agency-transportation•Idaho Administrative Code — Transportation, Department of
Idaho Administrative Code — Transportation, Department of
agency-transportationIDAPA (Transportation, Department of)Regulation
IDAPA 39 Transportation, Department of
39.03.08 Rules Governing Self-Propelled Snowplows
IDAPA 39.03.08.000 Legal Authority
The rule is adopted under authority of Sections 40-312 , 49-929, and 49-1004, Idaho Code.(7-1-24)
IDAPA 39.03.08.001 Purpose
This rule is promulgated to state the regulations, safety, and standardizes the lighting systems for overwidth selfpropell ed snowplows operating under special permit authority.(7-1-24)
IDAPA 39.03.08.002 (Reserved)
IDAPA 39.03.08.100 Conditions and Requirements for Operation of Self-Propelled
SNOWPLOWS ON THE STATE HIGHWAY SYSTEM.
01.No Pilot/Escort Vehicles Required.
Self-propelled snowplows utilized to clear roads, streets, and other locations of snow or debris may operate with no escort vehicles required twenty-four (24) hours a day, seven (7) days a week, including holidays.(7-1-24)
02.Warning Flags. An eighteen (18”) inch by eighteen (18”) inch red or fluorescent orange flag will be mounted near the extremities of the blade if it exceeds eight feet six inches (8’6”) inches in width.(7-1-24)
03.Clearance Light or Reflector Requirements. When operating during hours of darkness, a clearance light or a clearance reflector that meets the specifications listed in Sections 49-910 and 49-911, Idaho Code, will be mounted near the extremities of the blade if the blade exceeds eight feet six inches (8’6”) inches in width.
(7-1-24)
04.Headlamps, Turn Signals, and Flashing Lights. Headlamps, turn signals, and flashing lights will be mounted on snow removal equipment at sufficient height to clear all snow removal apparatus.(7-1-24)
05.Visibility Requirements. Flashing identification lights on snow removal equipment will be amber or red colored, and mounted on the cab or truck bed. They will be mounted so as to be visible from the front, amber only in color, and rear, red or amber in color, regardless of vehicle configuration, for example, when the truck bed is raised. Flashing lights will be visible from a distance of not less than one thousand (1,000’) feet in normal sunlight, and not less than two thousand five hundred (2,500’) feet under average visibility conditions at night.(7-1-24)
06.Lights to Meet Idaho Code Requirements. Tail lamps, stop lamps, and clearance lamps on snow removal equipment will meet standards specified in Idaho Code.(7-1-24)
IDAPA 39.03.08.101 (Reserved)
39.03.42 Rules Governing Highway Right-of-Way Encroachments on State Rights-of-Way
IDAPA 39.03.42.000 Legal Authority
The Idaho Transportation Board adopts this rule under the autho rity of Sections 40-310, and 40-312, and per the requirements of Sections 40-311, 40-313, 49-202(19), (23) and (28), and 49-221, Idaho Code.(7-1-24)
IDAPA 39.03.42.001 Purpose
This rule establishes standards for encroachments on state highway rights-of-way.(7-1-24)
IDAPA 39.03.42.002 Administrative Appeal
01.Commencement.
Applicants may appeal denied permits, or permits granted with conditions that the applicant believes to be unreasonable, in writing to the Department’s District Engineer within thirty (30) days of receipt of written notification of the denial or grant of the permit. The appeal process commences on the date the Department’s District office receives written notification of appeal from the applicant.(7-1-24)
02.Process Hold. If at any time during the appeal process it is determined that insufficient documentation was submitted with the appeal, all parties will be notified that the appeal process is placed on hold until the necessary documentation is supplied.(7-1-24)
03.Appeal Process. The District will have thirty (30) working days to review the appeal. If the District Engineer does not rule on the appeal within the thirty (30) day period, the denial of the permit will be deemed overturned and the permit will be issued, or the contested permit conditions stricken. Notice of the decision of the District Engineer will be issued by certified mail within seven (7) days of the ruling. Otherwise, if the District Engineer does not overturn the original denial or strike the contested provisions from the permit, upon receipt of a written request from the applicant within twenty-one (21) days of the date of the denial of the appeal, it will be forwarded to the Department’s legal section to initiate an appeal to the Idaho Transportation Board. The appeal will be processed in accordance with the Idaho Administrative Procedure Act and IDAPA 04.11.01, “Idaho Rules of Administrative Procedure of the Attorney General.”(7-1-24)
IDAPA 39.03.42.003 (Reserved)
IDAPA 39.03.42.010 Definitions
01.Access.
The ability to enter or leave a public highway or highway right-of-way from an abutting private property or another public highway or public highway right-of-way.(7-1-24)
02.ADT. Average Daily Traffic. The total volume of traffic during a given time period in whole days greater than one (1) day and less than one (1) year divided by the number of days within that time period.(7-1-24)
03.Applicant. Agency, owner, or an authorized representative of the property owner, or utility facility applying for a permit to encroach within state highway rights-of-way.(7-1-24)
04.Appraisal. A written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of monetary value for a specific property based on a specific use, as of a specific date, supported by the presentation and analysis of relevant market information.(7-1-24)
05.Approach. A connection between the outside edge of the shoulder or curb line and the abutting property at the highway right-of-way line, intended to provide access to and from said highway and the abutting property. An approach may include a driveway, alley, street, road or highway.(7-1-24)
06.Approach Flare. The approved radius connecting the edge of the approach to the edge of the highway. The term “approach radius” is interchangeable with “approach flare.”(7-1-24)
07.Approach Transition. The area from the edge of an urban approach sloped to match the curb and border area elevations. The term “approach apron” is interchangeable with “approach transition.”(7-1-24)
08.Approach Skew Angle. For all approaches, the angle of deflection between a line perpendicular to the highway centerline and the approach centerline.(7-1-24)
09.Approach Width. The distance between the outside edges of the approach measured perpendicular to the approach centerline along the curb line or the edge of pavement, excluding flares, transitions and radii.
10.Authorized Representative. Any applicant, other than the property owner, having notarized written verification signed by the owner giving authorization to act on the owner’s behalf.(7-1-24)
11.Auxiliary Lane. The portion of the roadway adjoining the traveled way used for speed change, turning, storage for turning, weaving, truck climbing, and other purposes supplementary to through-traffic movement.
12.Border Area. The area between the outside edge of the shoulder or back of curb and the highway right-of way line.(7-1-24)
13.Boulevard Approach. A two-way approach intended for high ADT volumes of large commercial vehicles, having a maximum width of eighty-four (84) feet in which opposing traffic is separated by a raised four (4) foot wide non-traversible median.(7-1-24)
14.Capacity. The maximum number of vehicles that can reasonably be expected to travel along a lane of a highway during a given time period under prevailing roadway and traffic conditions.(7-1-24)
15.Clear Zone. An area outside the traveled way, auxiliary lanes and shoulders that is constructed and maintained as free from physical obstructions as practical, for use as a recovery area by errant vehicles.(7-1-24)
16.Commercial Approach. An approach serving a business or businesses.(7-1-24)
17.Conduit. A tube or trough for receiving and protecting utility-related structures including, but not limited to, electrical wires, fiber optic cable, and fluids.(7-1-24)
18.Construction. The building of new facilities or the modification of existing facilities. Does not include maintenance.(7-1-24)
19.Corner Clearance. The distance along the curb line or outside edge of the shoulder measured from the beginning or end of the intersecting roadway flare to the nearest edge of the adjacent approach, excluding flares or transitions.(7-1-24)
20.Distance Between Approaches. The distance measured along the curb line or outside edge of the shoulder between the nearest edges of adjacent approaches, excluding the flares, transitions or radii.(7-1-24)
21.District Route. A state highway that accommodates trips of limited mobility and provides high levels of access to communities, to include distributing trips to geographical areas and serving major commercial and industrial districts. District routes may provide intra-community continuity and connection, to include local bus routes, but should not be used to provide direct access to residential lots.(7-1-24)
22.Economic Opportunity. Facilitate the increase in Idaho Gross Domestic Product, job creation, increased business, revenue; improve the efficiency in which goods are transported; and reduction in travel times for commuting, commerce, recreation, and tourism.(7-1-24)
23.Emergency. Any unscheduled work required to correct or prevent a hazardous situation that poses an imminent threat to life or property.(7-1-24)
24.Encroachment . Any authorized or unauthorized use of highway right-of-way or the air space im mediately above the highway right-of-way.(7-1-24)
25.Encroachment Permit. Written authorization from the Department to use state highway right-ofway or the airspace above it under the conditions set forth in the permit.(7-1-24)
26.Expressway. A segment of a highway designated by the Idaho Transportation Board for use as a through highway, with partially controlled access, accessible only at locations specified by the Idaho Transportation Department, and characterized by medians, limited at-grade intersections, and high speeds. An existing segment of state highway may only be designated as an expressway if payment is made to adjacent property owners for the restriction of existing access rights.(7-1-24)
27.Fiber Optic Cable. A cable containing one (1) or more glass or plastic fibers that has the ability to transmit light along its axis.(7-1-24)
28.Field Approach. An approach that serves only non-residential agricultural property, including farmyards.(7-1-24)
29.Flare Tangent Distance. The distance of the approach radius measured along the edge of pavement.(7-1-24)
30.Freeway. A segment of a highway designated by the Idaho Transportation Board for use as a through highway, with fully controlled access, accessible only by interchanges (ramps), and characterized by medians, grade separations at cross roads, and ramp connections for entrance to and exit from the traveled way. An existing non-Interstate segment of state highway may only be designated as a freeway if payment is made to adjacent property owners for the restriction of existing access rights.(7-1-24)
31.Frontage Road. A road auxiliary to and located to the side of the highway for service to abutting properties and adjacent areas for the purpose of controlling access to the highway.(7-1-24)
32.Frontage Boundary Line. A line perpendicular to the highway centerline that begins at the point of intersection of the abutting property line and the highway right-of-way line.(7-1-24)
33.Full Control of Access. Any section of a highway system where access is prohibited except for interchange connections.(7-1-24)
34.Highway Right-of-Way. Property used for highway purposes, open to the public, and under the jurisdiction of a government agency. Such property may be owned by the government agency in fee simple or be subject to an easement for highway purposes.(7-1-24)
35.Imminent Threat. Includes major traffic control deficiencies or safety situations that are likely to result in serious injury or loss of life.(7-1-24)
36.Interstate Highway. As identified by federal code, a segment of the Dwight D. Eisenhower National System of Interstate and Defense Highways consisting of an FHWA-approved freeway.(7-1-24)
37.Joint-Use Approach. An approach constructed at a common boundary between adjacent properties that abut the highway. A joint-use approach is equally owned and shared as common access by both property owners.(7-1-24)
38.Loaded Payroll Rate. A rate of compensation that includes hourly wages plus the associated employer overhead and benefit costs.(7-1-24)
39.Local Highway Agency. Any city, county, highway district or other local board or body having authority to enact regulations, resolutions, or ordinances relating to traffic on the highways, highway rights-of-way and streets within their respective jurisdiction.(7-1-24)
40.Local Road.
A city, county or highway district highway whose primary function is to provide access to adjacent properties.(7-1-24)
41.Median. The portion of a divided highway or approach that separates opposing traveled ways.
Medians may be raised, flush, or depressed relative to the roadway surface, and may be landscaped or paved.
42.Median Opening. A paved area bisecting opposite directions of a divided roadway that is designed to permit traffic to cross at least one (1) direction of travel.(7-1-24)
43.MUTCD. The Manual on Uniform Traffic Control Devices for Streets and Highways, latest edition, as adopted by the Idaho Transportation Board in accordance with Section 49-201(3), Idaho Code. A manual written by the Federal Highway Administration that sets national minimum standards for signing, striping, and traffic control devices.(7-1-24)
44.Permittee. Person or persons, utility facilities, and other agencies granted permission to encroach within the highway right-of-way for authorized purposes other than normal travel.(7-1-24)
45.Private Approach. Every privately owned traveled way that is used for ingress to and egress from the highway right-of-way and an abutting property.(7-1-24)
46.Property Line Clearance. The distance measured along the curb line or outside shoulder edge from the frontage boundary line to the nearest edge of the approach width, excluding flares, transitions and radii.
47.Public Approach. Any approach that serves the public without restriction and is maintained by a government agency.(7-1-24)
48.Regional Route. A state highway that accommodates trips of moderate length with a lower level of mobility than a Statewide Route and that provides moderate access to communities, to include providing mobility for people and freight through and between communities and major activity centers of the region.(7-1-24)
49.Roadside. Any area beyond the main traveled way that may or may not be within the highway right-of-way.(7-1-24)
50.Roadway. That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms and other portions of the rights-of-way.(7-1-24)
51.Rural. State highway rights-of-way and right-of-way corridors outside the limits of Urban and Transitional areas.(7-1-24)
52.Setback. The horizontal distance between the highway right-of-way line and permanent fixtures, including but not limited to gas pump islands, signs, display stands and buildings, measured at right angles to the highway centerline.(7-1-24)
53.Shoulder. The portion of the right-of-way contiguous with the traveled way that accommodates stopped vehicles, emergency use, and lateral support of the sub-base, base, and surface courses.(7-1-24)
54.Signal Spacing. The distance between signalized intersections measured from the center of intersection to the center of intersection.(7-1-24)
55.Slope. Slope is expressed as a non-dimensional ratio between vertical and horizontal distance. For side slopes, the vertical component is shown first, then the horizontal.(7-1-24)
56.Speed. The rate of vehicular travel as measured in miles per hour. All speeds used in this document will be the eighty-fifth percentile speed as determined by an engineering study. (7-1-24)
57.State Highway System . The principal highway corridors in the state, including connections and exten sions through cities and roads to every county seat in the state, as approved by the Idaho Transportation Board and officially designated as a state highway.(7-1-24)
58.Statewide Route. A state highway that provides the highest level of mobility and speeds over long distances. Access from a statewide route to communities and major activity centers should be by way of public roads with spacing that supports mobility and speed.(7-1-24)
59.Stopping Sight Distance. The sum of:(7-1-24)
a.The brake reaction distance, which is the distance traveled by the vehicle from the instant the driver perceives an object necessitating a stop, to the moment the brakes are applied; and(7-1-24)
b.The braking distance, which is the distance the vehicle travels from the moment the brakes are applied until the vehicle comes to a complete stop.(7-1-24)
60.Structure. Includes, but is not limited to, bridges, culverts, siphons, headwalls, retaining walls, buildings and any incidental construction not otherwise defined herein.(7-1-24)
61.Subdivision. A division of real property into three (3) or more separately platted parcels. (7-1-24)
62.Temporary Encroachment. Any encroachment that is not approved as a permanent placement within the highway right-of-way.(7-1-24)
63.Traffic Control Device. Any marking or device whether manually, electronically, or mechanically operated, placed or erected by an authority of a government agency or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.(7-1-24)
64.Traffic Impact Study. A comprehensive analysis of the anticipated transportation network conditions with and without an applicant’s proposed new or modified access, including an analysis of mitigation measures.(7-1-24)
65.Transitional. State highway rights-of-way and right-of-way corridors within the area of city impact of any incorporated city, or areas designated as an area of city impact by city or county comprehensive plans.
66.Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders.
67.Travel Lane. That portion of the traveled way designated for use by a single line of vehicles.
68.Trenching. A method in which access is gained by excavation from ground level to the required underground depth for the installation, maintenance, removal, or inspection of a cable, casing, conduit or pipe. The excavation is then back filled with approved material and the surface is then returned to a condition specified by the Department.(7-1-24)
69.Turnouts. Roadside areas immediately adjacent to highways which may be utilized by vehicles for purposes of short-term parking or turning. They are extensions of the traveled way.(7-1-24)
70.Unauthorized Encroachment. Any encroachment that has been placed, modified, or maintained, or removed within the highway right-of-way without authorization by the Department.(7-1-24)
71.Urban. State highway rights-of-way and right-of-way corridors within the limits of any incorporated city.(7-1-24)
72.Utility Facility. All privately, publicly or cooperatively owned systems used for the production, transmission, or distribution of communications, cable televi sion, power, electricity, light, heat, petroleum products, ore, water, steam, waste, irrigation, storm water not connected with highway drainage, and other similar items, including communication towers, guy wires, fire and police signal systems, and street lighting systems, that directly or indirectly serve the public or comprise part of the distribution systems which directly or indirectly serve the public.
73.Utility Locating Service. Any locally or regionally recognized service that locates and maintains records of existing utility facilities.(7-1-24)
74.Vision Triangle. An area delineated by extending perpendicular lines along the face of curb or edge of pavement from their point of intersection forty (40) feet in either direction and by a height between three (3) feet and ten (10) feet above the existing centerline highway elevation.(7-1-24)
75.Volume. The number of vehicles estimated to use a certain type of travel lane during a twelvemonth period. A highway with “high” volumes is at or near capacity; a highway with “medium” volumes is at or near fifty percent (50%) of capacity.(7-1-24)
76.Warrant. An evaluation of need based on an engineering study.(7-1-24)
IDAPA 39.03.42.011 (Reserved)
IDAPA 39.03.42.100 General
01.Access Control.
a.The Department will retain the authority to issue all encroachment permits on the State Highway System.(7-1-24)
b.No change may be made to the control of access on any Interstate Highway without the approval of the Idaho Transportation Board and Federal Highway Administration (FHWA).(7-1-24)
02.Safety Requirements.(7-1-24)
a.It is the permittee’s responsibility to provide for safe, efficient passage and protection of vehicles, pedestrians, and workers during any permitted work within the highway right-of-way.(7-1-24)
b.The permittee will submit, for Department approval, a traffic control plan for the installation, maintenance, or removal of any state highway right-of-way encroachment. The permittee will provide advance notification to the Department prior to implementing any traffic control.(7-1-24)
c.During the progress of the work, barricades, signs and other traffic control devices will be erected and maintained by the permittee in conformance with the current “Manual on Uniform Traffic Control Devices.” The permittee will be required to meet the minimum requirements of the latest edition of the MUTCD.(7-1-24)
d.All flaggers working on the State Highway System will be certified in or recognized by the state of Idaho. They will carry on their person a current flagger identification card that is recognized by the state of Idaho. All traffic control devices used on the State Highway System will comply with current FHWA crash criteria.(7-1-24)
e.When required, a striping plan for the placement of temporary and permanent pavement markings will accompany the approved permit to use the right-of-way. Materials, placement, and removal of all pavement markings will conform to current Department specifications and standards.(7-1-24)
03.Maintenance of Encroachments. Once an encroachment has been constructed by the permittee to Department standards, maintenance of the encroachment, unless otherwise provided, will be as follows:(7-1-24)
a.Paved public approach - State maintains to the right-of-way line.(7-1-24)
b.Paved private approach - State maintains to end of radii, permittee maintains beyond the radii.
c.Gravel public approach. State installs an asphalt wedge sufficient to protect the roadway pavement edge (three (3) to six (6) feet back from the edge of road for the width of the approach). It is desirable to pave the approach to the right-of-way line when the road is reconstructed. State maintains to the right-of-way line.(7-1-24)
d.Gravel private approach. The permittee maintains beyond the wedge.(7-1-24)
e.Gravel turnouts. State maintains turnouts, other than mailbox turnouts, to the right-of-way line. The permittee maintains mailbox turnouts.(7-1-24)
f.Maintenance of all other encroachments will be the responsibility of the permittee.(7-1-24)
IDAPA 39.03.42.101 (Reserved)
IDAPA 39.03.42.200 Applications and Permits
01.Required.
To help preserve the highways as constructed and provide responsible growth where allowed, any individual, business, or other entity planning to add, modify, change use, relocate, maintain, or remove an encroachment on the state highway or use highway right-of-way for any purpose other than normal travel, will obtain a permit to use state highway right-of-way. Encroachment permits approved by the Department are required for private and public approaches (driveways and streets), utilities and other miscellaneous encroachments. (7-1-24)
02.Work Prior to Approval. No activities will be allowed on State highway rights-of-way until an approved permit has been issued by the Department or a delegated local highway agency. In an emergency, that effects highway operations and motorist safety, approval may be given by the Department or a delegated highway agency in advance of processing the permit.(7-1-24)
03.Local Highway Agency Authority. The department may delegate authority to a local highway agency to issue permits to use state highway rights-of-way if adequate local ordinances are in place and are enforceable. The Department will retain final approval for all permits issued by a local highway agency on the State Highway System.(7-1-24)
04.Administration. Permitting process will be administered by the Department or their delegated representative, within the representative’s respective jurisdiction. Department District offices are located in Coeur d’Alene, Lewiston, Boise, Shoshone, Pocatello and Rigby.(7-1-24)
05.Application Forms. All applications to use State highway right-of-way will be made on approved Department forms.(7-1-24)
06.Applicant to Be Informed. Applicants will be informed of Department policies and regulations concerning encroachments.(7-1-24)
07.Payment for Impacted Highway Features. Applicants will pay for any changes or adjustments of highway features or fixtures brought about by actions, operations or requirements caused by the applicant.(7-1-24)
08.Encroachment Conflicts. Conflicts between proposed encroachments and highway maintenance or construction projects, utilities or other encroachments will be resolved before an application is approved. (7-1-24)
09.Review Process. The review process will commence on the day the applicant submits the signed application and makes payment of the initial application fee(s). If the Department determines there is insufficient documentation to process the application, the process will be placed on hold until such documentation has been received. All applications for encroachment permits will be reviewed and evaluated for current access control requirements, deed restrictions, safety and capacity requirements, design and location standards, or an approved variance of these standards, environmental impacts, location conflicts, long-range planning goals, and the need for an appraisal. A time table for the review process is available at the Idaho Transportation Department Headquarters Office or any District Office.(7-1-24)
10.Department Held Harmless . In accepting an approved permit, the permittee, their successors and assigns, will agree to hold harmless and defend, regardless of outcome, the state from the expenses of and against all suits or claims, including costs, expenses and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of the permittee or its contractor in the design, construction, maintenance or operation of the encroachment.(7-1-24)
11.Permit Requirements. All permits will specify approach location and use, and be accompanied by approved traffic control plans, design details and specifications that address dust control, site reclamation, environmental protection and work site safety. The applicant will be required to submit construction plans stamped by an engineer licensed in the state of Idaho to the Department for approval.(7-1-24)
12.Void Application. Once an application is submitted, if the permitting process is not completed within one (1) year as a result of inactivity on the applicant’s part, the application will be considered void.(7-1-24)
13.Denial of Application. Applications for encroachments not allowed will be verbally denied. If the applicant insists on proceeding with the application, the non-refundable fee will be accepted and a permit denial issued by certified letter. Upon receipt of the denial letter, the applicant can appeal the Department’s action. (7-1-24)
IDAPA 39.03.42.201 Permit Compliance and Expiration
01.Permitted Work. If w ork does not begin immediately, the permittee will notify the Department or local highway agency five (5) working days prior to commencing such work. Local highway agency will promptly notify the Department, when applicable.(7-1-24)
02.Work Site Documents. The permittee or contractor for the permittee, will maintain a copy of the approved permit, all special provisions and any related documents, at the work site while work is in progress.
03.Completion of Work. All permitted work will be completed and available for final inspection within thirty (30) days after construction begins, unless otherwise stated in the special provisions of the permit. If the permitted work is not completed within one (1) year of permit issuance, the permit will be considered void. At the discretion of the Department, a one-time extension not to exceed six (6) months may be granted if requested in writing by the permittee prior to permit expiration. New applications will be required for additional work following permit expiration.(7-1-24)
04.Temporary Encroachments. Temporary encroachment permits will have an effective time period not to exceed one (1) calendar year and will be removed within ten (10) days following permit expiration.(7-1-24)
IDAPA 39.03.42.202 (Reserved)
IDAPA 39.03.42.300 General Regulations for Approaches
01.Required.
All new or additional approaches, or the modification in design or use, relocation or removal of existing approaches require an approved State highway right-of-way use permit and will meet all access control requirements that correspond to the state highway being affected.(7-1-24)
02.General. Requests for approaches will be reviewed and considered for approval based on the needs of the total development, regardless of the number of individual parcels it contains.(7-1-24)
03.Joint-Use Approach. Only an owner of property abutting the state highway right-of-way, or their designated representative, can apply for access. Applications for a joint-use approach that serves two (2) or more abutting properties sharing common boundary lines will be accompanied by a legal recorded joint-use access agreement and will be signed by all deeded owners or authorized representatives.(7-1-24)
04.Applicable Standards. The location, design, and construction of all approaches will comply with Department standards. Information regarding applicable standards is available at Department headquarters and all District offices listed in Subsection 003.01.(7-1-24)
05.Approach Locations. Approaches will be located where the highway alignment and profile meet approved geometric standards, where they do not create undue interference with or hazard to the free movement of normal highway or pedestrian traffic, and where they do not restrict or interfere with the placement or proper function of traffic control signs, signals, lighting or other devices.(7-1-24)
06.Denial of Approach Application. Failure to comply with these requirements may be sufficient cause for the Department to deny an approach application, prohibit specific approach usage, or remove an existing approach.(7-1-24)
07.New Approaches in Highway Construction. Applications for an encroachment located within a state highway construction project will be processed by the Department.(7-1-24)
08.Modification of Approaches by Department. The Department reserves the right to make any modifications, additions, repairs, relocations, or removals to any approach or its appurtenances within the highway right-of-way, when necessary for maintenance, rehabilitation, reconstruction or relocation of the highway and/or to provide proper protection of life and property on, or adjacent to, the highway.(7-1-24)
09.Modification of Approaches by Permittee. Modifications of approach use, construction, or design will include but not be limited to width, grade, surface type, landscaping, and drainage. Such modifications by the permittee require Department approval.(7-1-24)
IDAPA 39.03.42.301 (Reserved)
IDAPA 39.03.42.400 Location and Design Standards for Approaches
01.Required. Location, design, construction and operations of all approaches will comply with current Department geometric standards and design principles.(7-1-24)
02.Guidelines. The following access management guidelines will be considered on all approach applications:(7-1-24)
a.Design approaches for current and future property access requirements; and(7-1-24)
b.Reduce conflicts associated access points through the application of channelization, auxiliary lanes, joint-use approaches, frontage and other local roads, restricted on-street parking and off-street traffic circulation.
03.Signal and Approach Spacing. In order to maintain system capacity, safety and efficiency, maximize signal progression and minimize delays to the traveling public, all approaches and signals will be spaced in accordance with the following standards:(7-1-24)
a.All traffic signal locations will meet Department signal warrant requirements and a signal operational analysis;(7-1-24)
b.Location preference will be given to State highways that meet or may be reasonably expected to meet signal warrants within five (5) years; and(7-1-24)
c.Minimum recommended distances between approaches and signals are as follows:
TABLE 1 – ACCESS SPACING*
HIGHWAY
TYPE
AREA TYPE
Signalized Public (A)
Upstream From Intersection (B)
Downstream From Intersection (C)
Between Accesses Other Than Public Roads (D)
InterstateAll Accessible only by interchanges (ramps) and requires approval by the Board and Federal Highway Administration .
FreewayAllAccessible only by interchanges (ramps).
ExpresswayAllAccessible only at locations specified by the Department.
Statewide Route Rural5,280 ft5,280 ft1,000 ft650 ft650 ft Transitional5,280 ft2,640 ft760 ft500 ft500 ft Urban >35 mph2,640 ft1,320 ft790 ft500 ft500 ft Urban ≤35 mph2,640 ft1,320 ft790 ft250 ft250 ft Regional Route Rural5,280 ft2,640 ft1,000 ft650 ft650 ft Transitional2,640 ft1,320 ft690 ft360 ft360 ft Urban >35 mph2,640 ft660 ft660 ft360 ft360 ft Urban ≤35 mph2,640 ft660 ft660 ft250 ft250 ft District Route Rural2,640 ft1,320 ft760 ft500 ft500 ft Transitional2,640 ft660 ft660 ft360 ft360 ft Urban >35 mph1,320 ft660 ft660 ft360 ft360 ft Urban ≤35 mph1,320 ft660 ft660 ft250 ft250 ft *Distances in table are minimums based on optimal operational and safety conditions such as adequate sight distance and level grade. Definitions of spacing designated by (A), (B), (C), and (D) are represented on Figure 1. ** Where the public road intersection or private access intersection is signalized, the distances in the table are for driveways restricted to right-in/right-out movements only. For unrestricted driveways the minimum distance will be 500 feet from a signalized intersection.
TABLE 1 – ACCESS SPACING*
HIGHWAY
TYPE
AREA TYPE
Signalized Public (A)
Upstream From Intersection (B)
Downstream From Intersection (C)
Between Accesses Other Than Public Roads (D)
Figure 1:
d.The District Engineer will have the authority to deny an encroachment permit or require the applicant to provide a Traffic Impact Study when an on-site review indicates that the optimal conditions (such as sight distance and queue length) assumed in Table 1 do not exist, and that operational or safety problems may result from the encroachment spacing.(7-1-24)
e.The District Engineer will have the authority to approve a decrease in the minimum access spacing distances set forth in Table 1, provided that the basis for any exception is justified and documented. The basis for the exception may include overriding economic opportunity considerations. For any exception that would result in a decrease in access spacing of more than ten percent (10%) of the distances set forth in Table 1, a Traffic Impact Study will be required in order to determine whether auxiliary lanes or other appropriate mitigation must be included in the permit’s conditions.(7-1-24)
f.Unless the requirement is waived by the District Engineer, a Traffic Impact Study will also be required when a new or expanded development seeks direct access to a state highway, and at full build out will generate one hundred (100) or more new trips during the peak hour, the new volume of trips will equal or exceed one thousand (1000) vehicles per day, or the new vehicle volume will result from development that equals or exceeds the threshold values in Table 2. If the District Engineer waives the requirement for a Traffic Impact Study, the basis for such waiver will be justified and documented.(7-1-24)
g.When required, the Traffic Impact Study will document access needs and impacts and whether any highway modifications are necessary to accommodate the new traffic volumes generated by the development. Such modifications could include, for example, turn lanes, additional through lanes, acceleration or deceleration lanes, medians, traffic signals, removal and/or consolidation of existing approaches, approaches limited to right-in/right-out access only, etc.(7-1-24)
h.If a District Engineer denies an encroachment permit application and the denial is appealed to the board, the board or its delegate will have the authority to approve exceptions to the access and signal spacing distances in Table 1 if, in the judgment of the board, overriding economic considerations cause the exceptions to be in the best interests of the public.(7-1-24)
04.Corner Clearance.(7-1-24)
a.Approaches should be located as far as practical from intersections: to preserve visibility at the intersection, to permit safe vehicle movement, and to accommodate the installation of traffic signs, signals and lighting where required.(7-1-24)
b.Approach transitions or flares will not encroach upon curbs or pavement edges forming the corner radii of the intersection.(7-1-24)
c.Minimum corner clearances between signalized and unsignalized urban and rural intersections will comply with current Department standards.(7-1-24)
05.Approach Alignment. Whenever possible, all new or relocated approaches will intersect the state highway at right angles and will be aligned on centerline with existing approaches to facilitate highway safety and the development and use of turn lanes and/or signals. Approach skew angles will be in conformance with current Department standards.(7-1-24)
06.Width and Radius.(7-1-24)
a.An approach will be wide enough to properly serve the anticipated type and volume of traffic.
Minimum widths should be used only when space limitations apply.(7-1-24)
b.An approach that is adjacent to a public alley may include the alley as part of the approach if approved by the local jurisdiction, however, the width of the combined approach will not exceed forty (40) feet.
c.Commercial approaches with volumes exceeding fifty (50) vehicles per hour during a total of any four (4) hours per day should be designed to public road standards.(7-1-24)
d.A Boulevard Approach may be required to improve operation and/or aesthetics of commercial approaches and some public highways, when warranted, by a combination of vehicle length and higher traffic volumes. The approach will be designed to serve the traffic with a right-turn lane, a left-turn lane, a median, and one (1) or more entrance lanes.(7-1-24)
e.Minimum and maximum recommended approach widths and radii are as follows:
Table 2 LAND USE TYPETHRESHOLD VALUE Residential100 Dwelling Units Retail35,000 square feet Office50,000 square feet Industrial70,000 square feet Lodging100 rooms School (K-12)
All (Sections 67-6508 & 67- 6519, Idaho Code)
07.Property Line Clearance.(7-1-24)
a.In curbed sections, there will be a minimum property line clearance of six (6) feet to accommodate approach transitions. Approaches will be constructed so that all approach flares and any extensions of the approach remain within applicant’s property.(7-1-24)
b.In rural or uncurbed sections, property line clearances will be equal to approach radius. Approaches will be constructed so that all approach radii remain within applicant’s property.(7-1-24)
c.Approach transitions or radii may be allowed to abut the adjacent property line when required for proper utilization of property. Joint-use approaches will be required whenever property frontage is insufficient to include full width of the approach, including both radii.(7-1-24)
08.Setback.(7-1-24)
a.Improvements intended to serve patrons on private property adjacent to state highway right-of-way will be setback from the highway right-of-way line so that stopping, standing, parking or maneuvering of vehicles on the right-of-way is not necessary. A minimum setback of fourteen (14) feet from state highway right-of-way line is recommended, unless a greater minimum is established by an engineering study. When an ordinance requires a certain number of parking spaces per square footage of building, the parking spaces will not be included within state highway right-of-way.(7-1-24)
b.Traffic movements into and out of a business will be designed, whenever possible, to utilize existing local roads. Existing approaches along traveled way should serve as exits only from the business onto the state highway. Entrance to the property should be made from a local road.(7-1-24)
09.Sight Distance. Any encroachment, including but not limited to hedges, shrubbery, fences, walls, or other sight obstructions of any nature, that constitutes a traffic hazard within the “vision triangle” of vehicle operators at the intersection of roads with other roads, private approaches, alleys, bike or pedestrian paths, or railroad APPROACH USE < 35 MPH≥ 35 MPHRADII MinimumMaximumMinimumMaximumMinimumMaximum Single Residential, Farmyard, Field 12ft40ft20ft40ft20ft30ft Multiple Residential 28ft40ft28ft40ft20ft30ft (One-Way) 15ft30ft20ft30ft30ft40ft (Two-Way) 25ft40ft25ft40ft30ft40ft Boulevard Approach 84ft84ft84ft84ftContact Department Joint-Use Residential/Farm 25ft40ft25ft40ft20ft30ft Joint-Use 12ft40ft20ft40ft30ft40ft Public Highways28ftN/A28ftN/A30ft50ft crossings will be removed.(7-1-24)
10.Transitions and Flares.(7-1-24)
a.In curb and gutter sections, the transition connecting the edge of the approach to the curb will meet minimum Department standards.(7-1-24)
b.In sections not having a curb and gutter, approach flares should connect the outside edge of the approach to the outside edge of the roadway shoulders and will meet minimum Department standards. The approach flare tangent distance should not exceed twenty (20) feet unless a larger radius is warranted by an engineering study.
c.The distance between approaches will be such that the curb approach transition or radii of the one (1) approach does not encroach upon the transition or radii of the adjacent approach.(7-1-24)
11.Grade.(7-1-24)
a.If the maximum allowable slope is not great enough to bring the approach to the level of the sidewalk or back of curb, a depressed sidewalk should be installed, when required. If sidewalks exist, the connection between the original sidewalk and the depressed sidewalk will be made through a transition area with a slope no steeper than twelve horizontal to one vertical (12:1) from the longitudinal grade of the original sidewalk. All new curbs or sidewalks should be constructed to the line and grade of the existing curb or sidewalk with every effort to construct a sidewalk that is uniformly graded and free of dips.(7-1-24)
b.To accommodate emergency service vehicles, the Department recommends a maximum approach grade of plus or minus ten percent (±10%).(7-1-24)
12.Border Area.(7-1-24)
a.Border area work (including grading, seeding and landscaping) will insure that adequate sight distance, proper drainage, desirable slopes for maintenance operations, and a pleasing appearance are provided. The border area will be free of encroachments and designed as needed to prevent vehicular use through the incorporation of appropriate methods such as ditching, special grading, use of concrete or bituminous curbs, fencing, guard rail, and guide posts. The design or devices should not impair adequate sight distance or constitute a hazard to pedestrians, bicycles, or vehicles.(7-1-24)
b.The maximum slope beyond the outside edge of shoulder, back of curb, or back of sidewalk to the right-of-way line will meet minimum Department standards. The creation of ponds, pools, or drainage/evaporation swales within the highway right-of-way will be prohibited.(7-1-24)
13.Drainage.(7-1-24)
a.All approaches will be graded so that private properties abutting the highway right-of-way do not drain onto the traveled way, do not impair the drainage within the right-of-way, alter the stability of the roadway subgrade or materially alter the drainage of areas adjacent to the right-of-way. Post-development drainage flows will not exceed predevelopment drainage flows.(7-1-24)
b.Cul verts and drop inlets will be installed where required and will be the type and size specified by the Department. Where the border area is regraded, landscaped or reclaimed (seeded), it will have sufficient slope, ditches, culverts, and drop inlets for adequate drainage. Slopes, where practical, should be a six-horizontal-to-one vertical (6:1) maximum.(7-1-24)
14.Base and Surfacing.(7-1-24)
a.It will be the responsibility of the permittee to supply, place and properly compact the approach fill and base material. All base and surfacing materials and compaction requirements will meet minimum Department design and construction standards.(7-1-24)
b.All rural private, commercial and public approaches will be paved to the right-of-way line or to the back of the approach radius. Farmyard and field gravel approaches that are occasionally used will be paved a minimum of five (5) feet from the edge of pavement.(7-1-24)
c.In curb and gutter areas, approaches will be paved to the right-of-way line.(7-1-24)
IDAPA 39.03.42.401 Medians
01.Median Placement.
The placement of medians will meet the following considerations:(7-1-24)
a.Where a traffic engineering study indicates that medians would be beneficial to control access, maintain street capacity, and improve traffic safety.(7-1-24)
b.When medians are selected, non-traversable medians are the preferred median type; however, traversable medians in urban areas may be considered to accommodate emergency vehicles.(7-1-24)
c.Pedestrian/bicycle safety will be given consideration in the choice and design of medians in areas that are frequently used by pedestrians/bicycles.(7-1-24) d.construction requirements for all new or modified public approaches to the state highway right-ofway, including private approaches to subdivisions and businesses, will be reviewed for the need to place medians on the state highway.(7-1-24)
e.Channelization formed by raised curbs, solid painted islands, left turn lanes, or other traffic control installations may be required to create a mandatory right-in/right-out and/or left-in/left-out approach condition.
02.Median Openings. Median openings will be as follows:(7-1-24)
a.Placed on multi-lane state highways at all signalized intersections, at locations which currently meet the criteria for a signal warrant and fulfill traffic signal coordination requirements, at locations that are anticipated to meet future traffic signal considerations, and at locations where there will be no significant reduction in safety or operational efficiency.(7-1-24)
b.Designed with a left turn lane and sufficient storage for left turning traffic.(7-1-24)
c.Median openings allowing U-turns will be provided only at locations having sufficient roadway width.(7-1-24)
IDAPA 39.03.42.402 Auxiliary Lanes
Review Required. Reviews will be conducted to determine th e need to provide turn lanes, deceleration lanes and acceleration lanes on the state highway prior to issuing an approach permit. Consideration of auxiliary lanes will meet the following conditions:(7-1-24)
01.Traffic Engineering Study. A traffic engineering study will be made that considers highway operating speed, traffic volumes, projected turning movement volumes, availability of passing opportunities, sight distance, and collision history.(7-1-24)
02.Auxiliary Lanes to Enhance Roadside Business. Auxiliary lanes will not be constructed to enhance a new roadside business, unless the applicant is willing to pay the full cost.(7-1-24)
03.Auxiliary Lanes Required by Planned Development. Auxiliary lanes required as a result of a planned development, will be paid for by the developer. When the need for an auxiliary lane exists prior to an application for a planned development, the developer may not be required to pay for the lane unless such construction precedes the Department’s construction schedule.(7-1-24)
IDAPA 39.03.42.403 (Reserved)
IDAPA 39.03.42.500 Location and Design Standards for Utilities
01.Approved Permit Required.
An approved right-of-way encroachment permit will be required for all utility encroachments, including new utility installation and the relocation, maintenance, modification, or removal of existing utility facilities prior to the initiation of any work within the state highway right-of-way.(7-1-24)
02.Utility Locations. Final utility locations will be identified on the appropriate roadway and bridge plans.(7-1-24)
03.Interstate Highways. As addressed in the 1996 Telecommunications Act, longitudinal placement of telecommunication utilities in any Interstate right-of-way will require a permit approved by the Department for the installation of utilities. Longitudinal placement of all other utilities in Interstate right-of-way will require a utility permit approved by both the Department and the FHWA.(7-1-24)
04.Utility Maintenance and Emergency Repair. Right-of-way encroachment permits, approved annually by the Department, will be required for all maintenance or emergency repairs of utility facilities. The utility will notify the Department in advance of any work that affects the traveling public.(7-1-24)
05.Conduits Under the Roadway.(7-1-24)
a.Conduits crossing under highways that carry utility structures including, but not limited to, water, sewage, chemicals, electrical wire, and communications cables, will be installed by jacking, driving or boring unless trenching can be justified. Acceptable justification would only be poor soil conditions, such as rock or boulders, inadequate room for a boring pit, or conflicts with other utility lines which cannot be located accurately (gas lines, multiple telephone conduits). If gravel or boulders prevent boring or jacking on the first attempt, at least two (2) other documented attempts should be made at different locations before contacting the District about an alternate installation method, unless the utility can provide documentation from a qualified agency or engineer that indicates the strata is not conducive to boring, driving or jacking. Normally installation of conduit twenty-four (24) inches or less outside diameter should be attempted by jacking, driving or boring before consideration of trenching as an alternative.(7-1-24)
b.The applicant is required to submit for review and approval, a set of construction plans stamped by an engineer licensed in the state of Idaho. The plans will show all details on casing, conduits, bulkheads and placement, vertical and horizontal dimensions of the pit and shoring, method of installing the conduit, drainage, void filling, and traffic control devices. Sluicing or jetting will not be allowed. If required by the engineer, casings should be installed from highway right-of-way line to highway right-of-way line to allow for servicing of the utility facility with minimal disruption to traffic flows. Casings should be installed wherever feasible to allow for placement of multiple conduits.(7-1-24)
c.Conduits under interstate highways will not be installed by cutting through the pavement under any circumstance.(7-1-24)
06.Conduits Attached to Structure . Conduits attached to any structure will meet the following requirements:( 7-1-24)
a.A set of construction plans showing all details and calculations of a crossing or proposed attachments, stamped by an engineer licensed in the state of Idaho, will be submitted to the Department for review and approval at the time of permit application. A copy of the existing structure plans will also be submitted that are marked to show the proposed structure modifications.(7-1-24)
b.Reinforcement will be located prior to the placement of threaded inserts to suspend utilities using a method approved by the Department.(7-1-24)
c.All attaching hardware will be galvanized or coated as directed by the Department.(7-1-24)
d.Bolts for the attachment clamps will be a minimum of one-half (1/2) inch in diameter.(7-1-24)
e.Slip joints will be installed as directed by the Department.(7-1-24)
f.Drilling of any bridge structural element will be prohibited without approval from the Department.
g.Utilities will be attached to bridges in an interior bay, unless interior attachment is not practical due to the bridge diaphragm or end beam construction.(7-1-24)
h.Placing brackets along or around the structure rail is prohibited.(7-1-24)
i.The installing utility will relinquish exclusive rights to future use of a hanger system, once installed. However, the responsibility for required maintenance will remain with the installing utility until the hangar system is placed into a joint-use system. At that time, the responsibility for maintenance will become a shared responsibility.(7-1-24)
j.A set of “as-built” plans for all conduit or utility crossings and structure attachments will be submitted to the Department and the local utility locating service with all details of construction within thirty (30) days of the work completion. All “as-built” plans are required to be stamped by an engineer licensed in the state of Idaho.(7-1-24)
IDAPA 39.03.42.501 (Reserved)
IDAPA 39.03.42.600 Location and Design Standards for Other Encroachments
01.Approved Permit Required.
An approved right-of-way encroachment permit will be required for all portable objects or signs, memorials, urban improvements, landscaping, farming, irrigation or drainage, mailbox stands or turnouts, recreational parking facilities, park-and-ride lots, school bus turnouts, or structures within the state highway right-of-way other than those authorized or installed by the Department, or those which the government entity deems necessary for regulating, warning, and guiding of traffic.(7-1-24)
02.Benches, Planters, and Other Urban Structures. Structures, including protrusions and overhangs, will be a minimum of eighteen (18) inches behind the face of curb. When a structure is within a sidewalk area, at least four (4) feet of unobstructed space will be available for pedestrians.(7-1-24)
03.Overhanging Displays, Canopies and Marquees. In a curb section, encroachments will not extend closer than eighteen (18) inches behind face of curb. In a non-curb section, encroachments supported by a building will not extend more than twelve (12) inches into right-of-way. Signs or displays will be no lower than twelve (12) feet above the sidewalk or ground level. Canopies and marquees will be no lower than eight (8) feet.
04.Landscaping, Farming and Associated Irrigation. Repair of landscaping in the state highway right-of-way will be the responsibility of the permittee, and the Department will not be responsible for, or participate in, any repair or maintenance costs. All requests for landscaping, farming and irrigation will require a review of current access control records for restrictive covenants. Applications may be approved provided the following conditions are met:(7-1-24)
a.Landscaping, farming, and irrigation systems will maintain the structural integrity of the state highway right-of-way. No undercutting of the present highway fill and ballast section nor will access to a state highway from unprotected bare soil be allowed.(7-1-24)
b.Unless otherwise specified, the degree of landscaping will be limited to what is necessary to insure that the appearance of the state highway right-of-way is compatible with the appearance of the surrounding area and will not interfere with public safety and overall maintenance operations.(7-1-24)
c.Landscaping, farming, and irrigation systems will not disturb, obstruct, or add to the normal drainage patterns of the state highway right-of-way. No new ditches will be constructed without prior approval.
d.Landscaping, farming, and irrigation systems will not interfere with utility installations, removals, or operations.(7-1-24)
e.Provisions will be established for the responsibility of future maintenance.(7-1-24)
f.Only planting of forage plants, grasses, flowers, and shrubs with a mature height not to exceed three (3) feet will be allowed within the clear zone of the state highway right-of-way. Type and size of grasses, flowers, and shrubs will be determined by the Department.(7-1-24)
g.No trees will be allowed within the clear zone of the state highway right-of-way.(7-1-24)
h.All work within the highway right-of-way will be required to return the right-of-way to either original condition or to the requirements of the encroachment permit as approved by the Department.(7-1-24)
i.Irrigation systems will be no closer than five (5) feet from the pavement edge and will be adjusted so water does not cover any portion of the highway pavement.(7-1-24)
j.No grading, excavation or other ground disturbing activities will be performed during rainy periods. If work cannot be avoided during rainy periods, the permittee will install check dams or other approved device(s) or structure(s) in drainage channels and provide a sediment retention basin to avoid discharging sediment containing runoff into the drainage system, or any wetlands, or water bodies (streams, rivers, lakes and ponds). No work will be performed in or adjacent to any wetland or water body without providing the Department with copies of the appropriate permits from the Army Corps of Engineers, Idaho Department of Water Resources, and the Idaho Division of Environmental Quality.(7-1-24)
k.All areas within the state highway right-of-way disturbed by construction will be returned to its original condition and reclaimed (re-seeded, fertilized and mulched) as directed by the Department or delegated local highway agency.(7-1-24)
l.Appropriate best management practices to temporarily control erosion and resulting sediment will be used. Typical soil surface protection practices include erosion control blankets, tacified mulches of straw, wood fiber, paper fiber, soil amendments, or rock mulch. Typical sediment control practices may include silt fences, fiber wattles, rock check dams, sediment basins/ponds, inlet culvert risers, and inlet rock filters. For further information on best management practices, contact the Department.(7-1-24)
m.Travel lanes will be kept reasonably free of dirt, rocks and other debris resulting from construction or maintenance of landscaping, farming, or irrigation.(7-1-24)
05.Recreational Parking and Park-and-Ride Lots.(7-1-24)
a.Parking areas will be designed to safely accommodate an adequate number of parking spaces as determined by the Department.(7-1-24)
b.Access points will be located so that adequate sight distance is maintained for the safety of approaching traffic and so that minimal interference with the normal flow of traffic on the traveled way results.
c.Approaches will be constructed in accordance with Department standards.(7-1-24)
d.Installation of fencing and delineation should be considered to restrict ingress and egress locations and widths.(7-1-24)
e.Unrestricted drainage will be provided and will comply with Department standards.(7-1-24)
f.Construction and maintenance of parking areas, including snow removal will be the responsibility of the permittee.(7-1-24)
06.Mailbox Turnouts.(7-1-24)
a.Mailbox turnouts in rural areas may be combined with an adjacent approach or may be independent of the approach. For safety reasons, the mail carrier should be able to stop out of the traveled way whenever possible.
The applicant should be required to construct a mailbox turnout at the same time a mailbox is installed.(7-1-24)
b.Mailbox turnouts and mailbox supports will be constructed in accordance with Department standards. The box-to-post attachments will resist separation when struck by a vehicle. No massive metal, concrete, stone or other hazardous supports will be allowed. Owners of mailboxes that do not meet minimum installation requirements will be notified that correction is required.(7-1-24)
07.School Bus Turnouts.(7-1-24)
a.School bus turnouts will be constructed with sufficient length and width to accommodate bus length and turning maneuvers as determined by the Department.(7-1-24)
b.Turnouts will be located so adequate sight distance is maintained for the safety of approaching traffic and so that minimal interference with the normal flow of traffic on the traveled way results.(7-1-24)
c.All permitted school bus turnouts will include approved advance warning signs installed at Department expense.(7-1-24)
IDAPA 39.03.42.601 (Reserved)
IDAPA 39.03.42.700 Application Fees
01.Fee Administration. Fees for applications for permits will be based on the Department’s cost to produce the permit and administer the program. Fees for permits are not refundable in the event of denial of the permit or in the event the permittee fails to comply with the permit. Applications will not be processed until all applicable permit fees are received.(7-1-24)
02.Fee Schedule. The permit application fees will be as follows:(7-1-24)
a.Approaches:
Land Use CategoryPermit Application Fee Residential, < 100 units (includes farm and field approaches) $50 Residential, ≥ 100 units$100 Retail, < 35,000 sq. ft.$50 Retail, ≥ 35,000 sq. ft.$100 Office, < 50,000 sq. ft. $50 Office, ≥ 50,000 sq. ft. $100 Industrial, < 70,000 sq.ft.$50 Industrial, ≥ 70,000 sq.ft.$100 Lodging, < 100 rooms$50 Lodging, ≥ 100 rooms$100
b.Encroachments other than approaches: fifty dollars ($50).(7-1-24)
c.Utility Permits:(7-1-24)
i.Non-interstate: new, modify, relocate with no prior easement rights, fifty dollars ($50).(7-1-24)
ii.Interstate: fees will be addressed at the time of application.(7-1-24)
iii.Interstate and non-interstate: maintenance or emergency repairs with no prior easement rights - No Charge(7-1-24)
iv.Interstate and non-interstate: new, modify, relocate with prior easement rights within an ITD State highway project) - No Charge.(7-1-24)
03.Miscellaneous Costs. In addition to the application fee, the Department may require payment of costs associated with the following:(7-1-24)
a.Study or appraisal review; or(7-1-24)
b.Appraisal fees required to establish the value of property for new, additional, modification in design or use, or relocation of approaches or other encroachments in a controlled access highway.(7-1-24)
c.Inspection fees may be charged at the discretion of the District Engineer when substantial inspection time will be required to monitor and accept work done within the right-of-way. This includes wages, travel, subsistence and other expenses incurred. The intent is to recover only Department costs. When the inspection fee is to be assessed, it will be stipulated under the application’s special provisions. Travel time in excess of one (1) hour, a loaded payroll rate, vehicle rental cost, subsistence, and other expenses incurred. If additional inspections are required, the permittee will be billed a flat fee as determined by the Department at the time the permit is issued.
d.A performance bond may be required of an applicant at the discretion of the Department. The purpose of this bond is to guarantee completion of the work in accordance with the requirements of the permit. The bond amount should be large enough to cover costs to correct potential damage that might be caused by the permittee.
The bond will be executed by a surety company authorized to conduct business in Idaho.(7-1-24)
e.Construction of highway modifications or improvements, including but not limited to signals, illumination, signs, pavement markings, delineation, guardrail, and culverts;(7-1-24)
f.Changes or adjustments made to highway features or fixtures; or(7-1-24)
g.Expenses relating to photocopying highway plans, permits or related documents.(7-1-24)
04.Waivers. Permit fees may be waived and the justification included with the application for:
a.Approaches resulting from right-of-way negotiations that are included in plans and completed during construction of a highway project.(7-1-24)
b.Government agencies.(7-1-24)
c.Agricultural uses of the right-of-way as included in the right-of-way agreement.(7-1-24)
School (K-12)$100 Land Use CategoryPermit Application Fee
d.Approaches and other encroachments where direct benefit to the Department is gained.(7-1-24)
e.Utility adjustments or relocations per project utility agreement, or requested by the Department, or utility maintenance and emergency repairs.(7-1-24)
IDAPA 39.03.42.701 (Reserved)
IDAPA 39.03.42.800 Unauthorized and Nonstandard Encroachments
01.Compliance. District Engineers will ensure compliance with all applicable laws and Department policies relating to the removal or correction of unauthorized and non-standard encroachments in accordance with Department rules and policies.(7-1-24)
02.Prohibition. Approaches and other encroachments on state highway rights-of-way that are installed without an approved state highway right-of-way permit, or not constructed in accordance with the Department requirements as stated in the permit, or are naturally occurring adjacent to the state highway right-of-way line and create a hazard, are prohibited, may be removed or their use may be suspended until corrective action is taken. The application process will be immediately initiated when applicable or the encroachment removed when such a permit cannot be approved.(7-1-24)
03.Nonstandard Encroachment. When a permitted encroachment does not meet Department standards, the applicant or permittee will be given one (1) month to upgrade the encroachment to the encroachment standards. Encroachments may be removed by the Department and legal action initiated to collect the removal cost.
(Section 40-2319, Idaho Code) The one (1) month period may be shortened if an imminent or immediate threat to the safety of the traveling public is present. Time extensions may be granted by the Department or delegated local highway agency. However, if the permittee does not comply, the permit will be revoked and the encroachment removed.(7-1-24)
04.Encroachment Removal. Any person or entity maintaining an unauthorized encroachment of any kind upon state highway right-of-way will be served, according to law, with a notice to remove the same. Failure to remove the encroachment within forty-eight (48) hours will be followed by a certified letter from the Department requesting removal within ten (10) days. If the encroachment is still not removed, the Department will institute appropriate legal action to have it removed. The Department may take immediate corrective action if an imminent or immediate threat to the safety of the traveling public is present.(7-1-24)
05.Liability of Applicant. The applicant may be held liable for injury or damages caused by the unauthorized or non-standard encroachment. The Department will make no reimbursement for removal of unauthorized or non-standard encroachments nor will compensation be made for any losses that may arise from their removal. The Department may initiate legal action to recover costs for the removal of unauthorized or non-standard encroachments.(7-1-24)
IDAPA 39.03.42.801 Prohibitions
01.Prohibited Uses.
The use of the highway right-of-way or any portion thereof for any of the following uses or purposes will be prohibited:(7-1-24)
a.Mobile stores, mobile lunch wagons or similar businesses that stop vehicles to offer for sale or sell their wares.(7-1-24)
b.Solicitation or sale of any goods or services, attempts to serve, distribute, petition or recruit, and all associated stopping, standing or parking of vehicles (except Department-approved vending privileges in safety rest areas.(7-1-24)
c.The storage of any substance, equipment or material, including but not limited to logs, lumber, supplies or aggregates.(7-1-24)
d.The abandonment of vehicles or other large objects.(7-1-24)
e.Servicing, refueling and repairing of vehicles, except for emergencies.(7-1-24)
f.The placement of portable objects or signs (material or copy), displays, or other unapproved highway fixtures.(7-1-24)
g.Permanent, temporary or mobile structures, manned or unmanned.(7-1-24)
h.Any obstruction that creates a traffic hazard, including trees, shrubbery, fences, walls, non-standard mailbox stands, or other appurtenances.(7-1-24)
i.Signs or displays that resemble, hide or because of their color, interfere with the effectiveness of traffic signals and other traffic control devices.(7-1-24)
02.Encroachment Hazards. Encroachments will not interfere with the safety of the highway or the visibility and effectiveness of traffic control devices, form a wall or building support, obstruct crosswalks or wheelchair ramps, or force pedestrians into the highway.(7-1-24)
IDAPA 39.03.42.802 (Reserved)
39.03.50 Rules Governing Safety Rest Areas
IDAPA 39.03.50.000 Legal Authority
Under the authority of Section 40-312, Idaho Code, the Idaho Transportation Board adopts this rule.(7-1-24)
IDAPA 39.03.50.001 Purpose
The purpose of this rule is to set standards for all persons visiting developed rest areas.(7-1-24)
IDAPA 39.03.50.002 (Reserved)
IDAPA 39.03.50.100 Sanitation
The following acts are not allowed:(7-1-24)
01.Designated Trash Containers. Failing to dispose of all garbage and pet waste in designated trash containers.(7-1-24)
02.Vehicle Refuse or Water. Draining or dumping refuse or waste from any vehicle except in places or receptacles provided.(7-1-24)
03.Water Facilities. Cleaning food, washing clothing or household articles at any water facility.
(7-1-24)
04.Water Systems. Contaminating water used for consumption or water systems used for the delivery of such water.(7-1-24)
05.Comfort Station. Depositing body waste in or on any portion of a comfort station not intended for that purpose.(7-1-24)
06.Dumping. Dumping of household or commercial garbage brought as such into any on-site refuse containers or other refuse facilities.(7-1-24)
IDAPA 39.03.50.101 (Reserved)
IDAPA 39.03.50.200 Public Behavior and Treatment of Public Property
01.Behavior. Indulging in boisterous, dangerous, threatening, conduct or creating noise which interferes with the reasonable use of the area by other visitors.(7-1-24)
02.Treatment of Natural Features or Plants. Destroying or removing any natural feature or plant.
(7-1-24)
03.Treatment of Public Property. Damaging or removing any facility, fixture, sign or marker provided for use of the public or damaging sidewalks or areas intended for motor vehicles.(7-1-24)
04.Soliciting. Offering for sale any merchandise or service other than emergency services for disabled vehicles fire response, ambulance or medical response/transport, or vending machines permitted under the provisions of federal law or federal rule and Section 67-5411, Idaho Code.(7-1-24)
05.Noise Producing Devices. Using any audio devices and other noise producing devices, such as electrical generator plants and equipment driven by motors or engines, in such a manner and at such times so as to disturb other persons.(7-1-24)
06.Fireworks/Incendiary Devices. Discharging fireworks or any other incendiary device. This does not include any automotive safety flares or any other emergency or safety device.(7-1-24)
IDAPA 39.03.50.201 (Reserved)
IDAPA 39.03.50.300 Occupancy of Developed Rest Areas
01.Camping.(7-1-24)
02.Assembling. Assembling except for public service functions by civic, fraternal or religious organizations as approved by the Department.(7-1-24)
03.Time Limits. Occupancy of the rest areas on interstate highways is limited to ten (10) consecutive hours. Occupancy of rest areas on other routes of the State Highway System is limited to sixteen (16) consecutive hours.(7-1-24)
04.Fires.(7-1-24)
05.Failure to Clean. Failing to clean the space occupied before departing.(7-1-24)
06.Animals. Bringing any animal into a rest area unless it is a certified service animal or leashed or otherwise under physical restrictive control at all times.(7-1-24)
IDAPA 39.03.50.301 (Reserved)
IDAPA 39.03.50.400 Vehicles
01.Driving or Parking. Driving or parking a vehicle or trailer except in places developed for such purpose.(7-1-24)
02.Paths/Roads/Trails in Rest Areas. Operating any vehicle on paths, roads, or trails in developed rest areas for any purpose other than entering or leaving the area, unless specifically allowed by signage.(7-1-24)
IDAPA 39.03.50.401 (Reserved)
39.02.22 Rules Governing Registration and Permit Fee Administration and Temporary Vehicle Clearance for Carriers
IDAPA 39.02.22.000 Legal Authority
Sections 49-201, 49-202, 49-434, 49-439 and 49-501, Idaho Code.(3-28-23)
IDAPA 39.02.22.001 Scope
This rule clarifies the procedures for administering registration and permit fees and provides for temporary vehicle clearance (TVC) procedures in Idaho.(3-28-23)
IDAPA 39.02.22.002 (Reserved)
IDAPA 39.02.22.010 Definitions
01.Combination of Vehicles.
A tractor or truck tractor and one (1) or more trailers and/or semitrailers.
02.Nonsufficient Funds (NSF). NSF will be the abbreviation as it pertains to checks written on personal and/or business checking accounts without sufficient funds to cover the check, for payment to the department.(3-28-23)
03.Non-Reducible Load. Defined in IDAPA 39.03.01, Rules Governing Definitions Regarding Special Permits.(3-28-23)
04.Revocation of Registration. The termination of a registrant’s vehicle registrations and authority to operate on Idaho highways for failure to comply with requirements specified by the Department and Idaho Code.
05.Registrant. A person, firm, or corporation in whose name a vehicle or vehicles are registered, with an Idaho account number assigned by the department.(3-28-23)
06.Road Use Fee. The fee per mile paid for non-reducible vehicles or combinations of vehicles hauling non-reducible loads. The fees are based on the number of axles on the vehicle or combination of vehicles and the total gross weight, in addition to the registration fee.(3-28-23)
07.Suspension of Registration. The temporary withdrawal of a registrant’s vehicle registrations and authority to operate on Idaho highways for failure to comply with requirements specified by the Department and Idaho Code.(3-28-23)
IDAPA 39.02.22.011 (Reserved)
IDAPA 39.02.22.200 Installment Payments for Commercial Vehicle Registration
The department offers a Payment Plan for registrants in compliance with Sections 49-434, Idaho Code.(3-28-23)
01.Requirements to Participate in Installment Payments.(3-28-23)
a.Participant must sign participation contract agreement.(3-28-23)
b.Only Full Fee and Idaho IRP registration fees are included in the payment plan. Other jurisdictions’ IRP fees will not be included.(3-28-23)
c.Only full annual registration fees will be included in payment plan. Registrations for less than one full year will not be included.(3-28-23)
d.Vehicles not registered within thirty (30) days after the previous year registration has expired will not be eligible for the installment payment option. Submitted applications for registration that have been invoiced, but not paid for, by the last day of the registration effective month will not be eligible for the installment payment option.
e.Installment contract requirements do not provide opportunity for registrant to opt out of any remaining installment payments. The balance of the payment plan may continue to be paid even if the truck is not being operated.(3-28-23)
f.If registrant meets the criteria in Section 300 of this rule, the prorated portion of the Idaho fee will be credited toward the installment plan or refunded if the plan has been paid in full.(3-28-23)
g.Registrant may not participate in installment payment plan if the registrant’s account has previously been suspended as stated in Subsection 200.06 of this rule.(3-28-23)
h.The contract will stipulate the payment periods and the installment payment vouchers will stipulate the due dates of each subsequent payment.(3-28-23)
i.An installment payment plan fee of fifty dollars ($50) will be required and collected at the time of setup for each installment payment plan created.(3-28-23)
02.Billings, Payments and Due Dates of Installment Plan.(3-28-23)
a.The department will upon acceptance of the contract by the registrant, receive one-quarter of the annual registration fee along with the installment payment plan fee, and then will bill the registrant for three (3) equal installments based upon the previously set payment periods outlined in the contract, which are due by the end of the third, sixth, and ninth months after the effective date of the registration.(3-28-23)
b.Installment payment vouchers will be provided with the initial invoice.(3-28-23)
c.US Postal Service postmark may be used to determine if payment is received on time. If the envelope is postmarked on or before the last day of the month, the payment will be considered “on time.” (3-28-23)
d.If the last day of the month falls on a Saturday, Sunday or legal holiday, the next business day will be considered the due date.(3-28-23)
e.Failure to retain provided payment vouchers does not relieve the burden of the registrant to pay the installment amount by the due date.(3-28-23)
03.Failure to Pay Installment Payment by Due Date.(3-28-23)
a.The department may send out courtesy pre-suspension notices approximately five (5) days after the due date to registrants who have failed to remit payment by the due date printed on the quarterly billing.(3-28-23)
b.The pre-suspension letter will contain a late penalty fee of ten percent (10%) of the amount due and an additional one percent (1%) for each month or portion of a month that the payment is past due.(3-28-23)
c.Registrant will pay installment amount portion that is due, plus assessed penalties and interest.
04.Suspension of Registrant’s Account Due to Non-Payment of Payment Plan. Approximately two (2) weeks after pre-suspension notices are mailed to the registrant, the department may suspend accounts of registrant’s that have failed to remit installment payment and/or interest and penalty.(3-28-23)
05.Reinstatement Fee for Payment Plan Registration.(3-28-23)
a.A forty dollar ($40) reinstatement fee will be applied to all payment plan accounts that have been suspended.(3-28-23) b.
Registrant must pay quarterly payment portion, penal ty and interest, if applicable, and reinstatement fee before suspension will be cleared from account.(3-28-23)
06.Repetitive Suspensions Result.(3-28-23)
a.After the registrant’s account has been suspended for delinquent installment payments two (2) or more times, the registrant will not be allowed to participate in future payment plan programs unless;(3-28-23)
i.Customer has twelve (12) consecutive months of no suspensions related to the account starting from the month the account is cleared; and(3-28-23)
ii.Customer requests in writing to the department to participate in future installment payment plans and will be allowed to do so.(3-28-23)
IDAPA 39.02.22.201 (Reserved)
IDAPA 39.02.22.300 Refunds
01.Fees Eligible for Refund.
Registrants may make a request for refunds if appropriate information is submitted to the Department in the following instances:(3-28-23)
a.Commercial vehicle registration is eligible for refund when the criteria in Section 49-434, Idaho Code, are met.(3-28-23)
b.If account has been overpaid, and no other fees are owed to the department.(3-28-23)
c.Unexpired portion of Idaho based fees are refundable for:(3-28-23)
i.A vehicle that has been sold or repossessed;(3-28-23)
ii.A vehicle that has been damaged beyond repair; or(3-28-23)
iii.A vehicle on which the lease has been terminated.(3-28-23)
iv.Other refund requests will be reviewed and approved or denied on a case by case basis. (3-28-23)
02.Fees Not Eligible for Refunds. Other jurisdiction’s fees are not refundable by Idaho.(3-28-23)
IDAPA 39.02.22.301 (Reserved)
IDAPA 39.02.22.400 Nonsufficient Funds
01.Payment With Insufficient Fund Check. If a customer pays a fee by check and the check is returned to the department as NSF, the transaction will be cancelled. The department reserves the right to not accept checks from a customer who has written two (2) or more NSF checks within four (4) years to the department. That customer will have to pay with cash, or verifiable check, or credit card.(3-28-23)
02.Suspension of Account. The department will suspend the customer's account until the customer has paid the amount of the NSF check, along with the twenty dollar ($20) NSF fee.(3-28-23)
03.No Further Transactions. The department will not complete further transactions with the customer until the customer has paid the amount of the NSF check along with the twenty dollar ($20) NSF fee.
IDAPA 39.02.22.401 (Reserved)
IDAPA 39.02.22.500 Suspension of Registration
The department will suspend the vehicle registration(s) by noti fying the registrant in writing sent via first class prepaid mail to the registrant’s last known address if:(3-28-23)
01.Failure to Comply. The registrant fails to comply with a billing letter requesting payment of fees and penalties.(3-28-23)
02.Non-Filing by the Registrant. The registrant does not file quarterly reports or make installment payments to the department.(3-28-23)
IDAPA 39.02.22.501 Revocation of Registration
The department may revoke the vehicle registration(s) if the reg istrant fails to comply with a suspension notice within fifteen (15) days of receipt of the notice.(3-28-23)
IDAPA 39.02.22.502 Requirements for Reinstatement of Revoked or Suspended Vehicle
REGIS
TRATION.
01.Revocation. In the c ase of a revocation, a registrant must pay all fees due and a forty dollar ($40) reinstatement fee to be reinstated and must also re-register to resume operating.(3-28-23)
02.Suspension. In the case of a suspension all fees, reports, and records required prior to the suspension must be provided to the department, including a forty dollar ($40) reinstatement fee. (3-28-23)
IDAPA 39.02.22.503 Requirements for Collections
All unpaid amounts owed to the department may be sent to an external collection agency. Collection agencies may charge a fee for their efforts in collection of a debt as per Section 67-2358, Idaho Code. Accounts that have been assigned to a collection agency must pay the collection agency all fees due. The department will not accept the payment once assigned to the collection agency.(3-28-23)
IDAPA 39.02.22.504 (Reserved)
IDAPA 39.02.22.600 Enforcement
01.Delayed Movement.
If the registration of a vehicle is suspended the Ports of Entry may delay movement of the vehicle until such time as the registrant complies with the condition(s) that caused the suspension.
02.Revoked Registrations. If a registrant’s registrations are revoked for failure to respond to a suspension notice, the motor vehicle cannot be operated on Idaho highways until the registrant complies with Section 702 of this rule. Registrants with outstanding balances owed to the department or revoked registrations are not eligible to purchase trip permits.(3-28-23)
IDAPA 39.02.22.601 (Reserved)
IDAPA 39.02.22.700 Appeal Procedure
01.Filing of Appeal.
A registrant wishing to contest a penalty or suspension of a registration or an account may file an appeal within ten (10) days of receipt of the notice.(3-28-23)
IDAPA 39.02.22.701 (Reserved)
SUBCHAPTER A – RULES GOVERNING TEMPORARY VEHICLE CLEARANCE FOR CARRIERS
IDAPA 39.02.22.800 Administration
Temporary Vehicle Clearances are valid for a maximum of forty-five (45) days or to the registration year expiration date and may be issued to a carrier whose account is in good standing upon payment of the fee. If self-issued by the carrier online, the temporary vehicle clearance fee is waived.(3-28-23)
IDAPA 39.02.22.801 (Reserved)
IDAPA 39.02.22.900 Issuance of Vehicle Registration (cab Card) and License Plate(s)
01.Issuance of Vehicle Registration & License Plate(s). The vehicle registration and license plate(s) may be issued when:(3-28-23)
a.The online application is received by the Department, all applicable fees are paid and all licensing requirements are met.(3-28-23)
02.Permanent Identification. When all criteria are met, a registration, license plate and sticker (if applicable) will be issued.(3-28-23)
IDAPA 39.02.22.901 (Reserved)
39.02.71 Rules Governing Drivers License Violation Point System
IDAPA 39.02.71.000 Legal Authority
Sections 41-2515, 49-201 and 49-326, Idaho Code.(4-6-23)
IDAPA 39.02.71.001 Scope
These rules establish a driver’s license violation point system for drivers convicted of moving traffic violations and convictions. Subchapter A establishes minimum standards for approval of a motor vehicle accident prevention course.(4-6-23)
IDAPA 39.02.71.002 Administrative Appeals
Administrative appeals under t his chapter will be governed by the rules of administrative procedure of the Attorney General, IDAPA 04.11.01, “Idaho Rules of Administrative Procedure of the Attorney General.”(4-6-23)
IDAPA 39.02.71.003 (Reserved)
IDAPA 39.02.71.100 Violation Point Count System
01.Points for Traffic Violations. Id aho Code authorizes and directs the Department to establish a violation point count system for drivers convicted of various moving traffic violations and infractions occurring either within the state of Idaho, or outside the state of Idaho.(4-6-23)
02.Violation Point Count List. The following violation point count list includes traffic violations in Idaho Code, and the appropriate code section reference. Convictions of traffic violations not herein listed which are violations of a state law or municipal ordinance will receive three (3) violation points, except those for which mandatory withdrawal of driving privileges is required by Idaho Code or the Idaho Code provides a point exemption.
03.Points Assessed. Each traffic violation conviction will be assessed from one (1) point for less serious violations to a maximum of four (4) points for more serious violations. The degree of seriousness of traffic violations has been determined by considering the possibility of bodily injury or property damage resulting from such violation.(4-6-23)
04.Dual Violation. In cases where the driver is convicted of more than one (1) violation arising from one (1) occasion of arrest or citation, only one (1) conviction will be counted and assessed points against the driver’s record. The conviction counted will be the one with the greater amount of points.(4-6-23)
05.Speeding Violation. Drivers convicted of traveling sixteen (16) miles per hour or more over the posted maximum speed limit or exceeding the speed limit in a work zone will receive four (4) points. Driving convictions of other speeding violations will receive three (3) points.(4-6-23)
06.Distracted Driving. A first offense of Section 49-1401A, Idaho Code, will not be assessed points pursuant to code. Subsequent offenses will be assessed points as shown in Section 200. Third and subsequent offenses in a three-year period may also be subject to a court suspension.(4-6-23)
IDAPA 39.02.71.101 (Reserved)
200.LIST OF TRAFFIC CONVICTIONS AND VIOLATION POINT COUNT. 49-603Starting Parked VehicleTwo (2) 49-604Limitations on BackingOne (1) 49-605Driving Upon SidewalkThree (3) 49-606Coasting ProhibitedTwo (2) 49-612Obstruction to Driver's View or Driving MechanismThree (3) 49-614Stopping When Traffic ObstructedOne (1) 49-615Drivers to Exercise Due CareThree (3) 49-616Driving through Safety Zone ProhibitedTwo (2) 49-619Slow Moving VehiclesTwo (2) 49-623(4)Authorized Emergency or Police VehiclesThree (3) 49-624 Duty Upon Approaching a Stationary Police Vehicle or an Emergency Vehicle Displaying Flashing Lights 49-625Operation of Vehicles on Approach of Authorized Emergency or Police VehiclesThree (3) 49-626Following Fire Apparatus ProhibitedThree (3) 49-627Crossing Fire HoseOne(1) 49-630Drive on Right Side of Roadway - ExceptionsThree (3) 49-631Passing Vehicles Proceeding in Opposite DirectionsTwo (2) 49-632Overtaking a Vehicle on LeftThree (3) 49-633When Passing on the Right Is PermittedTwo (2) 49-634Limitations on Overtaking on the LeftThree (3) 49-635Further Limitations on Driving on Left of Center of HighwayThree (3) 49-636One-Way HighwaysOne (1) 49-637Driving on Highways Laned for TrafficOne (1) 49-638Following Too CloselyThree (3) 49-639Turning Out of Slow Moving VehiclesTwo (2) 49-640Vehicles Approaching or Entering Unmarked or Uncontrolled IntersectionThree (3) 49-641Vehicle Turning LeftThree (3) 49-642Vehicle Entering HighwayThree (3) 49-643Highway Construction and MaintenanceThree (3) 49-644Required Position and Method of TurningThree (3) 49-645Limitations on Turning AroundThree (3) 49-648Obedience to Signal Indicating Approach of TrainFour (4) 49-649Compliance with Stopping Requirement at All Railroad Grade CrossingsFour (4) 49-650Moving Heavy Equipment at Railroad Grade CrossingsThree (3) 49-651Emerging from Alley, Driveway or BuildingThree (3) 49-652School Safety Patrols – Failure to Obey UnlawfulThree (3) 49-654Basic Rule and Maximum Speed Limits Four (4) 49-655Minimum Speed RegulationThree (3) 49-656Special Speed Limitations Four (4) 49-657Work Zone Speed LimitsFour (4)
IDAPA 39.02.71.201 (Reserved)
IDAPA 39.02.71.300 Suspension of Driver License
01.Twelve Points.
When a driver accumulates twelve (12) or more points in any twelve (12) month period of time, the suspension period will be for thirty (30) days.(4-6-23)
02.Eighteen Points. When a driver accumulates eighteen (18) or more points within any twenty-four (24) month period of time, the suspension period will be for ninety (90) days.(4-6-23)
03.Twenty-Four Points. When a driver accumulates twenty-four (24) or more points within any thirty-six (36) month period of time, the suspension period will be for six (6) months.(4-6-23)
IDAPA 39.02.71.301 (Reserved)
IDAPA 39.02.71.400 Completion of a Defensive Driving Class or Traffic Safety Education
PROGRAM. 49-658School Zone Speed LimitThree (3) 49-663Restricted Use of Neighborhood Electric Vehicles on HighwaysTwo (2) 49-702Pedestrians’ Right of Way in CrosswalksThree (3) 49-706Blind and/or Hearing Impaired Pedestrian Has Right-of-WayThree (3) 49-707Pedestrians' Right-of-Way on SidewalksThree (3) 49-801Obedience to and Required Traffic Control DevicesThree (3) 49-802Traffic Control Signal LegendThree (3) 49-804Flashing SignalsThree (3) 49-806Lane Use Control SignalsThree (3) 49-807(2)Stop SignsThree (3) 49-807(3)Failure to Yield – Signed IntersectionThree (3) 49-808Turning Movements and Required SignalsThree (3) 49-1302Duty to Give Information in Accident Involving Damage to a VehicleFour (4) 49-1303Duty Upon Striking Unattended VehicleFour (4) 49-1304Duty Upon Striking Fixtures Upon or Adjacent to a HighwayFour (4) 49-1401(3)Inattentive DrivingThree (3) 49-1401ADistracted Driving (second and subsequent offenses)Three (3) 49-1419Obedience to Traffic DirectionTwo (2) 49-1421(1)Driving on Divided HighwaysOne (1) 49-1421(2)Restricted AccessOne (1) 49-1422Overtaking and Passing School BusFour (4) 49-1424Racing on Public HighwaysFour (4)
01.Removal of Points Upon Completion of Defensive Driving Class or Traffic Safety Education Program. Three (3) points may be removed from an Idaho driving record upon the driver’s completion of an approved defensive driving class or points may be removed from a traffic violation upon the driver's completion of an approved traffic safety education program. Points may only be removed from a driver’s record once every three (3) years. The three-year period begins on the completion date of either a defensive driving class or traffic safety education program.(4-6-23)
a.For completion of a defensive driving class, points are only removed from the violation point count total on the driving record.(4-6-23)
b.For completion of a traffic safety education program as provided in Section 50-336, Idaho Code, points are removed from the conviction for which the traffic safety education program was offered and taken.
02.Driving Conviction Cannot Be Removed. A driver may not remove a traffic conviction from their record by attending a defensive driving class or a traffic safety education program.(4-6-23)
03.Suspension for Excessive Points. Once the department has suspended a driver for excessive points, that driver may not have the suspension action rescinded by attending a defensive driving class or traffic safety education program.(4-6-23)
04.Driver May Not Reserve Point Reduction. When a driver completes a defensive driving class or traffic safety education program but has no violation points on their driver record, the driver may not reserve a point reduction for use on a future traffic violation that points are assessed.(4-6-23)
IDAPA 39.02.71.401 (Reserved)
SUBCHAPTER A – RULES GOVERNING ACCIDENT PREVENTION COURSE
IDAPA 39.02.71.500 Accident Prevention Course
A structured course of study, either in a traditional classroom setting, field driving or internet based format, with curriculum focusing on becoming a safer driver and avoiding accidents, by being cautious, aware, responsible, and respectful of other drivers while abiding by Idaho’s rules of the road. The terms “accident prevention course” and “defensive driving class” are interchangeable, and the course standards established for the accident prevention course in this rule are the same standards for the defensive driving class for violation point count reduction as established above.(4-6-23)
IDAPA 39.02.71.501 (Reserved)
IDAPA 39.02.71.550 Criteria
01.Instructor Certification. For cl assroom and field driving instruction, instructors will be certified by the Idaho Department of Education as a Driver and Traffic Safety Education instructor, or the National Safety Council, American Automobile Association’s program (AAA), American Association of Retired Persons (AARP), or an equivalent program, as determined by the Department.(4-6-23)
02.Contents of Course. Other than courses provided by the National Safety Council, AAA, or AARP, all accident prevention course outlines will be approved by the Department.(4-6-23)
03.Length of Class. The course will be a minimum of six (6) hours, which may include any combination of classroom instruction, field driving instruction, or on-line instruction time.(4-6-23)
04.Proof of Insurance. For any field driving instruction, the course provider will confirm adequate proof of insurance.(4-6-23)
05.Provider Location. The course provider will confirm location(s) of established place of business, and a telephone number or e-mail address of a contact person who can be reached during regular working hours 8 a.m. to 5 p.m.(4-6-23)
06.Participant Certification. Each participant will be issued a certificate of completion by the instructor or course provider.(4-6-23)
IDAPA 39.02.71.551 (Reserved)
IDAPA 39.02.71.600 Course Review
Accident Prevention Courses are subject to periodic review by the Department. As a part of the review process, the provider may be asked to confirm course and instructor information and resubmit instruction materials.(4-6-23)
IDAPA 39.02.71.601 Withdrawal of Course Approval
The Department may withdraw course approval if minimum standards are no lo nger met or if course providers have failed to respond to a course review.(4-6-23)
IDAPA 39.02.71.602 (Reserved)
39.02.60 Rules Governing License Plate Provisions
IDAPA 39.02.60.000 Legal Authority
Sections 49 -201, 49-402D, and 49-443, Idaho Code.(7-1-26)
IDAPA 39.02.60.001 Scope
This chapter implements Sections 49-201, 49 -402D, and 49-443, Idaho Code, relating to standard, specialty program, personalized, and special eligibility license plates.(7-1-26)
IDAPA 39.02.60.002 (Reserved)
IDAPA 39.02.60.010 Definitions
01.Authorized Employees.
Authorized employee as used in this chapter means any non-salesperson or employee who is paid compensation for a minimum of thirty (30) hours each week, and appears on the records of the employer as an employee for which social security, income tax, and all deductions required by law have been made.(7-1-26)
02.Furtherance or Pursuance of Business. Furtherance or pursuance of business as used in this chapter or in Section 49-1627, Idaho Code, means any lawful use of a dealer or loaner plate by an authorized employee of a dealership for the movement of a vehicle to be sold, repaired or transferred from one (1) location to another.(7-1-26)
03.Undercover License Plate. A standard license plate issued upon application to the Department from an exempt agency with law enforcement authority. Undercover license plates will be randomly issued by the Department, and appear as a standard county plate.(7-1-24)
04.Vehicles Not Held in Stock. Vehicles not held in stock for sale as used in Section 49-1627, Idaho Code, means vehicles titled in the name of the dealership or vehicles which cannot be titled or for which the dealership does not hold title.(7-1-24)
05.Vehicles Sold. Vehicles which have been sold as used in Section 49-1627, Idaho Code, means vehicles for which a dealer has a signed contract of sale or other vehicles not belonging to the dealership.(7-1-24)
IDAPA 39.02.60.011 License Plate Provisions for All License Plates
01.Plate Numbering and Lettering.
The Department is authorized to assign unique plate letter/ number spacing schemes to ensure unique numbering systems for all license plate programs and to administer this chapter.(7-1-26)
02.Plate Life Expiration Date. License plates will be valid for the period described in 49-443 (2) and will expire on the last day of the month, consistent with the month of the registration expiration.(7-1-24)
IDAPA 39.02.60.012 Proof of Registration for New, Replacement, or Reissued License Plates
01.Plate on Order Document. Upon receipt of payment for required registration and program fees , a plate on order document will be issued. The plate on order document will provide proof that the vehicle has been registered and fees have been paid, and the vehicle may be operated until new plates have been received by the registrant.(7-1-26)
02.Placement of Plate on Order Document. The plate on order document will be displayed in the rear window or on the rear of the vehicle for which it is issued in a manner that is readily legible for a distance of twenty five (25) feet and will be legible throughout the duration of the permit. When issued to a convertible, motorcycle, or other vehicle in which it is not possible to display in the rear window, the plate on order document must be conspicuously displayed where the expiration date of the newly issued plate may be easily read at a distance of twenty five (25) feet, and where it is protected from exposure to weather conditions, which would render it illegible.(7-1-26)
03.Issuance of Manually Completed Temporary Registrations When Automated System is Unavailable. Upon receipt of payment for required registration and program fees, the department or its agent may issue a manual proof of registration on a department form in the event the automated system is unavailable. When the system resumes normal operation, the registration information will be entered in the system, and the registration form will be mailed to the registered applicant. The manual proof of registration form will be displayed in accordance with IDAPA 39.02.60.12.02.(7-1-24)
IDAPA 39.02.60.013 (Reserved)
IDAPA 39.02.60.100 License Plate Provisions for Standard Plates
01.County Designations.
The county in which a vehicle is registered will be designated by a number and letter on license plates for motor vehicles registered under Section 49-402, Idaho Code, noncommercial vehicles up to sixty thousand (60,000) pounds gross weight, and recreational trailers. The county designators are as follows:
IDAPA 39.02.60.101 License Plate Provisions for Restricted Vehicle Plates
The Department will produce these plates on demand. Idaho Departm ent of Parks and Recreation has the authority to issue, manage and maintain records of these plates. Idaho restricted vehicle plates may not be personalized. (7-1-26)
IDAPA 39.02.60.102 (Reserved)
IDAPA 39.02.60.150 Vehicle Dealer and Manufacturer License Plates Formats
01.Designation for Plates. Plates iss ued to dealers will bear the designation “DLR” and plates issued to manufacturers will bear the designation “MFR”. The sequential license plate numbering scheme will be determined by the department.(7-1-26)
IDAPA 39.02.60.151 Vehicle Dealer License Plates Restrictions
01.Restrictions. Restrictions on the use of manufacturer or dealer plates are provided for by Section 49-1627, Idaho Code. In addition, the following restrictions apply:(7-1-24)
a.The authorized employee must carry an identification card issued by the dealer that contains the employee’s name, dealership, date of issue, dealer number and signature of an authorized representative of the dealership and the signature of the employee. This use will be limited to normal business hours unless the operator is in possession of a letter from the dealer listing the specific reason for the after-hour use.(7-1-26)
b.Vehicles displaying a dealer restricted vehicle plate are not required to display the Idaho Department of Parks and Recreation Off-highway registration to be valid, but are required to be validated in the same manner as are standard dealer plates and display the required annual validation sticker on the restricted plate. Use will be permitted pursuant to Section 49-426 (3) and (4), Idaho Code.(7-1-24)
County Designations 1A- Ada2A- Adams1B- Bannock2B- Bear Lake 3B- Benewah4B- Bingham5B- Blaine6B- Boise 7B- Bonner8B- Bonneville9B- Boundary10B- Butte 1C- Camas2C- Canyon3C- Caribou4C - Cassia 5C - Clark6C- Clearwater7C- CusterE- Elmore 1F- Franklin2F- Fremont1G- Gem2G- Gooding I- Idaho1J- Jefferson2J- JeromeK- Kootenai 1L- Latah2L- Lemhi3L- Lewis4L- Lincoln 1M- Madison2M- MinidokaN- Nez Perce1O- Oneida 2O- Owyhee1P- Payette2P- PowerS- Shoshone 1T- Teton2T- Twin FallsV- ValleyW- Washington
c.A prospective purchaser will not have in his possession a vehicle belonging to a dealership after normal business hours without a letter of authority from the dealership.(7-1-24)
IDAPA 39.02.60.152 Vehicle Dealer Loaner Plates
01.Numbering. Plates will be numbered from LAA001 to LZZ999.(7-1-24)
02.Surrender of Plates. If the dealership license becomes invalid, the dealer must surrender the registration and loaner plates that have been issued. There will be no refund of fees.(7-1-24)
03.Vehicle Log. Dealerships will maintain a vehicle log of each vehicle on which a loaner plate is displayed. The log will be available for inspection by any peace officer or agent of the Department and contain the information provided for by section 49-1628, Idaho Code.(7-1-24)
04.Registration Card. The authorized issuing entity will provide a registration card for each dealer loaner plate as provided for by Section 49-421, Idaho Code. (7-1-26)
05.Letter of Authorization. Persons using the plate on loaner vehicles while waiting for their own vehicle to be repaired will have in their possession a letter of authorization or a document showing both the user and dealership name. The document or letter will be signed and dated by an authorized employee of the dealership.
06.Vehicle Use Donation for Civic and Charitable Events. Licensed dealers may authorize the use of their loaner plates when donating the use of vehicles held in their inventory for civic or charitable events. Such time period will not exceed thirty (30) days. The dealer will provide a letter of authorization to be carried in the vehicle and proof of current liability insurance, as required by Chapter 12, Title 49, Idaho Code.(7-1-24)
07.Fees. The fees charged for dealer loaner plates will be the same as the fees required by Section 49- 402, Idaho Code, for new vehicles, and will be in addition to the current Emergency Medical Service (EMS) and plate fees. Applicants for new loaner plates received after January 1 will be charged one-twelfth (1/12) the annual fee charged for a new vehicle for each month remaining in the licensing year, including the month of application. The annual EMS and plate fees are not prorated.(7-1-24)
IDAPA 39.02.60.153 Provisions for Transporter Plates
01.Purpose.
Utility and boat trailers that weigh under two thousand (2,000) pounds unladen may be moved by a manufacturer, dealer, or an employee of either, or by a transporter service contracted by the vehicle’s manufacturer or dealer upon registration and payment of an annual fifteen dollar ($15) transporter plate fee to the department, or by purchase of a single trip permit. These plates may be used only on boat trailers and utility trailers for demonstration purposes, and may be used while laden for demonstration purposes.(7-1-24)
02.Numbering of Plates. Transporter plates will be numbered from PA1 TO PZ9999.(7-1-26)
03.Renewal of Plates. The transporter registration and plate are valid for one (1) year from January 1 through December 31 and may be renewed by use of a registration sticker showing the year of validation.(7-1-24)
04.Use of Plates. Transporter plates may be moved by registrants from one (1) utility or boat trailer weighing under two thousand (2,000) pounds unladen to another trailer meeting this criteria during the current registration period. Vehicles towing a laden trailer displaying a transporter plate are to be registered within the appropriate gross vehicle weight category for the combined load. Transporter plates are to be displayed on the rear of the trailer.(7-1-26)
05.Possession of Registration. When transporting a vehicle displaying a transporter plate, the operator of a towing vehicle will carry the transporter registration in the towing vehicle at all times.(7-1-24)
06.Violations. Violations of this section include:(7-1-24)
a.Display of a transporter plate on any vehicle not required to be registered under this Section; and
b.Display of a transporter plate on a vehicle not lawfully under the control of the registration holder.
07.Penalties:(7-1-24)
a.Violation of this section will be a misdemeanor as provided for by Section 49-236, Idaho Code; and
b.The plate and registration of anyone who displays a transporter plate other than provided for by this section may be canceled.(7-1-24)
IDAPA 39.02.60.154 Provisions for Wrecker Plates
01.Purpose.
Wrecker plates are for the exclusive use of businesses engaged in the towing of a wrecked, abandoned, salvaged, or disabled motorized vehicle. Plates will not be used on vehicles being repossessed.
02.Numbering of Plates. Plates will be numbered as determined by the department and will display the abbreviation “WRKR” vertically on the left hand side of the plate.(7-1-24)
03.Renewal of Plates. The wrecker registration and plate are valid for one (1) year from January 1 through December 31 and may be renewed by use of a registration sticker showing the year of validation.(7-1-24)
04.Use of Plates. Plates are not to be displayed on the towing power unit vehicle nor are they to be used on a vehicle not being towed. Plates are to be displayed on the rear of the towed vehicle in such a manner as to be visible to vehicles approaching from the rear. Wrecker plates may be moved from one (1) towed motorized vehicle to another vehicle under the direct lawful control of the registration holder. (7-1-24)
05.Possession of Registration. When towing a motorized vehicle displaying a wrecker plate, the operator of the towing vehicle will carry the wrecker plate registration in the towing vehicle.(7-1-24)
06.Acquisition/Renewal of Wrecker Plates. Wrecker plates will be issued and renewed through the department by physical or electronic mail using an application and renewal process determined by the department.
IDAPA 39.02.60.155 Provisions for Special License Pla
TE PROGRAM PREQUALIFICATION AND
APPLICATION PROCEDURES.
01.Special License Plate Pr equalification. A Special Plate Program Application will be provided to each applicant, detailing the procedures for the prequalification and providing information regarding the steps required to successfully accomplish a special plate program.(7-1-24)
02.Submission to the Legislature. For those Special License Plate Programs with enacting legislation that fail to meet the requirements of this Section, the Department will report such finding to the chairman of the Senate Transportation Committee and the chairman of the House Transportation and Defense Committee of the Idaho State Legislature, and will not proceed with production and sale of the special plates.(7-1-24)
03.Appeals. The appeals process will allow the applicant for a special license plate program to appeal the Department’s decision to deny the application (See Section 003). The notice of the appeal will be sent in writing via mail, electronic mail or facsimile within twenty (20) days of the denial.(7-1-26)
04.Cancellation of Plate Programs. The Department will notify the plate program sponsor of the intent to cancel the program due to failure to provide an annual report or low active plate count. Active plate count is determined by the number of current active plates, on actively registered vehicles, for the plate program on file with the Department.(7-1-26)
i.The Department will notify current registrants of the special plate program of the cancellation, and advise the registrant may retain and renew the registration with the additional program fees, and retain the plates until the physical plates are required to be replaced, however replacement plates will not be available, due to loss or damage.(7-1-24)
ii.The portion of canceled special plate program fees no longer deposited with the nonprofit agency (who has filed a 501 (c) (3) federal income tax status) program sponsor will be deposited in the state highway account.(7-1-24)
iii.Upon mandatory replacement of physical plates as required by statute, the customer may choose another specialty program or standard county plates at the customer’s preference.(7-1-26)
iv.The Department will include in its annual report to the chairman of the Senate Transportation Committee and the chairman of the House Transportation and Defense Committee of the Idaho State Legislature any special plate programs that have been canceled during the preceding year.(7-1-24)
IDAPA 39.02.60.156 (Reserved)
IDAPA 39.02.60.199 License Plate Provisions for Special Program and Personalized Plates
FOR TRAILERS.
Special program and personalized plates may be issued to trailers manufactured prim arily for recreational vehicle uses. Such trailers will include camper, tent or fifth-wheel recreational trailers. Trailers with multiple uses such as utility, horse, or boat, with or without recreational vehicle facilities, will be excluded.(7-1-24)
IDAPA 39.02.60.200 License Plate Provisions for Special Plates
01.Year of Manufacture Plates.
a.Vehicles manufactured up through 1974, excluding model years 1969, 1971, 1972, and 1973, but including and ending with model year 1974 are eligible for this program.(7-1-24)
b.The license plate must be in serviceable condition as originally manufactured, i.e., cannot be marred, bent, faded, or otherwise damaged to the point it is illegible. If the plate is repainted to bring it to a serviceable condition, the colors will match the original colors as closely as possible and will equal or exceed the original quality. The plate number cannot be a duplicate of a previously manufactured “year of manufacture” plate still in use.(7-1-24)
c.The application for use of the plate will include a statement signed by the applicant attesting that the applicant understands, if the plate use is approved, the plate does not have reflectorized material which meets the requirements of Section 49-443, Idaho Code. The responsibility for any accident or injury arising out of the possible consequence of not having this reflectorized safety feature on the license plate will be borne by the registrant. d.“Classic” or “Old Timer” plates may be used in conjunction with this revived plate at the option of the registrant.(7-1-24)
02.Disabled Veteran License Plates. Disabled veteran license plates may, upon the registrant's request, display the international disability symbol to ensure reciprocal parking privileges in all states and provinces.
03.Custom Vehicle License Plates. The applicant will pay the initial program fee of $25 and the annual program fee of $15.(7-1-26)
IDAPA 39.02.60.201 Provisions for Legislative License Plates
01.Option to Apply. Members of the Idaho Legislature have the option of applying to the Department for one (1) set of specially numbered license plates bearing the designation “HOUSE” or “SENATE.”(7-1-24)
02.Numbering Assignment List. Each year, the Department will request from the Speaker and Pro Tem a current list of license numbers assigned to all legislators.(7-1-24)
IDAPA 39.02.60.202 Provisions for Personalized License Plates
01.Character Limitations.
No special characters, or punctuation marks, may be used for personalized messages on license plates.(7-1-24)
a.The Department will determine how many characters are allowed on any given plate.(7-1-24)
02.Issue of Personalized Plates. Personalized plates may be issued to vehicles if no specific wording is required on the plate to identify the purpose for which the vehicle is registered. Personalized plates will not be issued if such plates would jeopardize the integrity of unique plate identification requirements. Examples include but are not limited to:(7-1-24)
a.Commercial vehicles registered under the International Registration Plan (IRP), because the designators PRP are required to be printed on the plate;(7-1-24)
b.Vehicles for which the designators “PRP” are required to be printed on the plate to identify the use; and(7-1-24)
c.Utility, horse, or enclosed car hauling trailers with RV facilities or boat trailers.(7-1-24)
03.Specific Requests. Requests for specific plate letters and/or numbers will be issued on a first come, first served basis. In the event of a request for the same plate by more than one (1) individual, the request with the earliest postmark, e-mail transmission time, fax transmission time, or data entry time will prevail. If the postmarks are the same, the date stamped upon arrival will prevail. Applications processed at county assessors’ offices will be considered valid when entered in the system. Telephone requests will not be accepted.(7-1-24)
04.Lack of Current Plates. When an applicant for personalized plates does not have current regular number plates:(7-1-24)
a.The Department may, upon payment of all required fees, issue a proof of registration document consistent with Section 012.(7-1-26)
05.Credits. When personalized plates are issued before an applicant’s current registration is expired, credit will be given for unexpired registration fees only.(7-1-24)
06.Renewing Plates. The applicant will have the choice of renewing existing personalized plates with validation stickers or ordering a new set of plates at the time of renewal. If new plates are requested, a plate and mailing fee will be charged in addition to all other fees that are due. Personalized plates will be reissued in accordance with Section 49-443, Idaho Code.(7-1-24)
07.Transfer of Plates. When personalized plates are issued, the vehicle’s regular number plates may be transferred to another vehicle belonging to the owner. If registration credit is given from the regular number plates to the personalized, the regular number plate registration is canceled.(7-1-24)
08.Acceptability of Plates Message. Acceptability of the personalized license plate message and issuance, denial or cancellation will be determined by the Department based on the following criteria:(7-1-24)
a.The characters requested may not duplicate an existing combination in use on the same size plate or replicate an existing law enforcement plate combination.(7-1-24)
b.The message, in any language, may not carry a sexual connotation nor consist of a term that is considered to be one of obscenity, contempt, prejudice, hostility, insult, racial or ethnic degradation, or profanity, as defined by common internet and dictionary resources. (7-1-24)
i.The message may not refer to any of the following: bodily functions, bodily fluids, or intimate body parts; sexual preference or orientation; acts of violence; illegal substances or the use thereof.(7-1-24)
ii.The message may not represent a group that is commonly known to promote violence, illegal substances or illegal acts. (7-1-24)
c.The criteria in Paragraph 202.08.b. is not to be considered an exhaustive list. A compilation of words, terms or letter/number combinations gathered from the experience of Idaho and other states may also be used as a guide. The Department may also rely on information obtained from law enforcement agencies within or outside of Idaho.(7-1-26)
d.When a complaint is received from the public concerning an issued plate, the name of the complainant will not be recorded nor, if known, revealed.(7-1-24)
e.Final determination regarding applications for questionable messages or cancellation of issued plates will be made by the Division of Motor Vehicles. An applicant does, however, have a right to a hearing on the decision.(7-1-26)
09.Message Preferences. Applicants may submit three (3) message preferences including the specific meaning of each. The first choice that is available and acceptable will be issued. If none of the preferences are available or acceptable, the applicant will be notified by return mail or email.(7-1-24)
10.Recalled Plates. Personalized plates may be recalled by the Department for the following reasons:
a.Error in manufacturing; or(7-1-24)
b.Clerical error.(7-1-24)
c.Unacceptable personalized messages as outlined in Paragraph 202.08.b.(7-1-26)
11.Unexpired Fees. If a set of personalized plates is recalled or rejected, the personalized plate program fee, will not be refunded but may be transferred to a new issue of personalized plates.(7-1-26)
12.Expired Plates. Personalized plates that have their registration expire will become immediately available for reissue to another applicant. There is no grace period.(7-1-24)
IDAPA 39.02.60.203 Provisions for Former Prisoner of War (pow) License Plates
01.Eligible Person.
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 during the following recognized war periods may be eligible:
02.Certified Documentation. Eligibility will be documented by a copy of the applicant’s 53.55 or WORLD WAR IIDecember 7, 1941 to December 31, 1946 KOREAN WARJune 27, 1950 to January 31, 1955 VIETNAM WARAugust 5, 1964 to May 7, 1975 USS PUEBLOJanuary 23, 1968 to December 23, 1968 PERSIAN GULFAugust 2, 1990 (Congress has not assigned an ending date.)
DD-214 Separation from Active Duty papers, or other specific documentation received from the Veterans Administration that certifies that the applicant was a prisoner of war during the recognized war periods stated above.
IDAPA 39.02.60.204 Surrender of Plates
Registered owners desiring to surrender their license plate numbers may do so at any time. Upon surrender, license plate numbers will immediately become available to be issued by the system or, if personalized, applied for by another, upon application and payment of applicable plate, registration, and program fees.(7-1-26)
IDAPA 39.02.60.205 (Reserved)
IDAPA 39.02.60.300 Provisions for Sample Plates
Sample plates are issued at on the “Scenic Idaho/Famous Potatoes” red, white, and blue pla te or Special Program License plates as follows:(7-1-24)
01.Plate Size. Plates must adhere to license plate manufacturing standards in size and display the abbreviation SAMP in the sticker box on both passenger car and motorcycle license plates.(7-1-26)
02.Personalized Sample Plates. Personalized Sample plates are issued on both plate sizes.(7-1-24)
a.The acceptability screening process in Subsection 202.08 applies.(7-1-26)
b.The Department will adopt written policy for the issuance of duplicate and replacement sample plates with personalized character combinations.(7-1-24)
c.The department may include other special license plate programs for sample plate sale, when not prohibited by code, or that would not cause a compromise of a special eligibility plate program.(7-1-24)
IDAPA 39.02.60.301 (Reserved)
SUBCHAPTER A – RULES GOVERNING LICENSE PLATES
FOR GOVERNMENTAL AGENCIES AND TAXING DISTRICTS
IDAPA 39.02.60.400 Provisions for Exempt License Plates
01.Standard Exempt Lic ense Plates. Includes the standard exempt plate designator assigned to the requesting agency and a unique letter/number system as determined by the department or specified by the applicant.
02.Personalized Exempt License Plates. Exempt agencies that do not include the standard exempt plate designator will be subject to personalization fees pursuant to Section 49-402 (9), Idaho Code.(7-1-26)
IDAPA 39.02.60.401 Issuing Agency
All exempt and undercover license plates will be issued by the Department upon receipt of a request from an authorized agency.(7-1-26)
IDAPA 39.02.60.402 Information to Be Provided
BY AN AUTHORIZED AGENCY.
A request for exempt or undercover plates will contain:(7-1-24)
01.Actual Name and Address. The name and address of the requesting agency.(7-1-24)
02.Vehicle Description. The description of the vehicle(s) to be registered, including the year, the make, model, type, vehicle identification (VIN), color and title number, and truck weight if eight thousand one pounds (8,001 lbs.) or more.(7-1-24)
03.Fictitious Name and Address. The name and address of the registrant to appear on the undercover plate registration, and title records of the Department.(7-1-24)
04.Authorized Official. The request must be signed by an authorized official of the authorized agency.(7-1-24)
IDAPA 39.02.60.403 Vehicle Titling
01.For Exempt Registration and License Plates. If t he vehicle is not titled, the title transaction will be initiated before requesting exempt plates. Exempt registration must match the associated title.(7-1-26)
02.Undercover Vehicle Titling. The actual name and address of the requesting agency, along with the fictitious name and address of the registrant will be provided directly to the Department on a completed application approved by the authorized official.(7-1-24)
IDAPA 39.02.60.404 Exempt and Undercover Plate Fees
01.Department Reimbursement. State and federal agencies and taxin g districts will reimburse the Department the cost of providing license plates. These costs will be determined by the cost of manufacture and the cost to the Department of processing the transaction.(7-1-24)
02.Adjusted Fees. Periodically, fees may be adjusted in accordance with changes in manufacturing costs, postage, employee costs and legislative mandate.(7-1-24)
03.Elective Fees. Exempt agencies that choose to participate in a special program and/or opt for personalized plate are subject to the initial fee(s) on the original application and each subsequent reissuance of the license plates. Undercover vehicles are not eligible for special program and/or personalized plates.(7-1-26)
IDAPA 39.02.60.405 Exempt Plate Display
Exempt license plates will be displayed in accordance with Section 49-428, Idaho Code.
The designator “EXMP” will be provided with each exempt plate and be attached to the plate(s) in the space provided for this purpose. The department may have the EXMP designator printed in the appropriate space on the plate as an alternative to the sticker.(7-1-26)
IDAPA 39.02.60.406 (Reserved)
IDAPA 39.02.60.408 Exempt Plate Status
01.Non-Expiring Plates. Ex empt plates are non-expiring and require no annual renewal.(7-1-24)
02.Transfer of Plates. Exempt plates may be transferred between vehicles. If an exempt plate is transferred to another vehicle, a transfer request must be made to the Department.(7-1-24)
03.Reissue of Plates. Exempt plates will also be assessed personalization and program fees upon each reissuance.(7-1-24)
IDAPA 39.02.60.409 Undercover Plate Status
01.Expiration of Plates. Und ercover license plates will expire annually or biennially based upon the application of the authorized agency. Registration status will appear as valid, until expiration date. Renewals must be made to the Department upon expiration of the undercover license plate.(7-1-24)
02.Transfer of Plates. Undercover license plates may be transferred between vehicles. If an undercover license plate is transferred to another vehicle, a transfer request must be made to the Department’s Vehicle Services Section/Special Plates Unit.(7-1-24)
03.Reissue of Plates. Undercover plates will be reissued in accordance with Section 49-443(2), Idaho Code.(7-1-24)
IDAPA 39.02.60.410 (Reserved)
39.02.05 Rules Governing Issuance of Certificates of Title
IDAPA 39.02.05.000 Legal Authority
Under the authority of Sections 49-201, 49-504, 49-507 and 49-52 5, Idaho Code, the Department adopts the following rule.(3-21-22)
IDAPA 39.02.05.001 Purpose
These rules identify requirements for the issuanc e of certificates of title, pursuant to Title 49, Chapter 5, Idaho Code.
IDAPA 39.02.05.003 (Reserved)
IDAPA 39.02.05.010 Definitions
01.Appropriate Governmental Entity.
The agency or organization employing the authorized officers who take an abandoned vehicle into custody or direct a vehicle to be stored or towed.(3-21-22)
02.Assembled Vehicle. A vehicle which has been constructed using parts from two (2) or more vehicles and has the same appearance as a vehicle that was manufactured under a specific make and model by a manufacturer. Changes may include frame and/or cab changes. See Section 305 for title application requirements.
03.Body/Center Passenger Area. The center structure, either of a unibody or frame-type passenger vehicle, consisting of a unit of sheet metal and structural components that extends from the firewall to the back of the rear seat or to the factory seam separating the rear section or the centerline of the rear wheels, i.e. cowl panel, dash panel, floor pans, center side body panels, side rails, rocker panels, and other such component parts that may be pertinent to this section.(3-21-22)
04.Brand. A designation on a vehicle’s certificate of title or other ownership document, or its record, as determined by the Department or the equivalent agency of another jurisdiction, which indicates and advises future owners and interested parties that:(3-21-22)
a.The vehicle has or has had a relevant physical condition, modification, construction, alteration or history of use that may affect the value or safety of the vehicle; or(3-21-22)
b.Past or present ownership of the vehicle could not be clearly established to the satisfaction of the Department or the equivalent agency of another jurisdiction.(3-21-22)
05.Cab. The passenger compartment of a common truck or pickup truck. It is a unit of sheet metal and structural components including the top/roof and the cowl which may or may not include glass, instrumentation, steering column and seat.(3-21-22)
06.Canadian Vehicle. A vehicle originally manufactured to meet Canadian motor vehicle safety standards. (3-21-22)
07.Electronic Vehicle. A title created and maintained in an electronic format by a jurisdiction. Any reference to a certificate of title in this rule will also apply to an electronic title.(3-21-22)
08.Frame. The heavy metal structure that supports the auto body and other external component parts on body-over-frame constructed vehicles only.(3-21-22)
09.Gray Market Vehicle. A vehicle being imported into the U.S. that was manufactured for use outside of the U.S. and did not meet U.S. Federal Motor Vehicle Safety Standards or Environmental Protection Agency requirements at the time of manufacture. This does not include vehicles manufactured to meet Canadian Motor Vehicle Safety Standards.(3-21-22)
10.Mileage. Actual distance that a vehicle has traveled.(3-21-22)
11.Replica Street Rod. A vehicle made to replicate 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 resemble the same as the manufacturer's original issue. See Section 305 for title application requirements.(3-21-22)
- Street Rod Vehicle. Any pre-1949 manufactured 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 the same as the manufacturer's original issue. See Section 305 for title application requirements.(3-21-22)
13.Transferee. Any person to whom the ownership of a motor vehicle is transferred, by purchase, gift or any means other than creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee.(3-21-22)
14.Transferor. Any person who transfers their ownership of a motor vehicle by sale, gift or any means other than creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferor.(3-21-22)
IDAPA 39.02.05.011 (Reserved)
IDAPA 39.02.05.100 General
The Department will issue a Certificate of Title on any vehicle if the applicant can show proper documentation of ownership, there are no undisclosed security interests in the vehicle, and other requirements for titling have been satisfied. Unless otherwise specified in statute or administrative rule, such proper documentation of ownership will be limited to:(3-21-22)
- Certificate of Title. A valid Idaho Certificate of Title or a valid Certificate of Ownership issued by another state, province or country according to the applicable laws of another state, province or country, which has been duly assigned or transferred to the applicant if issued in another’s name.(3-21-22)
02.MCO/MSO. A properly executed Manufacturer’s Certificate of Origin (MCO) or Manufacturer’s Statement of Origin (MSO) in the case of a new vehicle being titled for the first time.(3-21-22)
03.Certificate of Registration. A Certificate of Registration from a non-titling state, province or country, together with a bill of sale from the registrant if other than the applicant.(3-21-22)
04.Transfer by Operation of Law. In the case of a transfer by operation of law, a certified copy of a valid court order, decree, or instrument upon which the claim of possession and ownership is founded, passing title to the applicant as a matter of law (for example: a property settlement, divorce decree, or execution sale’s certificate of sale or bill of sale), together with 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.(3-21-22)
05.Salvage Vehicles. For a salvage vehicle, a salvage certificate of title or other salvage ownership document issued by another state, province, or country according to the applicable laws of that state, province, or country, duly assigned or transferred to the applicant if issued in another’s name.(3-21-22)
06.Specially Constructed Vehicles.(3-21-22)
a.For a specially constructed vehicle as defined by Section 49-123(p)(i) or (iii), Idaho Code, the original ownership document for the vehicle from which the body or cab being used has been taken unless the vehicle is from a state that requires the ownership document to remain with the frame in which case a copy of the ownership document verified to be a true and correct copy of the original, together with a bill of sale from the owner to whom the ownership document was issued if different than the applicant, and a bill of sale, invoice, or other proof of acquisition for any of the following major components used in the vehicle’s construction:(3-21-22)
i.Frame or rails;(3-21-22)
ii.Engine or short block;(3-21-22)
iii.Transmission and/or transfer case;(3-21-22)
iv.Front and rear clips; or(3-21-22)
v.Truck bed or box;(3-21-22)
b.Each bill of sale for major component parts is to include the following:(3-21-22)
i.Name of purchaser;(3-21-22)
ii.Vehicle Identification Number (VIN) or engine number for a motorcycle, if applicable;(3-21-22)
iii.Description of major component part (by make, body type, year of manufacture, if applicable);
iv.Purchase price; and(3-21-22)
v.Signature of seller.(3-21-22)
c.For a specially constructed vehicle as defined by Section 49-123(p)(ii), Idaho Code, bills of sale, receipts, invoices or other proof of acquisition for the materials used in the construction.(3-21-22)
d.For a specially constructed vehicle as defined by Section 49-123(p)(iv), Idaho Code, a properly executed manufacturer’s certificate of origin (MCO) or manufacturer’s statement of origin (MSO) for the custom kit, or if no MCO was issued, a factory invoice or bill of sale from the selling dealer, together with a statement certifying no MCO was issued for the kit.(3-21-22)
IDAPA 39.02.05.101 (Reserved)
IDAPA 39.02.05.200 Lien Filing
01.Date of Lien Filing.
All title applications submitted to the Department or its agent for filing will include the date of filing.(3-21-22)
a.If a lien is listed on a title application, the date the application is received by the Department or its agent will be the date of the filing of the lien.(3-21-22)
b.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. All liens filed with the department will take priority according to the order in which the properly completed applications are filed with the department or an agent of the department. The priority of liens will not be affected should the department fail to note one or more on the title or on the electronic records of the department due to error.(3-21-22)
02.Out-of-State Transfer. If a lien was previously recorded on an out-of-state title, and the title is being surrendered to Idaho for issuance of a new certificate of title and the lien is still in effect, the Department will honor the previously recorded date shown on the out-of-state title, provided that at least one of the previous owners’ names will remain on the new Idaho title. If there is no recorded date on the title, the following will be captured as the recorded date if displayed on the title with priority according to the order listed:(3-21-22)
a.Application date;(3-21-22)
b.Issue date; and(3-21-22)
c.Print date(3-21-22)
d.If none of the aforementioned dates are present, the Department will consider other evidence provided in the documentation submitted with the title application to determine a filing date.(3-21-22)
e.In the event that no other evidence is provided to reasonably determine the date of the lien’s filing, the date the title application is filed with the Department will be the recorded date.(3-21-22)
03.Name Change Only. If a name change is being requested on a title containing a recorded lien, and the lien is not being released, the original recorded date will be retained for the lien filing, provided that the new title will retain the name of the same lienholder and at least one (1) of the previous owners.(3-21-22)
04.Taxable Transfer of Ownership. In the case of a taxable transfer of ownership, where the lien was not released, and the new title will have the same lienholder, a new recorded date will be assigned to the lien, unless the lienholder has specified that the new owners have assumed the lien.(3-21-22)
05.Lien Assumptions. If a lienholder specifies that a contract has been assumed by a new owner, and the new owner has assumed the terms of the previous lien, the original date will be retained on the new certificate of title.(3-21-22)
IDAPA 39.02.05.201 Odometers
01.Disclosures.
a.In compliance with 49 CFR Part 580, when ownership of a motor vehicle is transferred: (3-21-22)
i.The transferor will disclose mileage to the transferee.(3-21-22)
ii.When a motor vehicle is leased, the lessee will disclose mileage to the lessor. If the lessor transfers the leased vehicle without obtaining possession of it, the lessor may indicate on the title the mileage disclosed by the lessee.”(3-21-22)
02.Record Retention.(3-21-22)
a.Documents and records will be retained by dealers, distributors, lessors, auctions, and the department in compliance with 49 CFR Part 580.(3-21-22)
IDAPA 39.02.05.202 Vehicle Identification Number (vin) Inspections
01.Authorized Inspectors.
The following individuals, agents or agencies are authorized to complete Vehicle Identification Number (VIN) inspections:(3-21-22)
a.Peace Officers and Special Agencies Inspections. As part of their regular assigned duties, any city, county, state or federal peace officer, or specified agent of the Department, may complete a VIN inspection.
b.Vehicle Dealer Inspections. Licensed Idaho vehicle dealers may complete VIN inspections.
c.Financial Institution Inspections. An employee of any bank that is authorized to do business in Idaho or an employee of any other financial institution registered with the Department of Finance, may complete VIN inspections as a part of normal business activity.(3-21-22)
d.Special Agent Inspections. Other special designated agents of the Department may complete VIN inspections, as stipulated in a formal agreement between the Department and the special agent, i.e. vehicle rental companies allocating portions of their fleets to Idaho.(3-21-22)
e.Out-of-state Inspectors. For a vehicle located in another state, a VIN inspection is acceptable when completed by any city, county, state or federal peace officer, or any employee of the state’s vehicle titling and registration agency.(3-21-22)
- VIN Inspections. A VIN inspection is necessary whenever the current certificate of title was not issued for the vehicle by this state or whenever the Department is dissatisfied with the authenticity or accuracy of the vehicle identification number.(3-21-22)
IDAPA 39.02.05.203 (Reserved)
IDAPA 39.02.05.300 Title Branding
01.Brand Disclosure.
a.Upon sale by a dealer of any salvage or total loss vehicle or branded vehicle or branded certificate of title, disclosure of the vehicle’s salvage or branded status, will be conspicuously disclosed to the buyer and a record will be maintained by the dealer. Disclosure may be made on a form as provided by the Department for a report of sale. The buyer will sign that they have received disclosure of the vehicle brand. Proof of disclosure will be submitted to the Department.(3-21-22)
b.Upon sale by a private party of any salvage or total loss vehicle or branded vehicle or vehicle with a branded certificate of title, disclosure of the vehicle’s salvage or branded status, will be conspicuously disclosed to the buyer.(3-21-22)
02.Branding Time Frame. Each branded vehicle and branded certificate of title will retain that brand throughout the existence of the vehicle regardless of its age or value unless the brand has an expiration date.
03.Brands Removed.(3-21-22)
a.If any salvage vehicle leaves the state of Idaho with or without an Idaho salvage certificate of title and such vehicle returns to Idaho, it will once again be subject to the requirements under Idaho Code and this rule.
b.If a vehicle with a branded Idaho title leaves Idaho and then returns with a title or other ownership document issued by another jurisdiction that has either no brand or a different brand for the same incident that caused the brand on the Idaho title.(3-21-22)
i.If the brand on the Idaho title originated in Idaho, the Idaho brand will be reinstated. This will occur even if the National Motor Vehicle Title Information System (NMVTIS) returns a different brand for the same incident.(3-21-22)
ii.If the brand on the Idaho title originated in another state, the Idaho title will be issued with any brand retrieved from NMVTIS if for the same incident that caused the brand on the original Idaho title. If no brand is retrieved from NMVTIS for this incident, the brand on the previous Idaho title will be reinstated.(3-21-22)
IDAPA 39.02.05.301 Bonded Title
01.Conditions and Requirements.
Application may be made for a “bonded title” when the applicant has actual possession of the vehicle but is unable to provide proper documentation of ownership.(3-21-22)
a.Proper Documentation Cannot Be Obtained. The applicant will satisfy the Department that proper documentation to obtain a regular title cannot be obtained. However, the applicant will provide sufficient documentation to satisfy the Department that it is more probable than not that the applicant is the owner of the vehicle.(3-21-22)
b.Vehicle Physical Inspection. The applicant will produce the vehicle for a physical inspection by a representative designated by the Department.(3-21-22)
c.Affidavit of Explanation. The applicant will provide an affidavit explaining the reasons for the absence of a valid Certificate of Title or Certificate of Ownership or other documentation of ownership identified in Section 100 of this rule, and how the vehicle came into the possession of the applicant. A listing of any liens (loans) or encumbrances against the vehicle; the name of the state, province or country where the vehicle was last titled, or last registered if from a non-titling state, province, or country; and the name under which the vehicle was last titled, or last registered if from a non-titling state, province or country is also necessary.(3-21-22)
d.Bond. The applicant will provide the Department with a bond in the amount of one (1) and one-half (1/2) times the value of the vehicle or a cash deposit of like amount, as provided in Section 49-523(b), Idaho Code. A cash bond will be in the form of a cashier’s check, money order or certified check made payable to the Idaho Transportation Department. The form of the bond will conform to the form ITD 3909, Vehicle Ownership Bond, which can be obtained by calling 208-334-8663 during regular business hours.(3-21-22)
e.Vehicle Appraisal. The applicant will provide an appraisal of the vehicle either by a licensed Idaho automobile dealer on the dealer’s letterhead or other form provided by the Department with dealer’s number, or by a Motor Vehicle Investigator. The appraisal will reflect the current retail value of the vehicle. This appraisal will be considered by the Department to determine the value of the vehicle.(3-21-22)
f.Application for Title. The applicant will apply for title within ninety (90) days of the bond’s issuance. Should the application for title occur more than ninety (90) days from the issue date of the bond or any subsequent rider, the applicant will obtain a rider to provide bond coverage for three (3) years.(3-21-22)
g.Bonded Title Brand. Upon satisfying the Department’s requirements for a bonded title, the applicant will be issued a title bearing the brand “Bonded Title” and the brand’s expiration date, which will be three (3) years from the following:(3-21-22)
i.Date of issuance of the bond unless a bond rider was issued; or(3-21-22)
ii.If one or more bond riders were issued, the date of issuance of the most recent bond rider; or
iii.Date of receipt of a cash deposit.(3-21-22)
02.Bond Surety. The bond will be issued by a corporate surety, qualified and licensed to do business in Idaho.(3-21-22)
03.Claims Against The Bond. Should any expense, loss or damage occur, for any reason covered by the bond, persons or entities suffering such loss will make claim directly against the principal (applicant) and the surety. If the applicant has made a cash deposit, any claim will be made through the Department’s Motor Vehicle Administrator.(3-21-22)
04.Expiration Of Bonding Requirement. Upon expiration of the brand, the bond or cash deposit will be returned without interest unless the Department has been notified in writing of a pending claim or action to recover on the bond or deposit. If there has been no claim, the applicant may surrender the bonded title and apply for a Certificate of Title free of the bonded title brand. A Certificate of Title free of the bonded title brand will be issued upon certification of the application and payment of any applicable fees per Idaho Code Title 49, Chapters 2 and 5, and any applicable sales or use tax, per Title 63, Chapter 36, Idaho Code.(3-21-22)
-
Return Of Bond Prior To Three Year Period. The bond or cash deposit will be returned prior to the expiration of the brand if the vehicle is no longer registered in this state, and the Department has not been notified of any claim or action to recover on the bond.(3-21-22)
-
Sales And Use Tax. Any sales or use tax will be paid to the Department or to the county assessor prior to issuance of a bonded title.(3-21-22)
IDAPA 39.02.05.302 Specially Constructed Vehicles
01.Specially Constructed Vehicle Examples. Some examples of specially constructed vehicles are:
Custom built vehicles, such as, kit conversions, homemade camp trailers, other homemade trailers that are at least two thousand (2,000) pounds unladen weight, motorcycles, vessels, snowmobiles, and slide-in truck-mounted campers.(3-21-22)
02.Engine Changes. A vehicle that has an engine of a different make, model or year from the body, frame and running gear is not considered a specially constructed vehicle. These vehicles retain the original title and identification designation.(3-21-22)
03.Title Application Requirements.(3-21-22)
a.The applicant will provide proof of ownership for all significant parts that are replaced, such as frame, body, and other parts that carry vehicle identification numbers. The body will have a properly released title from the former owner. The frame only may be transferred with a bill of sale given by the legal owner showing the vehicle identification number (VIN). Other significant parts that are replaced will be verified by traceable invoices identifying the part or parts if purchased from an established new or used parts outlet. If the other significant parts are purchased from a private party, a bill of sale showing seller’s name and address is necessary. An MCO will accompany the documents for manufactured kits or if no MCO was issued, a factory invoice or bill of sale from the selling dealer, together with a statement certifying no MCO was issued for the kit, is acceptable.(3-21-22)
b.The model year will be the year that the specially constructed vehicle was first titled as a specially constructed vehicle.(3-21-22)
c.The make code as shown on the certificate of title of a specially constructed vehicle will be identified as “SPCN” and the certificate of title will be branded “Specially Constructed.”(3-21-22)
d.When the vehicle is in operating condition, an inspection by a motor vehicle investigator is necessary. A fee of twenty-five dollars ($25) is necessary for this inspection and the preparation of the statement of fact and indemnifying affidavit. In addition, if a vehicle identification number is assigned, the fee in Section 49- 202(2)(j), Idaho Code, will be charged. If the vehicle is eligible to be registered for road use, the owner will complete a self-certification on a form prescribed by the department stating that the vehicle is in compliance with Chapter 9, Title 49, Idaho Code, and meets the Federal Motor Vehicle Safety Standards in effect for the model.(3-21-22)
IDAPA 39.02.05.303 Rebuilt Salvage Vehicles
01.Rebuilt Salvage Vehicle.
A rebuilt salvage vehicle, as defined by Section 49-123 (2)(m), Idaho Code, includes every “Salvage or Total Loss Vehicle” that has been rebuilt, in compliance with applicable federal motor vehicle safety standards and the requirements of Chapter 9, Title 49, Idaho Code, as regulated by Sections 49- 524 and 49-525, Idaho Code.(3-21-22)
02.Salvage Vehicles from Other Jurisdictions. Every vehicle that is coming into Idaho from another jurisdiction with a Salvage Certificate or other equivalent document showing evidence of a total loss payoff such as a bill of sale from an insurance company, or other documentation indicating that the vehicle may have been a salvage or total loss vehicle and any vehicle for which information retrieved from the National Motor Vehicle Title Information System (NMVTIS) indicates it has been reported as “salvage” will be considered salvage unless there is sufficient evidence for the department to determine the salvage document or information retrieved from NMVTIS was in error.
These vehicles may not be operated on Idaho highways until rebuilt in compliance with Chapter 9, Title 49, Idaho Code and all federal motor vehicle safety and emission standards in effect for the model year and type of vehicle.
They will be issued an Idaho Salvage Certificate unless the other jurisdiction has issued a salvage certificate or other equivalent salvage ownership document. If any salvage vehicle is received by a “salvage pool” (as described in Section 49-120(4), Idaho Code), an Idaho salvage certificate of title will be issued, prior to sale unless the vehicle has a salvage certificate or other equivalent salvage ownership document issued by another jurisdiction. Any vehicle which has been declared junk, pursuant to Sections 49-516 and 49-522, Idaho Code, or is coming from another jurisdiction with a similar endorsement, or is designated by the owner or the insurance company as parts only, destroyed, or dismantled, may not be rebuilt for on-road use. Any vehicle NMVTIS indicates has been reported as having been scrapped or crushed may only be retitled with the brand, “For Junk Only”. If other information retrieved from NMVTIS indicates a vehicle qualifies for a “brand” as defined in this rule, the Department may brand the title accordingly. The provisions of this section will not apply if there is sufficient evidence for the department to determine the information retrieved from NMVTIS was in error.(3-21-22)
03.Title Application Requirements for Vehicles Defined as Salvage and Rebuilt Salvage Vehicles.
a.The applicant will provide a written statement which includes the vehicle information, vehicle identification numbers, salvage date, and the work done personally by the owner or supervised by the owner to restore the vehicle to the operating condition that existed prior to the event causing the vehicle to be salvaged.
b.In the event that the applicant did not personally repair the vehicle or supervise its repair, but another party performed the repairs, the applicant will certify to the best of his knowledge the name of the party that did repair the vehicle or personally supervised its repair. This certification will be made on a salvage vehicle statement. If there is no indication in the ownership documentation that the vehicle had previously been declared salvage or a total loss and the applicant does not know who repaired the vehicle, they may certify this on a salvage vehicle statement.
c.In the event that repairs were not necessary to bring the vehicle to operating condition pursuant to Chapter 9, Title 49, Idaho Code, the applicant will certify this on a salvage vehicle statement.(3-21-22)
d.The applicant will sign an indemnifying statement agreeing to defend the title in all legal disputes arising out of his possession of the title to the vehicle, and attesting to the fact that all information contained in the statement and its attachments are true and correct.(3-21-22)
e.The new Idaho title issued will be branded “REBUILT SALVAGE.” Such notation will remain on the title and on all subsequent transfers of the title.(3-21-22)
04.Salvage Vehicle Damaged Out-of-State. If a vehicle that is titled in Idaho is damaged in another state or jurisdiction to the extent that the vehicle becomes a “salvage vehicle” as defined by Section 49-123(2)(o), Idaho Code, and the vehicle is not going to be returned to Idaho, the owner or insurer will, upon determining the vehicle to be salvage, notify the purchaser and the Department in writing of the salvage status. If this vehicle returns to Idaho, the title will be branded “Rebuilt Salvage” or carry another jurisdiction's comparable brand forward unless the vehicle has not yet been repaired and has not had a salvage certificate or other salvage ownership document issued by another jurisdiction in which case the owner will obtain an Idaho salvage certificate of title.(3-21-22)
IDAPA 39.02.05.304 Glider Kits
01.Title Application Requirements.
a.An MCO for the glider kit will be submitted with the application for title.(3-21-22)
b.If the applicant dismantles a vehicle presently titled to the applicant and uses the significant parts with the glider kit, either a statement of fact will be prepared or the applicant will complete an affidavit, identifying the significant parts by identifying numbers. If the significant parts were purchased separately from a new or used parts outlet, a bill of sale or invoice is necessary. If the significant parts were purchased from a private owner, a bill of sale is necessary.(3-21-22)
c.If the frame and cab that the parts were stripped from will never be used again, i.e., frame and cab destroyed, not salvageable, the title will be surrendered with the application. If the frame or cab can be used again, the owner or motor vehicle investigator will mark the title “frame only” or “cab only.”(3-21-22)
d.The vehicle will be completely assembled and meet the requirements of Chapter 9, Title 49, Idaho Code, and the federal motor vehicle safety standards in effect for the model year at the time of application. (3-21-22)
02.Assignment of VIN. The VIN will be the number assigned to the kit by the manufacturer. In the absence of such number, the motor vehicle investigator will assign a VIN.(3-21-22)
03.Model Year. The model year will be the year of the kit, determined by priority in the following order:(3-21-22)
a.Written statement from the manufacturer.(3-21-22)
b.Seventeen (17) character VIN’s model year designator;(3-21-22)
c.Designation of model year shown on an approved MCO; or(3-21-22)
04.Make of Vehicle. The make of the vehicle will be the make of the glider kit.(3-21-22)
05.Title Branded. The designation “GLIDER KIT VEHICLE” will be branded on the title. (3-21-22)
IDAPA 39.02.05.305 Title Application Requirements for Replica, Street Rods, Replica Street
RODS, AND ASSEMBLED VEHICLES.
01.Applicant Will Provide Proof of Ownership.
The applicant will provide proof of ownership for all significant parts that are used in replicating or assembling the vehicle. The body will have a properly released title from the previous owner or a title in the applicant’s name. The frame only may be transferred with a copy of a bill of sale given by the legal owner showing the vehicle identification number (VIN). Other significant parts that are used will be verified by traceable invoices identifying the significant part or parts if purchased from an established new or used parts outlet. If the other significant parts are purchased from a private party, a bill of sale showing the seller’s name and address is necessary. An MCO will accompany the documents for manufactured kits or if no MCO was issued, a factory invoice or bill of sale from the selling dealer together with a statement certifying no MCO was issued for the kit is acceptable.(3-21-22)
02.Model Year. The model year for replica vehicles and replica street rods will be the year that the vehicle replicates. The model year for assembled vehicles and street rods will be the model year of the vehicle body.
03.Inspection by a Motor Vehicle Investigator. When the vehicle is in operating condition an inspection by a motor vehicle investigator is necessary. A fee of twenty-five dollars ($25) is necessary for this inspection and the preparation of the statement of fact and indemnifying statement. In addition, if a vehicle identification number is assigned, the fee in Section 49-202(2)(j), Idaho Code, will be charged. If the vehicle is eligible to be registered for road use, the owner will complete a self-certification form prescribed by the Department stating that the vehicle is in compliance with Chapter 9, Title 49, Idaho Code, and meets the federal motor vehicle safety and emission standards in effect for the model year and type of vehicle.(3-21-22)
IDAPA 39.02.05.306 (Reserved)
IDAPA 39.02.05.400 Abandoned Vehicles
Abandoned vehicles not claimed before the day of sale will be sold by the appropriate governmental entity if one exists.
This regulation will not prevent governmental entities from entering into agreements with other governmental entities to conduct sales.(3-21-22)
IDAPA 39.02.05.401 Gray Market and Canadian Vehicles
01.Required Documents.
When the owner of a gray market or Canadian vehicle applies for title for the first time in the U.S., the following documents will be presented.(3-21-22)
a.Statement indemnifying the Department.(3-21-22)
b.Statement of Facts from a motor vehicle investigator, or if waived by the Department based on facts presented by the owner, a vehicle identification number inspection.(3-21-22)
c.All documents relating to ownership including but not limited to; manufacturer’s certificate of origin, manufacturer’s statement of origin, foreign title, or registration (if the vehicle is not from a titling country), and bills of sale. A complete chain of ownership should be presented from the manufacturer (for new vehicles) or from the last titled owner, or registered owner (if the vehicle is not from a titling country) to all subsequent owners of the vehicle both in the foreign market and the United States. At a minimum, releases of interest will be presented from all parties shown to have had an interest.(3-21-22)
d.National Highway Traffic Safety Administration (NHTSA) HS-7 declaration form, properly completed with the category of importation indicated, unless waived by the Department. This will be accompanied by evidence of compliance with requirements for the category declared on the HS-7, such as a U.S. Department of Transportation bond release letter. If the HS-7 indicates a DOT bond was provided for a non-conforming gray market or Canadian vehicle, except that if there is evidence more than 30 days have passed since the registered importer submitted the conformity package to NHTSA and NHTSA has not responded, a title may be issued without the bond release letter but will carry the notation “DOT BOND RLS PENDNG”.(3-21-22)
e.U.S. Customs and Border Protection (CBP) Entry Summary form CBP 7501, stamped and signed by CBP.(3-21-22)
02.Designation of Model Year. The model year for titling and registering gray market vehicles will be determined in an order of priority, based on the following criteria:(3-21-22)
a.The model year used by a specific manufacturer to designate a discrete vehicle model irrespective of the calendar year in which the vehicle was actually produced;(3-21-22)
b.The model year shown on an ownership document issued by that vehicle’s country of origin;
c.Any vehicle manufactured during a twelve (12) month period beginning September 1, and ending August 31, will bear the production year of the calendar year in which August 31 occurs; or(3-21-22)
d.The model year by certification of the importer of record. The certification can be verified against vehicle production dates, based upon substantially similar models of the same make of vehicle.(3-21-22)
03.Foreign Documents. When a foreign manufacturer’s certificate of origin, manufacturer’s statement of origin, or registration and/or titling documents are presented, a translation of the foreign documents may be necessary to clarify the information contained in the documents. If necessary, such translation will be at the owner’s expense and certified by the translator as true and correct.(3-21-22)
04.Conditional Registration. Until gray market vehicles meet Idaho registration and titling requirements, the county assessor will issue a conditional registration under the “Conditional Registration” program to allow time for the federal government to act upon the necessary releases or for the owner to obtain legal ownership documentation.(3-21-22)
05.Exception. When the owner of a gray market vehicle has a current title issued by another state, the other requirements specific to Section 401of this rule for title and registration will not apply unless the title carries the brand, “Gray Market Vehicle (not in compliance)” or another brand or notation indicating the vehicle was not brought into compliance with U.S. DOT and EPA requirements. If a gray market vehicle has a current title issued by another state that carries the brand, “Gray Market Vehicle (not in compliance)” or another equivalent brand or notation and the other requirements of Section 401 of this rule have not been met, the vehicle cannot be registered and the owner may only receive an Idaho title issued with same or equivalent brand or notation.(3-21-22)
06.Brands. The Department may issue titles with applicable brands for gray market vehicles and other vehicles that were not originally manufactured to meet applicable federal motor vehicle safety standards.(3-21-22)
IDAPA 39.02.05.402 (Reserved)
IDAPA 39.02.05.900 Waiver of Titling Requirements
01.Purpose.
This rule specifies the circumstances under which a person or entity may waive the thirty (30) day requirement to apply for title to a vehicle which has been acquired by operation of law, and to provide that the person or entity, in lieu of having a certificate of title issued in the person’s name, may provide other documents to demonstrate and transfer ownership to the buyer or transferee upon sale or transfer of the vehicle.(3-21-22)
02.Law Enforcement Agencies. Vehicles awarded to law enforcement agencies through operations of law need not be titled if the vehicle is not to be put into service by the agency and is to be sold or transferred. In this case, the agency may provide a bill of sale to the purchaser together with a copy of the court order or other instrument awarding the vehicle to the agency, and any existing certificate of title, if available.(3-21-22)
03.Inheritance. Vehicles coming into possession by inheritance need not be titled in the name of the heir when the intent of the heir is not to use or register the vehicle, but to dispose of the vehicle to a transferee. Upon sale or transfer of the vehicle, the heir will provide a bill of sale to the purchaser or gift transfer affidavit to the transferee, together with an affidavit of inheritance or small estate affidavit and any existing certificate of title if available.(3-21-22)
IDAPA 39.02.05.901 (Reserved)
39.02.70 Rules Governing Restricted Driving Permits
IDAPA 39.02.70.000 Legal Authority
Under authority of Sections 18-8002A, 49-325, and 49-326, Idah o Code, the Idaho Transportation Board adopts the following Rule for the issuance of Restricted Driving Permits for licensed drivers who face certain suspension or revocation of driving privileges in the state of Idaho.(4-6-23)
IDAPA 39.02.70.001 Scope
This rule contains guidelines for issuance of non-commercial res tricted driving privileges for those individuals whose driving privileges have been suspended or revoked under authority of Idaho law; and establishes minimum standards for the issuance, denial and cancellation of non-commercial Restricted Driving Permits.(4-6-23)
IDAPA 39.02.70.002 (Reserved)
IDAPA 39.02.70.100 Eligibility
Individuals eligible for restricted driving privileges in the state of Idaho will meet two (2) general criteria:(4-6-23)
01.Need. Show that driving privileges are essential to maintain a livelihood and/or to provide necessities of life;(4-6-23)
02.Safety. Show that restricted driving privileges will not jeopardize the safety of the traveling public; and(4-6-23)
IDAPA 39.02.70.101 (Reserved)
IDAPA 39.02.70.200 Duration and Expiration of Restricted Driving Permit
01.Duration and Expiration. The Restricted Driving Permit will remain in effect for the period of time the driver’s privileges have been suspended or revoked unless canceled by the department or otherwise provided by law.(4-6-23)
02.Reinstatement Action. Satisfactory completion of the terms and conditions of the Restricted Driving Permit will be noted in the driving records of the participant as maintained by the Department, and the Department will reinstate the applicant’s regular driving privileges at the expiration of the Restricted Driving Permit if he has complied with all conditions of the Restricted Driving Permit and reinstatement requirements. Any convictions or notices of suspension or revocation will remain a part of the driver’s file.(4-6-23)
IDAPA 39.02.70.201 (Reserved)
IDAPA 39.02.70.400 Restricted Driving Permits Will Not Be Issued
Restricted Driving Permits will not be issued by the Department to:(4-6-23)
01.Privileges Suspended. Individuals who have had their driving privileges suspended or revoked by the Court and/or Department three (3) or more times during the three (3) year period prior to the effective date of the current suspension.(4-6-23)
02.Like Offense. Individuals who have been issued a Restricted Driving Permit by the Department or by an Idaho Court for a like offense within a previous two (2) year period prior to the effective date of the current suspension or revocation.(4-6-23)
03.Violation of Restrictions. An individual found to be in violation of restrictions on any court or Department-issued restricted driving permit.(4-6-23)
04.Revoked Out-of-State Drivers. An individual who was an out-of-state resident at the time driving privileges were revoked or suspended in that state or any other state other than Idaho.(4-6-23)
05.Under Seventeen. An individual who is not at least seventeen (17) years of age at the time of issuance of the permit.(4-6-23)
IDAPA 39.02.70.401 (Reserved)
IDAPA 39.02.70.500 General Application Procedure for a Non-Commercial Restricted
DRIVING PERMIT.
01.Applicant Submissions. Applicant will submit the following before their suspension or revocation is stayed:(4-6-23)
a.Completed Form No. ITD-3227, Application for Restricted Driving Permit;(4-6-23)
b.Completed Form No. ITD-3208, Work Verification;(4-6-23)
c.Proof of motor vehicle liability insurance coverage in the amount directed by Idaho law to cover any and all vehicles to be used by the applicant;(4-6-23)
d.All applicable reinstatement requirements will be satisfied;(4-6-23)
e.A non-refundable application fee pursuant to Section 49-306, Idaho Code;(4-6-23)
02.Written Agreement. If the Department determines that an applicant is eligible for a noncommercial Restricted Driving Permit, the applicant must then sign written agreements, prepared by the Department, affirming all the information requested by the Department.(4-6-23)
03.Restricted Driving Permit Approval. Approval will be given and a Restricted Driving Permit will be issued if the following conditions are met:(4-6-23)
a.Submission and approval of all requirements; and(4-6-23)
b.No other suspensions or revocations are in effect which preclude issuance of a Restricted Driving Permit.(4-6-23)
IDAPA 39.02.70.501 (Reserved)
IDAPA 39.02.70.600 Driving Restrictions Specified
The Department may impose the following restrictions upon an applicant’s driving privileges and such restrictions will be s pecified on the Restricted Driving Permit:(4-6-23)
01.Operation of Vehicle. Time of operation of a motor vehicle, i.e. restricted to certain days, or hours of a day.(4-6-23)
02.Geographic Area. Geographic limitations within limits of states, counties, cities.(4-6-23)
03.Permitted Travel. To and from work, school, medical appointments, treatment programs, and to provide for basic life necessities of the applicant and/or their dependents.(4-6-23)
IDAPA 39.02.70.601 (Reserved)
IDAPA 39.02.70.700 Cancellation of Restricted Driving Permit
The Department may cancel a Restricted Drivi ng Permit and will re-activate the suspension or revocation order which will expire according to the original order if:(4-6-23)
01.Violation of Terms. There is a violation of terms of the written driver’s agreement.(4-6-23)
02.Violation of Restrictions. There is a violation of any of the restrictions set forth in the applicant’s Restricted Driving Permit.(4-6-23)
IDAPA 39.02.70.701 (Reserved)
39.03.40 Rules Governing Junkyards and Dumps
IDAPA 39.03.40.000 Legal Authority
Under authority of Sections 49-313(4), 40-1919, 40-192 0, 40-1921, and 40-312, Idaho Code, the Idaho Transportation Board adopts the following rule governing junkyards and dumps.(7-1-24)
IDAPA 39.03.40.001 Purpose
This rule provides guidelines for the control of junkyards and dumps within one thousand (1,000) feet of the nearest edge of the right-of-way for interstate, primary freeways and primary highways of the state of Idaho.(7-1-24)
IDAPA 39.03.40.002 (Reserved)
IDAPA 39.03.40.010 Definitions
01.Abandoned Junkyard.
A junkyard that was operated as a business enterprise in the past, now existing with inventory, but without proprietorship or claim of ownership. The underlying fee title holder has no interest in the inventory.(7-1-24)
02.Acceptable Fencing Materials. Steel or other metals, durable woods, or other woods treated with a preservative or walls of masonry.(7-1-24)
03.Acceptable Planting Materials. Shrubs, trees, flowering plants and foliage.(7-1-24)
04.Destroyed Junkyard. A junkyard that was operated as a business enterprise in the past that has been partially or totally destroyed by act of God or other means; and where the proprietor is not presently buying or selling junk.(7-1-24)
05.Discontinued Junkyard. A junkyard that was operated as a business enterprise in the past and where the proprietor is retaining the inventory for the present, but is not actively engaged in buying or selling junk.
06.Industrial Activities. Those permitted only in industrial zones, or in less restrictive zones by the nearest zoning authority within the State, except that none of the following will be considered industrial activities.
a.Outdoor advertising structures.(7-1-24)
b.Forest, farms and ranches.(7-1-24)
c.Activities normally and regularly in operation less than three (3) months of the year.(7-1-24)
d.Transient or temporary activities.(7-1-24)
e.Activities not visible from the traffic lanes of the main traveled way.(7-1-24)
f.Activities more than three hundred (300) feet from the nearest edge of the main traveled way.
g.Activities conducted in a building principally used as a residence.(7-1-24)
h.Railroad tracks, minor sidings and passenger depots.(7-1-24)
i.Junkyards, as defined in Section 136, Title 23, U.S.Code.(7-1-24)
07.Junkyard. A place of business which is maintained, used, or operated for storing, keeping, buying, or selling ten (10) or more wrecked, scrapped, ruined, or dismantled vehicles or other types of machines; or equivalent amounts of old scrap copper, brass, rope, rags, batteries, paper, trash, junk, rubber, debris, waste, iron, steel, and other old or scrap ferrous or non-ferrous material or any combination of the above.(7-1-24)
08.Non-Conforming Junkyard. One (1) which was lawfully established, but which does not comply with the provisions of state law or state regulations passed at a later date or which later fails to comply with state regulations due to changed conditions. Illegally established or maintained junkyards are not non-conforming junkyards.(7-1-24)
09.Screening. The use of any vegetative planting, fencing, ornamental wall of masonry, or other architectural treatment, earthen embankment, or a combination of any of these which will render invisible any deposit of junk from the main traveled way.(7-1-24)
10.Unzoned Industrial Area. The land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within one thousand (1,000) feet thereof which is: (7-1-24)
a.Located on the same side of the highway as the principal part of said activity.(7-1-24)
b.Not predominately used for residential or commercial purposes.(7-1-24)
c.Not zoned by state or local law, regulation or ordinance.(7-1-24)
IDAPA 39.03.40.011 (Reserved)
IDAPA 39.03.40.100 Applications, Licenses, and Permits
01.General.( 7-1-24)
a.A license or permit will be issued to any person for the operation of a junkyard or dump when such person has made application for and obtained approval for such license or permit on the form provided for that purpose by the Department.(7-1-24)
b.Any person operating a junkyard or dump will submit a basic plan for screening the same, together with his application, which will first be approved by the Department, before the installation of such screening and before a license or permit for the operation of such junkyard or dump will be issued.(7-1-24)
c.All junkyards and dumps requiring screening by the owner so as not to be visible from the roadway by motorists using the roadway will provide such screening, which may include shrubs, trees, flowering plants, foliage, fencing, buildings, or some other type of screening as will first have been approved by the Department.
d.Every junkyard or dump will be operated and maintained in accordance with the plan for screening which has been approved by the Department for the issuance of the license or permit. Failure of any person to so operate or maintain said junkyard or dump will result in the revocation of the license or permit issued.(7-1-24)
e.Applications for junkyard licenses or dump permits may be secured at the Idaho Transportation Department, 11331 W Chinden Blvd, Boise, Idaho 83714, or at the following District offices: District One, 605 Prairie, Coeur d’Alene, Mailing address -- P.O. Box D, Coeur d’Alene, Idaho 83814; District Two, 26th and North and South Highway, Lewiston, Mailing address -- P.O. Box 837, Lewiston, Idaho 83501; District Three, 8150 Chinden Blvd., Boise, Mailing address -- P.O. Box 8028, Boise, Idaho 83707; District Four, 216 Date Street, Shoshone, Mailing address -- P.O. Box 2-A, Shoshone, Idaho 83352; District Five, 5151 South 5th, Pocatello, Mailing address -- P.O. Box 4700, Pocatello, Idaho 83201; District Six, 206 North Yellowstone, Rigby, Mailing address -- P.O. Box 97, Rigby, Idaho 83442.(7-1-24)
02.Conformity.(7-1-24)
a.A non-conforming junkyard may continue as long as it is not abandoned, destroyed or voluntarily discontinued. Once a junkyard is abandoned, destroyed or voluntarily discontinued for a period of six (6) months or more, it becomes subject to laws and rules of a new junkyard.(7-1-24)
b.Junkyards will be allowed in areas zoned industrial by local zoning ordinances, except that where such ordinances create several classes or zones of industrial use and one (1) or more classes or zones do not permit junkyards, local zoning will control. (7-1-24)
IDAPA 39.03.40.101 (Reserved)
IDAPA 39.03.40.200 Screening
01.General Screening Requirements.
a.The screening will be located on the owner’s land and not on any part of the highway right-of-way.
b.The screen will be in place prior to the time the junk is deposited.(7-1-24)
c.At no time after the screen is established will the junk be stacked high enough to be visible above the screen. No junk will be placed outside of the screened areas or in the areas not covered by license.(7-1-24)
02.Screening Plan.(7-1-24)
a.The screening plan should provide a practical irrigation or watering system where necessary.
b.The screening plan should provide a replacement and fertilization program.(7-1-24)
c.The screening plan should provide for landscaping that is relatively maintenance free.(7-1-24)
d.The screening plan can provide a living screen which may be used in conjunction with a fence or wall.(7-1-24)
IDAPA 39.03.40.201 Fences
01.Location. Fences must be located in such a manner as to not be hazardous to the traveling public.
02.Uniformity. Construction will be uniform and no patch work type of construction will be permitted.(7-1-24)
03.Painting. Fences will be painted where the composition is such that painting is required. The paint used will be of such color so as to blend into the environs of the highway right-of-way.(7-1-24)
04.Specifications. Fences will be constructed as specified in Department’s “Standard Drawings.”
05.Strength. Fences will be designed and constructed to withstand adverse wind pressures.(7-1-24)
06.Gate Openings. Fences will have gates that are kept closed except for ingress and egress of moving vehicles or have gateways so constructed to screen the inventory and operation from the highway user at all times.(7-1-24)
07.Visibility. Some of the types of fences acceptable to preclude “see through” are:(7-1-24)
a.Chain link type with aluminum, steel, plastic or wooden slat inserts.(7-1-24)
b.Wooden types of basket weave, palisade, louver, or other suitable design.(7-1-24)
c.Wall of masonry including plain or ornamental concrete block, brick, stone or other suitable masonry material.(7-1-24)
d.Any other design of fencing constructed of other materials may be submitted for consideration.
IDAPA 39.03.40.202 Planting Materials
01.Species. Plant materials indicated on the plans will specify the common and botanical name of the plant materials used, the size at the time of planting and the spacing between plants.(7-1-24)
02.Growth and Conformity. Plant materials should be native to the area which grow to an appropriate height within a three (3) year period and are long-lived. The plantings should complement the existing highway and adjacent land use environmental condition.(7-1-24)
03.Caretaking. Plant material will be watered, cultivated, or mulched, and given any maintenance including spraying for insect control, to keep the planting material in a good healthy condition.(7-1-24)
04.Replacement. Dead plant material will be removed immediately and will be replaced during the next spring or fall planting season following death. The replacement plants will be at least as large as the initial planting.(7-1-24)
IDAPA 39.03.40.203 Earthen Embankments
Such as berms or mounds may be considered.(7-1-24) 01.
Conformity. After grading, landscaping must be done to maintain a natural environmental appearance.(7-1-24)
02.Mix. May be used in conjunction with fences and plant materials.(7-1-24)
IDAPA 39.03.40.204 (Reserved)
IDAPA 39.03.40.400 Penalties
Any person violating the provisions of this regulation or o perating a junkyard without a license or a dump without a permit as provided for herein, will be subject to the penalties provided in Section 40-1926, Idaho Code.(7-1-24)
IDAPA 39.03.40.401 (Reserved)
39.03.65 Rules Governing Traffic Minute Entries
IDAPA 39.03.65.000 Legal Authority
This rule adopted under the authority of Sections 49-201 and 49-202, Idaho Code.(3-31-22)
IDAPA 39.03.65.001 Purpose
This rule establishes the procedures for making Traffic Minu te Entries regulating speed zoning, parking, traffic control devices, and the selective exclusion of traffic on the State Highway System.(7-1-25)
IDAPA 39.03.65.002 (Reserved)
IDAPA 39.03.65.010 Definitions
01.Traffic Minute Entries. Of ficial entries made to Department records regulating traffic on the State Highway System.(3-31-22)
IDAPA 39.03.65.011 (Reserved)
IDAPA 39.03.65.100 General Provisions
01.Preparation.
Traffic Minute Entries (except for temporary speed zones will be prepared by the Traffic Section for approval by the Department Director, State Highway Administrator, or the Chief of Highway Operations.(7-1-25)
02.Requests. Each request for a Traffic Minute Entry will indicate:(7-1-25)
a.The location regulated by the Traffic Minute Entry;(3-31-22)
b.The basis for the request; and(3-31-22)
c.Traffic and engineering study of operational characteristics and observations that support the Traffic Minute Entry.(3-31-22)
03.Temporary Regulations. Temporary traffic regulations for construction or maintenance zones will be initiated, monitored, corrected, and deleted by written approval of the appropriate District Engineer.(7-1-25)
04.Unresolved Differences. Traffic Minute Entry worksheets regulating traffic on the State Highway System within incorporated cities should have the concurrence of the appropriate local officials. Unresolved differences regarding Traffic Minute Entries will be documented by the Traffic Section and presented to the Transportation Board for resolution.(7-1-25)
IDAPA 39.03.65.101 (Reserved)
IDAPA 39.03.65.200 Required Entries
Traffic Minute Entries will be made for the following types of traffic regulations on the State Highway System:
( 7-1-25)
01.Limits.(3-31-22)
a.Permanent speed limits.(3-31-22)
b.Bridge limits (allowable gross loads).(3-31-22)
02.Parking.(3-31-22)
a.Rural parking restrictions.(3-31-22)
b.Approval of angle parking on state highways through cities.(3-31-22)
03.Traffic Control.(3-31-22)
a.Selective exclusion of vehicles on controlled-access highways.(3-31-22)
04.Other Entries. Temporary construction, maintenance, and emergency regulations approved by the District Engineer.(3-31-22)
IDAPA 39.03.65.201 (Reserved)
IDAPA 39.03.65.300 Parking on State Highways Within Cities
Parking prohibitions and regulations on the State Highway System within incorporated cities will be approved by the city and the ITD Traffic Section and will be covered by a local ordinance unless provided for by a cooperative maintenance or construction agreement. Unresolved differences between incorporated cities and ITD will be presented to the Transportation Board for final resolution.(7-1-25)
IDAPA 39.03.65.301 (Reserved)
39.03.49 Rules Governing Ignition Interlock Devices
IDAPA 39.03.49.000 Legal Authority
Section 18 -8008, Idaho Code.(7-1-26)
IDAPA 39.03.49.001 Scope
This chapter implements Section 18-8008, Idaho Code, relating to ignition interlock breath alcohol devices. (7-1-26)
IDAPA 39.03.49.002 (Reserved)
IDAPA 39.03.49.010 Definitions
01.Alcohol.
The generic class of organic compounds known as alcohols.(7-1-26)
02.Breath Alcohol Concentration (BrAC). The weight amount of alcohol contained in a unit volume of breath, measured in grams/two hundred ten (210) liters of breath.(7-1-26)
03.Court (Or Originating Court). The particular Idaho state court that has required the use of an ignition interlock device by a particular individual.(3-31-22)
04.Certification. The approval process required by the Department.(7-1-26)
05.Device. An ignition interlock device.(3-31-22)
06.Diversion Program Administer or Designee. The prosecuting attorney or an individual or business appointed by a prosecuting attorney of any Idaho county, to administer the diversion program established by the prosecuting attorney on their behalf.(3-31-22)
07.Ignition Interlock Device. An instrument designed to measure the BrAC of an individual equipped with a camera and which prevents a motorized vehicle from starting or operating when the BrAC is greater than or equal to point zero two five (.025).(7-1-26)
08.Independent Testing Laboratory. A laboratory facility that is not subject to the control of the manufacturer or the manufacturer’s representative.(3-31-22)
09.Interlock. The state in which a motor vehicle is prevented from starting or operating by a device.
10.Lessee. The person ordered by a court to drive only vehicles that have certified devices installed.
11.Manufacturer. The person, or organization responsible for the design, construction and production of the device.(3-31-22)
12.Manufacturer’s Representative. A company or corporation registered as a business with the Idaho Secretary of State who is designated by the manufacturer to sell, rent or lease a specific device in the State of Idaho and provide installation, maintenance and removal of the device through the operation of service centers.
13.Circumvention. To bypass the correct operation of a device by starting the motor vehicle or operating the motor vehicle by any means without first providing a breath test.(3-31-22)
14.Tampering. An attempt to disable, adjust, or otherwise alter the proper operation of a device or camera. “Tampering” does not include disconnecting the handset once the vehicle is turned off.(3-31-22)
15.Ignition Interlock Waiver Liability. If a court grants a driver relief from the requirement of adding an ignition interlock device under the provisions of either Sections 18-8002A, 18-8002 or 18-8008, Idaho Code, the waiver will cover both ignition interlock requirements from the criminal charges and from the civil administrative license suspension. When the Department receives a court order granting the waiver of an ignition interlock requirement, the Department will not be liable for complying with the court’s order, and no cause of action will accrue against the Department for not enforcing the ignition interlock requirement in the civil administrative license suspension under Section 18-8002A, Idaho Code.(7-1-26)
IDAPA 39.03.49.011 (Reserved)
IDAPA 39.03.49.100 Certification Process
01.Equipment Standards.
A device must be produced by a manufacturer who maintains certification to the current International Organization for Standardization (ISO) 9001 Quality Management Systems for aspects related to the design, maintenance and distribution of the device. Written documentation demonstrating compliance with this requirement will be submitted to the Department by the manufacturer on an annual basis. Additionally, a device must meet or exceed the National Highway Traffic Safety Administration’s (NHTSA) model specifications for breath alcohol ignition interlock devices (BAIIDs) as published in the Federal Register/Vol. 78, No. 89/ Wednesday, May 8, 2013 and are subject to subsequent standards published by NHTSA. Written documentation from an independent testing laboratory that is an International Organization for Standardization (ISO) 17025 certified testing laboratory performing the tests as specified, will be accepted as proof of meeting or exceeding the NHTSA Model Specifications for BAIIDs. The documentation from the ISO 17025 certified testing laboratory will include: the name, physical location, mailing address and phone number of the testing laboratory; a description of the tests performed; copies of the data and results of the testing procedures; and the name of the device being submitted for approval.(7-1-26)
a.A manufacturer must report in writing to the Department a material device modification if there is a material change affecting the customer functionality, customer communication or accuracy of the device. Upon written receipt of a material device modification, the Department within thirty (30) days will determine whether written documentation from an independent testing laboratory that is ISO 17025 accredited will be required prior to implementing device usage in Idaho.(3-31-22)
b.Devices that were certified under less stringent IDAPA rules governing BAIID devices or previous model specifications as published in the Federal Register will be grandfathered for use in the state for a period no longer than one hundred eighty (180) days from the effective date of the most recent published device specifications at which time the Letter of Certification for the device will be revoked pursuant to Subsection 100.05, and removed in accordance with Subsection 100.07. (7-1-26)
02.Proof of Insurance. The manufacturer will annually provide to the Department proof of insurance with minimum liability limits of one million dollars ($1,000,000) per occurrence, with three million dollars ($3,000,000) aggregate total. The liability covered will include defects in product design and materials, as well as workmanship during manufacture, calibration, installation and removal. The proof of insurance will include a statement from the insurance carrier that thirty (30) days’ notice will be given to the Idaho Transportation Department prior to cancellation.(7-1-26)
03.Hold Harmless. The manufacturer will provide to the Department a notarized statement that the manufacturer will be totally responsible for product liability and will indemnify the following from any liability resulting from the device or its installation or use:(7-1-26)
a.The state of Idaho; and(3-31-22)
b.The court that ordered the installation of the device.(3-31-22)
c.The count y, its employees and designees administering the program.(3-31-22)
04.Manufacturer’s Reporting Requirements. The manufacturer will provide the Department a description of its installation and monitoring procedures, maintenance technician training program, and set of criteria for monitoring and reporting offenders.(7-1-26)
05.Criteria for Certification and/or Revocation. Upon receipt of the required documentation from the Manufacturer as set forth in Subsections 100.01 through 100.04 the Department will issue a Letter of Certification for the device. The Letter of Certification will be valid until voluntarily surrendered by the manufacturer or until revoked by the Department for cause. Reasons for revocation include, but are not limited to:(7-1-26)
a.Evidence of repeated device failures due to gross defects in design, materials and/or workmanship during manufacture, installation or calibration of the device;(3-31-22)
b.Notice of cancellation of manufacturer’s liability insurance is received; or(3-31-22)
c.Notification that the manufacturer is no longer in business.(3-31-22)
d.Voluntary request of the manufacturer to remove a device from the certified list;(3-31-22)
e.Any other reasonable cause to believe the device was inaccurately represented to meet the performance standards; or(3-31-22)
f.Failure to submit required reports to the Department.(3-31-22)
06.Notice of Revocation. Unless necessary for the immediate good and welfare of the public, revocation will be effective twenty-one (21) days after manufacturer’s receipt of notice, which will be sent via certified mail, return receipt requested. A copy of each Notice of Revocation and final outcome will be provided to all originating courts or their designees and lessees utilizing the revoked device with notice to contact the manufacturer for a replacement.(7-1-26)
07.Removal of Revoked Devices. Upon revocation or voluntary surrender of a certified device, a manufacturer will be responsible for removal of all like devices from lessees’ vehicles.(7-1-26)
a.A manufacturer will be responsible for any costs connected with removal of their revoked devices from lessees’ vehicles and the installation of certified replacement devices.(3-31-22)
b.The manufacturer must obtain and maintain a bond in the amount of thirty-five thousand dollars ($35,000). The bond will inure to the benefit of the State of Idaho and will be used to reimburse expenses related to the device services incurred by any lessee who is required to equip a vehicle with a device by the State of Idaho because a manufacturer's certification is being refused, suspended, or revoked. The bond must include the following:
i.The bond must be issued by a corporate surety licensed to do business within the State of Idaho;
ii.The surety will have the ability to cancel the bond and give notice that the bond is cancelled for any reason and will continue to be liable under the bond until the commissioner of public safety receives notice; (7-1-26)
iii.The bond must be executed to the State of Idaho; and(3-31-22)
iv.The original bond must be filed and held in the Department's office.(3-31-22)
08.Right to Appeal. Upon voluntary surrender, written notice of or revocation of a Letter of Certification for a manufacturer’s device, manufacturers may request a review of the revocation. Such request will be submitted to the Department, in writing, within twenty (20) days of receiving the written notice of revocation.
09.Repository for Letter of Certification. The Department will maintain a file of all existing Letters of Certification.(7-1-26)
IDAPA 39.03.49.101 (Reserved)
IDAPA 39.03.49.200 Installation Standards
01.Installer. Devi ce must be installed by a manufacturer or manufacturer’s representative. (3-31-22)
02.Unauthorized Persons. Lessees or other unauthorized persons will not be allowed to watch the installation or removal of the device.(7-1-26)
03.Security. Adequate security measures must be taken to prevent unauthorized persons from accessing secured materials (tamper seals, installation instructions, etc.)(3-31-22)
04.Installation Instructions. Each manufacturer will develop written instructions for installation of its device(s).(7-1-26)
05.Vehicle Condition Screen. The installer must screen vehicles for acceptable mechanical and electrical condition, in accordance with the device manufacturer’s instructions.(3-31-22)
06.Mandatory Vehicle Maintenance. Conditions that would interfere with the function of the device, (e.g. low battery or alternator voltage, stalling frequent enough to require additional breath tests, etc.) must be corrected to an acceptable level.(3-31-22)
07.Installation Standards. Installations must be made in a workmanlike manner, within accordance to accepted trade standards, and according to the instructions provided by the manufacturer.(3-31-22)
08.Device Removal Standards. When a device is removed, the vehicle must be reasonably restored to its original condition. All severed wires must be permanently reconnected and insulated with heat shrink tubing or its equivalent.(3-31-22)
IDAPA 39.03.49.201 (Reserved)
IDAPA 39.03.49.300 Device Maintenance and Reports
01.Device Examination Schedule. Each lessee w ill have the device examined by a manufacturer or manufacturer’s representative for correct calibration and evidence of tampering every sixty (60) days, or more often as may be ordered by the originating court, or less frequently, as may be ordered by the originating court.(7-1-26)
02.Report of Examination. A report on the results of each check will be provided to the trial court administrator or designee of the originating court. The report will reflect what adjustments, if any, were necessary in the calibration of the device, any evidence of tampering or circumvention, and any other available information the originating court may order.(7-1-26)
03.Corrective Action Report. Upon request of the originating court, diversion program administrator or their designee complaints by the lessee will be accompanied by a statement of the actions taken to correct the problem(s). Reports of the problem(s) and action(s) taken will be submitted to the originating court or its designee within three (3) business days.(7-1-26)
04.Additional Report. Upon request, an additional report will be provided to the Department on a quarterly basis summarizing all periodic checks ordered by the originating court and all complaints received by the manufacturer from the lessee for each model or type of certified device. These reports will be categorized by:
a.Customer error of operation.(3-31-22)
b.Faulty automotive equipment other than the device.(3-31-22)
c.Apparent misuse or attempts to circumvent the device, causing damage.(3-31-22)
d.Device failure due to material defect, design defect, workmanship errors in construction, installation or calibration.(3-31-22)
IDAPA 39.03.49.301 Device Security
01.Tampering or Circumvention Precaution.
The manufacturer will take all reasonable steps necessary to prevent tampering or physical circumvention of the device.(7-1-26)
02.Device Identification. Each device will be uniquely serial numbered. All reports to the trial court administrator or designee of an originating court concerning a particular device will include the name and address of the lessee, the originating court’s file number, and the unique number of the device.(7-1-26)
03.Warning Label. The manufacturer will provide a label containing a notice (at least ten (10) point boldface type) on each certified device which is visible to the lessee at all times reading: WARNING: ANY PERSON TAMPERING, CIRCUMVENTING, OR OTHERWISE MISUSING THIS DEVICE MAY BE SUBJECTED TO CRIMINAL SANCTIONS. (Section 18-8009, Idaho Code)(7-1-26)
04.Physical Anti-Tamper Security.(3-31-22)
a.Use unique, easily identifiable wire, covering or sheathing over all wires used to install the device, which are not inside a secured enclosure.(3-31-22)
b.Make all connections to the vehicle under the dash or in an inconspicuous area of the vehicle.
c.Use unique, easily identifiable tamper seal, epoxy or resin at all openings and exposed electrical connections for the device (except breath or exhaust ports).(3-31-22)
05.Personnel Requirements. Devices must be installed, inspected, tested and maintained by a qualified manufacturer or manufacturer’s representative.(3-31-22)
a.Installers must have the training and skills necessary to install, troubleshoot and check for proper operation of the device, and to screen the vehicle for acceptable operating conditions.(3-31-22)
b.Installers whose functions and duties include installing, calibrating, performing tamper and circumventions inspections and reporting duties, should not have been convicted of a crime substantially related to the convicted lessee’s violation. This includes, persons convicted of: Driving under the influence (DUI) within the last five (5) years; more than one (1) DUI overall; probation violation; and perjury.(3-31-22)
c.For the purposes of this section, “convicted” includes entering a plea of guilty, nolo contendere, or to have been found guilty or been given a withheld judgment.(7-1-26)
IDAPA 39.03.49.302 (Reserved)
IDAPA 39.03.49.400 Mandatory Operational Features
Notwithstanding other provisions of this chapter, a certified device must comply with the following:(7-1-26) 01.
Device Setpoint. The setpoint of each device to interlock when the breath sample is provided point zero two five (.025) or greater (Section 18-8008(2), Idaho Code). The capability to change this setting will be made secure, by the manufacturer, to prevent unauthorized adjustment of the device.(7-1-26)
02.Camera. Every device currently installed in a vehicle must be equipped with a camera that is not located inside the handset and is mounted to the vehicle in such a way to capture a reference photo at the time of installation and a digital image of the driver sitting in the driver’s compartment when a breath sample is submitted, refused, or the device is circumvented. The de-vice must store all data, including the image, time, date, and BrAC of the accepted breath sample each time the individual attempts to use the device.(3-31-22)
a.The device camera must function in all lighting conditions.(3-31-22)
b.All images and data collected between calibration periods must be stored in the device's data storage system and be downloadable at the time of calibration by the device manufacturer or manufacturer’s representative in order to ensure proper record maintenance.(3-31-22)
IDAPA 39.03.49.401 Other Provisions
Notwithstanding other provisions of this chapter, each manufacturer of a certified device:(7-1-26)
01.Repair Deadline. Will guarantee repair or replacement of a defective device within the state of Idaho within a maximum of forty-eight (48) hours of receipt of complaint.(7-1-26)
02.Statement of Charges. The manufacturer or the manufacturer’s representative will provide the originating court, diversion program administrator or its designee, and the lessee a statement of all device charges clearly specifying warranty details, purchased cost, and/or monthly lease amount, any additional charges anticipated for routine calibration and service checks, what items (if any) are provided without charge, and under what conditions a lessee is responsible for payment for service calls and/or damage to the device.(3-31-22)
03.Notice of Installation. Upon installation of each device, the manufacturer or its representative will provide the trial court administrator, diversion program administrator or designee of the originating court with a notice of installation that includes the name, address and telephone number of the lessee, the originating court’s file number, and the unique number of the device.(3-31-22)
04.Nationwide Service Center Locations. Prior to installation, the manufacturer or manufacturer’s representative will provide the following to all lessees:(3-31-22)
a.A list of all calibration/service locations in the continental United States. The list will include the business name, address and telephone number of all locations.(3-31-22)
b.A twenty-four (24) hour telephone number to call for service support for those who may be traveling outside service areas.(3-31-22)
05.Statewide Service Center Locations. Prior to installation, the manufacturer or the manufacturer’s representative will provide the following to all lessees:(3-31-22)
a.A list of all calibration/service locations in the state of Idaho. The list will include the business name, address and telephone number of all locations.(3-31-22)
b.Will notify the Department of the location, including address, phone number and contact person, of each service center in Idaho.(3-31-22)
06.Removal of Device. The manufacturer or manufacturer’s representative will advise the originating court, diversion program administrator or its designee prior to removing the device under circumstances other than:
a.Completion of sentence or other terms of a court order.(3-31-22)
b.Immediate device repair needs.(3-31-22)
09.Substitute Device. Whenever a device is removed for repair and cannot immediately be reinstalled, a substitute device will be utilized. Under no circumstances will a lessee’s vehicle be permitted to be driven without a required device.(7-1-26)
IDAPA 39.03.49.402 Removal Procedures
When so notified in writing by the originating court, the manufacturer or the manufacturer’s representative will remove the device and return the vehicle to normal operating condition. A final report, which includes a summary of all fees paid by the lessee over the life of the contract, will be forwarded to the originating court, diversion program administrator or its designee and the Department.(7-1-26)
IDAPA 39.03.49.403 (Reserved)
IDAPA 39.03.49.500 Primary Responsibilities of Agencies/Offices Monitoring This Chapter
Listed below are some of the primary responsibilities of the indicated of fices/agencies, as outlined in this chapter.
01.Testing Lab.(3-31-22)
a.Test devices for minimum standards.(3-31-22)
b.Submit notarized statement and copy of the Certification Test Report to manufacturer.(3-31-22)
c.Keep log of test results.(3-31-22)
02.Manufacturer or Manufacturer’s Representative.(3-31-22)
a.Submit device to lab for testing.(3-31-22)
b.Install, maintain and remove device as required by court.(3-31-22)
c.Set interlock level as established by Idaho Code.(3-31-22)
d.Submit quarterly (or more frequent) maintenance reports to originating court or its designee.
e.Upon request, submit quarterly reports to the Department summarizing periodic device examinations and all complaints received.(3-31-22)
f.Provide court, diversion program administrator or its designee, or lessee and Department with statement of charges and/or any additional fees.(3-31-22)
g.Provide lessee with service and repair information.(3-31-22)
h.Provide the Department with proof of insurance annually.(3-31-22)
i.Report any attempt to disconnect any device to originating court, diversion program administrator or its designee.(3-31-22)
j.Advise court, diversion program administrator or its designee before removing any device unless authorized or in need of immediate repair.(3-31-22)
03.Department.(7-1-26)
a.Maintain a list of known calibration/service locations in the state.(3-31-22)
b.Issue Letter of Certification for each device model to manufacturer.(3-31-22)
c.When necessary, revoke Letter of Certification.(3-31-22)
d.Maintain file of all letters.(3-31-22)
e.Maintain file of statement of charges (by device model).(3-31-22)
f.Maintain proof of insurance.(3-31-22)
04.Court.(3-31-22)
a.The judge or prosecuting attorney as the diversion program administrator or their designee will order device installation, maintenance and removal.(3-31-22)
b.The trial court administrator, diversion program administrator or their designee of the originating court will receive maintenance reports on each device installed pursuant to court order.(3-31-22)
c.The trial court administrator, diversion program administrator or their designee of the originating court will receive an itemized statement of charges.(3-31-22)
d.The trial court administrator, diversion program administrator or their designee of the originating court will receive manufacturer’s reports of attempts to disconnect any device.(3-31-22)
e.The trial court administrator or diversion program administrator or their designee will receive reports and a declaration from the lessee’s ignition interlock vendor, on a form provided or approved by the diversion program administrator or their designee, certifying that none of the following incidents occurred while the system was installed in the lessee's vehicle(s):(3-31-22)
i. Attempt to start vehicle with a BrAC of zero point zero four (0.04) or more;(7-1-26)
ii.Failure of the lessee to take any random test; or(3-31-22)
iii.Failure of the lessee to pass any random retest with a BrAC of zero point zero two five (0.025) or lower.(7-1-26)
iv.Failure of the lessee to appear when required at vendor’s place of business for maintenance, repair, calibration, monitoring, inspection or replacement of the system.(3-31-22)
05.Lessee.(3-31-22)
a.Have device installed and maintained as ordered by court.(3-31-22)
b.Receive itemized statement of charges and remit fees as scheduled.(3-31-22)
c.Receive and comply with guidelines regarding repairing and maintaining the vehicle in good working order.(3-31-22)
IDAPA 39.03.49.501 (Reserved)
39.04.01 Rules Governing Aeronautics and Aviation
IDAPA 39.04.01.000 Legal Authority
Under authority of Sections 21-105, 21-111, 21-114, 21-1 42(9), 21-142(15) and 21-519, Idaho Code, the Idaho Transportation Board adopts this rule. Violators of state law and these rules are subject to the penalties specified in Sections 18-7031, 18-7033 and 21-121, Idaho Code.(7-1-24)
IDAPA 39.04.01.001 Purpose
This rule implements the provisions of Title 21, Idaho C ode, related to aeronautics and aviation, including rules governing aircraft registration, marking of hazards to air flight, restriction of flight in designated emergency areas, commercial and through-the-fence operations, aerial search and rescue, operations at state airports, Federal Aviation Regulations and the Idaho Airport Aid Program.(7-1-24)
IDAPA 39.04.01.002 Incorporation by Reference
These rules incorporate the current Federal Aviation Regul ations, 14 CFR Parts 1-191, where they are not inconsistent with existing rules or regulations that may, from time to time, be adopted by the Idaho Transportation Board. Copies of Federal Aviation Regulations, 14 CFR parts 1-191, may be obtained from the Superintendent of Documents, U. S. Government Printing Office, Washington, DC 20402 or electronically at the Electronic Code of Federal Regulations, at https://www.ecfr.gov/cgi-bin/ECFR?page=browse. This rule also incorporates the Idaho Airport Aid Program, Implementation Manual (May 2023), and the Department’s Aerial Search and Rescue Manual.
IDAPA 39.04.01.003 (Reserved)
IDAPA 39.04.01.010 Definitions
01.Aerial Search and Rescue Volunteer. One who volunteers services for humanitarian relief. When accepted in support of SAR missions, SAR volunteer will become quasi-state employee and be protected by state workman’s compensation insurance.(7-1-24)
02.Aerial Search and Rescue Volunteer Aircraft. A civil aircraft voluntarily made available to be used in aerial search and rescue operations.(7-1-24)
03.Aerial Search and Rescue Volunteer Pilot/Observer. A pilot/observer qualified in accordance with the Idaho Transportation Department Aerial Search and Rescue Manual.(7-1-24)
04.AFRCC. Air Force Rescue Coordination Center, the single agency through which federal SAR missions will be prosecuted and federal assistance requested for SAR in the inland region. It is a coordinating agency only.(7-1-24)
05.Aircraft Parking Area. A designated site constructed on an airport with or without aircraft tiedown chains or ropes for the purpose of parking unattended aircraft.(7-1-24)
06.Civil Aircraft. Aircraft other than public aircraft.(7-1-24)
07.Deputy Aerial Search and Rescue Coordinator. A designated representative of the State Search and Rescue Coordinator.(7-1-24)
08.Division. The Division of Aeronautics of the Idaho Transportation Department, including its officers and employees.(7-1-24)
09.Guyed Tower. A tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself, towers used for military purposes excepted.
10.Hazardous Material. Any material or substance as defined by Sections 49-109(3), 39-4403(7) and (14), 39-4407, or 39-6203(9), Idaho Code.(7-1-24)
11.International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual. A manual establishing the international standards for search and rescue.(7-1-24)
12.Land SAR Addendum. Addendum to the National Search and Rescue Supplement to the IAMSAR manual that governs land search procedures for lost personnel, vehicles, or aircraft. This document governs how the ground component of SAR conducts operations.(7-1-24)
13.Loading Area. A site designated on an airport for the purpose of loading or unloading passengers and cargo and facilitating the access of designated vehicles.(7-1-24)
14.Marking. Will include illuminating, painting, lighting, or designating in a manner to be approved by the department.(7-1-24)
15.National Search and Rescue (SAR) Plan of the United States. This plan covers interagency agreements that govern federal search and rescue response.(7-1-24)
16.National Search and Rescue Supplement to the IAMSAR Manual. Federal guidelines on implementing Search and Rescue within the United States.(7-1-24)
17.Office of Emergency Management (OEM). State agency in charge of preparing for and/or providing assistance during and after natural or man-made disasters.(7-1-24)
18.Runway. An airport surface designed specifically for the takeoff and landing of aircraft. (7-1-24)
19.Aeronautical Search and Rescue (SAR). Operations involving the search for aircraft overdue, missing, or in distress. Use of aircraft to assist in other types of search and rescue operations.(7-1-24)
20.SAR Agreements. SAR agreements involving federal, state, local, and private agencies, and/or individual(s).(7-1-24)
21.State Aeronautical SAR Coordinator. Director, Idaho Transportation Department, or his duly appointed representative, responsible for directing, coordinating and supervising all phases of aerial search and rescue operations in accordance with the National Search and Rescue Plan of the United States.(7-1-24)
22.State Aerial Search and Rescue Plan. Those plans, policies, and procedures set forth in the Department Aerial Search and Rescue Manual.(7-1-24)
23.Temporary or Permanent Guyed Tower. A guyed tower erected and standing for any period of time whatsoever.(7-1-24)
IDAPA 39.04.01.011 (Reserved)
SUBCHAPTER A – RULES GOVERNING AIRCRAFT REGISTRATION
IDAPA 39.04.01.100 Aircraft to Be Registered
Every resident of this State who operates an aircraft or who owns an aircraft holding a currently valid airworthiness certificate and a currently valid annual inspection or progressive inspection system issued by the Federal government, or a resident or nonresident operating an aircraft for hire, spraying, dusting, seeding, or operated in the transportation of persons or property, will register such aircraft with the Division.(7-1-24)
IDAPA 39.04.01.101 Registration Period
01.Annual Period.
The period for the registration of aircraft in the state of Idaho runs from January 1 through December 31 of each year.(7-1-24)
02.Annual Registration Closing Date. The closing date for the annual registration is the first Monday of November in each year. A list of unregistered aircraft, as of that date, will be forwarded to the proper county assessor for inclusion in personal property assessment due on the fourth Monday in November, as directed by Section 63-301, Idaho Code.(7-1-24)
IDAPA 39.04.01.102 Applications for Aircraft Registration
01.Current Registration Certificate. An owner who holds a currently effective registration certificate for an aircraft issued by the Federal government will make application for an aircraft registration upon appropriate forms to be prescribed and furnished by the Division that contain the applicant’s title and the names and addresses of all persons having any interest therein.(7-1-24)
02.Application Information. Every application for an aircraft registration will contain: The name of the manufacturer, model, year, the aircraft identification number and serial number, and aircraft manufacturer’s certified maximum gross weight.(7-1-24)
IDAPA 39.04.01.103 Fees
Annual aircraft registration fees are set forth in Section 21-114, Idaho Code.(7-1-24)
IDAPA 39.04.01.104 Registration to Be Carried and Displayed
The certificate of registration issued by the Division will be carried at all times in said aircraft and will be made available for examination upon reasonable request by any person charged with the duty of enforcing the aviation laws of this state.(7-1-24)
IDAPA 39.04.01.105 Transfer of Title or Interest
IN AIRCRAFT.
01.Previous Owner Responsibility.
The owner of an aircraft registered by the Division under Section 21-114, Idaho Code, who transfers or assigns his title or interest in such aircraft, will:(7-1-24)
a.Within 15 days, provide a copy of the FAA bill of sale; and(7-1-24)
b.Furnish the Division with the name, address, phone number, and email address (if available) of the person to whom such transfer or assignment was made; and(7-1-24)
c.Remove or obliterate the decal so as to indicate its cancellation prior to delivery of the aircraft to the transferee or assignee; and(7-1-24)
d.Request the Division to cancel the registration.(7-1-24)
02.New Owner Responsibility. The new owner, if a resident of Idaho, a non-resident qualifying under Section 100 of this rule, or a non-resident who flies in this state for ninety (90) days or more within a registration year will register the aircraft with the Division.(7-1-24)
IDAPA 39.04.01.106 Exemptions
This rule does not apply to aircraft exempted from registration by Section 21-114(d), Idaho Code.(7-1-24)
107 – 199.(RESERVED)
SUBCHAPTER B – RULES GOVERNING OPERATIONS AT STATE AIRPORTS
IDAPA 39.04.01.200 Special Operating Restrictions on Airports
The Division may establish special operating restrictions on an airport to assure the safety and convenience of users and the general public when special events or temporary or seasonal factors warrant. Such special restrictions will be issued in writing at least ten (10) days prior to their effective date and published as a NOTAM (Notice to Air Mission) and be conspicuously posted on the airport. When practical, the Division may advise principal users of the airport of the special restrictions.(7-1-24)
IDAPA 39.04.01.201 Aircraft Parking, Loading, and Tiedown
Aircraft that are loading and unloading on state airports will be parked in the available designated aircraft parking or loading areas. In the event such designated areas are fully occupied, pilots will park so as to remain clear of the defined runway. All unattended aircraft will be tied down when tiedowns are available. Persons parking their aircraft where tiedowns are not available will secure their aircraft with portable tiedown devices, or use other positive means of restraining their aircraft which will assure that their aircraft will not damage other aircraft or property. Aircraft will not remain tied down on an airport in excess of one (1) month without the approval of the Division.(7-1-24)
IDAPA 39.04.01.202 Vehicles and Baggage
01.Parking. No person will operate or park any vehicle on an airport without prior approval of the Division and may only park in designated parking areas. Vehicles authorized on an airport will not be operated on the runway or parked so as to occupy or block designated tiedowns or loading areas, except that temporary parking necessary for actual loading or unloading of baggage or objects is allowed if no hazard is thus created.(7-1-24)
02.Unattended Objects or Baggage. No person will place any unattended objects or baggage in a tiedown area when such placement creates a hazard or restricts aircraft parking in such a way that displaced aircraft create a hazard.(7-1-24)
IDAPA 39.04.01.203 Camping
01.Camping. No person is permitted to use a camping area adjacent to an airport for more than fourteen (14) consecutive days, however this time limit may be extended by Division employees when existing camp area vacancies exist.(7-1-24)
02.Fires. No campfires or open flame camp stoves are allowed within fifty (50) feet of aircraft.
IDAPA 39.04.01.204 Aircraft Fueling, Agricultural Operations, and Hazardous Material
01.Fueling Procedures.
Any person performing aircraft fueling on an airport will obtain and read a copy of the refueling procedures published by the Division and will conduct fueling in accordance with these procedures. All persons will comply with any airport restrictions issued by the Division in connection with recognized fire danger conditions.(7-1-24)
02.Aerial Application Operations. No person will perform aerial spraying, dusting, or other aerial chemical application operations from an airport without making formal application to and receiving an approved operational agreement from the Division. Any person spilling, dumping, or disposing of any hazardous, toxic, or otherwise dangerous or offensive substance on an airport will be responsible for the full cost of the cleanup, disposal, and administrative costs to the Division necessitated by removal of the substance.(7-1-24)
IDAPA 39.04.01.205 Commercial Operations
01.Operational Agreement.
No person will conduct any commercial or business operations from an airport without making formal application to and receiving an approved operational agreement issued by the Division.(7-1-24)
02.Airport Use. No approved commercial operation on an airport by persons or firms engaged in business will be deemed to have priority over any public or other commercial use of such airport.(7-1-24)
IDAPA 39.04.01.206 (Reserved)
SUBCHAPTER C – RULES GOVERNING COMMERCIAL AND THROUGH-THE-FENCE
OPERATIONS AND HANGAR CONSTRUCTION AT STATE AIRPORTS
IDAPA 39.04.01.300 Application
Any individual, company, or corporation wishing to establi sh any aviation facility, private or commercial, on or adjacent to any state airport will make formal application to the Division that contained, at a minimum, a sketch showing the location of proposed facilities; a description, sketch, manufacturer’s brochure, etc. of the proposed facilities; and a description of the operation proposed.(7-1-24)
IDAPA 39.04.01.301 Operational Agreement
01.Negotiation and Approval. Subsequ ent to Board approval of the application, the Division will negotiate an operational agreement with the applicant. The terms of the agreement will be approved by the Board prior to ratification of the agreement by any agent of the state.(7-1-24)
02.Information Needed. The agreement will include, but not be limited to, lease fee, term, any operational limitations deemed appropriate, etc.(7-1-24)
IDAPA 39.04.01.302 Safety and Access
Aviation safety will be of p aramount importance in consideration of any application. Special emphasis will be placed upon developing means of controlling the number of access points for through-the-fence operations, defined as operations which require aircraft to taxi across the airport property boundary.(7-1-24)
IDAPA 39.04.01.303 (Reserved)
SUBCHAPTER D – RULES GOVERNING MARKING OF HAZARDS TO AIR FLIGHT
IDAPA 39.04.01.400 Requirements
01.Hazardous Structures.
Any structure which obstructs the airspace more than two hundred (200) feet above the ground or water level, or at any height near an established airport as defined by Section 21-101(c), Idaho Code, when determined by the Department to be an aviation hazard or a potential aviation hazard, as defined in Section 21-101(n), Idaho Code, to the safe flight of aircraft will be plainly marked, illuminated, painted, lighted, or designated in a manner approved by the Department.(7-1-24)
02.Guyed Towers. Any temporary or permanent guyed tower fifty (50) feet or more in height that is located outside the boundaries of an incorporated city or town on land that is primarily rural or undeveloped or used for agricultural purposes, or that is primarily desert, and where such guyed tower's appearance is not otherwise governed by state or federal law, rule or regulation, will be lighted, marked and painted or otherwise constructed to be visible in clear air during daylight hours from a distance of not less than two thousand (2,000) feet.(7-1-24)
a.Guyed towers will be painted in seven (7) equal alternating bands of aviation orange and white that begin with orange at the top of the tower and end with orange at the base.(7-1-24)
b.Guyed towers will have one flashing obstruction light at the top of the tower that meets the technical requirements of medium intensity flashing white obstruction light systems as specified in Federal Aviation Administration Advisory Circular AC 70/7460-1M or current edition.(7-1-24)
c.For guyed towers the surface area under the footprint of the tower and six (6) feet beyond the outer tower anchors will have a contrasting appearance with any surrounding vegetation.(7-1-24)
d.Guyed towers will have two (2) marker balls, having a minimum diameter of twenty (20) inches attached to and evenly spaced on each of the outside guy wires. Said spheres to be of the split-sheet, clamp-on type which are to be alternated in two (2) contrasting solid colors of gloss yellow and international orange, and may be constructed of recommended light-weight materials such as fiberglass, aluminum, or foam.(7-1-24)
e.Guyed towers will have a seven (7) foot long safety sleeve colored to contrast with background vegetation at each anchor point and extend from the anchor point along each guy wire attached to the anchor point.
f.The provisions of this Subsection 400.02, do not apply to power poles or structures owned and operated by an electric supplier as defined in Section 61-332A(4), Idaho Code, to facilities used by a federal power marketing agency to serve public utilities or consumer-owned utilities, or any structure whose primary purpose is to support telecommunications equipment, including citizens band (CB) radio towers and all other amateur radio towers.(7-1-24)
03.Lines, Wires, and Cables. Power lines, communication lines, wires, or cable more than two hundred (200) feet above the terrain crossing canyons, rivers, navigable bodies of water, terrain undulations, or guy structures or any height where such wire, cable or obstruction cross navigable bodies of water near established seaplane bases, if determined by the Department to be a hazard to air navigation, will be marked at two hundred (200) feet intervals of spacing by sphere-type markers having a minimum diameter of thirty-six (36) inches. Said sphere to be of the split-sheet, clamp-on type which are to be alternated in three (3) contrasting solid colors of gloss white, gloss yellow, and international orange and may be constructed of recommended light-weight materials such as fiberglass, aluminum, or foam.(7-1-24)
04.Spans Between Support Piers. Long spans that exceed lengths of one-half (1/2) mile between support piers, each pier will be marked with flashing strobe or beacon lights of a type and brilliance acceptable to the Department if such is deemed pertinent to safety and recognition of obstructions.(7-1-24)
05.Construction. Any construction sponsor needs to submit a notice to the Division Administrator if his construction meets one (1) or more of the following conditions:(7-1-24)
a.If the proposed object will be more than two hundred (200) feet above ground level at its location.
b.If the proposed object will be within twenty thousand (20,000) feet of an airport (*) or seaplane base with a runway of more than three thousand two hundred (3,200) feet in length; and will penetrate an imaginary surface that is one (1) foot in height for each one hundred (100) feet (100:1) horizontally from the nearest point of the nearest runway. * To qualify, an airport as defined in Section 21-101(c), Idaho Code, will be listed in the Idaho Airport Facilities Directory, or in the Airport /Facility Directory published by the US-DOT, National Charting Office or operated by a public entity.(7-1-24)
c.If the proposed object will be within ten thousand (10,000) feet of an airport having no runway more than three thousand two hundred (3,200) feet in length; and will penetrate an imaginary surface that is one (1) foot in height for each fifty (50) feet (50:1) horizontally from the nearest runway.(7-1-24)
d.If the proposed object will be within five thousand (5,000) feet of a heliport listed in the “Airport Facilities Directory” or operated by a public entity; and will penetrate an imaginary surface that is one (1) foot in height for each twenty-five (25) feet (25:1), horizontally from the nearest landing and take-off area of that heliport.
e.If the proposed object is a traverse way which will exceed at least one (1) of the standards listed in Subsections 400.05.a. through 400.05.c. above, after its height is adjusted upward seventeen (17) feet for an Interstate Highway, fifteen (15) feet for any other public roadway, ten (10) feet (or the height of the highest mobile objects that would normally traverse the road) for a private road, twenty-three (23) feet for a railroad, or an amount equal to the height of the highest mobile objects that would traverse a waterway or any other thoroughfare not previously mentioned.(7-1-24)
06.Notice Submittal.
The notice specified in Subsection 400.05 of this rule will be submitted:
a.At least thirty (30) days before the construction or alteration is to begin; or the application for construction permit is to be filed.(7-1-24)
b.Immediately by telephone or other expeditious means, with written notification submitted within five (5) days thereafter, if immediate construction or alteration is needed as in cases involving public services, health, or safety.(7-1-24)
07.Notice of Proposed Construction. A notice of proposed construction or alteration is needed so that the Department may:(7-1-24)
a.Depict obstructions on aeronautical charts.(7-1-24)
b.Identify appropriate markings as promulgated by Section 21-515, Idaho Code.(7-1-24)
c.Be made aware of potential aeronautical hazards in order to minimize their danger to the flying public.(7-1-24)
d.Protect the lives and property of persons in the air and on the ground.(7-1-24)
08.Submittal of Notice. Written notice of intended construction or alteration will be submitted by mail, email, or hand-delivered to the Division Administrator.(7-1-24)
09.Intent. It is the intent that the resultant markings required in this rule be compatible with FAA policies and directives in order to maintain consistency of object marking and lighting.(7-1-24)
IDAPA 39.04.01.401 Exceptions
No person needs to notify the Division Administrator for any of the following construction or alteration:(7-1-24)
01.Shielded. Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.(7-1-24)
02.Antennas. Any antenna structure of twenty (20) feet or less in height except one that would increase the height of another antenna structure.(7-1-24)
03.Air Navigation. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device of a type approved by the Division Administrator, the location and height of which is fixed by its functional purpose.(7-1-24)
IDAPA 39.04.01.402 (Reserved)
SUBCHAPTER E – RULES GOVERNING RESTRICTION OF FLIGHT
IN DESIGNATED EMERGENCY AREAS
IDAPA 39.04.01.500 General
01.Airspace Restrictions for Emergencies.
To facilitate emergency response, state and federal agencies may need to restrict the presence of manned or unmanned aircraft. Common examples would include Search and Rescue (SAR) Operations or fighting wildfires, The primary mechanism for state and federal agencies to restrict airspace is a Temporary Flight Restriction (TFR). Non-participating manned or unmanned aircraft will remain clear of TFRs to protect the safety of responding aircraft. All published TFRs contain contact information for the agency controlling that airspace. Violations of a TFR are governed by Federal Law, and penalties may apply.(7-1-24)
02.Notice to Air Missions (NOTAM). In cases where ongoing emergency operations require airfield closures or where emergency airborne activity increases traffic but does not require airspace closure, the NOTAM system will be used to pass information to the flying public.(7-1-24)
501 – 599.(RESERVED)
SUBCHAPTER F – RULES GOVERNING AERIAL SEARCH AND RESCUE
OF LOST AIRCRAFT AND AIRMEN
IDAPA 39.04.01.600 Search Notification
01.Notification Sources.
The Division receives initial notification of lost, missing, overdue, or suspected downed aircraft from the Federal Aviation Administration (FAA) flight service station (FSS), the Air Force Rescue Coordination Center (AFRCC), law enforcement, and/or concerned individuals.(7-1-24)
02.Notification System. The Division will maintain a twenty-four (24) hour-per-day search and rescue notification system.(7-1-24)
IDAPA 39.04.01.601 Search Initiation
When notification is received from agencies, or individual(s ) which constitute reasonable probability that an aircraft or airman is down, lost, or missing, a search will be initiated as described in the National SAR Plan, the Division SAR Manual and/or upon mutual agreement between the Division and the BHS Office of Emergency Management (OEM). Safety, weather, darkness, and other operational factors may influence the conduct of the search including time of initiation, duration, and suspension.(7-1-24)
IDAPA 39.04.01.602 (Reserved)
IDAPA 39.04.01.603 Resources
01.Non-Volunteer Staff and Equipment.
Division staff, aircraft, vehicles, and crews may be utilized.
02.Volunteer Support. State volunteer airmen and their aircraft may be used for aerial search and rescue.(7-1-24)
03.County Materials and Support. The Division will coordinate with respective county sheriffs for the use/assistance of ground search and rescue agencies, organizations, and/or individual(s).(7-1-24)
04.Additional State Support. Additional State resources will be coordinated through OEM, ISP, or the Idaho ANG.(7-1-24)
05.Coniguous Partner Support. The Division will coordinate through the AFRCC for requests to neighboring states or Canada or for access to Federal resources like Civil Air Patrol.(7-1-24)
IDAPA 39.04.01.604 Procedure
01.Search and Rescue Plan.
The Department’s Aerial Search and Rescue Manual (Plan) will provide guidelines for effectively conducting aerial search and rescue operations. The manual will establish requirements for crew qualification, adequacy of volunteer search aircraft performance, and Deputy Aerial SAR Coordinator qualifications. In order to effectively implement the State SAR Plan, the State Aerial SAR Coordinator may make SAR agreements as necessary with other agencies/organization(s)/individual(s). They may be either informal verbal agreements or they may be formal written documents. Agreements will provide for the maximum practicable cooperation of such agencies/organization(s)/individual(s) and the use and coordination of facilities committed to SAR missions. Written agreements will normally involve officials of comparable levels in their respective agencies.
Written agreements should be as brief as possible, covering only those specific items for which the agreement is deemed necessary. They should not be repetitious or contradictory of matters contained in the National SAR Plan.
02.Deputy Aerial SAR Coordinators. The State Aerial SAR Coordinator may assign District Aerial SAR Coordinators who act under the direction of the State Aerial SAR Coordinator. Tasks may include organizing the volunteer personnel and resources of his assigned search area for maximum efficiency, safety, and economy. Said Deputy Coordinator may be either a volunteer, state employee or other individual as assigned by the State Aerial SAR Coordinator.(7-1-24)
03.Designations by State Aerial SAR Coordinators. The State Aerial SAR Coordinator will designate airports of primary operational support as necessary in the aerial search effort. The State Aerial SAR Coordinator may designate Temporary Flight Restrictions (TFR) under Federal Aviation Regulation (FAR) 91.137 as needed for safety of search aircraft. Normally the State Aerial SAR Coordinator will function in the Division of Aeronautics facilities but the option to dispatch state coordinator to the airport(s) of primary support, State EOC, or other location as necessary, may be exercised. Division aircraft may be used as necessary with state crews or with state pilot in command and volunteer pilot/observer(s). Volunteer aircraft and crews will be screened by the Deputy Aerial SAR Coordinator for availability, qualification, and willingness to participate in the search. Flight logs and mission records will be maintained and all pertinent information will be screened and recorded and forwarded to the State Aerial SAR Coordinator or the Incident Command Staff (ICS) at the close of the mission or as requested.
04.Interstate or International Coordination. On some occasions the aerial search and rescue effort may need to extend into bordering states or Canada. Interstate coordination with other states/Canada will be accomplished by the Division through the AFRCC for SAR mission needs.(7-1-24)
05.Funds. State Aeronautical (SAR) search and rescue funds will be used solely in support of aeronautical SAR efforts. Financial support of aeronautical SAR volunteers includes, but is not limited to, SAR training, education, equipment, coordinating efforts, communications, and aircraft fuel and oil expenses.(7-1-24)
06.Official Mission Report. A report will be made to the State Aerial SAR Coordinator by the Deputy Aerial SAR Coordinator at the termination of daily search activity. The State Aerial SAR Coordinator will consolidate all necessary report information and relay it to AFRCC. All mission working papers which are accumulated during the course of the search mission will be analyzed for meaningful content upon which to base operational decisions.(7-1-24)
07.Time Period of Searches. Aerial searches will be continued until either successful or until passage of time has drastically reduced the possibility of survival. If search is unsuccessful and all leads have been exhausted, the search may be suspended upon mutual agreement between the Division and the county sheriff, the Incident Commander or OEM until either new leads are received or conditions have changed which increases the probability of detection.(7-1-24)
08.Completion of Search. The search phase will end when the search and rescue objective has been located and confirmed. Division staff will assist the responding county sheriff of Incident Commander as needed until the rescue phase is complete.(7-1-24)
09.Required Reports. Upon completion of the mission, all cooperating/participating agencies will be advised as promptly as possible. News releases will be coordinated through the incident command staff or as deemed appropriate by the State Aerial SAR Coordinator. All SAR resources will be accounted for prior to closing the mission A report of mission activity will be made to AFRCC. A synopsis of the entire mission will be developed by the State Aerial SAR Coordinator with the following forms attached to the synopsis using forms and guidance in the SAR manual, unless other requirements are established by the Incident Commander.(7-1-24)
IDAPA 39.04.01.605 (Reserved)
SUBCHAPTER G – RULES GOVERNING IDAHO AIRPORT AID PROGRAM
IDAPA 39.04.01.700 Project Allocation Priority Principles
For the discretionary allocation programs priority will be given to:(7-1-24)
01.Aircraft Operations Safety. Projects involving safety of aircraft operations.(7-1-24)
02.Projects Which Protect Prior Public Investments.(7-1-24)
03.Federal Funds. Assuring maximum use and benefit of available federal funds.(7-1-24)
04.Aircraft Landing Projects. Projects at existing aircraft landing facilities where need is demonstrated. Projects will provide benefits associated with aircraft landing facility utilization on a statewide basis.
05.Preservation and Acquisition. The preservation and acquisition of existing aircraft landing facilities in danger of being lost.(7-1-24)
06.Aircraft Landing Development. The development of new, additional aircraft landing facilities in areas of greatest need:(7-1-24)
a.Large geographical areas with no “air accessibility.”(7-1-24)
b.Additional new sites in urban areas where landing sites are rapidly becoming non-existent.
IDAPA 39.04.01.701 Program Criteria and Limitations
The allocation program is designed to provide the greatest and best utilization of limited Idaho Airport Aid Program Funds. The primary goal of the allocation program is to further the proper development of a statewide system of airports and fair distribution of aviation tax money. This policy requires:(7-1-24)
01.Master Plan. To be eligible each city, county, airport authority, political subdivision, or public corporation, hereinafter referred to as airport sponsor, should have a master plan or an airport or heliport layout plan that is accepted by the Division.(7-1-24)
02.Face Value Contributions. Labor and equipment contributions by the airport sponsor may be approved at face value in force-account financial evaluation as matching funds. The following items will not be eligible for force-account contribution:(7-1-24)
a.Land values previously acquired.(7-1-24)
b.Previous building construction or improvements.(7-1-24)
c.Previous State or FAA grants.(7-1-24)
03.Public Funds Protection. In order to protect the investment of public funds, the Idaho Transportation Board may require proof of ownership or lease of all land upon which any project is proposed, and require that the airport be zoned to prevent incompatible land uses and the creation or establishment of structures or objects of natural growth which would constitute hazards or obstructions to aircraft operating to, from, on, or in the vicinity of the subject airport.(7-1-24)
04.Projects Other Than Allocation Plan. All projects other than the annual allocation plan will be individually considered and acted upon at a regular meeting of the Board. All projects will be resolved by eligibility and priorities established by each year’s review of the total State need. The availability of funds, or legislative appropriations, is the final determination of grant approvals. Consideration of all factors, including relative needs and priorities involved in an airport construction project will be considered. Attention will be given to effort made at the sponsor’s level to assure availability of continuing financing and management support to keep the airport in good repair.(7-1-24)
IDAPA 39.04.01.702 Percentages of Cost
01.Maintenance and Safety Supplies Program.
All airport sponsors eligible for funding may apply to participate in the maintenance and safety supplies program. This is part of the discretionary allocation program that provides at no charge or a reduced charge for the following such items:(7-1-24)
a.Runway and taxiway light fixtures, bulbs, and parts;(7-1-24)
b.Rotating beacon fixtures;(7-1-24)
c.Windsocks;(7-1-24)
d.Tie-down chain sets;(7-1-24)
e.Utility light bulbs; and(7-1-24)
f.All municipal airport sponsors eligible for funding may apply to participate in the small projects program which provides grant funding assistance of less than two thousand dollars ($2,000) for unscheduled or emergency improvements, with approval from the aeronautics administrator, from the current years allocation.
IDAPA 39.04.01.703 Granted Allocation Items
Allocations may be granted, but not limited to, for the following items:(7-1-24) 01.
Development of Airport Planning, Land Ownership, Airspace, Land Use Compatibility, and Land Use Zoning Documents.(7-1-24)
02.Land Acquisition for Development and Improvement of Aircraft Landing Facilities. (7-1-24)
03.Grading and Drainage Necessary for Construction or Reconstruction of Runways or Taxiways.(7-1-24)
04.Construction or Reconstruction of Runways or Taxiways.(7-1-24)
05.Acquisition of “Runway Protection Zones” as Defined in Current Regulations of the Federal Aviation Administration.(7-1-24)
06.Acquisition of Easements through or Other Interests in Airspace as may be Reasonably Required for Safeguarding Aircraft Operations in the Vicinity of an Aircraft Landing Facility.(7-1-24)
07.Removal of Natural Obstructions from Runway Protection Zones.(7-1-24)
08.Installation or Rehabilitation of “Segmented Circle Airport Marker Systems” as Defined in Current Regulations of the Federal Aviation Administration.(7-1-24)
09.Installation or Rehabilitation of Runway, Taxiway, Boundary, or Obstruction Lights, Together with Directly Related Electrical Equipment.(7-1-24)
10.Erection or Rehabilitation of Appropriate Security Fencing Around the Perimeter of an Aircraft Landing Facility.(7-1-24)
11.Grading and drainage necessary to provide for parking of transient general aviation aircraft.
12.Air Navigation Facilities.(7-1-24)
13.Such Other Capital Improvements as may be Designated by the Board.(7-1-24)
14.New Building Construction of Public Use Facilities such as Storage Hangars, Pilot Lounge, Rest Rooms, etc., that are Owned by the Airport Sponsor.(7-1-24)
IDAPA 39.04.01.704 Airport Sponsor Eligibility
The Idaho Airport Aid Program is available only to public entities that own or lease and operate a landing facility that is op en to the public without use restrictions. Allocation may be made only on facilities that are not under exclusive lease or monopoly control of private individuals or corporations. The Idaho Airport Aid Program consists of grants, small projects, and maintenance and safety supplies. The grants (for scheduled projects) and small projects (for unscheduled or emergency projects) are available to municipal entities such as a city, county, airport authority, political subdivision, or public corporation, hereinafter referred to as the airport sponsor, but not to facilities operated by divisions of the state of Idaho or the Federal government. The maintenance and safety supplies are available to all public entities that own or lease and operate a landing facility that is open to the public without use restrictions.
IDAPA 39.04.01.705 Applications for Aid
01.Non-Federal Funding Eligibility.
Each project submitted for funding consideration from airport sponsors not eligible for Federal funding assistance will be presented in a written application for aid that outlines economic capability and source of funds. The application form will be supplied by the Division.(7-1-24)
02.Completed Applications. Each project application submitted for funding consideration from airport sponsors that are eligible for Federal funding assistance will consist of a full and complete copy of the federal application for assistance.(7-1-24)
03.Via Written, Telephone, or Electronic Request. Each request for participation in the maintenance and safety supplies program or the small projects program will be made through written, telephone, or electronic request.(7-1-24)
04.Legislative Support and Consideration. Projects deemed by the Board to require special legislative appropriations will be submitted for legislative support and consideration.(7-1-24)
IDAPA 39.04.01.706 Iaap Implementation Method
01.Project Prioritization. Each proj ect gets a priority value based upon number of based aircraft, purpose of the project, component of the airport of the project, pavement condition index (number) of the project and age of the most recent plan. Determine the values for each of the above element and calculate the priority number of each project for future use.(7-1-24)
02.Selection of Eligible Projects. The FAA identifies the NPIAS airport projects.(7-1-24)
03.Selection Guidelines for Projects. A set of guidelines directs the selection and order of projects.
These guidelines allow latitude in selection of projects to create a ‘level playing field.’(7-1-24)
04.Appendix for Aeronautics Advisory Board and Idaho Transportation Board Approval.An annual appendix is compiled, for use by the AAB, to review and accept the program. Aeronautics presents it to the ITB for final review, approval, and funding.(7-1-24)
IDAPA 39.04.01.707 (Reserved)
39.02.02 Rules Governing Vehicle and Vessel Dealer License Requirements - Motor Vehicles
IDAPA 39.02.02.000 Legal Authority
Sections 49-1602, and 49-1606(7), Idaho Code.(4-6-23)
IDAPA 39.02.02.001 Scope
This rule clarifies the requirements for the issuance of dealer licenses and specifies other provisions for licenses and fees.(4-6-23)
IDAPA 39.02.02.002 (Reserved)
IDAPA 39.02.02.100 Dealer License Requirements
A dealer license is needed in the fo llowing situations:(4-6-23)
- Seller Not Titled Owner. Selling or exchanging; or(4-6-23)
02.Maximum Sales. Selling, or exchanging, or soliciting the sale of five (5) or more vehicles or vessels in any one (1) calendar year even though titled in seller’s name; or(4-6-23)
03.Display for Sale. Displaying for sale or exchange, five (5) or more vehicles or vessels at any one (1) time even though titled in the displayer’s name; or(4-6-23)
04.Displaying Vehicles or Vessels. Displaying vehicles or vessels for sale, exchange or consign on property not legally controlled by the owner of the vehicle or vessel.(4-6-23)
IDAPA 39.02.02.101 Salesperson License
Dealers will not allow a person to act as a salesperson in their behalf unless such person holds a valid salesperson license containing a current photograph of the salesperson, and the date of expiration of the salesperson’s license.
01.Temporary Salesperson.
A new or transferring salesperson may act as a temporary salesperson for a sponsoring dealer for a period, not to exceed sixty (60) days, if the person submits an application with the appropriate fee.(4-6-23)
02.Temporary Salesperson Sales Authorization. A copy of the application must be carried by the temporary salesperson as authorization to act as a salesperson.(4-6-23)
IDAPA 39.02.02.102 (Reserved)
IDAPA 39.02.02.300 Request for Refund of Dealer or Salesperson Licensing Fees
The Department will only process requests for refunds of licensing fees if:(4-6-23)
01.Application Denial. The application is denied prior to the issuance of a temporary license.
02.Prior to License Issuance. The applicant requests a refund prior to the issuance of a license.
03.Prior to Renewal Issuance. The licensee pays a renewal license fee and then requests a refund prior to the issuance of the renewed license.(4-6-23)
04.Over-Payment. The applicant over-pays the fees needed.(4-6-23)
IDAPA 39.02.02.301 Refund of Dealer Thirty Day Temporar
Y PERMITS, LICENSE PLATES, AND
VALIDATION STICKER FEES.
The Department will process requests for refunds if:(4-6-23) 01.
Unused Permits. The thirty (30) day temporary permits are returned unused by a dealership that is going out of business.(4-6-23)
02.Plates Not Ordered. The dealer license plates have not been ordered through the plate manufacturer.(4-6-23)
03.Validation Stickers Unused. The dealer validation stickers have not been applied to the dealer’s license plates.(4-6-23)
IDAPA 39.02.02.302 (Reserved)
39.02.27 Rules Governing Titling and Registration of Non-Resident Commercial Vehicles and Transient Farm Labor Vehicles
IDAPA 39.02.27.000 Legal Authority
This rule is adopted under the authority of Sections 49-201, 49-441 and 49-501, Idaho Code.(3-31-22)
IDAPA 39.02.27.001 Scope
This rule establishes the procedures for the titling and registeri ng of non-resident commercial vehicles and transient farm labor vehicles.(3-31-22)
IDAPA 39.02.27.002 (Reserved)
IDAPA 39.02.27.010 Definitions
01.Idaho Trucking Company.
Any entity physically located within Idaho and owned, leased, or rented by the registrant, where the operational records of the registrant can be made available.(3-31-22)
02.Lessee. A person, firm, or corporation which has legal possession and control of a vehicle and/or motor vehicle under the terms of a written lease agreement.(3-31-22)
03.Non-Resident Owner-Operator. An owner-operator of a motor vehicle who is not a resident of Idaho, but is leasing transportation equipment, titled in another jurisdiction, to an Idaho trucking company. (3-31-22)
04.Transient Farm Labor Vehicles. A vehicle, or combination of vehicles, owned by a transient farm laborer, used in hauling unprocessed agricultural products for hire, and not exceeding sixty thousand (60,000) pounds maximum gross weight.(3-31-22)
IDAPA 39.02.27.011 (Reserved)
IDAPA 39.02.27.200 Non-Resident Registrations
01.No Reciprocity Agreement. Non-resident companies operating on an intrastate basis in Idaho when no specific agreement exists between Idaho and the state where the non-resident vehicle(s) are registered must register in Idaho. Idaho titling is not required.(3-31-22)
02.Registration. Vehicles used on an intrastate basis in Idaho by an out-of-state company and are housed or garaged in Idaho, and do not return to the state where registered each day, must register in Idaho.
(3-31-22)
03.Proof of Ownership. Applicants registering transient farm labor vehicles must provide proof of ownership by one of the following means:(3-31-22)
a.Certificate of title in the name of the applicant;(3-31-22)
b.Valid registration certificate from another state in the name of the applicant; or(3-31-22)
c.Certified copy of the title in the name of the applicant.(3-31-22)
05.Employee Owned Vehicles. Employees of companies who are working in Idaho on a contract or project must purchase Idaho registration for their privately owned vehicles if they establish a place of residence in Idaho. Non-resident employees who return to their state of residence on a daily basis are not required to purchase Idaho registration for their privately owned vehicles. If the assignment is for the duration of the project or contract only, no Idaho titling is required.(3-31-22)
IDAPA 39.02.27.201 (Reserved)
39.03.43 Rules Governing Utilities on State Highway Right-of-Way
IDAPA 39.03.43.000 Legal Authority
Under authority of Sections 40-312(3) and 67-5229, Idaho Code, the Idaho Transportation Board adopts this rule.
IDAPA 39.03.43.001 Scope
The purpose of the policy is to regulate the location, desi gn and methods for installing, relocating, adjusting and maintaining utilities on State highway right-of-way (ROW) when such use and occupancy is legal, in the public interest and will not adversely affect the highway or its users. The policy applies to new utility installations, to existing utility installations to be retained, relocated, maintained or adjusted because of highway construction or reconstruction, and to the relocation of utility facilities which are found to constitute a definite hazard to the traveling public.(3-21-22)
IDAPA 39.03.43.002 Administrative Appeals
Administrative appeals under this chapter shall be governed by Section 2.4 “Administrative Appeal” of the “Utility Accommodation Policy” incorporated by reference.(3-21-22)
IDAPA 39.03.43.003 Incorporation by Reference
The Idaho Transportation Department incorporates by reference t he 2023 Edition of the “Utility Accommodation Policy.” This publication is available for public review on the Department’s website at http://itd.idaho.gov. (4-6-23)
IDAPA 39.03.43.004 Small Wireless Facilities
01.Definitions.
a.Small Wireless Facilities (SWF).(3-21-22)
i.The facilities:(3-21-22)
(1)Are mounted on structures fifty (50) feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or(3-21-22)
(2)Are mounted on structures no more than ten percent (10%) taller than other adjacent structures; or (3)Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater.(3-21-22)
ii.Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of an antenna in 47 C.F.R § 1.1320(d)), is no more than three (3) cubic feet in volume;(3-21-22)
iii.All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;(3-21-22)
iv.The facilities do not require antenna structure registration under 47 C.F.R § 17.4;(3-21-22)
v.The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and(3-21-22)
vi.The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. §1.1307(b).(3-21-22)
02.Small Wireless Facility Fees.(3-21-22)
a.Federal Communications Commission (FCC). Per the Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC 18-133, (Sept. 26, 2018), the fee schedule is as follows:
i.Five hundred dollars ($500) for non-recurring fees, including a single up-front application that includes up to five (5) SWFs, with an additional one hundred dollars ($100) for each SWF beyond five (5); or
ii.One thousand dollars ($1,000) for non-recurring fees for a new pole (i.e. not a collocation) intended to support one (1) or more SWF; and(3-21-22)
iii.Two hundred seventy dollars ($270) per SWF per year for all recurring fees, including any possible ROW access fee or fee for attachment to structures in the ROW.(3-21-22)
IDAPA 39.03.43.005 (Reserved)
39.03.01 Rules Governing Special Permits
IDAPA 39.03.01.000 Legal Authority
This rule is adopted under the authority of Sections 49 -201, 40-312, 49-1001, 49-1002, 49-1004, 49-1005 and 49- 1010 Idaho Code.(7-1-24)
IDAPA 39.03.01.001 Purpose
This rule governs the conditions for issuing special permits.(7-1-24)
IDAPA 39.03.01.002 (Reserved)
IDAPA 39.03.01.010 Definitions
01.Analysis.
A mathematical study of a vehicle or combination of vehicles and the stress they cause over bridges or specific sections of highways conducted by a professional engineer.(7-1-24)
02.Annual. Twelve (12) consecutive months.(7-1-24)
03.Appurtenances. Rearview mirrors turn signal lamps, splash and spray suppressant devices, awnings on recreational vehicles, load-induced tire bulge, and other non-cargo carrying appurtenances are excluded from the calculation of allowable width. Front-mounted refrigeration units, energy conservation devices, bolsters, mechanical fastening devices, hydraulic lift gates, external front-mounted side curtain rollers, and other non-cargo carrying appurtenances or devices will be excluded from determining allowable length.(7-1-24)
a.Other appurtenances not listed above are limited to extending three (3) inches on each side or end of a vehicle or load. Other appurtenances may include, but not be limited to, clearance lights, door handles, handholds, window fasteners, door and window trim, moldings, and load securement devices.(7-1-24)
04.Cargo-Carrying Unit. Any portion of a commercial motor vehicle combination (other than a truck tractor) used for carrying cargo, including a trailer, semitrailer, or the cargo-carrying section of a single-unit truck.
The length of the cargo-carrying commercial motor vehicle with two or more such units is measured from the front of the first unit to the rear of the last (including the connecting devices between the units).(7-1-24)
05.Convoy. A group of two (2) or more motor vehicles traveling together for protection or convenience.(7-1-24)
06.Disabled Vehicle. A vehicle unable to complete transportation under its own power.(7-1-24)
07.Divisible Load. Referred to in Title 49, Idaho Code as Reducible. Single or multiple items for transport could reasonably be repositioned so the load conforms to legal size and weight dimensions. Determining the ability to reduce the load primarily depends on the intended disposition of the contents of the load upon delivery to its destination (i.e., made into smaller pieces).(7-1-24)
08.Emergency Movement. A vehicle or vehicle combination hauling a load traveling to the site of an emergency for the purpose of aiding in eliminating the emergency.(7-1-24)
09.Height. The total vertical dimension of a vehicle above the ground surface, including any load and load-holding device thereon.(7-1-24)
10.Legal. In compliance with the Idaho Code on size and weight.(7-1-24)
11.Length. The total longitudinal dimension of a single vehicle, a trailer, or a semi-trailer. The length of a trailer or semi-trailer is measured from the front of the cargo-carrying unit to its rear, exclusive of all overhang and any appurtenances.(7-1-24)
12.Longer Combination Vehicle (LCV). Any combination of a truck-tractor and two (2) or more trailers or semi-trailers that operate on the National System of Interstate and Defense Highways with a gross vehicle weight (GVW) greater than thirty-six thousand two hundred eighty-eight (36,288) kilograms (eighty thousand (80,000) pounds).(7-1-24)
13.Modular Buildings. A facility designed as a building or building section constructed to standards contained in the Uniform Building Code (UBC), adopted by Section 39-4109, Idaho Code.(7-1-24)
14.Non-Divisible. Referred to in Title 49, Idaho Code as Non-Reducible. Any load or vehicle exceeding applicable length or weight limits that, if separated into smaller loads or vehicles, would:(7-1-24)
a.Compromise the intended use of the vehicle, i.e., make it unable to perform the function for which it was intended; or(7-1-24)
b.Destroy the value of the load or vehicle, i.e., make it unusable for its intended purpose; or (7-1-24)
c.Require more than eight (8) work hours to dismantle using appropriate equipment. The applicant for a non-divisible load permit has the burden of proof of establishing the number of work hours required to dismantle the load.(7-1-24)
15.Off-Track. The difference in the path of the first inside front wheel and of the last inside rear wheel as a vehicle negotiates a curve.(7-1-24)
16.Overall Length. The total length of a combination of vehicles, i.e. truck tractor-semitrailer-trailer combination, measured from front bumper of the motor vehicle to the back bumper or rear extremity of the last trailer including the connecting tongue(s) plus any load overhang.(7-1-24)
17.Oversize. A vehicle or load in excess of the limits established in Section 49-1010, Idaho Code.
18.Overweight. A single vehicle or a vehicle combination hauling or towing a load whose weight is in excess of eighty thousand (80,000) pounds and/or legal axle weights.(7-1-24)
19.Single Axle. An assembly of two (2) or more wheels whose centers are in one (1) transverse vertical plane or may be included between two (2) parallel transverse planes forty inches (40”) apart extending across the full width of the vehicle.(7-1-24)
20.Snowplow. A device intended to remove snow or ice from road surfaces.(7-1-24)
21.Special Permit. A permit issued by the Idaho Transportation Department that authorizes the movement of vehicles or loads on the state highway system in excess of the sizes and weights allowed by Sections 49-1001, 49-1002, or 49-1010, Idaho Code.(7-1-24)
22.State Roadways. A collective term referring roadways under the purview of the department, which include United States federal interstate and defense highways, State Highways, and any other local roads covered under an agreement with the department.(7-1-24)
23.Steer Axle. The axle or axles on the front of a motor vehicle are activated by the operator to directly accomplish guidance or steerage of the motor vehicle and/or combination of vehicles.(7-1-24)
24.Tandem Axle. Any two (2) axles whose centers are more than forty inches (40”) but not more than ninety-six inches (96”) apart and are individually attached to and/or articulated from a common attachment to the vehicle, including a connecting mechanism designed to equalize the load between axles.(7-1-24)
25.Tridem Axle.
Any three (3) consecutive axles whose extreme centers are not more than one hundred forty-four inches (144”) apart, and are individually attached to and/or articulated from a common attachment to the vehicle, including a connecting mechanism designed to equalize the load between axles.(7-1-24)
26.Vocational Vehicle. A vehicle specifically designed to enable the operator to perform specific tasks, none of which are primarily to transport loads. Cranes, loaders, scrapers, motor graders, and drill rigs are examples of vocational vehicles.(7-1-24)
27.Width. The total outside transverse dimension of a vehicle, including any load or load-holding devices thereon, excludes any appurtenances.(7-1-24)
28.Wrecker Truck. A motor vehicle designed and used primarily for towing disabled vehicles
IDAPA 39.03.01.011 (Reserved)
SUBCHAPTER A – GENERAL PERMIT PROVISIONS
IDAPA 39.03.01.100 Department Authority and Responsibility
01.Primary Concern.
The Department’s primary concern, in the issuance of special permits, will be the safety and conveyance of the general public and the preservation of the highway infrastructure.(7-1-24)
02.Permit Issuance. The Department will, in each case, predicate the issuance of a special permit on a reasonable determination of the necessity and feasibility of the proposed movement. Permits will be issued to specific vehicles.(7-1-24)
03.Special Permit. The special permit authority of the Department will cover travel on state roadways only, unless the Department has an existing agreement under subsection 004 of this rule. Special permits issued by the Department will be valid only on completed sections of state roadways, as described on the permit by route number or otherwise. The right to use county highways or city streets is neither granted nor implied. The special permit authority of the Department will include those sections of state roadways within corporate limits of cities and towns.
Still, it will not include sections of state roadways intersecting with local highways, when travel is occurring on the local highway(s). Additionally, it will not release the permittee from complying with other existing laws, local ordinances, or resolutions which may also govern their movement. Contractors hauling loads within the limits of state highway construction projects do not require special permits, but the loads must comply with the weight limits specified in the state highway contract.(7-1-24)
04.Offices For Issuance Of Special Permits. The Department will make access to permits available electronically, over the phone, and in person at Ports of Entry, as practicable.(7-1-24)
IDAPA 39.03.01.101 Local Highway Jurisdiction Authority
Local Highway Jurisdictions. At their discretion, a Local Highway Jurisdiction may enter into an agreement with the Department to allow for the issuance of special permit to include travel on that local jurisdiction controlled highways.
IDAPA 39.03.01.102 Permittee Responsibility
01.General Responsibilities.
The permittee will determine and declare the gross weight, distribution of weight, and the dimensions of the vehicle and load and submit all other required information before issuance of the permit. Accepting a special permit by the permittee is his agreement that the vehicle and load covered by the permit can and will be moved in compliance with the terms and limitations set forth in the permit. When a permit has been accepted by the permittee, such action will be deemed an unequivocal assurance that he has complied, or will comply with all operating, licensing, and financial responsibility requirements.(7-1-24)
02.Application for Special Permits. Applications can be completed Online, at Ports of Entry, or with the Commercial Vehicle Services.(7-1-24)
a.An application must be submitted for all special permits. Applicants must provide all the information requested by the department to assist in the determination of the necessity of the proposed movement and the need for an engineering determination of the feasibility of the proposed movement.(7-1-24)
03.Permit to Be Carried in Vehicle. The special permit must be carried or available electronically in the vehicle to which it refers during the time of movement and, upon demand, be delivered for inspection to any peace officer or authorized agent of the Idaho Transportation Board or any officer or employee charged with the care and protection of the public highways.(7-1-24)
04.Basic Limitations Will Not Be Exceeded. Special permits will not be issued for vehicles or loads in excess of the maximum limitations of size or weight, or that otherwise exceed the limitations for loads as set forth in these rules unless an exception is made by the Transportation Board, or as otherwise provided herein.(7-1-24)
05.Insurance For Extraordinary Hazards. Evidence of insurance is required when necessary because loads create an extraordinary hazard to the traveling public or to protect the public investment when a load presents an extraordinary hazard to the highway system. In such cases of extraordinary hazard to the roadway or structures, the Department may require insurance in such amount as to cover the maximum damage that could be expected to occur to the highway, with the permittee also required to reimburse the Department for any engineering required to ascertain the extent of damages, if any, occurring to the roadway during the movement of the excessive load.(7-1-24)
06.Hazardous Travel Conditions Restrictions. Extreme caution in the operation of a specialpermitted vehicle will be exercised when hazardous conditions exist. The driver of a permitted vehicle is responsible for checking the conditions of the permitted route before travel. The movement of vehicles or loads operating on valid permits will automatically become invalid en route when:(7-1-24)
a.The Idaho Transportation Department, Idaho State Police, or other law enforcement office determines and provides public notice by any available means that a hazardous road condition exists.(7-1-24)
b.The driver reasonably knows that hazardous road conditions exist along route.(7-1-24)
c.Whenever a road is marked “Difficult” on 511 or as having a hazardous condition.(7-1-24)
d.Hazardous road conditions may include, but are not limited to:(7-1-24)
i.Loss of traction on roadways due to ice, snow, frost, excessive water, or mud;(7-1-24)
ii.Whenever a roadway is under conditions of wind over forty (40) mph;(7-1-24)
iii.Visibility is less than five hundred (500) feet due to snow, rain, smoke, dust, or fog;(7-1-24)
iv.Whenever a roadway becomes obstructed due to snow, water, mud, rocks, or other debris; or
v.Whenever a roadway is subject to a natural disaster or emergency.(7-1-24)
07.Delaying Movement. Enforcement personnel responsible for any section of the highway will carry out enforcement action for violations involving special permit operations and may delay movements.(7-1-24)
IDAPA 39.03.01.103 Safety Inspection Requirements for Permitted Vehicles and/or Loads
01.Inspections.
All vehicles, tractors, trailers, and dolly converters operating under the authority of a special permit issued by the Department must have a valid annual inspection when a permit is issued. The inspection will be completed in compliance with 49 CFR Part 396.17 and any other applicable Federal Motor Carrier Safety Administration regulations.(7-1-24)
02.Inspectors. Inspectors completing required annual inspections will meet the certifications requirement in 49 CFR 396.19 and brake inspector qualification in 49 CFR 396.25.(7-1-24)
03.Drivers. All drivers will meet the special training requirements for Longer Combination Vehicles as outlined in 49 CFR Part 380.(7-1-24)
04.Motor Carriers. By applying for a special permit, motor carriers self-certify that they have performed inspections as set forth in 49 CFR Part 396.17.(7-1-24)
05.Exemption. Oversize vehicles and/or loads operating under an exemption outlined in Section 67- 2901B (2), Idaho Code, are exempt from this safety inspection requirement.(7-1-24)
IDAPA 39.03.01.104 Equipment Requirements for Permitted Vehicles
01.Brakes. Brakes will meet the Federal M otor Carrier Safety Regulations and be maintained to the Federal Motor Vehicle Safety Standards No. 121 in effect when the commercial motor vehicle was manufactured.
02.Lighting For Loads Traveling In Low Visibility. Those over-width vehicles and/or loads traveling thirty (30) minutes after sunset to thirty (30) minutes before sunrise or when general visibility is less than five hundred (500) feet will be required to display lights to mark the vehicle and/or load extremities. These lights are in addition to the clearance lights required on legal-size vehicles when traveling at night.(7-1-24)
a.The lights may be flashing or steady burning.(7-1-24)
b.Lights visible from the front of the oversize vehicle and/or loads and the extremities in the middle or near the front of the oversized vehicle and/or load will be amber.(7-1-24)
c.Lights visible from the back of the over-width vehicle and/or load and the extremities near the back of the oversized vehicle and/or load will be red.(7-1-24)
03.Lights on Rear Overhang. Lights are required when the rear overhang exceeds the end of the trailer by four (4) feet or more to show the maximum width of the overhang. Overhang lighting should be as follows:
a.If the overhang is two feet (2’) wide or less, only one (1) light is required on the end of the overhang.(7-1-24)
b.If the overhang is over two feet (2’) wide, two (2) lights are required on the end of the overhang.
04.Flagging For Overhang On Vehicles Or Loads. Warning flags are required on all over-width vehicles and/or loads, and when the rear overhang exceeds the end of the trailer by four feet (4’) or more. Warning flags must:(7-1-24)
a.Have a minimum size of eighteen inches (18”) by eighteen inches (18”); and(7-1-24)
b.Be red or fluorescent orange in color.(7-1-24)
c.If the overhang is two feet (2’) wide or less, only one (1) flag is required on the end of the overhang. If the overhang is over two feet (2’) wide, two (2) flags are required on the end of the overhang to show the maximum width of the overhang.(7-1-24)
05.Signing. Oversize load signs will be required on all vehicles and/or loads exceeding legal width.
Signs will not be displayed when the vehicle is empty and of legal dimensions. Signs will meet the following requirements:(7-1-24)
a.A minimum of twelve inches (12”) high by five feet (5’) wide and eight inch (8”) high letters, one inch (1”) stroke width and black letters on yellow background.(7-1-24)
b.Signs will be displayed on the front or the roof top of the towing vehicle and the rear of the oversize load, or on the front and back or the roof top of self-propelled oversize vehicles.(7-1-24)
06.Axles. All axle types adjacent to an axle grouping, which exceeds the applicable weight allowance in Section 49-1001 or 49-1004, Idaho Code, must be fully deployed while operating on State roadways.(7-1-24)
IDAPA 39.03.01.105 Waiver of Limitations for Emergency Movements
01.Board Authority. Notwithstanding other provisions of these rules, the Idaho Transportation Board may waive existing permit policy limitations in an emergency, subject to such limitations or special requirements as the Board may impose.(7-1-24)
02.Military Emergency Affecting National Security. Any movement by or for a military or other government agency which is in excess of permit policy maximum limits of weight or size or which is otherwise outside established rules must be certified as a military necessity involving national security before receiving any special consideration to provide any waiver of normal permit rules. Certification of military necessity must be made by an official designated as having such authority by the Department of Defense Directory, issued by the Office of the Chief of Transportation, Department of Army. All applications for military emergency movements must be channeled through the Commercial Vehicle Services within the Department.(7-1-24)
03.Emergencies Endangering the Public Health, Safety, or Welfare, Including but Not Limited to Fire, Flood, or Earthquake. During an emergency endangering public health, safety, or welfare, there may be an urgent and immediate need for equipment. It will not be in the public interest to require a special permit to be in the vehicle before an oversize movement. Verbal approval to proceed without a special permit in the vehicle may be obtained from the Commercial Vehicle Services or an Idaho Port-of-Entry. Once the emergency movement is completed, a formal application for a special permit must be submitted to Commercial Vehicle Services.(7-1-24)
04.Emergency Movement of Implements of Husbandry. It will be considered an emergency when an implement of husbandry being operated on an official state holiday or a weekend breaks down and a dealer brings replacement equipment to the farmer that exceeds legal height, length, and weight. Verbal approval to proceed without a special permit in the vehicle may be obtained from Commercial Vehicle Service on-call staff. That verbal authorization may include escort vehicle requirements based on the travel route and the load’s dimensions. Once the emergency movement is completed, the permittee will formally apply for a permit with Commercial Vehicle Services on the first working day after the occurrence.(7-1-24)
05.Economic Emergencies. When a circumstance occurs in which an economic hardship is expected to result due to the application of existing rules or limitations, the Transportation Board may consider a petition for the temporary waiver of those rules or limitations which are perceived as being the cause of such economic hardship.
IDAPA 39.03.01.106 Spring Breakup Season Load Restrictions
01.Authority.
The Department will have the authority to impose restrictions on sections of State roadways in order to ensure the safe travel for the citizens of Idaho and to protect the infrastructure of the state during periods of severe spring breakup. The Department, as much as practicable, will maintain standard load limits on these roads unless conditions are such that severe breakup will result.(7-1-24)
02.Spring Breakup Restrictions. Depending upon the type of road construction, stability of the roadway, reduction in load bearing capacity, the amount of moisture, temperature conditions, and severity of frost heaves and breakup, routes or sections of routes may have restrictions applied by the department. A freeze-up of the pavement may temporarily restore the load-bearing capacity after a section has been posted for load and speed restrictions.(7-1-24)
03.Maximum Weight Restriction. The possible restrictions on maximum weight may be one (1) of the following:(7-1-24)
a.Sixteen thousand (16,000) pounds on any axle; or(7-1-24)
b.Fourteen thousand (14,000) pounds on any axle; or(7-1-24)
c.Twelve thousand (12,000) pounds on any axle.(7-1-24)
04.Weight Limits Based On Tire Sizes. In administering load limits based on tire sizes or width of tires, credit for tubed tires will be based on the manufacturer’s width marked on the tire; for example, a ten-point zero-zero by twenty-four (10.00 x 24) tire will be given credit for ten inches (10”) of tire width. Tubeless tires will be credited for the width of the conventional tubed tires they replace.(7-1-24)
05.Width Restrictions. When a weight restriction is applied under Subsection 106.02 of this section it will automatically restrict the width allowed by a special permit on two lane road. On any two (2) lane section of state roadways restricted to less than legal weight, the maximum width by the special permit will be restricted to twelve feet six inches (12’6”) during the weight restriction period.(7-1-24)
06.Speed Restrictions. When a weight restriction is applied under Subsection 106.02 of this section it will automatically restrict the speed of some vehicles. Trucks and buses with a gross weight of ten thousand (10,000) pounds or more will be restricted in critical areas to a maximum speed of thirty (30) miles per hour. Red and green markers will mark restricted speed zones. A red marker will mean speed is restricted to thirty (30) miles per hour, and a green marker will mean that legal speed may be resumed. These markers will generally be attached to existing highway signposts and, when properly used, will afford protection to the highway subgrade and surface and speed traffic flow.(7-1-24)
07.Suspended Weight Limits. Normal overweight special permit limits may be suspended on all highways in the areas where spring breakup restriction are in force.(7-1-24)
08.Weight Restrictions. The department is authorized to issue special permits to overweight vehicles in areas with spring breakup restrictions as long as all of the following conditions are met:(7-1-24)
a.Minimum tire width on all tires is ten inches (10”) or larger, and;(7-1-24)
b.Maximum axle weight on any single axle having two (2) single wheels will not exceed ten thousand (10,000) pounds, and;(7-1-24)
c.Maximum axle weight on any single axle having four (4) or more tires will not exceed fourteen thousand (14,000) pounds, and;(7-1-24)
d.Permit is being requested for a non-divisible loads.(7-1-24)
09.Temporary Waiver of Spring Breakup Restrictions. The department may temporarily waive the spring breakup restrictions by posting GREEN markers on the speed limit signs and other signs, if appropriate, within a section of the highway posted with restrictions. This may occur in the event that a freeze-up of the pavement may temporarily restore the load-bearing capacity after a section has been posted for load and speed restrictions or for other circumstances.(7-1-24)
10.Spring Breakup Restriction Waivers. The department may allow exceptions to the spring breakup weight restrictions for emergency and critical service vehicle(s), i.e. fire trucks, heating fuel trucks, and other such service vehicles that are critical to the health and safety of the public. Documentation of special allowance will be in writing from the department and must be carried in the vehicle.(7-1-24)
11.Restriction Signage. The department will sign and mark affected state highways the day before the weight and/or speed restrictions are in ef fect. The weight and/or speed restrictions will be enforced the day after signs and marks are posted.(7-1-24)
IDAPA 39.03.01.107 Permitting Fees and Costs
01.Special Permit Fees To Be Borne By Permittee.
The movement of oversize or overweight vehicles or vehicles with special loads is a privilege not afforded to every highway user. The administrative cost incurred in the processing, issuing, and enforcing of special permits will be borne by such permittees and not by the general traveling public through the expenditure of highway user funds. Special permits issued for non-divisible, overweight vehicles and/or loads will be charged a road use fee as set forth in Section 49-1004(2), Idaho Code. Taxsupported agencies are required to obtain special permits if their loads exceed the sizes or weights stated in Idaho Code, but they are exempt from paying fees for the permits.(7-1-24)
02.Payment of Fees. Permit fees are due at the time of issuance.(7-1-24)
03.Refund. Permit fees are not refundable once they have been processed into the Department’s accounting system unless the permittee contacts Commercial Vehicle Services no more than two (2) working days (during office hours) following the start date of the special permit or the Department issued the special permit in error.(7-1-24)
04.Permit Costs. Special permit fees listed below are intended to cover the administration cost and are subject to periodic change depending on costs incurred in processing, issuance, and enforcement of special permit rules.(7-1-24)
05.Current Schedule of Fees.(7-1-24)
a.Following Permits are thirty dollars ($30):(7-1-24)
i.Oversize only, single trip.(7-1-24)
b.Following Permits are thirty-three dollars ($33):(7-1-24)
i.Overweight/Oversize or Overweight (non-divisible) single trip.(7-1-24)
c.Following Permits are forty-five ($45):(7-1-24)
i.Annual Divisible Loads;(7-1-24)
ii.Cylindrical hay bales, two (2) wide;(7-1-24)
iii.Multiple width loads of kiln stacked lumber;(7-1-24)
iv.Divisible loads, up to and including fifteen feet (15’) high;(7-1-24)
v.Disabled Vehicle;(7-1-24)
vi.East port/Canadian Weight;(7-1-24)
vii.Economic Emergency Waiver;(7-1-24) viii.Oversize (non- divisible) including, but not limited to, annual Manufactured homes, modular buildings, and office trailers permits, farm tractors exceeding nine feet (9’) width on Interstate and implements of husbandry, Snowplow, multiple width loads of crane booms, and multiple width loads of conveyor units;(7-1-24)
ix.Extra Length/Weight annual, authority to exceed eighty thousand (80,000) lbs. with divisible loads up to one hundred twenty-nine thousand (129,000) pounds, or exceeding the length limits imposed in Section 49- 1010, Idaho Code, forty-five dollars ($45).(7-1-24)
d.Following permits are one hundred twenty-eight dollars ($128):(7-1-24)
i.Overweight/Oversize (non-divisible) annual.(7-1-24)
e.Reissuance or transfers of a permit is fifteen dollars ($15).(7-1-24)
06.Online Discount. Annual special permits purchased online will be five dollars ($5) less than the listed price in Subsection 107.05 of this section.(7-1-24)
07.Additional Fees. The Department may require reimbursement of actual costs incurred for extraordinary services provided, incidental and necessary to the planning and/or movement of loads that require a special permit moving under the requirements of a traffic control plan.(7-1-24)
IDAPA 39.03.01.108 Revocation of Permit for Non-Compliance with Provisions of the Permit
01.Disqualification of Permits.
Any issued permit will become invalid, and the cited vehicle may be disqualified from reissuance of permits if convicted of the following:(7-1-24)
a.The vehicle combination does not satisfy the requirements of Federal Motor Carrier Safety Regulations Part 393.(7-1-24)
b.The vehicle violates permitting conditions (other than weight) for the following:(7-1-24)
i.Failure to travel on Extra Length or Up to 129,000 Pound designated routes.(7-1-24)
ii.Failure to properly display flags and/or signs.(7-1-24)
iii.Failure to provide the correct number of pilot cars and/or proper placement.(7-1-24)
iv.Failure to provide lighting for travel during hours of darkness.(7-1-24)
v.Failure to travel during the hours of operation as specified on the permit.(7-1-24)
vi.Failure to comply with wind velocity requirements when moving manufactured housing, office trailers, and modular buildings.(7-1-24)
vii.Failure to comply with 511 advisories for hazardous travel conditions.(7-1-24)
c.The vehicle violates weight limits under Section 49-1001(1), (2), and (9), Idaho Code, as follows:
i.Single, tandem, tridem, quad, or other axle groups weight is more than fifteen percent (15%) over.
ii.Gross or bridge weight is more than seven percent (7%) over.(7-1-24)
d.The motor carrier has violated an Out-of-Service order by the Federal Motor Carrier Safety Administration as described in Part 386 (386.73) of the Federal Motor Carrier Safety Regulations.(7-1-24)
02.Permit Revocation Process. A copy of the judgment of conviction from the court and the special permit authorizing operation must be provided to Commercial Vehicle Services by enforcement personnel.
Paperwork will be reviewed for compliance with the provisions of this rule, and, if met, notification will be sent to the company informing them of the pending revocation that will occur within ten (10) days of the letter being issued.
03.Disqualification Periods. When a permit has become invalid, the vehicle identified on the invalidated permit may be disqualified for reapplication for a permit for a period of thirty (30) days after the first violation, for a period of six (6) months after the second violation, and for a period of one (1) year after the third violation.(7-1-24)
04.Penalties. In addition to revocation of permits as authorized in this rule, the permittee will be subject to all applicable penalties provided by law with regard to the provisions violated.(7-1-24)
IDAPA 39.03.01.109 Responsible for Injury to Persons or Property
The permittee will assume all responsibility for injury to person s or damage to public or private property caused directly or indirectly by the transportation of a vehicle or vehicle and load under special permit; and will hold harmless the Department and all its officers, agents, employees, and servants from all suits, claims, damages or proceedings, of any kind, as a direct or indirect result of the transportation of the vehicle or vehicle with a load that requires a special permit.(7-1-24)
IDAPA 39.03.01.110 (Reserved)
SUBCHAPTER B – DIVISIBLE LOAD PERMITS
IDAPA 39.03.01.200 General Weight Requirements and Conditions
01.Permit Types to Exceed Eighty Thousand Pounds Gross Weight. Permits will be issued for vehicle combinations operating on Interstate and national network highways with total gross loads exceeding eighty thousand (80,000) pounds but not to exceed twenty thousand (20,000) per single axle, thirty-four thousand (34,000) pounds per tandem, and not to exceed the weight limit for any group of two (2) or more consecutive axles established by Section 49-1001, Idaho Code.(7-1-24)
a.Extra Length/Excess Weight Permit Up to One Hundred Twenty-Nine Thousand (129,000)
Pounds. Except that, no vehicle combination weighing more than one hundred five thousand five hundred (105,500) pounds will operate on local highways contrary to the provisions of Section 49-1004A, Idaho Code, and this rule. (7- 1-24)
b.Extra Length/Excess Weight Permit Up to One Hundred Twenty-Nine Thousand (129,000)
Pounds. Gross weight not to exceed one hundred twenty-nine thousand (129,000) pounds on designated routes, as specified in Section 49-1004 and Section 49-1004B, Idaho Code.(7-1-24)
IDAPA 39.03.01.201 Designated Routes for Extra-Length Vehicle Combinations Up to One
HU NDRED TWENTY-NINE THOUSAND (129,000) POUNDS.
01.Designated Routes for Vehicle Lengths and Weights. All designated state-approved routes for vehicle combinations to operate at lengths and weights above one hundred five thousand five hundred (105,500) pounds will be identified on the “Designated Extra Length Excess Weight up to 129,000 Pound Map” which is available online and Ports of Entry.(7-1-24)
02.Requests To Add Routes. Routes not currently designated to operate at up to one hundred twentynine thousand (129,000) pounds and maintained under the purview of the department may be requested to be added.
The request process is as follows:(7-1-24)
a.Requestor will complete the request form (ITD 4886) and submit the completed from to the Idaho Transportation Department Office of the Chief Engineer. The requestor will forward the form to the adjacent local jurisdictions.(7-1-24)
b.Once submitted, the request will be reviewed for completeness and the department will complete an analysis for engineering and safety criteria. The criteria will include an assessment of pavement and bridges to allow legal tire, axle, and gross weight limits as per Section 49-1001 and 49-1002, Idaho Code, and route off-track requirements, including road width and curvature. Additional consideration will be given to traffic volumes and other safety factors.(7-1-24)
c.Once the analysis is completed, the request will be submitted to the Chief Engineer, who will report to the Idaho Transportation Board Sub-committee.(7-1-24)
d.The Idaho Transportation Board Sub-committee will make a recommendation (approve, reject, or request additional information) to the Idaho Transportation Board based on the Department's analysis.(7-1-24)
e.If the Idaho Transportation Board recommends approval or denial, it will instruct the Chief Engineer to issue a letter of determination. An adverse person may contest the letter of determination and request a hearing. The hearing will be conducted pursuant to the Idaho Administrative Procedures Act, Title 67, Chapter 52, Idaho Code.(7-1-24)
f.The Chief Engineer or designee will conduct the hearing(s) and make a determination after the hearing(s) are held. Following the determination, the Chief Engineer will issue Findings and a Preliminary Order, hereafter referred to as Preliminary Order.(7-1-24)
g.The Department will notify the requestor of the Chief Engineer’s Preliminary Order and post to the Idaho Transportation Department Web site.(7-1-24)
h.An appeal of the Preliminary Order may be made pursuant to the Idaho Administrative Procedures Act, Title 67, Chapter 52, Idaho Code. The appeal will be made to the Director of the Idaho Transportation Department.(7-1-24)
03.Local Highways Approved Routes. Local routes will be added or removed on the “Designated Routes Up to 129,000 Pound Map” when information and approval is provided to the Department by the local jurisdiction having authority over the local route.(7-1-24)
IDAPA 39.03.01.202 Operating Requirements for Extra-Length/Excess Weight Permits Up to
ONE HUNDRED TWENTY-NINE THOUSAND (129,000) POUNDS VEHICLE COMBINATIONS.
All vehicle combinations will be subject to the following conditions, limitations, and requirements:(7-1-24) 01.
Cargo Carrying Units. Vehicle combinations operating with an overall length in excess of the limits imposed in Section 49-1010, Idaho Code, will consist of not more than four (4) units, will not exceed one hundred fifteen (115) feet overall, and no such vehicle combination will include more than three (3) cargo units except that a full truck and full trailer may have an overall length in excess of seventy-five (75) feet but not in excess of eighty-five (85) feet including load overhang.(7-1-24)
02.Power Unit. The power unit of all vehicle combinations will have adequate power and traction to maintain a minimum of twenty (20) miles per hour under normal operating conditions on any up-grade over which the combination is operated.(7-1-24)
03.Connecting Devices. Fifth wheel, drawbar, and other coupling devices will be as specified by Federal Motor Carrier Safety Regulations, Part 393.(7-1-24)
04.Trailer Weight Sequence. In any extra-length combination, the respective loading of any trailer will not be substantially greater than the weight of any trailer located ahead of it in the vehicle combination.
(Substantially greater will be defined as more than four thousand (4,000) pounds heavier.)(7-1-24)
05.Operating Restrictions. Operators of all vehicle combinations governed by this rule will comply with the following operating restrictions:(7-1-24)
a.A minimum distance of five hundred (500) feet will be maintained between combinations of vehicles except when overtaking and passing.(7-1-24)
b.Except when passing another vehicle traveling in the same direction, the combination will be driven so as to remain at all times on the right hand side of the centerline of a two (2) lane, two (2) way highway, or on the right hand side of a lane stripe or marker of a highway of four (4) or more lanes.(7-1-24)
IDAPA 39.03.01.203 Special Permits for Operations of Extra-Length/Excess Weight
PERMIT UP
TO ONE HUNDRED TWENTY-NINE THOUSAND (129,000) POUNDS VEHICLE COMBINATIONS.
01.Permit Attachments.
All vehicles in operation are allowed to travel under the authority of special permits issued to the power unit. A copy of the rule, and gross loads tables will accompany and be part of all annual extra-length/excess weight, up to one hundred twenty-nine thousand (129,000) pound permits. Operations are valid only on routes of the state highway system designated for such purposes as set forth on the “Extra Length Map” or the “Designated Routes Up to 129,000 Pound Map,” which will accompany the permit.(7-1-24)
a.The operator of any extra-length, excess weight, and up to one hundred twenty-nine thousand (129,000) pound vehicle combination will complete the Idaho Off-Track Computation Form to provide internal dimensions of the combination and computation of off-track as evidence of compliance with maximum off-track requirements specified for the designated route being traveled. The completed Idaho Off-Track Computation Form, when required, will be available for inspection by enforcement officers with the permit for the vehicle combination.
When the Idaho Off-Track Computation Form is required, the permit will be invalid until the form is completed and available for inspection.(7-1-24)
02.Exceeding Allowed Length and/or Idaho Off-Track Limitations. Extra-length/excess weight permit up to one hundred twenty-nine thousand (129,000) pound vehicle combinations apprehended for exceeding allowed length and/or off-track limitations as set forth in this rule is subject to the following course of action:
a.The vehicle combination will be escorted by the officer to the first safe parking location; and
b.The driver of the vehicle combination will be issued a single trip, one (1) day permit via a specified route to the nearest permitted route. The condition of this permit will require an advance pilot/escort vehicle to escort the vehicle combination, and the pilot/escort vehicle will meet the pilot/escort vehicle requirements.(7-1-24)
IDAPA 39.03.01.204 Permits for Multiple-Width or Multiple-Height Loading
01.Cylindrical Hay Bales. Special permits may be issued for overwidth transportation of cylindrical hay bales that may be loaded two (2) bales wide and two (2) bales high not exceeding eleven feet six inches (11’6”)
wide. Hauling vehicles may not exceed sixty eight feet (68’) of trailers, including connecting tongue or eighty feet (80’) overall length. Operation of such overwidth loads will be subject to the same time of travel and other safety requirements of non-divisible overwidth loads.(7-1-24)
02.Divisible Height Loads. Special permits may be issued to allow the transportation of divisible loads in excess of fourteen (14’) feet high but not in excess of fifteen (15’) feet high on designated highways. The vehicle height must not exceed fourteen (14’) feet. A vertical clearance map is available at the Port of Entry and online.(7-1-24)
03.Kiln Lumber Stacks. Special permits may be issued to allow the transportation of specifically produced kiln lumber stacks in excess of eight feet six inches (8’6”) wide but not in excess of nine feet three inches (9’3’) wide on designated highways. Each kiln lumber stack will be considered a single non-divisible unit and may be hauled two (2) stacks wide and two (2) stacks high. Hauling vehicles eligible for a permit for this purpose will be legal-size vehicles registered for travel on public highways. Operations of such overwidth loads will be subject to the same type of travel restrictions and other safety requirements as other overwidth non-divisible loads having a similar width.(7-1-24)
04.Overwidth Overhang. Overwidth loads will distribute overhang to the sides of the trailer as evenly as possible.(7-1-24)
IDAPA 39.03.01.205 (Reserved)
SUBCHAPTER C – NON-DIVISIBLE LOAD PERMITS
IDAPA 39.03.01.300 Responsibility of the Permittee
01.Certification Load Is Non-Divisible. Upon application, the permittee must certify that steps have been taken to reduce the dimensions, weight, and/or load, involved in the movement.(7-1-24)
02.Required Stops. All oversize vehicles are required to stop at all POE sites for inspection. (7-1-24)
03.Map Resources. The Pilot/Escort Vehicle Travel and Vertical Clearance of Structures Map available online and Ports of Entry.(7-1-24)
04.Maximum Dimensions Allowed. The maximum dimensions of oversize vehicles or oversize loads will depend on the route to be traveled: width of roadway, alignment, and sight distance, vertical or horizontal clearance, and traffic volume.(7-1-24)
05.Registration. Any vehicle hauling or towing non-divisible loads subject to registration is not required to register for the maximum legal weight it can haul to be eligible for an overweight permit. Farm tractors, off-road equipment, etc., are exempt from registration but not from weight limitations.(7-1-24)
06.Overweight Permit Requirements. Overweight permits will be issued for non-divisible vehicles and/or loads that exceed legal axle weights and/or eighty thousand (80,000) pounds, with weight reduced to a practical minimum, except that a permit may be issued for a machine with an accessory, which is a part that can be removed and loaded separately on the transporting vehicle. Vehicles hauling overweight loads will be required to have five (5) or more axles to qualify for an overweight permit. Self-propelled vocational vehicles or vehicles towing overweight loads may have less than five (5) axles to qualify for an overweight permit.(7-1-24)
a.Vehicles or Loads Exceeding Annual Permitted Weights. Vehicles or loads exceeding the axle weights, groups of axle weights, or total gross weights allowed on any of the overweight levels described in this rule must operate by approved single trip permit.(7-1-24)
07.Maximum Tire Weights. The maximum overweight levels will not exceed eight hundred (800) pounds per inch width of tire.(7-1-24)
08.Protection of Facilities. The permittee will be responsible for the protection of signposts, guideposts, delineators, and may be required to post bond to cover the costs of repairs or replacements of such facilities.(7-1-24)
09.Traffic Control Plans. The movement of special loads will be made in such a way that the route will remain open as often as feasibly possible and to provide for frequent passing of vehicles traveling in the same direction. To achieve this, a traffic control plan is required to be submitted when operating on two (2) lane highways and exceeding the following dimensions:(7-1-24)
a.Width exceeds eighteen (18) feet; or(7-1-24)
b.Length exceeds one hundred fifty (150) feet; or(7-1-24)
c.Height exceeds sixteen (16) feet.(7-1-24)
10.Traffic Control Plan Preparation. The traffic control plan will be prepared by a licensed engineer or an American Traffic Safety Services Association (ATSSA) certified traffic control supervisor and include the following information:(7-1-24)
a.Locations and mileposts of where the vehicle/load can pull over to allow for traffic relief; (7-1-24)
b.How pilot cars and traffic control personnel will be utilized;(7-1-24)
c.Identification of any railroad tracks being crossed and the emergency contact number for the governing entity; and(7-1-24)
d.Procedure for allowing emergency vehicles to navigate around the vehicle/load when necessary.
11.Bridge Analysis. After the completion of district approval and/or bridge analysis, additional traffic control plans may be required. The Department may require traffic control plans based on route and load consid erations.(7-1-24)
12.Loading And Parking on State Highway. The permitted vehicle will not be loaded, unloaded, or parked upon any State roadway, except for emergencies, without the specific permission or by direction of the Department or policing agency having jurisdiction over such highway.(7-1-24)
IDAPA 39.03.01.301 Overwidth Hauling Vehicles, Restrictions
01.Width of Hauling Equipment. Special permits may be issued for trailers up to ten feet (10’) wide hauling non-divisible loads smaller than the trailer. The issued permit will be valid for the laden and unladen movement.(7-1-24)
02.Load Dimensions. Any load exceeding the dimensions of the trailer will be non-divisible in size.
03.Hauling Equipment in Excess of Ten Feet. Special overwidth hauling vehicles exceeding ten (10) feet in width will be permitted, and may be required, in the hauling of excessively heavy loads to improve the lateral distribution of weight, or when a combination of weight, width, or height makes extra width in the hauling vehicle desirable in the public interest. The use of such vehicles more than ten (10) feet in width will be restricted to loads requiring an overwidth hauling vehicle and the backhaul permit will be for the unladen vehicle.(7-1-24)
04.Buildings. Buildings that are too wide to be safely transported on legal-width hauling vehicles will be moved either on house-moving dollies or on trailers that can be reduced to legal width for unladen travel. (7-1-24)
IDAPA 39.03.01.302 Vertical Clearance Requirements
01.Permit for Over Height.
The issuance of any permit for movement of over height loads will be subject to the vertical clearance of any structure involved along the route of travel. The Department may require a minimum of twenty-four (24) working hours to allow for the proposed route to be evaluated and approved or denied.
02.Overhead Traffic Signals. Any movement of a building, or other over height load, having a loaded height of sixteen feet six inches (16’6”) or more may require advance notice if overhead traffic signals are involved in the route.(7-1-24)
03.Overhead Power Lines. Carriers whose load/vehicle combinations exceed sixteen feet six inches (16’6”) feet high must contact local utility company(s) for approval and assistance with power lines.(7-1-24)
IDAPA 39.03.01.303 Insurance and Bonding Requirements
01.Insurance.
The permittee when hauling buildings fourteen feet (14’) or more in width will be required to carry evidence of insurance in the permitted vehicle in the same minimum amounts as is necessary for those permits issued for the movement of overwidth manufactured homes. Minimum requirements are three hundred thousand dollars ($300,000) combined single limit, (when hauling permittee’s own building) and seven hundred fifty thousand dollars ($750,000) when hauling for hire.(7-1-24)
02.Bond Requirements. When an expense to the state can be presumed in providing clearance for an over height load, or for repair of signposts or other such facilities, a cash bond based on estimated costs to the State may be required before issuance of such permit. Any part of the cash bond in excess of material costs, labor, and equipment rental will be returned to the permittee after the actual costs to the State have been determined and deducted.(7-1-24)
IDAPA 39.03.01.304 Convoy of Oversize Loads
01.Convoying Oversize Loads. Oversi ze loads that individually would require a pilot/escort vehicle, except overwidth manufactured homes, office trailers, and modular buildings, may be permitted to travel in convoy with pilot/escort vehicles in front of and behind the convoy, but such convoys will not exceed four (4) oversize loads or vehicles between pilot/escort vehicles. Maximum width of units in a convoy will be limited to fourteen (14’) feet wide on black-coded routes of the Pilot/Escort Vehicle Travel and Vertical Clearance of Structures Map and to twelve feet six inches (12’6”) on red-coded routes of the Pilot/Escort Vehicle Travel and Vertical Clearance of Structures Map. Oversize loads that do not individually require a pilot/escort vehicle may travel in convoy without pilot/escort vehicles. Maximum length of units in a convoy will be limited to one hundred (100’) feet on black-coded routes and seventy five (75’) feet on red-coded routes of the Pilot/Escort Vehicle Travel and Vertical Clearance of Structures Map and one hundred twenty (120’) feet on the interstate system.(7-1-24)
02.Convoying Manufactured Homes, Office Trailers, and Modular Buildings. No convoy of overwidth manufactured homes, modular buildings, or office trailers will include more than two (2) units between two (2) piloting/escorting vehicles. On those routes where pilot/escort vehicles are required in front and to the rear of an overwidth manufactured home or office trailer, two (2) units may travel in convoy between such piloting/escorting vehicles. On routes requiring only a front pilot/escort vehicle, the manufactured home or office trailer mover may have the option of convoying two (2) units between front and rear pilots/escorts. At no time will more than one (1) manufactured home or office trailer be piloted/escorted by one (1) pilot/escort vehicle. Maximum width of units in a convoy will be limited to fourteen (14’) feet wide on black-coded routes and to ten (10’) feet wide on red-coded routes of the Pilot/Escort Vehicle Travel and Vertical Clearance of Structures Map. Minimum spacing of approximately one thousand (1,000’) feet will be maintained between all units in a convoy except when a pilot/escort is necessary to control traffic in turning movements. Maximum length of units in a convoy will be limited to one hundred (100’) feet on black-coded routes and seventy five (75’) feet on red-coded routes of the Pilot/Escort Vehicle Travel and Vertical Clearance of Structures Map and one hundred twenty (120’) feet on the interstate.(7-1-24)
IDAPA 39.03.01.305 Time of Travel Restrictions for Oversize Loads
01.Red-Coded Routes. Day light travel until 2 p.m. on Friday or the day before a holiday, as identified in Subsection 305.04 of this section, no travel is allowed on Saturday or Sunday. Single-trip permits may allow travel during different time periods. Travel may resume at sunrise on Monday or the day following a holiday.(7-1-24)
02.Black-Coded Routes. Loads not over twelve (12) feet wide, one hundred twenty (120) feet long, and fifteen (15) feet high may travel twenty-four (24) hours per day, seven (7) days per week. Loads in excess of any of the preceding dimensions are required to follow the Pilot/Escort Vehicle Travel and Vertical Clearance of Structures Map restrictions and are limited to traveling before 4:00 p.m. on the day preceding a holiday. Travel may be resumed at sunrise on the day following the holiday.(7-1-24)
03.Interstate. Loads not over twelve (12) feet wide, one hundred and twenty (120) feet long, or fifteen (15) feet high may travel twenty-four (24) hours per day, seven (7) days per week; otherwise, follow the Pilot/Escort Vehicle Travel and Vertical Clearance of Structures Map for restrictions.(7-1-24)
04.Holidays. The following days are designated as holidays:(7-1-24)
a.New Year’s Day;(7-1-24)
b.Memorial Day;(7-1-24)
c.Independence Day;(7-1-24)
d.Labor Day;(7-1-24)
e.Thanksgiving; and(7-1-24)
f.Christmas.(7-1-24)
05.Movement of Buildings. Excessively oversize loads may have additional restrictions to time of travel applied. At the discretion of the Department, movement of loads may be approved between 2 a.m. and sunrise to avoid traffic issues.(7-1-24)
06.Special Circumstances. Other time of travel restrictions may be noted on the permit due to special circumstances.(7-1-24)
07.Overlength Restrictions. Oversize vehicles operating under the authority of a special permit that exceeds seven (7) feet of front overhang, on any vehicle in the combination, are restricted to daylight travel only on two (2) lane, two (2) way highways.(7-1-24)
08.Heavy Commuter Traffic Restrictions. The movement of oversize permitted vehicles or loads which are more than thirteen (13) feet in width are prohibited from movement on State Roadways at times of heavy commuter traffic. Unless otherwise defined on the permit, the times of heavy commuter traffic will be 6:00 a.m. to 9:00 a.m., and 4 p.m. to 6:30 p.m. local time, Monday through Friday except as noted under Holiday restrictions.
Restrictions to the operation of oversize permitted vehicles and/or loads during times of heavy commuter traffic will appear either on the face of the permit or in the attachments for annual permits. The location of heavy commuter occurs at the identified mile posts or within one (1) mile of the city limits of the following cities:(7-1-24)
a.Boise valley - I-84, MP 26 to MP 59;(7-1-24)
b.Coeur d’Alene – I-90, MP 0 to MP 17;(7-1-24)
c.Eagle;(7-1-24)
d.Emmett;(7-1-24)
e.Garden City;(7-1-24)
f.Idaho Falls – I-15 MP 115 to MP 121;(7-1-24)
g.Middleton;(7-1-24)
h.Pocatello valley – I-15 MP 67 to MP 74 and I-15B MP 0 to MP 5.5 and I-86 MP 58 to MP 63 and US-30 MP 331 to MP 336 and US 91 MP 100 to MP 103 and US 91 MP 77 to MP 82;(7-1-24)
i.Star; and(7-1-24)
j.Twin Falls - US 93 MP 41 to MP 53.(7-1-24)
09.Heavy Commuter Lane Restriction. Authorized oversize permitted vehicles operating during hours of heavy commuter traffic will be restricted to the furthest right-hand lane.(7-1-24)
10.Emergency Vehicles. Emergency movement of vehicles/loads responding to imminent hazards to persons or property will be exempt from the provisions of this section.(7-1-24)
11.Additional Department Approval and Allowance for Approval Time. Department approval may require up to twenty-four (24) working hours. Additional Department approval is required when vehicles or loads exceed.(7-1-24)
a.Sixteen (16) feet wide on red coded and black coded routes;(7-1-24)
b.Eighteen (18) feet wide on interstate highways;(7-1-24)
c.Sixteen (16) feet high on any route; or(7-1-24)
d.One hundred twenty (120) feet long on any route other than the interstate;(7-1-24)
e.One hundred fifty (150) feet long on the interstate.(7-1-24)
IDAPA 39.03.01.306 Pilot/Escort Vehicles
01.Vehicle Requirements.
Pilot/escort vehicle(s) will be furnished by the permittee and will be either passenger car(s), truck(s), or vehicles authorized by the Commercial Vehicle Services Office, however, will not exceed sixteen (16,000) pounds. The truck(s) used as pilot/escort vehicle(s) will not be loaded in such a manner as to cause confusion to the public as to which vehicle is the one under escort. Vehicles towing trailers will not qualify as pilot/escort vehicles.(7-1-24)
02.Loads Over Sixteen Feet High. Height poles are necessary in the front of the pilot/escort vehicles leading all loads over sixteen (16’) feet high with a non-metallic height pole deployed.(7-1-24)
03.Single Trip and Annual Permits. A pilot car is required for a single trip any time it is so stated in the escort section or restriction section of the permit. Annual Permit holders will require a pilot car in accordance with the Pilot/Escort Vehicle Travel and Vertical Clearance of Structures Map in relation to their size and route.
04.Oversize Load Signs. All pilot/escort vehicles while escorting an oversize load will display a sign on the roof top of the vehicle having the words OVERSIZE LOAD. Such signs will not be displayed and will be considered illegal except when the pilot/escort vehicle is actually piloting/escorting an oversize load.(7-1-24)
05.Dimensions. Twelve (12”) inches high by five (5’) feet wide and eight (8”) inch high letters, one (1”) inch stroke width, and black letters on yellow background.(7-1-24)
06.Oversize Load Lights. Flashing or rotating amber lights must be displayed on the pilot/escort vehicle at each end of the necessary OVERSIZE LOAD sign above the roofline of the vehicle and be visible from the front, rear, and sides of the pilot/escort vehicle. These lights will meet the minimum standards outlined in section 7 of this rule and will always be on during escorting movements.(7-1-24)
07.Single Light. As an alternative to subsection 6 of this section, a pilot/escort vehicle may display one (1) rotating or flashing amber beacon visible from a minimum of five hundred (500’) feet, mounted above the roofline and visible from the front, and rear, and sides of the pilot/escort vehicle. The light will always be on during escorting movements.(7-1-24)
08.Pilot/Escort Lights On During Movement of Escorted Load. The pilot/escort vehicle’s headlights and taillights will be on while escorting the permitted load.(7-1-24)
09.Required Equipment to be Carried in a Pilot/Escort Vehicle. A pilot/escort vehicle will carry the following items of equipment in operable and good working condition when piloting/escorting an over dimensional vehicle and/or load.(7-1-24)
a.Standard eighteen (18”) inch STOP and SLOW paddle sign.(7-1-24)
b.Three (3) bi-directional emergency reflective triangles.(7-1-24)
c.A minimum of one (1) five (5) pound B, C, fire extinguisher.(7-1-24)
d.An ANSI Class 2 or 3 safety vest, shirt, or jacket either orange or yellow, which will be worn by the operator when working out of the vehicle during daylight hours. An ANSI Class3 safety vest, shirt, or jacket either orange or yellow, which will be worn by the operator when working out of the vehicle during nighttime hours.
e.Two (2) spare oversize load signs for escorted loads meeting the size requirements of Section 300 of these rules.(7-1-24)
f.Non-conductive, non-destructive height pole with a flexible tip on the front of the pilot/escort vehicle for determining vertical clearances (when required).(7-1-24) g.
Valid driver’s license.(7-1-24)
h.T wo-Way Radio.(7-1-24)
i.Hardhat.(7-1-24)
j.Flashlight.(7-1-24)
k.First Aid Kit.(7-1-24)
10.Two-Way Radio. On all movements necessitating a pilot/escort vehicle, both the towing unit and the pilot/escort vehicle(s) will be equipped with two-way radio equipment licensed under Federal Communications Commission regulations adequate to always provide reliable voice communication between the drivers thereof during the movement of the piloted/escorted vehicle and/or load. Transmitting and receiving capabilities of the radio equipment used will be adequate to provide the required communication over a minimum distance of one-half (1/2) mile separation under conditions normally encountered along the proposed route.(7-1-24)
11.Front Pilot/Escort Vehicle. The movement of an oversize vehicle and/or load may be preceded by a pilot/escort vehicle on those sections of highway where the vehicle and/or load cannot travel within its proper travel way lane.(7-1-24)
12.Rear Pilot/Escort Vehicle. As authorized by Section 49-940, Idaho Code, when the width of a load obstructs the driver’s view to the rear so they cannot see two hundred (200’) feet behind them, a rear escort will be necessary to accompany the oversize load and to communicate with the driver of the permitted load concerning impeded overtaking traffic for the purpose of providing passing opportunity.(7-1-24)
13.Advance Pilot/Escort Vehicle. A third pilot/escort vehicle may be required when the load is of such extreme dimensions for the route of travel as to require holding opposing traffic at turnouts and intersections to provide for passage of the load.(7-1-24)
14.First Movement from the Forest. A pilot/escort vehicle is not required on the first movement from the forest of tree-length logs or poles if the overall length does not exceed one hundred ten (110’) feet.
Secondary movements must comply with the requirements stated on the Pilot/Escort Vehicle and Travel Time Requirements map.(7-1-24)
15.Spacing. Approximately one thousand (1,000’) feet will be maintained in rural areas between the piloting/escorting vehicle and any oversize load. This spacing may be reduced in urban areas when necessary to provide traffic control for turning movements.(7-1-24)
IDAPA 39.03.01.307 Nez Perce – Clearwater Forest Safety and Travel Requirements
01.Forest Service Oversight. Pursuan t to a Federal Court decision, the United States Forest Service has the duty to regulate oversize loads traveling through the Nez Perce – Clearwater Forest (US 12 from milepost 74 to 174). The Forest Service has issued the following written criteria to determine which “oversize” loads will be subject to Forest Service review:(7-1-24)
a.Load exceeds sixteen (16) feet wide, one hundred and fifty thousand pounds (150,000 lbs.), and/or one hundred and fifty (150) feet in length.(7-1-24)
b.Load movement requires longer than twelve (12) hours to travel through the designated mileposts.
c.Load movement requires physical modification of the roadway or adjacent vegetation to facilitate passage beyond normal highway maintenance.(7-1-24)
02.Additional Safety Requirements. For loads meeting any of the criteria this section of this rule, there will be additional safety requirements for the movement of such loads on US 12 from milepost 74 to 174. These additional safety requirements include, at a minimum, the following:(7-1-24)
a.Ambulances and possible law enforcement escorts to ensure public safety.(7-1-24)
b.Safety lighting will be addressed to not create a safety hazard to the traveling public.(7-1-24)
c.Loads cannot utilize turnouts, which are designated for recreational vehicles for non-emergency parking.(7-1-24)
d.Time of travel will be determined based on traffic volume and best interest of the public. Nighttime movement may be required and/or movement may be restricted during holidays or weekends.(7-1-24)
e.Loads require a vehicle safety inspection by the Idaho State Police or equivalent agency of another jurisdiction prior to issuance of a permit.(7-1-24)
f.The department will monitor the loads as they travel the highway and ensure only one (1) load will operate on this section of highway at any one time.(7-1-24)
IDAPA 39.03.01.308 Maximum Overweight Levels for Annual Overweight/Oversize Permits
01.Allowable Gross Vehicle Weight.
The gross vehicle weight allowable by overweight permit is subject to the seasonal stability of the roadway and the capacity of the structures on the route of travel. For the purpose of issuing special permits, seven (7) levels of overweight are established, based on the weight formula of w = 500((ln/n-1) + 12n + 36) and routes for carrying the various levels of overweight are designated by color coding. The weight formula (“w”) is the maximum weight in pounds (to the nearest five hundred (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, “n” is the number of axles under consideration. The load factor based on the most critical bridge on the highway route will also be used in determining allowable weights.(7-1-24)
02.Red Routes. The red routes contain posted bridges and require approval or analysis from the Department. A vehicle configuration may be issued an annual overweight/oversize permit for travel on red routes only, upon completion of an analysis verifying the requested weights are acceptable. The annual permit will be issued for a specific vehicle configuration, operating on a specific route, at specific weights. All information will be listed on the annual permit and will be subject to revocation at such time the vehicle configuration changes (such as axle spacings), the approved weights change, or a bridge rating changes.(7-1-24)
03.Yellow Routes. The yellow overweight level is based on a single axle loading of twenty-two thousand five hundred (22,500) pounds, a tandem axle loading of thirty-eight thousand (38,000) pounds, and a tridem axle loading of forty-eight thousand (48,000) pounds or the equivalent loading as determined by spacings and the number of axles and computed by applying the formula W = 560 ((LN/N-1) + 12N + 36).(7-1-24)
04.Orange Routes. Orange overweight level is based on a single axle loading of twenty-four thousand (24,000) pounds, a tandem axle loading of forty-one thousand (41,000) pounds, and a tridem axle loading of fifty-one thousand five hundred (51,500) pounds or the equivalent loading as determined by spacings and the number of axles and computed by applying the formula W = 600 ((LN/N-1) + 12N + 36).(7-1-24)
05.Green Routes. The green overweight level is based on a single axle loading of twenty-five thousand five hundred (25,500) pounds, a tandem axle loading of forty-three thousand five hundred (43,500) pounds, and a tridem axle loading of fifty-four thousand five hundred (54,500) pounds or the equivalent loading as determined by spacings and the number of axles and computed by applying the formula W = 640 ((LN/N-1) + 12N + 36).(7-1-24)
06.Blue Routes. Blue overweight level is based on a single axle loading of twenty-seven thousand (27,000) pounds, a tandem axle loading of forty-six thousand (46,000) pounds, and a tridem axle loading of fiftyseven thousand five hundred (57,500) pounds or the equivalent loading as determined by spacings and the number of axles and computed by applying the formula W = 675 ((LN/N-1) + 12N + 36).(7-1-24)
07.Purple Routes. The purple overweight level is based on a single axle loading of thirty thousand (30,000) pounds, a tandem axle loading of fifty-one thousand five hundred (51,500) pounds, and a tridem axle loading of sixty-four thousand five hundred (64,500) pounds or the equivalent loading as determined by spacings and the number of axles and computed by applying the formula W = 755 ((LN/N-1) + 12N + 36).(7-1-24)
08.Black Routes. The black overweight level is based on a single axle loading of thirty-three thousand (33,000), pounds a tandem axle loading of fifty-six thousand (56,000) pounds, and a tridem axle loading of seventy thousand five hundred (70,500) pounds or the equivalent loading as determined by spacings and the number of axles and computed by applying the formula W = 825 ((LN/N-1) + 12N + 36).(7-1-24)
IDAPA 39.03.01.309 Special Permits for Self Propelled Vehicles
Permitted overweight/oversize self-propelled vocational vehicles (such as cranes, loaders, motor graders, drills) may haul or tow a motorized vehicle provided that the motorized vehicle or combination of vehicles being towed (trailer and motorized vehicle) does not exceed eight thousand (8,000) pounds and the motorized vehicle is used solely for return trip after delivery of the permitted vehicle.(7-1-24)
IDAPA 39.03.01.310 Quarterly Road Use Fee Reports for Annual Overweight Permits
01.Quarterly Reporting.
To comply with Section 49-1001, Idaho Code, permittees must make quarterly reports of laden only mileage to the department for the movements of non-divisible vehicle/loads, at the appropriate permitted weight level of the annual special permits. These fees are in addition to the registration fees Mileage and road use fees for single trip special permits are calculated and collected at the time of issuance and are not reported quarterly. Reporting is required as follows:(7-1-24)
a.The department will generate an online quarterly report form for each valid annual special permit issued.(7-1-24)
b.The permittee must report each quarter’s information on the department’s form with all requested information completed on or before the specified due date even when reporting zero (0) miles traveled.(7-1-24)
c.If the customer does not receive a quarterly report form or report their information online, it is the customer’s responsibility to notify the department allowing adequate time to submit the report before the due date.
d.Any report transmitted through the US Postal Service is considered filed and received by the department on the date shown by the post office cancellation mark stamped on the envelope or wrapper containing the report. A postage meter cancellation is not considered as a post office cancellation mark.(7-1-24)
e.If the quarterly report form due date falls on a Saturday, Sunday, or a federally recognized holiday, the due date will be extended to the next business day.(7-1-24)
f.If a quarterly report is not submitted the account will be suspended.(7-1-24)
IDAPA 39.03.01.311 Oversize Loads
01.Continuous Operation. Speci al permits may be issued for continuous operation to haul or transport non-divisible loads having specified maximum oversize dimensions provided such permits for multiple trips can maintain the same measure of protection to highway facilities and to the traveling public as is provided by single trip permits.(7-1-24)
a.Permits for continuous operation to be issued for oversize loads only.(7-1-24)
b.Permits for continuous operation will be issued to one (1) specified power unit. The permittee may tow various units with the specified power unit, either as towaway vehicles or trailers, hauling oversized loads.
Oversize loads will be non-divisible in width, length, or height. In the case of specially constructed equipment, mounted on a towed vehicle, or if the towed vehicle is only hauling an oversize but not overweight load, the permit may be issued to the towed vehicle.(7-1-24)
c.Maximum size of loads or vehicles transported under the authority of an annual oversize for black and interstate routes will be limited to a width of sixteen (16’) feet, a height of fifteen feet six inches (15’6”), and to a combination length of one hundred twenty (120’) feet including load overhang. Annual oversize permits for redcoded routes will be limited to a width of twelve feet six inches (12’6”). A current Pilot/Escort Vehicle Travel and Vertical Clearance of Structures Map will accompany such permits for extended operations and is considered part of the permit.(7-1-24)
d.Divisible weight permits can be used in conjunction with non-divisible oversize permits if the weights do not exceed in Section 49-1001, Idaho Code, and the length does not exceed multiple Overwidth loads on single or double trailers.(7-1-24)
i.Multiple Overwidth Loads on Single or Double Trailers. Multiple non-divisible loads may be transported on double trailer combinations not exceeding eighty (80’) feet combination length and single trailers not exceeding fifty-three (53’) feet exclusive of load overhang.(7-1-24)
IDAPA 39.03.01.312 Overwidth Permits for Implements of Husbandry
01.Farm Tractors on Interstate Highways. Farm tractors transported on Interstate Highways are required to have special permit authority if width exceeds nine (9’) feet. A farm tractor when attached to an implement of husbandry or when drawing an implement of husbandry will be construed to be an implement of husbandry and no permit is necessary. Farmers, equipment dealers, or custom operators may be issued single trip or annual permits under this rule for transportation of farm tractors, having a width in excess of nine (9’) feet to or from a farm involving Interstate Highway travel. The transportation of farm tractors or implements of husbandry for hire, or not being transported from one farm operation to another, is a common-carrier operation. Exemptions from legal width limitation do not apply to common-carrier operations. Farm tractors or implements of husbandry hauled for hire, or used in the furtherance of a business (not to include farming operations), are subject to the same special permit regulations as other oversize loads when the width of the load exceeds legal-width limitations, and must operate under oversize permits.(7-1-24)
02.Other Than Farm to Farm. Implements of husbandry exceeding eight feet six inches (8’6”) in width being transported require a special permit to move, except for the following situations:(7-1-24)
a.The implement is being moved from one (1) farm operation to another farm operation.(7-1-24)
b.A farmer, employee or relative of the owner of the implement, or equipment dealer is transporting implements of husbandry or equipment for the purpose of:(7-1-24)
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(7-1-24)
ii.The purchase, sale, lease or rental of such implements of husbandry or equipment when traveling between a farm and a dealership, auction house, or other facility during daylight hours.(7-1-24)
03.Farm Permits. Annual permits will be issued to towing units or to self-propelled farm tractors or towed units, or blanket permits may be issued to an Idaho domicile applicant without vehicle identification. Such blanket permits may be transferred from one (1) vehicle to another vehicle but will be valid only when the permit is with the overwidth vehicle and/or load. A photocopy of the permit is valid, provided that the Pilot/Escort Vehicle Travel and Vertical Clearance of Structures Map furnished by the Idaho Transportation Department are included.
Such annual permits for implements of husbandry or farm tractors are subject to the same maximum dimensions, travel time exclusions, and safety requirements as other overwidth annual permits.(7-1-24)
04.Overwidth Farm Trailers. Trailers or semi-trailers exceeding eight feet six inches (8’ 6”) wide, but not wider than the implement of husbandry, used for the transportation of implements of husbandry to or from a farm for agricultural operations, will be exempt from special permitting requirements. This exemption does not apply to trailers or semi-trailers used in common carrier operations, hauling for hire or used in the furtherance of a business (not to include farming operations)(7-1-24)
a.Exempt trailers, as listed above, may not be used to haul implements of husbandry that are narrower than the overwidth trailer.(7-1-24)
b.Empty trailers, as listed above, being used to pick up or drop off an implement of husbandry from a farm to a farm are also exempt and must be reduced to a practical minimum dimension (i.e. dropping side exten sions).(7-1-24)
IDAPA 39.03.01.313 Removal of Disabled Vehicles
01.Permits Issued. Annual Disabled Vehicle permits will be issued to wrecker trucks or other vehicles used for the removal, including the first and secondary movement of disabled vehicles and their unladen return.(7-1-24)
02.Permitted Vehicle. The permitted vehicle involved in the removal of disabled vehicles will be the proper class of vehicle and will have adequate gross vehicle weight and traction to control the combination of wrecker and attached disabled vehicles, and will provide brakes to the trailer axles and stop signal and clearance lights to such towed disabled vehicle.(7-1-24)
03.Loaded Weight. Loaded weight of the permitted vehicle’s drive axle(s) will be permitted up to the basic allowable unit weight as shown on the current Idaho Transportation Department Route Capacity Map for the corresponding-colored route, unless the state roadways route is posted with a weight restriction. The current Route Capacity Map is available to the public online. Length of the combination will be limited to the legal or permitted length of the disabled combination plus forty-five (45’) feet. Width will be limited to ten (10’) feet or to the permitted width of the permitted disabled over-width vehicle/load. All axles must be fully deployed when exceeding adjacent legal axle weights.(7-1-24)
a.Disabled Vehicle and Snowplow permits involving overweight loadings will be available at the following levels:(7-1-24)
i.Red Routes – The red routes contain posted bridges and require approval or analysis from the Department. A vehicle configuration may be issued an annual Disabled Vehicle and Snowplow permit for travel on red routes, upon completion of an analysis verifying the requested weights are acceptable. The annual permit will be issued for a specific vehicle configuration, operating on a specific route, at specific weights. All information will be listed on the annual permit and will be subject to revocation at such time as the vehicle configuration changes (such as axle spacings), the approved weights change, or a bridge rating changes.(7-1-24)
ii.Yellow Routes – The yellow overweight level is based on a single axle loading of twenty-two thousand five hundred (22,500) pounds, a tandem axle loading of thirty-eight thousand (38,000) pounds, and a tridem axle loading of forty-eight thousand (48,000) pounds or the equivalent loading as determined by spacings and the number of axles and computed by applying the formula W = 560 ((LN/N-1) + 12N + 36).(7-1-24)
iii.Orange Routes – The orange overweight level is based on a single axle loading of twenty-four thousand (24,000) pounds, a tandem axle loading of forty-one thousand (41,000) pounds, and a tridem axle loading of fifty-one thousand five hundred (51,500) pounds or the equivalent loading as determined by spacings and number of axles and computed by applying the formula W = 600 ((LN/N-1) + 12N + 36).(7-1-24)
iv.Green Routes – The green overweight level is based on a single axle loading of twenty-five thousand five hundred (25,500) pounds, a tandem axle loading of forty-three thousand five hundred (43,500) pounds and a tridem axle loading of fifty-four thousand five hundred (54,500) pounds or the equivalent loading as determined by spacings and number of axles and computed by applying the formula W = 640 ((LN/N-1) + 12N +36). v .Blue Routes – The blue overweight level is based on a single axle loading of twenty-seven thousand (27,000) pounds, a tandem axle loading of forty-six thousand (46,000) pounds, and a tridem axle loading of fifty-seven thousand five hundred (57,500) pounds or the equivalent loading as determined by spacings and number of axles and computed by applying the formula W = 675 ((LN/N-1) + 12N + 36).(7-1-24)
vi.Purple Routes – The purple overweight level is based on a single axle loading of thirty thousand (30,000) pounds, a tandem axle loading of fifty-one thousand five hundred (51,500) pounds, and a tridem axle loading of sixty-four thousand five hundred (64,500) pounds or the equivalent loading as determined by spacings and number of axles and computed by applying the formula W = 755 ((LN/N-1) + 12N + 36).(7-1-24)
vii.Black Routes – The black overweight level is based on a single axle loading of thirty-three thousand (33,000) pounds, a tandem axle loading of fifty-six thousand (56,000) pounds, and a tridem axle loading of seventy thousand five hundred (70,500) pounds or the equivalent loading as determined by spacings and number of axles and computed by applying the formula W = 825 ((LN/N-1) + 12N + 36).(7-1-24) viii.Weight Formula. “W” is the maximum weight in pounds (to the nearest five hundred (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, “N” is the number of axles under consideration and “F” is the load factor most appropriate based on the most critical bridge on the highway route.(7-1-24)
b.The maximum overweight levels will not exceed eight hundred (800) pounds per inch width of tire nor the maximum weights authorized.(7-1-24)
04.Time of Travel Restrictions. Time of travel restrictions will be waived during the first movement of the disabled vehicle when necessary to clear the travel way. Disabled vehicles that are oversize and moving at night will be required to operate in accordance with the lighting requirements as listed in Section 007 of this rule. A front pilot/escort vehicle will be required when disabled vehicles exceeding ten (10’) feet wide and is being moved at night.(7-1-24)
05.First Movement. A disabled vehicle permit will cover the wrecker for the first movement of a disabled vehicle from the point at which the disabled vehicle became disabled to a location (i.e. towing company, repair, or company facility) where it can be safely secured.(7-1-24)
06.Secondary Movement. A disabled vehicle permit will cover a wrecker for secondary movements of disabled vehicles as long as any vehicle combinations have been separated and the wrecker plus the portion of the disabled vehicle do not exceed allowable weight or size limits.(7-1-24)
07.Replacement Vehicle. The permitted vehicle involved in the removal of a disabled vehicle will be allowed to tow a functional replacement vehicle to the point of disablement, to replace the disabled vehicle. (7-1-24)
08.Height Restrictions. The disabled vehicle height will not exceed the height of fifteen (15’) feet on the first movement.(7-1-24)
IDAPA 39.03.01.314 Manufactured Homes, Modular Buildings, and Office Trailers
01.Registration and Licensing Requir ements. All manufactured homes moved on their own axles on any state roadways are to be licensed, permanently or temporarily, with the exception of, new manufactured homes, being transported either prior to first sale at retail or to the initial setup location of the original purchaser. The manufactured home registration (if required) and general property tax receipt will be made available for inspection upon demand of any enforcement officer.(7-1-24)
02.Insurance Requirements. The permittee or the driver of the vehicle hauling or towing overwidth manufactured homes, modular buildings, and office trailers will be required to carry evidence of general liability insurance in the permitted vehicle written by a company licensed in Idaho showing coverage in the minimum amounts of three hundred thousand dollars ($300,000) when hauling permittee’s own manufactured home. When hauling for hire permittee will carry a minimum amount of seven hundred and fifty thousand dollars ($750,000) insurance coverage and have proper authority.(7-1-24)
03.Paneling of Open Sides. Paneling must be rigid material, or six (6) mil plastic sheathing (or stronger) backed by a grillwork to prevent billowing and fully enclose open sides of sections in transit.(7-1-24)
04.Interior Loading. If furnishings or other loose objects are being transported within the unit, they must be secured in a position safe for traveling.(7-1-24)
05.Construction. Modular buildings will be constructed in accordance with the Uniform Building Code as applies to design and construction requirements that will affect overall structural strength and roadability.
Manufactured homes and office trailers will be constructed in accordance with Federal HUD Manufactured Home Construction and Safety Standards.(7-1-24)
06.Towed On Own Axles. Manufactured Homes, Modular Buildings, and Office Trailers being towed on their own axles must have the following requirements:(7-1-24)
a.Connection Device must be in compliance with Federal Motor Carrier Safety Regulations, 49 CFR part 393.(7-1-24)
b.Length cannot exceed eighty (80’) feet including tongue.(7-1-24)
c.Width will be limited to a maximum of sixteen (16’) feet at the base and will not exceed eighteen (18’) feet overall width including the eaves.(7-1-24)
d.The maximum allowable load for any vehicle tire operated on any public highway will be in accordance with Code of Federal Regulations, Title 24, Chapter 20, Office of Assistant Secretary for Housing - Federal Housing Commissioner, Department of Housing and Urban Development, Part 3280, Subpart J, (CFR Title 24).(7-1-24)
e.Running gear assembly, the entire system including frame, drawbar, and coupling mechanism, brake systems, axles, and lights, will be in compliance with CFR Title 24 for the year the manufactured home was built. In addition, all tires and lights used in transportation of manufactured homes under this category will be in compliance with Federal Motor Carrier Safety Regulations, part 393.(7-1-24)
f.Sixteen (16) foot wide (at the base) manufactured homes will be required to have a minimum of four (4) axles.(7-1-24)
g.Sixteen (16) foot wide (at the base) manufactured homes will be required to have brakes on a minimum of three (3) axles.(7-1-24)
h.The unit will have stop lights, turn signals, and taillights.(7-1-24)
i.Safety Chains. Two (2) safety chains will be used, one (1) each on right and left sides of, but separate from, the coupling mechanism connecting the tow vehicle and the manufactured home while in transit.
Chain will be three-eighths (3/8) inch diameter steel. Chains will be strongly fastened at each end to connect the tow vehicle and manufactured home and assure that in the event of a coupling failure the manufactured home will track behind the tow vehicle.(7-1-24)
07.Tow Vehicles. Tow vehicles for manufactured homes, modular buildings, and office trailers will comply with the following minimum requirements:
a.Brakes will be in compliance with Federal Motor Carrier Safety Regulations part 393.(7-1-24)
b.Rear axle will have a minimum of a single axle with dual mounted tires.(7-1-24)
c.Connection Device will be in compliance with Federal Motor Carrier Safety Regulations, part 393.
d.Must be able to maintain a minimum speed of twenty-five (25) mph.(7-1-24)
e.Operators of vehicles towing manufactured homes, modular buildings and office trailers over ten (10’) feet wide at the base will have a class A or B Commercial Driver’s License, as appropriate.(7-1-24)
Manufactured Homes and Office Trailers Width Tire Width Drive Axle Tire Rating Min. Unladen Weight Rear Axle Rating Over 8 feet to 10 feet7.00 inches6 Ply6,000#None Over 10 feet to 12 feet8.00 inches8 Ply8,000#15,000# Over 12 feet8.25 inches10 Ply12,000#15,000#
f.When towing manufactured homes, modular buildings, or office trailers on their own axles will be limited to a maximum of sixty (60) miles per hour.(7-1-24)
08.Load Size. Manufactured home, modular building, or office trailer loads will be limited to the following dimensions:(7-1-24)
a.Length cannot exceed eighty (80’) feet.(7-1-24)
b.Width at the base of building cannot exceed sixteen (16’) feet.(7-1-24)
c.Eaves cannot exceed eighteen (18’) feet.(7-1-24)
09.Hauling Equipment. Vehicles used to haul manufactured homes, modular buildings, and office trailers will be combinations designed to meet the requirements of Federal Motor Carrier Safety Regulations for vehicles engaged in interstate commerce. Such vehicles will be of structural capacity to safely accommodate the loading at all times.(7-1-24)
a.The unit will have stop lights, turn signals, and taillights that meet the requirements of Federal Motor Carrier Safety Regulations, part 393.(7-1-24)
10.Securing Loads. A minimum of four (4) steel, three fourths (3/4”) inch diameter bolts will be used to directly connect the main support members of the modular building, manufactured home, or office trailer to the support frame of moving equipment. Two (2) bolts each will be located not less than twelve (12’) feet from the forward and rear ends of the modular building, manufactured home or office trailer. Each of the four (4) bolts will be at least four (4’) feet apart. Equivalent methods of fastening, such as chains or binders, may be used as alternatives.
IDAPA 39.03.01.315 Overweight Permits Requiring Bridge Analysis
01.Department Analysis. Requests to transport vehicles and/or loads at weights in excess of the weights allowed on a routine basis will require, at a minimum, an additional review and approval from the Department and may require an engineering analysis when structures are involved on the route(s) to be traveled. The Department may waive the requirement for engineering analysis provided sufficient prior analyses for similar loadings have been performed by the Department for the involved structures. A schematic drawing or other specific information with regard to placement of axles, distance between axles and/or wheels, and distribution of gross weight on axles and/or wheels may be requested when an engineering analysis is required.(7-1-24)
02.Single Axle Weight Restriction. Bridge approval is required when a single axle or steer axle is over thirty-five thousand (35,000) pounds.(7-1-24)
IDAPA 39.03.01.316 Bridge Analysis Criteria and Time Frames
01.Timelines.
The Department may take up to three (3) business days for an analysis on a vehicle or vehicle combination not in excess of two hundred fifty thousand (250,000) pounds and up to ten (10) business days for an analysis on a vehicle or vehicle combination over two hundred fifty thousand (250,000) pounds. Up to ten (10) business days will also be used for the review process of an analysis done by a third party. The following criteria will be used to determine bridge analysis work and whether it is to be completed by the Department or a qualified and preapproved third party. If a third party is required, the applicant is responsible for finding, initiating and paying for the cost of that analysis.(7-1-24)
02.Vehicle Combinations in Excess of Eight Hundred Thousand (800,000) Pounds. Vehicle combinations in excess of eight hundred thousand (800,000) pounds will be required to have a third party complete the bridge analysis. The analysis will then be reviewed by the Department for final approval or denial.(7-1-24)
03.Preliminary Information or Bid Work. When a permit request is placed and paid for, the Department will complete the analysis, otherwise a third party will be required to complete the bridge analysis. An analysis completed by a third party may be used when a permit request is made, and it will be reviewed by the Department for final approval or denial.(7-1-24)
04.Overweight Permit Requests with Multiple Configurations. Requests made to analyze multiple vehicle configurations for a specific route to determine which vehicle combination will be approved requires the analysis to be completed by a third party. The analysis will then be reviewed by the Department for final approval or denial.(7-1-24)
05.Overweight Permit Requests with Multiple Routes. Requests made to analyze multiple routes for a specific vehicle combination in order to determine which route will be approved requires the analysis to be completed by a third party. The analysis will then be reviewed by the Department for final approval or denial.
06.Extenuating Circumstances. The Department may under extenuating circumstances require that a bridge analysis be completed by a third party.(7-1-24)
IDAPA 39.03.01.317 (Reserved)
39.02.03 Rules Governing Vehicle Dealers Principal Place of Business and Claims to the Idaho Consumer Asset Recovery Fund
IDAPA 39.02.03.000 Legal Authority
This rule is adopted under the authority of Sections 49-201(1), and 49-1608F(9) Idaho Code.(7-1-25)
IDAPA 39.02.03.001 Purpose
This rule clarifies terms used in the definition of “principal place of business” and prescribes procedures for the payment of claims from the Idaho Consumer Asset Recovery Fund.(7-1-25)
IDAPA 39.02.03.002 (Reserved)
IDAPA 39.02.03.010 Definitions
01.Vehicle Dealer File System.
Books, records and files, necessary to conduct the business of a vehicle dealership. Records will be securely kept by the dealership in such order that they can be readily inspected by a Department Investigator. Such records and files may be kept electronically, as long as such records can be verified by the dealership as true and correct copies of the original records. Physical records or files retained by the dealership may be stored at an off-site location. The dealership will notify the department 30 days in advance of the address of the off-site location prior to moving such records. Records or files stored off-site will be made available to the department within 3 business days upon request. The files and records will contain but are not limited to:(7-1-25)
a.Physical or electronic sales invoices for current and two (2) preceding years;(3-31-22)
b.Physical or electronic copies of purchase orders for vehicles purchased for current and two (2) preceding years;(3-31-22)
c.Physical or electronic copies of title application forms accessible in numerical order;(3-31-22)
d.Written or electronic records of vehicles bearing new or used dealers’ number plates and their use by a manufacturer, vehicle dealer, or full-time licensed salespersons searchable by date, time or plate number;
(3-31-22)
e.Written or electronic records for loaner plates searchable by date, time or plate number; (3-31-22)
f.Copies or electronic records of Wholesale Dealer Forms records showing, all transactions, as applicable searchable by date or name of consignee;(3-31-22)
g.Physical or electronic odometer disclosure records for non-exempt vehicles; and(3-31-22)
h.Physical or electronic records of consignment agreements, as specified in Section 49-1636, Idaho Code.(3-31-22)
i.All electronic records will be created in a secure manner to prevent such records from being altered.
Electronic copies of records will be legible, complete, and an accurate reproduction of the original business record.
(7-1-25)
j.All electronic copies of records will be supplemented with a back-up copy of the electronic records.
(7-1-25)
k.Any device, server, network device, or any internal or external storage medium which stores the electronic records will have security access controls and physical security measures to protect the records from unauthorized access, viewing, or alteration.(7-1-25)
l.Any dealer storing electronic or physical records that contain personal information will ensure that disposal of any records be completed in a secure manner, by shredding, erasing, or otherwise modifying the personal information to make it unreadable or undecipherable through any means.(7-1-25)
02.Vehicle Dealer Sign Requirements. An exterior sign permanently affixed to the land or building, with clearly visible letters, visible to major avenue of traffic meeting local building or zoning codes with the trade name of the dealership clearly visible from fifty (50) feet.(7-1-25)
03.Telephone. A phone that has a publicly published business number in the name of the dealership.
Business phones will be answered during declared business hours, in the name of the licensed dealer.(7-1-25)
IDAPA 39.02.03.011 (Reserved)
IDAPA 39.02.03.100 General Provisions
01.Physical or Electronic Records System Ins pection. A vehicle dealer will make available all books, records and files maintained at the dealership location for immediate inspection for cause or complaint, or for random compliance review by a peace officer or authorized agent of the Department.(7-1-25)
02.Dealer Title Fee Disclosure.(7-1-25)
a.The fee will be clearly identified as a “TITLE FEE”;(7-1-25)
b.The fee will be shown as the exact amount required by law;(7-1-25)
c.Any documentation fees charged will be clearly listed separately from other fees and identified to the customer as dealer document preparation fees that are subject to sales tax as part of the purchase price of the vehicle.(7-1-25)
03.Idaho Consumer Asset Recovery (ICAR) Fund.(3-31-22)
a.All licensed dealers will pay the annual fee as set by the Idaho Consumer Asset Recovery (ICAR)
Board as required by Section 49-1608C, Idaho Code, unless otherwise provided by code.(3-31-22)
b.The ICAR fund fee will be set by the ICAR Board annually to be effective the following January 1.
Such fee will be posted on the Department web site and all applicable forms for dealer licensing.(3-31-22)
04.Declared Business Hours. All licensed dealers shall declare in writing to the Department the regular business hours that their dealerships are open and when they are available to be contacted by the Department or their customers.(7-1-25)
05.Vehicle Dealer License Suspension. Any dealer not meeting the requirements of Title 49, Idaho Code will be subject to suspension of an existing dealer license or refusal by the Department to issue a new dealer license.(7-1-25)
a.The Department’s agent will give written notice of deficiencies to the dealer or applicant.
(3-31-22)
b.At its discretion the Department may give the licensed dealership a reasonable amount of time to comply.(3-31-22)
c.Upon compliance, the license will be reinstated or issued.(3-31-22)
IDAPA 39.02.03.101 (Reserved)
IDAPA 39.02.03.200 Idaho Consumer Asset Recovery Fund Control Board Administration
01.Quorum.
A majority of the members of the Idaho Consumer Asset Recovery Control (ICAR)
Board established pursuant to Section 49-1608C, Idaho Code, constitutes a quorum. A quorum is required for voting on any ICAR claims. The ICAR Board chairman presides over ICAR Board meetings. The ICAR Board operates in compliance with Idaho open meeting laws.(3-31-22)
02.Voting. All members of the ICAR Board constituting the quorum are entitled to vote in consideration of any payment of a claim pursuant to Section 49-1608F, Idaho Code.(3-31-22)
03.Actual Loss or Damages. As provided for in Section 49-1608E, Idaho Code, “actual loss or damages”, means: The total cost to the purchaser, as set forth in a final judgement, of the loss directly resulting in a violation, by a dealer, of the provisions of Title 48, Chapter 6 or Title 49, Chapter 5 or Section 49-1418, Idaho Code; including such things as repairs, inspections and loss of resale value. The term includes the attorney fees and costs in bringing suit against the dealer, and includes pre-judgement, but not post-judgement interest. “Actual Loss or Damages” will not include such things as treble damages, expectation damages nor consequential damages resulting from dealer fraud.(7-1-25)
04.Complete and Complaint Claims. All ICAR claims will be initiated by filing the complete claim with the Idaho Transportation Department DMV Administrator. When a proper ICAR claim has been received, staff will review the claim for completeness and compliance with these rules and the provisions of Title 49, Chapter 16, Idaho Code. If the claim is complete and in compliance with statute and these rules, the ICAR Board will send notification per Section 49-1608F(5), Idaho Code, to the subject vehicle dealer with a demand that the dealer satisfy the judgement within thirty (30) days.(3-31-22)
a.Should the dealer fail to satisfy the judgment within thirty (30) days of notice from the ICAR Board, staff will provide the ICAR Board and the claimant a staff-recommended amount of the claim. If the claimant agrees with the staff-recommended payment amount, the ICAR Board will issue a final order either adopting or rejecting the staff recommended claim payment amount.(3-31-22)
b.Should the claimant disagree with the proposed amount to be paid on the claim, the claimant may request an administrative hearing under the provisions of Title 67, Chapter 52, Idaho Code, within 10 business days of receipt of notification. The department will appoint a qualified hearing officer to hear the claim, take testimony and review evidence; and issue findings of fact, conclusions of law and provide a recommended order.(3-31-22)
c.Upon receipt of the recommended order from the hearing officer, the ICAR Board will issue a final order either adopting or rejecting the hearing officer’s recommendation of the claim payment amount.(3-31-22)
d.Final orders of the ICAR Board may be subject to judicial review under the provision of Title 67, Chapter 52, Idaho Code.(3-31-22)
IDAPA 39.02.03.201 (Reserved)
39.02.42 Rules Governing Conditional Vehicle Registration and Temporary Registration
IDAPA 39.02.42.000 Legal Authority
This rule is adopted under the authority of Sections 49-201, 49-444, 49-501, 49-507 and 49-523, Idaho Code.
(7-1-24)
IDAPA 39.02.42.001 Purpose
This rule governs conditional vehicle registration when proof of own ership is insufficient and issuance of thirty (30)day temporary motor vehicle permits.(7-1-24)
IDAPA 39.02.42.002 (Reserved)
IDAPA 39.02.42.100 Conditional Registration
01.Issuance of Conditional Registration.
When all titling requirements cannot be completed but reasonable proof of ownership has been provided, conditional registration may be issued, for a one (1) year period without benefit of title or for up to a two (2) year period if purchased from a licensed Idaho vehicle dealer, by Idaho residents.(7-1-24)
02.Applicant Responsibility. By the expiration of the conditional registration period, the applicant must complete the titling requirements for the vehicle issued a conditional registration. The conditional registration will not be extended and no further registration (permanent or temporary) will be issued, until all the title requirements have been met.(7-1-24)
03.Issuance to Recreational Vehicles. Conditional registrations issued to recreational vehicles will expire in accordance with Section 49-445, Idaho Code, and will require the purchase of the recreational vehicle annual license pursuant to Section 49-444, Idaho Code.(7-1-24)
04.Ineligible Vehicles. Vehicles with altered VINs, vehicles confirmed as stolen, salvage vehicles that have not been retitled as rebuilt, wheel mounted equipment, commercial vehicles over twenty six thousand (26,000) pounds, and noncommercial or farm vehicles over sixty thousand (60,000) pounds are not eligible to be issued a conditional registration.(7-1-24)
IDAPA 39.02.42.101 (Reserved)
IDAPA 39.02.42.200 30-Day Temporary Registration
01.Issuance of 30 Day Temporary Registration. County assess ors, the Department, Licensed Idaho vehicle dealers, or agents of the Department may issue one thirty (30) day temporary registration to out-of-state residents who purchased a vehicle in Idaho and are transporting their newly purchased vehicle to their state of residence.(7-1-24)
02.Ineligible Vehicles. Vehicles with altered VINs, vehicles confirmed as stolen, salvage vehicles that have not been retitled as rebuilt, wheel mounted equipment, and vehicles or vehicle combinations, except motorhomes, over twenty six thousand (26,000) pounds are not eligible to be issued a 30 day temporary registration.
(7-1-24)
IDAPA 39.02.42.201 (Reserved)
39.03.80 Rules Governing Legalization of Overloaded Vehicles
IDAPA 39.03.80.000 Legal Authority
This rule is adopted under the authority of Sections 40-312 and 49-1001(8)(c), Idaho Code.(3-31-22)
IDAPA 39.03.80.001 Purpose
This rule provides that certain overweight vehicles may not proceed past the place of weighing until brought into compliance with the applicable weight limitations; however, these vehicles may be authorized to proceed to a location where they can be safely brought into compliance if it is determined that it would be unsafe or impractical to do so at the place of weighing.(3-31-22)
IDAPA 39.03.80.002 (Reserved)
IDAPA 39.03.80.010 Definitions
01.Place of Weighing.
That location where a motor vehicle, semitrailer, trailer, or combination thereof, is weighed by enforcement personnel to determine its legal allowable axle, combination of axles, or gross weight. Such locations include:(3-31-22)
a.Permanent ports of entry;(3-31-22)
b.Temporary weigh sites where vehicles are weighed on portable scales;(3-31-22)
c.Privately owned scales which are currently certified by the Idaho Department of Agriculture.
(3-31-22)
02.Perishable Commodity. Any product that will spoil, die, or otherwise become unusable for human or animal consumption, or becomes unmarketable when not properly cared for, maintained, or preserved. (3-31-22)
03.Legalization. Bringing a vehicle or load into compliance with applicable weight limitations by adjusting or shifting the load on the vehicle or by off-loading a portion of the load to another vehicle or place of storage.(3-31-22)
04.Safe Point of Legalization. That point closest to the place of weighing where qualified personnel, equipment, or material exist to safely shift, off-load, or transfer cargo from a vehicle to a place of storage or to another vehicle.(3-31-22)
05.Travel Authorization. A document authorizing a specific vehicle and its load to travel in an overweight condition from its place of weighing to a safe point of legalization.(3-31-22)
IDAPA 39.03.80.011 (Reserved)
IDAPA 39.03.80.100 General Provisions
01.Place to Legalize.
All vehicles exceeding the overweight tolerances of Section 49-1001(8), Idaho Code, are required to legalize at the place of weighing unless, in the judgment of the weight enforcement official, it would be unsafe and/or impractical to do so.(3-31-22)
02.Travel Authorization. Those overweight vehicles, which in the judgment of the weight enforcement official cannot be safely or practically legalized at the place of weighing, will obtain a travel authorization to travel to a safe point of legalization by payment of the statutory fee.(3-31-22)
a.The safe point of legalization will be determined by the weight enforcement official in consultation with the vehicle operator or other persons having interest in the vehicle or load.(3-31-22)
b.Vehicles hauling the following commodities are considered unsafe or impractical to legalize at the place of weighing. This list is illustrative and not all inclusive of the following: Bulk hazardous materials and hazardous waste as defined by Section 49-109, Idaho Code; livestock; hot asphalt; concrete; dead animals or parts thereof; highly perishable commodities; bees; and any load where removal of the tie downs may create a possible safety hazard.(3-31-22)
c.The owner or operator of vehicles required to off-load portions of their load will adhere to all applicable safety regulations of the Occupational Safety and Health Administration (OSHA), United States Department of Transportation, and the Idaho Department of Commerce and Labor.(3-31-22)
d.A supervisor within the port of entry chain of command will determine if loads of questionable safety should be off-loaded at the place of weighing or be allowed to purchase a travel authorization.(3-31-22)
03.Permission to Off-Load. No off-loaded commodity will be left at the place of weighing unless done so with permission of the appropriate authority.(3-31-22)
a.Any commodity left at the place of weighing may be removed and stored by the Department at the hauler’s expense.(3-31-22)
b.A trailer as defined by Section 49-121(6), Idaho Code, may be left at the place of weighing for a reasonable time not to exceed five (5) days if the weight enforcement official determines a traffic hazard will not be created.(3-31-22)
c.Any commodity left at a privately owned place of weighing should be done so with the knowledge and express permission of the owner of the site.(3-31-22)
04.Travel Authorization Restrictions.(3-31-22)
a.Travel authorization will not be issued to vehicles traveling under the authority of an overweight permit issued pursuant to Section 49-1004, Idaho Code.(3-31-22)
b.Travel authorization will not be issued to allow travel across a restricted structure at weights exceeding its maximum allowable weight or when such weight exceeds the maximum weight that would be permitted under Section 49-1004, Idaho Code.(3-31-22)
IDAPA 39.03.80.101 (Reserved)
39.02.80 Rules Governing Motor Carrier Financial Responsibility
IDAPA 39.02.80.000 Legal Authority
This rule is adopted under the authority of Section 49-1233(5) Idaho Code.(3-31-22)
IDAPA 39.02.80.001 Purpose
This rule establishes the amount of liability coverage to be carried by motor carriers for personal injury suffered by one (1) person while being transported in a vehicle, any additional amounts for all persons receiving personal injury, and such amount for damage to the property of any person other than the insured.(3-31-22)
IDAPA 39.02.80.002 Incorporation by Reference
The Idaho Transportation Board incorporates by reference 49 CFR 171.8, 49 CFR 172.101 and its appendix, 49 CFR .403, 49 CFR 387 and 49 CFR 387.5, published in the Code of Federal Regulations volume dated October 1, 1997.(3-31-22)
IDAPA 39.02.80.003 (Reserved)
IDAPA 39.02.80.010 Definitions
01.Common Carrier.
Any person who holds itself out to the general public to engage in the transportation by motor vehicle in commerce in the state of Idaho of passengers or property for compensation.
02.Contract Carrier. Any person who, under individual contracts or agreements, engages in the transportation by motor vehicle of passengers or property in commerce in the state of Idaho for compensation.
03.Environmental Restoration. See 49 CFR 387.5.(3-31-22)
04.Hazardous Material. See 49 CFR 171.8, 49 CFR 172.101, and 49 CFR 173.(3-31-22)
05.Injury. Harm to the body, sickness, or disease resulting from a motor carrier accident, including death from an injury.(3-31-22)
06.Interstate Carrier. Any person who owns or operates any motor vehicle in the state of Idaho or on the highways of the state of Idaho, in commerce between the States, or between the States and a foreign Nation, used or maintained for the transportation of persons or property.(3-31-22)
07.Private Carrier. Any person not included in the terms “common carrier” or “contract carrier” who or which transports in commerce in the state of Idaho by motor vehicle property of which such person is the owner, lessee, or bailee, when such property is for the purpose of sale, lease, rent or bailment, or in the furtherance of any commercial enterprise; provided, that a motor vehicle of a private carrier, not in excess of eight thousand (8,000) pounds gross vehicle weight, not engaged in the transport of a hazardous substance, is exempt.(3-31-22)
08.Property Damage. Damage to or loss of use of tangible property.(3-31-22)
IDAPA 39.02.80.011 (Reserved)
IDAPA 39.02.80.020 Insurance Requirements
01.Insurance Required. No motor carrier subject to the jurisdiction of the Department may transport property or passengers until the carrier has obtained and has in effect the minimum levels of insurance or a surety bond set forth in this rule.(3-31-22)
02.Passenger Carriers. The minimum levels of insurance or surety bond coverage (for injury, death, or property damage) in any one (1) accident for common/contract passenger carriers are:(3-31-22)
a.For any vehicle with a seating capacity of twenty-five (25) passengers or more -- five million dollars ($5,000,000);(3-31-22)
b.For any vehicle with a seating capacity of twenty-four (24) passengers or less -- one million, five hundred thousand ($1,500,000).(3-31-22)
03.Property Carriers -- Certain Risky or Perilous Cargoes. The minimum levels of insurance or surety bond coverage (for injury, death, environmental restoration, or property damage in any one accident) for common and contract property carriers are:(3-31-22)
a.Five million dollars ($5,000,000) for carriers of:(3-31-22)
i.Any quantity of Division 1.1, 1.2, or 1.3;(3-31-22)
ii.Any quantity of Division 2.3, Hazardous Zone A, or Division 6.1, Packing Group 1, Hazardous Zone A;(3-31-22)
iii.Highway route controlled quantity of Class 7 material as defined in 49 CFR 173.403;(3-31-22)
iv.Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of three thousand, five hundred (3,500) water gallons;(3-31-22)
v.Division 2.1 or 2.2 in bulk;(3-31-22)
b.One million dollars ($1,000,000) for carriers of:(3-31-22)
i.Oil listed in 49 CFR 172.101; or(3-31-22)
ii.Hazardous waste, hazardous materials or hazardous substances as defined in 49 CFR 171.8 and listed in 49 CFR 172.101 or its Appendix, but not mentioned in Subsection 020.03.a.(3-31-22)
04.Other Property Carriers. The minimum level of insurance or surety bond coverage (for injury, death or property damage in any one (1) accident) for common and contract carriers of all other property (including drive away and tow away units transported by the carrier) is seven hundred fifty thousand dollars ($750,000).
05.Private Carriers. Private carriers must maintain the insurance required by Section 49-1229, Idaho Code, except private carriers transporting certain risky or perilous cargoes described in Subsection 020.03 must carry insurance as required by that Subsection.(3-31-22)
IDAPA 39.02.80.021 Certificates of Insurance
01.Filing. Common/contract carriers and interstate carriers who participate in the base state agreement by registering in Idaho as their base state must file with or be verified by the Department certificates that the insurance or bond described by the certificate of insurance is in effect for the account of the motor carrier. (3-31-22)
02.Forms. The certificates for intrastate common/contract carriers must be either Form E, Department Form E-1, or W.C. 3091 that is completed and signed by the insurance company’s underwriting department or its authorized representative.(3-31-22)
03.Coverage. Policies of insurance and surety bonds required and filed with or verified by the Department remain in effect as described on the certificate until terminated according to Section 49-1233(3), Idaho Code. When certificates of insurance show that insurance has lapsed, the Department shall refuse to renew the carrier’s vehicle registrations or revoke the carrier’s motor vehicle registrations under the authority of Section 49- 202(10)(12), Idaho Code.(3-31-22)
IDAPA 39.02.80.022 (Reserved)
39.02.75 Rules Governing Names on Drivers' Licenses and Identification Cards
IDAPA 39.02.75.000 Legal Authority
Under the authority of Sections 49-201, 49-306, 49-315, 49-318, 49-319, and 49-2443, Idaho Code, the Department adopts the following rule.(3-31-22)
IDAPA 39.02.75.001 Purpose
This rule provides procedures and criteria for County Sherif fs and the Idaho Transportation Department to record and format names on drivers’ licenses and identification cards.(7-1-25)
IDAPA 39.02.75.002 (Reserved)
IDAPA 39.02.75.100 General Provisions
01.Punctuation Marks.
The only punctuation marks which may be used in a name are those allowed by the North American Card Design Standard.(7-1-25)
02.Full Name Requirements. If a full name has more characters than the department automated system allows, the last name and first name must be written out fully, and the middle name can be initialized. If there is a designator, it will follow the middle initial. If the name still has more characters than the department automated system allows, the first and middle names can be initialized.(7-1-25)
IDAPA 39.02.75.101 (Reserved)
IDAPA 39.02.75.200 Criteria
01.Legal Name.
The name on the certified original birth certificate will be used unless a name changes due to:(3-31-22)
a.Marriage;(3-31-22)
b.Divorce; or(3-31-22)
c.Court Order.(3-31-22)
02.Driver’s License and Identification Card Names. The name printed on the driver’s license or identification card will be maintained in the Idaho Transportation Department records in the following order: (1) Last name, (2) First name, (3) Middle name, (4) Designator. An applicant may not have a driver’s license and an identification card in different names. An applicant may add a middle name by providing a certified original copy of the applicant’s:(7-1-25)
a.Birth Certificate;(3-31-22)
b.Court Order; or(3-31-22)
c.Divorce Decree.(3-31-22)
03.Designations of Names. The designations of I, II, III, etc., will become first (1st), second (2nd), third (3rd), etc., and will appear after the middle name. The designators of JR and SR (no periods allowed) will be permitted and will appear after the middle name. The JR and SR designators will be permitted only if there is proof that the other individual exists, by way of an original certified copy of a birth certificate.(3-31-22)
04.Married Applicant’s Name.(3-31-22)
a.A married applicant is permitted to use either their birth last name or the birth last name of their spouse as the last name or as the middle name, or may hyphenate their current last name with their spouse’s last name to form the last name. In no case will any applicant have more than one (1) hyphen in their last name.(7-1-25)
b.Married applicants may choose to use different hyphenated last names.(3-31-22)
c.Married applicants who choose to have the same hyphenated last name may hyphenate their last names in any order.(3-31-22)
d.Married applicants who already have hyphenated last names may:(3-31-22)
i.Use the hyphenated name of their spouse or retain their own hyphenated name; or(3-31-22)
ii.Combine part of their own hyphenated name and part of the hyphenated name of their spouse.
(3-31-22)
e.An applicant who is established in department records with a hyphenated last name due to marriage and wants to drop the first part or the second part of the hyphenated name will provide the following:(7-1-25)
i.A certified copy of a birth certificate; and/or(3-31-22)
ii.A certified copy of a marriage certificate; and/or(3-31-22)
iii.A certified copy of a divorce decree; and/or(3-31-22)
iv.A certified copy of a death certificate.(3-31-22)
05.Divorced Applicant’s Name. A divorced applicant who wants to use their original birth last name, or a surname from a previous marriage, but does not have a divorce decree indicating the new name, is allowed to submit the following documents to the County Sheriff or the Idaho Transportation Department:(3-31-22)
a.Original certified copy of the birth certificate showing the original last name; or(3-31-22)
b.Original certified copies of the marriage certificate and the divorce decree, as evidence to change the name.(3-31-22)
06.Applicant's First Name. An applicant is not allowed to change their first name except by court order.(3-31-22)
07.Common Law Marriage. Common law marriages created prior to January 1, 1996 will, for the purposes of this rule, be treated as a valid marriage. An affidavit of agreement is required, which includes: (3-31-22)
a.The signatures of both the husband and the wife;(3-31-22)
b.The date they became married under common law; and(3-31-22)
c.Other documents verifying the marriage (subject to the approval of the Idaho Transportation Department).(3-31-22)
08.Change of Name on Record. Once a name is established in the Idaho Transportation Department records, a court order, marriage license, or divorce decree will be required to change the name and record. (3-31-22)
09.Titles or Nicknames. An applicant is not allowed to use titles or nicknames.(3-31-22)
IDAPA 39.02.75.201 (Reserved)
IDAPA 39.02.75.300 Procedures
01.Verification of Name.
First-time applicants for a driver’s license or identification card will provide the County Sheriff’s issuing office with one (1) of the following in order to verify their name:(7-1-25)
a.Original certified copy of the birth certificate;(3-31-22)
b.Court order;(3-31-22)
c.Original certified copy of the marriage license;(3-31-22)
d.Divorce decree (if applicable);(3-31-22)
e.Driver’s license from another state or country that is current or if expired, has been expired for less than five (5) years; or(3-31-22)
f.A valid, unexpired passport.(3-31-22)
02.Surrendering Driver’s License or Identification Card. Applicants for license or identification card renewals or duplicates will surrender the previous driver’s license or identification card. Name changes are allowed if the criteria in Section 200 are met.(7-1-25)
03.Document Approval by the Department. Other documents may be accepted to change a name, on approval by the Idaho Transportation Department.(3-31-22)
IDAPA 39.02.75.301 (Reserved)
39.02.43 Rules Governing Registration and Title Fee Refunds
IDAPA 39.02.43.000 Legal Authority
This rule is adopted under the authority of Sections 49-201 and 49-507, Idaho Code.(3-31-22)
IDAPA 39.02.43.001 Purpose
This rule specifies provisions for the refund of vehicl e title and registration fees.(3-31-22)
IDAPA 39.02.43.002 (Reserved)
IDAPA 39.02.43.100 Request for Refund of Title Fees
A refund will be granted if:(3 -31-22)
01.Withdrawal of Application. The applicant requests the title application be withdrawn before the county assessor has processed the application; or(3-31-22)
02.Process of Documents. The title application has been mailed directly to the Department’s Division of Motor Vehicles and the request is made before the documents are processed.(3-31-22)
IDAPA 39.02.43.101 (Reserved)
IDAPA 39.02.43.200 Request for Refund of Registration Fees
01.Refund Granted.
A refund may be granted only if:(3-31-22)
a.The applicant can show the motor vehicle was registered in error by the Department or County; and (3-31-22)
b.All plates, stickers and registration certificates are returned to the Department or County. (3-31-22)
02.Mailing and Handling Fees. The decision to refund the administrative mailing and handling fees for valid refund requests will be determined by individual counties or the Department.(3-31-22)
IDAPA 39.02.43.201 (Reserved)
39.02.76 Rules Governing Drivers License and Identification Card
IDAPA 39.02.76.000 Legal Authority
In accordance with Sections 49-201, 49-3 18, 49-319(10), and 49-2444, Idaho Code, the Idaho Transportation Board adopts the following rule to establish a process that may allow Idaho residents to renew or replace their drivers’ licenses and identification cards by mail or electronically.(3-31-22)
IDAPA 39.02.76.001 Purpose
This rule establishes standards by which driver’s licens es and identification cards may be renewed or replaced by mail or electronically.(7-1-24)
IDAPA 39.02.76.002 (Reserved)
IDAPA 39.02.76.011 Eligibility for Renewal and Replacement
01.Eligibility. Licens es or identification cards may be renewed by mail or electronically for four (4) or eight (8) years if an applicant meets the following criteria:(7-1-24)
a.The renewal expiration date does not exceed a period of sixteen (16) years from an applicant’s most recent in-person renewal.(7-1-24)
b.For driver’s licenses only, the renewal expiration date does not extend beyond an applicant’s seventieth (70 th ) birthday.(7-1-24)
02.License and Identification Card Renewal. Driver’s licenses and identification cards cannot be renewed by mail or electronically for persons who:(7-1-24)
a.Hold a hazardous materials endorsement, unless the person is able to pass a department-approved electronic version of the required knowledge test.(7-1-24)
b.Have drivers’ licenses or driving privileges which are revoked, canceled, denied, refused, or disqualified;(7-1-24)
c. Need to provide documentation proving lawful presence in the United States;(7-1-24)
d.Are not lawfully present in the United States;(3-31-22)
e.Have a driving record which has been marked for special handling;(7-1-24)
f.Already have an existing extension;(3-31-22)
g.Have been expired more than twenty-five (25) months.(7-1-24)
03.License and Identification Card Replacement. Any driver’s license or identification card may be replaced by mail or electronically as long as the credential is not expired and the status is otherwise valid.(7-1-24)
IDAPA 39.02.76.012 (Reserved)
39.03.44 Rules Governing Highway Relocation Assistance for Persons Displaced by Public Programs
IDAPA 39.03.44.000 Legal Authority
Chapters 1 and 20, Title 40, and Chapter 11, Title 58, Idaho Code.(4-6-23)
IDAPA 39.03.44.001 Scope
The purpose of this rule is to ensure that persons displaced as a result of all state, federal or federally as sisted projects are treated fairly, consistently and equitably, so that such persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public as a whole and further that displaced persons are dealt with in a manner that is efficient and cost effective.(4-6-23)
IDAPA 39.03.44.002 Incorporation by Reference
01.Regulations Incorporated. 49 CFR Part 24 Uniform Relocation Assistance and Real Property Acquisition Regulations dated March 2, 1989 and amendments thereto.(4-6-23)
02.Availability of Records. Copies of the 49 CFR Part 24 Uniform Relocation Assistance and Real Property Acquisition Regulations can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.(4-6-23)
IDAPA 39.03.44.003 (Reserved)
39.03.48 Rules Governing Routes Exempt From Local Plans and Ordinances
IDAPA 39.03.48.000 Legal Authority
The Idaho Transportation Board is authorized by Section 40 -312, Idaho Code, to prescribe and enforce rules and regulations affecting state highways; by Section 40-310, Idaho Code, to determine which highways or sections of highways shall be part of the state highway system; and by Section 67-6528, Idaho Code, to identify the major transportation systems of statewide importance which would be exempt from local plans and ordinances as adopted according to Chapter 65, Title 67, Idaho Code.(7-1-24)
IDAPA 39.03.48.001 Purpose
The purpose of this rule is to follow-up on a provision contained within Idaho’s Local Planning Act concerning the design ation of transportation systems of statewide importance which are exempt from local plans and ordinances.
The intent of this legislative provision is to prevent local control over improvements to transportation systems of statewide importance. However, it is recognized by the Idaho Transportation Board that local regulations are necessary to achieve the future location, relocation, realignment and other improvements to the state highway system in accord with the Idaho Transportation Board’s plans.(7-1-24)
IDAPA 39.03.48.002 (Reserved)
IDAPA 39.03.48.100 State Highway System Designation
The state highway system consists of those major high way transportation routes designated by the Idaho Transportation Board pursuant to Section 40-310, Idaho Code, and is hereby determined to be part of the “transportation systems of statewide importance” for the purposes of Section 67-6528, Idaho Code.(7-1-24)
IDAPA 39.03.48.101 (Reserved)
IDAPA 39.03.48.300 Existing State Highway System
The state highway system is not a permanent configuration or mileage be cause of additions or deletions over time.
The official system description is kept current in the Department’s records and is available to the public upon request.
(7-1-24)
IDAPA 39.03.48.301 (Reserved)
39.03.47 Rules Governing Certification of Local Improved Road Mileage
IDAPA 39.03.47.000 Legal Authority
This rule is adopted under authority of Sections 40-1 10(1), 40-312, and 40-709, Idaho Code.(3-31-22)
IDAPA 39.03.47.001 Scope
This rule relates to the annual certification of county and highway district improved road mileage for the apportionment of highway user revenues and sets standards to be followed in determining which roads in counties are improved roads.(3-31-22)
IDAPA 39.03.47.002 Incorporation by Reference
The Idaho Transportation Department incorporates by reference th e “Road Inventory Determination of an Improved Road.” This publication is available on the Department’s website: https://itd.idaho.gov/.(3-31-22)
IDAPA 39.03.47.003 (Reserved)
IDAPA 39.03.47.100 Determination of an Improved Road
01.Status of Improvement.
Highways laid out and marked to include four (4) or more travel lanes shall be considered as two (2) roadways and mileage for each roadway will be eligible for inclusion in the inventory dependent on Status of Improvement as provided below.(3-31-22)
02.Road Inventory Determination of an Improved Road. The “Road Inventory Determination of an Improved Road” sets forth standards for an improved road.(3-31-22)
IDAPA 39.03.47.101 (Reserved)
IDAPA 39.03.47.201 Border Line Roads
01.City Boundaries.
If city corporate boundaries follow the centerline of an approved improved roadway, one-half (1/2) the mileage for each roadway surface along the length of said city boundary shall be included in county or highway district certification.(3-31-22)
02.County or Highway District Boundaries. If county or highway district boundaries follow the centerline of an approved improved roadway, mileage will be determined by agreement of the entities or if there is no agreement, then one-half (1/2) shall be attributed to each entity.(3-31-22)
IDAPA 39.03.47.202 (Reserved)
39.02.09 Rules Governing Requirements for Manufacturer's Certificate of Origin (MCO)
IDAPA 39.02.09.000 Legal Authority
This rule is adopted under the authority of Sections 49-504 and 49-507, Idaho Code.(3-31-22)
IDAPA 39.02.09.001 Purpose
This rule outlines the requirements for a manufacturer’s certificate of origin (MCO).
All provisions of this rule also apply to any Manufacturer’s Statement of Origin (MSO).(3-31-22)
IDAPA 39.02.09.002 (Reserved)
IDAPA 39.02.09.100 Mco Requirements for Title Application
01.Title Application Endorsement.
New vehicles sold in Idaho being titled for the first time will have the title application endorsed by an Idaho-licensed, franchised new vehicle dealer.(3-31-22)
02.Manufacturer's Certificate of Origin Required. Title applications for new vehicles will be accompanied by a manufacturer’s certificate of origin.(3-31-22)
03.Out-of-State Purchases. New vehicles purchased out-of-state by Idaho residents will be accompanied by an MCO that meets the legal requirements of the state where the vehicle was purchased. (3-31-22)
IDAPA 39.02.09.101 (Reserved)
IDAPA 39.02.09.200 Certificate Contents
01.MCO Content Requirements. Each MCO accompan ying application for title will contain the following information:(3-31-22)
a.Date;(3-31-22)
b.Invoice number and document control number;(3-31-22)
c.Name of distributor or dealer;(3-31-22)
d.Issuing location - city and state;(3-31-22)
e.Manufacturer’s name and signature of authorized manufacturer’s representative;(3-31-22)
f.Manufacturer statement - “I, the undersigned authorized representative of the company, firm or corporation named below, hereby certify that the new vehicle described above is the property of the said company, firm or corporation and is transferred on the above date and under the Invoice Number indicated to the following distributor or dealer”;(3-31-22)
g.Year, make, body type, series or model;(3-31-22)
h.Vehicle identification number, approved by the American Society of Automotive Engineers;
(3-31-22)
i.Shipping weight, horsepower (SAE) and number of cylinders when applicable, Gross Vehicle Weight Rating (GVWR); and(3-31-22)
j.Certification attesting to the first transfer in ordinary trade or commerce: “It is further certified that this is the first transfer of such new vehicle in ordinary trade and commerce.”(3-31-22)
02.Additional Motor Home Requirements. If the vehicle is a motor home, the following statement will be included: “The undersigned certifies that the vehicle described hereon is a motor home, equipped with at least four (4) of the following life support systems: cooking, refrigeration or ice box, self-contained toilet, heating and/or air conditioning, a potable water supply system including a faucet and sink, separate 110-115 volt electrical power supply and/or an LP as supply, all of which meet ANSI A119.2 standards.”(3-31-22)
03.MCO Assignments and Reassignments. The reverse side of the certificate will provide for distributor/dealer assignments and reassignments.(3-31-22)
IDAPA 39.02.09.201 Certificate Design
Each MCO will be printed on safety paper meeting the following standards:(3-31-22) 01.
Security Features. At a minimum, all “Certificates of Origin” will contain the following security features:(3-31-22)
a.Background Security Design -- a repetitious design consisting of a pattern which hinders counterfeiting efforts; and(3-31-22)
b.Consecutively Numbered -- documents that contain a number which is consecutively numbered for control purposes.(3-31-22)
02.Document Size. Seven (7) inches by eight (8) inches.(3-31-22)
03.Paper Stock. Minimum twenty-eight (28) pound, number one (1) bond, smooth-surface. Paper will be of sufficient weight to preclude bleeding through or shadowing.(3-31-22)
04.Layout. Text matter space for one-tenth (1/10) inch horizontal and one-sixth (1/6) inch deep characters.(3-31-22)
IDAPA 39.02.09.202 Facility Security
To insure the integrity of the manufacturer’s “Certificates of Origi n”, the user should require the vendor to maintain secure printing and storage facilities.(3-31-22)
IDAPA 39.02.09.203 (Reserved)
IDAPA 39.02.09.300 Approval by Department
A sample copy of the proposed MCO or a complete list of printing specifications will be submitted to the Department for approval for titling purposes.(3-31-22)
IDAPA 39.02.09.301 (Reserved)
39.02.45 Rules Governing Fees for Lapsed Registration Periods
IDAPA 39.02.45.000 Legal Authority
This rule is adopted under the authority of Sections 49-201 and 49-401, Idaho Code.(3-31-22)
IDAPA 39.02.45.001 Purpose
This rule ensures an applicant for motor vehicle registration renewal will not be charged for time periods when the r egistration was allowed to lapse beyond the current registration period.(3-31-22)
IDAPA 39.02.45.002 (Reserved)
IDAPA 39.02.45.100 General Provisions
01.Expired Registration Renewal. If an applicant for motor vehicle registration renewal is renewing an expired registration, they will be assessed registration fees for the established registration period, regardless of the month they renew. Registration expired for more than one (1) year will not be assessed fees retroactively. (3-31-22)
02.Expired License Plate Renewal. The applicant’s license plate may be used for renewal under the following conditions:(3-31-22)
a.The license plate was originally issued to the applicant.(3-31-22)
b.The license plate is designed and numbered correctly.(3-31-22)
c.The license plate is in serviceable condition.(3-31-22)
IDAPA 39.02.45.101 (Reserved)
39.02.41 Rules Governing Special Provisions Applicable to Fees for Services
IDAPA 39.02.41.000 Legal Authority
This rule is adopted under the authority of Sections 49-201, Idaho Code.(3-21-22)
IDAPA 39.02.41.001 Purpose
This rule identifies the fees and conditions for providing reco rds, data for records maintained by the Department and services provided by the Department.(3-21-22)
IDAPA 39.02.41.002 (Reserved)
IDAPA 39.02.41.100 Administration
01.Paper or Imaged Records. Cop ies of supporting driver’s license, registration, or title records from paper or imaged records, based on an average of twenty-four (24) minutes to fully process these requests at the perhour rate specified in Section 49-202(2)(h), Idaho Code, and rounded to the nearest whole dollar.(3-21-22)
a.Requests for vehicle information by customer name will be charged the fee specified in Section 49- 202(2)(g), Idaho Code.(3-21-22)
02.Automated Records. A base charge for providing data, that is not otherwise publicly published, is $75 per delivery of the data.(3-21-22)
a.Any mailing, shipping or special handling costs will also be added to the charges.(3-21-22)
03.Entities Exempt From Fees. Motor vehicle and driver records will be provided free of charge to those statutorily exempt from the fees in Sections 49-202(3) and 49-426(1), Idaho Code.(3-21-22)
IDAPA 39.02.41.101 (Reserved)
IDAPA 39.02.41.200 Agreements
01.Agreements for Services.
The Department may enter into agreements to provide copies of records or data maintained by the Department. (3-21-22)
02.Inappropriate Use or Redisclosure of Department Data. Inappropriate use of data received from the Department or redisclosing data to an entity that inappropriately uses Department data, may result in cancellation of the contract. Inappropriate use includes, but is not limited to, use of data obtained from the Department to contact citizens of Idaho.(3-21-22)
IDAPA 39.02.41.201 (Reserved)
39.03.41 Rules Governing Traffic Control Devices
IDAPA 39.03.41.000 Legal Authority
The Idaho Transportation Board adopts this rule under the au thority of Section 40-312(1), Idaho Code, to meet the provisions of Sections 40-313(1) and 49-201(3), Idaho Code.(3-31-22)
IDAPA 39.03.41.001 Purpose
This rule establishes standards, guidance, options, and supp orting information for the design, construction, and implementation of traffic control devices.(7-1-25)
IDAPA 39.03.41.002 (Reserved)
IDAPA 39.03.41.004 Incorporation by Reference
The “Manual on Uniform Traffic Control Devices for Streets and Highways” is published by the Federal Highway Administration of the U.S. Department of Transportation. The 11th edition of the Manual with an effective date of January 18, 2024, is hereby incorporated by reference and made a part of the Rules of the Idaho Transportation Department. The following conforming additions to the Manual are adopted by the Idaho Transportation Board:
01.Section 1A.05, Relation to Other Documents.(7-1-25)
a.On page 3, replace paragraph 01 as follows:
02.Section 1B.02 State Adoption and Conformance. On page 4, insert the following after paragraph 03:
03.Section 1B.06 Changes to the MUTCD. On page 9, paragraph 04, replace the phrase “future for consideration in the next rulemaking” with “future rulemaking.”(7-1-25)
04.Section 1B.07 Interim Approvals. On page 11, delete paragraph 11.(7-1-25)
05.Section 1C.02 Definitions of Words and Phrases Used in this Manual. On page 17, add the following to definition 77: 01To the extent that they are incorporated by specific reference, the latest editions of the following publications shall be a part of this Manual: “Standard Highway Signs” publication, the Idaho Transportation Department Supplement to the “Standard Highway Signs” publication; and “Color Specifications for Retroreflective Sign and Pavement Marking Materials” (appendix to subpart F of Part 655 of Title 23 of the Code of Federal Regulations). 04: Photo enforcement is not used in Idaho. All signs, pavement markings, signals, and other traffic control devices pertaining exclusively to photo enforcement in this manual are not applicable in Idaho and shall not be used. 05: High-occupancy vehicle lanes are not used in Idaho. All signs, pavement markings, signals, and other traffic control devices pertaining exclusively to high-occupancy vehicle lanes in this manual are not applicable in Idaho and shall not be used. 06: Light rail transit is not used in Idaho. All signs, pavement markings, signals, and other traffic control devices pertaining exclusively to light rail transit in this manual are not applicable in Idaho and shall not be used. 07: Toll facilities and priced managed lanes are not used in Idaho. All signs, pavement markings, signals, and other traffic control devices pertaining exclusively to toll facilities and/or priced managed lanes are not applicable in Idaho and shall not be used.
06.Table 2B-1. Regulatory Sign and Plaque Sizes.(7-1-25)
a.On page 68, delete line 8.(7-1-25)
b.On page 68, line 9, delete “(Stop Here for)” from the first column and delete “,5e” from the second column.(7-1-25)
c.On page 68, line 10, delete “(Stop)” from the first column and delete “,6a” from the second column.
d.On page 68, line 11, delete “(Stop)” from the first column and delete “,6e” from the second column.
e.On page 68, line 12, delete “(Stop)” from the first column and delete “,9a” from the second column.
f.On page 68, line 16, add “,201P” after “2P.”(7-1-25)
g.On page 68, delete lines 17, 18 and 28.(7-1-25)
h.On page 72, line 7, replace “All-Terrian” with “All-Terrain.”(7-1-25)
i.On page 73, line 18, replace “R13-1” with “R13-101;” replace both instances of “72 x 54” with “108 x 48;” replace “96 x 72” with “144 x 60;” and replace “132 x 90” with “180 x 84.”(7-1-25)
j.On page 73, after the “Weight Limit” (R12-5) sign, insert a “Trailer Length Limit” sign with “R12- 501” in the Sign Designation column, “2B.64” in the Section column, and “60 x 42” in each of the Conventional Road columns.(7-1-25)
k.On page 73, to the bottom of the table, add a “Chains Required on Non-Exempt Commercial Vehicles” sign with “R16-201” in the Sign Designation column, “2B.69a” in the Section column, “132 x 72” in both Conventional Road columns and the Freeway column.(7-1-25)
07.Section 2B.10 Yield Control. On page 77, replace paragraph 02 as follows:
Where used in Idaho Code, the terms “traffic engineering study,” “traffic study,” “engineering and traffic investigation,” “engineering or traffic investigation,” and “engineering and traffic study” shall mean the same as “engineering study.” 02Yield control should be considered when engineering judgment indicates that all of the following conditions exist:
A. Intersection sight distance is adequate on the approaches to be controlled by YIELD signs.
B. All approaches to the intersection are a single lane and there are no separate turn lanes.
C. One of the following crash-related criteria applies:
-
For changing from no intersection control to yield control, there have been two or more reported crashes in the previous 12 months that are susceptible to correction by the installation of a YIELD sign.
-
For changing from minor road stop control to yield control, there have been two or fewer reported crashes in the previous 12 months.
08.Section 2B.19. Yield Here To Pedestrians Signs and Stop Here For Pedestrian Signs (R1-5 Series). On page 81 replace the Section with the following:
D. The combined motor vehicle, bicycle, and pedestrian volume entering the intersection averages less than 1,800 units per day or 140 units in the peak hour.
E. The angle of intersection is between 90 and 75 degrees.
F. The functional classification of the intersecting streets is either the intersection of two local streets or the intersection of a local street with a collector street.
Section 2B.19 Yield Here To Pedestrians Signs (R1-5 Series) 01The R1-5 series signs are intended to mitigate the scenario that can place pedestrians at risk by blocking other drivers’ view of pedestrians and by blocking the pedestrians’ view of the vehicles approaching in the adjacent lanes. 02State law requires drivers to yield to a pedestrian in an uncontrolled crosswalk. 03Yield Here To Pedestrians (R1-5, R1-5a, and R1-5d) signs (see Figures 2B-2 and 7B-1) shall be used if yield lines are used in advance of a marked crosswalk that crosses an uncontrolled multi-lane approach. The legend Stop Here For Pedestrians shall not be used. The legend STATE LAW shall not be displayed on the R1- 5 series signs. 04If yield lines and Yield Here To Pedestrian signs are used in advance of a crosswalk that crosses an uncontrolled multi-lane approach, they should be placed 20 to 50 feet in advance of the nearest crosswalk line (see Section 3B.19 and Figure 3B-16). 05When used with a School Crossing assembly within school zones (see Part 7), the R1-5a sign shall be used in place of the R1-5 sign in accordance with Paragraph 03 of this Section. 06When used with a Trail Crossing assembly (see Section 2C.54), the R1-5d sign shall be used in place of the R1-5 sign in accordance with Paragraph 03 of this Section. 07When Yield Here to Pedestrians signs are provided in advance of a crosswalk across a multi-lane approach, parking should be prohibited in the area between the yield line and the crosswalk. 08Yield lines and Yield Here To Pedestrian signs should not be used in advance of crosswalks that cross an approach to or departure from a roundabout. 09Yield Here To Pedestrian signs may be used in accordance with Paragraphs 03 through 05 of this Section even if yield lines are not used. 10A Pedestrian Crossing (W11-2) warning sign may be placed overhead or may be post-mounted with a diagonal downward pointing arrow (W16-7P) plaque at the crosswalk location where Yield Here To Pedestrian signs have been installed in advance of the crosswalk. 11If a W11-2 sign has been post-mounted at the crosswalk location where a Yield Here To Pedestrians sign is used on the approach, the Yield Here To Pedestrian sign shall not be placed on the same post as or block the road user’s view of the W11-2 sign.
09.Section 2B.20, In-Street and Overhead Pedestrian and Trail Crossing Signs (R1-6 and R1-9 Series).(7-1-25)
a.On page 81 replace paragraph 01 as follows:
b.On page 83, replace paragraph 03 as follows:
c.On page 83, add paragraph 06a as follows:
10.Figure 2B-2. Unsignalized Pedestrian Crosswalk Signs. On page 82, delete signs R1-5b, R1-5e, R1-6a, R1-6e, R1-9a, and R1-9e.(7-1-25)
11.Section 2B.21 Speed Limit Sign (R2-1). On page 85, paragraph 18, replace the phrase “Traffic Control Device Handbook” with “ITE Traffic Control Device Handbook – 2nd Edition, 2013.”(7-1-25)
12.Figure 2B-3. Speed Limit Signs and Plaques. On page 86, delete signs R2-2aP, R2-2bP, R2-2cP, R2-6aP, and R2-10 and add the following sign: 12An advance Pedestrian Crossing (W11-2) warning sign with an AHEAD or a distance supplemental plaque may be used in conjunction with a Yield Here To Pedestrians sign on the approach to the same crosswalk. 13In-Street Pedestrian Crossing signs and Yield Here To Pedestrian signs may be used together at the same crosswalk. 01The In-Street Pedestrian Crossing (R1-6) sign (see Figure 2B-2), In-Street Trail Crossing (R1-6d) sign (see Figure 2B-2), the Overhead Pedestrian Crossing (R1-9) sign (see Figure 2B-2), or the Overhead Trail Crossing (R1- 9d) sign (see Figure 2B-2) may be used to remind road users of laws regarding right-of-way at an unsignalized pedestrian crosswalk. The legend STATE LAW may be displayed at the top of the R1-6 and R1-9 signs. On the R1-6 sign, the legend YIELD may be used instead of the appropriate YIELD sign symbol. 03The STOP FOR PEDESTRIANS legend shall not be used on In-Street Pedestrian Crossing signs or Overhead Pedestrian Crossing signs. 06aState law requires drivers to yield to a pedestrian in an uncontrolled crosswalk.
Section 2B.19 Yield Here To Pedestrians Signs (R1-5 Series)
R2-201P
13.Section 2B.22 Vehicle Speed Limit Plaques (R2-2P Series). On page 87:(7-1-25)
a.Replace paragraph 01 with the following:
b.Replace paragraph 03 with the following:
14.Section 2B.25 Higher Fines Signs and Plaque (R2-6P, R2-10, and R2-11). On pages 87-88, replace the section with the following: 01Where a special speed limit applies to trucks, the Truck Speed Limit (R2-2P) plaque shall be displayed below the Speed Limit (R2-1) sign, except as provided in Paragraph 2 of this Section. 03A 5 AXLES OR MORE OVER 13 TONS (R2-201P) plaque (see Figure 2B-3) may be used beneath the Truck Speed Limit Plaque (R2-2P) to reiterate the statutory definition of trucks.
Section 2B.25 Higher Fines Sign and Plaque (R2-6P and R2-11) 01Except as provided in Paragraph 3 of this Section, if increased fines are imposed for traffic violations within a designated zone of a roadway, a FINES HIGHER (R2-6P) plaque (see Figure 2B-3) shall be used to provide notice to road users. 02If an R2-6P plaque is posted to provide notice of increased fines for traffic violations, an END HIGHER FINES ZONE (R2-11) sign (see Figure 2B-3) shall be installed at the downstream end of the zone to provide notice to road users of the termination of the increased fines zone. 03The FINES HIGHER plaque should be located at the beginning of the temporary traffic control zone and just beyond any interchanges, major intersections, or other major traffic generators.
15.Road Closed, Weight Limit, and Trailer Length Limit Signs. On page 136, change the heading at the top of the page to “ROAD CLOSED, WEIGHT LIMIT AND TRAILER LENGTH LIMIT SIGNS.”
16.Figure 2B-30. Road Closed and Weight Limit Signs. On page 136, change the figure title to “Figure 2B-30. Road Closed, Weight Limit and Trailer Length Limit Signs” and add the following sign:
R12-501
17.Section 2B.64 Weight Limit Signs (R12-1 through R12-7). On page 137, change the section title to “Section 2B.64 Weight Limit and Trailer Length Limit Signs (R12-1 through R12-7 and R12-501)” and add paragraph 07a as follows: 04The Higher Fines signs and plaque shall have a black legend and border on a white rectangular background. All supplemental plaques mounted below the Higher Fines signs and plaque shall have a black legend and border on a white rectangular background. 05The FINES HIGHER plaque shall be mounted below an applicable regulatory or warning sign in a temporary traffic control zone (see Section 6G.08), a school zone (see Section 7B.06), or other applicable designated zone. 06The legend FINES HIGHER on the R2-6P plaque may be replaced by $XX FINE (R2-6bP), or another legend appropriate to the specific regulation (see Figure 2B-3). 07The following, listed in order of preference, may be mounted below an R2-6P plaque:
A. A WHEN FLASHING (S4-4P) plaque (see Figure 7B-1) if used in conjunction with a Speed Limit Sign Beacon (see Section 4S.04), or B. A TIME OF DAY (S4-1P) plaque (see Figure 7B-1) specifying the times that the higher fines are in effect, if supplemented by an S4-6P plaque indicating the days of the week the higher fines are in effect, or C. A WHEN CHILDREN ARE PRESENT (S4-2P) plaque (see Figure 7B-1), if supplemented by an S4-6P plaque indicating the days of the week the speed limit is in effect.
Section 2B.25 Higher Fines Sign and Plaque (R2-6P and R2-11)
18.Section 2B.65 Weigh Station Sign (R13-1). On page 138, change the sign designation in the section title to “R13-101” and replace paragraphs 01 and 02 with the following:
19.Figure 2B-31. Truck Signs. On page 139, replace the R13-1 sign with the following:
R13-101
20.Succeeding Section 2B.69. On page 140, after Section 2B.69, add a new section as follows: 07aA TRAILER LENGTH LIMIT (R12-501) sign (see Figure 2B-30) may be used in advance of highways with length restrictions. 01An R13-101 sign with the legend COMMERCIAL – FARM TRUCKS OVER 13 TONS HAZMAT OVER 5 TONS NEXT RIGHT (LEFT) (see Figure 2B-31) should be used to direct appropriate traffic into an inspection station. 02The R13-101 sign should be supplemented by the D8 series of guide signs (see Section 2D.51).
Section 2B.69a, CHAINS REQUIRED ON NON-EXEMPT COMMERCIAL VEHICLES (R16-201) sign 01When required by state law, CHAINS REQUIRED ON NON-EXEMPT COMMERCIAL VEHICLES (R16-201) signs (see Figure 2B-34) shall be installed. Two or more CHAINS REQUIRED ON NON-EXEMPT COMMERCIAL VEHICLES signs shall be installed in advance of an area that has been provided for drivers to pull off of the highway to install chains on their tires (see Section 2I.07).
Figure 2B-32. Chains Required On Non-Exempt Commercial Vehicles Sign R16-201 02Commercial vehicles required to use chains include: •Vehicles with a combined weight in excess of 26,000 pounds including a trailer with a rating of more than 10,000 pounds •Vehicles with weight in excess of 26,000 pounds 03Commercial vehicles exempt from chain requirements include: •Idaho Transportation Department vehicles used in the maintenance of the highway •School busses or other vehicles used to transport school children and teachers •Vehicles used by farmers to transport agricultural products, supplies, or farm equipment •Mail carrier vehicles •Motor carriers transporting forest products or chips •Motor carriers transporting mining products including sand, gravel, and aggregates, but not petroleum products •Tow trucks 04The CHAINS REQUIRED ON NON-EXEMPT COMMERCIAL VEHICLES signs shall be removed or covered when the condition no longer applies. 05The CHAINS REQUIRED ON NON-EXEMPT COMMERCIAL VEHICLES sign shall have a black legend and border on a white background. 06The legend STATE LAW may be displayed at the top of the CHAINS REQUIRED ON NON-EXEMPT COMMERCIAL VEHICLES sign. 07If used, the legend STATE LAW shall be black with a black border on a yellow background.
Section 2B.69a, CHAINS REQUIRED ON NON-EXEMPT COMMERCIAL VEHICLES (R16-201) sign
21.Table 2C-1. Warning Sign and Plaque Sizes.(7-1-25)
a.On page 149, after the “Bridge Ices Before Road” (W8-13) sign, insert a “Chains Recommended When Icy” sign with “W8-1301” in the Sign Designation column, “2C.30” in the Section column, “30 x 30” in the Conventional Road Single Lane column, “36 x 36” in the Conventional Road Multi-Lane column, and “48 x 48” in the Expressway and Freeway columns.(7-1-25)
b.On page 150, after the “Ahead (plaque)” (W16-9P) plaque, insert an “Open Range” plaque with “W16-901P” in the Sign Designation column, “2C.57” in the Section column, and “30 x 24” in all road type columns.
22.Figure 2C-2. Examples of Warning Signs for Changes in Horizontal Alignment (Sheet 1 of 2).
On page 156:(7-1-25)
a.Replace the “30 MPH” legends for signs W13-1P and W13-1aP with “35 MPH.”(7-1-25)
b.Replace “30-mph” in Note 4 with “35-mph.”(7-1-25)
23.Section 2C.12 Advisory Exit and Ramp Speed Signs (W13-2 and W13-3) and Combination Horizontal Alignment/Advisory Exit and Ramp Speed Signs (W13-6 through W13-13). On page 160, add the word “Speed” after the words “Alignment/Advisory Exit” in the second sentence of paragraph 09.(7-1-25)
24.Section 2C.57 Use of Supplemental Warning Plaques. On page 195, add the following after paragraph 03:
25.Figure 2C-16. Supplemental Warning Plaques. On page 195, add the following sign:
26.Section 2D.03 Size of Signs. On page 206, add “The dimensions of signs on extruded aluminum substrate may be increased to the nearest increment of 12 inches.” to the end of paragraph 03.(7-1-25)
27.Table 2D-1. Conventional Road Guide Sign and Plaque Sizes. On page 208, add a Slow Vehicle Turn Out sign with “D17-701” in the Sign Designation column, “2D.54” in the Section column, “72 x 36” in the 04The OPEN RANGE (W16-901P) plaque (see Figure 2C-16) may be used with the Cattle (W11-4) or Sheep (W11-17) Non-Vehicular Warning signs. 05Open range is defined as “all unenclosed lands outside of cities, villages and herd districts, upon which by custom, license, lease, or permit are grazed or permitted to roam.” 06Use of the OPEN RANGE plaque should be limited to areas defined in paragraph 05 of this section.
Conventional Road column, and “96 x 60” in the Oversized column to the bottom of the table.(7-1-25)
28.Table 2D-2. Recommended Minimum Letter and Numeral Sizes for Conventional Road Guide Signs According to Speed* (Sheet 2 of 2) B - Overhead-Mounted Signs. On page 211, replace the text “Interstate, U.S., State, or Off-Interstate Business Route Signs” with the text “Interstate or Off-Interstate.”(7-1-25)
29.Figure 2D-2. Examples of Uses of Abbreviations on Guide Signs. On page 212, change the sentence that reads ““South” is a cardinal direction and may be abbreviated.” to ““South” is a pre-directional designation and may be abbreviated.”(7-1-25)
30.Section 2D.08 Arrows. On page 215, replace the reference to “Section 2D.41” in paragraph 25 with “Section 2E.41.”(7-1-25)
31.Section 2D.25 Temporary Detour Signs and Auxiliary Plaques. On page 221, replace paragraph 01 with the following:
32.Section 2D.51 WEIGH STATION Signing (D8 Series). On page 261:(7-1-25)
a.Replace the “D8-1” sign references in paragraph 07 with the words “D8-1 Series.”(7-1-25)
b.Replace paragraph 05 with the following:
33.Figure 2D-23. Example of Weigh Station Signing – Conventional Road. On page 262, replace the R13-1 sign with an R13-101 sign and delete the double asterisk and associated note.(7-1-25)
34.Section 2D.54 Emergency and Slow Vehicle Turn-Out Signs (D17-5 through D17-7). On page 266, add a new paragraph 02a as follows:
35.Figure 2D-28. Emergency and Slow Vehicle Turn-Out Signs. On page 266, add the following sign: 01Chapters 6H and 6I contain information regarding Temporary Detour signs and auxiliary plaques. 05A Weigh Station (R13-101) regulatory sign (see Section 2B.65) may be located following the Advance Weigh Station Ahead sign (see Figure 2D-23). 02aIn addition to the SLOW VEHICLE TURN-OUT (D17-7) sign, a SLOW VEHICLE TURN-OUT (D17- 701) sign with a directional arrow (see Figure 2D-28) may be used immediately before the turn-out.
36.Section 2E.12 Size of Signs and Letters. On page 293, add “The dimensions of signs on extruded aluminum substrate may be increased to the nearest increment of 12 inches.” to the end of paragraph 03.(7-1-25)
37.Section 2E.54 Weigh Station Signing. On page 370, replace paragraph 05 with the following:
38.Figure 2E-59. Example of Weigh Station Signing on Freeways. On page 372, replace the R13-1 sign with an R13-101 sign and delete the associated note.(7-1-25)
39.Section 2I.03 General Service Signs for Freeways and Expressways. On page 482, remove the bold font from paragraph 26 to indicate an Option statement.(7-1-25)
40.Section 2M.10, Memorial or Dedication Signing. On page 339, replace the section with the following:
41.Section 3B.01 Yellow Center Line Pavement Markings. On page 540:(7-1-25)
a.Change the word “Guidance” between paragraphs 06 and 07 to “Support.”(7-1-25)
b.Remove the italics from paragraph 07 to indicate a Support statement.(7-1-25)
c.Insert the header “Guidance” between paragraphs 07 and 08.(7-1-25) 05A Weigh Station (R13-101) regulatory sign (see Section 2B.65) may be added to the sign sequence as shown in Figure 2E-59. 01State law identifies the following as memorial highways or bridges in Idaho: •Bennett Bay Bridge on I-90 as the “Veterans Memorial Centennial Bridge.” •US-93 bridge over the Snake River as the “I.B. Perrine Bridge.” •US-95 between Midvale and Cambridge as the “Stu Dopf Memorial Highway.” •I-90 as the Purple Heart Trail •SH-3 as the “North Idaho Medal of Honor Highway.” •I-84 as the “Vietnam Veterans Memorial Highway.” •US-20 as the “Idaho Medal of Honor Highway.” •US-26 as the “POW/MIA Memorial Highway.” •SH-6 between US-95 and the western city limits of the city of Potlatch as the “Bobby Chambers Memorial Highway.”
42.Section 3B.05 Pavement Markings for Two-Way Left-Turn Lanes. On page 546, change paragraph 06 to read: “Two-way left-turn lane markings should not extend to intersections (see definition in Section 1C.02) controlled by a highway traffic signal.”(7-1-25)
43.Section 3B.17 Raised Pavement Markers Substituting for Pavement Markings. On page 572, change “Section 6J.02” in paragraph 04 to “Section 6J.03.”(7-1-25)
44.Figure 4C-7. Warrant 4, Pedestrian Four-Hour Volume (70% Factor). On page 659, change the subheading below the figure title to “(COMMUNITY LESS THAN 10,000 POPULATION OR ABOVE 35 MPH ON MAJOR STREET).”(7-1-25)
45.Figure 4C-8. Warrant 4, Pedestrian Peak Hour (70% Factor). On page 659, change the subheading below the figure title to “(COMMUNITY LESS THAN 10,000 POPULATION OR ABOVE 35 MPH ON MAJOR STREET).”(7-1-25)
46.Section 4F.02 Signal Indications for Left-Turn Movements – General. On page 684, delete paragraph 09.(7-1-25)
47.Section 4F.09 Signal Indications for Right-Turn Movements – General. On page 693, delete paragraph 07.(7-1-25)
48.Section 4F.16 Signal Indications for Approaches with No Through Movement. On page 707, delete item B of paragraph 11.(7-1-25)
49.Section 4J.02 Design of Pedestrian Hybrid Beacons. On page 729, remove the word “STEADY” from paragraph 08.(7-1-25)
50.Section 4U.02 In-Roadway Warning Lights at Crosswalks. On page 757, insert paragraph number 02a at the beginning of the line following paragraph 02.(7-1-25)
51.Figure 6G-1. Regulatory Signs and Plaques in Temporary Traffic Control Zones.(7-1-25)
a.On page 794, delete plaque R2-6aP and signs R2-10 and R2-12.
b.On page 795, add the following sign:
R12-501
52.Section 6G.06 Weight Limit Signs (R12-1, R12-2, and R12-5). On page 795, change the section title to “Section 6G.06 Weight Limit and Trailer Length Limit Signs (R12-1, R12-2, R12-5, and R12-501)” and add the following after paragraph 02:
53.Section 6G.08, Work Zone and Higher Fines Signs and Plaques. On pages 795 and 797, replace the section with the following:
54.Table 6G-1. Temporary Traffic Control Zone Regulatory Sign and Plaque Sizes. On page 796, delete lines 10, 12 and 14 of the table and, after the R12-5 sign, insert a “Trailer Length Limit” sign with “R12-501” in the Sign Designation column, “6G.06” in the Section column, and “36 x 48” in both Conventional Road columns.
55.Section 6H.12 EXIT OPEN and EXIT CLOSED Signs (E5-2 and E5-2a). On page 806, replace “see Figure 6H-1” with “see Figure 6I-1” in paragraph 01.(7-1-25)
56.Section 6H.13 EXIT ONLY Sign (E5-3). On page 806, replace “see Figure 6H-1” with “see Figure 6I-1” in paragraph 01.(7-1-25)
57.Section 6I.01 Guide Signs – General. On page 811, insert the word “Standard” between paragraphs 06 and 07, and make the text for paragraph 07 bold to indicate a Standard statement.(7-1-25)
58.Section 6L.05 Portable Changeable Message Signs. On pages 830-831:(7-1-25)
a.In the second sentence of paragraph 01, insert the word “permanent” between the words “for” and “changeable.”(7-1-25)
b.Insert a new paragraph 12a as follows: 03A TRAILER LENGTH LIMIT (R12-501) sign (see Figure 6G-1) may be used in advance of highways with length restrictions. 01Where increased fines are imposed for exceeding a reduced speed limit, a FINES HIGHER (R2-6P) plaque (see Figure 6G-1) shall be installed as a supplement to a Speed Limit (R2-1) sign to identify the beginning point of the higher fines zone. 02Law enforcement can assess higher fines if signs indicate the TTC zone, the reduced speed limit, and notice of the enhanced penalty for exceeding the reduced speed limit. 03If a FINES HIGHER plaque is used with a Speed Limit sign, an END HIGHER FINES ZONE (R2-11) sign (see Figure 6F-3) should be installed at the downstream end of the zone to notify road users of the termination of the increased fines zone. 04A WORK ZONE (G20-5aP) plaque (see Figure 6G-1) may be installed above a Speed Limit sign to emphasize the speed limit in a TTC zone. 05Individual signs and plaques for TTC zone speed limits and higher fines may be combined into a single sign or may be displayed as an assembly of signs and plaques. 12aA portable changeable message sign combined with radar detection may be used to convey the speeds of approaching drivers as a message.
59.Section 6M.02 Positive Protection and Temporary Traffic Barriers. On page 837, delete the words “Long-term stationary” in Item B of paragraph 03 and capitalize the word “Work.”(7-1-25)
60.Section 6N.04 Work Affecting Pedestrian and Bicycle Facilities. On page 843, change the first sentence of paragraph 06 to read “Except for short-term and mobile operations, when a highway shoulder is occupied, a SHOULDER WORK (W21-5) sign should be placed in advance of the activity area.”(7-1-25)
61.Section 6N.19 Late Merge. On page 852, replace “R9-4a” with “R4-9a” in paragraph 03. (7-1-25)
62.Figure 6N-1. Late Merge. On page 853, replace “R9-4a” with “R4-9a.”(7-1-25)
63.Figure 6P-5. Shoulder Closure on a Freeway (TA-5). On page 869:(7-1-25)
a.Change the “C” dimension to “A” and the “A” dimension to “C.”(7-1-25)
b.Replace “W16-2P” with “W16-2aP.”(7-1-25)
64.Notes for Figure 6P-27-Typical Application 27 Closure at the Side of an Intersection. On page 912, replace item 9 with the following:
65.Notes for Figure 6P-39—Typical Application 39 Median Crossover on a Freeway. On page 936, delete the last “Option” statement.(7-1-25)
66.Table 7B-1. School Area Sign and Plaque Sizes. On page 971, delete references to R1-6a, R1-6c, andR1-9c;, delete lines 7, 12 and 13 of the “Sign” part of the table; and delete line 8 of the “Plaque” part of the table.
67.Figure 7B-1. Signs in School Areas and at School Crossings. On page 973, delete signs S5-3, R2-10, R2-11, and the R2-6aP plaque; on page 974, delete signs R1-5c, R1-6a, R1-6c, and R1-9c.(7-1-25)
68.Figure 7B-2. Example of Signing for a School Zone with a School Speed Limit and a School Crossing. On page 975, delete the two sign assemblies that include the S5-3 sign.(7-1-25)
69.Section 7B.03 School Crossing Signs. On pages 976 and 978:(7-1-25)
a.In paragraph 11, delete “(Stop Here For),” delete the reference to the R1-5c sign, and change “Figure 7B-4” to “Figure 7B-1.”(7-1-25)
b.In paragraphs 12, 13, and 16, delete the references to R1-6a and R1-6c signs.(7-1-25)
c.In paragraph 14, delete the reference to the R1-9c sign, and replace “R1 series signs” in the last sentence with “R1-9b sign.”(7-1-25)
d.In paragraph 17, delete the reference to the R1-6a sign.(7-1-25)
70.Section 7B.05 School Speed Limit Signs and Plaques.(7-1-25)
a.On page 978, insert a new Option statement between paragraphs 02 and 03 as follows: 9.Turns can be prohibited as required by vehicular traffic conditions, such as where the streets are so narrow that it might be physically impossible to make certain turns, especially for large vehicles.
b.On page 978, insert the word “Standard:” between paragraph 02a and paragraph 03.(7-1-25)
c.On page 978, replace paragraphs 03 and 04 with the following:
d.On page 980, replace paragraph 07 with the following:
71.Figure 7B-4. Example of Signing for a School Zone with a School Speed Limit and Higher Fines Only for Speeding. On page 979, delete the two (2) sign assemblies that include the S5-3 sign and delete the R2-6aP plaques.(7-1-25)
72.Section 7B.06 Higher Fines Zone Signs and Plaques in School Areas. On pages 980 and 983:
a.Delete paragraphs 02, 04, and 05.(7-1-25)
b.Replace paragraph 03 with the following:
c.Replace paragraph 06 with the following: 02aAt locations where there is no school zone speed limit reduction, a School Speed Limit Assembly (see Figure 7B-1) with a HIGHER FINES (R2-6P) or $XX FINE (R2-6bP) plaque (see Section 7B.06) may be added following the School (S1-1) sign to remind road users of the posted speed limit and associated increased penalty. 03The downstream end of an authorized school zone shall be identified with an END SCHOOL ZONE (S5-2) sign (see Figures 7B-1, 7B-2, and 7B-4). 04A standard Speed Limit (R2-1) sign showing the speed limit for the section of highway that is downstream from the authorized school zone may be mounted on the same post above the End School Zone (S5-2) sign. 07The static School Speed Limit assembly shall consist of a top plaque (S4-3P) with the legend SCHOOL, a Speed Limit (R2-1) sign, and a bottom plaque (S4-1P, S4-2P, or S4-4P) indicating the specific periods of the day that the special school speed limit is in effect (see Figure 7B-1). When the S4-1P or S4-2P plaque is used, it shall be supplemented by the S4-6P plaque indicating the days of the week that the special school speed limit is in effect. 03A FINES HIGHER (R2-6P) or $XX FINE (R2-6bP) plaque shall be posted with either the School Speed Limit (S5-1) sign or School Speed Limit Assembly and shall not be posted beneath the School Zone (S1-1) sign (see Section 7B.05).
d.Delete paragraphs 07-09.(7-1-25)
73.Figure 7B-5. Example of Signing for a School Zone with Higher Fines for All Traffic Violations. On pages 981 and 982, delete this figure.(7-1-25)
74.Section 9A.01 General. On page 1047, insert the following two paragraphs between paragraphs 03 and 04:
75.Section 9B.01 STOP and YIELD Signs (R1-1, R1-2). On page 1052, change paragraph 01 to read “STOP (R1-1) signs (see Figure 9B-1) shall be installed on bicycle facilities at points where bicyclists are required to slow down and stop, if required for safety, before proceeding.”(7-1-25)
76.Section 9C.04 Bicycle Warning and Trail Crossing Signs (W11-1 and W11-15). On page 1067, change the word “should” in paragraph 04 to “may.”(7-1-25)
77.Section 9D.08 Bicycle Route Sign and Auxiliary Plaques. On page 1078, insert the header “Support” between paragraphs 12 and 13.(7-1-25)
78.Section 9D.13 Two-Stage Bicycle Turn Box Guide Signs (D11-20 Series). On page 1084, insert the header “Support” between paragraphs 08 and 09.(7-1-25)
IDAPA 39.03.41.005 Availability of the “manual on Uniform Traffic Control Devices for
STREETS AND HIGHWAYS AND OTHER REFERENCED DOCUMENTS.”
01.Review of Documents.
The Manual with an effective date of January 18, 2024, may be viewed and printed from the Federal Highway Administration website at http://mutcd.fhwa.dot.gov. Other referenced documents may be reviewed at the Idaho Transportation Department central office or district offices. Office locations can be found at https://itd.idaho.gov.(7-1-25)
- -- 999.(RESERVED) 06Where appropriate, one of the followi ng plaques, listed in order of preference, may be mounted below the sign that identifies the beginning point of the higher fines zone:
A. A WHEN FLASHING (S4-4P) plaque (see Figure 7B-1) if used in conjunction with a yellow flashing beacon, or B. A TIME OF DAY (S4-1P) plaque (see Figure 7B-1) specifying the times that the higher fines are in effect, if supplemented by an S4-6P plaque indicating the days of the week the higher fines are in effect, or C. A WHEN CHILDREN ARE PRESENT (S4-2P) plaque (see Figure 7B-1), if supplemented by an S4-6P plaque indicating the days of the week the school speed limit is in effect. 03aState law allows a person operating a bicycle, human-powered vehicle, or electric-assisted bicycle approaching a STOP sign to slow down and, if required for safety, stop before entering the intersection, and after yielding the right of way to all other traffic, to cautiously make a turn or proceed through the intersection without stopping. (See Section 2B.06) 03bState law allows a person operating a bicycle or human-powered vehicle approaching a steady red signal indication to stop before entering the intersection; and, after yielding the right of way to all other traffic, to enter the intersection to make a turn or proceed straight ahead. (see Section 4A.03)
39.03.60 Rules Governing Outdoor Advertising, Accident Memorials, and Other Official Signs
IDAPA 39.03.60.000 Legal Authority
The Idaho Transportation Board adopts this rule under the authority of Section 40-312, Idaho Code.(3-31-22)
IDAPA 39.03.60.001 Purpose
This rule contains guidelines for the control of outdoor adverti sing signs, structures or displays along the interstate, primary system of highways, and National Highway System roads of the state of Idaho pursuant to Chapters 1, 3, and 19, Title 40, Idaho Code.(7-1-25)
IDAPA 39.03.60.002 (Reserved)
IDAPA 39.03.60.010 Definitions
01.Advertising Structure(s) or Sign(s), or Advertising Display(s). Any outdoor structure, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended, or used to advertise or inform.(7-1-25)
02.Bypassed Community Signs. A form of community official sign erected when a city has been bypassed, but remains within five (5) miles of an interstate highway or primary freeway. Such communities have the right to erect and maintain, at city expense, a billboard displaying the name of the city at a location not to exceed one (1) mile from an interchange primarily serving that city.(3-31-22)
03.Commercial or Industrial Activities. Those activities generally recognized as commercial or industrial by zoning authorities in this State, except that none of the following activities are considered commercial or industrial:(3-31-22)
a.Agricultural, forestry, grazing, farming, and related activities, including but not limited to, wayside fresh produce stands.(3-31-22)
b.Transient or temporary activities.(3-31-22)
c.Activities not visible from the main traveled way.(3-31-22)
d.Activities conducted in a building principally used as a residence.(3-31-22)
e.Railroad tracks and minor sidings.(3-31-22)
f.Outdoor advertising displays.(3-31-22)
04.Commercial or Industrial Zones. The provisions of Section 40-1911, Idaho Code, do not apply to those segments of the interstate and primary system of highways which traverse and abut on commercial, business, or industrial zones within the boundaries of incorporated municipalities, wherein the use of real property adjacent to and abutting on the interstate and primary system of highways is subject to municipal or county regulation or control, or which traverse and abut on other areas where the land use is clearly established by State law or county zoning regulation, as industrial, business, or commercial, or which are located within areas adjacent to the interstate and primary system of highways which are in unzoned commercial or industrial areas as determined by the Department from actual land uses; provided, however, that the Department will determine the size, lighting, and spacing of signs in such zoned and unzoned industrial, business, or commercial areas. For the purpose of this rule, areas abutting interstate and primary highways of this State which are zoned commercial or industrial by counties and municipalities are be valid as commercial or industrial zones only as to the portions actually used for commerce or industrial purposes and the land along the highway in urban areas for a distance of six hundred (600) feet immediately abutting to the area of the use, and does not include areas so zoned in anticipation of such uses at some uncertain future date nor does it include areas so zoned for the primary purpose of allowing advertising structures.(3-31-22)
05.Community Official Signs. Signs approved by a city, erected within its territorial or zoning jurisdiction and maintained wholly at city expense. These signs will display only the name of the city and driver directio nal information. Specific advertising is not allowed.(3-31-22)
06.Customary Maintenance. Repainting the structure, trim, or sign face, changing poster paper, replacing existing electrical components after failure and replacing damaged structural parts. It does not include the installation of a new sign face nor the initial installation of lighting. Substantial replacement begins when repair and other costs exceed fifty percent (50%) of the sign’s reproduction cost.(3-31-22)
07.Directional Signs. Signs containing directional information about public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.(3-31-22)
08.Erect. To construct, build, raise, assemble, place, affix, create, paint, draw, or in any other way bring into being or establish, but does not include any of the foregoing activities when performed incident to the change of an advertising message or customary maintenance of a sign.(3-31-22)
09.Freeway. A divided highway with four (4) or more lanes for through traffic and full control of access.(3-31-22)
10.Grandfather Sign. One which was lawfully in existence in a zoned or unzoned commercial or industrial area on the effective date of the State law and which may remain even though it may not comply with the size, lighting, or spacing criteria within this rule. This clause only allows an individual sign at its particular location for the duration of its normal life subject to customary maintenance.(3-31-22)
11.Illegal Sign. One which was erected and/or maintained in violation of State law.(3-31-22)
12.Main Traveled Way. The portion of a roadway for the movement of vehicles, exclusive of shoulders.(3-31-22)
13.Multiple Message Sign (MMS). A sign, display, or device that changes the message or image on the sign electronically by movement or rotation of panels or slats, or electronic billboards that have a programmable display of variable text or symbolic imagery.(3-31-22)
14.Nonconforming Sign. One which was lawfully erected, but does not comply with the provisions of State law or State regulation passed at a later date or which later fails to comply with State law or State regulation due to changed conditions. Illegally erected and/or maintained signs are not nonconforming signs. All signs located within an unzoned area are nonconforming if the commercial or industrial activity used in defining the area ceases for a continuous period of six (6) months.(3-31-22)
15.Official Signs and Notices. Signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state, or local law for the purposes of carrying out an official duty or responsibility.
Historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies may be considered official signs.(3-31-22)
16.Parkland. Any publicly owned land which is designated or used as a public park, recreation area, wildlife or water fowl refuge or historical site.(3-31-22)
17.Permit. A written approval by the department covering location, size, lighting, spacing, number and m essage content requirements of permissible directional signs.(3-31-22)
18.Public Service Signs. Signs located on school bus or other bus stop bench or shelter, which:
a.Identify the donor, sponsor, or contributor of said shelters;(3-31-22)
b.Contain public service messages, which will occupy not less than fifty percent (50%) of the area of the sign;(7-1-25)
c.Contain no other message;(3-31-22)
d.Are located on school bus or other bench or shelter authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city, county, or state agency controlling the highway involved; and(3-31-22)
e.May not exceed thirty-two (32) square feet in area. Not more than one (1) sign on each bench or shelter will face in any one (1) direction.(7-1-25)
19.Public Utility Signs. Warning signs, informational signs, notices, or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations.
20.Regionally Known. The attraction or activity must be known statewide and in one (1) or more adjoining states.(3-31-22)
21.Rest Area. Any area of particular scenic beauty or historical significance as determined by the federal, state, or local officials having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation, and enhancement of scenic beauty.(3-31-22)
22.Service Club and Religious Notices. Signs and notices, whose erection is authorized by law, relating to meeting of nonprofit service clubs or charitable associations, or religious services, which do not exceed eight (8) square feet in area.(3-31-22)
23.Sign. An outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main traveled way of the interstate or primary highway.(3-31-22)
24.Sign Face. The overall dimensions or area of that portion or side of an individual sign structure that is designed, intended, and capable of displaying messages. It includes border and trim, but excludes the base or apron, supports and other structural members.(3-31-22)
25.Sign Structure. A construction including the sign face, base or apron, and other structural members.(3-31-22)
26.Territorial or Zoning Jurisdiction. The geographical area located outside of any city or county limits for a distance of three (3) miles.(3-31-22)
27.Transient or Temporary Activity. An activity is transient or temporary for the purposes of Chapter 19, Title 40, Idaho Code when:(3-31-22)
a.The activity lacks any business or privilege license required by the city, county or state. (3-31-22)
b.The activity on the property has not been conducted for at least six (6) months at the time of application for a sign permit.(3-31-22)
c.The activity lacks utilities (water, power, telephone, etc.) and which are normally utilized by similar commercial activities.(3-31-22)
d.The activity is not carried on in a permanent building designed, built or modified for its current commercial or industrial use, located within six hundred sixty (660) feet of the nearest edge of the right-of-way.
e.The property upon which the activity is conducted lacks direct or indirect vehicular access or does not generate vehicular traffic.(3-31-22)
f.The activity does not have employees on-site during normal business hours which is considered normal, usual, and customary.(3-31-22)
g.The activity lacks a frequency of operations which are considered usual, normal and customary for that type of commercial or industrial operation and the activity is visible and recognizable as a commercial or industrial activity.(3-31-22)
28.Urban Areas. Any geographical area within the city limits of any incorporated city having a population of five thousand (5,000) or more inhabitants. Population numbers referred to in this Subsection will be determined by the latest United States census.(7-1-25)
IDAPA 39.03.60.011 (Reserved)
IDAPA 39.03.60.100 General
01.Visible Informative Content.
This rule applies only to advertising displays whose informative content is visible from the main traveled way of interstate or primary highways.(3-31-22)
02.Responsibilities. Both the owner of a sign and the landowner upon whose property the sign is located will be held responsible for violations of this rule.(3-31-22)
03.Nonconforming Signs. Signs which stand without advertising copy, obsolete advertising matter, or continued need for repairs beyond customary maintenance constitute discontinuance and abandonment after a period of six (6) months and will be subject to removal.(3-31-22)
04.Signs Visible from the Main Travel-Way. Signs beyond six hundred and sixty (660) feet from the right-of-way will be considered to have been erected with the purpose of their message being read from the main traveled way when:(3-31-22)
a.The sign angle and size is such that the message content is readily visible from the main traveled way; or(3-31-22)
b.The exposure time is long enough at the maximum speed limit for the sign message to be readable and comprehensible.(3-31-22)
05.Permit or License Revocation. The erection or maintenance of signs from the highway right-ofway; or the destruction of trees or shrubs within the highway right-of-way will be cause for permit or license revocation.(3-31-22)
06.Multiple Sign Faces. Criteria which permit multiple sign faces to be considered as one (1) sign structure for spacing purposes are limited to signs which are physically contiguous, or connected by the same structure or cross-bracing.(3-31-22)
07.Edge of Right-of-Way. Distance from the edge of the right-of-way is measured horizontally along a line normal or perpendicular to the centerline of the highway.(3-31-22)
08.Control Requirement. Where a sign is erected with the purpose of its message being read from two (2) or more highways, one (1) or more of which is a controlled highway, the more stringent of applicable control requirements will apply. (3-31-22)
IDAPA 39.03.60.101 (Reserved)
IDAPA 39.03.60.110 Exemptions Authorized by Section 40-1904, Idaho Code
01.Signs Erected by Public Offic ers or Agencies. Directional and other official signs and notices erected by public officers or agencies will be issued permits at no cost to the owners, as described more fully elsewhere in this rule.(3-31-22)
02.Advertising Sale or Lease of Property. Signs advertising the sale or lease of property upon which they are located. These signs will not advertise any products, services, or anything unrelated to the selling or leasing of the property.(7-1-25)
03.On-Premise Signs. Signs (on-premise) advertising activities conducted on the property upon which they are located are allowed, subject to the following: Not more than one (1) such sign, visible to traffic proceeding in any one (1) direction and advertising activities being conducted upon the real property where the sign is located may be permitted more than fifty (50) feet from the advertised activity. The criteria for determining the limits of the area of the advertised activity from which the fifty (50) feet measurement can be taken are as follows:
a.When the advertised activity is a business, commercial, or industrial land use, the distance will be measured from the regularly used buildings, parking lots, storage, or processing areas, or other structures which are essential and customary to the conduct of the business and within its limits of the real property. It is not be measured from driveways, fences, or similar facilities.(7-1-25)
b.When the advertised activity is a noncommercial or nonindustrial land use such as a residence, farm, or orchard, the distance is measured from the major structures on the property.(3-31-22)
c.In no event will a sign site be considered part of the premises on which the advertised activity is conducted if it is located upon a narrow strip of land which is nonbuildable land, such as, but not limited to, swampland, marshland, or other wetland, or which is a common or private roadway, or held by easement or other lesser interest than the premises where the advertised activity is located.(3-31-22)
IDAPA 39.03.60.111 (Reserved)
IDAPA 39.03.60.120 Displays Located Within Zoned or Unzoned Industrial, Business or
COMMERCIAL AREAS.
01.Size of Signs.
Within zoned and unzoned commercial, business, or industrial areas, and pursuant to the directive of Section 40-312, Idaho Code, the face of an advertising display will not exceed the following size limits:(7-1-25)
a.Maximum area - one thousand (1000) square feet;(3-31-22)
b.Maximum height - thirty (30) feet;(3-31-22)
c.Maximum length - fifty (50) feet.(3-31-22)
02.Dimensions. The area of a sign face will include all of the border, trim, cutouts, and extensions.
03.Spacing of Advertising Displays. Within zoned and unzoned commercial, business, or industrial areas, as defined in Section 010 herein and pursuant to directive of Section 40-1912, Idaho Code, the following spacing regulations apply:(3-31-22)
a.Advertising displays on interstate and primary highways may not be located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or to obstruct or interfere with the driver’s view of approaching, merging, or intersecting traffic.(3-31-22)
b.Advertising displays on interstate and primary highways may not be located within five hundred (500) feet of any of the following which are adjacent to the highway: public parks; public forests; public playgrounds; scenic areas designated as such by the Department or other State agencies having and exercising such authority.
c.In a case where the highway passes beneath a railroad overpass or beneath a highway grade separation structure where no traffic connection between the crossing highways is provided, no advertising display may be located on the road passing beneath the structure within a distance of five hundred (500) feet from the nearest edge of the overhead route.(3-31-22)
d.Measurement between signs or from a sign to another feature will be made horizontally along the pavement edge nearest the signs, between points directly opposite the signs or other features. The point of the sign nearest to the highway is used to determine the measurement point.(7-1-25)
e.Two (2) sign faces will be permitted at a single location, arranged back to back, or in a V-type configuration, but will only have one (1) sign face visible to one (1) direction of travel and will be considered as one (1) sign for spacing regulation.(7-1-25)
f.Signs erected by public agencies or officers and on-premise signs, as defined in Section 010 of this rule, will not be counted nor will measurements be made from them for determining compliance with spacing requirements.(7-1-25)
g.Spacing on interstate highways between advertising displays along each side of the highway will be a minimum of five hundred (500) feet. The spacing between multiple message signs will be a minimum of five thousand (5,000) feet.(7-1-25)
h.No advertising display on interstate highways will be erected or maintained within one thousand (1000) feet of an interchange or rest area with the exception of permitted, existing displays which will have grandfather rights. The minimum spacing between displays as set forth herein for interstate highways will govern the actual location of any sign display permitted and existing within this zone. No advertising display subject to this regulation will be permitted along any interstate highways within the actual “interchange area,” defined as commencing or ending at the beginning or ending of pavement widening at the exit or entrance to the main traveled way of the interstate freeway.(7-1-25)
i.The spacing of signs on primary highways between advertising displays along each side of the highway will be a minimum of one hundred (100) feet in urban areas and a minimum of two hundred and fifty (250) feet outside of urban areas. The spacing between multiple message signs will be a minimum of one thousand (1,000) feet in urban areas and a minimum of five thousand (5,000) feet outside urban areas.(7-1-25)
j.Where intersections are more than five hundred (500) feet apart, no off-premise advertising display will be permitted within one hundred (100) feet from the right-of-way line of the intersecting road unless buildings or structures control cross vision; then advertising displays may be permitted up to and on top of the intervening structures.(3-31-22)
k.When intersections are five hundred (500) feet or less apart, off-premise advertising displays will be permitted a minimum of fifty (50) feet from the right-of-way line of the intersecting road; however, all advertising displays between fifty (50) feet and one hundred (100) feet from the right-of-way line of the intersecting road will have the lower extremities of the advertising display (excluding posts) not less than fourteen (14) feet above the traveled way of the roads affected by the i ntersection for visibility under the signs by road users. Advertising displays may be permitted within one hundred (100) feet of the intersecting road’s right-of-way when buildings or structures control cross vision; but such displays will not be located so as to cause greater restriction to vision than the existing buildings or structures.(7-1-25)
l.Alleys, undeveloped rights-of-way, private roads and driveways will not be regarded as intersecting streets, roads or highways.(7-1-25)
m.Advertising structures may not be located within five hundred (500) feet of the point of pavement widening at the entrance or exit to a rest area, weight checking station, port of entry or other State-operated facility for the use of motorists.(3-31-22)
04.Lighting.(3-31-22)
a.No sign will be allowed if it is so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.(3-31-22)
b.Section 40-1910, Idaho Code, prohibits advertising structures which are visible from any interstate or primary highway and display any red or blinking intermittent light likely to be mistaken for a warning or danger signal.(3-31-22)
c.Section 40-1910, Idaho Code, prohibits advertising displays which include any illumination of such brilliance and so positioned as to blind or dazzle the vision of travelers on adjacent interstate and primary highways.
05.Variable or Multiple Message Signs.(3-31-22)
a.Multiple message signs will not include any illumination or image which moves continuously, appears to be in motion or has any moving or animated parts or video displays or broadcasts. No multiple message sign may include any illumination which is flashing or moving, except those giving public service information such as date, time, temperature, weather, or other similar information.(7-1-25)
b.If illuminated with beams or rays of such intensity or brilliance that it would cause glare or impair the vision of the driver or interfere with the operation of a motor vehicle, effective shielding will be in place so as to prevent beams or rays of light from being directed at any portion of the traveled way.(7-1-25)
c.If illuminated, illumination will not obscure or interfere with the effectiveness of official traffic sign, device, or signal.(7-1-25)
d.Multiple message signs will not emit or utilize any sound capable of being detected.(7-1-25)
e.The message or image on a multiple message sign must remain static for a minimum of eight (8) seconds.(3-31-22)
f.An automated change of message or image on a multiple message sign must be accomplished within two (2) seconds or less and contain a default design that will freeze the sign face in one (1) position should a malfunction occur.(3-31-22)
g.If a multiple message sign is in violation of any of the conditions listed in Subsection 300.05.a. through 300.05.g., the permit will be revoked.(3-31-22)
IDAPA 39.03.60.121 (Reserved)
IDAPA 39.03.60.130 Licenses
Licenses will be renewed annually. License app lication forms may be secured at the Idaho Transportation Department District Offices.(7-1-25)
IDAPA 39.03.60.131 (Reserved)
IDAPA 39.03.60.140 Outdoor Advertising Permits
No person may place any advertising display within the areas affected by the provisions of Section 40-1907, Idaho Code, without first having secured a written permit from the Department.(3-31-22)
01.Application Forms. Permit application forms may be secured at the Idaho Transportation Department District Offices.(3-31-22)
02.Expiration of Annual Permits. Annual permits will expire December 31 each year, but a multiyear permit may be issued as a convenience to the outdoor advertiser. An original annual permit fee of ten dollars ($10) will accompany each original permit application. An annual renewal fee of three dollars ($3) will be assessed for each permit, and the Department will mail a bill to each sign owner annually. Payment for the renewal of a permit must be received at least thirty (30) days prior to the expiration date. Permit fees will not be prorated for a fraction of a year.(7-1-25)
03.Modified Advertising Structures. Whenever an advertising structure is relocated or undergoes substantial replacement beyond customary maintenance, the modified structure will be considered to be a new sign.
Pursuant to Section 40-1906, Idaho Code, an application for a new display will be submitted before such reconstruction is begun. A permit fee of ten dollars ($10) must accompany the application. Conversion of a sign face to a multiple message sign face will be considered substantial replacement beyond customary maintenance and considered a new sign.(7-1-25)
a.Nonconforming signs which are allowed to be maintained until the State requires their removal cannot be modified so as to increase the reproduction cost. They must remain substantially the same as they were on the effective date of the state law and any subsequent amendments.(3-31-22)
b.The categories of nonconforming signs which may be maintained until they are removed, and nonconforming signs which have been “grandfathered”. in commercial and industrial areas cannot include new signs erected in their place or any changes to the existing sign which would be beyond customary maintenance. (3-31-22)
04.Space Requirement Violations. In the event that two (2) or more lawfully erected signs along the interstate and primary highways are in violation of the spacing requirements and the regulations promulgated by the Department, the Department will accord the interested parties a full opportunity to be heard and will thereafter make a finding as to the date of erection of each of the signs and award the permit or permits to the applicants whose signs were first erected.(7-1-25)
05.Application. All applications received during the Department’s normal office hours during the same mail pickup will be construed to have been received simultaneously. In the case of a tie between applicants and upon notification thereof by the Department, it will determine by lot which will receive the permit. (7-1-25)
06.Permit Denial. No permit will be issued for a new sign having two (2) or more faces in any one (1) direction.(3-31-22)
07.Physically Connected Signs. Two (2) sign structures which are physically connected will be considered as a single sign for permit purposes.(3-31-22)
08.Standard Permit Application. Owners of displays defined under Sections 40-102(4) and 40-1904, Idaho Code, will be requested to submit a standard permit application for each such display. Identification tags will be issued for such displays at no cost to the owners. No applications will be requested for minor signs, or emergency telephone signs, nor will tags be issued for them.(3-31-22)
09.Lost or Destroyed Identification Tags. Identification tags, except those issued under Subsection 401.08, which are lost or destroyed either before or after being attached to signs will be replaced only upon payment of a three dollar ($3) fee. Tags issued under Subsection 401.08 will be replaced at no cost if lost or destroyed.
10.Invalid Permit. A permit will only be issued for a sign that is lawfully erected within one hundred and eighty (180) days of the permit issuance date. The identification tag is to be affixed only to the sign for which it was issued and will be so affixed within one hundred and eighty (180) days after being received; otherwise, the permit automatically becomes invalid.(7-1-25)
11.Cancellation of Permit. If the sign for which a permit has been issued is removed, destroyed, or for any reason becomes unusable prior to the expiration date of permit, the permit may be canceled.(3-31-22)
12.Advertising Illegal Activities. Signs advertising activities illegal under Federal, State, or local law are not eligible for permits.(3-31-22)
13.Revoked Permits. When the Department determines a false or misleading statement has been made in the application for a license or permit, said license or permit will be revoked.(7-1-25)
14.Appeal Process. In the event a permit is denied or revoked, the applicant may obtain instructions for the appeal process at any of the Idaho Transportation Department District Offices.(7-1-25)
IDAPA 39.03.60.141 (Reserved)
IDAPA 39.03.60.150 Bonds of Out-of-State Permittees and Licensees
As authorized by Section 40-1908, Idaho Code, a bond in the penal sum of one thousand dollars ($1000) will be paid by all non-resident or foreign corporation permittees and licensees.(7-1-25)
IDAPA 39.03.60.151 (Reserved)
IDAPA 39.03.60.200 General: Traffic Accident Memorials
In accordance with Section 49-1316, Idaho Code, relatives or friends of a person killed in a traffic accident upon a state highway may apply for a permit to erect a memorial in memory of the decedent. Only one (1) memorial may be placed per fatal accident. Memorials placed before January 1, 2003 may be retained if they meet all of the requirements of Section 202 and Subsections 215.01 thorough 215.03, of this rule.(3-31-22)
IDAPA 39.03.60.201 Traffic Accident Memorial Permit
After January 1, 2003, relatives or frien ds of a person killed in a traffic accident upon a state highway may obtain an approved encroachment permit from the Department prior to installing, maintaining or removing a memorial within the state highway right-of-way. As a condition of permit approval, the individual(s) wishing to install a memorial needs to provide the Department with the following:(3-31-22)
01.Written Approval from the Next of Kin. Written approval from the decedent’s next of kin, who are related by blood, marriage or adoption; and(3-31-22)
02.Written Approval from the Property Owner. Written approval from all property owners whose property is within a five hundred foot (500’) radius of the proposed memorial location.(3-31-22)
IDAPA 39.03.60.202 Physical Requirements
The maximum dimensions of a memorial will be thirty-six (36) inches high, sixteen (16) inches wide and will weigh no more than seven (7) pounds. The height requirement is measured from the ground level to the highest point on the memorial, the width will be measured horizontally at the memorial's widest point and the weight is based on the portion above the ground.(7-1-25)
01.Shape and Color. Memorials will not be shaped or colored to portray, resemble or conflict with any traffic control device. The memorial will not be reflectorized.(7-1-25)
02.Memorial Site. Planting or landscaping at a memorial is not allowed.(3-31-22)
IDAPA 39.03.60.203 (Reserved)
IDAPA 39.03.60.215 Location
Memorials will be erected as near as pra ctical to the milepost location where the accident occurred. The person installing the memorial is responsible for contacting a utility locating service to identify the location of any utilities in the area prior to placement of the memorial. See call-before-you-dig requirements in Sections 55-2201 through 55- 2210 of Idaho Code. The applicant is required to meet on site with the Department highway maintenance supervisor assigned to the area where a memorial is to be erected to review the proposed installation. The Department highway maintenance supervisor will be responsible for final approval of the memorial location.(7-1-25)
01.Shoulder. Memorials will be placed as far as practical from the edge of roadway, but must be placed a minimum of twenty (20) feet from the roadway shoulder where highway right-of-way width permits.
02.Medians. Placement of an accident memorial in the median of any interstate or non-interstate highway is not allowed.(7-1-25)
03.Incorporated Cities. Memorials are not allowed within the boundaries of incorporated cities.
IDAPA 39.03.60.216 (Reserved)
IDAPA 39.03.60.220 Safety
01.Parking.
Those participating in the installation, maintenance, or removal of the memorial will park their vehicle(s) as far as practical from the travel lanes and in an area where there is adequate sight distance on the highway in both directions.(7-1-25)
02.Participants and Motorists. Those participating in the installation, maintenance, or removal of a memorial will wear proper safety attire and obey all safety procedures approved by the Department at the time of permit issuance. A high degree of safety must be maintained for the traveling public and the participants during the installation, maintenance, or removal of a memorial.(7-1-25)
IDAPA 39.03.60.221 (Reserved)
IDAPA 39.03.60.240 Maintenance
The Department is not responsible for maintenance, vandalism , damage, or theft of a memorial. The permittee is responsible for maintenance of the memorial. All memorials need to be maintained in good condition at all times and in a manner that complies with this rule.(3-31-22)
IDAPA 39.03.60.241 Compliance
01.Improper Installation.
Memorials not installed in compliance with this rule are subject to removal by the Department.(3-31-22)
02.Maintenance. Memorials not maintained in good condition are subject to removal by the Department.(3-31-22)
03.Traffic Hazard. Memorials that have been installed or maintained in such a manner that either the memorial or the participants create a traffic hazard are subject to removal by the Department.(3-31-22)
IDAPA 39.03.60.242 (Reserved)
IDAPA 39.03.60.300 General: Standards for Community Official Signs
01.Direction of Sign. Only one (1) community sign may face the same direction of travel along a single route approaching the community.(3-31-22)
02.Location of Sign. A community sign may not be located within two thousand (2,000) feet of an interchange, along the interstate system or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way) or located within one thousand (1,000) feet of an intersection of a primary route with another designated federal-aid route. Community signs may not be located within two thousand (2,000) feet of a rest area, park land or scenic area.
03.Size of Sign. Community signs will not exceed the following limits:(7-1-25)
a.Maximum area -- Three hundred (300) square feet.(3-31-22)
b.Maximum height -- Thirty (30) feet.(3-31-22)
c.Maximum length -- Thirty (30) feet.(3-31-22)
IDAPA 39.03.60.301 Standards for Directional Signs
01.Prohibited Directional Signs.
a.Signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities.(3-31-22)
b.Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver’s view of approaching, merging, or intersecting traffic.(3-31-22)
c.Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.(3-31-22)
d.Signs which are structurally unsafe or in disrepair.(3-31-22)
e.Signs which move or have any animated or moving parts.(3-31-22)
f.Signs located in rest areas, parklands, or scenic areas.(3-31-22)
g.Signs that advertise or call attention to an activity or attraction no longer in existence and/or abandoned or obsolete signs.(3-31-22)
h.Signs not maintained in a neat, clean, and attractive condition or in good repair.(3-31-22)
i.Signs not designed to withstand a wind pressure of thirty (30) pounds per square foot of exposed surface.(3-31-22)
j.A sign installation that has not been issued an annual permit.(3-31-22)
02.Size of Directional Signs.(3-31-22)
a.Signs will not exceed the following limits: Maximum area, one hundred and fifty (150) square feet; maximum height twenty (20) feet; maximum length, twenty (20) feet.(7-1-25)
b.All dimensions include border and trim, but exclude supports.(3-31-22)
03.Spacing of Directional Signs.(3-31-22)
a.Each location of a sign will be approved by the department and the property owner on whose property the sign is installed.(7-1-25)
b.A sign may not be located within two thousand (2,000) feet of an interchange, along the interstate system or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way), or located within one thousand (1,000) feet of an intersection of a primary route with another designated federal-aid route.(3-31-22)
c.A sign may not be located within two thousand (2,000) feet of a rest area, park land, or scenic area.
d.A sign will not be located within one (1) mile of any other directional sign facing the same direction of travel.(7-1-25)
e.Not more than three (3) signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity.(3-31-22)
f.Signs located adjacent to the interstate system will be within seventy-five (75) air miles of the activity.(7-1-25)
g.Signs located adjacent to the primary system will be within fifty (50) air miles of the activity.
04.Message Content. The message on directional signs will be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases and pictorial or photographic representations of the activity or its environs are not allowed.(7-1-25)
IDAPA 39.03.60.302 (Reserved)
IDAPA 39.03.60.320 Lighting, Signs May Be Illuminated, Subject to the Following
01.Flashing or Moving Lights. Si gns which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are not allowed.(7-1-25)
02.Lights Which Impair Driver Vision. Signs which are not effectively shielded so as to prevent beams or rays of light from being directed toward any portion of the traveled way of a highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver’s operation of a motor vehicle are not allowed.(7-1-25)
03.Interference With Traffic Sign, Device, or Signal. A sign may not be so illuminated as to interfere with the effectiveness of, or obscure an official traffic sign, device, or signal.(3-31-22)
IDAPA 39.03.60.321 (Reserved)
IDAPA 39.03.60.340 Administration
01.Selection Methods and Criteria.
a.Application for permits to erect and maintain directional and official signs under this regulation will be filed with the Idaho Transportation Department, Division of Highways.(7-1-25)
b.The approval of applications of directional signs is to be based on the following criteria: Nationally or regionally known activity of outstanding interest to the traveling public; location of activity relative to highway and proposed signing plan; dominant attraction must be for edification and enjoyment of motorist, not touristoriented business or for generation of activity income; and Attraction or Activity will have drinking water and toilet facilities meeting the Idaho Department of Health and Welfare standards.(7-1-25)
c.The applicant of directional signs will furnish to the department the following data: Proposed sign plans including sign details, color, construction, shape, legend, lighting and location; letter of property owner approval of directional sign installation; department of Health and Welfare certification that water and toilet facilities meet Idaho standards; and documentation and explanation by applicant if it is a regionally known attraction or activity of outstanding interest to the traveling public.(3-31-22)
d.Applicants for directional signing will furnish to the department, on request, information relating to the limits of their advertising program, need of directional signing for the traveling public, number of public visits, and such other information as deemed appropriate to assure compliance with federal regulations and state law. The applicant or other representatives may appear before the Idaho Transportation Board in case of controversy.
e.The applicant of community or bypassed community official signs will furnish the department the same information required in Subsection 340.01.c of this rule.(3-31-22)
02.Permits.(3-31-22)
a.Permit application forms may be secured at any Idaho Transportation Department District Office.
b.Permits will be issued annually expiring on December 31 each year, but can be issued for a period greater than one (1) year as a matter of convenience.(3-31-22)
c.The initial permit application fee is ten dollars ($10) with an annual renewal fee of three dollars ($3). The initial application fee is nonrefundable. A fee will not be prorated or be refunded for the balance of a permit period if the sign is removed.(7-1-25)
d.A permit will not be issued until the sign has been approved by the department. A valid permit may be transferred to another person or jurisdiction upon written notice to the department.(7-1-25)
e.A permit will not be issued for a sign located adjacent to a fully-controlled access highway or freeway unless it has been determined that access to the sign can be obtained without violating the access control provisions of the highway. The department will cancel a permit and require removal of the sign if it is found that the sign has been erected, maintained or serviced from the highway right-of-way at those locations where the department has acquired rights of access to the highway or rights of access have not accrued to the abutting property. In addition, the department may recover from the sign owner or person erecting, maintaining or servicing the sign, the amount of damage of landscaping, sodding, fencing, ditching or other highway appurtenances resulting from such acts. (7-1-25)
f.The permit can be revoked by the state if the department determines that the applicant has knowingly supplied false or misleading information in his application for a permit or permit renewal.(3-31-22)
g.Service club, religious notice, and community official signs will require a permit but the fees will be waived. For permit purposes, service club and religious notice structures may have more than one (1) face but not more than six (6) faces.(7-1-25)
IDAPA 39.03.60.341 (Reserved)
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