49-1601. UNLICENSED DEALERS AND SALESMEN PROHIBITED. It shall be unlawful for any person to act as a dealer or salesman, wholesaler, manufacturer of vehicles or a manufacturer, distributor, factory branch, or distributor branch representative, without first having procured a license from the department. It shall be unlawful for any person other than a licensed dealer […]
49-1602. ADMINISTRATION — POWERS AND DUTIES. The department shall: (1) Issue, and for reasonable cause shown, refuse to issue an applicant any license authorized under the provisions of this chapter. The department may refuse to issue all license types to any applicant, other than a partnership or corporation, if the applicant fails to comply with […]
49-1603. DEALER ADVISORY BOARD — DUTIES. (1) There shall be a dealer advisory board to consist of eleven (11) members to assist and advise the department in the administration of the provisions of this chapter. Five (5) members shall be appointed from licensed dealers selling new vehicles, four (4) members appointed from licensed dealers selling […]
49-1604. RECORDS AS EVIDENCE. Copies of all records and papers in the office of the director, authenticated under the hand and seal of the director, shall be received in evidence in all cases equally and with like effect as the original. History: [49-1604, added 1988, ch. 265, sec. 377, p. 762.]
49-1605. CHANGE OF FRANCHISE STATUS. Should the dealer change to, or add another franchise for the sale of new vehicles, or cancel or, for any cause whatever, otherwise lose a franchise for the sale of new vehicles, he shall immediately notify the department. History: [49-1605, added 1988, ch. 265, sec. 378, p. 763.]
49-1606. CLASSES OF LICENSES — NONRESIDENT DEALERS. Licenses issued under the provisions of this chapter shall be as follows: (1) A dealer’s license shall permit the licensee to engage in the business of selling or exchanging new and used vehicles, new and used motorcycles, motor-driven cycles and motorbikes, new and used all-terrain vehicles, utility type […]
49-1607. FEES — FUNDS — EXPENSES — EXPIRATION OF LICENSES. (1) The department shall collect with each application for licensure the following fees: (a) Dealer’s, wholesale dealer’s and vehicle manufacturer’s license, initial application, two hundred dollars ($200). Ten dollars ($10.00) of such fee shall be either retained by the department or authorized agent, if collected […]
49-1608. LICENSE BOND. (1) Before any dealer’s license shall be issued by the department to any applicant, the applicant shall procure and file with the department good and sufficient bond in the amount shown, conditioned that the applicant shall not practice any fraud, make any fraudulent representation or violate any of the provisions of this […]
49-1608A. DEALER AND MANUFACTURER LIABILITY INSURANCE. Every dealer and vehicle manufacturer shall, as a condition of issuance or renewal of a dealer or vehicle manufacturer license by the department, continuously provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person arising out […]
49-1608B. IDAHO CONSUMER ASSET RECOVERY FUND ESTABLISHED — EXPENDITURES AUTHORIZED. (1) There is hereby created in the state treasury an account to be known as the "Idaho consumer asset recovery fund" (ICAR), hereinafter referred to as the "fund." Moneys in the fund are hereby continuously appropriated to the department and shall be used exclusively to […]
49-1608C. CREATION OF BOARD AND FEES. (1) The Idaho consumer asset recovery fund (ICAR) shall be administered by the Idaho consumer asset recovery control board, hereinafter referred to as the "board." The board shall be comprised of the director of the Idaho transportation department or his designee and the dealer advisory board or their designee(s), […]
49-1608D. NEW APPLICANTS AND SUSPENSION OF FEES. In addition to the fees collected pursuant to section 49-1608C, Idaho Code, applicants for an initial motor vehicle dealer’s license shall maintain a license bond pursuant to section 49-1608, Idaho Code, for three (3) consecutive years. If the fee has been temporarily suspended pursuant to section 49-1608B(3), Idaho […]
49-1608E. SUBMISSION OF CLAIMS. (1) Except as otherwise provided in this section, whenever any person is awarded a final judgment certified in a court of competent jurisdiction in the state of Idaho for: (a) Any actual loss or damage in connection with the purchase or lease of a motor vehicle by reason of any fraud […]
49-1608F. PAYMENT OF CLAIMS — MAXIMUM. (1) The maximum claim of one (1) judgment creditor against the fund, based on an unpaid certified judgment arising out of any loss or damage by reason of a claim submitted pursuant to section 49-1608E, Idaho Code, involving a single transaction, shall be limited to fifty thousand dollars ($50,000), […]
49-1609. MANUFACTURER OR DEALER TO GIVE NOTICE OF SALE OR TRANSFER. Every manufacturer or dealer, upon transferring a vehicle, whether by sale, lease or otherwise, to any person other than a manufacturer or dealer, shall within thirty (30) calendar days, give written notice of the transfer to the department or the assessor upon the official […]
49-1609A. SATISFACTION OF LIENS PRIOR TO RESALE OF VEHICLE. (1) When a motor vehicle dealer licensed pursuant to this chapter takes possession of a vehicle for purposes of resale, the dealer shall have ten (10) business days from the date of possession to satisfy in full any and all lienholders who are perfected at the […]
49-1610. RIGHT OF ACTION FOR LOSS BY FRAUD — PROCESS. (1) If any person shall suffer any loss or damage by reason of any fraud practiced on him or fraudulent representation made to him by a licensed dealer or one (1) of the dealer’s salesmen acting for the dealer, in his behalf or within the […]
49-1611. DISPLAY, FORM AND CUSTODY OF DEALER’S AND SALESMAN’S LICENSE. The department shall prescribe each form of the vehicle dealer’s and salesman’s license. It shall be the duty of each dealer to display conspicuously his own license in his place of business. The department shall prepare and deliver a pocket identification card, which shall certify […]
49-1612. NOTICE OF CHANGE OF ADDRESS. (1) The department shall not issue a dealer’s license to any applicant who does not have a principal place of business. Should the dealer change the site or location of his principal place of business, he shall immediately upon making the change notify the department, and a new license […]
49-1613. UNLAWFUL ACTS BY LICENSEE. (1) It shall be unlawful for the holder of any license issued under the provisions of this chapter to: (a) Intentionally publish or circulate any advertising which is misleading or inaccurate in any material particular or which misrepresents any of the products sold or furnished by a licensed dealer; (b) […]
