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Regular Session, 2011
SENATE BILL NO. 222
BY SENATOR MILLS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES. Requires driver education courses, training programs, and
prelicensing training courses for children and adults to include teaching the economic effects
of littering. (1/1/12)
AN ACT1
To amend and reenact R.S. 17:270(A) and 271(A)(2) and R.S. 32:402.1(A)(1) and (2),2
402.2, and 408(A)(1) and (3); and to enact R.S. 32:402.1(A)(3)(c), relative to3
requiring driver education courses, training programs, and prelicensing training4
courses for children and adults to include teaching the economic effects of littering;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:270(A) and 271(A)(2) are hereby amended and reenacted to read8
as follows: 9
§270. Driver education and training program for children10
A. The State Board of Elementary and Secondary Education and the state11
Department of Education, in consultation with the Department of Public Safety and12
Corrections, shall establish and operate a driver education and training program in13
each parish of this state for children who are fifteen years of age and older. The14
program shall consist of a course of not less than eight hours of actual driving15
experience and thirty hours of classroom instruction. A child who is in at least the16
ninth grade and is within ninety days of his fifteenth birthday may participate in the17 SB NO. 222
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classroom instruction component of the program. The State Board of Elementary and1
Secondary Education shall provide written notice to each city, parish, and other local2
public school board of the requirements of this Subsection. The aims and purposes3
of the driver education and training program shall be to educate drivers to be4
competent and to develop a knowledge of those provisions of the law of this state5
relating to the operation of motor vehicles, a proper acceptance of personal6
responsibility in traffic, a true appreciation of the causes, seriousness, and7
consequences of traffic accidents, and the knowledge, attitudes, habits, and skills8
necessary for the safe operation of motor vehicles. The course shall include training9
on railroad and highway grade crossing safety and on sharing the road with10
motorcycles, tractor-trailer trucks, pedestrians, bicyclists, and transit vehicles, and11
at least thirty minutes of instruction relative to organ and tissue donation and at least12
thirty minutes of instruction relative to the economic effects of littering. The13
State Board of Elementary and Secondary Education and the state Department of14
Education shall develop the organ and tissue portion of the driver education and15
training program in conjunction with the federally designated organ procurement16
organization for the state of Louisiana. However, no student shall be required to take17
the organ and tissue donation instruction if his parent or tutor submits a written18
statement indicating that such instruction conflicts with the religious beliefs of the19
student. The State Board of Elementary and Secondary Education and the state20
Department of Education shall develop the economic effects of littering portion21
of the driver education and training program in conjunction with Keep22
Louisiana Beautiful, Inc.23
* * *24
§271. Driver training required for certain adults; same purpose and use of same25
facilities as in program for children26
A.(1) * * *27
(2) The program shall consist of a course of not less than six hours of actual28
driving experience and thirty hours of classroom instruction which shall include29 SB NO. 222
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training on railroad and highway grade crossing safety and on sharing the road with1
motorcycles and tractor-trailer trucks and at least thirty minutes of instruction2
relative to organ and tissue donation and at least thirty minutes of instruction3
relative to the economic effects of littering. The State Board of Elementary and4
Secondary Education and the state Department of Education shall develop the organ5
and tissue donation portion of the driver education and training program in6
conjunction with the federally designated organ procurement organization for the7
state of Louisiana. However, no student shall be required to take the organ and tissue8
donation instruction provided he submits a written statement indicating that such9
instruction conflicts with his religious beliefs. The State Board of Elementary and10
Secondary Education and the state Department of Education shall develop the11
economic effects of littering portion of the driver education and training12
program in conjunction with Keep Louisiana Beautiful, Inc.13
* * *14
Section 2. R.S. 32:402.1(A)(1) and (2), 402.2, and 408(A)(1) and (3) are hereby15
amended and reenacted and R.S. 32:402.1(A)(3)(c) is hereby enacted to read as follows:16
§402.1. Driver education; required17
A. No application for a license for the operation of a motor vehicle shall be18
received from any person seventeen years or older making application for the first19
time unless there is also submitted with the application, on a form approved by the20
secretary of the Department of Public Safety and Corrections or the Department of21
Education, written evidence of the successful completion by the applicant of:22
(1) A "driver education course", which shall consist of not less than eight23
hours of actual driving experience and thirty hours of classroom instruction,24
including but not limited to training on railroad and highway grade crossing safety25
and on sharing the road with motorcycles and tractor/trailer trucks and at least thirty26
minutes of instruction relative to organ and tissue donation and at least thirty27
minutes of instruction relative to the economic effects of littering, approved by28
the Department of Public Safety and Corrections or the Department of Education.29 SB NO. 222
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(2) A "prelicensing training course" if a behind-the-wheel course is not1
completed. The prelicensing training course shall consist of a minimum of six hours2
of instruction in the National Safety Council's defensive driving course, Louisiana's3
traffic safety laws, and substance abuse education, or shall be an equivalent course4
approved and certified by the Department of Public Safety and Corrections. The5
course shall include training in railroad and highway grade crossing safety and on6
sharing the road with motorcycles and tractor/trailer trucks and at least thirty minutes7
of instruction relative to organ and tissue donation and at least thirty minutes of8
instruction relative to the economic effects of littering. The secretary of the9
Department of Public Safety and Corrections shall adopt rules relating to the10
"prelicensing training course". Oversight review of these rules shall be conducted by11
the House and Senate Committees on Transportation, Highways and Public Works.12
The rules shall provide for:13
(a) Licensing of training agencies.14
(b) Course content and presentation.15
(c) Instructor qualifications and certification.16
(d) Classroom size and facilities.17
(e) Certificates of completion.18
(f) Required records and reporting.19
(g) Fees, which shall not exceed fifty dollars per student.20
(h) Penalties.21
(3)(a) * * *22
(c) The portion of the "driver education course" or "prelicensing23
training course" approved by the Department of Public Safety and Corrections24
involving instruction on the economic effects of littering shall be developed in25
conjunction with Keep Louisiana Beautiful, Inc.26
* * *27
§402.2. Driver improvement program for remediation28
The Department of Public Safety and Corrections, office of motor vehicles,29 SB NO. 222
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may approve court-ordered driver remediation courses or programs, in the same1
manner as "prelicensing training courses" are approved in R.S. 32:402.1(A)(2). All2
such approved driver remediation courses or programs shall include instruction on3
railroad grade crossing safety and on sharing the road with motorcycles and4
tractor/trailer trucks and at least thirty minutes of instruction relative to organ and5
tissue donation and at least thirty minutes of instruction relative to the economic6
effects of littering. The State Board of Elementary and Secondary Education and the7
state Department of Education shall develop the organ and tissue donation portion8
of the driver education and training program in conjunction with the federally9
designated organ procurement organization for the state of Louisiana. However, no10
student shall be required to take the organ and tissue donation instruction if he, or his11
parent or tutor if the student is a minor, submits a written statement indicating that12
such instruction conflicts with his religious beliefs. The State Board of Elementary13
and Secondary Education and the state Department of Education shall develop14
the economic effects of littering portion of the driver education and training15
program in conjunction with Keep Louisiana Beautiful, Inc. The department16
shall compile and maintain a list of all department-approved courses which shall be17
delivered to all persons who are decreed by a court to be traffic violators and who are18
ordered by a court to attend a driver improvement course for remediation purposes.19
The court shall allow a violator to select a course within the judicial district in which20
he resides if there is no court-approved driving course in such district provided that21
it is one of the courses on the department-approved list.22
* * *23
§408. Examination of applicants required; classes of licenses24
A.(1) Except as otherwise provided, every applicant must pass a written25
knowledge and skills test for a motor vehicle representative of the type of motor26
vehicle he operates or expects to operate, or provide evidence on a form approved27
by the department that he has successfully passed the written knowledge test and a28
driving or skills test administered by an authorized third party. In addition to the29 SB NO. 222
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specialized knowledge and skills tests, each such examination shall include: a test1
of the applicant's eyesight; his ability to understand highway signs regulating,2
warning, and directing traffic; his knowledge of railroad and highway grade crossing3
safety; his knowledge of sharing the road with motorcycles and tractor/trailer trucks;4
his knowledge of the economic effects of littering; and his knowledge of all5
relevant traffic regulations.6
* * *7
(3) Each knowledge test for a Group "D" or "E" vehicle shall contain at least8
thirty thirty-two items, exclusive of the number of items testing airbrake knowledge.9
Not less than two of the thirty thirty-two items shall be relative to railroad and10
highway grade crossing safety. Not less than two of the thirty-two items shall be11
relative to the economic effects of littering. For each endorsement, the knowledge12
test and the airbrake component of the basic knowledge test shall contain a number13
of questions that is sufficient to test the applicant's knowledge of the required subject14
matter with validity and reliability. The applicant for a Class "A", "B", "C", "D", or15
"E" license shall correctly answer at least eighty percent of the questions on each16
knowledge test in order to achieve a passing score on such knowledge test. To17
achieve a passing score on the skills test, an applicant for a Class "A", "B", "C", "D",18
or "E" license shall demonstrate that he can successfully perform all of the required19
skills. If an applicant for a Class "A", "B", or "C" commercial driver's license scores20
less than eighty percent on the airbrake component of the basic knowledge test, the21
driver shall fail the airbrake component and, if the driver is issued a driver's license,22
an airbrake restriction shall be indicated on the commercial driver's license. If an23
applicant for a Class "A", "B", or "C" commercial driver's license performs the skills24
test in a vehicle not equipped with air brakes, the driver shall have omitted the25
airbrake component of the skills test and, if the driver is issued a driver's license, the26
airbrake restriction shall be indicated on the license.27
* * *28
Section 3. This Act shall become effective on January 1, 2012.29 SB NO. 222
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Proposed law retains present law requirements regarding driver education courses, training
programs, and prelicensing training courses for children and adults and will require such
driver education courses, training programs, and prelicensing training courses have at least
thirty minutes of instruction relative to the economic effects of littering.
Proposed law requires the economic effects of littering portion of driver education courses,
training programs, and prelicensing training courses be developed in conjunction with Keep
Louisiana Beautiful, Inc.
Proposed law increases the number of knowledge test questions from 30 to 32 and requires
that a least 2 test questions be on the economic effects of littering.
Effective January 1, 2012.
(Amends R.S. 17:270(A) and 271(A)(2) and R.S. 32:402.1(A)(1) and (2), 402.2, and
408(A)(1) and (3); adds R.S. 32:402.1(A)(3)(c))