HF 1351

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to drivers' licenses; providing for two-year
driving permits; making clarifying changes; amending
Minnesota Statutes 2004, section 171.05, subdivisions
1, 2.

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

Section 1.

Minnesota Statutes 2004, section 171.05,
subdivision 1, is amended to read:

Subdivision 1.

Person 18 or more years of age.

new text begin (a) new text end Any
person who is 18 or more years of age and who, except for a lack
of instruction in operating a motor vehicle, would otherwise be
qualified to obtain a class D driver's license under this
chapter, may apply for an instruction permit and the department
shall issue deleted text begin such deleted text end new text begin the new text end permit deleted text begin entitling deleted text end new text begin . The instruction permit
entitles new text end the applicant deleted text begin , while having such permit in immediate
possession, deleted text end to drive a motor vehicle for which a class D license
is valid upon the highways for a period of deleted text begin one year, but such
person must be deleted text end new text begin two years if the permit holder:
new text end

new text begin (1) has the permit in immediate possession; and
new text end

new text begin (2) is driving the vehicle while new text end accompanied by an adult
licensed driver who is actually occupying a seat beside the
driver.

new text begin (b) new text end Any license of a lower class may be used as an
instruction permit deleted text begin for deleted text end new text begin to operate a vehicle requiring new text end a higher
class new text begin license new text end for a period of six months after passage of the
written test or tests required for the higher class and when the
licensee is accompanied by and receiving instruction from a
holder of the appropriate higher class license. A copy of the
record of examination taken for the higher class license must be
carried by the driver while using deleted text begin such deleted text end new text begin the new text end lower class license
as an instruction permit.

Sec. 2.

Minnesota Statutes 2004, section 171.05,
subdivision 2, is amended to read:

Subd. 2.

Person less than 18 years of age.

(a)
Notwithstanding any provision in subdivision 1 to the contrary,
the department may issue an instruction permit to an applicant
who is 15, 16, or 17 years of age and who:

(1) has completed a course of driver education in another
state, has a previously issued valid license from another state,
or is enrolled in either:

(i) a public, private, or commercial driver education
program that is approved by the commissioner of public safety
and that includes classroom and behind-the-wheel training; or

(ii) an approved behind-the-wheel driver education program
when the student is receiving full-time instruction in a home
school within the meaning of sections 120A.22 and 120A.24, the
student is working toward a home-school diploma, the student's
status as a home-school student has been certified by the
superintendent of the school district in which the student
resides, and the student is taking home-classroom driver
training with classroom materials approved by the commissioner
of public safety;

(2) has completed the classroom phase of instruction in the
driver education program;

(3) has passed a test of the applicant's eyesight;

(4) has passed a department-administered test of the
applicant's knowledge of traffic laws;

(5) has completed the required application, which must be
approved by (i) either parent when both reside in the same
household as the minor applicant or, if otherwise, then (ii) the
parent or spouse of the parent having custody or, in the event
there is no court order for custody, then (iii) the parent or
spouse of the parent with whom the minor is living or, if items
(i) to (iii) do not apply, then (iv) the guardian having custody
of the minor or, in the event a person under the age of 18 has
no living father, mother, or guardian, or is married or
otherwise legally emancipated, then (v) the applicant's adult
spouse, adult close family member, or adult employer; provided,
that the approval required by this clause contains a
verification of the age of the applicant and the identity of the
parent, guardian, adult spouse, adult close family member, or
adult employer; and

(6) has paid the fee required in section 171.06,
subdivision 2.

(b) The instruction permit is valid for deleted text begin one year deleted text end new text begin two years
new text end from the date of application and may be renewed upon payment of
a fee equal to the fee for issuance of an instruction permit
under section 171.06, subdivision 2.