txt

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

00CS FOR HOUSE BILL NO. 430(STA) 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. Upon application, the 10 department may issue a provisional driver's license to a person who is at least 11  (1) 16 years of age but not yet 18 years of age if the person has been 12 licensed under an instruction permit issued under AS 28.15.051 or under the law of 13 another state with substantially similar requirements, for at least six months; or 14  (2) 18 years of age but not yet 21 years of age. 15  Sec. 28.15.057. RESTRICTIONS ON DRIVER'S LICENSE ISSUED TO A 16 PERSON UNDER 21. (a) Except as provided under AS 28.15.051 or 28.15.055, a 17 person who is at least 16 years of age but not yet 18 years of age may not be issued 18 a driver's license unless the person has been licensed under an instruction permit 19 issued under AS 28.15.051 for at least six months and has held a valid provisional 20 driver's license issued under AS 28.15.055 for at least one year. 21  (b) Except as provided under AS 28.15.055, a person who is at least 18 years 22 of age but not yet 21 years of age may not be issued a driver's license unless the 23 person has held a valid provisional license issued under AS 28.15.055 for a period of 24 at least one year. 25  (c) A person authorized to drive a motor vehicle under an instruction permit 26 issued under AS 28.15.051 or a provisional driver's license issued under AS 28.15.055 27 may not drive a motor vehicle on a highway or vehicular way or area between the 28 hours of 1:00 a.m. and 5:00 a.m. each day. This paragraph does not apply to a person 29 authorized to drive under a provisional driver's license who is driving from the 30 person's place of residence to the person's place of employment or from the person's 31 place of employment to the person's residence and who is driving along the most

01 direct highway, vehicular way or area available between the residence and the place 02 of employment. 03 * Sec. 4. AS 28.15.221(b) is amended to read: 04  (b) The regulations adopted under (a) of this section must [SHALL] include 05 a designated level of point accumulation that [WHICH] identifies drivers who are 06 habitually reckless or negligent or who are habitual or frequent violators of traffic 07 laws, so as to show a disrespect for traffic laws and a disregard for the safety of other 08 persons. In formulating the point system authorized by this section, the commissioner 09 shall, in the interest of interstate uniformity, provide for suspension, revocation or 10 denial of a driver's license, privilege to drive, or privilege to obtain a license for an 11 accumulation of 12 or more points as a result of offenses committed during any 12 consecutive 12-month period or 18 or more points as a result of offenses committed 13 during any 24-month period, except for a person licensed under an instruction 14 permit or provisional license. A person licensed under an instruction permit or 15 provisional license shall have the person's license suspended, revoked, or denied 16 for an accumulation of six or more points as a result of offenses committed during 17 any consecutive 12-month period. 18 * Sec. 5. AS 28.40.100(a)(8) is amended to read: 19  (8) "driver's license" or "license," when used in relation to driver 20 licensing, means a license, provisional license, or permit to drive a motor vehicle, or 21 the privilege to drive or to obtain a license to drive a motor vehicle, under the laws 22 of this state [,] whether or not a person holds a valid license issued in this or another 23 jurisdiction; 24 * Sec. 6. This Act takes effect January 1, 1995.