Title 49 — MOTOR VEHICLES

49-1401. Reckless driving. (1) Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to end…

49-1401A. distracted driving. (1) As used in this section: (a) "Mobile electronic device" means a cellular telephone; broadband personal communication device; two-way messaging device; text messaging device; pager; personal digital assistant; laptop computer; computer tablet; sta…

49-1402. Parties to a crime. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared to be a crime, whether individually or in connection with one or more other persons or as a principal, agent, or accessory, shall…

49-1403. Offenses by persons owning or controlling vehicles. It shall be unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle, to require or knowingly permit the operation of the vehicle upon a highway in any manner contrary to l…

49-1404. Fleeing or attempting to elude a peace officer — Penalty. (1) Any driver of a motor vehicle who wilfully flees or attempts to elude a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signa…

49-1405. Arrests for serious offenses. (1) The authority to make an arrest is the same as upon an arrest for a felony when any person is charged with any of the following offenses: (a) Negligent homicide. (b) Driving, or being in actual physical control, of a vehicle or operating…

49-1406. When person must be taken immediately before a magistrate. Whenever any person is halted by a peace officer for any violation of the provisions of this title not amounting to a misdemeanor and demands an immediate appearance before a magistrate, he shall be taken without…

49-1407. When peace officer has option to take person before a magistrate. Whenever any person is halted by a peace officer for any misdemeanor violation of the provisions of this title and is not required to be taken before a magistrate, the person shall, in the discretion of th…

49-1408. Arrest of nonresident. (1) All of the provisions of this title apply both to residents and nonresidents of Idaho, except the special provisions in this section which shall govern misdemeanor violations in respect to nonresidents under the circumstances stated. (2) A peac…

49-1409. Issuance of traffic citation. Whenever a person is halted by a peace officer for a misdemeanor traffic violation and is not taken before a magistrate as required or permitted by this title, the officer shall issue a citation as provided by section 19-3901, Idaho Code, an…

49-1410. Authority of officer to issue citation at scene of accident. A peace officer at the scene of a traffic accident may issue a written traffic citation, as provided in section 19-3901, Idaho Code, to any driver of a vehicle involved in the accident when, based upon personal…

49-1411. Appearance before magistrate — Procedure. A person shall be taken before a magistrate or given a traffic citation and the charge subsequently processed, as provided by rule of the supreme court.

49-1412. Release of defendant when magistrate not available. Whenever any person is taken into custody by an officer for the purpose of taking him before a magistrate as authorized or required in this chapter upon any charge other than a felony or the offenses enumerated in subse…

49-1413. Procedure prescribed not exclusive. The provisions of this chapter shall govern all peace officers in making arrests without a warrant for misdemeanor violations of the provisions of this title, but the procedure prescribed shall not otherwise be exclusive of any other m…

49-1414. Conviction for traffic violation not to affect credibility of witness. The conviction of a person upon a charge of violating any provision of this title less than a felony shall not affect or impair the credibility of that person as a witness in any civil or criminal pro…

49-1415. Illegal cancellation of traffic citation — Audit of citation records. (1) Any person who cancels or solicits the cancellation of any traffic citation, in any manner other than as provided in this chapter, shall be guilty of a misdemeanor. (2) Every record of traffic cita…

49-1416. Record of traffic cases — Report of convictions to department. (1) Every magistrate or judge of a court shall keep or cause to be kept a record of every traffic complaint, traffic citation, or other legal form of traffic charge deposited with or presented to the court, a…

49-1417. Provisions of sections uniform throughout state. The provisions of sections 49-1401 and 49-1402, Idaho Code, shall be applicable and uniform throughout the state and in all political subdivisions and no local authority shall enact or enforce any ordinance, rule, or regul…

49-1418. Authorizing seizure of vessels, motor and other vehicles — Prohibiting defacing, altering or obliterating numbers — Sales prohibited. (1) Any peace officer or authorized transportation department employee, with or without a warrant, may seize and take possession of any v…

49-1419. Obedience to traffic direction. No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer, fireman or uniformed adult school crossing guard invested by law with authority to direct, control or regulate traffic.

49-1420. Interference with official traffic control devices or railroad signs or signals. No person shall, without lawful authority, attempt to or in fact alter, twist, deface, injure, knock down, remove or interfere with the effective operation of any traffic control device or a…

49-1421. Driving on divided highways — Restricted access. (1) Whenever any highway has been divided into two (2) or more traffic lanes by leaving an intervening space or by a physical barrier or a clearly indicated dividing section so constructed as to impede vehicular traffic, e…

49-1421A. high occupancy vehicle lanes — penalties — definitions. (1) Except as provided in subsections (2) and (3) of this section, a person shall not drive a vehicle carrying fewer than two (2) persons, including the driver, in a high occupancy vehicle lane at any time the use …

49-1422. Overtaking and passing school bus. (1) The driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching the school bus when there is in operation on a school bus the visual signals specified in section 4…

49-1423. Investigation of reported violation of failing to obey school bus warning devices. (1) The driver of a school bus who observes a violation of section 49-1422, Idaho Code, shall prepare a written report on a form provided by the department of education indicating that a v…

49-1424. Racing on public highways. (1) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shal…

49-1425. Railroad trains not to unnecessarily block crossings. No person or government agency shall operate any train in a manner as to prevent vehicular use of any highway for a period of time in excess of fifteen (15) consecutive minutes except: (1) When necessary to comply wit…

49-1426. Pedestrians under influence of alcohol or drugs. A pedestrian who is under the influence of alcohol or any drug to a degree which renders him a hazard shall not walk or be upon a highway except on a sidewalk.

49-1427. Vehicles transporting explosives. Any person operating a vehicle transporting any explosive as a cargo or part of a cargo, upon a highway, shall at all times comply with the provisions of this section. (1) The vehicle shall be marked or placarded on each side and the rea…

49-1428. Financial responsibility. (1) It shall be unlawful for any person to operate a motor vehicle upon highways without a valid policy of liability insurance in full force and effect in an amount not less than that provided in section 49-117, Idaho Code, or unless the person …

49-1429. False certificate. It shall be unlawful for anyone to alter, falsify, forge, counterfeit, or issue or make any certificate of liability insurance except as provided for in this title.

49-1430. Forged certificate. Any person who shall forge or, without authority, sign any declaration that a policy or bond is in effect, or any evidence of proof of financial responsibility, or who files or offers for filing any evidence of proof knowing or having reason to believ…

49-1431. motorcycle profiling. (1) No state or local law enforcement agent or law enforcement agency shall engage in motorcycle profiling. (2) For purposes of this section, "motorcycle profiling" means the arbitrary use of the fact that a person rides a motorcycle or wears motorc…

49-1432. automated license plate readers — data access and control. (1) For the purposes of this section: (a) "Agency" means the state of Idaho, any political subdivision of the state of Idaho, or any agency thereof. (b) "Automated license plate reader" means a device that passiv…