The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
title-49•Title 49 — Motor Vehicles
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
Words and phrases used in this title are defined in sections 49-102 through 49-127, Idaho Code. Words used in the masculine gender include the feminine gender, and the singular number includes the plural, as well as the plural the singular.
[49-101, added 1988, ch. 265, sec. 2, p. 550.]
(1) "Abandon" means to leave a vehicle on private property without the permission of the person having rights to the possession of the property, or on a highway or other property open to the public for the purposes of vehicular traffic or parking, or on or within the right-of-way of any highway, for twenty-four (24) hours or longer.
(2) "Abandoned vehicle" means any vehicle observed by an authorized officer or reported by a member of the public to have been left within the limits of any highway or on the property of another without the consent of the property owner for a period of twenty-four (24) hours or longer, except that a vehicle shall not be considered abandoned if its owner-operator is unable to remove it from the place where it is located and has notified a law enforcement agency and requested assistance.
(3) "Accident" means any event that results in an unintended injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load, a snowmobile or special mobile equipment.
(4) "Actual physical control" means being in the driver’s position of a motor vehicle with the motor running or the vehicle moving.
(5) "Administrator" means the federal highway administrator, the chief executive of the federal highway administration, an agency within the U.S. department of transportation.
(6) "Age of a motor vehicle" means the age determined by subtracting the manufacturer’s year designation of the vehicle from the year in which the designated registration fee is paid. If the vehicle has the same manufacturer’s year designation as the year in which the fee is paid, or if a vehicle has a manufacturer’s year designation later than the year in which the fee is paid, the vehicle shall be deemed to be one (1) year old.
(7) "Agricultural products" means the following unprocessed products:
(a) Agricultural, horticultural, floricultural and viticultural products;
(b) Fruits and vegetable products;
(c) Field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant by-products, plant waste and plant compost;
(d) Livestock, dairy animals, swine, furbearing animals, poultry, eggs, fish and other aquatic species;
(e) Other animals, animal products and animal by-products, animal waste and animal compost; and
(f) Bees, bee products and bee by-products.
(8) "Air-conditioning equipment" means mechanical vapor compression refrigeration equipment that is used to cool the driver’s or passenger’s compartment of any motor vehicle.
(9) "Alcohol" or "alcoholic beverage" means:
(a) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code;
(b) Wine of not less than one-half of a percent (0.5%) of alcohol by volume; or
(c) Distilled spirits as defined in 26 U.S.C. 5002(a)(8), of the Internal Revenue Code.
(10) "Alley" means a public way of limited use intended only to provide access to the rear or side of lots or buildings in urban districts.
(11) "All-terrain vehicle" or "ATV" means an all-terrain vehicle or ATV as defined in section 67-7101, Idaho Code.
(12) "Amateur radio operator." (See "Radio operator, amateur," section 49-119, Idaho Code)
(13) "Ambulance" means a motor vehicle designed and used primarily for the transportation of injured, sick, or deceased persons on stretchers, cots, beds, or other devices for carrying persons in a prone position.
(14) "Applicant" means an individual who applies to obtain, transfer, upgrade, or renew a driver’s license.
(15) "Approved driver training course" means a training course from a school licensed under the provisions of chapter 54, title 54, Idaho Code, or a driver training course approved by another United States jurisdiction, provided the course was taken while an individual was a resident of that United States jurisdiction.
(16) "Approved testing agency" means a person, firm, association, partnership or corporation approved by the director of the Idaho state police that is:
(a) In the business of testing equipment and systems;
(b) Recognized by the director as being qualified and equipped to do experimental testing; and
(c) Not under the jurisdiction or control of any single manufacturer or supplier for an affected industry.
(17) "Armed forces" means the army, navy, marine corps, coast guard, space force, and the air force of the United States.
(18) "Authorized emergency vehicle." (See "Vehicle," section 49-123, Idaho Code)
(19) "Authorized officer" means any member of the Idaho state police, or any regularly employed and salaried deputy sheriff, or other county employee designated to perform the function of removing abandoned vehicles or junk vehicles by the board of county commissioners of the county in which a vehicle is located, or any regularly employed and salaried city peace officer or other city employee designated to perform the function of removing abandoned vehicles or junk vehicles by the city council, or a qualified person deputized or appointed by the proper authority as reserve deputy sheriff or city policeman, authorized within the jurisdiction in which the abandoned vehicle or junk vehicle is located.
(20) "Authorized transportation department employee" means any employee appointed by the board to perform duties relating to enforcement of vehicle laws as have been specifically defined and approved by order of the board pursuant to section 40-510, Idaho Code.
(21) "Auto transporter" means a vehicle combination constructed for the purpose of transporting vehicles.
(22) "Autocycle" means a motor vehicle designed to travel on not more than three (3) wheels in contact with the ground and that has a steering wheel and seating that does not require the operator to straddle or sit astride.
[49-102, added 1988, ch. 265, sec. 2, p. 551; am. 1989, ch. 88, sec. 1, p. 152; am. 1990, ch. 391, sec. 1, p. 1092; am. 1991, ch. 288, sec. 1, p. 739; am. 1992, ch. 238, sec. 1, p. 708; am. 1993, ch. 334, sec. 1, p. 1234; am. 1995, ch. 116, sec. 25, p. 405; am. 2000, ch. 469, sec. 107, p. 1559; am. 2003, ch. 87, sec. 1, p. 266; am. 2008, ch. 18, sec. 1, p. 25; am. 2008, ch. 409, sec. 1, p. 1125; am. 2009, ch. 157, sec. 2, p. 458; am. 2011, ch. 158, sec. 1, p. 443; am. 2015, ch. 208, sec. 1, p. 636; am. 2015, ch. 230, sec. 1, p. 722; am. 2016, ch. 47, sec. 22, p. 116; am. 2024, ch. 266, sec. 1, p. 925.]
(1) "Bicycle" means every vehicle propelled exclusively by human power upon which any person may ride, having two (2) tandem wheels, and except scooters and similar devices.
(2) "Board" means the Idaho transportation board.
(3) "Boat transporter" means any vehicle combination designed and used specifically to transport assembled boats and boat hulls.
(4) "Boot" means a device used by a towing company or other entity to temporarily immobilize or disable a motor vehicle for purposes of enforcing parking restrictions.
(5) "Broker" means a person who, for a fee, commission, or other valuable consideration, arranges or offers to arrange a transaction involving the sale, but not resale, of a new vehicle, and who is not:
(a) A representative or an agent or employee of a representative;
(b) A distributor, agent or employee of a distributor; or
(c) At any point in the transaction, the owner of the vehicle involved in the transaction.
(6) "Bus" means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a "bus" under the provisions of this title relating to equipment requirements, rules of the road, or registration.
(7) "Business district." (See "District", section 49-105, Idaho Code)
(8) "Buy." (See "Sell", "sold", and "purchase", section 49-120, Idaho Code)
[49-103, added 1988, ch. 265, sec. 2, p. 552; am. 1989, ch. 408, sec. 1, p. 996; am. 1991, ch. 272, sec. 1, p. 686; am. 2018, ch. 324, sec. 2, p. 754.]
(1) "Cancellation of driver’s license" means the annulment or termination by formal action of the department of a person’s driver’s license because of some error or defect in the driver’s license or because the licensee is no longer entitled to the driver’s license. The cancellation of a driver’s license is without prejudice and after compliance with requirements, the individual may apply for a new driver’s license at any time after cancellation.
(2) "Caravaning" means the transportation of any motor vehicle into, out of, or within the state operating on its own wheels or in tow for the purpose of sale or offer of sale by any agent, dealer, manufacturer’s representative, purchaser, or prospective purchaser, regardless of residence unless the motor vehicle is licensed by the state of Idaho, or is owned by an automobile dealer, duly licensed as a dealer by this state. It shall also be considered as the transportation of property for hire by a motor vehicle upon the highways of this state.
(3) "Certificate of liability insurance" means a certificate of liability insurance issued by an insurance company authorized to do business in this state or a certificate of liability insurance issued by the department of insurance which demonstrates current insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by accident and arising out of the operation, maintenance or use of a motor vehicle described in the certificate in an amount not less than that required by section 49-117(20), Idaho Code, and also demonstrates the current existence of any other coverage required by title 41, Idaho Code, or a certificate of self-insurance issued pursuant to law for each motor vehicle to be registered. A certificate of liability insurance shall contain the information required by the department of insurance, including the name and address of the owner of the motor vehicle and a description of the motor vehicle including identification number if there is one, or a statement that all vehicles owned by a person or entity are covered by insurance, the inception date of coverage, and the name of the insurer. "Certificate of liability insurance" may also include the original contract of liability insurance or a true copy, demonstrating the current existence of the liability insurance described in this subsection.
(4) "Certification of safety compliance" means that a motor carrier certifies as part of its registration process that it has knowledge of the federal regulations and rules promulgated by the Idaho transportation department and the Idaho state police applicable to motor carriers.
(5) "Chains" means metal traction devices required pursuant to section 49-948, Idaho Code, which consist of two (2) circular metal loops, one (1) on each side of the tire, connected by not less than nine (9) evenly spaced chains across the tire tread.
(6) "Coerce" means to compel or attempt to compel by threat or use of force.
(7) "Commercial coach." (See section 39-4301, Idaho Code)
(8) "Commercial driver’s license" means any class A, class B or class C driver’s license as defined in section 49-105, Idaho Code.
(9) "Commercial driver license information system (CDLIS)" is the information system established to serve as a clearinghouse for locating information related to the licensing and identification of motor vehicle drivers.
(10) "Commercial driver training school" means a business enterprise conducted by an individual, association, partnership, or corporation, for the education and training of persons, either practically or theoretically, or both, to operate or drive motor vehicles, and charging a consideration or tuition for such services.
(11) "Commercial learner’s permit" means a permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383.5, that when carried with a valid driver’s license issued by the same state or jurisdiction, authorizes the individual to operate a commercial vehicle when accompanied by a holder of a valid commercial driver’s license (CDL) for purposes of behind-the-wheel training.
(12) "Commercial vehicle" or "commercial motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
(13) "Compliance review" means an on-site examination of motor carrier operations, which may be at the carrier’s place of business, including driver’s hours of service, vehicle maintenance and inspection, driver qualifications, commercial driver’s license requirements, financial responsibility, accidents, hazardous materials, and such other related safety and transportation records to determine safety fitness.
(14) "Controlled substance" means any substance so classified under section 102(6) of the controlled substances act, 21 U.S.C. 802(6), and includes all substances listed on schedules I through V, of 21, CFR part 1308, as they may be revised from time to time.
(15) "Conviction" means:
(a) The person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment. A conviction for purposes of this title shall also include an infraction judgment.
(b) For purposes of disqualification or withdrawal of commercial vehicle driving privileges only, "conviction" means an unvacated adjudication of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.
(16) "Crosswalk" means:
(a) That part of a highway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable highway; and in the absence of a sidewalk on one side of the highway, that part of a highway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline.
(b) Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
[49-104, added 1988, ch. 265, sec. 2, p. 552; am. 1989, ch. 88, sec. 2, p. 154; am. 1989, ch. 310, sec. 1, p. 770; am. 1990, ch. 45, sec. 2, p. 72; am. 1996, ch. 370, sec. 1, p. 1245; am. 1998, ch. 110, sec. 5, p. 381; am. 1999, ch. 81, sec. 2, p. 239; am. 1999, ch 383, sec. 3, p. 1054; am. 2000, ch. 469, sec. 108, p. 1561; am. 2005, ch. 83, sec. 1, p. 296; am. 2007, ch. 252, sec. 6, p. 743; am. 2008, ch. 330, sec. 1, p. 902; am. 2010, ch. 49, sec. 1, p. 89; am. 2011, ch. 327, sec. 1, p. 952; am. 2015, ch. 54, sec. 1, p. 127; am. 2017, ch. 147, sec. 5, p. 364.]
(1) "Dealer" means every person in the business of buying, selling or exchanging five (5) or more new or used vehicles, new or used neighborhood electric vehicles, new or used motorcycles, motor-driven cycles, snow machines or motorbikes, travel trailers, truck campers, all-terrain vehicles, utility type vehicles or motor homes in any calendar year, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise, or who has an established place of business for the sale, lease, trade, or display of these vehicles. No insurance company, bank, finance company, public utilities company, or other person coming into possession of any vehicle, as an incident to its regular business, who shall sell that vehicle under any contractual rights it may have, shall be considered a dealer. See also "salvage pool," section 49-120, Idaho Code.
(2) "Dealer’s selling agreement." (See "Franchise," section 49-107, Idaho Code)
(3) "Department" means the Idaho transportation department acting directly or through its duly authorized officers and agents, except in chapters 6 and 9, title 49, Idaho Code, where the term means the Idaho state police, except as otherwise specifically provided.
(4) "Designated family member" means the spouse, child, grandchild, parent, brother or sister of the owner of a vehicle dealership who, in the event of the owner’s death, is entitled to inherit the ownership interest in the dealership under the same terms of the owner’s will, or who has been nominated in any other written instrument, or who, in the case of an incapacitated owner of a dealership, has been appointed by a court as the legal representative of the dealer’s property.
(5) "Director" means the director of the Idaho transportation department, except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the director of the Idaho state police.
(6) "Disclose" means to engage in any practice or conduct to make available and make known personal information contained in records of the department about a person to any other person, organization or entity, by any means of communication.
(7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by the department of commercial vehicle driving privileges.
(8) "Distributor" means any person, firm, association, corporation or trust, resident or nonresident, who has a franchise from a manufacturer of vehicles to distribute vehicles in this state, and who in whole or in part sells or distributes new vehicles to dealers or who maintains distributor representatives.
(9) "Distributor branch" means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained.
(10) "Distributor representative" means any person, firm, association, corporation or trust, and each officer and employee thereof engaged as a representative of a distributor or distributor branch of vehicles for the purpose of making or promoting the sale of vehicles, or for supervising or contacting dealers or prospective dealers.
(11) "District" means:
(a) Business district. The territory contiguous to and including a highway when within any six hundred (600) feet along the highway there are buildings in use for business or industrial purposes, including hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the highway.
(b) Residential district. The territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred (300) feet or more is in the main improved with residences, or residences and buildings in use for business.
(c) Urban district. The territory contiguous to and including any highway which is built up with structures devoted to business, industry or dwelling houses. For purposes of establishing speed limits in accordance with the provisions of section 49-654, Idaho Code, no state highway or any portion thereof lying within the boundaries of an urban district is subject to the limitations which otherwise apply to nonstate highways within an urban district.
(12) "Documented vessel" means a vessel having a valid marine document as a vessel of the United States.
(13) "Downgrade" as it pertains to commercial drivers licensing shall mean either:
(a) The driver has changed his or her medical requirement self-certification to interstate but operates exclusively in transportation or operations excepted from part 391 of the federal motor carrier safety regulations; or
(b) The driver has changed his or her medical requirement self-certification to intrastate and operates exclusively in transportation or operations as listed in section 67-2901B(2), Idaho Code; or
(c) The driver no longer has commercial motor vehicle driving privileges, but has retained privileges to drive noncommercial motor vehicles.
(14) "Drag race" means the operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one (1) or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicles within a certain distance or time limit.
(15) "Driver" means every person who drives or is in actual physical control of a vehicle.
(16) "Driver’s license" means a license or permit issued by the department or by any other jurisdiction to an individual which authorizes the individual to operate a motor vehicle or commercial motor vehicle on the highways in accordance with the requirements of title 49, Idaho Code.
(17) "Driver’s license — Classes of" are issued for the operation of a vehicle based on the size of the vehicle or the type of load and mean:
(a) Class A. This license shall be issued and valid for the operation of any combination of motor vehicles with a manufacturer’s gross combination weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, provided the manufacturer’s gross vehicle weight rating (GVWR) of the vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Persons holding a valid class A license may also operate vehicles requiring a class B, C or D license.
(b) Class B. This license shall be issued and valid for the operation of any single vehicle with a manufacturer’s gross vehicle weight rating (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds manufacturer’s gross vehicle weight rating (GVWR). Persons holding a valid class B license may also operate vehicles requiring a class C license or a class D license.
(c) Class C. This license shall be issued and valid for the operation of any single vehicle or combination of vehicles that does not meet the definition of class A or class B, as defined in this section, but that either is designed to transport sixteen (16) or more people including the driver, or is of any size which does not meet the definition of class A or class B and is used in the transportation of materials found to be hazardous according to the hazardous material transportation act and which requires the motor vehicle to be placarded under the federal hazardous materials regulations 49 CFR part 172, subpart F. Persons holding a valid class C license may also operate vehicles requiring a class D license.
(d) Class D. This license shall be issued and valid for the operation of a motor vehicle that is not a commercial vehicle as defined in section 49-123, Idaho Code.
(e) "Seasonal driver’s license" means a special restricted class B or C driver’s license to operate certain commercial vehicles in farm-related industries under restrictions imposed by the department. As used in this definition, "farm-related industry" shall mean custom harvesters, farm retail outlets and suppliers, agri-chemical businesses and livestock feeders. Seasonal driver’s licenses are not valid for driving vehicles carrying any quantities of hazardous material requiring placarding, except for diesel fuel in quantities of one thousand (1,000) gallons or less, liquid fertilizers, i.e., plant nutrients, in vehicles or implements of husbandry with total capacities of three thousand (3,000) gallons or less, and solid fertilizers, i.e., solid plant nutrients, that are not mixed with any organic substance.
(18) "Driver record" means any record that pertains to an individual’s driver’s license, driving permit, driving privileges, driving history, identification documents or other similar credentials issued by the department.
(19) "Driver’s license endorsements" means special authorizations that are required to be displayed on a driver’s license which permit the driver to operate certain types of commercial vehicles or commercial vehicles hauling certain types of cargo, or to operate a motorcycle or a school bus.
(a) "Endorsement T — Double/Triple trailer" means this endorsement is required on a class A, B or C license to permit the licensee to operate a vehicle authorized to tow more than one (1) trailer.
(b) "Endorsement H — Hazardous material" means this endorsement is required on a class A, B or C license if the driver is operating a vehicle used in the transportation of materials found to be hazardous according to the hazardous material transportation act and which requires the motor vehicle to be placarded under the federal hazardous materials regulations 49 CFR part 172, subpart F.
(c) "Endorsement P — Passenger" means this endorsement is required on a class A, B or C license to permit the licensee to operate a vehicle designed to transport sixteen (16) or more people including the driver.
(d) "Endorsement N — Tank vehicle" means this endorsement is required on a class A, B or C license to permit the licensee to operate a tank vehicle as defined in section 49-123, Idaho Code.
(e) "Endorsement M — Motorcycle" means this endorsement is required on a driver’s license to permit the driver to operate a motorcycle or motor-driven cycle.
(f) "Endorsement S — School bus" means this endorsement is required on a class A, B or C license to permit the licensee to operate a school bus in accordance with 49 CFR part 383, to transport preprimary, primary or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.
(20) "Driveway" means a private road giving access from a public way to a building on abutting grounds.
(21) "Dromedary tractor" means every motor vehicle designed and used primarily for drawing a semitrailer and so constructed as to carry manifested cargo in addition to a part of the weight of the semitrailer.
[49-105, added 1988, ch. 265, sec. 2, p. 554; am. 1989, ch. 88, sec. 3, p. 156; am. 1989, ch. 285, sec. 1, p. 699; am. 1989, ch. 310, sec. 2, p. 772; am. 1990, ch. 45, sec. 3, p. 74; am. 1991, ch. 89, sec. 1, p. 197; am. 1991, ch. 272, sec. 2, p. 687; am. 1992, ch. 115, sec. 1, p. 346; am. 1993, ch. 300, sec. 1, p. 1106; am. 1994, ch. 234, sec. 1, p. 729; am. 1996, ch. 270, sec. 1, p. 873; am. 1996, ch. 371, sec. 1, p. 1247; am. 1997, ch. 80, sec. 3, p. 173; am. 1997, ch. 155, sec. 1, p. 439; am. 1998, ch. 110, sec. 6, p. 383; am. 2000, ch. 469, sec. 109, p. 1563; am. 2005, ch. 183, sec. 1, p. 558; am. 2005, ch. 352, sec. 4, p. 1096; am. 2006, ch. 42, sec. 4, p. 124; am. 2008, ch. 106, sec. 1, p. 294; am. 2008, ch. 198, sec. 1, p. 630; am. 2011, ch. 60, sec. 1, p. 124; am. 2012, ch. 325, sec. 1, p. 894; am. 2014, ch. 91, sec. 1, p. 242.]
(1) "Electric-assisted bicycle" means a bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts and that meets one (1) of the following requirements:
(a) "Class 1 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases when the rider stops pedaling or when the bicycle reaches the speed of twenty (20) miles per hour.
(b) "Class 2 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour.
(c) "Class 3 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases when the rider stops pedaling or when the bicycle reaches the speed of twenty-eight (28) miles per hour.
(2) "Electric personal assistive mobility device" means a self-balancing two (2) nontandem wheeled device designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour or less.
(3) "Emergency vehicle." (See "Vehicle," section 49-123, Idaho Code)
(4) "Encumbrance." (See "Lien," section 49-113, Idaho Code)
(5) "EPA" means the environmental protection agency of the United States.
(6) "Essential parts" means all integral and body parts of a vehicle of a type required to be registered, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation.
(7) "Established place of business" means a place occupied either continuously or at regular periods by a dealer or manufacturer where his books and records are kept and a large share of his business is transacted.
(8) "Excessive" or "unusual noise" means any sound made by a passenger motor vehicle or a motorcycle at any time under any condition of grade, speed, acceleration or deceleration, which exceeds ninety-two (92) decibels, or any lower decibel level that is fixed by law or rules adopted by the board of health and welfare, on the "A" scale of a general radio company no. 1551-B sound level meter, or equivalent, stationed at a distance of not less than twenty (20) feet to the side of a vehicle or motorcycle as the vehicle or motorcycle passes the soundmeter or is stationed not less than twenty (20) feet from a stationary motor or engine.
(9) "Excessive speed" means any speed of fifteen (15) miles per hour or more above the posted speed limit, and is only for purposes of determining disqualification of commercial driving privileges.
(10) "Executive head," as used in chapter 20, title 49, Idaho Code, means the governor of the state of Idaho.
(11) "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases with which the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
(12) "Extraordinary circumstances" means any situation where an emergency exists or public safety is endangered, or any situation in which a vehicle:
(a) Is blocking or impeding traffic; or
(b) Is causing a hazard; or
(c) Has the potential of impeding any emergency vehicle; or
(d) Is impeding any snow removal or other road maintenance operation; or
(e) Has been stolen but not yet reported as recovered; or
(f) Is not registered, or displays a license plate registration tag which has been expired; or
(g) Has been involved in an accident and remains on the highway; or
(h) The driver of which has been arrested.
[49-106, added 1988, ch. 265, sec. 2, p. 555; am. 1989, ch. 88, sec. 4, p. 159; am. 1989, ch. 113, sec. 1, p. 256; am. 1990, ch. 45, sec. 4, p. 77; am. 1998, ch. 392, sec. 1, p. 1198; am. 2002, ch. 160, sec. 1, p. 466; am. 2010, ch. 171, sec. 1, p. 348; am. 2019, ch. 84, sec. 2, p. 201.]
(1) "Factory branch" means a branch office maintained by a person who manufactures or assembles vehicles for sale to distributors or to dealers, or for directing or supervising, in whole or in part, its representatives.
(2) "Factory representative" means any person and each officer and employee engaged as a representative of a manufacturer of vehicles or by a factory branch for the purpose of making or promoting a sale of their vehicles, or for supervising or contacting their dealers or prospective dealers.
(3) "Farm tractor" means every motor vehicle designed or adapted and used primarily as a farm implement power unit operated with or without other farm implements attached in any manner consistent with the structural design of that power unit.
(4) "Farm vehicle." (See "Vehicle," section 49-123, Idaho Code)
(5) "Federal motor vehicle safety standards (FMVSS)" means those safety standards established by the national highway traffic safety administration, under title 49 CFR part 500-599, for the safe construction and manufacturing of self-propelled motorized vehicles for operation on public highways. Such vehicles as originally designed and manufactured shall be so certified by the manufacturer to meet the federal motor vehicle safety standards or the standards in force for a given model year or as certified by the national highway traffic safety administration.
(6) "Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year.
(7) "Fifth wheel trailer." (See "Trailer," section 49-121, Idaho Code)
(8) "Financial institution" means any bank that is authorized to do business in the state of Idaho and any other financial institution that is registered with the department of finance.
(9) "Flammable liquid" means any liquid which has a flash point of 70 degrees Fahrenheit, or less, as determined by a tagliabue or equivalent closed-cup test device.
(10) "Fleet" means one (1) or more apportionable vehicles.
(11) "Fleet registration" means an optional form of registration through the department rather than a county assessor for registration of twenty-five (25) or more commercial or farm vehicles or any combination thereof. This registration is not an option for fleets of rental vehicles. Terms and conditions are further specified in section 49-434(5), Idaho Code.
(12) "Fold down camping trailer." (See "Trailer," section 49-121, Idaho Code)
(13) "Foreign vehicle." (See "Vehicle," section 49-123, Idaho Code)
(14) "Forest products" means all products derived from trees including, but not limited to, saw logs, veneer logs, poles, cedar products, pulp logs, fence posts, wood chips and every form into which a fallen tree may be cut before it is manufactured into lumber or run through a processing mill or cut into cordwood, stove wood or hewn ties.
(15) "Franchise" means a sales, service and parts agreement or any other contract or agreement between a dealer and a manufacturer of new vehicles or its distributor or factory branch by which the dealer is authorized to engage in the business of selling any specified make or makes of new vehicles.
(16) "Full-time salesman" means any person employed as a vehicle salesman on behalf of a dealer for thirty (30) or more hours per week, and who sells, purchases, exchanges or negotiates for the sale, purchase or exchange of five (5) or more vehicles during each year in which his license is in effect.
[49-107, added 1988, ch. 265, sec. 2, p. 556; am. 1989, ch. 88, sec. 5, p. 160; am. 1991, ch. 272, sec. 3, p. 690; am. 1998, ch. 392, sec. 2, p. 1199; am. 2008, ch. 198, sec. 2, p. 633; am. 2011, ch. 327, sec. 2, p. 953; am. 2015, ch. 208, sec. 2, p. 638.]
(1) "Good cause" means the failure of a dealer to comply with reasonable performance criteria established by a manufacturer, if the dealer was apprised by the manufacturer, in writing, of that failure; and
(a) The notification stated that notice was provided of failure of performance;
(b) The dealer was afforded a reasonable opportunity, for a period of not less than six (6) months, to comply with the criteria; and
(c) The dealer did not demonstrate substantial progress toward compliance with the performance criteria of the manufacturer during the period.
(2) "Gross combination weight rating (GCWR)" for the purposes of chapter 4, title 49, Idaho Code, means the value specified by the manufacturer as the maximum loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon or registered weight rating whichever is greater. Towed units shall not include implements of husbandry. For the purposes of chapter 3, title 49, Idaho Code, "gross combined weight rating (GCWR) is as defined in 49 CFR part 383.
(3) "Gross vehicle weight rating (GVWR)" for the purposes of chapter 4, title 49, Idaho Code, means the value specified by the manufacturer as the maximum loaded weight of a single vehicle or registered weight rating, whichever is greater. For the purposes of chapter 3, title 49, Idaho Code, "gross vehicle weight rating (GVWR) is as defined in 49 CFR part 383.
(4) "Gross weight" means the weight of a vehicle without load plus the weight of any load on that vehicle.
(5) "Group of vehicles" is one motor vehicle operated under its own motive power with one (1) motor vehicle in tow, or one or more motor vehicles in tow in saddlemount fashion, providing that saddlemounting meets the requirements prescribed by the United States department of transportation.
[49-108, added 1988, ch. 265, sec. 2, p. 557; am. 1989, ch. 88, sec. 6, p.161; am. 1992, ch. 268, sec. 1, p. 829; am. 1998, ch. 110, sec. 7, p. 386.]
(1) "Habitual violator" means any person who has a driving record that shows a violation point count of eighteen (18) or more points in any consecutive twenty-four (24) month period; or twenty-four (24) or more points in any consecutive thirty-six (36) month period.
(2) "Hazardous material" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of material listed as a select agent or toxin under 42 CFR part 73.
(3) "Hazardous waste" means a material that is subject to the hazardous waste manifest requirements of the EPA due to the type and quantity of the material or that would be subject to these requirements absent an interim authorization to the state under title 40, code of federal regulations or that includes in whole or in part polychlorinated biphenyls regulated by title 40, code of federal regulations, part 761.
(4) "Highway" means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic. The term "street" is interchangeable with highway.
(a) Arterial. Any highway designated by the local authority as part of a major arterial system of highways within its jurisdiction.
(b) Controlled-access. Any highway or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway except at such points only or in such manner as may be determined by the public authority having jurisdiction over the highway.
(c) Through. Any highway or portion of it on which vehicular traffic is given preferential right-of-way and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on the through highway in obedience to a stop sign, yield sign, or other traffic-control device.
[49-109, added 1988, ch. 265, sec. 2, p. 557; am. 1990, ch. 45, sec. 5, p. 78; am. 1994, ch. 264, sec. 1, p. 814; am. 2006, ch. 164, sec. 1, p. 489; am. 2019, ch. 213, sec. 6, p. 646.]
(1) "Identifying number" means:
(a) Motor number. That identifying number stamped on the engine of a vehicle.
(b) Vehicle identification number. The numbers and letters, if any, placed on a vehicle by the manufacturer for the purpose of identifying the vehicle.
(2) "Implements of husbandry" means every vehicle including self-propelled units, designed or adapted and used exclusively in agricultural, horticultural, dairy and livestock growing and feeding operations. Such implements include, but are not limited to, combines, discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers, harvesting and stacking equipment, pesticide applicators, plows, swathers, mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or drawing any implement of husbandry shall be construed to be an implement of husbandry. "Implements of husbandry" do not include semitrailers, nor do they include motor vehicles or trailers, unless their design limits their use to agricultural, horticultural, dairy or livestock growing and feeding operations.
(3) "Incidentally operated" means the transport of the implement of husbandry from one (1) farm operation to another.
(4) "Individual record" means a record containing personal information about a designated person who is the subject of the record as identified in a request for information.
(5) "Infraction" means a civil public offense, not constituting a crime, which is not punishable by incarceration and for which there is no right to a trial by jury or right to court-appointed counsel, and which is punishable by only a penalty not exceeding three hundred dollars ($300) and no imprisonment.
(6) "Instruction permits":
(a) "Class A, B or C instruction permit." (See "Commercial learner’s permit," section 49-104, Idaho Code)
(b) "Class D driver’s training instruction permit" means a temporary privilege to operate a class D motor vehicle while attending classes as an enrollee of a public or private driver’s training course only; is available to a person aged fourteen and one-half (14 1/2) years and older; is issued to the instructor of the driver’s training course; is issued and expires pursuant to the provisions of section 49-307, Idaho Code; and the permittee is subject to the conditions specified in section 49-307, Idaho Code.
(c) "Class D instruction permit" means a temporary privilege to operate a class D motor vehicle which is available to a person under the age of seventeen (17) years who has successfully completed an approved driver’s training course and has satisfied the requirements of a class D supervised instruction permit, or to any person seventeen (17) years of age or older; is valid for a period of one hundred eighty (180) days or as provided in section 49-305, Idaho Code, if applicable; privileges are limited to driving with a person who is at least eighteen (18) years of age who holds a valid class D driver’s license and is actually occupying a seat beside the permittee; is issued pursuant to the provisions of section 49-305, Idaho Code; and the permittee is subject to the conditions specified in section 49-305, Idaho Code.
(d) "Class D supervised instruction permit" means a temporary privilege to operate a class D motor vehicle which is available to a person who is at least fourteen and one-half (14 1/2) years of age who has successfully completed an approved driver’s training course. No person may apply for a class D driver’s license until he has attained the age of at least fifteen (15) years and has successfully satisfied the requirements of this permit, as specified and issued pursuant to the provisions of section 49-307, Idaho Code.
(7) "Instructor" means any person, whether acting for himself as operator of a commercial driver training school or for such a school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises practice of, persons learning to operate or drive motor vehicles.
(8) "Insurer" means any insurer, public or private, which shall include, but not be limited to, insurance companies domiciled in the state of Idaho, agents, adjuster or any other person acting on behalf of any insurance not domiciled in the state of Idaho and any self-insured entity operating under Idaho insurance laws or rules.
(9) "International registration plan" means a registration reciprocity agreement among the states of the United States and provinces of Canada providing for payment of registration and licensing fees on a proportional basis determined by the fleet miles operated in the various jurisdictions.
(10) "Intersection" means:
(a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
(b) Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event an intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of the highways shall be regarded as a separate intersection.
(c) The junction of an alley with a street or highway shall not constitute an intersection.
[49-110, added 1988, ch. 265, sec. 2, p. 558; am. 1996, ch. 327, sec. 1, p. 1118; am. 1997, ch. 80, sec. 4, p. 176; am. 2000, ch. 214, sec. 3, p. 585; am. 2000, ch. 418, sec. 2, p. 1332; am. 2007, ch. 249, sec. 1, p. 730; am. 2008, ch. 194, sec. 1, p. 608; am. 2010, ch. 16, sec. 1, p. 21; am. 2014, ch. 236, sec. 4, p. 597; am. 2015, ch. 54, sec. 2, p. 128; am. 2017, ch. 111, sec. 1, p. 259.]
(1) "Judgment" means a decree which shall have become final by expiration without appeal by the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement or settlement for damages.
(2) "Jurisdiction" means and includes a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country and a state or province of a foreign country.
[49-111, added 1988, ch. 265, sec. 2, p. 559.]
(1) "Laned highway" means a highway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
(2) "Lane of travel." (See "Traffic lane", section 49-121, Idaho Code)
(3) "Legal owner" means any person notated as "lienholder" of a vehicle, the notation appearing on the title records of the department and on the respective certificate of title.
(4) "License" or "license to operate a motor vehicle" means any driver’s license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:
(a) Any temporary license or instruction permit;
(b) Any nonresident’s operating privilege;
(c) Any special permit issued by the department.
(5) "Licensing authority" as used in chapter 20 of this title with reference to Idaho, means the department.
(6) "Lien" or "encumbrance" means every security interest in any vehicle other than security interests in vehicles held in inventory for sale.
(7) "Lienholder" means a person holding a security interest in a vehicle.
(8) "Light weight" or "unladen weight" means the scale weight of a vehicle equipped for operation, but without any cargo on it.
(9) "Limit line" or "stop line" means a solid white line extending across a highway indicating the point behind which vehicles are required to stop, which must conform to the manual and specifications adopted by the board pursuant to section 49-201, Idaho Code.
(10) "Local authorities" means every county, highway district, municipal and other local board or body having authority to enact regulations, resolution and/or ordinances relating to traffic on the highways, public rights-of-way and streets under their jurisdiction under the constitution and laws of this state.
[49-113, added 1988, ch. 265, sec. 2, p. 560; am. 1989, ch. 88, sec. 7, p. 162; am. 1990, ch. 45, sec. 6, p, 80; am. 1992, ch. 115, sec. 2, p. 349; am. 1994, ch. 321, sec. 1, p. 1025; am. 1998, ch. 393, sec. 2, p. 1235.]
(1) "Major component part" for vehicles means a rear or rear clip, frame or subframe, body or center, passenger area, cab, front or front end assembly or front clip or nose section or roof of passenger compartment. "Major component part" for vessels means a hull, bow, gunnel, stern or transom, or permanently attached propulsion unit.
(2) "Manifest" means a form used for identifying the quantity, composition, origin, routing, waste or material identification code and destination of hazardous material or hazardous waste during any transportation within, through, or to any destination in this state.
(3) "Manufactured home." (See section 39-4105, Idaho Code)
(4) "Manufacturer" means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state. The term, for purposes of sections 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall include a distributor and other factory representatives.
(5) "Manufacturer’s year designation" means the model year designated by the vehicle manufacturer, and not the year in which the vehicle is, in fact, manufactured.
(6) "Maximum gross weight" means the scale weight of a vehicle, equipped for operation, to which shall be added the maximum load to be carried as declared by the owner in making application for registration. When a vehicle against which a registration fee is assessed is a combination of vehicles, the term "maximum gross weight" means the combined maximum gross weights of all vehicles in the combination.
(7) "Metal tire." (See "Tires," section 49-121, Idaho Code)
(8) "Mileage" means actual distance that a vehicle has traveled.
(9) "Moped" means a limited-speed motor-driven cycle having wheels less than twenty (20) inches in diameter and:
(a) Motorized propulsion that is not capable of propelling the vehicle at a speed in excess of thirty (30) miles per hour on level ground, whether two (2) or three (3) wheels are in contact with the ground during operation. If an internal combustion engine is used, the displacement shall not exceed fifty (50) cubic centimeters and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; or
(b) Two (2) wheels or three (3) wheels with no pedals, which is powered solely by electrical energy, has an automatic transmission, a motor which produces less than two (2) gross brake horsepower, is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground and, as originally manufactured, meets federal motor vehicle safety standards for motor-driven cycles. A moped is not required to be titled and no motorcycle endorsement is required for its operator.
A moped does not include an electric-assisted bicycle.
(10) "Motorbike" means a vehicle as defined in section 67-7101, Idaho Code. Such vehicle shall be titled and may be approved for motorcycle registration pursuant to section 49-402, Idaho Code, upon certification by the owner of the installation and use of conversion components that make the motorbike compliant with federal motor vehicle safety standards. A motorbike does not include an electric-assisted bicycle.
(11) "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three (3) wheels in contact with the ground or designed to travel on two (2) wheels in contact with the ground which is modified by the addition of two (2) stabilizing wheels on the rear of the motor vehicle, that meets the federal motor vehicle safety standards as originally designed, and includes a converted motorbike, but does not include a motor-driven cycle, a motorbike, a tractor, an electric-assisted bicycle, or a moped.
(12) "Motor carrier" means an individual, partnership, corporation or other legal entity engaged in the transportation by motor vehicle of persons or property in the furtherance of a business or for hire.
(13) "Motor-driven cycle" means a cycle with a motor that produces five (5) brake horsepower or less as originally manufactured that meets federal motor vehicle safety standards as originally designed, and does not include mopeds or electric-assisted bicycles. Such vehicle shall be titled and a motorcycle endorsement is required for its operation.
(14) "Motor home" means a vehicular unit designed to provide temporary living quarters, built into an integral part or permanently attached to a self-propelled motor vehicle chassis. The vehicle must contain permanently installed independent life support systems that meet the national fire protection association (NFPA) 1192 standard on recreational vehicles, and provide at least four (4) of the following facilities: cooking, refrigeration or icebox, self-contained toilet, heating and/or air conditioning, a potable water supply system, including a faucet and sink, separate 110-125 volt electrical power supply and/or LP-gas supply.
(15) "Motorized wheelchair" means a motor vehicle with a speed not in excess of eight (8) miles per hour, designed for and used by a person with a disability.
(16) "Motor number." (See "Identifying number," section 49-110, Idaho Code)
(17) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
(18) "Motor vehicle liability policy" means an owner’s or operator’s policy of liability insurance, certified as provided in section 49-1210, Idaho Code, as proof of financial responsibility, and issued by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
(19) "Motor vehicle record" means any record that pertains to a motor vehicle registration, motor vehicle title or identification documents or other similar credentials issued by the department or other state or local agency.
(20) "Multiuse path" means a path physically separated from motor vehicle traffic by an open space or barrier and within either a public right-of-way or easement that accommodates two-way nonmotorized travelers including pedestrians, bicyclists, joggers, and skaters.
[49-114, added 1988, ch. 265, sec. 2, p. 560; am. 1989, ch. 285, sec. 2, p. 701; am. 1989, ch. 310, sec. 3, p. 773; am. 1994, ch. 234, sec. 2, p. 732; am. 1995, ch. 339, sec. 1, p. 1120; am. 1997, ch. 80, sec. 5, p. 177; am. 1998, ch. 392, sec. 3, p. 1200; am. 1999, ch. 81, sec. 3, p. 240; am. 1999, ch. 383, sec. 4, p. 1056; am. 2000, ch. 418, sec. 3, p. 1333; am. 2001, ch. 73, sec. 1, p. 155; am. 2005, ch. 145, sec. 1, p. 456; am. 2006, ch. 360, sec. 1, p. 1097; am. 2008, ch. 198, sec. 3, p. 634; am. 2008, ch. 409, sec. 2, p. 1127; am. 2009, ch. 11, sec. 17, p. 26; am. 2010, ch. 235, sec. 35, p. 570; am. 2013, ch. 39, sec. 1, p. 80; am. 2014, ch. 38, sec. 1, p. 66; am. 2019, ch. 84, sec. 3, p. 203.]
(1) "National network" means highways available to vehicles authorized by the provisions of the federal surface transportation assistance act of 1982, as amended, and listed in 23 CFR part 658, appendix A.
(2) "Neighborhood electric vehicle." (See "Vehicle," section 49-123, Idaho Code)
(3) "Noncommercial vehicle." (See "Vehicle," section 49-123, Idaho Code)
(4) "Nonresident" means every person who is not a resident of this state.
(5) "Nonresident’s operating privilege" means the privilege conferred on a nonresident by the laws of this state pertaining to the operation by that person of a motor vehicle, or the use of a vehicle owned by that person, in this state.
[49-115, added 1988, ch. 265, sec. 2, p. 561; am. 1989, ch. 88, sec. 8, p. 162; am. 1990, ch. 45, sec. 7, p. 80; am. 2005, ch. 183, sec. 2, p. 562; am. 2007, ch. 20, sec. 1, p. 31; am. 2015, ch. 54, sec. 3, p. 130; am. 2026, ch. 167, sec. 1, p. 784.]
(1) "Off-highway vehicle" or "OHV" means an off-highway vehicle as defined in section 67-7101, Idaho Code.
(2) "Operator" means every person who is in actual physical control of a motor vehicle upon a highway or private property open to public use.
(3) "Out-of-service order" means a temporary prohibition against operating a commercial vehicle as declared by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction and which is applicable to a driver, a commercial motor vehicle, or a motor carrier operation pursuant to federal regulations 49 CFR 386.72, 392.5, 395.13, or 396.9, or compatible laws, or to the North American uniform out-of-service criteria.
(4) "Owner" means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. "Owner," for the purposes of chapter 12, title 49, Idaho Code, means the person legally responsible for the operation of a vehicle upon the highways of the state of Idaho, whether as owner, lessee, or otherwise.
[49-116, added 1988, ch. 265, sec. 2, p. 562; am. 1989, ch. 88, sec. 9, p. 163; am. 1990, ch. 45, sec. 8, p. 81; am. 1996, ch. 371, sec. 2, p. 1250; am. 1998, ch. 110, sec. 8, p. 387; am. 2021, ch. 171, sec. 1, p. 476.]
(1) "Park" or "parking" means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
(2) "Park model recreational vehicle" means a recreational vehicle that is designed to provide temporary accommodations for recreational, camping or seasonal use, is built on a single chassis, was originally mounted on wheels, has a gross trailer area not exceeding four hundred (400) square feet in the set-up mode and is certified by its manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Standard for Recreational Park Trailers, and includes park models, park trailers and recreational park trailers.
(3) "Part-time salesman" means any person employed as a vehicle salesman on behalf of a dealer fewer than thirty (30) hours per week.
(4) "Peace officer." (See section 19-5101(d), Idaho Code)
(5) "Pedestrian" means any person afoot and any person operating a wheelchair or a motorized wheelchair or an electric personal assistive mobility device.
(6) "Pedestrian path" means any path, sidewalk or way set aside and used exclusively by pedestrians.
(7)(a) "Person" means every natural person, firm, fiduciary, copartnership, association, corporation, trustee, receiver or assignee for the benefit of creditors, political subdivision, state or federal governmental department, agency, or instrumentality and, for the purposes of chapter 22, title 49, Idaho Code, shall include a private, common or contract carrier operating a vehicle on any highway of this state.
(b) "Person with a disability" means:
(i) A person who is unable to walk two hundred (200) feet or more unassisted by another person;
(ii) A person who is unable to walk two hundred (200) feet or more without the aid of a walker, cane, crutches, braces, prosthetic device or a wheelchair; or
(iii) A person who is unable to walk two hundred (200) feet or more without great difficulty or discomfort due to the following impairments: neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb.
(iv) For the purposes of chapters 3 and 4, title 49, Idaho Code, a person with a permanent disability is one whose physician certifies that the person qualifies as a person with a disability pursuant to this paragraph and further certifies that there is no expectation for a fundamental or marked change in the person’s condition at any time in the future.
(8) "Personal delivery device" means an electrically powered device that is operated on sidewalks, crosswalks, and the sides or berms of highways and is intended primarily to transport property; weighs less than five hundred fifty (550) pounds, excluding cargo; operates at a maximum speed of ten (10) miles per hour when on sidewalks; and is equipped with technology to allow for operation of the device with or without the active control or monitoring of a natural person. A personal delivery device shall not be defined as a vehicle or motor vehicle in any section of the law, unless expressly so stated.
(9) "Personal delivery device operator" means an entity or its agent that exercises direct physical control or monitoring over the navigation system and operation of a personal delivery device. For the purposes of this subsection, the term "agent" means a person charged by the entity with the responsibility of navigating, monitoring, or operating the personal delivery device. The term "personal delivery device operator" does not include an entity or person who requests the services of a personal delivery device for the purpose of transporting property or an entity, nor does it include a person who merely arranges for and dispatches the requested services of a personal delivery device.
(10) "Personal information" means information that identifies an individual, including an individual’s photograph or computerized image, social security number, driver identification number, name, address, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations, the five-digit zip code of the person’s address, or status of the driver’s license or motor vehicle registration.
(11) "Pneumatic tire." (See "tires," section 49-121, Idaho Code)
(12) "Pole trailer." (See "trailer," section 49-121, Idaho Code)
(13) "Possessory lien" means a lien dependent upon possession for compensation to which a person is legally entitled for making repairs or performing labor upon, and furnishing supplies or materials for, and for the towing, storage, repair, or safekeeping of any vehicle of a type subject to registration.
(14) "Possessory lienholder" means any person claiming a lien, which lien claimed to have accrued on a basis of services rendered to the vehicle that is the subject of the lien.
(15) "Preceding year" means, for the purposes of section 49-434, Idaho Code, a period of twelve (12) consecutive months fixed by the department, prior to July 1 of the year immediately preceding the commencement of the registration or license year for which proportional registration is sought. The department in fixing the period shall make it conform to the terms, conditions and requirements of any applicable agreement or arrangement for the proportional registration of vehicles.
(16) "Pressure regulator valve" means a device or system that governs the load distribution and controls the weight borne by a variable load suspension axle in accordance with a predetermined valve setting.
(17) "Principal place of business" means an enclosed commercial structure located within the state, easily accessible and open to the public at all reasonable times, with an improved display area large enough to display five (5) or more vehicles of the type the dealer is licensed to sell, immediately adjoining the building, and at which the business of a dealership, including the display and repair of vehicles, may be lawfully carried on in accordance with the terms of all applicable building codes, zoning and other land-use regulatory ordinances, and in which building the public shall be able to contact the dealer or his salesmen in person or by telephone at all reasonable times. The books, records and files necessary to conduct the business of the dealership must be kept or reproduced electronically at the dealership’s licensed location(s). A dealership keeping its physical books, records and files at an off-site location must notify the department in writing of such location at least thirty (30) days in advance of moving such books, records and files off-site. Physical books, records and files must be made available to the department upon request within three (3) business days of such request. The principal place of business shall display an exterior sign permanently affixed to the land or building, with letters clearly visible to the major avenue of traffic. In no event shall a room or rooms in a hotel, rooming house, or apartment house building or a part of any single or multiple unit dwelling house be considered a "principal place of business" within the terms and provisions of this title unless the entire ground floor of that hotel, apartment house, or rooming house building or dwelling house be devoted principally to and occupied for commercial purposes, and the office or offices of the dealer be located on the ground floor.
(18) "Private property open to the public" means real property not owned by the federal government or the state of Idaho or any of its political subdivisions, but is available for vehicular traffic or parking by the general public with the permission of the owner or agent of the real property.
(19) "Private road" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
(20) "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of 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.
(21) "Proper authority" means a public highway agency.
(22) "Public highway agency" means the state transportation department, any city, county, highway district or any other state agency that has jurisdiction over public highway systems and public rights-of-way.
(23) "Public right-of-way" means a right-of-way open to the public and under the jurisdiction of a public highway agency, where the public highway agency has no obligation to construct or maintain said right-of-way for vehicular traffic.
(24) "Public road jurisdiction" means a public highway agency.
(25) "Purchase." (See "sell," "sold," and "buy," section 49-120, Idaho Code)
[49-117, added 1988, ch. 265, sec. 2, p. 562; am. 1991, ch. 272, sec. 4, p. 691; am. 1992, ch. 35, sec. 1, p. 100; am. 1994, ch. 264, sec. 2, p. 815; am. 1994, ch. 321, sec. 2, p. 1026; am. 1995, ch. 122, sec. 1, p. 526; am. 1997, ch. 80, sec. 6, p. 179; am. 1998, ch. 392, sec. 4, p. 1202; am. 2001, ch. 332, sec. 1, p. 1166; am. 2002, ch. 160, sec. 2, p. 467; am. 2011, ch. 71, sec. 1, p. 149; am. 2017, ch. 134, sec. 4, p. 313; am. 2017, ch. 147, sec. 1, p. 357; am. 2019, ch. 161, sec. 8, p. 535; am. 2020, ch. 250, sec. 1, p. 732; am. 2022, ch. 98, sec. 2, p. 340.]
(1) "Racing" means the use of one (1) or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle, or to test the physical stamina or endurance of drivers over long-distance driving routes.
(2) "Radio operator, amateur" means any person licensed by the Federal Communications Commission to engage in private and experimental two-way radio operation and holding a conditional class license or higher.
(3) "Railroad" means a carrier of persons or property upon cars operated upon stationary rails.
(4) "Railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.
(5) "Railroad sign" or "signal" means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
(6) "Recreational vehicle" means a motor home, travel trailer, fifth-wheel trailer, park model recreational vehicle, truck camper or folding camping trailer, with or without motive power, designed for recreational or emergency occupancy. It does not include pickup hoods, shells, or canopies designed, created or modified for occupational usage. School buses or van type vehicles which are converted to recreational use, are defined as recreational vehicles.
(7) "Registered maximum gross weight" means the maximum gross weight established on the registration document as declared by the owner at the time of registration or renewal of registration.
(8) "Registered owner" means any person required to register a vehicle, whether or not a lienholder appears on the title in the records of the department.
(9) "Registration" means the registration certificate or certificates and license plate or plates issued under the laws of this state pertaining to the registration of vehicles.
(10) "Rental utility trailer" means a utility trailer offered for hire to the general public for private or commercial use.
(11) "Rescission of sale." (See section 28-2-608, Idaho Code)
(12) "Resident" means for purposes of vehicle registration, titling, a driver’s license or an identification card, a person whose domicile has been within Idaho continuously for a period of at least thirty (30) days, excluding a full-time student who is a resident of another state. However, any driver’s license or identification card issued to a person who has been domiciled in Idaho for less than thirty (30) days may not be used for identification for the purpose of voting. The department may title or register a vehicle to a person who has an Idaho driver’s license or identification card and has been domiciled in Idaho for less than thirty (30) days. Establishment of residency shall include a spouse and dependent children who reside with that person in the domicile. A domicile shall not be a person’s workplace, vacation or part-time residence.
(13) "Residential district." (See "District," section 49-105, Idaho Code)
(14) "Residential neighborhood" for purposes of this chapter, is an area abutting a highway which is used primarily for nontransient human habitation, parks and churches.
(15) "Revocation of driver’s license" means the termination by formal action of the department or as otherwise provided in this title of a person’s driver’s license or privilege to operate a motor vehicle on the highways, which terminated driver’s license or privilege shall not be subject to renewal or restoration except that an application for a new driver’s license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this title.
(16) "Revocation of vehicle registration" means the termination by formal action of the department or as otherwise provided in this title of a person’s vehicle registration or, in the case of fleets of vehicles, all vehicle registrations in each fleet operated by a company. Upon revocation, the privileges of operating the vehicles on Idaho highways is terminated until the difficulty that caused the revocation is corrected and an application for new registration is presented and acted upon.
(17) "Ridesharing arrangement" means the nonprofit transportation in a passenger motor vehicle with a seating capacity not exceeding fifteen (15) people including the driver, which is not otherwise used for commercial purposes or as a public conveyance, whereby a fixed group, not exceeding fifteen (15) people including passengers and driver, is transported between their residences or nearby termini, and their places of employment or educational or other institutions or termini near those places, in a single daily round trip where the driver is also on the way to or from his place of employment or education or other institution.
(18) "Right-of-way" means the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. The term shall not be interpreted to mean that a highway user is relieved from the duty to exercise reasonable care at all times and from doing everything to prevent an accident. Failure to yield right-of-way shall not be construed as negligence per se or as prima facie evidence of negligence.
(19) "Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms and rights-of-way.
[49-119, added 1988, ch. 265, sec. 2, p. 563; am. 1989, ch. 88, sec. 10, p. 163; am. 1989, ch. 310, sec. 4, p. 774; am. 1989, ch. 403, sec. 1, p. 987; am. 1991, ch. 100, sec. 1, p. 221; am. 1991, ch. 211, sec. 1, p. 499; am. 1992, ch. 35, sec. 2, p. 102; am. 1992, ch. 115, sec. 3, p. 350; am. 2001, ch. 355, sec. 1, p. 1242; am. 2017, ch. 134, sec. 5, p. 316; am. 2024, ch. 234, sec. 1, p. 816.]
(1) "Saddlemount combination" means a combination of vehicles in which a truck or truck tractor tows one (1), two (2) or three (3) trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the vehicle in front of it. The saddle is a mechanism that connects the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and functions like a fifth wheel kingpin connection. A smaller vehicle mounted completely on the frame of either the first or last vehicle may be used in a saddlemount combination.
(2) "Safety glazing materials" means glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.
(3) "Safety zone" means the area or space officially set apart within a highway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
(4) "Salvage pool" means a licensed vehicle dealer engaged primarily in the business of disposing of salvage vehicles, recovered stolen vehicles, or both.
(5) "School bus" means every motor vehicle that complies with the color and identification requirements set forth in the most recent edition of "Minimum Standards for School Buses" and is used to transport children to or from school or in connection with school approved activities and includes buses operated by contract carriers.
(6) "Secretary" means the secretary of transportation of the United States.
(7) "Security agreement." (See section 28-9-102, Idaho Code)
(8) "Security interest." (See section 28-1-201, Idaho Code)
(9) "Sell," "sold," "buy," and "purchase," mean and include, as used in sections 49-2401 through 49-2406, Idaho Code, exchange, barter, gift, and offer or contract to sell or buy.
(10) "Semitrailer." (See "Trailer," section 49-121, Idaho Code)
(11) "Serious traffic violation" means conviction of an offense specified in 49 CFR part 383 and including any subsequent amendments thereto, while operating a commercial motor vehicle, and shall include driving a commercial motor vehicle:
(a) Without obtaining a commercial driver’s license; or
(b) Without having a commercial driver’s license in the driver’s possession; or
(c) Without the proper license class of commercial driver’s license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
(12) "Service-only facility" means a customer-facing or noncustomer-facing facility operated by a licensed dealer within the dealer’s relevant market area where the dealer performs any repairs or performs any other services on motor vehicles but does not engage in the sale, lease, trade, or display of new or used motor vehicles. A service-only facility shall not be considered a dealer or dealership for the purposes of this title.
(13) "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for use by pedestrians.
(14) "Signal." (See "Railroad sign," section 49-119, Idaho Code)
(15) "Skills test" means an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.
(16) "Slow moving vehicle" means any vehicle not normally operated upon the highways.
(17) "Snow tire." (See "Tires," section 49-121, Idaho Code)
(18) "Sold." (See "Sell," "buy," and "purchase," this section)
(19) "Solid rubber tire." (See "Tires," section 49-121, Idaho Code)
(20) "Special license plate" means a license plate that is made available to the public as a personal alternative to the standard issue license plate. No special program fee shall be charged for the registration or plates issued under sections 49-403, 49-403A, 49-404, 49-405, 49-410, 49-415, 49-415A and 49-415B, Idaho Code.
(21) "Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including: ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes, and earth moving equipment. The term does not include travel trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
(22) "Specially constructed vehicle." (See "Vehicle," section 49-123, Idaho Code)
(23) "Specialty off-highway vehicle." (See "Vehicle," section 49-123, Idaho Code)
(24) "Stand" or "standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
(25) "State" means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of Canada.
(26) "Stop" means the act of or complete cessation from movement.
(27) "Stopping" means the act of any halting even momentarily of a vehicle.
(28) "Street." (See "Highways," section 49-109, Idaho Code)
(29) "Street rod" means any pre-1949 vehicle which has had a significant drive train update from a more modern vehicle. Changes may include engine, transmission, rear axle, and other suspension components. The body will be, or resemble the same as the manufacturer’s original issue after its first sale after manufacture.
(30) "Studded tire." (See "Tires," section 49-121, Idaho Code)
(31) "Substandard width lane" means a lane that is too narrow for a bicycle and a motor vehicle to travel safely side by side within the lane.
(32) "Supplemental lot" means a physically separate location owned and maintained by a licensed dealer or manufacturer within the same or adjacent county as the principal place of business which meets all the requirements for a principal place of business.
(33) "Suspension of driver’s license" means the temporary withdrawal by formal action of the department or as otherwise provided in this title of a person’s driver’s license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department.
(34) "Suspension of vehicle registration" means the temporary withdrawal by formal action of the department or as otherwise provided in this title of a person’s vehicle registration or, in the case of fleets of vehicles, all vehicle registrations in each fleet operated by a company. Upon suspension, the privileges of operating the vehicle or vehicles on Idaho highways is terminated until the difficulty that caused the suspension is corrected and notification is provided that the suspension has been lifted.
[49-120, added 1988, ch. 265, sec. 2, p. 565; am. 1989, ch. 88, sec. 11, p. 164; am. 1989, ch. 285, sec. 3, p. 702; am. 1989, ch. 310, sec. 5, p. 776; am. 1990, ch. 45, sec. 9, p. 81; am. 1990, ch. 176, sec. 1, p. 374; am. 1992, ch. 35, sec. 3, p. 103; am. 1992, ch. 232, sec. 1, p. 691; am. 1992, ch. 261, sec. 1, p. 756; am. 1993, ch. 135, sec. 1, p. 331; am. 1996, ch. 371, sec. 3, p. 1251; am. 2000, ch. 87, sec. 1, p. 189; am. 2001, ch. 208, sec. 29, p. 828; am. 2006, ch. 164, sec. 2, p. 489; am. 2009, ch. 157, sec. 3, p. 460; am. 2024, ch. 159, sec. 1, p. 612.]
(1) "Temporary supplemental lot" means a location other than the principal place of business, or supplemental lot within the same or adjacent county as the principal place of business, where a licensed dealer may secure a license to conduct the business and is licensed for a period of time not to exceed ten (10) days for a specific purpose such as auto shows, auctions, shopping center promotions, tent sales, etc. Temporary supplemental lots shall meet all local zoning and building codes for the type of business being conducted. The requirements for a principal place of business shall not be applicable to temporary supplemental lot locations. The adjacent county restriction shall not apply if the dealer holds the franchise for the products to be displayed or sold and has approval from a manufacturer for the location where the proposed temporary supplemental lot license will be issued by the department. Nonfranchised dealers shall be permitted to temporarily display or sell their products within a one hundred seventy-five (175) mile radius of their principal place of business, upon approval by the department.
(2) "Tires" means:
(a) Metal. Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.
(b) Pneumatic. Every tire in which compressed air is designed to support the load.
(c) Snow tire. Every rubber tire with tread design or material embedded in the tire to improve winter traction except studded tires.
(d) Solid rubber. Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.
(e) Studded tire. Every tire with built-in lugs of tungsten carbide or other suitable material designed to contact the road surface for improved winter traction.
(3) "Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel.
(4) "Traffic lane" or "lane of travel" means that portion of the roadway for movement of a single line of vehicles.
(5) "Traffic-control device" means any device, whether manually, electrically or mechanically operated, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
(6) "Trailer" means:
(a) General. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle.
(b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as a travel trailer but constructed with a raised forward section that allows a bi-level floor plan. This style is designed to be towed by a vehicle equipped with a device known as a fifth-wheel hitch, which is typically installed in the bed of a pickup truck.
(c) Fold down camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls, which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters, for recreational, camping or travel use.
(d) Pole trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
(e) Semitrailer. Every vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle.
(f) Travel trailer. A vehicular unit, mounted on wheels designed to provide temporary living quarters for recreational, camping, travel or emergency use and of such size or weight as not to require special highway movement permits when towed by a motorized vehicle.
(g) Utility trailer. (See "Utility trailer," section 49-122, Idaho Code)
(7) "Transitional ownership document" means a document used to perfect a lien against creditors or subsequent purchasers when the primary ownership document is not available and the selling dealer, new security interest holder or their agent, to the best of their knowledge, will not have possession of the primary ownership document, within thirty (30) days of the sale, or if no sale is involved, the date the contract or security agreement being perfected was signed, and contains all of the following:
(a) The date of sale or if no sale is involved, the date the contract or security agreement being perfected was signed;
(b) The name and address of each owner of the vehicle;
(c) The name and address of each security interest holder;
(d) If there are multiple security interest holders, the priorities of interest if the security interest holders do not jointly hold a single security interest;
(e) The vehicle identification number;
(f) The name of the security interest holder or person who submits the transitional ownership document for the security interest holder; and
(g) Any other information the department may require for its records.
(8) "Transportation," for the purposes of chapter 22, title 49, Idaho Code, means the movement of any regulated quantity of hazardous material or hazardous waste within, through, or to any destination in this state upon the highways of this state.
(9) "Transporter" means every person engaged in the business of delivering vehicles of a type required to be registered from a manufacturing, assembling or distributing plant to dealers or sales agents of a manufacturer, except in chapter 22, title 49, Idaho Code, where it means any person who transports a hazardous material or hazardous waste within, through, or to any destination upon the highways of this state.
(10) "Truck" means:
(a) Refuse/sanitation. Any vehicle designed and used solely for the purpose of transporting refuse.
(b) General. Every motor vehicle exceeding eight thousand (8,000) pounds gross weight designed, used or maintained primarily for the transportation of property.
(c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross weight or less which is designed, used or maintained primarily for the transportation of property.
(d) Truck camper. A portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor, and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and containing at least one (1) of the following facilities: stove; refrigerator or icebox; self-contained toilet; heater or air conditioner; potable water supply including a faucet and sink; separate 110-125 volt electrical power supply; or LP-gas supply. Truck campers originally constructed with an overall length of six (6) feet or longer shall be titled as provided in chapter 5 of this title 49. A truck camper does not include pickup hoods, shells or canopies.
(e) Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles but not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(11) "True mileage driven" means the mileage of the vehicle as registered by the odometer within the manufacturer’s designed tolerance.
[49-121, added 1988, ch. 265, sec. 2, p. 566; am. 1989, ch. 408, sec. 2, p. 997; am. 1992, ch. 35, sec. 4, p. 105; am. 1992, ch. 232, sec. 2, p. 693; am. 1993, ch. 334, sec. 2, p. 1236; am. 1994, ch. 321, sec. 3, p. 1028; am. 1998, ch. 392, sec. 5, p. 1204; am. 2000, ch. 31, sec. 1, p. 57; am. 2000, ch. 320, sec. 2, p. 1080; am. 2007, ch. 66, sec. 1, p. 167; am. 2008, ch. 106, sec. 2, p. 297; am. 2014, ch. 38, sec. 2, p. 68; am. 2017, ch. 134, sec. 6, p. 317.]
(1) "Unauthorized vehicle" means any vehicle parked or otherwise left on private property without the consent of the person owning or controlling that property.
(2) "United States" means the fifty (50) states and the District of Columbia.
(3) "Unladen weight." (See "Light weight," section 49-113, Idaho Code)
(4) "Unregistered vehicle" means a vehicle without current registration on file with the department or with the appropriate agency of another state, unless exempt from registration.
(5) "Unusual noise." (See "Excessive," section 49-106, Idaho Code)
(6) "Urban district." (See "District," section 49-105, Idaho Code)
(7) "Utility trailer" means a trailer or semitrailer designed primarily to be drawn behind a passenger car or pickup truck for domestic and utility purposes. Utility or domestic use shall include a farm trailer while being used to haul agricultural products or livestock from farm to storage, market or processing plant, or returning therefrom.
(8) "Utility type vehicle" or "UTV" means a utility type vehicle or UTV as defined in section 67-7101, Idaho Code.
[49-122, added 1988, ch. 265, sec. 2, p. 568; am. 1989, ch. 88, sec. 12, p. 166; am. 1989, ch. 318, sec. 1, p. 817; am. 2000, ch. 418, sec. 4, p. 1335; am. 2006, ch. 42, sec. 5, p. 128; am. 2009, ch. 157, sec. 4, p. 462; am. 2011, ch. 158, sec. 2, p. 445.]
(1) "Variable load suspension axle" means an axle or axles designed to support a part of the vehicle and load and which can be regulated to vary the amount of load supported by such an axle or axles and which can be deployed or lifted by the operator of the vehicle. (See also section 49-117, Idaho Code)
(a) "Fully raised" means that the variable load suspension axle is in an elevated position preventing the tires on such axle from having any contact with the roadway.
(b) "Fully deployed" means that the variable load suspension axle is supporting a portion of the weight of the loaded vehicle as controlled by the preset pressure regulator valve.
(2) "Vehicle" means:
(a) General. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
(b) Assembled vehicle or vessel. A vehicle or vessel, not including a salvage vehicle or vessel, that has been constructed using major component parts from two (2) or more vehicles or vessels or that has been repaired using new factory major component parts so that the resulting vehicle or vessel has the same appearance as a vehicle or vessel that was manufactured under a specific make and model by a manufacturer. A vehicle or vessel utilizing a kit for the entire body or a glider kit vehicle is not an assembled vehicle.
(c) Authorized emergency vehicle. Vehicles operated by any fire department or law enforcement agency of the state of Idaho or any political subdivision of the state, ambulances, vehicles belonging to personnel of voluntary fire departments while in performance of official duties only, vehicles belonging to or operated by a wildland fire agency or association while responding to a wildland urban interface fire, vehicles belonging to or operated by EMS personnel certified or otherwise recognized by the Idaho military division while in the performance of emergency medical services, sheriff’s search and rescue vehicles that are under the immediate supervision of the county sheriff, wreckers that are engaged in motor vehicle recovery operations and are blocking part or all of one (1) or more lanes of traffic, other emergency vehicles designated by the director of the Idaho state police or vehicles authorized by the Idaho transportation board and used in the enforcement of laws specified in section 40-510, Idaho Code, pertaining to vehicles of ten thousand (10,000) pounds or greater.
(d) Commercial vehicle or commercial motor vehicle. For the purposes of chapters 3 and 9 of this title, driver’s licenses and vehicle equipment, a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
(i) Has a manufacturer’s gross combination weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds inclusive of a towed unit with a manufacturer’s gross vehicle weight rating (GVWR) of more than ten thousand (10,000) pounds; or
(ii) Has a manufacturer’s gross vehicle weight rating (GVWR) in excess of twenty-six thousand (26,000) pounds; or
(iii) Is designed to transport sixteen (16) or more people, including the driver; or
(iv) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the hazardous material transportation act and which require the motor vehicle to be placarded under the hazardous materials regulations (49 CFR part 172, subpart F).
For the purposes of chapter 4, title 49, Idaho Code, motor vehicle registration, a vehicle or combination of vehicles of a type used or maintained for the transportation of persons for hire, compensation or profit, or the transportation of property for the owner of the vehicle, or for hire, compensation, or profit, and shall include fixed load specially constructed vehicles exceeding the limits imposed by chapter 10, title 49, Idaho Code, and including drilling rigs, construction, drilling and wrecker cranes, log jammers, log loaders, and similar vehicles which are normally operated in an overweight or oversize condition or both, but shall not include those vehicles registered pursuant to sections 49-402 and 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a "commercial vehicle" under the provisions of this title relating to equipment requirements, rules of the road, or registration.
(e) Farm vehicle. A vehicle or combination of vehicles owned by a farmer or rancher, or by his designated agent, which are operated over public highways, and used exclusively to transport unprocessed agricultural products raised, owned or grown by the owner of the vehicle to market or place of storage; and shall include the transportation by the farmer or rancher of any equipment, supplies or products purchased by that farmer or rancher for his own use, and used in the farming or ranching operation or used by a farmer partly in transporting agricultural products or livestock from the farm of another farmer that were originally grown or raised on the farm, or when used partly in transporting agricultural supplies, equipment, materials or livestock to the farm of another farmer for use or consumption on the farm but not transported for hire, and shall not include vehicles of husbandry or vehicles registered pursuant to sections 49-402 and 49-402A, Idaho Code.
(f) Foreign vehicle. Every vehicle of a type required to be registered under the provisions of this title brought into this state from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state.
(g) Glider kit vehicle. Every large truck manufactured from a kit manufactured by a manufacturer of large trucks which consists of a frame, cab complete with wiring, instruments, fenders and hood and front axles and wheels. The "glider kit" is made into a complete assembly by the addition of the engine, transmission, rear axles, wheels and tires.
(h) Motor vehicle. Every vehicle that is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices, personal delivery devices, electric-assisted bicycles, and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.
(i) Multipurpose passenger vehicle (MPV). For the purposes of section 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer persons which is constructed either on a truck chassis or with special features for occasional off-road operation.
(j) Neighborhood electric vehicle (NEV). A self-propelled, electrically powered, four-wheeled motor vehicle which is emission free and conforms to the definition and requirements for low-speed vehicles as adopted in the federal motor vehicle safety standards for low-speed vehicles under federal regulations at 49 CFR part 571. An NEV shall be titled, registered and insured according to law as provided respectively in chapters 4, 5 and 12, title 49, Idaho Code, and shall only be operated by a licensed driver. Operation of an NEV on a highway shall be allowed as provided in section 49-663, Idaho Code.
(k) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho Code, motor vehicle registration, a noncommercial vehicle shall not include those vehicles required to be registered under sections 49-402 and 49-402A, Idaho Code, and means all other vehicles or combinations of vehicles which are not commercial vehicles or farm vehicles, but shall include motor homes. A noncommercial vehicle shall include those vehicles having a combined gross weight not in excess of sixty thousand (60,000) pounds and not held out for hire, used for purposes related to private use and not used in the furtherance of a business or occupation for compensation or profit or for transporting goods for other than the owner.
(l) Passenger car. For the purposes of section 49-966, Idaho Code, a motor vehicle, except a multipurpose passenger vehicle, motorcycle or trailer, designed to carry ten (10) or fewer persons.
(m) Rebuilt salvage vehicle or vessel. Every vehicle or vessel previously determined or declared to be a salvage vehicle that has been rebuilt or repaired using like make and model parts and visually appears as a vehicle or vessel that was originally constructed under a distinctive manufacturer. This includes a salvage vehicle or vessel which is damaged to the extent that a "rebuilt salvage" brand is required to be added to the title.
(n) Replica vehicle or vessel. A vehicle or vessel made to replicate any vehicle or vessel previously manufactured, using metal, fiberglass or other composite materials. Replica vehicles must look like the original vehicle being replicated but may use a more modern drive train. At a minimum, replica vehicles shall meet the same federal motor vehicle safety and emission standards in effect for the year and type of vehicle being replicated.
(o) Salvage vehicle or vessel. Any vehicle or vessel for which a salvage certificate of title, salvage bill of sale or other documentation has been issued showing evidence that the vehicle or vessel has been declared salvage or which has been damaged to the extent that the owner, or an insurer, or other person acting on behalf of the owner, determines that the cost of parts and labor minus the salvage value makes it uneconomical to repair or rebuild. When an insurance company has paid money or has made other monetary settlement as compensation for a total loss of any vehicle or vessel, such vehicle shall be considered to be a salvage vehicle or vessel.
(p) Specially constructed vehicle or vessel. Every vehicle or vessel of a type required to be registered not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles or vessels and not materially altered from its original construction and cannot be visually identified as a vehicle or vessel produced by a particular manufacturer. This includes:
(i) A vehicle or vessel that has been structurally modified so that it does not have the same appearance as a similar vehicle or vessel from the same manufacturer; or
(ii) A vehicle or vessel that has been constructed entirely from homemade parts and materials not obtained from other vehicles or vessels; or
(iii) A vehicle or vessel that has been constructed by using major component parts from one (1) or more manufactured vehicles or vessels and cannot be identified as a specific make or model; or
(iv) A vehicle or vessel constructed by the use of a custom kit that cannot be visually identified as a specific make or model. All specially constructed vehicles of a type required to be registered shall be certified by the owner to meet all applicable federal motor vehicle safety standards in effect at the time construction is completed, and all requirements of chapter 9, title 49, Idaho Code.
(q) Specialty off-highway vehicle. A specialty off-highway vehicle as defined in section 67-7101, Idaho Code.
(r) Tank vehicle.
(i) Any commercial motor vehicle transporting, or designed to transport, any liquid or gaseous materials within:
A tank that is either permanently or temporarily attached or secured to the vehicle or chassis and has a rated capacity of one thousand (1,000) gallons or more; or
Multiple tanks either permanently or temporarily attached or secured, when the aggregate rated capacity of those tanks is one thousand (1,000) gallons or more, as determined by adding the capacity of each individual tank with a capacity of more than one hundred nineteen (119) gallons.
(ii) If a commercial motor vehicle transports one (1) or more tanks that are manifested either as empty or as residue and that are actually empty or contain only residue, those tanks shall not be considered in determining whether the vehicle is a tank vehicle.
(s) Total loss vehicle. Every vehicle that is deemed to be uneconomical to repair. A total loss shall occur when an insurance company or any other person pays or makes other monetary settlement to the owner when it is deemed to be uneconomical to repair the damaged vehicle. The compensation for total loss as defined herein shall not include payments by an insurer or other person for medical care, bodily injury, vehicle rental or for anything other than the amount paid for the actual damage to the vehicle.
(3) "Vehicle identification number." (See "identifying number," section 49-110, Idaho Code)
(4) "Vehicle salesman" means any person who, for a salary, commission or compensation of any kind, is employed either directly or indirectly, or regularly or occasionally by any dealer to sell, purchase or exchange, or to negotiate for the sale, purchase or exchange of vehicles. (See also "full-time salesman," section 49-107, Idaho Code, and "part-time salesman," section 49-117, Idaho Code)
(5) "Vessel." (See section 67-7003, Idaho Code)
(6) "Veteran." (See section 65-203, Idaho Code)
(7) "Violation" means a conviction of a misdemeanor charge involving a moving traffic violation, or an admission or judicial determination of the commission of an infraction involving a moving traffic infraction, except bicycle infractions.
[49-123, added 1988, ch. 265, sec. 2, p. 569; am. 1989, ch. 285, sec. 4, p. 703; am. 1989, ch. 310, sec. 6, p. 777; am. 1989, ch. 318, sec. 2, p. 818; am. 1990, ch. 45, sec. 10, p. 83; am. 1990, ch. 295, sec. 1, p. 815; am. 1991, ch. 272, sec. 5, p. 692; am. 1991, ch. 288, sec. 2, p. 741; am. 1992, ch. 115, sec. 4, p. 351; am. 1993, ch. 376, sec. 1, p. 1377; am. 1994, ch. 296, sec. 1, p. 934; am. 1995, ch. 122, sec. 2, p. 528; am. 1996, ch. 308, sec. 1, p. 1010; am. 1997, ch. 355, sec. 1, p. 1047; am. 1999, ch. 298, sec. 1, p. 746; am. 2000, ch. 469, sec. 110, p. 1566; am. 2002, ch. 160, sec. 3, p. 470; am. 2005, ch. 183, sec. 3, p. 562; am. 2006, ch. 51, sec. 18, p. 159; am. 2008, ch. 84, sec. 1, p. 215; am. 2008, ch. 198, sec. 4, p. 636; am. 2008, ch. 330, sec. 2, p. 904; am. 2009, ch. 11, sec. 18, p. 28; am. 2009, ch. 157, sec. 5, p. 462; am. 2014, ch. 38, sec. 3, p. 70; am. 2014, ch. 91, sec. 2, p. 245; am. 2015, ch. 208, sec. 3, p. 639; am. 2017, ch. 147, sec. 2, p. 360; am. 2019, ch. 84, sec. 4, p. 204; am. 2020, ch. 44, sec. 3, p. 100; am. 2025, ch. 80, sec. 1, p. 361; am. 2025, ch. 94, sec. 28, p. 474.]
(1) "Wheelchair, motorized." (See "Motorized wheelchair," section 49-114, Idaho Code)
(2) "Wholesaler" means a dealer who sells used vehicles to Idaho dealers.
(3) "Work zone" means a construction or maintenance area that is located on or adjacent to a highway and marked by appropriate warning signs.
(4) "Wrecker" means a motor vehicle designed and used primarily for towing other vehicles that may be disabled. A wrecker engaged in a motor vehicle recovery operation and which is blocking part or all of one (1) or more lanes of traffic shall be designated an emergency vehicle.
[49-124, added 1988, ch. 265, sec. 2, p. 570; am. 1989, ch. 310, sec. 7, p. 779; am. 2005, ch. 83, sec. 2, p. 298.]
(1) With the exception of requirements for sections 49-217 and 49-218 and chapters 6 and 9, title 49, Idaho Code, which shall be the responsibility of the director of the Idaho state police, and section 49-447, Idaho Code, which shall be the responsibility of the director of the department of parks and recreation, the board shall adopt and enforce administrative rules and may designate agencies or enter into agreements with private companies or public entities as may be necessary to carry out the provisions of this title. It shall also provide suitable forms for applications, registration cards, vehicle licenses, and all other forms requisite for the purpose of the provisions of this title, and shall prepay all transportation charges.
(2) The board may enter into agreements, compacts or arrangements with other jurisdictions on behalf of Idaho for the purpose of conforming procedures for proportional registration of commercial vehicles and other types of reciprocal agreements. Copies of agreements, compacts or arrangements shall be placed on file in the department and the board shall, as to all filings and adoption, conform with the provisions of chapter 52, title 67, Idaho Code. The board may approve, on a case-by-case basis, exemption from operating fees for private nonprofit entities who are bringing public interest programs into the state. These entities may not be in competition with companies who transport goods and services for hire.
(3) The board shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with the provisions of this title for use upon highways within the state. The uniform system shall correlate with and, so far as possible, conform to the system set forth in the most recent edition of the manual on uniform traffic-control devices for streets and highways and other standards issued or endorsed by the federal highway administrator.
(4) Whenever the board shall determine upon the basis of an engineering and traffic investigation that any maximum speed is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the state highway or interstate highway system, the board may determine and declare a reasonable and safe maximum limit, thereat, not exceeding a maximum limit of seventy-five (75) miles per hour on interstate highways provided that this speed may be increased to eighty (80) miles per hour if the department completes an engineering and traffic study on the interstate highway and concludes that the increase is in the public interest and the transportation board concurs with such conclusion and sixty-five (65) miles per hour on state highways provided that this speed may be increased to seventy (70) miles per hour if the department completes an engineering and traffic study on the state highway and concludes that the increase is in the public interest and the transportation board concurs with such conclusion, which shall be effective when appropriate signs giving notice are erected. The speed limit may be declared to be effective at all times or at the times as indicated upon the signs. Differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs.
(5) The board shall adopt and enforce rules as may be consistent with and necessary to determine the classification of and the basis on which fees shall be computed.
[49-201, added 1988, ch. 265, sec. 4, p. 571; am. 1990, ch. 45, sec. 11, p. 85; am. 1992, ch. 35, sec. 5, p. 108; am. 1993, ch. 299, sec. 1, p. 1100; am. 1996, ch. 270, sec. 2, p. 876; am. 1997, ch. 155, sec. 2, p. 442; am. 2000, ch. 469, sec. 111, p. 1570; am. 2012, ch. 325, sec. 2, p. 897; am. 2014, ch. 126, sec. 2, p. 358.]
Pursuant to federal law, the Idaho transportation department is hereby authorized to enter into reciprocal agreements with the regulatory agencies of other states having jurisdiction and authority over motor carriers to provide for base state agreements in which the registration of interstate carriers operating in participating states may be accomplished by registration in one (1) base state. Carriers electing to register under base state agreements shall be subject to the jurisdiction and authority of the Idaho transportation department to the same extent as they would if they did not participate in the base state agreement. The fees authorized by federal law, or such lesser fees as the participating states agree to, may be collected, and the base state may require further filings of certificates of insurance, surety bonds, et cetera, to show the carrier’s qualifications to operate. Participating carriers shall register their authority directly with the transportation department and not with other state or local agencies.
[49-201B, added 1999, ch. 383, sec. 5, p. 1057.]
(1) All registration and driver’s license records in the office of the department shall be public records and open to inspection by the public during normal business hours, except for those records declared by law to be for the confidential use of the department, or those records containing personal information subject to restrictions or conditions regarding disclosure. If the department has contracted for a service to be provided by another entity, an additional fee shall be charged by that contractor whether the service is rendered during normal business hours, other than normal business hours or on weekends.
(2) In addition to other fees required by law to be collected by the department, the department shall collect the following:
(a) For certifying a copy of any record pertaining to any vehicle license, any certificate of title, or any driver’s license
(b) For issuing every Idaho certificate of title
(c) For furnishing a duplicate copy of any Idaho certificate
of title
(d) For issuance or transfer of every certificate of title on a new or used vehicle or other titled vehicle in an expedited manner (rush titles), in addition to any other fee required by this section
(e) For recording a transitional ownership document, in addition to any other fee required by this section
(f) For furnishing a replacement of any physical receipt
of registration
(g) For furnishing copies of registration or ownership of motor vehicles or driver’s license records, per vehicle registration, accident report records, title or per driver’s license record
Additional contractor fee, not to exceed
(h) For services in searching files of vehicle or other
registrations, vehicle titles, or driver’s licenses per hour
(i) Placing "stop" cards in vehicle registration or title
files, each
(j) For issuance of an assigned or replacement vehicle
identification number (VIN)
(k) For a vehicle identification number (VIN) inspection whether conducted by a city or county peace officer or any other peace officer or designated agent of the state of Idaho, per inspection
(l) For all replacement stickers, each
(m) For issuing letters of temporary vehicle clearance
to Idaho-based motor carriers
(n) For all sample license plates, each
(o) For filing release of liability statements
(p) For safety and insurance programs for each vehicle operated
by a motor carrier
A lesser amount may be set by rule of the board.
(3) The fees required in this section shall not apply when the service is furnished to any federal, state, county or city peace officer when such service is required in the performance of their duties as peace officers.
(4) The department may enter into agreements with private companies or public entities to provide the services for which a fee is collected in subsection (2)(g) of this section. Such private contractor shall collect the fee prescribed and remit the fee to the department. The contractor shall also collect and retain the additional fee charged for his services.
(5)(a) The department shall pay three dollars ($3.00) of the fee collected by a county assessor or other authorized agent of the department as provided in subsection (2)(a) through (f) of this section, and four dollars ($4.00) as provided in subsection (2)(g) of this section, to the county assessor or sheriff of the county or authorized agent of the department collecting such fee, which shall be deposited with the county treasurer and credited to the county current expense fund when collected by the county. When fees are collected by the department or an authorized agent of the department, such fees shall be deposited with the issuing entity. The remainder of the fees collected as provided in that subsection shall be paid by the department to the state treasurer and placed in the state highway account.
(b) The fee collected under subsection (2)(k) of this section for a VIN inspection shall be placed in the city general fund if conducted by a city peace officer, in the county current expense fund if conducted by a county peace officer, shall be retained by the special agent authorized to perform the inspection, or paid to the state treasurer and placed to the credit of the Idaho state police if conducted by the Idaho state police or in the state highway account if conducted by the department.
(c) The fee collected under subsection (2)(o) of this section for filing release of liability statements shall be retained by the county assessor of the county collecting such fee and shall be deposited with the county treasurer and credited to the county current expense fund. Any fees collected by the department for filing release of liability statements shall be retained by the department. However, the fees provided for in subsection (2)(o) of this section shall not apply when a transaction is filed electronically with the department.
(d) The fee in subsection (2)(m) of this section shall not apply when the Idaho-based motor carrier or its representative obtains and prints the document using internet access.
(e) The fee collected under subsection (2)(p) of this section for motor carriers shall be paid by the department to the state treasurer and placed in the state highway account. The director and the director of the Idaho state police shall jointly determine the amount to be transferred from the state highway account to the law enforcement fund for motor carrier safety programs conducted by the Idaho state police pursuant to the provisions of section 67-2901A, Idaho Code.
(6) The department as often as practicable may provide to law enforcement agencies the record of suspensions and revocations of driver licenses via the public safety and security information system (ILETS).
(7) The department shall provide the forms prescribed in chapter 5 of this title, shall receive and file in its office in Ada county all instruments required in chapter 5 of this title to be filed with the department, shall prescribe a uniform method of numbering certificates of title, and shall maintain in the department indices for such certificates of title. All indices shall be by motor or identification number and alphabetical by name of the owner.
(8) The department shall file each registration received under a distinctive registration number assigned to the vehicle and to the owner thereof.
(9) The department shall not renew a driver’s license or identification card when fees required by law have not been paid or where fees for past periods are due, owing and unpaid including insufficient fund checks, until those fees have been paid.
(10) The department shall not grant the registration of a vehicle when:
(a) The applicant is not entitled to registration under the provisions of this title; or
(b) The applicant has neglected or refused to furnish the department with the information required in the appropriate form or reasonable additional information required by the department; or
(c) The fees required by law have not been paid, or where fees for past registration periods are due, owing and unpaid including insufficient fund checks.
(11) The department or its authorized agents have the authority to request any person to submit to medical, vision, highway, or written examinations, to protect the safety of the public upon the highways. The department or its authorized agents may exercise such authority based upon evidence which may include, but is not limited to, observations made.
(12) The department shall revoke the registration of any vehicle:
(a) Which the department shall determine is unsafe or unfit to be operated or is not equipped as required by law;
(b) Whenever the person to whom the registration card or registration plate has been issued shall make or permit to be made any unlawful use of the same or permit their use by a person not entitled thereto;
(c) For any violation of vehicle registration requirements by the owner or operator in the current or past registration periods;
(d) Whenever a motor carrier requests revocation, or whenever an interstate carrier’s federal operating authority has been revoked;
(e) For failure of the owner or operator to file the reports required or nonpayment of audit assessments or fees assessed against the owner by the department or the state tax commission pursuant to audit under the provisions of section 49-439, Idaho Code;
(f) Identified by any city or county administering a program established by ordinance for the inspection and readjustment of motor vehicles (which program is part of an approved state implementation plan adopted by both the state and federal governments under 42 U.S.C. 7410) as having failed to comply with an ordinance requiring motor vehicle emission inspection and readjustment; provided that no vehicle shall be identified to the department under this subsection unless:
(i) The city or county certifies to the department that the owner of the motor vehicle has been given notice and had the opportunity for a hearing concerning compliance with the ordinance and has exhausted all remedies and appeals from any determination made at such hearing; and
(ii) The city or county reimburses the department for all direct costs associated with the registration revocation procedure.
(13) The department shall not reregister or permit a vehicle to operate on a special trip permit until all fees, penalties and interest have been paid.
(14) The department shall institute educational programs, demonstrations, exhibits and displays.
(15) The department shall cancel a driver’s license or identification card when fees required by law have not been paid or where fees are due, owing and unpaid including insufficient fund checks, until those fees have been paid.
(16) The department shall examine persons and vehicles by written, oral, vision and skills tests without compulsion except as provided by law.
(17) The department shall employ expert and special help as needed in the department.
(18) The department shall compile accident statistics and disseminate information relating to those statistics.
(19) The department shall cooperate with the United States in the elimination of road hazards, whether of a physical, visual or mental character.
(20) The department shall place and maintain traffic-control devices, conforming to the board’s manual and specifications, upon all state highways as it shall deem necessary to indicate and to carry out the provisions of this title or to regulate, warn, or guide traffic. No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the department except by the latter’s permission. The placement and maintenance of such a traffic-control device by a local authority shall be made according to the board’s manual and specifications for a uniform system of traffic-control devices.
(21) The department may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and, if it shall find that the structure cannot with safety to itself withstand vehicles traveling at a speed otherwise permissible under this title, shall determine and declare the maximum speed of vehicles which the structure can safely withstand, and shall cause or permit suitable signs stating the maximum speed to be erected and maintained before each end of the structure.
(22) Whenever the department shall determine on the basis of an engineering and traffic investigation that slow speeds on any highway or part of a highway impede the normal and reasonable movement of traffic, the department may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law, and that limit shall be effective when posted upon appropriate fixed or variable signs.
(23) The department shall regulate or prohibit the use of any controlled-access highway by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.
(24) The department shall erect and maintain traffic-control devices on controlled-access highways on which any prohibitions are applicable.
(25) The department and local authorities are authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of those zones and when signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey those directions.
(26) The department and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this title or title 40, Idaho Code.
(27) The department and local highway authorities within their respective jurisdictions may place official traffic-control devices prohibiting, limiting or restricting the stopping, standing or parking of vehicles on any highway where such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles unduly interferes with the free movement of traffic thereon.
(28) On any informational material printed after July 1, 1995, by or at the order of the department and distributed to counties, school districts or individuals for the purpose of assisting a person to successfully pass a driver’s license test, the department shall include material about the state’s open range law and responsibilities, liabilities and obligations of drivers driving in the open range.
(29) All employees, agents, and contractors of the department who have access to the source systems used by the division of motor vehicles shall be required to complete data security compliance training and to pass a federal bureau of investigation criminal background check. The department shall administer access to and provide for the training required pursuant to this subsection.
[49-202, added 1988, ch. 265, sec. 5, p. 572; am. 1989, ch. 88, sec. 13, p. 167; am. 1989, ch. 310, sec. 8, p. 779; am. 1990, ch. 45, sec. 12, p. 86; am. 1991, ch. 143, sec. 1, p. 337; am. 1991, ch. 214, sec. 1, p. 511; am. 1992, ch. 35, sec. 6, p. 109; am. 1992, ch. 115, sec. 5, p. 354; am. 1992, ch. 173, sec. 1, p. 542; am. 1993, ch. 299, sec. 2, p. 1101; am. 1994, ch. 315, sec. 1, p. 1001; am. 1995, ch. 116, sec. 26, p. 407; am. 1995, ch. 209, sec. 1, p. 710; am. 1996, ch. 271, sec. 1, p. 879; am. 1997, ch. 80, sec. 7, p. 181; am. 1997, ch. 155, sec. 3, p. 443; am. 1998, ch. 110, sec. 9, p. 387; am. 1999, ch. 81, sec. 4, p. 242; am. 1999, ch. 383, sec. 6, p. 1057; am. 2000, ch. 320, sec. 3, p. 1082; am. 2000, ch. 418, sec. 6, p. 1335; am. 2000, ch. 469, sec. 112, p. 1571; am. 2001, ch. 183, sec. 20, p. 629; am. 2004, ch. 234, sec. 1, p. 687; am. 2007, ch. 21, sec. 1, p. 34; am. 2008, ch. 55, sec. 1, p. 138; am. 2009, ch. 331, sec. 2, p. 947; am. 2012, ch. 325, sec. 3, p. 898; am. 2019, ch. 274, sec. 1, p. 803; am. 2020, ch. 38, sec. 1, p. 75; am. 2023, ch. 286, sec. 1, p. 871; am. 2025, ch. 23, sec. 1, p. 67; am. 2026, ch. 9, sec. 1, p. 63; am. 2026, ch. 237, sec. 1, p. 1023.]
(1) Except as otherwise provided, the department and any officer, employee, agent or contractor thereof, shall not knowingly disclose to any person or entity personal information about any individual when such information was obtained from a motor vehicle or driver record.
(2) Personal information shall be disclosed, except as restricted in subsection (6) of this section, for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act (15 USC 1231 et seq.), the Motor Vehicle Information and Cost Savings Act (49 USC 32101 et seq.), the National Traffic and Motor Vehicle Safety Act of 1966, the Anti Car Theft Act of 1992, and the Clean Air Act (42 USC 7401 et seq., as amended.)
(3) Personal information may be disclosed if the requesting person demonstrates in such form and manner as the department prescribes, that he has obtained the written consent of the individual to whom the personal information pertains.
(4) Personal information may be disclosed, except as restricted in subsection (6) of this section, on proof of the identity of the person requesting a record, and representation by such person that the use of the personal information will be strictly limited to any of the following described uses:
(a) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions.
(b) For use in matters of motor vehicle or driver safety and theft; motor vehicle emissions, motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities, including survey research; and removal of nonowner records from the original records of motor vehicle manufacturers.
(c) For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only:
(i) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors; and
(ii) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
(d) For use in connection with any civil, criminal, administrative or arbitral proceeding in any federal, state or local court or agency or before any self-regulatory body, including the services of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court.
(e) For use in research activities, and for use in producing statistical reports, so long as personal information is not published, redisclosed or used to contact individuals.
(f) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees or contractors, in connection with claims investigation activities, rating or underwriting.
(g) For use in providing notice to the owners of towed or impounded vehicles.
(h) For use by any licensed private investigative agency or licensed security service for any purpose permitted under the provisions of title 49, Idaho Code.
(i) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 USC 31101 et seq.).
(j) For bulk distribution for surveys, marketing, or solicitations if the department has obtained the written consent of the person to whom such personal information pertains.
(k) For any other use specifically authorized under Idaho Code, if such use is related to public safety or the operation of a motor vehicle.
(l) For use in connection with the operation of private toll transportation facilities, including companies that operate parking facilities for the purpose of providing notice to the owners of vehicles who have used the facility.
(5) Personal information obtained in an individual’s motor vehicle or driver record shall be disclosed, except as restricted in subsection (6) of this section, in response to requests for individual motor vehicle or driver records without regard to the intended use of such personal information if the department has obtained the written consent of the person to whom such personal information pertains.
(6) In addition to the restrictions and prohibitions on the disclosure of personal information contained in motor vehicle and driver records, an individual’s photograph, digitized image of a photograph, digitized signature, social security number, and medical or disability information shall not be disclosed without the written consent of the person to whom such information pertains, except for uses permitted under subsections (4)(a) and (4)(d) of this section.
(7) Authorized recipients of personal information may redisseminate such information only for those purposes set forth in paragraphs (a) through (l) of subsection (4) of this section. For the purposes of this subsection (7), "authorized recipients" means an individual, organization or entity who receives personal information for uses permitted in paragraphs (a) through (l) of subsection (4) of this section and includes record redisseminators who agree to redisseminate such information only for the purposes set forth in paragraphs (a) through (l) of subsection (4) of this section.
[49-203, added 1997, ch. 80, sec. 8, p. 185; am. 2000, ch. 51, sec. 1, p. 98; am. 2000, ch. 52, sec. 1, p. 100]
(1) The department is authorized to adopt rules in compliance with Idaho’s motor vehicle and driver record disclosure requirements. The rules may include procedures under which the department, upon receiving a request for personal information that is not subject to disclosure as provided in section 49-203, Idaho Code, may mail a copy of such request to each individual who is the subject of the personal information, informing the individual of the request, together with a statement to the effect that disclosure is prohibited and will not be made unless the individual affirmatively elects to waive such individual’s right to privacy in the requested personal information.
(2) Disclosure of personal information permitted under the provisions of chapter 2, title 49, Idaho Code, shall be subject to payment by the requesting person to the department of all fees for the information required by statute, rule or the terms of any contract with the requesting person, on such terms for payment as may be required or agreed.
[49-203A, added 1997, ch. 80, sec. 9, p. 187.]
Any person requesting disclosure of personal information from department records who misrepresents his identity or makes a false statement to the department on any application required to be submitted to obtain records shall be guilty of perjury.
[49-204, added 1997, ch. 80, sec. 10, p. 188.]
(1) The assessors of the various counties of the state shall be agents of the department and shall perform duties prescribed in this title. With the concurrence of the department, a county assessor may appoint one (1) or more agents to perform the duties prescribed in chapters 4 and 5 of title 49, Idaho Code. Such agent shall post a faithful performance bond in an amount and form acceptable to the department. The assessor may negotiate for reasonable reimbursement of expenses to an agent for any duties performed by the agent under terms of agreement with the county assessor.
(2) The county assessors shall receive and file in their respective offices all instruments required by chapter 5 of this title to be filed with the county assessors.
(3) It shall be the duty of peace officers within the state of Idaho to enforce and make arrests for the violation of the provisions of this title without the necessity of procuring a warrant. It shall be the duty of authorized employees of the department to enforce compliance with the laws in accordance with section 40-511, Idaho Code.
[49-205, added 1988, ch. 265, sec. 6, p. 577; am. 1991, ch. 288, sec. 3, p. 744; am. 1999, ch. 85, sec. 1, p. 284; am. 2014, ch. 38, sec. 4, p. 74.]
The provisions of this title shall be applicable and uniform throughout this state in all political subdivisions and municipalities and no local authority shall enact or enforce any ordinance on a matter covered by the provisions of this title unless expressly authorized.
[49-206, added 1988, ch. 265, sec. 7, p. 577.]
(1) Authorities of counties and cities shall have no power to pass, enforce or maintain any ordinance requiring, from any owner of a vehicle or any dealer to which this title shall be applicable, any tax, license or permit for the free use of the public highways of a county or city, or prohibiting or excluding any owner or dealer from the free use of such highways or excluding or prohibiting any vehicle registered in compliance with the provisions of this title from the free use of the highways. Powers given by general statutes to local authorities in cities to enact general ordinances applicable equally and generally to all vehicles and the use of highways to bring about the orderly passage of vehicles upon certain highways in such cities where the traffic is heavy and continuous, and powers given to cities to regulate vehicles offered to the public for hire, or processions, assemblages or parades on the highways or in public places shall remain in full force and effect, and all ordinances which may have been or which may be enacted in pursuance of those powers shall remain in full force and effect. These provisions of law shall not be construed to prevent cities from enacting and enforcing general ordinances prescribing additional requirements as to speed, manner of driving or operating vehicles on any of the highways of such cities, and prescribing other requirements pertaining to signals to be given by drivers or operators of motor vehicles, the carrying of lights on motor vehicles, the turning of motor vehicles on highways, and requirements for motor vehicles in passing other vehicles and pedestrians.
(2) Whenever local authorities in their respective jurisdictions determine on the basis of an engineering or traffic investigation, and the residential, urban or business character of the neighborhood abutting the highway in a residential, business or urban district that the speed limit permitted under this title is greater than is reasonable and safe under the conditions found to exist upon a highway or part of a highway or because of the residential, urban or business character of the neighborhood abutting the highway in a residential, business or urban district, the local authority may determine and declare a reasonable and safe maximum limit which:
(a) Decreases the limit within a residential, business or urban district;
(b) Increases the limit within a nonresidential area of an urban district but not to more than seventy (70) miles per hour; or
(c) Decreases the limit outside an urban district.
(3) Local authorities in their respective jurisdictions shall determine by an engineering or traffic investigation the proper maximum speed not exceeding a maximum limit of seventy (70) miles per hour for all arterial highways and shall declare a reasonable and safe maximum limit which may be greater or less than the limit permitted under this title for an urban district.
(4) Any altered speed limit established shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice are erected upon the highway. Any alteration of maximum limits on state highways or extensions in a municipality by local authorities shall not be effective until the alteration has been approved by the department. Provided however, that any alteration of speed limits must be based upon a traffic engineering study approved by the department and completed according to department standards. The alteration of speed limits by local authorities shall be done in consultation with the department. In the event of disagreement between the department and local authorities, the department traffic study shall be adopted, unless the local government traffic study is submitted to the Idaho transportation department board and the board adopts the local study in whole or in part.
[49-207, added 1988, ch. 265, sec. 8, p. 577; am. 1989, ch. 310, sec. 9, p. 783; am. 1991, ch. 100, sec. 2, p. 222; am. 1996, ch. 270, sec. 3, p. 877; am. 1997, ch. 155, sec. 4, p. 448; am. 2012, ch. 325, sec. 4, p. 902; am. 2014, ch. 126, sec. 3, p. 359.]
(1) The provisions of this title shall not be deemed to prevent local authorities with respect to highways under their jurisdiction and within the reasonable exercise of the police power from:
(a) Regulating or prohibiting stopping, standing or parking;
(b) Regulating traffic by means of peace officers or traffic-control devices;
(c) Regulating or prohibiting processions or assemblages on the highways;
(d) Designating particular highways for use by traffic moving in one (1) direction;
(e) Establishing speed limits for vehicles in public parks;
(f) Designating any highway as a through highway or designating any intersection or junction of highways as a stop or yield intersection or junction;
(g) Restricting the use of highways as authorized in chapter 10, title 49, Idaho Code;
(h) Regulating or prohibiting the turning of vehicles or specified types of vehicles;
(i) Altering or establishing speed limits;
(j) Designating no-passing zones;
(k) Prohibiting or regulating the use of controlled-access highways by any class or kind of traffic;
(l) Prohibiting or regulating the use of heavily traveled highways by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;
(m) Establishing minimum speed limits;
(n) Prohibiting pedestrians from crossing a highway in a business district or any designated highway except in a crosswalk;
(o) Restricting pedestrian crossings at unmarked crosswalks;
(p) Establishing the maximum speed of vehicles on a bridge or other elevated structure;
(q) Requiring written accident reports;
(r) Regulating persons propelling pushcarts;
(s) Regulating persons upon skates, coasters, sleds and other toy vehicles;
(t) Adopting and enforcing temporary or experimental regulations as may be necessary to cover emergencies or special conditions;
(u) Prohibiting drivers of ambulances from exceeding maximum speed limits;
(v) Adopting such other traffic regulations as are specifically authorized by this title.
(2) No ordinance or regulation enacted under paragraphs (d) through (p) of subsection (1) of this section shall be effective until traffic-control devices giving notice of local traffic regulations are erected upon or at the entrances to the highway or part affected as may be most appropriate.
(3) No local authority shall erect or maintain any traffic-control device at any location so as to require traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the department.
(4) Local authorities by ordinance may adopt by reference all or any part of title 49, Idaho Code, without publishing or posting in full the provisions thereof, provided that not less than one (1) copy is available for public use and examination in the office of the clerk.
(5) Local authorities may adopt an ordinance establishing procedures for the abatement and removal of abandoned, junk, dismantled or inoperative vehicles or their parts from private or public property, including highways, provided the ordinance is not in conflict with the provisions of this title.
[49-208, added 1988, ch. 265, sec. 9, p. 578; am. 1990, ch. 45, sec. 13, p. 90; am. 1997, ch. 155, sec. 5, p. 449; am. 2012, ch. 325, sec. 5, p. 903.]
Local authorities in their respective jurisdictions shall place and maintain traffic-control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this title, or local traffic ordinances, or to regulate, warn or guide traffic. All traffic-control devices erected shall conform to the state manual and specifications referred to in section 49-201, Idaho Code; provided, however, that any offense created hereunder shall constitute an infraction as the same is defined in section 49-3401(3), Idaho Code.
[49-209, added 1988, ch. 265, sec. 10, p. 580.]
Local authorities by ordinance and the department by erecting appropriate traffic-control devices, are hereby empowered within their respective jurisdictions to prohibit pedestrians from crossing any highway except in a crosswalk.
[49-210, added 1988, ch. 265, sec. 11, p. 580.]
The department and local authorities in their respective jurisdictions may, after an engineering and traffic investigation, designate unmarked crosswalk locations where pedestrian crossing is prohibited or when pedestrians must yield the right-of-way to vehicles. Restrictions shall be effective only when traffic-control devices indicating the restrictions are in place.
[49-211, added 1988, ch. 265, sec. 12, p. 581.]
The department and local authorities with reference to highways under their jurisdiction may erect and maintain stop signs, yield signs, or other traffic-control devices to designate through highways, or to designate intersections or other junctions at which vehicular traffic on one or more of the highways should yield, or stop and yield, before entering the intersection or junction.
[49-212, added 1988, ch. 265, sec. 13, p. 581.]
(1) Local governments and owners of private property open to public use shall designate parking zones and spaces to be used exclusively by vehicles displaying a special license plate for a person with a disability, or a special placard as prescribed in section 49-410, Idaho Code. Any parking zones and spaces so designated shall conform to the following requirements:
(a) Parking lots will conform to the requirements of federal Public Law 101-336, Americans with disabilities act of 1990.
(b) One (1) parking space shall be designated for every thirty-five (35) spaces of on-street parking available on each downtown street block. These parking spaces shall be parallel with the sidewalk where parallel parking is required, or at an angle to the sidewalk where angle parking is required. Should angle parking be used, the parking spaces so designated for use by a person with a disability shall conform to the federal Americans with disabilities act. All accessible parking spaces shall be located on the shortest route to curb cuts and ramps for use by wheelchairs and other mobility aids and devices. For the purposes of this section, the term "downtown" means the business center of a city as designated by the city council of the city. The term "street block" means that portion of a city street between consecutive parallel intersections.
(c) For each designated parking space or area there shall be posted immediately adjacent to, and visible from each stall or space, a sign consisting of the international accessibility symbol as shown in section 49-410, Idaho Code.
(d) Should any city desire to modify any of the requirements of subsection (1)(a) or (b) of this section, a city council may do so by ordinance, after complying with the following requirements:
The city council, or any other body designated by the city council by ordinance, shall receive a recommendation from a board, commission or committee created in conformity with section 50-210, Idaho Code, of which at least one-half (1/2) of the members shall be persons with a disability as defined in section 49-117, Idaho Code; and
The city shall cause notice of public hearing on the proposed ordinance modifying the standards specified in subsection (1)(a) or (b) of this section, to be published in a newspaper of general circulation in the city at least fourteen (14) days before the public hearing.
(2) Parking a vehicle or the standing of a vehicle in a space reserved for a person with a disability, which space is signed in conformance with the requirements specified in subsection (1)(c) of this section, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or placard or temporary placard for a person with a disability is displayed on the vehicle. It is prohibited for any person to park a motor vehicle in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in such manner as it would block access to a curb cut or ramp. The registered owner of a vehicle parked in violation of the provisions of this subsection is guilty of an infraction, which is punishable by a fine of one hundred dollars ($100). Vehicles parked in violation of this section may be towed pursuant to provisions of state law or local ordinance.
(3) Law enforcement officials and/or their designees as authorized by a city or county are empowered to enter upon private property open to public use to enforce the provisions of this section.
[49-213, added 1988, ch. 265, sec. 14, p. 581; am. 1989, ch. 310, sec. 10, p. 784; am. 1994, ch. 264, sec. 3, p. 817; am. 2003, ch. 162, sec. 1, p. 456.]
Any officer or employee of any school or school district operating a school bus who violates any regulations promulgated in conformance with the provisions of section 49-201, Idaho Code, may be guilty of misconduct and subject to removal from office or employment. Any person operating a school bus under contract with a school or school district who fails to comply with any regulations may be guilty of breach of contract and such contract may be cancelled after notice of hearing by the responsible officers of the school or school district.
[49-217, added 1988, ch. 265, sec. 15, p. 582.]
The director of the Idaho state police shall designate any particular vehicle as an authorized emergency vehicle upon a finding that designation of that vehicle is necessary to the preservation of life or property, or to the execution of emergency governmental functions.
Any person who operates a motor vehicle in a manner which would lead one to reasonably believe it was an emergency vehicle without prior approval of the director of the Idaho state police, shall be guilty of a misdemeanor and shall be subject to a fine of not less than three hundred dollars ($300) and may be incarcerated for not more than thirty (30) days in jail for each occurrence.
[49-218, added 1988, ch. 265, sec. 16, p. 582; am. 2000, ch. 469, sec. 113, p. 1576.]
(1) It shall be the responsibility of the owner of real property to remove from his property any hedge, shrubbery, fence, wall or other sight obstructions of any nature, except public traffic or highway signs, buildings and trees, where these sight obstructions constitute a potential traffic hazard. The above sight obstructions shall not extend more than three (3) feet, or less than ten (10) feet, in height above the existing center line highway elevation within the vision triangle of vehicle operators. The boundaries of the vision triangle are defined by measuring from the intersection of the edges of two (2) adjacent highways forty (40) feet along each highway and connecting the two (2) points with a straight line. The sight distance obstruction restriction is also applicable to railroad-highway grade crossings with vision triangle defined by measuring forty (40) feet along the railroad property line when intersecting with a highway.
(2) When the department or any local authority determines that a traffic hazard exists, it may notify the owner and order that the hazard be removed within an appropriate time as determined by the department or local authority, considering the circumstances and conditions involved. The appropriate time may be specified in the notice. Such notice shall not obligate the department or local authorities to pursue removal or abatement until all legal remedies are exhausted.
(3) The failure of the owner to remove the traffic hazard within the appropriate specified time shall constitute a misdemeanor and every day the owner shall fail to remove the obstruction may be considered a separate and distinct offense. Civil action may also be initiated by state or local officials to enforce vision triangle restrictions.
(4) Local officials may, by resolution or ordinance, establish standards and procedures for protecting vision triangles at the intersections of local streets and roads. Such locally adopted standards or procedures, which may be more or less restrictive than the provisions hereof, shall not modify the standards established by this section concerning intersections with state maintained highways and intersections with railroads.
[49-221, added 1988, ch. 265, sec. 17, p. 583; am. 1998, ch. 408, sec. 1, p. 1265.]
Nothing in this title shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner, and not as a matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in this title, or otherwise regulating such use as may seem best to the owner, except as provided in section 49-213, Idaho Code.
[49-222, added 1988, ch. 265, sec. 18, p. 583.]
A person shall not sell nor offer for sale any sign, signal, marking or other device intended to regulate, warn or guide traffic unless it conforms with the adopted state manual and specifications.
[49-223, added 1988, ch. 265, sec. 19, p. 583.]
It shall be unlawful and a felony for the owner of any vehicle to file an affidavit as required in section 49-449, Idaho Code, knowing the same to be false or misleading.
[49-226, added 1988, ch. 265, sec. 20, p. 584.]
Any person who shall operate a vehicle, not his own, without the consent of the owner, and with intent temporarily to deprive the owner of his possession of such vehicle, without intent to steal the vehicle, shall be guilty of a misdemeanor, unless the damages caused to the vehicle as a result of a violation of this section exceed one thousand dollars ($1,000) in value, or the value of property taken from the vehicle exceeds one thousand dollars ($1,000), or a combination of the damages caused to the vehicle and the value of property taken exceeds one thousand dollars ($1,000), in which case such person is guilty of a felony. The consent of the owner of a vehicle to its taking or operating shall not in any case be presumed or implied because of such owner’s consent on a previous occasion to the taking or operating of the vehicle by the same or a different person. Any person who assists in, or is a party or accessory to or an accomplice in any unauthorized taking or operation shall also be guilty of a misdemeanor, unless the damages caused to the vehicle as a result of a violation of this section exceed one thousand dollars ($1,000) in value, or the value of property taken from the vehicle exceeds one thousand dollars ($1,000), or a combination of the damages caused to the vehicle and the value of property taken exceeds one thousand dollars ($1,000), in which case such person is guilty of a felony. For the purpose of this section vehicle shall include, but is not limited to vehicles defined in section 49-123, Idaho Code, boats, airplanes, snowmobiles, three and four wheel all-terrain vehicles, hot air balloons, hang gliders, jet skis and motorcycles.
[49-227, added 1988, ch. 265, sec. 21, p. 584; am. 1992, ch. 75, sec. 1, p. 213; am. 2005, ch. 117, sec. 1, p. 377.]
Any person who, with intent to procure or pass title to a vehicle which he knows or has reason to believe has been stolen, shall receive or transfer possession of the vehicle from or to another, or who shall have in his possession any vehicle which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as an officer of the law, shall be guilty of a felony and upon conviction shall be punished as provided in section 18-112, Idaho Code.
[49-228, added 1988, ch. 265, sec. 22, p. 584.]
Except as authorized by section 49-1806, Idaho Code, any person who shall individually, or in association with one (1) or more others, willfully break, injure, tamper with or remove any part or parts of any vehicle for the purpose of injuring, defacing or destroying the vehicle, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of the vehicle, or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of the vehicle shall be guilty of a misdemeanor.
[49-229, added 1988, ch. 265, sec. 23, p. 584; am. 2018, ch. 324, sec. 3, p. 755.]
Any person who knowingly buys, receives, disposes of, sells, offers for sale or has in his possession any tractor, trailer, or other farm implement or engine removed from a tractor or farm implement from which the manufacturer’s serial or engine number or other distinguishing number or identification mark or number, has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of the tractor, trailer or farm implement or engine, is guilty of a felony.
[49-231, added 1988, ch. 265, sec. 25, p. 585.]
No person shall with fraudulent intent deface, destroy or alter the manufacturer’s serial or engine number or other distinguishing number or identification mark of a vehicle or a tractor, or other farm implement; nor shall any person place or stamp any fictitious or unauthorized serial, engine or other number of distinguishing mark with the intention that the same pass for a number or mark placed thereon by the manufacturer of the vehicle or tractor or farm implement. This section shall not prohibit the restoration by an owner or repair man of an original serial, engine or other number or distinguishing mark, but is designed to prohibit and prevent the fraudulent removal or alteration of marks or numbers placed on the vehicles or tractors and other farm implements by the manufacturer.
[49-232, added 1988, ch. 265, sec. 26, p. 585.]
(1) The director of the Idaho state police, his officers and employees, and other peace officers as the director of the Idaho state police may authorize in writing may, upon reasonable cause, require the driver of a vehicle to stop and submit the vehicle and its equipment to an inspection and a test as may be appropriate.
(2) In the event a vehicle is found to be in an unsafe condition, or the required equipment is not present, or is not in proper repair and adjustment, the officer shall give a written notice to the driver and send a copy to the Idaho state police. The notice shall require that the vehicle be placed in safe condition and its equipment in proper repair and adjustment, and a certificate of inspection and approval for the vehicle be obtained within five (5) days. Every owner or driver upon receiving such a notice shall comply with the notice and shall within the five (5) days secure an endorsement upon the notice by the person making the repair or adjustment that the vehicle is in safe condition and its equipment in proper repair and adjustment, and shall forward the notice to the Idaho state police.
(3) No person shall operate any vehicle after receiving a notice as provided in this section, until the vehicle and its equipment have been placed in proper repair and adjustment and otherwise made to conform to the requirements of this title.
[49-235, added 1988, ch. 265, sec. 27, p. 586; am. 2000, ch. 469, sec. 114, p. 1576.]
(1) It is a misdemeanor for any person to violate any of the provisions of this title except the provisions of chapter 3, other than sections 49-301, 49-316, 49-331 and 49-332, Idaho Code, chapter 4 and chapters 6 through 9 of this title, unless otherwise specifically provided.
(2) It is an infraction for any person to violate any of the provisions of chapters 3, 4 and 6 through 9 of this title unless otherwise specifically provided.
(3) Any offense punishable by imprisonment in the state penitentiary is a felony.
(4) Punishments shall be as provided in sections 18-111, 18-112, 18-113 and 18-113A, Idaho Code, unless otherwise specifically provided.
(5) Whenever a person is arrested for any violation of the provisions of this title declared to be a felony, he shall be dealt with in like manner as upon arrest for the commission of any other felony.
(6) It is an infraction punishable by a fine of seventy-five dollars ($75.00) for any person to violate the provisions of either section 49-1229, 49-1232 or 49-1428, Idaho Code.
[49-236, added 1988, ch. 265, sec. 28, p. 586; am. 1990, ch. 432, sec. 1, p. 1198; am. 1992, ch. 115, sec. 6, p. 358; am. 2000, ch. 327, sec. 1, p. 1102.]
Upon the conviction or reversal of conviction of any person for the violation of any of the provisions of this title, the judicial officer before whom the proceedings are had or the clerk of the district court shall immediately transmit the facts of the case to the department, either in paper or electronic form, including the name, address, date of birth, and the driver’s license number or social security number of the party charged, and any judgment issued, including a withheld judgment. The judicial officer or the clerk of the district court shall also forward to the department information regarding the character of the punishment, and the amount of any fine imposed and paid, the ordered sentence and its terms, and the ordered suspension period, including when the suspension is to commence. The information provided to the department shall be certified if submitted in paper form; no certification is required for electronic transfers of information. The department shall enter the facts either in the records of registered vehicles, or in the records of registered dealers, or in the driver’s license records, as the case may be, opposite the name of the person so convicted, and in the case of any other person, in a record of offenders, to be kept for that purpose. If an individual is reincarcerated while that person’s driver’s license or driving privileges are suspended, the department of correction is to notify the department that the individual is reincarcerated, as well as the terms and period of reincarceration. If the conviction be reversed on appeal, the person whose conviction has been reversed may serve on the department a certified copy of the order of reversal, and the department shall enter the reversal in the proper records.
[49-237, added 1988, ch. 265, sec. 29, p. 587; am. 1998, ch. 110, sec. 10, p. 392; am. 1998, ch. 152, sec. 1, p. 523; am. 1999, ch. 81, sec. 5, p. 246.]
(1) In every charge of violation of any speed regulation in this title, the complaint or citation shall specify the speed at which the defendant is alleged to have been driving and the speed limit applicable within the district or at the location.
(2) The provision of this title declaring maximum speed limitations shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.
(3) Upon the trial of any person charged with a violation of speed limitations, proof of determination of the maximum speed by the local jurisdictions and the existence of appropriate signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to a bridge or structure.
[49-238, added 1988, ch. 265, sec. 30, p. 587.]
All fines, penalties, and forfeitures collected for violations of any of the provisions of chapter 4 of this title, shall be remitted to the state treasurer and placed in the highway distribution account.
(2) All other fines, penalties and forfeitures collected by any court or judge, for violation of motor vehicle laws, for violation of state driving privilege laws or for any other provisions of this title, shall be distributed as provided in section 19-4705, Idaho Code.
(3) All fees collected shall be remitted to the state treasurer and placed in the highway distribution account unless otherwise provided in this title.
[49-239, added 1988, ch. 265, sec. 31, p. 588.]
(1) Whenever a person has received a written uniform misdemeanor traffic citation, summons or complaint containing a notice to appear before a magistrate, and if the attorney prosecuting the case and the defendant concur that it is in the best interest of justice that the defendant may post and forfeit an amount of the bond agreed upon by the parties, the court shall dismiss the charge. When bond is forfeited under the provisions of this subsection, no violation points, as prescribed in section 49-326, Idaho Code, shall accrue. A forfeiture of bond under the provisions of this subsection shall not be recorded as a conviction, but the proceeds of the bond shall be distributed as court costs and fines as though there were a conviction.
(2) The provisions of subsection (1) of this section shall not be available when citations, summons or complaints are written for a violation of the provisions of section 18-8001, 18-8004, 18-8006 or 49-1401, Idaho Code.
(3) Whenever a person who, while operating a commercial motor vehicle or whenever a holder of a class A, B or C license, has received a written uniform traffic citation, summons or complaint containing a notice to appear before a magistrate for an offense arising out of the operation of a motor vehicle, any bond forfeiture shall be treated as though it were a conviction.
[49-240, added 1988, ch. 265, sec. 32, p. 588; am. 1992, ch. 161, sec. 1, p. 517; am. 1996, ch. 371, sec. 4, p. 1253; am. 2006, ch. 164, sec. 3, p. 492; am. 2010, ch. 49, sec. 2, p. 91.]
The provisions of this title are declared to be severable, and if any provision of this title or the application of that provision to any person or circumstance is declared invalid for any reason, that declaration shall not affect the validity of remaining portions of this title.
[49-243, added 1988, ch. 265, sec. 33, p. 588.]
Notwithstanding the residency and domicile requirements provided for in chapters 1, 4 and 5 of title 49, Idaho Code, enrolled tribal members, residing and domiciled within the boundaries of a federally recognized Indian reservation, which boundaries are located in whole or in part within this state, shall be considered Idaho residents for purposes of vehicle registration and vehicle titling in Idaho.
[49-244, added 2013, ch. 258, sec. 2, p. 635; am. 2014, ch. 97, sec. 29, p. 289.]
(1) The department shall collect from each applicant for any type of driver’s license pursuant to chapter 3, title 49, Idaho Code, or for an identification card pursuant to sections 49-2442 and 49-2443, Idaho Code:
(a) The name and phone number of no more than two (2) next of kin who are eighteen (18) years of age or older and whom the applicant wishes to be notified in the event of an emergency involving the applicant; or
(b) An indication that the applicant has chosen not to provide any next of kin information pursuant to this section.
(2) The department shall confidentially maintain all next of kin information collected pursuant to subsection (1) of this section. Such information shall be made available only under the circumstances described in subsection (3) of this section.
(3) Next of kin information collected by the department pursuant to this section shall be disclosed only to a coroner, state police officer, sheriff, or other peace officer in this state or another state for the purpose, as applicable, of making contact with the person or persons named as next of kin by an individual to report only the injury, death, or other emergency situation involving such individual. Such information shall be communicated by the department or otherwise made available to a coroner, state police officer, sheriff, or other peace officer only through the Idaho public safety and security information system.
(4) The department shall establish and maintain procedures by which individuals may update, change, or revoke their election to provide the department with next of kin information as provided for in this section. The department shall also establish and maintain procedures by which persons identified as next of kin for another individual may remove themselves as such person’s next of kin.
(5) The department is authorized to promulgate rules if necessary to carry out the requirements of and to enforce the provisions of this section.
(6) For the purposes of this section only, "next of kin" means the closest living blood relative, including spouse, adult child, parents, siblings, grandparents, aunts and uncles, and cousins.
[49-245, added 2024, ch. 118, sec. 1, p. 504.]
(1) No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver’s license. Provided however, that those persons holding a restricted school attendance driving permit may drive upon a highway pursuant to the restrictions set forth in section 49-307A, Idaho Code.
(2) No person shall operate a motorcycle upon a highway unless he has a motorcycle endorsement on his valid driver’s license. The provisions of this subsection shall not apply to persons operating autocycles.
(3) No person shall operate a motor vehicle in violation of any valid restriction identified on, or attached to, his valid driver’s license.
(4) No person shall receive a class D driver’s license unless and until he surrenders to the department all driver’s licenses in his possession issued to him by Idaho or any other jurisdiction for use within the United States, or any identification cards issued by any other jurisdiction within the United States, or until he executes an affidavit that he does not possess a driver’s license or any identification cards.
(5) No person shall be permitted to have more than one (1) driver’s license issued for use within the United States at any time.
(6) No person shall operate a commercial motor vehicle as defined in section 49-123, Idaho Code, upon a highway:
(a) Without obtaining a commercial driver’s license.
(b) Without having the appropriate class A, B or C commercial driver’s license in the operator’s possession.
(c) Without the proper license class of commercial driver’s license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
(d) Unless the operator has a seasonal or class A, B or C driver’s license with required endorsements in his possession.
(e) Without having a current and valid medical examiner’s certificate on file with the department while operating in a "non-excepted" status as required by the federal motor carrier safety administration. Medical examiner’s certificates submitted for filing must be legible and shall be submitted in a manner acceptable to the department. If the federal motor carrier safety administration has issued a medical exemption letter or skill performance evaluation certificate, the driver must have the current and valid documentation in physical possession and available upon request to a duly authorized federal, state or local enforcement official.
(7) Any holder of a class A, B or C commercial driver’s license issued by a jurisdiction other than Idaho shall apply for an Idaho-issued commercial driver’s license within thirty (30) days of establishing a domicile in Idaho. In accordance with the federal motor carrier safety regulations, no person shall receive a class A, B or C driver’s license unless and until he surrenders to the department all driver’s licenses in his possession issued to him by Idaho or any other jurisdiction.
(8) A person operating a vehicle that requires a class A, B or C license without a current and valid license required to drive such vehicle is guilty of a misdemeanor. Except as provided in sections 18-8001(1) and 49-304, Idaho Code, operating a vehicle without a current and valid class D driver’s license in violation of this section is an infraction punishable by a fine of one hundred fifty dollars ($150). A second conviction for operating a vehicle without a current and valid class D driver’s license within a period of five (5) years of the first conviction is an infraction punishable by a fine of three hundred dollars ($300). A third and any subsequent conviction for operating a vehicle without a current and valid class D driver’s license within a period of five (5) years of the first conviction shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both.
[49-301, added 1988, ch. 265, sec. 35, p. 589; am. 1989, ch. 88, sec. 14, p. 171; am. 1990, ch. 45, sec. 14, p. 91; am. 1993, ch. 300, sec. 2, p. 1109; am. 1994, ch. 234, sec. 3, p. 733; am. 1996, ch. 371, sec. 5, p. 1253; am. 1998, ch. 100, sec. 1, p. 349; am. 1999, ch. 81, sec. 7, p. 247; am. 2000, ch. 327, sec. 2, p. 1102; am. 2002, ch. 235, sec. 1, p. 696; am. 2002, ch. 355, sec. 1, p. 1011; am. 2004, ch. 126, sec. 3, p. 430; am. 2006, ch. 164, sec. 4, p. 492; am. 2011, ch. 60, sec. 2, p. 127; am. 2015, ch. 230, sec. 2, p. 724; am. 2018, ch. 298, sec. 2, p. 706.]
The following persons are exempt from licensing if driving privileges are not suspended, canceled, revoked, disqualified, denied or refused:
(1) Any person while driving or operating any farm tractor or implement of husbandry when incidentally operated on a highway.
(2) Farmers are exempt from obtaining a class A, B or C driver’s license to operate a commercial motor vehicle that is:
(a) Controlled and operated by a farmer, including operation by employees or family members; and
(b) Used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and
(c) Not used in the operations of a common or contract motor carrier; and
(d) Used within one hundred fifty (150) miles of the person’s farm.
(3) Any person is exempt from obtaining a class A, B or C driver’s license for the operation of commercial motor vehicles that are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulations.
(4) Any person is exempt from obtaining a class A, B or C license to operate a commercial vehicle that is exclusively used to transport personal possessions or family members for nonbusiness or recreational purposes.
(5) A nonresident who is at least fifteen (15) years of age and who has in his immediate possession a valid driver’s license issued to him in his home state or country may operate a motor vehicle in Idaho only as a class D operator with driving privileges restricted to daylight hours only pursuant to section 49-307(10), Idaho Code, and with full privileges at sixteen (16) years of age, and only if Idaho residency is not established.
(6) A nonresident who is at least fifteen (15) years of age and who has in his possession a valid driver’s license with a motorcycle endorsement or who has a valid motorcycle driver’s license issued to him in his home state or country may operate a motorcycle in Idaho with driving privileges restricted to daylight hours only and with full privileges at sixteen (16) years of age.
(7) A nonresident who has in his immediate possession a valid commercial driver’s license issued to him in his home state or country may operate a motor vehicle in Idaho.
(8) A nonresident on active duty in the armed forces of the United States who has a valid driver’s license issued by his home jurisdiction and such nonresident’s spouse or dependent son or daughter who has a valid driver’s license issued by such person’s home jurisdiction.
(9) Any active duty military personnel, active duty U.S. coast guard personnel, and members of the reserves and national guard on active duty, including personnel on full-time national guard duty, personnel on part-time training, and national guard military technicians who as civilians are required to wear military uniforms and are subject to the code of military justice, are exempt from obtaining a commercial driver’s license to operate military vehicles. This exemption does not apply to U.S. reserve technicians.
(10) Any person with a valid driver’s license issued in their name is exempt from the requirement to obtain a motorcycle endorsement on the license when operating a motorcycle on highways or sections of highways designated for unregistered motorcycle use under section 49-426(3), Idaho Code.
(11) Any person under the age of sixteen (16) years when operating an ATV, UTV, specialty off-highway vehicle or motorbike on roads on federal or state land where the road is not part of the highway system of the state of Idaho or local road management authority and is supervised by a licensed adult operator eighteen (18) years of age or older, and the road is open for such use, subject to the following:
(a) Any unlicensed operators under the age of sixteen (16) years on national forest roads must have completed a motorbike or ATV safety course approved by the Idaho department of parks and recreation, and a certificate or other proof of completion of such safety course shall be in the possession of the unlicensed operator of any ATV, UTV, specialty off-highway vehicle or motorbike or shall be present in the vehicle at all times when the vehicle is operated on national forest roads. The certificate or proof of completion shall be provided for inspection to any peace officer upon request. No person shall be convicted of violating the provisions of this subsection if that person produces, at any time prior to conviction, the certificate or proof of completion of the approved safety course where the certificate shows completion of the course prior to the violation. In the event of a violation of the provisions of this subsection, the supervising adult may be charged with an infraction.
(b) For purposes of this subsection, "supervised" means that the supervising adult must be in a position, on another ATV, UTV, specialty off-highway vehicle or motorbike, or if on the ground, within three hundred (300) feet of the unlicensed operator, to provide close support, assistance or direction to the unlicensed operator.
[49-302, added 1988, ch. 265, sec. 36, p. 589; am 1989, ch. 88, sec. 15, p. 171; am. 1990, ch. 45, sec. 15, p. 92; am. 1991, ch. 89, sec. 2, p. 199; am. 1992, ch. 115, sec. 7, p. 358; am. 1994, ch. 234, sec. 4, p. 734; am. 1998, ch. 110, sec. 12, p. 392; am. 2000, ch. 315, sec. 1, p. 1060; am. 2003, ch. 47, sec. 1, p. 176; am. 2008, ch. 194, sec. 2, p. 610; am. 2009, ch. 157, sec. 6, p. 465; am. 2011, ch. 330, sec. 1, p. 966; am. 2023, ch. 17, sec. 1, p. 123; am. 2024, ch. 33, sec. 2, p. 232.]
The department shall not issue any driver’s license, any instruction permit, privileges, or right to drive and, if issued, shall revoke or cancel the driver’s license of a person who:
(1) As an operator of a vehicle requiring a class D driver’s license, is under the age of seventeen (17) years, except that the department may issue a driver’s license to any person who has successfully completed an approved driver’s training course, who has completed the requirements of a class D supervised instruction permit, and who is at least fifteen (15) years of age, with driving privileges restricted to daylight hours only pursuant to section 49-307(10), Idaho Code, and with full privileges at sixteen (16) years of age. If a person who is at least fifteen (15) years but is under seventeen (17) years of age has successfully completed an approved driver’s training course and has been issued a driver’s license in another state, he may be issued a class D driver’s license in this state. Provided however, that a restricted school attendance driving permit may be issued to those persons meeting the criteria set forth in section 49-307A, Idaho Code.
(2) As an operator of a vehicle requiring a class D driver’s license, is under the age of seventeen (17) years and has not successfully completed an approved driver’s training course and has not satisfied the requirements of a class D supervised instruction permit. Provided however, that a restricted school attendance driving permit may be issued to those persons meeting the criteria set forth in section 49-307A, Idaho Code.
(3) As an operator of a commercial vehicle requiring a class A, B or C driver’s license, is under the age of eighteen (18) years.
(4) Applicants with less than one (1) year of driving experience, as evidenced by a previous driver’s license, shall not be issued a class A, B or C driver’s license or a class A, B or C instruction permit.
(5) As a driver, has had his license, class D instruction permit, restricted school attendance driving permit, privileges or right to drive suspended for the duration of the suspension, nor to any person who has had his class D driver’s training instruction permit or class D supervised instruction permit canceled for the duration of the cancellation, nor to any person whose license has been revoked, suspended, canceled or disqualified by this state or any other jurisdiction; provided however, where a driver’s license has been revoked, suspended, canceled or disqualified in any other jurisdiction, and the driver has completed the period of revocation, suspension, cancellation or disqualification as specified by the jurisdiction, that person may be granted a class D driver’s license in this state if five (5) years have elapsed from the time of eligibility for reinstatement in the other jurisdiction, even though the driver has not fulfilled the requirements for reinstatement in the other jurisdiction. Notwithstanding the provisions of this section, a person who has had his noncommercial Idaho driver’s license suspended may renew his driver’s license as provided in section 49-319, Idaho Code, which renewal shall be subject to the suspension.
(6) Has been adjudged by a court of competent jurisdiction to be a habitual drunkard or addicted to the use of narcotic drugs and such order has been received by the department.
(7) Has been adjudged by a licensed physician or by a court of competent jurisdiction to be afflicted with or suffering from any mental incompetence that would affect the person’s ability to safely operate a motor vehicle and who has not at the time of application been restored to competency by the methods provided by law and such order has been received by the department.
(8) Is required by the provisions of this chapter to take an examination, unless that person shall have successfully passed such examination.
(9) May be required under any law of this state to furnish proof of financial responsibility and who has not furnished that proof.
(10) The department has good cause to believe that the operation of a motor vehicle on the highways by that person would be harmful to public safety or welfare.
(11) Is disqualified for a class A, B or C driver’s license, except he may be issued a class D driver’s license.
(12) Is under eighteen (18) years of age, is not enrolled in school, and has not received a waiver pursuant to or has not satisfactorily completed school as provided in section 49-303A, Idaho Code.
(13) Is not a resident of the state of Idaho.
(14) Is not lawfully present in the United States.
[49-303, added 1988, ch. 265, sec. 37, p. 590; am. 1989, ch. 88, sec. 16, p. 172; am. 1989, ch. 426, sec. 1, p. 1054; am. 1990, ch. 45, sec. 16, p. 93; am. 1991, ch. 89, sec. 3, p. 200; am. 1992, ch. 115, sec. 8, p. 359; am. 1996, ch. 348, sec. 1, p. 1159; am. 1996, ch. 371, sec. 6, p. 1254; am. 1998, ch. 110, sec. 13, p. 394; am. 2000, ch. 214, sec. 4, p. 587; am. 2001, ch. 168, sec. 1, p. 580; am. 2002, ch. 235, sec. 2, p. 697; am. 2003, ch. 47, sec. 2, p. 177; am. 2007, ch. 110, sec. 1, p. 316; am. 2008, ch. 63, sec. 1, p. 155; am. 2008, ch. 194, sec. 3, p. 611; am. 2022, ch. 118, sec. 1, p. 426; am. 2023, ch. 17, sec. 2, p. 125; am. 2024, ch. 33, sec. 3, p. 233; am. 2024, ch. 40, sec. 1, p. 244.]
(1) Attendance requirements. The department may issue a driver’s license, a class D driver’s training instruction permit, a class D supervised instruction permit, or a class D instruction permit to a minor younger than eighteen (18) years of age if, at the time of application, the minor:
(a) Has received a high school diploma, a high school equivalency diploma, a special diploma or a certificate of high school completion;
(b) Is enrolled in a public or private school and satisfies relevant attendance requirements;
(c) Is enrolled in a study course in preparation for a test of general educational development and satisfies relevant attendance requirements;
(d) Is enrolled in a home education program and satisfies the requirements of rules of the state board of education and the state department of education for such programs; provided that students shall be in compliance with the requirements and have been enrolled in the home education program for at least one (1) school year prior to verification of the attendance request, unless documentation of meeting the requirements of this section in the school year contiguous to enrollment in the home education program can be provided;
(e) Is enrolled in an accredited college or university;
(f) Is enrolled in a postsecondary vocational program or a postsecondary adult vocational program and satisfying relevant attendance requirements;
(g) Is enrolled in a job training program pursuant to state or federal law and satisfying relevant attendance requirements; or
(h) Is enrolled in other educational activities approved by the board of trustees of the school district and satisfying relevant attendance requirements.
(2) (a) An applicant for a driver’s license who is under the age of eighteen (18) shall provide written verification of compliance with the requirements of subsection (1) of this section or receipt of a waiver therefrom pursuant to subsection (3) of this section to the department. The necessary verification shall be obtained from the school district. If the applicant is enrolled in or has graduated from a private high school, the verification shall be obtained by the applicant from the governing body of the private school. A school district shall not refuse to provide written verification of compliance with the requirements of this section to the department.
(b) Schools may implement interventions designed to improve student attendance with their district policies and procedures.
(c) When applying for a license or any instruction permit, an applicant under age eighteen (18) must provide written verification to the department of compliance with the requirements of subsection (1) of this section or receipt of a waiver therefrom, pursuant to subsection (3) of this section. Written verification shall be obtained from the applicant’s school. The applicant’s school shall not refuse to provide written verification of compliance with the requirements of this section to the department.
(3) (a) A public school principal, or the principal’s designee, or the designee of the governing body of a private school shall provide written notification to a minor and the minor’s parent, guardian or custodian of the school district’s or private school’s intent to request that the department suspend the minor’s driving privileges because the minor has dropped out of school and has failed to comply with the requirements of subsection (1) of this section.
(b) The minor or the parent, guardian or custodian of the minor shall have fifteen (15) calendar days from the date of receipt of this notice to request a hearing before the public school principal, or the principal’s designee, or the designee of the governing body of a private school for the purpose of reviewing the pending suspension. The hearing shall be conducted within thirty (30) calendar days after the public school principal, or the principal’s designee, or the designee of the governing body of a private school receives the request.
(c) The public school principal, or the principal’s designee, or the designee of the governing body of a private school shall waive the requirements of subsection (1) of this section for any minor under its jurisdiction for whom a personal or family hardship requires that the minor have a driver’s license for his or her own or his or her family’s employment or medical care. The public school principal, or the principal’s designee, or the designee of the governing body of a private school shall take into account the recommendations of teachers, other school officials, guidance counselors or academic advisors prior to granting a waiver to the requirements of subsection (1) of this section.
(d) The hardship waiver provided in paragraph (c) of this section shall be requested, if desired by the minor or the minor’s parent, guardian or custodian at the initial hearing.
(4) Any person denied a hardship waiver by a public school principal, or the principal’s designee, or the designee of the governing body of a private school may appeal the decision to the board of trustees of the school district or the governing body of the private school. The public or private school shall notify the department of all students not in compliance with subsection (1) of this section or who have been granted a hardship waiver pursuant to subsection (3) of this section.
(5) Upon receiving written verification that the reinstatement fees have been paid and the minor is again in compliance with the requirements of subsection (1) of this section, the department shall reinstate the minor’s privilege to drive. Thereafter, if the school district determines that the minor is not in compliance with the requirements of subsection (1), the department shall suspend the minor’s driving privilege until the minor is eighteen (18) years old or otherwise satisfies the requirements of subsection (1) of this section, whichever occurs first.
(6) The department shall report quarterly to each school district the disposition of all requests to suspend driver’s licenses of students of that district. Beginning with the 1996-97 school year, each school district and each private school shall report the number of notifications issued of possible student driver’s license suspensions based on nonattendance, requests to the department to suspend a driver’s license and student driver’s licenses actually suspended.
[49-303A, added 1996, ch. 348, sec. 2, p. 1160; am. 1998, ch. 110, sec. 14, p. 395; am. 2000, ch. 214, sec. 5, p. 588.]
The department shall issue a motorcycle "M" endorsement on a driver’s license to applicants who complete the requirements to operate a motorcycle.
(1) No person may operate a motorcycle upon a highway without a motorcycle "M" endorsement on a valid driver’s license.
(2) Any person who applies for a driver’s license or renewal of a license may also apply for a motorcycle "M" endorsement. The requirements for obtaining a motorcycle "M" endorsement are:
(a) The applicant shall be tested by written examination for his knowledge of safe motorcycle operating practices and traffic laws specific to the operation of motorcycles upon payment of the fee specified in section 49-306, Idaho Code.
(b) Upon successful completion of the knowledge test and upon payment of the fee required for an "M" endorsement, the applicant shall obtain a motorcycle "M" endorsement on his driver’s license.
(3) No person under the age of twenty-one (21) years may apply for or obtain a motorcycle "M" endorsement on his driver’s license unless he has successfully completed a motorcycle rider training course approved under the provisions of chapter 49, title 33, Idaho Code, in addition to satisfying the requirements specified in subsection (2) of this section. The provisions of this subsection shall not be effective unless and until the motorcycle rider training course is fully implemented by the division of career technical education.
(4) Any person who applies for a motorcycle endorsement on a driver’s license, in addition to the requirements specified in subsection (2) of this section, may also be required to pass the motorcycle "M" skills test before he can obtain the motorcycle "M" endorsement.
(5) The operation of a motorcycle upon a highway by any person who has failed to obtain a motorcycle "M" endorsement as provided in this section shall constitute an infraction.
(6) The provisions of this section shall not apply to persons operating autocycles.
[49-304, added 1994, ch. 234, sec. 5, p. 735; am. 1998, ch. 110, sec. 15, p. 397; am. 2002, ch. 355, sec. 2, p. 1012; am. 2005, ch. 25, sec. 56, p. 103; am. 2008, ch. 18, sec. 2, p. 26; am. 2009, ch. 30, sec. 7, p. 84; am. 2015, ch. 230, sec. 3, p. 725; am. 2016, ch. 25, sec. 40, p. 57.]
(1) Upon passage of the required knowledge tests appropriate for the vehicle being operated, the department may issue a commercial learner’s permit for the type of vehicle(s) the person will be operating or a class D instruction permit for a class D motor vehicle. Applicants, while in immediate possession of a commercial learner’s permit, may drive a motor vehicle on the highways for a period of up to one (1) year. Applicants with a class D instruction permit may drive a motor vehicle on the highways for a period of up to one (1) year or as provided in paragraph (b) of this subsection for certain class D instruction permits. That person must be accompanied by an adult driver eighteen (18) years of age or older who holds a valid driver’s license appropriate for the vehicle being operated and who is actually occupying a seat beside the driver.
(a) Any person under the age of seventeen (17) years who has successfully completed an approved driver’s training course and has satisfied the requirements of a class D supervised instruction permit, or any person who has reached the age of seventeen (17) years, may apply for a class D instruction permit. Any person applying for any class D instruction permit or driving privileges who is under the age of eighteen (18) years shall be in compliance with school attendance requirements of section 49-303A, Idaho Code.
(b) If a person reaches the age of seventeen (17) years while operating a class D vehicle with a class D supervised instruction permit, and such class D supervised instruction permit becomes a class D instruction permit as provided in section 49-307, Idaho Code, then such class D instruction permit shall expire five (5) days after the permittee’s eighteenth birthday.
(c) Any person who has reached the age of eighteen (18) years, holds a valid Idaho class D driver’s license, and has at least one (1) year of driving experience may apply for a commercial learner’s permit.
(d) The department shall not issue a hazardous material endorsement on any commercial learner’s permit.
(2) The department may, at its discretion, issue a conditional class D driver’s license to an applicant for a class D driver’s license permitting him to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant’s right to receive a driver’s license. The conditional license may be canceled at the department’s discretion at any time after issuance. The conditional license must be in the applicant’s immediate possession while operating a motor vehicle, and it shall be invalid when the applicant’s driver’s license has been issued or for good cause has been refused.
(3) Proof of identity and citizenship status pursuant to section 49-306(5)(d), Idaho Code, shall be required before a class D driver’s license or class D instruction permit will be issued.
(4) The department may issue a motorcycle endorsement instruction permit to an applicant who has a valid driver’s license and who has successfully completed the motorcycle rider’s knowledge test and paid the appropriate fees. The permit entitles the applicant, while having the permit in his immediate possession, to operate a motorcycle on the highways for a period not to exceed one (1) year. If the permittee passes the skills test for a motorcycle endorsement within the validity period of the motorcycle endorsement instruction permit, he shall not be required to pay the motorcycle endorsement fee. A person holding a motorcycle instruction permit shall not carry any passenger while operating a motorcycle, shall not operate a motorcycle except during the hours of daylight only, and shall not operate a motorcycle on any interstate highway system. A violation of the conditions of a motorcycle endorsement instruction permit is an infraction. The department shall cancel the permit whether or not such violation results in conviction of the infraction.
[49-305, added 1988, ch. 265, sec. 39, p. 591; am. 1989, ch. 88, sec. 18, p. 173; am. 1989, ch. 426, sec. 2, p. 1055; am. 1990, ch. 45, sec. 17, p. 93; am. 1991, ch. 89, sec. 4, p. 201; am. 1991, ch. 286, sec. 1, p. 737; am. 1992, ch. 115, sec. 9, p. 360; am. 1992, ch. 117, sec. 1, p. 390; am. 1994, ch. 234, sec. 6, p. 735; am. 1994, ch. 347, sec. 2, p. 1099; am. 1996, ch. 348, sec. 4, p. 1164; am. 1996, ch. 371, sec. 7, p. 1255; am. 1998, ch. 110, sec. 16, p. 397; am. 1999, ch. 81, sec. 8, p. 248; am. 2000, ch. 214, sec. 6, p. 590; am. 2000, ch. 327, sec. 3, p. 1103; am. 2004, ch. 297, sec. 1, p. 827; am. 2008, ch. 194, sec. 4, p. 612; am. 2010, ch. 16, sec. 2, p. 22; am. 2015, ch. 54, sec. 4, p. 131; am. 2022, ch. 71, sec. 1, p. 209; am. 2025, ch. 24, sec. 1, p. 72; am. 2025, ch. 259, sec. 1, p. 1131.]
(1) Every application for any instruction permit, restricted school attendance driving permit, or driver’s license shall be made on a form furnished by the department and shall be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department, agents authorized by the department, and sheriffs and their deputies are authorized to administer the oaths without charge.
(2) Every application for a permit, extension, driver’s license, or knowledge test shall be accompanied by a nonrefundable fee pursuant to this subsection. Fee portions identified as going to the current expense fund shall be retained by the issuing entity. If the issuing entity is the department or an agent authorized by the department, other than the county, such fee portion shall be deposited in the state highway account. All other remaining fee portions shall be remitted to the state treasurer. If the fee is collected by a county, all remaining fee portions shall be paid over to the county treasurer and the county treasurer shall remit such fees to the state treasurer not less than monthly. The state treasurer shall immediately allocate such fees in accordance with the schedule identified following each fee:
(a) Class A, B, C (4-year) license with endorsements —
age 21 years and older
(i) $5.00 to the current expense fund;
(ii) $2.00 to the emergency medical services fund established in section 57-829, Idaho Code;
(iii) $4.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;
(iv) $28.00 to the state highway account; and
(v) $1.00 to the motorcycle safety program fund;
(b) Class A, B, C (8-year) license with endorsements —
age 21 to 63 years
(i) $5.00 to the current expense fund;
(ii) $4.00 to the emergency medical services fund established in section 57-829, Idaho Code;
(iii) $8.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;
(iv) $41.00 to the state highway account; and
(v) $2.00 to the motorcycle safety program fund;
(c) Class A, B, C (3-year) license with endorsements —
age 18 to 21 years
(i) $5.00 to the current expense fund;
(ii) $1.50 to the emergency medical services fund established in section 57-829, Idaho Code;
(iii) $3.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;
(iv) $19.50 to the state highway account; and
(v) $1.00 to the motorcycle safety program fund;
(d) Class A, B, C (1-year) license with endorsements — age
20 years
(i) $5.00 to the current expense fund;
(ii) $0.50 to the emergency medical services fund established in section 57-829, Idaho Code;
(iii) $1.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;
(iv) $8.16 to the state highway account; and
(v) $0.34 to the motorcycle safety program fund;
(e) Class D (3-year) license — age 15 to 18 years or age 18 to 21 years
(i) $10.00 to the current expense fund;
(ii) $1.50 to the emergency medical services fund established in section 57-829, Idaho Code;
(iii) $3.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;
(iv) $4.00 to the driver training fund;
(v) $10.50 to the highway distribution account; and
(vi) $1.00 to the motorcycle safety program fund;
(f) Class D (1-year) license — age 17 or 20 years
(i) $10.00 to the current expense fund;
(ii) $0.50 to the emergency medical services fund established in section 57-829, Idaho Code;
(iii) $1.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;
(iv) $1.33 to the driver training fund;
(v) $6.83 to the highway distribution account; and
(vi) $0.34 to the motorcycle safety program fund;
(g) Class D (4-year) license — age 21 years and
older
(i) $10.00 to the current expense fund;
(ii) $2.00 to the emergency medical services fund established in section 57-829, Idaho Code;
(iii) $4.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;
(iv) $5.30 to the driver training fund;
(v) $12.70 to the highway distribution account; and
(vi) $1.00 to the motorcycle safety program fund;
(h) Class D (8-year) or class A, B, C license with
endorsements — age 21 to 63 years
(i) $15.00 to the current expense fund;
(ii) $4.00 to the emergency medical services fund established in section 57-829, Idaho Code;
(iii) $8.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code;
(iv) $10.60 to the driver training fund;
(v) $20.40 to the highway distribution account; and
(vi) $2.00 to the motorcycle safety program fund;
(i) Commercial learner’s permit
(i) $5.00 to the current expense fund;
(ii) $4.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code; and
(iii) $20.00 to the state highway account;
(j) Class D instruction permit
(i) $10.00 to the current expense fund;
(ii) $2.60 to the driver training fund; and
(iii) $7.40 to the highway distribution account;
(k) Duplicate driver’s license or permit
(i) $10.00 to the current expense fund;
(ii) $2.60 to the driver training fund; and
(iii) $7.40 to the highway distribution account;
(l) Driver’s license extension
(i) $2.60 to the driver training account; and
(ii) $7.40 to the state highway account;
(m) License classification change (upgrade)
(i) $10.00 to the current expense fund; and
(ii) $20.00 to the state highway account;
(n) Endorsement addition
(i) $10.00 to the current expense fund; and
(ii) $10.00 to the state highway account;
(o) Class A, B, C skills tests
(i) $10.00 to the state highway account; and
(ii) Remainder retained by entity administering the test;
(p) Class D skills test
(i) $6.50 to the state highway account; and
(ii) Remainder retained by entity administering the test;
(q) Motorcycle endorsement skills test (amount charged retained by
entity administering the test)
(r) Knowledge test (fee retained by the entity administering
the test)
(s) Seasonal driver’s license
(i) $10.00 to the current expense fund;
(ii) $2.00 to the emergency medical services fund established in section 57-829, Idaho Code;
(iii) $4.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830, Idaho Code; and
(iv) $28.00 to the state highway account;
(t) Onetime motorcycle "M" endorsement
(i) $2.50 to the current expense fund; and
(ii) $12.50 to the state highway account;
(u) Motorcycle endorsement instruction permit
(i) $2.50 to the current expense fund; and
(ii) $12.50 to the state highway account;
(v) Restricted driving permit or restricted school attendance
driving permit (fee to the state highway account)
(3) The fee for any electronic driver’s license renewal allowed pursuant to section 49-319(10), Idaho Code, shall be five dollars ($5.00) less than the applicable application fee prescribed in subsection (2) of this section. This fee reduction shall be accounted for by subtracting five dollars ($5.00) from the portion of fees retained by the department.
(4) A person who applies for a driver’s license or a driver’s license renewal may designate a voluntary contribution of two dollars ($2.00) for the purpose of promoting and supporting organ donation. Such a contribution shall be treated as a voluntary contribution to the organ donation contribution fund created in section 49-2447, Idaho Code, and not as a driver’s license fee. Each voluntary contribution shall be deposited into the organ donation contribution fund created in section 49-2447, Idaho Code.
(5) Every application shall state the applicant’s true and full name, date of birth, sex, declaration of Idaho residency, Idaho residence address and mailing address if different, height, weight, hair color, eye color, and social security number as verified by the social security administration. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant may state, in his or her application pursuant to this section, the applicant’s alternative Idaho mailing address in place of his or her Idaho residence address and mailing address.
(a) The requirement that an applicant provide a social security number as verified by the social security administration shall apply only to applicants who have been assigned a social security number.
(b) An applicant who has not been assigned a social security number shall:
(i) Present written verification from the social security administration that the applicant has not been assigned a social security number; and
(ii) Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and
(iii) Submit such proof as the department may require that the applicant is lawfully present in the United States.
A driver’s license, commercial learner’s permit or any instruction permit issued on and after January 1, 1993, shall not contain an applicant’s social security number. Applications on file shall be exempt from disclosure except as provided in sections 49-202, 49-203, 49-203A and 49-204, Idaho Code.
(c) Every application for a class A, B or C license shall state where the applicant has been licensed for the preceding ten (10) years and under which of the following driving categories the applicant will operate:
(i) Non-excepted interstate. The applicant operates or expects to operate in interstate commerce and is required to provide a medical examiner’s certificate;
(ii) Excepted interstate. The applicant operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted by the federal motor carrier safety administration from all or parts of the qualification requirements of federal motor carrier safety regulation 49, part 391, and is therefore not required to provide a medical examiner’s certificate;
(iii) Non-excepted intrastate. The applicant operates only in intrastate commerce and is subject to and meets all Idaho driver qualification requirements and the applicable parts of federal motor carrier safety regulation 49, part 391, and is required to provide a medical examiner’s certificate; or
(iv) Excepted intrastate. The applicant operates in intrastate commerce, but engages exclusively in exempted transportation or operations as listed in section 67-2901B(2), Idaho Code, and the applicable parts of federal motor carrier safety regulation 49, part 391, and is therefore not required to provide a medical examiner’s certificate.
All applications shall also state whether the applicant has previously been licensed as a driver and, if so, when and by what state or country and whether a driver’s license or privileges have ever been suspended, revoked, denied, disqualified, canceled or refused and, if so, the date of and reason for the suspension, revocation, denial, disqualification, cancellation or refusal and the applicant’s oath that all information is correct as signified by the applicant’s signature.
(d) The applicant must submit proof of identity and citizenship status acceptable to the examiner or the department and date of birth as set forth in a certified copy of his birth certificate or a valid, unexpired passport. If the applicant does not possess a certified copy of his birth certificate or a delayed birth certificate and does not possess a valid, unexpired passport, another government-issued document may be submitted that provides satisfactory evidence of a person’s full legal name and date of birth acceptable to the examiner or the department.
(e) Every applicant for a class A, B or C driver’s license or commercial learner’s permit shall provide proof of United States citizenship or lawful permanent residency in the United States upon application for issuance, transfer, upgrade or renewal, unless the applicant’s driving record already contains documentation confirming United States citizenship or lawful permanent residency.
(f) Individuals required to register in compliance with section 3 of the federal military selective service act, 50 U.S.C. App. 451 et seq., as amended, shall be provided an opportunity to fulfill such registration requirements in conjunction with an application for a driver’s license, commercial learner’s permit or instruction permit. Any registration information so supplied shall be transmitted by the department to the selective service system.
(6) Whenever an application is received from a person previously licensed in another jurisdiction, the department shall request a copy of the driver’s record from the other jurisdiction and shall contact the national driver register. When received, the driver’s record from the previous jurisdiction shall become a part of the driver’s record in this state with the same force and effect as though entered on the driver’s record in this state in the original instance.
(7) Whenever the department receives a request for a driver’s record from another licensing jurisdiction, the record shall be forwarded without charge.
(8) The department shall contact and notify the commercial driver license information system of the proposed application for a class A, B or C driver’s license or commercial learner’s permit to ensure identification of the person and to obtain clearance to issue the license.
(9) The department shall request information from the drug and alcohol clearinghouse to determine whether an applicant for any class A, B, or C driver’s license or commercial learner’s permit is eligible for the credential.
(10) A contractor administering a class A, B, or C skills test may collect an additional fee for the use of the contractor’s vehicle for the skills test.
(11) The department may issue seasonal class B or C driver’s licenses to drivers who are employees of agri-chemical businesses, custom harvesters, farm retail outlets and suppliers, and livestock feeders that:
(a) Will be valid only for driving commercial vehicles that normally require class B or C commercial driver’s licenses;
(b) Will be valid for seasonal periods that begin on the date of issuance and that are not to exceed one hundred eighty (180) days in a twelve (12) month period;
(c) May be obtained only twice in a driver’s lifetime;
(d) Are valid only within a one-hundred-fifty (150) mile radius of the place of business or farm being serviced; and
(e) Will be valid only in conjunction with valid Idaho class D driver’s licenses.
(12) The department may issue seasonal class B or C driver’s licenses to drivers who:
(a) Have not violated the single license provisions of applicable federal regulations;
(b) Have not had any license suspensions, revocations or cancellations;
(c) Have not had any convictions in any vehicle for any offense listed in section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic offense;
(d) Have at least one (1) year of driving experience with a class D or equivalent license in any type of motor vehicle; and
(e) Are at least sixteen (16) years old.
[49-306, added 1988, ch. 265, sec. 40, p. 591; am. 1989, ch. 88, sec. 19, p. 173; am. 1992, ch. 115, sec. 10, p. 361; am. 1992, ch. 118, sec. 1, p. 391; am. 1993, ch. 300, sec. 3, p. 1109; am. 1993, ch. 304, sec. 1, p. 1126; am. 1994, ch. 234, sec. 7, p. 737; am. 1994, ch. 347, sec. 3, p. 1100; am. 1995, ch. 339, sec. 2, p. 1121; am. 1996, ch. 371, sec. 8, p. 1257; am. 1997, ch. 80, sec. 11, p. 188; am. 1997, ch. 357, sec. 1, p. 1053; am. 1998, ch. 110, sec. 17, p. 399; am. 1998, ch. 248, sec. 2, p. 810; am. 1998, ch. 394, sec. 1, p. 1236; am. 1999, ch. 81, sec. 9, p. 249; am. 1999, ch. 317, sec. 1, p. 797; am. 1999, ch. 318, sec. 1, p. 804; am. 1999, ch. 319, sec. 1, p. 811; am. 1999, ch. 360, sec. 2, p. 952; am. 2000, ch. 56, sec. 1, p. 112; am. 2000, ch. 214, sec. 7, p. 592; am. 2001, ch. 74, sec. 1, p. 171; am. 2001, ch. 110, sec. 49, p. 395; am. 2001, ch. 347, sec. 1, p. 1220; am. 2002, ch. 161, sec. 1, p. 474; am. 2002, ch. 235, sec. 3, p. 698; am. 2005, ch. 352, sec. 5, p. 1100; am. 2008, ch. 63, sec. 2, p. 156; am. 2009, ch. 331, sec. 3, p. 951; am. 2010, ch. 16, sec. 3, p. 24; am. 2010, ch. 225, sec. 3, p. 506; am. 2011, ch. 60, sec. 3, p. 128; am. 2013, ch. 354, sec. 2, p. 963; am. 2015, ch. 54, sec. 5, p. 132; am. 2015, ch. 54, sec. 6, p. 137; am. 2017, ch. 216, sec. 1, p. 522; am. 2017, ch. 216, sec. 2, p. 527; am. 2018, ch. 113, sec. 1, p. 230; am. 2018, ch. 113, sec. 2, p. 235; am. 2020, ch. 38, sec. 2, p. 79; am. 2021, ch. 294, sec. 1, p. 886; am. 2022, ch. 217, sec. 1, p. 699; am. 2024, ch. 13, sec. 1, p. 116; am. 2025, ch. 24, sec. 2, p. 73; am. 2025, ch. 94, sec. 29, p. 478; am. 2025, ch. 259, sec. 2, p. 1132; am. 2026, ch. 167, sec. 2, p. 784.]
(1) No enrollee of any class D driver’s training course shall be allowed to attend classes or participate in driving instruction unless he has obtained a class D driver’s training instruction permit or a class D instruction permit as provided in subsection (4) of this section.
(2) Every enrollee of a class D driver’s training course shall pay a nonrefundable fee of fifteen dollars ($15.00), except that a pupil who participates in parent-student on-road driver’s training pursuant to subsection (6) of this section shall pay a nonrefundable fee of ten dollars ($10.00). Five dollars ($5.00) of each fee so imposed shall be deposited in the state highway account and five dollars ($5.00) shall be deposited in the county current expense fund. The additional five dollars ($5.00) for every class D driver’s training course enrollee shall be:
(a) Deposited in the driver training account if the person is taking driver’s training from a public school; or
(b) Paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund if the person is taking driver’s training from a private driver’s training program. The amount to be remitted to the division of occupational and professional licenses shall be annually calculated and paid. To calculate such amount, the total number of public driver’s training students as submitted to the state department of education shall be subtracted from the total number of permits sold as reported by the Idaho transportation department, and the resulting number shall be multiplied by five dollars ($5.00).
(3) Each enrollee of a class D driver’s training course shall provide the type of information required for a driver’s license or instruction permit. If an enrollee of a class D driver’s training course cannot provide a certified copy of his birth certificate at the time of application for a permit, the department may issue a class D driver’s training instruction permit or a class D instruction permit upon receipt of identification acceptable to the department. The certified copy of an applicant’s birth certificate or another government-issued identity document and documentation to establish the applicant’s relationship to a person who is willing to assume responsibility for such applicant shall be required before a class D driver’s license will be issued.
(4) The class D driver’s training instruction permit shall expire five (5) days after the permittee’s eighteenth birthday for permittees fourteen and one-half (14 1/2) years of age through seventeen and one-half (17 1/2) years of age. The class D driver’s training instruction permit shall expire one hundred eighty (180) days from the date of issue for persons seventeen and one-half (17 1/2) years of age or older. Persons aged seventeen (17) years or older may attend classes or participate in driver’s training instruction while operating with a class D instruction permit or a class D driver’s training instruction permit.
(5) The class D driver’s training instruction permit shall be issued to the instructor of the course or to the qualifying parent or legal guardian pursuant to subsection (6) of this section.
(6)(a) An eligible student may satisfy the requirements of section 33-1702, Idaho Code, regarding driver’s training courses through parent-student on-road driver’s training pursuant to this subsection. Notwithstanding any other provision of law to the contrary, students eligible for driver’s training pursuant to section 33-1703, Idaho Code, may receive the in-car observation and behind-the-wheel instruction components of a driver’s training course from a qualifying parent or legal guardian instead of a licensed instructor.
(b) A student participating in parent-student on-road driver’s training pursuant to this subsection shall enroll and successfully complete the thirty (30) hours of classroom instruction for driver’s training required under section 33-1702, Idaho Code, through any online driver’s training course approved by the state department of education. The approved online driver’s training program shall make online driver’s training courses available to all students eligible for driver’s training. The state department of education shall publish a list of all approved online driver’s training programs on the department’s website and such list shall also be made available at each county driver’s license office.
(c) A parent or legal guardian who is qualified to provide parent-student on-road driver’s training pursuant to this subsection may teach the driving portion of a driver’s training course, including the six (6) hours of in-car observation and the six (6) hours of behind-the-wheel instruction required under section 33-1702, Idaho Code. Such training shall be done concurrently with the classroom component of the driver’s training course. The in-car observation and behind-the-wheel instruction components shall satisfy all content standards and benchmarks of the Idaho driver education curriculum approved by the state department of education. More than one (1) qualifying parent or legal guardian may provide the parent-student on-road driver’s training to a student.
(d) A parent or legal guardian qualifies to provide parent-student on-road driver’s training pursuant to this subsection if:
(i) The parent or legal guardian possesses a valid Idaho driver’s license that permits unaccompanied driving; and
(ii) The parent or legal guardian has not had a license suspended, revoked, or canceled and has not been disqualified from holding an Idaho driver’s license for the previous two (2) years. A parent or legal guardian shall no longer be qualified if a license becomes suspended, revoked, or canceled or if a parent or legal guardian becomes disqualified from holding an Idaho driver’s license during the student’s education.
(e) A qualifying parent or legal guardian who provides parent-student on-road driver’s training pursuant to this subsection shall fill out a driving log containing the date, time, location, and skills practiced for each driving session. Upon completion, the parent or legal guardian shall submit the driving log to the county driver’s license office and comply with the requirements of subsection (7) of this section.
(f) A student must meet the requirements of subsection (8) of this section relating to the class D supervised instruction permit before applying for a class D driver’s license.
(7)(a) Upon successful completion of the class D driver’s training course, the driver’s training instructor shall submit the student log to the county driver’s license office and give the class D driver’s training instruction permit to the parent or legal guardian of the permittee unless the permit has been issued pursuant to subsection (6) of this section. The parent or legal guardian shall assume responsibility for ensuring that the permittee complies with the requirements of operating a vehicle with a class D supervised instruction permit. The class D driver’s training instruction permit shall then serve as a class D supervised instruction permit.
(b) In the event the permittee reaches seventeen (17) years of age while operating a class D vehicle with a class D supervised instruction permit, the supervised instruction permit shall become a class D instruction permit.
(8) No permittee may apply for a class D driver’s license sooner than fifteen (15) years of age and no sooner than six (6) months after completing a class D driver’s training course, during which time the permittee shall satisfy all requirements for operation of a class D vehicle with a class D supervised instruction permit as follows:
(a) The permittee shall not operate a vehicle unless he is accompanied by a driver who holds a valid driver’s license, is twenty-one (21) years of age or older, and is actually occupying a seat beside the permittee driver. The supervising driver and the permittee shall be the only occupants of the front passenger section of the vehicle.
(b) Over a period of time not less than six (6) months, the permittee shall accumulate at least fifty (50) hours of supervised driving time, ten (10) hours of which shall be during hours of darkness.
(c) The permit shall be in the permittee’s immediate possession at all times while operating a vehicle.
(d) In addition to the permittee driver and the supervising driver, all other occupants of the vehicle shall wear a seat belt or be restrained by child passenger restraints as required by law.
(e) The permittee is subject to the provisions of sections 18-1502 and 18-8004, Idaho Code, relating to violation of age restrictions on consumption of beer, wine, and alcohol and driving under the influence of alcohol, drugs or any other intoxicating substances, respectively.
(f) The permittee shall not have been convicted of any moving traffic violation, have had driving privileges suspended by the department or the court for any offense, or have been found to be in violation of any of the restrictions on the class D supervised instruction permit for a period of at least six (6) months from the date the driver’s training instructor gave the permit to the parent or legal guardian, or from the date a canceled class D supervised instruction permit was reissued, or until the permittee reaches seventeen (17) years of age.
(g) If the permittee is under seventeen (17) years of age and is convicted of a violation of any traffic law, or section 18-1502, 18-8004 or 23-949, Idaho Code, or is found to be in violation of any of the restrictions on the class D supervised instruction permit, the department shall cancel the class D supervised instruction permit, and the cancellation shall not be used to establish rates of motor vehicle insurance charged by a casualty insurer. If the permittee is under seventeen (17) years of age, the permittee may reapply for and be issued a new class D supervised instruction permit upon payment of the appropriate fee and shall again be required to operate with the class D supervised instruction permit for at least six (6) months from the date of reissue without a conviction or suspension, accumulate the required hours of driving time, and adhere to the requirements as specified in paragraphs (a) through (f) of this subsection.
(9) Upon completion of the requirements in subsection (8) of this section, the permittee shall take the knowledge test and skills test administered by a person certified by the Idaho transportation department to administer knowledge and skills tests.
(10)(a) Upon passage of the knowledge and skills tests, the permittee may apply for a class D driver’s license with driving privileges restricted to daylight hours only for persons under sixteen (16) years of age and with full privileges at sixteen (16) years of age or older.
(b) For purposes of this subsection, "daylight hours only" means the period of time between 5:00 a.m. and 10:00 p.m. local time.
(c) The restriction on daylight hours only driving privileges for persons under sixteen (16) years of age shall not apply if:
(i) The person under sixteen (16) years of age has a valid class D driver’s license;
(ii) The person under sixteen (16) years of age is accompanied by a driver who holds a valid driver’s license and is twenty-one (21) years of age or older and is actually occupying a seat beside the licensee who is under sixteen (16) years of age; and
(iii) The two (2) licensed drivers are the only occupants of the front passenger section of the vehicle.
(11) Upon passage of the knowledge and skills tests, the permittee may apply for a class D driver’s license. Any such licensee who is under seventeen (17) years of age shall be required, during the first six (6) months from the date of issue of the class D driver’s license, to limit the number of passengers in the vehicle who are under seventeen (17) years of age to not more than one (1) such passenger. Provided however, the limit of one (1) passenger under seventeen (17) years of age shall not apply to passengers who are related to the driver by blood, adoption or marriage.
[49-307, added 1988, ch. 265, sec. 41, p. 593; am. 1989, ch. 88, sec. 20, p. 176; am. 1990, ch. 45, sec. 18, p. 71; am. 1994, ch. 347, sec. 4, p. 1098; am. 1998, ch. 110, sec. 18, p. 375; am. 2000, ch. 214, sec. 8, p. 583; am. 2003, ch. 47, sec. 3, p. 176; am. 2007, ch. 249, sec. 2, p. 730; am. 2008, ch. 194, sec. 5, p. 613; am. 2010, ch. 16, sec. 4, p. 28; am. 2014, ch. 92, sec. 1, p. 249; am. 2015, ch. 252, sec. 1, p. 1054; am. 2022, ch. 94, sec. 5, p. 282; am. 2023, ch. 17, sec. 3, p. 126; am. 2024, ch. 33, sec. 1, p. 229; am. 2025, ch. 74, sec. 1, p. 338; am. 2025, ch. 259, sec. 3, p. 1137; am. 2026, ch. 30, sec. 1, p. 128.]
Notwithstanding any other provision of this chapter applying to licenses or permits, and notwithstanding the minimum age requirement for a driver training course specified in section 33-1703, Idaho Code, other than those provisions specifically applying to restricted school attendance driving permits:
(1) The department may issue a restricted school attendance driving permit to a minor fourteen (14) years of age, but less than sixteen (16) years of age, provided the following:
(a) The minor resides in an Idaho school district with a population of less than one hundred fifty (150) people;
(b) The minor attends an educational program as identified in section 49-303A, Idaho Code, and complies with the provisions of section 49-303A, Idaho Code, including submission of verification of attendance compliance by the school district to the department; and
(c) There is no school bus service provided to transport the minor to and from school, as verified by the school district to the department.
(2) The permit, if issued, shall only entitle the minor to drive to and from school, and school sponsored activities occurring at the school where enrolled, between the hours of 6:00 a.m. and 9:00 p.m.
(3) The minor must have completed a driver training course and comply with section 49-310, Idaho Code, as a condition of issuance of a permit pursuant to the provisions of this section.
(4) The restricted school attendance driving permit shall be canceled for conviction of any traffic offense and shall not be reissued.
(5) In the event the student terminates their school enrollment in the district in which they have qualified for a restricted school attendance driving permit, the permit shall be canceled.
[49-307A, added 2002, ch. 235, sec. 4, p. 703.]
The driver training account is established in the office of the state treasury, which account is continuously appropriated for the purpose of driver training. All disbursements for driver training purposes made under certificate of the state board of education shall be made from the driver training account.
[49-308, added 1988, ch. 265, sec. 42, p. 593.]
(1) The application of any person under the age of eighteen (18) years for any class D instruction permit, restricted driver’s license, restricted school attendance driving permit, driver training instruction permit or driver’s license shall be signed and verified before a person authorized to administer oaths by either the father or mother of the applicant, if both are living and have custody of him; or if either be dead, then by the surviving parent who has custody of him; or by the Idaho resident host of a foreign exchange student, or in the event neither parent is living, or if living and does not have the custody of the applicant, then by the person or guardian having such custody, with verifiable custody or guardianship documents, or by an employer of the applicant. In the event there is no guardian or employer, then some other responsible person willing to assume the obligation for the applicant may sign the application. Any person who signs the applicant’s application shall attest that the applicant is in compliance with the school attendance provisions of section 49-303A, Idaho Code. When the minor person applies for a class D driver’s license, a parent or guardian or a person authorized by the parent or guardian shall attest that the minor person has satisfied the requirements and conditions applicable to the class D supervised instruction permit pursuant to section 49-307, Idaho Code. The person willing to assume responsibility for the applicant must be at least eighteen (18) years of age. When signing for a restricted school attendance driving permit, the person signing the applicant’s application shall attest that the conditions set forth within section 49-307A, Idaho Code, are met. Each application for a restricted school attendance driving permit shall also be signed by the local county sheriff, the president of the board of trustees of the local school district, and the school principal of the applicant’s school, verifying that the conditions set forth within section 49-307A, Idaho Code, are met.
(2) Any negligence or willful misconduct of a person under the age of eighteen (18) years when operating a motor vehicle upon a highway shall be imputed to the person who signed the application of that person for a permit or driver’s license, and that person shall be jointly and severally liable with the permit or driver’s license holder for any damage caused by negligence or willful misconduct, except as otherwise provided by law.
(3) In the event a permit or driver’s license holder under the age of eighteen (18) years maintains, or there is maintained upon his behalf, proof of financial responsibility as required under the motor vehicle financial responsibility laws of this state, or by the director if the form and amount is not fixed by law, then the department may accept the application when signed by one (1) parent or guardian of the applicant, and while that proof is maintained, the parent or guardian shall not be subject to liability for the negligence or willful misconduct of the person under the age of eighteen (18) years, as imposed under subsection (2) of this section.
(4) Any person who has signed the application of a minor for a permit or driver’s license shall be liable civilly for the payment of any court penalty imposed because the minor has been found to have committed an infraction violation. The provisions of this section shall not apply or create any civil liability for the person signing the application in connection with any pedestrian, bicycle, or electric-assisted bicycle infraction, and provided this subsection shall not apply to any civil action where the plaintiff is other than the state of Idaho.
[49-310, added 1988, ch. 265, sec. 44, p. 594; am. 1989, ch. 88, sec. 22, p. 176; am. 1992, ch. 115, sec. 11, p. 363; am. 1996, ch. 348, sec. 5, p. 1166; am. 1999, ch. 81, sec. 10, p. 252; am. 2000, ch. 214, sec. 9, p. 597; am. 2002, ch. 235, sec. 5, p. 703; am. 2002, ch. 357, sec. 1, p. 1014; am. 2014, ch. 92, sec. 2, p. 251; am. 2019, ch. 84, sec. 5, p. 208.]
Any person who has signed the application for a driver’s license of a person under the age of eighteen (18) years may file with the department a verified written request that the driver’s license so granted be cancelled and the department shall cancel the driver’s license. The person who signed the application shall be relieved from the liability imposed by reason of having signed the application, of any subsequent negligence or willful misconduct of the person signed for in operating a motor vehicle.
[49-311, added 1988, ch. 265, sec. 45, p. 595; am. 1989, ch. 88, sec. 23, p. 177.]
The department, upon receipt of satisfactory evidence of the death of the person(s) who signed the application of a person under the age of eighteen (18) years for a driver’s license, shall cancel the driver’s license and shall not issue a new driver’s license until a new application, duly signed and verified, is made. This provision shall not apply in the event the licensee has attained the age of eighteen (18) years.
[49-312, added 1988, ch. 265, sec. 46, p. 595; am. 1989, ch. 88, sec. 24, p. 177.]
(1) The sheriff, his deputy or authorized agents of the department shall examine every applicant for an instruction permit, commercial learner’s permit, restricted school attendance driving permit, seasonal driver’s license, driver’s license or a motorcycle endorsement, except as otherwise provided by law. The examination shall include a vision screening and a test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic. A skills test shall be required for an applicant who has not been previously licensed for the class of license requested, or who holds a license issued by another country unless a reciprocal agreement is in force. However, a skills test may be required for any and all other applicants at the discretion of the examiner or department for a class A, B, C or D driver’s license or a motorcycle endorsement. In addition, the applicant’s knowledge of traffic laws of this state and when a motorcycle endorsement is applied for, the applicant’s knowledge of safe motorcycle operating practices and traffic laws specifically relating to motorcycle operation shall be tested by a written examination, except as provided in section 49-319, Idaho Code. At the discretion of the examiner, the prescribed written examination may be conducted orally.
(2) The knowledge and skills examinations for applicants for driver’s licenses in class A, B or C shall be conducted in compliance with 49 CFR part 383.
(3) The skills test for a class A, B, C or D driver’s license or for any endorsement shall be given by the department or its authorized agents. The skills examiner for a motorcycle endorsement shall be certified by the division of career technical education.
(4) The department shall not issue the following endorsements except as provided:
(a) A tank, double/triple trailer, or hazardous material endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge test.
(b) A passenger endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge and skills test.
(c) A school bus endorsement unless the applicant, in addition to all other applicable qualifications, has passed appropriate knowledge and skills tests. Until September 30, 2005, the department may waive the school bus endorsement skills test requirement if the applicant meets the conditions set forth in accordance with 49 CFR part 383.123.
(5) Any person failing to pass a knowledge or skills test for a class A, B, C or D driver’s license, or a knowledge test for a seasonal driver’s license, or any endorsement may not retake the test within three (3) calendar days of the failure.
(6) Any person retaking a knowledge or skills test for a driver’s license shall pay the appropriate testing fee as specified in section 49-306, Idaho Code.
(7) The motorcycle skills test for a motorcycle endorsement shall be waived by the department:
(a) On and after September 1, 1998, if the applicant presents satisfactory evidence of successful completion of a recognized motorcycle rider training course approved by the division of career technical education;
(b) On and after September 1, 1998, if the applicant presents evidence of a motorcycle endorsement on his current license by a state or province which requires a motorcycle skills test equivalent to that required by Idaho law as determined by the division of career technical education;
(c) Until September 1, 1998.
(8) At the discretion of the department, an alternate skills test for the motorcycle endorsement may be administered when the endorsement is for operation of a three-wheeled motorcycle only.
(9) The department or its authorized agents may refuse to give an applicant a skills test if there are reasonable grounds to believe that the safety of the applicant, public, or the examiner would be jeopardized by doing so. Reasonable grounds would include, but not be limited to, the applicant’s inability to pass the vision screening, written tests, or a statement by a licensed physician stating the applicant is not physically able to drive a motor vehicle.
(10) The department or its authorized agents may deny issuance or renewal of a driver’s license or endorsement to any applicant who does not meet the licensing requirements for the class of driver’s license or endorsement being renewed or issued.
(11) Skills examinations for seasonal driver’s licenses shall be waived.
[49-313, added 1988, ch. 265, sec. 47, p. 595; am. 1989, ch. 88, sec. 25, p. 177; am. 1990, ch. 45, sec. 19, p. 95; am. 1991, ch. 89, sec. 5, p. 202; am. 1993, ch. 300, sec. 4, p. 1112; am. 1994, ch. 234, sec. 8, p. 740; am. 1995, ch. 339, sec. 3, p. 1124; am. 1996, ch. 371, sec. 9, p. 1260; am. 1997, ch. 357, sec. 2, p. 1056; am. 1998, ch. 110, sec. 19, p. 402; am. 2000, ch. 214, sec. 10, p. 598; am. 2002, ch. 235, sec. 6, p. 704; am. 2005, ch. 352, sec. 6, p. 1104; am. 2009, ch. 30, sec. 8, p. 85; am. 2012, ch. 32, sec. 1, p. 96; am. 2014, ch. 92, sec. 3, p. 252; am. 2015, ch. 54, sec. 7, p. 141; am. 2016, ch. 25, sec. 41, p. 57.]
(1) The department shall appoint the sheriff in each county and may appoint any deputy sheriff, chief of police, or other officials or private citizens whom the department deems qualified as examiners, who shall be agents of the department and shall perform duties prescribed in this title.
(2) The department shall appoint at least one (1) employee in the department who shall be skilled and highly qualified in the method of giving driver’s license examinations, who shall have authority, and it shall be this person’s duty to instruct the examiners appointed by the department in the method of giving driver’s license examinations and acquaint them with the use of equipment and forms needed in examining applicants for licensure.
(3) Agents of the department appointed to administer skills tests for class A, B or C driver’s licenses must be certified according to 49 CFR part 383.
(4) Agents of the department appointed to administer the skills test for a motorcycle endorsement shall be certified by the division of career technical education.
(5) Agents of the department to administer skills tests for class D driver’s licenses shall be certified by the department.
[49-314, added 1988, ch. 265, sec. 48, p. 596; am. 1989, ch. 88, sec. 26, p. 178; am. 1990, ch. 45, sec. 20, p. 96; am. 1994, ch. 234, sec. 9, p. 742; am. 1997, ch. 357, sec. 3, p. 1058; am. 2009, ch. 30, sec. 9, p. 86; am. 2016, ch. 25, sec. 42, p. 59.]
(1) The department shall issue to every qualifying applicant a distinguishing driver’s license as applied for, which shall bear a distinguishing number assigned to the licensee, the full name, date of birth, Idaho residence address, sex, weight, height, eye color, hair color, color photograph, name of this state, date of issuance, date of expiration, license class, endorsements, restrictions, and the applicant’s signature. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant’s driver’s license shall contain his or her alternative Idaho mailing address in place of his or her Idaho residence address. Driver’s licenses for persons under eighteen (18) years of age shall include a notation "under 18 until (month, day, year)," and driver’s licenses for persons eighteen (18) years of age to twenty-one (21) years of age shall include a notation "under 21 until (month, day, year)." No driver’s license shall be valid until it has been signed on the signature line of the license by the licensee. Driver’s licenses for persons who are United States citizens shall, where possible, include the notation "USA."
(2) Every driver’s license shall bear a color photograph of the licensee, which shall be taken by the examiner at the time the application is made. The photograph shall be taken without headgear or other clothing or device that disguises or otherwise conceals the face or head of the applicant. A waiver may be granted by the department allowing the applicant to wear headgear or other head covering for medical, religious or safety purposes as long as the face is not disguised or otherwise concealed. At the request of the applicant, a driver’s license may contain a statement or indication of the medical condition of the licensee.
(3) The department shall notify the commercial driver license information system that a class A, B or C driver’s license has been issued as required by 49 CFR parts 383 and 384.
(4) A licensee applying for a hazardous material endorsement on a driver’s license shall have a security background records check and shall receive clearance from the federal transportation security administration before the endorsement can be issued, renewed or transferred as required by 49 CFR part 383, subject to procedures established by the federal transportation security administration.
(5) A licensee who desires to donate any or all organs or tissue in the event of death, and who has completed a document of gift pursuant to the provisions for donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code, may, at the option of the donor, indicate this desire on the driver’s license by the imprinting of the word "donor" on the license. The provisions of this subsection shall apply to licensees fifteen (15) years of age or older but less than eighteen (18) years of age if the requirements provided in chapter 34, title 39, Idaho Code, have been complied with and the donor indicates this desire be placed on the license.
(6) A licensee who is a person with a permanent disability may request that the notation "permanently disabled" be imprinted on the driver’s license, provided the licensee presents written certification from a licensed physician verifying that the licensee’s stated impairment qualifies as a permanent disability according to the provisions of section 49-117, Idaho Code.
(7) A licensee who is a veteran may request that his or her status as such be designated on the driver’s license at no additional cost. Any such request shall be accompanied by proof of being a current or former member of the United States armed forces. Upon request and submission of satisfactory proof, the department shall indicate such person’s status as a veteran on any class of driver’s license issued pursuant to this section. Such designation shall be made upon original issuance or renewal of a driver’s license. Designation shall also be made on any duplicate driver’s license issued, provided that the fee for such duplicate driver’s license is paid in accordance with section 49-306, Idaho Code.
Satisfactory proof of being a current or former member of the United States armed forces must be furnished by an applicant to the department before a designation of veteran status will be indicated on any class of driver’s license. Acceptable proof shall be a copy of form DD214 or an equivalent document or statement from the department of veterans affairs that identifies a character of service upon separation as "honorable" or "general under honorable conditions."
[49-315, added 1988, ch. 265, sec. 49, p. 596; am. 1989, ch. 88, sec. 27, p. 179; am. 1991, ch. 203, sec. 1, p. 482; am. 1992, ch. 115, sec. 12, p. 364; am. 1994, ch. 85, sec. 1, p. 200; am. 1998, ch. 110, sec. 20, p. 404; am. 1999, ch. 318, sec. 2, p. 807; am. 2001, ch. 74, sec. 2, p. 176; am. 2001, ch. 332, sec. 2, p. 1168; am. 2002, ch. 171, sec. 17, p. 503; am. 2004, ch. 297, sec. 2, p. 828; am. 2006, ch. 164, sec. 5, p. 493; am. 2006, ch. 265, sec. 4, p. 823; am. 2010, ch. 225, sec. 4, p. 510; am. 2013, ch. 92, sec. 1, p. 225; am. 2019, ch. 48, sec. 1, p. 129; am. 2022, ch. 217, sec. 2, p. 704; am. 2023, ch. 293, sec. 7, p. 890.]
Every licensee shall have his driver’s license in his immediate possession at all times when operating a motor vehicle and shall, upon demand, surrender the driver’s license into the hands of a peace officer for his inspection. However, no person charged with a violation of the provisions of this section shall be convicted if a driver’s license issued to the person and valid at the time of his arrest is produced in court.
[49-316, added 1988, ch. 265, sec. 50, p. 597; am. 1989, ch. 88, sec. 28, p. 179.]
(1) The department, upon issuing a driver’s license, shall have authority whenever good cause appears to impose restrictions suitable to the licensee’s driving ability with respect to:
(a) The type of or special mechanical control devices required or not permitted on a motor vehicle which the licensee may operate;
(b) Medical variances as determined by the federal motor carrier safety administration; or
(c) Other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(2) The department may either issue a special restricted driver’s license or may set forth restrictions upon the usual driver’s license form.
(3) The department shall, upon receiving satisfactory evidence of any violation of the restrictions of a driver’s license, suspend the driver’s license or privileges for a period of thirty (30) days but the licensee shall be entitled to a hearing as provided in section 49-326, Idaho Code.
[49-317, added 1988, ch. 265, sec. 51, p. 597, am. 1989, ch. 88, sec. 29, p. 179; am. 1992, ch. 115, sec. 13, p. 365; am. 2011, ch. 60, sec. 4, p. 133.]
(1) The holder of any instruction permit, class A, B, C or D, restricted school attendance driving permit, or seasonal driver’s license which is lost or destroyed, or a licensee whose name is legally changed, may apply for a duplicate driver’s license or substitute permit. A duplicate driver’s license or substitute permit will be issued upon:
(a) Payment of the fee as provided in section 49-306, Idaho Code;
(b) Furnishing satisfactory proof that the permit, class A, B, C or D, restricted school attendance driving permit, or seasonal driver’s license has been lost or destroyed, or that the licensee’s name has been legally changed; and
(c) Furnishing proof of the applicant’s identity acceptable to the examiner or the department and date of birth as set forth in a certified copy of his birth certificate or another document that provides evidence of a person’s date of birth acceptable to the examiner or department. In the case of a name change, the applicant shall provide legal documentation acceptable to the department to verify the change.
(2) A duplicate driver’s license or substitute permit shall not be issued, as provided in subsection (1) of this section, if the license or permit is suspended, revoked, canceled or disqualified in this state or any other jurisdiction or if the applicant has applied for, or has been issued, a license or permit in another jurisdiction.
(3) The holder of any instruction permit, class A, B, C or D, restricted school attendance driving permit, or seasonal driver’s license who requests a duplicate driver’s license or substitute permit as provided in subsection (1) of this section, may request that the notation "permanently disabled" be imprinted on the permit or license and the department shall imprint "permanently disabled" on the permit or license if:
(a) The person has a permanent disability; and
(b) The person presents written certification from a licensed physician verifying that the person’s stated impairment qualifies as a permanent disability as provided in section 49-117, Idaho Code; and
(c) The department determines that the person meets the requirements for issuance of a permit or license as specified in section 49-313, Idaho Code.
[49-318, added 1988, ch. 265, sec. 52, p. 597; am. 1989, ch. 88, sec. 30, p. 180; am. 1990, ch. 45, sec. 21, p. 96; am. 1992, ch. 115, sec. 14, p. 365; am. 1993, ch. 300, sec. 5, p. 1113; am. 1995, ch. 339, sec. 4, p. 1126; am. 1996, ch. 371, sec. 10, p. 1262; am. 1998, ch. 110, sec. 21, p. 405; am. 1999, ch. 81, sec. 11, p. 253; am. 2001, ch. 332, sec. 3, p. 1169; am. 2002, ch. 235, sec. 7, p. 706; am. 2025, ch. 259, sec. 4, p. 1140.]
(1) Every noncommercial Idaho driver’s license issued to a driver shall expire and be renewable as follows:
(a) For drivers twenty-one (21) years of age or older, the driver’s license shall expire on the licensee’s birthday in the fourth year following the issuance of the driver’s license.
(b) At the option of the applicant, for drivers twenty-one (21) years of age through sixty-two (62) years of age, the driver’s license shall expire on the licensee’s birthday in either the fourth year or the eighth year following the issuance of the driver’s license.
(c) Except for the provisions found in subsections (1)(e) and (3) of this section, every driver’s license issued to a driver under eighteen (18) years of age shall expire five (5) days after the licensee’s eighteenth birthday.
(d) Except for the provisions found in subsections (1)(e) and (3) of this section, every driver’s license issued to a driver eighteen (18) years of age but under twenty-one (21) years of age shall expire five (5) days after the licensee’s twenty-first birthday.
(e) Every driver’s license that is not, as provided by law, suspended, revoked or disqualified in this state or any other jurisdiction shall be renewable on or before its expiration, but not more than twenty-five (25) months before, upon application, payment of the required fee, and satisfactory completion of the required vision screening. Notwithstanding the provisions of this section, a person who has had his noncommercial Idaho driver’s license suspended may renew his driver’s license as provided in this section, which renewal shall be subject to the suspension.
(2) Except for the provisions of subsection (3) of this section, at the option of the applicant, every commercial driver’s license issued to a person twenty-one (21) years of age through sixty-two (62) years of age shall expire on the licensee’s birthday in the fourth or eighth year following issuance of the license. Any class A, B or C license issued to a person eighteen (18), nineteen (19) or twenty (20) years of age shall expire five (5) days after the licensee’s twenty-first birthday.
(3) Every driver’s license issued to a person who is not a citizen or permanent legal resident of the United States shall have an expiration date that is the same date as the end of lawful stay in the United States, as indicated on documents issued and verified by the department of homeland security; however, the expiration date shall not extend beyond the expiration date for the same category of license issued to citizens. Persons whose department of homeland security documents do not state an expiration date shall be issued a driver’s license with an expiration date of one (1) year from the date of issuance. Fees shall be in accordance with the expiration periods and classes listed in section 49-306(1), Idaho Code.
(4) An applicant who is issued a driver’s license in another jurisdiction after an Idaho driver’s license has been issued is not eligible for renewal or a duplicate of the Idaho driver’s license. The applicant may apply for a new Idaho driver’s license as provided in section 49-306, Idaho Code.
(5) No knowledge test shall be required for renewal of a driver’s license. No knowledge test shall be required if an applicant for a new class D Idaho driver’s license has previously held an Idaho driver’s license. Appropriate knowledge and skills tests shall be required for an upgrade in a driver’s license class, renewal of a hazardous material endorsement, or an endorsement addition. In the case of a name change, the applicant shall provide legal documentation to verify the change in accordance with department rules.
(6) Applicants for a hazardous material endorsement shall provide either proof of United States citizenship or proof of lawful, permanent United States residence and a valid federal bureau of citizenship and immigration services alien registration number. A security background records check and federal transportation security administration clearance shall be required for issuance, renewal or transfer of a hazardous material endorsement in accordance with 49 CFR 383, subject to procedures established by the federal transportation security administration.
(7) When a driver’s license has been expired for fewer than twenty-five (25) months, the renewal of the driver’s license shall start from the original date of expiration, regardless of the year in which the application for renewal is made. If the driver’s license is expired for twenty-five (25) months or more, the applicant shall be required to take the appropriate knowledge test(s) and skills test(s) for the class of license or endorsement being applied for and undergo vision screening. The license shall expire on the licensee’s birthday in the fourth year following issuance of the driver’s license for drivers twenty-one (21) years of age or older, except as otherwise provided in subsections (1)(e) and (3) of this section. At the option of the applicant, for drivers twenty-one (21) years of age through sixty-two (62) years of age, the renewed license shall expire on the licensee’s birthday in either the fourth year or the eighth year following issuance, except as otherwise provided in subsections (1)(e) and (3) of this section.
(8)(a) If a driver’s license has expired or will expire and the licensee is temporarily out of state, except on active military duty, and the driver’s license has not, as provided by law, been suspended, revoked, canceled, denied, refused or disqualified, the licensee may request in writing on a form prescribed by the department an extension of the driver’s license. The request shall be accompanied by the fee fixed in section 49-306, Idaho Code, and the extension shall be no more than a twelve (12) month period. If the department determines that an extension of the driver’s license is necessary, it may issue a license showing the date to which the expired driver’s license is extended. License extensions are limited to two (2) consecutive extensions per licensee.
(b) Upon returning to the state of Idaho, the licensee shall, within ten (10) days, apply for a renewal of the expired driver’s license and surrender the extended license and the expired driver’s license.
(c) A hazardous material endorsement cannot be extended.
(9) An Idaho driver’s license issued to any person prior to serving on active duty in the armed forces of the United States, or a member of the immediate family accompanying such a person, if valid and in full force and effect upon entering active duty, shall remain in full force and effect and shall, upon application, be extended for a period of four (4) years as long as active duty continues or shall be renewed upon application in person without the requirement to take a knowledge or skills test if the Idaho driver’s license expired while on active duty, if the driver’s license is not suspended, denied, disqualified, canceled or revoked, as provided by law, during the active duty, and the driver’s license shall remain in full force and effect sixty (60) days following the date the holder is released from active duty.
(10) The department may use a mail or electronic renewal process for class D and commercial driver’s licenses based on criteria established by rule.
(11) A seasonal driver’s license is valid only for a one-hundred-eighty (180) day period from the date of issuance. Only one (1) seasonal driver’s license may be obtained in any twelve (12) month period and may be obtained only twice in a driver’s lifetime.
(12) A person who applies for renewal of a license may request that the notation "permanently disabled" be imprinted on the license, and the department shall imprint "permanently disabled" on the license if:
(a) The person has a permanent disability;
(b) The person presents written certification from a licensed physician, licensed physician assistant, or licensed advanced practice professional nurse verifying that the person’s stated impairment qualifies as a permanent disability as provided in section 49-117, Idaho Code; and
(c) The department determines that the person meets the requirements for issuance of a license as specified in section 49-313, Idaho Code.
[49-319, added 1988, ch. 265, sec. 53, p. 598; am. 1989, ch. 88, sec. 31, p. 180; am. 1990, ch. 45, sec. 22, p. 97; am. 1992, ch. 115, sec. 15, p. 365; am. 1993, ch. 300, sec. 6, p. 1113; am. 1996, ch. 371, sec. 11, p. 1262; am. 1998, ch. 110, sec. 22, p. 405; am. 1999, ch. 81, sec. 12, p. 253; am. 1999, ch. 317, sec. 2, p. 800; am. 1999, ch. 318, sec. 3, p. 808; am. 2000, ch. 56, sec. 2, p. 116; am. 2001, ch. 332, sec. 4, p. 1169; am. 2004, ch. 126, sec. 4, p. 431; am. 2004, ch. 297, sec. 3, p. 829; am. 2004, ch. 339, sec. 1, p. 1012; am. 2008, ch. 63, sec. 3, p. 161; am. 2012, ch. 32, sec. 2, p. 98; am. 2022, ch. 118, sec. 2, p. 427; am. 2023, ch. 9, sec. 1, p. 31; am. 2024, ch. 13, sec. 2, p. 123; am. 2025, ch. 24, sec. 3, p. 78.]
It is the responsibility of every licensed driver and every person applying for a driver’s license to keep a current address on file with the department.
(1) Whenever any person after applying for or receiving a driver’s license shall move from the address shown in the application or in the driver’s license issued, that person shall, within thirty (30) days, notify the department in writing of the old and new addresses.
(2) Whenever any statute or rule requires a driver to receive notice of any official action with regard to the person’s driver’s license or driving privileges taken or proposed by a court or the department, notification by first class mail at the address shown on the application for a driver’s license or at the address shown on the driver’s license or at the address given by the driver, shall constitute all the legal notice that is required.
(3) It is an infraction for any person to fail to notify the department of a change of address as required by the provisions of subsection (1) of this section.
[49-320, added 1988, ch. 265, sec. 54, p. 599; am. 1989, ch. 88, sec. 32, p. 181; am. 1996, ch. 371, sec. 12, p. 1263; am. 1998, ch. 110, sec. 23, p. 406; am. 2000, ch. 304, sec. 1, p. 1036; am. 2003, ch. 157, sec. 2, p. 445.]
(1) The department shall file every application for a driver’s license received by it and shall maintain suitable indices containing:
(a) All applications denied and on each note the reason for denial;
(b) All applications granted;
(c) The name of every licensee whose driver’s license has been suspended, revoked, canceled, denied or disqualified by the department and after each name note the reasons for the action;
(d) The driver’s license number for the applicant;
(e) The social security number of the applicant; and
(f) Record of the proof relied upon by the department in determining the applicant’s status as a United States citizen or non-United States citizen.
(2) The department shall file the original or copy of the medical examiner’s certificates, medical exemption letters and skill performance evaluation certificates of all commercial driver’s license or instruction permit holders required to provide documentation of their physical qualification. The department shall maintain the document(s) for a period of three (3) years beyond the date the certificate or document was issued.
(3) The department shall also file all accident reports and abstracts of court records of convictions received by it under the law from any jurisdiction and is authorized to forward records of convictions, suspensions or disqualifications to any jurisdiction. Records may be in either paper or electronic form. The department shall maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions and the traffic accidents in which the licensee has been involved shall be readily ascertainable and available for consideration of the department upon any application for renewal of a driver’s license and at other suitable times.
(4) The department of health and welfare, on or about the 25th day of each month, shall, upon the request of the department, furnish the department a listing showing the name, age, county of residence, and residence address of each Idaho resident who has died during the preceding month. The listing shall be used only for purposes of updating the driver’s license files of the department and shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
(5) The department, upon request by the office of the secretary of state, shall provide the office of the secretary of state with a digital copy of the driver’s license or identification card signature of a person who is an applicant for voter registration pursuant to section 34-409, Idaho Code.
[49-321, added 1988, ch. 265, sec. 55, p. 599; am. 1989, ch. 88, sec. 33, p. 181; am. 1990, ch. 45, sec. 23, p. 98; am. 1990, ch. 213, sec. 69, p. 537; am. 1998, ch. 110, sec. 24, p. 407; am. 2000, ch. 52, sec. 2, p. 102; am. 2006, ch. 164, sec. 6, p. 494; am. 2011, ch. 60, sec. 5, p. 133; am. 2015, ch. 141, sec. 127, p. 474; am. 2016, ch. 359, sec. 2, p. 1053; am. 2022, ch. 217, sec. 3, p. 706.]
(1) The department shall cancel any driver’s license, restricted school attendance driving permit, or instruction permit upon determining that the licensee or permittee was not entitled to the issuance of the driver’s license or instruction permit, that the licensee or permittee failed to give the required or correct information in his application, or that the licensee or permittee committed fraud in making the application.
(2) Upon a cancellation, the licensee or permittee shall surrender the canceled driver’s license or canceled instruction permit to the department.
(3) The department shall cancel a person’s commercial driver’s license upon determining that the class A, B or C licensee has falsified information. Upon cancellation of a class A, B or C driver’s license, the licensee shall be disqualified from operating a commercial motor vehicle for a period of sixty (60) days.
(4) The department shall decertify the medical status and initiate a downgrade of any driver who is required by the federal motor carrier safety administration to maintain a medical examiner’s certificate and/or medical exemption letter or skill performance evaluation certificate upon determining the person’s medical certification has expired or has been revoked or canceled. The department shall change the person’s driving status in the driver record to "not-certified," within ten (10) days and shall mail a notification letter regarding the pending decertification and downgrade action to the driver’s last known address. The downgrade action shall occur no more than sixty (60) days from the date the not-certified status is posted to the record. Drivers can remove the not-certified medical status from their driving record by presenting a current and valid medical examiner’s certificate and/or medical exemption letter or skill performance evaluation certificate to the department or by submitting an application to the department requesting their medical status be changed to "excepted."
(5) The department shall remove and, when applicable, subsequently reinstate a driver’s commercial driving privileges upon receiving notification of a driver’s status change in the drug and alcohol clearinghouse.
(6) When a driver’s license has been canceled for reasons of impairment, incompetence or inability of the licensed driver to operate a motor vehicle safely as provided in section 49-303 or 49-326, Idaho Code, and the licensee has voluntarily surrendered his driver’s license, or when a licensed driver requests cancellation of his license for any of the same reasons stated in this subsection and he voluntarily surrenders his license, the licensee may be eligible for a no-fee identification card as provided in section 49-2444, Idaho Code.
[49-322, added 1988, ch. 265, sec. 56, p. 600; am. 1989, ch. 88, sec. 34, p. 182; am. 1992, ch. 115, sec. 16, p. 366; am. 1999, ch. 79, sec. 1, p. 225; am. 2000, ch. 214, sec. 11, p. 600; am. 2002, ch. 235, sec. 8, p. 706; am. 2011, ch. 60, sec. 6, p. 134; am. 2024, ch. 13, sec. 3, p. 125.]
(1) The privilege of driving a motor vehicle on the highways given to a nonresident shall be subject to suspension, disqualification or revocation by the department in a like manner and for a like cause as a driver’s license issued to a resident may be suspended, disqualified or revoked.
(2) Upon receipt of a record of the conviction, suspension, disqualification or revocation in this state of a nonresident driver for any offense under the motor vehicle laws, the department shall forward a certified copy or electronic transfer of the record of the conviction, suspension, disqualification or revocation and its cause to the motor vehicle administrator in the state wherein the person so convicted is a resident and to the national driver register.
[49-323, added 1988, ch. 265, sec. 57, p. 600; am. 1989, ch. 88, sec. 35, p. 182; am. 1990, ch. 45, sec. 24, p. 98; am. 2006, ch. 164, sec. 7, p. 494.]
The department shall suspend, disqualify or revoke the driver’s license or privilege of any resident of this state or the privilege of a nonresident to operate a motor vehicle in this state upon receiving notice of the conviction, administrative action or court order of that person in another state or jurisdiction of an offense which, if committed in this state, would be grounds for the suspension, disqualification or revocation of the driver’s license and privileges of the driver. The department shall forward a certified copy or electronic transfer to the national driver register.
[49-324, added 1988, ch. 265, sec. 58, p. 600; am. 1989, ch. 88, sec. 36, p. 182; am. 1990, ch. 45, sec. 25, p. 99; am. 1992, ch. 115, sec. 17, p. 367; am. 1998, ch. 110, sec. 25, p. 407; am. 2004, ch. 126, sec. 5, p. 433.]
(1) The department shall revoke the operating privilege of any driver upon receiving a record of the person’s conviction of any of the following offenses, when the conviction has become final, if the court has not ordered the suspension or revocation of the privilege:
(a) Vehicular manslaughter;
(b) Any felony in the commission of which a motor vehicle is used, except that a court of competent jurisdiction shall have exclusive authority to suspend or revoke operating privileges upon conviction of a violation of the provisions of section 18-8004 or 18-8006, Idaho Code;
(c) Perjury or the making of a false affidavit or statement under oath to the department under any law relating to the ownership or operation of motor vehicles;
(d) Conviction, or forfeiture of bail, upon three (3) charges of reckless driving committed within a period of twelve (12) months;
(e) Conviction of a violation of the provisions of section 49-1301, Idaho Code. Revocation in this event shall be for a period of not less than one (1) year.
(2) Whenever any driver’s license, permit or operating privilege has been revoked by the department on the basis of subsections (1)(b) through (1)(e) of this section, the department may issue a temporary restricted permit, except when restricted operating privileges are specifically prohibited by other provisions of law.
(a) A temporary restricted permit shall specify the restrictions as to time and area of use and any further restrictions as the department, in its discretion, may impose.
(b) A temporary restricted permit may be issued to grant noncommercial driving privileges, but no temporary restricted permit shall be issued which grants driving privileges to operate a commercial motor vehicle.
[49-325, added 1988, ch. 265, sec. 59, p. 601; am. 1989, ch. 88, sec. 37, p. 183; am. 2005, ch. 352, sec. 7, p. 1106.]
(1) If the court has not ordered the suspension of a license or privileges, the department is authorized to suspend, disqualify or revoke the license or privileges of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the driver:
(a) Has committed an offense for which mandatory revocation, suspension or disqualification of license or privileges is required upon conviction, court order or administrative action;
(b) Has been convicted in any court in this state of an offense against a municipal ordinance which would have been grounds for suspension, revocation or disqualification of his driver’s license or privileges had the charge been prosecuted under a state law;
(c) Is incompetent to drive a motor vehicle;
Any person who in the opinion of the department, based upon recommendation of the person’s personal physician, is afflicted with or subject to any condition which brings about momentary or prolonged lapses of consciousness or control, which is or may become chronic, or when the person is suffering from a physical or mental disability or disease serving to prevent him from exercising reasonable and ordinary control over a motor vehicle while operating it upon the streets and highways, or any person who is unable to understand highway signs, warning, regulating or directing traffic, is incompetent to drive a motor vehicle.
Any person who shall not have minimum visual acuity with or without corrective lenses of 20/40 in at least one (1) eye as determined by the Snellen system or other available systems is incompetent to operate a motor vehicle, however, the department shall have the authority to license such person upon the recommendation of an ophthalmologist or qualified physician and upon passage of a skills test. At 20/70 or more in both eyes with or without corrective lenses the department may suspend the driver’s license and privileges. Any person who applies for or receives any type of tax, welfare or other benefits or exemptions for the blind shall be presumed incompetent to operate a motor vehicle. This presumption can be overcome by any person whose vision can be corrected to a visual acuity of 20/40 or better in one (1) eye as documented by a licensed ophthalmologist or optometrist.
Any person, department, or political subdivision of the state of Idaho who receives an application for any type of tax, welfare, aid or other benefits or exemptions for the blind shall immediately forward the name, address, sex, date of birth, and date of application of the applicant to the department.
Any physician who has reason to believe that a patient is incompetent to drive a motor vehicle as defined in this subsection, may submit a report to the department. Before submitting a report, a physician should notify the patient or the patient’s family of the physician’s concerns about the patient’s ability to drive. If the physician submits a report, the physician shall provide a copy of the report to the patient or to a member of the patient’s family. If a physician submits a report in good faith, no professional disciplinary procedure, no monetary liability and no cause of action may arise against the physician for submission of the report;
(d) Has permitted an unlawful or fraudulent use of a driver’s license;
(e) Has committed an offense in another state or jurisdiction as evidenced by a conviction, court order or administrative action, which if committed in Idaho would be grounds for suspension, disqualification or revocation;
(f) Has been convicted of the offense of reckless driving, or fleeing or attempting to elude a peace officer, and providing that the operating privilege shall be suspended for a period of thirty (30) days upon conviction and providing further, that if a second conviction occurs within a two (2) year period of time from the time of the first conviction, the suspension shall be for ninety (90) days, and if a third conviction shall occur within a three (3) year period of time from the time of the first conviction, the period of suspension shall be for one (1) year;
(g) Has failed to satisfy a judgment as set forth in chapter 12, title 49, Idaho Code;
(h) Has failed to maintain proof of financial responsibility as set forth in chapter 12, title 49, Idaho Code;
(i) Has a driving record which shows a violation point count of twelve (12) or more points in any consecutive twelve (12) month period;
(j) Is an habitual violator of traffic laws;
(k) Has been convicted of the offense of violation of a restricted license and providing the driver’s license and privileges be suspended for a period of thirty (30) days;
(l) Has been convicted for the offense of leaving the scene of an accident involving damages to a vehicle, the period of revocation shall be one (1) year;
(m) Has been convicted for the offense of leaving the scene of an accident resulting in injury or death, the period of revocation shall be one (1) year;
(n) Is under the age of eighteen (18) years and is not satisfactorily enrolled in school, has not received a waiver pursuant to or has not completed school as provided in section 49-303A, Idaho Code;
(o) Was cited under the age of seventeen (17) years and subsequently received a conviction involving a moving traffic violation arising out of the operation of a motor vehicle, and providing the driver shall be sent a written warning from the Idaho transportation department for a first conviction; the driver’s license shall be suspended for a period of thirty (30) days for a second conviction; and the driver’s license shall be suspended for a period of sixty (60) days for a third or subsequent conviction; and providing further that no restricted driving privileges shall be issued during any period of suspension hereunder.
(2) A violation point is assessed for conviction of any charge or with proof of any infraction involving a moving traffic violation. A value of one (1) point shall be given for a less serious violation and up to four (4) points for a more serious violation. Conviction or proof of infraction for only one (1) violation arising from one (1) occasion of arrest or citation shall be counted in determining the violation point count.
(3) The department is authorized and directed to establish a violation point count system for various moving traffic violations and infractions occurring either within or without the state of Idaho, affecting all holders of driver’s licenses issued by the department.
(4) Notification of suspension, revocation, cancellation or disqualification. Upon suspending, revoking, canceling or disqualifying the driver’s license or driving privileges of any person, the department shall immediately notify the applicant or licensee in writing, at the licensee’s address on file with the department pursuant to section 49-320, Idaho Code. Upon his request, the department shall afford him an opportunity for a hearing before a hearing officer appointed by the director. The hearing may be held by telephone within twenty (20) days after receipt of the request, unless this period is for good cause shown, extended by the hearing officer for one ten (10) day period. The notice and hearing shall be required prior to the imposition of additional suspension or disqualification periods beyond the periods as set forth in this section. Upon a hearing, the hearing officer may administer oaths, may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon the hearing, the department shall either rescind its order or, with good cause, may affirm or extend the suspension or disqualification of the driver’s license or revoke the driver’s license.
Whenever a driver’s license, permit or driving privilege has been suspended or revoked by the department as provided in this section, other than as set forth in subsection (1)(c), (d), (g), (h), (m), (n) or (o) of this section, the department may issue a temporary restricted permit restricting the time, area and purpose of use. The application, eligibility requirements and form of the temporary restricted permit shall be provided by administrative rule. A temporary restricted permit may be issued to grant noncommercial driving privileges, but no temporary restricted permit shall be issued which grants driving privileges to operate a commercial motor vehicle.
(5) The department shall not suspend or revoke a driver’s license or privileges for a period of more than one (1) year, unless otherwise provided by law. The provisions of this subsection shall not be applicable with respect to the issuance of temporary restricted permits as provided in section 49-325, Idaho Code, nor shall it be applicable to those suspensions placed on an individual’s record for the purpose of administering suspensions ordered to take effect after an individual’s release from confinement or imprisonment pursuant to chapter 80, title 18, Idaho Code.
(6) The department shall not disqualify a driver for a period longer than specified by 49 CFR part 383.
[49-326, added 1988, ch. 265, sec. 60, p. 601; am. 1989, ch. 88, sec. 38, p. 183; am. 1990, ch. 45, sec. 26, p. 99; am. 1992, ch. 115, sec. 18, p. 367; am. 1994, ch. 357, sec. 2, p. 1122; am. 1996, ch. 348, sec. 3, p. 1162; am. 1996, ch. 371, sec. 13, p. 1263; am. 1997, ch. 238, sec. 4, p. 696; am. 1998, ch. 110, sec. 26, p. 408; am. 1998, ch. 152, sec. 2, p. 523; am. 1999, ch. 81, sec. 13, p. 255; am. 2000, ch. 214, sec. 12, p. 600; am. 2004, ch. 126, sec. 6, p. 433; am. 2005, ch. 352, sec. 8, p. 1106; am. 2011, ch. 124, sec. 1, p. 348; am. 2013, ch. 129, sec. 1, p. 296.]
When a court’s judgment or order provides that the suspension of an individual’s driver’s license or driving privileges shall begin after the individual is released from confinement or imprisonment, the department, for purposes of administering the ordered suspension, shall consider the driver’s license or driving privileges as suspended effective as of the end of the last day of the fixed portion of the ordered sentence, as shown by the judgment or sentencing order of the court.
(1) Unless otherwise ordered by the court, the suspension shall remain in effect until the individual applies for reinstatement of his or her driver’s license or driving privileges and can provide verifiable documentation to establish the date of release from confinement or imprisonment and show that the court-ordered suspension period has expired since the individual’s release. Upon such a showing, the department will reinstate the individual’s driver’s license or driving privileges as provided by law.
(2) Where the department is notified of the release of the individual, either by the court or the agency having custody over the individual during the period of confinement or imprisonment, the department shall amend its records to reflect the actual court-ordered period of suspension.
(3) No time credit against the court-ordered period of suspension will be given while the individual is incarcerated or if the individual is reincarcerated. The entire period of the court-ordered suspension must run after the individual is released from confinement or imprisonment.
[49-326A, added 1998, ch. 152, sec. 3, p. 526; am. 2008, ch. 45, sec. 1, p. 118.]
(1) When the period of revocation, disqualification or suspension of a driver’s license has expired, or the reason for the revocation, disqualification or suspension no longer exists, the department shall reinstate the driver’s license or driving privileges on application of the driver.
(2) The application shall be in the form prescribed by the department and accompanied by a reinstatement fee of twenty-five dollars ($25.00) which shall be deposited in the state highway account.
(3) A driver’s license shall not be suspended for failure to pay an infraction penalty. All driver’s licenses suspended prior to July 1, 2018, for failure to pay an infraction penalty shall be reinstated upon application and without charge to the applicant.
(4) In addition to any other fees required in this section to be collected, the department shall collect sixty dollars ($60.00) for reinstating a driver’s license after conviction for driving under the influence, without privileges, and after conviction or other violation of any other traffic-related misdemeanor or infraction, of which fees forty dollars ($40.00) shall be paid over to the county treasurer of the county in which the conviction occurred for support of that county’s justice fund, or the current expense fund if no county justice fund has been established, and the twenty dollars ($20.00) shall be deposited in the state highway account.
(5) In addition to any other fees required in this section to be collected, the department shall collect two hundred dollars ($200) for reinstating a driver’s license after a suspension imposed under the provisions of section 18-8002 or section 18-8002A, Idaho Code, or after a revocation, disqualification or suspension arising out of any alcohol or drug-related offense, other than a suspension imposed upon a person under eighteen (18) years of age pursuant to section 18-1502(d), Idaho Code. Funds collected pursuant to this subsection shall be deposited in the state highway account.
(6) When there is more than one (1) reason why a driver’s license was revoked or suspended or why a driver was disqualified, the department shall not collect multiple fees for reinstatement, but shall only collect one (1) reinstatement fee, which shall be the greater reinstatement fee, provided however, the department shall collect a reinstatement fee for each revocation, disqualification or suspension under chapter 80, title 18, Idaho Code.
[49-328, added 1988, ch. 265, sec. 62, p. 604; am. 1989, ch. 88, sec. 40, p. 185; am. 1990, ch. 45, sec. 27, p. 101; am. 1990, ch. 216, sec. 3, p. 582; am. 1990, ch. 432, sec. 2, p. 1198; am. 1992, ch. 115, sec. 20, p. 370; am. 1993, ch. 413, sec. 3, p. 1523; am. 1994, ch. 357, sec. 3, p. 1125; am. 1997, ch. 227, sec. 2, p. 665; am. 1997, ch. 238, sec. 5, p. 699; am. 1999, ch. 81, sec. 14, p. 257; am. 2008, ch. 18, sec. 4, p. 27; am. 2009, ch. 331, sec. 4, p. 955; am. 2018, ch. 298, sec. 3, p. 707.]
No resident or nonresident whose driver’s license or right or privilege to operate a motor vehicle in Idaho has been suspended or revoked shall operate a motor vehicle in this state under a driver’s license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after revocation until a new driver’s license is obtained when and as permitted under this chapter.
[49-329, added 1988, ch. 265, sec. 63, p. 604; am. 1989, ch. 88, sec. 41, p. 186.]
Any person denied a driver’s license by the department or whose driver’s license has been cancelled, suspended, disqualified, revoked, or restricted by the department shall have the right to file a petition for judicial review pursuant to chapter 52, title 67, Idaho Code.
[49-330, added 1988, ch. 265, sec. 64, p. 605; am. 1989, ch. 88, sec. 42, p. 186; am. 1990, ch. 45, sec. 28, p. 101; am. 1997, ch. 238, sec. 6, p. 700.]
(1) It is a misdemeanor for any person:
(a) To display or cause or permit to be displayed any mutilated or illegible, canceled, revoked, suspended, disqualified, fictitious, or fraudulently altered driver’s license or to have in his possession any driver’s license canceled pursuant to section 49-322(1), Idaho Code;
(b) To lend his driver’s license to any other person or knowingly permit the use of his driver’s license by another;
(c) To display or represent as one’s own a driver’s license not issued to him;
(d) To fail or refuse to surrender to the department, upon its lawful demand, any driver’s license that has been canceled pursuant to section 49-322(1), Idaho Code;
(e) To use a false or fictitious name in any application for a driver’s license, to knowingly make a false statement, or to knowingly conceal a material fact or otherwise commit a fraud in any application;
(f) To permit any unlawful use of a driver’s license issued to him; or
(g) To manufacture, produce, sell, offer for sale or transfer to another person any document purporting to be a certificate of birth or driver’s license.
(2) In addition to the misdemeanor penalties that may be imposed for violation of the provisions of subsection (1) of this section, the court upon conviction may enter an order directing the department to suspend the driver’s license, a permit to drive, privileges, or any nonresident’s driving privileges for a period of ninety (90) days. A conviction under this section shall not be used as a factor or considered in any manner for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer, and such conviction shall not be grounds for nonrenewal of any insurance policy as provided in section 41-2507, Idaho Code.
[49-331, added 1988, ch. 265, sec. 65, p. 605, am. 1989, ch. 88, sec. 43, p. 186; am. 1989, ch. 342, sec. 1, p. 866; am. 1990, ch. 45, sec. 29, p. 101; am. 1992, ch. 115, sec. 21, p. 370; am. 2000, ch. 327, sec. 4, p. 1104; am. 2022, ch. 72, sec. 2, p. 211.]
Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the provisions of this chapter to be sworn to or affirmed, is guilty of perjury and upon conviction shall be punished as provided by law.
[49-332, added 1988, ch. 265, sec. 66, p. 605.]
No person shall:
(1) Cause or knowingly permit his child or ward under the age of eighteen (18) years to operate a motor vehicle upon any highway when the child or ward is not authorized under or is in violation of any of the provisions of this chapter.
(2) Authorize or knowingly permit a motor vehicle owned by him or under his control to be operated upon any highway by any person who is not authorized under or is in violation of any of the provisions of this chapter.
(3) Employ as a chauffeur of a motor vehicle any person not then licensed as provided in this chapter.
[49-333, added 1988, ch. 265, sec. 67, p. 605.]
(1) No person shall rent a motor vehicle to any other person unless the latter person is then licensed or, in the case of a nonresident, then licensed under the laws of the state or country of his residence, except a nonresident whose home state or country does not require that any operator be licensed.
(2) No person shall rent a motor vehicle to another until he has inspected the driver’s license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of the person written in his presence.
(3) Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of the latter person and the date and place when and where the license was issued. This record shall be open to inspection by any peace officer or officer or employee of the department.
[49-334, added 1988, ch. 265, sec. 68, p. 606, am. 1989, ch. 88, sec. 44, p. 187.]
(1) Any person who operates a commercial motor vehicle or who holds a class A, B or C driver’s license is disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if convicted in the form of a judgment or withheld judgment of a first violation under any state or federal law of:
(a) Operating a motor vehicle while under the influence of alcohol or a controlled substance;
(b) Operating a commercial motor vehicle while the alcohol concentration of the person’s blood, breath or bodily substance is 0.04 or more;
(c) Leaving the scene of an accident involving a motor vehicle driven by the person;
(d) Using a motor vehicle in the commission of any felony;
(e) Operating a commercial motor vehicle when the person’s class A, B or C commercial driver’s license driving privileges were revoked, suspended or canceled or during a time when such person was disqualified from operating a commercial motor vehicle, if the reason for such revocation, suspension, cancellation or disqualification was the result of a violation that occurred while the person was operating a commercial motor vehicle;
(f) Causing a fatality through negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.
(2) Any person who operates a commercial motor vehicle or who holds a class A, B or C driver’s license is disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if the person refuses to submit to or submits to and fails a test to determine the driver’s alcohol, drug or other intoxicating substances concentration while operating a motor vehicle.
(3) If any of the offenses specified in subsection (1) or (2) of this section occurred while transporting a hazardous material required to be placarded, the person is disqualified for a period of not less than three (3) years.
(4) A person is disqualified for the period of time specified in 49 CFR 383 if found to have committed two (2) or more of any of the offenses specified in subsection (1) or (2) of this section, or any combination of those offenses, arising from two (2) or more separate incidents.
(5) A person is disqualified for the period of time specified in 49 CFR 383 from operating a commercial motor vehicle who uses a motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance or possession of a controlled substance with the intent to manufacture, distribute or dispense such controlled substance.
(6) A person who uses a commercial motor vehicle in the commission of a felony involving an act or practice of trafficking in persons, as described in 22 U.S.C. 7102 and chapter 86, title 18, Idaho Code, is disqualified for the period of time specified in 49 CFR 383 from operating a commercial motor vehicle.
(7) A person is disqualified from operating a commercial motor vehicle for a period of not less than sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) or more serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three (3) year period. A conviction for reckless driving shall be considered a serious traffic violation if committed while operating a commercial motor vehicle or a noncommercial motor vehicle, as specified in 49 CFR 383.
(8) A person who drives, operates, or is in physical control of a commercial motor vehicle within this state while having any detectable amount of alcohol in his system or who refuses to submit to an alcohol test must be placed out of service for twenty-four (24) hours and be subject to the provisions of section 18-8002, Idaho Code.
(9) It is unlawful to violate an out-of-service order. A person who is convicted in the form of a judgment or withheld judgment of a violation of an out-of-service order while driving a commercial motor vehicle is disqualified for not less than:
(a) One hundred eighty (180) days or more than one (1) year for a first conviction;
(b) Two (2) years or more than five (5) years for a second conviction arising from separate incidents during any ten (10) year period;
(c) Three (3) years or more than five (5) years for three (3) or more convictions arising from separate incidents during any ten (10) year period.
(10) A person who is convicted in the form of a judgment or withheld judgment of a violation of an out-of-service order while driving a commercial motor vehicle and transporting hazardous materials required to be placarded under the hazardous materials transportation act or while operating motor vehicles designed to transport sixteen (16) or more people including the driver is disqualified for not less than:
(a) One hundred eighty (180) days or more than two (2) years for a first conviction;
(b) Three (3) years or more than five (5) years for subsequent convictions arising from separate incidents in any ten (10) year period.
(11) A person is disqualified from operating a commercial motor vehicle if convicted of a railroad grade crossing violation as specified in 49 CFR 383 or applicable state laws while operating a commercial motor vehicle. The disqualification shall be for a period of:
(a) Sixty (60) days for a first conviction;
(b) One hundred twenty (120) days for a second conviction during any three (3) year period;
(c) One (1) year for a third or subsequent conviction during any three (3) year period.
(12) A person is disqualified from operating a commercial motor vehicle if the federal motor carrier safety administration has determined the person’s driving constitutes an imminent hazard, as defined in 49 CFR 383.5.
(a) An imminent hazard disqualification may not exceed one (1) year in duration. The driver, or a representative on his or her behalf, may file an appeal of the disqualification with the assistant administrator, adjudications counsel, federal motor carrier safety administration.
(b) Any imminent hazard disqualification transmitted by the federal motor carrier safety administration shall become a part of the driver’s record.
(c) The imminent hazard disqualification shall run concurrent to any other existing disqualification.
(13) In addition to the disqualification periods in subsections (9) and (10) of this section, a driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand five hundred dollars ($2,500) for the first conviction and not less than five thousand dollars ($5,000) for any subsequent conviction.
(14) A person who is disqualified from holding a commercial driver’s license pursuant to 49 CFR 383.51 and subsection (4) of this section may make application to the department for reinstatement after a minimum ten (10) year period of disqualification.
(a) To be eligible for reinstatement following a lifetime disqualification under 49 CFR 383.51 and pursuant to subsection (4) of this section, a person shall:
(i) Have a valid class D driver’s license from Idaho or any other jurisdiction for a minimum of three (3) consecutive years prior to the date of application, provided that during such three (3) year period the applicant has not been incarcerated;
(ii) Meet all statutory requirements for issuance of a commercial driver’s license or commercial learner’s permit as a new commercial driver applicant;
(iii) Voluntarily and successfully complete the national safety council four (4) hour defensive driving course and the professional truck driver four (4) hour course and provide proof of completion of both courses to the department;
(iv) Submit a valid medical examiner’s certificate, if applicable;
(v) Submit a criminal background check showing that the applicant has not been convicted of any alcohol or drug-related offenses for the ten (10) years prior to the date of application; and
(vi) If the lifetime disqualification was based on an alcohol or controlled substance conviction, submit proof of the applicant’s successful completion of an appropriate rehabilitation program.
(b) A person who has been reinstated and issued a commercial driver’s license under this subsection who subsequently is convicted of a disqualifying major offense under 49 CFR 383.51 shall not be eligible for future reinstatement of a commercial driver’s license.
(c) The driving records for a person applying for reinstatement under this subsection shall be reviewed by the department. Such driving records shall include records regarding Idaho as well as any other jurisdiction. To be eligible for reinstatement as set forth in this subsection, such records for the ten (10) years preceding the date of application for reinstatement must be free of any convictions occurring in a commercial vehicle, any convictions or withdrawals related to alcohol or drugs, and any felony convictions involving a motor vehicle. Within the three (3) years preceding the date of application for reinstatement, the person’s driving record must be free of any convictions requiring a mandatory withdrawal of driving privileges, whether in this state or any other jurisdiction.
(d) If a person has moved from another jurisdiction that issued the lifetime disqualification, that jurisdiction must be willing to reinstate the disqualification or the person will remain ineligible for a commercial driver’s license in Idaho.
[49-335, added 1989, ch. 88, sec. 45, p. 187; am. 1990, ch. 45, sec. 30, p. 102; am. 1993, ch. 300, sec. 7, p. 1115; am. 1996, ch. 371, sec. 14, p. 1266; am. 1998, ch. 110, sec. 27, p. 410; am. 1999, ch. 81, sec. 15, p. 258; am. 2002, ch. 181, sec. 1, p. 528; am. 2005, ch. 352, sec. 9, p. 1109; am. 2006, ch. 164, sec. 8, p. 495; am. 2007, ch. 100, sec. 1, p. 303; am. 2009, ch. 155, sec. 1, p. 453; am. 2010, ch. 49, sec. 3, p. 91; am. 2022, ch. 35, sec. 1, p. 95; am. 2023, ch. 4, sec. 1, p. 7; am. 2024, ch. 147, sec. 52, p. 589.]
(1) The department shall issue a license in class A, B, or C or any endorsement, only to a person who is domiciled in this state; however, an applicant who is domiciled in a foreign country where the commercial motor vehicle operator testing and licensing standards do not meet the standards in accordance with 49 CFR part 383 may obtain a nonresident driver’s license from this state which meets such standards. The applicant for a nonresident driver’s license shall be required to comply with all provisions of this chapter, in the same manner as an Idaho resident.
(2) The department shall add the word nonresident to the face of the commercial driver’s license of the nonresident driver.
[49-336, added 1989, ch. 88, sec. 45, p. 188; am. 1990, ch. 45, sec. 31, p. 104.]
(1) Any operator of a commercial motor vehicle or any person who holds a class A, B or C driver’s license issued by this state, and who is convicted of violating any state law or local ordinance in any other state relating to motor vehicle traffic control, other than parking violations, such person shall notify the department of the conviction in the manner specified by the department within thirty (30) days of the date of conviction.
(2) Any operator of a commercial motor vehicle or any person who holds a class A, B or C driver’s license issued by this state, and who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, such person shall notify his employer in writing of the conviction within thirty (30) days of the date of conviction.
(3) Each employee whose class A, B or C driver’s license is suspended, revoked, denied, refused or canceled by this state or who loses the privilege to operate a commercial motor vehicle in any state for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify his employer of that fact before the end of the business day following the day the employee received notice of that fact.
(4) Each person who applies for employment as an operator of a commercial motor vehicle with an employer shall provide notification to the employer, at the time of application, of his previous employment as an operator of a commercial motor vehicle. The period of previous employment of which notification must be given shall be the ten (10) year period ending on the date of application for employment.
(5) No employer shall knowingly allow, permit, require or authorize an employee to operate a commercial motor vehicle in the United States during any period:
(a) In which the employee has a driver’s license suspended, revoked or canceled by a state, has lost the privilege to operate a commercial motor vehicle in a state or has been disqualified from operating a commercial motor vehicle; or
(b) In which the employee has more than one (1) driver’s license; or
(c) In which the employee, or the motor vehicle being driven, or the motor carrier operation, is subject to an out-of-service order.
(6) An employer who is convicted of a violation of subsection (5)(c) of this section shall be subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) nor more than twenty-five thousand dollars ($25,000).
(7) No employer shall knowingly allow, permit, require or authorize an employee to operate a commercial motor vehicle in the United States in violation of any federal, state or local law or federal regulation pertaining to railroad grade crossings. An employer who is convicted of a violation of this subsection (7) shall, in addition to the general penalties provided for in this title, be subject to a civil penalty of not more than ten thousand dollars ($10,000).
(8) Each employer shall require the information specified in subsection (4) of this section to be provided by the employee.
[49-337, added 1989, ch. 88, sec. 45, p. 188; am. 1996, ch. 371, sec. 15, p. 1267; am. 1999, ch. 81, sec. 16, p. 260; am. 2002, ch. 181, sec. 2, p. 529; am. 2006, ch. 164, sec. 9, p. 497; am. 2009, ch. 155, sec. 2, p. 455.]
The registration fee imposed for vehicles under the provisions of this chapter shall be in lieu of all taxes on vehicles, general or local, and vehicles properly registered and for which the required fee for any part of the previous year has been paid shall be exempt from ad valorem taxation.
[49-401, added 1988, ch. 265, sec. 70, p. 606; am. 1992, ch. 35, sec. 7, p. 112.]
(1) Every owner of a motor vehicle, trailer or semitrailer who intends to operate the vehicle upon any highway in this state shall, before the same is so operated, apply to a county assessor or to the department or an agent of the department and obtain registration for vehicles pursuant to sections 49-402(1) through (3), 49-402A, 49-402B and 49-422, Idaho Code. All others shall be obtained from the department except as provided in subsection (2) of this section. Owners of vehicles specified in section 49-426, Idaho Code, are exempt from the provisions of this section. Owners of vehicles operating on a temporary basis as provided in sections 49-431(3) and 49-432, Idaho Code, are exempt from the provisions of this section to the extent that the temporary permits in use are unexpired.
(2) Commercial vehicles in excess of twenty-six thousand (26,000) pounds gross weight, farm and noncommercial vehicles in excess of sixty thousand (60,000) pounds gross weight and all vehicles registered under section 49-435, Idaho Code, shall be registered by the department. All other commercial, farm and noncommercial vehicles and the vehicles in paragraphs (a), (b), and (c) of this subsection shall be registered by the county assessor or by the department or an agent of the department.
(a) Motor vehicles equipped primarily to haul passengers on a commercial basis, doing strictly an intrastate business, and having gross weights of twenty-six thousand (26,000) pounds or less.
(b) Any farm vehicle or combination of vehicles where each vehicle or combination of vehicles shall not exceed a gross weight of sixty thousand (60,000) pounds.
(c) Nonresident vehicles or combination of vehicles owned by transient labor used in hauling unprocessed agricultural products for hire and not exceeding sixty thousand (60,000) pounds gross weight shall register their vehicle for the appropriate gross weight scale for the annual fee if registered on or before June 30 and for one-half (1/2) the annual fee if not registered until on or after July 1 of any year, with the assessor of the county in which the owner resides.
(3) Commercial, farm and noncommercial vehicles of any weight doing strictly an intrastate business may be registered by the county assessor or by the department or an agent of the department by mutual agreement between the department and the county.
[49-401A, added 1992, ch. 35, sec. 8, p. 113; am. 1996, ch. 428, sec. 1, p. 1455; am. 1998, ch. 392, sec. 6, p. 1206; am. 1999, ch. 316, sec. 1, p. 790; am. 2015, ch. 208, sec. 4, p. 643; am. 2021, ch. 180, sec. 1, p. 496; am. 2026, ch. 251, sec. 16, p. 1066.]
(1) Application for the registration of a vehicle required to be registered under the provisions of section 49-401A, Idaho Code, shall be made to the assessor or the department, as specified in that section, by the owner on the appropriate form. Every application shall contain the owner’s Idaho driver’s license number, Idaho identification card number, social security number or individual taxpayer identification number. In the case of a business, the employer tax identification number is required. Every application shall also contain the owner’s true and full legal name, and every applicant must submit proof of identity pursuant to section 49-306, Idaho Code, if he has not already done so. In the event that the owner does not possess a social security number, the owner shall present written documentation sufficient to the department to determine that no social security number has been issued. In the event that a business, trust or other statutorily created entity is not required to have and does not possess an employer tax identification number, the applicant shall provide a written statement certifying that the entity does not possess an employer tax identification number. Such application must be signed by the owner and contain his residence address and mailing address, if different, and a brief description of the vehicle to be registered, including the name of the maker, the type of fuel used, and the identification number. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant may state in the application required pursuant to this section the applicant’s alternative Idaho mailing address in place of his or her residence address. Upon registration of a new vehicle, the application shall also show the date of sale by the manufacturer or dealer to the person first operating such vehicle. The application shall contain any other information as may be required by the department and shall contain a provision that allows an owner to choose to participate in the Idaho state parks passport program. The assessor shall issue to the applicant a receipt for any fee paid. Social security numbers collected shall not appear on certificates of registration, and all applications on file shall be exempt from disclosure, except as provided in sections 49-202, 49-203 and 49-203A, Idaho Code.
(2) The assessor shall record on a form prescribed and furnished by the department the names of all owners of vehicles residing in the county who make application for registration, together with the amounts of the fees paid by such owners.
(3) When application for registration is made by any motor carrier, the assessor or the department shall require each such applicant to execute a certification of safety compliance.
(4) Vehicles registered under the proportional registration provisions of section 49-435, Idaho Code, shall be registered by the department.
(5) Every owner of a vehicle registered by a county assessor shall give his physical domicile residence address or the business physical principal address to the assessor so that the proper county can be entered upon the registration. Failure to do so shall be unlawful. The department shall then attribute the registration, and all fees to be apportioned to the highway distribution account, to the county of residence regardless of the county in which the registration occurred. Fees imposed under the provisions of sections 40-827 and 40-1416, Idaho Code, shall be separately identified and accounted for and paid to the highway district for which collected. Fees collected in addition to vehicle registration fees for the Idaho state parks passport program, as provided in section 49-402(11), Idaho Code, shall be separately identified and accounted for and paid to the state treasurer on a monthly basis to be deposited in the park and recreation fund as specified in section 49-402(11), Idaho Code. For the purposes of vehicle registration, a person is an actual and permanent resident of the county in which he has his principal residence or domicile. A principal residence or domicile shall not be a person’s workplace, vacation, or part-time residence.
(6) A violation of the provisions of this section shall be an infraction.
[49-401B, added 1992, ch. 35, sec. 9, p. 113; am. 1998, ch. 392, sec. 7, p. 1208; am. 1999, ch. 383, sec. 7, p. 1062; am. 2009, ch. 141, sec. 1, p. 424; am. 2010, ch. 225, sec. 5, p. 511; am. 2010, ch. 258, sec. 1, p. 658; am. 2012, ch. 41, sec. 1, p. 127; am. 2013, ch. 354, sec. 4, p. 969; am. 2014, ch. 13, sec. 2, p. 20; am. 2014, ch. 38, sec. 5, p. 74; am. 2026, ch. 52, sec. 1, p. 239.]
(1) In order to continue improving the quality of its products and services, the department may establish contracts with electronic vehicle credential (EVC) providers that operate programs that provide vehicle registration services. An authorized EVC provider may act on behalf of the department and county assessors in receiving, processing, and transmitting to the department registration applications and related fees.
(2) The department shall establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for handling under this section.
(3) The department may establish the maximum amount that an EVC provider may charge its customers in providing the services authorized under subsection (1) of this section.
(4) The department shall adopt procedures that ensure adequate oversight and monitoring of an EVC provider to protect vehicle owners from improper use of vehicle records.
(5) The number of EVC providers that may be established in Idaho shall not exceed ten (10).
(6) The department is authorized to promulgate rules to administer the EVC provider program.
[49-401C, added 2021, ch. 180, sec. 2, p. 497.]
(1) The annual fee for operating each pickup truck, each neighborhood electric vehicle and each other motor vehicle having a maximum gross weight not in excess of eight thousand (8,000) pounds and that complies with the federal motor vehicle safety standards as defined in section 49-107, Idaho Code, shall be:
Vehicles one (1) and two (2) years old
Vehicles three (3) and four (4) years old
Vehicles five (5) and six (6) years old
Vehicles seven (7) and eight (8) years old
Vehicles over eight (8) years old
There shall be twelve (12) registration periods, starting in January and proceeding consecutively through December. Each registration period shall start on the first day of a calendar month and end on the last day of the twelfth month from the first day of the beginning month. Registration periods shall expire at midnight on the last day of the registration period in the year designated by the registration card. The registration period is fixed by the registration card under the staggered registration system for the purpose of reregistration and notice of expiration.
A vehicle that has once been registered for any of the above-designated periods shall, upon reregistration, be registered for the period bearing the same month, and the registration card shall show and be the exclusive proof of the expiration date of registration and licensing. Vehicles may be initially registered for less than a twelve (12) month period, or for more than a twelve (12) month period, and the fee prorated on a monthly basis if the fractional registration tends to fulfill the purpose of the monthly series registration system.
(2) For all school buses operated either by a nonprofit, nonpublic school or operated pursuant to a service contract with a school district for transporting children to or from school or in connection with school-approved activities, the annual fee shall be twenty-four dollars ($24.00) and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.
(3) For all motorcycles and motor-driven cycles that comply with the federal motor vehicle safety standards, operated on the public highways, the annual fee shall be nineteen dollars ($19.00) and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.
(4) For operation of an all-terrain vehicle, utility type vehicle or motorbike, excluding a motorbike with an engine displacement of fifty (50) cubic centimeters or less, on city, county or highway district roads or highways open to such use, a restricted vehicle license plate fee pursuant to section 49-450, Idaho Code, shall be paid. In addition, the certificate of number fee specified in section 67-7122, Idaho Code, shall be paid as provided in section 67-7122, Idaho Code. The certificate of number and restricted vehicle license plate exemption provided in section 49-426(2), Idaho Code, applies to all-terrain vehicles, utility type vehicles, motorbikes and motorcycles used for the purposes described in section 49-426(2), Idaho Code. Nonresidents shall be allowed to purchase a restricted vehicle license plate and validation sticker pursuant to section 67-7124, Idaho Code, for an all-terrain vehicle, utility type vehicle, or motorbike.
(5) For all motor homes, the fee shall be as specified in subsection (1) of this section and shall be in addition to the fees provided for in section 49-445, Idaho Code.
(6) Registration fees shall not be subject to refund.
(7) A financial institution or repossession service contracted to a financial institution repossessing vehicles under the terms of a security agreement shall move the vehicle from the place of repossession to the financial institution’s place of business on a repossession plate. The repossession plate shall also be used for demonstrating the vehicle to a prospective purchaser for a period not to exceed ninety-six (96) hours. The registration fees for repossession plates shall be as required in subsection (1) of this section for a vehicle one (1) and two (2) years old. All other fees required under chapter 4, title 49, Idaho Code, shall be in addition to the registration fee. The repossession plate shall be subject to staggered registration for the purpose of reregistration and notice of expiration.
(8) A wrecker or towing business engaged in the process of towing motorized vehicles that have been wrecked, abandoned, salvaged or may be disabled may apply for a wrecker plate to be displayed on those vehicles being towed, provided the power unit is properly registered under this chapter. The registration fees for wrecker plates shall be as required in subsection (1) of this section for a vehicle one (1) and two (2) years old. All other fees required under chapter 4, title 49, Idaho Code, shall be in addition to the registration fee and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.
(9) In addition to the annual registration fee in this section, there shall be an initial program fee of twenty-five dollars ($25.00) and an annual program fee of fifteen dollars ($15.00) for all special license plate programs for those license plates issued pursuant to sections 49-404A, 49-407, 49-408, 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special plates issued pursuant to sections 49-417E and 49-417G, Idaho Code, there shall be an initial program fee of seventy dollars ($70.00) and an annual program fee of fifty dollars ($50.00). For special plates issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an initial program fee of twenty-five dollars ($25.00) but there shall be no annual renewal fee. For special plates issued pursuant to sections 49-415D, 49-416A, 49-417, 49-417A, 49-417B, 49-417C, 49-417D, 49-418A, 49-418B, 49-418C, 49-419, 49-419A, 49-419C, 49-419E, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420J, 49-420K, 49-420M, 49-420Q, 49-420R, 49-420S, 49-420T, and 49-420U, Idaho Code, and unless otherwise expressly provided for in this chapter, any new special plate program effective on and after January 1, 2013, pursuant to section 49-402D, Idaho Code, there shall be an initial program fee of thirty-five dollars ($35.00) and an annual program fee of twenty-five dollars ($25.00). The fees contained in this subsection shall be applicable to all new special plate programs and shall be subject to staggered registration for the purpose of reregistration and notice of expiration. The initial program fee and the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of special license plate programs, unless otherwise specified by law.
(10) Any vehicle that does not meet federal motor vehicle safety standards shall not be registered and shall not be permitted to operate on public highways of the state, as defined in section 40-117, Idaho Code, unless otherwise specifically authorized.
(11) In addition to annual registration fees as provided in this section, registrants may pay a fee to purchase an Idaho state parks passport authorizing resident motor vehicle entry into all Idaho state parks. Registrants may pay the fee for a one (1) year or two (2) year period of time. The fee shall be ten dollars ($10.00) for one (1) year and twenty dollars ($20.00) for two (2) years. All fees collected pursuant to this subsection shall be deposited into the park and recreation fund and shall be subject to appropriation. Fees collected pursuant to this subsection shall not be considered a motor vehicle registration fee as provided in section 17, article VII of the constitution of the state of Idaho.
[49-402, added 1988, ch. 265, sec. 71, p. 607; am. 1989, ch. 310, sec. 11, p. 785; am. 1989, ch. 318, sec. 3, p. 820; am. 1990, ch. 391, sec. 2, p. 1094; am. 1991, ch. 295, sec. 1, p. 770; am. 1992, ch. 35, sec. 10, p. 114; am. 1992, ch. 186, sec. 1, p. 578; am. 1992, ch. 261, sec. 2, p. 758; am. 1993, ch. 99, sec. 1, p. 249; am. 1993, ch. 135, sec. 2, p. 333; am. 1996, ch. 343, sec. 3, p. 1151; am. 1997, ch. 129, sec. 1, p. 383; am. 1998, ch. 392, sec. 8, p. 1209; am. 1999, ch. 315, sec. 1, p. 782; am. 1999, ch. 316, sec. 2, p. 790; am. 1999, ch. 320, sec. 5, p. 818; am. 1999, ch. 365, sec. 1, p. 963; am. 1999, ch. 374, sec. 1, p. 1021; am. 2000, ch. 50, sec. 1, p. 95; am. 2000, ch. 193, sec. 1, p. 477; am. 2000, ch. 200, sec. 1, p. 492; am. 2000, ch. 315, sec. 2, p. 1061; am. 2000, ch. 421, sec. 1, p. 1369; am. 2001, ch. 281, sec. 1, p. 1010; am. 2002, ch. 226, sec. 1, p. 651; am. 2002, ch. 254, sec. 1, p. 731; am. 2002, ch. 285, sec. 1, p. 829; am. 2003, ch. 16, sec. 11, p. 58; am. 2003, ch. 43, sec. 1, p. 165; am. 2003, ch. 45, sec. 2, p. 173; am. 2003, ch. 242, sec. 1, p. 624; am. 2004, ch. 78, sec. 1, p. 300; am. 2004, ch. 81, sec. 1, p. 307; am. 2004, ch. 301, sec. 2, p. 841; am. 2005, ch. 70, sec. 1, p. 244; am. 2005, ch. 102, sec. 1, p. 321; am. 2005, ch. 154, sec. 1, p. 481; am. 2005, ch. 183, sec. 4, p. 565; am. 2006, ch. 41, sec. 1, p. 119; am. 2006, ch. 118, sec. 1, p. 331; am. 2006, ch. 119, sec. 1, p. 334; am. 2006, ch. 176, sec. 1, p. 541; am. 2007, ch. 256, sec. 1, p. 760; am. 2008, ch. 150, sec. 1, p. 436; am. 2008, ch. 193, sec. 1, p. 605; am. 2008, ch. 198, sec. 5, p. 640; am. 2008, ch. 210, sec. 1, p. 664; am. 2008, ch. 409, sec. 3, p. 1129; am. 2009, ch. 11, sec. 19, p. 31; am. 2009, ch. 157, sec. 7, p. 466; am. 2009, ch. 196, sec. 1, p. 631; am. 2009, ch. 199, sec. 1, p. 637; am. 2009, ch. 287, sec. 1, p. 860; am. 2010, ch. 132, sec. 1, p. 280; am. 2010, ch. 140, sec. 1, p. 295; am. 2011, ch. 22, sec. 1, p. 62; am. 2011, ch. 151, sec. 24, p. 430; am. 2012, ch. 41, sec. 2, p. 128; am. 2012, ch. 64, sec. 1, p. 168; am. 2012, ch. 253, sec. 1, p. 697; am. 2013, ch. 88, sec. 1, p. 212; am. 2013, ch. 354, sec. 3, p. 967; am. 2014, ch. 13, sec. 1, p. 18; am. 2014, ch. 82, sec. 1, p. 225; am. 2015, ch. 8, sec. 1, p. 9; am. 2015, ch. 37, sec. 1, p. 76; am. 2015, ch. 341, sec. 1, p. 1276; am. 2016, ch. 47, sec. 23, p. 118; am. 2017, ch. 233, sec. 1, p. 570; am. 2018, ch. 253, sec. 2, p. 584; am. 2019, ch. 89, sec. 1, p. 217; am. 2020, ch. 42, sec. 1, p. 94; am. 2021, ch. 149, sec. 26, p. 417; am. 2024, ch. 187, sec. 1, p. 675; am. 2025, ch. 109, sec. 1, p. 569; am. 2025, ch. 172, sec. 1, p. 815; am. 2025, ch. 271, sec. 1, p. 1161; am. 2026, ch. 9, sec. 2, p. 66; am. 2026, ch. 84, sec. 10, p. 445; am. 2026, ch. 85, sec. 1, p. 450; am. 2026, ch. 223, sec. 2, p. 996; am. 2026, ch. 251, sec. 17, p. 1066.]
(1) The department shall register a utility trailer for a period of one (1) year for a fee of five dollars ($5.00).
(2) The department may register a utility trailer for a five (5) year period or for a ten (10) year period, and shall issue a license plate with the year of expiration designated by the registration card. Five (5) year registrations shall cost twenty dollars ($20.00) and ten (10) year registrations shall cost thirty dollars ($30.00) and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.
(3) If ownership or interest in the trailer transfers as a result of a sale, neither the registration card nor plate can be transferred to another person. The registration card and plate shall remain in the possession of the transferor and may be transferred to another utility trailer owned by the transferor, and shall be valid until expiration of the original registration.
[49-402A, added 1989, ch. 318, sec. 4, p. 821; am. 1990, ch. 197, sec. 1, p. 439; am. 2013, ch. 88, sec. 2, p. 214; am. 2026, ch. 9, sec. 3, p. 69.]
(1) At the option of the applicant, any vehicle registered under the provisions of section 49-402(1) through (5) or 49-434(1), Idaho Code, may be registered for a period of two (2) years for a fee that is double the fee currently assessed for annual registration of the vehicle in section 49-402 or 49-434(1), Idaho Code.
(2) If any vehicle registered under a special license plate program is registered for a two (2) year period as provided in this section, the registrant shall also be required to pay the special programs fees for a two (2) year period.
(3) Any vehicle registered pursuant to section 49-435, Idaho Code, shall not be eligible for biennial registration.
(4) The additional fee collected for emergency medical services pursuant to section 49-452, Idaho Code, or project choice pursuant to section 49-454, Idaho Code, shall also be doubled for any registration issued under the provisions of this section.
(5) The administrative fee collected for issuance of a motor vehicle registration shall be the same as for an annual registration and shall not be doubled or in any way increased solely because of registration under the provisions of this section.
[49-402B, added 1999, ch. 90, sec. 2, p. 292; am. 2006, ch. 227, sec. 2, p. 679; am. 2023, ch. 51, sec. 1, p. 198.]
(1) It is the intent of the legislature that special license plates issued by the department be readily recognizable as plates from the state of Idaho without losing the uniqueness for which the special plate was designed and purchased. In addition, the legislature finds that the department can operate in a more efficient, cost-effective manner by conforming special plates to a basic color and design.
(2)(a) No special license plates and no special license plate programs in existence on or before June 30, 1998, shall be affected by the provisions of subsections (2) through (5) of this section. On and after July 1, 1998, any new special license plate program authorized or any redesign of an existing special license plate shall use the same red, white and blue background as the standard issue of license plates described in section 49-443, Idaho Code, except that:
(i) The identification of county shall be omitted;
(ii) The word "Idaho" shall appear on every plate;
(iii) The inscription "Scenic Idaho" may be omitted without legislative consideration and approval; and
(iv) No slogan shall be used that infringes upon, dilutes or compromises, or could be perceived to infringe upon, dilute or compromise, the trademarks of the state of Idaho, including, but not limited to, "Idaho Potatoes®," "Grown in Idaho™," "Famous Idaho Potatoes™" or "Famous Potatoes®."
(b) The provisions of this subsection shall not apply to the plate designs issued pursuant to the provisions of section 49-417 or 49-417B, Idaho Code.
(3) Any redesign required for a special plate to conform with legislative intent and the provisions of this section may be done in a manner similar to that used to produce the original design.
(4) The special plates shall conform in all other respects with the provisions of section 49-443, Idaho Code, relating to visibility requirements, display of registration number, time period for validity of plates, and reservation of plate numbers.
(5) Unless otherwise specifically provided, no special license plates shall be issued to motor vehicles with a registered maximum gross weight in excess of twenty-six thousand (26,000) pounds, or any motor vehicle registered under section 49-434(5), Idaho Code, or section 49-435, Idaho Code.
(6) Notwithstanding any other provision of law to the contrary, on and after July 1, 2020, no new special license plate or special license plate program shall be established for the benefit of any entity that is not the state of Idaho or an agency of the state of Idaho. With respect to any special license plate program that is in existence on July 1, 2020, that has a nonprofit agency as a recipient of the proceeds from the sales of such plate, if fewer than one thousand (1,000) plates are issued in the first year of the special plate program’s existence, fewer than one thousand five hundred (1,500) plates are issued in the second year of the special plate program’s existence, or fewer than two thousand (2,000) plates in the third or any subsequent year of such special plate program’s existence, the department shall discontinue that special license plate program.
(7) With respect to a special license plate that has been discontinued prior to July 1, 2020, or is discontinued after that date for any reason, any existing plates may be renewed upon their expiration until the physical license plates must be replaced pursuant to section 49-443(2), Idaho Code. No duplicate or replacement plates will be produced if such plates are lost or damaged.
[49-402C, added 1998, ch. 405, sec. 1, p. 1261; am. 1999, ch. 385, sec. 1, p. 1074; am. 2000, ch. 87, sec. 2, p. 191; am. 2002, ch. 285, sec. 2, p. 831; am. 2002, ch. 362, sec. 2, p. 1022; am. 2004, ch. 301, sec. 3, p. 843; am. 2014, ch. 38, sec. 6, p. 75; am. 2020, ch. 268, sec. 1, p. 778; am. 2026, ch. 46, sec. 2, p. 226.]
(1)(a) For any new special license plate program approved by the legislature, the program sponsor shall, before issuance of any such special license plate, meet the prequalification process outlined in this section. The program sponsor for any special plate program shall:
(i) Submit a financial plan for the use of the proceeds from the special license plate sales and certify that all such proceeds shall be deposited in the highway distribution account, except for military license plates and any new special plate that may be established for the benefit of the state of Idaho or any department, division, bureau, or agency thereof, including an Idaho college or university pursuant to section 49-418A, Idaho Code, or a license plate for the benefit of firearms safety education programs pursuant to section 49-420S, Idaho Code; and
(ii) Designate an individual who shall be deemed responsible by the agency for certifying compliance with the requirements of this section and working with the department.
(b) The department is authorized and shall adopt and promulgate rules to carry out the provisions of this section.
(2) If the request for a special license plate is approved by the department, the following requirements, in addition to those set out in subsection (1) of this section, shall be met by September 1 prior to the next legislative session and prior to the issuance of any special license plates approved by the legislature.
(a) The applicant shall deposit estimated programming and administrative costs with the department to be utilized for programming costs of the specialty plate. Administrative costs in the amount of one thousand dollars ($1,000) shall be nonrefundable.
(b) In addition to the requirements provided for in section 49-402C, Idaho Code, the applicant requesting a special license plate program shall provide to the department an acceptable plate design.
(c) The applicant shall transmit to the department a list of two hundred fifty (250) applicants, whose vehicles are currently registered in the state of Idaho, who intend to purchase the specialty plate when available, as evidenced by completing forms provided by the department.
(3) The department shall submit the completed applications for special license plate programs that meet the requirements of this section to the chairmen of the senate transportation committee and the house of representatives transportation and defense committee each year on behalf of the agency to be included for consideration in the next legislative session.
(4) On an annual basis, by December 1 of each calendar year, the sponsor of a special license plate program shall prepare an annual report, which shall be made available on request and shall be forwarded to the department. Such report shall include an accounting of revenues and expenditures associated with the funds collected for the special license plate program. The department shall compile and forward such reports to the chairmen of the senate transportation committee and the house of representatives transportation and defense committee by January 15 of each year. Failure of the agency to provide such report by the due date shall result in the discontinuation of the special license plate program sales on January 1. The provisions of this section shall exclude special plates established for the highway distribution account, the state of Idaho or any department, division, bureau, or agency thereof, an Idaho college or university pursuant to section 49-418A, Idaho Code, a license plate for the benefit of firearms safety education programs pursuant to section 49-420S, Idaho Code, and military license plate programs.
(5) Any decision by the department that the special license plate program application does not meet the provisions of this section may be appealed to the director of the department. Such notice of appeal shall be made in writing within twenty (20) days of the notice of denial. For all denied applications, the department shall, at the next legislative session, report to the senate and house of representatives transportation committees on such denied applications and the reason for the denials.
[49-402D, added 2012, ch. 253, sec. 2, p. 699; am. 2013, ch. 85, sec. 1, p. 207; am. 2020, ch. 268, sec. 2, p. 779; am. 2021, ch. 321, sec. 35, p. 978; am. 2024, ch. 187, sec. 2, p. 677; am. 2025, ch. 109, sec. 2, p. 571; am. 2025, ch. 132, sec. 2, p. 684; am. 2026, ch. 251, sec. 18, p. 1068.]
(1) As used in this section "rental fleet" means more than twenty-five (25) motor vehicles that are:
(a) Owned by a rental company;
(b) Offered for rental without a hired driver through a rental agreement; and
(c) Designated by the registered owner of the motor vehicle as a rental fleet vehicle at the time of registration.
(2)(a) On and after the effective date of this act, an owner that registers a motor vehicle, weighing sixteen thousand (16,000) pounds or less, under the provisions of chapter 4, title 49, Idaho Code, may obtain an alternative special registration card if the motor vehicle is owned by a rental company and maintained in the rental company’s rental fleet.
(b) Although annual registration shall be required for each fleet vehicle, the registration card issued under paragraph (a) of this subsection are valid for the life of the motor vehicle while the motor vehicle is maintained in the rental fleet.
(3) An owner that receives the alternative special registration card issued under this section shall renew the annual registration. If registration is not renewed, the registration shall be canceled.
(4) In addition to the registration fees collected under chapter 4, title 49, Idaho Code, the department shall also collect an additional two dollars ($2.00) for the initial registration for each vehicle registered under this section, which shall be deposited in the state highway account.
[49-402E, added 2015, ch. 90, sec. 1, p. 224; am. 2026, ch. 9, sec. 4, p. 69.]
No fee shall be charged for the registration or reregistration of a motor vehicle owned by a veteran who has established his rights to benefits under the provisions of Public Law 662, 79th Congress, as amended, and Public Law 187, 82nd Congress, as amended. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds, nor to any vehicle registered under section 49-434(5), Idaho Code. No fee shall be charged for the registration or reregistration of a motor vehicle owned by a veteran, who is at the time of the registration or reregistration receiving compensation from the veterans administration or in lieu thereof, from any of the armed forces of the United States, for one hundred percent (100%) service-connected disability or for any of the following specific disabilities: Loss or permanent loss of use of one (1) or both feet; loss or permanent loss of use of one (1) or both hands; loss of sight in both eyes or permanent impairment of vision in both eyes to the degree as to constitute virtual blindness. These provisions shall be considered applicable not only as to the vehicle originally purchased under this authorization, but also as to any vehicle subsequently purchased and owned by the same veteran, so long as the privilege shall not extend to more than one (1) vehicle at a time. Special license plates shall be issued for such a vehicle, identified by the inscription "D.V.", and a separate number series shall be used to further identify the license plates so issued. These license plates shall not be issued by the counties but shall be issued by the department. The plates shall be displayed in accordance with the procedure applicable to license plates set forth in section 49-428, Idaho Code. A vehicle displaying plates issued in accordance with the provisions of this section shall be afforded the same privileges specified in section 49-410(7), Idaho Code. Together with a license plate issued pursuant to this section the department shall issue a special placard pursuant to section 49-410(4), Idaho Code.
[49-403, added 1988, ch. 265, sec. 72, p. 608; am. 1992, ch. 35, sec. 11, p. 116; am. 1992, ch. 261, sec. 3, p. 760; am. 1999, ch. 309, sec. 1, p. 768; am. 2000, ch. 87, sec. 3, p. 192; am. 2023, ch. 16, sec. 1, p. 120.]
(1) Purple heart recipient license plates are available to any applicant who is a veteran or an active or retired member of any of the armed forces of the United States, reserve forces, or Idaho national guard and who furnishes proof of entitlement by providing one (1) of the following documents:
(a) A copy of form DD214 or equivalent document showing an award of the purple heart medal;
(b) A copy of the certificate presented with the medal; or
(c) A copy of the military order describing the award of the medal to the applicant.
(2) The applicant shall be charged the regular registration fee but shall not be charged the plate fee required in section 49-450, Idaho Code. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the registration shall expire, but the purple heart recipient may transfer his plates to another vehicle upon payment of the required transfer fees. He may display the plates only after receipt of new registration from the department. A purple heart recipient may register multiple vehicles under the provisions of this section. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds, nor to any vehicle registered under section 49-434(5), Idaho Code.
(3) Purple heart recipient license plates may be retained and displayed on vehicles owned by the surviving spouse of a deceased purple heart recipient. In addition, the surviving spouse of a deceased purple heart recipient is eligible to reapply for and shall be issued purple heart recipient license plates if the deceased purple heart recipient died on or after January 1 of the five (5) years preceding the date of reapplication for the plates. Such plates shall be used on a vehicle owned by the surviving spouse.
(4) The purple heart recipient license plates shall be of a color and design acceptable to the military order of the purple heart association and approved by the department, utilizing a numbering system as determined by the department.
(5) Effective January 1, 2015, for those purple heart recipients who are listed as an owner of the vehicle who also qualify as disabled pursuant to section 49-410, Idaho Code, the international accessible symbol will also appear on the purple heart license plates. Such requirements must be met upon application for the license plates. Those plates with the disability symbol shall be nontransferable to a surviving spouse, unless the requirements of section 49-410, Idaho Code, can be met by the spouse.
(6) A purple heart recipient who qualifies for a disabled veteran fee exemption under section 49-403, Idaho Code, shall have a choice between a purple heart recipient license plate or a disabled veteran license plate and shall not be charged a plate fee or a fee for registration or reregistration of the motor vehicle. The provisions of this subsection shall apply to the vehicle originally purchased under this authorization and also to any vehicle subsequently purchased and owned by the same veteran. The privilege shall not extend to more than one (1) vehicle owned by the veteran at a time.
[49-403A, added 1991, ch. 20, sec. 1, p. 43; am. 1992, ch. 26, sec. 1, p. 81; am. 1992, ch. 261, sec. 4, p. 760; am. 1998, ch. 329, sec. 1, p. 1061; am. 2000, ch. 37, sec. 1, p. 66; am. 2000, ch. 87, sec. 4, p. 193; am. 2014, ch. 51, sec. 1, p. 127; am. 2018, ch. 43, sec. 1, p. 107; am. 2021, ch. 148, sec. 1, p. 400; am. 2024, ch. 83, sec. 1, p. 379.]
(1) In this section:
(a) "Qualifying cause of death" means a death of a person while serving in the armed forces of the United States on active duty as the division of veterans services may define by rule.
(b) "Qualifying family member" means a surviving spouse, parent, stepparent, child, stepchild, sibling, half-sibling, stepsibling, grandparent, or legal guardian:
(i) Of a person who died due to a qualifying cause of death; or
(ii) Who has been awarded a gold star lapel pin.
(2) Qualifying family members are eligible to apply for gold star license plates. As proof of eligibility, the applicant shall furnish to the department a statement from the division of veterans services certifying eligibility.
(3) The division of veterans services shall establish by rule the requirements for receipt of a certificate of eligibility, including proof of qualifying familial relationship to the deceased service member, the death of the service member due to a qualifying cause of death, or proof of having been awarded a gold star lapel pin.
(4) No special plate program fee shall be charged in addition to regular registration or renewal of registration of a motor vehicle owned by the spouse, parent, or stepparent of a service member who receives gold star license plates.
(5) A qualifying family member who is not the spouse, parent, or stepparent shall be charged the regular registration fee and plate fee required in section 49-450, Idaho Code, and an additional fee of thirty-five dollars ($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this gold star license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited in the veterans support fund, section 65-209, Idaho Code, and shall be used to defray the costs of administration of the eligibility certification program and to provide programs to support veterans.
(6) Gold star license plates shall be used only on a motor vehicle owned by the qualifying family member.
(7) Whenever title or interest in a motor vehicle registered under this section is transferred or assigned, the registration shall expire, but the qualifying family member may transfer the gold star license plates to another motor vehicle upon payment of the required transfer fees. The qualifying family member may display the gold star license plates only after receipt of new registration from the department.
(8) A qualifying family member shall not register more than two (2) motor vehicles under this section. This section shall not apply to any motor vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds, nor to any vehicle registered under section 49-434(5), Idaho Code.
(9) Gold star license plates may be retained and displayed on motor vehicles owned by the surviving spouse of a qualifying family member. In addition, the surviving spouse is eligible to reapply for and shall be issued gold star license plates if the deceased qualifying family member died on or after January 1 of the five (5) years preceding the date of reapplication for the gold star license plates. Such plates shall be used only on a motor vehicle owned by the surviving spouse of the qualifying family member.
(10) The gold star license plates shall be of a color and design acceptable to the veterans affairs commission and approved by the department, utilizing a numbering system as determined by the department. Gold star license plates shall not be subject to discontinuance pursuant to section 49-402C(6), Idaho Code.
[49-403B, added 2009, ch. 213, sec. 1, p. 672; am. 2022, ch. 157, sec. 1, p. 544.]
(1) On and after January 1, 2015, any person who is the owner of a motorcycle registered under the provisions of section 49-402, Idaho Code, may apply for and upon department approval receive a purple heart motorcycle license plate in lieu of a regular motorcycle license plate.
(2) Purple heart recipient license plates are available to any applicant who is a veteran or an active or retired member of any of the armed forces of the United States, reserve forces or Idaho national guard, and who furnishes proof of entitlement by providing one (1) of the following documents:
(a) A copy of form DD214 or equivalent document showing an award of the purple heart medal;
(b) A copy of the certificate presented with the medal; or
(c) A copy of the military order describing the award of the medal to the applicant.
(3) In addition to the regular registration fee, the applicant shall be charged the plate fee required in section 49-450, Idaho Code. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the registration shall expire, but the purple heart recipient may transfer his plates to another vehicle upon payment of the required transfer fees. He may display the plates only after receipt of new registration from the department. A purple heart recipient may register multiple vehicles under the provisions of this section.
(4) Purple heart recipient license plates may be retained and displayed on vehicles owned by the surviving spouse of a deceased purple heart recipient. In addition, the surviving spouse of a deceased purple heart recipient is eligible to reapply for and shall be issued purple heart recipient motorcycle license plates if the deceased purple heart recipient died on or after January 1 of the five (5) years preceding the date of reapplication for the plates. Such plates shall be used on a motorcycle owned by the surviving spouse.
(5) The purple heart recipient motorcycle license plates shall be of a color and design acceptable to the military order of the purple heart association and approved by the department, utilizing a numbering system as determined by the department.
(6) For those purple heart recipients who are listed as an owner of a motorcycle who also qualify as disabled pursuant to section 49-410, Idaho Code, the international accessible symbol will also appear on the purple heart motorcycle license plates. Such requirements must be met upon application for the motorcycle license plates. Those plates with the disability symbol shall be nontransferable to a surviving spouse, unless the requirements of section 49-410, Idaho Code, can be met by the spouse.
[49-403C, added 2014, ch. 51, sec. 2, p. 128; am. 2021, ch. 148, sec. 2, p. 401.]
(1) In order to enhance visibility and identification of national guard members during mobilizations and emergencies, any active member of the Idaho national guard residing in the state of Idaho may, upon application to the department, register not more than two (2) motor vehicles and receive for each vehicle distinctive national guard license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The national guard license plates shall be designed, subject to the approval of the department, by the adjutant general. Proof of being an active member in the Idaho national guard must be furnished to the department before plates will be issued.
The Idaho national guard shall, prior to an individual’s discharge from active duty in the national guard, require that the national guard license plates either be turned in to the department or exchanged for other proper license plates as a condition of discharge.
(2) Whenever a member of the Idaho national guard transfers or assigns his title or interest to a vehicle especially registered under the provisions of this section, the registration shall expire but the member may hold his national guard license plates which he may have reissued to him upon the payment of the required transfer fees. He may only display the plates after receipt of new registration from the department.
(3) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the national guard member shall pay the plate fee specified in section 49-450, Idaho Code.
[49-404, added 1988, ch. 265, sec. 73, p. 609; am. 1992, ch. 261, sec. 5, p. 761; am. 1993, ch. 135, sec. 3, p. 334; am. 1998, ch. 113, sec. 1, p. 418; am. 2000, ch. 87, sec. 5, p. 193.]
(1) Any active member of the armed forces reserves of the United States who is the owner of a vehicle registered under section 49-402(1) or section 49-434(1), Idaho Code, may, upon application to the department, register not more than two (2) motor vehicles and receive for each vehicle special license plates in lieu of regular numbered plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The special license plates shall be designated by the department with the word "RESERVIST" centered along the bottom edge and be numbered in sets of two (2) with a different number following appropriate letters as follows: United States Army Reserve: Army (number); United States Navy Reserve: Navy (number); United States Marine Corps Reserve: USMC (number); United States Air Force Reserve: USAF (number); and United States Coast Guard Reserve: USCG (number). Proof of being an active member in the United States armed forces reserves must be furnished to the department before special plates will be issued. Special license plates issued under this section shall be issued under the staggered registration process provided for in section 49-402(1), Idaho Code, or the annual registration in section 49-434(1), Idaho Code.
(2) Any branch of the armed forces reserves of the United States shall, prior to an individual’s discharge from duty in that branch of the armed forces reserve, require that the special armed forces reserve license plates either be turned back to the department or exchanged for other proper license plates as a condition of discharge.
(3) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee specified in section 49-402, Idaho Code. The initial program fee and the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program which is provided to the public as a personal alternative to the standard license plate requirement. When a plate holder transfers or assigns his title or interest in the vehicle registered under this section, the registration shall expire, but the special plates may be transferred to another vehicle upon payment of the required transfer fee. Special plates shall only be displayed after receipt of the new registration.
(4) The design and numbering scheme of the military reservist special plate shall be coordinated by the department with representatives of the armed forces reserves. However, the department shall have the final approval of the plate design and numbering scheme to ensure conformity within existing issues of plates and to contain costs within the limit of the fees received from applicants.
[49-404A, added 1991, ch. 113, sec. 1, p. 240; am. 1992, ch. 261, sec. 6, p. 762; am. 1997, ch. 129, sec. 2, p. 385; am. 1998, ch. 113, sec. 2, p. 418; am. 1999, ch. 316, sec. 3, p. 793; am. 2000, ch. 87, sec. 6, p. 194.]
(1) In order to enhance visibility and identification of radio amateurs during times of emergency, any radio amateur residing in the state of Idaho may, upon application to the department, register one (1) motor vehicle per radio license issued by the federal government and receive for that vehicle special license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The number on the plates shall be the same combination of figures and letters that make up the radio call sign of the amateur radio operator.
(2) The radio amateur license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The distinguishing features of the license plate shall be:
(a) A representation of a radio tower emitting radio waves in the form of lightning bolts with the phrase "Amateur Radio" beneath it;
(b) The phrase "CQ DE" spelled out in international Morse code; and
(c) The phrase "Emergency Communication" at the bottom of the plate and underneath the call sign.
(3) The design and any slogan on the plate shall be acceptable to the Idaho section of the American radio relay league. Any future design or redesign of the plate shall also be approved by the Idaho section of the American radio relay league. Initial costs of the plate program, including costs of plate design, shall be borne by the department.
(4) Proof of holding an amateur license from the federal communications commission must be furnished to the department before the plates will be issued. Should the amateur’s radio license expire during any given year and not be renewed, the special license plates must be surrendered to the department and regular license plates obtained.
(5) Radio amateurs will notify the department at a time to be set by the department of their intention to procure special license plates under the terms specified in this section. Failure to do so will result in the amateur being required to accept regular license plates should the department be unable to procure the special plates. Special plates may still be procured when available, but amateurs will be subject to the usual transfer fee.
(6) Whenever an amateur transfers or assigns his title or interest to a vehicle especially registered, the registration shall expire but the amateur may hold his special license plates, which he may have reissued to him upon the payment of the required transfer fees. He may display the plates only after receipt of new registration from the department.
(7) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the plate fee specified in section 49-450, Idaho Code.
[49-405, added 1988, ch. 265, sec. 74, p. 610; am. 1992, ch. 261, sec. 7, p. 763; am. 1994, ch. 278, sec. 1, p. 866; am. 1998, ch. 113, sec. 3, p. 419; am. 2000, ch. 87, sec. 7, p. 195; am. 2023, ch. 29, sec. 1, p. 147.]
(1) Any motor vehicle manufactured prior to January 1, 1943, that is maintained to its original likeness using original-type parts and materials, without major modifications shall be known as an "Idaho Old Timer." Any motor vehicle which is altered from its original design is not an "Idaho Old Timer" as herein defined.
(2) Any motor vehicle which qualifies as an "Idaho Old Timer" shall be used for exhibits, parades, tours, club activities and such occasional use as is necessary for operation and maintenance of the vehicle, and shall not be used for business or commercial purposes or as customary and usual transportation.
(3) Applicants for a special "Idaho Old Timer" license plate shall pay an initial program fee of twenty-five dollars ($25.00) and the license plate fee required in section 49-450, Idaho Code, for each "Idaho Old Timer" plate which shall be displayed on the rear of the vehicle. The initial program fee shall be deposited in the state highway account, and the plate manufacturing fee shall be deposited in the plate manufacturing account.
(4) The reissue of license plates as specified in section 49-443(2), Idaho Code, shall not be required unless there is a general consensus among the majority of plate holders that a new plate design is needed. Representatives of the plate holders shall make the request known to the department. The cost of manufacturing a new design will be set by the department based upon the cost of manufacturing supplies and administering the reissue. The equivalent cost of each plate will be charged to each plate holder who purchases the new plate. If a new plate design is authorized, the design and color shall be approved by representatives of the interest group. The design, color and numbering scheme shall also be subject to approval of the department. The existing plate design will be canceled and all plate holders, present and future shall purchase and display the new plate.
(5) An applicant for the special "Idaho Old Timer" plate shall execute an affidavit on a form provided by the department that the vehicle qualifies as an old timer and shall only be used for the purposes allowed.
The department shall have the authority to refuse to issue a plate and may demand the return of such plate if the applicant has failed to comply with the provisions of this section.
(6) If an "Idaho Old Timer" is to be used as customary and usual transportation, or for business or commercial purposes, the owner shall register the vehicle under the provisions of section 49-402, or section 49-434, Idaho Code, as applicable, and shall obtain and display the standard issue of license plates after payment of the plate fee required in section 49-450, Idaho Code. It shall be permissible to display both the standard issue of plates and the special "Idaho Old Timer" plate.
(7) Whenever title or interest in an Old Timer vehicle is transferred or assigned, the transferor may retain the plates for use on another vehicle which qualifies by providing the information required in subsection (5) of this section and by paying the required transfer fee. If the vehicle is also registered under the provisions of section 49-402 or section 49-434, Idaho Code, the provisions of section 49-431, Idaho Code, relating to the procedure for assignment and transfer of interest, shall apply.
[49-406, added 1993, ch. 99, sec. 3, p. 250; am. 1994, ch. 313, sec. 1, p. 996; am. 1995, ch. 109, sec. 1, p. 342; am. 1997, ch. 129, sec. 3, p. 385; am. 2026, ch. 84, sec. 11, p. 447.]
(1) Any motor vehicle or motorcycle which is at least thirty (30) years old that does not qualify as an "Idaho Old Timer" and that is maintained to its original likeness using original-type parts and materials, without major modifications shall be known as an "Idaho Classic." Any motor vehicle which is altered from its original design is not an "Idaho Classic" as herein defined.
(2) Any motor vehicle or motorcycle which qualifies as an "Idaho Classic" shall be used for exhibits, parades, tours, club activities and such occasional use as is necessary for operation and maintenance of the vehicle, and shall not be used for business or commercial purposes or as customary and usual transportation.
(3) Applicants for a special "Idaho Classic" license plate shall pay an initial program fee of twenty-five dollars ($25.00) and the license plate fee required in section 49-450, Idaho Code, for each Idaho classic plate which shall be displayed on the rear of the vehicle. The initial program fee shall be deposited in the state highway account, and the plate manufacturing fee shall be deposited in the plate manufacturing account.
(4) The reissue of license plates as specified in section 49-443(2), Idaho Code, shall not be required unless there is a general consensus among the majority of plate holders that a new plate design is needed. Representatives of the plate holders shall make the request known to the department. The cost of manufacturing a new design will be set by the department based upon the cost of manufacturing supplies and administering the reissue. The equivalent cost of each plate will be charged to each plate holder who purchases the new plate. If a new plate design is authorized, the design and color shall be approved by representatives of the interest group. The design, color and numbering scheme shall also be subject to the approval of the department. The existing plate design will be canceled and all plate holders, present and future shall purchase and display the new plate.
(5) An applicant for the special "Idaho Classic" plate shall execute an affidavit on a form provided by the department that the vehicle or motorcycle qualifies as an "Idaho Classic" and shall only be used for the purposes allowed.
The department shall have the authority to refuse to issue the plate and may demand the return of such plate if the applicant has failed to comply with the provisions of this section.
(6) If an "Idaho Classic" is to be used as customary and usual transportation, or for business or commercial purposes, the owner shall register the vehicle under the provisions of section 49-402, or section 49-434, Idaho Code, as applicable, and shall obtain and display the standard issue of license plates after payment of the plate fee required in section 49-450, Idaho Code. It shall be permissible to display both the standard issue of plates and the "Idaho Classic" plate.
(7) Whenever title or interest in an Idaho classic motor vehicle or motorcycle is transferred or assigned, the transferor may retain the special plate for use on another vehicle which qualifies by providing the information required in subsection (5) of this section and by paying the required transfer fee. If the vehicle is also registered under the provisions of section 49-402 or section 49-434, Idaho Code, the provisions of section 49-431, Idaho Code, relating to the procedure for assignment and transfer of interest, shall apply.
[49-406A, added 1993, ch. 99, sec. 5, p. 251; am. 1994, ch. 313, sec. 2, p. 997; am. 1995, ch. 109, sec. 2, p. 344; am. 1997, ch. 129, sec. 4, p. 387; am. 2026, ch. 84, sec. 12, p. 448.]
Pursuant to rules of the department, any person who is the owner of a motor vehicle with any model year up to and through 1974 which is registered under section 49-402(1), Idaho Code, or section 49-434(1), Idaho Code, may display on the rear of the vehicle an authentic Idaho plate manufactured with a painted or embossed year matching the model year of the vehicle. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
In addition to the regular registration fees required in sections 49-402(1), and 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee specified in section 49-402, Idaho Code. All revenues from the initial program fee and the annual program fee shall be deposited in the state highway account.
[49-407, added 1988, ch. 265, sec. 76, p. 612; am. 1992, ch. 261, sec. 10, p. 765; am. 1997, ch. 129, sec. 5, p. 389; am. 1998, ch. 113, sec. 4, p. 420; am. 1999, ch. 316, sec. 4, p. 793; am. 2000, ch. 87, sec. 8, p. 196; am. 2001, ch. 73, sec. 2, p. 156.]
(1) Any motor vehicle manufactured prior to the year 1949, or designed and manufactured to resemble such a vehicle and which has been certified as a street rod may be registered as a street rod under the provisions of this section. However, the provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
(2) Any street rod shall have all equipment in operating condition which was specifically required by law as a condition for its first sale after manufacture. No law requiring any particular equipment or specifying any standards to be met by motor vehicles shall apply to street rods unless it so specifically states.
(3) Upon receipt of an application on a form prescribed by the department for a special street rod automobile plate, accompanied by other documentation required in this section, the department shall issue to the applicant a special street rod automobile plate which shall be displayed on the rear of the vehicle. The registration certificate need not specify the weight of the street rod, and the plate issued shall bear no date but shall bear the inscription "Street Rod," "Idaho," a picture of a 1929 highway roadster, and the registration number issued for the street rod, and the plate shall be valid upon annual renewal under section 49-402 or 49-434(1), Idaho Code, as long as the vehicle is in existence. The plate will be issued for the applicant’s use only for the particular vehicle, and in the event of a transfer of title, the transferor may hold the plate and transfer it to another qualifying street rod.
(4) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee specified in section 49-402, Idaho Code. All revenues from the initial program fee and the annual program fee shall be deposited in the state highway account.
(5) The department has the power to revoke any registration issued under this section for cause shown for failure of the applicant to comply with the provisions of this section.
[49-408, added 1988, ch. 265, sec. 77, p. 612; am. 1990, ch. 176, sec. 2, p. 375; am. 1992, ch. 261, sec. 11, p. 765; am. 1997, ch. 129, sec. 6, p. 389; am. 1998, ch. 113, sec. 5, p. 420; am. 1999, ch. 316, sec. 5, p. 794; am. 2000, ch. 87, sec. 9, p. 196; am. 2001, ch. 73, sec. 3, p. 156.]
(1) Any motor vehicle that is a replica vehicle pursuant to section 49-123(2)(n), Idaho Code, and is designed and manufactured to resemble a vehicle or motorcycle that would qualify for Idaho classic license plates pursuant to section 49-406A, Idaho Code, may be registered as a custom vehicle under the provisions of this section. The provisions of this section do not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
(2) A vehicle must be in compliance with Idaho law with respect to its equipment and operating condition to qualify for a custom vehicle license plate under this section.
(3) Upon receipt of an application on a form prescribed by the department for a custom vehicle license plate, accompanied by other documentation that may be required to verify that a vehicle qualifies under this section, the department shall issue to the applicant a custom vehicle license plate that shall be displayed on the rear of the vehicle. The registration certificate need not specify the weight of the custom vehicle. The license plate issued shall bear no date but shall bear the inscription "Custom Vehicle," "Idaho," and the registration number issued for the custom vehicle, and the license plate shall be valid upon annual renewal under section 49-402 or 49-434(1), Idaho Code, as long as the vehicle is in existence. The license plate will be issued for the applicant’s use only for the particular vehicle, and, in the event of a transfer of title, the transferor may hold the license plate and transfer it to another qualifying custom vehicle.
(4) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee specified in section 49-402, Idaho Code. All revenues from the initial program fee and the annual program fee shall be deposited in the state highway account.
(5) The department has the power to revoke any registration issued under this section for cause shown for failure of the applicant to comply with the provisions of this section.
[49-408A, added 2021, ch. 200, sec. 1, p. 549.]
(1) Any person who is the owner of a vehicle registered under section 49-402 or 49-434(1), Idaho Code, may apply to the department for personalized license plates in lieu of regular numbered plates except that this provision shall not apply to a vehicle registered under section 49-434(1), Idaho Code, with a maximum gross weight over twenty-six thousand (26,000) pounds or any vehicle registered under section 49-435, Idaho Code. In addition to the regular registration fees required in section 49-402(1) and (2), section 49-422, and section 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee specified in section 49-402, Idaho Code. All revenues from the initial program fee and the annual program fee shall be deposited in the state highway account. The personalized license plates shall be of the same color and design as other license plates, and shall consist of numbers or letters, or any combination thereof, not exceeding seven (7) positions. No more than one (1) particular combination of letters and numbers shall be in existence at any one (1) time. The form for application of the plates will be as prescribed by the director who, at his discretion, may refuse to issue the plates.
(2) When personalized license plates are issued for a vehicle, the regular license plates for that vehicle belong to the registrant and may be transferred to another vehicle owned by the personalized plate applicant.
[49-409, added 1988, ch. 265, sec. 78, p. 613; am. 1989, ch. 259, sec. 1, p. 635; am. 1992, ch. 261, sec. 12, p. 766; am. 1997, ch. 129, sec. 7, p. 390; am. 1998, ch. 113, sec. 6, p. 421; am. 1999, ch. 316, sec. 6, p. 794; am. 2000, ch. 87, sec. 10, p. 197; am. 2001, ch. 73, sec. 4, p. 157.]
(1) Any person with a disability as defined in section 49-117, Idaho Code, or any parent or guardian of a dependent child with a disability as defined in section 49-117, Idaho Code, without regard to the age of the dependent child, shall be eligible for the use of special license plates bearing the international accessible symbol, for any vehicle owned by such person or owned by a qualified parent or guardian, but excluding any commercial vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The parking privileges granted under the provisions of subsection (7) of this section shall apply to any vehicle displaying special license plates or placard issued pursuant to this section.
(2) Registration and license plate fees for vehicles owned by a person with a disability or qualified parent or guardian of a dependent child with a disability shall be as provided, respectively, in sections 49-402, 49-434(1) and 49-450, Idaho Code. Nothing in this section shall be construed as abrogating provisions of section 49-445, Idaho Code. The use of the special placard issued under the provisions of subsection (4) of this section, shall not exempt the owner of a motor vehicle from otherwise properly registering and licensing the motor vehicle.
(3) Special license plates for persons with a disability and for the parent or guardian of a dependent child with a disability shall be the same size and color as other license plates, and shall have displayed upon them the registration numbers assigned to the vehicle and to the owner. The plates shall be numbered in a manner prescribed by the department, but the plates shall display the international accessible symbol.
International Accessible Symbol
(4) The department shall issue a special placard bearing the international accessible symbol and other information the department may require to:
(a) Any qualified person with a disability who does not own a motor vehicle;
(b) Any qualified person with a disability who owns a motor vehicle, without regard to weight or use of the vehicle;
(c) Any parent or guardian of a dependent child with a disability who owns a motor vehicle without regard to weight or use of the vehicle;
(d) Any business entity that is engaged in transportation of persons with a disability, which business shall not be required to submit a physician’s certification. In addition to other application requirements, a business applicant shall sign a declaration that he is engaged in the transportation of persons with a disability. A business entity may include but not be limited to hospitals, nursing homes, federal, state and local governmental agencies and taxicabs; and
(e) Any recipient of a disabled veteran license plate pursuant to section 49-403, Idaho Code.
(5) Any person or business issued a special placard shall affix the special placard to a motor vehicle in a conspicuous place designated by the department. The placard shall bear distinguishing marks, letters or numerals indicating the vehicle is utilized by a permanently disabled person. When the placard is affixed to a motor vehicle and the motor vehicle is transporting a person with a disability, special parking privileges are granted as provided in subsection (7) of this section.
(6) Application for special license plates, a special placard, or both as applicable and at the option of the applicant, shall be made upon a form furnished by the department and shall include a written certification by a licensed physician, licensed physician assistant, or licensed advanced practice professional nurse verifying that the applicant’s stated impairment qualifies as a disability according to the provisions of section 49-117, Idaho Code.
(7) Any motor vehicle displaying special license plates for a person with a disability, without regard to the state of residence or displaying the special placard provided in subsections (4) and (8) of this section, shall be allowed to park for unlimited periods of time in parking zones or areas that are otherwise restricted as to the length of time parking is permitted, to park in spaces and zones designated for persons with a disability, and to park in any public parking space with metered parking without being required to pay any parking meter fee. The provisions of this subsection shall not be applicable to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles, to areas where vehicular parking is prohibited for periods in excess of forty-eight (48) hours, or to areas where parking is prohibited for certain periods of time in order to allow snow removal, street construction or maintenance or for other emergency purposes. Nothing herein shall prohibit the designation of parking spaces for use by disabled persons for unlimited periods of time.
(8) Any person who shall submit satisfactory proof to the department that he is so temporarily disabled as defined in section 49-117(7)(b), Idaho Code, shall be entitled to receive for one (1) motor vehicle only, a special placard to be affixed to a motor vehicle in a conspicuous place designated by the department, bearing distinguishing marks, letters or numerals indicating that the vehicle is utilized by a temporarily disabled person. This special temporary placard shall be valid between one (1) and six (6) months depending on the written authorization of the licensed physician, licensed physician assistant, or licensed advanced practice professional nurse and as specified by the department on the placard.
(9) Any use of the plate or placard by any person other than those meeting the definition of disability under section 49-117(7)(b), Idaho Code, or as otherwise authorized by this section, to obtain parking shall constitute an infraction punishable by a fine of one hundred dollars ($100).
(10) Any person who unlawfully possesses, sells, copies, duplicates, distributes, or manufactures or aids and abets in the unlawful possession, sale, copying, duplicating, distributing or manufacturing of a special plate or placard is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for a period not to exceed thirty (30) days or by both. The court shall also impose as a term of the sentence a period not to exceed forty (40) hours of community service provided to a nonprofit organization which serves people with disabilities. The unlawfully obtained special plate or placard shall be subject to confiscation by law enforcement officials. Following conviction or dismissal, the special plate or placard confiscated by law enforcement shall be sent to the department.
Law enforcement officials and/or their designees as authorized by a city or county shall enforce the provisions of subsections (1) through (9) of this section and are empowered, using reasonable discretion, to check personal identification to determine if the user of the plate or placard is authorized to use accessible parking privileges. Any fines collected shall be retained by the city or county whose law enforcement official issued the citation.
[49-410, added 1988, ch. 265, sec. 79, p. 613; am. 1989, ch. 310, sec. 15, p. 789; am. 1990, ch. 159, sec. 1, p. 346; am. 1992, ch. 35, sec. 12, p. 117; am. 1994, ch. 264, sec. 4, p. 818; am. 1995, ch. 246, sec. 1, p. 815; am. 1998, ch. 113, sec. 7, p. 422; am. 1999, ch. 309, sec. 2, p. 768; am. 2000, ch. 32, sec. 1, p. 59; am. 2000, ch. 87, sec. 11, p. 197; am. 2003, ch. 162, sec. 2, p. 457; am. 2023, ch. 16, sec. 2, p. 121.]
(1) Any person conducting the business of manufacturing, buying, selling or dealing in vehicles, and licensed as a manufacturer of or a dealer in vehicles, and owning and operating any such vehicle upon any highway may, in lieu of registering each vehicle, obtain from the department upon application on the proper form and payment of the required fee, and attach to each vehicle, one (1) number plate as required for different classes of vehicles in section 49-434, Idaho Code. The special number plate shall bear a distinctive number assigned to the manufacturer or dealer, the name of this state, which may be abbreviated, and the year for which the plate is issued, together with words which may be abbreviated or a distinguishing symbol indicating that the plate is issued to a manufacturer or dealer.
(a) Dealer license plates shall be limited to two (2) license plates for up to twenty (20) vehicles sold during the previous dealer licensing period and one (1) license plate for each ten (10) additional vehicles sold during the previous dealer licensing period. Any new dealer who applies for a dealer license shall be eligible for the number of dealer plates requested based on the number of vehicles that the dealer estimates he will sell during the first year of licensure.
(b) Upon renewal of a dealer’s license, the department may audit vehicle sales from previous years to determine the number of dealer plates that will be authorized for the current dealer licensing period.
(2) The fee to validate a dealer or manufacturer number plate shall be twelve dollars ($12.00).
(3) All such fees shall be paid to the state treasurer and deposited to the state highway account.
(4) Laden dealer or manufacturer plates shall be available to licensed dealers and manufacturers operating vehicles with laden loads in furtherance of their business pursuant to section 49-1627(5), Idaho Code. Such plates shall be exempt from the limit provisions of subsection (1)(a) of this section. The operating fee for a laden dealer or manufacturer plate will be equal to the fees for commercial vehicles pursuant to section 49-434(1), Idaho Code, for twenty-six thousand (26,000) pounds. Laden dealer and manufacturer plates are limited to a maximum combined gross vehicle weight of twenty-six thousand (26,000) pounds. Temporary weight increase permits may be purchased pursuant to section 49-432(2), Idaho Code.
[49-411, added 1988, ch. 265, sec. 80, p. 615; am. 1994, ch. 246, sec. 1, p. 767; am. 1998, ch. 156, sec. 1, p. 533; am. 2001, ch. 73, sec. 5, p. 157; am. 2003, ch. 125, sec. 1, p. 375; am. 2011, ch. 72, sec. 1, p. 152; am. 2026, ch. 9, sec. 5, p. 69.]
(1) A dealer, owning a vehicle may obtain, upon application to the department upon a proper form and payment of the fee required, and display on a vehicle loaned to a customer, a loaner vehicle number plate. The plate shall be the same design and numbering system as the plate issued for passenger vehicles or motorcycles.
(2) The fee for each loaner plate or registration card shall be as provided in section 49-402(1), Idaho Code, for new vehicles.
(3) All such fees shall be paid to the state treasurer and deposited to the state highway account.
[49-412, added 1988, ch. 265, sec. 81, p. 616; am. 1994, ch. 246, sec. 2, p. 767; am. 2026, ch. 9, sec. 6, p. 70.]
(1) Special legislative license plates shall be issued by the department upon application and payment of the required fees. Each legislator is eligible to register and receive special license plates for one (1) vehicle whose registered maximum gross weight does not exceed twenty-six thousand (26,000) pounds. The registration period shall be for one (1) year, from January 1 through December 31, and may be renewed, as long as the legislator holds office. The plates shall bear either the inscription "House" or "Senate," shall contain a consecutive numbering from one (1) through the maximum number of members in each body with the numbers to be assigned by the speaker of the house of representatives and the president pro tempore of the senate, and shall otherwise comply with the provisions of section 49-443, Idaho Code.
(2) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee as specified in section 49-402, Idaho Code. All revenues from the initial program fee and the annual program fee shall be deposited in the state highway account.
[49-414, added 1988, ch. 265, sec. 82, p. 616; am. 1992, ch. 261, sec. 13, p. 766; am. 1997, ch. 129, sec. 8, p. 390; am. 1998, ch. 113, sec. 8, p. 424; am. 1999, ch. 316, sec. 7, p. 795; am. 2000, ch. 87, sec. 12, p. 199; am. 2001, ch. 73, sec. 6, p. 158.]
(1) Any veteran, who was a prisoner of war (POW) of an armed enemy of the United States during active service in the armed forces of the United States, that service occurring during any portion of a recognized war period enumerated in this section, and who has been released or discharged from the armed forces under other than dishonorable conditions, may upon application to the department, register and receive for not more than two (2) motor vehicles, special former prisoner of war license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
(2) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the plate fee required in section 49-450, Idaho Code. Whenever a former prisoner of war transfers or assigns his title or interest to a vehicle registered under this section the registration shall expire, but the former prisoner of war may hold the special plates and may have them transferred to another vehicle upon payment of the required transfer fee provided in section 49-431, Idaho Code. He may only display the plates after receipt of the new registration document from the department.
(3) Former prisoner of war license plates shall bear the words "Former Prisoner of War" and a declaration of the period of service, and shall in all other respects be as provided by law.
(4) Recognized war periods for the purpose of this section shall be any period of war recognized by the United States department of veterans affairs for the purpose of awarding federal veterans benefits as may be defined in title 38, U.S. code, chapter 1, section 101(11).
(5) Former prisoner of war license plates may be retained and displayed on vehicles owned by the surviving spouse of a deceased former prisoner of war. In addition, the surviving spouse of the deceased former prisoner of war is eligible to reapply for and shall be issued former prisoner of war license plates if the deceased former prisoner of war died on or after January 1 of the five (5) years preceding the date of reapplication for the plates. Such plates shall be used on a vehicle owned by the surviving spouse.
[49-415, added 1988, ch. 265, sec. 83, p. 616; am. 1991, ch. 219, sec. 2, p. 524; am. 1992, ch. 23, sec. 1, p. 71; am. 1992, ch. 261, sec. 14, p. 767; am. 1998, ch. 113, sec. 9, p. 424; am. 2000, ch. 37, sec. 2, p. 67; am. 2000, ch. 87, sec. 13, p. 199.]
(1) Congressional medal of honor license plates are available to applicants who furnish proof of entitlement by certification from the United States Veterans Administration attesting to their status as a congressional medal of honor recipient.
(2) The license plates shall be provided free of charge. The applicant shall pay the regular annual registration fees required by section 49-402 or 49-434(1), Idaho Code. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. If the plate holder transfers his title or interest to a vehicle registered under this section, the plates may be transferred to another vehicle owned by the plate holder. If the plates are unexpired, the plate holder shall be given credit for the unexpired portion of the registration fee against the new registration fee. The transfer fee specified by section 49-431(1), Idaho Code, shall apply.
(3) These provisions shall apply to the vehicle to which the plates were originally issued and to any vehicle subsequently purchased and owned by the medal of honor recipient, except that the privilege shall not extend to more than two (2) vehicles at a time.
(4) Congressional medal of honor license plates may be retained and displayed on vehicles owned by the surviving spouse of a deceased congressional medal of honor recipient. In addition, the surviving spouse of a deceased congressional medal of honor recipient is eligible to reapply for and shall be issued congressional medal of honor license plates if the deceased congressional medal of honor recipient died on or after January 1 of the five (5) years preceding the date of reapplication for the plates. Such plates shall be used on a vehicle owned by the surviving spouse.
[49-415A, added 1989, ch. 271, sec. 1, p. 659; am. 1992, ch. 261, sec. 15, p. 767; am. 1998, ch. 113, sec. 10, p. 425; am. 2000, ch. 37, sec. 3, p. 68; am. 2000, ch. 87, sec. 14, p. 200.]
(1) Any veteran who was on active duty in the armed forces of the United States and assigned or stationed at Pearl Harbor, Hawaii, or within three (3) miles of the island of Oahu on December 7, 1941, and who has been released or discharged from the armed forces under other than dishonorable conditions, may upon application to the department, register and receive for not more than two (2) motor vehicles, special Pearl Harbor survivor number plates in lieu of regular number plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
(2) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall be charged the plate fee required in section 49-450, Idaho Code. Whenever a qualifying survivor of the Japanese attack on Pearl Harbor on December 7, 1941, transfers or assigns his title or interest to a vehicle especially registered under this section, the registration shall expire, but the Pearl Harbor survivor may hold his special plates which he may have reissued to him upon the payment of the required transfer fees. He may only display those plates after receipt of a new registration from the department.
(3) Pearl Harbor survivor plates shall bear the characters: "Pearl Harbor Survivor" and shall in all other respects be as provided by law.
(4) Pearl Harbor survivor license plates may be retained and displayed on vehicles owned by the surviving spouse of a deceased Pearl Harbor survivor veteran. In addition, the surviving spouse of a deceased Pearl Harbor survivor veteran is eligible to reapply for and shall be issued Pearl Harbor survivor license plates if the deceased Pearl Harbor survivor veteran died on or after January 1 of the five (5) years preceding the date of reapplication for the plates. Such plates shall be used on a vehicle owned by the surviving spouse.
[49-415B, added 1991, ch. 85, sec. 1, p. 190; am. 1992, ch. 26, sec. 2, p. 82; am. 1992, ch. 261, sec. 16, p. 768; am. 1998, ch. 113, sec. 11, p. 425; am. 2000, ch. 37, sec. 4, p. 68; am. 2000, ch. 87, sec. 15, p. 200.]
(1) On and after January 1, 2008, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive support our troops license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of support our troops license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer for deposit to the Idaho support our troops, inc.’s principal office located in Boise, Idaho, and shall be used by the Idaho support our troops, inc. as administrator of the funds, to provide support and assistance to the children, dependents and spouses of military service members and armed forces members of the army, navy, air force, marine corps, national guard, space force, coast guard and air national guard and reserves.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The support our troops license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be acceptable to the board of directors of the Idaho support our troops, inc. and shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho support our troops, inc.
(5) Sample support our troops license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho support our troops, inc.’s principal office located in Boise, Idaho, and shall be used to provide support and assistance to the children, dependents and spouses of military service members and armed forces members of the army, navy, air force, marine corps, national guard, space force, coast guard and air national guard and reserves.
[49-415D, added 2007, ch. 256, sec. 2, p. 762; am. 2024, ch. 266, sec. 2, p. 927.]
(1) Any person or business who is the owner of a trailer or semitrailer registered under the provisions of subsection (4)(a) of section 49-434, Idaho Code, may apply for and, upon department approval, may receive a special permanent or business logo license plate of the owner’s company.
(2) In addition to the registration fee required in section 49-434(4)(a), Idaho Code, an applicant for a business logo plate shall pay the estimated initial programming costs, which fees shall be deposited in the state highway account. The business logo plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code, and acceptable to the owner or business and shall be approved by the department and utilize a numbering system as determined by the department.
(3) Whenever title or interest in a trailer or semitrailer registered under the provisions of this section is transferred or reassigned, the plates issued pursuant to subsection (4)(a) of section 49-434, Idaho Code, are nontransferable and the registration fee is nonrefundable.
(4) The north America permanent trailer plate program shall be subject to the provisions of section 49-402C, Idaho Code.
(5) Any specific business logo plate program created under this section shall be discontinued if no plates are issued under the program for two (2) consecutive years after the year of implementation.
(6) Sample special permanent or business logo license plates may be purchased for a fee of thirty dollars ($30.00), which shall be placed in the state highway account.
[49-415G, added 2009, ch. 330, sec. 1, p. 942.]
(1) Statehood centennial license plates are available to owners of motor vehicles required to be registered under section 49-402(1) or section 49-434(1), Idaho Code, upon application at a county assessor’s office or at the department. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of statehood centennial plates for other classes of vehicle registrations shall be as authorized by rule of the department. In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee as specified in section 49-402, Idaho Code. All revenues from such initial registration and annual renewal fees shall be deposited in the highway distribution account.
(2) The statehood centennial license plates shall be of a color and design approved by the department, utilizing a numbering system approved by the board. The statehood centennial license plates must be surrendered upon failure to pay the annual special fee and renewal fees.
(3) Any person who applies for statehood centennial license plates, may also apply for personalized numbers and/or letters on those plates, as provided for in section 49-409, Idaho Code.
[49-416, added 1988, ch. 265, sec. 84, p. 617; am. 1990, ch. 385, sec. 1, p. 1062; am. 1991, ch. 205, sec. 1, p. 486; am. 1992, ch. 35, sec. 13, p. 118; am. 1992, ch. 261, sec. 17, p. 768; am. 1997, ch. 129, sec. 9, p. 391; am. 1998, ch. 113, sec. 12, p. 426; am. 1999, ch. 316, sec. 8, p. 795; am. 2000, ch. 87, sec. 16, p. 201.]
(1) Notwithstanding the provisions of section 49-402C, Idaho Code, on and after July 1, 2026, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special America250 license plates in lieu of regular license plates.
(2) The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of America250 license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.
(3) In addition to the regular registration fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of the administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the Idaho heritage trust.
(4) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(5) The America250 license plate shall have a red, white, and blue background and display the text "America250" centered on the bottom. The design shall be acceptable to the Idaho heritage trust and shall be approved by the department. Beginning January 1, 2027, the text "America250" shall no longer be required. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho heritage trust.
(6) Sample America250 license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho heritage trust.
[49-416A, added 2026, ch. 223, sec. 3, p. 998.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for any one (1) of three (3) Idaho wildlife special license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
(2) In addition to the regular operating fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited by the state treasurer in the fish and game set-aside account pursuant to section 36-111, Idaho Code, for use in the nongame wildlife program. This fee shall be treated as a contribution to the nongame wildlife program, and shall not be considered a motor vehicle registration fee as described in section 17, article VII, of the constitution of the state of Idaho.
(a) The fish and game commission shall designate one dollar and twenty-five cents ($1.25) of each initial fee and seventy-five cents (75¢) of each renewal fee from the elk wildlife special plate to the department of fish and game’s wildlife disease laboratory program to be used for testing, surveillance and detection of diseases that may affect wildlife including, but not limited to, chronic wasting disease.
(b) The state controller shall annually, by August 1 of each year, transfer an amount equivalent to one dollar and twenty-five cents ($1.25) of each initial elk wildlife special plate and seventy-five cents (75¢) of each renewal elk wildlife special plate sold in the prior fiscal year from the fish and game set-aside account to the department of agriculture’s livestock disease control fund to be used for testing, surveillance and detection of wildlife diseases and domestic livestock diseases that may affect wildlife including, but not limited to, brucellosis and chronic wasting disease.
(c) The state controller shall annually, by August 1 of each year, transfer an amount equivalent to two dollars and fifty cents ($2.50) of each initial cutthroat wildlife special plate and one dollar and twenty-five cents ($1.25) of each renewal cutthroat wildlife plate sold in the prior fiscal year from the fish and game set-aside account to the department of parks and recreation fund established in section 67-4225, Idaho Code, for the construction and maintenance of nonmotorized boating access facilities for anglers.
Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. He may only display the plates after receipt of new registration from the department.
(3) Each Idaho wildlife license plate shall be of a color and design acceptable to the board of directors of the Idaho fish and wildlife foundation and approved by the department, utilizing a numbering system as determined by the department. The Idaho fish and wildlife foundation is authorized to design more than one (1) wildlife plate, but the department may not allow more than three (3) different designs to be in use at any one (1) time. Initial costs of the plate program including costs of plate design shall be paid by the Idaho fish and wildlife foundation.
(4) Sample Idaho wildlife plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account to be used to fund the cost of administration of this special license plate program. Twenty dollars ($20.00) of the purchase fee shall be deposited in the fish and game set-aside account pursuant to section 36-111, Idaho Code, for use in the nongame wildlife program.
[49-417, added 1992, ch. 190, sec. 1, p. 593; am. 1998, ch. 113, sec. 13, p. 426; am. 1998, ch. 336, sec. 1, p. 1081; am. 1999, ch. 315, sec. 2, p. 784; am. 2000, ch. 87, sec. 17, p. 201; am. 2002, ch. 362, sec. 1, p. 1021.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for Idaho timber special license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
(2) In addition to the regular operating fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited by the state treasurer in the department of lands fund for use in reforestation activities on state lands, provided however, that prior to the beginning of any fiscal year, the state board of land commissioners may agree that funds made available under this section to the department of lands for the coming year would better further reforestation objectives of the management and conservation of forest resources on public and private lands in the state if expended for educational efforts set forth in this section.
Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. He may only display the plates after receipt of new registration from the department.
(3) The Idaho timber license plate shall be of a color and design acceptable to the members of the Idaho forest products commission and approved by the department, utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the director of the department of lands from funds appropriated to that department.
(4) Sample Idaho timber plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be deposited in the department of lands fund for use in reforestation activities or educational efforts as set forth in this section.
(5) Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee of each timber special license plate, and twenty dollars ($20.00) for each sample timber special license plate, shall be deposited with the state treasurer and credited to the department of lands. Funds so deposited and subsequently directed by the state board of land commissioners for educational efforts as set forth in this section shall be expended as agreed by the state board of land commissioners upon recommendations developed jointly by the department of lands and the Idaho forest products commission. Such efforts may include signs or other appropriate means designed to help build public understanding of reforestation or the management and conservation of forest resources on public and private lands in Idaho.
[49-417A, added 1995, ch. 186, sec. 1, p. 674; am. 1997, ch. 134, sec. 1, p. 402; am. 1998, ch. 113, sec. 14, p. 427; am. 1999, ch. 315, sec. 3, p. 785; am. 2000, ch. 87, sec. 18, p. 202.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for Idaho agriculture plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho agriculture plates for other vehicles may be authorized by rule of the board.
(2) In addition to the regular operating fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of the administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by warrant on a monthly basis by the Idaho transportation department to Idaho ag in the classroom created by the provisions of section 57-815, Idaho Code.
(3) Whenever title or interest in a vehicle registered pursuant to this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates after receipt of new registration from the department.
(4) The Idaho agriculture license plate shall be of a color and design that is acceptable to the Idaho ag in the classroom board of directors and shall be approved by the department and utilize a numbering system as determined by the department. Initial costs of the plate program, including the cost of plate design, shall be paid from the Idaho ag in the classroom account.
(5) Sample Idaho agriculture plates may be purchased from the department for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred by warrant on a monthly basis by the Idaho transportation department to Idaho ag in the classroom.
[49-417B, added 1999, ch. 374, sec. 2, p. 1024; am. 2000, ch. 87, sec. 19, p. 203; am. 2000, ch. 200, sec. 2, p. 493; am. 2001, ch. 73, sec. 7, p. 158; am. 2009, ch. 114, sec. 1, p. 368; am. 2026, ch. 46, sec. 1, p. 225.]
(1) On and after January 1, 2001, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special famous potatoes license plates in lieu of regular license plates. Availability of famous potatoes license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the Idaho potato commission created in chapter 12, title 22, Idaho Code, and shall be used exclusively for the purposes described in subsection (17) of section 22-1207, Idaho Code.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The famous potatoes license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The distinguishing feature of the license plate shall be a representation of a prepared Idaho potato with a melting pat of butter. The design and any slogan on the plate shall be acceptable to the Idaho potato commission and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho potato commission.
(5) Sample famous potatoes license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho potato commission. No additional fee shall be charged for personalizing sample plates.
[49-417C, added 2000, ch. 193, sec. 2, p. 478; am. 2004, ch. 188, sec. 6, p. 587.]
(1) On and after January 1, 2009, any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for Idaho rangeland plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho rangeland plates for other vehicles may be authorized by rule of the board.
(2) In addition to the regular registration fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of the administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to an Idaho rangeland resource commission account provided in section 58-1415, Idaho Code.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates after receipt of new registration from the department.
(4) The Idaho rangeland license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. That portion of the design which features Idaho rangelands shall be acceptable to the Idaho rangeland resource commission and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including the cost of plate design, shall be paid from the Idaho rangeland resource commission account.
(5) Sample Idaho rangeland plates may be purchased from the department for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho rangeland resource commission account.
[49-417D, added 2008, ch. 150, sec. 2, p. 437.]
(1) On and after July 1, 2025, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special Idaho world famous potatoes black and white license plates in lieu of regular license plates.
(2) The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho world famous potatoes black and white license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.
(3) In addition to the regular registration fee required pursuant to this chapter, the applicant shall be charged a fee of seventy dollars ($70.00) for the initial issuance of plates and fifty dollars ($50.00) for each succeeding annual registration. Forty-five dollars ($45.00) of the initial fee and thirty-five dollars ($35.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the Idaho potato commission created in chapter 12, title 22, Idaho Code, and shall be used exclusively for the purposes described in section 22-1207(17), Idaho Code.
(4) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(5) Notwithstanding the provisions of section 49-402C, Idaho Code, the Idaho world famous potatoes black and white license plate shall have a black background, white characters, and display the words "Idaho World Famous Potatoes." The design shall be approved by the department, utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho potato commission.
(6) Sample Idaho world famous potatoes black and white license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho potato commission. No additional fee shall be charged for personalizing sample plates.
[49-417E, added 2025, ch. 109, sec. 3, p. 572.]
(1) On and after July 1, 2025, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, may apply for and, upon department approval, receive Idaho world famous potatoes white and teal license plates.
(2) The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho world famous potatoes white and teal license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.
(3) Notwithstanding the provisions of section 49-450, Idaho Code, the plate fee for the license plate created by this section shall be two dollars and seventy-five cents ($2.75) per license plate. Such fee shall be deposited into the plate manufacturing account created in section 49-450A, Idaho Code. Regular registration fees shall be charged pursuant to the requirements of this chapter. There shall be no special plate program fee.
(4) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(5) Notwithstanding the provisions of section 49-402C, Idaho Code, the Idaho world famous potatoes white and teal license plate shall have a white background, teal green characters, and display the words "Idaho World Famous Potatoes." The design shall be approved by the department, utilizing a numbering system as determined by the department.
(6) Sample Idaho world famous potatoes white and teal license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho potato commission. No additional fee shall be charged for personalizing sample plates.
[49-417F, added 2025, ch. 109, sec. 4, p. 573.]
(1) On and after July 1, 2026, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special white and black license plates in lieu of regular license plates.
(2) The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of the white and black license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.
(3) In addition to the regular registration fee required pursuant to this chapter, the applicant shall be charged a fee of seventy dollars ($70.00) for the initial issuance of plates and fifty dollars ($50.00) for each succeeding annual registration. Five dollars ($5.00) of the initial fee and five dollars ($5.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Sixty-five dollars ($65.00) of each initial fee and forty-five dollars ($45.00) of each renewal fee shall be transferred by the state treasurer to the Idaho law enforcement fund created pursuant to section 67-2914, Idaho Code, and shall be used exclusively for the purposes described in section 49-454(3), Idaho Code.
(4) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(5) Notwithstanding the provisions of section 49-402C, Idaho Code, the white and black license plate shall have a white background and black characters. The design shall be approved by the department, utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho law enforcement fund.
(6) The white and black license plate established in this section shall be exempt from the requirements of section 49-402D, Idaho Code.
(7) Sample white and black license plates may be purchased for a fee of thirty dollars ($30.00), five dollars ($5.00) of which shall be deposited in the state highway account and twenty-five dollars ($25.00) of which shall be transferred to the Idaho law enforcement fund and shall be used exclusively for the purposes described in section 49-454(3), Idaho Code. No additional fee shall be charged for personalizing sample plates.
[49-417G, added 2026, ch. 85, sec. 2, p. 452.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for and upon department approval receive special veterans license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of veterans plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) Proof of being a current or former member of the United States armed forces must be furnished to the department before special veterans plates will be issued. Acceptable proof shall be a copy of form DD214 or an equivalent document or statement from the department of veterans affairs.
(3) In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee of twenty-five dollars ($25.00) and the annual program fee of fifteen dollars ($15.00) as specified in section 49-402, Idaho Code, and the plate fee specified in section 49-450, Idaho Code. Ten dollars ($10.00) of the initial program fee and ten dollars ($10.00) of the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Fifteen dollars ($15.00) of the initial program fee and five dollars ($5.00) of the annual program fee shall be deposited to the veterans cemetery maintenance fund created in section 65-107, Idaho Code, and shall be used to operate and maintain a state veterans cemetery.
(4) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(5) The veterans license plate design shall include the colors red, white and blue, shall designate one (1) of the five (5) branches of military service, and display either:
(a) The word "VETERAN";
(b) The name of a conflict or war period recognized by the United States department of veterans affairs for the purpose of awarding federal veterans benefits as defined in 38 U.S.C. 101(11); or
(c) For a current or former member of the United States armed forces who has served in Afghanistan or Iraq during the post 9/11 global operations period, as defined in 38 U.S.C. 4110A(c), the name of the post 9/11 global operations theater.
The license plate design shall comply with all applicable rules of the department and shall include a separate and distinct numbering system. The design, color, and numbering system shall be subject to approval of the department.
(6) Veterans license plates may be retained and displayed on vehicles owned by the surviving spouse of a qualified veteran. In addition, provided that the deceased veteran met the criteria set forth above in this section, surviving spouses of qualified veterans shall be authorized to apply for and receive veterans plates and may retain, renew and display veterans plates for so long as the surviving spouse is within the definition set forth in 38 U.S.C. 101(3). There shall be no requirement that the veteran, while living, resided in Idaho or had applied for or received veterans plates. Such plates shall be used on a vehicle owned by the surviving spouse.
[49-418 added 1996, ch. 413, sec. 1, p. 1375; am. 1998, ch. 113, sec. 15, p. 428; am. 1999, ch. 316, sec. 9, p. 796; am. 2000, ch. 37, sec. 5, p. 69; am. 2000, ch. 87, sec. 20, p. 204; am. 2000, ch. 464, sec. 1, p. 1437; am. 2011, ch. 66, sec. 1, p. 141; am. 2016, ch. 67, sec. 1, p. 204.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for special plates featuring one (1) of Idaho’s colleges or universities. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho college and university special license plates for other vehicles may be authorized by rule of the board.
(2) In addition to the regular operating fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account to be used by the department to fund highway, road and bridge construction projects and to fund the cost of administration of this special license plate program. The department shall transfer twenty-five dollars ($25.00) of the initial fee and fifteen dollars ($15.00) of the renewal fee for deposit to the institution designated on the license plate.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates after receipt of new registration from the department.
(4) All special college and university plates shall be of a color and design comparable to the standard issue of license plates with blue numerals on a red, white and blue background and shall indicate the participating institution.
(a) The standard red, white and blue graphic shall be used, except that the word "Idaho" and "Famous Potatoes" shall appear on every plate, the identification of county shall be omitted, and the inscription "Scenic Idaho" may be omitted.
(b) Each college or university that chooses to participate in this program shall provide that portion of the design which features the particular institution and such design shall be acceptable to the president of the institution. For public colleges and universities, approval of the state board of education and board of regents of the university of Idaho shall also be required.
Each version of the special college and university plate featuring the participating college or university shall be approved by the department, utilizing a numbering system as determined by the department. Initial costs of the plate program, including the cost of plate design, shall be paid by the participating college or university.
(5) The state board of education and board of regents of the university of Idaho shall adopt rules to account for receipt and distribution of revenues accruing to participating public colleges and universities from the special license plate program. Revenues from the special plate program shall be used to:
(a) Fund scholarships for Idaho residents attending that college or university.
(b) Match funds contributed in equal amounts from nonstate sources for academic programs, provided that such expenditures for public colleges and universities shall be subject to prior approval by the state board of education and board of regents of the university of Idaho.
(6) For the purposes of this section, nonpublic colleges and universities shall mean and are limited to: The College of Idaho located in Caldwell, Idaho; Northwest Nazarene University located in Nampa, Idaho; and Brigham Young University-Idaho located in Rexburg, Idaho.
(7) Sample college and university license plates may be purchased from the department for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be retained by the department for deposit to the state highway account and twenty dollars ($20.00) of which shall be transferred by the department to the college or university designated on the license plate. No additional fee shall be charged for personalizing sample plates.
[49-418A, added 1997, ch. 277, sec. 1, p. 823; am. 1998, ch. 113, sec. 16, p. 429; am. 1999, ch. 315, sec. 4, p. 786; am. 2000, ch. 87, sec. 21, p. 205; am. 2005, ch. 61, sec. 1, p. 218; am. 2008, ch. 13, sec. 1, p. 17.]
(1) On or after January 1, 2000, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and upon department approval receive special Idaho youth license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho youth plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of the administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the county assessor’s motor vehicle registration division of each county into the youth programs fund of the sheriff of that county, for use in implementation of prevention and early intervention programs for Idaho’s at-risk youth including, but not limited to: (a) providing mentoring programs, (b) creating safe places and structured activities in nonschool hours, (c) fostering good health, (d) developing effective education opportunities for marketable career skills, and (e) providing an opportunity for youth to give back to their community.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The Idaho youth license plate shall be of a color and design comparable to the standard issue of license plates with blue numerals on a red, white and blue background, except that the word "Idaho" shall appear on each plate and the county designator shall be omitted to provide for distinguishing designs and slogans, acceptable to the Idaho association of counties, to be added to the plate. The design shall be approved by the department and shall utilize a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho association of counties.
(5) Sample Idaho youth license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be deposited in the sheriff’s youth program fund of the county where the plate was purchased for the implementation of youth programs for at-risk youth. No additional fee shall be charged for personalizing sample plates.
[49-418B, added 1999, ch. 77, sec. 1, p. 221; am. 2000, ch. 87, sec. 22, p. 206; am. 2000, ch. 200, sec. 3, p. 494; am. 2001, ch. 73, sec. 8, p. 159.]
(1) On and after January 1, 2001, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special firefighters license plates in lieu of regular license plates. Availability of firefighters license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the Idaho fire chiefs association in Boise, Idaho, and shall be used exclusively for the fire safety education of firefighters, fire chiefs and the general public.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The firefighters license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The distinguishing feature of the license plate shall be a representation of firefighters in action. The design and any slogan on the plate shall be acceptable to the Idaho fire chiefs association and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho fire chiefs association.
(5) Sample firefighters license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho fire chiefs association. No additional fee shall be charged for personalizing sample plates.
[49-418C, added 2000, ch. 50, sec. 2, p. 96.]
(1) On and after January 1, 2006, any person who is the owner of a motorcycle registered under the provisions of section 49-402, Idaho Code, may apply for and upon department approval receive a military veteran motorcycle license plate in lieu of a regular motorcycle license plate.
(2) Proof of being a current or former member of the United States armed forces must be furnished to the department before a military veteran motorcycle plate will be issued. Acceptable proof shall be a copy of form DD214 or an equivalent document or statement from the department of veterans affairs.
(3) In addition to the annual registration fee required in section 49-402(3), Idaho Code, the applicant shall be charged a fee of twenty-five dollars ($25.00) for the initial issuance of a plate, and fifteen dollars ($15.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial program fee and ten dollars ($10.00) of the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special motorcycle license plate program. Fifteen dollars ($15.00) of the initial program fee and five dollars ($5.00) of the annual program fee shall be deposited to the veterans cemetery maintenance fund created in section 65-107, Idaho Code, to operate and maintain a state veterans cemetery.
(4) Whenever title or interest in a motorcycle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plate to another motorcycle upon payment of the required transfer fees. The owner may only display the plate on another motorcycle upon receipt of the new registration from the department.
(5) The military veteran motorcycle license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. In addition, there shall be no decals to indicate the veteran’s branch of service or the period of duty served; the plate shall display the words "Scenic Idaho" at the top and "Veteran" at the bottom of the plate; and the license plate design shall be approved by the department and any portion of the design which represents veterans shall be acceptable to the administrator of the Idaho division of veterans services and a unique numbering system shall be utilized by the department.
[49-418D, added 2004, ch. 78, sec. 2, p. 302; am. 2006, ch. 120, sec. 1, p. 337.]
(1) On and after January 1, 1999, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and upon department approval receive special Idaho snowskier license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho snowskier license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited by the state treasurer in the division of tourism fund within the department of commerce for use in general promotion of Idaho’s ski industry.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The Idaho snowskier license plate shall be of a color and design comparable to the standard issue of license plates with blue numerals on a red, white and blue background, except that the word "Idaho" shall appear on each plate and the county designator shall be omitted to provide for distinguishing designs and slogans, acceptable to the Idaho ski areas association, to be added to the plate. The design shall be approved by the department and shall utilize a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho ski areas association.
(5) Sample Idaho snowskier license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be deposited in the division of tourism fund within the department of commerce for use in general promotion of Idaho’s ski industry. Any moneys expended by the department of commerce for promotion of Idaho’s ski industry shall be done in consultation with the Idaho ski area association. No additional fee shall be charged for personalizing sample plates.
[49-419, added 1998, ch. 129, sec. 2, p. 482; am. 1999, ch. 315, sec. 5, p. 787; am. 2000, ch. 87, sec. 23, p. 207; am. 2002, ch. 180, sec. 1, p. 526.]
(1) On and after January 1, 2000, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and upon department approval receive Idaho sawtooth national recreation area license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho sawtooth national recreation area plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fees required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited by the state treasurer in the park and recreation fund established in section 67-4225, Idaho Code, for use in the maintenance of parks and facilities. This fee shall be treated as a contribution to the outdoor recreation program and shall not be considered a motor vehicle registration fee as described in section 17, article VII, of the constitution of the state of Idaho.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The Idaho sawtooth national recreation area license plate design shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. That portion of the design which features the Idaho sawtooth national recreation area shall be acceptable to the sawtooth society and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including the cost of the plate design, shall be paid by the sawtooth society.
(5) Sample Idaho sawtooth national recreation area plates may be purchased from the department for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be deposited by the state treasurer in the park and recreation fund for use in the maintenance of parks and facilities. No additional fee shall be charged for personalizing sample plates.
[49-419A, added 1999, ch. 365, sec. 2, p. 965; am. 2000, ch. 87, sec. 24, p. 208; am. 2000, ch. 200, sec. 4, p. 495; am. 2001, ch. 73, sec. 9, p. 160.]
(1) On and after January 1, 2004, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special Idaho white water rafting license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho white water rafting license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer for deposit to the tourism and promotion fund of the department of commerce, and shall be used by the department of commerce for the general education and promotion of Idaho’s white water rivers and the rafting and kayaking industries. The department of commerce shall confer with the consulting panel representing white water river communities and the rafting and kayaking industries before expending any moneys from the fund that were received into the fund from revenue derived from this special license plate program.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The Idaho white water rafting license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be acceptable to the department of commerce and the consulting panel representing Idaho’s white water river communities and the rafting and kayaking industries, and shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the department of commerce. Not more than fifteen percent (15%) of all revenues made available to the department of commerce from the sale and renewal of Idaho white water rafting license plates shall be used by the department of commerce to pay for the costs of the plate design and for those administrative expenses necessarily incurred by operation of the general education and promotion program.
(5) Sample Idaho white water rafting license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the tourism and promotion fund of the department of commerce and shall be used for the general education and promotion of Idaho’s white water rivers and the rafting and kayaking industries. No additional fee shall be charged for personalizing sample plates.
[49-419C, added 2003, ch. 242, sec. 2, p. 625.]
(1) On and after January 1, 2011, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and upon department approval, receive special Idaho mountain biking license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho mountain biking license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be deposited by the state treasurer in a dedicated fund in the department of parks and recreation or any successor state agency or department thereto which fund shall be used by any such agency or department exclusively for the preservation, maintenance and expansion of recreational trails within the state of Idaho and on which mountain biking is permitted.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of a new registration from the department.
(4) The Idaho mountain biking license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be acceptable to the department of parks and recreation or any successor agency or department thereto, and shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho mountain bike trail preservation association.
(5) Sample Idaho mountain biking license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be deposited in a dedicated fund within the department of parks and recreation or any successor state agency or department thereto and which fund shall be used by any such agency or department exclusively for the preservation, maintenance and expansion of recreational trails within the state of Idaho and on which mountain biking is permitted.
[49-419E, added 2010, ch. 132, sec. 2, p. 282.]
(1) On and after January 1, 1999, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and upon department approval receive special Idaho snowmobile license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho snowmobile license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited by the state treasurer in the Idaho department of parks and recreation state snowmobile account established pursuant to section 67-7106, Idaho Code.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The Idaho snowmobile license plate shall be of a color and design comparable to the standard issue of license plates with blue numerals on a red, white and blue background, except that the word "Idaho" shall appear on each plate and the county designator shall be omitted to provide for distinguishing designs and slogans, acceptable to the Idaho state snowmobile association, to be added to the plate. The design shall be approved by the department and shall utilize a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho state snowmobile association.
(5) Sample Idaho snowmobile license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be deposited in the state snowmobile account within the department of parks and recreation. No additional fee shall be charged for personalizing sample plates.
[49-420, added 1998, ch. 260, sec. 1, p. 862; am. 1999, ch. 315, sec. 6, p. 788; am. 2000, ch. 87, sec. 25, p. 209.]
(1) On and after January 1, 2002, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special Idaho state capitol commission plates in lieu of regular license plates.
(2) The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho state capitol commission plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(3) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited by the state treasurer in the capitol maintenance reserve fund established in section 67-1610A, Idaho Code, and shall be used exclusively for the purposes of chapter 16, title 67, Idaho Code.
(4) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(5) Notwithstanding the provisions of section 49-402C, Idaho Code, the Idaho state capitol commission license plate shall be of a color and design acceptable to the Idaho state capitol commission, except that the word "Idaho" shall appear on each plate and the county designator shall be omitted to provide for distinguishing designs and slogans. The design shall be approved by the department, utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho state capitol commission.
(6) Sample Idaho state capitol commission license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be deposited in the Idaho capitol endowment income fund. No additional fee shall be charged for personalizing sample plates.
[49-420A, added 2001, ch. 281, sec. 2, p. 1012; am. 2005, ch. 309, sec. 1, p. 960; am. 2008, ch. 14, sec. 1, p. 20; am. 2013, ch. 111, sec. 4, p. 267.]
(1) On and after January 1, 2001, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special Lewis and Clark commemorative plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Lewis and Clark commemorative plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer for deposit to the governor’s Idaho Lewis and Clark trail committee fund created in section 67-8601, Idaho Code, and shall be used exclusively for the purposes described in section 67-8601, Idaho Code.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The Lewis and Clark commemorative license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. That portion of the design which features Lewis and Clark and other commemorative aspects of their trail and journeys shall be acceptable to the governor’s Lewis and Clark advisory board, and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid from the Lewis and Clark trail committee fund.
(5) Sample Lewis and Clark commemorative license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the governor’s Idaho Lewis and Clark trail committee fund. No additional fee shall be charged for personalizing sample plates.
[49-420B, added 2000, ch. 200, sec. 5, p. 496; am. 2001, ch. 73, sec. 10, p. 161.]
(1) On and after January 1, 2003, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special peace officer memorial license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of peace officer memorial license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the Idaho peace officers memorial fund in the Idaho community foundation, and shall be used exclusively for the Idaho law enforcement memorial and families of peace officers killed in the line of duty.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The peace officer memorial license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The distinguishing feature of the license plate shall be a representation of the Idaho peace officer memorial logo. The design and any slogan on the plate shall be acceptable to the Idaho peace officer memorial board, and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho police chiefs association.
(5) Sample peace officer memorial license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho peace officers memorial fund in the Idaho community foundation. No additional fee shall be charged for personalizing sample plates.
[49-420C, added 2002, ch. 285, sec. 3, p. 832.]
(1) On and after January 1, 2003, any person who is the owner of a vehicle registered pursuant to the provisions of section 49-402, Idaho Code, or registered pursuant to any other provision of law for which the purchase of a special license plate is allowed, may apply for and, upon department approval, receive special Appaloosa license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Appaloosa license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer for deposit to the Appaloosa museum and heritage center foundation and shall be used exclusively for the purpose of funding education and programming related to horses in the state of Idaho.
(3) Whenever title or interest in a vehicle registered pursuant to the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may display the plates on another vehicle only upon receipt of the new registration from the department.
(4) The Appaloosa license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. That portion of the design that features an Appaloosa shall be acceptable to the Appaloosa museum and heritage center foundation and shall be approved by the department utilizing a numbering system as determined by the department.
(5) Sample Appaloosa license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Appaloosa museum and heritage center foundation. No additional fee shall be charged for personalizing sample plates.
[(49-420D) 49-420C, added 2002, ch. 285, sec. 3, p. 832; am. & redesig. 2003, ch. 16, sec. 12, p. 59; am. 2026, ch. 169, sec. 1, p. 797.]
(1) On and after January 1, 2003, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and upon department approval receive special Idaho corvette license plates in lieu of regular license plates.
(2) The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho corvette license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(3) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the valley corvettes charitable support fund, and shall be used exclusively for the purpose of supporting charitable activities within the state of Idaho.
(4) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(5) The Idaho corvette license plate shall be of a color and design comparable to the standard issue of license plates with blue numerals on a red, white and blue background, except that the word "Idaho" shall appear on each plate and the county designator shall be omitted to provide for distinguishing designs and slogans, acceptable to the valley corvettes of Idaho, to be added to the plate. The design shall be approved by the department and shall utilize a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the valley corvettes of Idaho.
(6) Sample Idaho corvette license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the valley corvettes charitable support fund. Initial costs of the plate program, including costs of plate design, shall be paid by the valley corvettes charitable support fund.
[(49-420E) 49-420C, added 2002, ch. 285, sec. 3, p. 832; am. & redesig. 2003, ch. 16, sec. 13, p. 60.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, may apply for and upon department approval receive special Idaho Selway-Bitterroot wilderness license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Selway-Bitterroot wilderness plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be transferred by the state treasurer to the Selway-Bitterroot foundation and shall be used by the foundation for the purpose of assisting in the stewardship of the Idaho Selway-Bitterroot wilderness and surrounding wildlands of north central Idaho.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The license plate design shall be acceptable to the Selway-Bitterroot foundation and shall be approved by the department and shall utilize a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Selway-Bitterroot foundation.
(5) Sample Idaho Selway-Bitterroot wilderness license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to the Selway-Bitterroot foundation.
[49-420J, added 2010, ch. 140, sec. 2, p. 297; am. 2014, ch. 97, sec. 30, p. 290.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, may apply for and upon department approval receive special Idaho aviation foundation license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho aviation foundation plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be transferred by the state treasurer to the Idaho aviation foundation and shall be used by the foundation for grants relating to the maintenance, upgrade and development of airstrips and for improving access and promoting safety at backcountry and recreational airports in Idaho.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may display the plates on another vehicle only upon receipt of the new registration from the department.
(4) The license plate design shall be of a color and design in accordance with the provisions of section 49–402C, Idaho Code. The design and any slogan on the plate shall be acceptable to the Idaho aviation foundation and shall be approved by the department and shall use a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho aviation foundation.
(5) Sample Idaho aviation foundation license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to the Idaho aviation foundation.
[49-420K, added 2011, ch. 22, sec. 2, p. 63.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, may apply for and upon department approval receive special Idaho territory sesquicentennial license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho territory sesquicentennial plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be deposited by the department to the respective county historical society or designated entity in which the vehicle is registered and shall be used by such county historical society or designated entity to fund projects related to the Idaho territory sesquicentennial or to fund other projects that protect and preserve the heritage and cultural resources of the county.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may display the plates on another vehicle only upon receipt of the new registration from the department.
(4) The license plate design shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be approved by the department and shall use a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Lewiston historic preservation commission.
(5) Sample Idaho territory sesquicentennial license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to the county historical society where the vehicle is registered.
[49-420L, added 2012, ch. 64, sec. 2, p. 170.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, may apply for and upon department approval receive special Idaho 4-H license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho 4-H plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be transferred by the state treasurer to the University of Idaho foundation, friends of 4-H division, and shall be used by the division for 4-H youth development programs across Idaho for the purpose of funding educational 4-H events, securing supplemental resource materials, providing scholarship and leadership training opportunities and integrating additional STEM-based programming into curriculum offerings to better prepare Idaho youth for future careers.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may display the plates on another vehicle only upon receipt of the new registration from the department.
(4) The license plate design shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be acceptable to the University of Idaho foundation, friends of 4-H division, and shall be approved by the department and shall use a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the University of Idaho foundation, friends of 4-H division.
(5) Sample Idaho 4-H license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to the University of Idaho foundation, friends of 4-H division.
[49-420M, added 2014, ch. 82, sec. 2, p. 227.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive rocky mountain elk foundation license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of rocky mountain elk foundation license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be transferred by the state treasurer for deposit with the rocky mountain elk foundation office in Boise, Idaho, and shall be distributed by the rocky mountain elk foundation, as administrator of the funds, to support efforts of the foundation such as the education of its members and the public about habitat conservation, the value of hunting, hunting ethics and wildlife management, contributions toward habitat enhancement, wildlife management and research projects, promotion of outdoor skills, including shooting, survival and hunting skills programs, as well as the allocation of funds for larger projects and programs of the national rocky mountain elk foundation that benefit Idaho.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The rocky mountain elk foundation license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be acceptable to the rocky mountain elk foundation and shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the rocky mountain elk foundation.
(5) Sample rocky mountain elk foundation license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to the rocky mountain elk foundation’s office in Boise, Idaho, and shall be used for purposes as provided in subsection (2) of this section.
[49-420N, added 2015, ch. 37, sec. 2, p. 78.]
(1) On and after July 1, 2015, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive Idaho friends of the national rifle association license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho friends of the national rifle association license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be transferred by the state treasurer for deposit with the national rifle association foundation Idaho state grant fund. The national rifle association foundation Idaho state grant fund is restricted to utilization of received funds within the state of Idaho.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The Idaho friends of the national rifle association license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. That portion of the design that features the Idaho friends of the national rifle association design shall be acceptable to the secretary of the national rifle association. The design shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho friends of the national rifle association.
(5) Sample Idaho friends of the national rifle association license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to the national rifle association foundation Idaho state grant fund. The national rifle association foundation Idaho state grant fund is restricted to utilization of received funds within the state of Idaho. No additional fee shall be charged for personalizing sample plates.
[(49-420O) 49-420N , added 2015, ch. 8, sec. 2, p. 11; am. and redesig. 2016, ch. 47, sec. 24, p. 120.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive Idaho Rotary International license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho Rotary International license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
(2) In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be transferred by the state treasurer for deposit with the Boise Southwest Rotary Foundation, which in turn will distribute the funds between the three (3) state districts: Boise Southwest Rotary Foundation, Rotary District 5080 Charitable Programs, Inc., and District 5400 Charitable Programs, Inc. The Boise Southwest Rotary Foundation shall distribute funds generated by license plate purchasers in each district to that district. The moneys shall be used solely for charitable efforts in Idaho, and none can be used for club activities or administrative costs.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
(4) The Idaho Rotary International license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. That portion of the design that features the Idaho Rotary International design shall be acceptable to the Boise Southwest Rotary Foundation and shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Boise Southwest Rotary Foundation.
(5) Sample Idaho Rotary International license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to the Boise Southwest Rotary Foundation and shall be used for purposes as provided in subsection (2) of this section.
[49-420P, added 2018, ch. 253, sec. 1, p. 583.]
(1) Any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed may apply for and, upon department approval, receive pet friendly license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of pet friendly license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.
(2) In addition to the regular registration fee required in this chapter, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be deposited in the Idaho humane society’s pet lovers fund and used in accordance with the provisions of subsection (5) of this section.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may display the plates on another vehicle only upon receipt of the new registration from the department.
(4) The pet friendly license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be acceptable to the Idaho humane society and shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho humane society.
(5) Sample pet friendly license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be deposited in the Idaho humane society’s pet lovers fund. A committee of five (5) members shall be appointed by the board of directors of the Idaho humane society to designate recipients of disbursements from the fund. The committee members shall serve two (2) year terms and shall include one (1) licensed Idaho veterinarian, one (1) certified veterinarian technician, and three (3) representatives of the rescue, sheltering, and animal welfare community unaffiliated with the Idaho humane society. Subsequent appointments to the committee shall be made by the committee. The committee shall meet once per year to designate recipients of moneys from the Idaho humane society’s pet lovers fund, which recipients may include Idaho licensed veterinarians, Idaho animal shelters, or Idaho nonprofit organizations. At the direction of the committee, moneys in the fund shall be disbursed to recipients designated by the committee and used to provide assistance with veterinary services, prioritizing canine and feline spay and neuter services, to low-income residents of Idaho. The Idaho humane society, the committee members, and any organization represented by a serving committee member shall be ineligible to receive disbursements from the fund.
[49-420Q, added 2019, ch. 89, sec. 2, p. 219.]
(1) Effective January 1, 2021, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive choose life license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of choose life license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.
(2) In addition to the regular registration fee required in this chapter, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be transferred by the state treasurer to Choose Life Idaho, Inc., and shall be used in Idaho to provide grant dollars to support life-affirming pregnancy resource centers in order to help pregnant women choose life for their babies and to encourage adoption as a positive choice for women with unplanned pregnancies.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may display the plates on another vehicle only upon receipt of the new registration from the department.
(4) The choose life license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be acceptable to Choose Life Idaho, Inc., and shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by Choose Life Idaho, Inc.
(5) Sample choose life license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to Choose Life Idaho, Inc., to be used for the purpose stated in subsection (2) of this section.
[49-420R, added 2020, ch. 42, sec. 2, p. 96.]
(1) Effective January 1, 2026, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive don’t tread on me license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of don’t tread on me license plates shall be subject to the policies and procedures of the department.
(2) In addition to the regular registration fee required in this chapter, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Thirteen dollars ($13.00) of the initial fee and thirteen dollars ($13.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program, including the initial plate design for the plate provided for in this section. Except for the reimbursement of initial plate design costs as provided for in subsection (4) of this section, twenty-two dollars ($22.00) of each initial fee and twelve dollars ($12.00) of each renewal fee shall be transferred by the state treasurer to the firearms safety grant fund established in section 33-1628, Idaho Code.
(3) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may display the plates on another vehicle only upon receipt of the new registration from the department.
(4) Notwithstanding the provisions of section 49-402C, Idaho Code, the don’t tread on me license plate shall be bright yellow and shall consist of a likeness of the Gadsden flag with the image of a rattlesnake in the center and the words "don’t tread on me" centered on the bottom. The design shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the state board of education and shall be reimbursed from the initial moneys distributed to the firearms safety grant fund established in section 33-1628, Idaho Code.
(5) Sample don’t tread on me license plates may be purchased for a fee of thirty dollars ($30.00), thirteen dollars ($13.00) of which shall be deposited in the state highway account and seventeen dollars ($17.00) of which shall be transferred to the firearms safety grant fund established in section 33-1628, Idaho Code, to be used for the purpose stated in that section.
[49-420S, added 2024, ch. 187, sec. 3, p. 678; am. 2025, ch. 132, sec. 1, p. 683.]
(1) On and after January 1, 2026, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special USS Idaho SSN 799 commemorative license plates in lieu of regular license plates.
(2) The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of USS Idaho SSN 799 commemorative license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.
(3) In addition to the regular registration fee required in this chapter, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Such fees shall be deposited in the state highway account and shall be used, in part, to fund the cost of the plate design and administration of this special license plate program.
(4) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may display the plates on another vehicle only upon receipt of the new registration from the department.
(5) The USS Idaho SSN 799 commemorative license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code, and shall include the text "USS IDAHO" on the top of the plate and the text "SSN 799 THE GEM OF THE FLEET" across the bottom of the plate. The design shall feature an image of the USS Idaho SSN 799 submarine emerging out of the ocean and other commemorative aspects. The design shall be acceptable to the USS Idaho commissioning committee and shall be approved by the department utilizing a numbering system as determined by the department.
(6) The USS Idaho SSN 799 commemorative license plate established in this section shall be exempt from the requirements of section 49-402D.
(7) Sample USS Idaho SSN 799 commemorative license plates may be purchased for a fee of fifteen dollars ($15.00), which shall be deposited in the state highway account. No additional fee shall be charged for personalizing sample plates.
[49-420T, added 2025, ch. 271, sec. 2, p. 1163.]
(1) On and after January 1, 2026, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special an appeal to heaven license plates in lieu of regular license plates.
(2) The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of an appeal to heaven license plates for other vehicles shall be subject to the rules, policies, and procedures of the department.
(3) In addition to the regular registration fee required in this chapter, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Such fees shall be deposited in the state highway account and shall be used, in part, to fund the cost of the plate design and administration of this special license plate program.
(4) Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may display the plates on another vehicle only upon receipt of the new registration from the department.
(5) Notwithstanding the provisions of section 49-402C, Idaho Code, the an appeal to heaven license plate design shall be of a color and design similar to the flag portion of the United States postal service’s 1968 six-cent (6¢) stamp commemorating George Washington’s cruisers flag of 1775, except with a brown tree trunk and the words "AN APPEAL TO HEAVEN" on the bottom center and the word "IDAHO" in the top center. Such design shall be approved by the department, utilizing a numbering system as determined by the department.
(6) The an appeal to heaven license plate established in this section shall be exempt from the requirements of section 49-402D.
(7) Sample an appeal to heaven license plates may be purchased for a fee of fifteen dollars ($15.00), which shall be deposited in the state highway account. No additional fee shall be charged for personalizing sample plates.
[(49-420U) 49-420T, added 2025, ch. 172, sec. 2, p. 817; am. and redesig. 2026, ch. 251, sec. 19, p. 1070.]
(1) Upon the registration of a vehicle, the registering agency shall issue to the owner, as defined in section 49-116(4), Idaho Code, a registration card that shall contain the date issued, the registration number assigned the owner and to the vehicle, the name and address of the owner, a description of the registered vehicle, identification number, and any other information the department may require.
(2) The owner, upon receiving a registration card, shall validate proof of compliance with the insurance requirements of section 49-1229, Idaho Code.
(3) Upon a change of address, the registrant shall report such change to the county assessor or the department within thirty (30) days following the change of address.
(4) It is an infraction for any person to fail to notify the department of a change of address as required by the provisions of subsection (3) of this section.
[(49-421) 49-419, added 1988, ch. 265, sec. 85, p. 618; am. 1992, ch. 35, sec. 14, p. 119; am. and redesig. 1998, ch. 129, sec. 1, p. 481; am. 2000, ch. 304, sec. 2, p. 1036; am. 2020, ch. 125, sec. 1, p. 385; am. 2021, ch. 171, sec. 4, p. 478.]
(1) The fees for registering manufactured homes or towed recreational vehicles shall be four dollars ($4.00). In addition to the registration fee, and as a prerequisite to registering there shall be an assessment levied on each manufactured home for ad valorem tax as provided in chapter 3, title 63, Idaho Code. An applicant for a manufactured home registration shall be required to exhibit the general property tax receipt for the year of registration before a license may be issued. An applicant for a towed recreational vehicle registration shall be required to obtain the recreational vehicle annual license as required in section 49-445, Idaho Code, in conjunction with the registration required in this section. It shall be unlawful for any manufactured home or towed recreational vehicle to be moved on any highway without first being registered. The registration fees collected as specified in this section shall be paid to the assessor of the county where the registration was purchased. Fifty percent (50%) of the registration fees shall be placed in the county current expense fund and the balance of the fees shall be deposited in the highway distribution account.
(2) The provisions of this section shall not apply to new manufactured homes being transported either prior to first sale at retail or to the initial setup location of the original purchaser.
[49-422, added 1988, ch. 265, sec. 86, p. 618; am. 1992, ch. 35, sec. 15, p. 119; am. 1996, ch. 322, sec. 46, p. 1077; am. 1999, ch. 170, sec. 1, p. 459.]
In the event that any license plate or registration card issued pursuant to the provisions of this chapter shall be lost, mutilated, or become illegible, the person to whom the plate or registration card is issued shall make immediate application for and obtain a duplicate or replacement upon furnishing information of fact satisfactory to the department and upon payment of the required fees. The fee for duplicate or replacement plates is provided in sections 49-450 and 49-202(2)(f), Idaho Code, for a replacement registration card whether issued in print or electronically.
[49-425, added 1988, ch. 265, sec. 87, p. 619; am. 1992, ch. 35, sec. 16, p. 120; am. 2000, ch. 320, sec. 4, p. 1087; am. 2020, ch. 125, sec. 2, p. 385.]
The provisions of this chapter with respect to operating fees must not apply to:
(1) Motor vehicles owned or leased by the United States, the state, a city, a county, any department thereof, any political subdivision or municipal corporation of the state, any taxing district of the state, any state-registered nonprofit subscription fire protection unit, or any organization, whether incorporated or unincorporated, organized for the operation, maintenance, or management of an irrigation project or irrigation works or system or for the purpose of furnishing water to its members or shareholders, but in other respects the provisions of this chapter are applicable.
(2) Farm tractors, implements of husbandry, manufactured homes that qualify for an exemption under the provisions of section 49-422, Idaho Code, road rollers, wheel-mounted tar buckets, portable concrete or mortar mixers, wheel-mounted compressors, tow dollies, portable toilet trailers, street sweepers, other construction equipment, forestry equipment, lawn and grounds equipment, and similar devices as determined by the department that are temporarily operated or moved upon the highways need not be registered under the provisions of this chapter, nor will implements of husbandry be considered towed units under registration of vehicle combinations as defined in section 49-108(2), Idaho Code. In addition, self-propelled wheelchairs, three-wheeled bicycles, wheelchair conveyances, golf carts, lawn mowers, and scooters operated by persons who by reason of physical disability are otherwise unable to move about as pedestrians are exempt from registration requirements under the provisions of this chapter. Motorcycles and off-highway vehicles need not be licensed under the provisions of this chapter or numbered pursuant to the provisions of sections 67-7122 and 67-7124, Idaho Code, if they are being used exclusively in connection with agricultural, horticultural, dairy and livestock growing and feeding operations, or used exclusively for snow removal purposes. Travel upon the public highways must be limited to travel between farm or ranch locations. Motorcycles and off-highway vehicles used for this purpose must meet the emblem requirements of section 49-619, Idaho Code.
(3) Off-highway vehicles licensed pursuant to this chapter and numbered pursuant to section 67-7122 or 67-7124, Idaho Code, and those vehicles exempt from licensing and numbering pursuant to subsection (2) of this section are permitted to operate on:
(a) All highways that are not state highways and that are not interstate highways;
(b) Any non-full access-controlled state highway within the boundaries of a municipality and extending one (1) mile from such boundary lines where the posted speed limit is sixty (60) miles per hour or less; and
(c) Any non-full access-controlled state highway outside of municipalities where the posted speed limit is sixty-five (65) miles per hour or less for continuous distances of no more than five (5) miles for the limited purpose of connecting between OHV trails, obtaining access to or from an OHV trail, or to access necessary services such as fuel, lodging, food and beverage, and maintenance.
(4) Off-highway vehicles licensed pursuant to this chapter and numbered pursuant to section 67-7122 or 67-7124, Idaho Code, and those vehicles exempt from licensing and numbering pursuant to subsection (2) of this section must be permitted to cross a highway, except interstate highways and full access-controlled state highways, at a public road intersection and at any point where an OHV trail intersects, provided the vehicle comes to a full and complete stop before making the crossing and yields to any highway traffic.
(5) The operation of off-highway vehicles licensed pursuant to this chapter and numbered pursuant to section 67-7122 or 67-7124, Idaho Code, and those vehicles exempt from licensing and numbering pursuant to subsection (2) of this section are not permitted on interstate highways and full access-controlled state highways, provided that the Idaho transportation board may designate sections of such state highways upon which off-highway vehicles may travel.
(6) The Idaho transportation board may, after sufficient public notice is given and a public hearing held, designate sections of state highways that are closed or limited to off-highway vehicle use. The Idaho transportation board must deliver written notice to the director of the Idaho department of parks and recreation at least thirty (30) days before the public hearing and must accept and consider any comment from the director of the Idaho department of parks and recreation received within the thirty (30) day period or at the public hearing.
(7) Any political subdivision of the state of Idaho may, but only after sufficient public notice is given and a public hearing held, adopt local ordinances or resolutions designating highways or sections of highways under its jurisdiction that are closed or limited to off-highway vehicle use. Notice of any such public hearing must be delivered in writing at least thirty (30) days in advance to the director of the Idaho department of parks and recreation. A political subdivision must accept and consider any comment from the director of the Idaho department of parks and recreation received within the thirty (30) day period or at the public hearing.
(8) When operating an off-highway vehicle upon highways, off-highway vehicles must not travel at speeds greater than the posted speed limit or forty-five (45) miles per hour, whichever is less.
(9) The requirements of title 18 and chapters 2, 3, 6, 8, 12, 13, and 14, title 49, Idaho Code, apply to the operation of off-highway vehicles upon highways.
(10) Off-highway vehicles may be used on highways located on state lands or federal lands that are not part of the highway system of the state of Idaho, provided the numbering requirements of section 67-7122 or 67-7124, Idaho Code, are met.
[49-426, added 2021, ch. 171, sec. 3, p. 476; am. 2022, ch. 205, sec. 1, p. 665.]
The registration card issued for a vehicle required to be registered by the provisions of this chapter shall, while the vehicle is being operated upon a highway, be in the possession of the driver or carried in the vehicle and be subject to inspection by any peace officer. A person who is issued a registration card electronically shall print the registration card, and such printed copy may be used to satisfy the provisions of this section. For drivers of commercial vehicles registered pursuant to section 49-434 or 49-435, Idaho Code, an electronic format of the registration card is permitted.
[49-427, added 1988, ch. 265, sec. 89, p. 621; am. 2020, ch. 125, sec. 3, p. 386; am. 2026, ch. 237, sec. 2, p. 1027.]
(1) License plates assigned to a motor vehicle shall be attached, one (1) in the front, if the vehicle is equipped with a front license plate mounting bracket, and the other in the rear, with the exception of the following:
(a) The license plate assigned to a motorcycle, all-terrain vehicle, utility type vehicle, motorbike or semitrailer and the license plate assigned to a motor vehicle operated by a manufacturer, repossession agent or dealer shall be attached to the rear.
(b) Vehicles displaying year of manufacture, old timer, classic car, street rod, or custom vehicle license plates shall be allowed to display one (1) plate attached to the rear of the vehicle.
(c) The license plate attached to a tractor shall be attached to the front.
(d) The wrecker plate shall be displayed on the vehicle being towed in such a manner as to be visible when the vehicle being towed is approached from the rear.
License plates shall be displayed during the current registration year. For the purposes of this title, the license plates together with the registration card shall be considered as license plates for the year designated on the registration card.
(2) Every license plate shall at all times be securely fastened to the vehicle to which it is assigned to prevent the plate from swinging, be at a height not less than twelve (12) inches from the ground, measuring from the bottom of the plate, be in a place and position to be clearly visible, and be maintained free from foreign materials and in a condition to be clearly legible.
[49-428, added 1988, ch. 265, sec. 90, p. 621; am. 1990, ch. 391, sec. 3, p. 1095; am. 1992, ch. 35, sec. 18, p. 121; am. 1998, ch. 392, sec. 9, p. 1211; am. 2008, ch. 409, sec. 5, p. 1132; am. 2009, ch. 287, sec. 2, p. 862; am. 2020, ch. 125, sec. 4, p. 386; am. 2021, ch. 149, sec. 28, p. 420; am. 2021, ch. 200, sec. 2, p. 550; am. 2025, ch. 316, sec. 2, p. 1321; am. 2026, ch. 9, sec. 7, p. 70.]
When an owner chooses to display special license plates, upon payment of required fees the department or the assessor shall issue to the applicant a copy of the application. The copy must be displayed in a suitable place on the rear window of a motor vehicle, or if a motorcycle, displayed on the motorcycle. The copy shall constitute compliance with the provisions of this chapter until such time as the license plates are received from the department. The copy of the application shall not have any value as compliance with the provisions of this chapter from and after the receipt of the license plates from the department.
[49-429, added 1988, ch. 265, sec. 91, p. 621; am. 1998, ch. 392, sec. 10, p. 1211.]
(1) Reregistration of vehicles shall be accomplished annually or by registration period in the same manner as the original registration and upon the payment of the required fee. The director may extend this date as to individuals, counties or the state for not to exceed forty-five (45) days for good cause shown.
(2) A violation of the provisions of this section shall be an infraction.
[49-430, added 1988, ch. 265, sec. 92, p. 622; am. 1989, ch. 310, sec. 17, p. 791.]
(1) Whenever the owner of a vehicle registered under the provisions of sections 49-402 and 49-402A, Idaho Code, transfers or assigns his title or interest thereto, the registration card and license plate shall remain with and in the possession of the transferor, and before the license plate shall be displayed upon another vehicle owned by the transferor, the transferor shall have that vehicle registered as provided for in section 49-401A, Idaho Code. The transfer fees collected shall be paid to the county treasurer where the vehicle is registered and deposited in the county current expense fund or in the state highway account if the transfer is made by the department.
(a) For all vehicles registered under the provisions of section 49-402(1), Idaho Code, the transferor shall pay the registration fee as specified in that subsection less the registration fee already paid, plus a transfer fee of five dollars ($5.00). If the transferor shall have an older vehicle to be registered, the transferor shall pay a transfer fee of five dollars ($5.00).
(b) For vehicles registered in accordance with subsections (2) through (4) of section 49-402, Idaho Code, the operating fee shall be the fee specified in those subsections, plus a transfer fee of five dollars ($5.00).
(c) For utility trailers registered under the provisions of section 49-402A, Idaho Code, the original registration shall continue until its expiration date, upon payment of a transfer fee of five dollars ($5.00).
(2) For all vehicles registered under the fee schedule in section 49-434, Idaho Code, except proportionally registered vehicles under section 49-435, Idaho Code, the transferor shall pay the registration fee as specified in that section less the registration fee already paid, plus a transfer fee of five dollars ($5.00).
(3) For all vehicles registered under section 49-435, Idaho Code, the transferor shall pay the registration fee as specified in section 49-434, Idaho Code, apportioned according to the provisions of section 49-435, Idaho Code, less the apportioned fee previously paid plus a transfer fee of eight dollars ($8.00).
(4) In the event of a transfer by operation of law of the title or interest of an owner in and to a vehicle registered as specified in sections 49-402, 49-402A, 49-434 and 49-435, Idaho Code, as upon inheritance, devise or bequest, order in bankruptcy or insolvency, execution sale, repossession upon default in performing the terms of a lease or executory sales contract, or otherwise, the registration shall expire and the registration card and plates shall be surrendered to the department. The vehicle shall not be operated upon the highways until and unless the person entitled thereto shall apply for and obtain a new registration card and plates in accordance with the provisions of section 49-401A, Idaho Code. However, an administrator, executor, trustee or other representative of the owner, or a sheriff or other officer, or legal representative of any such person may operate or cause to be operated any vehicle upon the highway from the place of removal or place where formerly kept by the owner to a place of keeping or storage, provided the place of removal and place of destination are both located within the state of Idaho, and after obtaining a written permit from the department of the local police authorities having jurisdiction of the highways and upon displaying in plain sight upon the vehicle a placard bearing the name and address of the person authorizing and directing such movement, the placard to be plainly readable from a distance of one hundred (100) feet during daylight.
[49-431, added 1988, ch. 265, sec. 93, p. 622; am. 1989, ch. 318, sec. 5, p. 822; am. 1992, ch. 35, sec. 19, p. 121; am. 1992, ch. 261, sec. 18, p. 769; am. 2007, ch. 22, sec. 1, p. 39.]
(1)(a) When a vehicle or combination of vehicles subject to registration is to be moved on the public highways in the state of Idaho, the department may issue a permit in lieu of registration for any vehicle or combination of vehicles upon the payment of a fee as set forth in the following schedule:
(i) One-hundred-twenty (120) hour permit
Single vehicle
Combination of vehicles, where such combination of vehicles includes more than one (1) unregistered vehicle
(ii) Fuel permit
(iii) Thirty (30) day unladen weight permit
(b) If an annual registration is purchased within thirty (30) calendar days of issuance of a permit under paragraph (a)(i) or (iii) of this subsection, the amount of the permit fee shall be applied to the registration fee. No portion of a permit fee is subject to refund.
(2)(a) Permits to operate a vehicle or combination of vehicles in excess of the registered maximum gross vehicle weight up to a maximum of one hundred twenty-nine thousand (129,000) pounds gross vehicle weight shall be:
(i) One hundred twenty (120) hour permit to increase gross weight
(ii) Thirty (30) day permit to increase gross vehicle weight:
| Maximum Registered | Temporary Permitted | | --- | --- | | Gross Weight of Vehicle | Maximum Gross Weight | | (Pounds) | (Pounds) |
| | 80,000 | 86,000 | 96,000 | 106,000 | 116,000 | 129,000 | | --- | --- | --- | --- | --- | --- | --- | | 50,001-60,000 | $225 | $250 | $275 | $300 | $325 | $350 |
(b) The permit issued pursuant to this subsection shall be specific to the motor vehicle to which it is issued. No permit or fee shall be transferable or apportionable to any other vehicle, nor shall any such fee be refundable. At the time of purchasing a permit, the applicant may purchase additional permits in any combination that does not exceed a maximum of ninety (90) days.
(3) Permits issued pursuant to subsection (1) or (2) of this section shall be limited to three (3) per vehicle in a calendar year, except for those permits provided for in subsection (1)(a)(ii) and (iii) of this section. The provisions of this subsection with respect to limiting the number of permits issued shall not apply to transporters and wreckers as defined in sections 49-121 and 49-124, Idaho Code, or to laden dealer and manufacturer plates as provided for in sections 49-411(4) and 49-1627(5), Idaho Code.
(4) A temporary permit shall be readily available in a form required by the rules of the board at all times while the vehicle is being operated.
(5) Any permit issued pursuant to subsection (1) or (2) of this section shall be purchased prior to movement of the vehicle on a highway, and such permit shall be in addition to and available only to a vehicle that is currently and validly registered in Idaho pursuant to subsection (1) of this section, 49-434(1), 49-434(8)(c) or 49-435, Idaho Code.
(6) The department may select vendors to serve as agents on state highways for the purpose of selling permits where fixed ports of entry do not adequately serve a respective highway entering the state. The vendor shall be remunerated at the rate of three dollars ($3.00) per permit sold, and he shall collect the fees specified in this section and pay the fees to the department. The vendor shall guarantee payment by giving a bond to the state in a sum as shall be fixed by the board, the premium on the bond to be paid by the department.
[49-432, added 1988, ch. 265, sec. 94, p. 623; am. 1998, ch. 265, sec. 1, p. 876; am. 2001, ch. 176, sec. 1, p. 599; am. 2001, ch. 355, sec. 2, p. 1244; am. 2003, ch. 315, sec. 1, p. 860; am. 2006, ch. 58, sec. 1, p. 182; am. 2008, ch. 336, sec. 1, p. 924; am. 2009, ch. 336, sec. 1, p. 973; am. 2010, ch. 330, sec. 1, p. 876; am. 2011, ch. 72, sec. 2, p. 153; am. 2023, ch. 3, sec. 1, p. 5; am. 2025, ch. 22, sec. 1, p. 65.]
(1) There shall be paid on all commercial vehicles, noncommercial vehicles, and on all farm vehicles having a maximum gross weight not in excess of sixty thousand (60,000) pounds, an annual registration fee or a staggered registration fee for the purpose of reregistration and notice of expiration in accordance with the following schedule.
| Unladen Weight for Wreckers | Annual Registration Fee | | | --- | --- | --- | | Maximum Gross Weight | Noncommercial and | Commercial | | For Other Vehicles (Pounds) | Farm Vehicles | Vehicles | | | | and Wreckers | | 8,001-16,000 inc. | $ 48.00 | $ 48.00 | | 16,001-26,000 inc. | 61.08 | 143.40 | | 26,001-30,000 inc. | 91.68 | 223.80 | | 30,001-40,000 inc. | 130.08 | 291.60 | | 40,001-50,000 inc. | 188.28 | 360.00 | | 50,001-60,000 inc. | 311.88 | 515.40 |
In addition to the registration fees provided for in this subsection, there shall be an additional registration fee imposed of twenty-five dollars ($25.00).
(2) There shall be paid on all commercial vehicles, irrespective of body type, and on all farm vehicles having a maximum gross weight in excess of sixty thousand (60,000) pounds, an annual registration fee in the amount prescribed by subsection (8) of this section, as applicable.
(3) In addition, the annual registration fee for trailers shall be:
(a) Trailer or semitrailer in a combination of vehicles
(b) Rental utility trailer with a gross weight of two thousand (2,000) pounds or less
(c) Rental utility trailer with a gross weight over two thousand (2,000) pounds
(4) As an option to the trailer and semitrailer and rental utility trailer annual registrations issued pursuant to subsection (3) of this section, the department may provide a nonexpiring plate and registration for trailers and semitrailers, and an optional, extended registration for rental utility trailers.
(a) For trailers and semitrailers, the nonexpiring registration fee shall be ninety-nine dollars ($99.00). The license plate shall remain on the trailer or semitrailer until the registration is canceled or revoked. No part of the fee is subject to refund. However, the registrant may transfer the nonexpiring plate and registration to another trailer or semitrailer titled to the registrant if the original registration date is prior to July 1, 2009. The registration document shall be the official record of the status of the nonexpiring registration, and no registration fee shall be required after the initial registration is paid. The owner may be issued an electronic copy of the registration card issued pursuant to this section.
(i) Registration of a trailer or semitrailer based in another jurisdiction may be issued when the registrant provides a valid jurisdiction title or ownership document and certification statement, and no title transfer will be required.
(ii) Periodic verification will be made to confirm ownership status. Failure of the owner to comply with the verification request to confirm ownership within thirty (30) days shall result in cancellation of the permanent plate registration.
(b) Idaho-based trailer manufacturers may purchase trailer and semitrailer registration from the department. The manufacturer may issue the annual registration to foreign-based purchasers utilizing a manufacturer’s certificate of origin or manufacturer’s statement of origin as proof of ownership. If the foreign-based purchaser subsequently obtains an Idaho nonexpiring registration as provided in paragraph (a) of this subsection prior to annual registration expiration, the amount of the annual registration fee shall be applied to the nonexpiring registration fee provided that the customer acquires a title for such vehicle.
(c) For rental utility trailers, the registrant may prepay the annual registration for an additional one (1), two (2), three (3) or four (4) years, but in no event shall the optional registration period extend beyond five (5) years. The fee shall be as specified in subsection (3)(b) or (c) of this section. The owner shall be issued a registration card or may request such card to be sent electronically. The expiration date shall be reflected on such registration card. The license plate shall become void if the owner’s interest in the rental utility trailer changes during the five (5) year period. If the owner fails to enter the rental utility trailer on the annual renewal application during the five (5) year period, the registration record shall be purged. Any unrenewed plate shall be returned to the department if it is not entered on the renewal application.
(5) A fleet registration option is available to owners who have twenty-five (25) or more commercial or farm vehicles or any combination thereof. Such owners may register all of their company vehicles with the department in lieu of registering with a county assessor. To qualify, the fleet must be owned and operated under the unified control of one (1) person and the vehicles must be physically garaged and maintained in two (2) or more counties. Fleet registration shall not include fleets of rental vehicles. The department shall provide a registration application to the owner, and the owner shall provide all information that the department determines is necessary. The department shall devise a special license plate numbering system for fleet-registered vehicles as an alternative to county license plates. The fleet registration application and all subsequent registration renewals shall include the physical address where a vehicle is principally used, garaged and maintained. The fleet owner shall report the physical address to the department upon initial registration, on each renewal, and at any time a vehicle registered under this option is permanently transferred to another location.
(6) If the ownership of a vehicle changes during the registration period, the original owner may transfer the plate to another vehicle. The remaining fee shall be credited against the cost of the new registration. Refunds may be given for any unexpired portion of the vehicle registration fee if the plate is not transferred by the owner to another vehicle. Any request for refund shall include surrender of the license plate and registration document, if a physical document was issued. Owners of vehicles registered under the international registration plan may request a refund of the unexpired portion of the Idaho vehicle registration fee by presenting evidence from the base jurisdiction that the license plate and registration document, if a physical document was issued, have been surrendered. A license plate shall not be transferred to another owner when the ownership of a vehicle changes. The owner shall obtain a replacement plate, if required, and a printed or electronic registration document when a plate is lost, destroyed, or becomes illegible.
(7) An administrative fee of four dollars ($4.00) shall be paid and deposited to the state highway account on all registrations completed by the department under subsection (1) or (8)(a) of this section. Vehicles registered under subsection (8)(b) of this section shall pay the fee provided in section 49-435(2), Idaho Code.
(8) There shall be paid on all commercial and farm vehicles having a maximum gross weight in excess of sixty thousand (60,000) pounds, a registration fee based upon the maximum gross weight of a vehicle as declared by the owner and the total number of miles driven on roads and highways in the state, county, city and highway district systems in Idaho, and if registered under the international registration plan (IRP), in all other jurisdictions. The appropriate registration fee shall be determined as follows:
(a) If the owner registers vehicles under the international registration plan (IRP), the appropriate mileage column shall be determined by the total miles an owner operated a fleet of vehicles on roads and highways in the state, county, city and highway district systems in Idaho and in all other jurisdictions in the preceding year, as defined in section 49-117, Idaho Code, and by the maximum gross weight of each vehicle within a fleet.
(b) If the owner registers vehicles under the international registration plan and determines that the average international registration plan fleet miles, calculated by dividing the total IRP fleet miles in all jurisdictions by the number of registered vehicles, is less than fifty thousand one (50,001) miles, the owner may apply to the department for refund of a portion of the registration fees paid, consistent with the fee schedules set forth in this section. The department shall provide an application for the refund. An owner making application for refund under this section shall be subject to auditing as provided in section 49-439, Idaho Code.
(c) If the owner is not registering vehicles under the international registration plan, the appropriate mileage column shall be determined by the total miles the owner operated each of the vehicles to be registered on roads and highways in the state, county, city and highway district systems in Idaho in the preceding year and by the maximum gross weight of each vehicle.
| Maximum Gross | | | | | | | --- | --- | --- | --- | --- | --- | | Weight of Vehicle | | | | | | | (Pounds) | Total Miles Driven | | | | | | | 1 to | 7,501 to | 20,001 to | 35,001 to | Over | | | 7,500 | 20,000 | 35,000 | 50,000 | 50,000 | | 60,001-62,000 | $223 | $ 511 | $ 789 | $1,068 | $1,560 | | 62,001-64,000 | $251 | $ 576 | $ 890 | $1,205 | $1,760 | | 64,001-66,000 | $280 | $ 642 | $ 992 | $1,342 | $1,960 | | 66,001-68,000 | $309 | $ 707 | $1,093 | $1,479 | $2,160 | | 68,001-70,000 | $337 | $ 773 | $1,194 | $1,615 | $2,360 | | 70,001-72,000 | $366 | $ 838 | $1,295 | $1,752 | $2,560 | | 72,001-74,000 | $394 | $ 904 | $1,396 | $1,889 | $2,760 | | 74,001-76,000 | $423 | $ 969 | $1,498 | $2,026 | $2,960 | | 76,001-78,000 | $451 | $1,035 | $1,599 | $2,163 | $3,160 | | 78,001-80,000 | $480 | $1,100 | $1,700 | $2,300 | $3,360 | | 80,001-82,000 | $494 | $1,133 | $1,751 | $2,368 | $3,460 | | 82,001-84,000 | $509 | $1,165 | $1,801 | $2,437 | $3,560 | | 84,001-86,000 | $523 | $1,198 | $1,852 | $2,505 | $3,660 | | 86,001-88,000 | $537 | $1,231 | $1,902 | $2,574 | $3,760 | | 88,001-90,000 | $551 | $1,264 | $1,953 | $2,642 | $3,860 | | 90,001-92,000 | $566 | $1,296 | $2,004 | $2,711 | $3,960 | | 92,001-94,000 | $580 | $1,329 | $2,054 | $2,779 | $4,060 | | 94,001-96,000 | $594 | $1,362 | $2,105 | $2,848 | $4,160 | | 96,001-98,000 | $609 | $1,395 | $2,155 | $2,916 | $4,260 | | 98,001-100,000 | $623 | $1,427 | $2,206 | $2,985 | $4,360 | | 100,001-102,000 | $637 | $1,460 | $2,257 | $3,053 | $4,460 | | 102,001-104,000 | $651 | $1,493 | $2,307 | $3,121 | $4,560 | | 104,001-106,000 | $666 | $1,526 | $2,358 | $3,190 | $4,660 | | 106,001-108,000 | $680 | $1,558 | $2,408 | $3,258 | $4,760 | | 108,001-110,000 | $694 | $1,591 | $2,459 | $3,327 | $4,860 | | 110,001-112,000 | $709 | $1,624 | $2,510 | $3,395 | $4,960 | | 112,001-114,000 | $723 | $1,657 | $2,560 | $3,464 | $5,060 | | 114,001-116,000 | $737 | $1,689 | $2,611 | $3,532 | $5,160 | | 116,001-118,000 | $751 | $1,722 | $2,661 | $3,601 | $5,260 | | 118,001-120,000 | $766 | $1,755 | $2,712 | $3,669 | $5,360 | | 120,001-122,000 | $780 | $1,788 | $2,763 | $3,738 | $5,460 | | 122,001-124,000 | $794 | $1,820 | $2,813 | $3,806 | $5,560 | | 124,001-126,000 | $809 | $1,853 | $2,864 | $3,874 | $5,660 | | 126,001-128,000 | $823 | $1,886 | $2,914 | $3,943 | $5,760 | | 128,001-129,000 | $837 | $1,918 | $2,965 | $4,011 | $5,860 |
In addition to the registration fees provided for in this subsection, there shall be an additional registration fee imposed of twenty-five dollars ($25.00).
(d) In addition to the fees set forth in paragraphs (a) and (c) of this subsection, an owner or operator may purchase a temporary permit as provided in section 49-432(2), Idaho Code, for operation of a vehicle at a weight in excess of the current, valid, registered maximum gross vehicle weight. The permit so issued shall be specific to the motor vehicle to which it is issued. No permit or fee shall be transferable or apportionable to any other vehicle, nor shall any such fee be refundable.
(e) Any commercial or farm vehicle registered for more than sixty thousand (60,000) pounds up to one hundred six thousand (106,000) pounds traveling fewer than two thousand five hundred (2,500) miles annually on roads and highways in the state, county, city and highway district systems in Idaho shall pay an annual registration fee of two hundred fifty-five dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not apply to vehicles registered under this paragraph.
(9)(a) During the first registration year that the fee schedule in subsection (8)(c) of this section is in use, an owner shall use the mileage data from the records used to report the mileage use fee in the immediately preceding year as the basis for determining the appropriate registration fee schedule.
(b) Any owner who registers a motor vehicle for the first time and who has no mileage history for the vehicle shall estimate the miles to determine the appropriate fee schedule in subsection (8)(c) of this section. When estimating the miles, the owner shall provide a statement on the application of the method used to arrive at the estimated miles.
(c) Any owner using any fee schedule other than the highest fee schedule under subsection (8)(c) of this section shall certify at the time of registration that the miles operated in the preceding year do not exceed the schedule applied for. Any owner using a fee schedule under subsection (8)(c) of this section that is less than the highest schedule shall maintain records to substantiate the use of the schedule as required by section 49-439, Idaho Code.
(10) An owner registering under subsection (8)(a) or (8)(c) of this section may elect to pay the full annual registration fee at the time of registration or renewal of registration, or an owner may pay at least one-quarter (1/4) of the annual registration fee due. The remainder of the annual Idaho registration fee shall be paid in three (3) equal installments on dates as billed by the department.
(11) An owner registering or renewing a registration under subsection (8) (a) of this section electing to use installment payments as provided in subsection (10) of this section shall pay all of the fees due to other IRP jurisdictions in addition to one-quarter (1/4) of the Idaho fee due at the time of registration or reregistration. The remainder of the annual Idaho registration fee shall be paid in three (3) equal installments on dates as billed by the department.
(12) If any vehicle or combinations of vehicles haul nonreducible loads, as authorized under the provisions of section 49-1004, Idaho Code, and weigh less than the starting weights per axle configuration listed in column 1 of section 49-1004(2), Idaho Code, then and in that event there shall be paid for that vehicle, in addition to the other fees required in this section, an additional use fee of 2.1 mills per mile for each two thousand (2,000) pounds or fraction thereof of the maximum gross weight in excess of those set forth in section 49-1001, Idaho Code.
[49-434, added 1988, ch. 265, sec. 96, p. 625; am. 1989, ch. 310, sec. 18, p. 791; am. 1989, ch. 318, sec. 6, p. 823; am. 1990, ch. 197, sec. 3, p. 441; am. 1991, ch. 295, sec. 2, p. 772; am. 1992, ch. 35, sec. 21, p. 123; am. 1992, ch. 253, sec. 1, p. 738; am. 1992, ch. 261, sec. 19, p. 771; am. 1993, ch. 273, sec. 1, p. 914; am. 1993, ch. 399, sec. 1, p. 1463; am. 1994, ch. 246, sec. 3, p. 767; am. 1994, ch. 311, sec. 2, p. 979; am. 1997, ch. 51, sec. 1, p. 87; am. 1998, ch. 108, sec. 1, p. 368; am. 1998, ch. 392, sec. 11, p. 1212; am. 2000, ch. 62, p. 134; am. 2000, ch. 418, sec. 7, p. 1340; am. 2001, ch. 73, sec. 11, p. 162; am. 2001, ch. 185, sec. 1, p. 643; am. 2001, ch. 353, sec. 1, p. 1235; am. 2001, ch. 355, sec. 3, p. 1245; am. 2007, ch. 23, sec. 1, p. 41; am. 2009, ch. 330, sec. 2, p. 942; am. 2013, ch. 88, sec. 3, p. 215; am. 2013, ch. 153, sec. 1, p. 356; am. 2015, ch. 341, sec. 2, p. 1278; am. 2020, ch. 125, sec. 5, p. 386; am. 2026, ch. 9, sec. 8, p. 71.]
Any motor vehicle or combination of vehicles operated in Idaho for which the proper registration and operating fees in Idaho have not been paid under the provisions of section 49-432, 49-434 or 49-435, Idaho Code, shall have committed a misdemeanor punishable as provided in section 49-1013, Idaho Code, and shall, upon discovery, be subject to the following additional penalties:
Seizure and detention for up to seventy-two (72) hours by any law enforcement agency or port of entry personnel of the vehicle and its entire cargo if the cargo does not consist of perishable food products or livestock;
(1) Release from detention shall be accomplished only by presentation of proper evidence that the applicable fees have been paid; or
(2) Off-loading of any cargo onto a properly licensed and registered vehicle.
[49-434A, added 1994, ch. 291, sec. 1, p. 912; am. 1995, ch. 251, sec. 1, p. 826; am. 1998, ch. 392, sec. 12, p. 1216; am. 2005, ch. 182, sec. 1, p. 557.]
(1) Any owner engaged in operating one (1) or more fleets of commercial vehicles may, in lieu of the registration fees imposed by section 49-434, Idaho Code, register each fleet for operation in this state by filing an application with the department that shall contain the information required by the international registration plan (IRP) agreement. Any owner who makes application for proportional registration under the provisions of the international registration plan shall comply with the terms and conditions of the IRP agreement.
(2) The department shall register the vehicle so described and identified and may issue license plates or other suitable identification device for each vehicle listed in the application upon payment of the fees required under subsections (1) and (8) of section 49-434, Idaho Code, and an additional identification charge of eight dollars ($8.00) per vehicle. The fees collected for the additional identification shall be deposited to the state highway account. A registration card shall be issued in print or electronically for each proportionally registered vehicle appropriately identifying it, which shall be carried and available on an electronic device or in or upon the vehicle identified at all times.
(3) Fleet vehicles so registered and identified shall be deemed to be fully licensed and registered in this state for any type of movement or operation.
(4) The right to the privilege and benefits of proportional registration of fleet vehicles extended by this section, or by any contract, agreement, arrangement or declaration made under the authority provided in section 49-201, Idaho Code, shall be subject to the condition that each fleet vehicle proportionally registered shall also be proportionally or otherwise properly registered in at least one (1) other jurisdiction during the period for which it is proportionally registered in this state.
(5) No provision of this section relating to proportional registration of fleet vehicles shall be construed as requiring any vehicle to be proportionally registered if it is otherwise registered in this state for the operation in which it is engaged, including regular registration or temporary trip permit.
[49-435, added 1988, ch. 265, sec. 97, p. 628; am. 1991, ch. 295, sec. 3, p. 774; am. 1992, ch. 261, sec. 20, p. 773; am. 1994, ch. 246, sec. 4, p. 771; am. 1994, ch. 311, sec. 3, p. 982; am. 2000, ch. 418, sec. 8, p. 1346; am. 2007, ch. 90, sec. 24, p. 261; am. 2020, ch. 125, sec. 6, p. 391.]
(1) When a motor vehicle registered under section 49-434 or 49-435, Idaho Code, has once been registered and during the year of that registration increases the maximum gross weight, the higher fee due for the weight increase shall be offset by the fee already paid. The fee already paid and the fee due shall be prorated by one-twelfth (1/12) for each month already expired in the registration period. The difference between the two (2) fees shall be the balance due for the remainder of the registration period. If an owner changes the weight during a registration period, the weight change shall not result in a refund of the fees already paid.
(2) If a motor vehicle is not operated on any highway during the first months of a registration period, the owner may at any time thereafter be registered for the remainder of the registration period on payment of all fees, rounded to the nearest whole dollar, as provided in this chapter, less one-twelfth (1/12) of such fees for each full calendar month which has expired prior to registering, but in no event shall the minimum fee be less than five dollars ($5.00).
[49-437, added 1988, ch. 265, sec. 99, p. 632; am. 1992, ch. 35, sec. 23, p. 127; am. 1998, ch. 392, sec. 14, p. 1220; am. 2000, ch. 418, sec. 11, p. 1348; am. 2007, ch. 22, sec. 2, p. 40; am. 2014, ch. 38, sec. 7, p. 76.]
(1) Any person who shall operate, cause, permit, or suffer to be operated upon any highway any vehicle or combination of vehicles with a gross weight in excess of the registered maximum gross weight of the vehicle specified in this title shall have committed a violation under the infraction or misdemeanor provisions of section 49-1013, Idaho Code.
(2) Any person who shall operate, cause, permit, or suffer to be operated upon any highway any vehicle or combination of vehicles with a gross weight in excess of the registered maximum gross weight not authorized by a valid permit issued pursuant to section 49-432, Idaho Code, shall have committed a violation under the infraction or misdemeanor provisions of section 49-1013, Idaho Code.
[49-438, added 1988, ch. 265, sec. 100, p. 633; am. 1991, ch. 295, sec. 5, p. 779; am. 1993, ch. 273, sec. 3, p. 921; am. 2000, ch. 418, sec. 12, p. 1349; am. 2001, ch. 355, sec. 4, p. 1249.]
(1) The state tax commission on behalf of the department may audit an owner of motor vehicles subject to fees pursuant to this chapter.
(2) Every owner whose fees are computed as specified in section 49-434 or 49-435, Idaho Code, except those registering under subsection (8)(c) of section 49-434, Idaho Code, for over fifty thousand (50,000) miles driven, shall maintain records and permit the state tax commission to inspect the records upon request to substantiate that the actual miles traveled, if using a mileage schedule in subsection (8)(c) of section 49-434, Idaho Code, are less than the maximum mileage schedule.
(3) When the records are maintained outside this state by owners engaged in transportation in this state, the owner shall reimburse the state tax commission for reasonable expenses incurred by the state tax commission in conducting audits of those records and accounts at the out-of-state location. The owner or the state tax commission may request that the records be presented at a place within the state designated by the state tax commission. The records must be presented by a representative of the owner who is familiar with the records and who is responsible for the safekeeping of the records.
(4) Every owner is required to maintain records for the current year and the three (3) years immediately preceding. If an assessment has been made, such audit assessment may be collected by a proceeding in court within a period of three (3) years after the assessment or a final order entered pursuant to subsection (7) of this section.
(5) An owner who fails to maintain records as required by the provisions of this section may have the registration of all vehicles registered under section 49-434 or 49-435, Idaho Code, suspended until such time as adequate records as required by the provisions of this section are provided. In the event that the owner does not produce records, the state tax commission may generate a notice of deficiency based on an estimate of the operation. The state tax commission shall develop a methodology to be used to calculate a notice of deficiency based on an estimate of the operation. That methodology shall be in accordance with the international registration plan and international fuel tax agreement guidelines.
(6) The state tax commission shall provide the carrier with notice of deficiency and the opportunity to use the appeals process prior to a suspension. An owner may contest a notice of deficiency made by the state tax commission within thirty (30) days from receipt of the notice by filing an appeal in accordance with sections 63-3045, 63-3045B, 63-3047, 63-3048 and 63-3049, Idaho Code.
(7) An owner, as identified by the state tax commission, who fails to pay any audit assessment due is subject to suspension of vehicle registrations. A reinstatement fee of forty dollars ($40.00) shall be imposed in addition to a penalty of ten percent (10%) of the amount of audit assessment determined to be due, plus interest of one percent (1%) of the amount of the audit assessment due for each month or fraction thereof after the original registration fee became due. An order suspending the vehicle registration shall be mailed to the owner by the department. The suspension shall be canceled if the payment due is made, plus penalty and interest, along with the reinstatement fee of forty dollars ($40.00) per carrier within fifteen (15) days after receipt of the suspension order. The reinstatement fees shall be deposited to the state highway account. The department shall not reregister or permit a vehicle to operate on a trip permit until all audit assessments, penalties and interest have been paid.
[49-439, added 1993, ch. 138, sec. 1, p. 342; am. 2000, ch. 418, sec. 13, p. 1349; am. 2004, ch. 234, sec. 2, p. 691.]
(1) The assessor or the department shall furnish to every owner whose vehicle is registered or licensed by that office, pursuant to sections 49-402 and 49-402A, Idaho Code, one (1) license plate for vehicles registered under the provisions of section 49-406, 49-406A or 49-408, Idaho Code, or a motorcycle, trailer, truck-tractor, or semitrailer; one (1) restricted vehicle license plate for all-terrain vehicles, utility type vehicles and motorbikes licensed pursuant to this chapter; and two (2) license plates for every other motor vehicle. If a vehicle is issued one (1) plate only, that plate shall be displayed in accordance with the provisions of section 49-428, Idaho Code. For vehicles registered under the provisions of section 49-407, Idaho Code, the applicant shall provide one (1) plate to be displayed on the rear of the vehicle.
(a) Commencing January 1, 1992, the color and design of the plates shall be comparable to the color and design of the statehood centennial issue of license plates with blue numerals and letters on a multicolored red, white and blue background. Each license plate must bear on its face the inscriptions "Famous Potatoes" and "Scenic Idaho." The restricted vehicle license plate for all-terrain vehicles, utility type vehicles and motorbikes shall be a white background with black numerals and letters, with "Idaho Restricted Vehicle" and no other inscription. The restricted vehicle license plate shall be the same size required for the motorcycle license plate.
(b) Every license plate shall have displayed on it the registration number assigned to the vehicle and its owner and the name "Idaho," which may be abbreviated. The plates issued under the provisions of section 49-402(1), Idaho Code, and the required letters and numerals, including an identification of the county in which the motor vehicle to which the plates will be affixed is registered, shall be of sufficient size to be plainly readable from a distance of seventy-five (75) feet during daylight, and each license plate shall be treated with a fully reflectorized material according to specifications prescribed by the board.
(2) License plates shall be valid for as long as they are readable and legible and comply with section 49-428, Idaho Code. For specialty license plate programs discontinued pursuant to the provisions of section 49-402C, Idaho Code, a registrant with a specialty license plate currently registered under the program may use such license plate as long as the license plate is readable and legible. This provision is intended to permit the use of the specialty plate by the registrant regardless of the number of persons who purchase the specialty plate. The registrant shall be required to pay the special plate program fees provided for specialty plates pursuant to this chapter. Such fees shall be deposited into the state highway account. For purposes of section 49-434, Idaho Code, as it applies to commercial vehicles, and section 49-435, Idaho Code, the department shall provide new plates bearing the same number or, upon request from the registered owner, the next available number.
(3) If registration is not renewed within sixty (60) days of its expiration, the related plate number shall be available for use by another registrant. To obtain a specific number in the recycled license plate number file, the owner of a registered vehicle may contact the county regarding availability. The provisions of this subsection shall apply only to vehicles registered under the provisions of section 49-402(1), Idaho Code, and section 49-434(1), Idaho Code, as it applies to noncommercial vehicles.
(4) License plates for utility trailers registered under the provisions of section 49-402A, Idaho Code, that are issued for five (5) or ten (10) years and license plates for rental utility trailers registered under the provisions of section 49-434, Idaho Code, that are issued for up to five (5) years shall use the design in effect on the date of manufacture. If a design change occurs, plates from the effective date of the design change shall be manufactured using the new design. Unexpired plates need not be reissued to conform to a design change.
(5) For license plates that are lost, stolen, mutilated, or illegible, the owner shall apply for a duplicate or substitute. License plates issued for state, county and city motor vehicles shall remain on the vehicle for which issued from year to year and need no renewal.
(6) Whenever a vehicle is completely destroyed by fire or accident and the operator submits satisfactory proof of that destruction to the department or appropriate assessor’s office, or the owner wishes to transfer the remaining registration, use increment and fees shall be transferred to the replacement vehicle for a service transfer fee of five dollars ($5.00), which fee shall be retained by the registering authority. None of the original fees shall be subject to refund.
(7) The department shall furnish a printed or an electronic copy of the registration card to every owner whose vehicle is registered under sections 49-434 and 49-435, Idaho Code.
(8) The board shall have authority to require the return to the department of all license plates and registration cards upon termination of the lawful use of them by the owner.
(9) The board may promulgate such rules as are necessary to implement the provisions of this section.
[49-443, added 1992, ch. 186, sec. 3, p. 579; am. 1996, ch. 396, sec. 2, p. 1327; am. 1997, ch. 129, sec. 10, p. 391; am. 1998, ch. 392, sec. 15, p. 1221; am. 2001, ch. 73, sec. 12, p. 165; am. 2007, ch. 23, sec. 2, p. 45; am. 2008, ch. 409, sec. 6, p. 1132; am. 2013, ch. 96, sec. 1, p. 233; am. 2014, ch. 38, sec. 8, p. 76; am. 2016, ch. 121, sec. 1, p. 353; am. 2020, ch. 86, sec. 1, p. 230; am. 2020, ch. 125, sec. 7, p. 392; am. 2021, ch. 321, sec. 36, p. 979; am. 2026, ch. 9, sec. 9, p. 76; am. 2026, ch. 29, sec. 1, p. 125.]
(1) License plates for state vehicles and vehicles belonging to taxing districts shall be valid for such time as they are in compliance with section 49-443(2), Idaho Code, and shall remain on the vehicle to which it is issued until transferred to another vehicle or until it is canceled by the department. The department shall be reimbursed by state agencies and the taxing districts for the cost of providing license plates. The department may develop rules to administer this license plate program.
(2) Each license plate issued pursuant to this section shall bear a designator to identify the agency, entity or office to which a vehicle belongs. The designators shall be as follows:
| Designator | Agency, entity, office, or plate type | | --- | --- | | C | School district or miscellaneous city or county agencies, entities or offices | | D | Highway district | | F | Fire district | | G | Fish and game | | H | Department of health and welfare | | ISP | Idaho state police | | J | Department of commerce or department of labor | | L | Law enforcement | | P | City police | | R | Department of parks and recreation | | SO | Sheriff’s office | | T | Department of transportation | | X | Miscellaneous state agencies, entities or offices | | Y | Irrigation district | | Z | Department of lands |
(3) Personalized or specialty license plates are exempt from the provisions of subsection (2) of this section.
[49-443B, added 1992, ch. 35, sec. 27, p. 130; am. 2014, ch. 38, sec. 9, p. 78; am. 2018, ch. 93, sec. 3, p. 200; am. 2020, ch. 86, sec. 2, p. 232; am. 2025, ch. 22, sec. 2, p. 66; am. 2026, ch. 29, sec. 2, p. 127.]
An applicant for a recreational vehicle registration shall be required to obtain a recreational vehicle annual license as provided in sections 49-445 through 49-448, Idaho Code, in conjunction with the registration. Truck campers need not be registered before the county assessor can issue a recreational vehicle annual license.
[49-444, added 1988, ch. 265, sec. 104, p. 638; am. 1998, ch. 392, sec. 16, p. 1223.]
(1) There is levied and there shall be collected an annual license fee on each recreational vehicle in Idaho, except recreational vehicles in possession of a manufacturer or dealer and offered for sale or resale. If the recreational vehicle is registered as a motor vehicle under the provisions of this chapter, the annual license fee imposed in this section shall be in addition to and not in lieu of the motor vehicle registration fees. Initial license fees for recreational vehicles shall be prorated on a monthly basis for a new owner. Subsequent renewals of the annual license shall require annual fees regardless of the registration date.
(2) The annual license fee imposed upon each recreational vehicle shall be eight dollars and fifty cents ($8.50) for a market value of one thousand dollars ($1,000) or less, and an additional five dollars ($5.00) for each additional one thousand dollars ($1,000) or portion of it, of market value.
(3) Payment of the annual license fee shall license the recreational vehicle for a calendar year, irrespective of the month in which it is registered, change of ownership of the vehicle, or change of county of residence of the owner. The recreational vehicle annual license shall expire midnight December 31 of each year.
(4) The license sticker shall be placed on the rear of the recreational vehicle in a manner that is completely visible and shall be kept in a legible condition at all times.
(5) A recreational vehicle that conformed with the definition of a park model recreational vehicle in section 49-117, Idaho Code, when new, may be:
(a) Titled under the provisions of chapter 5, title 49, Idaho Code; and
(b) Licensed and registered under the provisions of this chapter unless it:
(i) Is permanently attached to a foundation;
(ii) Has an attached building addition; or
(iii) Has been substantially modified in such a way that it no longer meets the definition of a park model recreational vehicle in section 49-117, Idaho Code.
[49-445, added 1988, ch. 265, sec. 105, p. 639; am. 1993, ch. 286, sec. 1, p. 974; am. 2013, ch. 17, sec. 1, p. 27; am. 2017, ch. 134, sec. 7, p. 319.]
(1) The county assessor shall administer and collect the recreational vehicle annual license fee.
(2) Market value of recreational vehicles shall be determined by the county assessor according to the rules and regulations of the state tax commission. Whenever indices are available, the rules and regulations shall use any standard industry indices of retail value of recreational vehicles to determine market value.
[49-446, added 1988, ch. 265, sec. 106, p. 640.]
The department of parks and recreation shall devise and provide to county assessors suitable identification stickers for attachment to or placement on recreational vehicles to indicate that the annual recreational vehicle license fee has been paid. The sticker shall be of suitable size and design for easy identification, and shall show the year and month of the year in which the license expires. The department shall also provide suitable license forms and all other forms required for the purpose of licensing and shall prepay all charges including mailing fees. Each recreational vehicle license shall be filed annually by the department under a distinctive number assigned to the vehicle and alphabetically under the name of the owner.
[49-447, added 1988, ch. 265, sec. 107, p. 640; am. 1992, ch. 35, sec. 28, p. 130.]
Except as provided in subsection (3) of this section, the revenues received from the annual license fees imposed by section 49-445, Idaho Code, for recreational vehicle registration shall be paid over monthly to the county treasurer, to be distributed as follows:
(1) Two dollars ($2.00) from each recreational vehicle license sold shall be apportioned to the county current expense fund, which shall be deemed necessary costs of collection and administration;
(2) From the balance remaining, ninety-nine percent (99%) shall be transmitted to the state treasurer for deposit in a fund known as the "state recreational vehicle fund," which is established in the state treasury, and one percent (1%) shall be distributed to the search and rescue fund created in section 67-2913, Idaho Code;
(3) One hundred percent (100%) of the revenues received from the annual license fees for the registration of each park model recreational vehicle of such size and weight as to require a special highway movement permit shall be apportioned to the county current expense fund where the park model recreational vehicle is located.
[49-448, added 1988, ch. 265, sec. 108, p. 640; am. 1989, ch. 310, sec. 20, p. 795; am. 1993, ch. 286, sec. 2, p. 974; am. 2000, ch. 186, sec. 2, p. 458; am. 2017, ch. 134, sec. 8, p. 320.]
Whenever the owner of any motor vehicle, trailer or semitrailer which is stolen files an affidavit with a law enforcement agency alleging such fact, the department shall cancel the registration of such vehicle upon the request of the owner.
[49-449, added 1988, ch. 265, sec. 109, p. 641; am. 1992, ch. 35, sec. 29, p. 130; am. 1998, ch. 392, sec. 17, p. 1223.]
In addition to the vehicle registration fee provided by law, whenever any plate is issued for vehicle registration, there shall be charged a fee of three dollars and seventy-five cents ($3.75) per plate, which shall be deposited into the plate manufacturing account created in section 49-450A, Idaho Code. The actual cost of producing and distributing license plates shall be paid from the plate manufacturing account. The difference between deposits into the account and disbursements out of the account not anticipated for future production cost increases shall be transferred by the state controller from the plate manufacturing account to the highway distribution account as established in section 40-701, Idaho Code, for apportionment as designated in that section.
[49-450, added 1988, ch. 265, sec. 110, p. 641; am. 1989, ch. 263, sec. 1, p. 642; am. 1990, ch. 233, sec. 1, p. 666; am. 1996, ch. 397, sec. 1, p. 1329; am. 2005, ch. 160, sec. 1, p. 492; am. 2017, ch. 233, sec. 16, p. 573; am. 2026, ch. 223, sec. 4, p. 999.]
There is hereby created in the state treasury an account to be known as the "plate manufacturing account" for the purpose of paying the actual cost to produce and distribute license plates and to pay costs related to use of the centennial design on the license plate. All moneys in this account are hereby continuously appropriated to the department. Any additional funds required to pay plate production and distribution costs will be transferred by the state controller from the state highway account. Once an adequate cash balance has accumulated in the plate manufacturing account, the state controller will transfer funds from the plate manufacturing account to reimburse the state highway account.
[49-450A, added 1989, ch. 263, sec. 2, p. 642; am. 1990, ch. 233, sec. 2, p. 666; am. 1994, ch. 180, sec. 89, p. 487; am. 2005, ch. 160, sec. 2, p. 493; am. 2017, ch. 233, sec. 17, p. 573.]
(1) A car rental company may include separately stated surcharges, fees or charges in a rental agreement, which may include, but shall not be limited to, vehicle license cost recovery fees, airport access fees, airport concession fees and all applicable taxes.
(2) If a car rental company includes a vehicle license cost recovery fee as a separately stated charge in a rental transaction, the amount of the fee shall represent the car rental company’s good-faith estimate of the car rental company’s daily charge as calculated by the car rental company to recover its actual total annual motor vehicle licensing, titling, registration, plating and inspection costs.
(3) If the total amount of the vehicle license cost recovery fees collected by a car rental company under this section in any calendar year exceeds the car rental company’s actual costs to license, title, register and plate motor vehicles and have the same inspected for that calendar year, the car rental company shall retain the excess amount and adjust the estimated average per vehicle licensing, titling, registration, plating and inspection charge for the following calendar year by a corresponding amount.
(4) For purposes of this section, "vehicle license cost recovery fee" means a charge that may be separately stated and charged on the rental contract in a vehicle rental transaction originating in this state to recover costs incurred by a car rental company to license, title, register, plate and inspect rental vehicles.
[49-451, added 2010, ch. 262, sec. 1, p. 664.]
(1) An emergency medical services fee of one dollar and twenty-five cents ($1.25) shall be collected in addition to each motor vehicle registration fee amount collected under the provisions of this chapter, with the exception of those vehicles proportionally registered under section 49-435, Idaho Code. Twenty-five cents (25¢) of the fee shall be retained by the county of residence for use in funding local emergency medical service costs. One dollar ($1.00) of the fee shall be transmitted to the state treasurer for deposit in the emergency medical services fund established in section 57-829, Idaho Code.
(2) For vehicles registered under the provisions of section 49-402B, Idaho Code, the fee shall be two dollars and fifty cents ($2.50). Fifty cents (50¢) of the fee shall be retained by the county of residence for use in funding local emergency medical services costs. Two dollars ($2.00) of the fee shall be transmitted to the state treasurer for deposit in the emergency medical services fund established in section 57-829, Idaho Code.
[49-452, added 1988, ch. 265, sec. 112, p. 641; am. 1990, ch. 139, sec. 1, p. 315; am. 1999, ch. 90, sec. 3, p. 292; am. 2001, ch. 110, sec. 50, p. 399; am. 2025, ch. 94, sec. 30, p. 483.]
A motorcycle safety program fee of six dollars ($6.00) shall be collected in addition to each motorcycle registration fee assessed pursuant to section 49-402, Idaho Code. Such fees shall be deposited to the motorcycle safety program fund established in section 33-4904, Idaho Code.
[49-453, added 2005, ch. 308, sec. 2, p. 960.]
(1) A project choice program fee of three dollars ($3.00) shall be collected in addition to each registration fee assessed pursuant to section 49-402(1), (2) or (3), 49-411, 49-412 or 49-434(1), Idaho Code. Such fees shall be deposited to the Idaho law enforcement fund established in section 67-2914, Idaho Code.
(2) The project choice program fee shall be collected and deposited pursuant to subsection (1) of this section for registrations for calendar year 2007 and thereafter.
(3) The project choice fee shall be used, subject to appropriation, exclusively for the purposes of creating a career ladder within the Idaho state police and to provide salaries to encourage the hiring and retention of trained and qualified employees for Idaho state police positions. Idaho state police personnel who have participated in and benefited from the use of the project choice fee, as of July 1, 2010, shall continue to participate in and benefit from the project choice fee while employed by the Idaho state police. Provided however, that beginning July 1, 2010, the use of the project choice fee shall be restricted in the following manner: the project choice fee shall be used exclusively for the purposes of creating a career ladder for commissioned officers, dispatch personnel and forensic personnel within the Idaho state police; and to provide salaries to encourage the hiring and retention of trained and qualified commissioned officers, dispatch personnel and forensic personnel.
[49-454, added 2006, ch. 227, sec. 1, p. 679; am. 2010, ch. 177, sec. 1, p. 365.]
It shall be unlawful for any person:
(1) To operate or for the owner to permit the operation upon a highway of any motor vehicle, trailer or semitrailer that is not registered and that does not have attached and displayed the license plates assigned to it for the current registration year, subject to the exemptions allowed in sections 49-426, 49-431 and 49-432, Idaho Code.
(2) To operate or for the owner to permit the operation on state and federal lands or upon highways, or sections of highways, as permitted under section 49-426(3) and (4), Idaho Code, any all-terrain vehicle, utility type vehicle or motorbike that does not have a valid and properly displayed restricted license plate issued pursuant to this chapter and attached validation sticker issued pursuant to section 67-7122 or 67-7124, Idaho Code, subject to the exemptions allowed in section 49-426(2), Idaho Code.
(3) To display or cause or permit to be displayed, or to have in possession, any registration card or license plate knowing the same to be fictitious or to have been canceled, revoked, suspended or altered.
(4) To lend or knowingly permit the use by one not entitled to any registration card or license plate issued to the person so lending or permitting that use.
(5) To fail or refuse to surrender to the department, upon demand, any registration card or license plate that has been suspended, canceled or revoked.
(6) To use a false or fictitious name or address in any application for the registration of any vehicle, or for any renewal or duplicate, or knowingly to make a false statement or conceal a material fact or otherwise commit a fraud in any application.
[49-456, added 1988, ch. 265, sec. 114, p. 642; am. 1992, ch. 35, sec. 31, p. 131; am. 2008, ch. 409, sec. 7, p. 1134; am. 2009, ch. 157, sec. 9, p. 469; am. 2021, ch. 149, sec. 29, p. 420.]
(1) An electric vehicle fee of one hundred forty dollars ($140) shall be collected in addition to all other registration fees assessed pursuant to this chapter on each electric vehicle registered. Provided however, the provisions of this subsection shall not apply to neighborhood electric vehicles as defined in sections 49-115 and 49-123, Idaho Code.
(2) A plug-in hybrid vehicle fee of seventy-five dollars ($75.00) shall be collected in addition to all other registration fees assessed pursuant to this chapter on each plug-in hybrid vehicle registered.
(3) All fees provided for in this section shall be deposited to the highway distribution account as established in section 40-701, Idaho Code, and shall be apportioned as provided for in that section.
(4) For purposes of this chapter, "electric vehicle" means a vehicle powered only by a form of electricity and "plug-in hybrid vehicle" means a motor vehicle with a hybrid propulsion system that operates on both electricity obtained from the grid and traditional fuel.
[49-457, added 2015, ch. 341, sec. 3, p. 1282; am. 2017, ch. 43, sec. 1, p. 63.]
Notwithstanding any provisions of law to the contrary, a vehicle built for the United States armed forces may be registered and operated on public highways of this state, because such vehicles were manufactured in accordance with department of defense military safety standards. A federal form 97 shall be provided at the time of registration. If no federal form 97 is available, the applicant may apply for a conditional title.
[49-458, added 2018, ch. 237, sec. 1, p. 556.]
(1) The provisions of this chapter shall apply to every vehicle required to be registered with the department in chapter 4, title 49, Idaho Code.
(2) In addition, the titling requirements of this chapter shall apply to the following vehicles which are not required to be registered under the provisions of chapter 4, title 49, Idaho Code:
(a) All-terrain vehicles, motorbikes, snowmobiles and utility type vehicles as defined in section 67-7101, Idaho Code, except that such vehicles having an internal combustion engine with a displacement of less than fifty (50) cubic centimeters will not be titled;
(b) Manufactured homes as defined in section 39-4105, Idaho Code;
(c) Recreational vehicles that conformed with the definition of a park model recreational vehicle in section 49-117, Idaho Code, when new, that are not registered; and
(d) Truck campers as defined in section 49-121, Idaho Code, that were originally constructed with an overall length of six (6) feet or longer. Titling is optional for truck campers acquired before January 1, 2009. Liens and encumbrances on truck campers that were filed with the office of the secretary of state in compliance with chapter 9, title 28, Idaho Code, prior to January 1, 2009, shall be in full force and effect until said lien or encumbrance is satisfied and released by the lienholder who perfected the original lien or encumbrance.
(3) Certain vehicles which are required to be registered under the provisions of chapter 4, title 49, Idaho Code, shall be exempt from the titling requirements of this chapter as follows:
(a) Utility trailers whose unladen weight is less than two thousand (2,000) pounds; and
(b) The board may, by rule, exempt vehicles and motor vehicles registered under the provisions of sections 49-434 and 49-435, Idaho Code, from the titling requirements of this chapter.
(4) Vehicles exempt from registration under the provisions of section 49-426, Idaho Code, are exempt from the titling requirements of this chapter, unless otherwise specifically required by the provisions of subsection (2) of this section.
[49-501, added 1988, ch. 265, sec. 116, p. 643; am. 1989, ch. 358, sec. 1, p. 900; am. 1999, ch. 170, sec. 3, p. 460; am. 2006, ch. 42, sec. 6, p. 128; am. 2008, ch. 106, sec. 3, p. 300; am. 2008, ch. 198, sec. 6, p. 642; am. 2017, ch. 134, sec. 9, p. 320.]
The procedures provided in this chapter shall apply to all vessel titling programs referenced in chapter 70, title 67, Idaho Code. Unless otherwise provided, any reference to "vehicle" in this chapter shall also mean "vessel."
[49-501A, added 1999, ch. 298, sec. 2, p. 750; am. 2001, ch. 73, sec. 13, p. 167.]
(1) No person shall sell or otherwise dispose of a vehicle without delivery to the purchaser or transferee a certificate of title with an assignment as necessary to show title in the purchaser or transferee except as provided for in subsection (2) of this section.
(2) The owner shown on the records of the department of any vehicle that has a 2010 or older model year or has a model year at least twenty (20) years old when transferred after January 1, 2031, or is over sixteen thousand (16,000) pounds gross vehicle weight or has no odometer device, or the owner of any vessel that has a certificate of title that has become lost, mutilated or illegible, may dispose of such vehicle or vessel by delivering to the purchaser or transferee a completed application for duplicate title, together with an assignment as necessary to show title in the purchaser or transferee. To obtain a certificate of title, the purchaser or transferee shall pay the fees pursuant to section 49-202(2)(b), Idaho Code.
(3) No resident shall purchase or otherwise acquire or bring into the state a vehicle except for temporary use as provided by section 49-432, Idaho Code, unless he shall obtain a certificate of title in his name in accordance with the provisions of this chapter.
(4) Any dealer holding a current Idaho dealer license may, in lieu of having a certificate of title issued in his name, reassign either any existing certificate of title issued in this state or any application of duplicate certificate of title completed pursuant to subsection (2) of this section.
[49-502, added 1988, ch. 265, sec. 117, p. 643; am. 2010, ch. 36, sec. 1, p. 66; am. 2014, ch. 38, sec. 10, p. 78; am. 2021, ch. 69, sec. 1, p. 251.]
Except as provided in sections 49-502, 49-510 through 49-512 and 49-514, Idaho Code, no person acquiring a vehicle from the owner, whether the owner is a dealer or otherwise, shall acquire any right, title, claim or interest in or to the vehicle until he has issued to him a certificate of title to that vehicle, nor shall any waiver or estoppel operate in favor of that person against a person having possession of a certificate of title or an assignment of the certificate of the vehicle for a valuable consideration.
[49-503, added 1988, ch. 265, sec. 118, p. 643.]
(1) Application for a certificate of title shall be made on a form furnished by the department and shall contain the owner’s Idaho driver’s license number, Idaho identification card number or social security number or individual taxpayer identification number. In the case of a business, the employer tax identification number is required. Every application shall also contain the owner’s true and full legal name, and every applicant must submit proof of identity pursuant to section 49-306, Idaho Code, if he has not already done so. In the event that the owner does not possess a social security number, the owner shall present written documentation sufficient to the department to determine that no social security number has been issued. In the event that a business, trust, or other statutorily created entity is not required to have and does not possess an employer tax identification number, the applicant shall provide a written statement certifying that the entity does not possess an employer tax identification number. The form must contain the owner’s physical domicile address or, in the case of a business, trust or other statutorily created entity, such entity’s physical address and any mailing address if different from the physical address. If the owner has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the owner may state, in the application required pursuant to this section, the applicant’s alternative Idaho mailing address in place of his or her physical domicile address. Such application must be signed by the owner and contain a full description of the vehicle, including the make, identification numbers, and the odometer reading at the time of sale or transfer, and whether the vehicle is new or used, together with a statement of the applicant’s title and of any liens or encumbrances on the vehicle, and the name and address of the person to whom the certificate of title shall be delivered, and any other information as the department may require. The application shall be filed with the department and, if a certificate of title has previously been issued for that vehicle in this state, shall be accompanied by the certificate of title duly assigned, unless otherwise provided for in this chapter. The department may promulgate rules to provide for exceptions to the odometer requirement. Social security numbers collected shall not appear on certificates of title, and all applications on file shall be exempt from disclosure, except as provided in sections 49-202, 49-203 and 49-203A, Idaho Code.
(2) If the current certificate of title was not issued for the vehicle in this state, the application, unless otherwise provided for in this chapter, shall be accompanied by a certificate of title, bill of sale, electronic motor vehicle record, or other evidence of ownership required by the law of any other jurisdiction from which the vehicle was brought into this state and a vehicle identification number inspection completed by any city, county or state peace officer or other special agent authorized by the department.
(3) In the case of a new vehicle being titled for the first time, no certificate of title or registration shall be issued unless the application is endorsed by a franchised new vehicle dealer licensed to sell a new vehicle. Each application shall be accompanied by a statement completed by the franchised new car dealer that it is authorized to transfer the vehicle to the purchaser. The dealer shall retain in its records a manufacturer’s certificate of origin or manufacturer’s statement of origin executed by the manufacturer and delivered to his agent or his franchised vehicle dealer. The certificate or statement of origin shall be in a form prescribed by the board and shall contain the year of manufacture or the model year of the vehicle, the manufacturer’s vehicle identification number, the name of the manufacturer, the number of cylinders, a general description of the body, if any, and the type or model. Upon sale of a new vehicle, the manufacturer or his agent or franchised dealer shall execute and deliver to the purchaser an assignment of the certificate or statement, together with any lien or encumbrance to which the vehicle is subject. The certificate or statement will be retained by the dealer for five (5) years so that it is available for inspection by the department.
(4) The department shall retain the evidence of title presented by the applicant and on which the certificate of title is issued. The department shall maintain an identification numbers index of registered vehicles, but said index is not required to include operators who have been issued a certificate of number or nonresident user certificate pursuant to sections 67-7122 and 67-7124, Idaho Code, and upon receiving an application for a certificate of title shall first check the identification number shown in the application against the index. The department, when satisfied that the applicant is the owner of the vehicle and that the application is in proper form, shall issue in the name of the owner of the vehicle a certificate of title bearing a title number, the date issued and a description of the vehicle as determined by the department, together with a statement of the owner’s title and of all liens or encumbrances on the vehicle, and whether possession is held by the owner under a lease, contract or conditional sale, or other like agreement.
(5) In all cases of transfer of vehicles, the application for certificates of title shall be filed within thirty (30) calendar days after the delivery of the vehicles. Licensed dealers need not apply for certificate of title for vehicles in stock or when they are acquired for stock purposes.
(6) In the case of the sale of a vehicle by a dealer to a general purchaser or user, the certificate of title shall be obtained in the name of the purchaser by the dealer upon application signed by the purchaser. If a lien is to be recorded, the title documentation as required in this section shall be submitted to the department by the dealer or the lienholder upon application signed by the purchaser. A copy of this application shall be given to the purchaser to be used as a seventy-two (72) hour temporary permit, unless the application is submitted by an electronic means approved by the department, in which case a forty-five (45) calendar day temporary permit may be issued. In all other cases, the certificates shall be obtained by the purchaser and the certificate of title properly assigned and dated by the seller, or the seller’s bill of sale shall serve as a seventy-two (72) hour permit. The seventy-two (72) hour time period for temporary permits shall be calculated excluding weekend days and legal holidays observed by the state of Idaho. These temporary permits allow operation of any noncommercial vehicle or unladened commercial vehicle or vehicle combination without license plates for the period of time specified in the permit. A ladened commercial vehicle or vehicle combination may also operate without license plates for the period of time specified in the temporary permit, provided that the owner or operator has also obtained a permit issued under the provisions of section 49-432, Idaho Code.
(7) If the vehicle has no identification number, then the department shall designate an identification number for that vehicle at the time of issuance of the certificate of title. The identification number shall be permanently affixed to or indented on the frame of the vehicle and legibly maintained by the owner at all times while a certificate of title to the vehicle is issued and outstanding.
(8) An EVC provider authorized pursuant to section 49-401C, Idaho Code, may act on behalf of the department in receiving, processing, and transmitting applications for title and any related fees to the department. The security, oversight, and processing requirements in chapter 4, title 49, Idaho Code, shall also apply to titling transactions conducted by an EVC provider.
(9) The department may allow a person to submit a required document by using electronic media deemed feasible by the department instead of requiring an original document. If a signature on a document is required by law and the document is submitted electronically, the signature requirement will be satisfied by an authenticated electronically submitted signature. An electronically submitted document, once accepted by the department, shall be deemed the same as an original document and shall be admissible in all administrative, quasi-judicial, and judicial proceedings.
[49-504, added 1988, ch. 265, sec. 119, p. 644; am. 1989, ch. 35, sec. 1, p. 45; am. 1991, ch. 153, sec. 1, p. 362; am. 1993, ch. 321, sec. 1, p. 1179; am. 2000, ch. 55, sec. 1, p. 109; am. 2000, ch. 418, sec. 14, p. 1351; am. 2009, ch. 141, sec. 2, p. 424; am. 2010, ch. 225, sec. 6, p. 512; am. 2010, ch. 258, sec. 2, p. 659; am. 2014, ch. 38, sec. 11, p. 79; am. 2021, ch. 149, sec. 30, p. 421; am. 2021, ch. 180, sec. 3, p. 497; am. 2023, ch. 68, sec. 1, p. 229; am. 2026, ch. 52, sec. 2, p. 240; am. 2026, ch. 143, sec. 1, p. 665.]
(1) When a transfer of ownership arises, a penalty of twenty dollars ($20.00) for presentation of a previously issued certificate of title shall be assessed against the new owner when the presentation for transfer of title or creation of an electronic ownership record in the new owner’s name occurs more than thirty (30) days after the vehicle was transferred. All fines collected under the provisions of this section shall be distributed to the county current expense fund.
(2) When a licensed Idaho vehicle dealer, or entity exempted from licensing as defined in section 49-105(1), Idaho Code, either takes possession of a vehicle for the purpose of resale or transfers ownership of that vehicle, no penalty shall be assessed.
(3) When a person acquires ownership of a vehicle in another state, the thirty (30) day filing requirement shall begin upon initial entry of the vehicle into the state of Idaho.
(4) Vehicles acquired prior to July 1, 1989, and all-terrain vehicles, motorbikes and snowmobiles acquired prior to January 1, 1991, are specifically exempt from this penalty.
[49-504A, added 1989, ch. 35, sec. 2, p. 46; am. 1990, ch. 369, sec. 1, p. 1007; am. 1991, ch. 143, sec. 2, p. 340; am. 2014, ch. 38, sec. 12, p. 81.]
Certificates of title shall be printed by the department. The original copy shall be delivered to the applicant if there are no liens or encumbrances on the certificate. If there are liens or encumbrances recorded, the certificate shall be delivered or mailed to the holder of the lien or encumbrance who is first in time on the date of the application.
In place of physically issuing a paper certificate of title, the department may create a paperless electronic record of title and suspend the requirement to issue a certificate of title. If a lien is being recorded, the department and the lienholder will enter into a written agreement authorizing the creation of the electronic record of the certificate of title. Any reference to a "certificate of title" in this chapter shall also apply to an "electronic record of title." The department may require that lienholders, licensed dealers, and rental car vendors be issued an electronic record of title in lieu of the issuance of paper certificates if the department determines such method to be more cost effective than a paper system.
[49-505, added 1988, ch. 265, sec. 120, p. 645; am. 1991, ch. 153, sec. 2, p. 364; am. 1993, ch. 298, sec. 1, p. 1097; am. 2021, ch. 180, sec. 4, p. 499.]
Records pertaining to certificates of title used to record each title transaction shall be retained a minimum of twenty (20) years, after which time they may be destroyed. The records shall be maintained so as to permit the tracing of title of the vehicles designated.
[49-506, added 1988, ch. 265, sec. 121, p. 646; am. 1991, ch. 153, sec. 3, p. 364; am. 2001, ch. 73, sec. 14, p. 167.]
Procedure for the transfer of vehicles, and the issuance of certificates of title not otherwise expressly provided for by this chapter, may be provided for by regulations issued by the department, and in addition the director shall appoint all necessary personnel to carry out the provisions of this chapter.
[49-507, added 1988, ch. 265, sec. 122, p. 646.]
(1) If it appears that a certificate of title has been improperly issued, the department shall, after notice and hearing, cancel the certificate. The notice shall be served in person or by first class mail to the person to whom that certificate of title was issued, as well as any lienholders appearing thereon. The holder of the certificate of title shall return it to the department upon cancellation, but the cancellation of any certificate of title shall not affect the validity of any lien recorded on it.
(2) If a receipt of registration has been issued to the holder of a canceled certificate of title, the department shall immediately cancel it and demand the return of the receipt of registration and license plates, and the holder of the receipt of registration and license plates shall immediately return them to the department.
[49-508, added 1988, ch. 265, sec. 123, p. 646; am. 1991, ch. 153, sec. 4, p. 364; am. 2003, ch. 157, sec. 3, p. 446.]
It shall be the duty of every sheriff, chief of police, officer of the Idaho state police, or officer having taken a report of a stolen vehicle, to immediately enter the information regarding the stolen vehicle into the national crime information center stolen vehicle file.
[49-509, added 1988, ch. 265, sec. 124, p. 647; am. 1991, ch. 153, sec. 5, p. 365; am. 1995, ch. 116, sec. 27, p. 411; am. 2000, ch. 469, sec. 115, p. 1577; am. 2010, ch. 98, sec. 1, p. 190.]
(1) No lien or encumbrance on any vehicle registered under the laws of this state created subsequent to December 31, 1986, irrespective of whether such registration was effected prior or subsequent to the creation of the lien or encumbrance, shall be perfected as against creditors or subsequent purchasers or encumbrancers without notice until the holder of the lien or encumbrance, or his successor, agent or assignee, has complied with the requirements of section 49-504, Idaho Code, and has filed the properly completed title application and all required supporting documents with the department or an agent of the department.
(2) When the holder of a lien or encumbrance, his successor, agent or assignee, has filed with the department or agent of the department a properly completed title application and supporting documents as required by section 49-504, Idaho Code, it shall be the duty of the department or agent of the department to file the same, endorsing on the title application the date of receipt. A lien is perfected as of the date of the filing of a properly completed application with the department or an agent of the department.
(3) When the department is satisfied as to the genuineness and regularity of the documents submitted, it shall issue a new certificate of title or create a paperless electronic record of the title and lien filing when substantiated by a written agreement as provided in section 49-505, Idaho Code. The title shall contain the name of the owner of the vehicle, the name and address of each holder of a lien or encumbrance, and a statement of all liens or encumbrances which have been filed with the department, together with the date of each lien or encumbrance and the date received by the department or agent of the department. The filing of a lien or encumbrance and the notation of it shall be a condition of perfection and shall constitute constructive notice of the lien or encumbrance and its contents to creditors and subsequent purchasers and encumbrancers. All liens or encumbrances so filed with the department shall be perfected and take priority according to the order in which the same are noted upon the certificate of title or entered into the electronic records of the department.
[49-510, added 1988, ch. 265, sec. 125, p. 647; am. 1991, ch. 143, sec. 3, p. 341; am. 1992, ch. 143, sec. 1, p. 437; am. 1993, ch. 283, sec. 1, p. 957; am. 1993, ch. 298, sec. 2, p. 1098; am. 1996, ch. 364, sec. 1, p. 1221; am. 1998, ch. 392, sec. 18, p. 1223; am. 2001, ch. 73, sec. 15, p. 167; am. 2007, ch. 66, sec. 2, p. 169.]
(1) When a lien or encumbrance is canceled or discharged, the lienholder shall provide notice of such cancellation or discharge to the department within thirty (30) days. If the lienholder was holding the paper certificate of title, he shall note the cancellation or discharge on the certificate of title in the space provided, over his signature, or by some other legal document, discharging the encumbrance, and shall deliver the paper certificate of title to the owner within thirty (30) days of receipt of payoff of the encumbrance. If the lienholder was holding an electronic title, he shall send the department an electronic transaction that directs the department to provide a paper title to the owner free of the lienholder’s lien within thirty (30) days of receipt of payoff of the encumbrance.
(2)(a) Notwithstanding the provisions of subsection (1) of this section, when an Idaho vehicle dealer licensed pursuant to chapter 16, title 49, Idaho Code, cancels or discharges a lien or encumbrance, the lienholder shall provide notice of such cancellation or discharge to the department within ten (10) business days of receipt of verified funds. If the lienholder was holding the paper certificate of title, such lienholder shall note the cancellation or discharge on the certificate of title in the space provided, over his signature, or by some other legal document, discharging the encumbrance. If the lienholder has received authorization from the current owner to do so, by personal notification from the current owner, by power of attorney, or by other legal document granted to a dealer, the lienholder shall send the paper certificate of title to the dealer within ten (10) business days of receipt of verified funds to pay off the encumbrance.
(b) For the purposes of this subsection, "verified funds" means funds when such funds credit to the lienholder’s account and become final in accordance with the law or rules applicable to the method by which the funds were transmitted to the lienholder.
[49-511, added 1988, ch. 265, sec. 126, p. 648; am. 1991, ch. 153, sec. 6, p. 365; am. 1993, ch. 298, sec. 3, p. 1099; am. 1994, ch. 297, sec. 1, p. 941; am. 2014, ch. 38, sec. 13, p. 81; am. 2026, ch. 143, sec. 2, p. 667.]
The method provided in this chapter for perfection of a security interest on a vehicle is exclusive, except as to security interests in vehicles held in inventory for sale, which shall be governed by the provisions of chapter 9, title 28, Idaho Code.
[49-512, added 1988, ch. 265, sec. 127, p. 648.]
Notwithstanding any provision of law to the contrary, a transaction involving a motor vehicle or trailer does not create a sale or security interest merely because the transaction provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon the sale or other disposition of the motor vehicle or trailer.
[49-512A, added 2004, ch. 247, sec. 1, p. 713.]
Sale of any vehicle by the owner with the knowledge and consent of the holder of any lien or encumbrance properly noted upon the certificate of title or upon the electronic records of the department, shall not render the sale void or ineffective as against that lien or encumbrance.
[49-513, added 1988, ch. 265, sec. 128, p. 649; am. 1993, ch. 298, sec. 4, p. 1099.]
In the event of the transfer of ownership of a vehicle by operation of law, as upon inheritance, devise or bequest, order in bankruptcy, insolvency, replevin, or execution sale, or whenever a vehicle is sold to satisfy storage or repair charges, or if the interest of the owner is terminated or the vehicle is sold under a security agreement, the department may upon the surrender of the prior certificate of title, or when that is not possible, upon presentation of satisfactory proof to the department of ownership and right to possession of the vehicle and presentation of an application for a certificate of title, issue to the applicant a certificate of title. Only an affidavit by the person or agent of the person to whom possession of the vehicle so passed, setting forth facts entitling him to possession and ownership, together with a copy of the journal entry, court order or instrument upon which the claim of possession and ownership is founded, shall be considered satisfactory proof of ownership and right of possession. If the applicant cannot produce proof of ownership he may apply directly to the department and submit any evidence as he may have, and the department shall, if it finds the evidence sufficient, issue a certificate of title to the applicant.
If from the records in the office of the department there appears to be any prior lien or liens on the vehicle, the certificate of title shall contain a statement of those liens, unless the application is accompanied by proper evidence of their satisfaction or discharge.
Upon the death of the owner of one (1) or more registered vehicles, the following heirs of the owner, to wit: the surviving spouse, the children, lawful issue of the deceased children, the parents, the brothers or sisters, or the guardian of the estate of any minor or insane or incompetent person having such relationship to the owner, if such person has a right to succeed to the property of the owner, may secure a transfer of the certificate or certificates of title of the owner to the vehicle or vehicles, upon presenting to the department the appropriate certificate or certificates of title, if available, and an affidavit of the person or persons setting forth the fact of survivorship or heirship, the names and addresses of any other heirs, that the decedent died intestate, that the decedent has no creditors, that the decedent did not leave other property necessitating probate, and if required by the department, a certificate of the death of the deceased. The department, when satisfied of the genuineness and regularity of the transfer, shall transfer the registrations and titles accordingly.
[49-514, added 1988, ch. 265, sec. 129, p. 649; am. 1991, ch. 153, sec. 7, p. 366; am. 1994, ch. 70, sec. 1, p. 147; am. 1998, ch. 392, sec. 19, p. 1224.]
In the event any certificate of title is lost, mutilated or becomes illegible, the owner or legal representative of the owner of the vehicle, or the holder of the lien which is prior in date and time as shown by the records of the department, shall immediately make application for and may obtain a duplicate certificate of title upon the applicant furnishing information satisfactory to the department. Any certificate of title issued pursuant to this section shall have printed or stamped in ink upon its face "duplicate title". In the event of the recovery of the original certificate of title by the owner or the first lienholder, he shall immediately surrender it to the department for cancellation.
[49-515, added 1988, ch. 265, sec. 130, p. 650; am. 1991, ch. 153, sec. 8, p. 367.]
Each owner of a vehicle and each person mentioned as owner in the last certificate of title when a vehicle is dismantled, destroyed or changed in a manner that it is not the vehicle described in the certificate of title, shall surrender his certificate of title to the department, and the department shall with the consent of any holders of any liens, enter a cancellation upon its records. The department upon receipt of a certified copy of an order or judgment from a court of competent jurisdiction that a partially dismantled, junked, abandoned or non-operating vehicle is a public nuisance shall cancel the certificate of title to the vehicle if there be one. Upon cancellation of a certificate of title in the manner prescribed by this section the department may cancel and destroy all certificates in that chain of title.
[49-516, added 1988, ch. 265, sec. 131, p. 650.]
(1) All certificates of title shall be printed upon safety paper to be selected by the department, and shall be in such form as the department shall prescribe.
(2) When substantiated by a written agreement as provided in section 49-505, Idaho Code, the department may create a paperless electronic record of a certificate of title in place of issuing a paper document whenever a lien is to be recorded; however, upon written demand from the owner and payment of the fee as provided in subsection (2)(b) of section 49-202, Idaho Code, the department shall issue a paper certificate of title.
(3) In the absence of a certificate of title, the computer records of the department shall be the original title document.
[49-517, added 1988, ch. 265, sec. 132, p. 651; am. 1993, ch. 298, sec. 5, p. 1099.]
It shall be a felony for any person to:
(1) Alter or forge any certificate of title or salvage certificate of ownership to a vehicle, or any assignment thereof, or any cancellation of any liens on a vehicle; or
(2) Hold or use a certificate of title or salvage certificate of ownership or assignment or cancellation knowing it to be altered or forged; or
(3) Procure or attempt to procure a certificate of title to a vehicle, or to pass or attempt to pass a certificate of title or any assignment to a vehicle, knowing or having reason to believe that the vehicle has been stolen; or
(4) Sell or offer for sale in this state a vehicle on which the motor number, manufacturer’s serial number, or "repaired vehicle" or "reconstructed vehicle" decal has been destroyed, removed, covered, altered or defaced, with knowledge of that destruction, removal, covering, alteration or defacement of the motor number, manufacturer’s serial number, or "repaired vehicle" or "reconstructed vehicle" decal; or
(5) Use a false or fictitious name, or give a false or fictitious address, or make a false statement in any application or affidavit required under the provisions of this chapter, or any bill of sale or sworn statement of ownership, or otherwise commits a fraud in any application; or
(6) Purport to sell or transfer a vehicle without delivering to the purchaser or transferee a certificate of title or salvage certificate of ownership duly assigned to the purchaser.
[49-518, added 1988, ch. 265, sec. 133, p. 651; am. 1989, ch. 285, sec. 5, p. 706; am. 1994, ch. 296, sec. 2, p. 937.]
It shall be unlawful, except as otherwise provided in this chapter, for a person:
(1) To operate a vehicle for which a certificate of title is required, without the certificate having been obtained in accordance with the provisions of this chapter; or
(2) To operate a vehicle for which the certificate of title has been cancelled; or
(3) Not being an enfranchised dealer, or acting upon behalf of such dealer, to acquire, purchase, hold or display for sale a new vehicle without having obtained a certificate of title as provided for in this chapter; or
(4) To fail to surrender a certificate of title or any certificate of registration or license plate upon cancellation of the same by the department, as provided by this chapter; or
(5) To fail to surrender the certificate of title to the department in connection with the destruction, dismantling or change of a vehicle in any respect that it is not the vehicle described in the certificate of title; or
(6) To sign as assignor, or for any person to have in his possession a salvage certificate or certificate of title which has been signed by the owner as assignor, without the name of the assignee and other information required on the form prescribed by the department.
(7) To violate any of the other provisions of this chapter or any laws, or rules or regulations promulgated pursuant to this title.
[49-519, added 1988, ch. 265, sec. 134, p. 652; am. 1989, ch. 285, sec. 6, p. 706.]
If the department shall determine an applicant for a certificate of title to a vehicle is not entitled to it, it shall refuse to issue a certificate or to register the vehicle, and in that event unless the department reverses its decision or its decision is reversed by a court of competent jurisdiction, the applicant shall have no further right to apply for a certificate of title or registration on the statements in the application. The department may for a like reason after notice and hearing, revoke registration already acquired or any outstanding certificate of title. The notice shall be served in person or by first class mail. An appeal may be taken from any decision of the department.
[49-520, added 1988, ch. 265, sec. 135, p. 652; am. 1991, ch. 153, sec. 9, p. 367; am. 2003, ch. 157, sec. 4, p. 446.]
(1) Every dealer in vehicles, trailers or semitrailers shall maintain a record in a form as prescribed by the department of every used vehicle, trailer or semitrailer bought, sold, or exchanged by the licensee or received or accepted by the licensee for sale or exchange. The record shall contain a description of the vehicle, including the name of the manufacturer, type, serial number, odometer reading and other distinguishing marks, and whether any numbers thereon have been defaced, destroyed, or changed and shall state with reference to each vehicle the name and address of the person from whom purchased or received, when sold or otherwise disposed of by the licensee, and the name and address of the person to whom sold or delivered.
(2) Every licensee shall have in his possession a separate certificate of title assigned to him or other documentary evidence of his right to the possession of and for every vehicle in his possession.
[49-521, added 1988, ch. 265, sec. 136, p. 652; am. 1991, ch. 153, sec. 10, p. 367.]
(1) The owner of any vehicle who sells or transfers it to another with the intention or understanding that the vehicle is not to be used as an operating unit shall, at the time of sale or transfer, endorse on the face of the certificate of title to that vehicle the words "for junk only," and the department shall place those words on the face of each subsequent certificate of title to that vehicle.
(2) No person shall operate upon a highway any vehicle, the certificate of title to which has been so endorsed, and no person shall sell or attempt to sell that vehicle for use as an operating unit.
[49-522, added 1988, ch. 265, sec. 137, p. 653; am. 1991, ch. 153, sec. 11, p. 368; am. 2021, ch. 180, sec. 5, p. 500.]
(1) If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the department may register the vehicle, but shall either:
(a) Withhold issuance of a certificate of ownership until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant’s ownership of the vehicle and that there are no undisclosed security interests in it; or
(b) As a condition of issuing a certificate of ownership, require the applicant to file with the department all documents held as to the applicant’s ownership of the vehicle, together with a bond in the form prescribed by the department and executed by the applicant, or a deposit of cash in a like amount. The bond shall be in an amount equal to one and one-half (1 1/2) times the value of the vehicle, as determined by the department, and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney’s fees, by reason of the issuance of the certificate of ownership of the vehicle, or on account of any defect in or disclosed security interest on the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, or any cash deposit, shall be returned at the end of three (3) years, or prior to that time if the vehicle is no longer registered in this state and the current valid certificate of ownership is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.
(c) As to a vehicle at least ten (10) model years old, an applicant who is a resident of the state of Idaho may file with the department, before its authorized representative, a verified statement of facts setting out in detail the manner in which the applicant came into possession of the vehicle, the establishment of ownership, and a summary of the applicant’s attempts to contact any prior owners of the vehicle. Upon receipt by the department of the verified statement and all documentation relating to the applicant’s possession of the vehicle, and completion of an inspection of the vehicle identification number by an authorized representative of the department, the applicant shall execute a document in the form provided by the department releasing the department of any and all damages that may be suffered by the applicant, along with warranties that the applicant will pay any and all damages suffered by any person or entity as to the issuance of a title for that vehicle by the department. The department shall then issue a certificate of title to the applicant in a form set out by this section. The certificate of title shall include the statement, "ISSUED ON STATEMENT OF APPLICANT," in permanent letters on its face. The title issued pursuant to this subsection shall be presumed to indicate legal ownership of the vehicle at the end of the three (3) year period from the date of issue of that title, provided the vehicle is still registered in the state of Idaho, and there are no actions or claims pending against the applicant that place legal ownership in question. The department and the state of Idaho shall be immune as to any damages suffered by any person or entity as a result of the issuance of a certificate of title as provided by this subsection.
(2) Every dealer desiring the privilege of issuing temporary registration permits for the operation of vehicles shall make application to the department. If the privilege is granted, the dealer will receive a series of permits, consecutively numbered by the department, secured by the dealer at a fee of nine dollars ($9.00) for each permit. A permit subsequently issued by a dealer to a purchaser shall be valid for a period not to exceed thirty (30) days. The dealer shall issue temporary registration permits in numerical sequence, one (1) only for each vehicle sold to a bona fide purchaser. Each permit, and the attached stub, shall be completed in duplicate, in ink or by typewriter, at the time of issuance. The expiration date on the original permit shall be filled in by rubber stamp or broad-tipped marking pen, and the print shall be at least three-fourths (3/4) inch high and one-eighth (1/8) inch wide. The original permit shall be displayed in the rear window of the vehicle for which it is issued, except when issued for a convertible, station wagon, motorcycle, or other vehicle for which this would not be practical. In these exceptional cases, the permit should be conspicuously displayed in a place where the number of the permit and the expiration date may be easily read and where protected from exposure to weather conditions that would render it illegible.
(3) The dealer shall keep a written record of every temporary registration permit issued. This record shall include the name and address of the person or firm to whom the permit is issued and a description of the vehicle for which it is issued, including year, make, model, identification number, and the date of issue. This record shall list all permits in numerical sequence and shall be open to inspection by any peace officer or designated employee of the department.
(4) The fees collected from dealers by the department under the provisions of this section shall be transmitted by the department to the state treasurer for deposit in the highway distribution account.
(5) Upon application for title and for registration of a vehicle for which temporary registration has been issued under this section, the county assessor shall collect and fees shall be deemed due from the date of issuance of the temporary registration permit rather than from the date of application for title or registration.
(6) The department or a county assessor may issue temporary vehicle registration permits in emergency situations, or for two (2) thirty (30) day periods per vehicle, per owner, if such owner is attempting to sell the vehicle. The fee for a temporary registration shall be nine dollars ($9.00) and shall be valid for a period of thirty (30) days. The temporary fees collected by the department shall be transmitted to the state treasurer for deposit in the highway distribution account. Temporary fees collected by an assessor shall be distributed as follows: five dollars ($5.00) shall be deposited in the county current expense fund and four dollars ($4.00) shall be transmitted to the department for deposit through the state treasurer in the highway distribution account.
[49-523, added 1988, ch. 265, sec. 138, p. 653; am. 1991, ch. 153, sec. 12, p. 368; am. 2009, ch. 331, sec. 5, p. 956; am. 2014, ch. 38, sec. 14, p. 81; am. 2024, ch. 41, sec. 1, p. 245.]
(1) Whenever a party claims an interest in a vehicle subject to a title, the party may request a title stop be placed upon the title record of the vehicle.
(2) The request for title stop shall be provided to the department, together with documentation supporting the request and the fee required pursuant to the provisions of section 49-202(2)(i), Idaho Code.
(3) A verbal request to the department for a title stop may be placed on the title record for up to five (5) business days upon advising the requestor of the requirements and giving the requestor time to send the written request. Failure to send the written request shall terminate the request at the end of the five (5) business days.
(4) Upon receipt of the request for title stop, the department may place a stop on the title record of the subject vehicle if it appears from the documentation provided that there exists a reasonable dispute as to the ownership of the vehicle.
(5) Notwithstanding the placement of a stop or the filing of a stop request, the department shall process an application for title accompanied by a properly completed affidavit of repossession, or to record a lien or encumbrance, unless the requestor of the stop has provided the department with a court order restraining the issuance of title. In all other applications for title, the department shall place or maintain a stop and shall notify the title applicant that a stop is in place.
(6) Once the title stop is placed by the department, the requesting party shall provide evidence of a judicial filing relating to the subject vehicle within thirty (30) days of the title stop becoming effective. Failure to provide such evidence shall result in the department’s cancellation of the title stop.
(a) Upon receipt of a written request for a title stop and the required fee, the department shall send notice of the title stop to the titled owners and any other party with recorded interest or lienholder recorded on the title records of the department.
(b) Upon receipt by the department of satisfactory evidence of a judicial filing, the title stop shall remain in place until a final order of the judicial proceeding is received, the requesting party has instructed the department to remove the stop, the requesting party has failed to respond to notice under paragraph (c) of this subsection or for one (1) year, unless renewed by the requestor, whichever comes first.
(c) Except as provided in subsection (5) of this section, if a person files evidence with the department that the person has acquired title to the vehicle for which a title stop has been placed, then the department shall send notice to the original requesting party providing ten (10) business days from the date notice was mailed to object to the release of the title stop. If the department does not receive timely response from the requesting party or if the requesting party instructs the department to remove the stop, then the title stop shall be immediately released.
(7) During the pendency of the title stop, no title applications for the vehicle to which the stop pertains shall be processed by the department except as otherwise provided in this section.
(8) Title stops requested by a governmental agency shall be exempt from the provisions of subsection (6) of this section. Such title stop shall be valid for two (2) years, unless renewed by the governmental agency requesting the stop. Governmental agencies shall be exempt from the fee required in section 49-202(2)(i), Idaho Code.
(9) The provisions of this section shall be effective for any title stop received on and after July 1, 2015.
[49-523A, added 2015, ch. 203, sec. 1, p. 616.]
(1) Every person acquiring a vehicle that has been determined to be a salvage vehicle shall obtain a salvage certificate of title on that vehicle.
(2) The salvage certificate of title shall replace the manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document and shall indicate ownership only; it shall not be valid for registration purposes.
(3) A salvage certificate of title shall be issued by the department or under the direction of the department and shall be on a form or electronic file as prescribed by the department. The form shall provide for assignments of the salvage certificate of title.
(4) The fee for a salvage certificate of title or electronic filing of a salvage certificate of title shall be in accordance with the provisions of section 49-202(2)(b), Idaho Code. The fee shall be deposited in the state highway account.
(5) Every insurer making payment for a vehicle that has been determined to be a salvage vehicle shall, within thirty (30) days from receipt of the properly released manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document, surrender such document to the department, along with an application for salvage certificate of title, the salvage certificate of title fee and other documents as required by the department for processing. The department shall issue a salvage certificate of title to the applicant if all requirements have been satisfied.
(6) If a salvage pool receives a manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document for a vehicle that has been determined to be a salvage vehicle, the salvage pool shall, within thirty (30) days and upon receipt of the properly released ownership document, surrender such document to the department, along with an application for salvage certificate of title, the salvage certificate of title fee and other documents as required by the department for processing. The department shall issue a salvage certificate of title to the applicant if all requirements have been satisfied.
(7) If an insurer has made payment for a salvage vehicle and the insurer or a salvage pool is unable to obtain a properly released manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document for the salvage vehicle within thirty (30) days after the acceptance by the owner of an amount in settlement of a total loss, then the insurer or salvage pool may submit an application for salvage certificate of title to the department without having first obtained one (1) of the aforementioned ownership documents. In place of one (1) of the aforementioned ownership documents, the insurer or the salvage pool shall submit to the department the following: a sworn statement that it made at least two (2) written attempts to obtain from the owner the properly released manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document by sending notice to the owner at the owner’s address of record with the department, together with a copy of each such written attempt. Additionally, the insurer or salvage pool shall include proper evidence of the satisfaction or discharge of any lien or encumbrance properly noted upon the certificate of title or upon the electronic records of the department, an application for salvage certificate of title, the salvage certificate of title fee, indemnifying affidavit and other documents as required by the department for processing. The department shall issue a salvage certificate of title if all requirements have been satisfied.
(8) It is a misdemeanor, punishable by up to six (6) months in jail, a fine of one thousand dollars ($1,000) or both, if the owner of a retained salvage vehicle fails to surrender the title and be issued a salvage certificate of title, or to sell the vehicle and not tell the buyer that the vehicle is totaled.
(9) If an insurer has allowed the owner to retain ownership of the salvage vehicle, the owner must surrender the certificate of title for such vehicle to the department not later than thirty (30) days from the date that the claim was satisfied. The insurer must notify the department of a total loss payoff within thirty (30) days. The department shall issue a salvage certificate of title to the owner prior to any sale or disposition of the salvage vehicle.
(10) If an insurer acquires the manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document for a vehicle in a settlement of a theft claim, the insurer shall immediately, upon receipt of the properly released ownership document, surrender such document to the department, along with an application for salvage certificate of title in the name of the insurer, the salvage certificate of title fee and other documents as required by the department for processing.
(11) If an insurer has acquired a vehicle in a settlement of a theft claim, has made application to and has been issued a new salvage certificate of title in the name of the insurer and the vehicle is subsequently recovered and is not damaged to the extent that it is a salvage vehicle, the insurer may complete an affidavit indemnifying the department stating the facts of acquisition and disposition of the vehicle in a form prescribed by the department and deliver the salvage certificate of title of ownership, affidavit and any other documents required by the department to the transferee at the time of delivery of the vehicle. When these documents are submitted with an application for title, the subsequent title for the vehicle will not be issued with the brand "rebuilt salvage" based on the theft incident, but a notation of "theft recovery" shall be made on the title certificate and title record.
(12) Any person acquiring ownership of a salvage vehicle purchased in a state or jurisdiction that does not require surrender of the certificate of title or comparable ownership document shall, within thirty (30) days following delivery of the certificate of title or ownership document, surrender such title or document to the department and apply for a salvage certificate of title.
(13) An owner of a salvage vehicle who sells or transfers said vehicle shall provide a properly executed assignment of the salvage certificate of ownership to the transferee.
(14) A purchaser of a salvage vehicle shall not possess or retain a salvage vehicle without a salvage certificate of title. The salvage vehicle purchaser shall display the salvage certificate of title upon the request of any peace officer or agent of the department.
[49-524, added 1989, ch. 285, sec. 7, p. 707; am. 1994, ch. 296, sec. 3, p. 937; am. 1995, ch. 162, sec. 1, p. 641; am. 1996, ch. 327, sec. 2, p. 1119; am. 2001, ch. 73, sec. 16, p. 168; am. 2006, ch. 102, sec. 1, p. 280; am. 2008, ch. 84, sec. 2, p. 219; am. 2011, ch. 143, sec. 1, p. 404; am. 2013, ch. 89, sec. 1, p. 219; am. 2014, ch. 38, sec. 15, p. 83.]
(1) The department shall issue a branded certificate of title on any vehicle for which a salvage certificate of title, salvage bill of sale or other documentation showing evidence that the vehicle has been declared salvage has been issued by this or any other state, provided, if documentation of salvage certification has been received from another state, the requirements specified in section 49-524, Idaho Code, shall be applied to that vehicle.
(2) If an otherwise correct application is made for a certificate of title on any salvage vehicle, the department shall issue a branded certificate of title as a "rebuilt salvage vehicle" if the application for a certificate of title is supported by a salvage vehicle statement completed by the owner which states:
(a) That the owner personally rebuilt or repaired the vehicle or personally supervised its rebuilding or repairing and includes a description of work done to restore the vehicle to the operating condition that existed prior to the event which caused the salvage certificate of title to be issued;
(b) That the identification numbers of the restored vehicle and its parts have not, to the knowledge of the owner, been removed, destroyed, falsified, altered or defaced;
(c) That the salvage certificate of title document or out-of-state title certificate attached to the application has not to the knowledge of the owner been forged, falsified or altered; and
(d) That all information contained on the application and its attachments is true and correct.
(3) Each branded certificate of title or other ownership document received from another jurisdiction or authorized ownership document-issuing entity shall have its brand carried forward to all subsequent certificates of title issued in this state.
(4) Every brand retrieved from the national motor vehicle title information system shall be carried forward to all subsequent titles issued by this state.
(5) The department may promulgate rules as necessary to implement the provisions of sections 49-524 and 49-525, Idaho Code.
[49-525, added 1989, ch. 285, sec. 8, p. 708; am. 1994, ch. 296, sec. 4, p. 939; am. 2006, ch. 102, sec. 2, p. 281; am. 2008, ch. 84, sec. 3, p. 220; am. 2014, ch. 38, sec. 16, p. 85.]
(1) The department shall require that a separate release of liability statement be completed by the owner of a motor vehicle upon sale or transfer of the motor vehicle to another party. The statement shall be forwarded to the department by the former owner, together with the proper fee as provided in section 49-202, Idaho Code, within five (5) days of delivery of the motor vehicle to a dealer, purchaser or other transferee. The statement shall include the motor vehicle identification number, vehicle description, name of seller, name and address of buyer or other transferee, date of sale, odometer reading, and sales price. Provided that:
(a) A lienholder may complete the release of liability on behalf of the registered owner when the title is released by the lienholder directly to a dealer or new purchaser.
(b) Motor vehicle dealers licensed under chapter 16, title 49, Idaho Code, are not required to report dealer-to-dealer transfers to the department. However, dealers are required to maintain a record of the transfer for audit and tracking purposes.
(2) Any former owner who files a release of liability statement with the department pursuant to this section shall not be liable under section 49-2417, Idaho Code, nor shall the former owner be liable for any motor vehicle infractions, towing, storage, repair or service charges that may occur subsequent to delivery of the vehicle to a dealer, purchaser or other transferee.
(3) It shall be unlawful for any person to knowingly file or attempt to file a release of liability statement which contains false information.
[49-526, added 1996, ch. 271, sec. 2, p. 884; am. 2002, ch. 366, sec. 2, p. 1033; am. 2003, ch. 153, sec. 1, p. 440.]
The purpose of a transitional ownership document is to enable security interest to be perfected in a timely manner when the primary ownership document is not available. The transitional ownership document serves to perfect a lien against creditors or subsequent purchasers.
(1) To perfect a security interest the transitional ownership document must be received by the department or agent within thirty (30) days of the date of sale. To determine the thirty (30) days, exclude the first day (i.e., date of sale) and count each calendar day thereafter. If the thirtieth day falls on a weekend or holiday it is not counted; the last date the transitional ownership document will be accepted is the following business day of the department or agent.
(2) The lien will be perfected as of the date and time of filing consistent with section 49-510, Idaho Code.
(3) The transitional ownership document is not intended to supersede the requirements of section 49-504, Idaho Code, but rather to provide an alternative method of lien perfection.
(4) Once a transitional ownership document has been filed with the department or agent, the primary ownership document must be received by the department or agent within ninety (90) calendar days from the date of the security agreement or contract. To determine ninety (90) days, exclude the first day (i.e., day of sale) and count each calendar day thereafter. If the ninetieth day falls on a weekend or holiday, the last date the transitional ownership document may be used to determine date of security interest perfection is the following business day of the department or agent.
[49-527, added 2000, ch. 320, sec. 1, p. 1078; am. 2007, ch. 66, sec. 3, p. 170.]
A transitional ownership document is acceptable as evidence of ownership only if the primary ownership document:
(1) Is not in the possession of the selling dealer, new security interest holder or the agent of either at the time the transitional ownership document is submitted to the department; and
(2) To the best of the knowledge of the selling dealer, security interest holder or agent, will not be available for submission to the department within thirty (30) days of the date of sale or if no sale is involved, within the date of a security agreement or contract.
[49-528, added 2000, ch. 320, sec. 1, p. 1079; am. 2007, ch. 66, sec. 4, p. 171.]
The transportation department shall reject, return or subsequently invalidate a transitional ownership document if:
(1) More than thirty (30) days have elapsed between the date of sale, or if no sale is involved, more than thirty (30) days have elapsed between the date the contract or security interest being perfected was signed and the date the transitional ownership document is received by the department;
(2) The transitional ownership document does not contain all of the information contained in section 49-121(7), Idaho Code;
(3) It is determined that persons named on the transitional ownership document as having a security interest did not have a security interest on the date the transitional ownership document was received;
(4) It is determined the person who submitted the transitional ownership document made false statements in completing the transitional ownership document;
(5) The department does not receive the primary ownership document from the date of sale within ninety (90) days of the date of sale or if no sale is involved, within ninety (90) days from the date the security agreement or contract was signed;
(6) The security interest holder or person submitting the transitional ownership document elects to retain, requests it be returned or requests that the transitional ownership document be withdrawn; or
(7) The information on or in the transitional ownership document has been changed or altered in a manner that is not acceptable to the department.
[49-529, added 2000, ch. 320, sec. 1, p. 1079; am. 2007, ch. 66, sec. 5, p. 171.]
The transportation department may reject, return or subsequently invalidate a transitional ownership document if it is determined that:
(1) Title is to be issued to someone other than the person shown on the transitional ownership document;
(2) Interests reflected on the primary ownership document or in information submitted in conjunction with that document conflict with the interests as reflected on the transitional ownership document;
(3) The person submitting the transitional ownership document has failed to submit the nonrefundable fee required by section 49-202(e), Idaho Code; or
(4) A copy of the application for certificate of title is not attached as required by the department.
[49-530, added 2000, ch. 320, sec. 1, p. 1080.]
The provisions of this chapter relate exclusively to the operation of vehicles upon highways, except where a different place is specifically referred to in a given section.
They shall not apply to persons, motor vehicles and equipment while actually engaged in work upon a highway, or to owners or operators of a ditch, canal, conduit or drain while engaged in work within and pursuant to a right-of-way for a ditch, canal, conduit or drain, but shall apply to persons, owners, operators and vehicles when traveling to or from that work.
[49-601, added 1988, ch. 265, sec. 140, p. 656; am. 2011, ch. 179, sec. 1, p. 510.]
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first locking the vehicle if the engine is running, effectively setting the parking brake and, when standing upon any grade, turning the front wheels to the curb or side of the highway. The provisions of this section do not apply to motor vehicles on private property.
[49-602, added 1988, ch. 265, sec. 141, p. 656; am. 2017, ch. 71, sec. 1, p. 170.]
No person shall start movement of a vehicle which is stopped, standing or parked unless movement can be made with reasonable safety.
[49-603, added 1988, ch. 265, sec. 142, p. 656.]
(1) The driver of a vehicle shall not back the vehicle unless that movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back it upon any shoulder or lane of travel of any controlled-access highway.
[49-604, added 1988, ch. 265, sec. 143, p. 656.]
No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or temporary driveway. This section shall not apply to any vehicle moved exclusively by human power, a personal delivery device, an electric personal assistive mobility device, nor to any motorized wheelchair. For the purposes of assuring the safety of pedestrians and others using sidewalks, a political subdivision having jurisdiction over sidewalks may, by ordinance or by traffic control device, regulate the time, place and manner of the operation of electric personal assistive mobility devices.
[49-605, added 1988, ch. 265, sec. 144, p. 656; am. 2002, ch. 160, sec. 4, p. 473; am. 2017, ch. 147, sec. 3, p. 363.]
The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gear or transmission in neutral nor with the clutch disengaged.
[49-606, added 1988, ch. 265, sec. 145, p. 657.]
No person shall open the door of a motor vehicle on a side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
[49-607, added 1988, ch. 265, sec. 146, p. 657.]
No person shall occupy a manufactured home or commercial coach while it is being moved upon a highway.
[49-608, added 1988, ch. 265, sec. 147, p. 657.]
Every person riding an animal or driving any animal-drawn vehicle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except those provisions of this title which, by their very nature, can have no application.
[49-609, added 1988, ch. 265, sec. 148, p. 657.]
(1) No person shall drive a vehicle when it is so loaded or when there are in the front seat a number of persons exceeding three (3), as to obstruct the view of the driver to the front or the sides of the vehicle, or as to interfere with the driver’s control over the driving mechanism of the vehicle.
(2) No passenger in a vehicle shall ride in a position as to interfere with the driver’s view ahead or to the sides, or to interfere with his control of the driving mechanism of the vehicle.
(3) No vehicle shall be operated when the windshield and/or windows of the vehicle are coated with ice, snow, sleet, or dust to the extent that the driver’s view ahead, or to the sides or rear of the vehicle are obstructed.
[49-612, added 1988, ch. 265, sec. 149, p. 657.]
The following shall apply to persons and vehicles not otherwise exempted from the application of this section by federal or state law:
(1) No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal or vehicle upon the highway.
(2) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove that material or cause it to be removed.
(3) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from that vehicle.
(4) No vehicle shall be operated on any public highway unless such vehicle’s load is secured to prevent the load from becoming loose, detached or a hazard to other users of the highway.
(5) No person may operate on any public highway any vehicle with any load unless the load is secured and such covering as required thereon by subsection (6) of this section is securely fastened to prevent the covering or load from becoming loose, detached or a hazard to other users of the highway.
(6) Any vehicle operating on a paved public highway with a load of dirt, sand or gravel susceptible to being dropped, spilled, leaked or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six (6) inches of freeboard is maintained.
(7) The provisions of subsections (5) and (6) of this section shall not apply to a government, quasi-government, their agents or employees or contractors thereof, in performance of maintenance or construction of a highway.
(8) The provisions of subsections (4), (5) and (6) of this section shall not apply to vehicles owned by canal companies, irrigation districts, drainage districts or their boards of control, lateral ditch associations, water districts or other irrigation water delivery or management entities, or operated by any employee or agent of such an entity, performing construction, operation or maintenance of facilities.
(9) The provisions of subsections (4), (5) and (6) of this section shall not apply to vehicles transporting unprocessed agricultural products, agricultural byproducts, agricultural materials or agricultural inputs.
[49-613, added 1988, ch. 265, sec. 150, p. 658; am. 2011, ch. 326, sec. 1, p. 951; am. 2015, ch. 208, sec. 5, p. 643.]
No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians, railroad trains, or other on-track equipment, regardless of any traffic control signal indication to proceed.
[49-614, added 1988, ch. 265, sec. 151, p. 658; am. 2021, ch. 168, sec. 1, p. 471.]
Notwithstanding other provisions of this title or the provisions of any local ordinance, every driver of a motor vehicle shall exercise due care to avoid colliding with any pedestrian or any operator or rider of a human-powered vehicle, bicycle, or electric-assisted bicycle and shall give an audible signal when necessary. Every driver of a motor vehicle shall exercise proper precaution upon observing any child or any obviously confused, incapacitated, or intoxicated person.
[49-615, added 1988, ch. 265, sec. 152, p. 658; am. 2026, ch. 24, sec. 1, p. 114.]
No vehicle shall at any time be driven through or within a safety zone.
[49-616, added 1988, ch. 265, sec. 153, p. 658.]
(1) It shall be unlawful to operate a slow moving vehicle on the highways at the following times and under the following circumstances:
(a) From one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, unless the vehicle or equipment is equipped with lights as required by section 49-916, Idaho Code;
(b) At a speed in excess of twenty-five (25) miles per hour, unless the vehicle or equipment, including towed units of farm equipment, is designed to safely travel at speeds in excess of twenty-five (25) miles per hour, but no such vehicle or equipment shall exceed the posted maximum speed limit and shall be operated by a licensed driver; and
(c) In such a manner as to obstruct the free movement of traffic on the highways except when no safe and reasonable designated turnout or location exists for a slow moving vehicle, farm tractor, construction equipment, or implement of husbandry to temporarily exit the roadway or otherwise allow traffic to pass.
(2) A slow moving vehicle shall be equipped with a braking system and with a mechanical signaling device as required for other similarly constructed vehicles.
(3) All slow moving vehicles, farm tractors, road rollers, and implements of husbandry shall have affixed at the rear of the vehicle an emblem identifying them as slow moving equipment. The Idaho traffic safety commission shall recommend to the board the minimum standards for the emblem.
(4) Emergency and snow removal vehicles owned and operated by the state or its political subdivisions when en route to, from, or in the performance of activities essential to the public safety, shall be exempt from the provisions of paragraphs (a) and (c) of subsection (1) of this section.
[49-619, added 1988, ch. 265, sec. 154, p. 659; am. 2004, ch. 174, sec. 1, p. 552; am. 2026, ch. 120, sec. 1, p. 601.]
(1) The driver of an authorized emergency or police vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated.
(2) The driver of an authorized emergency or police vehicle may:
(a) Park or stand, irrespective of the parking or standing provisions of this title;
(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(c) Exceed the maximum speed limits so long as he does not endanger life or property;
(d) Disregard regulations governing direction of movement or turning in specified directions.
(3) The exemptions granted to an authorized emergency or police vehicle shall apply when necessary to warn and to make use of an audible signal having a decibel rating of at least one hundred (100) at a distance of ten (10) feet and/or is displaying a flashing light visible in a 360 degree arc at a distance of one thousand (1,000) feet under normal atmospheric conditions.
(4) The foregoing provisions shall not relieve the driver of an authorized emergency or police vehicle from the duty to drive with due regard for the safety of all persons, nor shall these provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(5) The foregoing provisions shall apply to the driver of an authorized emergency or police vehicle of another state of the United States who enters this state in response to an emergency call, or when in the fresh pursuit of a suspected felon as provided in section 19-701, Idaho Code, or when responding to but not upon returning from a fire alarm.
[49-623, added 1988, ch. 265, sec. 155, p. 659; am. 2010, ch. 138, sec. 2, p. 292.]
The driver of a motor vehicle, upon approaching a stationary police vehicle displaying flashing lights, an authorized emergency vehicle displaying flashing lights, a stationary tow truck displaying flashing lights, or a stationary highway incident response vehicle displaying flashing lights, shall:
(1) If the driver is traveling on a highway with two (2) or more lanes carrying traffic in the same direction, immediately reduce the speed of his vehicle below the posted speed limit, proceed with due caution and, if traveling in a lane adjacent to a stationary police vehicle displaying flashing lights, an authorized emergency vehicle displaying flashing lights, a stationary tow truck displaying flashing lights, or a highway incident response vehicle displaying flashing lights, change lanes into a lane that is not adjacent to such vehicle as soon as it is possible to do so in a manner that is reasonable and prudent under the conditions then existing, with regard to actual and potential hazards.
(2) If the driver is traveling on a highway with one (1) lane for each direction of travel, immediately reduce the speed of his vehicle below the posted speed limit and maintain a safe speed for the road, weather, and traffic conditions until completely past the stationary police vehicle, authorized emergency vehicle, stationary tow truck, or highway incident response vehicle.
[49-624, added 2006, ch. 78, sec. 1, p. 237; am. 2007, ch. 113, sec. 1, p. 328; am. 2011, ch. 17, sec. 1, p. 54; am. 2019, ch. 234, sec. 1, p. 720.]
(1) Upon the immediate approach of an authorized emergency or police vehicle making use of an audible or visible signal, meeting the requirements of section 49-623, Idaho Code, the driver of every other vehicle shall yield the right-of-way and immediately drive to a position parallel to, and as close as possible to, the nearest edge or curb on the right side of the highway and clear of any intersection, and stop and remain in that position until the authorized emergency or police vehicle has passed, except when otherwise directed by a peace officer.
(2) This section shall not operate to relieve the driver of an authorized emergency or police vehicle from the duty to drive with due regard for the safety of all persons using the highway.
[49-625, added 1988, ch. 265, sec. 156, p. 660; am. 2018, ch. 74, sec. 1, p. 169.]
The driver of any vehicle other than one on official business shall not follow closer than five hundred (500) feet any fire apparatus traveling in response to a fire alarm, or stop a vehicle within five hundred (500) feet of any fire apparatus stopped in answer to a fire alarm.
[49-626, added 1988, ch. 265, sec. 157, p. 660.]
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, road or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command.
[49-627, added 1988, ch. 265, sec. 158, p. 660.]
(1) Upon all highways of sufficient width a vehicle shall be driven upon the right half of the roadway except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(b) When an obstruction exists making it necessary to drive to the left of the center of the highway. Any person doing so shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within a distance as to constitute an immediate hazard;
(c) Upon a highway divided into three (3) marked lanes for traffic under the applicable rules; or
(d) Upon a highway restricted to one-way traffic.
(2) Upon all highways any vehicle proceeding at less than normal speed of traffic at the time and place and under the conditions then existing, shall be driven in the right-hand lane available for traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(3) No vehicle shall be driven to the left of the center line upon any highway having four (4) or more lanes for moving traffic and providing for two-way movement of traffic, except when authorized by a traffic-control device designating certain lanes to the left side of the center of the highway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (1)(b) of this section. This subsection shall not be construed as prohibiting the crossing of the centerline in making a left turn into or from an alley, private road or driveway.
[49-630, added 1988, ch. 265, sec. 159, p. 661.]
Drivers of vehicles proceeding in opposite directions shall pass each other to the right. Upon highways having width for not more than one (1) line of traffic in each direction, each driver shall give to the other at least one-half the main traveled portion of the highway as possible.
[49-631, added 1988, ch. 265, sec. 160, p. 661.]
The following shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special requirements stated:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
[49-632, added 1988, ch. 265, sec. 161, p. 662.]
(1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) Upon a highway with unobstructed pavement of sufficient width for two (2) or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. That movement shall not be made by driving off the roadway.
[49-633, added 1988, ch. 265, sec. 162, p. 662.]
No vehicle shall be driven to the left side of the center of the highway in overtaking and passing another vehicle proceeding in the same direction, unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred (200) feet of any approaching vehicle.
[49-634, added 1988, ch. 265, sec. 163, p. 662.]
(1) No vehicle shall be driven on the left side of the highway under the following conditions:
(a) When approaching or upon the crest of a grade or a curve in the highway where the driver’s view is obstructed within a distance as to create a hazard in the event another vehicle might approach from the opposite direction;
(b) When approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing, unless otherwise indicated by traffic control devices;
(c) When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct or tunnel.
(2) The foregoing limitations shall not apply upon a one-way highway, nor under the conditions described in subsection (1)(b) of section 49-630, Idaho Code, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.
(3) A motorist may drive to the left of no passing pavement markings to complete a passing maneuver started in advance of the no-passing zone, providing the requirements of section 49-634, Idaho Code, are met.
(4) The provisions of this section do not apply under the conditions described in section 49-630(1)(b), Idaho Code, nor to the driver of a vehicle turning into, or from a highway.
[49-365, added 1988, ch. 265, sec. 164, p. 662.]
Upon a highway designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by traffic-control devices.
[49-636, added 1988, ch. 265, sec. 165, p. 663.]
Whenever any highway has been divided into two (2) or more clearly marked lanes for traffic the following, in addition to all else, shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
(2) Upon a highway which is divided into three (3) lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic within a safe distance, or in preparation for making a left-turn or where the center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and the allocation is designated by a traffic-control device.
(3) Traffic-control devices may be erected directing specified traffic to use a designated lane, or designate those lanes to be used by traffic moving in a particular direction, regardless of the center of the highway and drivers of vehicles shall obey the directions of every device.
(4) Traffic-control devices may be installed prohibiting the changing of lanes on sections of highways and drivers of vehicles shall obey the directions of every device.
[49-637, added 1988, ch. 265, sec. 166, p. 663.]
(1) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle, the traffic upon and the condition of the highway.
(2) The driver of any motor vehicle drawing another vehicle when traveling upon a highway outside of a business or residential district and which is following another motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This shall not prevent a motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles.
(3) Motor vehicles being driven upon any highway outside of a business or residential district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each vehicle or combination of vehicles in order to enable any other vehicle to enter and occupy the space without danger. This provision shall not apply to funeral processions.
[49-638, added 1988, ch. 265, sec. 167, p. 664.]
On a two-lane highway outside an urban area where passing is unsafe due to oncoming traffic or other conditions, the driver of a vehicle, including but not limited to a vehicle traveling slower than the normal speed of traffic, a slow moving vehicle, a farm tractor, construction equipment, or an implement of husbandry, behind which three (3) or more vehicles are formed in line shall turn off the roadway at the nearest place designated as a turnout or at the next available location where it is safe and reasonable for the vehicle to be pulled over in order to permit the following vehicles to pass. Such driver shall not be deemed to violate this section if he has not, during the time when three (3) or more vehicles are formed in line behind his vehicle, passed a designated turnout or location where it would be safe and reasonable for the vehicle to be pulled over.
[49-639, added 1988, ch. 265, sec. 168, p. 664; am. 2023, ch. 94, sec. 1, p. 288; am. 2026, ch. 120, sec. 2, p. 601.]
(1) When two (2) vehicles approach or enter an unmarked or uncontrolled intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.
(2) The right of way rule declared in subsection (1) of this section is modified as follows:
(a) At "T" intersections where one (1) highway ends when it meets a second highway not ending at that point of convergence. When two (2) vehicles approach or enter a "T" intersection from different directions at approximately the same time, the driver of the vehicle on the highway ending at the intersection shall yield the right of way to the other vehicle;
(b) At through highways; and
(c) Otherwise as stated in this title.
[49-640, added 1988, ch. 265, sec. 169, p. 664; am. 1996, ch. 403, sec. 1, p. 1336.]
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection, or so close as to constitute an immediate hazard.
[49-641, added 1988, ch. 265, sec. 170, p. 665.]
The driver of a vehicle about to enter or cross a highway from any place other than another highway shall yield the right-of-way to all vehicles approaching on the highway to be entered or crossed.
[49-642, added 1988, ch. 265, sec. 171, p. 665.]
(1) The driver of a vehicle shall yield the right-of-way to any vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by traffic-control devices.
(2) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever that vehicle displays flashing lights meeting the requirements adopted by the board.
[49-643, added 1988, ch. 265, sec. 172, p. 665.]
The driver of a vehicle intending to turn shall do so as follows:
(1) Both the approach for a right turn and the right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(2) The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Whenever practicable the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction on the highway being entered.
(3) Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by traffic-control devices:
(a) A left turn shall not be made from any other lane;
(b) A vehicle shall not be driven in the lane except when preparing for or making a left turn from or into the highway or when preparing for or making a U-turn when otherwise permitted by law.
[49-644, added 1988, ch. 265, sec. 173, p. 665.]
(1) The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.
(2) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred (500) feet, or where a no-passing zone has been established.
[49-645, added 1988, ch. 265, sec. 174, p. 666.]
(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad and shall not proceed until he can do so safely. These requirements shall apply when:
(a) A stop sign is in place and there is an absence of any mechanical warning signals;
(b) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment;
(c) A crossing gate is lowered or when a flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment;
(d) A railroad train or other on-track equipment approaching within approximately one thousand five hundred (1,500) feet of the highway crossing emits a signal audible from that distance and the railroad train or other on-track equipment, by reason of its speed or nearness to the crossing, is an immediate hazard;
(e) An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing.
(2) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.
[49-648, added 1988, ch. 265, sec. 175, p. 666; am. 1998, ch. 13, sec. 1, p. 112; am. 2021, ch. 168, sec. 2, p. 471.]
(1) The driver of any vehicle stopped at a railroad grade crossing shall listen and look in both directions along the track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment and shall not proceed until he can do so safely. Upon proceeding when it is safe to do so the driver shall cross only in a gear of the vehicle in order that there will be no necessity for manually changing gears while traversing the crossing, and the driver shall not manually shift gears while crossing the tracks.
(2) This section shall not apply at:
(a) Any railroad grade crossing at which traffic is controlled by a peace officer or flagman;
(b) Any railroad grade crossing at which traffic is regulated by a traffic control signal;
(c) Any railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train or other on-track equipment; or
(d) Any railroad grade crossing at which a traffic control device gives notice that the stopping requirement imposed by this section does not apply.
[49-649, added 1988, ch. 265, sec. 176, p. 667; am. 2021, ch. 168, sec. 3, p. 472.]
(1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten (10) or less miles per hour or a vertical body or load clearance of less than one-half (1/2) inch per foot of the distance between any two (2) adjacent axles or, in any event, of less than nine (9) inches, measured above the level surface of a highway, upon or across any tracks at a railroad grade crossing without first complying with this section.
(2) Notice of intended crossing shall be given to a station agent of the railroad and a reasonable time be given to the railroad to provide proper protection at the crossing.
(3) Before making the crossing, the person operating or moving the vehicle or equipment shall first stop not less than fifteen (15) feet nor more than fifty (50) feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train or other on-track equipment or for signals indicating the approach of a train or other on-track equipment and shall not proceed until the crossing can be made safely.
(4) No crossing shall be made when warning is given by automatic signal, crossing gates, a flagman, or otherwise of the immediate approach of a railroad train, car, or other on-track equipment. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.
[49-650, added 1988, ch. 265, sec. 177, p. 667; am. 2021, ch. 168, sec. 4, p. 472.]
The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residential district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the highway to be entered where the driver has a view of approaching traffic.
[49-651, added 1988, ch. 265, sec. 178, p. 668.]
(1) It shall be unlawful for the operator of any vehicle to fail to stop his or her vehicle when directed to do so by a member of a school safety patrol who is on duty and who is wearing the school-designated insignia of a school safety patrol member. It shall further be unlawful for the operator of any vehicle to disregard any other reasonable directions of a properly identified member of a school safety patrol while he or she is on duty.
(2) For the purposes of this section, a school safety patrol consists of one (1) or more student body members appointed by an administrative officer of a school. A school safety patrol member shall wear a badge or other appropriate insignia marked "School Patrol" while in the performance of his or her duties, and may display "STOP" or other proper traffic directional signs at school crossings or other points where school children are crossing or about to cross a public street or highway.
[49-652, added 2017, ch. 60, sec. 2, p. 138; am. 2018, ch. 73, sec. 1, p. 169.]
(1) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling on any narrow or winding highway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(2)(a) Where no special hazard or condition exists that requires lower speed for compliance with subsection (1) of this section, the limits as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of the maximum limits:
(i) Thirty-five (35) miles per hour in any residential, business or urban district, unless otherwise posted in accordance with section 49-207(2) or (3), Idaho Code;
(ii) Seventy-five (75) miles per hour on interstate highways, unless otherwise posted in accordance with section 49-201(4), Idaho Code, and provided that this speed may be increased to eighty (80) miles per hour if the department completes an engineering and traffic study on the interstate highway and concludes that the increase is in the public interest and the transportation board concurs with such conclusion;
(iii) Sixty-five (65) miles per hour on state highways, unless otherwise posted in accordance with section 49-201(4), Idaho Code, and provided that this speed may be increased to seventy (70) miles per hour if the department completes an engineering and traffic study on the state highway and concludes that the increase is in the public interest and the transportation board concurs with such conclusion;
(iv) Fifty-five (55) miles per hour in other locations, unless otherwise posted, up to a maximum of seventy (70) miles per hour.
(b) Subject to all other applicable motor vehicle laws, a driver of a passenger car, motorcycle or pickup truck, not towing any other vehicle, may exceed the posted speed limit by up to fifteen (15) miles per hour while passing another vehicle traveling at less than the posted speed limit, in order to safely pass the vehicle. The overtaking vehicle shall return to the right-hand lane and reduce speed to the posted speed limit as soon as practicable. This paragraph shall be applicable only to:
(i) Passing on the left on roadways divided into two (2) lanes providing only one (1) lane of traffic in each direction and where the posted speed limit is fifty-five (55) miles per hour or greater; or
(ii) Passing one (1) or more vehicles traveling in the same direction while in a passing lane. For the purposes of this subparagraph, "passing lane" means an extra roadway lane created by widening a length of roadway to allow faster-moving vehicles to overtake slower-moving vehicles traveling in the same direction without crossing into an opposing travel lane. This subparagraph shall not apply to a vehicle that passes on the right within a passing lane area or to a vehicle that overtakes another vehicle by moving into an opposing traffic lane. This subparagraph shall not apply to roadways with a posted speed limit below fifty-five (55) miles per hour or to any portion of a roadway that is within an incorporated city.
(iii) This paragraph shall not be applicable in construction zones. For purposes of basic rule violations and penalties imposed pursuant to this section and Idaho infraction rule 9, the fifteen (15) mile per hour allowance in passing situations provided in this paragraph shall be deemed to be the maximum speed limit from which fines are determined.
(3) For vehicles with five (5) or more axles operating at a gross weight of more than twenty-six thousand (26,000) pounds, the maximum lawful speed limits on interstate highways, in nonurban areas, in urban areas, on state highways, or in other locations shall be the same as for vehicles with less than five (5) axles and operating at a gross weight of twenty-six thousand (26,000) pounds or less.
[49-654, added 1988, ch. 265, sec. 179, p. 668; am. 1989, ch. 89, sec. 1, p. 210; am. 1991, ch. 100, sec. 3, p. 223; am. 1996, ch. 270, sec. 4, p. 878; am. 1997, ch. 155, sec. 6, p. 450; am. 1997, ch. 377, sec. 1, p. 1207; am. 1998, ch. 158, sec. 1, p. 534; am. 2012, ch. 325, sec. 6, p. 905; am. 2014, ch. 126, sec. 1, p. 357; am. 2015, ch. 24, sec. 1, p. 29; am. 2017, ch. 83, sec. 1, p. 227; am. 2025, ch. 78, sec. 1, p. 355; am. 2026, ch. 108, sec. 1, p. 555.]
No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with the law. Notwithstanding any minimum speed that may be authorized and posted pursuant to this section, no person shall operate a vehicle in the extreme left-hand lane of a controlled-access highway for a period of time that impedes the flow of other traffic traveling at a lawful rate of speed.
[49-655, added 1988, ch. 265, sec. 180, p. 669; am. 2018, ch. 130, sec. 1, p. 278.]
No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to the bridge or structure, when the structure is posted as provided in this title.
[49-656, added 1988, ch. 265, sec. 181, p. 669.]
(1) No person shall operate a vehicle in excess of the posted maximum speed limit established for a highway work zone when the work zone is designated by appropriately placed signs indicating: the work zone; the reduced speed limit; and notice of an enhanced penalty for exceeding the reduced speed limit.
(2) Violation of the provisions of this section shall be an infraction punishable by a fixed penalty of fifty dollars ($50.00).
[49-657, added 1996, ch. 370, sec. 2, p. 1246; am. 2005, ch. 83, sec. 3, p. 298.]
(1) No person shall operate a vehicle in excess of the posted maximum speed limit established for a posted school zone. If a posted school zone speed limit sign includes the words "when children are present," the term shall mean one (1) or more children. The definition applies to children present on the same side of the street as the school building or across the street from the school building in any direction within the marked school zone.
(2) Violation of the provisions of this section shall be an infraction punishable by a minimum penalty of not less than seventy-five dollars ($75.00).
[49-658, added 2008, ch. 372, sec. 1, p. 1017.]
(1) Outside a business or residential district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave the vehicle off the roadway, but in every event in an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicle shall be available from a distance of two hundred (200) feet in each direction upon the highway.
(2) This section and sections 49-660 and 49-661, Idaho Code, shall not apply to the driver of any vehicle which is disabled in such a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the vehicle in that position.
[49-659, added 1988, ch. 265, sec. 182, p. 670.]
(1) Except when necessary to avoid conflict with other traffic, in compliance with law, the directions of a peace officer or traffic control device, no person shall:
(a) Stop, stand or park a vehicle:
On the traffic side of any vehicle stopped or parked at the edge or curb of a highway;
On a sidewalk;
Within an intersection;
On a crosswalk;
Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
Alongside or opposite any highway excavation or obstruction when stopping, standing, or parking would obstruct traffic;
Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
On any railroad tracks;
On any controlled-access highway;
At any place where traffic-control devices prohibit stopping.
(b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
In front of a public or private driveway;
Within fifteen (15) feet of a fire hydrant;
Within twenty (20) feet of a crosswalk at an intersection;
Within thirty (30) feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a highway; provided, however, that local authorities may by ordinance or resolution permit the standing or parking of vehicles which are six (6) feet or less in height within such thirty (30) foot distance, or as may be specified by ordinance or resolution or as may be designated with appropriate signs;
Within twenty (20) feet of the driveway entrance to any fire station and on the side of a highway opposite the entrance to any fire station within seventy-five (75) feet of the entrance (when properly sign-posted);
At any place where traffic-control devices prohibit standing.
(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
Within fifty (50) feet of the nearest rail of a railroad crossing;
At any place where traffic-control devices prohibit parking.
(2) No person shall move a vehicle not lawfully under his control into any prohibited area or away from a curb such a distance as to be unlawful.
[49-660, added 1988, ch. 265, sec. 183, p. 670; am. 1992, ch. 195, sec. 1, p. 604.]
(1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way highway shall be stopped or parked with the right-hand wheels parallel to and within eighteen (18) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.
(2) Except when otherwise provided by local ordinances, every vehicle stopped or parked upon a one-way highway shall be stopped or parked parallel to the curb or edge of the highway, in the direction of authorized traffic movement, with its right-hand wheels within eighteen (18) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within eighteen (18) inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.
(3) Local authorities may permit angle parking on any highway, except that angle parking shall not be permitted on any federal-aid or state highway unless the transportation department has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
[49-661, added 1988, ch. 265, sec. 184, p. 671.]
(1) Whenever any peace officer finds a vehicle in violation of any of the provisions of section 49-659, Idaho Code, the officer is authorized to move the vehicle, or require the driver or other person in charge of the vehicle to move it to a position off the roadway.
(2) Any peace officer is authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway in a position or under circumstances as to obstruct the normal movement of traffic.
(3) Any peace officer is authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:
(a) A report has been made that the vehicle has been stolen or taken without the consent of its owner; or
(b) The person or persons in charge of the vehicle are unable to provide for its custody or removal; or
(c) The person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.
(4) Whenever any peace officer finds a vehicle inoperable as a result of an accident and standing upon a highway, the officer is authorized to require the driver or other person in charge of the vehicle to have the vehicle removed from the scene of the accident to a position off the paved or main-traveled part of the highway. In the event that the owner of the vehicle is left incapacitated resulting from injuries suffered from the accident, the officer is authorized to have the inoperative vehicle moved from the scene to the nearest garage or other place of safety.
(5) A peace officer is authorized to require the removal from the main-traveled part of the highway cargo or debris caused by a motor vehicle accident, provided that:
(a) The accident occurs with no apparent serious personal injury or death; and
(b) The removal can be accomplished safely and the removal will result in the improved safety or convenience of travel on the highway.
(6) A transportation department employee in the exercise of the management, control and maintenance of a highway of the state highway system may assist in the removal from the main-traveled part of the highway cargo or debris caused by a motor vehicle accident when directed by a peace officer.
(7) Neither the peace officer nor transportation department employee, nor anyone acting under the direction of the officer is liable for damage to the motor vehicle, cargo or debris caused by reasonable efforts of removal.
(8) Nothing herein shall be construed to interfere with the duty of any city, county or state police officer to investigate and detect crime and enforce the penal, traffic or highway laws of this state or any political subdivision.
[49-662, added 1988, ch. 265, sec. 185, p. 672; am. 2005, ch. 310, sec. 1, p. 962.]
(1) It is unlawful to operate a neighborhood electric vehicle on any highway with a posted speed limit of over thirty-five (35) miles per hour.
(2) It is unlawful for a person operating a neighborhood electric vehicle to cross any highway with a posted speed limit greater than forty-five (45) miles per hour.
[49-663, added 2005, ch. 183, sec. 5, p. 567; am. 2009, ch. 194, sec. 1, p. 628.]
A person operating a motorcycle shall ride only upon the permanent and regular seat attached to it, and the operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the vehicle.
[49-665, added 1988, ch. 265, sec. 186, p. 673.]
(1) No person under eighteen (18) years of age shall ride upon or be permitted to operate a motorcycle, motorbike, utility type vehicle or an all-terrain vehicle unless at all times when so operating or riding upon the vehicle he is wearing, as part of his motorcycle, motorbike, UTV or ATV equipment, a protective safety helmet of a type and quality equal to or better than the standards established for helmets by the director. The provisions of this section shall not apply when such vehicles are operated or ridden on private property or are used as an implement of husbandry. The provisions of this section shall also not apply to completely enclosed autocycles or to UTVs that are equipped with a roll cage and seat belts.
(2) Except as provided in section 49-672, Idaho Code, any operator or passenger in a UTV equipped with safety restraints who is sixteen (16) years of age or younger shall wear a safety restraint that is properly fastened about such operator’s or passenger’s body at all times while the vehicle is in motion.
(3) A citation may be issued to any occupant of a UTV who is sixteen (16) years of age or younger and who fails to wear a safety restraint while such vehicle is in motion pursuant to the requirements of subsection (2) of this section.
(4) A citation may be issued to any person who operates a UTV if any occupant of such UTV who is sixteen (16) years of age or younger fails to wear a safety restraint while such vehicle is in motion pursuant to the requirements of subsection (2) of this section.
(5) A person who is issued a citation pursuant to this section shall be subject to a fine of fifty dollars ($50.00). A conviction under this section shall not result in violation point counts pursuant to section 49-326, Idaho Code, nor shall such a conviction be deemed to be a moving traffic violation for the purposes of establishing rates of motor vehicle insurance charged by a casualty insurer.
[49-666, added 1988, ch. 265, sec. 187, p. 673; am. 2005, ch. 204, sec. 1, p. 614; am. 2008, ch. 409, sec. 8, p. 1135; am. 2015, ch. 230, sec. 4, p. 725; am. 2025, ch. 73, sec. 1, p. 337.]
(1) No person shall operate a snowmobile on any controlled-access highway.
(2) No person shall operate a snowmobile on any other highway except when crossing the highway at a right angle, when use of the highway by other vehicles is impossible because of snow, or when the operation is authorized by the authority having jurisdiction over the highway.
[49-669, added 1988, ch. 265, sec. 188, p. 673.]
(1) No noncommercial motor vehicle operator shall transport a child who is six (6) years of age or younger in a motor vehicle manufactured with seat belts after January 1, 1966, unless the child is properly secured in a child safety restraint that meets the requirements of federal motor vehicle safety standard no. 213.
(2) The provisions of this section shall not apply:
(a) If all of the motor vehicle’s seat belts are in use, but in such an event any unrestrained child to which this section applies shall be placed in the rear seat of the motor vehicle, if it is so equipped; or
(b) When the child is removed from the car safety restraint and held by the attendant for the purpose of nursing the child or attending the child’s other immediate physiological needs.
(3) The failure to use a child safety restraint shall not be considered under any circumstances as evidence of contributory negligence, nor shall such failure be admissible as evidence in any civil action with regard to negligence.
[49-672, added 1988, ch. 265, sec. 189, p. 673; am. 1995, ch. 55, sec. 1, p. 128; am. 2005, ch. 209, sec. 1, p. 625.]
(1) Except as provided in section 49-672, Idaho Code, and subsection (2) of this section, each occupant of a motor vehicle that has a gross vehicle weight of not more than eight thousand (8,000) pounds, and that was manufactured with safety restraints in compliance with federal motor vehicle safety standard no. 208, shall have a safety restraint properly fastened about the occupant’s body at all times when the vehicle is in motion.
(2) The provisions of this section shall not apply to:
(a) An occupant of a motor vehicle who possesses a written statement from a licensed physician that the occupant is unable for medical reasons to wear a safety restraint;
(b) Occupants of motorcycles, implements of husbandry and emergency vehicles;
(c) Occupants of seats of a motor vehicle in which all safety restraints are then properly in use by other occupants of that vehicle; or
(d) Mail carriers only if all vehicle regulations and safety practices of the United States postal service are adhered to.
(3)(a) A citation may be issued to:
(i) Any occupant of the motor vehicle who is age eighteen (18) years or older and fails to wear a safety restraint as required in this section; and
(ii) The operator of the motor vehicle who is age eighteen (18) years or older if any occupant under eighteen (18) years of age fails to wear a safety restraint as required in this section. For purposes of this subparagraph, it shall be deemed a single violation regardless of the number of occupants not properly restrained.
(b) A person issued a citation pursuant to this subsection shall be subject to a fine of ten dollars ($10.00). A conviction under this subsection shall not result in violation point counts as prescribed in section 49-326, Idaho Code, nor shall such a conviction be deemed to be a moving traffic violation for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer.
(4) A citation may be issued to the operator of the motor vehicle if the operator is under eighteen (18) years of age and the operator or any other occupant who is under eighteen (18) years of age fails to wear a safety restraint as required in this section. For purposes of this subsection, it shall be deemed a single violation regardless of the number of occupants not properly restrained. A person issued a citation pursuant to this subsection shall be subject to a fine of ten dollars ($10.00), plus court costs. A conviction under this subsection shall not result in violation point counts as prescribed in section 49-326, Idaho Code. In addition, a conviction under this subsection shall not be deemed to be a moving traffic violation for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer.
(5) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when the operator of the motor vehicle has been detained for a suspected violation of another law.
(6) The department shall initiate and conduct an educational program, to the extent sufficient private donations or federal funds for this specific purpose are available to the department, to encourage compliance with the provisions of this section and to publicize the effectiveness of use of safety restraints and other restraint devices in reducing risk of harm to occupants of motor vehicles.
(7) The department shall evaluate the effectiveness of the provisions of this section and shall include a report of its findings in its annual evaluation report on the Idaho highway safety plan which it submits to the national highway traffic safety administration and federal highway administration pursuant to 23 U.S.C. section 402.
(8) The failure to use a safety restraint shall not be considered under any circumstances as evidence of contributory or comparative negligence, nor shall such failure be admissible as evidence in any civil action with regard to negligence.
[49-673, added 1988, ch. 265, sec. 190, p. 674; am. 1989, ch. 192, sec. 1, p. 474; am. 1989, ch. 310, sec. 22, p. 795; am. 2003, ch. 183, sec. 1, p. 497; am. 2014, ch. 320, sec. 2, p. 794; am. 2018, ch. 139, sec. 1, p. 285; am. 2018, ch. 295, sec. 2, p. 699; am. 2023, ch. 32, sec. 4, p. 163.]
Harvest season for the purpose of vehicles transporting agricultural products shall be year-round.
[49-674, added 2006, ch. 138, sec. 2, p. 395; am. 2015, ch. 208, sec. 6, p. 644.]
The Idaho transportation department and the Idaho state police are authorized to enter into one (1) or more joint exercise of powers agreements pursuant to sections 67-2328 through 67-2333, Idaho Code, as deemed necessary to implement the provisions of this act. The purpose of this legislation is to provide a practical inspection method to ensure regulation with a minimum amount of disruption.
[49-675, added 2020, ch. 327, sec. 1, p. 943.]
(1) The provisions of this section shall be carried out through the use of existing state law enforcement and Idaho transportation department resources.
(2) When stopped at a fixed or portable check station or when otherwise lawfully stopped as described in this section, any commercial diesel-powered motor vehicle that is within either of the definitions provided in section 49-123(2)(d) or (2)(e), Idaho Code, and that has a gross vehicle weight in excess of twenty-six thousand (26,000) pounds may be subject to visual inspection for dyed fuel in the diesel fuel tanks mounted to such vehicle when the operator is requested to submit to such inspection:
(a) By any Idaho state police officer, when so requested as a secondary action when the operator of the motor vehicle has been detained for a suspected violation of another law;
(b) By any Idaho state police officer at a fixed or portable check station established by the Idaho transportation department pursuant to the provisions of section 40-510, Idaho Code; or
(c) By an authorized employee of the Idaho transportation department on duty at a fixed or portable check station established by the Idaho transportation department pursuant to the provisions of section 40-510, Idaho Code.
(3) Neither the Idaho state police nor the Idaho transportation department shall set up random inspection stations for the purpose of testing for dyed diesel.
(4) No state agency shall report any violation of section 63-2425, Idaho Code, to any agency of the federal government.
(5) Inspection authority as provided in subsection (2) of this section shall be limited solely to the motor vehicle inspected and shall not serve as reasonable suspicion for any state agency to thereafter inspect other motor vehicles, facilities, or property of the motor vehicle’s owner beyond the scope of subsection (2) of this section. Inspection authority shall not apply to portable fuel tanks or slip tanks that may be in the motor vehicle being inspected or to any bulk storage tanks.
(6) If dyed fuel is discovered pursuant to an inspection authorized by this section, a citation shall be issued to the operator of the vehicle. The applicable penalty shall be as provided for in section 63-2460(2), Idaho Code, except that the penalty for a refusal of inspection shall be one thousand dollars ($1,000). No additional fines or penalties shall be imposed. The operator of the vehicle shall be responsible for any penalty pursuant to this section. All penalties collected shall be remitted to the state treasurer and placed in the highway distribution account.
(7) The provisions of this section shall not apply in the event of a disaster or emergency declared by the governor under chapter 10, title 46, Idaho Code, or by the president of the United States under the provisions of the disaster relief act of 1974, 42 U.S.C. 5121 et seq., if the use of dyed fuel is necessary to assist with such disaster or emergency.
(8) For purposes of this section, "dyed fuel" means diesel fuel that has been dyed or marked at a refinery or terminal under the provisions of 26 U.S.C. 4082 and regulations adopted thereunder or under the clean air act and regulations adopted thereunder on which the tax under section 63-2402, Idaho Code, has not been paid.
(9) For purposes of this section, "highways" shall have the same meaning as provided in section 63-2401, Idaho Code.
(10) By January 1, 2021, the Idaho transportation department and the Idaho state police shall enter into one (1) or more joint exercise of powers agreements pursuant to sections 67-2328 through 67-2333, Idaho Code, as necessary to implement the provisions of this section.
(11) Prior to conducting any inspections under the authority of this section, the Idaho state police and the Idaho transportation department, in collaboration with private groups, trade associations, and other dyed fuel user groups, shall provide outreach and education on the use of dyed fuels in Idaho for a period of six (6) months from the effective date of this section.
(12) The provisions of this section and associated funding shall be evaluated by the legislature following a period of five (5) years after the effective date of this section.
[49-676, added 2020, ch. 327, sec. 2, p. 943.]
(1) A pedestrian shall obey the instructions of any traffic-control devices specifically applicable to him, unless otherwise directed by a peace officer.
(2) Pedestrians shall be subject to traffic and pedestrian-control signals as provided in sections 49-802 and 49-803, Idaho Code.
(3) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this title.
[49-701, added 1988, ch. 265, sec. 192, p. 675.]
(1) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping, if need be, to yield to a pedestrian crossing the highway within a crosswalk.
(2) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
(3) Subsection (1) of this section shall not apply under the conditions stated in section 49-704(2), Idaho Code.
(4) Whenever any vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the highway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
(5) Except where otherwise indicated by a crosswalk or other traffic-control devices a pedestrian shall cross the highway at right angles to the curb or by the shortest route to the opposite curb.
[49-702, added 1988, ch. 265, sec. 193, p. 675.]
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
[49-703, added 1988, ch. 265, sec. 194, p. 676.]
(1) Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.
(2) Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.
(3) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
(4) No pedestrian shall cross a highway intersection diagonally unless authorized by traffic-control devices. When authorized to cross diagonally, pedestrians shall cross only in accordance with the traffic-control devices pertaining to crossing movements.
[49-704, added 1988, ch. 265, sec. 195, p. 676.]
(1) Upon the immediate approach of an authorized emergency vehicle making use of an audible or visual signal meeting the requirements of section 49-623, Idaho Code, or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency or police vehicle.
(2) This section shall not relieve the driver of an authorized emergency or police vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian.
[49-705, added 1988, ch. 265, sec. 196, p. 676.]
The driver of a vehicle shall yield the right-of-way to any individual with a disability carrying a clearly visible white cane or accompanied by a service dog.
[49-706, added 1988, ch. 265, sec. 197, p. 676; am. 2019, ch. 213, sec. 7, p. 647.]
The driver of a vehicle crossing a sidewalk shall yield the right-of-way to any pedestrian and all other traffic on the sidewalk.
[49-707, added 1988, ch. 265, sec. 198, p. 676.]
(1) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(2) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
(3) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-way highway, shall walk only on the left side of the highway.
(4) Except as otherwise provided in this title, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.
[49-708, added 1988, ch. 265, sec. 199, p. 677.]
(1) No person shall stand on a highway for the purpose of soliciting a ride.
(2) No person shall stand on a highway for the purpose of soliciting employment, business or contributions from the occupant of any vehicle, provided however, that a person may stand on a highway other than a state or federal highway to solicit contributions if authorized to do so in writing by the local authority having jurisdiction over the highway, and provided further, that any such authorization shall not be valid for more than one (1) year from the date of issuance.
(3) No person shall stand on or in proximity to a highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a highway.
[49-709, added 1988, ch. 265, sec. 200, p. 677; am. 2001, ch. 392, sec. 1, p. 1371.]
(1) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given.
(2) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.
[49-710, added 1988, ch. 265, sec. 201, p. 677.]
(1) The parent of any child and the guardian of any ward shall not authorize or knowingly permit the child or ward to violate any of the provisions of the remainder of this chapter.
(2) Statutes applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to exceptions stated herein.
[49-713, added 1988, ch. 265, sec. 202, p. 677.]
(1) Every operator or rider of a human-powered vehicle, bicycle, or electric-assisted bicycle shall have all of the rights and all of the duties applicable to the driver of any other vehicle under the provisions of chapters 6 and 8 of this title, except as otherwise provided in this chapter and except as to those provisions which by their nature can have no application.
(2) Every operator or rider of a human-powered vehicle, bicycle, or electric-assisted bicycle shall exercise due care.
[49-714, added 1988, ch. 265, sec. 203, p. 678; am. 2005, ch. 202, sec. 1, p. 612; am. 2026, ch. 24, sec. 2, p. 114.]
(1) No operator or rider of a human-powered vehicle, bicycle, or electric-assisted bicycle shall ride other than on or astride an attached permanent and regular seat.
(2) No human-powered vehicle, bicycle, or electric-assisted bicycle shall be used to carry more persons at one (1) time than the number for which it is designed and equipped.
(3) An adult rider may carry a child securely attached to his person in a backpack or sling or in a child carrier attached to a human-powered vehicle, bicycle, or electric-assisted bicycle.
[49-715, added 1988, ch. 265, sec. 204, p. 678; am. 2026, ch. 24, sec. 3, p. 115.]
(1) No person riding upon any bicycle, coaster, roller skates, skateboard, sled or toy vehicle shall attach it or himself to any vehicle upon a highway.
(2) The provisions of this section shall not prohibit the attachment of a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer has been designed for that attachment.
(3) No person riding upon any bicycle or human-powered vehicle shall follow a vehicle so closely as to constitute an immediate hazard to the rider.
[49-716, added 1988, ch. 265, sec. 205, p. 678.]
(1) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
(a) When overtaking and passing another bicycle or vehicle proceeding in the same direction.
(b) When preparing for a left turn at an intersection or into a private road or driveway.
(c) When reasonably necessary to avoid conditions including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to continue along the right-hand curb or edge.
(2) Any person operating a bicycle upon a one-way roadway with two (2) or more marked traffic lanes may ride as near the left-hand curb or edge of the roadway as practicable.
[49-717, added 1988, ch. 265, sec. 206, p. 678.]
Persons riding bicycles upon a highway shall not ride more than two (2) abreast except on paths or parts of highways set aside for the exclusive use of bicycles. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
[49-718, added 1988, ch. 265, sec. 207, p. 679.]
No person operating a bicycle shall carry any package, bundle or article which prevents the operator from using at least one (1) hand in the control and operation of the bicycle.
[49-719, added 1988, ch. 265, sec. 208, p. 679.]
(1) A person operating a bicycle, human-powered vehicle, or an electric-assisted bicycle approaching a stop sign shall slow down and, if required for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping, the person shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection or junction of highways, except that a person, after slowing to a reasonable speed and yielding the right-of-way, if required, may cautiously make a turn or proceed through the intersection without stopping.
(2) A person operating a bicycle or human-powered vehicle approaching a steady red traffic control light shall stop before entering the intersection and shall yield to all other traffic. Once the person has yielded, he may proceed through the steady red light with caution. Provided however, that a person, after slowing to a reasonable speed and yielding the right-of-way, if required, may cautiously make a right-hand turn. A left-hand turn onto a one-way highway may be made on a red light after stopping and yielding to other traffic.
(3) A person riding a bicycle shall comply with the provisions of section 49-644, Idaho Code.
(4) A signal of intention to turn right or left shall be given during not less than the last one hundred (100) feet traveled by the bicycle before turning, provided that a signal by hand and arm need not be given if the hand is needed in the control or operation of the bicycle.
[49-720, added 1988, ch. 265, sec. 209, p. 679; am. 2005, ch. 205, sec. 1, p. 615; am. 2019, ch. 84, sec. 6, p. 209.]
(1) A person operating a bicycle upon and along a sidewalk, or across a highway upon and along a crosswalk, shall yield the right-of-way to any pedestrian, and shall give an audible signal before overtaking and passing a pedestrian or another bicyclist.
(2) A person shall not operate a bicycle along and upon a sidewalk or across a highway upon and along a crosswalk, where the use of bicycles is prohibited by official traffic control devices.
(3) A person operating a vehicle by human power, or operating a motorized wheelchair or an electric personal assistive mobility device upon and along a sidewalk, or across a highway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.
[49-721, added 1988, ch. 265, sec. 210, p. 680; am. 2002, ch. 160, sec. 5, p. 473.]
(1) Bicycle racing on the highways is prohibited except as authorized in this section.
(2) Bicycle racing on a highway shall not be unlawful when a racing event has been approved by the department or local law enforcement authorities on any highway under their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users.
(3) By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempt from compliance with any traffic laws otherwise applicable, provided that traffic control is adequate to assure the safety of all highway users.
[49-722, added 1988, ch. 265, sec. 211, p. 680.]
Every bicycle in use at the times described in section 49-903, Idaho Code, shall be operated with a light emitting device visible from a distance of at least five hundred (500) feet to the front, attached to the bicycle or the rider, and with a reflector clearly visible from the rear of the bicycle.
[49-723, added 1988, ch. 265, sec. 212, p. 681.]
A bicycle or its rider may be equipped with lights or reflectors in addition to those required in section 49-723, Idaho Code.
[49-724, added 1988, ch. 265, sec. 213, p. 681.]
Except as otherwise provided in this title, an electric-assisted bicycle shall be subject to all the safety requirements of a bicycle. A rider of an electric-assisted bicycle shall be afforded all the rights and privileges and be subject to all of the duties and safety requirements as the rider of a bicycle. Subject to the provisions in this chapter, electric-assisted bicycles may be ridden where bicycles are permitted to travel, unless excluded by local ordinance or by signage posted by the public agency with jurisdiction after notice by inclusion on a governing board agenda.
[49-725, added 2019, ch. 84, sec. 7, p. 209.]
Electric-assisted bicycles are not subject to the provisions of section 49-301, Idaho Code, relating to driver’s licenses. An electric-assisted bicycle and any person operating an electric-assisted bicycle are not subject to the provisions of this title relating to financial responsibility, driver’s licenses, titles, registration, and license plate requirements. An electric-assisted bicycle shall be considered a motor vehicle to the extent required by 23 U.S.C. 154.
[49-726, added 2019, ch. 84, sec. 8, p. 210.]
On and after September 1, 2019, manufacturers or distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in arial font in at least 9-point type.
[49-727, added 2019, ch. 84, sec. 9, p. 210.]
Electric-assisted bicycles may be used in places where bicycles are permitted to travel including but not limited to multiuse paths, unless excluded by local ordinance or by signage posted by the public agency with jurisdiction after notice by inclusion on a governing board agenda.
[49-728, added 2019, ch. 84, sec. 10, p. 210.]
A violation of applicable provisions in this chapter or in chapter 6, title 49, Idaho Code, by a rider of an electric-assisted bicycle shall be an infraction.
[49-729, added 2019, ch. 84, sec. 11, p. 210.]
(1) The driver of any vehicle shall obey the instructions of any traffic-control device placed or held in accordance with the provisions of this title, unless otherwise directed by a peace officer, subject to the exceptions granted the driver of an authorized emergency vehicle by this title.
(2) No provisions of this title for which traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation a device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that traffic-control devices are required, the section shall be effective even though no devices are erected and in place.
(3) Whenever traffic-control devices are placed or held in position approximately conforming to the requirements of this title, the devices shall be presumed to have been placed or held by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(4) Any traffic-control device placed or held pursuant to the provisions of this title and purporting to conform to the lawful requirement pertaining to those devices shall be presumed to comply with the requirements of this title, unless the contrary shall be established by competent evidence.
[49-801, added 1988, ch. 265, sec. 215, p. 681.]
Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one (1) at a time or in combination, only the colors green, red and yellow shall be used, except for pedestrian-control signals and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(1) Green indication:
(a) A driver facing a circular green signal shall proceed straight through or turn right or left unless a sign prohibits a right or left turn. Any driver, including one turning, shall yield the right-of-way to other traffic and to pedestrians lawfully within the intersection, as defined in section 49-110, Idaho Code, or an adjacent crosswalk.
(b) A driver facing a green arrow signal, shown alone or in combination with another indication, shall enter the intersection only to make the movement indicated by the green arrow, or other movement that is permitted by other indications shown at the same time. A driver facing a left turn green arrow shall yield the right-of-way to other traffic and to pedestrians lawfully within the intersection or an adjacent crosswalk.
(c) A pedestrian facing a circular green signal, unless prohibited by a sign or otherwise directed by a pedestrian-control signal, as provided in section 49-803, Idaho Code, may proceed across the highway within any marked or unmarked crosswalk, but shall yield the right-of-way to vehicles lawfully within the intersection at the time that signal is first shown.
(d) A pedestrian facing a green arrow turn signal, unless otherwise directed by a pedestrian-control signal, as provided in section 49-803, Idaho Code, shall not enter the highway.
(2) Steady yellow indication:
(a) A driver facing a steady circular yellow or yellow arrow signal is being warned that the related green movement is ending, or that a red indication will be shown immediately after it.
(b) A pedestrian facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal, as provided in section 49-803, Idaho Code, is being warned that there is insufficient time to cross the highway.
(3) Steady red indication:
(a) A driver facing a steady circular red signal alone shall stop before entering the intersection, as defined in section 49-110, Idaho Code, and shall remain stopped until an indication to proceed is shown except as provided in paragraph (b) of this subsection. While stopped at the intersection, the driver shall remain stopped behind the marked limit line, as defined in section 49-113, Idaho Code, or if there is no marked limit line, shall not block the crosswalk.
(b) Except when a sign is in place prohibiting a turn, a driver after stopping, facing a steady circular red signal, may turn right, or turn left from a highway onto a one-way highway after stopping. Vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(c) A driver facing a steady red arrow indication shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain stopped until an indication permitting movement is shown.
(d) Unless otherwise directed by a pedestrian-control signal, a pedestrian facing a steady circular red or red arrow signal shall not enter the traffic lanes of a highway.
(e) Notwithstanding any provision of law to the contrary, the driver of a motorcycle approaching an intersection that is controlled by a triggered traffic-control signal using a vehicle detection device that is inoperative due to the size of the motorcycle, shall come to a full and complete stop at the intersection. If the signal fails to operate after one cycle of the traffic signal, the driver may proceed after exercising due caution and care. It is not a defense to a violation of section 49-801, Idaho Code, that the driver of a motorcycle proceeded under the belief that a traffic-control signal used a vehicle detection device or was inoperative due to the size of the motorcycle when such signal did not use a vehicle detection device or that any such device was not in fact inoperative due to the size of the motorcycle.
(4) When an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or crosswalk or limit line indicating where the stop shall be made, but in the absence of a sign or marking, the stop shall be made at the signal.
[49-802, added 1988, ch. 265, sec. 216, p. 682; am. 1998, ch. 393, sec. 1, p. 1233; am. 2006, ch. 381, sec. 1, p. 1199.]
Whenever a pedestrian-control signal showing the words "Walk" or "Wait" or "Don’t Walk" is in place, the signal shall indicate the following:
(1) Flashing or Steady "Walk". A pedestrian facing the signal may proceed across the highway in the direction of the signal, but shall yield the right-of-way to vehicles lawfully within the intersection at the time the signal is first shown.
(2) Flashing or Steady "Don’t Walk" or "Wait". No pedestrian shall start to cross the highway in the direction of the signal, but any pedestrian who has partially completed crossing shall proceed to a sidewalk or safety island while the "Don’t Walk" or "Wait" signal is showing.
[49-803, added 1988, ch. 265, sec. 217, p. 683.]
(1) Whenever an illuminated flashing red or yellow light is used in a traffic signal or with a traffic sign, it shall require obedience by drivers as follows:
(a) Flashing red (stop signal).– When a red lens is illuminated with rapid intermittent flashes, a driver shall stop at a clearly marked limit line, but if none before entering the crosswalk on the near side of the intersection, or if none then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering it, and the driver may proceed subject to the rules applicable after making a stop at a stop sign.
(b) Flashing yellow (caution signal).– When a yellow lens is illuminated with rapid intermittent flashes, a driver may proceed through the intersection or past the signal only with caution.
(2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the requirements set forth in section 49-648, Idaho Code.
[49-804, added 1988, ch. 265, sec. 218, p. 684.]
(1) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be, or is an imitation of, or resembles a traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any traffic-control device or any railroad sign or signal.
(2) No person shall place or maintain, nor shall any public authority permit upon any highway any traffic-control device bearing on it any commercial advertising, except for business signs included as a part of official roadside area information panels approved by the department.
(3) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for traffic control signs.
(4) Every prohibited sign, signal or marking is declared to be a public nuisance and the authority having jurisdiction over the highway is empowered to remove the public nuisance or cause it to be removed without notice.
[49-805, added 1988, ch. 265, sec. 219, p. 684.]
When lane use control signals are placed over individual lanes, the signals shall indicate and apply to drivers of vehicles as follows:
(1) Green indication. A driver may travel in any lane over which a green signal is shown.
(2) Steady yellow indication. A driver is being warned that a lane control change is in process.
(3) Steady red indication. A driver shall not enter or travel in any lane over which a red signal is shown.
(4) Flashing yellow indication. A driver may use the lane only for the purpose of making a left turn to or from the highway.
[49-806, added 1988, ch. 265, sec. 220, p. 685.]
(1) Preferential right-of-way may be indicated by stop signs or yield signs as authorized in section 49-212, Idaho Code.
(2) Except when directed to proceed by a peace officer or traffic-control signal, every driver of a vehicle approaching a stop sign shall stop:
(a) at a clearly marked stop line, or
(b) before entering the crosswalk on the near side of the intersection, or
(c) at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering it.
After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of highways.
(3) The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, or before entering the crosswalk on the near side of the intersection, or at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of highways. Provided, however, that if a driver is involved in a collision with a vehicle in the intersection or junction of highways, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield right-of-way.
[49-807, added 1988, ch. 265, sec. 221, p. 685.]
(1) No person shall turn a vehicle onto a highway or move a vehicle right or left upon a highway or merge onto or exit from a highway unless and until the movement can be made with reasonable safety nor without giving an appropriate signal.
(2) A signal of intention to turn or move right or left when required shall be given continuously to warn other traffic. On controlled-access highways and before turning from a parked position, the signal shall be given continuously for not less than five (5) seconds and, in all other instances, for not less than the last one hundred (100) feet traveled by the vehicle before turning.
(3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give such a signal.
(4) The signals required on vehicles by section 49-809, Idaho Code, shall not be flashed on one (1) side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one (1) side only of a parked vehicle except as may be necessary for compliance with this section.
[49-808, added 1988, ch. 265, sec. 222, p. 686; am. 2005, ch. 98, sec. 1, p. 318.]
(1) Any stop or turn signal when required shall be given either by means of hand and arm, or by signal lamps, except as otherwise provided in subsection (2) of this section.
(2) Any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of the vehicle exceeds twenty-four (24) inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen (14) feet. The latter measurements shall apply not only to any single vehicle, but also to any combination of vehicles.
[49-809, added 1988, ch. 265, sec. 223, p. 686.]
All signals required to be given by hand and arm shall be given from the left side of the vehicle in the following manner, and the signals shall indicate the following:
(1) Left turn. – Hand and arm extended horizontally.
(2) Right turn. – Hand and arm extended upward. A person operating a bicycle may give a right turn signal by extending the right hand and arm horizontally and to the right side of the bicycle.
(3) Stop or decrease speed. Hand and arm extended downward.
[49-810, added 1988, ch. 265, sec. 224, p. 686.]
(1) As used in this section "optical strobe light device" shall mean a strobe light device which emits an optical signal at a specific frequency to a traffic control signal enabling police or emergency vehicles to obtain the right-of-way at intersections or enabling transportation department, city, county or highway district maintenance vehicles to perform maintenance tests on traffic control signals.
(2) A person shall be guilty of a misdemeanor if the person uses an optical strobe light device on the highways of this state unless the person is operating or riding in an authorized emergency vehicle, as defined in section 49-123, Idaho Code, or is operating or riding in a transportation department, city, county or highway district maintenance vehicle and the person is on official emergency duty while operating or riding in the vehicle.
(3) A person found guilty of violating subsection (2) of this section shall be sentenced by imprisonment of not greater than six (6) months, by a fine not in excess of one thousand dollars ($1,000), or by both such fine and imprisonment.
[49-811, added 2004, ch. 170, sec. 1, p. 549; am. 2014, ch. 38, sec. 17, p. 86.]
(1) The director shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other lamps on snow removal equipment when operated on the highways in lieu of the lamps otherwise required on vehicles by this title. Standards and specifications may permit the use of flashing lights for purposes of identification on snow removal equipment when in service upon the highways.
(2) The director may adopt standards and specifications applicable to lighting equipment on and special warning devices to be carried by school buses supplemental to but consistent with the provisions of section 49-914, Idaho Code. Standards and specifications shall correlate with and so far as possible conform to specifications then current as approved by the society of automotive engineers.
(3) The director is authorized to approve or disapprove lighting devices and to issue and enforce rules establishing standards and specifications for the approval of lighting devices, their installation, adjustment, and aiming, and adjustment when in use on motor vehicles. Regulations shall correlate with and, so far as practicable, conform to the then current standards and specifications of the society of automotive engineers applicable to that equipment.
(4) The director shall approve or disapprove any lighting device, of a type on which approval is specifically required in this title, within a reasonable time after the device has been submitted. He is authorized to set up the procedure which shall be followed when any device is submitted for approval, and upon approving any lamp or device shall issue to the applicant a certificate of approval together with any instructions determined by him. The department shall publish lists of all lamps and devices by name and type which have been approved. Any person desiring approval of a device shall notify the director in writing of the person’s intention and shall submit the device for testing and approval as directed by the director. The director shall not approve a lighting device on any motorcycle or motor-driven cycle that does not have a self-recovery lighting system such as a generator or alternator to replace the power supply.
(5) The director shall approve and disapprove warning lighting devices on emergency and police vehicles and establish standards and specifications for emergency warning lighting devices.
(6) When the department has reason to believe that an approved device as being sold commercially does not comply with the requirements of this title, the director may, after giving thirty (30) days’ previous notice to the person holding the certificate of approval for the device in this state, conduct a hearing upon the question of compliance of the approved device. After the hearing he shall determine whether the approved device meets the requirements of this title. If the device does not meet the requirements of this title, he shall give notice to the person holding the certificate of approval for the device in this state.
If at the expiration of ninety (90) days after the notice, the person holding the certificate of approval for the device has failed to satisfy the department that the approved device as thereafter to be sold meets the requirements of this title, the director shall suspend or revoke the approval issued until or unless the device is resubmitted to and retested by an approved testing agency and found to meet the requirements of this title, and may require that all the devices sold since the notification following the hearing be replaced with devices that do comply with the requirements of this title. The department may at the time of the retest, purchase in the open market and submit to the testing agency one or more sets of the approved devices, and if the device upon retest fails to meet the requirements of this title, the director may refuse to renew the certificate of approval of the device.
(7) The director shall adopt and enforce safety requirements, rules and specifications applicable to air conditioning equipment which shall correlate with and, so far as possible, conform to the current recommended practice or standard applicable to air conditioning equipment approved by the society of automotive engineers.
(8) The director in cooperation with the state board of education shall adopt and enforce rules not inconsistent with this title to govern the design and operation of all school buses when owned and operated by any school district or privately owned and operated under contract with any school district in the state, and these rules shall by reference be made a part of any contract with a school district. Every school district, its officers and employees, and every person employed under contract by a school district shall be subject to these rules.
[49-901, added 1988, ch. 265, sec. 226, p. 687; am. 2000, ch. 469, sec. 116, p. 1577.]
(1) It shall be unlawful for any person to drive, or move, or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in an unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with the lamps and other requirements in proper condition and adjustment, as required by the provisions of this chapter, or which is equipped in any manner in violation of the provisions of this chapter.
(2) Nothing contained in the provisions of this chapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter.
(3) The provisions of this chapter, with respect to equipment on vehicles, shall not apply to implements of husbandry, road machinery, road rollers, farm tractors or slow moving vehicles except as otherwise specifically made applicable.
[49-902, added 1988, ch. 265, sec. 227, p. 688.]
Every vehicle upon a highway at any time from sunset to sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead shall display lighted lamps and illuminating devices as here respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as stated herein.
[49-903, added 1988, ch. 265, sec. 228, p. 689; am. 1990, ch. 166, sec. 1, p. 363.]
(1) Whenever a requirement is stated as to the distance from which certain lamps and devices shall render objects visible, or within which lamps or devices shall be visible, those provisions shall apply during the times stated in section 49-903, Idaho Code, in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
(2) Whenever a requirement is stated as to the mounted height of lamps or devices, it shall mean from the center of the lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load.
[49-904, added 1988, ch. 265, sec. 229, p. 689.]
(1) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the motor vehicle. The head lamps shall comply with the requirements and limitations set forth in this chapter.
(2) Every motorcycle and every motor-driven cycle shall be equipped with at least one (1) and not more than two (2) head lamps which shall comply with the requirements and limitations of this chapter.
(3) Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the head lamp of not more than fifty-four (54) inches nor less than twenty-four (24) inches to be measured as set forth in section 49-904(2), Idaho Code.
(4) No person shall operate any motor vehicle on the highways with head lamps which are composed of, covered by, or treated with any material, substance, system, or component which, when such head lamps are not in operation, is highly reflective or otherwise opaque and nontransparent.
(5) No person shall have for sale, sell, or offer for sale any motor vehicles with head lamps that are in violation of the provisions of this section.
(6) Nothing in this section shall be construed to make illegal the operation or sale of any motor vehicle, the head lamps of which are composed of, covered by, or treated with any material, substance, system, or component with which the motor vehicle was sold when new or could have been equipped for sale when new as standard or optional equipment under any United States government statute or regulation governing the sale at the time of manufacture.
(7) Any person convicted of a violation of the provisions of this section shall be guilty of an infraction.
[49-905, added 1988, ch. 265, sec. 230, p. 689; am. 1992, ch. 88, sec. 1, p. 275.]
(1) Every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one (1) tail lamp mounted on the rear, which when lighted as required, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear. In the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. Every mentioned vehicle, other than a truck tractor, registered in this state and manufactured or assembled after December 31, 1955, shall be equipped with at least two (2) tail lamps mounted on the rear, which when lighted as required, shall comply with the provisions of this section.
(2) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two (72) inches nor less than twenty (20) inches.
(3) Any tail lamp shall be wired so to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
(4) Nothing herein shall prohibit the display on any vehicle thirty (30) years or older of tail lamps containing a blue or purple insert lens not to exceed one (1) inch in diameter, provided the tail lamp or lamps otherwise comply with the requirements of this section.
[49-906, added 1988, ch. 265, sec. 231, p. 690; am. 1993, ch. 95, sec. 1, p. 244.]
(1) Every motor vehicle sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, two (2) red reflectors. Every motorcycle and every motor-driven cycle shall carry at least one (1) reflector meeting the requirements of this section. Vehicles of the type mentioned in section 49-909, Idaho Code, shall be equipped with reflectors as required in the applicable subsections.
(2) Except as otherwise provided, every reflector shall be mounted on the vehicle at a height of not less than twenty (20) inches nor more than sixty (60) inches measured as set forth in section 49-904(2), Idaho Code, and shall be of a size and characteristic and mounted so to be visible at night from all distances within three hundred fifty (350) feet to one hundred (100) feet from the vehicle when directly in front of lawful upper beams of head lamps.
[49-907, added 1988, ch. 265, sec. 232, p. 690.]
(1) After December 31, 1986, it shall be unlawful for any person to sell any motor vehicle, including any motorcycle or motor-driven cycle, in this state or for any person to drive a vehicle on the highways unless it is equipped with at least one (1) stop lamp meeting the requirements of section 49-919, Idaho Code.
(2) No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after December 31, 1954, unless it is equipped with mechanical or electrical turn signals meeting the requirements of section 49-918, Idaho Code. This subsection shall not apply to a motorcycle or motor-driven cycle.
[49-908, added 1988, ch. 265, sec. 233, p. 691.]
In addition to other equipment required in this chapter, the following vehicles shall be equipped as follows:
(1) On every bus or truck, whatever its size, there shall be:
(a) On each side, one (1) reflector, at or near the rear; and
(b) On the rear, two (2) reflectors, one (1) at each side, and one (1) stoplight.
(2) On every bus or truck eighty (80) inches or more in over-all width and less than thirty (30) feet in over-all length, in addition to the requirements in subsection (1):
(a) On the front, two (2) clearance lamps, one (1) at each side; and
(b) On the rear, two (2) clearance lamps, one (1) at each side.
(3) On every bus or truck thirty (30) feet or more in over-all length, regardless of its width, in addition to the requirements in subsection (1), clearance lamps required in subsection (2), plus:
(a) On each side, two (2) side marker lamps, one (1) at or near the front and one (1) at or near the rear; and
(b) On each side, one (1) reflector at or near the front.
(4) On every truck tractor, the cab of which is as wide as or wider than any vehicle being drawn:
(a) On the front, two (2) clearance lamps, one (1) at each side; and
(b) On each side, one (1) side marker lamp at or near the front.
(5) On every trailer or semitrailer having a gross weight in excess of three thousand (3,000) pounds, if wider than the truck or the cab of the truck tractor drawing it, the following:
(a) On the front, two (2) clearance lamps, one (1) at each side;
(b) On each side, two (2) side marker lamps, one (1) at or near the front and one (1) at or near the rear;
(c) On each side, two (2) reflectors, one (1) at or near the front and one (1) at or near the rear; and
(d) On the rear, two (2) clearance lamps, one (1) at each side, also two (2) reflectors, one (1) at each side, and one (1) stoplight.
(6) On every trailer or semitrailer having a gross weight in excess of three thousand (3,000) pounds if of the same width or less than the truck or the cab of the truck drawing it, the following:
(a) On each side, one (1) side marker lamp near the rear;
(b) On each side, two (2) reflectors, one (1) at or near the front and one (1) at or near the rear;
(c) On the rear, two (2) clearance lamps, one (1) at each side; and
(d) On the rear, two (2) reflectors, one (1) at each side and one (1) stoplight.
(7) On every pole trailer in excess of three thousand (3,000) pounds gross weight:
(a) On each side, one (1) side marker lamp and one (1) clearance lamp which may be in combination, to show the front, side and rear; and
(b) On the rear of the pole trailer or load, two (2) reflectors, one (1) at each side.
(8) On every trailer, semitrailer and pole trailer weighing three thousand (3,000) pounds gross or less:
(a) On the rear, two (2) reflectors, one (1) on each side; and
(b) On the front, two (2) reflectors, one (1) on each side.
(9) If any trailer or semitrailer is so loaded or is of dimensions which obscure the stoplight on the towing vehicle, then the drawn vehicle shall also be equipped with one (1) stoplight.
(10) Reflectors shall be mounted at a height no less than twenty-four (24) inches and not higher than sixty (60) inches above the ground on which the vehicle stands. If the highest part of the permanent structure of the vehicle is less than twenty-four (24) inches, the reflector at that point shall be mounted as high as that part of the permanent structure will permit. Rear reflectors on a pole trailer may be mounted on each side of the bolster or load. Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but the reflector shall meet all the other reflector requirements of this chapter.
(11) Clearance lamps shall be mounted on the permanent structure of the vehicle in a manner to indicate its extreme width and as near the top as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as prescribed for both.
(12) Lighting devices required shall be mounted, so far as practicable, in a manner to reduce the hazard of their being obscured by mud or dust thrown by the vehicle’s wheels.
(13) On every trailer where the connecting tongue is fifteen (15) feet or more in length two (2) amber-colored reflectors shall be mounted on the connecting tongue, one (1) on each side near the center of the connecting tongue.
[49-909, added 1988, ch. 265, sec. 234, p. 691; am. 1991, ch. 284, sec. 1, p. 731; am. 2005, ch. 126, sec. 1, p. 410.]
(1) Front clearance lamps and marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.
(2) Rear clearance lamps and marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.
(3) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stoplight or other signal device, which may be red, amber, or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a back-up lamp may be white, amber, or red.
[49-910, added 1988, ch. 265, sec. 235, p. 693.]
For the purposes of this chapter lighting devices utilizing various colors of lighted globes approved by the director of the Idaho state police for use on vehicles shall be restricted to the following class of vehicles:
(1) Police vehicles. Only police vehicles shall display blue lights, lenses or globes.
(2) Designated emergency vehicles. Fire fighting vehicles, vehicles belonging to personnel of voluntary fire departments, vehicles belonging to, or operated by EMS personnel certified or otherwise recognized by the Idaho military division while in the performance of emergency medical services, ambulances, sheriff’s search and rescue vehicles which are under the immediate supervision of the county sheriff, and wreckers, as defined in section 49-124, Idaho Code, which are engaged in motor vehicle recovery operations and are blocking part or all of one or more lanes of traffic, are designated emergency vehicles. With the exception of school buses as provided in section 49-915, Idaho Code, only fire fighting vehicles, vehicles belonging to personnel of voluntary fire departments, vehicles belonging to, or operated by EMS personnel certified or otherwise recognized by the Idaho military division while in the performance of emergency medical services, ambulances, designated emergency vehicles described herein, vehicles authorized by the Idaho transportation board for use in the enforcement of vehicle laws specified in section 40-510, Idaho Code, and other emergency vehicles designated by the director of the Idaho state police may display red flashing lights or red lenses or globes which are visible from the front of the vehicle.
(3) All vehicles. Any motor vehicle may have attached to it a flashing amber light to warn motorists of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing the vehicle displaying such lighting. The driver of an approaching vehicle shall yield the right-of-way to any stationary vehicle displaying a flashing amber light.
[49-910A, added 1988, ch. 265, sec. 236, p. 693; am. 1989, ch. 310, sec. 23, p. 796; am. 1991, ch. 288, sec. 4, p. 744; am. 1993, ch. 377, sec. 1, p. 1385; am. 1996, ch. 308, sec. 2, p. 1013; am. 2000, ch. 469, sec. 117, p. 1579; am. 2025, ch. 94, sec. 31, p. 483.]
(1) Every reflector upon any vehicle referred to in section 49-909, Idaho Code, shall be of a size and characteristic and maintained to be readily visible at nighttime from all distances within six hundred (600) feet to one hundred (100) feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color light to the sides, and those mounted on the rear shall reflect a red color to the rear.
(2) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred (500) feet from the front and rear, respectively, of the vehicle.
(3) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred (500) feet from the side of the vehicle on which mounted.
[49-911, added 1988, ch. 265, sec. 237, p. 693.]
Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp, except tail lamps, need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicles required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
[49-912, added 1988, ch. 265, sec. 238, p. 694.]
Whenever the load upon any vehicle extends to the rear four (4) feet or more beyond the bed or body of the vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in section 49-903, Idaho Code, a red light or lantern plainly visible from a distance of at least five hundred (500) feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of the load a red or fluorescent orange flag a minimum of eighteen (18) inches by eighteen (18) inches and hung so that the flag is visible to the driver of a vehicle approaching from the rear.
[49-913, added 1988, ch. 265, sec. 239, p. 694; am. 2000, ch. 101, sec. 1, p. 222; am. 2019, ch. 94, sec. 1, p. 339.]
(1) Whenever a vehicle is lawfully parked upon a highway at the times specified in section 49-903, Idaho Code, and in the event there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon the highway, no lights need be displayed upon the parked vehicle.
(2) Whenever a vehicle is parked or stopped upon a highway, whether attended or unattended, at the times specified in section 49-903, Idaho Code, and there is not sufficient light to reveal any person or object within a distance of five hundred (500) feet upon the highway, the parked or stopped vehicle shall be equipped with one or more lamps meeting the following requirements: at least one (1) lamp shall display a white or amber light visible from a distance of five hundred (500) feet to the front of the vehicle, and the same lamp or at least one (1) other lamp shall display a red light visible from the same distance to the rear of the vehicle. The location of the lamp shall always be such that at least one (1) lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. This provision shall not apply to a motor-driven cycle.
(3) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
[49-914, added 1988, ch. 265, sec. 240, p. 694.]
(1) Every school bus shall, in addition to any other equipment and distinctive markings required by this title, be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall display to the front two (2) alternately flashing red lights located at the same level and to the rear two (2) alternately flashing red lights located at the same level. These lights shall be visible at five hundred (500) feet in normal sunlight.
(2) Any school bus shall, in addition to the lights required by subsection (1), be equipped with yellow signal lamps mounted near each of the four (4) red lamps and at the same level, but closer to the vertical centerline of the bus, which shall display two (2) alternately flashing yellow lights to the front and two (2) alternately flashing yellow lights to the rear. These lights shall be visible at five hundred (500) feet in normal sunlight. These lights shall be displayed by the school bus driver at least two hundred (200) feet before every stop at which the alternately flashing red lights required by subsection (1) will be actuated.
(3) Every school bus shall be equipped with a semaphore stop arm which shall be a flat eighteen (18) inch octagon exclusive of brackets for mounting, with reflectorized material on both sides, be red with a silver white border, and have a legend reading "stop" six (6) inches high with three-quarter (3/4) inch wide silver white letters, mounted outside the bus on the left side opposite driver’s seat and have a driver-controlled mechanism. Flashing lamps in the stop arm may be connected to the alternating red flashing signal lamp circuits. The stop arm signal may be vacuum, electric, air or manually controlled.
[49-915, added 1988, ch. 265, sec. 241, p. 695.]
(1) Every farm tractor and every self-propelled farm equipment unit or implement of husbandry not equipped with an electric lighting system shall at all times specified in section 49-903, Idaho Code, be equipped with at least one (1) lamp displaying a white light visible from a distance of not less than five hundred (500) feet to the front of the vehicle and shall also be equipped with at least one (1) lamp displaying a red light visible from at least the same distance to the rear of the vehicle, and two (2) red reflectors visible from a distance of one hundred (100) to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps. Lights required in this section shall be positioned so that one (1) lamp showing to the front and one (1) lamp or reflector showing to the rear will indicate the further projection of the tractor, unit or implement on the side of the road used in passing the vehicle.
(2) Every combination of farm tractor and towed unit of farm equipment or implement of husbandry not equipped with an electric lighting system shall at all times specified in section 49-903, Idaho Code, be equipped with the following:
(a) At least one (1) lamp mounted to indicate as nearly as practicable the extreme left projection of the combination and displaying a white light visible from a distance of not less than five hundred (500) feet to the front of the combination;
(b) Two (2) red reflectors visible from a distance of one hundred (100) to six hundred (600) feet to the rear of the combination when illuminated by the upper beams of head lamps. The reflectors shall be mounted in a manner to indicate as nearly as practicable the extreme left and right rear projections of the towed unit or implement on the highway.
(3) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry equipped with an electric lighting system shall at all times specified in section 49-903, Idaho Code, be equipped with two (2) single-beam or multiple-beam head lamps meeting the requirements of sections 49-922 or 49-924, Idaho Code, respectively or, as an alternative, section 49-926, Idaho Code, and two (2) red lamps visible from a distance of not less than five hundred (500) feet to the rear, or in the alternative, one (1) red lamp visible from a distance of not less than five hundred (500) feet to the rear and two (2) red reflectors visible from a distance of one hundred (100) to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps. Red lamps or reflectors shall be mounted in the rear of the farm tractor or self-propelled implement of husbandry to indicate as nearly as practicable the extreme left and right projections of the vehicle on the highway.
(4) The farm tractor element of every combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system shall at all times specified in section 49-903, Idaho Code, be equipped with two (2) single-beam or multiple-beam head lamps meeting the requirements of sections 49-922, 49-924, or 49-926, Idaho Code.
[49-916, added 1988, ch. 265, sec. 242, p. 696.]
Every vehicle, including animal-drawn vehicles and other vehicles not specifically required by the provisions of this chapter to be equipped with lamps or other lighting devices, shall at all times specified in section 49-903, Idaho Code, be equipped with at least one (1) lamp displaying a white light visible from a distance of not less than five hundred (500) feet to the front of the vehicle, and shall also be equipped with two (2) lamps displaying a red light visible from the same distance to the rear of the vehicle, or as an alternative, one (1) lamp displaying a red light visible from the same distance to the rear and two (2) red reflectors visible for distances of one hundred (100) to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps.
[49-917, added 1988, ch. 265, sec. 243, p. 697.]
(1) Any motor vehicle may be equipped with not more than two (2) spot lamps, and each lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred (100) feet ahead of the vehicle.
(2) Any motor vehicle may be equipped with not more than two (2) fog lamps mounted on the front, at a height not less than twelve (12) inches nor more than thirty (30) inches above the level surface upon which the vehicle stands, and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five (25) feet ahead project higher than a level of four (4) inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting these requirements may be used with lower head lamp beams as specified in section 49-922(2), Idaho Code.
(3) Any motor vehicle may be equipped with not more than two (2) auxiliary passing lamps mounted on the front at a height not less than twenty-four (24) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands. The provisions of section 49-922, Idaho Code, shall apply to any combination of head lamps and auxiliary passing lamps.
(4) Any motor vehicle may be equipped with not more than two (2) auxiliary driving lamps mounted on the front at a height not less than sixteen (16) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands. The provisions of section 49-922, Idaho Code, shall apply to any combination of head lamps and auxiliary driving lamps.
[49-918, added 1988, ch. 265, sec. 244, p. 697.]
(1) Any motor vehicle may be equipped and when required under this chapter shall be equipped with stop lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred (100) feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake, and which may but need not, be incorporated with one or more other rear lamps.
(2) Any motor vehicle may be equipped and when required under this chapter shall be equipped with lamps or mechanical signal devices showing to the front and rear for the purposes of indicating an intention to turn either to the right or left. When lamps are used for this purpose, the lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable, and when in use shall display a white or amber light, or any shade of color between white and amber, visible from a distance of not less than one hundred (100) feet to the front in normal sunlight, and the lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable, and when in use shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred (100) feet to the rear in normal sunlight. When actuated the lamps shall indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made. Where mechanical signal devices are used for this purpose, the devices shall be self-illuminated when in use at the times specified in section 49-903, Idaho Code.
(3) No stop lamp or signal lamp or device shall project a glaring light.
[49-919, added 1988, ch. 265, sec. 245, p. 698.]
(1) Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit an amber or white light without glare.
(2) Any motor vehicle may be equipped with not more than one (1) running-board courtesy lamp on each side which shall emit a white or amber light without glare.
(3) Any motor vehicle may be equipped with not more than two (2) back-up lamps either separately or in combination with other lamps, but any back-up lamp shall not be lighted when the motor vehicle is in forward motion.
(4) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped may display that warning in addition to any other warning signals required by this title. Lamps used to display the warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights, or any shade or color between white and amber. The lamps used to display the warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than five hundred (500) feet under normal atmospheric conditions at night.
(5) Any commercial vehicle eighty (80) inches or more in overall width may be equipped with not more than three (3) identification lamps showing to the front which shall emit an amber light without glare, and not more than three (3) identification lamps showing to the rear which shall emit a red light without glare. These lamps shall be placed in a row and may be mounted either horizontally or vertically.
[49-920, added 1988, ch. 265, sec. 246, p. 698.]
(1) Every motor vehicle, trailer, semitrailer, truck tractor, and pole trailer used in the state may be equipped with an auxiliary lighting system consisting of:
(a) One (1) green light to be activated when the accelerator of the motor vehicle is depressed;
(b) Not more than two (2) amber lights to be activated when the motor vehicle is moving forward, or standing and idling, but is not under the power of the engine.
(2) An auxiliary system shall not interfere with the operation of vehicle tail lamps and shall not interfere with the operation of vehicle signal lamps and signal devices. The system may operate in conjunction with tail lamps or signal lamps and signal devices.
(3) Only one (1) color of the system may be illuminated at any one (1) time, and at all times either the green light, or amber light or lights shall be illuminated when the tail lamps of the vehicle are not illuminated.
(4) The green light and the amber light or lights, when illuminated, shall be plainly visible at a distance of five hundred (500) feet to the rear.
(5) Only one (1) system may be mounted on a motor vehicle, trailer, semitrailer, truck tractor, or pole trailer; and the system shall be rear mounted in a horizontal fashion, at a height of not more than seventy-two (72) inches, nor less than twenty (20) inches.
(6) On a combination of vehicles, only the lights of the rearmost vehicle need actually be seen and distinguished as provided in subsection (4) of this section.
(7) Each manufacturer’s model of such a system described in this section shall be approved by the board before it may be sold or offered for sale in the state.
[49-921, added 1988, ch. 265, sec. 247, p. 699.]
Except as otherwise provided in this chapter, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or their combinations on motor vehicles other than a motorcycle or motor-driven cycle shall be so arranged that selection may be made between distributions of light projected to different elevations, and the lamps may be so arranged that the selection can be made automatically, subject to the following requirements and limitations:
(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of an intensity to reveal persons and vehicles at a distance of at least three hundred fifty (350) feet ahead for all conditions of loading.
(2) There shall be a lowermost distribution of light, or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead. On a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
(3) Every motor vehicle manufactured after December 31, 1954, other than a motorcycle or motor-driven cycle, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
[49-922, added 1988, ch. 265, sec. 248, p. 700.]
(1) Whenever a motor vehicle is being operated on a highway during the times specified in section 49-903, Idaho Code, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle.
(2) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, the driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, shall be deemed to avoid glare at all times, regardless of road contour and loading.
(3) Whenever the driver of a vehicle follows another vehicle within two hundred (200) feet to the rear, except when engaged in the act of overtaking and passing, the driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in section 49-922, Idaho Code.
[49-923, added 1988, ch. 265, sec. 249, p. 700.]
Head lamps arranged to provide a single distribution of light shall be permitted on motor vehicles manufactured prior to January 1, 1955, in lieu of multiple-beam road-lighting equipment specified in this chapter if the single distribution of light complies with the following requirements and limitations:
(1) The head lamps shall be so aimed that when the vehicle is not loaded, none of the high-intensity portion of the light shall at a distance of twenty-five (25) feet ahead project higher than a level of five (5) inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two (42) inches above the level on which the vehicle stands at a distance of seventy-five (75) feet ahead.
(2) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred (200) feet.
[49-924, added 1988, ch. 265, sec. 250, p. 701.]
The head lamp upon every motor-driven cycle may be of the single-beam or multiple-beam type, but in either event shall comply with the requirements and limitations as follows:
(1) Every head lamp on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred (100) feet when the motor-driven cycle is operated at any speed less than twenty-five (25) miles per hour and at a distance of not less than two hundred (200) feet when the motor-driven cycle is operated at a speed of twenty-five (25) or more miles per hour, and at a distance of three hundred (300) feet when the motor-driven cycle is operated at a speed of thirty-five (35) miles or more per hour.
(2) In the event a motor-driven cycle is equipped with multiple-beam head lamps, the beams shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in section 49-922, Idaho Code.
(3) In the event a motor-driven cycle is equipped with a single-beam lamp, the lamp shall be so aimed that when the vehicle is loaded, none of the high-intensity portion of light, at a distance of twenty-five (25) feet ahead, shall project higher than the level of the center of the lamp from which it comes.
[49-925, added 1988, ch. 265, sec. 251, p. 701.]
Any motor vehicle may be operated under the conditions specified in section 49-903, Idaho Code, when equipped with two (2) lighted lamps upon the front capable of revealing persons and objects seventy-five (75) feet ahead in lieu of lamps required in section 49-922 or section 49-924, Idaho Code. At no time shall it be operated at a speed in excess of twenty (20) miles per hour.
[49-926, added 1988, ch. 265, sec. 252, p. 702.]
(1) At all times specified in section 49-903, Idaho Code, at least two (2) lighted lamps shall be displayed, one (1) on each side at the front of every motor vehicle other than a motorcycle or motor-driven cycle, except when the vehicle is parked subject to the requirements governing lights on parked vehicles.
(2) Whenever a motor vehicle equipped with required head lamps is also equipped with any auxiliary lamps, a spot lamp, or any other lamp on the front projecting a beam of intensity greater than three hundred (300) candlepower, not more than a total of four (4) lamps on the front of a vehicle shall be lighted at any one (1) time when upon a highway.
[49-927, added 1988, ch. 265, sec. 253, p. 702.]
(1) Any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, or flashing turn signals, emergency vehicle warning lamps, and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the high-intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five (75) feet from the vehicle.
(2) No person shall drive or move any vehicle or equipment upon any highway with any lamp or device displaying a red light visible from directly in front of the center of the vehicle or equipment. This section shall not apply to any vehicle upon which a red light visible from the front is expressly authorized or required by this title.
(3) As a practical means of determining whether head lamps or auxiliary driving or fog lamps glare the following test shall apply: Any such lamp shall be deemed to be glaring if any part of the main beam strikes the body of a person, vehicle, screen or other object higher than the lamp centers twenty-five (25) feet or more ahead of the vehicle and in no event shall the main bright portion of the beam be higher than forty-two (42) inches at a distance of seventy-five (75) feet ahead of the vehicle.
(4) Flashing lights are prohibited except on an authorized emergency vehicle, school bus, snow removal equipment, or on any vehicle as a means for indicating a right or left turn, or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking or passing.
[49-928, added 1988, ch. 265, sec. 254, p. 702.]
It shall be unlawful to operate any snow removal equipment on any highway unless lamps on the equipment comply with and are lighted when and as required by the standards and specifications adopted by the director of the Idaho transportation department.
[49-929, added 1988, ch. 265, sec. 255, p. 703; am. 1991, ch. 86, sec. 1, p. 191.]
(1) No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer, or use upon any vehicle any head lamp, auxiliary or fog lamp, rear lamp, or reflector which reflector is required in this chapter, or parts of any of the foregoing which tend to change the original design or performance, unless of a type which has been submitted to the director and approved by him, and which bears the trademark or name under which it is approved so as to be legible when installed.
(2) No person shall use upon any motor vehicle, trailer, or semitrailer any lamps mentioned in this section unless the lamps are mounted, adjusted and aimed in accordance with instructions of the department.
[49-930, added 1988, ch. 265, sec. 256, p. 703.]
(1) Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels. If the two (2) separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one (1) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.
(2) Every motorcycle and every motor-driven cycle, when operated upon a highway, shall be equipped with at least one (1) brake, which may be operated by hand or foot.
(3) Every trailer or semitrailer of an unladen weight of one thousand five hundred (1,500) pounds or more when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle and be designed to be applied by the driver of the towing motor vehicle from its cab. The brakes shall be designed and so connected that in case of an accidental breakaway of the towed vehicle, the brakes shall be automatically applied.
(4) Every new motor vehicle, trailer, or semitrailer sold in this state and operated upon the highways shall be equipped with service brakes upon all wheels of the vehicle, except that any motorcycle or motor-driven cycle, trucks and truck tractors having three (3) or more axles need not have brakes on the front wheels. Vehicles equipped with at least two (2) steerable axles need not be equipped with brakes on the wheels of one (1) axle, and any trailer or semitrailer of less than one thousand five hundred (1,500) pounds unladen weight need not be equipped with brakes. Every farm trailer while being used hauling agricultural products from farm to storage, marketing or processing plant, or returning therefrom, and used within a radius of fifty (50) miles, shall be exempt from these braking requirements.
(5) One (1) of the means of brake operation shall consist of a mechanical connection from the operating lever, or by equivalent means to the brake shoes or bands, and this brake shall be capable of holding the vehicle, or combination of vehicles, stationary under any condition of loading on any upgrade or downgrade upon which it is operated.
(6) Brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
(7) Every motor vehicle or combination of vehicles, at all times and under all conditions of loading, shall, upon application of the service (foot) brake, be capable of decelerating and developing a braking force equivalent to minimum required deceleration, and stopping within the requirements set forth in this subsection:
| | | | Equivalent | | --- | --- | --- | --- | | | | | breaking force in | | | Stopping | Deceleration | percentage of | | | distance | in feet | vehicle or | | | in feet | per second | combination weight | | Passenger vehicles, | | | | | not including buses | 25 | 17 | 53.0% | | Single-unit vehicles with a | | | | | manufacturer’s gross vehicle | | | | | weight rating of less than | | | | | 10,000 pounds | 30 | 14 | 43.5% | | Single-unit, 2-axle vehicles with a | | | | | manufacturer’s gross | | | | | vehicle weight rating of | | | | | 10,000 or more pounds | 40 | 14 | 43.5% | | All other vehicles and | | | | | combinations with a | | | | | manufacturer’s gross | | | | | vehicle weight rating of | | | | | 10,000 or more pounds | 50 | 14 | 43.5% |
Compliance with these standards shall be determined either by actual road tests conducted on a substantially level, not to exceed a plus or minus one per cent (1%) grade, dry, smooth, hard-surfaced road that is free from loose material, with stopping distances measured from the actual instant braking controls are moved and from an initial speed of twenty (20) miles per hour; or else by suitable mechanical tests in a testing lane which recreates the same conditions; or by a combination of both methods.
(8) All brakes shall be maintained in good working order and shall be adjusted to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
[49-933, added 1988, ch. 265, sec. 257, p. 704; am. 2015, ch. 208, sec. 7, p. 644.]
(1) The director is authorized to require an inspection of the brake on any motor-driven cycle and to disapprove any brake which he finds will not comply with the performance standard set forth in section 49-933, Idaho Code, or which in his opinion is not so designed or constructed as to insure reasonable and reliable performance in actual use.
(2) The director may request the department to refuse registration for, or suspend or revoke the registration of any vehicle referred to in this section when he determines that the brake on the vehicle does not comply with the provisions of this section.
(3) No person shall operate on any highway any vehicle referred to in this section in the event the director has disapproved the brake equipment upon that vehicle or type of vehicle.
[49-934, added 1988, ch. 265, sec. 258, p. 705.]
(1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass, or similar device on a motor vehicle on a highway. When any motor vehicle was originally equipped with a noise-suppressing system or when any motor vehicle is required by law or regulation of this state or the federal government to have a noise-suppressing system, that system shall be maintained in good working order. No person shall disconnect any part of that system except temporarily in order to make repairs, replacements or adjustments, and no person shall modify or alter that system or its operation in any manner, except to conform to the manufacturer’s specifications. No person shall knowingly operate and no owner shall knowingly cause or permit to be operated any motor vehicle originally equipped or required by any law or regulation of the state or the federal government to be equipped with a noise-suppressing system while any part of that system is disconnected or while that system or its operation is modified or altered in any manner, except to conform to the manufacturer’s specifications.
(2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
(3) No person shall modify the exhaust system of a motor vehicle or a motorcycle in a manner that will amplify or increase the noise of the vehicle or motorcycle above that emitted by the muffler originally installed on the vehicle by the manufacturer.
(4) A showing that the sound made by a passenger motor vehicle or motorcycle exceeds the maximum allowable decibel level shall be prima facie evidence of a violation of subsection (1) of this section.
(5) No person shall sell, offer for sale, or install any noise-suppressing system or device that will produce excessive or unusual noise.
(6) The driver of a commercial vehicle that is in compliance with the provisions of subsection (1) of this section may allow such vehicle to idle for the purpose of using the vehicle’s heating or air conditioning system as long as the driver is parked for the purposes of resting or sleeping. The provisions of this subsection shall include the use of auxiliary power units to provide heating or air conditioning to the vehicle.
(7) A commercial vehicle that is in compliance with the provisions of subsection (1) of this section and that is refrigerated while parked shall not be prohibited to operate while laden with perishable commodities, pharmaceuticals, or both.
[49-937, added 1988, ch. 265, sec. 259, p. 706; am. 2024, ch. 36, sec. 1, p. 238.]
(1) Every motor vehicle shall be equipped with a mirror so located as to reflect to the operator a view of the highway for a distance of at least two hundred (200) feet to the rear of the vehicle.
(2) When a motor vehicle is so loaded or constructed, or is towing a vehicle or trailer which is so loaded or constructed as to obstruct the driver’s view straight to the rear, then the motor vehicle shall be equipped with a mirror on the left side and a mirror on the right side so located as to reflect to the operator a view of the highway for a distance of at least two hundred (200) feet to the rear of the vehicle.
(3) When an operator of a motor vehicle is transporting under special permit authority an oversize load which makes mirrors impractical devices for reflecting to the operator a view of the highway to the rear, a following escort vehicle equipped with proper mirrors meeting the requirements herein may be substituted for the required mirrors on the hauling motor vehicle. The escort vehicle must be a car or light truck and it must be equipped with an oversize load sign, flashing or rotating lights, and a two (2) way radio which provides full-time communication with the escorted vehicle.
[49-940, added 1988, ch. 265, sec. 260, p. 707; am. 1992, ch. 222, sec. 1, p. 671.]
(1) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of the vehicle which obstructs the driver’s clear view of the highway or any intersecting highway.
(2) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be constructed as to be controlled or operated by the driver of the vehicle.
(3) Every windshield wiper upon a motor vehicle shall be maintained in good working order.
[49-943, added 1988, ch. 265, sec. 261, p. 707.]
(1) It is unlawful for any person to place, install, affix, or apply any window tinting film or sunscreening device to the windows of any motor vehicle, except as follows:
(a) Nonreflective window tinting film or sunscreening devices shall not be applied to the windshield below the AS-1 line; if no AS-1 line is identifiable on the windshield, nonreflective window tinting film or sunscreening devices shall not be applied to the windshield below a line extending six (6) inches below and parallel to the exposed windshield;
(b) Nonreflective window tinting film or sunscreening devices that have a light transmission of not less than thirty-five percent (35%) with a tolerance limit of plus or minus three percent (3%) and a luminous reflectance of no more than thirty-five percent (35%) with a tolerance limit of plus or minus three percent (3%) may be applied to the front side vents, front side windows to the immediate right and left of the driver, and the rear window;
(c) Nonreflective window tinting film or sunscreening devices that have a light transmission of not less than twenty percent (20%) with a tolerance limit of plus or minus three percent (3%) and a luminous reflectance of no more than thirty-five percent (35%) with a tolerance limit of plus or minus three percent (3%) may be applied to the side windows to the rear of the driver;
(d) Window tinting films or sunscreening devices are materials or devices that are designed to be used in conjunction with approved vehicle glazing materials for the purpose of reducing the effects of the sun;
(e) Light transmission is the ratio of the amount of total light, expressed in percentages, that is allowed to pass through the product or material to the amount of total light falling on the product or material;
(f) Luminous reflectance is the ratio of the amount of total light, expressed in percentages, that is reflected outward by the product or material to the amount of total light falling on the product or material.
(2) No person shall operate on the public highways, sell, or offer to sell any motor vehicle with a windshield or windows that are not in compliance with the provisions of this section.
(3) The Idaho state police may promulgate rules in order to implement the provisions of this section.
(4) Nonreflective window tinting film or sunscreening devices that have a light transmission of not less than seventy percent (70%) plus or minus three percent (3%) for the front windshield and not less than twenty percent (20%) plus or minus three percent (3%) for the windows, with a luminous reflectance of no more than thirty-five percent (35%) plus or minus three percent (3%) in each instance, is permitted for a motor vehicle operated by, or carrying as a passenger, a person who possesses written verification from a licensed physician that the operator or passenger must be protected from exposure to sunlight or heat for medical reasons associated with past or current treatment; such written verification shall be carried in the vehicle.
(5) Nothing in this section shall be construed to make illegal the operation or sale of any motor vehicle, the windshield or windows of which are composed of, covered by, or treated with any material, substance, system, or component with which the motor vehicle was sold when new or could have been equipped for sale when new as standard or optional equipment from the manufacturer or authorized dealer under any United States government statute or regulation governing such sale at the time of manufacture.
(6) Any person convicted of a violation of the provisions of this section shall be guilty of an infraction.
[49-944, added 1992, ch. 88, sec. 3, p. 275; am. 1993, ch. 400, sec. 1, p. 1466; am. 2000, ch. 469, sec. 118, p. 1580; am. 2023, ch. 112, sec. 1, p. 329.]
No person shall sell any new motor vehicle, nor shall any new motor vehicle be registered unless the vehicle is equipped with safety glazing material of a type approved by the director wherever glazing material is used in doors, windows, and windshields. This provision shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows, and windshields in the drivers’ compartments of the vehicles.
[49-945, added 1988, ch. 265, sec. 263, p. 708.]
(1) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one (1) inch thick above the edge of the flange of the entire periphery.
(2) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the highway.
(3) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, spike, or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except as allowed herein. It shall be permissible to use farm machinery with tires having protuberances which will not injure the highway, and it shall be permissible to use tire chains. Tires with built-in lugs of tungsten carbide or other suitable material, hereinafter called studs, may be used upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid, that will not unduly damage the highway. Motor vehicles, trailers and semitrailers with tires having built-in studs are prohibited on public highways between the dates of May 1 and September 30, annually, except as provided in paragraphs (a), (b) and (c) of this subsection:
(a) Fire pumper/tanker trucks and ladder trucks belonging to fire departments and firefighting agencies are exempt from the prohibited dates.
(b) A vehicle may be equipped year-round with tires that have retractable studs if the studs retract pneumatically or mechanically to at or below the wear bar of the tire when not in use and the retractable studs protrude beyond the wear bar of the tire only between October 1 and April 30. Retractable studs may be made of metal or other material and are not subject to the stud weight requirements of subsection (4) of this section.
(c) Special exemptions from the prohibited dates may be granted by the Idaho transportation board if it is found by the board that enhancements to public safety outweigh the increased pavement wear.
(4) Commercial tire retailers shall not sell studded tires with studs exceeding the following weight and protrusion limitations after July 1, 2005. Commercial tire retailers and tire shops shall not manually install studs exceeding the following weight and protrusion limitations after July 1, 2005.
(a) Studs shall not protrude more than six-hundredths (.06) of an inch from the surface of the tire tread when originally installed.
(b) Stud size shall be as recommended by the manufacturer of the tire for the type and size of the tire.
(c) Studs shall individually weigh no more than one and one-half (1.5) grams if the stud is size 14 or less.
(d) Studs shall individually weigh no more than two and three-tenths (2.3) grams if the stud size is 15 or 16.
(e) Studs shall individually weigh no more than three (3) grams if the stud size is 17 or larger.
(5) If the Idaho transportation department determines, at any time, that Lookout Pass or Fourth of July Pass on interstate 90 or Lolo Pass on state highway 12 is of an unsafe condition so as to require chains, as defined in section 49-104, Idaho Code, in addition to pneumatic tires, the Idaho transportation department may establish requirements for the use of chains on all commercial vehicles as defined in section 49-123(2)(d)(i) and (ii), Idaho Code, traveling on interstate 90 or state highway 12. If the Idaho transportation department establishes that chains are so required, the Idaho transportation department shall:
(a) Provide multiple advance notices of the chain requirement;
(b) Provide adequate opportunities for pull out;
(c) Provide notification at a point at which the commercial vehicle can safely pull out of the normal flow of traffic, prior to the point at which chains are required; and
(d) In no case post requirements for chains on bare pavement.
(6) Provided that the conditions in subsection (5) of this section are met, the chain requirement shall be met by chaining a minimum of one (1) tire on each side of:
(a) One (1) drive axle, regardless of the number of drive axles; and
(b) One (1) axle at or near the rear of each towed vehicle. Such axle shall not include a variable load suspension axle or an axle of a converter dolly.
(7) Chains as required in subsection (6)(a) and (b) of this section mean "chains" as defined in section 49-104, Idaho Code. Any other traction device differing from chains in construction, material or design but capable of providing traction equal to or exceeding that of chains under similar conditions may be used.
(8) The Idaho transportation department shall place and maintain signs and other traffic control devices on the interstate and state highway passes as designated in subsection (5) of this section that indicate the chain requirements under subsection (6) of this section.
(9) Exempt from the chaining requirements provided for in subsections (5) and (6) of this section are:
(a) Motor vehicles operated by the Idaho transportation department when used in the maintenance of the interstate or state highway system; and
(b) The following:
(i) Motor vehicles employed solely in transporting school children and teachers to or from school or to or from approved school activities, when the motor vehicle is either:
Wholly owned and operated by such school; or
Leased or contracted by such school and the motor vehicle is not used in furtherance of any other commercial enterprise;
(ii) Motor vehicles controlled and operated by any farmer when used in the transportation of the farmer’s farm equipment or in the transportation of supplies to the farmer’s farm;
(iii) The transportation of agricultural products at any time of the year;
(iv) Motor propelled vehicles for the sole purpose of carrying United States mail or property belonging to the United States;
(v) Motor carriers transporting products of the forest at any time of the year, including chip trucks;
(vi) Motor carriers transporting products of the mine including sand, gravel and aggregates thereof, excepting petroleum products; and
(vii) Vehicles properly equipped, designed and customarily used for the transportation of disabled or abandoned vehicles by means of a crane, hoist, tow bar, dolly or roll bed, commonly known as a "wrecker truck" or "tow truck."
[49-948, added 1988, ch. 265, sec. 264, p. 709; am. 2003, ch. 124, sec. 1, p. 374; am. 2007, ch. 101, sec. 1, p. 305; am. 2008, ch. 330, sec. 3, p. 907; am. 2009, ch. 157, sec. 10, p. 470; am. 2014, ch. 38, sec. 18, p. 86; am. 2015, ch. 208, sec. 8, p. 646.]
(1) It shall be unlawful for any person to operate or move or any owner to permit to be operated or moved, any motor vehicle, truck, bus, semitrailer or trailer, upon any highway without having the vehicle equipped with fenders or covers which may include flaps or splash aprons, over and to the rear of wheels, as follows:
(a) On the rear wheels of every truck equipped with a body, bus, trailer or semitrailer the fenders or covers shall extend in full width from a point above and forward of the center of the tires over and to the rear of the wheels to a point that is not more than ten (10) inches above the surface of the highway when the vehicle is empty;
(b) Behind the rear wheels of every truck not equipped with a body the fenders or covers shall extend downward in full width from a point not lower than halfway between the center of the wheels and the top of the tires on the wheels to a point that is not more than ten (10) inches above the surface of the highway when the vehicle is empty;
(c) Behind all wheels of every motor vehicle other than trucks, buses, semitrailers, or trailers, the fenders or covers shall extend in full width from a point above and forward of the center of the tire over and to the rear of the wheel to a point that is not more than twenty (20) inches above the surface of the highway, unless the bumper is a factory built bumper fastened directly to the frame of the vehicle pursuant to factory installation requirements;
(d) Fenders or covers are not required on any modified American-made pre-1935 vehicle, or any identifiable vintage or replica thereof that is titled as a later assembled vehicle or replica and is used for show and pleasure use when such vehicle is used and driven only during fair weather on well-maintained hard-surfaced roads.
(2) Fenders or covers, as used in subsection (1) of this section, shall be deemed to be of sufficient size and construction as to comply with those requirements if constructed as follows:
(a) When measured on the cross sections of the tread of the wheel or on the combined cross sections of the treads of multiple wheels, the fender or cover extends at least to each side of the width of the tire or of the combined width of the multiple tires, as the case may be;
(b) The fender or cover is constructed as to be capable at all times of arresting and deflecting dirt, mud, water, or other substance as may be picked up and carried by wheels;
(c) For school buses if the body extension behind the rear wheels exceeds five (5) feet.
[49-949, added 1988, ch. 265, sec. 265, p. 710; am. 1990, ch. 175, sec. 1, p. 372; am. 1997, ch. 376, sec. 1, p. 1206.]
(1) No person shall operate any truck, bus, or truck tractor upon any highway outside the corporate limits of municipalities at any time specified in section 49-903, Idaho Code, unless there shall be carried in the vehicle the following equipment, except as provided in subsection (2):
(a) At least three (3) flares, or three (3) red electric lanterns, or three (3) portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred (600) feet under normal atmospheric conditions at nighttime.
(b) At least two (2) red-cloth flags, not less than twelve (12) inches square, with standards to support the flags.
(c) No flare, fusee, electric lantern or cloth warning flag shall be used for the purpose of compliance with the requirements of this section unless the equipment is of a type which has been submitted to the board and approved by it. No portable reflector unit shall be used for the purpose of compliance with the requirements of this section unless it is designed and constructed to include two (2) reflecting elements one above the other, each of which shall be capable of reflecting red light clearly visible from all distances within six hundred (600) feet to one hundred (100) feet under normal atmospheric conditions at night when directly in front of lawful upper beams of head lamps, and unless it is of a type which has been submitted to the board and approved by it.
(2) No person shall operate at the time and under conditions stated in subsection (1) any motor vehicle used in the transportation of explosives, any cargo tank truck used for the transportation of flammable liquids or compressed gases, or any motor vehicle using a compressed gas as a fuel unless there shall be carried in the vehicle three (3) red electric lanterns or three (3) portable red emergency reflectors meeting the requirements of subsection (1) of this section, and there shall not be carried in any compressed gas propelled vehicle any flares, fusees, or signal produced by flame.
[49-952, added 1988, ch. 265, sec. 266, p. 710.]
(1) Whenever any truck, bus, truck tractor, trailer, semitrailer, or pole trailer is disabled upon the traveled portion or the shoulder of any highway outside of any municipality at any time when lighted lamps are required on vehicles, the driver of the vehicle shall display the following warning devices upon the highway during the time the vehicle is disabled on the highway except as provided in subsection (2):
(a) A lighted fusee, a lighted red electric lantern or a portable red emergency reflector shall be immediately placed at the traffic side of the motor vehicle in the direction of the nearest approaching traffic.
(b) As soon thereafter as possible, but in any event within the burning period of the fusee (15 minutes), the driver shall place three (3) liquid-burning flares (pot torches), or three (3) lighted red electric lanterns, or three (3) portable red emergency reflectors on the traveled portion of the highway in the following order:
One, approximately two hundred (200) feet from the disabled vehicle in the center of the lane occupied by the vehicle and toward traffic approaching in that lane.
One, approximately two hundred (200) feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by the vehicle.
One at the traffic side of the disabled vehicle not less than ten (10) feet rearward or forward in the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with paragraph 1. of this subsection, it may be used for this purpose.
(2) Whenever any vehicle referred to in this section is disabled within five hundred (500) feet of a curve, hill crest, or other obstruction to view, the warning signal in that direction shall be placed to afford ample warning to other users of the highway, but in no case less than five hundred (500) feet from the disabled vehicle.
(3) Whenever any vehicle of a type referred to in this section is disabled upon any portion of a divided highway during the time that lights are required, the appropriate warning devices prescribed in subsections (1) and (5) of this section shall be placed one (1) at a distance of approximately two hundred (200) feet from the vehicle in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane; one (1) at a distance of approximately one hundred (100) feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; and one (1) at the traffic side of the vehicle and approximately ten (10) feet from the vehicle in the direction of the nearest approaching traffic.
(4) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion or the shoulder of a highway outside any municipality at any time when the display of fusees, flares, red electric lanterns or portable red emergency reflectors is not required, the driver of the vehicle shall display two (2) red flags upon the highway in the lane of traffic occupied by the disabled vehicle, one (1) at a distance of approximately two hundred (200) feet in advance of the vehicle, and one (1) at a distance of approximately two hundred (200) feet to the rear of the vehicle.
(5) Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled upon a highway at any time or place mentioned in subsection (1) of this section, the driver of the vehicle shall immediately display one (1) red electric lantern or portable red emergency reflector placed on the highway at the traffic side of the vehicle, and two (2) red electric lanterns or portable red reflectors, one (1) placed approximately two hundred (200) feet to the front and one (1) placed approximately two hundred (200) feet to the rear of the disabled vehicle in the center of the traffic lane occupied by the vehicle. Flares, fusees, or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this subsection.
(6) Flares, fusees, red electric lanterns, portable red emergency reflectors, and flags to be displayed as required in this section shall conform with the requirements of section 49-952, Idaho Code.
[49-953, added 1988, ch. 265, sec. 267, p. 711; am. 1992, ch. 115, sec. 22, p. 371.]
(1) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred (200) feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn, but shall not otherwise use the horn when upon a highway.
(2) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section.
(3) It is permissible, but not required for any vehicle to be equipped with a theft alarm signal device, so arranged that it cannot be used by the driver as an ordinary warning signal.
(4) Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet and of a type approved by the director, but the siren shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which the latter events the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of the approach.
[49-956, added 1988, ch. 265, sec. 268, p. 713.]
(1) Air-conditioning equipment shall be manufactured, installed and maintained with due regard for the safety of the occupants of the vehicle and the public and shall not contain any refrigerant which is toxic to persons or which is flammable at or below one thousand degrees (1000°) Fahrenheit, unless the refrigerant is included in the list published by the United States environmental protection agency as an approved alternative motor vehicle air-conditioning substitute for chlorofluorocarbon-12 under 42 U.S.C. section 7671k(c).
(2) No person shall have for sale, offer for sale, sell or equip any motor vehicle with any air-conditioning equipment unless it complies with the requirements of this section.
(3) No person shall operate on any highway any motor vehicle equipped with any air-conditioning equipment unless the equipment complies with the requirements of this section.
[49-959, added 1988, ch. 265, sec. 269, p. 714; am. 1997, ch. 392, sec. 1, p. 1249; am. 2010, ch. 259, sec. 1, p. 661.]
It shall be unlawful for the operator of any motorcycle or motor driven cycle to carry a passenger on the vehicle unless it is equipped with footrests designed exclusively for the use of a passenger on the vehicle.
[49-962, added 1988, ch. 265, sec. 270, p. 714.]
It shall be unlawful to operate any passenger motor vehicle which has been modified from the original design so that any portion of the vehicle other than the wheels has less clearance from the surface of a level highway than the clearance between the highway and the lowermost portion of any rim of any wheel in contact with the highway.
[49-965, added 1988, ch. 265, sec. 271, p. 714.]
(1) With the exception of motor vehicles registered pursuant to section 49-406, 49-406A, 49-407 or 49-408, Idaho Code, or motor vehicles where the original or predominant body configuration of the motor vehicle, provided by a recognized manufacturer, did not include a front or rear bumper or bumpers for vehicles meeting the original specifications of a recognized manufacturer, a motor vehicle shall be equipped with a bumper on both the front and rear of the vehicle.
(2) Bumpers, unless specifically exempt in subsection (1) of this section, shall be at least four and one-half (4 1/2) inches in vertical height centered on the vehicle’s centerline by bolting or welding to the vehicle frame as originally installed by the vehicle manufacturer. Bumpers shall be horizontal load bearing and attach to the vehicle to effectively transfer energy when impacted and shall extend in width to the originally manufactured tread width for the vehicle.
(3) The maximum bumper heights for a vehicle shall be determined by vehicle class and the vehicle’s gross vehicle weight rating (GVWR). Maximum bumper height is the vertical distance between the ground and the highest point on the bottom of the bumper and shall be measured when the vehicle is laden on a level surface with the vehicle’s tires inflated to the manufacturer’s recommended pressure. For vehicles exempted from the bumper requirements for reasons stated in subsection (1) of this section, a maximum frame elevation measurement shall be made to the bottom of the frame rail. Maximum heights are as follows:
| Vehicle Class | Maximum Height | | | --- | --- | --- | | | Front | Rear | | Passenger Cars | 22 inches | 22 inches | | Trucks and MPVs | | | | 4,500 or less lbs. GVWR | 24 inches | 26 inches | | 4,501 to 7,500 lbs. GVWR | 27 inches | 29 inches | | 7,501 to 10,000 lbs. GVWR | 28 inches | 30 inches | | Four-wheel drive or dual wheel | | | | with a 10,000 or less lbs. GVWR | 30 inches | 31 inches |
(4) Vehicles which do not meet the requirements of this section on July 1, 1997, must be brought into compliance by July 1, 1998.
[49-966, added 1997, ch. 355, sec. 2, p. 1050.]
(1) It shall be unlawful for any person to knowingly or intentionally:
(a) Manufacture, import, distribute, offer for sale, sell, or lease, or install or reinstall into any motor vehicle, a counterfeit automobile supplemental restraint system, a nonfunctional air bag, or other object that replaces an automobile supplemental restraining component that fails to meet the federal motor vehicle safety standards as provided in 49 CFR 571.208, for the make, model, and year of the motor vehicle;
(b) Offer for sale, sell, lease, or otherwise transfer ownership of a motor vehicle with a counterfeit automobile supplemental restraint system, a nonfunctional air bag, or other object that replaces an automobile supplemental restraining component that fails to meet the federal motor vehicle safety standards as provided in 49 CFR 571.208, for the make, model, and year of the motor vehicle; or
(c) Install or reinstall any object, component, part, or device as part of an automobile supplemental restraint system that causes a motor vehicle’s diagnostic system to fail to warn the motor vehicle operator that an air bag is not installed, a nonfunctional air bag is installed, or a counterfeit automobile supplemental restraint system component is installed that does not comply with 49 CFR 571.208, for the make, model, and year of the motor vehicle. A violation of this paragraph shall not occur until the installation work is complete and one of the following conditions occurs:
(i) The motor vehicle is returned to the operator; or
(ii) The title to the motor vehicle is transferred.
(2) Any person convicted of a violation of the provisions of this section shall be guilty of a misdemeanor.
(3) As used in this section:
(a) "Air bag" means an inflatable restraint device for occupants of a motor vehicle that is part of an automobile supplemental restraint system.
(b) "Automobile supplemental restraint system" means a passive inflatable crash protection system that a vehicle manufacturer designs to protect occupants of a motor vehicle in conjunction with a seat belt assembly, as defined in 49 CFR 571.209, that has one (1) or more air bags and all components required to ensure that each air bag:
(i) Operates as designed in a motor vehicle crash; and
(ii) Meets federal motor vehicle safety standards for the specific make, model, and year of manufacture of the vehicle in which the air bag is installed.
(c) "Counterfeit automobile supplemental restraint system component" means a replacement component, including an air bag, that displays a trademark that is identical to or substantially similar to the manufacturer’s or supplier’s trademark without authorization from a manufacturer or a person that supplies parts to the manufacturer.
(d)(i) "Nonfunctional air bag" means a replacement air bag that:
Was previously deployed or damaged;
Has a fault that a motor vehicle’s diagnostic system detects once the air bag is installed;
May not be sold or leased pursuant to 49 U.S.C. 30120(j); or
Includes a counterfeit automobile supplemental restraint system component or other part or object that is installed for the purpose of misleading a motor vehicle owner or operator into believing that a functional air bag is installed.
(ii) "Nonfunctional air bag" does not include a deployed air bag that has not been repaired or an air bag that is installed in a motor vehicle when:
Such vehicle has been declared a total loss or is otherwise a totaled vehicle;
The owner was issued a salvage title certificate in Idaho or a similar title from another state; or
The air bag is visible in its deployed condition.
[49-967, added 2026, ch. 95, sec. 2, p. 522.]
The gross load imposed on the highway by any vehicle or combination of vehicles shall not exceed the limits in this section. The maximum single axle gross weight shall be twenty thousand (20,000) pounds, the maximum single wheel gross weight shall be ten thousand (10,000) pounds and the maximum gross vehicle or combination weight shall be one hundred five thousand five hundred (105,500) pounds, provided that maximum gross vehicle or combination weight on United States federal interstate and defense highways of this state shall not exceed eighty thousand (80,000) pounds, except as permitted under the provisions of section 49-1004, Idaho Code.
(1) The total gross weight imposed on the highway by any group of consecutive axles shall be determined by the following formula:
W=500((LN/N-1)+12N+36)
Where W is the maximum weight in pounds (to the nearest 500 pounds) carried on any group of two (2) or more consecutive axles. L is the distance in feet between the extremes of any group of two (2) or more consecutive axles, and N is the number of axles under consideration.
The formula is modified as illustrated in the following table:
| Distance in feet between the extremes of any group of 2 or more consecutive | Maximum load in pounds carried on any group of 2 or more consecutive axles | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | axles | 2 axles | 3 axles | 4 axles | 5 axles | 6 axles | 7 axles | 8 axles | 9 axles | 10 axles | 11 axles | 12 axles | 13 axles | | 4 | 34,000 | | | | | | | | | | | | | 5 | 34,000 | | | WHEN NO ALLOWABLE WEIGHT IS | | | | | | | | | | 6 | 34,000 | | | LISTED FOR ANY AXLE SPACING, | | | | | | | | | | 7 | 34,000 | | | APPLY THE ALLOWABLE WEIGHT | | | | | | | | | | 8 | 34,000 | | | AS LISTED IN THE FIRST COLUMN | | | | | | | | | | 8+ | 38,000 | 42,000 | | TO THE LEFT | | | | | | | | | | 9 | 39,000 | 42,500 | | | | | | | | | | | | 10 | 40,000 | 43,500 | | | | | | | | | | | | 11 | | 44,000 | | | | | | | | | | | | 12 | | 45,000 | 50,000 | | | | | | | | | | | 13 | | 45,500 | 50,500 | | | | | | | | | | | 14 | | 46,500 | 51,500 | | | | | | | | | | | 15 | | 47,000 | 52,000 | | | | | | | | | | | 16 | | 48,000 | 52,500 | 58,000 | | | | | | | | | | 17 | | 48,500 | 53,500 | 58,500 | | | | | | | | | | 18 | | 49,500 | 54,000 | 59,000 | | | | | | | | | | 19 | | 50,000 | 54,500 | 60,000 | | | | | | | | | | 20 | | 51,000 | 55,500 | 60,500 | 66,000 | | | | | | | | | 21 | | 51,500 | 56,000 | 61,000 | 66,500 | | | | | | | | | 22 | | 52,500 | 56,500 | 61,500 | 67,000 | | | | | | | | | 23 | | 53,000 | 57,500 | 62,500 | 68,000 | | | | | | | | | 24 | | 54,000 | 58,000 | 63,000 | 68,500 | 74,000 | | | | | | | | 25 | | 54,500 | 58,500 | 63,500 | 69,000 | 74,500 | | | | | | | | 26 | | 55,500 | 59,500 | 64,000 | 69,500 | 75,000 | | | | | | | | 27 | | 56,000 | 60,000 | 65,000 | 70,000 | 75,500 | | | | | | | | 28 | | 57,000 | 60,500 | 65,500 | 71,000 | 76,500 | 82,000 | | | | | | | 29 | | 57,500 | 61,500 | 66,000 | 71,500 | 77,000 | 82,500 | | | | | | | 30 | | 58,500 | 62,000 | 66,500 | 72,000 | 77,500 | 83,000 | | | | | | | 31 | | 59,000 | 62,500 | 67,500 | 72,500 | 78,000 | 83,500 | | | | | | | 32 | | 60,000 | 63,500 | 68,000 | 73,000 | 78,500 | 84,500 | 90,000 | | | | | | 33 | | | 64,000 | 68,500 | 74,000 | 79,000 | 85,000 | 90,500 | | | | | | 34 | | | 64,500 | 69,000 | 74,500 | 80,000 | 85,500 | 91,000 | | | | | | 35 | | | 65,500 | 70,000 | 75,000 | 80,500 | 86,000 | 91,500 | | | | | | 36 | | | 66,000 | 70,500 | 75,500 | 81,000 | 86,500 | 92,000 | 98,000 | | | | | 37 | | | 66,500 | 71,000 | 76,000 | 81,500 | 87,000 | 93,000 | 98,500 | | | | | 38 | | | 67,500 | 71,500 | 77,000 | 82,000 | 87,500 | 93,500 | 99,000 | | | | | 39 | | | 68,000 | 72,500 | 77,500 | 82,500 | 88,500 | 94,000 | 99,500 | | | | | 40 | | | 68,500 | 73,000 | 78,000 | 83,500 | 89,000 | 94,500 | 100,000 | 106,000 | | | | 41 | | | 69,500 | 73,500 | 78,500 | 84,000 | 89,500 | 95,000 | 100,500 | 106,500 | | | | 42 | | | 70,000 | 74,000 | 79,000 | 84,500 | 90,000 | 95,500 | 101,000 | 107,000 | | | | 43 | | | 70,500 | 75,000 | 80,000 | 85,000 | 90,500 | 96,000 | 102,000 | 107,500 | | | | 44 | | | 71,500 | 75,500 | 80,500 | 85,500 | 91,000 | 96,500 | 102,500 | 108,000 | 114,000 | | | 45 | | | 72,000 | 76,000 | 81,000 | 86,000 | 91,500 | 97,500 | 103,000 | 108,500 | 114,500 | | | 46 | | | 72,500 | 76,500 | 81,500 | 87,000 | 92,500 | 98,000 | 103,500 | 109,000 | 115,000 | | | 47 | | | 73,500 | 77,500 | 82,000 | 87,500 | 93,000 | 98,500 | 104,000 | 110,000 | 115,500 | | | 48 | | | 74,000 | 78,000 | 83,000 | 88,000 | 93,500 | 99,000 | 104,500 | 110,500 | 116,000 | 122,000 | | 49 | | | 74,500 | 78,500 | 83,500 | 88,500 | 94,000 | 99,500 | 105,000 | 111,000 | 116,500 | 122,500 | | 50 | | | 75,500 | 79,000 | 84,000 | 89,000 | 94,500 | 100,000 | 105,500 | 111,500 | 117,000 | 123,000 | | 51 | | | 76,000 | 80,000 | 84,500 | 89,500 | 95,000 | 100,500 | 106,000 | 112,000 | 118,000 | 123,500 | | 52 | | | 76,500 | 80,500 | 85,000 | 90,500 | 95,500 | 101,000 | 107,000 | 112,500 | 118,500 | 124,000 | | 53 | | | 77,500 | 81,000 | 86,000 | 91,000 | 96,500 | 102,000 | 107,500 | 113,000 | 119,000 | 124,500 | | 54 | | | 78,000 | 81,500 | 86,500 | 91,500 | 97,000 | 102,500 | 108,000 | 113,500 | 119,500 | 125,000 | | 55 | | | 78,500 | 82,500 | 87,000 | 92,000 | 97,500 | 103,000 | 108,500 | 114,000 | 120,000 | 125,500 | | 56 | | | 79,500 | 83,000 | 87,500 | 92,500 | 98,000 | 103,500 | 109,000 | 115,000 | 120,500 | 126,000 | | 57 | | | 80,000 | 83,500 | 88,000 | 93,000 | 98,500 | 104,000 | 109,500 | 115,500 | 121,000 | 127,000 | | 58 | | | | 84,000 | 89,000 | 94,000 | 99,000 | 104,500 | 110,000 | 116,000 | 121,500 | 127,500 | | 59 | | | | 85,000 | 89,500 | 94,500 | 99,500 | 105,000 | 110,500 | 116,500 | 122,000 | 128,000 | | 60 | | | | 85,500 | 90,000 | 95,000 | 100,500 | 105,500 | 111,000 | 117,000 | 122,500 | 128,500 | | 61 | | | | 86,000 | 90,500 | 95,500 | 101,000 | 106,000 | 112,000 | 117,500 | 123,000 | 129,000 | | 62 | | | | 87,000 | 91,000 | 96,000 | 101,500 | 107,000 | 112,500 | 118,000 | 124,000 | | | 63 | | | | 87,500 | 92,000 | 96,500 | 102,000 | 107,500 | 113,000 | 118,500 | 124,500 | | | 64 | | | | 88,000 | 92,500 | 97,500 | 102,500 | 108,000 | 113,500 | 119,000 | 125,000 | | | 65 | | | | 88,500 | 93,000 | 98,000 | 103,000 | 108,500 | 114,000 | 119,500 | 125,500 | | | 66 | | | | 89,500 | 93,500 | 98,500 | 103,500 | 109,000 | 114,500 | 120,000 | 126,000 | | | 67 | | | | 90,000 | 94,000 | 99,000 | 104,500 | 109,500 | 115,000 | 121,000 | 126,500 | | | 68 | | | | 90,500 | 95,000 | 99,500 | 105,000 | 110,000 | 115,500 | 121,500 | 127,000 | | | 69 | | | | 91,000 | 95,500 | 100,000 | 105,500 | 111,000 | 116,000 | 122,000 | 127,500 | | | 70 | | | | 92,000 | 96,000 | 101,000 | 106,000 | 111,500 | 117,000 | 122,500 | 128,000 | | | 71 | | | | 92,500 | 96,500 | 101,500 | 106,500 | 112,000 | 117,500 | 123,000 | 128,500 | | | 72 | | | | 93,000 | 97,000 | 102,000 | 107,000 | 112,500 | 118,000 | 123,500 | 129,000 | | | 73 | | | | 93,500 | 98,000 | 102,500 | 107,500 | 113,000 | 118,500 | 124,000 | | | | 74 | | | | 94,500 | 98,500 | 103,000 | 108,000 | 113,500 | 119,000 | 124,500 | | | | 75 | | | | 95,000 | 99,000 | 103,500 | 109,000 | 114,000 | 119,500 | 125,000 | | | | 76 | | | | 95,500 | 99,500 | 104,500 | 109,500 | 114,500 | 120,000 | 126,000 | | | | 77 | | | | 96,000 | 100,000 | 105,000 | 110,000 | 115,000 | 120,500 | 126,500 | | | | 78 | | | | 97,000 | 101,000 | 105,500 | 110,500 | 116,000 | 121,000 | 127,000 | | | | 79 | | | | 97,500 | 101,500 | 106,000 | 111,000 | 116,500 | 122,000 | 127,500 | | | | 80 | | | | 98,000 | 102,000 | 106,500 | 111,500 | 117,000 | 122,500 | 128,000 | | | | 81 | | | | 98,500 | 102,500 | 107,000 | 112,000 | 117,500 | 123,000 | 128,500 | | | | 82 | | | | 99,000 | 103,000 | 108,000 | 113,000 | 118,000 | 123,500 | 129,000 | | | | 83 | | | | 100,000 | 104,000 | 108,500 | 113,500 | 118,500 | 124,000 | | | | | 84 | | | | | 104,500 | 109,000 | 114,000 | 119,000 | 124,500 | | | | | 85 | | | | | 105,000 | 109,500 | 114,500 | 120,000 | 125,000 | | | | | 86 | | | | | 105,500 | 110,000 | 115,000 | 120,500 | 125,500 | | | | | 87 | | | | | 106,000 | 111,000 | 115,500 | 121,000 | 126,000 | | | | | 88 | | | | | 107,000 | 111,500 | 116,000 | 121,500 | 127,000 | | | | | 89 | | | | | 107,500 | 112,000 | 117,000 | 122,000 | 127,500 | | | | | 90 | | | | | 108,000 | 112,500 | 117,500 | 122,500 | 128,000 | | | | | 91 | | | | | 108,500 | 113,000 | 118,000 | 123,000 | 128,500 | | | | | 92 | | | | | 109,000 | 113,500 | 118,500 | 123,500 | 129,000 | | | | | 93 | | | | | 110,000 | 114,000 | 119,000 | 124,000 | | | | | | 94 | | | | | 110,500 | 115,000 | 119,500 | 125,000 | | | | | | 95 | | | | | 111,000 | 115,500 | 120,000 | 125,500 | | | | | | 96 | | | | | 111,500 | 116,000 | 121,000 | 126,000 | | | | | | 97 | | | | | 112,000 | 116,500 | 121,500 | 126,500 | | | | | | 98 | | | | | 113,000 | 117,000 | 122,000 | 127,000 | | | | | | 99 | | | | | 113,500 | 118,000 | 122,500 | 127,500 | | | | | | 100 | | | | | 114,000 | 118,500 | 123,000 | 128,000 | | | | | | 101 | | | | | 114,500 | 119,000 | 123,500 | 129,000 | | | | |
(a) A public highway agency may limit the application of the weights authorized in this section as to certain highways within its jurisdiction which it determines have limited structural capacity of pavements, bridges, or other appurtenances. In designating such highways, it may specify a minimum wheelbase for combinations to be operated thereon. It may also designate specific highways or portions on which operation of a combination of vehicles with seven (7) through thirteen (13) axles will be subject to specified lesser allowable gross weights.
(b) Notwithstanding the figures shown in the table in this subsection (1), two (2) consecutive sets of tandem axles may carry a gross load of thirty-four thousand (34,000) pounds each, providing the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six (36) feet or more.
(c) Vehicles may operate with reducible loads at gross weights greater than one hundred five thousand five hundred (105,500) pounds but not exceeding one hundred twenty-nine thousand (129,000) pounds on noninterstate highways in accordance with the provisions of section 49-1004, Idaho Code, provided such vehicles are in compliance with the weight formula specified in this subsection (1) of this section, have registered and have paid the registration fees as specified in section 49-434, Idaho Code, and are in compliance with the length restrictions set forth in section 49-1010(7), Idaho Code.
(2) The weight limitations set forth in the table in subsection (1) of this section shall not apply to any vehicle, or combination of vehicles when a greater allowed weight in pounds would be permitted such vehicles under the table provided in this subsection, except that with regard to transportation on the United States federal interstate and defense highways of this state, the following table of allowable weights shall apply only to vehicles engaged in the transportation of logs, pulp wood, stull, rough lumber, poles or piling; or to any such vehicle engaged in the transportation of ores, concentrates, sand and gravel and aggregates thereof, in bulk; or to any such vehicle engaged in the transportation of agricultural commodities, including livestock:
| Distance in feet between | Allowed Load in Pounds | | | --- | --- | --- | | the extremes of any group | Vehicles with | Vehicles with | | of 2 or more consecutive | Three or Four | Five or more | | axles | axles | axles | | 3 through 12 | 37,800 | 37,800 | | 13 | 56,470 | 56,470 | | 14 | 57,940 | 57,940 | | 15 | 59,400 | 59,400 | | 16 | 60,610 | 60,610 | | 17 | 61,820 | 61,820 | | 18 | 63,140 | 63,140 | | 19 | 64,350 | 64,350 | | 20 | 65,450 | 65,450 | | 21 | 66,000 | 66,330 | | 22 | 66,000 | 67,250 | | 23 | 66,000 | 67,880 | | 24 | 66,000 | 68,510 | | 25 | 66,000 | 69,150 | | 26 | 66,000 | 69,770 | | 27 | 66,000 | 70,400 | | 28 | 66,000 | 70,950 | | 29 | 66,000 | 71,500 | | 30 | 66,000 | 72,050 | | 31 | | 72,600 | | 32 | | 73,150 | | 33 | | 73,700 | | 34 | | 74,250 | | 35 | | 74,800 | | 36 | | 75,350 | | 37 | | 75,900 | | 38 | | 76,450 | | 39 | | 77,000 | | 40 | | 77,550 | | 41 | | 78,100 | | 42 | | 78,650 | | 43 and over | | 79,000 |
The weight allowances provided in this subsection do not apply if the total gross weight of a vehicle or combination of vehicles is intended to exceed seventy-nine thousand (79,000) pounds as declared by the operator. When the provisions of this subsection are applicable to a vehicle or combination of vehicles, it shall be a violation of the provisions of this subsection if that vehicle or combination of vehicles exceeds the weights specified in this table.
(3) In determining the gross weight of a vehicle or the gross weight of any two (2) or more consecutive axles under subsection (1) or (2) or (9) of this section, the total gross weight of the vehicle or combination of vehicles or the gross weight of any two (2) or more consecutive axles shall be the sum of the axle weights.
For the purposes of this chapter the gross weight of a vehicle or the gross weight of any two (2) or more consecutive axles may be determined by accumulatively adding the separate weights of individual axles and tandem axles or groups of axles to determine gross weight. The results of any weighing at a temporary or permanent port of entry and the records relating to the calibration and accuracy of any scale at a temporary or permanent port of entry shall be admissible in any proceeding in this state. In order to prove a violation of the provisions of this section the state must show that:
(a) The sum of the axle weights exceeds what is allowable under the provisions of subsection (1) or (2) or (9) of this section;
(b) The scale involved in the weighing was at the time of weighing calibrated in conformity with and met the accuracy requirements of the standards for the enforcement of traffic and highway laws as set forth in the latest edition of handbook 44 of the national institute of standards and technology;
(c) Weights of individual axles or axles within a commonly suspended group of axles supported by a mechanical system designed to distribute equal wheel loads to individual axles in the group were utilized only to determine gross weights of that group of axles, and that any further evaluation of gross weights of combinations of axles considered only the accumulated gross weight of each such commonly suspended group of axles.
(4) In applying the weight limitations imposed in this section, a vehicle or combination of vehicles must comply exclusively with the weight limitations in either subsection (1) or (2) or (9) of this section.
(5) In applying the weight limitations imposed in this section, the distance between axles shall be measured to the nearest even foot. When a fraction is exactly one-half (1/2) foot the next larger whole number shall be used.
(6) The limitations imposed in this section are in addition and supplemental to all other laws imposing limitations upon the size and weight of vehicles. Further, single axles within groups of axles are subject to the provisions and limitations of this chapter. Single axles within groups of axles may be weighed and evaluated separately.
(7) Notwithstanding the other provisions of this chapter, no vehicle, motor vehicle, trailer and/or semitrailer, or combination thereof, may be operated on the public highways of the state under loads which would result in the withholding of funds by operation of controlling federal law as provided in the Federal Aid Highway Act of 1956, as amended.
(8) Except as provided herein, no vehicle or combination of vehicles may proceed past the place of weighing at temporary or permanent ports of entry or checking stations when: the weight of a single axle exceeds the maximum limitations set forth herein by two thousand (2,000) pounds or more; the weight of a combination of axles, or gross vehicle weight exceeds the maximum allowable weight as set forth herein by seven percent (7%) or more. Vehicles or combinations of vehicles which exceed the weight limitations set forth herein shall be required to be brought into compliance with applicable weight limitations contained within this subsection at the place of weighing prior to continuing, except those vehicles or combinations of vehicles which are transporting loads which, in the determination of the board or other proper authorities in charge of or having jurisdiction over a highway, are deemed unsafe or impractical to bring into compliance at the place of weighing, and except those vehicles which do not exceed fifteen percent (15%) over maximum axle and axle group weights set forth in this section. Vehicles or combinations of vehicles transporting loads in this latter category shall obtain a travel authorization to the nearest place of safe unloading, load adjustment or other means of legalization.
(a) Neither the state of Idaho or its employees, nor any authority and its employees in charge of or having jurisdiction over a highway, shall be held liable for personal injury or property damage resulting from the requirements of section 49-1001(8), Idaho Code.
(b) The fee for a travel authorization as set forth above shall be fifty dollars ($50.00) and shall be on a form prescribed by the board or other proper authorities, and shall not be construed as contributing to a reduction in the penalties prescribed in section 49-1013, Idaho Code.
(c) The board or other proper authorities in charge of or having jurisdiction over a highway shall adopt and enforce administrative rules as may be necessary to carry out the provisions of this section.
(9) For vehicles on all highways except the United States federal interstate and defense highways of this state, the following table shall apply:
| Distance in feet between | Allowed Load in Pounds | | | --- | --- | --- | | the extremes of any group | Vehicles with | Vehicles with | | of 2 or more consecutive | Three or Four | Five or more | | axles | axles | axles | | 3 through 12 | 37,800 | 37,800 | | 13 | 56,470 | 56,470 | | 14 | 57,940 | 57,940 | | 15 | 59,400 | 59,400 | | 16 | 60,610 | 60,610 | | 17 | 61,820 | 61,820 | | 18 | 63,140 | 63,140 | | 19 | 64,350 | 64,350 | | 20 | 65,450 | 65,450 | | 21 | 66,000 | 66,330 | | 22 | 66,000 | 67,250 | | 23 | 66,000 | 67,880 | | 24 | 66,000 | 68,510 | | 25 | 66,000 | 69,150 | | 26 | 66,000 | 69,770 | | 27 | 66,000 | 70,400 | | 28 | 66,000 | 70,950 | | 29 | 66,000 | 71,500 | | 30 | 66,000 | 72,050 | | 31 | | 72,600 | | 32 | | 73,150 | | 33 | | 73,700 | | 34 | | 74,250 | | 35 | | 74,800 | | 36 | | 75,350 | | 37 | | 75,900 | | 38 | | 76,450 | | 39 | | 77,000 | | 40 | | 77,550 | | 41 | | 78,100 | | 42 | | 78,650 | | 43 and over | | 80,000 |
The weight allowances provided in this subsection do not apply if the total gross weight of a vehicle or combination of vehicles is intended to exceed eighty thousand (80,000) pounds as declared by the operator. When the provisions of this subsection are applicable to a vehicle or combination of vehicles, it shall be a violation of the provisions of this subsection if that vehicle or combination of vehicles exceeds the weights specified in this table.
(10) Variable load suspension axles shall meet the following criteria in order to be included in the computation of gross vehicle or axle weight limits for vehicles under the provisions of this section:
(a) The deployment control switch for such axles may be located inside of the driver’s compartment but the pressure regulator valve for the operation of pressure on the pavement shall be located outside of and inaccessible to the driver’s compartment.
(b) The manufacturer’s gross axle weight rating of each such axle must not be less than the actual loading of the axle.
(c) All variable load suspension axles shall be designed to be self-steering; provided however, variable load suspension axles that are within sixty (60) inches of a drive axle or are within sixty (60) inches of a trailer axle, need not be self-steering.
(d) The manufacturer’s gross tire weight rating of each tire must not be less than the actual loading of the tire.
(e) Variable load suspension axles must be fully deployed or fully raised. For applicable definitions, see sections 49-117 and 49-123, Idaho Code.
(11) Any person who operates a motor vehicle with a variable load suspension axle in violation of the provisions of this section shall be subject to the penalties provided in section 49-1013, Idaho Code.
[49-1001, added 1988, ch. 265, sec. 272, p. 715; am. 1991, ch. 226, sec. 1, p. 538; am. 1993, ch. 273, sec. 4, p. 921; am. 1993, ch. 334, sec. 3, p. 1238; am. 1993, ch. 345, sec. 1, p. 1284; am. 1993, ch. 371, sec. 1, p. 1334; am. 1993, ch. 376, sec. 2, p. 1380; am. 1994, ch. 321, sec. 4, p. 1030; am. 1995, ch. 72, sec. 1, p. 183; am. 1995, ch. 122, sec. 3, p. 532; am. 1998, ch. 158, sec. 2, p. 535; am. 1998, ch. 189, sec. 1, p. 684; am. 2000, ch. 418, sec. 15, p. 1352; am. 2007, ch. 65, sec. 1, p. 159; am. 2015, ch. 208, sec. 9, p. 648.]
(1) Load for inch width of tire for the front steer axle may not exceed the manufacturer’s load rating per tire or the load rating of the axle or twenty thousand (20,000) pounds per axle whichever is less. The maximum allowable load for all other vehicle tires operated on any public highway shall not exceed six hundred (600) pounds per inch width of tire and shall not exceed the manufacturer’s load rating, whichever is less. The width of a tire shall be determined by the manufacturer’s description marked on the sidewall of the tire. Tires on vehicles manufactured prior to July 1, 1987, may exceed the six hundred (600) pounds per inch width of tire limit subject to a maximum of eight hundred (800) pounds per inch width of tire. This section shall not apply to nonreducible overweight and/or oversize vehicles and/or loads as authorized under section 49-1004, Idaho Code.
(2) Except as provided herein, no vehicle or combination of vehicles may proceed past the place of weighing at temporary or permanent ports of entry or checking stations when the weight carried on a single tire, as determined by dividing the weight carried on an axle or group of axles by the number of wheels on the axle or group of axles, exceeds on a single axle the allowable weight above by two thousand (2,000) pounds or more or the weight of a combination of axles exceeds the allowable weight above by seven percent (7%) or more. Vehicles or combinations of vehicles which exceed the weight limitations set forth herein shall be required to be brought into compliance with the applicable weight per inch width of tire contained within this subsection prior to continuing except those vehicles or combinations of vehicles which are transporting loads which, in the determination of the board or other proper authorities in charge of or having jurisdiction over a highway, are deemed unsafe or impractical to bring into compliance at the place of weighing. Vehicles or combinations of vehicles transporting loads in this latter category shall obtain a travel authorization to the nearest place of safe unloading, load adjustment or other means of legalization.
(a) Neither the state of Idaho or its employees, nor any authority and its employees in charge of or having jurisdiction over a highway, shall be held liable for personal injury or property damage resulting from the requirements of section 49-1001(8), Idaho Code.
(b) The fee for a travel authorization as set forth above shall be fifty dollars ($50.00) and shall be on a form prescribed by the board or other proper authorities.
(c) The board or other proper authorities in charge of or having jurisdiction over a highway shall adopt and enforce administrative rules as may be necessary to carry out the provisions of this section.
[49-1002, added 1988, ch. 265, sec. 273, p. 718; am. 1991, ch. 226, sec. 2, p. 543; am. 2006, ch. 351, sec. 1, p. 1070; am. 2007, ch. 40, sec. 1, p. 100; am. 2015, ch. 43, sec. 1, p. 95.]
It shall be unlawful to operate any vehicle equipped with other than pneumatic tires on a highway at a rate of speed in excess of twenty (20) miles per hour for vehicles having a gross weight of not more than ten thousand (10,000) pounds, and twelve (12) miles per hour for vehicles having a gross weight of more than ten thousand (10,000) pounds.
[49-1003, added 1988, ch. 265, sec. 274, p. 719.]
(1) Upon application in writing to the department or local authorities in charge of or having jurisdiction over a highway, the department or local authorities may in their discretion issue a special permit to the owner or operator of any vehicle allowing vehicles or loads having a greater weight or size than permitted by law to be moved or carried over and on the highways and bridges.
(a) Special permits shall be in either hard copy or digital format and may limit the time of use and operation over the particular highways and bridges which may be traversed and may contain any special conditions and require any undertaking or other security as the department or local authority shall deem to be necessary to protect the highways and bridges from injury, or provide indemnity for any injury to highways and bridges or to persons or property resulting from such operation.
(b) The owner or operator of an overweight or oversize vehicle shall obtain a permit or shall establish intent to obtain a permit by contacting a permit office and receiving a permit number before moving the vehicle on the highways.
(c) All special permits or evidence of intent to obtain a permit, whether in hard copy or digital format, shall be carried in the vehicles to which they refer and shall upon demand be delivered for inspection to any peace officer, authorized agent of the board or local authority, or any officer or employee charged with the care or protection of the highways.
(2) Nonreducible vehicles or combinations of vehicles hauling nonreducible loads at weights in excess of those set forth in section 49-1001, Idaho Code, shall pay fees as set forth in this subsection. Such fees are based on the number of axles on the vehicle or combination of vehicles and the total gross weight.
| | Column 1 | Column 2 | | --- | --- | --- | | | Gross weight of vehicle | Gross weight of vehicle | | | and load in | and load in | | Number of axles | pounds | pounds | | 2 | 40,001 | – | | 3 | 54,001 | – | | 4 | 68,001 | – | | 5 | 80,001 | 131,001 | | 6 | 97,001 | 148,001 | | 7 | 114,001 | 165,001 |
(a) To determine the maximum allowable permit fee for vehicles with more than seven (7) axles, the table can be extended by adding seventeen thousand (17,000) pounds to the last listed weight in both columns 1 and 2 for each added axle.
(b) Permit fees for column 1 shall start at four cents (4¢) per mile and increase four cents (4¢) per mile for each additional two thousand (2,000) pound increment up to the weight indicated in column 2. Permit fees for column 2 shall start at one dollar and two cents ($1.02) per mile and increase seven cents (7¢) per mile for each additional two thousand (2,000) pound increment.
(c) Vehicles operating at weights less than the starting weights per axle configuration listed in column 1 shall be charged four cents (4¢) per mile.
(d) For vehicles operating with axles wider than eight (8) feet six (6) inches or axles with more than four (4) tires per axle, the fee may be reduced by the board or other proper authority having jurisdiction over a highway.
(3) It shall be unlawful for any person to violate, or to cause or permit to be violated, the limitations or conditions of special permits, and any violation shall be deemed for all purposes to be a violation of the provisions of this chapter.
(4) An annual special route permit authorizing travel on designated routes shall be issued by the department or may, in its discretion, be issued by a local authority for operation of vehicles with a legal maximum gross weight of at least one hundred five thousand five hundred one (105,501) pounds but not exceeding one hundred twenty-nine thousand (129,000) pounds. Such routes on nonstate and noninterstate highways shall be determined by the local authority for those roads under its jurisdiction. No local public highway agency shall approve a route which provides a thoroughfare for interstate carriers to pass through the state. State routes designated by the department and local authorities shall be identified on a map entitled "Designated Routes up to 129K."
(5) An annual administrative permit fee for operating on designated routes at the weights specified in subsection (4) of this section shall be set by the department for travel on state routes. Effective July 1, 2019, until June 30, 2021, the annual administrative permit fee shall not exceed fifty-five dollars ($55.00) per vehicle and such fee shall be used to defray the costs of the department to issue permits, provided however that five dollars ($5.00) of each permit fee shall be submitted to the local authority technical analysis fund. Local authorities are authorized to issue special permits and such permits shall be in either hard copy or digital format. Administrative permit fees for permits issued by a local authority shall be retained by the local authority to cover administrative costs, and administrative permit fees for permits issued by the department shall be retained by the department to cover administrative costs. In addition to the annual administrative permit fee and the appropriate registration fee for weights up to one hundred five thousand five hundred (105,500) pounds, the appropriate vehicle registration fees for weights over one hundred five thousand five hundred (105,500) pounds shall be calculated and collected in accordance with the fee schedules set forth in section 49-432 or 49-434, Idaho Code.
(6) (a) In any action or proceeding brought for the purpose of setting aside a special permit issued pursuant to this section, in which any party seeks a stay or seeks a temporary restraining order or preliminary injunction against the department, local authority, the state of Idaho or any party requesting the permit, the court may require bond as provided in rule 65(c) of the Idaho rules of civil procedure, in an amount not to exceed ten percent (10%) of the shipper’s or transporter’s insured value of the product or material to be transported under the provisions of the permit. If any attorney’s fees and/or costs are awarded to the department or other state actor, such bond may be used to satisfy that award and all awarded amounts shall be paid to the state highway account established in section 40-702, Idaho Code.
(b) Where there is a final judgment in an action or proceeding brought for the purpose of setting aside a special permit issued pursuant to this section against the party or parties who brought such action or proceeding, the court may determine the actual damages resulting from the action or proceeding caused to the department or other state actor and may award up to that amount to the party or parties.
[49-1004, added 1988, ch. 265, sec. 275, p. 719; am. 1998, ch. 108, sec. 2, p. 372; am. 1998, ch. 158, sec. 3, p. 542; am. 2000, ch. 418, sec. 16, p. 1359; am. 2003, ch. 315, sec. 2, p. 861; am. 2005, ch. 63, sec. 1, p. 220; am. 2007, ch. 257, sec. 1, p. 763; am. 2007, ch. 258, sec. 1, p. 776; am. 2008, ch. 156, sec. 1, p. 447; am. 2011, ch. 277, sec. 1, p. 753; am. 2013, ch. 152, sec. 1, p. 352; am. 2018, ch. 26, sec. 1, p. 47; am. 2019, ch. 179, sec. 1, p. 575; am. 2019, ch. 180, sec. 1, p. 578.]
(1) Notwithstanding the provision on the addition or deletion of approved routes in section 49-1004(4), Idaho Code, the department may designate routes within its jurisdiction for operation of vehicle combinations with a legal maximum gross weight of at least one hundred five thousand five hundred one (105,501) pounds but not exceeding one hundred twenty-nine thousand (129,000) pounds, utilizing criteria established by the department based upon road and bridge structural integrity engineering standards, as well as public safety engineering standards. Any routes approved by the department shall be included in the statewide route map provided for in section 49-1004(4), Idaho Code, entitled "Designated Routes up to 129K."
(2) For all requests that new routes be designated for travel by vehicle combinations with a maximum gross weight of up to one hundred twenty-nine thousand (129,000) pounds, the department shall analyze the safety and feasibility of adding such routes within the department’s jurisdiction.
(3) Prior to designating, modifying, or deleting a designation of a route under this section, the department shall publish notice and conduct a public hearing concerning the proposed designation.
[49-1004A, added 2013, ch. 206, sec. 1, p. 493; am. 2013, ch. 351, sec. 1, p. 952; am. 2019, ch. 180, sec. 2, p. 582.]
(1) Local authorities may, by resolution on their own initiative or pursuant to written request, designate routes and revoke previously authorized routes within their respective jurisdictions for the operation of vehicle combinations with a legal maximum gross weight between one hundred five thousand five hundred one (105,501) pounds and one hundred twenty-nine thousand (129,000) pounds. A local authority that designates routes under this section shall do so pursuant to the requirements of this section. Nothing in this section shall limit the exclusive jurisdiction of local authorities to authorize or decline to designate such routes. All routes authorized by this section that are effective on July 1, 2019, shall remain in effect unless subsequently revoked pursuant to the procedures set forth in this section.
(a) Within one hundred fifty (150) days after receipt of a written request to designate a route under this section, the governing board of a local authority shall issue a determination as to:
(i) Whether it designates routes under this section; and
(ii) If it designates routes under this section, whether to approve the specific route at issue.
(b) In exercising jurisdiction to designate a route under this section, a local authority shall analyze the long-term physical and safety consequences of allowing vehicles covered by this section to use the route at issue. In conducting such analysis, the local authority shall use Idaho transportation department standards or the Idaho standards for public works construction, or a successor publication.
(c) A local authority that designates routes under this section shall authorize a map of designated routes by resolution of its governing board and shall update the route map within thirty (30) days after authorization or revocation of a route under this section. Upon designation or update of a route map as set forth in this subsection, a local authority shall submit such designation or update to the department for inclusion in the statewide route map entitled "Designated Routes up to 129K."
(2) A local authority that designates routes under this section may issue permits for travel upon such routes and may use such permits to designate conditions for travel, including possible seasonal restrictions or other time, place, or manner limitations. A local authority shall indicate on its route map, or within the provisions of its authorizing resolution, whether a permit is required upon a designated route. Issuance of permits for use of designated routes shall be deemed an administrative action that can be carried out by the primary administrative officer of the jurisdiction, or his designee.
(a) Within thirty (30) days after receipt of a written request for a permit for travel upon a designated route, a local authority shall either issue a permit or issue a written denial of the permit requested. The denial shall explain why the permit was denied.
(b) A written permit issued under this section shall clearly state all conditions for travel upon the designated route.
(c) An annual administrative permit fee, not to exceed a maximum of fifty-five dollars ($55.00) per vehicle, shall be set by the local authority for travel on designated routes. A local authority shall submit five dollars ($5.00) from each administrative permit fee to the local authority technical analysis fund.
(3) After the issuance of the written decision, or in the event that the local authority has not acted pursuant to subsection (2) of this section within the time required, an applicant for a permit may request the opportunity to be heard by the governing body of the local authority. A local authority shall provide for the opportunity to be heard by its governing body at a public meeting within forty-five (45) days of filing such request. No fewer than fifteen (15) days after the conclusion of the public meeting at which the appeal by a permit applicant has first been heard, a local governing board shall render the final decision of the local jurisdiction, setting forth the factual and legal reasons therefor, regarding such permit request.
(4) There is hereby created a grant fund to be known as the local authority technical analysis fund within the state treasury. The grant fund shall be used to provide additional funding to local authorities to cover additional costs related to the technical review of applications as described in paragraph (b) of subsection (1) of this section. Such grants shall not exceed ten thousand dollars ($10,000) per route and shall be awarded under such terms and conditions as determined by the department or its designee. The department will maintain the local authority technical analysis fund in the state treasury in a separate sub-fund to ensure funds are not commingled with department funds until the money is requested by a local authority, after approval by the department or its designee. The funds will be disbursed to a local authority after approval of the request. All moneys in the fund are to be continuously appropriated. Any interest earned on the investment of idle moneys in the fund shall be returned to the fund.
(5) Notwithstanding any other law to the contrary, the department shall perform its obligations pursuant to this section.
[49-1004B, added 2019, ch. 180, sec. 5, p. 583; am. 2021, ch. 234, sec. 1, p. 714.]
Exclusively for the purposes of section 49-1001(1)(c), Idaho Code, the interstate system, which shall be considered to consist of I-15, I-84, I-86, I-90 and I-184, in Idaho is deemed a noninterstate highway. Exclusively for the purposes of section 49-1004(4), Idaho Code, the interstate system, which shall be considered to consist of I-15, I-84, I-86, I-90 and I-184, in Idaho is deemed a designated state route.
[(49-1004C) 49-1004B, added 2016, ch. 36, sec. 1, p. 87; am. and redesig. 2019, ch. 180, sec. 6, p. 584.]
Whenever in the judgment of the board or authorities in charge of, or having jurisdiction over a highway, the operation on any highway or section of highway of vehicles of sizes and weights at rates of speed permissible by law which will cause damage to the highway by reason of climatic or other conditions, or will interfere with the safe and efficient use of the highway by the traveling public, the board or other authorities in charge of, or having jurisdiction over a highway have authority to make regulations reducing the permissible sizes, weights or speeds of vehicles operated on that highway for any periods as may be necessary for the protection of the highway or for public safety. Signs designating those regulations shall be erected and maintained at each end of the highway or section and at intersections with main traveled highways.
[49-1005, added 1988, ch. 265, sec. 276, p. 719.]
The owner and the operator, driver or mover of any vehicle, object or contrivance over a highway or bridge, shall be jointly and severally responsible for all damages which the highway or bridge may sustain as the result of illegally operating or driving or moving any vehicle, object or contrivance, or as the result of driving or moving any vehicle, object or contrivance weighing in excess of the maximum weight specified in this chapter, but authorized by a temporary permit. The amount of the damages may be recovered in an action at law by the authorities in control of the highway or bridge[;]. It shall be unlawful for more than one (1) vehicle, motor vehicle, trailer and/or semitrailer, or combination of vehicles with gross weights in excess of those specified in section 49-1001(1) and (2), Idaho Code, to pass at the same time on any bridge with a span of nineteen (19) feet or more posted by the board for single lane traffic by those trucks.
[49-1006, added 1988, ch. 265, sec. 277, p. 720.]
No action or proceedings of any nature or description shall lie against the board, its authorized agents, or any other authorities charged with the administration of this chapter because of their compliance with any of the terms of this chapter, the exercise of any authority, or the performance of any duties granted or prescribed by this chapter.
[49-1007, added 1988, ch. 265, sec. 278, p. 720.]
With respect to transportation of logs, poles or piling by motor vehicle, the board or other proper authorities in charge of, or having jurisdiction over a highway, are authorized to designate and post a highway or section of highway or bridge over which loads of logs, poles, or piling may be transported in continuous operation by motor vehicles in excess of width and length provided by section 49-1010, Idaho Code, and to designate and post a highway or section of highway or bridge over which loads of logs, poles, piling or material from mines which has not been finally processed may be transported in continuous operation by motor vehicles in excess of weight provided by section 49-1001, Idaho Code.
The designation and posting of a highway or section of highway or bridge by the board or other proper authorities shall state width, length, gross weight and maximum speed of loads that may be transported. Any motor vehicle complying with width, length and weight allowed by posting of a highway under authority of this title shall not be required to obtain a permit under section 49-1004, Idaho Code.
[49-1008, added 1988, ch. 265, sec. 279, p. 720.]
The board, the governing board of a county, city or highway district is authorized to contract with any individual, firm or corporation, state or federal agency or any combination of parties, to build, rebuild or maintain or contribute financial aid to the building, rebuilding or maintenance of any section or sections of a highway to any standard necessary for the transportation by private or contract trucks principally engaged in the transportation of products originating or produced in Idaho, to permit the hauling of heavier gross weights and wider loads than now provided by law, to an extent necessary to accomplish that maintenance or construction. Upon application of any of the above mentioned parties for permission to use and operate private or contract trucks for hauling greater gross weights and wider loads than provided by law, the board, county, city or district may make and enter into an agreement with the applicant permitting the overload and providing for payment of an additional financial contribution or an agreement to maintain, build or rebuild the highway for the additional or extraordinary use, specifically providing where necessary, for reasonable protective restrictions. If in the opinion of the negotiating officials, a bond should be required, then a surety bond shall be furnished. Nothing in this chapter shall be construed to require any public agency to enter into these contracts or agreements.
[49-1009, added 1988, ch. 265, sec. 280, p. 721.]
No vehicle shall exceed the dimensions specified below, except that certain devices determined by the board as necessary for the safe and efficient operation of motor vehicles, including energy conservation devices, shall be excluded from the calculation of width or length.
(1) The width of a vehicle, including any load thereon, except as noted below, shall not exceed
(a) The limitations as to size of vehicles stated in this section shall not apply to farm tractors or to implements of husbandry, including any load thereon, or any trailer not wider than the implement of husbandry used in the transportation of implements of husbandry for agricultural operations, and including all equipment used in land leveling operations, when being incidentally operated upon the highway from one farm operation to another during daylight hours.
(b) The limitations as to size of vehicles shall not apply to farmers or their designated agents, or equipment dealers transporting implements of husbandry and equipment listed in paragraph (a) of this subsection for the purpose of:
(i) The repair or maintenance of such implements of husbandry and equipment when traveling to or from a farm to a repair or maintenance facility during daylight hours; or
(ii) The purchase, sale, lease or rental of such implements of husbandry and equipment when traveling to or from a farm to a dealership, auction house or other facility during daylight hours.
(c) Notwithstanding the exemption from width limitation for farm tractors included in paragraph (a) of this subsection, the total outside width of any farm tractor being transported on the interstate system in this state, except as permitted by section 49-1004
, Idaho Code, shall not exceed
(d) A farm tractor or implement of husbandry, when being incidentally transported upon the highway with a width in excess of the limits of paragraphs (a) and (c) of this subsection, must display one (1) red or fluorescent orange flag a minimum of eighteen (18) by eighteen (18) inches on the outermost left projection of the tractor or implement being transported.
(2) The height of a vehicle, including the load thereon, shall not exceed
(3) The length of a vehicle, or vehicle combination, except as noted below shall not exceed:
(a) When a single motor vehicle
(b) When a trailer or semitrailer, except as noted in this subsection
Semitrailers operating on routes determined by the board to have severe curvature, deficient width and/or heavy traffic conditions shall be limited to an overall combination length not to exceed
The length of a trailer tongue, or the length of the tongue of a converter gear used to convert a semitrailer to a trailer, shall be excluded from the calculation of a trailer length.
Semitrailers operating on routes which are a part of the national network as set forth in 23 CFR 658, on routes providing access between the national network and terminals and facilities for food, fuel, repairs and rest which are located within one (1) road mile of the national network and state highways as set forth by policy and approved by the transportation board, shall not exceed a length of
(c) When a motor vehicle and one (1) or more trailers, except as noted in subsection (3)(b), (3)(d) and (3)(e) of this section
(d) When a combination of semitrailer and trailer, or of two (2) semitrailers the length in such combination, including the connecting tongue and excluding the truck tractor except as noted in this subsection
When the combination of semitrailer and trailer or of two (2) semitrailers including the connecting tongues exceeds sixty-one (61) feet, the length of such combination including the truck tractor
(e) When a combination of a semitrailer and trailer, or of two (2) semitrailers operating on routes on the national network as set forth in 23 CFR 658 and on routes providing access between the national network and terminals and facilities for food, fuel, repairs and rest which are located within one (1) road mile of the national network, the length, including the connecting tongue and excluding the truck tractor, shall not exceed
(f) When a dromedary tractor with semitrailer, stinger-steered by having the kingpin located five (5) feet to the rear of the centroid of the rear axle(s)
(g) When a dromedary combination transporting class 1 explosive materials and/or any munitions-related security material as specified by the U.S. department of defense in compliance with 49 CFR 177.835, not meeting the stinger-steer requirement as defined in subsection (3)(f) of this section, up to
(h) When a dromedary tractor with semitrailer, not meeting the stinger-steer requirement as defined in paragraph (f) of this subsection
(i) When a boat transporter, stinger-steered as defined in subsection (3)(f) of this section, excluding front and rear overhang of load
(j) When an auto transporter, stinger-steered as defined in subsection (3)(f) of this section, excluding front and rear overhang of load
.
(k) When an auto transporter or boat transporter, not meeting the stinger-steer requirement as defined in paragraph (f) of this subsection, excluding front and rear overhang of load
(l) When a truck tractor with stinger-steered pole trailer or log dolly, connected by a reach or pole, or a combination used for transporting long loads such as poles, pipes, logs or structural members generally capable of sustaining themselves as beams between supporting bunks or connections
(4) The overhang or extension of a load shall not extend:
(a) Beyond the front of a vehicle, more than
(b) Beyond the end of a vehicle, more than
(c) Beyond the left fender of a passenger vehicle, more than
(d) Beyond the right fender of a passenger vehicle, more than
.
(e) To the front of a boat transporter, more than
(f) To the rear of a boat transporter, more than
(g) To the front of an auto transporter, more than
(h) To the rear of an auto transporter, more than
(5) Noncargo-carrying devices necessary for the safe and efficient operation of the vehicle, as determined by the board, shall not be included in measurement for length.
(6) No combination shall include more than three (3) units except when a saddlemount combination and the overall length allowed is:
(a) On the national network
(b) Other than the national network
(7) Vehicle combinations consisting of not more than four (4) vehicle units with an overall length in excess of the limits of subsection (3) of this section and with an overall combination length not to exceed one hundred fifteen (115) feet, may be operated by permit on routes designated for such operations by the public highway agency having jurisdiction over that highway system, subject to the following restrictions as to lengths of cargo-carrying units:
(a) Truck tractor and two (2) trailing units
(b) Truck tractor and three (3) trailing units
(c) Truck and two (2) trailing units
[49-1010, added 1988, ch. 265, sec. 281, p. 721; am. 1989, ch. 310, sec. 24, p. 797; am. 1989, ch. 408, sec. 3, p. 999; am. 1992, ch. 230, sec. 1, p. 687; am. 1992, ch. 231, sec. 1, p. 689; am. 1992, ch. 232, sec. 3, p. 695; am. 1993, ch. 123, sec. 1, p. 313; am. 1993, ch. 334, sec. 4, p. 1242; am. 1995, ch. 72, sec. 2, p. 190; am. 2000, ch. 101, sec. 2, p. 223; am. 2000, ch. 253, sec. 1, p. 718; am. 2003, ch. 52, sec. 1, p. 191; am. 2003, ch. 239, sec. 1, p. 617; am. 2005, ch. 85, sec. 1, p. 301; am. 2007, ch. 20, sec. 2, p. 31; am. 2011, ch. 328, sec. 1, p. 962; am. 2016, ch. 58, sec. 1, p. 179; am. 2017, ch. 111, sec. 2, p. 261; am. 2019, ch. 94, sec. 2, p. 339.]
(1) If federal law permits the several states to establish size and weight limits in excess of those prescribed in sections 49-1001 and 49-1010, Idaho Code, the board, as provided in subsection (2) of this section, may authorize the movement on highways under its jurisdiction of vehicles, motor vehicles, trailers and/or semitrailers, or combinations thereof, of a size or weight in excess of the limits prescribed in sections 49-1001 and 49-1010, Idaho Code, but within the limits necessary to qualify for federal-aid highway funds.
(2) The authority granted the board by the provisions of this section shall be exercised by adoption of rules or regulations pursuant to section 40-312, Idaho Code, or by issuance of permits pursuant to section 49-1004, Idaho Code, except that the maximum size and weight limits authorized in this section apply.
(3) The following vehicles may be operated on any highway that is not part of the federal-aid interstate system, up to two thousand (2,000) pounds in excess of any axle, bridge or gross vehicle weight limit established in section 49-1001, Idaho Code, as determined by the vehicle operator:
(a) Farm vehicles;
(b) Vehicles that are operated to transport forest products; and
(c) Refuse or sanitation trucks that are operated by a city, county or state agency, or by a designated agent of the agency, to transport refuse.
Such extra weight shall not apply to posted bridge weights or other seasonal or temporary weight limit postings.
[49-1011, added 1988, ch. 265, sec. 282, p. 723; am. 2013, ch. 350, sec. 1, p. 951; am. 2015, ch. 208, sec. 10, p. 655.]
Notwithstanding any other provision of law, harvesting machinery may be moved during hours of darkness when that machinery is equipped, in addition to those requirements set forth in chapter 9, title 49, Idaho Code, with a flashing amber-colored light at least four (4) inches in diameter clearly visible from in front of the machinery, a flashing red-colored light at least four (4) inches in diameter clearly visible from the back of the machinery, and the machinery is preceded by a well-lighted pilot vehicle or flagman at least three hundred (300) feet in advance of the vehicle to give warning of the approach of the equipment and followed by a well-lighted pilot vehicle or flagman at least three hundred (300) feet behind the vehicle to give warning of the presence of the equipment on the highway.
[49-1012, added 1988, ch. 265, sec. 283, p. 723.]
(1) It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this chapter, except that violations of law as specified in paragraphs (a), (b) and (c) of subsection (3) of this section shall constitute an infraction.
(2) Persons convicted of violations of the provisions of sections 49-434A, 49-1003 and 49-1006 through 49-1012, Idaho Code, shall be subject to punishment by a fine of not to exceed three hundred dollars ($300) or by imprisonment in the county jail for not more than thirty (30) days or by a combination of such fine and imprisonment.
(3) Persons convicted of violations of the provisions of sections 49-438, 49-1001, 49-1002, 49-1004 and 49-1005, Idaho Code, shall be subject to a penalty as prescribed herein:
(a) One (1) pound through one thousand (1,000) pounds overweight shall be five dollars ($5.00) and shall constitute an infraction.
(b) One thousand one (1,001) pounds through two thousand (2,000) pounds overweight shall be fifteen dollars ($15.00) and shall constitute an infraction.
(c) Two thousand one (2,001) pounds through four thousand (4,000) pounds overweight shall be twenty-five dollars ($25.00) and shall constitute an infraction.
(d) Four thousand one (4,001) pounds through fifteen thousand (15,000) pounds overweight shall be twenty-five dollars ($25.00) plus $.1341 per pound for each additional pound over four thousand (4,000) pounds overweight.
(e) Fifteen thousand one (15,001) pounds through twenty thousand (20,000) pounds overweight shall be one thousand five hundred dollars ($1,500) plus twenty cents ($.20) per pound for each additional pound over fifteen thousand (15,000) pounds overweight.
(f) Twenty thousand one (20,001) pounds and greater shall be two thousand five hundred dollars ($2,500) plus thirty cents ($.30) per pound for each additional pound over twenty thousand (20,000) pounds overweight.
(g) In addition to the penalties specified in this subsection, one hundred fifty dollars ($150) for failure to deploy a variable load suspension axle which results in adjacent axles exceeding allowable weight by two thousand one (2,001) pounds or more.
(4) Persons convicted of an infraction or misdemeanor for violating two (2) or more of the provisions of section 49-1001, 49-1002 or 49-1004, Idaho Code, at any one (1) time shall be assessed the full amount of the penalty for the primary violation. In addition to the assessment of the penalty for the primary violation, the person convicted of an infraction or misdemeanor shall be assessed a penalty of ten dollars ($10.00) for each additional misdemeanor conviction or five dollars ($5.00) for each additional infraction for violations of section 49-1001, 49-1002 or 49-1004, Idaho Code, committed at the same time.
(5) All moneys collected as a result of the penalties prescribed in subsections (3) and (4) of this section, shall be deposited into the highway distribution account.
[49-1013, added 1988, ch. 265, sec. 284, p. 724; am. 1991, ch. 226, sec. 3, p. 544; am. 1995, ch. 122, sec. 4, p. 538; am. 1997, ch. 135, sec. 1, p. 403; am. 1998, ch. 266, sec. 1, p. 877; am. 2000, ch. 101, sec. 3, p. 225; am. 2005, ch. 182, sec. 2, p. 557.]
As used in this section:
(1) "Motor carrier transportation contract" means a contract, agreement or understanding covering:
(a) The transportation of property for compensation or hire by the motor carrier;
(b) Entrance on property by the motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or
(c) A service incidental to activity described in this subsection including, but not limited to, storage of property.
(2) "Promisee" means the promisee and any agents, employees, servants or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with the promisee and such motor carrier’s agents, employees, servants or independent contractors directly responsible to such motor carrier.
(3) Notwithstanding any other provision of law to the contrary, a provision, clause, covenant or agreement contained in, collateral to or affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.
[49-1014, added 2013, ch. 84, sec. 1, p. 206.]
(1) The department shall administer and enforce the provisions of this chapter.
(2) Any person aggrieved by an order or an act of the department, may, within ten (10) days after notice file a petition in the district court for Ada County for a review. The filing of such a petition shall not suspend the order or act unless a stay shall be allowed by a judge of the court pending final determination of the review. The court shall summarily hear the petition and may make any appropriate order or decree.
[49-1201, added 1988, ch. 265, sec. 291, p. 726.]
The department shall upon request furnish any person a certified abstract of the operating record of any person subject to the provisions of this chapter providing fees have been paid pursuant to section 49-202, Idaho Code. Personal information contained in the operating record shall be exempt from disclosure as provided in chapter 2, title 49, Idaho Code. The abstract shall also fully designate the motor vehicles, if any, registered in the name of the person. If there is no record of any conviction of the person of violating any law relating to the operation of a motor vehicle or of any injury or damage caused by that person, the department shall so certify. These abstracts shall not be admissible as evidence in any action for damages or criminal proceedings arising out of a motor vehicle accident.
[49-1202, added 1988, ch. 265, sec. 292, p. 726; am. 1992, ch. 115, sec. 23, p. 372; am. 1997, ch. 80, sec. 12, p. 191.]
(1) Whenever any person fails within sixty (60) days to satisfy a judgment, it shall be the duty of the clerk of the court, or of the judge of a court, which has no clerk, in which a judgment is rendered within this state, to forward to the department immediately after the expiration of the sixty (60) days, a certified copy of the judgment.
(2) If the defendant named in any certified copy of a judgment reported to the department is a nonresident, the department shall transmit a certified copy of the judgment to the official in charge of the issuance of drivers’ licenses of the state of which the defendant is a resident.
[49-1203, added 1988, ch. 265, sec. 293, p. 726; am. 1990, ch. 45, sec. 32, p. 103.]
(1) Upon receipt of a certified copy of a judgment, the department shall suspend, except as provided in section 49-1207, Idaho Code, the driver’s license or the nonresident’s driving privilege of any person against whom the judgment was rendered.
(2) If the judgment creditor consents in writing, in a form as the department may prescribe, that the judgment debtor be allowed a driver’s license or nonresident’s driving privilege, he may so be allowed by the department, in its discretion, for six (6) months from the date of consent and thereafter until consent is revoked in writing, notwithstanding default in the payment of the judgment, or of any installments prescribed in section 49-1207, Idaho Code, provided the judgment debtor furnishes proof of financial responsibility.
[49-1204, added 1988, ch. 265, sec. 294, p. 727, am. 1990, ch. 45, sec. 33, p. 104.]
The driver’s license and nonresident’s driving privilege shall, except as provided in section 49-1207, Idaho Code, remain suspended and shall not be renewed, nor shall any driver’s license be issued in the name of that person, including any person not previously licensed, unless and until every judgment is stayed, satisfied or discharged and proof of financial responsibility is given. A discharge in bankruptcy shall not be deemed a satisfaction of judgment unless the person gives proof of financial responsibility.
[49-1205, added 1988, ch. 265, sec. 295, p. 727; am. 1990, ch. 45, sec. 34, p. 104.]
Judgments in excess of the amounts specified in section 49-117, Idaho Code, shall, for the purpose of this chapter only, be deemed satisfied when payments in the amounts specified have been credited. Payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident shall be credited in reduction of the respective amount specified.
[49-1206, added 1988, ch. 265, sec. 296, p. 727.]
(1) A judgment debtor upon due notice to the judgment creditor may apply to the court in which judgment was rendered for the privilege of paying the judgment in installments and the court may, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, so order and fix the amounts and times of payment of the installments.
(2) The department shall not suspend a driver’s license or a nonresident’s driving privilege, and shall restore any driver’s license or nonresident’s driving privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default.
(3) In the event the judgment debtor fails to pay any installment as specified by such order, then upon notice of default, the department shall suspend the driver’s license or nonresident’s driving privilege of the judgment debtor until the judgment is satisfied, as provided in this chapter.
[49-1207, added 1988, ch. 265, sec. 297, p. 728; am. 1990, ch. 45, sec. 35, p. 104.]
(1) If a person is not licensed, but by final order or judgment is convicted of, or forfeits any bail or collateral deposited to secure an appearance for trial, or has entered a plea of guilty for, any offense requiring the suspension or revocation of the driver’s license, or for operating a motor vehicle upon the highways without being licensed to do so, no driver’s license shall be issued to that person and his driving privilege shall remain suspended or revoked until he gives and maintains proof of financial responsibility. Such person shall be required to verify proof of financial responsibility for a three (3) year period commencing with the last day of the suspension or revocation.
(2) Whenever the department or a court suspends, or the department revokes a resident’s driver’s license or nonresident’s driving privilege by reason of a conviction, forfeiture of bail, or upon a plea or finding of guilty, the license or privilege shall remain suspended or revoked unless the person shall have previously given or shall immediately give and maintain proof of financial responsibility. Such person shall be required to verify proof of financial responsibility for a three (3) year period commencing with the last day of the suspension or revocation.
(3) Any person who is convicted of violating the provisions of either section 49-1229, 49-1232 or 49-1428, Idaho Code, for the first time shall give and maintain proof of financial responsibility throughout the one (1) year period following the conviction. Any person convicted for a second or any subsequent time of violating the provisions of section 49-1229, 49-1232 or 49-1428, Idaho Code, within a five (5) year period, shall give and maintain proof of financial responsibility throughout the three (3) year period following such conviction. The department shall notify any person subject to this subsection of the requirements for maintaining proof of financial responsibility for a second and any subsequent conviction. The driver’s license and driving privileges shall remain suspended unless the person gives and maintains proof of financial responsibility throughout either the one (1) year or the three (3) year period following such conviction.
(4) Whenever a person is required to maintain proof of financial responsibility, and who is not a resident of Idaho, files and maintains proof of financial responsibility in his home state the department shall reinstate the person’s driving privileges as long as proof of financial responsibility is maintained in the person’s home state.
[49-1208, added 1988, ch. 265, sec. 298, p. 728; am. 1989, ch. 310, sec. 25, p. 798; am. 1990, ch. 45, sec. 36, p. 105; am. 1990, ch. 432, sec. 3, p. 1199; am. 1992, ch. 115, sec. 24, p. 373; am. 1998, ch. 110, sec. 28, p. 411; am. 1998, ch. 423, sec. 1, p. 1335; am. 1999, ch. 81, sec. 17, p. 260; am. 2001, ch. 74, sec. 3, p. 176.]
(1) An owner’s policy of liability insurance shall:
(a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is to be granted; and
(b) Insure the person named therein and any other person, as insured, using any such described motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as provided in section 49-117, Idaho Code.
(2) An operator’s policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth in subsection (1) of this section with respect to an owner’s policy of liability insurance.
(3) A motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
(4) A motor vehicle liability policy shall not insure any liability under any worker’s compensation law as provided in title 72, Idaho Code, nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any described motor vehicle nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
(5) Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:
(a) The policy may not be canceled or annulled as to any liability by any agreement between the insurance carrier and the insured after the occurrence of any injury or damage covered by the motor vehicle liability policy.
(b) Satisfaction by the insured of a judgment for injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.
(c) The insurance carrier shall have the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount shall be deductible from the limits of liability referenced in subsection (1)(b) of this section.
(d) The policy and its written application, if any, and any rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between the parties.
(6) Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and any excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants an excess of additional coverage the term "motor vehicle liability policy" shall apply only to that part of the coverage which is required by this section.
(7) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.
(8) Any motor vehicle liability policy may provide for the prorating of the insurance with other valid and collectible insurance.
(9) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one (1) or more insurance carriers, which policies together meet the requirements of this chapter.
(10) Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
(11) Notwithstanding any other provisions of this section or section 49-2417, Idaho Code, when the negligent operation of a loaned vehicle results in the death or injury to a person or damage to personal property and at the time of the negligent operation of the loaned vehicle the operator is insured under a motor vehicle liability policy complying with the financial responsibility law of this state, then primary coverage for the death of or injury to a person or damage to personal property shall be provided by the operator’s motor vehicle liability policy. When an operator’s policy provides liability or physical damage coverage for damage to the loaned vehicle, that coverage shall be primary and shall be limited to the lower of the reasonable cost to repair or the owner’s actual cost to replace the loaned vehicle. The insurance policy of the owner of the loaned vehicle shall provide secondary or excess coverage for the death of or injury to a person or personal property.
(a) For the purpose of this subsection, "loaned vehicle" means a motor vehicle which is provided for temporary use without charge to the operator by an entity licensed under chapter 16, title 49, Idaho Code, for the purpose of demonstrating the vehicle to the operator as a prospective purchaser, or as a convenience to the operator during the repairing or servicing of a motor vehicle for the operator, regardless of whether such repair or service is performed by the owner of the loaned vehicle or by some other person or business.
(b) Should the owner of a motor vehicle receive any compensation from or on behalf of the operator for the temporary use of the motor vehicle, excluding any compensation provided to the owner as a result of the repairing or servicing of a motor vehicle for the operator, the owner’s insurance coverage shall be primary and the operator’s motor vehicle insurance shall be secondary or excess.
(12) No motor vehicle liability policy providing coverage beyond state mandated minimum limits shall provide a reduced level of coverage to any insured’s family or household member or other authorized user except as provided in section 41-2510, Idaho Code.
[49-1212, added 1988, ch. 265, sec. 302, p. 730; am. 2000, ch. 232, sec. 1, p. 651; am. 2007, ch. 307, sec. 1, p. 859; am. 2013, ch. 217, sec. 1, p. 511.]
When an insurance carrier has certified a motor vehicle liability policy under section 49-1210, Idaho Code, the insurance so certified shall not be cancelled or terminated until at least ten (10) days after a notice of cancellation or termination of the insurance so certified shall be filed with the department. A policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.
[49-1213, added 1988, ch. 265, sec. 303, p. 732; am. 1992, ch. 115, sec. 27, p. 373.]
(1) This chapter shall not be held to apply to or affect policies of motor vehicle insurance against liability which may now or hereafter be required by any other law of this state, and such policies, if they contain an agreement or are indorsed to conform to the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.
[49-1214, added 1988, ch. 265, sec. 304, p. 732.]
Whenever any person required to give proof of financial responsibility is or later becomes an operator in the employ of any owner, or is or later becomes a member of the immediate family or household of the owner, the department shall accept proof given by the owner in lieu of proof by the other person to permit that other person to operate a motor vehicle.
[49-1217, added 1988, ch. 265, sec. 307, p. 733; am. 1989, ch. 88, sec. 46, p. 189; am. 1992, ch. 115, sec. 28, p. 374.]
(1) The department shall upon request consent to the immediate cancellation of any certificate of insurance, or the department shall waive the requirement of filing proof, in any of the following events:
(a) At any time after one (1) year or three (3) years from the date the proof was required, as provided in section 49-1208, Idaho Code, when, during the one (1) year or three (3) year period preceding the request, the department has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the driver’s license or nonresident’s operating privilege of the person by or for whom the proof was furnished; or
(b) In the event of the death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle; or
(c) In the event the person who has given proof surrenders his driver’s license to the department.
(2) Whenever any person whose proof has been canceled or returned applies for a driver’s license within a period of one (1) year or within a period of three (3) years from the date proof was originally required, as provided in section 49-1208, Idaho Code, the application shall be refused unless the applicant shall reestablish proof for the remainder of the one (1) year or three (3) year period.
[49-1220, added 1988, ch. 265, sec. 310, p. 734; am. 1989, ch. 88, sec. 48, p. 190; am. 1998, ch. 423, sec. 2, p. 1336; am. 2001, ch. 74, sec. 7, p. 178.]
If an owner’s registration has been suspended under the provisions of this chapter, that registration shall not be transferred nor the motor vehicle in respect of which the registration was issued registered in any other name until the director is satisfied that the transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this chapter. Nothing in this section shall be construed to apply to or affect the registration of any motor vehicle sold by a person who, pursuant to the terms or conditions of any written instrument giving a right of repossession, has exercised that right and has repossessed that motor vehicle from a person whose registration has been suspended under the provisions of this chapter.
[49-1221, added 1988, ch. 265, sec. 311, p. 735.]
(1) This chapter shall not apply with respect to any motor vehicle owned by the United States, the state, any municipality or other political subdivision.
(2) Sections 49-1212, 49-1229, 49-1230 and 49-1232, Idaho Code, shall not apply to vehicles defined in section 67-7101, Idaho Code, provided that the owner or operator of such vehicle has procured other liability insurance applicable to the use of the vehicle upon public roads consistent with section 49-1428, Idaho Code. Such other liability insurance coverage is not required to meet the policy requirements stated in sections 49-1212 and 49-1229, Idaho Code.
[49-1223, added 1988, ch. 265, sec. 313, p. 736; am. 2009, ch. 159, sec. 1, p. 477.]
(1) Any person in whose name more than twenty-five (25) motor vehicles are registered and titled in Idaho, or engaged in the operation of a railroad, street railway system or public utility subject to the regulation of the public utilities commission irrespective of the number of vehicles registered, may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department.
(2) The department may, in its discretion, issue a certificate of self-insurance and certificate of liability insurance in a form as the department prescribes when the department is satisfied that the person is possessed and will continue to be possessed of ability to pay judgments obtained against that person upon application, and providing a statement by a certified public accountant attesting the applicant’s net worth is five hundred thousand dollars ($500,000), a list of vehicles and an application fee of seventy dollars ($70.00) which shall be deposited in the state highway account.
(3) The self-insurer will be required to submit an annual financial statement showing net worth of five hundred thousand dollars ($500,000), a list of vehicles and a seventy dollar ($70.00) issue fee to be deposited in the state highway account.
(4) Upon not less than five (5) days’ notice and a hearing pursuant to the notice, the department may upon reasonable grounds cancel a certificate of self-insurance. Failure to pay any judgment within thirty (30) days after a judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
[49-1224, added 1988, ch. 265, sec. 314, p. 736; am. 1992, ch. 115, sec. 30, p. 374; am. 2009, ch. 331, sec. 6, p. 958.]
After consultation with insurance companies authorized to issue automobile liability policies in this state, the director of insurance shall approve reasonable plans for the equitable apportionment among those companies of applicants for policies and for motor vehicle liability policies who are in good faith entitled to but are unable to procure policies through ordinary methods. When a plan has been approved, all those insurance companies shall subscribe to and participate in the plan. Any applicant for a policy, any person insured under such a plan, and any insurance company affected, may appeal to the director of insurance from any ruling or decision of the manager or committee designated to operate the plan. Any person aggrieved hereunder by any order or act of the director of insurance may, within ten (10) days after notice of it, file a petition in the district court of Ada County, Idaho, for a review. The court shall summarily hear the petition and may make an appropriate order or decree.
[49-1225, added 1988, ch. 265, sec. 315, p. 736.]
Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon other processes provided by law.
[49-1226, added 1988, ch. 265, sec. 316, p. 737.]
(1) Every owner of a motor vehicle which is registered and operated in Idaho by the owner or with his permission shall continuously, except as provided in section 41-2516, Idaho Code, provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by maintenance or use of motor vehicles described therein in an amount not less than that required by section 49-117, Idaho Code, and shall demonstrate the existence of any other coverage required by this title or a certificate of self-insurance issued by the department pursuant to section 49-1224, Idaho Code, for each motor vehicle to be registered.
(2) A motor vehicle owner who prefers to post an indemnity bond with the director of the department of insurance in lieu of obtaining a policy of liability insurance may do so. Such bond shall guarantee that any loss resulting from liability imposed by law for bodily injury, death or damage to property suffered by any person caused by accident and arising out of the operation, maintenance and use of the motor vehicle sought to be registered shall be paid within thirty (30) days. The indemnity bonds shall guarantee payment in an amount no less than fifty thousand dollars ($50,000) for any one (1) accident of which fifteen thousand dollars ($15,000) is for property damage, for each vehicle registered up to a maximum of one hundred twenty thousand dollars ($120,000) for five (5) or more vehicles.
(3) Any bond given in connection with this chapter shall be, and shall be construed to be, a continuing instrument and shall cover the period for which the motor vehicle is to be registered and operated. Such bond shall be on a form approved by the director of insurance with a surety company authorized to do business in the state.
(4) A motor carrier shall continuously provide insurance against loss resulting from liability imposed by law or by rule of the department and shall comply with the insurance requirements of section 49-1233, Idaho Code.
(5) It is an infraction punishable by a fine of seventy-five dollars ($75.00) for any person to violate the provisions of this section for the first time. A second and any subsequent conviction for a violation of the provisions of this section or the provisions of section 49-1232 or 49-1428, Idaho Code, within a period of five (5) years shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both. The department shall notify any person convicted of a violation of this section of the penalties which may be imposed for a second and any subsequent conviction.
[49-1229, added 1988, ch. 265, sec. 317, p. 737; am. 1990, ch. 432, sec. 4, p. 1199; am. 1998, ch. 423, sec. 3, p. 1337; am. 1999, ch. 81, sec. 18, p. 261; am. 1999, ch. 383, sec. 8, p. 1063.]
Before any applicant required to register his motor vehicle may do so the applicant shall certify the existence of automobile liability insurance covering the motor vehicle on a form prescribed by the department. The department may immediately cancel the registration card and license plates of the vehicle upon notification that the insurance certification was not correctly represented.
An owner of a motor vehicle who ceases to maintain the insurance required in accordance with this chapter shall immediately surrender the registration card and license plates for the vehicle to the department and may not operate or permit operation of the vehicle in Idaho until insurance has again been furnished as required in accordance with this chapter and the vehicle is again registered and licensed.
[49-1230, added 1988, ch. 265, sec. 318, p. 738.]
(1) A certificate of liability insurance to be effective must be issued by an insurance or surety company authorized to do business in this state, by an authorized agent of such a company, or by the director of the department of insurance. The certificate of liability insurance shall be in a form prescribed by the director of the department of insurance. Upon purchase or renewal of a policy of insurance or upon request of its insured, an insurance or surety company or its authorized agent shall issue a certificate of liability insurance and present it to its insured. An insurance or surety company or its authorized agent shall not charge a fee for a certificate of liability insurance.
(2) When to the satisfaction of the director of the department of insurance it appears that a bond or cash deposit complying with the requirements of this chapter has been deposited with him, he shall issue to the motor vehicle owner a certificate of liability insurance.
[49-1231, added 1988, ch. 265, sec. 319, p. 738.]
(1) A certificate or proof of liability insurance shall be in the possession of the operator of every motor vehicle or present in every motor vehicle at all times when the vehicle is operated within this state. The certificate or proof of liability insurance shall be provided for inspection to any peace officer upon request to the operator of any motor vehicle. No person shall be convicted of violating this section if that person produces at any time prior to conviction the certificate or proof of liability insurance covering the motor vehicle that person is accused of operating in violation of this section, where the certificate or proof of liability insurance demonstrates the existence of liability insurance described in section 49-1212, Idaho Code, which was in effect at the time of occurrence of the violation. The certificate or proof of liability insurance required by this section may be produced in either paper or electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device.
(2) If the court has not ordered the department to suspend the driving privileges of any person convicted of a violation of the provisions of this section, the department may rescind the suspension action, only if the driver can prove by sufficient evidence that the legally required motor vehicle insurance or other required evidence of financial responsibility was in force and effect at the time of the issuance of the citation. No reinstatement fee will be assessed for rescinding the suspension action under this section.
(3) It is an infraction punishable by a fine of seventy-five dollars ($75.00) for any person to violate the provisions of this section for the first time. A second and any subsequent conviction for a violation of the provisions of this section or the provisions of section 49-1229 or 49-1428, Idaho Code, within five (5) years shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both. The department shall notify any person convicted of a violation of this section of the penalties which may be imposed for a second and any subsequent conviction.
[49-1232, added 1988, ch. 265, sec. 320, p. 739; am. 1990, ch. 432, sec. 5, p. 1200; am. 1998, ch. 275, sec. 1, p. 906; am. 1998, ch. 423, sec. 4, p. 1338; am. 1999, ch. 81, sec. 19, p. 262; am. 2012, ch. 147, sec. 1, p. 417.]
(1) Before registering any motor carrier for transporting persons or property, the department shall require verification from the motor carrier that it has obtained and has in effect liability and property damage insurance, or has a surety bond written by an insurer licensed to furnish such insurance in this state or by a surety company authorized to write surety bonds in this state, or who qualifies as a self-insurer pursuant to the provisions of section 49-1224, Idaho Code.
(2) A motor carrier, unless exempted under the provisions of subsection (4) of this section, shall file with the department proof of liability and property damage insurance, surety bond, or proof of self-insurance in such form as the board shall prescribe. It shall be kept in full force and effect, and failure to do so shall be cause for revocation of the registration of the motor carrier.
(3) Insurance carriers shall file a notice with the department at least thirty (30) days before the effective date of any termination of insurance or surety bond or of a reduction in insurance below the amounts set by the board.
(4) Exemptions. The following intrastate motor carriers shall not be exempt from coverage in the amounts required by the provisions of section 49-117, Idaho Code, but shall be exempt from the motor carrier liability and property damage insurance coverage required herein by rule of the board:
(a) Motor vehicles employed solely in transporting school children and teachers to or from school or to and from approved school activities, when the motor vehicles are either:
(i) Wholly owned and operated by such school, or
(ii) Leased or contracted by such school and the motor vehicle is not used in the furtherance of any other commercial enterprise; or
(b) Taxicabs or other motor vehicles performing a licensed or franchised taxicab service, having a seating capacity of not more than seven (7) passengers within twenty-five (25) miles of the boundaries of the licensing or franchising jurisdiction; or
(c) Motor vehicles owned or operated by or on behalf of hotels and used exclusively for the transportation of hotel patrons between hotels and local railroads or airports or other common carrier stations; or
(d) Motor vehicles controlled and operated by any farmer when used in the transportation of his farm equipment or in the transportation of supplies to his farm; or
(e) Motor vehicles used exclusively in the distribution of newspapers; or
(f) Transportation of persons or property by motor vehicle at an airport when incidental to transportation by aircraft or other transportation in substitution for scheduled airline service when the carrier cannot provide the scheduled service because of weather and/or mechanical conditions and the transportation is arranged for and paid by the affected airlines; or
(g) Transportation of persons and/or property, including mobile and modular houses manufactured with wheels and undercarriage as part of the substructure, but not transportation of other houses, buildings or structures within a municipality or territory contiguous to such municipality if such operation outside such municipality be a part of a service maintained within the limits of the municipality with the privilege of transfer of passengers to vehicles within the municipality without additional fare; or
(h) The transportation of agricultural products including fresh fruits and vegetables, livestock, livestock feed or manure; or
(i) Motor propelled vehicles for the sole purpose of carrying United States mail or property belonging to the United States; or
(j) Motor carriers transporting products of the forest; or
(k) Motor carriers transporting products of the mine including sand, gravel and aggregates thereof, except petroleum products; or
(l) Motor carriers transporting household goods as defined by the federal surface transportation board; or
(m) Vehicles properly equipped, designed and customarily used for the transportation of disabled or abandoned vehicles by means of a crane, hoist, tow bar, dolly or roll bed, which vehicle shall be known as a "wrecker (tow truck)."
(5) The board shall promulgate rules to implement the provisions of this section, establishing by rule the amount of liability coverage to be carried for personal injury suffered by one (1) person while being transported in any 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. The board is further authorized to adopt temporary rules as necessary.
[49-1233, added 1999, ch. 383, sec. 9, p. 1064.]
(1) The department shall establish and maintain an online insurance verification system for motor vehicle insurance coverage required by the provisions of this chapter, subject to the following:
(a) The department shall consult with representatives of the insurance industry to determine the objectives, details and deadlines relating to the verification system;
(b) The verification system shall be accessible through the internet, world wide web or a similar proprietary or common carrier electronic system by authorized personnel of the department, department of insurance, courts, law enforcement entities and of any other entity authorized by the department;
(c) The verification system shall provide for direct inquiry and response between the department and insurance carriers, or such other method of inquiry and response as agreed to by the department and individual insurance carriers;
(d) The verification system shall be capable of sending inquiries to and receiving responses from insurers for the purpose of verifying current motor vehicle insurance coverage via web services established by insurers through the internet, world wide web or a similar proprietary or common carrier electronic system, in compliance with the specifications and standards of the insurance industry committee on motor vehicle administration (IICMVA), provided that the department shall promulgate rules to provide insurers an alternative method for verifying motor vehicle insurance policy data rather than establishing web services or utilizing IICMVA’s insurance data transfer guide;
(e) With the exception of unplanned system outages, the verification system shall be available twenty-four (24) hours a day to verify the insurance status of any motor vehicle registered in this state through the vehicle’s identification number, policy number, national association of insurance commissioners’ (NAIC) code or registered owner’s name; provided that a reasonable amount of downtime may be allotted for planned system outages;
(f) The verification system shall include appropriate provisions, consistent with IICMVA standards, to secure its data against unauthorized access and to maintain a record of all information requests; and
(g) All information exchanged between the department and insurance companies, any database created, all information contained in the verification system and all reports, responses or other information generated for the purposes of the verification system shall be exempt from disclosure as provided in section 74-106, Idaho Code.
(2) As a condition for writing motor vehicle liability insurance policies in this state, insurance carriers shall cooperate with the department in establishing and maintaining the insurance verification system and shall provide access to motor vehicle insurance policy status information as may be provided in rules promulgated by the department.
(3) Insurers that make good faith efforts to comply with the provisions of this section shall be immune from civil or administrative liability related to this section.
(4) The department shall establish a program to match information from the online insurance verification system with motor vehicle registrations to determine whether owners of motor vehicles have established financial responsibility. The department shall suspend the registration of any motor vehicle identified by the department as having failed to comply with the financial responsibility requirements. The program shall include:
(a) Insurers reporting data to the verification system at least weekly;
(b) The department performing a periodic match at least monthly of the information from the online insurance verification system with motor vehicle registrations to determine whether owners of motor vehicles have established financial responsibility;
(c) An initial notice to an owner of a motor vehicle who is shown to not have established or maintained financial responsibility for two (2) consecutive months. Such notice shall provide sixty (60) days for an owner to comply with the financial responsibility requirements or to notify the department of exemption;
(d) A final notice to an owner of a motor vehicle who is shown not to have established or maintained financial responsibility subsequent to the notice issued pursuant to paragraph (c) of this subsection. Such notice shall provide ten (10) days for an owner to comply with the financial responsibility requirements or to notify the department of exemption before suspension of an owner’s registration will be effective;
(e) That the department may offer, and that an owner may consent to, the sending of all eligible notices by e-mail in lieu of sending such notices through the mail;
(f) The opportunity for an owner to provide a certificate or proof of liability insurance prior to any action taken against the registration;
(g) That a registration may not be reinstated unless evidence of insurance is provided to the department and a reinstatement fee of seventy-five dollars ($75.00) is paid to the department. These fees shall be deposited into the state highway account. These fees are in addition to any other applicable fines, penalties, and fees;
(h) That an owner may lawfully suspend vehicle insurance pursuant to section 41-2516, Idaho Code;
(i) That an insurance company shall, if it has such capability, report data indicating that a vehicle’s insurance has been lawfully suspended because such vehicle has been placed into storage by the owner; and
(j) That an owner may notify the department when exempt from the requirement to possess proof of vehicle financial responsibility for reasons allowed by Idaho Code or pursuant to rules promulgated by the department. If an exemption applies, the department shall mark the registration record as exempt and such registration shall not be suspended.
(5) Peace officers shall access information from the online insurance verification system to verify the current validity of motor vehicle liability insurance. If insurance is verified, then the peace officer shall not issue a citation for an infraction violation of the provisions of section 49-1232, Idaho Code.
(6) If an Idaho uniform citation is issued to a person for an infraction violation of the provisions of section 49-1232, Idaho Code, and it is subsequently found that the legally required motor vehicle insurance coverage was in force at the time of the issuance of the citation, then the court shall dismiss the citation without penalty and such citation shall not appear on the person’s record.
(7) This section shall not apply to any vehicle insured under commercial motor vehicle coverage and shall not apply to implements of husbandry and golf carts. As used in this section, "commercial motor vehicle coverage" means an insurance policy that covers a business’s vehicles and employees.
(8) The department may promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, to carry out the provisions of this section.
[49-1234, added 2012, ch. 103, sec. 1, p. 275; am. 2013, ch. 291, sec. 1, p. 767; am. 2015, ch. 141, sec. 128, p. 475; am. 2016, ch. 141, sec. 1, p. 407; am. 2019, ch. 269, sec. 1, p. 787; am. 2023, ch. 286, sec. 2, p. 875.]
(1) The driver of any vehicle involved in an accident, either on public or private property open to the public, resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident, or as close as possible, and shall immediately return to, and in every event shall remain at, the scene of the accident until he has fulfilled the requirements of law.
(2) For any accident which occurs on a divided, controlled-access highway or interstate highway of the state highway system, a stop as required by subsection (1) of this section shall be made by moving the vehicle into a safe refuge on the shoulder, emergency lane or median whenever such moving of a vehicle may be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and may be operated under its own power in its customary manner without further damage or hazard to itself, to the traffic elements or to the roadway.
(a) For any other highway, a stop as required by subsection (1) of this section shall be made without obstructing traffic more than is necessary.
(b) The driver or any other person who has removed a motor vehicle from the main-traveled part of the road as provided in this subsection before the arrival of a law enforcement officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this subsection.
(3) Any person failing to stop or to comply with the requirements under these circumstances shall be guilty of a misdemeanor.
(4) The department shall revoke for a period of one (1) year the driver’s license, privileges or permit to drive, or the nonresident operating privilege, of any person convicted of a violation of the provisions of subsection (1) of this section.
(5) Nothing herein shall be construed to interfere with the duty of any city, county or state police officer to investigate and detect crime and enforce the penal, traffic or highway laws of this state or any political subdivision.
[49-1301, added 1988, ch. 265, sec. 322, p. 740; am. 1989, ch. 88, sec. 50, p. 191; am. 1992, ch. 115, sec. 31, p. 375; am. 1998, ch. 110, sec. 29, p. 412; am. 2005, ch. 310, sec. 2, p. 963.]
(1) The driver of any vehicle involved in an accident resulting in damage to any vehicle which is driven or attended by any person shall, at the scene of the accident, give his name, address and, if available, at the scene of the accident, he shall exhibit his driver’s license, proof of registration and certificate or proof of liability insurance to the person struck or to the driver or person attending any vehicle collided with.
(2) If a police officer is present, that officer shall make all reasonable efforts to facilitate the exchange of the required information provided by subsection (1) of this section between the parties involved.
(3) Any person who willfully fails to provide the information required to be given by subsection (1) of this section or who knowingly provides false information of the type required by this section shall be guilty of a misdemeanor.
[49-1302, added 1988, ch. 265, sec. 323, p. 740; am. 1989, ch. 88, sec. 51, p. 191; am. 1999, ch. 156, sec. 1, p. 434.]
The driver of any vehicle which collides with any unattended vehicle shall immediately stop, and then and there either locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle, or shall leave in a conspicuous place in or on the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking, along with a statement of the circumstances.
[49-1303, added 1988, ch. 265, sec. 324, p. 740; am. 1999, ch. 146, sec. 1, p. 417.]
The driver of any vehicle involved in an accident resulting in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of the property of the fact, of his name and address, the name of his insurance agent or company if he has automobile liability insurance, the motor vehicle registration number of the vehicle he is driving, and upon request and if available exhibit his driver’s license.
[49-1304, added 1988, ch. 265, sec. 325, p. 741; am. 1989, ch. 88, sec. 52, p. 191.]
(1) The driver of a vehicle involved in an accident resulting in injury to or death of any person, or damage to the property of any one (1) person in excess of one thousand five hundred dollars ($1,500) shall immediately, by the quickest means of communication, give notice of the accident to the local police department if the accident occurs within a city, otherwise to the office of the county sheriff or the nearest office of the state police.
(2) Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required herein, and there was another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall give or cause to be given the notice not given by the driver.
[49-1305, added 1988, ch. 265, sec. 326, p. 741; am. 1990, ch. 69, sec. 1, p. 151; am. 2005, ch. 269, sec. 1, p. 832.]
(1) Every law enforcement officer, who in the regular course of duty investigates a motor vehicle accident, either at the time of and at the scene of the accident, or thereafter by interviewing participants or witnesses, shall within twenty-four (24) hours after completing the investigation forward a written report of the accident to the department.
(2) Written reports required to be forwarded by law enforcement officers and the information contained in them shall not be privileged or held confidential.
[49-1306, added 1988, ch. 265, sec. 327, p. 741.]
(1) The department shall prepare and upon request supply to police departments, coroners, sheriffs, garages, and other suitable agencies or individuals, forms for written accident reports required by this chapter, appropriate with respect to the persons required to make those reports and the purposes to be served. Written reports shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing, and the persons and vehicles involved.
(2) Every accident report required to be made in writing shall be made on the appropriate form approved by the department, and shall contain all of the information required on the form unless not available.
[49-1307, added 1988, ch. 265, sec. 328, p. 742.]
It is unlawful for any person to file an accident report knowing the same to be false.
[49-1308, added 1988, ch. 265, sec. 329, p. 742.]
Every coroner or other official performing like functions shall, on or before the 10th day of each month, report in writing to the department the death of any person within his jurisdiction during the preceding calendar month as the result of a traffic accident, giving the time and place of the accident and the circumstances relating to it.
[49-1309, added 1988, ch. 265, sec. 330, p. 742.]
The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident of which a report is required as provided in section 49-1306, Idaho Code, or struck by any bullet, shall report to the local police department if the garage is located within a city, otherwise to the office of the county sheriff or the nearest office of the state police within forty-eight (48) hours after the motor vehicle is received, giving the engine number, registration number, and the name and address of the owner or operator of the vehicle.
[49-1310, added 1988, ch. 265, sec. 331, p. 742.]
All accident reports made by garages shall be without prejudice to the individual reporting and shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and shall be used for accident prevention purposes.
[49-1311, added 1988, ch. 265, sec. 332, p. 742; am. 1990, ch. 213, sec. 70, p. 537; am. 2015, ch. 141, sec. 129, p. 476.]
The department shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number of circumstances of traffic accidents.
[49-1312, added 1988, ch. 265, sec. 333, p. 743.]
Any incorporated city may by ordinance require that the driver of a vehicle involved in an accident also file with a designated city department a report of an accident or a copy of any report required to be filed with the department. All such reports shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
[49-1313, added 1988, ch. 265, sec. 334, p. 743; am. 1990, ch. 213, sec. 71, p. 537; am. 2015, ch. 141, sec. 130, p. 476.]
(1) The director of the Idaho state police, jointly with the various county coroners, shall provide a system and procedure whereby all coroners in Idaho shall obtain blood samples from all pedestrians and motor vehicle operators who have died as a result of and contemporaneously with an accident involving a motor vehicle.
(2) All investigating peace officers shall report traffic fatalities to the county coroner or follow the procedure established by the joint action of the director of the Idaho state police and the various coroners.
(3) The blood sample, or result of blood testing, with any information as may be required, shall be delivered to the director of the Idaho state police or his designee. Upon receipt of the sample the director will cause all tests as may be required to determine the amount of alcohol, narcotics and dangerous drugs that may be contained in the sample.
(4) The results of such tests shall be used for statistical purposes and shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
[49-1314, added 1988, ch. 265, sec. 335, p. 743; am. 1989, ch. 310, sec. 26, p. 799; am. 1990, ch. 213, sec. 72, p. 538; am. 2000, ch. 469, sec. 119, p. 1581; am. 2002, ch. 44, sec. 1, p. 98; am. 2015, ch. 141, sec. 131, p. 477.]
Whenever any investigation or judicial action stemming from a traffic accident which resulted in death or injury to any person or damage to any property in an apparent extent of five hundred dollars ($500) or more results in a finding that a physical traffic hazard caused or was responsible for the traffic accident, the investigating traffic enforcement officer or presiding judicial officer shall submit a written statement of his finding to the safety engineer of the department and to the board of county commissioners of the county in which the accident occurred. Within sixty (60) days, the department shall examine and report on the alleged traffic hazard. Copies of the report shall be sent to the reporting traffic enforcement officer or presiding judicial officer who originated the action and the board of county commissioners of the county in which the accident occurred. The report by the department shall contain the engineer’s explanation of the hazard and shall propose what can be done to alleviate the hazard or what has been done to alleviate the hazard, or information to fully explain why no action has been taken or is anticipated.
[49-1315, added 1988, ch. 265, sec. 336, p. 744.]
As a means of promoting safety upon the highways of this state, the transportation department, the state police and other law enforcement officers shall permit relatives or friends of a person killed in a traffic accident upon a highway of the state, with the consent of the next of kin of the deceased, to erect a traffic accident memorial in memory of the decedent. The traffic accident memorial shall be erected adjacent to the portion of the highway where the accident occurred so that the traffic accident memorial serves as a reminder that a fatality occurred on that stretch of highway and that public safety will thereby be enhanced. The transportation department shall promulgate rules to implement the provisions of this section, to provide size limitations the traffic accident memorial must conform to and to retain jurisdiction over areas where traffic accident memorials are placed.
[49-1316, added 1992, ch. 45, sec. 1, p. 148; am. 2001, ch. 45, sec. 1, p. 84.]
(1) Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property; who passes when there is a line in his lane indicating a sight distance restriction; or who drives a vehicle at a speed greater than twenty (20) miles per hour over the posted speed limit in an active school zone when children are present and visible or an active construction zone when workers are present and visible shall be guilty of reckless driving and upon conviction shall be punished as provided in subsection (2) of this section.
(2) Every person who pleads guilty to or is found guilty of reckless driving for the first time is guilty of a misdemeanor and may be sentenced to jail for not more than six (6) months or may be fined not more than one thousand dollars ($1,000), or may be punished by both fine and imprisonment. Every person who pleads guilty to or is found guilty of reckless driving, who has previously been found guilty of or has pled guilty to reckless driving, or any substantially conforming foreign criminal violation within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a misdemeanor and may be sentenced to jail for not more than one (1) year or may be fined not more than two thousand dollars ($2,000), or may be punished by both fine and imprisonment. The department shall suspend the driver’s license or privileges of any such person as provided in section 49-326, Idaho Code.
(3) Inattentive driving shall be considered a lesser offense than reckless driving and shall be applicable in those circumstances where the conduct of the operator has been inattentive, careless or imprudent, in light of the circumstances then existing, rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle operator’s conduct is slight. Every person convicted of inattentive driving under this section shall be guilty of a misdemeanor and may be sentenced to jail for not more than ninety (90) days or may be fined not more than three hundred dollars ($300), or may be punished by both fine and imprisonment.
[49-1401, added 1988, ch. 265, sec. 337, p. 744; am. 1989, ch. 88, sec. 53, p. 191; am. 1992, ch. 115, sec. 32, p. 375; am. 2005, ch. 119, sec. 1, p. 379; am. 2006, ch. 71, sec. 21, p. 224; am. 2026, ch. 178, sec. 1, p. 819.]
(1) As used in this section:
(a) "Mobile electronic device" means a cellular telephone; broadband personal communication device; two-way messaging device; text messaging device; pager; personal digital assistant; laptop computer; computer tablet; stand-alone computer; portable computing device; mobile device with a touchscreen display that is designed to be worn; electronic games; equipment that is capable of playing a video or recording or transmitting video; or any similar electronic device that is used to initiate, receive, or display communication or information. "Mobile electronic device" does not include a radio designed for the citizens band radio service or the amateur radio service of the federal communications commission or a commercial two-way radio communications device, an information or communication system installed within a vehicle, a subscription-based emergency communication device, or a prescribed medical device.
(b) "Operate" means to drive or assume physical control of a motor vehicle upon a public way, street, road, or highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. "Operate" does not include a motor vehicle that is lawfully parked or that has pulled to the side of or off the road at a location where it is legal to do so and where the vehicle remains stationary.
(2) Except as provided in this subsection, a person shall not operate a motor vehicle while using a mobile electronic device. The provisions of this subsection shall not apply to:
(a) A law enforcement officer, firefighter, emergency medical technician, paramedic, operator of an authorized emergency vehicle, or similarly engaged paid or volunteer public safety first responder during the performance of that person’s official duties, and a public or consumer-owned utility employee or contractor acting within the scope of that person’s employment when responding to a utility emergency;
(b) The use of a mobile electronic device for emergency purposes, including a text messaging device to contact a 911 system; an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity; reporting a fire, traffic accident, serious road hazard, or medical or hazardous materials emergency to appropriate authorities; reporting the operator of another motor vehicle who is driving in a reckless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs; or reporting a crime;
(c) The hands-free use of a global positioning or navigation system feature of a mobile electronic device, provided that the operator of the vehicle is not manually entering information into the global positioning or navigation system feature of the device;
(d) The selection of a telephone number or name for the purpose of making or receiving a telephone call, provided that the action is performed through one-touch access or by voice command;
(e) The use of a mobile electronic device in a voice-operated or hands-free mode if the operator of the motor vehicle does not use his hands to operate the device, except through one-touch activation or deactivation of a feature or function of the device;
(f) The use of a mobile electronic device by a governmental or commercial user during the performance of that person’s official duties, as long as the mobile electronic device is being used in a similar manner as a commercial two-way radio communication device; or
(g) The use of a mobile electronic device in a farming or ranching operation to assist in the movement of farm tractors, farm equipment, and implements of husbandry from one farm operation to another.
(3) No person shall operate a motor vehicle while watching motion upon the screen of a mobile electronic device, other than motion related to the functioning or navigation of the vehicle.
(4) A violation of this section shall be a moving violation and shall be an infraction punishable by a fine of seventy-five dollars ($75.00) for a first offense and one hundred fifty dollars ($150) for a second offense within a three (3) year period. For each subsequent offense within a three (3) year period, the offender shall be punished by a fine of three hundred dollars ($300).
(5) A court may suspend a person’s driver’s license for up to ninety (90) days if the person has three (3) or more convictions for violations of this section within a three (3) year period.
(6) Nothing contained in this section shall be construed to authorize seizure of a mobile electronic device by any law enforcement agency.
(7) A conviction under this section for a first offense shall not result in violation point counts as prescribed in section 49-326, Idaho Code.
(8) A conviction under this section for a first offense that does not involve an accident may not be used to make an adverse eligibility decision by an insurer or for the purpose of establishing rates of motor vehicle insurance charged by an insurer.
(9) A law enforcement officer enforcing the provisions of this section is hereby authorized to utilize a violation of this section as the primary or sole reason for initiating a traffic stop or issuing a citation to a driver.
(10) The state preempts the field of regulating the use of mobile electronic devices in motor vehicles while driving, and this section supersedes any local laws, ordinances, orders, rules, or regulations enacted by any political subdivision or municipality to regulate the use of a mobile electronic device by the operator of a motor vehicle.
(11) This section shall be effective July 1, 2020, provided that only warnings and no infractions shall be issued under this section prior to January 1, 2021.
[49-1401A, added 2020, ch. 260, sec. 2, p. 756; am. 2021, ch. 20, sec. 1, p. 52.]
Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared to be a crime, whether individually or in connection with one or more other persons or as a principal, agent, or accessory, shall be guilty of that offense, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provision of this title is likewise guilty of that offense.
[49-1402, added 1988, ch. 265, sec. 338, p. 745.]
It shall be unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle, to require or knowingly permit the operation of the vehicle upon a highway in any manner contrary to law.
[49-1403, added 1988, ch. 265, sec. 339, p. 745.]
(1) Any driver of a motor vehicle who wilfully flees or attempts to elude a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by a peace officer may be by emergency lights or siren. The signal given by a peace officer by emergency lights or siren need not conform to the standards for decibel ratings or light visibility specified in section 49-623(3), Idaho Code. It is sufficient proof that a reasonable person knew or should have known that the visual or audible signal given by a peace officer was intended to bring the pursued vehicle to a stop.
(2) An operator who violates the provisions of subsection (1) and while so doing:
(a) Travels in excess of thirty (30) miles per hour above the posted speed limit;
(b) Causes damage to the property of another or bodily injury to another;
(c) Drives his vehicle in a manner as to endanger or likely to endanger the property of another or the person of another; or
(d) Leaves the state;
is guilty of a felony.
(3) The department shall suspend the driver’s license or privileges of a person who has pled guilty or is found guilty of a misdemeanor violation of the provisions of this section, notwithstanding the form of the judgment or withheld judgment, as provided in section 49-326, Idaho Code. Any person who has pled guilty or is found guilty of a felony violation of the provisions of this section, notwithstanding the form of the judgment or withheld judgment, shall have his driving privileges suspended by the court for a minimum of one (1) year, which may extend to three (3) years, at the discretion of the court, during which time he shall have absolutely no driving privileges of any kind.
[49-1404, added 1988, ch. 265, sec. 340, p. 745; am. 1989, ch. 88, sec. 54, p. 192; am. 1992, ch. 115, sec. 33, p. 376; am. 1993, ch. 164, sec. 1, p. 416; am. 1994, ch. 165, sec. 1, p. 373; am. 1996, ch. 255, sec. 1, p. 836.]
(1) The authority to make an arrest is the same as upon an arrest for a felony when any person is charged with any of the following offenses:
(a) Negligent homicide.
(b) Driving, or being in actual physical control, of a vehicle or operating a vessel while under the influence of alcohol or other intoxicating beverage.
(c) Driving a vehicle or operating a vessel while under the influence of any narcotic drug, or driving a vehicle or operating a vessel while under the influence of any other drug to a degree which renders the person incapable of safely driving a vehicle.
(d) Failure to stop, or failure to give information, or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries.
(e) Failure to stop, or failure to give information, in the event of an accident resulting in damage to a vehicle or vessel or to fixtures or other property legally upon or adjacent to a highway or waterway.
(f) Reckless driving.
(g) Fleeing or attempting to elude a peace officer.
(2) Whenever any person is arrested as authorized in this section, he shall be taken without unnecessary delay before the proper magistrate as provided by law, except that in the case of either of the offenses designated in paragraphs (1)(e), (f) and (g) of this section, a peace officer shall have the same discretion as is provided by law.
(3) As used in this section, the term "vessel" shall be as defined in section 67-7003, Idaho Code.
[49-1405, added 1988, ch. 265, sec. 341, p. 746; am. 1997, ch. 70, sec. 1, p. 146; am. 2001, ch. 113, sec. 1, p. 404.]
Whenever any person is halted by a peace officer for any violation of the provisions of this title not amounting to a misdemeanor and demands an immediate appearance before a magistrate, he shall be taken without unnecessary delay before the proper magistrate as specified in section 49-1411, Idaho Code.
[49-1406, added 1988, ch. 265, sec. 342, p. 746.]
Whenever any person is halted by a peace officer for any misdemeanor violation of the provisions of this title and is not required to be taken before a magistrate, the person shall, in the discretion of the officer, either be given a traffic citation or be taken without unnecessary delay before the proper magistrate as specified in section 49-1411, Idaho Code, in the following cases:
(1) When the person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
(2) When the person is charged with a violation relating to the refusal of a driver of a vehicle to submit a vehicle to an inspection and test.
(3) When the person is charged with a violation relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom.
[49-1407, added 1988, ch. 265, sec. 343, p. 746.]
(1) All of the provisions of this title apply both to residents and nonresidents of Idaho, except the special provisions in this section which shall govern misdemeanor violations in respect to nonresidents under the circumstances stated.
(2) A peace officer at the scene of a traffic accident may arrest without a warrant any driver of a vehicle who is a nonresident of this state and who is involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this title in connection with the accident, and if the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
(3) Whenever any person is arrested under the provisions of this section, he shall be taken without unnecessary delay before the proper magistrate as specified in section 49-1411, Idaho Code.
[49-1408, added 1988, ch. 265, sec. 344, p. 747.]
Whenever a person is halted by a peace officer for a misdemeanor traffic violation and is not taken before a magistrate as required or permitted by this title, the officer shall issue a citation as provided by section 19-3901, Idaho Code, and by rule of the supreme court.
[49-1409, added 1988, ch. 265, sec. 345, p. 747.]
A peace officer at the scene of a traffic accident may issue a written traffic citation, as provided in section 19-3901, Idaho Code, to any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person had committed any offense under the provisions of this title in connection with the accident.
[49-1410, added 1988, ch. 265, sec. 346, p. 747.]
A person shall be taken before a magistrate or given a traffic citation and the charge subsequently processed, as provided by rule of the supreme court.
[49-1411, added 1988, ch. 265, sec. 347, p. 748.]
Whenever any person is taken into custody by an officer for the purpose of taking him before a magistrate as authorized or required in this chapter upon any charge other than a felony or the offenses enumerated in subsections (1)(a) through (d) of section 49-1405, Idaho Code, and no magistrate is available at the time of arrest, and there is no bail schedule established by any magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court, the person shall be released from custody upon the issuance to him of a written traffic citation and his signing a promise to appear.
[49-1412, added 1988, ch. 265, sec. 348, p. 748.]
The provisions of this chapter shall govern all peace officers in making arrests without a warrant for misdemeanor violations of the provisions of this title, but the procedure prescribed shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.
[49-1413, added 1988, ch. 265, sec. 349, p. 748.]
The conviction of a person upon a charge of violating any provision of this title less than a felony shall not affect or impair the credibility of that person as a witness in any civil or criminal proceeding.
[49-1414, added 1988, ch. 265, sec. 350, p. 748.]
(1) Any person who cancels or solicits the cancellation of any traffic citation, in any manner other than as provided in this chapter, shall be guilty of a misdemeanor.
(2) Every record of traffic citations required in this chapter shall be audited at least biennially by the appropriate fiscal officer of the governmental agency to which the traffic-enforcement agency is responsible.
(3) The fiscal officer shall publish or cause to be published at least biennially a summary of all traffic violation notices issued by the traffic-enforcement agency and their dispositions in at least one (1) local newspaper of general circulation.
[49-1415, added 1988, ch. 265, sec. 351, p. 749.]
(1) Every magistrate or judge of a court shall keep or cause to be kept a record of every traffic complaint, traffic citation, or other legal form of traffic charge deposited with or presented to the court, and shall keep a record of every official action by the court in reference thereto, including a record of every conviction, forfeiture resulting from every traffic complaint or citation deposited with or presented to the court.
(2) Within ten (10) days after a conviction or forfeiture of bail of a person upon a charge of violating any provision of this title or other law regulating the operation of vehicles on highways, the magistrate of the court or clerk of the court of record in which the conviction was had or bail was forfeited shall prepare and immediately forward to the department, either by paper or electronically, an abstract of the record of the court covering the case in which the person was convicted or forfeited bail. The abstract shall be certified by the person required to prepare the abstract to be true and correct. A report need not be made of any conviction involving the illegal parking or standing of a vehicle.
(3) The abstract, whether paper or electronic, shall be made upon a form as prescribed by the supreme court and shall include the name and address of the party charged, the number if any of his driver’s license, the registration number of the motor vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail was forfeited, and the amount of the fine or forfeiture as applicable.
(4) Every court of record shall also forward a like report to the department upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.
(5) Courts shall not mask, defer imposition of judgment, or allow the holder of a commercial driver’s license or a person cited while operating a commercial motor vehicle, to enter into a diversion program that would prevent a conviction in any jurisdiction of a violation of a state or local traffic control law, excluding a parking violation, from appearing on the driver’s record.
(6) The failure, refusal, or neglect of any judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be grounds for removal.
(7) The department shall keep all abstracts received in either electronic format or on microfilm, and abstracts shall be open to public inspection during reasonable business hours with the exception of personal information which may be exempt from disclosure as otherwise provided by law.
[49-1416, added 1988, ch. 265, sec. 352, p. 749; am. 1992, ch. 115, sec. 34, p. 376; am. 1998, ch. 110, sec. 30, p. 412; am. 2006, ch. 164, sec. 10, p. 498; am. 2010, ch. 49, sec. 4, p. 93.]
The provisions of sections 49-1401 and 49-1402, Idaho Code, shall be applicable and uniform throughout the state and in all political subdivisions and no local authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of those sections.
[49-1417, added 1988, ch. 265, sec. 353, p. 750.]
(1) Any peace officer or authorized transportation department employee, with or without a warrant, may seize and take possession of any vehicle, trailer, semitrailer, vessel, vessel motor or implement of husbandry, or any part or parts thereof, which the peace officer or authorized employee has probable cause to believe is stolen, or on which any motor number, manufacturer’s number, or identification number has been defaced, altered, removed, covered, destroyed or obliterated. Any peace officer or authorized transportation department employee so seizing a vehicle, vessel, equipment or parts thereof immediately shall notify the department and shall make every reasonable effort to determine ownership of the vehicle, vessel or equipment and to notify the rightful owner that the vehicle has been seized.
(2) It shall be unlawful for any person owning, conducting, managing or operating a service station, public garage, paint shop, or other repair shop for vehicles, vessels, or equipment described in subsection (1) of this section, to fail to notify local law enforcement agencies or the department, of any vehicle, vessel, equipment or parts thereof on which any numbers described in subsection (1) of this section, have been defaced, altered, removed, covered, destroyed or obliterated.
(3) Any person who shall deface, alter, remove, cover, destroy or obliterate the motor number, manufacturer’s number, or identification number of any vehicle, vessel, equipment or parts thereof described in subsection (1) of this section, or places or stamps any serial number, engine number, or any other number upon a vehicle, vessel, equipment or parts thereof unless the number is assigned by the department is guilty of a felony and is punishable as provided by section 18-112, Idaho Code.
(4) Any person who knowingly disposes of, sells or offers for sale any vehicle, engine or parts removed from a vehicle, vessel, equipment or parts thereof described in subsection (1) of this section from which the manufacturer’s number, motor number, identification number or any assigned or replacement number issued by the department has been defaced, altered, removed, covered, destroyed or obliterated is guilty of a felony.
[49-1418, added 1988, ch. 265, sec. 354, p. 750; am. 1991, ch. 288, sec. 5, p. 745.]
No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer, fireman or uniformed adult school crossing guard invested by law with authority to direct, control or regulate traffic.
[49-1419, added 1988, ch. 265, sec. 355, p. 751.]
No person shall, without lawful authority, attempt to or in fact alter, twist, deface, injure, knock down, remove or interfere with the effective operation of any traffic control device or any railroad sign or signal or any inscription, shield or insignia, or any other part.
[49-1420, added 1988, ch. 265, sec. 356, p. 751.]
(1) Whenever any highway has been divided into two (2) or more traffic lanes by leaving an intervening space or by a physical barrier or a clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand traffic lane unless directed or permitted to use another traffic lane by traffic control devices or peace officers. No vehicle shall be driven over, across or within any dividing space, barrier or section, except through an opening in the physical barrier, dividing section or space or at a crossover or intersection as established, unless specifically prohibited by public authority.
(2) No person shall drive a vehicle onto or from any controlled access highway except at entrances and exits as are established by proper authority.
[49-1421, added 1988, ch. 265, sec. 357, p. 751.]
(1) Except as provided in subsections (2) and (3) of this section, a person shall not drive a vehicle carrying fewer than two (2) persons, including the driver, in a high occupancy vehicle lane at any time the use of the high occupancy vehicle lane is restricted to vehicles carrying two (2) or more persons, including the driver.
(2) A person may drive a motorcycle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.
(3) A person may drive a public transportation vehicle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.
(4) A person may drive an emergency vehicle in a high occupancy vehicle lane regardless of the number of passengers, without penalty, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm or when performing normal patrol duties.
(5) A person may drive an authorized maintenance vehicle in a high occupancy vehicle lane regardless of the number of passengers, without penalty, when necessary to perform maintenance of that lane.
(6) Any violation of the provisions of this section shall be an infraction punishable by a fixed penalty of one hundred dollars ($100).
(7) For the purposes of this section, the following terms have the following meanings:
(a) "High occupancy vehicle lane" means a designated lane of laned roadway where the use of such designated lane is restricted to vehicles carrying at least the minimum number of persons as provided for in this section and as designated by the director of the Idaho transportation department as indicated on official signs and other official traffic-control devices.
(b) "Public transportation vehicle" means a vehicle that:
(i) Provides a designated public transportation as defined in section 221 of the Americans with disabilities act of 1990 or provides public school transportation (that is, to and from public or private primary, secondary or tertiary schools); and
(ii) Is owned or operated by a public entity, or is operated under a contract with a public entity, or is operated pursuant to a license by the secretary of the United States department of transportation or an agency of the state of Idaho, to provide motorbus or school vehicle transportation services to the public.
(8) The provisions of this section shall apply only in counties with a population less than twenty-five thousand (25,000), according to the most recent census within the state of Idaho, and where such county includes a resort city authorized to approve certain nonproperty taxes pursuant to section 50-1044, Idaho Code.
[49-1421A, added 2009, ch. 192, sec. 1, p. 626.]
(1) The driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching the school bus when there is in operation on a school bus the visual signals specified in section 49-915, Idaho Code, and the driver of a vehicle shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. Oncoming traffic on a highway of more than three (3) lanes is not required to stop upon meeting a school bus when visual signals are actuated. Any person found guilty of violating the provisions of this subsection for the first time shall be guilty of an infraction punishable by a fine of three hundred dollars ($300). A person convicted of a second offense or any subsequent offense under this subsection within five (5) years shall be guilty of a misdemeanor punishable by a fine of no less than six hundred dollars ($600) or more than one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment. The department shall notify any person convicted of a violation of this section of the penalties that may be imposed for a second conviction and any subsequent conviction. Notwithstanding the provisions of section 19-4705, Idaho Code, the fines imposed under this subsection in excess of one hundred dollars ($100) shall be paid into the school bus camera fund, which is hereby created in the state treasury. Moneys in the fund may be appropriated only for the purpose of school bus stop arm software, equipment, and training to enforce the provisions of this section. Administration of the school bus camera fund shall be overseen by the state department of education.
(2) Every school bus shall be equipped with visual signals meeting the requirements of section 49-915, Idaho Code, which shall be actuated by the driver of the school bus whenever, but only whenever, the vehicle is stopped on the highway for the purpose of receiving or discharging school children. A school bus driver shall not actuate the special visual signals:
(a) In business districts designated by the department or local authorities;
(b) At intersections or other places where traffic is controlled by traffic control signals or peace officers; or
(c) In designated school bus loading areas where the bus is entirely off the roadway.
(3) Every school bus shall bear upon the front and rear plainly visible signs containing the words "SCHOOL BUS" in letters not less than eight (8) inches in height. When a school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school, all markings thereon indicating "school bus" shall be covered or concealed.
(4) When any school bus is sold and is no longer to be used for the transportation of pupils, before it may again be used on the highways of this state, it shall be painted a color other than national school bus glossy yellow, federal standard 595a, color number 13432, and all school bus markings shall be obliterated.
[49-1422, added 1988, ch. 265, sec. 358, p. 751; am. 2014, ch. 69, sec. 1, p. 176; am. 2019, ch. 236, sec. 1, p. 722; am. 2024, ch. 190, sec. 1, p. 686.]
(1) The driver of a school bus who observes a violation of section 49-1422, Idaho Code, shall prepare a written report on a form provided by the department of education indicating that a violation has occurred. The school bus driver or a school official shall deliver the report no more than seventy-two (72) hours after the alleged violation occurred to a peace officer of the state or a peace officer of the county or municipality in which the alleged violation occurred. The report shall state the time and the location at which the alleged violation occurred and shall include the motor vehicle license plate number and a description of the vehicle involved in the alleged violation.
(2) Not more than seven (7) calendar days after receiving a report of an alleged violation of section 49-1422, Idaho Code, from a school bus driver or a school official, the peace officer shall initiate an investigation of the reported violation and contact the registered owner of the motor vehicle involved in the reported violation and request that the owner supply information identifying the driver if the registered owner claims he was not the driver at the time the alleged violation occurred. If, from the investigation, the peace officer is able to identify the driver and has reasonable cause to believe a violation of section 49-1422, Idaho Code, has occurred, the peace officer shall prepare a uniform traffic citation for the violation and shall serve it personally or by certified mail to the driver of the vehicle.
[49-1423, added 1996, ch. 242, sec. 2, p. 772.]
(1) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test or exhibition.
(2) The provisions of this section shall not prohibit the use of the highways for organized motoring activities where speed or acceleration is not the objective of the contest but rather the prime objective is the precise measurement of time and distance within the posted legal speed limits.
(3) The provisions of this section shall not prohibit organized motoring activities upon the highways where speed is a primary objective of the contest when prior written permission is obtained from the authority having jurisdiction over the area to be used, and prior notification is given to law enforcement agencies in the area to be used.
[49-1424, added 1988, ch. 265, sec. 360, p. 753.]
No person or government agency shall operate any train in a manner as to prevent vehicular use of any highway for a period of time in excess of fifteen (15) consecutive minutes except:
(1) When necessary to comply with signals affecting the safety of the movement of trains;
(2) When necessary to avoid striking any object or person on the track;
(3) When the train is stopped to comply with a governmental safety regulation;
(4) When the train is disabled;
(5) When the train is in motion except while engaged in switching operations;
(6) When there is no vehicular traffic waiting to use the crossing.
[49-1425, added 1988, ch. 265, sec. 361, p. 754.]
A pedestrian who is under the influence of alcohol or any drug to a degree which renders him a hazard shall not walk or be upon a highway except on a sidewalk.
[49-1426, added 1988, ch. 265, sec. 362, p. 754.]
Any person operating a vehicle transporting any explosive as a cargo or part of a cargo, upon a highway, shall at all times comply with the provisions of this section.
(1) The vehicle shall be marked or placarded on each side and the rear with the word "explosives" in letters not less than eight (8) inches high, and there shall be displayed on the rear of the vehicle a red flag not less than twenty-four (24) inches square, marked with the word "danger" in white letters six (6) inches high.
(2) The vehicle shall be equipped with not less than two (2) fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle.
[49-1427, added 1988, ch. 265, sec. 363, p. 754.]
(1) It shall be unlawful for any person to operate a motor vehicle upon highways without a valid policy of liability insurance in full force and effect in an amount not less than that provided in section 49-117, Idaho Code, or unless the person has been issued a certificate of self-insurance pursuant to section 49-1224, Idaho Code, or has previously posted an indemnity bond with the director of insurance as provided in section 49-1229, Idaho Code.
(2) It is an infraction punishable by a fine of seventy-five dollars ($75.00) for any person to violate the provisions of this section for the first time. A second and any subsequent conviction of a violation of the provisions of this section or the provisions of section 49-1229 or 49-1232, Idaho Code, within five (5) years shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both. The department shall notify any person convicted of a violation of this section of the penalties which may be imposed for a second and any subsequent conviction.
[49-1428, added 1988, ch. 265, sec. 364, p. 755; am. 1990, ch. 432, sec. 7, p. 1200; am. 1998, ch. 423, sec. 5, p. 1338; am. 1999, ch. 81, sec. 20, p. 263.]
It shall be unlawful for anyone to alter, falsify, forge, counterfeit, or issue or make any certificate of liability insurance except as provided for in this title.
[49-1429, added 1988, ch. 265, sec. 365, p. 755.]
Any person who shall forge or, without authority, sign any declaration that a policy or bond is in effect, or any evidence of proof of financial responsibility, or who files or offers for filing any evidence of proof knowing or having reason to believe it is forged or signed without authority, shall be deemed guilty of a misdemeanor and be fined not more than one thousand dollars ($1,000) or imprisoned not more than one (1) year, or both.
[49-1430, added 1988, ch. 265, sec. 366, p. 755; am. 2001, ch. 74, sec. 8, p. 178.]
(1) No state or local law enforcement agent or law enforcement agency shall engage in motorcycle profiling.
(2) For purposes of this section, "motorcycle profiling" means the arbitrary use of the fact that a person rides a motorcycle or wears motorcycle-related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle under the constitution of the United States or the constitution of the state of Idaho.
(3) Nothing in this section shall be construed to create a cause of action against any individual, the state of Idaho, any counties or cities of the state, or any law enforcement entity within the state.
[49-1431, added 2020, ch. 326, sec. 1, p. 942.]
(1) For the purposes of this section:
(a) "Agency" means the state of Idaho, any political subdivision of the state of Idaho, or any agency thereof.
(b) "Automated license plate reader" means a device that passively records license plates of vehicles on a roadway or any similar device.
(c) "Traffic flow analysis" means the study and real-time use of data regarding vehicles moving through a transportation network in order to improve traffic flow, reduce congestion, and increase safety.
(2) An agency may use an automated license plate reader and its data for law enforcement purposes, traffic flow analysis purposes, or both. An agency that uses an automated license plate reader for law enforcement purposes shall do so pursuant to the following requirements:
(a) The device and its data shall not be used for any purpose other than the investigation of felony or misdemeanor crimes or traffic accidents or to search for missing or endangered persons; and
(b) The device and its data shall not be used to enforce traffic infractions other than those associated with a traffic accident.
(3) Access to automated license plate reader data shall be limited to an agency’s authorized personnel. Agencies shall implement access controls to ensure that only individuals with appropriate clearance are able to retrieve automated license plate reader data.
(4) Except as expressly allowed pursuant to this section, automated license plate reader data shall not be used for any non-law enforcement purpose, including but not limited to personal use, political activity, or surveillance unrelated to the purposes described in subsection (2)(a) of this section.
(5) A person who misuses automated license plate reader data pursuant to subsection (4) of this section shall be subject to discipline, administrative penalties, and criminal prosecution, if applicable.
(6) Each agency that uses automated license plate readers shall conduct mandatory training for all authorized users regarding data privacy, legal compliance, and ethical use of automated license plate reader systems.
(7) All access to and queries of automated license plate reader data shall be logged in a secure audit system to include user identity, date, time, and the purpose of access.
(8) Agencies shall conduct semiannual audits of automated license plate reader data access logs to detect and address any unauthorized or suspicious activity.
[49-1432, added 2025, ch. 316, sec. 1, p. 1320.]
A peace officer or authorized employee of the Idaho transportation department may issue an Idaho uniform citation for any infraction violation of the provisions of chapters 3, 4 and 6 through 9 of this title, or any other section of this title for which an infraction penalty is specifically provided, in which he shall certify that he has reasonable grounds to believe and does believe, that the person cited committed the infraction contrary to law.
[49-1501, added 1988, ch. 265, sec. 368, p. 756; am. 1990, ch. 432, sec. 8, p. 1201; am. 1991, ch. 226, sec. 4, p. 544; am. 2000, ch. 327, sec. 5, p. 1105.]
(1) The procedure for processing an infraction citation and the trial thereon, if any, shall be the same as provided for the processing of a misdemeanor citation under rules promulgated by the supreme court, except there shall be no right to a trial by jury. An infraction is a civil public offense, but in order to insure the maximum protection of the laws to the citizens charged with having committed an infraction, the burden of proof and the rules of evidence applied to an infraction proceeding shall be those provided in a criminal trial.
(2) In the event the defendant of an infraction citation admits the offense, pays the penalty prescribed in the rules of the supreme court pursuant to section 49-1503(2), Idaho Code, or is found to have committed the infraction after trial before the court, a judgment shall be entered and reported to the department within ten (10) days of entry of the judgment.
[49-1502, added 1988, ch. 265, sec. 369, p. 756.]
(1) No local authority may, by ordinance, regulation or otherwise make any act a misdemeanor which, but for that ordinance or regulation, would constitute an infraction under any provision of this chapter and all such acts made a misdemeanor or for which a misdemeanor penalty has been established by any local authority through ordinance, regulation or otherwise are hereby declared to be infractions as defined in section 49-110, Idaho Code.
(2) The penalty for an infraction citation and the judgment entered for the commission of an infraction shall be the amount provided in section 18-113A, Idaho Code.
[49-1503, added 1988, ch. 265, sec. 370, p. 756; am. 2014, ch. 236, sec. 5, p. 599.]
(1) Any person found to have committed an infraction after a hearing by a court may appeal the findings to the district court in the same manner prescribed by law and rule for any criminal appeal from the magistrate’s division of the district court.
(2) An appeal under this section shall not operate to stay the reporting requirements of section 49-1502(2), Idaho Code.
[49-1504, added 1988, ch. 265, sec. 371, p. 757.]
The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions.
[49-1506, added 1988, ch. 265, sec. 373, p. 758.]
It shall be unlawful for any person to act as a dealer or salesman, wholesaler, manufacturer of vehicles or a manufacturer, distributor, factory branch, or distributor branch representative, without first having procured a license from the department. It shall be unlawful for any person other than a licensed dealer to display a vehicle for sale unless the title is in the name of the displayer. It shall be unlawful to solicit sales of vehicles without a dealer’s license, unless the title is in the name of the seller. The provisions of this section shall not apply to the sale or solicitation of specialty vehicles to governmental entities within the state. Specialty vehicles shall be defined as fire trucks, fire engines, urban transit buses, ambulances, street sweepers and hazardous material response vehicles.
[49-1601, added 1988, ch. 265, sec. 374, p. 758; am. 1993, ch. 230, sec. 1, p. 803.]
(1) The legislature finds that the distribution and sale of motor vehicles within this state vitally affects the general economy of the state, the public interest, and the public welfare.
(2) In order to promote the public interest and the public welfare and in the exercise of the state’s police power, it is necessary to regulate motor vehicle manufacturers, distributors, and factory or distributor representatives and to regulate dealers of motor vehicles doing business in this state in order to prevent frauds, impositions, and other abuses on its citizens and to protect and preserve the investments and properties of the citizens of this state.
(3) The provisions of this chapter shall be construed and applied to accomplish the purposes provided for in this section.
[49-1601A, added 2024, ch. 213, sec. 1, p. 750.]
The department shall:
(1) Issue, and for reasonable cause shown, refuse to issue an applicant any license authorized under the provisions of this chapter. The department may refuse to issue all license types to any applicant, other than a partnership or corporation, if the applicant fails to comply with the terms and provisions of this chapter or the rules of the board, or if the applicant has been convicted of a violation of any of the provisions of this chapter, chapter 5, title 49, Idaho Code, section 49-1418, Idaho Code, chapter 6, title 48, Idaho Code, any felony committed in conjunction with a dealership or of any federal odometer law or regulation. Should the applicant be a partnership or a corporation, the department may refuse to issue a license to the applicant where it determines that one (1) or more of the partners of a partnership, or one (1) or more of the stockholders or officers of a corporation, was previously the holder of a license which was revoked or suspended, and the license revoked never reissued or the suspended license never reinstated, or that one (1) or more of the partners, stockholders, or officers, though not previously the holder of a license, has violated any of the provisions of this chapter or of an applicable rule or regulation, or of federal motor vehicle safety standards.
(2) For just cause shown, revoke or suspend, on terms, conditions, and for a period of time as the department shall consider fair and just, any license or licenses issued pursuant to the provisions of this chapter. No license shall be revoked or suspended unless it shall be shown that the licensee has violated a provision of this chapter or of an applicable rule or regulation, or of federal motor vehicle safety standards. An Idaho licensed motor vehicle dealer or licensed motor vehicle salesman who is convicted of one (1) or more of the offenses set forth in subsection (1) of this section shall not be eligible to reapply for a motor vehicle dealer’s or salesman’s license until all outstanding customer complaints have been resolved to the department’s satisfaction and for the following time periods from the date of conviction: misdemeanor convictions: three (3) years for the first conviction and seven (7) years for every subsequent conviction; felony convictions: ten (10) years for the first conviction and ten (10) years for every subsequent conviction. The holder of a motor vehicle dealer’s license shall not be eligible to apply for a motor vehicle salesman’s license within the same time periods set forth in this subsection when convicted of one (1) or more of the offenses set forth in subsection (1) of this section.
(3) On its own motion, upon the sworn complaint of any person, investigate any suspected or alleged violation by a licensee of any of the provisions of this chapter or of an applicable rule or regulation.
(4) Prescribe forms for applications for licenses and qualifications for an applicant for licensure. Every application for a license shall contain, in addition to other information required by the department, the following:
(a) The name and residence address of the applicant and the trade name, if any, under which he intends to conduct his business. If the applicant is a copartnership, the name and residence address of each member, whether a limited or general partner, and the name under which the partnership business is to be conducted. If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers and directors.
(b) A complete description, including the city with the street number, of the principal place of business and any other and additional places of business operated and maintained by the applicant in conjunction with the principal place of business.
(c) Copies of any letters of franchise for new vehicles that the applicant has been enfranchised to sell or exchange, and the name or names and addresses of the manufacturer or distributor who has enfranchised the applicant.
(d) Names and addresses of the persons who shall act as salesmen under the authority of the license, if issued.
(e) A copy of the certificate of assumed business name, if required, shall be filed with the secretary of state.
(f) For a manufacturer’s license, the name or names and addresses of each and every distributor, factory branch, and factory representative.
(g) For a salesman’s license, certification by the dealer by whom the salesman will be employed, that he has examined the background of the applicant, and to the best of the dealer’s knowledge, is qualified to be licensed under the sponsorship of the licensed dealer.
(h) Before a dealer who is not exempted from the continuing education requirements as provided in section 49-1637(2), Idaho Code, may apply for a renewal of a vehicle dealer’s license, he shall provide to the department a certification from an accredited educational system, private vocational school, correspondence school or trade association approved by the department stating that the vehicle dealer has satisfied the four (4) hour continuing education requirements as specified in section 49-1637(1), Idaho Code.
(i) Before any vehicle dealer’s license is issued by the department to an applicant who is not licensed with the department as a dealer within the previous twelve (12) calendar months and who is not exempted from the continuing education requirements as provided in section 49-1637(2), Idaho Code, the applicant shall provide to the department a certification from an accredited educational institution, private vocational school, correspondence school or trade association approved by the department stating that the applicant has satisfactorily completed the prelicensing class or program requirements, including a written examination of material presented, specified in section 49-1637(1), Idaho Code.
(5) Refuse to issue any license under the provisions of this chapter if, upon investigation, the department finds that any information contained in the application is incomplete, incorrect or fictitious.
(6) Require that a dealer’s principal place of business, and other locations operated and maintained by him in conjunction with his principal place of business, have erected or posted signs or devices providing information relating to the dealer’s name, location and address of the principal place of business, and the number of the license held by the dealer.
(7) Provide for regular meetings of the dealer advisory board, to be held not less frequently than semiannually. Notices of meetings of the advisory board shall be mailed to all members not less than five (5) days prior to the date on which the meeting is to be held.
(8) Inspect, prior to licensing, the principal place of business and other sites or locations as may be operated and maintained by the applicant.
(9) Seek and consider the advisory board’s recommendations and comments regarding proposed rules promulgated for the administration of the provisions of this chapter.
(10) Require the attendance of not less than one (1) or more than three (3) advisory board members at all hearings held relating to this chapter.
[49-1602, added 1988, ch. 265, sec. 375, p. 759; am. 1991, ch. 272, sec. 6, p. 695; am. 1998, ch. 392, sec. 20, p. 1225; am. 2003, ch. 98, sec. 1, p. 315; am. 2010, ch. 329, sec. 1, p. 873; am. 2017, ch. 234, sec. 1, p. 574.]
(1) There shall be a dealer advisory board to consist of eleven (11) members to assist and advise the department in the administration of the provisions of this chapter. Five (5) members shall be appointed from licensed dealers selling new vehicles, four (4) members appointed from licensed dealers selling used vehicles, one (1) member shall be appointed from licensed dealers selling new recreational vehicles and one (1) member shall be appointed to represent new and used motorcycle and ATV dealers. The governor shall appoint the board with consideration to recommendations of the board of directors of the Idaho automobile dealers association, recommendations of the board of directors of the recreational vehicle dealers association of Idaho and recommendations of the independent dealer association representing used vehicle dealers. The term of office of each member shall be three (3) years. Vacancies occurring on the board other than by expiration of the term shall be filled for the unexpired term only, and each member of the board shall serve until his successor is appointed and qualified. Members of the advisory board shall be compensated as provided by section 59-509(b), Idaho Code, and payments of compensation shall be paid from the state highway account as part of the expenses of administering the provisions of this chapter. A majority of the members of the advisory board shall constitute a quorum, the presence of which at any meeting duly called by the department shall have full and complete power to act upon and resolve in the name of the advisory board any matter, thing or question referred to it by the department, or which by reason of any provisions of this chapter, it has power to determine.
(2) The advisory board on the first day of each July, or as soon thereafter as practicable, shall elect a chairman, vice-chairman and secretary from among its members, who shall hold office until their successors are elected. As soon as the board has elected its officers, the secretary shall certify the results of the election to the department. The chairman shall preside at all meetings of the advisory board and the secretary shall make a record of their proceedings. All members of the advisory board shall be entitled to vote on any question, matter, or thing which properly comes before it.
[49-1603, added 1988, ch. 265, sec. 381, p. 766; am. 1989, ch. 310, sec. 27, p. 799; am. 1991, ch. 272, sec. 7, p. 697; am. 1996, ch. 135, sec. 1, p. 460; am. 2010, ch. 221, sec. 1, p. 494; am. 2013, ch. 136, sec. 1, p. 317.]
Copies of all records and papers in the office of the director, authenticated under the hand and seal of the director, shall be received in evidence in all cases equally and with like effect as the original.
[49-1604, added 1988, ch. 265, sec. 377, p. 762.]
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.
[49-1605, added 1988, ch. 265, sec. 378, p. 763.]
Licenses issued under the provisions of this chapter shall be as follows:
(1) A dealer’s license shall permit the licensee to engage in the business of selling or exchanging new and used vehicles, new and used motorcycles, motor-driven cycles and motorbikes, new and used all-terrain vehicles, utility type vehicles, snow machines and travel trailers, truck campers, and new and used motor homes. This form of license shall permit licensees who are owners or part owners of the business of the licensee to act as vehicle salesmen.
(2) A vehicle salesman’s license shall permit the licensee to engage in the activities of a vehicle salesman.
(3) A wholesale dealer’s license shall permit the licensee to engage in the business of wholesaling used vehicles to Idaho vehicle dealers. The holder of this license must meet all the requirements for a principal place of business, except for the requirement of display area and adequate room to repair vehicles.
(4) A vehicle manufacturer’s license shall permit the licensee to engage in the business of constructing or assembling vehicles, of the type subject to registration under this title at an established place of business within Idaho.
(5) A distributor, factory branch, or distributor branch license shall permit the licensee to engage in the business of selling and distributing vehicles, parts, and accessories to their franchised dealers.
(6) A representative (factory branch or distributor, etc.) license shall permit the licensee to engage in the business of contacting his respective authorized dealers, for the purpose of making or promoting the sale of his, its, or their vehicles, parts, and accessories.
(7) Pending the satisfaction of the department that the applicant has met the requirements for licensure, it may issue a temporary permit to any applicant for a license. A temporary permit shall not exceed a period of ninety (90) days while the department is completing its investigation and determination of facts relative to the qualifications of the applicant for a license. A temporary permit shall terminate when the applicant’s license has been issued or refused.
(8) The department may issue a probationary vehicle salesman’s license, subject to conditions to be observed in the exercise of the privilege granted either upon application for issuance of a license or upon application for renewal of a license. The conditions to be attached to the exercise of the privilege shall not appear on the face of the license but shall, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department.
(9) A nonresident dealer who is currently authorized to do business as, and has an established place of business as a vehicle dealer in another state, is not subject to licensure under the provisions of this chapter as long as the sales are limited to the exportation of vehicles for sale to, and the importation of vehicles purchased from, licensed Idaho vehicle dealers.
[49-1606, added 1988, ch. 265, sec. 379, p. 763; am. 1991, ch. 272, sec. 8, p. 697; am. 2008, ch. 106, sec. 4, p. 300; am. 2008, ch. 198, sec. 7, p. 642.]
(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.
[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.]
(1) Before any dealer’s license shall be issued by the department to any applicant, the applicant shall procure and file with the department good and sufficient bond in the amount shown, conditioned that the applicant shall not practice any fraud, make any fraudulent representation or violate any of the provisions of this chapter, rules of the department, or the provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, Idaho Code, or federal motor vehicle safety standards, or odometer fraud in the conduct of the business for which he is licensed.
(a) A dealer exclusively in the business of motorcycle, motor-driven cycle and motorbike sales, all-terrain vehicles, utility type vehicles, truck campers and snow machine sales, ten thousand dollars ($10,000).
(b) Any wholesale dealer in the business of wholesaling used vehicles of all types, forty thousand dollars ($40,000). Such wholesale dealer licensees shall be exempt from participating in the Idaho consumer asset recovery fund as provided in sections 49-1608B through 49-1608F, Idaho Code.
(c) All other dealers, twenty thousand dollars ($20,000).
(2) The bond required in this section may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of the amounts set forth in this section. The bond shall be in the following form:
(a) A corporate surety bond, by a surety licensed to do business in this state; or
(b) A certificate of deposit, in a form prescribed by the director; or
(c) A cash deposit with the director.
(3) If a bond is canceled or otherwise becomes invalid, upon receiving notice of the cancellation or invalidity, the department shall immediately suspend the dealer’s license and take possession of the license itself, all vehicle plates used in the business and all unused title applications of the licensee. The licensee is entitled to a hearing which shall be held within twenty (20) days of the suspension. Upon receiving notice that a valid bond is in force, the department shall immediately reinstate the license.
(4) The bond requirements of this section shall be satisfied if the applicant is a duly licensed manufactured home dealer in accordance with chapter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho Code, otherwise meets the requirements of this section. The amount of the bond shall be in the amount as required in this section or that required in section 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a certified copy of the bond as required in section 44-2103, Idaho Code, to the department.
[(49-1608) 49-2409, added 1978, ch. 243, sec. 5, p. 530; am. 1979, ch. 187, sec. 2, p. 548; am. 1982, ch. 95, sec. 112, p. 257; am. 1985, ch. 117, sec. 11, p. 260; am. 1987, ch. 109, sec. 1, p. 221; am. 1988, ch. 140, sec. 1, p. 253; am. and redesig. 1988, ch. 265, sec. 381, p. 766; am. 1989, ch. 310, sec. 28, p. 800; am. 1990, ch. 152, sec. 1, p. 337; am. 1991, ch. 272, sec. 10, p. 699; am. 2006, ch. 42, sec. 7, p. 129; am. 2008, ch. 106, sec. 5, p. 301; am. 2008, ch. 198, sec. 8, p. 643; am. 2015, ch. 53, sec. 1, p. 125.]
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.
[49-1608A, added 2006, ch. 208, sec. 1, p. 637.]
(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.
[49-1608B, added 2013, ch. 136, sec. 2, p. 318.]
(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.
[49-1608C, added 2013, ch. 136, sec. 3, p. 319.]
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.
[49-1608D, added 2013, ch. 136, sec. 4, p. 319.]
(1) Except as otherwise provided in this section, whenever an Idaho resident or a person who was an Idaho resident at the time of purchase 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.
(2) Verified claims filed pursuant to subsection (1) of this section shall be subject to the following conditions:
(a) 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.
(b) The board shall not consider claims submitted by motor vehicle dealers, financial institutions or institutions providing floorplans for motor vehicle dealers.
(3) For a person to be eligible to receive any payment from the fund, such person must be an Idaho resident or an Idaho resident at the time of the purchase of the motor vehicle. 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.
[49-1608E, added 2013, ch. 136, sec. 5, p. 319; am. 2026, ch. 47, sec. 1, p. 227.]
(1) The maximum claim of one (1) judgment creditor against the fund, based on an unpaid certified judgment arising out of any loss or damage by reason of a claim submitted pursuant to section 49-1608E, Idaho Code, involving a single transaction, shall be limited to fifty thousand dollars ($50,000), regardless of the amount of the unpaid certified final judgment of one (1) judgment creditor.
(2) The aggregate of claims against the fund based on unpaid final judgments arising out of any loss or damage by reason of a claim submitted pursuant to section 49-1608E, Idaho Code, involving more than one (1) transaction shall be limited to one hundred twenty thousand dollars ($120,000) per licensee, regardless of the total amounts of the unpaid certified judgments of judgment creditors.
(3) If a claim has been made against the fund, and the board has reason to believe that there may be additional claims against the fund from other transactions involving the same licensee, the board may withhold any payment from the fund involving the licensee for a period not to exceed the end of the relevant license period. After this period, if the aggregate of claims against the licensee exceeds one hundred twenty thousand dollars ($120,000), a total of one hundred twenty thousand dollars ($120,000) shall be prorated among the claimants and paid from the fund in proportion to the amounts of their unpaid certified judgments against the licensee.
(4) (a) Claims against motor vehicle dealers or their salespersons participating in the Idaho consumer asset recovery fund pursuant to section 49-1608E, Idaho Code, shall be prorated when the aggregate exceeds one hundred twenty thousand dollars ($120,000) against one (1) dealer.
(b) Claims shall be prorated only after the dealer’s twenty thousand dollar ($20,000) bond has been exhausted and utilized first. Such additional claims shall be prorated when the aggregate exceeds one hundred thousand dollars ($100,000) against one (1) dealer.
(5) Upon receipt of a certified judgment filed in support of a claim against the fund, the board shall send written notice to the licensee who is the subject of the unpaid judgment that a claim has been filed and that the licensee should satisfy the unpaid judgment. If the unpaid judgment is not fully satisfied within thirty (30) days following the date of the written notice by the board, the board shall make payment from the fund subject to the other limitations provided for in this act.
(6) If at any time the fund is insufficient to fully satisfy any claims or claim filed with the board and authorized by this act, the board shall pay such claim, claims or portion thereof to the claimants in the order that the claims were filed with the board.
(7) On payment by the board to a claimant from the fund, the board shall, within five (5) business days, notify the licensee in writing of the board’s payment to the claimant and request full reimbursement be made to the board within thirty (30) days of the notification. Failure to reimburse the fund in full within the specified period shall be grounds for suspension or revocation of the license pursuant to title 49, chapter 16, Idaho Code. Any person whose license is revoked shall not be eligible to apply for a license as a motor vehicle dealer or for a license as a salesperson until the person has repaid in full the amount paid from the fund on his account, plus interest to be calculated pursuant to the provisions of section 28-22-104, Idaho Code.
(8) Nothing contained in this article shall limit the authority of the department to take disciplinary action against any licensee for any violation of this chapter or any rule promulgated thereunder, nor shall full repayment of the amount paid from the fund on a licensee’s account nullify or modify the effect of any disciplinary action against that licensee for any violation.
(9) The department is authorized to promulgate reasonable rules not inconsistent with this chapter for the purpose of carrying out the provisions of this section.
[49-1608F, added 2013, ch. 136, sec. 6, p. 320.]
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.
[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.]
(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.
[49-1609A, added 2001, ch. 190, sec. 1, p. 653.]
(1) If any person shall suffer any loss or damage by reason of any fraud practiced on him or fraudulent representation made to him by a licensed dealer or one (1) of the dealer’s salesmen acting for the dealer, in his behalf or within the scope of the employment of salesman, or shall suffer any loss or damage by reason of the violation by the dealer or salesman of any of the provisions of this chapter, or chapter 5, title 49, Idaho Code, or section 49-1418, Idaho Code, or chapter 6, title 48, Idaho Code, or any applicable rule or regulation of the board, or federal odometer law or regulation, that person shall have a right of action against the dealer and his salesman.
(2) Notwithstanding the terms, provisions or conditions of any agreement or franchise, or other terms or provisions of any novation, waiver or other written instrument, any person who is or may be injured by a violation of a provision of this chapter, or any party to a franchise who is so injured in his business or property by a violation of a provision of this chapter relating to that franchise, or any person so injured because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of the provisions of this chapter, may bring an action for damages and equitable relief, including injunctive relief.
(3) A license or a renewal shall not be issued to any applicant unless and until the applicant shall file with the director a good and sufficient instrument in writing in which he shall appoint the director as the true and lawful agent of the applicant upon whom all process may be served in any action or actions which may subsequently be commenced against the applicant arising out of any claim for damages suffered by any person by reason of the violation of the applicant of any of the terms and provisions of this chapter or provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, Idaho Code, or of federal motor vehicle safety standards, or federal odometer laws and regulations. The applicant shall stipulate and agree in the appointment that any process directed to the applicant in such a case which is served upon the director, or in his absence his designee, shall be of the same legal force and effect as if served upon the applicant personally. The applicant shall further stipulate and agree in writing that the agency created by the appointment shall continue for and during the period covered by any license that may be issued and so long thereafter as the applicant may be made to answer in damages for a violation of the provisions of this chapter. The instrument appointing the director as agent for the applicant for service of process shall be acknowledged by the applicant before an officer authorized to take and certify acknowledgments under the laws of this state. In any case wherein the licensee be served with process by service upon the director, two (2) copies of the process shall be left with the director. Not later than two (2) days after the service of the process upon him, the director shall mail one (1) copy to the licensee at his principal place of business, as the same appears of record in the office of the director, postpaid, by certified mail with request for return receipt. The remaining copy shall be retained on file with the director. The licensee shall then have and be allowed thirty (30) days from and after the service within which to answer any complaint or other pleading which may be filed in the cause. For the purpose of venue where the licensee is served with process upon the director, the service shall be deemed to have been made upon the licensee in the county in which he has or last had his principal place of business.
(4) Whenever any person is awarded a final judgment in a court of competent jurisdiction in the state of Idaho for any loss or damage by reason of the violation by such dealer or salesman of any of the provisions of this chapter, chapter 5, title 49, section 49-1418, or chapter 6, title 48, Idaho Code, or any rule or regulation of the department in connection with the purchase of a vehicle, or federal motor vehicle safety standards, or in connection with the purchase of a vehicle if the loss or damage is a result of odometer tampering, or odometer fraud, the judgment creditor may file a verified claim with the corporate surety who has provided the dealer’s surety bond, or with the chairman of the dealer advisory board where the dealer has deposited with the director a cash bond or certificate of deposit.
(a) The claim shall be filed no sooner than thirty (30) days and no later than one (1) year after the judgment has become final.
(b) The claim shall:
Be accompanied by a certified copy of the judgment;
State the amount of the claim if different from the judgment amount; and
State that demand has been made upon the dealer for payment of the judgment, and the dealer has failed to pay the judgment in full within thirty (30) days.
(5) Where a dealer has satisfied the bonding requirement with cash or a certificate of deposit, the chairman shall make written notification to the dealer against whom the judgment was obtained, that a claim has been made. The dealer may, within ten (10) days from the date of receipt of the notice, submit written objections to the dealer advisory board as to why the judgment should not be satisfied from the cash deposit or certificate of deposit.
(6) Within sixty (60) days from the date the claim was filed with the dealer advisory board, if it has found the claimant complied with the provisions of subsection (4) of this section, the board shall authorize the director to satisfy the judgment from the dealer’s deposited funds in so far as he is able. Upon receipt of any payment, the claimant shall deliver a properly executed satisfaction of judgment or a partial satisfaction of judgment to the director. If additional claims have been filed prior to payment, or the chairman of the dealer advisory board has knowledge that additional claims are pending which may exceed the amount of the bond, the chairman may delay any payments until all claims are finalized. If the claims exceed the amount of the bond, the deposited funds shall be prorated among the claimants based on the amount of their judgments.
(7) A judgment against a dealer or salesman for violation of the provisions of this chapter, rules and regulations of the department, the provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, Idaho Code, the federal motor vehicle safety standards or odometer fraud, shall be grounds for revocation of the dealer and the salesman’s licenses.
(8) The Idaho transportation board is authorized to promulgate reasonable rules and regulations not inconsistent with this chapter for the purpose of carrying out the provisions of section 49-1610, Idaho Code [this section].
(9) Should a dealer’s license be revoked, voluntarily surrendered or not renewed, leaving funds on deposit with the department, those funds shall be refunded within thirty (30) days after the expiration of a five (5) year period from the date of revocation, surrender, or nonrenewal of the license unless the dealer advisory board has been notified in writing that a claim or cause of action is pending. In that case, the refund, if any, will be made upon the resolution of the claim or claims. In no case shall the dealer advisory board, the department, the state of Idaho, or any of their employees or agents be liable to any claimant for any amounts other than the funds deposited by the dealer.
[49-1610, added 1988, ch. 265, sec. 383, p. 767; am. 1989, ch. 310, sec. 29, p. 801; am. 1991, ch. 272, sec. 12, p. 700.]
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.
[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.]
(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.
[49-1612, added 1988, ch. 265, sec. 385, p. 768; am. 2006, ch. 108, sec. 1, p. 301.]
(1) It shall be unlawful for the holder of any license issued under the provisions of this chapter to:
(a) Intentionally publish or circulate any advertising that is misleading or inaccurate in any material particular or that misrepresents any of the products sold or furnished by a licensed dealer;
(b) Violate any of the provisions of this chapter or any of the applicable rules;
(c) Knowingly purchase, sell or otherwise acquire or dispose of a stolen vehicle;
(d) Violate any law respecting commerce in vehicles or any lawful rule respecting commerce in vehicles promulgated by any licensing or regulating authority now existing or hereafter created by the laws of the state;
(e) Engage in the business for which the dealer is licensed without at all times maintaining a principal place of business;
(f) Engage in a type of business respecting the selling or exchanging of vehicles for which he is not licensed;
(g) Knowingly purchase a vehicle that has an altered or removed vehicle identification number plate or alter or remove a vehicle identification number plate;
(h) Violate any provision of this title or any rules promulgated;
(i) Violate any provision of the federal motor vehicle safety standards, federal odometer laws or regulations;
(j) Display for sale, exchange, or sell any vehicle for which the vehicle dealer does not hold title or consignment agreement or other documentary evidence of his right to the possession of every vehicle in his possession; or
(k) Issue more than one (1) temporary permit per vehicle sale pursuant to the provisions set forth in section 49-504(6), Idaho Code.
(2) It shall be unlawful for any manufacturer or distributor licensed under this chapter to require, attempt to require, coerce, or attempt to coerce, any new vehicle dealer in this state to:
(a) Order or accept delivery of any new vehicle, part or accessory, equipment or any other commodity not required by law that shall not have been voluntarily ordered by the new vehicle dealer. This paragraph is not intended to modify or supersede any terms or provisions of a franchise requiring dealers to market a representative line of vehicles that the manufacturer or distributor is publicly advertising.
(b) Order or accept delivery of any new vehicle with special features, accessories or equipment not included in the list price of such vehicles as publicly advertised by the manufacturer or distributor.
(c) Participate monetarily in an advertising campaign or contest, or to purchase any promotional materials, training materials, showroom or other display decorations or materials at the expense of the dealer.
(d) Enter into any agreement with the manufacturer or distributor or to do any other act prejudicial to the dealer by threatening to terminate or cancel a franchise or any contractual agreement existing between the dealer and the manufacturer or distributor. This paragraph is not intended to preclude the manufacturer or distributor from insisting on compliance with reasonable terms or provisions of the franchise or other contractual agreement, and notice in good faith to any dealer of the dealer’s violation of those terms or provisions shall not constitute a violation of the provisions of this chapter.
(e) Change the capital structure of the dealer or the means by or through which the dealer finances the operation of the dealership, provided that the dealer at all times meets any reasonable capital standards determined by the manufacturer or distributor in accordance with uniformly applied criteria. No change in the capital structure shall cause a change in the principal management or have the effect of a sale of the franchise without the consent of the manufacturer or distributor. Consent shall not be unreasonably withheld.
(f) Refrain from participation in the management of, investment in, or the acquisition of any other line of new vehicle or related products. This paragraph does not apply unless the dealer maintains a reasonable line of credit for each make or line of new vehicle, and the dealer remains in compliance with any reasonable facilities requirements of the manufacturer or distributor, and no change is made in the principal management of the dealership.
(g) Prospectively assent to a release, assignment, novation, waiver or estoppel that would relieve any person from liability to be imposed by this chapter or to require any controversy between a dealer and a manufacturer, distributor, or representatives, to be referred to any person other than the duly constituted courts of the state or the United States, or to the director, if that referral would be binding upon the dealer.
(h) Either establish or maintain exclusive facilities, personnel, or display space.
(i) Expand facilities without a written guarantee of a sufficient supply of new vehicles so as to justify an expansion, in light of the market and economic conditions.
(j) Make significant modifications to an existing dealership or to construct a new vehicle dealership facility without providing a written guarantee of a sufficient supply of new vehicles so as to justify modification or construction, in light of the market and economic conditions.
(3) It shall be unlawful for any manufacturer or distributor licensed under this chapter to:
(a) Delay, refuse, or fail to deliver new vehicles or new vehicle parts or accessories in a reasonable time, and in reasonable quantity, relative to the dealer’s facilities and sales potential in the dealer’s relevant market area, after acceptance of an order from a dealer having a franchise for the retail sale of any new vehicle sold or distributed by the manufacturer or distributor, any new vehicle, parts or accessories to new vehicles as are covered by the franchise, if the vehicle, parts, or accessories are publicly advertised as being available for delivery or actually being delivered. These provisions are not violated, however, if failure is caused by acts or causes beyond the control of the manufacturer or distributor.
(b) Refuse to disclose to any dealer handling the same line, the manner and mode of distribution of that line within this state.
(c) Obtain money, goods, service, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and other person, other than for compensation for services rendered, unless the benefit is promptly accounted for and transmitted to the dealer.
(d) Increase prices of new vehicles that the dealer had ordered for consumers prior to the dealer’s receipt of the written official price increase notification. A sales contract signed by a consumer shall constitute evidence of each such order, provided that the vehicle is in fact delivered to that customer. In the event of manufacturer or distributor price reductions or cash rebates paid to the dealer, the amount of any reduction or rebate received by a dealer shall be passed on to the private retail consumer by the dealer. Price reductions shall apply to all vehicles in the dealer’s inventory that were subject to the price reduction. Price differences applicable to new model or series shall not be considered a price increase or price decrease. Price changes caused by the addition to a vehicle of required or optional equipment, or revaluation of the United States dollar, in the case of foreign-make vehicles or components, or an increase in transportation charges due to increased rates imposed by a carrier, shall not be subject to the provisions of this subsection.
(e) Release to any outside party, except under subpoena or as otherwise required by law or in an administrative, judicial or arbitration proceeding involving the manufacturer or distributor or dealer, any business, financial, or personal information which may be provided from time to time by the dealer to the manufacturer or distributor without the express written consent of the dealer.
(f) Deny any dealer the right of free association with any other dealer for any lawful purpose.
(g) Compete with their franchised dealers in this state in the sale, lease, or warranty service of new motor vehicles to retail consumers. However, nothing in this section shall limit or apply to a manufacturer’s or a distributor’s fleet sales or leases with a fleet customer that has a designation as such by the manufacturer or distributor as long as such sales or leases are conducted with the involvement of a dealer of the same line make. Nothing in this section shall limit or prohibit a manufacturer or distributor from authorizing or assisting a fleet customer that has a designation as such by the manufacturer or distributor to perform warranty service on vehicles owned or operated by such fleet customer. It is not a violation of this paragraph for a manufacturer or distributor, or an affiliate of a manufacturer or distributor, to directly provide an update to or repair of motor vehicle software if such update or repair is provided over-the-air at no cost or when creating a new line of motor vehicles and using franchised dealers to sell and service those vehicles. A manufacturer or distributor may operate a dealership for a reasonable period not to exceed one (1) year without violating this paragraph if such dealership is for sale to any qualified independent person at a fair and reasonable price, or in a relationship in which an independent person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of that dealership on reasonable terms and conditions. Upon a showing of good cause by the manufacturer or distributor to the department, the period of temporary ownership may be extended up to one (1) additional year, resulting in a maximum temporary ownership period of two (2) years.
(h) Unfairly discriminate among its dealers with respect to warranty reimbursement.
(i) Unreasonably withhold consent to the sale, transfer, or exchange of the franchise to a qualified buyer capable of being licensed as a dealer in this state or to condition the sale, transfer, or exchange of a franchise agreement upon site control or an agreement to renovate or make improvements to a facility, unless required by the technology of a motor vehicle being sold at the facility. Provided however, that a voluntary acceptance of such conditions by the dealer in writing including but not limited to a written agreement for which the dealer has accepted separate and valuable consideration, shall not constitute a violation.
(j) Fail to respond in writing to a request for consent as specified in paragraph (i) of this subsection within sixty (60) days of receipt of a written request on the forms, if any, generally utilized by the manufacturer or distributor for those purposes and containing the required information. Failure to respond shall be deemed to be consent to the request.
(k) Prevent or attempt to prevent, by contract or otherwise, any dealer from changing the executive management control of the dealership unless the manufacturer or distributor, having the burden of proof, can show that the change of executive management will result in executive management or control by a person or persons who are not of good moral character or who do not meet reasonable, preexisting and, with consideration given to the volume of sales and service of the dealership, uniformly applied minimum business experience standards. Where the manufacturer or distributor rejects a proposed change in executive management control, the manufacturer or distributor shall give written notice of his reasons to the dealer within sixty (60) days of notice to the manufacturer or distributor by the dealer of the proposed change; otherwise, the change in the executive management of the dealership shall be presumptively considered approved.
(l) Terminate, cancel or fail to renew any franchise solely because of the death or incapacity of an owner who is not listed in the franchise as one on whose expertise and abilities the manufacturer or distributor relied in the granting of the franchise.
(m) Prevent or attempt to prevent the dealer, by written instrument or otherwise, from either receiving the fair market value of the dealership in a sale transaction or from transferring the dealership to a spouse or legal heir, as specified in this chapter.
(n) Engage in any predatory practice or discrimination against any dealer.
(o) Resort to or to use any false or misleading advertisement in the conducting of his business as a manufacturer or distributor in this state.
(p) Make any false or misleading statement, either directly or through any agent or employee, in order to induce any dealer to enter into any agreement or franchise or to take any action that is prejudicial to that dealer or his business.
(q) Require or coerce dealers to participate in local or national advertising campaigns or contests or to require or coerce dealers to purchase promotional or display materials.
(r) Charge back, deny motor vehicle allocation, withhold payments, or take other actions against a dealer, or to condition a franchise agreement, or renewal of a franchise agreement, or to condition sales, service, parts, or finance incentives upon site control or an agreement to renovate or make improvements to a facility unless required by the technology of a motor vehicle being sold at the facility. Provided however, that a voluntary acceptance of such conditions by the dealer in writing including but not limited to a written agreement for which the dealer has accepted separate and valuable consideration, shall not constitute a violation.
(s) Charge back, deny motor vehicle allocation, withhold payments, or take other actions against a motor vehicle dealer if a motor vehicle sold by the motor vehicle dealer is exported from Idaho or the dealer’s assigned area of responsibility unless the manufacturer, distributor, or manufacturer representative proves that the motor vehicle dealer knew or reasonably should have known a motor vehicle was intended to be exported, which shall operate as a rebuttable presumption that the motor vehicle dealer did not have such knowledge. This paragraph does not apply if exporting of motor vehicles outside of the state of Idaho is provided for by the manufacturer or distributor.
(t) Withhold or threaten to withhold consent or approval of the sale, transfer, exchange, or issuance of a dealer sales and service agreement to an otherwise qualified buyer capable of being licensed as a dealer in this state or to condition approval of such buyer upon the selling dealer executing a release of all claims or similar instrument releasing or waiving any and all claims the selling dealer has or may have arising from the franchise relationship with the manufacturer unless separate material consideration is paid contemporaneously by the manufacturer to the dealer for such release. Nothing in this section shall preclude the application of a manufacturer’s reasonable and uniform standards and policies.
(4) It is unlawful for any manufacturer or distributor or any officer, agent or representative to coerce, or attempt to coerce, any dealer in this state to offer to sell or sell any extended service contract or extended maintenance plan that is offered, sold, backed by or sponsored by the manufacturer or distributor or to sell, assign or transfer any retail installment sales contract, obtained by the dealer in connection with the sale by him in this state of new vehicles, manufactured or sold by the manufacturer or distributor, to a specified finance company or class of such companies, or to any other specified person, by any of the acts or means set forth, namely by:
(a) Any statement, suggestion, promise or threat that the manufacturer or distributor will, in any manner, benefit or injure the dealer, whether the statement, suggestion, threat or promise is express or implied or made directly or indirectly;
(b) Any act that will benefit or injure the dealer;
(c) Any contract, or any express or implied offer of contract, made directly or indirectly to a dealer for handling new vehicles, on the condition that the dealer shall offer to sell or sell any extended service contract or extended maintenance plan that is offered, sold, backed by, or sponsored by the manufacturer or distributor or sell, assign or transfer his retail installment sales contract in this state to a specified finance company or class of such companies, or to any other specified person; or
(d) Any express or implied statement or representation made directly or indirectly that the dealer is under any obligation whatsoever to offer to sell or sell any extended service contract or extended maintenance plan that is offered, sold, backed by, or sponsored by the manufacturer or distributor or to sell, assign or transfer any of his retail sales contracts, in this state, on new vehicles manufactured or sold by that manufacturer or distributor to a finance company or class of companies, or other specified person, because of any relationship or affiliation between the manufacturer or distributor and a finance company or companies, or a specified person or persons.
(e) Nothing contained in this subsection shall prohibit a manufacturer or distributor from offering or providing incentive benefits or bonus programs to a retail motor vehicle dealer or prospective retail motor vehicle dealer in this state who makes the voluntary decision to offer to sell or sell any extended service contract or extended maintenance plan offered, sold, backed by or sponsored by the manufacturer or distributor to sell, assign or transfer any retail installment sale or lease by him in this state of motor vehicles manufactured or sold by the manufacturer or distributor to a specified finance company or leasing company controlled by or affiliated with the manufacturer or distributor.
Any statement, threats, promises, acts, contracts or offers of contracts, when the effect may be to lessen or eliminate competition or tend to create a monopoly, are declared unfair trade practices and unfair methods of competition, against the policy of this state, and are unlawful.
(5) It is unlawful for any manufacturer or distributor or agent or employee of a manufacturer or distributor to use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this section, and such agreement, written instrument or waiver shall be null and void.
(6) It shall be unlawful, directly or indirectly, to impose unreasonable restrictions on the dealer relative to the sale, transfer, right to renew, termination discipline, noncompetition covenants, site control (whether by sublease, collateral pledge of lease, or otherwise), right of first refusal to purchase, option to purchase, compliance with subjective standards and assertion of legal or equitable rights.
(7) The provisions of this chapter shall apply to all written franchise agreements between a manufacturer or distributor and a dealer, including the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contract, advertising contract, construction or installation contract, servicing contracts and all other agreements where the manufacturer or distributor has any direct or indirect interest.
(8)(a) It shall be unlawful for any manufacturer or distributor, whether by agreement, program, incentive provision, or provision for loss of incentive payments or other benefits, to establish or implement a franchise agreement for the sales and leasing of new motor vehicles under which the manufacturer or distributor reserves the right to:
(i) Maintain a website or other electronic or digital means of communication for the manufacturer or distributor to negotiate binding terms of sale or leasing of new motor vehicles directly with the retail buyer or lessee without the involvement of a dealer on prices or other substantive terms of sale or leasing of new vehicles;
(ii) Retain ownership of new motor vehicles until they are sold or leased to the retail buyer or lessee;
(iii) Except for the sale or lease of a vehicle to a bona fide employee or relative of such manufacturer or distributor or in connection with a replacement or buyback, or to a bona fide employee or relative of a dealer under an employee pricing or similar program, consign new motor vehicles to dealers for dealer inventory or for sale or lease to a retail buyer or lessee;
(iv) Negotiate binding terms of sale directly with retail buyers or lessees of new motor vehicles without the involvement of a dealer, provided that displaying on a website or other electronic or digital means of communication conditional prices, available financing sources, or conditional trade-in values that are not binding on a dealer shall not be considered negotiating;
(v) Enforce or seek to enforce a right in any franchise agreement for the manufacturer or distributor to unilaterally amend or modify the franchise agreement; or
(vi) Amend or modify or attempt to amend or modify any dealer sales and service agreement, including but not limited to the dealer’s relevant market area if the amendment or modification substantially and adversely affects the dealer’s rights, obligations, investment or return on investment, without giving sixty (60) days advance written notice of the proposed amendment or modification to the dealer.
(b) Nothing in this subsection shall prevent a manufacturer or distributor from:
(i) Participating in fleet sales or leasing with a fleet customer that has a designation as such by the manufacturer or distributor as long as such sales or leases are conducted with the involvement of a dealer of the same line make;
(ii) Authorizing or assisting a fleet customer that has a designation as such by the manufacturer or distributor to perform warranty service on vehicles owned or operated by such fleet customers;
(iii) Offering, providing, and applying the terms of an employee pricing or similar program with participating dealers;
(iv) Negotiating binding terms of sale relating to the sale or lease of a vehicle to a bona fide employee or relative of such manufacturer or distributor;
(v) Negotiating binding terms of sale relating to the sale or lease of a vehicle to a bona fide employee or relative of a franchised dealer under an employee pricing program or similar program;
(vi) Negotiating binding terms of sale relating to the sale or lease of a vehicle in connection with a vehicle replacement or buyback;
(vii) Purchasing from a consumer a vehicle in connection with a vehicle replacement or buyback;
(viii) Maintaining a website or other electronic or digital means of communication if the final selling or leasing price of the new vehicle is determined by eligible dealers; or
(ix) Setting or advertising a manufacturer’s suggested retail price or lease example pricing based on a manufacturer’s suggested retail price, special financing, or lease offers.
(9)(a) Within the sixty (60) day notice period provided for in subsection (8)(a)(vi) of this section, the dealer may pursue remedies under section 49-1617, Idaho Code, and file with the department and serve upon the respondent a petition to determine whether good cause exists for permitting the proposed modification. Multiple complaints pertaining to the same proposed modification may be consolidated for hearing. The proposed modification may not take effect pending the determination of any protest filed by a dealer. In making a determination of whether there is good cause for permitting a proposed modification of a dealer sales and service agreement, including but not limited to a dealer’s relevant market area, the burden of proof shall be on the manufacturer or distributor, except that the burden of proof with regard to the factor set forth in subparagraph (iii) of this paragraph shall be on the dealer. The department shall consider any relevant factor, including:
(i) The reasons for the proposed modification;
(ii) Whether the proposed modification is applied to or affects all motor vehicle dealers in a nondiscriminatory manner;
(iii) The degree to which the proposed modification will have a substantial and adverse effect on the motor vehicle dealer’s rights, investment, or return on investment; and
(iv) Whether the proposed modification is in the public interest.
(b) With respect to a proposed modification of a dealer’s relevant market area the department shall also consider:
(i) The traffic patterns between consumers and the same line-make franchised dealers of the affected manufacturer or distributor who are located within the market;
(ii) The pattern of new vehicle sales and registrations of the affected manufacturer or distributor within various portions of the relevant market area and within the market as a whole;
(iii) The growth or decline in population, density of population, and new car registrations in the market;
(iv) The presence or absence of natural geographical obstacles or boundaries;
(v) The proximity of census tracts or other geographic units used by the affected manufacturer or distributor in determining the same line-make dealers’ respective relevant market area; and
(vi) The reasonableness of the change or proposed change to the dealer’s relevant market area, considering the benefits and harm to the petitioning dealer, other same line-make dealers, and the manufacturer or distributor.
(10) It shall be unlawful for any manufacturer or distributor to implement a program or policy that coerces or requires the franchisee to install direct current fast charging stations for public access or use or any similar public-facing infrastructure relating to charging, fueling, or powering a vehicle. For purposes of this section, the term "coerce" means the use of force or threats to compel a dealer to take a specific action. "Coerce" includes threatening to withhold vehicles or parts from a franchisee or charging a franchisee a higher price for vehicles or parts on the basis of the franchisee refusing, declining, or failing to perform a specific behavior. Provided, however, that nothing contained in this subsection shall be deemed to prohibit or prevent a manufacturer or distributor from requiring a franchisee to purchase special tools or equipment, install reasonable charging infrastructure, stock reasonable quantities of certain parts, or participate in training, reasonable sales and service programs, or policies that are reasonably necessary for such franchisee to sell or service any model or series of vehicles.
[49-1613, added 1988, ch. 265, sec. 386, p. 769; am. 1991, ch. 272, sec. 14, p. 703; am. 1994, ch. 317, sec. 1, p. 1015; am. 2005, ch. 144, sec. 1, p. 451; am. 2011, ch. 327, sec. 3, p. 954; am. 2023, ch. 68, sec. 2, p. 231; am. 2024, ch. 213, sec. 2, p. 751; am. 2025, ch. 211, sec. 19, p. 985.]
(1) Notwithstanding the terms, provisions or conditions of any franchise agreement, or any waiver, a manufacturer shall not cancel, terminate or fail to renew any franchise agreement with a dealer unless the manufacturer has satisfied the notice requirement of subsection (2) of this section and has good cause for cancellation, termination or nonrenewal.
(2) Notwithstanding the terms, provisions or conditions of any franchise agreement prior to the termination, cancellation or nonrenewal of any franchise agreement, the manufacturer shall furnish notification of termination, cancellation or nonrenewal to the department and the dealer:
(a) In the manner described in subsection (3) of this section; and
(b) Not less than ninety (90) days prior to the effective date of termination, cancellation or nonrenewal; or
(c) Not less than fifteen (15) days prior to the effective date of termination, cancellation or nonrenewal with respect to any of the following:
(i) Insolvency of the dealership or filing of any petition by or against the dealership under any bankruptcy or receivership law;
(ii) Failure of the dealership to conduct its customary sales and service operations during its customary business hours for seven (7) consecutive business days, except for acts of God or circumstances beyond the direct control of the dealer;
(iii) Conviction of the dealer, or any owner or his operator, resulting in imprisonment exceeding thirty (30) days;
(iv) Revocation of any license that the dealer is required to have to operate a dealership; and
(d) Not less than one hundred eighty (180) days prior to the effective date of termination or cancellation, where the manufacturer is discontinuing the sale of the product line.
(3) Notification under this section shall be in writing, by certified mail or personally delivered to the dealer, and shall contain a statement of intention to terminate, cancel or not to renew the franchise agreement and a statement of the reasons for and the date on which termination, cancellation or nonrenewal takes effect.
(4) Notwithstanding the terms, provisions, or conditions of any franchise agreement or of any waiver, good cause for a termination, cancellation, or nonrenewal shall be determined in accordance with the standards set forth in section 49-1617(5)(a), Idaho Code, provided that the dealer has been notified in writing of the reasons for the intended termination, cancellation, or nonrenewal one hundred eighty (180) days prior to termination, cancellation, or nonrenewal. A protest may be filed in accordance with the provisions of section 49-1617, Idaho Code.
(5) Notwithstanding the terms, provisions, or conditions of any franchise agreement, the factors set forth in section 49-1617(5)(b), Idaho Code, do not constitute good cause for a termination, cancellation, or nonrenewal of a franchise agreement.
(6) The manufacturer shall have the burden of proof under this section concerning the issue of good cause, which shall include, but not be limited to, termination, nonrenewal or cancellation of any franchise agreement by the manufacturer for insolvency, license revocation, conviction of a felony, fraud by a dealer or failure by a dealer to comply with a provision of the franchise agreement, where the provision is both reasonable and of material significance to the franchise agreement relationship.
(7) Notwithstanding the terms, provisions or conditions of any franchise agreement, other written contract or agreement or any waiver, a manufacturer shall not cancel, terminate or fail to renew any franchise agreement with a dealer unless the manufacturer has satisfied the requirements of this section.
(8) Upon the termination, cancellation, or nonrenewal of any franchise agreement by the manufacturer or dealer, the manufacturer shall repurchase from the dealer any new, undamaged and unused motor vehicles of the current model year and previous model year. Any new and unused motor vehicle repurchased by the manufacturer shall be repurchased at the net cost to the dealer. Net cost means the dealer’s cost for a new, undamaged, unsold, and complete motor vehicle of the current model year or any previous model year acquired by the dealer within twelve (12) months of the date of termination and in a dealer’s inventory purchased from the manufacturer or acquired from another dealer of the same line make in the ordinary course of business:
(a) Plus any charges by the manufacturer, distributor, or representative for distribution, delivery and taxes;
(b) Plus the dealer’s cost of any manufacturer-approved accessories added on the vehicle, except only those recreational vehicle accessories that are listed in the manufacturer’s wholesale product literature as options for that vehicle shall be repurchased; and
(c) Less all allowances paid to the dealer by the manufacturer, distributor or representative.
(9)(a) Upon the termination, cancellation, or nonrenewal of any franchise agreement by the manufacturer or dealer, the manufacturer shall repurchase from the dealer the following:
(i) Any unused, undamaged, and unsold parts that have been acquired from the manufacturer, provided such parts are currently offered for sale by the manufacturer in its current parts catalog and are in salable condition. Such parts shall be repurchased by the manufacturer at the current catalog price, less any applicable discount;
(ii) Any supplies, equipment, and furnishings, including manufacturer or line make signs, required by and purchased from the manufacturer or its approved source within three (3) years of the date of termination, cancellation, or nonrenewal; and
(iii) Any special tools or other equipment purchased from the manufacturer within three (3) years of the date of termination, cancellation, or nonrenewal.
(b) Except as provided in paragraph (a)(i) of this subsection, compensation shall be the fair market value on the effective date of the termination, cancellation, or nonrenewal.
(10) The repurchase of any item under this section shall be accomplished within ninety (90) days of the effective date of the termination, cancellation, or nonrenewal, provided the dealer has clear title to the inventory and other items or is able to convey such title to the manufacturer and does convey or transfer title and possession of the inventory and other items to the manufacturer.
(11) If the repurchase of any item under this section is subject to a security interest, the manufacturer may make payment jointly to the dealer and to the holder of the security interest.
(12) This section shall not apply to a nonrenewal or termination that is implemented as a result of the sale of the assets or stock of the motor vehicle dealer.
(13) In the event the manufacturer does not pay the dealer the amounts due under this section and a court of competent jurisdiction finds the manufacturer in violation of this section, the manufacturer shall, in addition to any amounts due, pay the dealer:
(a) Interest on the amount due computed at the rate applicable to a judgment of a court; and
(b) Reasonable attorney’s fees and costs.
(14) Within ninety (90) days of the termination, cancellation, or nonrenewal of any franchise agreement by the manufacturer for the failure of a dealer to meet sales and service performance obligations or due to elimination, cessation or termination of a line make, the manufacturer shall commence to reimburse the dealer for one (1) year of the dealer’s cost to rent or lease the dealership’s facility or location or for the unexpired term of the lease or rental period, whichever is less, or, if the dealer owns the facility or location, for the equivalent of one (1) year of the reasonable rental value of the facilities or location as determined by an Idaho licensed commercial real estate appraiser. If more than one (1) franchise agreement is being terminated, canceled, or not renewed, the reimbursement shall be prorated equally among the different manufacturers. However, if a franchise agreement is terminated, canceled, or not renewed but the dealer continues in business at the same location under a different franchise agreement, the reimbursement required by this subsection shall not be required to be paid. In addition, any reimbursement due under this subsection shall be reduced by any amount received by the dealer by virtue of the dealer leasing, subleasing, or selling the facilities or location during the year immediately following the termination, cancellation, or nonrenewal.
(15) All procedures and protections afforded to a motor vehicle dealer under this section shall be available to a recreational vehicle dealer. However, the remedies afforded under this section shall only apply to recreational vehicle dealers where the manufacturer of recreational vehicles as defined in section 49-119, Idaho Code, terminates or fails to renew any franchise agreement without good cause.
[49-1614, added 1988, ch. 265, sec. 387, p. 774; am. 1997, ch. 312, sec. 1, p. 923; am. 2009, ch. 153, sec. 1, p. 445; am. 2023, ch. 122, sec. 1, p. 347.]
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.
[49-1615, added 1988, ch. 265, sec. 388, p. 777.]
(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.
[49-1616, added 1988, ch. 265, sec. 389, p. 778; am. 2000, ch. 184, sec. 1, p. 454.]
(1) Within twenty (20) days of the completion of mediation, a dealer may file with the department to protest:
(a) The termination, cancellation, or nonrenewal of a franchise;
(b) The establishment or relocation of a dealership;
(c) A refusal to honor the appointment of a designated family member pursuant to section 49-1615, Idaho Code;
(d) A refusal to honor a proposed modification of a dealer sales and service agreement; or
(e) For the resolution of any other dispute between a manufacturer or distributor and a new vehicle dealer alleged to arise from a violation of Idaho law.
(2) When a protest is filed, the department shall inform the manufacturer or distributor that a timely protest has been filed and the manufacturer or distributor shall have twenty (20) days to respond to the protest.
(3) All costs of the department, including the cost of the hearing officer and the cost of preparing the record, shall be apportioned by the hearing officer. The hearing officer may in his discretion award costs to the prevailing party. A dealer suffering pecuniary loss because of a violation of this chapter, upon prevailing in a protest action for such violation, shall be entitled to costs and reasonable attorney’s fees to be determined by the hearing officer. In the event of a willful violation, a dealer shall be entitled to damages equal to three (3) times the pecuniary loss suffered to be awarded by the hearing officer or by the court.
(4) The office of administrative hearings shall appoint a hearing officer to preside over and conduct the protest as a contested case hearing under the provisions of chapter 52, title 67, Idaho Code. In such a hearing:
(a) The manufacturer or distributor has the burden of proof to establish good cause as provided in subsection (5) of this section. This shall include but not be limited to termination, cancellation, or nonrenewal of any franchise agreement by the manufacturer or distributor for insolvency, license revocation, conviction of a felony, fraud by a dealer, or failure by a dealer to comply with a provision of the franchise agreement where the provision is both reasonable and of material significance to the franchise agreement relationship.
(b) The rules of evidence for a protest hearing are the same as those found in chapter 52, title 67, Idaho Code.
(c) The hearing officer may issue subpoenas, administer oaths, and compel the attendance of witnesses and production of books, papers, documents, and all other evidence and may apply to the district court of the county in which the hearing is held for a court order enforcing this section.
(d) The hearing shall be conducted pursuant to chapter 52, title 67, Idaho Code.
(e) A transcript of the testimony of each witness taken at the hearing must be made and preserved.
(f) Within sixty (60) days after the hearing, the hearing officer shall issue a preliminary order pursuant to section 67-5245, Idaho Code. The preliminary order shall be deemed a final order upon issuance.
(g) Any party to a hearing before the department may appeal pursuant to the applicable provisions of chapter 52, title 67, Idaho Code.
(h) The manufacturer or distributor shall not terminate a dealership, establish a new dealership, relocate a dealership, discontinue an existing franchise, or take any other proposed action described in this chapter until a final decision has been rendered and all appellate remedies available to the dealer have been exhausted. The manufacturer or distributor and the dealer shall abide by the terms of the franchise agreement and Idaho law during the appeals process.
(5)(a) In determining whether good cause has been established for terminating or not continuing a franchise agreement, all existing circumstances shall be taken into account, including but not limited to:
(i) The dealer’s sales in relation to the Idaho market that are essential, reasonable, and not discriminatory and that take into account the dealer’s local market variations beyond adjusting for the local popularity of general vehicle types and whether the manufacturer or distributor has supplied the dealer with new vehicles or new vehicle parts or accessories in a reasonable time and in sufficient quantity to permit the dealer to meet the manufacturer’s or distributor’s minimum sales requirements;
(ii) Investment necessarily made and obligations incurred by the dealer in the performance of the dealer’s part of the franchise;
(iii) The permanency of the investment;
(iv) Whether it is injurious to the public welfare for the business of the dealer to be discontinued;
(v) Whether the dealer has adequate new motor vehicle facilities, equipment, parts, and qualified management, sales, and service personnel to reasonably provide consumer care for the new motor vehicles sold at retail by the dealer and any other new motor vehicle of the same line make;
(vi) Whether the dealer refuses to honor warranties of the manufacturer or distributor to be performed by the dealer if the manufacturer or distributor reimburses the dealer for warranty work performed by the dealer pursuant to this section; and
(vii) Actions by the dealer, which shall include but not be limited to: insolvency, license revocation, conviction of a felony, or fraud by a dealer that result in a material breach of the written and uniformly applied requirements of the franchise agreement that are reasonable and material.
(b) Notwithstanding the terms, provisions, or conditions of the franchise agreement, the following do not constitute good cause for the termination or noncontinuance of a franchise:
(i) A change in ownership arising from the retirement, death, or incapacity of an owner who is not listed in the franchise as one on whose expertise and abilities the manufacturer or distributor relied in the granting of the franchise;
(ii) The fact that the dealer:
Owns, has an investment in, participates in the management of, or holds a franchise agreement for the sale or service of another make or line of motor vehicles; or
Has established another make or line of new motor vehicles or service in the same dealership facilities as those of the manufacturer or distributor that existed prior to January 1, 1997, or is approved in writing by the manufacturer or distributor;
(iii) The fact that the dealer refused to order, purchase, or accept delivery of a new motor vehicle, part, accessory, or any other commodity or service not ordered by the dealer or refused to order, purchase, or accept delivery of any new vehicle with special features, accessories, or equipment not included in the list price of such vehicles as publicly advertised by the manufacturer or distributor;
(iv) The failure of a dealer to:
Establish or maintain exclusive facilities, personnel, or display space;
Expand facilities without a written guarantee of a sufficient supply of new vehicles so as to justify an expansion, in light of the market and economic conditions;
Make significant modifications to an existing dealership or to construct a new vehicle dealership facility without providing a written guarantee of a sufficient supply of new vehicles so as to justify modification or construction, in light of the market and economic conditions; or
(v) The desire of a manufacturer or distributor or a manufacturer’s or distributor’s representative for greater market penetration or to alter the number of the manufacturer’s or distributor’s or manufacturer’s or distributor’s representative’s franchises or dealer locations.
(c) In making a determination of whether there is good cause for permitting a proposed modification of a dealer sales and service agreement or a dealer’s relevant market area, the burden of proof shall be on the manufacturer or distributor, except that the burden of proof with regard to the factors set forth in this subsection shall be on the dealer, and the department shall consider any relevant factors, including:
(i) The reasons for the proposed modification;
(ii) Whether the proposed modification is applied to or affects all motor vehicle dealers in a nondiscriminatory manner;
(iii) The degree to which the proposed modification will have a substantial and adverse effect upon the motor vehicle dealer’s rights, investment, or return on investment;
(iv) Whether the proposed modification is in the public interest;
(v) The traffic patterns between consumers and the same line make franchised dealers of the affected manufacturer, distributor, or factory branch who are located within the market;
(vi) The pattern of new vehicle sales and registrations of the affected manufacturer, distributor, or factory branch within various portions of the area of sales effectiveness and within the market as a whole;
(vii) The growth or decline in population, density of population, and new car registrations in the market;
(viii) The presence or absence of natural geographical obstacles or boundaries, such as rivers;
(ix) The proximity of census tracts or other geographic units used by the affected manufacturer or distributor in determining the same line make dealer’s respective relevant market area; and
(x) The reasonableness of the change or proposed change to the dealer’s area of sales effectiveness, considering the benefits and harm to the petitioning dealer, other same line make dealers, and the manufacturer, distributor, or factory branch.
(d) In determining whether good cause exists for a refusal to accept a dealer successor appointed pursuant to section 49-1615, Idaho Code, the manufacturer or distributor has the burden of proving that the appointed successor is not of good moral character or does not meet the manufacturer’s or distributor’s existing, reasonable, and uniformly applied standards and, considering the volume of sales and service of the dealership, uniformly applied minimum business experience standards in the consumer consumption channel.
(e) In determining whether good cause was established for not entering into an agreement or relocating an additional franchise for the same line make, the department shall take into consideration the existing circumstances within the existing franchise’s relevant market area, including:
(i) Permanency of the investment of both the existing and proposed franchises;
(ii) Investment necessarily made and obligations incurred by other existing franchisees of the same line make in that relevant market area in the performance of their part of their franchise agreements and the date of such investment made and obligations incurred by such franchisees in relation to the date of appointment of the additional franchisee;
(iii) Growth or decline in population and new car registrations in the consumer consumption area and whether the population and demographic characteristics of that relevant market area have changed since appointment of the other existing franchisees sufficiently to support the economic viability of both the other existing franchisees and the additional franchisee;
(iv) Effect on the consuming public in the relevant market area and whether the other existing franchisees of the same line make in that relevant market area are substantially compliant with reasonable manufacturer or distributor requirements in providing adequate consumer care, including satisfactory new vehicle dealer sales and service facilities, special and essential tools and equipment, replacement parts supply, and qualified management, sales, and service personnel, for the new motor vehicle products of the line make and whether sufficient qualified management, sales, and trained service personnel to satisfy the reasonable requirements of the manufacturer or distributor for the other existing franchisees and the additional franchisee are available in that relevant market area;
(v) Whether it is injurious or beneficial to the public welfare for an additional franchise to be established;
(vi) Whether the franchises for the same line make in that relevant consumption area are providing adequate competition and convenient customer care for the vehicles of the line make in the market area, which shall include the adequacy of vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified service personnel;
(vii) Whether the establishment of an additional franchise would increase competition and be in the public interest; and
(viii) Whether the manufacturer’s or distributor’s action is in good faith.
[49-1617, added 2023, ch. 122, sec. 3, p. 350.]
(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.
[49-1617A, added 2023, ch. 122, sec. 4, p. 354.]
(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.
[49-1617B, added 2023, ch. 122, sec. 5, p. 355.]
(1) Before the department shall refuse to issue to any applicant a license provided for in this chapter, and before revoking or suspending any license, it shall give the applicant or licensee written notice of the action which the department contemplates taking with respect to the application or license, which shall provide that on or before a day certain, not less than twenty (20) days from the date on which written notice shall be served, the applicant or licensee shall show cause, if any, in writing duly verified and filed with the department, why the contemplated action should not be taken. Upon receipt of the written showing, the department shall fix a day certain, not less than fifteen (15) days nor more than thirty (30) days from the date on which it received the showing, when it will hear evidence and argument in support of it. Written notice of the date and place of hearing shall be given to the applicant or licensee, not less than ten (10) days prior to the date fixed for hearing. All hearings shall be held in Ada County, Idaho. A record or tape or other recording device of all proceedings had at the hearing shall be made and preserved, pending final disposition of the matter.
(2) Notice to the applicant or licensee that the department contemplates refusing to issue the license applied for or contemplates revoking or suspending a license duly issued by it, shall have attached to it a complete statement of the facts upon which the department bases its contemplated action. In any proceeding under this section, the department shall have the burden of proving that the applicant is not qualified, or that the licensee has violated a provision of this chapter or a rule or regulation of the department.
(3) The notices provided to be given to an applicant or a licensee shall be served by the department or its employees delivering the notice to the applicant or licensee personally, or by the department mailing the notice by certified mail to:
(a) The applicant for a license at the residence address given in his application for license;
(b) A licensed dealer or at the last known address of the principal place of business of the dealer; and
(c) A licensed salesman at his last known residence address.
(4) The date on which the notice shall be considered to have been served for purposes of computing time shall be the date on which the notice is delivered to the applicant or licensee personally, or the date on which the notice is mailed.
(5) The director or his designee shall preside at all hearings and the department shall request the attendance of the advisory board at hearings. At the conclusion of the hearing, the hearing officer shall make written findings of fact and recommendations to the director. The findings of fact shall be conclusive unless clearly erroneous and unsupported by the record. The director shall issue a written order which shall be the final administrative action of the department.
(6) If a dealer’s license is suspended as a result of an order of the director, the department shall conspicuously post two (2) notices of such suspension at each licensed location. The notices shall remain posted for the duration of the suspension and removal of the notice prior to that time shall be deemed a violation of the provisions of this chapter.
[49-1618, added 1988, ch. 265, sec. 391, p. 780; am. 1991, ch. 272, sec. 15, p. 708.]
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.
[49-1619, added 1988, ch. 265, sec. 392, p. 782.]
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.
[49-1620, added 1988, ch. 265, sec. 393, p. 782.]
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.
[49-1621, added 1988, ch. 265, sec. 394, p. 782; am. 1993, ch. 216, sec. 49, p. 635.]
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.
[49-1622, added 1988, ch. 265, sec. 395, p. 783.]
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.
[49-1623, added 1988, ch. 265, sec. 396, p. 783.]
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.
[49-1624, added 1988, ch. 265, sec. 397, p. 783.]
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.
[49-1625, added 1988, ch. 265, sec. 398, p. 783.]
(1) Each manufacturer or distributor shall specify in writing to each of its dealers licensed in this state, the dealer’s obligations for predelivery preparation and warranty service on its products, compensate the dealer for service required of the dealer by the manufacturer or distributor, provide the dealer a schedule of compensation to be paid the dealer for parts, work and service in connection with its products, and the time allowance for the performance of that work and service.
(2) In no event shall a schedule of compensation fail to include reasonable compensation for diagnostic work, as well as repair service and labor. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed.
(3) It is unlawful for a new vehicle manufacturer or distributor to fail to perform any warranty obligations or to fail to include in written notices of factory recalls to new vehicle owners and dealers, the expected date by which necessary parts and equipment will be available to dealers for the correction of those defects, or to fail to compensate any of the dealers in this state for repairs affected by recall.
(4) A vehicle dealer may submit a warranty claim to a manufacturer or distributor if a warranty defect is identified and documented prior to the expiration of a manufacturer’s or distributor’s warranty:
(a) While a franchise agreement is in effect; or
(b) After the termination of a franchise agreement if the claim is for work performed while the franchise agreement was in effect.
(5) All claims made by dealers pursuant to this section for labor and parts shall be paid within thirty (30) days following their approval. All claims shall be either approved or disapproved within thirty (30) days after their receipt, on forms and in the manner specified by the manufacturer or distributor, and any claim not specifically disapproved in writing within thirty (30) days after receipt shall be construed to be approved and payment must follow within thirty (30) days.
(6) A dealer whose claim has been denied due to failure to comply with a specific claim processing requirement, such as a clerical error or other administrative technicality that does not put into question the legitimacy of the claim, may resubmit the corrected claim as provided for in subsection (7) of this section.
(7) A dealer shall have thirty (30) days from the date of notification by a manufacturer or distributor of a denial of a claim or a charge-back to the dealer to resubmit a claim for payment or compensation if the claim was denied for any of the reasons described in subsection (6) of this section, whether the charge-back was a direct or an indirect transaction, unless a longer period of time is provided for by the manufacturer or distributor.
(8) Notwithstanding the terms of a franchise agreement or other contract with a dealer and except as provided in subsection (9) of this section, after the expiration of one (1) year after the date of payment of the warranty claim, a manufacturer or distributor shall not audit the records of a motor vehicle dealer to determine compliance with the terms of a warranty claim. Provided however, that the manufacturer or distributor may audit the dealer for fraudulent claims during any period for which an action for fraud may be commenced.
(9) A manufacturer or distributor may make charge backs to a motor vehicle dealer if, after completion of an audit of the dealer’s records, the manufacturer or distributor can show, by a preponderance of the evidence, that:
(a) With respect to a warranty claim, the repair work was improperly performed in a substandard manner or was unnecessary; or
(b) The claim is unsubstantiated in accordance with the manufacturer or distributor’s requirements.
(10) Nothing in subsection (8) or (9) of this section shall prevent a manufacturer or distributor from instituting a legal action for fraud as provided for in section 5-218, Idaho Code.
(11) The schedule of compensation for warranty parts and labor shall not be less than the rates charged by the dealer for similar service to retail customers for nonwarranty parts and labor; provided that such dealer’s retail rate is not unreasonable when compared with other motor vehicle franchises from the same or competitive lines for similar merchandise or services in the geographic area in which the dealer is engaged in business.
(a) For purposes of determining the schedule of compensation paid to a dealer by the manufacturer or distributor, the following shall not be considered in determining amounts charged by the dealer to retail customers:
(i) Menu-priced parts or services;
(ii) Repairs for manufacturer or distributor special events;
(iii) Repairs covered by any insurance or service contract;
(iv) Vehicle emission or safety inspections required by federal, state or local governments;
(v) Parts sold at wholesale or repairs performed at wholesale, which shall include any sale or service to a fleet of vehicles;
(vi) Engine assemblies and transmission assemblies;
(vii) Routine maintenance not covered under any retail customer warranty including, but not necessarily limited to, maintenance involving fluids, filters and belts not provided in the course of repairs;
(viii) Nuts, bolts, fasteners and similar items that do not have an individual part number;
(ix) Tires; or
(x) Vehicle reconditioning.
(b) The dealer shall establish their schedule of compensation under the provisions of this section by submitting to the manufacturer or distributor one hundred (100) sequential customer paid service repair orders or ninety (90) days of customer paid service repair orders, whichever is less, covering repairs made no more than one hundred eighty (180) days before the submission of such customer paid service repair orders and declaring the schedule of compensation. The new schedule of compensation shall take effect within ninety (90) days after the initial submission to the manufacturer or distributor and shall be presumed to be fair and reasonable. However, within thirty (30) days following receipt of the declared schedule of compensation from the dealer, the manufacturer or distributor may make reasonable requests for additional information supporting the declared schedule of compensation. The ninety (90) day time frame in which the manufacturer or distributor shall make the schedule of compensation effective shall commence following receipt from the dealer of any reasonably requested supporting information. No manufacturer or distributor shall require a motor vehicle dealer to establish a schedule of compensation by any other methodology or require supportive information that is unduly burdensome or time consuming to provide including, but not limited to, part by part or transaction by transaction calculations. The dealer shall not request a change in the schedule of compensation more than once every twelve (12) months.
(12) It is unlawful for a manufacturer or distributor or subsidiary to own, operate or control, either directly or indirectly, a motor vehicle warranty or service facility located in this state except on an emergency or interim basis or if no qualified applicant has applied for appointment as a dealer in a market previously served by a motor vehicle dealer of that manufacturer or distributor’s line make except as provided for in section 49-1613(3)(g), Idaho Code.
(13) A manufacturer may not otherwise recover all or any portion of its costs for compensating its dealers licensed in this state for warranty parts and labor either by reduction in the amount due to the dealer or by separate charge, surcharge or other imposition; provided however, a manufacturer or distributor shall not be prohibited from increasing prices for vehicles or parts in the normal course of business.
(14) All procedures and protections afforded to a motor vehicle dealer under the provisions of this section shall be available to a recreational vehicle dealer. However, the schedule of compensation afforded under subsection (11) of this section shall not apply to compensation for parts, systems, fixtures, appliances, furnishings, accessories and features of a recreational vehicle that are designed, used and maintained primarily for nonvehicular residential purposes.
[49-1626, added 1988, ch. 265, sec. 399, p. 784; am. 1997, ch. 312, sec. 2, p. 925; am. 2011, ch. 327, sec. 4, p. 959.]
(1) Any dealer or manufacturer license plate issued may, during the calendar year for which issued, be transferred from one (1) vehicle to another owned or operated by such manufacturer or dealer, in pursuance of his business as a manufacturer or dealer.
(2) Dealer plates shall not be used on vehicles under the following circumstances:
(a) On work or service vehicles not held in stock for sale;
(b) On leased or rented vehicles owned by the licensed manufacturer or dealer;
(c) On a laden vehicle designed for transportation of cargo, unless the manufacturer or dealer has complied with section 49-434, Idaho Code, except as provided in subsection (3) of this section;
(d) On vehicles which have been sold;
(e) On vehicles used by the licensee for furtherance of another business;
(f) On vehicles owned by a licensed wholesaler used for personal use;
(g) On vehicles owned by a licensed wholesaler, operated by their licensed salesmen, used for personal use.
(3) Dealer and manufacturer plates may be used on laden vehicles operated by the manufacturer, dealer or his licensed vehicle salesman, in connection with the manufacturer’s or dealer’s business. A dealer plate may be used on a laden trailer in connection with a manufacturer’s or dealer’s business to move vehicles or trailers from a manufacturer to a dealer, from dealership to dealership or from a dealership to off-site locations in promotion of the dealer’s business as long as the power unit is properly licensed under chapter 4, title 49, Idaho Code. A dealer plate may be used on a vehicle assigned for personal use on a full-time basis to the dealer, or licensed full-time vehicle salesman. This personal use exception applies only to the manufacturer, dealer, or licensed full-time vehicle salesman personally, and any other persons, including members of their families, are excluded. A prospective purchaser of a vehicle may have possession of the vehicle with a dealer plate for not more than ninety-six (96) hours or may operate the vehicle when accompanied by the manufacturer, dealer or a licensed vehicle salesman.
(4) Licensed part-time vehicle salesmen may use a dealer plate on a vehicle that is offered for sale only to demonstrate the vehicle to a purchaser, but not for personal use. Other employees or authorized persons, not licensed as a vehicle salesman, may use a dealer plate when testing the mechanical operation of a vehicle or for the necessary operation in pursuance of the dealer’s business, including the delivery and pickup of vehicles owned or purchased by that manufacturer or dealer.
(5) Laden dealer and manufacturer plates may be displayed on any power unit in the dealer’s or manufacturer’s inventory to operate vehicles laden with vehicles that are in the dealer’s or manufacturer’s inventory in pursuance of the dealer’s or manufacturer’s business. Such use shall be limited to moving vehicles from a manufacturer to a dealer, from dealership to dealership, or from a dealership to off-site locations in furtherance of the dealer’s business. Such uses may include travel to licensed temporary supplemental lot locations, to and from auctions or to a new licensed location.
(a) Laden dealer and manufacturer plates shall not be used for personal use by the dealer or manufacturer or a licensed full—time or part—time salesman of the dealership.
(b) Laden dealer and manufacturer plates shall be valid up to a maximum of twenty–six thousand (26,000) pounds combined gross vehicle weight.
(c) Fees will be as provided in section 49-434(1), Idaho Code, for commercial vehicles at a weight limit of twenty–six thousand (26,000) pounds combined gross vehicle weight.
(d) The dealer or manufacturer may increase the weight limit through the purchase of a temporary weight increase permit, as provided for in section 49-432(2), Idaho Code.
(6) Vehicle manufacturers and dealers shall keep a written record of the vehicles upon which dealer’s number plates are used for personal use on a full-time basis, and the time during which each plate is used. The record shall be open to inspection by any peace officer or any officer or employee of the department.
(7) No manufacturer or dealer shall cause or permit any vehicle owned by them to be operated or moved upon a public highway without displaying upon the vehicle a license plate issued to that person, either under the provisions of this section or section 49-428, Idaho Code, except as otherwise authorized in section 49-431, Idaho Code.
[49-1627, added 1988, ch. 265, sec. 400, p. 784; am. 2006, ch. 223, sec. 1, p. 664; am. 2011, ch. 72, sec. 3, p. 154.]
(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.
[49-1628, added 1988, ch. 265, sec. 401, p. 786.]
(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.
[49-1629, added 1988, ch. 265, sec. 402, p. 787; am. 2005, ch. 145, sec. 2, p. 458.]
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.
[49-1630, added 1988, ch. 265, sec. 403, p. 787.]
(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, affiliate corporation, or any other controlled corporation, partnership, entity, 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.
[49-1632, added 1988, ch. 265, sec. 405, p. 788; am. 2024, ch. 213, sec. 3, p. 758.]
(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.
[49-1633, added 1988, ch. 265, sec. 406, p. 789.]
(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.
[49-1634, added 1991, ch. 272, sec. 17, p. 709; am. 1993, ch. 297, sec. 3, p. 1097.]
(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.
[49-1636, added 1991, ch. 272, sec. 19, p. 709.]
(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.
[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.]
(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.
[49-1638, added 2007, ch. 251, sec. 1, p. 736.]
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.
[49-1701, added 1988, ch. 265, sec. 408, p. 789.]
To claim the benefits of the provisions of this chapter a lien claimant shall, prior to making any repairs, provide notice to the registered and legal owner of a motor vehicle of intended repairs, service, or storage at the request of a person in possession of the vehicle. The notice shall be substantially in the following form:
To: …….. (Name of registered and legal owner and addresses)
Notice is hereby given, in accordance with the provisions of …….., Idaho Code, that the undersigned, …….. of …., (address) has been requested by …., of …., …….. (address) …., …. (the registered owner, or agent thereof) …., to …….. (repair or as the case may be) the following described motor vehicle of which you are designated the registered or legal owner on the title: …….. (specify year, make and model) …., ……. (vehicle identification no.) …., …….. (license no.) ….. If appropriate, add: The repairs requested are as follows: ………
The undersigned intends to begin such …….. (repairs or as the case may be) on approximately …….., …..
The approximate charges for the services requested will be $…….., and the undersigned will claim a lien on the vehicle for the actual amount of such charges.
In accordance with the provisions of sections …….. and …….., Idaho Code, the undersigned requests that you consent to the performance of ……… (such repairs or as the case may be) by signing and returning the enclosed copy of this notice.
Dated …….., …..
Consent
I hereby consent to the performance of the above described …….. (repairs or as the case may be.)
Dated …….., …..
[49-1702, added 1988, ch. 265, sec. 409, p. 789; am. 1998, ch. 392, sec. 23, p. 1228; am. 2002, ch. 32, sec. 21, p. 58.]
Any lien provided for in this chapter may be assigned by written instrument accompanied by delivery of possession of the vehicle subject to the lien, and the assignee may exercise the rights of a lien holder. Any lien holder assigning a lien, as authorized herein, shall at the time of assigning the lien give written notice of the assignment by certified mail to the registered and legal owner, including the name and address of the person to whom the lien is assigned.
[49-1703, added 1988, ch. 265, sec. 410, p. 790.]
Whenever the lien upon any vehicle is lost by reason of the loss of possession through trick, fraud, or device, the repossession of the vehicle by the lien holder revives the lien, but any lien so revived is subordinate to any right, title or interest of any person under any sale, transfer, encumbrance, lien or other interest acquired or secured in good faith and for value between the time of the loss of possession and the time of repossession.
[49-1704, added 1988, ch. 265, sec. 411, p. 790.]
(1) When a possessory lienholder is not paid the amount of the lien due, within ten (10) days after the same becomes due, the lienholder may proceed to conduct a sale as provided by this section to satisfy the lien and costs of sale, if an authorization to conduct a lien sale has been issued by the department, or a judgment has been entered in favor of the lienholder on the claim which gives rise to the lien, or the registered and legal owners of the vehicle have signed, after the lien has arisen, a release of any interest in the vehicle.
(2) A possessory lienholder may apply to the department for the issuance of an authorization to conduct a lien sale. The application shall include all of the following information:
(a) A description of the vehicle, including make, vehicle identification number, and license number;
(b) The names and addresses of the registered and legal owners of the vehicle, if ascertainable from registration certificates within the vehicle, and the names and addresses of other persons whom the lienholder knows or reasonably should know to claim an interest in the vehicle;
(c) A statement of the amount of the lien and the facts concerning the claim which give rise to the lien; and
(d) A statement that the lienholder has no information or belief that there is a valid defense to the claim which gives rise to the lien.
(3) Upon receipt of an application, the department shall send a copy of the application to the registered and legal owners at their addresses of record with the department and to any other interested persons listed in the application. The department shall also send a notice which shall include the following information:
(a) That an application has been made with the department for the issuance of an authorization to conduct a lien sale;
(b) That the person has a legal right to a hearing in court;
(c) That if a hearing in court is desired, an enclosed declaration of opposition must be signed and returned;
(d) That if the declaration is signed and returned, the possessory lienholder will be allowed to sell the vehicle only if he obtains a judgment in court or obtains a release from the registered and legal owners;
(e) That the department will issue the authorization to conduct a lien sale unless the person signs and returns the declaration of opposition within ten (10) days after the date the notice was mailed; and
(f) That the person may be liable for costs if the lienholder brings an action and if a judgment is entered in favor of the lienholder.
(4) If the department receives a timely mailed declaration of opposition, it shall notify the possessory lienholder that he may not conduct a lien sale unless:
(a) A judgment has been entered in his favor on the claim which gives rise to the lien; or
(b) The registered and legal owners of the vehicle have signed a release of any interest in the vehicle.
(5) An applicant shall include with his application for lien sale a fee of ten dollars ($10.00) which shall be deposited in the abandoned vehicle trust account. The fee shall be recoverable as a cost by the lienholder.
[49-1705, added 1988, ch. 265, sec. 412, p. 790; am. 1998, ch. 392, sec. 24, p. 1229.]
(1) A registered or legal owner of a vehicle in the possession of a person holding a lien under the provisions of this chapter may release any interest in the vehicle after the lien has attached.
(2) The release shall contain the following information:
(a) A description of the vehicle, including the year and make, the engine or vehicle identification number, and the license number;
(b) The names and addresses of the registered and legal owners of record;
(c) A statement of the amount of the lien and the facts concerning the claim which give rise to the lien; and
(d) A statement that the person releasing the interest understands that he has a legal right to a hearing in court prior to the sale of the vehicle and that he waives the right to contest the claim.
(3) A copy of the release shall be filed with the department in connection with the transfer of interest in a vehicle under the provisions of this section.
[49-1706, added 1988, ch. 265, sec. 413, p. 792.]
Prior to any sale the possessory lienholder shall give at least ten (10) days’ notice of the sale by advertising in one (1) issue of a newspaper of general circulation in the county in which the vehicle is located. Prior to the sale of any vehicle to satisfy a lien, twenty (20) days’ notice by certified mail shall be given to the legal owner and to the registered owner of the vehicle, if registered in this state, as the same appear in the registration certificate, and to the department. All notices specify the make, the vehicle identification number, and license number, and the date, time, and place of the sale.
[49-1707, added 1988, ch. 265, sec. 414, p. 792; am. 1998, ch. 392, sec. 25, p. 1230.]
No lien sale conducted pursuant to this chapter shall be undertaken unless the vehicle has been available for public inspection, at a location easily accessible to the public, for at least one (1) hour before sale. Sealed bids shall not be accepted. The possessory lien holder shall conduct the sale in a commercially reasonable manner.
[49-1708, added 1988, ch. 265, sec. 415, p. 792.]
(1) The proceeds of a lien sale shall be disbursed as follows:
(a) To discharge the lien; then to actual costs of selling the property. The cost of selling shall be the actual cost, not to exceed seventy-five dollars ($75.00), for each vehicle;
(b) The balance, if any, shall be forwarded to the department within five (5) days of the sale for payment to the legal owner of any unpaid obligation or for deposit in the abandoned vehicle trust account.
(2) Any person claiming an interest in the vehicle may file a claim with the department for any portion of the funds from the lien sale which were forwarded to the department. Upon determination of the department that the claimant is entitled to some amount, the department shall pay an amount which in no case shall exceed the amount forwarded to the department in connection with the sale of the vehicle. The department shall not honor any claim not filed within two (2) years of the sale.
[49-1709, added 1988, ch. 265, sec. 416, p. 793.]
No person shall obtain possession of any vehicle or any part of that vehicle, subject to a lien under the provisions of this chapter, through surreptitious removal or by trick, fraud, or device perpetrated upon the lien holder.
[49-1710, added 1988, ch. 265, sec. 417, p. 793.]
(1) No person shall abandon a vehicle upon any highway.
(2) No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.
[49-1801, added 2025, ch. 218, sec. 2, p. 1027.]
(1) The abandonment of any vehicle shall create a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the costs incurred in the removal, storage, and disposition of the vehicle, less any amount received from the disposition of the vehicle.
(2) The owner of any vehicle removed pursuant to this chapter is presumed responsible for the vehicle and is thereby liable for the costs incurred in the removal, storage, and disposition of the vehicle, less any amounts received from the disposition of the vehicle.
(3) If a vehicle is found abandoned or found under extraordinary circumstances and is removed at the direction of any authorized officer and is not redeemed by the owner or lienholder within seven (7) days of the tow, the last registered owner of record is guilty of a traffic infraction, unless the owner has filed a release of liability with the department pursuant to section 49-526, Idaho Code, in which case the transferee shown on the release of liability shall be guilty of a traffic infraction.
(4) Vehicles towed under the provisions of this chapter cannot be disposed of without a title or a junk certificate.
(5) If a law enforcement agency places a call or requests a tow company to remove a vehicle, it shall be classified as a law enforcement-directed tow and the provisions of this chapter shall apply.
[49-1802, added 2025, ch. 218, sec. 2, p. 1027.]
(1) Any authorized officer, upon discovery of a vehicle reported as stolen and not recovered, may cause it to be taken to and stored in an authorized impound yard in the custody of a tow company.
(2) Within forty-eight (48) hours, excluding weekends and holidays, of the time that the vehicle is taken into custody and is stored pursuant to this section, the agency of which the officer is an agent shall make a reasonable effort to obtain the vehicle owner information from the agency that the stolen vehicle report was filed with and contact the owner by email or phone. If contact is made and no action is taken by the owner or insurance company within seven (7) days or no contact is made within forty-eight (48) hours, the agency shall give written notice by certified mail to the registered and legal owners of the vehicle, if known. The notice shall state:
(a) That the vehicle has been taken into custody and stored;
(b) The location of storage of the vehicle;
(c) The identification of the officer;
(d) A description of the vehicle, including make, year, model, identification number, license number, and state of registration; and
(e) The statutory authority for storage.
(3) If the vehicle is not claimed within thirty (30) days, it shall be considered stolen and not recovered and treated as an abandoned vehicle, subject to the provisions of section 49-1807, Idaho Code. The storage time accrued under this section may be added to the storage time required through the abandoned vehicle process, pursuant to section 49-1814(3), Idaho Code, if the vehicle was stored at a tow company facility during the stolen vehicle investigation and notification process.
[49-1803, added 2025, ch. 218, sec. 2, p. 1027.]
(1) Any authorized officer who dispatches a call to request the removal of a vehicle under the authority of this chapter, or the provisions of section 49-662, Idaho Code, as the result of an accident, the driver being arrested or extraordinary circumstances, may cause the vehicle to be placed in the custody of a tow truck operator, all expenses of towing and storage to be those of the registered owner, unless the registered owner has filed a release of liability according to the provisions of section 49-526, Idaho Code, in which case the purchaser or other transferee recorded on the release of liability statement shall be presumed responsible and liable.
(2) At the time of removal, the authorized officer shall complete a notice form containing, but not limited to, the following:
(a) Name and addresses of registered owner and lienholder;
(b) Complete vehicle description, including license plate number and vehicle identification number;
(c) Date, time and reason for tow;
(d) Law enforcement agency directing tow and case number assigned;
(e) Appraisal value of vehicle and daily storage rate;
(f) Authorized officer name or badge number;
(g) Name, address and telephone number of towing company;
(h) Signature of tow truck operator taking receipt of vehicle and contents.
(3) A copy of this notice shall be provided to the legal or registered owner at the scene, or may be mailed by first class mail within seventy-two (72) hours, excluding weekends and holidays. A copy of this notice shall also be mailed by first class mail to any lienholder within seventy-two (72) hours, excluding weekends and holidays. This notification shall be in addition to all notices required for vehicle disposal procedures contained in this chapter.
[49-1803A, added 2010, ch. 171, sec. 5, p. 350; am. 2018, ch. 212, sec. 1, p. 480.]
Any authorized officer who dispatches a call to request the removal of a vehicle under the authority of this chapter or the provisions of section 49-662, Idaho Code, as the result of an accident, the driver being arrested, or other extraordinary circumstances may immediately cause the vehicle to be placed in the custody of a tow company.
[49-1804, added 2025, ch. 218, sec. 2, p. 1028.]
(1) Upon discovery of an abandoned vehicle other than under extraordinary circumstances, an authorized officer shall attach on the vehicle, in plain view, a notice that the vehicle will be towed away after forty-eight (48) hours. The notice shall contain:
(a) The name of the officer who prepared the notice;
(b) The name of the agency employing the officer;
(c) The time and date of attaching the notice;
(d) The time and date after which the vehicle will be removed; and
(e) The telephone number and address of the agency where further information can be obtained.
(2) A reasonable attempt shall be made to notify the owner of any vehicle that has current license plates and registration as shown on the records of the department prior to the expiration of the forty-eight (48) hour notice period. Such notice shall include the location of the vehicle and the time and date of intent to remove the vehicle. The inability of an officer to notify the owner shall not preclude the removal of the vehicle at the expiration of the forty-eight (48) hour period provided for in this section.
[49-1805, added 2025, ch. 218, sec. 2, p. 1028.]
(1) Any person having possession or control of real property, including commercial property, who finds an unauthorized vehicle standing on his property is permitted to have the vehicle removed or booted if there is posted on or near the property in a clearly conspicuous location, in large print, a sign or notice that unauthorized vehicles will be removed or booted at the owner’s expense and designating the name of the towing firm. Unauthorized vehicles need not meet the provisions of section 49-102(2), Idaho Code, in this instance.
(2) Any person having possession or control of real property, excluding commercial property, who finds an abandoned vehicle standing on his property when the property is not posted as set out in subsection (1) of this section may contact a tow company to remove the vehicle. The tow company shall have the person having possession or control of the property sign a release form to the tow company identifying himself as the person having possession or control of real property, identifying the vehicle being removed, and taking responsibility for the removal of the vehicle.
(3) No vehicle shall be considered unauthorized and subject to removal or booting pursuant to the provisions of this subsection solely on the basis of the vehicle having expired or improper vehicle registration. All other provisions of this chapter shall be complied with.
[49-1806, added 2025, ch. 218, sec. 2, p. 1028.]
(1) Notwithstanding other provisions of this chapter, whenever a vehicle is towed pursuant to section 49-1806(1), Idaho Code, the tow company shall, within seventy-two (72) hours, excluding weekends and holidays, make a request to the department for the names and addresses of all persons having an interest in the vehicle as appears in the department’s records.
(2) Within one (1) business day after receipt of the information requested pursuant to subsection (1) of this section, the tow company shall send notice by first class mail to all owners, lienholders, and any other person shown on the department’s records. The notice shall include the following information:
(a) A description of the vehicle that includes, if available, make, model year, model, identification number, license plate number, and state of registration;
(b) The names and addresses of the registered owners and lienholders, if known, and any other person known to have an interest in the vehicle;
(c) The name and telephone number of the tow company;
(d) The date and time of tow;
(e) The location of the place of storage; and
(f) The amount of the lien and the facts concerning the claim that gave rise to the lien.
[49-1806A, added 2020, ch. 63, sec. 1, p. 146.]
(1) Whenever a vehicle is towed pursuant to sections 49-1803 through 49-1806, Idaho Code, the following procedures shall be followed:
(a) Law enforcement shall:
(i) At the time of tow, except for vehicles towed under section 49-1806, Idaho Code, complete a notice form containing at least the following information:
A complete vehicle description, including license plate number, if available, and vehicle identification number;
The time, date, and reason for the tow;
The name of the law enforcement agency directing the tow and the case number assigned;
The name and badge number of the authorized officer;
The name, address, and telephone number of the tow company;
The storage location of the vehicle; and
The signature of the tow truck operator taking receipt of the vehicle and contents;
(ii) Provide a copy of the notice pursuant to subparagraph (i) of this paragraph to the tow company to authorize towing of the vehicle. A copy shall be provided to the legal or registered owner at the scene, if applicable. The notification provided pursuant to subparagraph (i) of this paragraph shall be in addition to all notices required for vehicle disposal procedures contained in this chapter;
(iii) Not delegate authorization of the towing of vehicles as described in this chapter to a nongovernmental entity; and
(iv) Report the tow in the Idaho public safety and security information system;
(b) The tow company shall:
(i) Report the tow in the department’s towed vehicle portal within one (1) business day of the tow, excluding weekends and holidays, pursuant to applicable procedures; and
(ii) Apply to the department for a title or junk certificate after thirty (30) days from the date of first notification as long as the following conditions have been met:
The vehicle has not been claimed;
No declaration of opposition was received or the declaration of opposition timeline has elapsed; or
If a tow procedure hearing was conducted, it was determined in the favor of the agency; and
(c) The department shall:
(i) Provide the title and insurance information the department has on record when the tow company enters the tow record into the portal;
(ii) Notify the vehicle’s owners and lienholders on record using:
(A) Within one (1) business day of the tow company reporting a tow in the portal, an electronic notification;
(B) If the vehicle is not claimed within five (5) business days after being reported in the portal, a second notice by first class mail; and
(C) If the vehicle is not claimed within fifteen (15) business days after being reported in the portal, a third notice by first class mail; or
(A) Within one (1) business day after a tow company reports a tow in the portal, notification by first class mail; and
(B) If the vehicle is not claimed within ten (10) business days after being reported in the portal, a second notice by first class mail; and
(iii) Issue a title or junk certificate to the towing company clear of any liens after thirty (30) days from the date of first notification if all applicable procedures of this chapter were followed and the conditions of paragraph (b)(ii) of this subsection have been met.
(2) The notifications in subsection (1)(c) of this section shall include the following information:
(a) A description of the vehicle that includes, if available, the make, model, year, vehicle identification number, and license plate number;
(b) The name, address, and telephone number of the tow company;
(c) The date, time, and reason for tow;
(d) The location of the place of storage;
(e) The amount owed for towing;
(f) The daily rate for storage;
(g) The right to a tow procedure hearing pursuant to section 49-1809, Idaho Code;
(h) The right to claim personal property; and
(i) The right to file a declaration of opposition pursuant to section 49-1808, Idaho Code.
[49-1807, added 2025, ch. 218, sec. 2, p. 1029.]
(1) Any towing firm, employee or agent thereof called to the scene of an accident or disabled vehicle by an authorized officer and requested to remove a vehicle shall remove the vehicle and take it to the nearest garage or other place of safety as directed by the officer or, except as otherwise provided in this chapter, shall take the vehicle to such place as the owner or his authorized agent may reasonably request. The towing firm, employee or agent shall not be entitled to recover any storage, impound fees or other fees, except the scheduled tow fee, if the firm, employee or agent:
(a) Removes the vehicle to a place other than as directed by the officer or as reasonably requested by the owner or his authorized agent; or
(b) After removing the vehicle, refuses to release the vehicle to the owner, his authorized agent, insurance representative or lienholder for any reason other than the refusal of the owner, authorized agent, insurance representative or lienholder to pay the fees to which the towing firm is lawfully entitled. The refusal of the owner, his authorized agent, insurance representative or lienholder to pay fees to which the towing firm, employee or agent is not entitled pursuant to this subsection shall not be cause for the towing firm, employee or agent to refuse to release the vehicle.
(2) Upon release of the vehicle to the legal or registered owner, authorized agent or insurance representative, the towing company shall provide an itemized statement containing the following:
(a) Location from which the vehicle was towed;
(b) Storage location of the vehicle;
(c) Name, address and telephone number of the tow company;
(d) Year, make and model of the vehicle towed;
(e) License plate number of the vehicle towed;
(f) Itemized cost of towing and recovery charges;
(g) Daily storage charge and number of days stored.
[49-1807A, added 2000, ch. 308, sec. 1, p. 1044; am. 2010, ch. 171, sec. 8, p. 351; am. 2011, ch. 304, sec. 1, p. 870.]
The Idaho state police shall establish and maintain an authorized tow list. To determine the suitability of applicants for inclusion on the Idaho state police authorized tow list, the Idaho state police shall require every applicant towing firm owner, driver and operator to provide information and fingerprints necessary to obtain criminal history information from the Idaho state police bureau of criminal identification and the federal bureau of investigation. The cost of taking and processing such fingerprints shall be the responsibility of the applicant. Pursuant to section 67-3008, Idaho Code, the Idaho state police shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho state police bureau of criminal identification for a criminal records check of state and national databases. The Idaho state police may receive criminal history information from the Idaho state police bureau of criminal identification and from the federal bureau of investigation for the purpose of evaluating the fitness of applicants for inclusion on the Idaho state police authorized tow list.
[49-1807B, added 2012, ch. 99, sec. 1, p. 263.]
(1) In the event that the legal or registered owner of a vehicle towed under the provisions of this chapter wishes to dispute the fees, claim, disposition, or other issues related to the possessory lienholder, the owner may file a declaration of opposition with the department.
(2) The declaration of opposition must be received by the department within twenty (20) calendar days after the date of the first notification sent by the department pursuant to section 49-1807(1)(c), Idaho Code.
(3) The declaration of opposition shall give the declarant ten (10) calendar days after the date the declaration was filed with the department to file legal action against the possessory lienholder.
(4) If the declarant files a legal action against the possessory lienholder, the disposition of the vehicle shall be paused pending the outcome of the court proceedings.
(5) The declarant may be liable for court costs if a judgment is entered in favor of the possessory lienholder.
[49-1808, added 2025, ch. 218, sec. 2, p. 1030.]
(1) Whenever an authorized officer initiates the tow or storage of a vehicle pursuant to the provisions of sections 49-1804 and 49-1805, Idaho Code, the agency authorizing the tow or storage shall provide the vehicle’s registered and legal owners of record or their agents with the opportunity for a tow procedure hearing to determine the validity of the storage.
(2) In order to receive a tow procedure hearing, the owners or their agents must send a request for hearing in writing, to the department, within ten (10) calendar days of the date of the initial notice, pursuant to section 49-1807(1)(c), Idaho Code. Any such hearing shall be conducted within forty-eight (48) hours of the request, excluding weekends and holidays. The public agency may authorize its own officer or employee to conduct the hearing, as long as the hearing officer is not the same person who directed the storage of the vehicle.
(3) Failure of either the titled or legal owner or his agent to request or to attend a scheduled hearing shall satisfy the tow procedure hearing requirement as to that person.
(4) The provisions of this section shall not apply to vehicles removed from posted property pursuant to section 49-1806, Idaho Code.
(5) The agency employing the person who authorized the tow shall be responsible for the costs incurred for towing and storage if it is determined in the hearing that reasonable cause for the tow and storage cannot be established.
[49-1809, added 2025, ch. 218, sec. 2, p. 1030.]
Every tow company in the process of towing, removing, or impounding a vehicle as directed by an authorized officer, except vehicles towed as part of an investigation or that are suspected stolen, shall upon request of the owner or his authorized agent release the vehicle at the scene. If the vehicle is attached to the tow truck, or otherwise in tow, the regular, scheduled tow fee may be charged. When the vehicle is not yet in tow at the time of request, the release must be made, and no charge may be assessed except a customary and reasonable charge for mileage one way from the towing company’s place of storage to the scene plus the usual fee for the tow truck operator. If the authorized fee is not tendered by the owner or his agent, the towing operator may complete the impoundment, towing, or removal, as authorized.
[49-1810, added 2025, ch. 218, sec. 2, p. 1031.]
(1) The owner or lienholder of any vehicle removed or booted under the provisions of this chapter, except those vehicles impounded for investigation or suspected stolen, may take possession of the vehicle at any time prior to disposition by proving ownership and paying the costs relative to towing and storing or booting the vehicle.
(2) Unauthorized removal of any vehicle towed or booted under the provisions of this chapter without payment in full of all charges and costs that have been incurred under the provisions of this chapter shall be a misdemeanor, and the vehicle may be recovered and returned to the place of storage.
(3) Nothing in this chapter shall be construed to abate any cause of action that a lienholder has against the owner of an abandoned vehicle.
(4) Any insurer having a claim made against it pertaining to any vehicle removed or booted under the provisions of this chapter, except those vehicles impounded for investigation or suspected stolen, may take possession of the vehicle at any time prior to the settlement of such claim following determination by such insurer that the vehicle has been determined by such insurer to be a total loss, obtaining verbal consent of the owner and by paying the lawfully entitled costs relative to towing and storing the vehicle. The insurer holding facility shall allow the vehicle owner or his representative access to the vehicle upon the vehicle owner or his representative providing evidence of ownership. Personal property, including items not attached or related to the vehicle, must be returned to the vehicle owner pursuant to section 49-1814(4), Idaho Code. If no total loss settlement is reached, the insurer shall return the vehicle to a mutually agreed upon location. Any holding facility that releases a vehicle pursuant to the provisions of this subsection shall be held harmless for the release of such vehicle. The insurer shall provide the location and telephone number of the insurer holding facility to the vehicle owner or his representative.
(5) Any towing company that tows a vehicle pursuant to this chapter shall take the vehicle to such place as the owner or his authorized agent with a power of attorney may reasonably request. If such a request is not received, the towing company shall take the vehicle to its nearest place of safe storage. The towing company shall not be entitled to recover any storage fees, impound fees, unauthorized repair fees, or other fees, except the scheduled tow fee, if the towing company:
(a) Removes the vehicle to a place other than as directed by the officer or as reasonably requested by the owner or his authorized agent with a power of attorney;
(b) After removing the vehicle, refuses to release the vehicle to the owner, his authorized agent, insurance representative, or lienholder for any reason other than the refusal of the owner, authorized agent, insurance representative, or lienholder to pay the fees to which the towing company is lawfully entitled. The refusal of the owner, his authorized agent, insurance representative, or lienholder to pay fees to which the towing company is not entitled pursuant to this subsection shall not be cause for the tow company to refuse to release the vehicle; or
(c) Performs repairs or makes improvements, for any reason, without a signed work order or recorded verbal consent from the owner, his authorized agent, insurance representative, or lienholder.
(6) Upon release of the vehicle to the legal or registered owner, authorized agent, or insurance representative, the towing company shall provide an itemized statement containing the following:
(a) The location from which the vehicle was towed;
(b) The storage location of the vehicle;
(c) The name, address, and telephone number of the tow company;
(d) The year, make, and model of the vehicle towed;
(e) The license plate number of the vehicle towed;
(f) The itemized cost of towing and recovery charges; and
(g) The daily storage charge and number of days stored.
[49-1811, added 2025, ch. 218, sec. 2, p. 1031.]
The Idaho state police shall establish and maintain an authorized tow list. To determine the suitability of applicants for inclusion on the Idaho state police-authorized tow list, the Idaho state police shall require every applicant towing firm owner, driver, and operator to provide information and fingerprints necessary to obtain criminal history information from the Idaho state police bureau of criminal identification and the federal bureau of investigation. The cost of taking and processing such fingerprints shall be the responsibility of the applicant. Pursuant to section 67-3008, Idaho Code, the Idaho state police shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho state police bureau of criminal identification for a criminal records check of state and national databases. The Idaho state police may receive criminal history information from the Idaho state police bureau of criminal identification and from the federal bureau of investigation for the purpose of evaluating the fitness of applicants for inclusion on the Idaho state police-authorized tow list.
[49-1812, added 2025, ch. 218, sec. 2, p. 1032.]
Any county or city, including any law enforcement agency of a county or city, that maintains an authorized tow list shall document and make publicly available the qualifications to be added to or removed from such tow list.
[49-1813, added 2025, ch. 218, sec. 2, p. 1032.]
(1) Whenever a vehicle has been towed under the provisions of this chapter, reasonable efforts shall be made to secure and prevent further damage to the vehicle being stored.
(2) A towing company shall furnish its rate sheet to the department for law enforcement-directed tows. The department shall make the rate sheet available to the public and the rate sheet shall also be posted at the towing company’s place of business and be made available upon request to consumers. Tow fees shall not vary based on the value of the vehicle and a charge more than what is reflected on the rate sheet for any service shall be deemed excessive.
(3) The maximum storage limit shall not exceed sixty (60) days from the date of tow. If the tow was reported in the portal within one (1) business day, excluding weekends and holidays, storage fees may begin from the date of tow. If the tow was not reported in the portal within one (1) business day, excluding weekends and holidays, storage fees shall not begin accumulating until the tow is reported in the portal by the towing company.
(4) Any vehicle stored under the provisions of this chapter, except vehicles being stored as part of a law enforcement investigation, shall:
(a) Be made available for physical inspection by the legal or registered owner, authorized agent with a valid power of attorney, or insurance representative during reasonable business hours at no additional charge; and
(b) Have no lien attached to any personal property in or on the vehicle. Personal property in or on the vehicle shall be given to the registered owner or the owner’s authorized agent, if such agent has a valid power of attorney, during reasonable business hours at no additional charge, upon demand. The possessory lienholder shall not be responsible for personal property not attached to the vehicle after any vehicle has been disposed of pursuant to this chapter.
[49-1814, added 2025, ch. 218, sec. 2, p. 1032.]
Upon entering the towed vehicle information into the portal, the department shall receive a fee in accordance with section 49-202(2)(g), Idaho Code.
[49-1815, added 2025, ch. 218, sec. 2, p. 1033.]
(1) There is hereby established in the state treasury the abandoned vehicle trust account. There shall be set aside, paid into, and credited to the fund the fees authorized under section 31-3201F, Idaho Code, collected by the district courts.
(2) Moneys deposited in the abandoned vehicle trust account are hereby continuously appropriated to the department for the purposes of satisfying allowable claims and reimbursing the costs of administering the provisions of this chapter.
(3) Each fee collected by the district courts pursuant to section 31-3201F, Idaho Code, shall be distributed as follows:
(a) Seventy-five dollars ($75.00) to the law enforcement agency that directed the tow of the vehicle involved in the infraction; and
(b) Seventy-five dollars ($75.00) to the towing company that towed the vehicle involved in the infraction.
(4) Fees shall be distributed to law enforcement agencies and towing companies on a monthly basis.
[49-1816, added 2025, ch. 218, sec. 2, p. 1033.]
The provisions of this chapter shall be applicable and uniform throughout the state and in all political subdivisions. No local or state authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this chapter.
[49-1817, added 2025, ch. 218, sec. 2, p. 1033.]
(1) An account is established, to be known and designated as the abandoned vehicle trust account. There shall be set aside, paid into and credited to the account, moneys remaining from any sale of an abandoned vehicle or any vehicle removed under extraordinary circumstances after satisfaction of all possessory liens and costs of conducting the sale, and the fee authorized under section 31-3201F, Idaho Code, collected by the district courts.
(2) Moneys deposited in the abandoned vehicle trust account are hereby continuously appropriated to the department for the purposes of satisfying allowable claims and reimbursing the costs of administering the provisions of this chapter.
(3) Any person claiming an interest in the vehicle may file a claim with the department for any portion of the excess proceeds from an abandoned vehicle sale which were forwarded to the department. Upon determination of the department that the claimant is entitled to some amount, the department shall pay an amount which in no case shall exceed the amount forwarded to the department in connection with the sale of the vehicle. The department shall not honor any claim filed more than two (2) years after the sale.
(4) Each fee collected by the district courts pursuant to section 31-3201F, Idaho Code, shall be distributed as follows to the:
(a) Law enforcement agency that directed the tow of the vehicle involved in the infraction
(b) Tow company that towed the vehicle involved in the infraction
(c) Department
Fees shall be distributed to law enforcement agencies and tow companies on a monthly basis. All fees distributed to the department shall be deposited in the state highway account.
[49-1818, added 1988, ch. 265, sec. 436, p. 802; am. 2002, ch. 366, sec. 5, p. 1034; am. 2014, ch. 38, sec. 19, p. 88.]
The provisions of sections 49-1801 through 49-1818, Idaho Code, shall be applicable and uniform throughout the state and in all political subdivisions and no local authority shall enact or enforce any ordinance, rule or regulation in conflict with the provisions of these sections.
[49-1819, added 2010, ch. 171, sec. 17, p. 355.]
The Western States Transportation Agreement is hereby enacted into law and entered into with all other jurisdictions legally joining therein as follows:
WESTERN STATES TRANSPORTATION AGREEMENT
Pursuant to and in conformity with the laws of their respective jurisdictions, the participating jurisdictions, acting by and through their officials lawfully authorized to execute this agreement, do mutually agree as follows:
ARTICLE I
Findings and Purposes
SECTION 1. Findings. The participating jurisdictions find that:
(a) The expanding regional economy depends on expanding transportation capacity;
(b) Highway transportation is the major mode for movement of people and goods in the western states;
(c) Uniform application in the west of more adequate vehicle size and weight standards will result in a reduction of pollution, congestion, fuel consumption and related transportation costs, which are necessary to permit increased productivity;
(d) A number of western states have already, to the fullest extent possible, adopted substantially the 1964 Bureau of Public Roads recommended vehicle size and weight standards; and
(e) The participating jurisdictions are most capable of developing vehicle size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of highway safety.
SECTION 2. Purposes. The purposes of this agreement are to:
(a) Adhere to the principle that each participating jurisdiction should have the freedom to develop vehicle size and weight standards that it determines to be most appropriate to its economy and highway system.
(b) Establish a system authorizing the operation of vehicles traveling between two (2) or more participating jurisdictions at more adequate size and weight standards.
(c) Promote uniformity among participating jurisdictions in vehicle size and weight standards on the basis of the objectives set forth in this agreement.
(d) Secure uniformity insofar as possible, of administrative procedures in the enforcement of recommended vehicle size and weight standards.
(e) Provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in section 1 of this article.
(f) Facilitate communication between legislators, state transportation administrators and commercial industry representatives in addressing the emerging highway transportation issues in participating jurisdictions.
ARTICLE II
Definitions
SECTION 1. As used in this agreement:
(a) "Cooperating committee" means a body composed of the designated representatives from the participating jurisdictions.
(b) "Designated representative" means a legislator or other person authorized under article X to represent the jurisdiction.
(c) "Jurisdiction" means a state of the United States or the District of Columbia.
(d) "Vehicle" means any vehicle as defined by statute to be subject to size and weight standards which operates in two (2) or more participating jurisdictions.
ARTICLE III
General Provisions
SECTION 1. Qualifications for Membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish these objectives.
SECTION 2. Cooperation. The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.
SECTION 3. Effect of Headings. Article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof.
SECTION 4. Vehicle Laws and Regulations. This agreement shall not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations thereof.
SECTION 5. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions shall be placed in writing.
SECTION 6. Amendment. This agreement may be amended by unanimous joint action of the participating jurisdictions, acting through the officials thereof authorized to enter into this agreement, subject to the requirements of section 4, article III. Any amendment shall be placed in writing and become a part hereof.
SECTION 7. Restrictions, Conditions or Limitations. Any jurisdiction entering this agreement shall provide each other participating jurisdiction with a list of any restriction, condition or limitation on the general terms of this agreement, if any.
SECTION 8. Additional Jurisdictions. Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.
ARTICLE IV
Cooperating Committee
SECTION 1. Each participating jurisdiction shall have two (2) designated representatives. Pursuant to section 2, article III, the designated representatives of the participating jurisdictions shall constitute the cooperating committee which shall have the power to:
(a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in relation to vehicle size and weight related matters.
(b) Recommend and encourage the undertaking of research and testing in any aspect of vehicle size and weight or related matter when, in their collective judgment, appropriate or sufficient research or testing has not been undertaken.
(c) Recommend changes in law or policy with emphasis on compatibility of laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight related matters.
(d) Recommend improvements in highway operations, in vehicular safety, and in state administration of highway transportation laws.
(e) Perform functions necessary to facilitate the purposes of this agreement.
SECTION 2. Each designated representative of a participating jurisdiction shall be entitled to one (1) vote only. No action of the committee shall be approved unless a majority of the total number of votes cast by the designated representatives of participating jurisdictions are in favor thereof.
SECTION 3. The committee shall meet at least once annually and shall elect, from among its members, a chairman, a vice chairman and a secretary.
SECTION 4. The committee shall submit annually to the legislature of each participating jurisdiction a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate or desirable.
ARTICLE V
Objectives of the Participating Jurisdictions
SECTION 1. Objectives. The participating jurisdictions hereby declare that:
(a) It is the objective of the participating jurisdictions to obtain more efficient and more economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation of a vehicle or combination of vehicles in regular operation on all state highways, except those determined through engineering evaluation to be inadequate, with a single-axle weight not in excess of 20,000 pounds, a tandem-axle weight not in excess of 34,000 pounds, and a gross vehicle or combination weight not in excess of that resulting from application of the formula:
| W = 500 ((LN/N-1) + 12N + 36) | | | --- | --- | | where | W = maximum weight in pounds carried on any group of | | | two or more axles computed to nearest 500 pounds. | | | L = distance in feet between the extremes | | | of any group of two or more consecutive axles. | | | N = number of axles in group under consideration. |
(b) It is the further objective of the participating jurisdictions that the operation of a vehicle or combination of vehicles in interstate commerce according to the provisions of subsection (a) of this section be authorized under special permit authority by each participating jurisdiction for vehicle combinations in excess of statutory weight of 80,000 pounds and/or statutory lengths.
(c) It is the further objective of the participating jurisdictions to facilitate and expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (a) or (b) of this section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight related matters including, but not limited to, the development of: uniform enforcement procedures; additional vehicle size and weight standards; operational standards; agreements or compacts to facilitate regional application and administration of vehicle size and weight standards; uniform permit procedures; uniform application forms; rules and regulations for the operation of vehicles, including equipment requirements, driver qualifications, and operating practices; and such other matters as may be pertinent.
(d) The cooperating committee may recommend that the participating jurisdictions jointly secure congressional approval of this agreement and, specifically of the vehicle size and weight standards set forth in subsection (a) of this section.
(e) It is the further objective of the participating jurisdictions to:
(1) Establish transportation laws and regulations to meet regional needs and to promote an efficient, safe and compatible transportation network;
(2) Develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways, consistent with and in recognition of principles of highway safety;
(3) Establish programs to increase productivity and reduce congestion, fuel consumption and related transportation costs and enhance air quality through the uniform application of state vehicle regulations and laws.
ARTICLE VI
Entry Into Force and Withdrawal
SECTION 1. This agreement shall enter into force when enacted into law by any two (2) or more jurisdictions. Thereafter, this agreement shall become effective as to any other jurisdiction upon its enactment thereof, except as otherwise provided in section 7, article III.
SECTION 2. Any participating jurisdiction may withdraw from this agreement by cancelling the same but no such withdrawal shall take effect until thirty (30) days after the designated representative of the withdrawing jurisdiction has given notice in writing of the withdrawal to all other participating jurisdictions.
ARTICLE VII
Construction and Severability
SECTION 1. This agreement shall be liberally construed so as to effectuate the purposes thereof.
SECTION 2. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement shall not be affected thereby. If this agreement shall be held contrary to the constitution of any jurisdiction participating herein, the agreement shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdictions affected as to all severable matters.
ARTICLE VIII
Filing of Documents
SECTION 1. A copy of this agreement, its amendments, and rules or regulations promulgated thereunder and interpretations thereof shall be filed in the highway department in each participating jurisdiction and shall be made available for review by interested parties.
ARTICLE IX
Funding
SECTION 1. Funds for the administration of this agreement, including participation in the cooperating committee and the actual expenses of the designated representatives, shall be budgeted or expensed as determined appropriate.
ARTICLE X
Selection of Designated Representatives
SECTION 1. The process for selecting the designated representatives to the cooperating committee shall be established by law under this section.
SECTION 2. The persons authorized to represent the state of Idaho as the designated representatives to the committee shall be the chairman of the senate transportation committee and the chairman of the house transportation and defense committee, or a legislator or a state agency official that the chairman may assign.
SECTION 3. The transportation chairman in each house shall also designate one (1) alternate designated representative who shall also be a legislator or state agency official to serve in his absence.
[49-1901, added 1988, ch. 265, sec. 438, p. 803; am. 2005, ch. 64, sec. 1, p. 223; am. 2012, ch. 255, sec. 5, p. 703.]
All existing statutes prescribing weight and size standards and all existing statutes relating to special permits shall continue to be of force and effect until amended or repealed by law.
[49-1902, added 1988, ch. 265, sec. 439, p. 807.]
Within appropriations available therefor, the departments, agencies and officers of the government of this state may cooperate with and assist the cooperating committee within the scope contemplated by article IV, section 1(a) and (b) of the agreement. The departments, agencies and officers of the government of this state are authorized generally to cooperate with that cooperating committee.
[49-1903, added 1988, ch. 265, sec. 440, p. 807.]
Filing of reports as required by article IV, section 4, of the agreement shall be with the department. Any and all notices required by the cooperating committee by-laws shall be given to the designated representative of this state or his alternate, if any.
[49-1904, added 1988, ch. 265, sec. 441, p. 808.]
The driver license compact is hereby enacted into law and entered into with all other jurisdictions legally joined therein in the form substantially as follows:
DRIVER LICENSE COMPACT
ARTICLE I
Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.
(3) The continuance in force of a driver’s license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of drivers’ licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any driver’s license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
ARTICLE II
Definitions
As used in this compact:
(a) "State" means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(b) "Home State" means the state which has issued and has the power to suspend, disqualify or revoke the use of the license or permit to operate a motor vehicle.
(c) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.
ARTICLE III
Reports of Conviction
The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.
ARTICLE IV
Effect of Conviction
(a) The licensing authority in the home state, for the purposes of suspension, disqualification, revocation or limitation of the driver’s license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.
ARTICLE V
Applications for New Driver’s Licenses
Upon application for a driver’s license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held driving privileges, or is the holder of a driver’s license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a driver’s license to drive to the applicant if:
(1) The applicant has held such a driver’s license, but the same or driving privileges have been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
(2) The applicant has held such a driver’s license, but the same or driving privileges have been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated.
(3) The applicant is the holder of a driver’s license to drive issued by another party state and currently in force unless the applicant surrenders such driver’s license.
ARTICLE VI
Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to driver’s licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.
ARTICLE VII
Compact Administrator
and Interchange of Information
(a) The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.
ARTICLE VIII
Entry Into Force and Withdrawal
(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of convictions occurring prior to the withdrawal.
ARTICLE IX
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
[49-2001, added 1988, ch. 265, sec. 442, p. 808; am. 1989, ch. 88, sec. 56, p. 194; am. 1990, ch. 45, sec. 37, p. 105.]
The compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on account of his service as the administrator, but shall be entitled to expenses incurred in connection with his duties and responsibilities as administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his office or employment.
[49-2002, added 1988, ch. 265, sec. 443, p. 811.]
Any act or omission of any official or employee of this state done or omitted pursuant to, or in enforcing, the provisions of the driver license compact shall be subject to review by the district court of Ada County or of any other county in which the person aggrieved shall reside, upon a petition therefor filed within thirty (30) days thereafter, but any review of the validity of any conviction reported pursuant to the compact shall be limited to establishing the identity of the person so convicted.
[49-2003, added 1988, ch. 265, sec. 444, p. 811.]
(1) The legislature of the state of Idaho finds:
(a) That the amount and number of vehicles involved in the transportation of hazardous materials/hazardous waste on the highways of this state are on the increase;
(b) That the public health and safety and the environment are jeopardized when hazardous materials/hazardous waste are transported in unsafe vehicles or in an unsafe manner;
(c) That since the state police are most likely to be in the position to enforce safety laws and also to be first responders in the event of hazardous materials/hazardous waste incidents; and
(d) That the problem of safe transportation of hazardous materials/hazardous waste has become a matter of statewide concern.
(2) Therefore, it is hereby declared that the purposes of this chapter are:
(a) To protect the health and safety of the public and the environment by reducing the risk of accidents through an adequately funded safety inspection program aimed at vehicles which transport hazardous materials/hazardous waste;
(b) To provide for specialized training and equipment for state police officers to enable them to respond to hazardous materials/hazardous waste incidents on an emergency basis;
(c) To assure the safe transportation of hazardous materials/hazardous waste within this state.
[49-2201, added 1988, ch. 265, sec. 453, p. 813.]
(1) Every person, including a private carrier or a common or contract carrier, who operates a vehicle on any highway of this state transporting hazardous waste shall first procure from the department an annual or single trip permit for each vehicle so driven in which the shipment meets any one of the following qualifiers:
(a) Is required to be placarded pursuant to title 49, code of federal regulations, part 172;
(b) Is manifested on a United States environmental protection agency uniform hazardous waste manifest form 8700-22 and 8700-22A, or its equivalent;
(c) Is any waste material containing polychlorinated biphenyls (PCB) which is regulated by title 40, code of federal regulations, part 761; but in the event waste material is being transported to a disposal facility approved in compliance with 40 CFR 761.70 or 40 CFR 761.75 and is accompanied by a hazardous waste manifest form 8700-22 or 8700-22A, or its equivalent, then a permit shall be required regardless of the polychlorinated biphenyl concentration.
This permit shall be available for examination and shall be displayed in accordance with rules adopted by the department. The provisions of this section shall not apply to vehicles owned by any city, county, state or federal governmental department or agency, special purpose district created pursuant to law or rural electric cooperatives.
(2) The fee for a single trip permit for the transportation of hazardous waste shall be twenty dollars ($20.00).
(3) The fee for an annual permit for the transportation of hazardous waste shall be two hundred fifty dollars ($250).
(4) Any carrier required to pay the fees assessed pursuant to this section is authorized to pass along such fees to the shipping party. No portion of the fees shall be prorated, reduced or transferred to another vehicle.
(5) The department may select vendors to serve as agents on state highways for the purpose of selling hazardous waste permits where fixed ports of entry do not adequately serve a respective highway entering the state. The vendor shall be remunerated at the rate determined by contract between the vendor and the department per permit sold, and the vendor shall collect the fees provided in this section, and pay the fees to the department. The vendor shall guarantee payment by giving a bond to the state of Idaho in a sum as shall be fixed by the department, the premium on the bond to be paid by the department.
(6) The operation of a vehicle, which is subject to the permit requirements of this section in a negligent manner is a violation of the provisions of this chapter.
[49-2202, added 1988, ch. 265, sec. 454, p. 814; am. 1989, ch. 317, sec. 1, p. 816; am. 1990, ch. 331, sec. 1, p. 908; am. 2006, ch. 20, sec. 1, p. 78.]
(1) Every person, including a private carrier or a common or contract carrier, who operates a vehicle on any highway of this state transporting hazardous material in such quantity and under such conditions that such vehicle is required to be placarded pursuant to 49 CFR part 172 or such vehicle’s cargo is regulated by 49 CFR part 171 or is required to meet the manifest requirements as set forth under the rules of the department of environmental quality, shall first procure from the department an annual vehicle registration endorsement. This registration endorsement shall be available for examination, unless procured via the state web portal, and shall be displayed in accordance with rules adopted by the department. The provisions of this section shall not apply to vehicles owned by any city, county, state or federal governmental department or agency or special purpose district created pursuant to law.
(2) The fee for an annual vehicle registration endorsement for the transportation of hazardous materials shall be fifteen dollars ($15.00). Any carrier required to pay the fee assessed pursuant to this section is authorized to pass along such fee to the shipping party. Vendors selling endorsements on behalf of the board shall be reimbursed at the rate of forty cents (40¢) per endorsement. No portion of the annual endorsement fee shall be prorated, reduced or transferred to another vehicle.
(3) The operation of a vehicle, which is subject to the endorsement requirements of this section, in a negligent manner is a violation of the provisions of this chapter.
[49-2203, added 1988, ch. 265, sec. 455, p. 814; am. 1990, ch. 331, sec. 2, p. 909; am. 2001, ch. 103, sec. 89, p. 330; am. 2010, ch. 260, sec. 1, p. 662; am. 2020, ch. 36, sec. 1, p. 73.]
A transporter granted a transporter permit or endorsement under this section shall have and maintain financial responsibility for sudden and accidental occurrences in an amount equal to the federal requirements as specified in title 49, code of federal regulations. Coverage must provide for claims arising out of injury to persons, property, or the environment, including the spillage of hazardous material or waste while such materials are transported, and including the costs of cleaning up any spillage. Such liability coverage must be maintained at all times while the permit is in force. The liability requirements may be met by liability insurance, bonding, self insurance or any other method as may be provided by department rule. Failure to maintain the insurance required by federal law shall not constitute a civil or criminal violation of the provisions of this chapter.
[49-2204, added 1988, ch. 265, sec. 456, p. 815.]
(1) For the purposes of the Idaho state police, there is hereby created a fund in the state treasury, to be designated the hazardous material/hazardous waste transportation enforcement fund.
(2) The fund shall consist of:
(a) Moneys appropriated to the fund;
(b) Moneys as provided in sections 49-2202 and 49-2203, Idaho Code, and in subsections (1) and (2) of section 49-2209, Idaho Code;
(c) Donations, gifts and grants from any source; and
(d) Any other moneys which may hereafter be provided by law.
(3) Moneys in the fund may be used by the director for reasonable costs incident to enforcement of the laws and rules related to the transportation of hazardous material or hazardous waste. Such costs include expenditures for inspection and monitoring programs, training of law enforcement personnel to meet specialized needs of hazardous materials/hazardous waste enforcement, and other reasonable expenses necessary for the enforcement of such programs.
(4) All moneys placed in the fund shall be appropriated annually by the legislature for the purposes described in subsection (3) of this section. All expenditures from the fund shall be paid out in warrants drawn by the state controller upon presentation of the proper vouchers.
(5) Pending use, surplus moneys in the fund shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code.
(6) An amount of money equal to the actual and reasonable cost of issuing the permits and endorsements, collecting the moneys for them, and the direct administrative costs as determined by the department and certified by the state controller, shall be paid to the state highway fund established in section 40-702, Idaho Code.
[49-2205, added 1988, ch. 265, sec. 457, p. 815; am. 1994, ch. 180, sec. 90, p. 487; am. 2000, ch. 469, sec. 121, p. 1583.]
(1) The provisions of this chapter and any rules adopted under it shall be enforced anywhere in the state by an authorized agent of the director or by any peace officer, except for conservation officers of the department of fish and game. Such authorized officers may detain and inspect any sealed or unsealed vehicle, container, or shipment which contains or which they have reason to believe contains hazardous material or wastes while in transit or in maintenance facilities or terminals, or on other public or private property to which the public has access, to ascertain if hazardous materials or wastes are being loaded, unloaded, stored or transported, and to inspect the contents, take samples thereof, and to otherwise insure compliance with the provisions of this chapter and of all rules adopted under section 67-2901A, Idaho Code, or chapter 44, title 39, Idaho Code. If a seal is opened for inspection, the inspecting officer shall reseal any vehicle, container or shipment prior to further transportation. Property used in violation of the laws may be seized and used as evidence.
(2) For the purposes of this chapter and chapter 44, title 39, Idaho Code, the transporter is responsible for the cleanup of any hazardous material/hazardous waste discharge in, on and outside the vehicle, or any one (1) or more of such locations, that occurs during transportation and must take such action as may be required so that the discharge no longer presents a hazard to public health, safety, or the environment.
(3) The board is authorized to suspend or revoke any permit or endorsement issued pursuant to this chapter if it is determined that any material provision of the permit or endorsement has been violated or if the driver, owner, lessee, or custodian of a permitted vehicle has been convicted of two (2) or more violations within a calendar year of any combination of statutes or rules relative to hazardous materials or hazardous waste. In any action to suspend or revoke, the board shall comply with the procedures specified in chapter 52, title 67, Idaho Code. Should the board have reasonable cause to believe that there exists any immediate danger to the public health, safety or environment, it may issue an emergency order suspending any permit or endorsement granted under this chapter for a reasonable period not to exceed fourteen (14) days.
[49-2206, added 1988, ch. 265, sec. 458, p. 816; am. 1999, ch. 383, sec. 10, p. 1066.]
The attorney general or any prosecuting attorney may commence and prosecute in district court a civil enforcement action against any person who is alleged to have violated this chapter or any permit, endorsement, standard, regulation, condition, or requirement which has become effective pursuant to this chapter. Such actions may be for appropriate relief or remedies specified in this chapter or any other applicable law. The director or department shall not be required to initiate or prosecute an administrative action before the attorney general or prosecuting attorney may commence and prosecute a civil enforcement action, but no such civil enforcement action shall be filed while an administrative action is still pending.
[49-2207, added 1988, ch. 265, sec. 459, p. 817.]
The attorney general or any prosecuting attorney, for the purposes contemplated by this chapter, upon probable cause to believe that a violation of any of the provisions of this chapter has occurred, may, after notice to the persons to whom the subpoena is to be directed, apply to any judge of the district court for the county in which such violation is believed to have occurred for a subpoena to compel the attendance of witnesses, and to compel the production of pertinent books, payrolls, accounts, papers, records, documents and testimony. Such judge shall issue a subpoena upon a finding of probable cause and shall enforce refusals to testify or to produce subpoenaed items with contempt sanctions. Subpoenas shall be served and witness fees and mileage paid as allowed in civil cases in the district courts of this state.
[49-2208, added 1988, ch. 265, sec. 460, p. 817.]
The remedies specified in this section are cumulative and nonexclusive.
(1) Monetary penalties.
(a) Any person who makes a materially false statement or representation in any application, label, manifest, record, report, permit, endorsement or other document filed, maintained, or used for the purpose of complying with the provisions of this chapter shall be liable for a civil penalty not less than fifty dollars ($50.00) nor to exceed ten thousand dollars ($10,000) for each separate violation.
(b) Any person who violates this chapter or any permit, standard, regulation, condition, or requirement issued or promulgated pursuant to this chapter shall be liable for a civil penalty not less than fifty dollars ($50.00) nor to exceed ten thousand dollars ($10,000) for each separate violation.
(c) The imposition or computation of monetary penalties shall take into account the seriousness of the violation and good faith efforts to comply with the law.
(2) Assessment of costs. Any person who violates any of the provisions of this chapter or any permit, standard, regulation, condition, or requirement issued or promulgated pursuant to this chapter may be assessed for:
(a) The state’s cost for any nonroutine investigations, inspections, monitoring, or surveys which lead to evidence of the violation;
(b) The state’s costs, and the costs of any political subdivision including city, county and fire protection districts, including the reasonable value of attorneys’ services, for preparing and litigating the case;
(c) The state’s cost, and the costs of any political subdivision including city, county and fire protection districts, for impounding, storing, and disposing of contaminated property and for the cleanup of a hazardous material or hazardous waste discharge;
(d) Compensation for damages to publicly held resources including, but not limited to land, water, recreational uses, wildlife, fish and aquatic life to restore the resource to its highest immediately previous uses. Any such suit for damages to publicly held resources may be brought only by the attorney general or prosecuting attorney for the county in which the violation occurred;
(e) Compensation for damages to privately held resources including, but not limited to livestock, land, water, or other personal property, and compensation for court costs allowed by law, reasonable attorney’s fees for trial preparation and trial of the case, and all other reasonable costs of trial preparation and trial of the case;
(3) Payment to hazardous materials/hazardous waste transportation enforcement account. Moneys recovered pursuant to subsections (1) and (2) (a), (c) and (d) of this section shall be paid into the hazardous material/hazardous waste transportation enforcement account created in section 49-2205, Idaho Code. Moneys recovered under subsection (2)(b) of this section shall not be paid into this account but shall be paid to those who rendered services and incurred costs in litigating the case.
(4) Restraining orders, injunctions and other relief. Any person who violates any provision of this chapter or any permit, standard, regulation, or requirement issued or promulgated pursuant to this chapter shall be subject to injunctive relief or other relief deemed appropriate. Upon a showing to the court that a violation is causing an imminent hazard to the public health, the public safety, or to the environment, the attorney general or prosecuting attorney need not allege or prove at any stage of the proceeding that long term irreparable damage will occur should the injunction or order not be issued or that the remedy at law is inadequate.
[49-2209, added 1988, ch. 265, sec. 461, p. 817; am. 1990, ch. 191, sec. 1, p. 422.]
(1) (a) Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened leakage, seepage, or other release of hazardous material, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose of any such leakage, seepage or other release, shall be subject to civil liabilities or penalties of any type.
(b) The immunities provided in subsection (3) of section 49-2209, Idaho Code, shall not apply to any person:
Whose act or omission caused in whole or in part such actual or threatened leakage, seepage or other release and would otherwise be liable therefor; or
Who receives compensation, or is an employee of a person who receives compensation for services rendered in connection with the emergency, from a person whose act or omission caused in whole or in part the emergency, other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice.
(c) Nothing in subsection (3) of section 49-2209, Idaho Code, shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person’s gross negligence, or from such person’s reckless, wanton, or intentional misconduct.
(2) Governmental immunity. No cause of action shall accrue against the state of Idaho or any of its political subdivisions or any agency thereof based on negligence in a performance of any of the duties or responsibilities provided under this chapter.
[49-2210, added 1988, ch. 265, sec. 462, p. 819.]
(1) Any person who knowingly makes any materially false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained or used for the purpose of complying with the provisions of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each violation.
(2) Any person who knowingly violates any provision of this chapter or any permit, standard, regulation, condition, or requirement issued or promulgated pursuant to this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each violation.
(3) Any person found guilty of a second offense under this chapter within a period of five (5) years shall be guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000).
(4) An action may be commenced and prosecuted by the attorney general. The director or board shall not be required to initiate or prosecute an administrative action before the attorney general or prosecuting attorney may commence and prosecute a civil action.
[49-2211, added 1988, ch. 265, sec. 463, p. 819.]
Whenever any federal rule or regulation is cited in this chapter and is amended, modified, repealed or recodified, its successor rule or regulation shall govern and be operative.
[49-2212, added 1988, ch. 265, sec. 464, p. 820.]
It shall be unlawful for any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles to sell or enter into a contract to sell motor vehicles, whether patented or unpatented, to any person who is engaged or intends to engage in the business of selling those motor vehicles at retail in this state, on the condition or with an agreement or understanding, either express or implied, that a person engaged in selling motor vehicles at retail shall in any manner finance the purchase or sale of any one or a number of motor vehicles only with or through a designated person or class of persons, or shall sell and assign the conditional sales contracts, chattel mortgages or leases arising from the sale of motor vehicles or any one or a number of motor vehicles only to a designated person or class of persons, when the effect of the condition, agreement or understanding entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the person or class of persons who are designated by virtue of that condition, agreement, or understanding to finance the purchase or sale of motor vehicles, or to purchase conditional sales contracts, chattel mortgages or leases.
Any such condition, agreement or understanding is hereby declared to be void and against the public policy of this state.
[49-2401, added 1988, ch. 265, sec. 467, p. 820.]
Any threat, expressed or implied, made directly or indirectly to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly in the manufacture or wholesale distribution only of motor vehicles, that the person will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, whether patented or unpatented, to a person who is engaged in the business of selling motor vehicles at retail, unless that person finances the purchase or sale of any one or a number of motor vehicles only with or through a designated person or class of persons, or sells and assigns the conditional sales contracts, chattel mortgages or leases arising from his retail sales of motor vehicles, or any one or a number of motor vehicles only to a designated person or class of persons, shall be prima facie evidence of the fact that a person engaged in the manufacture or wholesale distribution only of motor vehicles has sold or intends to sell the same on the condition or with the agreement or understanding prohibited in section 49-2401, Idaho Code.
[49-2402, added 1988, ch. 265, sec. 468, p. 821.]
Any threat, expressed or implied, made directly or indirectly, to any person engaged in the business of selling motor vehicles at retail in this state by any person, or any agent of any such person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles in this state, and is affiliated with or controlled by any person engaged, directly or indirectly in the manufacture or wholesale distribution only of motor vehicles, that the person engaged in the manufacture or distribution shall terminate his contract with or cease to sell motor vehicles to a person engaged in the sale of motor vehicles at retail in this state unless that person finances the purchase or sale of any one or any number of vehicles only with or through a designated person or class of persons, or sells and assigns the conditional sales contracts, chattel mortgages or leases arising from his retail sale of motor vehicles, or any one or any number thereof only to a person engaged in financing the purchase or sale of motor vehicles, or in buying conditional sales contracts, chattel mortgages or leases on motor vehicles, shall be presumed to be made at the direction of and with the authority of the person engaged in the manufacture or distribution of motor vehicles, and shall be prima facie evidence of the fact that the person engaged in the manufacture or wholesale distribution only of motor vehicles has sold or intends to sell them on the condition or with the agreement or understanding prohibited in section 49-2401, Idaho Code.
[49-2403, added 1988, ch. 265, sec. 469, p. 821.]
It shall be unlawful for any person who is engaged, directly or indirectly in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, to pay or give, or contract to pay or give any thing or service of value to any person who is engaged in the business of financing the purchase or sale of motor vehicles, or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state, if the effect of the payment or the giving of a thing or service of value may be to lessen or eliminate competition, or tend to create or create a monopoly in the person or class of persons who receive or accept such thing or service of value.
[49-2404, added 1988, ch. 265, sec. 470, p. 822.]
It shall be unlawful for any person who is engaged in the business of financing the purchase or sale of motor vehicles, or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state, to accept or receive, or contract or agree to accept or receive, either directly or indirectly, any payment, thing, or service of value from any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, if the effect of the acceptance or receipt of a payment, thing, or service of value may be to lessen or eliminate competition, or to create or tend to create a monopoly in the person who accepts or receives the payment, thing, or service of value, or contracts or agrees to accept or receive that thing or service of value.
[49-2405, added 1988, ch. 265, sec. 471, p. 822.]
It shall be unlawful for any person to accept or receive, either directly or indirectly, any payment, thing or service of value, as set forth in section 49-2405, Idaho Code, or contracts, either directly or indirectly, to receive a payment or thing or service of value to finance or attempt to finance the purchase or sale of any motor vehicles, or buy or attempt to buy any conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail in this state.
[49-2406, added 1988, ch. 265, sec. 472, p. 822.]
For a violation of any of the provisions of sections 49-2401 through 49-2406, Idaho Code, by any corporation or association, it shall be the duty of the attorney general of Idaho to institute proper suits of quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privileges and powers exercised by the corporation or association, and for the dissolution of them under the general statutes of this state.
[49-2407, added 1988, ch. 265, sec. 473, p. 823.]
Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises or functions of a corporation in Idaho, violating any of the provisions of sections 49-2401 through 49-2406, Idaho Code, is hereby denied the right and prohibited from doing any business in Idaho, and it shall be the duty of the attorney general to enforce this provision by bringing proper proceedings by injunction or otherwise. The secretary of state is authorized to revoke the license of any corporation or association previously authorized by him to do business in Idaho.
[49-2408, added 1988, ch. 265, sec. 474, p. 823.]
Any person who shall violate any of the provisions of sections 49-2401 through 49-2406, Idaho Code, any person who is a party to any agreement or understanding, or to any contract prescribing any condition prohibited by law and any employee, agent or officer of any person who shall participate, in any manner, in making, executing, enforcing, performing or in urging, aiding, or abetting in the performance of such a contract, condition, agreement or understanding, and any person who shall pay or give or contract to pay or give any thing or service of value prohibited by law, and any person who shall receive or accept or contract to receive or accept any thing or service of value prohibited by law, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or be imprisoned for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment. Each day’s violation of this provision shall constitute a separate offense.
[49-2409, added 1988, ch. 265, sec. 475, p. 823.]
Any contract or agreement in violation of the provisions of sections 49-2401 through 49-2406, Idaho Code, shall be absolutely void and shall not be enforceable either in law or equity.
[49-2410, added 1988, ch. 265, sec. 476, p. 824.]
The provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state.
[49-2411, added 1988, ch. 265, sec. 477, p. 824.]
In addition to the criminal and civil penalties provided, any person who shall be injured in his business or property by any other person by reason of anything forbidden or declared to be unlawful by the provisions of sections 49-2401 through 49-2406, Idaho Code, may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover twice the damages sustained, and the costs of the suit. Whenever it shall appear to the court before which proceedings may be pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where the action is pending, or not.
[49-2412, added 1988, ch. 265, sec. 478, p. 824.]
Every owner of a motor vehicle causing or knowingly permitting a minor under the age of sixteen (16) years to drive the vehicle upon a highway, and any person who gives or furnishes a motor vehicle to a minor under the age of sixteen (16) years, shall be jointly and severally liable with the minor for any damage caused by the negligence of the minor in driving the vehicle.
[49-2416, added 1988, ch. 265, sec. 480, p. 825; am. 1999, ch. 144, sec. 1, p. 415.]
(1) Every owner of a motor vehicle is liable and responsible for the death of or injury to a person or property resulting from negligence in the operation of his motor vehicle, in the business of the owner or otherwise, by any person using or operating the vehicle with the permission, expressed or implied, of the owner, and the negligence of the person shall be imputed to the owner for all purposes of civil damages.
(2) The liability of an owner for imputed negligence imposed by the provisions of this section and not arising through the relationship of principal and agent or master and servant is limited to the amounts set forth under "proof of financial responsibility" in section 49-117, Idaho Code, or the limits of the liability insurance maintained by the owner, whichever is greater.
(3) In any action against an owner for imputed negligence as imposed by the provisions of this section the operator of the vehicle whose negligence is imputed to the owner shall be made a defendant party if personal service of process can be had upon that operator within Idaho. Upon recovery of a judgment, recourse shall first be had against the property of the operator so served.
(4) In the event a recovery is had under the provisions of this section against an owner for imputed negligence the owner is subrogated to all the rights of the person injured and may recover from the operator the total amount of any judgment and costs recovered against the owner. If the bailee of an owner with the permission, expressed or implied, of the owner, permits another to operate the motor vehicle of the owner, then the bailee and the driver shall both be deemed operators of the vehicle of the owner, within the meaning of subsections (3) and (4) of this section.
(5) Where two (2) or more persons are injured or killed in one (1) accident, the owner may settle or pay any bona fide claim for damages arising out of personal injuries or death, whether reduced to a judgment or not, and the payments shall diminish to the extent of the owners’ total liability on account of the accident. Payments so made, aggregating the full sum of fifty thousand dollars ($50,000), shall extinguish all liability of the owner hereunder to the claimants and all other persons on account of the accident. Liability may exist by reason of imputed negligence, pursuant to this section, and not arising through the negligence of the owner nor through the relationship of principal and agent nor master and servant.
(6) If a motor vehicle is sold under a contract of conditional sale whereby the title to the motor vehicle remains in the vendor, the vendor or his assignee shall be deemed an owner within the provisions of this section.
(7) An owner that rents or leases a motor vehicle to a person shall not be liable under the laws of the state of Idaho or a political subdivision thereof, by reason of being the owner of the vehicle, for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease if:
(a) The owner is engaged in the trade or business of renting or leasing motor vehicles; and
(b) There is no negligence or criminal wrongdoing on the part of the owner.
[49-2417, added 1988, ch. 265, sec. 481, p. 825; am. 2007, ch. 307, sec. 2, p. 861.]
Subject to compliance with the motor vehicle laws of Idaho, nonresident owners, operators of, and persons riding in motor vehicles hereby are granted the privilege of using the highways of Idaho.
[49-2420, added 1988, ch. 265, sec. 482, p. 826.]
The operation by any person, either as principal, master, agent, servant or otherwise, of any motor vehicle, whether registered or unregistered, and with or without a license to operate, on any highway in this state, shall be deemed equivalent to an appointment by that person of the secretary of state to be his true and lawful attorney, upon whom may be served all lawful summons and processes in any action or proceeding against him, growing out of any accident or collision in which he, either as principal, master, agent, servant, or otherwise, may be involved while operating, causing or permitting the operation of a motor vehicle upon a highway. The operation shall be signification of an agreement by the person that any summons or process against him which is so served shall be of the same legal force and validity as if served on him personally within Idaho. Service of the processes shall be made by leaving a copy of the process, with a fee of five dollars ($5.00), in the hands of the secretary of state or in his office. The service shall be a sufficient and valid personal service upon that person; provided, notice of the service and a copy of the process is sent by registered mail by the plaintiff to the defendant, and the defendant’s return receipt and plaintiff’s affidavit of compliance are appended to the process and entered as a part of the return. Personal service outside of the state in accordance with the provisions of the laws of Idaho relating to personal service of summons outside of the state shall relieve a plaintiff from mailing copies of the summons or process by registered mail as provided in this section. Service of the process upon a defendant shall not be complete until it is either made by registered mail or by personal service outside of the state. The court in which the action is brought may order continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
[49-2421, added 1988, ch. 265, sec. 483, p. 826.]
The fee of five dollars ($5.00) paid by the plaintiff to the secretary of state and the service shall be taxed in his costs if he prevails in the action.
[49-2422, added 1988, ch. 265, sec. 484, p. 827.]
The secretary of state shall keep a record of all processes, which shall show the day and hour of service.
[49-2423, added 1988, ch. 265, sec. 485, p. 827.]
(1) Every motor vehicle owned by or under control and custody of the state of Idaho, except as provided in subsections (2) and (3) of this section, or in section 49-2427, Idaho Code, shall be indelibly and conspicuously lettered on each side, in plain letters not less than one and one-half (1 1/2) inches high, with the words "State of Idaho" or "Idaho" with the name of the proper department, as defined in section 67-2402, Idaho Code, in each case inserted following either of these words. The words shall be kept clear, distinct and visible at all times. The provisions of this section shall not be applicable to any motor vehicle in the personal service of the governor, except that upon the front doors of any motor vehicle in his personal service there shall be placed the Great Seal of the state of Idaho.
(2) Motor vehicles under the custody and control of the director of the Idaho state police and used for confidential investigative purposes when necessary to enforce the laws of this state or motor vehicles under the custody and control of the director of the department of health and welfare and used for official state business need not be marked as provided in subsection (1) of this section. Any other department, agency, or entity of the state shall apply in writing to the director for permission to use one (1) or more unmarked vehicles for confidential investigative purposes. Permission shall be granted only in writing and upon a finding of good cause.
(3) Motor vehicles under the custody and control of the director of the Idaho department of juvenile corrections, when used for official state business and to enforce laws of the juvenile corrections system, including investigation of juveniles under its purview, need not be marked as provided in subsection (1) of this section.
[49-2426, added 1988, ch. 265, sec. 486, p. 827; am. 1996, ch. 240, sec. 1, p. 771; am. 2000, ch. 469, sec. 122, p. 1583; am. 2002, ch. 29, sec. 1, p. 36.]
Every motor vehicle other than motorcycles, owned by the state of Idaho and used as a state police highway patrol vehicle shall be marked as provided by section 49-2426, Idaho Code, and shall in addition, be painted with a black body and shall be identified in one (1) of the following manners:
(1) By having a white stripe, at least six (6) inches in width, applied completely around the vehicle;
(2) By having a blue light mounted on the top of the vehicle which must be visible from any direction; or
(3) By having two (2) white stripes at least one and one-half (1 1/2) inches in width applied from the center point of the hood across the hood on each side and extending diagonally down to the bottom of the doors on each side of the vehicle. No other state agency, person, or local unit of government shall have any vehicle with a stripe or stripes from the center point of the hood across the hood on each side and extending diagonally down to the bottom of the doors on each side of the vehicles.
[49-2427, added 1988, ch. 265, sec. 487, p. 828; am. 2009, ch. 85, sec. 1, p. 235.]
The following laws and regulations shall not apply to any ridesharing arrangement using a motor vehicle with a seating capacity for not more than fifteen (15) persons, including the driver:
(1) Title 49, Idaho Code, pertaining to the regulation of motor carriers of any kind or description;
(2) Laws and regulations containing insurance requirements that are specifically applicable to motor carriers or commercial vehicles;
(3) Laws imposing a greater standard of care on motor carriers or commercial vehicles than that imposed on other drivers or owners of motor vehicles;
(4) Laws and regulations with equipment requirements and special accident reporting requirements that are specifically applicable to motor carriers or commercial vehicles; and
(5) Laws imposing a tax on fuel purchased in another state by a motor carrier or highway use fees on commercial buses.
[49-2431, added 1988, ch. 265, sec. 488, p. 828; am. 1999, ch. 383, sec. 11, p. 1067.]
Title 72, Idaho Code, providing compensation for workers injured during the course of their employment, shall not apply to a person injured while participating in a ridesharing arrangement between his place of residence and place of employment or termini near those places, provided that if the employer owns, leases or contracts for the motor vehicle used in the arrangement, the provisions of title 72, Idaho Code, shall apply.
[49-2432, added 1988, ch. 265, sec. 489, p. 829.]
(1) An employer shall not be liable for injuries to passengers and other persons resulting from the operation or use of a motor vehicle, not owned, leased or contracted for by the employer, in a ridesharing arrangement.
(2) An employer shall not be liable for injuries to passengers and other persons because he provides information, incentives or otherwise encourages his employees to participate in ridesharing arrangements.
[49-2433, added 1988, ch. 265, sec. 490, p. 829.]
(1) Insurers shall not increase any premium, cancel any policy, nor refuse to insure a vehicle solely because it is used in a ridesharing arrangement.
(2) Provisions in an insurance policy which deny coverage for any motor vehicle used for commercial purposes or as a public or livery conveyance shall not apply to a vehicle used in a ridesharing arrangement.
[49-2434, added 1988, ch. 265, sec. 491, p. 829.]
Ridesharing arrangements using a motor vehicle with a seating capacity for not more than fifteen (15) persons, including the driver, shall be deemed nonprofit even though the driver, owner or lessee receives compensation for operating and maintaining the vehicle and a reasonable amount of compensation for the driver’s services. No household shall operate more than one (1) vehicle with a capacity of seven (7) to fifteen (15) persons in a ridesharing arrangement at one (1) time.
[49-2435, added 1988, ch. 265, sec. 492, p. 830.]
Laws imposing a tax on the sale of goods and services shall not apply to money received by a driver as part of a ridesharing arrangement.
[49-2436, added 1988, ch. 265, sec. 493, p. 830.]
No county, city, or other municipal corporation may impose a tax on, or require a municipal license for a ridesharing arrangement.
[49-2437, added 1988, ch. 265, sec. 494, p. 830.]
The mere fact that an employee participates in any kind of ridesharing arrangement shall not result in the application of chapter 15, title 44, Idaho Code, laws requiring payment of a minimum wage, overtime pay or otherwise regulating the hours a person may work.
[49-2438, added 1988, ch. 265, sec. 495, p. 830.]
Motor vehicles owned or operated by any state or local agency may be used in ridesharing arrangements. Participants in any such ridesharing arrangement shall pay the actual total costs of using the vehicle in that arrangement.
[49-2439, added 1988, ch. 265, sec. 496, p. 830.]
Any Idaho resident may apply to an authorized agent of the department for an identification card. It is prima facie evidence of age when the authorized holder of an identification card exhibits a card that contains information indicating that the person has attained a certain age.
[49-2442, added 1988, ch. 265, sec. 497, p. 831; am. 1990, ch. 45, sec. 38, p. 108; am. 2020, ch. 38, sec. 3, p. 84.]
Application for an identification card must be made in person before an authorized agent of the department. The authorized agent shall obtain the following from the applicant:
(1) The true and full name and Idaho residence address and mailing address, if different, of the applicant;
(2) The identity and date of birth of the applicant pursuant to section 49-2444(6), Idaho Code, and, subject to subsection (6) of this section, other satisfactory evidence of identity acceptable to the authorized agent or the department;
(3) The height and weight of the applicant;
(4) The color of eyes and hair of the applicant;
(5) The applicant’s signature; and
(6) The applicant’s social security number as verified by the social security administration.
(a) The requirement that an applicant provide a social security number as verified by the social security administration shall apply only to applicants who have been assigned a social security number.
(b) An applicant who has not been assigned a social security number shall:
(i) Present written verification from the social security administration that the applicant has not been assigned a social security number; and
(ii) Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and
(iii) Submit such proof as the department may require that the applicant is lawfully present in the United States.
[49-2443, added 1988, ch. 265, sec. 498, p. 831; am. 1989, ch. 88, sec. 57, p. 197; am. 1990, ch. 45, sec. 39, p. 108; am. 1992, ch. 115, sec. 36, p. 378; am. 1992, ch. 118, sec. 2, p. 393; am. 1993, ch. 304, sec. 2, p. 1128; am. 1997, ch. 237, sec. 1, p. 688; am. 1998, ch. 110, sec. 31, p. 413; am. 1998, ch. 248, sec. 3, p. 813; am. 1999, ch. 319, sec. 2, p. 814; am. 2008, ch. 63, sec. 4, p. 163; am. 2020, ch. 38, sec. 4, p. 84; am. 2025, ch. 259, sec. 5, p. 1141.]
(1) The department shall issue a distinguishing identification card that sets forth the information contained in the application in a form as prescribed by the department. All identification cards issued on or after January 1, 1993, shall not contain the applicant’s social security number. An applicant’s social security number shall be exempt from disclosure except for inquiries from agencies or institutions authorized to obtain such information by federal law or regulation, from peace officers, or from jury commissioners. Each card shall have printed on it the applicant’s full name, date of birth, Idaho residence address, sex, weight, height, eye color, and hair color and shall include a distinguishing number assigned to the applicant. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant’s identification card shall contain his or her alternative Idaho mailing address in place of his or her Idaho residence address. Each card shall also have printed on it the name of this state, the date of issuance, and the date of expiration. An identification card shall not be valid until it has been signed on the signature line by the applicant. Each card shall include a color photograph of the applicant, which shall be taken by the examiner at the time of application. The photograph shall be taken without headgear or other clothing or device that disguises or otherwise conceals the face or head of the applicant. A waiver may be granted by the department allowing the applicant to wear headgear or other head covering for medical, religious or safety purposes as long as the face is not disguised or otherwise concealed. At the request of the applicant, an identification card may contain a statement or indication of the medical condition of the applicant.
(2) No person shall receive an identification card unless and until he surrenders to the department all identification cards in his possession issued to him by Idaho or any other jurisdiction, or any driver’s license issued by any other jurisdiction within the United States, or until he executes an affidavit that he does not possess an identification card or any driver’s license.
(3) Identification cards issued to persons under eighteen (18) years of age shall include a notation "under 18 until (month, day, year)," and identification cards issued to persons eighteen (18) years of age to twenty-one (21) years of age shall include a notation "under 21 until (month, day, year)." The nonrefundable fee for a four (4) year identification card issued to persons twenty-one (21) years of age or older shall be fifteen dollars ($15.00), of which ten dollars ($10.00) shall be retained by the county and credited to the current expense fund and five dollars ($5.00) shall be deposited in the state treasury to the credit of the highway distribution account. The nonrefundable fee for identification cards issued to persons under twenty-one (21) years of age shall be ten dollars ($10.00), of which five dollars ($5.00) shall be retained by the authorized issuing agent or, if issued by the county, shall be credited to the current expense fund and five dollars ($5.00) shall be deposited in the state treasury to the credit of the highway distribution account. The nonrefundable fee for an eight (8) year identification card shall be twenty-five dollars ($25.00), of which fifteen dollars ($15.00) shall be retained by the authorized issuing agent or, if issued by the county, shall be credited to the current expense fund and ten dollars ($10.00) shall be deposited in the state treasury to the credit of the highway distribution account. At the option of the applicant, the identification card issued to a person twenty-one (21) years of age or older shall expire either on the card holder’s birthday in the fourth year or the eighth year following issuance of the card, except as otherwise provided in subsection (7) of this section. Every identification card issued to a person under eighteen (18) years of age shall expire five (5) days after the person’s eighteenth birthday, except as otherwise provided in subsection (7) of this section. Every identification card issued to a person eighteen (18) years of age but under twenty-one (21) years of age shall expire five (5) days after the person’s twenty-first birthday, except as otherwise provided in subsection (7) of this section.
(4) Individuals required to register in compliance with section 3 of the federal military selective service act, 50 U.S.C. 451 et seq., as amended, shall be provided an opportunity to fulfill such registration requirements in conjunction with an application for an identification card. Any registration information so supplied shall be transmitted by the department to the selective service system.
(5) Every identification card, except those issued to persons under twenty-one (21) years of age, shall be renewable on or before its expiration, but not more than twenty-five (25) months before, and upon application and payment of the required fee.
(6) The applicant for an identification card must submit proof of identity and citizenship status acceptable to the examiner or the department and date of birth as set forth in a certified copy of his birth certificate or a valid, unexpired passport. If the applicant does not possess a certified copy of his birth certificate or a delayed birth certificate and does not possess a valid, unexpired passport, another government-issued document may be submitted that provides satisfactory evidence of a person’s full legal name and date of birth acceptable to the examiner or the department.
(7) Every identification card issued to a person who is a citizen of the United States shall, where possible, include the notation "USA." Every identification card issued to a person who is not a citizen or permanent legal resident of the United States shall have an expiration date that is the same date as the end of lawful stay in the United States as indicated on documents issued and verified by the department of homeland security; however, the expiration date shall not extend beyond the expiration date for the same category of identification card issued to citizens. Persons whose department of homeland security documents do not state an expiration date shall be issued an identification card with an expiration date of one (1) year from the date of issuance.
(8) When an identification card has been expired for less than twenty-five (25) months, the renewal of the identification card shall start from the original date of expiration, regardless of the year in which the application for renewal is made. If the identification card is expired for more than twenty-five (25) months, the application shall expire, at the option of the applicant, on the applicant’s birthday in the fourth year or the eighth year following reissuance of the identification card, except as otherwise provided in subsection (7) of this section.
(9)(a) If an Idaho identification card has expired or will expire and the identification card holder is temporarily out of state, except on active military duty, the identification card holder may request in writing on a form prescribed by the department an extension of the identification card. The request shall be accompanied by the fee fixed in section 49-306, Idaho Code, and the extension shall be no more than a twelve (12) month period. If the department determines that an extension of the identification card is necessary, it may issue an identification card showing the date to which the expired identification card is extended. Identification card extensions are limited to two (2) consecutive extensions per identification card holder.
(b) Upon returning to the state of Idaho, the identification card holder shall, within ten (10) days, apply for a renewal of the expired identification card and surrender the extended identification card and the expired identification card.
(10) An Idaho identification card issued to any person prior to serving on active duty in the armed forces of the United States, or a member of the immediate family accompanying such a person, if valid and in full force and effect upon entering active duty, shall remain in full force and effect and shall, upon application, be extended for a period of four (4) years as long as active duty continues, and the identification card shall remain in full force and effect sixty (60) days following the date the card holder is released from active duty.
(11) A person possessing an identification card who desires to donate any or all organs or tissue in the event of death, and who has completed a document of gift pursuant to the provisions for donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code, may, at the option of the donor, indicate this desire on the identification card by the imprinting of the word "donor" on the identification card. The provisions of this subsection shall apply to persons possessing an identification card who are fifteen (15) years of age or older but less than eighteen (18) years of age if the requirements provided in chapter 34, title 39, Idaho Code, have been complied with.
(12) A person possessing an identification card or an applicant for an identification card who is a person with a permanent disability may request that the notation "permanently disabled" be imprinted on the identification card, provided the person presents written certification from a licensed physician verifying that the person’s stated impairment qualifies as a permanent disability according to the provisions of section 49-117, Idaho Code.
(13) A person who is a veteran may request that his or her status as such be designated on an identification card at no additional cost. Any such request shall be accompanied by proof of being a current or former member of the United States armed forces. Upon request and submission of satisfactory proof, the department shall indicate such person’s status as a veteran on any identification card issued pursuant to the provisions of this section. Such designation shall be made upon original issuance or renewal of an identification card. Designation shall also be made on any duplicate identification card issued, provided that the fee for such duplicate card is paid in accordance with this section.
(14) Satisfactory proof of being a current or former member of the United States armed forces must be furnished by an applicant to the department before a designation of veteran status will be indicated on any identification card. Acceptable proof shall be a copy of form DD214 or an equivalent document or statement from the department of veterans affairs that identifies a character of service upon separation as "honorable" or "general under honorable conditions."
(15) In the case of a name change, the applicant shall provide legal documentation to verify the change in accordance with department rules.
(16) Whenever any person, after applying for or receiving an identification card, moves from the address shown on the application or on the identification card issued, that person shall, within thirty (30) days, notify the transportation department in writing of the old and new addresses.
(17) The department shall cancel any identification card upon determining that the person was not entitled to the issuance of the identification card or that the person failed to give the required and correct information in his application or committed fraud in making the application. Upon cancellation, the person shall surrender the canceled identification card to the department.
(18) If any person shall fail to return to the department the identification card as required, the department may direct any peace officer to secure its possession and return the identification card to the department.
(19) The department may issue a no-fee identification card to an individual whose driver’s license has been canceled and voluntarily surrendered as provided in section 49-322(5), Idaho Code. The identification card may be renewed at no cost to the applicant as long as the driver’s license remains canceled.
(20) It is an infraction for any person to fail to notify the department of a change of address as required by the provisions of subsection (16) of this section.
(21) The department may issue an initial four (4) year no-fee identification card to an individual who is homeless. The department shall establish a form for verification of homelessness pursuant to this section. Such form shall require the signature of an outreach worker or service worker verifying that the individual is homeless and attesting to the individual’s residency at an Idaho relief agency or shelter. An applicant issued an identification card under the provisions of this subsection shall be entitled to one (1) free replacement. Subsequent replacements and renewals of this identification card will be subject to the fees imposed in this section.
(22) The department shall issue a four (4) year no-fee identification card to any individual eighteen (18) years of age or older who indicates on the application that an identification card is needed to comply with voter registration or voting requirements. An applicant issued an identification card under this subsection shall be entitled to one (1) free replacement. Such applicants are entitled to no-fee renewals as long as the applicant meets the requirements of this subsection at the time of renewal.
[49-2444, added 1988, ch. 265, sec. 499, p. 831; am. 1989, ch. 310, sec. 30, p. 803; am. 1990, ch. 45, sec. 40, p. 109; am. 1991, ch. 203, sec. 2, p. 483; am. 1992, ch. 115, sec. 37, p. 378; am. 1992, ch. 118, sec. 3. p. 394; am. 1994, ch. 85, sec. 2, p. 201; am. 1998, ch. 110, sec. 32, p. 414; am. 1999, ch. 79, sec. 2, p. 226; am. 1999, ch. 81, sec. 21, p. 263; am. 1999, ch. 317, sec. 3, p. 802; am. 1999, ch. 318, sec. 4, p. 809; am. 2000, ch. 56, sec. 3, p. 118; am. 2000, ch. 304, sec. 3 and 4, p. 1037 and 1038; am. 2001, ch. 74, sec. 9, p. 179; am. 2001, ch. 332, sec. 5, p. 1171; am. 2002, ch. 161, sec. 2, p. 478; am. 2002, ch. 171, sec. 18, p. 503; am. 2006, ch. 265, sec. 5, p. 824; am. 2008, ch. 63, sec. 5, p. 164; am. 2009, ch. 331, sec. 8, p. 959; am. 2010, ch. 225, sec. 7, p. 514; am. 2011, ch. 60, sec. 7, p. 134; am. 2012, ch. 32, sec. 3, p. 100; am. 2013, ch. 92, sec. 2, p. 226; am. 2019, ch. 48, sec. 2, p. 131; am. 2020, ch. 38, sec. 5, p. 85; am. 2021, ch. 294, sec. 2, p. 891; am. 2022, ch. 53, sec. 1, p. 173; am. 2022, ch. 217, sec. 4, p. 706; am. 2023, ch. 218, sec. 14, p. 617; am. 2023, ch. 293, sec. 8, p. 892; am. 2024, ch. 31, sec. 1, p. 224; am. 2025, ch. 259, sec. 6, p. 1141.]
Application for a duplicate identification card shall be made in the same manner as required in section 49-2443, Idaho Code, and the fee for a duplicate shall be the same as provided for the original card.
[49-2445, added 1988, ch. 265, sec. 500, p. 831.]
It is unlawful for any person to fraudulently misrepresent his age to any dispenser of intoxicating or alcoholic beverages or to falsely procure an identification card, or to alter any of the statements contained in the identification card, or to manufacture, produce, sell, offer for sale, or transfer to another person any document purporting to be a certificate of birth or identification card.
In addition to the misdemeanor penalties that may be imposed for violation of the provisions of this section, the court upon conviction may enter an order directing the department to suspend the driver’s license, a permit to drive, or any nonresident’s driving privileges for a period of ninety (90) days. A conviction under this section shall not be used as a factor or considered in any manner for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer, nor shall such conviction be grounds for nonrenewal of any insurance policy as provided in section 41-2507, Idaho Code.
[49-2446, added 1988, ch. 265, sec. 501, p. 831; am. 1989, ch. 342, sec. 2, p. 866, am. 1990, ch. 45, sec. 41, p. 109.]
(1) There is hereby created in the state treasury the organ donation contribution fund, the moneys of which shall be continuously appropriated.
(2) The Idaho transportation department through the division of motor vehicles shall:
(a) Administer the moneys deposited in the organ donation contribution fund;
(b) Distribute moneys in accordance with subsection (5) of this section;
(c) Make an annual report to the house of representatives and senate health and welfare committees on revenue collected for the fund and contributions made to the fund; and
(d) Promulgate rules for the distribution of moneys from the fund that are consistent with the purposes of this section.
(3) The organ donation contribution fund shall consist of:
(a) Private contributions;
(b) Donations or grants from public or private entities;
(c) Voluntary donations collected under the provisions of this title; and
(d) Any other moneys approved for the fund by law.
(4) Idle moneys in the fund shall be invested by the treasurer pursuant to section 67-1210, Idaho Code, and moneys earned from such investment shall be credited to the fund.
(5) The moneys in the organ donation contribution fund shall be distributed to intermountain donor services located in Salt Lake City, Utah, and shall be used to assist in maintaining and operating a statewide organ donation registry and provide organ donor awareness education in Idaho.
[49-2447, added 2013, ch. 354, sec. 1, p. 962; am. 2024, ch. 13, sec. 5, p. 127.]
(1) The following provisions of law shall apply to autocycles:
(a) Motorcycle plate and registration tag requirements;
(b) Motorcycle registration requirements. Certification from the national highway traffic safety administration and a manufacturer’s certificate of origin stating that the vehicle meets the federal specifications for a motorcycle shall be required for all autocycles prior to registration;
(c) Motorcycle insurance requirements.
(2) All persons operating autocycles shall be in compliance with the provisions of section 49-301, Idaho Code.
[49-2448, added 2015, ch. 230, sec. 5, p. 726.]
The nonresident violator compact hereinafter called "the compact" is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
NONRESIDENT VIOLATOR COMPACT
ARTICLE I
Findings and Declaration of Policy
(1) The party jurisdictions find that:
(a) In most instances, a motorist who is cited for a traffic violation in a jurisdiction other than his home jurisdiction must post collateral or bond to secure appearance for trial at a later date; or if unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or is taken directly to court for his trial to be held. In some instances, the motorist’s driver’s license may be deposited as collateral to be returned after he has complied with the terms of the citation. The purpose of the practices described is to ensure compliance with the terms of a traffic citation by the motorist who, if permitted to continue on his way after receiving the traffic citation, could return to his home jurisdiction and disregard his duty under the terms of the traffic citation.
(b) A motorist receiving a traffic citation in his home jurisdiction is permitted, except for certain violations, to accept the citation from the officer at the scene of the violation and to immediately continue on his way after promising or being instructed to comply with the terms of the citation.
(c) The practice described in paragraph (a) of this subsection causes unnecessary inconvenience and, at times, a hardship for the motorist who is unable at the time to post collateral, furnish a bond, stand trial or pay the fine, and thus is compelled to remain in custody until some arrangement can be made.
(d) The deposit of a driver’s license as a bail bond, as described in paragraph (a) of this subsection, is viewed with disfavor.
(e) The practices described herein consume an undue amount of law enforcement time.
(2) It is the policy of the party jurisdictions to:
(a) Seek compliance with the laws, ordinances and administrative rules and regulations relating to the operation of motor vehicles in each of the jurisdictions.
(b) Allow motorists to accept a traffic citation for certain violations and proceed on their way without delay whether or not the motorist is a resident of the jurisdiction in which the citation was issued.
(c) Extend cooperation to its fullest extent among the jurisdictions for obtaining compliance with the terms of a traffic citation issued in one jurisdiction to a resident of another jurisdiction.
(d) Maximize effective utilization of law enforcement personnel and assist court systems in the efficient disposition of traffic violations.
(3) The purpose of this compact is to:
(a) Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate the policies enumerated in subsection (2) hereof in a uniform and orderly manner.
(b) Provide for the fair and impartial treatment of traffic violators operating within party jurisdictions in recognition of the motorist’s right of due process and the sovereign status of a party jurisdiction.
ARTICLE II
Definitions
As used in this compact, the following words have the meaning indicated, unless the context requires otherwise:
(1) "Citation" means any summons, ticket or other official document issued by a police officer for a traffic violation containing an order which requires the motorist to respond.
(2) "Collateral" means any cash or other security deposited to secure an appearance for trial, following the issuance by a police officer of a citation for a traffic violation.
(3) "Compliance" means to appear in court or pay the fine and costs specified in the citation or to fulfill an obligation arising from any other option expressly stated upon the citation.
(4) "Court" means a court of law or traffic tribunal.
(5) "Driver’s license" means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.
(6) "Home jurisdiction" means the jurisdiction that issued the driver’s license of the traffic violator.
(7) "Issuing jurisdiction" means the jurisdiction in which the traffic citation was issued to the motorist.
(8) "Jurisdiction" means a state, territory or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, provinces of Canada or other countries.
(9) "Motorist" means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.
(10) "Personal recognizance" means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation.
(11) "Police officer" means any individual authorized by the party jurisdiction to issue a citation for a traffic violation.
(12) "Terms of the citation" mean those options expressly stated upon the citation.
ARTICLE III
Procedure for Issuing Jurisdiction
(1) When issuing a citation for a traffic violation, a police officer shall issue the citation to a motorist who possesses a driver’s license issued by a party jurisdiction and shall not, subject to the exceptions noted in subsection (2) hereof, require the motorist to post collateral to secure appearance, if the officer receives the motorist’s personal recognizance that he will comply with the terms of the citation.
(2) Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it should take place immediately following issuance of the citation.
(3) Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report to the licensing authority of the jurisdiction in which the traffic citation was issued of the failure to comply.
(4) Upon receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist, the information in a form and content as contained in the compact manual.
(5) The licensing authority of the issuing jurisdiction need not suspend the privilege of a motorist for whom a report has been transmitted.
(6) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation if the date of transmission is more than six (6) months after the date on which the traffic citation was issued.
(7) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation where the date of issuance of the citation predates the most recent of the effective dates of entry for the two (2) jurisdictions affected.
ARTICLE IV
Procedure for Home Jurisdiction
(1) Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction’s procedures, to suspend the motorist’s driver’s license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority.
(2) The licensing authority of the home jurisdiction shall maintain a record of actions taken and make reports to issuing jurisdictions as provided in the compact manual.
ARTICLE V
Applicability of Other Laws
Except as expressly required by the provisions of this compact, nothing contained herein shall be construed to affect the right of any party jurisdiction to apply any of its other laws relating to license to drive to any person or circumstance, or to invalidate or prevent any driver license agreement or other cooperative arrangements between a party jurisdiction and a nonparty jurisdiction.
ARTICLE VI
Compact Administrator Procedures
(1) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one (1) representative from each party jurisdiction to be known as the compact administrator. The compact administrator shall be appointed by the jurisdiction executive and will serve and be subject to removal in accordance with the laws of the jurisdiction he represents. A compact administrator may provide for the discharge of his duties and the performance of his functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of his identity has been given to the board.
(2) Each member of the board of compact administrators shall be entitled to one (1) vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor. Action by the board shall be only at a meeting at which a majority of the party jurisdictions are represented.
(3) The board shall elect annually, from its membership, a chairman and vice chairman.
(4) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power to amend and rescind its bylaws.
(5) The board may accept for any of its purposes and functions under this compact, any and all donations, grants of money, equipment, supplies, materials and services, conditional or otherwise, from any jurisdiction, the United States or any other governmental agency, and may receive, utilize and dispose of the same.
(6) The board may contract with, or accept services or personnel from any governmental or intergovernmental agency, person, firm or corporation, or any private nonprofit organization or institution.
(7) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the compact manual.
ARTICLE VII
Entry Into Compact and Withdrawal
(1) This compact shall become effective when it has been adopted by at least two (2) jurisdictions.
(a) Entry into the compact shall be made by a resolution of ratification executed by the authorized officials of the applying jurisdiction and submitted to the chairman of the board.
(b) The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows:
A citation of the authority by which the jurisdiction is empowered to become a party to this compact.
Agreement to comply with the terms and provisions of the compact.
That compact entry is with all jurisdictions then party to the compact and with any jurisdiction that legally becomes a party to the compact.
(c) The effective date of entry shall be specified by the applying jurisdiction, but it shall not be less than sixty (60) days after notice has been given by the chairman of the board of compact administrators or by the secretariat of the board to each party jurisdiction that the resolution from the applying jurisdiction has been received.
(2) A party jurisdiction may withdraw from this compact by official written notice to the other party jurisdictions, but a withdrawal shall not take effect until ninety (90) days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member jurisdiction. No withdrawal shall affect the validity of this compact as to the remaining party jurisdictions.
ARTICLE VIII
Exceptions
The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations or violations of law governing the transportation of hazardous materials.
ARTICLE IX
Amendments to the Compact
(1) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the board of compact administrators and may be initiated by one (1) or more party jurisdictions.
(2) Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective thirty (30) days after the date of the last endorsement.
(3) Failure of a party jurisdiction to respond to the compact chairman within one hundred twenty (120) days after receipt of the proposed amendment shall constitute endorsement.
ARTICLE X
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party jurisdiction or of the United States or the applicability thereof to any government agency, person or circumstance is held invalid, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any jurisdiction party thereto, the compact shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdiction affected as to all severable matters.
[49-2501, added 1991, ch. 91, sec. 1, p. 205.]
(1) "Funeral procession" means two (2) or more vehicles accompanying the body of a deceased person, in the daylight hours, including a funeral lead vehicle or a funeral escort vehicle.
(2) "Funeral lead vehicle" means a motor vehicle, including a funeral hearse, properly equipped, pursuant to section 49-2702, Idaho Code, leading and facilitating the movement of a funeral procession.
(3) "Funeral escort vehicle" means any motor vehicle properly equipped pursuant to section 49-2702, Idaho Code, and which escort facilitates the funeral procession and serves to direct traffic as provided in this section.
(4) Pedestrians and operators of all vehicles, except as stated in subsection (7) of this section, shall yield the right-of-way to any vehicle which is part of a funeral procession being led by a funeral escort vehicle or a funeral lead vehicle.
(5) Whenever the funeral escort vehicle or funeral lead vehicle in a funeral procession enters an intersection, the remainder of the vehicles in such funeral procession may continue to follow the funeral lead vehicle through the intersection, notwithstanding any traffic control device or right-of-way provisions prescribed by statute or local ordinance, provided the operator of each vehicle exercises reasonable care toward any other vehicle or pedestrian on the roadway.
(6) Except as provided in subsection (7) of this section, the driver of a funeral escort vehicle may direct the drivers of other vehicles in a funeral procession to proceed through an intersection or to make turns or other movements despite any official traffic control device. The driver of a funeral escort vehicle may direct and control the drivers of vehicles not in a funeral procession, including those in or approaching an intersection, to stop, proceed, or make turns or other movements without regard to an official traffic control device. Funeral escort vehicles may exceed the speed limit by fifteen (15) miles per hour when overtaking the funeral procession to direct traffic at the next intersection.
(7) Funeral processions shall have the right-of-way at intersections regardless of traffic control devices, subject to the following conditions and exceptions:
(a) Operators of vehicles in a funeral procession shall yield the right-of-way to an approaching emergency vehicle giving an audible or visible signal; and
(b) Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by a police officer.
[49-2701, added 1992, ch. 311, sec. 1, p. 924.]
A funeral escort vehicle or a funeral lead vehicle must be equipped with at least one (1) lighted rotating or oscillating lamp exhibiting a red light or lens visible under normal atmospheric conditions for a distance of five hundred (500) feet from the front of the vehicle. The turn signals must be flashing simultaneously on the first vehicle in procession, but only when such vehicle is in use in the funeral procession.
[49-2702, added 1992, ch. 311, sec. 1, p. 925.]
(1) All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practicable and safe.
(2) Any ordinance, law or regulation requiring that motor vehicles be operated to allow sufficient space between them to enable another vehicle to enter and occupy that space without danger shall not be applicable to vehicles in a funeral procession.
(3) The driver of a motor vehicle in a funeral procession may not drive the vehicle at a speed greater than:
(a) Fifty-five (55) miles per hour on a highway where the posted speed limit is fifty-five (55) miles per hour or more; or
(b) Five (5) miles per hour below the posted speed limit on other streets or roads.
(4) A vehicle being operated in a funeral procession must have its headlights and tail lights illuminated. The turn signals must be flashing simultaneously as warning lights on the vehicle which is the first vehicle in a funeral procession and/or which the driver has reason to believe is the last vehicle in the funeral procession.
[49-2703, added 1992, ch. 311, sec. 1, p. 925.]
The driver of a vehicle that is not part of a funeral procession may not:
(1) Drive between the vehicles forming a funeral procession while they are in motion except when authorized to do so by a police officer or when driving an authorized emergency vehicle emitting an audible or visible signal;
(2) Join a funeral procession to secure the right-of-way as granted in section 49-2701, Idaho Code;
(3) Pass a funeral procession on a multiple lane highway on the procession’s right side unless the funeral procession is in the farthest left lane;
(4) Enter an intersection, even if the driver is facing a green traffic control signal, when a funeral procession is proceeding through a red traffic control signal at that intersection as permitted under section 49-2701, Idaho Code, unless the driver can do so without crossing the path of the funeral procession. If the red signal changes to green while the funeral procession is within the intersection, the driver of a vehicle facing a green signal may proceed subject to the right-of-way of the vehicles participating in a funeral procession.
[49-2704, added 1992, ch. 311, sec. 1, p. 926.]
(1) Liability for any death, personal injury, or property damage suffered by any person in a funeral procession shall not be imposed upon the funeral home and/or duly authorized escort vehicle in charge of the funeral procession, its employees or agents, unless such death, personal injury, or property damage is proximately caused by the negligent or intentional act or omission of an employee or agent of the funeral home and/or duly authorized escort vehicle.
(2) Liability for any death, personal injury, or property damage that results from, is caused by, or arising out of any action or inaction of any operator of a vehicle in a funeral procession under the control of a funeral home and/or duly authorized escort vehicle shall not be imposed upon such funeral home and/or duly authorized escort vehicle, its employees or agents, unless the death, personal injury, or property damage is proximately caused by the negligent or intentional act or omission of an employee or agent of the funeral home and/or duly authorized escort vehicle.
(3) The operator of a vehicle in a funeral procession shall not be deemed to be an agent of the funeral home and/or duly authorized escort vehicle unless such operator is an employee of the funeral home and/or duly authorized escort vehicle and acting in the course of his employment, or unless such operator was retained as in independent contractor of the funeral home and is performing services pursuant thereto.
[49-2705, added 1992, ch. 311, sec. 1, p. 926.]
Any person who intentionally and knowingly violates the provisions of section 49-2701(4) or 49-2704, Idaho Code, shall be guilty of a misdemeanor. Any other violation of the provisions of this chapter shall be an infraction.
[49-2706, added 1992, ch. 311, sec. 1, p. 926; am. 2017, ch. 170, sec. 1, p. 393.]
(1) The Idaho rural economic development and integrated freight transportation program is hereby established. The Idaho department of agriculture is designated and authorized to administer the rural economic development and integrated freight transportation program.
(2) State funding for rural freight transportation service projects shall benefit the state’s interest by assisting businesses and industries to develop and expand their operations in shipping freight and products to market. The state’s interest is served by maintaining competitive transportation services for Idaho freight shippers, reducing public roadway maintenance and repair costs, increasing economic development opportunities, increasing domestic and international trade, creating and preserving jobs, and enhancing safety. State funding for projects is contingent upon appropriate private sector partnerships with state and local governments, participation and cooperation. Before recommending the spending of these dedicated state moneys on intermodal projects, the Idaho department of agriculture shall seek federal, local and private funding and participation to the greatest extent possible. Whenever possible, the department shall seek to assist a private sector solution for the implementation of this chapter.
[49-2901, added 2001, ch. 348, sec. 2, p. 1225; am. 2006, ch. 413, sec. 2, p. 1252; am. 2007, ch. 339, sec. 1, p. 990; am. 2007, ch. 360, sec. 15, p. 1075.]
(1) An interagency working group is hereby created to advise the department of agriculture on issues and policies in support of the department of agriculture’s administration of the rural economic development and integrated freight transportation program established in section 49-2901, Idaho Code. The interagency working group shall participate in planning and identifying program needs and shall carry out its duties specified in section 49-2903, Idaho Code. Before recommending state funding, using state dedicated funds, and recommending priorities, the interagency working group shall seek pertinent information, facts and data from state and local governments, and agencies regarding rural freight transportation issues.
(2) The interagency working group shall be composed of eight (8) members:
(a) Four (4) members shall be appointed by the director of the Idaho transportation department, two (2) of whom shall be employees of the Idaho transportation department with a working knowledge of rail and truck freight transportation and intermodal entities, one (1) member, not a state employee, shall represent freight shipping interests, and one (1) member shall be a representative from the local highway technical assistance council;
(b) Three (3) members shall be appointed by the director of the department of agriculture, two (2) of whom shall be employees of the department of agriculture with a working knowledge of economic development issues, and one (1) member, not a state employee, shall represent business development and financing interests; and
(c) One (1) member shall be appointed by the director of the department of commerce and shall be an employee with knowledge of rural economic development issues.
(d) At the beginning of each state fiscal year, the director of the Idaho transportation department shall designate one (1) of his appointees as cochairman, and the director of the department of agriculture shall designate one (1) of his appointees as cochairman.
(e) Each member appointed shall serve at the pleasure of the appointing authority, provided however, the service of state employee members shall run concurrently with their state employment. Nonstate employee members shall serve one (1) term of five (5) years, but may be appointed to serve nonconsecutive terms, and shall be reimbursed according to the provisions of section 59-509(b), Idaho Code.
(f) The interagency working group shall meet at such times as necessary and appropriate to review applications for funds distributed pursuant to the provisions of this chapter, but not less frequently than annually.
(3) The department of agriculture shall determine and provide for amounts appropriated to the fund, from interest only an annual amount not to exceed three percent (3%) of total assets for planning and operating expenses and staff assistance and support from the department of agriculture and the Idaho transportation department in order to administer the program, and to administer the fund established in section 49-2904, Idaho Code.
[49-2902, added 2006, ch. 413, sec. 3, p. 1252; am. 2007, ch. 339, sec. 2, p. 991; am. 2007, ch. 360, sec. 16, p. 1075; am. 2008, ch. 27, sec. 11, p. 51; am. 2008, ch. 153, sec. 1, p. 443; am. 2009, ch. 198, sec. 1, p. 635.]
(1) The interagency working group shall provide recommendations to the department of agriculture in order for that department to establish criteria for evaluating intermodal projects of significance to the state, and the interagency working group shall continue to monitor projects for which it provides assistance to the department of agriculture.
(2) The interagency working group shall provide recommendations to the department of agriculture in order for the department to develop criteria for prioritizing freight rail and intermodal projects that meet the minimum eligibility requirements for state financial support from the revolving loan fund created in section 49-2904, Idaho Code. Project criteria should consider the level of local financial commitment to the project as well as the cost/benefit ratio. Railroads, shippers, intermodal commerce authorities as defined in chapter 22, title 70, Idaho Code, and others who benefit from the project should participate financially to the greatest extent practicable.
(3) The interagency working group shall provide the assistance necessary for the department to ensure that the state maintains a contingent interest in any equipment, property, rail line, or facility that has outstanding grants or loans. The owner of a qualified line as defined in section 49-2904, Idaho Code, shall not use the line as collateral, remove track, bridges or associated elements for salvage, or use it in any other manner subordinating the state’s interest until any loan made to the owner pursuant to this chapter has been repaid in full. As the state is not a primary lender of money, it is understood the state may need to take a subordinate position for its contingent interest.
[(49-2903) 49-2902, added 2001, ch. 348, sec. 2, p. 1225; am. and redesig. 2006, ch. 413, sec. 4, p. 1253; am. 2007, ch. 339, sec. 3, p. 992; am. 2007, ch. 360; sec. 17, p. 1076; am. 2008, ch. 27, sec. 12, p. 52.]
(1) The rural economic development and integrated freight transportation revolving loan fund is hereby created in the state treasury. The department of agriculture is authorized to administer the rural economic development and integrated freight transportation revolving loan fund. Moneys in the fund shall be used only for the purposes specified in this chapter. Surplus moneys in the fund shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other surplus or idle moneys in the state treasury. Interest earned on the investments shall be returned to the rural economic development and integrated freight transportation revolving loan fund.
(2) Moneys in the fund are subject to appropriation and may consist of appropriations, grants, repayment of loans and other revenues from any other sources.
(3) Moneys in the fund may be used for loans or grants for qualified rural projects for the development and preservation of intermodal rail and truck services and facilities upon terms and conditions to be determined by the department of agriculture with the assistance and advice of the interagency working group as appropriate, for the purpose of:
(a) Rehabilitating, or improving rail lines to preserve essential local rail service;
(b) Purchasing or rehabilitating railroad equipment necessary to maintain essential rail service;
(c) Construction of loading or reloading facilities or other capital improvements including building or improving local transportation infrastructure, to increase business and commerce, and to improve shipping service; or
(d) Coordinating intermodal truck and rail traffic for integrated rural freight transportation.
(4) For the purposes of this chapter, "qualified lines" means class III short lines, branch lines of class I railroads leased or operated by a class III railroad, branch lines of class II railroads, and lines owned by public entities including port districts and intermodal commerce authorities. Definitions of class I, II and III railroads shall be as defined by the federal railroad administration.
(5) Moneys received by the department of agriculture from loan payments or other revenues shall be redeposited in the rural economic development and integrated freight transportation fund. Repayment of loans made under this chapter shall occur within a period as set by the department, but no repayment which exceeds fifteen (15) years shall be allowed. The repayment schedule and rate of interest shall be determined before the moneys are distributed.
(6) Moneys distributed under the provisions of this chapter shall be provided as loans to qualified lines or shippers.
(7) As interest funds allow, authorize matching grants not to exceed one hundred thousand dollars ($100,000) per grant for planning and development of intermodal commerce authorities as provided in chapter 22, title 70, Idaho Code, upon conditions established in subsection (3) of this section.
[(49-2904) 49-2903, added 2001, ch. 348, sec. 2, p. 1226; am. and redesig. 2006, ch. 413, sec. 5, p. 1254; am. 2007, ch. 339, sec. 4, p. 992; am. 2007, ch. 360, sec. 18, p. 1077; am. 2008, ch. 154, sec. 1, p. 444; am. 2009, ch. 92, sec. 1, p. 268.]
(1) The Idaho transportation department shall prepare and periodically update a state rail and intermodal facility system plan, a primary objective of which is to identify, evaluate and encourage the development and preservation of essential rail and truck intermodal services. The plan shall:
(a) Identify and describe the state’s rail system;
(b) Prepare state rail system maps;
(c) Identify and evaluate mainline capacity issues in cooperation with the railroads;
(d) Identify and evaluate rail access and congestion issues;
(e) Identify and evaluate rail commodity flows and traffic types;
(f) Identify lines and corridors that have been rail banked or preserved;
(g) Identify and evaluate other rail and intermodal issues affecting the state’s freight transportation system and regional and local economies;
(h) Identify and evaluate those rail freight lines that are potentially subject to abandonment in the future because of unmet capital needs or other reasons, or have recently been approved for abandonment but the track improvements are still in place;
(i) Whenever possible provide priorities for determining which rail lines or intermodal commerce authorities should receive state support, and provide to the interagency working group supporting information used in establishing such priorities for use by the interagency working group. The priorities should include:
(i) The anticipated benefits to the state and local economy;
(ii) Coordinated freight transportation system including the anticipated cost of road and highway improvements necessitated by the proposed project;
(iii) Establishment of an intermodal facility, if indicated;
(iv) The likelihood the qualified line receiving funding can meet operating costs from freight charges, surcharges on rail traffic and other funds; and
(v) The impact of abandonment or capacity constraints if the project does not obtain state support; and
(j) Identify and describe the state’s intermodal rural rail and truck freight system by:
(i) Preparing state intermodal and regional freight transfer station system maps;
(ii) Identifying and evaluating intermodal and truck and rail freight transfer capacity and coordination issues in cooperation with local government and the railroad and truck interests;
(iii) Identifying and evaluating intermodal and freight transfer access and highway capacity issues; and
(iv) Identifying and evaluating major freight commodity origins, destinations and traffic flows by mode and corridor.
(2) The Idaho transportation department shall provide information to the interagency working group related to the status of the state’s mainline, short line and branch line common carrier railroads through the state rail planning process and various analyses. In addition, the Idaho transportation department shall submit to the interagency working group, its evaluation of alternatives to abandonment prior to federal surface transportation board proceedings, where feasible.
(3) The state rail and intermodal facility system plan may be prepared in conjunction with any rail plan currently prepared by the Idaho transportation department pursuant to other federal rail assistance programs, or which may be enacted, including if applicable, the federal local rail freight assistance program.
(4) The Idaho transportation department shall determine the amount of moneys necessary to prepare and periodically update the state rail plan required by subsection (1) of this section, and communicate that amount to the department of agriculture who shall annually provide to the transportation department moneys in an amount not to exceed one percent (1%) of the total assets in the fund established by section 49-2904, Idaho Code, to prepare and periodically update the state rail plan. The Idaho transportation department is hereby authorized to accumulate these funds not to exceed an aggregate amount of seventy-five thousand dollars ($75,000) for preparing and periodically updating the state rail plan.
[(49-2905) 49-2904, added 2001, ch. 348, sec. 2, p. 1226; am. and redesig. 2006, ch. 413, sec. 6, p. 1255; am. 2007, ch. 339, sec. 5, p. 993; am. 2007, ch. 360, sec. 19, p. 1078; am. 2008, ch. 27, sec. 13, p. 53; am. 2012, ch. 318, sec. 1, p. 872; am. 2013, ch. 78, sec. 1, p. 192.]
This chapter shall be cited as the "Transportation Network Company Services Act."
[49-3701, added 2015, ch. 267, sec. 1, p. 1075.]
It is the intent of the Idaho legislature to regulate the use of transportation network company (TNC) services within the state of Idaho and to promote the safety, reliability and cost-effectiveness of transportation network company (TNC) services, as well as preserve and enhance access to these important transportation options for residents and visitors.
[49-3702, added 2015, ch. 267, sec. 1, p. 1075.]
As used in this chapter, the following terms have the meanings as stated:
(1) "Transportation network company" or "TNC" shall mean an entity operating in Idaho that meets the requirements of this chapter and uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network company drivers. A TNC is not deemed to own, control, operate or manage the vehicles used by TNC drivers, and is not a taxicab association or a for-hire vehicle owner.
(2) "Transportation network company (TNC) driver" shall mean an individual who operates a motor vehicle that is:
(a) Owned, leased or otherwise authorized for use by the individual;
(b) Used by an individual who receives, in exchange for providing the passenger a ride, compensation that exceeds the individual’s cost to provide the ride;
(c) Not a taxicab or for-hire vehicle; and
(d) Used to provide transportation network company services.
(3) "Transportation network company (TNC) services" shall mean transportation of a passenger between points chosen by the passenger and prearranged with a TNC driver through the use of a TNC digital network or software application. TNC services shall begin when a TNC driver accepts a request for transportation received through the TNC’s digital network or software application service, continue while the TNC driver transports the passenger in the TNC driver’s vehicle, and end when the passenger exits the TNC driver’s vehicle. TNC service is not a taxicab, for-hire vehicle or street hail service.
(4) The definitions set forth in this section apply only to this chapter and not to the law of insurance contained in title 41, Idaho Code.
[49-3703, added 2015, ch. 267, sec. 1, p. 1076; am. 2015, ch. 316, sec. 2, p. 1235.]
TNCs or TNC drivers are not common carriers as defined in section 61-113, Idaho Code; they are not motor carriers, nor do they provide taxicab or for-hire vehicle service. In addition, a TNC driver shall not be required to register the vehicle such driver uses for TNC services as a commercial or for-hire vehicle or to obtain a commercial driver’s license.
[49-3704, added 2015, ch. 267, sec. 1, p. 1076.]
The TNC must maintain an agent for service of process in the state of Idaho.
[49-3705, added 2015, ch. 267, sec. 1, p. 1076.]
A TNC may charge a fare for the services provided to passengers; provided that, if a fare is charged, the TNC shall disclose to passengers the fare calculation method on its website or within the software application service. The TNC shall also provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the TNC driver’s vehicle.
[49-3706, added 2015, ch. 267, sec. 1, p. 1076.]
The TNC’s software application or website shall display a picture of the TNC driver, and the license plate number of the motor vehicle utilized for providing the TNC service before the passenger enters the TNC driver’s vehicle.
[49-3707, added 2015, ch. 267, sec. 1, p. 1076.]
TNCs and TNC drivers shall comply with all applicable requirements for insurance imposed by Idaho statutes pertaining to automobile liability insurance in this title and title 41, Idaho Code.
[49-3708, added 2015, ch. 267, sec. 1, p. 1076.]
(1) The TNC shall implement a zero tolerance policy on the illegal use of drugs or the use of alcohol while a TNC driver is providing TNC services or is logged into the TNC’s digital network but is not providing TNC services, and shall provide notice of this policy on its website, as well as procedures to report a complaint about a driver with whom a passenger was matched and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(2) Upon receipt of such passenger complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend such TNC driver’s access to the TNC’s digital platform, and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
(3) The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least two (2) years from the date that a passenger complaint is received by the TNC.
[49-3709, added 2015, ch. 267, sec. 1, p. 1076.]
(1) Prior to permitting an individual to act as a TNC driver on its digital platform, the TNC shall:
(a) Require the individual to submit an application to the TNC, which includes information regarding his or her address, age, driver’s license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the TNC;
(b) Conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include:
(i) Multistate/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and
(ii) National sex offender registry database.
(c) Obtain and review a driving history research report for such individual.
(2) The TNC shall not permit an individual to act as a TNC driver on its digital platform who:
(a) Has had more than three (3) moving violations in the prior three (3) year period, or one (1) major violation in the prior three (3) year period (including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license);
(b) Has been convicted, within the past seven (7) years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, and/or theft, acts of violence, or acts of terror;
(c) Is a match in the national sex offender registry database;
(d) Does not possess a valid driver’s license;
(e) Does not possess proof of registration for the motor vehicle(s) used to provide TNC services;
(f) Does not possess proof of automobile liability insurance for the motor vehicle(s) used to provide TNC services; or
(g) Is not at least nineteen (19) years of age.
[49-3710, added 2015, ch. 267, sec. 1, p. 1077.]
A TNC driver shall exclusively accept rides booked through a TNC’s digital network or software application service and shall not solicit or accept street hails.
[49-3711, added 2015, ch. 267, sec. 1, p. 1077.]
The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify TNC drivers of such policy. TNC drivers shall not solicit or accept cash payments from passengers. Any payment for TNC services shall be made only electronically using the TNC’s digital network or software application.
[49-3712, added 2015, ch. 267, sec. 1, p. 1077.]
(1) The TNC shall adopt a policy of nondiscrimination with respect to passengers and potential passengers and notify TNC drivers of such policy;
(2) TNC drivers shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers;
(3) TNC drivers shall comply with all applicable laws relating to accommodation of service animals;
(4) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities; and
(5) A TNC shall provide passengers an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a TNC cannot arrange wheelchair-accessible TNC service in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.
[49-3713, added 2015, ch. 267, sec. 1, p. 1077.]
A TNC shall maintain:
(1) Individual trip records for at least two (2) years from the date each trip was provided; and
(2) TNC driver records at least until the one (1) year anniversary of the date on which a TNC driver’s activation on the TNC digital network has ended.
[49-3714, added 2015, ch. 267, sec. 1, p. 1078.]
Notwithstanding any other provision of law, except as provided in section 49-3708, Idaho Code, TNCs and TNC drivers are governed exclusively by this chapter. No municipality or other local entity may impose a tax on, or require a license for, a TNC, a TNC driver, or a vehicle used by a TNC driver where such tax or licenses relates to providing TNC services, or subject a TNC to the municipality or other local entity’s rate, entry, operational or other requirements.
[49-3715, added 2015, ch. 267, sec. 1, p. 1078.]
Connect Omnilex to search the legal corpus from your AI assistant.