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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 - 2002
IN 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, OR INSTRUCTION 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
39 cancelled canceled driver's license or cancelled canceled 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 been cancelled canceled 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 - 2002
Moved 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 - 2002
IN 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, OR INSTRUCTION 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
48 cancelled canceled driver's license or cancelled canceled 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 been cancelled canceled 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