The best answer for everything could be "apply the law to the facts". Do you have a drivers license? Apply the law to the facts. Can I be charged with such-and-such offense? Apply the law to the facts.
In re IDP: Apply the law to the facts.
here is a link for the founding version of the IDP law
http://www.idlicense.com/unconv.html
It has changed some over the years but remains substantially the same.
"ARTICLE 24 1. Each Contracting State shall allow any driver admitted to its territory who fulfills the conditions which are set out [over 18 years of age] and who holds a valid driving permit issued to him, after he has given proof of his competence, by the competent authority of another Contracting State or subdivision thereof, or by an association duly empowered by such authority, to drive on its roads without further examination motor vehicles of the category or categories defined in annexes 9 and 10 for which the permit has been issued."
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ANY DRIVER OVER 18! WHO HOLDS A VALID PERMIT FROM A CONTRACTING STATE! AFTER GIVING PROOF OF COMPETENCE! Roadside drivers test, anyone? Statutes usually provide for just that, a quick demonstration of competence, conducted by investigating agent, for drivers from outside USA/CANADA.
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"2. A Contracting State may however require that any driver admitted to its territory shall carry an international driving permit conforming to the model contained in annex 10, especially in the case of [b]a driver coming from a country where a domestic driving permit is not required or where the domestic permit issued to him does not conform to the [standard] model."
So its entirely possible that a driver holds a valid driving permit, under the laws of the home status, without actually being issued any driver licence instrument or one that is useless for making any determinations.
Now, as to the first part above, the so-called 'requirement to carry an IDP, especially when...' (no issued instrument, for example), we have the esteemed opinion of the Idaho Dept, available at
http://itd.idaho.gov/dmv/driverservi...onalpermit.htm
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"Foreign Drivers in Idaho
... Visitors must carry the foreign driver license and, in addition, it is suggested that visitors carry an International Driving Permit issued by officials in their country of residence. It is not mandatory that visitors have the International Driving Permit; it is merely a suggestion to aid law enforcement officials and others who need to know the actual content of the license. The International Driving Permit is a translation of the foreign license into the nine official languages of the United Nations, including English.
Since an International Driving Permit is not a driver license, merely a translation of the foreign driver license, it does not authorize any driving privileges. You may not drive in Idaho carrying just an International Driving Permit."
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So we can drive without ANY 'domestic drivers permit', ie- a drivers card, legally. And we dont need any IDP either, since its just a helpful suggestion, according to this IDAHO Dept. I Love the Idaho DMV, they are so helpful.
So how does IDAHO or any other state require us to carry a 'foreign license', which may not exist in the form of an instrument (a 'DL')? Are they in conflict with the Intl Treat which acknowledged to be law all of the US of A? Here is evidence for that, in the IDAHO opinion
"...The United States signed an agreement with many other countries to honor a foreign driver license for visitors to the United States for up to one year from the date of arrival. This privilege is made possible as a result of the United Nations Convention on Road Traffic (Geneva, 1949), and the Convention on the Regulation of American Automotive Traffic (Washington, 1943), both of which have been ratified by the United States."
"Visitors from foreign countries may drive non-commercially in Idaho using a foreign-issued driver license"
So where does this leave us? Lets sum up-
1. We are USA authorized by International Private Law to 'drive non-commercially' in the territory of the Contracting States.
2. Provided we hold a 'valid permit' under the law of a Contracting State. ( I am a Contracting State, A PRIVATE FREEHOLDER)
3. Even if the home state in question does not issue a 'domestic driving permit', or the same is 'non-conforming' (mine doesnt)
4. We are not required to carry the helpful convenient suggested IDP, because it is merely a translation of certain information in several languages.
Yet 'states may require the IDP' What does that mean?
The Int'l Convention in question provides the answer, in hint form.
"enable them to establish the identity of persons holding domestic or international driving permits when they are liable to proceedings for a driving offense... required to establish the identity of the owner or the person in whose name a foreign vehicle which has been involved in a serious accident is registered."
TO ESTABLISH THE IDENTITY WHEN (WHEN!) THEY ARE LIABLE FOR A DRIVING OFFENSE, OR INVOLVED WITH A TRAFFIC ACCIDENT!
So we CAN display an IDP, or an acceptable 'domestic permit', for just that purpose: to identify ourselves, should we choose to. To bond out on a driver infraction the MINIMUM is always going to be, name address age etc. Thats basic anyway. How handy to have an IDP to translate everythig for you and establish your identity in a place where you dont speak the language. I haoppen to speak English so I dont really need that in most of the Western World. Hand signals work well too.
Thats why the IDP's are so disposable, and basic (just cardboard with a picture stapled to it)- so you could even leave it with the cops as a bond, easy to use and understand. The convention establishes, among other things, that we have the same right to drive, and the smae liability to the laws of the territorial state, whether in 'domestic traffic', or 'international traffic'. There are only two choices, they cant be both at the same time, because every state usually requires us to 'declare the state of residence for driving purpose', even if you are otherwise resident in several states (maybe even the one where you are stopped!) For driving purpose I am resident in a contracting state party to the convention foreign to 'this state' and under international law.
Driving is analgous to boating and river traffic. The highways are like streams of water, we are in motion, and we must be flagged. So it's 'flag law', personal status law that applies based on the 'residence', or 'flag' of the person in question. Domestic rules for domestic vessels, International rules for foreign ones.
Apply the law to the facts. Same for registration, insurance, etc.
inverness@hushmail.com