Enrolled HB 213: Relating to a provisional driver's license and to issuance of a driver's license; and providing for an effective date.
00Enrolled HB 213 01 Relating to a provisional driver's license and to issuance of a driver's license; and providing 02 for an effective date. 03 _______________ 04 * Section 1. AS 28.15.055 is amended to read: 05 Sec. 28.15.055. Provisional driver's license. Upon application, the 06 department may issue a provisional driver's license to a person who is at least 16 years 07 of age but not yet 18 years of age if the 08 (1) person has been licensed under an instruction permit issued under 09 AS 28.15.051 or under the law of another state with substantially similar requirements 10 for at least six months; 11 (2) person's parent, legal guardian, or employer provides proof 12 satisfactory to the department that the applicant has at least 40 hours of driving 13 experience, including at least 10 hours of driving in progressively challenging 14 circumstances, such as driving in inclement weather and nighttime driving; and
01 (3) person has not been convicted of a violation of a traffic law 02 within the six months before the application is filed; in this paragraph, "traffic 03 law" has the meaning given to "traffic laws" in AS 28.15.261. 04 * Sec. 2. AS 28.15.057 is amended to read: 05 Sec. 28.15.057. Restrictions on driver's license issued to a person under 06 18. Except as provided under AS 28.15.051, a person who is at least 16 years of age 07 but not yet 18 years of age may not be issued a driver's license unless the person has 08 (1) been licensed under an instruction permit issued under 09 AS 28.15.051 or under the law of another state with substantially similar 10 requirements for at least six months; 11 (2) [AND HAS] held a valid provisional driver's license issued under 12 AS 28.15.055 for at least six months; and 13 (3) not been convicted of violating a traffic law, or been convicted 14 of violating AS 04.16.050(c), during the six months before applying for a driver's 15 license; in this paragraph, "traffic law" has the meaning given to "traffic laws" 16 in AS 28.15.261 [ONE YEAR]. 17 * Sec. 3. AS 28.15.057 is amended by adding new subsections to read: 18 (b) A person authorized to drive a motor vehicle under a provisional driver's 19 license issued under AS 28.15.055 may not 20 (1) operate a motor vehicle that is carrying any passengers 21 (A) except a passenger who is a parent, legal guardian, sibling, 22 or a person at least 21 years of age; or 23 (B) unless at least one of the passengers is a parent, legal 24 guardian, or person at least 21 years of age; or 25 (2) operate a motor vehicle between the hours of 1:00 a.m. and 5:00 26 a.m., except when the person is 27 (A) accompanied by a parent, legal guardian, or a person at 28 least 21 years of age who is licensed to drive the type or class of vehicle being 29 used; or 30 (B) driving to or from the person's place of employment or 31 within the scope of the person's employment and the driving is along the most
01 direct available route. 02 (c) This section does not apply to restricted licenses issued to persons to 03 operate motor vehicles in areas of the state off the road system when operating motor 04 vehicles in those areas. 05 (d) A person who violates this section is guilty of an infraction. 06 * Sec. 4. This Act takes effect January 1, 2005.