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RULE §15.28Learner, Provisional and Hardship License Requirements

A driver license applicant who is younger than 18 years of age must, in addition to all other requirements as described in this section, including the application fee, meet the following requirements for issuance of each type of minor driver license.

  (1) Learner License.

    (A) A learner license applicant must appear at a driver license office and submit:

      (i) a high school diploma or the equivalent, acceptable certification of a high school completion course/GED enrollment and attendance, or a Verification of Enrollment (VOE) form or the equivalent;

      (ii) if previously licensed (including an instruction permit or learner license) in another state, the license from the other state or an executed department affidavit certifying the license was lost, stolen, or expired;

      (iii) completed FOR LEARNER LICENSE ONLY portion of the Texas Driver Education Certificate; and

      (iv) results for any examinations performed by a state-approved driver education provider.

    (B) A learner license issued to an applicant who fails to complete the concurrent driver education classroom instruction will be canceled by the department.

  (2) Provisional License.

    (A) A provisional license applicant must submit:

      (i) the applicant's learner license;

      (ii) completed Texas Driver Education Certificate;

      (iii) proof of liability insurance if the applicant owns a vehicle;

      (iv) if not presented for learner license issuance, proof of high school completion, enrollment and attendance in a completion program, VOE or the equivalent;

      (v) if the skills examination is performed at the driver license office, valid motor vehicle registration and inspection for the vehicle that will be used for the examination;

      (vi) if previously licensed (including and instruction permit or learner license) in another state, the license from the other state or an executed department affidavit certifying the license was lost, stolen, or expired; and

      (vii) if not already included as part of the driver license record, an applicant must appear in person at a driver license office and present a completed "Application for a Texas Driver License or Identification Card" and all documents required to obtain a Texas driver license as described in Subchapter B of this chapter.

  (3) Hardship License.

    (A) An applicant for a hardship driver license, also known as a minor's restricted driver license, in addition to meeting all application requirements, must complete all components of a state-approved driver education course, pass the skills examination, meet the requirements of Texas Transportation Code, §521.223, and provide evidence of hardship.

    (B) The hardship license application must be executed by an authorized adult on behalf of a minor, with the adult and minor signing the form and presenting it in person at a driver license office. Hardship requirements, including examinations, cannot be conducted by a driver education school or authorized entity.

    (C) Only a parent, guardian, or person having custody of a minor may make application on behalf of the minor applicant. If the minor has no parent, guardian, or custodian, then an employer or county judge may apply.

    (D) The department may require additional evidence or conduct an investigation to confirm information furnished on any application for a hardship driver license.

    (E) Any restriction approved on the hardship driver license application by the department or by court order, and found by the department to be necessary and not in conflict with the original authorization or court order, must be added to the license. Restrictions will normally be the time frame and area necessary to relieve a hardship or emergency.

    (F) Types of hardship that may qualify a person for a hardship license are:

      (i) Unusual economic hardship. Applicants who meet and provide acceptable evidence of the following criteria will be considered for licensing under Texas Transportation Code, §521.223(a)(1):

        (I) married and maintains a separate household apart from the parent or guardian;

        (II) head of a household other than as a married person;

        (III) has dependent children and must drive to ensure the welfare of the children;

        (IV) only person in the household eligible for a driver license;

        (V) only person in the household eligible for a driver license, other than the head of the household and that person is absent from the residence for sustained periods of time due to work necessitating licensing of the applicant to sustain the household;

        (VI) attends school and must work to provide basic necessities and other means of transportation are not available without causing other family members to be absent from work;

        (VII) requires transportation to and from school and a school bus or public transportation is not available. Travel to participate in school activities such as sports, band or other extracurricular activities is not sufficient reason to establish unusual economic hardship; and

        (VIII) must drive in order to assist in essential farming or ranching activity, which is the primary source of family income.

      (ii) Illness, sickness, or disability of a family member. A signed statement from the attending physician attesting that the family member must not drive due to the condition/illness is required for license issuance under Texas Transportation Code, §521.223(a)(2).

      (iii) Enrollment in a career and technology or vocational education program requiring a driver license to participate. Certification from the school administration attesting the enrollment of the applicant in an approved career and technology education course recognized by the school for academic credit and that driving by the applicant is necessary to pursue such program is required for license issuance under Texas Transportation Code, §521.223(a)(3).

Source Note: The provisions of this §15.28 adopted to be effective May 19, 2021, 46 TexReg 3143

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