ENROLLED
ACT No. 295
2019 Regular Session
HOUSE BILL NO. 157
BY REPRESENTATIVE STAGNI
1 AN ACT
2 To amend and reenact R.S. 32:402.1(E)(1), (2), (5), and (6) and to enact R.S. 32:402.1(E)(7)
3 and (8), relative to Class "E" temporary instructional permits; to change when Class
4 "E" temporary instructional permits are required; to provide for the design on Class
5 "E" temporary instructional permits; to provide for the surrender of a Class "E"
6 temporary instructional permit; to provide an exception to ignition interlock
7 requirements for certain applicants for Class "E" temporary instructional permits;
8 and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 32:402.1(E)(1), (2), (5), and (6) are hereby amended and reenacted
11 and R.S. 32:402.1(E)(7) and (8) are hereby enacted to read as follows:
12 ยง402.1. Driver education; required
13 * * *
14 E.(1) Any person who is at least of age to participate in the classroom
15 instruction portion of a driver education course, driver training program, or a
16 prelicensing training course shall apply to the department for a Class "E" temporary
17 instructional permit prior to enrolling in any driver education course, driver training
18 program, or prelicensing training course the administration of the knowledge test.
19 The application for a Class "E" temporary instructional permit shall be in accordance
20 with R.S. 32:409.1 and 410. The fee for a Class "E" temporary instructional permit
21 shall be the same as the fee for a Class "E" driver's license. The Class "E" temporary
22 instructional permit issued pursuant to this Section shall contain a highly visible
23 distinctive color or restriction code that clearly indicates the permit has been issued
24 for the purpose of on-road driving skills instruction with a Department of Public
25 Safety and Corrections certified driving instructor.
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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 participate in the administration of the knowledge test,
4 operate a motor vehicle during on-road driving skills instruction, or participate in the
5 administration of an on-road driving skills test.
6 * * *
7 (5) Upon successful completion of a driver education course, driver training
8 program, or prelicensing training course and the knowledge test, a person who is
9 ineligible for a permanent license pursuant to R.S. 32:407, shall surrender a Class
10 "E" temporary instructional permit issued pursuant to this Subsection to the
11 department and apply for the issuance of an age-appropriate a learner's license. The
12 department shall not charge a fee for a learner's license issued in connection with the
13 surrender of a Class "E" temporary instructional permit.
14 (6) Upon successful completion of a driver education course, driver training
15 program, or prelicensing training course, and the knowledge and on-road driving
16 skills test, a person who is eligible for a permanent license pursuant to R.S. 32:407,
17 shall surrender their Class "E" temporary instructional permit issued pursuant to this
18 Section to the department and apply for the issuance of a permanent license. The
19 department shall not charge a fee for a license issued in connection with the
20 surrender of a Class "E" temporary instructional permit.
21 (6) (7) The Class "E" temporary instructional permit issued pursuant to this
22 Subsection shall not be required for any person to enroll in a driver education course,
23 driver training program, or prelicensing course administered in conjunction with a
24 National Guard Youth Challenge Program. A person enrolled in a driver education
25 course, driver training program, or prelicensing course administered in conjunction
26 with a National Guard Youth Challenge Program may operate a motor vehicle on the
27 public highways of this state without a Class "E" temporary instructional permit
28 provided that such person is accompanied by an instructor of driver education and
29 safety.
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1 (8)(a) In the event that the person applying for the temporary instructional
2 permit has or has had his driving privileges suspended pursuant to R.S. 32:661 et
3 seq., and the person is required to have an ignition interlock as a condition of
4 reinstatement, then the temporary instructional permit may be issued for purposes
5 of operating a motor vehicle during the behind-the-wheel portion of the driver
6 education program or while administering the road skills test without an ignition
7 interlock device being required.
8 (b)(i) If the driving school instructor suspects that the person is impaired at
9 the time he presents himself for the behind-the-wheel training or the administration
10 of the road skills test, the driving school instructor shall not conduct the behind-the-
11 wheel instruction or administer the road skills test, and the driving school instructor
12 shall promptly report the incident to the office of motor vehicles.
13 (ii) The office of motor vehicles shall promulgate such rules as are necessary
14 to implement the provisions of this Subparagraph.
15 (c) Neither the driving school instructor, nor the driving school utilizing the
16 driving school instructor shall be liable in any manner to any person who is denied
17 behind-the-wheel training pursuant to Subparagraph (b) of this Paragraph, except for
18 any partial refund attributable to the behind-the-wheel portion of the training or the
19 road skills test.
20 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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