2007 Legislation
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SENATE BILL NO. 1110 – Driver instruction permits

SENATE BILL NO. 1110

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S1110.....................................................by TRANSPORTATION
DRIVER INSTRUCTION PERMITS - Amends existing law to revise the definitions
of "class D driver's training instruction permit" and "class D instruction
permit" to provide expiration dates; to revise the fee for all driver's
training instruction permits; to revise the distribution of fees; to
provide for issuance of temporary permits; to require driver's training
instructors to keep such instruction permits in their immediate possession
while permittees are operating a vehicle; to specify a condition under
which a supervised instruction permit becomes a class D instruction permit;
and to clarify the requirements for operating a class D vehicle with a
class D supervised instruction permit.
                                                                        
02/09    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1110
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DRIVER'S INSTRUCTION PERMITS; AMENDING SECTION 49-110, IDAHO CODE,
  3        TO REVISE THE DEFINITIONS OF "CLASS D DRIVER'S TRAINING  INSTRUCTION  PER-
  4        MIT"  AND  "CLASS D INSTRUCTION PERMIT" AND TO MAKE TECHNICAL CORRECTIONS;
  5        AMENDING SECTION 49-302, IDAHO CODE, TO PROVIDE CORRECT  CODE  REFERENCES;
  6        AMENDING  SECTION   49-303, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES
  7        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-305, IDAHO CODE, TO
  8        PROVIDE AN EXPIRATION DATE FOR CERTAIN CLASS  D  INSTRUCTION  PERMITS,  TO
  9        PROVIDE  CORRECT  TERMINOLOGY, TO SPECIFY AGE AND OTHER QUALIFICATIONS FOR
 10        OBTAINING A PERMIT AND TO DELETE REFERENCE TO APPLICATION FOR  A  CLASS  D
 11        DRIVER'S  TRAINING  INSTRUCTION PERMIT; AND AMENDING SECTION 49-307, IDAHO
 12        CODE, TO PROVIDE CONDITIONS FOR ISSUANCE AND EXPIRATION OF  CLASS  D  DRI-
 13        VER'S  TRAINING INSTRUCTION AND CLASS D INSTRUCTION PERMITS, TO REVISE THE
 14        FEE FOR ALL DRIVER'S TRAINING INSTRUCTION PERMITS AND TO REVISE  THE  DIS-
 15        TRIBUTION  OF  FEES,  TO  PROVIDE  FOR  ISSUANCE  OF TEMPORARY PERMITS, TO
 16        REQUIRE DRIVER'S TRAINING INSTRUCTORS TO KEEP INSTRUCTION PERMITS IN THEIR
 17        IMMEDIATE POSSESSION WHILE PERMITTEES ARE OPERATING A VEHICLE, TO  SPECIFY
 18        A  CONDITION UNDER WHICH A CLASS D SUPERVISED INSTRUCTION PERMIT BECOMES A
 19        CLASS D INSTRUCTION PERMIT AND TO PROVIDE FOR EXPIRATION OF SUCH  INSTRUC-
 20        TION  PERMIT,  TO CLARIFY THE REQUIREMENTS FOR OPERATING A CLASS D VEHICLE
 21        WITH A CLASS D SUPERVISED INSTRUCTION PERMIT AND TO MAKE TECHNICAL CORREC-
 22        TIONS.
                                                                        
 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.
 27        (1)  "Identifying number" means:
 28        (a)  Motor  number.  That  identifying  number  stamped on the engine of a
 29        vehicle.
 30        (b)  Vehicle identification number.  The  numbers  and  letters,  if  any,
 31        placed on a vehicle by the manufacturer for the purpose of identifying the
 32        vehicle.
 33        (2)  "Implements  of  husbandry"  means  every vehicle including self-pro-
 34    pelled units, designed or adapted and used exclusively in agricultural, horti-
 35    cultural, dairy and livestock growing and feeding operations when being  inci-
 36    dentally  operated. Such implements include, but are not limited to, combines,
 37    discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay  balers,
 38    harvesting  and  stacking  equipment,  pesticide applicators, plows, swathers,
 39    mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or
 40    drawing any implement of husbandry shall be construed to be  an  implement  of
 41    husbandry.  "Implements of husbandry" do not include semitrailers, nor do they
 42    include motor vehicles or trailers, unless their design limits  their  use  to
 43    agricultural,  horticultural,  dairy  or  livestock growing and feeding opera-
                                                                        
                                       2
                                                                        
  1    tions.
  2        (3)  "Incidentally operated" means the transport of the implement of  hus-
  3    bandry from one (1) farm operation to another.
  4        (4)  "Individual  record"  means  a record containing personal information
  5    about a designated person who is the subject of the record as identified in  a
  6    request for information.
  7        (5)  "Infraction"  means a civil public offense, not constituting a crime,
  8    which is not punishable by incarceration and for which there is no right to  a
  9    trial  by jury or right to court-appointed counsel, and which is punishable by
 10    only a penalty not exceeding one hundred dollars ($100) and no imprisonment.
 11        (6)  "Instruction permits":
 12        (a)  "Class A, B or C instruction permit" means a temporary  privilege  to
 13        operate    a  motor  vehicle  for  which  a commercial driver's license is
 14        required; is available only to a person who is eighteen (18) years of  age
 15        or  older;  is  issued pursuant to the provisions of section 49-305, Idaho
 16        Code; and the permittee is subject to the conditions specified therein.
 17        (b)  "Class D driver's training  instruction  permit"  means  a  temporary
 18        privilege to operate a class D motor vehicle while attending classes as an
 19        enrollee  of  a public or private driver's training course only; is avail-
 20        able to a person aged fourteen and one-half (14 1/2) up to  age  seventeen
 21        (17)  years;  is issued to the instructor of the driver's training course;
 22        expires one (1) year from the date of issue; is issued and expires  pursu-
 23        ant  to the provisions of section 49-307, Idaho Code; and the permittee is
 24        subject to the conditions specified therein in section 49-307, Idaho Code.
 25        (c)  "Class D instruction permit" means a temporary privilege to operate a
 26        class D motor vehicle which is available to a person under the age of sev-
 27        enteen (17) years who has  successfully  completed  an  approved  driver's
 28        training course and has satisfied the requirements of a class D supervised
 29        instruction permit, or to any person seventeen (17) years of age or older;
 30        is  valid  for a period of one hundred eighty (180) days or as provided in
 31        section 49-305, Idaho Code, if applicable; privileges are limited to driv-
 32        ing with a person who is at least eighteen (18) years of age who  holds  a
 33        valid class D driver's license and is actually occupying a seat beside the
 34        permittee;  is  issued pursuant to the provisions of section 49-305, Idaho
 35        Code; and the permittee is subject to the conditions specified therein  in
 36        section 49-305, Idaho Code.
 37        (d)  "Class  D  supervised instruction permit" means a temporary privilege
 38        to operate a class D motor vehicle which is available to a person  who  is
 39        at  least fourteen and one-half (14 1/2) years of age who has successfully
 40        completed an approved driver's training course, and is valid for a minimum
 41        of four (4) months. No person may apply for a  class  D  driver's  license
 42        until  he has attained the age of at least fifteen (15) years and has suc-
 43        cessfully satisfied the requirements of  this  permit,  as  specified  and
 44        issued pursuant to the provisions of section 49-307, Idaho Code.
 45        (7)  "Instructor" means any person, whether acting for himself as operator
 46    of  a commercial driver training school or for such a school for compensation,
 47    who teaches, conducts classes of, gives demonstrations to, or supervises prac-
 48    tice of, persons learning to operate or drive motor vehicles.
 49        (8)  "Insurer" means any insurer, public or private, which shall  include,
 50    but  not  be  limited to, insurance companies domiciled in the state of Idaho,
 51    agents, adjuster or any other person acting on behalf  of  any  insurance  not
 52    domiciled  in  the  state of Idaho and any self-insured entity operating under
 53    Idaho insurance laws or rules.
 54        (9)  "International registration plan" means  a  registration  reciprocity
 55    agreement  among  the states of the United States and provinces of Canada pro-
                                                                        
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  1    viding for payment of registration and licensing fees on a proportional  basis
  2    determined by the fleet miles operated in the various jurisdictions.
  3        (910) "Intersection" means:
  4        (a)  The  area  embraced within the prolongation or connection of the lat-
  5        eral curb lines, or, if none, then the lateral boundary lines of the road-
  6        ways of two (2) highways which join one another at, or  approximately  at,
  7        right  angles,  or the area within which vehicles traveling upon different
  8        highways joining at any other angle may come in conflict.
  9        (b)  Where a highway includes two (2) roadways thirty (30)  feet  or  more
 10        apart,    then every crossing of each roadway of the divided highway by an
 11        intersecting highway shall be regarded as a separate intersection. In  the
 12        event  an  intersecting highway also includes two (2) roadways thirty (30)
 13        feet or more apart, then every crossing of two (2) roadways of  the  high-
 14        ways shall be regarded as a separate intersection.
 15        (c)  The  junction  of an alley with a street or highway shall not consti-
 16        tute an intersection.
                                                                        
 17        SECTION 2.  That Section 49-302, Idaho Code, be, and the  same  is  hereby
 18    amended to read as follows:
                                                                        
 19        49-302.  WHAT  PERSONS  ARE EXEMPT FROM LICENSE. The following persons are
 20    exempt from licensing if  driving  privileges  are  not  suspended,  canceled,
 21    revoked, disqualified, denied or refused:
 22        (1)  Any  person  while driving or operating any farm tractor or implement
 23    of husbandry when incidentally operated on a highway.
 24        (2)  Farmers are exempt from obtaining a class A, B or C driver's  license
 25    to operate a commercial motor vehicle which is:
 26        (a)  Controlled and operated by a farmer, including operation by employees
 27        or family members; and
 28        (b)  Used  to transport either agricultural products, farm machinery, farm
 29        supplies, or both, to or from a farm; and
 30        (c)  Not used in the operations of a common or contract motor carrier; and
 31        (d)  Used within one hundred fifty (150) miles of the person's farm.
 32        (3)  Any person is exempt from obtaining  a  class  A,  B  or  C  driver's
 33    license  for the operation of commercial motor vehicles which are necessary to
 34    the preservation of life or property or the execution of emergency  governmen-
 35    tal  functions, are equipped with audible and visual signals, and are not sub-
 36    ject to normal traffic regulations.
 37        (4)  Any person is exempt from obtaining a class A,  B  or  C  license  to
 38    operate  a  commercial vehicle which is exclusively used to transport personal
 39    possessions or family members for nonbusiness or recreational purposes.
 40        (5)  A nonresident who is at least fifteen (15) years of age and  who  has
 41    in his immediate possession a valid driver's license issued to him in his home
 42    state or country may operate a motor vehicle in Idaho only as a class D opera-
 43    tor  with  driving privileges restricted to daylight hours only except as pro-
 44    vided in section 49-307(79), Idaho Code, and with full privileges  at  sixteen
 45    (16) years of age, and only if Idaho residency is not established.
 46        (6)  A  nonresident  who is at least fifteen (15) years of age and who has
 47    in his possession a valid driver's license with a  motorcycle  endorsement  or
 48    who has a valid motorcycle driver's license issued to him in his home state or
 49    country  may  operate a motorcycle in Idaho with driving privileges restricted
 50    to daylight hours only, and with full privileges at sixteen (16) years of age.
 51        (7)  A nonresident who has in his immediate possession a valid  commercial
 52    driver's  license  issued  to  him  in his home state or country may operate a
 53    motor vehicle in Idaho.
                                                                        
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  1        (8)  A nonresident on active duty in the armed forces of the United States
  2    who has a valid driver's license issued by his  home  jurisdiction,  and  such
  3    nonresident's  spouse  or  dependent  son or daughter who has a valid driver's
  4    license issued by such person's home jurisdiction.
  5        (9)  Any active duty military personnel, active duty U.S. coast guard per-
  6    sonnel, and members of the reserves and national guard on active duty  includ-
  7    ing personnel  on full-time national guard duty, personnel on part-time train-
  8    ing  and  national guard military technicians who as civilians are required to
  9    wear military uniforms and are subject to the code of  military  justice,  are
 10    exempt  from obtaining a commercial driver's license to operate military vehi-
 11    cles. This exemption does not apply to U.S. reserve technicians.
 12        (10) Any person with a valid driver's license  issued  in  their  name  is
 13    exempt  from the requirement to obtain a motorcycle endorsement on the license
 14    when operating a motorcycle on highways or sections of highways designated for
 15    unregistered motorcycle use under section 49-426(3), Idaho Code.
                                                                        
 16        SECTION 3.  That Section 49-303, Idaho Code, be, and the  same  is  hereby
 17    amended to read as follows:
                                                                        
 18        49-303.  WHAT  PERSONS  SHALL  NOT  BE  LICENSED. The department shall not
 19    issue any driver's license, any instruction permit,  privileges  or  right  to
 20    drive  and  if  issued,  may revoke or cancel the driver's license of a person
 21    who:
 22        (1)  As an operator of a vehicle requiring a class D driver's license,  is
 23    under  the age of seventeen (17) years, except that the department may issue a
 24    driver's license to any person who  has  successfully  completed  an  approved
 25    driver's  training  course, has completed the requirements of a class D super-
 26    vised instruction permit, and who is at least fifteen (15) years of age,  with
 27    driving  privileges  restricted  to  daylight hours only except as provided in
 28    section 49-307(79), Idaho Code, and with full privileges at sixteen (16) years
 29    of age. The restriction of daylight hours only shall mean that period of  time
 30    one-half  (1/2)  hour before sunrise to one-half (1/2) hour after sunset. If a
 31    person who is at least fifteen (15) years but is under seventeen (17) years of
 32    age has successfully completed an approved driver's training  course  and  has
 33    been  issued  a  driver's license in another state, he may be issued a class D
 34    driver's license in this state. Provided however,  that  a  restricted  school
 35    attendance  driving permit may be issued to those persons meeting the criteria
 36    set forth in section 49-307A, Idaho Code.
 37        (2)  As an operator of a vehicle requiring a class D driver's license,  is
 38    under  the  age  of seventeen (17) years and has not successfully completed an
 39    approved driver's training course and has not satisfied the requirements of  a
 40    class  D  supervised  instruction  permit. Provided however, that a restricted
 41    school attendance driving permit may be issued to those  persons  meeting  the
 42    criteria set forth in section 49-307A, Idaho Code.
 43        (3)  As  an  operator  of a commercial vehicle requiring a class A, B or C
 44    driver's license is under the age of eighteen (18) years.
 45        (4)  Applicants with less than one (1) year of driving experience, as evi-
 46    denced by a previous driver's license shall not be issued a class A,  B  or  C
 47    driver's license or a class A, B or C instruction permit.
 48        (5)  As  a  driver  has  had  his  license,  class  D  instruction permit,
 49    restricted school attendance driving permit, privileges or right to drive sus-
 50    pended for the duration of the suspension, nor to any person who has  had  his
 51    class D driver's training instruction permit or class D supervised instruction
 52    permit  canceled for the duration of the cancellation, nor to any person whose
 53    license has been revoked, suspended, canceled or disqualified by this state or
                                                                        
                                       5
                                                                        
  1    any other jurisdiction; provided however, where a driver's  license  has  been
  2    revoked,  suspended,  canceled  or disqualified in any other jurisdiction, and
  3    the driver has completed the period of revocation, suspension, cancellation or
  4    disqualification as specified by the jurisdiction,  that person may be granted
  5    a class D driver's license in this state if five (5) years have  elapsed  from
  6    the  time  of  eligibility  for  reinstatement in the other jurisdiction, even
  7    though the driver has not fulfilled the requirements for reinstatement in  the
  8    other jurisdiction.
  9        (6)  Is an habitual drunkard, or is addicted to the use of narcotic drugs.
 10        (7)  Has  previously  been adjudged to be afflicted with or suffering from
 11    any mental disability or disease and who has not at the  time  of  application
 12    been restored to competency by the methods provided by law.
 13        (8)  Is required by the provisions of this chapter to take an examination,
 14    unless that person shall have successfully passed such examination.
 15        (9)  May  be  required  under  any  law  of this state to furnish proof of
 16    financial responsibility and who has not furnished that proof.
 17        (10) The department has good cause to believe  that  the  operation  of  a
 18    motor vehicle on the highways by that person would be harmful to public safety
 19    or welfare.
 20        (11) Is disqualified for a class A, B or C driver's license, except he may
 21    be issued a class D driver's license.
 22        (12) Is  under  eighteen  (18) years of age and is not enrolled in school,
 23    has not received a waiver pursuant to  or  has  not  satisfactorily  completed
 24    school as provided in section 49-303A, Idaho Code.
 25        (13) Is not a resident of the state of Idaho.
                                                                        
 26        SECTION  4.  That  Section  49-305, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        49-305.  INSTRUCTION PERMITS -- TEMPORARY LICENSES --  TEMPORARY  DRIVER'S
 29    TRAINING  MOTORCYCLE  ENDORSEMENT  INSTRUCTION PERMIT. (1) Upon passage of the
 30    required knowledge tests appropriate  for  the  vehicle  being  operated,  the
 31    department  may  issue  a  class  A, B or C instruction permit for the type of
 32    vehicle(s) the person will be operating, or a class D instruction permit for a
 33    class D motor vehicle, entitling the applicant, while having the permit in his
 34    immediate possession, to drive a motor vehicle upon the highways for a  period
 35    of up to one hundred eighty (180) days or as provided in paragraph (b) of this
 36    subsection  (1)  for  certain class D instruction permits. That person must be
 37    accompanied by an adult driver eighteen (18) years of age or older who holds a
 38    valid driver's license appropriate for the vehicle being operated and  who  is
 39    actually occupying a seat beside the driver.
 40        (a)  Any person under the age of seventeen (17) years who has successfully
 41        completed  an  approved  driver's  training  course  and has satisfied the
 42        requirements of a class D supervised instruction permit, or any person who
 43        has reached the age of seventeen (17)  years  may  apply  for  a  class  D
 44        instruction permit. Any person applying for any class D instruction permit
 45        or driving privileges who is under the age of eighteen (18) years shall be
 46        in  compliance  with  school  attendance  requirements of section 49-303A,
 47        Idaho Code.
 48        (b)  If a person reaches the age of seventeen (17) years while operating a
 49        class D vehicle with a class D supervised  instruction  permit,  and  such
 50        class D supervised instruction permit becomes a class D instruction permit
 51        as  provided  in section 49-307, Idaho Code, then such class D instruction
 52        permit shall expire five (5) days after the permittee's eighteenth  birth-
 53        day.
                                                                        
                                       6
                                                                        
  1        (c)  Any  person  who  has reached the age of eighteen (18) years, holds a
  2        valid Idaho class D driver's license and has at  least  one  (1)  year  of
  3        driving experience, may apply for a class A, B or C instruction permit.
  4        (cd)  The  department  shall not issue a hazardous material endorsement on
  5        any instruction permit.
  6        (2)  The department may, at its discretion, issue a temporary class D dri-
  7    ver's license to an applicant for a class D driver's license permitting him to
  8    operate a motor vehicle while the department is completing  its  investigation
  9    and  determination of all facts relative to the applicant's right to receive a
 10    driver's license. The temporary license may be canceled  at  the  department's
 11    discretion  at  any  time after issuance. The temporary license must be in the
 12    applicant's immediate possession while operating a motor vehicle, and it shall
 13    be invalid when the applicant's driver's license has been issued or  for  good
 14    cause has been refused.
 15        (3)  If  an  applicant  for a class D driver's training instruction permit
 16    cannot provide a certified copy of his birth certificate at the time of appli-
 17    cation, the department may issue a  temporary  driver's  training  instruction
 18    permit  upon  receipt  of  both  a  photo identification and a letter from the
 19    school verifying the applicant's enrollment in a driver training  course.  The
 20    certified  copy  of  his  an  applicant's  birth certificate shall be required
 21    before a class D driver's license  or  class  D  instruction  permit  will  be
 22    issued.
 23        (4)  The  department may issue a motorcycle endorsement instruction permit
 24    to an applicant who has a valid driver's license and who has successfully com-
 25    pleted the motorcycle rider's knowledge test and paid  the  appropriate  fees.
 26    The  permit  entitles  the applicant, while having the permit in his immediate
 27    possession, to operate a motorcycle upon the highways  for  a  period  not  to
 28    exceed  one hundred eighty (180) days. If the permittee passes the skills test
 29    for a motorcycle endorsement within one hundred eighty (180) days of  issuance
 30    of  the motorcycle endorsement instruction permit, he shall not be required to
 31    pay the motorcycle endorsement fee. A person holding a motorcycle  instruction
 32    permit  shall  not carry any passenger while operating a motorcycle, shall not
 33    operate a motorcycle except during the hours of daylight only  and  shall  not
 34    operate a motorcycle upon any interstate highway system.
 35        A violation of the conditions of a motorcycle endorsement instruction per-
 36    mit  is  an  infraction. The department shall cancel the permit whether or not
 37    such violation results in conviction of the infraction.
                                                                        
 38        SECTION 5.  That Section 49-307, Idaho Code, be, and the  same  is  hereby
 39    amended to read as follows:
                                                                        
 40        49-307.  FEE  FOR  CLASS D DRIVER'S TRAINING INSTRUCTION PERMIT AND TEMPO-
 41    RARY PERMITS -- CLASS D SUPERVISED INSTRUCTION PERMIT  --  APPLICATION  FOR  A
 42    CLASS  D  DRIVER'S  LICENSE.  (1) No enrollee of any class D driver's training
 43    course shall be allowed to attend classes or participate in  driving  instruc-
 44    tion unless he has obtained a class D driver's training instruction permit, or
 45    a  class  D  instruction permit as provided in subsection (4) of this section.
 46    The class D driver's training instruction permit shall expire  five  (5)  days
 47    after the permittee's eighteenth birthday.
 48        (2)  Every  enrollee  of  a  class  D driver's training course in a public
 49    school shall pay a nonrefundable fee of thirty twenty-six  dollars  and  fifty
 50    cents   ($30.0026.50).   Twenty-five   Eighteen   dollars   and   fifty  cents
 51    ($25.0018.50) of each fee so imposed shall be deposited in the driver training
 52    account, three dollars  ($3.00)  shall  be  deposited  in  the  state  highway
 53    account,  and  five dollars ($5.00) will shall be deposited in the county cur-
                                                                        
                                       7
                                                                        
  1    rent expense fund.
  2        (2)  Every enrollee of a class D driver's training  course  offered  by  a
  3    commercial  business  shall  pay  a nonrefundable fee of ten dollars ($10.00).
  4    Five dollars ($5.00) of the fee so imposed shall be deposited  in  the  driver
  5    training  account  and  five  dollars ($5.00) shall be deposited in the county
  6    current expense fund.
  7        (3)  Each enrollee of a class D driver's training course shall provide the
  8    type of information required for a driver's license  or  instruction  permit.,
  9    but  the If an enrollee of a class D driver's training course cannot provide a
 10    certified copy of his birth certificate at the time of application for a  per-
 11    mit, the department may issue a temporary driver's training instruction permit
 12    or a temporary class D instruction permit upon receipt of both a photo identi-
 13    fication  and a letter from the school verifying the applicant's enrollment in
 14    a driver's training course. The certified copy of an applicant's birth certif-
 15    icate shall be required before a class D driver's license will be issued.
 16        (4)  The class D driver's training instruction permit is  available  to  a
 17    person aged fourteen and one-half (14 1/2) years up to seventeen (17) years of
 18    age. Persons aged seventeen (17) years or older may attend classes or partici-
 19    pate  in driver's training instruction while operating with a class D instruc-
 20    tion permit.
 21        (5)  The class D driver's training instruction permit shall be  issued  to
 22    the  instructor  of  the course. , and the class D driver training instruction
 23    permit shall expire one (1) year from the issue date. No enrollee of any class
 24    D driver training course shall be allowed to attend classes or participate  in
 25    driving  instruction  unless  he  has  obtained  a  class  D driver's training
 26    instruction permit The class D driver's training instruction permit  shall  be
 27    in  the  instructor's  immediate possession while the permittee is operating a
 28    vehicle during driving instruction.
 29        (6)  Class D supervised instruction permit.
 30        (4a)  Upon successful completion of the class D driver's training  course,
 31        the  driver's training instructor shall date and sign the class D driver's
 32        training instruction permit over to the parent or legal  guardian  of  the
 33        permittee,  and  the parent or legal guardian shall also date and sign the
 34        class D driver's training instruction permit and in  so  doing  agrees  to
 35        assume  responsibility  for  ensuring that the permittee complies with the
 36        requirements of operating a vehicle with a class D supervised  instruction
 37        permit.  The signed and dated class D driver's training instruction permit
 38        shall then serve as a class D supervised instruction permit.
 39        (b)  In the event the permittee reaches the age of  seventeen  (17)  years
 40        while  operating  a  class D vehicle with a class D supervised instruction
 41        permit, the supervised instruction permit shall become a class D  instruc-
 42        tion  permit,  and  such  class D instruction permit shall expire five (5)
 43        days after the permittee's eighteenth birthday.
 44        (57)  No permittee may apply for a class D driver's  license  sooner  than
 45    fifteen  (15) years of age and no sooner than four (4) months after completing
 46    a class D driver's training course, during which time the permittee shall sat-
 47    isfy all requirements for operation of a class D vehicle with a class D super-
 48    vised instruction permit as follows:
 49        (a)  The permittee shall not operate a vehicle unless he is accompanied by
 50        a driver who holds a valid driver's license, is twenty-one (21)  years  of
 51        age  or  older,  and who is actually occupying a seat beside the permittee
 52        driver. The supervising driver and the permittee shall be the  only  occu-
 53        pants of the front passenger section of the vehicle.
 54        (b)  Over  a  period of time not less than four (4) months, tThe permittee
 55        shall accumulate at least fifty (50) hours of supervised driving time, ten
                                                                        
                                       8
                                                                        
  1        (10) hours of which shall be during hours of darkness.
  2        (c)  The permit shall be in the permittee's immediate  possession  at  all
  3        times while operating a vehicle.
  4        (d)  In  addition  to the permittee driver and the supervising driver, all
  5        other occupants of the vehicle shall wear a seat belt or be restrained  by
  6        child passenger restraints as required by law.
  7        (e)  The  permittee  is  subject to the provisions of sections 18-1502 and
  8        18-8004, Idaho Code, relating to violation of age restrictions on consump-
  9        tion of beer, wine, and alcohol and driving under the influence  of  alco-
 10        hol, drugs or any other intoxicating substances, respectively.
 11        (f)  The  permittee  shall  not  have been convicted of any moving traffic
 12        violation, or have had driving privileges suspended by the  department  or
 13        the  court  for  any  offense,  or  found to be in violation of any of the
 14        restrictions on the class D supervised instruction permit, for a period of
 15        at least four (4) months from the date the  driver's  training  instructor
 16        signed the permit over to the parent or legal guardian, or from the date a
 17        canceled  class D supervised instruction permit was reissued, or until the
 18        permittee reaches seventeen (17) years of age.
 19        (g)  If the permittee is under seventeen (17) years of  age  and  is  con-
 20        victed  of a violation of any traffic law, or section 18-1502, Idaho Code,
 21        or section 18-8004, Idaho Code, or is found to be in violation of  any  of
 22        the restrictions on the class D supervised instruction permit, the depart-
 23        ment  shall cancel the class D supervised instruction permit, and the can-
 24        cellation shall not be used to establish rates of motor vehicle  insurance
 25        charged  by  a casualty insurer. If tThe permittee is under seventeen (17)
 26        years of age, he may reapply for and be issued a new  class  D  supervised
 27        instruction  permit  upon payment of the appropriate fees, and shall again
 28        be required to operate with the class D supervised instruction permit  for
 29        at  least four (4) months from the date of reissue without a conviction or
 30        suspension, accumulate the required hours of driving time  and  adhere  to
 31        the  requirements  as specified in paragraphs (a) through (f) of this sub-
 32        section (57).
 33        (68)  Upon completion of the requirements in subsection (57) of this  sec-
 34    tion, the permittee shall take the knowledge test and skills test administered
 35    by  a  person  certified  by the Idaho transportation department to administer
 36    knowledge and skills tests.
 37        (79)  Upon passage of the knowledge and skills tests,  the  permittee  may
 38    apply  for  a  class  D driver's license with driving privileges restricted to
 39    daylight hours for persons under sixteen (16) years  of  age,  and  with  full
 40    privileges  at  sixteen  (16)  years  of  age  or older. Provided however, the
 41    restriction on daylight hours only driving privileges for persons  under  six-
 42    teen (16) years of age shall not apply if:
 43        (a)  The  person  under sixteen (16) years of age has a valid class D dri-
 44        ver's license; and
 45        (b)  Is accompanied by a driver who holds a valid driver's license and  is
 46        twenty-one  (21)  years  of  age or older and is actually occupying a seat
 47        beside the licensee who is under sixteen (16) years of age; and
 48        (c)  The two (2) licensed drivers are the only occupants of the front pas-
 49        senger section of the vehicle.
 50    The restriction of daylight hours only shall mean that period of time one-half
 51    (1/2) hour before sunrise to one-half (1/2) hour after sunset.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE
 
                        RS 16554C2

This legislation (1) makes obtaining a driver’s training permit 
a convenient, one-stop, one-time effort for parents and 
students; (2) eliminates the problem of different permits being 
required for different choices in driver’s training programs by 
allowing interchangeability between public and private driver 
training schools; (3) eliminates different permits altogether 
and alleviates the problem of parents or students purchasing the 
wrong permit, for which fees are non-refundable per Idaho Code; 
(4) provides funding for a durable digitized photo driver’s 
training permit in a special format on a card like a driver’s 
license; (5) provides clarification that the class D driver’s 
training permit must be in the instructor’s immediate possession 
while the permittee is operating a vehicle during driving 
instruction; (6) provides clarification that driver training 
instruction permits are issued to people age 14 ½ but less than 
age 17; and (7) changes the expiration date for a driver 
training instruction permit from one year, or age 17, whichever 
comes first, to age 18 – essentially making the permit valid for 
as long as 3 ½ years. 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.



                        FISCAL NOTE

Currently, based on a volume of 13,300 public school driver’s 
education permits @ $30 and 6,670 commercial permits @ $10, the 
annual revenue from these programs is approximately $466,600. 
Under this proposal, 20,000 permits @ $26.50 would raise 
revenues of $530,000 – an increase of $63,400. $60,000 of this 
amount would go to the State Highway Account to cover the cost 
of issuing a plastic digitized photo card and the remaining 
$3,400 would go to the drivers training account. The $60,000 
would cover the cost of issuing the digitized photo cards for 
the foreseeable future. 

With the clarification that driver training students who are age 
17 or older will purchase instruction permits instead of driver 
training instruction permits, the driver training account may 
experience a small decrease; $2.60 of the $11.50 fee for an 
instruction permit will be directed to the driver training 
account instead of $18.50. It is estimated that less than five 
percent of the students who enroll in a full driver training 
course are age 17 or older.

COSTS

ITD ONE-TIME PROGRAMMING COSTS ($71 per hour):
Fee and expiration date changes
(approx. 40 hours):                             $  2,800
Develop a digitized instruction permit
(approx. 80 hours):                                5,700

TOTAL ONE-TIME COSTS:                           $  8,500


ITD ONGOING 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
Driver training permit for public driving 
school students:                                      $  -0-  


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






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

STATEMENT OF PURPOSE/FISCAL NOTE	                  S 1110