous Potatoes" shall appear on every plate, the identification of county shall be omitted, and the inscription "Scenic Idaho" may be omitted.

(b) Each college or university that chooses to participate in this program shall provide that portion of the design which features the particular institution and such design shall be acceptable to the president of the institution. For public colleges and universities, approval of the state board of education and board of regents of the university of Idaho shall also be required.

Each version of the special college and university plate featuring the participating college or university shall be approved by the department, utilizing a numbering system as determined by the department. Initial costs of the plate program, including the cost of plate design, shall be paid by the participating college or university.

(5) The state board of education and board of regents of the university of Idaho shall adopt rules to account for receipt and distribution of revenues accruing to participating public colleges and universities from the special license plate program. Revenues from the special plate program shall be used to:

(a) Fund scholarships for Idaho residents attending that college or university.

(b) Match funds contributed in equal amounts from nonstate sources for academic programs, provided that such expenditures for public colleges and universities shall be subject to prior approval by the state board of education and board of regents of the university of Idaho.

(6) For the purposes of this section, nonpublic colleges and universities shall mean and are limited to: The College of Idaho located in Caldwell, Idaho; Northwest Nazarene University located in Nampa, Idaho; and Brigham Young University-Idaho located in Rexburg, Idaho.

(7) Sample college and university license plates may be purchased from the department for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be retained by the department for deposit to the state highway account and twenty dollars ($20.00) of which shall be transferred by the department to the college or university designated on the license plate. No additional fee shall be charged for personalizing sample plates.

History:

[49-418A, added 1997, ch. 277, sec. 1, p. 823; am. 1998, ch. 113, sec. 16, p. 429; am. 1999, ch. 315, sec. 4, p. 786; am. 2000, ch. 87, sec. 21, p. 205; am. 2005, ch. 61, sec. 1, p. 218; am. 2008, ch. 13, sec. 1, p. 17.]
Idaho Code § 49-1805 — Idaho Code / Title 49 / Chapter 18 / Section 49-1805
49-1805 REMOVAL OF ROADSIDE ABANDONED VEHICLES.
Status: in_force

49-1805. REMOVAL OF roadside ABANDONED VEHICLES. (1) Upon discovery of an abandoned vehicle other than under extraordinary circumstances, an authorized officer shall attach on the vehicle, in plain view, a notice that the vehicle will be towed away after forty-eight (48) hours. The notice shall contain:

(a) The name of the officer who prepared the notice;

(b) The name of the agency employing the officer;

(c) The time and date of attaching the notice;

(d) The time and date after which the vehicle will be removed; and

(e) The telephone number and address of the agency where further information can be obtained.

(2) A reasonable attempt shall be made to notify the owner of any vehicle that has current license plates and registration as shown on the records of the department prior to the expiration of the forty-eight (48) hour notice period. Such notice shall include the location of the vehicle and the time and date of intent to remove the vehicle. The inability of an officer to notify the owner shall not preclude the removal of the vehicle at the expiration of the forty-eight (48) hour period provided for in this section.

History:

[49-1805, added 2025, ch. 218, sec. 2, p. 1028.]
Idaho Code § 49-1813 — Idaho Code / Title 49 / Chapter 18 / Section 49-1813
49-1813 LOCAL GOVERNMENT TOW LISTS.
Status: in_force

49-1813. local government TOW LISTS. Any county or city, including any law enforcement agency of a county or city, that maintains an authorized tow list shall document and make publicly available the qualifications to be added to or removed from such tow list.

History:

[49-1813, added 2025, ch. 218, sec. 2, p. 1032.]
Idaho Code § 49-1408 — Idaho Code / Title 49 / Chapter 14 / Section 49-1408
49-1408 ARREST OF NONRESIDENT.
Status: in_force

49-1408. Arrest of nonresident. (1) All of the provisions of this title apply both to residents and nonresidents of Idaho, except the special provisions in this section which shall govern misdemeanor violations in respect to nonresidents under the circumstances stated.

(2) A peace officer at the scene of a traffic accident may arrest without a warrant any driver of a vehicle who is a nonresident of this state and who is involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this title in connection with the accident, and if the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.

(3) Whenever any person is arrested under the provisions of this section, he shall be taken without unnecessary delay before the proper magistrate as specified in section 49-1411, Idaho Code.

History:

[49-1408, added 1988, ch. 265, sec. 344, p. 747.]
Idaho Code § 49-3706 — Idaho Code / Title 49 / Chapter 37 / Section 49-3706
49-3706 FARE CHARGED FOR SERVICES.
Status: in_force

49-3706. FARE CHARGED For SERViCES. A TNC may charge a fare for the services provided to passengers; provided that, if a fare is charged, the TNC shall disclose to passengers the fare calculation method on its website or within the software application service. The TNC shall also provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the TNC driver's vehicle.

History:

[49-3706, added 2015, ch. 267, sec. 1, p. 1076.]
Idaho Code § 49-521 — Idaho Code / Title 49 / Chapter 5 / Section 49-521
49-521 DEALERS IN VEHICLES — RECORDS OF PURCHASES AND SALES — POSSESSION OF CERTIFICATES OF TITLE — FOREIGN VEHICLES.
Status: in_force

49-521. Dealers in vehicles — Records of purchases and sales — Possession of certificates of title — Foreign vehicles. (1) Every dealer in vehicles, trailers or semitrailers shall maintain a record in a form as prescribed by the department of every used vehicle, trailer or semitrailer bought, sold, or exchanged by the licensee or received or accepted by the licensee for sale or exchange. The record shall contain a description of the vehicle, including the name of the manufacturer, type, serial number, odometer reading and other distinguishing marks, and whether any numbers thereon have been defaced, destroyed, or changed and shall state with reference to each vehicle the name and address of the person from whom purchased or received, when sold or otherwise disposed of by the licensee, and the name and address of the person to whom sold or delivered.

(2) Every licensee shall have in his possession a separate certificate of title assigned to him or other documentary evidence of his right to the possession of and for every vehicle in his possession.

History:

[49-521, added 1988, ch. 265, sec. 136, p. 652; am. 1991, ch. 153, sec. 10, p. 367.]
Idaho Code § 49-401C — Idaho Code / Title 49 / Chapter 4 / Section 49-401C
49-401C ELECTRONIC VEHICLE CREDENTIAL PROVIDERS.
Status: in_force

49-401C. electronic vehicle credential providerS. (1) In order to continue improving the quality of its products and services, the department may establish contracts with electronic vehicle credential (EVC) providers that operate programs that provide vehicle registration services. An authorized EVC provider may act on behalf of the department and county assessors in receiving, processing, and transmitting to the department registration applications and related fees.

(2) The department shall establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for handling under this section.

(3) The department may establish the maximum amount that an EVC provider may charge its customers in providing the services authorized under subsection (1) of this section.

(4) The department shall adopt procedures that ensure adequate oversight and monitoring of an EVC provider to protect vehicle owners from improper use of vehicle records.

(5) The number of EVC providers that may be established in Idaho shall not exceed ten (10).

(6) The department is authorized to promulgate rules to administer the EVC provider program.

History:

[49-401C, added 2021, ch. 180, sec. 2, p. 497.]
Idaho Code § 49-1004 — Idaho Code / Title 49 / Chapter 10 / Section 49-1004
49-1004 PERMITS FOR OVERWEIGHT OR OVERSIZE LOADS — SPECIAL ROUTES AND ANNUAL PERMITS.
Status: in_force

49-1004. Permits for overweight or oversize loads — Special routes and annual permits. (1) Upon application in writing to the department or local authorities in charge of or having jurisdiction over a highway, the department or local authorities may in their discretion issue a special permit to the owner or operator of any vehicle allowing vehicles or loads having a greater weight or size than permitted by law to be moved or carried over and on the highways and bridges.

(a) Special permits shall be in either hard copy or digital format and may limit the time of use and operation over the particular highways and bridges which may be traversed and may contain any special conditions and require any undertaking or other security as the department or local authority shall deem to be necessary to protect the highways and bridges from injury, or provide indemnity for any injury to highways and bridges or to persons or property resulting from such operation.

(b) The owner or operator of an overweight or oversize vehicle shall obtain a permit or shall establish intent to obtain a permit by contacting a permit office and receiving a permit number before moving the vehicle on the highways.

(c) All special permits or evidence of intent to obtain a permit, whether in hard copy or digital format, shall be carried in the vehicles to which they refer and shall upon demand be delivered for inspection to any peace officer, authorized agent of the board or local authority, or any officer or employee charged with the care or protection of the highways.

(2) Nonreducible vehicles or combinations of vehicles hauling nonreducible loads at weights in excess of those set forth in section 49-1001, Idaho Code, shall pay fees as set forth in this subsection. Such fees are based on the number of axles on the vehicle or combination of vehicles and the total gross weight.

Column 1 Column 2 Gross weight of vehicle Gross weight of vehicle and load in and load in Number of axles pounds pounds 2 40,001 – 3 54,001 – 4 68,001 – 5 80,001 131,001 6 97,001 148,001 7 114,001 165,001

(a) To determine the maximum allowable permit fee for vehicles with more than seven (7) axles, the table can be extended by adding seventeen thousand (17,000) pounds to the last listed weight in both columns 1 and 2 for each added axle.

(b) Permit fees for column 1 shall start at four cents (4¢) per mile and increase four cents (4¢) per mile for each additional two thousand (2,000) pound increment up to the weight indicated in column 2. Permit fees for column 2 shall start at one dollar and two cents ($1.02) per mile and increase seven cents (7¢) per mile for each additional two thousand (2,000) pound increment.

(c) Vehicles operating at weights less than the starting weights per axle configuration listed in column 1 shall be charged four cents (4¢) per mile.

(d) For vehicles operating with axles wider than eight (8) feet six (6) inches or axles with more than four (4) tires per axle, the fee may be reduced by the board or other proper authority having jurisdiction over a highway.

(3) It shall be unlawful for any person to violate, or to cause or permit to be violated, the limitations or conditions of special permits, and any violation shall be deemed for all purposes to be a violation of the provisions of this chapter.

(4) An annual special route permit authorizing travel on designated routes shall be issued by the department or may, in its discretion, be issued by a local authority for operation of vehicles 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. Such routes on nonstate and noninterstate highways shall be determined by the local authority for those roads under its jurisdiction. No local public highway agency shall approve a route which provides a thoroughfare for interstate carriers to pass through the state. State routes designated by the department and local authorities shall be identified on a map entitled "Designated Routes up to 129K."

(5) An annual administrative permit fee for operating on designated routes at the weights specified in subsection (4) of this section shall be set by the department for travel on state routes. Effective July 1, 2019, until June 30, 2021, the annual administrative permit fee shall not exceed fifty-five dollars ($55.00) per vehicle and such fee shall be used to defray the costs of the department to issue permits, provided however that five dollars ($5.00) of each permit fee shall be submitted to the local authority technical analysis fund. Local authorities are authorized to issue special permits and such permits shall be in either hard copy or digital format. Administrative permit fees for permits issued by a local authority shall be retained by the local authority to cover administrative costs, and administrative permit fees for permits issued by the department shall be retained by the department to cover administrative costs. In addition to the annual administrative permit fee and the appropriate registration fee for weights up to one hundred five thousand five hundred (105,500) pounds, the appropriate vehicle registration fees for weights over one hundred five thousand five hundred (105,500) pounds shall be calculated and collected in accordance with the fee schedules set forth in section 49-432 or 49-434, Idaho Code.

(6) (a) In any action or proceeding brought for the purpose of setting aside a special permit issued pursuant to this section, in which any party seeks a stay or seeks a temporary restraining order or preliminary injunction against the department, local authority, the state of Idaho or any party requesting the permit, the court may require bond as provided in rule 65(c) of the Idaho rules of civil procedure, in an amount not to exceed ten percent (10%) of the shipper's or transporter's insured value of the product or material to be transported under the provisions of the permit. If any attorney's fees and/or costs are awarded to the department or other state actor, such bond may be used to satisfy that award and all awarded amounts shall be paid to the state highway account established in section 40-702, Idaho Code.

(b) Where there is a final judgment in an action or proceeding brought for the purpose of setting aside a special permit issued pursuant to this section against the party or parties who brought such action or proceeding, the court may determine the actual damages resulting from the action or proceeding caused to the department or other state actor and may award up to that amount to the party or parties.

History:

[49-1004, added 1988, ch. 265, sec. 275, p. 719; am. 1998, ch. 108, sec. 2, p. 372; am. 1998, ch. 158, sec. 3, p. 542; am. 2000, ch. 418, sec. 16, p. 1359; am. 2003, ch. 315, sec. 2, p. 861; am. 2005, ch. 63, sec. 1, p. 220; am. 2007, ch. 257, sec. 1, p. 763; am. 2007, ch. 258, sec. 1, p. 776; am. 2008, ch. 156, sec. 1, p. 447; am. 2011, ch. 277, sec. 1, p. 753; am. 2013, ch. 152, sec. 1, p. 352; am. 2018, ch. 26, sec. 1, p. 47; am. 2019, ch. 179, sec. 1, p. 575; am. 2019, ch. 180, sec. 1, p. 578.]
Idaho Code § 49-638 — Idaho Code / Title 49 / Chapter 6 / Section 49-638
49-638 FOLLOWING TOO CLOSELY.
Status: in_force

49-638. Following too closely. (1) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle, the traffic upon and the condition of the highway.

(2) The driver of any motor vehicle drawing another vehicle when traveling upon a highway outside of a business or residential district and which is following another motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This shall not prevent a motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles.

(3) Motor vehicles being driven upon any highway outside of a business or residential district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each vehicle or combination of vehicles in order to enable any other vehicle to enter and occupy the space without danger. This provision shall not apply to funeral processions.

History:

[49-638, added 1988, ch. 265, sec. 167, p. 664.]
Idaho Code § 49-645 — Idaho Code / Title 49 / Chapter 6 / Section 49-645
49-645 LIMITATIONS ON TURNING AROUND.
Status: in_force

49-645. Limitations on turning around. (1) The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.

(2) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred (500) feet, or where a no-passing zone has been established.

History:

[49-645, added 1988, ch. 265, sec. 174, p. 666.]
Idaho Code § 49-240 — Idaho Code / Title 49 / Chapter 2 / Section 49-240
49-240 CERTAIN CIRCUMSTANCES FOR FORFEITURE OF BOND FOR TRAFFIC OFFENSES.
Status: in_force

49-240. Certain circumstances for forfeiture of bond for traffic offenses. (1) Whenever a person has received a written uniform misdemeanor traffic citation, summons or complaint containing a notice to appear before a magistrate, and if the attorney prosecuting the case and the defendant concur that it is in the best interest of justice that the defendant may post and forfeit an amount of the bond agreed upon by the parties, the court shall dismiss the charge. When bond is forfeited under the provisions of this subsection, no violation points, as prescribed in section 49-326, Idaho Code, shall accrue. A forfeiture of bond under the provisions of this subsection shall not be recorded as a conviction, but the proceeds of the bond shall be distributed as court costs and fines as though there were a conviction.

(2) The provisions of subsection (1) of this section shall not be available when citations, summons or complaints are written for a violation of the provisions of section 18-8001, 18-8004, 18-8006 or 49-1401, Idaho Code.

(3) Whenever a person who, while operating a commercial motor vehicle or whenever a holder of a class A, B or C license, has received a written uniform traffic citation, summons or complaint containing a notice to appear before a magistrate for an offense arising out of the operation of a motor vehicle, any bond forfeiture shall be treated as though it were a conviction.

History:

[49-240, added 1988, ch. 265, sec. 32, p. 588; am. 1992, ch. 161, sec. 1, p. 517; am. 1996, ch. 371, sec. 4, p. 1253; am. 2006, ch. 164, sec. 3, p. 492; am. 2010, ch. 49, sec. 2, p. 91.]
Idaho Code § 49-1627 — Idaho Code / Title 49 / Chapter 16 / Section 49-1627
49-1627 USE OF DEALER AND MANUFACTURER LICENSE PLATE.
Status: in_force

49-1627. Use of dealer and manufacturer license plate. (1) Any dealer or manufacturer license plate issued may, during the calendar year for which issued, be transferred from one (1) vehicle to another owned or operated by such manufacturer or dealer, in pursuance of his business as a manufacturer or dealer.

(2) Dealer plates shall not be used on vehicles under the following circumstances:

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

(b) On leased or rented vehicles owned by the licensed manufacturer or dealer;

(c) On a laden vehicle designed for transportation of cargo, unless the manufacturer or dealer has complied with section 49-434, Idaho Code, except as provided in subsection (3) of this section;

(d) On vehicles which have been sold;

(e) On vehicles used by the licensee for furtherance of another business;

(f) On vehicles owned by a licensed wholesaler used for personal use;

(g) On vehicles owned by a licensed wholesaler, operated by their licensed salesmen, used for personal use.

(3) Dealer and manufacturer plates may be used on laden vehicles operated by the manufacturer, dealer or his licensed vehicle salesman, in connection with the manufacturer's or dealer's business. A dealer plate may be used on a laden trailer in connection with a manufacturer's or dealer's business to move vehicles or trailers from a manufacturer to a dealer, from dealership to dealership or from a dealership to off-site locations in promotion of the dealer's business as long as the power unit is properly licensed under chapter 4, title 49, Idaho Code. A dealer plate may be used on a vehicle assigned for personal use on a full-time basis to the dealer, or licensed full-time vehicle salesman. This personal use exception applies only to the manufacturer, dealer, or licensed full-time vehicle salesman personally, and any other persons, including members of their families, are excluded. A prospective purchaser of a vehicle may have possession of the vehicle with a dealer plate for not more than ninety-six (96) hours or may operate the vehicle when accompanied by the manufacturer, dealer or a licensed vehicle salesman.

(4) Licensed part-time vehicle salesmen may use a dealer plate on a vehicle that is offered for sale only to demonstrate the vehicle to a purchaser, but not for personal use. Other employees or authorized persons, not licensed as a vehicle salesman, may use a dealer plate when testing the mechanical operation of a vehicle or for the necessary operation in pursuance of the dealer's business, including the delivery and pickup of vehicles owned or purchased by that manufacturer or dealer.

(5) Laden dealer and manufacturer plates may be displayed on any power unit in the dealer's or manufacturer's inventory to operate vehicles laden with vehicles that are in the dealer's or manufacturer's inventory in pursuance of the dealer's or manufacturer's business. Such use shall be limited to moving vehicles from a manufacturer to a dealer, from dealership to dealership, or from a dealership to off-site locations in furtherance of the dealer's business. Such uses may include travel to licensed temporary supplemental lot locations, to and from auctions or to a new licensed location.

(a) Laden dealer and manufacturer plates shall not be used for personal use by the dealer or manufacturer or a licensed full—time or part—time salesman of the dealership.

(b) Laden dealer and manufacturer plates shall be valid up to a maximum of twenty–six thousand (26,000) pounds combined gross vehicle weight.

(c) Fees will be as provided in section 49-434(1), Idaho Code, for commercial vehicles at a weight limit of twenty–six thousand (26,000) pounds combined gross vehicle weight.

(d) The dealer or manufacturer may increase the weight limit through the purchase of a temporary weight increase permit, as provided for in section 49-432(2), Idaho Code.

(6) Vehicle manufacturers and dealers shall keep a written record of the vehicles upon which dealer's number plates are used for personal use on a full-time basis, and the time during which each plate is used. The record shall be open to inspection by any peace officer or any officer or employee of the department.

(7) No manufacturer or dealer shall cause or permit any vehicle owned by them to be operated or moved upon a public highway without displaying upon the vehicle a license plate issued to that person, either under the provisions of this section or section 49-428, Idaho Code, except as otherwise authorized in section 49-431, Idaho Code.

History:

[49-1627, added 1988, ch. 265, sec. 400, p. 784; am. 2006, ch. 223, sec. 1, p. 664; am. 2011, ch. 72, sec. 3, p. 154.]
Idaho Code § 49-2201 — Idaho Code / Title 49 / Chapter 22 / Section 49-2201
49-2201 LEGISLATIVE FINDINGS AND PURPOSES.
Status: in_force

49-2201. Legislative findings and purposes. (1) The legislature of the state of Idaho finds:

(a) That the amount and number of vehicles involved in the transportation of hazardous materials/hazardous waste on the highways of this state are on the increase;

(b) That the public health and safety and the environment are jeopardized when hazardous materials/hazardous waste are transported in unsafe vehicles or in an unsafe manner;

(c) That since the state police are most likely to be in the position to enforce safety laws and also to be first responders in the event of hazardous materials/hazardous waste incidents; and

(d) That the problem of safe transportation of hazardous materials/hazardous waste has become a matter of statewide concern.

(2) Therefore, it is hereby declared that the purposes of this chapter are:

(a) To protect the health and safety of the public and the environment by reducing the risk of accidents through an adequately funded safety inspection program aimed at vehicles which transport hazardous materials/hazardous waste;

(b) To provide for specialized training and equipment for state police officers to enable them to respond to hazardous materials/hazardous waste incidents on an emergency basis;

(c) To assure the safe transportation of hazardous materials/hazardous waste within this state.

History:

[49-2201, added 1988, ch. 265, sec. 453, p. 813.]
Idaho Code § 49-2435 — Idaho Code / Title 49 / Chapter 24 / Section 49-2435
49-2435 RIDESHARING ARRANGEMENTS ARE NONPROFIT.
Status: in_force

49-2435. Ridesharing arrangements are nonprofit. Ridesharing arrangements using a motor vehicle with a seating capacity for not more than fifteen (15) persons, including the driver, shall be deemed nonprofit even though the driver, owner or lessee receives compensation for operating and maintaining the vehicle and a reasonable amount of compensation for the driver's services. No household shall operate more than one (1) vehicle with a capacity of seven (7) to fifteen (15) persons in a ridesharing arrangement at one (1) time.

History:

[49-2435, added 1988, ch. 265, sec. 492, p. 830.]
Idaho Code § 49-502 — Idaho Code / Title 49 / Chapter 5 / Section 49-502
49-502 DELIVERY OF CERTIFICATE OF TITLE UPON SALE OR DISPOSITION — REASSIGNMENT BY DEALERS.
Status: in_force

49-502. Delivery of certificate of title upon sale or disposition — Reassignment by dealers. (1) No person shall sell or otherwise dispose of a vehicle without delivery to the purchaser or transferee a certificate of title with an assignment as necessary to show title in the purchaser or transferee except as provided for in subsection (2) of this section.

(2) The owner shown on the records of the department of any vehicle that has a 2010 or older model year or has a model year at least twenty (20) years old when transferred after January 1, 2031, or is over sixteen thousand (16,000) pounds gross vehicle weight or has no odometer device, or the owner of any vessel that has a certificate of title that has become lost, mutilated or illegible, may dispose of such vehicle or vessel by delivering to the purchaser or transferee a completed application for duplicate title, together with an assignment as necessary to show title in the purchaser or transferee. To obtain a certificate of title, the purchaser or transferee shall pay the fees pursuant to section 49-202(2)(b), Idaho Code.

(3) No resident shall purchase or otherwise acquire or bring into the state a vehicle except for temporary use as provided by section 49-432, Idaho Code, unless he shall obtain a certificate of title in his name in accordance with the provisions of this chapter.

(4) Any dealer holding a current Idaho dealer license may, in lieu of having a certificate of title issued in his name, reassign either any existing certificate of title issued in this state or any application of duplicate certificate of title completed pursuant to subsection (2) of this section.

History:

[49-502, added 1988, ch. 265, sec. 117, p. 643; am. 2010, ch. 36, sec. 1, p. 66; am. 2014, ch. 38, sec. 10, p. 78; am. 2021, ch. 69, sec. 1, p. 251.]
Idaho Code § 49-920 — Idaho Code / Title 49 / Chapter 9 / Section 49-920
49-920 ADDITIONAL LIGHTING EQUIPMENT.
Status: in_force

49-920. Additional lighting equipment. (1) Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit an amber or white light without glare.

(2) Any motor vehicle may be equipped with not more than one (1) running-board courtesy lamp on each side which shall emit a white or amber light without glare.

(3) Any motor vehicle may be equipped with not more than two (2) back-up lamps either separately or in combination with other lamps, but any back-up lamp shall not be lighted when the motor vehicle is in forward motion.

(4) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped may display that warning in addition to any other warning signals required by this title. Lamps used to display the warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights, or any shade or color between white and amber. The lamps used to display the warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than five hundred (500) feet under normal atmospheric conditions at night.

(5) Any commercial vehicle eighty (80) inches or more in overall width may be equipped with not more than three (3) identification lamps showing to the front which shall emit an amber light without glare, and not more than three (3) identification lamps showing to the rear which shall emit a red light without glare. These lamps shall be placed in a row and may be mounted either horizontally or vertically.

History:

[49-920, added 1988, ch. 265, sec. 246, p. 698.]
Idaho Code § 49-2447 — Idaho Code / Title 49 / Chapter 24 / Section 49-2447
49-2447 ORGAN DONATION CONTRIBUTION FUND.
Status: in_force

49-2447. organ donation contribution fund. (1) There is hereby created in the state treasury the organ donation contribution fund, the moneys of which shall be continuously appropriated.

(2) The Idaho transportation department through the division of motor vehicles shall:

(a) Administer the moneys deposited in the organ donation contribution fund;

(b) Distribute moneys in accordance with subsection (5) of this section;

(c) Make an annual report to the house of representatives and senate health and welfare committees on revenue collected for the fund and contributions made to the fund; and

(d) Promulgate rules for the distribution of moneys from the fund that are consistent with the purposes of this section.

(3) The organ donation contribution fund shall consist of:

(a) Private contributions;

(b) Donations or grants from public or private entities;

(c) Voluntary donations collected under the provisions of this title; and

(d) Any other moneys approved for the fund by law.

(4) Idle moneys in the fund shall be invested by the treasurer pursuant to section 67-1210, Idaho Code, and moneys earned from such investment shall be credited to the fund.

(5) The moneys in the organ donation contribution fund shall be distributed to intermountain donor services located in Salt Lake City, Utah, and shall be used to assist in maintaining and operating a statewide organ donation registry and provide organ donor awareness education in Idaho.

History:

[49-2447, added 2013, ch. 354, sec. 1, p. 962; am. 2024, ch. 13, sec. 5, p. 127.]
Idaho Code § 49-1226 — Idaho Code / Title 49 / Chapter 12 / Section 49-1226
49-1226 CHAPTER NOT TO PREVENT OTHER PROCESS.
Status: in_force

49-1226. Chapter not to prevent other process. Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon other processes provided by law.

History:

[49-1226, added 1988, ch. 265, sec. 316, p. 737.]
Idaho Code § 49-454 — Idaho Code / Title 49 / Chapter 4 / Section 49-454
49-454 PROJECT CHOICE FEE.
Status: in_force

49-454. Project choice fee. (1) A project choice program fee of three dollars ($3.00) shall be collected in addition to each registration fee assessed pursuant to section 49-402(1), (2) or (3), 49-411, 49-412 or 49-434(1), Idaho Code. Such fees shall be deposited to the Idaho law enforcement fund established in section 67-2914, Idaho Code.

(2) The project choice program fee shall be collected and deposited pursuant to subsection (1) of this section for registrations for calendar year 2007 and thereafter.

(3) The project choice fee shall be used, subject to appropriation, exclusively for the purposes of creating a career ladder within the Idaho state police and to provide salaries to encourage the hiring and retention of trained and qualified employees for Idaho state police positions. Idaho state police personnel who have participated in and benefited from the use of the project choice fee, as of July 1, 2010, shall continue to participate in and benefit from the project choice fee while employed by the Idaho state police. Provided however, that beginning July 1, 2010, the use of the project choice fee shall be restricted in the following manner: the project choice fee shall be used exclusively for the purposes of creating a career ladder for commissioned officers, dispatch personnel and forensic personnel within the Idaho state police; and to provide salaries to encourage the hiring and retention of trained and qualified commissioned officers, dispatch personnel and forensic personnel.

History:

[49-454, added 2006, ch. 227, sec. 1, p. 679; am. 2010, ch. 177, sec. 1, p. 365.]
Idaho Code § 49-722 — Idaho Code / Title 49 / Chapter 7 / Section 49-722
49-722 BICYCLE RACING.
Status: in_force

49-722. Bicycle racing. (1) Bicycle racing on the highways is prohibited except as authorized in this section.

(2) Bicycle racing on a highway shall not be unlawful when a racing event has been approved by the department or local law enforcement authorities on any highway under their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users.

(3) By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempt from compliance with any traffic laws otherwise applicable, provided that traffic control is adequate to assure the safety of all highway users.

History:

[49-722, added 1988, ch. 265, sec. 211, p. 680.]
Idaho Code § 49-211 — Idaho Code / Title 49 / Chapter 2 / Section 49-211
49-211 AUTHORITY TO CLOSE UNMARKED CROSSWALKS.
Status: in_force

49-211. Authority to close unmarked crosswalks. The department and local authorities in their respective jurisdictions may, after an engineering and traffic investigation, designate unmarked crosswalk locations where pedestrian crossing is prohibited or when pedestrians must yield the right-of-way to vehicles. Restrictions shall be effective only when traffic-control devices indicating the restrictions are in place.

History:

[49-211, added 1988, ch. 265, sec. 12, p. 581.]
Idaho Code § 49-2203 — Idaho Code / Title 49 / Chapter 22 / Section 49-2203
49-2203 ENDORSEMENT REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS MATERIALS.
Status: in_force

49-2203. Endorsement requirements for transporters of hazardous materials. (1) Every person, including a private carrier or a common or contract carrier, who operates a vehicle on any highway of this state transporting hazardous material in such quantity and under such conditions that such vehicle is required to be placarded pursuant to 49 CFR part 172 or such vehicle's cargo is regulated by 49 CFR part 171 or is required to meet the manifest requirements as set forth under the rules of the department of environmental quality, shall first procure from the department an annual vehicle registration endorsement. This registration endorsement shall be available for examination, unless procured via the state web portal, and shall be displayed in accordance with rules adopted by the department. The provisions of this section shall not apply to vehicles owned by any city, county, state or federal governmental department or agency or special purpose district created pursuant to law.

(2) The fee for an annual vehicle registration endorsement for the transportation of hazardous materials shall be fifteen dollars ($15.00). Any carrier required to pay the fee assessed pursuant to this section is authorized to pass along such fee to the shipping party. Vendors selling endorsements on behalf of the board shall be reimbursed at the rate of forty cents (40¢) per endorsement. No portion of the annual endorsement fee shall be prorated, reduced or transferred to another vehicle.

(3) The operation of a vehicle, which is subject to the endorsement requirements of this section, in a negligent manner is a violation of the provisions of this chapter.

History:

[49-2203, added 1988, ch. 265, sec. 455, p. 814; am. 1990, ch. 331, sec. 2, p. 909; am. 2001, ch. 103, sec. 89, p. 330; am. 2010, ch. 260, sec. 1, p. 662; am. 2020, ch. 36, sec. 1, p. 73.]
Idaho Code § 49-1425 — Idaho Code / Title 49 / Chapter 14 / Section 49-1425
49-1425 RAILROAD TRAINS NOT TO UNNECESSARILY BLOCK CROSSINGS.
Status: in_force

49-1425. Railroad trains not to unnecessarily block crossings. No person or government agency shall operate any train in a manner as to prevent vehicular use of any highway for a period of time in excess of fifteen (15) consecutive minutes except:

(1) When necessary to comply with signals affecting the safety of the movement of trains;

(2) When necessary to avoid striking any object or person on the track;

(3) When the train is stopped to comply with a governmental safety regulation;

(4) When the train is disabled;

(5) When the train is in motion except while engaged in switching operations;

(6) When there is no vehicular traffic waiting to use the crossing.

History:

[49-1425, added 1988, ch. 265, sec. 361, p. 754.]
Idaho Code § 49-2409 — Idaho Code / Title 49 / Chapter 24 / Section 49-2409
49-2409 CRIMINAL LIABILITY.
Status: in_force

49-2409. Criminal liability. Any person who shall violate any of the provisions of sections 49-2401 through 49-2406, Idaho Code, any person who is a party to any agreement or understanding, or to any contract prescribing any condition prohibited by law and any employee, agent or officer of any person who shall participate, in any manner, in making, executing, enforcing, performing or in urging, aiding, or abetting in the performance of such a contract, condition, agreement or understanding, and any person who shall pay or give or contract to pay or give any thing or service of value prohibited by law, and any person who shall receive or accept or contract to receive or accept any thing or service of value prohibited by law, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or be imprisoned for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment. Each day's violation of this provision shall constitute a separate offense.

History:

[49-2409, added 1988, ch. 265, sec. 475, p. 823.]
Idaho Code § 49-2211 — Idaho Code / Title 49 / Chapter 22 / Section 49-2211
49-2211 CRIMINAL ENFORCEMENT AND PENALTIES.
Status: in_force

49-2211. Criminal enforcement and penalties. (1) Any person who knowingly makes any materially false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained or used for the purpose of complying with the provisions of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each violation.

(2) Any person who knowingly violates any provision of this chapter or any permit, standard, regulation, condition, or requirement issued or promulgated pursuant to this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each violation.

(3) Any person found guilty of a second offense under this chapter within a period of five (5) years shall be guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000).

(4) An action may be commenced and prosecuted by the attorney general. The director or board shall not be required to initiate or prosecute an administrative action before the attorney general or prosecuting attorney may commence and prosecute a civil action.

History:

[49-2211, added 1988, ch. 265, sec. 463, p. 819.]
Idaho Code § 49-1618 — Idaho Code / Title 49 / Chapter 16 / Section 49-1618
49-1618 DENIAL OR REVOCATION OF LICENSE REQUIRES HEARING.
Status: in_force

49-1618. Denial or revocation of license requires hearing. (1) Before the department shall refuse to issue to any applicant a license provided for in this chapter, and before revoking or suspending any license, it shall give the applicant or licensee written notice of the action which the department contemplates taking with respect to the application or license, which shall provide that on or before a day certain, not less than twenty (20) days from the date on which written notice shall be served, the applicant or licensee shall show cause, if any, in writing duly verified and filed with the department, why the contemplated action should not be taken. Upon receipt of the written showing, the department shall fix a day certain, not less than fifteen (15) days nor more than thirty (30) days from the date on which it received the showing, when it will hear evidence and argument in support of it. Written notice of the date and place of hearing shall be given to the applicant or licensee, not less than ten (10) days prior to the date fixed for hearing. All hearings shall be held in Ada County, Idaho. A record or tape or other recording device of all proceedings had at the hearing shall be made and preserved, pending final disposition of the matter.

(2) Notice to the applicant or licensee that the department contemplates refusing to issue the license applied for or contemplates revoking or suspending a license duly issued by it, shall have attached to it a complete statement of the facts upon which the department bases its contemplated action. In any proceeding under this section, the department shall have the burden of proving that the applicant is not qualified, or that the licensee has violated a provision of this chapter or a rule or regulation of the department.

(3) The notices provided to be given to an applicant or a licensee shall be served by the department or its employees delivering the notice to the applicant or licensee personally, or by the department mailing the notice by certified mail to:

(a) The applicant for a license at the residence address given in his application for license;

(b) A licensed dealer or at the last known address of the principal place of business of the dealer; and

(c) A licensed salesman at his last known residence address.

(4) The date on which the notice shall be considered to have been served for purposes of computing time shall be the date on which the notice is delivered to the applicant or licensee personally, or the date on which the notice is mailed.

(5) The director or his designee shall preside at all hearings and the department shall request the attendance of the advisory board at hearings. At the conclusion of the hearing, the hearing officer shall make written findings of fact and recommendations to the director. The findings of fact shall be conclusive unless clearly erroneous and unsupported by the record. The director shall issue a written order which shall be the final administrative action of the department.

(6) If a dealer's license is suspended as a result of an order of the director, the department shall conspicuously post two (2) notices of such suspension at each licensed location. The notices shall remain posted for the duration of the suspension and removal of the notice prior to that time shall be deemed a violation of the provisions of this chapter.

History:

[49-1618, added 1988, ch. 265, sec. 391, p. 780; am. 1991, ch. 272, sec. 15, p. 708.]
Idaho Code § 49-937 — Idaho Code / Title 49 / Chapter 9 / Section 49-937
49-937 MUFFLERS — PREVENTION OF NOISE.
Status: in_force

49-937. Mufflers — prevention of noise. (1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass, or similar device on a motor vehicle on a highway. When any motor vehicle was originally equipped with a noise-suppressing system or when any motor vehicle is required by law or regulation of this state or the federal government to have a noise-suppressing system, that system shall be maintained in good working order. No person shall disconnect any part of that system except temporarily in order to make repairs, replacements or adjustments, and no person shall modify or alter that system or its operation in any manner, except to conform to the manufacturer's specifications. No person shall knowingly operate and no owner shall knowingly cause or permit to be operated any motor vehicle originally equipped or required by any law or regulation of the state or the federal government to be equipped with a noise-suppressing system while any part of that system is disconnected or while that system or its operation is modified or altered in any manner, except to conform to the manufacturer's specifications.

(2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

(3) No person shall modify the exhaust system of a motor vehicle or a motorcycle in a manner that will amplify or increase the noise of the vehicle or motorcycle above that emitted by the muffler originally installed on the vehicle by the manufacturer.

(4) A showing that the sound made by a passenger motor vehicle or motorcycle exceeds the maximum allowable decibel level shall be prima facie evidence of a violation of subsection (1) of this section.

(5) No person shall sell, offer for sale, or install any noise-suppressing system or device that will produce excessive or unusual noise.

(6) The driver of a commercial vehicle that is in compliance with the provisions of subsection (1) of this section may allow such vehicle to idle for the purpose of using the vehicle's heating or air conditioning system as long as the driver is parked for the purposes of resting or sleeping. The provisions of this subsection shall include the use of auxiliary power units to provide heating or air conditioning to the vehicle.

(7) A commercial vehicle that is in compliance with the provisions of subsection (1) of this section and that is refrigerated while parked shall not be prohibited to operate while laden with perishable commodities, pharmaceuticals, or both.

History:

[49-937, added 1988, ch. 265, sec. 259, p. 706; am. 2024, ch. 36, sec. 1, p. 238.]
Idaho Code § 49-519 — Idaho Code / Title 49 / Chapter 5 / Section 49-519
49-519 OPERATION OF VEHICLE WITHOUT CERTIFICATE OF TITLE — FAILURE TO SURRENDER CERTIFICATE — SALVAGE CERTIFICATE.
Status: in_force

49-519. Operation of vehicle without certificate of title — Failure to surrender certificate — Salvage certificate. It shall be unlawful, except as otherwise provided in this chapter, for a person:

(1) To operate a vehicle for which a certificate of title is required, without the certificate having been obtained in accordance with the provisions of this chapter; or

(2) To operate a vehicle for which the certificate of title has been cancelled; or

(3) Not being an enfranchised dealer, or acting upon behalf of such dealer, to acquire, purchase, hold or display for sale a new vehicle without having obtained a certificate of title as provided for in this chapter; or

(4) To fail to surrender a certificate of title or any certificate of registration or license plate upon cancellation of the same by the department, as provided by this chapter; or

(5) To fail to surrender the certificate of title to the department in connection with the destruction, dismantling or change of a vehicle in any respect that it is not the vehicle described in the certificate of title; or

(6) To sign as assignor, or for any person to have in his possession a salvage certificate or certificate of title which has been signed by the owner as assignor, without the name of the assignee and other information required on the form prescribed by the department.

(7) To violate any of the other provisions of this chapter or any laws, or rules or regulations promulgated pursuant to this title.

History:

[49-519, added 1988, ch. 265, sec. 134, p. 652; am. 1989, ch. 285, sec. 6, p. 706.]
Idaho Code § 49-808 — Idaho Code / Title 49 / Chapter 8 / Section 49-808
49-808 TURNING MOVEMENTS AND REQUIRED SIGNALS.
Status: in_force

49-808. Turning movements and required signals. (1) No person shall turn a vehicle onto a highway or move a vehicle right or left upon a highway or merge onto or exit from a highway unless and until the movement can be made with reasonable safety nor without giving an appropriate signal.

(2) A signal of intention to turn or move right or left when required shall be given continuously to warn other traffic. On controlled-access highways and before turning from a parked position, the signal shall be given continuously for not less than five (5) seconds and, in all other instances, for not less than the last one hundred (100) feet traveled by the vehicle before turning.

(3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give such a signal.

(4) The signals required on vehicles by section 49-809, Idaho Code, shall not be flashed on one (1) side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one (1) side only of a parked vehicle except as may be necessary for compliance with this section.

History:

[49-808, added 1988, ch. 265, sec. 222, p. 686; am. 2005, ch. 98, sec. 1, p. 318.]
Idaho Code § 49-723 — Idaho Code / Title 49 / Chapter 7 / Section 49-723
49-723 LIGHT AND REFLECTOR REQUIRED AT NIGHT.
Status: in_force

49-723. Light and reflector required at night. Every bicycle in use at the times described in section 49-903, Idaho Code, shall be operated with a light emitting device visible from a distance of at least five hundred (500) feet to the front, attached to the bicycle or the rider, and with a reflector clearly visible from the rear of the bicycle.

History:

[49-723, added 1988, ch. 265, sec. 212, p. 681.]
Idaho Code § 49-203A — Idaho Code / Title 49 / Chapter 2 / Section 49-203A
49-203A RULES, POLICIES AND WAIVER PROCEDURES ON DISCLOSURE OF PERSONAL INFORMATION.
Status: in_force

49-203A. Rules, policies and waiver procedures on disclosure of personal information. (1) The department is authorized to adopt rules in compliance with Idaho's motor vehicle and driver record disclosure requirements. The rules may include procedures under which the department, upon receiving a request for personal information that is not subject to disclosure as provided in section 49-203, Idaho Code, may mail a copy of such request to each individual who is the subject of the personal information, informing the individual of the request, together with a statement to the effect that disclosure is prohibited and will not be made unless the individual affirmatively elects to waive such individual's right to privacy in the requested personal information.

(2) Disclosure of personal information permitted under the provisions of chapter 2, title 49, Idaho Code, shall be subject to payment by the requesting person to the department of all fees for the information required by statute, rule or the terms of any contract with the requesting person, on such terms for payment as may be required or agreed.

History:

[49-203A, added 1997, ch. 80, sec. 9, p. 187.]
Idaho Code § 49-901 — Idaho Code / Title 49 / Chapter 9 / Section 49-901
49-901 DUTIES OF DEPARTMENT AND DIRECTOR OF IDAHO STATE POLICE.
Status: in_force

49-901. Duties of department and director of Idaho state police. (1) The director shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other lamps on snow removal equipment when operated on the highways in lieu of the lamps otherwise required on vehicles by this title. Standards and specifications may permit the use of flashing lights for purposes of identification on snow removal equipment when in service upon the highways.

(2) The director may adopt standards and specifications applicable to lighting equipment on and special warning devices to be carried by school buses supplemental to but consistent with the provisions of section 49-914, Idaho Code. Standards and specifications shall correlate with and so far as possible conform to specifications then current as approved by the society of automotive engineers.

(3) The director is authorized to approve or disapprove lighting devices and to issue and enforce rules establishing standards and specifications for the approval of lighting devices, their installation, adjustment, and aiming, and adjustment when in use on motor vehicles. Regulations shall correlate with and, so far as practicable, conform to the then current standards and specifications of the society of automotive engineers applicable to that equipment.

(4) The director shall approve or disapprove any lighting device, of a type on which approval is specifically required in this title, within a reasonable time after the device has been submitted. He is authorized to set up the procedure which shall be followed when any device is submitted for approval, and upon approving any lamp or device shall issue to the applicant a certificate of approval together with any instructions determined by him. The department shall publish lists of all lamps and devices by name and type which have been approved. Any person desiring approval of a device shall notify the director in writing of the person's intention and shall submit the device for testing and approval as directed by the director. The director shall not approve a lighting device on any motorcycle or motor-driven cycle that does not have a self-recovery lighting system such as a generator or alternator to replace the power supply.

(5) The director shall approve and disapprove warning lighting devices on emergency and police vehicles and establish standards and specifications for emergency warning lighting devices.

(6) When the department has reason to believe that an approved device as being sold commercially does not comply with the requirements of this title, the director may, after giving thirty (30) days' previous notice to the person holding the certificate of approval for the device in this state, conduct a hearing upon the question of compliance of the approved device. After the hearing he shall determine whether the approved device meets the requirements of this title. If the device does not meet the requirements of this title, he shall give notice to the person holding the certificate of approval for the device in this state.

If at the expiration of ninety (90) days after the notice, the person holding the certificate of approval for the device has failed to satisfy the department that the approved device as thereafter to be sold meets the requirements of this title, the director shall suspend or revoke the approval issued until or unless the device is resubmitted to and retested by an approved testing agency and found to meet the requirements of this title, and may require that all the devices sold since the notification following the hearing be replaced with devices that do comply with the requirements of this title. The department may at the time of the retest, purchase in the open market and submit to the testing agency one or more sets of the approved devices, and if the device upon retest fails to meet the requirements of this title, the director may refuse to renew the certificate of approval of the device.

(7) The director shall adopt and enforce safety requirements, rules and specifications applicable to air conditioning equipment which shall correlate with and, so far as possible, conform to the current recommended practice or standard applicable to air conditioning equipment approved by the society of automotive engineers.

(8) The director in cooperation with the state board of education shall adopt and enforce rules not inconsistent with this title to govern the design and operation of all school buses when owned and operated by any school district or privately owned and operated under contract with any school district in the state, and these rules shall by reference be made a part of any contract with a school district. Every school district, its officers and employees, and every person employed under contract by a school district shall be subject to these rules.

History:

[49-901, added 1988, ch. 265, sec. 226, p. 687; am. 2000, ch. 469, sec. 116, p. 1577.]
Idaho Code § 49-306 — Idaho Code / Title 49 / Chapter 3 / Section 49-306
49-306 APPLICATION FOR DRIVER'S LICENSE, INSTRUCTION PERMIT, COMMERCIAL LEARNER'S PERMIT OR RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT.
Status: in_force

49-306. Application for driver's license, instruction permit, commercial learner's permit or restricted school attendance driving permit. (1) Every application for any instruction permit, restricted school attendance driving permit, or driver's license shall be made on a form furnished by the department and shall be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department, agents authorized by the department, and sheriffs and their deputies are authorized to administer the oaths without charge.

(2) Every application for a permit, extension, driver's license, or knowledge test shall be accompanied by a nonrefundable fee pursuant to this subsection. Fee portions identified as going to the current expense fund shall be retained by the issuing entity. If the issuing entity is the department or an agent authorized by the department, other than the county, such fee portion shall be deposited in the state highway account. All other remaining fee portions shall be remitted to the state treasurer. If the fee is collected by a county, all remaining fee portions shall be paid over to the county treasurer and the county treasurer shall remit such fees to the state treasurer not less than monthly. The state treasurer shall immediately allocate such fees in accordance with the schedule identified following each fee:

(a) Class A, B, C (4-year) license with endorsements —

age 21 years and older

(i) $5.00 to the current expense fund;

(ii) $2.00 to the emergency medical services fund established in section 57-829, Idaho Code;

(iii) $4.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;

(iv) $28.00 to the state highway account; and

(v) $1.00 to the motorcycle safety program fund;

(b) Class A, B, C (8-year) license with endorsements —

age 21 to 63 years

(i) $5.00 to the current expense fund;

(ii) $4.00 to the emergency medical services fund established in section 57-829, Idaho Code;

(iii) $8.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;

(iv) $41.00 to the state highway account; and

(v) $2.00 to the motorcycle safety program fund;

(c) Class A, B, C (3-year) license with endorsements —

age 18 to 21 years

(i) $5.00 to the current expense fund;

(ii) $1.50 to the emergency medical services fund established in section 57-829, Idaho Code;

(iii) $3.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;

(iv) $19.50 to the state highway account; and

(v) $1.00 to the motorcycle safety program fund;

(d) Class A, B, C (1-year) license with endorsements — age

20 years

(i) $5.00 to the current expense fund;

(ii) $0.50 to the emergency medical services fund established in section 57-829, Idaho Code;

(iii) $1.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;

(iv) $8.16 to the state highway account; and

(v) $0.34 to the motorcycle safety program fund;

(e) Class D (3-year) license — age 15 to 18 years or age 18 to 21 years

(i) $10.00 to the current expense fund;

(ii) $1.50 to the emergency medical services fund established in section 57-829, Idaho Code;

(iii) $3.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;

(iv) $4.00 to the driver training fund;

(v) $10.50 to the highway distribution account; and

(vi) $1.00 to the motorcycle safety program fund;

(f) Class D (1-year) license — age 17 or 20 years

(i) $10.00 to the current expense fund;

(ii) $0.50 to the emergency medical services fund established in section 57-829, Idaho Code;

(iii) $1.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;

(iv) $1.33 to the driver training fund;

(v) $6.83 to the highway distribution account; and

(vi) $0.34 to the motorcycle safety program fund;

(g) Class D (4-year) license — age 21 years and

older

(i) $10.00 to the current expense fund;

(ii) $2.00 to the emergency medical services fund established in section 57-829, Idaho Code;

(iii) $4.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;

(iv) $5.30 to the driver training fund;

(v) $12.70 to the highway distribution account; and

(vi) $1.00 to the motorcycle safety program fund;

(h) Class D (8-year) or class A, B, C license with

endorsements — age 21 to 63 years

(i) $15.00 to the current expense fund;

(ii) $4.00 to the emergency medical services fund established in section 57-829, Idaho Code;

(iii) $8.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;

(iv) $10.60 to the driver training fund;

(v) $20.40 to the highway distribution account; and

(vi) $2.00 to the motorcycle safety program fund;

(i) Commercial learner's permit

(i) $5.00 to the current expense fund;

(ii) $4.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code; and

(iii) $20.00 to the state highway account;

(j) Class D instruction permit

(i) $10.00 to the current expense fund;

(ii) $2.60 to the driver training fund; and

(iii) $7.40 to the highway distribution account;

(k) Duplicate driver's license or permit

(i) $10.00 to the current expense fund;

(ii) $2.60 to the driver training fund; and

(iii) $7.40 to the highway distribution account;

(l) Driver's license extension

(i) $2.60 to the driver training account; and

(ii) $7.40 to the state highway account;

(m) License classification change (upgrade)

(i) $10.00 to the current expense fund; and

(ii) $20.00 to the state highway account;

(n) Endorsement addition

(i) $10.00 to the current expense fund; and

(ii) $10.00 to the state highway account;

(o) Class A, B, C skills tests

(i) $10.00 to the state highway account; and

(ii) Remainder retained by entity administering the test;

(p) Class D skills test

(i) $6.50 to the state highway account; and

(ii) Remainder retained by entity administering the test;

(q) Motorcycle endorsement skills test (amount charged retained by

entity administering the test)

(r) Knowledge test (fee retained by the entity administering

the test)

(s) Seasonal driver's license

(i) $10.00 to the current expense fund;

(ii) $2.00 to the emergency medical services fund established in section 57-829, Idaho Code;

(iii) $4.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code; and

(iv) $28.00 to the state highway account;

(t) Onetime motorcycle "M" endorsement

(i) $2.50 to the current expense fund; and

(ii) $12.50 to the state highway account;

(u) Motorcycle endorsement instruction permit

(i) $2.50 to the current expense fund; and

(ii) $12.50 to the state highway account;

(v) Restricted driving permit or restricted school attendance

driving permit (fee to the state highway account)

(3) The fee for any electronic driver's license renewal allowed pursuant to section 49-319(10), Idaho Code, shall be five dollars ($5.00) less than the applicable application fee prescribed in subsection (2) of this section. This fee reduction shall be accounted for by subtracting five dollars ($5.00) from the portion of fees retained by the department.

(4) A person who applies for a driver's license or a driver's license renewal may designate a voluntary contribution of two dollars ($2.00) for the purpose of promoting and supporting organ donation. Such a contribution shall be treated as a voluntary contribution to the organ donation contribution fund created in section 49-2447, Idaho Code, and not as a driver's license fee. Each voluntary contribution shall be deposited into the organ donation contribution fund created in section 49-2447, Idaho Code.

(5) Every application shall state the applicant's true and full name, date of birth, sex, declaration of Idaho residency, Idaho residence address and mailing address if different, height, weight, hair color, eye color, and social security number as verified by the social security administration. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant may state, in his or her application pursuant to this section, the applicant's alternative Idaho mailing address in place of his or her Idaho residence address and mailing address.

(a) The requirement that an applicant provide a social security number as verified by the social security administration shall apply only to applicants who have been assigned a social security number.

(b) An applicant who has not been assigned a social security number shall:

(i) Present written verification from the social security administration that the applicant has not been assigned a social security number; and

(ii) Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and

(iii) Submit such proof as the department may require that the applicant is lawfully present in the United States.

A driver's license, commercial learner's permit or any instruction permit issued on and after January 1, 1993, shall not contain an applicant's social security number. Applications on file shall be exempt from disclosure except as provided in sections 49-202, 49-203, 49-203A and 49-204, Idaho Code.

(c) Every application for a class A, B or C license shall state where the applicant has been licensed for the preceding ten (10) years and under which of the following driving categories the applicant will operate:

(i) Non-excepted interstate. The applicant operates or expects to operate in interstate commerce and is required to provide a medical examiner's certificate;

(ii) Excepted interstate. The applicant operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted by the federal motor carrier safety administration from all or parts of the qualification requirements of federal motor carrier safety regulation 49, part 391, and is therefore not required to provide a medical examiner's certificate;

(iii) Non-excepted intrastate. The applicant operates only in intrastate commerce and is subject to and meets all Idaho driver qualification requirements and the applicable parts of federal motor carrier safety regulation 49, part 391, and is required to provide a medical examiner's certificate; or

(iv) Excepted intrastate. The applicant operates in intrastate commerce, but engages exclusively in exempted transportation or operations as listed in section 67-2901B(2), Idaho Code, and the applicable parts of federal motor carrier safety regulation 49, part 391, and is therefore not required to provide a medical examiner's certificate.

All applications shall also state whether the applicant has previously been licensed as a driver and, if so, when and by what state or country and whether a driver's license or privileges have ever been suspended, revoked, denied, disqualified, canceled or refused and, if so, the date of and reason for the suspension, revocation, denial, disqualification, cancellation or refusal and the applicant's oath that all information is correct as signified by the applicant's signature.

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

(e) Every applicant for a class A, B or C driver's license or commercial learner's permit shall provide proof of United States citizenship or lawful permanent residency in the United States upon application for issuance, transfer, upgrade or renewal, unless the applicant's driving record already contains documentation confirming United States citizenship or lawful permanent residency.

(f) Individuals required to register in compliance with section 3 of the federal military selective service act, 50 U.S.C. App. 451 et seq., as amended, shall be provided an opportunity to fulfill such registration requirements in conjunction with an application for a driver's license, commercial learner's permit or instruction permit. Any registration information so supplied shall be transmitted by the department to the selective service system.

(6) Whenever an application is received from a person previously licensed in another jurisdiction, the department shall request a copy of the driver's record from the other jurisdiction and shall contact the national driver register. When received, the driver's record from the previous jurisdiction shall become a part of the driver's record in this state with the same force and effect as though entered on the driver's record in this state in the original instance.

(7) Whenever the department receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.

(8) The department shall contact and notify the commercial driver license information system of the proposed application for a class A, B or C driver's license or commercial learner's permit to ensure identification of the person and to obtain clearance to issue the license.

(9) The department shall request information from the drug and alcohol clearinghouse to determine whether an applicant for any class A, B, or C driver's license or commercial learner's permit is eligible for the credential.

(10) A contractor administering a class A, B, or C skills test may collect an additional fee for the use of the contractor's vehicle for the skills test.

(11) The department may issue seasonal class B or C driver's licenses to drivers who are employees of agri-chemical businesses, custom harvesters, farm retail outlets and suppliers, and livestock feeders that:

(a) Will be valid only for driving commercial vehicles that normally require class B or C commercial driver's licenses;

(b) Will be valid for seasonal periods that begin on the date of issuance and that are not to exceed one hundred eighty (180) days in a twelve (12) month period;

(c) May be obtained only twice in a driver's lifetime;

(d) Are valid only within a one-hundred-fifty (150) mile radius of the place of business or farm being serviced; and

(e) Will be valid only in conjunction with valid Idaho class D driver's licenses.

(12) The department may issue seasonal class B or C driver's licenses to drivers who:

(a) Have not violated the single license provisions of applicable federal regulations;

(b) Have not had any license suspensions, revocations or cancellations;

(c) Have not had any convictions in any vehicle for any offense listed in section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic offense;

(d) Have at least one (1) year of driving experience with a class D or equivalent license in any type of motor vehicle; and

(e) Are at least sixteen (16) years old.

History:

[49-306, added 1988, ch. 265, sec. 40, p. 591; am. 1989, ch. 88, sec. 19, p. 173; am. 1992, ch. 115, sec. 10, p. 361; am. 1992, ch. 118, sec. 1, p. 391; am. 1993, ch. 300, sec. 3, p. 1109; am. 1993, ch. 304, sec. 1, p. 1126; am. 1994, ch. 234, sec. 7, p. 737; am. 1994, ch. 347, sec. 3, p. 1100; am. 1995, ch. 339, sec. 2, p. 1121; am. 1996, ch. 371, sec. 8, p. 1257; am. 1997, ch. 80, sec. 11, p. 188; am. 1997, ch. 357, sec. 1, p. 1053; am. 1998, ch. 110, sec. 17, p. 399; am. 1998, ch. 248, sec. 2, p. 810; am. 1998, ch. 394, sec. 1, p. 1236; am. 1999, ch. 81, sec. 9, p. 249; am. 1999, ch. 317, sec. 1, p. 797; am. 1999, ch. 318, sec. 1, p. 804; am. 1999, ch. 319, sec. 1, p. 811; am. 1999, ch. 360, sec. 2, p. 952; am. 2000, ch. 56, sec. 1, p. 112; am. 2000, ch. 214, sec. 7, p. 592; am. 2001, ch. 74, sec. 1, p. 171; am. 2001, ch. 110, sec. 49, p. 395; am. 2001, ch. 347, sec. 1, p. 1220; am. 2002, ch. 161, sec. 1, p. 474; am. 2002, ch. 235, sec. 3, p. 698; am. 2005, ch. 352, sec. 5, p. 1100; am. 2008, ch. 63, sec. 2, p. 156; am. 2009, ch. 331, sec. 3, p. 951; am. 2010, ch. 16, sec. 3, p. 24; am. 2010, ch. 225, sec. 3, p. 506; am. 2011, ch. 60, sec. 3, p. 128; am. 2013, ch. 354, sec. 2, p. 963; am. 2015, ch. 54, sec. 5, p. 132; am. 2015, ch. 54, sec. 6, p. 137; am. 2017, ch. 216, sec. 1, p. 522; am. 2017, ch. 216, sec. 2, p. 527; am. 2018, ch. 113, sec. 1, p. 230; am. 2018, ch. 113, sec. 2, p. 235; am. 2020, ch. 38, sec. 2, p. 79; am. 2021, ch. 294, sec. 1, p. 886; am. 2022, ch. 217, sec. 1, p. 699; am. 2024, ch. 13, sec. 1, p. 116; am. 2025, ch. 24, sec. 2, p. 73; am. 2025, ch. 94, sec. 29, p. 478; am. 2025, ch. 259, sec. 2, p. 1132; am. 2026, ch. 167, sec. 2, p. 784.]
Idaho Code § 49-420T — Idaho Code / Title 49 / Chapter 4 / Section 49-420T
49-420T USS IDAHO SSN 799 COMMEMORATIVE LICENSE PLATE.
Status: in_force

49-420T. USS IDAHO SSN 799 COMMEMORATIVE license plate. (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 USS Idaho SSN 799 commemorative 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 USS Idaho SSN 799 commemorative 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) The USS Idaho SSN 799 commemorative license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code, and shall include the text "USS IDAHO" on the top of the plate and the text "SSN 799 THE GEM OF THE FLEET" across the bottom of the plate. The design shall feature an image of the USS Idaho SSN 799 submarine emerging out of the ocean and other commemorative aspects. The design shall be acceptable to the USS Idaho commissioning committee and shall be approved by the department utilizing a numbering system as determined by the department.

(6) The USS Idaho SSN 799 commemorative license plate established in this section shall be exempt from the requirements of section 49-402D.

(7) Sample USS Idaho SSN 799 commemorative 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:

[49-420T, added 2025, ch. 271, sec. 2, p. 1163.]
Idaho Code § 49-407 — Idaho Code / Title 49 / Chapter 4 / Section 49-407
49-407 YEAR OF MANUFACTURE PLATE.
Status: in_force

49-407. Year of manufacture plate. Pursuant to rules of the department, any person who is the owner of a motor vehicle with any model year up to and through 1974 which is registered under section 49-402(1), Idaho Code, or section 49-434(1), Idaho Code, may display on the rear of the vehicle an authentic Idaho plate manufactured with a painted or embossed year matching the model year of the vehicle. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.

In addition to the regular registration fees required in sections 49-402(1), and 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee specified in section 49-402, Idaho Code. All revenues from the initial program fee and the annual program fee shall be deposited in the state highway account.

History:

[49-407, added 1988, ch. 265, sec. 76, p. 612; am. 1992, ch. 261, sec. 10, p. 765; am. 1997, ch. 129, sec. 5, p. 389; am. 1998, ch. 113, sec. 4, p. 420; am. 1999, ch. 316, sec. 4, p. 793; am. 2000, ch. 87, sec. 8, p. 196; am. 2001, ch. 73, sec. 2, p. 156.]
Idaho Code § 49-1601 — Idaho Code / Title 49 / Chapter 16 / Section 49-1601
49-1601 UNLICENSED DEALERS AND SALESMEN PROHIBITED.
Status: in_force

49-1601. Unlicensed dealers and salesmen prohibited. It shall be unlawful for any person to act as a dealer or salesman, wholesaler, manufacturer of vehicles or a manufacturer, distributor, factory branch, or distributor branch representative, without first having procured a license from the department. It shall be unlawful for any person other than a licensed dealer to display a vehicle for sale unless the title is in the name of the displayer. It shall be unlawful to solicit sales of vehicles without a dealer's license, unless the title is in the name of the seller. The provisions of this section shall not apply to the sale or solicitation of specialty vehicles to governmental entities within the state. Specialty vehicles shall be defined as fire trucks, fire engines, urban transit buses, ambulances, street sweepers and hazardous material response vehicles.

History:

[49-1601, added 1988, ch. 265, sec. 374, p. 758; am. 1993, ch. 230, sec. 1, p. 803.]
Idaho Code § 49-1305 — Idaho Code / Title 49 / Chapter 13 / Section 49-1305
49-1305 IMMEDIATE NOTICE OF ACCIDENTS.
Status: in_force

49-1305. Immediate notice of accidents. (1) The driver of a vehicle involved in an accident resulting in injury to or death of any person, or damage to the property of any one (1) person in excess of one thousand five hundred dollars ($1,500) shall immediately, by the quickest means of communication, give notice of the accident to the local police department if the accident occurs within a city, otherwise to the office of the county sheriff or the nearest office of the state police.

(2) Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required herein, and there was another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall give or cause to be given the notice not given by the driver.

History:

[49-1305, added 1988, ch. 265, sec. 326, p. 741; am. 1990, ch. 69, sec. 1, p. 151; am. 2005, ch. 269, sec. 1, p. 832.]
Idaho Code § 49-1401A — Idaho Code / Title 49 / Chapter 14 / Section 49-1401A
49-1401A DISTRACTED DRIVING.
Status: in_force

49-1401A. distracted driving. (1) As used in this section:

(a) "Mobile electronic device" means a cellular telephone; broadband personal communication device; two-way messaging device; text messaging device; pager; personal digital assistant; laptop computer; computer tablet; stand-alone computer; portable computing device; mobile device with a touchscreen display that is designed to be worn; electronic games; equipment that is capable of playing a video or recording or transmitting video; or any similar electronic device that is used to initiate, receive, or display communication or information. "Mobile electronic device" does not include a radio designed for the citizens band radio service or the amateur radio service of the federal communications commission or a commercial two-way radio communications device, an information or communication system installed within a vehicle, a subscription-based emergency communication device, or a prescribed medical device.

(b) "Operate" means to drive or assume physical control of a motor vehicle upon a public way, street, road, or highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. "Operate" does not include a motor vehicle that is lawfully parked or that has pulled to the side of or off the road at a location where it is legal to do so and where the vehicle remains stationary.

(2) Except as provided in this subsection, a person shall not operate a motor vehicle while using a mobile electronic device. The provisions of this subsection shall not apply to:

(a) A law enforcement officer, firefighter, emergency medical technician, paramedic, operator of an authorized emergency vehicle, or similarly engaged paid or volunteer public safety first responder during the performance of that person's official duties, and a public or consumer-owned utility employee or contractor acting within the scope of that person's employment when responding to a utility emergency;

(b) The use of a mobile electronic device for emergency purposes, including a text messaging device to contact a 911 system; an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity; reporting a fire, traffic accident, serious road hazard, or medical or hazardous materials emergency to appropriate authorities; reporting the operator of another motor vehicle who is driving in a reckless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs; or reporting a crime;

(c) The hands-free use of a global positioning or navigation system feature of a mobile electronic device, provided that the operator of the vehicle is not manually entering information into the global positioning or navigation system feature of the device;

(d) The selection of a telephone number or name for the purpose of making or receiving a telephone call, provided that the action is performed through one-touch access or by voice command;

(e) The use of a mobile electronic device in a voice-operated or hands-free mode if the operator of the motor vehicle does not use his hands to operate the device, except through one-touch activation or deactivation of a feature or function of the device;

(f) The use of a mobile electronic device by a governmental or commercial user during the performance of that person's official duties, as long as the mobile electronic device is being used in a similar manner as a commercial two-way radio communication device; or

(g) The use of a mobile electronic device in a farming or ranching operation to assist in the movement of farm tractors, farm equipment, and implements of husbandry from one farm operation to another.

(3) No person shall operate a motor vehicle while watching motion upon the screen of a mobile electronic device, other than motion related to the functioning or navigation of the vehicle.

(4) A violation of this section shall be a moving violation and shall be an infraction punishable by a fine of seventy-five dollars ($75.00) for a first offense and one hundred fifty dollars ($150) for a second offense within a three (3) year period. For each subsequent offense within a three (3) year period, the offender shall be punished by a fine of three hundred dollars ($300).

(5) A court may suspend a person's driver's license for up to ninety (90) days if the person has three (3) or more convictions for violations of this section within a three (3) year period.

(6) Nothing contained in this section shall be construed to authorize seizure of a mobile electronic device by any law enforcement agency.

(7) A conviction under this section for a first offense shall not result in violation point counts as prescribed in section 49-326, Idaho Code.

(8) A conviction under this section for a first offense that does not involve an accident may not be used to make an adverse eligibility decision by an insurer or for the purpose of establishing rates of motor vehicle insurance charged by an insurer.

(9) A law enforcement officer enforcing the provisions of this section is hereby authorized to utilize a violation of this section as the primary or sole reason for initiating a traffic stop or issuing a citation to a driver.

(10) The state preempts the field of regulating the use of mobile electronic devices in motor vehicles while driving, and this section supersedes any local laws, ordinances, orders, rules, or regulations enacted by any political subdivision or municipality to regulate the use of a mobile electronic device by the operator of a motor vehicle.

(11) This section shall be effective July 1, 2020, provided that only warnings and no infractions shall be issued under this section prior to January 1, 2021.

History:

[49-1401A, added 2020, ch. 260, sec. 2, p. 756; am. 2021, ch. 20, sec. 1, p. 52.]
Idaho Code § 49-418B — Idaho Code / Title 49 / Chapter 4 / Section 49-418B
49-418B IDAHO YOUTH PLATES.
Status: in_force

49-418B. Idaho youth plates. (1) On or after January 1, 2000, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and upon department approval receive special Idaho youth 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 youth 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. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of the administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the county assessor's motor vehicle registration division of each county into the youth programs fund of the sheriff of that county, for use in implementation of prevention and early intervention programs for Idaho's at-risk youth including, but not limited to: (a) providing mentoring programs, (b) creating safe places and structured activities in nonschool hours, (c) fostering good health, (d) developing effective education opportunities for marketable career skills, and (e) providing an opportunity for youth to give back to their community.

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

(4) The Idaho youth license plate shall be of a color and design comparable to the standard issue of license plates with blue numerals on a red, white and blue background, except that the word "Idaho" shall appear on each plate and the county designator shall be omitted to provide for distinguishing designs and slogans, acceptable to the Idaho association of counties, to be added to the plate. The design shall be approved by the department and shall utilize a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho association of counties.

(5) Sample Idaho youth license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be deposited in the sheriff's youth program fund of the county where the plate was purchased for the implementation of youth programs for at-risk youth. No additional fee shall be charged for personalizing sample plates.

History:

[49-418B, added 1999, ch. 77, sec. 1, p. 221; am. 2000, ch. 87, sec. 22, p. 206; am. 2000, ch. 200, sec. 3, p. 494; am. 2001, ch. 73, sec. 8, p. 159.]
Idaho Code § 49-929 — Idaho Code / Title 49 / Chapter 9 / Section 49-929
49-929 LIGHTS ON SNOW REMOVAL EQUIPMENT.
Status: in_force

49-929. Lights on snow removal equipment. It shall be unlawful to operate any snow removal equipment on any highway unless lamps on the equipment comply with and are lighted when and as required by the standards and specifications adopted by the director of the Idaho transportation department.

History:

[49-929, added 1988, ch. 265, sec. 255, p. 703; am. 1991, ch. 86, sec. 1, p. 191.]
Idaho Code § 49-508 — Idaho Code / Title 49 / Chapter 5 / Section 49-508
49-508 CANCELLATION OF CERTIFICATES OF TITLE — RETURN OF REGISTRATION RECEIPTS AND LICENSE PLATES.
Status: in_force

49-508. Cancellation of certificates of title — Return of registration receipts and license plates. (1) If it appears that a certificate of title has been improperly issued, the department shall, after notice and hearing, cancel the certificate. The notice shall be served in person or by first class mail to the person to whom that certificate of title was issued, as well as any lienholders appearing thereon. The holder of the certificate of title shall return it to the department upon cancellation, but the cancellation of any certificate of title shall not affect the validity of any lien recorded on it.

(2) If a receipt of registration has been issued to the holder of a canceled certificate of title, the department shall immediately cancel it and demand the return of the receipt of registration and license plates, and the holder of the receipt of registration and license plates shall immediately return them to the department.

History:

[49-508, added 1988, ch. 265, sec. 123, p. 646; am. 1991, ch. 153, sec. 4, p. 364; am. 2003, ch. 157, sec. 3, p. 446.]
Idaho Code § 49-409 — Idaho Code / Title 49 / Chapter 4 / Section 49-409
49-409 PERSONALIZED LICENSE PLATES.
Status: in_force

49-409. Personalized license plates. (1) Any person who is the owner of a vehicle registered under section 49-402 or 49-434(1), Idaho Code, may apply to the department for personalized license plates in lieu of regular numbered plates except that this provision shall not apply to a vehicle registered under section 49-434(1), Idaho Code, with a maximum gross weight over twenty-six thousand (26,000) pounds or any vehicle registered under section 49-435, Idaho Code. In addition to the regular registration fees required in section 49-402(1) and (2), section 49-422, and section 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee specified in section 49-402, Idaho Code. All revenues from the initial program fee and the annual program fee shall be deposited in the state highway account. The personalized license plates shall be of the same color and design as other license plates, and shall consist of numbers or letters, or any combination thereof, not exceeding seven (7) positions. No more than one (1) particular combination of letters and numbers shall be in existence at any one (1) time. The form for application of the plates will be as prescribed by the director who, at his discretion, may refuse to issue the plates.

(2) When personalized license plates are issued for a vehicle, the regular license plates for that vehicle belong to the registrant and may be transferred to another vehicle owned by the personalized plate applicant.

History:

[49-409, added 1988, ch. 265, sec. 78, p. 613; am. 1989, ch. 259, sec. 1, p. 635; am. 1992, ch. 261, sec. 12, p. 766; am. 1997, ch. 129, sec. 7, p. 390; am. 1998, ch. 113, sec. 6, p. 421; am. 1999, ch. 316, sec. 6, p. 794; am. 2000, ch. 87, sec. 10, p. 197; am. 2001, ch. 73, sec. 4, p. 157.]
Idaho Code § 49-630 — Idaho Code / Title 49 / Chapter 6 / Section 49-630
49-630 DRIVE ON RIGHT SIDE OF ROADWAY — EXCEPTIONS.
Status: in_force

49-630. Drive on right side of roadway — Exceptions. (1) Upon all highways of sufficient width a vehicle shall be driven upon the right half of the roadway except as follows:

(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(b) When an obstruction exists making it necessary to drive to the left of the center of the highway. Any person doing so shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within a distance as to constitute an immediate hazard;

(c) Upon a highway divided into three (3) marked lanes for traffic under the applicable rules; or

(d) Upon a highway restricted to one-way traffic.

(2) Upon all highways any vehicle proceeding at less than normal speed of traffic at the time and place and under the conditions then existing, shall be driven in the right-hand lane available for traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

(3) No vehicle shall be driven to the left of the center line upon any highway having four (4) or more lanes for moving traffic and providing for two-way movement of traffic, except when authorized by a traffic-control device designating certain lanes to the left side of the center of the highway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (1)(b) of this section. This subsection shall not be construed as prohibiting the crossing of the centerline in making a left turn into or from an alley, private road or driveway.

History:

[49-630, added 1988, ch. 265, sec. 159, p. 661.]
Idaho Code § 49-719 — Idaho Code / Title 49 / Chapter 7 / Section 49-719
49-719 CARRYING ARTICLES.
Status: in_force

49-719. Carrying articles. No person operating a bicycle shall carry any package, bundle or article which prevents the operator from using at least one (1) hand in the control and operation of the bicycle.

History:

[49-719, added 1988, ch. 265, sec. 208, p. 679.]
Idaho Code § 49-105 — Idaho Code / Title 49 / Chapter 1 / Section 49-105
49-105 DEFINITIONS — D.
Status: in_force

49-105. Definitions — D. (1) "Dealer" means every person in the business of buying, selling or exchanging five (5) or more new or used vehicles, new or used neighborhood electric vehicles, new or used motorcycles, motor-driven cycles, snow machines or motorbikes, travel trailers, truck campers, all-terrain vehicles, utility type vehicles or motor homes in any calendar year, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise, or who has an established place of business for the sale, lease, trade, or display of these vehicles. No insurance company, bank, finance company, public utilities company, or other person coming into possession of any vehicle, as an incident to its regular business, who shall sell that vehicle under any contractual rights it may have, shall be considered a dealer. See also "salvage pool," section 49-120, Idaho Code.

(2) "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho Code)

(3) "Department" means the Idaho transportation department acting directly or through its duly authorized officers and agents, except in chapters 6 and 9, title 49, Idaho Code, where the term means the Idaho state police, except as otherwise specifically provided.

(4) "Designated family member" means the spouse, child, grandchild, parent, brother or sister of the owner of a vehicle dealership who, in the event of the owner's death, is entitled to inherit the ownership interest in the dealership under the same terms of the owner's will, or who has been nominated in any other written instrument, or who, in the case of an incapacitated owner of a dealership, has been appointed by a court as the legal representative of the dealer's property.

(5) "Director" means the director of the Idaho transportation department, except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the director of the Idaho state police.

(6) "Disclose" means to engage in any practice or conduct to make available and make known personal information contained in records of the department about a person to any other person, organization or entity, by any means of communication.

(7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by the department of commercial vehicle driving privileges.

(8) "Distributor" means any person, firm, association, corporation or trust, resident or nonresident, who has a franchise from a manufacturer of vehicles to distribute vehicles in this state, and who in whole or in part sells or distributes new vehicles to dealers or who maintains distributor representatives.

(9) "Distributor branch" means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained.

(10) "Distributor representative" means any person, firm, association, corporation or trust, and each officer and employee thereof engaged as a representative of a distributor or distributor branch of vehicles for the purpose of making or promoting the sale of vehicles, or for supervising or contacting dealers or prospective dealers.

(11) "District" means:

(a) Business district. The territory contiguous to and including a highway when within any six hundred (600) feet along the highway there are buildings in use for business or industrial purposes, including hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the highway.

(b) Residential district. The territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred (300) feet or more is in the main improved with residences, or residences and buildings in use for business.

(c) Urban district. The territory contiguous to and including any highway which is built up with structures devoted to business, industry or dwelling houses. For purposes of establishing speed limits in accordance with the provisions of section 49-654, Idaho Code, no state highway or any portion thereof lying within the boundaries of an urban district is subject to the limitations which otherwise apply to nonstate highways within an urban district.

(12) "Documented vessel" means a vessel having a valid marine document as a vessel of the United States.

(13) "Downgrade" as it pertains to commercial drivers licensing shall mean either:

(a) The driver has changed his or her medical requirement self-certification to interstate but operates exclusively in transportation or operations excepted from part 391 of the federal motor carrier safety regulations; or

(b) The driver has changed his or her medical requirement self-certification to intrastate and operates exclusively in transportation or operations as listed in section 67-2901B(2), Idaho Code; or

(c) The driver no longer has commercial motor vehicle driving privileges, but has retained privileges to drive noncommercial motor vehicles.

(14) "Drag race" means the operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one (1) or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicles within a certain distance or time limit.

(15) "Driver" means every person who drives or is in actual physical control of a vehicle.

(16) "Driver's license" means a license or permit issued by the department or by any other jurisdiction to an individual which authorizes the individual to operate a motor vehicle or commercial motor vehicle on the highways in accordance with the requirements of title 49, Idaho Code.

(17) "Driver's license — Classes of" are issued for the operation of a vehicle based on the size of the vehicle or the type of load and mean:

(a) Class A. This license shall be issued and valid for the operation of any combination of motor vehicles with a manufacturer's gross combination weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, provided the manufacturer's gross vehicle weight rating (GVWR) of the vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Persons holding a valid class A license may also operate vehicles requiring a class B, C or D license.

(b) Class B. This license shall be issued and valid for the operation of any single vehicle with a manufacturer's gross vehicle weight rating (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid class B license may also operate vehicles requiring a class C license or a class D license.

(c) Class C. This license shall be issued and valid for the operation of any single vehicle or combination of vehicles that does not meet the definition of class A or class B, as defined in this section, but that either is designed to transport sixteen (16) or more people including the driver, or is of any size which does not meet the definition of class A or class B and is used in the transportation of materials found to be hazardous according to the hazardous material transportation act and which requires the motor vehicle to be placarded under the federal hazardous materials regulations 49 CFR part 172, subpart F. Persons holding a valid class C license may also operate vehicles requiring a class D license.

(d) Class D. This license shall be issued and valid for the operation of a motor vehicle that is not a commercial vehicle as defined in section 49-123, Idaho Code.

(e) "Seasonal driver's license" means a special restricted class B or C driver's license to operate certain commercial vehicles in farm-related industries under restrictions imposed by the department. As used in this definition, "farm-related industry" shall mean custom harvesters, farm retail outlets and suppliers, agri-chemical businesses and livestock feeders. Seasonal driver's licenses are not valid for driving vehicles carrying any quantities of hazardous material requiring placarding, except for diesel fuel in quantities of one thousand (1,000) gallons or less, liquid fertilizers, i.e., plant nutrients, in vehicles or implements of husbandry with total capacities of three thousand (3,000) gallons or less, and solid fertilizers, i.e., solid plant nutrients, that are not mixed with any organic substance.

(18) "Driver record" means any record that pertains to an individual's driver's license, driving permit, driving privileges, driving history, identification documents or other similar credentials issued by the department.

(19) "Driver's license endorsements" means special authorizations that are required to be displayed on a driver's license which permit the driver to operate certain types of commercial vehicles or commercial vehicles hauling certain types of cargo, or to operate a motorcycle or a school bus.

(a) "Endorsement T — Double/Triple trailer" means this endorsement is required on a class A, B or C license to permit the licensee to operate a vehicle authorized to tow more than one (1) trailer.

(b) "Endorsement H — Hazardous material" means this endorsement is required on a class A, B or C license if the driver is operating a vehicle used in the transportation of materials found to be hazardous according to the hazardous material transportation act and which requires the motor vehicle to be placarded under the federal hazardous materials regulations 49 CFR part 172, subpart F.

(c) "Endorsement P — Passenger" means this endorsement is required on a class A, B or C license to permit the licensee to operate a vehicle designed to transport sixteen (16) or more people including the driver.

(d) "Endorsement N — Tank vehicle" means this endorsement is required on a class A, B or C license to permit the licensee to operate a tank vehicle as defined in section 49-123, Idaho Code.

(e) "Endorsement M — Motorcycle" means this endorsement is required on a driver's license to permit the driver to operate a motorcycle or motor-driven cycle.

(f) "Endorsement S — School bus" means this endorsement is required on a class A, B or C license to permit the licensee to operate a school bus in accordance with 49 CFR part 383, to transport preprimary, primary or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.

(20) "Driveway" means a private road giving access from a public way to a building on abutting grounds.

(21) "Dromedary tractor" means every motor vehicle designed and used primarily for drawing a semitrailer and so constructed as to carry manifested cargo in addition to a part of the weight of the semitrailer.

History:

[49-105, added 1988, ch. 265, sec. 2, p. 554; am. 1989, ch. 88, sec. 3, p. 156; am. 1989, ch. 285, sec. 1, p. 699; am. 1989, ch. 310, sec. 2, p. 772; am. 1990, ch. 45, sec. 3, p. 74; am. 1991, ch. 89, sec. 1, p. 197; am. 1991, ch. 272, sec. 2, p. 687; am. 1992, ch. 115, sec. 1, p. 346; am. 1993, ch. 300, sec. 1, p. 1106; am. 1994, ch. 234, sec. 1, p. 729; am. 1996, ch. 270, sec. 1, p. 873; am. 1996, ch. 371, sec. 1, p. 1247; am. 1997, ch. 80, sec. 3, p. 173; am. 1997, ch. 155, sec. 1, p. 439; am. 1998, ch. 110, sec. 6, p. 383; am. 2000, ch. 469, sec. 109, p. 1563; am. 2005, ch. 183, sec. 1, p. 558; am. 2005, ch. 352, sec. 4, p. 1096; am. 2006, ch. 42, sec. 4, p. 124; am. 2008, ch. 106, sec. 1, p. 294; am. 2008, ch. 198, sec. 1, p. 630; am. 2011, ch. 60, sec. 1, p. 124; am. 2012, ch. 325, sec. 1, p. 894; am. 2014, ch. 91, sec. 1, p. 242.]
Idaho Code § 49-913 — Idaho Code / Title 49 / Chapter 9 / Section 49-913
49-913 LAMP OR FLAG ON PROJECTING LOAD.
Status: in_force

49-913. Lamp or flag on projecting load. Whenever the load upon any vehicle extends to the rear four (4) feet or more beyond the bed or body of the vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in section 49-903, Idaho Code, a red light or lantern plainly visible from a distance of at least five hundred (500) feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of the load a red or fluorescent orange flag a minimum of eighteen (18) inches by eighteen (18) inches and hung so that the flag is visible to the driver of a vehicle approaching from the rear.

History:

[49-913, added 1988, ch. 265, sec. 239, p. 694; am. 2000, ch. 101, sec. 1, p. 222; am. 2019, ch. 94, sec. 1, p. 339.]
Idaho Code § 49-1212 — Idaho Code / Title 49 / Chapter 12 / Section 49-1212
49-1212 EXPRESSED, PERMITTED AND IMPLIED PROVISIONS OF MOTOR VEHICLE LIABILITY POLICY.
Status: in_force

49-1212. Expressed, permitted and implied provisions of motor vehicle liability policy. (1) An owner's policy of liability insurance shall:

(a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is to be granted; and

(b) Insure the person named therein and any other person, as insured, using any such described motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as provided in section 49-117, Idaho Code.

(2) An operator's policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth in subsection (1) of this section with respect to an owner's policy of liability insurance.

(3) A motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

(4) A motor vehicle liability policy shall not insure any liability under any worker's compensation law as provided in title 72, Idaho Code, nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any described motor vehicle nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

(5) Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:

(a) The policy may not be canceled or annulled as to any liability by any agreement between the insurance carrier and the insured after the occurrence of any injury or damage covered by the motor vehicle liability policy.

(b) Satisfaction by the insured of a judgment for injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.

(c) The insurance carrier shall have the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount shall be deductible from the limits of liability referenced in subsection (1)(b) of this section.

(d) The policy and its written application, if any, and any rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between the parties.

(6) Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and any excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants an excess of additional coverage the term "motor vehicle liability policy" shall apply only to that part of the coverage which is required by this section.

(7) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.

(8) Any motor vehicle liability policy may provide for the prorating of the insurance with other valid and collectible insurance.

(9) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one (1) or more insurance carriers, which policies together meet the requirements of this chapter.

(10) Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.

(11) Notwithstanding any other provisions of this section or section 49-2417, Idaho Code, when the negligent operation of a loaned vehicle results in the death or injury to a person or damage to personal property and at the time of the negligent operation of the loaned vehicle the operator is insured under a motor vehicle liability policy complying with the financial responsibility law of this state, then primary coverage for the death of or injury to a person or damage to personal property shall be provided by the operator's motor vehicle liability policy. When an operator's policy provides liability or physical damage coverage for damage to the loaned vehicle, that coverage shall be primary and shall be limited to the lower of the reasonable cost to repair or the owner's actual cost to replace the loaned vehicle. The insurance policy of the owner of the loaned vehicle shall provide secondary or excess coverage for the death of or injury to a person or personal property.

(a) For the purpose of this subsection, "loaned vehicle" means a motor vehicle which is provided for temporary use without charge to the operator by an entity licensed under chapter 16, title 49, Idaho Code, for the purpose of demonstrating the vehicle to the operator as a prospective purchaser, or as a convenience to the operator during the repairing or servicing of a motor vehicle for the operator, regardless of whether such repair or service is performed by the owner of the loaned vehicle or by some other person or business.

(b) Should the owner of a motor vehicle receive any compensation from or on behalf of the operator for the temporary use of the motor vehicle, excluding any compensation provided to the owner as a result of the repairing or servicing of a motor vehicle for the operator, the owner's insurance coverage shall be primary and the operator's motor vehicle insurance shall be secondary or excess.

(12) No motor vehicle liability policy providing coverage beyond state mandated minimum limits shall provide a reduced level of coverage to any insured's family or household member or other authorized user except as provided in section 41-2510, Idaho Code.

History:

[49-1212, added 1988, ch. 265, sec. 302, p. 730; am. 2000, ch. 232, sec. 1, p. 651; am. 2007, ch. 307, sec. 1, p. 859; am. 2013, ch. 217, sec. 1, p. 511.]
Idaho Code § 49-1413 — Idaho Code / Title 49 / Chapter 14 / Section 49-1413
49-1413 PROCEDURE PRESCRIBED NOT EXCLUSIVE.
Status: in_force

49-1413. Procedure prescribed not exclusive. The provisions of this chapter shall govern all peace officers in making arrests without a warrant for misdemeanor violations of the provisions of this title, but the procedure prescribed shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.

History:

[49-1413, added 1988, ch. 265, sec. 349, p. 748.]
Idaho Code § 49-2903 — Idaho Code / Title 49 / Chapter 29 / Section 49-2903
49-2903 DUTIES OF THE INTERAGENCY WORKING GROUP.
Status: in_force

49-2903. Duties of the interagency working group. (1) The interagency working group shall provide recommendations to the department of agriculture in order for that department to establish criteria for evaluating intermodal projects of significance to the state, and the interagency working group shall continue to monitor projects for which it provides assistance to the department of agriculture.

(2) The interagency working group shall provide recommendations to the department of agriculture in order for the department to develop criteria for prioritizing freight rail and intermodal projects that meet the minimum eligibility requirements for state financial support from the revolving loan fund created in section 49-2904, Idaho Code. Project criteria should consider the level of local financial commitment to the project as well as the cost/benefit ratio. Railroads, shippers, intermodal commerce authorities as defined in chapter 22, title 70, Idaho Code, and others who benefit from the project should participate financially to the greatest extent practicable.

(3) The interagency working group shall provide the assistance necessary for the department to ensure that the state maintains a contingent interest in any equipment, property, rail line, or facility that has outstanding grants or loans. The owner of a qualified line as defined in section 49-2904, Idaho Code, shall not use the line as collateral, remove track, bridges or associated elements for salvage, or use it in any other manner subordinating the state's interest until any loan made to the owner pursuant to this chapter has been repaid in full. As the state is not a primary lender of money, it is understood the state may need to take a subordinate position for its contingent interest.

History:

[(49-2903) 49-2902, added 2001, ch. 348, sec. 2, p. 1225; am. and redesig. 2006, ch. 413, sec. 4, p. 1253; am. 2007, ch. 339, sec. 3, p. 992; am. 2007, ch. 360; sec. 17, p. 1076; am. 2008, ch. 27, sec. 12, p. 52.]
Idaho Code § 49-927 — Idaho Code / Title 49 / Chapter 9 / Section 49-927
49-927 NUMBER OF DRIVING LAMPS REQUIRED OR PERMITTED.
Status: in_force

49-927. Number of driving lamps required or permitted. (1) At all times specified in section 49-903, Idaho Code, at least two (2) lighted lamps shall be displayed, one (1) on each side at the front of every motor vehicle other than a motorcycle or motor-driven cycle, except when the vehicle is parked subject to the requirements governing lights on parked vehicles.

(2) Whenever a motor vehicle equipped with required head lamps is also equipped with any auxiliary lamps, a spot lamp, or any other lamp on the front projecting a beam of intensity greater than three hundred (300) candlepower, not more than a total of four (4) lamps on the front of a vehicle shall be lighted at any one (1) time when upon a highway.

History:

[49-927, added 1988, ch. 265, sec. 253, p. 702.]
Idaho Code § 49-1308 — Idaho Code / Title 49 / Chapter 13 / Section 49-1308
49-1308 FILING FALSE ACCIDENT REPORTS.
Status: in_force

49-1308. Filing false accident reports. It is unlawful for any person to file an accident report knowing the same to be false.

History:

[49-1308, added 1988, ch. 265, sec. 329, p. 742.]
Idaho Code § 49-623 — Idaho Code / Title 49 / Chapter 6 / Section 49-623
49-623 AUTHORIZED EMERGENCY OR POLICE VEHICLES.
Status: in_force

49-623. Authorized emergency or police vehicles. (1) The driver of an authorized emergency or police vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated.

(2) The driver of an authorized emergency or police vehicle may:

(a) Park or stand, irrespective of the parking or standing provisions of this title;

(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(c) Exceed the maximum speed limits so long as he does not endanger life or property;

(d) Disregard regulations governing direction of movement or turning in specified directions.

(3) The exemptions granted to an authorized emergency or police vehicle shall apply when necessary to warn and to make use of an audible signal having a decibel rating of at least one hundred (100) at a distance of ten (10) feet and/or is displaying a flashing light visible in a 360 degree arc at a distance of one thousand (1,000) feet under normal atmospheric conditions.

(4) The foregoing provisions shall not relieve the driver of an authorized emergency or police vehicle from the duty to drive with due regard for the safety of all persons, nor shall these provisions protect the driver from the consequences of his reckless disregard for the safety of others.

(5) The foregoing provisions shall apply to the driver of an authorized emergency or police vehicle of another state of the United States who enters this state in response to an emergency call, or when in the fresh pursuit of a suspected felon as provided in section 19-701, Idaho Code, or when responding to but not upon returning from a fire alarm.

History:

[49-623, added 1988, ch. 265, sec. 155, p. 659; am. 2010, ch. 138, sec. 2, p. 292.]
Idaho Code § 49-2901 — Idaho Code / Title 49 / Chapter 29 / Section 49-2901
49-2901 RURAL ECONOMIC DEVELOPMENT AND INTEGRATED FREIGHT TRANSPORTATION PROGRAM.
Status: in_force

49-2901. Rural economic development and integrated freight transportation program. (1) The Idaho rural economic development and integrated freight transportation program is hereby established. The Idaho department of agriculture is designated and authorized to administer the rural economic development and integrated freight transportation program.

(2) State funding for rural freight transportation service projects shall benefit the state's interest by assisting businesses and industries to develop and expand their operations in shipping freight and products to market. The state's interest is served by maintaining competitive transportation services for Idaho freight shippers, reducing public roadway maintenance and repair costs, increasing economic development opportunities, increasing domestic and international trade, creating and preserving jobs, and enhancing safety. State funding for projects is contingent upon appropriate private sector partnerships with state and local governments, participation and cooperation. Before recommending the spending of these dedicated state moneys on intermodal projects, the Idaho department of agriculture shall seek federal, local and private funding and participation to the greatest extent possible. Whenever possible, the department shall seek to assist a private sector solution for the implementation of this chapter.

History:

[49-2901, added 2001, ch. 348, sec. 2, p. 1225; am. 2006, ch. 413, sec. 2, p. 1252; am. 2007, ch. 339, sec. 1, p. 990; am. 2007, ch. 360, sec. 15, p. 1075.]
Idaho Code § 49-1617 — Idaho Code / Title 49 / Chapter 16 / Section 49-1617
49-1617 PROTESTS — HEARINGS — COSTS.
Status: in_force

49-1617. Protests — Hearings — Costs. (1) Within twenty (20) days of the completion of mediation, a dealer may file with the department to protest:

(a) The termination, cancellation, or nonrenewal of a franchise;

(b) The establishment or relocation of a dealership;

(c) A refusal to honor the appointment of a designated family member pursuant to section 49-1615, Idaho Code;

(d) A refusal to honor a proposed modification of a dealer sales and service agreement; or

(e) For the resolution of any other dispute between a manufacturer or distributor and a new vehicle dealer alleged to arise from a violation of Idaho law.

(2) When a protest is filed, the department shall inform the manufacturer or distributor that a timely protest has been filed and the manufacturer or distributor shall have twenty (20) days to respond to the protest.

(3) All costs of the department, including the cost of the hearing officer and the cost of preparing the record, shall be apportioned by the hearing officer. The hearing officer may in his discretion award costs to the prevailing party. A dealer suffering pecuniary loss because of a violation of this chapter, upon prevailing in a protest action for such violation, shall be entitled to costs and reasonable attorney's fees to be determined by the hearing officer. In the event of a willful violation, a dealer shall be entitled to damages equal to three (3) times the pecuniary loss suffered to be awarded by the hearing officer or by the court.

(4) The office of administrative hearings shall appoint a hearing officer to preside over and conduct the protest as a contested case hearing under the provisions of chapter 52, title 67, Idaho Code. In such a hearing:

(a) The manufacturer or distributor has the burden of proof to establish good cause as provided in subsection (5) of this section. This shall include but not be limited to termination, cancellation, or nonrenewal of any franchise agreement by the manufacturer or distributor for insolvency, license revocation, conviction of a felony, fraud by a dealer, or failure by a dealer to comply with a provision of the franchise agreement where the provision is both reasonable and of material significance to the franchise agreement relationship.

(b) The rules of evidence for a protest hearing are the same as those found in chapter 52, title 67, Idaho Code.

(c) The hearing officer may issue subpoenas, administer oaths, and compel the attendance of witnesses and production of books, papers, documents, and all other evidence and may apply to the district court of the county in which the hearing is held for a court order enforcing this section.

(d) The hearing shall be conducted pursuant to chapter 52, title 67, Idaho Code.

(e) A transcript of the testimony of each witness taken at the hearing must be made and preserved.

(f) Within sixty (60) days after the hearing, the hearing officer shall issue a preliminary order pursuant to section 67-5245, Idaho Code. The preliminary order shall be deemed a final order upon issuance.

(g) Any party to a hearing before the department may appeal pursuant to the applicable provisions of chapter 52, title 67, Idaho Code.

(h) The manufacturer or distributor shall not terminate a dealership, establish a new dealership, relocate a dealership, discontinue an existing franchise, or take any other proposed action described in this chapter until a final decision has been rendered and all appellate remedies available to the dealer have been exhausted. The manufacturer or distributor and the dealer shall abide by the terms of the franchise agreement and Idaho law during the appeals process.

(5)(a) In determining whether good cause has been established for terminating or not continuing a franchise agreement, all existing circumstances shall be taken into account, including but not limited to:

(i) The dealer's sales in relation to the Idaho market that are essential, reasonable, and not discriminatory and that take into account the dealer's local market variations beyond adjusting for the local popularity of general vehicle types and whether the manufacturer or distributor has supplied the dealer with new vehicles or new vehicle parts or accessories in a reasonable time and in sufficient quantity to permit the dealer to meet the manufacturer's or distributor's minimum sales requirements;

(ii) Investment necessarily made and obligations incurred by the dealer in the performance of the dealer's part of the franchise;

(iii) The permanency of the investment;

(iv) Whether it is injurious to the public welfare for the business of the dealer to be discontinued;

(v) Whether the dealer has adequate new motor vehicle facilities, equipment, parts, and qualified management, sales, and service personnel to reasonably provide consumer care for the new motor vehicles sold at retail by the dealer and any other new motor vehicle of the same line make;

(vi) Whether the dealer refuses to honor warranties of the manufacturer or distributor to be performed by the dealer if the manufacturer or distributor reimburses the dealer for warranty work performed by the dealer pursuant to this section; and

(vii) Actions by the dealer, which shall include but not be limited to: insolvency, license revocation, conviction of a felony, or fraud by a dealer that result in a material breach of the written and uniformly applied requirements of the franchise agreement that are reasonable and material.

(b) Notwithstanding the terms, provisions, or conditions of the franchise agreement, the following do not constitute good cause for the termination or noncontinuance of a franchise:

(i) A change in ownership arising from the retirement, death, or incapacity of an owner who is not listed in the franchise as one on whose expertise and abilities the manufacturer or distributor relied in the granting of the franchise;

(ii) The fact that the dealer:

1. Owns, has an investment in, participates in the management of, or holds a franchise agreement for the sale or service of another make or line of motor vehicles; or

2. Has established another make or line of new motor vehicles or service in the same dealership facilities as those of the manufacturer or distributor that existed prior to January 1, 1997, or is approved in writing by the manufacturer or distributor;

(iii) The fact that the dealer refused to order, purchase, or accept delivery of a new motor vehicle, part, accessory, or any other commodity or service not ordered by the dealer or refused to order, purchase, or accept delivery of any new vehicle with special features, accessories, or equipment not included in the list price of such vehicles as publicly advertised by the manufacturer or distributor;

(iv) The failure of a dealer to:

1. Establish or maintain exclusive facilities, personnel, or display space;

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

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

(v) The desire of a manufacturer or distributor or a manufacturer's or distributor's representative for greater market penetration or to alter the number of the manufacturer's or distributor's or manufacturer's or distributor's representative's franchises or dealer locations.

(c) In making a determination of whether there is good cause for permitting a proposed modification of a dealer sales and service agreement or a dealer's relevant market area, the burden of proof shall be on the manufacturer or distributor, except that the burden of proof with regard to the factors set forth in this subsection shall be on the dealer, and the department shall consider any relevant factors, including:

(i) The reasons for the proposed modification;

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

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

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

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

(vi) The pattern of new vehicle sales and registrations of the affected manufacturer, distributor, or factory branch within various portions of the area of sales effectiveness and within the market as a whole;

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

(viii) The presence or absence of natural geographical obstacles or boundaries, such as rivers;

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

(x) The reasonableness of the change or proposed change to the dealer's area of sales effectiveness, considering the benefits and harm to the petitioning dealer, other same line make dealers, and the manufacturer, distributor, or factory branch.

(d) In determining whether good cause exists for a refusal to accept a dealer successor appointed pursuant to section 49-1615, Idaho Code, the manufacturer or distributor has the burden of proving that the appointed successor is not of good moral character or does not meet the manufacturer's or distributor's existing, reasonable, and uniformly applied standards and, considering the volume of sales and service of the dealership, uniformly applied minimum business experience standards in the consumer consumption channel.

(e) In determining whether good cause was established for not entering into an agreement or relocating an additional franchise for the same line make, the department shall take into consideration the existing circumstances within the existing franchise's relevant market area, including:

(i) Permanency of the investment of both the existing and proposed franchises;

(ii) Investment necessarily made and obligations incurred by other existing franchisees of the same line make in that relevant market area in the performance of their part of their franchise agreements and the date of such investment made and obligations incurred by such franchisees in relation to the date of appointment of the additional franchisee;

(iii) Growth or decline in population and new car registrations in the consumer consumption area and whether the population and demographic characteristics of that relevant market area have changed since appointment of the other existing franchisees sufficiently to support the economic viability of both the other existing franchisees and the additional franchisee;

(iv) Effect on the consuming public in the relevant market area and whether the other existing franchisees of the same line make in that relevant market area are substantially compliant with reasonable manufacturer or distributor requirements in providing adequate consumer care, including satisfactory new vehicle dealer sales and service facilities, special and essential tools and equipment, replacement parts supply, and qualified management, sales, and service personnel, for the new motor vehicle products of the line make and whether sufficient qualified management, sales, and trained service personnel to satisfy the reasonable requirements of the manufacturer or distributor for the other existing franchisees and the additional franchisee are available in that relevant market area;

(v) Whether it is injurious or beneficial to the public welfare for an additional franchise to be established;

(vi) Whether the franchises for the same line make in that relevant consumption area are providing adequate competition and convenient customer care for the vehicles of the line make in the market area, which shall include the adequacy of vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified service personnel;

(vii) Whether the establishment of an additional franchise would increase competition and be in the public interest; and

(viii) Whether the manufacturer's or distributor's action is in good faith.

History:

[49-1617, added 2023, ch. 122, sec. 3, p. 350.]
Idaho Code § 49-517 — Idaho Code / Title 49 / Chapter 5 / Section 49-517
49-517 PRINTING AND FORM OF CERTIFICATES.
Status: in_force

49-517. Printing and form of certificates. (1) All certificates of title shall be printed upon safety paper to be selected by the department, and shall be in such form as the department shall prescribe.

(2) When substantiated by a written agreement as provided in section 49-505, Idaho Code, the department may create a paperless electronic record of a certificate of title in place of issuing a paper document whenever a lien is to be recorded; however, upon written demand from the owner and payment of the fee as provided in subsection (2)(b) of section 49-202, Idaho Code, the department shall issue a paper certificate of title.

(3) In the absence of a certificate of title, the computer records of the department shall be the original title document.

History:

[49-517, added 1988, ch. 265, sec. 132, p. 651; am. 1993, ch. 298, sec. 5, p. 1099.]
Idaho Code § 49-420A — Idaho Code / Title 49 / Chapter 4 / Section 49-420A
49-420A IDAHO STATE CAPITOL COMMISSION PLATES.
Status: in_force

49-420A. Idaho state capitol commission plates. (1) On and after January 1, 2002, 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 state capitol commission 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 Idaho state capitol commission 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 chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited by the state treasurer in the capitol maintenance reserve fund established in section 67-1610A, Idaho Code, and shall be used exclusively for the purposes of chapter 16, title 67, Idaho Code.

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

(5) Notwithstanding the provisions of section 49-402C, Idaho Code, the Idaho state capitol commission license plate shall be of a color and design acceptable to the Idaho state capitol commission, except that the word "Idaho" shall appear on each plate and the county designator shall be omitted to provide for distinguishing designs and slogans. The design shall be approved by the department, utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho state capitol commission.

(6) Sample Idaho state capitol commission license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be deposited in the Idaho capitol endowment income fund. No additional fee shall be charged for personalizing sample plates.

History:

[49-420A, added 2001, ch. 281, sec. 2, p. 1012; am. 2005, ch. 309, sec. 1, p. 960; am. 2008, ch. 14, sec. 1, p. 20; am. 2013, ch. 111, sec. 4, p. 267.]
Idaho Code § 49-619 — Idaho Code / Title 49 / Chapter 6 / Section 49-619
49-619 SLOW MOVING VEHICLES — RESTRICTIONS AND EXCEPTIONS, EQUIPMENT — EMBLEMS ON CERTAIN MACHINERY — LIMITED EXEMPTION.
Status: in_force

49-619. Slow moving vehicles — Restrictions and exceptions, equipment — Emblems on certain machinery — Limited exemption. (1) It shall be unlawful to operate a slow moving vehicle on the highways at the following times and under the following circumstances:

(a) From one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, unless the vehicle or equipment is equipped with lights as required by section 49-916, Idaho Code;

(b) At a speed in excess of twenty-five (25) miles per hour, unless the vehicle or equipment, including towed units of farm equipment, is designed to safely travel at speeds in excess of twenty-five (25) miles per hour, but no such vehicle or equipment shall exceed the posted maximum speed limit and shall be operated by a licensed driver; and

(c) In such a manner as to obstruct the free movement of traffic on the highways except when no safe and reasonable designated turnout or location exists for a slow moving vehicle, farm tractor, construction equipment, or implement of husbandry to temporarily exit the roadway or otherwise allow traffic to pass.

(2) A slow moving vehicle shall be equipped with a braking system and with a mechanical signaling device as required for other similarly constructed vehicles.

(3) All slow moving vehicles, farm tractors, road rollers, and implements of husbandry shall have affixed at the rear of the vehicle an emblem identifying them as slow moving equipment. The Idaho traffic safety commission shall recommend to the board the minimum standards for the emblem.

(4) Emergency and snow removal vehicles owned and operated by the state or its political subdivisions when en route to, from, or in the performance of activities essential to the public safety, shall be exempt from the provisions of paragraphs (a) and (c) of subsection (1) of this section.

History:

[49-619, added 1988, ch. 265, sec. 154, p. 659; am. 2004, ch. 174, sec. 1, p. 552; am. 2026, ch. 120, sec. 1, p. 601.]
Idaho Code § 49-420B — Idaho Code / Title 49 / Chapter 4 / Section 49-420B
49-420B LEWIS AND CLARK COMMEMORATIVE PLATES.
Status: in_force

49-420B. Lewis and Clark commemorative 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 Lewis and Clark commemorative 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 Lewis and Clark commemorative 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 for deposit to the governor's Idaho Lewis and Clark trail committee fund created in section 67-8601, Idaho Code, and shall be used exclusively for the purposes described in section 67-8601, Idaho Code.

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

(4) The Lewis and Clark commemorative license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. That portion of the design which features Lewis and Clark and other commemorative aspects of their trail and journeys shall be acceptable to the governor's Lewis and Clark advisory board, 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 from the Lewis and Clark trail committee fund.

(5) Sample Lewis and Clark commemorative 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 governor's Idaho Lewis and Clark trail committee fund. No additional fee shall be charged for personalizing sample plates.

History:

[49-420B, added 2000, ch. 200, sec. 5, p. 496; am. 2001, ch. 73, sec. 10, p. 161.]
Idaho Code § 49-221 — Idaho Code / Title 49 / Chapter 2 / Section 49-221
49-221 REMOVAL OF TRAFFIC HAZARDS.
Status: in_force

49-221. Removal of traffic hazards. (1) It shall be the responsibility of the owner of real property to remove from his property any hedge, shrubbery, fence, wall or other sight obstructions of any nature, except public traffic or highway signs, buildings and trees, where these sight obstructions constitute a potential traffic hazard. The above sight obstructions shall not extend more than three (3) feet, or less than ten (10) feet, in height above the existing center line highway elevation within the vision triangle of vehicle operators. The boundaries of the vision triangle are defined by measuring from the intersection of the edges of two (2) adjacent highways forty (40) feet along each highway and connecting the two (2) points with a straight line. The sight distance obstruction restriction is also applicable to railroad-highway grade crossings with vision triangle defined by measuring forty (40) feet along the railroad property line when intersecting with a highway.

(2) When the department or any local authority determines that a traffic hazard exists, it may notify the owner and order that the hazard be removed within an appropriate time as determined by the department or local authority, considering the circumstances and conditions involved. The appropriate time may be specified in the notice. Such notice shall not obligate the department or local authorities to pursue removal or abatement until all legal remedies are exhausted.

(3) The failure of the owner to remove the traffic hazard within the appropriate specified time shall constitute a misdemeanor and every day the owner shall fail to remove the obstruction may be considered a separate and distinct offense. Civil action may also be initiated by state or local officials to enforce vision triangle restrictions.

(4) Local officials may, by resolution or ordinance, establish standards and procedures for protecting vision triangles at the intersections of local streets and roads. Such locally adopted standards or procedures, which may be more or less restrictive than the provisions hereof, shall not modify the standards established by this section concerning intersections with state maintained highways and intersections with railroads.

History:

[49-221, added 1988, ch. 265, sec. 17, p. 583; am. 1998, ch. 408, sec. 1, p. 1265.]
Idaho Code § 49-337 — Idaho Code / Title 49 / Chapter 3 / Section 49-337
49-337 EMPLOYEE AND EMPLOYER RESPONSIBILITIES.
Status: in_force

49-337. Employee and employer responsibilities. (1) Any operator of a commercial motor vehicle or any person who holds a class A, B or C driver's license issued by this state, and who is convicted of violating any state law or local ordinance in any other state relating to motor vehicle traffic control, other than parking violations, such person shall notify the department of the conviction in the manner specified by the department within thirty (30) days of the date of conviction.

(2) Any operator of a commercial motor vehicle or any person who holds a class A, B or C driver's license issued by this state, and who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, such person shall notify his employer in writing of the conviction within thirty (30) days of the date of conviction.

(3) Each employee whose class A, B or C driver's license is suspended, revoked, denied, refused or canceled by this state or who loses the privilege to operate a commercial motor vehicle in any state for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify his employer of that fact before the end of the business day following the day the employee received notice of that fact.

(4) Each person who applies for employment as an operator of a commercial motor vehicle with an employer shall provide notification to the employer, at the time of application, of his previous employment as an operator of a commercial motor vehicle. The period of previous employment of which notification must be given shall be the ten (10) year period ending on the date of application for employment.

(5) No employer shall knowingly allow, permit, require or authorize an employee to operate a commercial motor vehicle in the United States during any period:

(a) In which the employee has a driver's license suspended, revoked or canceled by a state, has lost the privilege to operate a commercial motor vehicle in a state or has been disqualified from operating a commercial motor vehicle; or

(b) In which the employee has more than one (1) driver's license; or

(c) In which the employee, or the motor vehicle being driven, or the motor carrier operation, is subject to an out-of-service order.

(6) An employer who is convicted of a violation of subsection (5)(c) of this section shall be subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) nor more than twenty-five thousand dollars ($25,000).

(7) No employer shall knowingly allow, permit, require or authorize an employee to operate a commercial motor vehicle in the United States in violation of any federal, state or local law or federal regulation pertaining to railroad grade crossings. An employer who is convicted of a violation of this subsection (7) shall, in addition to the general penalties provided for in this title, be subject to a civil penalty of not more than ten thousand dollars ($10,000).

(8) Each employer shall require the information specified in subsection (4) of this section to be provided by the employee.

History:

[49-337, added 1989, ch. 88, sec. 45, p. 188; am. 1996, ch. 371, sec. 15, p. 1267; am. 1999, ch. 81, sec. 16, p. 260; am. 2002, ch. 181, sec. 2, p. 529; am. 2006, ch. 164, sec. 9, p. 497; am. 2009, ch. 155, sec. 2, p. 455.]
Idaho Code § 49-1401 — Idaho Code / Title 49 / Chapter 14 / Section 49-1401
49-1401 RECKLESS DRIVING.
Status: in_force

49-1401. Reckless driving. (1) Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property; who passes when there is a line in his lane indicating a sight distance restriction; or who drives a vehicle at a speed greater than twenty (20) miles per hour over the posted speed limit in an active school zone when children are present and visible or an active construction zone when workers are present and visible shall be guilty of reckless driving and upon conviction shall be punished as provided in subsection (2) of this section.

(2) Every person who pleads guilty to or is found guilty of reckless driving for the first time is guilty of a misdemeanor and may be sentenced to jail for not more than six (6) months or may be fined not more than one thousand dollars ($1,000), or may be punished by both fine and imprisonment. Every person who pleads guilty to or is found guilty of reckless driving, who has previously been found guilty of or has pled guilty to reckless driving, or any substantially conforming foreign criminal violation within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a misdemeanor and may be sentenced to jail for not more than one (1) year or may be fined not more than two thousand dollars ($2,000), or may be punished by both fine and imprisonment. The department shall suspend the driver's license or privileges of any such person as provided in section 49-326, Idaho Code.

(3) Inattentive driving shall be considered a lesser offense than reckless driving and shall be applicable in those circumstances where the conduct of the operator has been inattentive, careless or imprudent, in light of the circumstances then existing, rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle operator's conduct is slight. Every person convicted of inattentive driving under this section shall be guilty of a misdemeanor and may be sentenced to jail for not more than ninety (90) days or may be fined not more than three hundred dollars ($300), or may be punished by both fine and imprisonment.

History:

[49-1401, added 1988, ch. 265, sec. 337, p. 744; am. 1989, ch. 88, sec. 53, p. 191; am. 1992, ch. 115, sec. 32, p. 375; am. 2005, ch. 119, sec. 1, p. 379; am. 2006, ch. 71, sec. 21, p. 224; am. 2026, ch. 178, sec. 1, p. 819.]
Idaho Code § 49-908 — Idaho Code / Title 49 / Chapter 9 / Section 49-908
49-908 STOP LAMPS AND TURN SIGNALS REQUIRED ON MOTOR VEHICLES.
Status: in_force

49-908. Stop lamps and turn signals required on motor vehicles. (1) After December 31, 1986, it shall be unlawful for any person to sell any motor vehicle, including any motorcycle or motor-driven cycle, in this state or for any person to drive a vehicle on the highways unless it is equipped with at least one (1) stop lamp meeting the requirements of section 49-919, Idaho Code.

(2) No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after December 31, 1954, unless it is equipped with mechanical or electrical turn signals meeting the requirements of section 49-918, Idaho Code. This subsection shall not apply to a motorcycle or motor-driven cycle.

History:

[49-908, added 1988, ch. 265, sec. 233, p. 691.]
Idaho Code § 49-934 — Idaho Code / Title 49 / Chapter 9 / Section 49-934
49-934 BRAKES ON MOTOR-DRIVEN CYCLES.
Status: in_force

49-934. Brakes on motor-driven cycles. (1) The director is authorized to require an inspection of the brake on any motor-driven cycle and to disapprove any brake which he finds will not comply with the performance standard set forth in section 49-933, Idaho Code, or which in his opinion is not so designed or constructed as to insure reasonable and reliable performance in actual use.

(2) The director may request the department to refuse registration for, or suspend or revoke the registration of any vehicle referred to in this section when he determines that the brake on the vehicle does not comply with the provisions of this section.

(3) No person shall operate on any highway any vehicle referred to in this section in the event the director has disapproved the brake equipment upon that vehicle or type of vehicle.

History:

[49-934, added 1988, ch. 265, sec. 258, p. 705.]
Idaho Code § 49-1612 — Idaho Code / Title 49 / Chapter 16 / Section 49-1612
49-1612 NOTICE OF CHANGE OF ADDRESS.
Status: in_force

49-1612. Notice of change of address. (1) The department shall not issue a dealer's license to any applicant who does not have a principal place of business. Should the dealer change the site or location of his principal place of business, he shall immediately upon making the change notify the department, and a new license shall be granted for the unexpired portion of the term of the license, providing the new location meets all the requirements for a principal place of business. Should a dealer cease to be in possession of a principal place of business from and on which he conducts the business for which he is licensed, he shall immediately notify the department and upon demand by the department shall deliver the dealer's license, which shall be held and retained until it shall be made to appear to the department that the licensee has again come into possession of a principal place of business, whereupon the dealer's license shall be reissued to him, without charge. Nothing in the provisions of this chapter shall be construed to prevent a dealer from conducting the business for which the dealer is licensed at one (1) or more licensed supplemental lots or locations not contiguous to the dealer's principal place of business but operated and maintained in conjunction with it.

(2) The department shall not issue a vehicle manufacturer's license to any applicant who does not have an established place of business within Idaho. Should the vehicle manufacturer change his established place of business within Idaho, the licensee shall immediately upon making the change, notify the department of the location and address of the new established place of business, and a new license shall be granted for the unexpired portion of the term of the license.

History:

[49-1612, added 1988, ch. 265, sec. 385, p. 768; am. 2006, ch. 108, sec. 1, p. 301.]
Idaho Code § 49-1421A — Idaho Code / Title 49 / Chapter 14 / Section 49-1421A
49-1421A HIGH OCCUPANCY VEHICLE LANES — PENALTIES — DEFINITIONS.
Status: in_force

49-1421A. high occupancy vehicle lanes — penalties — definitions. (1) Except as provided in subsections (2) and (3) of this section, a person shall not drive a vehicle carrying fewer than two (2) persons, including the driver, in a high occupancy vehicle lane at any time the use of the high occupancy vehicle lane is restricted to vehicles carrying two (2) or more persons, including the driver.

(2) A person may drive a motorcycle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.

(3) A person may drive a public transportation vehicle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.

(4) A person may drive an emergency vehicle in a high occupancy vehicle lane regardless of the number of passengers, without penalty, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm or when performing normal patrol duties.

(5) A person may drive an authorized maintenance vehicle in a high occupancy vehicle lane regardless of the number of passengers, without penalty, when necessary to perform maintenance of that lane.

(6) Any violation of the provisions of this section shall be an infraction punishable by a fixed penalty of one hundred dollars ($100).

(7) For the purposes of this section, the following terms have the following meanings:

(a) "High occupancy vehicle lane" means a designated lane of laned roadway where the use of such designated lane is restricted to vehicles carrying at least the minimum number of persons as provided for in this section and as designated by the director of the Idaho transportation department as indicated on official signs and other official traffic-control devices.

(b) "Public transportation vehicle" means a vehicle that:

(i) Provides a designated public transportation as defined in section 221 of the Americans with disabilities act of 1990 or provides public school transportation (that is, to and from public or private primary, secondary or tertiary schools); and

(ii) Is owned or operated by a public entity, or is operated under a contract with a public entity, or is operated pursuant to a license by the secretary of the United States department of transportation or an agency of the state of Idaho, to provide motorbus or school vehicle transportation services to the public.

(8) The provisions of this section shall apply only in counties with a population less than twenty-five thousand (25,000), according to the most recent census within the state of Idaho, and where such county includes a resort city authorized to approve certain nonproperty taxes pursuant to section 50-1044, Idaho Code.

History:

[49-1421A, added 2009, ch. 192, sec. 1, p. 626.]
Idaho Code § 49-727 — Idaho Code / Title 49 / Chapter 7 / Section 49-727
49-727 LABELING.
Status: in_force

49-727. labeling. On and after September 1, 2019, manufacturers or distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in arial font in at least 9-point type.

History:

[49-727, added 2019, ch. 84, sec. 9, p. 210.]
Idaho Code § 49-1011 — Idaho Code / Title 49 / Chapter 10 / Section 49-1011
49-1011 EXCEPTION TO WEIGHT AND SIZE LIMITATIONS.
Status: in_force

49-1011. Exception to weight and size limitations. (1) If federal law permits the several states to establish size and weight limits in excess of those prescribed in sections 49-1001 and 49-1010, Idaho Code, the board, as provided in subsection (2) of this section, may authorize the movement on highways under its jurisdiction of vehicles, motor vehicles, trailers and/or semitrailers, or combinations thereof, of a size or weight in excess of the limits prescribed in sections 49-1001 and 49-1010, Idaho Code, but within the limits necessary to qualify for federal-aid highway funds.

(2) The authority granted the board by the provisions of this section shall be exercised by adoption of rules or regulations pursuant to section 40-312, Idaho Code, or by issuance of permits pursuant to section 49-1004, Idaho Code, except that the maximum size and weight limits authorized in this section apply.

(3) The following vehicles may be operated on any highway that is not part of the federal-aid interstate system, up to two thousand (2,000) pounds in excess of any axle, bridge or gross vehicle weight limit established in section 49-1001, Idaho Code, as determined by the vehicle operator:

(a) Farm vehicles;

(b) Vehicles that are operated to transport forest products; and

(c) Refuse or sanitation trucks that are operated by a city, county or state agency, or by a designated agent of the agency, to transport refuse.

Such extra weight shall not apply to posted bridge weights or other seasonal or temporary weight limit postings.

History:

[49-1011, added 1988, ch. 265, sec. 282, p. 723; am. 2013, ch. 350, sec. 1, p. 951; am. 2015, ch. 208, sec. 10, p. 655.]
Idaho Code § 49-203 — Idaho Code / Title 49 / Chapter 2 / Section 49-203
49-203 PROHIBITION ON RELEASE AND USE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE AND DRIVER RECORDS.
Status: in_force

49-203. Prohibition on release and use of personal information contained in motor vehicle and driver records. (1) Except as otherwise provided, the department and any officer, employee, agent or contractor thereof, shall not knowingly disclose to any person or entity personal information about any individual when such information was obtained from a motor vehicle or driver record.

(2) Personal information shall be disclosed, except as restricted in subsection (6) of this section, for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act (15 USC 1231 et seq.), the Motor Vehicle Information and Cost Savings Act (49 USC 32101 et seq.), the National Traffic and Motor Vehicle Safety Act of 1966, the Anti Car Theft Act of 1992, and the Clean Air Act (42 USC 7401 et seq., as amended.)

(3) Personal information may be disclosed if the requesting person demonstrates in such form and manner as the department prescribes, that he has obtained the written consent of the individual to whom the personal information pertains.

(4) Personal information may be disclosed, except as restricted in subsection (6) of this section, on proof of the identity of the person requesting a record, and representation by such person that the use of the personal information will be strictly limited to any of the following described uses:

(a) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions.

(b) For use in matters of motor vehicle or driver safety and theft; motor vehicle emissions, motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities, including survey research; and removal of nonowner records from the original records of motor vehicle manufacturers.

(c) For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only:

(i) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors; and

(ii) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against, the individual.

(d) For use in connection with any civil, criminal, administrative or arbitral proceeding in any federal, state or local court or agency or before any self-regulatory body, including the services of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court.

(e) For use in research activities, and for use in producing statistical reports, so long as personal information is not published, redisclosed or used to contact individuals.

(f) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees or contractors, in connection with claims investigation activities, rating or underwriting.

(g) For use in providing notice to the owners of towed or impounded vehicles.

(h) For use by any licensed private investigative agency or licensed security service for any purpose permitted under the provisions of title 49, Idaho Code.

(i) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 USC 31101 et seq.).

(j) For bulk distribution for surveys, marketing, or solicitations if the department has obtained the written consent of the person to whom such personal information pertains.

(k) For any other use specifically authorized under Idaho Code, if such use is related to public safety or the operation of a motor vehicle.

(l) For use in connection with the operation of private toll transportation facilities, including companies that operate parking facilities for the purpose of providing notice to the owners of vehicles who have used the facility.

(5) Personal information obtained in an individual's motor vehicle or driver record shall be disclosed, except as restricted in subsection (6) of this section, in response to requests for individual motor vehicle or driver records without regard to the intended use of such personal information if the department has obtained the written consent of the person to whom such personal information pertains.

(6) In addition to the restrictions and prohibitions on the disclosure of personal information contained in motor vehicle and driver records, an individual's photograph, digitized image of a photograph, digitized signature, social security number, and medical or disability information shall not be disclosed without the written consent of the person to whom such information pertains, except for uses permitted under subsections (4)(a) and (4)(d) of this section.

(7) Authorized recipients of personal information may redisseminate such information only for those purposes set forth in paragraphs (a) through (l) of subsection (4) of this section. For the purposes of this subsection (7), "authorized recipients" means an individual, organization or entity who receives personal information for uses permitted in paragraphs (a) through (l) of subsection (4) of this section and includes record redisseminators who agree to redisseminate such information only for the purposes set forth in paragraphs (a) through (l) of subsection (4) of this section.

History:

[49-203, added 1997, ch. 80, sec. 8, p. 185; am. 2000, ch. 51, sec. 1, p. 98; am. 2000, ch. 52, sec. 1, p. 100]
Idaho Code § 49-310 — Idaho Code / Title 49 / Chapter 3 / Section 49-310
49-310 APPLICATIONS OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS.
Status: in_force

49-310. Applications of persons under the age of eighteen years. (1) The application of any person under the age of eighteen (18) years for any class D instruction permit, restricted driver's license, restricted school attendance driving permit, driver training instruction permit or driver's license shall be signed and verified before a person authorized to administer oaths by either the father or mother of the applicant, if both are living and have custody of him; or if either be dead, then by the surviving parent who has custody of him; or by the Idaho resident host of a foreign exchange student, or in the event neither parent is living, or if living and does not have the custody of the applicant, then by the person or guardian having such custody, with verifiable custody or guardianship documents, or by an employer of the applicant. In the event there is no guardian or employer, then some other responsible person willing to assume the obligation for the applicant may sign the application. Any person who signs the applicant's application shall attest that the applicant is in compliance with the school attendance provisions of section 49-303A, Idaho Code. When the minor person applies for a class D driver's license, a parent or guardian or a person authorized by the parent or guardian shall attest that the minor person has satisfied the requirements and conditions applicable to the class D supervised instruction permit pursuant to section 49-307, Idaho Code. The person willing to assume responsibility for the applicant must be at least eighteen (18) years of age. When signing for a restricted school attendance driving permit, the person signing the applicant's application shall attest that the conditions set forth within section 49-307A, Idaho Code, are met. Each application for a restricted school attendance driving permit shall also be signed by the local county sheriff, the president of the board of trustees of the local school district, and the school principal of the applicant's school, verifying that the conditions set forth within section 49-307A, Idaho Code, are met.

(2) Any negligence or willful misconduct of a person under the age of eighteen (18) years when operating a motor vehicle upon a highway shall be imputed to the person who signed the application of that person for a permit or driver's license, and that person shall be jointly and severally liable with the permit or driver's license holder for any damage caused by negligence or willful misconduct, except as otherwise provided by law.

(3) In the event a permit or driver's license holder under the age of eighteen (18) years maintains, or there is maintained upon his behalf, proof of financial responsibility as required under the motor vehicle financial responsibility laws of this state, or by the director if the form and amount is not fixed by law, then the department may accept the application when signed by one (1) parent or guardian of the applicant, and while that proof is maintained, the parent or guardian shall not be subject to liability for the negligence or willful misconduct of the person under the age of eighteen (18) years, as imposed under subsection (2) of this section.

(4) Any person who has signed the application of a minor for a permit or driver's license shall be liable civilly for the payment of any court penalty imposed because the minor has been found to have committed an infraction violation. The provisions of this section shall not apply or create any civil liability for the person signing the application in connection with any pedestrian, bicycle, or electric-assisted bicycle infraction, and provided this subsection shall not apply to any civil action where the plaintiff is other than the state of Idaho.

History:

[49-310, added 1988, ch. 265, sec. 44, p. 594; am. 1989, ch. 88, sec. 22, p. 176; am. 1992, ch. 115, sec. 11, p. 363; am. 1996, ch. 348, sec. 5, p. 1166; am. 1999, ch. 81, sec. 10, p. 252; am. 2000, ch. 214, sec. 9, p. 597; am. 2002, ch. 235, sec. 5, p. 703; am. 2002, ch. 357, sec. 1, p. 1014; am. 2014, ch. 92, sec. 2, p. 251; am. 2019, ch. 84, sec. 5, p. 208.]