Changes to Existing Law

Any person who is at least fourteen years of age but less than eighteen years of5 age applying for a South Dakota operator's license, restricted minor's permit, or instruction6 permit who does not currently hold an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle8 instruction permit shall apply to the Department of Public Safety for an instruction permit. If an applicant holds an instruction permit that has been valid continuously for one hundred eighty days, and is still currently valid or that has been expired for thirty days or less, the department shall waive the knowledge test to upgrade to an operator's license, motorcycle operator's license, restricted minor's permit, or motorcycle restricted minor's permit. If the licensee applies and makes payment of the required fee thirty-one or more days after the expiration date of the permit, the licensee shall take the knowledge test as required by § 32-12-4 and may take the skill 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -SB test for an operator's license. The department may, after the applicant has successfully passed1 all parts of the examination other than the driving test and paid a fee which is equal in amount2 to the fee prescribed for a license in § 32-12-16, issue to the applicant an instruction permit. The instruction permit shall be held for at least one hundred eighty continuous days if issued before July 1, 2019, or at least three hundred sixty-five days if issued on or after July 1, 2019. The instruction permit entitles the applicant, while having the permit in the applicant's6 immediate possession, to drive a motor vehicle upon the public highways for a period of five7 years during the hours of 6 a.m. to 10 p.m. if accompanied by a person holding a valid operator's8 license who is at least eighteen years of age, has had at least one year of driving experience, and9 who is occupying a seat beside the applicant. The applicant is entitled to drive a motor vehicle10 upon the public highways during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being11 operated under the direction of the applicant's parent or guardian who is occupying a seat beside12 the applicant. No holder of an instruction permit may use any type of wireless communication13 device while operating a motor vehicle upon the public highways. The holder of an instruction permit who is at least fourteen years of age but less than eighteen years of age may apply for a restricted minor's permit or operator's license after holding16 a valid instruction permit for one hundred eighty continuous days for the time required by this section. If the holder of an instruction permit that has been valid continuously as required by this section and is still currently valid or that has been expired for thirty days or less applies to upgrade to an operator's license, motorcycle operator's license, restricted minor's permit, or motorcycle restricted minor's permit, the department shall waive the knowledge test. If the holder applies and makes payment of the required fee thirty-one or more days after the expiration date of the permit, the holder shall take the knowledge test as required by § 32-12-424 - 3 -SB and may take the skill test for an operator's license.

Any person who is at least fourteen years of age but less than eighteen years of3 age applying for a South Dakota motorcycle operator's license, motorcycle restricted minor's4 permit, or motorcycle instruction permit who does not currently hold an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit that has been valid continuously for at least one hundred eighty days if issued before July 1, 2019, or at least three hundred sixty-five days if issued on or after July 1, 2019, shall apply to the Department of Public Safety for an9 instruction permit which shall be held for a minimum of one hundred eighty continuous days. The department may, after the applicant has successfully passed all parts of the examination11 other than the driving test and paid a fee which is equal in amount to the fee prescribed for a12 license in § 32-12-16, issue to the applicant a motorcycle instruction permit. The instruction permit shall be held for at least one hundred eighty continuous days if issued before July 1, 2019, or at least three hundred sixty-five days if issued on or after July 1, 2019. A motorcycle instruction permit is not required to obtain a motorcycle operator's license or16 a motorcycle restricted minor's permit if the applicant currently holds an instruction permit, restricted minor's permit, or operator's license that has been valid continuously for one hundred18 eighty days. A motorcycle instruction permit entitles the holder, while having the permit in the permit20 holder's immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to21 8 p.m. if the permit holder is accompanied by a licensed motorcycle operator who is at least22 eighteen years of age, who has at least one year of driving experience, and who is driving23 another motorcycle along with the permit holder. No motorcycle instruction permit holder may24 - 4 -SB carry another person on the motorcycle. The permit is valid for one year. The holder of an1 instruction permit or motorcycle instruction permit who is at least fourteen years of age but less than eighteen years of age may apply for a motorcycle restricted minor's permit or motorcycle operator's license after holding a valid instruction permit for one hundred eighty continuous days as required by this section.

A restricted minor's permit may be issued, upon application and payment of the7 proper fees as provided in § 32-12-16, to a minor at least fourteen years of age but less than8 eighteen years of age who has successfully passed all applicable tests and completed the9 requirements of an instruction permit as provided in § 32-12-11 or 32-12-11.1 and has not been10 convicted of a traffic violation during the past six twelve months. For any such minor who has11 successfully completed a driver education course that has been approved by the Department of12 Education or a driver education course that the secretary of the department of public safety has13 determined has been approved by a state government agency in another state, the required14 minimum time period for holding the instruction permit in order to qualify for the restricted15 minor's permit is ninety continuous days if issued before July 1, 2019, or two hundred seventy- five continuous days if issued on or after July 1, 2019. A restricted minor's permit entitles the holder, while having the permit in immediate18 physical possession, to operate a motor vehicle during the hours of 6 a.m. to 10 p.m. standard19 time if the motor vehicle is being operated with the permission of the holder's parent or guardian20 and during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the21 direction of the holder's parent or guardian who is occupying a seat beside the holder. The22 restrictions as to time of operation and operation under the direction of a parent or guardian do23 not apply to the holder of a valid restricted minor's permit operating a self-propelled agricultural24 - 5 -SB machine which is not subject to registration under chapter 32-5. No holder of a restricted minor's1 permit may use any type of wireless communication device while operating a motor vehicle2 upon the public highways. 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 held a restricted minor's permit for at least six months and has not been convicted of any traffic violations during the past six months.

A motorcycle restricted minor's permit may be issued, upon application and8 payment of the proper fee as provided for in § 32-12-16, to a minor at least fourteen years of age9 but less than eighteen years of age who has successfully passed all applicable tests and10 completed the requirements of an instruction permit as outlined in § 32-12-11 or 32-12-11.1 and11 has not been convicted of a traffic violation during the past six months. For any minor who has12 successfully completed the motorcycle safety education courses provided by § 32-20-14 and a13 driver education class that has been approved by the Department of Education or a driver14 education course that the secretary of the department of public safety has determined has been15 approved by a state government agency in another state, the required minimum time period for16 holding the motorcycle instruction permit to qualify for the motorcycle restricted minor's permit17 is thirty continuous days if issued before July 1, 2019, or two hundred seventy-five continuous days if issued on or after July 1, 2019. A motorcycle restricted minor's permit entitles the holder, while having the permit in20 immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to 8 p.m. standard time if the motorcycle is being operated with the permission of the holder's parents or22 guardian. A South Dakota motorcycle operator's license may be issued to a minor at least sixteen years24 - 6 -SB of age but less than eighteen years of age who has held a restricted minor's permit for at least six months and has not been convicted of any traffic violations during the past twelve months.

The issuance of an instruction permit, motorcycle instruction permit, restricted12 minor's permit, or motorcycle restricted minor's permit is on a probationary basis. The13 Department of Public Safety upon the receipt of a record of conviction for a traffic violation or14 for a violation of the restrictions in §§ 32-12-11, 32-12-11.1, 32-12-12, 32-12-12.1, 32-12-13, or 32-12-14, or section 5 of this Act, committed prior to the minor's sixteenth eighteenth birthday shall suspend the minor's driving privileges according to the following schedule: (1)A felony or Class 1 misdemeanor traffic conviction--suspension until the minor's18 sixteenth birthday or as otherwise required by law; (2)A first Class 2 misdemeanor traffic conviction or a comparable conviction of any20 moving traffic violation of a county or municipal ordinance--suspension for thirty21 days or as otherwise required by law; (3)A first conviction of a violation of the conditions of an instruction permit, a23 motorcycle instruction permit, a restricted minor's permit, or a motorcycle restricted24 - 7 -SB minor's permit--suspension for thirty days or as otherwise required by law; (4)A second Class 2 misdemeanor traffic conviction or a comparable conviction of any2 moving traffic violation of a county or municipal ordinance--suspension until the3 minor's sixteenth birthday or for ninety days, whichever period is longer, or as4 otherwise required by law; and5 (5)A second conviction of a violation of the conditions of an instruction permit, a6 motorcycle instruction permit, a restricted minor's permit, or a motorcycle restricted7 minor's permit--suspension until the minor's sixteenth birthday or for ninety days, whichever period is longer, or as otherwise required by law. No permit may be suspended for a first violation of §§ 32-14-9.1, 32-21-27, 32-25-5, 32-26- 20, or 34A-7-7. If a minor has no instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit and is convicted of any traffic violation prior to the13 minor's sixteenth birthday, the department shall suspend or revoke the minor's driving privilege14 or privilege to apply for a driver license as provided in this section. A conviction for any traffic15 violation that occurs prior to the issuance of an instruction permit, motorcycle instruction16 permit, restricted minor's permit, motorcycle restricted minor's permit, motorcycle operator's17 license or an operator's license shall be placed on the driving record and given the same18 consideration as any violation that occurs following the issuance of an instruction permit, motorcycle instruction permit, restricted minor's permit, motorcycle restricted minor's permit, motorcycle operator's license, or an operator's license.21