JURISDICTION: IDAHO

This chapter summarizes Idaho State statutes relate to speed.

General References: Idaho Code (General Laws of Idaho Annotated), Idaho Infraction (Court) Rules and Idaho Administrative Code (IDAPA)

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. §49-654(1)

Statutory Speed Limit: 75 MPH on interstate highways §49-654(2)(c)

See Other below. 65 MPH on other highways §49-654(2)(d)

35 MPH in either an urban district or a residential neighborhood §49-654(2)(a) & (b)

Posted (Maximum) Speed Limit: I. Base on engineering and traffic investigations, the State may increase or decrease the maximum speed limit.⁽¹⁾ However, no maximum posted speed limit can exceed either 75 MPH for interstate highways or 65 MPH for other State highways. §49-201(4)

II. For highways within its jurisdiction, a local government, based on engineering and traffic investigations, may either (1) decrease the speed limit in or outside of an urban area or (2) increase the speed limits to not >65 MPH within a nonresidential area of an urban district. §§49-207(2) and 49-208(1)(e), (i) & (m)

Minimum Speed Limit: No person shall drive a motor vehicle at such slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with the law. §49-655

Posted (Minimum) Speed Limit: Based upon engineering and traffic investigations, the State may establish a minimum posted speed limit on a highway. §49-202(22)

Other: I. A person shall not drive a vehicle over a bridge or elevated structure in violation of the posted safe maximum speed limit for such structures.⁽²⁾ §49-656

II. For vehicles without pneumatic tires and weighing either 10,000 lbs. or >10,000 lbs., the respective maximum speed limits are either 20 MPH or 12 MPH. §49-1003

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Infractions.⁽³⁾ §§49-110(4) & 49-236(2)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term

of Imprisonment:

Fine:

Amount ($ Range): Not more than $100⁽⁴⁾ §18-113A

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via the Point system⁽⁵⁾ §49-326(2) & (3)

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension for more than 1 year⁵ §49-326(5)

Mandatory Minimum Term of

Withdrawal: None Restricted driving privileges may be granted. §49-326(4)

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: Misdemeanor⁽⁶⁾ §§18-111, 49-236(1) & 49-1424(1)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 6 months §§18-113(1) & 49-236(4)

Mandatory Minimum Term

of Imprisonment: None

Other Criminal Actions Related to Speeding:

(continued)

Racing on Highway: (continued)

Fine ($ Range): Not more than $300 §§18-113(1) & 49-236(4)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via the Point System⁵ §49-326(2)

Length of Term of

Licensing Withdrawal: Suspension for more than 1 year⁵ §49-326(5)

Mandatory Action--Minimum

Length of License

Withdrawal: None Restricted driving privileges may be granted. §49-326(4)

Other:

Reckless Driving: Misdemeanor §§18-111, 49-236(1) & 49-1401(1)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-5 to 90 days Subsequent offense-10 days to 6 months §49-1401(2)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $300 Subsequent offense-$50 to $300 §49-1401(2)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension §§49-326(1)(f) and 49-1401(2) & (3) For 3 reckless driving offense convictions within 12 months-Revocation §49-325(1)(d)

Length of Term of License

Withdrawal Action: 1st offense-30 day suspension 2nd offense (within 2 years)-90 day suspension 3rd offense (within 3 years)-1 year suspension §49-326(1)(f) 3 offenses within 12 months-1 year revocation §§49-325(1)(d) & 49-326(5)

Mandatory Term of License

Withdrawal Action: For suspensions-None Restricted driving privileges may be granted. §49-326(4) However, for 3 offenses within 12 months, the 1 year revocation appears to be mandatory. §§49-325(1)(d) & 49-326(5)

Other:

Commercial Motor Vehicle (CMV) Operators⁽⁷⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁸⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §49-335(6)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §49-335(6)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §49-335(6)

1. ¹This includes the establishment of different highway speed limits either (1) for different types of vehicles (e.g., persons, who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for various weather conditions or (4) for other factors bearing on safe speeds. §49-201(4)

2. ²Based upon investigations, the State determines the safe maximum speed limits for these structures. §49-202(21)

3. ³An infraction is a not a crime but a civil public offense. §18-111

4. ⁴Fixed Penalty. The following fixed penalties, which include court costs, are assessed for speed related infractions. For exceeding the speed limit by 1 MPH but <20 MPH, a fixed penalty of $47. For exceeding the speed limit by 20 MPH a fixed penalty of $102. Rule 9(5)(a) & (b), Idaho Infraction Rules

5. ⁵Point System. I. An offender's license is suspended for 30 days, 90 days or 6 months, if they respectively accumulate 12 points within 12 months, 18 points within 24 months or 24 points within 36 months. Note: Three (3) points are deducted from a driver's record if they attend traffic school prior to a suspension; this can only occur once in a 3 year period. II. The following points are assessed for speeding and speed related offenses: One (1) MPH to 15 MPH over the speed limit-3 points; 16 or more MPH over the speed limit-4 points; a violation of the minimum speed rule-3 points; a violation of a posted speed limit on an elevated structure-3 to 4 points; and, racing on the highways-4 points. §§49-210 & 49-326 and IDAPA 39.02.71

6. ⁶"No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration or for the purpose of making a speed record...." §49-1424(1)

7. ⁷A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of >26,000 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §49-123(2)(c)

8. ⁸A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §49-120(11) with reference to 49 CFR part 383