GRADUATED DRIVER LICENSING
MODEL LAW

APPROVED OCTOBER 24, 1996, by NCUTLO MEMBERSHIP

(Revised 1999, 2000)


Section 1.

Purpose1

The legislature has recognized the need to develop a graduated licensing system in light of the disproportionately high incidence of motor vehicle crashes involving youthful motorists. This system will improve highway safety by progressively developing and improving the skills of younger drivers in the safest possible environment, thereby reducing the number of vehicle crashes2


Section 2.

Minimum Age Requirements.

The department3 may not issue a license or permit to any person under the age of 18 years, except that it may issue a driver's license to any person who is 164 or 17 years old who presents evidence of having satisfactorily completed the requirements of sections three and four.


Section 3.

Instructional Permit, Intermediate License and Driver's License Application5

The Department shall not grant the application for an instructional permit, intermediate license or driver's license to anyone16 or 17 years old unless such application is both signed by the applicant and the applicant's parent or guardian, and the applicant has satisfactorily completed the requirements provided in Section 4 of this law.


Section 4.

Limitations on the issuance of licenses and permits

Instructional permits and licenses shall be issued pursuant to the following conditions and requirements:

(a) Instructional Permit.

An instructional permit authorizes the permit holder to drive a specified type or class of motor vehicle under the conditions set forth in this section while in possession of the permit and accompanied by a parent, guardian, or other person 21 years or older, who is a licensed driver in accordance with the requirements set forth in this law.

(i) An applicant for an instructional permit shall have:

    1. Passed a vision test;

    2. Passed a written test administered by the Department;

    3. Paid a fee for an instructional permit of (X) dollars.

(ii) An instructional permit requires supervised driving at all times. The supervisor shall be a parent, guardian or other adult age 21 years of age or older, possessing a valid driver's license under the laws of this state. The supervisor shall be the only other occupant of the front passenger section of the vehicle.

(iii) The instructional permit licensee shall not place the vehicle in motion until every occupant of the vehicle has a seat belt properly fastened about his or her body.

(iv) Every holder of an instructional permit shall maintain a conviction-free driving 6 record and shall not have violated state drug, zero blood alcohol tolerance7, seat belt or other driver-related safety laws8 of the state.

(v) The instructional permit shall be valid for a period of at least one year from the date of its issuance.

(vi) In the event a person who holds an instructional permit drives a motor vehicle in violation of law, the permit shall be suspended9, or revoked.10

(b) Intermediate License.

An intermediate license authorizes the holder to drive a specified type or class of motor vehicle under the conditions specified below:

(i) An applicant for an intermediate license shall have:

    1. Possessed a valid instructional permit for a period of not less than 6 months without any conviction of drug, zero blood alcohol tolerance11, seat belt, or other driver-related safety laws;12

    2. Passed a road test administered by the department or its agent;

    3. Completed (30-50) hours of supervised driving practice13 which is in addition to any other driving instruction provided by law.  Not less than (10) hours of the required practice hours shall include nighttime driving. 

    4.  Passed a course of drivers education14 in accordance with standards established by the State Board of Education and the department15; and

    5. Paid a fee for an intermediate license of (X) dollars.

(ii) An intermediate license allows unsupervised driving from[5 a.m.] to [10 p.m.]16 except that an intermediate licensee may not transport passengers younger than 20 years of age unless supervised.17 At all other times the intermediate licensee must be supervised. While being supervised, the intermediate licensee must be accompanied by a parent, guardian, or other person 21 years or older. The supervisor shall possess a valid driver's license under the laws of this state. The supervisor shall be the only other occupant of the front passenger section of the vehicle.

(iii) The intermediate licensee shall not place the vehicle in motion until every occupant of the vehicle has a seat belt properly fastened about his or her body.

(iv) To be eligible to apply for a driver's license, an intermediate licensee shall maintain a conviction-free driving18 record and shall not have violated any state drug, zero blood alcohol tolerance19, seat belt or other safety law of any state for at least the period of six months immediately preceding the date of the application for the license.

(v) The intermediate license shall be valid for a period of at least one year from the date of its issuance.

(vi) In the event that an intermediate licensee drives a motor vehicle in violation of law, the intermediate license shall be suspended20 or revoked21 Also footnote ..22

(c) Driver's License.23

The department may issue a driver 's license to any person who has completed the requirements set forth in this law, or to anyone who has reached 18 years of age and has operated a motor vehicle without traffic violations, drug violations, zero tolerance alcohol violations or seat belt violations for a period of 6 months immediately preceding the date of the application for the license.24


Section 5.

Distinctive Form of License or Permit

(a) The instructional permit shall be identified as an "instructional permit" and issued in a distinctive form as determined by the department.

(b) The intermediate license shall be identified as an "intermediate license " and issued in a distinctive form as determined by the department.

(c) Every license issued to a person under the age of 21 shall be in a distinctive form determined by the department so as to be readily identifiable as a license issued to someone less than 21 years of age.


Section 6.

Conduct

An individual holding an instructional permit or license issued under this law may not drive, attempt to drive, or be in the actual control of a vehicle, in violation of any provision of law.


Section 7.

Penalty

Any person knowingly violating any provision of this law shall be guilty of a Class [A] misdemeanor.


1 - The Drafting Committee notes that a state may adapt this model graduated driver licensing system to apply to all novice drivers without regard to age. The Drafting Committee also encourages states to cross reference appropriate license suspension and revocation requirements to assure that violation of the provisions of this model may result in the immediate suspension or revocation of the driver's permit or license in accordance with due process and the licensing system of the state.


2 - This model also requires the driver to comply with the zero blood alcohol tolerance statute if under the age of 21 and state drug and seat belt laws regardless of age.


3 - Department refers to the department of motor vehicles. If administration of driver licensing is not vested in that department, the term department should be changed to the correct department or bureau of government.


4 - This model law assumes that an instructional permit may not be issued before the age of 16 -- which the Drafting Committee recommends. If a state issues instructional permits to applicants less than 16 years of age, it should adjust the timetable incorporated into this model. In that event the Drafting Committee recommends extension of the duration of the instructional permit and the time period the applicant must hold the instructional permit before application may be made for an intermediate license.


5 - The drafter should cross reference the section of the state's law governing application requirements


6 - States have the option of defining "conviction-free driving" as the absence of serious moving violations; if a state exercises this option, it should also enumerate the violations which are not sufficiently serious to trigger immediate license suspension, but rather may be waived, possibly through a departmental administrative process providing additional education or counseling.


7 - The Uniform Vehicle Code defines zero blood alcohol tolerance as "the alcohol concentration in a person's blood or breath which is 0.02 or more based on the definition of blood and breath units." See Uniform Vehicle Code, Sec. 6-208 &  Section 108 of the National Committee's model law , "Millennium DUI Prevention Act".


8 - The state should enumerate the laws covered by the term "other driver-related safety laws" of the state


9 - The temporary withdrawal by formal action of the department of a person's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department. See Uniform Vehicle Code, Sec. 1-185.


10 - The termination by formal action of the department of a person's license or privilege to operate a motor vehicle on the public highways, which terminated license or privilege shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this code. See Uniform Vehicle Code, Sec. 1-167. Also see Uniform Vehicle Code, Sec. Chapter 6, Article II--Cancellation, Suspension, or Revocation of licenses.


11- The Uniform Vehicle Code defines zero blood alcohol tolerance as "the alcohol concentration in a person's blood or breath which is 0.02 or more based on the definition of blood and breath units." See Uniform Vehicle Code, Sec. 6-208 &  Section 108 of the National Committee's model law , "Millennium DUI Prevention Act".


12 - The state should enumerate the laws covered by the term "other driver-related safety laws" of the state


13 - The person supervising the driving may be a parent, guardian or other person age 21 or older.


14 - States without a driver education requirement should omit subsection 4(b)(i) 3 requiring applicants under the age of 18 to have completed a driver education program. Such states should consider requiring the applicant's parent or guardian to certify that the applicant has participated in a specified minimum number of hours of supervised driving


15 - All approved driver training and safety education courses and courses of driver instruction shall include at least six hours of actual driving experience. The Drafting Committee recommends serious consideration be given to a driving requirement substantially greater than six hours. .


16- If greater supervision of younger drivers with intermediate licenses is preferred, one option states might consider is to expand the period of supervised driving required for 16-year-olds


17 - States can provide family-related exemptions from the prohibition against unsupervised transporting of teenage passengers, as deemed necessary.


18 - States have the option of defining "conviction-free driving" as the absence of serious moving violations; if a state exercises this option, it should also enumerate which violations are not sufficiently serious to trigger immediate license suspension, but rather may be waived, possibly through a departmental administrative process providing additional education or counseling

 



19 - The Uniform Vehicle Code defines zero blood alcohol tolerance as "the alcohol concentration in a person's blood or breath which is 0.02 or more based on the definition of blood and breath units." See Uniform Vehicle Code, Sec. 6-208 &  Section 108 of the National Committee's model law , "Millennium DUI Prevention Act".


20- The temporary withdrawal by formal action of the department of a person's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department. See Uniform Vehicle Code, Sec. 1-185.


21 - The termination by formal action of the department of a person's license or privilege to operate a motor vehicle on the public highways, which terminated license or privilege shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this code. See Uniform Vehicle Code, Sec. 1-167. Also see Uniform Vehicle Code, Sec. Chapter 6, Article II--Cancellation, Suspension, or Revocation of licenses.


22 - As noted earlier, the state may stipulate moving violations which do not automatically trigger immediate suspension or revocation, but rather may be waived, possibly as a result of participation in departmental counseling or educational programs.


23 - Drafter should cross reference the appropriate traffic code sections setting forth the requirements for obtaining driver's license. These provisions should set forth the appropriate driver training, testing and administrative requirements for acquiring a driver's license.


24 - Drafter should cross reference the appropriate provisions regarding the driver training and testing requirements of the 18-year-old or nonresident licensed driver receiving a driver's license.