HLS 16RS-2493 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 1138 (Substitute for House Bill No. 822 by Representative Montoucet)
BY REPRESENTATIVE MONTOUCET
MTR VEHICLE/DRIVER LIC: Provides for the issuance and requirement of a Class "E"
temporary instructional permit for driver's education students
1 AN ACT
2To enact R.S. 32:402.1(E) and to repeal R.S. 32:422(B), relative to permits and licenses
3 issued to persons to operate motor vehicles; to provide for the issuance of a
4 temporary instructional permit for first-time applicants for driving privileges prior
5 to beginning a driver's education course; to provide for the imposition of a fee; and
6 to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:402.1(E) is hereby enacted to read as follows:
9 ยง402.1. Driver education; required
10 * * *
11 E.(1) Any person who is at least of age to participate in the classroom
12 instruction portion of a driver education course, driver training program, or a
13 prelicensing training course shall apply to the department for a Class "E" temporary
14 instructional permit prior to enrolling in any driver education course, driver training
15 program, or prelicensing training course. The application for a Class "E" temporary
16 instructional permit shall be in accordance with R.S. 32:409.1 and R.S. 32:410. The
17 fee for a Class "E" temporary instructional permit shall be the same as the fee for a
18 Class "E" driver's license.
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HB NO. 1138
1 (2) A person shall be required to possess a Class "E" temporary instructional
2 permit in order to enroll in any driver education course, driver training program, or
3 prelicensing training course.
4 (3) A person with a Class "E" temporary instructional permit required by this
5 Subsection is permitted to operate a motor vehicle on the public highways and streets
6 of this state only when the permit holder is accompanied by an instructor of driver
7 education and traffic safety, and while actually operating a motor vehicle during the
8 behind-the-wheel instruction or during the administration of the skills test.
9 (4) The holder of a Class "E" temporary instructional permit required by this
10 Subsection shall be in possession of the permit during the period of its validity and
11 such permit shall be presented for examination when so requested by any law
12 enforcement officer or representative of the department.
13 (5) Upon successful completion of a driver education course, driver training
14 program, or prelicensing training course and the knowledge test, a person shall
15 surrender a Class "E" temporary instructional permit issued pursuant to this
16 Subsection to the department and apply for the issuance of an age appropriate
17 learner's license. The department shall not charge a fee for a learner's license issued
18 in connection with the surrender of a Class "E" temporary instructional permit.
19 Section 2. R.S. 32:422(B) is hereby repealed in its entirety.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 822 Original 2016 Regular Session Montoucet
Abstract: Provides for the issuance of a Class "E" temporary instructional permit.
Present law authorizes a person who is at least 15 years of age to apply to the Dept. of Public
Safety and Corrections, pubic safety services, for a school instruction permit if he is enrolled
in a driver education course conducted by a person who meets certification requirements as
established by the Dept. of Public Safety and Corrections, public safety services, for
instructors of driver education and traffic safety.
Present law authorizes the department, in its discretion, after the applicant has successfully
passed all parts of the examination, other than the driving test, to issue the applicant a school
instruction permit for which no fee shall be charged.
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HB NO. 1138
Present law provides that such driving school instruction permit is valid only during the
period of such instruction, and when the person to whom the permit is issued is accompanied
by the instructor of driver education and traffic safety.
Present law requires such permit to be in the possession of the instructor during the period
of its validity and that it is presented at any time for examination, when so requested by any
law enforcement officer.
Present law provides that upon completion of such course of instruction, it is the
responsibility of the instructor, as directed by the department, to return for cancellation any
and all permits which have been issued and are held by him.
Proposed law repeals present law.
Proposed law requires any person who is at least of age to participate in the classroom
instruction portion of a driver education course, driver training program, or a prelicensing
training course to apply to the Dept. of Public Safety and Corrections, public safety services,
for a Class "E" temporary instructional permit prior to enrolling in any driver education
course, driver training program, or a prelicensing training course.
Proposed law provides that the application for a Class "E" temporary instructional permit
shall be in accordance with present law (R.S. 32:409.1 and R.S. 32:410).
Proposed law provides that the fee for a Class "E" temporary instructional permit will be the
same as the fee for a Class "E" driver's license.
Proposed law requires a person possess a Class "E" temporary instructional permit in order
to enroll in a driver education course, driver training program, or a prelicensing training
course.
Proposed law limits a person with a Class "E" temporary instructional permit to operating
a motor vehicle on the public highways and streets of this state only when the permit holder
is accompanied by an instructor of driver education and traffic safety, and while actually
operating a motor vehicle during the behind-the-wheel instruction or during the
administration of the skills test.
Proposed law requires the holder of a Class "E" temporary instructional permit to be in
possession of the permit during the period of its validity and to present such permit for
examination when so requested by any law enforcement officer or representative of the Dept.
of Public Safety and Corrections, public safety services.
Proposed law requires that upon successful completion of a driver education course, driver
training program, or a prelicensing training course and the knowledge test, a person shall
surrender a Class "E" temporary instructional permit issued pursuant proposed law to the
Dept. of Public Safety and Corrections, public safety services, and apply for the issuance of
an age appropriate learner's license.
Proposed law prohibits the Dept. of Public Safety and Corrections, public safety services,
from charging a fee for a learner's license issued in connection with the surrender of a Class
"E" temporary instructional permit.
(Adds R.S. 32:402.1(E); Repeals R.S. 32:422(B))
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CODING: Words in struck through type are deletions from existing law; words underscored
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