HF 2167

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

A bill for an act
relating to drivers' licenses; establishing novice
driver safety education program; modifying provisions
related to driver instruction permits and provisional
drivers' licenses; appropriating money; amending
Minnesota Statutes 2004, sections 171.05, subdivision
2; 171.055, subdivision 2; 171.06, by adding a
subdivision; proposing coding for new law in Minnesota
Statutes, chapter 121A.

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

Section 1.

new text begin [121A.37] NOVICE DRIVER SAFETY EDUCATION
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Established; administration; rules. new text end

new text begin A
novice driver safety education program is established. The
commissioners of public safety and education shall administer
the program. The program must include but is not limited to
training novice driver safety instructors and developing novice
driver safety curriculum.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation. new text end

new text begin (a) All funds in the novice
driver safety fund created by section 171.06, subdivision 2c,
are hereby annually appropriated to the commissioner of public
safety to carry out the purposes of subdivision 1. The
commissioner of public safety may make grants from the fund to
the commissioner of education at times and in amounts the
commissioner of public safety considers necessary to carry out
the purposes of subdivision 1.
new text end

new text begin (b) Of the money appropriated under paragraph (a), not more
than five percent may be expended to defray the administrative
costs of carrying out the purposes of subdivision 1.
new text end

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 homeschool diploma, the student's
status as a homeschool 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 new text begin either (i) new text end completed the classroom phase of
instruction in the driver education program new text begin or (ii) enrolled in
a concurrent driver education program that utilizes simulation
or behind-the-wheel instruction approved by the Department of
Public Safety and completed 15 hours of classroom instruction
and one behind-the-wheel lesson with an instructor before
driving with any other licensed adult, who must be 21 years of
age or older new text end ;

(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 one year 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.

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 18 has a seat belt or child passenger
restraint system properly fastened. A person who violates this
paragraph is subject to a fine of $25. 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.
The commissioner shall not record a violation of this paragraph
on a person's driving record.

(b) new text begin A provisional license holder may not drive with more
than two passengers except when:
new text end

new text begin (1) accompanied by an immediate family member who is 21
years of age or older;
new text end

new text begin (2) accompanied by an adult who is 25 years of age or
older; or
new text end

new text begin (3) the holder has in possession a signed statement from
the holder's parent or guardian authorizing the holder to
operate a motor vehicle with more than two passengers.
new text end

new text begin (c) A provisional license holder may not drive between
12:00 a.m. and 5:00 a.m. except when:
new text end

new text begin (1) accompanied by a parent or guardian;
new text end

new text begin (2) accompanied by a family member who is 21 years of age
or older;
new text end

new text begin (3) accompanied by a designated adult who is 25 years of
age or older; or
new text end

new text begin (4) the holder has in possession a signed statement from
the holder's parent or guardian authorizing the holder to
operate a motor vehicle between 12:00 a.m. and 5:00 a.m.
new text end

new text begin (d) new text end 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, 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.

Sec. 4.

Minnesota Statutes 2004, section 171.06, is
amended by adding a subdivision to read:

new text begin Subd. 2c. new text end

new text begin Instruction permit fee increased. new text end

new text begin (a) The fee
for the initial instruction permit is increased by $9. The
additional fee must be paid into the state treasury and credited
as follows:
new text end

new text begin (1) $8 of the additional fee must be credited to the novice
driver safety fund, which is hereby created, provided that any
fee receipts in excess of $500,000 in a fiscal year must be
credited 90 percent to the trunk highway fund and ten percent to
the general fund, as provided in section 171.26; and
new text end

new text begin (2) the remainder of the additional fee must be credited to
the general fund.
new text end

new text begin (b) All application forms prepared by the commissioner for
instruction permits must clearly state the amount of the total
fee that is dedicated to the novice driver safety fund.
new text end