§ 31-10-6 - Graduated licensing for person under the age of eighteen (18).
SECTION 31-10-6
§ 31-10-6 Graduated licensing for personunder the age of eighteen (18). – (a) Purpose. To ensure that license holders have sufficient training andexperience and to promote safe, responsible driving, persons under the age ofeighteen (18) shall be granted driving privileges on a limited basis as follows:
(1) Level 1 – Limited instruction permit.
(2) Level 2 – Limited provisional license.
(3) Level 3 – Full operator's license.
(b) Requirements and privileges. A permit or licenseissued pursuant to this section must have a color background or border thatindicates the level of driving privileges granted by the permit or license.
(1) Limited instruction permit. Any person who is atleast sixteen (16) years of age but less than eighteen (18) years of age mayapply to the division of motor vehicles for a limited instruction permit. Thedivision of motor vehicles may, after the applicant has successfully completeda course of driver training prescribed in § 31-10-19 and passed astandardized written examination approved by the administrator of the divisionof motor vehicles or otherwise complied with the requirements of §31-10-21, issue to the applicant a limited instruction permit which shallentitle the applicant to drive a motor vehicle only under the followingconditions:
(i) The permit holder must be in possession of the permit;
(ii) A supervising driver must be seated beside the permitholder in he front seat of the vehicle when it is in motion;
(iii) No person other than the supervising driver can be inthe front seat;
(iv) Every person occupying the vehicle being driven by thepermit holder must have a safety belt properly fastened about his or her body,or be restrained by a child passenger restraint system as provided in §31-22-22 when the vehicle is in motion;
(v) The permittee shall wear a safety belt at all timesunless the permittee provides the division of motor vehicles with a statementfrom a physician indicating that for medical reasons the permittee cannot weara safety belt. A limited instruction permit shall be valid for a period of oneyear, and may be extended for a reasonable period of time if the holder of thepermit provides the division of motor vehicles with evidence of a hardship. Anyperson who is at least sixteen (16) years of age and is enrolled in acommercial drivers' school or in a regularly recognized secondary school orcollege driver training program which is approved by the division of motorvehicles shall not be required to have a limited instruction permit whileoperating a dual-control training vehicle regularly used by that school in itsdriver training program and while a regular instructor in that school orprogram is occupying the seat beside that person.
(2) Limited provisional license. A person may obtain alimited provisional license if the person meets all of the followingrequirements:
(i) Has held a limited instruction permit issued by thedivision of motor vehicles for at least six (6) months;
(B) Has not been convicted of a motor vehicle movingviolation or seat belt infraction during the preceding six (6) months;
(C) Passes a road test administered by the division of motorvehicles and shall also meet the requirements of subsection (iii) herein.
(ii) A limited provisional license authorizes the licenseholder to drive a motor vehicle only under the following conditions:
(A) The license holder must be in possession of the license.
(B) The license holder may drive without supervision in anyof the following circumstances:
(I) From 5:00 a.m. to 1:00 a.m.;
(II) When driving to or from work;
(III) When driving to or from an activity of a volunteer firedepartment, volunteer rescue squad or volunteer emergency medical service, ifthe driver is a member of one of these organizations.
(C) The license holder may drive with supervision at anytime. When the license holder is driving with supervision, the supervisingdriver must be seated beside the license holder in the front seat of thevehicle when it is in motion.
(D) Every person occupying the vehicle being driven by thelicense holder must have a safety belt properly fastened about his or her body,or be restrained by a child safety passenger restraint system as provided in§ 31-22-22 when the vehicle is in motion.
(iii) In addition to meeting the requirements of paragraph(i) of this subdivision, a person under the age of eighteen (18) years seekingto obtain a provisional license shall present with his or her application astatement signed by the person's parent or guardian stating that the applicanthas obtained a minimum of fifty (50) hours of experience with ten (10) of thoseat night as a driver while driving with a supervising driver. These fifty (50)hours may include driving lessons with a commercial driving school or any othersupervised driving.
(iv) During the first twelve (12) months of a limitedprovisional license no more than one passenger younger than twenty-one (21)years of age is allowed in the vehicle. Immediate family/household members areexcepted from this subsection.
(3) Full operator's license. (i) A person who is atleast seventeen (17) years old but less than eighteen (18) years old may applyfor and obtain a full operator's license if the person meets all of thefollowing requirements:
(i) Has held a limited provisional license issued by thedivision of motor vehicles for at least twelve (12) months;
(B) Has not been convicted of a motor vehicle movingviolation or seat belt infraction during the preceding six (6) months.
(ii) A person who meets the requirements of this section mayobtain a full operator's license by mail. The restrictions on Level 1 and Level2 drivers concerning time of driving, supervision and passenger limitations donot apply to a full operator's license.