Title 49 — MOTOR VEHICLES

49-101. Definitions. Words and phrases used in this title are defined in sections 49-102 through 49-127, Idaho Code. Words used in the masculine gender include the feminine gender, and the singular number includes the plural, as well as the plural the singular.

49-102. Definitions — A. (1) "Abandon" means to leave a vehicle on private property without the permission of the person having rights to the possession of the property, or on a highway or other property open to the public for the purposes of vehicular traffic or parking, or on o…

49-103. Definitions — B. (1) "Bicycle" means every vehicle propelled exclusively by human power upon which any person may ride, having two (2) tandem wheels, and except scooters and similar devices. (2) "Board" means the Idaho transportation board. (3) "Boat transporter" means an…

49-104. Definitions — C. (1) "Cancellation of driver’s license" means the annulment or termination by formal action of the department of a person’s driver’s license because of some error or defect in the driver’s license or because the licensee is no longer entitled to the driver…

49-105. Definitions — D. (1) "Dealer" means every person in the business of buying, selling or exchanging five (5) or more new or used vehicles, new or used neighborhood electric vehicles, new or used motorcycles, motor-driven cycles, snow machines or motorbikes, travel trailers,…

49-106. Definitions — E. (1) "Electric-assisted bicycle" means a bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts and that meets one (1) of the following requirements: (a) "Class 1 electric-assisted bicycle" means an e…

49-107. Definitions — F. (1) "Factory branch" means a branch office maintained by a person who manufactures or assembles vehicles for sale to distributors or to dealers, or for directing or supervising, in whole or in part, its representatives. (2) "Factory representative" means …

49-108. Definitions — G. (1) "Good cause" means the failure of a dealer to comply with reasonable performance criteria established by a manufacturer, if the dealer was apprised by the manufacturer, in writing, of that failure; and (a) The notification stated that notice was provi…

49-109. Definitions — H. (1) "Habitual violator" means any person who has a driving record that shows a violation point count of eighteen (18) or more points in any consecutive twenty-four (24) month period; or twenty-four (24) or more points in any consecutive thirty-six (36) mo…

49-110. Definitions — I. (1) "Identifying number" means: (a) Motor number. That identifying number stamped on the engine of a vehicle. (b) Vehicle identification number. The numbers and letters, if any, placed on a vehicle by the manufacturer for the purpose of identifying the ve…

49-111. Definitions — J. (1) "Judgment" means a decree which shall have become final by expiration without appeal by the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the …

49-113. Definitions — L. (1) "Laned highway" means a highway which is divided into two (2) or more clearly marked lanes for vehicular traffic. (2) "Lane of travel." (See "Traffic lane", section 49-121, Idaho Code) (3) "Legal owner" means any person notated as "lienholder" of a ve…

49-114. Definitions — M. (1) "Major component part" for vehicles means a rear or rear clip, frame or subframe, body or center, passenger area, cab, front or front end assembly or front clip or nose section or roof of passenger compartment. "Major component part" for vessels means…

49-115. Definitions — N. (1) "National network" means highways available to vehicles authorized by the provisions of the federal surface transportation assistance act of 1982 as amended, and listed in 23 CFR part 658, appendix A. (2) "Neighborhood electric vehicle." (See "Vehicle…

49-116. Definitions — O. (1) "Off-highway vehicle" or "OHV" means an off-highway vehicle as defined in section 67-7101, Idaho Code. (2) "Operator" means every person who is in actual physical control of a motor vehicle upon a highway or private property open to public use. (3) "O…

49-117. Definitions — P. (1) "Park" or "parking" means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. (2) "Park model recreational vehicle" means a recreation…

49-119. Definitions — R. (1) "Racing" means the use of one (1) or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle, or to test the physical stamina or endurance of drivers over …

49-120. Definitions — S. (1) "Saddlemount combination" means a combination of vehicles in which a truck or truck tractor tows one (1), two (2) or three (3) trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the vehicle in front of it. The saddle i…

49-121. Definitions — T. (1) "Temporary supplemental lot" means a location other than the principal place of business, or supplemental lot within the same or adjacent county as the principal place of business, where a licensed dealer may secure a license to conduct the business a…

49-122. Definitions — U. (1) "Unauthorized vehicle" means any vehicle parked or otherwise left on private property without the consent of the person owning or controlling that property. (2) "United States" means the fifty (50) states and the District of Columbia. (3) "Unladen wei…

49-123. Definitions — V. (1) "Variable load suspension axle" means an axle or axles designed to support a part of the vehicle and load and which can be regulated to vary the amount of load supported by such an axle or axles and which can be deployed or lifted by the operator of t…

49-124. Definitions — W. (1) "Wheelchair, motorized." (See "Motorized wheelchair," section 49-114, Idaho Code) (2) "Wholesaler" means a dealer who sells used vehicles to Idaho dealers. (3) "Work zone" means a construction or maintenance area that is located on or adjacent to a hi…

49-201. Duties of board. (1) With the exception of requirements for sections 49-217 and 49-218 and chapters 6 and 9, title 49, Idaho Code, which shall be the responsibility of the director of the Idaho state police, and section 49-447, Idaho Code, which shall be the responsibilit…

49-201B. Base state agreements. Pursuant to federal law, the Idaho transportation department is hereby authorized to enter into reciprocal agreements with the regulatory agencies of other states having jurisdiction and authority over motor carriers to provide for base state agree…

49-202. Duties of department. (1) All registration and driver’s license records in the office of the department shall be public records and open to inspection by the public during normal business hours, except for those records declared by law to be for the confidential use of th…

49-203. Prohibition on release and use of personal information contained in motor vehicle and driver records. (1) Except as otherwise provided, the department and any officer, employee, agent or contractor thereof, shall not knowingly disclose to any person or entity personal inf…

49-203A. Rules, policies and waiver procedures on disclosure of personal information. (1) The department is authorized to adopt rules in compliance with Idaho’s motor vehicle and driver record disclosure requirements. The rules may include procedures under which the department, u…

49-204. Misrepresentation to obtain records. Any person requesting disclosure of personal information from department records who misrepresents his identity or makes a false statement to the department on any application required to be submitted to obtain records shall be guilty …

49-205. Duties of local officers. (1) The assessors of the various counties of the state shall be agents of the department and shall perform duties prescribed in this title. With the concurrence of the department, a county assessor may appoint one (1) or more agents to perform th…

49-206. Provisions uniform throughout state. The provisions of this title shall be applicable and uniform throughout this state in all political subdivisions and municipalities and no local authority shall enact or enforce any ordinance on a matter covered by the provisions of th…

49-207. Municipal registration prohibited — Power to enact regulatory ordinances not abolished. (1) Authorities of counties and cities shall have no power to pass, enforce or maintain any ordinance requiring, from any owner of a vehicle or any dealer to which this title shall be …

49-208. Powers of local authorities. (1) The provisions of this title shall not be deemed to prevent local authorities with respect to highways under their jurisdiction and within the reasonable exercise of the police power from: (a) Regulating or prohibiting stopping, standing o…

49-209. Local traffic-control devices. Local authorities in their respective jurisdictions shall place and maintain traffic-control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this title, or local traffi…

49-210. Authority to restrict pedestrian crossings. Local authorities by ordinance and the department by erecting appropriate traffic-control devices, are hereby empowered within their respective jurisdictions to prohibit pedestrians from crossing any highway except in a crosswal…

49-211. Authority to close unmarked crosswalks. The department and local authorities in their respective jurisdictions may, after an engineering and traffic investigation, designate unmarked crosswalk locations where pedestrian crossing is prohibited or when pedestrians must yiel…

49-212. Authority for stop signs and yield signs. The department and local authorities with reference to highways under their jurisdiction may erect and maintain stop signs, yield signs, or other traffic-control devices to designate through highways, or to designate intersections…

49-213. Parking spaces for persons with a disability — Marking and signing — Enforcement. (1) Local governments and owners of private property open to public use shall designate parking zones and spaces to be used exclusively by vehicles displaying a special license plate for a p…

49-217. Regulations relative to school buses. Any officer or employee of any school or school district operating a school bus who violates any regulations promulgated in conformance with the provisions of section 49-201, Idaho Code, may be guilty of misconduct and subject to remo…

49-218. Designation of authorized emergency vehicles. The director of the Idaho state police shall designate any particular vehicle as an authorized emergency vehicle upon a finding that designation of that vehicle is necessary to the preservation of life or property, or to the e…

49-221. Removal of traffic hazards. (1) It shall be the responsibility of the owner of real property to remove from his property any hedge, shrubbery, fence, wall or other sight obstructions of any nature, except public traffic or highway signs, buildings and trees, where these s…

49-222. Rights of owners of real property. Nothing in this title shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner, and not as a matter of right, from prohibiting such use, or from requiring oth…

49-223. Sale of nonconforming traffic-control devices. A person shall not sell nor offer for sale any sign, signal, marking or other device intended to regulate, warn or guide traffic unless it conforms with the adopted state manual and specifications.

49-226. Filing false affidavit of theft or embezzlement of a vehicle. It shall be unlawful and a felony for the owner of any vehicle to file an affidavit as required in section 49-449, Idaho Code, knowing the same to be false or misleading.

49-227. Operating vehicle without owner’s consent. Any person who shall operate a vehicle, not his own, without the consent of the owner, and with intent temporarily to deprive the owner of his possession of such vehicle, without intent to steal the vehicle, shall be guilty of a …

49-228. Receiving or transferring stolen vehicles. Any person who, with intent to procure or pass title to a vehicle which he knows or has reason to believe has been stolen, shall receive or transfer possession of the vehicle from or to another, or who shall have in his possessio…

49-229. Injuring vehicle. Except as authorized by section 49-1806, Idaho Code, any person who shall individually, or in association with one (1) or more others, willfully break, injure, tamper with or remove any part or parts of any vehicle for the purpose of injuring, defacing o…

49-231. Farm implements — Purchasing or selling when identifying number altered or defaced a felony. Any person who knowingly buys, receives, disposes of, sells, offers for sale or has in his possession any tractor, trailer, or other farm implement or engine removed from a tracto…

49-232. Fraudulent removal or alteration of numbers prohibited. No person shall with fraudulent intent deface, destroy or alter the manufacturer’s serial or engine number or other distinguishing number or identification mark of a vehicle or a tractor, or other farm implement; nor…

49-235. Enforcement by peace officers. (1) The director of the Idaho state police, his officers and employees, and other peace officers as the director of the Idaho state police may authorize in writing may, upon reasonable cause, require the driver of a vehicle to stop and submi…

49-236. Penalties. (1) It is a misdemeanor for any person to violate any of the provisions of this title except the provisions of chapter 3, other than sections 49-301, 49-316, 49-331 and 49-332, Idaho Code, chapter 4 and chapters 6 through 9 of this title, unless otherwise speci…