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H.B. 12 Enrolled

                 

DRIVER EDUCATION REQUIREMENTS

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Marda Dillree

                  AN ACT RELATING TO PUBLIC SAFETY AND PUBLIC EDUCATION; ESTABLISHING
                  CERTAIN BEHIND-THE-WHEEL DRIVER TRAINING REQUIREMENTS; AND
                  PROVIDING AN EFFECTIVE DATE.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      53A-13-201, as last amended by Chapter 48, Laws of Utah 1996
                      53A-13-202, as last amended by Chapter 191, Laws of Utah 1992
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 53A-13-201 is amended to read:
                       53A-13-201. Driver education established by school districts.
                      (1) As used in this part:
                      (a) "driver education" includes classroom instruction and driving and observation in a
                  dual-controlled motor vehicle; and
                      (b) "driving" means operating a dual-controlled motor vehicle under the supervision of an
                  approved instructor.
                      [(1)] (2) (a) Local school districts may establish and maintain driver education classes for
                  pupils.
                      (b) A school that provides driver education shall provide opportunity for each pupil
                  enrolled in that school to take the written test and be issued a practice permit when the pupil is 15
                  years and nine months of age.
                      [(2) "Driver education," as used in this chapter, includes classroom instruction and
                  behind-the-wheel driving and observation in a dual controlled automobile.]
                      (3) The [aims and purposes] purpose of driver education [are] is to help develop the
                  knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles.
                      (4) The State Board of Education shall prescribe rules for driver education classes in the


                  public schools.
                      (5) The rules under Subsection (4) shall require at least one hour of classroom training on
                  the subject of railroad crossing safety for each driver education pupil.
                      (6) (a) Except as provided in Subsection (6)(b), driver education offered under this part and
                  used to satisfy the driver training requirement under Section 53-3-204 shall include at least six hours
                  of driving a motor vehicle for each student.
                      (b) No more than three hours of the behind-the-wheel driving may be substituted as follows:
                      (i) A maximum of one of the hours may be achieved by completing not less than four hours
                  of driving simulation on an approved driving simulator.
                      (ii) A maximum of three of the hours may be achieved by completing not less than six hours
                  of range driving on an approved driving range, with each two hours of range driving equivalent to
                  one hour of the driving required under Subsection (6)(a).
                      (c) The driving required under Subsection (6)(a) shall include, if feasible, driving on
                  interstate and other multi-lane highways.
                      Section 2. Section 53A-13-202 is amended to read:
                       53A-13-202. Reimbursement of school districts for driver education class expenses --
                  Limitations -- Excess funds.
                      (1) The state superintendent of public instruction shall, prior to September 2nd following
                  the school year during which it was expended, or may at earlier intervals during that school year,
                  reimburse each school district that applied for reimbursement and maintains driver education classes
                  that conform to Section 53A-13-201 and the rules prescribed by the board for the actual cost of
                  providing the behind-the-wheel and observation training incidental to those classes.
                      (2) Under the state board's supervision, a school district may employ noncertified personnel
                  or may contract with private parties or agencies for the behind-the-wheel phase of the driver's
                  education program.
                      (3) The reimbursement amount shall be paid out of the Automobile Driver Education Fee
                  Account in the Uniform School Fund and may not exceed the state average behind-the-wheel and
                  observation training costs based on uniform accounting for the preceding year but not to exceed $90

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                  per student who has completed such a standard driver education course during the school year.
                      (4) If the amount of money in the account at the end of a school year is less than the total of
                  the reimbursable costs, the state superintendent of public instruction shall allocate the money to each
                  school district in the same proportion that its reimbursable costs bear to the total reimbursable costs
                  of all school districts.
                      (5) If the amount of money in the account at the end of any school year is more than the total
                  of the reimbursement costs, the superintendent may allocate the excess funds to school districts to
                  aid in the procurement of equipment and facilities which reduce the cost of behind-the-wheel
                  instruction.
                      Section 3. Effective date.
                      This act takes effect on July 1, 1999.

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