2005 Idaho Code - 40-117 — DEFINITIONS -- P

                                  TITLE  40
                             HIGHWAYS AND BRIDGES
                                  CHAPTER 1
                                 DEFINITIONS
    40-117.  DEFINITIONS -- P. (1) "Person" includes every natural person,
firm, fiduciary, copartnership, association, corporation, trustee, receiver or
assignee for the benefit of creditors.
    (2)  "Place." (See "Maintain," section 40-114, Idaho Code)
    (3)  "Primary system" or "primary highway" means any portion of the
highways of the state, as officially designated, or as may hereafter be so
designated, by the Idaho transportation board, and approved by the secretary
of transportation, pursuant to the provisions of title 23, U.S. Code,
"Highways."
    (4)  "Public highway agency" means the state transportation department,
any city, county, highway district or other political subdivision of the state
with jurisdiction over public highway systems and public rights-of-way.
    (5)  "Public highways" means all highways open to public use in the state,
whether maintained by the state or by any county, highway district, city, or
other political subdivision. (Also see "Highways," section 40-109, Idaho Code)
    (6)  "Public right-of-way" means a right-of-way open to the public and
under the jurisdiction of a public highway agency, where the public highway
agency has no obligation to construct or maintain, but may expend funds for
the maintenance of, said public right-of-way or post traffic signs for
vehicular traffic on said public right-of-way. In addition, a public
right-of-way includes a right-of-way which was originally intended for
development as a highway and was accepted on behalf of the public by deed of
purchase, fee simple title, authorized easement, eminent domain, by plat,
prescriptive use, or abandonment of a highway pursuant to section 40-203,
Idaho Code, but shall not include federal land rights-of-way, as provided in
section 40-204A, Idaho Code, that resulted from the creation of a facility for
the transmission of water. Public rights-of-way shall not be considered
improved highways for the apportionment of funds from the highway distribution
account.
    (7)  "Public transportation services" means, but is not limited to, fixed
transit routes, scheduled or unscheduled transit services provided by motor
vehicle, bus, rail, van, aerial tramway and other modes of public conveyance;
paratransit service for the elderly and disabled; shuttle and commuter service
between cities, counties, health care facilities, employment centers,
educational institutions or park-and-ride locations; subscription van and car
pooling services; transportation services unique to social service programs;
and the management and administration thereof.

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