The words and phrases herein used unless the same shall be clearly to the contrary of, or inconsistent with, the context of this chapter or of the section in which it is used shall be construed as follows:
AUTHORIZED EMERGENCY VEHICLE: Vehicles operated by any fire department or law enforcement agency of the state of Idaho or any political subdivision of the state, ambulances, vehicles belonging to personnel of voluntary fire departments while in performance of official duties only, vehicles belonging to, or operated by EMS personnel certified or otherwise recognized by the EMS bureau of the Idaho department of health and welfare while in the performance of emergency medical services, sheriff's search and rescue vehicles which are under the immediate supervision of the county sheriff, wreckers which are engaged in motor vehicle recovery operations and are blocking part or all of one or more lanes of traffic, other emergency vehicles designated by the director of the Idaho state police or vehicles authorized by the Idaho transportation board and used in the enforcement of laws specified in Idaho Code section 40-510, pertaining to vehicles of ten thousand (10,000) pounds or greater.
CROSSING AT STREET INTERSECTIONS: Those pedestrians crossing areas at street intersections bounded by parallel yellow lines marked on the surface of the street.
CROSSWALK: That street crossing area located on the street between which there are diagonal lines marked with white or yellow paint.
CURB: The boundary of that portion of the street open to the public for the use of vehicles.
HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights of way not intended for motorized traffic. The term "street" is interchangeable with "highway" as defined herein.
Arterial: Any highway designated by the local authority as part of a major arterial system of highways within its jurisdiction.
Controlled Access: Any highway or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway except at such points only or in such manner as may be determined by the public authority having jurisdiction over the highway.
Through: Any highway or portion of it on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right of way to vehicles on the through highway in obedience to a stop sign, yield sign, or other traffic control device.
INTERSECTION: A. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
B. Where a highway includes two (2) roadways thirty feet (30') or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event an intersecting highway also includes two (2) roadways thirty feet (30') or more apart, then every crossing of two (2) roadways of the highways shall be regarded as a separate intersection.
C. The junction of an alley with a street or highway shall not constitute an intersection.
MOPED: A limited speed, motor driven cycle having:
A. Both motorized and pedal propulsion that is not capable of propelling the vehicle at a speed in excess of thirty (30) miles per hour on level ground, whether two (2) or three (3) wheels are in contact with the ground during operation. If an internal combustion engine is used, the displacement shall not exceed fifty (50) cubic centimeters. The moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; or
B. Two (2) wheels or three (3) wheels with no pedals, which is powered solely by electrical energy, has an automatic transmission, a motor which produces less than two (2) gross brake horsepower, is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground and as originally manufactured, meets federal motor vehicle safety standards for motor driven cycles. A moped is not required to be titled and no motorcycle endorsement is required for its operator.
MOTOR DRIVEN CYCLE: A cycle with a motor that produces five (5) brake horsepower or less as originally manufactured that meets federal motor vehicle safety standards as originally designed, and does not include mopeds. Such vehicle shall be titled and a motorcycle endorsement is required for its operation.
MOTORBIKE: A "vehicle" as defined in Idaho Code section 67-7101. Such vehicle shall be titled and may be approved for motorcycle registration pursuant to (under) Idaho Code section 49-402, upon certification by the owner of the installation and use of conversion components that make the motorbike compliant with federal motor vehicle safety standards.
MOTORCYCLE: Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground that meets the federal motor vehicle safety standards as originally designed, and includes a converted motorbike, but does not include a motor driven cycle, a motorbike, a tractor or a moped.
OWNER: A person, other than a lien holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. "Owner", for the purposes of this title, means the person legally responsible for the operation of a vehicle upon the highways of the state of Idaho, whether as owner, lessee or otherwise.
PARK OR PARKING: The standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
PERSON: Every natural person, firm, fiduciary, copartnership, association, corporation, trustee, receiver or assignee for the benefit of creditors, political subdivision, state or federal governmental department, agency, or instrumentality, and for the purposes of this title shall include a private, common or contract carrier operating a vehicle on any highway of this state.
SAFETY ZONE: The area or space officially set apart within a highway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
STANDING: The halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
STREET: See definition of Highway.
TRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle.
Fifth Wheel Trailer: A vehicular unit equipped in the same manner as a travel trailer but constructed with a raised forward section that allows a bilevel floor plan. This style is designed to be towed by a vehicle equipped with a device known as a fifth wheel hitch, which is typically installed in the bed of a pickup truck.
Fold Down Camping Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls, which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters, for recreational, camping or travel use.
Park Trailer: A trailer designed to be towed by a motorized vehicle, and of such size and weight as not to require a special highway movement permit. It is designed for seasonal or temporary living quarters and may be connected to utilities necessary for operation of installed fixtures and appliances. It is built on a single permanent chassis and constructed to permit setup by persons without special skills.
Pole Trailer: Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
Semitrailer: Every vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle.
Travel Trailer: A vehicular unit, mounted on wheels designed to provide temporary living quarters for recreational, camping, travel or emergency use and of such size or weight as not to require special highway movement permits when towed by a motorized vehicle.
Utility Trailer: See definition of "utility trailer", Idaho Code section 49-122.
TRUCK: Every motor vehicle exceeding eight thousand (8,000) pounds' gross weight designed, used or maintained primarily for the transportation of property.
Pickup Truck: Every motor vehicle eight thousand (8,000) pounds' gross weight or less which is designed, used or maintained primarily for the transportation of property.
Refuse/Sanitation: Any vehicle designed and used solely for the purpose of transporting refuse.
Truck Camper: A portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor, and sides, designed to be loaded onto and unloaded from the bed of a pickup truck.
Truck Tractor: Every motor vehicle designed and used primarily for drawing other vehicles but not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
Authorized Emergency Vehicle: See definition in this section.
Commercial Vehicle Or Commercial Motor Vehicle: A. For the purposes of Idaho Code title 49, chapters 3 and 9, driver's licenses and vehicle equipment, a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
1. Has a manufacturer's gross combination weight rating (GCWR) in excess of twenty six thousand (26,000) pounds inclusive of a towed unit with a manufacturer's gross vehicle weight rating (GVWR) of more than ten thousand (10,000) pounds; or
2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess of twenty six thousand (26,000) pounds; or
3. Is designed to transport sixteen (16) or more people, including the driver; or
4. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the hazardous material transportation act and which require the motor vehicle to be placarded under the hazardous materials regulations (49 CFR part 172, subpart F).
B. For the purposes of Idaho Code title 49, chapter 4, motor vehicle registration, a vehicle or combination of vehicles of a type used or maintained for the transportation of persons for hire, compensation or profit, or the transportation of property for the owner of the vehicle, or for hire, compensation, or profit, and shall include fixed load specially constructed vehicles exceeding the limits imposed by Idaho Code title 49, chapter 10, and including drilling rigs, construction, drilling and wrecker cranes, log jammers, log loaders, and similar vehicles which are normally operated in an overweight or oversize condition, or both, but shall not include those vehicles registered pursuant to Idaho Code sections 49-402 and 49-402A, or exempted by Idaho Code section 49-426. A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a "commercial vehicle" under the provisions of this title relating to equipment requirements, rules of the road, or registration.
Farm Vehicle: A vehicle or combination of vehicles owned by a farmer or rancher, which are operated over public highways, and used exclusively to transport unprocessed agricultural, dairy or livestock products raised, owned and grown by the owner of the vehicle to market or place of storage; and shall include the transportation by the farmer or rancher of any equipment, supplies or products purchased by that farmer or rancher for his own use, and used in the farming or ranching operation or used by a farmer partly in transporting agricultural products or livestock from the farm of another farmer that were originally grown or raised on the farm, or when used partly in transporting agricultural supplies, equipment, materials or livestock to the farm of another farmer for use or consumption on the farm but not transported for hire, and shall not include vehicles of husbandry or vehicles registered pursuant to Idaho Code sections 49-402 and 49-402A.
Foreign Vehicle: Every vehicle of a type required to be registered under the provisions of Idaho Code title 49 brought into this state from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state.
Glider Kit Vehicle: Every large truck manufactured from a kit manufactured by a manufacturer of large trucks which consists of a frame, cab complete with wiring, instruments, fenders and hood and front axles and wheels. The "glider kit" is made into a complete assembly by the addition of the engine, transmission, rear axles, wheels and tires.
Motor Vehicle: Every vehicle which is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in Idaho Code section 49-107. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under Idaho Code title 49.
Multipurpose Passenger Vehicle (MPV): A motor vehicle designed to carry ten (10) or fewer persons which is constructed either on a truck chassis or with special features for occasional off road operation.
Neighborhood Electric Vehicle (NEV): A self-propelled, electrically powered, four (4) wheeled motor vehicle which is emission free and conforms to the definition and requirements for low speed vehicles as adopted in the federal motor vehicle safety standards for low speed vehicles under federal regulations at 49 CFR part 571. An NEV shall be titled, registered and insured according to law as provided respectively in Idaho Code title 49, chapters 4, 5 and 12, and shall only be operated by a licensed driver. Operation of an NEV on a highway shall be allowed as provided in Idaho Code section 49-663.
Noncommercial Vehicle: Shall not include those vehicles required to be registered under Idaho Code sections 49-402 and 49-402A, and means all other vehicles or combinations of vehicles which are not commercial vehicles or farm vehicles, but shall include motor homes. A noncommercial vehicle shall include those vehicles having a combined gross weight not in excess of sixty thousand (60,000) pounds and not held out for hire, used for purposes related to private use and not used in the furtherance of a business or occupation for compensation or profit or for transporting goods for other than the owner.
Passenger Car: A motor vehicle, except a multipurpose passenger vehicle, motorcycle or trailer, designed to carry ten (10) or fewer persons.
Rebuilt Salvage Vehicle: Every vehicle that has been rebuilt or repaired using like make and model parts and visually appears as a vehicle that was originally constructed under a distinctive manufacturer. This includes a salvage vehicle which is damaged to the extent that a "rebuilt salvage" brand is required to be added to the title.
Reconstructed Vehicles: Vehicles which have been reconstructed by the use of a kit designed to be used to construct an exact replica of a vehicle which was previously constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles. A glider kit vehicle is not a reconstructed vehicle.
Replica Vehicle: A vehicle made to replicate any passenger car or truck previously manufactured, using metal, fiberglass or other composite materials. Replica vehicles must look like the original vehicle being replicated but may use a more modern drive train. At a minimum, replica vehicles shall meet the same federal motor vehicle safety and emission standards in effect for the year and type of vehicle being replicated.
Salvage Vehicle: Any vehicle for which a salvage certificate, salvage bill of sale or other documentation showing evidence that the vehicle has been declared salvage or which has been damaged to the extent that the owner, or an insurer, or other person acting on behalf of the owner, determines that the cost of parts and labor minus the salvage value makes it uneconomical to repair or rebuild. When an insurance company has paid money or has made other monetary settlement as compensation for a total loss of any vehicle, such vehicle shall be considered to be a salvage vehicle.
Specially Constructed Vehicle: A. Every vehicle of a type required to be registered not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction and cannot be visually identified as a vehicle produced by a particular manufacturer. This includes:
1. A vehicle that has been structurally modified so that it does not have the same appearance as a similar vehicle from the same manufacturer; or
2. A vehicle that has been constructed entirely from homemade parts and materials not obtained from other vehicles; or
3. A vehicle that has been constructed by using major component parts from one or more manufactured vehicles and cannot be identified as a specific make or model; or
4. A vehicle constructed by the use of a custom kit that cannot be visually identified as a specific make or model.
B. All specially constructed vehicles of a type required to be registered shall be certified by the owner to meet all applicable federal motor vehicle safety standards in effect at the time construction is completed, and all requirements of Idaho Code title 49, chapter 9.
Total Loss Vehicle: Every vehicle that is deemed to be uneconomical to repair. A total loss shall occur when an insurance company or any other person pays or makes other monetary settlement to the owner when it is deemed to be uneconomical to repair the damaged vehicle. The compensation for total loss as defined herein shall not include payments by an insurer or other person for medical care, bodily injury, vehicle rental or for anything other than the amount paid for the actual damage to the vehicle. (Ord. 252, 11-29-1945; amd. Ord. 503, 8-1-1961; 2009 Code)