2006 Legislation
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SENATE BILL NO. 1346 – Driver training instruction permits

SENATE BILL NO. 1346

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S1346.....................................................by TRANSPORTATION
DRIVER TRAINING - INSTRUCTION PERMITS - Amends existing law to revise the
expiration date of a class D driver's training instruction permit; to
provide an alternative expiration date of a class D instruction permit; to
revise the fee for a class D driver's training instruction permit; to
provide that the fee shall be paid by every enrollee of a class D driver's
training course; to revise the distribution of fees; to delete the driver's
training course fee charged by a commercial business; to require the
instructor of the course to have the driver's training instruction permit
in his immediate possession during driving instruction; to provide that a
supervised instruction permit shall become a class D instruction permit
when the permittee reaches the age of seventeen years; and to clarify the
requirements for operating a class D vehicle with a class D supervised
instruction permit.
                                                                        
02/03    Senate intro - 1st rdg - to printing
02/06    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1346
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DRIVER'S LICENSE INSTRUCTION  PERMITS;  AMENDING  SECTION  49-110,
  3        IDAHO  CODE,  TO REVISE THE EXPIRATION DATE OF A CLASS D DRIVER'S TRAINING
  4        INSTRUCTION PERMIT, TO PROVIDE AN ALTERNATE EXPIRATION DATE FOR A CLASS  D
  5        INSTRUCTION  PERMIT  IF  APPLICABLE  AND  TO  MAKE A TECHNICAL CORRECTION;
  6        AMENDING SECTIONS 49-302 AND 49-303, IDAHO CODE, TO PROVIDE  CORRECT  CODE
  7        REFERENCES;  AMENDING  SECTION 49-305, IDAHO CODE, TO PROVIDE AN ALTERNATE
  8        EXPIRATION DATE FOR A CLASS D INSTRUCTION PERMIT  UNDER  SPECIFIED  CONDI-
  9        TIONS;  AND  AMENDING  SECTION 49-307, IDAHO CODE, TO REVISE THE FEE FOR A
 10        CLASS D DRIVER'S TRAINING INSTRUCTION PERMIT,  TO  PROVIDE  THAT  THE  FEE
 11        SHALL  BE PAID BY EVERY ENROLLEE OF A CLASS D DRIVER'S TRAINING COURSE, TO
 12        REVISE THE DISTRIBUTION OF FEES, TO DELETE THE  DRIVER'S  TRAINING  COURSE
 13        FEE CHARGED BY A COMMERCIAL BUSINESS AND DISTRIBUTION OF SUCH FEE, TO PRO-
 14        VIDE  FOR EXPIRATION OF A CLASS D DRIVER'S TRAINING INSTRUCTION PERMIT, TO
 15        REQUIRE THE INSTRUCTOR  OF  THE  COURSE  TO  HAVE  THE  DRIVER'S  TRAINING
 16        INSTRUCTION PERMIT IN HIS IMMEDIATE POSSESSION DURING DRIVING INSTRUCTION,
 17        TO  PROVIDE  THAT  A  SUPERVISED INSTRUCTION PERMIT SHALL BECOME A CLASS D
 18        INSTRUCTION PERMIT IF THE PERMITTEE REACHES THE  AGE  OF  SEVENTEEN  WHILE
 19        OPERATING  ON  A  CLASS D SUPERVISED INSTRUCTION PERMIT AND TO PROVIDE FOR
 20        EXPIRATION OF THE CLASS D INSTRUCTION PERMIT, TO CLARIFY THE  REQUIREMENTS
 21        FOR OPERATING A CLASS D VEHICLE WITH A CLASS D SUPERVISED INSTRUCTION PER-
 22        MIT AND TO PROVIDE CORRECT CODE REFERENCES.
                                                                        
 23    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 24        SECTION  1.  That  Section  49-110, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        49-110.  DEFINITIONS -- I. (1) "Identifying number" means:
 27        (a)  Motor number. That identifying number stamped  on  the  engine  of  a
 28        vehicle.
 29        (b)  Vehicle  identification  number.  The  numbers  and  letters, if any,
 30        placed on a vehicle by the manufacturer for the purpose of identifying the
 31        vehicle.
 32        (2)  "Implements of husbandry" means  every  vehicle  including  self-pro-
 33    pelled units, designed or adapted and used exclusively in agricultural, horti-
 34    cultural,  dairy and livestock growing and feeding operations when being inci-
 35    dentally operated. Such implements include, but are not limited to,  combines,
 36    discs,  dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers,
 37    harvesting and stacking equipment,  pesticide  applicators,  plows,  swathers,
 38    mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or
 39    drawing  any  implement  of husbandry shall be construed to be an implement of
 40    husbandry. "Implements of husbandry" do not include semitrailers, nor do  they
 41    include  motor  vehicles  or trailers, unless their design limits their use to
 42    agricultural, horticultural, dairy or livestock  growing  and  feeding  opera-
 43    tions.
                                                                        
                                           2
                                                                        
  1        (3)  "Incidentally  operated" means the transport of the implement of hus-
  2    bandry from one (1) farm operation to another.
  3        (4)  "Individual record" means a record  containing  personal  information
  4    about  a designated person who is the subject of the record as identified in a
  5    request for information.
  6        (5)  "Infraction" means a civil public offense, not constituting a  crime,
  7    which  is not punishable by incarceration and for which there is no right to a
  8    trial by jury or right to court-appointed counsel, and which is punishable  by
  9    only a penalty not exceeding  one hundred dollars ($100) and no imprisonment.
 10        (6)  "Instruction permits":
 11        (a)  "Class  A,  B or C instruction permit" means a temporary privilege to
 12        operate a motor  vehicle  for  which  a  commercial  driver's  license  is
 13        required;  is available only to a person who is eighteen (18) years of age
 14        or older; is issued pursuant to the provisions of  section  49-305,  Idaho
 15        Code; and the permittee is subject to the conditions specified therein.
 16        (b)  "Class  D  driver's  training  instruction  permit" means a temporary
 17        privilege to operate a class D motor vehicle while attending classes as an
 18        enrollee of a public or private driver's training course only;  is  avail-
 19        able  to  a person aged fourteen and one-half (14 1/2) years; is issued to
 20        the instructor of the driver's training course; expires one (1) year  from
 21        the  date  of  issue;  is issued and expires pursuant to the provisions of
 22        section 49-307, Idaho Code; and the permittee is subject to the conditions
 23        specified therein.
 24        (c)  "Class D instruction permit" means a temporary privilege to operate a
 25        class D motor vehicle which is available to a person under the age of sev-
 26        enteen (17) years who has  successfully  completed  an  approved  driver's
 27        training course and has satisfied the requirements of a class D supervised
 28        instruction permit, or to any person seventeen (17) years of age or older;
 29        is  valid  for a period of one hundred eighty (180) days or as provided in
 30        section 49-307, Idaho Code, if applicable; privileges are limited to driv-
 31        ing with a person who is at least eighteen (18) years of age who  holds  a
 32        valid class D driver's license and is actually occupying a seat beside the
 33        permittee;  is  issued pursuant to the provisions of section 49-305, Idaho
 34        Code; and the permittee is subject to the conditions specified therein.
 35        (d)  "Class D supervised instruction permit" means a  temporary  privilege
 36        to  operate  a class D motor vehicle which is available to a person who is
 37        at least fourteen and one-half (14 1/2) years of age who has  successfully
 38        completed an approved driver's training course, and is valid for a minimum
 39        of  four  (4)  months.  No person may apply for a class D driver's license
 40        until he has attained the age of at least fifteen (15) years and has  suc-
 41        cessfully  satisfied  the  requirements  of  this permit, as specified and
 42        issued pursuant to the provisions of section 49-307, Idaho Code.
 43        (7)  "Instructor" means any person, whether acting for himself as operator
 44    of a commercial driver training school or for such a school for  compensation,
 45    who teaches, conducts classes of, gives demonstrations to, or supervises prac-
 46    tice of, persons learning to operate or drive motor vehicles.
 47        (8)  "Insurer"  means any insurer, public or private, which shall include,
 48    but not be limited to, insurance companies domiciled in the  state  of  Idaho,
 49    agents,  adjuster  or  any  other person acting on behalf of any insurance not
 50    domiciled in the state of Idaho and any self-insured  entity  operating  under
 51    Idaho insurance laws or rules.
 52        (9)  "International  registration  plan"  means a registration reciprocity
 53    agreement among the states of the United States and provinces of  Canada  pro-
 54    viding  for payment of registration and licensing fees on a proportional basis
 55    determined by the fleet miles operated in the various jurisdictions.
                                                                        
                                           3
                                                                        
  1        (910) "Intersection" means:
  2        (a)  The area embraced within the prolongation or connection of  the  lat-
  3        eral curb lines, or, if none, then the lateral boundary lines of the road-
  4        ways  of  two (2) highways which join one another at, or approximately at,
  5        right angles, or the area within which vehicles traveling  upon  different
  6        highways joining at any other angle may come in conflict.
  7        (b)  Where  a  highway  includes two (2) roadways thirty (30) feet or more
  8        apart, then every crossing of each roadway of the divided  highway  by  an
  9        intersecting  highway shall be regarded as a separate intersection. In the
 10        event an intersecting highway also includes two (2) roadways  thirty  (30)
 11        feet  or  more apart, then every crossing of two (2) roadways of the high-
 12        ways shall be regarded as a separate intersection.
 13        (c)  The junction of an alley with a street or highway shall  not  consti-
 14        tute an intersection.
                                                                        
 15        SECTION  2.  That  Section  49-302, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        49-302.  WHAT PERSONS ARE EXEMPT FROM LICENSE. The following  persons  are
 18    exempt  from  licensing  if  driving  privileges  are not suspended, canceled,
 19    revoked, disqualified, denied or refused:
 20        (1)  Any person while driving or operating any farm tractor  or  implement
 21    of husbandry when incidentally operated on a highway.
 22        (2)  Farmers  are exempt from obtaining a class A, B or C driver's license
 23    to operate a commercial motor vehicle which is:
 24        (a)  Controlled and operated by a farmer, including operation by employees
 25        or family members; and
 26        (b)  Used to transport either agricultural products, farm machinery,  farm
 27        supplies, or both, to or from a farm; and
 28        (c)  Not used in the operations of a common or contract motor carrier; and
 29        (d)  Used within one hundred fifty (150) miles of the person's farm.
 30        (3)  Any  person  is  exempt  from  obtaining  a  class A, B or C driver's
 31    license for the operation of commercial motor vehicles which are necessary  to
 32    the  preservation of life or property or the execution of emergency governmen-
 33    tal functions, are equipped with audible and visual signals, and are not  sub-
 34    ject to normal traffic regulations.
 35        (4)  Any  person  is  exempt  from  obtaining a class A, B or C license to
 36    operate a commercial vehicle which is exclusively used to  transport  personal
 37    possessions or family members for nonbusiness or recreational purposes.
 38        (5)  A  nonresident  who is at least fifteen (15) years of age and who has
 39    in his immediate possession a valid driver's license issued to him in his home
 40    state or country may operate a motor vehicle in Idaho only as a class D opera-
 41    tor with driving privileges restricted to daylight hours only except  as  pro-
 42    vided  in  section 49-307(76), Idaho Code, and with full privileges at sixteen
 43    (16) years of age, and only if Idaho residency is not established.
 44        (6)  A nonresident who is at least fifteen (15) years of age and  who  has
 45    in  his  possession  a valid driver's license with a motorcycle endorsement or
 46    who has a valid motorcycle driver's license issued to him in his home state or
 47    country may operate a motorcycle in Idaho with driving  privileges  restricted
 48    to daylight hours only, and with full privileges at sixteen (16) years of age.
 49        (7)  A  nonresident who has in his immediate possession a valid commercial
 50    driver's license issued to him in his home state  or  country  may  operate  a
 51    motor vehicle in Idaho.
 52        (8)  A nonresident on active duty in the armed forces of the United States
 53    who  has  a  valid  driver's license issued by his home jurisdiction, and such
                                                                        
                                           4
                                                                        
  1    nonresident's spouse or dependent son or daughter who  has  a  valid  driver's
  2    license issued by such person's home jurisdiction.
  3        (9)  Any active duty military personnel, active duty U.S. coast guard per-
  4    sonnel,  and members of the reserves and national guard on active duty includ-
  5    ing personnel on full-time national guard duty, personnel on part-time  train-
  6    ing  and  national guard military technicians who as civilians are required to
  7    wear military uniforms and are subject to the code of  military  justice,  are
  8    exempt  from obtaining a commercial driver's license to operate military vehi-
  9    cles. This exemption does not apply to U.S. reserve technicians.
 10        (10) Any person with a valid driver's license  issued  in  their  name  is
 11    exempt  from the requirement to obtain a motorcycle endorsement on the license
 12    when operating a motorcycle on highways or sections of highways designated for
 13    unregistered motorcycle use under section 49-426(3), Idaho Code.
                                                                        
 14        SECTION 3.  That Section 49-303, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        49-303.  WHAT  PERSONS  SHALL  NOT  BE  LICENSED. The department shall not
 17    issue any driver's license, any instruction permit,  privileges  or  right  to
 18    drive  and  if  issued,  may revoke or cancel the driver's license of a person
 19    who:
 20        (1)  As an operator of a vehicle requiring a class D driver's license,  is
 21    under  the age of seventeen (17) years, except that the department may issue a
 22    driver's license to any person who  has  successfully  completed  an  approved
 23    driver training course, has completed the requirements of a class D supervised
 24    instruction  permit, and who is at least fifteen (15) years of age, with driv-
 25    ing privileges restricted to daylight hours only except as provided in section
 26    49-307(76), Idaho Code, and with full privileges at sixteen (16) years of age.
 27    The restriction of daylight hours only shall mean that period of time one-half
 28    (1/2) hour before sunrise to one-half (1/2) hour after sunset. If a person who
 29    is at least fifteen (15) years but is under seventeen (17) years  of  age  has
 30    successfully  completed  an  approved  driver's  training  course and has been
 31    issued a driver's license in another state, he may be issued a  class  D  dri-
 32    ver's license in this state. Provided however, that a restricted school atten-
 33    dance  driving  permit may be issued to those persons meeting the criteria set
 34    forth in section 49-307A, Idaho Code.
 35        (2)  As an operator of a vehicle requiring a class D driver's license,  is
 36    under  the  age  of seventeen (17) years and has not successfully completed an
 37    approved driver training course and has not satisfied the  requirements  of  a
 38    class  D  supervised  instruction  permit. Provided however, that a restricted
 39    school attendance driving permit may be issued to those  persons  meeting  the
 40    criteria set forth in section 49-307A, Idaho Code.
 41        (3)  As  an  operator  of a commercial vehicle requiring a class A, B or C
 42    driver's license is under the age of eighteen (18) years.
 43        (4)  Applicants with less than one (1) year of driving experience, as evi-
 44    denced by a previous driver's license shall not be issued a class A,  B  or  C
 45    driver's license or a class A, B or C instruction permit.
 46        (5)  As  a  driver  has  had  his  license,  class  D  instruction permit,
 47    restricted school attendance driving permit, privileges or right to drive sus-
 48    pended for the duration of the suspension, nor to any person who has  had  his
 49    class D driver's training instruction permit or class D supervised instruction
 50    permit  canceled for the duration of the cancellation, nor to any person whose
 51    license has been revoked, suspended, canceled or disqualified by this state or
 52    any other jurisdiction; provided however, where a driver's  license  has  been
 53    revoked,    suspended, canceled or disqualified in any other jurisdiction, and
                                                                        
                                           5
                                                                        
  1    the driver has completed the period of revocation, suspension, cancellation or
  2    disqualification as specified by the jurisdiction, that person may be  granted
  3    a  class  D driver's license in this state if five (5) years have elapsed from
  4    the time of eligibility for reinstatement  in  the  other  jurisdiction,  even
  5    though  the driver has not fulfilled the requirements for reinstatement in the
  6    other jurisdiction.
  7        (6)  Is an habitual drunkard, or is addicted to the use of narcotic drugs.
  8        (7)  Has previously been adjudged to be afflicted with or  suffering  from
  9    any  mental  disability  or disease and who has not at the time of application
 10    been restored to competency by the methods provided by law.
 11        (8)  Is required by the provisions of this chapter to take an examination,
 12    unless that person shall have successfully passed such examination.
 13        (9)  May be required under any law of  this  state  to  furnish  proof  of
 14    financial responsibility and who has not furnished that proof.
 15        (10) The  department  has  good  cause  to believe that the operation of a
 16    motor vehicle on the highways by that person would be harmful to public safety
 17    or welfare.
 18        (11) Is disqualified for a class A, B or  C  license,  except  he  may  be
 19    issued a class D driver's license.
 20        (12) Is  under  eighteen  (18) years of age and is not enrolled in school,
 21    has not received a waiver pursuant to  or  has  not  satisfactorily  completed
 22    school as provided in section 49-303A, Idaho Code.
 23        (13) Is not a resident of the state of Idaho.
                                                                        
 24        SECTION  4.  That  Section  49-305, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        49-305.  INSTRUCTION PERMITS -- TEMPORARY LICENSES --  TEMPORARY  DRIVER'S
 27    TRAINING  INSTRUCTION PERMIT. (1) Upon passage of the required knowledge tests
 28    appropriate for the vehicle being operated, the department may issue  a  class
 29    A,  B  or  C  instruction permit for the type of vehicle(s) the person will be
 30    operating, or a class D instruction permit for a class D motor vehicle,  enti-
 31    tling  the  applicant, while having the permit in his immediate possession, to
 32    drive a motor vehicle upon the highways for a period  of  up  to  one  hundred
 33    eighty  (180) days; provided however, if a person reaches the age of seventeen
 34    (17) years while operating a  class  D  vehicle  with  a  class  D  supervised
 35    instruction  permit,  and such class D supervised instruction permit becomes a
 36    class D instruction permit as provided in section  49-307,  Idaho  Code,  then
 37    such  class  D  instruction  permit  shall  expire  five  (5)  days  after the
 38    permittee's eighteenth birthday. That person must be accompanied by  an  adult
 39    driver eighteen (18) years of age or older who holds a driver's license appro-
 40    priate  for  the  vehicle  being operated and who is actually occupying a seat
 41    beside the driver.
 42        (a)  Any person who has reached the age of seventeen (17) years may  apply
 43        for  a  class  D  instruction  permit. Any person applying for any class D
 44        instruction permit or driving privileges who is under the age of  eighteen
 45        (18)  years  shall be in compliance with school attendance requirements of
 46        section 49-303A, Idaho Code.
 47        (b)  Any person who has reached the age of eighteen (18)  years,  holds  a
 48        valid  Idaho  class  D  driver's  license and has at least one (1) year of
 49        driving experience, may apply for a class A, B or C instruction permit.
 50        (c)  The department shall not issue a hazardous  material  endorsement  on
 51        any instruction permit.
 52        (2)  The department may, at its discretion, issue a temporary class D dri-
 53    ver's license to an applicant for a class D driver's license permitting him to
                                                                        
                                           6
                                                                        
  1    operate  a  motor vehicle while the department is completing its investigation
  2    and determination of all facts relative to the applicant's right to receive  a
  3    driver's  license.  The  temporary license may be canceled at the department's
  4    discretion at any time after issuance. The temporary license must  be  in  the
  5    applicant's immediate possession while operating a motor vehicle, and it shall
  6    be  invalid  when the applicant's driver's license has been issued or for good
  7    cause has been refused.
  8        (3)  If an applicant for a class D driver's  training  instruction  permit
  9    cannot provide a certified copy of his birth certificate at the time of appli-
 10    cation,  the  department  may  issue a temporary driver's training instruction
 11    permit upon receipt of both a photo  identification  and  a  letter  from  the
 12    school  verifying  the applicant's enrollment in a driver training course. The
 13    certified copy of his birth certificate shall be required  before  a  class  D
 14    driver's license or class D instruction permit will be issued.
 15        (4)  The  department may issue a motorcycle endorsement instruction permit
 16    to an applicant who has a valid driver's license and who has successfully com-
 17    pleted the motorcycle rider's knowledge test and paid  the  appropriate  fees.
 18    The  permit  entitles  the applicant, while having the permit in his immediate
 19    possession, to operate a motorcycle upon the highways  for  a  period  not  to
 20    exceed  one hundred eighty (180) days. If the permittee passes the skills test
 21    for a motorcycle endorsement within one hundred eighty (180) days of  issuance
 22    of  the motorcycle endorsement instruction permit, he shall not be required to
 23    pay the motorcycle endorsement fee. A person holding a motorcycle  instruction
 24    permit  shall  not carry any passenger while operating a motorcycle, shall not
 25    operate a motorcycle except during the hours of daylight only  and  shall  not
 26    operate a motorcycle upon any interstate highway system.
 27        A violation of the conditions of a motorcycle endorsement instruction per-
 28    mit  is  an  infraction. The department shall cancel the permit whether or not
 29    such violation results in conviction of the infraction.
                                                                        
 30        SECTION 5.  That Section 49-307, Idaho Code, be, and the  same  is  hereby
 31    amended to read as follows:
                                                                        
 32        49-307.  FEE  FOR  CLASS D DRIVER'S TRAINING INSTRUCTION PERMIT -- CLASS D
 33    SUPERVISED INSTRUCTION PERMIT. (1) Every enrollee of a class D driver training
 34    course in a public school shall pay a nonrefundable fee of  thirty  twenty-six
 35    dollars  and fifty cents ($30.0026.50). Twenty-five Eighteen dollars and fifty
 36    cents ($25.0018.50) of each fee so imposed shall be deposited  in  the  driver
 37    training  account, three dollars ($3.00) shall be deposited in the state high-
 38    way account, and five dollars ($5.00) will shall be deposited  in  the  county
 39    current expense fund.
 40        (2)  Every  enrollee  of  a  class D driver's training course offered by a
 41    commercial business shall pay a nonrefundable fee  of  ten  dollars  ($10.00).
 42    Five  dollars  ($5.00)  of the fee so imposed shall be deposited in the driver
 43    training account and five dollars ($5.00) shall be  deposited  in  the  county
 44    current expense fund.
 45        (3)  Each  enrollee  of a class D driver training course shall provide the
 46    type of information required for a driver's license or instruction permit, but
 47    the class D driver's training  instruction  permit  shall  be  issued  to  the
 48    instructor  of the course, and the class D driver  training instruction permit
 49    shall expire one (1) year  from  the  issue  date  five  (5)  days  after  the
 50    permittee's  eighteenth  birthday.  No enrollee of any class D driver training
 51    course shall be allowed to attend classes or participate in  driving  instruc-
 52    tion  unless  he  has obtained a class D driver's training instruction permit.
 53    The class D driver's training instruction permit shall be in the  instructor's
                                                                        
                                           7
                                                                        
  1    immediate possession while the permittee is operating a vehicle during driving
  2    instruction.
  3        (43)  Upon  successful completion of the class D driver's training course,
  4    the driver's training instructor shall date and  sign  the  class  D  driver's
  5    training  instruction  permit over to the parent or legal guardian of the per-
  6    mittee, and the parent or legal guardian shall also date and sign the class  D
  7    driver's  training permit and in so doing agrees to assume  responsibility for
  8    ensuring that the permittee complies with  the  requirements  of  operating  a
  9    vehicle  with  a  class  D supervised instruction permit. The signed and dated
 10    class D driver's training instruction permit shall then serve  as  a  class  D
 11    supervised  instruction  permit. In the event the permittee reaches the age of
 12    seventeen (17) years while operating a class D vehicle with a class  D  super-
 13    vised  instruction  permit,  the  supervised instruction permit shall become a
 14    class D instruction permit, and such class D instruction permit  shall  expire
 15    five (5) days after the permittee's eighteenth birthday.
 16        (54)  No  permittee  may  apply for a class D driver's license sooner than
 17    fifteen (15) years of age and no sooner than four (4) months after  completing
 18    a class D driver's training course, during which time the permittee shall sat-
 19    isfy all requirements for operation of a class D vehicle with a class D super-
 20    vised instruction permit as follows:
 21        (a)  The permittee shall not operate a vehicle unless he is accompanied by
 22        a  driver  who holds a valid driver's license, is twenty-one (21) years of
 23        age or older, and who is actually occupying a seat  beside  the  permittee
 24        driver.  The  supervising driver and the permittee shall be the only occu-
 25        pants of the front passenger section of the vehicle.
 26        (b)  Over a period of time no less than four (4)  months,  tThe  permittee
 27        shall accumulate at least fifty (50) hours of supervised driving time, ten
 28        (10) hours of which shall be during hours of darkness.
 29        (c)  The  permit  shall  be in the permittee's immediate possession at all
 30        times while operating a vehicle.
 31        (d)  In addition to the permittee driver and the supervising  driver,  all
 32        other  occupants of the vehicle shall wear a seat belt or be restrained by
 33        child passenger restraints as required by law.
 34        (e)  The permittee is subject to the provisions of  sections  18-1502  and
 35        18-8004, Idaho Code, relating to violation of age restrictions on consump-
 36        tion  of  beer, wine, and alcohol and driving under the influence of alco-
 37        hol, drugs or any other intoxicating substances, respectively.
 38        (f)  The permittee shall not have been convicted  of  any  moving  traffic
 39        violation,  or  have had driving privileges suspended by the department or
 40        the court for any offense, or found to be  in  violation  of  any  of  the
 41        restrictions on the class D supervised instruction permit, for a period of
 42        at  least  four  (4) months from the date the driver's training instructor
 43        signed the permit over to the parent or legal guardian, or from the date a
 44        canceled class D supervised instruction permit was reissued, or until  the
 45        permittee reaches seventeen (17) years of age.
 46        (g)  If  the  permittee  is  under seventeen (17) years of age and is con-
 47        victed of a violation of any traffic law, or section 18-1502, Idaho  Code,
 48        or  section 18-8004, Idaho  Code, or is found to be in violation of any of
 49        the restrictions on the class D supervised instruction permit, the depart-
 50        ment shall cancel the class D supervised instruction permit, and the  can-
 51        cellation  shall not be used to establish rates of motor vehicle insurance
 52        charged by a casualty insurer. If tThe permittee is under  seventeen  (17)
 53        years  of  age,  he may reapply for and be issued a new class D supervised
 54        instruction permit upon payment of the appropriate fees, and  shall  again
 55        be  required to operate with the class D supervised instruction permit for
                                                                        
                                           8
                                                                        
  1        at least four (4) months from the date of reissue without a conviction  or
  2        suspension,  accumulate  the  required hours of driving time and adhere to
  3        the requirements as specified in paragraphs (a) through (f) of  this  sub-
  4        section (54).
  5        (65)  Upon  completion of the requirements in subsection (54) of this sec-
  6    tion, the permittee shall take the knowledge test and skills test administered
  7    by a person certified by the Idaho  transportation  department  to  administer
  8    knowledge and skills tests.
  9        (76)  Upon  passage  of  the knowledge and skills tests, the permittee may
 10    apply for a class D driver's license with  driving  privileges  restricted  to
 11    daylight  hours  for  persons  under  sixteen (16) years of age, and with full
 12    privileges at sixteen (16) years  of  age  or  older.  Provided  however,  the
 13    restriction  on  daylight hours only driving privileges for persons under six-
 14    teen (16) years of age shall not apply if:
 15        (a)  The person under sixteen (16) years of age has a valid class  D  dri-
 16        ver's license; and
 17        (b)  Is  accompanied by a driver who holds a valid driver's license and is
 18        twenty-one (21) years of age or older and is  actually  occupying  a  seat
 19        beside the licensee who is under sixteen (16) years of age; and
 20        (c)  The two (2) licensed drivers are the only occupants of the front pas-
 21        senger section of the vehicle.
 22    The restriction of daylight hours only shall mean that period of time one-half
 23    (1/2) hour before sunrise to one-half (1/2) hour after sunset.

Statement of Purpose / Fiscal Impact


                                      STATEMENT OF PURPOSE

                                           RS 15359c1
                                  
  This legislation (1) equalizes fees and fee distribution for both public and commercial school
  driver education permits, making the driver's training permits interchangeable between
  commercial schools and public schools; (2) increases funding to the driver's training account;
  (3) provides funding for a digitized Supervised Instruction Permit; (4) provides clarification
  that the class D Driver's training instruction permit must be in the instructor's immediate
  possession while the permittee is operating a vehicle during driving instruction; and (5) changes
  the expiration date for a driver training instruction permit to age 18.
                           
                                          FISCAL NOTE
                                  
  With the approval of the proposed legislation, a single type of driver education permit would be
  issued for a fee of $26.50 with the following fee distribution:
            $5.00 to the county current expense fund
            $3.00 to the state highway account and
            $18.50 to the driver training account.
       
  REVENUE
  ESTIMATED ADDITIONAL ANNUAL REVENUE :
       DRIVER'S TRAINING ACCOUNT  . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  $ 3,333
       (Based on approx. 20,000 driver training students per year)
       STATE HIGHWAY FUND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   $60,000
       (Based on approx. 20,000 driver training students per year)
       COUNTY CURRENT EXPENSE FUND (no change). . . . . . . . . . . . . . . . . . . . . . . . .- 0- 
  
       TOTAL ANNUAL REVENUE INCREASE:. . . . . . . . . . . . . . . . . . . . . . . . . . . . $63,333
  
  
  COSTS
  ITD ONE-TIME PROGRAMMING COSTS      {$71 per hour) :
       Fee and expiration date changes (approx. 40 hours):. . . . . . . . . . . . . . . . . . .$2,800
       Develop digitized instruction permit (approx. 80 hours) :  . . . . . . . . . . . . . . .$5,700
            TOTAL ONE-TIME COSTS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$8,500
  
  ITD ON-GOING CARD PRODUCTION COSTS      {$2.467 EACH) :
      Approximately 20,000 cards generated per year:. . . . . . . . . . . . . . . . . . . . .  $50,000


  ESTIMATED ADDITIONAL COSTS TO CONSUMERS:
  Driver training permit for commercial
     driving school students:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.50 Each


  ESTIMATED DECREASED COSTS TO CONSUMERS:
  Driver training permit for public driving school students:. . . . . . . . . . . . . . . . . . .$3.50



  CONTACT
  Name:          Lynn Rhodes
  Agency:        Idaho Transportation Department
  Phone:         334-8727


STATEMENT OF PURPOSE/FISCAL NOTE                                                              S 1346