HB 579-FN – AS AMENDED BY THE HOUSE
27Jan2010… 2009-2510h
27Jan2010… 0132h
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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Jan2010… 2009-2510h
27Jan2010… 0132h
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. Previously licensed, out-of-state drivers who have relocated, or are in the process of relocating their permanent residence to New Hampshire are exempt from taking the examination unless their out-of-state drivers’ license has expired, or they cannot demonstrate proof that they possess a license which is current, valid, and the appropriate class and type.
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, the department shall issue a learner’s permit to a person who is at least 15-1/2 years of age and under 18 years of age, provided that the person has already obtained a passing score on the written examination established in RSA 263:6. The permit shall be valid until the holder’s 18th birthday or until the holder of the permit obtains a youth operator’s license, whichever is sooner. A person who has passed the written examination as a prerequisite to obtaining a learner’s permit shall not be required to take another written examination as a prerequisite to obtaining a youth operator’s license. Current valid learner’s permits issued by another state shall be recognized as equivalent to a learner’s permit issued under this section.
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. Amend RSA 263:14, II(a) 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] and furnishes a certificate of successful completion of a driver education course as provided in RSA 263:19.
7 Youth Operators’ Licenses; Restrictions. Amend RSA 263:14, II(c) to read as follows:
(c) During the first 6 months 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] or is not the holder’s legal guardian. 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 or the holder’s legal guardian and who is at least 25 years of age and there shall be a passenger restraint worn by every person in the vehicle who is required to wear a passenger restraint under RSA 265:107-a.
8 Effective Date. This act shall take effect January 1, 2012.
LBAO
09-0344
Amended 02/11/10
HB 579 FISCAL NOTE
AN ACT establishing motor vehicle learners’ permits and relative to youth operators’ licenses.
FISCAL IMPACT:
The Department of Safety states this bill, as amended by the House (Amendments #2009-2510h and #2010-0132h), will increase state highway fund revenue by $300,000 in FY 2012 and $600,000 in FY 2013 and each year thereafter; and increase state highway fund expenditures and local revenue by $36,000 in FY 2013 and $72,000 in FY 2014 and each year thereafter. 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 effective January 1, 2012. 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 2012 being divided in half due to an effective date of January 1, 2012 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 |