2005 Idaho Code - 49-117 — DEFINITIONS -- P

                                  TITLE  49
                                MOTOR VEHICLES
                                  CHAPTER 1
                                 DEFINITIONS
    49-117.  DEFINITIONS -- P.
    (1)  "Park" or "parking" means the standing of a vehicle, whether occupied
or not, other than temporarily for the purpose of and while actually engaged
in loading or unloading property or passengers.
    (2)  "Park trailer." (See "Trailer," section 49-121, Idaho Code)
    (3)  "Part-time salesman" means any person employed as a vehicle salesman
on behalf of a dealer less than thirty (30) hours per week.
    (4)  "Peace officer." (See section 19-5101(d), Idaho Code)
    (5)  "Pedestrian" means any person afoot and any person operating a
wheelchair or a motorized wheelchair or an electric personal assistive
mobility device.
    (6)  "Pedestrian path" means any path, sidewalk or way set-aside and used
exclusively by pedestrians.
    (7)  (a) "Person" means every natural person, firm, fiduciary,
    copartnership, association, corporation, trustee, receiver or assignee for
    the benefit of creditors, political subdivision, state or federal
    governmental department, agency, or instrumentality, and for the purposes
    of chapter 22 of this title shall include a private, common or contract
    carrier operating a vehicle on any highway of this state.
    (b)  "Person with a disability" means:
         (i)   A person who is unable to walk two hundred (200) feet or more
         unassisted by another person;
         (ii)  A person who is unable to walk two hundred (200) feet or more
         without the aid of a walker, cane, crutches, braces, prosthetic
         device or a wheelchair; or
         (iii) A person who is unable to walk two hundred (200) feet or more
         without great difficulty or discomfort due to the following
         impairments: neurological, orthopedic, respiratory, cardiac,
         arthritic disorder, blindness, or the loss of function or absence of
         a limb.
         (iv)  For the purposes of chapters 3 and 4 of this title, a person
         with a permanent disability is one whose physician certifies that the
         person qualifies as a person with a disability pursuant to this
         subsection (7)(b), and further certifies that there is no expectation
         for a fundamental or marked change in the person's condition at any
         time in the future.
    (8)  "Personal information" means information that identifies an
individual, including an individual's photograph or computerized image, social
security number, driver identification number, name, address, telephone
number, and medical or disability information, but does not include
information on vehicular accidents, driving or  equipment-related violations,
the five-digit zip code of the person's address, or status of the driver's
license or motor vehicle registration.
    (9)  "Pneumatic tire." (See "Tires," section 49-121, Idaho Code)
    (10) "Pole trailer." (See "Trailer," section 49-121, Idaho Code)
    (11) "Possessory lien" means a lien dependent upon possession for
compensation to which a person is legally entitled for making repairs or
performing labor upon, and furnishing supplies or materials for, and for the
towing, storage, repair, or safekeeping of, any vehicle of a type subject to
registration.
    (12) "Possessory lienholder" means any person claiming a lien, that lien
claimed to have accrued on a basis of services rendered to the vehicle which
is the subject of the lien.
    (13) "Preceding year" means, for the purposes of section 49-435, Idaho
Code, a period of twelve (12) consecutive months fixed by the department,
prior to July 1 of the year immediately preceding the commencement of the
registration or license year for which proportional registration is sought.
The department in fixing the period shall make it conform to the terms,
conditions and requirements of any applicable agreement or arrangement for the
proportional registration of vehicles.
    (14) "Pressure regulator valve" means a device or system which governs the
load distribution and controls the weight borne by a variable load suspension
axle in accordance with a predetermined valve setting.
    (15) "Principal place of business" means an enclosed commercial structure
located within the state, easily accessible and open to the public at all
reasonable times, with an improved display area large enough to display five
(5) or more vehicles of the type the dealer is licensed to sell, immediately
adjoining the building, and at which the business of a dealer, including the
display and repair of vehicles, may be lawfully carried on in accordance with
the terms of all applicable building codes, zoning and other land-use
regulatory ordinances, and in which building the public shall be able to
contact the dealer or his salesmen in person or by telephone at all reasonable
times, and at which place of business shall be kept and maintained the books,
records and files necessary to conduct the business. The principal place of
business shall display an exterior sign permanently affixed to the land or
building, with letters clearly visible to the major avenue of traffic. In no
event shall a room or rooms in a hotel, rooming house, or apartment house
building or a part of any single or multiple unit dwelling house be considered
a "principal place of business" within the terms and provisions of this title
unless the entire ground floor of that hotel, apartment house, or rooming
house building or dwelling house be devoted principally to and occupied for
commercial purposes, and the office or offices of the dealer be located on the
ground floor.
    (16) "Private property open to the public" means real property not owned
by the federal government or the state of Idaho or any of its political
subdivisions, but is available for vehicular traffic or parking by the general
public with the permission of the owner or agent of the real property.
    (17) "Private road"  means every way or place in private ownership and
used for vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons.
    (18) "Proof of financial responsibility" means  proof of ability to
respond in damages for liability, on account of accidents occurring subsequent
to the effective date of the proof, arising out of the ownership, maintenance
or use of a motor vehicle, in the amount of twenty-five thousand dollars
($25,000) because of bodily injury to or death of one (1) person in any one
(1) accident, and, subject to the limit for one (1) person, in the amount of
fifty thousand dollars ($50,000) because of bodily injury to or death of two
(2) or more persons in any one (1) accident, and in the amount of fifteen
thousand dollars ($15,000) because of injury to or destruction of property of
others in any one (1) accident.
    (19) "Proper authority" means a public highway agency.
    (20) "Public highway agency" means the state transportation department,
any city, county, highway district or any other state agency which has
jurisdiction over public highway systems and public rights-of-way.
    (21) "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 said right-of-way for
vehicular traffic.
    (22) "Public road jurisdiction" means a public highway agency.
    (23) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho
Code)