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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
House: TI DP 9-2-0-0 |
HB 2833: class G driver licenses; qualifications
Sponsor: Representative Gillette, LD 30
House Engrossed
Overview
Requires the Arizona Department of Transportation (ADOT) to establish a first-time driver education course and requires a driver's license applicant who has not previously been issued a license or whose license is suspended or revoked to complete the course.
History
A person under 18 years old may apply for a Class G driver's license if they are at least 16 years old and have held a valid instruction permit for at least six months. The applicant must also:
1) have a custodial parent or guardian certify in writing to ADOT that the applicant has completed at least 30 hours of supervised driving practice with at least 10 hours of practice happening at night;
2) have satisfactorily completed an ADOT-approved driver education program. If the program is offered by a public school, it must be approved by ADOT in consultation with the Department of Education; or
3) both:
i. complete a driver education program offered by a certified defensive driving school that is approved by the Supreme Court or a traffic survival school; and
ii. have a custodial parent or guardian certify in writing to ADOT that the applicant has completed at least 20 hours of supervised driving practice with at least 6 hours of practice happening at night.
For the first six months that a Class G licensee holds their license they cannot drive a motor vehicle on a public highway with more than one passenger under the age of 18 unless they are accompanied by a parent or legal guardian seated next to them who has a Class A, B, C or D license or the passengers are the licensee's siblings.
For the first six months that a Class G licensee holds their license they cannot drive a motor vehicle on a public highway from 12:00 a.m. to 5:00 a.m. unless they are accompanied by a parent or legal guardian seated next to them who has a Class A, B, C or D license or they are driving to or from a sanctioned school sponsored activity, their place of employment, a sanctioned religious activity or a family emergency (A.R.S. § 28-3174).
Provisions
First-Time Driver Education Course
1.
Directs ADOT to establish a first-time
driver education course (course) to enhance street and highway safety and to
reduce vehicle collisions and moving traffic violations. (Sec. 1)
2. Requires an applicant before they may be issued a driver's license and regardless of other law to complete the course if the applicant either:
a) is at least 16 years old and has not previously:
i. been issued a driver's license from this state or another state;
ii. completed the course; or
b) has a suspended or revoked driver's license from this state or another state. (Sec. 1)
3. Directs the course to be only taught by an ADOT-approved provider (course provider) that meets ADOT's training and curriculum standards. (Sec. 1)
4. Authorizes a course provider to charge a fee for each course. (Sec. 1)
5. States that, depending on the course provider's authority from ADOT, the course may be conducted in a classroom or online. (Sec. 1)
6. Allows an approved course provider to use a school district or charter school to administer the course. (Sec. 1)
7. Specifies that if the course is offered online it must have:
a) mechanisms to verify continuous engagement and prevent content skipping to ensure that a student completes the entire course;
b) interactive exercises that engage a student in active learning;
c) progress tracking features to monitor a student's advancement through the course material;
d) regular assessments to evaluate a student's understanding and retention of the material; and
e) a comprehensive final examination that assesses the student's readiness and knowledge. (Sec. 1)
8. States that a person who has successfully completed the course and passed the final examination is exempt from taking the written examination required and administered by ADOT for driver's license applicants. (Sec. 1)
9. Directs the course curriculum to be at least four hours in length and be demonstrably effective in reducing vehicle collisions or moving violations, or both. (Sec. 1)
10. Requires a course provider to submit an effectiveness study to ADOT that demonstrates the effectiveness of the course curriculum before the course may be approved by ADOT in a manner determined by the Director of ADOT. (Sec. 1)
11. Stipulates that the study must be exclusively conducted by independent state agencies or accredited academic institutions within the United States. (Sec. 1)
12. Allows a prelicensure or defensive driving course that has undergone efficacy studies in other states to qualify as demonstrating the effectiveness of the curriculum of the course provider's course. (Sec. 1)
13. Requires a Class G driver's license applicant who is under 18 years old to successfully complete the course. (Sec. 3)
14. Removes the requirement for a Class G driver's license applicant to pass the driver's license examination administered by ADOT. (Sec. 3)
15. Requires the course content and final examination to specifically include information relevant to Class G Licensure in this state for students under 18 years old. (Sec. 1)
16. Requires the course to contain information on the proper procedures to follow when a driver is stopped by a law enforcement officer including:
a) how the driver should safely behave and interact with the law enforcement officer; and
b) pertinent information relating to the driver's rights during a stop under the United States Constitution and the Arizona Constitution. (Sec. 1)
17. Contains a legislative intent clause that states that the Legislature intends for the course fee to be no more than $30 per student with the state's portion of the $30 fee being no more than $10. (Sec. 4)
First-Time Driver Education Course Provider Licensure
18. Prohibits a person from acting as a course provider unless they apply for and obtain a license from the Director of ADOT. (Sec. 2)
19. States that ADOT may license one course provider per approved course curriculum. (Sec. 2)
20. Directs ADOT to post the approved course providers on its website. (Sec. 2)
21. Requires ADOT to establish rules for the licensing of a course provider. (Sec. 2)
22. Authorizes a licensed course provider to allow other defensive driving or traffic survival schools to use their approved curriculum as affiliates. (Sec. 2)
23. Allows ADOT to conduct an audit or cause an audit to be conducted on a licensed course provider to ensure compliance with the outlined requirements. (Sec. 2)
24. States that a licensed course provider found to violate these regulations may be subject to penalties from ADOT, including the revocation of their license. (Sec. 2)
First Time Driving Scholarship Fund
25. Establishes the First Time Driving Scholarship Fund (Fund) to provide financial assistance to students taking the course who meet the eligibility requirements established under the Federal National School Lunch and Child Nutrition Acts or this state's school meal programs outlined in statute. (Sec. 1)
26. Requires the Fund to cover all costs of a course. (Sec. 1)
27. Directs the course providers to quarterly remit a portion of the course fee to ADOT in an amount determined by the Director of ADOT who will deposit the state portion of the fee into the Fund. (Sec. 1)
28. Stipulates that ADOT will administer the Fund and that Fund monies are continuously appropriated. (Sec. 1)
Miscellaneous
29. Requires a Class G driver's license applicant's parent or legal guardian to sign a form stating that the parent or legal guardian understands the restrictions on a Class G license holder in the first six months of holding the license. (Sec. 3)
30. Removes the ability of a driver's license applicant who is under 18 years old to apply for a Class G License if the applicant:
a) completed a driver education program offered by a certified defensive driving school approved by the Supreme Court or a traffic survival school; and
b) has their parent or guardian certify to ADOT that the applicant has had at least 20 hours of supervised driving practice with at least 6 hours of the practice happening at night. (Sec. 3)
31. Makes technical and conforming changes. (Sec. 3)
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35. HB 2833
36. Initials JB Page 0 House Engrossed
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