T49CH1
Title 49 > T49CH1
Sections (22)
49-101
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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. History: [49-101, added 1988, ch. 265, sec. 2, p. 550.]
49-102
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 49-102. Definitions — A. (1) Abandon means to leave a vehicle on private property without the permission of the person having rights to the possession of the property, or on a highway or other property open to the public for the purposes of vehicular traffic or parking, or on 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 on 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: (a) Agricultural, horticultural, floricultural and viticultural products; (b) Fruits and vegetable products; (c) Field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant by-products, plant waste and plant compost; (d) Livestock, dairy animals, swine, furbearing animals, poultry, eggs, fish and other aquatic species; (e) Other animals, animal products and animal by-products, animal waste and animal compost; and (f) Bees, bee products and bee by-products. (8) Air-conditioning equipment means mechanical vapor compression refrigeration equipment that is used to cool the driver’s or passenger’s compartment of any motor vehicle. (9) Alcohol or alcoholic beverage means: (a) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code; (b) Wine of not less than one-half of a percent (0.5%) of alcohol by volume; or (c) Distilled spirits as defined in 26 U.S.C. 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-ter
49-103
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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: (a) A representative or an agent or employee of a representative; (b) A distributor, agent or employee of a distributor; or (c) 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) History: [49-103, added 1988, ch. 265, sec. 2, p. 552; am. 1989, ch. 408, sec. 1, p. 996; am. 1991, ch. 272, sec. 1, p. 686; am. 2018, ch. 324, sec. 2, p. 754.]
49-104
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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 tre
49-105
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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 promotin
49-106
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 49-106. Definitions — E. (1) Electric-assisted bicycle means a bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts and that meets one (1) of the following requirements: (a) Class 1 electric-assisted bicycle means an 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. (b) 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. (c) 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
49-107
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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 deal
49-108
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 49-108. Definitions — G. (1) Good cause means the failure of a dealer to comply with reasonable performance criteria established by a manufacturer, if the dealer was apprised by the manufacturer, in writing, of that failure; and (a) The notification stated that notice was provided of failure of performance; (b) The dealer was afforded a reasonable opportunity, for a period of not less than six (6) months, to comply with the criteria; and (c) 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. History: [49-108, added 1988, ch. 265, sec. 2, p. 557; am. 1989, ch. 88, sec. 6, p.161; am. 1992, ch. 268, sec. 1, p. 829; am. 1998, ch. 110, sec. 7, p. 386.]
49-109
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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. (a) Arterial. Any highway designated by the local authority as part of a major arterial system of highways within its jurisdiction. (b) 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. (c) 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. History: [49-109, added 1988, ch. 265, sec. 2, p. 557; am. 1990, ch. 45, sec. 5, p. 78; am. 1994, ch. 264, sec. 1, p. 814; am. 2006, ch. 164, sec. 1, p. 489; am. 2019, ch. 213, sec. 6, p. 646.]
49-110
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 49-110. Definitions — I. (1) Identifying number means: (a) Motor number. That identifying number stamped on the engine of a vehicle. (b) Vehicle identification number. The numbers and letters, if any, placed on a vehicle by the manufacturer for the purpose of identifying the 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 : (a) Class A, B or C instruction permit. (See Commercial learner’s permit, section 49-104 , Idaho Code) (b) 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 1/2) 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. (c) 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 actua
49-111
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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. History: [49-111, added 1988, ch. 265, sec. 2, p. 559.]
49-113
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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: (a) Any temporary license or instruction permit; (b) Any nonresident’s operating privilege; (c) 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. History: [49-113, added 1988, ch. 265, sec. 2, p. 560; am. 1989, ch. 88, sec. 7, p. 162; am. 1990, ch. 45, sec. 6, p, 80; am. 1992, ch. 115, sec. 2, p. 349; am. 1994, ch. 321, sec. 1, p. 1025; am. 1998, ch. 393, sec. 2, p. 1235.]
49-114
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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: (a) 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 (b) 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. A moped does not include an electric-assisted bicycle. (10) Motorbike means a vehicle as defined in section 67-
49-115
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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: (a) To an individual domiciled in a foreign country meeting the requirements of 49 CFR 383.23(b)(1); or (b) 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. History: [49-115, added 1988, ch. 265, sec. 2, p. 561; am. 1989, ch. 88, sec. 8, p. 162; am. 1990, ch. 45, sec. 7, p. 80; am. 2005, ch. 183, sec. 2, p. 562; am. 2007, ch. 20, sec. 1, p. 31; am. 2015, ch. 54, sec. 3, p. 130.]
49-116
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 49-116. Definitions — O. (1) Off-highway vehicle or OHV means an off-highway vehicle as defined in section 67-7101 , Idaho Code. (2) Operator means every person who is in actual physical control of a motor vehicle upon a highway or private property open to public use. (3) 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 386.72, 392.5, 395.13, or 396.9, or compatible laws, or to the North American uniform out-of-service criteria. (4) 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. History: [49-116, added 1988, ch. 265, sec. 2, p. 562; am. 1989, ch. 88, sec. 9, p. 163; am. 1990, ch. 45, sec. 8, p. 81; am. 1996, ch. 371, sec. 2, p. 1250; am. 1998, ch. 110, sec. 8, p. 387; am. 2021, ch. 171, sec. 1, p. 476.]
49-117
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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 fewer 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)(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. (b) Person with a disability means: (i) A person who is unable to walk two hundred (200) feet or more unassisted by another person; (ii) 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 (iii) 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. (iv) 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, crosswalks, and the sides or berms of highways and is intended primarily to transport property; weighs less than five hundred fifty (550) pounds, excluding cargo; operates at a maximum speed of ten (10) miles per hour when on sidewalks; and is equipped with technology to allow for operation of the device with or without the acti
49-119
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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 pickup 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 thirty (30) days, excluding a full-time student who is a resident of another state. However, any driver’s license or identification card issued to a person who has been domiciled in Idaho for less than thirty (30) days may not be used for identification for the purpose of voting. The department may title or register a vehicle to a person who has an Idaho driver’s license or identification card and has been domiciled in Idaho for less than thirty (30) days. 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
49-120
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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: (a) Without obtaining a commercial driver’s license; or (b) Without having a commercial driver’s license in the driver’s possession; or (c) 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) Service-only facility means a customer-facing or noncustomer-facing facility operated by a licensed dealer within the dealer’s relevant market area where the dealer performs any repairs or performs any other services on motor vehicles but does not engage in the sale, lease, trade, or display of new or used mot
49-121
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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: (a) Metal. Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material. (b) Pneumatic. Every tire in which compressed air is designed to support the load. (c) Snow tire. Every rubber tire with tread design or material embedded in the tire to improve winter traction except studded tires. (d) Solid rubber. Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. (e) 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: (a) General. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle. (b) 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. (c) Fold down camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls,
49-122
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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. History: [49-122, added 1988, ch. 265, sec. 2, p. 568; am. 1989, ch. 88, sec. 12, p. 166; am. 1989, ch. 318, sec. 1, p. 817; am. 2000, ch. 418, sec. 4, p. 1335; am. 2006, ch. 42, sec. 5, p. 128; am. 2009, ch. 157, sec. 4, p. 462; am. 2011, ch. 158, sec. 2, p. 445.]
49-123
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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) (a) 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. (b) 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: (a) 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. (b) 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. (c) 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 a wildland fire agency or association while responding to a wildland urban interface fire, vehicles belonging to or operated by EMS personnel certified or otherwise recognized by the Idaho military division 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. (d) 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: (i) 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
49-124
TITLE 49 MOTOR VEHICLES CHAPTER 1 DEFINITIONS 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. History: [49-124, added 1988, ch. 265, sec. 2, p. 570; am. 1989, ch. 310, sec. 7, p. 779; am. 2005, ch. 83, sec. 2, p. 298.]