2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to drivers' licenses; modifying requirements 1.3 for operating motor vehicle by holder of provisional 1.4 license; amending Minnesota Statutes 2002, section 1.5 171.055, subdivision 2. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 171.055, 1.8 subdivision 2, is amended to read: 1.9 Subd. 2. [USE OF PROVISIONAL LICENSE.] (a) A provisional 1.10 license holder may operate a motor vehicle only when every 1.11 occupant under the age of 18 has a seat belt or child passenger 1.12 restraint system properly fastened. A person who violates this 1.13 paragraph is subject to a fine of $25. A peace officer may not 1.14 issue a citation for a violation of this paragraph unless the 1.15 officer lawfully stopped or detained the driver of the motor 1.16 vehicle for a moving violation as defined in section 171.04. 1.17 The commissioner shall not record a violation of this paragraph 1.18 on a person's driving record. 1.19 (b) During the first year after receiving the license, a 1.20 provisional license holder may not operate a motor vehicle: 1.21 (1) with more than one passenger under age 21, except for 1.22 immediate family members; or 1.23 (2) between the hours of midnight and 5:00 a.m. unless (i) 1.24 accompanied by a parent or guardian of the provisional license 1.25 holder, or (ii) carrying a written statement signed by a parent 2.1 or guardian of the provisional license holder that authorizes 2.2 the provisional license holder to operate a motor vehicle 2.3 between those hours on that specific date. 2.4 (c) If the holder of a provisional license during the 2.5 period of provisional licensing incurs (1) a conviction for a 2.6 violation of section 169A.20, 169A.33, 169A.35, or sections 2.7 169A.50 to 169A.53, (2) a conviction for a crash-related moving 2.8 violation, or (3) more than one conviction for a moving 2.9 violation that is not crash related, the person may not be 2.10 issued a driver's license until 12 consecutive months have 2.11 expired since the date of the conviction or until the person 2.12 reaches the age of 18 years, whichever occurs first.