The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5291 April 12, 1978 SCHOOLS & SCHOOL DISTRICTS: Driver education courses MOTOR VEHICLES: Driver education courses Local school districts are required to offer driver education courses. These courses must be offered at a time which will allow persons to qualify for an unrestricted operator's license; since they are eligible to receive an unrestricted operator's license at age 16, the course must be offered to them before they achieve that age. Dr. John W. Porter Superintendent of Public Instruction Department of Education Lansing, Michigan 48933 You have requested my opinion as to what age a student must be when a driver education course is offered to that student. The motor vehicle code, 1949 PA 300, MCLA 257.1 et seq; MSA 9.1801 et seq, provides for the licensing and control of motor vehicle operators and chauffeurs. 1949 PA 300, supra, Sec. 811(f) provides in part: 'Notwithstanding sections 301, 303, 306, and 308, an operator's license shall not be issued to a person under 18 years of age unless that person successfully passes a driver education course and examination given by the public schools, nonpublic schools, or licensed driver training schools offering a course approved by the department of education as equivalent thereto . . . A driver education course shall be made available for a person under 18 years of age within a time as will enable that person to qualify for a license before the time that person is permitted by law to have a license.' 1949 PA 300, supra, Sec. 303 provides: 'The commissioner shall not recommend nor shall the department issue any license hereunder: '1. To any person, as an operator, who is under the age of 16 years, except that the department may issue a restricted license as hereinafter provided to any person who is at least 14 years of age.' Thus, persons who are 16 or 17 years of age may not obtain an operator's license unless they have successfully completed a driver education course and examination. Once a person reaches 18, he may receive an operator's license without taking a driver education course. OAG, 1961-1962, No 3656, p 407, (May 25, 1962), held that all public high school districts must include driver education courses in their curriculum. The Michigan Supreme Court in Traverse City School District v Attorney General, 384 Mich 390, 419; 185 NW2d 9, 21 (1971), stated: 'Drivers training, from a functional point of view, is also a general health and safety measure. The state interest in providing driving instructions to high school age youth is to enable neophyte drivers to safely handle an automobile in order to protect themselves and other citizens from injuries caused by actions of improperly trained drivers.' Inasmuch as persons are permitted by law to hold an unrestricted operator's license at age 16, provided they qualify by having successfully completed a driver education course, it is my opinion that local school districts are required to offer driver education courses so that persons may qualify for an unrestricted operator's license prior to attaining age 16. It is not necessary to offer the driver education course prior to the time that a person may obtain a restricted license, which is age 14. Frank J. Kelley Attorney General