ITD Administrative Rules
ITD rules are compiled in Idaho Code and have the force and effect of law. IDAPA stands for the Idaho Administrative Procedures Act.
- 39.02.02, Rules Governing Vehicle & Vessel Dealer License Requirements – Motor Vehicles
- 39.02.03, Rules Governing Vehicle Dealer’s Principal Place of Business and Claims to the Idaho Consumer Asset Recovery Fund
- 39.02.05, Rules Governing Issuance of Certificates of Title
- 39.02.09, Rules Governing Requirements for Manufacturer’s Certificate of Origin (MCO)
- 39.02.70, Rules Governing Restricted Driving Permits
- 39.02.71, Rules Governing Driver’s License Violation Point System and Accident Prevention Courses
- 39.02.75, Rules Governing Names on Drivers’ Licenses and Identification Cards
- 39.02.76, Rules Governing Driver’s License and Identification Card Renewal-by-Mail and Electronic Renewal and Replacement Processes
- 39.03.40, Rules Governing Junkyards and Dumps
- 39.03.41, Rules Governing Traffic Control Devices
- 39.03.42, Rules Governing Highway Right-of-Way Encroachments on State Rights-of-Way
- 39.03.43, Rules Governing Utilities On State Highway Right-of-Way
- 39.03.44, Rules Governing Highway Relocation Assistance for Persons Displaced by Public Programs
- 39.03.47, Rules Governing Certification of Local Improved Road Mileage
- 39.03.48, Rules Governing Routes Exempt From Local Plans and Ordinances
Guidance Overview
Agency policy statements and guidance documents shall not have the force and effect of law pursuant to section 67-5207A, Idaho Code.
The purpose of the Governor’s Executive Order 2020-02 is to promote transparency in the decision making of state government. The Idaho Transportation Department (ITD) has undertaken a comprehensive review of guidance documents, including policies, manuals, memoranda and final orders that could affect the rights and interests of persons outside of the agency. Guidance documents serve to clarify existing statutes and regulations by guiding actions and decisions made by ITD. This web page is organized by subject and provides direct links to the guidance documents. Final orders and Hearing Officer Findings are also included for public knowledge and transparency, as well as their precedential value.
Within the topics are links to ITD guidance documents. Above each table, there is a box in the upper right-hand corner that allows the web user to search for relevant documents by typing in a word(s). The search results will display all the content in that table which contain the search word(s). Whenever possible, ITD has used common word titles to help the public better locate guidance documents of interest.
Once a guidance document of interest has been found, the table includes information such as a description, document type, and whether it is based on a law, rule, or other. A staff email point of contact is also provided for guidance documents.
Transportation Board & Administrative Policies
| Policy Purpose | Board Policy & Summary | Administrative Policy & Summary | Law, Rule | Contact |
|---|---|---|---|---|
| Authority to Sign Contracts, Agreements, and Grants and Requirement to Report Certain Contracts | B4001: This policy delegates authority related to contracts, agreements, and grants and establishes the reporting requirements. | A5001: This policy implements the board policy regarding the authority to sign contracts, agreements, and grants and the requirement to report certain contracts. | Law | Monica.Crider@itd.idaho.gov |
| Public Convenience | B4002: The policy underscores the importance of public convenience when making decisions that affect stakeholders. | n/a | Other | Lorraine.Dennis@itd.idaho.gov |
| Management of Department-owned Property | B4005: This policy instructs staff on maintaining access to the roadway and delegates authority related to real property. | A5005: This policy implements the board policy regarding managing access to the roadway and delegating authority related to real property. | Law | Justin.Pond@itd.idaho.gov |
| Open Meeting Requirements | B4008: This policy addresses open meeting requirements. | A5008: This policy provides advice on the open meeting requirements. | Law | Lorraine.Dennis@itd.idaho.gov |
| Release and Restriction of Records | B4009: The policy provides guidelines for the release and restriction of records. | A5009: The policy implements the board policy to establish guidelines for the release and restriction of records. | Law | Colby.Cameron@itd.idaho.gov |
| Idaho Transportation Investment Program | B4011: This policy directs the department to establish, maintain, and publish a Transportation Investment Program. | A5011: This policy implements the board policy regarding the Idaho Transportation Investment Program. | Law | Amy.Schroeder@itd.idaho.gov |
| Protecting and Maintaining State Highways | B4012: This policy delegates the responsibility for closing or restricting state highway use and clarifies the intent regarding state highway maintenance and eradicating and controlling Noxious weeds. | A5012: This policy implements the board policy regarding closing or restricting state highway use and notifying the media of closures or restrictions. | Law | Dave.Kuisti@itd.idaho.gov |
| Traffic Regulation | B4016: This policy provides guidance on traffic control devices and traffic regulations. | A5016: This policy implements the board policy regarding traffic control devices and traffic regulations. | Law | Kevin.Sablan@itd.idaho.gov |
| Equal Employment Opportunity and Fair Employment Practices | B4019: This policy directs the director to develop and implement a program to promote and maintain a diversified work force and to implement fair employment practices. | A5019: This policy implements the board policy regarding establishing procedures to implement fair employment practices and a program to promote and maintain a diversified work force and to implement fair employment practices. | Law | CivilRights@itd.idaho.gov |
| Public Hearings | B4024: This policy is to ensure the department seeks public involvement on transportation projects. | A5024: This policy expands on the board policy regarding public hearings and the role of the hearing officer. | Law | Mollie.McCarty@itd.idaho.gov |
| Appealing Department Actions and Orders | B4025: This policy establishes the process for individuals to appeal actions and orders. | A5025: This policy outlines the various types of appeals available to persons who are affected by department actions and orders and informs them of their statutory right to appeal an action or order. It also provides guidance to staff on which appeal process to follow. | Other | Tim.Thomas@itd.idaho.gov |
| Environmental Stewardship | B4026: This policy encourages the department to respect and protect the environment while providing transportation systems. | n/a | Other | Aaron.Scheff@itd.idaho.gov |
| Allocation of Federal Highway Formula Highway Apportionments to Local Public Agencies | B4028: This policy authorizes the Director to administer the formula apportionments received by Idaho and also to annually allocate a portion for surface transportation to Local Public Agencies. | A5028: This policy implements Board policy 4028. It describes local jurisdiction project identification and recommendation procedures for the federally funded Local Urban and Rural Programs established via Board policy 4028. | Other | Justin.Collins@itd.idaho.gov |
| Aeronautics Advisory Board | B4035: This policy establishes the duties of the Aeronautics Advisory Board. | A5035: This policy implements the board policy concerning the activities of the Aeronautics Advisory Board. | Other | Thomas.Mahoney@itd.idaho.gov |
| Aeronautical Activities | B4037: This policy assigns the director to develop, implement, and operate an aeronautical division. | A5037: This policy implements the board policy concerning the operations of the aeronautical division. | Law | Thomas.Mahoney@itd.idaho.gov |
| Public Transportation Program | B4038: This The policy outlines the department’s role in supporting public transportation throughout the state. | A5038: This policy implements the board policy regarding public transportation activities. | Law | Ron.Duran@itd.idaho.gov |
| Public Transportation Advisory Council | B4039: This policy outlines the Public Transportation Advisory Council’s advisory duties. | A5039: This policy implements the board policy regarding the activities of the Public Transportation Advisory Council. | Law | Ron.Duran@itd.idaho.gov |
| Dealer Advisory Board | B4040: This policy documents that the department can request the assistance of the Dealer Advisory Board regarding vehicle dealer and salesmen administrative procedures. | A5040: This policy implements the board policy regarding the activities of the Dealer Advisory Board. | Law | Brian.Goeke@itd.idaho.gov |
| Sponsorship of Department Programs | B4041: This policy delegates authority to seek sponsorship of certain programs. | n/a | Other | Scott.Stokes@itd.idaho.gov |
| Trucking Advisory Council | B4042: This policy establishes a Trucking Advisory Council to assist with issues in the trucking industry. | A5042: This policy implements the board policy concerning the activities of the Trucking Advisory Council. | Other | Lisa.McClellan@itd.idaho.gov |
| Idaho Traffic Safety Commission | B4043: This policy establishes the Traffic Safety Commission to review traffic safety issues. | A5043: This policy implements the board policy establishing the Traffic Safety Commission. | Law | Josephine.Middleton@itd.idaho.gov |
| Safety Rest Areas | B4044: This policy provides guidance to provide safety rest areas for the traveling public and Oasis Partnerships. | A5044: This policy implements the board policy concerning safety rest areas. | Law & Other | Ty.Winther@itd.idaho.gov |
| Right-of-Way Fencing | B4046: This policy establishes guidelines for right-of-way fencing on the state highway system. | A5046: This policy establishes guidelines for right-of-way fencing on the state highway system. | Law | Ty.Winther@itd.idaho.gov |
| Entering Private Property | B4047: This policy instructs the director to establish a policy regarding entering onto private property. | A5047: This policy establishes guidelines regarding entering onto private property. | Law | Justin.Pond@itd.idaho.gov |
| Freight Advisory Committee | B4048: This policy establishes the Freight Advisory Committee. | A5048: This policy establishes the goals, objectives, and expectations of the Freight Advisory Committee. | Other | Caleb.Forrey@itd.idaho.gov |
| Bicycle and Pedestrian | B4050: This policy promotes the commitment to a safe and efficient transportation system that integrates all modes of transportation. | A5050: This policy implements the board policy committing to a safe and efficient transportation system that integrates all modes of transportation. | Other | Scott.Luekenga@itd.idaho.gov |
| Facilities and Equipment | B4051: This policy establishes that the facilities and equipment can only be used for transportation and public purposes. | A5051: This policy establishes requirements for the use of department facilities and equipment. | Law | Michelle.Doane@itd.idaho.gov |
| Release of Department information to the Media | A5057: This policy establishes rules governing the release of information to the news media. | Other | John.Tomlinson@itd.idaho.gov | |
| State Highway System Adjustments | B4061: This policy establishes the procedures for adjustments to the state highway system. | A5061: This policy establishes the procedures to make adjustments to the state highway system. | Law | Scott.Luekenga@itd.idaho.gov |
| Port of Entry Program | B4062: This policy establishes a program to monitor and control the sizes and weights of all vehicles using Idaho highways. | A5062: This policy establishes a program to monitor and control the sizes and weights of all vehicles using Idaho highways. | Law | Craig.Roberts@itd.idaho.gov |
| 129,000 Pound Vehicle Truck Routes | B4063: This policy establishes the procedures for designating 129,000 pound vehicle combination routes. | n/a | Law | Craig.Roberts@itd.idaho.gov |
| Classification and Maintenance of State-owned and/or Operated Airports | B4064: This policy authorizes the director to define the use of state-owned and/or operated airports and establish maintenance levels. | A5064: This policy defines the use of state-owned and/or operated airports and establishes maintenance levels. | Law | Thomas.Mahoney@itd.idaho.gov |
| Acquisition and Closure of State Airports | B4065: This policy assigns the director responsibility to submit recommendations for acquisition or closure of state airports. | A5065: This policy implements the board policy regarding recommendations for acquisition or closure of state airports. | Law | Thomas.Mahoney@itd.idaho.gov |
| Responsibilities of the DMV and County offices for sharing motor vehicle and driver’s license information. | B4068: This policy defines the responsibilities of the DMV and County offices regarding sharing motor vehicle and driver’s license information. | A5068: This policy implements the board policy on the responsibilities of sharing motor vehicle and driver's license information. | Law | Lisa.McClellan@itd.idaho.gov |
| Corridor Planning for Idaho Transportation Systems | B4069: This policy authorizes the director to conduct a corridor planning process. | A5069: This policy implements the board policy on the corridor planning process. | Other | Scott.Luekenga@itd.idaho.gov |
| Overlegal Permit Operations | B4072: This policy defines the authority on issuing overlegal vehicle or load permits. | A5072: This policy addresses the issuance of overlegal permits. | Law | Craig.Roberts@itd.idaho.gov |
| Registration, Fuel and Mileage Tax, and the Cost of Overlegal Permit Exemptions | B4073: This policy authorizes the director to review requests for exemption from specific Division of Motor Vehicle-related costs. | A5073: This policy implements the board policy regarding requests for exemption from specific Division of Motor Vehicle-related costs. | Law | Craig.Roberts@itd.idaho.gov |
| Suspension of Motor Vehicle Procedures During Disaster Relief Operations | B4074: This policy authorizes the director to waive certain motor vehicle procedures in times of disaster relief operations. | n/a | Law | Lisa.McClellan@itd.idaho.gov |
| Assistance to Idaho’s Airports | B4075: This policy defines the department’s role in aeronautics and its responsibility regarding public airports. | A5075: This policy implements the corresponding board policy and defines the Idaho Airport Aid Program and the Division of Aeronautics’ input to the Idaho Transportation Investment Program. | Law | Thomas.Mahoney@itd.idaho.gov |
| Department Legislation and Legislation Endorsements | B4077: This policy establishes the process for the department’s legislation and the review of external legislation when requested. | n/a | Other | Mollie.McCarty@itd.idaho.gov |
| Board Meetings and Resolutions | B4078: This The policy provides guidance on conducting board meetings and the use of resolutions. | n/a | Law | Lorraine.Dennis@itd.idaho.gov |
| Transportation Alternatives Program | B4081: This policy provides guidance for the Transportation Alternatives Program. | A5081: This policy implements the board policy regarding the Transportation Alternatives Program. | Law | Dave.Kuisti@itd.idaho.gov |
| Idaho Byways Program | B4082: This policy provides guidance on designating a Scenic Byway, Historic Byway, or Back Country Byway. | A5082: This policy establishes guidelines for the Idaho Byways Advisory Committee and administrative procedures. | Other | Scott.Luekenga@itd.idaho.gov |
| Rail-Highway Crossing Program | B4085: This policy provides guidance on the Rail-Highway Crossing Program. | A5085: This policy provides guidance on the management of the Rail-Highway Crossing Program. | Law | Scott.Luekenga@itd.idaho.gov |
| Public Transportation Interagency Working Group | B4089: This policy provides guidance and streamlines processes and coordination with agencies that expend public transportation funding. | A5089: This policy provides guidance and streamlines processes and coordination with agencies that expend public transportation funding. | Law | Ron.Duran@itd.idaho.gov |
| Congestion Mitigation and Air Quality Improvement Program | B1105: This policy provides guidance on the Congestion Mitigation and Air Quality Improvement Program. | A1105: This policy provides guidance on the Congestion Mitigation and Air Quality Improvement Program. | Law | Scott.Luekenga@itd.idaho.gov |
| Disaster/Emergency Support and FHWA Emergency Relief | n/a | A5515: This policy delegates responsibilities and procedures in the event of a disaster or emergency. | Other | Travis.Hire@itd.idaho.gov |
| Purchase, Payment, Inventory, and Disposal of State Personal Property | n/a | A5538: This policy defines the responsibility for the Department's purchase, payment, inventory and disposal of state personal property. | Law | Michelle.Doane@itd.idaho.gov |
Final Orders
| Section | Subject & Link to Document | Date Issued | Pleading | Parties | Hearing Officer |
|---|---|---|---|---|---|
| DMV | Overlegal Permit: Findings | 12-28-2010 | Hearing Officer's Findings | Laughy, Et Al ConocoPhillips Emmert Int’l | Merlyn W. Clark |
| DMV | Overlegal Permit: Final Order | 01-18-2011 | Director’s Final Order | Laughy, Et Al ConocoPhillips Emmert Int’l | |
| DMV | Overlegal Permit: Findings | 06-27-2011 | Hearing Officer's Findings | Laughy, Et Al Friends of the Clearwater, Imperial Oil, Mammoet | D. Duff McKee |
| DMV | Overlegal Permit: Final Order | 09-07-2011 | Director’s Final Order | Laughy, Et Al Friends of the Clearwater, Imperial Oil, Mammoet | |
| District 5 | Encroachment Permit (Access): Findings | 03-21-2013 | Hearing Officer's Findings | Brandon M. Roberts | John C. Lynn |
| District 5 | Encroachment Permit (Access): Final Order | 07-01-2013 | Director’s Final Order | Brandon M. Roberts | |
| District 1 | Encroachment Permit (Access): Findings | 01-06-2014 | Hearing Officer's Findings | Chris-Sarah One LLC | Stephen A. Bywater |
| District 1 | Encroachment Permit (Access): Final Order | 04-03-2014 | Director’s Final Order | Chris-Sarah One LLC | |
| District 3 | Bid Protest | 09-09-2018 | Hearing Officer's Findings | Knife River Corporation | D. Duff McKee |
| District 5 | Outdoor Advertising Sign: Findings | 02-15-2019 | Hearing Officer's Findings | Spartan Portneuf, LLC | Stephen A. Bywater |
| District 5 | Outdoor Advertising Sign: Final Order | 05-06-2019 | Director’s Final Order | Spartan Portneuf, LLC | |
| District 6 | Encroachment Permit (Access): Findings | 01-03-2020 | Hearing Officer's Findings | Creekside Meadows, LLC | Stephen A. Bywater |
| DMV | “Out of State” Title Dispute: Findings | 11-06-2023 | Hearing Officer's Findings | Scott Hyrum Rencher | W. Scott Zanzig |
| DMV | “Rebuilt Salvage” Title Recall: Findings | 07-30-2024 | Hearing Officer's Findings | Martin Equipment | Leslie M. Hayes |
| DMV | License Plate Recall: Findings | 05-14-2025 | Hearing Officer's Findings | Katherine Bochu | Bryan A. Nickels |
| DMV | License Plate Recall: Findings | 05-16-2025 | Hearing Officer's Findings | Levi Hawley | Merrit Dublin |
| DMV | License Plate Recall: Findings | 07-01-2025 | Hearing Officer's Findings | Albert Veenstra | Leslie M. Hayes |