TITLE 49

MOTOR VEHICLES

CHAPTER 3

MOTOR VEHICLE DRIVER’S LICENSES

49-313.  Examination of applicants. (1) The sheriff, his deputy or authorized agents of the department shall examine every applicant for an instruction permit, commercial learner’s permit, restricted school attendance driving permit, seasonal driver’s license, driver’s license or a motorcycle endorsement, except as otherwise provided by law. The examination shall include a vision screening and a test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic. A skills test shall be required for an applicant who has not been previously licensed for the class of license requested, or who holds a license issued by another country unless a reciprocal agreement is in force. However, a skills test may be required for any and all other applicants at the discretion of the examiner or department for a class A, B, C or D driver’s license or a motorcycle endorsement. In addition, the applicant’s knowledge of traffic laws of this state and when a motorcycle endorsement is applied for, the applicant’s knowledge of safe motorcycle operating practices and traffic laws specifically relating to motorcycle operation shall be tested by a written examination, except as provided in section 49-319, Idaho Code. At the discretion of the examiner, the prescribed written examination may be conducted orally.

(2)  The knowledge and skills examinations for applicants for driver’s licenses in class A, B or C shall be conducted in compliance with 49 CFR part 383.

(3)  The skills test for a class A, B, C or D driver’s license or for any endorsement shall be given by the department or its authorized agents. The skills examiner for a motorcycle endorsement shall be certified by the division of career technical education.

(4)  The department shall not issue the following endorsements except as provided:

(a)  A tank, double/triple trailer, or hazardous material endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge test.

(b)  A passenger endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge and skills test.

(c)  A school bus endorsement unless the applicant, in addition to all other applicable qualifications, has passed appropriate knowledge and skills tests. Until September 30, 2005, the department may waive the school bus endorsement skills test requirement if the applicant meets the conditions set forth in accordance with 49 CFR part 383.123.

(5)  Any person failing to pass a knowledge or skills test for a class A, B, C or D driver’s license, or a knowledge test for a seasonal driver’s license, or any endorsement may not retake the test within three (3) calendar days of the failure.

(6)  Any person retaking a knowledge or skills test for a driver’s license shall pay the appropriate testing fee as specified in section 49-306, Idaho Code.

(7)  The motorcycle skills test for a motorcycle endorsement shall be waived by the department:

(a)  On and after September 1, 1998, if the applicant presents satisfactory evidence of successful completion of a recognized motorcycle rider training course approved by the division of career technical education;

(b)  On and after September 1, 1998, if the applicant presents evidence of a motorcycle endorsement on his current license by a state or province which requires a motorcycle skills test equivalent to that required by Idaho law as determined by the division of career technical education;

(c)  Until September 1, 1998.

(8)  At the discretion of the department, an alternate skills test for the motorcycle endorsement may be administered when the endorsement is for operation of a three-wheeled motorcycle only.

(9)  The department or its authorized agents may refuse to give an applicant a skills test if there are reasonable grounds to believe that the safety of the applicant, public, or the examiner would be jeopardized by doing so. Reasonable grounds would include, but not be limited to, the applicant’s inability to pass the vision screening, written tests, or a statement by a licensed physician stating the applicant is not physically able to drive a motor vehicle.

(10) The department or its authorized agents may deny issuance or renewal of a driver’s license or endorsement to any applicant who does not meet the licensing requirements for the class of driver’s license or endorsement being renewed or issued.

(11) Skills examinations for seasonal driver’s licenses shall be waived.

History:

[49-313, added 1988, ch. 265, sec. 47, p. 595; am. 1989, ch. 88, sec. 25, p. 177; am. 1990, ch. 45, sec. 19, p. 95; am. 1991, ch. 89, sec. 5, p. 202; am. 1993, ch. 300, sec. 4, p. 1112; am. 1994, ch. 234, sec. 8, p. 740; am. 1995, ch. 339, sec. 3, p. 1124; am. 1996, ch. 371, sec. 9, p. 1260; am. 1997, ch. 357, sec. 2, p. 1056; am. 1998, ch. 110, sec. 19, p. 402; am. 2000, ch. 214, sec. 10, p. 598; am. 2002, ch. 235, sec. 6, p. 704; am. 2005, ch. 352, sec. 6, p. 1104; am. 2009, ch. 30, sec. 8, p. 85; am. 2012, ch. 32, sec. 1, p. 96; am. 2014, ch. 92, sec. 3, p. 252; am. 2015, ch. 54, sec. 7, p. 141; am. 2016, ch. 25, sec. 41, p. 57.]