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Regular Session, 2010
HOUSE BILL NO. 1339
BY REPRESENTATIVE DOWNS
MTR VEHICLE/DRIVER LIC: Provides for additional requirements and restrictions for
drivers' licenses for minors
AN ACT1
To amend and reenact R.S. 32:402.1(A) and 407(A)(2)(a), (b), (3), (4), and (5), to enact R.S.2
32:407(A)(6), and to repeal R.S. 32:407(E), relative to driver's licenses for minors;3
to provide additional requirements and restrictions for driver's licenses for minors;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:402.1(A) and 407(A)(2)(a), (b), (3), (4), and (5) are hereby7
amended and reenacted and R.S. 32:407(A)(6) is hereby enacted to read as follows:8
§402.1. Driver education; required9
A. No application for a license for the operation of a motor vehicle shall be received10
from any person seventeen eighteen years or older making application for the first time11
unless there is also submitted with the application, on a form approved by the secretary of12
the Department of Public Safety and Corrections or the Department of Education, written13
evidence of the successful completion by the applicant of:14
* * *15
§407. Application of minors; revocation; applications of persons less than twenty-16
one years of age17
A.(1)18
* * *19 HLS 10RS-2204 ENGROSSED
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(2)(a) Upon completion of a driver's education course approved by the1
Department of Public Safety and Corrections or the Department of Education and2
upon passing a visual examination and a road knowledge test, including rules of the3
road, signs, and signals, sharing the road with motorcycles and tractor/trailer trucks,4
and not less than two questions relative to railroad and highway grade railroad safety,5
an applicant at least fifteen years and six months of age, but less than seventeen6
eighteen years of age, applying for the first time may be issued a Class "E" learner's7
license. The license may be issued for a four-year period at the same fee as a Class8
"E" driver's license and must be maintained for at least one hundred eighty days,9
unless prior to such time the driver reaches seventeen eighteen years of age, prior to10
being converted to a Class "E" intermediate driver's license. The Class "E" learner's11
license shall authorize the holder to drive while being accompanied by a licensed12
parent, guardian, adult at least age twenty-one or older, or licensed sibling at least13
age eighteen or older.14
(b) Any applicant at least sixteen years of age, but less than seventeen15
eighteen years of age, moving into Louisiana from another state shall be eligible for16
the issuance of a Class "E" intermediate driver's license provided such applicant17
meets all other requirements for licensure in Louisiana and furnishes the department18
with proof of successful completion of an equivalent driver's education course and19
proof of issuance of a learner's license for a minimum of one hundred eighty days,20
unless prior to such time the driver reaches seventeen eighteen years of age, from the21
state of previous residence.22
(3) The Class "E" learner's license may be converted to a Class "E"23
intermediate license upon the applicant being at least sixteen years of age and24
passing an on-road driving test, provided that the applicant has held the license for25
at least one hundred eighty days if he is not seventeen years of age. No applicant26
shall be issued a Class "E" intermediate license unless a signed statement by the27
parent or legal guardian is provided to the department attesting that the applicant has28
a minimum of thirty-five hours of behind the wheel driving experience with a29 HLS 10RS-2204 ENGROSSED
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licensed adult driver. The intermediate license shall restrict those under the age of1
seventeen from driving between 11:00 p.m. and 5:00 a.m. unless otherwise2
accompanied by a licensed parent or guardian, by a licensed adult at least twenty-one3
years of age, or by a licensed sibling at least eighteen years of age. In addition to a4
licensed parent, sibling, guardian, or adult, there may be other members of the5
permittee's immediate family in the vehicle and when accompanied by a driver's6
education teacher there may be one or more fellow driver's education students in the7
vehicle. meeting the following conditions:8
(a) The applicant's parent or legal guardian must provide a signed statement9
to the department attesting that the applicant has completed a minimum of fifty hours10
of supervised driving practice with a licensed parent, guardian, or adult at least age11
twenty-one or older. At least ten of these hours must be nighttime driving.12
(b) The applicant must pass an on-road driving test.13
(c) The applicant must have held the Class "E" learner's license for at least14
one hundred eighty days if he is not eighteen years of age while remaining accident15
free, except where the licensee was not at fault, and receiving no convictions for16
moving violations or violations of the seat belt or curfew laws of this state or any law17
pertaining to drug or alcohol use.18
(4) The intermediate license shall restrict those under the age of eighteen19
from driving between 10:00 p.m. and 5:00 a.m. unless otherwise accompanied by a20
licensed parent or guardian, by a licensed adult at least twenty-one years of age, or21
by a licensed sibling at least eighteen years of age. The time restriction contained22
in this Paragraph shall not apply to an intermediate licensee while he is traveling to23
and from school sponsored events or his place of employment. In addition to a24
licensed parent, sibling, guardian, or adult, there may be other members of the25
intermediate licensee's immediate family in the vehicle. Unless accompanied by a26
licensed parent, guardian, or adult at least age twenty-one or older, an intermediate27
licensee may not at any time transport more than one passenger that is under twenty28
years of age. The intermediate licensee shall not place the vehicle in motion until29 HLS 10RS-2204 ENGROSSED
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every occupant of the vehicle has been retrained by a properly fastened seat belt or1
other occupant restraint system unless such person is not required to be restrained2
pursuant to R.S. 32:295.1.3
(4) (5) Upon completing the Class "E" intermediate licensing stage, and upon4
demonstrating that the licensee has remained accident free, except in cases where the5
licensee was not at fault, has received no convictions for moving violations, and has6
received no convictions for violations of the seat belt or curfew laws of this state or7
any laws pertaining to drug or alcohol use for twelve consecutive months after being8
issued his intermediate license, an applicant may be issued full Class "E" driving9
privileges.10
(5) (6) The department may establish rules and regulations to extend the term11
of the intermediate license if an applicant's license has been suspended, the applicant12
has been placed on probation by a court due to a driving violation, or the applicant13
has violated any of the provisions of Paragraph (4) (5) of this Subsection. The term14
of the extension of the intermediate license shall be for no less than thirty days nor15
more than one hundred eighty days from the end of any suspension or probation16
period, or from the date he would otherwise have been eligible to apply for a Class17
"E" permanent license in the case of a violation of Paragraph (4) (5) of this18
Subsection. The applicant shall attend and successfully complete either an approved19
driver education course or prelicensing training course, regardless of any prior20
completion of such course, as a condition of reinstatement of the license suspended21
pursuant to this Paragraph. The licensee shall have the right to an administrative22
hearing to appeal the determination of the department to extend the applicant's23
intermediate license. The provisions of this Paragraph shall apply to any licensee24
who has not attained the age of eighteen.25
* * *26
Section 2. R.S. 32:407(E) is hereby repealed in its entirety.27
Section 3. This Act shall become effective on January 1, 2011.28 HLS 10RS-2204 ENGROSSED
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Downs HB No. 1339
Abstract: Makes changes for Class "E" learner's license and Class "E" intermediate license
application qualifications and age requirements.
Present law provides that no application for the operation of a motor vehicle shall be
received from any person 17 years of age or older making an application for the first time
unless certain conditions regarding driver education or prelicensing training courses are met
by the applicant.
Proposed law provides that no application for the operation of a motor vehicle shall be
received from any person 18 years of age or older making an application for the first time
unless certain conditions regarding driver education or prelicensing training courses are met
by the applicant.
Present law allows persons who are at least 15 years of age but less than 17 years of age to
apply for a Class "E" learner's license for the first time.
Proposed law allows for persons who are at least 15 and a half years of age but less than 18
years of age to apply for a Class "E" learner's license for the first time
Present law requires holder of Class "E" learner's license to be maintained at least 180 days,
unless prior to such time the driver reaches 17 years of age, prior to being converted to a
Class "E" intermediate driver's license.
Proposed law requires holder of Class "E" learner's license to be maintained at least 180 days
unless prior to such time the driver reaches 18 years of age, prior to being converted to a
Class "E" intermediate driver's license.
Present law allows any applicant who is at least 16 years of age, but less than 17 years of
age, moving into La. from another state shall be eligible for the issuance of a Class "E"
intermediate driver's license provided such applicant meets certain requirements, unless
prior to such time the driver reaches 17 years of age, from the state of previous residence.
Proposed law allows any applicant who is at least 16 years of age, but less than 18 years of
age, moving into La. from another state shall be eligible for the issuance of a Class "E"
intermediate driver's license provided such applicant meets certain requirements, unless
prior to such time the driver reaches 18 years of age, from the state of previous residence.
Present law allows the Class "E" learner's license to be converted to a Class "E" intermediate
license upon the applicant being at least 16 years of age and passing an on-road driving test,
provided that the applicant has held the license for at least 180 days if he is not 17 years of
age.
Present law prohibits an applicant from being issued a Class "E" intermediate license unless
a signed statement by the parent or legal guardian is provided to the department attesting that
the applicant has a minimum of 35 hours of behind the wheel driving experience with a
licensed adult driver.
Present law prohibits the holders of the intermediate license under the age of 17 from driving
between 11:00 p.m. and 5:00 a.m. unless otherwise accompanied by a licensed parent or HLS 10RS-2204 ENGROSSED
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guardian, by a licensed adult at least 21 years of age, or by a licensed sibling at least 18 years
of age.
Proposed law allows the Class "E" learner's license to be converted to a Class "E"
intermediate license upon the applicant being at least 16 years of age and meeting the
following conditions:
(a)The applicant's parent or legal guardian must provide a signed statement to the
department attesting that the applicant has completed a minimum of 50 hours, rather
than 35 hours as stated in present law, of supervised driving practice with a licensed
parent, guardian, or adult at least age 21 or older. Proposed law requires at least 10
of these hours must be nighttime driving.
(b)The applicant must pass an on-road driving test.
(c)The applicant must have held the Class "E" learner's license for at least 180 days if
he is not 18 years of age, rather than 17 years of age as stated in present law, while
remaining accident free, except where the licensee was not at fault, and receiving no
convictions for moving violations or violations of the seat belt or curfew laws of this
state or any law pertaining to drug or alcohol use. Present law does not contain the
"accident free" conditions.
Proposed law restricts the intermediate licensee who is under the age of 18, rather than 17
years of age as stated in present law, from driving between 10:00 p.m., rather than 11:00
p.m. as stated in present law and 5:00 a.m. unless otherwise accompanied by a licensed
parent or guardian, by a licensed adult at least 21 years of age, or by a licensed sibling at
least 18 years of age.
Proposed law provides that the driving time restriction imposed on intermediate licensees
shall not apply if he is traveling to and from school sponsored events or his employment.
Present law provides that in addition to a licensed parent, sibling, guardian, or adult, there
may be other members of the permittee's immediate family in the vehicle and when
accompanied by a driver's education teacher there may be one or more fellow driver's
education students in the vehicle.
Proposed law provides that in addition to a licensed parent, sibling, guardian, or adult, there
may be other members of the intermediate licensee's immediate family in the vehicle.
Unless accompanied by a licensed parent, guardian, or adult at least age 21 or older, an
intermediate licensee may not at any time transport more than one passenger that is under
20 years of age.
Present law provides that upon completing the Class "E" intermediate licensing stage, and
upon demonstrating that the licensee has remained accident free, except in cases where the
licensee was not at fault, has received no convictions for moving violations, and has received
no convictions for violations of the seat belt or curfew laws of this for 12 consecutive
months after being issued his intermediate license, an applicant may be issued full Class "E"
driving privileges.
Proposed law adds requirement to present law that the driver not be convicted of any laws
pertaining to drug or alcohol use for 12 consecutive months after being issued his
intermediate license to be issued full Class "E" driving privileges.
Proposed law requires that the intermediate licensee shall not place the vehicle in motion
until every occupant of the vehicle has been retrained by a properly fastened seat belt or
other occupant restraint system unless such person is not required to be restrained pursuant
to R.S. 32:295.1. HLS 10RS-2204 ENGROSSED
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Present law provides for special provisions for unemancipated minors who apply for any
type of license between the ages of 15 and 18 and suspension terms.
Proposed law repeals present law.
Effective Jan. 1, 2011.
(Amends R.S. 32:402.1(A), 407(A)(2)(a), (b), (3), (4), and (5); Adds R.S. 32:407(A)(6);
Repeals R.S. 32:407(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the engrossed bill.
1. Provided that no application for the operation of a motor vehicle shall be
received from any person 18 years of age or older, rather than 17 year of age or
older, making an application for the first time unless certain conditions regarding
driver education or prelicensing training courses are met by the applicant.
2. Provided that the driving time restriction imposed on intermediate licensees shall
not apply if he is traveling to and from school sponsored events or his place of
employment.
3. Provided for an effective date of Jan. 1, 2011.