reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.70 - RULES GOVERNING RESTRICTED DRIVING PERMITS › Section 39.02.70.200 - DURATION AND EXPIRATION OF RESTRICTED DRIVING PERMIT

Current through August 31, 2023
01.
Duration and Expiration
. The
			 Restricted Driving Permit will remain in effect for the period of time the
			 driver's privileges have been suspended or revoked unless canceled by the
			 department or otherwise provided by law. (4-6-23)
02.
Reinstatement Action
.
			 Satisfactory completion of the terms and conditions of the Restricted Driving
			 Permit will be noted in the driving records of the participant as maintained by
			 the Department, and the Department will reinstate the applicant's regular
			 driving privileges at the expiration of the Restricted Driving Permit if he has
			 complied with all conditions of the Restricted Driving Permit and reinstatement
			 requirements. Any convictions or notices of suspension or revocation will
			 remain a part of the driver's file. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.70 - RULES GOVERNING RESTRICTED DRIVING PERMITS › Section 39.02.70.400 - RESTRICTED DRIVING PERMITS WILL NOT BE ISSUED

Current through August 31, 2023
Restricted Driving Permits will not be issued by the Department
				to: (4-6-23)
01.
Privileges
			 Suspended
. Individuals who have had their driving privileges suspended
			 or revoked by the Court and/or Department three (3) or more times during the
			 three (3) year period prior to the effective date of the current suspension.
			 (4-6-23)
02.
Like
			 Offense
. Individuals who have been issued a Restricted Driving Permit by
			 the Department or by an Idaho Court for a like offense within a previous two
			 (2) year period prior to the effective date of the current suspension or
			 revocation. (4-6-23)
03.
Violation of Restrictions
. An individual found to be in violation
			 of restrictions on any court or Department-issued restricted driving permit.
			 (4-6-23)
04.
Revoked
			 Out-of-State Drivers
. An individual who was an out-of-state resident at
			 the time driving privileges were revoked or suspended in that state or any
			 other state other than Idaho. (4-6-23)
05.
Under Seventeen
. An
			 individual who is not at least seventeen (17) years of age at the time of
			 issuance of the permit. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.70 - RULES GOVERNING RESTRICTED DRIVING PERMITS › Section 39.02.70.500 - GENERAL APPLICATION PROCEDURE FOR A NON-COMMERCIAL RESTRICTED DRIVING PERMIT

Current through August 31, 2023
01.
Applicant Submissions
. Applicant will submit the following before their
			 suspension or revocation is stayed: (4-6-23)
a. Completed Form No. ITD-3227, Application
			 for Restricted Driving Permit; (4-6-23)
b. Completed Form No. ITD-3208, Work
			 Verification; (4-6-23)
c. Proof of
			 motor vehicle liability insurance coverage in the amount directed by Idaho law
			 to cover any and all vehicles to be used by the applicant; (4-6-23)
d. All applicable reinstatement requirements
			 will be satisfied; (4-6-23)
e. A
			 non-refundable application fee pursuant to Section
			 49-306, Idaho Code;
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.70 - RULES GOVERNING RESTRICTED DRIVING PERMITS › Section 39.02.70.600 - DRIVING RESTRICTIONS SPECIFIED

Current through August 31, 2023
The Department may impose the following restrictions upon an
				applicant's driving privileges and such restrictions will be specified on the
				Restricted Driving Permit: (4-6-23)
01.
Operation of Vehicle
. Time
			 of operation of a motor vehicle, i.e. restricted to certain days, or hours of a
			 day. (4-6-23)
02.
Geographic
			 Area
. Geographic limitations within limits of states, counties, cities.
			 (4-6-23)
03.
Permitted
			 Travel
. To and from work, school, medical appointments, treatment
			 programs, and to provide for basic life necessities of the applicant and/or
			 their dependents. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.70 - RULES GOVERNING RESTRICTED DRIVING PERMITS › Section 39.02.70.700 - CANCELLATION OF RESTRICTED DRIVING PERMIT

Current through August 31, 2023
The Department may cancel a Restricted Driving Permit and will
				re-activate the suspension or revocation order which will expire according to
				the original order if: (4-6-23)
01.
Violation of Terms
. There is a violation of terms of the written
			 driver's agreement. (4-6-23)
02.
Violation of Restrictions
. There is a violation of any of the
			 restrictions set forth in the applicant's Restricted Driving Permit.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.71 - RULES GOVERNING DRIVER'S LICENSE VIOLATION POINT SYSTEM AND ACCIDENT PREVENTION COURSES › Section 39.02.71.000 - LEGAL AUTHORITY

Current through August 31, 2023
Sections
				41-2515,
				49-201 and
				49-326, Idaho Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.71 - RULES GOVERNING DRIVER'S LICENSE VIOLATION POINT SYSTEM AND ACCIDENT PREVENTION COURSES › Section 39.02.71.001 - SCOPE

Current through August 31, 2023
These rules establish a driver's license violation point system
				for drivers convicted of moving traffic violations and convictions. Subchapter
				A establishes minimum standards for approval of a motor vehicle accident
				prevention course. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.71 - RULES GOVERNING DRIVER'S LICENSE VIOLATION POINT SYSTEM AND ACCIDENT PREVENTION COURSES › Section 39.02.71.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Administrative appeals under this chapter will be governed by
				the rules of administrative procedure of the Attorney General, IDAPA 04.11.01,
				"Idaho Rules of Administrative Procedure of the Attorney General."
				(4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.71 - RULES GOVERNING DRIVER'S LICENSE VIOLATION POINT SYSTEM AND ACCIDENT PREVENTION COURSES › Section 39.02.71.100 - VIOLATION POINT COUNT SYSTEM

Current through August 31, 2023
01.
Points
			 for Traffic Violations
. Idaho Code authorizes and directs the Department
			 to establish a violation point count system for drivers convicted of various
			 moving traffic violations and infractions occurring either within the state of
			 Idaho, or outside the state of Idaho. (4-6-23)
02.
Violation Point Count List
.
			 The following violation point count list includes traffic violations in Idaho
			 Code, and the appropriate code section reference. Convictions of traffic
			 violations not herein listed which are violations of a state law or municipal
			 ordinance will receive three (3) violation points, except those for which
			 mandatory withdrawal of driving privileges is required by Idaho Code or the
			 Idaho Code provides a point exemption. (4-6-23)
03.
Points Assessed
. Each
			 traffic violation conviction will be assessed from one (1) point for less
			 serious violations to a maximum of four (4) points for more serious violations.
			 The degree of seriousness of traffic violations has been determined by
			 considering the possibility of bodily injury or property damage resulting from
			 such violation. (4-6-23)
04.
Dual Violation
. In cases where the driver is convicted of more than one
			 (1) violation arising from one (1) occasion of arrest or citation, only one (1)
			 conviction will be counted and assessed points against the driver's record. The
			 conviction counted will be the one with the greater amount of points.
			 (4-6-23)
05.
Speeding
			 Violation
. Drivers convicted of traveling sixteen (16) miles per hour or
			 more over the posted maximum speed limit or exceeding the speed limit in a work
			 zone will receive four (4) points. Driving convictions of other speeding
			 violations will receive three (3) points. (4-6-23)
06.
Distracted Driving
. A first
			 offense of Section
			 49-1401A, Idaho Code, will not be
			 assessed points pursuant to code. Subsequent offenses will be assessed points
			 as shown in Section 200. Third
			 and subsequent offenses in a three-year period may also be subject to a court
			 suspension. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.71 - RULES GOVERNING DRIVER'S LICENSE VIOLATION POINT SYSTEM AND ACCIDENT PREVENTION COURSES › Section 39.02.71.300 - SUSPENSION OF DRIVER LICENSE

Current through August 31, 2023
01.
Twelve
			 Points
. When a driver accumulates twelve (12) or more points in any
			 twelve (12) month period of time, the suspension period will be for thirty (30)
			 days. (4-6-23)
02.
Eighteen
			 Points
. When a driver accumulates eighteen (18) or more points within
			 any twenty-four (24) month period of time, the suspension period will be for
			 ninety (90) days. (4-6-23)
03.
Twenty-Four Points
. When a driver accumulates twenty-four (24) or
			 more points within any thirty-six (36) month period of time, the suspension
			 period will be for six (6) months. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.71 - RULES GOVERNING DRIVER'S LICENSE VIOLATION POINT SYSTEM AND ACCIDENT PREVENTION COURSES › Section 39.02.71.400 - COMPLETION OF A DEFENSIVE DRIVING CLASS OR TRAFFIC SAFETY EDUCATION PROGRAM

Current through August 31, 2023
01.
Removal
			 of Points Upon Completion of Defensive Driving Class or Traffic Safety
			 Education Program
. Three (3) points may be removed from an Idaho driving
			 record upon the driver's completion of an approved defensive driving class or
			 points may be removed from a traffic violation upon the driver's completion of
			 an approved traffic safety education program. Points may only be removed from a
			 driver's record once every three (3) years. The three-year period begins on the
			 completion date of either a defensive driving class or traffic safety education
			 program. (4-6-23)
a. For completion of a
			 defensive driving class, points are only removed from the violation point count
			 total on the driving record. (4-6-23)
b. For completion of a traffic safety
			 education program as provided in Section
			 50-336, Idaho Code, points are
			 removed from the conviction for which the traffic safety education program was
			 offered and taken. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.71 - RULES GOVERNING DRIVER'S LICENSE VIOLATION POINT SYSTEM AND ACCIDENT PREVENTION COURSES › Subchapter A - RULES GOVERNING ACCIDENT PREVENTION COURSE › Section 39.02.71.500 - ACCIDENT PREVENTION COURSE

Current through August 31, 2023
A structured course of study, either in a traditional
				  classroom setting, field driving or internet based format, with curriculum
				  focusing on becoming a safer driver and avoiding accidents, by being cautious,
				  aware, responsible, and respectful of other drivers while abiding by Idaho's
				  rules of the road. The terms "accident prevention course" and "defensive
				  driving class" are interchangeable, and the course standards established for
				  the accident prevention course in this rule are the same standards for the
				  defensive driving class for violation point count reduction as established
				  above. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.71 - RULES GOVERNING DRIVER'S LICENSE VIOLATION POINT SYSTEM AND ACCIDENT PREVENTION COURSES › Subchapter A - RULES GOVERNING ACCIDENT PREVENTION COURSE › Section 39.02.71.550 - CRITERIA

Current through August 31, 2023
01.
Instructor Certification
.
				For classroom and field driving instruction, instructors will be certified by
				the Idaho Department of Education as a Driver and Traffic Safety Education
				instructor, or the National Safety Council, American Automobile Association's
				program (AAA), American Association of Retired Persons (AARP), or an equivalent
				program, as determined by the Department. (4-6-23)
02.
Contents of Course
. Other
				than courses provided by the National Safety Council, AAA, or AARP, all
				accident prevention course outlines will be approved by the Department.
				(4-6-23)
03.
Length of
				Class
. The course will be a minimum of six (6) hours, which may include
				any combination of classroom instruction, field driving instruction, or on-line
				instruction time. (4-6-23)
04.
Proof of Insurance
. For any field driving instruction, the course
				provider will confirm adequate proof of insurance. (4-6-23)
05.
Provider Location
. The
				course provider will confirm location(s) of established place of business, and
				a telephone number or e-mail address of a contact person who can be reached
				during regular working hours 8 a.m. to 5 p.m. (4-6-23)
06.
Participant Certification
.
				Each participant will be issued a certificate of completion by the instructor
				or course provider. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.71 - RULES GOVERNING DRIVER'S LICENSE VIOLATION POINT SYSTEM AND ACCIDENT PREVENTION COURSES › Subchapter A - RULES GOVERNING ACCIDENT PREVENTION COURSE › Section 39.02.71.600 - COURSE REVIEW

Current through August 31, 2023
Accident Prevention Courses are subject to periodic review by
				  the Department. As a part of the review process, the provider may be asked to
				  confirm course and instructor information and resubmit instruction materials.
				  (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.71 - RULES GOVERNING DRIVER'S LICENSE VIOLATION POINT SYSTEM AND ACCIDENT PREVENTION COURSES › Subchapter A - RULES GOVERNING ACCIDENT PREVENTION COURSE › Section 39.02.71.601 - WITHDRAWAL OF COURSE APPROVAL

Current through August 31, 2023
The Department may withdraw course approval if minimum
				  standards are no longer met or if course providers have failed to respond to a
				  course review. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.72 - RULES GOVERNING ADMINISTRATIVE LICENSE SUSPENSIONS › Section 39.02.72.001 - SCOPE

Current through August 31, 2023
This rule establishes driver's license suspension procedures
				for persons driving under the influence of alcohol or other intoxicating
				substances as indicated by an evidentiary test of blood, breath, or urine.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.72 - RULES GOVERNING ADMINISTRATIVE LICENSE SUSPENSIONS › Section 39.02.72.010 - DEFINITIONS

Current through August 31, 2023
01.
Petitioner
. A person who has
			 been served with a Notice of Suspension pursuant to Section
			 18-8002A, Idaho Code.
			 (4-6-23)
02.
Certified
			 Copy
. A reproduction of an original record that has been certified by a
			 custodian of such record to be a true and accurate copy. (4-6-23)
03.
Duplicate Original
. A
			 counterpart produced by the same impression as the original, or from the same
			 matrix. (4-6-23)
04.
Evidentiary Test
. An analysis of blood, breath, or urine to
			 determine the presence of alcohol, drugs, or other intoxicating substances.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.72 - RULES GOVERNING ADMINISTRATIVE LICENSE SUSPENSIONS › Section 39.02.72.100 - HEARING REQUESTS

Current through August 31, 2023
01.
Written
			 Requests
. Hearing requests will be made in writing and contain the
			 following information: (4-6-23)
a. The
			 petitioner's full name, complete mailing address, and telephone number where
			 hearing will be conducted; (4-6-23)
b. The driver's license number;
			 (4-6-23)
c. The petitioner's date
			 of birth; (4-6-23)
d. The date of
			 arrest; (4-6-23)
e. A brief
			 statement of the issues the petitioner proposes to raise at the hearing; and
			 (4-6-23)
f. Any dates or times that
			 the petitioner or attorney cannot be available for the hearing.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.72 - RULES GOVERNING ADMINISTRATIVE LICENSE SUSPENSIONS › Section 39.02.72.101 - HEARING NOTICES

Current through August 31, 2023
01.
Notification
. Upon timely receipt of hearing requests, the
			 Department will notify petitioners of the time and date of the hearing as soon
			 as practicable, but no later than seven (7) days prior to the hearing. Hearing
			 notices will be mailed or e-mailed to the address provided in the hearing
			 requests, or if no address was provided, notices will be mailed to the most
			 current address contained in the petitioner's driver's license records.
			 (4-6-23)
02.
Hearings
			 Conducted by Telephone
. Hearings will be conducted by telephone unless
			 the hearing officer will determine that the petitioner or other participant
			 would be denied the opportunity to participate in the entire hearing if held by
			 telephone. Face to face hearings will be held in Ada County (or other locations
			 within the state as may be determined by the Department). (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.72 - RULES GOVERNING ADMINISTRATIVE LICENSE SUSPENSIONS › Section 39.02.72.200 - DOCUMENT SUBMISSION

Current through August 31, 2023
01.
Compliance
. The documents will be considered forwarded in a timely
			 manner if they are postmarked within five (5) business days of the date of
			 service of the Notice of Suspension or are accompanied by a certificate,
			 certifying the documents were deposited with: (4-6-23)
a. The United States mail or overnight
			 delivery service; or (4-6-23)
b.
			 Hand delivered, within five (5) business days of the date of service of the
			 suspension notice. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.72 - RULES GOVERNING ADMINISTRATIVE LICENSE SUSPENSIONS › Section 39.02.72.300 - SUBPOENAS

Current through August 31, 2023
01.
Request
. The Hearing Officer
			 assigned to the matter may, upon written request, issue subpoenas requiring the
			 attendance of witnesses or the production of documentary or tangible evidence
			 at a hearing. (4-6-23)
02.
Serving Subpoenas
. Parties requesting subpoenas will be
			 responsible for having the subpoenas served. Witnesses will not be compelled to
			 attend and testify at hearings unless served with subpoenas at least one
			 hundred and twenty (120) hours prior to the time of hearing. (4-6-23)
03.
Proof of Service
. Parties
			 responsible for service of the subpoena will provide proof of service of the
			 subpoena prior to the scheduled hearing. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.72 - RULES GOVERNING ADMINISTRATIVE LICENSE SUSPENSIONS › Section 39.02.72.400 - DOCUMENT DISCOVERY

Current through August 31, 2023
01.
Obtaining
			 Photocopies
. To obtain a photocopy of a document which is public record,
			 relates to the petitioner hearing, and is in the possession of the Department,
			 petitioners will make a written request to the Department. The Department will
			 attempt to provide the requested copies prior to the hearing date, but failure
			 to do so will not be grounds for staying or rescinding a suspension.
			 (4-6-23)
02.
Document
			 Discovery
. Further discovery will be conducted in accordance with IDAPA
			 04.11.01.521, "Idaho Rules of Administrative Procedure of the Attorney
			 General." (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.72 - RULES GOVERNING ADMINISTRATIVE LICENSE SUSPENSIONS › Section 39.02.72.500 - RECORDS OF PROCEEDINGS

Current through August 31, 2023
01.
Records
. The Hearing Officer will make a record of hearing
			 proceedings consisting of: (4-6-23)
a. An
			 audio recording of the hearing, except in instances where the Hearing Officer
			 authorizes a different method of reporting the hearing. (4-6-23)
b. Exhibits and other items of evidentiary
			 nature. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.72 - RULES GOVERNING ADMINISTRATIVE LICENSE SUSPENSIONS › Section 39.02.72.600 - FINAL ORDER REQUEST FOR RECONSIDERATION

Current through August 31, 2023
The Hearing Officer will make Findings of Fact, Conclusions of
				Law and Order either sustaining or vacating the license suspension in question
				following the hearing. A request for reconsideration will be made within
				fourteen (14) days of the issuance of the Findings of Fact, Conclusions of Law
				and Order. The request for reconsideration will contain a request to submit new
				evidence if the party wishes the hearing officer to consider any new evidence.
				(4-6-23)
01.
Mailing Final
			 Order
. The Findings of Fact, Conclusions of Law and Order is issued when
			 a copy is deposited in the United States Mail addressed to the petitioner or
			 the petitioner's attorney or e-mailed to the petitioner or the petitioner's
			 attorney. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.72 - RULES GOVERNING ADMINISTRATIVE LICENSE SUSPENSIONS › Section 39.02.72.700 - FAILURE TO APPEAR

Current through August 31, 2023
01.
Proposed
			 Order of Default
. Should the petitioner fail to appear at the scheduled
			 hearing, either in person or through an attorney, the Hearing Officer will
			 promptly issue a notice of proposed order of default. This notice is deemed
			 served when mailed or e-mailed to the petitioner or petitioner's attorney at
			 the address shown in the request for hearing, or if no address was provided,
			 the notice will be mailed to the most current address contained in the
			 petitioner's driver's license records. (4-6-23)
02.
Filing Petition
. The
			 petitioner may, within seven (7) days of service of the notice of proposed
			 order of default, file a petition requesting that the order of default not be
			 entered and stating the grounds for such a request. If the Hearing Officer
			 grants the petitioner's request, the hearing will be rescheduled. Granting the
			 petitioner's request will not stay or vacate the suspension. (4-6-23)
03.
Denied Petitions
. If the
			 Hearing Officer denies the petitioner's request that the default order not be
			 entered, the Hearing Officer will make a determination to sustain or vacate the
			 suspension based upon the documentary record submitted by the Department.
			 (4-6-23)
04.
Attending a
			 Hearing
. A petitioner or witness will be deemed to have appeared if
			 present within fifteen (15) minutes after the time the Hearing Officer is ready
			 to begin the hearing. In the case of a telephone hearing, the petitioner or
			 witness will be deemed to have appeared if contacted by telephone on the second
			 attempt to do so within a fifteen (15) minute period from the commencement of
			 the hearing. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.72 - RULES GOVERNING ADMINISTRATIVE LICENSE SUSPENSIONS › Section 39.02.72.800 - FORMS

Current through August 31, 2023
Each law enforcement agency will use the forms supplied by the
				Department in carrying out the requirements of Section
				18-8002A, Idaho Code, and this
				Rule. However, the sworn statement may be in the form of a law enforcement
				agency's affidavit of probable cause or equivalent document, so long as it
				contains the elements directed by Section
				18-8002A, Idaho Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.75 - RULES GOVERNING NAMES ON DRIVERS' LICENSES AND IDENTIFICATION CARDS › Section 39.02.75.000 - LEGAL AUTHORITY

Current through August 31, 2023
Under the authority of Sections
				49-201,
				49-306,
				49-315,
				49-318,
				49-319, and
				49-2443, Idaho Code, the
				Department adopts the following rule. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.75 - RULES GOVERNING NAMES ON DRIVERS' LICENSES AND IDENTIFICATION CARDS › Section 39.02.75.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. This rule is titled IDAPA 39.02.75 "Rules Governing Names
			 on Drivers' Licenses and Identification Cards," IDAPA 39, Title 02, Chapter 75.
			 (3-31-22)
02.
Scope
.
			 The purpose of this rule is to provide procedures and criteria for County
			 Sheriffs and the Idaho Transportation Department to record and format names,
			 and to allow surnames and hyphenated names on drivers' licenses and
			 identification cards. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.75 - RULES GOVERNING NAMES ON DRIVERS' LICENSES AND IDENTIFICATION CARDS › Section 39.02.75.100 - GENERAL PROVISIONS

Current through August 31, 2023
01.
Punctuation Marks
. The only punctuation marks which may be used in
			 a name are the comma (,), apostrophe ('), and the hyphen (-). A hyphen is
			 allowed in the last name only, and may occur once. A comma can only be used
			 between the last name and the first name. (3-31-22)
02.
Full Name Requirements
. If a
			 full name has more characters than the department automated system allows, the
			 last name and first name must be written out fully. The middle name can be
			 initialized and then the full middle name entered on the comment line of the
			 application. If there is a designator, it will follow the middle initial. If
			 the name still has more characters than the department automated system allows,
			 the first and middle names can be initialized and the full first and middle
			 names entered on the comment line of the application. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.75 - RULES GOVERNING NAMES ON DRIVERS' LICENSES AND IDENTIFICATION CARDS › Section 39.02.75.200 - CRITERIA

Current through August 31, 2023
01.
Legal Name
. The name on the
			 certified original birth certificate will be used unless a name changes due to:
			 (3-31-22)
a. Marriage; (3-31-22)
b. Divorce; or (3-31-22)
c. Court Order. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.75 - RULES GOVERNING NAMES ON DRIVERS' LICENSES AND IDENTIFICATION CARDS › Section 39.02.75.300 - PROCEDURES

Current through August 31, 2023
01.
Verification of Name
.
			 First-time applicants for a driver's license or identification card must
			 provide the County Sheriff's issuing office with one (1) of the following in
			 order to verify their name: (3-31-22)
a.
			 Original certified copy of the birth certificate; (3-31-22)
b. Court order; (3-31-22)
c. Original certified copy of the marriage
			 license; (3-31-22)
d. Divorce
			 decree (if applicable); (3-31-22)
e. Driver's license from another state or
			 country that is current or if expired, has been expired for less than five (5)
			 years; or (3-31-22)
f. A valid,
			 unexpired passport. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.76 - RULES GOVERNING DRIVER'S LICENSE AND IDENTIFICATION CARD RENEWAL-BY-MAIL AND ELECTRONIC RENEWAL AND REPLACEMENT PROCESSES › Section 39.02.76.000 - LEGAL AUTHORITY

Current through August 31, 2023
In accordance with Sections
				49-201,
				49-318,
				49-319(10), and
				49-2444, Idaho Code, the Idaho
				Transportation Board adopts the following rule to establish a process that may
				allow Idaho residents to renew or replace their drivers' licenses and
				identification cards by mail or electronically. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.76 - RULES GOVERNING DRIVER'S LICENSE AND IDENTIFICATION CARD RENEWAL-BY-MAIL AND ELECTRONIC RENEWAL AND REPLACEMENT PROCESSES › Section 39.02.76.001 - PURPOSE

Current through August 31, 2023
This rule establishes standards by which driver's licenses and
				identification cards may be renewed or replaced by mail or electronically.
				(7-1-23)T
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.76 - RULES GOVERNING DRIVER'S LICENSE AND IDENTIFICATION CARD RENEWAL-BY-MAIL AND ELECTRONIC RENEWAL AND REPLACEMENT PROCESSES › Section 39.02.76.011 - ELIGIBILITY FOR RENEWAL AND REPLACEMENT

Current through August 31, 2023
01.
Eligibility
. Licenses or identification cards may be renewed by
			 mail or electronically for four (4) or eight (8) years if an applicant meets
			 the following criteria: (7-1-23)T
a. The
			 renewal expiration date does not exceed a period of sixteen (16) years from an
			 applicant's most recent in-person renewal. (7-1-23)T
b. For driver's licenses only, the renewal
			 expiration date does not extend beyond an applicant's seventieth (70th)
			 birthday. (7-1-23)T
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.80 - RULES GOVERNING MOTOR CARRIER FINANCIAL RESPONSIBILITY › Section 39.02.80.001 - PURPOSE

Current through August 31, 2023
This rule establishes the amount of liability coverage to be
				carried by motor carriers for personal injury suffered by one (1) person while
				being transported in a vehicle, any additional amounts for all persons
				receiving personal injury, and such amount for damage to the property of any
				person other than the insured. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.80 - RULES GOVERNING MOTOR CARRIER FINANCIAL RESPONSIBILITY › Section 39.02.80.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The Idaho Transportation Board incorporates by reference
				49 CFR
				171.8,
				49 CFR
				172.101 and its appendix,
				49 CFR
				173.403,
				49 CFR
				387 and
				49 CFR
				387.5, published in the Code of Federal
				Regulations volume dated October 1, 1997. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.80 - RULES GOVERNING MOTOR CARRIER FINANCIAL RESPONSIBILITY › Section 39.02.80.010 - DEFINITIONS

Current through August 31, 2023
01.
Common Carrier
. Any person
			 who holds itself out to the general public to engage in the transportation by
			 motor vehicle in commerce in the state of Idaho of passengers or property for
			 compensation. (3-31-22)
02.
Contract Carrier
. Any person who, under individual contracts or
			 agreements, engages in the transportation by motor vehicle of passengers or
			 property in commerce in the state of Idaho for compensation.
			 (3-31-22)
03.
Environmental
			 Restoration
. See 49
			 CFR 387.5. (3-31-22)
04.
Hazardous Material
. See
			 49 CFR
			 171.8,
			 49 CFR
			 172.101, and
			 49 CFR
			 173. (3-31-22)
05.
Injury
. Harm to the body,
			 sickness, or disease resulting from a motor carrier accident, including death
			 from an injury. (3-31-22)
06.
Interstate Carrier
. Any person who owns or operates any motor
			 vehicle in the state of Idaho or on the highways of the state of Idaho, in
			 commerce between the States, or between the States and a foreign Nation, used
			 or maintained for the transportation of persons or property.
			 (3-31-22)
07.
Private
			 Carrier
. Any person not included in the terms "common carrier" or
			 "contract carrier" who or which transports in commerce in the state of Idaho by
			 motor vehicle property of which such person is the owner, lessee, or bailee,
			 when such property is for the purpose of sale, lease, rent or bailment, or in
			 the furtherance of any commercial enterprise; provided, that a motor vehicle of
			 a private carrier, not in excess of eight thousand (8,000) pounds gross vehicle
			 weight, not engaged in the transport of a hazardous substance, is exempt.
			 (3-31-22)
08.
Property
			 Damage
. Damage to or loss of use of tangible property.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.80 - RULES GOVERNING MOTOR CARRIER FINANCIAL RESPONSIBILITY › Section 39.02.80.020 - INSURANCE REQUIREMENTS

Current through August 31, 2023
01.
Insurance
			 Required
. No motor carrier subject to the jurisdiction of the Department
			 may transport property or passengers until the carrier has obtained and has in
			 effect the minimum levels of insurance or a surety bond set forth in this rule.
			 (3-31-22)
02.
Passenger
			 Carriers
. The minimum levels of insurance or surety bond coverage (for
			 injury, death, or property damage) in any one (1) accident for common/contract
			 passenger carriers are: (3-31-22)
a. For any
			 vehicle with a seating capacity of twenty-five (25) passengers or more -- five
			 million dollars ($5,000,000); (3-31-22)
b. For any vehicle with a seating capacity of
			 twenty-four (24) passengers or less -- one million, five hundred thousand
			 ($1,500,000). (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.80 - RULES GOVERNING MOTOR CARRIER FINANCIAL RESPONSIBILITY › Section 39.02.80.021 - CERTIFICATES OF INSURANCE

Current through August 31, 2023
01.
Filing
. Common/contract carriers and interstate carriers who
			 participate in the base state agreement by registering in Idaho as their base
			 state must file with or be verified by the Department certificates that the
			 insurance or bond described by the certificate of insurance is in effect for
			 the account of the motor carrier. (3-31-22)
02.
Forms
. The certificates for
			 intrastate common/contract carriers must be either Form E, Department Form E-1,
			 or W.C. 3091 that is completed and signed by the insurance company's
			 underwriting department or its authorized representative. (3-31-22)
03.
Coverage
. Policies of
			 insurance and surety bonds required and filed with or verified by the
			 Department remain in effect as described on the certificate until terminated
			 according to Section
			 49-1233(3), Idaho
			 Code. When certificates of insurance show that insurance has lapsed, the
			 Department shall refuse to renew the carrier's vehicle registrations or revoke
			 the carrier's motor vehicle registrations under the authority of Section
			 49-202(10)(12),
			 Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.01 - RULES GOVERNING DEFINITIONS REGARDING SPECIAL PERMITS › Section 39.03.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. This rule is titled IDAPA 39.03.01, "Rules Governing
			 Definitions Regarding Special Permits," IDAPA 39, Title 03, Chapter 01.
			 (3-31-22)
02.
Scope
.
			 This rule gives the definitions for terms used in rules in IDAPA 39, Title 03
			 regarding special permitting. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.02 - RULES GOVERNING MOVEMENT OF DISABLED VEHICLES › Section 39.03.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
This rule, governing the movement of disabled vehicles allowed
				by Sections
				49-1001,
				49-1002 or
				49-1010, Idaho Code, is adopted
				under the authority of Sections
				40-312 and
				49-1004, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.02 - RULES GOVERNING MOVEMENT OF DISABLED VEHICLES › Section 39.03.02.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. This rule is titled IDAPA 39.03.02, "Rules Governing
			 Movement of Disabled Vehicles," IDAPA 39, Title 03, Chapter 02.
			 (3-31-22)
02.
Scope
.
			 This rule provides the requirements for the movement of disabled vehicles.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.02 - RULES GOVERNING MOVEMENT OF DISABLED VEHICLES › Section 39.03.02.010 - DEFINITIONS

Current through August 31, 2023
Refer to IDAPA 39.03.01, "Rules Governing Definitions Regarding
				Special Permits," for definitions of the terms used in this rule.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.02 - RULES GOVERNING MOVEMENT OF DISABLED VEHICLES › Section 39.03.02.100 - GENERAL

Current through August 31, 2023
Refer to IDAPA 39.03.03, "Rules Governing Special Permits -
				General Conditions and Requirements," for conditions required for the issuance
				of special permits. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.02 - RULES GOVERNING MOVEMENT OF DISABLED VEHICLES › Section 39.03.02.300 - HAZARDOUS TRAVEL CONDITIONS RESTRICTIONS

Current through August 31, 2023
Refer to IDAPA 39.03.03, "Rules Governing Special Permits -
				General Conditions and Requirements," for limitations on travel during
				hazardous conditions. (3-31-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.03 - RULES GOVERNING SPECIAL PERMITS - GENERAL CONDITIONS AND REQUIREMENTS › Section 39.03.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
This rule, governing the movement of vehicles or loads that are
				in excess of the sizes or weights allowed by Sections
				49-1001,
				49-1002 or
				49-1010, Idaho Code, is adopted
				under the authority of Sections
				40-312,
				49-201,
				49-1001,
				49-1004, and
				49-1005 Idaho Code.
				(3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.03 - RULES GOVERNING SPECIAL PERMITS - GENERAL CONDITIONS AND REQUIREMENTS › Section 39.03.03.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. This rule is titled IDAPA 39.03.03, "Rules Governing Special
			 Permits - General Conditions and Requirements," IDAPA 39, Title 03, Chapter 03.
			 (3-21-22)
02.
Scope
.
			 This rule states the general conditions and requirements for special permits.
			 (3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.03 - RULES GOVERNING SPECIAL PERMITS - GENERAL CONDITIONS AND REQUIREMENTS › Section 39.03.03.010 - DEFINITIONS

Current through August 31, 2023
Refer to IDAPA 39.03.01, "Rules Governing Definitions Regarding
				Special Permits," for definitions of the terms used in this rule.
				(3-21-22)
01.
Loaded
			 Truck
. A truck or truck combination equipped with VLS axles shall be
			 considered to be hauling a load when VLS axles need to be fully deployed to
			 reduce loads on fixed axles and groups of axles that would otherwise exceed
			 legally prescribed weight limits as set forth in Section
			 49-1001, Idaho Code.
			 (3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.03 - RULES GOVERNING SPECIAL PERMITS - GENERAL CONDITIONS AND REQUIREMENTS › Section 39.03.03.050 - SAFETY INSPECTION REQUIREMENTS FOR PERMITTED VEHICLES AND/OR LOADS

Current through August 31, 2023
01.
Inspections
. All vehicles,
			 tractors, trailers, and dolly converters operating under the authority of a
			 special permit issued by the Department must have a valid annual inspection at
			 the time a permit is issued. The inspection shall be completed in compliance
			 with 49 CFR Part 396.17 . (3-21-22)
02.
Inspectors
. Inspectors
			 completing required annual inspections shall meet the certifications
			 requirement in 49 CFR
			 396.19 and brake inspector qualification in
			 49 CFR
			 396.25. (3-21-22)
03.
Drivers
. All drivers shall
			 meet the special training requirements for Longer Combination Vehicles as
			 outlined in 49 CFR Part 380 . (3-21-22)
04.
Motor Carriers
. By applying
			 for a special permit, motor carriers self-certify that they have performed
			 inspections as set forth in 49 CFR Part 396.17 . (3-21-22)
05.
Exemption
. Oversize vehicles
			 and/or loads operating under an exemption outlined in Section
			 67-2901B (2),
			 Idaho Code, are exempt from this safety inspection requirement.
			 (3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.03 - RULES GOVERNING SPECIAL PERMITS - GENERAL CONDITIONS AND REQUIREMENTS › Section 39.03.03.060 - BRAKES

Current through August 31, 2023
Brakes shall meet the Federal Motor Carrier Safety Regulations
				and shall be maintained to the Federal Motor Vehicle Safety Standards No. 121
				in effect at the time the commercial motor vehicle was manufactured.
				(3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.03 - RULES GOVERNING SPECIAL PERMITS - GENERAL CONDITIONS AND REQUIREMENTS › Section 39.03.03.070 - LIGHTING REQUIREMENTS FOR LOADS TRAVELING AFTER DARK

Current through August 31, 2023
Those over dimensional vehicles and/or loads traveling during
				hours of darkness shall be required to display lights to mark the extremities
				of the vehicle and/or loads and shall be in addition to those clearance lights
				required on legal size vehicles when traveling at night. (3-21-22)
01.
Standards for Lights on Oversize
			 Vehicles and/or Loads
. (3-21-22)
a.
			 Lights are required on those vehicles traveling sunset to sunrise.
			 (3-21-22)
b. The lights must be
			 visible from a minimum of five hundred (500) feet. (3-21-22)
c. The lights may be flashing or steady
			 burning. (3-21-22)
d. The color of
			 the lights shall be as follows: (3-21-22)
i.
			 Lights visible from the front of the oversized vehicle and/or loads and the
			 extremities in the middle or near the front of the oversized vehicle and/or
			 load shall be amber. (3-21-22)
ii.
			 Lights visible from the back of the oversized vehicle and/or load and the
			 extremities near the back of the oversized vehicle and/or load shall be red.
			 (3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.03 - RULES GOVERNING SPECIAL PERMITS - GENERAL CONDITIONS AND REQUIREMENTS › Section 39.03.03.080 - FLAGGING REQUIREMENTS FOR OVERSIZE VEHICLES AND/OR LOADS

Current through August 31, 2023
Warning flags for oversize vehicles and/or loads, excluding
				extra-length vehicle combinations, shall be marked by warning flags meeting the
				following: (3-21-22)
01.
Warning
			 Flags
. Warning flags are required on all overwidth vehicles and/or
			 loads, and when the rear overhang exceeds the end of the trailer by four (4')
			 feet or more. (3-21-22)
02.
Size
. Minimum size of flags is eighteen (18") inches by eighteen
			 (18") inches. (3-21-22)
03.
Color
. Red or fluorescent orange. (3-21-22)
04.
Placement of Flags
. On
			 overwidth vehicles and/or loads flags shall be placed at the four (4) corners
			 and/or extremities of the vehicle and/or load as follows: (3-21-22)
a. Front. Fastened to each front corner of
			 the oversized vehicle and/or load if it exceeds legal width.
			 (3-21-22)
b. Rear. Fastened to each
			 rear corner of the oversized vehicle and/or load if it exceeds legal width.
			 (3-21-22)
c. Side. Fastened to mark
			 any extremity, when extremity is wider than the front or the rear of the
			 vehicle and/or load. (3-21-22)
d.
			 Overhang. If the overhang is two (2') feet wide or less, only one (1) flag is
			 required on the end of the overhang. If the overhang is over two (2') feet
			 wide, two (2) flags are required on the end of the overhang to show the maximum
			 width of the overhang. (3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.03 - RULES GOVERNING SPECIAL PERMITS - GENERAL CONDITIONS AND REQUIREMENTS › Section 39.03.03.090 - SIGN REQUIREMENTS FOR VEHICLES COMBINATIONS INCLUSIVE OF LOAD

Current through August 31, 2023
Refer to IDAPA39.03.05, "Rules Governing Special Permits -
				Oversize Non-Reducible," for conditions in this rule. (3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.03 - RULES GOVERNING SPECIAL PERMITS - GENERAL CONDITIONS AND REQUIREMENTS › Section 39.03.03.100 - RESPONSIBILITY OF ISSUING AUTHORITY

Current through August 31, 2023
01.
Primary
			 Concerns
. The primary concern of the Department, in the issuance of
			 special permits, shall be the safety and convenience of the general public and
			 the preservation of the highway system. (3-21-22)
02.
Permit Issuance
. The
			 Department shall, in each case, predicate the issuance of a special permit on a
			 reasonable determination of the necessity and feasibility of the proposed
			 movement. (3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.03 - RULES GOVERNING SPECIAL PERMITS - GENERAL CONDITIONS AND REQUIREMENTS › Section 39.03.03.200 - AUTHORITY TO ISSUE PERMITS

Current through August 31, 2023
The authority to issue permits on state highways is described
				in Subsection 200.01.
				Subsection 200.02 describes the
				Department's authority to issue special permits on local jurisdiction highways
				pursuant to an agreement between the Department and the local highway
				jurisdictions. (3-21-22)
01.
Special Permit
. The special permit authority of the Department
			 shall cover travel on state highways only and special permits issued by the
			 Department shall be valid only on completed sections of state highway,
			 described on the permit by route number or otherwise. The right to use county
			 highways or city streets is neither granted nor implied. The special permit
			 authority of the Department shall include those sections of state highways
			 within corporate limits of cities and towns, but will not include sections of
			 state highways intersecting with local highways, when travel is occurring on
			 the local highway(s). Contractors hauling loads within the limits of state
			 highway construction projects do not require special permits, but the loads
			 must comply with the weight limits specified in the state highway contract.
			 (3-21-22)
02.
Authority
. Special permit authority agreed to by the Department
			 and local highway jurisdiction shall include travel on the local jurisdiction's
			 highways under the rules of this title, IDAPA 39.03.03, "Rules Governing
			 Special Permits - General Conditions and Requirements." (3-21-22)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.03.03 - RULES GOVERNING SPECIAL PERMITS - GENERAL CONDITIONS AND REQUIREMENTS › Section 39.03.03.300 - OFFICES FOR ISSUANCE OF SPECIAL PERMITS

Current through August 31, 2023
The Department shall maintain a centralized special permit
				office at the Department Headquarters, making permits available electronically
				at the following listed office and Ports of Entry throughout the State. Permits
				will be available Monday through Friday, state holidays excluded, from 7:30
				a.m. to 5 p.m. Mountain Time. Special permits can also be obtained online at
itd.idaho.gov
or by phone. (3-21-22)
01.
Headquarters
.
Idaho Transportation Department
Special Permit Office
P.O. Box 7129
3311 West State Street
Boise, Idaho 83707-1129
(208) 334-8420 (3-21-22)
02.
Huetter Port of Entry, District
			 One
.
Mile Post 8.5 I-90
Coeur d'Alene, Idaho 838145
(208) 769-1551 (3-21-22)
03.
Lewiston Port of Entry, District
			 Two
.
33443 US Hwy 95
Lewiston, Idaho 83501-0837
(208) 799-4824 (3-21-22)
04.
East Boise Port of Entry, District
			 Three
.
Mile Post 66.5 I-84 EB
Boise, Idaho 83634
(208) 334-3272 (3-21-22)
05.
Cotterell Port of Entry, District
			 Four
.
Mile Post 229 I-84 EB
Cotterell, Idaho 8323
(208) 349-5650 (3-21-22)
06.
Inkom Port of Entry, District
			 Five
.
Mile Post 59 I-15 NB
Inkom, Idaho 83245
(208) 775-3322 (3-21-22)
07.
Sage Junction Port of Entry,
			 District Six
.
2452 E 1500 N
Terreton, Idaho 83450
(208) 228-3636 (3-21-22)