HB579 (2009) Detail
Establishing motor vehicle learners' permits and relative to youth operators' licenses.
HB 579-FN – AS INTRODUCED
2009 SESSION
09/04
HOUSE BILL 579-FN
AN ACT establishing motor vehicle learners’ permits and relative to youth operators’ licenses.
SPONSORS: Rep. E. Merrick, Coos 2; Rep. Pilliod, Belk 5; Rep. Theberge, Coos 4; Rep. Casey, Rock 11; Rep. C. Pennington Brown, Rock 9; Sen. Roberge, Dist 9
This bill:
I. Requires learners’ permits for persons learning to drive and modifies certain restrictions on youth operators.
II. Requires that the examination given to first-time driver’s license applicants include a road test.
III. Increases the hours of supervised driving time required to complete driver education and adds a requirement that 10 of those hours be at night.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0344
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing motor vehicle learners’ permits and relative to youth operators’ licenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Drivers’ Licenses; Examinations; Road Test. Amend RSA 263:6 to read as follows:
263:6 Examination. Before a license is granted to any person, the applicant, if not previously licensed to drive a motor vehicle in this state, shall pass such examination as to the person’s qualifications as the director may prescribe. Such examination shall include a road test of the applicant’s driving skills. Such examination may also include an examination for visual acuity as prescribed by the director. All license examinations shall be conducted by department of safety personnel. No license shall be issued until the director is satisfied that the applicant is a proper person to receive it. No physical defect of an applicant shall prohibit the applicant from receiving a license unless it can be shown by common experience that such defect results in an incapacity to safely drive a motor vehicle, except as provided in RSA 263:13.
2 New Section; Learner’s Permit. Amend RSA 263 by inserting after section 25 the following new section:
263:25-a Learner’s Permit. Upon application and payment of the fee provided in RSA 263:42 and attaining a passing score on a written examination administered by the department, the department shall issue a learner’s permit to a person who is 15-1/2 years of age or older. The commissioner shall develop the written examination and determine a passing score based on the minimum necessary knowledge of the rules of the road required for safe operation of a motor vehicle. The permit shall be valid for one year from the date of issuance or until the holder of the permit obtains a youth license, whichever is sooner.
3 New Paragraph; Driver’s License Fees; Learner’s Permit. Amend RSA 263:42 by inserting after paragraph I-a the following new paragraph:
I-b. For each learner’s permit issued under RSA 263:25-a, $20.
4 Exception for Persons Learning to Drive. Amend RSA 263:25, I to read as follows:
I. Except as provided in paragraph II, a person who does not possess a driver’s license but possesses a learner’s permit issued under RSA 263:25-a may drive a motor vehicle while being taught to drive, when accompanied by a person holding a driver’s license of the appropriate class and type for the vehicle being driven, who is occupying the seat beside, or, in the case of a bus, immediately adjacent to, the person who is being taught to drive. This exception shall not apply to persons whose driving privileges or driver’s licenses have been suspended or revoked for cause, persons less than 15-1/2 years of age, and persons learning to drive commercial motor vehicles unless they meet the requirements of paragraph II. For all unlicensed drivers the person accompanying them shall be a certified driving instructor, parent, legal guardian, or responsible adult who is 25 years of age or older and who is a licensed driver. The person accompanying the unlicensed driver shall be liable for the violation of any provision of this title or rules adopted hereunder committed by such unlicensed driver. A person who is learning to drive pursuant to the provisions of this section shall have in his or her possession proof of the fact he or she meets the age requirement and a learner’s permit issued under RSA 263:25-a.
5 New Paragraph; Learner's Permit Waiver. Amend RSA 263:25 by inserting after paragraph II the following new paragraph:
III. In-state providers of education for persons with disabilities may apply to the director for a waiver of the learner’s permit requirement for the purpose of providing driver education to resident and nonresident students, provided that all of the other requirements of paragraph I are met. The waiver may be reviewed, suspended, or revoked at the discretion of the director or the director’s designee.
6 Youth Operators’ Licenses; Eligibility and Restrictions. Amend RSA 263:14, II(a)-(c) to read as follows:
II.(a) The director shall issue a youth operator’s license to applicants who are 16 years of age or older and under 21 years of age. The youth operator license shall expire on the 21st anniversary of the applicant’s date of birth. In addition to any other requirements established by law, no such license shall be issued to applicants under 18 years of age unless the applicant possesses a learner’s permit issued under RSA 263:25-a, meets the requirements of RSA 263:17, [or furnishes written consent from the applicant’s parent or legal guardian] provides a document signed by the applicant’s parent or legal guardian verifying that the parent or legal guardian has supervised at least 40 hours of driving by the applicant, including at least 10 hours during the period from ½ hour after sunset to ½ hour before sunrise, and furnishes a certificate of successful completion of a driver education course as provided in RSA 263:19.
(b) The holder of a youth operator’s license shall not operate a motor vehicle between the hours of [1:00 a.m.] 12:00 a.m. and [5:00] 6:00 a.m. [, nor shall such holder operate a motor vehicle when the number of occupants exceeds the number of safety restraints in the vehicle] unless accompanied by a licensed responsible adult who is at least 25 years of age; additional passengers during such hours are prohibited unless one of the passengers is a parent or legal guardian of the operator.
(c) During the first [6 months] year after issuance of the license, the holder of a youth operator’s license shall not operate a motor vehicle with more than one passenger [less than 25 years of age] who is not a member of the holder’s family [unless accompanied by a]. If there is more than one passenger, such additional passengers shall at all times include one licensed responsible adult who is a member of the holder’s family and who is at least 25 years of age and there shall be a passenger restraint for every person in the vehicle.
7 Driver Education; Supervised Driving Time. Amend RSA 263:19, II to read as follows:
II. To qualify for a driver's license under this section, a person under the age of 18 shall also certify the completion of [20] 40 hours of additional supervised driving time under the supervision of a licensed parent or guardian, or, if there is no licensed parent or guardian, under the supervision of a licensed adult over the age of 25, and that at least 10 of the hours of additional supervised driving time were during the period from 1/2 hour after sunset to 1/2 hour before sunrise. The commissioner shall adopt rules relative to the method of certification.
8 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0344
01/21/09
HB 579-FN - FISCAL NOTE
AN ACT establishing motor vehicle learners’ permits and relative to youth operators’ licenses.
FISCAL IMPACT:
The Department of Safety states this bill will increase state highway fund revenue by $300,000 in FY 2010 and $600,000 in FY 2011 and each year thereafter; increase local revenue by $36,000 in FY 2010 and $72,000 in FY 2011 and each year thereafter; and increase state highway fund expenditures by $551,505 in FY 2010, $1,055,800 in FY 2011, $1,068,380 in FY 2012, and $1,120,718 in FY 2013. There will be no fiscal impact on county revenue or county and local expenditures.
METHODOLOGY:
This bill requires learner’s permits for persons learning to drive and modifies certain restrictions on youth operators; requires that the examination given to first-time driver’s license applicants include a road test; and increases the hours of supervised driving time required to complete driver education and adds a requirement that 10 of those hours be at night. The Department of Safety states the proposed legislation would charge a $20 fee for learner’s permits issued to persons learning to drive. The Department’s revenue estimate is based upon 30,000 youth operators being licensed per year with the estimate for FY 2010 being divided in half due to an effective date of January 1, 2010 for the proposed legislation. Additionally, the Department notes that 12% of revenues received would be distributed to local municipalities per RSA 235:23.
Number of permits issued annually |
30,000 |
Fee per permit |
20 |
Annual revenue generated (highway fund) |
$ 600,000 |
12% to local municipalities per RSA 235:23 |
$ 72,000 |
The Department’s Division of Motor Vehicles states this bill doubles the licensing examiner workload resulting in the need for 18 additional licensing examiners. Accordingly, state highway fund expenditures would increase as follows:
This bill does not contain an appropriation or establish positions.