TITLE 49

MOTOR VEHICLES

CHAPTER 1

DEFINITIONS

49-106.  Definitions — E. (1)  "Electric-assisted bicycle" means a bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts and that meets one (1) of the following requirements:

(a)  "Class 1 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases when the rider stops pedaling or when the bicycle reaches the speed of twenty (20) miles per hour.

(b)  "Class 2 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour.

(c)  "Class 3 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases when the rider stops pedaling or when the bicycle reaches the speed of twenty-eight (28) miles per hour.

(2)  "Electric personal assistive mobility device" means a self-balancing two (2) nontandem wheeled device designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour or less.

(3)  "Emergency vehicle." (See "Vehicle," section 49-123, Idaho Code)

(4)  "Encumbrance." (See "Lien," section 49-113, Idaho Code)

(5)  "EPA" means the environmental protection agency of the United States.

(6)  "Essential parts" means all integral and body parts of a vehicle of a type required to be registered, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation.

(7)  "Established place of business" means a place occupied either continuously or at regular periods by a dealer or manufacturer where his books and records are kept and a large share of his business is transacted.

(8)  "Excessive" or "unusual noise" means any sound made by a passenger motor vehicle or a motorcycle at any time under any condition of grade, speed, acceleration or deceleration, which exceeds ninety-two (92) decibels, or any lower decibel level that is fixed by law or rules adopted by the board of health and welfare, on the "A" scale of a general radio company no. 1551-B sound level meter, or equivalent, stationed at a distance of not less than twenty (20) feet to the side of a vehicle or motorcycle as the vehicle or motorcycle passes the soundmeter or is stationed not less than twenty (20) feet from a stationary motor or engine.

(9)  "Excessive speed" means any speed of fifteen (15) miles per hour or more above the posted speed limit, and is only for purposes of determining disqualification of commercial driving privileges.

(10)  "Executive head," as used in chapter 20, title 49, Idaho Code, means the governor of the state of Idaho.

(11) "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases with which the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

(12) "Extraordinary circumstances" means any situation where an emergency exists or public safety is endangered, or any situation in which a vehicle:

(a)  Is blocking or impeding traffic; or

(b)  Is causing a hazard; or

(c)  Has the potential of impeding any emergency vehicle; or

(d)  Is impeding any snow removal or other road maintenance operation; or

(e)  Has been stolen but not yet reported as recovered; or

(f)  Is not registered, or displays a license plate registration tag which has been expired; or

(g)  Has been involved in an accident and remains on the highway; or

(h)  The driver of which has been arrested.

History:

[49-106, added 1988, ch. 265, sec. 2, p. 555; am. 1989, ch. 88, sec. 4, p. 159; am. 1989, ch. 113, sec. 1, p. 256; am. 1990, ch. 45, sec. 4, p. 77; am. 1998, ch. 392, sec. 1, p. 1198; am. 2002, ch. 160, sec. 1, p. 466; am. 2010, ch. 171, sec. 1, p. 348; am. 2019, ch. 84, sec. 2, p. 201.]