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CSHB 430(FIN): "An Act relating to driver's licensing; and providing for an effective date."

00CS FOR HOUSE BILL NO. 430(FIN) 01 "An Act relating to driver's licensing; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.15.031(a) is amended to read: 04  (a) The department may not issue a driver's license to a person 05  (1) who is under the age of 16 years, except that the department may 06 issue a permit under AS 28.15.051 or a restricted license under AS 28.15.121; or 07  (2) who is at least 16 years of age but not yet 21 years of age unless 08 the person meets the requirements of AS 28.15.057. 09 * Sec. 2. AS 28.15.051(a) is amended to read: 10  (a) Except as provided in (b) of this section, a person who is at least 14 years 11 of age may apply to the department for an instruction permit. The department may, 12 after the applicant has successfully passed all parts of the examination under 13 AS 28.15.081 other than the driving test, issue to the applicant an instruction permit. 14 The permit allows a person, while having the permit in the person's immediate

01 possession, to drive a specified type or class of motor vehicle on a highway or 02 vehicular way or area for a period not to exceed two years. The permittee must be 03 accompanied by a person at least 25 [19] years of age who has been licensed at least 04 one year to drive the type or class of vehicle being used, who is capable of exercising 05 control over the vehicle and who occupies a seat beside the driver, or who 06 accompanies and immediately supervises the driver when the permittee drives a 07 motorcycle. An instruction permit may be renewed. 08 * Sec. 3. AS 28.15 is amended by adding new sections to read: 09  Sec. 28.15.055. PROVISIONAL DRIVER'S LICENSE. (a) Upon application, 10 the department may issue a provisional driver's license to a person who meets the 11 requirements of (b) of this section and who is at least 12  (1) 16 years of age but not yet 18 years of age if the person has been 13 licensed under an instruction permit issued under AS 28.15.051 or under the law of 14 another state with substantially similar requirements, for at least six months; or 15  (2) 18 years of age but not yet 21 years of age. 16  (b) An applicant for a provisional license 17  (1) shall meet applicable requirements imposed under AS 28.15.081; 18 and 19  (2) in the six months before application, may not have been convicted 20 of a traffic offense or involved in a motor vehicle accident in which the applicant was 21 at fault. 22  Sec. 28.15.057. RESTRICTIONS ON DRIVER'S LICENSE ISSUED TO A 23 PERSON UNDER 21. (a) Except as provided under AS 28.15.051 or 28.15.055, a 24 person who is at least 16 years of age but not yet 18 years of age may not be issued 25 a driver's license unless the person 26  (1) has been licensed under an instruction permit issued under 27 AS 28.15.051 or under the law of another state with substantially similar requirements, 28 for at least six months; 29  (2) has held a valid provisional driver's license issued under 30 AS 28.15.055 or under the law of another state with substantially similar requirements, 31 for at least one year; and

01  (3) in the 12 months before application, has not been convicted of a 02 traffic offense or involved in a motor vehicle accident in which the applicant was at 03 fault. 04  (b) Except as provided under AS 28.15.055, a person who is at least 18 years 05 of age but not yet 21 years of age may not be issued a driver's license unless the 06 person 07  (1) has held a valid provisional license issued under AS 28.15.055 or 08 under the law of another state with substantially similar requirements, for a period of 09 at least one year; and 10  (2) in the 12 months before application has not been convicted of a 11 traffic offense or been involved in a motor vehicle accident in which the applicant was 12 at fault. 13 * Sec. 4. AS 28.15.221(b) is amended to read: 14  (b) The regulations adopted under (a) of this section must [SHALL] include 15 a designated level of point accumulation that [WHICH] identifies drivers who are 16 habitually reckless or negligent or who are habitual or frequent violators of traffic 17 laws, so as to show a disrespect for traffic laws and a disregard for the safety of other 18 persons. In formulating the point system authorized by this section, the commissioner 19 shall, in the interest of interstate uniformity, provide for suspension, revocation or 20 denial of a driver's license, privilege to drive, or privilege to obtain a license for an 21 accumulation of 12 or more points as a result of offenses committed during any 22 consecutive 12-month period or 18 or more points as a result of offenses committed 23 during any 24-month period, except for a person licensed under an instruction 24 permit or provisional license. A person licensed under an instruction permit or 25 provisional license shall have the person's license suspended, revoked, or denied 26 for an accumulation of six or more points as a result of offenses committed during 27 any consecutive 12-month period. 28 * Sec. 5. AS 28.40.100(a)(8) is amended to read: 29  (8) "driver's license" or "license," when used in relation to driver 30 licensing, means a license, provisional license, or permit to drive a motor vehicle, or 31 the privilege to drive or to obtain a license to drive a motor vehicle, under the laws

01 of this state [,] whether or not a person holds a valid license issued in this or another 02 jurisdiction; 03 * Sec. 6. This Act takes effect January 1, 1995.