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H0610aa,aaS...................................by TRANSPORTATION AND DEFENSE DRIVING PERMITS - Amends existing law to provide for restricted school attendance driving permits. 02/11 House intro - 1st rdg - to printing 02/12 Rpt prt - to Transp 02/27 Rpt out - to Gen Ord 02/28 Rpt out amen - to engros 03/01 Rpt engros - 1st rdg - to 2nd rdg as amen 03/04 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 59-3-8 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Eskridge, Field(20), Gagner, Hadley, Hammond, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Martinez, McKague, Meyer, Montgomery, Moyle, Pearce, Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Wheeler, Wood, Mr. Speaker NAYS -- Harwood, Smith(23), Young Absent and excused -- Ellsworth, Field(13), Gould, Mader, Mortensen, Pischner, Roberts, Trail Floor Sponsor - Field(20) Title apvd - to Senate 03/05 Senate intro - 1st rdg - to Transp 03/13 Rpt out - to 14th Ord 03/15 Rpt out amen - to 1st rdg as amen Rls susp - PASSED - 27-8-0 AYES -- Andreason, Branch Brandt, Bunderson, Burtenshaw, Darrington, Deide, Dunklin, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stennett, Thorne, Wheeler, Williams NAYS -- Boatright, Cameron, Davis, Frasure, Geddes, Goedde, Hawkins, Stegner Absent and excused -- None Floor Sponsor - Sandy Title apvd - to House 03/15 House concurred in Senate amens - to engros Rpt engros - 1st rdg - to 2nd rdg as amen - Rls susp - PASSED - 63-0-7 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Smith(33), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Mr. Speaker NAYS -- None Absent and excused -- Aikele, Boe, Jones, Kellogg, Shepherd, Smith(23), Young Floor Sponsor - Field(20) Title apvd - to enrol Rpt enrol - Sp signed - Pres signed 03/18 To Governor 03/22 Governor signed Session Law Chapter 235 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 610 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-301, IDAHO CODE, TO PROVIDE AN 3 EXCEPTION FOR RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS; AMENDING SEC- 4 TION 49-303, IDAHO CODE, TO PROVIDE AN EXCEPTION FOR RESTRICTED SCHOOL 5 ATTENDANCE DRIVING PERMITS; AMENDING SECTION 49-306, IDAHO CODE, TO PRO- 6 VIDE FOR APPLICATIONS AND A FEE FOR RESTRICTED SCHOOL ATTENDANCE DRIVING 7 PERMITS; AMENDING CHAPTER 3, TITLE 49, IDAHO CODE, BY THE ADDITION OF A 8 NEW SECTION 49-307A, IDAHO CODE, TO PROVIDE FOR RESTRICTED SCHOOL ATTEN- 9 DANCE DRIVING PERMITS; AMENDING SECTION 49-310, IDAHO CODE, TO PROVIDE FOR 10 ADULT SIGNATURES ON APPLICATIONS FOR RESTRICTED SCHOOL ATTENDANCE DRIVING 11 PERMITS; AMENDING SECTION 49-313, IDAHO CODE, TO PROVIDE FOR EXAMINATION 12 OF APPLICANTS FOR RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS AND TO MAKE 13 A TECHNICAL CORRECTION; AMENDING SECTION 49-318, IDAHO CODE, TO PROVIDE 14 FOR SUBSTITUTE RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS; AND AMENDING 15 SECTION 49-322, IDAHO CODE, TO PROVIDE FOR CANCELLATION OF RESTRICTED 16 SCHOOL ATTENDANCE DRIVING PERMITS AND TO MAKE TECHNICAL CORRECTIONS. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 49-301, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 49-301. DRIVERS TO BE LICENSED. (1) No person, except those expressly 21 exempted by the provisions of this chapter, shall drive any motor vehicle upon 22 a highway unless the person has a valid Idaho driver's license. Provided how- 23 ever, that those persons holding a restricted school attendance driving permit 24 may drive upon a highway pursuant to the restrictions set forth in section 25 49-307A, Idaho Code. No person shall operate a motorcycle upon a highway 26 unless he has a motorcycle endorsement on his valid driver's license. No per- 27 son shall operate a commercial motor vehicle as defined in section 49-123, 28 Idaho Code, upon a highway unless he has a seasonal or class A, B or C 29 driver's license with required endorsements. No person shall operate a motor 30 vehicle in violation of any valid restriction identified on or attached to, 31 his valid driver's license. No person shall receive a class D driver's license 32 unless and until he surrenders to the department all driver's licenses in his 33 possession issued to him by Idaho or any other jurisdiction for use within the 34 United States, or any identification cards issued by any other jurisdiction 35 within the United States, or until he executes an affidavit that he does not 36 possess a driver's license or any identification cards. No person shall be 37 permitted to have more than one (1) driver's license issued for use within the 38 United States at any time. 39 (2) Any holder of a class A, B or C commercial driver's license issued by 40 a jurisdiction other than Idaho shall apply for an Idaho-issued commercial 41 driver's license within thirty (30) days of establishing a domicile in Idaho. 42 In accordance with the federal motor carrier safety regulations, no person 43 shall receive a class A, B or C driver's license unless and until he surren- 2 1 ders to the department all driver's licenses in his possession issued to him 2 by Idaho or any other jurisdiction. 3 A violation of this section is a misdemeanor. 4 SECTION 2. That Section 49-303, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 49-303. WHAT PERSONS SHALL NOT BE LICENSED. The department shall not 7 issue any driver's license, any instruction permit, privileges or right to 8 drive and if issued, may revoke or cancel the driver's license of a person 9 who: 10 (1) As an operator of a vehicle requiring a class D driver's license, is 11 under the age of seventeen (17) years, except that the department may issue a 12 driver's license to any person who has successfully completed an approved 13 driver training course, has completed the requirements of a class D supervised 14 instruction permit, and who is at least fifteen (15) years of age, with driv- 15 ing privileges restricted to daylight hours only, and with full privileges at 16 sixteen (16) years of age. The restriction of daylight hours only shall mean 17 that period of time one-half (1/2) hour before sunrise to one-half (1/2) hour 18 after sunset. If a person who is at least fifteen (15) years but is under sev- 19 enteen (17) years of age has successfully completed an approved driver's 20 training course and has been issued a driver's license in another state, he 21 may be issued a class D driver's license in this state. Provided however, that 22 a restricted school attendance driving permit may be issued to those persons 23 meeting the criteria set forth in section 49-307A, Idaho Code. 24 (2) As an operator of a vehicle requiring a class D driver's license, is 25 under the age of seventeen (17) years and has not successfully completed an 26 approved driver training course and has not satisfied the requirements of a 27 class D supervised instruction permit. Provided however, that a restricted 28 school attendance driving permit may be issued to those persons meeting the 29 criteria set forth in section 49-307A, Idaho Code. 30 (3) As an operator of a commercial vehicle requiring a class A, B or C 31 driver's license is under the age of eighteen (18) years. 32 (4) Applicants with less than one (1) year of driving experience, as evi- 33 denced by a previous driver's license shall not be issued a class A, B or C 34 driver's license or a class A, B or C instruction permit. 35 (5) As a driver has had his license, class D instruction permit, 36 restricted school attendance driving permit, privileges or right to drive sus- 37 pended for the duration of the suspension, nor to any person who has had his 38 class D driver's training instruction permit or class D supervised instruction 39 permit canceled for the duration of the cancellation, nor to any person whose 40 license has been revoked, suspended, canceled or disqualified by this state or 41 any other jurisdiction; provided however, where a driver's license has been 42 revoked, suspended, canceled or disqualified in any other jurisdiction, and 43 the driver has completed the period of revocation, suspension, cancellation or 44 disqualification as specified by the jurisdiction, that person may be granted 45 a class D driver's license in this state if five (5) years have elapsed from 46 the time of eligibility for reinstatement in the other jurisdiction, even 47 though the driver has not fulfilled the requirements for reinstatement in the 48 other jurisdiction. 49 (6) Is an habitual drunkard, or is addicted to the use of narcotic drugs. 50 (7) Has previously been adjudged to be afflicted with or suffering from 51 any mental disability or disease and who has not at the time of application 52 been restored to competency by the methods provided by law. 53 (8) Is required by the provisions of this chapter to take an examination, 3 1 unless that person shall have successfully passed such examination. 2 (9) May be required under any law of this state to furnish proof of 3 financial responsibility and who has not furnished that proof. 4 (10) The department has good cause to believe that the operation of a 5 motor vehicle on the highways by that person would be harmful to public safety 6 or welfare. 7 (11) Is disqualified for a class A, B or C license, except he may be 8 issued a class D driver's license. 9 (12) Is under eighteen (18) years of age and is not enrolled in school, 10 has not received a waiver pursuant to or has not satisfactorily completed 11 school as provided in section 49-303A, Idaho Code. 12 (13) Is not a resident of the state of Idaho. 13 SECTION 3. That Section 49-306, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 49-306. APPLICATION FOR DRIVER'S LICENSE,ORINSTRUCTION PERMIT, OR 16 RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT. (1) Every application for any 17 instruction permit, restricted school attendance driving permit, or for a 18 driver's license shall be made upon a form furnished by the department and 19 shall be verified by the applicant before a person authorized to administer 20 oaths. Officers and employees of the department and sheriffs and their depu- 21 ties are authorized to administer the oaths without charge. Every application 22 for a permit, extension or driver's license shall be accompanied by the fol- 23 lowing fee, none of which is refundable: 24 (a) Class A, B, C (4-year) license with endorsements - age 21 years and 25 older ............................................................. $28.50 26 (b) Class A, B, C (3-year) license with endorsements - age 18 to 21 years 27 ................................................................... $20.50 28 (c) Class A, B, C (1-year) license with endorsements - age 20 years 29 ................................................................... $12.25 30 (d) Class D (3-year) license - under age 18 years ................ $20.50 31 (e) Class D (3-year) license - age 18 to 21 years ................ $20.50 32 (f) Class D (1-year) license - age 17 years or age 20 years ...... $12.25 33 (g) Four-year Class D license - age 21 years and older ........... $24.50 34 (h) Eight-year Class D license - age 21 to 63 years .............. $45.00 35 (i) Class A, B, C instruction permit ............................. $19.50 36 (j) Class D instruction permit or supervised instruction permit 37 ................................................................. . $11.50 38 (k) Duplicate driver's license or permit issued under section 49-318, 39 Idaho Code ........................................................ $11.50 40 (l) Driver's license extension issued under section 49-319, Idaho Code 41 ................................................................... $ 6.50 42 (m) License classification change (upgrade) ...................... $15.50 43 (n) Endorsement addition ......................................... $11.50 44 (o) Class A, B, C skills tests ..................... not more than $55.00 45 (p) Class D skills test .......................................... $15.00 46 (q) Motorcycle endorsement skills test ........................... $ 5.00 47 (r) Knowledge test ............................................... $ 3.00 48 (s) Seasonal driver's license .................................... $27.50 49 (t) One time motorcycle "M" endorsement .......................... $11.50 50 (u) Motorcycle endorsement instruction permit .................... $11.50 51 (v) Restricted driving permit or restricted school attendance driving 52 permit ............................................................ $35.00 53 (2) Every application shall state the true and full name, date of birth, 4 1 sex, declaration of Idaho residency, Idaho residence address and mailing 2 address, if different, of the applicant, height, weight, hair color, and eye 3 color, and the applicant's social security number as verified by the 4 applicant's social security card or by the social security administration. 5 (a) The requirement that an applicant provide a social security number as 6 verified by his social security card or by the social security administra- 7 tion shall apply only to applicants who have been assigned a social secu- 8 rity number. 9 (b) An applicant who has not been assigned a social security number 10 shall: 11 (i) Present written verification from the social security adminis- 12 tration that the applicant has not been assigned a social security 13 number; and 14 (ii) Submit a birth certificate, passport or other documentary evi- 15 dence issued by an entity other than a state or the United States; 16 and 17 (iii) Submit such proof as the department may require that the appli- 18 cant is lawfully present in the United States. 19 A driver's license or any instruction permit issued on and after January 20 1, 1993, shall not contain an applicant's social security number. Applications 21 on file shall be exempt from disclosure except as provided in sections 49-202, 22 49-203, 49-203A and 49-204, Idaho Code. 23 Every application shall also state whether the applicant has previously 24 been licensed as a driver, and if so, when and by what state or country, and 25 whether a driver's license or privileges have ever been suspended, revoked, 26 denied, disqualified, canceled or whether an application has ever been 27 refused, and if so, the date of and reason for the suspension, revocation, 28 denial, disqualification, cancellation or refusal and the applicant's oath 29 that all information is correct as signified by the applicant's signature. 30 The applicant may be required to submit proof of identity acceptable to 31 the examiner or the department and date of birth as set forth in a certified 32 copy of his birth certificate when obtainable, or another document which pro- 33 vides satisfactory evidence of a person's date of birth acceptable to the 34 examiner or the department. 35 (3) Whenever an application is received from a person previously licensed 36 in another jurisdiction, the department shall request a copy of the driver's 37 record from the other jurisdiction and shall contact the national driver reg- 38 ister. When received, the driver's record from the previous jurisdiction shall 39 become a part of the driver's record in this state with the same force and 40 effect as though entered on the driver's record in this state in the original 41 instance. 42 (4) Whenever the department receives a request for a driver's record from 43 another licensing jurisdiction, the record shall be forwarded without charge. 44 (5) The department shall contact and notify the commercial driver license 45 information system of the proposed application for a class A, B or C driver's 46 license to insure identification of the person and to obtain clearance to 47 issue the license. 48 (6) When the fees required under this section are collected by a county 49 officer, they shall be paid over to the county treasurer not less often than 50 monthly, who shall immediately: 51 (a) Deposit an amount equal to five dollars ($5.00) from each driver's 52 license except an eight-year class D license, or any class D instruction 53 permit application fees, application for a duplicate driver's license or 54 permit, classification change, seasonal driver's license and additional 55 endorsement, and ten dollars ($10.00) from each eight-year class D 5 1 driver's license, in the current expense fund; and 2 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle 3 endorsement and motorcycle endorsement instruction permit fee in the cur- 4 rent expense fund; and 5 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a 6 knowledge test in the current expense fund; and 7 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a 8 motorcycle endorsement skills test in the current expense fund; provided 9 however, if a contractor administers the skills test he shall be entitled 10 to the five dollar ($5.00) fee; and 11 (e) Remit the remainder to the state treasurer; and 12 (f) Deposit eleven dollars and fifty cents ($11.50) from each fee for a 13 class D skills test into the county current expense fund, unless the test 14 is administered by a department-approved contractor, in which case the 15 contractor shall be entitled to eleven dollars and fifty cents ($11.50) of 16 each fee. 17 (7) When the fees required under this section are collected by a state 18 officer or agency, they shall be paid over to the state treasurer. 19 (8) The state treasurer shall distribute the moneys received from fees 20 imposed by the provisions of this section, whether collected by a county offi- 21 cer or by a state officer or agency as follows: 22 (a) Two dollars ($2.00) of each fee for a four-year driver's license or 23 seasonal driver's license, and four dollars ($4.00) of each fee for an 24 eight-year class D driver's license, and one dollar and fifty cents 25 ($1.50) of each fee charged for driver's licenses pursuant to subsections 26 (1)(b), (d) and (e) of this section, and fifty cents (50) of each fee 27 charged for driver's licenses pursuant to subsections (1)(c) and (f) of 28 this section, shall be deposited in the emergency medical services fund II 29 created in section 56-1018A, Idaho Code, and four dollars ($4.00) of each 30 fee charged pursuant to subsections (1)(a), (g) and (s) of this section 31 and eight dollars ($8.00) of each fee charged pursuant to subsection 32 (1)(h) of this section and three dollars ($3.00) of each fee for driver's 33 licenses pursuant to subsections (1)(b), (d) and (e) of this section, and 34 one dollar ($1.00) of each fee charged for driver's licenses pursuant to 35 subsections (1)(c) and (f) of this section shall be deposited in the emer- 36 gency medical services fund III created in section 56-1018B, Idaho Code; 37 and 38 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal 39 or class A, B or C driver's license, and ten dollars ($10.00) of each fee 40 charged for a license pursuant to subsection (1)(b) of this section, and 41 five dollars and forty-one cents ($5.41) of each fee charged for a license 42 pursuant to subsection (1)(c) of this section shall be deposited in the 43 state highway fund; and 44 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, B or 45 C instruction permit or driver's license classification change shall be 46 deposited in the state highway fund; and 47 (d) Four dollars ($4.00) of each fee for a class A, B or C instruction 48 permit shall be deposited in the emergency medical services fund III cre- 49 ated in section 56-1018B, Idaho Code; and 50 (e) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea- 51 sonal or class A, B or C driver's license, class A, B or C driver's 52 license extension, or additional endorsement shall be deposited in the 53 state highway fund; and 54 (f) Four dollars ($4.00) of each fee for a motorcycle endorsement and 55 motorcycle endorsement instruction permit shall be deposited in the state 6 1 highway fund; and 2 (g) Five dollars and thirty cents ($5.30) of each fee for a four-year 3 class D driver's license, and ten dollars and sixty cents ($10.60) of each 4 fee for an eight-year class D driver's license, and four dollars ($4.00) 5 of each fee charged for a license pursuant to subsections (1)(d) and (e) 6 of this section, and one dollar and thirty-three cents ($1.33) of each fee 7 charged for a license pursuant to subsection (1)(f) of this section shall 8 be deposited in the driver training fund; and 9 (h) Seven dollars and twenty cents ($7.20) of each fee for a four-year 10 class D driver's license, and ten dollars and forty cents ($10.40) of each 11 fee for an eight-year class D driver's license, and six dollars ($6.00) of 12 each fee charged for a license pursuant to subsections (1)(d) and (e) of 13 this section, and four dollars and eight cents ($4.08) of each fee charged 14 for a license pursuant to subsection (1)(f) of this section shall be 15 deposited in the highway distribution fund; and 16 (i) Two dollars and sixty cents ($2.60) of each fee for a class D 17 instruction permit, duplicate class D license or permit, and class D 18 license extension shall be deposited in the driver training fund; and 19 (j) Three dollars and ninety cents ($3.90) of each fee for a class D 20 instruction permit, duplicate class D license or permit, and class D 21 license extension shall be deposited in the highway distribution fund; and 22 (k) Five dollars ($5.00) of each fee for a class A, B or C skills test 23 shall be deposited in the state highway fund; and 24 (l) One dollar ($1.00) of each fee for a class A, B, C or four-year D 25 driver's license, and two dollars ($2.00) of each fee for an eight-year 26 class D driver's license, and one dollar ($1.00) of each fee charged for a 27 license pursuant to subsections (1)(b), (d) and (e) of this section, and 28 thirty-four cents (34) of each fee charged for a license pursuant to sub- 29 sections (1)(c) and (f) of this section shall be deposited in the motor- 30 cycle safety program fund established in section 33-4904, Idaho Code; and 31 (m) Three dollars and fifty cents ($3.50) of each fee for a class D 32 skills test shall be deposited into the state highway fund. 33 (9) The contractor administering a class A, B or C skills test shall be 34 entitled to not more than fifty dollars ($50.00) of the skills test fee. A 35 contractor administering a class A, B or C skills test may collect an addi- 36 tional fee for the use of the contractor's vehicle for the skills test. 37 (10) Thirty-five dollars ($35.00) of each restricted driving permit and 38 each restricted school attendance driving permit shall be deposited in the 39 state highway fund. 40 (11) The department may issue seasonal class B or C driver's licenses to 41 drivers who are employees of agri-chemical businesses, custom harvesters, farm 42 retail outlets and suppliers, and livestock feeders that: 43 (a) Will only be valid for driving commercial vehicles that normally 44 require class B or C commercial driver's licenses; 45 (b) Will be valid for seasonal periods that begin on the date of issuance 46 and that are not to exceed one hundred eighty (180) days in a twelve (12) 47 month period; 48 (c) May only be obtained twice in a driver's lifetime; 49 (d) Are valid only within a one hundred fifty (150) mile radius of the 50 place of business or farm being serviced; and 51 (e) Will be valid only in conjunction with valid Idaho class D driver's 52 licenses. 53 (12) The department may issue seasonal class B or C driver's licenses to 54 drivers who: 55 (a) Have not violated the single license provisions of applicable federal 7 1 regulations; 2 (b) Have not had any license suspensions, revocations or cancellations; 3 (c) Have not had any convictions in any vehicle for any offense listed in 4 section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic 5 offense; 6 (d) Have at least one (1) year of driving experience with a class D or 7 equivalent license in any type motor vehicle; and 8 (e) Are at least sixteen (16) years old. 9 SECTION 4. That Chapter 3, Title 49, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 49-307A, Idaho Code, and to read as follows: 12 49-307A. RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT. Notwithstanding any 13 other provision of this chapter applying to licenses or permits, and notwith- 14 standing the minimum age requirement for a driver training course specified in 15 section 33-1703, Idaho Code, other than those provisions specifically applying 16 to restricted school attendance driving permits: 17 (1) The department may issue a restricted school attendance driving permit 18 to a minor fourteen (14) years of age, but less than sixteen (16) years of 19 age, provided the following: 20 (a) The minor resides in a county with a population of less than twelve 21 thousand (12,000) people; 22 (b) The minor attends an educational program as identified in section 23 49-303A, Idaho Code, and complies with the provisions of section 49-303A, 24 Idaho Code, including submission of verification of attendance compliance 25 by the school district to the department; and 26 (c) There is no school bus service provided to transport the minor to and 27 from school, as verified by the school district to the department. 28 (2) The permit, if issued, shall only entitle the minor to drive to and 29 from school, and school sponsored activities occurring at the school where 30 enrolled, between the hours of 6:00 a.m. and 9:00 p.m. 31 (3) The minor must have completed a driver training course and comply 32 with section 49-310, Idaho Code, as a condition of issuance of a permit pursu- 33 ant to the provisions of this section. 34 (4) The restricted school attendance driving permit shall be canceled for 35 conviction of any traffic offense and shall not be reissued. 36 SECTION 5. That Section 49-310, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 49-310. APPLICATIONS OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS. (1) The 39 application of any person under the age of eighteen (18) years for any class D 40 instruction permit, restricted driver's license, restricted school attendance 41 driving permit, or driver's license shall be signed and verified before a per- 42 son authorized to administer oaths by either the father or mother of the 43 applicant, if both are living and have custody of him; or if either be dead, 44 then by the surviving parent who has custody of him; or by the Idaho resident 45 host of a foreign exchange student, or in the event neither parent is living, 46 or if living and does not have the custody of the applicant, then by the per- 47 son or guardian having such custody, with verifiable custody or guardianship 48 documents, or by an employer of the applicant. In the event there is no guard- 49 ian or employer then some other responsible person willing to assume the obli- 50 gation for the applicant may sign the application. Any person who signs the 51 applicant's application shall attest that the applicant is in compliance with 8 1 the school attendance provisions of section 49-303A, Idaho Code, and when 2 signing for a class D driver's training permit or a class D supervised 3 instruction permit, shall attest that the minor person has satisfied the 4 requirements and conditions applicable to the class D supervised instruction 5 permit pursuant to section 49-307, Idaho Code, when the minor person applies 6 for a class D driver's license. When signing for a restricted school atten- 7 dance driving permit, the person signing the applicant's application shall 8 attest that the conditions set forth within section 49-307A, are met. The per- 9 son willing to assume responsibility for the applicant must be at least eigh- 10 teen (18) years of age. 11 (2) Any negligence or willful misconduct of a person under the age of 12 eighteen (18) years when operating a motor vehicle upon a highway shall be 13 imputed to the person who signed the application of that person for a permit 14 or driver's license, and that person shall be jointly and severally liable 15 with the permit or driver's license holder for any damage caused by negligence 16 or willful misconduct, except as otherwise provided by law. 17 (3) In the event a permit or driver's license holder under the age of 18 eighteen (18) years deposits, or there is deposited upon his behalf, proof of 19 financial responsibility in respect to the operation of any motor vehicle, in 20 form and in amounts as required under the motor vehicle financial responsibil- 21 ity laws of this state, or by the director if the form and amount is not fixed 22 by law, then the department may accept the application when signed by one (1) 23 parent or guardian of the applicant, and while that proof is maintained the 24 parent or guardian shall not be subject to the liability imposed under subsec- 25 tion (2) of this section. 26 (4) Any person who has signed the application of a minor for a permit or 27 driver's license shall be liable civilly for the payment of any court penalty 28 imposed because the minor has been found to have committed an infraction 29 violation. The provisions of this section shall not apply or create any civil 30 liability for the person signing the application in connection with any pedes- 31 trian or bicycle infraction, and provided this subsection shall not apply to 32 any civil action where the plaintiff is other than the state of Idaho. 33 SECTION 6. That Section 49-313, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 49-313. EXAMINATION OF APPLICANTS. (1) The sheriff, his deputy or autho- 36 rized agents of the department shall examine every applicant for an instruc- 37 tion permit, restricted school attendance driving permit, seasonal driver's 38 license, or a driver's license or a motorcycle endorsement, except as other- 39 wise provided by law. The examination shall include a test of the applicant's 40 eyesight, his ability to read and understand highway signs regulating, warn- 41 ing, and directing traffic. A skills test shall be required for an applicant 42 who has not been previously licensed for the class of license requested, or 43 who holds a license issued by another country unless a reciprocal agreement is 44 in force. However, a skills test may be required for any and all other appli- 45 cants at the discretion of the examiner or department for a class A, B, C or D 46 driver's license or a motorcycle endorsement. In addition, the applicant's 47 knowledge of traffic laws of this state and when a motorcycle endorsement is 48 applied for, the applicant's knowledge of safe motorcycle operating practices 49 and traffic laws specifically relating to motorcycle operation shall be tested 50 by a written examination, except as provided in section 49-319, Idaho Code. At 51 the discretion of the examiner, the prescribed written examination may be con- 52 ducted orally. 53 (2) The knowledge and skills examinations for applicants for driver's 9 1 licenses in class A, B or C shall be conducted in compliance with 49 CFR part 2 383. 3 (3) The skills test for a class A, B, C or D driver's license or for any 4 endorsement shall be given by the department or its authorized agents. The 5 skills examiner for a motorcycle endorsement shall be certified by the depart- 6 ment of education. 7 (4) The department shall not issue a tank, double/triple trailer, or haz- 8 ardous material endorsement unless the applicant, in addition to all other 9 applicable qualifications, has passed an appropriate knowledge test. The 10 department shall not issue a passenger endorsement unless the applicant, in 11 addition to all other applicable qualifications, has passed an appropriate 12 knowledge and skills test. 13 (5) Any person failing to pass a knowledge or skills test for a class A, 14 B, C or D driver's license, or a knowledge test for a seasonal driver's 15 license, or any endorsement may not retake the test within three (3) business 16 days of the failure. 17 (6) Any person retaking a knowledge or skills test for a driver's license 18 shall pay the appropriate testing fee as specified in section 49-306, Idaho 19 Code. 20 (7) The motorcycle skills test for a motorcycle endorsement shall be 21 waived by the department: 22 (a) On and after September 1, 1998, if the applicant presents satisfac- 23 tory evidence of successful completion of a recognized motorcycle rider 24 training course approved by the department of education; 25 (b) On and after September 1, 1998, if the applicant presents evidence of 26 a motorcycle endorsement on his current license by a state or province 27 which requires a motorcycle skills test equivalent to that required by 28 Idaho law as determined by the department of education; 29 (c) Until September 1, 1998. 30 (8) At the discretion of the department, an alternate skills test for the 31 motorcycle endorsement may be administered when the endorsement is for opera- 32 tion of a three-wheeled motorcycle only. 33 (9) The department or its authorized agents may refuse to give an appli- 34 cant a skills test if there are reasonable grounds to believe that the safety 35 of the applicant, public, or the examiner would be jeopardized by doing so. 36 Reasonable grounds would include, but not be limited to, the applicant's 37 inability to pass the eye test, written tests, or a statement by a licensed 38 physician stating the applicant is not physically able to drive a motor vehi- 39 cle. 40 (10) The department or its authorized agents may deny issuance or renewal 41 of a driver's license or endorsement to any applicant who does not meet the 42 licensing requirements for the class of driver's license or endorsement being 43 renewed or issued. 44 (11) Skills examinations for seasonal driver's licenses shall be waived. 45 SECTION 7. That Section 49-318, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 49-318. DUPLICATE DRIVER LICENSES AND SUBSTITUTE PERMITS. (1) The holder 48 of any instruction permit, class A, B, C or D, restricted school attendance 49 driving permit, or seasonal driver's license which is lost or destroyed, or a 50 licensee whose name is legally changed, may apply for a duplicate driver's 51 license or substitute permit. A duplicate driver's license or substitute per- 52 mit will be issued upon: 53 (a) Payment of the fee as provided in section 49-306, Idaho Code; 10 1 (b) Furnishing satisfactory proof that the permit, class A, B, C or D, 2 restricted school attendance driving permit, or seasonal driver's license 3 has been lost or destroyed, or that the licensee's name has been legally 4 changed; and 5 (c) Furnishing proof of the applicant's identity acceptable to the exam- 6 iner or the department and date of birth as set forth in a certified copy 7 of his birth certificate when obtainable, or another document which pro- 8 vides evidence of a person's date of birth acceptable to the examiner or 9 department. In the case of a name change, the applicant shall provide 10 legal documentation acceptable to the department to verify the change. 11 (2) A duplicate driver's license or substitute permit shall not be 12 issued, as provided in subsection (1) of this section, if the license or per- 13 mit is suspended, revoked, canceled or disqualified in this state or any other 14 jurisdiction or if the applicant has applied for, or has been issued, a 15 license or permit in another jurisdiction. 16 (3) The holder of any instruction permit, class A, B, C or D, restricted 17 school attendance driving permit, or seasonal driver's license who requests a 18 duplicate driver's license or substitute permit as provided in subsection (1) 19 of this section, may request that the notation "permanently disabled" be 20 imprinted on the permit or license and the department shall imprint 21 "permanently disabled" on the permit or license if: 22 (a) The person has a permanent disability; and 23 (b) The person presents written certification from a licensed physician 24 verifying that the person's stated impairment qualifies as a permanent 25 disability as provided in section 49-117, Idaho Code; and 26 (c) The department determines that the person meets the requirements for 27 issuance of a permit or license as specified in section 49-313, Idaho 28 Code. 29 SECTION 8. That Section 49-322, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 49-322. AUTHORITY OF DEPARTMENT TO CANCEL DRIVER'S LICENSE OR INSTRUCTION 32 PERMIT. (1) The department shall cancel any driver's license, restricted 33 school attendance driving permit, or instruction permit upon determining that 34 the licensee or permittee was not entitled to the issuance of the driver's 35 license or instruction permit, or that the licensee or permittee failed to 36 give the required or correct information in his application, or committed 37 fraud in making the application. 38 (2) Upon a cancellation, the licensee or permittee shall surrender the 39cancelledcanceled driver's license orcancelledcanceled instruction permit 40 to the department. 41 (3) The department shall cancel a person's commercial driver's license 42 upon determining that the class A, B, or C licensee has falsified information. 43 Upon cancellation of a class A, B, or C driver's license, the licensee shall 44 be disqualified from operating a commercial motor vehicle for a period of 45 sixty (60) days. 46 (4) When a driver's license has beencancelledcanceled for reasons of 47 impairment, incompetence or inability of the licensed driver to operate a 48 motor vehicle safely as provided in section 49-303 or 49-326, Idaho Code, and 49 the licensee has voluntarily surrendered his driver's license, or when a 50 licensed driver requests cancellation of his license for any of the same rea- 51 sons stated in this subsection and he voluntarily surrenders his license, the 52 licensee may be eligible for a no-fee identification card as provided in sec- 53 tion 49-2444, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Sandy Seconded by Ingram IN THE SENATE SENATE AMENDMENTS TO H.B. NO. 610, As Amended 1 AMENDMENT TO SECTION 4 2 On page 7 of the engrossed bill, following line 35, insert: 3 "(5) In the event the student terminates their school enrollment in the 4 district in which they have qualified for a restricted school attendance driv- 5 ing permit, the permit shall be canceled.". 6 AMENDMENTS TO SECTION 5 7 On page 8, in line 6, delete "When signing for a restricted school 8 atten-", delete line 7 and in line 8, delete "attest that the conditions set 9 forth within section 49-307A, are met."; and in line 10, following "age." 10 insert: "When signing for a restricted school attendance driving permit, the 11 person signing the applicant's application shall attest that the conditions 12 set forth within section 49-307A, Idaho Code, are met. Each application for a 13 restricted school attendance driving permit shall also be signed by the local 14 county sheriff, the president of the board of trustees of the local school 15 district, and the school principal of the applicant's school, verifying that 16 the conditions set forth within section 49-307A, Idaho Code, are met.". 17 CORRECTIONS TO TITLE 18 On page 1, in line 11, following "PERMITS" insert: "AND TO PROVIDE THAT 19 CERTAIN OFFICIALS SHALL SIGN APPLICATIONS FOR RESTRICTED SCHOOL ATTENDANCE 20 DRIVING PERMITS VERIFYING THAT REQUIRED CONDITIONS FOR ISSUANCE HAVE BEEN 21 MET".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 610, As Amended, As Amended in the Senate BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-301, IDAHO CODE, TO PROVIDE AN 3 EXCEPTION FOR RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS; AMENDING SEC- 4 TION 49-303, IDAHO CODE, TO PROVIDE AN EXCEPTION FOR RESTRICTED SCHOOL 5 ATTENDANCE DRIVING PERMITS; AMENDING SECTION 49-306, IDAHO CODE, TO PRO- 6 VIDE FOR APPLICATIONS AND A FEE FOR RESTRICTED SCHOOL ATTENDANCE DRIVING 7 PERMITS; AMENDING CHAPTER 3, TITLE 49, IDAHO CODE, BY THE ADDITION OF A 8 NEW SECTION 49-307A, IDAHO CODE, TO PROVIDE FOR RESTRICTED SCHOOL ATTEN- 9 DANCE DRIVING PERMITS; AMENDING SECTION 49-310, IDAHO CODE, TO PROVIDE FOR 10 ADULT SIGNATURES ON APPLICATIONS FOR RESTRICTED SCHOOL ATTENDANCE DRIVING 11 PERMITS AND TO PROVIDE THAT CERTAIN OFFICIALS SHALL SIGN APPLICATIONS FOR 12 RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS VERIFYING THAT REQUIRED CON- 13 DITIONS FOR ISSUANCE HAVE BEEN MET; AMENDING SECTION 49-313, IDAHO CODE, 14 TO PROVIDE FOR EXAMINATION OF APPLICANTS FOR RESTRICTED SCHOOL ATTENDANCE 15 DRIVING PERMITS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 16 49-318, IDAHO CODE, TO PROVIDE FOR SUBSTITUTE RESTRICTED SCHOOL ATTENDANCE 17 DRIVING PERMITS; AND AMENDING SECTION 49-322, IDAHO CODE, TO PROVIDE FOR 18 CANCELLATION OF RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS AND TO MAKE 19 TECHNICAL CORRECTIONS. 20 Be It Enacted by the Legislature of the State of Idaho: 21 SECTION 1. That Section 49-301, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 49-301. DRIVERS TO BE LICENSED. (1) No person, except those expressly 24 exempted by the provisions of this chapter, shall drive any motor vehicle upon 25 a highway unless the person has a valid Idaho driver's license. Provided how- 26 ever, that those persons holding a restricted school attendance driving permit 27 may drive upon a highway pursuant to the restrictions set forth in section 28 49-307A, Idaho Code. No person shall operate a motorcycle upon a highway 29 unless he has a motorcycle endorsement on his valid driver's license. No per- 30 son shall operate a commercial motor vehicle as defined in section 49-123, 31 Idaho Code, upon a highway unless he has a seasonal or class A, B or C 32 driver's license with required endorsements. No person shall operate a motor 33 vehicle in violation of any valid restriction identified on or attached to, 34 his valid driver's license. No person shall receive a class D driver's license 35 unless and until he surrenders to the department all driver's licenses in his 36 possession issued to him by Idaho or any other jurisdiction for use within the 37 United States, or any identification cards issued by any other jurisdiction 38 within the United States, or until he executes an affidavit that he does not 39 possess a driver's license or any identification cards. No person shall be 40 permitted to have more than one (1) driver's license issued for use within the 41 United States at any time. 42 (2) Any holder of a class A, B or C commercial driver's license issued by 43 a jurisdiction other than Idaho shall apply for an Idaho-issued commercial 2 1 driver's license within thirty (30) days of establishing a domicile in Idaho. 2 In accordance with the federal motor carrier safety regulations, no person 3 shall receive a class A, B or C driver's license unless and until he surren- 4 ders to the department all driver's licenses in his possession issued to him 5 by Idaho or any other jurisdiction. 6 A violation of this section is a misdemeanor. 7 SECTION 2. That Section 49-303, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 49-303. WHAT PERSONS SHALL NOT BE LICENSED. The department shall not 10 issue any driver's license, any instruction permit, privileges or right to 11 drive and if issued, may revoke or cancel the driver's license of a person 12 who: 13 (1) As an operator of a vehicle requiring a class D driver's license, is 14 under the age of seventeen (17) years, except that the department may issue a 15 driver's license to any person who has successfully completed an approved 16 driver training course, has completed the requirements of a class D supervised 17 instruction permit, and who is at least fifteen (15) years of age, with driv- 18 ing privileges restricted to daylight hours only, and with full privileges at 19 sixteen (16) years of age. The restriction of daylight hours only shall mean 20 that period of time one-half (1/2) hour before sunrise to one-half (1/2) hour 21 after sunset. If a person who is at least fifteen (15) years but is under sev- 22 enteen (17) years of age has successfully completed an approved driver's 23 training course and has been issued a driver's license in another state, he 24 may be issued a class D driver's license in this state. Provided however, that 25 a restricted school attendance driving permit may be issued to those persons 26 meeting the criteria set forth in section 49-307A, Idaho Code. 27 (2) As an operator of a vehicle requiring a class D driver's license, is 28 under the age of seventeen (17) years and has not successfully completed an 29 approved driver training course and has not satisfied the requirements of a 30 class D supervised instruction permit. Provided however, that a restricted 31 school attendance driving permit may be issued to those persons meeting the 32 criteria set forth in section 49-307A, Idaho Code. 33 (3) As an operator of a commercial vehicle requiring a class A, B or C 34 driver's license is under the age of eighteen (18) years. 35 (4) Applicants with less than one (1) year of driving experience, as evi- 36 denced by a previous driver's license shall not be issued a class A, B or C 37 driver's license or a class A, B or C instruction permit. 38 (5) As a driver has had his license, class D instruction permit, 39 restricted school attendance driving permit, privileges or right to drive sus- 40 pended for the duration of the suspension, nor to any person who has had his 41 class D driver's training instruction permit or class D supervised instruction 42 permit canceled for the duration of the cancellation, nor to any person whose 43 license has been revoked, suspended, canceled or disqualified by this state or 44 any other jurisdiction; provided however, where a driver's license has been 45 revoked, suspended, canceled or disqualified in any other jurisdiction, and 46 the driver has completed the period of revocation, suspension, cancellation or 47 disqualification as specified by the jurisdiction, that person may be granted 48 a class D driver's license in this state if five (5) years have elapsed from 49 the time of eligibility for reinstatement in the other jurisdiction, even 50 though the driver has not fulfilled the requirements for reinstatement in the 51 other jurisdiction. 52 (6) Is an habitual drunkard, or is addicted to the use of narcotic drugs. 53 (7) Has previously been adjudged to be afflicted with or suffering from 3 1 any mental disability or disease and who has not at the time of application 2 been restored to competency by the methods provided by law. 3 (8) Is required by the provisions of this chapter to take an examination, 4 unless that person shall have successfully passed such examination. 5 (9) May be required under any law of this state to furnish proof of 6 financial responsibility and who has not furnished that proof. 7 (10) The department has good cause to believe that the operation of a 8 motor vehicle on the highways by that person would be harmful to public safety 9 or welfare. 10 (11) Is disqualified for a class A, B or C license, except he may be 11 issued a class D driver's license. 12 (12) Is under eighteen (18) years of age and is not enrolled in school, 13 has not received a waiver pursuant to or has not satisfactorily completed 14 school as provided in section 49-303A, Idaho Code. 15 (13) Is not a resident of the state of Idaho. 16 SECTION 3. That Section 49-306, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 49-306. APPLICATION FOR DRIVER'S LICENSE,ORINSTRUCTION PERMIT, OR 19 RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT. (1) Every application for any 20 instruction permit, restricted school attendance driving permit, or for a 21 driver's license shall be made upon a form furnished by the department and 22 shall be verified by the applicant before a person authorized to administer 23 oaths. Officers and employees of the department and sheriffs and their depu- 24 ties are authorized to administer the oaths without charge. Every application 25 for a permit, extension or driver's license shall be accompanied by the fol- 26 lowing fee, none of which is refundable: 27 (a) Class A, B, C (4-year) license with endorsements - age 21 years and 28 older ............................................................. $28.50 29 (b) Class A, B, C (3-year) license with endorsements - age 18 to 21 years 30 ................................................................... $20.50 31 (c) Class A, B, C (1-year) license with endorsements - age 20 years 32 ................................................................... $12.25 33 (d) Class D (3-year) license - under age 18 years ................ $20.50 34 (e) Class D (3-year) license - age 18 to 21 years ................ $20.50 35 (f) Class D (1-year) license - age 17 years or age 20 years ...... $12.25 36 (g) Four-year Class D license - age 21 years and older ........... $24.50 37 (h) Eight-year Class D license - age 21 to 63 years .............. $45.00 38 (i) Class A, B, C instruction permit ............................. $19.50 39 (j) Class D instruction permit or supervised instruction permit 40 ................................................................. . $11.50 41 (k) Duplicate driver's license or permit issued under section 49-318, 42 Idaho Code ........................................................ $11.50 43 (l) Driver's license extension issued under section 49-319, Idaho Code 44 ................................................................... $ 6.50 45 (m) License classification change (upgrade) ...................... $15.50 46 (n) Endorsement addition ......................................... $11.50 47 (o) Class A, B, C skills tests ..................... not more than $55.00 48 (p) Class D skills test .......................................... $15.00 49 (q) Motorcycle endorsement skills test ........................... $ 5.00 50 (r) Knowledge test ............................................... $ 3.00 51 (s) Seasonal driver's license .................................... $27.50 52 (t) One time motorcycle "M" endorsement .......................... $11.50 53 (u) Motorcycle endorsement instruction permit .................... $11.50 4 1 (v) Restricted driving permit or restricted school attendance driving 2 permit ............................................................ $35.00 3 (2) Every application shall state the true and full name, date of birth, 4 sex, declaration of Idaho residency, Idaho residence address and mailing 5 address, if different, of the applicant, height, weight, hair color, and eye 6 color, and the applicant's social security number as verified by the 7 applicant's social security card or by the social security administration. 8 (a) The requirement that an applicant provide a social security number as 9 verified by his social security card or by the social security administra- 10 tion shall apply only to applicants who have been assigned a social secu- 11 rity number. 12 (b) An applicant who has not been assigned a social security number 13 shall: 14 (i) Present written verification from the social security adminis- 15 tration that the applicant has not been assigned a social security 16 number; and 17 (ii) Submit a birth certificate, passport or other documentary evi- 18 dence issued by an entity other than a state or the United States; 19 and 20 (iii) Submit such proof as the department may require that the appli- 21 cant is lawfully present in the United States. 22 A driver's license or any instruction permit issued on and after January 23 1, 1993, shall not contain an applicant's social security number. Applications 24 on file shall be exempt from disclosure except as provided in sections 49-202, 25 49-203, 49-203A and 49-204, Idaho Code. 26 Every application shall also state whether the applicant has previously 27 been licensed as a driver, and if so, when and by what state or country, and 28 whether a driver's license or privileges have ever been suspended, revoked, 29 denied, disqualified, canceled or whether an application has ever been 30 refused, and if so, the date of and reason for the suspension, revocation, 31 denial, disqualification, cancellation or refusal and the applicant's oath 32 that all information is correct as signified by the applicant's signature. 33 The applicant may be required to submit proof of identity acceptable to 34 the examiner or the department and date of birth as set forth in a certified 35 copy of his birth certificate when obtainable, or another document which pro- 36 vides satisfactory evidence of a person's date of birth acceptable to the 37 examiner or the department. 38 (3) Whenever an application is received from a person previously licensed 39 in another jurisdiction, the department shall request a copy of the driver's 40 record from the other jurisdiction and shall contact the national driver reg- 41 ister. When received, the driver's record from the previous jurisdiction shall 42 become a part of the driver's record in this state with the same force and 43 effect as though entered on the driver's record in this state in the original 44 instance. 45 (4) Whenever the department receives a request for a driver's record from 46 another licensing jurisdiction, the record shall be forwarded without charge. 47 (5) The department shall contact and notify the commercial driver license 48 information system of the proposed application for a class A, B or C driver's 49 license to insure identification of the person and to obtain clearance to 50 issue the license. 51 (6) When the fees required under this section are collected by a county 52 officer, they shall be paid over to the county treasurer not less often than 53 monthly, who shall immediately: 54 (a) Deposit an amount equal to five dollars ($5.00) from each driver's 55 license except an eight-year class D license, or any class D instruction 5 1 permit application fees, application for a duplicate driver's license or 2 permit, classification change, seasonal driver's license and additional 3 endorsement, and ten dollars ($10.00) from each eight-year class D 4 driver's license, in the current expense fund; and 5 (b) Deposit two dollars and fifty cents ($2.50) from each motorcycle 6 endorsement and motorcycle endorsement instruction permit fee in the cur- 7 rent expense fund; and 8 (c) Deposit an amount equal to three dollars ($3.00) from each fee for a 9 knowledge test in the current expense fund; and 10 (d) Deposit an amount equal to five dollars ($5.00) from each fee for a 11 motorcycle endorsement skills test in the current expense fund; provided 12 however, if a contractor administers the skills test he shall be entitled 13 to the five dollar ($5.00) fee; and 14 (e) Remit the remainder to the state treasurer; and 15 (f) Deposit eleven dollars and fifty cents ($11.50) from each fee for a 16 class D skills test into the county current expense fund, unless the test 17 is administered by a department-approved contractor, in which case the 18 contractor shall be entitled to eleven dollars and fifty cents ($11.50) of 19 each fee. 20 (7) When the fees required under this section are collected by a state 21 officer or agency, they shall be paid over to the state treasurer. 22 (8) The state treasurer shall distribute the moneys received from fees 23 imposed by the provisions of this section, whether collected by a county offi- 24 cer or by a state officer or agency as follows: 25 (a) Two dollars ($2.00) of each fee for a four-year driver's license or 26 seasonal driver's license, and four dollars ($4.00) of each fee for an 27 eight-year class D driver's license, and one dollar and fifty cents 28 ($1.50) of each fee charged for driver's licenses pursuant to subsections 29 (1)(b), (d) and (e) of this section, and fifty cents (50) of each fee 30 charged for driver's licenses pursuant to subsections (1)(c) and (f) of 31 this section, shall be deposited in the emergency medical services fund II 32 created in section 56-1018A, Idaho Code, and four dollars ($4.00) of each 33 fee charged pursuant to subsections (1)(a), (g) and (s) of this section 34 and eight dollars ($8.00) of each fee charged pursuant to subsection 35 (1)(h) of this section and three dollars ($3.00) of each fee for driver's 36 licenses pursuant to subsections (1)(b), (d) and (e) of this section, and 37 one dollar ($1.00) of each fee charged for driver's licenses pursuant to 38 subsections (1)(c) and (f) of this section shall be deposited in the emer- 39 gency medical services fund III created in section 56-1018B, Idaho Code; 40 and 41 (b) Sixteen dollars and fifty cents ($16.50) of each fee for a seasonal 42 or class A, B or C driver's license, and ten dollars ($10.00) of each fee 43 charged for a license pursuant to subsection (1)(b) of this section, and 44 five dollars and forty-one cents ($5.41) of each fee charged for a license 45 pursuant to subsection (1)(c) of this section shall be deposited in the 46 state highway fund; and 47 (c) Ten dollars and fifty cents ($10.50) of each fee for a class A, B or 48 C instruction permit or driver's license classification change shall be 49 deposited in the state highway fund; and 50 (d) Four dollars ($4.00) of each fee for a class A, B or C instruction 51 permit shall be deposited in the emergency medical services fund III cre- 52 ated in section 56-1018B, Idaho Code; and 53 (e) Six dollars and fifty cents ($6.50) of each fee for a duplicate sea- 54 sonal or class A, B or C driver's license, class A, B or C driver's 55 license extension, or additional endorsement shall be deposited in the 6 1 state highway fund; and 2 (f) Four dollars ($4.00) of each fee for a motorcycle endorsement and 3 motorcycle endorsement instruction permit shall be deposited in the state 4 highway fund; and 5 (g) Five dollars and thirty cents ($5.30) of each fee for a four-year 6 class D driver's license, and ten dollars and sixty cents ($10.60) of each 7 fee for an eight-year class D driver's license, and four dollars ($4.00) 8 of each fee charged for a license pursuant to subsections (1)(d) and (e) 9 of this section, and one dollar and thirty-three cents ($1.33) of each fee 10 charged for a license pursuant to subsection (1)(f) of this section shall 11 be deposited in the driver training fund; and 12 (h) Seven dollars and twenty cents ($7.20) of each fee for a four-year 13 class D driver's license, and ten dollars and forty cents ($10.40) of each 14 fee for an eight-year class D driver's license, and six dollars ($6.00) of 15 each fee charged for a license pursuant to subsections (1)(d) and (e) of 16 this section, and four dollars and eight cents ($4.08) of each fee charged 17 for a license pursuant to subsection (1)(f) of this section shall be 18 deposited in the highway distribution fund; and 19 (i) Two dollars and sixty cents ($2.60) of each fee for a class D 20 instruction permit, duplicate class D license or permit, and class D 21 license extension shall be deposited in the driver training fund; and 22 (j) Three dollars and ninety cents ($3.90) of each fee for a class D 23 instruction permit, duplicate class D license or permit, and class D 24 license extension shall be deposited in the highway distribution fund; and 25 (k) Five dollars ($5.00) of each fee for a class A, B or C skills test 26 shall be deposited in the state highway fund; and 27 (l) One dollar ($1.00) of each fee for a class A, B, C or four-year D 28 driver's license, and two dollars ($2.00) of each fee for an eight-year 29 class D driver's license, and one dollar ($1.00) of each fee charged for a 30 license pursuant to subsections (1)(b), (d) and (e) of this section, and 31 thirty-four cents (34) of each fee charged for a license pursuant to sub- 32 sections (1)(c) and (f) of this section shall be deposited in the motor- 33 cycle safety program fund established in section 33-4904, Idaho Code; and 34 (m) Three dollars and fifty cents ($3.50) of each fee for a class D 35 skills test shall be deposited into the state highway fund. 36 (9) The contractor administering a class A, B or C skills test shall be 37 entitled to not more than fifty dollars ($50.00) of the skills test fee. A 38 contractor administering a class A, B or C skills test may collect an addi- 39 tional fee for the use of the contractor's vehicle for the skills test. 40 (10) Thirty-five dollars ($35.00) of each restricted driving permit and 41 each restricted school attendance driving permit shall be deposited in the 42 state highway fund. 43 (11) The department may issue seasonal class B or C driver's licenses to 44 drivers who are employees of agri-chemical businesses, custom harvesters, farm 45 retail outlets and suppliers, and livestock feeders that: 46 (a) Will only be valid for driving commercial vehicles that normally 47 require class B or C commercial driver's licenses; 48 (b) Will be valid for seasonal periods that begin on the date of issuance 49 and that are not to exceed one hundred eighty (180) days in a twelve (12) 50 month period; 51 (c) May only be obtained twice in a driver's lifetime; 52 (d) Are valid only within a one hundred fifty (150) mile radius of the 53 place of business or farm being serviced; and 54 (e) Will be valid only in conjunction with valid Idaho class D driver's 55 licenses. 7 1 (12) The department may issue seasonal class B or C driver's licenses to 2 drivers who: 3 (a) Have not violated the single license provisions of applicable federal 4 regulations; 5 (b) Have not had any license suspensions, revocations or cancellations; 6 (c) Have not had any convictions in any vehicle for any offense listed in 7 section 49-335(1) or (2), Idaho Code, or any one (1) serious traffic 8 offense; 9 (d) Have at least one (1) year of driving experience with a class D or 10 equivalent license in any type motor vehicle; and 11 (e) Are at least sixteen (16) years old. 12 SECTION 4. That Chapter 3, Title 49, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 14 ignated as Section 49-307A, Idaho Code, and to read as follows: 15 49-307A. RESTRICTED SCHOOL ATTENDANCE DRIVING PERMIT. Notwithstanding any 16 other provision of this chapter applying to licenses or permits, and notwith- 17 standing the minimum age requirement for a driver training course specified in 18 section 33-1703, Idaho Code, other than those provisions specifically applying 19 to restricted school attendance driving permits: 20 (1) The department may issue a restricted school attendance driving permit 21 to a minor fourteen (14) years of age, but less than sixteen (16) years of 22 age, provided the following: 23 (a) The minor resides in an Idaho school district with a population of 24 less than one hundred fifty (150) people; 25 (b) The minor attends an educational program as identified in section 26 49-303A, Idaho Code, and complies with the provisions of section 49-303A, 27 Idaho Code, including submission of verification of attendance compliance 28 by the school district to the department; and 29 (c) There is no school bus service provided to transport the minor to and 30 from school, as verified by the school district to the department. 31 (2) The permit, if issued, shall only entitle the minor to drive to and 32 from school, and school sponsored activities occurring at the school where 33 enrolled, between the hours of 6:00 a.m. and 9:00 p.m. 34 (3) The minor must have completed a driver training course and comply 35 with section 49-310, Idaho Code, as a condition of issuance of a permit pursu- 36 ant to the provisions of this section. 37 (4) The restricted school attendance driving permit shall be canceled for 38 conviction of any traffic offense and shall not be reissued. 39 (5) In the event the student terminates their school enrollment in the 40 district in which they have qualified for a restricted school attendance driv- 41 ing permit, the permit shall be canceled. 42 SECTION 5. That Section 49-310, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 49-310. APPLICATIONS OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS. (1) The 45 application of any person under the age of eighteen (18) years for any class D 46 instruction permit, restricted driver's license, restricted school attendance 47 driving permit, or driver's license shall be signed and verified before a per- 48 son authorized to administer oaths by either the father or mother of the 49 applicant, if both are living and have custody of him; or if either be dead, 50 then by the surviving parent who has custody of him; or by the Idaho resident 51 host of a foreign exchange student, or in the event neither parent is living, 8 1 or if living and does not have the custody of the applicant, then by the per- 2 son or guardian having such custody, with verifiable custody or guardianship 3 documents, or by an employer of the applicant. In the event there is no guard- 4 ian or employer then some other responsible person willing to assume the obli- 5 gation for the applicant may sign the application. Any person who signs the 6 applicant's application shall attest that the applicant is in compliance with 7 the school attendance provisions of section 49-303A, Idaho Code, and when 8 signing for a class D driver's training permit or a class D supervised 9 instruction permit, shall attest that the minor person has satisfied the 10 requirements and conditions applicable to the class D supervised instruction 11 permit pursuant to section 49-307, Idaho Code, when the minor person applies 12 for a class D driver's license. The person willing to assume responsibility 13 for the applicant must be at least eighteen (18) years of age. When signing 14 for a restricted school attendance driving permit, the person signing the 15 applicant's application shall attest that the conditions set forth within sec- 16 tion 49-307A, Idaho Code, are met. Each application for a restricted school 17 attendance driving permit shall also be signed by the local county sheriff, 18 the president of the board of trustees of the local school district, and the 19 school principal of the applicant's school, verifying that the conditions set 20 forth within section 49-307A, Idaho Code, are met. 21 (2) Any negligence or willful misconduct of a person under the age of 22 eighteen (18) years when operating a motor vehicle upon a highway shall be 23 imputed to the person who signed the application of that person for a permit 24 or driver's license, and that person shall be jointly and severally liable 25 with the permit or driver's license holder for any damage caused by negligence 26 or willful misconduct, except as otherwise provided by law. 27 (3) In the event a permit or driver's license holder under the age of 28 eighteen (18) years deposits, or there is deposited upon his behalf, proof of 29 financial responsibility in respect to the operation of any motor vehicle, in 30 form and in amounts as required under the motor vehicle financial responsibil- 31 ity laws of this state, or by the director if the form and amount is not fixed 32 by law, then the department may accept the application when signed by one (1) 33 parent or guardian of the applicant, and while that proof is maintained the 34 parent or guardian shall not be subject to the liability imposed under subsec- 35 tion (2) of this section. 36 (4) Any person who has signed the application of a minor for a permit or 37 driver's license shall be liable civilly for the payment of any court penalty 38 imposed because the minor has been found to have committed an infraction 39 violation. The provisions of this section shall not apply or create any civil 40 liability for the person signing the application in connection with any pedes- 41 trian or bicycle infraction, and provided this subsection shall not apply to 42 any civil action where the plaintiff is other than the state of Idaho. 43 SECTION 6. That Section 49-313, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 49-313. EXAMINATION OF APPLICANTS. (1) The sheriff, his deputy or autho- 46 rized agents of the department shall examine every applicant for an instruc- 47 tion permit, restricted school attendance driving permit, seasonal driver's 48 license, or a driver's license or a motorcycle endorsement, except as other- 49 wise provided by law. The examination shall include a test of the applicant's 50 eyesight, his ability to read and understand highway signs regulating, warn- 51 ing, and directing traffic. A skills test shall be required for an applicant 52 who has not been previously licensed for the class of license requested, or 53 who holds a license issued by another country unless a reciprocal agreement is 9 1 in force. However, a skills test may be required for any and all other appli- 2 cants at the discretion of the examiner or department for a class A, B, C or D 3 driver's license or a motorcycle endorsement. In addition, the applicant's 4 knowledge of traffic laws of this state and when a motorcycle endorsement is 5 applied for, the applicant's knowledge of safe motorcycle operating practices 6 and traffic laws specifically relating to motorcycle operation shall be tested 7 by a written examination, except as provided in section 49-319, Idaho Code. At 8 the discretion of the examiner, the prescribed written examination may be con- 9 ducted orally. 10 (2) The knowledge and skills examinations for applicants for driver's 11 licenses in class A, B or C shall be conducted in compliance with 49 CFR part 12 383. 13 (3) The skills test for a class A, B, C or D driver's license or for any 14 endorsement shall be given by the department or its authorized agents. The 15 skills examiner for a motorcycle endorsement shall be certified by the depart- 16 ment of education. 17 (4) The department shall not issue a tank, double/triple trailer, or haz- 18 ardous material endorsement unless the applicant, in addition to all other 19 applicable qualifications, has passed an appropriate knowledge test. The 20 department shall not issue a passenger endorsement unless the applicant, in 21 addition to all other applicable qualifications, has passed an appropriate 22 knowledge and skills test. 23 (5) Any person failing to pass a knowledge or skills test for a class A, 24 B, C or D driver's license, or a knowledge test for a seasonal driver's 25 license, or any endorsement may not retake the test within three (3) business 26 days of the failure. 27 (6) Any person retaking a knowledge or skills test for a driver's license 28 shall pay the appropriate testing fee as specified in section 49-306, Idaho 29 Code. 30 (7) The motorcycle skills test for a motorcycle endorsement shall be 31 waived by the department: 32 (a) On and after September 1, 1998, if the applicant presents satisfac- 33 tory evidence of successful completion of a recognized motorcycle rider 34 training course approved by the department of education; 35 (b) On and after September 1, 1998, if the applicant presents evidence of 36 a motorcycle endorsement on his current license by a state or province 37 which requires a motorcycle skills test equivalent to that required by 38 Idaho law as determined by the department of education; 39 (c) Until September 1, 1998. 40 (8) At the discretion of the department, an alternate skills test for the 41 motorcycle endorsement may be administered when the endorsement is for opera- 42 tion of a three-wheeled motorcycle only. 43 (9) The department or its authorized agents may refuse to give an appli- 44 cant a skills test if there are reasonable grounds to believe that the safety 45 of the applicant, public, or the examiner would be jeopardized by doing so. 46 Reasonable grounds would include, but not be limited to, the applicant's 47 inability to pass the eye test, written tests, or a statement by a licensed 48 physician stating the applicant is not physically able to drive a motor vehi- 49 cle. 50 (10) The department or its authorized agents may deny issuance or renewal 51 of a driver's license or endorsement to any applicant who does not meet the 52 licensing requirements for the class of driver's license or endorsement being 53 renewed or issued. 54 (11) Skills examinations for seasonal driver's licenses shall be waived. 10 1 SECTION 7. That Section 49-318, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 49-318. DUPLICATE DRIVER LICENSES AND SUBSTITUTE PERMITS. (1) The holder 4 of any instruction permit, class A, B, C or D, restricted school attendance 5 driving permit, or seasonal driver's license which is lost or destroyed, or a 6 licensee whose name is legally changed, may apply for a duplicate driver's 7 license or substitute permit. A duplicate driver's license or substitute per- 8 mit will be issued upon: 9 (a) Payment of the fee as provided in section 49-306, Idaho Code; 10 (b) Furnishing satisfactory proof that the permit, class A, B, C or D, 11 restricted school attendance driving permit, or seasonal driver's license 12 has been lost or destroyed, or that the licensee's name has been legally 13 changed; and 14 (c) Furnishing proof of the applicant's identity acceptable to the exam- 15 iner or the department and date of birth as set forth in a certified copy 16 of his birth certificate when obtainable, or another document which pro- 17 vides evidence of a person's date of birth acceptable to the examiner or 18 department. In the case of a name change, the applicant shall provide 19 legal documentation acceptable to the department to verify the change. 20 (2) A duplicate driver's license or substitute permit shall not be 21 issued, as provided in subsection (1) of this section, if the license or per- 22 mit is suspended, revoked, canceled or disqualified in this state or any other 23 jurisdiction or if the applicant has applied for, or has been issued, a 24 license or permit in another jurisdiction. 25 (3) The holder of any instruction permit, class A, B, C or D, restricted 26 school attendance driving permit, or seasonal driver's license who requests a 27 duplicate driver's license or substitute permit as provided in subsection (1) 28 of this section, may request that the notation "permanently disabled" be 29 imprinted on the permit or license and the department shall imprint 30 "permanently disabled" on the permit or license if: 31 (a) The person has a permanent disability; and 32 (b) The person presents written certification from a licensed physician 33 verifying that the person's stated impairment qualifies as a permanent 34 disability as provided in section 49-117, Idaho Code; and 35 (c) The department determines that the person meets the requirements for 36 issuance of a permit or license as specified in section 49-313, Idaho 37 Code. 38 SECTION 8. 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, restricted 42 school attendance driving permit, or instruction permit upon determining that 43 the licensee or permittee was not entitled to the issuance of the driver's 44 license or instruction permit, or that the licensee or permittee failed to 45 give the required or correct information in his application, or committed 46 fraud in making the application. 47 (2) Upon a cancellation, the licensee or permittee shall surrender the 48cancelledcanceled driver's license orcancelledcanceled instruction permit 49 to the department. 50 (3) The department shall cancel a person's commercial driver's license 51 upon determining that the class A, B, or C licensee has falsified information. 52 Upon cancellation of a class A, B, or C driver's license, the licensee shall 11 1 be disqualified from operating a commercial motor vehicle for a period of 2 sixty (60) days. 3 (4) When a driver's license has beencancelledcanceled for reasons of 4 impairment, incompetence or inability of the licensed driver to operate a 5 motor vehicle safely as provided in section 49-303 or 49-326, Idaho Code, and 6 the licensee has voluntarily surrendered his driver's license, or when a 7 licensed driver requests cancellation of his license for any of the same rea- 8 sons stated in this subsection and he voluntarily surrenders his license, the 9 licensee may be eligible for a no-fee identification card as provided in sec- 10 tion 49-2444, Idaho Code.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 11790C1 The Department of Transportation may issue a minor student fourteen (14) years of age but less than sixteen (16) years of age a Restricted School Attendance Driving Permit when very stringent requirements are met: 1. The minor resides in a county with a population of less than one- hundred fifty (150) people. 2. The parent or guardian must sign the application and assume full responsibility for the student. 3. The sherif or his authorized agent shall examine every applicant request. 4. The minor attends an educational program as identified in section 49-303 A, Idaho Code and complies with the provision of the section, including verification of attendance. 5. There is no school bus service provided to transport a minor to and from school. 6. The permit if issued would only entitle the minor to drive to and from school and school sponsored activities between the hours of 6:00 a.m. and 9:00 p.m. 7. Compliance with section 49-310, Idaho Code, is required as a condition of issuance of a Restricted School Attendance Driving Permit. 8. The cost for the Restricted School Attendance Driving Permit shall be $35.00. FISCAL IMPACT Start up costs for the program. These costs would be offset by license fees. Contact Name: Frances Field Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 610