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Rs 32:402.1 Driver Education; Required

§402.1. Driver education; required

A. No application for a license for the operation of a motor vehicle shall be received

from any person making application for the first time unless there is also submitted with the

application, on a form approved by the secretary of the Department of Public Safety and

Corrections, public safety services, written evidence of the successful completion by the

applicant of one of the following:

NOTE: Subparagraph (A)(1)(a) eff. until Jan. 1, 2018. See Acts 2017, No.

286, §1.

(1)(a) A "driver education course" for any person under the age of eighteen, which

shall consist of not less than eight hours of actual driving instruction and thirty hours of

classroom instruction. A person shall not be allowed to receive more than four hours of

actual driving instruction on any single calendar day. The Department of Public Safety and

Corrections, public safety services, shall establish rules and regulations to administer and

define the requirements of the course. The rules and regulations established by the

Department of Public Safety and Corrections, public safety services, shall provide for

instruction relative to trailer safety and to the economic effects of littering. Oversight review

of these rules shall be conducted by the House and Senate committees on transportation,

highways and public works in accordance with the Administrative Procedure Act.

NOTE: Subparagraph (A)(1)(a) as amended by Acts 2017, No. 286, §1, eff.

Jan. 1, 2018.

(1)(a) A "driver education course" for any person under the age of eighteen, which

shall consist of not less than eight hours of actual driving instruction and thirty hours of

classroom instruction. A person shall not be allowed to receive more than four hours of

actual driving instruction on any single calendar day. The Department of Public Safety and

Corrections, public safety services, shall establish rules and regulations to administer and

define the requirements of the course. The rules and regulations established by the

Department of Public Safety and Corrections, public safety services, shall provide for

instruction relative to trailer safety, to the economic effects of littering, and to appropriate

driver conduct when stopped by a law enforcement officer. Oversight review of these rules

shall be conducted by the House and Senate committees on transportation, highways and

public works in accordance with the Administrative Procedure Act.

(b) Upon completion of the required supervised driving practice pursuant to R.S.

32:405.1 and 407, a properly licensed and contracted third-party tester may administer the

on-road driving skills test to the student. Upon successful completion, such third-party tester

shall provide the student with a department approved certificate of successful completion in

a sealed envelope to be delivered to the department.

(2) A "prelicensing training course" from any person eighteen years or older if a

driver education course is not completed. The prelicensing training course shall consist of

a minimum of six hours of classroom instruction and a minimum of eight hours of actual

driving instruction. A person shall not be allowed to receive more than four hours of actual

driving instruction on any single calendar day. The Department of Public Safety and

Corrections, public safety services, shall establish rules and regulations to administer and

define the requirements of the course. Oversight review of these rules shall be conducted by

the House and Senate committees on transportation, highways and public works in

accordance with the Administrative Procedure Act. The rules shall provide for:

(a) Licensing or contractual requirements for third-party training schools and high

school instructors.

NOTE: Subparagraph (A)(2)(b) eff. until Jan. 1, 2018. See Acts 2017, No.

286, §1.

(b) Course content and presentation, including content relative to trailer safety and

to the economic effects of littering.

NOTE: Subparagraph (A)(2)(b) as amended by Acts 2017, No. 286, §1, eff.

Jan. 1, 2018.

(b) Course content and presentation, including content relative to trailer safety, to

the economic effects of littering, and to appropriate driver conduct when stopped by a law

enforcement officer.

(c) Instructor qualifications and certification.

(d) Classroom size and facilities.

(e) Certificates of completion.

(f) Required records and reporting.

(g) Penalties for noncompliance of the mandatory instructional and driving

requirements and penalties for the falsification of documents and certificates.

(h) Repealed by Acts 2011, No. 294, §6.

(3)(a), (b) Repealed by Acts 2011, No. 294, §6.

(c) Repealed by Acts 2017, No. 334, §2.

B. The Department of Public Safety and Corrections, public safety services, shall

establish a portion of the "driver education course" and "prelicensing training course" relative

to the economic and adverse effects of littering in conjunction with Keep Louisiana

Beautiful, Inc.

C. The Department of Public Safety and Corrections, public safety services, shall

establish and implement a portion of the "driver education course" and "prelicensing training

course" relative to managing a routine traffic stop. The department shall establish rules and

regulations to administer and define the requirements within the course. The curriculum

shall be developed considering the actions of officers, the drivers and occupants, the number

of occupants, the time and reason for the stop, the location of the stop, and any other

circumstance surrounding the stop. At a minimum, the course shall include the following:

(1) Instruction concerning law enforcement procedures for traffic stops.

(2) Instruction on the importance of officers, drivers, and passengers maintaining

integrity and respect during traffic stops.

(3) Demonstrations of appropriate interactions with law enforcement.

(4) Demonstrations of the proper actions to be taken during traffic stops.

D. No person under the age of fifteen shall be allowed to enroll or participate in the

driving experience portion of any driver education course or driver training program. A

person, no sooner than ninety days prior to his fifteenth birthday and who is in, at a

minimum, grade eight, shall be permitted to participate in the classroom instruction

component of a driver education course or driving program.

E.(1) Any person who is at least of age to participate in the classroom instruction

portion of a driver education course, driver training program, or a prelicensing training

course shall apply to the department for a Class "E" temporary instructional permit prior to

enrolling in any driver education course, driver training program, or prelicensing training

course. The application for a Class "E" temporary instructional permit shall be in accordance

with R.S. 32:409.1 and 410. The fee for a Class "E" temporary instructional permit shall be

the same as the fee for a Class "E" driver's license.

(2) A person shall be required to possess a Class "E" temporary instructional permit

in order to enroll in any driver education course, driver training program, or prelicensing

training course.

(3) A person with a Class "E" temporary instructional permit required by this

Subsection is permitted to operate a motor vehicle on the public highways and streets of this

state only when the permit holder is accompanied by an instructor of driver education and

traffic safety, and while actually operating a motor vehicle during the behind-the-wheel

instruction or during the administration of the skills test.

(4) The holder of a Class "E" temporary instructional permit required by this

Subsection shall be in possession of the permit during the period of its validity and such

permit shall be presented for examination when so requested by any law enforcement officer

or representative of the department.

(5) Upon successful completion of a driver education course, driver training

program, or prelicensing training course and the knowledge test, a person shall surrender a

Class "E" temporary instructional permit issued pursuant to this Subsection to the department

and apply for the issuance of an age-appropriate learner's license. The department shall not

charge a fee for a learner's license issued in connection with the surrender of a Class "E"

temporary instructional permit.

(6) The Class "E" temporary instructional permit issued pursuant to this Subsection

shall not be required for any person to enroll in a driver education course, driver training

program, or prelicensing course administered in conjunction with a National Guard Youth

Challenge Program. A person enrolled in a driver education course, driver training program,

or prelicensing course administered in conjunction with a National Guard Youth Challenge

Program may operate a motor vehicle on the public highways of this state without a Class

"E" temporary instructional permit provided that such person is accompanied by an instructor

of driver education and safety.

F.(1) A driver education provider licensed pursuant to R.S. 40:1461 may provide all

or part of the six-hour classroom instruction portion of an approved prelicensing training

course required by Paragraph (A)(2) of this Section for persons eighteen or older by an

alternative method of instruction that does not require students to be present in a traditional

classroom if the Department of Public Safety and Corrections, public safety services,

approves the alternative method. The Department of Public Safety and Corrections, public

safety services, may approve the alternative method only if both of the following conditions

are met:

(a) The alternative method includes testing and security measures that the department

determines are at least as secure as the measures available in the traditional classroom

setting.

(b) The six-hour classroom instruction portion of the prelicensing training course for

persons eighteen years of age or older that is required by Paragraph (A)(2) of this Section

with the use of the alternative method satisfies any other requirement applicable to a

prelicensing training course in which the classroom instruction is taught to students in the

traditional classroom setting.

(2) No portion of the thirty-hour classroom instruction of the driver education course,

required by Paragraph (A)(1) of this Section for persons under the age of eighteen shall be

provided by an alternative method of instruction that does not require students to be present

in a traditional classroom.

(3) The Department of Public Safety and Corrections, public safety services, may

establish rules and regulations as determined necessary to define the requirements for

alternative methods of instruction for the prelicensing training course, which rules shall be

subject to oversight review by the House and Senate committees on transportation,

highways, and public works.

Added by Acts 1968, No. 273, §7. Acts 1992, No. 246, §1, eff. July 1, 1993; Acts

1992, No. 382, §1, eff. July 1, 1993; Acts 1992, No. 1009, §1, eff. July 1, 1993; Acts 1993,

No. 225, §1, eff. July 1, 1993; Acts 1997, No. 725, §1, eff. Jan. 1, 1998; Acts 1998, 1st Ex.

Sess., No. 80, §2; Acts 2003, No. 312, §2; Acts 2004, No. 216, §2; Acts 2004, No. 439, §1;

Acts 2008, No. 768, §2, eff. Jan. 1, 2009; Acts 2009, No. 275, §2, eff. Jan. 1, 2010; Acts

2010, No. 227, §1; Acts 2011, No. 294, §§2, 6; Acts 2011, No. 307, §1; Acts 2011, No. 317,

§3, eff. Jan. 1, 2012; Acts 2012, No. 475, §1; Acts 2015, No. 369, §1; Acts 2016, No. 317,

§1; Acts 2016, No. 336, §1; Acts 2017, No. 286, §1, eff. Jan. 1, 2018; Acts 2017, No. 334,

§§1, 2; Acts 2017, No. 343, §1.

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Local Government
Louisiana
3
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
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course
classroom
driver
education
permit
require
prelicensing
training
instructional