HF 2082

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to drivers' licenses; modifying driver's license provisions relating to
alcohol-abstinence restrictions; amending Minnesota Statutes 2006, sections
171.09, subdivision 1; 171.12, subdivision 6; 171.30, subdivision 4.

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

Section 1.

Minnesota Statutes 2006, section 171.09, subdivision 1, is amended to read:

Subdivision 1.

Authority; violations.

(a) The commissioner, when good cause
appears, may impose restrictions suitable to the licensee's driving ability or other
restrictions applicable to the licensee as the commissioner may determine to be appropriate
to assure the safe operation of a motor vehicle by the licensee.

(b) Pursuant to Code of Federal Regulations, title 49, section 383.95, if an applicant
for a commercial driver's license either does not successfully complete the air brake
component of the knowledge test, or does not successfully complete the skills test
in a vehicle equipped with air brakes as such tests are prescribed in Code of Federal
Regulations, title 49, part 384, the department shall indicate on the class C, class B,
or class A commercial driver's license, if issued, that the individual is restricted from
operating a commercial motor vehicle equipped with air brakes.

(c) Upon receiving satisfactory evidence of any violation of the restrictions on the
license, the commissioner may suspend or revoke the license. A license suspension under
this section is subject to section 171.18, subdivisions 2 and 3.

(d) A person who drives, operates, or is in physical control of a motor vehicle while
in violation of the restrictions imposed in a restricted driver's license issued to that person
under this section is guilty of a crime as follows:

(1) if the restriction relates to the possession or consumption of alcohol or controlled
substances, the person is guilty of a gross misdemeanor; or

(2) if the restriction relates to another matter, the person is guilty of a misdemeanor.

new text begin (e) However, if a person is found to be in violation of paragraph (d), clause (1),
solely because a test of the person's blood, breath, or urine showed the person's alcohol
concentration was 0.02 or less, in violation of an alcohol-abstinence restriction, the
commissioner shall issue, without a waiting period being required under section 171.30,
to the violator a restricted, limited license for work purposes under section 171.30,
subdivision 1, paragraph (a), clause (1).
new text end

new text begin (f) The commissioner shall issue a driver's license that does not show the
alcohol-abstinence restriction to a person if the person has abstained from alcohol for
seven consecutive years, as documented according to rules of the commissioner.
new text end

Sec. 2.

Minnesota Statutes 2006, section 171.12, subdivision 6, is amended to read:

Subd. 6.

Certain convictions not recorded.

(a) Except as provided in paragraph
deleted text begin (b) deleted text end new text begin (c) new text end , the department shall not keep on the record of a driver any conviction for a
violation of a speed limit of 55 or 60 miles per hour unless the violation consisted of a
speed greater than ten miles per hour in excess of a 55 miles per hour speed limit, or more
than five miles per hour in excess of a 60 miles per hour speed limit.

new text begin (b) Except as provided in paragraph (c), the department shall not keep on the record
of a driver any conviction for a violation described in section 171.09, subdivision 1,
paragraph (e).
new text end

deleted text begin (b) deleted text end new text begin (c) new text end This subdivision does not apply to (1) a violation that occurs in a commercial
motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
driver's license, without regard to whether the violation was committed in a commercial
motor vehicle or another vehicle.

Sec. 3.

Minnesota Statutes 2006, section 171.30, subdivision 4, is amended to read:

Subd. 4.

Penalty.

A person who violates a condition or limitation of a limited
license issued under subdivision 1 or fails to have the license in immediate possession
at all times when operating a motor vehicle is guilty of a misdemeanor. In addition, a
person who violates a condition or limitation of a limited license may not operate a motor
vehicle for the remainder of the period of suspension or revocation, or 30 days, whichever
is longer new text begin ; provided that, if the person commits a violation described in section 171.09,
subdivision 1, paragraph (e), the commissioner shall issue, without a waiting period being
required under this subdivision or section 171.30, to the violator a restricted, limited
license for work purposes under section 171.30, subdivision 1, paragraph (a), clause (1) new text end .