HF 106

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; making seat belt violation a primary offense in
all seating positions regardless of age; making technical changes; amending
Minnesota Statutes 2006, sections 169.686, subdivision 1; 171.05, subdivision
2b; 171.055, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 169.686, subdivision 1, is amended to read:

Subdivision 1.

Seat belt requirement.

(a) A properly adjusted and fastened seat
belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be
worn by deleted text begin :
deleted text end

deleted text begin (1) deleted text end the driver new text begin and passengers new text end of a passenger vehicle or commercial motor vehicle deleted text begin ;
deleted text end

deleted text begin (2) a passenger riding in the front seat of a passenger vehicle or commercial motor
vehicle; and
deleted text end

deleted text begin (3) a passenger riding in any seat of a passenger vehicle who is older than three
but younger than 11 years of age deleted text end .

(b) A person who is 15 years of age or older and who violates paragraph (a) deleted text begin , clause
(1) or (2), deleted text end is subject to a fine of $25. The driver of the deleted text begin passenger vehicle or commercial
motor deleted text end vehicle in which the violation occurred is subject to a $25 fine for a violation of
paragraph (a) deleted text begin , clause (2) or (3), deleted text end by a deleted text begin child of the driver deleted text end new text begin passenger new text end under the age of 15
deleted text begin or any child under the age of 11. A peace officer may not issue a citation for a violation
of this section unless the officer lawfully stopped or detained the driver of the motor
vehicle for a moving violation other than a violation involving motor vehicle equipment deleted text end .
The Department of Public Safety shall not record a violation of this subdivision on a
person's driving record.

Sec. 2.

Minnesota Statutes 2006, section 171.05, subdivision 2b, is amended to read:

Subd. 2b.

Instruction permit use by person under age 18.

(a) This subdivision
applies to persons who have applied for and received an instruction permit under
subdivision 2.

(b) The permit holder may, with the permit in possession, operate a motor vehicle,
but must be accompanied by and be under the supervision of a certified driver education
instructor, the permit holder's parent or guardian, or another licensed driver age 21 or
older. The supervisor must occupy the seat beside the permit holder.

deleted text begin (c) The permit holder may operate a motor vehicle only when every occupant under
the age of 18 has a seat belt or child passenger restraint system properly fastened. A
person who violates this paragraph is subject to a fine of $25. A peace officer may
not issue a citation for a violation of this paragraph unless the officer lawfully stopped
or detained the driver of the motor vehicle for a moving violation as defined in section
171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on
a person's driving record.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end The permit holder may not operate a vehicle while communicating over, or
otherwise operating, a cellular or wireless telephone, whether handheld or hands free,
when the vehicle is in motion. The permit holder may assert as an affirmative defense that
the violation was made for the sole purpose of obtaining emergency assistance to prevent
a crime about to be committed, or in the reasonable belief that a person's life or safety
was in danger. Violation of this paragraph is a petty misdemeanor subject to section
169.89, subdivision 2.

deleted text begin (e) deleted text end new text begin (d) new text end The permit holder must maintain a driving record free of convictions for
moving violations, as defined in section 171.04, subdivision 1, and free of convictions
for violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If
the permit holder drives a motor vehicle in violation of the law, the commissioner shall
suspend, cancel, or revoke the permit in accordance with the statutory section violated.

Sec. 3.

Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read:

Subd. 2.

Use of provisional license.

deleted text begin (a) A provisional license holder may operate a
motor vehicle only when every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who violates this paragraph is
subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
for a moving violation as defined in section 171.04. The commissioner shall not record a
violation of this paragraph on a person's driving record.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end A provisional license holder may not operate a vehicle while communicating
over, or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion. The provisional license holder may assert
as an affirmative defense that the violation was made for the sole purpose of obtaining
emergency assistance to prevent a crime about to be committed, or in the reasonable
belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.

deleted text begin (c) deleted text end new text begin (b) new text end If the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
than one conviction for a moving violation that is not crash related, the person may not be
issued a driver's license until 12 consecutive months have expired since the date of the
conviction or until the person reaches the age of 18 years, whichever occurs first.