(a) (1) Any person who is at least fourteen (14) years of age may apply to the Office of Motor Vehicle for an instruction permit.
(2) After the applicant has successfully passed all parts of the examination other than the driving test, the office may, in its discretion, issue to the applicant an instruction permit which shall entitle the applicant while having the permit in his or her immediate possession to drive a motor vehicle upon the public highways for a period of six (6) months when accompanied by a licensed driver who is at least twenty-one (21) years of age and who is occupying a seat beside the driver, except in the event that the permittee is operating a motorcycle.
(3) Any instruction permit may be renewed or a new permit issued for an additional period of six (6) months as long as the permittee has remained free of a serious accident and conviction of a serious traffic violation for at least the last six (6) months.
(4) Any passengers riding in the motor vehicle while a permittee is driving shall wear seat belts at all times.
(b) (1) The office, upon receiving proper application may, in its discretion, issue a restricted instruction permit effective for a school year or a more restricted permit to an applicant who is enrolled in a driver education program which includes practice driving and which is approved by the office even though the applicant has not reached the legal age to be eligible for a noncommercial license.
(2) The instruction permit shall entitle the permittee when he or she has the permit in his or her immediate possession to operate a motor vehicle only on a designated highway or within a designated area but only when an approved instructor is occupying a seat beside the permittee.
History. Acts 1937, No. 280, § 11; Pope's Dig., § 6835; Acts 1959, No. 307, § 14; A.S.A. 1947, § 75-310; Acts 1993, No. 445, § 20; 1997, No. 478, § 1; 1999, No. 25, § 2; 2001, No. 1694, § 6.
A.C.R.C. Notes. Acts 2001, No. 1694, § 9, provided:
“This act shall be effective July 1, 2002.”
Publisher's Notes. Prior to the 2001 amendment, subdivision (a)(2) contained the phrase “eighteen (18) years of age or older” after the phrase “accompanied by a licensed driver.” The omitted language was neither set out in nor specifically deleted from Acts 2001, No. 1694, § 6.
Amendments. The 1999 amendment substituted “six (6) months” for “sixty (60) days” in (a)(2); substituted “six (6) months” for “ninety (90) days” in (a)(3); and made stylistic changes.
The 2001 amendment substituted “Office of Motor Vehicle” for “office” in (a)(1); substituted “is at least twenty-one (21) years of age” for “has had at least one (1) year of driving experience” in (a)(2); added “as long as the permittee six (6) months” in (a)(3); added (a)(4); and made minor stylistic changes.
Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.
Case Notes
Cited: Boyd v. Connell, 293 Ark. 531, 739 S.W.2d 536 (1987).