(a) General rule.--A person who desires to obtain a driver's license or who desires to be licensed in a class for which the person is not already licensed shall apply to the department for the class or classes of license in which the person desires to be licensed. The department shall issue to each applicant a learner's permit which shall clearly identify the class of license applied for as provided in section 1504 (relating to classes of licenses).

(b) Learner must be accompanied.--A learner's permit entitles the person to whom it was issued to drive vehicles and combinations of vehicles of the class or classes specified, but only while the holder of the learner's permit is accompanied by and under the immediate supervision of a person who:

(1) is at least 21 years of age or, if the spouse of the learner's permit holder, is at least 18 years of age; or, if a parent, guardian or person in loco parentis of the learner's permit holder, is at least 18 years of age;

(2) is licensed to drive vehicles of the class then being driven by the holder of the learner's permit;

(3) is actually occupying a seat beside the holder of the learner's permit unless the vehicle is a motorcycle; and

(4) is not manifestly under the influence of alcohol or drugs to the degree that the person may endanger themselves or others.

(c) Operation of motorcycle.--A motorcycle learner's permit entitles the person to whom it is issued to operate a motorcycle only between sunrise and sunset and, except for a driver licensed to drive another class of vehicle, only while under the instruction and immediate supervision of a licensed motorcycle operator. Motorcycle learners shall not carry any passenger other than an instructor properly licensed to operate a motorcycle.

(d) Duration of permit.--

(1) A learner's permit shall be valid for a period of one year after date of issue, or until the holder of the permit has failed the examination as authorized in section 1508 (relating to examination of applicant for driver's license) three times within the one-year period.

(2) A person may reapply for a motorcycle learner's permit no more frequently than three times in a five-year period from when the person first applies. A motorcycle learner's permit is not renewable.

(e) Authorization to test for driver's license and junior driver's license.--A person with a learner's permit is authorized to take the examination for a regular or junior driver's license for the class of vehicle for which a permit is held. Before a person under the age of 18 years may take the examination for a junior driver's license, including a Class M license to operate a motorcycle, the minor must:

(1) Have held a learner's permit for that class of vehicle for a period of six months.

(2) Present to the department a certification form signed by the father, mother, guardian, person in loco parentis or spouse of a married minor stating that the minor applicant has:

(i) completed 65 hours of practical driving experience accompanied as required under subsection (b); and

(ii) except for a Class M license to operate a motorcycle, the 65 hours included no less than ten hours of nighttime driving and five hours of inclement weather driving.

(3) Have the certification form completed when the minor is ready for the licensing examination. The certification form shall be developed by the department and will be provided by the department when the original application for a learner's permit is processed. The department will make this form readily available through the mail or electronic means.

(4) For a Class M license to operate a motorcycle, present evidence of successful completion of the department-approved motorcycle safety course.

(f) Filing a false certification.--Any person who knowingly files a false certification commits a summary offense under section 6502 (relating to summary offenses).

(g) Liability.--Submission of a certification under subsection (e)(2) shall not subject the parent, guardian, person in loco parentis or spouse of a married minor to any liability based upon the certification.

(May 21, 1992, P.L.245, No.38, eff. 60 days; June 25, 1999, P.L.164, No.23, eff. 180 days; July 15, 2004, P.L.694, No.75, eff. 60 days; Oct. 25, 2011, P.L.334, No.81, eff. 60 days; July 2, 2012, P.L.735, No.84; Dec. 23, 2013, P.L.1251, No.126, eff. 60 days; Oct. 24, 2018, P.L.925, No.153, eff. 60 days)

2018 Amendment. Act 153 amended subsec. (b).

2013 Amendment. Act 126 amended subsec. (d).

2012 Amendment. Act 84 amended subsec. (e) and added subsec. (g), effective in 60 days as to subsec. (e) and 90 days as to the remainder of the section.

Cross References. Section 1505 is referred to in sections 1503, 1554, 1607 of this title.