HB 1496-FN – AS AMENDED BY THE HOUSE

06Feb2008… 0360h

2008 SESSION

08-2056

03/04

HOUSE BILL 1496-FN

AN ACT establishing motor vehicle learners’ permits and relative to youth operators’ licenses.

SPONSORS: Rep. E. Merrick, Coos 2; Rep. Ingersoll, Coos 4; Rep. Hatch, Coos 3; Rep. Tholl, Coos 2; Sen. Gallus, Dist 1; Sen. Roberge, Dist 9

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill:

I. Requires learners’ permits for persons learning to drive and modifies certain restrictions on youth operators.

II. Requires that the examination given to first-time driver’s license applicants include a road test.

III. Increases the hours of supervised driving time required to complete driver education and adds a requirement that 10 of those hours be at night.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06Feb2008… 0360h

08-2056

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT establishing motor vehicle learners’ permits and relative to youth operators’ licenses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Drivers’ Licenses; Examinations; Road Test. Amend RSA 263:6 to read as follows:

263:6 Examination. Before a license is granted to any person, the applicant, if not previously licensed to drive a motor vehicle in this state, shall pass such examination as to the person’s qualifications as the director may prescribe. Such examination shall include a road test of the applicant’s driving skills. Such examination may also include an examination for visual acuity as prescribed by the director. All license examinations shall be conducted by department of safety personnel. No license shall be issued until the director is satisfied that the applicant is a proper person to receive it. No physical defect of an applicant shall prohibit the applicant from receiving a license unless it can be shown by common experience that such defect results in an incapacity to safely drive a motor vehicle, except as provided in RSA 263:13.

2 New Section; Learner’s Permit. Amend RSA 263 by inserting after section 25 the following new section:

263:25-a Learner’s Permit. Upon application and payment of the fee provided in RSA 263:42 and attaining a passing score on a written examination administered by the department, the department shall issue a learner’s permit to a person who is 15-1/2 years of age or older. The commissioner shall develop the written examination and determine a passing score based on the minimum necessary knowledge of the rules of the road required for safe operation of a motor vehicle. The permit shall be valid for one year from the date of issuance or until the holder of the permit obtains a youth license, whichever is sooner.

3 New Paragraph; Driver’s License Fees; Learner’s Permit. Amend RSA 263:42 by inserting after paragraph I-a the following new paragraph:

I-b. For each learner’s permit issued under RSA 263:25-a, $20.

4 Exception for Persons Learning to Drive. Amend RSA 263:25, I to read as follows:

I. Except as provided in paragraph II, a person who does not possess a driver’s license but possesses a learner’s permit issued under RSA 263:25-a may drive a motor vehicle while being taught to drive, when accompanied by a person holding a driver’s license of the appropriate class and type for the vehicle being driven, who is occupying the seat beside, or, in the case of a bus, immediately adjacent to, the person who is being taught to drive. This exception shall not apply to persons whose driving privileges or driver’s licenses have been suspended or revoked for cause, persons less than 15-1/2 years of age, and persons learning to drive commercial motor vehicles unless they meet the requirements of paragraph II. For all unlicensed drivers the person accompanying them shall be a certified driving instructor, parent, legal guardian, or responsible adult who is 25 years of age or older and who is a licensed driver. The person accompanying the unlicensed driver shall be liable for the violation of any provision of this title or rules adopted hereunder committed by such unlicensed driver. A person who is learning to drive pursuant to the provisions of this section shall have in his or her possession proof of the fact he or she meets the age requirement and a learner’s permit issued under RSA 263:25-a.

5 New Paragraph; Learner's Permit Waiver. Amend RSA 263:25 by inserting after paragraph II the following new paragraph:

III. In-state providers of education for persons with disabilities may apply to the director for a waiver of the learner’s permit requirement for the purpose of providing driver education to resident and nonresident students, provided that all of the other requirements of paragraph I are met. The waiver may be reviewed, suspended, or revoked at the discretion of the director or the director’s designee.

6 Youth Operators’ Licenses; Eligibility and Restrictions. Amend RSA 263:14, II(a)-(c) to read as follows:

II.(a) The director shall issue a youth operator’s license to applicants who are 16 years of age or older and under 21 years of age. The youth operator license shall expire on the 21st anniversary of the applicant’s date of birth. In addition to any other requirements established by law, no such license shall be issued to applicants under 18 years of age unless the applicant possesses a learner’s permit issued under RSA 263:25-a, meets the requirements of RSA 263:17, [or furnishes written consent from the applicant’s parent or legal guardian] provides a document signed by the applicant’s parent or legal guardian verifying that the parent or legal guardian has supervised at least 40 hours of driving by the applicant, including at least 10 hours during the period from ½ hour after sunset to ½ hour before sunrise, and furnishes a certificate of successful completion of a driver education course as provided in RSA 263:19.

(b) The holder of a youth operator’s license shall not operate a motor vehicle between the hours of [1:00 a.m.] 12:00 a.m. and [5:00] 6:00 a.m. [, nor shall such holder operate a motor vehicle when the number of occupants exceeds the number of safety restraints in the vehicle] unless accompanied by a licensed responsible adult who is at least 25 years of age; additional passengers during such hours are prohibited unless one of the passengers is a parent or legal guardian of the operator.

(c) During the first [6 months] year after issuance of the license, the holder of a youth operator’s license shall not operate a motor vehicle with more than one passenger [less than 25 years of age] who is not a member of the holder’s family [unless accompanied by a]; such additional passengers shall at all times include one licensed responsible adult who is at least 25 years of age and there shall be a passenger restraint for every person in the vehicle.

7 Driver Education; Supervised Driving Time. Amend RSA 263:19, II to read as follows:

II. To qualify for a driver's license under this section, a person under the age of 18 shall also certify the completion of [20] 40 hours of additional supervised driving time under the supervision of a licensed parent or guardian, or, if there is no licensed parent or guardian, under the supervision of a licensed adult over the age of 25, and that at least 10 of the hours of additional supervised driving time were during the period from 1/2 hour after sunset to 1/2 hour before sunrise. The commissioner shall adopt rules relative to the method of certification.

8 Effective Date. This act shall take effect January 1, 2009.

LBAO

08-2056

11/29/07

HB 1496-FN - FISCAL NOTE

AN ACT establishing motor vehicle learners’ permits and relative to youth operators’ licenses.

FISCAL IMPACT:

METHODOLOGY: