txt

SCS HB 11(JUD): "An Act relating to driver's licensing; and providing for an effective date."

00SENATE CS FOR HOUSE BILL NO. 11(JUD) 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 who is 05  (1) under the age of 16 years, except that the department may issue a 06 permit under AS 28.15.051 or a restricted license under AS 28.15.121 ; or 07  (2) at least 16 years of age but not yet 18 years of age unless the 08 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 22 [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. Upon application, the 10 department may issue a provisional driver's license to a person who is at least 16 years 11 of age but not yet 18 years of age if the person has been licensed under an instruction 12 permit issued under AS 28.15.051 or under the law of another state with substantially 13 similar requirements for at least six months. 14  Sec. 28.15.057. Restrictions on driver's license issued to a person under 18. 15 (a) Except as provided under AS 28.15.051 or 28.15.055, a person who is at least 16 16 years of age but not yet 18 years of age may not be issued a driver's license unless 17 the person has been licensed under an instruction permit issued under AS 28.15.051 18 for at least six months and has held a valid provisional driver's license issued under 19 AS 28.15.055 for at least one year. 20  (b) A person authorized to drive a motor vehicle under an instruction permit 21 issued under AS 28.15.051 or a provisional driver's license issued under AS 28.15.055 22 may not drive a motor vehicle on a highway or vehicular way or area between the 23 hours of 1:00 a.m. and 5:00 a.m. each day. This subsection does not apply to a person 24 authorized to drive under a provisional driver's license who is driving from the 25 person's place of residence to the person's place of employment or from the person's 26 place of employment to the person's residence and who is driving along the most 27 direct highway, vehicular way, or area available between the residence and the place 28 of employment. 29 * Sec. 4. AS 28.15.221(b) is amended to read: 30  (b) The regulations adopted under (a) of this section must [SHALL] include 31 a designated level of point accumulation that [WHICH] identifies drivers who are

01 habitually reckless or negligent, or who are habitual or frequent violators of traffic 02 laws, so as to show a disrespect for traffic laws and a disregard for the safety of other 03 persons. In formulating the point system authorized by this section, the commissioner 04 shall, in the interest of interstate uniformity, provide for suspension, revocation or 05 denial of a driver's license, privilege to drive, or privilege to obtain a license for an 06 accumulation of 12 or more points as a result of offenses committed during any 07 consecutive 12-month period or 18 or more points as a result of offenses committed 08 during any 24-month period , except for a person licensed under an instruction 09 permit or provisional license. A person licensed under an instruction permit or 10 provisional license shall have the person's license suspended, revoked, or denied 11 for an accumulation of eight or more points as a result of offenses committed 12 during any consecutive 12-month period . 13 * Sec. 5. AS 28.15.241(b) is amended to read: 14  (b) In addition to (a) of this section, two points shall be deducted from the 15 assessed total upon the driver's furnishing to the department adequate proof of 16 successful completion, within 12 months of the date of the driver's last violation, of 17 a driver improvement course approved by the department , except that 18  (1) not [. NO] more than one driver improvement course may be 19 used to obtain a reduction in points in any 12-month period ; and 20  (2) a driver improvement course for a person under 21 years of age 21 must be a course that is designed to benefit persons under 21 years of age and 22 must be certified by a national organization . 23 * Sec. 6. AS 28.15.253 is amended to read: 24  Sec. 28.15.253. Driver improvement course. Upon conviction of a violation 25 of a traffic law that results in a driver accumulating six or more points from offenses 26 committed during any consecutive 12-month period or nine or more points from 27 offenses committed during any 24-month period, on request of the department , the 28 court may, in addition to any other penalty authorized by law, require the driver to 29 successfully complete a driver improvement course approved by the department within 30 a period of time prescribed by the court. A driver improvement course approved 31 under this section for a person who is under 21 years of age must be a course that

01 is designed to benefit persons under 21 years of age and must be certified by a 02 national organization. The department may suspend, revoke, or deny the driver's 03 license of a person who fails to successfully complete the driver improvement course 04 required by the court under this section within the prescribed time period. 05 * Sec. 7. AS 28.40.100(a)(8) is amended to read: 06  (8) "driver's license" or "license," when used in relation to driver 07 licensing, means a license , provisional license, or permit to drive a motor vehicle, or 08 the privilege to drive or to obtain a license to drive a motor vehicle, under the laws 09 of this state [,] whether or not a person holds a valid license issued in this or another 10 jurisdiction; 11 * Sec. 8. This Act takes effect January 1, 1998.