TITLE 49

MOTOR VEHICLES

CHAPTER 3

MOTOR VEHICLE DRIVER’S LICENSES

49-301.  Drivers to be licensed. (1) No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver’s license. Provided however, that those persons holding a restricted school attendance driving permit may drive upon a highway pursuant to the restrictions set forth in section 49-307A, Idaho Code.

(2)  No person shall operate a motorcycle upon a highway unless he has a motorcycle endorsement on his valid driver’s license. The provisions of this subsection shall not apply to persons operating autocycles.

(3)  No person shall operate a motor vehicle in violation of any valid restriction identified on, or attached to, his valid driver’s license.

(4)  No person shall receive a class D driver’s license unless and until he surrenders to the department all driver’s licenses in his possession issued to him by Idaho or any other jurisdiction for use within the United States, or any identification cards issued by any other jurisdiction within the United States, or until he executes an affidavit that he does not possess a driver’s license or any identification cards.

(5)  No person shall be permitted to have more than one (1) driver’s license issued for use within the United States at any time.

(6)  No person shall operate a commercial motor vehicle as defined in section 49-123, Idaho Code, upon a highway:

(a)  Without obtaining a commercial driver’s license.

(b)  Without having the appropriate class A, B or C commercial driver’s license in the operator’s possession.

(c)  Without the proper license class of commercial driver’s license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.

(d)  Unless the operator has a seasonal or class A, B or C driver’s license with required endorsements in his possession.

(e)  Without having a current and valid medical examiner’s certificate on file with the department while operating in a "non-excepted" status as required by the federal motor carrier safety administration. Medical examiner’s certificates submitted for filing must be legible and shall be submitted in a manner acceptable to the department. If the federal motor carrier safety administration has issued a medical exemption letter or skill performance evaluation certificate, the driver must have the current and valid documentation in physical possession and available upon request to a duly authorized federal, state or local enforcement official.

(7)  Any holder of a class A, B or C commercial driver’s license issued by a jurisdiction other than Idaho shall apply for an Idaho-issued commercial driver’s license within thirty (30) days of establishing a domicile in Idaho. In accordance with the federal motor carrier safety regulations, no person shall receive a class A, B or C driver’s license unless and until he surrenders to the department all driver’s licenses in his possession issued to him by Idaho or any other jurisdiction.

(8)  A person operating a vehicle that requires a class A, B or C license without a current and valid license required to drive such vehicle is guilty of a misdemeanor. Except as provided in sections 18-8001(1) and 49-304, Idaho Code, operating a vehicle without a current and valid class D driver’s license in violation of this section is an infraction punishable by a fine of one hundred fifty dollars ($150). A second conviction for operating a vehicle without a current and valid class D driver’s license within a period of five (5) years of the first conviction is an infraction punishable by a fine of three hundred dollars ($300). A third and any subsequent conviction for operating a vehicle without a current and valid class D driver’s license within a period of five (5) years of the first conviction shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both.

History:

[49-301, added 1988, ch. 265, sec. 35, p. 589; am. 1989, ch. 88, sec. 14, p. 171; am. 1990, ch. 45, sec. 14, p. 91; am. 1993, ch. 300, sec. 2, p. 1109; am. 1994, ch. 234, sec. 3, p. 733; am. 1996, ch. 371, sec. 5, p. 1253; am. 1998, ch. 100, sec. 1, p. 349; am. 1999, ch. 81, sec. 7, p. 247; am. 2000, ch. 327, sec. 2, p. 1102; am. 2002, ch. 235, sec. 1, p. 696; am. 2002, ch. 355, sec. 1, p. 1011; am. 2004, ch. 126, sec. 3, p. 430; am. 2006, ch. 164, sec. 4, p. 492; am. 2011, ch. 60, sec. 2, p. 127; am. 2015, ch. 230, sec. 2, p. 724; am. 2018, ch. 298, sec. 2, p. 706.]