(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 271–Assemblymen Humke, Gibbons, Von Tobel, Bache, Beers, Dini, Goldwater, McClain, Mortenson, Neighbors, Price and Williams

 

March 5, 2001

____________

 

Referred to Committee on Education

 

SUMMARY—Revises provisions concerning education and training of drivers. (BDR 34‑1011)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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

1-2    389.090  1.  The state board shall adopt regulations governing the

1-3  establishment, conduct and scope of automobile driver education in the

1-4  public schools of this state. The regulations must set forth, without

1-5  limitation:

1-6    (a) The number of hours of training that must be completed by a pupil

1-7  who enrolls in a course in automobile driver education;

1-8    (b) That a course in automobile driver education may be conducted in

1-9  a classroom or motor vehicle, or both; and

1-10    (c) That if a course in automobile driver education is conducted both

1-11  in a classroom and in a motor vehicle, 1 hour of training in a motor

1-12  vehicle is equivalent to 3 hours of training in a classroom.

2-1    2.  The aims and purposes of automobile driver education are to

2-2  develop the knowledge, attitudes, habits and skills necessary for the safe

2-3  operation of motor vehicles.

2-4    3.  The board of trustees of a school district may establish and maintain

2-5  courses in automobile driver education [classes] during regular semesters

2-6  and summer sessions and during the regular school day and at times other

2-7  than during the regular school day for:

2-8    (a) Pupils enrolled in the regular full-time day high schools in the

2-9  school district.

2-10    (b) Pupils enrolled in summer classes conducted in high schools in the

2-11  school district.

2-12  A board of trustees maintaining courses in automobile driver education

2-13  shall insure against any liability arising out of the use of motor vehicles in

2-14  connection with those courses. The cost of the insurance must be paid from

2-15  available money of the school district . [funds.]

2-16    4.  A governing body of a charter school may establish and maintain

2-17  courses in automobile driver education [classes] if the governing body

2-18  insures against any liability arising out of the use of motor vehicles in

2-19  connection with those courses.

2-20    5.  Automobile driver education must be provided by boards of trustees

2-21  of school districts and governing bodies of charter schools in accordance

2-22  with the regulations of the state board and may not be duplicated by any

2-23  other agency, department, commission or officer of the State of Nevada.

2-24    6.  Each course in automobile driver education provided by a board of

2-25  trustees of a school district or a governing body of a charter school must

2-26  include, without limitation, instruction in:

2-27    (a) Motor vehicle insurance.

2-28    (b) The effect of drugs and alcohol on an operator of a motor vehicle.

2-29    7.  Each course in automobile driver education provided by a board of

2-30  trustees of a school district or a governing body of a charter school must be

2-31  restricted to pupils who are [sophomores, juniors or seniors in high school.]

2-32  at least 15 years of age.

2-33  Sec. 2.  Chapter 483 of NRS is hereby amended by adding thereto a

2-34  new section to read as follows:

2-35  A person to whom the department issues a license pursuant to NRS

2-36  483.250 shall not, during the 3 months immediately succeeding the date

2-37  on which the department issues a license to him pursuant to that section,

2-38  transport as a passenger in a motor vehicle that he is driving any person

2-39  under the age of 18 years unless that passenger is a member of his

2-40  immediate family.

2-41  Sec. 3.  NRS 483.250 is hereby amended to read as follows:

2-42  483.250  The department shall not issue any license[under]pursuant

2-43  to the provisions of NRS 483.010 to 483.630, inclusive:

2-44  1.  To any person who is under the age of 18 years, except that the

2-45  department may issue:

2-46  (a) A restricted license to a person between the ages of 14 and 18 years

2-47  pursuant to the provisions of NRS 483.267 and 483.270.

2-48  (b) An instruction permit to a person who is at least 15 1/2 years of age

2-49  pursuant to the provisions of subsection 1 of NRS 483.280.

3-1    (c) A restricted instruction permit to a person under the age of 18 years

3-2  pursuant to the provisions of subsection 3 of NRS 483.280.

3-3    (d) Except as otherwise provided in paragraph (e), a license to a person

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

3-5       (1) He has completed a course:

3-6       [(1)] (I) In automobile driver education pursuant to NRS 389.090; or

3-7       [(2)] (II) Provided by a school for training drivers licensed pursuant

3-8  to NRS 483.700 to 483.780, inclusive, if the course complies with the

3-9  applicable regulations governing the establishment, conduct and scope of

3-10  automobile driver education adopted by the state board of education

3-11  pursuant to NRS 389.090[,

3-12  and who] ;

3-13      (2) He has at least 50 hours of experience in driving a motor vehicle

3-14  with a restricted license, instruction permit or restricted instruction permit

3-15  issued pursuant to NRS 483.267, 483.270 or 483.280 [. The];

3-16      (3) His parent or legal guardian [of a person who desires to obtain a

3-17  license pursuant to this paragraph must sign and submit]signs and submits

3-18  to the department a form provided by the department which attests that the

3-19  person who desires a license has completed the training and experience

3-20  required by [this paragraph.]subparagraph (2); and

3-21      (4) He has held an instruction permit for at least 3 months before

3-22  he applies for the license.

3-23  (e) A license to a person who is between the ages of [16]15 3/4 and 18

3-24  years if:

3-25      (1) The public school in which he is enrolled is located in a county

3-26  whose population is less than 35,000 or in a city or town whose population

3-27  is less than 25,000;

3-28      (2) The public school does not offer automobile driver education;

3-29      (3) He has at least 50 hours of experience in driving a motor vehicle

3-30  with a restricted license, instruction permit or restricted instruction permit

3-31  issued pursuant to NRS 483.267, 483.270 or 483.280; [and]

3-32      (4) His parent or legal guardian signs and submits to the department a

3-33  form provided by the department which attests that the person who desires

3-34  a license has completed the experience required by subparagraph (3) [.];

3-35  and

3-36      (5) He has held an instruction permit for at least 3 months before

3-37  he applies for the license.

3-38  2.  To any person whose license has been revoked until the expiration

3-39  of the period during which he is not eligible for a license.

3-40  3.  To any person whose license has been suspended, but [,] upon good

3-41  cause shown to the administrator, the department may issue a restricted

3-42  license to him or shorten any period of suspension.

3-43  4.  To any person who has previously been adjudged to be afflicted

3-44  with or suffering from any mental disability or disease and who has not at

3-45  the time of application been restored to legal capacity.

3-46  5.  To any person who is required by NRS 483.010 to 483.630,

3-47  inclusive, to take an examination, unless he has successfully passed the

3-48  examination.

4-1    6.  To any person when the administrator has good cause to believe that

4-2  by reason of physical or mental disability that person would not be able to

4-3  operate a motor vehicle safely.

4-4    7.  To any person who is not a resident of this state.

4-5    8.  To any child who is the subject of a court order issued pursuant to

4-6  paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or

4-7  62.228 which delays his privilege to drive.

4-8    9.  To any person who is the subject of a court order issued pursuant to

4-9  NRS 206.330 which suspends or delays his privilege to drive until the

4-10  expiration of the period of suspension or delay.

4-11    Sec. 4.  NRS 483.280 is hereby amended to read as follows:

4-12    483.280  1.  Any person who is at least 15 1/2 years of age may apply

4-13  to the department for an instruction permit. The department may, in its

4-14  discretion, after the applicant has successfully passed all parts of the

4-15  examination other than the driving test, issue to the applicant an instruction

4-16  permit entitling the applicant, while having the permit in his immediate

4-17  possession, to drive a motor vehicle upon the highways for a period of [8

4-18  months]1 year when accompanied by a licensed driver who is at least 21

4-19  years of age, who has had at least 1 year of licensed driving experience in

4-20  the type of vehicle for which the permit was issued and who is actually

4-21  occupying a seat beside the driver, except when the permittee is occupying

4-22  a motorcycle. The term “licensed driving experience” as used in this

4-23  subsection does not include driving experience gained under an instruction

4-24  permit issued pursuant to the provisions of this section.

4-25    2.  The department may, in its discretion, issue a temporary driver’s

4-26  permit to an applicant for a driver’s license permitting him to drive a motor

4-27  vehicle while the department is completing its investigation and

4-28  determination of all facts relative to the applicant’s right to receive a

4-29  driver’s license. The permit must be in his immediate possession while

4-30  driving a motor vehicle, and is invalid when the applicant’s license has

4-31  been issued or for good cause has been refused.

4-32    3.  The department, upon receiving proper application, may, in its

4-33  discretion, issue a restricted instruction permit effective for a school year,

4-34  or for a more restricted period, to an applicant who is enrolled in a driver

4-35  education program which includes practice driving and which is approved

4-36  by the department even though the applicant has not reached the legal age

4-37  to be eligible for a driver’s license. The instruction permit entitles the

4-38  permittee, when he has the permit in his immediate possession, to drive a

4-39  motor vehicle only on a designated highway or within a designated area,

4-40  but only when an approved instructor is occupying a seat beside the

4-41  permittee.

4-42    Sec. 5.  NRS 483.725 is hereby amended to read as follows:

4-43    483.725  1.  Each course of training provided by a school for training

4-44  drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, must

4-45  include, without limitation, instruction in:

4-46    [1.] (a) Motor vehicle insurance.

4-47    [2.] (b) The effect of drugs and alcohol on an operator of a motor

4-48  vehicle.

5-1    2.  If a course of training provided by a school for training drivers

5-2  licensed pursuant to NRS 483.700 to 483.780, inclusive, consists in whole

5-3  or in part of classroom instruction, that part of the course which consists

5-4  of classroom instruction may be taught interactively through the use of

5-5  communications technology so that persons taking the course need not

5-6  be physically present in a classroom.

5-7    3.  The department shall adopt regulations to carry out the provisions

5-8  of subsection 2. The regulations must include, without limitation:

5-9    (a) Provisions for the licensing and operation of interactive courses

5-10  that use communications technology;

5-11    (b) Provisions to ensure that interactive courses which use

5-12  communications technology are secure, reliable and include measures

5-13  for testing and security that are at least as secure as the measures for

5-14  testing and security which would be available in an ordinary classroom;

5-15  and

5-16    (c) Standards to ensure that interactive courses which use

5-17  communications technology offer a curriculum that is at least as

5-18  stringent as the curriculum which would be available in an ordinary

5-19  classroom.

5-20    4.  As used in this section, “communications technology” means any

5-21  method or component, or both, that is used by a school for training

5-22  drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, to carry

5-23  out or facilitate the transmission of information, including, without

5-24  limitation, the transmission and reception of information by:

5-25    (a) Systems based on the following technologies:

5-26      (1) Video;

5-27      (2) Wire;

5-28       (3) Cable;

5-29      (4) Radio;

5-30      (5) Microwave;

5-31      (6) Light; or

5-32      (7) Optics; and

5-33    (b) Computer data networks, including, without limitation, the

5-34  Internet or its successor, if any, and intranet services.

5-35    Sec. 6.  NRS 483.730 is hereby amended to read as follows:

5-36    483.730  1.  The department shall issue a license to operate a school

5-37  for training drivers or to act as an instructor for such a school, if [it] the

5-38  department is satisfied that the applicant has met the qualifications

5-39  required by NRS 483.700 to 483.780, inclusive.

5-40    2.  The license is valid for 5 years after the date of issuance, unless

5-41  canceled, suspended or revoked by the department and, except as otherwise

5-42  provided in subsection 3, may be renewed subject to the same conditions as

5-43  the original license.

5-44    3.  The department may renew the license of an instructor of a school

5-45  for training drivers if, when he submits his application for the renewal of

5-46  his license, he provides evidence satisfactory to the department that, during

5-47  the period of the license, he completed [at least six credits of continuing

5-48  education by attending:

6-1    (a) A course of instruction relating to the training of drivers approved

6-2  by the department; or

6-3    (b) A state or national conference approved by the department of

6-4  education for credit for continuing education.

6-5    4.  In determining whether an instructor has complied with the

6-6  provisions of subsection 3, the department shall award one credit of

6-7  continuing education for the completion of each 15 hours of:

6-8    (a) Classroom instruction in a course specified in paragraph (a) of

6-9  subsection 3; or

6-10    (b) Attendance at a conference specified in paragraph (b) of subsection

6-11  3.] training of a type and in an amount prescribed by the department by

6-12  regulation.

6-13    Sec. 7.  Section 5 of chapter 407, Statutes of Nevada 1999, at page

6-14  1926, is hereby repealed.

6-15  Sec. 8.  1. This section and sections 1 to 4, inclusive, of this act

6-16  become effective on July 1, 2001.

6-17  2.  Sections 5, 6 and 7 of this act become effective on October 1, 2001.

 

6-18  TEXT OF REPEALED SECTION

 

6-19  Section 5 of chapter 407, Statutes of Nevada 1999:

6-20  Sec. 5.  The requirements for continuing education set forth in

6-21  NRS 483.730 do not apply to the renewal of a license of an

6-22  instructor for a school for training drivers before October 1, 2001.

 

6-23  H