First Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 05-0729.01 Jery Payne HOUSE BILL 05-1235 HOUSE SPONSORSHIP Lundberg, SENATE SPONSORSHIP (None), House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning education requirements necessary for a minor to obtain an instruction permit, and, in connection therewith, authorizing a teaching parent and setting standards for driver's education and awareness courses. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Authorizes a parent to administer a driver's education or driver's prequalification awareness course to qualify a student to obtain a driver's permit. Requires a teaching parent to use a course approved by the department of revenue. Clarifies that a teaching parent does not have to install special equipment. Authorizes a student to use a driver's education course completion certificate as satisfactory evidence of minor driving time requirements. Sets standards for a parent-instructed student. Sets course standards for a driver's prequalification awareness course. Sets curriculum, behind-the-wheel, and provider standards for a driver's education course. Defines relevant terms. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 1 of Article 2 of Title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 42-2-106.5. Permit - driver education. (1) Definitions. As used in this section, unless the context otherwise requires: (a) "Special equipment" means extra passenger braking systems, additional mirrors, a kill switch, or other equipment installed to instruct driving students. (b) "Student" means a person who is at least fifteen but not more than eighteen years of age, who is or will be eligible for a minor's instruction permit within one year, and who is learning to drive. (c) "Teaching parent" means a parent or guardian of a student who: (I) Holds a valid Colorado driver's license; (II) Provides private instruction to the student; (III) Has not been convicted of a driving felony or a violation of section 42-4-1301 in the past five years, as evidenced by a statement of fact made by the teaching parent; and (IV) Has current vehicle insurance and registration. (2) Teaching parents. (a) A student receiving instruction from a teaching parent using a prequalification driver awareness course approved pursuant to subsection (3) of this section shall meet the education requirement for a minor's instruction permit issued under section 42-2-106 (1) (d). A student receiving instruction from a teaching parent using a driver's education course approved pursuant to subsection (4) of this section shall meet the education requirement for a minor's instruction permit under section 42-2-106 (1) (b). (b) A teaching parent shall not be required to install special equipment in his or her vehicle to qualify as a teaching parent. (c) To qualify for a permit under paragraph (a) of this subsection (2), a student receiving instruction from a teaching parent shall use a course approved pursuant to subsection (3) of this section or a curriculum provided by an approved driver education and training organization and approved pursuant to subsection (4) of this section. (d) To successfully meet the driver's education requirements of this subsection (2), a student shall be able to drive safely and appropriately, show respect for other drivers and other highway users, and adjust performance as suggested by the teaching parent or instructor. (e) A certificate of completion of a driver's education course approved pursuant to subsection (4) of this section shall be evidence of fifty hours of driving required by section 42-2-104 (4) (a) (II). (3) Prequalification driver awareness courses. A person shall not offer a prequalification driver awareness program unless approved by the department. The department shall evaluate and approve the course curriculum to ensure that it meets the requirements of this subsection (3). The curriculum may include home study, internet study, CD-ROM instruction, or formal class instruction. To be approved, a course shall contain at least four hours of material and shall include, but not be limited to, instruction regarding: (a) Why teens are high-risk drivers, including the factors of maturity, attitude, and lack of experience; (b) The biochemistry of alcohol and other drugs, including the types of drugs that affect one's ability to drive; (c) The psychology of alcohol and drugs, including the effects of alcohol and drug abuse on driving and the costs of such abuse; and (d) Basic traffic laws, including the rules of the road, Colorado-specific laws, and laws affecting new drivers. (4) Driver's education course. (a) A person shall not offer a driver's education course unless the curriculum and the course provider are approved by the department. The department shall evaluate and approve a curriculum and a course provider to ensure that they meet the requirements of this subsection (4). (b) To be approved, a course provider shall: (I) Maintain local offices within the state of Colorado; (II) Offer behind-the-wheel training and in-classroom instruction; (III) Make its records for teen drivers available to the department, upon reasonable request; (IV) Submit the curriculum each year for department approval; (V) Carry professional teacher's liability insurance in an amount determined by the department; (VI) Be bonded to cover liability in an amount determined by the department; (VII) Approve or disapprove a student's completion of its course based upon met requirements; and (VIII) Provide a certificate of completion to a student if the student has met the course requirements. (c) A course curriculum shall not be approved unless it contains instruction regarding: (I) Permitting and licensing procedures and laws; (II) Basic traffic law, including, but not limited to, rights-of-way, signs, signals, and lane markings; (III) Passenger protection, including, but not limited to, seat belts, child safety restraints, air bag safety, vehicle systems, vehicle capabilities, and vehicle security; (IV) Standard maneuvers, including, but not limited to, proper steering, lane management, turns, lane changes, merging, and night driving; (V) The effects of drugs and alcohol and penalties for drug and alcohol violations; (VI) Safe driving practices, including, but not limited to, headlight use, reference points, following distance, and hazard identification; (VII) Driver courtesy, including, but not limited to, sharing the road with pedestrians, bicycles, and motorcycles; anger management; and preventing road rage; (VIII) Hazard response and avoidance, including, but not limited to, off-road recovery, negotiating inclement weather, negotiating varying terrain, and accident reporting; (IX) Vehicle economics, including, but not limited to, buying or leasing a car, insurance, fuel efficiency, environmental concerns, road trips, and using maps; and (X) Risks specific to teen drivers. (d) To be approved, a driver education course shall include fifty hours of behind-the-wheel training, ten of which shall be between sunset and sunrise. This training shall include, but not be limited to, instruction regarding: (I) Preparing the vehicle to drive, putting on a seat belt, adjusting mirrors, and adjusting the seat; (II) Starting the vehicle, braking, observing the road, placing the vehicle in gear, and accelerating; (III) Successfully navigating parking lots, residential streets, commercial streets, and highways; and (IV) Management of speed, brakes, turns, lanes, signs and signals, road observation, inclement weather situations, and attitude. (e) A course provider shall: (I) Obtain copies of all documentation, log sheets, driver logs, and driver evaluation forms from the teaching parent; (II) Make its records for teen drivers available to the department, upon reasonable request; (III) Submit the curriculum each year for department approval; (IV) Carry professional teacher's liability insurance in an amount determined by the department; (V) Be bonded to cover liability in an amount determined by the department; (VI) Approve or disapprove a student's completion of its course based upon met requirements; and (VII) Provide a certificate of completion to a student if the student has met the course requirements. SECTION 2. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 10, 2005, if adjournment sine die is on May 11, 2005); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. (2) This act shall apply to driving permits applied for on or after the applicable effective date of this act.