Introduced Version
SENATE BILL No. 101
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-24; IC 9-26-1-1.5.
Synopsis: Driver education issues. Authorizes the bureau of motor
vehicles (bureau) to issue a learner's permit to a person at least 15 years
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, effective July 1, 2011, an individual who has not
passed an approved driver education course must: (1) be at least 17
years and 180 days of age; and (2) have held a valid learner's permit for
at least 180 days in order to receive an operator's license.
Effective: Upon passage.
Holdman
January 5, 2011, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
Introduced
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.
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 9-24-3-2.5; (11)IN0101.1.1. -->
SECTION 1. 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.
(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.
This subdivision expires June 30, 2011.
(3) Effective July 1, 2011, the individual meets the following
conditions:
(A) Is at least seventeen (17) 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) 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) (4) 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) (5) 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 9-24-7-1.1; (11)IN0101.1.2. -->
SECTION 2. 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. 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.
SOURCE: IC 9-24-7-2; (11)IN0101.1.3. -->
SECTION 3. 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 repeal) 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)IN0101.1.4. -->
SECTION 4. 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 repeal 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 repeal 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: IC 9-24-7-1; (11)IN0101.1.5. -->
SECTION 5. IC 9-24-7-1 IS REPEALED [EFFECTIVE UPON
PASSAGE].
SOURCE: ; (11)IN0101.1.6. -->
SECTION 6.
An emergency is declared for this act.