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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
]]]] 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-
3
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.
4
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
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