TITLE 49

MOTOR VEHICLES

CHAPTER 18

TOWING AND STORAGE OF MOTOR VEHICLES

49-1803.  Removal of stolen vehicles. [EFFECTIVE UNTIL JANUARY 1, 2026] (1) Any authorized officer, upon discovery of a vehicle reported as stolen and not recovered, may take the vehicle into custody and cause it to be taken to and stored in a suitable place, or may cause the vehicle to be placed in the custody of a tow truck operator, all expenses of towing and storage to be those of the vehicle owner unless otherwise determined according to the provisions of section 49-1805(5), Idaho Code.

(2)  Within forty-eight (48) hours, excluding weekends and holidays, of the time that the vehicle is taken into custody and is stored pursuant to this chapter, the agency of which the officer is an agent shall give written notice by certified mail to the registered and legal owners of the vehicle, if known. The notice shall state:

(a)  That the vehicle has been taken into custody and stored; and

(b)  The location of storage of the vehicle.

(3)  The public agency by which the officer is employed shall appraise the vehicle and shall include in the notice, identification of the officer; location of the vehicle; a description of the vehicle including make, year model, identification number, license number, state of registration and the statutory authority for storage.

49-1803.  REMOVAL OF STOLEN VEHICLES. [EFFECTIVE JANUARY 1, 2026] (1) Any authorized officer, upon discovery of a vehicle reported as stolen and not recovered, may cause it to be taken to and stored in an authorized impound yard in the custody of a tow company.

(2)  Within forty-eight (48) hours, excluding weekends and holidays, of the time that the vehicle is taken into custody and is stored pursuant to this section, the agency of which the officer is an agent shall make a reasonable effort to obtain the vehicle owner information from the agency that the stolen vehicle report was filed with and contact the owner by email or phone. If contact is made and no action is taken by the owner or insurance company within seven (7) days or no contact is made within forty-eight (48) hours, the agency shall give written notice by certified mail to the registered and legal owners of the vehicle, if known. The notice shall state:

(a)  That the vehicle has been taken into custody and stored;

(b)  The location of storage of the vehicle;

(c)  The identification of the officer;

(d)  A description of the vehicle, including make, year, model, identification number, license number, and state of registration; and

(e)  The statutory authority for storage.

(3)  If the vehicle is not claimed within thirty (30) days, it shall be considered stolen and not recovered and treated as an abandoned vehicle, subject to the provisions of section 49-1807, Idaho Code. The storage time accrued under this section may be added to the storage time required through the abandoned vehicle process, pursuant to section 49-1814(3), Idaho Code, if the vehicle was stored at a tow company facility during the stolen vehicle investigation and notification process.

History:

[49-1803, added 1988, ch. 265, sec. 421, p. 794; am. 1998, ch. 392, sec. 26, p. 1230; am. 2010, ch. 171, sec. 4, p. 349; repealed and added 2025, ch. 218, sec. 2, p. 1027.]