Idaho Code

Idaho Code § 49-701 (2026)

Pedestrian obedience to traffic-control devices and traffic regulations. 

✓ current as of May 2026
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Pedestrian obedience to traffic-control devices and traffic regulations. 

(1) A pedestrian shall obey the instructions of any traffic-control devices specifically applicable to him, unless otherwise directed by a peace officer.

(2)  Pedestrians shall be subject to traffic and pedestrian-control signals as provided in sections 49-802 and 49-803, Idaho Code.
(3)  At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this title.
Notes of Decisions
Cited in 36 cases, 1959–2004 · leading case: State v. Trimming, 406 P.2d 118 (Idaho 1965).
State v. Trimming, 406 P.2d 118 (Idaho 1965). · cites it 96× “The appeal is designed to test whether, under I.C. § 49-701, driving a motor vehicle on a public highway in excess of the posted speed limit, in and of itself, constitutes a crime, particularly in the absence of any showing of conditions as to render the speed unreasonable and…”
Gavica v. Hanson, 608 P.2d 861 (Idaho 1980). · cites it 12× “[1] I.C. § 49-701, as quoted, was effective in 1974.”
Ralph v. Union Pac. R.R. Co., 351 P.2d 464 (Idaho 1960). · cites it 8× “Ralph was not exceeding the nighttime prima facie speed limit of 55 miles per hour, I.C. § 49-701. I.C. § 62-412 requires each locomotive engine to be equipped with a bell of at least twenty pounds weight, to be rung at a distance of at least 80 rods from the place where the…”
Jones v. Talbot, 394 P.2d 316 (Idaho 1964). · cites it 8× “2d 388 (1958) I.C. § 49-701 reads in part as follows: “Basic rule and prima facie limits.”
Griffith v. Schmidt, 715 P.2d 905 (Idaho 1986). · cites it 8× “Therefore, the evidence was uncontroverted that plaintiff was exceeding the posted and statutory speed limit of 55 m.”
Robinson v. Westover, 620 P.2d 1096 (Idaho 1980). · cites it 4× “I.C. § 49-701, which became I.C. § 49-681, specifically requires reduced speed "when special hazards exist with respect to pedestrians or other traffic.”
Mann v. Gonzales, 605 P.2d 947 (Idaho 1980). · cites it 4× “In this case, Mann contends that Gonzales failed to control his automobile in such a way as to avoid collision with Mann's automobile in violation of I.C. § 49-701(a). Mann also received an instruction to the effect that violation of this statute amounted to negligence per se.”
Fawcett v. Irby, 436 P.2d 714 (Idaho 1968). · cites it 4× “NOTES [1] "Section 49-701, Idaho Code, provides: "(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.”
Werth v. Tromberg, 409 P.2d 421 (Idaho 1965). · cites it 6× “This latter requested instruction was merely a recitation of the full text of I.C. § 49-701, the basic speed statute of Idaho.”
Dawson v. Olson, 496 P.2d 97 (Idaho 1972). · cites it 4× “"Appellants additionally contend that even if Hahn was traveling only 40 miles per hour under the existing road conditions the reasonableness of such speed presented an issue of fact for resolution by the jury by reason of the provisions of I.”
Drury v. Palmer, 375 P.2d 125 (Idaho 1962). · cites it 4× “(I.C. § 49-701). It is not only the duty of the operator to look, but it is his duty to see and be cognizant of that which is plainly visible or obviously apparent, and a failure on his part in this regard, without proper justification or reason, makes him chargeable for failure…”
Coughran v. Hickox, 348 P.2d 724 (Idaho 1960). · cites it 4× “I.C. § 49-701, so far as applicable, provides: “(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.”
— Idaho Code § 49-701(a) — 5 cases
Gavica v. Hanson, 608 P.2d 861 (Idaho 1980). “[1] I.C. § 49-701, as quoted, was effective in 1974.”
Mann v. Gonzales, 605 P.2d 947 (Idaho 1980). “In this case, Mann contends that Gonzales failed to control his automobile in such a way as to avoid collision with Mann's automobile in violation of I.C. § 49-701(a). Mann also received an instruction to the effect that violation of this statute amounted to negligence per se.”
State v. Trimming, 406 P.2d 118 (Idaho 1965). “The appeal is designed to test whether, under I.C. § 49-701, driving a motor vehicle on a public highway in excess of the posted speed limit, in and of itself, constitutes a crime, particularly in the absence of any showing of conditions as to render the speed unreasonable and…”
Hawkins v. Chandler, 396 P.2d 123 (Idaho 1964).
Reed v. Green, 414 P.2d 445 (Idaho 1966).
— Idaho Code § 49-701(b) — 1 case
State v. Trimming, 406 P.2d 118 (Idaho 1965). “The appeal is designed to test whether, under I.C. § 49-701, driving a motor vehicle on a public highway in excess of the posted speed limit, in and of itself, constitutes a crime, particularly in the absence of any showing of conditions as to render the speed unreasonable and…”
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