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S1442......................................................by STATE AFFAIRS
DRIVERS - INSTRUCTION PERMITS - Amends existing law to revise the
definition of "Class D Driver's Training Instruction Permit" and "Class D
Instruction Permit"; to provide an expiration date for certain class D
instruction permits; to specify age and other qualifications for obtaining
a permit; to delete reference to application for a class D driver's
training instruction permit; to provide conditions for issuance and
expiration of class D driver's training instruction and class D instruction
permits; to revise the fee for all driver's training instruction permits
and to revise the distribution of fees; to provide for issuance of
temporary permits; to specify a condition under which a class D supervised
instruction permit becomes a class D instruction permit and to provide for
expiration of such instruction permit; and to clarify the requirements for
operating a class D vehicle with a class D supervised instruction permit.
02/26 Senate intro - 1st rdg - to printing
02/27 Rpt prt - to Transp
02/29 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - President Pro Tempore Geddes
Title apvd - to House
03/05 House intro - 1st rdg - to Transp
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 49-15-6
AYES -- Anderson, Barrett, Bayer, Bedke, Black, Block, Bowers,
Brackett, Bradford, Chadderdon, Chew, Collins, Crane, Eskridge,
Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King,
Kren, Labrador, Loertscher, Luker, Marriott, Mathews, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Roberts, Ruchti,
Sayler, Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Andrus, Bell, Bock, Boe, Bolz, Chavez, Durst, LeFavour,
Raybould, Ringo, Rusche, Smith(30), Snodgrass, Stevenson, Trail
Absent and excused -- Bilbao, Clark, Lake, McGeachin, Patrick,
Schaefer
Floor Sponsor - Nonini
Title apvd - to Senate
03/14 To enrol
03/17 Rpt enrol - Pres signed - Sp signed
03/18 To Governor
03/18 Governor signed
Session Law Chapter 194
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1442 BY STATE AFFAIRS 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"; AMENDING SECTION 49-302, IDAHO 5 CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 49-303, IDAHO 6 CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL CORREC- 7 TIONS; AMENDING SECTION 49-305, IDAHO CODE, TO PROVIDE AN EXPIRATION DATE 8 FOR CERTAIN CLASS D INSTRUCTION PERMITS, TO PROVIDE CORRECT TERMINOLOGY, 9 TO SPECIFY AGE AND OTHER QUALIFICATIONS FOR OBTAINING A PERMIT AND TO 10 DELETE REFERENCE TO APPLICATION FOR A CLASS D DRIVER'S TRAINING INSTRUC- 11 TION PERMIT; AND AMENDING SECTION 49-307, IDAHO CODE, TO PROVIDE CONDI- 12 TIONS FOR ISSUANCE AND EXPIRATION OF CLASS D DRIVER'S TRAINING INSTRUCTION 13 AND CLASS D INSTRUCTION PERMITS, TO REVISE THE FEE FOR ALL DRIVER'S TRAIN- 14 ING INSTRUCTION PERMITS AND TO REVISE THE DISTRIBUTION OF FEES, TO PROVIDE 15 FOR ISSUANCE OF TEMPORARY PERMITS, TO SPECIFY A CONDITION UNDER WHICH A 16 CLASS D SUPERVISED INSTRUCTION PERMIT BECOMES A CLASS D INSTRUCTION PERMIT 17 AND TO PROVIDE FOR EXPIRATION OF SUCH INSTRUCTION PERMIT, TO CLARIFY THE 18 REQUIREMENTS FOR OPERATING A CLASS D VEHICLE WITH A CLASS D SUPERVISED 19 INSTRUCTION PERMIT AND TO MAKE TECHNICAL CORRECTIONS. 20 Be It Enacted by the Legislature of the State of Idaho: 21 SECTION 1. That Section 49-110, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 49-110. DEFINITIONS -- I. 24 (1) "Identifying number" means: 25 (a) Motor number. That identifying number stamped on the engine of a 26 vehicle. 27 (b) Vehicle identification number. The numbers and letters, if any, 28 placed on a vehicle by the manufacturer for the purpose of identifying the 29 vehicle. 30 (2) "Implements of husbandry" means every vehicle including self-pro- 31 pelled units, designed or adapted and used exclusively in agricultural, horti- 32 cultural, dairy and livestock growing and feeding operations when being inci- 33 dentally operated. Such implements include, but are not limited to, combines, 34 discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers, 35 harvesting and stacking equipment, pesticide applicators, plows, swathers, 36 mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or 37 drawing any implement of husbandry shall be construed to be an implement of 38 husbandry. "Implements of husbandry" do not include semitrailers, nor do they 39 include motor vehicles or trailers, unless their design limits their use to 40 agricultural, horticultural, dairy or livestock growing and feeding opera- 41 tions. 42 (3) "Incidentally operated" means the transport of the implement of hus- 43 bandry from one (1) farm operation to another. 2 1 (4) "Individual record" means a record containing personal information 2 about a designated person who is the subject of the record as identified in a 3 request for information. 4 (5) "Infraction" means a civil public offense, not constituting a crime, 5 which is not punishable by incarceration and for which there is no right to a 6 trial by jury or right to court-appointed counsel, and which is punishable by 7 only a penalty not exceeding one hundred dollars ($100) and no imprisonment. 8 (6) "Instruction permits": 9 (a) "Class A, B or C instruction permit" means a temporary privilege to 10 operate a motor vehicle for which a commercial driver's license is 11 required; is available only to a person who is eighteen (18) years of age 12 or older; is issued pursuant to the provisions of section 49-305, Idaho 13 Code; and the permittee is subject to the conditions specified therein. 14 (b) "Class D driver's training instruction permit" means a temporary 15 privilege to operate a class D motor vehicle while attending classes as an 16 enrollee of a public or private driver's training course only; is avail- 17 able to a person aged fourteen and one-half (14 1/2) up to age seventeen 18 (17) years; is issued to the instructor of the driver's training course; 19expires one (1) year from the date of issue;is issued and expires pursu- 20 ant to the provisions of section 49-307, Idaho Code; and the permittee is 21 subject to the conditions specifiedthereinin section 49-307, Idaho Code. 22 (c) "Class D instruction permit" means a temporary privilege to operate a 23 class D motor vehicle which is available to a person under the age of sev- 24 enteen (17) years who has successfully completed an approved driver's 25 training course and has satisfied the requirements of a class D supervised 26 instruction permit, or to any person seventeen (17) years of age or older; 27 is valid for a period of one hundred eighty (180) days or as provided in 28 section 49-305, Idaho Code, if applicable; privileges are limited to driv- 29 ing with a person who is at least eighteen (18) years of age who holds a 30 valid class D driver's license and is actually occupying a seat beside the 31 permittee; is issued pursuant to the provisions of section 49-305, Idaho 32 Code; and the permittee is subject to the conditions specifiedthereinin 33 section 49-305, Idaho Code. 34 (d) "Class D supervised instruction permit" means a temporary privilege 35 to operate a class D motor vehicle which is available to a person who is 36 at least fourteen and one-half (14 1/2) years of age who has successfully 37 completed an approved driver's training course, and is valid for a minimum 38 of six (6) months. No person may apply for a class D driver's license 39 until he has attained the age of at least fifteen (15) years and has suc- 40 cessfully satisfied the requirements of this permit, as specified and 41 issued pursuant to the provisions of section 49-307, Idaho Code. 42 (7) "Instructor" means any person, whether acting for himself as operator 43 of a commercial driver training school or for such a school for compensation, 44 who teaches, conducts classes of, gives demonstrations to, or supervises prac- 45 tice of, persons learning to operate or drive motor vehicles. 46 (8) "Insurer" means any insurer, public or private, which shall include, 47 but not be limited to, insurance companies domiciled in the state of Idaho, 48 agents, adjuster or any other person acting on behalf of any insurance not 49 domiciled in the state of Idaho and any self-insured entity operating under 50 Idaho insurance laws or rules. 51 (9) "International registration plan" means a registration reciprocity 52 agreement among the states of the United States and provinces of Canada pro- 53 viding for payment of registration and licensing fees on a proportional basis 54 determined by the fleet miles operated in the various jurisdictions. 55 (10) "Intersection" means: 3 1 (a) The area embraced within the prolongation or connection of the lat- 2 eral curb lines, or, if none, then the lateral boundary lines of the road- 3 ways of two (2) highways which join one another at, or approximately at, 4 right angles, or the area within which vehicles traveling upon different 5 highways joining at any other angle may come in conflict. 6 (b) Where a highway includes two (2) roadways thirty (30) feet or more 7 apart, then every crossing of each roadway of the divided highway by an 8 intersecting highway shall be regarded as a separate intersection. In the 9 event an intersecting highway also includes two (2) roadways thirty (30) 10 feet or more apart, then every crossing of two (2) roadways of the high- 11 ways shall be regarded as a separate intersection. 12 (c) The junction of an alley with a street or highway shall not consti- 13 tute an intersection. 14 SECTION 2. That Section 49-302, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 49-302. WHAT PERSONS ARE EXEMPT FROM LICENSE. The following persons are 17 exempt from licensing if driving privileges are not suspended, canceled, 18 revoked, disqualified, denied or refused: 19 (1) Any person while driving or operating any farm tractor or implement 20 of husbandry when incidentally operated on a highway. 21 (2) Farmers are exempt from obtaining a class A, B or C driver's license 22 to operate a commercial motor vehicle which is: 23 (a) Controlled and operated by a farmer, including operation by employees 24 or family members; and 25 (b) Used to transport either agricultural products, farm machinery, farm 26 supplies, or both, to or from a farm; and 27 (c) Not used in the operations of a common or contract motor carrier; and 28 (d) Used within one hundred fifty (150) miles of the person's farm. 29 (3) Any person is exempt from obtaining a class A, B or C driver's 30 license for the operation of commercial motor vehicles which are necessary to 31 the preservation of life or property or the execution of emergency governmen- 32 tal functions, are equipped with audible and visual signals, and are not sub- 33 ject to normal traffic regulations. 34 (4) Any person is exempt from obtaining a class A, B or C license to 35 operate a commercial vehicle which is exclusively used to transport personal 36 possessions or family members for nonbusiness or recreational purposes. 37 (5) A nonresident who is at least fifteen (15) years of age and who has 38 in his immediate possession a valid driver's license issued to him in his home 39 state or country may operate a motor vehicle in Idaho only as a class D opera- 40 tor with driving privileges restricted to daylight hours only except as pro- 41 vided in section 49-307(79), Idaho Code, and with full privileges at sixteen 42 (16) years of age, and only if Idaho residency is not established. 43 (6) A nonresident who is at least fifteen (15) years of age and who has 44 in his possession a valid driver's license with a motorcycle endorsement or 45 who has a valid motorcycle driver's license issued to him in his home state or 46 country may operate a motorcycle in Idaho with driving privileges restricted 47 to daylight hours only, and with full privileges at sixteen (16) years of age. 48 (7) A nonresident who has in his immediate possession a valid commercial 49 driver's license issued to him in his home state or country may operate a 50 motor vehicle in Idaho. 51 (8) A nonresident on active duty in the armed forces of the United States 52 who has a valid driver's license issued by his home jurisdiction, and such 53 nonresident's spouse or dependent son or daughter who has a valid driver's 4 1 license issued by such person's home jurisdiction. 2 (9) Any active duty military personnel, active duty U.S. coast guard per- 3 sonnel, and members of the reserves and national guard on active duty includ- 4 ing personnel on full-time national guard duty, personnel on part-time train- 5 ing and national guard military technicians who as civilians are required to 6 wear military uniforms and are subject to the code of military justice, are 7 exempt from obtaining a commercial driver's license to operate military vehi- 8 cles. This exemption does not apply to U.S. reserve technicians. 9 (10) Any person with a valid driver's license issued in their name is 10 exempt from the requirement to obtain a motorcycle endorsement on the license 11 when operating a motorcycle on highways or sections of highways designated for 12 unregistered motorcycle use under section 49-426(3), Idaho Code. 13 SECTION 3. That Section 49-303, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 49-303. WHAT PERSONS SHALL NOT BE LICENSED. The department shall not 16 issue any driver's license, any instruction permit, privileges or right to 17 drive and if issued, may revoke or cancel the driver's license of a person 18 who: 19 (1) As an operator of a vehicle requiring a class D driver's license, is 20 under the age of seventeen (17) years, except that the department may issue a 21 driver's license to any person who has successfully completed an approved 22 driver's training course, has completed the requirements of a class D super- 23 vised instruction permit, and who is at least fifteen (15) years of age, with 24 driving privileges restricted to daylight hours only except as provided in 25 section 49-307(79), Idaho Code, and with full privileges at sixteen (16) years 26 of age. The restriction of daylight hours only shall mean that period of time 27 one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset. If a 28 person who is at least fifteen (15) years but is under seventeen (17) years of 29 age has successfully completed an approved driver's training course and has 30 been issued a driver's license in another state, he may be issued a class D 31 driver's license in this state. Provided however, that a restricted school 32 attendance driving permit may be issued to those persons meeting the criteria 33 set forth in section 49-307A, Idaho Code. 34 (2) As an operator of a vehicle requiring a class D driver's license, is 35 under the age of seventeen (17) years and has not successfully completed an 36 approved driver's training course and has not satisfied the requirements of a 37 class D supervised instruction permit. Provided however, that a restricted 38 school attendance driving permit may be issued to those persons meeting the 39 criteria set forth in section 49-307A, Idaho Code. 40 (3) As an operator of a commercial vehicle requiring a class A, B or C 41 driver's license is under the age of eighteen (18) years. 42 (4) Applicants with less than one (1) year of driving experience, as evi- 43 denced by a previous driver's license shall not be issued a class A, B or C 44 driver's license or a class A, B or C instruction permit. 45 (5) As a driver has had his license, class D instruction permit, 46 restricted school attendance driving permit, privileges or right to drive sus- 47 pended for the duration of the suspension, nor to any person who has had his 48 class D driver's training instruction permit or class D supervised instruction 49 permit canceled for the duration of the cancellation, nor to any person whose 50 license has been revoked, suspended, canceled or disqualified by this state or 51 any other jurisdiction; provided however, where a driver's license has been 52 revoked, suspended, canceled or disqualified in any other jurisdiction, and 53 the driver has completed the period of revocation, suspension, cancellation or 5 1 disqualification as specified by the jurisdiction, that person may be granted 2 a class D driver's license in this state if five (5) years have elapsed from 3 the time of eligibility for reinstatement in the other jurisdiction, even 4 though the driver has not fulfilled the requirements for reinstatement in the 5 other jurisdiction. 6 (6) Has been adjudged by a court of competent jurisdiction to be an 7 habitual drunkard or addicted to the use of narcotic drugs, and such order has 8 been received by the department. 9 (7) Has been adjudged by a licensed physician or by a court of competent 10 jurisdiction to be afflicted with or suffering from any mental incompetence 11 that would affect the person's ability to safely operate a motor vehicle and 12 who has not at the time of application been restored to competency by the 13 methods provided by law, and such order has been received by the department. 14 (8) Is required by the provisions of this chapter to take an examination, 15 unless that person shall have successfully passed such examination. 16 (9) May be required under any law of this state to furnish proof of 17 financial responsibility and who has not furnished that proof. 18 (10) The department has good cause to believe that the operation of a 19 motor vehicle on the highways by that person would be harmful to public safety 20 or welfare. 21 (11) Is disqualified for a class A, B or C driver's license, except he may 22 be issued a class D driver's license. 23 (12) Is under eighteen (18) years of age and is not enrolled in school, 24 has not received a waiver pursuant to or has not satisfactorily completed 25 school as provided in section 49-303A, Idaho Code. 26 (13) Is not a resident of the state of Idaho. 27 SECTION 4. That Section 49-305, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 49-305. INSTRUCTION PERMITS -- TEMPORARY LICENSES --TEMPORARY DRIVER'S30TRAININGMOTORCYCLE ENDORSEMENT INSTRUCTION PERMIT. (1) Upon passage of the 31 required knowledge tests appropriate for the vehicle being operated, the 32 department may issue a class A, B or C instruction permit for the type of 33 vehicle(s) the person will be operating, or a class D instruction permit for a 34 class D motor vehicle, entitling the applicant, while having the permit in his 35 immediate possession, to drive a motor vehicle upon the highways for a period 36 of up to one hundred eighty (180) days or as provided in paragraph (b) of this 37 subsection (1) for certain class D instruction permits. That person must be 38 accompanied by an adult driver eighteen (18) years of age or older who holds a 39 valid driver's license appropriate for the vehicle being operated and who is 40 actually occupying a seat beside the driver. 41 (a) Any person under the age of seventeen (17) years who has successfully 42 completed an approved driver's training course and has satisfied the 43 requirements of a class D supervised instruction permit, or any person who 44 has reached the age of seventeen (17) years may apply for a class D 45 instruction permit. Any person applying for any class D instruction permit 46 or driving privileges who is under the age of eighteen (18) years shall be 47 in compliance with school attendance requirements of section 49-303A, 48 Idaho Code. 49 (b) If a person reaches the age of seventeen (17) years while operating a 50 class D vehicle with a class D supervised instruction permit, and such 51 class D supervised instruction permit becomes a class D instruction permit 52 as provided in section 49-307, Idaho Code, then such class D instruction 53 permit shall expire five (5) days after the permittee's eighteenth birth- 6 1 day. 2 (c) Any person who has reached the age of eighteen (18) years, holds a 3 valid Idaho class D driver's license and has at least one (1) year of 4 driving experience, may apply for a class A, B or C instruction permit. 5 (cd) The department shall not issue a hazardous material endorsement on 6 any instruction permit. 7 (2) The department may, at its discretion, issue a temporary class D dri- 8 ver's license to an applicant for a class D driver's license permitting him to 9 operate a motor vehicle while the department is completing its investigation 10 and determination of all facts relative to the applicant's right to receive a 11 driver's license. The temporary license may be canceled at the department's 12 discretion at any time after issuance. The temporary license must be in the 13 applicant's immediate possession while operating a motor vehicle, and it shall 14 be invalid when the applicant's driver's license has been issued or for good 15 cause has been refused. 16 (3)If an applicant for a class D driver's training instruction permit17cannot provide a certified copy of his birth certificate at the time of appli-18cation, the department may issue a temporary driver's training instruction19permit upon receipt of both a photo identification and a letter from the20school verifying the applicant's enrollment in a driver training course.The 21 certified copy ofhisan applicant's birth certificate shall be required 22 before a class D driver's license or class D instruction permit will be 23 issued. 24 (4) The department may issue a motorcycle endorsement instruction permit 25 to an applicant who has a valid driver's license and who has successfully com- 26 pleted the motorcycle rider's knowledge test and paid the appropriate fees. 27 The permit entitles the applicant, while having the permit in his immediate 28 possession, to operate a motorcycle upon the highways for a period not to 29 exceed one hundred eighty (180) days. If the permittee passes the skills test 30 for a motorcycle endorsement within one hundred eighty (180) days of issuance 31 of the motorcycle endorsement instruction permit, he shall not be required to 32 pay the motorcycle endorsement fee. A person holding a motorcycle instruction 33 permit shall not carry any passenger while operating a motorcycle, shall not 34 operate a motorcycle except during the hours of daylight only and shall not 35 operate a motorcycle upon any interstate highway system. 36 A violation of the conditions of a motorcycle endorsement instruction per- 37 mit is an infraction. The department shall cancel the permit whether or not 38 such violation results in conviction of the infraction. 39 SECTION 5. That Section 49-307, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 49-307.FEE FORCLASS D DRIVER'S TRAINING INSTRUCTION PERMIT AND TEMPO- 42 RARY PERMITS -- CLASS D SUPERVISED INSTRUCTION PERMIT -- APPLICATION FOR A 43 CLASS D DRIVER'S LICENSE -- RESTRICTIONS ON CLASS D DRIVER'S LICENSE. (1) No 44 enrollee of any class D driver's training course shall be allowed to attend 45 classes or participate in driving instruction unless he has obtained a class D 46 driver's training instruction permit, or a class D instruction permit as pro- 47 vided in subsection (4) of this section. The class D driver's training 48 instruction permit shall expire five (5) days after the permittee's eighteenth 49 birthday. 50 (2) Every enrollee of a class D driver's training coursein a public51schoolshall pay a nonrefundable fee ofthirtyfifteen dollars ($3015.00). 52Twenty-fiveFive dollars ($25.00) of each fee so imposed shall be deposited in 53 the driver training account, five dollars ($5.00) shall be deposited in the 7 1 state highway account, and five dollars ($5.00)willshall be deposited in the 2 county current expense fund. 3(2) Every enrollee of a class D driver's training course offered by a4commercial business shall pay a nonrefundable fee of ten dollars ($10.00).5Five dollars ($5.00) of the fee so imposed shall be deposited in the driver6training account and five dollars ($5.00) shall be deposited in the county7current expense fund.8 (3) Each enrollee of a class D driver's training course shall provide the 9 type of information required for a driver's license or instruction permit.,10but theIf an enrollee of a class D driver's training course cannot provide a 11 certified copy of his birth certificate at the time of application for a per- 12 mit, the department may issue a temporary driver's training instruction permit 13 or a temporary class D instruction permit upon receipt of both a photo identi- 14 fication and a letter from the school verifying the applicant's enrollment in 15 a driver's training course. The certified copy of an applicant's birth certif- 16 icate shall be required before a class D driver's license will be issued. 17 (4) The class D driver's training instruction permit is available to a 18 person aged fourteen and one-half (14 1/2) years up to seventeen (17) years of 19 age. Persons aged seventeen (17) years or older may attend classes or partici- 20 pate in driver's training instruction while operating with a class D instruc- 21 tion permit. 22 (5) The class D driver's training instruction permit shall be issued to 23 the instructor of the course, and the class D driver's training instruction24permit shall expire one (1) year from the issue date. No enrollee of any class25D driver's training course shall be allowed to attend classes or participate26in driving instruction unless he has obtained a class D driver's training27instruction permit. 28 (6) Class D supervised instruction permit. 29 (4a) Upon successful completion of the class D driver's training course, 30 the driver's training instructor shall date and sign the class D driver's 31 training instruction permit over to the parent or legal guardian of the 32 permittee, and the parent or legal guardian shall also date and sign the 33 class D driver's training instruction permit and in so doing agrees to 34 assume responsibility for ensuring that the permittee complies with the 35 requirements of operating a vehicle with a class D supervised instruction 36 permit. The signed and dated class D driver's training instruction permit 37 shall then serve as a class D supervised instruction permit. 38 (b) In the event the permittee reaches the age of seventeen (17) years 39 while operating a class D vehicle with a class D supervised instruction 40 permit, the supervised instruction permit shall become a class D instruc- 41 tion permit, and such class D instruction permit shall expire five (5) 42 days after the permittee's eighteenth birthday. 43 (57) No permittee may apply for a class D driver's license sooner than 44 fifteen (15) years of age and no sooner than six (6) months after completing a 45 class D driver's training course, during which time the permittee shall sat- 46 isfy all requirements for operation of a class D vehicle with a class D super- 47 vised instruction permit as follows: 48 (a) The permittee shall not operate a vehicle unless he is accompanied by 49 a driver who holds a valid driver's license, is twenty-one (21) years of 50 age or older, and who is actually occupying a seat beside the permittee 51 driver. The supervising driver and the permittee shall be the only occu- 52 pants of the front passenger section of the vehicle. 53 (b) Over a period of time not less than six (6) months, tThe permittee 54 shall accumulate at least fifty (50) hours of supervised driving time, ten 55 (10) hours of which shall be during hours of darkness. 8 1 (c) The permit shall be in the permittee's immediate possession at all 2 times while operating a vehicle. 3 (d) In addition to the permittee driver and the supervising driver, all 4 other occupants of the vehicle shall wear a seat belt or be restrained by 5 child passenger restraints as required by law. 6 (e) The permittee is subject to the provisions of sections 18-1502 and 7 18-8004, Idaho Code, relating to violation of age restrictions on consump- 8 tion of beer, wine, and alcohol and driving under the influence of alco- 9 hol, drugs or any other intoxicating substances, respectively. 10 (f) The permittee shall not have been convicted of any moving traffic 11 violation, or have had driving privileges suspended by the department or 12 the court for any offense, or found to be in violation of any of the 13 restrictions on the class D supervised instruction permit, for a period of 14 at least six (6) months from the date the driver's training instructor 15 signed the permit over to the parent or legal guardian, or from the date a 16 canceled class D supervised instruction permit was reissued, or until the 17 permittee reaches seventeen (17) years of age. 18 (g) If the permittee is under seventeen (17) years of age and is con- 19 victed of a violation of any traffic law, or section 18-1502, Idaho Code, 20 or section 18-8004, Idaho Code, or section 23-949, Idaho Code, or is found 21 to be in violation of any of the restrictions on the class D supervised 22 instruction permit, the department shall cancel the class D supervised 23 instruction permit, and the cancellation shall not be used to establish 24 rates of motor vehicle insurance charged by a casualty insurer. If tThe 25 permittee is under seventeen (17) years of age, the permittee may reapply 26 for and be issued a new class D supervised instruction permit upon payment 27 of the appropriate fees, and shall again be required to operate with the 28 class D supervised instruction permit for at least six (6) months from the 29 date of reissue without a conviction or suspension, accumulate the 30 required hours of driving time and adhere to the requirements as specified 31 in paragraphs (a) through (f) of this subsection (57). 32 (68) Upon completion of the requirements in subsection (57) of this sec- 33 tion, the permittee shall take the knowledge test and skills test administered 34 by a person certified by the Idaho transportation department to administer 35 knowledge and skills tests. 36 (79) Upon passage of the knowledge and skills tests, the permittee may 37 apply for a class D driver's license with driving privileges restricted to 38 daylight hours for persons under sixteen (16) years of age, and with full 39 privileges at sixteen (16) years of age or older. Provided however, the 40 restriction on daylight hours only driving privileges for persons under six- 41 teen (16) years of age shall not apply if: 42 (a) The person under sixteen (16) years of age has a valid class D dri- 43 ver's license; and 44 (b) Is accompanied by a driver who holds a valid driver's license and is 45 twenty-one (21) years of age or older and is actually occupying a seat 46 beside the licensee who is under sixteen (16) years of age; and 47 (c) The two (2) licensed drivers are the only occupants of the front pas- 48 senger section of the vehicle. 49 The restriction of daylight hours only shall mean that period of time one-half 50 (1/2) hour before sunrise to one-half (1/2) hour after sunset. 51 (810) Upon passage of the knowledge and skills tests, the permittee may 52 apply for a class D driver's license. Any such licensee who is under the age 53 of seventeen (17) years shall be required, during the first six (6) months 54 from the date of issue of the class D driver's license, to limit the number of 55 passengers in the vehicle who are under the age of seventeen (17) years to not 9 1 more than one (1) such passenger. Provided however, the limit of one (1) pas- 2 senger under the age of seventeen (17) years shall not apply to passengers who 3 are related to the driver by blood, adoption or marriage.
STATEMENT OF PURPOSE
RS17961
RS17961 defines when a student is eligible to be enrolled in
a driver's training course; and the time that a class D supervised
instruction permit remains valid.
This legislation also changes the current statute to increase
the non-refundable fee to enroll in a class D driver's training
course to $15.00 and to disperse from the fee $5.00 into the driver
training account, $5.00 into the state highway account, and $5.00
into the county current expense fund. The fee associated with
enrolling in a driver's training course will become standard
whether the course is a public school sponsored or a private
driver's training program.
Technical corrections are also included to correct the time
period of supervised driving time to be not less than six (6)
months.
FISCAL NOTE
No increase to the general fund. Cost per enrollee from private
schools will be reduced from $10.00 to the driver's training
account to $5.00.
Contact
Name: Senator Robert L. Geddes
Phone: 208-332-1300
STATEMENT OF PURPOSE/FISCAL NOTE S 1442