S.F. 184 Section 1. Section 321.180B, subsections 2 and 3, Code 2011, 1 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. A 26 person issued an intermediate license must limit the number of 27 passengers in the motor vehicle when the intermediate licensee 28 is operating the motor vehicle to the number of passenger 29 safety belts. In addition, for the first six months following 30 issuance of the license, a person issued an intermediate 31 license must limit the number of unrelated minor passengers in 32 the motor vehicle when the intermediate licensee is operating 33 the motor vehicle to one, except when the intermediate licensee 34 is accompanied in accordance with subsection 1. For purposes 35 -1- LSB 1549SV (3) 84 dea/nh 1/ 4

S.F. 184 of this subsection, “unrelated minor passenger” means a 1 passenger who is under twenty-one years of age and who is not a 2 sibling of the driver, a stepsibling of the driver, or a child 3 who resides in the same household as the driver. 4 b. Except as otherwise provided, a person issued an 5 intermediate license under this subsection who is operating a 6 motor vehicle between the hours of 12:30 a.m. and 5:00 a.m. 7 must be accompanied by a person issued a driver’s license 8 valid for the vehicle operated who is the parent, guardian, or 9 custodian of the permittee intermediate licensee , a member of 10 the permittee’s intermediate licensee’s immediate family if the 11 family member is at least twenty-one years of age, an approved 12 driver education instructor, a prospective driver education 13 instructor who is enrolled in a practitioner preparation 14 program with a safety education program approved by the state 15 board of education, or a person at least twenty-five years of 16 age if written permission is granted by the parent, guardian, 17 or custodian, and who is actually occupying a seat beside the 18 driver. However, a licensee may operate a vehicle to and from 19 school-related extracurricular activities and work without an 20 accompanying driver between the hours of 12:30 a.m. and 5:00 21 a.m. if such the licensee possesses a waiver on a form to be 22 provided by the department. An accompanying driver is not 23 required between the hours of 5:00 a.m. and 12:30 a.m. 24 3. Remedial driver improvement action —— suspension of 25 permit, intermediate license, or full license. A person who has 26 been issued an instruction permit, an intermediate license, or 27 a full driver’s license under this section , upon conviction of 28 a moving traffic violation or involvement in a motor vehicle 29 accident which occurred during the term of the instruction 30 permit or intermediate license, shall be subject to remedial 31 driver improvement action or suspension of the permit or 32 current license. A person possessing an instruction permit who 33 has been convicted of a moving traffic violation or has been 34 involved in an accident shall not be issued an intermediate 35 -2- LSB 1549SV (3) 84 dea/nh 2/ 4

S.F. 184 license until the person has completed the remedial driver 1 improvement action and has been accident and violation free 2 continuously for the six-month twelve-month period immediately 3 preceding the application for the intermediate license. A 4 person possessing an intermediate license who has been 5 convicted of a moving traffic violation or has been involved in 6 an accident shall not be issued a full driver’s license until 7 the person has completed the remedial driver improvement action 8 and has been accident and violation free continuously for the 9 twelve-month period immediately preceding the application for a 10 full driver’s license. 11 Sec. 2. Section 321.194, subsection 1, Code 2011, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . 0b. Unless accompanied in accordance with 14 section 321.180B, subsection 1, a person issued a driver’s 15 license pursuant to this section must limit the number of 16 unrelated minor passengers in the motor vehicle when the 17 licensee is operating the motor vehicle to one. For purposes 18 of this section, “unrelated minor passenger” means a passenger 19 who is under twenty-one years of age and who is not a sibling of 20 the driver, a stepsibling of the driver, or a child who resides 21 in the same household as the driver. 22 Sec. 3. EFFECTIVE DATE. This Act takes effect January 1, 23 2012. 24 EXPLANATION 25 This bill amends provisions relating to intermediate 26 driver’s licenses under the graduated driver licensing program 27 and to special minor’s licenses issued for travel to and from 28 school. 29 Under the graduated driver licensing program, a person who 30 is 16 or 17 years of age must possess an instruction permit 31 for a minimum of six months and be accident and violation 32 free continuously during that six-month period to qualify for 33 an intermediate license. The bill increases the required 34 period of possession of an instruction permit to 12 months 35 -3- LSB 1549SV (3) 84 dea/nh 3/ 4

S.F. 184 and requires the person to be accident and violation free 1 continuously during that 12-month period. 2 Under current law, an intermediate licensee may transport 3 as many passengers as there are seatbelts in the vehicle, but 4 there is no passenger restriction specified for a driver with 5 a special minor’s license. The bill imposes new passenger 6 restrictions for licensees in both categories. Unless 7 accompanied by a person licensed to drive the vehicle operated 8 who is the parent, guardian, or custodian of the intermediate 9 licensee, a family member who is at least 21 years of age, 10 an approved driver education instructor, a prospective 11 driver education instructor who is enrolled in a qualifying 12 practitioner preparation program, or a person at least 25 years 13 of age with the written permission of the parent, guardian, or 14 custodian of the intermediate licensee and who is occupying a 15 seat beside the driver, a person with an intermediate license 16 or a special minor’s license may not operate a motor vehicle 17 with more than one unrelated minor passenger in the vehicle. 18 The restriction on unrelated minor passengers is lifted for 19 an intermediate licensee after six months. The bill defines 20 “unrelated minor passenger” as a passenger under 21 years of 21 age who is not a sibling or stepsibling of the driver or a child 22 who resides in the same household as the driver. 23 A violation of intermediate driver’s license restrictions or 24 special minor’s license restrictions is a simple misdemeanor 25 punishable by a scheduled fine of $50. 26 The bill takes effect January 1, 2012. 27 -4- LSB 1549SV (3) 84 dea/nh 4/ 4