TITLE 49

MOTOR VEHICLES

CHAPTER 3

MOTOR VEHICLE DRIVER’S LICENSES

49-322.  Authority of department to cancel and downgrade driver’s license or instruction permit. (1) The department shall cancel any driver’s license, restricted school attendance driving permit, or instruction permit upon determining that the licensee or permittee was not entitled to the issuance of the driver’s license or instruction permit, that the licensee or permittee failed to give the required or correct information in his application, or that the licensee or permittee committed fraud in making the application.

(2)  Upon a cancellation, the licensee or permittee shall surrender the canceled driver’s license or canceled instruction permit to the department.

(3)  The department shall cancel a person’s commercial driver’s license upon determining that the class A, B or C licensee has falsified information. Upon cancellation of a class A, B or C driver’s license, the licensee shall be disqualified from operating a commercial motor vehicle for a period of sixty (60) days.

(4)  The department shall decertify the medical status and initiate a downgrade of any driver who is required by the federal motor carrier safety administration to maintain a medical examiner’s certificate and/or medical exemption letter or skill performance evaluation certificate upon determining the person’s medical certification has expired or has been revoked or canceled. The department shall change the person’s driving status in the driver record to "not-certified," within ten (10) days and shall mail a notification letter regarding the pending decertification and downgrade action to the driver’s last known address. The downgrade action shall occur no more than sixty (60) days from the date the not-certified status is posted to the record. Drivers can remove the not-certified medical status from their driving record by presenting a current and valid medical examiner’s certificate and/or medical exemption letter or skill performance evaluation certificate to the department or by submitting an application to the department requesting their medical status be changed to "excepted."

(5)  The department shall remove and, when applicable, subsequently reinstate a driver’s commercial driving privileges upon receiving notification of a driver’s status change in the drug and alcohol clearinghouse.

(6)  When a driver’s license has been canceled for reasons of impairment, incompetence or inability of the licensed driver to operate a motor vehicle safely as provided in section 49-303 or 49-326, Idaho Code, and the licensee has voluntarily surrendered his driver’s license, or when a licensed driver requests cancellation of his license for any of the same reasons stated in this subsection and he voluntarily surrenders his license, the licensee may be eligible for a no-fee identification card as provided in section 49-2444, Idaho Code.

History:

[49-322, added 1988, ch. 265, sec. 56, p. 600; am. 1989, ch. 88, sec. 34, p. 182; am. 1992, ch. 115, sec. 16, p. 366; am. 1999, ch. 79, sec. 1, p. 225; am. 2000, ch. 214, sec. 11, p. 600; am. 2002, ch. 235, sec. 8, p. 706; am. 2011, ch. 60, sec. 6, p. 134; am. 2024, ch. 13, sec. 3, p. 125.]