00 CS 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.