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words in boldface type and underscored are additions.
Regular Session, 2011 ENROLLED
SENATE BILL NO. 164
BY SENATOR ERDEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
test required to obtain a Class "D" or "E" driver's license as provided in R.S. 32:40818
or to convert a Class "E" learner's license to a Class "E" intermediate license19
as provided in R.S. 32:407.20
* * *21
ACT No. 307 SB NO. 164 ENROLLED
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§402.1. Driver education; required1
A. (1) No application for a license for the operation of a motor vehicle shall2
be received from any person seventeen years or older making application for the first3
time unless there is also submitted with the application, on a form approved by the4
secretary of the Department of Public Safety and Corrections or the Department of5
Education, written evidence of the successful completion by the applicant of one of6
the following:7
(1)(a) A "driver education course", which shall consist of not less than eight8
hours of actual driving experience and thirty hours of classroom instruction,9
including but not limited to training on railroad and highway grade crossing safety10
and on sharing the road with motorcycles and tractor/-trailer trucks and at least thirty11
minutes of instruction relative to organ and tissue donation, approved by the12
Department of Public Safety and Corrections or the Department of Education. Upon13
completion of the required supervised driving practice pursuant to R.S.14
32:405.1 and R.S. 32:407, a properly licensed and contracted third-party tester15
may administer the on-road driving skills test to the student. Upon successful16
completion, such third-party tester shall provide the student with a department17
approved certificate of successful completion in a sealed envelope to be18
delivered to the department.19
(2)(b) A "prelicensing training course" if a behind-the-wheel course is not20
completed. The prelicensing training course shall consist of a minimum of six hours21
of instruction in the National Safety Council's defensive driving course, Louisiana's22
traffic safety laws, and substance abuse education, or shall be an equivalent course23
approved and certified by the Department of Public Safety and Corrections. The24
course shall include training in railroad and highway grade crossing safety and on25
sharing the road with motorcycles and tractor/trailer trucks and at least thirty minutes26
of instruction relative to organ and tissue donation. The secretary of the Department27
of Public Safety and Corrections shall adopt rules relating to the "prelicensing28
training course". Oversight review of these rules shall be conducted by the House29
and Senate Ccommittees on Ttransportation, Hhighways and Ppublic Wworks. The30 SB NO. 164 ENROLLED
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rules shall provide for:1
(a)(i) Licensing of training agencies.2
(b)(ii) Course content and presentation.3
(c)(iii) Instructor qualifications and certification.4
(d)(iv) Classroom size and facilities.5
(e)(v) Certificates of completion.6
(f)(vi) Required records and reporting.7
(g)(vii) Fees, which shall not exceed fifty dollars per student.8
(h)(viii) Penalties.9
(3)(2)(a) No student shall be required to take the organ and tissue donation10
instruction required as part of any "driver education course" or "prelicensing training11
course" if he, or his parent or tutor if he is a minor, submits a written statement12
indicating that such instruction conflicts with his religious beliefs.13
(b) The portion of the "driver education course" or "prelicensing training14
course" approved by the Department of Public Safety and Corrections involving15
instruction on organ and tissue donation shall be developed in conjunction with the16
federally designated organ procurement organization for the state of Louisiana.17
B. The provisions of this Section shall not apply to any person applying for18
a renewal license under the provisions of this Chapter or to any person living twenty-19
five miles or more distant from a location providing a "prelicensing training course".20
C. Beginning one year after the appropriation of funds by the legislature to21
the State Department of Education for the implementation of a driver education and22
training program for all children of secondary school age in each parish of this state,23
and upon the certification by the state superintendent of education to the secretary24
of public safety that such program is operating in each parish of this state, no No25
application for the operation of a motor vehicle shall be received from a minor26
sixteen years of age or older younger unless there is also submitted with the27
application, on a form approved by the secretary of the Department of Public28
Safety and Corrections or his designee public safety, written evidence of the29
successful completion by the applicant of a "driver education course" approved by30 SB NO. 164 ENROLLED
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the State Board of Elementary and Secondary Education or the Department of Public1
Safety and Corrections. Upon completion of the required supervised driving2
practice pursuant to R.S. 32:405.1 and R.S. 32:407, a properly licensed and3
contracted third-party tester may administer the on-road driving skills test to4
the student. Upon successful completion, the contractor-third-party tester shall5
provide the student with a department-approved certificate of successful6
completion in a sealed envelope to be delivered to the department.7
* * *8
§407. Application of minors; revocation; applications of persons less than twenty-9
one years of age10
A. * * *11
(3) The Class "E" learner's license may be converted to a Class "E"12
intermediate license upon the applicant being at least sixteen years of age and13
meeting the following conditions:14
(a) The applicant's parent or legal guardian must shall provide a signed15
statement to the department attesting that the applicant has completed a minimum16
of fifty hours of supervised driving practice with a licensed parent, guardian, or adult17
at least age twenty-one or older. At least fifteen of these hours must be nighttime18
driving.19
(b) The applicant must shall pass an on-road driving skills test. An applicant20
may satisfy this requirement by one of the following means:21
(i) The applicant passes the test administered by an employee of the22
department.23
(ii) The applicant provides a certificate to the department from an agent24
or properly licensed and contracted third-party tester as provided in this25
Chapter.26
(c) The applicant must shall have held the Class "E" learner's license for at27
least one hundred eighty days if he is not seventeen years of age while remaining28
accident free, except where the licensee was not at fault, and receiving no29
convictions for moving violations or violations of the seat belt or curfew laws of this30 SB NO. 164 ENROLLED
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state or any law pertaining to drug or alcohol use.1
* * *2
Section 2. R. S. 40:1461(A), (C), and (E) are hereby amended and reenacted and R.S.3
40:1461(F) and (G) are hereby enacted to read as follows:4
§1461. Licensing or contracting of private training and driving instructor schools5
A. Every person engaged in the business of operating a private driving6
instructor training school or agency, or providing driving courses, shall apply for and7
procure a license from the Department of Public Safety and Corrections. No person8
shall advertise or otherwise hold himself before the public, for remuneration, as9
qualified or licensed to train or instruct without having first obtained a license.10
* * *11
C. The secretary may make shall adopt rules and regulations governing the12
making, issuance, and revocation of licenses and qualifications of each applicant.13
* * *14
E. The fees collected under this Section shall be paid to the office of motor15
vehicles of the Department of Public Safety and Corrections and used for its16
maintenance, operation, and supervision.17
F. Every person licensed or contracted pursuant to this Section to18
operate a private driving instructor training school or agency, or providing19
driving courses, shall also be or become licensed or contracted on or before20
June 30, 2012, as a third-party tester pursuant to R.S. 32:408. Any currently21
licensed or contracted driving school or instructor who fails to become licensed22
as a third-party tester on or before June 30, 2012, shall be deemed to be23
ineligible to engage in the business of operating a private driving school, or24
instructing in a driving course in any manner until such school or instructor25
obtains such license or contract.26
G. Every person properly licensed pursuant to this Section on or after27
June 30, 2012, shall administer in accordance with law and administrative rules28
promulgated by the Department of Public Safety and Corrections, both the29 SB NO. 164 ENROLLED
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knowledge and on-road driving skills tests required for the issuance of a Class1
"D" or "E" license in Louisiana.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: