|
REFERENCE TITLE: junior driver licenses |
|
State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
|
|
SB 1600 |
|
|
|
Introduced by Senator Gowan
|
AN ACT
amending sections 28-3002, 28-3153, 28-3160, 28-3166 and 28-3171, Arizona Revised Statutes; amending title 28, chapter 8, article 4, Arizona Revised Statutes, by adding section 28-3172; relating to driver licenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3002, Arizona Revised Statutes, is amended to read:
28-3002. Fees; driver licenses; disposition; exemption
A. The following fees are required:
1. For each original or initial application or renewal application, if a written examination is required, for the following:
(a) Class A driver license, twenty-five dollars $25.
(b) Class B driver license, twenty-five dollars $25.
(c) Class C driver license, twelve dollars fifty cents $12.50.
(d) Class D driver license issued pursuant to section 28-3171, ten dollars $10.
(e) Class M driver license issued pursuant to section 28-3171, ten dollars $10.
2. Except as provided in paragraph 1 of this subsection, for each original, renewal or reinstatement application for a class D, G or M license:
Age Fee
50 or older $10.00 $10
45-49 $15.00 $15
40-44 $20.00 $20
39 or younger $25.00 $25
3. For each original or initial application or renewal examination, if a written application is required, for the following endorsements to a driver license:
(a) Bus endorsement, ten dollars $10.
(b) Hazardous materials endorsement, ten dollars $10.
(c) Tank vehicle endorsement, ten dollars $10.
(d) Double-triple trailer endorsement, ten dollars $10.
(e) Motorcycle endorsement, seven dollars $7.
4. For taking each driving test for a:
(a) Class A driver license, twenty-five dollars $25.
(b) Class B driver license, twenty-five dollars $25.
(c) Class C driver license, twelve dollars fifty cents $12.50.
(d) Bus endorsement, five dollars $5.
5. For each application for an instruction permit under:
(a) Section 28-3154 or 28-3156, seven dollars $7.
(b) Section 28-3155, three dollars $3.
(c) Section 28-3225, class A, twenty-five dollars $25.
(d) Section 28-3225, class B, twenty-five dollars $25.
(e) Section 28-3225, class C, twelve dollars fifty cents $12.50.
6. For each renewal application, if a written examination is not required, for a:
(a) Class A driver license and any endorsement, other than a hazardous materials endorsement, to the license, fifteen dollars $15.
(b) Class B driver license and any endorsement, other than a hazardous materials endorsement, to the license, fifteen dollars $15.
(c) Class C driver license and any endorsement, other than a hazardous materials endorsement, to the license, ten dollars $10.
7. For each application for a duplicate of a driver license, an amount determined by the director.
8. For each application for a duplicate of an instruction permit, two dollars $2.
9. In addition to the fees prescribed in paragraph 2 of this subsection and except as provided in paragraph 11 of this subsection:
(a) For reinstatement of driving privileges after suspension or disqualification, ten dollars $10.
(b) For reinstatement of driving privileges after revocation, twenty dollars $20.
10. For each application for an extension by mail of a driver license, five dollars $5.
11. In addition to the fees prescribed in paragraph 2 of this subsection, for reinstatement of driving privileges that were suspended or denied pursuant to section 28-1385 after completion of the suspension or revocation, fifty dollars $50.
12. For vision screening tests of out-of-state drivers, five dollars $5.
13. For class D or M driver license skills tests for out-of-state drivers, fifteen dollars $15.
14. For a driver license or nonoperating identification license issued pursuant to section 28-3175, an amount to be determined by the director.
15. For a Junior driver license issued pursuant to section 28-3172, an amount to be determined by the director.
B. Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees collected under this section in the Arizona highway user revenue fund.
C. The fees established pursuant to this section do not apply to a veteran who does not have a residence address or whose residence address is the address of a shelter that provides services to the homeless. For the purposes of this subsection, "veteran" has the same meaning prescribed in section 41-601.
Sec. 2. Section 28-3153, Arizona Revised Statutes, is amended to read:
28-3153. Driver license issuance; prohibitions
A. The department shall not issue the following:
1. A driver license to a person who is under eighteen years of age, except that the department may issue:
(a) A restricted instruction permit for a class D or G license to a person who is at least fifteen years of age.
(b) An instruction permit for a class D, G or M license as provided by this chapter to a person who is at least fifteen years and six months of age.
(c) A class G or M license as provided by this chapter to a person who is at least sixteen years of age.
(d) A junior driver license as provided by this chapter to a person who is at least fourteen years of age.
2. A class D, G or M license or instruction permit to a person who is under eighteen years of age and who has been tried in adult court and convicted of a second or subsequent violation of criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or convicted of a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814, or who has been adjudicated delinquent for a second or subsequent act that would constitute criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or adjudicated delinquent for an act that would constitute a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814, if committed by an adult.
3. A class A, B or C license to a person who is under twenty-one years of age, except that the department may issue a class A, B or C license that is restricted to only intrastate driving to a person who is at least eighteen years of age.
4. A license to a person whose license or driving privilege has been suspended, during the suspension period.
5. Except as provided in section 28-3315, a license to a person whose license or driving privilege has been revoked.
6. A class A, B or C license to a person who has been disqualified from obtaining a commercial driver license.
7. A license to a person who on application notifies the department that the person is an alcoholic as defined in section 36-2021 or a drug dependent person as defined in section 36-2501, unless the person submits a medical examination report that includes a current evaluation from a substance abuse counselor indicating that, in the opinion of the counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle.
8. A license to a person who has been adjudged to be incapacitated pursuant to section 14-5304 and who at the time of application has not obtained either a court order that allows the person to drive or a termination of incapacity as provided by law.
9. A license to a person who is required by this chapter to take an examination unless the person successfully passes the examination.
10. A license to a person who is required under the motor vehicle financial responsibility laws of this state to deposit proof of financial responsibility and who has not deposited the proof.
11. A license to a person if the department has good cause to believe that the operation of a motor vehicle on the highways by the person would threaten the public safety or welfare.
12. A license to a person whose driver license has been ordered to be suspended for failure to pay child support, except that a noncommercial restricted license may be issued pursuant to section 25-518.
13. A class A, B or C license to a person whose license or driving privilege has been canceled until the cause for the cancellation has been removed.
14. A class A, B or C license or instruction permit to a person whose state of domicile is not this state.
15. A class A, B or C license to a person who fails to demonstrate proficiency in the English language as determined by the department.
B. The department shall not issue a driver license to or renew the driver license of the following persons:
1. A person about whom the court notifies the department that the person violated the person's written promise to appear in court when charged with a violation of the motor vehicle laws of this state until the department receives notification in a manner approved by the department that the person appeared either voluntarily or involuntarily or that the case has been adjudicated, that the case is being appealed or that the case has otherwise been disposed of as provided by law.
2. If notified pursuant to section 28-1601, a person who fails to pay a civil penalty as provided in section 28-1601, except for a parking violation, until the department receives notification in a manner approved by the department that the person paid the civil penalty, that the case is being appealed or that the case has otherwise been disposed of as provided by law.
C. The magistrate or the clerk of the court shall provide the notification to the department prescribed by subsection B of this section.
D. Notwithstanding any other law, the department shall not issue to or renew a driver license or nonoperating identification license for a person who does not submit proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law. For an application for a driver license or a nonoperating identification license, the department shall not accept as a primary source of identification a driver license issued by a state if the state does not require that a driver licensed in that state be lawfully present in the United States under federal law. The director shall adopt rules necessary to carry out the purposes of this subsection. The rules shall include procedures for:
1. Verification that the applicant's presence in the United States is authorized under federal law.
2. Issuance of a temporary driver permit pursuant to section 28-3157 pending verification of the applicant's status in the United States.
Sec. 3. Section 28-3160, Arizona Revised Statutes, is amended to read:
28-3160. Applications of minors; liability
A. Except as provided in section 28-3161, the following person or persons shall sign and verify before a person who is authorized to administer oaths the application of a person who is under eighteen years of age for an instruction permit, a class G or M driver license, or an endorsement to a class G or M driver license or a junior driver license:
1. If both the father and mother of the applicant are living, have custody of the applicant and are married to each other, either the father or the mother of the applicant.
2. If both the father and mother of the applicant are living, have custody of the applicant and are not married to each other, both the father and mother of the applicant.
3. If one parent of the applicant has custody of the applicant, the parent who has custody.
4. If neither parent of the applicant is living, the person or guardian who has custody of the applicant or an employer of the applicant.
5. If the applicant resides with a foster parent, the foster parent.
6. If there is no guardian or employer of the applicant, a responsible person who is willing to assume the obligation imposed by this chapter on a person who signs the application of a minor.
B. Negligence or wilful misconduct of a minor when driving a motor vehicle on a highway is imputed to the person who signs the application of the minor for a permit or license. Except as otherwise provided in subsection D of this section, the person who signs the application is jointly and severally liable with the minor for damage caused by the negligence or wilful misconduct.
C. Notwithstanding section 25-214, subsection C, a spouse who signs the application pursuant to subsection A of this section binds the marital community.
D. The parents or guardian of a minor are not liable under subsection B of this section during the time proof of financial responsibility is maintained by the minor or on behalf of the minor in the form and in amounts required by law for the operation of a motor vehicle the minor owns, or if the minor is not the owner of a motor vehicle, for the operation of any motor vehicle.
Sec. 4. Section 28-3166, Arizona Revised Statutes, is amended to read:
28-3166. Driver license content and application; marked licenses; emancipated minors
A. The department shall issue a driver license to a qualified applicant. The driver license shall contain a distinguishing number assigned to the licensee, the license class, any endorsements, the licensee's full name, date of birth and residence address, if the licensee has a residence address, a brief description of the licensee and either a facsimile of the signature of the licensee or a space on which the licensee is required to write the licensee's usual signature with pen and ink. A driver license is not valid until it is signed by the licensee. On request of an applicant:
1. The department shall allow the applicant to provide on the driver license a post office box address that is regularly used by the applicant and that is located in the county in which the applicant resides.
2. If the applicant submits satisfactory proof to the department that the applicant is a veteran, the department shall allow a distinguishing mark to appear on the license that identifies the person as a veteran.
B. An application for a driver license and the driver license issued, except for a junior driver license issued pursuant to section 28-3172, shall contain the photo image of the applicant or licensee. The department shall use a process in the issuance of driver licenses that prohibits as nearly as possible the ability to alter or reproduce the license or that prohibits the ability to superimpose a photo image on the license without ready detection. The department shall process driver licenses and photo images in color.
C. An applicant who is at least sixteen but under twenty-four years of age shall provide the department with satisfactory proof of the applicant's legal name and date of birth.
D. If a person is qualified for a driver license and is under the legal drinking age, the department shall issue a license that is marked by color, code or design to immediately distinguish it from a license issued to a person of legal drinking age. The department shall indicate on the driver license issued pursuant to this subsection the year in which the person will attain the legal drinking age.
E. The department shall mark a special ignition interlock restricted driver license issued pursuant to chapter 4, article 3.1 of this title by color, code or design to immediately distinguish it from other licenses issued by the department.
F. If a person is qualified for a driver license but is subject to the certified ignition interlock device limitations prescribed in section 28-1381, 28-1382, 28-1383 or 28-3319, the department shall issue a license that is marked by color, code or design to immediately distinguish it from other licenses issued by the department.
G. The department shall not include information in the magnetic stripe and bar code of a driver license other than information that the department is authorized to obtain and place on a driver license pursuant to this article.
H. If a minor has been emancipated pursuant to title 12, chapter 15, on application and proof of emancipation, the department shall issue a driver license that contains the words "emancipated minor".
Sec. 5. Section 28-3171, Arizona Revised Statutes, is amended to read:
28-3171. Driver license expiration and renewal; exception; extension
A. Except as provided in subsection B, D or E of this section and section 28-3172 and unless medical restrictions require a shorter expiration period, a driver license:
1. Is valid until the applicant's sixty-fifth birthday.
2. Is renewable for successive periods of five years after the applicant's sixty-fifth birthday.
3. Expires on the applicant's birthday if the license was issued pursuant to subsection B of this section.
B. Notwithstanding subsection A of this section:
1. The department shall issue to an applicant a driver license that is valid for not more than five years and six months if the applicant applies within six months of the applicant's next birthday and if the applicant is sixty-four years of age or older, unless medical restrictions require a shorter expiration period.
2. On presentation of satisfactory proof of qualification, the director may issue a class D, G or M license or permit for a period of up to five years to:
(a) A person who is an out-of-state student or who is the spouse of an out-of-state student. For the purposes of this subdivision, "out-of-state student" has the same meaning prescribed in section 28-2001.
(b) An immediate family member of any active duty military personnel temporarily stationed in this state.
(c) Any other person for whom the director determines other circumstances justify the issuance.
C. An applicant shall apply for renewal of a driver license before the expiration of a current license. The department may require an examination of a renewal applicant for a class D, G or M license as required of an original applicant.
D. A veteran, as defined in section 41-601, whose driver license expires is not required to renew the veteran's driver license for six months from the date of the veteran's discharge from military service.
E. The department may extend the expiration date of a class D or M license for a resident if the applicant is not in this state at the time the license expires and will not be in this state for at least thirty consecutive days after the expiration of the driver license. On payment by the applicant of the fee prescribed in section 28-3002, the department shall issue a certificate of extension that is valid only if accompanied by the applicant's previous license. An applicant for extension of a license shall comply with the following:
1. The application requirements of section 28-3158.
2. The licensing requirements of section 28-3153.
3. Medical requirements applicable to all license applicants, except that the applicant is not required to obtain an eyesight examination.
Sec. 6. Title 28, chapter 8, article 4, Arizona Revised Statutes, is amended by adding section 28-3172, to read:
28-3172. Junior driver licenses; restrictions
A. On application and successful completion of any examination prescribed by the department, the department may issue a junior driver license to an applicant who is at least fourteen years of age and under eighteen years of age if the applicant establishes to the department's satisfaction that either the applicant's school or other transportation facilities are inadequate for the applicant's regular attendance at school and at school-authorized activities or transportation facilities are inadequate and the operation of a motor vehicle is necessary in traveling to and from the applicant's place of employment. An application under this subsection must include a signed statement from the applicant's parent or guardian setting forth the reasons that the license is needed under this subsection.
B. A person with a junior driver license issued pursuant to subsection A of this section may operate a motor vehicle only during the course of employment, between the person's place of employment and residence, between the person's place of employment and school, between the person's place of employment and school authorized activities, between the person's residence and school or school authorized activities or between the person's school and school authorized activities.
C. The existence of public transportation at reasonable intervals within one mile of an applicant's residence is adequate grounds for the department to deny the application for a junior driver license.
D. The department shall impose restrictions on a junior driver licensee that are appropriate to the conditions under which and the geographic area in which the licensee intends to drive.
E. A junior driver license is not valid on or after the licensee's eighteenth birthday or if the department issues the licensee a graduated driver license.
F. The department may revoke a junior driver license if necessary for the minor's welfare or in the interests of safety.
G. If conditions or the location of the licensee's residence, which required the licensee's operation of a motor vehicle, change before the junior driver license expires, the department may cancel the junior driver license.
H. The department shall revoke a junior driver license if the department determines that the licensee has operated a motor vehicle in violation of restrictions prescribed by this section.
I. The department shall cancel a junior driver license six months after the date of issuance unless the licensee satisfactorily completes a driver education program approved by the department or completes a minimum number of driving practice hours as determined by the department.