HF 3319

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; combining 
  1.3             responsibility for all driver education programs with 
  1.4             commissioner of public safety; regulating 
  1.5             satisfactions of judgment on automobile liability 
  1.6             claims; allowing drivers' license to be renewed within 
  1.7             five years of expiration without written examination; 
  1.8             abolishing ignition interlock pilot program; making 
  1.9             clarifying and technical changes; amending Minnesota 
  1.10            Statutes 1998, sections 171.183, subdivision 1; and 
  1.11            171.27; Minnesota Statutes 1999 Supplement, sections 
  1.12            169.974, subdivision 2; and 171.05, subdivision 2; 
  1.13            repealing Minnesota Statutes 1998, section 171.305; 
  1.14            Minnesota Rules, parts 7409.3700; 7409.3710; 
  1.15            7409.3720; 7409.3730; 7409.3740; 7409.3750; 7409.3760; 
  1.16            and 7409.3770. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.19  169.974, subdivision 2, is amended to read: 
  1.20     Subd. 2.  [LICENSE ENDORSEMENT AND PERMIT REQUIREMENTS.] 
  1.21  (a) No person shall operate a motorcycle on any street or 
  1.22  highway without having a valid standard driver's license with a 
  1.23  two-wheeled vehicle endorsement as provided by law.  No such The 
  1.24  commissioner of public safety shall issue a two-wheeled vehicle 
  1.25  endorsement shall be issued unless the person applying 
  1.26  therefor only if the applicant (1) has in possession a valid 
  1.27  two-wheeled vehicle instruction permit as provided herein in 
  1.28  paragraph (b), (2) has passed a written examination and road 
  1.29  test administered by the department of public safety for such 
  1.30  the endorsement, and, (3) in the case of applicants under 18 
  1.31  years of age, shall present presents a certificate or other 
  2.1   evidence of having successfully completed an approved 
  2.2   two-wheeled vehicle driver's safety course in this or another 
  2.3   state, in accordance with rules promulgated adopted by the 
  2.4   commissioner of children, families, and learning for courses 
  2.5   offered through the public schools, or rules promulgated by the 
  2.6   commissioner of public safety for courses offered by a public, 
  2.7   private, or commercial school or institute.  The commissioner of 
  2.8   public safety may waive the road test for any applicant on 
  2.9   determining that the applicant possesses a valid license to 
  2.10  operate a two-wheeled vehicle issued by a jurisdiction that 
  2.11  requires a comparable road test for license issuance.  
  2.12     (b) The commissioner of public safety shall issue a 
  2.13  two-wheeled vehicle instruction permit shall be issued to any 
  2.14  person over 16 years of age, who (1) is in possession of a valid 
  2.15  driver's license, who (2) is enrolled in an approved two-wheeled 
  2.16  vehicle driver's safety course, and who (3) has passed a written 
  2.17  examination for such the permit and has paid such a fee as 
  2.18  prescribed by the commissioner of public safety shall 
  2.19  prescribe.  A two-wheeled vehicle instruction permit shall be is 
  2.20  effective for one year, and may be renewed under rules to be 
  2.21  prescribed by the commissioner of public safety. 
  2.22     (c) No person who is operating by virtue of a two-wheeled 
  2.23  vehicle instruction permit shall: 
  2.24     (a) (1) carry any passengers on the streets and highways of 
  2.25  this state on the motorcycle which while the person is operating 
  2.26  the motorcycle; 
  2.27     (b) (2) drive the motorcycle at nighttime night-time; 
  2.28     (c) (3) drive the motorcycle on any highway marked by the 
  2.29  commissioner as an interstate highway pursuant to title 23 of 
  2.30  the United States Code; or 
  2.31     (d) (4) drive the motorcycle without wearing protective 
  2.32  headgear that complies with standards established by the 
  2.33  commissioner of public safety. 
  2.34     (d) Notwithstanding the provisions of this subdivision 
  2.35  paragraph (a), (b), or (c), the commissioner of public safety 
  2.36  may, however, issue a special motorcycle permit, restricted or 
  3.1   qualified in such manner as the commissioner of public 
  3.2   safety shall deem deems proper, to any person demonstrating a 
  3.3   need therefor for the permit and unable to qualify for a 
  3.4   standard driver's license. 
  3.5      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  3.6   171.05, subdivision 2, is amended to read: 
  3.7      Subd. 2.  [PERSON LESS THAN 18 YEARS OF AGE.] (a) 
  3.8   Notwithstanding any provision in subdivision 1 to the contrary, 
  3.9   the department, upon application therefor, may issue an 
  3.10  instruction permit to an applicant who is 15, 16, or 17 years of 
  3.11  age and the applicant who: 
  3.12     (1) has completed a course of driver education in another 
  3.13  state, has a previously issued valid license from another state, 
  3.14  or is enrolled in one of the following types of driver education 
  3.15  programs either: 
  3.16     (i) a public, private, or commercial driver education 
  3.17  program offered through the public schools that is approved by 
  3.18  the commissioner of public safety and that includes classroom 
  3.19  and behind-the-wheel training and that has been approved by the 
  3.20  commissioner of children, families, and learning; or 
  3.21     (ii) a course offered by a private, commercial driver 
  3.22  education school or institute that includes classroom and 
  3.23  behind-the-wheel training and that has been approved by the 
  3.24  department of public safety; or 
  3.25     (iii) an approved behind-the-wheel driver education program 
  3.26  when the student is receiving full-time instruction in a home 
  3.27  school within the meaning of sections 120A.22 and 120A.24, the 
  3.28  student is working toward a home-school diploma, the student's 
  3.29  status as a home-school student has been certified by the 
  3.30  superintendent of the school district in which the student 
  3.31  resides, and the student is taking home-classroom driver 
  3.32  training with classroom materials approved by the commissioner 
  3.33  of public safety; 
  3.34     (2) has completed the classroom phase of instruction in the 
  3.35  driver education program; 
  3.36     (3) has passed a test of the applicant's eyesight; 
  4.1      (4) has passed a department-administered test of the 
  4.2   applicant's knowledge of traffic laws, which test must be 
  4.3   administered by the department; 
  4.4      (5) has completed the required application, which must be 
  4.5   approved by (i) either parent when both reside in the same 
  4.6   household as the minor applicant or, if otherwise, then (ii) the 
  4.7   parent or spouse of the parent having custody or, in the event 
  4.8   there is no court order for custody, then (iii) the parent or 
  4.9   spouse of the parent with whom the minor is living or, if items 
  4.10  (i) to (iii) do not apply, then (iv) the guardian having custody 
  4.11  of the minor or, in the event a person under the age of 18 has 
  4.12  no living father, mother, or guardian, then (v) the applicant's 
  4.13  employer; provided, that the approval required by this clause 
  4.14  contains a verification of the age of the applicant and the 
  4.15  identity of the parent, guardian, or employer; and 
  4.16     (6) has paid the fee required in section 171.06, 
  4.17  subdivision 2. 
  4.18     (b) The instruction permit is valid for one year from the 
  4.19  date of application and may be renewed upon payment of a fee 
  4.20  equal to the fee for issuance of an instruction permit under 
  4.21  section 171.06, subdivision 2. 
  4.22     Sec. 3.  Minnesota Statutes 1998, section 171.183, 
  4.23  subdivision 1, is amended to read: 
  4.24     Subdivision 1.  [REQUIREMENTS.] For the purposes of 
  4.25  sections 171.182 to 171.184, a judgment is satisfied if:  
  4.26     (1) $25,000 $30,000 has been credited upon any judgment or 
  4.27  judgments rendered in excess of that amount because of bodily 
  4.28  injury to or death of one person as the result of any one 
  4.29  accident; 
  4.30     (2) subject to the limit of $25,000 $30,000 because of 
  4.31  bodily injury to or death of one person, the sum 
  4.32  of $50,000 $60,000 has been credited upon any judgment or 
  4.33  judgments rendered in excess of that amount because of bodily 
  4.34  injury to or death of two or more persons as the result of any 
  4.35  one accident; or 
  4.36     (3) $10,000 has been credited upon any judgment or 
  5.1   judgments rendered in excess of that amount because of damage to 
  5.2   or destruction of property of others as a result of any one 
  5.3   accident.  
  5.4      Sec. 4.  Minnesota Statutes 1998, section 171.27, is 
  5.5   amended to read: 
  5.6      171.27 [EXPIRATION OF LICENSE.] 
  5.7      (a) The expiration date for each driver's license, other 
  5.8   than under-21 licenses, is the birthday of the driver in the 
  5.9   fourth year following the date of issuance of the license.  The 
  5.10  birthday of the driver shall must be as indicated on the 
  5.11  application for a driver's license.  A license may be renewed on 
  5.12  or before expiration or within one year five years after 
  5.13  expiration upon application, payment of the required fee, and 
  5.14  passing the examination required of all drivers for renewal by 
  5.15  the commissioner of public safety.  The commissioner shall 
  5.16  extend or renew driving privileges shall be extended or renewed 
  5.17  on or preceding the expiration date of an existing driver's 
  5.18  license unless the commissioner believes that the licensee is no 
  5.19  longer qualified as a driver.  
  5.20     (b) The expiration date for each under-21 license shall be 
  5.21  is the 21st birthday of the licensee.  Upon the licensee 
  5.22  attaining the age of 21 and upon the application, payment of the 
  5.23  required fee, and passing the examination required of all 
  5.24  drivers for renewal, the commissioner shall issue a driver's 
  5.25  license shall be issued unless the commissioner determines that 
  5.26  the licensee is no longer qualified as a driver. 
  5.27     (c) The expiration date for each provisional license is two 
  5.28  years after the date of application for the provisional license. 
  5.29     (d) Any valid Minnesota driver's license issued to a person 
  5.30  then or subsequently on active duty with the Armed Forces of the 
  5.31  United States, or the person's spouse, shall continue continues 
  5.32  in full force and effect without requirement for renewal until 
  5.33  90 days after the date of the person's discharge from such 
  5.34  service active duty, provided that a spouse's license must be 
  5.35  renewed if the spouse is residing within the state at the time 
  5.36  the license expires or within 90 days after the spouse returns 
  6.1   to Minnesota and resides within the state. 
  6.2      Sec. 5.  [REPEALER.] 
  6.3      Minnesota Statutes 1998, section 171.305, is repealed.  
  6.4   Minnesota Rules, parts 7409.3700; 7409.3710; 7409.3720; 
  6.5   7409.3730; 7409.3740; 7409.3750; 7409.3760; and 7409.3770, are 
  6.6   repealed. 
  6.7      Sec. 6.  [EFFECTIVE DATE.] 
  6.8      Section 3 is effective the day following final enactment 
  6.9   and applies to judgments rendered on or after that date.