TITLE 49

MOTOR VEHICLES

CHAPTER 3

MOTOR VEHICLE DRIVER’S LICENSES

49-306.  Application for driver’s license, instruction permit, commercial learner’s permit or restricted school attendance driving permit. (1) Every application for any instruction permit, restricted school attendance driving permit, or for a driver’s license shall be made upon a form furnished by the department and shall be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department, agents authorized by the department, and sheriffs and their deputies are authorized to administer the oaths without charge. Every application for a permit, extension or driver’s license shall be accompanied by the following fee, none of which is refundable:

(a)  Class A, B, C (4-year) license with endorsements —

age 21 years and older 

(b)  Class A, B, C (3-year) license with endorsements —

age 18 to 21 years 

(c)  Class A, B, C (1-year) license with endorsements —

age 20 years 

(d)  Class D (3-year) license — under age 18 years 

(e)  Class D (3-year) license — age 18 to 21 years 

(f)  Class D (1-year) license — age 17 years or age 20 years 

(g)  Four-year Class D license — age 21 years and older 

(h)  Eight-year Class D license — age 21 to 63 years 

(i)  Commercial learner’s permit 

(j)  Class D instruction permit or supervised instruction permit

.

(k)  Duplicate driver’s license or permit issued under

section 49-318

, Idaho Code 

(l)  Driver’s license extension issued under section

49-319, Idaho Code 

(m)  License classification change (upgrade) 

(n)  Endorsement addition 

(o)  Class A, B, C skills tests not more than 

(p)  Class D skills test not more than 

(q)  Motorcycle endorsement skills test not more than

(r)  Knowledge test 

(s)  Seasonal driver’s license 

(t)  Onetime motorcycle "M" endorsement 

(u)  Motorcycle endorsement instruction permit 

(v)  Restricted driving permit or restricted school attendance

driving permit 

(2)  A person who applies for a driver’s license or a driver’s license renewal may designate a voluntary contribution of two dollars ($2.00) for the purpose of promoting and supporting organ donation. Such a contribution shall be treated as a voluntary contribution to the organ donation contribution fund created in section 49-2447, Idaho Code, and not as a driver’s license fee.

(3)  Every application shall state the true and full name, date of birth, sex, declaration of Idaho residency, Idaho residence address and mailing address, if different, of the applicant, height, weight, hair color, and eye color, and the applicant’s social security number as verified by the social security administration. If an applicant has submitted an application pursuant to the provisions of chapter 58, title 19, Idaho Code, then the applicant may state, in his or her application pursuant to this section, the applicant’s alternative Idaho mailing address in place of his or her Idaho residence address and mailing address. Notwithstanding the provisions of section 49-303(13), Idaho Code, an applicant for a nondomiciled class A, B or C driver’s license or nondomiciled commercial learner’s permit having residency in a state that is prohibited from issuing class A, B or C driver’s licenses or commercial learner’s permits, as provided in 49 CFR 384, is excepted from providing proof of Idaho residency and an Idaho mailing address.

(a)  The requirement that an applicant provide a social security number as verified by the social security administration shall apply only to applicants who have been assigned a social security number.

(b)  An applicant who has not been assigned a social security number shall:

(i)   Present written verification from the social security administration that the applicant has not been assigned a social security number; and

(ii)  Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and

(iii) Submit such proof as the department may require that the applicant is lawfully present in the United States.

A driver’s license, commercial learner’s permit or any instruction permit issued on and after January 1, 1993, shall not contain an applicant’s social security number. Applications on file shall be exempt from disclosure except as provided in sections 49-202, 49-203, 49-203A and 49-204, Idaho Code.

(c)  Every application for a class A, B or C license shall state where the applicant has been licensed for the preceding ten (10) years and under which of the following driving categories the applicant will operate:

(i)   Non-excepted interstate. The applicant operates or expects to operate in interstate commerce, and is required to provide a medical examiner’s certificate;

(ii)  Excepted interstate. The applicant operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted by the federal motor carrier safety administration from all or parts of the qualification requirements of federal motor carrier safety regulation 49, part 391, and is therefore not required to provide a medical examiner’s certificate;

(iii) Non-excepted intrastate. The applicant operates only in intrastate commerce and is subject to and meets all Idaho driver qualification requirements and the applicable parts of federal motor carrier safety regulation 49, part 391, and is required to provide a medical examiner’s certificate; or

(iv)  Excepted intrastate. The applicant operates in intrastate commerce, but engages exclusively in exempted transportation or operations as listed in section 67-2901B(2), Idaho Code, and the applicable parts of federal motor carrier safety regulation 49, part 391, and is therefore not required to provide a medical examiner’s certificate.

All applications shall also state whether the applicant has previously been licensed as a driver, and if so, when and by what state or country, and whether a driver’s license or privileges have ever been suspended, revoked, denied, disqualified, canceled or whether an application has ever been refused, and if so, the date of and reason for the suspension, revocation, denial, disqualification, cancellation or refusal and the applicant’s oath that all information is correct as signified by the applicant’s signature.

(d)  The applicant must submit proof of identity and citizenship status acceptable to the examiner or the department and date of birth as set forth in a certified copy of his birth certificate. When a certified copy of his birth certificate or a delayed birth certificate is impossible to obtain from a vital statistics agency, another government-issued document may be submitted that provides satisfactory evidence of a person’s full legal name and date of birth acceptable to the examiner or the department.

(e)  Every applicant for a class A, B or C driver’s license or commercial learner’s permit shall provide proof of United States citizenship or lawful permanent residency in the United States upon application for issuance, transfer, upgrade or renewal, unless the applicant’s driving record already contains documentation confirming United States citizenship or lawful permanent residency. Every applicant for a nondomiciled class A, B or C driver’s license or commercial learner’s permit domiciled in a foreign country must provide an unexpired employment authorization document issued by the department of homeland security or an unexpired foreign passport accompanied by an approved I-94 form documenting the applicant’s most recent admittance into the United States.

(f)  Individuals required to register in compliance with section 3 of the federal military selective service act, 50 U.S.C. App. 451 et seq., as amended, shall be provided an opportunity to fulfill such registration requirements in conjunction with an application for a driver’s license, commercial learner’s permit or instruction permit. Any registration information so supplied shall be transmitted by the department to the selective service system.

(4)  Whenever an application is received from a person previously licensed in another jurisdiction, the department shall request a copy of the driver’s record from the other jurisdiction and shall contact the national driver register. When received, the driver’s record from the previous jurisdiction shall become a part of the driver’s record in this state with the same force and effect as though entered on the driver’s record in this state in the original instance.

(5)  Whenever the department receives a request for a driver’s record from another licensing jurisdiction, the record shall be forwarded without charge.

(6)  The department shall contact and notify the commercial driver license information system of the proposed application for a class A, B or C driver’s license or commercial learner’s permit to ensure identification of the person and to obtain clearance to issue the license.

(7)  When the fees required under this section are collected by a county officer, they shall, except as provided in subsection (8) of this section, be paid over to the county treasurer not less often than monthly, who shall immediately:

(a)  Deposit an amount equal to five dollars ($5.00) from each commercial license, ten dollars ($10.00) from each driver’s license except an eight-year class D license, or any class D instruction permit application fees, application for a duplicate driver’s license or permit, classification change, seasonal driver’s license and additional endorsement, and fifteen dollars ($15.00) from each eight-year class D driver’s license, in the current expense fund;

(b)  Deposit two dollars and fifty cents ($2.50) from each motorcycle endorsement and motorcycle endorsement instruction permit fee in the current expense fund;

(c)  Deposit an amount equal to five dollars ($5.00) from each fee for a knowledge test in the current expense fund;

(d)  Deposit an amount up to twenty-five dollars ($25.00) from each fee for a motorcycle endorsement skills test in the current expense fund; provided however, if a contractor administers the skills test he shall be entitled to the entire fee;

(e)  Remit the remainder to the state treasurer; and

(f)  Deposit up to twenty-eight dollars and fifty cents ($28.50) from each fee for a class D skills test into the county current expense fund, unless the test is administered by a department-approved contractor, in which case the contractor shall be entitled to up to twenty-eight dollars and fifty cents ($28.50) of each fee.

(8)  When the fees required under this section are collected by the department or an agent authorized by the department, they shall be paid over to the state treasurer. When the department or an agent authorized by the department collects the fees required under this section, the portion of fees to be retained by the county shall be retained by the issuing authorized agent.

(9)  The state treasurer shall distribute the moneys received from fees imposed by the provisions of this section, whether collected by a county officer or by a state officer or agency as follows:

(a)  Two dollars ($2.00) of each fee for a four-year driver’s license or seasonal driver’s license, and four dollars ($4.00) of each fee for an eight-year class D driver’s license, and one dollar and fifty cents ($1.50) of each fee charged for driver’s licenses pursuant to subsection (1)(b), (d) and (e) of this section, and fifty cents (50¢) of each fee charged for driver’s licenses pursuant to subsection (1)(c) and (f) of this section shall be deposited in the emergency medical services fund II created in section 56-1018A, Idaho Code, and four dollars ($4.00) of each fee charged pursuant to subsection (1)(a), (g) and (s) of this section and eight dollars ($8.00) of each fee charged pursuant to subsection (1)(h) of this section and three dollars ($3.00) of each fee for driver’s licenses pursuant to subsection (1)(b), (d) and (e) of this section, and one dollar ($1.00) of each fee charged for driver’s licenses pursuant to subsection (1)(c) and (f) of this section shall be deposited in the emergency medical services fund III created in section 56-1018B, Idaho Code;

(b)  Twenty-eight dollars ($28.00) of each fee for a seasonal or class A, B or C driver’s license, and nineteen dollars and fifty cents ($19.50) of each fee charged for a license pursuant to subsection (1)(b) of this section, and eight dollars and sixteen cents ($8.16) of each fee charged for a license pursuant to subsection (1)(c) of this section shall be deposited in the state highway account;

(c)  Twenty dollars ($20.00) of each fee for a commercial learner’s permit or driver’s license classification change shall be deposited in the state highway account;

(d)  Four dollars ($4.00) of each fee for a commercial learner’s permit shall be deposited in the emergency medical services fund III created in section 56-1018B, Idaho Code;

(e)  Ten dollars ($10.00) of each fee for a duplicate seasonal or class A, B or C driver’s license, class A, B or C driver’s license extension, or additional endorsement shall be deposited in the state highway account;

(f)  Seven dollars and fifty cents ($7.50) of each fee for a motorcycle endorsement and motorcycle endorsement instruction permit shall be deposited in the state highway account;

(g)  Five dollars and thirty cents ($5.30) of each fee for a four-year class D driver’s license, and ten dollars and sixty cents ($10.60) of each fee for an eight-year class D driver’s license, and four dollars ($4.00) of each fee charged for a license pursuant to subsection (1)(d) and (e) of this section, and one dollar and thirty-three cents ($1.33) of each fee charged for a license pursuant to subsection (1)(f) of this section shall be deposited in the driver training account;

(h)  Twelve dollars and seventy cents ($12.70) of each fee for a four-year class D driver’s license, and twenty dollars and forty cents ($20.40) of each fee for an eight-year class D driver’s license, and ten dollars and fifty cents ($10.50) of each fee charged for a license pursuant to subsection (1)(d) and (e) of this section, and six dollars and eighty-three cents ($6.83) of each fee charged for a license pursuant to subsection (1)(f) of this section shall be deposited in the highway distribution account;

(i)  Two dollars and sixty cents ($2.60) of each fee for a class D instruction permit, duplicate class D license or permit, and class D license extension shall be deposited in the driver training account;

(j)  Seven dollars and forty cents ($7.40) of each fee for a class D instruction permit, duplicate class D license or permit, and class D license extension shall be deposited in the highway distribution account;

(k)  Ten dollars ($10.00) of each fee for a class A, B or C skills test shall be deposited in the state highway account;

(l)  One dollar ($1.00) of each fee for a class A, B, C or four-year D driver’s license, and two dollars ($2.00) of each fee for an eight-year class D driver’s license, and one dollar ($1.00) of each fee charged for a license pursuant to subsection (1)(b), (d) and (e) of this section, and thirty-four cents (34¢) of each fee charged for a license pursuant to subsection (1)(c) and (f) of this section shall be deposited in the motorcycle safety program fund established in section 33-4904, Idaho Code;

(m)  Six dollars and fifty cents ($6.50) of each fee for a class D skills test shall be deposited into the state highway account; and

(n)  Each voluntary contribution of two dollars ($2.00) as described in subsection (2) of this section, less actual administrative costs associated with collecting and transferring such contributions, shall be deposited into the organ donation contribution fund created in section 49-2447, Idaho Code.

(10) The contractor administering a class A, B or C skills test shall be entitled to not more than one hundred ninety dollars ($190) of the skills test fee. A contractor administering a class A, B or C skills test may collect an additional fee for the use of the contractor’s vehicle for the skills test.

(11) Sixty dollars ($60.00) of each restricted driving permit and each restricted school attendance driving permit shall be deposited in the state highway account.

(12) The department may issue seasonal class B or C driver’s licenses to drivers who are employees of agri-chemical businesses, custom harvesters, farm retail outlets and suppliers, and livestock feeders that:

(a)  Will only be valid for driving commercial vehicles that normally require class B or C commercial driver’s licenses;

(b)  Will be valid for seasonal periods that begin on the date of issuance and that are not to exceed one hundred eighty (180) days in a twelve (12) month period;

(c)  May only be obtained twice in a driver’s lifetime;

(d)  Are valid only within a one hundred fifty (150) mile radius of the place of business or farm being serviced; and

(e)  Will be valid only in conjunction with valid Idaho class D driver’s licenses.

(13) The department may issue seasonal class B or C driver’s licenses to drivers who:

(a)  Have not violated the single license provisions of applicable federal regulations;

(b)  Have not had any license suspensions, revocations or cancellations;

(c)  Have not had any convictions in any vehicle for any offense listed in section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic offense;

(d)  Have at least one (1) year of driving experience with a class D or equivalent license in any type motor vehicle; and

(e)  Are at least sixteen (16) years old.

History:

[49-306, added 1988, ch. 265, sec. 40, p. 591; am. 1989, ch. 88, sec. 19, p. 173; am. 1992, ch. 115, sec. 10, p. 361; am. 1992, ch. 118, sec. 1, p. 391; am. 1993, ch. 300, sec. 3, p. 1109; am. 1993, ch. 304, sec. 1, p. 1126; am. 1994, ch. 234, sec. 7, p. 737; am. 1994, ch. 347, sec. 3, p. 1100; am. 1995, ch. 339, sec. 2, p. 1121; am. 1996, ch. 371, sec. 8, p. 1257; am. 1997, ch. 80, sec. 11, p. 188; am. 1997, ch. 357, sec. 1, p. 1053; am. 1998, ch. 110, sec. 17, p. 399; am. 1998, ch. 248, sec. 2, p. 810; am. 1998, ch. 394, sec. 1, p. 1236; am. 1999, ch. 81, sec. 9, p. 249; am. 1999, ch. 317, sec. 1, p. 797; am. 1999, ch. 318, sec. 1, p. 804; am. 1999, ch. 319, sec. 1, p. 811; am. 1999, ch. 360, sec. 2, p. 952; am. 2000, ch. 56, sec. 1, p. 112; am. 2000, ch. 214, sec. 7, p. 592; am. 2001, ch. 74, sec. 1, p. 171; am. 2001, ch. 110, sec. 49, p. 395; am. 2001, ch. 347, sec. 1, p. 1220; am. 2002, ch. 161, sec. 1, p. 474; am. 2002, ch. 235, sec. 3, p. 698; am. 2005, ch. 352, sec. 5, p. 1100; am. 2008, ch. 63, sec. 2, p. 156; am. 2009, ch. 331, sec. 3, p. 951; am. 2010, ch. 16, sec. 3, p. 24; am. 2010, ch. 225, sec. 3, p. 506; am. 2011, ch. 60, sec. 3, p. 128; am. 2013, ch. 354, sec. 2, p. 963; am. 2015, ch. 54, sec. 5, p. 132; am. 2015, ch. 54, sec. 6, p. 137; am. 2017, ch. 216, sec. 1, p. 522; am. 2017, ch. 216, sec. 2, p. 527; am. 2018, ch. 113, sec. 1, p. 230; am. 2018, ch. 113, sec. 2, p. 235; am. 2020, ch. 38, sec. 2, p. 79; am. 2021, ch. 294, sec. 1, p. 886; am. 2022, ch. 217, sec. 1, p. 699.]