Section 28.15.051. Instruction permits, temporary drivers' licenses, and special drivers' permits and licenses.

   (a) Except as provided in (b) of this section, a person who is at least 14 years of age may apply to the department for a noncommercial instruction permit. The department may, after the applicant has successfully passed all parts of the examination under AS 28.15.081 other than the driving test, issue to the applicant an instruction permit. The permit allows a person, while having the permit in the person's immediate possession, to drive a specified noncommercial type or class of motor vehicle on a highway or vehicular way or area for a period not to exceed two years. The permittee shall be accompanied by a person at least 21 years of age who has been licensed at least one year to drive the type or class of vehicle being used, who is capable of exercising control over the vehicle and who occupies a seat beside the driver, or who accompanies and immediately supervises the driver when the permittee drives a motorcycle. An instruction permit may be renewed one time. Once a license is issued to drive a specified type or class of motor vehicle, a driver is not eligible to obtain an instructional permit for that specified type or class of motor vehicle unless five years have passed since the expiration of the license.
   (b) The department, upon receiving proper application, may issue a restricted instruction permit effective for a school year or for a more restricted period to an applicant who is at least 14 years of age and who is enrolled in a driver education program that includes practice driving and is approved by the department.  The restricted instruction permit allows the permittee, when the permittee has the permit in the permittee's immediate possession, to drive a specified type or class of motor vehicle; however, an approved instructor must occupy a seat beside the permittee or, if the permittee is driving a motorcycle, the permittee must be accompanied by and under the immediate supervision of an approved instructor.
   (c) The department may issue a temporary driver's license to an applicant for a driver's license permitting the applicant to drive a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's eligibility to receive a driver's license. The temporary license must be in the applicant's immediate possession while the applicant is driving a motor vehicle. A temporary driver's license is invalid when the applicant's license has been issued or has been refused for good cause.
   (d) The department may issue a special driver's permit to a person who is at least 14 years of age with the consent of the person's parents, guardians, or spouse who is 18 years of age or older,  for the purpose of driving a motor-driven cycle. This permit may be issued upon application and successful completion of all prescribed tests and fees, and is valid for the same period of time as a driver's license.  The permit is not valid in a municipality that by ordinance prohibits the driving of a motor-driven cycle by a person under the age of 16 years; a borough may adopt the ordinance on a nonareawide basis only, unless the power to adopt it on an areawide basis is acquired under AS 29.35.300  - 29.35.330 or former AS 29.33.250 -  29.33.290.
   (e) Notwithstanding other provisions of this chapter, the department may issue a special driver's license to a person who is under the age of 16 years because of the circumstances of hardship. Special licenses to be issued because of hardship shall be determined on an individual basis by the commissioner.
   (f) A person who is at least 18 years of age may apply to the department for a commercial instruction permit. The department may, after the applicant has successfully passed all parts of the examination under AS 28.15.081 other than the driving test, issue to the applicant a commercial instruction permit. The permit allows a person, while having the permit in the person's immediate possession, to drive a specified commercial type or class of motor vehicle on a highway or vehicular way or area for a period not to exceed 180 days. The permittee shall be accompanied by a person at least 21 years of age who has been licensed at least one year to drive the type or class of vehicle being used, who is capable of exercising control over the wheel, and who occupies a seat beside the driver. A commercial instruction permit may be renewed one time for a period of 180 days. Once a license is issued to drive a specified type or class of motor vehicle, a driver is not eligible to obtain a commercial instructional permit for that specified type or class of motor vehicle unless
        (1) five years have passed since the expiration of the previous license; or
        (2) the commercial instruction permit is obtained for the purpose of adding an endorsement to a current class of commercial license.

Authorities

28.15.031;28.15.055;28.15.057

Notes

Implemented As

2 AAC 90.220
2 AAC 90.225
2 AAC 90.250
2 AAC 90.455
2 AAC 90.490

References

17 AAC 25.210
2 AAC 90.210
2 AAC 90.220
2 AAC 90.490
2 AAC 91.080
AS 28.15.031 Persons not to be licensed.
AS 28.15.055 Provisional driver's license.
AS 28.15.057 Restrictions on driver's license issued to a person under 18.

History

(Sec. 19 ch 178 SLA 1978; am Sec. 50 ch 74 SLA 1985; am Sec. 10 ch 60 SLA 1986; am Sec. 2 ch 93 SLA 1998; am Sec. 7 ch 23 SLA 2007; am Sec. 9, 10 ch 80 SLA 2014)