SB 569

Under current law, with limited exceptions, an applicant for an operator's

license authorizing operation of "Class D" vehicles, which are automobiles and most

passenger vehicles, is required to successfully complete a knowledge test and a

driving skills (road) test. Generally, Department of Transportation (DOT) examiners

must administer these tests, except: 1) DOT may authorize certain driver education

instructors to administer knowledge tests; 2) DOT may contract with third-party

testers to conduct road tests for "Class D" vehicle operators, but a third-party tester

may not administer a road test for a person who has received instruction in driver

training from the third-party tester; 3) DOT may contract with law enforcement

agencies to administer knowledge and road tests for "Class D" vehicle operators if no

DOT examining station is located in the municipality of the law enforcement agency;

and 4) DOT may contract with counties or other local governments to provide certain

services, including administering knowledge tests but not road tests.

This bill eliminates DOT's authority to contract with third-party testers and

law enforcement agencies as described in items 2) and 3), above, and instead creates

a road test certification and waiver procedure. Under this bill, DOT may enter into

a contract with any public or private entity permitted to offer courses in driver

education or training (driver training school) authorizing the driver training school

to certify that an individual who has received instruction in driver education or

training from the school (student) is eligible to be exempted from the road test

generally required to obtain an operator's license for a "Class D" vehicle. DOT's

contract with the driver training school must include standards and eligibility

requirements for this certification that ensure that a student who is certified as

eligible to be exempted from the road test has demonstrated driving skills equivalent

to or exceeding those necessary to successfully complete the road test administered

by DOT. In addition, DOT must require the driver training school to have a signed

agreement with each student that includes certain information and that advises the

student that there is no guarantee the driver training school will provide a

certification for the student and that, even if the school provides a certification, DOT

may still require the student to take and pass a road test administered by DOT.

Under the bill, if DOT receives from a driver training school a certification of

eligibility for exemption relating to a student, DOT may waive the road test for that

student when the student applies for an operator's license authorizing operation of

"Class D" vehicles. A driver training school that certifies a student as eligible to be

exempted from the road test administered by DOT is immune from civil liability for

bodily injury, death, or property damage arising out of any act or omission relating

to the certification.