T49CH3

Title 49 > T49CH3

Sections (38)

49-301

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) Without obtaining a commercial driver’s license. (b) Without having the appropriate class A, B or C commercial driver’s license in the operator’s possession. (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. (d) Unless the operator has a seasonal or class A, B or C driver’s license with required endorsements in his possession. (e) 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 de

49-302

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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 that is: (a) Controlled and operated by a farmer, including operation by employees or family members; and (b) Used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and (c) Not used in the operations of a common or contract motor carrier; and (d) 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 that 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 that 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 pursuant to section 49-307 (10), 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 th

49-303

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 49-303. which 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, shall 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, who 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 pursuant to section 49-307 (10), Idaho Code, and with full privileges at sixteen (16) years of age. 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 fo

49-303A

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) Has received a high school diploma, a high school equivalency diploma, a special diploma or a certificate of high school completion; (b) Is enrolled in a public or private school and satisfies relevant attendance requirements; (c) Is enrolled in a study course in preparation for a test of general educational development and satisfies relevant attendance requirements; (d) 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; (e) Is enrolled in an accredited college or university; (f) Is enrolled in a postsecondary vocational program or a postsecondary adult vocational program and satisfying relevant attendance requirements; (g) Is enrolled in a job training program pursuant to state or federal law and satisfying relevant attendance requirements; or (h) Is enrolled in other educational activities approved by the board of trustees of the school district and satisfying relevant attendance requirements. (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. (b) Schools may implement interventions designed to improve student attendance with their district policies and procedures. (c) 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

49-304

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) 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. (b) 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. History: [49-304, added 1994, ch. 234, sec. 5, p. 735; am. 1998, ch. 110, sec. 15, p. 397; am. 2002, ch. 355, sec. 2, p. 1012; am. 2005, ch. 25, sec. 56, p. 103; am. 2008, ch. 18, sec. 2, p. 26; am. 2009, ch. 30, sec. 7, p. 84; am. 2015, ch. 230, sec. 3, p. 725; am. 2016, ch. 25, sec. 40, p. 57.]

49-305

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 49-305. Instruction permits — commercial learner’s permit — conditional 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. Applicants, while in immediate possession of a commercial learner’s permit, may drive a motor vehicle on the highways for a period of up to one (1) year. Applicants with a class D instruction permit may drive a motor vehicle on the highways for a period of up to one (1) year or as provided in paragraph (b) of this subsection 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. (a) 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. (b) 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. (c) 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. (d) The department shall not issue a hazardous material endorsement on any commercial learner’s permit. (2) The department may, at its discretion, issue a conditional 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 conditional license may be canceled at the department’s discretion at any time after issuance. The conditional 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) Proof of identity and citizenship status pursuant to section 49-306 (5)(d), Idaho Code, shall be required

49-306

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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 driver’s license shall be made on 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. (2) Every application for a permit, extension, driver’s license, or knowledge test shall be accompanied by a nonrefundable fee pursuant to this subsection. Fee portions identified as going to the current expense fund shall be retained by the issuing entity. If the issuing entity is the department or an agent authorized by the department, other than the county, such fee portion shall be deposited in the state highway account. All other remaining fee portions shall be remitted to the state treasurer. If the fee is collected by a county, all remaining fee portions shall be paid over to the county treasurer and the county treasurer shall remit such fees to the state treasurer not less than monthly. The state treasurer shall immediately allocate such fees in accordance with the schedule identified following each fee: (a) Class A, B, C (4-year) license with endorsements — age 21 years and older (i) $5.00tothecurrentexpensefund;(ii)$2.00 to the emergency medical services fund established in section 57-829 , Idaho Code; (iii) $4.00totheemergencymedicalservicesvehicleandequipmentgrantfundestablishedinsection57-830,IdahoCode;(iv)$28.00 to the state highway account; and (v) $1.00tothemotorcyclesafetyprogramfund;(b)ClassA,B,C(8-year)licensewithendorsements—age21to63years(i)$5.00 to the current expense fund; (ii) $4.00totheemergencymedicalservicesfundestablishedinsection57-829,IdahoCode;(iii)$8.00 to the emergency medical services vehicle and equipment grant fund established in section 57-830 , Idaho Code; (iv) $41.00tothestatehighwayaccount;and(v)$2.00 to the motorcycle safety program fund; (c) Class A, B, C (3-year) license with endorsements — age 18 to 21 years (i) $5.00tothecurrentexpensefund;(ii)$1.50 to the emergency medical services fund established in section 57-829 , Idaho Code; (iii) $3.00totheemergencymedicalservicesvehicleandequipmentgrantfundestablishedinsection57-830,IdahoCode;(iv)$19.50 to the state highway account; and (v) $1.00tothemotorcyclesafetyprogramfund;(d)ClassA,B,C(1-year)licensewithendorsements—age20years(i)$5.00 to the current expense fund; (ii) $0.50totheemergencymedicalservicesfundestablishedinsection57-829,IdahoCode;(iii)$1.00 to the emergency medical services vehicle and equipment gran

49-307

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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),exceptthatapupilwhoparticipatesinparent-studenton-roaddriver’strainingpursuanttosubsection(6)ofthissectionshallpayanonrefundablefeeoftendollars($10.00). Five dollars ($5.00)ofeachfeesoimposedshallbedepositedinthestatehighwayaccountandfivedollars($5.00) shall be deposited in the county current expense fund. The additional five dollars ($5.00)foreveryclassDdriver’strainingcourseenrolleeshallbe:(a)Depositedinthedrivertrainingaccountifthepersonistakingdriver’strainingfromapublicschool;or(b)Paidtothedivisionofoccupationalandprofessionallicensesanddepositedinthestatetreasurytothecreditoftheoccupationallicensesfundifthepersonistakingdriver’strainingfromaprivatedriver’strainingprogram.Theamounttoberemittedtothedivisionofoccupationalandprofessionallicensesshallbeannuallycalculatedandpaid.Tocalculatesuchamount,thetotalnumberofpublicdriver’strainingstudentsassubmittedtothestatedepartmentofeducationshallbesubtractedfromthetotalnumberofpermitssoldasreportedbytheIdahotransportationdepartment,andtheresultingnumbershallbemultipliedbyfivedollars($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 or another government-issued identity document and documentation to establish the applicant’s relationship to a person who is willing to assume responsibility for such applicant 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 1/2) years of age through seventeen and one-half (17 1/2) 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 s

49-307A

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) The minor resides in an Idaho school district with a population of less than one hundred fifty (150) people; (b) 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 (c) 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. History: [49-307A, added 2002, ch. 235, sec. 4, p. 703.]

49-308

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-308, added 1988, ch. 265, sec. 42, p. 593.]

49-310

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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

49-311

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-311, added 1988, ch. 265, sec. 45, p. 595; am. 1989, ch. 88, sec. 23, p. 177.]

49-312

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 49-312. Death of person signing application for person under eighteen years of age. The department, upon receipt of satisfactory evidence of the death of the person(s) who signed the application of a person under the age of eighteen (18) years for a driver’s license, shall cancel the driver’s license and shall not issue a new driver’s license until a new application, duly signed and verified, is made. This provision shall not apply in the event the licensee has attained the age of eighteen (18) years. History: [49-312, added 1988, ch. 265, sec. 46, p. 595; am. 1989, ch. 88, sec. 24, p. 177.]

49-313

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) 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. (b) A passenger endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge and skills test. (c) 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 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)

49-314

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-314, added 1988, ch. 265, sec. 48, p. 596; am. 1989, ch. 88, sec. 26, p. 178; am. 1990, ch. 45, sec. 20, p. 96; am. 1994, ch. 234, sec. 9, p. 742; am. 1997, ch. 357, sec. 3, p. 1058; am. 2009, ch. 30, sec. 9, p. 86; am. 2016, ch. 25, sec. 42, p. 59.]

49-315

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. Driver’s licenses for persons who are United States citizens shall, where possible, include the notation USA. (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

49-316

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 49-316. Driver’s license to be carried and exhibited on demand. Every licensee shall have his driver’s license in his immediate possession at all times when operating a motor vehicle and shall, upon demand, surrender the driver’s license into the hands of a peace officer for his inspection. However, no person charged with a violation of the provisions of this section shall be convicted if a driver’s license issued to the person and valid at the time of his arrest is produced in court. History: [49-316, added 1988, ch. 265, sec. 50, p. 597; am. 1989, ch. 88, sec. 28, p. 179.]

49-317

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) The type of or special mechanical control devices required or not permitted on a motor vehicle which the licensee may operate; (b) Medical variances as determined by the federal motor carrier safety administration; or (c) 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. History: [49-317, added 1988, ch. 265, sec. 51, p. 597, am. 1989, ch. 88, sec. 29, p. 179; am. 1992, ch. 115, sec. 13, p. 365; am. 2011, ch. 60, sec. 4, p. 133.]

49-318

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) Payment of the fee as provided in section 49-306 , Idaho Code; (b) 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 (c) 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 or another document that 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: (a) The person has a permanent disability; and (b) 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 (c) The department determines that the person meets the requirements for issuance of a permit or license as specified in section 49-313 , Idaho Code. History: [49-318, added 1988, ch. 265, sec. 52, p. 597; am. 1989, ch. 88, sec. 30, p. 180; am. 1990, ch. 45, sec. 21, p. 96; am. 1992, ch. 115, sec. 14, p. 365; am. 1993, ch. 300, sec. 5, p. 1113; am. 1995, ch. 339, sec. 4, p. 1126; am. 1996, ch. 371, sec. 10, p. 1262; am. 1998, ch. 110, sec. 21, p. 405; am. 1999, ch. 81, sec. 11, p. 253; am. 2001, ch. 332, sec. 3, p. 1169; am. 2002, ch. 235, sec. 7, p. 706; am. 2025, ch. 259, sec. 4, p. 1140.]

49-319

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) For drivers twenty-one (21) years of age or older, the driver’s license shall expire on the licensee’s birthday in the fourth year following the issuance of the driver’s license. (b) 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 on the licensee’s birthday in either the fourth year or the eighth year following the issuance of the driver’s license. (c) 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. (d) 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. (e) 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. Notwithstanding the provisions of this section, a person who has had his noncommercial Idaho driver’s license suspended may renew his driver’s license as provided in this section, which renewal shall be subject to the suspension. (2) Except for the provisions of subsection (3) of this section, at the option of the applicant, every commercial driver’s license issued to a person twenty-one (21) years of age through sixty-two (62) years of age shall expire on the licensee’s birthday in the fourth or eighth year following issuance of the license. 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. (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; however, 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’

49-320

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-320, added 1988, ch. 265, sec. 54, p. 599; am. 1989, ch. 88, sec. 32, p. 181; am. 1996, ch. 371, sec. 12, p. 1263; am. 1998, ch. 110, sec. 23, p. 406; am. 2000, ch. 304, sec. 1, p. 1036; am. 2003, ch. 157, sec. 2, p. 445.]

49-321

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) All applications denied and on each note the reason for denial; (b) All applications granted; (c) 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; (d) The driver’s license number for the applicant; (e) The social security number of the applicant; and (f) Record of the proof relied upon by the department in determining the applicant’s status as a United States citizen or non-United States citizen. (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. History: [49-321, added 1988, ch. 265, sec. 55, p. 599; am. 1989, ch. 88, sec. 33, p. 181; am. 1990, ch. 45, sec. 23, p. 98; am. 1990, ch. 213, sec. 69, p. 537; am. 1998, ch. 110, sec. 24, p. 407; am. 2000, ch. 52, sec. 2, p. 102; am. 2006, ch. 164, sec. 6, p. 494; am. 2011, ch. 60, sec. 5, p. 133; am. 2015, ch. 141, sec.

49-322

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 49-322. Authority of department to cancel and downgrade 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, that the licensee or permittee failed to give the required or correct information in his application, or that the licensee or permittee 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) The department shall remove and, when applicable, subsequently reinstate a driver’s commercial driving privileges upon receiving notification of a driver’s status change in the drug and alcohol clearinghouse. (6) 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. History: [49-322, added 1988, ch. 265, sec. 56, p. 600; am. 1989, ch. 88, sec. 34, p. 182; am.

49-323

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-323, added 1988, ch. 265, sec. 57, p. 600; am. 1989, ch. 88, sec. 35, p. 182; am. 1990, ch. 45, sec. 24, p. 98; am. 2006, ch. 164, sec. 7, p. 494.]

49-324

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-324, added 1988, ch. 265, sec. 58, p. 600; am. 1989, ch. 88, sec. 36, p. 182; am. 1990, ch. 45, sec. 25, p. 99; am. 1992, ch. 115, sec. 17, p. 367; am. 1998, ch. 110, sec. 25, p. 407; am. 2004, ch. 126, sec. 5, p. 433.]

49-325

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 49-325. Mandatory revocation by department — Temporary restricted permit. (1) The department shall revoke the operating privilege of any driver upon receiving a record of the person’s conviction of any of the following offenses, when the conviction has become final, if the court has not ordered the suspension or revocation of the privilege: (a) Vehicular manslaughter; (b) Any felony in the commission of which a motor vehicle is used, except that a court of competent jurisdiction shall have exclusive authority to suspend or revoke operating privileges upon conviction of a violation of the provisions of section 18-8004 or 18-8006 , Idaho Code; (c) Perjury or the making of a false affidavit or statement under oath to the department under any law relating to the ownership or operation of motor vehicles; (d) Conviction, or forfeiture of bail, upon three (3) charges of reckless driving committed within a period of twelve (12) months; (e) Conviction of a violation of the provisions of section 49-1301 , Idaho Code. Revocation in this event shall be for a period of not less than one (1) year. (2) Whenever any driver’s license, permit or operating privilege has been revoked by the department on the basis of subsections (1)(b) through (1)(e) of this section, the department may issue a temporary restricted permit, except when restricted operating privileges are specifically prohibited by other provisions of law. (a) A temporary restricted permit shall specify the restrictions as to time and area of use and any further restrictions as the department, in its discretion, may impose. (b) 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. History: [49-325, added 1988, ch. 265, sec. 59, p. 601; am. 1989, ch. 88, sec. 37, p. 183; am. 2005, ch. 352, sec. 7, p. 1106.]

49-326

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) Has committed an offense for which mandatory revocation, suspension or disqualification of license or privileges is required upon conviction, court order or administrative action; (b) 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; (c) 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 th

49-326A

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-326A, added 1998, ch. 152, sec. 3, p. 526; am. 2008, ch. 45, sec. 1, p. 118.]

49-328

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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)whichshallbedepositedinthestatehighwayaccount.(3)Adriver’slicenseshallnotbesuspendedforfailuretopayaninfractionpenalty.Alldriver’slicensessuspendedpriortoJuly1,2018,forfailuretopayaninfractionpenaltyshallbereinstateduponapplicationandwithoutchargetotheapplicant.(4)Inadditiontoanyotherfeesrequiredinthissectiontobecollected,thedepartmentshallcollectsixtydollars($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)shallbepaidovertothecountytreasurerofthecountyinwhichtheconvictionoccurredforsupportofthatcounty’sjusticefund,orthecurrentexpensefundifnocountyjusticefundhasbeenestablished,andthetwentydollars($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. History: [49-328, added 1988, ch. 265, sec. 62, p. 604; am. 1989, ch. 88, sec. 40, p. 185; am. 1990, ch. 45, sec. 27, p. 101; am. 1990, ch. 216, sec. 3, p. 582; am. 1990, ch. 432, sec. 2, p. 1198; am. 1992, ch. 115, sec. 20, p. 370; am. 1993, ch. 413, sec. 3, p. 1523; am. 1994, ch. 357, sec. 3, p. 1125; am. 1997, ch. 227, sec. 2, p. 665; am. 1997, ch. 238, sec. 5, p. 699; am. 199

49-329

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-329, added 1988, ch. 265, sec. 63, p. 604; am. 1989, ch. 88, sec. 41, p. 186.]

49-330

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-330, added 1988, ch. 265, sec. 64, p. 605; am. 1989, ch. 88, sec. 42, p. 186; am. 1990, ch. 45, sec. 28, p. 101; am. 1997, ch. 238, sec. 6, p. 700.]

49-331

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 49-331. Unlawful use of driver’s license. (1) It is a misdemeanor for any person: (a) To display or cause or permit to be displayed any mutilated or illegible, canceled, revoked, suspended, disqualified, fictitious, or fraudulently altered driver’s license or to have in his possession any driver’s license canceled pursuant to section 49-322 (1), Idaho Code; (b) To lend his driver’s license to any other person or knowingly permit the use of his driver’s license by another; (c) To display or represent as one’s own a driver’s license not issued to him; (d) To fail or refuse to surrender to the department, upon its lawful demand, any driver’s license that has been canceled pursuant to section 49-322 (1), Idaho Code; (e) To use a false or fictitious name in any application for a driver’s license, to knowingly make a false statement, or to knowingly conceal a material fact or otherwise commit a fraud in any application; (f) To permit any unlawful use of a driver’s license issued to him; or (g) 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. (2) In addition to the misdemeanor penalties that may be imposed for violation of the provisions of subsection (1) 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, and such conviction shall not be grounds for nonrenewal of any insurance policy as provided in section 41-2507 , Idaho Code. History: [49-331, added 1988, ch. 265, sec. 65, p. 605, am. 1989, ch. 88, sec. 43, p. 186; am. 1989, ch. 342, sec. 1, p. 866; am. 1990, ch. 45, sec. 29, p. 101; am. 1992, ch. 115, sec. 21, p. 370; am. 2000, ch. 327, sec. 4, p. 1104; am. 2022, ch. 72, sec. 2, p. 211.]

49-332

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-332, added 1988, ch. 265, sec. 66, p. 605.]

49-333

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-333, added 1988, ch. 265, sec. 67, p. 605.]

49-334

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-334, added 1988, ch. 265, sec. 68, p. 606, am. 1989, ch. 88, sec. 44, p. 187.]

49-335

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) Operating a motor vehicle while under the influence of alcohol or a controlled substance; (b) Operating a commercial motor vehicle while the alcohol concentration of the person’s blood, breath or bodily substance is 0.04 or more; (c) Leaving the scene of an accident involving a motor vehicle driven by the person; (d) Using a motor vehicle in the commission of any felony; (e) 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; (f) 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 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 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 who uses a commercial motor vehicle in the commission of a felony involving an act or practice of trafficking in persons, as described in 22 U.S.C. 7102 and chapter 86, title 18 , Idaho Code, is disqualified for the period of time speci

49-336

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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. History: [49-336, added 1989, ch. 88, sec. 45, p. 188; am. 1990, ch. 45, sec. 31, p. 104.]

49-337

TITLE 49 MOTOR VEHICLES CHAPTER 3 MOTOR VEHICLE DRIVER’S LICENSES 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: (a) 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 (b) In which the employee has more than one (1) driver’s license; or (c) 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)normorethantwenty-fivethousanddollars($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