Idaho Code § 49-2501 — Idaho Code / Title 49 / Chapter 25 / Section 49-2501
49-2501 ENACTMENT OF COMPACT.
Status: in_force

49-2501. Enactment of compact. The nonresident violator compact hereinafter called "the compact" is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

NONRESIDENT VIOLATOR COMPACT

ARTICLE I

Findings and Declaration of Policy

(1) The party jurisdictions find that:

(a) In most instances, a motorist who is cited for a traffic violation in a jurisdiction other than his home jurisdiction must post collateral or bond to secure appearance for trial at a later date; or if unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or is taken directly to court for his trial to be held. In some instances, the motorist's driver's license may be deposited as collateral to be returned after he has complied with the terms of the citation. The purpose of the practices described is to ensure compliance with the terms of a traffic citation by the motorist who, if permitted to continue on his way after receiving the traffic citation, could return to his home jurisdiction and disregard his duty under the terms of the traffic citation.

(b) A motorist receiving a traffic citation in his home jurisdiction is permitted, except for certain violations, to accept the citation from the officer at the scene of the violation and to immediately continue on his way after promising or being instructed to comply with the terms of the citation.

(c) The practice described in paragraph (a) of this subsection causes unnecessary inconvenience and, at times, a hardship for the motorist who is unable at the time to post collateral, furnish a bond, stand trial or pay the fine, and thus is compelled to remain in custody until some arrangement can be made.

(d) The deposit of a driver's license as a bail bond, as described in paragraph (a) of this subsection, is viewed with disfavor.

(e) The practices described herein consume an undue amount of law enforcement time.

(2) It is the policy of the party jurisdictions to:

(a) Seek compliance with the laws, ordinances and administrative rules and regulations relating to the operation of motor vehicles in each of the jurisdictions.

(b) Allow motorists to accept a traffic citation for certain violations and proceed on their way without delay whether or not the motorist is a resident of the jurisdiction in which the citation was issued.

(c) Extend cooperation to its fullest extent among the jurisdictions for obtaining compliance with the terms of a traffic citation issued in one jurisdiction to a resident of another jurisdiction.

(d) Maximize effective utilization of law enforcement personnel and assist court systems in the efficient disposition of traffic violations.

(3) The purpose of this compact is to:

(a) Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate the policies enumerated in subsection (2) hereof in a uniform and orderly manner.

(b) Provide for the fair and impartial treatment of traffic violators operating within party jurisdictions in recognition of the motorist's right of due process and the sovereign status of a party jurisdiction.

ARTICLE II

Definitions

As used in this compact, the following words have the meaning indicated, unless the context requires otherwise:

(1) "Citation" means any summons, ticket or other official document issued by a police officer for a traffic violation containing an order which requires the motorist to respond.

(2) "Collateral" means any cash or other security deposited to secure an appearance for trial, following the issuance by a police officer of a citation for a traffic violation.

(3) "Compliance" means to appear in court or pay the fine and costs specified in the citation or to fulfill an obligation arising from any other option expressly stated upon the citation.

(4) "Court" means a court of law or traffic tribunal.

(5) "Driver's license" means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.

(6) "Home jurisdiction" means the jurisdiction that issued the driver's license of the traffic violator.

(7) "Issuing jurisdiction" means the jurisdiction in which the traffic citation was issued to the motorist.

(8) "Jurisdiction" means a state, territory or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, provinces of Canada or other countries.

(9) "Motorist" means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.

(10) "Personal recognizance" means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation.

(11) "Police officer" means any individual authorized by the party jurisdiction to issue a citation for a traffic violation.

(12) "Terms of the citation" mean those options expressly stated upon the citation.

ARTICLE III

Procedure for Issuing Jurisdiction

(1) When issuing a citation for a traffic violation, a police officer shall issue the citation to a motorist who possesses a driver's license issued by a party jurisdiction and shall not, subject to the exceptions noted in subsection (2) hereof, require the motorist to post collateral to secure appearance, if the officer receives the motorist's personal recognizance that he will comply with the terms of the citation.

(2) Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it should take place immediately following issuance of the citation.

(3) Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report to the licensing authority of the jurisdiction in which the traffic citation was issued of the failure to comply.

(4) Upon receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist, the information in a form and content as contained in the compact manual.

(5) The licensing authority of the issuing jurisdiction need not suspend the privilege of a motorist for whom a report has been transmitted.

(6) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation if the date of transmission is more than six (6) months after the date on which the traffic citation was issued.

(7) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation where the date of issuance of the citation predates the most recent of the effective dates of entry for the two (2) jurisdictions affected.

ARTICLE IV

Procedure for Home Jurisdiction

(1) Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction's procedures, to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority.

(2) The licensing authority of the home jurisdiction shall maintain a record of actions taken and make reports to issuing jurisdictions as provided in the compact manual.

ARTICLE V

Applicability of Other Laws

Except as expressly required by the provisions of this compact, nothing contained herein shall be construed to affect the right of any party jurisdiction to apply any of its other laws relating to license to drive to any person or circumstance, or to invalidate or prevent any driver license agreement or other cooperative arrangements between a party jurisdiction and a nonparty jurisdiction.

ARTICLE VI

Compact Administrator Procedures

(1) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one (1) representative from each party jurisdiction to be known as the compact administrator. The compact administrator shall be appointed by the jurisdiction executive and will serve and be subject to removal in accordance with the laws of the jurisdiction he represents. A compact administrator may provide for the discharge of his duties and the performance of his functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of his identity has been given to the board.

(2) Each member of the board of compact administrators shall be entitled to one (1) vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor. Action by the board shall be only at a meeting at which a majority of the party jurisdictions are represented.

(3) The board shall elect annually, from its membership, a chairman and vice chairman.

(4) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power to amend and rescind its bylaws.

(5) The board may accept for any of its purposes and functions under this compact, any and all donations, grants of money, equipment, supplies, materials and services, conditional or otherwise, from any jurisdiction, the United States or any other governmental agency, and may receive, utilize and dispose of the same.

(6) The board may contract with, or accept services or personnel from any governmental or intergovernmental agency, person, firm or corporation, or any private nonprofit organization or institution.

(7) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the compact manual.

ARTICLE VII

Entry Into Compact and Withdrawal

(1) This compact shall become effective when it has been adopted by at least two (2) jurisdictions.

(a) Entry into the compact shall be made by a resolution of ratification executed by the authorized officials of the applying jurisdiction and submitted to the chairman of the board.

(b) The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows:

1. A citation of the authority by which the jurisdiction is empowered to become a party to this compact.

2. Agreement to comply with the terms and provisions of the compact.

3. That compact entry is with all jurisdictions then party to the compact and with any jurisdiction that legally becomes a party to the compact.

(c) The effective date of entry shall be specified by the applying jurisdiction, but it shall not be less than sixty (60) days after notice has been given by the chairman of the board of compact administrators or by the secretariat of the board to each party jurisdiction that the resolution from the applying jurisdiction has been received.

(2) A party jurisdiction may withdraw from this compact by official written notice to the other party jurisdictions, but a withdrawal shall not take effect until ninety (90) days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member jurisdiction. No withdrawal shall affect the validity of this compact as to the remaining party jurisdictions.

ARTICLE VIII

Exceptions

The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations or violations of law governing the transportation of hazardous materials.

ARTICLE IX

Amendments to the Compact

(1) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the board of compact administrators and may be initiated by one (1) or more party jurisdictions.

(2) Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective thirty (30) days after the date of the last endorsement.

(3) Failure of a party jurisdiction to respond to the compact chairman within one hundred twenty (120) days after receipt of the proposed amendment shall constitute endorsement.

ARTICLE X

Construction and Severability

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

History:

[49-2501, added 1991, ch. 91, sec. 1, p. 205.]
Idaho Code § 49-918 — Idaho Code / Title 49 / Chapter 9 / Section 49-918
49-918 SPOT LAMPS AND AUXILIARY LAMPS.
Status: in_force

49-918. Spot lamps and auxiliary lamps. (1) Any motor vehicle may be equipped with not more than two (2) spot lamps, and each lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred (100) feet ahead of the vehicle.

(2) Any motor vehicle may be equipped with not more than two (2) fog lamps mounted on the front, at a height not less than twelve (12) inches nor more than thirty (30) inches above the level surface upon which the vehicle stands, and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five (25) feet ahead project higher than a level of four (4) inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting these requirements may be used with lower head lamp beams as specified in section 49-922(2), Idaho Code.

(3) Any motor vehicle may be equipped with not more than two (2) auxiliary passing lamps mounted on the front at a height not less than twenty-four (24) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands. The provisions of section 49-922, Idaho Code, shall apply to any combination of head lamps and auxiliary passing lamps.

(4) Any motor vehicle may be equipped with not more than two (2) auxiliary driving lamps mounted on the front at a height not less than sixteen (16) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands. The provisions of section 49-922, Idaho Code, shall apply to any combination of head lamps and auxiliary driving lamps.

History:

[49-918, added 1988, ch. 265, sec. 244, p. 697.]
Idaho Code § 49-1002 — Idaho Code / Title 49 / Chapter 10 / Section 49-1002
49-1002 ALLOWABLE LOAD PER INCH WIDTH OF TIRE.
Status: in_force

49-1002. Allowable load per inch width of tire. (1) Load for inch width of tire for the front steer axle may not exceed the manufacturer's load rating per tire or the load rating of the axle or twenty thousand (20,000) pounds per axle whichever is less. The maximum allowable load for all other vehicle tires operated on any public highway shall not exceed six hundred (600) pounds per inch width of tire and shall not exceed the manufacturer's load rating, whichever is less. The width of a tire shall be determined by the manufacturer's description marked on the sidewall of the tire. Tires on vehicles manufactured prior to July 1, 1987, may exceed the six hundred (600) pounds per inch width of tire limit subject to a maximum of eight hundred (800) pounds per inch width of tire. This section shall not apply to nonreducible overweight and/or oversize vehicles and/or loads as authorized under section 49-1004, Idaho Code.

(2) Except as provided herein, no vehicle or combination of vehicles may proceed past the place of weighing at temporary or permanent ports of entry or checking stations when the weight carried on a single tire, as determined by dividing the weight carried on an axle or group of axles by the number of wheels on the axle or group of axles, exceeds on a single axle the allowable weight above by two thousand (2,000) pounds or more or the weight of a combination of axles exceeds the allowable weight above by seven percent (7%) or more. Vehicles or combinations of vehicles which exceed the weight limitations set forth herein shall be required to be brought into compliance with the applicable weight per inch width of tire contained within this subsection prior to continuing except those vehicles or combinations of vehicles which are transporting loads which, in the determination of the board or other proper authorities in charge of or having jurisdiction over a highway, are deemed unsafe or impractical to bring into compliance at the place of weighing. Vehicles or combinations of vehicles transporting loads in this latter category shall obtain a travel authorization to the nearest place of safe unloading, load adjustment or other means of legalization.

(a) Neither the state of Idaho or its employees, nor any authority and its employees in charge of or having jurisdiction over a highway, shall be held liable for personal injury or property damage resulting from the requirements of section 49-1001(8), Idaho Code.

(b) The fee for a travel authorization as set forth above shall be fifty dollars ($50.00) and shall be on a form prescribed by the board or other proper authorities.

(c) The board or other proper authorities in charge of or having jurisdiction over a highway shall adopt and enforce administrative rules as may be necessary to carry out the provisions of this section.

History:

[49-1002, added 1988, ch. 265, sec. 273, p. 718; am. 1991, ch. 226, sec. 2, p. 543; am. 2006, ch. 351, sec. 1, p. 1070; am. 2007, ch. 40, sec. 1, p. 100; am. 2015, ch. 43, sec. 1, p. 95.]
Idaho Code § 49-3710 — Idaho Code / Title 49 / Chapter 37 / Section 49-3710
49-3710 TNC DRIVER REQUIREMENTS.
Status: in_force

49-3710. TNC DRIVER REQUIREMENTS. (1) Prior to permitting an individual to act as a TNC driver on its digital platform, the TNC shall:

(a) Require the individual to submit an application to the TNC, which includes information regarding his or her address, age, driver's license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the TNC;

(b) Conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include:

(i) Multistate/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and

(ii) National sex offender registry database.

(c) Obtain and review a driving history research report for such individual.

(2) The TNC shall not permit an individual to act as a TNC driver on its digital platform who:

(a) Has had more than three (3) moving violations in the prior three (3) year period, or one (1) major violation in the prior three (3) year period (including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license);

(b) Has been convicted, within the past seven (7) years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, and/or theft, acts of violence, or acts of terror;

(c) Is a match in the national sex offender registry database;

(d) Does not possess a valid driver's license;

(e) Does not possess proof of registration for the motor vehicle(s) used to provide TNC services;

(f) Does not possess proof of automobile liability insurance for the motor vehicle(s) used to provide TNC services; or

(g) Is not at least nineteen (19) years of age.

History:

[49-3710, added 2015, ch. 267, sec. 1, p. 1077.]
Idaho Code § 49-1419 — Idaho Code / Title 49 / Chapter 14 / Section 49-1419
49-1419 OBEDIENCE TO TRAFFIC DIRECTION.
Status: in_force

49-1419. Obedience to traffic direction. No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer, fireman or uniformed adult school crossing guard invested by law with authority to direct, control or regulate traffic.

History:

[49-1419, added 1988, ch. 265, sec. 355, p. 751.]
Idaho Code § 49-114 — Idaho Code / Title 49 / Chapter 1 / Section 49-114
49-114 DEFINITIONS — M.
Status: in_force

49-114. Definitions — M. (1) "Major component part" for vehicles means a rear or rear clip, frame or subframe, body or center, passenger area, cab, front or front end assembly or front clip or nose section or roof of passenger compartment. "Major component part" for vessels means a hull, bow, gunnel, stern or transom, or permanently attached propulsion unit.

(2) "Manifest" means a form used for identifying the quantity, composition, origin, routing, waste or material identification code and destination of hazardous material or hazardous waste during any transportation within, through, or to any destination in this state.

(3) "Manufactured home." (See section 39-4105, Idaho Code)

(4) "Manufacturer" means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state. The term, for purposes of sections 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall include a distributor and other factory representatives.

(5) "Manufacturer's year designation" means the model year designated by the vehicle manufacturer, and not the year in which the vehicle is, in fact, manufactured.

(6) "Maximum gross weight" means the scale weight of a vehicle, equipped for operation, to which shall be added the maximum load to be carried as declared by the owner in making application for registration. When a vehicle against which a registration fee is assessed is a combination of vehicles, the term "maximum gross weight" means the combined maximum gross weights of all vehicles in the combination.

(7) "Metal tire." (See "Tires," section 49-121, Idaho Code)

(8) "Mileage" means actual distance that a vehicle has traveled.

(9) "Moped" means a limited-speed motor-driven cycle having wheels less than twenty (20) inches in diameter and:

(a) Motorized propulsion that is not capable of propelling the vehicle at a speed in excess of thirty (30) miles per hour on level ground, whether two (2) or three (3) wheels are in contact with the ground during operation. If an internal combustion engine is used, the displacement shall not exceed fifty (50) cubic centimeters and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; or

(b) Two (2) wheels or three (3) wheels with no pedals, which is powered solely by electrical energy, has an automatic transmission, a motor which produces less than two (2) gross brake horsepower, is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground and, as originally manufactured, meets federal motor vehicle safety standards for motor-driven cycles. A moped is not required to be titled and no motorcycle endorsement is required for its operator.

A moped does not include an electric-assisted bicycle.

(10) "Motorbike" means a vehicle as defined in section 67-7101, Idaho Code. Such vehicle shall be titled and may be approved for motorcycle registration pursuant to section 49-402, Idaho Code, upon certification by the owner of the installation and use of conversion components that make the motorbike compliant with federal motor vehicle safety standards. A motorbike does not include an electric-assisted bicycle.

(11) "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three (3) wheels in contact with the ground or designed to travel on two (2) wheels in contact with the ground which is modified by the addition of two (2) stabilizing wheels on the rear of the motor vehicle, that meets the federal motor vehicle safety standards as originally designed, and includes a converted motorbike, but does not include a motor-driven cycle, a motorbike, a tractor, an electric-assisted bicycle, or a moped.

(12) "Motor carrier" means an individual, partnership, corporation or other legal entity engaged in the transportation by motor vehicle of persons or property in the furtherance of a business or for hire.

(13) "Motor-driven cycle" means a cycle with a motor that produces five (5) brake horsepower or less as originally manufactured that meets federal motor vehicle safety standards as originally designed, and does not include mopeds or electric-assisted bicycles. Such vehicle shall be titled and a motorcycle endorsement is required for its operation.

(14) "Motor home" means a vehicular unit designed to provide temporary living quarters, built into an integral part or permanently attached to a self-propelled motor vehicle chassis. The vehicle must contain permanently installed independent life support systems that meet the national fire protection association (NFPA) 1192 standard on recreational vehicles, and provide at least four (4) of the following facilities: cooking, refrigeration or icebox, self-contained toilet, heating and/or air conditioning, a potable water supply system, including a faucet and sink, separate 110-125 volt electrical power supply and/or LP-gas supply.

(15) "Motorized wheelchair" means a motor vehicle with a speed not in excess of eight (8) miles per hour, designed for and used by a person with a disability.

(16) "Motor number." (See "Identifying number," section 49-110, Idaho Code)

(17) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)

(18) "Motor vehicle liability policy" means an owner's or operator's policy of liability insurance, certified as provided in section 49-1210, Idaho Code, as proof of financial responsibility, and issued by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.

(19) "Motor vehicle record" means any record that pertains to a motor vehicle registration, motor vehicle title or identification documents or other similar credentials issued by the department or other state or local agency.

(20) "Multiuse path" means a path physically separated from motor vehicle traffic by an open space or barrier and within either a public right-of-way or easement that accommodates two-way nonmotorized travelers including pedestrians, bicyclists, joggers, and skaters.

History:

[49-114, added 1988, ch. 265, sec. 2, p. 560; am. 1989, ch. 285, sec. 2, p. 701; am. 1989, ch. 310, sec. 3, p. 773; am. 1994, ch. 234, sec. 2, p. 732; am. 1995, ch. 339, sec. 1, p. 1120; am. 1997, ch. 80, sec. 5, p. 177; am. 1998, ch. 392, sec. 3, p. 1200; am. 1999, ch. 81, sec. 3, p. 240; am. 1999, ch. 383, sec. 4, p. 1056; am. 2000, ch. 418, sec. 3, p. 1333; am. 2001, ch. 73, sec. 1, p. 155; am. 2005, ch. 145, sec. 1, p. 456; am. 2006, ch. 360, sec. 1, p. 1097; am. 2008, ch. 198, sec. 3, p. 634; am. 2008, ch. 409, sec. 2, p. 1127; am. 2009, ch. 11, sec. 17, p. 26; am. 2010, ch. 235, sec. 35, p. 570; am. 2013, ch. 39, sec. 1, p. 80; am. 2014, ch. 38, sec. 1, p. 66; am. 2019, ch. 84, sec. 3, p. 203.]
Idaho Code § 49-447 — Idaho Code / Title 49 / Chapter 4 / Section 49-447
49-447 DEPARTMENT TO PROVIDE IDENTIFICATION.
Status: in_force

49-447. Department to provide identification. The department of parks and recreation shall devise and provide to county assessors suitable identification stickers for attachment to or placement on recreational vehicles to indicate that the annual recreational vehicle license fee has been paid. The sticker shall be of suitable size and design for easy identification, and shall show the year and month of the year in which the license expires. The department shall also provide suitable license forms and all other forms required for the purpose of licensing and shall prepay all charges including mailing fees. Each recreational vehicle license shall be filed annually by the department under a distinctive number assigned to the vehicle and alphabetically under the name of the owner.

History:

[49-447, added 1988, ch. 265, sec. 107, p. 640; am. 1992, ch. 35, sec. 28, p. 130.]
Idaho Code § 49-643 — Idaho Code / Title 49 / Chapter 6 / Section 49-643
49-643 HIGHWAY CONSTRUCTION AND MAINTENANCE.
Status: in_force

49-643. Highway construction and maintenance. (1) The driver of a vehicle shall yield the right-of-way to any vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by traffic-control devices.

(2) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever that vehicle displays flashing lights meeting the requirements adopted by the board.

History:

[49-643, added 1988, ch. 265, sec. 172, p. 665.]
Idaho Code § 49-402A — Idaho Code / Title 49 / Chapter 4 / Section 49-402A
49-402A UTILITY TRAILERS — REGISTRATION, FEES AND TRANSFERS.
Status: in_force

49-402A. Utility trailers — Registration, fees and transfers. (1) The department shall register a utility trailer for a period of one (1) year for a fee of five dollars ($5.00).

(2) The department may register a utility trailer for a five (5) year period or for a ten (10) year period, and shall issue a license plate with the year of expiration designated by the registration card. Five (5) year registrations shall cost twenty dollars ($20.00) and ten (10) year registrations shall cost thirty dollars ($30.00) and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.

(3) If ownership or interest in the trailer transfers as a result of a sale, neither the registration card nor plate can be transferred to another person. The registration card and plate shall remain in the possession of the transferor and may be transferred to another utility trailer owned by the transferor, and shall be valid until expiration of the original registration.

History:

[49-402A, added 1989, ch. 318, sec. 4, p. 821; am. 1990, ch. 197, sec. 1, p. 439; am. 2013, ch. 88, sec. 2, p. 214; am. 2026, ch. 9, sec. 3, p. 69.]
Idaho Code § 49-235 — Idaho Code / Title 49 / Chapter 2 / Section 49-235
49-235 ENFORCEMENT BY PEACE OFFICERS.
Status: in_force

49-235. Enforcement by peace officers. (1) The director of the Idaho state police, his officers and employees, and other peace officers as the director of the Idaho state police may authorize in writing may, upon reasonable cause, require the driver of a vehicle to stop and submit the vehicle and its equipment to an inspection and a test as may be appropriate.

(2) In the event a vehicle is found to be in an unsafe condition, or the required equipment is not present, or is not in proper repair and adjustment, the officer shall give a written notice to the driver and send a copy to the Idaho state police. The notice shall require that the vehicle be placed in safe condition and its equipment in proper repair and adjustment, and a certificate of inspection and approval for the vehicle be obtained within five (5) days. Every owner or driver upon receiving such a notice shall comply with the notice and shall within the five (5) days secure an endorsement upon the notice by the person making the repair or adjustment that the vehicle is in safe condition and its equipment in proper repair and adjustment, and shall forward the notice to the Idaho state police.

(3) No person shall operate any vehicle after receiving a notice as provided in this section, until the vehicle and its equipment have been placed in proper repair and adjustment and otherwise made to conform to the requirements of this title.

History:

[49-235, added 1988, ch. 265, sec. 27, p. 586; am. 2000, ch. 469, sec. 114, p. 1576.]
Idaho Code § 49-661 — Idaho Code / Title 49 / Chapter 6 / Section 49-661
49-661 ADDITIONAL PARKING REGULATIONS.
Status: in_force

49-661. Additional parking regulations. (1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way highway shall be stopped or parked with the right-hand wheels parallel to and within eighteen (18) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.

(2) Except when otherwise provided by local ordinances, every vehicle stopped or parked upon a one-way highway shall be stopped or parked parallel to the curb or edge of the highway, in the direction of authorized traffic movement, with its right-hand wheels within eighteen (18) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within eighteen (18) inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.

(3) Local authorities may permit angle parking on any highway, except that angle parking shall not be permitted on any federal-aid or state highway unless the transportation department has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

History:

[49-661, added 1988, ch. 265, sec. 184, p. 671.]
Idaho Code § 49-1001 — Idaho Code / Title 49 / Chapter 10 / Section 49-1001
49-1001 ALLOWABLE GROSS LOADS.
Status: in_force

49-1001. ALLOWABLE GROSS LOADS. The gross load imposed on the highway by any vehicle or combination of vehicles shall not exceed the limits in this section. The maximum single axle gross weight shall be twenty thousand (20,000) pounds, the maximum single wheel gross weight shall be ten thousand (10,000) pounds and the maximum gross vehicle or combination weight shall be one hundred five thousand five hundred (105,500) pounds, provided that maximum gross vehicle or combination weight on United States federal interstate and defense highways of this state shall not exceed eighty thousand (80,000) pounds, except as permitted under the provisions of section 49-1004, Idaho Code.

(1) The total gross weight imposed on the highway by any group of consecutive axles shall be determined by the following formula:

W=500((LN/N-1)+12N+36)

Where W is the maximum weight in pounds (to the nearest 500 pounds) carried on any group of two (2) or more consecutive axles. L is the distance in feet between the extremes of any group of two (2) or more consecutive axles, and N is the number of axles under consideration.

The formula is modified as illustrated in the following table:

Distance in feet between the extremes of any group of 2 or more consecutive Maximum load in pounds carried on any group of 2 or more consecutive axles axles 2 axles 3 axles 4 axles 5 axles 6 axles 7 axles 8 axles 9 axles 10 axles 11 axles 12 axles 13 axles 4 34,000 5 34,000 WHEN NO ALLOWABLE WEIGHT IS 6 34,000 LISTED FOR ANY AXLE SPACING, 7 34,000 APPLY THE ALLOWABLE WEIGHT 8 34,000 AS LISTED IN THE FIRST COLUMN 8+ 38,000 42,000 TO THE LEFT 9 39,000 42,500 10 40,000 43,500 11 44,000 12 45,000 50,000 13 45,500 50,500 14 46,500 51,500 15 47,000 52,000 16 48,000 52,500 58,000 17 48,500 53,500 58,500 18 49,500 54,000 59,000 19 50,000 54,500 60,000 20 51,000 55,500 60,500 66,000 21 51,500 56,000 61,000 66,500 22 52,500 56,500 61,500 67,000 23 53,000 57,500 62,500 68,000 24 54,000 58,000 63,000 68,500 74,000 25 54,500 58,500 63,500 69,000 74,500 26 55,500 59,500 64,000 69,500 75,000 27 56,000 60,000 65,000 70,000 75,500 28 57,000 60,500 65,500 71,000 76,500 82,000 29 57,500 61,500 66,000 71,500 77,000 82,500 30 58,500 62,000 66,500 72,000 77,500 83,000 31 59,000 62,500 67,500 72,500 78,000 83,500 32 60,000 63,500 68,000 73,000 78,500 84,500 90,000 33 64,000 68,500 74,000 79,000 85,000 90,500 34 64,500 69,000 74,500 80,000 85,500 91,000 35 65,500 70,000 75,000 80,500 86,000 91,500 36 66,000 70,500 75,500 81,000 86,500 92,000 98,000 37 66,500 71,000 76,000 81,500 87,000 93,000 98,500 38 67,500 71,500 77,000 82,000 87,500 93,500 99,000 39 68,000 72,500 77,500 82,500 88,500 94,000 99,500 40 68,500 73,000 78,000 83,500 89,000 94,500 100,000 106,000 41 69,500 73,500 78,500 84,000 89,500 95,000 100,500 106,500 42 70,000 74,000 79,000 84,500 90,000 95,500 101,000 107,000 43 70,500 75,000 80,000 85,000 90,500 96,000 102,000 107,500 44 71,500 75,500 80,500 85,500 91,000 96,500 102,500 108,000 114,000 45 72,000 76,000 81,000 86,000 91,500 97,500 103,000 108,500 114,500 46 72,500 76,500 81,500 87,000 92,500 98,000 103,500 109,000 115,000 47 73,500 77,500 82,000 87,500 93,000 98,500 104,000 110,000 115,500 48 74,000 78,000 83,000 88,000 93,500 99,000 104,500 110,500 116,000 122,000 49 74,500 78,500 83,500 88,500 94,000 99,500 105,000 111,000 116,500 122,500 50 75,500 79,000 84,000 89,000 94,500 100,000 105,500 111,500 117,000 123,000 51 76,000 80,000 84,500 89,500 95,000 100,500 106,000 112,000 118,000 123,500 52 76,500 80,500 85,000 90,500 95,500 101,000 107,000 112,500 118,500 124,000 53 77,500 81,000 86,000 91,000 96,500 102,000 107,500 113,000 119,000 124,500 54 78,000 81,500 86,500 91,500 97,000 102,500 108,000 113,500 119,500 125,000 55 78,500 82,500 87,000 92,000 97,500 103,000 108,500 114,000 120,000 125,500 56 79,500 83,000 87,500 92,500 98,000 103,500 109,000 115,000 120,500 126,000 57 80,000 83,500 88,000 93,000 98,500 104,000 109,500 115,500 121,000 127,000 58 84,000 89,000 94,000 99,000 104,500 110,000 116,000 121,500 127,500 59 85,000 89,500 94,500 99,500 105,000 110,500 116,500 122,000 128,000 60 85,500 90,000 95,000 100,500 105,500 111,000 117,000 122,500 128,500 61 86,000 90,500 95,500 101,000 106,000 112,000 117,500 123,000 129,000 62 87,000 91,000 96,000 101,500 107,000 112,500 118,000 124,000 63 87,500 92,000 96,500 102,000 107,500 113,000 118,500 124,500 64 88,000 92,500 97,500 102,500 108,000 113,500 119,000 125,000 65 88,500 93,000 98,000 103,000 108,500 114,000 119,500 125,500 66 89,500 93,500 98,500 103,500 109,000 114,500 120,000 126,000 67 90,000 94,000 99,000 104,500 109,500 115,000 121,000 126,500 68 90,500 95,000 99,500 105,000 110,000 115,500 121,500 127,000 69 91,000 95,500 100,000 105,500 111,000 116,000 122,000 127,500 70 92,000 96,000 101,000 106,000 111,500 117,000 122,500 128,000 71 92,500 96,500 101,500 106,500 112,000 117,500 123,000 128,500 72 93,000 97,000 102,000 107,000 112,500 118,000 123,500 129,000 73 93,500 98,000 102,500 107,500 113,000 118,500 124,000 74 94,500 98,500 103,000 108,000 113,500 119,000 124,500 75 95,000 99,000 103,500 109,000 114,000 119,500 125,000 76 95,500 99,500 104,500 109,500 114,500 120,000 126,000 77 96,000 100,000 105,000 110,000 115,000 120,500 126,500 78 97,000 101,000 105,500 110,500 116,000 121,000 127,000 79 97,500 101,500 106,000 111,000 116,500 122,000 127,500 80 98,000 102,000 106,500 111,500 117,000 122,500 128,000 81 98,500 102,500 107,000 112,000 117,500 123,000 128,500 82 99,000 103,000 108,000 113,000 118,000 123,500 129,000 83 100,000 104,000 108,500 113,500 118,500 124,000 84 104,500 109,000 114,000 119,000 124,500 85 105,000 109,500 114,500 120,000 125,000 86 105,500 110,000 115,000 120,500 125,500 87 106,000 111,000 115,500 121,000 126,000 88 107,000 111,500 116,000 121,500 127,000 89 107,500 112,000 117,000 122,000 127,500 90 108,000 112,500 117,500 122,500 128,000 91 108,500 113,000 118,000 123,000 128,500 92 109,000 113,500 118,500 123,500 129,000 93 110,000 114,000 119,000 124,000 94 110,500 115,000 119,500 125,000 95 111,000 115,500 120,000 125,500 96 111,500 116,000 121,000 126,000 97 112,000 116,500 121,500 126,500 98 113,000 117,000 122,000 127,000 99 113,500 118,000 122,500 127,500 100 114,000 118,500 123,000 128,000 101 114,500 119,000 123,500 129,000

(a) A public highway agency may limit the application of the weights authorized in this section as to certain highways within its jurisdiction which it determines have limited structural capacity of pavements, bridges, or other appurtenances. In designating such highways, it may specify a minimum wheelbase for combinations to be operated thereon. It may also designate specific highways or portions on which operation of a combination of vehicles with seven (7) through thirteen (13) axles will be subject to specified lesser allowable gross weights.

(b) Notwithstanding the figures shown in the table in this subsection (1), two (2) consecutive sets of tandem axles may carry a gross load of thirty-four thousand (34,000) pounds each, providing the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six (36) feet or more.

(c) Vehicles may operate with reducible loads at gross weights greater than one hundred five thousand five hundred (105,500) pounds but not exceeding one hundred twenty-nine thousand (129,000) pounds on noninterstate highways in accordance with the provisions of section 49-1004, Idaho Code, provided such vehicles are in compliance with the weight formula specified in this subsection (1) of this section, have registered and have paid the registration fees as specified in section 49-434, Idaho Code, and are in compliance with the length restrictions set forth in section 49-1010(7), Idaho Code.

(2) The weight limitations set forth in the table in subsection (1) of this section shall not apply to any vehicle, or combination of vehicles when a greater allowed weight in pounds would be permitted such vehicles under the table provided in this subsection, except that with regard to transportation on the United States federal interstate and defense highways of this state, the following table of allowable weights shall apply only to vehicles engaged in the transportation of logs, pulp wood, stull, rough lumber, poles or piling; or to any such vehicle engaged in the transportation of ores, concentrates, sand and gravel and aggregates thereof, in bulk; or to any such vehicle engaged in the transportation of agricultural commodities, including livestock:

Distance in feet between Allowed Load in Pounds the extremes of any group Vehicles with Vehicles with of 2 or more consecutive Three or Four Five or more axles axles axles 3 through 12 37,800 37,800 13 56,470 56,470 14 57,940 57,940 15 59,400 59,400 16 60,610 60,610 17 61,820 61,820 18 63,140 63,140 19 64,350 64,350 20 65,450 65,450 21 66,000 66,330 22 66,000 67,250 23 66,000 67,880 24 66,000 68,510 25 66,000 69,150 26 66,000 69,770 27 66,000 70,400 28 66,000 70,950 29 66,000 71,500 30 66,000 72,050 31 72,600 32 73,150 33 73,700 34 74,250 35 74,800 36 75,350 37 75,900 38 76,450 39 77,000 40 77,550 41 78,100 42 78,650 43 and over 79,000

The weight allowances provided in this subsection do not apply if the total gross weight of a vehicle or combination of vehicles is intended to exceed seventy-nine thousand (79,000) pounds as declared by the operator. When the provisions of this subsection are applicable to a vehicle or combination of vehicles, it shall be a violation of the provisions of this subsection if that vehicle or combination of vehicles exceeds the weights specified in this table.

(3) In determining the gross weight of a vehicle or the gross weight of any two (2) or more consecutive axles under subsection (1) or (2) or (9) of this section, the total gross weight of the vehicle or combination of vehicles or the gross weight of any two (2) or more consecutive axles shall be the sum of the axle weights.

For the purposes of this chapter the gross weight of a vehicle or the gross weight of any two (2) or more consecutive axles may be determined by accumulatively adding the separate weights of individual axles and tandem axles or groups of axles to determine gross weight. The results of any weighing at a temporary or permanent port of entry and the records relating to the calibration and accuracy of any scale at a temporary or permanent port of entry shall be admissible in any proceeding in this state. In order to prove a violation of the provisions of this section the state must show that:

(a) The sum of the axle weights exceeds what is allowable under the provisions of subsection (1) or (2) or (9) of this section;

(b) The scale involved in the weighing was at the time of weighing calibrated in conformity with and met the accuracy requirements of the standards for the enforcement of traffic and highway laws as set forth in the latest edition of handbook 44 of the national institute of standards and technology;

(c) Weights of individual axles or axles within a commonly suspended group of axles supported by a mechanical system designed to distribute equal wheel loads to individual axles in the group were utilized only to determine gross weights of that group of axles, and that any further evaluation of gross weights of combinations of axles considered only the accumulated gross weight of each such commonly suspended group of axles.

(4) In applying the weight limitations imposed in this section, a vehicle or combination of vehicles must comply exclusively with the weight limitations in either subsection (1) or (2) or (9) of this section.

(5) In applying the weight limitations imposed in this section, the distance between axles shall be measured to the nearest even foot. When a fraction is exactly one-half (1/2) foot the next larger whole number shall be used.

(6) The limitations imposed in this section are in addition and supplemental to all other laws imposing limitations upon the size and weight of vehicles. Further, single axles within groups of axles are subject to the provisions and limitations of this chapter. Single axles within groups of axles may be weighed and evaluated separately.

(7) Notwithstanding the other provisions of this chapter, no vehicle, motor vehicle, trailer and/or semitrailer, or combination thereof, may be operated on the public highways of the state under loads which would result in the withholding of funds by operation of controlling federal law as provided in the Federal Aid Highway Act of 1956, as amended.

(8) Except as provided herein, no vehicle or combination of vehicles may proceed past the place of weighing at temporary or permanent ports of entry or checking stations when: the weight of a single axle exceeds the maximum limitations set forth herein by two thousand (2,000) pounds or more; the weight of a combination of axles, or gross vehicle weight exceeds the maximum allowable weight as set forth herein by seven percent (7%) or more. Vehicles or combinations of vehicles which exceed the weight limitations set forth herein shall be required to be brought into compliance with applicable weight limitations contained within this subsection at the place of weighing prior to continuing, except those vehicles or combinations of vehicles which are transporting loads which, in the determination of the board or other proper authorities in charge of or having jurisdiction over a highway, are deemed unsafe or impractical to bring into compliance at the place of weighing, and except those vehicles which do not exceed fifteen percent (15%) over maximum axle and axle group weights set forth in this section. Vehicles or combinations of vehicles transporting loads in this latter category shall obtain a travel authorization to the nearest place of safe unloading, load adjustment or other means of legalization.

(a) Neither the state of Idaho or its employees, nor any authority and its employees in charge of or having jurisdiction over a highway, shall be held liable for personal injury or property damage resulting from the requirements of section 49-1001(8), Idaho Code.

(b) The fee for a travel authorization as set forth above shall be fifty dollars ($50.00) and shall be on a form prescribed by the board or other proper authorities, and shall not be construed as contributing to a reduction in the penalties prescribed in section 49-1013, Idaho Code.

(c) The board or other proper authorities in charge of or having jurisdiction over a highway shall adopt and enforce administrative rules as may be necessary to carry out the provisions of this section.

(9) For vehicles on all highways except the United States federal interstate and defense highways of this state, the following table shall apply:

Distance in feet between Allowed Load in Pounds the extremes of any group Vehicles with Vehicles with of 2 or more consecutive Three or Four Five or more axles axles axles 3 through 12 37,800 37,800 13 56,470 56,470 14 57,940 57,940 15 59,400 59,400 16 60,610 60,610 17 61,820 61,820 18 63,140 63,140 19 64,350 64,350 20 65,450 65,450 21 66,000 66,330 22 66,000 67,250 23 66,000 67,880 24 66,000 68,510 25 66,000 69,150 26 66,000 69,770 27 66,000 70,400 28 66,000 70,950 29 66,000 71,500 30 66,000 72,050 31 72,600 32 73,150 33 73,700 34 74,250 35 74,800 36 75,350 37 75,900 38 76,450 39 77,000 40 77,550 41 78,100 42 78,650 43 and over 80,000

The weight allowances provided in this subsection do not apply if the total gross weight of a vehicle or combination of vehicles is intended to exceed eighty thousand (80,000) pounds as declared by the operator. When the provisions of this subsection are applicable to a vehicle or combination of vehicles, it shall be a violation of the provisions of this subsection if that vehicle or combination of vehicles exceeds the weights specified in this table.

(10) Variable load suspension axles shall meet the following criteria in order to be included in the computation of gross vehicle or axle weight limits for vehicles under the provisions of this section:

(a) The deployment control switch for such axles may be located inside of the driver's compartment but the pressure regulator valve for the operation of pressure on the pavement shall be located outside of and inaccessible to the driver's compartment.

(b) The manufacturer's gross axle weight rating of each such axle must not be less than the actual loading of the axle.

(c) All variable load suspension axles shall be designed to be self-steering; provided however, variable load suspension axles that are within sixty (60) inches of a drive axle or are within sixty (60) inches of a trailer axle, need not be self-steering.

(d) The manufacturer's gross tire weight rating of each tire must not be less than the actual loading of the tire.

(e) Variable load suspension axles must be fully deployed or fully raised. For applicable definitions, see sections 49-117 and 49-123, Idaho Code.

(11) Any person who operates a motor vehicle with a variable load suspension axle in violation of the provisions of this section shall be subject to the penalties provided in section 49-1013, Idaho Code.

History:

[49-1001, added 1988, ch. 265, sec. 272, p. 715; am. 1991, ch. 226, sec. 1, p. 538; am. 1993, ch. 273, sec. 4, p. 921; am. 1993, ch. 334, sec. 3, p. 1238; am. 1993, ch. 345, sec. 1, p. 1284; am. 1993, ch. 371, sec. 1, p. 1334; am. 1993, ch. 376, sec. 2, p. 1380; am. 1994, ch. 321, sec. 4, p. 1030; am. 1995, ch. 72, sec. 1, p. 183; am. 1995, ch. 122, sec. 3, p. 532; am. 1998, ch. 158, sec. 2, p. 535; am. 1998, ch. 189, sec. 1, p. 684; am. 2000, ch. 418, sec. 15, p. 1352; am. 2007, ch. 65, sec. 1, p. 159; am. 2015, ch. 208, sec. 9, p. 648.]
Idaho Code § 49-231 — Idaho Code / Title 49 / Chapter 2 / Section 49-231
49-231 FARM IMPLEMENTS — PURCHASING OR SELLING WHEN IDENTIFYING NUMBER ALTERED OR DEFACED A FELONY.
Status: in_force

49-231. Farm implements — Purchasing or selling when identifying number altered or defaced a felony. Any person who knowingly buys, receives, disposes of, sells, offers for sale or has in his possession any tractor, trailer, or other farm implement or engine removed from a tractor or farm implement from which the manufacturer's serial or engine number or other distinguishing number or identification mark or number, has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of the tractor, trailer or farm implement or engine, is guilty of a felony.

History:

[49-231, added 1988, ch. 265, sec. 25, p. 585.]
Idaho Code § 49-674 — Idaho Code / Title 49 / Chapter 6 / Section 49-674
49-674 HARVEST SEASON.
Status: in_force

49-674. Harvest season. Harvest season for the purpose of vehicles transporting agricultural products shall be year-round.

History:

[49-674, added 2006, ch. 138, sec. 2, p. 395; am. 2015, ch. 208, sec. 6, p. 644.]
Idaho Code § 49-914 — Idaho Code / Title 49 / Chapter 9 / Section 49-914
49-914 LAMPS ON PARKED VEHICLES.
Status: in_force

49-914. Lamps on parked vehicles. (1) Whenever a vehicle is lawfully parked upon a highway at the times specified in section 49-903, Idaho Code, and in the event there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon the highway, no lights need be displayed upon the parked vehicle.

(2) Whenever a vehicle is parked or stopped upon a highway, whether attended or unattended, at the times specified in section 49-903, Idaho Code, and there is not sufficient light to reveal any person or object within a distance of five hundred (500) feet upon the highway, the parked or stopped vehicle shall be equipped with one or more lamps meeting the following requirements: at least one (1) lamp shall display a white or amber light visible from a distance of five hundred (500) feet to the front of the vehicle, and the same lamp or at least one (1) other lamp shall display a red light visible from the same distance to the rear of the vehicle. The location of the lamp shall always be such that at least one (1) lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. This provision shall not apply to a motor-driven cycle.

(3) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.

History:

[49-914, added 1988, ch. 265, sec. 240, p. 694.]
Idaho Code § 49-1221 — Idaho Code / Title 49 / Chapter 12 / Section 49-1221
49-1221 TRANSFER OF REGISTRATION TO DEFEAT PURPOSE — PROHIBITED.
Status: in_force

49-1221. Transfer of registration to defeat purpose — Prohibited. If an owner's registration has been suspended under the provisions of this chapter, that registration shall not be transferred nor the motor vehicle in respect of which the registration was issued registered in any other name until the director is satisfied that the transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this chapter. Nothing in this section shall be construed to apply to or affect the registration of any motor vehicle sold by a person who, pursuant to the terms or conditions of any written instrument giving a right of repossession, has exercised that right and has repossessed that motor vehicle from a person whose registration has been suspended under the provisions of this chapter.

History:

[49-1221, added 1988, ch. 265, sec. 311, p. 735.]
Idaho Code § 49-966 — Idaho Code / Title 49 / Chapter 9 / Section 49-966
49-966 MOTOR VEHICLE BUMPER HEIGHT REQUIREMENTS.
Status: in_force

49-966. Motor vehicle bumper height requirements. (1) With the exception of motor vehicles registered pursuant to section 49-406, 49-406A, 49-407 or 49-408, Idaho Code, or motor vehicles where the original or predominant body configuration of the motor vehicle, provided by a recognized manufacturer, did not include a front or rear bumper or bumpers for vehicles meeting the original specifications of a recognized manufacturer, a motor vehicle shall be equipped with a bumper on both the front and rear of the vehicle.

(2) Bumpers, unless specifically exempt in subsection (1) of this section, shall be at least four and one-half (4 1/2) inches in vertical height centered on the vehicle's centerline by bolting or welding to the vehicle frame as originally installed by the vehicle manufacturer. Bumpers shall be horizontal load bearing and attach to the vehicle to effectively transfer energy when impacted and shall extend in width to the originally manufactured tread width for the vehicle.

(3) The maximum bumper heights for a vehicle shall be determined by vehicle class and the vehicle's gross vehicle weight rating (GVWR). Maximum bumper height is the vertical distance between the ground and the highest point on the bottom of the bumper and shall be measured when the vehicle is laden on a level surface with the vehicle's tires inflated to the manufacturer's recommended pressure. For vehicles exempted from the bumper requirements for reasons stated in subsection (1) of this section, a maximum frame elevation measurement shall be made to the bottom of the frame rail. Maximum heights are as follows:

Vehicle Class Maximum Height Front Rear Passenger Cars 22 inches 22 inches Trucks and MPVs 4,500 or less lbs. GVWR 24 inches 26 inches 4,501 to 7,500 lbs. GVWR 27 inches 29 inches 7,501 to 10,000 lbs. GVWR 28 inches 30 inches Four-wheel drive or dual wheel with a 10,000 or less lbs. GVWR 30 inches 31 inches

(4) Vehicles which do not meet the requirements of this section on July 1, 1997, must be brought into compliance by July 1, 1998.

History:

[49-966, added 1997, ch. 355, sec. 2, p. 1050.]
Idaho Code § 49-303A — Idaho Code / Title 49 / Chapter 3 / Section 49-303A
49-303A DRIVER'S LICENSE OR PERMITS ISSUED TO CERTAIN PERSONS UNDER THE AGE OF EIGHTEEN YEARS.
Status: in_force

49-303A. Driver's license or permits issued to certain persons under the age of eighteen years. (1) Attendance requirements. The department may issue a driver's license, a class D driver's training instruction permit, a class D supervised instruction permit, or a class D instruction permit to a minor younger than eighteen (18) years of age if, at the time of application, the minor:

(a) Has received a high school diploma, a high school equivalency diploma, a special diploma or a certificate of high school completion;

(b) Is enrolled in a public or private school and satisfies relevant attendance requirements;

(c) Is enrolled in a study course in preparation for a test of general educational development and satisfies relevant attendance requirements;

(d) Is enrolled in a home education program and satisfies the requirements of rules of the state board of education and the state department of education for such programs; provided that students shall be in compliance with the requirements and have been enrolled in the home education program for at least one (1) school year prior to verification of the attendance request, unless documentation of meeting the requirements of this section in the school year contiguous to enrollment in the home education program can be provided;

(e) Is enrolled in an accredited college or university;

(f) Is enrolled in a postsecondary vocational program or a postsecondary adult vocational program and satisfying relevant attendance requirements;

(g) Is enrolled in a job training program pursuant to state or federal law and satisfying relevant attendance requirements; or

(h) Is enrolled in other educational activities approved by the board of trustees of the school district and satisfying relevant attendance requirements.

(2) (a) An applicant for a driver's license who is under the age of eighteen (18) shall provide written verification of compliance with the requirements of subsection (1) of this section or receipt of a waiver therefrom pursuant to subsection (3) of this section to the department. The necessary verification shall be obtained from the school district. If the applicant is enrolled in or has graduated from a private high school, the verification shall be obtained by the applicant from the governing body of the private school. A school district shall not refuse to provide written verification of compliance with the requirements of this section to the department.

(b) Schools may implement interventions designed to improve student attendance with their district policies and procedures.

(c) When applying for a license or any instruction permit, an applicant under age eighteen (18) must provide written verification to the department of compliance with the requirements of subsection (1) of this section or receipt of a waiver therefrom, pursuant to subsection (3) of this section. Written verification shall be obtained from the applicant's school. The applicant's school shall not refuse to provide written verification of compliance with the requirements of this section to the department.

(3) (a) A public school principal, or the principal's designee, or the designee of the governing body of a private school shall provide written notification to a minor and the minor's parent, guardian or custodian of the school district's or private school's intent to request that the department suspend the minor's driving privileges because the minor has dropped out of school and has failed to comply with the requirements of subsection (1) of this section.

(b) The minor or the parent, guardian or custodian of the minor shall have fifteen (15) calendar days from the date of receipt of this notice to request a hearing before the public school principal, or the principal's designee, or the designee of the governing body of a private school for the purpose of reviewing the pending suspension. The hearing shall be conducted within thirty (30) calendar days after the public school principal, or the principal's designee, or the designee of the governing body of a private school receives the request.

(c) The public school principal, or the principal's designee, or the designee of the governing body of a private school shall waive the requirements of subsection (1) of this section for any minor under its jurisdiction for whom a personal or family hardship requires that the minor have a driver's license for his or her own or his or her family's employment or medical care. The public school principal, or the principal's designee, or the designee of the governing body of a private school shall take into account the recommendations of teachers, other school officials, guidance counselors or academic advisors prior to granting a waiver to the requirements of subsection (1) of this section.

(d) The hardship waiver provided in paragraph (c) of this section shall be requested, if desired by the minor or the minor's parent, guardian or custodian at the initial hearing.

(4) Any person denied a hardship waiver by a public school principal, or the principal's designee, or the designee of the governing body of a private school may appeal the decision to the board of trustees of the school district or the governing body of the private school. The public or private school shall notify the department of all students not in compliance with subsection (1) of this section or who have been granted a hardship waiver pursuant to subsection (3) of this section.

(5) Upon receiving written verification that the reinstatement fees have been paid and the minor is again in compliance with the requirements of subsection (1) of this section, the department shall reinstate the minor's privilege to drive. Thereafter, if the school district determines that the minor is not in compliance with the requirements of subsection (1), the department shall suspend the minor's driving privilege until the minor is eighteen (18) years old or otherwise satisfies the requirements of subsection (1) of this section, whichever occurs first.

(6) The department shall report quarterly to each school district the disposition of all requests to suspend driver's licenses of students of that district. Beginning with the 1996-97 school year, each school district and each private school shall report the number of notifications issued of possible student driver's license suspensions based on nonattendance, requests to the department to suspend a driver's license and student driver's licenses actually suspended.

History:

[49-303A, added 1996, ch. 348, sec. 2, p. 1160; am. 1998, ch. 110, sec. 14, p. 395; am. 2000, ch. 214, sec. 5, p. 588.]
Idaho Code § 49-1614 — Idaho Code / Title 49 / Chapter 16 / Section 49-1614
49-1614 TERMINATION, CANCELLATION OR NONRENEWAL.
Status: in_force

49-1614. Termination, cancellation or nonrenewal. (1) Notwithstanding the terms, provisions or conditions of any franchise agreement, or any waiver, a manufacturer shall not cancel, terminate or fail to renew any franchise agreement with a dealer unless the manufacturer has satisfied the notice requirement of subsection (2) of this section and has good cause for cancellation, termination or nonrenewal.

(2) Notwithstanding the terms, provisions or conditions of any franchise agreement prior to the termination, cancellation or nonrenewal of any franchise agreement, the manufacturer shall furnish notification of termination, cancellation or nonrenewal to the department and the dealer:

(a) In the manner described in subsection (3) of this section; and

(b) Not less than ninety (90) days prior to the effective date of termination, cancellation or nonrenewal; or

(c) Not less than fifteen (15) days prior to the effective date of termination, cancellation or nonrenewal with respect to any of the following:

(i) Insolvency of the dealership or filing of any petition by or against the dealership under any bankruptcy or receivership law;

(ii) Failure of the dealership to conduct its customary sales and service operations during its customary business hours for seven (7) consecutive business days, except for acts of God or circumstances beyond the direct control of the dealer;

(iii) Conviction of the dealer, or any owner or his operator, resulting in imprisonment exceeding thirty (30) days;

(iv) Revocation of any license that the dealer is required to have to operate a dealership; and

(d) Not less than one hundred eighty (180) days prior to the effective date of termination or cancellation, where the manufacturer is discontinuing the sale of the product line.

(3) Notification under this section shall be in writing, by certified mail or personally delivered to the dealer, and shall contain a statement of intention to terminate, cancel or not to renew the franchise agreement and a statement of the reasons for and the date on which termination, cancellation or nonrenewal takes effect.

(4) Notwithstanding the terms, provisions, or conditions of any franchise agreement or of any waiver, good cause for a termination, cancellation, or nonrenewal shall be determined in accordance with the standards set forth in section 49-1617(5)(a), Idaho Code, provided that the dealer has been notified in writing of the reasons for the intended termination, cancellation, or nonrenewal one hundred eighty (180) days prior to termination, cancellation, or nonrenewal. A protest may be filed in accordance with the provisions of section 49-1617, Idaho Code.

(5) Notwithstanding the terms, provisions, or conditions of any franchise agreement, the factors set forth in section 49-1617(5)(b), Idaho Code, do not constitute good cause for a termination, cancellation, or nonrenewal of a franchise agreement.

(6) The manufacturer shall have the burden of proof under this section concerning the issue of good cause, which shall include, but not be limited to, termination, nonrenewal or cancellation of any franchise agreement by the manufacturer 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.

(7) Notwithstanding the terms, provisions or conditions of any franchise agreement, other written contract or agreement or any waiver, a manufacturer shall not cancel, terminate or fail to renew any franchise agreement with a dealer unless the manufacturer has satisfied the requirements of this section.

(8) Upon the termination, cancellation, or nonrenewal of any franchise agreement by the manufacturer or dealer, the manufacturer shall repurchase from the dealer any new, undamaged and unused motor vehicles of the current model year and previous model year. Any new and unused motor vehicle repurchased by the manufacturer shall be repurchased at the net cost to the dealer. Net cost means the dealer's cost for a new, undamaged, unsold, and complete motor vehicle of the current model year or any previous model year acquired by the dealer within twelve (12) months of the date of termination and in a dealer's inventory purchased from the manufacturer or acquired from another dealer of the same line make in the ordinary course of business:

(a) Plus any charges by the manufacturer, distributor, or representative for distribution, delivery and taxes;

(b) Plus the dealer's cost of any manufacturer-approved accessories added on the vehicle, except only those recreational vehicle accessories that are listed in the manufacturer's wholesale product literature as options for that vehicle shall be repurchased; and

(c) Less all allowances paid to the dealer by the manufacturer, distributor or representative.

(9)(a) Upon the termination, cancellation, or nonrenewal of any franchise agreement by the manufacturer or dealer, the manufacturer shall repurchase from the dealer the following:

(i) Any unused, undamaged, and unsold parts that have been acquired from the manufacturer, provided such parts are currently offered for sale by the manufacturer in its current parts catalog and are in salable condition. Such parts shall be repurchased by the manufacturer at the current catalog price, less any applicable discount;

(ii) Any supplies, equipment, and furnishings, including manufacturer or line make signs, required by and purchased from the manufacturer or its approved source within three (3) years of the date of termination, cancellation, or nonrenewal; and

(iii) Any special tools or other equipment purchased from the manufacturer within three (3) years of the date of termination, cancellation, or nonrenewal.

(b) Except as provided in paragraph (a)(i) of this subsection, compensation shall be the fair market value on the effective date of the termination, cancellation, or nonrenewal.

(10) The repurchase of any item under this section shall be accomplished within ninety (90) days of the effective date of the termination, cancellation, or nonrenewal, provided the dealer has clear title to the inventory and other items or is able to convey such title to the manufacturer and does convey or transfer title and possession of the inventory and other items to the manufacturer.

(11) If the repurchase of any item under this section is subject to a security interest, the manufacturer may make payment jointly to the dealer and to the holder of the security interest.

(12) This section shall not apply to a nonrenewal or termination that is implemented as a result of the sale of the assets or stock of the motor vehicle dealer.

(13) In the event the manufacturer does not pay the dealer the amounts due under this section and a court of competent jurisdiction finds the manufacturer in violation of this section, the manufacturer shall, in addition to any amounts due, pay the dealer:

(a) Interest on the amount due computed at the rate applicable to a judgment of a court; and

(b) Reasonable attorney's fees and costs.

(14) Within ninety (90) days of the termination, cancellation, or nonrenewal of any franchise agreement by the manufacturer for the failure of a dealer to meet sales and service performance obligations or due to elimination, cessation or termination of a line make, the manufacturer shall commence to reimburse the dealer for one (1) year of the dealer's cost to rent or lease the dealership's facility or location or for the unexpired term of the lease or rental period, whichever is less, or, if the dealer owns the facility or location, for the equivalent of one (1) year of the reasonable rental value of the facilities or location as determined by an Idaho licensed commercial real estate appraiser. If more than one (1) franchise agreement is being terminated, canceled, or not renewed, the reimbursement shall be prorated equally among the different manufacturers. However, if a franchise agreement is terminated, canceled, or not renewed but the dealer continues in business at the same location under a different franchise agreement, the reimbursement required by this subsection shall not be required to be paid. In addition, any reimbursement due under this subsection shall be reduced by any amount received by the dealer by virtue of the dealer leasing, subleasing, or selling the facilities or location during the year immediately following the termination, cancellation, or nonrenewal.

(15) All procedures and protections afforded to a motor vehicle dealer under this section shall be available to a recreational vehicle dealer. However, the remedies afforded under this section shall only apply to recreational vehicle dealers where the manufacturer of recreational vehicles as defined in section 49-119, Idaho Code, terminates or fails to renew any franchise agreement without good cause.

History:

[49-1614, added 1988, ch. 265, sec. 387, p. 774; am. 1997, ch. 312, sec. 1, p. 923; am. 2009, ch. 153, sec. 1, p. 445; am. 2023, ch. 122, sec. 1, p. 347.]
Idaho Code § 49-2448 — Idaho Code / Title 49 / Chapter 24 / Section 49-2448
49-2448 AUTOCYCLES.
Status: in_force

49-2448. autocycles. (1) The following provisions of law shall apply to autocycles:

(a) Motorcycle plate and registration tag requirements;

(b) Motorcycle registration requirements. Certification from the national highway traffic safety administration and a manufacturer's certificate of origin stating that the vehicle meets the federal specifications for a motorcycle shall be required for all autocycles prior to registration;

(c) Motorcycle insurance requirements.

(2) All persons operating autocycles shall be in compliance with the provisions of section 49-301, Idaho Code.

History:

[49-2448, added 2015, ch. 230, sec. 5, p. 726.]
Idaho Code § 49-1804 — Idaho Code / Title 49 / Chapter 18 / Section 49-1804
49-1804 REMOVAL OF ACCIDENTS — DRIVER ARRESTS — VEHICLES FOUND UNDER EXTRAORDINARY CIRCUMSTANCES.
Status: in_force

49-1804. REMOVAL OF ACCIDENTS — DRIVER ARRESTS — VEHICLES FOUND UNDER EXTRAORDINARY CIRCUMSTANCES. Any authorized officer who dispatches a call to request the removal of a vehicle under the authority of this chapter or the provisions of section 49-662, Idaho Code, as the result of an accident, the driver being arrested, or other extraordinary circumstances may immediately cause the vehicle to be placed in the custody of a tow company.

History:

[49-1804, added 2025, ch. 218, sec. 2, p. 1028.]
Idaho Code § 49-1617A — Idaho Code / Title 49 / Chapter 16 / Section 49-1617A
49-1617A MEDIATION OF DISPUTES.
Status: in_force

49-1617A. MEDIATION of disputes. (1) All disputes between a manufacturer or a distributor and a new vehicle dealer alleging a violation of any provision of this chapter or any other provision of Idaho law are subject to mediation as provided for in this section. A demand for mediation must be served on the adverse party before the filing of the objection, protest, complaint, or petition or the bringing of the action. A demand for mediation must be in writing and served on the adverse party by certified mail, return receipt requested, or by overnight delivery service that provides proof of delivery at an address designated for the party in the records of the complainant. The demand for mediation must contain a brief statement of the dispute and the relief sought by the complainant filing the demand.

(2) Within twenty (20) days after the date a demand for mediation is served, the parties shall mutually select an independent mediator and meet with that mediator for the purpose of attempting to resolve the dispute. If the parties are unable to agree on a mediator, a party may apply to a district judge of the district court for the county in which the dealership is located for appointment of a mediator. The meeting place must be within this state in a location selected by the mediator in proximity to the place of business of a party domiciled in this state. The mediator may extend the date of the meeting for good cause shown by either party or on the stipulation of both parties.

(3) The service of a demand for mediation under subsection (1) stays the time for the filing of any objection, protest, complaint, or petition with the department or for bringing an action until the representatives of both parties have met with a mutually selected or appointed mediator for the purpose of attempting to resolve the dispute. If an objection, protest, complaint, or petition is filed before the meeting, the department or the court shall enter an order suspending the proceeding or action until the meeting has occurred and may, on the written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, enter an order suspending the proceeding or action for as long a period as the department or court considers to be appropriate. A suspension order issued under this subsection may be revoked on motion of any party or on motion of the department or the court.

(4) The department shall encourage dealers, manufacturers, and distributors to establish a panel of mediators who have the character, ability, and training to serve as mediators and who have knowledge of the motor vehicle industry.

(5) A mediator shall be immune from civil liability for any good faith act or omission within the scope of the mediator's performance of the mediator's powers and duties under this chapter. An act or omission of a mediator is presumed to be a good faith act or omission. This presumption may be overcome only by clear and convincing evidence.

History:

[49-1617A, added 2023, ch. 122, sec. 4, p. 354.]
Idaho Code § 49-101 — Idaho Code / Title 49 / Chapter 1 / Section 49-101
49-101 DEFINITIONS.
Status: in_force

49-101. Definitions. Words and phrases used in this title are defined in sections 49-102 through 49-127, Idaho Code. Words used in the masculine gender include the feminine gender, and the singular number includes the plural, as well as the plural the singular.

History:

[49-101, added 1988, ch. 265, sec. 2, p. 550.]
Idaho Code § 49-1610 — Idaho Code / Title 49 / Chapter 16 / Section 49-1610
49-1610 RIGHT OF ACTION FOR LOSS BY FRAUD — PROCESS.
Status: in_force

49-1610. Right of action for loss by fraud — Process. (1) If any person shall suffer any loss or damage by reason of any fraud practiced on him or fraudulent representation made to him by a licensed dealer or one (1) of the dealer's salesmen acting for the dealer, in his behalf or within the scope of the employment of salesman, or shall suffer any loss or damage by reason of the violation by the dealer or salesman of any of the provisions of this chapter, or chapter 5, title 49, Idaho Code, or section 49-1418, Idaho Code, or chapter 6, title 48, Idaho Code, or any applicable rule or regulation of the board, or federal odometer law or regulation, that person shall have a right of action against the dealer and his salesman.

(2) Notwithstanding the terms, provisions or conditions of any agreement or franchise, or other terms or provisions of any novation, waiver or other written instrument, any person who is or may be injured by a violation of a provision of this chapter, or any party to a franchise who is so injured in his business or property by a violation of a provision of this chapter relating to that franchise, or any person so injured because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of the provisions of this chapter, may bring an action for damages and equitable relief, including injunctive relief.

(3) A license or a renewal shall not be issued to any applicant unless and until the applicant shall file with the director a good and sufficient instrument in writing in which he shall appoint the director as the true and lawful agent of the applicant upon whom all process may be served in any action or actions which may subsequently be commenced against the applicant arising out of any claim for damages suffered by any person by reason of the violation of the applicant of any of the terms and provisions of this chapter or provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, Idaho Code, or of federal motor vehicle safety standards, or federal odometer laws and regulations. The applicant shall stipulate and agree in the appointment that any process directed to the applicant in such a case which is served upon the director, or in his absence his designee, shall be of the same legal force and effect as if served upon the applicant personally. The applicant shall further stipulate and agree in writing that the agency created by the appointment shall continue for and during the period covered by any license that may be issued and so long thereafter as the applicant may be made to answer in damages for a violation of the provisions of this chapter. The instrument appointing the director as agent for the applicant for service of process shall be acknowledged by the applicant before an officer authorized to take and certify acknowledgments under the laws of this state. In any case wherein the licensee be served with process by service upon the director, two (2) copies of the process shall be left with the director. Not later than two (2) days after the service of the process upon him, the director shall mail one (1) copy to the licensee at his principal place of business, as the same appears of record in the office of the director, postpaid, by certified mail with request for return receipt. The remaining copy shall be retained on file with the director. The licensee shall then have and be allowed thirty (30) days from and after the service within which to answer any complaint or other pleading which may be filed in the cause. For the purpose of venue where the licensee is served with process upon the director, the service shall be deemed to have been made upon the licensee in the county in which he has or last had his principal place of business.

(4) Whenever any person is awarded a final judgment in a court of competent jurisdiction in the state of Idaho for any loss or damage by reason of the violation by such dealer or salesman of any of the provisions of this chapter, chapter 5, title 49, section 49-1418, or chapter 6, title 48, Idaho Code, or any rule or regulation of the department in connection with the purchase of a vehicle, or federal motor vehicle safety standards, or in connection with the purchase of a vehicle if the loss or damage is a result of odometer tampering, or odometer fraud, the judgment creditor may file a verified claim with the corporate surety who has provided the dealer's surety bond, or with the chairman of the dealer advisory board where the dealer has deposited with the director a cash bond or certificate of deposit.

(a) The claim shall be filed no sooner than thirty (30) days and no later than one (1) year after the judgment has become final.

(b) The claim shall:

1. Be accompanied by a certified copy of the judgment;

2. State the amount of the claim if different from the judgment amount; and

3. State that demand has been made upon the dealer for payment of the judgment, and the dealer has failed to pay the judgment in full within thirty (30) days.

(5) Where a dealer has satisfied the bonding requirement with cash or a certificate of deposit, the chairman shall make written notification to the dealer against whom the judgment was obtained, that a claim has been made. The dealer may, within ten (10) days from the date of receipt of the notice, submit written objections to the dealer advisory board as to why the judgment should not be satisfied from the cash deposit or certificate of deposit.

(6) Within sixty (60) days from the date the claim was filed with the dealer advisory board, if it has found the claimant complied with the provisions of subsection (4) of this section, the board shall authorize the director to satisfy the judgment from the dealer's deposited funds in so far as he is able. Upon receipt of any payment, the claimant shall deliver a properly executed satisfaction of judgment or a partial satisfaction of judgment to the director. If additional claims have been filed prior to payment, or the chairman of the dealer advisory board has knowledge that additional claims are pending which may exceed the amount of the bond, the chairman may delay any payments until all claims are finalized. If the claims exceed the amount of the bond, the deposited funds shall be prorated among the claimants based on the amount of their judgments.

(7) A judgment against a dealer or salesman for violation of the provisions of this chapter, rules and regulations of the department, the provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, Idaho Code, the federal motor vehicle safety standards or odometer fraud, shall be grounds for revocation of the dealer and the salesman's licenses.

(8) The Idaho transportation board is authorized to promulgate reasonable rules and regulations not inconsistent with this chapter for the purpose of carrying out the provisions of section 49-1610, Idaho Code [this section].

(9) Should a dealer's license be revoked, voluntarily surrendered or not renewed, leaving funds on deposit with the department, those funds shall be refunded within thirty (30) days after the expiration of a five (5) year period from the date of revocation, surrender, or nonrenewal of the license unless the dealer advisory board has been notified in writing that a claim or cause of action is pending. In that case, the refund, if any, will be made upon the resolution of the claim or claims. In no case shall the dealer advisory board, the department, the state of Idaho, or any of their employees or agents be liable to any claimant for any amounts other than the funds deposited by the dealer.

History:

[49-1610, added 1988, ch. 265, sec. 383, p. 767; am. 1989, ch. 310, sec. 29, p. 801; am. 1991, ch. 272, sec. 12, p. 700.]
Idaho Code § 49-418 — Idaho Code / Title 49 / Chapter 4 / Section 49-418
49-418 VETERANS PLATES.
Status: in_force

49-418. Veterans 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 and upon department approval receive special veterans 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 veterans plates for other vehicles shall be subject to the rules, policies and procedures of the department.

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

(3) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee of twenty-five dollars ($25.00) and the annual program fee of fifteen dollars ($15.00) as specified in section 49-402, Idaho Code, and the plate fee specified in section 49-450, Idaho Code. Ten dollars ($10.00) of the initial program fee and ten dollars ($10.00) of the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Fifteen dollars ($15.00) of the initial program fee and five dollars ($5.00) of the annual program fee shall be deposited to the veterans cemetery maintenance fund created in section 65-107, Idaho Code, and shall be used to operate and maintain a state veterans cemetery.

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

(5) The veterans license plate design shall include the colors red, white and blue, shall designate one (1) of the five (5) branches of military service, and display either:

(a) The word "VETERAN";

(b) The name of a conflict or war period recognized by the United States department of veterans affairs for the purpose of awarding federal veterans benefits as defined in 38 U.S.C. 101(11); or

(c) For a current or former member of the United States armed forces who has served in Afghanistan or Iraq during the post 9/11 global operations period, as defined in 38 U.S.C. 4110A(c), the name of the post 9/11 global operations theater.

The license plate design shall comply with all applicable rules of the department and shall include a separate and distinct numbering system. The design, color, and numbering system shall be subject to approval of the department.

(6) Veterans license plates may be retained and displayed on vehicles owned by the surviving spouse of a qualified veteran. In addition, provided that the deceased veteran met the criteria set forth above in this section, surviving spouses of qualified veterans shall be authorized to apply for and receive veterans plates and may retain, renew and display veterans plates for so long as the surviving spouse is within the definition set forth in 38 U.S.C. 101(3). There shall be no requirement that the veteran, while living, resided in Idaho or had applied for or received veterans plates. Such plates shall be used on a vehicle owned by the surviving spouse.

History:

[49-418 added 1996, ch. 413, sec. 1, p. 1375; am. 1998, ch. 113, sec. 15, p. 428; am. 1999, ch. 316, sec. 9, p. 796; am. 2000, ch. 37, sec. 5, p. 69; am. 2000, ch. 87, sec. 20, p. 204; am. 2000, ch. 464, sec. 1, p. 1437; am. 2011, ch. 66, sec. 1, p. 141; am. 2016, ch. 67, sec. 1, p. 204.]
Idaho Code § 49-2703 — Idaho Code / Title 49 / Chapter 27 / Section 49-2703
49-2703 DRIVING IN PROCESSION.
Status: in_force

49-2703. Driving in procession. (1) All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practicable and safe.

(2) Any ordinance, law or regulation requiring that motor vehicles be operated to allow sufficient space between them to enable another vehicle to enter and occupy that space without danger shall not be applicable to vehicles in a funeral procession.

(3) The driver of a motor vehicle in a funeral procession may not drive the vehicle at a speed greater than:

(a) Fifty-five (55) miles per hour on a highway where the posted speed limit is fifty-five (55) miles per hour or more; or

(b) Five (5) miles per hour below the posted speed limit on other streets or roads.

(4) A vehicle being operated in a funeral procession must have its headlights and tail lights illuminated. The turn signals must be flashing simultaneously as warning lights on the vehicle which is the first vehicle in a funeral procession and/or which the driver has reason to believe is the last vehicle in the funeral procession.

History:

[49-2703, added 1992, ch. 311, sec. 1, p. 925.]
Idaho Code § 49-120 — Idaho Code / Title 49 / Chapter 1 / Section 49-120
49-120 DEFINITIONS — S.
Status: in_force

49-120. Definitions — S. (1) "Saddlemount combination" means a combination of vehicles in which a truck or truck tractor tows one (1), two (2) or three (3) trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the vehicle in front of it. The saddle is a mechanism that connects the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and functions like a fifth wheel kingpin connection. A smaller vehicle mounted completely on the frame of either the first or last vehicle may be used in a saddlemount combination.

(2) "Safety glazing materials" means glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.

(3) "Safety zone" means the area or space officially set apart within a highway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

(4) "Salvage pool" means a licensed vehicle dealer engaged primarily in the business of disposing of salvage vehicles, recovered stolen vehicles, or both.

(5) "School bus" means every motor vehicle that complies with the color and identification requirements set forth in the most recent edition of "Minimum Standards for School Buses" and is used to transport children to or from school or in connection with school approved activities and includes buses operated by contract carriers.

(6) "Secretary" means the secretary of transportation of the United States.

(7) "Security agreement." (See section 28-9-102, Idaho Code)

(8) "Security interest." (See section 28-1-201, Idaho Code)

(9) "Sell," "sold," "buy," and "purchase," mean and include, as used in sections 49-2401 through 49-2406, Idaho Code, exchange, barter, gift, and offer or contract to sell or buy.

(10) "Semitrailer." (See "Trailer," section 49-121, Idaho Code)

(11) "Serious traffic violation" means conviction of an offense specified in 49 CFR part 383 and including any subsequent amendments thereto, while operating a commercial motor vehicle, and shall include driving a commercial motor vehicle:

(a) Without obtaining a commercial driver's license; or

(b) Without having a commercial driver's license in the driver's possession; or

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

(12) "Service-only facility" means a customer-facing or noncustomer-facing facility operated by a licensed dealer within the dealer's relevant market area where the dealer performs any repairs or performs any other services on motor vehicles but does not engage in the sale, lease, trade, or display of new or used motor vehicles. A service-only facility shall not be considered a dealer or dealership for the purposes of this title.

(13) "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for use by pedestrians.

(14) "Signal." (See "Railroad sign," section 49-119, Idaho Code)

(15) "Skills test" means an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

(16) "Slow moving vehicle" means any vehicle not normally operated upon the highways.

(17) "Snow tire." (See "Tires," section 49-121, Idaho Code)

(18) "Sold." (See "Sell," "buy," and "purchase," this section)

(19) "Solid rubber tire." (See "Tires," section 49-121, Idaho Code)

(20) "Special license plate" means a license plate that is made available to the public as a personal alternative to the standard issue license plate. No special program fee shall be charged for the registration or plates issued under sections 49-403, 49-403A, 49-404, 49-405, 49-410, 49-415, 49-415A and 49-415B, Idaho Code.

(21) "Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including: ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes, and earth moving equipment. The term does not include travel trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

(22) "Specially constructed vehicle." (See "Vehicle," section 49-123, Idaho Code)

(23) "Specialty off-highway vehicle." (See "Vehicle," section 49-123, Idaho Code)

(24) "Stand" or "standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

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

(26) "Stop" means the act of or complete cessation from movement.

(27) "Stopping" means the act of any halting even momentarily of a vehicle.

(28) "Street." (See "Highways," section 49-109, Idaho Code)

(29) "Street rod" means any pre-1949 vehicle which has had a significant drive train update from a more modern vehicle. Changes may include engine, transmission, rear axle, and other suspension components. The body will be, or resemble the same as the manufacturer's original issue after its first sale after manufacture.

(30) "Studded tire." (See "Tires," section 49-121, Idaho Code)

(31) "Substandard width lane" means a lane that is too narrow for a bicycle and a motor vehicle to travel safely side by side within the lane.

(32) "Supplemental lot" means a physically separate location owned and maintained by a licensed dealer or manufacturer within the same or adjacent county as the principal place of business which meets all the requirements for a principal place of business.

(33) "Suspension of driver's license" means the temporary withdrawal by formal action of the department or as otherwise provided in this title of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department.

(34) "Suspension of vehicle registration" means the temporary withdrawal by formal action of the department or as otherwise provided in this title of a person's vehicle registration or, in the case of fleets of vehicles, all vehicle registrations in each fleet operated by a company. Upon suspension, the privileges of operating the vehicle or vehicles on Idaho highways is terminated until the difficulty that caused the suspension is corrected and notification is provided that the suspension has been lifted.

History:

[49-120, added 1988, ch. 265, sec. 2, p. 565; am. 1989, ch. 88, sec. 11, p. 164; am. 1989, ch. 285, sec. 3, p. 702; am. 1989, ch. 310, sec. 5, p. 776; am. 1990, ch. 45, sec. 9, p. 81; am. 1990, ch. 176, sec. 1, p. 374; am. 1992, ch. 35, sec. 3, p. 103; am. 1992, ch. 232, sec. 1, p. 691; am. 1992, ch. 261, sec. 1, p. 756; am. 1993, ch. 135, sec. 1, p. 331; am. 1996, ch. 371, sec. 3, p. 1251; am. 2000, ch. 87, sec. 1, p. 189; am. 2001, ch. 208, sec. 29, p. 828; am. 2006, ch. 164, sec. 2, p. 489; am. 2009, ch. 157, sec. 3, p. 460; am. 2024, ch. 159, sec. 1, p. 612.]
Idaho Code § 49-1012 — Idaho Code / Title 49 / Chapter 10 / Section 49-1012
49-1012 TEMPORARY MOVEMENT OF HARVESTING MACHINERY AFTER DARKNESS.
Status: in_force

49-1012. Temporary movement of harvesting machinery after darkness. Notwithstanding any other provision of law, harvesting machinery may be moved during hours of darkness when that machinery is equipped, in addition to those requirements set forth in chapter 9, title 49, Idaho Code, with a flashing amber-colored light at least four (4) inches in diameter clearly visible from in front of the machinery, a flashing red-colored light at least four (4) inches in diameter clearly visible from the back of the machinery, and the machinery is preceded by a well-lighted pilot vehicle or flagman at least three hundred (300) feet in advance of the vehicle to give warning of the approach of the equipment and followed by a well-lighted pilot vehicle or flagman at least three hundred (300) feet behind the vehicle to give warning of the presence of the equipment on the highway.

History:

[49-1012, added 1988, ch. 265, sec. 283, p. 723.]
Idaho Code § 49-940 — Idaho Code / Title 49 / Chapter 9 / Section 49-940
49-940 MIRRORS.
Status: in_force

49-940. Mirrors. (1) Every motor vehicle shall be equipped with a mirror so located as to reflect to the operator a view of the highway for a distance of at least two hundred (200) feet to the rear of the vehicle.

(2) When a motor vehicle is so loaded or constructed, or is towing a vehicle or trailer which is so loaded or constructed as to obstruct the driver's view straight to the rear, then the motor vehicle shall be equipped with a mirror on the left side and a mirror on the right side so located as to reflect to the operator a view of the highway for a distance of at least two hundred (200) feet to the rear of the vehicle.

(3) When an operator of a motor vehicle is transporting under special permit authority an oversize load which makes mirrors impractical devices for reflecting to the operator a view of the highway to the rear, a following escort vehicle equipped with proper mirrors meeting the requirements herein may be substituted for the required mirrors on the hauling motor vehicle. The escort vehicle must be a car or light truck and it must be equipped with an oversize load sign, flashing or rotating lights, and a two (2) way radio which provides full-time communication with the escorted vehicle.

History:

[49-940, added 1988, ch. 265, sec. 260, p. 707; am. 1992, ch. 222, sec. 1, p. 671.]
Idaho Code § 49-1816 — Idaho Code / Title 49 / Chapter 18 / Section 49-1816
49-1816 ABANDONED VEHICLE TRUST ACCOUNT — APPROPRIATION AND USE.
Status: in_force

49-1816. ABANDONED VEHICLE TRUST ACCOUNT — APPROPRIATION AND USE. (1) There is hereby established in the state treasury the abandoned vehicle trust account. There shall be set aside, paid into, and credited to the fund the fees authorized under section 31-3201F, Idaho Code, collected by the district courts.

(2) Moneys deposited in the abandoned vehicle trust account are hereby continuously appropriated to the department for the purposes of satisfying allowable claims and reimbursing the costs of administering the provisions of this chapter.

(3) Each fee collected by the district courts pursuant to section 31-3201F, Idaho Code, shall be distributed as follows:

(a) Seventy-five dollars ($75.00) to the law enforcement agency that directed the tow of the vehicle involved in the infraction; and

(b) Seventy-five dollars ($75.00) to the towing company that towed the vehicle involved in the infraction.

(4) Fees shall be distributed to law enforcement agencies and towing companies on a monthly basis.

History:

[49-1816, added 2025, ch. 218, sec. 2, p. 1033.]
Idaho Code § 49-123 — Idaho Code / Title 49 / Chapter 1 / Section 49-123
49-123 DEFINITIONS — V.
Status: in_force

49-123. Definitions — V. (1) "Variable load suspension axle" means an axle or axles designed to support a part of the vehicle and load and which can be regulated to vary the amount of load supported by such an axle or axles and which can be deployed or lifted by the operator of the vehicle. (See also section 49-117, Idaho Code)

(a) "Fully raised" means that the variable load suspension axle is in an elevated position preventing the tires on such axle from having any contact with the roadway.

(b) "Fully deployed" means that the variable load suspension axle is supporting a portion of the weight of the loaded vehicle as controlled by the preset pressure regulator valve.

(2) "Vehicle" means:

(a) General. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

(b) Assembled vehicle or vessel. A vehicle or vessel, not including a salvage vehicle or vessel, that has been constructed using major component parts from two (2) or more vehicles or vessels or that has been repaired using new factory major component parts so that the resulting vehicle or vessel has the same appearance as a vehicle or vessel that was manufactured under a specific make and model by a manufacturer. A vehicle or vessel utilizing a kit for the entire body or a glider kit vehicle is not an assembled vehicle.

(c) Authorized emergency vehicle. Vehicles operated by any fire department or law enforcement agency of the state of Idaho or any political subdivision of the state, ambulances, vehicles belonging to personnel of voluntary fire departments while in performance of official duties only, vehicles belonging to or operated by a wildland fire agency or association while responding to a wildland urban interface fire, vehicles belonging to or operated by EMS personnel certified or otherwise recognized by the Idaho military division while in the performance of emergency medical services, sheriff's search and rescue vehicles that are under the immediate supervision of the county sheriff, wreckers that are engaged in motor vehicle recovery operations and are blocking part or all of one (1) or more lanes of traffic, other emergency vehicles designated by the director of the Idaho state police or vehicles authorized by the Idaho transportation board and used in the enforcement of laws specified in section 40-510, Idaho Code, pertaining to vehicles of ten thousand (10,000) pounds or greater.

(d) Commercial vehicle or commercial motor vehicle. For the purposes of chapters 3 and 9 of this title, driver's licenses and vehicle equipment, a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:

(i) Has a manufacturer's gross combination weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds inclusive of a towed unit with a manufacturer's gross vehicle weight rating (GVWR) of more than ten thousand (10,000) pounds; or

(ii) Has a manufacturer's gross vehicle weight rating (GVWR) in excess of twenty-six thousand (26,000) pounds; or

(iii) Is designed to transport sixteen (16) or more people, including the driver; or

(iv) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the hazardous material transportation act and which require the motor vehicle to be placarded under the hazardous materials regulations (49 CFR part 172, subpart F).

For the purposes of chapter 4, title 49, Idaho Code, motor vehicle registration, a vehicle or combination of vehicles of a type used or maintained for the transportation of persons for hire, compensation or profit, or the transportation of property for the owner of the vehicle, or for hire, compensation, or profit, and shall include fixed load specially constructed vehicles exceeding the limits imposed by chapter 10, title 49, Idaho Code, and including drilling rigs, construction, drilling and wrecker cranes, log jammers, log loaders, and similar vehicles which are normally operated in an overweight or oversize condition or both, but shall not include those vehicles registered pursuant to sections 49-402 and 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a "commercial vehicle" under the provisions of this title relating to equipment requirements, rules of the road, or registration.

(e) Farm vehicle. A vehicle or combination of vehicles owned by a farmer or rancher, or by his designated agent, which are operated over public highways, and used exclusively to transport unprocessed agricultural products raised, owned or grown by the owner of the vehicle to market or place of storage; and shall include the transportation by the farmer or rancher of any equipment, supplies or products purchased by that farmer or rancher for his own use, and used in the farming or ranching operation or used by a farmer partly in transporting agricultural products or livestock from the farm of another farmer that were originally grown or raised on the farm, or when used partly in transporting agricultural supplies, equipment, materials or livestock to the farm of another farmer for use or consumption on the farm but not transported for hire, and shall not include vehicles of husbandry or vehicles registered pursuant to sections 49-402 and 49-402A, Idaho Code.

(f) Foreign vehicle. Every vehicle of a type required to be registered under the provisions of this title brought into this state from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state.

(g) Glider kit vehicle. Every large truck manufactured from a kit manufactured by a manufacturer of large trucks which consists of a frame, cab complete with wiring, instruments, fenders and hood and front axles and wheels. The "glider kit" is made into a complete assembly by the addition of the engine, transmission, rear axles, wheels and tires.

(h) Motor vehicle. Every vehicle that is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices, personal delivery devices, electric-assisted bicycles, and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.

(i) Multipurpose passenger vehicle (MPV). For the purposes of section 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer persons which is constructed either on a truck chassis or with special features for occasional off-road operation.

(j) Neighborhood electric vehicle (NEV). A self-propelled, electrically powered, four-wheeled motor vehicle which is emission free and conforms to the definition and requirements for low-speed vehicles as adopted in the federal motor vehicle safety standards for low-speed vehicles under federal regulations at 49 CFR part 571. An NEV shall be titled, registered and insured according to law as provided respectively in chapters 4, 5 and 12, title 49, Idaho Code, and shall only be operated by a licensed driver. Operation of an NEV on a highway shall be allowed as provided in section 49-663, Idaho Code.

(k) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho Code, motor vehicle registration, a noncommercial vehicle shall not include those vehicles required to be registered under sections 49-402 and 49-402A, Idaho Code, and means all other vehicles or combinations of vehicles which are not commercial vehicles or farm vehicles, but shall include motor homes. A noncommercial vehicle shall include those vehicles having a combined gross weight not in excess of sixty thousand (60,000) pounds and not held out for hire, used for purposes related to private use and not used in the furtherance of a business or occupation for compensation or profit or for transporting goods for other than the owner.

(l) Passenger car. For the purposes of section 49-966, Idaho Code, a motor vehicle, except a multipurpose passenger vehicle, motorcycle or trailer, designed to carry ten (10) or fewer persons.

(m) Rebuilt salvage vehicle or vessel. Every vehicle or vessel previously determined or declared to be a salvage vehicle that has been rebuilt or repaired using like make and model parts and visually appears as a vehicle or vessel that was originally constructed under a distinctive manufacturer. This includes a salvage vehicle or vessel which is damaged to the extent that a "rebuilt salvage" brand is required to be added to the title.

(n) Replica vehicle or vessel. A vehicle or vessel made to replicate any vehicle or vessel previously manufactured, using metal, fiberglass or other composite materials. Replica vehicles must look like the original vehicle being replicated but may use a more modern drive train. At a minimum, replica vehicles shall meet the same federal motor vehicle safety and emission standards in effect for the year and type of vehicle being replicated.

(o) Salvage vehicle or vessel. Any vehicle or vessel for which a salvage certificate of title, salvage bill of sale or other documentation has been issued showing evidence that the vehicle or vessel has been declared salvage or which has been damaged to the extent that the owner, or an insurer, or other person acting on behalf of the owner, determines that the cost of parts and labor minus the salvage value makes it uneconomical to repair or rebuild. When an insurance company has paid money or has made other monetary settlement as compensation for a total loss of any vehicle or vessel, such vehicle shall be considered to be a salvage vehicle or vessel.

(p) Specially constructed vehicle or vessel. Every vehicle or vessel of a type required to be registered not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles or vessels and not materially altered from its original construction and cannot be visually identified as a vehicle or vessel produced by a particular manufacturer. This includes:

(i) A vehicle or vessel that has been structurally modified so that it does not have the same appearance as a similar vehicle or vessel from the same manufacturer; or

(ii) A vehicle or vessel that has been constructed entirely from homemade parts and materials not obtained from other vehicles or vessels; or

(iii) A vehicle or vessel that has been constructed by using major component parts from one (1) or more manufactured vehicles or vessels and cannot be identified as a specific make or model; or

(iv) A vehicle or vessel constructed by the use of a custom kit that cannot be visually identified as a specific make or model. All specially constructed vehicles of a type required to be registered shall be certified by the owner to meet all applicable federal motor vehicle safety standards in effect at the time construction is completed, and all requirements of chapter 9, title 49, Idaho Code.

(q) Specialty off-highway vehicle. A specialty off-highway vehicle as defined in section 67-7101, Idaho Code.

(r) Tank vehicle.

(i) Any commercial motor vehicle transporting, or designed to transport, any liquid or gaseous materials within:

1. A tank that is either permanently or temporarily attached or secured to the vehicle or chassis and has a rated capacity of one thousand (1,000) gallons or more; or

2. Multiple tanks either permanently or temporarily attached or secured, when the aggregate rated capacity of those tanks is one thousand (1,000) gallons or more, as determined by adding the capacity of each individual tank with a capacity of more than one hundred nineteen (119) gallons.

(ii) If a commercial motor vehicle transports one (1) or more tanks that are manifested either as empty or as residue and that are actually empty or contain only residue, those tanks shall not be considered in determining whether the vehicle is a tank vehicle.

(s) Total loss vehicle. Every vehicle that is deemed to be uneconomical to repair. A total loss shall occur when an insurance company or any other person pays or makes other monetary settlement to the owner when it is deemed to be uneconomical to repair the damaged vehicle. The compensation for total loss as defined herein shall not include payments by an insurer or other person for medical care, bodily injury, vehicle rental or for anything other than the amount paid for the actual damage to the vehicle.

(3) "Vehicle identification number." (See "identifying number," section 49-110, Idaho Code)

(4) "Vehicle salesman" means any person who, for a salary, commission or compensation of any kind, is employed either directly or indirectly, or regularly or occasionally by any dealer to sell, purchase or exchange, or to negotiate for the sale, purchase or exchange of vehicles. (See also "full-time salesman," section 49-107, Idaho Code, and "part-time salesman," section 49-117, Idaho Code)

(5) "Vessel." (See section 67-7003, Idaho Code)

(6) "Veteran." (See section 65-203, Idaho Code)

(7) "Violation" means a conviction of a misdemeanor charge involving a moving traffic violation, or an admission or judicial determination of the commission of an infraction involving a moving traffic infraction, except bicycle infractions.

History:

[49-123, added 1988, ch. 265, sec. 2, p. 569; am. 1989, ch. 285, sec. 4, p. 703; am. 1989, ch. 310, sec. 6, p. 777; am. 1989, ch. 318, sec. 2, p. 818; am. 1990, ch. 45, sec. 10, p. 83; am. 1990, ch. 295, sec. 1, p. 815; am. 1991, ch. 272, sec. 5, p. 692; am. 1991, ch. 288, sec. 2, p. 741; am. 1992, ch. 115, sec. 4, p. 351; am. 1993, ch. 376, sec. 1, p. 1377; am. 1994, ch. 296, sec. 1, p. 934; am. 1995, ch. 122, sec. 2, p. 528; am. 1996, ch. 308, sec. 1, p. 1010; am. 1997, ch. 355, sec. 1, p. 1047; am. 1999, ch. 298, sec. 1, p. 746; am. 2000, ch. 469, sec. 110, p. 1566; am. 2002, ch. 160, sec. 3, p. 470; am. 2005, ch. 183, sec. 3, p. 562; am. 2006, ch. 51, sec. 18, p. 159; am. 2008, ch. 84, sec. 1, p. 215; am. 2008, ch. 198, sec. 4, p. 636; am. 2008, ch. 330, sec. 2, p. 904; am. 2009, ch. 11, sec. 18, p. 28; am. 2009, ch. 157, sec. 5, p. 462; am. 2014, ch. 38, sec. 3, p. 70; am. 2014, ch. 91, sec. 2, p. 245; am. 2015, ch. 208, sec. 3, p. 639; am. 2017, ch. 147, sec. 2, p. 360; am. 2019, ch. 84, sec. 4, p. 204; am. 2020, ch. 44, sec. 3, p. 100; am. 2025, ch. 80, sec. 1, p. 361; am. 2025, ch. 94, sec. 28, p. 474.]
Idaho Code § 49-2212 — Idaho Code / Title 49 / Chapter 22 / Section 49-2212
49-2212 CHANGE OF FEDERAL RULES AND REGULATIONS.
Status: in_force

49-2212. Change of federal rules and regulations. Whenever any federal rule or regulation is cited in this chapter and is amended, modified, repealed or recodified, its successor rule or regulation shall govern and be operative.

History:

[49-2212, added 1988, ch. 265, sec. 464, p. 820.]
Idaho Code § 49-910 — Idaho Code / Title 49 / Chapter 9 / Section 49-910
49-910 COLOR OF CLEARANCE LAMPS, SIDE MARKER LAMPS, AND REFLECTORS.
Status: in_force

49-910. Color of clearance lamps, side marker lamps, and reflectors. (1) Front clearance lamps and marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.

(2) Rear clearance lamps and marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.

(3) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stoplight or other signal device, which may be red, amber, or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a back-up lamp may be white, amber, or red.

History:

[49-910, added 1988, ch. 265, sec. 235, p. 693.]
Idaho Code § 49-408A — Idaho Code / Title 49 / Chapter 4 / Section 49-408A
49-408A CUSTOM VEHICLE LICENSE PLATES.
Status: in_force

49-408A. custom vehicle license plates. (1) Any motor vehicle that is a replica vehicle pursuant to section 49-123(2)(n), Idaho Code, and is designed and manufactured to resemble a vehicle or motorcycle that would qualify for Idaho classic license plates pursuant to section 49-406A, Idaho Code, may be registered as a custom vehicle under the provisions of this section. The provisions of this section do not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.

(2) A vehicle must be in compliance with Idaho law with respect to its equipment and operating condition to qualify for a custom vehicle license plate under this section.

(3) Upon receipt of an application on a form prescribed by the department for a custom vehicle license plate, accompanied by other documentation that may be required to verify that a vehicle qualifies under this section, the department shall issue to the applicant a custom vehicle license plate that shall be displayed on the rear of the vehicle. The registration certificate need not specify the weight of the custom vehicle. The license plate issued shall bear no date but shall bear the inscription "Custom Vehicle," "Idaho," and the registration number issued for the custom vehicle, and the license plate shall be valid upon annual renewal under section 49-402 or 49-434(1), Idaho Code, as long as the vehicle is in existence. The license plate will be issued for the applicant's use only for the particular vehicle, and, in the event of a transfer of title, the transferor may hold the license plate and transfer it to another qualifying custom vehicle.

(4) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee 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.

(5) The department has the power to revoke any registration issued under this section for cause shown for failure of the applicant to comply with the provisions of this section.

History:

[49-408A, added 2021, ch. 200, sec. 1, p. 549.]
Idaho Code § 49-417E — Idaho Code / Title 49 / Chapter 4 / Section 49-417E
49-417E IDAHO WORLD FAMOUS POTATOES BLACK AND WHITE LICENSE PLATE.
Status: in_force

49-417E. IDAHO world FAMOUS POTATOES BLACK AND WHITE LICENSE PLATE. (1) On and after July 1, 2025, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, 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 world famous potatoes black and white 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 Idaho world famous potatoes black and white license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.

(3) In addition to the regular registration fee required pursuant to this chapter, the applicant shall be charged a fee of seventy dollars ($70.00) for the initial issuance of plates and fifty dollars ($50.00) for each succeeding annual registration. Forty-five dollars ($45.00) of the initial fee and thirty-five dollars ($35.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the Idaho potato commission created in chapter 12, title 22, Idaho Code, and shall be used exclusively for the purposes described in section 22-1207(17), 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 world famous potatoes black and white license plate shall have a black background, white characters, and display the words "Idaho World Famous Potatoes." The design shall be approved by the department, utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho potato commission.

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

History:

[49-417E, added 2025, ch. 109, sec. 3, p. 572.]
Idaho Code § 49-207 — Idaho Code / Title 49 / Chapter 2 / Section 49-207
49-207 MUNICIPAL REGISTRATION PROHIBITED — POWER TO ENACT REGULATORY ORDINANCES NOT ABOLISHED.
Status: in_force

49-207. Municipal registration prohibited — Power to enact regulatory ordinances not abolished. (1) Authorities of counties and cities shall have no power to pass, enforce or maintain any ordinance requiring, from any owner of a vehicle or any dealer to which this title shall be applicable, any tax, license or permit for the free use of the public highways of a county or city, or prohibiting or excluding any owner or dealer from the free use of such highways or excluding or prohibiting any vehicle registered in compliance with the provisions of this title from the free use of the highways. Powers given by general statutes to local authorities in cities to enact general ordinances applicable equally and generally to all vehicles and the use of highways to bring about the orderly passage of vehicles upon certain highways in such cities where the traffic is heavy and continuous, and powers given to cities to regulate vehicles offered to the public for hire, or processions, assemblages or parades on the highways or in public places shall remain in full force and effect, and all ordinances which may have been or which may be enacted in pursuance of those powers shall remain in full force and effect. These provisions of law shall not be construed to prevent cities from enacting and enforcing general ordinances prescribing additional requirements as to speed, manner of driving or operating vehicles on any of the highways of such cities, and prescribing other requirements pertaining to signals to be given by drivers or operators of motor vehicles, the carrying of lights on motor vehicles, the turning of motor vehicles on highways, and requirements for motor vehicles in passing other vehicles and pedestrians.

(2) Whenever local authorities in their respective jurisdictions determine on the basis of an engineering or traffic investigation, and the residential, urban or business character of the neighborhood abutting the highway in a residential, business or urban district that the speed limit permitted under this title is greater than is reasonable and safe under the conditions found to exist upon a highway or part of a highway or because of the residential, urban or business character of the neighborhood abutting the highway in a residential, business or urban district, the local authority may determine and declare a reasonable and safe maximum limit which:

(a) Decreases the limit within a residential, business or urban district;

(b) Increases the limit within a nonresidential area of an urban district but not to more than seventy (70) miles per hour; or

(c) Decreases the limit outside an urban district.

(3) Local authorities in their respective jurisdictions shall determine by an engineering or traffic investigation the proper maximum speed not exceeding a maximum limit of seventy (70) miles per hour for all arterial highways and shall declare a reasonable and safe maximum limit which may be greater or less than the limit permitted under this title for an urban district.

(4) Any altered speed limit established shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice are erected upon the highway. Any alteration of maximum limits on state highways or extensions in a municipality by local authorities shall not be effective until the alteration has been approved by the department. Provided however, that any alteration of speed limits must be based upon a traffic engineering study approved by the department and completed according to department standards. The alteration of speed limits by local authorities shall be done in consultation with the department. In the event of disagreement between the department and local authorities, the department traffic study shall be adopted, unless the local government traffic study is submitted to the Idaho transportation department board and the board adopts the local study in whole or in part.

History:

[49-207, added 1988, ch. 265, sec. 8, p. 577; am. 1989, ch. 310, sec. 9, p. 783; am. 1991, ch. 100, sec. 2, p. 222; am. 1996, ch. 270, sec. 3, p. 877; am. 1997, ch. 155, sec. 4, p. 448; am. 2012, ch. 325, sec. 4, p. 902; am. 2014, ch. 126, sec. 3, p. 359.]
Idaho Code § 49-1415 — Idaho Code / Title 49 / Chapter 14 / Section 49-1415
49-1415 ILLEGAL CANCELLATION OF TRAFFIC CITATION — AUDIT OF CITATION RECORDS.
Status: in_force

49-1415. Illegal cancellation of traffic citation — Audit of citation records. (1) Any person who cancels or solicits the cancellation of any traffic citation, in any manner other than as provided in this chapter, shall be guilty of a misdemeanor.

(2) Every record of traffic citations required in this chapter shall be audited at least biennially by the appropriate fiscal officer of the governmental agency to which the traffic-enforcement agency is responsible.

(3) The fiscal officer shall publish or cause to be published at least biennially a summary of all traffic violation notices issued by the traffic-enforcement agency and their dispositions in at least one (1) local newspaper of general circulation.

History:

[49-1415, added 1988, ch. 265, sec. 351, p. 749.]
Idaho Code § 49-319 — Idaho Code / Title 49 / Chapter 3 / Section 49-319
49-319 EXPIRATION AND RENEWAL OF DRIVER'S LICENSE.
Status: in_force

49-319. Expiration and renewal of driver's license. (1) Every noncommercial Idaho driver's license issued to a driver shall expire and be renewable as follows:

(a) For drivers twenty-one (21) years of age or older, the driver's license shall expire on the licensee's birthday in the fourth year following the issuance of the driver's license.

(b) At the option of the applicant, for drivers twenty-one (21) years of age through sixty-two (62) years of age, the driver's license shall expire on the licensee's birthday in either the fourth year or the eighth year following the issuance of the driver's license.

(c) Except for the provisions found in subsections (1)(e) and (3) of this section, every driver's license issued to a driver under eighteen (18) years of age shall expire five (5) days after the licensee's eighteenth birthday.

(d) Except for the provisions found in subsections (1)(e) and (3) of this section, every driver's license issued to a driver eighteen (18) years of age but under twenty-one (21) years of age shall expire five (5) days after the licensee's twenty-first birthday.

(e) Every driver's license that is not, as provided by law, suspended, revoked or disqualified in this state or any other jurisdiction shall be renewable on or before its expiration, but not more than twenty-five (25) months before, upon application, payment of the required fee, and satisfactory completion of the required vision screening. Notwithstanding the provisions of this section, a person who has had his noncommercial Idaho driver's license suspended may renew his driver's license as provided in this section, which renewal shall be subject to the suspension.

(2) Except for the provisions of subsection (3) of this section, at the option of the applicant, every commercial driver's license issued to a person twenty-one (21) years of age through sixty-two (62) years of age shall expire on the licensee's birthday in the fourth or eighth year following issuance of the license. Any class A, B or C license issued to a person eighteen (18), nineteen (19) or twenty (20) years of age shall expire five (5) days after the licensee's twenty-first birthday.

(3) Every driver's license issued to a person who is not a citizen or permanent legal resident of the United States shall have an expiration date that is the same date as the end of lawful stay in the United States, as indicated on documents issued and verified by the department of homeland security; however, the expiration date shall not extend beyond the expiration date for the same category of license issued to citizens. Persons whose department of homeland security documents do not state an expiration date shall be issued a driver's license with an expiration date of one (1) year from the date of issuance. Fees shall be in accordance with the expiration periods and classes listed in section 49-306(1), Idaho Code.

(4) An applicant who is issued a driver's license in another jurisdiction after an Idaho driver's license has been issued is not eligible for renewal or a duplicate of the Idaho driver's license. The applicant may apply for a new Idaho driver's license as provided in section 49-306, Idaho Code.

(5) No knowledge test shall be required for renewal of a driver's license. No knowledge test shall be required if an applicant for a new class D Idaho driver's license has previously held an Idaho driver's license. Appropriate knowledge and skills tests shall be required for an upgrade in a driver's license class, renewal of a hazardous material endorsement, or an endorsement addition. In the case of a name change, the applicant shall provide legal documentation to verify the change in accordance with department rules.

(6) Applicants for a hazardous material endorsement shall provide either proof of United States citizenship or proof of lawful, permanent United States residence and a valid federal bureau of citizenship and immigration services alien registration number. A security background records check and federal transportation security administration clearance shall be required for issuance, renewal or transfer of a hazardous material endorsement in accordance with 49 CFR 383, subject to procedures established by the federal transportation security administration.

(7) When a driver's license has been expired for fewer than twenty-five (25) months, the renewal of the driver's license shall start from the original date of expiration, regardless of the year in which the application for renewal is made. If the driver's license is expired for twenty-five (25) months or more, the applicant shall be required to take the appropriate knowledge test(s) and skills test(s) for the class of license or endorsement being applied for and undergo vision screening. The license shall expire on the licensee's birthday in the fourth year following issuance of the driver's license for drivers twenty-one (21) years of age or older, except as otherwise provided in subsections (1)(e) and (3) of this section. At the option of the applicant, for drivers twenty-one (21) years of age through sixty-two (62) years of age, the renewed license shall expire on the licensee's birthday in either the fourth year or the eighth year following issuance, except as otherwise provided in subsections (1)(e) and (3) of this section.

(8)(a) If a driver's license has expired or will expire and the licensee is temporarily out of state, except on active military duty, and the driver's license has not, as provided by law, been suspended, revoked, canceled, denied, refused or disqualified, the licensee may request in writing on a form prescribed by the department an extension of the driver's license. The request shall be accompanied by the fee fixed in section 49-306, Idaho Code, and the extension shall be no more than a twelve (12) month period. If the department determines that an extension of the driver's license is necessary, it may issue a license showing the date to which the expired driver's license is extended. License extensions are limited to two (2) consecutive extensions per licensee.

(b) Upon returning to the state of Idaho, the licensee shall, within ten (10) days, apply for a renewal of the expired driver's license and surrender the extended license and the expired driver's license.

(c) A hazardous material endorsement cannot be extended.

(9) An Idaho driver's license issued to any person prior to serving on active duty in the armed forces of the United States, or a member of the immediate family accompanying such a person, if valid and in full force and effect upon entering active duty, shall remain in full force and effect and shall, upon application, be extended for a period of four (4) years as long as active duty continues or shall be renewed upon application in person without the requirement to take a knowledge or skills test if the Idaho driver's license expired while on active duty, if the driver's license is not suspended, denied, disqualified, canceled or revoked, as provided by law, during the active duty, and the driver's license shall remain in full force and effect sixty (60) days following the date the holder is released from active duty.

(10) The department may use a mail or electronic renewal process for class D and commercial driver's licenses based on criteria established by rule.

(11) A seasonal driver's license is valid only for a one-hundred-eighty (180) day period from the date of issuance. Only one (1) seasonal driver's license may be obtained in any twelve (12) month period and may be obtained only twice in a driver's lifetime.

(12) A person who applies for renewal of a license may request that the notation "permanently disabled" be imprinted on the license, and the department shall imprint "permanently disabled" on the license if:

(a) The person has a permanent disability;

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

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

History:

[49-319, added 1988, ch. 265, sec. 53, p. 598; am. 1989, ch. 88, sec. 31, p. 180; am. 1990, ch. 45, sec. 22, p. 97; am. 1992, ch. 115, sec. 15, p. 365; am. 1993, ch. 300, sec. 6, p. 1113; am. 1996, ch. 371, sec. 11, p. 1262; am. 1998, ch. 110, sec. 22, p. 405; am. 1999, ch. 81, sec. 12, p. 253; am. 1999, ch. 317, sec. 2, p. 800; am. 1999, ch. 318, sec. 3, p. 808; am. 2000, ch. 56, sec. 2, p. 116; am. 2001, ch. 332, sec. 4, p. 1169; am. 2004, ch. 126, sec. 4, p. 431; am. 2004, ch. 297, sec. 3, p. 829; am. 2004, ch. 339, sec. 1, p. 1012; am. 2008, ch. 63, sec. 3, p. 161; am. 2012, ch. 32, sec. 2, p. 98; am. 2022, ch. 118, sec. 2, p. 427; am. 2023, ch. 9, sec. 1, p. 31; am. 2024, ch. 13, sec. 2, p. 123; am. 2025, ch. 24, sec. 3, p. 78.]
Idaho Code § 49-243 — Idaho Code / Title 49 / Chapter 2 / Section 49-243
49-243 SEVERABILITY.
Status: in_force

49-243. Severability. The provisions of this title are declared to be severable, and if any provision of this title or the application of that provision to any person or circumstance is declared invalid for any reason, that declaration shall not affect the validity of remaining portions of this title.

History:

[49-243, added 1988, ch. 265, sec. 33, p. 588.]
Idaho Code § 49-515 — Idaho Code / Title 49 / Chapter 5 / Section 49-515
49-515 LOST, MUTILATED OR ILLEGIBLE CERTIFICATES — DUPLICATE CERTIFICATES.
Status: in_force

49-515. Lost, mutilated or illegible certificates — Duplicate certificates. In the event any certificate of title is lost, mutilated or becomes illegible, the owner or legal representative of the owner of the vehicle, or the holder of the lien which is prior in date and time as shown by the records of the department, shall immediately make application for and may obtain a duplicate certificate of title upon the applicant furnishing information satisfactory to the department. Any certificate of title issued pursuant to this section shall have printed or stamped in ink upon its face "duplicate title". In the event of the recovery of the original certificate of title by the owner or the first lienholder, he shall immediately surrender it to the department for cancellation.

History:

[49-515, added 1988, ch. 265, sec. 130, p. 650; am. 1991, ch. 153, sec. 8, p. 367.]
Idaho Code § 49-213 — Idaho Code / Title 49 / Chapter 2 / Section 49-213
49-213 PARKING SPACES FOR PERSONS WITH A DISABILITY — MARKING AND SIGNING — ENFORCEMENT.
Status: in_force

49-213. Parking spaces for persons with a disability — Marking and signing — Enforcement. (1) Local governments and owners of private property open to public use shall designate parking zones and spaces to be used exclusively by vehicles displaying a special license plate for a person with a disability, or a special placard as prescribed in section 49-410, Idaho Code. Any parking zones and spaces so designated shall conform to the following requirements:

(a) Parking lots will conform to the requirements of federal Public Law 101-336, Americans with disabilities act of 1990.

(b) One (1) parking space shall be designated for every thirty-five (35) spaces of on-street parking available on each downtown street block. These parking spaces shall be parallel with the sidewalk where parallel parking is required, or at an angle to the sidewalk where angle parking is required. Should angle parking be used, the parking spaces so designated for use by a person with a disability shall conform to the federal Americans with disabilities act. All accessible parking spaces shall be located on the shortest route to curb cuts and ramps for use by wheelchairs and other mobility aids and devices. For the purposes of this section, the term "downtown" means the business center of a city as designated by the city council of the city. The term "street block" means that portion of a city street between consecutive parallel intersections.

(c) For each designated parking space or area there shall be posted immediately adjacent to, and visible from each stall or space, a sign consisting of the international accessibility symbol as shown in section 49-410, Idaho Code.

(d) Should any city desire to modify any of the requirements of subsection (1)(a) or (b) of this section, a city council may do so by ordinance, after complying with the following requirements:

1. The city council, or any other body designated by the city council by ordinance, shall receive a recommendation from a board, commission or committee created in conformity with section 50-210, Idaho Code, of which at least one-half (1/2) of the members shall be persons with a disability as defined in section 49-117, Idaho Code; and

2. The city shall cause notice of public hearing on the proposed ordinance modifying the standards specified in subsection (1)(a) or (b) of this section, to be published in a newspaper of general circulation in the city at least fourteen (14) days before the public hearing.

(2) Parking a vehicle or the standing of a vehicle in a space reserved for a person with a disability, which space is signed in conformance with the requirements specified in subsection (1)(c) of this section, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or placard or temporary placard for a person with a disability is displayed on the vehicle. It is prohibited for any person to park a motor vehicle in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in such manner as it would block access to a curb cut or ramp. The registered owner of a vehicle parked in violation of the provisions of this subsection is guilty of an infraction, which is punishable by a fine of one hundred dollars ($100). Vehicles parked in violation of this section may be towed pursuant to provisions of state law or local ordinance.

(3) Law enforcement officials and/or their designees as authorized by a city or county are empowered to enter upon private property open to public use to enforce the provisions of this section.

History:

[49-213, added 1988, ch. 265, sec. 14, p. 581; am. 1989, ch. 310, sec. 10, p. 784; am. 1994, ch. 264, sec. 3, p. 817; am. 2003, ch. 162, sec. 1, p. 456.]
Idaho Code § 49-1708 — Idaho Code / Title 49 / Chapter 17 / Section 49-1708
49-1708 INSPECTION PRIOR TO SALE.
Status: in_force

49-1708. Inspection prior to sale. No lien sale conducted pursuant to this chapter shall be undertaken unless the vehicle has been available for public inspection, at a location easily accessible to the public, for at least one (1) hour before sale. Sealed bids shall not be accepted. The possessory lien holder shall conduct the sale in a commercially reasonable manner.

History:

[49-1708, added 1988, ch. 265, sec. 415, p. 792.]
Idaho Code § 49-528 — Idaho Code / Title 49 / Chapter 5 / Section 49-528
49-528 CIRCUMSTANCES UNDER WHICH TRANSITIONAL OWNERSHIP DOCUMENT ACCEPTABLE AS EVIDENCE OF OWNERSHIP.
Status: in_force

49-528. Circumstances under which transitional ownership document acceptable as evidence of ownership. A transitional ownership document is acceptable as evidence of ownership only if the primary ownership document:

(1) Is not in the possession of the selling dealer, new security interest holder or the agent of either at the time the transitional ownership document is submitted to the department; and

(2) To the best of the knowledge of the selling dealer, security interest holder or agent, will not be available for submission to the department within thirty (30) days of the date of sale or if no sale is involved, within the date of a security agreement or contract.

History:

[49-528, added 2000, ch. 320, sec. 1, p. 1079; am. 2007, ch. 66, sec. 4, p. 171.]
Idaho Code § 49-721 — Idaho Code / Title 49 / Chapter 7 / Section 49-721
49-721 BICYCLES ON SIDEWALKS.
Status: in_force

49-721. Bicycles on sidewalks. (1) A person operating a bicycle upon and along a sidewalk, or across a highway upon and along a crosswalk, shall yield the right-of-way to any pedestrian, and shall give an audible signal before overtaking and passing a pedestrian or another bicyclist.

(2) A person shall not operate a bicycle along and upon a sidewalk or across a highway upon and along a crosswalk, where the use of bicycles is prohibited by official traffic control devices.

(3) A person operating a vehicle by human power, or operating a motorized wheelchair or an electric personal assistive mobility device upon and along a sidewalk, or across a highway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.

History:

[49-721, added 1988, ch. 265, sec. 210, p. 680; am. 2002, ch. 160, sec. 5, p. 473.]
Idaho Code § 49-917 — Idaho Code / Title 49 / Chapter 9 / Section 49-917
49-917 LAMPS ON OTHER VEHICLES AND EQUIPMENT.
Status: in_force

49-917. Lamps on other vehicles and equipment. Every vehicle, including animal-drawn vehicles and other vehicles not specifically required by the provisions of this chapter to be equipped with lamps or other lighting devices, shall at all times specified in section 49-903, Idaho Code, be equipped with at least one (1) lamp displaying a white light visible from a distance of not less than five hundred (500) feet to the front of the vehicle, and shall also be equipped with two (2) lamps displaying a red light visible from the same distance to the rear of the vehicle, or as an alternative, one (1) lamp displaying a red light visible from the same distance to the rear and two (2) red reflectors visible for distances of one hundred (100) to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps.

History:

[49-917, added 1988, ch. 265, sec. 243, p. 697.]
Idaho Code § 49-1815 — Idaho Code / Title 49 / Chapter 18 / Section 49-1815
49-1815 FEE TO ACCOMPANY INFORMATION REQUEST.
Status: in_force

49-1815. FEE TO ACCOMPANY INFORMATION REQUEST. Upon entering the towed vehicle information into the portal, the department shall receive a fee in accordance with section 49-202(2)(g), Idaho Code.

History:

[49-1815, added 2025, ch. 218, sec. 2, p. 1033.]
Idaho Code § 49-428 — Idaho Code / Title 49 / Chapter 4 / Section 49-428
49-428 DISPLAY OF PLATE.
Status: in_force

49-428. Display of plate. (1) License plates assigned to a motor vehicle shall be attached, one (1) in the front, if the vehicle is equipped with a front license plate mounting bracket, and the other in the rear, with the exception of the following:

(a) The license plate assigned to a motorcycle, all-terrain vehicle, utility type vehicle, motorbike or semitrailer and the license plate assigned to a motor vehicle operated by a manufacturer, repossession agent or dealer shall be attached to the rear.

(b) Vehicles displaying year of manufacture, old timer, classic car, street rod, or custom vehicle license plates shall be allowed to display one (1) plate attached to the rear of the vehicle.

(c) The license plate attached to a tractor shall be attached to the front.

(d) The wrecker plate shall be displayed on the vehicle being towed in such a manner as to be visible when the vehicle being towed is approached from the rear.

License plates shall be displayed during the current registration year. For the purposes of this title, the license plates together with the registration card shall be considered as license plates for the year designated on the registration card.

(2) Every license plate shall at all times be securely fastened to the vehicle to which it is assigned to prevent the plate from swinging, be at a height not less than twelve (12) inches from the ground, measuring from the bottom of the plate, be in a place and position to be clearly visible, and be maintained free from foreign materials and in a condition to be clearly legible.

History:

[49-428, added 1988, ch. 265, sec. 90, p. 621; am. 1990, ch. 391, sec. 3, p. 1095; am. 1992, ch. 35, sec. 18, p. 121; am. 1998, ch. 392, sec. 9, p. 1211; am. 2008, ch. 409, sec. 5, p. 1132; am. 2009, ch. 287, sec. 2, p. 862; am. 2020, ch. 125, sec. 4, p. 386; am. 2021, ch. 149, sec. 28, p. 420; am. 2021, ch. 200, sec. 2, p. 550; am. 2025, ch. 316, sec. 2, p. 1321; am. 2026, ch. 9, sec. 7, p. 70.]
Idaho Code § 49-2205 — Idaho Code / Title 49 / Chapter 22 / Section 49-2205
49-2205 HAZARDOUS MATERIAL/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT FUND.
Status: in_force

49-2205. Hazardous material/hazardous waste transportation enforcement fund. (1) For the purposes of the Idaho state police, there is hereby created a fund in the state treasury, to be designated the hazardous material/hazardous waste transportation enforcement fund.

(2) The fund shall consist of:

(a) Moneys appropriated to the fund;

(b) Moneys as provided in sections 49-2202 and 49-2203, Idaho Code, and in subsections (1) and (2) of section 49-2209, Idaho Code;

(c) Donations, gifts and grants from any source; and

(d) Any other moneys which may hereafter be provided by law.

(3) Moneys in the fund may be used by the director for reasonable costs incident to enforcement of the laws and rules related to the transportation of hazardous material or hazardous waste. Such costs include expenditures for inspection and monitoring programs, training of law enforcement personnel to meet specialized needs of hazardous materials/hazardous waste enforcement, and other reasonable expenses necessary for the enforcement of such programs.

(4) All moneys placed in the fund shall be appropriated annually by the legislature for the purposes described in subsection (3) of this section. All expenditures from the fund shall be paid out in warrants drawn by the state controller upon presentation of the proper vouchers.

(5) Pending use, surplus moneys in the fund shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code.

(6) An amount of money equal to the actual and reasonable cost of issuing the permits and endorsements, collecting the moneys for them, and the direct administrative costs as determined by the department and certified by the state controller, shall be paid to the state highway fund established in section 40-702, Idaho Code.

History:

[49-2205, added 1988, ch. 265, sec. 457, p. 815; am. 1994, ch. 180, sec. 90, p. 487; am. 2000, ch. 469, sec. 121, p. 1583.]
Idaho Code § 49-1626 — Idaho Code / Title 49 / Chapter 16 / Section 49-1626
49-1626 PAYMENT FOR DELIVERY PREPARATION AND WARRANTY SERVICE.
Status: in_force

49-1626. Payment for delivery preparation and warranty service. (1) Each manufacturer or distributor shall specify in writing to each of its dealers licensed in this state, the dealer's obligations for predelivery preparation and warranty service on its products, compensate the dealer for service required of the dealer by the manufacturer or distributor, provide the dealer a schedule of compensation to be paid the dealer for parts, work and service in connection with its products, and the time allowance for the performance of that work and service.

(2) In no event shall a schedule of compensation fail to include reasonable compensation for diagnostic work, as well as repair service and labor. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed.

(3) It is unlawful for a new vehicle manufacturer or distributor to fail to perform any warranty obligations or to fail to include in written notices of factory recalls to new vehicle owners and dealers, the expected date by which necessary parts and equipment will be available to dealers for the correction of those defects, or to fail to compensate any of the dealers in this state for repairs affected by recall.

(4) A vehicle dealer may submit a warranty claim to a manufacturer or distributor if a warranty defect is identified and documented prior to the expiration of a manufacturer's or distributor's warranty:

(a) While a franchise agreement is in effect; or

(b) After the termination of a franchise agreement if the claim is for work performed while the franchise agreement was in effect.

(5) All claims made by dealers pursuant to this section for labor and parts shall be paid within thirty (30) days following their approval. All claims shall be either approved or disapproved within thirty (30) days after their receipt, on forms and in the manner specified by the manufacturer or distributor, and any claim not specifically disapproved in writing within thirty (30) days after receipt shall be construed to be approved and payment must follow within thirty (30) days.

(6) A dealer whose claim has been denied due to failure to comply with a specific claim processing requirement, such as a clerical error or other administrative technicality that does not put into question the legitimacy of the claim, may resubmit the corrected claim as provided for in subsection (7) of this section.

(7) A dealer shall have thirty (30) days from the date of notification by a manufacturer or distributor of a denial of a claim or a charge-back to the dealer to resubmit a claim for payment or compensation if the claim was denied for any of the reasons described in subsection (6) of this section, whether the charge-back was a direct or an indirect transaction, unless a longer period of time is provided for by the manufacturer or distributor.

(8) Notwithstanding the terms of a franchise agreement or other contract with a dealer and except as provided in subsection (9) of this section, after the expiration of one (1) year after the date of payment of the warranty claim, a manufacturer or distributor shall not audit the records of a motor vehicle dealer to determine compliance with the terms of a warranty claim. Provided however, that the manufacturer or distributor may audit the dealer for fraudulent claims during any period for which an action for fraud may be commenced.

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

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

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

(10) Nothing in subsection (8) or (9) of this section shall prevent a manufacturer or distributor from instituting a legal action for fraud as provided for in section 5-218, Idaho Code.

(11) The schedule of compensation for warranty parts and labor shall not be less than the rates charged by the dealer for similar service to retail customers for nonwarranty parts and labor; provided that such dealer's retail rate is not unreasonable when compared with other motor vehicle franchises from the same or competitive lines for similar merchandise or services in the geographic area in which the dealer is engaged in business.

(a) For purposes of determining the schedule of compensation paid to a dealer by the manufacturer or distributor, the following shall not be considered in determining amounts charged by the dealer to retail customers:

(i) Menu-priced parts or services;

(ii) Repairs for manufacturer or distributor special events;

(iii) Repairs covered by any insurance or service contract;

(iv) Vehicle emission or safety inspections required by federal, state or local governments;

(v) Parts sold at wholesale or repairs performed at wholesale, which shall include any sale or service to a fleet of vehicles;

(vi) Engine assemblies and transmission assemblies;

(vii) Routine maintenance not covered under any retail customer warranty including, but not necessarily limited to, maintenance involving fluids, filters and belts not provided in the course of repairs;

(viii) Nuts, bolts, fasteners and similar items that do not have an individual part number;

(ix) Tires; or

(x) Vehicle reconditioning.

(b) The dealer shall establish their schedule of compensation under the provisions of this section by submitting to the manufacturer or distributor one hundred (100) sequential customer paid service repair orders or ninety (90) days of customer paid service repair orders, whichever is less, covering repairs made no more than one hundred eighty (180) days before the submission of such customer paid service repair orders and declaring the schedule of compensation. The new schedule of compensation shall take effect within ninety (90) days after the initial submission to the manufacturer or distributor and shall be presumed to be fair and reasonable. However, within thirty (30) days following receipt of the declared schedule of compensation from the dealer, the manufacturer or distributor may make reasonable requests for additional information supporting the declared schedule of compensation. The ninety (90) day time frame in which the manufacturer or distributor shall make the schedule of compensation effective shall commence following receipt from the dealer of any reasonably requested supporting information. No manufacturer or distributor shall require a motor vehicle dealer to establish a schedule of compensation by any other methodology or require supportive information that is unduly burdensome or time consuming to provide including, but not limited to, part by part or transaction by transaction calculations. The dealer shall not request a change in the schedule of compensation more than once every twelve (12) months.

(12) It is unlawful for a manufacturer or distributor or subsidiary to own, operate or control, either directly or indirectly, a motor vehicle warranty or service facility located in this state except on an emergency or interim basis or if no qualified applicant has applied for appointment as a dealer in a market previously served by a motor vehicle dealer of that manufacturer or distributor's line make except as provided for in section 49-1613(3)(g), Idaho Code.

(13) A manufacturer may not otherwise recover all or any portion of its costs for compensating its dealers licensed in this state for warranty parts and labor either by reduction in the amount due to the dealer or by separate charge, surcharge or other imposition; provided however, a manufacturer or distributor shall not be prohibited from increasing prices for vehicles or parts in the normal course of business.

(14) All procedures and protections afforded to a motor vehicle dealer under the provisions of this section shall be available to a recreational vehicle dealer. However, the schedule of compensation afforded under subsection (11) of this section shall not apply to compensation for parts, systems, fixtures, appliances, furnishings, accessories and features of a recreational vehicle that are designed, used and maintained primarily for nonvehicular residential purposes.

History:

[49-1626, added 1988, ch. 265, sec. 399, p. 784; am. 1997, ch. 312, sec. 2, p. 925; am. 2011, ch. 327, sec. 4, p. 959.]
Idaho Code § 49-928 — Idaho Code / Title 49 / Chapter 9 / Section 49-928
49-928 SPECIAL RESTRICTIONS ON LAMPS.
Status: in_force

49-928. Special restrictions on lamps. (1) Any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, or flashing turn signals, emergency vehicle warning lamps, and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the high-intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five (75) feet from the vehicle.

(2) No person shall drive or move any vehicle or equipment upon any highway with any lamp or device displaying a red light visible from directly in front of the center of the vehicle or equipment. This section shall not apply to any vehicle upon which a red light visible from the front is expressly authorized or required by this title.

(3) As a practical means of determining whether head lamps or auxiliary driving or fog lamps glare the following test shall apply: Any such lamp shall be deemed to be glaring if any part of the main beam strikes the body of a person, vehicle, screen or other object higher than the lamp centers twenty-five (25) feet or more ahead of the vehicle and in no event shall the main bright portion of the beam be higher than forty-two (42) inches at a distance of seventy-five (75) feet ahead of the vehicle.

(4) Flashing lights are prohibited except on an authorized emergency vehicle, school bus, snow removal equipment, or on any vehicle as a means for indicating a right or left turn, or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking or passing.

History:

[49-928, added 1988, ch. 265, sec. 254, p. 702.]
Idaho Code § 49-1403 — Idaho Code / Title 49 / Chapter 14 / Section 49-1403
49-1403 OFFENSES BY PERSONS OWNING OR CONTROLLING VEHICLES.
Status: in_force

49-1403. Offenses by persons owning or controlling vehicles. It shall be unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle, to require or knowingly permit the operation of the vehicle upon a highway in any manner contrary to law.

History:

[49-1403, added 1988, ch. 265, sec. 339, p. 745.]
Idaho Code § 49-915 — Idaho Code / Title 49 / Chapter 9 / Section 49-915
49-915 SCHOOL BUSES — VISUAL SIGNAL.
Status: in_force

49-915. School buses — Visual signal. (1) Every school bus shall, in addition to any other equipment and distinctive markings required by this title, be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall display to the front two (2) alternately flashing red lights located at the same level and to the rear two (2) alternately flashing red lights located at the same level. These lights shall be visible at five hundred (500) feet in normal sunlight.

(2) Any school bus shall, in addition to the lights required by subsection (1), be equipped with yellow signal lamps mounted near each of the four (4) red lamps and at the same level, but closer to the vertical centerline of the bus, which shall display two (2) alternately flashing yellow lights to the front and two (2) alternately flashing yellow lights to the rear. These lights shall be visible at five hundred (500) feet in normal sunlight. These lights shall be displayed by the school bus driver at least two hundred (200) feet before every stop at which the alternately flashing red lights required by subsection (1) will be actuated.

(3) Every school bus shall be equipped with a semaphore stop arm which shall be a flat eighteen (18) inch octagon exclusive of brackets for mounting, with reflectorized material on both sides, be red with a silver white border, and have a legend reading "stop" six (6) inches high with three-quarter (3/4) inch wide silver white letters, mounted outside the bus on the left side opposite driver's seat and have a driver-controlled mechanism. Flashing lamps in the stop arm may be connected to the alternating red flashing signal lamp circuits. The stop arm signal may be vacuum, electric, air or manually controlled.

History:

[49-915, added 1988, ch. 265, sec. 241, p. 695.]
Idaho Code § 49-2402 — Idaho Code / Title 49 / Chapter 24 / Section 49-2402
49-2402 THREATS TO WITHDRAW AGENCY PROHIBITED.
Status: in_force

49-2402. Threats to withdraw agency prohibited. Any threat, expressed or implied, made directly or indirectly to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly in the manufacture or wholesale distribution only of motor vehicles, that the person will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, whether patented or unpatented, to a person who is engaged in the business of selling motor vehicles at retail, unless that person finances the purchase or sale of any one or a number of motor vehicles only with or through a designated person or class of persons, or sells and assigns the conditional sales contracts, chattel mortgages or leases arising from his retail sales of motor vehicles, or any one or a number of motor vehicles only to a designated person or class of persons, shall be prima facie evidence of the fact that a person engaged in the manufacture or wholesale distribution only of motor vehicles has sold or intends to sell the same on the condition or with the agreement or understanding prohibited in section 49-2401, Idaho Code.

History:

[49-2402, added 1988, ch. 265, sec. 468, p. 821.]
Idaho Code § 49-332 — Idaho Code / Title 49 / Chapter 3 / Section 49-332
49-332 MAKING FALSE AFFIDAVIT PERJURY.
Status: in_force

49-332. Making false affidavit perjury. Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the provisions of this chapter to be sworn to or affirmed, is guilty of perjury and upon conviction shall be punished as provided by law.

History:

[49-332, added 1988, ch. 265, sec. 66, p. 605.]
Idaho Code § 49-2905 — Idaho Code / Title 49 / Chapter 29 / Section 49-2905
49-2905 STATE RAIL AND INTERMODAL FACILITY SYSTEM PLAN.
Status: in_force

49-2905. State rail and intermodal facility system plan. (1) The Idaho transportation department shall prepare and periodically update a state rail and intermodal facility system plan, a primary objective of which is to identify, evaluate and encourage the development and preservation of essential rail and truck intermodal services. The plan shall:

(a) Identify and describe the state's rail system;

(b) Prepare state rail system maps;

(c) Identify and evaluate mainline capacity issues in cooperation with the railroads;

(d) Identify and evaluate rail access and congestion issues;

(e) Identify and evaluate rail commodity flows and traffic types;

(f) Identify lines and corridors that have been rail banked or preserved;

(g) Identify and evaluate other rail and intermodal issues affecting the state's freight transportation system and regional and local economies;

(h) Identify and evaluate those rail freight lines that are potentially subject to abandonment in the future because of unmet capital needs or other reasons, or have recently been approved for abandonment but the track improvements are still in place;

(i) Whenever possible provide priorities for determining which rail lines or intermodal commerce authorities should receive state support, and provide to the interagency working group supporting information used in establishing such priorities for use by the interagency working group. The priorities should include:

(i) The anticipated benefits to the state and local economy;

(ii) Coordinated freight transportation system including the anticipated cost of road and highway improvements necessitated by the proposed project;

(iii) Establishment of an intermodal facility, if indicated;

(iv) The likelihood the qualified line receiving funding can meet operating costs from freight charges, surcharges on rail traffic and other funds; and

(v) The impact of abandonment or capacity constraints if the project does not obtain state support; and

(j) Identify and describe the state's intermodal rural rail and truck freight system by:

(i) Preparing state intermodal and regional freight transfer station system maps;

(ii) Identifying and evaluating intermodal and truck and rail freight transfer capacity and coordination issues in cooperation with local government and the railroad and truck interests;

(iii) Identifying and evaluating intermodal and freight transfer access and highway capacity issues; and

(iv) Identifying and evaluating major freight commodity origins, destinations and traffic flows by mode and corridor.

(2) The Idaho transportation department shall provide information to the interagency working group related to the status of the state's mainline, short line and branch line common carrier railroads through the state rail planning process and various analyses. In addition, the Idaho transportation department shall submit to the interagency working group, its evaluation of alternatives to abandonment prior to federal surface transportation board proceedings, where feasible.

(3) The state rail and intermodal facility system plan may be prepared in conjunction with any rail plan currently prepared by the Idaho transportation department pursuant to other federal rail assistance programs, or which may be enacted, including if applicable, the federal local rail freight assistance program.

(4) The Idaho transportation department shall determine the amount of moneys necessary to prepare and periodically update the state rail plan required by subsection (1) of this section, and communicate that amount to the department of agriculture who shall annually provide to the transportation department moneys in an amount not to exceed one percent (1%) of the total assets in the fund established by section 49-2904, Idaho Code, to prepare and periodically update the state rail plan. The Idaho transportation department is hereby authorized to accumulate these funds not to exceed an aggregate amount of seventy-five thousand dollars ($75,000) for preparing and periodically updating the state rail plan.

History:

[(49-2905) 49-2904, added 2001, ch. 348, sec. 2, p. 1226; am. and redesig. 2006, ch. 413, sec. 6, p. 1255; am. 2007, ch. 339, sec. 5, p. 993; am. 2007, ch. 360, sec. 19, p. 1078; am. 2008, ch. 27, sec. 13, p. 53; am. 2012, ch. 318, sec. 1, p. 872; am. 2013, ch. 78, sec. 1, p. 192.]
Idaho Code § 49-406A — Idaho Code / Title 49 / Chapter 4 / Section 49-406A
49-406A IDAHO CLASSIC — SPECIAL LICENSE PLATE PROGRAM — REGISTRATION AND STANDARD LICENSE PLATES.
Status: in_force

49-406A. Idaho classic — Special license plate program — Registration and standard license plates. (1) Any motor vehicle or motorcycle which is at least thirty (30) years old that does not qualify as an "Idaho Old Timer" and that is maintained to its original likeness using original-type parts and materials, without major modifications shall be known as an "Idaho Classic." Any motor vehicle which is altered from its original design is not an "Idaho Classic" as herein defined.

(2) Any motor vehicle or motorcycle which qualifies as an "Idaho Classic" shall be used for exhibits, parades, tours, club activities and such occasional use as is necessary for operation and maintenance of the vehicle, and shall not be used for business or commercial purposes or as customary and usual transportation.

(3) Applicants for a special "Idaho Classic" license plate shall pay an initial program fee of twenty-five dollars ($25.00) and the license plate fee required in section 49-450, Idaho Code, for each Idaho classic plate which shall be displayed on the rear of the vehicle. The initial program fee shall be deposited in the state highway account, and the plate manufacturing fee shall be deposited in the plate manufacturing account.

(4) The reissue of license plates as specified in section 49-443(2), Idaho Code, shall not be required unless there is a general consensus among the majority of plate holders that a new plate design is needed. Representatives of the plate holders shall make the request known to the department. The cost of manufacturing a new design will be set by the department based upon the cost of manufacturing supplies and administering the reissue. The equivalent cost of each plate will be charged to each plate holder who purchases the new plate. If a new plate design is authorized, the design and color shall be approved by representatives of the interest group. The design, color and numbering scheme shall also be subject to the approval of the department. The existing plate design will be canceled and all plate holders, present and future shall purchase and display the new plate.

(5) An applicant for the special "Idaho Classic" plate shall execute an affidavit on a form provided by the department that the vehicle or motorcycle qualifies as an "Idaho Classic" and shall only be used for the purposes allowed.

The department shall have the authority to refuse to issue the plate and may demand the return of such plate if the applicant has failed to comply with the provisions of this section.

(6) If an "Idaho Classic" is to be used as customary and usual transportation, or for business or commercial purposes, the owner shall register the vehicle under the provisions of section 49-402, or section 49-434, Idaho Code, as applicable, and shall obtain and display the standard issue of license plates after payment of the plate fee required in section 49-450, Idaho Code. It shall be permissible to display both the standard issue of plates and the "Idaho Classic" plate.

(7) Whenever title or interest in an Idaho classic motor vehicle or motorcycle is transferred or assigned, the transferor may retain the special plate for use on another vehicle which qualifies by providing the information required in subsection (5) of this section and by paying the required transfer fee. If the vehicle is also registered under the provisions of section 49-402 or section 49-434, Idaho Code, the provisions of section 49-431, Idaho Code, relating to the procedure for assignment and transfer of interest, shall apply.

History:

[49-406A, added 1993, ch. 99, sec. 5, p. 251; am. 1994, ch. 313, sec. 2, p. 997; am. 1995, ch. 109, sec. 2, p. 344; am. 1997, ch. 129, sec. 4, p. 387; am. 2026, ch. 84, sec. 12, p. 448.]
Idaho Code § 49-420S — Idaho Code / Title 49 / Chapter 4 / Section 49-420S
49-420S DON'T TREAD ON ME LICENSE PLATES.
Status: in_force

49-420S. don't tread on me license plates. (1) Effective 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 don't tread on me 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 don't tread on me license plates shall be subject to the policies and procedures of the department.

(2) In addition to the regular registration fee required in this chapter, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program, including the initial plate design for the plate provided for in this section. Except for the reimbursement of initial plate design costs as provided for in subsection (4) of this section, twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be transferred by the state treasurer to the firearms safety grant fund established in section 33-1628, 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 display the plates on another vehicle only upon receipt of the new registration from the department.

(4) Notwithstanding the provisions of section 49-402C, Idaho Code, the don't tread on me license plate shall be bright yellow and shall consist of a likeness of the Gadsden flag with the image of a rattlesnake in the center and the words "don't tread on me" centered on the bottom. The design shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the state board of education and shall be reimbursed from the initial moneys distributed to the firearms safety grant fund established in section 33-1628, Idaho Code.

(5) Sample don't tread on me license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to the firearms safety grant fund established in section 33-1628, Idaho Code, to be used for the purpose stated in that section.

History:

[49-420S, added 2024, ch. 187, sec. 3, p. 678; am. 2025, ch. 132, sec. 1, p. 683.]
Idaho Code § 49-326 — Idaho Code / Title 49 / Chapter 3 / Section 49-326
49-326 AUTHORITY OF DEPARTMENT TO SUSPEND, DISQUALIFY OR REVOKE DRIVER'S LICENSE AND PRIVILEGES.
Status: in_force

49-326. Authority of department to suspend, disqualify or revoke driver's license and privileges. (1) If the court has not ordered the suspension of a license or privileges, the department is authorized to suspend, disqualify or revoke the license or privileges of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the driver:

(a) Has committed an offense for which mandatory revocation, suspension or disqualification of license or privileges is required upon conviction, court order or administrative action;

(b) Has been convicted in any court in this state of an offense against a municipal ordinance which would have been grounds for suspension, revocation or disqualification of his driver's license or privileges had the charge been prosecuted under a state law;

(c) Is incompetent to drive a motor vehicle;

1. Any person who in the opinion of the department, based upon recommendation of the person's personal physician, is afflicted with or subject to any condition which brings about momentary or prolonged lapses of consciousness or control, which is or may become chronic, or when the person is suffering from a physical or mental disability or disease serving to prevent him from exercising reasonable and ordinary control over a motor vehicle while operating it upon the streets and highways, or any person who is unable to understand highway signs, warning, regulating or directing traffic, is incompetent to drive a motor vehicle.

2. Any person who shall not have minimum visual acuity with or without corrective lenses of 20/40 in at least one (1) eye as determined by the Snellen system or other available systems is incompetent to operate a motor vehicle, however, the department shall have the authority to license such person upon the recommendation of an ophthalmologist or qualified physician and upon passage of a skills test. At 20/70 or more in both eyes with or without corrective lenses the department may suspend the driver's license and privileges. Any person who applies for or receives any type of tax, welfare or other benefits or exemptions for the blind shall be presumed incompetent to operate a motor vehicle. This presumption can be overcome by any person whose vision can be corrected to a visual acuity of 20/40 or better in one (1) eye as documented by a licensed ophthalmologist or optometrist.

3. Any person, department, or political subdivision of the state of Idaho who receives an application for any type of tax, welfare, aid or other benefits or exemptions for the blind shall immediately forward the name, address, sex, date of birth, and date of application of the applicant to the department.

4. Any physician who has reason to believe that a patient is incompetent to drive a motor vehicle as defined in this subsection, may submit a report to the department. Before submitting a report, a physician should notify the patient or the patient's family of the physician's concerns about the patient's ability to drive. If the physician submits a report, the physician shall provide a copy of the report to the patient or to a member of the patient's family. If a physician submits a report in good faith, no professional disciplinary procedure, no monetary liability and no cause of action may arise against the physician for submission of the report;

(d) Has permitted an unlawful or fraudulent use of a driver's license;

(e) Has committed an offense in another state or jurisdiction as evidenced by a conviction, court order or administrative action, which if committed in Idaho would be grounds for suspension, disqualification or revocation;

(f) Has been convicted of the offense of reckless driving, or fleeing or attempting to elude a peace officer, and providing that the operating privilege shall be suspended for a period of thirty (30) days upon conviction and providing further, that if a second conviction occurs within a two (2) year period of time from the time of the first conviction, the suspension shall be for ninety (90) days, and if a third conviction shall occur within a three (3) year period of time from the time of the first conviction, the period of suspension shall be for one (1) year;

(g) Has failed to satisfy a judgment as set forth in chapter 12, title 49, Idaho Code;

(h) Has failed to maintain proof of financial responsibility as set forth in chapter 12, title 49, Idaho Code;

(i) Has a driving record which shows a violation point count of twelve (12) or more points in any consecutive twelve (12) month period;

(j) Is an habitual violator of traffic laws;

(k) Has been convicted of the offense of violation of a restricted license and providing the driver's license and privileges be suspended for a period of thirty (30) days;

(l) Has been convicted for the offense of leaving the scene of an accident involving damages to a vehicle, the period of revocation shall be one (1) year;

(m) Has been convicted for the offense of leaving the scene of an accident resulting in injury or death, the period of revocation shall be one (1) year;

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

(o) Was cited under the age of seventeen (17) years and subsequently received a conviction involving a moving traffic violation arising out of the operation of a motor vehicle, and providing the driver shall be sent a written warning from the Idaho transportation department for a first conviction; the driver's license shall be suspended for a period of thirty (30) days for a second conviction; and the driver's license shall be suspended for a period of sixty (60) days for a third or subsequent conviction; and providing further that no restricted driving privileges shall be issued during any period of suspension hereunder.

(2) A violation point is assessed for conviction of any charge or with proof of any infraction involving a moving traffic violation. A value of one (1) point shall be given for a less serious violation and up to four (4) points for a more serious violation. Conviction or proof of infraction for only one (1) violation arising from one (1) occasion of arrest or citation shall be counted in determining the violation point count.

(3) The department is authorized and directed to establish a violation point count system for various moving traffic violations and infractions occurring either within or without the state of Idaho, affecting all holders of driver's licenses issued by the department.

(4) Notification of suspension, revocation, cancellation or disqualification. Upon suspending, revoking, canceling or disqualifying the driver's license or driving privileges of any person, the department shall immediately notify the applicant or licensee in writing, at the licensee's address on file with the department pursuant to section 49-320, Idaho Code. Upon his request, the department shall afford him an opportunity for a hearing before a hearing officer appointed by the director. The hearing may be held by telephone within twenty (20) days after receipt of the request, unless this period is for good cause shown, extended by the hearing officer for one ten (10) day period. The notice and hearing shall be required prior to the imposition of additional suspension or disqualification periods beyond the periods as set forth in this section. Upon a hearing, the hearing officer may administer oaths, may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon the hearing, the department shall either rescind its order or, with good cause, may affirm or extend the suspension or disqualification of the driver's license or revoke the driver's license.

Whenever a driver's license, permit or driving privilege has been suspended or revoked by the department as provided in this section, other than as set forth in subsection (1)(c), (d), (g), (h), (m), (n) or (o) of this section, the department may issue a temporary restricted permit restricting the time, area and purpose of use. The application, eligibility requirements and form of the temporary restricted permit shall be provided by administrative rule. A temporary restricted permit may be issued to grant noncommercial driving privileges, but no temporary restricted permit shall be issued which grants driving privileges to operate a commercial motor vehicle.

(5) The department shall not suspend or revoke a driver's license or privileges for a period of more than one (1) year, unless otherwise provided by law. The provisions of this subsection shall not be applicable with respect to the issuance of temporary restricted permits as provided in section 49-325, Idaho Code, nor shall it be applicable to those suspensions placed on an individual's record for the purpose of administering suspensions ordered to take effect after an individual's release from confinement or imprisonment pursuant to chapter 80, title 18, Idaho Code.

(6) The department shall not disqualify a driver for a period longer than specified by 49 CFR part 383.

History:

[49-326, added 1988, ch. 265, sec. 60, p. 601; am. 1989, ch. 88, sec. 38, p. 183; am. 1990, ch. 45, sec. 26, p. 99; am. 1992, ch. 115, sec. 18, p. 367; am. 1994, ch. 357, sec. 2, p. 1122; am. 1996, ch. 348, sec. 3, p. 1162; am. 1996, ch. 371, sec. 13, p. 1263; am. 1997, ch. 238, sec. 4, p. 696; am. 1998, ch. 110, sec. 26, p. 408; am. 1998, ch. 152, sec. 2, p. 523; am. 1999, ch. 81, sec. 13, p. 255; am. 2000, ch. 214, sec. 12, p. 600; am. 2004, ch. 126, sec. 6, p. 433; am. 2005, ch. 352, sec. 8, p. 1106; am. 2011, ch. 124, sec. 1, p. 348; am. 2013, ch. 129, sec. 1, p. 296.]
Idaho Code § 49-505 — Idaho Code / Title 49 / Chapter 5 / Section 49-505
49-505 ISSUANCE OF CERTIFICATES OF TITLE BY DEPARTMENT — DELIVERY — ELECTRONIC FILE FOR LIENHOLDERS.
Status: in_force

49-505. Issuance of certificates of title by department — Delivery — Electronic file for lienholders. Certificates of title shall be printed by the department. The original copy shall be delivered to the applicant if there are no liens or encumbrances on the certificate. If there are liens or encumbrances recorded, the certificate shall be delivered or mailed to the holder of the lien or encumbrance who is first in time on the date of the application.

In place of physically issuing a paper certificate of title, the department may create a paperless electronic record of title and suspend the requirement to issue a certificate of title. If a lien is being recorded, the department and the lienholder will enter into a written agreement authorizing the creation of the electronic record of the certificate of title. Any reference to a "certificate of title" in this chapter shall also apply to an "electronic record of title." The department may require that lienholders, licensed dealers, and rental car vendors be issued an electronic record of title in lieu of the issuance of paper certificates if the department determines such method to be more cost effective than a paper system.

History:

[49-505, added 1988, ch. 265, sec. 120, p. 645; am. 1991, ch. 153, sec. 2, p. 364; am. 1993, ch. 298, sec. 1, p. 1097; am. 2021, ch. 180, sec. 4, p. 499.]
Idaho Code § 49-1633 — Idaho Code / Title 49 / Chapter 16 / Section 49-1633
49-1633 LIMITATIONS.
Status: in_force

49-1633. Limitations. (1) Actions arising out of any provision of this chapter shall be commenced within a four (4) year period of the accrual of the cause of action. If a person liable under this chapter conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of his cause of action by the person entitled shall be excluded in determining the time limited for the commencement of the action.

(2) If a cause of action accrues during the pendency of any civil, criminal or administrative proceeding against a person brought by the United States, or any of its agencies under the antitrust laws, the federal trade commission act, or any other federal act, or the laws or to franchising, such actions may be commenced within one (1) year after the final disposition of the civil, criminal or administrative proceeding.

History:

[49-1633, added 1988, ch. 265, sec. 406, p. 789.]
Idaho Code § 49-1417 — Idaho Code / Title 49 / Chapter 14 / Section 49-1417
49-1417 PROVISIONS OF SECTIONS UNIFORM THROUGHOUT STATE.
Status: in_force

49-1417. Provisions of sections uniform throughout state. The provisions of sections 49-1401 and 49-1402, Idaho Code, shall be applicable and uniform throughout the state and in all political subdivisions and no local authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of those sections.

History:

[49-1417, added 1988, ch. 265, sec. 353, p. 750.]
Idaho Code § 49-450 — Idaho Code / Title 49 / Chapter 4 / Section 49-450
49-450 ADDITIONAL FEE FOR EACH PLATE ISSUED.
Status: in_force

49-450. Additional fee for each plate issued. In addition to the vehicle registration fee provided by law, whenever any plate is issued for vehicle registration, there shall be charged a fee of three dollars and seventy-five cents ($3.75) per plate, which shall be deposited into the plate manufacturing account created in section 49-450A, Idaho Code. The actual cost of producing and distributing license plates shall be paid from the plate manufacturing account. The difference between deposits into the account and disbursements out of the account not anticipated for future production cost increases shall be transferred by the state controller from the plate manufacturing account to the highway distribution account as established in section 40-701, Idaho Code, for apportionment as designated in that section.

History:

[49-450, added 1988, ch. 265, sec. 110, p. 641; am. 1989, ch. 263, sec. 1, p. 642; am. 1990, ch. 233, sec. 1, p. 666; am. 1996, ch. 397, sec. 1, p. 1329; am. 2005, ch. 160, sec. 1, p. 492; am. 2017, ch. 233, sec. 16, p. 573; am. 2026, ch. 223, sec. 4, p. 999.]
Idaho Code § 49-1421 — Idaho Code / Title 49 / Chapter 14 / Section 49-1421
49-1421 DRIVING ON DIVIDED HIGHWAYS — RESTRICTED ACCESS.
Status: in_force

49-1421. Driving on divided highways — Restricted access. (1) Whenever any highway has been divided into two (2) or more traffic lanes by leaving an intervening space or by a physical barrier or a clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand traffic lane unless directed or permitted to use another traffic lane by traffic control devices or peace officers. No vehicle shall be driven over, across or within any dividing space, barrier or section, except through an opening in the physical barrier, dividing section or space or at a crossover or intersection as established, unless specifically prohibited by public authority.

(2) No person shall drive a vehicle onto or from any controlled access highway except at entrances and exits as are established by proper authority.

History:

[49-1421, added 1988, ch. 265, sec. 357, p. 751.]