Idaho Code § 49-949 — Idaho Code / Title 49 / Chapter 9 / Section 49-949
49-949 REQUIREMENT AS TO FENDER OR COVERS OVER ALL WHEELS ON MOTOR VEHICLES.
Status: in_force

49-949. Requirement as to fender or covers over all wheels on motor vehicles. (1) It shall be unlawful for any person to operate or move or any owner to permit to be operated or moved, any motor vehicle, truck, bus, semitrailer or trailer, upon any highway without having the vehicle equipped with fenders or covers which may include flaps or splash aprons, over and to the rear of wheels, as follows:

(a) On the rear wheels of every truck equipped with a body, bus, trailer or semitrailer the fenders or covers shall extend in full width from a point above and forward of the center of the tires over and to the rear of the wheels to a point that is not more than ten (10) inches above the surface of the highway when the vehicle is empty;

(b) Behind the rear wheels of every truck not equipped with a body the fenders or covers shall extend downward in full width from a point not lower than halfway between the center of the wheels and the top of the tires on the wheels to a point that is not more than ten (10) inches above the surface of the highway when the vehicle is empty;

(c) Behind all wheels of every motor vehicle other than trucks, buses, semitrailers, or trailers, the fenders or covers shall extend in full width from a point above and forward of the center of the tire over and to the rear of the wheel to a point that is not more than twenty (20) inches above the surface of the highway, unless the bumper is a factory built bumper fastened directly to the frame of the vehicle pursuant to factory installation requirements;

(d) Fenders or covers are not required on any modified American-made pre-1935 vehicle, or any identifiable vintage or replica thereof that is titled as a later assembled vehicle or replica and is used for show and pleasure use when such vehicle is used and driven only during fair weather on well-maintained hard-surfaced roads.

(2) Fenders or covers, as used in subsection (1) of this section, shall be deemed to be of sufficient size and construction as to comply with those requirements if constructed as follows:

(a) When measured on the cross sections of the tread of the wheel or on the combined cross sections of the treads of multiple wheels, the fender or cover extends at least to each side of the width of the tire or of the combined width of the multiple tires, as the case may be;

(b) The fender or cover is constructed as to be capable at all times of arresting and deflecting dirt, mud, water, or other substance as may be picked up and carried by wheels;

(c) For school buses if the body extension behind the rear wheels exceeds five (5) feet.

History:

[49-949, added 1988, ch. 265, sec. 265, p. 710; am. 1990, ch. 175, sec. 1, p. 372; am. 1997, ch. 376, sec. 1, p. 1206.]
Idaho Code § 49-1430 — Idaho Code / Title 49 / Chapter 14 / Section 49-1430
49-1430 FORGED CERTIFICATE.
Status: in_force

49-1430. Forged certificate. Any person who shall forge or, without authority, sign any declaration that a policy or bond is in effect, or any evidence of proof of financial responsibility, or who files or offers for filing any evidence of proof knowing or having reason to believe it is forged or signed without authority, shall be deemed guilty of a misdemeanor and be fined not more than one thousand dollars ($1,000) or imprisoned not more than one (1) year, or both.

History:

[49-1430, added 1988, ch. 265, sec. 366, p. 755; am. 2001, ch. 74, sec. 8, p. 178.]
Idaho Code § 49-115 — Idaho Code / Title 49 / Chapter 1 / Section 49-115
49-115 DEFINITIONS — N.
Status: in_force

49-115. Definitions — N. (1) "National network" means highways available to vehicles authorized by the provisions of the federal surface transportation assistance act of 1982, as amended, and listed in 23 CFR part 658, appendix A.

(2) "Neighborhood electric vehicle." (See "Vehicle," section 49-123, Idaho Code)

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

(4) "Nonresident" means every person who is not a resident of this state.

(5) "Nonresident's operating privilege" means the privilege conferred on a nonresident by the laws of this state pertaining to the operation by that person of a motor vehicle, or the use of a vehicle owned by that person, in this state.

History:

[49-115, added 1988, ch. 265, sec. 2, p. 561; am. 1989, ch. 88, sec. 8, p. 162; am. 1990, ch. 45, sec. 7, p. 80; am. 2005, ch. 183, sec. 2, p. 562; am. 2007, ch. 20, sec. 1, p. 31; am. 2015, ch. 54, sec. 3, p. 130; am. 2026, ch. 167, sec. 1, p. 784.]
Idaho Code § 49-718 — Idaho Code / Title 49 / Chapter 7 / Section 49-718
49-718 RIDING TWO ABREAST.
Status: in_force

49-718. Riding two abreast. Persons riding bicycles upon a highway shall not ride more than two (2) abreast except on paths or parts of highways set aside for the exclusive use of bicycles. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.

History:

[49-718, added 1988, ch. 265, sec. 207, p. 679.]
Idaho Code § 49-634 — Idaho Code / Title 49 / Chapter 6 / Section 49-634
49-634 LIMITATIONS ON OVERTAKING ON THE LEFT.
Status: in_force

49-634. Limitations on overtaking on the left. No vehicle shall be driven to the left side of the center of the highway in overtaking and passing another vehicle proceeding in the same direction, unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred (200) feet of any approaching vehicle.

History:

[49-634, added 1988, ch. 265, sec. 163, p. 662.]
Idaho Code § 49-641 — Idaho Code / Title 49 / Chapter 6 / Section 49-641
49-641 VEHICLE TURNING LEFT.
Status: in_force

49-641. Vehicle turning left. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection, or so close as to constitute an immediate hazard.

History:

[49-641, added 1988, ch. 265, sec. 170, p. 665.]
Idaho Code § 49-530 — Idaho Code / Title 49 / Chapter 5 / Section 49-530
49-530 DISCRETIONARY REJECTION OR INVALIDATION OF DOCUMENT BY DEPARTMENT.
Status: in_force

49-530. Discretionary rejection or invalidation of document by department. The transportation department may reject, return or subsequently invalidate a transitional ownership document if it is determined that:

(1) Title is to be issued to someone other than the person shown on the transitional ownership document;

(2) Interests reflected on the primary ownership document or in information submitted in conjunction with that document conflict with the interests as reflected on the transitional ownership document;

(3) The person submitting the transitional ownership document has failed to submit the nonrefundable fee required by section 49-202(e), Idaho Code; or

(4) A copy of the application for certificate of title is not attached as required by the department.

History:

[49-530, added 2000, ch. 320, sec. 1, p. 1080.]
Idaho Code § 49-1710 — Idaho Code / Title 49 / Chapter 17 / Section 49-1710
49-1710 UNLAWFUL REMOVAL OR OBTAINING OF VEHICLE SUBJECT TO LIEN.
Status: in_force

49-1710. Unlawful removal or obtaining of vehicle subject to lien. No person shall obtain possession of any vehicle or any part of that vehicle, subject to a lien under the provisions of this chapter, through surreptitious removal or by trick, fraud, or device perpetrated upon the lien holder.

History:

[49-1710, added 1988, ch. 265, sec. 417, p. 793.]
Idaho Code § 49-1232 — Idaho Code / Title 49 / Chapter 12 / Section 49-1232
49-1232 CERTIFICATE OR PROOF OF LIABILITY INSURANCE TO BE CARRIED IN MOTOR VEHICLE.
Status: in_force

49-1232. Certificate or proof of liability insurance to be carried in motor vehicle. (1) A certificate or proof of liability insurance shall be in the possession of the operator of every motor vehicle or present in every motor vehicle at all times when the vehicle is operated within this state. The certificate or proof of liability insurance shall be provided for inspection to any peace officer upon request to the operator of any motor vehicle. No person shall be convicted of violating this section if that person produces at any time prior to conviction the certificate or proof of liability insurance covering the motor vehicle that person is accused of operating in violation of this section, where the certificate or proof of liability insurance demonstrates the existence of liability insurance described in section 49-1212, Idaho Code, which was in effect at the time of occurrence of the violation. The certificate or proof of liability insurance required by this section may be produced in either paper or electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device.

(2) If the court has not ordered the department to suspend the driving privileges of any person convicted of a violation of the provisions of this section, the department may rescind the suspension action, only if the driver can prove by sufficient evidence that the legally required motor vehicle insurance or other required evidence of financial responsibility was in force and effect at the time of the issuance of the citation. No reinstatement fee will be assessed for rescinding the suspension action under this section.

(3) It is an infraction punishable by a fine of seventy-five dollars ($75.00) for any person to violate the provisions of this section for the first time. A second and any subsequent conviction for a violation of the provisions of this section or the provisions of section 49-1229 or 49-1428, Idaho Code, within five (5) years shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both. The department shall notify any person convicted of a violation of this section of the penalties which may be imposed for a second and any subsequent conviction.

History:

[49-1232, added 1988, ch. 265, sec. 320, p. 739; am. 1990, ch. 432, sec. 5, p. 1200; am. 1998, ch. 275, sec. 1, p. 906; am. 1998, ch. 423, sec. 4, p. 1338; am. 1999, ch. 81, sec. 19, p. 262; am. 2012, ch. 147, sec. 1, p. 417.]
Idaho Code § 49-965 — Idaho Code / Title 49 / Chapter 9 / Section 49-965
49-965 MODIFICATION OF VEHICLE TO REDUCE ROAD CLEARANCE BEYOND CERTAIN LIMITS UNLAWFUL.
Status: in_force

49-965. Modification of vehicle to reduce road clearance beyond certain limits unlawful. It shall be unlawful to operate any passenger motor vehicle which has been modified from the original design so that any portion of the vehicle other than the wheels has less clearance from the surface of a level highway than the clearance between the highway and the lowermost portion of any rim of any wheel in contact with the highway.

History:

[49-965, added 1988, ch. 265, sec. 271, p. 714.]
Idaho Code § 49-3705 — Idaho Code / Title 49 / Chapter 37 / Section 49-3705
49-3705 AGENT.
Status: in_force

49-3705. AGENT. The TNC must maintain an agent for service of process in the state of Idaho.

History:

[49-3705, added 2015, ch. 267, sec. 1, p. 1076.]
Idaho Code § 49-2416 — Idaho Code / Title 49 / Chapter 24 / Section 49-2416
49-2416 OWNER LIABLE FOR NEGLIGENCE OF MINOR UNDER SIXTEEN.
Status: in_force

49-2416. Owner liable for negligence of minor under sixteen. Every owner of a motor vehicle causing or knowingly permitting a minor under the age of sixteen (16) years to drive the vehicle upon a highway, and any person who gives or furnishes a motor vehicle to a minor under the age of sixteen (16) years, shall be jointly and severally liable with the minor for any damage caused by the negligence of the minor in driving the vehicle.

History:

[49-2416, added 1988, ch. 265, sec. 480, p. 825; am. 1999, ch. 144, sec. 1, p. 415.]
Idaho Code § 49-810 — Idaho Code / Title 49 / Chapter 8 / Section 49-810
49-810 METHOD OF GIVING HAND AND ARM SIGNALS.
Status: in_force

49-810. Method of giving hand and arm signals. All signals required to be given by hand and arm shall be given from the left side of the vehicle in the following manner, and the signals shall indicate the following:

(1) Left turn. – Hand and arm extended horizontally.

(2) Right turn. – Hand and arm extended upward. A person operating a bicycle may give a right turn signal by extending the right hand and arm horizontally and to the right side of the bicycle.

(3) Stop or decrease speed. Hand and arm extended downward.

History:

[49-810, added 1988, ch. 265, sec. 224, p. 686.]
Idaho Code § 49-525 — Idaho Code / Title 49 / Chapter 5 / Section 49-525
49-525 SALVAGE-CERTIFIED VEHICLE — BRANDED CERTIFICATE OF TITLE.
Status: in_force

49-525. Salvage-certified vehicle — Branded certificate of title. (1) The department shall issue a branded certificate of title on any vehicle for which a salvage certificate of title, salvage bill of sale or other documentation showing evidence that the vehicle has been declared salvage has been issued by this or any other state, provided, if documentation of salvage certification has been received from another state, the requirements specified in section 49-524, Idaho Code, shall be applied to that vehicle.

(2) If an otherwise correct application is made for a certificate of title on any salvage vehicle, the department shall issue a branded certificate of title as a "rebuilt salvage vehicle" if the application for a certificate of title is supported by a salvage vehicle statement completed by the owner which states:

(a) That the owner personally rebuilt or repaired the vehicle or personally supervised its rebuilding or repairing and includes a description of work done to restore the vehicle to the operating condition that existed prior to the event which caused the salvage certificate of title to be issued;

(b) That the identification numbers of the restored vehicle and its parts have not, to the knowledge of the owner, been removed, destroyed, falsified, altered or defaced;

(c) That the salvage certificate of title document or out-of-state title certificate attached to the application has not to the knowledge of the owner been forged, falsified or altered; and

(d) That all information contained on the application and its attachments is true and correct.

(3) Each branded certificate of title or other ownership document received from another jurisdiction or authorized ownership document-issuing entity shall have its brand carried forward to all subsequent certificates of title issued in this state.

(4) Every brand retrieved from the national motor vehicle title information system shall be carried forward to all subsequent titles issued by this state.

(5) The department may promulgate rules as necessary to implement the provisions of sections 49-524 and 49-525, Idaho Code.

History:

[49-525, added 1989, ch. 285, sec. 8, p. 708; am. 1994, ch. 296, sec. 4, p. 939; am. 2006, ch. 102, sec. 2, p. 281; am. 2008, ch. 84, sec. 3, p. 220; am. 2014, ch. 38, sec. 16, p. 85.]
Idaho Code § 49-445 — Idaho Code / Title 49 / Chapter 4 / Section 49-445
49-445 RECREATIONAL VEHICLE ANNUAL LICENSE.
Status: in_force

49-445. Recreational vehicle annual license. (1) There is levied and there shall be collected an annual license fee on each recreational vehicle in Idaho, except recreational vehicles in possession of a manufacturer or dealer and offered for sale or resale. If the recreational vehicle is registered as a motor vehicle under the provisions of this chapter, the annual license fee imposed in this section shall be in addition to and not in lieu of the motor vehicle registration fees. Initial license fees for recreational vehicles shall be prorated on a monthly basis for a new owner. Subsequent renewals of the annual license shall require annual fees regardless of the registration date.

(2) The annual license fee imposed upon each recreational vehicle shall be eight dollars and fifty cents ($8.50) for a market value of one thousand dollars ($1,000) or less, and an additional five dollars ($5.00) for each additional one thousand dollars ($1,000) or portion of it, of market value.

(3) Payment of the annual license fee shall license the recreational vehicle for a calendar year, irrespective of the month in which it is registered, change of ownership of the vehicle, or change of county of residence of the owner. The recreational vehicle annual license shall expire midnight December 31 of each year.

(4) The license sticker shall be placed on the rear of the recreational vehicle in a manner that is completely visible and shall be kept in a legible condition at all times.

(5) A recreational vehicle that conformed with the definition of a park model recreational vehicle in section 49-117, Idaho Code, when new, may be:

(a) Titled under the provisions of chapter 5, title 49, Idaho Code; and

(b) Licensed and registered under the provisions of this chapter unless it:

(i) Is permanently attached to a foundation;

(ii) Has an attached building addition; or

(iii) Has been substantially modified in such a way that it no longer meets the definition of a park model recreational vehicle in section 49-117, Idaho Code.

History:

[49-445, added 1988, ch. 265, sec. 105, p. 639; am. 1993, ch. 286, sec. 1, p. 974; am. 2013, ch. 17, sec. 1, p. 27; am. 2017, ch. 134, sec. 7, p. 319.]
Idaho Code § 49-404 — Idaho Code / Title 49 / Chapter 4 / Section 49-404
49-404 NATIONAL GUARD MEMBERS — DISTINCTIVE PLATES.
Status: in_force

49-404. National guard members — Distinctive plates. (1) In order to enhance visibility and identification of national guard members during mobilizations and emergencies, any active member of the Idaho national guard residing in the state of Idaho may, upon application to the department, register not more than two (2) motor vehicles and receive for each vehicle distinctive national guard license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The national guard license plates shall be designed, subject to the approval of the department, by the adjutant general. Proof of being an active member in the Idaho national guard must be furnished to the department before plates will be issued.

The Idaho national guard shall, prior to an individual's discharge from active duty in the national guard, require that the national guard license plates either be turned in to the department or exchanged for other proper license plates as a condition of discharge.

(2) Whenever a member of the Idaho national guard transfers or assigns his title or interest to a vehicle especially registered under the provisions of this section, the registration shall expire but the member may hold his national guard license plates which he may have reissued to him upon the payment of the required transfer fees. He may only display the plates after receipt of new registration from the department.

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

History:

[49-404, added 1988, ch. 265, sec. 73, p. 609; am. 1992, ch. 261, sec. 5, p. 761; am. 1993, ch. 135, sec. 3, p. 334; am. 1998, ch. 113, sec. 1, p. 418; am. 2000, ch. 87, sec. 5, p. 193.]
Idaho Code § 49-218 — Idaho Code / Title 49 / Chapter 2 / Section 49-218
49-218 DESIGNATION OF AUTHORIZED EMERGENCY VEHICLES.
Status: in_force

49-218. Designation of authorized emergency vehicles. The director of the Idaho state police shall designate any particular vehicle as an authorized emergency vehicle upon a finding that designation of that vehicle is necessary to the preservation of life or property, or to the execution of emergency governmental functions.

Any person who operates a motor vehicle in a manner which would lead one to reasonably believe it was an emergency vehicle without prior approval of the director of the Idaho state police, shall be guilty of a misdemeanor and shall be subject to a fine of not less than three hundred dollars ($300) and may be incarcerated for not more than thirty (30) days in jail for each occurrence.

History:

[49-218, added 1988, ch. 265, sec. 16, p. 582; am. 2000, ch. 469, sec. 113, p. 1576.]
Idaho Code § 49-1601A — Idaho Code / Title 49 / Chapter 16 / Section 49-1601A
49-1601A LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

49-1601A. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds that the distribution and sale of motor vehicles within this state vitally affects the general economy of the state, the public interest, and the public welfare.

(2) In order to promote the public interest and the public welfare and in the exercise of the state's police power, it is necessary to regulate motor vehicle manufacturers, distributors, and factory or distributor representatives and to regulate dealers of motor vehicles doing business in this state in order to prevent frauds, impositions, and other abuses on its citizens and to protect and preserve the investments and properties of the citizens of this state.

(3) The provisions of this chapter shall be construed and applied to accomplish the purposes provided for in this section.

History:

[49-1601A, added 2024, ch. 213, sec. 1, p. 750.]
Idaho Code § 49-1229 — Idaho Code / Title 49 / Chapter 12 / Section 49-1229
49-1229 REQUIRED MOTOR VEHICLE INSURANCE.
Status: in_force

49-1229. Required motor vehicle insurance. (1) Every owner of a motor vehicle which is registered and operated in Idaho by the owner or with his permission shall continuously, except as provided in section 41-2516, Idaho Code, provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by maintenance or use of motor vehicles described therein in an amount not less than that required by section 49-117, Idaho Code, and shall demonstrate the existence of any other coverage required by this title or a certificate of self-insurance issued by the department pursuant to section 49-1224, Idaho Code, for each motor vehicle to be registered.

(2) A motor vehicle owner who prefers to post an indemnity bond with the director of the department of insurance in lieu of obtaining a policy of liability insurance may do so. Such bond shall guarantee that any loss resulting from liability imposed by law for bodily injury, death or damage to property suffered by any person caused by accident and arising out of the operation, maintenance and use of the motor vehicle sought to be registered shall be paid within thirty (30) days. The indemnity bonds shall guarantee payment in an amount no less than fifty thousand dollars ($50,000) for any one (1) accident of which fifteen thousand dollars ($15,000) is for property damage, for each vehicle registered up to a maximum of one hundred twenty thousand dollars ($120,000) for five (5) or more vehicles.

(3) Any bond given in connection with this chapter shall be, and shall be construed to be, a continuing instrument and shall cover the period for which the motor vehicle is to be registered and operated. Such bond shall be on a form approved by the director of insurance with a surety company authorized to do business in the state.

(4) A motor carrier shall continuously provide insurance against loss resulting from liability imposed by law or by rule of the department and shall comply with the insurance requirements of section 49-1233, Idaho Code.

(5) It is an infraction punishable by a fine of seventy-five dollars ($75.00) for any person to violate the provisions of this section for the first time. A second and any subsequent conviction for a violation of the provisions of this section or the provisions of section 49-1232 or 49-1428, Idaho Code, within a period of five (5) years shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both. The department shall notify any person convicted of a violation of this section of the penalties which may be imposed for a second and any subsequent conviction.

History:

[49-1229, added 1988, ch. 265, sec. 317, p. 737; am. 1990, ch. 432, sec. 4, p. 1199; am. 1998, ch. 423, sec. 3, p. 1337; am. 1999, ch. 81, sec. 18, p. 261; am. 1999, ch. 383, sec. 8, p. 1063.]
Idaho Code § 49-662 — Idaho Code / Title 49 / Chapter 6 / Section 49-662
49-662 OFFICERS AUTHORIZED TO REMOVE VEHICLES.
Status: in_force

49-662. Officers authorized to remove vehicles. (1) Whenever any peace officer finds a vehicle in violation of any of the provisions of section 49-659, Idaho Code, the officer is authorized to move the vehicle, or require the driver or other person in charge of the vehicle to move it to a position off the roadway.

(2) Any peace officer is authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway in a position or under circumstances as to obstruct the normal movement of traffic.

(3) Any peace officer is authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:

(a) A report has been made that the vehicle has been stolen or taken without the consent of its owner; or

(b) The person or persons in charge of the vehicle are unable to provide for its custody or removal; or

(c) The person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.

(4) Whenever any peace officer finds a vehicle inoperable as a result of an accident and standing upon a highway, the officer is authorized to require the driver or other person in charge of the vehicle to have the vehicle removed from the scene of the accident to a position off the paved or main-traveled part of the highway. In the event that the owner of the vehicle is left incapacitated resulting from injuries suffered from the accident, the officer is authorized to have the inoperative vehicle moved from the scene to the nearest garage or other place of safety.

(5) A peace officer is authorized to require the removal from the main-traveled part of the highway cargo or debris caused by a motor vehicle accident, provided that:

(a) The accident occurs with no apparent serious personal injury or death; and

(b) The removal can be accomplished safely and the removal will result in the improved safety or convenience of travel on the highway.

(6) A transportation department employee in the exercise of the management, control and maintenance of a highway of the state highway system may assist in the removal from the main-traveled part of the highway cargo or debris caused by a motor vehicle accident when directed by a peace officer.

(7) Neither the peace officer nor transportation department employee, nor anyone acting under the direction of the officer is liable for damage to the motor vehicle, cargo or debris caused by reasonable efforts of removal.

(8) Nothing herein shall be construed to interfere with the duty of any city, county or state police officer to investigate and detect crime and enforce the penal, traffic or highway laws of this state or any political subdivision.

History:

[49-662, added 1988, ch. 265, sec. 185, p. 672; am. 2005, ch. 310, sec. 1, p. 962.]
Idaho Code § 49-102 — Idaho Code / Title 49 / Chapter 1 / Section 49-102
49-102 DEFINITIONS — A.
Status: in_force

49-102. Definitions — A. (1) "Abandon" means to leave a vehicle on private property without the permission of the person having rights to the possession of the property, or on a highway or other property open to the public for the purposes of vehicular traffic or parking, or on or within the right-of-way of any highway, for twenty-four (24) hours or longer.

(2) "Abandoned vehicle" means any vehicle observed by an authorized officer or reported by a member of the public to have been left within the limits of any highway or on the property of another without the consent of the property owner for a period of twenty-four (24) hours or longer, except that a vehicle shall not be considered abandoned if its owner-operator is unable to remove it from the place where it is located and has notified a law enforcement agency and requested assistance.

(3) "Accident" means any event that results in an unintended injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load, a snowmobile or special mobile equipment.

(4) "Actual physical control" means being in the driver's position of a motor vehicle with the motor running or the vehicle moving.

(5) "Administrator" means the federal highway administrator, the chief executive of the federal highway administration, an agency within the U.S. department of transportation.

(6) "Age of a motor vehicle" means the age determined by subtracting the manufacturer's year designation of the vehicle from the year in which the designated registration fee is paid. If the vehicle has the same manufacturer's year designation as the year in which the fee is paid, or if a vehicle has a manufacturer's year designation later than the year in which the fee is paid, the vehicle shall be deemed to be one (1) year old.

(7) "Agricultural products" means the following unprocessed products:

(a) Agricultural, horticultural, floricultural and viticultural products;

(b) Fruits and vegetable products;

(c) Field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant by-products, plant waste and plant compost;

(d) Livestock, dairy animals, swine, furbearing animals, poultry, eggs, fish and other aquatic species;

(e) Other animals, animal products and animal by-products, animal waste and animal compost; and

(f) Bees, bee products and bee by-products.

(8) "Air-conditioning equipment" means mechanical vapor compression refrigeration equipment that is used to cool the driver's or passenger's compartment of any motor vehicle.

(9) "Alcohol" or "alcoholic beverage" means:

(a) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code;

(b) Wine of not less than one-half of a percent (0.5%) of alcohol by volume; or

(c) Distilled spirits as defined in 26 U.S.C. 5002(a)(8), of the Internal Revenue Code.

(10) "Alley" means a public way of limited use intended only to provide access to the rear or side of lots or buildings in urban districts.

(11) "All-terrain vehicle" or "ATV" means an all-terrain vehicle or ATV as defined in section 67-7101, Idaho Code.

(12) "Amateur radio operator." (See "Radio operator, amateur," section 49-119, Idaho Code)

(13) "Ambulance" means a motor vehicle designed and used primarily for the transportation of injured, sick, or deceased persons on stretchers, cots, beds, or other devices for carrying persons in a prone position.

(14) "Applicant" means an individual who applies to obtain, transfer, upgrade, or renew a driver's license.

(15) "Approved driver training course" means a training course from a school licensed under the provisions of chapter 54, title 54, Idaho Code, or a driver training course approved by another United States jurisdiction, provided the course was taken while an individual was a resident of that United States jurisdiction.

(16) "Approved testing agency" means a person, firm, association, partnership or corporation approved by the director of the Idaho state police that is:

(a) In the business of testing equipment and systems;

(b) Recognized by the director as being qualified and equipped to do experimental testing; and

(c) Not under the jurisdiction or control of any single manufacturer or supplier for an affected industry.

(17) "Armed forces" means the army, navy, marine corps, coast guard, space force, and the air force of the United States.

(18) "Authorized emergency vehicle." (See "Vehicle," section 49-123, Idaho Code)

(19) "Authorized officer" means any member of the Idaho state police, or any regularly employed and salaried deputy sheriff, or other county employee designated to perform the function of removing abandoned vehicles or junk vehicles by the board of county commissioners of the county in which a vehicle is located, or any regularly employed and salaried city peace officer or other city employee designated to perform the function of removing abandoned vehicles or junk vehicles by the city council, or a qualified person deputized or appointed by the proper authority as reserve deputy sheriff or city policeman, authorized within the jurisdiction in which the abandoned vehicle or junk vehicle is located.

(20) "Authorized transportation department employee" means any employee appointed by the board to perform duties relating to enforcement of vehicle laws as have been specifically defined and approved by order of the board pursuant to section 40-510, Idaho Code.

(21) "Auto transporter" means a vehicle combination constructed for the purpose of transporting vehicles.

(22) "Autocycle" means a motor vehicle designed to travel on not more than three (3) wheels in contact with the ground and that has a steering wheel and seating that does not require the operator to straddle or sit astride.

History:

[49-102, added 1988, ch. 265, sec. 2, p. 551; am. 1989, ch. 88, sec. 1, p. 152; am. 1990, ch. 391, sec. 1, p. 1092; am. 1991, ch. 288, sec. 1, p. 739; am. 1992, ch. 238, sec. 1, p. 708; am. 1993, ch. 334, sec. 1, p. 1234; am. 1995, ch. 116, sec. 25, p. 405; am. 2000, ch. 469, sec. 107, p. 1559; am. 2003, ch. 87, sec. 1, p. 266; am. 2008, ch. 18, sec. 1, p. 25; am. 2008, ch. 409, sec. 1, p. 1125; am. 2009, ch. 157, sec. 2, p. 458; am. 2011, ch. 158, sec. 1, p. 443; am. 2015, ch. 208, sec. 1, p. 636; am. 2015, ch. 230, sec. 1, p. 722; am. 2016, ch. 47, sec. 22, p. 116; am. 2024, ch. 266, sec. 1, p. 925.]
Idaho Code § 49-217 — Idaho Code / Title 49 / Chapter 2 / Section 49-217
49-217 REGULATIONS RELATIVE TO SCHOOL BUSES.
Status: in_force

49-217. Regulations relative to school buses. Any officer or employee of any school or school district operating a school bus who violates any regulations promulgated in conformance with the provisions of section 49-201, Idaho Code, may be guilty of misconduct and subject to removal from office or employment. Any person operating a school bus under contract with a school or school district who fails to comply with any regulations may be guilty of breach of contract and such contract may be cancelled after notice of hearing by the responsible officers of the school or school district.

History:

[49-217, added 1988, ch. 265, sec. 15, p. 582.]
Idaho Code § 49-1611 — Idaho Code / Title 49 / Chapter 16 / Section 49-1611
49-1611 DISPLAY, FORM AND CUSTODY OF DEALER'S AND SALESMAN'S LICENSE.
Status: in_force

49-1611. Display, form and custody of dealer's and salesman's license. The department shall prescribe each form of the vehicle dealer's and salesman's license. It shall be the duty of each dealer to display conspicuously his own license in his place of business. The department shall prepare and deliver a pocket identification card, which shall certify that the person whose name appears on the card is a licensed vehicle dealer or vehicle salesman, as the case may be, and each vehicle dealer's or vehicle salesman's card shall contain a current photograph of the applicant and the date of expiration of the license. Each and every vehicle dealer and vehicle salesman shall, upon request, display his card.

History:

[49-1611, added 1988, ch. 265, sec. 384, p. 768; am. 1991, ch. 272, sec. 13, p. 703; am. 1993, ch. 297, sec. 2, p. 1096; am. 1998, ch. 392, sec. 22, p. 1228.]
Idaho Code § 49-307A — Idaho Code / Title 49 / Chapter 3 / Section 49-307A
49-307A RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT.
Status: in_force

49-307A. Restricted school attendance driving permit. Notwithstanding any other provision of this chapter applying to licenses or permits, and notwithstanding the minimum age requirement for a driver training course specified in section 33-1703, Idaho Code, other than those provisions specifically applying to restricted school attendance driving permits:

(1) The department may issue a restricted school attendance driving permit to a minor fourteen (14) years of age, but less than sixteen (16) years of age, provided the following:

(a) The minor resides in an Idaho school district with a population of less than one hundred fifty (150) people;

(b) The minor attends an educational program as identified in section 49-303A, Idaho Code, and complies with the provisions of section 49-303A, Idaho Code, including submission of verification of attendance compliance by the school district to the department; and

(c) There is no school bus service provided to transport the minor to and from school, as verified by the school district to the department.

(2) The permit, if issued, shall only entitle the minor to drive to and from school, and school sponsored activities occurring at the school where enrolled, between the hours of 6:00 a.m. and 9:00 p.m.

(3) The minor must have completed a driver training course and comply with section 49-310, Idaho Code, as a condition of issuance of a permit pursuant to the provisions of this section.

(4) The restricted school attendance driving permit shall be canceled for conviction of any traffic offense and shall not be reissued.

(5) In the event the student terminates their school enrollment in the district in which they have qualified for a restricted school attendance driving permit, the permit shall be canceled.

History:

[49-307A, added 2002, ch. 235, sec. 4, p. 703.]
Idaho Code § 49-324 — Idaho Code / Title 49 / Chapter 3 / Section 49-324
49-324 SUSPENDING RESIDENT'S LICENSE AND PRIVILEGES UPON CONVICTION, ADMINISTRATIVE ACTION OR COURT ORDER IN ANOTHER STATE OR JURISDICTION.
Status: in_force

49-324. Suspending resident's license and privileges upon conviction, administrative action or court order in another state or jurisdiction. The department shall suspend, disqualify or revoke the driver's license or privilege of any resident of this state or the privilege of a nonresident to operate a motor vehicle in this state upon receiving notice of the conviction, administrative action or court order of that person in another state or jurisdiction of an offense which, if committed in this state, would be grounds for the suspension, disqualification or revocation of the driver's license and privileges of the driver. The department shall forward a certified copy or electronic transfer to the national driver register.

History:

[49-324, added 1988, ch. 265, sec. 58, p. 600; am. 1989, ch. 88, sec. 36, p. 182; am. 1990, ch. 45, sec. 25, p. 99; am. 1992, ch. 115, sec. 17, p. 367; am. 1998, ch. 110, sec. 25, p. 407; am. 2004, ch. 126, sec. 5, p. 433.]
Idaho Code § 49-504 — Idaho Code / Title 49 / Chapter 5 / Section 49-504
49-504 APPLICATIONS TO DEPARTMENT FOR CERTIFICATES — PROCEDURE — IDENTIFICATION NUMBERS.
Status: in_force

49-504. Applications to department for certificates — Procedure — Identification numbers. (1) Application for a certificate of title shall be made on a form furnished by the department and shall contain the owner's Idaho driver's license number, Idaho identification card number or social security number or individual taxpayer identification number. In the case of a business, the employer tax identification number is required. Every application shall also contain the owner's true and full legal name, and every applicant must submit proof of identity pursuant to section 49-306, Idaho Code, if he has not already done so. In the event that the owner does not possess a social security number, the owner shall present written documentation sufficient to the department to determine that no social security number has been issued. In the event that a business, trust, or other statutorily created entity is not required to have and does not possess an employer tax identification number, the applicant shall provide a written statement certifying that the entity does not possess an employer tax identification number. The form must contain the owner's physical domicile address or, in the case of a business, trust or other statutorily created entity, such entity's physical address and any mailing address if different from the physical address. If the owner has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the owner may state, in the application required pursuant to this section, the applicant's alternative Idaho mailing address in place of his or her physical domicile address. Such application must be signed by the owner and contain a full description of the vehicle, including the make, identification numbers, and the odometer reading at the time of sale or transfer, and whether the vehicle is new or used, together with a statement of the applicant's title and of any liens or encumbrances on the vehicle, and the name and address of the person to whom the certificate of title shall be delivered, and any other information as the department may require. The application shall be filed with the department and, if a certificate of title has previously been issued for that vehicle in this state, shall be accompanied by the certificate of title duly assigned, unless otherwise provided for in this chapter. The department may promulgate rules to provide for exceptions to the odometer requirement. Social security numbers collected shall not appear on certificates of title, and all applications on file shall be exempt from disclosure, except as provided in sections 49-202, 49-203 and 49-203A, Idaho Code.

(2) If the current certificate of title was not issued for the vehicle in this state, the application, unless otherwise provided for in this chapter, shall be accompanied by a certificate of title, bill of sale, electronic motor vehicle record, or other evidence of ownership required by the law of any other jurisdiction from which the vehicle was brought into this state and a vehicle identification number inspection completed by any city, county or state peace officer or other special agent authorized by the department.

(3) In the case of a new vehicle being titled for the first time, no certificate of title or registration shall be issued unless the application is endorsed by a franchised new vehicle dealer licensed to sell a new vehicle. Each application shall be accompanied by a statement completed by the franchised new car dealer that it is authorized to transfer the vehicle to the purchaser. The dealer shall retain in its records a manufacturer's certificate of origin or manufacturer's statement of origin executed by the manufacturer and delivered to his agent or his franchised vehicle dealer. The certificate or statement of origin shall be in a form prescribed by the board and shall contain the year of manufacture or the model year of the vehicle, the manufacturer's vehicle identification number, the name of the manufacturer, the number of cylinders, a general description of the body, if any, and the type or model. Upon sale of a new vehicle, the manufacturer or his agent or franchised dealer shall execute and deliver to the purchaser an assignment of the certificate or statement, together with any lien or encumbrance to which the vehicle is subject. The certificate or statement will be retained by the dealer for five (5) years so that it is available for inspection by the department.

(4) The department shall retain the evidence of title presented by the applicant and on which the certificate of title is issued. The department shall maintain an identification numbers index of registered vehicles, but said index is not required to include operators who have been issued a certificate of number or nonresident user certificate pursuant to sections 67-7122 and 67-7124, Idaho Code, and upon receiving an application for a certificate of title shall first check the identification number shown in the application against the index. The department, when satisfied that the applicant is the owner of the vehicle and that the application is in proper form, shall issue in the name of the owner of the vehicle a certificate of title bearing a title number, the date issued and a description of the vehicle as determined by the department, together with a statement of the owner's title and of all liens or encumbrances on the vehicle, and whether possession is held by the owner under a lease, contract or conditional sale, or other like agreement.

(5) In all cases of transfer of vehicles, the application for certificates of title shall be filed within thirty (30) calendar days after the delivery of the vehicles. Licensed dealers need not apply for certificate of title for vehicles in stock or when they are acquired for stock purposes.

(6) In the case of the sale of a vehicle by a dealer to a general purchaser or user, the certificate of title shall be obtained in the name of the purchaser by the dealer upon application signed by the purchaser. If a lien is to be recorded, the title documentation as required in this section shall be submitted to the department by the dealer or the lienholder upon application signed by the purchaser. A copy of this application shall be given to the purchaser to be used as a seventy-two (72) hour temporary permit, unless the application is submitted by an electronic means approved by the department, in which case a forty-five (45) calendar day temporary permit may be issued. In all other cases, the certificates shall be obtained by the purchaser and the certificate of title properly assigned and dated by the seller, or the seller's bill of sale shall serve as a seventy-two (72) hour permit. The seventy-two (72) hour time period for temporary permits shall be calculated excluding weekend days and legal holidays observed by the state of Idaho. These temporary permits allow operation of any noncommercial vehicle or unladened commercial vehicle or vehicle combination without license plates for the period of time specified in the permit. A ladened commercial vehicle or vehicle combination may also operate without license plates for the period of time specified in the temporary permit, provided that the owner or operator has also obtained a permit issued under the provisions of section 49-432, Idaho Code.

(7) If the vehicle has no identification number, then the department shall designate an identification number for that vehicle at the time of issuance of the certificate of title. The identification number shall be permanently affixed to or indented on the frame of the vehicle and legibly maintained by the owner at all times while a certificate of title to the vehicle is issued and outstanding.

(8) An EVC provider authorized pursuant to section 49-401C, Idaho Code, may act on behalf of the department in receiving, processing, and transmitting applications for title and any related fees to the department. The security, oversight, and processing requirements in chapter 4, title 49, Idaho Code, shall also apply to titling transactions conducted by an EVC provider.

(9) The department may allow a person to submit a required document by using electronic media deemed feasible by the department instead of requiring an original document. If a signature on a document is required by law and the document is submitted electronically, the signature requirement will be satisfied by an authenticated electronically submitted signature. An electronically submitted document, once accepted by the department, shall be deemed the same as an original document and shall be admissible in all administrative, quasi-judicial, and judicial proceedings.

History:

[49-504, added 1988, ch. 265, sec. 119, p. 644; am. 1989, ch. 35, sec. 1, p. 45; am. 1991, ch. 153, sec. 1, p. 362; am. 1993, ch. 321, sec. 1, p. 1179; am. 2000, ch. 55, sec. 1, p. 109; am. 2000, ch. 418, sec. 14, p. 1351; am. 2009, ch. 141, sec. 2, p. 424; am. 2010, ch. 225, sec. 6, p. 512; am. 2010, ch. 258, sec. 2, p. 659; am. 2014, ch. 38, sec. 11, p. 79; am. 2021, ch. 149, sec. 30, p. 421; am. 2021, ch. 180, sec. 3, p. 497; am. 2023, ch. 68, sec. 1, p. 229; am. 2026, ch. 52, sec. 2, p. 240; am. 2026, ch. 143, sec. 1, p. 665.]
Idaho Code § 49-953 — Idaho Code / Title 49 / Chapter 9 / Section 49-953
49-953 DISPLAY OF WARNING DEVICES WHEN VEHICLE DISABLED.
Status: in_force

49-953. Display of warning devices when vehicle disabled. (1) Whenever any truck, bus, truck tractor, trailer, semitrailer, or pole trailer is disabled upon the traveled portion or the shoulder of any highway outside of any municipality at any time when lighted lamps are required on vehicles, the driver of the vehicle shall display the following warning devices upon the highway during the time the vehicle is disabled on the highway except as provided in subsection (2):

(a) A lighted fusee, a lighted red electric lantern or a portable red emergency reflector shall be immediately placed at the traffic side of the motor vehicle in the direction of the nearest approaching traffic.

(b) As soon thereafter as possible, but in any event within the burning period of the fusee (15 minutes), the driver shall place three (3) liquid-burning flares (pot torches), or three (3) lighted red electric lanterns, or three (3) portable red emergency reflectors on the traveled portion of the highway in the following order:

1. One, approximately two hundred (200) feet from the disabled vehicle in the center of the lane occupied by the vehicle and toward traffic approaching in that lane.

2. One, approximately two hundred (200) feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by the vehicle.

3. One at the traffic side of the disabled vehicle not less than ten (10) feet rearward or forward in the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with paragraph 1. of this subsection, it may be used for this purpose.

(2) Whenever any vehicle referred to in this section is disabled within five hundred (500) feet of a curve, hill crest, or other obstruction to view, the warning signal in that direction shall be placed to afford ample warning to other users of the highway, but in no case less than five hundred (500) feet from the disabled vehicle.

(3) Whenever any vehicle of a type referred to in this section is disabled upon any portion of a divided highway during the time that lights are required, the appropriate warning devices prescribed in subsections (1) and (5) of this section shall be placed one (1) at a distance of approximately two hundred (200) feet from the vehicle in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane; one (1) at a distance of approximately one hundred (100) feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; and one (1) at the traffic side of the vehicle and approximately ten (10) feet from the vehicle in the direction of the nearest approaching traffic.

(4) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion or the shoulder of a highway outside any municipality at any time when the display of fusees, flares, red electric lanterns or portable red emergency reflectors is not required, the driver of the vehicle shall display two (2) red flags upon the highway in the lane of traffic occupied by the disabled vehicle, one (1) at a distance of approximately two hundred (200) feet in advance of the vehicle, and one (1) at a distance of approximately two hundred (200) feet to the rear of the vehicle.

(5) Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled upon a highway at any time or place mentioned in subsection (1) of this section, the driver of the vehicle shall immediately display one (1) red electric lantern or portable red emergency reflector placed on the highway at the traffic side of the vehicle, and two (2) red electric lanterns or portable red reflectors, one (1) placed approximately two hundred (200) feet to the front and one (1) placed approximately two hundred (200) feet to the rear of the disabled vehicle in the center of the traffic lane occupied by the vehicle. Flares, fusees, or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this subsection.

(6) Flares, fusees, red electric lanterns, portable red emergency reflectors, and flags to be displayed as required in this section shall conform with the requirements of section 49-952, Idaho Code.

History:

[49-953, added 1988, ch. 265, sec. 267, p. 711; am. 1992, ch. 115, sec. 22, p. 371.]
Idaho Code § 49-417A — Idaho Code / Title 49 / Chapter 4 / Section 49-417A
49-417A IDAHO TIMBER SPECIAL PLATES.
Status: in_force

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

(2) In addition to the regular operating fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited by the state treasurer in the department of lands fund for use in reforestation activities on state lands, provided however, that prior to the beginning of any fiscal year, the state board of land commissioners may agree that funds made available under this section to the department of lands for the coming year would better further reforestation objectives of the management and conservation of forest resources on public and private lands in the state if expended for educational efforts set forth in this section.

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

(3) The Idaho timber license plate shall be of a color and design acceptable to the members of the Idaho forest products commission and 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 director of the department of lands from funds appropriated to that department.

(4) Sample Idaho timber plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be deposited in the department of lands fund for use in reforestation activities or educational efforts as set forth in this section.

(5) Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee of each timber special license plate, and twenty dollars ($20.00) for each sample timber special license plate, shall be deposited with the state treasurer and credited to the department of lands. Funds so deposited and subsequently directed by the state board of land commissioners for educational efforts as set forth in this section shall be expended as agreed by the state board of land commissioners upon recommendations developed jointly by the department of lands and the Idaho forest products commission. Such efforts may include signs or other appropriate means designed to help build public understanding of reforestation or the management and conservation of forest resources on public and private lands in Idaho.

History:

[49-417A, added 1995, ch. 186, sec. 1, p. 674; am. 1997, ch. 134, sec. 1, p. 402; am. 1998, ch. 113, sec. 14, p. 427; am. 1999, ch. 315, sec. 3, p. 785; am. 2000, ch. 87, sec. 18, p. 202.]
Idaho Code § 49-1608B — Idaho Code / Title 49 / Chapter 16 / Section 49-1608B
49-1608B IDAHO CONSUMER ASSET RECOVERY FUND ESTABLISHED — EXPENDITURES AUTHORIZED.
Status: in_force

49-1608B. Idaho consumer asset recovery fund established — Expenditures authorized. (1) There is hereby created in the state treasury an account to be known as the "Idaho consumer asset recovery fund" (ICAR), hereinafter referred to as the "fund." Moneys in the fund are hereby continuously appropriated to the department and shall be used exclusively to satisfy unpaid judgments as provided for in section 49-1608C, Idaho Code. The fund shall consist of moneys appropriated by the legislature and other moneys as provided for in law. All interest earned on investment by the department of moneys in the fund shall be returned to the fund.

(2) Except as provided for in subsection (3) of this section, moneys paid out of the fund shall be known as expenditures and shall be limited to awards based upon claims or final judgments of fraud, fraudulent representation or any violation of: provisions of this chapter; provisions of chapter 6, title 48, Idaho Code; provisions of chapter 5, title 49, Idaho Code; provisions of section 49-1418, Idaho Code; or provisions of federal motor vehicle safety standards or odometer fraud as provided for in this chapter. All expenditures from the fund by the board pursuant to the provisions of this act, including expenditures provided for in subsection (3) of this section, shall be paid out on warrants drawn by the department upon presentation of proper vouchers approved by the Idaho consumer asset recovery control board as established in section 49-1608C, Idaho Code.

(3) Notwithstanding any other provision of this act, no expenditures shall be made from the fund until the fund has accumulated one (1) full year of fees. When the fund reaches or exceeds two million dollars ($2,000,000), the fee provided for in section 49-1608C, Idaho Code, shall be temporarily suspended upon approval of the Idaho consumer asset recovery control board.

(4) Claims made against a dealer with an existing bond, pursuant to section 49-1608, Idaho Code, shall first be paid by the bond before claims may be approved for payment by the board from the fund. From July 1, 2013, through June 30, 2014, all dealers shall be required to maintain the surety bond required pursuant to the provisions of 49-1608, Idaho Code.

History:

[49-1608B, added 2013, ch. 136, sec. 2, p. 318.]
Idaho Code § 49-415D — Idaho Code / Title 49 / Chapter 4 / Section 49-415D
49-415D SUPPORT OUR TROOPS PLATES.
Status: in_force

49-415D. Support our troops plates. (1) On and after January 1, 2008, 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 support our troops 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 support our troops license plates for other vehicles shall be subject to the rules, policies and procedures of the department.

(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer for deposit to the Idaho support our troops, inc.'s principal office located in Boise, Idaho, and shall be used by the Idaho support our troops, inc. as administrator of the funds, to provide support and assistance to the children, dependents and spouses of military service members and armed forces members of the army, navy, air force, marine corps, national guard, space force, coast guard and air national guard and reserves.

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

(4) The support our troops license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be acceptable to the board of directors of the Idaho support our troops, inc. and shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho support our troops, inc.

(5) Sample support our troops 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 support our troops, inc.'s principal office located in Boise, Idaho, and shall be used to provide support and assistance to the children, dependents and spouses of military service members and armed forces members of the army, navy, air force, marine corps, national guard, space force, coast guard and air national guard and reserves.

History:

[49-415D, added 2007, ch. 256, sec. 2, p. 762; am. 2024, ch. 266, sec. 2, p. 927.]
Idaho Code § 49-725 — Idaho Code / Title 49 / Chapter 7 / Section 49-725
49-725 RIGHTS AND DUTIES OF ELECTRIC-ASSISTED BICYCLES.
Status: in_force

49-725. rights and duties of electric-assisted bicycles. Except as otherwise provided in this title, an electric-assisted bicycle shall be subject to all the safety requirements of a bicycle. A rider of an electric-assisted bicycle shall be afforded all the rights and privileges and be subject to all of the duties and safety requirements as the rider of a bicycle. Subject to the provisions in this chapter, electric-assisted bicycles may be ridden where bicycles are permitted to travel, unless excluded by local ordinance or by signage posted by the public agency with jurisdiction after notice by inclusion on a governing board agenda.

History:

[49-725, added 2019, ch. 84, sec. 7, p. 209.]
Idaho Code § 49-401B — Idaho Code / Title 49 / Chapter 4 / Section 49-401B
49-401B APPLICATION FOR REGISTRATION — RECEIPT FOR FEE — RECORD OF APPLICANTS.
Status: in_force

49-401B. Application for registration — Receipt for fee — Record of applicants. (1) Application for the registration of a vehicle required to be registered under the provisions of section 49-401A, Idaho Code, shall be made to the assessor or the department, as specified in that section, by the owner on the appropriate form. Every application shall contain the owner's Idaho driver's license number, Idaho identification card number, social security number or individual taxpayer identification number. In the case of a business, the employer tax identification number is required. Every application shall also contain the owner's true and full legal name, and every applicant must submit proof of identity pursuant to section 49-306, Idaho Code, if he has not already done so. In the event that the owner does not possess a social security number, the owner shall present written documentation sufficient to the department to determine that no social security number has been issued. In the event that a business, trust or other statutorily created entity is not required to have and does not possess an employer tax identification number, the applicant shall provide a written statement certifying that the entity does not possess an employer tax identification number. Such application must be signed by the owner and contain his residence address and mailing address, if different, and a brief description of the vehicle to be registered, including the name of the maker, the type of fuel used, and the identification number. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant may state in the application required pursuant to this section the applicant's alternative Idaho mailing address in place of his or her residence address. Upon registration of a new vehicle, the application shall also show the date of sale by the manufacturer or dealer to the person first operating such vehicle. The application shall contain any other information as may be required by the department and shall contain a provision that allows an owner to choose to participate in the Idaho state parks passport program. The assessor shall issue to the applicant a receipt for any fee paid. Social security numbers collected shall not appear on certificates of registration, and all applications on file shall be exempt from disclosure, except as provided in sections 49-202, 49-203 and 49-203A, Idaho Code.

(2) The assessor shall record on a form prescribed and furnished by the department the names of all owners of vehicles residing in the county who make application for registration, together with the amounts of the fees paid by such owners.

(3) When application for registration is made by any motor carrier, the assessor or the department shall require each such applicant to execute a certification of safety compliance.

(4) Vehicles registered under the proportional registration provisions of section 49-435, Idaho Code, shall be registered by the department.

(5) Every owner of a vehicle registered by a county assessor shall give his physical domicile residence address or the business physical principal address to the assessor so that the proper county can be entered upon the registration. Failure to do so shall be unlawful. The department shall then attribute the registration, and all fees to be apportioned to the highway distribution account, to the county of residence regardless of the county in which the registration occurred. Fees imposed under the provisions of sections 40-827 and 40-1416, Idaho Code, shall be separately identified and accounted for and paid to the highway district for which collected. Fees collected in addition to vehicle registration fees for the Idaho state parks passport program, as provided in section 49-402(11), Idaho Code, shall be separately identified and accounted for and paid to the state treasurer on a monthly basis to be deposited in the park and recreation fund as specified in section 49-402(11), Idaho Code. For the purposes of vehicle registration, a person is an actual and permanent resident of the county in which he has his principal residence or domicile. A principal residence or domicile shall not be a person's workplace, vacation, or part-time residence.

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

History:

[49-401B, added 1992, ch. 35, sec. 9, p. 113; am. 1998, ch. 392, sec. 7, p. 1208; am. 1999, ch. 383, sec. 7, p. 1062; am. 2009, ch. 141, sec. 1, p. 424; am. 2010, ch. 225, sec. 5, p. 511; am. 2010, ch. 258, sec. 1, p. 658; am. 2012, ch. 41, sec. 1, p. 127; am. 2013, ch. 354, sec. 4, p. 969; am. 2014, ch. 13, sec. 2, p. 20; am. 2014, ch. 38, sec. 5, p. 74; am. 2026, ch. 52, sec. 1, p. 239.]
Idaho Code § 49-1431 — Idaho Code / Title 49 / Chapter 14 / Section 49-1431
49-1431 MOTORCYCLE PROFILING.
Status: in_force

49-1431. motorcycle profiling. (1) No state or local law enforcement agent or law enforcement agency shall engage in motorcycle profiling.

(2) For purposes of this section, "motorcycle profiling" means the arbitrary use of the fact that a person rides a motorcycle or wears motorcycle-related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle under the constitution of the United States or the constitution of the state of Idaho.

(3) Nothing in this section shall be construed to create a cause of action against any individual, the state of Idaho, any counties or cities of the state, or any law enforcement entity within the state.

History:

[49-1431, added 2020, ch. 326, sec. 1, p. 942.]
Idaho Code § 49-608 — Idaho Code / Title 49 / Chapter 6 / Section 49-608
49-608 RIDING IN MANUFACTURED HOMES OR COMMERCIAL COACHES.
Status: in_force

49-608. Riding in manufactured homes or commercial coaches. No person shall occupy a manufactured home or commercial coach while it is being moved upon a highway.

History:

[49-608, added 1988, ch. 265, sec. 147, p. 657.]
Idaho Code § 49-2210 — Idaho Code / Title 49 / Chapter 22 / Section 49-2210
49-2210 IMMUNITIES.
Status: in_force

49-2210. Immunities. (1) (a) Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened leakage, seepage, or other release of hazardous material, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose of any such leakage, seepage or other release, shall be subject to civil liabilities or penalties of any type.

(b) The immunities provided in subsection (3) of section 49-2209, Idaho Code, shall not apply to any person:

1. Whose act or omission caused in whole or in part such actual or threatened leakage, seepage or other release and would otherwise be liable therefor; or

2. Who receives compensation, or is an employee of a person who receives compensation for services rendered in connection with the emergency, from a person whose act or omission caused in whole or in part the emergency, other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice.

(c) Nothing in subsection (3) of section 49-2209, Idaho Code, shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence, or from such person's reckless, wanton, or intentional misconduct.

(2) Governmental immunity. No cause of action shall accrue against the state of Idaho or any of its political subdivisions or any agency thereof based on negligence in a performance of any of the duties or responsibilities provided under this chapter.

History:

[49-2210, added 1988, ch. 265, sec. 462, p. 819.]
Idaho Code § 49-315 — Idaho Code / Title 49 / Chapter 3 / Section 49-315
49-315 LICENSES ISSUED TO DRIVERS.
Status: in_force

49-315. Licenses issued to drivers. (1) The department shall issue to every qualifying applicant a distinguishing driver's license as applied for, which shall bear a distinguishing number assigned to the licensee, the full name, date of birth, Idaho residence address, sex, weight, height, eye color, hair color, color photograph, name of this state, date of issuance, date of expiration, license class, endorsements, restrictions, and the applicant's signature. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant's driver's license shall contain his or her alternative Idaho mailing address in place of his or her Idaho residence address. Driver's licenses for persons under eighteen (18) years of age shall include a notation "under 18 until (month, day, year)," and driver's licenses for persons eighteen (18) years of age to twenty-one (21) years of age shall include a notation "under 21 until (month, day, year)." No driver's license shall be valid until it has been signed on the signature line of the license by the licensee. Driver's licenses for persons who are United States citizens shall, where possible, include the notation "USA."

(2) Every driver's license shall bear a color photograph of the licensee, which shall be taken by the examiner at the time the application is made. The photograph shall be taken without headgear or other clothing or device that disguises or otherwise conceals the face or head of the applicant. A waiver may be granted by the department allowing the applicant to wear headgear or other head covering for medical, religious or safety purposes as long as the face is not disguised or otherwise concealed. At the request of the applicant, a driver's license may contain a statement or indication of the medical condition of the licensee.

(3) The department shall notify the commercial driver license information system that a class A, B or C driver's license has been issued as required by 49 CFR parts 383 and 384.

(4) A licensee applying for a hazardous material endorsement on a driver's license shall have a security background records check and shall receive clearance from the federal transportation security administration before the endorsement can be issued, renewed or transferred as required by 49 CFR part 383, subject to procedures established by the federal transportation security administration.

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

(6) A licensee who is a person with a permanent disability may request that the notation "permanently disabled" be imprinted on the driver's license, provided the licensee presents written certification from a licensed physician verifying that the licensee's stated impairment qualifies as a permanent disability according to the provisions of section 49-117, Idaho Code.

(7) A licensee who is a veteran may request that his or her status as such be designated on the driver's license at no additional cost. Any such request shall be accompanied by proof of being a current or former member of the United States armed forces. Upon request and submission of satisfactory proof, the department shall indicate such person's status as a veteran on any class of driver's license issued pursuant to this section. Such designation shall be made upon original issuance or renewal of a driver's license. Designation shall also be made on any duplicate driver's license issued, provided that the fee for such duplicate driver's license is paid in accordance with section 49-306, Idaho Code.

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

History:

[49-315, added 1988, ch. 265, sec. 49, p. 596; am. 1989, ch. 88, sec. 27, p. 179; am. 1991, ch. 203, sec. 1, p. 482; am. 1992, ch. 115, sec. 12, p. 364; am. 1994, ch. 85, sec. 1, p. 200; am. 1998, ch. 110, sec. 20, p. 404; am. 1999, ch. 318, sec. 2, p. 807; am. 2001, ch. 74, sec. 2, p. 176; am. 2001, ch. 332, sec. 2, p. 1168; am. 2002, ch. 171, sec. 17, p. 503; am. 2004, ch. 297, sec. 2, p. 828; am. 2006, ch. 164, sec. 5, p. 493; am. 2006, ch. 265, sec. 4, p. 823; am. 2010, ch. 225, sec. 4, p. 510; am. 2013, ch. 92, sec. 1, p. 225; am. 2019, ch. 48, sec. 1, p. 129; am. 2022, ch. 217, sec. 2, p. 704; am. 2023, ch. 293, sec. 7, p. 890.]
Idaho Code § 49-2417 — Idaho Code / Title 49 / Chapter 24 / Section 49-2417
49-2417 OWNER'S TORT LIABILITY FOR NEGLIGENCE OF ANOTHER — SUBROGATION.
Status: in_force

49-2417. Owner's tort liability for negligence of another — Subrogation. (1) Every owner of a motor vehicle is liable and responsible for the death of or injury to a person or property resulting from negligence in the operation of his motor vehicle, in the business of the owner or otherwise, by any person using or operating the vehicle with the permission, expressed or implied, of the owner, and the negligence of the person shall be imputed to the owner for all purposes of civil damages.

(2) The liability of an owner for imputed negligence imposed by the provisions of this section and not arising through the relationship of principal and agent or master and servant is limited to the amounts set forth under "proof of financial responsibility" in section 49-117, Idaho Code, or the limits of the liability insurance maintained by the owner, whichever is greater.

(3) In any action against an owner for imputed negligence as imposed by the provisions of this section the operator of the vehicle whose negligence is imputed to the owner shall be made a defendant party if personal service of process can be had upon that operator within Idaho. Upon recovery of a judgment, recourse shall first be had against the property of the operator so served.

(4) In the event a recovery is had under the provisions of this section against an owner for imputed negligence the owner is subrogated to all the rights of the person injured and may recover from the operator the total amount of any judgment and costs recovered against the owner. If the bailee of an owner with the permission, expressed or implied, of the owner, permits another to operate the motor vehicle of the owner, then the bailee and the driver shall both be deemed operators of the vehicle of the owner, within the meaning of subsections (3) and (4) of this section.

(5) Where two (2) or more persons are injured or killed in one (1) accident, the owner may settle or pay any bona fide claim for damages arising out of personal injuries or death, whether reduced to a judgment or not, and the payments shall diminish to the extent of the owners' total liability on account of the accident. Payments so made, aggregating the full sum of fifty thousand dollars ($50,000), shall extinguish all liability of the owner hereunder to the claimants and all other persons on account of the accident. Liability may exist by reason of imputed negligence, pursuant to this section, and not arising through the negligence of the owner nor through the relationship of principal and agent nor master and servant.

(6) If a motor vehicle is sold under a contract of conditional sale whereby the title to the motor vehicle remains in the vendor, the vendor or his assignee shall be deemed an owner within the provisions of this section.

(7) An owner that rents or leases a motor vehicle to a person shall not be liable under the laws of the state of Idaho or a political subdivision thereof, by reason of being the owner of the vehicle, for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease if:

(a) The owner is engaged in the trade or business of renting or leasing motor vehicles; and

(b) There is no negligence or criminal wrongdoing on the part of the owner.

History:

[49-2417, added 1988, ch. 265, sec. 481, p. 825; am. 2007, ch. 307, sec. 2, p. 861.]
Idaho Code § 49-1220 — Idaho Code / Title 49 / Chapter 12 / Section 49-1220
49-1220 DURATION OF PROOF — WHEN PROOF MAY BE CANCELED OR RETURNED.
Status: in_force

49-1220. Duration of proof — When proof may be canceled or returned. (1) The department shall upon request consent to the immediate cancellation of any certificate of insurance, or the department shall waive the requirement of filing proof, in any of the following events:

(a) At any time after one (1) year or three (3) years from the date the proof was required, as provided in section 49-1208, Idaho Code, when, during the one (1) year or three (3) year period preceding the request, the department has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the driver's license or nonresident's operating privilege of the person by or for whom the proof was furnished; or

(b) In the event of the death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle; or

(c) In the event the person who has given proof surrenders his driver's license to the department.

(2) Whenever any person whose proof has been canceled or returned applies for a driver's license within a period of one (1) year or within a period of three (3) years from the date proof was originally required, as provided in section 49-1208, Idaho Code, the application shall be refused unless the applicant shall reestablish proof for the remainder of the one (1) year or three (3) year period.

History:

[49-1220, added 1988, ch. 265, sec. 310, p. 734; am. 1989, ch. 88, sec. 48, p. 190; am. 1998, ch. 423, sec. 2, p. 1336; am. 2001, ch. 74, sec. 7, p. 178.]
Idaho Code § 49-1623 — Idaho Code / Title 49 / Chapter 16 / Section 49-1623
49-1623 PRODUCT LIABILITY INDEMNIFICATION.
Status: in_force

49-1623. Product liability indemnification. Notwithstanding the terms of any franchise agreement, it shall be unlawful for any manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement for damages, including court costs and reasonable attorney fees of the dealer, arising out of complaints, claims or lawsuits including strict liability, negligence, misrepresentation, warranty (express or implied), or rescission of the sale, to the extent that the judgment or settlement relates to the alleged defective or negligent manufacture, assembly or design of new vehicles, parts or accessories or other functions by the manufacturer, beyond the control of the dealer.

History:

[49-1623, added 1988, ch. 265, sec. 396, p. 783.]
Idaho Code § 49-226 — Idaho Code / Title 49 / Chapter 2 / Section 49-226
49-226 FILING FALSE AFFIDAVIT OF THEFT OR EMBEZZLEMENT OF A VEHICLE.
Status: in_force

49-226. Filing false affidavit of theft or embezzlement of a vehicle. It shall be unlawful and a felony for the owner of any vehicle to file an affidavit as required in section 49-449, Idaho Code, knowing the same to be false or misleading.

History:

[49-226, added 1988, ch. 265, sec. 20, p. 584.]
Idaho Code § 49-1230 — Idaho Code / Title 49 / Chapter 12 / Section 49-1230
49-1230 PROOF OF COMPLIANCE.
Status: in_force

49-1230. Proof of compliance. Before any applicant required to register his motor vehicle may do so the applicant shall certify the existence of automobile liability insurance covering the motor vehicle on a form prescribed by the department. The department may immediately cancel the registration card and license plates of the vehicle upon notification that the insurance certification was not correctly represented.

An owner of a motor vehicle who ceases to maintain the insurance required in accordance with this chapter shall immediately surrender the registration card and license plates for the vehicle to the department and may not operate or permit operation of the vehicle in Idaho until insurance has again been furnished as required in accordance with this chapter and the vehicle is again registered and licensed.

History:

[49-1230, added 1988, ch. 265, sec. 318, p. 738.]
Idaho Code § 49-801 — Idaho Code / Title 49 / Chapter 8 / Section 49-801
49-801 OBEDIENCE TO AND REQUIRED TRAFFIC-CONTROL DEVICES.
Status: in_force

49-801. Obedience to and required traffic-control devices. (1) The driver of any vehicle shall obey the instructions of any traffic-control device placed or held in accordance with the provisions of this title, unless otherwise directed by a peace officer, subject to the exceptions granted the driver of an authorized emergency vehicle by this title.

(2) No provisions of this title for which traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation a device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that traffic-control devices are required, the section shall be effective even though no devices are erected and in place.

(3) Whenever traffic-control devices are placed or held in position approximately conforming to the requirements of this title, the devices shall be presumed to have been placed or held by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

(4) Any traffic-control device placed or held pursuant to the provisions of this title and purporting to conform to the lawful requirement pertaining to those devices shall be presumed to comply with the requirements of this title, unless the contrary shall be established by competent evidence.

History:

[49-801, added 1988, ch. 265, sec. 215, p. 681.]
Idaho Code § 49-314 — Idaho Code / Title 49 / Chapter 3 / Section 49-314
49-314 LOCAL EXAMINERS APPOINTED BY DEPARTMENT.
Status: in_force

49-314. Local examiners appointed by department. (1) The department shall appoint the sheriff in each county and may appoint any deputy sheriff, chief of police, or other officials or private citizens whom the department deems qualified as examiners, who shall be agents of the department and shall perform duties prescribed in this title.

(2) The department shall appoint at least one (1) employee in the department who shall be skilled and highly qualified in the method of giving driver's license examinations, who shall have authority, and it shall be this person's duty to instruct the examiners appointed by the department in the method of giving driver's license examinations and acquaint them with the use of equipment and forms needed in examining applicants for licensure.

(3) Agents of the department appointed to administer skills tests for class A, B or C driver's licenses must be certified according to 49 CFR part 383.

(4) Agents of the department appointed to administer the skills test for a motorcycle endorsement shall be certified by the division of career technical education.

(5) Agents of the department to administer skills tests for class D driver's licenses shall be certified by the department.

History:

[49-314, added 1988, ch. 265, sec. 48, p. 596; am. 1989, ch. 88, sec. 26, p. 178; am. 1990, ch. 45, sec. 20, p. 96; am. 1994, ch. 234, sec. 9, p. 742; am. 1997, ch. 357, sec. 3, p. 1058; am. 2009, ch. 30, sec. 9, p. 86; am. 2016, ch. 25, sec. 42, p. 59.]
Idaho Code § 49-2412 — Idaho Code / Title 49 / Chapter 24 / Section 49-2412
49-2412 PERSONS INJURED IN BUSINESS BY TRUST MAY SUE.
Status: in_force

49-2412. Persons injured in business by trust may sue. In addition to the criminal and civil penalties provided, any person who shall be injured in his business or property by any other person by reason of anything forbidden or declared to be unlawful by the provisions of sections 49-2401 through 49-2406, Idaho Code, may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover twice the damages sustained, and the costs of the suit. Whenever it shall appear to the court before which proceedings may be pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where the action is pending, or not.

History:

[49-2412, added 1988, ch. 265, sec. 478, p. 824.]
Idaho Code § 49-402B — Idaho Code / Title 49 / Chapter 4 / Section 49-402B
49-402B OPTIONAL BIENNIAL REGISTRATION.
Status: in_force

49-402B. Optional biennial registration. (1) At the option of the applicant, any vehicle registered under the provisions of section 49-402(1) through (5) or 49-434(1), Idaho Code, may be registered for a period of two (2) years for a fee that is double the fee currently assessed for annual registration of the vehicle in section 49-402 or 49-434(1), Idaho Code.

(2) If any vehicle registered under a special license plate program is registered for a two (2) year period as provided in this section, the registrant shall also be required to pay the special programs fees for a two (2) year period.

(3) Any vehicle registered pursuant to section 49-435, Idaho Code, shall not be eligible for biennial registration.

(4) The additional fee collected for emergency medical services pursuant to section 49-452, Idaho Code, or project choice pursuant to section 49-454, Idaho Code, shall also be doubled for any registration issued under the provisions of this section.

(5) The administrative fee collected for issuance of a motor vehicle registration shall be the same as for an annual registration and shall not be doubled or in any way increased solely because of registration under the provisions of this section.

History:

[49-402B, added 1999, ch. 90, sec. 2, p. 292; am. 2006, ch. 227, sec. 2, p. 679; am. 2023, ch. 51, sec. 1, p. 198.]
Idaho Code § 49-1428 — Idaho Code / Title 49 / Chapter 14 / Section 49-1428
49-1428 FINANCIAL RESPONSIBILITY.
Status: in_force

49-1428. Financial responsibility. (1) It shall be unlawful for any person to operate a motor vehicle upon highways without a valid policy of liability insurance in full force and effect in an amount not less than that provided in section 49-117, Idaho Code, or unless the person has been issued a certificate of self-insurance pursuant to section 49-1224, Idaho Code, or has previously posted an indemnity bond with the director of insurance as provided in section 49-1229, Idaho Code.

(2) It is an infraction punishable by a fine of seventy-five dollars ($75.00) for any person to violate the provisions of this section for the first time. A second and any subsequent conviction of a violation of the provisions of this section or the provisions of section 49-1229 or 49-1232, Idaho Code, within five (5) years shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both. The department shall notify any person convicted of a violation of this section of the penalties which may be imposed for a second and any subsequent conviction.

History:

[49-1428, added 1988, ch. 265, sec. 364, p. 755; am. 1990, ch. 432, sec. 7, p. 1200; am. 1998, ch. 423, sec. 5, p. 1338; am. 1999, ch. 81, sec. 20, p. 263.]
Idaho Code § 49-626 — Idaho Code / Title 49 / Chapter 6 / Section 49-626
49-626 FOLLOWING FIRE APPARATUS PROHIBITED.
Status: in_force

49-626. Following fire apparatus prohibited. The driver of any vehicle other than one on official business shall not follow closer than five hundred (500) feet any fire apparatus traveling in response to a fire alarm, or stop a vehicle within five hundred (500) feet of any fire apparatus stopped in answer to a fire alarm.

History:

[49-626, added 1988, ch. 265, sec. 157, p. 660.]
Idaho Code § 49-104 — Idaho Code / Title 49 / Chapter 1 / Section 49-104
49-104 DEFINITIONS — C.
Status: in_force

49-104. Definitions — C. (1) "Cancellation of driver's license" means the annulment or termination by formal action of the department of a person's driver's license because of some error or defect in the driver's license or because the licensee is no longer entitled to the driver's license. The cancellation of a driver's license is without prejudice and after compliance with requirements, the individual may apply for a new driver's license at any time after cancellation.

(2) "Caravaning" means the transportation of any motor vehicle into, out of, or within the state operating on its own wheels or in tow for the purpose of sale or offer of sale by any agent, dealer, manufacturer's representative, purchaser, or prospective purchaser, regardless of residence unless the motor vehicle is licensed by the state of Idaho, or is owned by an automobile dealer, duly licensed as a dealer by this state. It shall also be considered as the transportation of property for hire by a motor vehicle upon the highways of this state.

(3) "Certificate of liability insurance" means a certificate of liability insurance issued by an insurance company authorized to do business in this state or a certificate of liability insurance issued by the department of insurance which demonstrates current insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by accident and arising out of the operation, maintenance or use of a motor vehicle described in the certificate in an amount not less than that required by section 49-117(20), Idaho Code, and also demonstrates the current existence of any other coverage required by title 41, Idaho Code, or a certificate of self-insurance issued pursuant to law for each motor vehicle to be registered. A certificate of liability insurance shall contain the information required by the department of insurance, including the name and address of the owner of the motor vehicle and a description of the motor vehicle including identification number if there is one, or a statement that all vehicles owned by a person or entity are covered by insurance, the inception date of coverage, and the name of the insurer. "Certificate of liability insurance" may also include the original contract of liability insurance or a true copy, demonstrating the current existence of the liability insurance described in this subsection.

(4) "Certification of safety compliance" means that a motor carrier certifies as part of its registration process that it has knowledge of the federal regulations and rules promulgated by the Idaho transportation department and the Idaho state police applicable to motor carriers.

(5) "Chains" means metal traction devices required pursuant to section 49-948, Idaho Code, which consist of two (2) circular metal loops, one (1) on each side of the tire, connected by not less than nine (9) evenly spaced chains across the tire tread.

(6) "Coerce" means to compel or attempt to compel by threat or use of force.

(7) "Commercial coach." (See section 39-4301, Idaho Code)

(8) "Commercial driver's license" means any class A, class B or class C driver's license as defined in section 49-105, Idaho Code.

(9) "Commercial driver license information system (CDLIS)" is the information system established to serve as a clearinghouse for locating information related to the licensing and identification of motor vehicle drivers.

(10) "Commercial driver training school" means a business enterprise conducted by an individual, association, partnership, or corporation, for the education and training of persons, either practically or theoretically, or both, to operate or drive motor vehicles, and charging a consideration or tuition for such services.

(11) "Commercial learner's permit" means a permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383.5, that when carried with a valid driver's license issued by the same state or jurisdiction, authorizes the individual to operate a commercial vehicle when accompanied by a holder of a valid commercial driver's license (CDL) for purposes of behind-the-wheel training.

(12) "Commercial vehicle" or "commercial motor vehicle." (See "Vehicle," section 49-123, Idaho Code)

(13) "Compliance review" means an on-site examination of motor carrier operations, which may be at the carrier's place of business, including driver's hours of service, vehicle maintenance and inspection, driver qualifications, commercial driver's license requirements, financial responsibility, accidents, hazardous materials, and such other related safety and transportation records to determine safety fitness.

(14) "Controlled substance" means any substance so classified under section 102(6) of the controlled substances act, 21 U.S.C. 802(6), and includes all substances listed on schedules I through V, of 21, CFR part 1308, as they may be revised from time to time.

(15) "Conviction" means:

(a) The person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment. A conviction for purposes of this title shall also include an infraction judgment.

(b) For purposes of disqualification or withdrawal of commercial vehicle driving privileges only, "conviction" means an unvacated adjudication of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.

(16) "Crosswalk" means:

(a) That part of a highway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable highway; and in the absence of a sidewalk on one side of the highway, that part of a highway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline.

(b) Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

History:

[49-104, added 1988, ch. 265, sec. 2, p. 552; am. 1989, ch. 88, sec. 2, p. 154; am. 1989, ch. 310, sec. 1, p. 770; am. 1990, ch. 45, sec. 2, p. 72; am. 1996, ch. 370, sec. 1, p. 1245; am. 1998, ch. 110, sec. 5, p. 381; am. 1999, ch. 81, sec. 2, p. 239; am. 1999, ch 383, sec. 3, p. 1054; am. 2000, ch. 469, sec. 108, p. 1561; am. 2005, ch. 83, sec. 1, p. 296; am. 2007, ch. 252, sec. 6, p. 743; am. 2008, ch. 330, sec. 1, p. 902; am. 2010, ch. 49, sec. 1, p. 89; am. 2011, ch. 327, sec. 1, p. 952; am. 2015, ch. 54, sec. 1, p. 127; am. 2017, ch. 147, sec. 5, p. 364.]
Idaho Code § 49-633 — Idaho Code / Title 49 / Chapter 6 / Section 49-633
49-633 WHEN PASSING ON THE RIGHT IS PERMITTED.
Status: in_force

49-633. When passing on the right is permitted. (1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(a) When the vehicle overtaken is making or about to make a left turn;

(b) Upon a highway with unobstructed pavement of sufficient width for two (2) or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. That movement shall not be made by driving off the roadway.

History:

[49-633, added 1988, ch. 265, sec. 162, p. 662.]
Idaho Code § 49-1409 — Idaho Code / Title 49 / Chapter 14 / Section 49-1409
49-1409 ISSUANCE OF TRAFFIC CITATION.
Status: in_force

49-1409. Issuance of traffic citation. Whenever a person is halted by a peace officer for a misdemeanor traffic violation and is not taken before a magistrate as required or permitted by this title, the officer shall issue a citation as provided by section 19-3901, Idaho Code, and by rule of the supreme court.

History:

[49-1409, added 1988, ch. 265, sec. 345, p. 747.]
Idaho Code § 49-1634 — Idaho Code / Title 49 / Chapter 16 / Section 49-1634
49-1634 DEALER SALES — MINIMUM SALES REQUIRED FOR LICENSE RENEWAL.
Status: in_force

49-1634. Dealer sales — Minimum sales required for license renewal. (1) A vehicle dealer shall certify upon application for renewal of his dealer's license that during the preceding licensing year he sold at least five (5) vehicles, either at retail or wholesale.

(2) Failure to sell or to verify the sale of a minimum of five (5) vehicles shall be grounds for the department to deny renewal of the dealer's license.

(3) Any vehicle dealer who has had his license denied or has failed to meet the requirement to sell a minimum of five (5) vehicles during the preceding licensing year is entitled to a hearing as provided in section 49-1618, Idaho Code.

History:

[49-1634, added 1991, ch. 272, sec. 17, p. 709; am. 1993, ch. 297, sec. 3, p. 1097.]
Idaho Code § 49-2434 — Idaho Code / Title 49 / Chapter 24 / Section 49-2434
49-2434 INSURANCE AVAILABILITY — RATES — POLICY EXCLUSIONS.
Status: in_force

49-2434. Insurance availability — Rates — Policy exclusions. (1) Insurers shall not increase any premium, cancel any policy, nor refuse to insure a vehicle solely because it is used in a ridesharing arrangement.

(2) Provisions in an insurance policy which deny coverage for any motor vehicle used for commercial purposes or as a public or livery conveyance shall not apply to a vehicle used in a ridesharing arrangement.

History:

[49-2434, added 1988, ch. 265, sec. 491, p. 829.]
Idaho Code § 49-1617B — Idaho Code / Title 49 / Chapter 16 / Section 49-1617B
49-1617B STANDING TO BRING AN ACTION.
Status: in_force

49-1617B. Standing to bring an action. (1) The following entities have standing to seek redress for violations of this chapter or of any other provision of Idaho law relating to or affecting the relationship between a manufacturer or a distributor and a new vehicle dealer:

(a) A new vehicle dealer; and

(b) Any corporation or association that is primarily owned by or composed of new vehicle dealers and that primarily represents the interests of new vehicle dealers if at least one (1) of the corporation or association members would have standing on its own, the interests that the action seeks to protect are germane to the corporation's or association's purpose, and the claim asserted or the relief requested does not require the participation of individual members in the action.

(2) Entities that have standing pursuant to this section may:

(a) File a petition and request the department handle the matter as an administrative proceeding;

(b) File a demand for mediation pursuant to section 49-1617A, Idaho Code; or

(c) Bring a civil action in a court of competent jurisdiction.

(3) An action filed pursuant to this section may seek:

(a) Recovery of actual damages;

(b) Declaratory or injunctive relief; or

(c) Reasonable costs of the suit and attorney's fees to a prevailing party.

History:

[49-1617B, added 2023, ch. 122, sec. 5, p. 355.]
Idaho Code § 49-321 — Idaho Code / Title 49 / Chapter 3 / Section 49-321
49-321 RECORDS TO BE KEPT BY THE DEPARTMENT.
Status: in_force

49-321. Records to be kept by the department. (1) The department shall file every application for a driver's license received by it and shall maintain suitable indices containing:

(a) All applications denied and on each note the reason for denial;

(b) All applications granted;

(c) The name of every licensee whose driver's license has been suspended, revoked, canceled, denied or disqualified by the department and after each name note the reasons for the action;

(d) The driver's license number for the applicant;

(e) The social security number of the applicant; and

(f) Record of the proof relied upon by the department in determining the applicant's status as a United States citizen or non-United States citizen.

(2) The department shall file the original or copy of the medical examiner's certificates, medical exemption letters and skill performance evaluation certificates of all commercial driver's license or instruction permit holders required to provide documentation of their physical qualification. The department shall maintain the document(s) for a period of three (3) years beyond the date the certificate or document was issued.

(3) The department shall also file all accident reports and abstracts of court records of convictions received by it under the law from any jurisdiction and is authorized to forward records of convictions, suspensions or disqualifications to any jurisdiction. Records may be in either paper or electronic form. The department shall maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions and the traffic accidents in which the licensee has been involved shall be readily ascertainable and available for consideration of the department upon any application for renewal of a driver's license and at other suitable times.

(4) The department of health and welfare, on or about the 25th day of each month, shall, upon the request of the department, furnish the department a listing showing the name, age, county of residence, and residence address of each Idaho resident who has died during the preceding month. The listing shall be used only for purposes of updating the driver's license files of the department and shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

(5) The department, upon request by the office of the secretary of state, shall provide the office of the secretary of state with a digital copy of the driver's license or identification card signature of a person who is an applicant for voter registration pursuant to section 34-409, Idaho Code.

History:

[49-321, added 1988, ch. 265, sec. 55, p. 599; am. 1989, ch. 88, sec. 33, p. 181; am. 1990, ch. 45, sec. 23, p. 98; am. 1990, ch. 213, sec. 69, p. 537; am. 1998, ch. 110, sec. 24, p. 407; am. 2000, ch. 52, sec. 2, p. 102; am. 2006, ch. 164, sec. 6, p. 494; am. 2011, ch. 60, sec. 5, p. 133; am. 2015, ch. 141, sec. 127, p. 474; am. 2016, ch. 359, sec. 2, p. 1053; am. 2022, ch. 217, sec. 3, p. 706.]
Idaho Code § 49-222 — Idaho Code / Title 49 / Chapter 2 / Section 49-222
49-222 RIGHTS OF OWNERS OF REAL PROPERTY.
Status: in_force

49-222. Rights of owners of real property. Nothing in this title shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner, and not as a matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in this title, or otherwise regulating such use as may seem best to the owner, except as provided in section 49-213, Idaho Code.

History:

[49-222, added 1988, ch. 265, sec. 18, p. 583.]
Idaho Code § 49-924 — Idaho Code / Title 49 / Chapter 9 / Section 49-924
49-924 SINGLE-BEAM ROAD-LIGHTING EQUIPMENT.
Status: in_force

49-924. Single-beam road-lighting equipment. Head lamps arranged to provide a single distribution of light shall be permitted on motor vehicles manufactured prior to January 1, 1955, in lieu of multiple-beam road-lighting equipment specified in this chapter if the single distribution of light complies with the following requirements and limitations:

(1) The head lamps shall be so aimed that when the vehicle is not loaded, none of the high-intensity portion of the light shall at a distance of twenty-five (25) feet ahead project higher than a level of five (5) inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two (42) inches above the level on which the vehicle stands at a distance of seventy-five (75) feet ahead.

(2) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred (200) feet.

History:

[49-924, added 1988, ch. 265, sec. 250, p. 701.]
Idaho Code § 49-654 — Idaho Code / Title 49 / Chapter 6 / Section 49-654
49-654 BASIC RULE AND MAXIMUM SPEED LIMITS.
Status: in_force

49-654. Basic rule and maximum speed limits. (1) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling on any narrow or winding highway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(2)(a) Where no special hazard or condition exists that requires lower speed for compliance with subsection (1) of this section, the limits as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of the maximum limits:

(i) Thirty-five (35) miles per hour in any residential, business or urban district, unless otherwise posted in accordance with section 49-207(2) or (3), Idaho Code;

(ii) Seventy-five (75) miles per hour on interstate highways, unless otherwise posted in accordance with section 49-201(4), Idaho Code, and provided that this speed may be increased to eighty (80) miles per hour if the department completes an engineering and traffic study on the interstate highway and concludes that the increase is in the public interest and the transportation board concurs with such conclusion;

(iii) Sixty-five (65) miles per hour on state highways, unless otherwise posted in accordance with section 49-201(4), Idaho Code, and provided that this speed may be increased to seventy (70) miles per hour if the department completes an engineering and traffic study on the state highway and concludes that the increase is in the public interest and the transportation board concurs with such conclusion;

(iv) Fifty-five (55) miles per hour in other locations, unless otherwise posted, up to a maximum of seventy (70) miles per hour.

(b) Subject to all other applicable motor vehicle laws, a driver of a passenger car, motorcycle or pickup truck, not towing any other vehicle, may exceed the posted speed limit by up to fifteen (15) miles per hour while passing another vehicle traveling at less than the posted speed limit, in order to safely pass the vehicle. The overtaking vehicle shall return to the right-hand lane and reduce speed to the posted speed limit as soon as practicable. This paragraph shall be applicable only to:

(i) Passing on the left on roadways divided into two (2) lanes providing only one (1) lane of traffic in each direction and where the posted speed limit is fifty-five (55) miles per hour or greater; or

(ii) Passing one (1) or more vehicles traveling in the same direction while in a passing lane. For the purposes of this subparagraph, "passing lane" means an extra roadway lane created by widening a length of roadway to allow faster-moving vehicles to overtake slower-moving vehicles traveling in the same direction without crossing into an opposing travel lane. This subparagraph shall not apply to a vehicle that passes on the right within a passing lane area or to a vehicle that overtakes another vehicle by moving into an opposing traffic lane. This subparagraph shall not apply to roadways with a posted speed limit below fifty-five (55) miles per hour or to any portion of a roadway that is within an incorporated city.

(iii) This paragraph shall not be applicable in construction zones. For purposes of basic rule violations and penalties imposed pursuant to this section and Idaho infraction rule 9, the fifteen (15) mile per hour allowance in passing situations provided in this paragraph shall be deemed to be the maximum speed limit from which fines are determined.

(3) For vehicles with five (5) or more axles operating at a gross weight of more than twenty-six thousand (26,000) pounds, the maximum lawful speed limits on interstate highways, in nonurban areas, in urban areas, on state highways, or in other locations shall be the same as for vehicles with less than five (5) axles and operating at a gross weight of twenty-six thousand (26,000) pounds or less.

History:

[49-654, added 1988, ch. 265, sec. 179, p. 668; am. 1989, ch. 89, sec. 1, p. 210; am. 1991, ch. 100, sec. 3, p. 223; am. 1996, ch. 270, sec. 4, p. 878; am. 1997, ch. 155, sec. 6, p. 450; am. 1997, ch. 377, sec. 1, p. 1207; am. 1998, ch. 158, sec. 1, p. 534; am. 2012, ch. 325, sec. 6, p. 905; am. 2014, ch. 126, sec. 1, p. 357; am. 2015, ch. 24, sec. 1, p. 29; am. 2017, ch. 83, sec. 1, p. 227; am. 2025, ch. 78, sec. 1, p. 355; am. 2026, ch. 108, sec. 1, p. 555.]
Idaho Code § 49-1620 — Idaho Code / Title 49 / Chapter 16 / Section 49-1620
49-1620 REPORT OF FINDINGS.
Status: in_force

49-1620. Report of findings. The director shall state in writing his decision after the hearing. If the director determines that an applicant is not qualified to receive a license, no license shall be granted, and if the director determines that a license holder has violated any of the provisions of this chapter or of a rule or regulation promulgated by the department, the director may suspend the license on terms and conditions and for a period of time as to the director appears fair, reasonable and just, or the director may revoke the license.

History:

[49-1620, added 1988, ch. 265, sec. 393, p. 782.]
Idaho Code § 49-2421 — Idaho Code / Title 49 / Chapter 24 / Section 49-2421
49-2421 SERVICE OF PROCESS ON RESIDENT AND NONRESIDENT MOTOR VEHICLE OPERATORS.
Status: in_force

49-2421. Service of process on resident and nonresident motor vehicle operators. The operation by any person, either as principal, master, agent, servant or otherwise, of any motor vehicle, whether registered or unregistered, and with or without a license to operate, on any highway in this state, shall be deemed equivalent to an appointment by that person of the secretary of state to be his true and lawful attorney, upon whom may be served all lawful summons and processes in any action or proceeding against him, growing out of any accident or collision in which he, either as principal, master, agent, servant, or otherwise, may be involved while operating, causing or permitting the operation of a motor vehicle upon a highway. The operation shall be signification of an agreement by the person that any summons or process against him which is so served shall be of the same legal force and validity as if served on him personally within Idaho. Service of the processes shall be made by leaving a copy of the process, with a fee of five dollars ($5.00), in the hands of the secretary of state or in his office. The service shall be a sufficient and valid personal service upon that person; provided, notice of the service and a copy of the process is sent by registered mail by the plaintiff to the defendant, and the defendant's return receipt and plaintiff's affidavit of compliance are appended to the process and entered as a part of the return. Personal service outside of the state in accordance with the provisions of the laws of Idaho relating to personal service of summons outside of the state shall relieve a plaintiff from mailing copies of the summons or process by registered mail as provided in this section. Service of the process upon a defendant shall not be complete until it is either made by registered mail or by personal service outside of the state. The court in which the action is brought may order continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.

History:

[49-2421, added 1988, ch. 265, sec. 483, p. 826.]
Idaho Code § 49-408 — Idaho Code / Title 49 / Chapter 4 / Section 49-408
49-408 STREET ROD.
Status: in_force

49-408. Street rod. (1) Any motor vehicle manufactured prior to the year 1949, or designed and manufactured to resemble such a vehicle and which has been certified as a street rod may be registered as a street rod under the provisions of this section. However, the provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.

(2) Any street rod shall have all equipment in operating condition which was specifically required by law as a condition for its first sale after manufacture. No law requiring any particular equipment or specifying any standards to be met by motor vehicles shall apply to street rods unless it so specifically states.

(3) Upon receipt of an application on a form prescribed by the department for a special street rod automobile plate, accompanied by other documentation required in this section, the department shall issue to the applicant a special street rod automobile plate which shall be displayed on the rear of the vehicle. The registration certificate need not specify the weight of the street rod, and the plate issued shall bear no date but shall bear the inscription "Street Rod," "Idaho," a picture of a 1929 highway roadster, and the registration number issued for the street rod, and the 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 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 plate and transfer it to another qualifying street rod.

(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:

[49-408, added 1988, ch. 265, sec. 77, p. 612; am. 1990, ch. 176, sec. 2, p. 375; am. 1992, ch. 261, sec. 11, p. 765; am. 1997, ch. 129, sec. 6, p. 389; am. 1998, ch. 113, sec. 5, p. 420; am. 1999, ch. 316, sec. 5, p. 794; am. 2000, ch. 87, sec. 9, p. 196; am. 2001, ch. 73, sec. 3, p. 156.]
Idaho Code § 49-657 — Idaho Code / Title 49 / Chapter 6 / Section 49-657
49-657 WORK ZONE SPEED LIMITS — PENALTY.
Status: in_force

49-657. Work zone speed limits — Penalty. (1) No person shall operate a vehicle in excess of the posted maximum speed limit established for a highway work zone when the work zone is designated by appropriately placed signs indicating: the work zone; the reduced speed limit; and notice of an enhanced penalty for exceeding the reduced speed limit.

(2) Violation of the provisions of this section shall be an infraction punishable by a fixed penalty of fifty dollars ($50.00).

History:

[49-657, added 1996, ch. 370, sec. 2, p. 1246; am. 2005, ch. 83, sec. 3, p. 298.]
Idaho Code § 49-952 — Idaho Code / Title 49 / Chapter 9 / Section 49-952
49-952 CERTAIN VEHICLES TO CARRY FLARES OR OTHER WARNING DEVICES.
Status: in_force

49-952. Certain vehicles to carry flares or other warning devices. (1) No person shall operate any truck, bus, or truck tractor upon any highway outside the corporate limits of municipalities at any time specified in section 49-903, Idaho Code, unless there shall be carried in the vehicle the following equipment, except as provided in subsection (2):

(a) At least three (3) flares, or three (3) red electric lanterns, or three (3) portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred (600) feet under normal atmospheric conditions at nighttime.

(b) At least two (2) red-cloth flags, not less than twelve (12) inches square, with standards to support the flags.

(c) No flare, fusee, electric lantern or cloth warning flag shall be used for the purpose of compliance with the requirements of this section unless the equipment is of a type which has been submitted to the board and approved by it. No portable reflector unit shall be used for the purpose of compliance with the requirements of this section unless it is designed and constructed to include two (2) reflecting elements one above the other, each of which shall be capable of reflecting red light clearly visible from all distances within six hundred (600) feet to one hundred (100) feet under normal atmospheric conditions at night when directly in front of lawful upper beams of head lamps, and unless it is of a type which has been submitted to the board and approved by it.

(2) No person shall operate at the time and under conditions stated in subsection (1) any motor vehicle used in the transportation of explosives, any cargo tank truck used for the transportation of flammable liquids or compressed gases, or any motor vehicle using a compressed gas as a fuel unless there shall be carried in the vehicle three (3) red electric lanterns or three (3) portable red emergency reflectors meeting the requirements of subsection (1) of this section, and there shall not be carried in any compressed gas propelled vehicle any flares, fusees, or signal produced by flame.

History:

[49-952, added 1988, ch. 265, sec. 266, p. 710.]
Idaho Code § 49-512 — Idaho Code / Title 49 / Chapter 5 / Section 49-512
49-512 SECURITY INTERESTS — METHOD OF GIVING CONSTRUCTIVE NOTICE EXCLUSIVE.
Status: in_force

49-512. Security interests — Method of giving constructive notice exclusive. The method provided in this chapter for perfection of a security interest on a vehicle is exclusive, except as to security interests in vehicles held in inventory for sale, which shall be governed by the provisions of chapter 9, title 28, Idaho Code.

History:

[49-512, added 1988, ch. 265, sec. 127, p. 648.]
Idaho Code § 49-606 — Idaho Code / Title 49 / Chapter 6 / Section 49-606
49-606 COASTING PROHIBITED.
Status: in_force

49-606. Coasting prohibited. The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gear or transmission in neutral nor with the clutch disengaged.

History:

[49-606, added 1988, ch. 265, sec. 145, p. 657.]
Idaho Code § 49-501A — Idaho Code / Title 49 / Chapter 5 / Section 49-501A
49-501A APPLICATION TO VESSEL TITLING.
Status: in_force

49-501A. Application to vessel titling. The procedures provided in this chapter shall apply to all vessel titling programs referenced in chapter 70, title 67, Idaho Code. Unless otherwise provided, any reference to "vehicle" in this chapter shall also mean "vessel."

History:

[49-501A, added 1999, ch. 298, sec. 2, p. 750; am. 2001, ch. 73, sec. 13, p. 167.]
Idaho Code § 49-1405 — Idaho Code / Title 49 / Chapter 14 / Section 49-1405
49-1405 ARRESTS FOR SERIOUS OFFENSES.
Status: in_force

49-1405. Arrests for serious offenses. (1) The authority to make an arrest is the same as upon an arrest for a felony when any person is charged with any of the following offenses:

(a) Negligent homicide.

(b) Driving, or being in actual physical control, of a vehicle or operating a vessel while under the influence of alcohol or other intoxicating beverage.

(c) Driving a vehicle or operating a vessel while under the influence of any narcotic drug, or driving a vehicle or operating a vessel while under the influence of any other drug to a degree which renders the person incapable of safely driving a vehicle.

(d) Failure to stop, or failure to give information, or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries.

(e) Failure to stop, or failure to give information, in the event of an accident resulting in damage to a vehicle or vessel or to fixtures or other property legally upon or adjacent to a highway or waterway.

(f) Reckless driving.

(g) Fleeing or attempting to elude a peace officer.

(2) Whenever any person is arrested as authorized in this section, he shall be taken without unnecessary delay before the proper magistrate as provided by law, except that in the case of either of the offenses designated in paragraphs (1)(e), (f) and (g) of this section, a peace officer shall have the same discretion as is provided by law.

(3) As used in this section, the term "vessel" shall be as defined in section 67-7003, Idaho Code.

History:

[49-1405, added 1988, ch. 265, sec. 341, p. 746; am. 1997, ch. 70, sec. 1, p. 146; am. 2001, ch. 113, sec. 1, p. 404.]
Idaho Code § 49-919 — Idaho Code / Title 49 / Chapter 9 / Section 49-919
49-919 SIGNAL LAMPS AND SIGNAL DEVICES.
Status: in_force

49-919. Signal lamps and signal devices. (1) Any motor vehicle may be equipped and when required under this chapter shall be equipped with stop lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred (100) feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake, and which may but need not, be incorporated with one or more other rear lamps.

(2) Any motor vehicle may be equipped and when required under this chapter shall be equipped with lamps or mechanical signal devices showing to the front and rear for the purposes of indicating an intention to turn either to the right or left. When lamps are used for this purpose, the lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable, and when in use shall display a white or amber light, or any shade of color between white and amber, visible from a distance of not less than one hundred (100) feet to the front in normal sunlight, and the lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable, and when in use shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred (100) feet to the rear in normal sunlight. When actuated the lamps shall indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made. Where mechanical signal devices are used for this purpose, the devices shall be self-illuminated when in use at the times specified in section 49-903, Idaho Code.

(3) No stop lamp or signal lamp or device shall project a glaring light.

History:

[49-919, added 1988, ch. 265, sec. 245, p. 698.]
Idaho Code § 49-507 — Idaho Code / Title 49 / Chapter 5 / Section 49-507
49-507 DEPARTMENTAL REGULATIONS FOR TRANSFER OF VEHICLES — APPOINTMENT OF DEPUTIES AND ASSISTANTS.
Status: in_force

49-507. Departmental regulations for transfer of vehicles — Appointment of deputies and assistants. Procedure for the transfer of vehicles, and the issuance of certificates of title not otherwise expressly provided for by this chapter, may be provided for by regulations issued by the department, and in addition the director shall appoint all necessary personnel to carry out the provisions of this chapter.

History:

[49-507, added 1988, ch. 265, sec. 122, p. 646.]
Idaho Code § 49-121 — Idaho Code / Title 49 / Chapter 1 / Section 49-121
49-121 DEFINITIONS — T.
Status: in_force

49-121. Definitions — T. (1) "Temporary supplemental lot" means a location other than the principal place of business, or supplemental lot within the same or adjacent county as the principal place of business, where a licensed dealer may secure a license to conduct the business and is licensed for a period of time not to exceed ten (10) days for a specific purpose such as auto shows, auctions, shopping center promotions, tent sales, etc. Temporary supplemental lots shall meet all local zoning and building codes for the type of business being conducted. The requirements for a principal place of business shall not be applicable to temporary supplemental lot locations. The adjacent county restriction shall not apply if the dealer holds the franchise for the products to be displayed or sold and has approval from a manufacturer for the location where the proposed temporary supplemental lot license will be issued by the department. Nonfranchised dealers shall be permitted to temporarily display or sell their products within a one hundred seventy-five (175) mile radius of their principal place of business, upon approval by the department.

(2) "Tires" means:

(a) Metal. Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.

(b) Pneumatic. Every tire in which compressed air is designed to support the load.

(c) Snow tire. Every rubber tire with tread design or material embedded in the tire to improve winter traction except studded tires.

(d) Solid rubber. Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.

(e) Studded tire. Every tire with built-in lugs of tungsten carbide or other suitable material designed to contact the road surface for improved winter traction.

(3) "Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel.

(4) "Traffic lane" or "lane of travel" means that portion of the roadway for movement of a single line of vehicles.

(5) "Traffic-control device" means any device, whether manually, electrically or mechanically operated, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

(6) "Trailer" means:

(a) General. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle.

(b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as a travel trailer but constructed with a raised forward section that allows a bi-level floor plan. This style is designed to be towed by a vehicle equipped with a device known as a fifth-wheel hitch, which is typically installed in the bed of a pickup truck.

(c) Fold down camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls, which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters, for recreational, camping or travel use.

(d) Pole trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

(e) Semitrailer. Every vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle.

(f) Travel trailer. A vehicular unit, mounted on wheels designed to provide temporary living quarters for recreational, camping, travel or emergency use and of such size or weight as not to require special highway movement permits when towed by a motorized vehicle.

(g) Utility trailer. (See "Utility trailer," section 49-122, Idaho Code)

(7) "Transitional ownership document" means a document used to perfect a lien against creditors or subsequent purchasers when the primary ownership document is not available and the selling dealer, new security interest holder or their agent, to the best of their knowledge, will not have possession of the primary ownership document, within thirty (30) days of the sale, or if no sale is involved, the date the contract or security agreement being perfected was signed, and contains all of the following:

(a) The date of sale or if no sale is involved, the date the contract or security agreement being perfected was signed;

(b) The name and address of each owner of the vehicle;

(c) The name and address of each security interest holder;

(d) If there are multiple security interest holders, the priorities of interest if the security interest holders do not jointly hold a single security interest;

(e) The vehicle identification number;

(f) The name of the security interest holder or person who submits the transitional ownership document for the security interest holder; and

(g) Any other information the department may require for its records.

(8) "Transportation," for the purposes of chapter 22, title 49, Idaho Code, means the movement of any regulated quantity of hazardous material or hazardous waste within, through, or to any destination in this state upon the highways of this state.

(9) "Transporter" means every person engaged in the business of delivering vehicles of a type required to be registered from a manufacturing, assembling or distributing plant to dealers or sales agents of a manufacturer, except in chapter 22, title 49, Idaho Code, where it means any person who transports a hazardous material or hazardous waste within, through, or to any destination upon the highways of this state.

(10) "Truck" means:

(a) Refuse/sanitation. Any vehicle designed and used solely for the purpose of transporting refuse.

(b) General. Every motor vehicle exceeding eight thousand (8,000) pounds gross weight designed, used or maintained primarily for the transportation of property.

(c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross weight or less which is designed, used or maintained primarily for the transportation of property.

(d) Truck camper. A portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor, and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and containing at least one (1) of the following facilities: stove; refrigerator or icebox; self-contained toilet; heater or air conditioner; potable water supply including a faucet and sink; separate 110-125 volt electrical power supply; or LP-gas supply. Truck campers originally constructed with an overall length of six (6) feet or longer shall be titled as provided in chapter 5 of this title 49. A truck camper does not include pickup hoods, shells or canopies.

(e) Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles but not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(11) "True mileage driven" means the mileage of the vehicle as registered by the odometer within the manufacturer's designed tolerance.

History:

[49-121, added 1988, ch. 265, sec. 2, p. 566; am. 1989, ch. 408, sec. 2, p. 997; am. 1992, ch. 35, sec. 4, p. 105; am. 1992, ch. 232, sec. 2, p. 693; am. 1993, ch. 334, sec. 2, p. 1236; am. 1994, ch. 321, sec. 3, p. 1028; am. 1998, ch. 392, sec. 5, p. 1204; am. 2000, ch. 31, sec. 1, p. 57; am. 2000, ch. 320, sec. 2, p. 1080; am. 2007, ch. 66, sec. 1, p. 167; am. 2008, ch. 106, sec. 2, p. 297; am. 2014, ch. 38, sec. 2, p. 68; am. 2017, ch. 134, sec. 6, p. 317.]
Idaho Code § 49-404A — Idaho Code / Title 49 / Chapter 4 / Section 49-404A
49-404A MEMBERS OF THE ARMED FORCES RESERVE — SPECIAL PLATES.
Status: in_force

49-404A. Members of the armed forces reserve — Special plates. (1) Any active member of the armed forces reserves of the United States who is the owner of a vehicle registered under section 49-402(1) or section 49-434(1), Idaho Code, may, upon application to the department, register not more than two (2) motor vehicles and receive for each vehicle special license plates in lieu of regular numbered plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The special license plates shall be designated by the department with the word "RESERVIST" centered along the bottom edge and be numbered in sets of two (2) with a different number following appropriate letters as follows: United States Army Reserve: Army (number); United States Navy Reserve: Navy (number); United States Marine Corps Reserve: USMC (number); United States Air Force Reserve: USAF (number); and United States Coast Guard Reserve: USCG (number). Proof of being an active member in the United States armed forces reserves must be furnished to the department before special plates will be issued. Special license plates issued under this section shall be issued under the staggered registration process provided for in section 49-402(1), Idaho Code, or the annual registration in section 49-434(1), Idaho Code.

(2) Any branch of the armed forces reserves of the United States shall, prior to an individual's discharge from duty in that branch of the armed forces reserve, require that the special armed forces reserve license plates either be turned back to the department or exchanged for other proper license plates as a condition of discharge.

(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 and the annual program fee specified in section 49-402, Idaho Code. The initial program fee and the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program which is provided to the public as a personal alternative to the standard license plate requirement. When a plate holder transfers or assigns his title or interest in the vehicle registered under this section, the registration shall expire, but the special plates may be transferred to another vehicle upon payment of the required transfer fee. Special plates shall only be displayed after receipt of the new registration.

(4) The design and numbering scheme of the military reservist special plate shall be coordinated by the department with representatives of the armed forces reserves. However, the department shall have the final approval of the plate design and numbering scheme to ensure conformity within existing issues of plates and to contain costs within the limit of the fees received from applicants.

History:

[49-404A, added 1991, ch. 113, sec. 1, p. 240; am. 1992, ch. 261, sec. 6, p. 762; am. 1997, ch. 129, sec. 2, p. 385; am. 1998, ch. 113, sec. 2, p. 418; am. 1999, ch. 316, sec. 3, p. 793; am. 2000, ch. 87, sec. 6, p. 194.]
Idaho Code § 49-1630 — Idaho Code / Title 49 / Chapter 16 / Section 49-1630
49-1630 PURCHASER PLAINTIFF TO RECOVER COSTS AND ATTORNEY'S FEES.
Status: in_force

49-1630. Purchaser plaintiff to recover costs and attorney's fees. In any suit brought by the purchaser of a vehicle against the seller of that vehicle, the purchaser shall be entitled to recover his court costs and a reasonable attorney's fee fixed by the court, if:

(1) The suit or claim is based substantially upon the purchaser's allegation that the odometer on the vehicle has been tampered with or replaced contrary to this chapter; and

(2) It is found in the suit that the seller of the vehicle or any of his employees or agents knew or had reason to know that the odometer on the vehicle had been tampered with or replaced, and failed to disclose that knowledge to the purchaser prior to the time of sale.

History:

[49-1630, added 1988, ch. 265, sec. 403, p. 787.]
Idaho Code § 49-807 — Idaho Code / Title 49 / Chapter 8 / Section 49-807
49-807 STOP SIGNS AND YIELD SIGNS.
Status: in_force

49-807. Stop signs and yield signs. (1) Preferential right-of-way may be indicated by stop signs or yield signs as authorized in section 49-212, Idaho Code.

(2) Except when directed to proceed by a peace officer or traffic-control signal, every driver of a vehicle approaching a stop sign shall stop:

(a) at a clearly marked stop line, or

(b) before entering the crosswalk on the near side of the intersection, or

(c) at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering it.

After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of highways.

(3) The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, or before entering the crosswalk on the near side of the intersection, or at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of highways. Provided, however, that if a driver is involved in a collision with a vehicle in the intersection or junction of highways, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield right-of-way.

History:

[49-807, added 1988, ch. 265, sec. 221, p. 685.]
Idaho Code § 49-658 — Idaho Code / Title 49 / Chapter 6 / Section 49-658
49-658 SCHOOL ZONE SPEED LIMIT — PENALTY.
Status: in_force

49-658. School zone speed limit — Penalty. (1) No person shall operate a vehicle in excess of the posted maximum speed limit established for a posted school zone. If a posted school zone speed limit sign includes the words "when children are present," the term shall mean one (1) or more children. The definition applies to children present on the same side of the street as the school building or across the street from the school building in any direction within the marked school zone.

(2) Violation of the provisions of this section shall be an infraction punishable by a minimum penalty of not less than seventy-five dollars ($75.00).

History:

[49-658, added 2008, ch. 372, sec. 1, p. 1017.]
Idaho Code § 49-1010 — Idaho Code / Title 49 / Chapter 10 / Section 49-1010
49-1010 SIZE OF VEHICLES AND LOADS.
Status: in_force

49-1010. Size of vehicles and loads. No vehicle shall exceed the dimensions specified below, except that certain devices determined by the board as necessary for the safe and efficient operation of motor vehicles, including energy conservation devices, shall be excluded from the calculation of width or length.

(1) The width of a vehicle, including any load thereon, except as noted below, shall not exceed

(a) The limitations as to size of vehicles stated in this section shall not apply to farm tractors or to implements of husbandry, including any load thereon, or any trailer not wider than the implement of husbandry used in the transportation of implements of husbandry for agricultural operations, and including all equipment used in land leveling operations, when being incidentally operated upon the highway from one farm operation to another during daylight hours.

(b) The limitations as to size of vehicles shall not apply to farmers or their designated agents, or equipment dealers transporting implements of husbandry and equipment listed in paragraph (a) of this subsection for the purpose of:

(i) The repair or maintenance of such implements of husbandry and equipment when traveling to or from a farm to a repair or maintenance facility during daylight hours; or

(ii) The purchase, sale, lease or rental of such implements of husbandry and equipment when traveling to or from a farm to a dealership, auction house or other facility during daylight hours.

(c) Notwithstanding the exemption from width limitation for farm tractors included in paragraph (a) of this subsection, the total outside width of any farm tractor being transported on the interstate system in this state, except as permitted by section 49-1004 , Idaho Code, shall not exceed

(d) A farm tractor or implement of husbandry, when being incidentally transported upon the highway with a width in excess of the limits of paragraphs (a) and (c) of this subsection, must display one (1) red or fluorescent orange flag a minimum of eighteen (18) by eighteen (18) inches on the outermost left projection of the tractor or implement being transported.

(2) The height of a vehicle, including the load thereon, shall not exceed

(3) The length of a vehicle, or vehicle combination, except as noted below shall not exceed:

(a) When a single motor vehicle

(b) When a trailer or semitrailer, except as noted in this subsection

1. Semitrailers operating on routes determined by the board to have severe curvature, deficient width and/or heavy traffic conditions shall be limited to an overall combination length not to exceed

2. The length of a trailer tongue, or the length of the tongue of a converter gear used to convert a semitrailer to a trailer, shall be excluded from the calculation of a trailer length.

3. Semitrailers operating on routes which are a part of the national network as set forth in 23 CFR 658, on routes providing access between the national network and terminals and facilities for food, fuel, repairs and rest which are located within one (1) road mile of the national network and state highways as set forth by policy and approved by the transportation board, shall not exceed a length of

(c) When a motor vehicle and one (1) or more trailers, except as noted in subsection (3)(b), (3)(d) and (3)(e) of this section

(d) When a combination of semitrailer and trailer, or of two (2) semitrailers the length in such combination, including the connecting tongue and excluding the truck tractor except as noted in this subsection

When the combination of semitrailer and trailer or of two (2) semitrailers including the connecting tongues exceeds sixty-one (61) feet, the length of such combination including the truck tractor

(e) When a combination of a semitrailer and trailer, or of two (2) semitrailers operating on routes on the national network as set forth in 23 CFR 658 and on routes providing access between the national network and terminals and facilities for food, fuel, repairs and rest which are located within one (1) road mile of the national network, the length, including the connecting tongue and excluding the truck tractor, shall not exceed

(f) When a dromedary tractor with semitrailer, stinger-steered by having the kingpin located five (5) feet to the rear of the centroid of the rear axle(s)

(g) When a dromedary combination transporting class 1 explosive materials and/or any munitions-related security material as specified by the U.S. department of defense in compliance with 49 CFR 177.835, not meeting the stinger-steer requirement as defined in subsection (3)(f) of this section, up to

(h) When a dromedary tractor with semitrailer, not meeting the stinger-steer requirement as defined in paragraph (f) of this subsection

(i) When a boat transporter, stinger-steered as defined in subsection (3)(f) of this section, excluding front and rear overhang of load

(j) When an auto transporter, stinger-steered as defined in subsection (3)(f) of this section, excluding front and rear overhang of load

.

(k) When an auto transporter or boat transporter, not meeting the stinger-steer requirement as defined in paragraph (f) of this subsection, excluding front and rear overhang of load

(l) When a truck tractor with stinger-steered pole trailer or log dolly, connected by a reach or pole, or a combination used for transporting long loads such as poles, pipes, logs or structural members generally capable of sustaining themselves as beams between supporting bunks or connections

(4) The overhang or extension of a load shall not extend:

(a) Beyond the front of a vehicle, more than

(b) Beyond the end of a vehicle, more than

(c) Beyond the left fender of a passenger vehicle, more than

(d) Beyond the right fender of a passenger vehicle, more than

.

(e) To the front of a boat transporter, more than

(f) To the rear of a boat transporter, more than

(g) To the front of an auto transporter, more than

(h) To the rear of an auto transporter, more than

(5) Noncargo-carrying devices necessary for the safe and efficient operation of the vehicle, as determined by the board, shall not be included in measurement for length.

(6) No combination shall include more than three (3) units except when a saddlemount combination and the overall length allowed is:

(a) On the national network

(b) Other than the national network

(7) Vehicle combinations consisting of not more than four (4) vehicle units with an overall length in excess of the limits of subsection (3) of this section and with an overall combination length not to exceed one hundred fifteen (115) feet, may be operated by permit on routes designated for such operations by the public highway agency having jurisdiction over that highway system, subject to the following restrictions as to lengths of cargo-carrying units:

(a) Truck tractor and two (2) trailing units

(b) Truck tractor and three (3) trailing units

(c) Truck and two (2) trailing units

History:

[49-1010, added 1988, ch. 265, sec. 281, p. 721; am. 1989, ch. 310, sec. 24, p. 797; am. 1989, ch. 408, sec. 3, p. 999; am. 1992, ch. 230, sec. 1, p. 687; am. 1992, ch. 231, sec. 1, p. 689; am. 1992, ch. 232, sec. 3, p. 695; am. 1993, ch. 123, sec. 1, p. 313; am. 1993, ch. 334, sec. 4, p. 1242; am. 1995, ch. 72, sec. 2, p. 190; am. 2000, ch. 101, sec. 2, p. 223; am. 2000, ch. 253, sec. 1, p. 718; am. 2003, ch. 52, sec. 1, p. 191; am. 2003, ch. 239, sec. 1, p. 617; am. 2005, ch. 85, sec. 1, p. 301; am. 2007, ch. 20, sec. 2, p. 31; am. 2011, ch. 328, sec. 1, p. 962; am. 2016, ch. 58, sec. 1, p. 179; am. 2017, ch. 111, sec. 2, p. 261; am. 2019, ch. 94, sec. 2, p. 339.]
Idaho Code § 49-627 — Idaho Code / Title 49 / Chapter 6 / Section 49-627
49-627 CROSSING FIRE HOSE.
Status: in_force

49-627. Crossing fire hose. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, road or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command.

History:

[49-627, added 1988, ch. 265, sec. 158, p. 660.]
Idaho Code § 49-676 — Idaho Code / Title 49 / Chapter 6 / Section 49-676
49-676 DYED FUEL — INSPECTION.
Status: in_force

49-676. dyed fuel — inspection. (1) The provisions of this section shall be carried out through the use of existing state law enforcement and Idaho transportation department resources.

(2) When stopped at a fixed or portable check station or when otherwise lawfully stopped as described in this section, any commercial diesel-powered motor vehicle that is within either of the definitions provided in section 49-123(2)(d) or (2)(e), Idaho Code, and that has a gross vehicle weight in excess of twenty-six thousand (26,000) pounds may be subject to visual inspection for dyed fuel in the diesel fuel tanks mounted to such vehicle when the operator is requested to submit to such inspection:

(a) By any Idaho state police officer, when so requested as a secondary action when the operator of the motor vehicle has been detained for a suspected violation of another law;

(b) By any Idaho state police officer at a fixed or portable check station established by the Idaho transportation department pursuant to the provisions of section 40-510, Idaho Code; or

(c) By an authorized employee of the Idaho transportation department on duty at a fixed or portable check station established by the Idaho transportation department pursuant to the provisions of section 40-510, Idaho Code.

(3) Neither the Idaho state police nor the Idaho transportation department shall set up random inspection stations for the purpose of testing for dyed diesel.

(4) No state agency shall report any violation of section 63-2425, Idaho Code, to any agency of the federal government.

(5) Inspection authority as provided in subsection (2) of this section shall be limited solely to the motor vehicle inspected and shall not serve as reasonable suspicion for any state agency to thereafter inspect other motor vehicles, facilities, or property of the motor vehicle's owner beyond the scope of subsection (2) of this section. Inspection authority shall not apply to portable fuel tanks or slip tanks that may be in the motor vehicle being inspected or to any bulk storage tanks.

(6) If dyed fuel is discovered pursuant to an inspection authorized by this section, a citation shall be issued to the operator of the vehicle. The applicable penalty shall be as provided for in section 63-2460(2), Idaho Code, except that the penalty for a refusal of inspection shall be one thousand dollars ($1,000). No additional fines or penalties shall be imposed. The operator of the vehicle shall be responsible for any penalty pursuant to this section. All penalties collected shall be remitted to the state treasurer and placed in the highway distribution account.

(7) The provisions of this section shall not apply in the event of a disaster or emergency declared by the governor under chapter 10, title 46, Idaho Code, or by the president of the United States under the provisions of the disaster relief act of 1974, 42 U.S.C. 5121 et seq., if the use of dyed fuel is necessary to assist with such disaster or emergency.

(8) For purposes of this section, "dyed fuel" means diesel fuel that has been dyed or marked at a refinery or terminal under the provisions of 26 U.S.C. 4082 and regulations adopted thereunder or under the clean air act and regulations adopted thereunder on which the tax under section 63-2402, Idaho Code, has not been paid.

(9) For purposes of this section, "highways" shall have the same meaning as provided in section 63-2401, Idaho Code.

(10) By January 1, 2021, the Idaho transportation department and the Idaho state police shall enter into one (1) or more joint exercise of powers agreements pursuant to sections 67-2328 through 67-2333, Idaho Code, as necessary to implement the provisions of this section.

(11) Prior to conducting any inspections under the authority of this section, the Idaho state police and the Idaho transportation department, in collaboration with private groups, trade associations, and other dyed fuel user groups, shall provide outreach and education on the use of dyed fuels in Idaho for a period of six (6) months from the effective date of this section.

(12) The provisions of this section and associated funding shall be evaluated by the legislature following a period of five (5) years after the effective date of this section.

History:

[49-676, added 2020, ch. 327, sec. 2, p. 943.]
Idaho Code § 49-527 — Idaho Code / Title 49 / Chapter 5 / Section 49-527
49-527 PURPOSE OF TRANSITIONAL OWNERSHIP DOCUMENT.
Status: in_force

49-527. Purpose of transitional ownership document. The purpose of a transitional ownership document is to enable security interest to be perfected in a timely manner when the primary ownership document is not available. The transitional ownership document serves to perfect a lien against creditors or subsequent purchasers.

(1) To perfect a security interest the transitional ownership document must be received by the department or agent within thirty (30) days of the date of sale. To determine the thirty (30) days, exclude the first day (i.e., date of sale) and count each calendar day thereafter. If the thirtieth day falls on a weekend or holiday it is not counted; the last date the transitional ownership document will be accepted is the following business day of the department or agent.

(2) The lien will be perfected as of the date and time of filing consistent with section 49-510, Idaho Code.

(3) The transitional ownership document is not intended to supersede the requirements of section 49-504, Idaho Code, but rather to provide an alternative method of lien perfection.

(4) Once a transitional ownership document has been filed with the department or agent, the primary ownership document must be received by the department or agent within ninety (90) calendar days from the date of the security agreement or contract. To determine ninety (90) days, exclude the first day (i.e., day of sale) and count each calendar day thereafter. If the ninetieth day falls on a weekend or holiday, the last date the transitional ownership document may be used to determine date of security interest perfection is the following business day of the department or agent.

History:

[49-527, added 2000, ch. 320, sec. 1, p. 1078; am. 2007, ch. 66, sec. 3, p. 170.]
Idaho Code § 49-2443 — Idaho Code / Title 49 / Chapter 24 / Section 49-2443
49-2443 APPLICATION.
Status: in_force

49-2443. Application. Application for an identification card must be made in person before an authorized agent of the department. The authorized agent shall obtain the following from the applicant:

(1) The true and full name and Idaho residence address and mailing address, if different, of the applicant;

(2) The identity and date of birth of the applicant pursuant to section 49-2444(6), Idaho Code, and, subject to subsection (6) of this section, other satisfactory evidence of identity acceptable to the authorized agent or the department;

(3) The height and weight of the applicant;

(4) The color of eyes and hair of the applicant;

(5) The applicant's signature; and

(6) The applicant's social security number as verified by the social security administration.

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

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

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

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

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

History:

[49-2443, added 1988, ch. 265, sec. 498, p. 831; am. 1989, ch. 88, sec. 57, p. 197; am. 1990, ch. 45, sec. 39, p. 108; am. 1992, ch. 115, sec. 36, p. 378; am. 1992, ch. 118, sec. 2, p. 393; am. 1993, ch. 304, sec. 2, p. 1128; am. 1997, ch. 237, sec. 1, p. 688; am. 1998, ch. 110, sec. 31, p. 413; am. 1998, ch. 248, sec. 3, p. 813; am. 1999, ch. 319, sec. 2, p. 814; am. 2008, ch. 63, sec. 4, p. 163; am. 2020, ch. 38, sec. 4, p. 84; am. 2025, ch. 259, sec. 5, p. 1141.]
Idaho Code § 49-1608C — Idaho Code / Title 49 / Chapter 16 / Section 49-1608C
49-1608C CREATION OF BOARD AND FEES.
Status: in_force

49-1608C. creation of board and fees. (1) The Idaho consumer asset recovery fund (ICAR) shall be administered by the Idaho consumer asset recovery control board, hereinafter referred to as the "board." The board shall be comprised of the director of the Idaho transportation department or his designee and the dealer advisory board or their designee(s), as established by section 49-1603, Idaho Code.

(2) In addition to fees authorized pursuant to section 49-1607, Idaho Code, and in addition to any fees authorized elsewhere in this chapter, the Idaho consumer asset recovery control board shall establish a fee to be collected from each applicant for a new or renewing license issued pursuant to this chapter. The fee provided for in this section shall be charged for each applicant for a motor vehicle dealer's license and the amount of such fee shall be set annually by the board. In setting the amount of the fee, the board shall take into consideration the balance of the fund and expenditures of moneys from the fund by all required participants. All fees collected pursuant to the provisions of this section shall be paid into the Idaho consumer asset recovery fund as established in section 49-1608B, Idaho Code. The department shall maintain an accurate record of all transactions involving the fund and report to the board at each meeting.

History:

[49-1608C, added 2013, ch. 136, sec. 3, p. 319.]
Idaho Code § 49-1616 — Idaho Code / Title 49 / Chapter 16 / Section 49-1616
49-1616 LIMITATIONS ON ESTABLISHING OR RELOCATING DEALERS.
Status: in_force

49-1616. Limitations on establishing or relocating dealers. (1) In the event that a manufacturer seeks to enter into a franchise establishing an additional dealership or relocating an existing dealership within a radius of ten (10) miles from where the same line is represented, the manufacturer shall in writing, first notify the department and each dealer for the line within the ten (10) mile radius, at least sixty (60) days prior to the addition or relocation, of the intention to establish an additional dealership or to relocate an existing dealership within the ten (10) mile radius.

(2) This section shall not apply to the relocation of an existing dealer within that dealer's relevant market area, provided that the relocation not be at a site within a radius of seven (7) miles of a licensed franchise for the same line make of vehicle, or if the proposed franchise is to be established at or within a radius of two (2) miles of a location at which a former franchise for the same line make of new vehicle had ceased operating within the previous two (2) years. If the seven (7) and two (2) mile exceptions are not applicable, the relocation may still be possible upon notice and resolution of protest under subsections (1) and (3) of this section.

(3) A protest may be filed in accordance with the provisions of section 49-1617, Idaho Code.

History:

[49-1616, added 1988, ch. 265, sec. 389, p. 778; am. 2000, ch. 184, sec. 1, p. 454.]
Idaho Code § 49-3708 — Idaho Code / Title 49 / Chapter 37 / Section 49-3708
49-3708 TNC AND TNC DRIVER INSURANCE REQUIREMENTS.
Status: in_force

49-3708. TNC and TNC Driver insurance requirements. TNCs and TNC drivers shall comply with all applicable requirements for insurance imposed by Idaho statutes pertaining to automobile liability insurance in this title and title 41, Idaho Code.

History:

[49-3708, added 2015, ch. 267, sec. 1, p. 1076.]
Idaho Code § 49-1014 — Idaho Code / Title 49 / Chapter 10 / Section 49-1014
49-1014 INDEMNITY AGREEMENT IN MOTOR CARRIER TRANSPORTATION CONTRACTS VOID.
Status: in_force

49-1014. indemnity agreement in motor carrier transportation contracts void. As used in this section:

(1) "Motor carrier transportation contract" means a contract, agreement or understanding covering:

(a) The transportation of property for compensation or hire by the motor carrier;

(b) Entrance on property by the motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or

(c) A service incidental to activity described in this subsection including, but not limited to, storage of property.

(2) "Promisee" means the promisee and any agents, employees, servants or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with the promisee and such motor carrier's agents, employees, servants or independent contractors directly responsible to such motor carrier.

(3) Notwithstanding any other provision of law to the contrary, a provision, clause, covenant or agreement contained in, collateral to or affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.

History:

[49-1014, added 2013, ch. 84, sec. 1, p. 206.]
Idaho Code § 49-302 — Idaho Code / Title 49 / Chapter 3 / Section 49-302
49-302 WHAT PERSONS ARE EXEMPT FROM LICENSE.
Status: in_force

49-302. What persons are exempt from license. The following persons are exempt from licensing if driving privileges are not suspended, canceled, revoked, disqualified, denied or refused:

(1) Any person while driving or operating any farm tractor or implement of husbandry when incidentally operated on a highway.

(2) Farmers are exempt from obtaining a class A, B or C driver's license to operate a commercial motor vehicle that is:

(a) Controlled and operated by a farmer, including operation by employees or family members; and

(b) Used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and

(c) Not used in the operations of a common or contract motor carrier; and

(d) Used within one hundred fifty (150) miles of the person's farm.

(3) Any person is exempt from obtaining a class A, B or C driver's license for the operation of commercial motor vehicles that are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulations.

(4) Any person is exempt from obtaining a class A, B or C license to operate a commercial vehicle that is exclusively used to transport personal possessions or family members for nonbusiness or recreational purposes.

(5) A nonresident who is at least fifteen (15) years of age and who has in his immediate possession a valid driver's license issued to him in his home state or country may operate a motor vehicle in Idaho only as a class D operator with driving privileges restricted to daylight hours only pursuant to section 49-307(10), Idaho Code, and with full privileges at sixteen (16) years of age, and only if Idaho residency is not established.

(6) A nonresident who is at least fifteen (15) years of age and who has in his possession a valid driver's license with a motorcycle endorsement or who has a valid motorcycle driver's license issued to him in his home state or country may operate a motorcycle in Idaho with driving privileges restricted to daylight hours only and with full privileges at sixteen (16) years of age.

(7) A nonresident who has in his immediate possession a valid commercial driver's license issued to him in his home state or country may operate a motor vehicle in Idaho.

(8) A nonresident on active duty in the armed forces of the United States who has a valid driver's license issued by his home jurisdiction and such nonresident's spouse or dependent son or daughter who has a valid driver's license issued by such person's home jurisdiction.

(9) Any active duty military personnel, active duty U.S. coast guard personnel, and members of the reserves and national guard on active duty, including personnel on full-time national guard duty, personnel on part-time training, and national guard military technicians who as civilians are required to wear military uniforms and are subject to the code of military justice, are exempt from obtaining a commercial driver's license to operate military vehicles. This exemption does not apply to U.S. reserve technicians.

(10) Any person with a valid driver's license issued in their name is exempt from the requirement to obtain a motorcycle endorsement on the license when operating a motorcycle on highways or sections of highways designated for unregistered motorcycle use under section 49-426(3), Idaho Code.

(11) Any person under the age of sixteen (16) years when operating an ATV, UTV, specialty off-highway vehicle or motorbike on roads on federal or state land where the road is not part of the highway system of the state of Idaho or local road management authority and is supervised by a licensed adult operator eighteen (18) years of age or older, and the road is open for such use, subject to the following:

(a) Any unlicensed operators under the age of sixteen (16) years on national forest roads must have completed a motorbike or ATV safety course approved by the Idaho department of parks and recreation, and a certificate or other proof of completion of such safety course shall be in the possession of the unlicensed operator of any ATV, UTV, specialty off-highway vehicle or motorbike or shall be present in the vehicle at all times when the vehicle is operated on national forest roads. The certificate or proof of completion shall be provided for inspection to any peace officer upon request. No person shall be convicted of violating the provisions of this subsection if that person produces, at any time prior to conviction, the certificate or proof of completion of the approved safety course where the certificate shows completion of the course prior to the violation. In the event of a violation of the provisions of this subsection, the supervising adult may be charged with an infraction.

(b) For purposes of this subsection, "supervised" means that the supervising adult must be in a position, on another ATV, UTV, specialty off-highway vehicle or motorbike, or if on the ground, within three hundred (300) feet of the unlicensed operator, to provide close support, assistance or direction to the unlicensed operator.

History:

[49-302, added 1988, ch. 265, sec. 36, p. 589; am 1989, ch. 88, sec. 15, p. 171; am. 1990, ch. 45, sec. 15, p. 92; am. 1991, ch. 89, sec. 2, p. 199; am. 1992, ch. 115, sec. 7, p. 358; am. 1994, ch. 234, sec. 4, p. 734; am. 1998, ch. 110, sec. 12, p. 392; am. 2000, ch. 315, sec. 1, p. 1060; am. 2003, ch. 47, sec. 1, p. 176; am. 2008, ch. 194, sec. 2, p. 610; am. 2009, ch. 157, sec. 6, p. 465; am. 2011, ch. 330, sec. 1, p. 966; am. 2023, ch. 17, sec. 1, p. 123; am. 2024, ch. 33, sec. 2, p. 232.]
Idaho Code § 49-1432 — Idaho Code / Title 49 / Chapter 14 / Section 49-1432
49-1432 AUTOMATED LICENSE PLATE READERS — DATA ACCESS AND CONTROL.
Status: in_force

49-1432. automated license plate readers — data access and control. (1) For the purposes of this section:

(a) "Agency" means the state of Idaho, any political subdivision of the state of Idaho, or any agency thereof.

(b) "Automated license plate reader" means a device that passively records license plates of vehicles on a roadway or any similar device.

(c) "Traffic flow analysis" means the study and real-time use of data regarding vehicles moving through a transportation network in order to improve traffic flow, reduce congestion, and increase safety.

(2) An agency may use an automated license plate reader and its data for law enforcement purposes, traffic flow analysis purposes, or both. An agency that uses an automated license plate reader for law enforcement purposes shall do so pursuant to the following requirements:

(a) The device and its data shall not be used for any purpose other than the investigation of felony or misdemeanor crimes or traffic accidents or to search for missing or endangered persons; and

(b) The device and its data shall not be used to enforce traffic infractions other than those associated with a traffic accident.

(3) Access to automated license plate reader data shall be limited to an agency's authorized personnel. Agencies shall implement access controls to ensure that only individuals with appropriate clearance are able to retrieve automated license plate reader data.

(4) Except as expressly allowed pursuant to this section, automated license plate reader data shall not be used for any non-law enforcement purpose, including but not limited to personal use, political activity, or surveillance unrelated to the purposes described in subsection (2)(a) of this section.

(5) A person who misuses automated license plate reader data pursuant to subsection (4) of this section shall be subject to discipline, administrative penalties, and criminal prosecution, if applicable.

(6) Each agency that uses automated license plate readers shall conduct mandatory training for all authorized users regarding data privacy, legal compliance, and ethical use of automated license plate reader systems.

(7) All access to and queries of automated license plate reader data shall be logged in a secure audit system to include user identity, date, time, and the purpose of access.

(8) Agencies shall conduct semiannual audits of automated license plate reader data access logs to detect and address any unauthorized or suspicious activity.

History:

[49-1432, added 2025, ch. 316, sec. 1, p. 1320.]
Idaho Code § 49-603 — Idaho Code / Title 49 / Chapter 6 / Section 49-603
49-603 STARTING PARKED VEHICLE.
Status: in_force

49-603. Starting parked vehicle. No person shall start movement of a vehicle which is stopped, standing or parked unless movement can be made with reasonable safety.

History:

[49-603, added 1988, ch. 265, sec. 142, p. 656.]
Idaho Code § 49-420C — Idaho Code / Title 49 / Chapter 4 / Section 49-420C
49-420C PEACE OFFICER MEMORIAL PLATES.
Status: in_force

49-420C. Peace officer memorial plates. (1) On and after January 1, 2003, 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 peace officer memorial 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 peace officer memorial license plates for other vehicles shall be subject to the rules, policies and procedures of the department.

(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the Idaho peace officers memorial fund in the Idaho community foundation, and shall be used exclusively for the Idaho law enforcement memorial and families of peace officers killed in the line of duty.

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

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

(5) Sample peace officer memorial 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 peace officers memorial fund in the Idaho community foundation. No additional fee shall be charged for personalizing sample plates.

History:

[49-420C, added 2002, ch. 285, sec. 3, p. 832.]
Idaho Code § 49-511 — Idaho Code / Title 49 / Chapter 5 / Section 49-511
49-511 CANCELLATION OR DISCHARGE OF LIEN OR ENCUMBRANCE.
Status: in_force

49-511. Cancellation or discharge of lien or encumbrance. (1) When a lien or encumbrance is canceled or discharged, the lienholder shall provide notice of such cancellation or discharge to the department within thirty (30) days. If the lienholder was holding the paper certificate of title, he shall note the cancellation or discharge on the certificate of title in the space provided, over his signature, or by some other legal document, discharging the encumbrance, and shall deliver the paper certificate of title to the owner within thirty (30) days of receipt of payoff of the encumbrance. If the lienholder was holding an electronic title, he shall send the department an electronic transaction that directs the department to provide a paper title to the owner free of the lienholder's lien within thirty (30) days of receipt of payoff of the encumbrance.

(2)(a) Notwithstanding the provisions of subsection (1) of this section, when an Idaho vehicle dealer licensed pursuant to chapter 16, title 49, Idaho Code, cancels or discharges a lien or encumbrance, the lienholder shall provide notice of such cancellation or discharge to the department within ten (10) business days of receipt of verified funds. If the lienholder was holding the paper certificate of title, such lienholder shall note the cancellation or discharge on the certificate of title in the space provided, over his signature, or by some other legal document, discharging the encumbrance. If the lienholder has received authorization from the current owner to do so, by personal notification from the current owner, by power of attorney, or by other legal document granted to a dealer, the lienholder shall send the paper certificate of title to the dealer within ten (10) business days of receipt of verified funds to pay off the encumbrance.

(b) For the purposes of this subsection, "verified funds" means funds when such funds credit to the lienholder's account and become final in accordance with the law or rules applicable to the method by which the funds were transmitted to the lienholder.

History:

[49-511, added 1988, ch. 265, sec. 126, p. 648; am. 1991, ch. 153, sec. 6, p. 365; am. 1993, ch. 298, sec. 3, p. 1099; am. 1994, ch. 297, sec. 1, p. 941; am. 2014, ch. 38, sec. 13, p. 81; am. 2026, ch. 143, sec. 2, p. 667.]
Idaho Code § 49-427 — Idaho Code / Title 49 / Chapter 4 / Section 49-427
49-427 REGISTRATION CARD TO BE CARRIED.
Status: in_force

49-427. Registration card to be carried. The registration card issued for a vehicle required to be registered by the provisions of this chapter shall, while the vehicle is being operated upon a highway, be in the possession of the driver or carried in the vehicle and be subject to inspection by any peace officer. A person who is issued a registration card electronically shall print the registration card, and such printed copy may be used to satisfy the provisions of this section. For drivers of commercial vehicles registered pursuant to section 49-434 or 49-435, Idaho Code, an electronic format of the registration card is permitted.

History:

[49-427, added 1988, ch. 265, sec. 89, p. 621; am. 2020, ch. 125, sec. 3, p. 386; am. 2026, ch. 237, sec. 2, p. 1027.]
Idaho Code § 49-415B — Idaho Code / Title 49 / Chapter 4 / Section 49-415B
49-415B PEARL HARBOR SURVIVOR SPECIAL PLATES.
Status: in_force

49-415B. Pearl Harbor survivor special plates. (1) Any veteran who was on active duty in the armed forces of the United States and assigned or stationed at Pearl Harbor, Hawaii, or within three (3) miles of the island of Oahu on December 7, 1941, and who has been released or discharged from the armed forces under other than dishonorable conditions, may upon application to the department, register and receive for not more than two (2) motor vehicles, special Pearl Harbor survivor number plates in lieu of regular number plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.

(2) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall be charged the plate fee required in section 49-450, Idaho Code. Whenever a qualifying survivor of the Japanese attack on Pearl Harbor on December 7, 1941, transfers or assigns his title or interest to a vehicle especially registered under this section, the registration shall expire, but the Pearl Harbor survivor may hold his special plates which he may have reissued to him upon the payment of the required transfer fees. He may only display those plates after receipt of a new registration from the department.

(3) Pearl Harbor survivor plates shall bear the characters: "Pearl Harbor Survivor" and shall in all other respects be as provided by law.

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

History:

[49-415B, added 1991, ch. 85, sec. 1, p. 190; am. 1992, ch. 26, sec. 2, p. 82; am. 1992, ch. 261, sec. 16, p. 768; am. 1998, ch. 113, sec. 11, p. 425; am. 2000, ch. 37, sec. 4, p. 68; am. 2000, ch. 87, sec. 15, p. 200.]
Idaho Code § 49-2404 — Idaho Code / Title 49 / Chapter 24 / Section 49-2404
49-2404 PRACTICES OF MANUFACTURER OR DISTRIBUTOR LESSENING OR ELIMINATING COMPETITION PROHIBITED.
Status: in_force

49-2404. Practices of manufacturer or distributor lessening or eliminating competition prohibited. It shall be unlawful for any person who is engaged, directly or indirectly in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, to pay or give, or contract to pay or give any thing or service of value to any person who is engaged in the business of financing the purchase or sale of motor vehicles, or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state, if the effect of the payment or the giving of a thing or service of value may be to lessen or eliminate competition, or tend to create or create a monopoly in the person or class of persons who receive or accept such thing or service of value.

History:

[49-2404, added 1988, ch. 265, sec. 470, p. 822.]
Idaho Code § 49-3704 — Idaho Code / Title 49 / Chapter 37 / Section 49-3704
49-3704 NOT OTHER CARRIERS.
Status: in_force

49-3704. NOT OTHER CARRIERS. TNCs or TNC drivers are not common carriers as defined in section 61-113, Idaho Code; they are not motor carriers, nor do they provide taxicab or for-hire vehicle service. In addition, a TNC driver shall not be required to register the vehicle such driver uses for TNC services as a commercial or for-hire vehicle or to obtain a commercial driver's license.

History:

[49-3704, added 2015, ch. 267, sec. 1, p. 1076.]
Idaho Code § 49-452 — Idaho Code / Title 49 / Chapter 4 / Section 49-452
49-452 EMERGENCY MEDICAL SERVICES FEE.
Status: in_force

49-452. Emergency medical services fee. (1) An emergency medical services fee of one dollar and twenty-five cents ($1.25) shall be collected in addition to each motor vehicle registration fee amount collected under the provisions of this chapter, with the exception of those vehicles proportionally registered under section 49-435, Idaho Code. Twenty-five cents (25¢) of the fee shall be retained by the county of residence for use in funding local emergency medical service costs. One dollar ($1.00) of the fee shall be transmitted to the state treasurer for deposit in the emergency medical services fund established in section 57-829, Idaho Code.

(2) For vehicles registered under the provisions of section 49-402B, Idaho Code, the fee shall be two dollars and fifty cents ($2.50). Fifty cents (50¢) of the fee shall be retained by the county of residence for use in funding local emergency medical services costs. Two dollars ($2.00) of the fee shall be transmitted to the state treasurer for deposit in the emergency medical services fund established in section 57-829, Idaho Code.

History:

[49-452, added 1988, ch. 265, sec. 112, p. 641; am. 1990, ch. 139, sec. 1, p. 315; am. 1999, ch. 90, sec. 3, p. 292; am. 2001, ch. 110, sec. 50, p. 399; am. 2025, ch. 94, sec. 30, p. 483.]
Idaho Code § 49-237 — Idaho Code / Title 49 / Chapter 2 / Section 49-237
49-237 RECORDS TO BE SENT TO DEPARTMENT.
Status: in_force

49-237. Records to be sent to department. Upon the conviction or reversal of conviction of any person for the violation of any of the provisions of this title, the judicial officer before whom the proceedings are had or the clerk of the district court shall immediately transmit the facts of the case to the department, either in paper or electronic form, including the name, address, date of birth, and the driver's license number or social security number of the party charged, and any judgment issued, including a withheld judgment. The judicial officer or the clerk of the district court shall also forward to the department information regarding the character of the punishment, and the amount of any fine imposed and paid, the ordered sentence and its terms, and the ordered suspension period, including when the suspension is to commence. The information provided to the department shall be certified if submitted in paper form; no certification is required for electronic transfers of information. The department shall enter the facts either in the records of registered vehicles, or in the records of registered dealers, or in the driver's license records, as the case may be, opposite the name of the person so convicted, and in the case of any other person, in a record of offenders, to be kept for that purpose. If an individual is reincarcerated while that person's driver's license or driving privileges are suspended, the department of correction is to notify the department that the individual is reincarcerated, as well as the terms and period of reincarceration. If the conviction be reversed on appeal, the person whose conviction has been reversed may serve on the department a certified copy of the order of reversal, and the department shall enter the reversal in the proper records.

History:

[49-237, added 1988, ch. 265, sec. 29, p. 587; am. 1998, ch. 110, sec. 10, p. 392; am. 1998, ch. 152, sec. 1, p. 523; am. 1999, ch. 81, sec. 5, p. 246.]
Idaho Code § 49-803 — Idaho Code / Title 49 / Chapter 8 / Section 49-803
49-803 PEDESTRIAN-CONTROL SIGNALS.
Status: in_force

49-803. Pedestrian-control signals. Whenever a pedestrian-control signal showing the words "Walk" or "Wait" or "Don't Walk" is in place, the signal shall indicate the following:

(1) Flashing or Steady "Walk". A pedestrian facing the signal may proceed across the highway in the direction of the signal, but shall yield the right-of-way to vehicles lawfully within the intersection at the time the signal is first shown.

(2) Flashing or Steady "Don't Walk" or "Wait". No pedestrian shall start to cross the highway in the direction of the signal, but any pedestrian who has partially completed crossing shall proceed to a sidewalk or safety island while the "Don't Walk" or "Wait" signal is showing.

History:

[49-803, added 1988, ch. 265, sec. 217, p. 683.]
Idaho Code § 49-2202 — Idaho Code / Title 49 / Chapter 22 / Section 49-2202
49-2202 PERMIT REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS WASTES.
Status: in_force

49-2202. Permit requirements for transporters of hazardous wastes. (1) Every person, including a private carrier or a common or contract carrier, who operates a vehicle on any highway of this state transporting hazardous waste shall first procure from the department an annual or single trip permit for each vehicle so driven in which the shipment meets any one of the following qualifiers:

(a) Is required to be placarded pursuant to title 49, code of federal regulations, part 172;

(b) Is manifested on a United States environmental protection agency uniform hazardous waste manifest form 8700-22 and 8700-22A, or its equivalent;

(c) Is any waste material containing polychlorinated biphenyls (PCB) which is regulated by title 40, code of federal regulations, part 761; but in the event waste material is being transported to a disposal facility approved in compliance with 40 CFR 761.70 or 40 CFR 761.75 and is accompanied by a hazardous waste manifest form 8700-22 or 8700-22A, or its equivalent, then a permit shall be required regardless of the polychlorinated biphenyl concentration.

This permit shall be available for examination and shall be displayed in accordance with rules adopted by the department. The provisions of this section shall not apply to vehicles owned by any city, county, state or federal governmental department or agency, special purpose district created pursuant to law or rural electric cooperatives.

(2) The fee for a single trip permit for the transportation of hazardous waste shall be twenty dollars ($20.00).

(3) The fee for an annual permit for the transportation of hazardous waste shall be two hundred fifty dollars ($250).

(4) Any carrier required to pay the fees assessed pursuant to this section is authorized to pass along such fees to the shipping party. No portion of the fees shall be prorated, reduced or transferred to another vehicle.

(5) The department may select vendors to serve as agents on state highways for the purpose of selling hazardous waste permits where fixed ports of entry do not adequately serve a respective highway entering the state. The vendor shall be remunerated at the rate determined by contract between the vendor and the department per permit sold, and the vendor shall collect the fees provided in this section, and pay the fees to the department. The vendor shall guarantee payment by giving a bond to the state of Idaho in a sum as shall be fixed by the department, the premium on the bond to be paid by the department.

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

History:

[49-2202, added 1988, ch. 265, sec. 454, p. 814; am. 1989, ch. 317, sec. 1, p. 816; am. 1990, ch. 331, sec. 1, p. 908; am. 2006, ch. 20, sec. 1, p. 78.]
Idaho Code § 49-503 — Idaho Code / Title 49 / Chapter 5 / Section 49-503
49-503 ISSUANCE OF CERTIFICATE OF TITLE REQUISITE TO ACQUISITION OF TITLE — WAIVER OR ESTOPPEL.
Status: in_force

49-503. Issuance of certificate of title requisite to acquisition of title — Waiver or estoppel. Except as provided in sections 49-502, 49-510 through 49-512 and 49-514, Idaho Code, no person acquiring a vehicle from the owner, whether the owner is a dealer or otherwise, shall acquire any right, title, claim or interest in or to the vehicle until he has issued to him a certificate of title to that vehicle, nor shall any waiver or estoppel operate in favor of that person against a person having possession of a certificate of title or an assignment of the certificate of the vehicle for a valuable consideration.

History:

[49-503, added 1988, ch. 265, sec. 118, p. 643.]
Idaho Code § 49-906 — Idaho Code / Title 49 / Chapter 9 / Section 49-906
49-906 TAIL LAMPS.
Status: in_force

49-906. Tail lamps. (1) Every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one (1) tail lamp mounted on the rear, which when lighted as required, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear. In the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. Every mentioned vehicle, other than a truck tractor, registered in this state and manufactured or assembled after December 31, 1955, shall be equipped with at least two (2) tail lamps mounted on the rear, which when lighted as required, shall comply with the provisions of this section.

(2) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two (72) inches nor less than twenty (20) inches.

(3) Any tail lamp shall be wired so to be lighted whenever the head lamps or auxiliary driving lamps are lighted.

(4) Nothing herein shall prohibit the display on any vehicle thirty (30) years or older of tail lamps containing a blue or purple insert lens not to exceed one (1) inch in diameter, provided the tail lamp or lamps otherwise comply with the requirements of this section.

History:

[49-906, added 1988, ch. 265, sec. 231, p. 690; am. 1993, ch. 95, sec. 1, p. 244.]
Idaho Code § 49-648 — Idaho Code / Title 49 / Chapter 6 / Section 49-648
49-648 OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN OR OTHER ON-TRACK EQUIPMENT.
Status: in_force

49-648. Obedience to signal indicating approach of train or other on-track equipment. (1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad and shall not proceed until he can do so safely. These requirements shall apply when:

(a) A stop sign is in place and there is an absence of any mechanical warning signals;

(b) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment;

(c) A crossing gate is lowered or when a flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment;

(d) A railroad train or other on-track equipment approaching within approximately one thousand five hundred (1,500) feet of the highway crossing emits a signal audible from that distance and the railroad train or other on-track equipment, by reason of its speed or nearness to the crossing, is an immediate hazard;

(e) An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing.

(2) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

History:

[49-648, added 1988, ch. 265, sec. 175, p. 666; am. 1998, ch. 13, sec. 1, p. 112; am. 2021, ch. 168, sec. 2, p. 471.]
Idaho Code § 49-229 — Idaho Code / Title 49 / Chapter 2 / Section 49-229
49-229 INJURING VEHICLE.
Status: in_force

49-229. Injuring vehicle. Except as authorized by section 49-1806, Idaho Code, any person who shall individually, or in association with one (1) or more others, willfully break, injure, tamper with or remove any part or parts of any vehicle for the purpose of injuring, defacing or destroying the vehicle, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of the vehicle, or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of the vehicle shall be guilty of a misdemeanor.

History:

[49-229, added 1988, ch. 265, sec. 23, p. 584; am. 2018, ch. 324, sec. 3, p. 755.]
Idaho Code § 49-323 — Idaho Code / Title 49 / Chapter 3 / Section 49-323
49-323 SUSPENDING PRIVILEGES OF NONRESIDENTS AND REPORTING CONVICTIONS.
Status: in_force

49-323. Suspending privileges of nonresidents and reporting convictions. (1) The privilege of driving a motor vehicle on the highways given to a nonresident shall be subject to suspension, disqualification or revocation by the department in a like manner and for a like cause as a driver's license issued to a resident may be suspended, disqualified or revoked.

(2) Upon receipt of a record of the conviction, suspension, disqualification or revocation in this state of a nonresident driver for any offense under the motor vehicle laws, the department shall forward a certified copy or electronic transfer of the record of the conviction, suspension, disqualification or revocation and its cause to the motor vehicle administrator in the state wherein the person so convicted is a resident and to the national driver register.

History:

[49-323, added 1988, ch. 265, sec. 57, p. 600; am. 1989, ch. 88, sec. 35, p. 182; am. 1990, ch. 45, sec. 24, p. 98; am. 2006, ch. 164, sec. 7, p. 494.]
Idaho Code § 49-632 — Idaho Code / Title 49 / Chapter 6 / Section 49-632
49-632 OVERTAKING A VEHICLE ON THE LEFT.
Status: in_force

49-632. Overtaking a vehicle on the left. The following shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special requirements stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

History:

[49-632, added 1988, ch. 265, sec. 161, p. 662.]