Idaho State Statutes - Idaho Attorney Directory

(1) Whenever any peace
officer finds a vehicle in violation of any of the provisions of section
49-659, Idaho Code, the officer is authorized to move the vehicle, or require
the driver or other person in charge of the vehicle to move it to a position
off the roadway.
(2) Any peace officer is authorized to remove or cause to be removed to a
place of safety any unattended vehicle illegally left standing upon any
highway in a position or under circumstances as to obstruct the normal
movement of traffic.
(3) Any peace officer is authorized to remove or cause to be removed to
the nearest garage or other place of safety any vehicle found upon a highway
when:
(a) A report has been made that the vehicle has been stolen or taken
without the consent of its owner; or
(b) The person or persons in charge of the vehicle are unable to provide
for its custody or removal; or
(c) The person driving or in control of the vehicle is arrested for an
alleged offense for which the officer is required by law to take the
person arrested before a proper magistrate without unnecessary delay.
(4) Whenever any peace officer finds a vehicle inoperable as a result of
an accident and standing upon a highway, the officer is authorized to require
the driver or other person in charge of the vehicle to have the vehicle
removed from the scene of the accident to a position off the paved or
main-traveled part of the highway. In the event that the owner of the vehicle
is left incapacitated resulting from injuries suffered from the accident, the
officer is authorized to have the inoperative vehicle moved from the scene to
the nearest garage or other place of safety.
(5) A peace officer is authorized to require the removal from the
main-traveled part of the highway cargo or debris caused by a motor vehicle
accident, provided that:
(a) The accident occurs with no apparent serious personal injury or
death; and
(b) The removal can be accomplished safely and the removal will result in
the improved safety or convenience of travel on the highway.
(6) A transportation department employee in the exercise of the
management, control and maintenance of a highway of the state highway system
may assist in the removal from the main-traveled part of the highway cargo or
debris caused by a motor vehicle accident when directed by a peace officer.
(7) Neither the peace officer nor transportation department employee, nor
anyone acting under the direction of the officer is liable for damage to the
motor vehicle, cargo or debris caused by reasonable efforts of removal.
(8) Nothing herein shall be construed to interfere with the duty of any
city, county or state police officer to investigate and detect crime and
enforce the penal, traffic or highway laws of this state or any political
subdivision.

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