Idaho Code
Idaho Code

Idaho Code § 49-313 (2026)

Examination of applicants. 

✓ current as of May 2026
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Examination of applicants. 

(1) The sheriff, his deputy or authorized agents of the department shall examine every applicant for an instruction permit, commercial learner’s permit, restricted school attendance driving permit, seasonal driver’s license, driver’s license or a motorcycle endorsement, except as otherwise provided by law. The examination shall include a vision screening and a test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic. A skills test shall be required for an applicant who has not been previously licensed for the class of license requested, or who holds a license issued by another country unless a reciprocal agreement is in force. However, a skills test may be required for any and all other applicants at the discretion of the examiner or department for a class A, B, C or D driver’s license or a motorcycle endorsement. In addition, the applicant’s knowledge of traffic laws of this state and when a motorcycle endorsement is applied for, the applicant’s knowledge of safe motorcycle operating practices and traffic laws specifically relating to motorcycle operation shall be tested by a written examination, except as provided in section 49-319, Idaho Code. At the discretion of the examiner, the prescribed written examination may be conducted orally.

(2)  The knowledge and skills examinations for applicants for driver’s licenses in class A, B or C shall be conducted in compliance with 49 CFR part 383.
(3)  The skills test for a class A, B, C or D driver’s license or for any endorsement shall be given by the department or its authorized agents. The skills examiner for a motorcycle endorsement shall be certified by the division of career technical education.
(4)  The department shall not issue the following endorsements except as provided:
(a)  A tank, double/triple trailer, or hazardous material endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge test.
(b)  A passenger endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge and skills test.
(c)  A school bus endorsement unless the applicant, in addition to all other applicable qualifications, has passed appropriate knowledge and skills tests. Until September 30, 2005, the department may waive the school bus endorsement skills test requirement if the applicant meets the conditions set forth in accordance with 49 CFR part 383.123.
(5)  Any person failing to pass a knowledge or skills test for a class A, B, C or D driver’s license, or a knowledge test for a seasonal driver’s license, or any endorsement may not retake the test within three (3) calendar days of the failure.
(6)  Any person retaking a knowledge or skills test for a driver’s license shall pay the appropriate testing fee as specified in section 49-306, Idaho Code.
(7)  The motorcycle skills test for a motorcycle endorsement shall be waived by the department:
(a)  On and after September 1, 1998, if the applicant presents satisfactory evidence of successful completion of a recognized motorcycle rider training course approved by the division of career technical education;
(b)  On and after September 1, 1998, if the applicant presents evidence of a motorcycle endorsement on his current license by a state or province which requires a motorcycle skills test equivalent to that required by Idaho law as determined by the division of career technical education;
(c)  Until September 1, 1998.
(8)  At the discretion of the department, an alternate skills test for the motorcycle endorsement may be administered when the endorsement is for operation of a three-wheeled motorcycle only.
(9)  The department or its authorized agents may refuse to give an applicant a skills test if there are reasonable grounds to believe that the safety of the applicant, public, or the examiner would be jeopardized by doing so. Reasonable grounds would include, but not be limited to, the applicant’s inability to pass the vision screening, written tests, or a statement by a licensed physician stating the applicant is not physically able to drive a motor vehicle.
(10) The department or its authorized agents may deny issuance or renewal of a driver’s license or endorsement to any applicant who does not meet the licensing requirements for the class of driver’s license or endorsement being renewed or issued.
(11) Skills examinations for seasonal driver’s licenses shall be waived.
Notes of Decisions
Cited in 7 cases, 1950–1988 · leading case: Thompson v. Oklahoma, 487 U.S. 815 (1988).
Sort: Relevance Newest Treatment
Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “§ 286-112 (1985) Idaho Idaho Code § 49-313 (Supp. 1987) Ill. Ill.”
Nelson v. Whitesides, 647 P.2d 1246 (Idaho 1982). · cites it 12× “Brett’s father, Mark Whitesides, was named as a co-defendant on the basis of I.C. § 49-313. 1 This action has not been tried or otherwise disposed of.”
Mendenhall v. MacGregor Triangle Co., 358 P.2d 860 (Idaho 1961). · cites it 2× “MacGregor, pursuant to I.C. § 49-313. The collision occurred in the northwest quadrant of the intersection, the front end of respondent’s vehicle striking the right rear of the Pontiac station-wagon.”
Smith v. Sharp, 375 P.2d 184 (Idaho 1962). · cites it 2× “” I.C. § 49-313(b) reads: “Any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and…”
Leach v. Farmer's Auto. Interinsurance Exch., 213 P.2d 920 (Idaho 1950). · cites it 2× “Davis, section 49-313, I.C., was also an “insured”.”
Hutcherson v. Amen, 572 P.2d 879 (Idaho 1977). · cites it 4× “Under I.C. § 49-313(a), all applicants seeking an Idaho driver’s license, under the age of eighteen, must obtain the signature of their parents or other responsible person on their driver’s license application.”
Litalien v. Tuthill, 272 P.2d 311 (Idaho 1954). · cites it 2× “, provides that the owner of a motor vehicle permitting a minor under the age of sixteen years to drive such vehicle is liable for the damage caused by the negligence of such minor.”
— Idaho Code § 49-313(a) — 1 case
Hutcherson v. Amen, 572 P.2d 879 (Idaho 1977). “Under I.C. § 49-313(a), all applicants seeking an Idaho driver’s license, under the age of eighteen, must obtain the signature of their parents or other responsible person on their driver’s license application.”
— Idaho Code § 49-313(b) — 3 cases
Nelson v. Whitesides, 647 P.2d 1246 (Idaho 1982). “Brett’s father, Mark Whitesides, was named as a co-defendant on the basis of I.C. § 49-313. 1 This action has not been tried or otherwise disposed of.”
Smith v. Sharp, 375 P.2d 184 (Idaho 1962). “” I.C. § 49-313(b) reads: “Any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and…”
Hutcherson v. Amen, 572 P.2d 879 (Idaho 1977). “Under I.C. § 49-313(a), all applicants seeking an Idaho driver’s license, under the age of eighteen, must obtain the signature of their parents or other responsible person on their driver’s license application.”
— Idaho Code § 49-313(c) — 1 case
Nelson v. Whitesides, 647 P.2d 1246 (Idaho 1982). “Brett’s father, Mark Whitesides, was named as a co-defendant on the basis of I.C. § 49-313. 1 This action has not been tried or otherwise disposed of.”
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