HF 2304

3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; modifying requirements 
  1.3             for operating motor vehicle by holder of provisional 
  1.4             license; amending Minnesota Statutes 2002, section 
  1.5             171.055, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 171.055, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) A provisional 
  1.10  license holder may operate a motor vehicle only when every 
  1.11  occupant under the age of 18 has a seat belt or child passenger 
  1.12  restraint system properly fastened.  A person who violates this 
  1.13  paragraph is subject to a fine of $25.  A peace officer may not 
  1.14  issue a citation for a violation of this paragraph unless the 
  1.15  officer lawfully stopped or detained the driver of the motor 
  1.16  vehicle for a moving violation as defined in section 171.04.  
  1.17  The commissioner shall not record a violation of this paragraph 
  1.18  on a person's driving record. 
  1.19     (b) During the first year after receiving the license, a 
  1.20  provisional license holder may not operate a motor vehicle: 
  1.21     (1) with more than one passenger under age 21, except for 
  1.22  immediate family members; or 
  1.23     (2) between the hours of midnight and 5:00 a.m. unless 
  1.24  accompanied by a parent or guardian of the provisional license 
  1.25  holder.  
  2.1      (c) A provisional license holder may operate a motor 
  2.2   vehicle without complying with a restriction under paragraph (b) 
  2.3   if the license holder carries written permission signed by a 
  2.4   parent or guardian that authorizes the operation without 
  2.5   complying with that restriction including a telephone number 
  2.6   where the signing parent or guardian may be contacted during 
  2.7   those hours. 
  2.8      (d) If the holder of a provisional license during the 
  2.9   period of provisional licensing incurs (1) a conviction for a 
  2.10  violation of section 169A.20, 169A.33, 169A.35, or sections 
  2.11  169A.50 to 169A.53, (2) a conviction for a crash-related moving 
  2.12  violation, or (3) more than one conviction for a moving 
  2.13  violation that is not crash related, the person may not be 
  2.14  issued a driver's license until 12 consecutive months have 
  2.15  expired since the date of the conviction or until the person 
  2.16  reaches the age of 18 years, whichever occurs first.