HF 2063

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; modifying motor vehicle,
traffic regulation, and driver's license provisions
relating to commercial motor vehicles; making
technical and clarifying changes; modifying
definitions of recreational vehicle, motor home,
state, and tank vehicle; prohibiting issuance of
identification card to holder of driving instruction
permit; modifying driver's license classifications,
restrictions, exceptions, and exemptions; modifying
driver records provisions; incorporating federal
regulations; amending Minnesota Statutes 2004,
sections 168.011, subdivision 25; 169.01, subdivisions
75, 76; 169A.52, subdivision 3; 171.01, subdivisions
22, 35, 47, by adding a subdivision; 171.02; 171.03;
171.04, subdivision 2; 171.09; 171.12, subdivision 3;
171.165, subdivisions 1, 2, 6; proposing coding for
new law in Minnesota Statutes, chapter 171; repealing
Minnesota Statutes 2004, sections 169.99, subdivision
1b; 171.12, subdivision 6; 171.165, subdivisions 3, 4,
4a, 4b; Minnesota Rules, part 7503.2400.

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

Section 1.

Minnesota Statutes 2004, section 168.011,
subdivision 25, is amended to read:

Subd. 25.

Recreational deleted text begin equipment deleted text end new text begin vehicle new text end .

(a)
"Recreational deleted text begin equipment deleted text end new text begin vehicle new text end " means travel trailers including
those deleted text begin which deleted text end new text begin that new text end telescope or fold down, chassis-mounted
campers, deleted text begin house cars, deleted text end motor homes, tent trailers, deleted text begin slip-in
campers, deleted text end and converted buses that provide temporary human living
quarters. deleted text begin A
deleted text end

new text begin (b) "Recreational new text end vehicle new text begin " new text end is deleted text begin considered to provide
temporary living quarters if it deleted text end new text begin a vehicle that new text end :

(1) is not used as the residence of the owner or occupant;

(2) is used deleted text begin for temporary living quarters by the owner or
occupant deleted text end while engaged in recreational or vacation activities;
and

(3) is new text begin either new text end self-propelled or towed on the deleted text begin public streets
or deleted text end highways incidental to the recreational or vacation
activities.

deleted text begin (b) For the purposes of this subdivision, a deleted text end new text begin Subd. 25a.
new text end [MOTOR HOME.] new text begin " new text end Motor home new text begin " new text end means a deleted text begin unit deleted text end new text begin recreational vehicle
new text end designed to provide temporary living quarters deleted text begin , deleted text end new text begin . The motor home
has a living unit new text end built into as an integral part of, or
permanently attached to new text begin the chassis of new text end , a deleted text begin self-propelled deleted text end motor
vehicle deleted text begin chassis deleted text end or van.

new text begin (a) new text end A motor home must contain permanently installed new text begin ,
new text end independent new text begin , new text end life new text begin - new text end support systems deleted text begin which deleted text end new text begin that new text end meet the American
National Standards Institute standard number A119.2 for
recreational vehicles and provide at least four of the following
facilities, two of which must be from the systems listed in
clauses (1), (5), and (6): (1) new text begin a new text end cooking facility with liquid
propane gas supply, (2) new text begin a new text end refrigerator, (3) new text begin a new text end self-contained
toilet or a toilet connected to a plumbing system with new text begin a
new text end connection for external water disposal, (4) new text begin a new text end heating or air
conditioning new text begin system new text end separate from the new text begin motor new text end vehicle engine, (5)
a potable water supply system including a sink with new text begin a new text end faucet
either self-contained or with connections for an external
source, and (6) new text begin a new text end separate 110-125 deleted text begin volt deleted text end new text begin volts new text end electrical power
supply.

new text begin (b) new text end For purposes of this subdivision, "permanently
installed" means built into or attached as an integral part of a
chassis or van, and designed not to be removed except for repair
or replacement. A system deleted text begin which deleted text end new text begin that new text end is readily removable or
held in place by clamps or tie-downs is not permanently
installed.

(c) Motor homes include deleted text begin but are not limited to, the
following deleted text end new text begin a new text end :

(1) type A motor home deleted text begin - deleted text end new text begin , which is new text end a raw chassis upon which
is built a driver's compartment and an entire body that provides
temporary living quarters as deleted text begin defined deleted text end new text begin described new text end in deleted text begin this
deleted text end paragraph new text begin (a) new text end ;

(2) type B motor home deleted text begin - deleted text end new text begin , which is new text end a deleted text begin van-type vehicle deleted text end new text begin van
new text end that conforms to the deleted text begin motor home definition deleted text end new text begin description new text end in deleted text begin this
deleted text end paragraph new text begin (a) new text end and has been completed or altered by deleted text begin the deleted text end new text begin a
new text end final-stage manufacturer; and

(3) type C motor home deleted text begin - deleted text end new text begin , which is new text end an incomplete vehicle
upon which is permanently attached a body designed to provide
temporary living quarters as deleted text begin defined deleted text end new text begin described new text end in deleted text begin this
deleted text end paragraph new text begin (a) new text end .

(d) new text begin A motor vehicle with a new text end slip-in deleted text begin campers are deleted text end new text begin camper or
other removable equipment that is new text end mounted into new text begin or on new text end a new text begin motor
new text end vehicle deleted text begin commonly known as a pickup truck, in the pickup box,
either by bolting through the floor of the pickup box or by
firmly clamping to the side of the pickup box. The vehicle
may deleted text end new text begin is not a motor home, is not a recreational vehicle, and must
new text end not be registered as a recreational vehicle new text begin under section
168.013 new text end .

Sec. 2.

Minnesota Statutes 2004, section 169.01,
subdivision 75, is amended to read:

Subd. 75.

Commercial motor vehicle.

(a) "Commercial
motor vehicle" means a motor vehicle or combination of motor
vehicles used to transport passengers or property if the motor
vehicle:

(1) has a gross vehicle weight of more than 26,000 pounds;

(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;

(3) is a bus;

(4) is of any size and is used in the transportation of
hazardous materials deleted text begin , except for those vehicles having a gross
vehicle weight of 26,000 pounds or less while carrying in bulk
tanks a total of not more than 200 gallons of petroleum products
and liquid fertilizer deleted text end ; or

(5) is outwardly equipped and identified as a school bus,
except for type A-I and type III school buses as defined in
subdivision 6.

(b) For purposes of chapter 169A:

(1) a commercial motor vehicle does not include a farm
truck, deleted text begin fire-fighting equipment deleted text end new text begin an authorized emergency vehicle new text end ,
or new text begin a new text end recreational deleted text begin equipment deleted text end new text begin vehicle new text end being operated by a person
within the scope of section 171.02, subdivision 2, paragraph
(b); and

(2) a commercial motor vehicle includes a vehicle capable
of or designed to meet the standards described in paragraph (a),
clause (2), whether or not the towed unit is attached to the
truck-tractor at the time of the violation or stop.

Sec. 3.

Minnesota Statutes 2004, section 169.01,
subdivision 76, is amended to read:

Subd. 76.

Hazardous materials.

"Hazardous materials"
means those materials found to be hazardous for the purposes of
the federal Hazardous Materials Transportation Act and that
require the motor vehicle to be placarded under Code of Federal
Regulations, title 49, deleted text begin part 172, subpart F deleted text end new text begin parts 100-185 new text end .

Sec. 4.

Minnesota Statutes 2004, section 169A.52,
subdivision 3, is amended to read:

Subd. 3.

Test refusal; license revocation.

(a) Upon
certification by the peace officer that there existed probable
cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section
169A.20 (driving while impaired), and that the person refused to
submit to a test, the commissioner shall revoke the person's
license or permit to drive, or nonresident operating privilege,
for a period of one year even if a test was obtained pursuant to
this section after the person refused to submit to testing.

(b) Upon certification by the peace officer that there
existed probable cause to believe the person had been driving,
operating, or in physical control of a commercial motor vehicle
with the presence of any alcohol in violation of section 169A.20
(driving while impaired), and that the person refused to submit
to a test, the commissioner shall disqualify the person from
operating a commercial motor vehicle deleted text begin for a period of one year
under section 171.165 (commercial driver's license
disqualification) deleted text end and shall revoke the person's license or
permit to drive or nonresident operating privilege deleted text begin for a period
of one year deleted text end new text begin according to the federal regulations adopted by
reference in section 171.165, subdivision 2 new text end .

Sec. 5.

Minnesota Statutes 2004, section 171.01,
subdivision 22, is amended to read:

Subd. 22.

Commercial motor vehicle.

"Commercial motor
vehicle" means a motor vehicle or combination of motor vehicles
used to transport passengers or property if the motor vehicle:

(1) has a gross vehicle weight of more than 26,000 pounds;

(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;

(3) is a bus;

(4) is of any size and is used in the transportation of
hazardous materials deleted text begin , except for those vehicles having a gross
vehicle weight of 26,000 pounds or less and carrying in bulk
tanks a total of not more than 200 gallons of liquid fertilizer
and petroleum products deleted text end ; or

(5) is outwardly equipped and identified as a school bus,
except for new text begin type III new text end school buses defined in section 169.01,
subdivision 6, clause (5).

Sec. 6.

Minnesota Statutes 2004, section 171.01,
subdivision 35, is amended to read:

Subd. 35.

Hazardous materials.

"Hazardous materials"
means those materials found to be hazardous for the purposes of
the federal Hazardous Materials Transportation Act and that
require the motor vehicle to be placarded under Code of Federal
Regulations, title 49, deleted text begin part 172, subpart F deleted text end new text begin parts 100-185 new text end .

Sec. 7.

Minnesota Statutes 2004, section 171.01,
subdivision 47, is amended to read:

Subd. 47.

State.

"State" means deleted text begin any deleted text end new text begin a new text end state new text begin of the United
States new text end , deleted text begin territory or possession of the United States, deleted text end the
District of Columbia, deleted text begin the Commonwealth of deleted text end Puerto Rico deleted text begin or any
province of the Dominion of Canada deleted text end new text begin , the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States new text end .

Sec. 8.

Minnesota Statutes 2004, section 171.01, is
amended by adding a subdivision to read:

new text begin Subd. 48a. new text end

new text begin Tank vehicle. new text end

new text begin "Tank vehicle" means any
commercial motor vehicle that is designed to transport any
liquid or gaseous materials within a tank, as defined in Code of
Federal Regulations, title 49, section 178.320, including a
cargo tank or a portable tank as defined in Code of Federal
Regulations, title 49, section 171.8, that is either permanently
or temporarily attached to the vehicle or the chassis, except
portable tanks having a rated capacity under 1,000 gallons.
new text end

Sec. 9.

Minnesota Statutes 2004, section 171.02, is
amended to read:

171.02 LICENSES; TYPES, ENDORSEMENTS, RESTRICTIONS.

Subdivision 1.

License required.

Except when expressly
exempted, a person shall not drive a motor vehicle upon a street
or highway in this state unless the person has a license valid
under this chapter for the type or class of vehicle being
driven. The department shall not issue a driver's license to a
person unless and until the person's license from any
jurisdiction has been invalidated. The department shall provide
to the issuing department of any jurisdiction, information that
the licensee is now licensed in Minnesota. A person is not
permitted to have more than one valid driver's license at any
time. The department shall not issue to a person to whom a
current Minnesota identification card has been issued a driver's
license, other than deleted text begin an instruction permit or deleted text end a limited license,
unless the person's Minnesota identification card has been
invalidated.

Subd. 2. [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS,
EXEMPTIONS.] (a) Drivers' licenses deleted text begin shall be deleted text end new text begin are new text end classified
according to the types of vehicles deleted text begin which deleted text end new text begin that new text end may be driven by
the holder of each type or class of license. The commissioner
may, as appropriate, subdivide the classes listed in this
subdivision and issue licenses classified accordingly. Except
as provided in subdivision 2a, no class of license deleted text begin shall be deleted text end new text begin is
new text end valid to operate a motorcycle, school bus, tank vehicle,
double-trailer or triple-trailer combination, vehicle
transporting hazardous materials, or bus, unless so endorsed.

There deleted text begin shall be deleted text end new text begin are new text end four general classes of licenses as follows:

(b) Class D; valid for:

(1) operating all farm trucks deleted text begin operated by deleted text end new text begin if the farm truck
is:
new text end

(i) deleted text begin the owner, (ii) deleted text end new text begin controlled and operated by a farmer,
including operation by new text end an immediate family member deleted text begin of the owner,
(iii) deleted text end new text begin or new text end an employee of the deleted text begin owner not primarily employed to
operate the farm truck, within 150 miles of the farm, or deleted text end new text begin farmer;
new text end

new text begin (ii) used to transport agricultural products, farm
machinery, or farm supplies, to or from a farm;
new text end

new text begin (iii) not used in the operations of a common or contract
motor carrier as governed by Code of Federal Regulations, title
49, part 365; and
new text end

(iv) deleted text begin an employee of the owner employed during harvest to
operate the farm truck for the first, continuous transportation
of agricultural products from the production site or on-farm
storage site to any other location within 50 miles of that
site deleted text end new text begin used within 150 miles of the farm new text end ;

(2) operating deleted text begin fire trucks and emergency fire equipment deleted text end new text begin an
authorized emergency vehicle, as defined in section 169.01,
subdivision 5 new text end , whether or not in excess of 26,000 pounds gross
vehicle weight deleted text begin , operated by a firefighter while on duty, or a
tiller operator employed by a fire department who drives the
rear portion of a midmount aerial ladder truck deleted text end ;

(3) operating new text begin a new text end recreational deleted text begin equipment deleted text end new text begin vehicle new text end as defined
in section 168.011, subdivision 25, that is operated for
personal use;

(4) operating all single-unit vehicles except vehicles with
a gross vehicle weight of more than 26,000 pounds, vehicles
designed to carry more than 15 passengers including the driver,
and vehicles that carry hazardous materials; deleted text begin and
deleted text end

(5) notwithstanding paragraph (c), operating a type A
school bus without a school bus endorsement if:

(i) the bus has a gross vehicle weight of 10,000 pounds or
less;

(ii) the bus is designed to transport 15 or fewer
passengers, including the driver; and

(iii) the requirements of subdivision 2a deleted text begin , paragraph (b),
deleted text end are satisfied, as determined by the commissioner deleted text begin . deleted text end new text begin ; and
new text end

deleted text begin The holder of a class D license may also tow
deleted text end

new text begin (6) towing new text end vehicles if new text begin :
new text end

new text begin (i) the towed vehicles have a gross vehicle weight of
10,000 pounds or less; or
new text end

new text begin (ii) the towed vehicles have a gross vehicle weight of more
than 10,000 pounds and new text end the combination of vehicles has a gross
vehicle weight of 26,000 pounds or less.

(c) Class C; valid for:

(1) operating class D new text begin motor new text end vehicles;

(2) with a hazardous materials endorsement, transporting
hazardous materials in class D vehicles; and

(3) with a school bus endorsement, operating school buses
designed to transport 15 or fewer passengers, including the
driver.

(d) Class B; valid for operating all deleted text begin vehicles in deleted text end class C
new text begin motor vehicles new text end , class D new text begin motor vehicles new text end , and all other
single-unit new text begin motor new text end vehicles including, with a passenger
endorsement, buses. The holder of a class B license may tow
only vehicles with a gross vehicle weight of 10,000 pounds or
less.

(e) Class A; valid for operating any vehicle or combination
of vehicles.

Subd. 2a.

deleted text begin exceptions deleted text end new text begin exception for certain school bus
drivers new text end .

deleted text begin (a) Notwithstanding subdivision 2, (1) a hazardous
materials endorsement is not required to operate a vehicle
having a gross vehicle weight of 26,000 pounds or less while
carrying in bulk tanks a total of not more than 200 gallons of
petroleum products and (2) a class C license or hazardous
materials endorsement is not required to operate a farm vehicle
as defined in Code of Federal Regulations, title 49, section
390.5, having a gross vehicle weight of 26,000 pounds or less
while carrying in bulk tanks a total of not more than 1,500
gallons of liquid fertilizer.
deleted text end

deleted text begin (b) deleted text end Notwithstanding subdivision 2, paragraph (c), the
holder of a class D driver's license, without a school bus
endorsement, may operate a type A school bus described in
subdivision 2, paragraph (b), under the following conditions:

deleted text begin (1) deleted text end new text begin (a) new text end The operator is an employee of the entity that
owns, leases, or contracts for the school bus and is not solely
hired to provide transportation services under this deleted text begin paragraph
deleted text end new text begin subdivision new text end .

deleted text begin (2) deleted text end new text begin (b) new text end The operator drives the school bus only from points
of origin to points of destination, not including home-to-school
trips to pick up or drop off students.

deleted text begin (3) deleted text end new text begin (c) new text end The operator is prohibited from using the
eight-light system. Violation of this deleted text begin clause deleted text end new text begin paragraph new text end is a
misdemeanor.

deleted text begin (4) deleted text end new text begin (d) new text end The operator's employer has adopted and implemented
a policy that provides for annual training and certification of
the operator in:

deleted text begin (i) deleted text end new text begin (1) new text end safe operation of the type of school bus the
operator will be driving;

deleted text begin (ii) deleted text end new text begin (2) new text end understanding student behavior, including issues
relating to students with disabilities;

deleted text begin (iii) deleted text end new text begin (3) new text end encouraging orderly conduct of students on the
bus and handling incidents of misconduct appropriately;

deleted text begin (iv) deleted text end new text begin (4) new text end knowing and understanding relevant laws, rules of
the road, and local school bus safety policies;

deleted text begin (v) deleted text end new text begin (5) new text end handling emergency situations; and

deleted text begin (vi) deleted text end new text begin (6) new text end safe loading and unloading of students.

deleted text begin (5) deleted text end new text begin (e) new text end A background check or background investigation of
the operator has been conducted that meets the requirements
under section 122A.18, subdivision 8, or 123B.03 for teachers;
section 144.057 or chapter 245C for day care employees; or
section 171.321, subdivision 3, for all other persons operating
a type A school bus under this deleted text begin paragraph deleted text end new text begin subdivision new text end .

deleted text begin (6) deleted text end new text begin (f) new text end Operators shall submit to a physical examination as
required by section 171.321, subdivision 2.

deleted text begin (7) deleted text end new text begin (g) new text end The operator's driver's license is verified
annually by the entity that owns, leases, or contracts for the
school bus.

deleted text begin (8) deleted text end new text begin (h) new text end A person who sustains a conviction, as defined
under section 609.02, of violating section 169A.25, 169A.26,
169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute or
ordinance of another state is precluded from operating a school
bus for five years from the date of conviction.

deleted text begin (9) deleted text end new text begin (i) new text end A person who has ever been convicted of a
disqualifying offense as defined in section 171.3215,
subdivision 1, paragraph (c), may not operate a school bus under
this deleted text begin paragraph deleted text end new text begin subdivision new text end .

deleted text begin (10) deleted text end new text begin (j) new text end A person who sustains a conviction, as defined
under section 609.02, of a fourth moving offense in violation of
chapter 169 is precluded from operating a school bus for one
year from the date of the last conviction.

deleted text begin (11) deleted text end new text begin (k) new text end Students riding the school bus must have training
required under section 123B.90, subdivision 2.

deleted text begin (12) deleted text end new text begin (l) new text end An operator must be trained in the proper use of
child safety restraints as set forth in the National Highway
Traffic Safety Administration's "Guideline for the Safe
Transportation of Pre-school Age Children in School Buses."

deleted text begin (13) deleted text end new text begin (m) new text end Annual certification of the requirements listed in
this deleted text begin paragraph deleted text end new text begin subdivision new text end must be maintained under separate
file at the business location for each operator licensed under
this deleted text begin paragraph deleted text end new text begin subdivision new text end and subdivision 2, paragraph (b),
clause (5). The business manager, school board, governing body
of a nonpublic school, or any other entity that owns, leases, or
contracts for the school bus operating under this deleted text begin paragraph
deleted text end new text begin subdivision new text end is responsible for maintaining these files for
inspection.

deleted text begin (14) deleted text end new text begin (n) new text end The school bus must bear a current certificate of
inspection issued under section 169.451.

deleted text begin (15) deleted text end new text begin (o) new text end The word "School" on the front and rear of the bus
must be covered by a sign that reads "Activities" when the bus
is being operated under authority of this deleted text begin paragraph deleted text end new text begin subdivision new text end .

Subd. 3.

Motorized bicycle.

(a) deleted text begin No deleted text end new text begin A new text end motorized bicycle
deleted text begin shall deleted text end new text begin may not new text end be operated on any public roadway by any person
who does not possess a valid driver's license, unless the person
has obtained a motorized bicycle operator's permit or motorized
bicycle instruction permit from the commissioner of public
safety. The operator's permit may be issued to any person who
has attained the age of 15 years and who has passed the
examination prescribed by the commissioner. The instruction
permit may be issued to any person who has attained the age of
15 years and who has successfully completed an approved safety
course and passed the written portion of the examination
prescribed by the commissioner.

(b) This course must consist of, but is not limited to, a
basic understanding of:

(1) motorized bicycles and their limitations;

(2) motorized bicycle laws and rules;

(3) safe operating practices and basic operating
techniques;

(4) helmets and protective clothing;

(5) motorized bicycle traffic strategies; and

(6) effects of alcohol and drugs on motorized bicycle
operators.

(c) The commissioner may deleted text begin promulgate deleted text end new text begin adopt new text end rules prescribing
the content of the safety course, examination, and the
information to be contained on the permits. A person operating
a motorized bicycle under a motorized bicycle permit is subject
to the restrictions imposed by section 169.974, subdivision 2,
on operation of a motorcycle under a two-wheel instruction
permit.

(d) The fees for motorized bicycle operator's permits are
as follows:

(1) Examination and operator's permit,
valid for one year $ 6
(2) Duplicate $ 3
(3) Renewal permit before age 21
and valid until age 21 $ 9
(4) Renewal permit deleted text begin after deleted text end age 21 new text begin or older
new text end and valid for four years $15
(5) Duplicate of any renewal permit $ 4.50
(6) Written examination and
instruction permit, valid for
30 days $ 6

Subd. 4. [RESTRICTED COMMERCIAL DRIVER'S LICENSE.] (a) The
commissioner may issue restricted commercial drivers' licenses
and take the following actions to the extent that the actions
are authorized by regulation of the United States Department of
Transportation deleted text begin entitled "Waiver for Farm-Related Service
Industries" as published in the Federal Register, April 17, 1992
deleted text end new text begin in Code of Federal Regulations, title 49, section 383.3,
paragraph (f) new text end :

(1) prescribe examination requirements and other
qualifications for the license;

(2) prescribe classes of vehicles that may be operated by
holders of the license;

(3) specify commercial motor vehicle operation that is
authorized by the license, and prohibit other commercial new text begin motor
new text end vehicle operation by holders of the license; and

(4) prescribe the period of time during which the license
is valid.

(b) Restricted commercial drivers' licenses are subject to
sections 171.165 and 171.166 in the same manner as other
commercial drivers' licenses.

(c) Actions of the commissioner under this subdivision are
not subject to sections 14.05 to 14.47 of the Administrative
Procedure Act.

Subd. 5.

Exemption for certain backup snowplow drivers.

Pursuant to the waiver authorization set forth in Public Law
104-59, section 345, subsection (a), paragraph (5), a person who
operates a commercial motor vehicle for the purpose of removing
snow or ice from a roadway by plowing, salting, or sanding is
not required to hold a commercial driver's license if the person:

(1) is an employee of a local unit of government with a
population of 3,000 or less;

(2) is operating within the boundaries of the local unit of
government;

(3) holds a valid class D driver's license; and

(4) except in the event of a lawful strike, is temporarily
replacing the employee who normally operates the vehicle but
either is unable to operate the vehicle or is in need of
additional assistance due to a snow emergency as determined by
the local unit of government.

Sec. 10.

Minnesota Statutes 2004, section 171.03, is
amended to read:

171.03 PERSONS EXEMPT.

The following persons are exempt from license hereunder:

deleted text begin (1) deleted text end new text begin (a) new text end A person in the employ or service of the United
States federal government new text begin is exempt new text end while driving or operating a
motor vehicle owned by or leased to the United States federal
government deleted text begin , except that only a noncivilian operator of a
commercial motor vehicle owned or leased by the United States
Department of Defense or the Minnesota National Guard is exempt
from the requirement to possess a valid commercial motor vehicle
driver's license; deleted text end new text begin .
new text end

new text begin (b) A person in the employ or service of the United States
federal government is exempt from the requirement to possess a
valid class A, class B, or class C commercial driver's license
while driving or operating for military purposes a commercial
motor vehicle owned by or leased to the United States federal
government if the person is:
new text end

new text begin (1) on active duty in the U. S. Coast Guard;
new text end

new text begin (2) on active duty in a branch of the U. S. Armed Forces,
which includes the Army, Air Force, Navy, and Marine Corps;
new text end

new text begin (3) a member of a reserve component of the U. S. Armed
Forces; or
new text end

new text begin (4) on active duty in the Army National Guard or Air
National Guard, which includes (i) a member on full-time
National Guard duty, (ii) a member undergoing part-time National
Guard training, and (iii) a National Guard military technician,
who is a civilian required to wear a military uniform.
new text end

new text begin The exemption provided under this paragraph does not apply to a
U. S. Armed Forces Reserve technician.
new text end

deleted text begin (2) deleted text end new text begin (c) new text end Any person while driving or operating any farm
tractor deleted text begin , deleted text end or implement of husbandry temporarily deleted text begin operated or moved
deleted text end on a highway deleted text begin , and deleted text end new text begin is exempt. new text end For purposes of this section new text begin , new text end an
all-terrain vehicle, as defined in section 84.92, subdivision 8,
an off-highway motorcycle, as defined in section 84.787,
subdivision 7, and an off-road vehicle, as defined in section
84.797, subdivision 7, are not implements of husbandry deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin (d) new text end A nonresident who is at least 15 years of age and
who has in immediate possession a valid driver's license issued
to the nonresident in the home state or country may operate a
motor vehicle in this state only as a driver deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (4) deleted text end new text begin (e) new text end A nonresident who has in immediate possession a
valid commercial driver's license issued by a state new text begin or
jurisdiction new text end in deleted text begin compliance deleted text end new text begin accordance new text end with the deleted text begin Commercial Motor
Vehicle Safety Act of 1986, United States Code, title 49,
sections 521, 2304, and 2701 to 2716 deleted text end new text begin standards of Code of
Federal Regulations, title 49, part 383 new text end , and who is operating in
Minnesota the class of commercial motor vehicle authorized by
the issuing state deleted text begin ; deleted text end new text begin or jurisdiction is exempt.
new text end

deleted text begin (5) deleted text end new text begin (f) new text end Any nonresident who is at least 18 years of age,
whose home state or country does not require the licensing of
drivers may operate a motor vehicle as a driver, new text begin but new text end only for a
period of not more than 90 days in any calendar year new text begin , new text end if the
motor vehicle so operated is duly registered for the current
calendar year in the home state or country of deleted text begin such deleted text end new text begin the
new text end nonresident deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (6) deleted text end new text begin (g) new text end Any person who becomes a resident of the state of
Minnesota and who has in possession a valid driver's license
issued to the person under and pursuant to the laws of some
other state or deleted text begin province deleted text end new text begin jurisdiction new text end or by military authorities
of the United States may operate a motor vehicle as a
driver, new text begin but new text end only for a period of not more than 60 days after
becoming a resident of this state new text begin , new text end without being required to
have a Minnesota driver's license as provided in this chapter deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (7) deleted text end new text begin (h) new text end Any person who becomes a resident of the state of
Minnesota and who has in possession a valid commercial driver's
license issued by another state new text begin or jurisdiction new text end in
deleted text begin compliance deleted text end new text begin accordance new text end with the deleted text begin Commercial Motor Vehicle Safety
Act of 1986, United States Code, title 49, sections 521, 2304,
and 2701 to 2716 deleted text end new text begin standards of Code of Federal Regulations, title
49, part 383 new text end , new text begin is exempt new text end for not more than 30 days after becoming
a resident of this state deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (8) deleted text end new text begin (i) new text end Any person operating a snowmobile, as defined in
section 84.81 new text begin , is exempt new text end .

Sec. 11.

Minnesota Statutes 2004, section 171.04,
subdivision 2, is amended to read:

Subd. 2.

Disqualified operators of commercial new text begin motor
new text end vehicles.

During the period of disqualification, the department
shall not issue a class C, class B, or class A new text begin commercial
new text end driver's license new text begin , including a limited license, new text end to a person who
has been disqualified from operating a commercial motor vehicle
under section 171.165.

Sec. 12.

Minnesota Statutes 2004, section 171.09, is
amended to read:

171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.

(a) The commissioner deleted text begin shall have the authority deleted text end , when good
cause appears, deleted text begin to deleted text end new text begin may new text end impose restrictions suitable to the
licensee's driving ability or deleted text begin such deleted text end other restrictions applicable
to the licensee as the commissioner may determine to be
appropriate to assure the safe operation of a motor vehicle by
the licensee. deleted text begin The commissioner may,
deleted text end

new text begin (b) Pursuant to Code of Federal Regulations, title 49,
section 383.95, if an applicant for a commercial driver's
license either does not successfully complete the air brake
component of the knowledge test, or does not successfully
complete the skills test in a vehicle equipped with air brakes
as such tests are prescribed in Code of Federal Regulations,
title 49, part 384, the department shall indicate on the class
C, class B, or class A commercial driver's license, if issued,
that the individual is restricted from operating a commercial
motor vehicle equipped with air brakes.
new text end

new text begin (c) new text end Upon receiving satisfactory evidence of any violation
of the restrictions deleted text begin of deleted text end new text begin on new text end the license, new text begin the commissioner may
new text end suspend or revoke the license. A license suspension under this
section is subject to section 171.18, subdivisions 2 and 3.

deleted text begin (b) deleted text end new text begin (d) new text end A person who drives, operates, or is in physical
control of a motor vehicle while in violation of the
restrictions imposed in a restricted driver's license issued to
that person under deleted text begin paragraph (a) deleted text end new text begin this section new text end is guilty of a
crime as follows:

(1) if the restriction relates to the possession or
consumption of alcohol or controlled substances, the person is
guilty of a gross misdemeanor; or

(2) if the restriction relates to another matter, the
person is guilty of a misdemeanor.

Sec. 13.

Minnesota Statutes 2004, section 171.12,
subdivision 3, is amended to read:

Subd. 3.

Application and record, when destroyed.

The
department may cause applications for drivers' licenses,
provisional licenses, and instruction permits, and related
records, to be destroyed immediately after the period for which
issued, except that:

(1) the driver's record pertaining to revocations,
suspensions, cancellations, disqualifications, convictions, and
accidents deleted text begin shall be deleted text end new text begin is new text end cumulative and new text begin must be new text end kept for a period
of at least five years;

(2) the driver's record pertaining to new text begin violations of a
driver or vehicle out-of-service order must be kept for a period
of at least ten years; and
new text end

new text begin (3) the driver's record pertaining to felony convictions in
the commission of which a motor vehicle was used, to new text end the
alcohol-related offenses and licensing actions listed in section
169A.03, subdivisions 20 and 21, deleted text begin and deleted text end to violations of deleted text begin sections
deleted text end new text begin section 169.09, to violations of section new text end 169A.31 new text begin , new text end and new text begin to
violations of section new text end 171.24, subdivision 5, deleted text begin shall deleted text end new text begin must
new text end be deleted text begin cumulative and kept for a period of at least 15 years, except
as provided in clause (3); and
deleted text end

deleted text begin (3) the driver's record pertaining to an offense, or a
related licensing action, under section 169A.20, subdivision 1,
clause (1) or (5), must be purged after ten years of any
reference to the offense or action if (i) this offense or action
involved an alcohol concentration of 0.08 or more but less than
0.10, (ii) this offense or action was a first impaired driving
incident, and (iii) the driver has incurred no other impaired
driving incident during the ten-year period. For purposes of
this clause, "impaired driving incident" includes any incident
that may be counted as a prior impaired driving conviction or a
prior impaired driving-related loss of license, as defined in
section 169A.03, subdivisions 20 and 21. This clause does not
apply to the driver's record of a person to whom a commercial
driver's license has been issued deleted text end new text begin retained permanently new text end .

Sec. 14.

new text begin [171.162] COMMERCIAL DRIVER'S LICENSE, RECORDS
CHECK.
new text end

new text begin As required by Code of Federal Regulations, title 49,
section 383.73, before issuing a class A, class B, or class C
commercial driver's license, the department shall request the
applicant's complete driving record from all states where the
applicant was previously licensed over the last ten years to
operate any type of motor vehicle.
new text end

Sec. 15.

Minnesota Statutes 2004, section 171.165,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin first violation deleted text end new text begin federal standards new text end .

Subject to section 171.166, the commissioner shall disqualify a
person from operating commercial motor vehicles deleted text begin for one year
upon receiving a record of the first conviction of the person
for committing a violation of any of the following offenses
while operating a commercial motor vehicle:
deleted text end

deleted text begin (1) section 169A.20 or 169A.31;
deleted text end

deleted text begin (2) section 169.09, subdivision 1 or 2;
deleted text end

deleted text begin (3) a felony, other than a felony described in subdivision
3, paragraph (a), clause (2), item (ii);
deleted text end

deleted text begin (4) driving with a revoked, suspended, canceled, denied, or
disqualified commercial driver's license;
deleted text end

deleted text begin (5) causing a fatality through the negligent or criminal
operation of a commercial motor vehicle; or
deleted text end

deleted text begin (6) an offense committed in another state that would be
grounds for disqualification under this subdivision or
subdivision 2 if committed in Minnesota deleted text end new text begin in accordance with the
driver disqualifications and penalties in Code of Federal
Regulations, title 49, part 383, subpart D and Code of Federal
Regulations, title 49, section 384.219 new text end .

Sec. 16.

Minnesota Statutes 2004, section 171.165,
subdivision 2, is amended to read:

Subd. 2.

Implied consent revocation.

The commissioner
shall disqualify a person from operating commercial motor
vehicles for deleted text begin one year from the effective date of deleted text end a revocation
under section 169A.52 or a statute or ordinance from another
state new text begin or jurisdiction new text end in conformity with it, deleted text begin if the person was
driving, operating, or in physical control of a commercial motor
vehicle at the time of the incident on which the revocation is
based deleted text end new text begin in accordance with the driver disqualifications and
penalties in Code of Federal Regulations, title 49, part 383,
subpart D new text end .

Sec. 17.

Minnesota Statutes 2004, section 171.165,
subdivision 6, is amended to read:

Subd. 6.

Exemptions.

new text begin (a) new text end A disqualification shall not be
imposed under this section on a recreational deleted text begin equipment deleted text end new text begin vehicle
new text end operator, farmer, or deleted text begin firefighter deleted text end new text begin authorized emergency vehicle
operator new text end operating a commercial motor vehicle within the scope
of section 171.02, subdivision 2, paragraph (b).

new text begin (b) A conviction for a violation that occurred before
August 1, 2005, while operating a vehicle that is not a
commercial motor vehicle shall not be counted as a first or
subsequent violation for purposes of determining the period for
which a driver must be disqualified under this section.
new text end

Sec. 18.

new text begin [171.167] NOTICE TO COMMERCIAL DRIVER'S LICENSE
INFORMATION SYSTEM.
new text end

new text begin The department shall participate fully in the commercial
driver's license information system established under the
Commercial Motor Vehicle Safety Act of 1986 at United States
Code, title 49, section 31309.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 169.99, subdivision 1b;
171.12, subdivision 6; and 171.165, subdivisions 3, 4, 4a, and
4b, are repealed. Minnesota Rules, part 7503.2400, is repealed.
new text end