§ 49-303 — WHICH PERSONS SHALL NOT BE LICENSED

The department shall not issue any driver’s license, any instruction permit, privileges, or right to drive and, if issued, shall revoke or cancel the driver’s license of a person who:
(1) As an operator of a vehicle requiring a class D driver’s license, is under the age of seventeen (17) years, except that the department may issue a driver’s license to any person who has successfully completed an approved driver’s training course, who has completed the requirements of a class D supervised instruction permit, and who is at least fifteen (15) years of age, with driving privileges restricted to daylight hours only pursuant to section 49-307 (10), Idaho Code, and with full privileges at sixteen (16) years of age. If a person who is at least fifteen (15) years but is under seventeen (17) years of age has successfully completed an approved driver’s training course and has been issued a driver’s license in another state, he may be issued a class D driver’s license in this state. Provided however, that a restricted school attendance driving permit may be issued to those persons meeting the criteria set forth in section 49-307A, Idaho Code.
(2) As an operator of a vehicle requiring a class D driver’s license, is under the age of seventeen (17) years and has not successfully completed an approved driver’s training course and has not satisfied the requirements of a class D supervised instruction permit. Provided however, that a restricted school attendance driving permit may be issued to those persons meeting the criteria set forth in section 49-307A, Idaho Code.
(3) As an operator of a commercial vehicle requiring a class A, B or C driver’s license, is under the age of eighteen (18) years.
(4) Applicants with less than one (1) year of driving experience, as evidenced by a previous driver’s license, shall not be issued a class A, B or C driver’s license or a class A, B or C instruction permit.
(5) As a driver, has had his license, class D instruction permit, restricted school attendance driving permit, privileges or right to drive suspended for the duration of the suspension, nor to any person who has had his class D driver’s training instruction permit or class D supervised instruction permit canceled for the duration of the cancellation, nor to any person whose license has been revoked, suspended, canceled or disqualified by this state or any other jurisdiction; provided however, where a driver’s license has been revoked, suspended, canceled or disqualified in any other jurisdiction, and the driver has completed the period of revocation, suspension, cancellation or disqualification as specified by the jurisdiction, that person may be granted a class D driver’s license in this state if five (5) years have elapsed from the time of eligibility for reinstatement in the other jurisdiction, even though the driver has not fulfilled the requirements for reinstatement in the other jurisdiction. Notwithstanding the provisions of this section, a person who has had his noncommercial Idaho driver’s license suspended may renew his driver’s license as provided in section 49-319, Idaho Code, which renewal shall be subject to the suspension.
(6) Has been adjudged by a court of competent jurisdiction to be a habitual drunkard or addicted to the use of narcotic drugs and such order has been received by the department.
(7) Has been adjudged by a licensed physician or by a court of competent jurisdiction to be afflicted with or suffering from any mental incompetence that would affect the person’s ability to safely operate a motor vehicle and who has not at the time of application been restored to competency by the methods provided by law and such order has been received by the department.
(8) Is required by the provisions of this chapter to take an examination, unless that person shall have successfully passed such examination.
(9) May be required under any law of this state to furnish proof of financial responsibility and who has not furnished that proof.
(10) The department has good cause to believe that the operation of a motor vehicle on the highways by that person would be harmful to public safety or welfare.
(11) Is disqualified for a class A, B or C driver’s license, except he may be issued a class D driver’s license.
(12) Is under eighteen (18) years of age, is not enrolled in school, and has not received a waiver pursuant to or has not satisfactorily completed school as provided in section 49-303A, Idaho Code.
(13) Is not a resident of the state of Idaho.
(14) Is not lawfully present in the United States.

Legislative History

[49-303, added 1988, ch. 265, sec. 37, p. 590; am. 1989, ch. 88, sec. 16, p. 172; am. 1989, ch. 426, sec. 1, p. 1054; am. 1990, ch. 45, sec. 16, p. 93; am. 1991, ch. 89, sec. 3, p. 200; am. 1992, ch. 115, sec. 8, p. 359; am. 1996, ch. 348, sec. 1, p. 1159; am. 1996, ch. 371, sec. 6, p. 1254; am. 1998, ch. 110, sec. 13, p. 394; am. 2000, ch. 214, sec. 4, p. 587; am. 2001, ch. 168, sec. 1, p. 580; am. 2002, ch. 235, sec. 2, p. 697; am. 2003, ch. 47, sec. 2, p. 177; am. 2007, ch. 110, sec. 1, p. 316; am. 2008, ch. 63, sec. 1, p. 155; am. 2008, ch. 194, sec. 3, p. 611; am. 2022, ch. 118, sec. 1, p. 426; am. 2023, ch. 17, sec. 2, p. 125; am. 2024, ch. 33, sec. 3, p. 233; am. 2024, ch. 40, sec. 1, p. 244.]