ENROLLED
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Regular Session, 2010
HOUSE BILL NO. 1339
BY REPRESENTATIVE DOWNS
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
regulations promulgated thereunder relative to licensing of carriers in interstate21
commerce.22
* * *23 ENROLLEDHB NO. 1339
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§407. Application of minors; revocation; applications of persons less than twenty-1
one years of age2
A.(1)3
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(3) The Class "E" learner's license may be converted to a Class "E"5
intermediate license upon the applicant being at least sixteen years of age and6
passing an on-road driving test, provided that the applicant has held the license for7
at least one hundred eighty days if he is not seventeen years of age. No applicant8
shall be issued a Class "E" intermediate license unless a signed statement by the9
parent or legal guardian is provided to the department attesting that the applicant has10
a minimum of thirty-five hours of behind the wheel driving experience with a11
licensed adult driver. The intermediate license shall restrict those under the age of12
seventeen from driving between 11:00 p.m. and 5:00 a.m. unless otherwise13
accompanied by a licensed parent or guardian, by a licensed adult at least twenty-one14
years of age, or by a licensed sibling at least eighteen years of age. In addition to a15
licensed parent, sibling, guardian, or adult, there may be other members of the16
permittee's immediate family in the vehicle and when accompanied by a driver's17
education teacher there may be one or more fellow driver's education students in the18
vehicle. meeting the following conditions:19
(a) The applicant's parent or legal guardian must provide a signed statement20
to the department attesting that the applicant has completed a minimum of fifty hours21
of supervised driving practice with a licensed parent, guardian, or adult at least age22
twenty-one or older. At least fifteen of these hours must be nighttime driving.23
(b) The applicant must pass an on-road driving test.24
(c) The applicant must have held the Class "E" learner's license for at least25
one hundred eighty days if he is not seventeen years of age while remaining accident26
free, except where the licensee was not at fault, and receiving no convictions for27
moving violations or violations of the seat belt or curfew laws of this state or any law28
pertaining to drug or alcohol use.29 ENROLLEDHB NO. 1339
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(4) The intermediate license shall restrict those under the age of seventeen1
from driving between 11:00 p.m. and 5:00 a.m. unless otherwise accompanied by a2
licensed parent or guardian, a licensed adult at least twenty-one years of age, or a3
licensed sibling at least eighteen years of age. In addition to a licensed parent,4
sibling, or guardian, there may be other members of the permittee's immediate family5
in the vehicle. Unless accompanied by a licensed parent, guardian, or adult at least6
age twenty-one or older, an intermediate licensee may not between the hours of 6:007
p.m. and 5:00 a.m. transport more than one passenger that is under twenty-one years8
of age and not a member of the intermediate licensee's immediate family. When the9
intermediate licencee is accompanied by a driver's education teacher, there may be10
one or more fellow driver's education students in the vehicle. The intermediate11
licensee shall not place the vehicle in motion until every occupant of the vehicle has12
been restrained by a properly fastened seat belt or other occupant restraint system13
unless such person is not required to be restrained pursuant to R.S. 32:295.1.14
(4) (5) Upon completing the Class "E" intermediate licensing stage, and upon15
demonstrating that the licensee has remained accident free, except in cases where the16
licensee was not at fault, has received no convictions for moving violations, and has17
received no convictions for violations of the seat belt or curfew laws of this state or18
any laws pertaining to drug or alcohol use for twelve consecutive months after being19
issued his intermediate license, an applicant may be issued full Class "E" driving20
privileges.21
(5) (6) The department may establish rules and regulations to extend the term22
of the intermediate license if an applicant's license has been suspended, the applicant23
has been placed on probation by a court due to a driving violation, or the applicant24
has violated any of the provisions of Paragraph (4) (5) of this Subsection. The term25
of the extension of the intermediate license shall be for no less than thirty days nor26
more than one hundred eighty days from the end of any suspension or probation27
period, or from the date he would otherwise have been eligible to apply for a Class28
"E" permanent license in the case of a violation of Paragraph (4) (5) of this29
Subsection. The applicant shall attend and successfully complete either an approved30 ENROLLEDHB NO. 1339
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driver education course or prelicensing training course, regardless of any prior1
completion of such course, as a condition of reinstatement of the license suspended2
pursuant to this Paragraph. The licensee shall have the right to an administrative3
hearing to appeal the determination of the department to extend the applicant's4
intermediate license. The provisions of this Paragraph shall apply to any licensee5
who has not attained the age of eighteen.6
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Section 2. R.S. 32:407(E) is hereby repealed in its entirety.8
Section 3. This Act shall become effective on January 1, 2011.9
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: