H.F. 2436 Section 1. Section 321.180B, subsections 2 and 3, Code 1 Supplement 2009, are amended to read as follows: 2 2. Intermediate license. 3 a. The department may issue an intermediate driver’s license 4 to a person sixteen or seventeen years of age who possesses an 5 instruction permit issued under subsection 1 or a comparable 6 instruction permit issued by another state for a minimum of 7 six twelve months immediately preceding application, and 8 who presents an affidavit signed by a parent, guardian, or 9 custodian on a form to be provided by the department that the 10 permittee has accumulated a total of twenty hours of street 11 or highway driving of which two hours were conducted after 12 sunset and before sunrise and the street or highway driving was 13 with the permittee’s parent, guardian, custodian, instructor, 14 a person certified by the department, or a person at least 15 twenty-five years of age who had written permission from a 16 parent, guardian, or custodian to accompany the permittee, and 17 whose driving privileges have not been suspended, revoked, 18 or barred under this chapter or chapter 321J during, and 19 who has been accident and violation free continuously for, 20 the six-month twelve-month period immediately preceding the 21 application for an intermediate license. An applicant for an 22 intermediate license must meet the requirements of section 23 321.186, including satisfactory completion of driver education 24 as required in section 321.178, and payment of the required 25 license fee before an intermediate license will be issued. 26 A Unless accompanied in accordance with subsection 1, a person 27 issued an intermediate license must limit the number of 28 unrelated minor passengers in the motor vehicle when the 29 intermediate licensee is operating the motor vehicle to the 30 number of passenger safety belts one . For purposes of this 31 subsection, “unrelated minor passenger” means a passenger who is 32 under twenty-one years of age and who is not a sibling of the 33 driver, a stepsibling of the driver, or a child who resides in 34 the same household as the driver. 35 -1- LSB 5293HV (2) 83 dea/nh 1/ 4

H.F. 2436 b. Except as otherwise provided, a person issued 1 an intermediate license under this subsection who is 2 operating a motor vehicle between the hours of twelve-thirty 3 a.m. eleven p.m. and five a.m. must be accompanied by a 4 person issued a driver’s license valid for the vehicle 5 operated who is the parent, guardian, or custodian of 6 the permittee intermediate licensee , a member of the 7 permittee’s intermediate licensee’s immediate family if the 8 family member is at least twenty-one years of age, an approved 9 driver education instructor, a prospective driver education 10 instructor who is enrolled in a practitioner preparation 11 program with a safety education program approved by the state 12 board of education, or a person at least twenty-five years of 13 age if written permission is granted by the parent, guardian, 14 or custodian, and who is actually occupying a seat beside the 15 driver. However, a licensee may operate a vehicle to and from 16 school-related extracurricular activities and work without 17 an accompanying driver between the hours of twelve-thirty 18 a.m. eleven p.m. and five a.m. if such the licensee possesses 19 a waiver on a form to be provided by the department. An 20 accompanying driver is not required between the hours of five 21 a.m. and twelve-thirty a.m. eleven p.m. 22 3. Remedial driver improvement action —— suspension of 23 permit, intermediate license, or full license. A person who has 24 been issued an instruction permit, an intermediate license, or 25 a full driver’s license under this section, upon conviction of 26 a moving traffic violation or involvement in a motor vehicle 27 accident which occurred during the term of the instruction 28 permit or intermediate license, shall be subject to remedial 29 driver improvement action or suspension of the permit or 30 current license. A person possessing an instruction permit who 31 has been convicted of a moving traffic violation or has been 32 involved in an accident shall not be issued an intermediate 33 license until the person has completed the remedial driver 34 improvement action and has been accident and violation free 35 -2- LSB 5293HV (2) 83 dea/nh 2/ 4

H.F. 2436 continuously for the six-month twelve-month period immediately 1 preceding the application for the intermediate license. A 2 person possessing an intermediate license who has been 3 convicted of a moving traffic violation or has been involved in 4 an accident shall not be issued a full driver’s license until 5 the person has completed the remedial driver improvement action 6 and has been accident and violation free continuously for the 7 twelve-month period immediately preceding the application for a 8 full driver’s license. 9 Sec. 2. Section 321.194, subsection 1, Code Supplement 10 2009, is amended by adding the following new paragraph: 11 NEW PARAGRAPH . Ob. Unless accompanied in accordance with 12 section 321.180B, subsection 1, a person issued a driver’s 13 license pursuant to this section must limit the number of 14 unrelated minor passengers in the motor vehicle when the 15 licensee is operating the motor vehicle to one. For purposes 16 of this section, “unrelated minor passenger” means a passenger 17 who is under twenty-one years of age and who is not a sibling of 18 the driver, a stepsibling of the driver, or a child who resides 19 in the same household as the driver. 20 Sec. 3. EFFECTIVE DATE. This Act takes effect January 1, 21 2011. 22 EXPLANATION 23 This bill amends provisions relating to intermediate 24 driver’s licenses under the graduated driver licensing program 25 and to special minor’s licenses issued for travel to and from 26 school. 27 Under the graduated driver licensing program, a person who 28 is 16 or 17 years of age must possess an instruction permit 29 for a minimum of six months and be accident and violation 30 free continuously during that six-month period to qualify for 31 an intermediate license. The bill increases the required 32 period of possession of an instruction permit to 12 months 33 and requires the person to be accident and violation free 34 continuously during that 12-month period. The bill requires 35 -3- LSB 5293HV (2) 83 dea/nh 3/ 4

H.F. 2436 that a person with an intermediate license who is operating a 1 motor vehicle between the hours of 11:00 p.m. and 5:00 a.m. 2 be accompanied by a person licensed to drive the vehicle 3 operated who is the parent, guardian, or custodian of the 4 intermediate licensee, a family member who is at least 21 5 years of age, an approved driver education instructor, a 6 prospective driver education instructor who is enrolled in 7 a qualifying practitioner preparation program, or a person 8 at least 25 years of age with the written permission of the 9 parent, guardian, or custodian of the intermediate licensee and 10 who is occupying a seat beside the driver. If the intermediate 11 licensee is operating a motorcycle, the accompanying person 12 must be on or in a different motor vehicle and be within 13 audible and visual communication distance from the intermediate 14 licensee. Existing law requires an intermediate licensee to be 15 accompanied when driving between the hours of 12:30 a.m. and 16 5:00 a.m. 17 Under current law, an intermediate licensee may transport 18 as many passengers as there are seatbelts in the vehicle, but 19 there is no passenger restriction specified for a driver with 20 a special minor’s license. The bill imposes new passenger 21 restrictions for licensees in both categories. Unless 22 accompanied by a licensed driver as described above, a person 23 with an intermediate license or a special minor’s license may 24 not operate a motor vehicle with more than one unrelated minor 25 passenger in the vehicle. The bill defines “unrelated minor 26 passenger” as a passenger under 21 years of age who is not a 27 sibling or stepsibling of the driver or a child who resides in 28 the same household as the driver. 29 A violation of intermediate driver’s license restrictions or 30 special minor’s license restrictions is a simple misdemeanor 31 punishable by a scheduled fine of $30. 32 The bill takes effect January 1, 2011. 33 -4- LSB 5293HV (2) 83 dea/nh 4/ 4