SB140

By Senator Singleton

ENROLLED, An Act,

To amend Section 32-6-3 of the Code of Alabama 1975, relating to the examination for a driver's license; to further provide that the Alabama Law Enforcement Agency may authorize driver education instructors at private driving schools to administer the examination; to require the agency to provide continuing education to all third party agents; and to require a photograph be attached to an applicant's examination report under certain conditions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 32-6-3 of the Code of Alabama 1975, is amended to read as follows:

§32-6-3.

"(a) Every person who applies for an initial Alabama driver's license issued by the Department of Public Safety Alabama State Law Enforcement Agency under this article shall be given and successfully pass an examination before the issuance of a driver's license. The person shall apply to the officer, state trooper, or duly authorized third party testing agent of the Director of Public Safety Secretary of the Alabama State Law Enforcement Agency, or one of them where there is more than one, designated by the Director of Public Safety secretary to conduct examinations. A minor shall furnish a certified copy of his or her birth certificate or a certified statement from the county superintendent of education of the county in which the minor resides or from the superintendent of the school which the minor attends proving that the minor is at least 16 years of age. Upon satisfying this requirement, the minor shall be examined.

"(b)(1) The Director of Public Safety secretary shall promulgate reasonable rules and regulations not in conflict with the laws of this state as to the kind of examination or test to be given and the method and manner of giving the examination, ascertaining and reporting the results of the examination, and to who qualifies to give the examination. In lieu of examination by the Department of Public Safety agency for the written, oral, vision, and driving portion of the examination, an applicant currently enrolled or beginning enrollment in a high school drivers' education class may submit proof that the applicant has passed the written, oral, vision, and driving portion of the examination which has been given by either any of the following:

"a. A certified driver education instructor at a public high school who is approved by the State Department of Education and trained as a third party testing agent for the Department of Public Safety agency.

"b. A driver education instructor at a private high school who is certified, approved, and trained by the Department of Public Safety agency to act as a third party testing agent for the Department of Public Safety agency.

"c. A driver education instructor at a private driving school who is certified, approved, and trained by the agency to act as a third party testing agent for the agency.

"(2) In no way shall the State Department of Education be responsible for the approval and training of private high school driver education instructors as third party testing agents for the Department of Public Safety agency.

"(3) Reports of all examinations shall be on forms provided by the Director of Public Safety secretary and shall indicate if the applicant passed the examination.

"(4) The agency shall develop a continuing education program that includes an update on any new laws, rules, or procedures and shall require all third party testing agents to annually attend the continuing education program in order for the agents to keep their certification.

"(c)(1) If the applicant passes the examination, the applicant shall be given a certificate to that effect, on a form provided by the Director of Public Safety secretary, by the officer, state trooper, or duly authorized third party testing agent of the Director of Public Safety secretary conducting the examination. The applicant shall present the certificate to a driver's license office of the department agency.

"(2) After an applicant passes the driving portion of the examination a photo of the applicant shall be attached to the examination report and any other documents related to the examination of the applicant.

"(d) If a person fails to pass the examination, no certificate shall be given to the person. No application for an initial Alabama driver's license shall be accepted by a judge of probate or license commissioner.

"(e) A person who secures a renewal of a license in the manner provided by law shall not be required to take the examination unless the Director of Public Safety secretary deems it advisable to require the person to take the examination. If the Director of Public Safety secretary deems it advisable, the director secretary shall notify the person in writing by letter sent to the address given on the application of the person at least 10 days before the date on which the examination or test is given of the time and place of the examination. The examination given to such a the person shall be conducted in the same manner and the result of the examination ascertained and reported in the same way as examinations are given to persons applying for an initial Alabama driver's license.

"(f) Failure of a person to appear after notice to take such an examination or test, or refusal by a person to take the examination or test, shall be grounds for suspension or revocation of the license of the person by the Director of Public Safety secretary. A person to whom such an examination or test is given who fails to pass the examination or test shall have his or her license revoked by the Director of Public Safety secretary."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Drivers' Licenses

Motor Vehicles

Law Enforcement Agencies

Licenses and Licensing

Education Department

Code Amended