HF 1087

as introduced - 84th Legislature (2005 - 2006) 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; increasing the fine for seat belt
violations; making technical changes; amending
Minnesota Statutes 2004, 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 2004, 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 deleted text begin $25 deleted text end new text begin $50 new text end . 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
deleted text begin $25 deleted text end new text begin $50 new text end 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 2004, 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.

(c) The permit holder may operate a motor vehicle only when
every occupant under the age of deleted text begin 18 deleted text end new text begin 15 new text end has a seat belt or child
passenger restraint system properly fastened new text begin according to
sections 169.685 and 169.686 new text end . A person who violates this
paragraph is subject to a fine of deleted text begin $25 deleted text end new text begin $50 new text end . deleted text begin 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 deleted text end new text begin A passenger who is at least 15 years of age is
subject to the requirements and penalty of section 169.686 new text end . The
commissioner shall not record a violation of this paragraph on a
person's driving record.

(d) 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 2004, section 171.055,
subdivision 2, is amended to read:

Subd. 2.

Use of provisional license.

(a) A provisional
license holder may operate a motor vehicle only when every
occupant under the age of deleted text begin 18 deleted text end new text begin 15 new text end has a seat belt or child
passenger restraint system properly fastened new text begin according to
sections 169.685 and 169.686 new text end . A person who violates this
paragraph is subject to a fine of deleted text begin $25 deleted text end new text begin $50 new text end . deleted text begin 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. deleted text end new text begin A
passenger who is at least 15 years of age is subject to the
requirements and penalty of section 169.686. new text end The commissioner
shall not record a violation of this paragraph on a person's
driving record.

(b) 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 new text begin as defined in section 171.04 new text end , 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.