Title 49 — MOTOR VEHICLES

49-1601. Unlicensed dealers and salesmen prohibited. It shall be unlawful for any person to act as a dealer or salesman, wholesaler, manufacturer of vehicles or a manufacturer, distributor, factory branch, or distributor branch representative, without first having procured a lice…

49-1601A. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds that the distribution and sale of motor vehicles within this state vitally affects the general economy of the state, the public interest, and the public welfare. (2) In order to promote the public interest and t…

49-1602. Administration — Powers and duties. The department shall: (1) Issue, and for reasonable cause shown, refuse to issue an applicant any license authorized under the provisions of this chapter. The department may refuse to issue all license types to any applicant, other tha…

49-1603. Dealer advisory board — duties. (1) There shall be a dealer advisory board to consist of eleven (11) members to assist and advise the department in the administration of the provisions of this chapter. Five (5) members shall be appointed from licensed dealers selling new…

49-1604. Records as evidence. Copies of all records and papers in the office of the director, authenticated under the hand and seal of the director, shall be received in evidence in all cases equally and with like effect as the original.

49-1605. Change of franchise status. Should the dealer change to, or add another franchise for the sale of new vehicles, or cancel or, for any cause whatever, otherwise lose a franchise for the sale of new vehicles, he shall immediately notify the department.

49-1606. Classes of licenses — Nonresident dealers. Licenses issued under the provisions of this chapter shall be as follows: (1) A dealer’s license shall permit the licensee to engage in the business of selling or exchanging new and used vehicles, new and used motorcycles, motor…

49-1607. Fees — Funds — Expenses — Expiration of licenses. (1) The department shall collect with each application for licensure the following fees: (a) Dealer’s, wholesale dealer’s and vehicle manufacturer’s license, initial application, two hundred dollars ($200). Ten dollars ($…

49-1608. License bond. (1) Before any dealer’s license shall be issued by the department to any applicant, the applicant shall procure and file with the department good and sufficient bond in the amount shown, conditioned that the applicant shall not practice any fraud, make any …

49-1608A. Dealer and manufacturer liability insurance. Every dealer and vehicle manufacturer shall, as a condition of issuance or renewal of a dealer or vehicle manufacturer license by the department, continuously provide insurance against loss resulting from liability imposed by…

49-1608B. Idaho consumer asset recovery fund established — Expenditures authorized. (1) There is hereby created in the state treasury an account to be known as the "Idaho consumer asset recovery fund" (ICAR), hereinafter referred to as the "fund." Moneys in the fund are hereby co…

49-1608C. creation of board and fees. (1) The Idaho consumer asset recovery fund (ICAR) shall be administered by the Idaho consumer asset recovery control board, hereinafter referred to as the "board." The board shall be comprised of the director of the Idaho transportation depar…

49-1608D. new applicants and suspension of fees. In addition to the fees collected pursuant to section 49-1608C, Idaho Code, applicants for an initial motor vehicle dealer’s license shall maintain a license bond pursuant to section 49-1608, Idaho Code, for three (3) consecutive y…

49-1608E. submission of claims. (1) Except as otherwise provided in this section, whenever any person is awarded a final judgment certified in a court of competent jurisdiction in the state of Idaho for: (a) Any actual loss or damage in connection with the purchase or lease of a …

49-1608F. payment of claims — maximum. (1) The maximum claim of one (1) judgment creditor against the fund, based on an unpaid certified judgment arising out of any loss or damage by reason of a claim submitted pursuant to section 49-1608E, Idaho Code, involving a single transact…

49-1609. Manufacturer or dealer to give notice of sale or transfer. Every manufacturer or dealer, upon transferring a vehicle, whether by sale, lease or otherwise, to any person other than a manufacturer or dealer, shall within thirty (30) calendar days, give written notice of th…

49-1609A. Satisfaction of liens prior to resale of vehicle. (1) When a motor vehicle dealer licensed pursuant to this chapter takes possession of a vehicle for purposes of resale, the dealer shall have ten (10) business days from the date of possession to satisfy in full any and …

49-1610. Right of action for loss by fraud — Process. (1) If any person shall suffer any loss or damage by reason of any fraud practiced on him or fraudulent representation made to him by a licensed dealer or one (1) of the dealer’s salesmen acting for the dealer, in his behalf o…

49-1611. Display, form and custody of dealer’s and salesman’s license. The department shall prescribe each form of the vehicle dealer’s and salesman’s license. It shall be the duty of each dealer to display conspicuously his own license in his place of business. The department sh…

49-1612. Notice of change of address. (1) The department shall not issue a dealer’s license to any applicant who does not have a principal place of business. Should the dealer change the site or location of his principal place of business, he shall immediately upon making the cha…

49-1613. Unlawful acts by licensee. (1) It shall be unlawful for the holder of any license issued under the provisions of this chapter to: (a) Intentionally publish or circulate any advertising that is misleading or inaccurate in any material particular or that misrepresents any …

49-1614. Termination, cancellation or nonrenewal. (1) Notwithstanding the terms, provisions or conditions of any franchise agreement, or any waiver, a manufacturer shall not cancel, terminate or fail to renew any franchise agreement with a dealer unless the manufacturer has satis…

49-1615. Succession to ownership. Notwithstanding the terms, provisions or conditions of any franchise: (1) A licensee may appoint by will, or any other written instrument, a designated family member to succeed in the ownership interest in the dealership. (2) Unless there exists …

49-1616. Limitations on establishing or relocating dealers. (1) In the event that a manufacturer seeks to enter into a franchise establishing an additional dealership or relocating an existing dealership within a radius of ten (10) miles from where the same line is represented, t…

49-1617. Protests — Hearings — Costs. (1) Within twenty (20) days of the completion of mediation, a dealer may file with the department to protest: (a) The termination, cancellation, or nonrenewal of a franchise; (b) The establishment or relocation of a dealership; (c) A refusal …

49-1617A. MEDIATION of disputes. (1) All disputes between a manufacturer or a distributor and a new vehicle dealer alleging a violation of any provision of this chapter or any other provision of Idaho law are subject to mediation as provided for in this section. A demand for medi…

49-1617B. Standing to bring an action. (1) The following entities have standing to seek redress for violations of this chapter or of any other provision of Idaho law relating to or affecting the relationship between a manufacturer or a distributor and a new vehicle dealer: (a) A …

49-1618. Denial or revocation of license requires hearing. (1) Before the department shall refuse to issue to any applicant a license provided for in this chapter, and before revoking or suspending any license, it shall give the applicant or licensee written notice of the action …

49-1619. Production of witnesses and documents. In the preparation and conduct of hearings, the department has the power to require the attendance and testimony of any witness, the production of any papers or books, may sign and issue subpoenas, administer oaths and examine witne…

49-1620. Report of findings. The director shall state in writing his decision after the hearing. If the director determines that an applicant is not qualified to receive a license, no license shall be granted, and if the director determines that a license holder has violated any …

49-1621. Judicial review. Any party to a hearing before the department, or any party to a hearing has the right to judicial review in the district court. Appeals shall be as provided in chapter 52, title 67, Idaho Code.

49-1622. Product liability responsibility. A manufacturer must file with the department a copy of the delivery and preparation obligations required to be performed by a dealer prior to the delivery of a new vehicle to a buyer. These delivery and preparation obligations constitute…

49-1623. Product liability indemnification. Notwithstanding the terms of any franchise agreement, it shall be unlawful for any manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement for damages, including court costs and reas…

49-1624. Disclosure of damage required. On any new vehicle, any uncorrected damage or any corrected damage exceeding six percent (6%) of the manufacturer’s suggested retail price, as measured by retail repair costs, must be disclosed in writing prior to delivery. Damage to glass,…

49-1625. Repaired damage not grounds for rejection. Repaired damage to a customer-ordered new vehicle, not exceeding the six percent (6%) requirement, shall not constitute grounds for rejection of the customer order. The customer’s right of rejection ceases upon his acceptance of…

49-1626. Payment for delivery preparation and warranty service. (1) Each manufacturer or distributor shall specify in writing to each of its dealers licensed in this state, the dealer’s obligations for predelivery preparation and warranty service on its products, compensate the d…

49-1627. Use of dealer and manufacturer license plate. (1) Any dealer or manufacturer license plate issued may, during the calendar year for which issued, be transferred from one (1) vehicle to another owned or operated by such manufacturer or dealer, in pursuance of his business…

49-1628. Use of vehicle dealer loaner plate. (1) A dealer shall maintain a log showing the vehicle identification number, date, reason for use, and the name of the person authorized to use the plate. (2) The user of a loaner plate shall carry identification showing dealer name, n…

49-1629. Odometers. (1) Nothing in this chapter shall prevent the service, repair or replacement of an odometer, provided the mileage as defined in section 49-114, Idaho Code, indicated remains the same as before the service, repair or replacement. Where the odometer is incapable…

49-1630. Purchaser plaintiff to recover costs and attorney’s fees. In any suit brought by the purchaser of a vehicle against the seller of that vehicle, the purchaser shall be entitled to recover his court costs and a reasonable attorney’s fee fixed by the court, if: (1) The suit…

49-1632. Applicability of chapter. (1) Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale, or has business dealings with respect to a new vehicle sale within this state, shall be subject t…

49-1633. Limitations. (1) Actions arising out of any provision of this chapter shall be commenced within a four (4) year period of the accrual of the cause of action. If a person liable under this chapter conceals the cause of action from the knowledge of the person entitled to b…

49-1634. Dealer sales — Minimum sales required for license renewal. (1) A vehicle dealer shall certify upon application for renewal of his dealer’s license that during the preceding licensing year he sold at least five (5) vehicles, either at retail or wholesale. (2) Failure to s…

49-1636. Consignment sales. (1) An owner who consigns a vehicle to a vehicle dealer to be offered for sale or exchange on behalf of the owner to a third party purchaser, shall provide the dealer with either the certificate of title to the vehicle along with a power of attorney de…

49-1637. Education requirements for vehicle dealers. (1) Except as provided in subsection (2) of this section, the following continuing education requirements shall apply to a vehicle dealer for an initial dealer’s license and for the annual renewal, as provided in sections 49-16…

49-1638. Manufacturer incentive programs for motor vehicle dealers. (1) A manufacturer or distributor shall pay a motor vehicle dealer’s claim for payment or other compensation due under a manufacturer incentive program within thirty (30) business days after receiving the claim, …