View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0643.........................................by TRANSPORTATION AND DEFENSE
DRIVER TRAINING - SUPERVISED INSTRUCTION PERMIT - Amends existing law to
provide that no person shall take a Class D driver's training course until
he is at least fourteen and one-half years of age; to require any person
under the age of seventeen years, who has successfully completed a driver's
training course, to drive for at least four months on a supervised
instruction permit before he is eligible to apply for a Class D driver's
license; to provide terms and conditions of a supervised instruction
permit; and to define the four types of instruction permit.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to Transp
03/03 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 66-3-1
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Montgomery, Mortensen, Moss,
Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
Stone, Taylor, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Cheirrett, Meyer, Ridinger
Absent and excused -- Tilman
Floor Sponsor - Smith
Title apvd - to Senate
03/14 Senate intro - 1st rdg - to Transp
03/29 Rpt out - rec d/p - to 2nd rdg
03/30 2nd rdg - to 3rd rdg
04/04 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsors - Dunklin, Riggs, Frasure
Title apvd - to House
04/05 To enrol - rpt enrol - Sp signed - Pres signed
04/06 To Governor
04/11 Governor signed
Session Law Chapter 214
Effective: 01/01/01
H0643
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 643
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO DRIVER'S LICENSES AND INSTRUCTION PERMITS; AMENDING SECTION
3 33-1702, IDAHO CODE, TO CLARIFY THAT PUBLIC SCHOOL DRIVER TRAINING PRO-
4 GRAMS SHALL INCLUDE SIX HOURS OBSERVATION TIME IN A DRIVER TRAINING CAR
5 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-1703, IDAHO CODE,
6 TO CHANGE THE MINIMUM AGE OF ELIGIBILITY FOR DRIVER'S TRAINING FROM FOUR-
7 TEEN YEARS TO FOURTEEN AND ONE-HALF YEARS; AMENDING SECTION 49-110, IDAHO
8 CODE, TO DEFINE THE TERMS "CLASS A, B OR C INSTRUCTION PERMIT," "CLASS D
9 DRIVER'S TRAINING INSTRUCTION PERMIT," "CLASS D INSTRUCTION PERMIT," AND
10 "CLASS D SUPERVISED INSTRUCTION PERMIT"; AMENDING SECTION 49-303, IDAHO
11 CODE, TO CLARIFY THAT A DRIVER'S TRAINING INSTRUCTION COURSE SHALL INCLUDE
12 COMPLETING THE REQUIREMENTS OF A CLASS D SUPERVISED INSTRUCTION PERMIT AND
13 TO PROVIDE AN EXCEPTION; AMENDING SECTION 49-303A, IDAHO CODE, TO CLARIFY
14 THAT PERSONS UNDER EIGHTEEN YEARS OF AGE MAY BE ISSUED A CLASS D DRIVER'S
15 TRAINING INSTRUCTION PERMIT OR A CLASS D SUPERVISED INSTRUCTION PERMIT;
16 AMENDING SECTION 49-305, IDAHO CODE, TO CLARIFY CONDITIONS FOR ISSUING A
17 CLASS D INSTRUCTION PERMIT AND A CLASS A, B OR C INSTRUCTION PERMIT AND TO
18 DELETE OBSOLETE PROVISIONS; AMENDING SECTION 49-306, IDAHO CODE, AS
19 AMENDED BY SECTION 9, CHAPTER 81, LAWS OF 1999, SECTION 1, CHAPTER 317,
20 LAWS OF 1999, SECTION 1, CHAPTER 318, LAWS OF 1999, SECTION 1, CHAPTER
21 319, LAWS OF 1999 AND SECTION 2, CHAPTER 360, LAWS OF 1999, TO PROVIDE
22 THAT INFORMATION REQUIRED ON AN APPLICATION FOR A DRIVER'S LICENSE SHALL
23 ALSO BE REQUIRED ON AN APPLICATION FOR ANY INSTRUCTION PERMIT, TO PROVIDE
24 A FEE FOR A CLASS D SUPERVISED INSTRUCTION PERMIT AND TO MAKE TECHNICAL
25 CORRECTIONS AND TO CORRECT CODIFIER ERRORS; AMENDING SECTION 49-307, IDAHO
26 CODE, TO PROHIBIT ATTENDANCE OR PARTICIPATION IN A CLASS D DRIVER'S TRAIN-
27 ING COURSE UNTIL A CLASS D DRIVER'S TRAINING INSTRUCTION PERMIT HAS BEEN
28 OBTAINED, TO REQUIRE THAT A PERMITTEE SHALL OPERATE A MOTOR VEHICLE UNDER
29 THE TERMS AND CONDITIONS OF A CLASS D SUPERVISED INSTRUCTION PERMIT FOL-
30 LOWING SUCCESSFUL COMPLETION OF A CLASS D DRIVER'S TRAINING COURSE AND TO
31 PROVIDE RESTRICTIONS AND REQUIREMENTS OF A CLASS D SUPERVISED INSTRUCTION
32 PERMIT WHICH MUST BE SATISFIED BEFORE A PERMITTEE MAY APPLY FOR A CLASS D
33 DRIVER'S LICENSE; AMENDING SECTION 49-310, IDAHO CODE, TO PROVIDE PROPER
34 NOMENCLATURE AND TO PROVIDE THAT A PERSON SIGNING AN APPLICATION FOR THE
35 DRIVING PRIVILEGES OF A PERSON UNDER EIGHTEEN YEARS OF AGE SHALL ATTEST
36 THAT THE CONDITIONS REQUIRED ON A CLASS D SUPERVISED INSTRUCTION PERMIT
37 SHALL HAVE BEEN SATISFIED WHEN THE PERMITTEE APPLIES FOR A CLASS D
38 DRIVER'S LICENSE; AMENDING SECTION 49-313, IDAHO CODE, TO DELETE OBSOLETE
39 PROVISIONS RELATING TO APPLICATION FOR A DRIVER'S LICENSE FOLLOWING COM-
40 PLETION OF A DRIVER'S TRAINING COURSE AND TO MAKE TECHNICAL CORRECTIONS;
41 AMENDING SECTION 49-322, IDAHO CODE, TO PROVIDE AUTHORITY TO THE IDAHO
42 TRANSPORTATION DEPARTMENT TO CANCEL INSTRUCTION PERMITS UNDER SPECIFIED
43 CONDITIONS; AMENDING SECTION 49-326, IDAHO CODE, TO PROVIDE AUTHORITY TO
44 THE IDAHO TRANSPORTATION DEPARTMENT TO SUSPEND THE DRIVER'S LICENSE OF A
45 PERSON UNDER SEVENTEEN YEARS OF AGE FOR THIRTY DAYS FOR A SECOND CONVIC-
46 TION AND FOR SIXTY DAYS FOR A THIRD OR SUBSEQUENT CONVICTION INVOLVING A
2
1 MOVING TRAFFIC VIOLATION, TO DENY RESTRICTED DRIVING PRIVILEGES DURING
2 SUCH PERIOD OF SUSPENSION AND TO PROVIDE A CODE REFERENCE; AND PROVIDING
3 AN EFFECTIVE DATE.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 33-1702, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 33-1702. MINIMUM STANDARDS FOR COURSES. (1) The state board of education
8 and the transportation department shall cooperate in establishing, and amend-
9 ing as need arises, minimum standards for driver training programs reimburs-
10 able hereunder.
11 (2) Such standards shall require not less than thirty (30) clock hours of
12 classroom instruction, six (6) hours observation time in a driver training
13 car, and six (6) hours behind-the-wheel practice driving; but the state board
14 of education may allow in lieu of not more than three (3) hours of such prac-
15 tice driving, such equivalent thereof in simulated practice driving as the
16 said board may have, by uniform regulations rules, approved. The board shall
17 adopt standards necessary to allow completion of the thirty (30) clock hours
18 of required classroom instruction through an approved correspondence course.
19 (3) When an approved driver training course is provided by a private,
20 commercial driver training school, the standards for the driver training pro-
21 gram as specified in subsection (2) of this section can be satisfied if all of
22 the following alternative requirements are met:
23 (a) No more than four (4) students are in a class; and
24 (b) Not less than thirty (30) hours of classroom instruction are pro-
25 vided; and
26 (c) Not less than six (6) hours behind-the-wheel practice driving are
27 required; and
28 (d) Not less than six (6) hours of observation time are completed with a
29 parent or legal guardian.
30 SECTION 2. That Section 33-1703, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 33-1703. ELIGIBLE PUPILS -- TIME COURSES OFFERED. Reimbursable programs
33 shall be open to all residents of the state, of the ages fourteen and one-half
34 (14 1/2) through twenty-one (21) years whether or not they are enrolled in a
35 public, private or parochial school. Residents living within any school dis-
36 trict operating, or participating in the operation of, an authorized driver
37 training program, shall enroll, when possible, in the training program offered
38 in the school district of residence.
39 No charge or enrollment fee, not required to be paid by public school
40 pupils for driver training, shall be required to be paid by residents not then
41 attending public schools.
42 Driver training programs herein authorized may, at the discretion of the
43 board of trustees, be conducted after school hours, or on Saturdays, or during
44 regular school vacations.
45 SECTION 3. That Section 49-110, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 49-110. DEFINITIONS -- I.
48 (1) "Identifying number" means:
3
1 (a) Motor number. That identifying number stamped on the engine of a
2 vehicle.
3 (b) Vehicle identification number. The numbers and letters, if any,
4 placed on a vehicle by the manufacturer for the purpose of identifying the
5 vehicle.
6 (2) "Implements of husbandry" means every vehicle including self-pro-
7 pelled units, designed or adapted and used exclusively in agricultural, horti-
8 cultural, dairy and livestock growing and feeding operations when being inci-
9 dentally operated. Such implements include, but are not limited to, combines,
10 discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers,
11 harvesting and stacking equipment, pesticide applicators, plows, swathers,
12 mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or
13 drawing any implement of husbandry shall be construed to be an implement of
14 husbandry. "Implements of husbandry" do not include semitrailers, nor do they
15 include motor vehicles or trailers, unless their design limits their use to
16 agricultural, horticultural, dairy or livestock growing and feeding opera-
17 tions.
18 (3) "Incidentally operated" means the transport of the implement of hus-
19 bandry from one (1) farm operation to another.
20 (4) "Individual record" means a record containing personal information
21 about a designated person who is the subject of the record as identified in a
22 request for information.
23 (5) "Infraction" means a civil public offense, not constituting a crime,
24 which is not punishable by incarceration and for which there is no right to a
25 trial by jury or right to court-appointed counsel, and which is punishable by
26 only a penalty not exceeding one hundred dollars ($100) and no imprisonment.
27 (6) "Instruction permits":
28 (a) "Class A, B or C instruction permit" means a temporary privilege to
29 operate a motor vehicle for which a commercial driver's license is
30 required; is available only to a person who is eighteen (18) years of age
31 or older; is issued pursuant to the provisions of section 49-305, Idaho
32 Code; and the permittee is subject to the conditions specified therein.
33 (b) "Class D driver's training instruction permit" means a temporary
34 privilege to operate a class D motor vehicle while attending classes as an
35 enrollee of a public or private driver's training course only; is avail-
36 able to a person aged fourteen and one-half (14 1/2) years; is issued to
37 the instructor of the driver's training course; expires one (1) year from
38 the date of issue; is issued pursuant to the provisions of section 49-307,
39 Idaho Code; and the permittee is subject to the conditions specified
40 therein.
41 (c) "Class D instruction permit" means a temporary privilege to operate a
42 class D motor vehicle which is available to a person under the age of sev-
43 enteen (17) years who has successfully completed an approved driver's
44 training course and has satisfied the requirements of a class D supervised
45 instruction permit, or to any person seventeen (17) years of age or older;
46 is valid for a period of one hundred eighty (180) days; privileges are
47 limited to driving with a person who is at least eighteen (18) years of
48 age who holds a valid class D driver's license and is actually occupying a
49 seat beside the permittee; is issued pursuant to the provisions of section
50 49-305, Idaho Code; and the permittee is subject to the conditions speci-
51 fied therein.
52 (d) "Class D supervised instruction permit" means a temporary privilege
53 to operate a class D motor vehicle which is available to a person who is
54 at least fourteen and one-half (14 1/2) years of age who has successfully
55 completed an approved driver's training course, and is valid for a minimum
4
1 of four (4) months. No person may apply for a class D driver's license
2 until he has attained the age of at least fifteen (15) years and has suc-
3 cessfully satisfied the requirements of this permit, as specified and
4 issued pursuant to the provisions of section 49-307, Idaho Code.
5 (7) "Instructor" means any person, whether acting for himself as operator
6 of a commercial driver training school or for such a school for compensation,
7 who teaches, conducts classes of, gives demonstrations to, or supervises prac-
8 tice of, persons learning to operate or drive motor vehicles.
9 (78) "Insurer" means any insurer, public or private, which shall include,
10 but not be limited to, insurance companies domiciled in the state of Idaho,
11 agents, adjuster or any other person acting on behalf of any insurance not
12 domiciled in the state of Idaho and any self-insured entity operating under
13 Idaho insurance laws or rules.
14 (89) "Intersection" means:
15 (a) The area embraced within the prolongation or connection of the lat-
16 eral curb lines, or, if none, then the lateral boundary lines of the road-
17 ways of two (2) highways which join one another at, or approximately at,
18 right angles, or the area within which vehicles traveling upon different
19 highways joining at any other angle may come in conflict.
20 (b) Where a highway includes two (2) roadways thirty (30) feet or more
21 apart, then every crossing of each roadway of the divided highway by an
22 intersecting highway shall be regarded as a separate intersection. In the
23 event an intersecting highway also includes two (2) roadways thirty (30)
24 feet or more apart, then every crossing of two (2) roadways of the high-
25 ways shall be regarded as a separate intersection.
26 (c) The junction of an alley with a street or highway shall not consti-
27 tute an intersection.
28 SECTION 4. That Section 49-303, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 49-303. WHAT PERSONS SHALL NOT BE LICENSED. The department shall not
31 issue any driver's license, any instruction permit, driver's training permit,
32 privileges or right to drive and if issued, may revoke or cancel the driver's
33 license of a person who:
34 (1) As an operator of a vehicle requiring a class D driver's license, is
35 under the age of seventeen (17) years, except that the department may issue a
36 driver's license to any person who has successfully completed an approved
37 driver training course, has completed the requirements of a class D supervised
38 instruction permit, and who is at least fifteen (15) years of age, with driv-
39 ing privileges restricted to daylight hours only, and with full privileges at
40 sixteen (16) years of age. The restriction of daylight hours only shall mean
41 that period of time one-half (1/2) hour before sunrise to one-half (1/2) hour
42 after sunset. If a person who is at least fifteen (15) years but is under sev-
43 enteen (17) years of age has successfully completed an approved driver's
44 training course and has been issued a driver's license in another state, he
45 may be issued a class D driver's license in this state.
46 (2) As an operator of a vehicle requiring a class D driver's license, is
47 under the age of seventeen (17) years and has not successfully completed an
48 approved driver training course and has not satisfied the requirements of a
49 class D supervised instruction permit.
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
5
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, driver
3 training permit, privileges or right to drive suspended for the duration of
4 the suspension, nor to any person who has had his class D driver's training
5 instruction permit or class D supervised instruction permit cancelled for the
6 duration of the cancellation, nor to any person whose license has been
7 revoked, suspended, cancelled or disqualified by this state or any other
8 jurisdiction.
9 (6) Is an habitual drunkard, or is addicted to the use of narcotic drugs.
10 (7) Has previously been adjudged to be afflicted with or suffering from
11 any mental disability or disease and who has not at the time of application
12 been restored to competency by the methods provided by law.
13 (8) Is required by the provisions of this chapter to take an examination,
14 unless that person shall have successfully passed such examination.
15 (9) May be required under any law of this state to furnish proof of
16 financial responsibility and who has not furnished that proof.
17 (10) The department has good cause to believe that the operation of a
18 motor vehicle on the highways by that person would be harmful to public safety
19 or welfare.
20 (11) Is disqualified for a class A, B or C license, except he may be
21 issued a class D driver's license.
22 (12) Is under eighteen (18) years of age and is not enrolled in school,
23 has not received a waiver pursuant to or has not satisfactorily completed
24 school as provided in section 49-303A, Idaho Code.
25 (13) Is not a resident of the state of Idaho.
26 SECTION 5. That Section 49-303A, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 49-303A. DRIVER'S LICENSE OR PERMITS ISSUED TO CERTAIN PERSONS UNDER THE
29 AGE OF EIGHTEEN YEARS. (1) Attendance requirements. The department may issue a
30 driver's license, a class D driver's training instruction permit, a class D
31 supervised instruction permit, or a class D instruction permit to a minor
32 younger than eighteen (18) years of age if, at the time of application, the
33 minor:
34 (a) Has received a high school diploma, a high school equivalency
35 diploma, a special diploma or a certificate of high school completion;
36 (b) Is enrolled in a public or private school and satisfies relevant
37 attendance requirements;
38 (c) Is enrolled in a study course in preparation for a test of general
39 educational development and satisfies relevant attendance requirements;
40 (d) Is enrolled in a home education program and satisfies the require-
41 ments of rules of the state board of education and the state department of
42 education for such programs; provided that students shall be in compliance
43 with the requirements and have been enrolled in the home education program
44 for at least one (1) school year prior to verification of the attendance
45 request, unless documentation of meeting the requirements of this section
46 in the school year contiguous to enrollment in the home education program
47 can be provided;
48 (e) Is enrolled in an accredited college or university;
49 (f) Is enrolled in a postsecondary vocational program or a postsecondary
50 adult vocational program and satisfying relevant attendance requirements;
51 (g) Is enrolled in a job training program pursuant to state or federal
52 law and satisfying relevant attendance requirements; or
53 (h) Is enrolled in other educational activities approved by the board of
6
1 trustees of the school district and satisfying relevant attendance
2 requirements.
3 (2) (a) An applicant for a driver's license who is under the age of eigh-
4 teen (18) shall provide written verification of compliance with the
5 requirements of subsection (1) of this section or receipt of a waiver
6 therefrom pursuant to subsection (3) of this section to the department.
7 The necessary verification shall be obtained from the school district.
8 If the applicant is enrolled in or has graduated from a private high
9 school, the verification shall be obtained by the applicant from the gov-
10 erning body of the private school. A school district shall not refuse to
11 provide written verification of compliance with the requirements of this
12 section to the department.
13 (b) Schools may implement interventions designed to improve student
14 attendance with their district policies and procedures.
15 (c) When applying for a license or any instruction permit, an applicant
16 under age eighteen (18) must provide written verification to the depart-
17 ment of compliance with the requirements of subsection (1) of this section
18 or receipt of a waiver therefrom, pursuant to subsection (3) of this sec-
19 tion. Written verification shall be obtained from the applicant's school.
20 The applicant's school shall not refuse to provide written verification of
21 compliance with the requirements of this section to the department.
22 (3) (a) A public school principal, or the principal's designee, or the
23 designee of the governing body of a private school shall provide written
24 notification to a minor and the minor's parent, guardian or custodian of
25 the school district's or private school's intent to request that the
26 department suspend the minor's driving privileges because the minor has
27 dropped out of school and has failed to comply with the requirements of
28 subsection (1) of this section.
29 (b) The minor or the parent, guardian or custodian of the minor shall
30 have fifteen (15) calendar days from the date of receipt of this notice to
31 request a hearing before the public school principal, or the principal's
32 designee, or the designee of the governing body of a private school for
33 the purpose of reviewing the pending suspension. The hearing shall be
34 conducted within thirty (30) calendar days after the public school princi-
35 pal, or the principal's designee, or the designee of the governing body of
36 a private school receives the request.
37 (c) The public school principal, or the principal's designee, or the des-
38 ignee of the governing body of a private school shall waive the require-
39 ments of subsection (1) of this section for any minor under its jurisdic-
40 tion for whom a personal or family hardship requires that the minor have a
41 driver's license for his or her own or his or her family's employment or
42 medical care. The public school principal, or the principal's designee,
43 or the designee of the governing body of a private school shall take into
44 account the recommendations of teachers, other school officials, guidance
45 counselors or academic advisors prior to granting a waiver to the require-
46 ments of subsection (1) of this section.
47 (d) The hardship waiver provided in paragraph (c) of this section shall
48 be requested, if desired by the minor or the minor's parent, guardian or
49 custodian at the initial hearing.
50 (4) Any person denied a hardship waiver by a public school principal, or
51 the principal's designee, or the designee of the governing body of a private
52 school may appeal the decision to the board of trustees of the school district
53 or the governing body of the private school. The public or private school
54 shall notify the department of all students not in compliance with subsection
55 (1) of this section or who have been granted a hardship waiver pursuant to
7
1 subsection (3) of this section.
2 (5) Upon receiving written verification that the reinstatement fees have
3 been paid and the minor is again in compliance with the requirements of sub-
4 section (1) of this section, the department shall reinstate the minor's privi-
5 lege to drive. Thereafter, if the school district determines that the minor
6 is not in compliance with the requirements of subsection (1), the department
7 shall suspend the minor's driving privilege until the minor is eighteen (18)
8 years old or otherwise satisfies the requirements of subsection (1) of this
9 section, whichever occurs first.
10 (6) The department shall report quarterly to each school district the
11 disposition of all requests to suspend driver's licenses of students of that
12 district. Beginning with the 1996-97 school year, each school district and
13 each private school shall report the number of notifications issued of possi-
14 ble student driver's license suspensions based on nonattendance, requests to
15 the department to suspend a driver's license and student driver's licenses
16 actually suspended.
17 SECTION 6. That Section 49-305, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 49-305. INSTRUCTION PERMITS -- TEMPORARY LICENSES -- TEMPORARY DRIVER'S
20 TRAINING INSTRUCTION PERMIT. (1) Upon passage of the required knowledge tests
21 appropriate for the vehicle being operated, the department may issue an class
22 A, B or C instruction permit for the type of vehicle(s) the person will be
23 operating, or a class D instruction permit for a class D motor vehicle, enti-
24 tling the applicant, while having the permit in his immediate possession, to
25 drive a motor vehicle upon the highways for a period of up to one hundred
26 eighty (180) days. That person must be accompanied by an adult driver eighteen
27 (18) years of age or older who holds a driver's license appropriate for the
28 vehicle being operated and who is actually occupying a seat beside the driver.
29 (a) Any person who has reached the age of fifteen seventeen (157) years,
30 and who has successfully completed an approved driver training course may
31 apply for a class D instruction permit. with driving privileges restricted
32 to daylight hours only, and with full privileges at sixteen (16) years of
33 age. The restriction of daylight hours only shall mean that period of time
34 one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset.
35 Any person applying for any class D instruction permit or driving privi-
36 leges who is under the age of eighteen (18) years shall be in compliance
37 with school attendance requirements of section 49-303A, Idaho Code.
38 (b) Any person who has reached the age of eighteen (18) years, holds a
39 valid Idaho class D driver's license and has at least one (1) year of
40 driving experience, may apply for a class A, B or C instruction permit.
41 (c) On and after April 1, 1992, federal highway administration rules and
42 regulations concerning instruction permits, as specified in 49 CFR part
43 383, will be in effect for commercial motor vehicle operators.
44 (2) The department may, at its discretion, issue a temporary class D
45 driver's license to an applicant for a class D driver's license permitting him
46 to operate a motor vehicle while the department is completing its investiga-
47 tion and determination of all facts relative to the applicant's right to
48 receive a driver's license. The temporary license may be cancelled at the
49 department's discretion at any time after issuance. The temporary license must
50 be in the applicant's immediate possession while operating a motor vehicle,
51 and it shall be invalid when the applicant's driver's license has been issued
52 or for good cause has been refused.
53 (3) If an applicant for a class D driver's training instruction permit
8
1 cannot provide a certified copy of his birth certificate at the time of appli-
2 cation, the department may issue a temporary driver's training instruction
3 permit upon receipt of both a photo identification and a letter from the
4 school verifying the applicant's enrollment in a driver training course. The
5 certified copy of his birth certificate shall be required before a class D
6 driver's license or class D instruction permit will be issued.
7 (4) The department may issue a motorcycle endorsement instruction permit
8 to an applicant who has a valid driver's license and who has successfully com-
9 pleted the motorcycle riders knowledge test and paid the appropriate fees. The
10 permit entitles the applicant, while having the permit in his immediate pos-
11 session, to operate a motorcycle upon the highways for a period not to exceed
12 one hundred eighty (180) days. If the permittee passes the skills test for a
13 motorcycle endorsement within one hundred eighty (180) days of issuance of the
14 motorcycle endorsement instruction permit, he shall not be required to pay the
15 motorcycle endorsement fee. A person holding a motorcycle instruction permit
16 shall not carry any passenger while operating a motorcycle, shall not operate
17 a motorcycle except during the hours of daylight only and shall not operate a
18 motorcycle upon any interstate highway system.
19 A violation of the conditions of a motorcycle endorsement instruction per-
20 mit is a misdemeanor. The department shall cancel the permit whether or not
21 such violation results in conviction of the misdemeanor.
22 SECTION 7. That Section 49-306, Idaho Code, as amended by Section 9,
23 Chapter 81, Laws of 1999, Section 1, Chapter 317, Laws of 1999, Section 1,
24 Chapter 318, Laws of 1999, Section 1, Chapter 319, Laws of 1999 and Section 2,
25 Chapter 360, Laws of 1999, be, and the same is hereby amended to read as fol-
26 lows:
27 49-306. APPLICATION FOR DRIVER'S LICENSE OR INSTRUCTION PERMIT. (1) Every
28 application for any instruction permit or for a driver's license shall be made
29 upon a form furnished by the department and shall be verified by the applicant
30 before a person authorized to administer oaths. Officers and employees of the
31 department and sheriffs and their deputies are authorized to administer the
32 oaths without charge. Every application for a permit, extension or driver's
33 license shall be accompanied by the following fee, none of which is refund-
34 able:
35 (a) Class A, B, C license with endorsements - 21 years and older . $28.50
36 (b) Class A, B, C license with endorsements - under 21 years ..... $17.50
37 (c) Class D license - under 18 years ............................. $17.50
38 (d) Class D license - 18 to 21 years ............................. $17.50
39 (e) Four-year Class D license - 21 years and older ............... $24.50
40 (cf) Eight-year Class D license .................................. $41.00
41 (dfg) Class A, B, C instruction permit ........................... $19.50
42 (egh) Class D instruction permit or supervised instruction permit. $11.50
43 (fhi) Duplicate driver's license or permit issued under section 49-318,
44 Idaho Code ........................................................ $11.50
45 (gij) Driver's license extension issued under section
46 49-319, Idaho Code .............................................. $ 6.50
47 (hjk) License classification change (upgrade) .................... $15.50
48 (ikl) Endorsement addition ....................................... $11.50
49 (jlm) Class A, B, C skills tests ................... not more than $55.00
50 (kmn) Class D skills test ........................................ $15.00
51 (lno) Motorcycle endorsement skills test ..........................$ 5.00
52 (mop) Knowledge test ............................................. $ 3.00
53 (npq) Seasonal driver's license................................... $27.50
9
1 (oqr) One time motorcycle "M" endorsement ........................ $11.50
2 (prs) Motorcycle endorsement instruction permit .................. $11.50
3 (qst) Restricted driving permit .................................. $35.00
4 (2) Every application shall state the true and full name, date of birth,
5 sex, declaration of Idaho residency, Idaho residence address and mailing
6 address, if different, of the applicant, height, weight, hair color, and eye
7 color, and the applicant's social security number as verified by the
8 applicant's social security card or by the social security administration.
9 (a) The requirement that an applicant provide a social security number as
10 verified by his social security card or by the social security administra-
11 tion shall apply only to applicants who have been assigned a social secu-
12 rity number.
13 (b) An applicant who has not been assigned a social security number
14 shall:
15 (i) Present written verification from the social security adminis-
16 tration that the applicant has not been assigned a social security
17 number; and
18 (ii) Submit a birth certificate, passport or other documentary evi-
19 dence issued by an entity other than a state or the United States;
20 and
21 (iii) Submit such proof as the department may require that the appli-
22 cant is lawfully present in the United States.
23 A driver's license or any instruction permit issued on and after January
24 1, 1993, shall not contain an applicant's social security number. Applications
25 on file shall be exempt from disclosure except as provided in sections 49-202,
26 49-203, 49-203A and 49-204, Idaho Code.
27 Every application shall also state whether the applicant has previously
28 been licensed as a driver, and if so, when and by what state or country, and
29 whether a driver's license or privileges have ever been suspended, revoked,
30 denied, disqualified, cancelled or whether an application has ever been
31 refused, and if so, the date of and reason for the suspension, revocation,
32 denial, disqualification, cancellation or refusal and the applicant's oath
33 that all information is correct as signified by the applicant's signature.
34 The applicant may be required to submit proof of identity acceptable to
35 the examiner or the department and date of birth as set forth in a certified
36 copy of his birth certificate when obtainable, or another document which pro-
37 vides satisfactory evidence of a person's date of birth acceptable to the
38 examiner or the department.
39 (3) Whenever an application is received from a person previously licensed
40 in another jurisdiction, the department shall request a copy of the driver's
41 record from the other jurisdiction and shall contact the national driver reg-
42 ister. When received, the driver's record from the previous jurisdiction shall
43 become a part of the driver's record in this state with the same force and
44 effect as though entered on the driver's record in this state in the original
45 instance.
46 (4) Whenever the department receives a request for a driver's record from
47 another licensing jurisdiction, the record shall be forwarded without charge.
48 (5) The department shall contact and notify the commercial driver license
49 information system of the proposed application for a class A, B or C driver's
50 license to insure identification of the person and to obtain clearance to
51 issue the license.
52 (6) When the fees required under this section are collected by a county
53 officer, they shall be paid over to the county treasurer not less often than
54 monthly, who shall immediately:
55 (a) Deposit an amount equal to five dollars ($5.00) from each four-year
10
1 driver's license or any class D instruction permit application fees,
2 application for a duplicate driver's license or permit, classification
3 change, seasonal driver's license and additional endorsement, and ten dol-
4 lars ($10.00) from each eight-year class D driver's license, in the cur-
5 rent expense fund; and
6 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle
7 endorsement and motorcycle endorsement instruction permit fee in the cur-
8 rent expense fund; and
9 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a
10 knowledge test in the current expense fund; and
11 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a
12 motorcycle endorsement skills test in the current expense fund; provided
13 however, if a contractor administers the skills test he shall be entitled
14 to the five dollar ($5.00) fee; and
15 (e) Remit the remainder to the state treasurer; and
16 (f) Deposit eleven dollars and fifty cents ($11.50) from each fee for a
17 class D skills test into the county current expense fund, unless the test
18 is administered by a department-approved contractor, in which case the
19 contractor shall be entitled to eleven dollars and fifty cents ($11.50) of
20 each fee.
21 (7) When the fees required under this section are collected by a state
22 officer or agency, they shall be paid over to the state treasurer.
23 (8) The state treasurer shall distribute the moneys received from fees
24 imposed by the provisions of this section, whether collected by a county offi-
25 cer or by a state officer or agency as follows:
26 (a) Two dollars ($2.00) of each fee for a four-year driver's license or
27 seasonal driver's license, and four dollars ($4.00) of each fee for an
28 eight-year class D driver's license, and one dollar and fifty cents
29 ($1.50) of each fee charged for driver's licenses pursuant to subsections
30 (1)(b), (c) and (d) of this section, shall be deposited in the emergency
31 medical services account II created in section 39-146A, Idaho Code, and
32 four dollars ($4.00) of each such fee shall be deposited in the emergency
33 medical services account III created in section 39-146B, Idaho Code; and
34 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal
35 or class A, B, or C driver's license, and ten dollars ($10.00) of each fee
36 charged for a license pursuant to subsection (1)(b) of this section, shall
37 be deposited in the state highway account; and
38 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, B, or
39 C instruction permit or driver's license classification change shall be
40 deposited in the state highway account; and
41 (d) Four dollars ($4.00) of each fee for a class A, B, or C instruction
42 permit shall be deposited in the emergency medical services account III
43 created in section 39-146B, Idaho Code; and
44 (e) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea-
45 sonal or class A, B, or C driver's license, class A, B, or C driver's
46 license extension, or additional endorsement shall be deposited in the
47 state highway account; and
48 (f) Four dollars ($4.00) of each fee for a motorcycle endorsement and
49 motorcycle endorsement instruction permit shall be deposited in the state
50 highway account; and
51 (g) Five dollars and thirty cents ($5.30) of each fee for a four-year
52 class D driver's license, and ten dollars and sixty cents ($10.60) of each
53 fee for an eight-year class D driver's license, and four dollars ($4.00)
54 of each fee charged for a license pursuant to subsections (1)(c) and (d)
55 of this section, shall be deposited in the driver training account; and
11
1 (h) Seven dollars and twenty cents ($7.20) of each fee for a four-year
2 class D driver's license, and fourteen dollars and forty cents ($14.40) of
3 each fee for an eight-year class D driver's license, and six dollars
4 ($6.00) of each fee charged for a license pursuant to subsections (1)(c)
5 and (d) of this section, shall be deposited in the highway distribution
6 account; and
7 (i) Two dollars and sixty cents ($2.60) of each fee for a class D
8 instruction permit, duplicate class D license or permit, and class D
9 license extension shall be deposited in the driver training account; and
10 (j) Three dollars and ninety cents ($3.90) of each fee for a class D
11 instruction permit, duplicate class D license or permit, and class D
12 license extension shall be deposited in the highway distribution account;
13 and
14 (k) Five dollars ($5.00) of each fee for a class A, B, or C skills test
15 shall be deposited in the state highway account; and
16 (l) One dollar ($1.00) of each fee for a class A, B, C or or four-year D
17 driver's license, and two dollars ($2.00) of each fee for an eight-year
18 class D driver's license, and one dollar ($1.00) of each fee charged for a
19 license pursuant to subsections (1)(b), (c) and (d) of this section, shall
20 be deposited in the motorcycle safety program fund established in section
21 33-4904, Idaho Code; and
22 (m) Three dollars and fifty cents ($3.50) of each fee for a class D
23 skills test shall be deposited into the state highway account.
24 (9) The contractor administering a class A, B, or C skills test shall be
25 entitled to not more than fifty dollars ($50.00) of the skills test fee. A
26 contractor administering a class A, B, or C skills test may collect an addi-
27 tional fee for the use of the contractor's vehicle for the skills test.
28 (10) Thirty-five dollars ($35.00) of each restricted driving permit shall
29 be deposited in the state highway account.
30 (11) The department may issue seasonal class B or C driver's licenses
31 that:
32 (a) Will only be valid for driving commercial vehicles that normally
33 require class B or C commercial driver's licenses;
34 (b) Will be valid for seasonal periods that begin on the date of issuance
35 and that are not to exceed one hundred eighty (180) days in a twelve (12)
36 month period;
37 (c) May only be obtained twice in a driver's lifetime;
38 (d) Are valid only within a one hundred fifty (150) mile radius of the
39 place of business or farm being serviced; and
40 (e) Will be valid only in conjunction with valid Idaho class D driver's
41 licenses.
42 (12) The department may issue seasonal class B or C driver's licenses to
43 drivers who:
44 (a) Have not violated the single license provisions of 49 CFR part 383;
45 (b) Have not had any license suspensions, revocations or cancellations;
46 (c) Have not had any convictions in any vehicle for any offense listed in
47 section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic
48 offense;
49 (d) Have at least one (1) year of driving experience with a class D or
50 equivalent license in any type motor vehicle; and
51 (e) Are at least sixteen (16) years old.
52 SECTION 8. That Section 49-307, Idaho Code, be, and the same is hereby
53 amended to read as follows:
12
1 49-307. FEE FOR CLASS D DRIVER'S TRAINING INSTRUCTION PERMIT -- CLASS D
2 SUPERVISED INSTRUCTION PERMIT. (1) Every enrollee of a class D driver training
3 course in a public school shall pay a nonrefundable fee of thirty dollars
4 ($30.00). Twenty-five dollars ($25.00) of each fee so imposed shall be depos-
5 ited in the driver training account and five dollars ($5.00) will be deposited
6 in the county current expense fund.
7 (2) Every enrollee of a class D driver's training course offered by a
8 commercial business shall pay a nonrefundable fee of ten dollars ($10.00).
9 Five dollars ($5.00) of the fee so imposed shall be deposited in the driver
10 training account and five dollars ($5.00) shall be deposited in the county
11 current expense fund.
12 (3) Each enrollee of a class D driver training course shall provide the
13 type of information required for a driver's license or instruction permit, but
14 the class D driver's training instruction permit shall be issued to the
15 instructor of the course, and the class D driver training instruction permit
16 shall expire one (1) year from the issue date. No enrollee of any class D
17 driver training course shall be allowed to attend classes or participate in
18 driving instruction unless he has obtained a class D driver's training
19 instruction permit.
20 (4) Upon successful completion of the class D driver's training course,
21 the driver's training instructor shall date and sign the class D driver's
22 training instruction permit over to the parent or legal guardian of the per-
23 mittee, and the parent or legal guardian shall also date and sign the class D
24 driver's training permit and in so doing agrees to assume responsibility for
25 ensuring that the permittee complies with the requirements of operating a
26 vehicle with a class D supervised instruction permit. The signed and dated
27 class D driver's training instruction permit shall then serve as a class D
28 supervised instruction permit.
29 (5) No permittee may apply for a class D driver's license sooner than
30 fifteen (15) years of age and no sooner than four (4) months after completing
31 a class D driver's training course, during which time the permittee shall sat-
32 isfy all requirements for operation of a class D vehicle with a class D super-
33 vised instruction permit as follows:
34 (a) The permittee shall not operate a vehicle unless he is accompanied by
35 a driver who holds a valid driver's license, is twenty-one (21) years of
36 age or older, and who is actually occupying a seat beside the permittee
37 driver. The supervising driver and the permittee shall be the only occu-
38 pants of the front passenger section of the vehicle.
39 (b) The permittee shall accumulate at least fifty (50) hours of super-
40 vised driving time, ten (10) hours of which shall be during hours of dark-
41 ness.
42 (c) The permit shall be in the permittee's immediate possession at all
43 times while operating a vehicle.
44 (d) In addition to the permittee driver and the supervising driver, all
45 other occupants of the vehicle shall wear a seat belt or be restrained by
46 child passenger restraints as required by law.
47 (e) The permittee is subject to the provisions of sections 18-1502 and
48 18-8004, Idaho Code, relating to violation of age restrictions on consump-
49 tion of beer, wine, and alcohol and driving under the influence of alco-
50 hol, drugs or any other intoxicating substances, respectively.
51 (f) The permittee shall not have been convicted of any moving traffic
52 violation, or have had driving privileges suspended by the department or
53 the court for any offense, or found to be in violation of any of the
54 restrictions on the class D supervised instruction permit, for a period of
55 at least four (4) months from the date the driver's training instructor
13
1 signed the permit over to the parent or legal guardian, or from the date a
2 cancelled class D supervised instruction permit was reissued, or until the
3 permittee reaches seventeen (17) years of age.
4 (g) If the permittee is convicted of a violation of any traffic law, or
5 section 18-1502, Idaho Code, or section 18-8004, Idaho Code, or is found
6 to be in violation of any of the restrictions on the class D supervised
7 instruction permit, the department shall cancel the class D supervised
8 instruction permit, and the cancellation shall not be used to establish
9 rates of motor vehicle insurance charged by a casualty insurer. The per-
10 mittee may reapply for and be issued a new class D supervised instruction
11 permit upon payment of the appropriate fees, and shall again be required
12 to operate with the class D supervised instruction permit for at least
13 four (4) months from the date of reissue without a conviction or suspen-
14 sion, accumulate the required hours of driving time and adhere to the
15 requirements as specified in paragraphs (a) through (f) of this subsection
16 (5).
17 (6) Upon completion of the requirements in subsection (5) of this sec-
18 tion, the permittee shall take the knowledge test and skills test administered
19 by a person certified by the Idaho transportation department to administer
20 knowledge and skills tests.
21 (7) Upon passage of the knowledge and skills tests, the permittee may
22 apply for a class D driver's license with driving privileges restricted to
23 daylight hours for persons under sixteen (16) years of age, and with full
24 privileges at sixteen (16) years of age or older. The restriction of daylight
25 hours only shall mean that period of time one-half (1/2) hour before sunrise
26 to one-half (1/2) hour after sunset.
27 (4) No enrollee of any driver training course shall be allowed to com-
28 plete the course unless he has obtained a driver's training instruction per-
29 mit.
30 SECTION 9. That Section 49-310, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 49-310. APPLICATIONS OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS. (1) The
33 application of any person under the age of eighteen (18) years for any class D
34 instruction permit, restricted driver's license or driver's license shall be
35 signed and verified before a person authorized to administer oaths by either
36 the father or mother of the applicant, if both are living and have custody of
37 him; or if either be dead, then by the surviving parent who has custody of
38 him; or by the Idaho resident host of a foreign exchange student, or in the
39 event neither parent is living, or if living and does not have the custody of
40 the applicant, then by the person or guardian having such custody, with
41 verifiable custody or guardianship documents, or by an employer of the appli-
42 cant. In the event there is no guardian or employer then some other responsi-
43 ble person willing to assume the obligation for the applicant may sign the
44 application. Any person who signs the applicant's application shall attest
45 that the applicant is in compliance with the school attendance provisions of
46 section 49-303A, Idaho Code, and when signing for a class D driver's training
47 permit or a class D supervised instruction permit, shall attest that the minor
48 person has satisfied the requirements and conditions applicable to the class D
49 supervised instruction permit pursuant to section 49-307, Idaho Code, when the
50 minor person applies for a class D driver's license. The person willing to
51 assume responsibility for the applicant must be at least eighteen (18) years
52 of age.
53 (2) Any negligence or willful misconduct of a person under the age of
14
1 eighteen (18) years when operating a motor vehicle upon a highway shall be
2 imputed to the person who signed the application of that person for a permit
3 or driver's license, and that person shall be jointly and severally liable
4 with the permit or driver's license holder for any damage caused by negligence
5 or willful misconduct, except as otherwise provided by law.
6 (3) In the event a permit or driver's license holder under the age of
7 eighteen (18) years deposits, or there is deposited upon his behalf, proof of
8 financial responsibility in respect to the operation of any motor vehicle, in
9 form and in amounts as required under the motor vehicle financial responsibil-
10 ity laws of this state, or by the director if the form and amount is not fixed
11 by law, then the department may accept the application when signed by one (1)
12 parent or guardian of the applicant, and while that proof is maintained the
13 parent or guardian shall not be subject to the liability imposed under subsec-
14 tion (2) of this section.
15 (4) Any person who has signed the application of a minor for a permit or
16 driver's license shall be liable civilly for the payment of any court penalty
17 imposed because the minor has been found to have committed an infraction
18 violation. The provisions of this section shall not apply or create any civil
19 liability for the person signing the application in connection with any pedes-
20 trian or bicycle infraction, and provided this subsection shall not apply to
21 any civil action where the plaintiff is other than the state of Idaho.
22 SECTION 10. That Section 49-313, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-313. EXAMINATION OF APPLICANTS. (1) The sheriff, his deputy or autho-
25 rized agents of the department shall examine every applicant for an instruc-
26 tion permit, seasonal driver's license, or a driver's license or a motorcycle
27 endorsement, except as otherwise provided by law. The examination shall
28 include a test of the applicant's eyesight, his ability to read and understand
29 highway signs regulating, warning, and directing traffic. A skills test shall
30 be required for an applicant who has not been previously licensed for the
31 class of license requested, or who holds a license issued by another country
32 unless a reciprocal agreement is in force. However, a skills test may be
33 required for any and all other applicants at the discretion of the examiner or
34 department for a class A, B, C or D driver's license or a motorcycle endorse-
35 ment. In addition, the applicant's knowledge of traffic laws of this state and
36 when a motorcycle endorsement is applied for, the applicant's knowledge of
37 safe motorcycle operating practices and traffic laws specifically relating to
38 motorcycle operation shall be tested by a written examination, except as pro-
39 vided in section 49-319, Idaho Code. At the discretion of the examiner, the
40 prescribed written examination may be conducted orally.
41 (2) The knowledge and skills examinations for applicants for driver's
42 licenses in class A, B or C shall be conducted in compliance with 49 CFR part
43 383.
44 (3) The skills test for a class A, B, C or D driver's license or for any
45 endorsement shall be given by the department or its authorized agents. The
46 skills examiner for a motorcycle endorsement shall be certified by the depart-
47 ment of education.
48 (4) Any person who has successfully completed an approved driver training
49 course and who applies for a driver's license more than three (3) months after
50 completion of the driver training course shall be required to retake the skill
51 test in addition to any other tests required upon application for a driver's
52 license.
53 (5) The department shall not issue a tank, double/triple trailer, or haz-
15
1 ardous material endorsement unless the applicant, in addition to all other
2 applicable qualifications, has passed an appropriate knowledge test. The
3 department shall not issue a passenger endorsement unless the applicant, in
4 addition to all other applicable qualifications, has passed an appropriate
5 knowledge and skills test.
6 (65) Any person failing to pass a knowledge or skills test for a class A,
7 B, C or D driver's license, or a knowledge test for a seasonal driver's
8 license, or any endorsement may not retake the test within three (3) business
9 days of the failure.
10 (76) Any person retaking a knowledge or skills test for a driver's
11 license shall pay the appropriate testing fee as specified in section 49-306,
12 Idaho Code.
13 (87) The motorcycle skills test for a motorcycle endorsement shall be
14 waived by the department:
15 (a) On and after September 1, 1998, if the applicant presents satisfac-
16 tory evidence of successful completion of a recognized motorcycle rider
17 training course approved by the department of education;
18 (b) On and after September 1, 1998, if the applicant presents evidence of
19 a motorcycle endorsement on his current license by a state or province
20 which requires a motorcycle skills test equivalent to that required by
21 Idaho law as determined by the department of education;
22 (c) Until September 1, 1998.
23 (98) At the discretion of the department, an alternate skills test for the
24 motorcycle endorsement may be administered when the endorsement is for opera-
25 tion of a three-wheeled motorcycle only.
26 (109) The department or its authorized agents may refuse to give an appli-
27 cant a skills test if there are reasonable grounds to believe that the safety
28 of the applicant, public, or the examiner would be jeopardized by doing so.
29 Reasonable grounds would include, but not be limited to, the applicant's
30 inability to pass the eye test, written tests, or a statement by a licensed
31 physician stating the applicant is not physically able to drive a motor vehi-
32 cle.
33 (110) The department or its authorized agents may deny issuance or renewal
34 of a driver's license or endorsement to any applicant who does not meet the
35 licensing requirements for the class of driver's license or endorsement being
36 renewed or issued.
37 (121) Skill examinations for seasonal driver's licenses shall be waived.
38 SECTION 11. That Section 49-322, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 49-322. AUTHORITY OF DEPARTMENT TO CANCEL DRIVER'S LICENSE OR INSTRUCTION
41 PERMIT. (1) The department shall cancel any driver's license or instruction
42 permit upon determining that the licensee or permittee was not entitled to the
43 issuance of the driver's license or instruction permit, or that the licensee
44 or permittee failed to give the required or correct information in his appli-
45 cation, or committed fraud in making the application.
46 (2) Upon a cancellation, the licensee or permittee shall surrender the
47 cancelled driver's license or cancelled instruction permit to the department.
48 (3) The department shall cancel a person's commercial driver's license
49 upon determining that the class A, B, or C licensee has falsified informa-
50 tion. Upon cancellation of a class A, B, or C driver's license, the licensee
51 shall be disqualified from operating a commercial motor vehicle for a period
52 of sixty (60) days.
53 (4) When a driver's license has been cancelled for reasons of impairment,
16
1 incompetence or inability of the licensed driver to operate a motor vehicle
2 safely as provided in section 49-303 or 49-326, Idaho Code, and the licensee
3 has voluntarily surrendered his driver's license, or when a licensed driver
4 requests cancellation of his license for any of the same reasons stated in
5 this subsection and he voluntarily surrenders his license, the licensee may be
6 eligible for a no-fee identification card as provided in section 49-2444,
7 Idaho Code.
8 SECTION 12. That Section 49-326, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-326. AUTHORITY OF DEPARTMENT TO SUSPEND, DISQUALIFY OR REVOKE DRIVER'S
11 LICENSE AND PRIVILEGES. (1) If the court has not ordered the suspension of a
12 license or privileges, the department is authorized to suspend, disqualify or
13 revoke the license or privileges of a driver without preliminary hearing upon
14 a showing by its records or other sufficient evidence that the driver:
15 (a) Has committed an offense for which mandatory revocation, suspension
16 or disqualification of license or privileges is required upon conviction,
17 court order or administrative action;
18 (b) Has been convicted in any court in this state of an offense against a
19 municipal ordinance which would have been grounds for suspension, revoca-
20 tion or disqualification of his driver's license or privileges had the
21 charge been prosecuted under a state law;
22 (c) Is incompetent to drive a motor vehicle;
23 1. Any person who in the opinion of the department, based upon rec-
24 ommendation of the person's personal physician, is afflicted with or
25 subject to any condition which brings about momentary or prolonged
26 lapses of consciousness or control, which is or may become chronic,
27 or when the person is suffering from a physical or mental disability
28 or disease serving to prevent him from exercising reasonable and
29 ordinary control over a motor vehicle while operating it upon the
30 streets and highways, or any person who is unable to understand high-
31 way signs, warning, regulating or directing traffic, is incompetent
32 to drive a motor vehicle.
33 2. Any person who shall not have minimum visual acuity with or with-
34 out corrective lenses of 20/40 in at least one (1) eye as determined
35 by the Snellen system or other available systems is incompetent to
36 operate a motor vehicle, however, the department shall have the
37 authority to license such person upon the recommendation of an oph-
38 thalmologist or qualified physician and upon passage of a skills
39 test. At 20/70 or more in both eyes with or without corrective lenses
40 the department may suspend the driver's license and privileges. Any
41 person who applies for or receives any type of tax, welfare or other
42 benefits or exemptions for the blind shall be conclusively presumed
43 incompetent to operate a motor vehicle.
44 3. Any person, department, or political subdivision of the state of
45 Idaho who receives an application for any type of tax, welfare, aid
46 or other benefits or exemptions for the blind shall immediately for-
47 ward the name, address, sex, date of birth, and date of application
48 of the applicant to the department;
49 (d) Has permitted an unlawful or fraudulent use of a driver's license;
50 (e) Has committed an offense in another state as evidenced by a convic-
51 tion, court order or administrative action, which if committed in Idaho
52 would be grounds for suspension, disqualification or revocation;
53 (f) Has been convicted of the offense of reckless driving, or fleeing or
17
1 attempting to elude a peace officer, and providing that the operating
2 privilege shall be suspended for a period of thirty (30) days upon convic-
3 tion and providing further, that if a second conviction occurs within a
4 two (2) year period of time from the time of the first conviction, the
5 suspension shall be for ninety (90) days, and if a third conviction shall
6 occur within a three (3) year period of time from the time of the first
7 conviction, the period of suspension shall be for one (1) year;
8 (g) Has failed to satisfy a judgment as set forth in chapter 12, title
9 49, Idaho Code;
10 (h) Has failed to maintain proof of financial responsibility as set forth
11 in chapter 12, title 49, Idaho Code;
12 (i) Has a driving record which shows a violation point count of twelve
13 (12) or more points in any consecutive twelve (12) month period;
14 (j) Is an habitual violator of traffic laws;
15 (k) Has been convicted of the offense of violation of a restricted
16 license and providing the driver's license and privileges be suspended for
17 a period of thirty (30) days;
18 (l) Has been convicted for the offense of leaving the scene of an acci-
19 dent involving damages to a vehicle, the period of revocation shall be one
20 (1) year;
21 (m) Has been convicted for the offense of leaving the scene of an acci-
22 dent resulting in injury or death, the period of revocation shall be one
23 (1) year;
24 (n) Is under the age of eighteen (18) years and is not satisfactorily
25 enrolled in school, has not received a waiver pursuant to or has not com-
26 pleted school as provided in section 49-303A, Idaho Code;
27 (o) Was cited under the age of seventeen (17) years and subsequently
28 received a conviction involving a moving traffic violation, and providing
29 the driver shall receive a written warning from the Idaho transportation
30 department for a first conviction; the driver's license shall be suspended
31 for a period of thirty (30) days for a second conviction; and the driver's
32 license shall be suspended for a period of sixty (60) days for a third or
33 subsequent conviction; and providing further that no restricted driving
34 privileges shall be issued during any period of suspension hereunder.
35 (2) A violation point is assessed for conviction of any charge or with
36 proof of any infraction involving a moving traffic violation. A value of one
37 (1) point shall be given for a less serious violation and up to four (4)
38 points for a more serious violation. Conviction or proof of infraction for
39 only one (1) violation arising from one (1) occasion of arrest or citation
40 shall be counted in determining the violation point count.
41 (3) The department is authorized and directed to establish a violation
42 point count system for various moving traffic violations and infractions
43 occurring either within or without the state of Idaho, affecting all holders
44 of driver's licenses issued by the department.
45 (4) Notification of suspension, revocation, cancellation or disqualifica-
46 tion. Upon suspending, revoking, canceling or disqualifying the driver's
47 license or driving privileges of any person, the department shall immediately
48 notify the applicant or licensee in writing, at the licensee's address on
49 file with the department pursuant to section 49-320, Idaho Code. Upon his
50 request the department shall afford him an opportunity for a hearing before a
51 hearing officer appointed by the director. The hearing may be held by tele-
52 phone within twenty (20) days after receipt of the request, unless this period
53 is for good cause shown, extended by the hearing officer for one ten-day
54 period. The notice and hearing shall be required prior to the imposition of
55 additional suspension or disqualification periods beyond the periods as set
18
1 forth in this section. Upon a hearing the hearing officer may administer
2 oaths, may issue subpoenas for the attendance of witnesses and the production
3 of relevant books and papers, and may require a reexamination of the licensee.
4 Upon the hearing the department shall either rescind its order or, with good
5 cause, may affirm or extend the suspension or disqualification of the driver's
6 license or revoke the driver's license.
7 Whenever a driver's license, permit or driving privilege has been sus-
8 pended or revoked by the department as provided in this section, other than as
9 set forth in subsection (1)(c), (d), (g), (h), (m), or (n) or (o), the depart-
10 ment may issue a temporary restricted permit restricting the time, area and
11 purpose of use. The application, eligibility requirements and form of the tem-
12 porary restricted permit shall be provided by administrative rule.
13 (5) The department shall not suspend or revoke a driver's license or
14 privileges for a period of more than one (1) year, unless otherwise provided
15 by law. The provisions of this subsection shall not be applicable with respect
16 to the issuance of temporary restricted permits as provided in section 49-325,
17 Idaho Code, nor shall it be applicable to those suspensions placed on an
18 individual's record for the purpose of administering suspensions ordered to
19 take effect after an individual's release from confinement or imprisonment
20 pursuant to chapter 80, title 18, Idaho Code.
21 (6) The department shall not disqualify a driver for a period longer than
22 specified by 49 CFR part 383.
23 SECTION 13. This act shall be in full force and effect on and after Janu-
24 ary 1, 2001.
STATEMENT OF PURPOSE
RS 10060
This legislation addresses a disproportionately high teen involvement in motor vehicle
crashes where death and injury occur, and teen drivers, significant over-representation in
moving traffic violations. The legislation amends Idaho code to create a supervised
instruction permit to augment regular driver training programs. The intent is to add more
training experience in a supervised setting before teens may apply for a regular Class D
driver's license. To date, 36 states have enacted new driver licensing laws around a
graduated licensing model, and another ten states will consider similar legislation this
year. This legislation addresses a 50-year licensing model that require 30 hours of
classroom instruction and just 6 hours of behind-the- wheel training before a teen may
apply for a driver's license. The legislation is intended to prepare young drivers for the
experiences they will face on the road by 1) requiring more supervised behind-the-wheel
training; 2) staging the licensing process with a driver's skills, experience and capabilities
and 3) applying appropriate restrictions, including provisions for a clean driving record
before a driver can proceed and complete the phased licensing process. Evidence
suggests these components reduce the incidence of teen collisions and citations.
FISCAL IMPACT
The proposed legislation would require modification to the Idaho Transportation
Department's automated computer system to implement the program. An estimated,
one-time contractor cost to modify the required programs involves 300 programming
hours. Contractor cost is $65 per hour, or $19,500.
Contact
Name: Rep. Bob Schaefer, Sen. Jack Riggs, Sen. Betsy Dunklin
Phone: 332-1000
Dave Carlson
342-9391
STATEMENT OF PURPOSE/FISCAL NOTE H 643