HF 2207

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:00am

A bill for an act
relating to transportation; driver's licensing; specifying the waiting period for
issuance of a limited license following a nondriving violation of the no alcohol
requirement of a conditional driver's license; amending Minnesota Statutes 2008,
sections 171.09, subdivision 1; 171.30, subdivision 2a.

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

Section 1.

Minnesota Statutes 2008, 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. new text begin Following a violation of
the no alcohol requirement of a restricted driver's license, the commissioner must revoke
the violator's license for a period of 45 days if the violation does not involve driving,
operating, or being in control of a motor vehicle, or 90 days if the violation involves
driving, operating, or being in control of a motor vehicle not constituting a violation of
section 169A.20 or 609.21. new text end 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 EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, for license actions
occurring on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 171.30, subdivision 2a, is amended to read:

Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license
shall not be issued for a period of:

(1) 15 days, to a person whose license or privilege has been revoked or suspended
for a violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance
from another state in conformity with either of those sections new text begin , or, notwithstanding
section 171.04, subdivision 1, for a violation of section 171.09 involving the no alcohol
requirement of a restricted driver's license if the violation does not involve driving,
operating, or being in control of a motor vehicle new text end ;

(2) new text begin notwithstanding section 171.04, subdivision 1, 30 days to a person whose license
or privilege has been revoked or suspended for a violation of section 171.09 involving the
no alcohol requirement of a restricted driver's license, if the violation involves driving,
operating, or being in control of a motor vehicle not constituting a violation of section
169A.20 or 609.21;
new text end

new text begin (3) new text end 90 days, to a person who submitted to testing under sections 169A.50 to 169A.53
if the person's license or privilege has been revoked or suspended for a second violation
within ten years or a third or subsequent violation of section 169A.20, sections 169A.50
to 169A.53, or a statute or ordinance from another state in conformity with either of
those sections new text begin , or for new text end ;

deleted text begin (3) deleted text end new text begin (4) new text end 180 days, to a person who refused testing under sections 169A.50 to 169A.53
if the person's license or privilege has been revoked or suspended for a second violation
within ten years or a third or subsequent violation of sections 169A.20, 169A.50 to
169A.53, or a statute or ordinance from another state in conformity with either of those
sections; or

deleted text begin (4) deleted text end new text begin (5) new text end one year, to a person whose license or privilege has been revoked or
suspended for committing manslaughter resulting from the operation of a motor vehicle,
committing criminal vehicular homicide or injury under section 609.21, or violating a
statute or ordinance from another state in conformity with either of those offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, for license actions
occurring on or after that date.
new text end

Sec. 3. new text begin ADMINISTRATIVE RULES.
new text end

new text begin Any administrative rules in conflict with this act are hereby null and void.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end