1.1 	A bill for an act
1.2 	relating to drivers' licenses; modifying requirements for operation of motor 
1.3 	vehicle by holder of provisional license; amending Minnesota Statutes 2006, 
1.4 	section 171.055, subdivision 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read:
1.7 		Subd. 2.Use of provisional license. (a) A provisional license holder may operate a 
1.8 	motor vehicle only when every occupant under the age of 18 has a seat belt or child 
1.9 	passenger restraint system properly fastened. A person who violates this paragraph is 
1.10 	subject to a fine of $25. A peace officer may not issue a citation for a violation of this 
1.11 	paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle 
1.12 	for a moving violation as defined in section 171.04. The commissioner shall not record a 
1.13 	violation of this paragraph on a person's driving record.
1.14 	(b) A provisional license holder may not operate a vehicle while communicating 
1.15 	over, or otherwise operating, a cellular or wireless telephone, whether handheld or 
1.16 	hands free, when the vehicle is in motion. The provisional license holder may assert 
1.17 	as an affirmative defense that the violation was made for the sole purpose of obtaining 
1.18 	emergency assistance to prevent a crime about to be committed, or in the reasonable 
1.19 	belief that a person's life or safety was in danger. Violation of this paragraph is a petty 
1.20 	misdemeanor subject to section 169.89, subdivision 2.
1.21 	(c) If the holder of a provisional license during the period of provisional licensing 
1.22 	incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 
1.23 	169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more 
1.24 	than one conviction for a moving violation that is not crash related, the person may not be 
2.1 	issued a driver's license until 12 consecutive months have expired since the date of the 
2.2 	conviction or until the person reaches the age of 18 years, whichever occurs first.
2.3 	(d) During the first year after receiving the license, a provisional license holder 
2.4 	under the age of 18 is subject to restrictions as follows:
2.5 	(1) the holder of the license may not operate a motor vehicle between the hours of 
2.6 	12:00 a.m. and 5:00 a.m., except:
2.7 	(i) between home and place of employment;
2.8 	(ii) between home and a school event for which no other transportation is available;
2.9 	(iii) for employment purposes; or
2.10 	(iv) when accompanied by a licensed driver who is at least 25 years of age;
2.11 	(2) except as provided in clauses (3) and (4), for the first six months after issuance 
2.12 	of the license the holder of the license may not operate a motor vehicle that is carrying a 
2.13 	passenger under 20 years of age who is not a member of the holder's immediate family, 
2.14 	and for the second six months the holder of the license may not operate a motor vehicle 
2.15 	that is carrying more than three passengers who are under 20 years of age and who are not 
2.16 	members of the holder's immediate family;
2.17 	(3) clause (2) does not apply to the holder of a provisional driver's license who:
2.18 	(i) is employed by a farmer, orchardist, or viniculturist;
2.19 	(ii) is operating solely for employment purposes, a motor vehicle that is owned by 
2.20 	the employer;
2.21 	(iii) is transporting passengers who are employed by the same employer as the driver 
2.22 	and who are being transported solely for employment purposes;
2.23 	(iv) is not transporting more passengers than the number of available seat belts; and
2.24 	(v) has in the vehicle a written statement signed by the employer certifying that the 
2.25 	driver is employed by the employer and that there is no other option for transporting 
2.26 	the employees; and
2.27 	(4) clause (2) does not apply to the holder of a provisional driver's license who is 
2.28 	operating a motor vehicle with:
2.29 	(i) an instructor in the vehicle as part of a certified traffic safety education course; or
2.30 	(ii) a person in the vehicle who has valid driving privileges and who is the parent 
2.31 	or stepparent of the holder of the license.