(REPRINTED WITH ADOPTED AMENDMENTS)
THIRD REPRINT A.B. 271
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.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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 1. If a person is under the age of 16 years on the date on which the
2-36 department issues a license to him pursuant to NRS 483.250, he shall
2-37 not, during the 90 days immediately succeeding the date on which the
2-38 department issues that license, transport as a passenger in a motor
2-39 vehicle that he is driving any person under the age of 18 years unless
2-40 that passenger is a member of his immediate family.
2-41 2. If a person is 16 years of age or older but less than 17 years of
2-42 age, on the date on which the department issues a license to him
2-43 pursuant to NRS 483.250, he shall not, during the 60 days immediately
2-44 succeeding the date on which the department issues that license,
2-45 transport as a passenger in a motor vehicle that he is driving any person
2-46 under the age of 18 years unless that passenger is a member of his
2-47 immediate family.
3-1 3. If a person is 17 years of age or older but less than 18 years of
3-2 age, on the date on which the department issues a license to him
3-3 pursuant to NRS 483.250, he shall not, during the 30 days immediately
3-4 succeeding the date on which the department issues that license,
3-5 transport as a passenger in a motor vehicle that he is driving any person
3-6 under the age of 18 years unless that passenger is a member of his
3-7 immediate family.
3-8 Sec. 3. NRS 483.250 is hereby amended to read as follows:
3-9 483.250 The department shall not issue any license[under]pursuant
3-10 to the provisions of NRS 483.010 to 483.630, inclusive:
3-11 1. To any person who is under the age of 18 years, except that the
3-12 department may issue:
3-13 (a) A restricted license to a person between the ages of 14 and 18 years
3-14 pursuant to the provisions of NRS 483.267 and 483.270.
3-15 (b) An instruction permit to a person who is at least 15 1/2 years of age
3-16 pursuant to the provisions of subsection 1 of NRS 483.280.
3-17 (c) A restricted instruction permit to a person under the age of 18 years
3-18 pursuant to the provisions of subsection 3 of NRS 483.280.
3-19 (d) Except as otherwise provided in paragraph (e), a license to a person
3-20 between the ages of[16]15 3/4 and 18 years[who] if:
3-21 (1) He has completed a course:
3-22 [(1)] (I) In automobile driver education pursuant to NRS 389.090; or
3-23 [(2)] (II) Provided by a school for training drivers licensed pursuant
3-24 to NRS 483.700 to 483.780, inclusive, if the course complies with the
3-25 applicable regulations governing the establishment, conduct and scope of
3-26 automobile driver education adopted by the state board of education
3-27 pursuant to NRS 389.090[,
3-28 and who] ;
3-29 (2) 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 [. The];
3-32 (3) His parent or legal guardian [of a person who desires to obtain a
3-33 license pursuant to this paragraph must sign and submit]signs and submits
3-34 to the department a form provided by the department which attests that the
3-35 person who desires a license has completed the training and experience
3-36 required by [this paragraph.]subparagraph (2); and
3-37 (4) He has held an instruction permit for at least:
3-38 (I) Ninety days before he applies for the license, if he was under
3-39 the age of 16 years at the time he obtained the instruction permit;
3-40 (II) Sixty days before he applies for the license, if he was at least
3-41 16 years of age but less than 17 years of age at the time he obtained the
3-42 instruction permit; or
3-43 (III) Thirty days before he applies for the license, if he was at
3-44 least 17 years of age but less than 18 years of age at the time he obtained
3-45 the instruction permit.
3-46 (e) A license to a person who is between the ages of [16]15 3/4 and 18
3-47 years if:
4-1 (1) The public school in which he is enrolled is located in a county
4-2 whose population is less than 35,000 or in a city or town whose population
4-3 is less than 25,000;
4-4 (2) The public school does not offer automobile driver education;
4-5 (3) He has at least 50 hours of experience in driving a motor vehicle
4-6 with a restricted license, instruction permit or restricted instruction permit
4-7 issued pursuant to NRS 483.267, 483.270 or 483.280; [and]
4-8 (4) His parent or legal guardian signs and submits to the department a
4-9 form provided by the department which attests that the person who desires
4-10 a license has completed the experience required by subparagraph (3) [.];
4-11 and
4-12 (5) He has held an instruction permit for at least:
4-13 (I) Ninety days before he applies for the license, if he was under
4-14 the age of 16 years at the time he obtained the instruction permit;
4-15 (II) Sixty days before he applies for the license, if he was at least
4-16 16 years of age but less than 17 years of age at the time he obtained the
4-17 instruction permit; or
4-18 (III) Thirty days before he applies for the license, if he was at
4-19 least 17 years of age but less than 18 years of age at the time he obtained
4-20 the instruction permit.
4-21 2. To any person whose license has been revoked until the expiration
4-22 of the period during which he is not eligible for a license.
4-23 3. To any person whose license has been suspended, but [,] upon good
4-24 cause shown to the administrator, the department may issue a restricted
4-25 license to him or shorten any period of suspension.
4-26 4. To any person who has previously been adjudged to be afflicted
4-27 with or suffering from any mental disability or disease and who has not at
4-28 the time of application been restored to legal capacity.
4-29 5. To any person who is required by NRS 483.010 to 483.630,
4-30 inclusive, to take an examination, unless he has successfully passed the
4-31 examination.
4-32 6. To any person when the administrator has good cause to believe that
4-33 by reason of physical or mental disability that person would not be able to
4-34 operate a motor vehicle safely.
4-35 7. To any person who is not a resident of this state.
4-36 8. To any child who is the subject of a court order issued pursuant to
4-37 paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or
4-38 62.228 which delays his privilege to drive.
4-39 9. To any person who is the subject of a court order issued pursuant to
4-40 NRS 206.330 which suspends or delays his privilege to drive until the
4-41 expiration of the period of suspension or delay.
4-42 Sec. 4. NRS 483.280 is hereby amended to read as follows:
4-43 483.280 1. Any person who is at least 15 1/2 years of age may apply
4-44 to the department for an instruction permit. The department may, in its
4-45 discretion, after the applicant has successfully passed all parts of the
4-46 examination other than the driving test, issue to the applicant an instruction
4-47 permit entitling the applicant, while having the permit in his immediate
4-48 possession, to drive a motor vehicle upon the highways for a period of [8
4-49 months]1 year when accompanied by a licensed driver who is at least 21
5-1 years of age, who has had at least 1 year of licensed driving experience in
5-2 the type of vehicle for which the permit was issued and who is actually
5-3 occupying a seat beside the driver, except when the permittee is occupying
5-4 a motorcycle. The term “licensed driving experience” as used in this
5-5 subsection does not include driving experience gained under an instruction
5-6 permit issued pursuant to the provisions of this section.
5-7 2. The department may, in its discretion, issue a temporary driver’s
5-8 permit to an applicant for a driver’s license permitting him to drive a motor
5-9 vehicle while the department is completing its investigation and
5-10 determination of all facts relative to the applicant’s right to receive a
5-11 driver’s license. The permit must be in his immediate possession while
5-12 driving a motor vehicle, and is invalid when the applicant’s license has
5-13 been issued or for good cause has been refused.
5-14 3. The department, upon receiving proper application, may, in its
5-15 discretion, issue a restricted instruction permit effective for a school year,
5-16 or for a more restricted period, to an applicant who is enrolled in a driver
5-17 education program which includes practice driving and which is approved
5-18 by the department even though the applicant has not reached the legal age
5-19 to be eligible for a driver’s license. The instruction permit entitles the
5-20 permittee, when he has the permit in his immediate possession, to drive a
5-21 motor vehicle only on a designated highway or within a designated area,
5-22 but only when an approved instructor is occupying a seat beside the
5-23 permittee.
5-24 Sec. 5. NRS 483.725 is hereby amended to read as follows:
5-25 483.725 1. Each course of training provided by a school for training
5-26 drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, must
5-27 include, without limitation, instruction in:
5-28 [1.] (a) Motor vehicle insurance.
5-29 [2.] (b) The effect of drugs and alcohol on an operator of a motor
5-30 vehicle.
5-31 2. If a course of training provided by a school for training drivers
5-32 licensed pursuant to NRS 483.700 to 483.780, inclusive, consists in whole
5-33 or in part of classroom instruction, that part of the course which consists
5-34 of classroom instruction may be taught interactively through the use of
5-35 communications technology so that persons taking the course need not
5-36 be physically present in a classroom.
5-37 3. The department shall adopt regulations to carry out the provisions
5-38 of subsection 2. The regulations must include, without limitation:
5-39 (a) Provisions for the licensing and operation of interactive courses
5-40 that use communications technology;
5-41 (b) Provisions to ensure that interactive courses which use
5-42 communications technology are secure, reliable and include measures
5-43 for testing and security that are at least as secure as the measures for
5-44 testing and security which would be available in an ordinary classroom;
5-45 and
5-46 (c) Standards to ensure that interactive courses which use
5-47 communications technology offer a curriculum that is at least as
5-48 stringent as the curriculum which would be available in an ordinary
5-49 classroom.
6-1 4. As used in this section, “communications technology” means any
6-2 method or component, or both, that is used by a school for training
6-3 drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, to carry
6-4 out or facilitate the transmission of information, including, without
6-5 limitation, the transmission and reception of information by:
6-6 (a) Systems based on the following technologies:
6-7 (1) Video;
6-8 (2) Wire;
6-9 (3) Cable;
6-10 (4) Radio;
6-11 (5) Microwave;
6-12 (6) Light; or
6-13 (7) Optics; and
6-14 (b) Computer data networks, including, without limitation, the
6-15 Internet or its successor, if any, and intranet services.
6-16 Sec. 6. NRS 483.730 is hereby amended to read as follows:
6-17 483.730 1. The department shall issue a license to operate a school
6-18 for training drivers or to act as an instructor for such a school, if [it] the
6-19 department is satisfied that the applicant has met the qualifications
6-20 required by NRS 483.700 to 483.780, inclusive.
6-21 2. The license is valid for 5 years after the date of issuance, unless
6-22 canceled, suspended or revoked by the department and, except as otherwise
6-23 provided in subsection 3, may be renewed subject to the same conditions as
6-24 the original license.
6-25 3. The department may renew the license of an instructor of a school
6-26 for training drivers if, when he submits his application for the renewal of
6-27 his license, he provides evidence satisfactory to the department that, during
6-28 the period of the license, he completed [at least six credits of continuing
6-29 education by attending:
6-30 (a) A course of instruction relating to the training of drivers approved
6-31 by the department; or
6-32 (b) A state or national conference approved by the department of
6-33 education for credit for continuing education.
6-34 4. In determining whether an instructor has complied with the
6-35 provisions of subsection 3, the department shall award one credit of
6-36 continuing education for the completion of each 15 hours of:
6-37 (a) Classroom instruction in a course specified in paragraph (a) of
6-38 subsection 3; or
6-39 (b) Attendance at a conference specified in paragraph (b) of subsection
6-40 3.] training of a type and in an amount prescribed by the department by
6-41 regulation.
6-42 Sec. 7. Section 5 of chapter 407, Statutes of Nevada 1999, at page
6-43 1926, is hereby repealed.
6-44 Sec. 8. 1. This section and sections 1 to 4, inclusive, of this act
6-45 become effective on July 1, 2001.
6-46 2. Sections 5, 6 and 7 of this act become effective on October 1, 2001.
7-1 TEXT OF REPEALED SECTION
7-2 Section 5 of chapter 407, Statutes of Nevada 1999:
7-3 Sec. 5. The requirements for continuing education set forth in
7-4 NRS 483.730 do not apply to the renewal of a license of an
7-5 instructor for a school for training drivers before October 1, 2001.
7-6 H