A.R.S. tit. 28 ch. 8 — Arizona Revised Statutes Title 28 Chapter 8 — Motor Vehicle Driver Licenses

28-3001. Definitions In this chapter, unless the context otherwise requires: 1. "Cancellation" means the annulment or termination of a driver license because of an error or defect or because the licensee is no longer entitled to the license. 2. "Commercial driver license" means a license that is issued to an individual and that authorizes the individual to operate a class of commercial motor vehicles. 3. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is used in commerce to transport passengers or property and that includes any of the following: (a) A motor vehicle or combination of motor vehicles that has either a gross combined weight rating or gross weight of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating or gross weight of more than ten thousand pounds, whichever is greater. (b) A motor vehicle that has either a gross vehicle weight rating or a gross weight of twenty-six thousand one or more pounds, whichever is greater. (c) A bus. (d) A motor vehicle or combination of motor vehicles that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation authorization act of 1994 (49 United States Code sections 5101 through 5128) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title. 4. "Conviction" has the same meaning prescribed in section 28-101 and also means a final conviction or judgment, including an order of a juvenile court finding that a juvenile has violated a provision of this title or has committed a delinquent act that if committed by an adult constitutes any of the following: (a) Criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1. (b) A felony offense in the commission of which a motor vehicle was used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814. (c) A forfeiture of bail or collateral deposited to secure a defendant's appearance in court that has not been vacated. 5. "Disqualification" means a prohibition from obtaining a commercial driver license or driving a commercial motor vehicle. 6. "Employer" means a person, including the United States, a state or a political subdivision of a state, that owns or leases a commercial motor vehicle or that assigns a person to operate a commercial motor vehicle. 7. "Endorsement" means an authorization that is added to an individual's driver license and that is required to permit the individual to operate certain types of vehicles. 8. "Foreign" means outside the United States. 9. "Gross weight" has the same meaning prescribed in section 28-5431. 10. "Judgment" means a final judgment and any of the following: (a) The finding by a court that an individual is responsible for a civil traffic violation. (b) An individual's admission of responsibility for a civil traffic violation. (c) The voluntary or involuntary forfeiture of deposit in connection with a civil traffic violation. (d) A default judgment entered by a court pursuant to section 28-1596. 11. "License class" means, for the purpose of determining the appropriate class of driver license required for the type of motor vehicle or vehicle combination a driver intends to operate or is operating, the class of driver license prescribed in section 28-3101. 12. "Nondomiciled commercial driver license" means a commercial driver license issued to an individual domiciled in a foreign country or to an individual domiciled in another state if that state is prohibited from issuing commercial driver licenses. 13. "Original applicant" means any of the following: (a) An applicant who has never been licensed or cannot provide evidence of licensing. (b) An applicant who is applying for a higher class of driver license than the license currently held by the applicant. (c) An applicant who has a license from a foreign country. 14. "Revocation" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are terminated and shall not be renewed or restored, except that an application for a new license may be presented and acted on by the department after one year from the date of revocation. 15. "State of domicile" means the state or jurisdiction where a person has the person's true, fixed and permanent home and principal residence and to which the person has the intention of returning after an absence. 16. "Suspension" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are temporarily withdrawn during the period of the suspension. 17. "Vehicle combination" means a motor vehicle and a vehicle in excess of ten thousand pounds gross weight that it tows, if the gross combined weight rating is more than twenty-six thousand pounds. 28-3002. Fees; driver licenses; disposition; exemption A. The following fees are required: 1. For each original or initial application or renewal application, if a written examination is required, for the following: (a) Class A driver license, twenty-five dollars. (b) Class B driver license, twenty-five dollars. (c) Class C driver license, twelve dollars fifty cents. (d) Class D driver license issued pursuant to section 28-3171, ten dollars. (e) Class M driver license issued pursuant to section 28-3171, ten dollars. 2. Except as provided in paragraph 1, for each original, renewal or reinstatement application for a class D, G or M license: Age Fee 50 or older $10.00 45-49 $15.00 40-44 $20.00 39 or younger $25.00 3. For each original or initial application or renewal examination, if a written application is required, for the following endorsements to a driver license: (a) Bus endorsement, ten dollars. (b) Hazardous materials endorsement, ten dollars. (c) Tank vehicle endorsement, ten dollars. (d) Double-triple trailer endorsement, ten dollars. (e) Motorcycle endorsement, seven dollars. 4. For taking each driving test for a: (a) Class A driver license, twenty-five dollars. (b) Class B driver license, twenty-five dollars. (c) Class C driver license, twelve dollars fifty cents. (d) Bus endorsement, five dollars. 5. For each application for an instruction permit under: (a) Section 28-3154 or 28-3156, seven dollars. (b) Section 28-3155, three dollars. (c) Section 28-3225, class A, twenty-five dollars. (d) Section 28-3225, class B, twenty-five dollars. (e) Section 28-3225, class C, twelve dollars fifty cents. 6. For each renewal application, if a written examination is not required, for a: (a) Class A driver license and any endorsement, other than a hazardous materials endorsement, to the license, fifteen dollars. (b) Class B driver license and any endorsement, other than a hazardous materials endorsement, to the license, fifteen dollars. (c) Class C driver license and any endorsement, other than a hazardous materials endorsement, to the license, ten dollars. 7. For each application for a duplicate of a driver license, an amount determined by the director. 8. For each application for a duplicate of an instruction permit, two dollars. 9. In addition to the fees prescribed in paragraph 2 and except as provided in paragraph 11: (a) For reinstatement of driving privileges after suspension or disqualification, ten dollars. (b) For reinstatement of driving privileges after revocation, twenty dollars. 10. For each application for an extension by mail of a driver license, five dollars. 11. In addition to the fees prescribed in paragraph 2, for reinstatement of driving privileges that were suspended or denied pursuant to section 28-1385 after completion of the suspension or revocation, fifty dollars. 12. For vision screening tests of out-of-state drivers, five dollars. 13. For class D or M driver license skills tests for out-of-state drivers, fifteen dollars. 14. For a driver license or nonoperating identification license issued pursuant to section 28-3175, an amount to be determined by the director. B. Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees collected under this section in the Arizona highway user revenue fund. C. The fees established pursuant to this section do not apply to a veteran who does not have a residence address or whose residence address is the address of a shelter that provides services to the homeless. For the purposes of this subsection, "veteran" has the same meaning prescribed in section 41-601. 28-3003. Driver license fees; deposit A. The department may receive and deposit in the state highway fund established by section 28-6991 monies collected by the director pursuant to section 28-3002, paragraph 1, subdivisions (a), (b) and (c), paragraph 3, subdivisions (a), (b), (c) and (d), paragraph 4, subdivisions (a), (b) and (c), paragraph 5, subdivisions (c), (d) and (e) and paragraph 6. B. Subject to legislative appropriation, the department may use these monies in the state highway fund to carry out the duties imposed by this title for the licensing of drivers and to cover the administrative costs of driving tests for commercial motor vehicle operators. 28-3004. License records A. The department shall file an application for a license and shall maintain suitable indexes containing, in alphabetical order: 1. Each application denied, with a note on each application of the reason for the denial. 2. Each application granted. 3. Except as provided in subsection B of this section, the name of each licensee whose license has been suspended or revoked by the department, with a note after each name of the reason for the action. B. Except as provided in subsection C of this section, the director shall expunge from the public records maintained by the department a note of a suspension or revocation made pursuant to section 28-1385 if, after the suspension or revocation period, any of the following occurs: 1. The licensee submits a certified copy of the court record indicating either of the following: (a) A dismissal of the violation on which the suspension or revocation is based and submits proof that the charge was not refiled within six months after the dismissal. (b) A finding of not guilty of the violation on which the suspension or revocation is based. 2. After twelve months the licensee has not been charged with a violation of section 28-1381 or 28-1382 resulting from the event on which the suspension or revocation is based if the event does not involve death or serious physical injury as defined in section 13-105. 3. After twenty-four months the licensee has not been charged with a violation of section 28-1381 or 28-1382 resulting from the event on which the suspension or revocation is based if the event involves death or serious physical injury as defined in section 13-105. C. The director shall not expunge the record or shall rescind the expungement of the record if the licensee operates a commercial motor vehicle without the proper class of commercial driver license, holds a commercial driver license or is convicted of or found responsible for a violation of chapter 3, 4 or 5 of this title that occurred during the suspension or revocation period or if the licensee's driver license or permit is suspended pursuant to section 28-1321 or suspended and restricted pursuant to section 28-1385 during the suspension or revocation period. D. The department shall file all abstracts of court records of convictions and judgments it receives under the laws of this state and shall maintain convenient records of the abstracts or make suitable notations on the abstracts in order that an individual record of each licensee showing the convictions and judgments of the licensee and the traffic accidents in which the licensee has been involved is readily ascertainable and available for the consideration of the department on an application for renewal of a license and at other suitable times. E. The department shall maintain the records pursuant to this section for five years after the application, suspension, revocation or abstract of a court record of conviction or judgment has become inactive. 28-3005. Medical or psychological reports; immunity; definitions A. For medical conditions, a physician or registered nurse practitioner, or for psychological conditions, a psychologist, physician, psychiatric mental health nurse practitioner or addiction counselor who provides information to the director in good faith and at the written request of a driver license applicant or licensee concerning a person's medical or psychological condition with respect to operation of a motor vehicle is immune from personal liability with respect to the information provided. B. Notwithstanding the physician-patient, nurse-patient or psychologist-client confidentiality relationship, a physician, registered nurse practitioner or psychologist may voluntarily report a patient to the department who has a medical or psychological condition that in the opinion of the physician, registered nurse practitioner or psychologist could significantly impair the person's ability to safely operate a motor vehicle. If a report is made, the physician, registered nurse practitioner or psychologist shall make the report in writing, including the name, address and date of birth of the patient. On receipt of the report, the department may require an examination of the person reported in the manner provided by section 28-3314. A person shall not bring an action against a physician, registered nurse practitioner or psychologist for not making a report pursuant to this subsection. The physician, registered nurse practitioner or psychologist submitting the report in good faith is immune from civil or criminal liability for making the report pursuant to this subsection. The physician's, registered nurse practitioner's or psychologist's report is subject to subpoena or order to produce in an action except an action against the physician, registered nurse practitioner or psychologist submitting the report. C. In this section: 1. "Addiction counselor" means a person who is licensed by the board of behavioral health examiners in this state, who is licensed or certified in another state, who is certified by a board for certification of addiction counselors, who is a nationally certified addiction counselor or who is employed by the federal government and practicing in this state. 2. "Medical or psychological condition" means a condition that could affect a person's functional ability to safely operate a motor vehicle. 3. "Physician" means a medical doctor, optometrist, chiropractor, naturopathic physician, doctor of osteopathy or doctor of homeopathy who is licensed to practice in this state or another state or who is employed by the federal government and practicing in this state or their agents. 4. "Psychiatric mental health nurse practitioner" means a person certified as a registered nurse practitioner in a psychiatric mental health specialty area under the provisions of title 32, chapter 15. 5. "Psychologist" means a person who is licensed pursuant to title 32, chapter 19.1, who is licensed to practice psychology in another state or who is employed by the federal government and practicing in this state. 6. "Registered nurse practitioner" has the same meaning prescribed in section 32-1601. 28-3006. Driver license and nonoperating identification license applications; organ or tissue donation preference; reimbursement; definition A. The director shall establish procedures: 1. To allow a person applying for a driver license, permit or nonoperating identification license pursuant to this chapter to indicate during the application process the person's preference to be an organ or tissue donor. An indication that the applicant wishes to be an organ or tissue donor is considered to be a document of gift. 2. For the release of information contained in the driving record of a person who executes a document of gift that indicates a preference to be an organ or tissue donor if the release is for the purpose of being registered in the donor registry maintained pursuant to section 36-858. B. In consultation with an organ procurement organization of this state, the director may prescribe the form and content of an indicia to be placed on a driver license, permit or nonoperating identification license issued by the department indicating the person's wishes to be an organ or tissue donor. C. The department shall not implement this section unless the organ procurement organization that is located in this state and that meets the requirements of section 371 of the public health service act (58 Stat. 682; 42 United States Code section 273) provides adequate funding to the department to cover the costs the department will incur in implementing this section. D. For the purposes of this section, "document of gift" has the same meaning prescribed in section 36-841. 28-3053. Student transportation advisory council A. The student transportation advisory council is established consisting of the following members appointed by the governor: 1. One member representing the department of public safety. 2. One member representing the state board of education. 3. One member representing the state board for charter schools. 4. One member from a school district with a student count of less than six hundred in a county with a population of less than three hundred thousand persons. 5. One member from a school district with a student count of six hundred or more but less than three thousand. 6. One member from a school district with a student count of more than three thousand. 7. One member representing transportation administrators. 8. One member who is a certified school bus driver or school bus driver instructor. 9. One member representing a private sector school bus service provider or a private sector student transportation service provider. 10. One member from a charter school with a student count of less than six hundred. 11. One member from a charter school with a student count of more than six hundred. 12. One member with expertise in electric vehicle fleets, electric vehicle charging infrastructure or charging management services. 13. Two public members. B. The members shall serve staggered three-year terms unless a member vacates the position. Appointment to fill a vacancy resulting other than from expiration of a term is for the unexpired portion of the term only. C. The student transportation advisory council shall: 1. Meet at least twice annually. 2. Select a chairperson from its members. 3. Advise and assist the department of public safety in developing the rules required by sections 28-900 and 28-3228. 4. Recommend curricula for school bus driver safety and training courses required by section 28-3228. 5. Advise and consult with the department of public safety concerning matters related to the certification of school bus drivers and the safety of school buses and vehicles described in section 15-925. 6. Advise and consult with the department of public safety concerning matters related to modernizing and innovating K-12 student transportation to reduce transportation barriers for students, increase access to public school options and provide more transportation options for school districts and charter schools, including electric transportation. 7. Advise and consult with the department of administration concerning purchasing strategies to maximize transportation resources and find efficiencies to modernize and properly size transportation vehicles and systems. 8. Establish a mailing list that includes any party expressing an interest in the council's activities. The council shall provide written notice to each person on the list at least fifteen days before the date on which the meeting is to be held. The notice shall be sent by mail or electronic means to the party's last address of record with the council or by any other method reasonably calculated to effect actual notice to any party expressing interest in the council's activities. Written notice by electronic means is effective when transmitted. For other methods written notice is effective on receipt or five days after the date shown on the postmark stamped on the envelope, whichever is earlier. 9. Preapprove contract carriers and private parties as prescribed in section 15-923, subsection B. D. Members of the student transportation advisory council are not eligible to receive compensation or reimbursement for expenses. 28-3101. Driver license classes A. Except as provided in subsections B and C of this section and section 28-3102, the following driver license classes are valid: 1. Class A. A class A license is valid for operating either of the following: (a) A motor vehicle that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds if the gross combined weight rating is twenty-six thousand one or more pounds. (b) A vehicle that requires a class B, C or D license. 2. Class B. A class B license is valid for operating any of the following: (a) A single motor vehicle with a gross vehicle weight rating of twenty-six thousand one or more pounds. (b) A motor vehicle with a gross vehicle weight rating of twenty-six thousand one or more pounds that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less. (c) A vehicle that requires a class C or D license for operation. 3. Class C. A class C license is valid for operating any of the following: (a) A single motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less. (b) A motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less. (c) A motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds, if the gross combined weight rating is less than twenty-six thousand one pounds. (d) A vehicle that is required to be placarded for hazardous materials. (e) A bus or school bus. (f) A vehicle that requires a class D license for operation. 4. Class D. A class D license is valid for operating any of the following: (a) A single motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less, including an autocycle. (b) A motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less. (c) A motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds if the gross combined weight rating is less than twenty-six thousand one pounds. (d) A motorized touring vehicle. For the purposes of this subdivision, "motorized touring vehicle" means a motor vehicle that is all of the following: (i) Owned by a commercial entity. (ii) Rented for use during a sightseeing tour that is guided by an employee of the commercial entity that rents the motor vehicle. (iii) Designed to travel with three wheels on the ground. (iv) Capable of a maximum speed of forty-five miles per hour. 5. Class G. A class G license is valid for operating a single motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less. 6. Class M. A class M license is valid for operating a motorcycle, motor driven cycle or moped but is not necessary for operating an autocycle or a motorcycle that has at least three wheels and a three-point safety belt and bucket or bench seats and that is fully enclosed or uses a roll cage frame. For the purpose of licensing a driver, the department may endorse a class M license classification on a valid class A, B, C, D or G license. B. A class A, B, C, D or G license is not valid for operating a vehicle that requires a class M license or a vehicle that requires a special endorsement unless the proper endorsement appears on the license. C. A commercial driver license is not required to operate a vehicle described in subsection A, paragraph 1, 2 or 3 of this section if the vehicle has been issued a historic vehicle license plate pursuant to section 28-2484 and the department provides in the vehicle registration record both of the following: 1. That the vehicle is classified as a noncommercial vehicle and may not be used as a commercial vehicle. 2. The vehicle's declared gross weight as defined in section 28-5431 is entered as zero. 28-3102. Exceptions to driver license classes; definitions A. Notwithstanding section 28-3101, a person who operates an authorized emergency vehicle, a farm vehicle or a recreational vehicle may operate the vehicle with a class A, B, C, D or G license. B. For the purposes of this section: 1. "Commercial farming" means the intensive cultivation of arable land by raising agricultural or horticultural products as a principal source of the owner's livelihood. 2. "Commercial stock raising" means breeding, raising and caring for domestic animals as a principal source of the owner's livelihood. 3. "Farm vehicle" means a vehicle or combination of vehicles that is used for commercial farming or commercial stock raising and that meets all of the following requirements: (a) Is controlled and operated by the farm vehicle owner or the owner's family member or employee. (b) Is used to transport agricultural products, machinery or supplies to or from a commercial farming or a commercial stock raising operation. (c) Is not used in the operations of a for-hire motor carrier. (d) Is used within one hundred fifty miles of the farm vehicle owner's commercial farming or commercial stock raising operation. 4. "For-hire motor carrier" means a person engaged in and compensated directly for the transportation of goods or passengers. 5. "Recreational vehicle" means a motor vehicle or vehicle combination that is more than twenty-six thousand pounds gross vehicle weight rating and that is designed and exclusively used for private pleasure, including vehicles commonly called motor homes, pickup trucks with campers, travel trailers, boat trailers and horse trailers used exclusively to transport personal possessions or persons for noncommercial purposes. 28-3103. Driver license endorsements A. A driver license applicant shall obtain the following endorsements to the applicant's driver license and shall submit to an examination appropriate to the type of endorsement if the applicant operates one or more of the following vehicles: 1. A motorcycle endorsement for operation of a motorcycle if the applicant qualifies for a class M license and if the applicant qualifies for or has a class A, B, C, D or G license. 2. A hazardous materials endorsement on a class A, B or C license for operation of a vehicle that transports hazardous materials, wastes or substances in a quantity and under circumstances that require the placarding or marking of the transport vehicle as required by the department's safety rules prescribed pursuant to chapter 14 of this title. The department or an outside source authorized by the department and approved by the transportation security administration may: (a) Conduct background checks in accordance with the transportation security administration procedures. (b) Require that all hazardous materials endorsement applicants submit fingerprints. 3. A double-triple trailer endorsement on a class A license for operation of a vehicle towing double or triple trailers. 4. A passenger vehicle endorsement on a class A, B or C license for operation of a bus designed to transport sixteen or more passengers, including the driver, or a school bus. 5. A tank vehicle endorsement on a class A, B or C license for operation of a tank vehicle. For the purposes of this paragraph, "tank vehicle" means a commercial motor vehicle that is designed to transport a liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or chassis, including a cargo tank and a portable tank and excluding a portable tank having a rated capacity under one thousand gallons. 6. A school bus endorsement on a class A, B or C license for operation of a school bus. Applicants shall successfully complete both a written knowledge test and a driving skills test to obtain a school bus endorsement. B. When applying for a commercial driver license endorsement pursuant to article 5 of this chapter, the applicant shall successfully complete the skills portion of the examination in a motor vehicle or vehicle combination applicable to the endorsement. C. On notification by the transportation security administration that an individual's authorization to hold a hazardous materials endorsement has been terminated, the department shall immediately cancel the hazardous materials endorsement on the driver's commercial driver license. 28-3151. Driver license requirement; definition A. Unless exempt pursuant to this chapter, a person shall not drive a motor vehicle or vehicle combination on a highway without a valid driver license and proper endorsement as prescribed by this chapter. B. A person who is licensed under this chapter is entitled to exercise the privilege granted by this chapter on highways and is not required to obtain another license to exercise the privilege by a county, municipal or local board or a body with authority to adopt local police regulations. C. A person may not drive an off-highway vehicle in this state without a valid driver license as prescribed by this chapter. If a minor who is under twelve years of age violates this subsection, a citation shall be issued to the parent or legal guardian of the minor and not to the minor. If a minor who is at least twelve years of age and under sixteen years of age violates this subsection, a citation may be issued to the minor or to the parent or legal guardian of the minor, but not to both. D. For the purposes of this section, "highway": 1. Means the entire width between the boundary lines of every way publicly maintained by the federal government, the department or a city, town or county if any part of the way is open to the public for the purposes of vehicular travel other than exclusive off-highway vehicle use. 2. Does not include routes designated for off-highway vehicle use. 28-3152. Driver license; exemptions; limitation A. Except as provided in subsection B, the following persons are exempt from licensing under this chapter: 1. Except for United States reserve technicians, any of the following while operating a commercial motor vehicle for military purposes: (a) Active duty military personnel. (b) Members of the United States military reserve forces. (c) Members of the United States army national guard on active duty or the United States air national guard on active duty, including: (i) Personnel on full-time national guard active duty. (ii) Personnel on part-time national guard training. (d) United States army national guard and United States air national guard military technicians who are civilians and who are required to wear military uniforms. (e) Active duty United States coast guard personnel. 2. A person while driving or operating a farm tractor or implement of husbandry that is incidentally operated or moved on a highway. 3. A person who is a nonresident, who is at least sixteen years of age and who has in the person's immediate possession a valid driver license issued to the person in the person's home state or country while the person is operating a motor vehicle requiring a class D license. 4. A person who is a nonresident, who is at least eighteen years of age and who has in the person's immediate possession a valid commercial driver license or classified license that is issued to the person in the person's home state or country and that authorizes operation of a commercial motor vehicle while the person is operating a motor vehicle requiring a class A, B or C license in this state, except that the person must be licensed under this chapter before accepting employment from a resident of this state involving the operation of a motor vehicle requiring a class A, B or C license. 5. A person who is a nonresident, who is at least eighteen years of age and whose home state or country does not require the licensing of operators while the person operates a motor vehicle requiring a class D license for a period of not more than ninety days in a calendar year, if the motor vehicle that the person is operating is duly registered in the home state or country of the nonresident. 6. A person who has in the person's immediate possession a valid driver license issued to the person by another state or country while the person is operating a motor vehicle requiring a class D license, who is an employee, agent or consultant of an organization that operates in this state and at least one other state or country, who is principally domiciled or employed in another state or country and who is present in this state not more than ninety consecutive days. B. A person who is a resident of a foreign country and who operates a commercial vehicle in this state shall obtain a commercial driver license of the proper class that is issued by this state or another state, if the foreign country does not grant reciprocal driver license privileges to operators of commercial vehicles who are residents of this state. 28-3153. Driver license issuance; prohibitions A. The department shall not issue the following: 1. A driver license to a person who is under eighteen years of age, except that the department may issue: (a) A restricted instruction permit for a class D or G license to a person who is at least fifteen years of age. (b) An instruction permit for a class D, G or M license as provided by this chapter to a person who is at least fifteen years and six months of age. (c) A class G or M license as provided by this chapter to a person who is at least sixteen years of age. 2. A class D, G or M license or instruction permit to a person who is under eighteen years of age and who has been tried in adult court and convicted of a second or subsequent violation of criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or convicted of a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814, or who has been adjudicated delinquent for a second or subsequent act that would constitute criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or adjudicated delinquent for an act that would constitute a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814, if committed by an adult. 3. A class A, B or C license to a person who is under twenty-one years of age, except that the department may issue a class A, B or C license that is restricted to only intrastate driving to a person who is at least eighteen years of age. 4. A license to a person whose license or driving privilege has been suspended, during the suspension period. 5. Except as provided in section 28-3315, a license to a person whose license or driving privilege has been revoked. 6. A class A, B or C license to a person who has been disqualified from obtaining a commercial driver license. 7. A license to a person who on application notifies the department that the person is an alcoholic as defined in section 36-2021 or a drug dependent person as defined in section 36-2501, unless the person submits a medical examination report that includes a current evaluation from an addiction counselor indicating that, in the opinion of the counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle. 8. A license to a person who has been adjudged to be incapacitated pursuant to section 14-5304 and who at the time of application has not obtained either a court order that allows the person to drive or a termination of incapacity as provided by law. 9. A license to a person who is required by this chapter to take an examination unless the person successfully passes the examination. 10. A license to a person who is required under the motor vehicle financial responsibility laws of this state to deposit proof of financial responsibility and who has not deposited the proof. 11. A license to a person if the department has good cause to believe that the operation of a motor vehicle on the highways by the person would threaten the public safety or welfare. 12. A license to a person whose driver license has been ordered to be suspended for failure to pay child support, except that a noncommercial restricted license may be issued pursuant to section 25-518. 13. A class A, B or C license to a person whose license or driving privilege has been canceled until the cause for the cancellation has been removed. 14. A class A, B or C license or instruction permit to a person whose state of domicile is not this state. 15. A class A, B or C license to a person who fails to demonstrate proficiency in the English language as determined by the department. B. The department shall not issue a driver license to or renew the driver license of the following persons: 1. A person about whom the court notifies the department that the person violated the person's written promise to appear in court when charged with a violation of the motor vehicle laws of this state until the department receives notification in a manner approved by the department that the person appeared either voluntarily or involuntarily or that the case has been adjudicated, that the case is being appealed or that the case has otherwise been disposed of as provided by law. 2. If notified pursuant to section 28-1601, a person who fails to pay a civil penalty as provided in section 28-1601, except for a parking violation, until the department receives notification in a manner approved by the department that the person paid the civil penalty, that the case is being appealed or that the case has otherwise been disposed of as provided by law. C. The magistrate or the clerk of the court shall provide the notification to the department prescribed by subsection B of this section. D. Notwithstanding any other law, the department shall not issue to or renew a driver license or nonoperating identification license for a person who does not submit proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law. For an application for a driver license or a nonoperating identification license, the department shall not accept as a primary source of identification a driver license issued by a state if the state does not require that a driver licensed in that state be lawfully present in the United States under federal law. The director shall adopt rules necessary to carry out the purposes of this subsection. The rules shall include procedures for: 1. Verification that the applicant's presence in the United States is authorized under federal law. 2. Issuance of a temporary driver permit pursuant to section 28-3157 pending verification of the applicant's status in the United States. 28-3154. Instruction permit for a class D or G license A. A person who is at least fifteen years and six months of age may apply to the department for an instruction permit for a class D or G license. The department may issue an instruction permit to the applicant after the applicant successfully passes all parts of the examination other than the driving test. B. The instruction permit entitles the permittee to drive a motor vehicle requiring a class D or G license on the public highways for twelve months when both of the following conditions are met: 1. The permittee has the permit in the permittee's immediate possession. 2. The permittee is accompanied by a person who has a class A, B, C or D license, who is at least twenty-one years of age and who occupies a seat beside the permittee. C. A permittee may not drive a motor vehicle while using a wireless communication device for any reason except during an emergency in which stopping the motor vehicle is impossible or will create an additional emergency or safety hazard. A peace officer may not stop or issue a citation to a person operating a motor vehicle on a highway in this state for a violation of this subsection unless the peace officer has reasonable cause to believe there is another alleged violation of a motor vehicle law of this state. 28-3155. Restricted instruction permit A. On receipt of a proper application, the department may issue a restricted instruction permit for a class D or G license to an applicant who is enrolled in a driver training program approved by the department and who is at least fifteen years of age. The restricted instruction permit is effective for a school year or a more restricted period. B. After the applicant successfully passes all parts of the examination other than the driving test, the department may issue a restricted instruction permit to the applicant. The permit entitles the permittee to operate a motor vehicle requiring a class D license when all of the following conditions are met: 1. The permittee has the permit in the permittee's immediate possession. 2. The permittee drives on a designated highway or within a designated area. 3. An approved instructor who has a class A, B, C or D license occupies a seat beside the permittee. 28-3156. Class M instruction permit A. A person who is at least fifteen years and six months of age may apply to the department for an instruction permit for a class M license. The department may issue an instruction permit to the applicant after the applicant successfully passes all parts of the examination other than the motorcycle skill test. B. The permit entitles the permittee to operate a motorcycle requiring a class M license or endorsement when the permittee has the permit in the permittee's immediate possession. The permit is valid for seven months from the date of issuance. C. The permittee shall not operate a motorcycle as follows: 1. On a controlled access highway as defined in section 28-601. 2. On a public highway from sunset to sunrise or when there is insufficient light to clearly discern a person and a vehicle on the highway at a distance of five hundred feet. D. The department shall not issue more than two class M permits to the same person within twenty-four months. 28-3157. Temporary driver permit A. The department may issue a temporary driver permit to an applicant for a driver license. The permit allows the driver to operate a motor vehicle while the department is completing its investigation and determining all facts relative to the applicant's privilege to receive a driver license. B. The permittee shall have the permit in the permittee's immediate possession while operating a motor vehicle. The permit is invalid when the permittee is issued a driver license or when a driver license is refused for good cause. 28-3158. Driver license or instruction permit application A. A person who applies for an instruction permit or for a driver license shall use a form furnished by the department. B. An applicant shall pay the fee prescribed by section 28-3002 for a driver license or for an instruction permit issued under section 28-3154, 28-3155, 28-3156 or 28-3225. The department shall refund an application fee pursuant to section 28-373. C. An applicant for an instruction permit or a driver license shall give the department satisfactory proof of the applicant's full legal name, date of birth, sex and domicile residence address in this state, if the applicant has a residence address, and that the applicant's presence in the United States is authorized under federal law. D. The application for an instruction permit or a driver license shall state the following: 1. A brief description of the applicant and any other identifying information required by the department. 2. Whether the applicant has been licensed, and if so, the type of license issued, when the license was issued and what state or country issued the license. 3. If the applicant was never licensed, the applicant's last previous state or country of residence. 4. The social security number of the applicant. 5. Other information required by the department. E. The department shall: 1. Verify that a social security number provided by an applicant is a valid number assigned to that applicant. 2. Retain the social security number in its records. F. The social security number provided to the department pursuant to subsection D of this section for an applicant's driver license or instruction permit shall not appear on an applicant's driver license or instruction permit unless the applicant requests that the social security number appear on the applicant's driver license or instruction permit as the driver license or instruction permit number. Except as provided in sections 28-455 and 41-1954, the department shall not release the social security number to any person unless the applicant requests that the social security number appear on the applicant's driver license or instruction permit as the driver license or instruction permit number. The provisions of this subsection shall be included in each application. G. The department may adopt and implement procedures to deny a driver license or instruction permit to a person who has been deported. The department may adopt and implement procedures to reinstate a person's privilege to apply for a driver license or permit if the person's legal presence status is restored. H. On request of an applicant, the department shall allow the applicant to provide on the license or permit a post office box address that is regularly used by the applicant. I. The department may request an applicant who appears in person for a license, a duplicate license or reinstatement of a driving privilege to complete satisfactorily the vision screening prescribed by the department. J. If a driver license applicant submits satisfactory proof to the department that the applicant is a veteran, on request of the applicant, the department shall allow a distinguishing mark to appear on the license that identifies the person as a veteran. 28-3159. Restricted licenses A. With good cause, the department may issue the following restricted driver licenses: 1. A driver license with any of the following: (a) Restrictions suitable to the licensee's driving ability for the type of motor vehicle or special mechanical control devices required on a motor vehicle that the licensee may operate. (b) Restrictions suitable to the licensee's ability to drive a motor vehicle in areas, at locations or on highways or during certain times. (c) Other restrictions as the department determines appropriate to ensure the safe operation of a motor vehicle by the licensee. 2. A class A, B or C driver license that restricts the driver from operating: (a) A commercial motor vehicle equipped with air brakes, if the applicant either fails the air brake component of the knowledge examination or performs the skills test in a vehicle that is not equipped with air brakes. (b) A vehicle in interstate commerce, if the applicant is not subject to 49 Code of Federal Regulations part 391. (c) A motor vehicle for the purposes of interstate commerce, if an applicant for a class A, B or C license is at least eighteen years of age. 3. A class A, B or C driver license with other restrictions that the department determines are appropriate to ensure the safe operation of a commercial motor vehicle by the licensee. 4. A class M license that restricts the driver from driving a vehicle other than a motorcycle, motor driven cycle or moped with a maximum piston displacement of one hundred cubic centimeters or less, if the applicant performs the driving examination with a motorcycle, motor driven cycle or moped with a maximum piston displacement of one hundred cubic centimeters or less. 5. A special ignition interlock restricted driver license pursuant to chapter 4, article 3.1 of this title. 6. A license restricting the travel of the driver as provided in section 25-518. B. The department may either issue a special restricted license or display the restrictions on the usual driver license form. 28-3160. Applications of minors; liability A. Except as provided in section 28-3161, the following person or persons shall sign and verify before a person authorized to administer oaths the application of a person under eighteen years of age for an instruction permit, a class G or M driver license or an endorsement to a class G or M driver license: 1. If both the father and mother of the applicant are living, have custody of the applicant and are married to each other, either the father or the mother of the applicant. 2. If both the father and mother of the applicant are living, have custody of the applicant and are not married to each other, both the father and mother of the applicant. 3. If one parent of the applicant has custody of the applicant, the parent who has custody. 4. If neither parent of the applicant is living, the person or guardian who has custody of the applicant or an employer of the applicant. 5. If the applicant resides with a foster parent, the foster parent. 6. If there is no guardian or employer of the applicant, a responsible person who is willing to assume the obligation imposed by this chapter on a person who signs the application of a minor. B. Negligence or wilful misconduct of a minor when driving a motor vehicle on a highway is imputed to the person who signs the application of the minor for a permit or license. Except as otherwise provided in subsection D of this section, the person who signs the application is jointly and severally liable with the minor for damage caused by the negligence or wilful misconduct. C. Notwithstanding section 25-214, subsection C, a spouse who signs the application pursuant to subsection A of this section binds the marital community. D. The parents or guardian of a minor are not liable under subsection B of this section during the time proof of financial responsibility is maintained by the minor or on behalf of the minor in the form and in amounts required by law for the operation of a motor vehicle the minor owns, or if the minor is not the owner of a motor vehicle, for the operation of any motor vehicle. 28-3161. Application of student minor; instructor liability A. A person who is at least fifteen years of age, who is attending school and who is not living or residing with the person's parent or guardian may apply for a restricted instruction permit issued pursuant to section 28-3155. An approved instructor of the drivers training program for which the permit is issued may sign the application in lieu of the requirements of section 28-3160. B. The permit is valid only when the instructor who signed the application is in the vehicle with the permittee. C. If the person is under eighteen years of age, an approved instructor assumes the obligations imposed on a person signing the application of a minor only when the instructor who signed the application is in the vehicle with the permittee. D. The application for a restricted instruction permit shall include a statement that the instructor who signs the application understands that the instructor is liable for damage caused by negligence or wilful misconduct of the permittee while operating a motor vehicle when the instructor is in the vehicle. 28-3162. Cancellation of minor's driver license; release from liability A. A person who signs the application of a minor for a driver license may file with the department a verified written request that the department cancel the driver license of the minor. On receipt of the request, the department shall cancel the driver license of the minor and the person who signed the application of the minor is released from the liability for subsequent negligence or wilful misconduct of the minor in operating a motor vehicle. B. A parent of a minor who applies for a driver license may file a verified written request to cancel the driver license if the parent has custody of the minor and if the parent is subject to section 28-3160, subsection A but does not sign the application. C. On receipt of satisfactory evidence of the death of the person or persons who signed the application of a minor for a driver license, the department shall cancel the driver license and shall not issue a new license until a new application is made, duly signed and verified as required by this chapter. This subsection does not apply if the minor has reached eighteen years of age. 28-3163. Unlicensed minor; liability An owner of a motor vehicle who causes or who knowingly permits an unlicensed minor to drive a vehicle on a highway and a person who gives or furnishes a motor vehicle to an unlicensed minor are jointly and severally liable with the minor for damages caused by the negligence or wilful misconduct of the minor in driving the vehicle. 28-3164. Original applicants; examination A. The department may do any of the following: 1. Examine an applicant for an original driver license. 2. Accept the examination conducted by an authorized third party pursuant to chapter 13 of this title. Beginning July 1, 2014, the third party must be authorized pursuant to section 28-5101.01 or 28-5101.03. 3. Accept documentation of successful completion of a driver training course approved by the department. Beginning July 1, 2014, for a class D or G license the documentation must be provided by a third party authorized pursuant to section 28-5101.02. 4. Accept documentation that the applicant has successfully completed education on special performance equipment and medically related driving circumstances. Beginning July 1, 2014, the documentation must be provided by a third party authorized pursuant to section 28-5101.02. 5. Accept documentation that the applicant has successfully completed driver education lessons provided by an instructor who is certified by the superintendent of public instruction. B. The examination shall include all of the following: 1. A test of the applicant's: (a) Eyesight. (b) Ability to read and understand official traffic control devices. (c) Knowledge of safe driving practices and the traffic laws of this state, including those practices and laws relating to bicycles. (d) Knowledge of the effect of using a portable wireless communication device as defined in section 28-914 or engaging in other actions that could distract a driver on the safe or effective operation of a motor vehicle. 2. An actual demonstration of ability to exercise ordinary and reasonable control in the operation of a vehicle or vehicle combination of the type covered by the license classification or endorsement for which the applicant applies. 3. Other physical and mental examinations if the department finds them necessary to determine the applicant's fitness to safely operate a motor vehicle on the highways. C. The department may examine an original applicant for a class M license or a motorcycle endorsement or the department may accept the examination conducted by an authorized third party pursuant to chapter 13, article 1 of this title or documentation of successful completion of a motorcycle training program approved by the department. Beginning July 1, 2014, the documentation of successful completion of a motorcycle training program must be provided by a third party motorcycle driver license training provider authorized pursuant to section 28-5101.02 or a motorcycle training program approved by the department and provided in another state or by the United States military. The department may examine an applicant who has a motorcycle license from another jurisdiction. This examination shall be the same as for all applicants, except that the department may make modifications it finds necessary to determine the applicant's fitness to operate a motorcycle, motor driven cycle or moped on the highways. D. The department shall examine a person who holds a driver license issued by another country and who applies for an initial license in this state as an original applicant, except that the department may waive an actual demonstration of the ability to exercise ordinary and reasonable control in the operation of a motor vehicle if the person applies for a class D or G license and appears to meet the department's medical qualifications and if the out-of-state license is not revoked or is not expired for more than one year. E. The department may waive the driving examination for initial applicants for a class M license or a motorcycle endorsement if all of the following conditions exist: 1. The applicant's current license indicates the applicant has been specifically licensed to operate a motorcycle. 2. The applicant appears to meet the department's medical qualifications. 3. The applicant's out-of-state license is not revoked or is not expired for more than one year. 28-3165. Nonoperating identification license; immunity; rules; emancipated minors; definition A. On receipt of an application from a person who does not have a valid driver license issued by this state or whose driving privilege is suspended, the department shall issue a nonoperating identification license that contains a distinguishing number assigned to the licensee, the full legal name, the date of birth, the residence address and a brief description of the licensee and either a facsimile of the signature of the licensee or a space on which the licensee is required to write the licensee's usual signature with pen and ink. A nonoperating identification license that is issued to a person whose driving privilege is suspended shall not be valid for more than one hundred eighty days from the date of issuance. B. On request of an applicant: 1. The department shall allow the applicant to provide on the nonoperating identification license a post office box address that is regularly used by the applicant. 2. If the applicant submits satisfactory proof to the department that the applicant is a veteran, the department shall allow a distinguishing mark to appear on the nonoperating identification license that identifies that person as a veteran. 3. If the applicant elects to show and submits satisfactory proof to the department that the applicant is an enrolled member of a federally recognized Indian tribe located in this state, the department shall allow a distinguishing mark to appear on the nonoperating identification license that identifies the applicant as a Native American. The distinguishing mark may not identify a specific Indian tribe or other specific personal information that is submitted on the documents that provide satisfactory proof that the person is an enrolled member of a federally recognized Indian tribe located in this state. Documents that provide satisfactory proof that the person is an enrolled member of a federally recognized Indian tribe located in this state include: (a) An enhanced triba