Idaho § 49-1809 - TOW PROCEDURE HEARING

Full text of Idaho Idaho Statutes § 49-1809 — TOW PROCEDURE HEARING, with citation guidance and answers to common questions.

§ 49-1809. TOW PROCEDURE HEARING

(1) Whenever an authorized officer initiates the tow or storage of a vehicle pursuant to the provisions of sections 49-1804 and 49-1805 , Idaho Code, the agency authorizing the tow or storage shall provide the vehicle’s registered and legal owners of record or their agents with the opportunity for a tow procedure hearing to determine the validity of the storage.

(2) In order to receive a tow procedure hearing, the owners or their agents must send a request for hearing in writing, to the department, within ten (10) calendar days of the date of the initial notice, pursuant to section 49-1807 (1)(c), Idaho Code. Any such hearing shall be conducted within forty-eight (48) hours of the request, excluding weekends and holidays. The public agency may authorize its own officer or employee to conduct the hearing, as long as the hearing officer is not the same person who directed the storage of the vehicle.

(3) Failure of either the titled or legal owner or his agent to request or to attend a scheduled hearing shall satisfy the tow procedure hearing requirement as to that person.

(4) The provisions of this section shall not apply to vehicles removed from posted property pursuant to section 49-1806 , Idaho Code.

(5) The agency employing the person who authorized the tow shall be responsible for the costs incurred for towing and storage if it is determined in the hearing that reasonable cause for the tow and storage cannot be established.

[49-1809, added 2025, ch. 218, sec. 2, p. 1030.]

Frequently Asked Questions About Idaho § 49-1809

What does Idaho Statutes § 49-1809 cover?

Section 49-1809 ("TOW PROCEDURE HEARING") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Idaho § 49-1809?

A common citation format is "Idaho Statutes § 49-1809" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Idaho law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.

How does Idaho § 49-1809 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.