Title 49, MOTOR VEHICLES

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…

49-1501. Infraction citation — Issuance. A peace officer or authorized employee of the Idaho transportation department may issue an Idaho uniform citation for any infraction violation of the provisions of chapters 3, 4 and 6 through 9 of this title, or any other section of this t…

49-1502. Procedure for processing infraction citations. (1) The procedure for processing an infraction citation and the trial thereon, if any, shall be the same as provided for the processing of a misdemeanor citation under rules promulgated by the supreme court, except there sha…

49-1503. Penalties for violations of statutes and ordinances. (1) No local authority may, by ordinance, regulation or otherwise make any act a misdemeanor which, but for that ordinance or regulation, would constitute an infraction under any provision of this chapter and all such …

49-1504. Appeals — Procedures. (1) Any person found to have committed an infraction after a hearing by a court may appeal the findings to the district court in the same manner prescribed by law and rule for any criminal appeal from the magistrate’s division of the district court.…

49-1506. Provisions uniform throughout state. The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions.

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 an Idaho resident or a person who was an Idaho resident at the time of purchase is awarded a final judgment certified in a court of competent jurisdiction in the state of Idaho for: (a) Any…

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,…