HB65 Alabama 2010 Session

Sponsors

Session

Regular Session 2010

Title

Motor vehicles, three-stage graduated licensing, age requirements for licensed driver accompanying driver with learner's permit, restrictions on persons 16 or 17 years of age with Stage II driver's license further provided for, operation of hand held communication devices prohibited, Secs. 32-5-64, 32-6-7.2, 32-6-8 am'd.

Description

Existing law provides for graduated driver's licenses but does not identify the three stages of graduated licenses by name.

This bill would name the stages as Stage I-Learning Permit, Stage II-Restricted Licensing, and Stage III-Unrestricted or Regular License.

Under existing law, no student in a driver training program who is under 16 years of age is allowed to drive or operate any motor vehicle unless accompanied by a licensed driver.

This bill would require the licensed driver to be over 21 years of age.

Under existing law, a person who is issued a regular driver's license and who is age 16 or who is age 17 and has been licensed for less than six months may not operate a vehicle after 12 midnight or if there are more than four occupants in the vehicle not including the parents or legal guardians and family members of the licensee.

This bill would prohibit the licensee from operating a vehicle after certain specified hours, subject to certain exceptions, or if there is more than one occupant in the vehicle not including the licensed driver and parents or legal guardian and family members of the licensee.

Under existing law, any person 16 years of age or older who has a learner's permit may drive or operate a motor vehicle if accompanied by a licensed driver who is occupying a seat beside the driver.

Under existing law, the operation of a vehicle by a Stage II restricted driver while using a cell phone or similar communication device is not specifically prohibited.

This bill would prohibit a person with a Stage II restricted driver's license from operating a motor vehicle while operating a handheld communication device including a cell phone or any other device that sends or receives text messages or emails.

This bill would require the licensed driver who is occupying a seat beside the driver who has a Stage I learner's permit to be 21 years of age or older.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

To amend Sections 32-5-64, 32-6-7.2, and 32-6-8 of the Code of Alabama 1975, relating to 3-stage graduated driver's licenses or licensing criteria; to allow the licensed driver accompanying a student in any driver training program to be 21 years of age or older; to further provide for restrictions on driver's licenses for persons 16 or 17 years of age including restrictions on the use of certain communication devices; to provide for the age of the licensed driver occupying the seat next to a driver 16 years of age or older who has a State I learner's permit; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Subjects

Motor Vehicles