49-325. MANDATORY REVOCATION BY DEPARTMENT — TEMPORARY RESTRICTED PERMIT. (1) The department shall revoke the operating privilege of any driver upon receiving a record of the person’s conviction of any of the following offenses, when the conviction has become final, if the court has not ordered the suspension or revocation of the privilege:

(a) Vehicular manslaughter;

(b) Any felony in the commission of which a motor vehicle is used, except that a court of competent jurisdiction shall have exclusive authority to suspend or revoke operating privileges upon conviction of a violation of the provisions of section 18-8004 or 18-8006, Idaho Code;

(c) Perjury or the making of a false affidavit or statement under oath to the department under any law relating to the ownership or operation of motor vehicles;

(d) Conviction, or forfeiture of bail, upon three (3) charges of reckless driving committed within a period of twelve (12) months;

(e) Conviction of a violation of the provisions of section 49-1301, Idaho Code. Revocation in this event shall be for a period of not less than one (1) year.

(2) Whenever any driver’s license, permit or operating privilege has been revoked by the department on the basis of subsections (1)(b) through (1)(e) of this section, the department may issue a temporary restricted permit, except when restricted operating privileges are specifically prohibited by other provisions of law.

(a) A temporary restricted permit shall specify the restrictions as to time and area of use and any further restrictions as the department, in its discretion, may impose.

(b) A temporary restricted permit may be issued to grant noncommercial driving privileges, but no temporary restricted permit shall be issued which grants driving privileges to operate a commercial motor vehicle.

History:

[49-325, added 1988, ch. 265, sec. 59, p. 601; am. 1989, ch. 88, sec. 37, p. 183; am. 2005, ch. 352, sec. 7, p. 1106.]