Idaho Code
Idaho Code

Idaho Code § 49-623 (2026)

Authorized emergency or police vehicles. 

✓ current as of May 2026
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Authorized emergency or police vehicles. 

(1) The driver of an authorized emergency or police vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated.

(2)  The driver of an authorized emergency or police vehicle may:
(a)  Park or stand, irrespective of the parking or standing provisions of this title;
(b)  Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(c)  Exceed the maximum speed limits so long as he does not endanger life or property;
(d)  Disregard regulations governing direction of movement or turning in specified directions.
(3)  The exemptions granted to an authorized emergency or police vehicle shall apply when necessary to warn and to make use of an audible signal having a decibel rating of at least one hundred (100) at a distance of ten (10) feet and/or is displaying a flashing light visible in a 360 degree arc at a distance of one thousand (1,000) feet under normal atmospheric conditions.
(4)  The foregoing provisions shall not relieve the driver of an authorized emergency or police vehicle from the duty to drive with due regard for the safety of all persons, nor shall these provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(5)  The foregoing provisions shall apply to the driver of an authorized emergency or police vehicle of another state of the United States who enters this state in response to an emergency call, or when in the fresh pursuit of a suspected felon as provided in section 19-701, Idaho Code, or when responding to but not upon returning from a fire alarm.
Notes of Decisions
Cited in 18 cases (3 in the last 5 years), 1989–2025 · leading case: Athay v. Stacey, 128 P.3d 897 (Idaho 2005).
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Athay v. Stacey, 128 P.3d 897 (Idaho 2005). · cites it 23× “Does Idaho Code § 49-623 establish a reckless disregard standard of care for police pursuits? B.”
State v. Miller, 955 P.2d 603 (Idaho Ct. App. 1997). · cites it 16× “The state must prove, as an element to felony eluding a police officer, that the emergency lights or sirens used by the officer complied with I.C. § 49-623. State v. Bedard, 120 Idaho 869, 871 , 820 P.”
State v. Baker, 107 P.3d 1214 (Idaho 2004). · cites it 6× “§ 49-1404 on the fact that the amber lights did not meet the requirements *167 of being visible in a 360-degree arc at a distance of 1,000 feet under I.C. § 49-623. Id. at 605, 861 P.2d at 1270 .”
Melene James v. City of Boise, 376 P.3d 33 (Idaho 2016). · cites it 4× “” I.C. § 49-623(3). 3 Officer Bonas had an audio recording device on his person.”
State v. Irvin C. Ray, 286 P.3d 1114 (Idaho 2012). · cites it 6× “(1) Upon the immediate approach of an authorized emergency or police vehicle making use of an audible or visible signal, meeting the requirements of section 49-623, Idaho Code, the driver of every other vehicle shall yield the right- of-way and immediately drive to a position…”
State v. Bedard, 820 P.2d 1226 (Idaho 1991). · cites it 8× “§ 49-645 (49-625) requires "the driver of every other vehicle" to yield to and let pass any emergency or police vehicle "making use of an audible or visible signal, meeting the requirements of section 49-623." Clearly, the visible or audible signals emitted by emergency vehicles…”
State v. Willoughby, 211 P.3d 91 (Idaho 2009). · cites it 2× “de § 49-625 (1) provides as follows: Upon the immediate approach of an authorized emergency or police vehicle making use of an audible or visible signal, meeting the requirements of section 49-623, Idaho Code, the driver of every other vehicle shall yield the right-of-way and…”
State v. James Leroy Skunkcap, 335 P.3d 561 (Idaho 2014). · cites it 2× “The signal given by a peace officer by emergency lights or siren need not conform to the standards for decibel ratings or light visibility specified in section 49-623(3), Idaho Code. It is sufficient proof that a reasonable person knew or should have known that the visual or…”
State v. Pick, 861 P.2d 1266 (Idaho Ct. App. 1993). · cites it 2× “In determining what constitutes an authorized emergency or police vehicle making use of an audible or visible signal, the Idaho Code directs the Court to I.C. § 49-623. It is clear from the reading of that statute, that the amber deck lights do not meet the designated…”
Athay v. Stacey, 196 P.3d 325 (Idaho 2008). · cites it 2× “Did the district court err in concluding Deputy Athay’s conduct did not rise to the level of reckless disregard? In Athay I, we held that under Idaho Code § 49-623 , the driver of an authorized police vehicle engaged in a high-speed chase can be held liable only if the driver’s…”
State v. Monaghan, 783 P.2d 311 (Idaho Ct. App. 1989). · cites it 2× “§ 49-606(1), (3) (repealed in 1988 and replaced by I.C. § 49-623). This raises a question of law over which we exercise free review.”
Melene James v. City of Boise, 351 P.3d 1171 (Idaho 2015). · cites it 4× “” I.C. § 49-623(3). 3 Officer Bonas had an audio recording device on his person.”
Show all 18 citing cases →
— Idaho Code § 49-623(3) — 7 cases
Melene James v. City of Boise, 376 P.3d 33 (Idaho 2016). “” I.C. § 49-623(3). 3 Officer Bonas had an audio recording device on his person.”
State v. Miller, 955 P.2d 603 (Idaho Ct. App. 1997). “The state must prove, as an element to felony eluding a police officer, that the emergency lights or sirens used by the officer complied with I.C. § 49-623. State v. Bedard, 120 Idaho 869, 871 , 820 P.”
State v. James Leroy Skunkcap, 335 P.3d 561 (Idaho 2014). “The signal given by a peace officer by emergency lights or siren need not conform to the standards for decibel ratings or light visibility specified in section 49-623(3), Idaho Code. It is sufficient proof that a reasonable person knew or should have known that the visual or…”
Melene James v. City of Boise, 351 P.3d 1171 (Idaho 2015). “” I.C. § 49-623(3). 3 Officer Bonas had an audio recording device on his person.”
State v. Kneppe (Idaho Ct. App. 2025).
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