§ 27-16-804 — Restricted licenses, learner's licenses, and intermediate licenses - Definitions

(a) The Office of Driver Services, upon issuing any driver's license, shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or other restrictions applicable to the licensee as the Office of Driver Services may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. (b) (1) The Office of Driver Services may either issue a special restricted license or may set forth restrictions upon the usual license form. (2) (A) (i) Upon the showing of need, the Office of Driver Services may waive any age restriction set forth in this chapter. (ii) However, every driver under eighteen (18) years of age is at a minimum subject to the restrictions set out in subdivision (b)(2)(B) of this section. (B) (i) A license shall be issued only to an applicant with a valid instruction permit or learner's license who: (a) Is at least fourteen (14) years of age; and (b) Has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months. (ii) A driver shall operate the motor vehicle on the public streets and highways only when each passenger in the motor vehicle wears his or her seat belts. (iii) The driver shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. As used in this subdivision (b)(2)(B)(iii), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol. (iv) A driver shall not operate a motor vehicle on public streets or highways with any unrelated minor passengers in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. As used in this subsection, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver. (v) The driver shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is: (a) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (b) Driving to or from a school activity, church-related activity, or job; or (c) Driving due to an emergency. (C) The waiver of the age restrictions for need is subject to review upon a complaint from certain officials under subsection (d) of this section. (c) All licensees who have a tested uncorrected visual acuity of less than 20/40 shall be restricted to the operation of a motor vehicle, motorcycle, or motor-driven cycle only while they are wearing corrective lenses. No person shall be allowed to operate a motor vehicle, motorcycle, or a motor-driven cycle if he or she has a tested corrected visual acuity of less than 20/70 or if he or she has a field of vision less than one hundred forty degrees (140°) with two (2) functioning eyes or less than one hundred five degrees (105°) with one (1) functioning eye. (d) (1) The Office of Driver Services may, upon receiving satisfactory evidence of any violation of the restrictions of a license, suspend or revoke the license, but the licensees shall be entitled to a hearing as upon a suspension or revocation under this chapter. (2) (A) Upon receiving a complaint from a prosecuting attorney, a city attorney, or a certified law enforcement officer, the Office of Driver Services shall review the validity of any waiver of age restrictions based on need and any violations of restrictions placed on a license. (B) The licensee is entitled to a hearing, which the complaining official may attend, to review the need of the waiver or any violations of the restrictions of the license. (C) The Office of Driver Services shall suspend or revoke the waiver if there is evidence that the need for the waiver has changed or is no longer valid or that the licensee violated any of the restrictions of the license. (e) It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her. (f) (1) The Office of Driver Services shall have authority to issue a restricted driver's license, to be known as a "learner's license", to those persons under sixteen (16) years of age. (2) The learner's license shall be issued only to an applicant with a valid instruction permit who is at least fourteen (14) years of age, who has remained free of a serious accident and conviction of a serious traffic violation in the previous six (6) months, and who meets all other licensing examinations requirements of this chapter. (3) The driver with a learner's license shall operate the motor vehicle on the public streets and highways only when: (A) All passengers in the vehicle are wearing their seat belts at all times; and (B) The driver with a learner's license is being accompanied by a driver over twenty-one (21) years of age. (4) (A) A driver with a learner's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. (B) As used in this subdivision (f)(4), "emergency purpose" means the driver: (i) Has reason to fear for his or her life, safety, or property; (ii) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (iii) Is reporting: (a) A fire; (b) A traffic accident; (c) A serious road hazard; (d) A medical emergency; (e) A hazardous materials emergency; (f) Another driver who is recklessly, carelessly, or unsafely driving; or (g) Another driver who appears to be driving under the influence of drugs or alcohol. (C) This subdivision (f)(4) is not retroactive and applies only to a person who: (i) Applies for a learner's license after July 1, 2002; and (ii) Is issued a learner's license after July 1, 2002. (g) (1) (A) The Office of Driver Services shall have authority to issue to those persons under eighteen (18) years of age a restricted driver's license to be known as an "intermediate driver's license". (B) The intermediate driver's license shall be issued only to an applicant with a valid instruction permit or a learner's license who is at least sixteen (16) years of age, who has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months, and who meets all other licensing examination requirements of this chapter. (C) The driver with an intermediate driver's license shall operate the motor vehicle on the public streets and highways only when all passengers in the vehicle are wearing their seat belts. (D) (i) A driver with an intermediate driver's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. (ii) As used in this subdivision (g)(1)(D), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol. (E) (i) A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. (ii) As used in this section, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver. (F) A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is: (i) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (ii) Driving to or from a school activity, church-related activity, or job; or (iii) Driving because of an emergency. (2) Subdivisions (g)(1)(D)-(F) of this section are not retroactive and apply only to a person who: (A) Applies for an intermediate license after July 1, 2002; and (B) Is issued an intermediate license after July 1, 2002.

Legislative History

Amended by Act 2015, No. 696,§ 3, eff. 7/22/2015. Acts 1937, No. 280, § 20; Pope's Dig., § 6844; Acts 1969, No. 350, § 1; 1977, No. 863, § 2; A.S.A. 1947, § 75-324; Acts 1989, No. 193, § 4; 1993, No. 445, § 22; 1997, No. 478, § 2; 2001, No. 1694, § 7; 2003, No. 268, §§ 1, 2; 2009, No. 308, §§ 1, 4; 2009, No. 394, §§ 1, 2, 3; 2009, No. 807, § 1.