HF 1601

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to drivers' licenses; establishing novice driver safety education program;
modifying provisions related to driver instruction permits and provisional drivers'
licenses; appropriating money; amending Minnesota Statutes 2006, sections
171.055, subdivision 2; 171.06, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.37] NOVICE DRIVER SAFETY EDUCATION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Established; administration; rules. new text end

new text begin A novice driver safety
education program is established. The commissioners of public safety and education
shall administer the program. The program must include training novice driver safety
instructors or developing a novice driver safety curriculum, or both.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation. new text end

new text begin (a) Money in the novice driver safety fund created by
section 171.06, subdivision 2c, is annually appropriated to the commissioner of public
safety to carry out the purposes of subdivision 1. The commissioner of public safety may
make grants from the fund to the commissioner of education at times and in amounts
the commissioner of public safety considers necessary to carry out the purposes of
subdivision 1.
new text end

new text begin (b) Of the money appropriated under paragraph (a), not more than five percent
may be expended to defray the administrative costs of carrying out the purposes of
subdivision 1.
new text end

Sec. 2.

Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read:

Subd. 2.

Use of provisional license.

(a) A provisional license holder may operate a
motor vehicle only when every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who violates this paragraph is
subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
for a moving violation as defined in section 171.04. The commissioner shall not record a
violation of this paragraph on a person's driving record.

(b) A provisional license holder may not operate a vehicle while communicating
over, or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion. The provisional license holder may assert
as an affirmative defense that the violation was made for the sole purpose of obtaining
emergency assistance to prevent a crime about to be committed, or in the reasonable
belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.

(c) new text begin A provisional license holder may not drive with more than two passengers
except when:
new text end

new text begin (1) accompanied by an immediate family member who is 21 years of age or older;
new text end

new text begin (2) accompanied by an adult who is 25 years of age or older; or
new text end

new text begin (3) the holder has in possession a signed statement from the holder's parent or
guardian authorizing the holder to operate a motor vehicle with more than two passengers.
new text end

new text begin (d) A provisional license holder may not drive between 12:00 a.m. and 5:00 a.m.
except when:
new text end

new text begin (1) accompanied by a parent or guardian;
new text end

new text begin (2) accompanied by a family member who is 21 years of age or older;
new text end

new text begin (3) accompanied by a designated adult who is 25 years of age or older; or
new text end

new text begin (4) the holder has in possession a signed statement from the holder's parent or
guardian authorizing the holder to operate a motor vehicle between 12:00 a.m. and 5:00
a.m.
new text end

new text begin (e) new text end If the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
than one conviction for a moving violation that is not crash related, the person may not be
issued a driver's license until 12 consecutive months have expired since the date of the
conviction or until the person reaches the age of 18 years, whichever occurs first.

Sec. 3.

Minnesota Statutes 2006, section 171.06, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Novice driver safety fund; instruction permit fee increased. new text end

new text begin (a) The
fee for the initial instruction permit is increased by $9. The additional fee must be paid
into the state treasury and credited as follows:
new text end

new text begin (1) $8 of the additional fee must be credited to the novice driver safety fund, which
is hereby created, provided that any fee receipts in excess of $500,000 in a fiscal year must
be credited 90 percent to the trunk highway fund and ten percent to the general fund, as
provided in section 171.26; and
new text end

new text begin (2) the remainder of the additional fee must be credited to the general fund.
new text end

new text begin (b) All application forms prepared by the commissioner for instruction permits must
clearly state the amount of the total fee that is dedicated to the novice driver safety fund.
new text end