HF 3909

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

A bill for an act
relating to drivers' licenses; providing that payment of vehicle taxes and fees
by dishonored check results in person becoming ineligible to receive driver's
license; amending Minnesota Statutes 2006, section 171.04, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 171.04, subdivision 1, is amended to read:

Subdivision 1.

Persons not eligible.

The department shall not issue a driver's
license:

(1) to any person under 18 years unless:

(i) the applicant is 16 or 17 years of age and has a previously issued valid license
from another state or country or the applicant has, for the 12 consecutive months
preceding application, held a provisional license and during that time has incurred (A) no
conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50
to 169A.53, (B) no conviction for a crash-related moving violation, and (C) not more
than one conviction for a moving violation that is not crash related. "Moving violation"
means a violation of a traffic regulation but does not include a parking violation, vehicle
equipment violation, or warning citation;

(ii) the application for a license is approved by (A) either parent when both reside in
the same household as the minor applicant or, if otherwise, then (B) the parent or spouse
of the parent having custody or, in the event there is no court order for custody, then (C)
the parent or spouse of the parent with whom the minor is living or, if subitems (A) to (C)
do not apply, then (D) 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 (E) the minor's adult spouse, adult close family member, or
adult employer; provided, that the approval required by this item 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; and

(iii) the applicant presents a certification by the person who approves the application
under item (ii), stating that the applicant has driven a motor vehicle accompanied by
and under supervision of a licensed driver at least 21 years of age for at least ten hours
during the period of provisional licensure;

(2) to any person who is 18 years of age or younger, unless the person has applied
for, been issued, and possessed the appropriate instruction permit for a minimum of six
months, and, with respect to a person under 18 years of age, a provisional license for a
minimum of 12 months;

(3) to any person who is 19 years of age or older, unless that person has applied
for, been issued, and possessed the appropriate instruction permit for a minimum of
three months;

(4) to any person whose license has been suspended during the period of suspension
except that a suspended license may be reinstated during the period of suspension upon
the licensee furnishing proof of financial responsibility in the same manner as provided in
the Minnesota No-Fault Automobile Insurance Act;

(5) to any person whose license has been revoked except upon furnishing proof
of financial responsibility in the same manner as provided in the Minnesota No-Fault
Automobile Insurance Act and if otherwise qualified;

(6) to any drug-dependent person, as defined in section 254A.02, subdivision 5;

(7) to any person who has been adjudged legally incompetent by reason of mental
illness, mental deficiency, or inebriation, and has not been restored to capacity, unless
the department is satisfied that the person is competent to operate a motor vehicle with
safety to persons or property;

(8) to any person who is required by this chapter to take a vision, knowledge, or road
examination, unless the person has successfully passed the examination. An applicant
who fails four road tests must complete a minimum of six hours of behind-the-wheel
instruction with an approved instructor before taking the road test again;

(9) to any person who is required under the Minnesota No-Fault Automobile
Insurance Act to deposit proof of financial responsibility and who has not deposited the
proof;

(10) to any person when the commissioner has good cause to believe that the
operation of a motor vehicle on the highways by the person would be inimical to public
safety or welfare;

(11) to any person when, in the opinion of the commissioner, the person is afflicted
with or suffering from a physical or mental disability or disease that will affect the person
in a manner as to prevent the person from exercising reasonable and ordinary control over
a motor vehicle while operating it upon the highways;

(12) to a person who is unable to read and understand official signs regulating,
warning, and directing traffic;

(13) to a child for whom a court has ordered denial of driving privileges under
section 260C.201, subdivision 1, or 260B.235, subdivision 5, until the period of denial is
completed; deleted text begin or
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(14) to any person whose license has been canceled, during the period of
cancellation deleted text begin . deleted text end new text begin ; or
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new text begin (15) to any person who, as owner of a vehicle whose taxes or fees required under
chapter 168, 168A, or 297B were due, paid or attempted to pay, or had another person pay
or attempt to pay, the vehicle taxes or fees by means of a dishonored personal check issued
to the state or a deputy registrar, and reasonable, documented collection efforts failed to
recover payment due over a period of at least 30 days.
new text end