SB12_EN

Senate Bill No. 12–Joint Rules Committee

CHAPTER..........

AN ACT relating to the training of drivers; requiring the state board of education to adopt regulations governing automobile driver education in public schools; prohibiting certain younger drivers from transporting certain persons as passengers for a certain period after obtaining a driver’s license; requiring certain younger drivers to hold an instruction permit for a certain period before applying for a driver’s license; extending the period for which a person is authorized to hold an instruction permit; authorizing licensed schools for training drivers to use certain interactive technologies in lieu of actual classroom instruction; requiring an instructor of a school for training drivers to complete certain training before his license as an instructor may be renewed by the department of motor vehicles and public safety; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 389.090 is hereby amended to read as follows:

389.090 1. The state board shall adopt regulations governing the

establishment, conduct and scope of automobile driver education in the

public schools of this state. The regulations must set forth, without

limitation:

(a) The number of hours of training that must be completed by a pupil

who enrolls in a course in automobile driver education;

(b) That a course in automobile driver education may be conducted in

a classroom or motor vehicle, or both; and

in a classroom and in a motor vehicle, 1 hour of training in a motor

vehicle is equivalent to 3 hours of training in a classroom.

2. The aims and purposes of automobile driver education are to

develop the knowledge, attitudes, habits and skills necessary for the safe

operation of motor vehicles.

3. The board of trustees of a school district may establish and maintain

courses in automobile driver education [classes] during regular semesters

and summer sessions and during the regular school day and at times other

than during the regular school day for:

(a) Pupils enrolled in the regular full-time day high schools in the

school district.

(b) Pupils enrolled in summer classes conducted in high schools in the

school district.

A board of trustees maintaining courses in automobile driver education

shall insure against any liability arising out of the use of motor vehicles in

connection with those courses. The cost of the insurance must be paid

from available money of the school district . [funds.]

4. A governing body of a charter school may establish and maintain

courses in automobile driver education [classes] if the governing body

insures against any liability arising out of the use of motor vehicles in

connection with those courses.

5. Automobile driver education must be provided by boards of trustees

of school districts and governing bodies of charter schools in accordance

with the regulations of the state board and may not be duplicated by any

other agency, department, commission or officer of the State of Nevada.

6. Each course in automobile driver education provided by a board of

trustees of a school district or a governing body of a charter school must

include, without limitation, instruction in:

(a) Motor vehicle insurance.

(b) The effect of drugs and alcohol on an operator of a motor vehicle.

7. Each course in automobile driver education provided by a board of

trustees of a school district or a governing body of a charter school must

be restricted to pupils who are [sophomores, juniors or seniors in high

school.] at least 15 years of age.

Sec. 2. Chapter 483 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. If a person is under the age of 16 years on the date on which the

department issues a license to him pursuant to NRS 483.250, he shall

not, during the 90 days immediately succeeding the date on which the

department issues that license, transport as a passenger in a motor

vehicle that he is driving any person under the age of 18 years unless

that passenger is a member of his immediate family.

2. If a person is 16 years of age or older but less than 17 years of age

on the date on which the department issues a license to him pursuant to

NRS 483.250, he shall not, during the 60 days immediately succeeding

the date on which the department issues that license, transport as a

passenger in a motor vehicle that he is driving any person under the age

of 18 years unless that passenger is a member of his immediate family.

3. If a person is 17 years of age or older but less than 18 years of age

on the date on which the department issues a license to him pursuant to

NRS 483.250, he shall not, during the 30 days immediately succeeding

the date on which the department issues that license, transport as a

passenger in a motor vehicle that he is driving any person under the age

of 18 years unless that passenger is a member of his immediate family.

Sec. 3. NRS 483.250 is hereby amended to read as follows:

483.250 The department shall not issue any license[under]pursuant

to the provisions of NRS 483.010 to 483.630, inclusive:

1. To any person who is under the age of 18 years, except that the

department may issue:

(a) A restricted license to a person between the ages of 14 and 18 years

pursuant to the provisions of NRS 483.267 and 483.270.

(b) An instruction permit to a person who is at least 15 1/2 years of age

pursuant to the provisions of subsection 1 of NRS 483.280.

pursuant to the provisions of subsection 3 of NRS 483.280.

(d) Except as otherwise provided in paragraph (e), a license to a person

between the ages of[16]15 3/4 and 18 years[who] if:

(1) He has completed a course:

[(1)] (I) In automobile driver education pursuant to NRS 389.090; or

[(2)] (II) Provided by a school for training drivers licensed pursuant

to NRS 483.700 to 483.780, inclusive, if the course complies with the

applicable regulations governing the establishment, conduct and scope of

automobile driver education adopted by the state board of education

pursuant to NRS 389.090[,

and who] ;

(2) He has at least 50 hours of experience in driving a motor vehicle

with a restricted license, instruction permit or restricted instruction permit

issued pursuant to NRS 483.267, 483.270 or 483.280 [. The];

(3) His parent or legal guardian [of a person who desires to obtain a

license pursuant to this paragraph must sign and submit]signs and

submits to the department a form provided by the department which attests

that the person who desires a license has completed the training and

experience required by [this paragraph.]subparagraphs (1) and (2); and

(4) He has held an instruction permit for at least:

(I) Ninety days before he applies for the license, if he was under

the age of 16 years at the time he obtained the instruction permit;

(II) Sixty days before he applies for the license, if he was at least

16 years of age but less than 17 years of age at the time he obtained the

instruction permit; or

(III) Thirty days before he applies for the license, if he was at

least 17 years of age but less than 18 years of age at the time he obtained

the instruction permit.

(e) A license to a person who is between the ages of [16]15 3/4 and 18

years if:

(1) The public school in which he is enrolled is located in a county

whose population is less than 35,000 or in a city or town whose population

is less than 25,000;

(2) The public school does not offer automobile driver education;

(3) He has at least 50 hours of experience in driving a motor vehicle

with a restricted license, instruction permit or restricted instruction permit

issued pursuant to NRS 483.267, 483.270 or 483.280; [and]

(4) His parent or legal guardian signs and submits to the department a

form provided by the department which attests that the person who desires

a license has completed the experience required by subparagraph (3) [.];

and

(5) He has held an instruction permit for at least:

(I) Ninety days before he applies for the license, if he was under

the age of 16 years at the time he obtained the instruction permit;

(II) Sixty days before he applies for the license, if he was at least

16 years of age but less than 17 years of age at the time he obtained the

instruction permit; or

(III) Thirty days before he applies for the license, if he was at

least 17 years of age but less than 18 years of age at the time he obtained

the instruction permit.

2. To any person whose license has been revoked until the expiration

of the period during which he is not eligible for a license.

3. To any person whose license has been suspended, but [,] upon good

cause shown to the administrator, the department may issue a restricted

license to him or shorten any period of suspension.

4. To any person who has previously been adjudged to be afflicted

with or suffering from any mental disability or disease and who has not at

the time of application been restored to legal capacity.

5. To any person who is required by NRS 483.010 to 483.630,

inclusive, to take an examination, unless he has successfully passed the

examination.

6. To any person when the administrator has good cause to believe that

by reason of physical or mental disability that person would not be able to

operate a motor vehicle safely.

7. To any person who is not a resident of this state.

8. To any child who is the subject of a court order issued pursuant to

paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or

62.228 which delays his privilege to drive.

9. To any person who is the subject of a court order issued pursuant to

NRS 206.330 which suspends or delays his privilege to drive until the

expiration of the period of suspension or delay.

Sec. 4. NRS 483.280 is hereby amended to read as follows:

483.280 1. Any person who is at least 15 1/2 years of age may apply

to the department for an instruction permit. The department may, in its

discretion, after the applicant has successfully passed all parts of the

examination other than the driving test, issue to the applicant an

instruction permit entitling the applicant, while having the permit in his

immediate possession, to drive a motor vehicle upon the highways for a

period of [8 months]1 year when accompanied by a licensed driver who is

at least 21 years of age, who has had at least 1 year of licensed driving

experience in the type of vehicle for which the permit was issued and who

is actually occupying a seat beside the driver, except when the permittee is

occupying a motorcycle. The term “licensed driving experience” as used

in this subsection does not include driving experience gained under an

instruction permit issued pursuant to the provisions of this section.

2. The department may, in its discretion, issue a temporary driver’s

permit to an applicant for a driver’s license permitting him to drive a

motor vehicle while the department is completing its investigation and

determination of all facts relative to the applicant’s right to receive a

driver’s license. The permit must be in his immediate possession while

driving a motor vehicle, and is invalid when the applicant’s license has

been issued or for good cause has been refused.

3. The department, upon receiving proper application, may, in its

discretion, issue a restricted instruction permit effective for a school year,

or for a more restricted period, to an applicant who is enrolled in a driver

education program which includes practice driving and which is approved

by the department even though the applicant has not reached the legal age

to be eligible for a driver’s license. The instruction permit entitles the

permittee, when he has the permit in his immediate possession, to drive a

motor vehicle only on a designated highway or within a designated area,

but only when an approved instructor is occupying a seat beside the

permittee.

Sec. 5. NRS 483.725 is hereby amended to read as follows:

483.725 1. Each course of training provided by a school for training

drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, must

include, without limitation, instruction in:

[1.] (a) Motor vehicle insurance.

[2.] (b) The effect of drugs and alcohol on an operator of a motor

vehicle.

2. If a course of training provided by a school for training drivers

licensed pursuant to NRS 483.700 to 483.780, inclusive, consists in

whole

or in part of classroom instruction, that part of the course which consists

of classroom instruction may be taught interactively through the use of

communications technology so that persons taking the course need not

be physically present in a classroom.

3. The department shall adopt regulations to carry out the provisions

of subsection 2. The regulations must include, without limitation:

(a) Provisions for the licensing and operation of interactive courses

that use communications technology;

(b) Provisions to ensure that interactive courses which use

communications technology are secure, reliable and include measures

for testing and security that are at least as secure as the measures for

testing and security which would be available in an ordinary classroom;

and

communications technology offer a curriculum that is at least as

stringent as the curriculum which would be available in an ordinary

classroom.

4. As used in this section, “communications technology” means any

method or component, or both, that is used by a school for training

drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, to carry

out or facilitate the transmission of information, including, without

limitation, the transmission and reception of information by:

(a) Systems based on the following technologies:

(1) Video;

(2) Wire;

(3) Cable;

(4) Radio;

(5) Microwave;

(6) Light; or

(7) Optics; and

(b) Computer data networks, including, without limitation, the

Internet or its successor, if any, and intranet services.

Sec. 6. NRS 483.730 is hereby amended to read as follows:

483.730 1. The department shall issue a license to operate a school

for training drivers or to act as an instructor for such a school, if [it] the

department is satisfied that the applicant has met the qualifications

required by NRS 483.700 to 483.780, inclusive.

2. The license is valid for 5 years after the date of issuance, unless

canceled, suspended or revoked by the department and, except as

otherwise provided in subsection 3, may be renewed subject to the same

conditions as the original license.

3. The department may renew the license of an instructor of a school

for training drivers if, when he submits his application for the renewal of

his license, he provides evidence satisfactory to the department that,

during the period of the license, he completed [at least six credits of

continuing education by attending:

(a) A course of instruction relating to the training of drivers approved

by the department; or

(b) A state or national conference approved by the department of

education for credit for continuing education.

4. In determining whether an instructor has complied with the

provisions of subsection 3, the department shall award one credit of

continuing education for the completion of each 15 hours of:

(a) Classroom instruction in a course specified in paragraph (a) of

subsection 3; or

(b) Attendance at a conference specified in paragraph (b) of subsection

3.] training of a type and in an amount prescribed by the department by

regulation.

Sec. 7. Section 5 of chapter 407, Statutes of Nevada 1999, at page

1926, is hereby repealed.

Sec. 8. 1. This section and sections 1 to 4, inclusive, of this act

become effective on July 1, 2001.

2. Sections 5, 6 and 7 of this act become effective on October 1, 2001.

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