S.F. _____ 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 21 the application for an intermediate license. An applicant 22 for an intermediate license must meet the requirements of 23 section 321.186 , including satisfactory completion of driver 24 education as required in section 321.178 , and payment of the 25 required license fee before an intermediate license will be 26 issued. A Unless accompanied in accordance with subsection 1, 27 a person issued an intermediate license must limit the number 28 of 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 1549XC (3) 84 dea/nh 1/ 4

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

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

S.F. _____ motor vehicle between the hours of 10:00 p.m. and 5:00 a.m. 1 be accompanied by a person licensed to drive the vehicle 2 operated who is the parent, guardian, or custodian of the 3 intermediate licensee, a family member who is at least 21 4 years of age, an approved driver education instructor, a 5 prospective driver education instructor who is enrolled in 6 a qualifying practitioner preparation program, or a person 7 at least 25 years of age with the written permission of the 8 parent, guardian, or custodian of the intermediate licensee and 9 who is occupying a seat beside the driver. If the intermediate 10 licensee is operating a motorcycle, the accompanying person 11 must be on or in a different motor vehicle and be within 12 audible and visual communication distance from the intermediate 13 licensee. Existing law requires an intermediate licensee to be 14 accompanied when driving between the hours of 12:30 a.m. and 15 5:00 a.m. 16 Under current law, an intermediate licensee may transport 17 as many passengers as there are seatbelts in the vehicle, but 18 there is no passenger restriction specified for a driver with 19 a special minor’s license. The bill imposes new passenger 20 restrictions for licensees in both categories. Unless 21 accompanied by a licensed driver as described above, a person 22 with an intermediate license or a special minor’s license may 23 not operate a motor vehicle with more than one unrelated minor 24 passenger in the vehicle. The bill defines “unrelated minor 25 passenger” as a passenger under 21 years of age who is not a 26 sibling or stepsibling of the driver or a child who resides in 27 the same household as the driver. 28 A violation of intermediate driver’s license restrictions or 29 special minor’s license restrictions is a simple misdemeanor 30 punishable by a scheduled fine of $50. 31 The bill takes effect January 1, 2012. 32 -4- LSB 1549XC (3) 84 dea/nh 4/ 4