reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1605 - CHANGE OF FRANCHISE STATUS.

49-1605. CHANGE OF FRANCHISE STATUS. Should the dealer change to, or add another franchise for the sale of new vehicles, or cancel or, for any cause whatever, otherwise lose a franchise for the sale of new vehicles, he shall immediately notify the department.
History:
[49-1605, added 1988, ch. 265, sec. 378, p. 763.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1607 - FEES — FUNDS — EXPENSES — EXPIRATION OF LICENSES.

49-1607. FEES — FUNDS — EXPENSES — EXPIRATION OF LICENSES. (1) The department shall collect with each application for licensure the following fees:
(a) Dealer’s, wholesale dealer’s and vehicle manufacturer’s license, initial application, two hundred dollars ($200). Ten dollars ($10.00) of such fee shall be either retained by the department or authorized agent, if collected and processed by the department or authorized agent, or deposited in the county current expense fund. Renewal application, one hundred seventy-five dollars ($175).
(b) Vehicle salesman’s license, thirty-six dollars ($36.00). Ten dollars ($10.00) of such fee shall be either retained by the department or authorized agent, if collected and processed by the department or authorized agent, or deposited in the county current expense fund.
(c) Distributor-factory branch-distributor branch license, one hundred seventy-five dollars ($175).
(d) Representative’s license, forty-four dollars ($44.00).
(e) To reissue a license, salesman and dealer identification cards or other licensing documents at a dealer’s request, not resulting from an error by the department, a fee of eighteen dollars ($18.00) per document.
(f) Supplemental lot license or relocated principal place of business, and temporary supplemental lot, forty-four dollars ($44.00) for license issued to a single dealer. A fee of eighty-eight dollars ($88.00) for a license issued to a group of dealers for a temporary supplemental lot.
(2) All fees shall be paid over to the state treasurer for credit to the state highway account, out of which shall be paid the expenses of the department and the expenses incurred in enforcing the provisions of this chapter.
(3) Dealer licenses, if not suspended or revoked, may be renewed from year to year upon the payment of the fees specified in this section to accompany applications, and renewals shall be made in accordance with the provisions of section 49-1634, Idaho Code.
(a) There shall be twelve (12) licensing periods, starting with January and ending in December. A dealer’s license shall be in effect from the month of initial licensing through the last day of the next year’s calendar month that precedes the month of the initial licensing.
(b) Any renewal license application received or postmarked after thirty (30) days from the end of the previous year’s license period shall be processed as an initial application and initial fees shall be paid.
(4) Salesman licenses, if not suspended or revoked, shall be valid for three (3) years from the date of issue and may be renewed upon application and payment of the fees specified in this section provided that:
(a) Employment remains with the sponsoring dealership; and
(b) The sponsoring dealership has a valid license issued by the department.
History:
[49-1607, added 1988, ch. 265, sec. 380, p. 765; am. 1991, ch. 272, sec. 9, p. 698; am. 1993, ch. 297, sec. 1, p. 1095; am. 1998, ch. 392, sec. 21, p. 1227; am. 2009, ch. 331, sec. 7, p. 958; am. 2020, ch. 37, sec. 1, p. 73.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1608A - DEALER AND MANUFACTURER LIABILITY INSURANCE.

49-1608A. DEALER AND MANUFACTURER LIABILITY INSURANCE. Every dealer and vehicle manufacturer shall, as a condition of issuance or renewal of a dealer or vehicle manufacturer license by the department, continuously provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person arising out of the ownership, maintenance or use of vehicles owned by or under the control of the licensee and used in conduct of the business of the dealer or vehicle manufacturer. Such insurance shall be in an amount not less than twenty-five thousand dollars ($25,000) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of fifteen thousand dollars ($15,000) because of injury to or destruction of property of others in any one (1) accident. The applicant for a dealer or vehicle manufacturer license shall maintain on file with the department a certificate of liability insurance, issued by an insurance or surety company authorized to do business in this state or by an authorized agent of such company, in such form as may be prescribed by the director of the department of insurance as set forth in section 49-1231, Idaho Code.
History:
[49-1608A, added 2006, ch. 208, sec. 1, p. 637.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1608B - IDAHO CONSUMER ASSET RECOVERY FUND ESTABLISHED — EXPENDITURES AUTHORIZED.

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.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1608C - CREATION OF BOARD AND FEES.

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.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1608D - NEW APPLICANTS AND SUSPENSION OF FEES.

49-1608D. NEW APPLICANTS AND SUSPENSION OF FEES. In addition to the fees collected pursuant to section 49-1608C, Idaho Code, applicants for an initial motor vehicle dealer’s license shall maintain a license bond pursuant to section 49-1608, Idaho Code, for three (3) consecutive years. If the fee has been temporarily suspended pursuant to section 49-1608B(3), Idaho Code, the new dealer shall pay the last set fee into the fund during the initial three (3) year licensing period. Only those renewing licensees who have not been the subject of a claim against their bond or against the fund for three (3) consecutive years shall be exempt from the requirement to maintain such bond as required pursuant to the provisions of section 49-1608, Idaho Code.
History:
[49-1608D, added 2013, ch. 136, sec. 4, p. 319.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1608E - SUBMISSION OF CLAIMS.

49-1608E. SUBMISSION OF CLAIMS. (1) Except as otherwise provided in this section, whenever any person is awarded a final judgment certified in a court of competent jurisdiction in the state of Idaho for:
(a) Any actual loss or damage in connection with the purchase or lease of a motor vehicle by reason of any fraud practiced on him or fraudulent representation made to him by a licensed motor vehicle dealer; or
(b) Any actual loss or damage by reason of a violation by a dealer of any of the provisions of chapter 6, title 48, Idaho Code, chapter 5, title 49, Idaho Code, or section 49-1418, Idaho Code, in connection with the purchase or lease of a motor vehicle on or after July 1, 2014, the judgment creditor may file a verified claim with the board requesting payment from the fund of the amount unpaid on the judgment subject to the following conditions:
(i) Unless the judgment has been appealed, the claim shall be filed with the department, acting on behalf of the board, no sooner than forty-five (45) days and no later than one (1) year after the judgment becomes final.
(ii) The board shall not consider claims submitted by motor vehicle dealers, financial institutions or institutions providing floorplans for motor vehicle dealers.
(2) To be eligible to receive any payment from the fund, any action instituted by a person against a licensee that may become a claim against the fund shall be served to the board in a manner consistent with the provisions of section 48-613, Idaho Code.
History:
[49-1608E, added 2013, ch. 136, sec. 5, p. 319.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1609 - MANUFACTURER OR DEALER TO GIVE NOTICE OF SALE OR TRANSFER.

49-1609. MANUFACTURER OR DEALER TO GIVE NOTICE OF SALE OR TRANSFER. Every manufacturer or dealer, upon transferring a vehicle, whether by sale, lease or otherwise, to any person other than a manufacturer or dealer, shall within thirty (30) calendar days, give written notice of the transfer to the department or the assessor upon the official form provided by the department. Every notice shall contain the date of transfer, the time of transfer, the names and addresses of the transferor and transferee, any liens, a current odometer reading and a description of the vehicle as may be called for in the official form.
History:
[49-1609, added 1988, ch. 265, sec. 382, p. 767; am. 1989, ch. 35, sec. 3, p. 47; am. 1991, ch. 272, sec. 11, p. 700.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1609A - SATISFACTION OF LIENS PRIOR TO RESALE OF VEHICLE.

49-1609A. SATISFACTION OF LIENS PRIOR TO RESALE OF VEHICLE. (1) When a motor vehicle dealer licensed pursuant to this chapter takes possession of a vehicle for purposes of resale, the dealer shall have ten (10) business days from the date of possession to satisfy in full any and all lienholders who are perfected at the time of taking possession, unless the owner relinquishing possession of the vehicle agrees in writing to directly pay the perfected lienholder.
(2) No such vehicle shall be resold or transferred to any retail purchaser until all perfected liens have been satisfied in full.
(3) It shall be a misdemeanor punishable as provided in section 49-236, Idaho Code, for any person or licensee to violate the provisions of this section.
History:
[49-1609A, added 2001, ch. 190, sec. 1, p. 653.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1611 - DISPLAY, FORM AND CUSTODY OF DEALER’S AND SALESMAN’S LICENSE.

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.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1612 - NOTICE OF CHANGE OF ADDRESS.

49-1612. NOTICE OF CHANGE OF ADDRESS. (1) The department shall not issue a dealer’s license to any applicant who does not have a principal place of business. Should the dealer change the site or location of his principal place of business, he shall immediately upon making the change notify the department, and a new license shall be granted for the unexpired portion of the term of the license, providing the new location meets all the requirements for a principal place of business. Should a dealer cease to be in possession of a principal place of business from and on which he conducts the business for which he is licensed, he shall immediately notify the department and upon demand by the department shall deliver the dealer’s license, which shall be held and retained until it shall be made to appear to the department that the licensee has again come into possession of a principal place of business, whereupon the dealer’s license shall be reissued to him, without charge. Nothing in the provisions of this chapter shall be construed to prevent a dealer from conducting the business for which the dealer is licensed at one (1) or more licensed supplemental lots or locations not contiguous to the dealer’s principal place of business but operated and maintained in conjunction with it.
(2) The department shall not issue a vehicle manufacturer’s license to any applicant who does not have an established place of business within Idaho. Should the vehicle manufacturer change his established place of business within Idaho, the licensee shall immediately upon making the change, notify the department of the location and address of the new established place of business, and a new license shall be granted for the unexpired portion of the term of the license.
History:
[49-1612, added 1988, ch. 265, sec. 385, p. 768; am. 2006, ch. 108, sec. 1, p. 301.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1615 - SUCCESSION TO OWNERSHIP.

49-1615. SUCCESSION TO OWNERSHIP. Notwithstanding the terms, provisions or conditions of any franchise:
(1) A licensee may appoint by will, or any other written instrument, a designated family member to succeed in the ownership interest in the dealership.
(2) Unless there exists good cause for refusal to honor succession on the part of the manufacturer, any designated family member of a deceased or incapacitated owner of a dealership may succeed to the ownership under the existing franchise, provided the designated family member gives the manufacturer written notice of his intention to succeed to the ownership of the dealership within one hundred twenty (120) days of the owner’s death or incapacity, and the designated family member agrees to be bound by all the terms and conditions of the franchise.
(3) The manufacturer may request, and the designated family member shall provide, promptly upon request, personal and financial data that is reasonably necessary to determine whether the succession should be honored.
(4) If a manufacturer believes that good cause exists for refusing to honor the succession to the ownership of a dealership by a family member of a deceased or incapacitated owner of a dealership under the existing franchise agreement, the manufacturer may, not more than sixty (60) days following receipt of notice of the designated family member’s intent to succeed to the ownership of the dealership, or any personal or financial data which it has requested, serve upon the designated family member and the department, notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer no sooner than ninety (90) days from the date notice is served. The notice must state the specific grounds for a refusal to honor the succession. A protest may be filed in accordance with the provisions of section 49-1617, Idaho Code.
(5) If notice of refusal and discontinuance is not timely served upon the family member, the franchise shall continue in effect subject to termination only as otherwise permitted under this chapter.
(6) This chapter does not preclude the owner of a dealership from designating any person as his successor by written instrument filed with the manufacturer and, in the event there is a conflict between that written instrument and the provisions of this section, and that written instrument has not been revoked by the owner of the dealership, in writing, to the manufacturer, then the written instrument shall govern.
History:
[49-1615, added 1988, ch. 265, sec. 388, p. 777.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1616 - LIMITATIONS ON ESTABLISHING OR RELOCATING DEALERS.

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.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1617A - MEDIATION OF DISPUTES.

49-1617A. MEDIATION OF DISPUTES. (1) All disputes between a manufacturer or a distributor and a new vehicle dealer alleging a violation of any provision of this chapter or any other provision of Idaho law are subject to mediation as provided for in this section. A demand for mediation must be served on the adverse party before the filing of the objection, protest, complaint, or petition or the bringing of the action. A demand for mediation must be in writing and served on the adverse party by certified mail, return receipt requested, or by overnight delivery service that provides proof of delivery at an address designated for the party in the records of the complainant. The demand for mediation must contain a brief statement of the dispute and the relief sought by the complainant filing the demand.
(2) Within twenty (20) days after the date a demand for mediation is served, the parties shall mutually select an independent mediator and meet with that mediator for the purpose of attempting to resolve the dispute. If the parties are unable to agree on a mediator, a party may apply to a district judge of the district court for the county in which the dealership is located for appointment of a mediator. The meeting place must be within this state in a location selected by the mediator in proximity to the place of business of a party domiciled in this state. The mediator may extend the date of the meeting for good cause shown by either party or on the stipulation of both parties.
(3) The service of a demand for mediation under subsection (1) stays the time for the filing of any objection, protest, complaint, or petition with the department or for bringing an action until the representatives of both parties have met with a mutually selected or appointed mediator for the purpose of attempting to resolve the dispute. If an objection, protest, complaint, or petition is filed before the meeting, the department or the court shall enter an order suspending the proceeding or action until the meeting has occurred and may, on the written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, enter an order suspending the proceeding or action for as long a period as the department or court considers to be appropriate. A suspension order issued under this subsection may be revoked on motion of any party or on motion of the department or the court.
(4) The department shall encourage dealers, manufacturers, and distributors to establish a panel of mediators who have the character, ability, and training to serve as mediators and who have knowledge of the motor vehicle industry.
(5) A mediator shall be immune from civil liability for any good faith act or omission within the scope of the mediator’s performance of the mediator’s powers and duties under this chapter. An act or omission of a mediator is presumed to be a good faith act or omission. This presumption may be overcome only by clear and convincing evidence.
History:
[49-1617A, added 2023, ch. 122, sec. 4, p. 354.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1617B - STANDING TO BRING AN ACTION.

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.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1619 - PRODUCTION OF WITNESSES AND DOCUMENTS.

49-1619. PRODUCTION OF WITNESSES AND DOCUMENTS. In the preparation and conduct of hearings, the department has the power to require the attendance and testimony of any witness, the production of any papers or books, may sign and issue subpoenas, administer oaths and examine witnesses, and take any evidence it considers pertinent to the determination of the matter, and any witnesses so subpoenaed shall be entitled to the same fees and mileage as prescribed by law in judicial proceedings in the district court of this state in civil action, but the payment of fees and mileage must be out of, and kept within the limits of, the funds created from license fees authorized in this chapter. The party against whom the matter may be pending shall have the right to obtain a subpoena from the department for any witnesses he may desire at the hearing, and depositions may be taken as in civil court cases in the district court. Any information obtained from the books and records of the person complained against may not be used against him as the basis for a criminal prosecution under the laws of this state.
History:
[49-1619, added 1988, ch. 265, sec. 392, p. 782.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1620 - REPORT OF FINDINGS.

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.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1621 - JUDICIAL REVIEW.

49-1621. JUDICIAL REVIEW. Any party to a hearing before the department, or any party to a hearing has the right to judicial review in the district court. Appeals shall be as provided in chapter 52, title 67, Idaho Code.
History:
[49-1621, added 1988, ch. 265, sec. 394, p. 782; am. 1993, ch. 216, sec. 49, p. 635.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1622 - PRODUCT LIABILITY RESPONSIBILITY.

49-1622. PRODUCT LIABILITY RESPONSIBILITY. A manufacturer must file with the department a copy of the delivery and preparation obligations required to be performed by a dealer prior to the delivery of a new vehicle to a buyer. These delivery and preparation obligations constitute the dealer’s only responsibility for product liability as between the dealer and the manufacturer. Any mechanical, body, or parts defects arising from an express or implied warranty of the manufacturer constitute the manufacturer’s product or warranty liability only, as between the manufacturer and the dealer. The provisions of this section shall not affect the obligation of dealers to perform warranty repair and maintenance as may be required by law or contract.
History:
[49-1622, added 1988, ch. 265, sec. 395, p. 783.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1623 - PRODUCT LIABILITY INDEMNIFICATION.

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.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1624 - DISCLOSURE OF DAMAGE REQUIRED.

49-1624. DISCLOSURE OF DAMAGE REQUIRED. On any new vehicle, any uncorrected damage or any corrected damage exceeding six percent (6%) of the manufacturer’s suggested retail price, as measured by retail repair costs, must be disclosed in writing prior to delivery. Damage to glass, tire and bumpers is excluded from the six percent (6%) requirement when replaced by identical manufacturer’s original equipment.
History:
[49-1624, added 1988, ch. 265, sec. 397, p. 783.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1625 - REPAIRED DAMAGE NOT GROUNDS FOR REJECTION.

49-1625. REPAIRED DAMAGE NOT GROUNDS FOR REJECTION. Repaired damage to a customer-ordered new vehicle, not exceeding the six percent (6%) requirement, shall not constitute grounds for rejection of the customer order. The customer’s right of rejection ceases upon his acceptance of delivery of the vehicle, provided disclosure as required in section 49-1624, Idaho Code, is made prior to delivery.
History:
[49-1625, added 1988, ch. 265, sec. 398, p. 783.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1628 - USE OF VEHICLE DEALER LOANER PLATE.

49-1628. USE OF VEHICLE DEALER LOANER PLATE. (1) A dealer shall maintain a log showing the vehicle identification number, date, reason for use, and the name of the person authorized to use the plate.
(2) The user of a loaner plate shall carry identification showing dealer name, number on plate, signature of dealer and year for which the plate is valid.
(3) Loaner plates may be used on vehicles held in stock for sale which are loaned to a customer of a dealership while the customer vehicle is being repaired, and, on vehicles held in stock for sale and operated by the dealer or his family for personal use or for furtherance of dealership business.
(4) Loaner plates may not be used on:
(a) Work or service vehicles not held in stock for sale;
(b) Leased or rented vehicles owned by the licensed dealer;
(c) A laden vehicle designed for transportation of cargo, unless the dealer has complied with the provisions of section 49-434, Idaho Code;
(d) Vehicles which have been sold;
(e) Vehicles used by licensee for furtherance of another business;
(f) Vehicles used for personal use by licensed salesman or other nonlicensed employees of the dealership;
(g) Vehicles of which the dealer does not have legal ownership;
(h) Vehicles being operated by an actual purchaser.
History:
[49-1628, added 1988, ch. 265, sec. 401, p. 786.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1629 - ODOMETERS.

49-1629. ODOMETERS. (1) Nothing in this chapter shall prevent the service, repair or replacement of an odometer, provided the mileage as defined in section 49-114, Idaho Code, indicated remains the same as before the service, repair or replacement. Where the odometer is incapable of registering the same mileage as before service, repair or replacement, the odometer shall be adjusted to read zero and a notice shall be attached permanently to the left door frame of the vehicle by the owner or his agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. Provided however, the notice shall not be required if the odometer reading is converted from registering in kilometers to miles, and the mileage on the vehicle after the conversion of the odometer is equivalent to its mileage before the conversion. No person shall:
(a) Fail to adjust an odometer or affix a notice regarding adjustment, as required under this section.
(b) With intent to defraud, remove or alter any notice affixed to a vehicle pursuant to the provisions of this section.
(2) It shall be unlawful for any person to:
(a) Disconnect, turn back, or reset the odometer of any vehicle with the intent to reduce the number of miles indicated on the odometer gauge.
(b) Sell a vehicle in this state if that person has knowledge that the odometer on the vehicle has been turned back or replaced, and if the person fails to notify the buyer prior to the time of the sale, that the odometer has been turned back or replaced, or that he has reason to believe that the odometer has been turned back or replaced.
(c) Advertise for sale, to sell, to use, or to install on any part of a vehicle or on an odometer in a vehicle, any device which causes the odometer to register any mileage other than the true mileage driven.
History:
[49-1629, added 1988, ch. 265, sec. 402, p. 787; am. 2005, ch. 145, sec. 2, p. 458.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1630 - PURCHASER PLAINTIFF TO RECOVER COSTS AND ATTORNEY’S FEES.

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.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1632 - APPLICABILITY OF CHAPTER.

49-1632. APPLICABILITY OF CHAPTER. (1) Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale, or has business dealings with respect to a new vehicle sale within this state, shall be subject to the provisions of this chapter and shall be subject to the jurisdiction of the courts of this state.
(2) The applicability of this chapter shall not be affected by a choice of law clause in any franchise, agreement, waiver, novation, or any other written instrument.
(3) Any provision of any agreement, franchise, waiver, novation or any other written instrument which is in violation of any section of this chapter shall be considered null and void and without force and effect.
(4) It shall be unlawful for a manufacturer to use any subsidiary corporation, affiliated corporation, or any other controlled corporation, partnership, association or person to accomplish what would otherwise be unlawful conduct under this chapter on the part of the manufacturer.
(5) Nothing in this chapter shall be construed to impair the obligations of a contract entered into prior to January 1, 1989, or to prevent a manufacturer, distributor, representative or any other person, whether or not licensed under this chapter, from requiring performance of a prior written contract entered into with any dealer, nor shall the requirement of performance constitute a violation of any of the provisions of this chapter. Any contract, or the terms of it, requiring performance, shall have been freely entered into and executed between the contracting parties. This chapter shall apply to any amendments, novations, records or modifications of prior contracts and to any contracts entered into subsequent to March 31, 1989.
History:
[49-1632, added 1988, ch. 265, sec. 405, p. 788.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1633 - LIMITATIONS.

49-1633. LIMITATIONS. (1) Actions arising out of any provision of this chapter shall be commenced within a four (4) year period of the accrual of the cause of action. If a person liable under this chapter conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of his cause of action by the person entitled shall be excluded in determining the time limited for the commencement of the action.
(2) If a cause of action accrues during the pendency of any civil, criminal or administrative proceeding against a person brought by the United States, or any of its agencies under the antitrust laws, the federal trade commission act, or any other federal act, or the laws or to franchising, such actions may be commenced within one (1) year after the final disposition of the civil, criminal or administrative proceeding.
History:
[49-1633, added 1988, ch. 265, sec. 406, p. 789.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1634 - DEALER SALES — MINIMUM SALES REQUIRED FOR LICENSE RENEWAL.

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.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1636 - CONSIGNMENT SALES.

49-1636. CONSIGNMENT SALES. (1) An owner who consigns a vehicle to a vehicle dealer to be offered for sale or exchange on behalf of the owner to a third party purchaser, shall provide the dealer with either the certificate of title to the vehicle along with a power of attorney designating the dealer as an agent of the owner, or a duly executed consignment agreement between the dealer and the owner, along with a copy of the certificate of title of the vehicle being consigned.
(2) A consignment agreement shall contain at the least, the following:
(a) The name and current address of the owner of the vehicle as shown on the certificate of title;
(b) The name and current address of any person holding a lien on the vehicle;
(c) The name of the consignee;
(d) A description of the vehicle including the vehicle’s make, model, vehicle identification number and odometer reading; and
(e) A statement that the owner has appointed the vehicle dealer as his agent for the purpose of offering the vehicle for sale.
History:
[49-1636, added 1991, ch. 272, sec. 19, p. 709.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1637 - EDUCATION REQUIREMENTS FOR VEHICLE DEALERS.

49-1637. EDUCATION REQUIREMENTS FOR VEHICLE DEALERS. (1) Except as provided in subsection (2) of this section, the following continuing education requirements shall apply to a vehicle dealer for an initial dealer’s license and for the annual renewal, as provided in sections 49-1607(3) and 49-1634, Idaho Code, of a dealer’s license:
(a) An applicant for an annual renewal of a dealer’s license must complete a four (4) hour education program as described in subsection (3) of this section prior to submitting a renewal application for a vehicle or vessel dealer license.
(b) An applicant requesting an initial vehicle or vessel dealer’s license shall be required to provide certification that he has completed a department approved prelicensing class or program, including an examination on the materials that were presented prior to submitting a license application.
(2) The education requirements of subsection (1) of this section do not apply to an applicant for a full-time or part-time vehicle salesman’s license, manufacturer’s license or distributor’s license. The following applicants are also exempt from the provisions of subsection (1) of this section:
(a) A vehicle dealer of nationally advertised and recognized new motor vehicles or vessels; and
(b) A franchise dealer of new recreational vehicles, new motorcycles, new all-terrain vehicles, new snowmobiles or new vessels.
(3) The continuing education programs and prelicensing class requirements required in subsection (1) of this section shall be developed with input from motor vehicle industry organizations including, but not limited to, the Idaho independent automobile dealers association, and shall be approved by the department:
(a) Prelicensing classes shall consist of eight (8) hours of instruction or as otherwise approved by the department, which shall include the written examination.
(b) Fees applicable to the prelicensing class shall not exceed three hundred fifty dollars ($350).
(c) Fees applicable to the dealer education program shall not exceed two hundred dollars ($200).
(d) Any provider as approved by the department shall make the dealer education programs and prelicensing classes available on a monthly basis, at a minimum.
(4) The continuing education programs and the prelicensing class/programs required in subsection (1) of this section may be provided by accredited educational institutions, private vocational schools, correspondence schools or trade associations, provided that the continuing education program and prelicensing class/programs have been approved by the department as required in subsection (3) of this section.
(5) The department may promulgate rules as necessary to implement the provisions of this section.
History:
[49-1637, added 2003, ch. 98, sec. 2, p. 317; am. 2010, ch. 329, sec. 2, p. 874; am. 2013, ch. 93, sec. 1, p. 229.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 16 - DEALERS AND SALESMEN LICENSING › Section 49-1638 - MANUFACTURER INCENTIVE PROGRAMS FOR MOTOR VEHICLE DEALERS.

49-1638. MANUFACTURER INCENTIVE PROGRAMS FOR MOTOR VEHICLE DEALERS. (1) A manufacturer or distributor shall pay a motor vehicle dealer’s claim for payment or other compensation due under a manufacturer incentive program within thirty (30) business days after receiving the claim, unless the claim is disapproved by written notice, with reasons stated, within thirty (30) business days of receipt of the dealer’s claim. A claim that is not disapproved or disallowed in writing within thirty (30) business days after the manufacturer or distributor receives the claim is deemed automatically approved.
(2) A manufacturer shall not deny a claim based solely on a motor vehicle dealer’s incidental failure to comply with a specific claim processing requirement, such as a clerical error or other administrative technicality that does not put into question the legitimacy of the claim.
(3) A dealer shall have sixty (60) days from the date of notification by a manufacturer or distributor of a denial or a charge-back to the dealer to resubmit a claim for payment or compensation if the claim was denied for a dealer’s incidental failure as set forth in subsection (2) of this section, whether the charge-back was a direct or an indirect transaction.
(4) A motor vehicle dealer has ninety (90) days after the expiration of a manufacturer or distributor incentive program, or such longer time as provided by the franchise agreement, whichever is greater, to submit a claim for payment or compensation under the program.
(5) Notwithstanding the terms of a franchise agreement or other contract with a dealer and except as provided in subsection (6) of this section, after the expiration of one (1) year after the date of payment of the vehicle claim, a manufacturer or distributor shall not:
(a) Charge back to a motor vehicle dealer, whether directly or indirectly, the amount of a claim that has been approved and paid by the manufacturer or distributor under an incentive program;
(b) Charge back to a motor vehicle dealer, whether directly or indirectly, the cash value of a prize or other thing of value awarded to the dealer under an incentive program; or
(c) Audit the records of a motor vehicle dealer to determine compliance with the terms of an incentive program.
(6) A manufacturer or distributor may make charge-backs to a motor vehicle dealer if, after completion of an audit of the dealer’s records, the manufacturer or distributor can show, by a preponderance of the evidence, that:
(a) With respect to a claim under a service incentive program, the repair work was improperly performed in a substandard manner or was unnecessary; or
(b) The claim is unsubstantiated in accordance with the manufacturer’s or distributor’s reasonable requirements.
(7) Notwithstanding subsections (5) and (6) of this section, a manufacturer or distributor may make charge-backs to a motor vehicle dealer for fraud at any time permitted by section 5-218, Idaho Code.
History:
[49-1638, added 2007, ch. 251, sec. 1, p. 736.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 17 - LABOR AND MATERIAL LIENS › Section 49-1701 - LABOR AND MATERIAL LIENS ON MOTOR VEHICLES.

49-1701. LABOR AND MATERIAL LIENS ON MOTOR VEHICLES. Every person has a lien, dependent upon possession, for the compensation to which he is legally entitled for making repairs or performing labor upon, and/or for the furnishing supplies or materials for, and/or for the towing, storage, repair or safekeeping of, and/or for the rental of parking space for any vehicle of a type subject to registration under the motor vehicle code, and upon the contents thereof.
History:
[49-1701, added 1988, ch. 265, sec. 408, p. 789.]