Idaho Code
Idaho Code § 49-404 (2026)
National guard members — Distinctive plates.
✓ current as of May 2026
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National guard members — Distinctive plates.
(1) In order to enhance visibility and identification of national guard members during mobilizations and emergencies, any active member of the Idaho national guard residing in the state of Idaho may, upon application to the department, register not more than two (2) motor vehicles and receive for each vehicle distinctive national guard license plates in lieu of regular license plates. The provisions of this section shall not apply to any vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The national guard license plates shall be designed, subject to the approval of the department, by the adjutant general. Proof of being an active member in the Idaho national guard must be furnished to the department before plates will be issued.
The Idaho national guard shall, prior to an individual’s discharge from active duty in the national guard, require that the national guard license plates either be turned in to the department or exchanged for other proper license plates as a condition of discharge.
(2) Whenever a member of the Idaho national guard transfers or assigns his title or interest to a vehicle especially registered under the provisions of this section, the registration shall expire but the member may hold his national guard license plates which he may have reissued to him upon the payment of the required transfer fees. He may only display the plates after receipt of new registration from the department.
Notes of Decisions
Cited in 13
cases, 1953–2010 · leading case: Lopez v. Langer, 761 P.2d 1225 (Idaho 1988).
Lopez v. Langer, 761 P.2d 1225 (Idaho 1988). “Additionally, Lopez cites to I.C. § 49-404, which further provides that no right or title in a vehicle exists absent possession of a certificate of title: 49-404.”
In Re Woods, 386 B.R. 758 (Bankr. D. Idaho 2008). “y legal title and not an equitable interest, such as a mortgage secured by real property, or an interest in such a mortgage, sold by the debtor but as to which the debtor retains legal title to service or supervise the serving of such mortgage or interest, becomes property of…”
Latham Motors, Inc. v. Phillips, 851 P.2d 985 (Idaho Ct. App. 1992). “§ 49-403, 4 provided: No person shall hereafter sell or otherwise dispose of a motor vehicle without delivery to the purchaser or transferee thereof a certificate of title with such assignment thereon as may be necessary to show title in the purchaser____ The subsequent section,…”
State v. Bennett, 246 P.3d 387 (Idaho 2010). “Johnson's argument was based upon former Idaho Code section 49-404, which provided that "no person acquiring a motor vehicle from the owner can acquire any right, title, claim or interest thereto until he shall have issued to him a certificate of title thereto.”
In Re Wyatt, 173 B.R. 698 (Bankr. D. Idaho 1994). “AutoRental has retained and never delivered title to the vehicle to the debtors.”
Northland Ins. v. Boise's Best Autos & Repairs, 970 P.2d 21 (Idaho Ct. App. 1997). “2d at 1229 ; I.C. § 49-404 (1987). The court stated that the notice provisions of that statute were specifically designed to apply in creditor attachment proceedings.”
Slayton v. Zapp, 697 P.2d 1258 (Idaho Ct. App. 1985). “The custodian of the title and registration records for the State Department of Transportation, Motor Vehicle Bureau,— called as a witness by Slayton — testified that since July 1982, title to the vehicle was in Megan Zapp; that prior thereto title was in Marie Tucker and that…”
Dissault v. Evans, 261 P.2d 822 (Idaho 1953). “The Association demanded respondent surrender the automobile and, upon his refusal, remaining members thereof and the Association brought this suit in replevin, alleging that by reason of the certificate of title being in appellant Dissault, under Section 49-404, I.C., they have…”
Gugino v. Canyon Fin. of Boise, Inc. (In Re Green), 410 B.R. 904 (Bankr. D. Idaho 2009). “After acknowledging that Idaho Code § 49-404 (since recodified as § 49-503), controlled the “issue of title to a motor vehicle,” the court held that the debtor nonetheless had a “better claim to ownership” than his mother: Neither the debtor or Mrs.”
Farmers Ins. Exch. v. Wendler, 368 P.2d 933 (Idaho 1962). “Defendants cite I.C. § 49-404. The issuance of certificate of title to the wife does not conclusively establish the title in her as separate property.”
State Farm Mut. Auto. Ins. v. Drawbaugh, 65 N.W.2d 542 (Neb. 1954). “For all practical purposes our statutes, as far as we are concerned here, are exactly like the Code of Ohio which was passed by that state in 1937. See Laws of Ohio 1937-38, p.”
Swayne v. Idaho Auto Auction (In re Shoemaker), 4 B.R. 505 (Bankr. D. Idaho 1980). “Defendant relies upon the Idaho Motor Vehicle Title Act Section 49-404, to assert that debtor did not receive title.”
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