HF 2460

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to drivers' licenses; imposing additional eligibility requirements to
operate motor vehicle pursuant to provisional driver's license; imposing a
penalty; amending Minnesota Statutes 2006, section 171.055.

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

Section 1.

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

171.055 PROVISIONAL LICENSE.

Subdivision 1.

Requirements for provisional license new text begin ; misdemeanor new text end .

(a) The
department may issue a provisional license, which must be distinctive in appearance
from a driver's license, to an applicant who:

(1) has reached the age of 16 years;

(2) during the six months immediately preceding the application for the provisional
license has possessed an instruction permit and has incurred (i) no convictions for a
violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (ii) no
convictions for a crash-related moving violation, and (iii) no convictions for a moving
violation that is not crash related;

(3) has successfully completed a course of driver education in accordance with
department rules new text begin , including but not limited to 30 hours of classroom instruction and six
hours of behind-the-wheel driving instruction new text end ;

(4) completes the required application, which must be approved by (i) either parent
when both reside in the same household as the minor applicant or, if otherwise, then (ii)
the parent or spouse of the parent having custody or, in the event there is no court order
for custody, then (iii) the parent or spouse of the parent with whom the minor is living
or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or,
in the event a person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close
family member, or adult employer; provided, that the approval required by this clause
contains a verification of the age of the applicant and the identity of the parent, guardian,
adult spouse, adult close family member, or adult employer;

(5) presents deleted text begin certification deleted text end new text begin a logbook or schedule certified new text end by the person who approves
the application under clause (4) deleted text begin stating deleted text end new text begin attesting new text end that the applicant has driven a motor
vehicle accompanied by and under the supervision of a licensed driver at least 21 years of
age, for no less than deleted text begin 30 deleted text end new text begin 50 new text end hours, at least ten of which were nighttime hours; and

(6) pays the fee required in section 171.06, subdivision 2.

(b) For purposes of this section, "moving violation" has the meaning given it in
section 171.04, subdivision 1.

(c) Notwithstanding paragraph (a), clause (2), the commissioner shall not issue a
provisional license to a person who has ever incurred a conviction for violation of section
169A.20, 169A.33, or 169A.35; a violation of a provision of sections 169A.50 to 169A.53;
or a crash-related moving violation, and at the time of the conviction the person did not
possess an instruction permit.

new text begin (d) If a person approving the application under paragraph (a), clause (4), falsifies an
entry, or knows an entry is false, in a logbook or schedule certified by the person under
paragraph (a), clause (5), that person is guilty of a misdemeanor.
new text end

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) 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 deleted text begin 12 consecutive months have expired since the date of the
conviction or until deleted text end the person reaches the age of 18 years deleted text begin , whichever occurs first deleted text end .