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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. 32:405.1 and 407(A)(3), (4), and (5), to enact R.S. 32:407(A)(6),2
and to repeal R.S. 32:407(E), relative to driver's licenses for minors; to provide3
additional requirements and restrictions for driver's licenses for minors; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:405.1 and 407(A)(3), (4), and (5) are hereby amended and7
reenacted and R.S. 32:407(A)(6) is hereby enacted to read as follows:8
§405.1. Age requirements9
Subject to R.S. 32:407, a Class "E" driver's license or a Class "D" chauffeur's10
license shall be granted to a person seventeen years of age or above. Class "A", "B",11
or "C" licenses shall be granted only to persons eighteen years of age or above.12
Notwithstanding any provision to the contrary, a seventeen year old or older first13
time applicant for a Class "E" license shall provide a signed statement to the14
department attesting that the applicant has completed a minimum of fifty hours of15
supervised driving practice with a licensed parent, guardian, or adult at least age16
twenty-one or older. At least fifteen of these hours must be nighttime driving.17
However, hazardous materials endorsements shall be issued only to persons twenty-18
one years of age or above. The age limitations are subject to the minimum age19
requirements set forth in the Federal Motor Carrier Safety Act of 1986 and the20 HLS 10RS-2204 REENGROSSED
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regulations promulgated thereunder relative to licensing of carriers in interstate1
commerce.2
* * *3
§407. Application of minors; revocation; applications of persons less than twenty-4
one years of age5
A.(1)6
* * *7
(3) The Class "E" learner's license may be converted to a Class "E"8
intermediate license upon the applicant being at least sixteen years of age and9
passing an on-road driving test, provided that the applicant has held the license for10
at least one hundred eighty days if he is not seventeen years of age. No applicant11
shall be issued a Class "E" intermediate license unless a signed statement by the12
parent or legal guardian is provided to the department attesting that the applicant has13
a minimum of thirty-five hours of behind the wheel driving experience with a14
licensed adult driver. The intermediate license shall restrict those under the age of15
seventeen from driving between 11:00 p.m. and 5:00 a.m. unless otherwise16
accompanied by a licensed parent or guardian, by a licensed adult at least twenty-one17
years of age, or by a licensed sibling at least eighteen years of age. In addition to a18
licensed parent, sibling, guardian, or adult, there may be other members of the19
permittee's immediate family in the vehicle and when accompanied by a driver's20
education teacher there may be one or more fellow driver's education students in the21
vehicle. meeting the following conditions:22
(a) The applicant's parent or legal guardian must provide a signed statement23
to the department attesting that the applicant has completed a minimum of fifty hours24
of supervised driving practice with a licensed parent, guardian, or adult at least age25
twenty-one or older. At least fifteen of these hours must be nighttime driving.26
(b) The applicant must pass an on-road driving test.27
(c) The applicant must have held the Class "E" learner's license for at least28
one hundred eighty days if he is not seventeen years of age while remaining accident29 HLS 10RS-2204 REENGROSSED
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free, except where the licensee was not at fault, and receiving no convictions for1
moving violations or violations of the seat belt or curfew laws of this state or any law2
pertaining to drug or alcohol use.3
(4) The intermediate license shall restrict those under the age of seventeen4
from driving between 11:00 p.m. and 5:00 a.m. unless otherwise accompanied by a5
licensed parent or guardian, a licensed adult at least twenty-one years of age, or a6
licensed sibling at least eighteen years of age. In addition to a licensed parent,7
sibling, or guardian, there may be other members of the permittee's immediate family8
in the vehicle. Unless accompanied by a licensed parent, guardian, or adult at least9
age twenty-one or older, an intermediate licensee may not at any time transport more10
than one passenger that is under twenty-one years of age and not a member of the11
intermediate licensee's immediate family. When the intermediate licencee is12
accompanied by a driver's education teacher, there may be one or more fellow13
driver's education students in the vehicle. The intermediate licensee shall not place14
the vehicle in motion until every occupant of the vehicle has been retrained by a15
properly fastened seat belt or other occupant restraint system unless such person is16
not required to be restrained pursuant to R.S. 32:295.1.17
(4) (5) Upon completing the Class "E" intermediate licensing stage, and upon18
demonstrating that the licensee has remained accident free, except in cases where the19
licensee was not at fault, has received no convictions for moving violations, and has20
received no convictions for violations of the seat belt or curfew laws of this state or21
any laws pertaining to drug or alcohol use for twelve consecutive months after being22
issued his intermediate license, an applicant may be issued full Class "E" driving23
privileges.24
(5) (6) The department may establish rules and regulations to extend the term25
of the intermediate license if an applicant's license has been suspended, the applicant26
has been placed on probation by a court due to a driving violation, or the applicant27
has violated any of the provisions of Paragraph (4) (5) of this Subsection. The term28
of the extension of the intermediate license shall be for no less than thirty days nor29 HLS 10RS-2204 REENGROSSED
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more than one hundred eighty days from the end of any suspension or probation1
period, or from the date he would otherwise have been eligible to apply for a Class2
"E" permanent license in the case of a violation of Paragraph (4) (5) of this3
Subsection. The applicant shall attend and successfully complete either an approved4
driver education course or prelicensing training course, regardless of any prior5
completion of such course, as a condition of reinstatement of the license suspended6
pursuant to this Paragraph. The licensee shall have the right to an administrative7
hearing to appeal the determination of the department to extend the applicant's8
intermediate license. The provisions of this Paragraph shall apply to any licensee9
who has not attained the age of eighteen.10
* * *11
Section 2. R.S. 32:407(E) is hereby repealed in its entirety.12
Section 3. This Act shall become effective on January 1, 2011.13
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 first time application for a Class "E" license shall be received
from any person 17 years of age or older unless there is also submitted with the application
written evidence of the successful completion by the applicant of a full 28 hour driver's
education course or of an approved six hour "pre-licensing" training course.
Proposed law retains present law and adds that no first time application for a Class "E"
license shall be received from any person 17 years of age or older unless there is also
submitted with the application a signed statement to the department attesting that the
applicant has completed a minimum of fifty hours of supervised driving practice with a
licensed parent, guardian, or adult at least age 21 or older. At least 15 hours must be
nighttime driving.
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.
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: HLS 10RS-2204 REENGROSSED
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(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 15
of these hours must be nighttime driving.
(b)The applicant must pass an on-road driving test.
(c)The applicant must remain 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.
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 retains present law and adds that, 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 non-immediate family member passenger that is under 21 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.
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. 32:405.1, 407(A)(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. HLS 10RS-2204 REENGROSSED
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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.
House Floor Amendments to the engrossed bill.
1. Restored age requirements to transition from a Learner's Permit, Intermediate
License, and Class "E" driver's license to present law requirements.
2. Deleted all committee amendments, except for amendment pertaining to
effective date.
3. Added that no first time application for a Class "E" license shall be received from
any person 17 years of age or older unless there is also submitted with the
application a signed statement to the department attesting that the applicant has
completed a minimum of 50 hours of supervised driving practice with a licensed
parent, guardian, or adult at least age 21 or older. At least 15 hours must be
nighttime driving.
4. Added that 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 non-immediate family member passenger that is under 21 years of age.