ENROLLED
Page 1 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 294
Regular Session, 2011
HOUSE BILL NO. 534
BY REPRESENTATIVE CARTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 22:1457(A)(2), R.S. 32:402(B)(1)(a)(ii)(bb),2
402.1(A)(introductory paragraph), (1), (2)(introductory paragraph), (a), (b), and (g),3
407(A)(2)(a), (4), and (6), 408(A)(1), (3), and(4)(a), 408.1(introductory paragraph)4
and (2), 416, 417(A), 422, 422.1, R.S. 40:1461, R.S. 47:305.26 and 479.1, to enact5
R.S. 32:402.1(A)(3)(c), and to repeal R.S. 17:270, 271, and 271.1, R.S.6
32:402.1(A)(2)(h) and (3)(a) and (b), (B), and (C) and 402.2, relative to driver's7
education programs; to consolidate all driver's education programs and instruction8
under the Department of Public Safety and Corrections, public safety services; to9
remove all driver's education programs and instruction from the Department of10
Education; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 22:1457(A)(2) is hereby amended and reenacted to read as follows:13
§1457. Discounts; rate reductions14
A.(1)15
* * *16
(2) The form of certification shall be as determined by the commissioner.17
The credit shall not apply to experience-rated or assigned risk policies, or to policies18
subject to a discount for an approved driver education course sanctioned by the19
Department of Education Public Safety and Corrections, public safety services, or20
required to pay a substandard risk surcharge for such insurance, or to any person21
whose enrollment in a defensive driving course resulted from a court order or22
sentence directing such enrollment.23
* * *24 ENROLLEDHB NO. 534
Page 2 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 2. R.S.32:402(B)(1)(a)(ii)(bb), 402.1(A)(introductory paragraph), (1),1
(2)(introductory paragraph), (a), (b), and (g), 407(A)(2)(a), (4), and (6), 408(A)(1), (3), and2
(4)(a), 408.1(introductory paragraph) and (2), 416, 417(A), 422, 422.1 are hereby amended3
and reenacted and R.S. 32:402.1(A)(3)(c) is hereby enacted to read as follows:4
§402. All drivers must secure license; exception; emergency vehicle exceptions5
exception; military personnel exceptions; violations6
* * *7
B.(1)(a)(i)8
* * *9
(ii) The provisions of Item (i) of this Subparagraph shall not apply in the10
following circumstances:11
(aa)12
* * *13
(bb) When an unlicensed minor is participating in a driver education course14
or a prelicensing training course approved and certified by the Department of Public15
Safety and Corrections, public safety services or the Department of Education.16
* * *17
§402.1. Driver education; required18
A. No application for a license for the operation of a motor vehicle shall be19
received from any person seventeen years or older making application for the first20
time unless there is also submitted with the application, on a form approved by the21
secretary of the Department of Public Safety and Corrections, public safety services22
or the Department of Education, written evidence of the successful completion by23
the applicant of one of the following:24
(1) A "driver education course" for minors under the age of seventeen, which25
shall consist of not less than eight hours of actual driving experience instruction and26
thirty hours of classroom instruction, including but not limited to training on railroad27
and highway grade crossing safety and on sharing the road with motorcycles and28
tractor/trailer trucks and at least thirty minutes of instruction relative to organ and29
tissue donation, approved by the Department of Public Safety and Corrections or the30 ENROLLEDHB NO. 534
Page 3 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Department of Education. The Department of Public Safety and Corrections, public1
safety services, shall establish rules and regulations to administer and define the2
requirements of the course. The rules and regulations established by the Department3
of Public Safety and Corrections, public safety services, shall provide for instruction4
relative to the economic effects of littering. Oversight review of these rules shall be5
conducted by the House and Senate committees on transportation, highways and6
public works in accordance with the Administrative Procedure Act.7
(2) A "prelicensing training course" from any person seventeen years or8
older if a behind-the-wheel course driver education course is not completed. The9
prelicensing training course shall consist of a minimum of six hours of instruction10
in the National Safety Council's defensive driving course, Louisiana's traffic safety11
laws, and substance abuse education, or shall be an equivalent course approved and12
certified by the Department of Public Safety and Corrections. The Department of13
Public Safety and Corrections, public safety services, shall establish rules and14
regulations to administer and define the requirements of the course. The course shall15
include training in railroad and highway grade crossing safety and on sharing the16
road with motorcycles and tractor/trailer trucks and at least thirty minutes of17
instruction relative to organ and tissue donation. The secretary of the Department18
of Public Safety and Corrections shall adopt rules relating to the "prelicensing19
training course". Oversight review of these rules shall be conducted by the House20
and Senate Committees on Transportation, Highways and Public Works committees21
on transportation, highways and public works in accordance with the Administrative22
Procedure Act. The rules shall provide for:23
(a) Licensing or contractual requirements for third-party of training agencies24
schools and high school instructors.25
(b) Course content and presentation, including content relative to the26
economic effects of littering.27
* * *28
(g) Fees, which shall not exceed fifty dollars per student.29 ENROLLEDHB NO. 534
Page 4 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(h) (g) Penalties for noncompliance of the mandatory instructional and1
driving requirements and penalties for the falsification of documents and certificates.2
(3)3
* * *4
(c) The Department of Public Safety and Corrections, public safety services,5
shall establish the portion of the "driver education course" or "prelicensing training6
course" relative to the economic effects of littering in conjunction with Keep7
Louisiana Beautiful, Inc.8
* * *9
§407. Application of minors; revocation; applications of persons less than twenty-10
one years of age11
A.(1)12
* * *13
(2)(a) Upon completion of a driver's education course approved by the14
Department of Public Safety and Corrections , public safety services, or the15
Department of Education and upon passing a visual examination and a road16
knowledge test, including rules of the road, signs, and signals, sharing the road with17
motorcycles and tractor/trailer trucks, and not less than two questions relative to18
railroad and highway grade railroad safety, an applicant at least fifteen years of age,19
but less than seventeen years of age, applying for the first time may be issued a Class20
"E" learner's license. The license may be issued for a four-year period at the same21
fee as a Class "E" driver's license and must be maintained for at least one hundred22
eighty days, unless prior to such time the driver reaches seventeen years of age, prior23
to being converted to a Class "E" intermediate driver's license. The Class "E"24
learner's license shall authorize the holder to drive while being accompanied by a25
licensed parent, guardian, adult at least age twenty-one or older, or licensed sibling26
at least age eighteen or older.27
* * *28
(4) The intermediate license shall restrict those under the age of seventeen29
from driving between 11:00 p.m. and 5:00 a.m. unless otherwise accompanied by a30 ENROLLEDHB NO. 534
Page 5 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
licensed parent or guardian, a licensed adult at least twenty-one years of age, or a1
licensed sibling at least eighteen years of age. In addition to a licensed parent,2
sibling, or guardian, there may be other members of the permittee's licensee's3
immediate family in the vehicle. Unless accompanied by a licensed parent, guardian,4
or adult at least age twenty-one or older, an intermediate licensee may not between5
the hours of 6:00 p.m. and 5:00 a.m. transport more than one passenger that is under6
twenty-one years of age and not a member of the intermediate licensee's immediate7
family. When the intermediate licencee licensee is accompanied by a driver's8
education teacher instructor, there may be one or more fellow driver's education9
students in the vehicle. The intermediate licensee shall not place the vehicle in10
motion until every occupant of the vehicle has been restrained by a properly fastened11
seat belt or other occupant restraint system unless such person is not required to be12
restrained pursuant to R.S. 32:295.1.13
* * *14
(6) The department may establish rules and regulations to extend the term15
of the intermediate license if an applicant's license has been suspended, the applicant16
has been placed on probation by a court due to a driving violation, or the applicant17
has violated any of the provisions of Paragraph (5) of this Subsection. The term of18
the extension of the intermediate license shall be for no less than thirty days nor19
more than one hundred eighty days from the end of any suspension or probation20
period, or from the date he would otherwise have been eligible to apply for a Class21
"E" permanent license in the case of a violation of Paragraph (5) of this Subsection.22
The applicant shall attend and successfully complete either an approved driver23
education course or prelicensing training course established under contract or license24
with the Department of Public Safety and Corrections, public safety services,25
regardless of any prior completion of such course, as a condition of reinstatement of26
the license suspended pursuant to this Paragraph. The licensee shall have the right27
to an administrative hearing to appeal the determination of the department to extend28 ENROLLEDHB NO. 534
Page 6 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the applicant's intermediate license. The provisions of this Paragraph shall apply to1
any licensee who has not attained the age of eighteen.2
* * *3
§408. Examination of applicants required; classes of licenses4
A.(1) Except as otherwise provided, every applicant must pass a written5
knowledge and skills test for a motor vehicle representative of the type of motor6
vehicle he operates or expects to operate, or provide evidence on a form approved7
by the department that he has successfully passed the written knowledge test and a8
driving or skills test administered by an authorized third party. In addition to the9
specialized knowledge and skills tests, each such examination shall include: a test10
of the applicant's eyesight; his ability to understand highway signs regulating,11
warning, and directing traffic; his knowledge of railroad and highway grade crossing12
safety; his knowledge of sharing the road with motorcycles and tractor/trailer trucks;13
his knowledge of the economic effects of littering; and his knowledge of all relevant14
traffic regulations.15
* * *16
(3) Each knowledge test for a Group "D" or "E" vehicle shall contain at least17
thirty thirty-two items, exclusive of the number of items testing airbrake knowledge.18
Not less than two of the thirty thirty-two items shall be relative to railroad and19
highway grade crossing safety. Not less than two of the thirty-two items shall be20
relative to the economic effects of littering. For each endorsement, the knowledge21
test and the airbrake component of the basic knowledge test shall contain a number22
of questions that is are sufficient to test the applicant's knowledge of the required23
subject matter with validity and reliability. The applicant for a Class "A", "B", "C",24
"D", or "E" license shall correctly answer at least eighty percent of the questions on25
each knowledge test in order to achieve a passing score on such knowledge test. To26
achieve a passing score on the skills test, an applicant for a Class "A", "B", "C", "D",27
or "E" license shall demonstrate that he can successfully perform all of the required28
skills. If an applicant for a Class "A", "B", or "C" commercial driver's license scores29
less than eighty percent on the airbrake component of the basic knowledge test, the30 ENROLLEDHB NO. 534
Page 7 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
driver shall fail the airbrake component and, if the driver is issued a driver's license,1
an airbrake restriction shall be indicated on the commercial driver's license. If an2
applicant for a Class "A", "B", or "C" commercial driver's license performs the skills3
test in a vehicle not equipped with air brakes, the driver shall have omitted the4
airbrake component of the skills test and, if the driver is issued a driver's license, the5
airbrake restriction shall be indicated on the license.6
(4)(a) The knowledge and skills tests for all applicants may be administered7
by the department or the department may elect to authorize a third party, including8
another state, an employer, a public license tag agent, a private training facility or9
other private institution, driver education course provider, or a department, agency,10
or instrumentality of state or local government, to administer knowledge and skills11
tests to applicants for Class "D" or "E" drivers' licenses and to administer skills tests12
to applicants for a Class "A", "B", or "C" commercial driver's license. The13
department may contract with or enter into agreements with such third parties or14
certify or license them to perform the testing. However, the department shall ensure15
that examiners are qualified to administer the tests on the basis of training or other16
experience. The department shall establish minimum qualifications for persons17
administering driver's license tests and prescribe the procedures to be used, including18
procedures which ensure confidentiality of tests. The tests given by the third party19
shall be the same as those that would otherwise be given by the department.20
* * *21
§408.1. Third party testing; proof of testing22
The Department of Public Safety and Corrections, public safety services, may23
authorize contract with or license another state, an employer, a private driver training24
facility, driver education course provider, or other private institution, or a25
department, agency, or instrumentality of a local government to administer the skills26
tests as specified herein if all of the following conditions are met:27
(1) 28
* * *29 ENROLLEDHB NO. 534
Page 8 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) The third party has an agreement a contract or license with the1
department containing, at a minimum, provisions which:2
(a) Allow the Department of Public Safety and Corrections , public safety3
services, or its representative to conduct random examinations, inspections, and4
audits without prior notice;5
(b) Require the Department of Public Safety and Corrections , public safety6
services, to conduct onsite inspections at least annually;7
(c) Require that all third party third-party examiners meet the same8
qualification and training standards as Department of Public Safety and Corrections,9
public safety services, examiners to the extent necessary to conduct skills tests in10
compliance herein;11
(d) Require that, at least on an annual basis, designated Department of Public12
Safety and Corrections, public safety services, employees take the tests actually13
administered by the third party as if said employee were a test applicant, or that the14
Department of Public Safety and Corrections , public safety services, test a sample15
of drivers who were examined by the third party to compare pass/fail results; and16
(e) Reserve unto the Department of Public Safety and Corrections , public17
safety services, the right to take prompt and appropriate remedial action against the18
third-party testers in the event that the third-party third party fails to comply with19
state or federal standards for the commercial driver's license testing program or with20
any other terms of the third-party contract. 21
* * *22
§416. Unlawful operation by persons under the age of seventeen; parents23
responsible24
No person shall cause or knowingly permit his child or ward, under the age25
of seventeen years, to drive a motor vehicle or a power cycle upon any public road26
or highway unless such child or ward is licensed by the state to do so. However, the27
provisions of this Section shall not apply to a minor who is participating in a driver28
education course or a prelicensing training course approved and certified by the29 ENROLLEDHB NO. 534
Page 9 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Department of Public Safety and Corrections, public safety services or the1
Department of Education.2
* * *3
§417. Allowing unlicensed person under the age of seventeen to drive4
A. It shall be unlawful for any person to cause or knowingly permit a minor5
child under the age of seventeen to drive a motor vehicle or a power cycle upon any6
public road or highway in this state unless such child shall have first obtained a7
license to drive a motor vehicle or a power cycle. However, the provisions of this8
Subsection shall not apply to a minor who is participating in a driver education9
course or a prelicensing training course approved and certified by the Department of10
Public Safety and Corrections, public safety services or the Department of11
Education.12
* * *13
§422. Learner's license; driving school instruction permit; special restrictions on14
motorcycles15
A. Any person who is at least seventeen years of age may apply to the16
department for a learner's license to drive motor vehicles or power cycles, provided17
such person has completed a driving course in accordance with R.S. 32:402.1. The18
department may, in its discretion, after the applicant has successfully passed all parts19
of the examination, other than the driving test, issue to the applicant a learner's20
license at the regular fee of a Class "E" driver's license, which shall entitle the21
applicant while having such license in his immediate possession to drive a motor22
vehicle upon public highways when accompanied by a licensed parent or guardian,23
by a licensed adult at least twenty-one years of age, or by a licensed sibling at least24
eighteen years of age. In addition to a licensed parent, sibling, guardian, or adult,25
there may be other members of the permittee's licensee's immediate family in the26
vehicle, and when accompanied by a driver's education teacher instructor, there may27
be one or more fellow driver's education students in the vehicle. It shall be unlawful28
for any other person to accompany the beginner and licensed driver, except in the29
event the applicant is operating a motorcycle. Any person under the age of30 ENROLLEDHB NO. 534
Page 10 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
seventeen who has a valid learner's license and is operating a motorcycle is restricted1
to a distance of three miles from the applicant's residence, unless a parent, tutor, or2
other person having custody is temporarily staying or residing at another location,3
where the applicant would be restricted to within three miles of that location. Any4
person seventeen years of age or older being issued a learner's license may apply for5
a regular Class "E" license thirty days after the issuance of a learner's license, or at6
any time after the issuance of the learner's license provided the applicant provides7
proof that the applicant has completed an approved thirty-six hour driver education8
course, and there shall not be any additional fee for the regular license.9
B. Any person who is at least fifteen years of age may apply to the10
department for a school instruction permit if he is enrolled in a driver education11
course conducted by a person who meets certification requirements as established12
by the State Board of Elementary and Secondary Education or the Department of13
Public Safety and Corrections, public safety services, for teachers instructors of14
driver education and traffic safety. The department may, in its discretion, after the15
applicant has successfully passed all parts of the examination, other than the driving16
test, issue to the applicant a school instruction permit for which no fee shall be17
charged. Such driving school instruction permit shall be valid only during the period18
of such instruction, and when the person to whom the permit is issued is19
accompanied by the high school instructor of driver education and traffic safety.20
Such permit shall be in the possession of the instructor during the period of its21
validity and shall be presented at any time for examination, when so requested by22
any law enforcement officer. Upon completion of such course of instruction, it shall23
be the responsibility of the instructor, as directed by the department, to return for24
cancellation any and all permits which have been issued and are held by him.25
§422.1. Driver training school permits26
A. Persons licensed or contracted with by the Department of Public Safety27
and Corrections, public safety services, to engage in the business of operating a28
driver training school or licensed approved and certified instructors for such schools29
shall be authorized to issue Class "E" student driving permits on forms provided by30 ENROLLEDHB NO. 534
Page 11 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the Department of Public Safety and Corrections , public safety services, in1
accordance with rules and regulations of the department. The Class "E" driving2
training school permits may be issued to persons who meet the age requirement for3
public school driver education courses. Such The permit shall be valid only when4
the student is accompanied by a licensed an approved and certified instructor, and5
the licensed approved and certified instructor shall maintain possession of the permit6
for a period of time established by rule. A copy of the same permit shall be given7
to the student upon completion of the course with certification thereon of the8
instructor as to the student's qualification to drive. Improper issuance of such permit9
shall subject both the driving instructor training school and the instructor to10
suspension or revocation of license.11
B. The Department of Public Safety and Corrections , public safety services,12
shall provide written notice to each operator of a driver training school or licensed13
instructor for such schools of the requirements contained in R.S. 17:270 and R.S.14
32:402.1.15
Section 3. R.S. 40:1461 is hereby amended and reenacted to read as follows:16
§1461. Licensing of Requirements for private training and driving instructor schools17
A. Every person engaged in the business of operating a private driving18
instructor training school or agency, or providing driving courses, shall apply for and19
procure a license from the Department of Public Safety and Corrections, public20
safety services. No person shall advertise or otherwise hold himself before the21
public, for remuneration, as qualified, or licensed, or otherwise approved to train or22
instruct without having first obtained a license or contract with the Department of23
Public Safety and Corrections, public safety services. 24
B. Every person desiring to train or instruct in driving courses shall file a25
written application with the deputy secretary.26
C. The deputy secretary of the Department of Public Safety and Corrections,27
public safety services, may make shall establish rules and regulations governing the28
making, issuance, and revocation of licenses requirements and qualifications of each29
applicant and enumerating the terms of the contract and causes of suspension or30 ENROLLEDHB NO. 534
Page 12 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
revocation of the contract and possible fines for violations committed thereunder in1
accordance with the Administrative Procedure Act and subject to oversight review2
by the House and Senate committees on transportation, highways and public works.3
D. The deputy secretary shall charge a fee of twenty-five dollars for each4
school or agency. The deputy secretary shall charge a fee of ten dollars for each5
additional instructor the school or agency may employ.6
E. The fees collected under this Section shall be paid to the office of motor7
vehicles of the Department of Public Safety and Corrections and used for its8
maintenance, operation, and supervision.9
Section 4. R.S. 47:305.26 and 479.1 are hereby amended and reenacted to read as10
follows:11
§305.26. Exclusions and exemptions; new vehicles furnished by dealers for driver12
education purposes 13
Solely for purposes of the sales or use tax levied by the state, such tax shall14
not be due on vehicles furnished by a dealer in new vehicles when withdrawn from15
inventory and furnished to a secondary school, college, or public school board on a16
free loan basis for exclusive use in a driver education program accredited licensed17
by the Louisiana Department of Education Public Safety and Corrections, public18
safety services.19
* * *20
§479.1. Exemption from registration, title, and license fee or tax for dealers;21
vehicles used exclusively in driver education programs 22
No dealer in new vehicles shall be required to pay the registration, title, and23
license fee or tax when registering a new vehicle withdrawn from inventory and24
furnished to any secondary school, college, or public school board on a free loan25
basis for exclusive use in a driver education program accredited licensed by the26
Department of Education Public Safety and Corrections, public safety services. 27
Section 5. R.S. 17:270, 271, and 271.1 are hereby repealed in their entirety.28 ENROLLEDHB NO. 534
Page 13 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 6. R.S. 32:402.1(A)(2)(h) and (3)(a) and (b), (B), and (C) and 402.2 are1
hereby repealed in their entirety.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: