Idaho Code
Idaho Code § 49-109 (2026)
Definitions — H.
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
Definitions — H.
(1) "Habitual violator" means any person who has a driving record that shows a violation point count of eighteen (18) or more points in any consecutive twenty-four (24) month period; or twenty-four (24) or more points in any consecutive thirty-six (36) month period.
(2) "Hazardous material" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of material listed as a select agent or toxin under 42 CFR part 73.
(3) "Hazardous waste" means a material that is subject to the hazardous waste manifest requirements of the EPA due to the type and quantity of the material or that would be subject to these requirements absent an interim authorization to the state under title 40, code of federal regulations or that includes in whole or in part polychlorinated biphenyls regulated by title 40, code of federal regulations, part 761.
(4) "Highway" means 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.
(a) Arterial. Any highway designated by the local authority as part of a major arterial system of highways within its jurisdiction.
(b) 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.
(c) 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.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 2000–2024 · leading case: Ahles v. Tabor, 34 P.3d 1076 (Idaho 2001).
Ahles v. Tabor, 34 P.3d 1076 (Idaho 2001). “The legislature used the word “highway” in Section 1 and “roadway” in Section 2, terms which are further defined in I.C. §§ 49-109(5) and 49-119(18), respectively.”
State v. Nathan David Neal, 362 P.3d 514 (Idaho 2015). “” I.C. § 49-109(5). (“Highway” is synonymous with “street.”
State v. Thomas C. Kelley, 361 P.3d 1280 (Idaho Ct. App. 2015). “Kelley argues that the statute is vague because in addition to being a controlled access highway, 1-84 may be considered a through highway as defined in I.”
Albertson v. Fremont Cnty., 834 F. Supp. 2d 1117 (D. Idaho 2011). “” Idaho Code § 49-109 . Here, Plaintiffs allege that Fremont County breached a duty by failing to properly maintain the snowmobile trail leading up to the highway.”
State v. Devan, 482 P.3d 577 (Idaho Ct. App. 2020). “While the roadway excludes sidewalks, berms, and rights-of-way, those areas are within the “jurisdiction” of highway as defined in I.C. § 49-109(4). 5 The Court did not discuss or analyze the meaning of the language “clearly marked” as used in I.”
State v. Morgan, 1 P.3d 832 (Idaho Ct. App. 2000). “Idaho Code § 49-109 (5) provides that “the term ‘street’ is interchangeable with highway.”
State v. Frandsen (Idaho Ct. App. 2020). “I.C. § 49-109(4). A person convicted of violating I.”
State v. Cohen, 554 P.3d 620 (Idaho Ct. App. 2024). “” I.C. § 49-109(4). A “laned highway” means “a highway which is divided into two (2) or more clearly marked lanes for vehicular traffic.”
State v. Cohen (Idaho Ct. App. 2024). “” I.C. § 49-109(4). A “laned highway” means “a highway which is divided into two (2) or more clearly marked lanes for vehicular traffic.”
— Idaho Code § 49-109(4) — 4 cases
State v. Devan, 482 P.3d 577 (Idaho Ct. App. 2020). “While the roadway excludes sidewalks, berms, and rights-of-way, those areas are within the “jurisdiction” of highway as defined in I.C. § 49-109(4). 5 The Court did not discuss or analyze the meaning of the language “clearly marked” as used in I.”
State v. Frandsen (Idaho Ct. App. 2020). “I.C. § 49-109(4). A person convicted of violating I.”
State v. Cohen, 554 P.3d 620 (Idaho Ct. App. 2024). “” I.C. § 49-109(4). A “laned highway” means “a highway which is divided into two (2) or more clearly marked lanes for vehicular traffic.”
State v. Cohen (Idaho Ct. App. 2024). “” I.C. § 49-109(4). A “laned highway” means “a highway which is divided into two (2) or more clearly marked lanes for vehicular traffic.”
— Idaho Code § 49-109(5) — 3 cases
Ahles v. Tabor, 34 P.3d 1076 (Idaho 2001). “The legislature used the word “highway” in Section 1 and “roadway” in Section 2, terms which are further defined in I.C. §§ 49-109(5) and 49-119(18), respectively.”
State v. Nathan David Neal, 362 P.3d 514 (Idaho 2015). “” I.C. § 49-109(5). (“Highway” is synonymous with “street.”
State v. Morgan, 1 P.3d 832 (Idaho Ct. App. 2000). “Idaho Code § 49-109 (5) provides that “the term ‘street’ is interchangeable with highway.”
— Idaho Code § 49-109(5)(b) — 1 case
State v. Thomas C. Kelley, 361 P.3d 1280 (Idaho Ct. App. 2015). “Kelley argues that the statute is vague because in addition to being a controlled access highway, 1-84 may be considered a through highway as defined in I.”
— Idaho Code § 49-109(5)(c) — 1 case
State v. Thomas C. Kelley, 361 P.3d 1280 (Idaho Ct. App. 2015). “Kelley argues that the statute is vague because in addition to being a controlled access highway, 1-84 may be considered a through highway as defined in I.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.