Title 49, MOTOR VEHICLES

49-1226. Chapter not to prevent other process. Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon other processes provided by law.

49-1229. Required motor vehicle insurance. (1) Every owner of a motor vehicle which is registered and operated in Idaho by the owner or with his permission shall continuously, except as provided in section 41-2516, Idaho Code, provide insurance against loss resulting from liabili…

49-1230. Proof of compliance. Before any applicant required to register his motor vehicle may do so the applicant shall certify the existence of automobile liability insurance covering the motor vehicle on a form prescribed by the department. The department may immediately cancel…

49-1231. Certificate of liability insurance — How acquired. (1) A certificate of liability insurance to be effective must be issued by an insurance or surety company authorized to do business in this state, by an authorized agent of such a company, or by the director of the depar…

49-1232. Certificate or proof of liability insurance to be carried in motor vehicle. (1) A certificate or proof of liability insurance shall be in the possession of the operator of every motor vehicle or present in every motor vehicle at all times when the vehicle is operated wit…

49-1233. Motor carrier financial responsibility — Exemptions — Board rules. (1) Before registering any motor carrier for transporting persons or property, the department shall require verification from the motor carrier that it has obtained and has in effect liability and propert…

49-1234. online insurance verification system — peace officer duties — rulemaking. (1) The department shall establish and maintain an online insurance verification system for motor vehicle insurance coverage required by the provisions of this chapter, subject to the following: (a…

49-1301. Accidents involving damage to vehicle. (1) The driver of any vehicle involved in an accident, either on public or private property open to the public, resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at th…

49-1302. Duty to give information in accident involving damage to a vehicle. (1) The driver of any vehicle involved in an accident resulting in damage to any vehicle which is driven or attended by any person shall, at the scene of the accident, give his name, address and, if avai…

49-1303. Duty upon striking unattended vehicle. The driver of any vehicle which collides with any unattended vehicle shall immediately stop, and then and there either locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the veh…

49-1304. Duty upon striking fixtures upon or adjacent to a highway. The driver of any vehicle involved in an accident resulting in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in ch…

49-1305. Immediate notice of accidents. (1) The driver of a vehicle involved in an accident resulting in injury to or death of any person, or damage to the property of any one (1) person in excess of one thousand five hundred dollars ($1,500) shall immediately, by the quickest me…

49-1306. Written reports of accidents. (1) Every law enforcement officer, who in the regular course of duty investigates a motor vehicle accident, either at the time of and at the scene of the accident, or thereafter by interviewing participants or witnesses, shall within twenty-…

49-1307. Accident report forms. (1) The department shall prepare and upon request supply to police departments, coroners, sheriffs, garages, and other suitable agencies or individuals, forms for written accident reports required by this chapter, appropriate with respect to the pe…

49-1308. Filing false accident reports. It is unlawful for any person to file an accident report knowing the same to be false.

49-1309. Coroners to report. Every coroner or other official performing like functions shall, on or before the 10th day of each month, report in writing to the department the death of any person within his jurisdiction during the preceding calendar month as the result of a traffi…

49-1310. Garages to report. The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident of which a report is required as provided in section 49-1306, Idaho Code, or struck by any bullet, shall…

49-1311. Accident reports. All accident reports made by garages shall be without prejudice to the individual reporting and shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and shall be used for accident prevention purposes.

49-1312. Department to tabulate and analyze accident reports. The department shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number of circumstances of traffic accidents…

49-1313. Any incorporated city may require accident reports. Any incorporated city may by ordinance require that the driver of a vehicle involved in an accident also file with a designated city department a report of an accident or a copy of any report required to be filed with t…

49-1314. Testing blood of persons killed in accidents. (1) The director of the Idaho state police, jointly with the various county coroners, shall provide a system and procedure whereby all coroners in Idaho shall obtain blood samples from all pedestrians and motor vehicle operat…

49-1315. Report and investigation of traffic hazard causing accident. Whenever any investigation or judicial action stemming from a traffic accident which resulted in death or injury to any person or damage to any property in an apparent extent of five hundred dollars ($500) or m…

49-1316. Erection of memorials to persons killed in traffic accidents. As a means of promoting safety upon the highways of this state, the transportation department, the state police and other law enforcement officers shall permit relatives or friends of a person killed in a traf…

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 …