1.1 	A bill for an act
1.2 	relating to public safety; modifying motor vehicle,
1.3 	traffic regulation, and driver's license provisions
1.4 	relating to commercial motor vehicles; making
1.5 	technical and clarifying changes; modifying
1.6 	definitions of recreational vehicle, motor home,
1.7 	state, and tank vehicle; prohibiting issuance of
1.8 	identification card to holder of driving instruction
1.9 	permit; modifying driver's license classifications,
1.10 	restrictions, exceptions, and exemptions; modifying
1.11 	driver records provisions; incorporating federal
1.12 	regulations; amending Minnesota Statutes 2004,
1.13 	sections 168.011, subdivision 25; 169.01, subdivisions
1.14 	75, 76; 169A.52, subdivision 3; 171.01, subdivisions
1.15 	22, 35, 47, by adding a subdivision; 171.02; 171.03;
1.16 	171.04, subdivision 2; 171.09; 171.12, subdivision 3;
1.17 	171.165, subdivisions 1, 2, 6; proposing coding for
1.18 	new law in Minnesota Statutes, chapter 171; repealing
1.19 	Minnesota Statutes 2004, sections 169.99, subdivision
1.20 	1b; 171.12, subdivision 6; 171.165, subdivisions 3, 4,
1.21 	4a, 4b; Minnesota Rules, part 7503.2400.
1.22 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.23 	Section 1. Minnesota Statutes 2004, section 168.011,
1.24 	subdivision 25, is amended to read:
1.25 		Subd. 25.Recreational equipment vehicle.  (a)
1.26 	"Recreational equipment vehicle " means travel trailers including
1.27 	those which that telescope or fold down, chassis-mounted
1.28 	campers, house cars,motor homes, tent trailers, slip-in
1.29 	campers,and converted buses that provide temporary human living
1.30 	quarters. A 
1.31 	(b) "Recreational vehicle " is considered to provide
1.32 	temporary living quarters if it a vehicle that:
1.33 	(1) is not used as the residence of the owner or occupant;
2.1 	(2) is used for temporary living quarters by the owner or
2.2 	occupant while engaged in recreational or vacation activities;
2.3 	and
2.4 	(3) is either self-propelled or towed on the public streets
2.5 	or highways incidental to the recreational or vacation
2.6 	activities.
2.7 	(b) For the purposes of this subdivision, a Subd. 25a.
2.8 	[MOTOR HOME.] " Motor home " means a unit recreational vehicle 
2.9 	designed to provide temporary living quarters,.  The motor home
2.10 	has a living unit built into as an integral part of, or
2.11 	permanently attached to the chassis of, a self-propelled motor
2.12 	vehicle chassis or van.
2.13 	(a) A motor home must contain permanently installed,
2.14 	independent,life-support systems which that meet the American
2.15 	National Standards Institute standard number A119.2 for
2.16 	recreational vehicles and provide at least four of the following
2.17 	facilities, two of which must be from the systems listed in
2.18 	clauses (1), (5), and (6):  (1) a cooking facility with liquid
2.19 	propane gas supply, (2) a refrigerator, (3) a self-contained
2.20 	toilet or a toilet connected to a plumbing system with a 
2.21 	connection for external water disposal, (4) a heating or air
2.22 	conditioning system separate from the motor vehicle engine, (5)
2.23 	a potable water supply system including a sink with a faucet
2.24 	either self-contained or with connections for an external
2.25 	source, and (6) a separate 110-125 volt volts electrical power
2.26 	supply.
2.27 	(b) For purposes of this subdivision, "permanently
2.28 	installed" means built into or attached as an integral part of a
2.29 	chassis or van, and designed not to be removed except for repair
2.30 	or replacement.  A system which that is readily removable or
2.31 	held in place by clamps or tie-downs is not permanently
2.32 	installed.
2.33 	(c) Motor homes include but are not limited to, the
2.34 	following a:
2.35 	(1) type A motor home-, which is a raw chassis upon which
2.36 	is built a driver's compartment and an entire body that provides
3.1 	temporary living quarters as defined described in this 
3.2 	paragraph (a);
3.3 	(2) type B motor home-, which is a van-type vehicle van 
3.4 	that conforms to the motor home definition description in this 
3.5 	paragraph (a) and has been completed or altered by the a 
3.6 	final-stage manufacturer; and
3.7 	(3) type C motor home-, which is an incomplete vehicle
3.8 	upon which is permanently attached a body designed to provide
3.9 	temporary living quarters as defined described in this 
3.10 	paragraph (a).
3.11 	(d) A motor vehicle with a slip-in campers are camper or
3.12 	other removable equipment that is mounted into or on a motor 
3.13 	vehicle commonly known as a pickup truck, in the pickup box,
3.14 	either by bolting through the floor of the pickup box or by
3.15 	firmly clamping to the side of the pickup box.  The vehicle
3.16 	may is not a motor home, is not a recreational vehicle, and must 
3.17 	not be registered as a recreational vehicle under section
3.18 	168.013.

3.19 	Sec. 2. Minnesota Statutes 2004, section 169.01,
3.20 	subdivision 75, is amended to read:
3.21 		Subd. 75.Commercial motor vehicle.  (a) "Commercial
3.22 	motor vehicle" means a motor vehicle or combination of motor
3.23 	vehicles used to transport passengers or property if the motor
3.24 	vehicle:
3.25 	(1) has a gross vehicle weight of more than 26,000 pounds;
3.26 	(2) has a towed unit with a gross vehicle weight of more
3.27 	than 10,000 pounds and the combination of vehicles has a
3.28 	combined gross vehicle weight of more than 26,000 pounds;
3.29 	(3) is a bus;
3.30 	(4) is of any size and is used in the transportation of
3.31 	hazardous materials, except for those vehicles having a gross
3.32 	vehicle weight of 26,000 pounds or less while carrying in bulk
3.33 	tanks a total of not more than 200 gallons of petroleum products
3.34 	and liquid fertilizer; or
3.35 	(5) is outwardly equipped and identified as a school bus,
3.36 	except for type A-I and type III school buses as defined in
4.1 	subdivision 6.
4.2 	(b) For purposes of chapter 169A:
4.3 	(1) a commercial motor vehicle does not include a farm
4.4 	truck, fire-fighting equipment an authorized emergency vehicle,
4.5 	or a recreational equipment vehicle being operated by a person
4.6 	within the scope of section 171.02, subdivision 2, paragraph
4.7 	(b); and
4.8 	(2) a commercial motor vehicle includes a vehicle capable
4.9 	of or designed to meet the standards described in paragraph (a),
4.10 	clause (2), whether or not the towed unit is attached to the
4.11 	truck-tractor at the time of the violation or stop.

4.12 	Sec. 3. Minnesota Statutes 2004, section 169.01,
4.13 	subdivision 76, is amended to read:
4.14 		Subd. 76.Hazardous materials.  "Hazardous materials"
4.15 	means those materials found to be hazardous for the purposes of
4.16 	the federal Hazardous Materials Transportation Act and that
4.17 	require the motor vehicle to be placarded under Code of Federal
4.18 	Regulations, title 49, part 172, subpart F parts 100-185.

4.19 	Sec. 4. Minnesota Statutes 2004, section 169A.52,
4.20 	subdivision 3, is amended to read:
4.21 		Subd. 3.Test refusal; license revocation.  (a) Upon
4.22 	certification by the peace officer that there existed probable
4.23 	cause to believe the person had been driving, operating, or in
4.24 	physical control of a motor vehicle in violation of section
4.25 	169A.20 (driving while impaired), and that the person refused to
4.26 	submit to a test, the commissioner shall revoke the person's
4.27 	license or permit to drive, or nonresident operating privilege,
4.28 	for a period of one year even if a test was obtained pursuant to
4.29 	this section after the person refused to submit to testing.
4.30 	(b) Upon certification by the peace officer that there
4.31 	existed probable cause to believe the person had been driving,
4.32 	operating, or in physical control of a commercial motor vehicle
4.33 	with the presence of any alcohol in violation of section 169A.20
4.34 	(driving while impaired), and that the person refused to submit
4.35 	to a test, the commissioner shall disqualify the person from
4.36 	operating a commercial motor vehicle for a period of one year
5.1 	under section 171.165 (commercial driver's license
5.2 	disqualification) and shall revoke the person's license or
5.3 	permit to drive or nonresident operating privilege for a period
5.4 	of one year according to the federal regulations adopted by
5.5 	reference in section 171.165, subdivision 2.

5.6 	Sec. 5. Minnesota Statutes 2004, section 171.01,
5.7 	subdivision 22, is amended to read:
5.8 		Subd. 22.Commercial motor vehicle.  "Commercial motor
5.9 	vehicle" means a motor vehicle or combination of motor vehicles
5.10 	used to transport passengers or property if the motor vehicle:
5.11 	(1) has a gross vehicle weight of more than 26,000 pounds;
5.12 	(2) has a towed unit with a gross vehicle weight of more
5.13 	than 10,000 pounds and the combination of vehicles has a
5.14 	combined gross vehicle weight of more than 26,000 pounds;
5.15 	(3) is a bus;
5.16 	(4) is of any size and is used in the transportation of
5.17 	hazardous materials, except for those vehicles having a gross
5.18 	vehicle weight of 26,000 pounds or less and carrying in bulk
5.19 	tanks a total of not more than 200 gallons of liquid fertilizer
5.20 	and petroleum products; or
5.21 	(5) is outwardly equipped and identified as a school bus,
5.22 	except for type III school buses defined in section 169.01,
5.23 	subdivision 6, clause (5).

5.24 	Sec. 6. Minnesota Statutes 2004, section 171.01,
5.25 	subdivision 35, is amended to read:
5.26 		Subd. 35.Hazardous materials.  "Hazardous materials"
5.27 	means those materials found to be hazardous for the purposes of
5.28 	the federal Hazardous Materials Transportation Act and that
5.29 	require the motor vehicle to be placarded under Code of Federal
5.30 	Regulations, title 49, part 172, subpart F parts 100-185.

5.31 	Sec. 7. Minnesota Statutes 2004, section 171.01,
5.32 	subdivision 47, is amended to read:
5.33 		Subd. 47.State.  "State" means any a state of the United
5.34 	States, territory or possession of the United States,the
5.35 	District of Columbia, the Commonwealth of Puerto Rico or any
5.36 	province of the Dominion of Canada , the United States Virgin
6.1 	Islands, or any territory or insular possession subject to the
6.2 	jurisdiction of the United States.

6.3 	Sec. 8. Minnesota Statutes 2004, section 171.01, is
6.4 	amended by adding a subdivision to read:
6.5 		Subd. 48a.Tank vehicle. "Tank vehicle" means any
6.6 	commercial motor vehicle that is designed to transport any
6.7 	liquid or gaseous materials within a tank, as defined in Code of
6.8 	Federal Regulations, title 49, section 178.320, including a
6.9 	cargo tank or a portable tank as defined in Code of Federal
6.10 	Regulations, title 49, section 171.8, that is either permanently
6.11 	or temporarily attached to the vehicle or the chassis, except
6.12 	portable tanks having a rated capacity under 1,000 gallons.

6.13 	Sec. 9. Minnesota Statutes 2004, section 171.02, is
6.14 	amended to read:
6.15 	171.02 LICENSES; TYPES, ENDORSEMENTS, RESTRICTIONS.
6.16 		Subdivision 1.License required. Except when expressly
6.17 	exempted, a person shall not drive a motor vehicle upon a street
6.18 	or highway in this state unless the person has a license valid
6.19 	under this chapter for the type or class of vehicle being
6.20 	driven.  The department shall not issue a driver's license to a
6.21 	person unless and until the person's license from any
6.22 	jurisdiction has been invalidated.  The department shall provide
6.23 	to the issuing department of any jurisdiction, information that
6.24 	the licensee is now licensed in Minnesota.  A person is not
6.25 	permitted to have more than one valid driver's license at any
6.26 	time.  The department shall not issue to a person to whom a
6.27 	current Minnesota identification card has been issued a driver's
6.28 	license, other than an instruction permit or a limited license,
6.29 	unless the person's Minnesota identification card has been
6.30 	invalidated.
6.31 	Subd. 2.  [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS,
6.32 	EXEMPTIONS.] (a) Drivers' licenses shall be are classified
6.33 	according to the types of vehicles which that may be driven by
6.34 	the holder of each type or class of license.  The commissioner
6.35 	may, as appropriate, subdivide the classes listed in this
6.36 	subdivision and issue licenses classified accordingly.  Except
7.1 	as provided in subdivision 2a, no class of license shall be is 
7.2 	valid to operate a motorcycle, school bus, tank vehicle,
7.3 	double-trailer or triple-trailer combination, vehicle
7.4 	transporting hazardous materials, or bus, unless so endorsed.
7.5 	There shall be are four general classes of licenses as follows:
7.6 	(b) Class D; valid for:
7.7 	(1) operating all farm trucks operated by if the farm truck
7.8 	is:
7.9 	(i) the owner, (ii) controlled and operated by a farmer,
7.10 	including operation by an immediate family member of the owner,
7.11 	(iii) or an employee of the owner not primarily employed to
7.12 	operate the farm truck, within 150 miles of the farm, or farmer;
7.13 	(ii) used to transport agricultural products, farm
7.14 	machinery, or farm supplies, to or from a farm;
7.15 	(iii) not used in the operations of a common or contract
7.16 	motor carrier as governed by Code of Federal Regulations, title
7.17 	49, part 365; and 
7.18 	(iv) an employee of the owner employed during harvest to
7.19 	operate the farm truck for the first, continuous transportation
7.20 	of agricultural products from the production site or on-farm
7.21 	storage site to any other location within 50 miles of that
7.22 	site used within 150 miles of the farm;
7.23 	(2) operating fire trucks and emergency fire equipment an
7.24 	authorized emergency vehicle, as defined in section 169.01,
7.25 	subdivision 5, whether or not in excess of 26,000 pounds gross
7.26 	vehicle weight, operated by a firefighter while on duty, or a
7.27 	tiller operator employed by a fire department who drives the
7.28 	rear portion of a midmount aerial ladder truck;
7.29 	(3) operating a recreational equipment vehicle as defined
7.30 	in section 168.011, subdivision 25, that is operated for
7.31 	personal use;
7.32 	(4) operating all single-unit vehicles except vehicles with
7.33 	a gross vehicle weight of more than 26,000 pounds, vehicles
7.34 	designed to carry more than 15 passengers including the driver,
7.35 	and vehicles that carry hazardous materials; and 
7.36 	(5) notwithstanding paragraph (c), operating a type A
8.1 	school bus without a school bus endorsement if:
8.2 	(i) the bus has a gross vehicle weight of 10,000 pounds or
8.3 	less;
8.4 	(ii) the bus is designed to transport 15 or fewer
8.5 	passengers, including the driver; and
8.6 	(iii) the requirements of subdivision 2a, paragraph (b),
8.7 	are satisfied, as determined by the commissioner.; and 
8.8 	The holder of a class D license may also tow 
8.9 	(6) towing vehicles if:
8.10 	(i) the towed vehicles have a gross vehicle weight of
8.11 	10,000 pounds or less; or 
8.12 	(ii) the towed vehicles have a gross vehicle weight of more
8.13 	than 10,000 pounds and the combination of vehicles has a gross
8.14 	vehicle weight of 26,000 pounds or less.
8.15 	(c) Class C; valid for:
8.16 	(1) operating class D motor vehicles;
8.17 	(2) with a hazardous materials endorsement, transporting
8.18 	hazardous materials in class D vehicles; and
8.19 	(3) with a school bus endorsement, operating school buses
8.20 	designed to transport 15 or fewer passengers, including the
8.21 	driver.
8.22 	(d) Class B; valid for operating all vehicles in class C
8.23 	motor vehicles, class D motor vehicles, and all other
8.24 	single-unit motor vehicles including, with a passenger
8.25 	endorsement, buses.  The holder of a class B license may tow
8.26 	only vehicles with a gross vehicle weight of 10,000 pounds or
8.27 	less.
8.28 	(e) Class A; valid for operating any vehicle or combination
8.29 	of vehicles.
8.30 		Subd. 2a.exceptions exception for certain school bus
8.31 	drivers. (a) Notwithstanding subdivision 2, (1) a hazardous
8.32 	materials endorsement is not required to operate a vehicle
8.33 	having a gross vehicle weight of 26,000 pounds or less while
8.34 	carrying in bulk tanks a total of not more than 200 gallons of
8.35 	petroleum products and (2) a class C license or hazardous
8.36 	materials endorsement is not required to operate a farm vehicle
9.1 	as defined in Code of Federal Regulations, title 49, section
9.2 	390.5, having a gross vehicle weight of 26,000 pounds or less
9.3 	while carrying in bulk tanks a total of not more than 1,500
9.4 	gallons of liquid fertilizer.
9.5 	(b) Notwithstanding subdivision 2, paragraph (c), the
9.6 	holder of a class D driver's license, without a school bus
9.7 	endorsement, may operate a type A school bus described in
9.8 	subdivision 2, paragraph (b), under the following conditions:
9.9 	(1) (a) The operator is an employee of the entity that
9.10 	owns, leases, or contracts for the school bus and is not solely
9.11 	hired to provide transportation services under this paragraph 
9.12 	subdivision.
9.13 	(2) (b) The operator drives the school bus only from points
9.14 	of origin to points of destination, not including home-to-school
9.15 	trips to pick up or drop off students.
9.16 	(3) (c) The operator is prohibited from using the
9.17 	eight-light system.  Violation of this clause paragraph is a
9.18 	misdemeanor.
9.19 	(4) (d) The operator's employer has adopted and implemented
9.20 	a policy that provides for annual training and certification of
9.21 	the operator in:
9.22 	(i) (1) safe operation of the type of school bus the
9.23 	operator will be driving;
9.24 	(ii) (2) understanding student behavior, including issues
9.25 	relating to students with disabilities;
9.26 	(iii) (3) encouraging orderly conduct of students on the
9.27 	bus and handling incidents of misconduct appropriately;
9.28 	(iv) (4) knowing and understanding relevant laws, rules of
9.29 	the road, and local school bus safety policies;
9.30 	(v) (5) handling emergency situations; and
9.31 	(vi) (6) safe loading and unloading of students.
9.32 	(5) (e) A background check or background investigation of
9.33 	the operator has been conducted that meets the requirements
9.34 	under section 122A.18, subdivision 8, or 123B.03 for teachers;
9.35 	section 144.057 or chapter 245C for day care employees; or
9.36 	section 171.321, subdivision 3, for all other persons operating
10.1 	a type A school bus under this paragraph subdivision.
10.2 	(6) (f) Operators shall submit to a physical examination as
10.3 	required by section 171.321, subdivision 2.
10.4 	(7) (g) The operator's driver's license is verified
10.5 	annually by the entity that owns, leases, or contracts for the
10.6 	school bus.
10.7 	(8) (h) A person who sustains a conviction, as defined
10.8 	under section 609.02, of violating section 169A.25, 169A.26,
10.9 	169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute or
10.10 	ordinance of another state is precluded from operating a school
10.11 	bus for five years from the date of conviction.
10.12 	(9) (i) A person who has ever been convicted of a
10.13 	disqualifying offense as defined in section 171.3215,
10.14 	subdivision 1, paragraph (c), may not operate a school bus under
10.15 	this paragraph subdivision.
10.16 	(10) (j) A person who sustains a conviction, as defined
10.17 	under section 609.02, of a fourth moving offense in violation of
10.18 	chapter 169 is precluded from operating a school bus for one
10.19 	year from the date of the last conviction.
10.20 	(11) (k) Students riding the school bus must have training
10.21 	required under section 123B.90, subdivision 2.
10.22 	(12) (l) An operator must be trained in the proper use of
10.23 	child safety restraints as set forth in the National Highway
10.24 	Traffic Safety Administration's "Guideline for the Safe
10.25 	Transportation of Pre-school Age Children in School Buses."
10.26 	(13) (m) Annual certification of the requirements listed in
10.27 	this paragraph subdivision must be maintained under separate
10.28 	file at the business location for each operator licensed under
10.29 	this paragraph subdivision and subdivision 2, paragraph (b),
10.30 	clause (5).  The business manager, school board, governing body
10.31 	of a nonpublic school, or any other entity that owns, leases, or
10.32 	contracts for the school bus operating under this paragraph 
10.33 	subdivision is responsible for maintaining these files for
10.34 	inspection.
10.35 	(14) (n) The school bus must bear a current certificate of
10.36 	inspection issued under section 169.451.
11.1 	(15) (o) The word "School" on the front and rear of the bus
11.2 	must be covered by a sign that reads "Activities" when the bus
11.3 	is being operated under authority of this paragraph subdivision.
11.4 		Subd. 3.Motorized bicycle. (a) No A motorized bicycle
11.5 	shall may not be operated on any public roadway by any person
11.6 	who does not possess a valid driver's license, unless the person
11.7 	has obtained a motorized bicycle operator's permit or motorized
11.8 	bicycle instruction permit from the commissioner of public
11.9 	safety.  The operator's permit may be issued to any person who
11.10 	has attained the age of 15 years and who has passed the
11.11 	examination prescribed by the commissioner.  The instruction
11.12 	permit may be issued to any person who has attained the age of
11.13 	15 years and who has successfully completed an approved safety
11.14 	course and passed the written portion of the examination
11.15 	prescribed by the commissioner.
11.16 	(b) This course must consist of, but is not limited to, a
11.17 	basic understanding of:
11.18 	(1) motorized bicycles and their limitations;
11.19 	(2) motorized bicycle laws and rules;
11.20 	(3) safe operating practices and basic operating
11.21 	techniques;
11.22 	(4) helmets and protective clothing;
11.23 	(5) motorized bicycle traffic strategies; and
11.24 	(6) effects of alcohol and drugs on motorized bicycle
11.25 	operators.
11.26 	(c) The commissioner may promulgate adopt rules prescribing
11.27 	the content of the safety course, examination, and the
11.28 	information to be contained on the permits.  A person operating
11.29 	a motorized bicycle under a motorized bicycle permit is subject
11.30 	to the restrictions imposed by section 169.974, subdivision 2,
11.31 	on operation of a motorcycle under a two-wheel instruction
11.32 	permit.
11.33 	(d) The fees for motorized bicycle operator's permits are
11.34 	as follows:
11.35 	(1) Examination and operator's permit,
11.36 	          valid for one year                     $ 6
12.1 	      (2) Duplicate                              $ 3
12.2 	      (3) Renewal permit before age 21
12.3 	          and valid until age 21                 $ 9
12.4 	      (4) Renewal permit after age 21 or older 
12.5 	          and valid for four years               $15
12.6 	      (5) Duplicate of any renewal permit        $ 4.50
12.7 	      (6) Written examination and
12.8 	          instruction permit, valid for
12.9 	          30 days                                $ 6
12.10 	Subd. 4.  [RESTRICTED COMMERCIAL DRIVER'S LICENSE.] (a) The
12.11 	commissioner may issue restricted commercial drivers' licenses
12.12 	and take the following actions to the extent that the actions
12.13 	are authorized by regulation of the United States Department of
12.14 	Transportation entitled "Waiver for Farm-Related Service
12.15 	Industries" as published in the Federal Register, April 17, 1992 
12.16 	in Code of Federal Regulations, title 49, section 383.3,
12.17 	paragraph (f):
12.18 	(1) prescribe examination requirements and other
12.19 	qualifications for the license;
12.20 	(2) prescribe classes of vehicles that may be operated by
12.21 	holders of the license;
12.22 	(3) specify commercial motor vehicle operation that is
12.23 	authorized by the license, and prohibit other commercial motor 
12.24 	vehicle operation by holders of the license; and
12.25 	(4) prescribe the period of time during which the license
12.26 	is valid.
12.27 	(b) Restricted commercial drivers' licenses are subject to
12.28 	sections 171.165 and 171.166 in the same manner as other
12.29 	commercial drivers' licenses.
12.30 	(c) Actions of the commissioner under this subdivision are
12.31 	not subject to sections 14.05 to 14.47 of the Administrative
12.32 	Procedure Act.
12.33 		Subd. 5.Exemption for certain backup snowplow drivers.
 12.34 	Pursuant to the waiver authorization set forth in Public Law
12.35 	104-59, section 345, subsection (a), paragraph (5), a person who
12.36 	operates a commercial motor vehicle for the purpose of removing
13.1 	snow or ice from a roadway by plowing, salting, or sanding is
13.2 	not required to hold a commercial driver's license if the person:
13.3 	(1) is an employee of a local unit of government with a
13.4 	population of 3,000 or less;
13.5 	(2) is operating within the boundaries of the local unit of
13.6 	government;
13.7 	(3) holds a valid class D driver's license; and
13.8 	(4) except in the event of a lawful strike, is temporarily
13.9 	replacing the employee who normally operates the vehicle but
13.10 	either is unable to operate the vehicle or is in need of
13.11 	additional assistance due to a snow emergency as determined by
13.12 	the local unit of government.

13.13 	Sec. 10. Minnesota Statutes 2004, section 171.03, is
13.14 	amended to read:
13.15 	171.03 PERSONS EXEMPT.
13.16 	The following persons are exempt from license hereunder:
13.17 	(1) (a) A person in the employ or service of the United
13.18 	States federal government is exempt while driving or operating a
13.19 	motor vehicle owned by or leased to the United States federal
13.20 	government, except that only a noncivilian operator of a
13.21 	commercial motor vehicle owned or leased by the United States
13.22 	Department of Defense or the Minnesota National Guard is exempt
13.23 	from the requirement to possess a valid commercial motor vehicle
13.24 	driver's license;.
13.25 	(b) A person in the employ or service of the United States
13.26 	federal government is exempt from the requirement to possess a
13.27 	valid class A, class B, or class C commercial driver's license
13.28 	while driving or operating for military purposes a commercial
13.29 	motor vehicle owned by or leased to the United States federal
13.30 	government if the person is:
13.31 	(1) on active duty in the U. S. Coast Guard;
13.32 	(2) on active duty in a branch of the U. S. Armed Forces,
13.33 	which includes the Army, Air Force, Navy, and Marine Corps;
13.34 	(3) a member of a reserve component of the U. S. Armed
13.35 	Forces; or 
13.36 	(4) on active duty in the Army National Guard or Air
14.1 	National Guard, which includes (i) a member on full-time
14.2 	National Guard duty, (ii) a member undergoing part-time National
14.3 	Guard training, and (iii) a National Guard military technician,
14.4 	who is a civilian required to wear a military uniform.
14.5 	The exemption provided under this paragraph does not apply to a
14.6 	U. S. Armed Forces Reserve technician.
14.7 	(2) (c) Any person while driving or operating any farm
14.8 	tractor,or implement of husbandry temporarily operated or moved 
14.9 	on a highway, and is exempt.For purposes of this section,an
14.10 	all-terrain vehicle, as defined in section 84.92, subdivision 8,
14.11 	an off-highway motorcycle, as defined in section 84.787,
14.12 	subdivision 7, and an off-road vehicle, as defined in section
14.13 	84.797, subdivision 7, are not implements of husbandry;.
14.14 	(3) (d) A nonresident who is at least 15 years of age and
14.15 	who has in immediate possession a valid driver's license issued
14.16 	to the nonresident in the home state or country may operate a
14.17 	motor vehicle in this state only as a driver;.
14.18 	(4) (e) A nonresident who has in immediate possession a
14.19 	valid commercial driver's license issued by a state or
14.20 	jurisdiction in compliance accordance with the Commercial Motor
14.21 	Vehicle Safety Act of 1986, United States Code, title 49,
14.22 	sections 521, 2304, and 2701 to 2716 standards of Code of
14.23 	Federal Regulations, title 49, part 383, and who is operating in
14.24 	Minnesota the class of commercial motor vehicle authorized by
14.25 	the issuing state;or jurisdiction is exempt.
14.26 	(5) (f) Any nonresident who is at least 18 years of age,
14.27 	whose home state or country does not require the licensing of
14.28 	drivers may operate a motor vehicle as a driver, but only for a
14.29 	period of not more than 90 days in any calendar year,if the
14.30 	motor vehicle so operated is duly registered for the current
14.31 	calendar year in the home state or country of such the 
14.32 	nonresident;.
14.33 	(6) (g) Any person who becomes a resident of the state of
14.34 	Minnesota and who has in possession a valid driver's license
14.35 	issued to the person under and pursuant to the laws of some
14.36 	other state or province jurisdiction or by military authorities
15.1 	of the United States may operate a motor vehicle as a
15.2 	driver, but only for a period of not more than 60 days after
15.3 	becoming a resident of this state,without being required to
15.4 	have a Minnesota driver's license as provided in this chapter;.
15.5 	(7) (h) Any person who becomes a resident of the state of
15.6 	Minnesota and who has in possession a valid commercial driver's
15.7 	license issued by another state or jurisdiction in
15.8 	compliance accordance with the Commercial Motor Vehicle Safety
15.9 	Act of 1986, United States Code, title 49, sections 521, 2304,
15.10 	and 2701 to 2716 standards of Code of Federal Regulations, title
15.11 	49, part 383, is exempt for not more than 30 days after becoming
15.12 	a resident of this state; and .
15.13 	(8) (i) Any person operating a snowmobile, as defined in
15.14 	section 84.81, is exempt.

15.15 	Sec. 11. Minnesota Statutes 2004, section 171.04,
15.16 	subdivision 2, is amended to read:
15.17 		Subd. 2.Disqualified operators of commercial motor 
15.18 	vehicles.  During the period of disqualification, the department
15.19 	shall not issue a class C, class B, or class A commercial 
15.20 	driver's license, including a limited license,to a person who
15.21 	has been disqualified from operating a commercial motor vehicle
15.22 	under section 171.165.

15.23 	Sec. 12. Minnesota Statutes 2004, section 171.09, is
15.24 	amended to read:
15.25 	171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.
15.26 	(a) The commissioner shall have the authority, when good
15.27 	cause appears, to may impose restrictions suitable to the
15.28 	licensee's driving ability or such other restrictions applicable
15.29 	to the licensee as the commissioner may determine to be
15.30 	appropriate to assure the safe operation of a motor vehicle by
15.31 	the licensee. The commissioner may,
15.32 	(b) Pursuant to Code of Federal Regulations, title 49,
15.33 	section 383.95, if an applicant for a commercial driver's
15.34 	license either does not successfully complete the air brake
15.35 	component of the knowledge test, or does not successfully
15.36 	complete the skills test in a vehicle equipped with air brakes
16.1 	as such tests are prescribed in Code of Federal Regulations,
16.2 	title 49, part 384, the department shall indicate on the class
16.3 	C, class B, or class A commercial driver's license, if issued,
16.4 	that the individual is restricted from operating a commercial
16.5 	motor vehicle equipped with air brakes.
16.6 	(c) Upon receiving satisfactory evidence of any violation
16.7 	of the restrictions of on the license, the commissioner may 
16.8 	suspend or revoke the license.  A license suspension under this
16.9 	section is subject to section 171.18, subdivisions 2 and 3.
16.10 	(b) (d) A person who drives, operates, or is in physical
16.11 	control of a motor vehicle while in violation of the
16.12 	restrictions imposed in a restricted driver's license issued to
16.13 	that person under paragraph (a) this section is guilty of a
16.14 	crime as follows:
16.15 	(1) if the restriction relates to the possession or
16.16 	consumption of alcohol or controlled substances, the person is
16.17 	guilty of a gross misdemeanor; or
16.18 	(2) if the restriction relates to another matter, the
16.19 	person is guilty of a misdemeanor.

16.20 	Sec. 13. Minnesota Statutes 2004, section 171.12,
16.21 	subdivision 3, is amended to read:
16.22 		Subd. 3.Application and record, when destroyed.  The
16.23 	department may cause applications for drivers' licenses,
16.24 	provisional licenses, and instruction permits, and related
16.25 	records, to be destroyed immediately after the period for which
16.26 	issued, except that:
16.27 	(1) the driver's record pertaining to revocations,
16.28 	suspensions, cancellations, disqualifications, convictions, and
16.29 	accidents shall be is cumulative and must be kept for a period
16.30 	of at least five years;
16.31 	(2) the driver's record pertaining to violations of a
16.32 	driver or vehicle out-of-service order must be kept for a period
16.33 	of at least ten years; and 
16.34 	(3) the driver's record pertaining to felony convictions in
16.35 	the commission of which a motor vehicle was used, to the
16.36 	alcohol-related offenses and licensing actions listed in section
17.1 	169A.03, subdivisions 20 and 21, and to violations of sections 
17.2 	section 169.09, to violations of section 169A.31,and to
17.3 	violations of section 171.24, subdivision 5, shall must 
17.4 	be cumulative and kept for a period of at least 15 years, except
17.5 	as provided in clause (3); and 
17.6 	(3) the driver's record pertaining to an offense, or a
17.7 	related licensing action, under section 169A.20, subdivision 1,
17.8 	clause (1) or (5), must be purged after ten years of any
17.9 	reference to the offense or action if (i) this offense or action
17.10 	involved an alcohol concentration of 0.08 or more but less than
17.11 	0.10, (ii) this offense or action was a first impaired driving
17.12 	incident, and (iii) the driver has incurred no other impaired
17.13 	driving incident during the ten-year period.  For purposes of
17.14 	this clause, "impaired driving incident" includes any incident
17.15 	that may be counted as a prior impaired driving conviction or a
17.16 	prior impaired driving-related loss of license, as defined in
17.17 	section 169A.03, subdivisions 20 and 21.  This clause does not
17.18 	apply to the driver's record of a person to whom a commercial
17.19 	driver's license has been issued retained permanently.

17.20 	Sec. 14. [171.162] COMMERCIAL DRIVER'S LICENSE, RECORDS
17.21 	CHECK.
17.22 	As required by Code of Federal Regulations, title 49,
17.23 	section 383.73, before issuing a class A, class B, or class C
17.24 	commercial driver's license, the department shall request the
17.25 	applicant's complete driving record from all states where the
17.26 	applicant was previously licensed over the last ten years to
17.27 	operate any type of motor vehicle.

17.28 	Sec. 15. Minnesota Statutes 2004, section 171.165,
17.29 	subdivision 1, is amended to read:
17.30 		Subdivision 1.first violation federal standards.
 17.31 	Subject to section 171.166, the commissioner shall disqualify a
17.32 	person from operating commercial motor vehicles for one year
17.33 	upon receiving a record of the first conviction of the person
17.34 	for committing a violation of any of the following offenses
17.35 	while operating a commercial motor vehicle:
17.36 	(1) section 169A.20 or 169A.31;
18.1 	(2) section 169.09, subdivision 1 or 2;
18.2 	(3) a felony, other than a felony described in subdivision
18.3 	3, paragraph (a), clause (2), item (ii);
18.4 	(4) driving with a revoked, suspended, canceled, denied, or
18.5 	disqualified commercial driver's license;
18.6 	(5) causing a fatality through the negligent or criminal
18.7 	operation of a commercial motor vehicle; or 
18.8 	(6) an offense committed in another state that would be
18.9 	grounds for disqualification under this subdivision or
18.10 	subdivision 2 if committed in Minnesota in accordance with the
18.11 	driver disqualifications and penalties in Code of Federal
18.12 	Regulations, title 49, part 383, subpart D and Code of Federal
18.13 	Regulations, title 49, section 384.219.

18.14 	Sec. 16. Minnesota Statutes 2004, section 171.165,
18.15 	subdivision 2, is amended to read:
18.16 		Subd. 2.Implied consent revocation.  The commissioner
18.17 	shall disqualify a person from operating commercial motor
18.18 	vehicles for one year from the effective date of a revocation
18.19 	under section 169A.52 or a statute or ordinance from another
18.20 	state or jurisdiction in conformity with it, if the person was
18.21 	driving, operating, or in physical control of a commercial motor
18.22 	vehicle at the time of the incident on which the revocation is
18.23 	based in accordance with the driver disqualifications and
18.24 	penalties in Code of Federal Regulations, title 49, part 383,
18.25 	subpart D.

18.26 	Sec. 17. Minnesota Statutes 2004, section 171.165,
18.27 	subdivision 6, is amended to read:
18.28 		Subd. 6.Exemptions. (a) A disqualification shall not be
18.29 	imposed under this section on a recreational equipment vehicle 
18.30 	operator, farmer, or firefighter authorized emergency vehicle
18.31 	operator operating a commercial motor vehicle within the scope
18.32 	of section 171.02, subdivision 2, paragraph (b).
18.33 	(b) A conviction for a violation that occurred before
18.34 	August 1, 2005, while operating a vehicle that is not a
18.35 	commercial motor vehicle shall not be counted as a first or
18.36 	subsequent violation for purposes of determining the period for
19.1 	which a driver must be disqualified under this section.

19.2 	Sec. 18. [171.167] NOTICE TO COMMERCIAL DRIVER'S LICENSE
19.3 	INFORMATION SYSTEM.
19.4 	The department shall participate fully in the commercial
19.5 	driver's license information system established under the
19.6 	Commercial Motor Vehicle Safety Act of 1986 at United States
19.7 	Code, title 49, section 31309.

19.8 	Sec. 19. REPEALER.
 19.9 	Minnesota Statutes 2004, sections 169.99, subdivision 1b;
19.10 	171.12, subdivision 6; and 171.165, subdivisions 3, 4, 4a, and
19.11 	4b, are repealed.  Minnesota Rules, part 7503.2400, is repealed.