2005 Idaho Code - 49-105 — DEFINITIONS -- D

                                  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, snow machines or
motor scooters, travel trailers, all-terrain vehicles, utility type vehicles
or motor homes in any calendar year, either outright or on conditional sale,
bailment, lease, chattel mortgage, or otherwise, or who has an established
place of business for the sale, lease, trade, or display of these vehicles. No
insurance company, bank, finance company, public utilities company, or other
person coming into possession of any vehicle, as an incident to its regular
business, who shall sell that vehicle under any contractual rights  it may
have, shall be considered a dealer. See also "salvage pool," section 49-120,
Idaho Code.
    (2)  "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho
Code)
    (3)  "Department" means the Idaho transportation department acting
directly or through its duly authorized officers and agents, except in
chapters 6 and 9, title 49, Idaho Code, where the term means the Idaho state
police, except as otherwise specifically provided.
    (4)  "Designated family member" means the spouse, child, grandchild,
parent, brother or sister of the owner of a vehicle dealership who, in the
event of the owner's death, is entitled to inherit the ownership interest in
the dealership under the same terms of the owner's will, or who has been
nominated in any other written instrument, or who, in the case of an
incapacitated owner of a dealership, has been appointed by a court as the
legal representative of the dealer's property.
    (5)  "Director" means the director of the Idaho transportation department,
except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
director of the Idaho state police.
    (6)  "Disclose" means to engage in any practice or conduct to make
available and make known personal information contained in records of the
department about a person to any other person, organization or entity, by any
means of communication.
    (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
the department of commercial vehicle driving privileges.
    (8)  "Distributor" means any person, firm, association, corporation or
trust, resident or nonresident, who has a franchise from a manufacturer of
vehicles to distribute vehicles in this state, and who in whole or in part
sells or distributes new vehicles to dealers or who maintains distributor
representatives.
    (9)  "Distributor branch" means a branch office similarly maintained by a
distributor for the same purposes a factory branch is maintained.
    (10) "Distributor representative" means any person, firm, association,
corporation or trust, and each officer and employee thereof engaged as a
representative of a distributor or distributor branch of vehicles for the
purpose of making or promoting the sale of vehicles, or for supervising or
contacting dealers or prospective dealers.
    (11) "District" means:
    (a)  Business district. The territory contiguous to and including a
    highway when within any six hundred (600) feet along the highway there are
    buildings in use for business or industrial purposes, including hotels,
    banks or office buildings, railroad stations and public buildings which
    occupy at least three hundred (300) feet of frontage on one side or three
    hundred (300) feet collectively on both sides of the highway.
    (b)  Residential district. The territory contiguous to and including a
    highway not comprising a business district when the property on the
    highway for a distance of three hundred (300) feet or more is in the main
    improved with residences, or residences and buildings in use for business.
    (c)  Urban district. The territory contiguous to and including any highway
    which is built up with structures devoted to business, industry or
    dwelling houses. For purposes of establishing speed limits in accordance
    with the provisions of section 49-654, Idaho Code, no state highway or any
    portion thereof lying within the boundaries of an urban district is
    subject to the limitations which otherwise apply to nonstate highways
    within an urban district. Provided, this subsection shall not limit the
    authority of  the duly elected officials of an incorporated city acting as
    a local authority to decrease speed limits on state highways passing
    through any district within the incorporated city.
    (12) "Documented vessel" means a vessel having a valid marine document as
a vessel of the United States.
    (13) "Drag race" means the operation of two (2) or more vehicles from a
point side by side at accelerating speeds in a competitive attempt to
outdistance each other, or the operation of one (1) or more vehicles over a
common selected course, from the same point to the same point, for the purpose
of comparing the relative speeds or power of acceleration of the vehicles
within a certain distance or time limit.
    (14) "Driver" means every person who drives or is in actual physical
control of a vehicle.
    (15) "Driver's license" means a license or permit issued by the department
or by any other jurisdiction to an individual which authorizes the individual
to operate a motor vehicle or commercial motor vehicle on the highways in
accordance with the requirements of title 49, Idaho Code.
    (16) "Driver's license -- Classes of" are issued for the operation of a
vehicle based on the size of the vehicle or the type of load and mean:
    (a)  Class A. This license shall be issued and valid for the operation of
    any combination of motor vehicles with a manufacturer's gross combination
    weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds,
    provided the manufacturer's gross vehicle weight rating (GVWR) of the
    vehicle(s) being towed is in excess of ten thousand (10,000) pounds.
    Persons holding a valid class A license may also operate vehicles
    requiring a class B, C or D license.
    (b)  Class B. This license shall be issued and valid for the operation of
    any single vehicle with a manufacturer's gross vehicle weight rating
    (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such
    vehicle towing a vehicle not in excess of ten thousand (10,000) pounds
    manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
    class B license may also operate vehicles requiring a class C license or a
    class D license.
    (c)  Class C. This license shall be issued and valid for the operation of
    any single vehicle or combination of vehicles that does not meet the
    definition of class A or class B, as defined in this section, but that
    either is designed to transport sixteen (16) or more people including the
    driver, or is of any size which does not meet the definition of class A or
    class B and is used in the transportation of materials found to be
    hazardous according to the hazardous material transportation act and which
    requires the motor vehicle to be placarded under the federal hazardous
    materials regulations 49 CFR part 172, subpart F. Persons holding a valid
    class C license may also operate vehicles requiring a class D license.
    (d)  Class D. This license shall be issued and valid for the operation of
    a motor vehicle that is not a commercial vehicle as defined in section
    49-123, Idaho Code.
    (e)  "Seasonal driver's license" means a special restricted class B or C
    driver's license to operate certain commercial vehicles in farm-related
    industries under restrictions imposed by the department. As used in this
    definition, "farm-related industry" shall mean custom harvesters, farm
    retail outlets and suppliers, agri-chemical businesses and livestock
    feeders. Seasonal driver's licenses are not valid for driving vehicles
    carrying any quantities of hazardous material requiring placarding, except
    for diesel fuel  in quantities of one thousand (1,000) gallons or less,
    liquid fertilizers, i.e., plant nutrients, in vehicles or implements of
    husbandry with total capacities of three thousand (3,000) gallons or less,
    and solid fertilizers, i.e., solid plant nutrients, that are not mixed
    with any organic substance.
    (17) "Driver record" means any record that pertains to an individual's
driver's license, driving permit, driving privileges, driving history,
identification documents or other similar credentials issued by the
department.
    (18) "Driver's license endorsements" means special authorizations that are
required to be displayed on a driver's license which permit the driver to
operate certain types of commercial vehicles or commercial vehicles hauling
certain types of cargo, or to operate a motorcycle or a school bus.
    (a)  "Endorsement T -- Double/Triple trailer" means this endorsement is
    required on a class A, B or C license to permit the licensee to operate a
    vehicle authorized to tow more than one (1) trailer.
    (b)  "Endorsement H -- Hazardous material" means this endorsement is
    required on a class A, B or C license if the driver is operating a vehicle
    used in the transportation of materials found to be hazardous according to
    the hazardous material transportation act and which requires the motor
    vehicle to be placarded under the federal hazardous materials regulations
    49 CFR part 172, subpart F.
    (c)  "Endorsement P -- Passenger" means this endorsement is required on a
    class A, B or C license to permit the licensee to operate a vehicle
    designed to transport sixteen (16) or more people including the driver.
    (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
    a class A, B or C license to permit the licensee to operate a vehicle
    which is designed to transport any liquid or gaseous materials within a
    tank that is either permanently or temporarily attached to the vehicle.
    Such vehicles include, but are not limited to, cargo tanks and portable
    tanks, as defined in federal regulations 49 CFR part 171. This definition
    does not include portable tanks having a rated capacity under one thousand
    (1,000) gallons.
    (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
    driver's license to permit the driver to operate a motorcycle.
    (f)  "Endorsement S -- School bus" means this endorsement is required on a
    class A, B or C license to permit the licensee to operate a school bus in
    accordance with 49 CFR part 383, to transport preprimary, primary or
    secondary school students from home to school, from school to home, or to
    and from school-sponsored events. School bus does not include a bus used
    as a common carrier.
    (19) "Driveway" means a private road giving access from a public way to a
building on abutting grounds.
    (20) "Dromedary tractor" means every motor vehicle designed and used
primarily for drawing a semitrailer and so constructed as to carry manifested
cargo in addition to a part of the weight of the semitrailer.