SF 2851

3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to drivers' licenses; limiting issuance of 
  1.3             instruction permit and provisional driver's license 
  1.4             after certain convictions; amending Minnesota Statutes 
  1.5             2002, sections 169A.55, by adding a subdivision; 
  1.6             171.05, by adding a subdivision; 171.055, subdivision 
  1.7             1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 169A.55, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 3.  [REINSTATEMENT OR ISSUANCE OF PROVISIONAL 
  1.12  LICENSE.] The commissioner shall not issue a provisional or 
  1.13  regular driver's license to a person whose provisional driver's 
  1.14  license was revoked for conviction as a juvenile of violating 
  1.15  section 169A.20, 169A.33, or 169A.35; a provision of sections 
  1.16  169A.50 to 169A.53; or revoked for conviction of a crash-related 
  1.17  moving violation; until the person, following the violation, 
  1.18  reaches the age of 18 and satisfactorily: 
  1.19     (1) completes a formal course in driving instruction 
  1.20  approved by the commissioner of public safety; 
  1.21     (2) completes an additional three months' experience 
  1.22  operating a motor vehicle, as documented to the satisfaction of 
  1.23  the commissioner; 
  1.24     (3) completes the written examination for a driver's 
  1.25  license with a passing score; and 
  1.26     (4) complies with all other laws for reinstatement of a 
  2.1   provisional or regular driver's license, as applicable. 
  2.2      Sec. 2.  Minnesota Statutes 2002, section 171.05, is 
  2.3   amended by adding a subdivision to read: 
  2.4      Subd. 1b.  [INSTRUCTION PERMIT NOT ISSUED.] Notwithstanding 
  2.5   subdivision 1, the commissioner shall not issue an instruction 
  2.6   permit to a person under age 18 if the person has ever been 
  2.7   convicted of a violation of section 169A.20, 169A.33, or 
  2.8   169A.35; a violation of a provision of sections 169A.50 to 
  2.9   169A.53; or a crash-related moving violation. 
  2.10     Sec. 3.  Minnesota Statutes 2002, section 171.055, 
  2.11  subdivision 1, is amended to read: 
  2.12     Subdivision 1.  [REQUIREMENTS FOR PROVISIONAL LICENSE.] (a) 
  2.13  The department may issue a provisional license, which must be 
  2.14  distinctive in appearance from a driver's license, to an 
  2.15  applicant who: 
  2.16     (1) has reached the age of 16 years; 
  2.17     (2) during the six months immediately preceding the 
  2.18  application for the provisional license has possessed an 
  2.19  instruction permit and has incurred (i) no convictions for a 
  2.20  violation of section 169A.20, 169A.33, 169A.35, or sections 
  2.21  169A.50 to 169A.53, (ii) no convictions for a crash-related 
  2.22  moving violation, and (iii) no convictions for a moving 
  2.23  violation that is not crash related; 
  2.24     (3) has successfully completed a course of driver education 
  2.25  in accordance with department rules; 
  2.26     (4) completes the required application, which must be 
  2.27  approved by (i) either parent when both reside in the same 
  2.28  household as the minor applicant or, if otherwise, then (ii) the 
  2.29  parent or spouse of the parent having custody or, in the event 
  2.30  there is no court order for custody, then (iii) the parent or 
  2.31  spouse of the parent with whom the minor is living or, if items 
  2.32  (i) to (iii) do not apply, then (iv) the guardian having custody 
  2.33  of the minor or, in the event a person under the age of 18 has 
  2.34  no living father, mother, or guardian, or is married or 
  2.35  otherwise legally emancipated, then (v) the applicant's adult 
  2.36  spouse, adult close family member, or adult employer; provided, 
  3.1   that the approval required by this clause contains a 
  3.2   verification of the age of the applicant and the identity of the 
  3.3   parent, guardian, adult spouse, adult close family member, or 
  3.4   adult employer; 
  3.5      (5) presents certification by the person who approves the 
  3.6   application under clause (4) stating that the applicant has 
  3.7   driven a motor vehicle accompanied by and under the supervision 
  3.8   of a licensed driver at least 21 years of age, for no less than 
  3.9   30 hours, at least ten of which were nighttime hours; and 
  3.10     (6) pays the fee required in section 171.06, subdivision 2. 
  3.11     (b) For purposes of this section, "moving violation" has 
  3.12  the meaning given it in section 171.04, subdivision 1. 
  3.13     (c) Notwithstanding paragraph (a), clause (2), the 
  3.14  commissioner shall not issue a provisional license to a person 
  3.15  who has ever incurred a conviction for violation of section 
  3.16  169A.20, 169A.33, or 169A.35; a violation of a provision of 
  3.17  sections 169A.50 to 169A.53; or a crash-related moving 
  3.18  violation, and at the time of the conviction the person did not 
  3.19  possess an instruction permit. 
  3.20     Sec. 4.  [EFFECTIVE DATE.] 
  3.21     This act is effective the day following final enactment.