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This publication contains annotations taken from decisions of the Idaho Supreme Court and the Court of Appeals and the appropriate federal courts. These cases will be printed in the following reports: Idaho Reports

Pacific Reporter Federal Supplement Federal Reporter

United States Supreme Court Reports, Lawyers' Edition Following is an explanation of the abbreviations of the Court Rules used throughout the Idaho Code.

Idaho R. Civ. P. Idaho Rules of Civil Procedure Idaho Evidence Rule Idaho Rules of Evidence Idaho R. Crim. P. Idaho Criminal Rules

Idaho Misdemeanor Crim. Misdemeanor Criminal Rules Rule

LI.R. Idaho Infraction Rules

LJ.R. Idaho Juvenile Rules

LC.AR. Idaho Court Administrative Rules Idaho App. R. Idaho Appellate Rules

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To assist the legal profession and the layperson in obtaining the maximum benefit from the Idaho Code, a User's Guide has been included in the first volume of this set.


Article 3, $ 22 of the Idaho State Constitution provides: “No act shall take effect until sixty days from the end of the session at which the same shall have been passed, except in case of emergency, which emergency shall be declared in the preamble or in the body of the law."

Section 67-510 Idaho Code provides: “No act shall take effect until July 1 of the year of the regular session or sixty (60) days from the end of the session at which the same shall have been passed, whichever date occurs last, except in case of emergency, which emergency shall be declared in the preamble or body of the law.

Every joint resolution, unless a different time is prescribed therein, takes effect from its passage."

This table is given in order that the effective date of acts, not carrying an emergency or which do not specify an effective date, may be determined with a minimum of delay.

Year Adjournment Date 1921 iet vds March 5, 1921 1923 ecese March 9, 1923 1925 erci March 5, 1925 1927 aote March 3, 1927 1929 MP March 7, 1929 193 T ST March 5, 1931 1931 (E.S) si sayswee March 13, 1931 1935. oven March 1, 1933 1933 (ES usce cement June 22, 1933 1935 cse March 8, 1935 1935 (Ist E.S.) S ociiecet March 20, 1935 1935 (2nd E.S.) snm July 10, 1935

1935 (3rd E.S.) secs July 31, 1936

TI T ctam March 6, 1937

1937 (ES added November 30, 1938 1939: tton March 2, 1939 1941 ................ March 8, 1941 1943 a tenis February 28, 1943 1944 (1st E.S.) ................ March 1, 1944 1944 (2nd ES.) ................ March 4, 1944 1945 ut essen March 9, 1945 1946 (Ist E.S.) aseo March 7, 1946 ipsus co at) 3x23 March 7, 1947 TOJO onn March 4, 1949 1950 (E.S) oco February 25, 1950 FIS laiens March 12, 1951 1952 (E-S Jesusa January 16, 1952 1053. ees March 6, 1953 nen March 5, 1955 195] «adt March 16, 1957 1959 1 ido March 9, 1959 1961 actos March 2, 1961 1961 (Ist E.S.) eee August 4, 1961 196 9 in March 19, 1963 1964 (E.S) eese August 1, 1964 19605 c sims March 18, 1965 1965 (Ist E.S.) isses March 25, 1965 1966 (2nd E.S.) ................ March 5, 1966 1966 (3rd E.S.)................ March 17, 1966 1967 ssa March 31, 1967 1967 (Ist E.S.) esses June 23, 1967 1968 (2nd E.S.)................ February 9, 1968 1969 ssi March 27, 1969 1970. inara March 7, 1970

TOTT mian March 19, 1971

LOTT: CBS) sas nai April 8, 1971

TOTZ asipar esrn March 25, 1972 LOTS 212922522 A33 6% March 13, 1973 1974 ise eres March 30, 1974 I9 75 tis March 22, 1975 1916: dosi March 19, 1976 TOUS ve dco March 21, 1977 1978 isse on March 18, 1978 1979. oeste March 26, 1979 1980 d nicis March 31, 1980 1981 sac day March 27, 1981 1981 (E.S) eot July 21, 1981 TOG? osineen March 24, 1982 LOSS o April 14, 1983 1983 (E.S) seeds May 11, 1983 1984 nenns. March 31, 1984 1985 ca 9 Aun March 13, 1985 1986 2 dni March 28, 1986 1957 yên nai April 1, 1987 1988 oo estws March 31, 1988 1989 toti March 29, 1989 1990 iso: March 30, 1990 TOOT ca March 30, 1991 1909. oet April 3, 1992 1992 (E.S) a sesso July 28, 1992 1993 reote utes March 27, 1993 1994 cis April 1, 1994 1995 odios March 17, 1995 1996 x Suse: March 15, 1996 TOS T odas ete March 19, 1997 I0. March 23, 1998

1999 ................ March 19, 1999

2000 ciconia: April 5, 2000

5) 0n" March 30, 2001 2009. ee eth March 15, 2002 2003 csc enehivas teas May 3, 2003 20044. scs March 20, 2004 2009 rode April 6, 2005 2006 ou ka April 11, 2006 2006 (E. S) ie August 25, 2006 ZUUT soirs] March 30, 2007 2008 sortase! nga) April 2, 2008 2009 noieeoe. May 8, 2009 20:10 5 ng March 29, 2010 ZU TT s 1n. April 7, 2011 ZU EA estes etie March 29, 2012 2013 ENERO TEUER April 4, 2013 20 T4 oet March 20, 2014 5.1100 April 11, 2015 2015 (ES) inn May 18,2015 2U' T6: liec March 25, 2016 5/9100 aeina March 29, 2017 20 Brey testes bs March 28, 2018 2019 sso: April 11, 2019

2020 ct atre March 20, 2020


hapter hapter hapter hapter hapter hapter hapter hapter hapter


aho Code Title 49


hapter 1. Definitions, $8 49-101 49-157.

hapter 2. General, $$ 49-201 49-245.

hapter 3. Motor Vehicle Driver's Licenses, §§ 49-301 49-349. hapter 4. Motor Vehicle Registration, 8$ 49-401 49-458. hapter 5. Vehicle Titles, $$ 49-501 49-593.

hapter 6. Rules of the Road, $$ 49-601 49-691.

hapter 7. Pedestrians and Bicycles, §§ 49-701 49-765.

hapter 8. Signs, Signals and Markings, §§ 49-801 49-849. hapter 9. Vehicle Equipment, $$ 49-901 49-967.

0. Weight, Speed and Tire Regulations, $8 49-1001 49-1015.

1. Caravaning of Motor Vehicles. [ Repealed.]

2. Motor Vehicle Financial Responsibility, §§ 49-1201 49-1235.

3. Accidents, $8 49-1301 49-1316.

4. Traffic Enforcement and General Provisions, §§ 49-1401 49-1431. 5. Traffic Infractions, $$ 49-1501 49-1538.

6. Dealers and Salesmen Licensing, $8 49-1601 49-1638.

7. Labor and Material Liens, 88 49-1701 49-1710.

8. Towing and Storage of Motor Vehicles, $8 49-1801 49-1819.

9. Western States Transportation Agreement, $$ 49-1901 49-1913.

hapter 20. Driver License Compact, $8 49-2001 49-2004.

hapter 21. Commercial Driver Schools. [ Repealed.]

hapter 22. Hazardous Materials/Hazardous Waste Transportation Enforcement, §§ 49-2201 49-2212. hapter 23. Motor Clubs. [ Redesignated and Repealed.]

hapter 24. Miscellaneous, $3 49-2401 49-2448.

hapter 25. Nonresident Violator Compact, §§ 49-2501 49-2515.

hapter 26. Snowmobiles. [Repealed and Redesignated.]

hapter 27. Funeral Processions, §§ 49-2701 49-2707.

hapter 28. Motor Vehicle Service Contracts. [ Repealed.]

hapter 29. Rural Economic Development and Integrated Freight Transportation Program, $8 49-2901 49-2905. hapter 30. Identification Cards. [ Redesignated.]

hapter 31. Cross-Country Skiing. [Repealed and Redesignated.]

hapter 32. Idaho Safe Boating Act. [ Repealed.]

hapter 33. Ridesharing Arrangements. [ Repealed and Redesignated.]

hapter 34. Idaho Traffic Infractions Act. [Repealed and Redesignated.]

hapter 35. Labor and Material Liens. [Repealed and Redesignated.]

hapter 36. Abandoned Motor Vehicles. [ Repealed and Redesignated.]

hapter 37. Transportation Network Company Services Act, 88 49-3701 49-3715.

Licensed to the People of Idaho, Public Resource

e Title 49 *,s»Ch. Idaho Code Ch. 1

Chapter 1 DEFINITIONS Sec. 49-101. Definitions. 49-102. Definitions A. 49-103. Definitions B. 49-104. Definitions C. 49-105. Definitions D. 49-106. Definitions E. 49-1064. [Amended and Redesignated.] 49-107. Definitions F. 49-108. Definitions G. 49-109. Definitions H. 49-110. Definitions I. 49-111. Definitions J. 49-112. [Reserved.] 49-113. Definitions L. 49-113a. Fees for duplicate registration stickers. [ Repealed.] 49-114. Definitions M. 49-115. Definitions N. 49-116. Definitions O. 49-117. Definitions P. 49-118. [Reserved.] 49-119. Definitions R. 49-120. Definitions S.

49-121. Definitions T.

49-122. Definitions U.

49-122A. [ Amended and Redesignated.]

40-123. Definitions V.

49-124. Definitions W.

49-125. [ Reserved.]

49-1254. [Amended and Redesignated.]

49-126. [Reserved.]

49-126A, 49-126B. [ Repealed.]

49-127. [ Reserved.]

49-1274. Additional use fees. [ Repealed.] 49-127B. [ Amended and Redesignated.]

49-127C. Authority to enter agreements. [ Repealed.] 49-128 49-1344. [Amended and Redesignated.] 49-134B 49-142. [Repealed.]

49-143 49-146. [ Amended and Redesignated.] 49-147, 49-148. [ Repealed.]

49-149. [ Amended and Redesignated.]

49-150 49-154. [Repealed.]

49-155. [Amended and Redesignated.]

49-156. Application for specific numbered plates Optional with assessor Fee. [Repealed.]

49-157 49-159. [ Amended and Redesignated.]

e Title 49, *Ch. 1»,* § 49-101 » Idaho Code § 49-101 $ 49-101. Definitions. Words and phrases used in this title are defined in sections 49-102 through 49-127, Idaho Code. Words used in the masculine gender include the feminine gender, and the singular number includes the plural, as well as the plural the singular.

History. I.C., $ 49-101, as added by 1988, ch. 265, § 2, p. 549.


Prior Laws.

Former $ 49-101, which comprised S.L. 1927, ch. 244, § 1, p. 374; am. S.L. 1929, ch. 195, § 1, p. 362; am. S.L. 1931, ch. 185, § 1, p. 304; I.C.A., § 48-101; am. S.L. 1933, ch. 177, § 1, p. 323; am. S.L. 1939, ch. 226, 8 1, p. 501; am. S.L. 1951, ch. 119, § 1, p. 273; am. S.L. 1953, ch. 261, § 1, p. 425; am. S.L. 1955, ch. 87, § 1, p. 191; am. S.L. 1957, ch. 28, 8 1, p. 36; am. S.L. 1965, ch. 82, $ 1, p. 132; am. S.L. 1974, ch. 27, § 84, p. 811; am. S.L. 1982, ch. 95, § 1, p. 185; am. S.L. 1983, ch. 255, 8 1, p. 674; am. S.L. 1984, ch. 84, § 1, p. 158; am. S.L. 1985, ch. 36, $ 2, p. 70; am. S.L. 1985, ch. 117, $ 3, p. 242; am. S.L. 1985, ch. 179, § 1, p. 460; am. S.L. 1986, ch. 287, § 1, p. 719; am. S.L. 1987, ch. 190, § 1, p. 382, was repealed by § 1 of S.L. 1988, ch. 265, effective January 1, 1989.

Effective Dates.

Section 586 of S.L. 1988, ch. 265 provided that the act should take effect January 1, 1989.

e Title 495, * Ch. 1»,« § 49-102» Idaho Code § 49-102 § 49-102. Definitions A. (1) “Abandon” means to leave a vehicle on private property without the permission of the person having rights to the possession of the property, or on a highway or other property open to the public for the purposes of vehicular traffic or parking, or upon or within the right-of-way of any highway, for twenty-four (24) hours or longer.

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

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

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

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

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

(7) *Agricultural products" means the following unprocessed products: (a) Agricultural, horticultural, floricultural and viticultural products; (b) Fruits and vegetable products;

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

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

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

(f) Bees, bee products and bee byproducts.

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

(9) *Alcohol or alcoholic beverage" means:

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

(b) Wine of not less than one-half of one percent (.005%) of alcohol by volume; or

(c) Distilled spirits as defined in section 5002(a)(8), of the Internal Revenue Code.

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

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

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

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

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

(15) *Approved driver training course" means a training course from a school licensed under the provisions of chapter 21 of this title [chapter 54, title 54, Idaho Code,] or a driver training course approved by another United States jurisdiction provided the course was taken while an individual was a resident of that United States jurisdiction.

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

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

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

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

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

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

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

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

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

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


I.C., § 49-102, as added by 1988, ch. 265, § 2, p. 549; am. 1989, ch. 88, § 1, p. 151; am. 1990, ch. 391, § 1, p. 1092; am. 1991, ch. 288, § 1, p. 739; am. 1992, ch. 238, § 1, p. 707; am. 1993, ch. 334, § 1, p. 1234; am. 1995, ch. 116, § 25, p. 386; am. 2000, ch. 469, § 107, p. 1450; am. 2003, ch. 87, $ 1, p. 265; am. 2008, ch. 18, § 1, p. 25; am. 2008, ch. 409, 8 1, p. 1125; am. 2009, ch. 157, § 2, p. 458; am. 2011, ch. 158, § 1, p. 443; am. 2015, ch. 208, § 1, p. 636; am. 2015, ch. 230, § 1, p. 722; am. 2016, ch. 47, § 22, p. 98.


Cross References.

Idaho state police, $ 67-2901 et seq.

Idaho transportation board, $ 40-301 et seq. Amendments.

This section was amended by two 2008 acts which appear to be compatible and have been compiled together.

The 2008 amendment, by ch. 18, in subsection (14), added “or a driver training course approved by another United States jurisdiction provided the course was taken while an individual was a resident of that United States jurisdiction."

The 2008 amendment, by ch. 409, rewrote subsection (10), which formerly read: “°All-terrain vehicle’ or ‘ATV’ means any recreation vehicle with three (3) or more tires, weighing under eight hundred fifty (850) pounds, forty-eight (48) inches or less in width, having a wheelbase of sixty-one (61) inches or less, traveling on low-pressure tires of ten (10) psi or less. Such vehicles shall be registered under the provisions of section 49- 402, Idaho Code, for operation on public highways, unless exempted under the provisions of section 49-426, Idaho Code."

The 2009 amendment, by ch. 157, in subsection (10), deleted “traveling on low pressure tires of ten (10) psi or less" preceding “has handlebar steering."

The 2011 amendment, by ch. 158, rewrote subsection (10), which formerly read: “All-terrain vehicle’ or * ATV’ means any recreation vehicle

with three (3) or more tires, weighing under nine hundred (900) pounds, fifty (50) inches or less in width, having a wheelbase of sixty-one (61) inches or less, has handlebar steering and a seat designed to be straddled by the operator."

This section was amended by two 2015 acts which appear to be compatible and have been compiled together.

The 2015 amendment, by ch. 208, added subsection (7) and redesignated the remaining subsections accordingly.

The 2015 amendment, by ch. 230, added subsection (22).

The 2016 amendment, by ch. 47, corrected the subsection (22) designation caused by multiple 2015 amendments to this section.

Federal References.

The federal highway administration, referred to in subsection (5), is created at 49 U.S.C.S. $ 104.

Section 5002(a (8) of the Internal Revenue Code, referred to in subdivision (9)(c) of this section, is compiled as 26 U.S.C.S. $ 5002(a)(8).

Compiler's Notes.

Former $ 49-102 was amended and redesignated as $ 49-201 by § 4 of S.L. 1988, ch. 265, effective January 1, 1989.

The bracketed insertion in subsection (15) was added by the compiler to account for the repeal of chapter 21, title 49, Idaho Code, by S.L. 2009, ch. 251,8 1.

The words enclosed in parentheses so appeared in the law as enacted. Effective Dates.

Section 6 of S.L. 1990, ch. 391 provided that the act should be in full force and effect on and after January 1, 1991.

Section 30 of S.L. 1995, ch. 116 declared an emergency. Approved March 14, 1995.

Section 17 of S.L. 2009, ch. 157 declared an emergency. Approved April 9, 2009.

Section 11 of S.L. 2015, ch. 208 declared an emergency. Approved April 1,2015.

Section 5 of S.L. 2015, ch. 230 declared an emergency. Approved April 3, 2015.

e Title 49%, e Ch. 1»,« § 49-103» Idaho Code § 49-103 $ 49-103. Definitions B. (1) "Bicycle" means every vehicle propelled exclusively by human power upon which any person may ride, having two (2) tandem wheels, and except scooters and similar devices.

(2) *Board" means the Idaho transportation board.

(3) “Boat transporter" means any vehicle combination designed and used specifically to transport assembled boats and boat hulls.

(4) *Boot" means a device used by a towing company or other entity to temporarily immobilize or disable a motor vehicle for purposes of enforcing parking restrictions.

(5) "Broker" means a person who, for a fee, commission, or other valuable consideration, arranges or offers to arrange a transaction involving the sale, but not resale, of a new vehicle, and who is not (a) A representative or an agent or employee of a representative; (b) A distributor, agent or employee of a distributor; or (c) At any point in the transaction, the owner of the vehicle involved in the transaction.

(6) *Bus" means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a *bus" under the provisions of this title relating to equipment requirements, rules of the road, or registration.

(7) “Business district.” (See “District”, section 49-105, Idaho Code) (8) “Buy.” (See "Sell", “sold”, and “purchase”, section 49-120, Idaho Code) History.

I.C., § 49-103, as added by 1988, ch. 265, § 2, p. 549; am. 1989, ch. 408, $ 1, p. 996; am. 1991, ch. 272, 8 1, p. 686; am. 2018, ch. 324, § 2, p. 754.


Cross References.

Idaho transportation board, § 40-301 et seq. Amendments.

The 2018 amendment, by ch. 324, added subsection (4) and redesignated the subsequent subsections accordingly.

Legislative Intent.

Section 1 of S.L. 2018, ch. 324 provided: "Legislative Intent. It is the intent of the Legislature, as immobilization of motor vehicles by booting in the state of Idaho vitally affects the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate those who operate motor vehicle booting businesses in Idaho by local government, in order to prevent frauds, impositions, and other abuses upon its citizens. The Legislature finds it necessary to allow local governments to establish minimum consumer protection standards as well as remedies for motorists who suffer property damage as a result of having their motor vehicles booted or who claim to have been wrongfully booted."

Compiler's Notes.

Former $ 49-103 was amended and redesignated as $ 49-205 by § 6 of S.L. 1988, ch. 265, effective January 1, 1989.

The words enclosed in parentheses so appeared in the law as enacted. Effective Dates.

Section 6 of S.L. 2018, ch. 324 declared an emergency. Approved March 27, 2018.

e Title 495, * Ch. 1»,« § 49-104» Idaho Code § 49-104 $ 49-104. Definitions C. (1) “Cancellation of driver's license" means the annulment or termination by formal action of the department of a person's driver's license because of some error or defect in the driver's license or because the licensee is no longer entitled to the driver's license. The cancellation of a driver's license is without prejudice and after compliance with requirements, the individual may apply for a new driver's license at any time after cancellation.

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

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

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

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

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

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

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

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

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

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

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

(13) *Compliance review" means an on-site examination of motor carrier operations, which may be at the carrlers place of business, including

driver's hours of service, vehicle maintenance and inspection, driver qualifications, commercial driver's license requirements, financial responsibility, accidents, hazardous materials, and such other related safety and transportation records to determine safety fitness.

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

(15) *Conviction" means:

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

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

(16) *Crosswalk" means:

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

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


I.C., § 49-104, as added by 1988, ch. 265, § 2, p. 549; am. 1989, ch. 88, § 2, p. 151; am. 1989, ch. 310, § 1, p. 769; am. 1990, ch. 45, § 2, p. 71; am. 1996, ch. 370, § 1, p. 1244; am. 1998, ch. 110, § 5, p. 375; am. 1999, ch. 81, 8 2, p. 237; am. 1999, ch. 383, § 3, p. 1051; am. 2000, ch. 469, § 108, p. 1450; am. 2005, ch. 83, $ 1, p. 296; am. 2007, ch. 252, § 6, p. 737; am. 2008, ch. 330, § 1, p. 902; am. 2010, ch. 49, § 1, p. 89; am. 2011, ch. 327, 8 1, p. 952; am. 2015, ch. 54, 8 1, p. 127; am. 2017, ch. 147, 8 5, p. 357.


Cross References. Department of insurance, $ 41-201 et seq. Idaho transportation department, $ 40-501 et seq. Idaho state police, $ 67-2901 et seq. Amendments.

This section was amended by two 1999 acts, ch. 81, $ 2 and ch. 383, $ 3, which appear to be compatible and have been compiled together.

The 1999 amendment, by ch. 81, in subsection (12), added the last sentence.

The 1999 amendment, by ch. 383, added present subsections (4) and (10) and redesignated the subsequent subsections.

The 2007 amendment, by ch. 252, updated the section reference in subsection (5).

The 2008 amendment, by ch. 330, added subsection (5) and redesignated the subsequent subsections accordingly.

The 2010 amendment, by ch. 49, in subsection (3), in the first sentence, substituted “section 49-117(18)" for “section 49-1212"; divided former subsection (13) into the present introductory paragraph in subsection (13) and paragraph (13)(a); and added paragraph (13)(b).

The 2011 amendment, by ch. 327, added present subsection (6) and redesignated the subsequent subsections.

The 2015 amendment, by ch. 54, added subsection (11) and redesignated the remaining subsections accordingly.

The 2017 amendment, by ch. 147, updated the reference to section 49- 117 in subsection (3) in light of the 2017 amendment of that section.

Compiler's Notes.

Former $ 49-104 was amended and redesignated as subsections (1) to (4) of $ 49-202 by $ 5 of S.L. 1988, ch. 265, effective January 1, 1989.

For more on the commercial driver license information system, referred to in subsection (9), see Attp://www.aamva.org/C DLIS.

The words and abbreviation enclosed in parentheses so appeared in the law as enacted.

Effective Dates.

Section 47 of S.L. 1990, ch. 45 provided: *This act shall be in full force and effect on and after July 1, 1990, with the exception that the provisions within each applicable section of Idaho Code relating to classes of driver's licenses shall take effect no later than September 1, 1990, as determined by the director of the Idaho transportation department, and until that time, existing laws shall remain in effect."

Section 4 of S.L. 2008, ch. 330 declared an emergency. Approved April 1,2008. CASE NOTES

Commercial Driver's License.

There is a distinction between a license and the privileges granted by that license. The disqualification of privileges does not impact one's status as a holder of a license. A commercial driver's license is distinct from the driving privileges granted under it, and a driver may still *hold" that license, despite being disqualified from exercising certain privileges. Edwards v. Idaho Transp. Dep't, Idaho —, 448 P.3d 1020 (2019).

Decisions Under Prior Law

Commercial Vehicle.

Exception of motor truck owned and operated by person engaged In farming or stock-raising, and employing truck for transporting products of husbandry, from classification of commercial truck was not arbitrary. Curtis v. Pfost, 53 Idaho 1, 21 P.2d 73 (1933).

e Title 49°, 0 Ch. 1»,« § 49-105» Idaho Code § 49-105 $ 49-105. Definitions D. (1) "Dealer" means every person in the business of buying, selling or exchanging five (5) or more new or used vehicles, new or used neighborhood electric vehicles, new or used motorcycles, motor-driven cycles, snow machines or motorbikes, travel trailers, truck campers, all-terrain vehicles, utility type vehicles or motor homes in any calendar year, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise, or who has an established place of business for the sale, lease, trade, or display of these vehicles. No insurance company, bank, finance company, public utilities company, or other person coming into possession of any vehicle, as an incident to its regular business, who shall sell that vehicle under any contractual rights it may have, shall be considered a dealer. See also "salvage pool," section 49-120, Idaho Code.

(2) “Dealer’s selling agreement." (See “Franchise,” section 49-107, Idaho Code)

(3) “Department” means the Idaho transportation department acting directly or through its duly authorized officers and agents, except in chapters 6 and 9, title 49, Idaho Code, where the term means the Idaho state police, except as otherwise specifically provided.

(4) *Designated family member" means the spouse, child, grandchild, parent, brother or sister of the owner of a vehicle dealership who, in the event of the owner's death, is entitled to inherit the ownership interest in the dealership under the same terms of the owner's will, or who has been nominated in any other written instrument, or who, in the case of an incapacitated owner of a dealership, has been appointed by a court as the legal representative of the dealer's property.

(5) "Director" means the director of the Idaho transportation department, except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the director of the Idaho state police.

(6) “Disclose” means to engage in any practice or conduct to make available and make known personal information contained in records of the department about a person to any other person, organization or entity, by any means of communication.

(7) “Disqualification” as defined in 49 CFR part 383, means withdrawal by the department of commercial vehicle driving privileges.

(8) “Distributor” means any person, firm, association, corporation or trust, resident or nonresident, who has a franchise from a manufacturer of vehicles to distribute vehicles in this state, and who in whole or in part sells or distributes new vehicles to dealers or who maintains distributor representatives.

(9) “Distributor branch" means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained.

(10) “Distributor representative" means any person, firm, association, corporation or trust, and each officer and employee thereof engaged as a representative of a distributor or distributor branch of vehicles for the purpose of making or promoting the sale of vehicles, or for supervising or contacting dealers or prospective dealers.

(11) “District” means:

(a) Business district. The territory contiguous to and including a highway when within any six hundred (600) feet along the highway there are buildings in use for business or industrial purposes, including hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the highway.

(b) Residential district. The territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred (300) feet or more is in the main improved with residences, or residences and buildings in use for business.

(c) Urban district. The territory contiguous to and including any highway which is built up with structures devoted to business, industry or dwelling houses. For purposes of establishing speed limits in accordance with the provisions of section 49-654, Idaho Code, no state highway or any portion thereof lying within the boundaries of an urban district is subject to the limitations which otherwise apply to nonstate highways within an urban district.

(12) “Documented vessel” means a vessel having a valid marine document as a vessel of the United States.

(13) *Downgrade" as it pertains to commercial drivers licensing shall mean either:

(a) The driver has changed his or her medical requirement self- certification to interstate but operates exclusively in transportation or operations excepted from part 391 of the federal motor carrier safety regulations; or

(b) The driver has changed his or her medical requirement self- certification to intrastate and operates exclusively in transportation or operations as listed in section 67-2901B(2), Idaho Code; or

(c) The driver no longer has commercial motor vehicle driving privileges, but has retained privileges to drive noncommercial motor vehicles.

(14) *Drag race" means the operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one (1) or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicles within a certain distance or time limit.

(15) "Driver" means every person who drives or is in actual physical control of a vehicle.

(16) "Driver's license" means a license or permit issued by the department or by any other jurisdiction to an individual which authorizes the individual to operate a motor vehicle or commercial motor vehicle on