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S1119.....................................................by TRANSPORTATION
DRIVER'S LICENSES - INSTRUCTION PERMITS - Amends existing law to revise the
requirements of a class D supervised instruction permit; to increase the
minimum time required of a permittee to operate a vehicle with a supervised
instruction permit; to provide for cancellation of a class D supervised
instruction permit upon a violation of state underage consumption law; to
limit the number of passengers allowed in a vehicle operated by a driver
with a class D driver's license who is under the age of seventeen years;
and to provide an exception.
02/09 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 31-4-0
AYES -- Andreason, Bastian, Bilyeu, Broadsword, Burkett, Cameron,
Coiner, Corder, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich,
Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Stegner,
Stennett, Werk
NAYS -- Bair, Darrington, Davis, Siddoway
Absent and excused -- None
Floor Sponsor - Hammond
Title apvd - to House
03/05 House intro - 1st rdg - to Transp
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 55-12-3
AYES -- Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz,
Brackett, Bradford, Chadderdon, Chew, Clark, Collins, Crane, Durst,
Edmunson, Hagedorn, Hart, Henbest, Henderson, Jaquet, Killen, King,
Kren, Labrador, LeFavour, Loertscher, Luker, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shively, Smith(30), Smith(24), Snodgrass, Wills, Wood(27), Wood(35),
Mr. Speaker
NAYS -- Anderson, Andrus, Barrett, Eskridge, Lake, Marriott,
Raybould, Shepherd(8), Shirley, Stevenson, Thayn, Vander Woude
Absent and excused -- Chavez, Harwood, Trail
Floor Sponsor - Hagedorn
Title apvd - to Senate
03/20 To enrol
03/21 Rpt enrol - Pres signed - Sp signed
03/22 To Governor
03/28 Governor signed
Session Law Chapter 249
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1119
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO CLASS D DRIVER'S LICENSE AND INSTRUCTION PERMITS; AMENDING SECTION
3 49-110, IDAHO CODE, TO REVISE THE REQUIREMENTS OF A CLASS D SUPERVISED
4 INSTRUCTION PERMIT AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SEC-
5 TION 49-307, IDAHO CODE, TO INCREASE THE MINIMUM TIME REQUIRED OF A PER-
6 MITTEE TO OPERATE A VEHICLE WITH A SUPERVISED INSTRUCTION PERMIT, TO PRO-
7 VIDE FOR CANCELLATION OF A CLASS D SUPERVISED INSTRUCTION PERMIT UPON
8 VIOLATION OF STATE UNDERAGE CONSUMPTION LAW, TO LIMIT THE NUMBER OF PAS-
9 SENGERS ALLOWED IN A VEHICLE OPERATED BY A DRIVER WITH A CLASS D DRIVER'S
10 LICENSE WHO IS UNDER THE AGE OF SEVENTEEN YEARS, TO PROVIDE AN EXCEPTION
11 AND TO MAKE TECHNICAL CORRECTIONS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 49-110, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 49-110. DEFINITIONS -- I.
16 (1) "Identifying number" means:
17 (a) Motor number. That identifying number stamped on the engine of a
18 vehicle.
19 (b) Vehicle identification number. The numbers and letters, if any,
20 placed on a vehicle by the manufacturer for the purpose of identifying the
21 vehicle.
22 (2) "Implements of husbandry" means every vehicle including self-pro-
23 pelled units, designed or adapted and used exclusively in agricultural, horti-
24 cultural, dairy and livestock growing and feeding operations when being inci-
25 dentally operated. Such implements include, but are not limited to, combines,
26 discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers,
27 harvesting and stacking equipment, pesticide applicators, plows, swathers,
28 mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or
29 drawing any implement of husbandry shall be construed to be an implement of
30 husbandry. "Implements of husbandry" do not include semitrailers, nor do they
31 include motor vehicles or trailers, unless their design limits their use to
32 agricultural, horticultural, dairy or livestock growing and feeding opera-
33 tions.
34 (3) "Incidentally operated" means the transport of the implement of hus-
35 bandry from one (1) farm operation to another.
36 (4) "Individual record" means a record containing personal information
37 about a designated person who is the subject of the record as identified in a
38 request for information.
39 (5) "Infraction" means a civil public offense, not constituting a crime,
40 which is not punishable by incarceration and for which there is no right to a
41 trial by jury or right to court-appointed counsel, and which is punishable by
42 only a penalty not exceeding one hundred dollars ($100) and no imprisonment.
43 (6) "Instruction permits":
2
1 (a) "Class A, B or C instruction permit" means a temporary privilege to
2 operate a motor vehicle for which a commercial driver's license is
3 required; is available only to a person who is eighteen (18) years of age
4 or older; is issued pursuant to the provisions of section 49-305, Idaho
5 Code; and the permittee is subject to the conditions specified therein.
6 (b) "Class D driver's training instruction permit" means a temporary
7 privilege to operate a class D motor vehicle while attending classes as an
8 enrollee of a public or private driver's training course only; is avail-
9 able to a person aged fourteen and one-half (14 1/2) years; is issued to
10 the instructor of the driver's training course; expires one (1) year
11 from the date of issue; is issued pursuant to the provisions of section
12 49-307, Idaho Code; and the permittee is subject to the conditions speci-
13 fied therein.
14 (c) "Class D instruction permit" means a temporary privilege to operate a
15 class D motor vehicle which is available to a person under the age of sev-
16 enteen (17) years who has successfully completed an approved driver's
17 training course and has satisfied the requirements of a class D supervised
18 instruction permit, or to any person seventeen (17) years of age or older;
19 is valid for a period of one hundred eighty (180) days; privileges are
20 limited to driving with a person who is at least eighteen (18) years of
21 age who holds a valid class D driver's license and is actually occupying a
22 seat beside the permittee; is issued pursuant to the provisions of section
23 49-305, Idaho Code; and the permittee is subject to the conditions speci-
24 fied therein.
25 (d) "Class D supervised instruction permit" means a temporary privilege
26 to operate a class D motor vehicle which is available to a person who is
27 at least fourteen and one-half (14 1/2) years of age who has successfully
28 completed an approved driver's training course, and is valid for a minimum
29 of four six (46) months. No person may apply for a class D driver's
30 license until he has attained the age of at least fifteen (15) years and
31 has successfully satisfied the requirements of this permit, as specified
32 and issued pursuant to the provisions of section 49-307, Idaho Code.
33 (7) "Instructor" means any person, whether acting for himself as operator
34 of a commercial driver training school or for such a school for compensation,
35 who teaches, conducts classes of, gives demonstrations to, or supervises prac-
36 tice of, persons learning to operate or drive motor vehicles.
37 (8) "Insurer" means any insurer, public or private, which shall include,
38 but not be limited to, insurance companies domiciled in the state of Idaho,
39 agents, adjuster or any other person acting on behalf of any insurance not
40 domiciled in the state of Idaho and any self-insured entity operating under
41 Idaho insurance laws or rules.
42 (9) "International registration plan" means a registration reciprocity
43 agreement among the states of the United States and provinces of Canada pro-
44 viding for payment of registration and licensing fees on a proportional basis
45 determined by the fleet miles operated in the various jurisdictions.
46 (910) "Intersection" means:
47 (a) The area embraced within the prolongation or connection of the lat-
48 eral curb lines, or, if none, then the lateral boundary lines of the road-
49 ways of two (2) highways which join one another at, or approximately at,
50 right angles, or the area within which vehicles traveling upon different
51 highways joining at any other angle may come in conflict.
52 (b) Where a highway includes two (2) roadways thirty (30) feet or more
53 apart, then every crossing of each roadway of the divided highway by an
54 intersecting highway shall be regarded as a separate intersection. In the
55 event an intersecting highway also includes two (2) roadways thirty (30)
3
1 feet or more apart, then every crossing of two (2) roadways of the high-
2 ways shall be regarded as a separate intersection.
3 (c) The junction of an alley with a street or highway shall not consti-
4 tute an intersection.
5 SECTION 2. That Section 49-307, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 49-307. FEE FOR CLASS D DRIVER'S TRAINING INSTRUCTION PERMIT -- CLASS D
8 SUPERVISED INSTRUCTION PERMIT -- RESTRICTIONS ON CLASS D DRIVER'S LICENSE. (1)
9 Every enrollee of a class D driver's training course in a public school shall
10 pay a nonrefundable fee of thirty dollars ($30.00). Twenty-five dollars
11 ($25.00) of each fee so imposed shall be deposited in the driver training
12 account and five dollars ($5.00) will be deposited in the county current
13 expense fund.
14 (2) Every enrollee of a class D driver's training course offered by a
15 commercial business shall pay a nonrefundable fee of ten dollars ($10.00).
16 Five dollars ($5.00) of the fee so imposed shall be deposited in the driver
17 training account and five dollars ($5.00) shall be deposited in the county
18 current expense fund.
19 (3) Each enrollee of a class D driver's training course shall provide the
20 type of information required for a driver's license or instruction permit, but
21 the class D driver's training instruction permit shall be issued to the
22 instructor of the course, and the class D driver's training instruction permit
23 shall expire one (1) year from the issue date. No enrollee of any class D
24 driver's 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.
27 (4) Upon successful completion of the class D driver's training course,
28 the driver's training instructor shall date and sign the class D driver's
29 training instruction permit over to the parent or legal guardian of the per-
30 mittee, and the parent or legal guardian shall also date and sign the class D
31 driver's training permit and in so doing agrees to assume responsibility for
32 ensuring that the permittee complies with the requirements of operating a
33 vehicle with a class D supervised instruction permit. The signed and dated
34 class D driver's training instruction permit shall then serve as a class D
35 supervised instruction permit.
36 (5) No permittee may apply for a class D driver's license sooner than
37 fifteen (15) years of age and no sooner than four six (46) months after com-
38 pleting a class D driver's training course, during which time the permittee
39 shall satisfy all requirements for operation of a class D vehicle with a class
40 D supervised instruction permit as follows:
41 (a) The permittee shall not operate a vehicle unless he is accompanied by
42 a driver who holds a valid driver's license, is twenty-one (21) years of
43 age or older, and who is actually occupying a seat beside the permittee
44 driver. The supervising driver and the permittee shall be the only occu-
45 pants of the front passenger section of the vehicle.
46 (b) The permittee shall accumulate at least fifty (50) hours of super-
47 vised driving time, ten (10) hours of which shall be during hours of dark-
48 ness.
49 (c) The permit shall be in the permittee's immediate possession at all
50 times while operating a vehicle.
51 (d) In addition to the permittee driver and the supervising driver, all
52 other occupants of the vehicle shall wear a seat belt or be restrained by
53 child passenger restraints as required by law.
4
1 (e) The permittee is subject to the provisions of sections 18-1502 and
2 18-8004, Idaho Code, relating to violation of age restrictions on consump-
3 tion of beer, wine, and alcohol and driving under the influence of alco-
4 hol, drugs or any other intoxicating substances, respectively.
5 (f) The permittee shall not have been convicted of any moving traffic
6 violation, or have had driving privileges suspended by the department or
7 the court for any offense, or found to be in violation of any of the
8 restrictions on the class D supervised instruction permit, for a period of
9 at least four six (46) months from the date the driver's training
10 instructor signed the permit over to the parent or legal guardian, or from
11 the date a canceled class D supervised instruction permit was reissued, or
12 until the permittee reaches seventeen (17) years of age.
13 (g) If the permittee is convicted of a violation of any traffic law, or
14 section 18-1502, Idaho Code, or section 18-8004, Idaho Code, or section
15 23-949, Idaho Code, or is found to be in violation of any of the restric-
16 tions on the class D supervised instruction permit, the department shall
17 cancel the class D supervised instruction permit, and the cancellation
18 shall not be used to establish rates of motor vehicle insurance charged by
19 a casualty insurer. The permittee may reapply for and be issued a new
20 class D supervised instruction permit upon payment of the appropriate
21 fees, and shall again be required to operate with the class D supervised
22 instruction permit for at least four six (46) months from the date of
23 reissue without a conviction or suspension, accumulate the required hours
24 of driving time and adhere to the requirements as specified in paragraphs
25 (a) through (f) of this subsection (5).
26 (6) Upon completion of the requirements in subsection (5) of this sec-
27 tion, the permittee shall take the knowledge test and skills test administered
28 by a person certified by the Idaho transportation department to administer
29 knowledge and skills tests.
30 (7) Upon passage of the knowledge and skills tests, the permittee may
31 apply for a class D driver's license with driving privileges restricted to
32 daylight hours for persons under sixteen (16) years of age, and with full
33 privileges at sixteen (16) years of age or older. Provided however, the
34 restriction on daylight hours only driving privileges for persons under six-
35 teen (16) years of age shall not apply if:
36 (a) The person under sixteen (16) years of age has a valid class D dri-
37 ver's license; and
38 (b) Is accompanied by a driver who holds a valid driver's license and is
39 twenty-one (21) years of age or older and is actually occupying a seat
40 beside the licensee who is under sixteen (16) years of age; and
41 (c) The two (2) licensed drivers are the only occupants of the front pas-
42 senger section of the vehicle.
43 The restriction of daylight hours only shall mean that period of time one-half
44 (1/2) hour before sunrise to one-half (1/2) hour after sunset.
45 (8) Upon passage of the knowledge and skills tests, the permittee may
46 apply for a class D driver's license. Any such licensee who is under the age
47 of seventeen (17) years shall be required, during the first six (6) months
48 from the date of issue of the class D driver's license, to limit the number of
49 passengers in the vehicle who are under the age of seventeen (17) years to not
50 more than one (1) such passenger. Provided however, the limit of one (1) pas-
51 senger under the age of seventeen (17) years shall not apply to passengers who
52 are related to the driver by blood, adoption or marriage.
STATEMENT OF PURPOSE
RS 16890
The purpose of this legislation is to strengthen Idaho's graduated
driver licensing law (GDL) for novice drivers. Idaho's law was enacted
in 2000 and became effective in 2001. All 50 states have enacted such
laws in the past decade to give novice drivers more time behind the wheel
in safer environments so they may gain confidence, skill, and judgment in
the process of learning to drive. Despite a 5.6% decrease in serious
injury and fatal collisions during the first four years following passage
of Idaho's law, Idaho teen drivers' ages 15-19 are still over represented in
fatalities, injuries, DUI arrests and aggressive driving collisions. Though
Idaho teen drivers' ages 15 to 17 represent just 3.3% of all licensed
drivers, they accounted for 8.5% of all fatal and injury crashes in 2005.
Evidence suggests those states with stronger GDL provisions reduce teen crash
involvements by limiting risks during the first years of learning to drive.
This legislation extends the four-month period of the Supervised Instruction
Permit to six months, to allow teens a more realistic time period to complete
the 50-hours of practice now required. It adds a provision limiting the number
of passengers for the first six months after a youthful driver is licensed, if the
driver is under age 17 when the license is received, and includes a technical
provision to assure that cancellation of a permit occurs upon violation underage
alcohol consumption.
FISCAL IMPACT
There is no fiscal impact to the General Fund. It is expected that this legislation
would reduce the number of serious injury and fatal collisions, which would lessen
associated crash costs.
Costs to the Idaho Transportation Department:
Programming - $2900 Postage - $4000
Manuals - Revisions to the driver's manual are scheduled in June. The GDL changes
could be included with the others for no additional cost. Inserts will need to be
printed for the Spanish manuals at a cost of approximately $600.
Web Maintenance - The cost to update the online manual and young driver page is
minimal.
Contact
Name: Senator James Hammond
Phone: 208-332-1000 or 208-332-1332
Co-sponsor: Senator Michael Jorgenson
208-332-1000 or 208-332-1332
STATEMENT OF PURPOSE/FISCAL IMPACT S 1119