(A) The Department of Motor Vehicles may issue a special restricted driver's license to a person who is at least sixteen years of age and less than seventeen years of age, who has:

(1) held a beginner's permit for at least one hundred eighty days;

(2) passed a driver's education course as defined in subsection (F);

(3) completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by any licensed individual listed in Section 56-1-100(A)(1-7);

(4) passed successfully the road test or other requirements the department may prescribe; and

(5) satisfied the school attendance requirement contained in Section 56-1-176.

(B) A special restricted driver's license is valid only in the operation vehicles during daylight hours. The holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older after six o'clock p.m. or eight o'clock p.m. during daylight saving time. The holder of a special restricted driver's license may not drive between midnight and six o'clock a.m. unless accompanied by any licensed individual listed in Section 56-1-100(A)(1-7). The accompanying driver must:

(1) occupy a seat beside the conditional license holder when the conditional license holder is operating a motor vehicle; or

(2) be within a safe viewing distance of the conditional license holder when the conditional license holder is operating a motorcycle or a moped.

(C) The restrictions in this section may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:

(1) employment or the opportunity for employment;

(2) travel between the licensee's home and place of employment or school;

(3) travel between the licensee's home or place of employment and vocational training;

(4) travel between the licensee's church, church-related and church-sponsored activities; or

(5) travel between the licensee's parentally approved sports activities.

(D) The waiver or modification of restrictions provided for in subsection (C) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.

(E) A special restricted license holder may not transport more than two passengers who are under twenty-one years of age unless accompanied by a licensed adult twenty-one years of age or older. This restriction does not apply when the special restricted license holder is transporting family members or students to or from school.

(F) A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instruction permit contained in Section 56-23-85.

(G) For purposes of issuing a special restricted driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students.

HISTORY: 1962 Code Section 46-166; 1959 (51) 564; 1960 (51) 1634; 1966 (54) 2424; 1967 (55) 670; 1992 Act No. 490, Section 1998 Act No. 258, Section 10; 2002 Act No. 181, Section 4; 2017 Act No. 89 (H.3247), Section 5, eff November 19, 2018; 2018 Act No. 259 (H.4676), Section 4, eff November 19, 2018.

Effect of Amendment

2017 Act No. 89, Section 5, amended the section, deleting the provision that allows a licensee to operate a motor scooter and the provision that defined the term "daylight hours", and providing the location that an accompanying driver must be seated when the licensee is operating a motor vehicle.

2018 Act No. 259, Section 4, in (A), in (3), substituted "any licensed individual listed in Section 56-1-100(A)(1-7)" for "the person's licensed parent or guardian"; and in (B), in the third sentence, substituted "any licensed individual listed in Section 56-1-100(A)(1-7)" for "the holder's licensed parent or guardian".