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Regular Session, 2011
SENATE BILL NO. 164
BY SENATOR ERDEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DRIVER EDUCATION. Requires currently licensed or contracted third-party testers
administering driver's education courses to be licensed or contracted to administer on-road
driving skills tests; requires such third-party testers to administer such test; and requires
driver education courses or "prelicensing training courses" before issuance of most first-time
driver's licenses (8/15/11)
AN ACT1
To amend and reenact R.S. 32:402 (B)(1)(a)(ii)(aa), 402.1(A), (B) and (C), and 407(A)(3),2
and R.S. 40:1461(A), (C), and (E) and to enact R.S. 40:1461(F) and (G), relative to3
driver education; to provide relative to licensing of private training and driving4
instructor schools; to provide relative to the on-road driving skills test; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:402 (B)(1)(a)(ii)(aa), 402.1(A), (B) and (C) and 407(A)(3) are8
hereby amended and reenacted to read as follows: 9
§402. All drivers must secure license; exception; emergency vehicle exceptions;10
military personnel exceptions; violations11
* * *12
B.(1)(a)(i) * * *13
(ii) The provisions of Item (i) of this Subparagraph shall not apply in the14
following circumstances:15
(aa) When an agent, a properly licensed and contracted third-party tester,16
or employee of the office of motor vehicles is administering an on-road driving skills17 SB NO. 164
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test required to obtain a Class "D" or "E" driver's license as provided in R.S. 32:4081
or to convert a Class "E" learner's license to a Class "E" intermediate license2
as provided in R.S. 32:407.3
* * *4
§402.1. Driver education; required5
A. (1) No application for a license for the operation of a motor vehicle shall6
be received from any person seventeen years or older making application for the first7
time unless there is also submitted with the application, on a form approved by the8
secretary of the Department of Public Safety and Corrections or the Department of9
Education, written evidence of the successful completion by the applicant of one of10
the following:11
(1)(a) A "driver education course", which shall consist of not less than eight12
hours of actual driving experience and thirty hours of classroom instruction,13
including but not limited to training on railroad and highway grade crossing safety14
and on sharing the road with motorcycles and tractor/-trailer trucks and at least thirty15
minutes of instruction relative to organ and tissue donation, approved by the16
Department of Public Safety and Corrections or the Department of Education. Upon17
completion of the required supervised driving practice pursuant to R.S.18
32:405.1 and R.S. 32:407, a properly licensed and contracted third-party tester19
may administer the on-road driving skills test to the student. Upon successful20
completion, such third-party tester shall provide the student with a department21
approved certificate of successful completion in a sealed envelope to be22
delivered to the department.23
(2)(b) A "prelicensing training course" if a behind-the-wheel course is not24
completed. The prelicensing training course shall consist of a minimum of six hours25
of instruction in the National Safety Council's defensive driving course, Louisiana's26
traffic safety laws, and substance abuse education, or shall be an equivalent course27
approved and certified by the Department of Public Safety and Corrections. The28
course shall include training in railroad and highway grade crossing safety and on29 SB NO. 164
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sharing the road with motorcycles and tractor/trailer trucks and at least thirty minutes1
of instruction relative to organ and tissue donation. The secretary of the Department2
of Public Safety and Corrections shall adopt rules relating to the "prelicensing3
training course". Oversight review of these rules shall be conducted by the House4
and Senate Ccommittees on Ttransportation, Hhighways and Ppublic Wworks. The5
rules shall provide for:6
(a)(i) Licensing of training agencies.7
(b)(ii) Course content and presentation.8
(c)(iii) Instructor qualifications and certification.9
(d)(iv) Classroom size and facilities.10
(e)(v) Certificates of completion.11
(f)(vi) Required records and reporting.12
(g)(vii) Fees, which shall not exceed fifty dollars per student.13
(h)(viii) Penalties.14
(3)(2)(a) No student shall be required to take the organ and tissue donation15
instruction required as part of any "driver education course" or "prelicensing training16
course" if he, or his parent or tutor if he is a minor, submits a written statement17
indicating that such instruction conflicts with his religious beliefs.18
(b) The portion of the "driver education course" or "prelicensing training19
course" approved by the Department of Public Safety and Corrections involving20
instruction on organ and tissue donation shall be developed in conjunction with the21
federally designated organ procurement organization for the state of Louisiana.22
* * *23
B. The provisions of this Section shall not apply to any person applying for24
a renewal license under the provisions of this Chapter or to any person living twenty-25
five miles or more distant from a location providing a "prelicensing training course".26
C. Beginning one year after the appropriation of funds by the legislature to27
the State Department of Education for the implementation of a driver education and28
training program for all children of secondary school age in each parish of this state,29 SB NO. 164
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and upon the certification by the state superintendent of education to the secretary1
of public safety that such program is operating in each parish of this state, no No2
application for the operation of a motor vehicle shall be received from a minor3
sixteen years of age or older younger unless there is also submitted with the4
application, on a form approved by the secretary of the Department of Public5
Safety and Corrections or his designee public safety, written evidence of the6
successful completion by the applicant of a "driver education course" approved by7
the State Board of Elementary and Secondary Education or the Department of Public8
Safety and Corrections. Upon completion of the required supervised driving9
practice pursuant to R.S. 32:405.1 and R.S. 32:407, a properly licensed and10
contracted third-party tester may administer the on-road driving skills test to11
the student. Upon successful completion, the contractor-third-party tester shall12
provide the student with a department-approved certificate of successful13
completion in a sealed envelope to be delivered to the department.14
* * *15
§407. Application of minors; revocation; applications of persons less than twenty-16
one years of age17
A. * * *18
(3) The Class "E" learner's license may be converted to a Class "E"19
intermediate license upon the applicant being at least sixteen years of age and20
meeting the following conditions:21
(a) The applicant's parent or legal guardian must shall provide a signed22
statement to the department attesting that the applicant has completed a minimum23
of fifty hours of supervised driving practice with a licensed parent, guardian, or adult24
at least age twenty-one or older. At least fifteen of these hours must be nighttime25
driving.26
(b) The applicant must shall pass an on-road driving skills test. An applicant27
may satisfy this requirement by one of the following means:28
(i) The applicant passes the test administered by an employee of the29 SB NO. 164
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department.1
(ii) The applicant provides a certificate to the department from an agent2
or properly licensed and contracted third-party tester as provided in this3
Chapter.4
(c) The applicant must shall have held the Class "E" learner's license for at5
least one hundred eighty days if he is not seventeen years of age while remaining6
accident free, except where the licensee was not at fault, and receiving no7
convictions for moving violations or violations of the seat belt or curfew laws of this8
state or any law pertaining to drug or alcohol use.9
* * *10
Section 2. R. S. 40:1461(A), (C), and (E) are hereby amended and reenacted and R.S.11
40:1461(F) and (G) are hereby enacted to read as follows:12
§1461. Licensing or contracting of private training and driving instructor schools13
A. Every person engaged in the business of operating a private driving14
instructor training school or agency, or providing driving courses, shall apply for and15
procure a license from the Department of Public Safety and Corrections. No person16
shall advertise or otherwise hold himself before the public, for remuneration, as17
qualified or licensed to train or instruct without having first obtained a license.18
* * *19
C. The secretary may make shall adopt rules and regulations governing the20
making, issuance, and revocation of licenses and qualifications of each applicant.21
* * *22
E. The fees collected under this Section shall be paid to the office of motor23
vehicles of the Department of Public Safety and Corrections and used for its24
maintenance, operation, and supervision.25
F. Every person licensed or contracted pursuant to this Section to26
operate a private driving instructor training school or agency, or providing27
driving courses, shall also be or become licensed or contracted on or before28
June 30, 2012, as a third-party tester pursuant to R.S. 32:408. Any currently29 SB NO. 164
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licensed or contracted driving school or instructor who fails to become licensed1
as a third-party tester on or before June 30, 2012, shall be deemed to be2
ineligible to engage in the business of operating a private driving school, or3
instructing in a driving course in any manner until such school or instructor4
obtains such license or contract.5
G. Every person properly licensed pursuant to this Section on or after6
June 30, 2012, shall administer in accordance with law and administrative rules7
promulgated by the Department of Public Safety and Corrections, both the8
knowledge and on-road driving skills tests required for the issuance of a Class9
"D" or "E" license in Louisiana.10
The original instrument was prepared by Sharon F. Lyles. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Erdey (SB 164)
Present law requires most people to pass an on-road driving skills test administered by the
state or a "third party tester" such as a private driving school or agency before receiving a
driver's license.
Proposed law requires every person licensed to operate a private driving school or agency,
or to provide driving courses by the DPSC on or after June 30, 2012, to administer the
knowledge and on-road driving skills test required for the issuance of a Louisiana Class "D"
or "E" license.
Proposed law requires a person licensed or contracted to operate a private driver education
school or agency or to provide driving courses to be or become licensed or contracted on or
before June 30, 2012, as a third party tester pursuant to R.S. 32:408. Until the license or
contract is obtained the person is ineligible to operate a driver's education course or instruct
in such a course.
Present law requires a first-time application for a driver's license received from a person 17
years or older to contain written evidence of the successful completion by the applicant of
either (1) a "driver education course"or (2) a "prelicensing training course" if a behind-the-
wheel course is not completed. However, any person living 25 miles or more distant from
a location providing a "prelicensing training course" is exempt from this requirement.
Proposed law requires any first time applicant for a driver's license to complete either of the
courses above and deletes the 25-mile exemption.
Present law provides that an application for a driver's license received from a person 16
years of age or older must contain written evidence of the successful completion by the
applicant of an approved "driver education course"one year after the appropriation of funds
by the legislature to the State Department of Education for the implementation of a driver
education and training program for all children of secondary school age in each parish of the SB NO. 164
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state, and upon the certification by the state superintendent of education to the secretary of
public safety that such program is operating in each parish of this state.
Proposed law requires the driver's education course of applicants 16 years of age or younger
and eliminates the requirement for an appropriation and certification by the Department of
Education of a state-wide driver education course in each parish before the completion of
the driver education course is required of applicants 16 years of age or younger.
Present law provides that a Class "E" driver's license or a Class "D" chauffeur's license shall
be granted to a person 17 years old or above subject to R.S. 32:407.
Present law provides that notwithstanding any provision to the contrary, a 17-year-old or
older 1
st
time applicant for a Class "E" license shall provide 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 and that at
least 15 of such hours are nighttime driving.
Present law provides that a Class "E" learner's license may be converted to a Class "E"
intermediate license once an applicant is at least 16 years of age and meets the following
requirements:
1. Completes at least 50 hours of supervised driving practice, 15 hours of which must
be nighttime driving and presents a signed statement attesting to such driving
practice by applicant's parent or legal guardian.
2. Passes an on-road driving test.
3. Has held a Class "E" learner's license for at least 180 days and remains accident free,
except where applicant was not at fault, and has not been convicted of a moving
violation, a seat belt violation, or a violation of curfew, or drug or alcohol use laws.
Proposed law retains present law and specifically provides for a driver education instructor
to administer the on-road driving skills test and to issue a department approved certificate
of completion of such test to the department.
Effective August 15, 2011.
(Amends R.S. 32:402(B)(1)(a)(ii)(aa), 402.1(A), (B), and (C), and 407(A)(3), and R.S.
40:1461(A), (C), and (E); adds R.S. 40:1461(F) and (G))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill.
1. Requires any first time application for a driver's license to complete either (1)
a "driver education course"or (2) a "prelicensing training course" if a behind-
the-wheel course is not completed.
2. Specifies that the driver's education instructor or 3
rd
party tester must be
"contracted" as well as licensed to administer the on-road driving skills test.
3. Requires currently contracted driving instructor training schools or agencies,
or those providing courses, to also become "licensed or contracted" as a
third-party tester before June 30, 2012. SB NO. 164
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Senate Floor Amendments to engrossed bill.
1. Technical amendments.