License examinations; basic and classified licenses.

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(A) The Department of Motor Vehicles shall examine every applicant for a driver's license, except as otherwise provided in this article. The examination shall include a test of the applicant's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, and his knowledge of the traffic laws of this State and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type motor vehicle, including motorcycles, for which a license is sought. The department may require a further physical and mental examination as it considers necessary to determine the applicant's fitness to operate a motor vehicle upon the highways, the further examination to be at the applicant's expense. The department shall make provisions for giving an examination in the county where the applicant resides. The department shall charge an appropriate fee for each complete examination or reexamination required in this article.

(B) No persons, except those exempted under Section 56-1-30 and Section 56-1-60, or those holding beginner's permits under Section 56-1-50, shall operate any classification of motor vehicle without first being examined and duly licensed by the driver examiner as a qualified driver of that classification of motor vehicle.

(C)(1) A basic driver's license authorizes the licensee to operate motor vehicles, autocycles, motorcycle three-wheel vehicles, excluding a motorcycle with a detachable side car, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight rating; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding another provision of law, the holder of a conditional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a conditional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.

(2) A classified driver's license shall authorize the licensee to operate a motorcycle, motorcycle three-wheel vehicle, including a motorcycle with a detachable side car, or those vehicles in excess of twenty-six thousand pounds gross vehicle weight rating which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, two-axle truck, three- or more axle truck, combination of vehicles, motor busses, or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license.

HISTORY: 1962 Code Section 46-162; 1952 Code Section 46-161; 1942 Code Section 5990; 1932 Code Section 5990; 1930 (36) 1057; 1959 (51) 421; 1974 (58) 2349; 1980 Act No. 358, Section 2; 1992 Act No. 486, Section 5; 1996 Act No. 459, Section 72; 1998 Act No. 258, Section 9; 2000 Act No. 375, Section 2; 2002 Act No. 181, Section 7; 2008 Act No. 347, Section 20, eff June 16, 2008; 2009 Act No. 42, Section 2, eff June 2, 2009; 2017 Act No. 34 (S.444), Section 3, eff November 10, 2017.

Editor's Note

Section 56-1-60, referred to herein, which provided for student's instruction permits, was repealed by 1976 Act No. 738, Section 11.

Sections 56-3-680 and 56-3-690, referred to herein, were repealed by 1979 Act No. 83, Section 2. Comparable provisions appear in Section 56-3-670.

Effect of Amendment

2017 Act No. 34, Section 3, in (C), inserted the (1) and (2) paragraph identifiers, and in (C)(1), substituted "autocycles" for "automotive three-wheel vehicles".


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