TITLE 49

MOTOR VEHICLES

CHAPTER 1

DEFINITIONS

49-119.  Definitions — R. (1) "Racing" means the use of one (1) or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle, or to test the physical stamina or endurance of drivers over long-distance driving routes.

(2)  "Radio operator, amateur" means any person licensed by the Federal Communications Commission to engage in private and experimental two-way radio operation and holding a conditional class license or higher.

(3)  "Railroad" means a carrier of persons or property upon cars operated upon stationary rails.

(4)  "Railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.

(5)  "Railroad sign" or "signal" means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

(6)  "Recreational vehicle" means a motor home, travel trailer, fifth-wheel trailer, park model recreational vehicle, truck camper or folding camping trailer, with or without motive power, designed for recreational or emergency occupancy. It does not include pickup hoods, shells, or canopies designed, created or modified for occupational usage. School buses or van type vehicles which are converted to recreational use, are defined as recreational vehicles.

(7)  "Registered maximum gross weight" means the maximum gross weight established on the registration document as declared by the owner at the time of registration or renewal of registration.

(8)  "Registered owner" means any person required to register a vehicle, whether or not a lienholder appears on the title in the records of the department.

(9)  "Registration" means the registration certificate or certificates and license plate or plates issued under the laws of this state pertaining to the registration of vehicles.

(10) "Rental utility trailer" means a utility trailer offered for hire to the general public for private or commercial use.

(11) "Rescission of sale." (See section 28-2-608, Idaho Code)

(12) "Resident" means for purposes of vehicle registration, titling, a driver’s license or an identification card, a person whose domicile has been within Idaho continuously for a period of at least thirty (30) days, excluding a full-time student who is a resident of another state. However, any driver’s license or identification card issued to a person who has been domiciled in Idaho for less than thirty (30) days may not be used for identification for the purpose of voting. The department may title or register a vehicle to a person who has an Idaho driver’s license or identification card and has been domiciled in Idaho for less than thirty (30) days. Establishment of residency shall include a spouse and dependent children who reside with that person in the domicile. A domicile shall not be a person’s workplace, vacation or part-time residence.

(13) "Residential district." (See "District," section 49-105, Idaho Code)

(14) "Residential neighborhood" for purposes of this chapter, is an area abutting a highway which is used primarily for nontransient human habitation, parks and churches.

(15) "Revocation of driver’s license" means the termination by formal action of the department or as otherwise provided in this title of a person’s driver’s license or privilege to operate a motor vehicle on the highways, which terminated driver’s license or privilege shall not be subject to renewal or restoration except that an application for a new driver’s license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this title.

(16) "Revocation of vehicle registration" means the termination by formal action of the department or as otherwise provided in this title of a person’s vehicle registration or, in the case of fleets of vehicles, all vehicle registrations in each fleet operated by a company. Upon revocation, the privileges of operating the vehicles on Idaho highways is terminated until the difficulty that caused the revocation is corrected and an application for new registration is presented and acted upon.

(17) "Ridesharing arrangement" means the nonprofit transportation in a passenger motor vehicle with a seating capacity not exceeding fifteen (15) people including the driver, which is not otherwise used for commercial purposes or as a public conveyance, whereby a fixed group, not exceeding fifteen (15) people including passengers and driver, is transported between their residences or nearby termini, and their places of employment or educational or other institutions or termini near those places, in a single daily round trip where the driver is also on the way to or from his place of employment or education or other institution.

(18) "Right-of-way" means the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. The term shall not be interpreted to mean that a highway user is relieved from the duty to exercise reasonable care at all times and from doing everything to prevent an accident. Failure to yield right-of-way shall not be construed as negligence per se or as prima facie evidence of negligence.

(19) "Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms and rights-of-way.

History:

[49-119, added 1988, ch. 265, sec. 2, p. 563; am. 1989, ch. 88, sec. 10, p. 163; am. 1989, ch. 310, sec. 4, p. 774; am. 1989, ch. 403, sec. 1, p. 987; am. 1991, ch. 100, sec. 1, p. 221; am. 1991, ch. 211, sec. 1, p. 499; am. 1992, ch. 35, sec. 2, p. 102; am. 1992, ch. 115, sec. 3, p. 350; am. 2001, ch. 355, sec. 1, p. 1242; am. 2017, ch. 134, sec. 5, p. 316; am. 2024, ch. 234, sec. 1, p. 816.]