HF 2877

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2012 11:41am

A bill for an act
relating to public safety; drivers' licenses; allowing provisional driver license
holder to carry passengers when driving for employment purposes; amending
Minnesota Statutes 2010, section 171.055, subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 171.055, subdivision 2, is amended to read:

Subd. 2.

Use of provisional license.

(a) A provisional license holder may not
operate a vehicle while communicating over, or otherwise operating, a cellular or wireless
telephone, whether handheld or hands free, when the vehicle is in motion. The provisional
license holder may assert as an affirmative defense that the violation was made for the
sole purpose of obtaining emergency assistance to prevent a crime about to be committed,
or in the reasonable belief that a person's life or safety was in danger. Violation of this
paragraph is a petty misdemeanor subject to section 169.89, subdivision 2.

(b) 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.

(c) For the first six months of provisional licensure, a provisional license holder may
not operate a motor vehicle carrying more than one passenger under the age of 20 years
who is not a member of the holder's immediate family. For the second six months, the
holder of the license may not operate a motor vehicle that is carrying more than three
passengers who are under the age of 20 years and who are not members of the holder's
immediate family. This paragraph does not apply if the provisional license holder is
accompanied by a parent or guardian new text begin , or if the provisional license holder is driving for
employment purposes new text end .

(d) For the first six months of provisional licensure, a provisional license holder
may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when
the license holder is:

(1) driving between the license holder's home and place of employment;

(2) driving between the license holder's home and a school event for which the
school has not provided transportation;

(3) driving for employment purposes; or

(4) accompanied by a licensed driver at least 25 years of age.