HF 1779

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; restricting use of 
  1.3             provisional driver's license; amending Minnesota 
  1.4             Statutes 2002, section 171.055, subdivision 2.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 171.055, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) A provisional 
  1.9   license holder may operate a motor vehicle only when every 
  1.10  occupant under the age of 18 has a seat belt or child passenger 
  1.11  restraint system properly fastened.  A person who violates this 
  1.12  paragraph is subject to a fine of $25.  A peace officer may not 
  1.13  issue a citation for a violation of this paragraph unless the 
  1.14  officer lawfully stopped or detained the driver of the motor 
  1.15  vehicle for a moving violation as defined in section 171.04.  
  1.16  The commissioner shall not record a violation of this paragraph 
  1.17  on a person's driving record. 
  1.18     (b) A provisional license holder may not: 
  1.19     (1) operate a motor vehicle between the hours of 11:00 p.m. 
  1.20  and 5:00 a.m. unless the operator is accompanied by the 
  1.21  operator's parent or guardian, or is driving to or from the 
  1.22  operator's job or an activity sponsored by a school or religious 
  1.23  organization; or 
  1.24     (2) operate a motor vehicle with more than one passenger 
  1.25  under the age of 18 unless the vehicle contains at least one 
  2.1   other passenger age 21 or over.  
  2.2      (c) If the holder of a provisional license during the 
  2.3   period of provisional licensing incurs (1) a conviction for a 
  2.4   violation of section 169A.20, 169A.33, 169A.35, or sections 
  2.5   169A.50 to 169A.53, (2) a conviction for a crash-related moving 
  2.6   violation, or (3) more than one conviction for a moving 
  2.7   violation that is not crash related, or (4) a conviction for 
  2.8   violating paragraph (b), the person may not be issued a driver's 
  2.9   license until 12 consecutive months have expired since the date 
  2.10  of the conviction or until the person reaches the age of 18 
  2.11  years, whichever occurs first.