Reprinted
April 12, 2011
ENGROSSED
SENATE BILL No. 101
_____
DIGEST OF SB 101
(Updated April 11, 2011 4:37 pm - DI 96)
Citations Affected: IC 9-24; IC 9-26.
Synopsis: Operator's license and learner's permit issues. Authorizes
the bureau of motor vehicles (bureau) to issue a learner's permit to a
person at least 15 years and 90 days of age under certain conditions.
(Current law authorizes the bureau to issue a learner's permit to a
person at least 15 years and 180 days of age.) Provides that beginning
September 1, 2011, an individual may receive an operator's license at
16 years and 90 days of age, if the individual has obtained an
instructor's certification that the individual has satisfactorily completed
an approved driver education course and has fulfilled certain other
requirements. Makes technical corrections and removes outdated
language.
Effective: Upon passage.
Holdman,
Charbonneau, Wyss,
Arnold, Leising
(HOUSE SPONSORS _ HINKLE, SOLIDAY)
January 5, 2011, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
January 18, 2011, reported favorably _ Do Pass.
January 20, 2011, ordered engrossed.
January 21, 2011, engrossed.
February 3, 2011, returned to second reading.
February 7, 2011, re-read second time, amended, ordered engrossed.
February 8, 2011, engrossed. Read third time, passed. Yeas 41, nays 8.
HOUSE ACTION
March 28, 2011, read first time and referred to Committee on Roads and Transportation.
April 4, 2011, amended, reported _ Do Pass.
April 11, 2011, read second time, amended, ordered engrossed.
Reprinted
April 12, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 101
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-24-3-1; (11)ES0101.2.1. -->
SECTION 1. IC 9-24-3-1, AS AMENDED BY P.L.101-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. Except as otherwise provided in this article,
the bureau shall issue an operator's license to an individual who meets
the following conditions:
(1) Satisfies the age requirements set forth in section 2 or 2.5 or
2.7 of this chapter.
(2) Makes proper application to the bureau under IC 9-24-9 upon
a form prescribed by the bureau. Effective July 1, 2010, The form
must include a verification concerning the number of hours of
supervised driving practice that the individual has completed if
the individual is required under section 2.5 or 2.7 of this chapter
to complete a certain number of hours of supervised driving
practice in order to receive an operator's license.
(3) Satisfactorily passes the examination and tests required for
issuance of an operator's license under IC 9-24-10.
(4) Pays the fee prescribed by IC 9-29-9.
SOURCE: IC 9-24-3-2.5; (11)ES0101.2.2. -->
SECTION 2. IC 9-24-3-2.5, AS ADDED BY P.L.101-2009,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.5. (a) This section applies beginning July 1,
2010,
and expires August 31, 2011.
(b) Except as provided in section 3 of this chapter, an individual
must satisfy the requirements set forth in one (1) of the following
subdivisions to receive an operator's license:
(1) The individual meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty (180)
days of age.
(B) Has held a valid learner's permit for at least one hundred
eighty (180) days.
(C) Obtains an instructor's certification that the individual has
satisfactorily completed an approved driver education course.
(D) Passes the required examination.
(E) Completes at least fifty (50) hours of supervised driving
practice, of which at least ten (10) hours are nighttime driving,
with:
(i) a licensed instructor or a licensed driver who is at least
twenty-five (25) years of age; or
(ii) the spouse of the individual who is at least twenty-one
(21) years of age.
(2) The individual meets the following conditions:
(A) Is at least sixteen (16) years and two hundred seventy
(270) days of age.
(B) Has held a valid learner's permit for at least one hundred
eighty (180) days.
(C) Passes the required examination.
(D) Completes at least fifty (50) hours of supervised driving
practice, of which at least ten (10) hours are nighttime driving,
with:
(i) a licensed instructor or a licensed driver who is at least
twenty-five (25) years of age; or
(ii) the spouse of the individual who is at least twenty-one
(21) years of age.
(3) The individual meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty (180)
days of age but less than eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana, but, at the
time of application, qualifies as an Indiana resident.
(C) Holds an unrevoked driver's license, excluding a learner's
permit or the equivalent, in the state or a combination of states
in which the individual formerly resided for at least one
hundred eighty (180) days.
(D) Passes the required examination.
(4) The individual meets the following conditions:
(A) Is at least eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana but, at the
time of application, qualifies as an Indiana resident.
(C) Has held an unrevoked operator's, chauffeur's, commercial
driver's, or public passenger chauffeur's license from the state
of prior residence.
(D) Passes the required examination.
SOURCE: IC 9-24-3-2.7; (11)ES0101.2.3. -->
SECTION 3. IC 9-24-3-2.7 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 2.7. (a) This section applies beginning
September 1, 2011.
(b) Except as provided in section 3 of this chapter, an individual
must satisfy the requirements set forth in one (1) of the following
subdivisions to receive an operator's license:
(1) The individual meets the following conditions:
(A) Is at least sixteen (16) years and ninety (90) days of age.
(B) Has held a valid learner's permit for at least one
hundred eighty (180) days.
(C) Obtains an instructor's certification that the individual
has satisfactorily completed an approved driver education
course.
(D) Passes the required examination.
(E) Completes at least fifty (50) hours of supervised driving
practice, of which at least ten (10) hours are nighttime
driving, with:
(i) a licensed instructor or a licensed driver who is at
least twenty-five (25) years of age; or
(ii) the spouse of the individual who is at least twenty-one
(21) years of age.
(2) The individual meets the following conditions:
(A) Is at least sixteen (16) years and two hundred seventy
(270) days of age.
(B) Has held a valid learner's permit for at least one
hundred eighty (180) days.
(C) Passes the required examination.
(D) Completes at least fifty (50) hours of supervised
driving practice, of which at least ten (10) hours are
nighttime driving, with:
(i) a licensed instructor or a licensed driver who is at
least twenty-five (25) years of age; or
(ii) the spouse of the individual who is at least twenty-one
(21) years of age.
(3) The individual meets the following conditions:
(A) Is at least sixteen (16) years and one hundred eighty
(180) days of age but less than eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana, but, at
the time of application, qualifies as an Indiana resident.
(C) Holds an unrevoked driver's license, excluding a
learner's permit or the equivalent, in the state or a
combination of states in which the individual formerly
resided for at least one hundred eighty (180) days.
(D) Passes the required examination.
(4) The individual meets the following conditions:
(A) Is at least eighteen (18) years of age.
(B) Has previously been a nonresident of Indiana but, at
the time of application, qualifies as an Indiana resident.
(C) Has held an unrevoked operator's, chauffeur's,
commercial driver's, or public passenger chauffeur's
license from the state of prior residence.
(D) Passes the required examination.
SOURCE: IC 9-24-7-1; (11)ES0101.2.4. -->
SECTION 4. IC 9-24-7-1, AS AMENDED BY P.L.101-2009,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) This subsection expires June 30, 2010.
The bureau shall issue a learner's permit to an individual who meets the
following conditions:
(1) Is at least fifteen (15) years of age.
(2) If less than eighteen (18) years of age, is not ineligible under
IC 9-24-2-1.
(3) Is enrolled in an approved driver education course.
(b) This subsection applies beginning July 1, 2010, and expires
August 31, 2011. The bureau shall issue a learner's permit to an
individual who meets the following conditions:
(1) Is at least fifteen (15) years and one hundred eighty (180) days
of age.
(2) If less than eighteen (18) years of age, is not ineligible under
IC 9-24-2-1.
(3) Is enrolled in an approved driver education course.
SOURCE: IC 9-24-7-1.1; (11)ES0101.2.5. -->
SECTION 5. IC 9-24-7-1.1 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 1.1. (a) This section applies after August 31,
2011.
(b) The bureau shall issue a learner's permit to an individual
who meets the following conditions:
(1) Is at least fifteen (15) years and ninety (90) days of age.
(2) If less than eighteen (18) years of age, is not ineligible
under IC 9-24-2-1.
(3) Is enrolled in an approved driver education course.
SOURCE: IC 9-24-7-2; (11)ES0101.2.6. -->
SECTION 6. IC 9-24-7-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. The bureau shall validate a
learner's permit issued under section 1 1.1 of this chapter (or section
1 of this chapter before its expiration) upon certification by the
instructor of an approved driver education course that the holder has
satisfactorily completed the course.
SOURCE: IC 9-26-1-1.5; (11)ES0101.2.7. -->
SECTION 7. IC 9-26-1-1.5, AS ADDED BY P.L.126-2008,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.5. (a) If:
(1) the driver of a vehicle is physically incapable of determining
the need for or rendering assistance to any injured or entrapped
person as required under section 1(2)(C) of this chapter;
(2) there is another occupant in the vehicle at the time of the
accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1
before its expiration or
IC 9-24-7-1.1 or a driver's license issued under IC 9-24-11;
or
(ii) eighteen (18) years of age; and
(B) capable of determining the need for and rendering
reasonable assistance to injured or entrapped persons as
provided in section 1(2)(C) of this chapter; and
(3) the other occupant in the vehicle knows that the driver of the
vehicle is physically incapable of determining the need for or
rendering assistance to any injured or entrapped person;
the vehicle occupant referred to in subdivisions (2) and (3) shall
immediately determine the need for and render reasonable assistance
to each person injured or entrapped in the accident as provided in
section 1(2)(C) of this chapter.
(b) If:
(1) the driver of a vehicle is physically incapable of giving
immediate notice of an accident as required under section 1(3) of
this chapter;
(2) there is another occupant in the vehicle at the time of the
accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1 before its expiration or
IC 9-24-7-1.1 or a driver's license issued under IC 9-24-11;
or
(ii) eighteen (18) years of age; and
(B) capable of giving notice as provided in section 1(3) of this
chapter; and
(3) the other occupant in the vehicle knows that the driver of the
vehicle is physically incapable of giving immediate notice of an
accident;
the vehicle occupant referred to in subdivisions (2) and (3) shall
immediately give notice of the accident by the quickest means of
communication as provided in section 1(3) of this chapter.
(c) If there is more than one (1) vehicle occupant to whom
subsection (a) applies, it is a defense to a prosecution of one (1) vehicle
occupant under subsection (a) that the defendant reasonably believed
that another occupant of the vehicle determined the need for and
rendered reasonable assistance as required under subsection (a).
(d) If there is more than one (1) vehicle occupant to whom
subsection (b) applies, it is a defense to a prosecution of one (1) vehicle
occupant under subsection (b) that the defendant reasonably believed
that another occupant of the vehicle gave the notice required under
subsection (b).
SOURCE: ; (11)ES0101.2.8. -->
SECTION 8.
An emergency is declared for this act.