Title 49 — MOTOR VEHICLES

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, …

49-1701. Labor and material liens on motor vehicles. Every person has a lien, dependent upon possession, for the compensation to which he is legally entitled for making repairs or performing labor upon, and/or for the furnishing supplies or materials for, and/or for the towing, s…

49-1702. Form for notice of lien. To claim the benefits of the provisions of this chapter a lien claimant shall, prior to making any repairs, provide notice to the registered and legal owner of a motor vehicle of intended repairs, service, or storage at the request of a person in…

49-1703. Assignment of lien. Any lien provided for in this chapter may be assigned by written instrument accompanied by delivery of possession of the vehicle subject to the lien, and the assignee may exercise the rights of a lien holder. Any lien holder assigning a lien, as autho…

49-1704. Revival of lost liens. Whenever the lien upon any vehicle is lost by reason of the loss of possession through trick, fraud, or device, the repossession of the vehicle by the lien holder revives the lien, but any lien so revived is subordinate to any right, title or inter…

49-1705. Sale to satisfy liens. (1) When a possessory lienholder is not paid the amount of the lien due, within ten (10) days after the same becomes due, the lienholder may proceed to conduct a sale as provided by this section to satisfy the lien and costs of sale, if an authoriz…

49-1706. Release of owner’s interest in vehicle. (1) A registered or legal owner of a vehicle in the possession of a person holding a lien under the provisions of this chapter may release any interest in the vehicle after the lien has attached. (2) The release shall contain the f…

49-1707. Notice of sale. Prior to any sale the possessory lienholder shall give at least ten (10) days’ notice of the sale by advertising in one (1) issue of a newspaper of general circulation in the county in which the vehicle is located. Prior to the sale of any vehicle to sati…

49-1708. Inspection prior to sale. No lien sale conducted pursuant to this chapter shall be undertaken unless the vehicle has been available for public inspection, at a location easily accessible to the public, for at least one (1) hour before sale. Sealed bids shall not be accep…

49-1709. Disposition of proceeds. (1) The proceeds of a lien sale shall be disbursed as follows: (a) To discharge the lien; then to actual costs of selling the property. The cost of selling shall be the actual cost, not to exceed seventy-five dollars ($75.00), for each vehicle; (…

49-1710. Unlawful removal or obtaining of vehicle subject to lien. No person shall obtain possession of any vehicle or any part of that vehicle, subject to a lien under the provisions of this chapter, through surreptitious removal or by trick, fraud, or device perpetrated upon th…

49-1801. ABANDONMENT PROHIBITED. (1) No person shall abandon a vehicle upon any highway. (2) No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

49-1802. PRESUMED RESPONSIBILITY. (1) The abandonment of any vehicle shall create a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the costs incurred in the removal, storage, and disposition of the veh…

49-1803. REMOVAL OF STOLEN VEHICLES. (1) Any authorized officer, upon discovery of a vehicle reported as stolen and not recovered, may cause it to be taken to and stored in an authorized impound yard in the custody of a tow company. (2) Within forty-eight (48) hours, excluding we…

49-1804. REMOVAL OF ACCIDENTS — DRIVER ARRESTS — VEHICLES FOUND UNDER EXTRAORDINARY CIRCUMSTANCES. Any authorized officer who dispatches a call to request the removal of a vehicle under the authority of this chapter or the provisions of section 49-662, Idaho Code, as the result o…

49-1805. REMOVAL OF roadside ABANDONED VEHICLES. (1) Upon discovery of an abandoned vehicle other than under extraordinary circumstances, an authorized officer shall attach on the vehicle, in plain view, a notice that the vehicle will be towed away after forty-eight (48) hours. T…

49-1806. REMOVAL or BOOTING OF UNAUTHORIZED AND ABANDONED VEHICLEs FROM REAL PROPERTY. (1) Any person having possession or control of real property, including commercial property, who finds an unauthorized vehicle standing on his property is permitted to have the vehicle removed …

49-1807. TOWED VEHICLE REMOVAL AND NOTIFICATION REQUIREMENTS. (1) Whenever a vehicle is towed pursuant to sections 49-1803 through 49-1806, Idaho Code, the following procedures shall be followed: (a) Law enforcement shall: (i) At the time of tow, except for vehicles towed under s…

49-1808. declaration of opposition. (1) In the event that the legal or registered owner of a vehicle towed under the provisions of this chapter wishes to dispute the fees, claim, disposition, or other issues related to the possessory lienholder, the owner may file a declaration o…

49-1809. TOW PROCEDURE HEARING. (1) Whenever an authorized officer initiates the tow or storage of a vehicle pursuant to the provisions of sections 49-1804 and 49-1805, Idaho Code, the agency authorizing the tow or storage shall provide the vehicle’s registered and legal owners o…

49-1810. CHARGES NOT OTHERWISE PROVIDED FOR. Every tow company in the process of towing, removing, or impounding a vehicle as directed by an authorized officer, except vehicles towed as part of an investigation or that are suspected stolen, shall upon request of the owner or his …

49-1811. CLAIMING OF VEHICLE — REFUSAL TO RELEASE VEHICLE. (1) The owner or lienholder of any vehicle removed or booted under the provisions of this chapter, except those vehicles impounded for investigation or suspected stolen, may take possession of the vehicle at any time prio…

49-1812. IDAHO STATE POLICE AUTHORIZED TOW LIST — BACKGROUND CHECKS. The Idaho state police shall establish and maintain an authorized tow list. To determine the suitability of applicants for inclusion on the Idaho state police-authorized tow list, the Idaho state police shall re…

49-1813. local government TOW LISTS. Any county or city, including any law enforcement agency of a county or city, that maintains an authorized tow list shall document and make publicly available the qualifications to be added to or removed from such tow list.

49-1814. FEES, STORAGE, AND ACCESS TO VEHICLE. (1) Whenever a vehicle has been towed under the provisions of this chapter, reasonable efforts shall be made to secure and prevent further damage to the vehicle being stored. (2) A towing company shall furnish its rate sheet to the d…

49-1815. FEE TO ACCOMPANY INFORMATION REQUEST. Upon entering the towed vehicle information into the portal, the department shall receive a fee in accordance with section 49-202(2)(g), Idaho Code.

49-1816. ABANDONED VEHICLE TRUST ACCOUNT — APPROPRIATION AND USE. (1) There is hereby established in the state treasury the abandoned vehicle trust account. There shall be set aside, paid into, and credited to the fund the fees authorized under section 31-3201F, Idaho Code, colle…

49-1817. PROVISIONS OF SECTIONS UNIFORM THROUGHOUT STATE. The provisions of this chapter shall be applicable and uniform throughout the state and in all political subdivisions. No local or state authority shall enact or enforce any ordinance, rule, or regulation in conflict with …

49-1901. Enactment of western states transportation agreement. The Western States Transportation Agreement is hereby enacted into law and entered into with all other jurisdictions legally joining therein as follows: WESTERN STATES TRANSPORTATION AGREEMENT Pursuant to and in confo…

49-1902. Existing statutes not repealed. All existing statutes prescribing weight and size standards and all existing statutes relating to special permits shall continue to be of force and effect until amended or repealed by law.

49-1903. State government departments authorized to cooperate with cooperating committee. Within appropriations available therefor, the departments, agencies and officers of the government of this state may cooperate with and assist the cooperating committee within the scope cont…

49-1904. Filing of reports. Filing of reports as required by article IV, section 4, of the agreement shall be with the department. Any and all notices required by the cooperating committee by-laws shall be given to the designated representative of this state or his alternate, if …

49-2001. Enactment of compact. The driver license compact is hereby enacted into law and entered into with all other jurisdictions legally joined therein in the form substantially as follows: DRIVER LICENSE COMPACT ARTICLE I Findings and Declaration of Policy (a) The party states…

49-2002. Expenses of compact administrator. The compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on account of his service as the administrator, but shall be entitled to expenses incurred in connection with his …

49-2003. Judicial review of compact enforcement. Any act or omission of any official or employee of this state done or omitted pursuant to, or in enforcing, the provisions of the driver license compact shall be subject to review by the district court of Ada County or of any other…