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NO. 9. AN ACT RELATING TO MOTORCYCLES.

(H.35)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 23 V.S.A. § 617(b) is amended to read:

(b) Notwithstanding the provisions of subsection (a) of this section, any licensed person may apply to the commissioner of motor vehicles for a learner's permit for the operation of a motorcycle in the form prescribed by the commissioner. After the applicant has successfully passed all parts of the motorcycle endorsement examination, other than a skill test, the commissioner may issue to the applicant a learner's permit which entitles the applicant, subject to section 615(a) of this title, to operate a motorcycle upon the public highways for a period of *[60]* 120 days from the date of issuance. A motorcycle learner's permit may be renewed only *[once]* twice. If during the original permit period and *[one renewal]* two renewals, the permittee has not *[taken]* successfully passed the skill test *[nor]* or the motorcycle rider training course, he or she may not obtain another motorcycle learner's permit for a period of 12 months from the expiration of the permit unless he or she has successfully completed the motorcycle rider training course. This section shall not affect section 602 of this title. The fee for the examination shall be $7.00.

Sec. 2. 23 V.S.A. § 617(f) is added to read:

(f) The commissioner may authorize motorcycle rider training instructors to administer either the motorcycle endorsement examination or the motorcycle skills test, or both. Upon successful completion of the examination or test, the instructor shall issue to the applicant either a temporary motorcycle learner permit or notice of motorcycle endorsement, as appropriate. The instructor shall immediately forward to the commissioner the application and fee together with such additional information as the commissioner may require.

Sec. 3. 23 V.S.A. § 731(b) is amended to read:

(b) It is the intent of the general assembly that revenue from fee increases specified in this act shall be used for administration of the motorcycle rider training program and expenses relating to the program including but not limited to instructor training, licensing improvement, alcohol and drug education, public awareness, a driver improvementprogram for motorcyclists, technical assistance, program promotion, and other motorcycle safety programs. Funds may also be used for reimbursement of *[organizations]* persons with course sites.

Sec. 4. 23 V.S.A. § 736 is amended to read:

§ 736. IMPLEMENTATION

After a date to be established by the commissioner in regulations, any applicant for a permit or an operator's license valid for operating a motorcycle, except a renewal applicant or an applicant who surrenders a valid motorcycle license issued by another state, shall successfully complete the rider training course established under this subchapter before taking the on-motorcycle portion of the license examination or, in his or her discretion, the commissioner may require any applicant to successfully complete an approved classroom training curriculum before a motorcycle learner permit or motorcycle endorsement may be issued. The department shall also exempt applicants who have successfully completed equivalent training courses in other states or provinces. The commissioner shall not implement *[this section]* the rider training course until the commissioner determines that the program can be operated effectively, and that there are adequate training vehicles, instructors, curriculum materials, training sites, and program funding to provide the training throughout the state to all those persons who desire or would be required to complete the course.

Sec. 5. EFFECTIVE DATE

This act shall take effect from passage except Sec. 1 which shall be retroactive to July 1, 1996 so that there is no break between the 120-day permits and 60-day permits. The commissioner shall not implement the classroom training curriculum required by 23 V.S.A. § 736 until the commissioner has prepared and submitted to the House and Senate Committees on Transportation, a report detailing the training to be provided, the number of hours and cost of the course and implementation schedule. The report shall be due by January 7, 1998.

Approved: May 6, 1997