State of South Dakota
|
SEVENTY-THIRD
SESSION
LEGISLATIVE ASSEMBLY, 1998 |
780B0499 |
HOUSE BILL
NO.
1120
|
Introduced by: Representatives Brown (Richard), Apa, Broderick, Brooks, Chicoine, Cutler, Fiegen, Fischer-Clemens, Fitzgerald, Jorgensen, Matthews, Moore, Peterson (Bill), Richter, and Roe and Senators Aker, Albers, Brosz, Dunn (Rebecca), Everist, Flowers, Halverson, Hunhoff, Hutmacher, Munson (David), Shoener, and Whiting |
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-11 be amended to read as follows:
32-12-11. Any person who is at least fourteen years of age
occupying a seat beside the driver
unless the permittee is operating a motorcycle or a moped
.
The holder of an instruction permit may apply for a restricted permit or operator's license after
holding a valid instruction permit for one hundred eighty continuous days.
A motorcycle
instruction permit entitles the holder, while having the permit in
his
the permit holder's
immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to 8 p.m. if
he
the permit holder
is accompanied by a licensed motorcycle operator who is at least eighteen
years of age, who has at least one year of driving experience and who is driving another
motorcycle along with the permit holder. No motorcycle instruction permit holder may carry
another person on the motorcycle. The permit is valid for thirty days. The permit may be issued
only once in a one-year period.
Section
2.
That
§
32-12-12
be amended to read as follows:
32-12-12.
A restricted minor's permit may be issued, upon application and payment of the
proper fee as provided for in
§
32-12-16,
and passage of all driver's license examination tests,
to
any
a
minor
between the ages of
at least
fourteen
and
years of age but less than
sixteen years
of age who has successfully passed all driver's license examination tests and completed the
requirements of an instruction permit as outlined in section 1 of this Act, and has not been
convicted of a traffic violation during the past six months
. A restricted minor's permit entitles
the holder, while having the permit in
his
immediate physical possession, to operate a motor
vehicle during the hours of 6 a.m. to 8 p.m. standard time if the motor vehicle is being operated
with the permission of the minor's parents or guardian and during the hours of 8 p.m. to 6 a.m.
if the motor vehicle is being operated under the direction of the minor's parent or guardian who
is occupying a seat beside the driver. The restrictions as to time of operation and operation
under the direction of a parent or guardian do not apply to the holder of a valid restricted minor's
permit operating a self-propelled agricultural machine which is not subject to registration under
chapter 32-5.
Section
3.
That
§
32-12-14.1
be amended to read as follows:
32-12-14.1.
The restrictions in
§
§
32-12-12, 32-12-13
,
and 32-12-14 do not apply if the
minor has obtained the age of sixteen years
, unless the minor has not completed the
requirements of an instruction permit as outlined in section 1 of this Act, and has not been
convicted of a traffic violation during the six months prior to the minor's sixteenth birthday
.
Nothing in this section precludes the suspension or revocation of the minor's driving privileges
upon the receipt of a record of conviction for a violation of the restrictions committed prior to
the minor's sixteenth birthday.
Section
4.
That
§
32-12-15
be amended to read as follows:
32-12-15.
The issuance of
a
an instruction permit or
restricted minor's permit
under
§
32-12-12
is on a probationary basis
and the
. The
Department of Commerce and Regulation
on the receipt of a record of conviction for a traffic violation
committed
classified as a felony
or Class 1 misdemeanor,
prior to the minor's sixteenth birthday
or a conviction for a violation
of this restricted minor's permit committed prior to the minor's sixteenth birthday
, shall suspend
the minor's driving privileges
for a period of thirty days or as otherwise required by law. A
second conviction for a traffic violation committed prior to the minor's sixteenth birthday or a
conviction for a violation of this restricted minor's permit committed prior to the minor's
sixteenth birthday shall result in revocation of the minor's driving privileges until the minor's
sixteenth birthday or for a period of ninety days, whichever period is longer
until the minor's
sixteenth birthday or as otherwise required by law. Upon the receipt of a record of conviction
prior to the minor's sixteenth birthday of any other traffic violation, the department shall
suspend an instruction permit or restricted minor's permit for a period of thirty days for a first
violation. A second conviction for a traffic violation committed prior to the minor's sixteenth
birthday or a conviction for a violation of an instruction permit or restricted minor's permit committed prior to the minor's sixteenth birthday shall result in revocation of the minor's driving privileges until the minor's sixteenth birthday or for a period of ninety days, whichever period is longer, or as otherwise required by law
. If a minor has no instruction permit or restricted minor's permit andSection 5. That § 32-12-36 be amended to read as follows:
32-12-36. The Department of Commerce and Regulation upon issuing an operator's license
Section 6. That § 32-12-17 be amended to read as follows:
32-12-17. The Department of Commerce and Regulation shall, upon payment of the fee established by § 32-12-16, issue to every applicant qualifying therefor an operator's license. An operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully passed all driver's license examination tests and completed the requirements of an instruction permit as provided in section 1 of this Act, if the applicant
has not been convicted of a traffic violation in the past six months, and if the applicant is not currently under suspension, revocation, or disqualification.
The license shall bear thereon a distinguishing number assigned to the licensee, the full legal name or any name lawfully taken, date of birth, residence address, an indication if the licensee is a donor pursuant to chapter 34-26, an indication if the licensee has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7, a color photo and a brief description of the licensee, and the licensee's signature. The department shall indicate upon each driver's license the general class of vehicles which the licensee may drive.Section 7. That § 32-12-28 be amended to read as follows:
32-12-28.
Section 8. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 9. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 10. The effective date of this Act is January 1, 1999.