Idaho Code
Chapter 16 - DEALERS AND SALESMEN LICENSING
Section 49-1608 - LICENSE BOND.

49-1608. LICENSE BOND. (1) Before any dealer’s license shall be issued by the department to any applicant, the applicant shall procure and file with the department good and sufficient bond in the amount shown, conditioned that the applicant shall not practice any fraud, make any fraudulent representation or violate any of the provisions of this chapter, rules of the department, or the provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, Idaho Code, or federal motor vehicle safety standards, or odometer fraud in the conduct of the business for which he is licensed.
(a) A dealer exclusively in the business of motorcycle, motor-driven cycle and motorbike sales, all-terrain vehicles, utility type vehicles, truck campers and snow machine sales, ten thousand dollars ($10,000).
(b) Any wholesale dealer in the business of wholesaling used vehicles of all types, forty thousand dollars ($40,000). Such wholesale dealer licensees shall be exempt from participating in the Idaho consumer asset recovery fund as provided in sections 49-1608B through 49-1608F, Idaho Code.
(c) All other dealers, twenty thousand dollars ($20,000).
(2) The bond required in this section may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of the amounts set forth in this section. The bond shall be in the following form:
(a) A corporate surety bond, by a surety licensed to do business in this state; or
(b) A certificate of deposit, in a form prescribed by the director; or
(c) A cash deposit with the director.
(3) If a bond is canceled or otherwise becomes invalid, upon receiving notice of the cancellation or invalidity, the department shall immediately suspend the dealer’s license and take possession of the license itself, all vehicle plates used in the business and all unused title applications of the licensee. The licensee is entitled to a hearing which shall be held within twenty (20) days of the suspension. Upon receiving notice that a valid bond is in force, the department shall immediately reinstate the license.
(4) The bond requirements of this section shall be satisfied if the applicant is a duly licensed manufactured home dealer in accordance with chapter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho Code, otherwise meets the requirements of this section. The amount of the bond shall be in the amount as required in this section or that required in section 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a certified copy of the bond as required in section 44-2103, Idaho Code, to the department.

History:
[(49-1608) 49-2409, added 1978, ch. 243, sec. 5, p. 530; am. 1979, ch. 187, sec. 2, p. 548; am. 1982, ch. 95, sec. 112, p. 257; am. 1985, ch. 117, sec. 11, p. 260; am. 1987, ch. 109, sec. 1, p. 221; am. 1988, ch. 140, sec. 1, p. 253; am. and redesig. 1988, ch. 265, sec. 381, p. 766; am. 1989, ch. 310, sec. 28, p. 800; am. 1990, ch. 152, sec. 1, p. 337; am. 1991, ch. 272, sec. 10, p. 699; am. 2006, ch. 42, sec. 7, p. 129; am. 2008, ch. 106, sec. 5, p. 301; am. 2008, ch. 198, sec. 8, p. 643; am. 2015, ch. 53, sec. 1, p. 125.]

Structure Idaho Code

Idaho Code

Title 49 - MOTOR VEHICLES

Chapter 16 - DEALERS AND SALESMEN LICENSING

Section 49-1601 - UNLICENSED DEALERS AND SALESMEN PROHIBITED.

Section 49-1602 - ADMINISTRATION — POWERS AND DUTIES.

Section 49-1603 - DEALER ADVISORY BOARD — DUTIES.

Section 49-1604 - RECORDS AS EVIDENCE.

Section 49-1605 - CHANGE OF FRANCHISE STATUS.

Section 49-1606 - CLASSES OF LICENSES — NONRESIDENT DEALERS.

Section 49-1607 - FEES — FUNDS — EXPENSES — EXPIRATION OF LICENSES.

Section 49-1608 - LICENSE BOND.

Section 49-1608A - DEALER AND MANUFACTURER LIABILITY INSURANCE.

Section 49-1608B - IDAHO CONSUMER ASSET RECOVERY FUND ESTABLISHED — EXPENDITURES AUTHORIZED.

Section 49-1608C - CREATION OF BOARD AND FEES.

Section 49-1608D - NEW APPLICANTS AND SUSPENSION OF FEES.

Section 49-1608E - SUBMISSION OF CLAIMS.

Section 49-1608F - PAYMENT OF CLAIMS — MAXIMUM.

Section 49-1609 - MANUFACTURER OR DEALER TO GIVE NOTICE OF SALE OR TRANSFER.

Section 49-1609A - SATISFACTION OF LIENS PRIOR TO RESALE OF VEHICLE.

Section 49-1610 - RIGHT OF ACTION FOR LOSS BY FRAUD — PROCESS.

Section 49-1611 - DISPLAY, FORM AND CUSTODY OF DEALER’S AND SALESMAN’S LICENSE.

Section 49-1612 - NOTICE OF CHANGE OF ADDRESS.

Section 49-1613 - UNLAWFUL ACTS BY LICENSEE.

Section 49-1614 - TERMINATION, CANCELLATION OR NONRENEWAL.

Section 49-1615 - SUCCESSION TO OWNERSHIP.

Section 49-1616 - LIMITATIONS ON ESTABLISHING OR RELOCATING DEALERS.

Section 49-1617 - PROTESTS — HEARINGS — COSTS.

Section 49-1618 - DENIAL OR REVOCATION OF LICENSE REQUIRES HEARING.

Section 49-1619 - PRODUCTION OF WITNESSES AND DOCUMENTS.

Section 49-1620 - REPORT OF FINDINGS.

Section 49-1621 - JUDICIAL REVIEW.

Section 49-1622 - PRODUCT LIABILITY RESPONSIBILITY.

Section 49-1623 - PRODUCT LIABILITY INDEMNIFICATION.

Section 49-1624 - DISCLOSURE OF DAMAGE REQUIRED.

Section 49-1625 - REPAIRED DAMAGE NOT GROUNDS FOR REJECTION.

Section 49-1626 - PAYMENT FOR DELIVERY PREPARATION AND WARRANTY SERVICE.

Section 49-1627 - USE OF DEALER AND MANUFACTURER LICENSE PLATE.

Section 49-1628 - USE OF VEHICLE DEALER LOANER PLATE.

Section 49-1629 - ODOMETERS.

Section 49-1630 - PURCHASER PLAINTIFF TO RECOVER COSTS AND ATTORNEY’S FEES.

Section 49-1632 - APPLICABILITY OF CHAPTER.

Section 49-1633 - LIMITATIONS.

Section 49-1634 - DEALER SALES — MINIMUM SALES REQUIRED FOR LICENSE RENEWAL.

Section 49-1636 - CONSIGNMENT SALES.

Section 49-1637 - EDUCATION REQUIREMENTS FOR VEHICLE DEALERS.

Section 49-1638 - MANUFACTURER INCENTIVE PROGRAMS FOR MOTOR VEHICLE DEALERS.