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 1138 Reengrossed 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, public 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.
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.
Present law authorizes persons licensed or contracted with the Department of Public Safety and
Corrections, public safety services, to engage in the business of operating a driver training school
or approved and certified instructors for such schools to issue Class "E" student driving permits.
Present law authorizes a Class "E" student driving permit to be issued to a person who meets the age
requirement for driver education courses. Such permit is only valid when the student is accompanied
by an approved and certified instructor, and the approved and certified instructor is required to
maintain possession of the permit for a period of time established by rule.
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 to 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.
Proposed law exempts participants in a driver education course, driver training program, or
prelicensing course administered in conjunction with a National Guard Youth Challenge Program
from obtaining the Class "E" temporary instructional permit required by proposed law. Also
authorizes such person to operate a motor vehicle on public highways without a Class "E" temporary
instructional permit if the person is accompanied by an instructor of driver education and safety.
(Adds R.S. 32:402.1(E); Repeals R.S. 32:422(B) and 422.1)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill: 1. Repeal a provision of present law relative to the issuance of driver training schools or
approved and certified instructors for such schools to issue Class "E" student driving
permits.
2. Exempt persons taking part in driver training in conjunction with the National Guard
Youth Challenge Program from requirements of proposed law.