Print Friendly HOUSE BILL NO. 103 – Driving after dark, under 16, when
HOUSE BILL NO. 103
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H0103............................................by TRANSPORTATION AND DEFENSE
DRIVERS - UNDER 16 - Amends existing law to allow a person under sixteen years
of age who holds a valid Class D driver's license to drive after dark if the
person is accompanied by another person who holds a valid driver's license and
is twenty-one years of age or older and is actually occupying the seat beside
the licensee under sixteen years of age, and the two licensed drivers are the
only occupants of the front passenger section of the vehicle.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to Transp
01/31 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 64-1-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bieter, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Miller,
Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Sayler, Schaefer(Schaefer), Shepherd,
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Tilman, Wood, Mr. Speaker
NAYS -- Bell
Absent and excused -- Field(18), Harwood, Meyer, Trail, Wills
Floor Sponsor - Wood
Title apvd - to Senate
02/05 Senate intro - 1st rdg - to Transp
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 34-1-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
Inram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- Davis
Absent and excused -- None
Floor Sponsor - Keough
Title apvd - to House
03/04 To enrol
03/05 Rpt enrol - Sp signed
03/06 Pres signed
03/07 To Governor
03/13 Governor signed
Session Law Chapter 47
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 103
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO CLASS D MOTOR VEHICLE DRIVER'S LICENSES; AMENDING SECTION 49-302,
3 IDAHO CODE, TO PROVIDE REFERENCE TO A CODE SECTION AND TO MAKE A TECHNICAL
4 CORRECTION; AMENDING SECTION 49-303, IDAHO CODE, TO PROVIDE REFERENCE TO A
5 CODE SECTION; AND AMENDING SECTION 49-307, IDAHO CODE, TO ALLOW A PERSON
6 UNDER SIXTEEN YEARS OF AGE WHO HOLDS A VALID CLASS D DRIVER'S LICENSE TO
7 DRIVE AFTER DARK IF THE LICENSEE UNDER SIXTEEN YEARS OF AGE IS ACCOMPANIED
8 BY ANOTHER PERSON WHO HOLDS A VALID DRIVER'S LICENSE AND IS TWENTY-ONE
9 YEARS OF AGE OR OLDER AND IS ACTUALLY OCCUPYING A SEAT BESIDE THE LICENSEE
10 UNDER SIXTEEN YEARS OF AGE, AND THE TWO LICENSED DRIVERS ARE THE ONLY
11 OCCUPANTS OF THE FRONT PASSENGER SECTION OF THE VEHICLE AND TO MAKE A
12 TECHNICAL CORRECTION.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 49-302, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 49-302. WHAT PERSONS ARE EXEMPT FROM LICENSE. The following persons are
17 exempt from licensing if driving privileges are not suspended, cancelled can-
18 celed, revoked, disqualified, denied or refused:
19 (1) Any person while driving or operating any farm tractor or implement
20 of husbandry when incidentally operated on a highway.
21 (2) Farmers are exempt from obtaining a class A, B or C driver's license
22 to operate a commercial motor vehicle which is:
23 (a) Controlled and operated by a farmer, including operation by employees
24 or family members; and
25 (b) Used to transport either agricultural products, farm machinery, farm
26 supplies, or both, to or from a farm; and
27 (c) Not used in the operations of a common or contract motor carrier; and
28 (d) Used within one hundred fifty (150) miles of the person's farm.
29 (3) Any person is exempt from obtaining a class A, B or C driver's
30 license for the operation of commercial motor vehicles which are necessary to
31 the preservation of life or property or the execution of emergency governmen-
32 tal functions, are equipped with audible and visual signals, and are not sub-
33 ject to normal traffic regulations.
34 (4) Any person is exempt from obtaining a class A, B or C license to
35 operate a commercial vehicle which is exclusively used to transport personal
36 possessions or family members for nonbusiness or recreational purposes.
37 (5) A nonresident who is at least fifteen (15) years of age and who has
38 in his immediate possession a valid driver's license issued to him in his home
39 state or country may operate a motor vehicle in Idaho only as a class D opera-
40 tor with driving privileges restricted to daylight hours only except as pro-
41 vided in section 49-307(7), Idaho Code, and with full privileges at sixteen
42 (16) years of age, and only if Idaho residency is not established.
43 (6) A nonresident who is at least fifteen (15) years of age and who has
1 in his possession a valid driver's license with a motorcycle endorsement or
2 who has a valid motorcycle driver's license issued to him in his home state or
3 country may operate a motorcycle in Idaho with driving privileges restricted
4 to daylight hours only, and with full privileges at sixteen (16) years of age.
5 (7) A nonresident who has in his immediate possession a valid commercial
6 driver's license issued to him in his home state or country may operate a
7 motor vehicle in Idaho.
8 (8) A nonresident on active duty in the armed forces of the United States
9 who has a valid driver's license issued by his home jurisdiction, and such
10 nonresident's spouse or dependent son or daughter who has a valid driver's
11 license issued by such person's home jurisdiction.
12 (9) Any active duty military personnel, active duty U.S. coast guard per-
13 sonnel, and members of the reserves and national guard on active duty includ-
14 ing personnel on full-time national guard duty, personnel on part-time train-
15 ing and national guard military technicians who as civilians are required to
16 wear military uniforms and are subject to the code of military justice, are
17 exempt from obtaining a commercial driver's license to operate military vehi-
18 cles. This exemption does not apply to U.S. reserve technicians.
19 (10) Any person with a valid driver's license issued in their name is
20 exempt from the requirement to obtain a motorcycle endorsement on the license
21 when operating a motorcycle on highways or sections of highways designated for
22 unregistered motorcycle use under section 49-426(3), Idaho Code.
23 SECTION 2. That Section 49-303, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 49-303. WHAT PERSONS SHALL NOT BE LICENSED. The department shall not
26 issue any driver's license, any instruction permit, privileges or right to
27 drive and if issued, may revoke or cancel the driver's license of a person
29 (1) As an operator of a vehicle requiring a class D driver's license, is
30 under the age of seventeen (17) years, except that the department may issue a
31 driver's license to any person who has successfully completed an approved
32 driver training course, has completed the requirements of a class D supervised
33 instruction permit, and who is at least fifteen (15) years of age, with driv-
34 ing privileges restricted to daylight hours only except as provided in section
35 49-307(7), Idaho Code, and with full privileges at sixteen (16) years of age.
36 The restriction of daylight hours only shall mean that period of time one-half
37 (1/2) hour before sunrise to one-half (1/2) hour after sunset. If a person who
38 is at least fifteen (15) years but is under seventeen (17) years of age has
39 successfully completed an approved driver's training course and has been
40 issued a driver's license in another state, he may be issued a class D dri-
41 ver's license in this state. Provided however, that a restricted school atten-
42 dance driving permit may be issued to those persons meeting the criteria set
43 forth in section 49-307A, Idaho Code.
44 (2) As an operator of a vehicle requiring a class D driver's license, is
45 under the age of seventeen (17) years and has not successfully completed an
46 approved driver training course and has not satisfied the requirements of a
47 class D supervised instruction permit. Provided however, that a restricted
48 school attendance driving permit may be issued to those persons meeting the
49 criteria set forth in section 49-307A, Idaho Code.
50 (3) As an operator of a commercial vehicle requiring a class A, B or C
51 driver's license is under the age of eighteen (18) years.
52 (4) Applicants with less than one (1) year of driving experience, as evi-
53 denced by a previous driver's license shall not be issued a class A, B or C
1 driver's license or a class A, B or C instruction permit.
2 (5) As a driver has had his license, class D instruction permit,
3 restricted school attendance driving permit, privileges or right to drive
4 suspended for the duration of the suspension, nor to any person who has had
5 his class D driver's training instruction permit or class D supervised
6 instruction permit canceled for the duration of the cancellation, nor to any
7 person whose license has been revoked, suspended, canceled or disqualified by
8 this state or any other jurisdiction; provided however, where a driver's
9 license has been revoked, suspended, canceled or disqualified in any other
10 jurisdiction, and the driver has completed the period of revocation, suspen-
11 sion, cancellation or disqualification as specified by the jurisdiction, that
12 person may be granted a class D driver's license in this state if five (5)
13 years have elapsed from the time of eligibility for reinstatement in the other
14 jurisdiction, even though the driver has not fulfilled the requirements for
15 reinstatement in the other jurisdiction.
16 (6) Is an habitual drunkard, or is addicted to the use of narcotic drugs.
17 (7) Has previously been adjudged to be afflicted with or suffering from
18 any mental disability or disease and who has not at the time of application
19 been restored to competency by the methods provided by law.
20 (8) Is required by the provisions of this chapter to take an examination,
21 unless that person shall have successfully passed such examination.
22 (9) May be required under any law of this state to furnish proof of
23 financial responsibility and who has not furnished that proof.
24 (10) The department has good cause to believe that the operation of a
25 motor vehicle on the highways by that person would be harmful to public safety
26 or welfare.
27 (11) Is disqualified for a class A, B or C license, except he may be
28 issued a class D driver's license.
29 (12) Is under eighteen (18) years of age and is not enrolled in school,
30 has not received a waiver pursuant to or has not satisfactorily completed
31 school as provided in section 49-303A, Idaho Code.
32 (13) Is not a resident of the state of Idaho.
33 SECTION 3. That Section 49-307, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 49-307. FEE FOR CLASS D DRIVER'S TRAINING INSTRUCTION PERMIT -- CLASS D
36 SUPERVISED INSTRUCTION PERMIT. (1) Every enrollee of a class D driver training
37 course in a public school shall pay a nonrefundable fee of thirty dollars
38 ($30.00). Twenty-five dollars ($25.00) of each fee so imposed shall be depos-
39 ited in the driver training account and five dollars ($5.00) will be deposited
40 in the county current expense fund.
41 (2) Every enrollee of a class D driver's training course offered by a
42 commercial business shall pay a nonrefundable fee of ten dollars ($10.00).
43 Five dollars ($5.00) of the fee so imposed shall be deposited in the driver
44 training account and five dollars ($5.00) shall be deposited in the county
45 current expense fund.
46 (3) Each enrollee of a class D driver training course shall provide the
47 type of information required for a driver's license or instruction permit, but
48 the class D driver's training instruction permit shall be issued to the
49 instructor of the course, and the class D driver training instruction permit
50 shall expire one (1) year from the issue date. No enrollee of any class D
51 driver training course shall be allowed to attend classes or participate in
52 driving instruction unless he has obtained a class D driver's training
53 instruction permit.
1 (4) Upon successful completion of the class D driver's training course,
2 the driver's training instructor shall date and sign the class D driver's
3 training instruction permit over to the parent or legal guardian of the per-
4 mittee, and the parent or legal guardian shall also date and sign the class D
5 driver's training permit and in so doing agrees to assume responsibility for
6 ensuring that the permittee complies with the requirements of operating a
7 vehicle with a class D supervised instruction permit. The signed and dated
8 class D driver's training instruction permit shall then serve as a class D
9 supervised instruction permit.
10 (5) No permittee may apply for a class D driver's license sooner than
11 fifteen (15) years of age and no sooner than four (4) months after completing
12 a class D driver's training course, during which time the permittee shall sat-
13 isfy all requirements for operation of a class D vehicle with a class D super-
14 vised instruction permit as follows:
15 (a) The permittee shall not operate a vehicle unless he is accompanied by
16 a driver who holds a valid driver's license, is twenty-one (21) years of
17 age or older, and who is actually occupying a seat beside the permittee
18 driver. The supervising driver and the permittee shall be the only occu-
19 pants of the front passenger section of the vehicle.
20 (b) The permittee shall accumulate at least fifty (50) hours of super-
21 vised driving time, ten (10) hours of which shall be during hours of dark-
23 (c) The permit shall be in the permittee's immediate possession at all
24 times while operating a vehicle.
25 (d) In addition to the permittee driver and the supervising driver, all
26 other occupants of the vehicle shall wear a seat belt or be restrained by
27 child passenger restraints as required by law.
28 (e) The permittee is subject to the provisions of sections 18-1502 and
29 18-8004, Idaho Code, relating to violation of age restrictions on consump-
30 tion of beer, wine, and alcohol and driving under the influence of alco-
31 hol, drugs or any other intoxicating substances, respectively.
32 (f) The permittee shall not have been convicted of any moving traffic
33 violation, or have had driving privileges suspended by the department or
34 the court for any offense, or found to be in violation of any of the
35 restrictions on the class D supervised instruction permit, for a period of
36 at least four (4) months from the date the driver's training instructor
37 signed the permit over to the parent or legal guardian, or from the date a
38 cancelled canceled class D supervised instruction permit was reissued, or
39 until the permittee reaches seventeen (17) years of age.
40 (g) If the permittee is convicted of a violation of any traffic law, or
41 section 18-1502, Idaho Code, or section 18-8004, Idaho Code, or is found
42 to be in violation of any of the restrictions on the class D supervised
43 instruction permit, the department shall cancel the class D supervised
44 instruction permit, and the cancellation shall not be used to establish
45 rates of motor vehicle insurance charged by a casualty insurer. The per-
46 mittee may reapply for and be issued a new class D supervised instruction
47 permit upon payment of the appropriate fees, and shall again be required
48 to operate with the class D supervised instruction permit for at least
49 four (4) months from the date of reissue without a conviction or suspen-
50 sion, accumulate the required hours of driving time and adhere to the
51 requirements as specified in paragraphs (a) through (f) of this subsection
53 (6) Upon completion of the requirements in subsection (5) of this sec-
54 tion, the permittee shall take the knowledge test and skills test administered
55 by a person certified by the Idaho transportation department to administer
1 knowledge and skills tests.
2 (7) Upon passage of the knowledge and skills tests, the permittee may
3 apply for a class D driver's license with driving privileges restricted to
4 daylight hours for persons under sixteen (16) years of age, and with full
5 privileges at sixteen (16) years of age or older. Provided however, the
6 restriction on daylight hours only driving privileges for persons under six-
7 teen (16) years of age shall not apply if:
8 (a) The person under sixteen (16) years of age has a valid class D dri-
9 ver's license; and
10 (b) Is accompanied by a driver who holds a valid driver's license and is
11 twenty-one (21) years of age or older and is actually occupying a seat
12 beside the licensee who is under sixteen (16) years of age; and
13 (c) The two (2) licensed drivers are the only occupants of the front pas-
14 senger section of the vehicle.
15 The restriction of daylight hours only shall mean that period of time one-half
16 (1/2) hour before sunrise to one-half (1/2) hour after sunset.
STATEMENT OF PURPOSE
This bill would allow licensed drivers who are 15 years old to
drive during non-daylight hours if they are accompanied by an
adult licensed driver.
There is no fiscal impact
Name: Rep. Wood
STATEMENT OF PURPOSE/FISCAL NOTE H103