§1311. Intermediate license
1. Restricted license. A person under 18 years of age who has been issued a driver's license may not:
A. Carry passengers other than immediate family members unless accompanied by a licensed operator who meets the requirements of section 1304, subsection 1, paragraph E. For the purpose of this paragraph, "immediate family member" includes the following when living with the immediate family:
(1) A foreign exchange student;
(2) A person who is under court-appointed guardianship of an immediate family member; and
(3) A child whose parent is deployed for military service and is under guardianship of an immediate family member as provided on a United States Department of Defense Armed Forces Family Care Plan, DA Form 5305 or its successor form.
For the purpose of this paragraph, "deployed for military service" means assigned to active military duty with the state military forces, as defined in Title 37-B, section 102, or the United States Armed Forces, including the National Guard and Reserves, whether pursuant to orders of the Governor or the President of the United States, when the duty assignment is in a combat theater, in an area where armed conflict is taking place or in an area away from a person's normal duty station; [2011, c. 13, §1 (AMD).]
B. Operate a motor vehicle between the hours of 12 a.m. and 5 a.m.; or [2003, c. 286, §4 (NEW).]
C. Operate a motor vehicle while using a handheld electronic device or mobile telephone.
For the purpose of this paragraph, the following terms have the following meanings.
(1) "Handheld electronic device" means any handheld electronic device that is not part of the operating equipment of the motor vehicle, including but not limited to an electronic game, device for sending or receiving electronic mail, text messaging device or computer.
(2) "Mobile telephone" means a device used to access a wireless telephone service.
(3) "Operate" means driving a motor vehicle on a public way with the motor running, including while temporarily stationary because of traffic, a traffic light or a stop sign or otherwise stationary. "Operate" does not include operating a motor vehicle with or without the motor running when the operator has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary.
(4) "Using" means manipulating, talking into or otherwise interacting with a mobile telephone or handheld electronic device. [2015, c. 113, §2 (AMD).]
[ 2009, c. 10, §1 (AMD); 2015, c. 113, §2 (AMD) .]
2. Period of restrictions. Except as provided in section 2116 and subject to extension pursuant to subsection 3, the license restrictions in subsection 1 are in effect for a period of 270 days from license issuance. The period of license restrictions may extend beyond the person's 18th birthday.
[ 2011, c. 654, §3 (AMD) .]
3. Extension of restrictions. A person who is adjudicated for violating this section must have the license restrictions in subsection 1 extended for an additional period of 270 days. The additional period of license restrictions may extend beyond the person's 18th birthday. Any violation of the license restrictions during the period of this extension must result in a further extension of the license restrictions pursuant to this section.
[ 2011, c. 654, §4 (AMD) .]
3-A. Restricted license decal. Before issuing a license under this section, the Secretary of State shall make available to the licensee a set of 2 decals to place in the motor vehicle driven by the licensee that indicates that the driver of the motor vehicle may be a holder of an intermediate license. Notwithstanding section 2082, a motor vehicle operated by a person who has been issued a driver's license under this section may display a set of 2 decals, one located on the rear window and one located in the upper left-hand corner of the front windshield, that indicates that the driver of the motor vehicle may be a holder of an intermediate license under this section. The design of the decal must be approved by the Chief of the State Police in consultation with the Secretary of State. The decals may not be larger than 3 inches by 3 inches and may not be placed in a manner that obstructs the operator's view of the roadway.
The Secretary of State shall begin issuing restricted license decals in accordance with this subsection no later than October 1, 2015.
[ 2015, c. 113, §3 (NEW) .]
4. Penalty. A person who violates this section commits a traffic infraction for which a fine of not less than $250 and not more than $500 may be adjudged.
[ 2011, c. 654, §5 (AMD) .]
5. Suspension of license. The Secretary of State shall suspend without right to a hearing the license of a person adjudicated for violating this section:
A. For 60 days on the first offense; [2011, c. 654, §6 (NEW).]
B. For 180 days on the 2nd offense; and [2011, c. 654, §6 (NEW).]
C. For one year on the 3rd or subsequent offense. [2011, c. 654, §6 (NEW).]
[ 2011, c. 654, §6 (NEW) .]
2003, c. 286, §4 (NEW). 2009, c. 10, §1 (AMD). 2011, c. 13, §1 (AMD). 2011, c. 556, §9 (AMD). 2011, c. 654, §§3-6 (AMD). 2015, c. 113, §§2, 3 (AMD).