§402.1. Driver education; required

            A. No application for a license for the operation of a motor vehicle shall be received from any person making application for the first time unless there is also submitted with the application, on a form approved by the secretary of the Department of Public Safety and Corrections, public safety services, written evidence of the successful completion by the applicant of one of the following:

            (1)(a) A "driver education course" for any person under the age of eighteen, which shall consist of not less than eight hours of actual driving instruction and thirty hours of classroom instruction. A person shall not be allowed to receive more than four hours of actual driving instruction on any single calendar day. The Department of Public Safety and Corrections, public safety services, shall establish rules and regulations to administer and define the requirements of the course. The rules and regulations established by the Department of Public Safety and Corrections, public safety services, shall provide for instruction relative to trailer safety, to the economic effects of littering, to accessible parking and access aisles, and to appropriate driver conduct when stopped by a law enforcement officer. Oversight review of these rules shall be conducted by the House and Senate committees on transportation, highways and public works in accordance with the Administrative Procedure Act.

            (b) Upon completion of the required supervised driving practice pursuant to R.S.

32:405.1 and 407, a properly licensed and contracted third-party tester may administer the on-road driving skills test to the student. Upon successful completion, such third-party tester shall provide the student with a department approved certificate of successful completion in a sealed envelope to be delivered to the department.

            (2) A "prelicensing training course" from any person eighteen years or older if a driver education course is not completed. The prelicensing training course shall consist of a minimum of six hours of classroom instruction and a minimum of eight hours of actual driving instruction. A person shall not be allowed to receive more than four hours of actual driving instruction on any single calendar day. The Department of Public Safety and Corrections, public safety services, shall establish rules and regulations to administer and define the requirements of the course. Oversight review of these rules shall be conducted by the House and Senate committees on transportation, highways and public works in accordance with the Administrative Procedure Act. The rules shall provide for:

            (a) Licensing or contractual requirements for third-party training schools and high school instructors.

            (b) Course content and presentation, including content relative to trailer safety, to the economic effects of littering, to accessible parking and access aisles, and to appropriate driver conduct when stopped by a law enforcement officer.

            (c) Instructor qualifications and certification.

            (d) Classroom size and facilities.

            (e) Certificates of completion.

            (f) Required records and reporting.

            (g) Penalties for noncompliance of the mandatory instructional and driving requirements and penalties for the falsification of documents and certificates.

            (h) Repealed by Acts 2011, No. 294, §6.

            (3) Foreign nationals in Louisiana under an H-2A visa who possess a valid foreign driver's license are exempt from prelicensing training course and driver's education course requirements.

            B. The Department of Public Safety and Corrections, public safety services, shall establish a portion of the "driver education course" and "prelicensing training course" relative to the economic and adverse effects of littering in conjunction with Keep Louisiana Beautiful, Inc.

            C. The Department of Public Safety and Corrections, public safety services, shall establish and implement a portion of the "driver education course" and "prelicensing training course" relative to managing a routine traffic stop. The department shall establish rules and regulations to administer and define the requirements within the course. The curriculum shall be developed considering the actions of officers, the drivers and occupants, the number of occupants, the time and reason for the stop, the location of the stop, and any other circumstance surrounding the stop. At a minimum, the course shall include the following:

            (1) Instruction concerning law enforcement procedures for traffic stops.

            (2) Instruction on the importance of officers, drivers, and passengers maintaining integrity and respect during traffic stops.

            (3) Demonstrations of appropriate interactions with law enforcement.

            (4) Demonstrations of the proper actions to be taken during traffic stops.

            D. No person under the age of fifteen shall be allowed to enroll or participate in the driving experience portion of any driver education course or driver training program. A person, no sooner than ninety days prior to his fifteenth birthday and who is in, at a minimum, grade eight, shall be permitted to participate in the classroom instruction component of a driver education course or driving program.

            E.(1) Any person who is at least of age to participate in the classroom instruction portion of a driver education course, driver training program, or a prelicensing training course shall apply to the department for a Class "E" temporary instructional permit prior to the administration of the knowledge test. The application for a Class "E" temporary instructional permit shall be in accordance with R.S. 32:409.1 and 410. The fee for a Class "E" temporary instructional permit shall be the same as the fee for a Class "E" driver's license. The Class "E" temporary instructional permit issued pursuant to this Section shall contain a highly visible distinctive color or restriction code that clearly indicates the permit has been issued for the purpose of on-road driving skills instruction with a Department of Public Safety and Corrections certified driving instructor.

            (2) A person shall be required to possess a Class "E" temporary instructional permit in order to participate in the administration of the knowledge test, operate a motor vehicle during on-road driving skills instruction, or participate in the administration of an on-road driving skills test.

            (3) A person with a Class "E" temporary instructional permit required by this Subsection is permitted to operate a motor vehicle on the public highways and streets of this state only when the permit holder is accompanied by an instructor of driver education and traffic safety, and while actually operating a motor vehicle during the behind-the-wheel instruction or during the administration of the skills test.

            (4) The holder of a Class "E" temporary instructional permit required by this Subsection shall be in possession of the permit during the period of its validity and such permit shall be presented for examination when so requested by any law enforcement officer or representative of the department.

            (5) Upon successful completion of a driver education course, driver training program, or prelicensing training course and the knowledge test, a person who is ineligible for a permanent license pursuant to R.S. 32:407, shall surrender a Class "E" temporary instructional permit issued pursuant to this Subsection to the department and apply for the issuance of a learner's license. The department shall not charge a fee for a learner's license issued in connection with the surrender of a Class "E" temporary instructional permit.

            (6) Upon successful completion of a driver education course, driver training program, or prelicensing training course, and the knowledge and on-road driving skills test, a person who is eligible for a permanent license pursuant to R.S. 32:407, shall surrender their Class "E" temporary instructional permit issued pursuant to this Section to the department and apply for the issuance of a permanent license. The department shall not charge a fee for a license issued in connection with the surrender of a Class "E" temporary instructional permit.

            (7) The Class "E" temporary instructional permit issued pursuant to this Subsection shall not be required for any person to enroll in a driver education course, driver training program, or prelicensing course administered in conjunction with a National Guard Youth Challenge Program. A person enrolled in a driver education course, driver training program, or prelicensing course administered in conjunction with a National Guard Youth Challenge Program may operate a motor vehicle on the public highways of this state without a Class "E" temporary instructional permit provided that such person is accompanied by an instructor of driver education and safety.

            (8)(a) In the event that the person applying for the temporary instructional permit has or has had his driving privileges suspended pursuant to R.S. 32:661 et seq., and the person is required to have an ignition interlock as a condition of reinstatement, then the temporary instructional permit may be issued for purposes of operating a motor vehicle during the behind-the-wheel portion of the driver education program or while administering the road skills test without an ignition interlock device being required.

            (b)(i) If the driving school instructor suspects that the person is impaired at the time he presents himself for the behind-the-wheel training or the administration of the road skills test, the driving school instructor shall not conduct the behind-the-wheel instruction or administer the road skills test, and the driving school instructor shall promptly report the incident to the office of motor vehicles.

            (ii) The office of motor vehicles shall promulgate such rules as are necessary to implement the provisions of this Subparagraph.

            (c) Neither the driving school instructor, nor the driving school utilizing the driving school instructor shall be liable in any manner to any person who is denied behind-the-wheel training pursuant to Subparagraph (b) of this Paragraph, except for any partial refund attributable to the behind-the-wheel portion of the training or the road skills test.

            F.(1) A driver education provider licensed pursuant to R.S. 40:1461 may provide all or part of the six-hour classroom instruction portion of an approved prelicensing training course required by Paragraph (A)(2) of this Section for persons eighteen or older by an alternative method of instruction that does not require students to be present in a traditional classroom if the Department of Public Safety and Corrections, public safety services, approves the alternative method. The Department of Public Safety and Corrections, public safety services, may approve the alternative method only if both of the following conditions are met:

            (a) The alternative method includes testing and security measures that the department determines are at least as secure as the measures available in the traditional classroom setting.

            (b) The six-hour classroom instruction portion of the prelicensing training course for persons eighteen years of age or older that is required by Paragraph (A)(2) of this Section with the use of the alternative method satisfies any other requirement applicable to a prelicensing training course in which the classroom instruction is taught to students in the traditional classroom setting.

            (2) No portion of the thirty-hour classroom instruction of the driver education course, required by Paragraph (A)(1) of this Section for persons under the age of eighteen shall be provided by an alternative method of instruction that does not require students to be present in a traditional classroom.

            (3) The Department of Public Safety and Corrections, public safety services, may establish rules and regulations as determined necessary to define the requirements for alternative methods of instruction for the prelicensing training course, which rules shall be subject to oversight review by the House and Senate committees on transportation, highways, and public works.

            Added by Acts 1968, No. 273, §7. Acts 1992, No. 246, §1, eff. July 1, 1993; Acts 1992, No. 382, §1, eff. July 1, 1993; Acts 1992, No. 1009, §1, eff. July 1, 1993; Acts 1993, No. 225, §1, eff. July 1, 1993; Acts 1997, No. 725, §1, eff. Jan. 1, 1998; Acts 1998, 1st Ex. Sess., No. 80, §2; Acts 2003, No. 312, §2; Acts 2004, No. 216, §2; Acts 2004, No. 439, §1; Acts 2008, No. 768, §2, eff. Jan. 1, 2009; Acts 2009, No. 275, §2, eff. Jan. 1, 2010; Acts 2010, No. 227, §1; Acts 2011, No. 294, §§2, 6; Acts 2011, No. 307, §1; Acts 2011, No. 317, §3, eff. Jan. 1, 2012; Acts 2012, No. 475, §1; Acts 2015, No. 369, §1; Acts 2016, No. 317, §1; Acts 2016, No. 336, §1; Acts 2017, No. 286, §1, eff. Jan. 1, 2018; Acts 2017, No. 334, §§1, 2; Acts 2017, No. 343, §1; Acts 2019, No. 295, §1; Acts 2020, No. 223, §1, eff. Jan. 1, 2021; Acts 2022, No. 181, §1.