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Minnesota Legislature

Office of the Revisor of Statutes

SF 16

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to traffic regulations; making seat belt violation a primary offense in all
seating positions regardless of age; increasing the fine for seat belt violations;
making technical changes; amending Minnesota Statutes 2006, sections 169.686,
subdivision 1; 171.05, subdivision 2b; 171.055, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 169.686, subdivision 1, is amended to read:


Subdivision 1.

Seat belt requirement.

(a) A properly adjusted and fastened seat
belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be
worn bydeleted text begin:
deleted text end

deleted text begin (1)deleted text end the driver new text beginand passengers new text endof a passenger vehicle or commercial motor vehicledeleted text begin;
deleted text end

deleted text begin (2) a passenger riding in the front seat of a passenger vehicle or commercial motor
vehicle; and
deleted text end

deleted text begin (3) a passenger riding in any seat of a passenger vehicle who is older than three
but younger than 11 years of age
deleted text end.

(b) A person who is 15 years of age or older and who violates paragraph (a)deleted text begin, clause
(1) or (2),
deleted text end is subject to a fine of $25. The driver of the deleted text beginpassenger vehicle or commercial
motor
deleted text end vehicle in which the violation occurred is subject to a $25 fine for a violation of
paragraph (a)deleted text begin, clause (2) or (3),deleted text end by a deleted text beginchild of the driverdeleted text endnew text begin passengernew text end under the age of 15
deleted text begin or any child under the age of 11. A peace officer may not issue a citation for a violation
of this section unless the officer lawfully stopped or detained the driver of the motor
vehicle for a moving violation other than a violation involving motor vehicle equipment
deleted text end.
The Department of Public Safety shall not record a violation of this subdivision on a
person's driving record.

Sec. 2.

Minnesota Statutes 2006, 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 deleted text begin18deleted text end new text begin15 new text endhas a seat belt or child passenger restraint system properly fastenednew text begin
according to sections 169.685 and 169.686
new text end. A person who violates this paragraph is
subject to a fine of $25. deleted text beginA 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.
deleted text end new text beginA passenger who is at
least 15 years of age is subject to the requirements and penalty of section 169.686.
new text endThe
commissioner shall not record a violation of this paragraph on a person's driving record.

(d) The permit 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 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. Violation of this paragraph is a petty misdemeanor subject to section
169.89, subdivision 2.

(e) 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. 3.

Minnesota Statutes 2006, 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 deleted text begin18deleted text end new text begin15 new text endhas a seat belt or child
passenger restraint system properly fastenednew text begin according to sections 169.685 and 169.686new text end.
A person who violates this paragraph is subject to a fine of $25. deleted text beginA 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.
deleted text end new text beginA passenger who is at least 15 years of age is subject to the requirements
and penalty of section 169.686.
new text endThe commissioner shall not record a violation of this
paragraph on a person's driving record.

(b) 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.

(c) 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 violationnew text begin as defined in
section 171.04
new text end, 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.