2005 Idaho Code - 49-102 — DEFINITIONS -- A

                                  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 upon or within the right-of-way of any
highway, for twenty-four (24) hours or longer.
    (2)  "Abandoned vehicle" means any vehicle observed by an authorized
officer or reported by a member of the public to have been left within the
limits of any highway or upon the property of another without the consent of
the property owner for a period of twenty-four (24) hours or longer, except
that a vehicle shall not be considered abandoned if its owner-operator is
unable to remove it from the place where it is located and has notified a law
enforcement agency and requested assistance.
    (3)  "Accident" means any event that results in an unintended injury or
property damage attributable directly or indirectly to the motion of a motor
vehicle or its load, a snowmobile or special mobile equipment.
    (4)  "Actual physical control" means being in the driver's position of a
motor vehicle with the motor running or the vehicle moving.
    (5)  "Administrator" means the federal highway administrator, the chief
executive of the federal highway administration, an agency within the U.S.
department of transportation.
    (6)  "Age of a motor vehicle" means the age determined by subtracting the
manufacturer's year designation of the vehicle from the year in which the
designated registration fee is paid. If the vehicle has the same
manufacturer's year designation as the year in which the fee is paid, or if a
vehicle has a manufacturer's year designation later than the year in which the
fee is paid, the vehicle shall be deemed to be one (1) year old.
    (7)  "Air-conditioning equipment" means mechanical vapor compression
refrigeration equipment which is used to cool the driver's or passenger
compartment of any motor vehicle.
    (8)  "Alcohol or alcoholic beverage" means:
    (a)  Beer as defined in 26 U.S.C. section 5052(a), of the Internal Revenue
    Code;
    (b)  Wine of not less than one-half of one percent (.005%) of alcohol by
    volume; or
    (c)  Distilled spirits as defined in section 5002(a)(8), of the Internal
    Revenue Code.
    (9)  "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.
    (10) "All-terrain vehicle" or "ATV" means any recreation vehicle with
three (3) or more tires, weighing under eight hundred fifty (850) pounds,
forty-eight (48) inches or less in width, having a wheelbase of sixty-one (61)
inches or less, traveling on low-pressure tires of ten (10) psi or less. Such
vehicles shall be registered under the provisions of section 49-402, Idaho
Code, for operation on public highways, unless exempted under the provisions
of section 49-426, Idaho Code.
    (11) "Amateur radio operator." (See "Radio operator, amateur," section
49-119, Idaho Code)
    (12) "Ambulance" means a motor vehicle designed and used primarily for the
transportation of injured, sick, or deceased persons, on stretchers, cots,
beds, or other devices for carrying persons in a prone position.
    (13) "Applicant" means an individual who applies to obtain, transfer,
upgrade, or renew a driver's license.
    (14) "Approved driver training course" means a training course from a
school licensed under the provisions of chapter 21 of this title.
    (15) "Approved testing agency" means a person, firm, association,
partnership or corporation approved by the director of the Idaho state police
which is:
    (a)  In the business of testing equipment and systems;
    (b)  Recognized by the director as being qualified and equipped to do
    experimental testing; and
    (c)  Not under the jurisdiction or control of any single manufacturer or
    supplier for an affected industry.
    (16) "Armed forces" means the army, navy, marine corps, coast guard and
the air force of the United States.
    (17) "Authorized emergency vehicle." (See "Vehicle," section 49-123, Idaho
Code)
    (18) "Authorized officer" means any member of the Idaho state police, or
any regularly employed and salaried deputy sheriff, or other county employee
designated to perform the function of removing abandoned vehicles or junk
vehicles by the board of county commissioners of the county in which a vehicle
is located, or any regularly employed and salaried city peace officer or other
city employee designated to perform the function of removing abandoned
vehicles or junk vehicles by the city council, or a qualified person deputized
or appointed by the proper authority as reserve deputy sheriff or city
policeman, authorized within the jurisdiction in which the abandoned vehicle
or junk vehicle is located.
    (19) "Authorized transportation department employee" means any employee
appointed by the board to perform duties relating to enforcement of vehicle
laws as have been specifically defined and approved by order of the board (see
section 40-510, Idaho Code).
    (20) "Auto transporter" means a vehicle combination constructed for the
purpose of transporting vehicles.