IDAPA 11 – IDAHO STATE POLICE

Idaho State Police Motor Vehicles

Who does this rule apply to?

Law enforcement agencies and operators of authorized emergency vehicles.

What is the purpose of this rule?

These rules regulate all owners and operators of motor vehicles that operate on the highways within the state of Idaho. These rules further govern authorization processes and required emergency vehicle equipment.

What is the legal authority for the agency to promulgate this rule?

This rule implements the following statute passed by the Idaho Legislature:

State Government and State Affairs -

1. Section 67-2901, Idaho Code – Idaho State Police Created – Director – Divisions – Powers and Duties – Failure of Peace Officers to Obey Orders, Misdemeanor – Deputies – Compensation and Powers

Who do I contact for more information on this rule?

Headquarters

Monday through Friday, 8:00 a.m. to 5:00 p.m.

700 S. Stratford Drive, Suite 125

Meridian, ID 83642

Phone: (208) 884-7100

Fax: (208) 884-7290

Email: adminrules@isp.idaho.gov

Web: https://isp.idaho.gov

This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.

Table of Contents

11.07.03 – Rules Governing Emergency Vehicles/Authorized Emergency Vehicles

000. Legal Authority. ... 3

001. Scope. ... 3

002. -- 009. (Reserved) ... 3

010. Definitions. ... 3

011. Purpose. ... 3

012. Authorization Requirements. ... 3

013. Limited Authorized Emergency Vehicle. ... 3

014. Authorization Limitations. ... 4

015. -- 020. (Reserved) ... 4

021. Procedure. ... 4

022. -- 999. (Reserved) ... 5

11.07.03 – RULES GOVERNING EMERGENCY VEHICLES/AUTHORIZED EMERGENCY VEHICLES

000. LEGAL AUTHORITY.

These rules are promulgated pursuant to the authority granted to the Idaho State Police pursuant to Section 67-2901, Idaho Code. (7-1-24)

001. SCOPE.

The rules apply to emergency vehicles/authorized emergency vehicles under the jurisdiction of the Idaho State Police. They do not pertain to emergency vehicles as defined by Section 49-123, Idaho Code. (7-1-24)

002. -- 009. (RESERVED)

010. DEFINITIONS.

In addition to the definitions in Title 49, Chapter 1, Idaho Code, the following definition applies to this chapter. (7-1-24)

01. Limited Authorized Vehicle. A vehicle to which a limited authorization is issued by the Director for limited emergency uses as defined by the Director upon agreement with an applicant under terms specified therein. (7-1-24)

011. PURPOSE.

The purpose of this chapter is to specify a procedure to be followed to obtain approval for authorized emergency vehicles pursuant to Section 49-218, Idaho Code. (7-1-24)

012. AUTHORIZATION REQUIREMENTS.

01. General. Any person, corporation, or municipal corporation, desiring to have a vehicle registered as an authorized emergency vehicle, pursuant to Section 49-218, Idaho Code, must apply for authorization by submitting a request to the Director that include the following:

(7-1-24)

1. a. A description of: (7-1-24)
2. i. The specific geographic area and purpose(s) for which the vehicle will be used; (7-1-24)
3. ii. The emergency vehicle listing year, make, model, vehicle identification number and license plate number; and (7-1-24)
4. iii. The lighting equipment and horns or warning devices to be used. (7-1-24)
5. b. Written documentation indicating the vehicle will have radio communications between a central dispatch location and, when applicable, between other emergency vehicles. (7-1-24)
6. c. Current certificate of liability and property damage insurance executed by an insurer authorized to transact insurance with notice of renewal being filed with the Director. The certificate must show expiration date, liability (single event and aggregate) and property damage coverage. The certificate of liability and property damage insurance must be carried in the limited authorized emergency vehicle and displayed upon the request of any law enforcement officer. (7-1-24)
7. d. An explanation of the nature and the scope of the duties, responsibilities and the authority of the vehicle driver which necessitates the vehicle's registration as an authorized emergency vehicle. (7-1-24)
8. e. A list of the names, addresses, and birthdates of all persons who use the vehicle as an authorized emergency vehicle. (7-1-24)
9. f. Written documentation as to the emergency vehicle driving courses and hours of instruction completed by each driver. (7-1-24)
10. g. A recommendation by the chief law enforcement officer or fire chief, if the vehicle is to be used for firefighting purposes, of each jurisdiction in which the vehicle is to be used stating that a need exists in said jurisdiction for the vehicle to be used as described in the application. (7-1-24)

013. LIMITED AUTHORIZED EMERGENCY VEHICLE.

01. Application. Any person, firm, corporation, or municipal corporation, desiring to have a vehicle registered as a limited authorized emergency vehicle must apply for authorization to the Director on forms provided by the department that provides: (7-1-24)

a. A description of the emergency vehicle including the year, make, model, vehicle identification number and license plate number. (7-1-24)

b. A description of the emergency lighting equipment to be used on the emergency vehicle, in conformance with Section 49-623(3), Idaho Code, and Section 49-910A, Idaho Code. (7-1-24)

02. Requirements for Driver. Each driver of an authorized emergency vehicle must: (7-1-24)

a. Be eighteen (18) years of age or older and have valid driving privileges; and (7-1-24)

b. Not have been convicted in any court within three (3) years of an offense of driving under the influence, reckless driving, failure to stop or report an accident, or any other conviction that the Director may deem a disqualifier. (7-1-24)

014. AUTHORIZATION LIMITATIONS.

01. Durations. The authorization provided by the Director will be valid for one (1) year, will expire on June 30 of each subsequent year, and may be renewed prior to the expiration date. (7-1-24)

02. Restrictions. An authorized emergency vehicle may be used for the purposes set forth in the application: (7-1-24)

a. By the driver(s) named on the application. (7-1-24)

b. With the equipment described in the application. (7-1-24)

c. Within the geographical area described in the application. (7-1-24)

03. Limited Restriction. A limited authorized emergency vehicle may not be used except: (7-1-24)

a. Where a lane of traffic is obstructed or at the discretion of a peace officer, it may display a red, flashing light. (7-1-24)

b. To gain access to accident or emergency scenes, it may use interstate system emergency crossovers, provided such usage is done in a safe manner. (7-1-24)

04. Revocation. It is unlawful and cause for immediate revocation of the limited authorization if red lights are used while traveling to or from an incident or an emergency or for any reason not described herein. (7-1-24)

015. -- 020. (RESERVED)

021. PROCEDURE.

01. Approval. If the Director approves the application, he may issue a certificate of approval which is valid for thirty (30) days, during which time the emergency equipment may be installed. After installation of the emergency equipment, the applicant must bring the vehicle to a district office of the Idaho State Police to be examined to determine if the equipment is of an approved type and is properly mounted. An Idaho State Police trooper must certify the results of this examination on a form prescribed and provided by the department, and the applicant must file the form with the Idaho State Police. (7-1-24)

02. Violation. Violation of any of the Rules is grounds for suspension or revocation of the authorized

emergency vehicle agreement or limited authorized emergency vehicle agreement without prior written notice or opportunity for hearing. (7-1-24)

03. Authorization. Any authorization may be terminated at any time without cause or prior written notice or opportunity for hearing by the Director or his designated representative. (7-1-24)

04. Copy. A copy of the authorized emergency vehicle certificate approved by the Director or limited authorization certificate approved by the Director must be carried in each authorized vehicle and shown to any peace officer upon request. (7-1-24)

022. -- 999. (RESERVED)