Section 2.90.420. Application for driver's license.

	(a)  An application for a driver's license must be made on the form prescribed and provided by the department. The application will include questions concerning the applicant's eligibility for a license, including the existence of a physical or mental disability that may impair the ability of the applicant to operate a motor vehicle safely. If the applicant's answers to these questions indicate the existence of a physical or mental disability that may affect the safe operation of a motor vehicle by the applicant, the department may require an examination of the applicant by a licensed physician, psychiatrist, optometrist, or other competent medical authority before issuance of a driver's license. The expense of the examination must be paid by the applicant. The results of an examination within the previous six months meets the requirement of this subsection, unless the condition began or changed since that examination was conducted. If the applicant seeks a commercial driver's license, a valid medical certificate is required in accordance with 49 C.F.R. 383.71, adopted by reference in 2 AAC 90.250.  
	(b)  An applicant for an original driver's license must furnish valid documentary proof of the applicant's date of birth, and one form of identification to verify the applicant's full legal name. The form of identification for proof of date of birth and full legal name must consist of one of the following:  
		(1) a certified original or certified copy of the applicant's United States birth certificate;  
		(2) a United States passport or passport card issued by the United States Department of State;  
		(3) a foreign passport with the appropriate Immigration Status forms, issued by the United States Department of Homeland Security, United States Citizenship and Immigration Service;  
		(4) a resident alien, temporary resident alien, or employment work authorization document issued by the United States Department of Homeland Security, United States Citizenship and Immigration Service;  
		(5) a United States armed forces active duty, retiree, or reservist identification;  
		(6) other evidence of comparable validity; in this paragraph, "evidence of comparable validity" includes items such as a United States government issued Consular Report of Birth Abroad or a court order.  
	(c)  An applicant must provide a second form of identification as verification of the primary document presented. If the applicant has had a name change, the applicant must also provide legal documentation, determined acceptable by the department, to verify the name change. An applicant must provide a translation to English of any document that is not written in English.  
	(d)  An applicant for an original, duplicate, or renewal of a driver's license or identification card who is eligible to be assigned a social security number must present the applicant's valid social security number for department verification with the information on file with the United States Social Security Administration database. If an applicant is ineligible to be assigned a social security number, the applicant must prove ineligibility by presenting documents that are issued by the United States Social Security Administration, the United States Department of Homeland Security, or other federal agencies or state or federal courts, and that demonstrate that the applicant is ineligible to be assigned a social security number.  
	(e)  An applicant for an original license must present documentation, acceptable to the department, that contains both the applicant's name and address of principal residence.  
	(f)  The department may require that the applicant surrender the applicant's previously issued driver's license to the department at the time of issuance or renewal of a driver's license.  
	(g)  If an applicant's driving privileges are under suspension or revocation in another jurisdiction, proof must be received from that jurisdiction showing that the suspension or revocation has terminated before issuance of a driver's license in this state.  
	(h)  An applicant for an original license, or renewal of a license that has expired for more than one year, must take the vision and knowledge tests. Unless the applicant is eligible for a waiver under (j), (l), or (n) of this section, a road test must be taken by an applicant for an original license, to remove an off highway restriction, or by an applicant whose previous license was expired, suspended, revoked, or cancelled. A test will be conducted as follows:  
		(1) the vision test will be conducted each time the applicant applies for a driver's license;  
		(2) the knowledge test will be conducted when the applicant applies for a driver's license; if the applicant does not pass the knowledge test the first time, the applicant may retake the test the following day; if the applicant does not pass the second, third, and subsequent tests, the department may continue to allow the applicant to retake the test once per day until the applicant passes the test; the following standards apply to the use of aids in taking the knowledge test:  
			(A) an applicant for a driver's license who has difficulty reading may have another person read the test questions orally to the applicant; an applicant for a non-commercial driver's license who does not comprehend the English language may have another person translate and read the test questions orally to the applicant; a reader may not aid an applicant in answering or attempting to answer the test questions; a reader who assists an applicant with determining the correct answers to the test questions will be disqualified from acting as a reader for a minimum of six months;  
			(B) an applicant may not use a cell phone, text messaging, crib notes, hand signals, the driver's manual, or other types of assistance while taking the knowledge test; an applicant who uses a reader that is disqualified under (A) of this paragraph or uses other aids to determine the correct answers to the test questions will be disqualified from testing for seven days;  
		(3) the department may conduct the first road test when the applicant satisfactorily meets all other requirements; a second road test will be conducted at least one week after the first test if the department determines it is necessary; further testing will be at the department's discretion and the department may require proof that additional driver training has been completed; the department will not refund a road test fee if the applicant cancels an appointment for a road test later than 72 hours before the time scheduled for the test, fails to appear for the scheduled road test, fails the road test due to an unsafe vehicle, carries improper registration, or lacks proof of insurance for the vehicle being used for testing.  
	(i)  An applicant for renewal of a driver's license must take the vision test unless renewing under AS 28.15.101(c), and must meet requirements set out in 2 AAC 90.440(f).  
	(j)  The department will waive the road test requirement of this section for an applicant for an original or renewal of a driver's license if the  
		(1) applicant previously possessed the same class of driver's license under AS 28.15.041 or a similar statute of another state or territory of the United States or a province of Canada; and  
		(2) driver's license was expired, suspended, revoked, disqualified, or cancelled for less than five years from the current date of application.  
	(k)  The department may waive the motorcycle skills test for an applicant who submits to the department proof of the applicant's successful completion of a Motorcycle Safety Foundation Course.  
	(l)  The department will waive the road test, permit, and provisional requirements in this section for a Class R license.  
	(m)  An applicant for an identification card must provide the same documentary evidence as required in (a) - (f) of this section.  
	(n)  An applicant with military commercial motor vehicle experience who seeks a commercial driver's license may request, in accordance with 49 C.F.R. 383.77, adopted by reference in 2 AAC 90.250, a waiver from a skills test required under 49 C.F.R. 383.113, adopted by reference in 2 AAC 90.250, or from a skills test required under this chapter.  
	(o)  Successful knowledge test and road test results are valid for one year, except if the department determines that a road test is necessary as part of re-examination under 2 AAC 90.450.  
	(p)  An applicant seeking to have a veteran designation under AS 18.65.310(l) or AS 28.15.111(c) added to the applicant's driver's license or identification card must present  
		(1) a true and correct copy of a certificate of release or discharge from active duty on United States Department of Defense form DD-214 or DD-215;  
		(2) a true and correct copy of a report of separation and record of service on United States National Guard Bureau form NGB-22;  
		(3) a letter signed by a representative of the United States Department of Veterans Affairs identifying the applicant as a retired veteran or a veteran who was discharged under honorable conditions; or  
		(4) a valid military identification card identifying the applicant as a retired veteran or a veteran who was discharged under honorable conditions.  
	(q)  If the applicant seeks reinstatement of a driver's license that was limited, suspended, or revoked under AS 28.15,  the proof of financial responsibility required under AS 28.15.211(e) and AS 28.20  may not be dated earlier than 30 days before the date of reinstatement.  

Authorities

18.65.310;28.05.011;28.15.041;28.15.081;28.15.111;28.15.211

Notes

Reference

2 AAC 90.220
2 AAC 90.435
2 AAC 90.480
2 AAC 90.490

Authority

AS 18.65.310 AS 28.05.011 AS 28.15.041 AS 28.15.081 AS 28.15.111 AS 28.15.211

History

Eff. 7/1/2006, Register 178; am 1/1/2011, Register 196; am 6/27/2014, Register 210