§17B-2-5. Qualifications, issuance and fee for instruction permits.

(a) Any person who is at least 15 years of age may apply to the division for an instruction permit. However, any person who has not attained the age of 18 shall comply with the provisions of §17B-2-3a of this code. The division may, in its discretion, after the applicant has successfully passed all parts of the examination other than the road skills test, issue to the applicant an instruction permit which entitles the applicant while having the permit in his or her immediate possession to drive a motor vehicle upon the public highways when accompanied by a licensed driver of at least 21 years of age, a driver’s education or driving school instructor that is acting in an official capacity as an instructor, who is alert and unimpaired or a certified division license examiner acting in an official capacity as an examiner, who is occupying a seat beside the driver.

(1) Any instruction permit issued to a person under the age of 18 years shall be issued in accordance with the provisions of §17B-2-3a of this code.

(2) Any permit issued to a person who has reached the age of 18 years is valid for a period of six months. The fee for the instruction permit is $7.50 for one attempt. The Division of Motor Vehicles may adjust this fee every five years on September 1, based on the U. S. Department of Labor, Bureau of Labor Statistics most current Consumer Price Index: Provided, That an increase in such fee may not exceed 10 percent of the total fee amount in a single year.

(b) Any person 16 years of age or older may apply to the division for a motorcycle instruction permit. Any person under the age of 18 must have first completed the requirements for a level two intermediate driver’s license or a Class E driver’s license before being eligible for a motorcycle instruction permit.

The division may, in its discretion, after the applicant has successfully passed all parts of the motorcycle examination other than the driving test, and presented documentation of compliance with the provisions of §18-8-11 of this code, if applicable, issue to the applicant an instruction permit which entitles the applicant while having the permit in his or her immediate possession to drive a motorcycle upon the public streets or highways for a period of six months, during the daylight hours between sunrise and sunset only. A holder of a motorcycle instruction permit may not operate a motorcycle while carrying any passenger on the vehicle.

A motorcycle instruction permit is not renewable, but a qualified applicant may apply for a new permit. The fee for a motorcycle instruction permit is $5, which shall be paid into a special fund in the State Treasury known as the Motor Vehicle Fees Fund.