required by § 32-12-4 and shall be issued an instruction permit upon passage of the test. The
department may, after the applicant has successfully passed all parts of the examination other than
the driving test and paid a fee which is equal in amount to the fee prescribed for a license in § 32-12-16, issue to the applicant an instruction permit. The instruction permit entitles the applicant, while
having the permit in the applicant's immediate possession, to drive a motor vehicle upon the public
highways for a period of one year during the hours of 6 a.m. to 10 p.m. if accompanied by a person
holding a valid operator's license who is at least eighteen years of age, has had at least one year of
driving experience, and who is occupying a seat beside the applicant. The applicant is entitled to
drive a motor vehicle upon the public highways during the hours of 10 p.m. to 6 a.m. if the motor
vehicle is being operated under the direction of the applicant's parent or guardian who is occupying
a seat beside the applicant. No holder of an instruction permit may use any type of wireless
communication device while operating a motor vehicle upon the public highways. The holder of an
instruction permit may apply for a restricted minor's permit or operator's license after holding a valid
instruction permit for one hundred eighty continuous days.
Section 3. That § 32-12-12 be amended to read as follows:
32-12-12. A restricted minor's permit may be issued, upon application and payment of the proper
fees as provided in § 32-12-16, to a minor at least fourteen years of age but less than eighteen years
of age who has successfully passed all applicable tests and completed the requirements of an
instruction permit as provided in § 32-12-11 or 32-12-11.1 and has not been convicted of a traffic
violation during the past six months. For any such minor who has successfully completed a driver
education course that has been approved by the Department of Education or a driver education
course that the secretary of the department of public safety has determined has been approved by a
state government agency in another state, the required minimum time period for holding the
instruction permit in order to qualify for the restricted minor's permit is ninety continuous days. A
restricted minor's permit entitles the holder, while having the permit in immediate physical
possession, to operate a motor vehicle during the hours of 6 a.m. to 10 p.m. standard time if the
motor vehicle is being operated with the permission of the holder's parent or guardian and during the
hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the holder's
parent or guardian who is occupying a seat beside the holder. The restrictions as to time of operation
and operation under the direction of a parent or guardian do not apply to the holder of a valid
restricted minor's permit operating a self-propelled agricultural machine which is not subject to
registration under chapter 32-5. No holder of a restricted minor's permit may use any type of wireless
communication device while operating a motor vehicle upon the public highways.
Section 4. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as
follows:
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I certify that the attached Act originated in the
SENATE as Bill No. 106
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 106 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |