HF 2895

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; requiring certain 
  1.3             applicants for license renewal to pass examinations; 
  1.4             requiring physicians to report driving-related 
  1.5             physical or mental conditions to commissioner of 
  1.6             public safety; making clarifying changes; amending 
  1.7             Minnesota Statutes 2002, sections 171.01, by adding a 
  1.8             subdivision; 171.13, subdivision 2; 171.131. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 171.01, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 41a.  [MOVING VIOLATION.] "Moving violation" means a 
  1.13  violation of a traffic regulation but does not include a parking 
  1.14  violation, vehicle equipment violation, or a violation for which 
  1.15  a warning citation was issued. 
  1.16     Sec. 2.  Minnesota Statutes 2002, section 171.13, 
  1.17  subdivision 2, is amended to read: 
  1.18     Subd. 2.  [EXAMINATION UPON RENEWAL.] The department shall 
  1.19  issue a driver's license upon renewal when and after satisfying 
  1.20  any applicable provision of paragraphs (a) through (c): 
  1.21     (a) The applicant has passed an examination consisting of a 
  1.22  screening of the applicant's eyesight.  Screening of eyesight 
  1.23  required by this subdivision does not constitute the practice of 
  1.24  optometry as defined in section 148.56. 
  1.25     (b) The applicant has passed a written examination after 
  1.26  incurring a conviction for one or more moving violations since 
  1.27  the last previous license renewal. 
  2.1      (c) The applicant has passed a road examination after 
  2.2   incurring convictions for three or more moving violations or 
  2.3   after having been found at fault in two or more crashes since 
  2.4   the last previous license renewal.  
  2.5   The commissioner may adopt rules to administer this subdivision. 
  2.6      Sec. 3.  Minnesota Statutes 2002, section 171.131, is 
  2.7   amended to read: 
  2.8      171.131 [PHYSICIAN REPORTING TO COMMISSIONER.] 
  2.9      Subdivision 1.  [VOLUNTARY MANDATORY REPORTING BY 
  2.10  PHYSICIANS.] Any physician who diagnoses a physical or mental 
  2.11  condition which that in the physician's judgment will 
  2.12  significantly impair the person's ability to operate safely a 
  2.13  motor vehicle may voluntarily shall report the person's name and 
  2.14  other information relevant to the condition to the 
  2.15  commissioner.  The commissioner, upon receiving the report, 
  2.16  shall require the person so reported to be examined as provided 
  2.17  in section 171.13, subdivision 3.  
  2.18     Subd. 2.  [PHYSICIANS IMMUNE FROM LIABILITY.] Any physician 
  2.19  reporting, or not reporting, in good faith and exercising due 
  2.20  care shall have has immunity from any liability, civil or 
  2.21  criminal, that otherwise might result by reason of actions an 
  2.22  action brought pursuant to this section.  No cause of action may 
  2.23  be brought against any physician for not making a report 
  2.24  pursuant to this section. 
  2.25     Sec. 4.  [EFFECTIVE DATE.] 
  2.26     Section 1 is effective August 1, 2005.  Section 2 is 
  2.27  effective August 1, 2004.