2000 Legislation
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HOUSE BILL NO. 643 – Driver training/supervised instruct

HOUSE BILL NO. 643

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H0643.........................................by TRANSPORTATION AND DEFENSE
DRIVER TRAINING - SUPERVISED INSTRUCTION PERMIT - Amends existing law to
provide that no person shall take a Class D driver's training course until
he is at least fourteen and one-half years of age; to require any person
under the age of seventeen years, who has successfully completed a driver's
training course, to drive for at least four months on a supervised
instruction permit before he is eligible to apply for a Class D driver's
license; to provide terms and conditions of a supervised instruction
permit; and to define the four types of instruction permit.
                                                                        
02/21    House intro - 1st rdg - to printing
02/22    Rpt prt - to Transp
03/03    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 66-3-1
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Montgomery, Mortensen, Moss,
      Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Cheirrett, Meyer, Ridinger
      Absent and excused -- Tilman
    Floor Sponsor - Smith
    Title apvd - to Senate
03/14    Senate intro - 1st rdg - to Transp
03/29    Rpt out - rec d/p - to 2nd rdg
03/30    2nd rdg - to 3rd rdg
04/04    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsors - Dunklin, Riggs, Frasure
    Title apvd - to House
04/05    To enrol - rpt enrol - Sp signed - Pres signed
04/06    To Governor
04/11    Governor signed
         Session Law Chapter 214
         Effective: 01/01/01

Bill Text


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

Statement of Purpose / Fiscal Impact


                 STATEMENT OF PURPOSE
                       RS 10060 
     
     This legislation addresses a disproportionately high teen involvement in motor vehicle
     crashes where death and injury occur, and teen drivers, significant over-representation in
     moving traffic violations. The legislation amends Idaho code to create a supervised
     instruction permit to augment regular driver training programs. The intent is to add more
     training experience in a supervised setting before teens may apply for a regular Class D
     driver's license. To date, 36 states have enacted new driver licensing laws around a
     graduated licensing model, and another ten states will consider similar legislation this
     year. This legislation addresses a 50-year licensing model that require 30 hours of
     classroom instruction and just 6 hours of behind-the- wheel training before a teen may
     apply for a driver's license. The legislation is intended to prepare young drivers for the
     experiences they will face on the road by 1) requiring more supervised behind-the-wheel
     training; 2) staging the licensing process with a driver's skills, experience and capabilities
     and 3) applying appropriate restrictions, including provisions for a clean driving record
     before a driver can proceed and complete the phased licensing process. Evidence
     suggests these components reduce the incidence of teen collisions and citations. 
     
     
                    FISCAL IMPACT 
     
     The proposed legislation would require modification to the Idaho Transportation
     Department's automated computer system to implement the program. An estimated,
     one-time contractor cost to modify the required programs involves 300 programming
     hours. Contractor cost is $65 per hour, or $19,500. 
     
     
     
     Contact 
     
     Name: Rep. Bob Schaefer, Sen. Jack Riggs, Sen. Betsy Dunklin
     Phone: 332-1000
     Dave Carlson
     342-9391 
     
                                             STATEMENT OF PURPOSE/FISCAL NOTE                                 H 643