Idaho Code
Idaho Code § 49-116 (2026)
Definitions — O.
✓ current as of May 2026
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Definitions — O.
(1) "Off-highway vehicle" or "OHV" means an off-highway vehicle as defined in section 67-7101, Idaho Code.
(2) "Operator" means every person who is in actual physical control of a motor vehicle upon a highway or private property open to public use.
(3) "Out-of-service order" means a temporary prohibition against operating a commercial vehicle as declared by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction and which is applicable to a driver, a commercial motor vehicle, or a motor carrier operation pursuant to federal regulations 49 CFR 386.72, 392.5, 395.13, or 396.9, or compatible laws, or to the North American uniform out-of-service criteria.
(4) "Owner" means a person, other than a lienholder, 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 chapter 12, title 49, Idaho Code, 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.
Notes of Decisions
Cited in 11
cases, 1985–2014 · leading case: Northland Ins. v. Boise's Best Autos & Repairs, 970 P.2d 21 (Idaho Ct. App. 1997).
Northland Ins. v. Boise's Best Autos & Repairs, 970 P.2d 21 (Idaho Ct. App. 1997). “C. § 49-116 was intended to broaden the scope of the definition of ownership as it relates to civil liability and insurance.”
State v. Rhonda Trusdall, 318 P.3d 955 (Idaho Ct. App. 2014). “§ 49-108(2), (3); *970 I.C. § 49-116(3); I.C. § 49-117(7)(a), (7)(b)(iv), (13); I.”
In Re Woods, 386 B.R. 758 (Bankr. D. Idaho 2008). “” Idaho Code § 49-116 . Debtors at all relevant times were listed on the Vehicle's certificate of title as the owners.”
Agric. Servs., Inc. v. Fitzgerald (In Re Field), 263 B.R. 323 (Bankr. D. Idaho 2001). “” Idaho Code §§ 49-116 (3), 49-101. Section 49-503 is simply not applicable here.”
Empire Fire & Marine Ins. v. North Pac. Ins., 905 P.2d 1025 (Idaho 1995). “We also note that North Pacific's contention that U-Save was the vehicle owner for purposes of the IMVRA ignores the definition of “owner” provided in I.C. § 49-116(3): " ‘Owner’ for the purposes of chapter 12 means the person legally responsible for the operation of a vehicle…”
State v. Gibson, 697 P.2d 1216 (Idaho Ct. App. 1985). “§ 49-245, and failure to register his motor vehicle annually, I.C. § 49-116. The magistrate imposed a fine and one-year probation.”
Trevor Taft v. Jumbo Foods, Inc., 314 P.3d 193 (Idaho 2013). “” I.C. § 49-116(3). The owner of a vehicle is not automatically liable for the negligence of just any person driving it.”
Latham Motors, Inc. v. Phillips, 851 P.2d 985 (Idaho Ct. App. 1992). “A revised form of this provision was reenacted as I.C. § 49-116(3). 4 . This section is now codified as I.”
Mugavero v. A-1 Auto Sales, Inc., 944 P.2d 151 (Idaho Ct. App. 1997). “The legislature has defined “operator” in Idaho Code § 49-116 as, “every person who is in actual physical control of a motor vehicle upon a highway or private property open to public use.”
State v. Doe, 72 P.3d 547 (Idaho Ct. App. 2003). “The state relies on the definition of the term “operator,” found in I.C. § 49-116(1), in arguing that the legislature intended the term “operate” to include exercising control of a vehicle and not merely a limited type of use.”
Hopkins v. McCallister (In re Bar GW Ranch & Trucking LLC), 520 B.R. 825 (Bankr. D. Idaho 2014). “” Idaho Code § 49-116 (3). . In more than one instance, the Court was left with an unclear picture of how the money flowed, and what expenses were paid from the Whites’ personal, the Bar GW, and the LLC accounts.”
— Idaho Code § 49-116(1) — 1 case
State v. Doe, 72 P.3d 547 (Idaho Ct. App. 2003). “The state relies on the definition of the term “operator,” found in I.C. § 49-116(1), in arguing that the legislature intended the term “operate” to include exercising control of a vehicle and not merely a limited type of use.”
— Idaho Code § 49-116(3) — 5 cases
State v. Rhonda Trusdall, 318 P.3d 955 (Idaho Ct. App. 2014). “§ 49-108(2), (3); *970 I.C. § 49-116(3); I.C. § 49-117(7)(a), (7)(b)(iv), (13); I.”
Northland Ins. v. Boise's Best Autos & Repairs, 970 P.2d 21 (Idaho Ct. App. 1997). “C. § 49-116 was intended to broaden the scope of the definition of ownership as it relates to civil liability and insurance.”
Empire Fire & Marine Ins. v. North Pac. Ins., 905 P.2d 1025 (Idaho 1995). “We also note that North Pacific's contention that U-Save was the vehicle owner for purposes of the IMVRA ignores the definition of “owner” provided in I.C. § 49-116(3): " ‘Owner’ for the purposes of chapter 12 means the person legally responsible for the operation of a vehicle…”
Trevor Taft v. Jumbo Foods, Inc., 314 P.3d 193 (Idaho 2013). “” I.C. § 49-116(3). The owner of a vehicle is not automatically liable for the negligence of just any person driving it.”
Latham Motors, Inc. v. Phillips, 851 P.2d 985 (Idaho Ct. App. 1992). “A revised form of this provision was reenacted as I.C. § 49-116(3). 4 . This section is now codified as I.”
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