LAWS AFFECTING YOUR TX DRIVERS LICENSE
Graduated License Law (eff. 01/02)
PHASE I
• Students must be 15 years of age and complete a driver education course to receive a permit.
• Students must drive on the permit for 6 months.
• A licensed driver 21 years of age or older must accompany the student when driving on a permit.
PHASE II
• Student must be 16 years or older and have held a permit for 6 months to receive a class C license.
• Student will go to DPS and present driver education certificate showing completion of the course as well as their permit and a new VOE form. The student will take a driving skills exam at the DPS (if permit was issued on 09/01/09 or after).
• Student will receive a Class C license with restrictions for one year as follows:
- • No night driving between 12:00 midnight and 5:00am except for work, school related activities or medical emergency.
• No more than 1 passenger in the vehicle under 21 years of age who is not a family member.
• Students under 18 years of age, during the one year period following issuance of an original Class A, B, or C, may not operate a motor vehicle while using a wireless communication device (eff. 09/05).
- PHASE III
• After one year from date Class C license was issued, the above restrictions will no longer apply.
• The Provisional License (under 18) no longer expires annually but on the student’s 18th birthday.
The Driver Responsibility law (in House bill 3588) establishes a system that assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based on the type of offense and the time period in which the citation was received. For each conviction, DPS will assign points to a person’s license as follows:
- • Two points for a moving violation conviction in Texas or that of another state.
• Points will not be assigned for speeding less than 10% over the posted limit or seat belt convictions.
• Three points for a moving violation conviction in Texas or another state that resulted in a vehicle crash.
Points remain on the driver record for a period of three years. Additionally, a conviction that becomes final before September 1, 2003, will not apply to the assessment of points under the program. This program does not replace other administrative suspension, revocations or cancellation actions that result from these same convictions.
Driver surcharges
DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point.
Annual surcharges for certain convictions
Drivers who receive a conviction for DWI or a DWI-related offense, failure to maintain financial responsibility or driving while license invalid will pay an annual surcharge for a period of three years. No points are placed on driver records for these offenses because the fine is automatic on the first offense.
A first-time DWI results in a $1,000 surcharge, paid annually for three years. A second-time DWI results in a $1,500 surcharge, paid annually for three years. The charges are cumulative. For example a driver could pay $1,000 as a result of their first DWI and an additional $1,500 for their second DWI, paying a total of $2,500 annually.
A conviction for driving while license is invalid or failure to maintain financial responsibility results in a surcharge of $250, paid annually for three years. A driver who is convicted of driving without a valid license receives a $100 per year surcharge for three years.
The surcharge assessed for this program is in addition to other reinstatement fees required for other administrative actions.
Driver notification of surcharge and license revocation
DPS will notify the offending driver of the assessment of a surcharge on their license, via first-class mail. The notice will state the surcharge must be paid. Drivers who do not pay their surcharge within 30 days after the notice is sent will have their driving privileges revoked. The license will remain revoked until the person pays all surcharges and related costs, such as service/collection fees.
