1.1 	A bill for an act
1.2 	relating to traffic regulations; prohibiting holder of
1.3 	instruction permit or provisional license from driving
1.4 	while operating cellular telephone; prohibiting holder
1.5 	of provisional license from driving at certain times
1.6 	and with certain passengers; amending Minnesota
1.7 	Statutes 2004, sections 171.05, subdivision 2b;
1.8 	171.055, subdivision 2.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 171.05,
1.11 	subdivision 2b, is amended to read:
1.12 		Subd. 2b.Instruction permit use by person under age 18.
 1.13 	(a) This subdivision applies to persons who have applied for and
1.14 	received an instruction permit under subdivision 2.
1.15 	(b) The permit holder may, with the permit in possession,
1.16 	operate a motor vehicle, but must be accompanied by and be under
1.17 	the supervision of a certified driver education instructor, the
1.18 	permit holder's parent or guardian, or another licensed driver
1.19 	age 21 or older.  The supervisor must occupy the seat beside the
1.20 	permit holder.
1.21 	(c) The permit holder may operate a motor vehicle only when
1.22 	every occupant under the age of 18 has a seat belt or child
1.23 	passenger restraint system properly fastened.  A person who
1.24 	violates this paragraph is subject to a fine of $25.  A peace
1.25 	officer may not issue a citation for a violation of this
1.26 	paragraph unless the officer lawfully stopped or detained the
1.27 	driver of the motor vehicle for a moving violation as defined in
2.1 	section 171.04, subdivision 1.  The commissioner shall not
2.2 	record a violation of this paragraph on a person's driving
2.3 	record.
2.4 	(d) The permit holder may not operate a vehicle while
2.5 	communicating over, or otherwise operating, a cellular or
2.6 	wireless telephone, whether handheld or hands free.  The permit
2.7 	holder may assert as an affirmative defense that the violation
2.8 	was made for the sole purpose of obtaining emergency assistance
2.9 	to prevent a crime about to be committed, or in the reasonable
2.10 	belief that a person's life or safety was in danger.
2.11 	(e) The permit holder must maintain a driving record free
2.12 	of convictions for moving violations, as defined in section
2.13 	171.04, subdivision 1, and free of convictions for violation of
2.14 	section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
2.15 	169A.53.  If the permit holder drives a motor vehicle in
2.16 	violation of the law, the commissioner shall suspend, cancel, or
2.17 	revoke the permit in accordance with the statutory section
2.18 	violated.

2.19 	Sec. 2. Minnesota Statutes 2004, section 171.055,
2.20 	subdivision 2, is amended to read:
2.21 		Subd. 2.Use of provisional license.  (a) A provisional
2.22 	license holder may operate a motor vehicle only when every
2.23 	occupant under the age of 18 has a seat belt or child passenger
2.24 	restraint system properly fastened.  A person who violates this
2.25 	paragraph is subject to a fine of $25.  A peace officer may not
2.26 	issue a citation for a violation of this paragraph unless the
2.27 	officer lawfully stopped or detained the driver of the motor
2.28 	vehicle for a moving violation as defined in section 171.04.
2.29 	The commissioner shall not record a violation of this paragraph
2.30 	on a person's driving record.
2.31 	(b) A provisional license holder may not operate a motor
2.32 	vehicle:
2.33 	(1) during the first six months of provisional licensure,
2.34 	with more than one passenger, except family members; or 
2.35 	(2) between the hours of midnight and 5:00 a.m.
2.36 	(c) A provisional license holder may not operate a vehicle
3.1 	while communicating over, or otherwise operating, a cellular or
3.2 	wireless telephone, whether handheld or hands free.  The
3.3 	provisional license holder may assert as an affirmative defense
3.4 	that the violation was made for the sole purpose of obtaining
3.5 	emergency assistance to prevent a crime about to be committed,
3.6 	or in the reasonable belief that a person's life or safety was
3.7 	in danger.
3.8 	(d) If the holder of a provisional license during the
3.9 	period of provisional licensing incurs (1) a conviction for a
3.10 	violation of section 169A.20, 169A.33, 169A.35, or sections
3.11 	169A.50 to 169A.53, (2) a conviction for a crash-related moving
3.12 	violation, or (3) more than one conviction for a moving
3.13 	violation that is not crash related, the person may not be
3.14 	issued a driver's license until 12 consecutive months have
3.15 	expired since the date of the conviction or until the person
3.16 	reaches the age of 18 years, whichever occurs first.