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SF 3226

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 11:11am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to motor vehicles; authorizing third-party testers to conduct
behind-the-wheel driving exams; authorizing rulemaking; amending Minnesota
Statutes 2018, section 171.13, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 171.

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

Section 1.

Minnesota Statutes 2018, section 171.13, subdivision 1, is amended to read:


Subdivision 1.

Examination subjects and locations; provisions for color blindness,
disabled veterans.

(a) new text beginEach applicant for a driver's license must pass the examination
required by this section.
new text endExcept as otherwise provided deleted text beginin thisdeleted text end new text beginby new text endsectionnew text begin 171.135new text end, the
commissioner deleted text beginshall examine each applicant for a driver's license by such agency as the
commissioner directs
deleted text endnew text begin must conduct the examinationnew text end. This examination must include:

(1) a test of the applicant's eyesight;

(2) a test of the applicant's ability to read and understand highway signs regulating,
warning, and directing traffic;

(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and
drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
penalties and financial consequences resulting from violations of laws prohibiting the
operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
transportation safety, including the significance of school bus lights, signals, stop arm, and
passing a school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and
dangers of carbon monoxide poisoning;

(4) an actual demonstration of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle; and

(5) other physical and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the highways.

(b) Notwithstanding paragraph (a), no driver's license may be denied an applicant on
the exclusive grounds that the applicant's eyesight is deficient in color perception. War
veterans operating motor vehicles especially equipped for disabled persons, if otherwise
entitled to a license, must be granted such license.

(c) The commissioner shall make provision for giving the examinations under this
subdivision either in the county where the applicant resides or at a place adjacent thereto
reasonably convenient to the applicant.

(d) The commissioner shall ensure that an applicant is able to obtain an appointment for
an examination to demonstrate ability under paragraph (a), clause (4), within 14 days of the
applicant's request if, under the applicable statutes and rules of the commissioner, the
applicant is eligible to take the examination.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 2.

new text begin [171.135] THIRD-PARTY TESTER; BEHIND-THE-WHEEL
EXAMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following definitions
have the meanings given.
new text end

new text begin (b) "Behind-the-wheel examination" means the demonstration of ability to exercise
ordinary and reasonable control in the operation of a motor vehicle as required by section
171.13, subdivision 1, paragraph (a), clause (4).
new text end

new text begin (c) "Third-party tester" is a person who is authorized by the commissioner to conduct
behind-the-wheel examinations.
new text end

new text begin (d) "Applicant" means the individual taking the behind-the-wheel examination as part
of an application for a driver's license.
new text end

new text begin Subd. 2. new text end

new text begin Third-party tester; authority. new text end

new text begin (a) An authorized third-party tester may conduct
Class D behind-the-wheel examinations pursuant to this section. This section does not apply
to the commissioner or employees of the state that conduct behind-the-wheel examinations.
new text end

new text begin (b) The commissioner must provide a training process that allows an individual to become
an authorized third-party tester. Once a third-party tester satisfactorily completes the training,
the third-party tester is authorized to conduct behind-the-wheel examinations.
new text end

new text begin (c) A third-party tester is subject to the same rules and regulations as examiners employed
by the state, including but not limited to background checks. The third-party tester must
pay the cost for a required background check. An examination conducted by a third-party
tester has the same force and effect as an examination conducted by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Examination. new text end

new text begin (a) The third-party tester must conduct the examination in the
same manner and subject to the same requirements as an examination conducted by the
commissioner. The commissioner must provide to each third-party tester all relevant
information on how the commissioner conducts behind-the-wheel examinations and at a
minimum must provide:
new text end

new text begin (1) the criteria on which applicants must be tested during the behind-the-wheel
examination;
new text end

new text begin (2) the method of scoring and evaluating the applicant;
new text end

new text begin (3) the method and criteria for determining test routes; and
new text end

new text begin (4) the necessary forms or paperwork to conduct the examination.
new text end

new text begin (b) If the third-party tester also provides behind-the-wheel instruction for student drivers,
the third-party tester must not use the same routes for training and conducting the
behind-the-wheel examination.
new text end

new text begin (c) A third-party tester who conducts an examination for a restricted license for farm
work must satisfy the same conditions that are required of the commissioner by section
171.041. The third-party tester must document that the requirements are met and include
that documentation as part of the applicant's record required by subdivision 4.
new text end

new text begin (d) Upon an applicant passing the examination, the third-party tester must provide the
applicant with certification of passing the examination. The certification must be in a form
prescribed by the commissioner. The applicant must present this certification to the
commissioner when submitting an application for a driver's license.
new text end

new text begin Subd. 4. new text end

new text begin Records; data. new text end

new text begin (a) The third-party tester must maintain a record for each
applicant that takes the examination. The applicant record must include at a minimum: (1)
the applicant's name and age; (2) the date of the examination; (3) the form used to score the
applicant's performance on the examination; (4) whether the applicant passed or failed the
examination; and (5) all documentation related to the examination. Immediately after
completing an examination, the third-party tester must submit to the commissioner the
record for the applicant that took the examination. The third-party tester must also submit
a monthly report to the commissioner including applicant records for each applicant that
was examined in the previous month.
new text end

new text begin (b) All third-party testers are subject to section 13.05, subdivision 11.
new text end

new text begin Subd. 5. new text end

new text begin Prohibitions. new text end

new text begin The third-party tester must not conduct a behind-the-wheel
examination of a person whom the tester knows personally. Providing driving instruction
to an individual does not, by itself, constitute a personal relationship between that person
and the third-party tester.
new text end

new text begin Subd. 6. new text end

new text begin Oversight. new text end

new text begin (a) The commissioner must monitor and audit the examinations
conducted by third-party testers. The commissioner must share the results of any audit with
the third-party tester.
new text end

new text begin (b) The commissioner must establish a process to investigate violations of the law and
complaints made against third-party testers. The commissioner may investigate complaints,
issue corrective actions, and discontinue authorization of a third-party tester if the tester
fails to comply with state laws and regulations. The third-party tester must be given notice
of the investigation and be allowed to participate in the investigation.
new text end

new text begin Subd. 7. new text end

new text begin Indemnification. new text end

new text begin An applicant shall agree to indemnify and hold harmless the
third-party tester and the tester's employer, the state and all state officers, employees, and
agents of the state from and against all claims, losses, damages, costs, and other proceedings
made, sustained, brought, or prosecuted in any manner based on or occasioned by or
attributive to any injury, infringement, or damage rising from any act or omission of the
third-party tester or the tester's employer in the performance of examination duties.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 3. new text beginRULEMAKING.
new text end

new text begin For the purposes of implementing the requirements of this act, the commissioner of
public safety may amend existing rules or adopt permanent rules. If the commissioner does
not adopt rules by January 1, 2022, rulemaking authority under this section is repealed.
Rulemaking authority under this section is not continuing authority to amend or repeal rules.
Notwithstanding Minnesota Statutes, section 14.125, any additional action on rules after
adoption must be under specific statutory authority to take the additional action.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end