HOUSE BILL NO. 103

View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating text to be removed.

Daily Data Tracking History



H0103............................................by TRANSPORTATION AND DEFENSE
DRIVERS - UNDER 16 - Amends existing law to allow a person under sixteen years
of age who holds a valid Class D driver's license to drive after dark if the
person is accompanied by another person who holds a valid driver's license and
is twenty-one years of age or older and is actually occupying the seat beside
the licensee under sixteen years of age, and the two licensed drivers are the
only occupants of the front passenger section of the vehicle.
                                                                        
01/23    House intro - 1st rdg - to printing
01/24    Rpt prt - to Transp
01/31    Rpt out - rec d/p - to 2nd rdg
02/03    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 64-1-5
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bieter, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Miller,
      Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo,
      Roberts, Robison, Rydalch, Sali, Sayler, Schaefer(Schaefer), Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Tilman, Wood, Mr. Speaker
      NAYS -- Bell
      Absent and excused -- Field(18), Harwood, Meyer, Trail, Wills
    Floor Sponsor - Wood
    Title apvd - to Senate
02/05    Senate intro - 1st rdg - to Transp
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 34-1-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
      Inram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- Davis
      Absent and excused -- None
    Floor Sponsor - Keough
    Title apvd - to House
03/04    To enrol
03/05    Rpt enrol - Sp signed
03/06    Pres signed
03/07    To Governor
03/13    Governor signed
         Session Law Chapter 47
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 103
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CLASS D MOTOR VEHICLE DRIVER'S LICENSES; AMENDING SECTION  49-302,
  3        IDAHO CODE, TO PROVIDE REFERENCE TO A CODE SECTION AND TO MAKE A TECHNICAL
  4        CORRECTION; AMENDING SECTION 49-303, IDAHO CODE, TO PROVIDE REFERENCE TO A
  5        CODE  SECTION;  AND AMENDING SECTION 49-307, IDAHO CODE, TO ALLOW A PERSON
  6        UNDER SIXTEEN YEARS OF AGE WHO HOLDS A VALID CLASS D DRIVER'S  LICENSE  TO
  7        DRIVE AFTER DARK IF THE LICENSEE UNDER SIXTEEN YEARS OF AGE IS ACCOMPANIED
  8        BY  ANOTHER  PERSON  WHO  HOLDS A VALID DRIVER'S LICENSE AND IS TWENTY-ONE
  9        YEARS OF AGE OR OLDER AND IS ACTUALLY OCCUPYING A SEAT BESIDE THE LICENSEE
 10        UNDER SIXTEEN YEARS OF AGE, AND THE TWO  LICENSED  DRIVERS  ARE  THE  ONLY
 11        OCCUPANTS  OF  THE  FRONT  PASSENGER  SECTION OF THE VEHICLE AND TO MAKE A
 12        TECHNICAL CORRECTION.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 49-302, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        49-302.  WHAT  PERSONS  ARE EXEMPT FROM LICENSE. The following persons are
 17    exempt from licensing if driving privileges are not suspended, cancelled  can-
 18    celed, revoked, disqualified, denied or refused:
 19        (1)  Any  person  while driving or operating any farm tractor or implement
 20    of husbandry when incidentally operated on a highway.
 21        (2)  Farmers are exempt from obtaining a class A, B or C driver's  license
 22    to operate a commercial motor vehicle which is:
 23        (a)  Controlled and operated by a farmer, including operation by employees
 24        or family members; and
 25        (b)  Used  to transport either agricultural products, farm machinery, farm
 26        supplies, or both, to or from a farm; and
 27        (c)  Not used in the operations of a common or contract motor carrier; and
 28        (d)  Used within one hundred fifty (150) miles of the person's farm.
 29        (3)  Any person is exempt from obtaining  a  class  A,  B  or  C  driver's
 30    license  for the operation of commercial motor vehicles which are necessary to
 31    the preservation of life or property or the execution of emergency  governmen-
 32    tal  functions, are equipped with audible and visual signals, and are not sub-
 33    ject to normal traffic regulations.
 34        (4)  Any person is exempt from obtaining a class A,  B  or  C  license  to
 35    operate  a  commercial vehicle which is exclusively used to transport personal
 36    possessions or family members for nonbusiness or recreational purposes.
 37        (5)  A nonresident who is at least fifteen (15) years of age and  who  has
 38    in his immediate possession a valid driver's license issued to him in his home
 39    state or country may operate a motor vehicle in Idaho only as a class D opera-
 40    tor  with  driving privileges restricted to daylight hours only except as pro-
 41    vided in section 49-307(7), Idaho Code, and with full  privileges  at  sixteen
 42    (16) years of age, and only if Idaho residency is not established.
 43        (6)  A  nonresident  who is at least fifteen (15) years of age and who has
                                                                        
                                           2
                                                                        
  1    in his possession a valid driver's license with a  motorcycle  endorsement  or
  2    who has a valid motorcycle driver's license issued to him in his home state or
  3    country  may  operate a motorcycle in Idaho with driving privileges restricted
  4    to daylight hours only, and with full privileges at sixteen (16) years of age.
  5        (7)  A nonresident who has in his immediate possession a valid  commercial
  6    driver's  license  issued  to  him  in his home state or country may operate a
  7    motor vehicle in Idaho.
  8        (8)  A nonresident on active duty in the armed forces of the United States
  9    who has a valid driver's license issued by his  home  jurisdiction,  and  such
 10    nonresident's  spouse  or  dependent  son or daughter who has a valid driver's
 11    license issued by such person's home jurisdiction.
 12        (9)  Any active duty military personnel, active duty U.S. coast guard per-
 13    sonnel, and members of the reserves and national guard on active duty  includ-
 14    ing  personnel on full-time national guard duty, personnel on part-time train-
 15    ing and national guard military technicians who as civilians are  required  to
 16    wear  military  uniforms  and are subject to the code of military justice, are
 17    exempt from obtaining a commercial driver's license to operate military  vehi-
 18    cles. This exemption does not apply to U.S. reserve technicians.
 19        (10) Any  person  with  a  valid  driver's license issued in their name is
 20    exempt from the requirement to obtain a motorcycle endorsement on the  license
 21    when operating a motorcycle on highways or sections of highways designated for
 22    unregistered motorcycle use under section 49-426(3), Idaho Code.
                                                                        
 23        SECTION  2.  That  Section  49-303, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        49-303.  WHAT PERSONS SHALL NOT BE  LICENSED.  The  department  shall  not
 26    issue  any  driver's  license,  any instruction permit, privileges or right to
 27    drive and if issued, may revoke or cancel the driver's  license  of  a  person
 28    who:
 29        (1)  As  an operator of a vehicle requiring a class D driver's license, is
 30    under the age of seventeen (17) years, except that the department may issue  a
 31    driver's  license  to  any  person  who has successfully completed an approved
 32    driver training course, has completed the requirements of a class D supervised
 33    instruction permit, and who is at least fifteen (15) years of age, with  driv-
 34    ing privileges restricted to daylight hours only except as provided in section
 35    49-307(7),  Idaho Code, and with full privileges at sixteen (16) years of age.
 36    The restriction of daylight hours only shall mean that period of time one-half
 37    (1/2) hour before sunrise to one-half (1/2) hour after sunset. If a person who
 38    is at least fifteen (15) years but is under seventeen (17) years  of  age  has
 39    successfully  completed  an  approved  driver's  training  course and has been
 40    issued a driver's license in another state, he may be issued a  class  D  dri-
 41    ver's license in this state. Provided however, that a restricted school atten-
 42    dance  driving  permit may be issued to those persons meeting the criteria set
 43    forth in section 49-307A, Idaho Code.
 44        (2)  As an operator of a vehicle requiring a class D driver's license,  is
 45    under  the  age  of seventeen (17) years and has not successfully completed an
 46    approved driver training course and has not satisfied the  requirements  of  a
 47    class  D  supervised  instruction  permit. Provided however, that a restricted
 48    school attendance driving permit may be issued to those  persons  meeting  the
 49    criteria set forth in section 49-307A, Idaho Code.
 50        (3)  As  an  operator  of a commercial vehicle requiring a class A, B or C
 51    driver's license is under the age of eighteen (18) years.
 52        (4)  Applicants with less than one (1) year of driving experience, as evi-
 53    denced by a previous driver's license shall not be issued a class A,  B  or  C
                                                                        
                                           3
                                                                        
  1    driver's license or a class A, B or C instruction permit.
  2        (5)  As  a  driver  has  had  his  license,  class  D  instruction permit,
  3    restricted  school attendance driving permit, privileges  or  right  to  drive
  4    suspended  for  the  duration of the suspension, nor to any person who has had
  5    his class D  driver's  training  instruction  permit  or  class  D  supervised
  6    instruction  permit  canceled for the duration of the cancellation, nor to any
  7    person whose license has been revoked, suspended, canceled or disqualified  by
  8    this  state  or  any  other  jurisdiction;  provided however, where a driver's
  9    license has been revoked, suspended, canceled or  disqualified  in  any  other
 10    jurisdiction,  and  the driver has completed the period of revocation, suspen-
 11    sion, cancellation or disqualification as specified by the jurisdiction,  that
 12    person  may  be  granted  a class D driver's license in this state if five (5)
 13    years have elapsed from the time of eligibility for reinstatement in the other
 14    jurisdiction, even though the driver has not fulfilled  the  requirements  for
 15    reinstatement in the other jurisdiction.
 16        (6)  Is an habitual drunkard, or is addicted to the use of narcotic drugs.
 17        (7)  Has  previously  been adjudged to be afflicted with or suffering from
 18    any mental disability or disease and who has not at the  time  of  application
 19    been restored to competency by the methods provided by law.
 20        (8)  Is required by the provisions of this chapter to take an examination,
 21    unless that person shall have successfully passed such examination.
 22        (9)  May  be  required  under  any  law  of this state to furnish proof of
 23    financial responsibility and who has not furnished that proof.
 24        (10) The department has good cause to believe  that  the  operation  of  a
 25    motor vehicle on the highways by that person would be harmful to public safety
 26    or welfare.
 27        (11) Is  disqualified  for  a  class  A,  B or C license, except he may be
 28    issued a class D driver's license.
 29        (12) Is under eighteen (18) years of age and is not  enrolled  in  school,
 30    has  not  received  a  waiver  pursuant to or has not satisfactorily completed
 31    school as provided in section 49-303A, Idaho Code.
 32        (13) Is not a resident of the state of Idaho.
                                                                        
 33        SECTION 3.  That Section 49-307, Idaho Code, be, and the  same  is  hereby
 34    amended to read as follows:
                                                                        
 35        49-307.  FEE  FOR  CLASS D DRIVER'S TRAINING INSTRUCTION PERMIT -- CLASS D
 36    SUPERVISED INSTRUCTION PERMIT. (1) Every enrollee of a class D driver training
 37    course in a public school shall pay a  nonrefundable  fee  of  thirty  dollars
 38    ($30.00).  Twenty-five dollars ($25.00) of each fee so imposed shall be depos-
 39    ited in the driver training account and five dollars ($5.00) will be deposited
 40    in the county current expense fund.
 41        (2)  Every enrollee of a class D driver's training  course  offered  by  a
 42    commercial  business  shall  pay  a nonrefundable fee of ten dollars ($10.00).
 43    Five dollars ($5.00) of the fee so imposed shall be deposited  in  the  driver
 44    training  account  and  five  dollars ($5.00) shall be deposited in the county
 45    current expense fund.
 46        (3)  Each enrollee of a class D driver training course shall  provide  the
 47    type of information required for a driver's license or instruction permit, but
 48    the  class  D  driver's  training  instruction  permit  shall be issued to the
 49    instructor of the course, and the class D driver training  instruction  permit
 50    shall  expire  one  (1)  year  from the issue date. No enrollee of any class D
 51    driver training course shall be allowed to attend classes  or  participate  in
 52    driving  instruction  unless  he  has  obtained  a  class  D driver's training
 53    instruction permit.
                                                                        
                                           4
                                                                        
  1        (4)  Upon successful completion of the class D driver's  training  course,
  2    the  driver's  training  instructor  shall  date and sign the class D driver's
  3    training instruction permit over to the parent or legal guardian of  the  per-
  4    mittee,  and the parent or legal guardian shall also date and sign the class D
  5    driver's training permit and in so doing agrees to assume  responsibility  for
  6    ensuring  that  the  permittee  complies  with the requirements of operating a
  7    vehicle with a class D supervised instruction permit.  The  signed  and  dated
  8    class  D  driver's  training  instruction permit shall then serve as a class D
  9    supervised instruction permit.
 10        (5)  No permittee may apply for a class D  driver's  license  sooner  than
 11    fifteen  (15) years of age and no sooner than four (4) months after completing
 12    a class D driver's training course, during which time the permittee shall sat-
 13    isfy all requirements for operation of a class D vehicle with a class D super-
 14    vised instruction permit as follows:
 15        (a)  The permittee shall not operate a vehicle unless he is accompanied by
 16        a driver who holds a valid driver's license, is twenty-one (21)  years  of
 17        age  or  older,  and who is actually occupying a seat beside the permittee
 18        driver. The supervising driver and the permittee shall be the  only  occu-
 19        pants of the front passenger section of the vehicle.
 20        (b)  The  permittee  shall  accumulate at least fifty (50) hours of super-
 21        vised driving time, ten (10) hours of which shall be during hours of dark-
 22        ness.
 23        (c)  The permit shall be in the permittee's immediate  possession  at  all
 24        times while operating a vehicle.
 25        (d)  In  addition  to the permittee driver and the supervising driver, all
 26        other occupants of the vehicle shall wear a seat belt or be restrained  by
 27        child passenger restraints as required by law.
 28        (e)  The  permittee  is  subject to the provisions of sections 18-1502 and
 29        18-8004, Idaho Code, relating to violation of age restrictions on consump-
 30        tion of beer, wine, and alcohol and driving under the influence  of  alco-
 31        hol, drugs or any other intoxicating substances, respectively.
 32        (f)  The  permittee  shall  not  have been convicted of any moving traffic
 33        violation, or have had driving privileges suspended by the  department  or
 34        the  court  for  any  offense,  or  found to be in violation of any of the
 35        restrictions on the class D supervised instruction permit, for a period of
 36        at least four (4) months from the date the  driver's  training  instructor
 37        signed the permit over to the parent or legal guardian, or from the date a
 38        cancelled  canceled class D supervised instruction permit was reissued, or
 39        until the permittee reaches seventeen (17) years of age.
 40        (g)  If the permittee is convicted of a violation of any traffic  law,  or
 41        section  18-1502,  Idaho Code, or section 18-8004, Idaho Code, or is found
 42        to be in violation of any of the restrictions on the  class  D  supervised
 43        instruction  permit,  the  department  shall cancel the class D supervised
 44        instruction permit, and the cancellation shall not be  used  to  establish
 45        rates  of  motor vehicle insurance charged by a casualty insurer. The per-
 46        mittee may reapply for and be issued a new class D supervised  instruction
 47        permit  upon  payment of the appropriate fees, and shall again be required
 48        to operate with the class D supervised instruction  permit  for  at  least
 49        four  (4)  months from the date of reissue without a conviction or suspen-
 50        sion, accumulate the required hours of driving  time  and  adhere  to  the
 51        requirements as specified in paragraphs (a) through (f) of this subsection
 52        (5).
 53        (6)  Upon  completion  of  the requirements in subsection (5) of this sec-
 54    tion, the permittee shall take the knowledge test and skills test administered
 55    by a person certified  by the Idaho transportation  department  to  administer
                                                                        
                                           5
                                                                        
  1    knowledge and skills tests.
  2        (7)  Upon  passage  of  the  knowledge and skills tests, the permittee may
  3    apply for a class D driver's license with  driving  privileges  restricted  to
  4    daylight  hours  for  persons  under  sixteen (16) years of age, and with full
  5    privileges at sixteen (16) years  of  age  or  older.  Provided  however,  the
  6    restriction  on  daylight hours only driving privileges for persons under six-
  7    teen (16) years of age shall not apply if:
  8        (a)  The person under sixteen (16) years of age has a valid class  D  dri-
  9        ver's license; and
 10        (b)  Is  accompanied by a driver who holds a valid driver's license and is
 11        twenty-one (21) years of age or older and is  actually  occupying  a  seat
 12        beside the licensee who is under sixteen (16) years of age; and
 13        (c)  The two (2) licensed drivers are the only occupants of the front pas-
 14        senger section of the vehicle.
 15    The restriction of daylight hours only shall mean that period of time one-half
 16    (1/2) hour before sunrise to one-half (1/2) hour after sunset.

Statement of Purpose / Fiscal Impact





                       STATEMENT OF PURPOSE
                             RS 12557

This bill would allow licensed drivers who are 15 years old to
drive during non-daylight hours if they are accompanied by an
adult licensed driver.
                          FISCAL IMPACT
There is no fiscal impact


Contact
Name: Rep. Wood 
Phone: 332-1146




STATEMENT OF PURPOSE/FISCAL NOTE                        H103