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8-239. Instruction permits for persons 17 years of age and older; conditions and requirements. Any person who is at least 17 years of age may apply to the division for an instruction permit. The division may in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant while having such permit in such person's immediate possession to drive a passenger car upon the public highways for a period of one year subject to the restrictions herein contained. The one having the instruction permit may operate a passenger car at any time when accompanied by an adult who is at least 21 years of age, who is the holder of a valid commercial driver's license, class A, B or C driver's license, who has had at least one year of driving experience and who is occupying a seat beside the driver. Any person who is at least 17 years of age may apply for an instruction permit to operate a motorcycle either separate from or in conjunction with an instruction permit to operate a passenger car, and such permit shall entitle the permittee to operate a motorcycle if such person is accompanied by an adult who is at least 21 years of age, who is the holder of a valid class M driver's license, who has had at least one year of driving experience and who is riding a motorcycle in the general proximity of the permittee.

History: L. 1937, ch. 73, § 6; L. 1949, ch. 104, § 10; L. 1959, ch. 49, § 6; L. 1970, ch. 50, § 1; L. 1971, ch. 19, § 1; L. 1972, ch. 24, § 1; L. 1975, ch. 36, § 12; L. 1989, ch. 38, § 25; L. 1991, ch. 36, § 8; L. 1993, ch. 154, § 4; L. 1999, ch. 125, § 16; L. 2009, ch. 34, § 6; January 1, 2010.

Attorney General's Opinions:

Application of motor vehicle laws to all-terrain vehicles (ATV's); definitions; registration. 94-102.

CASE ANNOTATIONS

1. Applicant may not receive an instruction permit to operate a motor vehicle without first satisfying all examination requirements for license except for actual driving test; state may require medical certification as to ability to operate motor vehicle safely. Briggs v. Walker, 88 F. Supp. 2d 1196, 1200, 1202 (2000).


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