HB2833 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-3164, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3164. Original applicants; examination; first time driver education course; fund

A. The department may do any of the following:

1. Examine an applicant for an original driver license.

2. Accept the examination conducted by an authorized third party pursuant to chapter 13 of this title. Beginning July 1, 2014, the third party must be authorized pursuant to section 28-5101.01 or 28-5101.03.

3. Accept documentation of successful completion of a driver training course approved by the department. Beginning July 1, 2014, for a class D or G license the documentation must be provided by a third party authorized pursuant to section 28-5101.02.

4. Accept documentation that the applicant has successfully completed education on special performance equipment and medically related driving circumstances. Beginning July 1, 2014, the documentation must be provided by a third party authorized pursuant to section 28-5101.02.

5. Accept documentation that the applicant has successfully completed driver education lessons provided by an instructor who is certified by the superintendent of public instruction.

B. The examination shall include all of the following:

1. A test of the applicant's:

(a) Eyesight.

(b) Ability to read and understand official traffic control devices.

(c) Knowledge of safe driving practices and the traffic laws of this state, including those practices and laws relating to bicycles.

(d) Knowledge of the effect of using a portable wireless communication device as defined in section 28-914 or engaging in other actions that could distract a driver on the safe or effective operation of a motor vehicle.

2. An actual demonstration of ability to exercise ordinary and reasonable control in the operation of a vehicle or vehicle combination of the type covered by the license classification or endorsement for which the applicant applies.

3. Other physical and mental examinations if the department finds them necessary to determine the applicant's fitness to safely operate a motor vehicle on the highways.

C. The department may examine an original applicant for a class M license or a motorcycle endorsement or the department may accept the examination conducted by an authorized third party pursuant to chapter 13, article 1 of this title or documentation of successful completion of a motorcycle training program approved by the department. Beginning July 1, 2014, the documentation of successful completion of a motorcycle training program must be provided by a third party motorcycle driver license training provider authorized pursuant to section 28-5101.02 or a motorcycle training program approved by the department and provided in another state or by the United States military. The department may examine an applicant who has a motorcycle license from another jurisdiction. This examination shall be the same as for all applicants, except that the department may make modifications it finds necessary to determine the applicant's fitness to operate a motorcycle, motor driven cycle or moped on the highways.

D. The department shall examine a person who holds a driver license issued by another country and who applies for an initial license in this state as an original applicant, except that the department may waive an actual demonstration of the ability to exercise ordinary and reasonable control in the operation of a motor vehicle if the person applies for a class D or G license and appears to meet the department's medical qualifications and if the out-of-state license is not revoked or is not expired for more than one year.

E. The department may waive the driving examination for initial applicants for a class M license or a motorcycle endorsement if all of the following conditions exist:

1. The applicant's current license indicates the applicant has been specifically licensed to operate a motorcycle.

2. The applicant appears to meet the department's medical qualifications.

3. The applicant's out-of-state license is not revoked or is not expired for more than one year.

F. The department shall establish a first time driver education course to enhance street and highway safety and to reduce the number of vehicle collisions and moving traffic violations. Only a department-approved provider that meets the department's training and curriculum standards may teach the course, which may be conducted in a classroom or online, depending on the provider's authority from the department. A department-approved provider may use a school district or charter school to administer the course. The provider may charge a fee for each course and shall remit a portion of the course fee in an amount to be determined by the director to the department on a quarterly basis. The director shall deposit, pursuant to sections 35-146 and 35-147, the state's portion of the collected course fee in the first time driving scholarship fund established by this section.

G. The first time driver education course curriculum must be at least four hours in length and be demonstrably effective in reducing vehicle collisions or moving violations, or both, based on delivery modalities that the curriculum uses, including online, classroom-based and video instructional methods. tHE COURSE SHALL Provide information on the proper procedures to follow when a driver is stopped by a law enforcement officer, including How the driver should safely behave and interact with the law enforcement officer AND Pertinent information relating to the driver's rights during a stop under the United States constitution and the Arizona constitution. for students under eighteen years of age, the course content and final examination must specifically address and include information relevant to class G licensure in this state, including the RESTRICTIONS prescribed in section 28-3174 to ensure students are well prepared for the stages and requirements of class G licensure. A person who successfully COMPLETES the course and passes the final examination is exempt from taking a written examination that is described in subsection A or D of this section. If the course is offered online it must include all of the following:

1. Mechanisms to verify continuous engagement and prevent content skipping, ensuring that a student completes the entire course.

2. Interactive exercises that engage a student in active learning.

3. Progress tracking features to monitor a student's advancement through the course material.

4. Regular assessments to evaluate a student's understanding and retention of the material.

5. A comprehensive final examination that assesses the student's readiness and knowledge.

H. Before being approved by the department in a manner prescribed by the director, a course provider must submit an effectiveness study to the department that demonstrates the effectiveness of the curriculum that is used in the provider's course. The study must be exclusively conducted by independent state agencies or accredited academic institutions within the United States. A prelicensure or defensive driving course that has undergone efficacy studies in other states in the United States may qualify as demonstrating the effectiveness of the curriculum of the department-approved provider's course. Notwithstanding any other law, before the department may issue a driver license to an applicant, the applicant must complete the first time driver education course described in subsection F of this section if the applicant either:

1. Is at least sixteen years of age and has not previously either:

(a) Been issued a driver LICENSE from this state or ANOTHER state in the United States or a United States territory.

(b) Completed a department-approved first time driver education course.

2. Has a suspended or revoked driver license from this state or another state in the United States or a United States territory.

I. The first time driving scholarship fund is established to provide financial assistance to first time driver education course students who meet the eligibility requirements established under the national school lunch and child nutrition acts (42 united states code sections 1751 through 1793) or qualify for school meal programs pursuant to title 15, chapter 10, article 4. The Fund shall cover all costs of a first time driving course. The department shall administer the fund. monies in the fund are continuously appropriated. END_STATUTE

Sec. 2. Title 28, chapter 8, article 4, Arizona Revised Statutes, is amended by adding section 28-3164.01, to read:

START_STATUTE28-3164.01. Licensure; rules; first time driver education providers; audit

A. A person may not act as a first time driver education provider unless the person applies for and obtains from the director a license in the manner and form prescribed by the director. The department may license only one provider per curriculum and shall post and maintain the approved providers on its website.

B. The department shall adopt rules for the licensure of a provider that offers first time driver education courses that Establish standards for educational content and require a provider to offer comprehensive and effective driver education to first time drivers and for the approval of the provider's curriculum. The provider may allow other defensive driving schools or traffic SURVIVAL schools to use the provider's approved curriculum as an affiliate of the provider.

C. The department may conduct an audit or cause an audit to be preformed on a licensed provider to ensure compliance with this section. The DEPARTMENT may impose penalties for a violation of this section, including revocation of the provider's license. END_STATUTE

Sec. 3. Section 28-3174, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3174. Class G driver licenses; restrictions; civil penalties; motorcycles

A. A person who is under eighteen years of age may apply to the department for a class G driver license if all of the following apply:

1. The person is at least sixteen years of age.

2. The person has a valid instruction permit issued pursuant to this article and the person has held the instruction permit for at least six months, except that this requirement does not apply to a person who has a currently valid driver license issued by another jurisdiction.

3. The person successfully completes a department-approved first time DRIVER education course prescribed in section 28-3164.

3. 4. Any Either of the following applies:

(a) The person has satisfactorily completed a driver education program that is approved by the department of transportation. If the driver education program is offered by a public high school, the program shall be approved by the department of transportation in consultation with the department of education.

(b) Both of the following apply:

(i) The person completes a driver education program that is offered by a defensive driving school that is certified pursuant to section 28-3395 and that is approved by the supreme court or a traffic survival school.

(ii) A custodial parent or guardian of the person certifies in writing to the department that the applicant has completed at least twenty hours of supervised driving practice and that at least six of the required practice hours were at night.

(c) (b) A custodial parent or guardian of the person certifies in writing to the department that the applicant has completed at least thirty hours of supervised driving practice and that at least ten of the required practice hours were at night.

5. THE PERSON'S PARENT OR LEGAL GUARDIAN SIGNS A FORM STATING THAT THE PARENT OR LEGAL GUARDIAN UNDERSTANDS THE INFORMATION PRESCRIBED IN SUBSECTIONS C and d OF THIS SECTION.

B. If the applicant successfully passes the examination prescribed in section 28-3164 and satisfies the requirements prescribed in subsection A of this section, the department may issue a class G driver license to the applicant.

C. B. Except as provided in subsection D C of this section, a class G driver license entitles the licensee to drive a motor vehicle that requires a class G license on the public highways.

D. C. Except as provided in subsection K J of this section, for the first six months that a class G licensee holds the license, the licensee shall not drive a motor vehicle on a public highway from 12:00 a.m. to 5:00 a.m. unless either:

1. The licensee is accompanied by a parent or legal guardian who has a class A, B, C or D license and who occupies a seat beside the class G licensee.

2. The licensee is driving directly to or from a sanctioned school sponsored activity, the licensee's place of employment, a sanctioned religious activity or a family emergency.

E. D. Except as provided in this subsection and subsection K J of this section, for the first six months that a class G licensee holds the license, the licensee shall not drive a motor vehicle on a public highway at any time if the licensee is driving a motor vehicle containing more than one passenger under the age of eighteen. This restriction does not:

1. Prohibit the licensee from driving a motor vehicle containing passengers under the age of eighteen if the passengers are the licensee's siblings.

2. Apply if the licensee is accompanied by a parent or legal guardian who has a class A, B, C or D license and who occupies a seat beside the class G licensee.

F. E. Except as provided in subsection K J of this section, for the first six months that a class G licensee holds the license, the licensee may not drive a motor vehicle while using a wireless communication device for any reason except either:

1. During an emergency in which stopping the motor vehicle is impossible or will create an additional emergency or safety hazard.

2. When using an audible turn-by-turn navigation system if both of the following apply:

(a) The destination is not manually entered into the wireless communication device while the licensee is driving the motor vehicle.

(b) The licensee does not manually adjust the wireless communication device while driving the motor vehicle.

G. F. A peace officer shall not stop or issue a citation to a person operating a motor vehicle on a highway in this state for a violation of subsection C, D, or E or F of this section unless the peace officer has reasonable cause to believe there is another alleged violation of a motor vehicle law of this state.

H. G. If a licensee is found responsible for violating subsection C, D, or E or F of this section, the licensee:

1. For a first violation, is subject to a maximum civil penalty of $75. The department shall extend the restriction prescribed by subsection C, D, or E or F of this section for thirty days, or if the restriction prescribed by subsection C, D, or E or F of this section is complete, the thirty day restriction begins on the department's receipt of the report of the finding of responsibility.

2. For a second violation, is subject to a maximum civil penalty of $100. The department shall extend the restriction prescribed by subsection C, D, or E or F of this section for sixty days, or if the restriction prescribed by subsection C, D, or E or F of this section is complete, the sixty day restriction begins on the department's receipt of the report of the finding of responsibility. If at the time of the second violation the licensee is subject to an extension of the six month period pursuant to paragraph 1 of this subsection, the extensions run consecutively.

3. For a third or subsequent violation, is subject to a maximum civil penalty of $100. On the department's receipt of the report of the finding of responsibility, the department shall suspend the licensee's driving privilege for thirty days. If the licensee also has a suspension resulting from a moving civil traffic violation or a moving criminal traffic offense as prescribed by section 28-3321, the suspensions run consecutively.

I. H. A citation issued for violating subsection D C of this section shall be dismissed if the licensee to whom the citation was issued produces any of the following evidence to the appropriate court officer on or before the date and time specified on the citation for court appearance and in a manner specified by the court:

1. A written, notarized letter from the parent or legal guardian of the licensee that the licensee was going to or returning from a sanctioned school sponsored activity, the licensee's place of employment, a sanctioned religious activity or a family emergency.

2. A written, notarized letter from a representative of the sanctioned school sponsored activity certifying that the licensee was returning from the school activity.

3. A written, notarized letter from the licensee's employer certifying that the licensee was returning from the licensee's place of employment.

4. A written, notarized letter from a representative of the sanctioned religious activity certifying that the licensee was returning from the religious activity.

J. I. A citation issued for violating subsection E D of this section shall be dismissed if the licensee to whom the citation was issued produces a written, notarized letter from the parent or legal guardian of the licensee to the appropriate court officer on or before the date and time specified on the citation for court appearance and in a manner specified by the court that states the passengers in the vehicle with the licensee at the time of the violation were the siblings of the licensee.

K. J. The restrictions imposed by subsection C, D, or E or F of this section do not apply beginning on the licensee's eighteenth birthday. Any penalties or restrictions imposed pursuant to subsection H G of this section shall be fully satisfied even if the licensee is eighteen years of age or older.

L. K. A person who holds a class G driver license may apply for a class D license on or after the person's eighteenth birthday, except that a person whose class G driver license is suspended pursuant to section 28-3321 is not entitled to receive a class D driver license until after the suspension period expires.

M. L. If a person who is under eighteen years of age and at least sixteen years of age applies for a class M license or a motorcycle endorsement, the department shall not issue the class M license or motorcycle endorsement to the person unless both of the following apply:

1. The applicant has held an instruction permit issued pursuant to section 28-3156 for at least six months, except that this requirement does not apply to a person who has a currently valid motorcycle driver license or endorsement issued by another jurisdiction.

2. Either:

(a) The person has satisfactorily completed a motorcycle driver education program that is approved by the department. If the driver education program is offered by a public high school, the program shall be approved by the department of transportation in consultation with the department of education.

(b) A custodial parent or guardian of the person certifies in writing to the department that the applicant has completed at least thirty hours of motorcycle driving practice. END_STATUTE

Sec. 4. Legislative intent

The legislature intends that the first time driver education course fee established pursuant to section 28-3164, Arizona Revised Statutes, as amended by this act, be not more than $30 per student and that the state's portion of the $30 fee be not more than $10.