§ 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 upon or within the right-of-way of any highway, for twenty-four (24) hours or longer.
2. “Abandoned vehicle” means any vehicle observed by an authorized officer or reported by a member of the public to have been left within the limits of any highway or upon the property of another without the consent of the property owner for a period of twenty-four (24) hours or longer, except that a vehicle shall not be considered abandoned if its owner-operator is unable to remove it from the place where it is located and has notified a law enforcement agency and requested assistance.
3. “Accident” means any event that results in an unintended injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load, a snowmobile or special mobile equipment.
4. “Actual physical control” means being in the driver’s position of a motor vehicle with the motor running or the vehicle moving.
5. “Administrator” means the federal highway administrator, the chief executive of the federal highway administration, an agency within the U.S. department of transportation.
6. “Age of a motor vehicle” means the age determined by subtracting the manufacturer’s year designation of the vehicle from the year in which the designated registration fee is paid. If the vehicle has the same manufacturer’s year designation as the year in which the fee is paid, or if a vehicle has a manufacturer’s year designation later than the year in which the fee is paid, the vehicle shall be deemed to be one (1) year old.
7. “Agricultural products” means the following unprocessed products:
   1. Agricultural, horticultural, floricultural and viticultural products;
   2. Fruits and vegetable products;
   3. Field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant byproducts, plant waste and plant compost;
   4. Livestock, dairy animals, swine, furbearing animals, poultry, eggs, fish and other aquatic species;
   5. Other animals, animal products and animal byproducts, animal waste and animal compost; and
   6. Bees, bee products and bee byproducts.
8. “Air-conditioning equipment” means mechanical vapor compression refrigeration equipment which is used to cool the driver’s or passenger compartment of any motor vehicle.
9. “Alcohol or alcoholic beverage” means:
   1. Beer as defined in 26 U.S.C. section 5052(a), of the Internal Revenue Code;
   2. Wine of not less than one-half of one percent (.005%) of alcohol by volume; or
   3. Distilled spirits as defined in section 5002(a)(8), of the Internal Revenue Code.
10. “Alley” means a public way of limited use intended only to provide access to the rear or side of lots or buildings in urban districts.
11. “All-terrain vehicle” or “ATV” means an all-terrain vehicle or ATV as defined in section 67-7101, Idaho Code. (12) “Amateur radio operator.” (See “Radio operator, amateur,” section 49-119, Idaho Code)
    1. In the business of testing equipment and systems;
    2. Recognized by the director as being qualified and equipped to do experimental testing; and
    3. Not under the jurisdiction or control of any single manufacturer or supplier for an affected industry.

(13) “Ambulance” means a motor vehicle designed and used primarily for the transportation of injured, sick, or deceased persons, on stretchers, cots, beds, or other devices for carrying persons in a prone position.

(14) “Applicant” means an individual who applies to obtain, transfer, upgrade, or renew a driver’s license.

(15) “Approved driver training course” means a training course from a school licensed under the provisions of chapter 21 of this title [chapter 54, title 54, Idaho Code,] or a driver training course approved by another United States jurisdiction provided the course was taken while an individual was a resident of that United States jurisdiction.

(16) “Approved testing agency” means a person, firm, association, partnership or corporation approved by the director of the Idaho state police which is:

(17) “Armed forces” means the army, navy, marine corps, coast guard and the air force of the United States.

(18) “Authorized emergency vehicle.” (See “Vehicle,” section 49-123, Idaho Code)

(19) “Authorized officer” means any member of the Idaho state police, or any regularly employed and salaried deputy sheriff, or other county employee designated to perform the function of removing abandoned vehicles or junk vehicles by the board of county commissioners of the county in which a vehicle is located, or any regularly employed and salaried city peace officer or other city employee designated to perform the function of removing abandoned vehicles or junk vehicles by the city council, or a qualified person deputized or appointed by the proper authority as reserve deputy sheriff or city policeman, authorized within the jurisdiction in which the abandoned vehicle or junk vehicle is located.

(20) “Authorized transportation department employee” means any employee appointed by the board to perform duties relating to enforcement of vehicle laws as have been specifically defined and approved by order of the board (see section 40-510, Idaho Code).

(21) “Auto transporter” means a vehicle combination constructed for the purpose of transporting vehicles.

(22) “Autocycle” means a motor vehicle designed to travel on not more than three (3) wheels in contact with the ground that has a steering wheel and seating that does not require the operator to straddle or sit astride.

§ 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 any vehicle combination designed and used specifically to transport assembled boats and boat hulls.
4. “Boot” means a device used by a towing company or other entity to temporarily immobilize or disable a motor vehicle for purposes of enforcing parking restrictions.
5. “Broker” means a person who, for a fee, commission, or other valuable consideration, arranges or offers to arrange a transaction involving the sale, but not resale, of a new vehicle, and who is not:
   1. A representative or an agent or employee of a representative;
   2. A distributor, agent or employee of a distributor; or
   3. At any point in the transaction, the owner of the vehicle involved in the transaction.
6. “Bus” means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a “bus” under the provisions of this title relating to equipment requirements, rules of the road, or registration.
7. “Business district.” (See “District”, section 49-105, Idaho Code)
8. “Buy.” (See “Sell”, “sold”, and “purchase”, section 49-120, Idaho Code)

§ 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’s license. The cancellation of a driver’s license is without prejudice and after compliance with requirements, the individual may apply for a new driver’s license at any time after cancellation.
2. “Caravaning” means the transportation of any motor vehicle into, out of, or within the state operating on its own wheels or in tow for the purpose of sale or offer of sale by any agent, dealer, manufacturer’s representative, purchaser, or prospective purchaser, regardless of residence unless the motor vehicle is licensed by the state of Idaho, or is owned by an automobile dealer, duly licensed as a dealer by this state. It shall also be considered as the transportation of property for hire by a motor vehicle upon the highways of this state.
3. “Certificate of liability insurance” means a certificate of liability insurance issued by an insurance company authorized to do business in this state or a certificate of liability insurance issued by the department of insurance which demonstrates current insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by accident and arising out of the operation, maintenance or use of a motor vehicle described in the certificate in an amount not less than that required by section 49-117(20), Idaho Code, and also demonstrates the current existence of any other coverage required by title 41, Idaho Code, or a certificate of self-insurance issued pursuant to law for each motor vehicle to be registered. A certificate of liability insurance shall contain the information required by the department of insurance, including the name and address of the owner of the motor vehicle and a description of the motor vehicle including identification number if there is one, or a statement that all vehicles owned by a person or entity are covered by insurance, the inception date of coverage, and the name of the insurer. “Certificate of liability insurance” may also include the original contract of liability insurance or a true copy, demonstrating the current existence of the liability insurance described in this subsection.
4. “Certification of safety compliance” means that a motor carrier certifies as part of its registration process that it has knowledge of the federal regulations and rules promulgated by the Idaho transportation department and the Idaho state police applicable to motor carriers.
5. “Chains” means metal traction devices required pursuant to section 49-948, Idaho Code, which consist of two (2) circular metal loops, one (1) on each side of the tire, connected by not less than nine (9) evenly spaced chains across the tire tread.
6. “Coerce” means to compel or attempt to compel by threat or use of force.
7. “Commercial coach.” (See section 39-4301, Idaho Code)
8. “Commercial driver’s license” means any class A, class B or class C driver’s license as defined in section 49-105, Idaho Code.
9. “Commercial driver license information system (CDLIS)” is the information system established to serve as a clearinghouse for locating information related to the licensing and identification of motor vehicle drivers.
10. “Commercial driver training school” means a business enterprise conducted by an individual, association, partnership, or corporation, for the education and training of persons, either practically or theoretically, or both, to operate or drive motor vehicles, and charging a consideration or tuition for such services. (11) “Commercial learner’s permit” means a permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383.5, that when carried with a valid driver’s license issued by the same state or jurisdiction, authorizes the individual to operate a commercial vehicle when accompanied by a holder of a valid commercial driver’s license (CDL) for purposes of behind-the-wheel training.
    1. The person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment. A conviction for purposes of this title shall also include an infraction judgment.
    2. For purposes of disqualification or withdrawal of commercial vehicle driving privileges only, “conviction” means an unvacated adjudication of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.

(12) “Commercial vehicle” or “commercial motor vehicle.” (See “Vehicle,” section 49-123, Idaho Code)

(13) “Compliance review” means an on-site examination of motor carrier operations, which may be at the carrier’s place of business, including driver’s hours of service, vehicle maintenance and inspection, driver qualifications, commercial driver’s license requirements, financial responsibility, accidents, hazardous materials, and such other related safety and transportation records to determine safety fitness.

(14) “Controlled substance” means any substance so classified under section 102(6) of the controlled substances act, 21 U.S.C. 802(6), and includes all substances listed on schedules I through V, of 21, CFR part 1308, as they may be revised from time to time.

(15) “Conviction” means:

(16) “Crosswalk” means:

(a) That part of a highway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable highway; and in the absence of a sidewalk on one side of the highway, that part of a highway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline.

(b) Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

§ 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, truck campers, all-terrain vehicles, utility type vehicles or motor homes in any calendar year, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise, or who has an established place of business for the sale, lease, trade, or display of these vehicles. No insurance company, bank, finance company, public utilities company, or other person coming into possession of any vehicle, as an incident to its regular business, who shall sell that vehicle under any contractual rights it may have, shall be considered a dealer. See also “salvage pool,” section 49-120, Idaho Code.
2. “Dealer’s selling agreement.” (See “Franchise,” section 49-107, Idaho Code)
3. “Department” means the Idaho transportation department acting directly or through its duly authorized officers and agents, except in chapters 6 and 9, title 49, Idaho Code, where the term means the Idaho state police, except as otherwise specifically provided.
4. “Designated family member” means the spouse, child, grandchild, parent, brother or sister of the owner of a vehicle dealership who, in the event of the owner’s death, is entitled to inherit the ownership interest in the dealership under the same terms of the owner’s will, or who has been nominated in any other written instrument, or who, in the case of an incapacitated owner of a dealership, has been appointed by a court as the legal representative of the dealer’s property.
5. “Director” means the director of the Idaho transportation department, except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the director of the Idaho state police.
6. “Disclose” means to engage in any practice or conduct to make available and make known personal information contained in records of the department about a person to any other person, organization or entity, by any means of communication.
7. “Disqualification” as defined in 49 CFR part 383, means withdrawal by the department of commercial vehicle driving privileges.
8. “Distributor” means any person, firm, association, corporation or trust, resident or nonresident, who has a franchise from a manufacturer of vehicles to distribute vehicles in this state, and who in whole or in part sells or distributes new vehicles to dealers or who maintains distributor representatives.
9. “Distributor branch” means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained.
10. “Distributor representative” means any person, firm, association, corporation or trust, and each officer and employee thereof engaged as a representative of a distributor or distributor branch of vehicles for the purpose of making or promoting the sale of vehicles, or for supervising or contacting dealers or prospective dealers.
11. “District” means: (a) Business district. The territory contiguous to and including a highway when within any six hundred (600) feet along the highway there are buildings in use for business or industrial purposes, including hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the highway.
12. “Documented vessel” means a vessel having a valid marine document as a vessel of the United States.
13. “Downgrade” as it pertains to commercial drivers licensing shall mean either:
    1. The driver has changed his or her medical requirement self-certification to interstate but operates exclusively in transportation or operations excepted from part 391 of the federal motor carrier safety regulations; or
    2. The driver has changed his or her medical requirement self-certification to intrastate and operates exclusively in transportation or operations as listed in section 67-2901B(2), Idaho Code; or
    3. The driver no longer has commercial motor vehicle driving privileges, but has retained privileges to drive noncommercial motor vehicles.
14. “Drag race” means the operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one (1) or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicles within a certain distance or time limit.
15. “Driver” means every person who drives or is in actual physical control of a vehicle.
16. “Driver’s license” means a license or permit issued by the department or by any other jurisdiction to an individual which authorizes the individual to operate a motor vehicle or commercial motor vehicle on the highways in accordance with the requirements of title 49, Idaho Code.
17. “Driver’s license — Classes of” are issued for the operation of a vehicle based on the size of the vehicle or the type of load and mean:
    1. Class A. This license shall be issued and valid for the operation of any combination of motor vehicles with a manufacturer’s gross combination weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds, provided the manufacturer’s gross vehicle weight rating (GVWR) of the vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Persons holding a valid class A license may also operate vehicles requiring a class B, C or D license.
    2. Class B. This license shall be issued and valid for the operation of any single vehicle with a manufacturer’s gross vehicle weight rating (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds manufacturer’s gross vehicle weight rating (GVWR). Persons holding a valid class B license may also operate vehicles requiring a class C license or a class D license.
    3. Class C. This license shall be issued and valid for the operation of any single vehicle or combination of vehicles that does not meet the definition of class A or class B, as defined in this section, but that either is designed to transport sixteen (16) or more people including the driver, or is of any size which does not meet the definition of class A or class B and is used in the transportation of materials found to be hazardous according to the hazardous material transportation act and which requires the motor vehicle to be placarded under the federal hazardous materials regulations 49 CFR part 172, subpart F. Persons holding a valid class C license may also operate vehicles requiring a class D license.
    4. Class D. This license shall be issued and valid for the operation of a motor vehicle that is not a commercial vehicle as defined in section 49-123, Idaho Code.
    5. “Seasonal driver’s license” means a special restricted class B or C driver’s license to operate certain commercial vehicles in farm-related industries under restrictions imposed by the department. As used in this definition, “farm-related industry” shall mean custom harvesters, farm retail outlets and suppliers, agri-chemical businesses and livestock feeders. Seasonal driver’s licenses are not valid for driving vehicles carrying any quantities of hazardous material requiring placarding, except for diesel fuel in quantities of one thousand (1,000) gallons or less, liquid fertilizers, i.e., plant nutrients, in vehicles or implements of husbandry with total capacities of three thousand (3,000) gallons or less, and solid fertilizers, i.e., solid plant nutrients, that are not mixed with any organic substance.
18. “Driver record” means any record that pertains to an individual’s driver’s license, driving permit, driving privileges, driving history, identification documents or other similar credentials issued by the department.
19. “Driver’s license endorsements” means special authorizations that are required to be displayed on a driver’s license which permit the driver to operate certain types of commercial vehicles or commercial vehicles hauling certain types of cargo, or to operate a motorcycle or a school bus.
    1. “Endorsement T — Double/Triple trailer” means this endorsement is required on a class A, B or C license to permit the licensee to operate a vehicle authorized to tow more than one (1) trailer.
    2. “Endorsement H — Hazardous material” means this endorsement is required on a class A, B or C license if the driver is operating a vehicle used in the transportation of materials found to be hazardous according to the hazardous material transportation act and which requires the motor vehicle to be placarded under the federal hazardous materials regulations 49 CFR part 172, subpart F.
    3. “Endorsement P — Passenger” means this endorsement is required on a class A, B or C license to permit the licensee to operate a vehicle designed to transport sixteen (16) or more people including the driver.
    4. “Endorsement N — Tank vehicle” means this endorsement is required on a class A, B or C license to permit the licensee to operate a tank vehicle as defined in section 49-123, Idaho Code.
    5. “Endorsement M — Motorcycle” means this endorsement is required on a driver’s license to permit the driver to operate a motorcycle or motor-driven cycle.
    6. “Endorsement S — School bus” means this endorsement is required on a class A, B or C license to permit the licensee to operate a school bus in accordance with 49 CFR part 383, to transport preprimary, primary or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier. (20) “Driveway” means a private road giving access from a public way to a building on abutting grounds.

(b) Residential district. The territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred (300) feet or more is in the main improved with residences, or residences and buildings in use for business.

(c) Urban district. The territory contiguous to and including any highway which is built up with structures devoted to business, industry or dwelling houses. For purposes of establishing speed limits in accordance with the provisions of section 49-654, Idaho Code, no state highway or any portion thereof lying within the boundaries of an urban district is subject to the limitations which otherwise apply to nonstate highways within an urban district.

(21) “Dromedary tractor” means every motor vehicle designed and used primarily for drawing a semitrailer and so constructed as to carry manifested cargo in addition to a part of the weight of the semitrailer.

§ 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:
   1. “Class 1 electric-assisted bicycle” means an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases when the rider stops pedaling or when the bicycle reaches the speed of twenty (20) miles per hour.
   2. “Class 2 electric-assisted bicycle” means an electric-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour.
   3. “Class 3 electric-assisted bicycle” means an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases when the rider stops pedaling or when the bicycle reaches the speed of twenty-eight (28) miles per hour.
2. “Electric personal assistive mobility device” means a self-balancing two (2) nontandem wheeled device designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour or less.
3. “Emergency vehicle.” (See “Vehicle,” section 49-123, Idaho Code)
4. “Encumbrance.” (See “Lien,” section 49-113, Idaho Code)
5. “EPA” means the environmental protection agency of the United States.
6. “Essential parts” means all integral and body parts of a vehicle of a type required to be registered, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation.
7. “Established place of business” means a place occupied either continuously or at regular periods by a dealer or manufacturer where his books and records are kept and a large share of his business is transacted.
8. “Excessive” or “unusual noise” means any sound made by a passenger motor vehicle or a motorcycle at any time under any condition of grade, speed, acceleration or deceleration, which exceeds ninety-two (92) decibels, or any lower decibel level that is fixed by law or rules adopted by the board of health and welfare, on the “A” scale of a general radio company no. 1551-B sound level meter, or equivalent, stationed at a distance of not less than twenty (20) feet to the side of a vehicle or motorcycle as the vehicle or motorcycle passes the soundmeter or is stationed not less than twenty (20) feet from a stationary motor or engine.
9. “Excessive speed” means any speed of fifteen (15) miles per hour or more above the posted speed limit, and is only for purposes of determining disqualification of commercial driving privileges.
10. “Executive head,” as used in chapter 20, title 49, Idaho Code, means the governor of the state of Idaho.
11. “Explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases with which the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. (12) “Extraordinary circumstances” means any situation where an emergency exists or public safety is endangered, or any situation in which a vehicle:
    1. Is blocking or impeding traffic; or
    2. Is causing a hazard; or
    3. Has the potential of impeding any emergency vehicle; or
    4. Is impeding any snow removal or other road maintenance operation; or
    5. Has been stolen but not yet reported as recovered; or
    6. Is not registered, or displays a license plate registration tag which has been expired; or
    7. Has been involved in an accident and remains on the highway; or
    8. The driver of which has been arrested.

§ 49-106A. [Amended and Redesignated.]

§ 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 any person and each officer and employee engaged as a representative of a manufacturer of vehicles or by a factory branch for the purpose of making or promoting a sale of their vehicles, or for supervising or contacting their dealers or prospective dealers.
3. “Farm tractor” means every motor vehicle designed or adapted and used primarily as a farm implement power unit operated with or without other farm implements attached in any manner consistent with the structural design of that power unit.
4. “Farm vehicle.” (See “Vehicle,” section 49-123, Idaho Code)
5. “Federal motor vehicle safety standards (FMVSS)” means those safety standards established by the national highway traffic safety administration, under title 49 CFR part 500-599, for the safe construction and manufacturing of self-propelled motorized vehicles for operation on public highways. Such vehicles as originally designed and manufactured shall be so certified by the manufacturer to meet the federal motor vehicle safety standards or the standards in force for a given model year or as certified by the national highway traffic safety administration.
6. “Felony” means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year.
7. “Fifth wheel trailer.” (See “Trailer,” section 49-121, Idaho Code)
8. “Financial institution” means any bank that is authorized to do business in the state of Idaho and any other financial institution that is registered with the department of finance.
9. “Flammable liquid” means any liquid which has a flash point of 70 degrees Fahrenheit, or less, as determined by a tagliabue or equivalent closed-cup test device.
10. “Fleet” means one (1) or more apportionable vehicles.
11. “Fleet registration” means an optional form of registration through the department rather than a county assessor for registration of twenty-five (25) or more commercial or farm vehicles or any combination thereof. This registration is not an option for fleets of rental vehicles. Terms and conditions are further specified in section 49-434(5), Idaho Code.
12. “Fold down camping trailer.” (See “Trailer,” section 49-121, Idaho Code)
13. “Foreign vehicle.” (See “Vehicle,” section 49-123, Idaho Code)
14. “Forest products” means all products derived from trees including, but not limited to, saw logs, veneer logs, poles, cedar products, pulp logs, fence posts, wood chips and every form into which a fallen tree may be cut before it is manufactured into lumber or run through a processing mill or cut into cordwood, stove wood or hewn ties.
15. “Franchise” means a sales, service and parts agreement or any other contract or agreement between a dealer and a manufacturer of new vehicles or its distributor or factory branch by which the dealer is authorized to engage in the business of selling any specified make or makes of new vehicles.

§ 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
   1. The notification stated that notice was provided of failure of performance;
   2. The dealer was afforded a reasonable opportunity, for a period of not less than six (6) months, to comply with the criteria; and
   3. The dealer did not demonstrate substantial progress toward compliance with the performance criteria of the manufacturer during the period.
2. “Gross combination weight rating (GCWR)” for the purposes of chapter 4, title 49, Idaho Code, means the value specified by the manufacturer as the maximum loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon or registered weight rating whichever is greater. Towed units shall not include implements of husbandry. For the purposes of chapter 3, title 49, Idaho Code, “gross combined weight rating (GCWR) is as defined in 49 CFR part 383.
3. “Gross vehicle weight rating (GVWR)” for the purposes of chapter 4, title 49, Idaho Code, means the value specified by the manufacturer as the maximum loaded weight of a single vehicle or registered weight rating, whichever is greater. For the purposes of chapter 3, title 49, Idaho Code, “gross vehicle weight rating (GVWR) is as defined in 49 CFR part 383.
4. “Gross weight” means the weight of a vehicle without load plus the weight of any load on that vehicle.
5. “Group of vehicles” is one motor vehicle operated under its own motive power with one (1) motor vehicle in tow, or one or more motor vehicles in tow in saddlemount fashion, providing that saddlemounting meets the requirements prescribed by the United States department of transportation.

§ 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) month period.
2. “Hazardous material” means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of material listed as a select agent or toxin under 42 CFR part 73.
3. “Hazardous waste” means a material that is subject to the hazardous waste manifest requirements of the EPA due to the type and quantity of the material or that would be subject to these requirements absent an interim authorization to the state under title 40, code of federal regulations or that includes in whole or in part polychlorinated biphenyls regulated by title 40, code of federal regulations, part 761.
4. “Highway” means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic. The term “street” is interchangeable with highway.
   1. Arterial. Any highway designated by the local authority as part of a major arterial system of highways within its jurisdiction.
   2. Controlled-access. Any highway or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway except at such points only or in such manner as may be determined by the public authority having jurisdiction over the highway.
   3. Through. Any highway or portion of it on which vehicular traffic is given preferential right-of-way and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on the through highway in obedience to a stop sign, yield sign, or other traffic-control device.

§ 49-110. Definitions — I.

1. “Identifying number” means:
   1. Motor number. That identifying number stamped on the engine of a vehicle.
   2. Vehicle identification number. The numbers and letters, if any, placed on a vehicle by the manufacturer for the purpose of identifying the vehicle.
2. “Implements of husbandry” means every vehicle including self-propelled units, designed or adapted and used exclusively in agricultural, horticultural, dairy and livestock growing and feeding operations. Such implements include, but are not limited to, combines, discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers, harvesting and stacking equipment, pesticide applicators, plows, swathers, mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or drawing any implement of husbandry shall be construed to be an implement of husbandry. “Implements of husbandry” do not include semitrailers, nor do they include motor vehicles or trailers, unless their design limits their use to agricultural, horticultural, dairy or livestock growing and feeding operations.
3. “Incidentally operated” means the transport of the implement of husbandry from one (1) farm operation to another.
4. “Individual record” means a record containing personal information about a designated person who is the subject of the record as identified in a request for information.
5. “Infraction” means a civil public offense, not constituting a crime, which is not punishable by incarceration and for which there is no right to a trial by jury or right to court-appointed counsel, and which is punishable by only a penalty not exceeding three hundred dollars ($300) and no imprisonment.
6. “Instruction permits”:
   1. “Class A, B or C instruction permit.” (See “Commercial learner’s permit,” section 49-104, Idaho Code)
   2. “Class D driver’s training instruction permit” means a temporary privilege to operate a class D motor vehicle while attending classes as an enrollee of a public or private driver’s training course only; is available to a person aged fourteen and one-half (14 ½) years and older; is issued to the instructor of the driver’s training course; is issued and expires pursuant to the provisions of section 49-307, Idaho Code; and the permittee is subject to the conditions specified in section 49-307, Idaho Code.
   3. “Class D instruction permit” means a temporary privilege to operate a class D motor vehicle which is available to a person under the age of seventeen (17) years who has successfully completed an approved driver’s training course and has satisfied the requirements of a class D supervised instruction permit, or to any person seventeen (17) years of age or older; is valid for a period of one hundred eighty (180) days or as provided in section 49-305, Idaho Code, if applicable; privileges are limited to driving with a person who is at least eighteen (18) years of age who holds a valid class D driver’s license and is actually occupying a seat beside the permittee; is issued pursuant to the provisions of section 49-305, Idaho Code; and the permittee is subject to the conditions specified in section 49-305, Idaho Code.
   4. “Class D supervised instruction permit” means a temporary privilege to operate a class D motor vehicle which is available to a person who is at least fourteen and one-half (14 ½) years of age who has successfully completed an approved driver’s training course. No person may apply for a class D driver’s license until he has attained the age of at least fifteen (15) years and has successfully satisfied the requirements of this permit, as specified and issued pursuant to the provisions of section 49-307, Idaho Code. (7) “Instructor” means any person, whether acting for himself as operator of a commercial driver training school or for such a school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises practice of, persons learning to operate or drive motor vehicles.

(8) “Insurer” means any insurer, public or private, which shall include, but not be limited to, insurance companies domiciled in the state of Idaho, agents, adjuster or any other person acting on behalf of any insurance not domiciled in the state of Idaho and any self-insured entity operating under Idaho insurance laws or rules.

(9) “International registration plan” means a registration reciprocity agreement among the states of the United States and provinces of Canada providing for payment of registration and licensing fees on a proportional basis determined by the fleet miles operated in the various jurisdictions.

(10) “Intersection” means:

(a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(b) Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event an intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of the highways shall be regarded as a separate intersection.

(c) The junction of an alley with a street or highway shall not constitute an intersection.

§ 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 United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement or settlement for damages.
2. “Jurisdiction” means and includes a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country and a state or province of a foreign country.

§ 49-112. Definitions

K. [Reserved.]

§ 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 vehicle, the notation appearing on the title records of the department and on the respective certificate of title.
4. “License” or “license to operate a motor vehicle” means any driver’s license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:
   1. Any temporary license or instruction permit;
   2. Any nonresident’s operating privilege;
   3. Any special permit issued by the department.
5. “Licensing authority” as used in chapter 20 of this title with reference to Idaho, means the department.
6. “Lien” or “encumbrance” means every security interest in any vehicle other than security interests in vehicles held in inventory for sale.
7. “Lienholder” means a person holding a security interest in a vehicle.
8. “Light weight” or “unladen weight” means the scale weight of a vehicle equipped for operation, but without any cargo on it.
9. “Limit line” or “stop line” means a solid white line extending across a highway indicating the point behind which vehicles are required to stop, which must conform to the manual and specifications adopted by the board pursuant to section 49-201, Idaho Code.
10. “Local authorities” means every county, highway district, municipal and other local board or body having authority to enact regulations, resolution and/or ordinances relating to traffic on the highways, public rights-of-way and streets under their jurisdiction under the constitution and laws of this state.

§ 49-113a. Fees for duplicate registration stickers. [Repealed.]

§ 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 a hull, bow, gunnel, stern or transom, or permanently attached propulsion unit.
2. “Manifest” means a form used for identifying the quantity, composition, origin, routing, waste or material identification code and destination of hazardous material or hazardous waste during any transportation within, through, or to any destination in this state.
3. “Manufactured home.” (See section 39-4105, Idaho Code)
4. “Manufacturer” means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state. The term, for purposes of sections 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall include a distributor and other factory representatives.
5. “Manufacturer’s year designation” means the model year designated by the vehicle manufacturer, and not the year in which the vehicle is, in fact, manufactured.
6. “Maximum gross weight” means the scale weight of a vehicle, equipped for operation, to which shall be added the maximum load to be carried as declared by the owner in making application for registration. When a vehicle against which a registration fee is assessed is a combination of vehicles, the term “maximum gross weight” means the combined maximum gross weights of all vehicles in the combination.
7. “Metal tire.” (See “Tires,” section 49-121, Idaho Code)
8. “Mileage” means actual distance that a vehicle has traveled.
9. “Moped” means a limited-speed motor-driven cycle having wheels less than twenty (20) inches in diameter and:
   1. Motorized propulsion that is not capable of propelling the vehicle at a speed in excess of thirty (30) miles per hour on level ground, whether two (2) or three (3) wheels are in contact with the ground during operation. If an internal combustion engine is used, the displacement shall not exceed fifty (50) cubic centimeters and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; or
   2. Two (2) wheels or three (3) wheels with no pedals, which is powered solely by electrical energy, has an automatic transmission, a motor which produces less than two (2) gross brake horsepower, is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground and, as originally manufactured, meets federal motor vehicle safety standards for motor-driven cycles. A moped is not required to be titled and no motorcycle endorsement is required for its operator.
10. “Motorbike” means a vehicle as defined in section 67-7101, Idaho Code. Such vehicle shall be titled and may be approved for motorcycle registration pursuant to section 49-402, Idaho Code, upon certification by the owner of the installation and use of conversion components that make the motorbike compliant with federal motor vehicle safety standards. A motorbike does not include an electric-assisted bicycle. (11) “Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three (3) wheels in contact with the ground or designed to travel on two (2) wheels in contact with the ground which is modified by the addition of two (2) stabilizing wheels on the rear of the motor vehicle, that meets the federal motor vehicle safety standards as originally designed, and includes a converted motorbike, but does not include a motor-driven cycle, a motorbike, a tractor, an electric-assisted bicycle, or a moped.

A moped does not include an electric-assisted bicycle.

(12) “Motor carrier” means an individual, partnership, corporation or other legal entity engaged in the transportation by motor vehicle of persons or property in the furtherance of a business or for hire.

(13) “Motor-driven cycle” means a cycle with a motor that produces five (5) brake horsepower or less as originally manufactured that meets federal motor vehicle safety standards as originally designed, and does not include mopeds or electric-assisted bicycles. Such vehicle shall be titled and a motorcycle endorsement is required for its operation.

(14) “Motor home” means a vehicular unit designed to provide temporary living quarters, built into an integral part or permanently attached to a self-propelled motor vehicle chassis. The vehicle must contain permanently installed independent life support systems that meet the national fire protection association (NFPA) 1192 standard on recreational vehicles, and provide at least four (4) of the following facilities: cooking, refrigeration or icebox, self-contained toilet, heating and/or air conditioning, a potable water supply system, including a faucet and sink, separate 110-125 volt electrical power supply and/or LP-gas supply.

(15) “Motorized wheelchair” means a motor vehicle with a speed not in excess of eight (8) miles per hour, designed for and used by a person with a disability.

(16) “Motor number.” (See “Identifying number,” section 49-110, Idaho Code)

(17) “Motor vehicle.” (See “Vehicle,” section 49-123, Idaho Code)

(18) “Motor vehicle liability policy” means an owner’s or operator’s policy of liability insurance, certified as provided in section 49-1210, Idaho Code, as proof of financial responsibility, and issued by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.

(19) “Motor vehicle record” means any record that pertains to a motor vehicle registration, motor vehicle title or identification documents or other similar credentials issued by the department or other state or local agency.

(20) “Multiuse path” means a path physically separated from motor vehicle traffic by an open space or barrier and within either a public right-of-way or easement that accommodates two-way nonmotorized travelers including pedestrians, bicyclists, joggers, and skaters.

§ 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,” section 49-123, Idaho Code)
3. “Noncommercial vehicle.” (See “Vehicle,” section 49-123, Idaho Code)
4. “Nondomiciled commercial learner’s permit” or “nondomiciled commercial driver’s license” means a commercial learner’s permit or a commercial driver’s license, respectively, issued by a state or other jurisdiction under either of the following conditions:
   1. To an individual domiciled in a foreign country meeting the requirements of 49 CFR 383.23(b)(1); or
   2. To an individual domiciled in another state meeting the requirements of 49 CFR 383.23(b)(2).
5. “Nonresident” means every person who is not a resident of this state.
6. “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by that person of a motor vehicle, or the use of a vehicle owned by that person, in this state.

§ 49-116. Definitions — O.

1. “Operator” means every person who is in actual physical control of a motor vehicle upon a highway or private property open to public use.
2. “Out of service order” means a temporary prohibition against operating a commercial vehicle as declared by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction and which is applicable to a driver, a commercial motor vehicle or a motor carrier operation pursuant to federal regulations 49 CFR part [section] 386.72, 392.5, 395.13 or 396.9, or compatible laws, or to the North American uniform out-of-service criteria.
3. “Owner” means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. “Owner” for the purposes of chapter 12[, title 49, Idaho Code,] means the person legally responsible for the operation of a vehicle upon the highways of the state of Idaho, whether as owner, lessee or otherwise.

§ 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 recreational vehicle that is designed to provide temporary accommodations for recreational, camping or seasonal use, is built on a single chassis, was originally mounted on wheels, has a gross trailer area not exceeding four hundred (400) square feet in the set-up mode and is certified by its manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Standard for Recreational Park Trailers, and includes park models, park trailers and recreational park trailers.
3. “Part-time salesman” means any person employed as a vehicle salesman on behalf of a dealer less than thirty (30) hours per week.
4. “Peace officer.” (See section 19-5101(d), Idaho Code)
5. “Pedestrian” means any person afoot and any person operating a wheelchair or a motorized wheelchair or an electric personal assistive mobility device.
6. “Pedestrian path” means any path, sidewalk or way set aside and used exclusively by pedestrians.
7. 1. “Person” means every natural person, firm, fiduciary, copartnership, association, corporation, trustee, receiver or assignee for the benefit of creditors, political subdivision, state or federal governmental department, agency, or instrumentality and, for the purposes of chapter 22, title 49, Idaho Code, shall include a private, common or contract carrier operating a vehicle on any highway of this state. (7)(a) “Person” means every natural person, firm, fiduciary, copartnership, association, corporation, trustee, receiver or assignee for the benefit of creditors, political subdivision, state or federal governmental department, agency, or instrumentality and, for the purposes of chapter 22, title 49, Idaho Code, shall include a private, common or contract carrier operating a vehicle on any highway of this state.
   2. “Person with a disability” means:
      1. A person who is unable to walk two hundred (200) feet or more unassisted by another person;
      2. A person who is unable to walk two hundred (200) feet or more without the aid of a walker, cane, crutches, braces, prosthetic device or a wheelchair; or
      3. A person who is unable to walk two hundred (200) feet or more without great difficulty or discomfort due to the following impairments: neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb.
      4. For the purposes of chapters 3 and 4, title 49, Idaho Code, a person with a permanent disability is one whose physician certifies that the person qualifies as a person with a disability pursuant to this paragraph and further certifies that there is no expectation for a fundamental or marked change in the person’s condition at any time in the future.
8. “Personal delivery device” means an electrically powered device that is operated on sidewalks and crosswalks and is intended primarily to transport property; weighs less than two hundred (200) pounds, excluding cargo; has a maximum speed of ten (10) miles per hour; and is equipped with technology to allow for operation of the device with or without the active control or monitoring of a natural person. A personal delivery device shall not be defined as a vehicle or motor vehicle in any section of the law, unless expressly so stated.
9. “Personal delivery device operator” means an entity or its agent that exercises direct physical control or monitoring over the navigation system and operation of a personal delivery device. For the purposes of this subsection, the term “agent” means a person charged by the entity with the responsibility of navigating and operating the personal delivery device. The term “personal delivery device operator” does not include an entity or person who requests the services of a personal delivery device for the purpose of transporting property or an entity, nor does it include a person who merely arranges for and dispatches the requested services of a personal delivery device. (10) “Personal information” means information that identifies an individual, including an individual’s photograph or computerized image, social security number, driver identification number, name, address, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations, the five-digit zip code of the person’s address, or status of the driver’s license or motor vehicle registration.

(11) “Pneumatic tire.” (See “Tires,” section 49-121, Idaho Code)

(12) “Pole trailer.” (See “Trailer,” section 49-121, Idaho Code)

(13) “Possessory lien” means a lien dependent upon possession for compensation to which a person is legally entitled for making repairs or performing labor upon, and furnishing supplies or materials for, and for the towing, storage, repair, or safekeeping of, any vehicle of a type subject to registration.

(14) “Possessory lienholder” means any person claiming a lien, which lien claimed to have accrued on a basis of services rendered to the vehicle that is the subject of the lien.

(15) “Preceding year” means, for the purposes of section 49-434, Idaho Code, a period of twelve (12) consecutive months fixed by the department, prior to July 1 of the year immediately preceding the commencement of the registration or license year for which proportional registration is sought. The department in fixing the period shall make it conform to the terms, conditions and requirements of any applicable agreement or arrangement for the proportional registration of vehicles.

(16) “Pressure regulator valve” means a device or system that governs the load distribution and controls the weight borne by a variable load suspension axle in accordance with a predetermined valve setting.

(17) “Principal place of business” means an enclosed commercial structure located within the state, easily accessible and open to the public at all reasonable times, with an improved display area large enough to display five (5) or more vehicles of the type the dealer is licensed to sell, immediately adjoining the building, and at which the business of a dealership, including the display and repair of vehicles, may be lawfully carried on in accordance with the terms of all applicable building codes, zoning and other land-use regulatory ordinances, and in which building the public shall be able to contact the dealer or his salesmen in person or by telephone at all reasonable times. The books, records and files necessary to conduct the business of the dealership must be kept or reproduced electronically at the dealership’s licensed location(s). A dealership keeping its physical books, records and files at an off-site location must notify the department in writing of such location at least thirty (30) days in advance of moving such books, records and files off site. Physical books, records and files must be made available to the department upon request within three (3) business days of such request. The principal place of business shall display an exterior sign permanently affixed to the land or building, with letters clearly visible to the major avenue of traffic. In no event shall a room or rooms in a hotel, rooming house, or apartment house building or a part of any single or multiple unit dwelling house be considered a “principal place of business” within the terms and provisions of this title unless the entire ground floor of that hotel, apartment house, or rooming house building or dwelling house be devoted principally to and occupied for commercial purposes, and the office or offices of the dealer be located on the ground floor.

(18) “Private property open to the public” means real property not owned by the federal government or the state of Idaho or any of its political subdivisions, but is available for vehicular traffic or parking by the general public with the permission of the owner or agent of the real property.

(19) “Private road” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

(20) “Proof of financial responsibility” means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of twenty-five thousand dollars ($25,000) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of fifteen thousand dollars ($15,000) because of injury to or destruction of property of others in any one (1) accident.

(21) “Proper authority” means a public highway agency.

(22) “Public highway agency” means the state transportation department, any city, county, highway district or any other state agency that has jurisdiction over public highway systems and public rights-of-way.

(23) “Public right-of-way” means a right-of-way open to the public and under the jurisdiction of a public highway agency, where the public highway agency has no obligation to construct or maintain said right-of-way for vehicular traffic.

(24) “Public road jurisdiction” means a public highway agency.

(25) “Purchase.” (See “Sell,” “sold,” and “buy,” section 49-120, Idaho Code)

§ 49-118. Definitions

Q. [Reserved.]

§ 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 long-distance driving routes.
2. “Radio operator, amateur” means any person licensed by the Federal Communications Commission to engage in private and experimental two-way radio operation and holding a conditional class license or higher.
3. “Railroad” means a carrier of persons or property upon cars operated upon stationary rails.
4. “Railroad train” means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.
5. “Railroad sign” or “signal” means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
6. “Recreational vehicle” means a motor home, travel trailer, fifth-wheel trailer, park model recreational vehicle, truck camper or folding camping trailer, with or without motive power, designed for recreational or emergency occupancy. It does not include pick-up hoods, shells, or canopies designed, created or modified for occupational usage. School buses or van type vehicles which are converted to recreational use, are defined as recreational vehicles.
7. “Registered maximum gross weight” means the maximum gross weight established on the registration document as declared by the owner at the time of registration or renewal of registration.
8. “Registered owner” means any person required to register a vehicle, whether or not a lienholder appears on the title in the records of the department.
9. “Registration” means the registration certificate or certificates and license plate or plates issued under the laws of this state pertaining to the registration of vehicles.
10. “Rental utility trailer” means a utility trailer offered for hire to the general public for private or commercial use.
11. “Rescission of sale.” (See section 28-2-608, Idaho Code)
12. “Resident” means for purposes of vehicle registration, titling, a driver’s license or an identification card, a person whose domicile has been within Idaho continuously for a period of at least ninety (90) days, excluding a full-time student who is a resident of another state. A person, including a full-time student who has established a domicile in Idaho may declare residency earlier than ninety (90) days for vehicle registration, titling, driver’s license and identification card purposes. Establishment of residency shall include a spouse and dependent children who reside with that person in the domicile. A domicile shall not be a person’s workplace, vacation or part-time residence.
13. “Residential district.” (See “District,” section 49-105, Idaho Code)
14. “Residential neighborhood” for purposes of this chapter, is an area abutting a highway which is used primarily for nontransient human habitation, parks and churches.
15. “Revocation of driver’s license” means the termination by formal action of the department or as otherwise provided in this title of a person’s driver’s license or privilege to operate a motor vehicle on the highways, which terminated driver’s license or privilege shall not be subject to renewal or restoration except that an application for a new driver’s license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this title. (16) “Revocation of vehicle registration” means the termination by formal action of the department or as otherwise provided in this title of a person’s vehicle registration or, in the case of fleets of vehicles, all vehicle registrations in each fleet operated by a company. Upon revocation, the privileges of operating the vehicles on Idaho highways is terminated until the difficulty that caused the revocation is corrected and an application for new registration is presented and acted upon.

(17) “Ridesharing arrangement” means the nonprofit transportation in a passenger motor vehicle with a seating capacity not exceeding fifteen (15) people including the driver, which is not otherwise used for commercial purposes or as a public conveyance, whereby a fixed group, not exceeding fifteen (15) people including passengers and driver, is transported between their residences or nearby termini, and their places of employment or educational or other institutions or termini near those places, in a single daily round trip where the driver is also on the way to or from his place of employment or education or other institution.

(18) “Right-of-way” means the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. The term shall not be interpreted to mean that a highway user is relieved from the duty to exercise reasonable care at all times and from doing everything to prevent an accident. Failure to yield right-of-way shall not be construed as negligence per se or as prima facie evidence of negligence.

(19) “Roadway” means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms and rights-of-way.

§ 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 is a mechanism that connects the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and functions like a fifth wheel kingpin connection. A smaller vehicle mounted completely on the frame of either the first or last vehicle may be used in a saddlemount combination.
2. “Safety glazing materials” means glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.
3. “Safety zone” means the area or space officially set apart within a highway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
4. “Salvage pool” means a licensed vehicle dealer engaged primarily in the business of disposing of salvage vehicles, recovered stolen vehicles, or both.
5. “School bus” means every motor vehicle that complies with the color and identification requirements set forth in the most recent edition of “Minimum Standards for School Buses” and is used to transport children to or from school or in connection with school approved activities and includes buses operated by contract carriers.
6. “Secretary” means the secretary of transportation of the United States.
7. “Security agreement.” (See section 28-9-102, Idaho Code)
8. “Security interest.” (See section 28-1-201, Idaho Code)
9. “Sell,” “sold,” “buy,” and “purchase,” mean and include, as used in sections 49-2401 through 49-2406, Idaho Code, exchange, barter, gift, and offer or contract to sell or buy.
10. “Semitrailer.” (See “Trailer,” section 49-121, Idaho Code)
11. “Serious traffic violation” means conviction of an offense specified in 49 CFR part 383 and including any subsequent amendments thereto, while operating a commercial motor vehicle, and shall include driving a commercial motor vehicle:
    1. Without obtaining a commercial driver’s license; or
    2. Without having a commercial driver’s license in the driver’s possession; or
    3. Without the proper license class of commercial driver’s license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
12. “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for use by pedestrians.
13. “Signal.” (See “Railroad sign,” section 49-119, Idaho Code)
14. “Skills test” means an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.
15. “Slow moving vehicle” means any vehicle not normally operated upon the highways. (16) “Snow tire.” (See “Tires,” section 49-121, Idaho Code)

(17) “Sold.” (See “Sell,” “buy,” and “purchase,” this section)

(18) “Solid rubber tire.” (See “Tires,” section 49-121, Idaho Code)

(19) “Special license plate” means a license plate that is made available to the public as a personal alternative to the standard issue license plate. No special program fee shall be charged for the registration or plates issued under sections 49-403, 49-403A, 49-404, 49-405, 49-410, 49-415, 49-415A and 49-415B, Idaho Code.

(20) “Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including: ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes, and earth moving equipment. The term does not include travel trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

(21) “Specially constructed vehicle.” (See “Vehicle,” section 49-123, Idaho Code)

(22) “Specialty off-highway vehicle.” (See “Vehicle,” section 49-123, Idaho Code)

(23) “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

(24) “State” means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of Canada.

(25) “Stop” means the act of or complete cessation from movement.

(26) “Stopping” means the act of any halting even momentarily of a vehicle.

(27) “Street.” (See “Highways,” section 49-109, Idaho Code)

(28) “Street rod” means any pre-1949 vehicle which has had a significant drive train update from a more modern vehicle. Changes may include engine, transmission, rear axle, and other suspension components. The body will be, or resemble the same as the manufacturer’s original issue after its first sale after manufacture.

(29) “Studded tire.” (See “Tires,” section 49-121, Idaho Code)

(30) “Substandard width lane” means a lane that is too narrow for a bicycle and a motor vehicle to travel safely side by side within the lane.

(31) “Supplemental lot” means a physically separate location owned and maintained by a licensed dealer or manufacturer within the same or adjacent county as the principal place of business which meets all the requirements for a principal place of business.

(32) “Suspension of driver’s license” means the temporary withdrawal by formal action of the department or as otherwise provided in this title of a person’s driver’s license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department.

§ 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 and is licensed for a period of time not to exceed ten (10) days for a specific purpose such as auto shows, auctions, shopping center promotions, tent sales, etc. Temporary supplemental lots shall meet all local zoning and building codes for the type of business being conducted. The requirements for a principal place of business shall not be applicable to temporary supplemental lot locations. The adjacent county restriction shall not apply if the dealer holds the franchise for the products to be displayed or sold and has approval from a manufacturer for the location where the proposed temporary supplemental lot license will be issued by the department. Nonfranchised dealers shall be permitted to temporarily display or sell their products within a one hundred seventy-five (175) mile radius of their principal place of business, upon approval by the department.
2. “Tires” means:
   1. Metal. Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.
   2. Pneumatic. Every tire in which compressed air is designed to support the load.
   3. Snow tire. Every rubber tire with tread design or material embedded in the tire to improve winter traction except studded tires.
   4. Solid rubber. Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.
   5. Studded tire. Every tire with built-in lugs of tungsten carbide or other suitable material designed to contact the road surface for improved winter traction.
3. “Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel.
4. “Traffic lane” or “lane of travel” means that portion of the roadway for movement of a single line of vehicles.
5. “Traffic-control device” means any device, whether manually, electrically or mechanically operated, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
6. “Trailer” means:
   1. General. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle.
   2. Fifth-wheel trailer. A vehicular unit equipped in the same manner as a travel trailer but constructed with a raised forward section that allows a bi-level floor plan. This style is designed to be towed by a vehicle equipped with a device known as a fifth-wheel hitch, which is typically installed in the bed of a pickup truck.
   3. Fold down camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls, which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters, for recreational, camping or travel use.
   4. Pole trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
   5. Semitrailer. Every vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle.
   6. Travel trailer. A vehicular unit, mounted on wheels designed to provide temporary living quarters for recreational, camping, travel or emergency use and of such size or weight as not to require special highway movement permits when towed by a motorized vehicle.
   7. Utility trailer. (See “Utility trailer,” section 49-122, Idaho Code)
7. “Transitional ownership document” means a document used to perfect a lien against creditors or subsequent purchasers when the primary ownership document is not available and the selling dealer, new security interest holder or their agent, to the best of their knowledge, will not have possession of the primary ownership document, within thirty (30) days of the sale, or if no sale is involved, the date the contract or security agreement being perfected was signed, and contains all of the following:
   1. The date of sale or if no sale is involved, the date the contract or security agreement being perfected was signed;
   2. The name and address of each owner of the vehicle;
   3. The name and address of each security interest holder;
   4. If there are multiple security interest holders, the priorities of interest if the security interest holders do not jointly hold a single security interest;
   5. The vehicle identification number;
   6. The name of the security interest holder or person who submits the transitional ownership document for the security interest holder; and
   7. Any other information the department may require for its records.
8. “Transportation,” for the purposes of chapter 22, title 49, Idaho Code, means the movement of any regulated quantity of hazardous material or hazardous waste within, through, or to any destination in this state upon the highways of this state.
9. “Transporter” means every person engaged in the business of delivering vehicles of a type required to be registered from a manufacturing, assembling or distributing plant to dealers or sales agents of a manufacturer, except in chapter 22, title 49, Idaho Code, where it means any person who transports a hazardous material or hazardous waste within, through, or to any destination upon the highways of this state.
10. “Truck” means:
    1. Refuse/sanitation. Any vehicle designed and used solely for the purpose of transporting refuse.
    2. General. Every motor vehicle exceeding eight thousand (8,000) pounds gross weight designed, used or maintained primarily for the transportation of property.
    3. Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross weight or less which is designed, used or maintained primarily for the transportation of property.
    4. Truck camper. A portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor, and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and containing at least one (1) of the following facilities: stove; refrigerator or icebox; self-contained toilet; heater or air conditioner; potable water supply including a faucet and sink; separate 110-125 volt electrical power supply; or LP-gas supply. Truck campers originally constructed with an overall length of six (6) feet or longer shall be titled as provided in chapter 5 of this title 49. A truck camper does not include pickup hoods, shells or canopies.
    5. Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles but not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
11. “True mileage driven” means the mileage of the vehicle as registered by the odometer within the manufacturer’s designed tolerance.

§ 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 weight.” (See “Light weight,” section 49-113, Idaho Code)
4. “Unregistered vehicle” means a vehicle without current registration on file with the department or with the appropriate agency of another state, unless exempt from registration.
5. “Unusual noise.” (See “Excessive,” section 49-106, Idaho Code)
6. “Urban district.” (See “District,” section 49-105, Idaho Code)
7. “Utility trailer” means a trailer or semitrailer designed primarily to be drawn behind a passenger car or pickup truck for domestic and utility purposes. Utility or domestic use shall include a farm trailer while being used to haul agricultural products or livestock from farm to storage, market or processing plant, or returning therefrom.
8. “Utility type vehicle” or “UTV” means a utility type vehicle or UTV as defined in section 67-7101, Idaho Code.

§ 49-122A. [Amended and Redesignated.]

§ 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 the vehicle. (See also section 49-117, Idaho Code)
   1. “Fully raised” means that the variable load suspension axle is in an elevated position preventing the tires on such axle from having any contact with the roadway.
   2. “Fully deployed” means that the variable load suspension axle is supporting a portion of the weight of the loaded vehicle as controlled by the preset pressure regulator valve.
2. “Vehicle” means:
   1. General. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
   2. Assembled vehicle or vessel. A vehicle or vessel, not including a salvage vehicle or vessel, that has been constructed using major component parts from two (2) or more vehicles or vessels or that has been repaired using new factory major component parts so that the resulting vehicle or vessel has the same appearance as a vehicle or vessel that was manufactured under a specific make and model by a manufacturer. A vehicle or vessel utilizing a kit for the entire body or a glider kit vehicle is not an assembled vehicle.
   3. Authorized emergency vehicle. Vehicles operated by any fire department or law enforcement agency of the state of Idaho or any political subdivision of the state, ambulances, vehicles belonging to personnel of voluntary fire departments while in performance of official duties only, vehicles belonging to or operated by EMS personnel certified or otherwise recognized by the EMS bureau of the Idaho department of health and welfare while in the performance of emergency medical services, sheriff’s search and rescue vehicles that are under the immediate supervision of the county sheriff, wreckers that are engaged in motor vehicle recovery operations and are blocking part or all of one (1) or more lanes of traffic, other emergency vehicles designated by the director of the Idaho state police or vehicles authorized by the Idaho transportation board and used in the enforcement of laws specified in section 40-510, Idaho Code, pertaining to vehicles of ten thousand (10,000) pounds or greater.
   4. Commercial vehicle or commercial motor vehicle. For the purposes of chapters 3 and 9 of this title, driver’s licenses and vehicle equipment, a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
      1. Has a manufacturer’s gross combination weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds inclusive of a towed unit with a manufacturer’s gross vehicle weight rating (GVWR) of more than ten thousand (10,000) pounds; or
      2. Has a manufacturer’s gross vehicle weight rating (GVWR) in excess of twenty-six thousand (26,000) pounds; or
      3. Is designed to transport sixteen (16) or more people, including the driver; or
      4. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the hazardous material transportation act and which require the motor vehicle to be placarded under the hazardous materials regulations (49 CFR part 172, subpart F). For the purposes of chapter 4, title 49, Idaho Code, motor vehicle registration, a vehicle or combination of vehicles of a type used or maintained for the transportation of persons for hire, compensation or profit, or the transportation of property for the owner of the vehicle, or for hire, compensation, or profit, and shall include fixed load specially constructed vehicles exceeding the limits imposed by chapter 10, title 49, Idaho Code, and including drilling rigs, construction, drilling and wrecker cranes, log jammers, log loaders, and similar vehicles which are normally operated in an overweight or oversize condition or both, but shall not include those vehicles registered pursuant to sections 49-402 and 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a “commercial vehicle” under the provisions of this title relating to equipment requirements, rules of the road, or registration.
   5. Farm vehicle. A vehicle or combination of vehicles owned by a farmer or rancher, or by his designated agent, which are operated over public highways, and used exclusively to transport unprocessed agricultural products raised, owned or grown by the owner of the vehicle to market or place of storage; and shall include the transportation by the farmer or rancher of any equipment, supplies or products purchased by that farmer or rancher for his own use, and used in the farming or ranching operation or used by a farmer partly in transporting agricultural products or livestock from the farm of another farmer that were originally grown or raised on the farm, or when used partly in transporting agricultural supplies, equipment, materials or livestock to the farm of another farmer for use or consumption on the farm but not transported for hire, and shall not include vehicles of husbandry or vehicles registered pursuant to sections 49-402 and 49-402A, Idaho Code.
   6. Foreign vehicle. Every vehicle of a type required to be registered under the provisions of this title brought into this state from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state.
   7. Glider kit vehicle. Every large truck manufactured from a kit manufactured by a manufacturer of large trucks which consists of a frame, cab complete with wiring, instruments, fenders and hood and front axles and wheels. The “glider kit” is made into a complete assembly by the addition of the engine, transmission, rear axles, wheels and tires.
   8. Motor vehicle. Every vehicle that is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices, personal delivery devices, electric-assisted bicycles, and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.
   9. Multipurpose passenger vehicle (MPV). For the purposes of section 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer persons which is constructed either on a truck chassis or with special features for occasional off-road operation.
   10. Neighborhood electric vehicle (NEV). A self-propelled, electrically powered, four-wheeled motor vehicle which is emission free and conforms to the definition and requirements for low-speed vehicles as adopted in the federal motor vehicle safety standards for low-speed vehicles under federal regulations at 49 CFR part 571. An NEV shall be titled, registered and insured according to law as provided respectively in chapters 4, 5 and 12, title 49, Idaho Code, and shall only be operated by a licensed driver. Operation of an NEV on a highway shall be allowed as provided in section 49-663, Idaho Code.
   11. Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho Code, motor vehicle registration, a noncommercial vehicle shall not include those vehicles required to be registered under sections 49-402 and 49-402A, Idaho Code, and means all other vehicles or combinations of vehicles which are not commercial vehicles or farm vehicles, but shall include motor homes. A noncommercial vehicle shall include those vehicles having a combined gross weight not in excess of sixty thousand (60,000) pounds and not held out for hire, used for purposes related to private use and not used in the furtherance of a business or occupation for compensation or profit or for transporting goods for other than the owner.
   12. Passenger car. For the purposes of section 49-966, Idaho Code, a motor vehicle, except a multipurpose passenger vehicle, motorcycle or trailer, designed to carry ten (10) or fewer persons.
   13. Rebuilt salvage vehicle or vessel. Every vehicle or vessel previously determined or declared to be a salvage vehicle that has been rebuilt or repaired using like make and model parts and visually appears as a vehicle or vessel that was originally constructed under a distinctive manufacturer. This includes a salvage vehicle or vessel which is damaged to the extent that a “rebuilt salvage” brand is required to be added to the title.
   14. Replica vehicle or vessel. A vehicle or vessel made to replicate any vehicle or vessel previously manufactured, using metal, fiberglass or other composite materials. Replica vehicles must look like the original vehicle being replicated but may use a more modern drive train. At a minimum, replica vehicles shall meet the same federal motor vehicle safety and emission standards in effect for the year and type of vehicle being replicated.
   15. Salvage vehicle or vessel. Any vehicle or vessel for which a salvage certificate of title, salvage bill of sale or other documentation has been issued showing evidence that the vehicle or vessel has been declared salvage or which has been damaged to the extent that the owner, or an insurer, or other person acting on behalf of the owner, determines that the cost of parts and labor minus the salvage value makes it uneconomical to repair or rebuild. When an insurance company has paid money or has made other monetary settlement as compensation for a total loss of any vehicle or vessel, such vehicle shall be considered to be a salvage vehicle or vessel.
   16. Specially constructed vehicle or vessel. Every vehicle or vessel of a type required to be registered not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles or vessels and not materially altered from its original construction and cannot be visually identified as a vehicle or vessel produced by a particular manufacturer. This includes:
       1. A vehicle or vessel that has been structurally modified so that it does not have the same appearance as a similar vehicle or vessel from the same manufacturer; or
       2. A vehicle or vessel that has been constructed entirely from homemade parts and materials not obtained from other vehicles or vessels; or
       3. A vehicle or vessel that has been constructed by using major component parts from one (1) or more manufactured vehicles or vessels and cannot be identified as a specific make or model; or
       4. A vehicle or vessel constructed by the use of a custom kit that cannot be visually identified as a specific make or model. All specially constructed vehicles of a type required to be registered shall be certified by the owner to meet all applicable federal motor vehicle safety standards in effect at the time construction is completed, and all requirements of chapter 9, title 49, Idaho Code. (q) Specialty off-highway vehicle. A specialty off-highway vehicle as defined in section 67-7101, Idaho Code.
          1. Any commercial motor vehicle transporting, or designed to transport, any liquid or gaseous materials within:
             1. A tank that is either permanently or temporarily attached or secured to the vehicle or chassis and has a rated capacity of one thousand (1,000) gallons or more; or
             2. Multiple tanks either permanently or temporarily attached or secured, when the aggregate rated capacity of those tanks is one thousand (1,000) gallons or more, as determined by adding the capacity of each individual tank with a capacity of more than one hundred nineteen (119) gallons.
          2. If a commercial motor vehicle transports one (1) or more tanks that are manifested either as empty or as residue and that are actually empty or contain only residue, those tanks shall not be considered in determining whether the vehicle is a tank vehicle.
   17. Total loss vehicle. Every vehicle that is deemed to be uneconomical to repair. A total loss shall occur when an insurance company or any other person pays or makes other monetary settlement to the owner when it is deemed to be uneconomical to repair the damaged vehicle. The compensation for total loss as defined herein shall not include payments by an insurer or other person for medical care, bodily injury, vehicle rental or for anything other than the amount paid for the actual damage to the vehicle.
3. “Vehicle identification number.” (See “identifying number,” section 49-110, Idaho Code)
4. “Vehicle salesman” means any person who, for a salary, commission or compensation of any kind, is employed either directly or indirectly, or regularly or occasionally by any dealer to sell, purchase or exchange, or to negotiate for the sale, purchase or exchange of vehicles. (See also “full-time salesman,” section 49-107, Idaho Code, and “part-time salesman,” section 49-117, Idaho Code)
5. “Vessel.” (See section 67-7003, Idaho Code)
6. “Veteran.” (See section 65-203, Idaho Code)
7. “Violation” means a conviction of a misdemeanor charge involving a moving traffic violation, or an admission or judicial determination of the commission of an infraction involving a moving traffic infraction, except bicycle infractions.

(r) Tank vehicle.

§ 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 highway and marked by appropriate warning signs.
4. “Wrecker” means a motor vehicle designed and used primarily for towing other vehicles that may be disabled. A wrecker engaged in a motor vehicle recovery operation and which is blocking part or all of one (1) or more lanes of traffic shall be designated an emergency vehicle.

§ 49-125. Definitions

X. [Reserved.]

§ 49-125A. [Amended and Redesignated.]

§ 49-126. Definitions

Y. [Reserved.]

§ 49-126A. Powers of department relating to registration period. [Repealed.]

§ 49-126B. Tax on gaseous motor fuel. [Repealed.]

§ 49-127. Definitions

Z. [Reserved.]

§ 49-127A. Additional use fees. [Repealed.]

§ 49-127B. [Amended and Redesignated.]

§ 49-127C. Authority to enter agreements. [Repealed.]

§ 49-128 — 49-134A. [Amended and Redesignated.]

§ 49-134B. Exemptions from operating expenses

Idaho classic motorcycle. [Repealed.]

§ 49-135. Dealers’ plates — Fees

Improper use. [Repealed.]

§ 49-136 — 49-142. License requirements, applications, denials, suspension, revocation — Plates — Fees. [Repealed.]

§ 49-143 — 49-146. [Amended and Redesignated.]

§ 49-147. Penalty for misdemeanor. [Repealed.]

§ 49-148. Penalty for felony. [Repealed.]

§ 49-149. [Amended and Redesignated.]

§ 49-150 — 49-154. Uniformity of interpretation — Short title — Separability — Repeal — Time of taking effect. [Repealed.]

§ 49-155. [Amended and Redesignated.]

§ 49-156. Application for specific numbered plates — Optional with assessor

Fee. [Repealed.]

§ 49-157 — 49-159. [Amended and Redesignated.]

§ 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 responsibility of the director of the department of parks and recreation, the board shall adopt and enforce administrative rules and may designate agencies or enter into agreements with private companies or public entities as may be necessary to carry out the provisions of this title. It shall also provide suitable forms for applications, registration cards, vehicle licenses, and all other forms requisite for the purpose of the provisions of this title, and shall prepay all transportation charges.
2. The board may enter into agreements, compacts or arrangements with other jurisdictions on behalf of Idaho for the purpose of conforming procedures for proportional registration of commercial vehicles and other types of reciprocal agreements. Copies of agreements, compacts or arrangements shall be placed on file in the department and the board shall, as to all filings and adoption, conform with the provisions of chapter 52, title 67, Idaho Code. The board may approve, on a case-by-case basis, exemption from operating fees for private nonprofit entities who are bringing public interest programs into the state. These entities may not be in competition with companies who transport goods and services for hire.
3. The board shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with the provisions of this title for use upon highways within the state. The uniform system shall correlate with and, so far as possible, conform to the system set forth in the most recent edition of the manual on uniform traffic-control devices for streets and highways and other standards issued or endorsed by the federal highway administrator.
4. Whenever the board shall determine upon the basis of an engineering and traffic investigation that any maximum speed is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the state highway or interstate highway system, the board may determine and declare a reasonable and safe maximum limit, thereat, not exceeding a maximum limit of seventy-five (75) miles per hour on interstate highways provided that this speed may be increased to eighty (80) miles per hour if the department completes an engineering and traffic study on the interstate highway and concludes that the increase is in the public interest and the transportation board concurs with such conclusion and sixty-five (65) miles per hour on state highways provided that this speed may be increased to seventy (70) miles per hour if the department completes an engineering and traffic study on the state highway and concludes that the increase is in the public interest and the transportation board concurs with such conclusion, which shall be effective when appropriate signs giving notice are erected. The speed limit may be declared to be effective at all times or at the times as indicated upon the signs. Differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs.

§ 49-201A. Multijurisdictional agreement for collection of use fee

Rules. [Repealed.]

§ 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 agreements in which the registration of interstate carriers operating in participating states may be accomplished by registration in one (1) base state. Carriers electing to register under base state agreements shall be subject to the jurisdiction and authority of the Idaho transportation department to the same extent as they would if they did not participate in the base state agreement. The fees authorized by federal law, or such lesser fees as the participating states agree to, may be collected, and the base state may require further filings of certificates of insurance, surety bonds, et cetera, to show the carrier’s qualifications to operate. Participating carriers shall register their authority directly with the transportation department and not with other state or local agencies.

§ 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 the department, or those records containing personal information subject to restrictions or conditions regarding disclosure. If the department has contracted for a service to be provided by another entity, an additional fee shall be charged by that contractor whether the service is rendered during normal business hours, other than normal business hours or on weekends.
2. In addition to other fees required by law to be collected by the department, the department shall collect the following: forms
   1. For certifying a copy of any record pertaining to any vehicle license, any certificate of title, or any driver’s license ............................... $14.00
   2. For issuing every Idaho certificate of title ............................... $14.00
   3. For furnishing a duplicate copy of any Idaho certificate of title ............................... $14.00
   4. For issuance or transfer of every certificate of title on a new or used vehicle or other titled vehicle in an expedited manner (rush titles), in addition to any other fee required by this section ............................... $26.00
   5. For recording a transitional ownership document, in addition to any other fee required by this section ............................... $26.00
   6. For furnishing a replacement of any receipt of registration ............................... $5.00
   7. For furnishing copies of registration or ownership of motor vehicles or driver’s license records, per vehicle registration, accident report records, title or per driver’s license record ............................... $7.00
   8. For services in searching files of vehicle or other registrations, vehicle titles, or driver’s licenses per hour ............................... $18.00
   9. Placing “stop” cards in vehicle registration or title files, each ............................... $21.00
   10. For issuance of an assigned or replacement vehicle identification number (VIN) ............................... $18.00
   11. For a vehicle identification number (VIN) inspection whether conducted by a city or county peace officer or any other peace officer or designated agent of the state of Idaho, per inspection ............................... $5.00
   12. For all replacement registration stickers, each ............................... $2.00
   13. For issuing letters of temporary vehicle clearance to Idaho-based motor carriers ............................... $18.00
   14. For all sample license plates, each ............................... $21.00
   15. For filing release of liability statements ............................... $3.50
   16. For safety and insurance programs for each vehicle operated by a motor carrier ............................... $3.00 A lesser amount may be set by rule of the board.
3. The fees required in this section shall not apply when the service is furnished to any federal, state, county or city peace officer when such service is required in the performance of their duties as peace officers.
4. The department may enter into agreements with private companies or public entities to provide the services for which a fee is collected in subsection (2)(g) of this section. Such private contractor shall collect the fee prescribed and remit the fee to the department. The contractor shall also collect and retain the additional fee charged for his services.
5. 1. The department shall pay three dollars ($3.00) of the fee collected by a county assessor or other authorized agent of the department as provided in subsection (2)(a) through (f) of this section, and four dollars ($4.00) as provided in subsection (2)(g) of this section, to the county assessor or sheriff of the county or authorized agent of the department collecting such fee, which shall be deposited with the county treasurer and credited to the county current expense fund when collected by the county. When fees are collected by the department or an authorized agent of the department, such fees shall be deposited with the issuing entity. The remainder of the fees collected as provided in that subsection shall be paid by the department to the state treasurer and placed in the state highway account. (5)(a) The department shall pay three dollars ($3.00) of the fee collected by a county assessor or other authorized agent of the department as provided in subsection (2)(a) through (f) of this section, and four dollars ($4.00) as provided in subsection (2)(g) of this section, to the county assessor or sheriff of the county or authorized agent of the department collecting such fee, which shall be deposited with the county treasurer and credited to the county current expense fund when collected by the county. When fees are collected by the department or an authorized agent of the department, such fees shall be deposited with the issuing entity. The remainder of the fees collected as provided in that subsection shall be paid by the department to the state treasurer and placed in the state highway account.
   2. The fee collected under subsection (2)(k) of this section for a VIN inspection shall be placed in the city general fund if conducted by a city peace officer, in the county current expense fund if conducted by a county peace officer, shall be retained by the special agent authorized to perform the inspection, or paid to the state treasurer and placed to the credit of the Idaho state police if conducted by the Idaho state police or in the state highway account if conducted by the department.
   3. The fee collected under subsection (2)(o) of this section for filing release of liability statements shall be retained by the county assessor of the county collecting such fee and shall be deposited with the county treasurer and credited to the county current expense fund. Any fees collected by the department for filing release of liability statements shall be retained by the department.
   4. The fee in subsection (2)(m) of this section shall not apply when the Idaho-based motor carrier or its representative obtains and prints the document using internet access.
   5. The fee collected under subsection (2)(p) of this section for motor carriers shall be paid by the department to the state treasurer and placed in the state highway account. The director and the director of the Idaho state police shall jointly determine the amount to be transferred from the state highway account to the law enforcement fund for motor carrier safety programs conducted by the Idaho state police pursuant to the provisions of section 67-2901A, Idaho Code.
6. The department as often as practicable may provide to law enforcement agencies the record of suspensions and revocations of driver licenses via the public safety and security information system (ILETS).
7. The department shall provide the forms prescribed in chapter 5 of this title, shall receive and file in its office in Ada county all instruments required in chapter 5 of this title to be filed with the department, shall prescribe a uniform method of numbering certificates of title, and shall maintain in the department indices for such certificates of title. All indices shall be by motor or identification number and alphabetical by name of the owner.
8. The department shall file each registration received under a distinctive registration number assigned to the vehicle and to the owner thereof.
9. The department shall not renew a driver’s license or identification card when fees required by law have not been paid or where fees for past periods are due, owing and unpaid including insufficient fund checks, until those fees have been paid.
10. The department shall not grant the registration of a vehicle when:
    1. The applicant is not entitled to registration under the provisions of this title; or
    2. The applicant has neglected or refused to furnish the department with the information required in the appropriate form or reasonable additional information required by the department; or
    3. The fees required by law have not been paid, or where fees for past registration periods are due, owing and unpaid including insufficient fund checks.
11. The department or its authorized agents have the authority to request any person to submit to medical, vision, highway, or written examinations, to protect the safety of the public upon the highways. The department or its authorized agents may exercise such authority based upon evidence which may include, but is not limited to, observations made.
12. The department shall revoke the registration of any vehicle:
    1. Which the department shall determine is unsafe or unfit to be operated or is not equipped as required by law;
    2. Whenever the person to whom the registration card or registration plate has been issued shall make or permit to be made any unlawful use of the same or permit their use by a person not entitled thereto;
    3. For any violation of vehicle registration requirements by the owner or operator in the current or past registration periods;
    4. Whenever a motor carrier requests revocation, or whenever an interstate carrier’s federal operating authority has been revoked;
    5. For failure of the owner or operator to file the reports required or nonpayment of audit assessments or fees assessed against the owner by the department or the state tax commission pursuant to audit under the provisions of section 49-439, Idaho Code;
    6. Identified by any city or county administering a program established by ordinance for the inspection and readjustment of motor vehicles (which program is part of an approved state implementation plan adopted by both the state and federal governments under 42 U.S.C. 7410) as having failed to comply with an ordinance requiring motor vehicle emission inspection and readjustment; provided that no vehicle shall be identified to the department under this subsection unless:
       1. The city or county certifies to the department that the owner of the motor vehicle has been given notice and had the opportunity for a hearing concerning compliance with the ordinance and has exhausted all remedies and appeals from any determination made at such hearing; and
       2. The city or county reimburses the department for all direct costs associated with the registration revocation procedure.
13. The department shall not reregister or permit a vehicle to operate on a special trip permit until all fees, penalties and interest have been paid.
14. The department shall institute educational programs, demonstrations, exhibits and displays.
15. The department shall cancel a driver’s license or identification card when fees required by law have not been paid or where fees are due, owing and unpaid including insufficient fund checks, until those fees have been paid. (16) The department shall examine persons and vehicles by written, oral, vision and skills tests without compulsion except as provided by law.

Additional contractor fee, not to exceed ............................... $4.00

(17) The department shall employ expert and special help as needed in the department.

(18) The department shall compile accident statistics and disseminate information relating to those statistics.

(19) The department shall cooperate with the United States in the elimination of road hazards, whether of a physical, visual or mental character.

(20) The department shall place and maintain traffic-control devices, conforming to the board’s manual and specifications, upon all state highways as it shall deem necessary to indicate and to carry out the provisions of this title or to regulate, warn, or guide traffic. No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the department except by the latter’s permission. The placement and maintenance of such a traffic-control device by a local authority shall be made according to the board’s manual and specifications for a uniform system of traffic-control devices.

(21) The department may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and, if it shall find that the structure cannot with safety to itself withstand vehicles traveling at a speed otherwise permissible under this title, shall determine and declare the maximum speed of vehicles which the structure can safely withstand, and shall cause or permit suitable signs stating the maximum speed to be erected and maintained before each end of the structure.

(22) Whenever the department shall determine on the basis of an engineering and traffic investigation that slow speeds on any highway or part of a highway impede the normal and reasonable movement of traffic, the department may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law, and that limit shall be effective when posted upon appropriate fixed or variable signs.

(23) The department shall regulate or prohibit the use of any controlled-access highway by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.

(24) The department shall erect and maintain traffic-control devices on controlled-access highways on which any prohibitions are applicable.

(25) The department and local authorities are authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of those zones and when signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey those directions.

(26) The department and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this title or title 40, Idaho Code.

(27) The department and local highway authorities within their respective jurisdictions may place official traffic-control devices prohibiting, limiting or restricting the stopping, standing or parking of vehicles on any highway where such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles unduly interferes with the free movement of traffic thereon. (28) On any informational material printed after July 1, 1995, by or at the order of the department and distributed to counties, school districts or individuals for the purpose of assisting a person to successfully pass a driver’s license test, the department shall include material about the state’s open range law and responsibilities, liabilities and obligations of drivers driving in the open range.

§ 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 information about any individual when such information was obtained from a motor vehicle or driver record.
2. Personal information shall be disclosed, except as restricted in subsection (6) of this section, for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act (15 USC 1231 et seq.), the Motor Vehicle Information and Cost Savings Act (49 USC 32101 et seq.), the National Traffic and Motor Vehicle Safety Act of 1966, the Anti Car Theft Act of 1992, and the Clean Air Act (42 USC 7401 et seq., as amended.)
3. Personal information may be disclosed if the requesting person demonstrates in such form and manner as the department prescribes, that he has obtained the written consent of the individual to whom the personal information pertains.
4. Personal information may be disclosed, except as restricted in subsection (6) of this section, on proof of the identity of the person requesting a record, and representation by such person that the use of the personal information will be strictly limited to any of the following described uses:
   1. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions.
   2. For use in matters of motor vehicle or driver safety and theft; motor vehicle emissions, motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities, including survey research; and removal of nonowner records from the original records of motor vehicle manufacturers.
   3. For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only:
      1. To verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors; and
      2. If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
   4. For use in connection with any civil, criminal, administrative or arbitral proceeding in any federal, state or local court or agency or before any self-regulatory body, including the services of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court.
   5. For use in research activities, and for use in producing statistical reports, so long as personal information is not published, redisclosed or used to contact individuals.
   6. For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees or contractors, in connection with claims investigation activities, rating or underwriting.
   7. For use in providing notice to the owners of towed or impounded vehicles.
   8. For use by any licensed private investigative agency or licensed security service for any purpose permitted under the provisions of title 49, Idaho Code.
   9. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 USC 31101 et seq.).
   10. For bulk distribution for surveys, marketing, or solicitations if the department has obtained the written consent of the person to whom such personal information pertains.
   11. For any other use specifically authorized under Idaho Code, if such use is related to public safety or the operation of a motor vehicle.
   12. For use in connection with the operation of private toll transportation facilities, including companies that operate parking facilities for the purpose of providing notice to the owners of vehicles who have used the facility.
5. Personal information obtained in an individual’s motor vehicle or driver record shall be disclosed, except as restricted in subsection (6) of this section, in response to requests for individual motor vehicle or driver records without regard to the intended use of such personal information if the department has obtained the written consent of the person to whom such personal information pertains.
6. In addition to the restrictions and prohibitions on the disclosure of personal information contained in motor vehicle and driver records, an individual’s photograph, digitized image of a photograph, digitized signature, social security number, and medical or disability information shall not be disclosed without the written consent of the person to whom such information pertains, except for uses permitted under subsections (4)(a) and (4)(d) of this section.
7. Authorized recipients of personal information may redisseminate such information only for those purposes set forth in paragraphs (a) through ( l ) of subsection (4) of this section. For the purposes of this subsection (7), “authorized recipients” means an individual, organization or entity who receives personal information for uses permitted in paragraphs (a) through ( l ) of subsection (4) of this section and includes record redisseminators who agree to redisseminate such information only for the purposes set forth in paragraphs (a) through ( l ) of subsection (4) of this section.

§ 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, upon receiving a request for personal information that is not subject to disclosure as provided in section 49-203, Idaho Code, may mail a copy of such request to each individual who is the subject of the personal information, informing the individual of the request, together with a statement to the effect that disclosure is prohibited and will not be made unless the individual affirmatively elects to waive such individual’s right to privacy in the requested personal information.
2. Disclosure of personal information permitted under the provisions of chapter 2, title 49, Idaho Code, shall be subject to payment by the requesting person to the department of all fees for the information required by statute, rule or the terms of any contract with the requesting person, on such terms for payment as may be required or agreed.

§ 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 of perjury.

§ 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 the duties prescribed in chapters 4 and 5 of title 49, Idaho Code. Such agent shall post a faithful performance bond in an amount and form acceptable to the department. The assessor may negotiate for reasonable reimbursement of expenses to an agent for any duties performed by the agent under terms of agreement with the county assessor.
2. The county assessors shall receive and file in their respective offices all instruments required by chapter 5 of this title to be filed with the county assessors.
3. It shall be the duty of peace officers within the state of Idaho to enforce and make arrests for the violation of the provisions of this title without the necessity of procuring a warrant. It shall be the duty of authorized employees of the department to enforce compliance with the laws in accordance with section 40-511, Idaho Code.

§ 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 this title unless expressly authorized.

§ 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 applicable, any tax, license or permit for the free use of the public highways of a county or city, or prohibiting or excluding any owner or dealer from the free use of such highways or excluding or prohibiting any vehicle registered in compliance with the provisions of this title from the free use of the highways. Powers given by general statutes to local authorities in cities to enact general ordinances applicable equally and generally to all vehicles and the use of highways to bring about the orderly passage of vehicles upon certain highways in such cities where the traffic is heavy and continuous, and powers given to cities to regulate vehicles offered to the public for hire, or processions, assemblages or parades on the highways or in public places shall remain in full force and effect, and all ordinances which may have been or which may be enacted in pursuance of those powers shall remain in full force and effect. These provisions of law shall not be construed to prevent cities from enacting and enforcing general ordinances prescribing additional requirements as to speed, manner of driving or operating vehicles on any of the highways of such cities, and prescribing other requirements pertaining to signals to be given by drivers or operators of motor vehicles, the carrying of lights on motor vehicles, the turning of motor vehicles on highways, and requirements for motor vehicles in passing other vehicles and pedestrians.
2. Whenever local authorities in their respective jurisdictions determine on the basis of an engineering or traffic investigation, and the residential, urban or business character of the neighborhood abutting the highway in a residential, business or urban district that the speed limit permitted under this title is greater than is reasonable and safe under the conditions found to exist upon a highway or part of a highway or because of the residential, urban or business character of the neighborhood abutting the highway in a residential, business or urban district, the local authority may determine and declare a reasonable and safe maximum limit which:
   1. Decreases the limit within a residential, business or urban district;
   2. Increases the limit within a nonresidential area of an urban district but not to more than seventy (70) miles per hour; or
   3. Decreases the limit outside an urban district.
3. Local authorities in their respective jurisdictions shall determine by an engineering or traffic investigation the proper maximum speed not exceeding a maximum limit of seventy (70) miles per hour for all arterial highways and shall declare a reasonable and safe maximum limit which may be greater or less than the limit permitted under this title for an urban district.

§ 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:
   1. Regulating or prohibiting stopping, standing or parking;
   2. Regulating traffic by means of peace officers or traffic-control devices;
   3. Regulating or prohibiting processions or assemblages on the highways;
   4. Designating particular highways for use by traffic moving in one (1) direction;
   5. Establishing speed limits for vehicles in public parks;
   6. Designating any highway as a through highway or designating any intersection or junction of highways as a stop or yield intersection or junction;
   7. Restricting the use of highways as authorized in chapter 10, title 49, Idaho Code;
   8. Regulating or prohibiting the turning of vehicles or specified types of vehicles;
   9. Altering or establishing speed limits;
   10. Designating no-passing zones;
   11. Prohibiting or regulating the use of controlled-access highways by any class or kind of traffic;
   12. Prohibiting or regulating the use of heavily traveled highways by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;
   13. Establishing minimum speed limits;
   14. Prohibiting pedestrians from crossing a highway in a business district or any designated highway except in a crosswalk;
   15. Restricting pedestrian crossings at unmarked crosswalks;
   16. Establishing the maximum speed of vehicles on a bridge or other elevated structure;
   17. Requiring written accident reports;
   18. Regulating persons propelling pushcarts;
   19. Regulating persons upon skates, coasters, sleds and other toy vehicles;
   20. Adopting and enforcing temporary or experimental regulations as may be necessary to cover emergencies or special conditions;
   21. Prohibiting drivers of ambulances from exceeding maximum speed limits;
   22. Adopting such other traffic regulations as are specifically authorized by this title.
2. No ordinance or regulation enacted under paragraphs (d) through (p) of subsection (1) of this section shall be effective until traffic-control devices giving notice of local traffic regulations are erected upon or at the entrances to the highway or part affected as may be most appropriate.
3. No local authority shall erect or maintain any traffic-control device at any location so as to require traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the department.
4. Local authorities by ordinance may adopt by reference all or any part of title 49, Idaho Code, without publishing or posting in full the provisions thereof, provided that not less than one (1) copy is available for public use and examination in the office of the clerk.

§ 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 traffic ordinances, or to regulate, warn or guide traffic. All traffic-control devices erected shall conform to the state manual and specifications referred to in section 49-201, Idaho Code; provided, however, that any offense created hereunder shall constitute an infraction as the same is defined in section 49-3401(3) [49-110], Idaho Code.

§ 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 crosswalk.

§ 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 yield the right-of-way to vehicles. Restrictions shall be effective only when traffic-control devices indicating the restrictions are in place.

§ 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 or other junctions at which vehicular traffic on one or more of the highways should yield, or stop and yield, before entering the intersection or junction.

§ 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 person with a disability, or a special placard as prescribed in section 49-410, Idaho Code. Any parking zones and spaces so designated shall conform to the following requirements:
   1. Parking lots will conform to the requirements of federal Public Law 101-336, Americans with disabilities act of 1990.
   2. One (1) parking space shall be designated for every thirty-five (35) spaces of on-street parking available on each downtown street block. These parking spaces shall be parallel with the sidewalk where parallel parking is required, or at an angle to the sidewalk where angle parking is required. Should angle parking be used, the parking spaces so designated for use by a person with a disability shall conform to the federal Americans with disabilities act. All accessible parking spaces shall be located on the shortest route to curb cuts and ramps for use by wheelchairs and other mobility aids and devices. For the purposes of this section, the term “downtown” means the business center of a city as designated by the city council of the city. The term “street block” means that portion of a city street between consecutive parallel intersections.
   3. For each designated parking space or area there shall be posted immediately adjacent to, and visible from each stall or space, a sign consisting of the international accessibility symbol as shown in section 49-410, Idaho Code.
   4. Should any city desire to modify any of the requirements of subsection (1)(a) or (b) of this section, a city council may do so by ordinance, after complying with the following requirements:
      1. The city council, or any other body designated by the city council by ordinance, shall receive a recommendation from a board, commission or committee created in conformity with section 50-210, Idaho Code, of which at least one-half (½) of the members shall be persons with a disability as defined in section 49-117, Idaho Code; and
      2. The city shall cause notice of public hearing on the proposed ordinance modifying the standards specified in subsection (1) (a) or (b) of this section, to be published in a newspaper of general circulation in the city at least fourteen (14) days before the public hearing.
2. Parking a vehicle or the standing of a vehicle in a space reserved for a person with a disability, which space is signed in conformance with the requirements specified in subsection (1)(c) of this section, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or placard or temporary placard for a person with a disability is displayed on the vehicle. It is prohibited for any person to park a motor vehicle in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in such manner as it would block access to a curb cut or ramp. The registered owner of a vehicle parked in violation of the provisions of this subsection is guilty of an infraction, which is punishable by a fine of one hundred dollars ($100). Vehicles parked in violation of this section may be towed pursuant to provisions of state law or local ordinance. (3) Law enforcement officials and/or their designees as authorized by a city or county are empowered to enter upon private property open to public use to enforce the provisions of this section.

§ 49-214 — 49-216. [Amended and Redesignated.]

§ 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 removal from office or employment. Any person operating a school bus under contract with a school or school district who fails to comply with any regulations may be guilty of breach of contract and such contract may be cancelled after notice of hearing by the responsible officers of the school or school district.

§ 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 execution of emergency governmental functions.

Any person who operates a motor vehicle in a manner which would lead one to reasonably believe it was an emergency vehicle without prior approval of the director of the Idaho state police, shall be guilty of a misdemeanor and shall be subject to a fine of not less than three hundred dollars ($300) and may be incarcerated for not more than thirty (30) days in jail for each occurrence.

§ 49-219. [Amended and Redesignated.]

§ 49-220. [Reserved.]

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 sight obstructions constitute a potential traffic hazard. The above sight obstructions shall not extend more than three (3) feet, or less than ten (10) feet, in height above the existing center line highway elevation within the vision triangle of vehicle operators. The boundaries of the vision triangle are defined by measuring from the intersection of the edges of two (2) adjacent highways forty (40) feet along each highway and connecting the two (2) points with a straight line. The sight distance obstruction restriction is also applicable to railroad-highway grade crossings with vision triangle defined by measuring forty (40) feet along the railroad property line when intersecting with a highway.
2. When the department or any local authority determines that a traffic hazard exists, it may notify the owner and order that the hazard be removed within an appropriate time as determined by the department or local authority, considering the circumstances and conditions involved. The appropriate time may be specified in the notice. Such notice shall not obligate the department or local authorities to pursue removal or abatement until all legal remedies are exhausted.
3. The failure of the owner to remove the traffic hazard within the appropriate specified time shall constitute a misdemeanor and every day the owner shall fail to remove the obstruction may be considered a separate and distinct offense. Civil action may also be initiated by state or local officials to enforce vision triangle restrictions.
4. Local officials may, by resolution or ordinance, establish standards and procedures for protecting vision triangles at the intersections of local streets and roads. Such locally adopted standards or procedures, which may be more or less restrictive than the provisions hereof, shall not modify the standards established by this section concerning intersections with state maintained highways and intersections with railroads.

§ 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 other or different or additional conditions than those specified in this title, or otherwise regulating such use as may seem best to the owner, except as provided in section 49-213, Idaho Code.

§ 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.

§ 49-224. [Repealed.]

§ 49-225. [Amended and Redesignated.

§ 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 misdemeanor, unless the damages caused to the vehicle as a result of a violation of this section exceed one thousand dollars ($1,000) in value, or the value of property taken from the vehicle exceeds one thousand dollars ($1,000), or a combination of the damages caused to the vehicle and the value of property taken exceeds one thousand dollars ($1,000), in which case such person is guilty of a felony. The consent of the owner of a vehicle to its taking or operating shall not in any case be presumed or implied because of such owner’s consent on a previous occasion to the taking or operating of the vehicle by the same or a different person. Any person who assists in, or is a party or accessory to or an accomplice in any unauthorized taking or operation shall also be guilty of a misdemeanor, unless the damages caused to the vehicle as a result of a violation of this section exceed one thousand dollars ($1,000) in value, or the value of property taken from the vehicle exceeds one thousand dollars ($1,000), or a combination of the damages caused to the vehicle and the value of property taken exceeds one thousand dollars ($1,000), in which case such person is guilty of a felony. For the purpose of this section vehicle shall include, but is not limited to vehicles defined in section 49-123, Idaho Code, boats, airplanes, snowmobiles, three and four wheel all-terrain vehicles, hot air balloons, hang gliders, jet skis and motorcycles.

§ 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 or destroying the vehicle, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of the vehicle, or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of the vehicle shall be guilty of a misdemeanor.

§ 49-230. Tampering with vehicle. [Repealed.]

Repealed by S.L. 2015, ch. 142, § 2, effective July 1, 2015.

§ 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 tractor or farm implement from which the manufacturer’s serial or engine number or other distinguishing number or identification mark or number, has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of the tractor, trailer or farm implement or engine, is guilty of a felony.

§ 49-231A. [Amended and Redesignated.]

§ 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 shall any person place or stamp any fictitious or unauthorized serial, engine or other number of distinguishing mark with the intention that the same pass for a number or mark placed thereon by the manufacturer of the vehicle or tractor or farm implement. This section shall not prohibit the restoration by an owner or repair man of an original serial, engine or other number or distinguishing mark, but is designed to prohibit and prevent the fraudulent removal or alteration of marks or numbers placed on the vehicles or tractors and other farm implements by the manufacturer.

§ 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 submit the vehicle and its equipment to an inspection and a test as may be appropriate.
2. In the event a vehicle is found to be in an unsafe condition, or the required equipment is not present, or is not in proper repair and adjustment, the officer shall give a written notice to the driver and send a copy to the Idaho state police. The notice shall require that the vehicle be placed in safe condition and its equipment in proper repair and adjustment, and a certificate of inspection and approval for the vehicle be obtained within five (5) days. Every owner or driver upon receiving such a notice shall comply with the notice and shall within the five (5) days secure an endorsement upon the notice by the person making the repair or adjustment that the vehicle is in safe condition and its equipment in proper repair and adjustment, and shall forward the notice to the Idaho state police.
3. No person shall operate any vehicle after receiving a notice as provided in this section, until the vehicle and its equipment have been placed in proper repair and adjustment and otherwise made to conform to the requirements of this title.

§ 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 specifically provided.
2. It is an infraction for any person to violate any of the provisions of chapters 3, 4 and 6 through 9 of this title unless otherwise specifically provided.
3. Any offense punishable by imprisonment in the state penitentiary is a felony.
4. Punishments shall be as provided in sections 18-111, 18-112, 18-113 and 18-113A, Idaho Code, unless otherwise specifically provided.
5. Whenever a person is arrested for any violation of the provisions of this title declared to be a felony, he shall be dealt with in like manner as upon arrest for the commission of any other felony.
6. It is an infraction punishable by a fine of seventy-five dollars ($75.00) for any person to violate the provisions of either section 49-1229, 49-1232 or 49-1428, Idaho Code.

§ 49-237. Records to be sent to department.

Upon the conviction or reversal of conviction of any person for the violation of any of the provisions of this title, the judicial officer before whom the proceedings are had or the clerk of the district court shall immediately transmit the facts of the case to the department, either in paper or electronic form, including the name, address, date of birth, and the driver’s license number or social security number of the party charged, and any judgment issued, including a withheld judgment. The judicial officer or the clerk of the district court shall also forward to the department information regarding the character of the punishment, and the amount of any fine imposed and paid, the ordered sentence and its terms, and the ordered suspension period, including when the suspension is to commence. The information provided to the department shall be certified if submitted in paper form; no certification is required for electronic transfers of information. The department shall enter the facts either in the records of registered vehicles, or in the records of registered dealers, or in the driver’s license records, as the case may be, opposite the name of the person so convicted, and in the case of any other person, in a record of offenders, to be kept for that purpose. If an individual is reincarcerated while that person’s driver’s license or driving privileges are suspended, the department of correction is to notify the department that the individual is reincarcerated, as well as the terms and period of reincarceration. If the conviction be reversed on appeal, the person whose conviction has been reversed may serve on the department a certified copy of the order of reversal, and the department shall enter the reversal in the proper records.

§ 49-238. Charging violations and rule in civil actions.

1. In every charge of violation of any speed regulation in this title, the complaint or citation shall specify the speed at which the defendant is alleged to have been driving and the speed limit applicable within the district or at the location.
2. The provision of this title declaring maximum speed limitations shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.
3. Upon the trial of any person charged with a violation of speed limitations, proof of determination of the maximum speed by the local jurisdictions and the existence of appropriate signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to a bridge or structure.

§ 49-240. Certain circumstances for forfeiture of bond for traffic offenses.

1. Whenever a person has received a written uniform misdemeanor traffic citation, summons or complaint containing a notice to appear before a magistrate, and if the attorney prosecuting the case and the defendant concur that it is in the best interest of justice that the defendant may post and forfeit an amount of the bond agreed upon by the parties, the court shall dismiss the charge. When bond is forfeited under the provisions of this subsection, no violation points, as prescribed in section 49-326, Idaho Code, shall accrue. A forfeiture of bond under the provisions of this subsection shall not be recorded as a conviction, but the proceeds of the bond shall be distributed as court costs and fines as though there were a conviction.
2. The provisions of subsection (1) of this section shall not be available when citations, summons or complaints are written for a violation of the provisions of section 18-8001, 18-8004, 18-8006 or 49-1401, Idaho Code.
3. Whenever a person who, while operating a commercial motor vehicle or whenever a holder of a class A, B or C license, has received a written uniform traffic citation, summons or complaint containing a notice to appear before a magistrate for an offense arising out of the operation of a motor vehicle, any bond forfeiture shall be treated as though it were a conviction.

§ 49-241, 49-242. [Reserved.]

The provisions of this title are declared to be severable, and if any provision of this title or the application of that provision to any person or circumstance is declared invalid for any reason, that declaration shall not affect the validity of remaining portions of this title.

§ 49-244. Idaho residency and domicile requirements — Indian reservations.

Notwithstanding the residency and domicile requirements provided for in chapters 1, 4 and 5 of title 49, Idaho Code, enrolled tribal members, residing and domiciled within the boundaries of a federally recognized Indian reservation, which boundaries are located in whole or in part within this state, shall be considered Idaho residents for purposes of vehicle registration and vehicle titling in Idaho.

§ 49-245, 49-246. [Amended and Redesignated.]

§ 49-301. Drivers to be licensed.

1. No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver’s license. Provided however, that those persons holding a restricted school attendance driving permit may drive upon a highway pursuant to the restrictions set forth in section 49-307A, Idaho Code.
2. No person shall operate a motorcycle upon a highway unless he has a motorcycle endorsement on his valid driver’s license. The provisions of this subsection shall not apply to persons operating autocycles.
3. No person shall operate a motor vehicle in violation of any valid restriction identified on, or attached to, his valid driver’s license.
4. No person shall receive a class D driver’s license unless and until he surrenders to the department all driver’s licenses in his possession issued to him by Idaho or any other jurisdiction for use within the United States, or any identification cards issued by any other jurisdiction within the United States, or until he executes an affidavit that he does not possess a driver’s license or any identification cards.
5. No person shall be permitted to have more than one (1) driver’s license issued for use within the United States at any time.
6. No person shall operate a commercial motor vehicle as defined in section 49-123, Idaho Code, upon a highway:
   1. Without obtaining a commercial driver’s license.
   2. Without having the appropriate class A, B or C commercial driver’s license in the operator’s possession.
   3. Without the proper license class of commercial driver’s license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
   4. Unless the operator has a seasonal or class A, B or C driver’s license with required endorsements in his possession.
   5. Without having a current and valid medical examiner’s certificate on file with the department while operating in a “non-excepted” status as required by the federal motor carrier safety administration. Medical examiner’s certificates submitted for filing must be legible and shall be submitted in a manner acceptable to the department. If the federal motor carrier safety administration has issued a medical exemption letter or skill performance evaluation certificate, the driver must have the current and valid documentation in physical possession and available upon request to a duly authorized federal, state or local enforcement official.
7. Any holder of a class A, B or C commercial driver’s license issued by a jurisdiction other than Idaho shall apply for an Idaho-issued commercial driver’s license within thirty (30) days of establishing a domicile in Idaho. In accordance with the federal motor carrier safety regulations, no person shall receive a class A, B or C driver’s license unless and until he surrenders to the department all driver’s licenses in his possession issued to him by Idaho or any other jurisdiction.

§ 49-302. What persons are exempt from license.

The following persons are exempt from licensing if driving privileges are not suspended, canceled, revoked, disqualified, denied or refused:

1. Any person while driving or operating any farm tractor or implement of husbandry when incidentally operated on a highway.
2. Farmers are exempt from obtaining a class A, B or C driver’s license to operate a commercial motor vehicle which is:
   1. Controlled and operated by a farmer, including operation by employees or family members; and
   2. Used to transport either agricultural products, farm machinery, farm supplies, or both, to or from a farm; and
   3. Not used in the operations of a common or contract motor carrier; and
   4. Used within one hundred fifty (150) miles of the person’s farm.
3. Any person is exempt from obtaining a class A, B or C driver’s license for the operation of commercial motor vehicles which are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulations.
4. Any person is exempt from obtaining a class A, B or C license to operate a commercial vehicle which is exclusively used to transport personal possessions or family members for nonbusiness or recreational purposes.
5. A nonresident who is at least fifteen (15) years of age and who has in his immediate possession a valid driver’s license issued to him in his home state or country may operate a motor vehicle in Idaho only as a class D operator with driving privileges restricted to daylight hours only except as provided in section 49-307(9), Idaho Code, and with full privileges at sixteen (16) years of age, and only if Idaho residency is not established.
6. A nonresident who is at least fifteen (15) years of age and who has in his possession a valid driver’s license with a motorcycle endorsement or who has a valid motorcycle driver’s license issued to him in his home state or country may operate a motorcycle in Idaho with driving privileges restricted to daylight hours only, and with full privileges at sixteen (16) years of age.
7. A nonresident who has in his immediate possession a valid commercial driver’s license issued to him in his home state or country may operate a motor vehicle in Idaho.
8. A nonresident on active duty in the armed forces of the United States who has a valid driver’s license issued by his home jurisdiction, and such nonresident’s spouse or dependent son or daughter who has a valid driver’s license issued by such person’s home jurisdiction.
9. Any active duty military personnel, active duty U.S. coast guard personnel, and members of the reserves and national guard on active duty including personnel on full-time national guard duty, personnel on part-time training and national guard military technicians who as civilians are required to wear military uniforms and are subject to the code of military justice, are exempt from obtaining a commercial driver’s license to operate military vehicles. This exemption does not apply to U.S. reserve technicians.
10. Any person with a valid driver’s license issued in their name is exempt from the requirement to obtain a motorcycle endorsement on the license when operating a motorcycle on highways or sections of highways designated for unregistered motorcycle use under section 49-426(3), Idaho Code. (11) Any person under the age of sixteen (16) years when operating an ATV, UTV, specialty off-highway vehicle or motorbike on roads on federal or state land where the road is not part of the highway system of the state of Idaho or local road management authority and is supervised by a licensed adult operator eighteen (18) years of age or older, and the road is open for such use, subject to the following:
    1. Any unlicensed operators under the age of sixteen (16) years, on national forest roads must have completed a motorbike or ATV safety course approved by the Idaho department of parks and recreation, and a certificate or other proof of completion of such safety course shall be in the possession of the unlicensed operator of any ATV, UTV, specialty off-highway vehicle or motorbike, or shall be present in the vehicle at all times when the vehicle is operated on national forest roads. The certificate or proof of completion shall be provided for inspection to any peace officer upon request. No person shall be convicted of violating the provisions of this subsection if that person produces, at any time prior to conviction, the certificate or proof of completion of the approved safety course where the certificate shows completion of the course prior to the violation. In the event of a violation of the provisions of this subsection, the supervising adult may be charged with an infraction.
    2. For purposes of this subsection, “supervised” means that the supervising adult must be in a position, on another ATV, UTV, specialty off-highway vehicle or motorbike, or if on the ground, within three hundred (300) feet of the unlicensed operator, to provide close support, assistance or direction to the unlicensed operator.

§ 49-303. What persons shall not be licensed.

The department shall not issue any driver’s license, any instruction permit, privileges or right to drive and if issued, may revoke or cancel the driver’s license of a person who:

1. As an operator of a vehicle requiring a class D driver’s license, is under the age of seventeen (17) years, except that the department may issue a driver’s license to any person who has successfully completed an approved driver’s training course, has completed the requirements of a class D supervised instruction permit, and who is at least fifteen (15) years of age, with driving privileges restricted to daylight hours only except as provided in section 49-307(9), Idaho Code, and with full privileges at sixteen (16) years of age. The restriction of daylight hours only shall mean that period of time one-half (½) hour before sunrise to one-half (½) hour after sunset. If a person who is at least fifteen (15) years but is under seventeen (17) years of age has successfully completed an approved driver’s training course and has been issued a driver’s license in another state, he may be issued a class D driver’s license in this state. Provided however, that a restricted school attendance driving permit may be issued to those persons meeting the criteria set forth in section 49-307A, Idaho Code.
2. As an operator of a vehicle requiring a class D driver’s license, is under the age of seventeen (17) years and has not successfully completed an approved driver’s training course and has not satisfied the requirements of a class D supervised instruction permit. Provided however, that a restricted school attendance driving permit may be issued to those persons meeting the criteria set forth in section 49-307A, Idaho Code.
3. As an operator of a commercial vehicle requiring a class A, B or C driver’s license is under the age of eighteen (18) years.
4. Applicants with less than one (1) year of driving experience, as evidenced by a previous driver’s license shall not be issued a class A, B or C driver’s license or a class A, B or C instruction permit.
5. As a driver has had his license, class D instruction permit, restricted school attendance driving permit, privileges or right to drive suspended for the duration of the suspension, nor to any person who has had his class D driver’s training instruction permit or class D supervised instruction permit canceled for the duration of the cancellation, nor to any person whose license has been revoked, suspended, canceled or disqualified by this state or any other jurisdiction; provided however, where a driver’s license has been revoked, suspended, canceled or disqualified in any other jurisdiction, and the driver has completed the period of revocation, suspension, cancellation or disqualification as specified by the jurisdiction, that person may be granted a class D driver’s license in this state if five (5) years have elapsed from the time of eligibility for reinstatement in the other jurisdiction, even though the driver has not fulfilled the requirements for reinstatement in the other jurisdiction.
6. Has been adjudged by a court of competent jurisdiction to be an habitual drunkard or addicted to the use of narcotic drugs, and such order has been received by the department.
7. Has been adjudged by a licensed physician or by a court of competent jurisdiction to be afflicted with or suffering from any mental incompetence that would affect the person’s ability to safely operate a motor vehicle and who has not at the time of application been restored to competency by the methods provided by law, and such order has been received by the department.
8. Is required by the provisions of this chapter to take an examination, unless that person shall have successfully passed such examination.
9. May be required under any law of this state to furnish proof of financial responsibility and who has not furnished that proof.
10. The department has good cause to believe that the operation of a motor vehicle on the highways by that person would be harmful to public safety or welfare.
11. Is disqualified for a class A, B or C driver’s license, except he may be issued a class D driver’s license.
12. Is under eighteen (18) years of age and is not enrolled in school, has not received a waiver pursuant to or has not satisfactorily completed school as provided in section 49-303A, Idaho Code.
13. Is not a resident of the state of Idaho.
14. Is not lawfully present in the United States.

§ 49-303A. Driver’s license or permits issued to certain persons under the age of eighteen years.

1. Attendance requirements. The department may issue a driver’s license, a class D driver’s training instruction permit, a class D supervised instruction permit, or a class D instruction permit to a minor younger than eighteen (18) years of age if, at the time of application, the minor:
   1. Has received a high school diploma, a high school equivalency diploma, a special diploma or a certificate of high school completion;
   2. Is enrolled in a public or private school and satisfies relevant attendance requirements;
   3. Is enrolled in a study course in preparation for a test of general educational development and satisfies relevant attendance requirements;
   4. Is enrolled in a home education program and satisfies the requirements of rules of the state board of education and the state department of education for such programs; provided that students shall be in compliance with the requirements and have been enrolled in the home education program for at least one (1) school year prior to verification of the attendance request, unless documentation of meeting the requirements of this section in the school year contiguous to enrollment in the home education program can be provided;
   5. Is enrolled in an accredited college or university;
   6. Is enrolled in a postsecondary vocational program or a postsecondary adult vocational program and satisfying relevant attendance requirements;
   7. Is enrolled in a job training program pursuant to state or federal law and satisfying relevant attendance requirements; or
   8. Is enrolled in other educational activities approved by the board of trustees of the school district and satisfying relevant attendance requirements.
2. 1. An applicant for a driver’s license who is under the age of eighteen (18) shall provide written verification of compliance with the requirements of subsection (1) of this section or receipt of a waiver therefrom pursuant to subsection (3) of this section to the department. The necessary verification shall be obtained from the school district. If the applicant is enrolled in or has graduated from a private high school, the verification shall be obtained by the applicant from the governing body of the private school. A school district shall not refuse to provide written verification of compliance with the requirements of this section to the department. (2)(a) An applicant for a driver’s license who is under the age of eighteen (18) shall provide written verification of compliance with the requirements of subsection (1) of this section or receipt of a waiver therefrom pursuant to subsection (3) of this section to the department. The necessary verification shall be obtained from the school district. If the applicant is enrolled in or has graduated from a private high school, the verification shall be obtained by the applicant from the governing body of the private school. A school district shall not refuse to provide written verification of compliance with the requirements of this section to the department.
   2. Schools may implement interventions designed to improve student attendance with their district policies and procedures.
   3. When applying for a license or any instruction permit, an applicant under age eighteen (18) must provide written verification to the department of compliance with the requirements of subsection (1) of this section or receipt of a waiver therefrom, pursuant to subsection (3) of this section. Written verification shall be obtained from the applicant’s school. The applicant’s school shall not refuse to provide written verification of compliance with the requirements of this section to the department.
3. 1. A public school principal, or the principal’s designee, or the designee of the governing body of a private school shall provide written notification to a minor and the minor’s parent, guardian or custodian of the school district’s or private school’s intent to request that the department suspend the minor’s driving privileges because the minor has dropped out of school and has failed to comply with the requirements of subsection (1) of this section. (b) The minor or the parent, guardian or custodian of the minor shall have fifteen (15) calendar days from the date of receipt of this notice to request a hearing before the public school principal, or the principal’s designee, or the designee of the governing body of a private school for the purpose of reviewing the pending suspension. The hearing shall be conducted within thirty (30) calendar days after the public school principal, or the principal’s designee, or the designee of the governing body of a private school receives the request. (3)(a) A public school principal, or the principal’s designee, or the designee of the governing body of a private school shall provide written notification to a minor and the minor’s parent, guardian or custodian of the school district’s or private school’s intent to request that the department suspend the minor’s driving privileges because the minor has dropped out of school and has failed to comply with the requirements of subsection (1) of this section. (b) The minor or the parent, guardian or custodian of the minor shall have fifteen (15) calendar days from the date of receipt of this notice to request a hearing before the public school principal, or the principal’s designee, or the designee of the governing body of a private school for the purpose of reviewing the pending suspension. The hearing shall be conducted within thirty (30) calendar days after the public school principal, or the principal’s designee, or the designee of the governing body of a private school receives the request.
4. Any person denied a hardship waiver by a public school principal, or the principal’s designee, or the designee of the governing body of a private school may appeal the decision to the board of trustees of the school district or the governing body of the private school. The public or private school shall notify the department of all students not in compliance with subsection (1) of this section or who have been granted a hardship waiver pursuant to subsection (3) of this section.
5. Upon receiving written verification that the reinstatement fees have been paid and the minor is again in compliance with the requirements of subsection (1) of this section, the department shall reinstate the minor’s privilege to drive. Thereafter, if the school district determines that the minor is not in compliance with the requirements of subsection (1), the department shall suspend the minor’s driving privilege until the minor is eighteen (18) years old or otherwise satisfies the requirements of subsection (1) of this section, whichever occurs first.
6. The department shall report quarterly to each school district the disposition of all requests to suspend driver’s licenses of students of that district. Beginning with the 1996-97 school year, each school district and each private school shall report the number of notifications issued of possible student driver’s license suspensions based on nonattendance, requests to the department to suspend a driver’s license and student driver’s licenses actually suspended.

(c) The public school principal, or the principal’s designee, or the designee of the governing body of a private school shall waive the requirements of subsection (1) of this section for any minor under its jurisdiction for whom a personal or family hardship requires that the minor have a driver’s license for his or her own or his or her family’s employment or medical care. The public school principal, or the principal’s designee, or the designee of the governing body of a private school shall take into account the recommendations of teachers, other school officials, guidance counselors or academic advisors prior to granting a waiver to the requirements of subsection (1) of this section.

(d) The hardship waiver provided in paragraph (c) of this section shall be requested, if desired by the minor or the minor’s parent, guardian or custodian at the initial hearing.

§ 49-304. Motorcycle endorsement.

The department shall issue a motorcycle “M” endorsement on a driver’s license to applicants who complete the requirements to operate a motorcycle.

1. No person may operate a motorcycle upon a highway without a motorcycle “M” endorsement on a valid driver’s license.
2. Any person who applies for a driver’s license or renewal of a license may also apply for a motorcycle “M” endorsement. The requirements for obtaining a motorcycle “M” endorsement are:
   1. The applicant shall be tested by written examination for his knowledge of safe motorcycle operating practices and traffic laws specific to the operation of motorcycles upon payment of the fee specified in section 49-306, Idaho Code.
   2. Upon successful completion of the knowledge test and upon payment of the fee required for an “M” endorsement, the applicant shall obtain a motorcycle “M” endorsement on his driver’s license.
3. No person under the age of twenty-one (21) years may apply for or obtain a motorcycle “M” endorsement on his driver’s license unless he has successfully completed a motorcycle rider training course approved under the provisions of chapter 49, title 33, Idaho Code, in addition to satisfying the requirements specified in subsection (2) of this section. The provisions of this subsection shall not be effective unless and until the motorcycle rider training course is fully implemented by the division of career technical education.
4. Any person who applies for a motorcycle endorsement on a driver’s license, in addition to the requirements specified in subsection (2) of this section, may also be required to pass the motorcycle “M” skills test before he can obtain the motorcycle “M” endorsement.
5. The operation of a motorcycle upon a highway by any person who has failed to obtain a motorcycle “M” endorsement as provided in this section shall constitute an infraction.
6. The provisions of this section shall not apply to persons operating autocycles.

§ 49-305. Instruction permits — Commercial learner’s permit — Temporary licenses — Motorcycle endorsement instruction permit.

1. Upon passage of the required knowledge tests appropriate for the vehicle being operated, the department may issue a commercial learner’s permit for the type of vehicle(s) the person will be operating, or a class D instruction permit for a class D motor vehicle, entitling the applicant, while having the permit in his immediate possession, to drive a motor vehicle upon the highways for a period of up to one hundred eighty (180) days or as provided in paragraph (b) of this subsection (1) for certain class D instruction permits. That person must be accompanied by an adult driver eighteen (18) years of age or older who holds a valid driver’s license appropriate for the vehicle being operated and who is actually occupying a seat beside the driver. Unless otherwise provided, a commercial learner’s permit or class D instruction permit will be valid for one hundred eighty (180) days and may be renewed one (1) time without requiring the permit holder to retake and pass the required knowledge tests for that class of permit, provided the knowledge tests are less than one (1) year old.
   1. Any person under the age of seventeen (17) years who has successfully completed an approved driver’s training course and has satisfied the requirements of a class D supervised instruction permit, or any person who has reached the age of seventeen (17) years may apply for a class D instruction permit. Any person applying for any class D instruction permit or driving privileges who is under the age of eighteen (18) years shall be in compliance with school attendance requirements of section 49-303A, Idaho Code.
   2. If a person reaches the age of seventeen (17) years while operating a class D vehicle with a class D supervised instruction permit, and such class D supervised instruction permit becomes a class D instruction permit as provided in section 49-307, Idaho Code, then such class D instruction permit shall expire five (5) days after the permittee’s eighteenth birthday.
   3. Any person who has reached the age of eighteen (18) years, holds a valid Idaho class D driver’s license and has at least one (1) year of driving experience, may apply for a commercial learner’s permit.
   4. The department shall not issue a hazardous material endorsement on any commercial learner’s permit.
2. The department may, at its discretion, issue a temporary class D driver’s license to an applicant for a class D driver’s license permitting him to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant’s right to receive a driver’s license. The temporary license may be canceled at the department’s discretion at any time after issuance. The temporary license must be in the applicant’s immediate possession while operating a motor vehicle, and it shall be invalid when the applicant’s driver’s license has been issued or for good cause has been refused.
3. A certified copy of an applicant’s birth certificate shall be required before a class D driver’s license or class D instruction permit will be issued.
4. The department may issue a motorcycle endorsement instruction permit to an applicant who has a valid driver’s license and who has successfully completed the motorcycle rider’s knowledge test and paid the appropriate fees. The permit entitles the applicant, while having the permit in his immediate possession, to operate a motorcycle upon the highways for a period not to exceed one hundred eighty (180) days. The motorcycle endorsement instruction permit may be renewed one (1) time without the requirement to retake and pass the motorcycle rider’s knowledge test if the test is less than one (1) year old. If the permittee passes the skills test for a motorcycle endorsement within one hundred eighty (180) days of issuance of the motorcycle endorsement instruction permit, he shall not be required to pay the motorcycle endorsement fee. A person holding a motorcycle instruction permit shall not carry any passenger while operating a motorcycle, shall not operate a motorcycle except during the hours of daylight only and shall not operate a motorcycle upon any interstate highway system. A violation of the conditions of a motorcycle endorsement instruction permit is an infraction. The department shall cancel the permit whether or not such violation results in conviction of the infraction.

§ 49-306. Application for driver’s license, instruction permit, commercial learner’s permit or restricted school attendance driving permit.

1. Every application for any instruction permit, restricted school attendance driving permit, or for a driver’s license shall be made upon a form furnished by the department and shall be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department, agents authorized by the department, and sheriffs and their deputies are authorized to administer the oaths without charge. Every application for a permit, extension or driver’s license shall be accompanied by the following fee, none of which is refundable:
   1. Class A, B, C (4-year) license with endorsements — age 21 years and older ............................... $40.00
   2. Class A, B, C (3-year) license with endorsements — age 18 to 21 years ............................... $30.00
   3. Class A, B, C (1-year) license with endorsements — age 20 years ............................... $15.00
   4. Class D (3-year) license — under age 18 years ............................... $25.00
   5. Class D (3-year) license — age 18 to 21 years ............................... $25.00
   6. Class D (1-year) license — age 17 years or age 20 years ............................... $15.00
   7. Four-year Class D license — age 21 years and older ............................... $30.00
   8. Eight-year Class D license — age 21 to 63 years ............................... $55.00
   9. Commercial learner’s permit ............................... $29.00
   10. Class D instruction permit or supervised instruction permit ............................... $15.00
   11. Duplicate driver’s license or permit issued under section 49-318, Idaho Code ............................... $15.00
   12. Driver’s license extension issued under section 49-319, Idaho Code ............................... $10.00
   13. License classification change (upgrade) ............................... $25.00
   14. Endorsement addition ............................... $15.00
   15. Class A, B, C skills tests not more than ............................... $200.00
   16. Class D skills test not more than ............................... $35.00
   17. Motorcycle endorsement skills test not more than ............................... $25.00
   18. Knowledge test ............................... $ 3.00
   19. Seasonal driver’s license ............................... $39.00
   20. Onetime motorcycle “M” endorsement ............................... $15.00
   21. Motorcycle endorsement instruction permit ............................... $15.00
   22. Restricted driving permit or restricted school attendance driving permit ............................... $60.00
2. A person who applies for a driver’s license or a driver’s license renewal may designate a voluntary contribution of two dollars ($2.00) for the purpose of promoting and supporting organ donation. Such a contribution shall be treated as a voluntary contribution to the organ donation contribution fund created in section 49-2447, Idaho Code, and not as a driver’s license fee. (3) Every application shall state the true and full name, date of birth, sex, declaration of Idaho residency, Idaho residence address and mailing address, if different, of the applicant, height, weight, hair color, and eye color, and the applicant’s social security number as verified by the social security administration. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant may state, in his or her application pursuant to this section, the applicant’s alternative Idaho mailing address in place of his or her Idaho residence address and mailing address. Notwithstanding the provisions of section 49-303(13), Idaho Code, an applicant for a nondomiciled class A, B or C driver’s license or nondomiciled commercial learner’s permit having residency in a state that is prohibited from issuing class A, B or C driver’s licenses or commercial learner’s permits, as provided in 49 CFR 384, is excepted from providing proof of Idaho residency and an Idaho mailing address.
   1. The requirement that an applicant provide a social security number as verified by the social security administration shall apply only to applicants who have been assigned a social security number.
   2. An applicant who has not been assigned a social security number shall:
      1. Present written verification from the social security administration that the applicant has not been assigned a social security number; and
      2. Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and
      3. Submit such proof as the department may require that the applicant is lawfully present in the United States.
   3. Every application for a class A, B or C license shall state where the applicant has been licensed for the preceding ten (10) years and under which of the following driving categories the applicant will operate:
      1. Non-excepted interstate. The applicant operates or expects to operate in interstate commerce, and is required to provide a medical examiner’s certificate;
      2. Excepted interstate. The applicant operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted by the federal motor carrier safety administration from all or parts of the qualification requirements of federal motor carrier safety regulation 49, part 391, and is therefore not required to provide a medical examiner’s certificate;
      3. Non-excepted intrastate. The applicant operates only in intrastate commerce and is subject to and meets all Idaho driver qualification requirements and the applicable parts of federal motor carrier safety regulation 49, part 391, and is required to provide a medical examiner’s certificate; or
      4. Excepted intrastate. The applicant operates in intrastate commerce, but engages exclusively in exempted transportation or operations as listed in section 67-2901B(2), Idaho Code, and the applicable parts of federal motor carrier safety regulation 49, part 391, and is therefore not required to provide a medical examiner’s certificate.
   4. Deposit an amount up to twenty-five dollars ($25.00) from each fee for a motorcycle endorsement skills test in the current expense fund; provided however, if a contractor administers the skills test he shall be entitled to the entire fee;
   5. Remit the remainder to the state treasurer; and
   6. Deposit up to twenty-eight dollars and fifty cents ($28.50 from each fee for a class D skills test into the county current expense fund, unless the test is administered by a department-approved contractor, in which case the contractor shall be entitled to up to twenty-eight dollars and fifty cents ($28.50 of each fee.
   7. Five dollars and thirty cents ($5.30) of each fee for a four-year class D driver’s license, and ten dollars and sixty cents ($10.60) of each fee for an eight-year class D driver’s license, and four dollars ($4.00) of each fee charged for a license pursuant to subsection (1)(d) and (e) of this section, and one dollar and thirty-three cents ($1.33) of each fee charged for a license pursuant to subsection (1)(f) of this section shall be deposited in the driver training account; (h) Twelve dollars and seventy cents ($12.70) of each fee for a four-year class D driver’s license, and twenty dollars and forty cents ($20.40) of each fee for an eight-year class D driver’s license, and ten dollars and fifty cents ($10.50) of each fee charged for a license pursuant to subsection (1)(d) and (e) of this section, and six dollars and eighty-three cents ($6.83) of each fee charged for a license pursuant to subsection (1)(f) of this section shall be deposited in the highway distribution account;
      1. Two dollars and sixty cents ($2.60) of each fee for a class D instruction permit, duplicate class D license or permit, and class D license extension shall be deposited in the driver training account;

A driver’s license, commercial learner’s permit or any instruction permit issued on and after January 1, 1993, shall not contain an applicant’s social security number. Applications on file shall be exempt from disclosure except as provided in sections 49-202, 49-203, 49-203A and 49-204, Idaho Code.

All applications shall also state whether the applicant has previously been licensed as a driver, and if so, when and by what state or country, and whether a driver’s license or privileges have ever been suspended, revoked, denied, disqualified, canceled or whether an application has ever been refused, and if so, the date of and reason for the suspension, revocation, denial, disqualification, cancellation or refusal and the applicant’s oath that all information is correct as signified by the applicant’s signature. (d) The applicant must submit proof of identity acceptable to the examiner or the department and date of birth as set forth in a certified copy of his birth certificate. When a certified copy of his birth certificate or a delayed birth certificate is impossible to obtain from a vital statistics agency, another government-issued document may be submitted that provides satisfactory evidence of a person’s full legal name and date of birth acceptable to the examiner or the department.

(e) Every applicant for a class A, B or C driver’s license or commercial learner’s permit shall provide proof of United States citizenship or lawful permanent residency in the United States upon application for issuance, transfer, upgrade or renewal, unless the applicant’s driving record already contains documentation confirming United States citizenship or lawful permanent residency. Every applicant for a nondomiciled class A, B or C driver’s license or commercial learner’s permit domiciled in a foreign country must provide an unexpired employment authorization document issued by the department of homeland security or an unexpired foreign passport accompanied by an approved I-94 form documenting the applicant’s most recent admittance into the United States.

(f) Individuals required to register in compliance with section 3 of the federal military selective service act, 50 U.S.C. App. 451 et seq., as amended, shall be provided an opportunity to fulfill such registration requirements in conjunction with an application for a driver’s license, commercial learner’s permit or instruction permit. Any registration information so supplied shall be transmitted by the department to the selective service system.

(4) Whenever an application is received from a person previously licensed in another jurisdiction, the department shall request a copy of the driver’s record from the other jurisdiction and shall contact the national driver register. When received, the driver’s record from the previous jurisdiction shall become a part of the driver’s record in this state with the same force and effect as though entered on the driver’s record in this state in the original instance.

(5) Whenever the department receives a request for a driver’s record from another licensing jurisdiction, the record shall be forwarded without charge.

(6) The department shall contact and notify the commercial driver license information system of the proposed application for a class A, B or C driver’s license or commercial learner’s permit to ensure identification of the person and to obtain clearance to issue the license.

(7) When the fees required under this section are collected by a county officer, they shall, except as provided in subsection (8) of this section, be paid over to the county treasurer not less often than monthly, who shall immediately:

(a) Deposit an amount equal to five dollars ($5.00) from each driver’s license except an eight-year class D license, or any class D instruction permit application fees, application for a duplicate driver’s license or permit, classification change, seasonal driver’s license and additional endorsement, and ten dollars ($10.00) from each eight-year class D driver’s license, in the current expense fund;

(b) Deposit two dollars and fifty cents ($2.50) from each motorcycle endorsement and motorcycle endorsement instruction permit fee in the current expense fund;

(c) Deposit an amount equal to three dollars ($3.00) from each fee for a knowledge test in the current expense fund;

(8) When the fees required under this section are collected by the department or an agent authorized by the department, they shall be paid over to the state treasurer. When the department or an agent authorized by the department collects the fees required under this section, the portion of fees to be retained by the county shall be retained by the issuing authorized agent.

(9) The state treasurer shall distribute the moneys received from fees imposed by the provisions of this section, whether collected by a county officer or by a state officer or agency as follows:

(a) Two dollars ($2.00) of each fee for a four-year driver’s license or seasonal driver’s license, and four dollars ($4.00) of each fee for an eight-year class D driver’s license, and one dollar and fifty cents ($1.50) of each fee charged for driver’s licenses pursuant to subsection (1)(b), (d) and (e) of this section, and fifty cents (50¢) of each fee charged for driver’s licenses pursuant to subsection (1)(c) and (f) of this section shall be deposited in the emergency medical services fund II created in section 56-1018A, Idaho Code, and four dollars ($4.00) of each fee charged pursuant to subsection (1)(a), (g) and (s) of this section and eight dollars ($8.00) of each fee charged pursuant to subsection (1)(h) of this section and three dollars ($3.00) of each fee for driver’s licenses pursuant to subsection (1)(b), (d) and (e) of this section, and one dollar ($1.00) of each fee charged for driver’s licenses pursuant to subsection (1)(c) and (f) of this section shall be deposited in the emergency medical services fund III created in section 56-1018B, Idaho Code;

(b) Twenty-eight dollars ($28.00) of each fee for a seasonal or class A, B or C driver’s license, and nineteen dollars and fifty cents ($19.50) of each fee charged for a license pursuant to subsection (1)(b) of this section, and eight dollars and sixteen cents ($8.16) of each fee charged for a license pursuant to subsection (1)(c) of this section shall be deposited in the state highway account;

(c) Twenty dollars ($20.00) of each fee for a commercial learner’s permit or driver’s license classification change shall be deposited in the state highway account;

(d) Four dollars ($4.00) of each fee for a commercial learner’s permit shall be deposited in the emergency medical services fund III created in section 56-1018B, Idaho Code;

(e) Ten dollars ($10.00) of each fee for a duplicate seasonal or class A, B or C driver’s license, class A, B or C driver’s license extension, or additional endorsement shall be deposited in the state highway account;

(f) Seven dollars and fifty cents ($7.50) of each fee for a motorcycle endorsement and motorcycle endorsement instruction permit shall be deposited in the state highway account;

(j) Seven dollars and forty cents ($7.40) of each fee for a class D instruction permit, duplicate class D license or permit, and class D license extension shall be deposited in the highway distribution account;

(k) Ten dollars ($10.00) of each fee for a class A, B or C skills test shall be deposited in the state highway account;

( l ) One dollar ($1.00) of each fee for a class A, B, C or four-year D driver’s license, and two dollars ($2.00) of each fee for an eight-year class D driver’s license, and one dollar ($1.00) of each fee charged for a license pursuant to subsection (1)(b), (d) and (e) of this section, and thirty-four cents (34¢) of each fee charged for a license pursuant to subsection (1)(c) and (f) of this section shall be deposited in the motorcycle safety program fund established in section 33-4904, Idaho Code;

(m) Six dollars and fifty cents ($6.50) of each fee for a class D skills test shall be deposited into the state highway account; and

(n) Each voluntary contribution of two dollars ($2.00) as described in subsection (2) of this section, less actual administrative costs associated with collecting and transferring such contributions, shall be deposited into the organ donation contribution fund created in section 49-2447, Idaho Code.

(10) The contractor administering a class A, B or C skills test shall be entitled to not more than one hundred ninety dollars ($190) of the skills test fee. A contractor administering a class A, B or C skills test may collect an additional fee for the use of the contractor’s vehicle for the skills test.

(11) Sixty dollars ($60.00) of each restricted driving permit and each restricted school attendance driving permit shall be deposited in the state highway account.

(12) The department may issue seasonal class B or C driver’s licenses to drivers who are employees of agri-chemical businesses, custom harvesters, farm retail outlets and suppliers, and livestock feeders that:

(a) Will only be valid for driving commercial vehicles that normally require class B or C commercial driver’s licenses;

(b) Will be valid for seasonal periods that begin on the date of issuance and that are not to exceed one hundred eighty (180) days in a twelve (12) month period;

(c) May only be obtained twice in a driver’s lifetime;

(d) Are valid only within a one hundred fifty (150) mile radius of the place of business or farm being serviced; and

(e) Will be valid only in conjunction with valid Idaho class D driver’s licenses.

(13) The department may issue seasonal class B or C driver’s licenses to drivers who:

(a) Have not violated the single license provisions of applicable federal regulations;

(b) Have not had any license suspensions, revocations or cancellations;

(c) Have not had any convictions in any vehicle for any offense listed in section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic offense;

(d) Have at least one (1) year of driving experience with a class D or equivalent license in any type motor vehicle; and

(e) Are at least sixteen (16) years old.

§ 49-307. Class D driver’s training instruction permit — Class D supervised instruction permit — Application for a class D driver’s license — Restrictions on class D driver’s license.

1. No enrollee of any class D driver’s training course shall be allowed to attend classes or participate in driving instruction unless he has obtained a class D driver’s training instruction permit, or a class D instruction permit as provided in subsection (4) of this section.
2. Every enrollee of a class D driver’s training course shall pay a nonrefundable fee of fifteen dollars ($15.00). Five dollars ($5.00) of each fee so imposed shall be deposited in the state highway account, five dollars ($5.00) shall be deposited in the county current expense fund, and five dollars ($5.00) shall be:
   1. Deposited in the driver training account if the person is taking driver’s training from a public school; or
   2. Paid to the bureau of occupational licenses and deposited in the state treasury to the credit of the occupational licenses fund if the person is taking driver’s training from a private driver’s training program. The amount to be remitted to the bureau of occupational licenses shall be annually calculated and paid. To calculate such amount, the total number of public driver’s training students as submitted to the state department of education shall be subtracted from the total number of permits sold as reported by the Idaho transportation department, and the resulting number shall be multiplied by five dollars ($5.00).
3. Each enrollee of a class D driver’s training course shall provide the type of information required for a driver’s license or instruction permit. If an enrollee of a class D driver’s training course cannot provide a certified copy of his birth certificate at the time of application for a permit, the department may issue a class D driver’s training instruction permit or a class D instruction permit upon receipt of identification acceptable to the department. The certified copy of an applicant’s birth certificate shall be required before a class D driver’s license will be issued.
4. The class D driver’s training instruction permit shall expire five (5) days after the permittee’s eighteenth birthday for permittees fourteen and one-half (14 ½) years of age through seventeen and one-half (17 ½) years of age. The class D driver’s training instruction permit shall expire one hundred eighty (180) days from the date of issue for persons seventeen and one-half (17 ½) years of age or older. Persons aged seventeen (17) years or older may attend classes or participate in driver’s training instruction while operating with a class D instruction permit or a class D driver’s training instruction permit.
5. The class D driver’s training instruction permit shall be issued to the instructor of the course.
6. Class D supervised instruction permit.
   1. Upon successful completion of the class D driver’s training course, the driver’s training instructor shall submit the student log to the county driver’s license office and give the class D driver’s training instruction permit to the parent or legal guardian of the permittee, and the parent or legal guardian shall assume responsibility for ensuring that the permittee complies with the requirements of operating a vehicle with a class D supervised instruction permit. The class D driver’s training instruction permit shall then serve as a class D supervised instruction permit. (b) In the event the permittee reaches the age of seventeen (17) years while operating a class D vehicle with a class D supervised instruction permit, the supervised instruction permit shall become a class D instruction permit.
7. No permittee may apply for a class D driver’s license sooner than fifteen (15) years of age and no sooner than six (6) months after completing a class D driver’s training course, during which time the permittee shall satisfy all requirements for operation of a class D vehicle with a class D supervised instruction permit as follows:
   1. The permittee shall not operate a vehicle unless he is accompanied by a driver who holds a valid driver’s license, is twenty-one (21) years of age or older, and who is actually occupying a seat beside the permittee driver. The supervising driver and the permittee shall be the only occupants of the front passenger section of the vehicle.
   2. Over a period of time not less than six (6) months, the permittee shall accumulate at least fifty (50) hours of supervised driving time, ten (10) hours of which shall be during hours of darkness.
   3. The permit shall be in the permittee’s immediate possession at all times while operating a vehicle.
   4. In addition to the permittee driver and the supervising driver, all other occupants of the vehicle shall wear a seat belt or be restrained by child passenger restraints as required by law.
   5. The permittee is subject to the provisions of sections 18-1502 and 18-8004, Idaho Code, relating to violation of age restrictions on consumption of beer, wine, and alcohol and driving under the influence of alcohol, drugs or any other intoxicating substances, respectively.
   6. The permittee shall not have been convicted of any moving traffic violation, or have had driving privileges suspended by the department or the court for any offense, or found to be in violation of any of the restrictions on the class D supervised instruction permit, for a period of at least six (6) months from the date the driver’s training instructor gave the permit to the parent or legal guardian, or from the date a canceled class D supervised instruction permit was reissued, or until the permittee reaches seventeen (17) years of age.
   7. If the permittee is under seventeen (17) years of age and is convicted of a violation of any traffic law, or section 18-1502, 18-8004 or 23-949, Idaho Code, or is found to be in violation of any of the restrictions on the class D supervised instruction permit, the department shall cancel the class D supervised instruction permit, and the cancellation shall not be used to establish rates of motor vehicle insurance charged by a casualty insurer. If the permittee is under seventeen (17) years of age, the permittee may reapply for and be issued a new class D supervised instruction permit upon payment of the appropriate fee, and shall again be required to operate with the class D supervised instruction permit for at least six (6) months from the date of reissue without a conviction or suspension, accumulate the required hours of driving time and adhere to the requirements as specified in paragraphs (a) through (f) of this subsection.
8. Upon completion of the requirements in subsection (7) of this section, the permittee shall take the knowledge test and skills test administered by a person certified by the Idaho transportation department to administer knowledge and skills tests.
9. Upon passage of the knowledge and skills tests, the permittee may apply for a class D driver’s license with driving privileges restricted to daylight hours for persons under sixteen (16) years of age, and with full privileges at sixteen (16) years of age or older. Provided however, the restriction on daylight hours only driving privileges for persons under sixteen (16) years of age shall not apply if: (a) The person under sixteen (16) years of age has a valid class D driver’s license; and
10. Upon passage of the knowledge and skills tests, the permittee may apply for a class D driver’s license. Any such licensee who is under the age of seventeen (17) years shall be required, during the first six (6) months from the date of issue of the class D driver’s license, to limit the number of passengers in the vehicle who are under the age of seventeen (17) years to not more than one (1) such passenger. Provided however, the limit of one (1) passenger under the age of seventeen (17) years shall not apply to passengers who are related to the driver by blood, adoption or marriage.

(b) Is accompanied by a driver who holds a valid driver’s license and is twenty-one (21) years of age or older and is actually occupying a seat beside the licensee who is under sixteen (16) years of age; and

(c) The two (2) licensed drivers are the only occupants of the front passenger section of the vehicle.

The restriction of daylight hours only shall mean that period of time one-half (½) hour before sunrise to one-half (½) hour after sunset.

§ 49-307A. Restricted school attendance driving permit.

Notwithstanding any other provision of this chapter applying to licenses or permits, and notwithstanding the minimum age requirement for a driver training course specified in section 33-1703, Idaho Code, other than those provisions specifically applying to restricted school attendance driving permits:

1. The department may issue a restricted school attendance driving permit to a minor fourteen (14) years of age, but less than sixteen (16) years of age, provided the following:
   1. The minor resides in an Idaho school district with a population of less than one hundred fifty (150) people;
   2. The minor attends an educational program as identified in section 49-303A, Idaho Code, and complies with the provisions of section 49-303A, Idaho Code, including submission of verification of attendance compliance by the school district to the department; and
   3. There is no school bus service provided to transport the minor to and from school, as verified by the school district to the department.
2. The permit, if issued, shall only entitle the minor to drive to and from school, and school sponsored activities occurring at the school where enrolled, between the hours of 6:00 a.m. and 9:00 p.m.
3. The minor must have completed a driver training course and comply with section 49-310, Idaho Code, as a condition of issuance of a permit pursuant to the provisions of this section.
4. The restricted school attendance driving permit shall be canceled for conviction of any traffic offense and shall not be reissued.
5. In the event the student terminates their school enrollment in the district in which they have qualified for a restricted school attendance driving permit, the permit shall be canceled.

§ 49-308. Driver training account established.

The driver training account is established in the office of the state treasury, which account is continuously appropriated for the purpose of driver training. All disbursements for driver training purposes made under certificate of the state board of education shall be made from the driver training account.

§ 49-309. Chauffeur’s license

Application. [Repealed.]

§ 49-310. Applications of persons under the age of eighteen years.

1. The application of any person under the age of eighteen (18) years for any class D instruction permit, restricted driver’s license, restricted school attendance driving permit, driver training instruction permit or driver’s license shall be signed and verified before a person authorized to administer oaths by either the father or mother of the applicant, if both are living and have custody of him; or if either be dead, then by the surviving parent who has custody of him; or by the Idaho resident host of a foreign exchange student, or in the event neither parent is living, or if living and does not have the custody of the applicant, then by the person or guardian having such custody, with verifiable custody or guardianship documents, or by an employer of the applicant. In the event there is no guardian or employer, then some other responsible person willing to assume the obligation for the applicant may sign the application. Any person who signs the applicant’s application shall attest that the applicant is in compliance with the school attendance provisions of section 49-303A, Idaho Code. When the minor person applies for a class D driver’s license, a parent or guardian or a person authorized by the parent or guardian shall attest that the minor person has satisfied the requirements and conditions applicable to the class D supervised instruction permit pursuant to section 49-307, Idaho Code. The person willing to assume responsibility for the applicant must be at least eighteen (18) years of age. When signing for a restricted school attendance driving permit, the person signing the applicant’s application shall attest that the conditions set forth within section 49-307A, Idaho Code, are met. Each application for a restricted school attendance driving permit shall also be signed by the local county sheriff, the president of the board of trustees of the local school district, and the school principal of the applicant’s school, verifying that the conditions set forth within section 49-307A, Idaho Code, are met.
2. Any negligence or willful misconduct of a person under the age of eighteen (18) years when operating a motor vehicle upon a highway shall be imputed to the person who signed the application of that person for a permit or driver’s license, and that person shall be jointly and severally liable with the permit or driver’s license holder for any damage caused by negligence or willful misconduct, except as otherwise provided by law.
3. In the event a permit or driver’s license holder under the age of eighteen (18) years maintains, or there is maintained upon his behalf, proof of financial responsibility as required under the motor vehicle financial responsibility laws of this state, or by the director if the form and amount is not fixed by law, then the department may accept the application when signed by one (1) parent or guardian of the applicant, and while that proof is maintained, the parent or guardian shall not be subject to liability for the negligence or willful misconduct of the person under the age of eighteen (18) years, as imposed under subsection (2) of this section. (4) Any person who has signed the application of a minor for a permit or driver’s license shall be liable civilly for the payment of any court penalty imposed because the minor has been found to have committed an infraction violation. The provisions of this section shall not apply or create any civil liability for the person signing the application in connection with any pedestrian, bicycle, or electric-assisted bicycle infraction, and provided this subsection shall not apply to any civil action where the plaintiff is other than the state of Idaho.

§ 49-311. Release from liability.

Any person who has signed the application for a driver’s license of a person under the age of eighteen (18) years may file with the department a verified written request that the driver’s license so granted be cancelled and the department shall cancel the driver’s license. The person who signed the application shall be relieved from the liability imposed by reason of having signed the application, of any subsequent negligence or willful misconduct of the person signed for in operating a motor vehicle.

§ 49-312A. [Amended and Redesignated.]

§ 49-313. Examination of applicants.

1. The sheriff, his deputy or authorized agents of the department shall examine every applicant for an instruction permit, commercial learner’s permit, restricted school attendance driving permit, seasonal driver’s license, driver’s license or a motorcycle endorsement, except as otherwise provided by law. The examination shall include a vision screening and a test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic. A skills test shall be required for an applicant who has not been previously licensed for the class of license requested, or who holds a license issued by another country unless a reciprocal agreement is in force. However, a skills test may be required for any and all other applicants at the discretion of the examiner or department for a class A, B, C or D driver’s license or a motorcycle endorsement. In addition, the applicant’s knowledge of traffic laws of this state and when a motorcycle endorsement is applied for, the applicant’s knowledge of safe motorcycle operating practices and traffic laws specifically relating to motorcycle operation shall be tested by a written examination, except as provided in section 49-319, Idaho Code. At the discretion of the examiner, the prescribed written examination may be conducted orally.
2. The knowledge and skills examinations for applicants for driver’s licenses in class A, B or C shall be conducted in compliance with 49 CFR part 383.
3. The skills test for a class A, B, C or D driver’s license or for any endorsement shall be given by the department or its authorized agents. The skills examiner for a motorcycle endorsement shall be certified by the division of career technical education.
4. The department shall not issue the following endorsements except as provided:
   1. A tank, double/triple trailer, or hazardous material endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge test.
   2. A passenger endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge and skills test.
   3. A school bus endorsement unless the applicant, in addition to all other applicable qualifications, has passed appropriate knowledge and skills tests. Until September 30, 2005, the department may waive the school bus endorsement skills test requirement if the applicant meets the conditions set forth in accordance with 49 CFR part [section] 383.123.
5. Any person failing to pass a knowledge or skills test for a class A, B, C or D driver’s license, or a knowledge test for a seasonal driver’s license, or any endorsement may not retake the test within three (3) calendar days of the failure.
6. Any person retaking a knowledge or skills test for a driver’s license shall pay the appropriate testing fee as specified in section 49-306, Idaho Code.
7. The motorcycle skills test for a motorcycle endorsement shall be waived by the department:
   1. On and after September 1, 1998, if the applicant presents satisfactory evidence of successful completion of a recognized motorcycle rider training course approved by the division of career technical education;
   2. On and after September 1, 1998, if the applicant presents evidence of a motorcycle endorsement on his current license by a state or province which requires a motorcycle skills test equivalent to that required by Idaho law as determined by the division of career technical education;
   3. Until September 1, 1998.
8. At the discretion of the department, an alternate skills test for the motorcycle endorsement may be administered when the endorsement is for operation of a three-wheeled motorcycle only.
9. The department or its authorized agents may refuse to give an applicant a skills test if there are reasonable grounds to believe that the safety of the applicant, public, or the examiner would be jeopardized by doing so. Reasonable grounds would include, but not be limited to, the applicant’s inability to pass the vision screening, written tests, or a statement by a licensed physician stating the applicant is not physically able to drive a motor vehicle.
10. The department or its authorized agents may deny issuance or renewal of a driver’s license or endorsement to any applicant who does not meet the licensing requirements for the class of driver’s license or endorsement being renewed or issued.
11. Skills examinations for seasonal driver’s licenses shall be waived.

§ 49-314. Local examiners appointed by department.

1. The department shall appoint the sheriff in each county and may appoint any deputy sheriff, chief of police, or other officials or private citizens whom the department deems qualified as examiners, who shall be agents of the department and shall perform duties prescribed in this title.
2. The department shall appoint at least one (1) employee in the department who shall be skilled and highly qualified in the method of giving driver’s license examinations, who shall have authority, and it shall be this person’s duty to instruct the examiners appointed by the department in the method of giving driver’s license examinations and acquaint them with the use of equipment and forms needed in examining applicants for licensure.
3. Agents of the department appointed to administer skills tests for class A, B or C driver’s licenses must be certified according to 49 CFR part 383.
4. Agents of the department appointed to administer the skills test for a motorcycle endorsement shall be certified by the division of career technical education.
5. Agents of the department to administer skills tests for class D driver’s licenses shall be certified by the department.

§ 49-315. Licenses issued to drivers.

1. The department shall issue to every qualifying applicant a distinguishing driver’s license as applied for, which shall bear a distinguishing number assigned to the licensee, the full name, date of birth, Idaho residence address, sex, weight, height, eye color, hair color, color photograph, name of this state, date of issuance, date of expiration, license class, endorsements, restrictions, and the applicant’s signature. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant’s driver’s license shall contain his or her alternative Idaho mailing address in place of his or her Idaho residence address. Driver’s licenses for persons under eighteen (18) years of age shall include a notation “under 18 until (month, day, year),” and driver’s licenses for persons eighteen (18) years of age to twenty-one (21) years of age shall include a notation “under 21 until (month, day, year).” No driver’s license shall be valid until it has been signed on the signature line of the license by the licensee.
2. Every driver’s license shall bear a color photograph of the licensee, which shall be taken by the examiner at the time the application is made. The photograph shall be taken without headgear or other clothing or device that disguises or otherwise conceals the face or head of the applicant. A waiver may be granted by the department allowing the applicant to wear headgear or other head covering for medical, religious or safety purposes as long as the face is not disguised or otherwise concealed. At the request of the applicant, a driver’s license may contain a statement or indication of the medical condition of the licensee.
3. The department shall notify the commercial driver license information system that a class A, B or C driver’s license has been issued as required by 49 CFR parts 383 and 384.
4. A licensee applying for a hazardous material endorsement on a driver’s license shall have a security background records check and shall receive clearance from the federal transportation security administration before the endorsement can be issued, renewed or transferred as required by 49 CFR part 383, subject to procedures established by the federal transportation security administration.
5. A licensee who desires to donate any or all organs or tissue in the event of death, and who has completed a document of gift pursuant to the provisions for donation of anatomical gifts as set forth in chapter 34, title 39, Idaho Code, may, at the option of the donor, indicate this desire on the driver’s license by the imprinting of the word “donor” on the license. The provisions of this subsection shall apply to licensees fifteen (15) years of age or older but less than eighteen (18) years of age if the requirements provided in chapter 34, title 39, Idaho Code, have been complied with and the donor indicates this desire be placed on the license.
6. A licensee who is a person with a permanent disability may request that the notation “permanently disabled” be imprinted on the driver’s license, provided the licensee presents written certification from a licensed physician verifying that the licensee’s stated impairment qualifies as a permanent disability according to the provisions of section 49-117, Idaho Code.
7. A licensee who is a veteran may request that his or her status as such be designated on the driver’s license at no additional cost. Any such request shall be accompanied by proof of being a current or former member of the United States armed forces. Upon request and submission of satisfactory proof, the department shall indicate such person’s status as a veteran on any class of driver’s license issued pursuant to this section. Such designation shall be made upon original issuance or renewal of a driver’s license. Designation shall also be made on any duplicate driver’s license issued, provided that the fee for such duplicate driver’s license is paid in accordance with section 49-306, Idaho Code. Satisfactory proof of being a current or former member of the United States armed forces must be furnished by an applicant to the department before a designation of veteran status will be indicated on any class of driver’s license. Acceptable proof shall be a copy of form DD214 or an equivalent document or statement from the department of veterans affairs that identifies a character of service upon separation as “honorable” or “general under honorable conditions.”

§ 49-317. Restricted driver’s licenses.

1. The department, upon issuing a driver’s license, shall have authority whenever good cause appears to impose restrictions suitable to the licensee’s driving ability with respect to:
   1. The type of or special mechanical control devices required or not permitted on a motor vehicle which the licensee may operate;
   2. Medical variances as determined by the federal motor carrier safety administration; or
   3. Other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
2. The department may either issue a special restricted driver’s license or may set forth restrictions upon the usual driver’s license form.
3. The department shall, upon receiving satisfactory evidence of any violation of the restrictions of a driver’s license, suspend the driver’s license or privileges for a period of thirty (30) days but the licensee shall be entitled to a hearing as provided in section 49-326, Idaho Code.

§ 49-318. Duplicate driver licenses and substitute permits.

1. The holder of any instruction permit, class A, B, C or D, restricted school attendance driving permit, or seasonal driver’s license which is lost or destroyed, or a licensee whose name is legally changed, may apply for a duplicate driver’s license or substitute permit. A duplicate driver’s license or substitute permit will be issued upon:
   1. Payment of the fee as provided in section 49-306, Idaho Code;
   2. Furnishing satisfactory proof that the permit, class A, B, C or D, restricted school attendance driving permit, or seasonal driver’s license has been lost or destroyed, or that the licensee’s name has been legally changed; and
   3. Furnishing proof of the applicant’s identity acceptable to the examiner or the department and date of birth as set forth in a certified copy of his birth certificate when obtainable, or another document which provides evidence of a person’s date of birth acceptable to the examiner or department. In the case of a name change, the applicant shall provide legal documentation acceptable to the department to verify the change.
2. A duplicate driver’s license or substitute permit shall not be issued, as provided in subsection (1) of this section, if the license or permit is suspended, revoked, canceled or disqualified in this state or any other jurisdiction or if the applicant has applied for, or has been issued, a license or permit in another jurisdiction.
3. The holder of any instruction permit, class A, B, C or D, restricted school attendance driving permit, or seasonal driver’s license who requests a duplicate driver’s license or substitute permit as provided in subsection (1) of this section, may request that the notation “permanently disabled” be imprinted on the permit or license and the department shall imprint “permanently disabled” on the permit or license if:
   1. The person has a permanent disability; and
   2. The person presents written certification from a licensed physician verifying that the person’s stated impairment qualifies as a permanent disability as provided in section 49-117, Idaho Code; and
   3. The department determines that the person meets the requirements for issuance of a permit or license as specified in section 49-313, Idaho Code.

§ 49-319. Expiration and renewal of driver’s license.

1. Every noncommercial Idaho driver’s license issued to a driver shall expire and be renewable as follows:
   1. Twenty-one (21) years of age or older shall expire on the licensee’s birthday in the fourth year following the issuance of the driver’s license.
   2. At the option of the applicant, for drivers twenty-one (21) years of age through sixty-two (62) years of age, the driver’s license shall expire either on the licensee’s birthday in the fourth year or the eighth year following the issuance of the driver’s license.
   3. Except for the provisions found in subsections (1)(e) and (3) of this section, every driver’s license issued to a driver under eighteen (18) years of age shall expire five (5) days after the licensee’s eighteenth birthday.
   4. Except for the provisions found in subsections (1)(e) and (3) of this section, every driver’s license issued to a driver eighteen (18) years of age but under twenty-one (21) years of age shall expire five (5) days after the licensee’s twenty-first birthday.
   5. Every driver’s license that is not, as provided by law, suspended, revoked or disqualified in this state or any other jurisdiction shall be renewable on or before its expiration, but not more than twenty-five (25) months before, upon application, payment of the required fee, and satisfactory completion of the required vision screening.
2. Except for the provisions found in subsection (3) of this section, every commercial driver’s license issued to a person twenty-one (21) years of age or older shall expire on the licensee’s birthday in the fourth year following issuance of the license, and any class A, B or C license issued to a person eighteen (18), nineteen (19) or twenty (20) years of age shall expire five (5) days after the licensee’s twenty-first birthday. There shall be no option for an eight-year class A, B or C license.
3. Every driver’s license issued to a person who is not a citizen or permanent legal resident of the United States shall have an expiration date that is the same date as the end of lawful stay in the United States as indicated on documents issued and verified by the department of homeland security, provided however, that the expiration date shall not extend beyond the expiration date for the same category of license issued to citizens. Persons whose department of homeland security documents do not state an expiration date shall be issued a driver’s license with an expiration date of one (1) year from the date of issuance. Fees shall be in accordance with the expiration periods and classes listed in section 49-306(1), Idaho Code.
4. An applicant who is issued a driver’s license in another jurisdiction after an Idaho driver’s license has been issued is not eligible for renewal or a duplicate of the Idaho driver’s license. The applicant may apply for a new Idaho driver’s license as provided in section 49-306, Idaho Code.
5. No knowledge test shall be required for renewal of a driver’s license, except for renewal of a hazardous material endorsement. Appropriate knowledge and skill tests shall be required for an upgrade in a driver’s license class or an endorsement addition. In the case of a name change, the applicant shall provide legal documentation to verify the change in accordance with department rules.
6. Applicants for a hazardous material endorsement shall provide either proof of United States citizenship or proof of lawful, permanent United States residence and a valid federal bureau of citizenship and immigration services alien registration number. A security background records check and federal transportation security administration clearance shall be required for issuance, renewal or transfer of a hazardous material endorsement in accordance with 49 CFR part 383, subject to procedures established by the federal transportation security administration. (7) When a driver’s license has been expired for fewer than twenty-five (25) months, the renewal of the driver’s license shall start from the original date of expiration regardless of the year in which the application for renewal is made. If the driver’s license is expired for twenty-five (25) months or more, the applicant shall be required to take the appropriate knowledge test(s) and skills test(s) for the class of license or endorsement being applied for, and vision screening. The license shall expire on the licensee’s birthday in the fourth year following issuance of the driver’s license for drivers twenty-one (21) years of age or older, except as otherwise provided in subsections (1)(e) and (3) of this section. At the option of the applicant, for drivers twenty-one (21) years of age through sixty-two (62) years of age, the renewed license shall expire either on the licensee’s birthday in the fourth year or the eighth year following issuance, except as otherwise provided in subsections (1)(e) and (3) of this section.
   1. The person has a permanent disability; and
   2. The person presents written certification from a licensed physician, licensed physician assistant, or licensed advanced practice professional nurse verifying that the person’s stated impairment qualifies as a permanent disability as provided in section 49-117, Idaho Code; and
   3. The department determines that the person meets the requirements for issuance of a license as specified in section 49-313, Idaho Code.

(8)(a) If a driver’s license has expired or will expire and the licensee is temporarily out of state, except on active military duty, and the driver’s license has not, as provided by law, been suspended, revoked, canceled, denied, refused or disqualified, the licensee may request in writing on a form prescribed by the department an extension of the driver’s license. The request shall be accompanied by the fee fixed in section 49-306, Idaho Code, and the extension shall be no more than a twelve (12) month period. If the department determines that an extension of the driver’s license is necessary, it may issue a license showing the date to which the expired driver’s license is extended. License extensions are limited to two (2) consecutive extensions per licensee.

(b) Upon returning to the state of Idaho, the licensee shall, within ten (10) days, apply for a renewal of the expired driver’s license and surrender the extended license and the expired driver’s license.

(c) A hazardous material endorsement cannot be extended.

(9) An Idaho driver’s license issued to any person prior to serving on active duty in the armed forces of the United States, or a member of the immediate family accompanying such a person, if valid and in full force and effect upon entering active duty, shall remain in full force and effect and shall, upon application, be extended for a period of four (4) years so long as active duty continues, or shall be renewed upon application in person without the requirement to take a knowledge or skills test if their Idaho driver’s license expired while on active duty, if the driver’s license is not suspended, denied, disqualified, canceled or revoked, as provided by law, during the active duty, and the driver’s license shall remain in full force and effect sixty (60) days following the date the holder is released from active duty.

(10) The department may use a mail renewal process for four-year class D licenses based on criteria established by rule.

(11) A seasonal driver’s license is only valid for a one hundred eighty (180) day period from the date of issuance. Only one (1) seasonal driver’s license may be obtained in any twelve (12) month period, and may only be obtained twice in a driver’s lifetime.

(12) A person who applies for renewal of a license may request that the notation “permanently disabled” be imprinted on the license and the department shall imprint “permanently disabled” on the license if:

§ 49-320. Notice of change of address.

It is the responsibility of every licensed driver and every person applying for a driver’s license to keep a current address on file with the department.

1. Whenever any person after applying for or receiving a driver’s license shall move from the address shown in the application or in the driver’s license issued, that person shall, within thirty (30) days, notify the department in writing of the old and new addresses.
2. Whenever any statute or rule requires a driver to receive notice of any official action with regard to the person’s driver’s license or driving privileges taken or proposed by a court or the department, notification by first class mail at the address shown on the application for a driver’s license or at the address shown on the driver’s license or at the address given by the driver, shall constitute all the legal notice that is required.
3. It is an infraction for any person to fail to notify the department of a change of address as required by the provisions of subsection (1) of this section.

§ 49-321. Records to be kept by the department.

1. The department shall file every application for a driver’s license received by it and shall maintain suitable indices containing:
   1. All applications denied and on each note the reason for denial;
   2. All applications granted;
   3. The name of every licensee whose driver’s license has been suspended, revoked, canceled, denied or disqualified by the department and after each name note the reasons for the action;
   4. The driver’s license number for the applicant; and
   5. The social security number of the applicant.
2. The department shall file the original or copy of the medical examiner’s certificates, medical exemption letters and skill performance evaluation certificates of all commercial driver’s license or instruction permit holders required to provide documentation of their physical qualification. The department shall maintain the document(s) for a period of three (3) years beyond the date the certificate or document was issued.
3. The department shall also file all accident reports and abstracts of court records of convictions received by it under the law from any jurisdiction and is authorized to forward records of convictions, suspensions or disqualifications to any jurisdiction. Records may be in either paper or electronic form. The department shall maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions and the traffic accidents in which the licensee has been involved shall be readily ascertainable and available for consideration of the department upon any application for renewal of a driver’s license and at other suitable times.
4. The department of health and welfare, on or about the 25th day of each month shall, upon the request of the department, furnish the department a listing showing the name, age, county of residence, and residence address of each Idaho resident who has died during the preceding month. The listing shall be used only for purposes of updating the driver’s license files of the department and shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
5. The department, upon request by the office of the secretary of state, shall provide the office of the secretary of state with a digital copy of the driver’s license or identification card signature of a person who is an applicant for voter registration pursuant to section 34-409, Idaho Code.

§ 49-322. Authority of department to cancel driver’s license or instruction permit.

1. The department shall cancel any driver’s license, restricted school attendance driving permit, or instruction permit upon determining that the licensee or permittee was not entitled to the issuance of the driver’s license or instruction permit, or that the licensee or permittee failed to give the required or correct information in his application, or committed fraud in making the application.
2. Upon a cancellation, the licensee or permittee shall surrender the canceled driver’s license or canceled instruction permit to the department.
3. The department shall cancel a person’s commercial driver’s license upon determining that the class A, B or C licensee has falsified information. Upon cancellation of a class A, B or C driver’s license, the licensee shall be disqualified from operating a commercial motor vehicle for a period of sixty (60) days.
4. The department shall decertify the medical status and initiate a downgrade of any driver who is required by the federal motor carrier safety administration to maintain a medical examiner’s certificate and/or medical exemption letter or skill performance evaluation certificate upon determining the person’s medical certification has expired or has been revoked or canceled. The department shall change the person’s driving status in the driver record to “not-certified,” within ten (10) days and shall mail a notification letter regarding the pending decertification and downgrade action to the driver’s last known address. The downgrade action shall occur no more than sixty (60) days from the date the “not-certified” status is posted to the record. Drivers can remove the “not-certified” medical status from their driving record by presenting a current and valid medical examiner’s certificate and/or medical exemption letter or skill performance evaluation certificate to the department or by submitting an application to the department requesting their medical status be changed to “Excepted.”
5. When a driver’s license has been canceled for reasons of impairment, incompetence or inability of the licensed driver to operate a motor vehicle safely as provided in section 49-303 or 49-326, Idaho Code, and the licensee has voluntarily surrendered his driver’s license, or when a licensed driver requests cancellation of his license for any of the same reasons stated in this subsection and he voluntarily surrenders his license, the licensee may be eligible for a no-fee identification card as provided in section 49-2444, Idaho Code.

§ 49-323. Suspending privileges of nonresidents and reporting convictions.

1. The privilege of driving a motor vehicle on the highways given to a nonresident shall be subject to suspension, disqualification or revocation by the department in a like manner and for a like cause as a driver’s license issued to a resident may be suspended, disqualified or revoked.
2. Upon receipt of a record of the conviction, suspension, disqualification or revocation in this state of a nonresident driver for any offense under the motor vehicle laws, the department shall forward a certified copy or electronic transfer of the record of the conviction, suspension, disqualification or revocation and its cause to the motor vehicle administrator in the state wherein the person so convicted is a resident and to the national driver register.

§ 49-324. Suspending resident’s license and privileges upon conviction, administrative action or court order in another state or jurisdiction.

The department shall suspend, disqualify or revoke the driver’s license or privilege of any resident of this state or the privilege of a nonresident to operate a motor vehicle in this state upon receiving notice of the conviction, administrative action or court order of that person in another state or jurisdiction of an offense which, if committed in this state, would be grounds for the suspension, disqualification or revocation of the driver’s license and privileges of the driver. The department shall forward a certified copy or electronic transfer to the national driver register.

§ 49-326. Authority of department to suspend, disqualify or revoke driver’s license and privileges.

1. If the court has not ordered the suspension of a license or privileges, the department is authorized to suspend, disqualify or revoke the license or privileges of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the driver:
   1. Has committed an offense for which mandatory revocation, suspension or disqualification of license or privileges is required upon conviction, court order or administrative action;
   2. Has been convicted in any court in this state of an offense against a municipal ordinance which would have been grounds for suspension, revocation or disqualification of his driver’s license or privileges had the charge been prosecuted under a state law;
   3. Is incompetent to drive a motor vehicle;
      1. Any person who in the opinion of the department, based upon recommendation of the person’s personal physician, is afflicted with or subject to any condition which brings about momentary or prolonged lapses of consciousness or control, which is or may become chronic, or when the person is suffering from a physical or mental disability or disease serving to prevent him from exercising reasonable and ordinary control over a motor vehicle while operating it upon the streets and highways, or any person who is unable to understand highway signs, warning, regulating or directing traffic, is incompetent to drive a motor vehicle.
      2. Any person who shall not have minimum visual acuity with or without corrective lenses of 20/40 in at least one (1) eye as determined by the Snellen system or other available systems is incompetent to operate a motor vehicle, however, the department shall have the authority to license such person upon the recommendation of an ophthalmologist or qualified physician and upon passage of a skills test. At 20/70 or more in both eyes with or without corrective lenses the department may suspend the driver’s license and privileges. Any person who applies for or receives any type of tax, welfare or other benefits or exemptions for the blind shall be presumed incompetent to operate a motor vehicle. This presumption can be overcome by any person whose vision can be corrected to a visual acuity of 20/40 or better in one (1) eye as documented by a licensed ophthalmologist or optometrist.
      3. Any person, department, or political subdivision of the state of Idaho who receives an application for any type of tax, welfare, aid or other benefits or exemptions for the blind shall immediately forward the name, address, sex, date of birth, and date of application of the applicant to the department.
      4. Any physician who has reason to believe that a patient is incompetent to drive a motor vehicle as defined in this subsection, may submit a report to the department. Before submitting a report, a physician should notify the patient or the patient’s family of the physician’s concerns about the patient’s ability to drive. If the physician submits a report, the physician shall provide a copy of the report to the patient or to a member of the patient’s family. If a physician submits a report in good faith, no professional disciplinary procedure, no monetary liability and no cause of action may arise against the physician for submission of the report;
   4. Has permitted an unlawful or fraudulent use of a driver’s license;
   5. Has committed an offense in another state or jurisdiction as evidenced by a conviction, court order or administrative action, which if committed in Idaho would be grounds for suspension, disqualification or revocation;
   6. Has been convicted of the offense of reckless driving, or fleeing or attempting to elude a peace officer, and providing that the operating privilege shall be suspended for a period of thirty (30) days upon conviction and providing further, that if a second conviction occurs within a two (2) year period of time from the time of the first conviction, the suspension shall be for ninety (90) days, and if a third conviction shall occur within a three (3) year period of time from the time of the first conviction, the period of suspension shall be for one (1) year;
   7. Has failed to satisfy a judgment as set forth in chapter 12, title 49, Idaho Code;
   8. Has failed to maintain proof of financial responsibility as set forth in chapter 12, title 49, Idaho Code;
   9. Has a driving record which shows a violation point count of twelve (12) or more points in any consecutive twelve (12) month period;
   10. Is an habitual violator of traffic laws;
   11. Has been convicted of the offense of violation of a restricted license and providing the driver’s license and privileges be suspended for a period of thirty (30) days;
   12. Has been convicted for the offense of leaving the scene of an accident involving damages to a vehicle, the period of revocation shall be one (1) year;
   13. Has been convicted for the offense of leaving the scene of an accident resulting in injury or death, the period of revocation shall be one (1) year;
   14. Is under the age of eighteen (18) years and is not satisfactorily enrolled in school, has not received a waiver pursuant to or has not completed school as provided in section 49-303A, Idaho Code;
   15. Was cited under the age of seventeen (17) years and subsequently received a conviction involving a moving traffic violation arising out of the operation of a motor vehicle, and providing the driver shall be sent a written warning from the Idaho transportation department for a first conviction; the driver’s license shall be suspended for a period of thirty (30) days for a second conviction; and the driver’s license shall be suspended for a period of sixty (60) days for a third or subsequent conviction; and providing further that no restricted driving privileges shall be issued during any period of suspension hereunder.
2. A violation point is assessed for conviction of any charge or with proof of any infraction involving a moving traffic violation. A value of one (1) point shall be given for a less serious violation and up to four (4) points for a more serious violation. Conviction or proof of infraction for only one (1) violation arising from one (1) occasion of arrest or citation shall be counted in determining the violation point count.
3. The department is authorized and directed to establish a violation point count system for various moving traffic violations and infractions occurring either within or without the state of Idaho, affecting all holders of driver’s licenses issued by the department.
4. Notification of suspension, revocation, cancellation or disqualification. Upon suspending, revoking, canceling or disqualifying the driver’s license or driving privileges of any person, the department shall immediately notify the applicant or licensee in writing, at the licensee’s address on file with the department pursuant to section 49-320, Idaho Code. Upon his request, the department shall afford him an opportunity for a hearing before a hearing officer appointed by the director. The hearing may be held by telephone within twenty (20) days after receipt of the request, unless this period is for good cause shown, extended by the hearing officer for one ten (10) day period. The notice and hearing shall be required prior to the imposition of additional suspension or disqualification periods beyond the periods as set forth in this section. Upon a hearing, the hearing officer may administer oaths, may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon the hearing, the department shall either rescind its order or, with good cause, may affirm or extend the suspension or disqualification of the driver’s license or revoke the driver’s license. Whenever a driver’s license, permit or driving privilege has been suspended or revoked by the department as provided in this section, other than as set forth in subsection (1)(c), (d), (g), (h), (m), (n) or (o) of this section, the department may issue a temporary restricted permit restricting the time, area and purpose of use. The application, eligibility requirements and form of the temporary restricted permit shall be provided by administrative rule. A temporary restricted permit may be issued to grant noncommercial driving privileges, but no temporary restricted permit shall be issued which grants driving privileges to operate a commercial motor vehicle.
5. The department shall not suspend or revoke a driver’s license or privileges for a period of more than one (1) year, unless otherwise provided by law. The provisions of this subsection shall not be applicable with respect to the issuance of temporary restricted permits as provided in section 49-325, Idaho Code, nor shall it be applicable to those suspensions placed on an individual’s record for the purpose of administering suspensions ordered to take effect after an individual’s release from confinement or imprisonment pursuant to chapter 80, title 18, Idaho Code.
6. The department shall not disqualify a driver for a period longer than specified by 49 CFR part 383.

§ 49-326A. Administration by department of judicial suspensions of driver’s licenses or privileges to become effective after release from confinement.

When a court’s judgment or order provides that the suspension of an individual’s driver’s license or driving privileges shall begin after the individual is released from confinement or imprisonment, the department, for purposes of administering the ordered suspension, shall consider the driver’s license or driving privileges as suspended effective as of the end of the last day of the fixed portion of the ordered sentence, as shown by the judgment or sentencing order of the court.

1. Unless otherwise ordered by the court, the suspension shall remain in effect until the individual applies for reinstatement of his or her driver’s license or driving privileges and can provide verifiable documentation to establish the date of release from confinement or imprisonment and show that the court-ordered suspension period has expired since the individual’s release. Upon such a showing, the department will reinstate the individual’s driver’s license or driving privileges as provided by law.
2. Where the department is notified of the release of the individual, either by the court or the agency having custody over the individual during the period of confinement or imprisonment, the department shall amend its records to reflect the actual court-ordered period of suspension.
3. No time credit against the court-ordered period of suspension will be given while the individual is incarcerated or if the individual is reincarcerated. The entire period of the court-ordered suspension must run after the individual is released from confinement or imprisonment.

§ 49-327. Surrender of driver’s license — Application for duplicate.

1. Upon suspending, canceling or revoking a driver’s license, the department shall require that the driver’s license be surrendered to the department. At the end of the period of suspension, revocation or cancellation the driver may apply for a duplicate driver’s license, provided that the driver is eligible and has fulfilled all reinstatement requirements.
2. If any person shall fail to return to the department the Idaho driver’s license as required, the department may direct any peace officer to secure its possession and return the driver’s license to the department.

§ 49-328. Reinstatement of revoked, disqualified or suspended driver’s license — Fee — When reinstatement prohibited.

1. When the period of revocation, disqualification or suspension of a driver’s license has expired, or the reason for the revocation, disqualification or suspension no longer exists, the department shall reinstate the driver’s license or driving privileges on application of the driver.
2. The application shall be in the form prescribed by the department and accompanied by a reinstatement fee of twenty-five dollars ($25.00) which shall be deposited in the state highway account.
3. A driver’s license shall not be suspended for failure to pay an infraction penalty. All driver’s licenses suspended prior to July 1, 2018, for failure to pay an infraction penalty shall be reinstated upon application and without charge to the applicant.
4. In addition to any other fees required in this section to be collected, the department shall collect sixty dollars ($60.00) for reinstating a driver’s license after conviction for driving under the influence, without privileges, and after conviction or other violation of any other traffic-related misdemeanor or infraction, of which fees forty dollars ($40.00) shall be paid over to the county treasurer of the county in which the conviction occurred for support of that county’s justice fund, or the current expense fund if no county justice fund has been established, and the twenty dollars ($20.00) shall be deposited in the state highway account.
5. In addition to any other fees required in this section to be collected, the department shall collect two hundred dollars ($200) for reinstating a driver’s license after a suspension imposed under the provisions of section 18-8002 or section 18-8002A, Idaho Code, or after a revocation, disqualification or suspension arising out of any alcohol or drug-related offense, other than a suspension imposed upon a person under eighteen (18) years of age pursuant to section 18-1502(d), Idaho Code. Funds collected pursuant to this subsection shall be deposited in the state highway account.
6. When there is more than one (1) reason why a driver’s license was revoked or suspended or why a driver was disqualified, the department shall not collect multiple fees for reinstatement, but shall only collect one (1) reinstatement fee, which shall be the greater reinstatement fee, provided however, the department shall collect a reinstatement fee for each revocation, disqualification or suspension under chapter 80, title 18, Idaho Code.

§ 49-329. No operation under foreign license during suspension or revocation in Idaho.

No resident or nonresident whose driver’s license or right or privilege to operate a motor vehicle in Idaho has been suspended or revoked shall operate a motor vehicle in this state under a driver’s license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after revocation until a new driver’s license is obtained when and as permitted under this chapter.

§ 49-330. Right of appeal to court.

Any person denied a driver’s license by the department or whose driver’s license has been cancelled, suspended, disqualified, revoked, or restricted by the department shall have the right to file a petition for judicial review pursuant to chapter 52, title 67, Idaho Code.

§ 49-331. Unlawful use of driver’s license.

It is a misdemeanor for any person:

1. To display or cause or permit to be displayed or have in his possession any mutilated or illegible, cancelled, revoked, suspended, disqualified, fictitious or fraudulently altered driver’s license;
2. To lend his driver’s license to any other person or knowingly permit the use of his driver’s license by another;
3. To display or represent as one’s own a driver’s license not issued to him;
4. To fail or refuse to surrender to the department, upon its lawful demand, any driver’s license which has been suspended, revoked, disqualified or cancelled;
5. To use a false or fictitious name in any application for a driver’s license, or to knowingly make a false statement, or to knowingly conceal a material fact or otherwise commit a fraud in any application;
6. To permit any unlawful use of a driver’s license issued to him; or
7. To manufacture, produce, sell, offer for sale or transfer to another person any document purporting to be a certificate of birth or driver’s license.

In addition to the misdemeanor penalties that may be imposed for violation of the provisions of paragraphs (1) through (7) of this section, the court upon conviction may enter an order directing the department to suspend the driver’s license, a permit to drive, privileges or any nonresident’s driving privileges for a period of ninety (90) days. A conviction under this section shall not be used as a factor or considered in any manner for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer, nor shall such conviction be grounds for nonrenewal of any insurance policy as provided in section 41-2507, Idaho Code.

§ 49-331A. [Amended and Redesignated.]

§ 49-332. Making false affidavit perjury.

Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the provisions of this chapter to be sworn to or affirmed, is guilty of perjury and upon conviction shall be punished as provided by law.

§ 49-333. Prohibitions.

No person shall:

1. Cause or knowingly permit his child or ward under the age of eighteen (18) years to operate a motor vehicle upon any highway when the child or ward is not authorized under or is in violation of any of the provisions of this chapter.
2. Authorize or knowingly permit a motor vehicle owned by him or under his control to be operated upon any highway by any person who is not authorized under or is in violation of any of the provisions of this chapter.
3. Employ as a chauffeur of a motor vehicle any person not then licensed as provided in this chapter.

§ 49-334. Renting motor vehicle to another.

1. No person shall rent a motor vehicle to any other person unless the latter person is then licensed or, in the case of a nonresident, then licensed under the laws of the state or country of his residence, except a nonresident whose home state or country does not require that any operator be licensed.
2. No person shall rent a motor vehicle to another until he has inspected the driver’s license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of the person written in his presence.
3. Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of the latter person and the date and place when and where the license was issued. This record shall be open to inspection by any peace officer or officer or employee of the department.

§ 49-335. Disqualifications and penalties — Commercial driver’s license.

1. Any person who operates a commercial motor vehicle or who holds a class A, B or C driver’s license is disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if convicted in the form of a judgment or withheld judgment of a first violation under any state or federal law of:
   1. Operating a motor vehicle while under the influence of alcohol or a controlled substance;
   2. Operating a commercial motor vehicle while the alcohol concentration of the person’s blood, breath or bodily substance is 0.04 or more;
   3. Leaving the scene of an accident involving a motor vehicle driven by the person;
   4. Using a motor vehicle in the commission of any felony;
   5. Operating a commercial motor vehicle when the person’s class A, B or C commercial driver’s license driving privileges were revoked, suspended or canceled, or during a time when such person was disqualified from operating a commercial motor vehicle, if the reason for such revocation, suspension, cancellation or disqualification was the result of a violation that occurred while the person was operating a commercial motor vehicle;
   6. Causing a fatality through negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.
2. Any person who operates a commercial motor vehicle or who holds a class A, B or C driver’s license is disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if the person refuses to submit to or submits to and fails a test to determine the driver’s alcohol, drug or other intoxicating substances concentration while operating a motor vehicle.
3. If any of the offenses specified in subsection (1) or (2) of this section occurred while transporting a hazardous material required to be placarded, the person is disqualified for a period of not less than three (3) years.
4. A person is disqualified for the period of time specified in 49 CFR part 383 if found to have committed two (2) or more of any of the offenses specified in subsection (1) or (2) of this section, or any combination of those offenses, arising from two (2) or more separate incidents.
5. A person is disqualified for the period of time specified in 49 CFR part 383 from operating a commercial motor vehicle who uses a motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession of a controlled substance with the intent to manufacture, distribute or dispense such controlled substance.
6. A person is disqualified from operating a commercial motor vehicle for a period of not less than sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) or more serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three (3) year period. A conviction for reckless driving shall be considered a serious traffic violation if committed while operating a commercial motor vehicle or a noncommercial motor vehicle, as specified in 49 CFR part 383. (7) A person who drives, operates, or is in physical control of a commercial motor vehicle within this state while having any detectable amount of alcohol in his system or who refuses to submit to an alcohol test must be placed out of service for twenty-four (24) hours and be subject to the provisions of section 18-8002, Idaho Code.
   1. One hundred eighty (180) days nor more than one (1) year for a first conviction;
   2. Two (2) years nor more than five (5) years for a second conviction arising from separate incidents during any ten (10) year period;
   3. Three (3) years nor more than five (5) years for three (3) or more convictions arising from separate incidents during any ten (10) year period.

(8) It is unlawful to violate an out-of-service order. A person who is convicted in the form of a judgment or withheld judgment of a violation of an out-of-service order while driving a commercial motor vehicle is disqualified for not less than:

(9) A person who is convicted in the form of a judgment or withheld judgment of a violation of an out-of-service order while driving a commercial motor vehicle and while transporting hazardous materials required to be placarded under the hazardous materials transportation act, or while operating motor vehicles designed to transport sixteen (16) or more people including the driver, is disqualified for not less than:

(a) One hundred eighty (180) days nor more than two (2) years for a first conviction;

(b) Three (3) years nor more than five (5) years for subsequent convictions arising from separate incidents in any ten (10) year period.

(10) A person is disqualified from operating a commercial motor vehicle if convicted of a railroad grade crossing violation as specified in 49 CFR part 383 or applicable state laws while operating a commercial motor vehicle. The disqualification shall be for a period of:

(a) Sixty (60) days for a first conviction;

(b) One hundred twenty (120) days for a second conviction during any three (3) year period;

(c) One (1) year for a third or subsequent conviction during any three (3) year period.

(11) A person is disqualified from operating a commercial motor vehicle if the federal motor carrier [safety] administration has determined the person’s driving constitutes an imminent hazard, as defined in 49 CFR 383.5.

(a) An imminent hazard disqualification may not exceed one (1) year in duration. The driver, or a representative on his or her behalf, may file an appeal of the disqualification with the assistant administrator, adjudications counsel, federal motor carrier safety administration.

(b) Any imminent hazard disqualification transmitted by the federal motor carrier safety administration shall become a part of the driver’s record.

(c) The imminent hazard disqualification shall run concurrent to any other existing disqualification.

(12) In addition to the disqualification periods in subsections (8) and (9) of this section, a driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand five hundred dollars ($2,500) for the first conviction and not less than five thousand dollars ($5,000) for any subsequent conviction.

§ 49-336. Nonresident commercial driver’s license.

1. The department shall issue a license in class A, B, or C or any endorsement, only to a person who is domiciled in this state; however, an applicant who is domiciled in a foreign country where the commercial motor vehicle operator testing and licensing standards do not meet the standards in accordance with 49 CFR part 383 may obtain a nonresident driver’s license from this state which meets such standards. The applicant for a nonresident driver’s license shall be required to comply with all provisions of this chapter, in the same manner as an Idaho resident.
2. The department shall add the word nonresident to the face of the commercial driver’s license of the nonresident driver.

§ 49-337. Employee and employer responsibilities.

1. Any operator of a commercial motor vehicle or any person who holds a class A, B or C driver’s license issued by this state, and who is convicted of violating any state law or local ordinance in any other state relating to motor vehicle traffic control, other than parking violations, such person shall notify the department of the conviction in the manner specified by the department within thirty (30) days of the date of conviction.
2. Any operator of a commercial motor vehicle or any person who holds a class A, B or C driver’s license issued by this state, and who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, such person shall notify his employer in writing of the conviction within thirty (30) days of the date of conviction.
3. Each employee whose class A, B or C driver’s license is suspended, revoked, denied, refused or canceled by this state or who loses the privilege to operate a commercial motor vehicle in any state for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify his employer of that fact before the end of the business day following the day the employee received notice of that fact.
4. Each person who applies for employment as an operator of a commercial motor vehicle with an employer shall provide notification to the employer, at the time of application, of his previous employment as an operator of a commercial motor vehicle. The period of previous employment of which notification must be given shall be the ten (10) year period ending on the date of application for employment.
5. No employer shall knowingly allow, permit, require or authorize an employee to operate a commercial motor vehicle in the United States during any period:
   1. In which the employee has a driver’s license suspended, revoked or canceled by a state, has lost the privilege to operate a commercial motor vehicle in a state or has been disqualified from operating a commercial motor vehicle; or
   2. In which the employee has more than one (1) driver’s license; or
   3. In which the employee, or the motor vehicle being driven, or the motor carrier operation, is subject to an out-of-service order.
6. An employer who is convicted of a violation of subsection (5)(c) of this section shall be subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) nor more than twenty-five thousand dollars ($25,000).
7. No employer shall knowingly allow, permit, require or authorize an employee to operate a commercial motor vehicle in the United States in violation of any federal, state or local law or federal regulation pertaining to railroad grade crossings. An employer who is convicted of a violation of this subsection (7) shall, in addition to the general penalties provided for in this title, be subject to a civil penalty of not more than ten thousand dollars ($10,000).
8. Each employer shall require the information specified in subsection (4) of this section to be provided by the employee.

§ 49-338 — 49-341. [Amended and Redesignated.]

§ 49-342 — 49-345. Penalties — Interpretation — Title — Separability. [Repealed.]

§ 49-346. [Amended and Redesignated.]

§ 49-347. Chauffeur defined. [Repealed.]

§ 49-348. [Amended and Redesignated.]

§ 49-349. Remittance of fees. [Repealed.]

§ 49-350, 49-351. Duties of board — Definitions. [Repealed.]

§ 49-352. Test of driver for blood alcohol. [Repealed.]

§ 49-353. Results of test available to operator. [Repealed.]

§ 49-354. Persons authorized to withdraw blood for the purpose of determining content of alcohol or other intoxicating substances. [Repealed.]

§ 49-355. Person tested selecting physician. [Repealed.]

§ 49-356 — 49-358. Driver rehabilitation and improvement programs. [Repealed.]

§ 49-401. Registration fee in lieu of property tax.

The registration fee imposed for vehicles under the provisions of this chapter shall be in lieu of all taxes on vehicles, general or local, and vehicles properly registered and for which the required fee for any part of the previous year has been paid shall be exempt from ad valorem taxation.

§ 49-401A. Owner to secure registration from a county assessor or the department.

1. Every owner of a motor vehicle, trailer or semitrailer who intends to operate the vehicle upon any highway in this state shall before the same is so operated, apply to a county assessor and obtain registration for vehicles in sections 49-402(1) through (3), 49-402A, 49-402B and 49-422, Idaho Code. All others shall be obtained from the department except as provided in subsection (2) of this section. Owners of vehicles specified in section 49-426, Idaho Code, are exempt from the provisions of this section. Owners of vehicles operating on a temporary basis as provided in sections 49-431(3), 49-432 and 49-433, Idaho Code, are exempt from the provisions of this section to the extent that the temporary permits in use are unexpired.
2. Commercial vehicles in excess of twenty-six thousand (26,000) pounds gross weight, farm and noncommercial vehicles in excess of sixty thousand (60,000) pounds gross weight and all vehicles registered under section 49-435, Idaho Code, shall be registered by the department. All other commercial, farm and noncommercial vehicles and the vehicles in paragraphs (a), (b), and (c) of this subsection, shall be registered by the county assessor.
   1. Motor vehicles equipped primarily to haul passengers on a commercial basis, doing strictly an intrastate business, and having gross weights of twenty-six thousand (26,000) pounds or less.
   2. Any farm vehicle or combination of vehicles where each vehicle or combination of vehicles shall not exceed a gross weight of sixty thousand (60,000) pounds.
   3. Nonresident vehicles or combination of vehicles owned by transient labor used in hauling unprocessed agricultural products for hire and not exceeding sixty thousand (60,000) pounds gross weight shall register their vehicle for the appropriate gross weight scale for the annual fee if registered on or before June 30, and for one-half (½) the annual fee if not registered until on or after July 1 of any year, with the assessor of the county in which the owner resides.
3. Commercial, farm and noncommercial vehicles of any weight doing strictly an intrastate business may be registered by the county assessor by mutual agreement between the department and the county.

§ 49-401B. Application for registration — Receipt for fee — Record of applicants.

1. Application for the registration of a vehicle required to be registered under the provisions of section 49-401A, Idaho Code, shall be made to the assessor or the department as specified in that section, by the owner upon the appropriate form. Every application shall contain the owner’s Idaho driver’s license number, Idaho identification card number, social security number or individual taxpayer identification number. In the case of a business, the employer tax identification number is required. Every application shall also contain the owner’s true and full legal name. In the event that the owner does not possess a social security number, individual taxpayer identification number, Idaho driver’s license number, or Idaho identification card number, the owner shall present written documentation sufficient to the department to determine that no social security number has been issued. In the event that a business, trust or other statutorily created entity is not required to have and does not possess an employer tax identification number, the applicant shall provide a written statement certifying that the entity does not possess an employer tax identification number. Such application must be signed by the owner and contain his residence address and mailing address, if different, and a brief description of the vehicle to be registered, including the name of the maker, the type of fuel used, and the identification number. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant may state in the application required pursuant to this section the applicant’s alternative Idaho mailing address in place of his or her residence address. Upon registration of a new vehicle, the application shall also show the date of sale by the manufacturer or dealer to the person first operating such vehicle. The application shall contain any other information as may be required by the department and shall contain a provision that allows an owner to choose to participate in the Idaho state parks passport program. The assessor shall issue to the applicant a receipt for any fee paid. Social security numbers collected shall not appear on certificates of registration, and all applications on file shall be exempt from disclosure, except as provided in sections 49-202, 49-203 and 49-203A, Idaho Code.
2. The assessor shall record on a form prescribed and furnished by the department, the names of all owners of vehicles residing in the county who make application for registration, together with the amounts of the fees paid by such owners.
3. When application for registration is made by any motor carrier, the assessor or the department shall require each such applicant to execute a certification of safety compliance.
4. Vehicles registered under the proportional registration provisions of section 49-435, Idaho Code, shall be registered by the department.
5. Every owner of a vehicle registered by a county assessor shall give his physical domicile residence address or the business physical principal address to the assessor so that the proper county can be entered upon the registration. Failure to do so shall be unlawful. The department shall then attribute the registration, and all fees to be apportioned to the highway distribution account, to the county of residence regardless of the county in which the registration occurred. Fees imposed under the provisions of sections 40-827 and 40-1416, Idaho Code, shall be separately identified and accounted for, and paid to the highway district for which collected. Fees collected in addition to vehicle registration fees for the Idaho state parks passport program, as provided in section 49-402(11), Idaho Code, shall be separately identified and accounted for and paid to the state treasurer on a monthly basis to be deposited in the park and recreation fund as specified in section 49-402(11), Idaho Code. For the purposes of vehicle registration, a person is an actual and permanent resident of the county in which he has his principal residence or domicile. A principal residence or domicile shall not be a person’s workplace, vacation, or part-time residence.
6. A violation of the provisions of this section shall be an infraction.

§ 49-402. Annual registration.

1. The annual fee for operating each pickup truck, each neighborhood electric vehicle and each other motor vehicle having a maximum gross weight not in excess of eight thousand (8,000) pounds and that complies with the federal motor vehicle safety standards as defined in section 49-107, Idaho Code, shall be:
2. For all school buses operated either by a nonprofit, nonpublic school or operated pursuant to a service contract with a school district for transporting children to or from school or in connection with school-approved activities, the annual fee shall be twenty-four dollars ($24.00) and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.
3. For all motorcycles and motor-driven cycles that comply with the federal motor vehicle safety standards, operated upon the public highways, the annual fee shall be nineteen dollars ($19.00) and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.
4. For operation of an all-terrain vehicle, utility type vehicle or motorbike, excluding a motorbike with an engine displacement of fifty (50) cubic centimeters or less, on city, county or highway district roads or highways open to such use, a restricted vehicle license plate fee pursuant to section 49-450, Idaho Code, shall be paid. In addition, the registration fee specified in section 67-7122, Idaho Code, shall be paid as provided in section 67-7122, Idaho Code. The registration and restricted vehicle license plate exemption provided in section 49-426(2), Idaho Code, applies to all-terrain vehicles, utility type vehicles, motorbikes and motorcycles used for the purposes described in section 49-426(2), Idaho Code. Nonresidents shall be allowed to purchase a restricted vehicle license plate and sticker for an all-terrain vehicle, utility type vehicle or motorbike. (5) For all motor homes, the fee shall be as specified in subsection (1) of this section and shall be in addition to the fees provided for in section 49-445, Idaho Code.

Vehicles one (1) and two (2) years old ............................... $69.00

Vehicles three (3) and four (4) years old ............................... $57.00

Vehicles five (5) and six (6) years old ............................... $57.00

Vehicles seven (7) and eight (8) years old ............................... $45.00

Vehicles over eight (8) years old ............................... $45.00

There shall be twelve (12) registration periods, starting in January for holders of validation registration stickers numbered 1, and proceeding consecutively through December for holders of validation registration stickers numbered 12, each of which shall start on the first day of a calendar month and end on the last day of the twelfth month from the first day of the beginning month. Registration periods shall expire midnight on the last day of the registration period in the year designated by the validation registration sticker. The numeral digit on the validation registration stickers shall, as does the registration card, fix the registration period under the staggered registration system for the purpose of reregistration and notice of expiration.

A vehicle that has once been registered for any of the above-designated periods shall, upon reregistration, be registered for the period bearing the same number, and the registration card shall show and be the exclusive proof of the expiration date of registration and licensing. Vehicles may be initially registered for less than a twelve (12) month period, or for more than a twelve (12) month period, and the fee prorated on a monthly basis if the fractional registration tends to fulfill the purpose of the monthly series registration system.

(6) Registration fees shall not be subject to refund.

(7) A financial institution or repossession service contracted to a financial institution repossessing vehicles under the terms of a security agreement shall move the vehicle from the place of repossession to the financial institution’s place of business on a repossession plate. The repossession plate shall also be used for demonstrating the vehicle to a prospective purchaser for a period not to exceed ninety-six (96) hours. The registration fees for repossession plates shall be as required in subsection (1) of this section for a vehicle one (1) and two (2) years old. All other fees required under chapter 4, title 49, Idaho Code, shall be in addition to the registration fee. The repossession plate shall be subject to staggered registration for the purpose of reregistration and notice of expiration.

(8) A wrecker or towing business engaged in the process of towing motorized vehicles, which have been wrecked, abandoned, salvaged or may be disabled, may apply for a wrecker plate to be displayed on those vehicles being towed, provided the power unit is properly registered under this chapter. The registration fees for wrecker plates shall be as required in subsection (1) of this section for a vehicle one (1) and two (2) years old. All other fees required under chapter 4, title 49, Idaho Code, shall be in addition to the registration fee and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.

(9) In addition to the annual registration fee in this section, there shall be an initial program fee of twenty-five dollars ($25.00) and an annual program fee of fifteen dollars ($15.00) for all special license plate programs for those license plates issued pursuant to sections 49-404A, 49-407, 49-408, 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For special plates issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an initial program fee of twenty-five dollars ($25.00) but there shall be no annual renewal fee. For special plates issued pursuant to sections 49-415D, 49-417, 49-417A, 49-417B, 49-417C, 49-417D, 49-418A, 49-418B, 49-418C, 49-419, 49-419A, 49-419C, 49-419E, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420E, 49-420J, 49-420K, 49-420L, 49-420M, 49-420N, 49-420O, 49-420P, 49-420Q, and 49-420R, Idaho Code, and any new special plate program effective on and after January 1, 2013, pursuant to section 49-402D, Idaho Code, there shall be an initial program fee of thirty-five dollars ($35.00) and an annual program fee of twenty-five dollars ($25.00). The fees contained in this subsection shall be applicable to all new special plate programs and shall be subject to staggered registration for the purpose of reregistration and notice of expiration. The initial program fee and the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of special license plate programs, unless otherwise specified by law.

(10) Any vehicle that does not meet federal motor vehicle safety standards shall not be registered and shall not be permitted to operate on public highways of the state, as defined in section 40-117, Idaho Code, unless otherwise specifically authorized.

§ 49-402A. Utility trailers — Registration, fees and transfers.

1. The department shall register a utility trailer for a period of one (1) year for a fee of five dollars ($5.00).
2. The department may register a utility trailer for a five (5) year period or for a ten (10) year period, and shall issue a license plate with the year of expiration designated by a validation sticker. Five (5) year registrations shall cost twenty dollars ($20.00) and ten (10) year registrations shall cost thirty dollars ($30.00) and shall be subject to staggered registration for the purpose of reregistration and notice of expiration.
3. If ownership or interest in the trailer transfers as a result of a sale, neither the registration card nor plate can be transferred to another person. The registration card and plate shall remain in the possession of the transferor and may be transferred to another utility trailer owned by the transferor, and shall be valid until expiration of the original registration.

§ 49-402B. Optional biennial registration.

1. At the option of the applicant, any vehicle registered under the provisions of section 49-402(1) through (5), Idaho Code, may be registered for a period of two (2) years for a fee that is double the fee currently assessed for annual registration of the vehicle in section 49-402, Idaho Code.
2. If any vehicle registered under a special license plate program is registered for a two (2) year period as provided in this section, the registrant shall also be required to pay the special programs fees for a two (2) year period.
3. The additional fee collected for emergency medical services pursuant to section 49-452, Idaho Code, or project choice pursuant to section 49-454, Idaho Code, shall also be doubled for any registration issued under the provisions of this section.
4. The administrative fee collected for issuance of a motor vehicle registration shall be the same as for an annual registration and shall not be doubled or in any way increased solely because of registration under the provisions of this section.

§ 49-402C. Special license plate programs — Standardized plate color and design.

1. It is the intent of the legislature that special license plates issued by the department be readily recognizable as plates from the state of Idaho without losing the uniqueness for which the special plate was designed and purchased. In addition, the legislature finds that the department can operate in a more efficient, cost-effective manner by conforming special plates to a basic color and design.
2. No special license plates and no special license plate programs in existence on or before June 30, 1998, shall be affected by the provisions of subsections (2) through (5) of this section. On and after July 1, 1998, any new special license plate program authorized or any redesign of an existing special license plate shall use the same red, white and blue background as the standard issue of license plates described in section 49-443, Idaho Code, except that:
   1. The identification of county shall be omitted;
   2. The word “Idaho” shall appear on every plate;
   3. The inscription “Scenic Idaho” may be omitted without legislative consideration and approval; and
   4. No slogan shall be used that infringes upon, dilutes or compromises, or could be perceived to infringe upon, dilute or compromise, the trademarks of the state of Idaho, including, but not limited to, “Idaho Potatoes®,” “Grown in Idaho/tm,” “Famous Idaho Potatoes/tm” or “Famous Potatoes®.”
3. Any redesign required for a special plate to conform with legislative intent and the provisions of this section may be done in a manner similar to that used to produce the original design.
4. The special plates shall conform in all other respects with the provisions of section 49-443, Idaho Code, relating to visibility requirements, display of registration number, time period for validity of plates, and reservation of plate numbers.
5. Unless otherwise specifically provided, no special license plates shall be issued to motor vehicles with a registered maximum gross weight in excess of twenty-six thousand (26,000) pounds, or any motor vehicle registered under section 49-434(5), Idaho Code, or section 49-435, Idaho Code.
6. Notwithstanding any other provision of law to the contrary, on and after July 1, 2020, no new special license plate or special license plate program shall be established for the benefit of any entity that is not the state of Idaho or an agency of the state of Idaho. With respect to any special license plate program that is in existence on July 1, 2020, that has a nonprofit agency as a recipient of the proceeds from the sales of such plate, if fewer than one thousand (1,000) plates are issued in the first year of the special plate program’s existence, fewer than one thousand five hundred (1,500) plates are issued in the second year of the special plate program’s existence, or fewer than two thousand (2,000) plates in the third or any subsequent year of such special plate program’s existence, the department shall discontinue that special license plate program.

The provisions of this section shall not apply to the plate designs issued pursuant to the provisions of section 49-417, Idaho Code.

§ 49-402D. Special license plate prequalification process.

1. For any new special license plate program approved by the legislature, the program sponsor shall, before issuance of any such special license plate, meet the prequalification process outlined in this section. The program sponsor for any special plate program shall:
   1. Submit a financial plan for the use of the proceeds from the special license plate sales and certify that all such proceeds shall be deposited in the highway distribution account, except with respect to any new special plate that may be established for the benefit of an Idaho college or university pursuant to section 49-418A, Idaho Code, or a military license plate; and
   2. Designate an individual who shall be deemed responsible by the agency for certifying compliance with the requirements of this section and working with the department.
2. If the request for a special license plate is approved by the department, the following requirements, in addition to those set out in subsection (1) of this section, shall be met by September 1 prior to the next legislative session and prior to the issuance of any special license plates approved by the legislature.
   1. The applicant shall deposit estimated programming and administrative costs with the department to be utilized for programming costs of the specialty plate. Administrative costs in the amount of one thousand dollars ($1,000) shall be nonrefundable.
   2. In addition to the requirements provided for in section 49-402C, Idaho Code, the applicant requesting a special license plate program shall provide to the department an acceptable plate design.
   3. The applicant shall transmit to the department a list of two hundred fifty (250) applicants, whose vehicles are currently registered in the state of Idaho, who intend to purchase the specialty plate when available, as evidenced by completing forms provided by the department.
3. The department shall submit the completed applications for special license plate programs that meet the requirements of this section to the chairmen of the senate transportation committee and the house of representatives transportation and defense committee each year on behalf of the agency to be included for consideration in the next legislative session.
4. On an annual basis, by December 1 of each calendar year, the sponsor of a special license plate program shall prepare an annual report, which shall be made available on request and shall be forwarded to the department. Such report shall include an accounting of revenues and expenditures associated with the funds collected for the special license plate program. The department shall compile and forward such reports to the chairmen of the senate transportation committee and the house of representatives transportation and defense committee by January 15 of each year. Failure of the agency to provide such report by the due date shall result in the discontinuation of the special license plate program sales on January 1. The provisions of this section shall exclude special plates established for the highway distribution account, an Idaho college or university pursuant to section 49-418A, Idaho Code, and military license plate programs. (5) Any decision by the department that the special license plate program application does not meet the provisions of this section may be appealed to the director of the department. Such notice of appeal shall be made in writing within twenty (20) days of the notice of denial. For all denied applications, the department shall, at the next legislative session, report to the senate and house of representatives transportation committees on such denied applications and the reason for the denials.

(d) The department is authorized and shall adopt and promulgate rules to carry out the provisions of this section.

§ 49-402E. Rental fleet registration.

1. As used in this section “rental fleet” means more than twenty-five (25) motor vehicles that are:
   1. Owned by a rental company;
   2. Offered for rental without a hired driver through a rental agreement; and
   3. Designated by the registered owner of the motor vehicle as a rental fleet vehicle at the time of registration.
2. 1. On and after the effective date of this act, an owner that registers a motor vehicle, weighing sixteen thousand (16,000) pounds or less, under the provisions of chapter 4, title 49, Idaho Code, may obtain an alternative special registration card and rental car stickers for the license plates if the motor vehicle is owned by a rental company and maintained in the rental company’s rental fleet. (2)(a) On and after the effective date of this act, an owner that registers a motor vehicle, weighing sixteen thousand (16,000) pounds or less, under the provisions of chapter 4, title 49, Idaho Code, may obtain an alternative special registration card and rental car stickers for the license plates if the motor vehicle is owned by a rental company and maintained in the rental company’s rental fleet.
   2. Although annual registration shall be required for each fleet vehicle, the registration card and rental car stickers for the license plates issued under paragraph (a) of this subsection are valid for the life of the motor vehicle while the motor vehicle is maintained in the rental fleet.
3. An owner that receives the alternative special registration card and rental car stickers for the license plates issued under this section shall renew the annual registration. If registration is not renewed, the registration shall be canceled.
4. In addition to the registration fees collected under chapter 4, title 49, Idaho Code, the department shall also collect an additional two dollars ($2.00) for the initial registration for each vehicle registered under this section, which shall be deposited in the state highway account.

§ 49-403. Disabled veteran — License plates.

No fee shall be charged for the registration or reregistration of a motor vehicle owned by a veteran who has established his rights to benefits under the provisions of Public Law 662, 79th Congress, as amended, and Public Law 187, 82nd Congress, as amended. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds, nor to any vehicle registered under section 49-434(5), Idaho Code. No fee shall be charged for the registration or reregistration of a motor vehicle owned by a veteran, who is at the time of the registration or reregistration receiving compensation from the veterans administration or in lieu thereof, from any of the armed forces of the United States, for one hundred percent (100%) service-connected disability or for any of the following specific disabilities: Loss or permanent loss of use of one (1) or both feet; loss or permanent loss of use of one (1) or both hands; loss of sight in both eyes or permanent impairment of vision in both eyes to the degree as to constitute virtual blindness. These provisions shall be considered applicable not only as to the vehicle originally purchased under this authorization, but also as to any vehicle subsequently purchased and owned by the same veteran, so long as the privilege shall not extend to more than one (1) vehicle at a time. Special license plates shall be issued for such a vehicle, identified by the inscription “D.V.”, and a separate number series shall be used to further identify the license plates so issued. These license plates shall not be issued by the counties but shall be issued by the department. The plates shall be displayed in accordance with the procedure applicable to license plates set forth in section 49-428, Idaho Code. A vehicle displaying plates issued in accordance with the provisions of this section shall be afforded the same privileges specified in section 49-410(7), Idaho Code.

§ 49-403A. Purple heart recipient — License plates.

1. Purple heart recipient license plates are available to any applicant who is a veteran or an active or retired member of any of the armed forces of the United States, reserve forces or Idaho national guard and who furnishes proof of entitlement by providing one (1) of the following documents:
   1. A copy of form DD214 or equivalent document showing an award of the purple heart medal;
   2. A copy of the certificate presented with the medal; or
   3. A copy of the military order describing the award of the medal to the applicant.
2. In addition to the regular registration fee, the applicant shall be charged the plate fee required in section 49-450, Idaho Code. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the registration shall expire, but the purple heart recipient may transfer his plates to another vehicle upon payment of the required transfer fees. He may display the plates only after receipt of new registration from the department. A purple heart recipient shall not register more than two (2) vehicles under the provisions of this section. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds, nor to any vehicle registered under section 49-434(5), Idaho Code.
3. Purple heart recipient license plates may be retained and displayed on vehicles owned by the surviving spouse of a deceased purple heart recipient. In addition, the surviving spouse of a deceased purple heart recipient is eligible to reapply for and shall be issued purple heart recipient license plates if the deceased purple heart recipient died on or after January 1 of the five (5) years preceding the date of reapplication for the plates. Such plates shall be used on a vehicle owned by the surviving spouse.
4. The purple heart recipient license plates shall be of a color and design acceptable to the military order of the purple heart association and approved by the department, utilizing a numbering system as determined by the department.
5. Effective January 1, 2015, for those purple heart recipients who are listed as an owner of the vehicle who also qualify as disabled pursuant to section 49-410, Idaho Code, the international accessible symbol will also appear on the purple heart license plates. Such requirements must be met upon application for the license plates. Those plates with the disability symbol shall be nontransferable to a surviving spouse, unless the requirements of section 49-410, Idaho Code, can be met by the spouse.
6. A purple heart recipient who qualifies for a disabled veteran fee exemption under section 49-403, Idaho Code, shall have a choice between a purple heart recipient license plate or a disabled veteran license plate and shall not be charged a plate fee or a fee for registration or reregistration of the motor vehicle. The provisions of this subsection shall apply to the vehicle originally purchased under this authorization and also to any vehicle subsequently purchased and owned by the same veteran. The privilege shall not extend to more than one (1) vehicle owned by the veteran at a time.

§ 49-403B. Gold star — License plates.

1. In this section:
   1. “Combat zone” means those locations involving a “period of war” as defined in 38 U.S.C. section 101(11) and such other locations and times as the division of veterans services may define by rule.
   2. “Qualifying cause of death” means a death of a person due to hostile action while serving in the armed forces of the United States on active duty in a combat zone as the division of veterans services may define by rule.
   3. “Qualifying family member” means the surviving spouse, parent, stepparent, child, stepchild, sibling, half-sibling, stepsibling, grandparent or legal guardian of a person who died due to a qualifying cause of death.
2. Qualifying family members are eligible to apply for gold star license plates. As proof of eligibility, the applicant shall furnish to the department a statement from the division of veterans services certifying eligibility.
3. The division of veterans services shall establish by rule the requirements for receipt of a certificate of eligibility including proof of qualifying familial relationship to the deceased service member and the death of the service member due to a qualifying cause of death.
4. No special plate program fee shall be charged in addition to regular registration or renewal of registration of a motor vehicle owned by the spouse, parent or stepparent of a service member who was killed during active military service in a combat zone and receiving gold star license plates.
5. A qualifying family member who is not the spouse, parent or stepparent shall be charged the regular registration fee and plate fee required in section 49-450, Idaho Code, and an additional fee of thirty-five dollars ($35.00) for the initial issuance of plates and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this gold star license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited in the veterans support fund, section 65-209, Idaho Code, and shall be used to defray the costs of administration of the eligibility certification program and to provide programs to support veterans.
6. Gold star license plates shall be used only on a motor vehicle owned by the qualifying family member.
7. Whenever title or interest in a motor vehicle registered under this section is transferred or assigned, the registration shall expire, but the qualifying family member may transfer the gold star license plates to another motor vehicle upon payment of the required transfer fees. The qualifying family member may only display the gold star license plates after receipt of new registration from the department.
8. A qualifying family member shall not register more than two (2) motor vehicles under this section. This section shall not apply to any motor vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds, nor to any vehicle registered under section 49-434(5), Idaho Code.
9. Gold star license plates may be retained and displayed on motor vehicles owned by the surviving spouse of a qualifying family member. In addition, the surviving spouse is eligible to reapply for and shall be issued gold star license plates if the deceased qualifying family member died on or after January 1 of the five (5) years preceding the date of reapplication for the gold star license plates. Such plates shall be used only on a motor vehicle owned by the surviving spouse of the qualifying family member. (10) The gold star license plates shall be of a color and design acceptable to the veterans affairs commission and approved by the department, utilizing a numbering system as determined by the department. Gold star license plates shall not be subject to discontinuance pursuant to section 49-402C(6), Idaho Code.

§ 49-403C. Purple heart recipient motorcycle license plate.

1. On and after January 1, 2015, any person who is the owner of a motorcycle registered under the provisions of section 49-402, Idaho Code, may apply for and upon department approval receive a purple heart motorcycle license plate in lieu of a regular motorcycle license plate.
2. Purple heart recipient license plates are available to any applicant who is a veteran or an active or retired member of any of the armed forces of the United States, reserve forces or Idaho national guard, and who furnishes proof of entitlement by providing one (1) of the following documents:
   1. A copy of form DD214 or equivalent document showing an award of the purple heart medal;
   2. A copy of the certificate presented with the medal; or
   3. A copy of the military order describing the award of the medal to the applicant.
3. In addition to the regular registration fee, the applicant shall be charged the plate fee required in section 49-450, Idaho Code. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the registration shall expire, but the purple heart recipient may transfer his plates to another vehicle upon payment of the required transfer fees. He may only display the plates after receipt of new registration from the department. A purple heart recipient shall not register more than two (2) vehicles under the provisions of this section.
4. Purple heart recipient license plates may be retained and displayed on vehicles owned by the surviving spouse of a deceased purple heart recipient. In addition, the surviving spouse of a deceased purple heart recipient is eligible to reapply for and shall be issued purple heart recipient motorcycle license plates if the deceased purple heart recipient died on or after January 1 of the five (5) years preceding the date of reapplication for the plates. Such plates shall be used on a motorcycle owned by the surviving spouse.
5. The purple heart recipient motorcycle license plates shall be of a color and design acceptable to the military order of the purple heart association and approved by the department, utilizing a numbering system as determined by the department.
6. For those purple heart recipients who are listed as an owner on a motorcycle who also qualify as disabled pursuant to section 49-410, Idaho Code, the international accessible symbol will also appear on the purple heart motorcycle license plates. Such requirements must be met upon application for the motorcycle license plates. Those plates with the disability symbol shall be nontransferable to a surviving spouse, unless the requirements of section 49-410, Idaho Code, can be met by the spouse.

§ 49-404. National guard members — Distinctive plates.

1. In order to enhance visibility and identification of national guard members during mobilizations and emergencies, any active member of the Idaho national guard residing in the state of Idaho may, upon application to the department, register not more than two (2) motor vehicles and receive for each vehicle distinctive national guard license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The national guard license plates shall be designed, subject to the approval of the department, by the adjutant general. Proof of being an active member in the Idaho national guard must be furnished to the department before plates will be issued.
2. Whenever a member of the Idaho national guard transfers or assigns his title or interest to a vehicle especially registered under the provisions of this section, the registration shall expire but the member may hold his national guard license plates which he may have reissued to him upon the payment of the required transfer fees. He may only display the plates after receipt of new registration from the department.
3. In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the national guard member shall pay the plate fee specified in section 49-450, Idaho Code.

The Idaho national guard shall, prior to an individual’s discharge from active duty in the national guard, require that the national guard license plates either be turned in to the department or exchanged for other proper license plates as a condition of discharge.

§ 49-404A. Members of the armed forces reserve — Special plates.

1. Any active member of the armed forces reserves of the United States who is the owner of a vehicle registered under section 49-402(1) or section 49-434(1), Idaho Code, may, upon application to the department, register not more than two (2) motor vehicles and receive for each vehicle special license plates in lieu of regular numbered plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The special license plates shall be designated by the department with the word “RESERVIST” centered along the bottom edge and be numbered in sets of two (2) with a different number following appropriate letters as follows: United States Army Reserve: Army (number); United States Navy Reserve: Navy (number); United States Marine Corps Reserve: USMC (number); United States Air Force Reserve: USAF (number); and United States Coast Guard Reserve: USCG (number). Proof of being an active member in the United States armed forces reserves must be furnished to the department before special plates will be issued. Special license plates issued under this section shall be issued under the staggered registration process provided for in section 49-402(1), Idaho Code, or the annual registration in section 49-434(1), Idaho Code.
2. Any branch of the armed forces reserves of the United States shall, prior to an individual’s discharge from duty in that branch of the armed forces reserve, require that the special armed forces reserve license plates either be turned back to the department or exchanged for other proper license plates as a condition of discharge.
3. In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee specified in section 49-402, Idaho Code. The initial program fee and the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program which is provided to the public as a personal alternative to the standard license plate requirement. When a plate holder transfers or assigns his title or interest in the vehicle registered under this section, the registration shall expire, but the special plates may be transferred to another vehicle upon payment of the required transfer fee. Special plates shall only be displayed after receipt of the new registration.
4. The design and numbering scheme of the military reservist special plate shall be coordinated by the department with representatives of the armed forces reserves. However, the department shall have the final approval of the plate design and numbering scheme to ensure conformity within existing issues of plates and to contain costs within the limit of the fees received from applicants.

§ 49-405. Radio amateurs — Special license plates.

1. In order to enhance visibility and identification of radio amateurs during times of emergency any radio amateur residing in the state of Idaho, may, upon application to the department, register one (1) motor vehicle per radio license issued by the federal government and receive for that vehicle special license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The number on the plates shall be the same combination of figures and letters that make up the radio call sign of the amateur radio operator.
2. Proof of holding an amateur license from the federal communications commission must be furnished to the department before the plates will be issued. Should the amateur’s radio license expire during any given year and not be renewed, the special license plates must be surrendered to the department and regular license plates obtained.
3. Radio amateurs will notify the department at a time to be set by the department of their intention to procure special license plates under the terms specified in this section. Failure to do so will result in the amateur being required to accept regular license plates should the department be unable to procure the special plates. Special plates may still be procured when available but amateurs will be subject to the usual transfer fee.
4. Whenever an amateur transfers or assigns his title or interest to a vehicle especially registered the registration shall expire, but the amateur may hold his special license plates which he may have reissued to him upon the payment of the required transfer fees. He may only display the plates after receipt of new registration from the department.
5. In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the plate fee specified in section 49-450, Idaho Code.

§ 49-406. Idaho old timer — Special license plate program — Registration and standard license plates.

1. Any motor vehicle manufactured prior to January 1, 1943, that is maintained to its original likeness using original-type parts and materials, without major modifications shall be known as an “Idaho Old Timer.” Any motor vehicle which is altered from its original design is not an “Idaho Old Timer” as herein defined.
2. Any motor vehicle which qualifies as an “Idaho Old Timer” shall be used for exhibits, parades, tours, club activities and such occasional use as is necessary for operation and maintenance of the vehicle, and shall not be used for business or commercial purposes or as customary and usual transportation.
3. Applicants for a special “Idaho Old Timer” license plate shall pay an initial program fee of twenty-five dollars ($25.00) and the license plate fee required in section 49-450, Idaho Code, for each “Idaho Old Timer” plate which shall be displayed on the rear of the vehicle. The initial program fee shall be deposited in the state highway account, and the plate manufacturing fee shall be deposited in the plate manufacturing account.
4. Once every three (3) years, on a schedule set by the department, an ownership verification form shall be mailed to each plate holder on file with the department. The owner shall provide such information as is requested by the department to verify ownership of the vehicle(s) and that the special license plate(s) is still in use by the owner. A fee of three dollars ($3.00) shall be charged by the department for each vehicle. This fee shall be deposited in the state highway account to defray costs of the license plate program. If the owner no longer has an interest in a vehicle(s) the owner may retain the plates as specified in subsection (7) of this section. If the ownership verification form is not returned by the date specified by the department, the registration record will be purged from the files of the department. Any further use of the plate is lost to the owner and the plate number becomes available for issue to another applicant.
5. An applicant for the special “Idaho Old Timer” plate shall execute an affidavit on a form provided by the department that the vehicle qualifies as an old timer and shall only be used for the purposes allowed.
6. If an “Idaho Old Timer” is to be used as customary and usual transportation, or for business or commercial purposes, the owner shall register the vehicle under the provisions of section 49-402, or section 49-434, Idaho Code, as applicable, and shall obtain and display the standard issue of license plates after payment of the plate fee required in section 49-450, Idaho Code. It shall be permissible to display both the standard issue of plates and the special “Idaho Old Timer” plate. (7) Whenever title or interest in an Old Timer vehicle is transferred or assigned, the transferor may retain the plates for use on another vehicle which qualifies by providing the information required in subsection (5) of this section and by paying the required transfer fee. If the vehicle is also registered under the provisions of section 49-402 or section 49-434, Idaho Code, the provisions of section 49-431, Idaho Code, relating to the procedure for assignment and transfer of interest, shall apply.

The reissue of license plates as specified in section 49-443(2), Idaho Code, shall not be required unless there is a general consensus among the majority of plate holders that a new plate design is needed. Representatives of the plate holders shall make the request known to the department. The cost of manufacturing a new design will be set by the department based upon the cost of manufacturing supplies and administering the reissue. The equivalent cost of each plate will be charged to each plate holder who purchases the new plate. If a new plate design is authorized, the design and color shall be approved by representatives of the interest group. The design, color and numbering scheme shall also be subject to approval of the department. The existing plate design will be canceled and all plate holders, present and future shall purchase and display the new plate.

The department shall have the authority to refuse to issue a plate and may demand the return of such plate if the applicant has failed to comply with the provisions of this section.

§ 49-406A. Idaho classic — Special license plate program — Registration and standard license plates.

1. Any motor vehicle or motorcycle which is at least thirty (30) years old that does not qualify as an “Idaho Old Timer” and that is maintained to its original likeness using original-type parts and materials, without major modifications shall be known as an “Idaho Classic.” Any motor vehicle which is altered from its original design is not an “Idaho Classic” as herein defined.
2. Any motor vehicle or motorcycle which qualifies as an “Idaho Classic” shall be used for exhibits, parades, tours, club activities and such occasional use as is necessary for operation and maintenance of the vehicle, and shall not be used for business or commercial purposes or as customary and usual transportation.
3. Applicants for a special “Idaho Classic” license plate shall pay an initial program fee of twenty-five dollars ($25.00) and the license plate fee required in section 49-450, Idaho Code, for each Idaho classic plate which shall be displayed on the rear of the vehicle. The initial program fee shall be deposited in the state highway account, and the plate manufacturing fee shall be deposited in the plate manufacturing account.
4. Once every three (3) years, on a schedule set by the department, an ownership verification form shall be mailed to each plate holder on file with the department. The owner shall provide such information as is requested by the department to verify ownership of the vehicle(s) and that the special plate(s) is still in use by the owner. A fee of three dollars ($3.00) shall be charged by the department for each vehicle. This fee shall be deposited in the state highway account to defray costs of the license plate program. If the owner no longer has an interest in a vehicle(s) the owner may retain the plate as specified in subsection (7) of this section. If the ownership verification form is not returned by the date specified by the department, the registration record will be purged from the files of the department. Any use of the plate(s) is lost to the owner and the plate number becomes available for issue to another applicant.
5. An applicant for the special “Idaho Classic” plate shall execute an affidavit on a form provided by the department that the vehicle or motorcycle qualifies as an “Idaho Classic” and shall only be used for the purposes allowed.

The reissue of license plates as specified in section 49-443(2), Idaho Code, shall not be required unless there is a general consensus among the majority of plate holders that a new plate design is needed. Representatives of the plate holders shall make the request known to the department. The cost of manufacturing a new design will be set by the department based upon the cost of manufacturing supplies and administering the reissue. The equivalent cost of each plate will be charged to each plate holder who purchases the new plate. If a new plate design is authorized, the design and color shall be approved by representatives of the interest group. The design, color and numbering scheme shall also be subject to the approval of the department. The existing plate design will be canceled and all plate holders, present and future shall purchase and display the new plate.

The department shall have the authority to refuse to issue the plate and may demand the return of such plate if the applicant has failed to comply with the provisions of this section. (6) If an “Idaho Classic” is to be used as customary and usual transportation, or for business or commercial purposes, the owner shall register the vehicle under the provisions of section 49-402, or section 49-434, Idaho Code, as applicable, and shall obtain and display the standard issue of license plates after payment of the plate fee required in section 49-450, Idaho Code. It shall be permissible to display both the standard issue of plates and the “Idaho Classic” plate.

(7) Whenever title or interest in an Idaho classic motor vehicle or motorcycle is transferred or assigned, the transferor may retain the special plate for use on another vehicle which qualifies by providing the information required in subsection (5) of this section and by paying the required transfer fee. If the vehicle is also registered under the provisions of section 49-402 or section 49-434, Idaho Code, the provisions of section 49-431, Idaho Code, relating to the procedure for assignment and transfer of interest, shall apply.

§ 49-407. Year of manufacture plate.

Pursuant to rules of the department, any person who is the owner of a motor vehicle with any model year up to and through 1974 which is registered under section 49-402(1), Idaho Code, or section 49-434(1), Idaho Code, may display on the rear of the vehicle an authentic Idaho plate manufactured with a painted or embossed year matching the model year of the vehicle. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.

In addition to the regular registration fees required in sections 49-402(1), and 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee specified in section 49-402, Idaho Code. All revenues from the initial program fee and the annual program fee shall be deposited in the state highway account.

§ 49-408. Street rod.

1. Any motor vehicle manufactured prior to the year 1949, or designed and manufactured to resemble such a vehicle and which has been certified as a street rod may be registered as a street rod under the provisions of this section. However, the provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
2. Any street rod shall have all equipment in operating condition which was specifically required by law as a condition for its first sale after manufacture. No law requiring any particular equipment or specifying any standards to be met by motor vehicles shall apply to street rods unless it so specifically states.
3. Upon receipt of an application on a form prescribed by the department for a special street rod automobile plate, accompanied by other documentation required in this section, the department shall issue to the applicant a special street rod automobile plate which shall be displayed on the rear of the vehicle. The registration certificate need not specify the weight of the street rod, and the plate issued shall bear no date but shall bear the inscription “Street Rod,” “Idaho,” a picture of a 1929 highway roadster, and the registration number issued for the street rod, and the plate shall be valid upon annual renewal under section 49-402 or 49-434(1), Idaho Code, as long as the vehicle is in existence. The plate will be issued for the applicant’s use only for the particular vehicle, and in the event of a transfer of title, the transferor may hold the plate and transfer it to another qualifying street rod.
4. In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee specified in section 49-402, Idaho Code. All revenues from the initial program fee and the annual program fee shall be deposited in the state highway account.
5. The department has the power to revoke any registration issued under this section for cause shown for failure of the applicant to comply with the provisions of this section.

§ 49-409. Personalized license plates.

1. Any person who is the owner of a vehicle registered under section 49-402 or 49-434(1), Idaho Code, may apply to the department for personalized license plates in lieu of regular numbered plates except that this provision shall not apply to a vehicle registered under section 49-434(1), Idaho Code, with a maximum gross weight over twenty-six thousand (26,000) pounds or any vehicle registered under section 49-435, Idaho Code. In addition to the regular registration fees required in section 49-402(1) and (2), section 49-422, and section 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee specified in section 49-402, Idaho Code. All revenues from the initial program fee and the annual program fee shall be deposited in the state highway account. The personalized license plates shall be of the same color and design as other license plates, and shall consist of numbers or letters, or any combination thereof, not exceeding seven (7) positions. No more than one (1) particular combination of letters and numbers shall be in existence at any one (1) time. The form for application of the plates will be as prescribed by the director who, at his discretion, may refuse to issue the plates.
2. When personalized license plates are issued for a vehicle, the regular license plates for that vehicle belong to the registrant and may be transferred to another vehicle owned by the personalized plate applicant.

§ 49-410. Special license plates and placards for persons with a disability — Parking privileges — Placards for certain temporarily disabled persons — Enforcement.

1. Any person with a disability as defined in section 49-117, Idaho Code, or any parent or guardian of a dependent child with a disability as defined in section 49-117, Idaho Code, without regard to the age of the dependent child, shall be eligible for the use of special license plates bearing the international accessible symbol, for any vehicle owned by such person or owned by a qualified parent or guardian, but excluding any commercial vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The parking privileges granted under the provisions of subsection (7) of this section shall apply to any vehicle displaying special license plates or placard issued pursuant to this section.
2. Registration and license plate fees for vehicles owned by a person with a disability or qualified parent or guardian of a dependent child with a disability, shall be as provided, respectively, in sections 49-402, 49-434(1) and 49-450, Idaho Code. Nothing in this section shall be construed as abrogating provisions of section 49-445, Idaho Code. The use of the special placard issued under the provisions of subsection (4) of this section, shall not exempt the owner of a motor vehicle from otherwise properly registering and licensing the motor vehicle.
3. Special license plates for persons with a disability and for the parent or guardian of a dependent child with a disability, shall be the same size and color as other license plates, and shall have displayed upon them the registration numbers assigned to the vehicle and to the owner. The plates shall be numbered in a manner prescribed by the department, but the plates shall display the international accessible symbol.
4. The department shall issue a special placard bearing the international accessible symbol and other information the department may require, to:
   1. Any qualified person with a disability who does not own a motor vehicle;
   2. Any qualified person with a disability who owns a motor vehicle, without regard to weight or use of the vehicle;
   3. Any parent or guardian of a dependent child with a disability who owns a motor vehicle without regard to weight or use of the vehicle;
   4. Any business entity which is engaged in transportation of persons with a disability, which business shall not be required to submit a physician’s certification. In addition to other application requirements, a business applicant shall sign a declaration that he is engaged in the transportation of persons with a disability. A business entity may include, but not be limited to, hospitals, nursing homes, federal, state and local governmental agencies and taxicabs. (5) Any person or business issued a special placard shall affix the special placard to a motor vehicle in a conspicuous place designated by the department. The placard shall bear distinguishing marks, letters or numerals indicating the vehicle is utilized by a permanently disabled person. When the placard is affixed to a motor vehicle and the motor vehicle is transporting a person with a disability, special parking privileges are granted as provided in subsection (7) of this section.

§ 49-410A. Recertification required. [Null and void.]

§ 49-411. Dealer and manufacturer plate — Fees.

1. Any person conducting the business of manufacturing, buying, selling or dealing in vehicles, and licensed as a manufacturer of or a dealer in vehicles, and owning and operating any such vehicle upon any highway may, in lieu of registering each vehicle, obtain from the department upon application on the proper form and payment of the required fee, and attach to each vehicle, one (1) number plate as required for different classes of vehicles in section 49-434, Idaho Code. The special number plate shall bear a distinctive number assigned to the manufacturer or dealer, the name of this state, which may be abbreviated, and the year for which the plate is issued, together with words which may be abbreviated or a distinguishing symbol indicating that the plate is issued to a manufacturer or dealer.
   1. Dealer license plates shall be limited to two (2) license plates for up to twenty (20) vehicles sold during the previous dealer licensing period and one (1) license plate for each ten (10) additional vehicles sold during the previous dealer licensing period. Any new dealer who applies for a dealer license shall be eligible for the number of dealer plates requested based on the number of vehicles that the dealer estimates he will sell during the first year of licensure.
   2. Upon renewal of a dealer’s license, the department may audit vehicle sales from previous years to determine the number of dealer plates that will be authorized for the current dealer licensing period.
2. The fee to validate a dealer or manufacturer number plate shall be twelve dollars ($12.00) for each validation sticker.
3. All such fees shall be paid to the state treasurer and deposited to the state highway account.
4. Laden dealer or manufacturer plates shall be available to licensed dealers and manufacturers operating vehicles with laden loads in furtherance of their business pursuant to section 49-1627(5), Idaho Code. Such plates shall be exempt from the limit provisions of subsection (1)(a) of this section. The operating fee for a laden dealer or manufacturer plate will be equal to the fees for commercial vehicles pursuant to section 49-434(1), Idaho Code, for twenty-six thousand (26,000) pounds. Laden dealer and manufacturer plates are limited to a maximum combined gross vehicle weight of twenty-six thousand (26,000) pounds. Temporary weight increase permits may be purchased pursuant to section 49-432(2), Idaho Code.

§ 49-412. Vehicle dealer loaner plate.

1. A dealer, owning a vehicle may obtain, upon application to the department upon a proper form and payment of the fee required, and display on a vehicle loaned to a customer, a loaner vehicle number plate. The plate shall be the same design and numbering system as the plate issued for passenger vehicles or motorcycles.
2. The fee for each loaner plate or registration sticker shall be as provided in section 49-402(1), Idaho Code, for new vehicles.
3. All such fees shall be paid to the state treasurer and deposited to the state highway account.

§ 49-414. Legislative license plates — Fees.

1. Special legislative license plates shall be issued by the department upon application and payment of the required fees. Each legislator is eligible to register and receive special license plates for one (1) vehicle whose registered maximum gross weight does not exceed twenty-six thousand (26,000) pounds. The registration period shall be for one (1) year, from January 1 through December 31, and may be renewed, as long as the legislator holds office. The plates shall bear either the inscription “House” or “Senate,” shall contain a consecutive numbering from one (1) through the maximum number of members in each body with the numbers to be assigned by the speaker of the house of representatives and the president pro tempore of the senate, and shall otherwise comply with the provisions of section 49-443, Idaho Code.
2. In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee as specified in section 49-402, Idaho Code. All revenues from the initial program fee and the annual program fee shall be deposited in the state highway account.

§ 49-415. Former prisoner of war license plates.

1. Any veteran, who was a prisoner of war (POW) of an armed enemy of the United States during active service in the armed forces of the United States, that service occurring during any portion of a recognized war period enumerated in this section, and who has been released or discharged from the armed forces under other than dishonorable conditions, may upon application to the department, register and receive for not more than two (2) motor vehicles, special former prisoner of war license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
2. In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the plate fee required in section 49-450, Idaho Code. Whenever a former prisoner of war transfers or assigns his title or interest to a vehicle registered under this section the registration shall expire, but the former prisoner of war may hold the special plates and may have them transferred to another vehicle upon payment of the required transfer fee provided in section 49-431, Idaho Code. He may only display the plates after receipt of the new registration document from the department.
3. Former prisoner of war license plates shall bear the words “Former Prisoner of War” and a declaration of the period of service, and shall in all other respects be as provided by law.
4. Recognized war periods for the purpose of this section shall be any period of war recognized by the United States department of veterans affairs for the purpose of awarding federal veterans benefits as may be defined in title 38, U.S. code, chapter 1, section 101(11).
5. Former prisoner of war license plates may be retained and displayed on vehicles owned by the surviving spouse of a deceased former prisoner of war. In addition, the surviving spouse of the deceased former prisoner of war is eligible to reapply for and shall be issued former prisoner of war license plates if the deceased former prisoner of war died on or after January 1 of the five (5) years preceding the date of reapplication for the plates. Such plates shall be used on a vehicle owned by the surviving spouse.

§ 49-415A. Congressional medal of honor license plates.

1. Congressional medal of honor license plates are available to applicants who furnish proof of entitlement by certification from the United States Veterans Administration attesting to their status as a congressional medal of honor recipient.
2. The license plates shall be provided free of charge. The applicant shall pay the regular annual registration fees required by section 49-402 or 49-434(1), Idaho Code. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. If the plate holder transfers his title or interest to a vehicle registered under this section, the plates may be transferred to another vehicle owned by the plate holder. If the plates are unexpired, the plate holder shall be given credit for the unexpired portion of the registration fee against the new registration fee. The transfer fee specified by section 49-431(1), Idaho Code, shall apply.
3. These provisions shall apply to the vehicle to which the plates were originally issued and to any vehicle subsequently purchased and owned by the medal of honor recipient, except that the privilege shall not extend to more than two (2) vehicles at a time.
4. Congressional medal of honor license plates may be retained and displayed on vehicles owned by the surviving spouse of a deceased congressional medal of honor recipient. In addition, the surviving spouse of a deceased congressional medal of honor recipient is eligible to reapply for and shall be issued congressional medal of honor license plates if the deceased congressional medal of honor recipient died on or after January 1 of the five (5) years preceding the date of reapplication for the plates. Such plates shall be used on a vehicle owned by the surviving spouse.

§ 49-415B. Pearl Harbor survivor special plates.

1. Any veteran who was on active duty in the armed forces of the United States and assigned or stationed at Pearl Harbor, Hawaii, or within three (3) miles of the island of Oahu on December 7, 1941, and who has been released or discharged from the armed forces under other than dishonorable conditions, may upon application to the department, register and receive for not more than two (2) motor vehicles, special Pearl Harbor survivor number plates in lieu of regular number plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
2. In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall be charged the plate fee required in section 49-450, Idaho Code. Whenever a qualifying survivor of the Japanese attack on Pearl Harbor on December 7, 1941, transfers or assigns his title or interest to a vehicle especially registered under this section, the registration shall expire, but the Pearl Harbor survivor may hold his special plates which he may have reissued to him upon the payment of the required transfer fees. He may only display those plates after receipt of a new registration from the department.
3. Pearl Harbor survivor plates shall bear the characters: “Pearl Harbor Survivor” and shall in all other respects be as provided by law.
4. Pearl Harbor survivor license plates may be retained and displayed on vehicles owned by the surviving spouse of a deceased Pearl Harbor survivor veteran. In addition, the surviving spouse of a deceased Pearl Harbor survivor veteran is eligible to reapply for and shall be issued Pearl Harbor survivor license plates if the deceased Pearl Harbor survivor veteran died on or after January 1 of the five (5) years preceding the date of reapplication for the plates. Such plates shall be used on a vehicle owned by the surviving spouse.

§ 49-415C. National rifle association license plates. [Repealed.]

Repealed by S.L. 2017, ch. 233, § 2, effective July 1, 2017.

§ 49-415D. Support our troops plates.

1. On and after January 1, 2008, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive support our troops license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of support our troops license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
2. In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer for deposit to the Idaho support our troops, inc.’s principal office located in Boise, Idaho, and shall be used by the Idaho support our troops, inc. as administrator of the funds, to provide support and assistance to the children, dependents and spouses of military service members and armed forces members of the army, navy, air force, marine corps, national guard, coast guard and air national guard and reserves.
3. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
4. The support our troops license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The design and any slogan on the plate shall be acceptable to the board of directors of the Idaho support our troops, inc. and shall be approved by the Idaho transportation department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho support our troops, inc.
5. Sample support our troops license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho support our troops, inc.’s principal office located in Boise, Idaho, and shall be used to provide support and assistance to the children, dependents and spouses of military service members and armed forces members of the army, navy, air force, marine corps, national guard, coast guard and air national guard and reserves.

§ 49-415E. Idaho 2009 special olympics world winter games plates. [Repealed.]

Repealed by S.L. 2017, ch. 233, § 3, effective July 1, 2017.

§ 49-415F. [Reserved.]

1. Any person or business who is the owner of a trailer or semitrailer registered under the provisions of subsection (4)(a) of section 49-434, Idaho Code, may apply for and, upon department approval, may receive a special permanent or business logo license plate of the owner’s company.
2. In addition to the registration fee required in section 49-434(4)(a), Idaho Code, an applicant for a business logo plate shall pay the estimated initial programming costs, which fees shall be deposited in the state highway account. The business logo plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code, and acceptable to the owner or business and shall be approved by the department and utilize a numbering system as determined by the department.
3. Whenever title or interest in a trailer or semitrailer registered under the provisions of this section is transferred or reassigned, the plates issued pursuant to subsection (4)(a) of section 49-434, Idaho Code, are nontransferable and the registration fee is nonrefundable.
4. The north America permanent trailer plate program shall be subject to the provisions of section 49-402C, Idaho Code.
5. Any specific business logo plate program created under this section shall be discontinued if no plates are issued under the program for two (2) consecutive years after the year of implementation.
6. Sample special permanent or business logo license plates may be purchased for a fee of thirty dollars ($30.00), which shall be placed in the state highway account.

§ 49-416. Statehood centennial license plates.

1. Statehood centennial license plates are available to owners of motor vehicles required to be registered under section 49-402(1) or section 49-434(1), Idaho Code, upon application at a county assessor’s office or at the department. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of statehood centennial plates for other classes of vehicle registrations shall be as authorized by rule of the department. In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee and the annual program fee as specified in section 49-402, Idaho Code. All revenues from such initial registration and annual renewal fees shall be deposited in the highway distribution account.
2. The statehood centennial license plates shall be of a color and design approved by the department, utilizing a numbering system approved by the board. The statehood centennial license plates must be surrendered upon failure to pay the annual special fee and renewal fees.
3. Any person who applies for statehood centennial license plates, may also apply for personalized numbers and/or letters on those plates, as provided for in section 49-409, Idaho Code.

§ 49-416A. Historic Lewiston plates. [Repealed.]

Repealed by S.L. 2017, ch. 233, § 4, effective July 1, 2017.

§ 49-416B. Basque plates. [Repealed.]

Repealed by S.L. 2017, ch. 233, § 5, effective July 1, 2017.

§ 49-416C. Innovation plates. [Repealed.]

Repealed by S.L. 2017, ch. 233, § 6, effective July 1, 2017.

§ 49-416D. Idaho state historic preservation plates. [Repealed.]

Repealed by S.L. 2017, ch. 233, § 7, effective July 1, 2017.

§ 49-416E. Breast cancer education and screening plates. [Repealed.]

Repealed by S.L. 2017, ch. 233, § 8, effective July 1, 2017.

§ 49-417. Idaho wildlife special plates.

1. Any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for any one (1) of three (3) Idaho wildlife special license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
2. In addition to the regular operating fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited by the state treasurer in the fish and game set-aside account pursuant to section 36-111, Idaho Code, for use in the nongame wildlife program. This fee shall be treated as a contribution to the nongame wildlife program, and shall not be considered a motor vehicle registration fee as described in section 17, article VII, of the constitution of the state of Idaho.
   1. The fish and game commission shall designate one dollar and twenty-five cents ($1.25) of each initial fee and seventy-five cents (75¢) of each renewal fee from the elk wildlife special plate to the department of fish and game’s wildlife disease laboratory program to be used for testing, surveillance and detection of diseases that may affect wildlife including, but not limited to, chronic wasting disease.
   2. The state controller shall annually, by August 1 of each year, transfer an amount equivalent to one dollar and twenty-five cents ($1.25) of each initial elk wildlife special plate and seventy-five cents (75¢) of each renewal elk wildlife special plate sold in the prior fiscal year from the fish and game set-aside account to the department of agriculture’s livestock disease control fund to be used for testing, surveillance and detection of wildlife diseases and domestic livestock diseases that may affect wildlife including, but not limited to, brucellosis and chronic wasting disease.
   3. The state controller shall annually, by August 1 of each year, transfer an amount equivalent to two dollars and fifty cents ($2.50) of each initial cutthroat wildlife special plate and one dollar and twenty-five cents ($1.25) of each renewal cutthroat wildlife plate sold in the prior fiscal year from the fish and game set-aside account to the department of parks and recreation fund [park and recreation fund] established in section 67-4225, Idaho Code, for the construction and maintenance of nonmotorized boating access facilities for anglers.
3. Each Idaho wildlife license plate shall be of a color and design acceptable to the board of directors of the Idaho fish and wildlife foundation and approved by the department, utilizing a numbering system as determined by the department. The Idaho fish and wildlife foundation is authorized to design more than one (1) wildlife plate, but the department may not allow more than three (3) different designs to be in use at any one (1) time. Initial costs of the plate program including costs of plate design shall be paid by the Idaho fish and wildlife foundation. (4) Sample Idaho wildlife plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account to be used to fund the cost of administration of this special license plate program. Twenty dollars ($20.00) of the purchase fee shall be deposited in the fish and game set-aside account pursuant to section 36-111, Idaho Code, for use in the nongame wildlife program.

Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. He may only display the plates after receipt of new registration from the department.

§ 49-417A. Idaho timber special plates.

1. Any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for Idaho timber special license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.
2. In addition to the regular operating fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be deposited by the state treasurer in the department of lands fund for use in reforestation activities on state lands, provided however, that prior to the beginning of any fiscal year, the state board of land commissioners may agree that funds made available under this section to the department of lands for the coming year would better further reforestation objectives of the management and conservation of forest resources on public and private lands in the state if expended for educational efforts set forth in this section.
3. The Idaho timber license plate shall be of a color and design acceptable to the members of the Idaho forest products commission and approved by the department, utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the director of the department of lands from funds appropriated to that department.
4. Sample Idaho timber plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be deposited in the department of lands fund for use in reforestation activities or educational efforts as set forth in this section.
5. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee of each timber special license plate, and twenty dollars ($20.00) for each sample timber special license plate, shall be deposited with the state treasurer and credited to the department of lands. Funds so deposited and subsequently directed by the state board of land commissioners for educational efforts as set forth in this section shall be expended as agreed by the state board of land commissioners upon recommendations developed jointly by the department of lands and the Idaho forest products commission. Such efforts may include signs or other appropriate means designed to help build public understanding of reforestation or the management and conservation of forest resources on public and private lands in Idaho.

Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. He may only display the plates after receipt of new registration from the department.

§ 49-417B. Idaho agriculture plates.

1. On and after January 1, 2000, any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for Idaho agriculture plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho agriculture plates for other vehicles may be authorized by rule of the board.
2. In addition to the regular operating fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of the administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by warrant on a monthly basis by the Idaho transportation department to Idaho ag in the classroom created by the provisions of section 57-815, Idaho Code.
3. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates after receipt of new registration from the department.
4. The Idaho agriculture license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. That portion of the design which features Idaho agriculture shall be acceptable to the Food Producers of Idaho, Inc. and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including the cost of plate design, shall be paid from the ag in the classroom account.
5. Sample Idaho agriculture plates may be purchased from the department for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred by warrant on a monthly basis by the Idaho transportation department to Idaho ag in the classroom.

§ 49-417C. Famous potatoes license plates.

1. On and after January 1, 2001, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special famous potatoes license plates in lieu of regular license plates. Availability of famous potatoes license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
2. In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the Idaho potato commission created in chapter 12, title 22, Idaho Code, and shall be used exclusively for the purposes described in subsection (17) of section 22-1207, Idaho Code.
3. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
4. The famous potatoes license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The distinguishing feature of the license plate shall be a representation of a prepared Idaho potato with a melting pat of butter. The design and any slogan on the plate shall be acceptable to the Idaho potato commission and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho potato commission.
5. Sample famous potatoes license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho potato commission. No additional fee shall be charged for personalizing sample plates.

§ 49-417D. Idaho rangeland plates.

1. On and after January 1, 2009, any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for Idaho rangeland plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho rangeland plates for other vehicles may be authorized by rule of the board.
2. In addition to the regular registration fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of the administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to an Idaho rangeland resource commission account provided in section 58-1415, Idaho Code.
3. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates after receipt of new registration from the department.
4. The Idaho rangeland license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. That portion of the design which features Idaho rangelands shall be acceptable to the Idaho rangeland resource commission and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including the cost of plate design, shall be paid from the Idaho rangeland resource commission account.
5. Sample Idaho rangeland plates may be purchased from the department for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho rangeland resource commission account.

§ 49-417E. Natural resources and mining education plates. [Repealed.]

Repealed by S.L. 2017, ch. 233, § 9, effective July 1, 2017.

§ 49-418. Veterans plates.

1. Any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for and upon department approval receive special veterans license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of veterans plates for other vehicles shall be subject to the rules, policies and procedures of the department.
2. Proof of being a current or former member of the United States armed forces must be furnished to the department before special veterans plates will be issued. Acceptable proof shall be a copy of form DD214 or an equivalent document or statement from the department of veterans affairs.
3. In addition to the regular registration fees required in section 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial program fee of twenty-five dollars ($25.00) and the annual program fee of fifteen dollars ($15.00) as specified in section 49-402, Idaho Code, and the plate fee specified in section 49-450, Idaho Code. Ten dollars ($10.00) of the initial program fee and ten dollars ($10.00) of the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Fifteen dollars ($15.00) of the initial program fee and five dollars ($5.00) of the annual program fee shall be deposited to the veterans cemetery maintenance fund created in section 65-107, Idaho Code, and shall be used to operate and maintain a state veterans cemetery.
4. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
5. The veterans license plate design shall include the colors red, white and blue, shall designate one (1) of the five (5) branches of military service, and display either:
   1. The word “VETERAN”;
   2. The name of a conflict or war period recognized by the United States department of veterans affairs for the purpose of awarding federal veterans benefits as defined in 38 U.S.C. 101(11); or
   3. For a current or former member of the United States armed forces who has served in Afghanistan or Iraq during the post 9/11 global operations period, as defined in 38 U.S.C. 4110A(c), the name of the post 9/11 global operations theater.

The license plate design shall comply with all applicable rules of the department and shall include a separate and distinct numbering system. The design, color, and numbering system shall be subject to approval of the department.

§ 49-418A. Idaho college and university plates.

1. Any person who is the owner of a vehicle registered under the provisions of section 49-402 or 49-434(1), Idaho Code, may apply for special plates featuring one (1) of Idaho’s colleges or universities. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho college and university special license plates for other vehicles may be authorized by rule of the board.
2. In addition to the regular operating fee, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account to be used by the department to fund highway, road and bridge construction projects and to fund the cost of administration of this special license plate program. The department shall transfer twenty-five dollars ($25.00) of the initial fee and fifteen dollars ($15.00) of the renewal fee for deposit to the institution designated on the license plate.
3. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates after receipt of new registration from the department.
4. All special college and university plates shall be of a color and design comparable to the standard issue of license plates with blue numerals on a red, white and blue background and shall indicate the participating institution.
   1. The standard red, white and blue graphic shall be used, except that the word “Idaho” and “Famous Potatoes” shall appear on every plate, the identification of county shall be omitted, and the inscription “Scenic Idaho” may be omitted.
   2. Each college or university that chooses to participate in this program shall provide that portion of the design which features the particular institution and such design shall be acceptable to the president of the institution. For public colleges and universities, approval of the state board of education and board of regents of the university of Idaho shall also be required.
5. The state board of education and board of regents of the university of Idaho shall adopt rules to account for receipt and distribution of revenues accruing to participating public colleges and universities from the special license plate program. Revenues from the special plate program shall be used to:
   1. Fund scholarships for Idaho residents attending that college or university.
   2. Match funds contributed in equal amounts from nonstate sources for academic programs, provided that such expenditures for public colleges and universities shall be subject to prior approval by the state board of education and board of regents of the university of Idaho.
6. For the purposes of this section, nonpublic colleges and universities shall mean and are limited to: The College of Idaho located in Caldwell, Idaho; Northwest Nazarene University located in Nampa, Idaho; and Brigham Young University-Idaho located in Rexburg, Idaho. (7) Sample college and university license plates may be purchased from the department for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be retained by the department for deposit to the state highway account and twenty dollars ($20.00) of which shall be transferred by the department to the college or university designated on the license plate. No additional fee shall be charged for personalizing sample plates.

Each version of the special college and university plate featuring the participating college or university shall be approved by the department, utilizing a numbering system as determined by the department. Initial costs of the plate program, including the cost of plate design, shall be paid by the participating college or university.

§ 49-418B. Idaho youth plates.

1. On or after January 1, 2000, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and upon department approval receive special Idaho youth license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. Availability of Idaho youth plates for other vehicles shall be subject to the rules, policies and procedures of the department.
2. In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of the plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of the administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the county assessor’s motor vehicle registration division of each county into the youth programs fund of the sheriff of that county, for use in implementation of prevention and early intervention programs for Idaho’s at-risk youth including, but not limited to: (a) providing mentoring programs, (b) creating safe places and structured activities in nonschool hours, (c) fostering good health, (d) developing effective education opportunities for marketable career skills, and (e) providing an opportunity for youth to give back to their community.
3. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
4. The Idaho youth license plate shall be of a color and design comparable to the standard issue of license plates with blue numerals on a red, white and blue background, except that the word “Idaho” shall appear on each plate and the county designator shall be omitted to provide for distinguishing designs and slogans, acceptable to the Idaho association of counties, to be added to the plate. The design shall be approved by the department and shall utilize a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho association of counties.
5. Sample Idaho youth license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be deposited in the sheriff’s youth program fund of the county where the plate was purchased for the implementation of youth programs for at-risk youth. No additional fee shall be charged for personalizing sample plates.

§ 49-418C. Firefighters license plates.

1. On and after January 1, 2001, any person who is the owner of a vehicle registered under the provisions of section 49-402, Idaho Code, or registered under any other section of law for which the purchase of special plates is allowed, may apply for and, upon department approval, receive special firefighters license plates in lieu of regular license plates. Availability of firefighters license plates for other vehicles shall be subject to the rules, policies and procedures of the department.
2. In addition to the regular registration fee required in chapter 4, title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dollars ($35.00) for the initial issuance of plates, and twenty-five dollars ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special license plate program. Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00) of each renewal fee shall be transferred by the state treasurer to the Idaho fire chiefs association in Boise, Idaho, and shall be used exclusively for the fire safety education of firefighters, fire chiefs and the general public.
3. Whenever title or interest in a vehicle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plates to another vehicle upon payment of the required transfer fees. The owner may only display the plates on another vehicle upon receipt of the new registration from the department.
4. The firefighters license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. The distinguishing feature of the license plate shall be a representation of firefighters in action. The design and any slogan on the plate shall be acceptable to the Idaho fire chiefs association and shall be approved by the department utilizing a numbering system as determined by the department. Initial costs of the plate program, including costs of plate design, shall be paid by the Idaho fire chiefs association.
5. Sample firefighters license plates may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be deposited in the state highway account and twenty dollars ($20.00) of which shall be transferred to the Idaho fire chiefs association. No additional fee shall be charged for personalizing sample plates.

§ 49-418D. Military veteran motorcycle license plate.

1. On and after January 1, 2006, any person who is the owner of a motorcycle registered under the provisions of section 49-402, Idaho Code, may apply for and upon department approval receive a military veteran motorcycle license plate in lieu of a regular motorcycle license plate.
2. Proof of being a current or former member of the United States armed forces must be furnished to the department before a military veteran motorcycle plate will be issued. Acceptable proof shall be a copy of form DD214 or an equivalent document or statement from the department of veterans affairs.
3. In addition to the annual registration fee required in section 49-402(3), Idaho Code, the applicant shall be charged a fee of twenty-five dollars ($25.00) for the initial issuance of a plate, and fifteen dollars ($15.00) upon each succeeding annual registration. Ten dollars ($10.00) of the initial program fee and ten dollars ($10.00) of the annual program fee shall be deposited in the state highway account and shall be used to fund the cost of administration of this special motorcycle license plate program. Fifteen dollars ($15.00) of the initial program fee and five dollars ($5.00) of the annual program fee shall be deposited to the veterans cemetery maintenance fund created in section 65-107, Idaho Code, to operate and maintain a state veterans cemetery.
4. Whenever title or interest in a motorcycle registered under the provisions of this section is transferred or assigned, the owner may transfer the special plate to another motorcycle upon payment of the required transfer fees. The owner may only display the plate on another motorcycle upon receipt of the new registration from the department.
5. The military veteran motorcycle license plate shall be of a color and design in accordance with the provisions of section 49-402C, Idaho Code. In addition, there shall be no decals to indicate the veteran’s branch of service or the period of duty served; the plate shall display the words “Scenic Idaho” at the top and “Veteran” at the bottom of the plate; and the license plate design shall be approved by the department and any portion of the design which represents veterans shall be acceptable to the administrator of the Idaho division of veterans services and a unique numbering system shall be utilized by the department.