as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to drivers' licenses; changing codes for two 1.3 types of driver's license; amending Minnesota Statutes 1.4 1994, sections 171.02, subdivision 2; 171.04, 1.5 subdivision 2; 171.05, subdivision 1; 171.06, 1.6 subdivision 3; 171.07, subdivisions 1b, 2, and 3a; 1.7 171.165, subdivision 5; and 171.321, subdivision 1; 1.8 Minnesota Statutes 1995 Supplement, sections 171.02, 1.9 subdivision 2a; 171.06, subdivision 2; and 171.30, 1.10 subdivision 3. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. Minnesota Statutes 1994, section 171.02, 1.13 subdivision 2, is amended to read: 1.14 Subd. 2. [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 1.15 EXEMPTIONS.] Drivers' licenses shall be classified according to 1.16 the types of vehicles which may be driven by the holder of each 1.17 type or class of license. The commissioner may, as appropriate, 1.18 subdivide the classes listed in this subdivision and issue 1.19 licenses classified accordingly. No class of license shall be 1.20 valid to operate a motorcycle, school bus, tank vehicle, 1.21 double-trailer or triple-trailer combination, vehicle 1.22 transporting hazardous materials, or bus, unless so endorsed. 1.23 There shall be four general classes of licenses as follows: 1.24 (a) Class
CD; valid for: 1.25 (1) all farm trucks operated by (i) the owner, (ii) an 1.26 immediate family member of the owner, (iii) an employee of the 1.27 owner not primarily employed to operate the farm truck, within 1.28 150 miles of the farm, or (iv) an employee of the owner employed 2.1 during harvest to operate the farm truck for the first, 2.2 continuous transportation of agricultural products from the 2.3 production site or on-farm storage site to any other location 2.4 within 50 miles of that site; 2.5 (2) fire trucks and emergency fire equipment, whether or 2.6 not in excess of 26,000 pounds gross vehicle weight, operated by 2.7 a firefighter while on duty, or a tiller operator employed by a 2.8 fire department who drives the rear portion of a midmount aerial 2.9 ladder truck; 2.10 (3) recreational equipment as defined in section 168.011, 2.11 subdivision 25, that is operated for personal use; and 2.12 (4) all single unit vehicles except vehicles with a gross 2.13 vehicle weight of more than 26,000 pounds, vehicles designed to 2.14 carry more than 15 passengers including the driver, and vehicles 2.15 that carry hazardous materials. 2.16 The holder of a class CD license may also tow vehicles if 2.17 the combination of vehicles has a gross vehicle weight of 26,000 2.18 pounds or less. 2.19 (b) Class CCC; valid for: 2.20 (1) operating class CD vehicles; 2.21 (2) with a hazardous materials endorsement, transporting 2.22 hazardous materials in class CD vehicles; and 2.23 (3) with a school bus endorsement, operating school buses 2.24 designed to transport 15 or fewer passengers, including the 2.25 driver. 2.26 (c) Class B; valid for all vehicles in class C, class CCD, 2.27 and all other single unit vehicles including, with a passenger 2.28 endorsement, buses. The holder of a class B license may tow 2.29 only vehicles with a gross vehicle weight of 10,000 pounds or 2.30 less. 2.31 (d) Class A; valid for any vehicle or combination thereof. 2.32 Sec. 2. Minnesota Statutes 1995 Supplement, section 2.33 171.02, subdivision 2a, is amended to read: 2.34 Subd. 2a. [EXCEPTIONS.] Notwithstanding subdivision 2, (1) 2.35 a hazardous materials endorsement is not required to operate a 2.36 vehicle having a gross vehicle weight of 26,000 pounds or less 3.1 while carrying in bulk tanks a total of not more than 200 3.2 gallons of petroleum products and (2) a class CCC license or 3.3 hazardous materials endorsement is not required to operate a 3.4 farm vehicle as defined in Code of Federal Regulations, title 3.5 49, section 390.5, having a gross vehicle weight of 26,000 3.6 pounds or less while carrying in bulk tanks a total of not more 3.7 than 1,500 gallons of liquid fertilizer. 3.8 Sec. 3. Minnesota Statutes 1994, section 171.04, 3.9 subdivision 2, is amended to read: 3.10 Subd. 2. [DISQUALIFIED OPERATORS OF COMMERCIAL VEHICLES.] 3.11 During the period of disqualification, the department shall not 3.12 issue a class CCC, class B, or class A driver's license to a 3.13 person who has been disqualified from operating a commercial 3.14 motor vehicle under section 171.165. 3.15 Sec. 4. Minnesota Statutes 1994, section 171.05, 3.16 subdivision 1, is amended to read: 3.17 Subdivision 1. [PERSONS 18 OR MORE YEARS OF AGE.] Any 3.18 person who is 18 or more years of age and who, except for a lack 3.19 of instruction in operating a motor vehicle, would otherwise be 3.20 qualified to obtain a Class CD driver's license under this 3.21 chapter, may apply for an instruction permit and the department 3.22 shall issue such permit entitling the applicant, while having 3.23 such permit in immediate possession, to drive a motor vehicle 3.24 for which a Class CD license is valid upon the highways for a 3.25 period of one year, but such person must be accompanied by an 3.26 adult licensed driver who is actually occupying a seat beside 3.27 the driver. Any license of a lower class may be used as an 3.28 instruction permit for a higher class for a period of six months 3.29 after passage of the written test or tests required for the 3.30 higher class and when the licensee is accompanied by and 3.31 receiving instruction from a holder of the appropriate higher 3.32 class license. A copy of the record of examination taken for 3.33 the higher class license must be carried by the driver while 3.34 using such lower class license as an instruction permit. 3.35 Sec. 5. Minnesota Statutes 1995 Supplement, section 3.36 171.06, subdivision 2, is amended to read: 4.1 Subd. 2. [FEES.] (a) The fees for a license and Minnesota 4.2 identification card are as follows: 4.3 Classified Driver License C-$18.50 CC-$22.50B-$29.50 A-$37.50 4.4 D-$18.50 C-$22.50 4.5 Classified Under 21 D.L. C-$18.50 CC-$22.50B-$29.50 A-$17.50 4.6 D-$18.50 C-$22.50 4.7 Instruction Permit $ 9.50 4.8 Duplicate Driver or Under 21 License or 4.9 duplicate identification card $ 8.00 4.10 Minnesota identification card other than duplicate, 4.11 except as otherwise provided in section 171.07, 4.12 subdivisions 3 and 3a $12.50 4.13 Sec. 6. Minnesota Statutes 1994, section 171.06, 4.14 subdivision 3, is amended to read: 4.15 Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] An 4.16 application must state the full name, date of birth, sex and 4.17 residence address of the applicant, a description of the 4.18 applicant in such manner as the commissioner may require, and 4.19 must state whether or not the applicant has theretofore been 4.20 licensed as a driver; and, if so, when and by what state or 4.21 country and whether any such license has ever been suspended or 4.22 revoked, or whether an application has ever been refused; and, 4.23 if so, the date of and reason for such suspension, revocation, 4.24 or refusal, together with such facts pertaining to the applicant 4.25 and the applicant's ability to operate a motor vehicle with 4.26 safety as may be required by the commissioner. An application 4.27 for a Class CCC, Class B, or Class A driver's license also must 4.28 state the applicant's social security number. An application 4.29 for a Class CD driver's license must have a space for the 4.30 applicant's social security number and state that providing the 4.31 number is optional, or otherwise convey that the applicant is 4.32 not required to enter the social security number. The 4.33 application form must contain a space where the applicant may 4.34 indicate a desire to make an anatomical gift. If the applicant 4.35 does not indicate a desire to make an anatomical gift when the 4.36 application is made, the applicant must be offered a donor 5.1 document in accordance with section 171.07, subdivision 5. The 5.2 application form must contain statements sufficient to comply 5.3 with the requirements of the uniform anatomical gift act (1987), 5.4 sections 525.921 to 525.9224, so that execution of the 5.5 application or donor document will make the anatomical gift as 5.6 provided in section 171.07, subdivision 5, for those indicating 5.7 a desire to make an anatomical gift. The application form must 5.8 contain a notification to the applicant of the availability of a 5.9 living will designation on the license under section 171.07, 5.10 subdivision 7. The application must be in the form prepared by 5.11 the commissioner. 5.12 The application form must be accompanied by a pamphlet 5.13 containing relevant facts relating to: 5.14 (1) the effect of alcohol on driving ability; 5.15 (2) the effect of mixing alcohol with drugs; 5.16 (3) the laws of Minnesota relating to operation of a motor 5.17 vehicle while under the influence of alcohol or a controlled 5.18 substance; and 5.19 (4) the levels of alcohol-related fatalities and accidents 5.20 in Minnesota and of arrests for alcohol-related violations. 5.21 The application form must also be accompanied by a pamphlet 5.22 describing Minnesota laws regarding anatomical gifts and the 5.23 need for and benefits of anatomical gifts. 5.24 Sec. 7. Minnesota Statutes 1994, section 171.07, 5.25 subdivision 1b, is amended to read: 5.26 Subd. 1b. [COMMERCIAL DRIVER'S LICENSE.] Each class CCC, 5.27 class B, or class A driver's license must be clearly marked 5.28 "Minnesota Commercial Driver's License." 5.29 Sec. 8. Minnesota Statutes 1994, section 171.07, 5.30 subdivision 2, is amended to read: 5.31 Subd. 2. [LIMITATIONS ON ISSUING LICENSES.] The department 5.32 shall not issue a Class B or Class A license to anyone who does 5.33 not have or has not qualified for a Class CD license. A Class 5.34 A license shall not be issued to anyone under 18 years of age. 5.35 Sec. 9. Minnesota Statutes 1994, section 171.07, 5.36 subdivision 3a, is amended to read: 6.1 Subd. 3a. [IDENTIFICATION CARDS FOR SENIORS.] A Minnesota 6.2 identification card issued to an applicant 65 years of age or 6.3 over shall be of a distinguishing color and plainly marked 6.4 "senior." The fee for the card issued to an applicant 65 years 6.5 of age or over shall be one half the required fee for a class C6.6 D driver's license. A Minnesota identification card or a 6.7 Minnesota driver's license issued to a person 65 years of age or 6.8 over shall be valid identification for the purpose of qualifying 6.9 for reduced rates, free licenses or services provided by any 6.10 board, commission, agency or institution that is wholly or 6.11 partially funded by state appropriations. 6.12 Sec. 10. Minnesota Statutes 1994, section 171.165, 6.13 subdivision 5, is amended to read: 6.14 Subd. 5. [RULES.] The commissioner shall adopt rules to 6.15 administer this section. The rules must include procedures for 6.16 issuing class CD licenses to persons who have been disqualified 6.17 from operating commercial motor vehicles but whose drivers' 6.18 licenses have not otherwise been revoked, suspended, canceled, 6.19 or denied. 6.20 Sec. 11. Minnesota Statutes 1995 Supplement, section 6.21 171.30, subdivision 3, is amended to read: 6.22 Subd. 3. [CONDITIONS ON ISSUANCE.] The commissioner shall 6.23 issue a limited license restricted to the vehicles whose 6.24 operation is permitted only under a Class A, Class B, or Class 6.25 CCC license whenever a Class A, Class B, or Class CCC license 6.26 has been suspended under section 171.18, or revoked under 6.27 section 171.17, for violation of the highway traffic regulation 6.28 act committed in a private passenger motor vehicle. This 6.29 subdivision shall not apply to any persons described in section 6.30 171.04, subdivision 1, clauses (4), (5), (6), (8), (9), and 6.31 (11), or any person whose license or privilege has been 6.32 suspended or revoked for a violation of section 169.121 or 6.33 169.123, or a statute or ordinance from another state in 6.34 conformity with either of those sections. 6.35 Sec. 12. Minnesota Statutes 1994, section 171.321, 6.36 subdivision 1, is amended to read: 7.1 Subdivision 1. [ENDORSEMENT.] No person shall drive a 7.2 school bus when transporting school children to or from school 7.3 or upon a school related trip or activity without having a valid 7.4 class A, class B, or class CCC driver's license with a school 7.5 bus endorsement except that a person possessing a valid driver's 7.6 license but not a school bus endorsement may drive a vehicle 7.7 with a seating capacity of ten or less persons used as a school 7.8 bus but not outwardly equipped or identified as a school bus.