49-307. CLASS D DRIVER’S TRAINING INSTRUCTION PERMIT — CLASS D SUPERVISED INSTRUCTION PERMIT — APPLICATION FOR A CLASS D DRIVER’S LICENSE — RESTRICTIONS ON CLASS D DRIVER’S LICENSE. (1) No enrollee of any class D driver’s training course shall be allowed to attend classes or participate in driving instruction unless he has obtained a class D driver’s training instruction permit, or a class D instruction permit as provided in subsection (4) of this section.
(2) Every enrollee of a class D driver’s training course shall pay a nonrefundable fee of fifteen dollars ($15.00). Five dollars ($5.00) of each fee so imposed shall be deposited in the state highway account, five dollars ($5.00) shall be deposited in the county current expense fund, and five dollars ($5.00) shall be:
(a) Deposited in the driver training account if the person is taking driver’s training from a public school; or
(b) Paid to the bureau of occupational licenses and deposited in the state treasury to the credit of the occupational licenses fund if the person is taking driver’s training from a private driver’s training program. The amount to be remitted to the bureau of occupational licenses shall be annually calculated and paid. To calculate such amount, the total number of public driver’s training students as submitted to the state department of education shall be subtracted from the total number of permits sold as reported by the Idaho transportation department, and the resulting number shall be multiplied by five dollars ($5.00).
(3) Each enrollee of a class D driver’s training course shall provide the type of information required for a driver’s license or instruction permit. If an enrollee of a class D driver’s training course cannot provide a certified copy of his birth certificate at the time of application for a permit, the department may issue a class D driver’s training instruction permit or a class D instruction permit upon receipt of identification acceptable to the department. The certified copy of an applicant’s birth certificate shall be required before a class D driver’s license will be issued.
(4) The class D driver’s training instruction permit shall expire five (5) days after the permittee’s eighteenth birthday for permittees fourteen and one-half (14 1/2) years of age through seventeen and one-half (17 1/2) years of age. The class D driver’s training instruction permit shall expire one hundred eighty (180) days from the date of issue for persons seventeen and one-half (17 1/2) years of age or older. Persons aged seventeen (17) years or older may attend classes or participate in driver’s training instruction while operating with a class D instruction permit or a class D driver’s training instruction permit.
(5) The class D driver’s training instruction permit shall be issued to the instructor of the course.
(6) Class D supervised instruction permit.
(a) Upon successful completion of the class D driver’s training course, the driver’s training instructor shall submit the student log to the county driver’s license office and give the class D driver’s training instruction permit to the parent or legal guardian of the permittee, and the parent or legal guardian shall assume responsibility for ensuring that the permittee complies with the requirements of operating a vehicle with a class D supervised instruction permit. The class D driver’s training instruction permit shall then serve as a class D supervised instruction permit.
(b) In the event the permittee reaches the age of seventeen (17) years while operating a class D vehicle with a class D supervised instruction permit, the supervised instruction permit shall become a class D instruction permit.
(7) No permittee may apply for a class D driver’s license sooner than fifteen (15) years of age and no sooner than six (6) months after completing a class D driver’s training course, during which time the permittee shall satisfy all requirements for operation of a class D vehicle with a class D supervised instruction permit as follows:
(a) The permittee shall not operate a vehicle unless he is accompanied by a driver who holds a valid driver’s license, is twenty-one (21) years of age or older, and who is actually occupying a seat beside the permittee driver. The supervising driver and the permittee shall be the only occupants of the front passenger section of the vehicle.
(b) Over a period of time not less than six (6) months, the permittee shall accumulate at least fifty (50) hours of supervised driving time, ten (10) hours of which shall be during hours of darkness.
(c) The permit shall be in the permittee’s immediate possession at all times while operating a vehicle.
(d) In addition to the permittee driver and the supervising driver, all other occupants of the vehicle shall wear a seat belt or be restrained by child passenger restraints as required by law.
(e) The permittee is subject to the provisions of sections 18-1502 and 18-8004, Idaho Code, relating to violation of age restrictions on consumption of beer, wine, and alcohol and driving under the influence of alcohol, drugs or any other intoxicating substances, respectively.
(f) The permittee shall not have been convicted of any moving traffic violation, or have had driving privileges suspended by the department or the court for any offense, or found to be in violation of any of the restrictions on the class D supervised instruction permit, for a period of at least six (6) months from the date the driver’s training instructor gave the permit to the parent or legal guardian, or from the date a canceled class D supervised instruction permit was reissued, or until the permittee reaches seventeen (17) years of age.
(g) If the permittee is under seventeen (17) years of age and is convicted of a violation of any traffic law, or section 18-1502, 18-8004 or 23-949, Idaho Code, or is found to be in violation of any of the restrictions on the class D supervised instruction permit, the department shall cancel the class D supervised instruction permit, and the cancellation shall not be used to establish rates of motor vehicle insurance charged by a casualty insurer. If the permittee is under seventeen (17) years of age, the permittee may reapply for and be issued a new class D supervised instruction permit upon payment of the appropriate fee, and shall again be required to operate with the class D supervised instruction permit for at least six (6) months from the date of reissue without a conviction or suspension, accumulate the required hours of driving time and adhere to the requirements as specified in paragraphs (a) through (f) of this subsection.
(8) Upon completion of the requirements in subsection (7) of this section, the permittee shall take the knowledge test and skills test administered by a person certified by the Idaho transportation department to administer knowledge and skills tests.
(9) Upon passage of the knowledge and skills tests, the permittee may apply for a class D driver’s license with driving privileges restricted to daylight hours for persons under sixteen (16) years of age, and with full privileges at sixteen (16) years of age or older. Provided however, the restriction on daylight hours only driving privileges for persons under sixteen (16) years of age shall not apply if:
(a) The person under sixteen (16) years of age has a valid class D driver’s license; and
(b) Is accompanied by a driver who holds a valid driver’s license and is twenty-one (21) years of age or older and is actually occupying a seat beside the licensee who is under sixteen (16) years of age; and
(c) The two (2) licensed drivers are the only occupants of the front passenger section of the vehicle.
The restriction of daylight hours only shall mean that period of time one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset.
(10) Upon passage of the knowledge and skills tests, the permittee may apply for a class D driver’s license. Any such licensee who is under the age of seventeen (17) years shall be required, during the first six (6) months from the date of issue of the class D driver’s license, to limit the number of passengers in the vehicle who are under the age of seventeen (17) years to not more than one (1) such passenger. Provided however, the limit of one (1) passenger under the age of seventeen (17) years shall not apply to passengers who are related to the driver by blood, adoption or marriage.
History:
[49-307, added 1988, ch. 265, sec. 41, p. 593; am. 1989, ch. 88, sec. 20, p. 176; am. 1990, ch. 45, sec. 18, p. 71; am. 1994, ch. 347, sec. 4, p. 1098; am. 1998, ch. 110, sec. 18, p. 375; am. 2000, ch. 214, sec. 8, p. 583; am. 2003, ch. 47, sec. 3, p. 176; am. 2007, ch. 249, sec. 2, p. 730; am. 2008, ch. 194, sec. 5, p. 613; am. 2010, ch. 16, sec. 4, p. 28; am. 2014, ch. 92, sec. 1, p. 249; am. 2015, ch. 252, sec. 1, p. 1054.]