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H0248.........................................by TRANSPORTATION AND DEFENSE DRIVERS - Amends existing law to require that students completing a driver's training course shall, before obtaining a driver's license, operate a vehicle for at least six months with a supervised instruction permit; and to specify the requirements and conditions of the supervised instruction permit. 02/15 House intro - 1st rdg - to printing 02/16 Rpt prt - to Transp
H0248|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 248 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 CORRECT A CODIFIER'S ERROR; 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 "INSTRUCTION PERMIT" AND "SUPERVISED INSTRUCTION PERMIT"; 9 AMENDING SECTION 49-303, IDAHO CODE, TO CLARIFY THAT A DRIVER'S TRAINING 10 INSTRUCTION COURSE SHALL INCLUDE COMPLETING THE REQUIREMENTS OF A SUPER- 11 VISED INSTRUCTION PERMIT AND TO PROVIDE AN EXCEPTION; AMENDING SECTION 12 49-303A, IDAHO CODE, TO CLARIFY THAT PERSONS UNDER EIGHTEEN YEARS OF AGE 13 MAY BE ISSUED A DRIVER'S TRAINING INSTRUCTION PERMIT OR A SUPERVISED 14 INSTRUCTION PERMIT; AMENDING SECTION 49-305, IDAHO CODE, TO PROVIDE THAT A 15 CLASS D INSTRUCTION PERMIT MAY ONLY BE ISSUED TO PERSONS SEVENTEEN YEARS 16 OF AGE OR OLDER, TO CLARIFY THAT THE ADULT DRIVER MUST BE EIGHTEEN YEARS 17 OF AGE OR OLDER AND TO DELETE OBSOLETE PROVISIONS; AMENDING SECTION 18 49-306, IDAHO CODE, TO PROVIDE THAT INFORMATION REQUIRED ON AN APPLICATION 19 FOR A DRIVER'S LICENSE SHALL ALSO BE REQUIRED ON AN APPLICATION FOR A 20 DRIVER'S TRAINING INSTRUCTION PERMIT/SUPERVISED INSTRUCTION PERMIT AND TO 21 PROVIDE A FEE FOR A SUPERVISED INSTRUCTION PERMIT AND TO MAKE A TECHNICAL 22 CORRECTION; AMENDING SECTION 49-307, IDAHO CODE, TO PROHIBIT ATTENDANCE OR 23 PARTICIPATION IN A DRIVER'S TRAINING COURSE UNTIL A DRIVER'S TRAINING 24 INSTRUCTION PERMIT HAS BEEN OBTAINED, TO REQUIRE THAT A STUDENT SHALL 25 OPERATE A MOTOR VEHICLE UNDER THE TERMS AND CONDITIONS OF A SUPERVISED 26 INSTRUCTION PERMIT FOLLOWING SUCCESSFUL COMPLETION OF A DRIVER'S TRAINING 27 COURSE, AND TO PROVIDE RESTRICTIONS AND REQUIREMENTS OF A SUPERVISED 28 INSTRUCTION PERMIT WHICH MUST BE SATISFIED BEFORE A STUDENT MAY APPLY FOR 29 A CLASS D DRIVER'S LICENSE; AMENDING SECTION 49-310, IDAHO CODE, TO PRO- 30 VIDE PROPER NOMENCLATURE AND TO PROVIDE THAT A PERSON SIGNING AN APPLICA- 31 TION TO ASSUME AUTHORITY FOR THE DRIVING PRIVILEGES OF A PERSON UNDER 32 EIGHTEEN YEARS OF AGE SHALL ATTEST THAT THE CONDITIONS REQUIRED ON A 33 SUPERVISED INSTRUCTION PERMIT SHALL HAVE BEEN SATISFIED WHEN THE STUDENT 34 APPLIES FOR A DRIVER'S LICENSE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 35 SECTION 49-313, IDAHO CODE, TO DELETE OBSOLETE PROVISIONS RELATING TO 36 APPLICATION FOR A DRIVER'S LICENSE FOLLOWING COMPLETION OF A DRIVER'S 37 TRAINING COURSE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 38 49-322, IDAHO CODE, TO PROVIDE AUTHORITY TO THE TRANSPORTATION DEPARTMENT 39 TO CANCEL DRIVING PERMITS UNDER SPECIFIED CONDITIONS; AMENDING SECTION 40 49-326, IDAHO CODE, TO PROVIDE AUTHORITY TO THE TRANSPORTATION DEPARTMENT 41 TO SUSPEND THE DRIVER'S LICENSE OF A PERSON UNDER SEVENTEEN YEARS OF AGE, 42 TO DENY RESTRICTED DRIVING PRIVILEGES DURING SUSPENSION, TO PROVIDE TERMS 43 OF SUSPENSION AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN EFFEC- 44 TIVE DATE. 45 Be It Enacted by the Legislature of the State of Idaho: 2 1 SECTION 1. That Section 33-1702, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 33-1702. MINIMUM STANDARDS FOR COURSES. (1) The state board of education 4 and the transportation department shall cooperate in establishing, and amend- 5 ing as need arises, minimum standards for driver training programs reimburs- 6 able hereunder. 7 (2) Such standards shall require not less than thirty (30) clock hours of 8 classroom instruction , six (6) hours observation time in a driver train- 9 ing car, and six (6) hours behind - the - wheel 10 practice driving; but the state board of education may allow in lieu of not 11 more than three (3) hours of such practice driving, such equivalent thereof in 12 simulated practice driving as the said board may have, by uniformregu-13lationsrule , approved. The board shall adopt standards 14 necessary to allow completion of the thirty (30) clock hours of required 15 classroom instruction through an approved correspondence course. 16 (3) When an approved driver training course is provided by a private, 17 commercial driver training school, the standards for the driver training pro- 18 gram as specified in subsection (2) of this section can be satisfied if all of 19 the following alternative requirements are met: 20 (a) No more than four (4) students are in a class; and 21 (b) Not less than thirty (30) hours of classroom instruction are pro- 22 vided; and 23 (c) Not less than six (6) hours behind-the-wheel practice driving are 24 required; and 25 (d) Not less than six (6) hours of observation time are completed with a 26 parent or legal guardian. 27 SECTION 2. That Section 33-1703, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 33-1703. ELIGIBLE PUPILS -- TIME COURSES OFFERED. Reimbursable programs 30 shall be open to all residents of the state, of the ages fourteen and 31 one-half (14 1/2 ) through twenty-one (21) years whether or 32 not they are enrolled in a public, private or parochial school. Residents liv- 33 ing within any school district operating, or participating in the operation 34 of, an authorized driver training program, shall enroll, when possible, in the 35 training program offered in the school district of residence. 36 No charge or enrollment fee, not required to be paid by public school 37 pupils for driver training, shall be required to be paid by residents not then 38 attending public schools. 39 Driver training programs herein authorized may, at the discretion of the 40 board of trustees, be conducted after school hours, or on Saturdays, or during 41 regular school vacations. 42 SECTION 3. That Section 49-110, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 49-110. DEFINITIONS -- I. 45 (1) "Identifying number" means: 46 (a) Motor number. That identifying number stamped on the engine of a 47 vehicle. 48 (b) Vehicle identification number. The numbers and letters, if any, 49 placed on a vehicle by the manufacturer for the purpose of identifying the 50 vehicle. 3 1 (2) "Implements of husbandry" means every vehicle including self-pro- 2 pelled units, designed or adapted and used exclusively in agricultural, horti- 3 cultural, dairy and livestock growing and feeding operations when being inci- 4 dentally operated. Such implements include, but are not limited to, combines, 5 discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers, 6 harvesting and stacking equipment, pesticide applicators, plows, swathers, 7 mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or 8 drawing any implement of husbandry shall be construed to be an implement of 9 husbandry. "Implements of husbandry" do not include semitrailers, nor do they 10 include motor vehicles or trailers, unless their design limits their use to 11 agricultural, horticultural, dairy or livestock growing and feeding opera- 12 tions. 13 (3) "Incidentally operated" means the transport of the implement of hus- 14 bandry from one (1) farm operation to another. 15 (4) "Individual record" means a record containing personal information 16 about a designated person who is the subject of the record as identified in a 17 request for information. 18 (5) "Infraction" means a civil public offense, not constituting a crime, 19 which is not punishable by incarceration and for which there is no right to a 20 trial by jury or right to court-appointed counsel, and which is punishable by 21 only a penalty not exceeding one hundred dollars ($100) and no imprisonment. 22 (6) (a) "Instruction permit" means a temporary privilege to oper- 23 ate a motor vehicle issued pursuant to the provisions of section 49-305, 24 Idaho Code. 25 26 (b) "Supervised instruction permit" means a temporary privilege to 27 operate a motor vehicle for which a class D driver's license is required, 28 issued pursuant to the provisions of section 49-307, Idaho Code. 29 (7) "Instructor" means any person, whether acting for himself as 30 operator of a commercial driver training school or for such a school for com- 31 pensation, who teaches, conducts classes of, gives demonstrations to, or 32 supervises practice of, persons learning to operate or drive motor vehicles. 33 (78 ) "Insurer" means any insurer, public or 34 private, which shall include, but not be limited to, insurance companies domi- 35 ciled in the state of Idaho, agents, adjuster or any other person acting on 36 behalf of any insurance not domiciled in the state of Idaho and any self-in- 37 sured entity operating under Idaho insurance laws or rules. 38 (89 ) "Intersection" means: 39 (a) The area embraced within the prolongation or connection of the lat- 40 eral curb lines, or, if none, then the lateral boundary lines of the road- 41 ways of two (2) highways which join one another at, or approximately at, 42 right angles, or the area within which vehicles traveling upon different 43 highways joining at any other angle may come in conflict. 44 (b) Where a highway includes two (2) roadways thirty (30) feet or more 45 apart, then every crossing of each roadway of the divided highway by an 46 intersecting highway shall be regarded as a separate intersection. In the 47 event an intersecting highway also includes two (2) roadways thirty (30) 48 feet or more apart, then every crossing of two (2) roadways of the high- 49 ways shall be regarded as a separate intersection. 50 (c) The junction of an alley with a street or highway shall not consti- 51 tute an intersection. 52 SECTION 4. That Section 49-303, Idaho Code, be, and the same is hereby 53 amended to read as follows: 4 1 49-303. WHAT PERSONS SHALL NOT BE LICENSED. The department shall not 2 issue any driver's license, instruction permit, driver's training permit, 3 privileges or right to drive and if issued, may revoke or cancel the driver's 4 license of a person who: 5 (1) As an operator of a vehicle requiring a class D driver's license, is 6 under the age of seventeen (17) years, except that the department may issue a 7 driver's license to any person who has successfully completed an approved 8 driver training course , has completed the requirements of a supervised 9 instruction permit, and who is at least fifteen (15) years of age, with 10 driving privileges restricted to daylight hours only, and with full privileges 11 at sixteen (16) years of age. The restriction of daylight hours only shall 12 mean that period of time one-half (1/2) hour before sunrise to one-half (1/2) 13 hour after sunset. If a person under the age of seventeen (17) years has 14 successfully completed an approved driver training course and has been issued 15 a driver's license in another state, he may be issued a class D driver's 16 license in this state. 17 (2) As an operator of a vehicle requiring a class D driver's license, is 18 under the age of seventeen (17) years and has not successfully completed an 19 approved driver training course and has not completed the requirements 20 of a supervised instruction permit . 21 (3) As an operator of a commercial vehicle requiring a class A, B or C 22 driver's license is under the age of eighteen (18) years. 23 (4) Applicants with less than one (1) year of driving experience, as evi- 24 denced by a previous driver's license shall not be issued a class A, B or C 25 driver's license. 26 (5) As a driver has had his license, instruction permit, driver training 27 permit, privileges or right to drive suspended for the duration of the suspen- 28 sion, nor to any person whose license has been revoked, suspended, cancelled 29 or disqualified by this state or any other jurisdiction. 30 (6) Is an habitual drunkard, or is addicted to the use of narcotic drugs. 31 (7) Has previously been adjudged to be afflicted with or suffering from 32 any mental disability or disease and who has not at the time of application 33 been restored to competency by the methods provided by law. 34 (8) Is required by the provisions of this chapter to take an examination, 35 unless that person shall have successfully passed such examination. 36 (9) May be required under any law of this state to furnish proof of 37 financial responsibility and who has not furnished that proof. 38 (10) The department has good cause to believe that the operation of a 39 motor vehicle on the highways by that person would be harmful to public safety 40 or welfare. 41 (11) Is disqualified for a class A, B or C license, except he may be 42 issued a class D driver's license. 43 (12) Is under eighteen (18) years of age and is not enrolled in school, 44 has not received a waiver pursuant to or has not satisfactorily completed 45 school as provided in section 49-303A, Idaho Code. 46 (13) Is not a resident of the state of Idaho. 47 SECTION 5. That Section 49-303A, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 49-303A. DRIVER'S LICENSE OR PERMITS ISSUED TO CERTAIN PER- 50 SONS UNDER THE AGE OF EIGHTEEN YEARS. (1) Attendance requirements. The depart- 51 ment may issue a driver's license , a driver's training instruction per- 52 mit, a supervised instruction permit, or instruction permit to a minor 53 younger than eighteen (18) years of age if, at the time of application, the 5 1 minor: 2 (a) Has received a high school diploma, a high school equivalency 3 diploma, a special diploma or a certificate of high school completion; 4 (b) Is enrolled in a public or private school and satisfies relevant 5 attendance requirements; 6 (c) Is enrolled in a study course in preparation for a test of general 7 educational development and satisfies relevant attendance requirements; 8 (d) Is enrolled in a home education program and satisfies the require- 9 ments of rules of the state board of education and the state department of 10 education for such programs; provided that students shall be in compliance 11 with the requirements and have been enrolled in the home education program 12 for at least one (1) school year prior to verification of the attendance 13 request, unless documentation of meeting the requirements of this section 14 in the school year contiguous to enrollment in the home education program 15 can be provided; 16 (e) Is enrolled in an accredited college or university; 17 (f) Is enrolled in a postsecondary vocational program or a postsecondary 18 adult vocational program and satisfying relevant attendance requirements; 19 (g) Is enrolled in a job training program pursuant to state or federal 20 law and satisfying relevant attendance requirements; or 21 (h) Is enrolled in other educational activities approved by the board of 22 trustees of the school district and satisfying relevant attendance 23 requirements. 24 (2) (a) An applicant for a driver's license who is under the age of eigh- 25 teen (18) shall provide written verification of compliance with the 26 requirements of subsection (1) of this section or receipt of a waiver 27 therefrom pursuant to subsection (3) of this section to the department. 28 The necessary verification shall be obtained from the school district. If 29 the applicant is enrolled in or has graduated from a private high school, 30 the verification shall be obtained by the applicant from the governing 31 body of the private school. A school district shall not refuse to provide 32 written verification of compliance with the requirements of this section 33 to the department. 34 (b) Schools may implement interventions designed to improve student 35 attendance with their district policies and procedures. 36 (c) When applying for a license or any instruction permit, 37 an applicant under age eighteen (18) must provide written verification to 38 the department of compliance with the requirements of subsection (1) of 39 this section or receipt of a waiver therefrom, pursuant to subsection (3) 40 of this section. Written verification shall be obtained from the 41 applicant's school. The applicant's school shall not refuse to provide 42 written verification of compliance with the requirements of this section 43 to the department. 44 (3) (a) A public school principal, or the principal's designee, or the 45 designee of the governing body of a private school shall provide written 46 notification to a minor and the minor's parent, guardian or custodian of 47 the school district's or private school's intent to request that the 48 department suspend the minor's driving privileges because the minor has 49 dropped out of school and has failed to comply with the requirements of 50 subsection (1) of this section. 51 (b) The minor or the parent, guardian or custodian of the minor shall 52 have fifteen (15) calendar days from the date of receipt of this notice to 53 request a hearing before the public school principal, or the principal's 54 designee, or the designee of the governing body of a private school for 55 the purpose of reviewing the pending suspension. The hearing shall be 6 1 conducted within thirty (30) calendar days after the public school princi- 2 pal, or the principal's designee, or the designee of the governing body of 3 a private school receives the request. 4 (c) The public school principal, or the principal's designee, or the des- 5 ignee of the governing body of a private school shall waive the require- 6 ments of subsection (1) of this section for any minor under its jurisdic- 7 tion for whom a personal or family hardship requires that the minor have a 8 driver's license for his or her own or his or her family's employment or 9 medical care. The public school principal, or the principal's designee, 10 or the designee of the governing body of a private school shall take into 11 account the recommendations of teachers, other school officials, guidance 12 counselors or academic advisors prior to granting a waiver to the require- 13 ments of subsection (1) of this section. 14 (d) The hardship waiver provided in paragraph (c) of this section shall 15 be requested, if desired by the minor or the minor's parent, guardian or 16 custodian at the initial hearing. 17 (4) Any person denied a hardship waiver by a public school principal, or 18 the principal's designee, or the designee of the governing body of a private 19 school may appeal the decision to the board of trustees of the school district 20 or the governing body of the private school. The public or private school 21 shall notify the department of all students not in compliance with subsection 22 (1) of this section or who have been granted a hardship waiver pursuant to 23 subsection (3) of this section. 24 (5) Upon receiving written verification that the reinstatement fees have 25 been paid and the minor is again in compliance with the requirements of sub- 26 section (1) of this section, the department shall reinstate the minor's privi- 27 lege to drive. Thereafter, if the school district determines that the minor 28 is not in compliance with the requirements of subsection (1), the department 29 shall suspend the minor's driving privilege until the minor is eighteen (18) 30 years old or otherwise satisfies the requirements of subsection (1) of this 31 section, whichever occurs first. 32 (6) The department shall report quarterly to each school district the 33 disposition of all requests to suspend driver's licenses of students of that 34 district. Beginning with the 1996-97 school year, each school district and 35 each private school shall report the number of notifications issued of possi- 36 ble student driver's license suspensions based on nonattendance, requests to 37 the department to suspend a driver's license and student driver's licenses 38 actually suspended. 39 SECTION 6. That Section 49-305, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 49-305. INSTRUCTION PERMITS -- TEMPORARY LICENSES -- TEMPORARY DRIVER'S 42 TRAINING INSTRUCTION PERMIT. (1) Upon passage of the required knowledge tests 43 appropriate for the vehicle being operated, the department may issue an 44 instruction permit for the type of vehicle(s) the person will be operating, 45 entitling the applicant, while having the permit in his immediate possession, 46 to drive a motor vehicle upon the highways for a period of up to one hundred 47 eighty (180) days. That person must be accompanied by an adult driver 48 eighteen (18) years of age or older who holds a driver's license appro- 49 priate for the vehicle being operated and who is actually occupying a seat 50 beside the driver. 51 (a) Any person who has reached the age offifteensev- 52 enteen (157 ) years, and who has53successfully completed an approved driver training coursemay apply 7 1 for a class D instruction permit .with driving privi-2leges restricted to daylight hours only, and with full privileges at six-3teen (16) years of age. The restriction of daylight hours only shall mean4that period of time one-half hour before sunrise to one-half (1/2) hour5after sunset.Any person applying for an instruction permit or 6 driving privileges who is under the age of eighteen (18) years shall be in 7 compliance with school attendance requirements of section 49-303A, Idaho 8 Code. 9 (b) Any person who has reached the age of eighteen (18) years may apply 10 for a class A, B or C instruction permit. 11 (c) On and after April 1, 1992, federal highway administration rules and 12 regulations concerning instruction permits, as specified in 49 CFR part 13 383, will be in effect for commercial motor vehicle operators. 14 (2) The department may, at its discretion, issue a temporary class D 15 driver's license to an applicant for a class D driver's license permitting him 16 to operate a motor vehicle while the department is completing its investiga- 17 tion and determination of all facts relative to the applicant's right to 18 receive a driver's license. The temporary license may be cancelled at the 19 department's discretion at any time after issuance. The temporary license must 20 be in the applicant's immediate possession while operating a motor vehicle, 21 and it shall be invalid when the applicant's driver's license has been issued 22 or for good cause has been refused. 23 (3) If an applicant for a driver's training instruction permit cannot 24 provide a certified copy of his birth certificate at the time of application, 25 the department may issue a temporary driver's training instruction permit upon 26 receipt of both a photo identification and a letter from the school verifying 27 the applicant's enrollment in a driver training course. 28 (4) The department may issue a motorcycle endorsement instruction permit 29 to an applicant who has a valid driver's license and who has successfully com- 30 pleted the motorcycle riders knowledge test and paid the appropriate fees. The 31 permit entitles the applicant, while having the permit in his immediate pos- 32 session, to operate a motorcycle upon the highways for a period not to exceed 33 one hundred eighty (180) days. If the permittee passes the skills test for a 34 motorcycle endorsement within one hundred eighty (180) days of issuance of the 35 motorcycle endorsement instruction permit, he shall not be required to pay the 36 motorcycle endorsement fee. A person holding a motorcycle instruction permit 37 shall not carry any passenger while operating a motorcycle, shall not operate 38 a motorcycle except during the hours of daylight only and shall not operate a 39 motorcycle upon any interstate highway system. 40 A violation of the conditions of a motorcycle endorsement instruction per- 41 mit is a misdemeanor. The department shall cancel the permit whether or not 42 such violation results in conviction of the misdemeanor. 43 SECTION 7. That Section 49-306, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 49-306. APPLICATION FOR DRIVER'S LICENSE OR INSTRUCTION PERMIT. (1) Every 46 application for a driver's training instruction permit/supervised 47 instruction permit, an instruction permit or for a driver's license 48 shall be made upon a form furnished by the department and shall be verified by 49 the applicant before a person authorized to administer oaths. Officers and 50 employees of the department and sheriffs and their deputies are authorized to 51 administer the oaths without charge. Every application for a permit, extension 52 or driver's license shall be accompanied by the following fee, none of which 53 is refundable: 8 1 (a) Class A, B, C license with endorsements ...................... $24.50 2 (b) Class D license .............................................. $20.50 3 (c) Class A, B, C instruction permit ............................. $15.50 4 (d) Class D instruction permit or supervised instruction 5 permit ..................................................... $11.50 6 (e) Duplicate driver's license or permit issued under section 49-318, 7 Idaho Code ........................................................ $11.50 9 1 (f) Driver's license extension issued under section 49-319, Idaho Code 2 ................................................................... $ 6.50 3 (g) License classification change (upgrade) ...................... $15.50 4 (h) Endorsement addition ......................................... $11.50 5 (i) Class A, B, C skills tests ..................... not more than $55.00 6 (j) Class D skills test .......................................... $15.00 7 (k) Motorcycle endorsement skills test ........................... $ 5.00 8 (l) Knowledge test ............................................... $ 3.00 9 (m) Seasonal driver's license..................................... $23.50 10 (n) One time motorcycle "M" endorsement .......................... $11.50 11 (o) Motorcycle endorsement instruction permit .................... $11.50 12 (p) Restricted driving permit .................................... $35.00 13 (2) Every application shall state the full name, date of birth, place of 14 birth, sex, Idaho residence address and mailing address, if different, of the 15 applicant, height, weight, hair color, and eye color, and the applicant's 16 social security number as verified by the applicant's social security card or 17 by the social security administration. A driver's license or instruction per- 18 mit issued on and after January 1, 1993, shall not contain an applicant's 19 social security number. Applications on file shall be exempt from disclosure 20 except as provided in sections 49-202, 49-203, 49-203A and 49-204, Idaho Code. 21 Every application shall also state whether the applicant has previously been 22 licensed as a driver, and if so, when and by what state or country, and 23 whether a driver's license or privileges have ever been suspended, revoked, 24 denied, disqualified, cancelled or whether an application has ever been 25 refused, and if so, the date of and reason for the suspension, revocation, 26 denial, disqualification, cancellation or refusal and the applicant's oath 27 that all information is correct as signified by the applicant's signature. The 28 applicant may be required to submit proof of identity and date of birth as set 29 forth in a certified copy of his birth certificate and other satisfactory evi- 30 dence to satisfy the issuing officer or the department. 31 (3) Whenever an application is received from a person previously licensed 32 in another jurisdiction, the department shall request a copy of the driver's 33 record from the other jurisdiction and shall contact the national driver reg- 34 ister. When received, the driver's record from the previous jurisdiction shall 35 become a part of the driver's record in this state with the same force and 36 effect as though entered on the driver's record in this state in the original 37 instance. 38 (4) Whenever the department receives a request for a driver's record from 39 another licensing jurisdiction, the record shall be forwarded without charge. 40 (5) The department shall contact and notify the commercial driver license 41 information system of the proposed application for a class A, B or C driver's 42 license to insure identification of the person and to obtain clearance to 43 issue the license. 44 (6) When the fees required under this section are collected by a county 45 officer, they shall be paid over to the county treasurer not less often than 46 monthly, who shall immediately: 47 (a) Deposit an amount equal to five dollars ($5.00) from each driver's 48 license or instruction permit application fees, application for a dupli- 49 cate driver's license or permit, classification change, seasonal driver's 50 license and additional endorsement in the current expense fund; and 51 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle 52 endorsement and motorcycle endorsement instruction permit fee in the cur- 53 rent expense fund; and 54 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a 55 knowledge test in the current expense fund; and 10 1 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a 2 motorcycle endorsement skills test in the current expense fund; provided 3 however, if a contractor administers the skills test he shall be entitled 4 to the five dollar ($5.00) fee; 5 (e) Remit the remainder to the state treasurer; and 6 (f) Deposit eleven dollars and fifty cents ($11.50) from each fee for a 7 class D skills test into the county current expense fund, unless the test 8 is administered by a department-approved contractor, in which case the 9 contractor shall be entitled to eleven dollars and fifty cents ($11.50) of 10 each fee. 11 (7) When the fees required under this section are collected by a state 12 officer or agency, they shall be paid over to the state treasurer. 13 (8) The state treasurer shall distribute the moneys received from fees 14 imposed by the provisions of this section, whether collected by a county offi- 15 cer or by a state officer or agency as follows: 16 (a) Two dollars ($2.00) of each fee for a driver's license or seasonal 17 driver's license shall be deposited in the emergency medical services 18 account II created in section 39-146A, Idaho Code; and 19 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal 20 or class A, B, or C driver's license shall be deposited in the state high- 21 way account; and 22 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, B, or 23 C instruction permit or driver's license classification change shall be 24 deposited in the state highway account; and 25 (d) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea- 26 sonal or class A, B, or C driver's license, class A, B, or C driver's 27 license extension, or additional endorsement shall be deposited in the 28 state highway account; and 29 (e) Four dollars ($4.00) of each fee for a motorcycle endorsement and 30 motorcycle endorsement instruction permit shall be deposited in the state 31 highway account; and 32 (f) Five dollars and thirty cents ($5.30) of each fee for a class D 33 driver's license shall be deposited in the driver training account; and 34 (g) Seven dollars and twenty cents ($7.20) of each fee for a class D 35 driver's license shall be deposited in the highway distribution account; 36 and 37 (h) Two dollars and sixty cents ($2.60) of each fee for a class D 38 instruction permit, duplicate class D license or permit, and class D 39 license extension shall be deposited in the driver training account; and 40 (i) Three dollars and ninety cents ($3.90) of each fee for a class D 41 instruction permit, duplicate class D license or permit, and class D 42 license extension shall be deposited in the highway distribution account; 43 and 44 (j) Five dollars ($5.00) of each fee for a class A, B, or C skills test 45 shall be deposited in the state highway account; and 46 (k) One dollar ($1.00) of each fee for a class A, B, C or D driver's 47 license shall be deposited in the motorcycle safety program fund estab- 48 lished in section 33-4904, Idaho Code.; and 49 (l) Three dollars and fifty cents ($3.50) of each fee for a class D 50 skills test shall be deposited into the state highway account. 51 (9) The contractor administering a class A, B, or C skills test shall be 52 entitled to not more than fifty dollars ($50.00) of the skills test fee. A 53 contractor administering a class A, B, or C skills test may collect an addi- 54 tional fee for the use of the contractor's vehicle for the skills test. 55 (10) Thirty-five dollars ($35.00) of each restricted driving permit shall 11 1 be deposited in the state highway account. 2 (11) The department may issue seasonal class B or C driver's licenses 3 that: 4 (a) Will only be valid for driving commercial vehicles that normally 5 require class B or C commercial driver's licenses; 6 (b) Will be valid for seasonal periods that begin on the date of issuance 7 and that are not to exceed one hundred eighty (180) days in a twelve (12) 8 month period; 9 (c) May only be obtained twice in a driver's lifetime; 10 (d) Are valid only within a one hundred fifty (150) mile radius of the 11 place of business or farm being serviced; and 12 (e) Will be valid only in conjunction with valid Idaho class D driver's 13 licenses. 14 (12) The department may issue seasonal class B or C driver's licenses to 15 drivers who: 16 (a) Have not violated the single license provisions of 49 CFR part 383; 17 (b) Have not had any license suspensions, revocations or cancellations; 18 (c) Have not had any convictions in any vehicle for any offense listed in 19 section 49-335(1) or 49-335(2), Idaho Code, or any one (1) serious traffic 20 offense; 21 (d) Have at least one (1) year of driving experience with a class D or 22 equivalent license in any type motor vehicle; and 23 (e) Are at least sixteen (16) years old. 24 SECTION 8. That Section 49-307, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 49-307. FEE FOR DRIVER'S TRAINING INSTRUCTION PERMIT -- SUPERVISED 27 INSTRUCTION PERMIT . (1) Every enrollee of a driver training course in 28 a public school shall pay a nonrefundable fee of thirty dollars ($30.00). 29 Twenty-five dollars ($25.00) of each fee so imposed shall be deposited in the 30 driver training account and five dollars ($5.00) will be deposited in the 31 county current expense fund. 32 (2) Every enrollee of a driver's training course offered by a commercial 33 business shall pay a nonrefundable fee of ten dollars ($10.00). Five dollars 34 ($5.00) of the fee so imposed shall be deposited in the driver training 35 account and five dollars ($5.00) shall be deposited in the county current 36 expense fund. 37 (3) Each enrollee of a driver training course shall provide the type of 38 information required for a driver's license or instruction permit, but the 39 driver's training instruction permit shall be issued to the instructor of the 40 course, and the driver training instruction permit shall expire one (1) year 41 from the issue date. No enrollee of any driver training course shall be 42 allowed to attend classes or participate in driving instruction unless he has 43 obtained a driver's training instruction permit. 44 (4) Upon successful completion of the driver training course, the 45 driver's training instructor shall date and sign the driver's training 46 instruction permit over to the parent or legal guardian of the student and the 47 parent or legal guardian shall be responsible for ensuring the student com- 48 plies with the requirements of operating a vehicle with a supervised instruc- 49 tion permit. The signed and dated driver's training instruction permit shall 50 then serve as a supervised instruction permit. 51 (5) No student may apply for a class D driver's license sooner than six 52 (6) months after completing a driver's training course, and the student shall 53 have satisfied all requirements for operation of a vehicle with a supervised 12 1 instruction permit: 2 (a) The student shall not operate a vehicle unless he is accompa- 3 nied by a driver who holds a valid driver's license, is twenty-one (21) 4 years of age or older, and who is actually occupying a seat beside the 5 driver. The supervising driver and the student shall be the only occupants 6 of the front passenger section of the vehicle. 7 8 (b) The student shall accumulate at least fifty (50) hours of 9 supervised driving time, ten (10) hours of which shall be during hours of 10 darkness. 11 12 (c) The permit shall be in the student's immediate possession at 13 all times while operating a vehicle. 14 15 (d) In addition to the student driver and the supervising driver, 16 all other occupants of the vehicle shall wear a seat belt or be restrained 17 by child passenger restraints. 18 19 (e) The student is subject to the provisions of sections 18-1502 20 and 18-8004, Idaho Code, relating to violation of age restrictions on con- 21 sumption of beer, wine, and alcohol and driving under the influence of 22 such substances. 23 24 (f) The student shall not have been convicted of any moving traffic 25 violation, or suspended by the department or the court for any offense, or 26 found to be in violation of any of the restrictions on the supervised 27 instruction permit, for a period of at least six (6) months from the date 28 the driver's training instructor signs the permit over to the parent or 29 legal guardian. A first conviction shall result in cancellation of the 30 supervised instruction permit for a period of thirty (30) days, a second 31 conviction shall result in cancellation of the permit for a period of 32 sixty (60) days, and a third conviction shall result in cancellation of 33 the permit for a period of ninety (90) days. The student may reapply for a 34 supervised instruction permit at the end of the cancellation period, shall 35 pay the appropriate fees for reinstatement and a new supervised instruc- 36 tion permit as applicable, and shall again be required to operate with the 37 supervised permit for at least six (6) months from the new date of issue, 38 without a conviction or suspension, and accumulate the hours of driving 39 time as specified in paragraph (b) of this subsection (5). 40 (6) Upon completion of the requirements in subsection (5) of this sec- 41 tion, the student shall take the skills test administered by a person certi- 42 fied by the Idaho transportation department to administer skills tests. 43 (7) Upon passage of the skills test, the student may apply for a class D 44 driver's license with driving privileges restricted to daylight hours for per- 45 sons under sixteen (16) years of age, and with full privileges at sixteen (16) 46 years of age or older. The restriction of daylight hours only shall mean that 47 period of time one-half (1/2) hour before sunrise to one-half (1/2) hour after 48 sunset. 49(4) No enrollee of any driver training course shall be allowed to50complete the course unless he has obtained a driver's training instruction51permit.52 SECTION 9. That Section 49-310, Idaho Code, be, and the same is hereby 53 amended to read as follows: 13 1 49-310. APPLICATIONS OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS. (1) The 2 application of any person under the age of eighteen (18) years for an instruc- 3 tion permit, driver's training instruction permit/supervised instruction 4 permit, restricted driver's license or driver's license shall be signed 5 and verified before a person authorized to administer oaths by either the 6 father or mother of the applicant, if both are living and have custody of him; 7 or if either be dead, then by the surviving parent who has custody of him; or 8 by the Idaho resident host of a foreign exchange student, or in the event nei- 9 ther parent is living, or if living and does not have the custody of the 10 applicant, then by the person or guardian having such custody or by an 11 employer of the applicant. In the event there is no guardian or employer then 12 some other responsible person willing to assume the obligation for the appli- 13 cant may sign the application. Any person who signs the applicant's applica- 14 tion shall attest that the applicant is in compliance with the school atten- 15 dance provisions of section 49-303A, Idaho Code , and, when signing for a 16 driver's training permit/supervised instruction permit, shall attest that the 17 minor person has satisfied the requirements and conditions applicable to a 18 supervised instruction permit pursuant to section 49-307, Idaho Code, when the 19 minor person applies for a driver's license . The person willing to 20 assume responsibility for the applicant must be at least eighteen (18) years 21 of age. 22 (2) Any negligence or wil l ful misconduct of a person under 23 the age of eighteen (18) years when operating a motor vehicle upon a highway 24 shall be imputed to the person who signed the application of that person for a 25 permit or driver's license, and that person shall be jointly and severally 26 liable with the permit or driver's license holder for any damage caused by 27 negligence or wil l ful misconduct, except as otherwise provided by 28 law. 29 (3) In the event a permit or driver's license holder under the age of 30 eighteen (18) years deposits, or there is deposited upon his behalf, proof of 31 financial responsibility in respect to the operation of any motor vehicle, in 32 form and in amounts as required under the motor vehicle financial responsibil- 33 ity laws of this state, or by the director if the form and amount is not fixed 34 by law, then the department may accept the application when signed by one (1) 35 parent or guardian of the applicant, and while that proof is maintained the 36 parent or guardian shall not be subject to the liability imposed under subsec- 37 tion (2) of this section. 38 (4) Any person who has signed the application of a minor for a permit or 39 driver's license shall be liable civilly for the payment of any court penalty 40 imposed because the minor has been found to have committed an infraction 41 violation. The provisions of this section shall not apply or create any civil 42 liability for the person signing the application in connection with any pedes- 43 trian or bicycle infraction, and provided this subsection shall not apply to 44 any civil action where the plaintiff is other than the state of Idaho. 45 SECTION 10. That Section 49-313, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 49-313. EXAMINATION OF APPLICANTS. (1) The sheriff, his deputy or autho- 48 rized agents of the department shall examine every applicant for an instruc- 49 tion permit, seasonal driver's license, or a driver's license or a motorcycle 50 endorsement, except as otherwise provided by law. The examination shall 51 include a test of the applicant's eyesight, his ability to read and understand 52 highway signs regulating, warning, and directing traffic. A skills test shall 53 be required for an applicant who has not been previously licensed for the 14 1 class of license requested, or who holds a license issued by another country 2 unless a reciprocal agreement is in force. However, a skills test may be 3 required for any and all other applicants at the discretion of the examiner or 4 department for a class A, B, C or D driver's license or a motorcycle endorse- 5 ment. In addition, the applicant's knowledge of traffic laws of this state and 6 when a motorcycle endorsement is applied for, the applicant's knowledge of 7 safe motorcycle operating practices and traffic laws specifically relating to 8 motorcycle operation shall be tested by a written examination, except as pro- 9 vided in section 49-319, Idaho Code. At the discretion of the examiner, the 10 prescribed written examination may be conducted orally. 11 (2) The knowledge and skill s examinations for applicants for 12 driver's licenses in class A, B or C shall be conducted in compliance with 49 13 CFR part 383. 14 (3) The skill s test for a class A, B, C or D driver's 15 license or for any endorsement shall be given by the department or its autho- 16 rized agents. The skills examiner for a motorcycle endorsement shall be certi- 17 fied by the department of education. 18 (4)Any person who has successfully completed an approved driver19training course and who applies for a driver's license more than three (3)20months after completion of the driver training course shall be required to21retake the skill test in addition to any other tests required upon application22for a driver's license.2324(5)The department shall not issue a tank, double/triple 25 trailer, or hazardous material endorsement unless the applicant, in addition 26 to all other applicable qualifications, has passed an appropriate knowledge 27 test. The department shall not issue a passenger endorsement unless the appli- 28 cant, in addition to all other applicable qualifications, has passed an appro- 29 priate knowledge and skills test. 30 (65 ) Any person failing to pass a knowledge or 31 skill s test for a class A, B, C or D driver's license, or a 32 knowledge test for a seasonal driver's license, or any endorsement may not 33 retake the test within three (3) business days of the failure. 34 (76 ) Any person retaking a knowledge or 35 skill s test for a driver's license shall pay the appropriate 36 testing fee as specified in section 49-306, Idaho Code. 37 (87 ) The motorcycle skills test for a motor- 38 cycle endorsement shall be waived by the department: 39 (a) On and after September 1, 1998, if the applicant presents satisfac- 40 tory evidence of successful completion of a recognized motorcycle rider 41 training course approved by the department of education; 42 (b) On and after September 1, 1998, if the applicant presents evidence of 43 a motorcycle endorsement on his current license by a state or province 44 which requires a motorcycle skills test equivalent to that required by 45 Idaho law as determined by the department of education; 46 (c) Until September 1, 1998. 47 (98 ) At the discretion of the department, an 48 alternate skills test for the motorcycle endorsement may be administered when 49 the endorsement is for operation of a three-wheeled motorcycle only. 50 (109 ) The department or its authorized agents 51 may refuse to give an applicant a skills test if there are reasonable grounds 52 to believe that the safety of the applicant, public, or the examiner would be 53 jeopardized by doing so. Reasonable grounds would include, but not be limited 54 to, the applicant's inability to pass the eye test, written tests, or a state- 55 ment by a licensed physician stating the applicant is not physically able to 15 1 drive a motor vehicle. 2 (110 ) The department or its authorized agents 3 may deny issuance or renewal of a driver's license or endorsement to any 4 applicant who does not meet the licensing requirements for the class of 5 driver's license or endorsement being renewed or issued. 6 (121 ) Skill examinations for seasonal driver's 7 licenses shall be waived. 8 SECTION 11. That Section 49-322, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-322. AUTHORITY OF DEPARTMENT TO CANCEL DRIVER'S LICENSE OR PER- 11 MIT . 12 (1) The department shall cancel any driver's license or permit 13 upon determining that the licensee or permittee was not entitled 14 to the issuance of the driver's license or permit , or that the 15 licensee or permittee failed to give the required or correct 16 information in his application, or committed fraud in making the application. 17 (2) Upon a cancellation, the licensee or permittee shall 18 surrender the cancelled driver's license or cancelled permit to 19 the department. 20 (3) The department shall cancel a person's commercial driver's license 21 upon determining that the class A, B, or C licensee has falsified information. 22 Upon cancellation of a class A, B, or C driver's license, the licensee shall 23 be disqualified from operating a commercial motor vehicle for a period of 24 sixty (60) days. 25 SECTION 12. That Section 49-326, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 49-326. AUTHORITY OF DEPARTMENT TO SUSPEND, DISQUALIFY OR REVOKE DRIVER'S 28 LICENSE AND PRIVILEGES. (1) If the court has not ordered the suspension of a 29 license or privileges, the department is authorized to suspend, disqualify or 30 revoke the license or privileges of a driver without preliminary hearing upon 31 a showing by its records or other sufficient evidence that the driver: 32 (a) Has committed an offense for which mandatory revocation, suspension 33 or disqualification of license or privileges is required upon conviction, 34 court order or administrative action; 35 (b) Has been convicted in any court in this state of an offense against a 36 municipal ordinance which would have been grounds for suspension, revoca- 37 tion or disqualification of his driver's license or privileges had the 38 charge been prosecuted under a state law; 39 (c) Is incompetent to drive a motor vehicle; 40 1. Any person who in the opinion of the department, based upon rec- 41 ommendation of the person's personal physician, is afflicted with or 42 subject to any condition which brings about momentary or prolonged 43 lapses of consciousness or control, which is or may become chronic, 44 or when the person is suffering from a physical or mental disability 45 or disease serving to prevent him from exercising reasonable and 46 ordinary control over a motor vehicle while operating it upon the 47 streets and highways, or any person who is unable to understand high- 48 way signs, warning, regulating or directing traffic, is incompetent 49 to drive a motor vehicle. 50 2. Any person who shall not have minimum visual acuity with or with- 51 out corrective lenses of 20/40 in at least one (1) eye as determined 16 1 by the Snellen system or other available systems is incompetent to 2 operate a motor vehicle, however, the department shall have the 3 authority to license such person upon the recommendation of an oph- 4 thalmologist or qualified physician and upon passage of a skills 5 test. At 20/70 or more in both eyes with or without corrective lenses 6 the department may suspend the driver's license and privileges. Any 7 person who applies for or receives any type of tax, welfare or other 8 benefits or exemptions for the blind shall be conclusively presumed 9 incompetent to operate a motor vehicle. 10 3. Any person, department, or political subdivision of the state of 11 Idaho who receives an application for any type of tax, welfare, aid 12 or other benefits or exemptions for the blind shall immediately for- 13 ward the name, address, sex, date of birth, and date of application 14 of the applicant to the department; 15 (d) Has permitted an unlawful or fraudulent use of a driver's license; 16 (e) Has committed an offense, as evidenced by a conviction, court order 17 or administrative action, in another state which if committed in Idaho 18 would be grounds for suspension, disqualification or revocation; 19 (f) Has been convicted of the offense of reckless driving, or fleeing or 20 attempting to elude a peace officer, and providing that the operating 21 privilege shall be suspended for a period of thirty (30) days upon convic- 22 tion and providing further, that if a second conviction occurs within a 23 two (2) year period of time from the time of the first conviction, the 24 suspension shall be for ninety (90) days, and if a third conviction shall 25 occur within a three (3) year period of time from the time of the first 26 conviction, the period of suspension shall be for one (1) year; 27 (g) Has failed to satisfy a judgment as set forth in chapter 12, title 28 49, Idaho Code; 29 (h) Has failed to maintain proof of financial responsibility as set forth 30 in chapter 12, title 49, Idaho Code; 31 (i) Has a driving record which shows a violation point count of twelve 32 (12) or more points in any consecutive twelve (12) month period; 33 (j) Is an habitual violator of traffic laws; 34 (k) Has been convicted of the offense of violation of a restricted 35 license and providing the driver's license and privileges be suspended for 36 a period of thirty (30) days; 37 (l) Has been convicted for the offense of leaving the scene of an acci- 38 dent involving damages to a vehicle, the period of revocation shall be one 39 (1) year; 40 (m) Has been convicted for the offense of leaving the scene of an acci- 41 dent resulting in injury or death, the period of revocation shall be one 42 (1) year; 43 (n) Is under the age of eighteen (18) years and is not satisfactorily 44 enrolled in school, has not received a waiver pursuant to or has not com- 45 pleted school as provided in section 49-303A, Idaho Code ; 46 (o) Is under the age of seventeen (17) years and has received a convic- 47 tion involving a moving traffic violation, and providing the driver's 48 license shall be suspended for a period of thirty (30) days for a first 49 conviction, for a period of sixty (60) days for a second conviction, and 50 for a period of ninety (90) days for a third conviction, and providing 51 further that no restricted driving privileges shall be issued for any sus- 52 pension hereunder . 53 (2) A violation point is assessed for conviction of any charge or with 54 proof of any infraction involving a moving traffic violation. A value of one 55 (1) point shall be given for a less serious violation and up to four (4) 17 1 points for a more serious violation. Conviction or proof of infraction for 2 only one (1) violation arising from one (1) occasion of arrest or citation 3 shall be counted in determining the violation point count. 4 (3) The department is authorized and directed to establish a violation 5 point count system for various moving traffic violations and infractions 6 occurring either within or without the state of Idaho, affecting all holders 7 of driver's licenses issued by the department. 8 (4) Notification of suspension, revocation, cancellation or disqualifica- 9 tion. Upon suspending, revoking, canceling or disqualifying the driver's 10 license or driving privileges of any person, the department shall immediately 11 notify the applicant or licensee in writing, at the licensee's address on file 12 with the department pursuant to section 49-320, Idaho Code. Upon his request 13 the department shall afford him an opportunity for a hearing before a hearing 14 officer appointed by the director. The hearing may be held by telephone within 15 twenty (20) days after receipt of the request, unless this period is for good 16 cause shown, extended by the hearing officer for one ten-day period. The 17 notice and hearing shall be required prior to the imposition of additional 18 suspension or disqualification periods beyond the periods as set forth in this 19 section. Upon a hearing the hearing officer may administer oaths, may issue 20 subpoenas for the attendance of witnesses and the production of relevant books 21 and papers, and may require a reexamination of the licensee. Upon the hearing 22 the department shall either rescind its order or, with good cause, may affirm 23 or extend the suspension or disqualification of the driver's license or revoke 24 the driver's license. 25 Whenever a driver's license, permit or driving privilege has been sus- 26 pended or revoked by the department as provided in this section, other than as 27 set forth in subsection (1)(c), (d), (g), (h), (m) ,or28(n) or (o) , the department may issue a temporary 29 restricted permit restricting the time, area and purpose of use. The applica- 30 tion, eligibility requirements and form of the temporary restricted permit 31 shall be provided by administrative rule. 32 (5) The department shall not suspend or revoke a driver's license or 33 privileges for a period of more than one (1) year,except as34 unless otherwise provided by law. The provisions of this subsection shall not 35 be applicable with respect to the issuance of temporary restricted permits as 36 provided in section 49-325, Idaho Code, nor shall it be applicable to those 37 suspensions placed on an individual's record for the purpose of administering 38 suspensions ordered to take effect after an individual's release from confine- 39 ment or imprisonment pursuant to chapter 80, title 18, Idaho Code. 40 (6) The department shall not disqualify a driver for a period longer than 41 specified by 49 CFR part 383. 42 SECTION 13. This act shall be in full force and effect on and after Sep- 43 tember 1, 2000.
STATEMENT OF PURPOSE
RS08976
In light of the disproportionately high incidence of teen
involvement in motor vehicle crashes where death and injury occur,
and due to a significant over-representation of teens in moving
traffic violations, the proposed legislation proposes new emphasis
on the amount of supervised training required for teen drivers. The
proposed legislation amends Idaho code to create a supervised
instruction permit to add more training experience for young drivers
before they may apply for a driver's license. Idaho's driver
education is built around a model devised five decades ago, that
requires just six hours of behind-the-wheel training. A body of
evidence now suggests that provisional or staged licensing more
appropriately prepares young drivers for the experiences they will
face on the road by l)requiring more supervised behind-the-wheel
training; 2)staging the licensing process where privileges are
phased in gradually in accordance 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. There is mounting
evidence to suggest that these components can and do reduce the
incidence of teen collisions and citations.
FISCAL NOTE
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: Dave Carlson
208/392-9391
STATEMENT OE PURPOSE/ FISCAL NOTE Bill No. H 248