00                SENATE CS FOR CS FOR HOUSE BILL NO. 213(FIN)                                                             
01 "An Act relating to a provisional driver's license and to issuance of a driver's license;                               
02 and providing for an effective date."                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
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.