§286-102.6  Provisional license forpersons under the age of eighteen.  [Section repealed on January 9,2011.  L 2005, c 72, §15]  (a)  A person may be granted a provisionallicense to drive passenger cars of any gross vehicle weight rating, busesdesigned to transport fifteen or fewer occupants, and trucks and vans having agross vehicle weight rating of fifteen thousand pounds or less if the person:

(1)  Is at least sixteen years of age but under theage of eighteen;

(2)  Holds an instruction permit and has held thepermit for a period of at least one hundred eighty days and there is no pendingproceeding that might result in the suspension or revocation of the instructionpermit; and

(3)  Satisfactorily completes all requirements ofsections 286-108 and 286-109.

(b)  The provisional license shall entitle theprovisional licensee to drive the class of motor vehicles specified insubsection (a) upon the roadways of the State; provided that:

(1)  The provisional licensee shall have theprovisional license in the provisional licensee's immediate possession whiledriving;

(2)  All occupants of the motor vehicle shall berestrained by safety belts or a child passenger restraint system as requiredunder sections 291-11.5 and 291-11.6;

(3)  The provisional licensee shall not transport morethan one person under the age of eighteen, unless the person is, with respectto the provisional licensee:

(A)  A household member; or

(B)  A household member's foster or hanaichild,

without being accompanied and supervisedby a licensed driver who is the provisional licensee's parent or guardian; and

(4)  Except as provided in subsection (c),whenever the provisional licensee is driving between the hours of 11:00 p.m.and 5:00 a.m., a licensed driver who is the provisional licensee's parent orguardian and is licensed to operate the same category of motor vehicle as thelicensee, shall be in the motor vehicle and shall occupy the passenger seatbeside the licensee.

(c)  A provisional licensee may drive betweenthe hours of 11:00 p.m. and 5:00 a.m. without a licensed parent or guardian inthe motor vehicle under the following conditions: 

(1)  The provisional licensee is traveling to or fromthe provisional licensee's place of employment, operation of the motor vehicleis necessary for this purpose, and the provisional licensee keeps in theprovisional licensee's possession a signed statement from the employercontaining the employer's name, address, telephone number, and verification ofemployment and work hours; or

(2)  The provisional licensee is traveling to or froma school-authorized activity of the provisional licensee, operation of a motorvehicle is necessary for this purpose, and the provisional licensee keeps inthe provisional licensee's possession a signed statement from a parent orguardian containing the parent's or guardian's name, address, and telephonenumber, and verification that operation of the motor vehicle by the provisionallicensee is necessary to travel to or from the school-authorized activity;

provided that the provisional licensee shall nottransport more than one person under the age of eighteen between the hours of11:00 p.m. and 5:00 a.m. without being accompanied and supervised by a licenseddriver who is the provisional licensee's parent or guardian.

(d)  If the provisional licensee violates anyof the requirements of subsection (b) or (c):

(1)  For a first violation of any requirement, theprovisional license shall be suspended for a period of three months by adistrict court or family court judge.  If the person's provisional license issuspended, the person shall not be eligible for reissuance of the provisionallicense or issuance of a driver's license until:

(A)  The person is eighteen years of age; or

(B)  Three months have elapsed since the dateof suspension,

whichever is sooner, and the person has otherwisesatisfied the requirements of this chapter; and

(2)  For a second or any subsequent violation of anyrequirement, the provisional license shall be revoked for six months by a districtcourt or family court judge.  If the person's provisional license is revoked,the person shall not be eligible for reissuance of the provisional license orissuance of a driver's license until:

(A)  The person is eighteen years of age; or

(B)  Six months have elapsed since the date ofrevocation,

whichever is sooner, and the person has otherwisesatisfied the requirements of this chapter.

Suspension or revocation of a provisional licensepursuant to this subsection shall be exempt from proof of financialresponsibility requirements under section 287-20.

(e)  If the provisional licensee is adjudicatedof an offense relating to the operation of a motor vehicle other than therequirements of subsection (b) or (c):

(1)  For a first adjudication, the provisional licenseshall be suspended or revoked by a district court or family court judge, inaddition to any other penalties that may be prescribed by law.  If the person'sprovisional license is suspended or revoked, the person shall not be eligible forreissuance of the provisional license or issuance of a driver's license until:

(A)  The person is eighteen years of age; or

(B)  Six months have elapsed since the date ofsuspension or revocation,

whichever is sooner, and the person has otherwisesatisfied the requirements of this chapter; and

(2)  For a second or any subsequent adjudication, theprovisional license shall be revoked for one year by a district court or familycourt judge, in addition to any other penalties that may be prescribed by law. If the person's provisional license is revoked, the person shall not beeligible for reissuance of the provisional license or issuance of a driver'slicense until:

(A)  The person is eighteen years of age; or

(B)  One year has elapsed since the date ofrevocation,

whichever is later, and the person has otherwisesatisfied the requirements of this chapter.

(f)  A provisional licensee may be issued adriver's license in accordance with this chapter if the provisional licensee:

(1)  Has satisfactorily held a provisional license forat least six months;

(2)  Has no pending proceeding that might result inthe suspension or revocation of the license;

(3)  Is at least seventeen years of age; and

(4)  Has satisfactorily complied with all requirementsof this chapter.

(g)  If not suspended or revoked, theprovisional license shall expire on the date of the provisional licensee'snineteenth birthday.

(h)  The fee for a provisional license shall beset in accordance with section 286‑111.

(i)  This section shall not apply to thelicensing of:

(1)  An emancipated minor; and

(2)  Motorcycle or motor scooter drivers.

(j)  For the purposes of this section,"household member" shall have the same meaning as defined in section291E-1.

(k)  Notwithstanding any other provisions, forthe purposes of this section, the district court and family court shall notifythe driver's license examiner of all persons under the age of eighteen who havepending violations or proceedings that might result in the suspension orrevocation of the provisional license, and any pending adjudication of anoffense relating to the operation of a motor vehicle. [L 2005, c 72, §1; am L2006, c 105, §1; am L 2007, c 74, §1]