SF 1226

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; prohibiting holder of
instruction permit or provisional license from driving
while operating cellular telephone; prohibiting holder
of provisional license from driving at certain times
and with certain passengers; amending Minnesota
Statutes 2004, sections 171.05, subdivision 2b;
171.055, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 171.05,
subdivision 2b, is amended to read:

Subd. 2b.

Instruction permit use by person under age 18.

(a) This subdivision applies to persons who have applied for and
received an instruction permit under subdivision 2.

(b) The permit holder may, with the permit in possession,
operate a motor vehicle, but must be accompanied by and be under
the supervision of a certified driver education instructor, the
permit holder's parent or guardian, or another licensed driver
age 21 or older. The supervisor must occupy the seat beside the
permit holder.

(c) The permit 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, subdivision 1. The commissioner shall not
record a violation of this paragraph on a person's driving
record.

(d) new text begin The permit holder may not operate a vehicle while
communicating over, or otherwise operating, a cellular or
wireless telephone, whether handheld or hands free. The permit
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.
new text end

new text begin (e) new text end The permit holder must maintain a driving record free
of convictions for moving violations, as defined in section
171.04, subdivision 1, and free of convictions for violation of
section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
169A.53. If the permit holder drives a motor vehicle in
violation of the law, the commissioner shall suspend, cancel, or
revoke the permit in accordance with the statutory section
violated.

Sec. 2.

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 operate a motor
vehicle:
new text end

new text begin (1) during the first six months of provisional licensure,
with more than one passenger, except family members; or
new text end

new text begin (2) between the hours of midnight and 5:00 a.m.
new text end

new text begin (c) 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. 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.
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.