Section 32-6-7.2 - Restrictions on issuance to persons under 18 years of age(a) A person who is under the age of 18 may not apply for a Stage II restricted regular driver's license until the person has held a Stage I learner's license issued pursuant to Section 32-6-8 or a comparable license issued by another state for at least a six-month period.(b) In addition to any other requirements of this chapter, if the applicant for a driver's license is 16 years of age, he or she shall submit to the Department of Public Safety the following:(1) A verification form provided by the Department of Public Safety signed by a parent or legal guardian, or a grandparent with the consent of a parent or legal guardian, consenting to the licensure of the applicant.(2) A verification form provided by the Department of Public Safety signed by a parent, legal guardian, a grandparent with the consent of a parent or legal guardian, or a licensed or certified driving instructor, certifying that the applicant has completed a minimum of 50 hours of behind-the-wheel driving practice, or submission of a certificate of completion from the State Department of Education that the applicant has passed a driver's education course approved by the State Department of Education. This subdivision shall not be construed to require a course sanctioned by the State Department of Education to include the 50-hour requirement for behind-the-wheel driving practice.
(c) A person who is issued a regular driver's license who is age 17 and has been licensed for less than six months or who is age 16 shall be deemed to have a Stage II restricted driver's license. The person may not operate a vehicle under any of the following conditions: (1) Between 12:00 o'clock midnight and 6:00 o'clock a.m. unless one of the following exceptions applies: a. The licensee is accompanied by a parent or legal guardian.b. The licensee is accompanied by a person who is a licensed driver and is at least 21 years of age or the consent of a parent or legal guardian of the driver is given.c. The licensee is driving to or from a place where the licensee is employed or works.d. The licensee is driving to or from a school sponsored event.e. The licensee is driving to or from an event sponsored by a religious organization.f. The licensee is driving for the purpose of a medical, fire, or law enforcement related emergency.g. The licensee is driving to or from a place where the licensee participates in hunting or fishing activities. In order for this particular exception to apply, the licensee must have in his or her immediate possession a valid hunting or fishing license for the activity.(2) If there is more than one passenger in the vehicle not including the parents, legal guardians of the licensee, accompanying family members, or a licensed driver who is at least 21 years of age.(3) While operating any handheld communication device that is nonessential to the functioning of the vehicle.(d) A violation of subsection (c) shall not result in a suspension of the person's driver's license, but shall extend the time period for six months that the person is subject to the restrictions of subsection (c) before the person is eligible to be designated as an unrestricted driver's license holder or until age 18.(e) The driver's license of any person who is driving with restricted privileges as provided in subsection (c) who during such time is convicted of a second moving traffic violation or is convicted of failure to give information or render aid, racing, fleeing or attempting to elude a law enforcement officer, reckless driving, illegal passing, driving on the wrong side of the road, or any other offense where four or more points are assessed and other violations as designated by rules or regulations promulgated pursuant to the Administrative Procedure Act, shall be automatically suspended for 60 days unless the Alabama Rules of the Road provide a more serious penalty, and the time period that the licensee is subject to the restrictions of subsection (c) shall be extended for six months from the date the person would otherwise be eligible to be designated as an unrestricted driver's license holder or until age 18.(f) The license possessed by any resident of this state who is 17 years of age shall be deemed a Stage III unrestricted driver's license if the license has been issued for a period of six months or longer and the Department of Public Safety verifies that the license holder has not been convicted of a moving violation of the Alabama Rules of the Road within the preceding six months.(g) This section shall not apply to the following: (1) Any resident of this state age 16 years and over who is married or who is the head of a household.(2) Any resident who has otherwise been legally relieved of minority.(3) Any resident who is age 18 or over.(h)(1) A person who drives a motor vehicle in violation of the conditions imposed in subsection (c) shall be guilty of a traffic violation and shall be subject to the following penalties and court costs: a. For a first offense, the person shall be required to attend defensive driving school.b. For a second or subsequent offense, the privileges of the Stage II license shall be suspended and the person shall be required to revert to a Stage I learner's permit for a period of six months prior to eligibility to reapply for a Stage II license.c. The person shall be subject to a fine of not less than one hundred fifty dollars ($150) and not exceeding three hundred fifty dollars ($350), plus court costs.d. A conviction under this subsection shall be entered on the driving record of any individual charged under this subsection as a two-point violation.(2) Upon a second or subsequent offense, a parent or legal guardian who knowingly allows his or her child or ward with a Stage I or Stage II license to drive a motor vehicle in violation of the applicable restrictions of the license may be subject to a fine of not less than one hundred fifty dollars ($150) and not exceeding three hundred fifty dollars ($350), plus court costs.(i) The Department of Public Safety may promulgate reasonable rules and regulations to carry out and to aid in enforcement of this section and Sections 32-6-7.3 and 32-6-8.(j) As used in this section, the following words shall have the following meanings: (1) STAGE I. A learner's permit.(2) STAGE II. A regular driver's license with restrictions based on age and the date of issuance.(3) STAGE III. An unrestricted driver's license.Ala. Code § 32-6-7.2 (1975)
Amended by Act 2017-358,§ 2, eff. 8/1/2017.Amended by Act 2017-442,§ 1, eff. 5/26/2017.Amended by Act 2015SP1-516,§ 1, eff. 11/1/2015.Act 2002-408, p. 1026, §2; Act 2009-714, p. 2101, § 1; Act 2010-735, p. 1850, §§ 1, 2.