1999 Legislation
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HOUSE BILL NO. 248 – Driver, instruct permit, supervised

HOUSE BILL NO. 248

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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

Bill Text


H0248


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN 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 uniform   regu-
13    lations      rule , 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        (  7    8  )  "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        ( 8  9 )  "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 of  fifteen   sev-
52        enteen    (1  5   7 ) years , and who has
53        successfully completed an approved driver training course  may apply


                                          7

 1        for a class D instruction permit .   with  driving  privi-
 2        leges  restricted to daylight hours only, and with full privileges at six-
 3        teen (16) years of age. The restriction of daylight hours only shall  mean
 4        that  period  of  time one-half hour before sunrise to one-half (1/2) hour
 5        after 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  to
50    complete  the  course  unless  he has obtained a driver's training instruction
51    permit. 

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 driver
19    training course and who applies for a driver's license  more  than  three  (3)
20    months  after  completion  of  the driver training course shall be required to
21    retake the skill test in addition to any other tests required upon application
22    for a driver's license.
23     
24         (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        (  6  5 )  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        ( 7    6  )  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        ( 8  7 )  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        (  9    8 )  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        (  10   9 )  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        (1  1    0 ) 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        (1 2  1 ) 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) ,   or
28     (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  as  
34    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 / Fiscal Impact


                        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