Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 307-H.F.No. 927 
           An act relating to traffic regulations; defining 
          terms; subjecting driver of commercial motor vehicle 
          to stricter federal standard on alcohol-related 
          driving; providing for and regulating category of 
          commercial driver's license and commercial motor 
          vehicle drivers; authorizing Minnesota to join driver 
          license compact; allowing exchange of driver license 
          information with other states; promoting consolidated, 
          complete driver record; imposing penalties; 
          appropriating money; amending Minnesota Statutes 1988, 
          sections 168.011, subdivision 9; 169.01, subdivision 
          50, and by adding a subdivision; 169.123, subdivisions 
          1, 2, 4, 5, 5a, 5b, 5c, and 6; 171.01, subdivision 19, 
          and by adding subdivisions; 171.02, subdivision 2; 
          171.03; 171.04; 171.06, subdivisions 2 and 3; 171.07, 
          by adding a subdivision; 171.10, subdivision 2; 
          171.12, subdivision 2; 171.13, subdivision 5; 171.14; 
          171.16, subdivision 1; 171.18; 171.20; 171.22, 
          subdivision 1; 171.24; and 171.30, subdivision 3; 
          proposing coding for new law in Minnesota Statutes, 
          chapters 169 and 171. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 168.011, 
subdivision 9, is amended to read: 
    Subd. 9.  [BUS; INTERCITY BUS.] (a) "Bus" means every motor 
vehicle designed for carrying more than ten 15 passengers 
including the driver and used for transporting persons, and 
every motor vehicle, other than a taxicab, designed and used for 
transporting persons for compensation. 
    The term "bus" does not include a vehicle designed for 
carrying more than ten passengers but not more than 14 
passengers and operated for the personal or family use of the 
owner or operator.  
    (b) "Intercity bus" means any bus operating as a common 
passenger carrier over regular routes and between fixed termini, 
but excluding all buses operating wholly within the limits of 
one city, or wholly within two or more contiguous cities, or 
between contiguous cities and a terminus outside the corporate 
limits of such cities, and not more than 20 miles distant 
measured along the fixed route from such corporate limits. 
    Sec. 2.  Minnesota Statutes 1988, section 169.01, 
subdivision 50, is amended to read: 
    Subd. 50.  [BUS.] "Bus" means every motor vehicle designed 
for carrying more than ten 15 passengers including the driver 
and used for the transportation of persons, and every motor 
vehicle other than a taxicab designed and used for the 
transportation of persons for compensation. 
    The term "bus" does not include a vehicle designed for 
carrying more than ten passengers but not more than 14 
passengers and operated for the personal or family use of the 
owner or operator.  
    Sec. 3.  Minnesota Statutes 1988, section 169.01, is 
amended by adding a subdivision to read: 
    Subd. 75.  [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 
motor vehicle" means a motor vehicle or combination of motor 
vehicles used to transport passengers or property if the motor 
vehicle: 
    (1) has a gross vehicle weight of 26,001 or more pounds; 
    (2) has a towed unit with a gross vehicle weight of more 
than 10,000 pounds; 
    (3) is a bus; or 
    (4) is of any size and is used in the transportation of 
hazardous materials defined in section 221.033. 
    (b) For purposes of sections 4, 5, 7, and 8, a commercial 
motor vehicle does not include a farm truck, firefighting 
equipment, or recreational equipment being operated by a person 
within the scope of section 171.02, subdivision 2, paragraph (a).
    Sec. 4.  [169.1211] [ALCOHOL-RELATED DRIVING BY COMMERCIAL 
VEHICLE DRIVERS.] 
    Subdivision 1.  [CRIME.] It is a misdemeanor for any person 
to drive, operate, or be in physical control of any commercial 
motor vehicle within this state or upon the ice of any boundary 
water of this state: 
    (1) when the person's alcohol concentration is 0.04 or 
more; or 
    (2) when the person's alcohol concentration as measured 
within two hours of the time of driving is 0.04 or more.  
    Subd. 2.  [ARREST.] A peace officer may lawfully arrest a 
person for violation of subdivision 1 without a warrant upon 
probable cause, without regard to whether the violation was 
committed in the officer's presence.  
    When a peace officer has probable cause to believe that a 
person is violating subdivision 1, and before a stop or arrest 
can be made the person escapes from the geographical limits of 
the officer's jurisdiction, the officer in fresh pursuit of the 
person may stop or arrest the person in another jurisdiction 
within this state and may exercise the powers and perform the 
duties of a peace officer under this section and sections 
169.121 and 169.123.  An officer acting in fresh pursuit under 
this subdivision is serving in the regular line of duty as fully 
as though within the officer's jurisdiction.  
    The express grant of arrest powers in this subdivision does 
not limit the arrest powers of peace officers under sections 
626.65 to 626.70 or section 629.40 in cases of arrests for 
violation of subdivision 1 or any other provision of law. 
    Subd. 3.  [EVIDENCE.] Upon the trial of any prosecution 
arising out of acts alleged to have been committed by any person 
arrested for violating subdivision 1, the court may admit 
evidence of the amount of alcohol in the person's blood, breath, 
or urine as shown by an analysis of those items. 
    If proven by a preponderance of the evidence, it shall be 
an affirmative defense to a violation of subdivision 1, clause 
(2), that the defendant consumed a sufficient quantity of 
alcohol after the time of the violation and before the 
administration of the evidentiary test to cause the defendant's 
alcohol concentration to exceed 0.04.  This evidence may not be 
admitted unless notice is given to the prosecution prior to the 
omnibus or pretrial hearing in the matter.  
   The foregoing provisions do not limit the introduction of 
any other competent evidence bearing upon the question whether 
the person violated this section, including tests obtained more 
than two hours after the alleged violation and results obtained 
from partial tests on an infrared breath-testing instrument.  A 
result from a partial test is the measurement obtained by 
analyzing one adequate breath sample, as defined in section 
169.123, subdivision 2b, paragraph (b). 
    Subd. 4.  [ADMINISTRATIVE PENALTY.] The commissioner of 
public safety shall disqualify a person from operating a 
commercial motor vehicle as provided under section 28, on 
receipt of a record of conviction for a violation of this 
section.  
    Sec. 5.  [169.1215] [OUT-OF-SERVICE ORDERS.] 
    A person driving, operating, or in physical control of a 
commercial motor vehicle with any presence of alcohol is 
prohibited from operating a commercial motor vehicle for 24 
hours from issuance of an out-of-service order. 
     Sec. 6.  Minnesota Statutes 1988, section 169.123, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PEACE OFFICER DEFINED.] For purposes of 
this section and, section 169.121, and section 4, the term peace 
officer means a state patrol officer, university of Minnesota 
peace officer, a constable as defined in section 367.40, 
subdivision 3, or police officer of any municipality, including 
towns having powers under section 368.01, or county. 
    Sec. 7.  Minnesota Statutes 1988, section 169.123, 
subdivision 2, is amended to read: 
    Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
OF TEST.] (a) Any person who drives, operates, or is in physical 
control of a motor vehicle within this state or upon the ice of 
any boundary water of this state consents, subject to the 
provisions of this section and section 169.121, to a chemical 
test of that person's blood, breath, or urine for the purpose of 
determining the presence of alcohol or a controlled substance.  
The test shall be administered at the direction of a peace 
officer.  The test may be required of a person when an officer 
has probable cause to believe the person was driving, operating, 
or in physical control of a motor vehicle in violation of 
section 169.121 and one of the following conditions exist:  
    (1) the person has been lawfully placed under arrest for 
violation of section 169.121, or an ordinance in conformity with 
it; or 
    (2) the person has been involved in a motor vehicle 
accident or collision resulting in property damage, personal 
injury, or death; or 
    (3) the person has refused to take the screening test 
provided for by section 169.121, subdivision 6; or 
    (4) the screening test was administered and recorded an 
alcohol concentration of 0.10 or more. 
     The test may also be required of a person when an officer 
has probable cause to believe the person was driving, operating, 
or in physical control of a commercial motor vehicle with the 
presence of any alcohol. 
    (b) At the time a test is requested, the person shall be 
informed: 
    (1) that Minnesota law requires the person to take a test 
to determine if the person is under the influence of alcohol or 
a controlled substance or, if the motor vehicle was a commercial 
motor vehicle, that Minnesota law requires the person to take a 
test to determine the presence of alcohol; 
    (2) that if testing is refused, the person's right to drive 
will be revoked for a minimum period of one year or, if the 
person is under the age of 18 years, for a period of one year or 
until the person reaches the age of 18 years, whichever is 
greater and, if the vehicle was a commercial motor vehicle, that 
the person will be disqualified from operating a commercial 
motor vehicle for a minimum period of one year; 
    (3) that if a test is taken and the results indicate that 
the person is under the influence of alcohol or a controlled 
substance, the person will be subject to criminal penalties and 
the person's right to drive may be revoked for a minimum period 
of 90 days or, if the person is under the age of 18 years, for a 
period of six months or until the person reaches the age of 18 
years, whichever is greater, and, if the vehicle was a 
commercial motor vehicle, that if the test results indicate the 
presence of any alcohol, the person will be prohibited from 
operating a commercial motor vehicle for 24 hours from issuance 
of an out-of-service order, and if the results indicate an 
alcohol concentration of 0.04 or more, the person will be 
subject to criminal penalties and will be disqualified from 
operating a commercial motor vehicle for a minimum period of one 
year; 
    (4) that after submitting to testing, the person has the 
right to consult with an attorney and to have additional tests 
made by someone of the person's own choosing; and 
    (5) that if the person refuses to take a test, the refusal 
will be offered into evidence against the person at trial. 
    (c) The peace officer who requires a test pursuant to this 
subdivision may direct whether the test shall be of blood, 
breath, or urine.  Action may be taken against a person who 
refuses to take a blood test only if an alternative test was 
offered and action may be taken against a person who refuses to 
take a urine test only if an alternative test was offered. 
    Sec. 8.  Minnesota Statutes 1988, section 169.123, 
subdivision 4, is amended to read: 
    Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] If a person 
refuses to permit a test, none shall be given, but the peace 
officer shall report the refusal to the commissioner of public 
safety and the authority having responsibility for prosecution 
of misdemeanor offenses for the jurisdiction in which the acts 
occurred.  A refusal to submit to an alcohol concentration test 
does not constitute a violation of section 609.50, unless the 
refusal was accompanied by force or violence or the threat of 
force or violence.  If a person submits to a test and the test 
results indicate an alcohol concentration of 0.10 or more, or if 
a person was driving, operating, or in physical control of a 
commercial motor vehicle and the test results indicate an 
alcohol concentration of 0.04 or more, the results of the test 
shall be reported to the commissioner of public safety and to 
the authority having responsibility for prosecution of 
misdemeanor offenses for the jurisdiction in which the acts 
occurred. 
    Upon certification by the peace officer that there existed 
probable cause to believe the person had been driving, 
operating, or in physical control of a motor vehicle while under 
the influence of alcohol or a controlled substance and that the 
person refused to submit to a test, the commissioner of public 
safety shall revoke the person's license or permit to drive, or 
nonresident operating privilege, for a period of one year.  Upon 
certification by the peace officer that there existed probable 
cause to believe the person had been driving, operating, or in 
physical control of a commercial motor vehicle with the presence 
of any alcohol and that the person refused to submit to a test, 
the commissioner shall disqualify the person from operating a 
commercial motor vehicle for a period of one year under section 
28 and shall revoke the person's license or permit to drive or 
nonresident operating privilege for a period of one year.  If 
the person refusing to submit to testing is under the age of 18 
years, the commissioner shall revoke the person's license or 
permit to drive, or nonresident operating privilege, for a 
period of one year or until the person reaches the age of 18 
years, whichever is greater.  Upon certification by the peace 
officer that there existed probable cause to believe the person 
had been driving, operating or in physical control of a motor 
vehicle while under the influence of alcohol or a controlled 
substance and that the person submitted to a test and the test 
results indicate an alcohol concentration of 0.10 or more, the 
commissioner of public safety shall revoke the person's license 
or permit to drive, or nonresident operating privilege, for a 
period of 90 days or, if the person is under the age of 18 
years, for a period of six months or until the person reaches 
the age of 18 years, whichever is greater.  On certification by 
the peace officer that there existed probable cause to believe 
the person had been driving, operating, or in physical control 
of a commercial motor vehicle with any presence of alcohol and 
that the person submitted to a test and the test results 
indicated an alcohol concentration of 0.04 or more, the 
commissioner of public safety shall disqualify the person from 
operating a commercial motor vehicle under section 28. 
    If the person is a resident without a license or permit to 
operate a motor vehicle in this state, the commissioner of 
public safety shall deny to the person the issuance of a license 
or permit for the same period after the date of the alleged 
violation as provided herein for revocation, subject to review 
as hereinafter provided. 
    Sec. 9.  Minnesota Statutes 1988, section 169.123, 
subdivision 5, is amended to read: 
    Subd. 5.  [NOTICE OF REVOCATION, DISQUALIFICATION, OR 
DETERMINATION TO DENY; REQUEST FOR HEARING.] A revocation under 
subdivision 4 or a disqualification under section 28 becomes 
effective at the time the commissioner of public safety or a 
peace officer acting on behalf of the commissioner of public 
safety notifies the person of the intention to revoke, 
disqualify, or both, and of revocation or disqualification.  The 
notice shall advise the person of the right to obtain 
administrative and judicial review as provided in this section.  
If mailed, the notice and order of revocation or 
disqualification is deemed received three days after mailing to 
the last known address of the person. 
    Sec. 10.  Minnesota Statutes 1988, section 169.123, 
subdivision 5a, is amended to read: 
    Subd. 5a.  [PEACE OFFICER AGENT FOR NOTICE OF REVOCATION OR 
DISQUALIFICATION.] On behalf of the commissioner of public 
safety a peace officer requiring a test or directing the 
administration of a chemical test shall serve immediate notice 
of intention to revoke and of revocation on a person who refuses 
to permit a test or on a person who submits to a test the 
results of which indicate an alcohol concentration of 0.10 or 
more.  On behalf of the commissioner of public safety, a peace 
officer requiring a test or directing the administration of a 
chemical test of a person driving, operating, or in physical 
control of a commercial motor vehicle shall serve immediate 
notice of intention to disqualify and of disqualification on a 
person who refuses to permit a test, or on a person who submits 
to a test the results of which indicate an alcohol concentration 
of 0.04 or more.  The officer shall take the license or permit 
of the driver, if any, and issue a temporary license effective 
only for seven days.  The peace officer shall send the person's 
driver's license to the commissioner of public safety along with 
the certificate required by subdivision 4. 
    Sec. 11.  Minnesota Statutes 1988, section 169.123, 
subdivision 5b, is amended to read: 
    Subd. 5b.  [ADMINISTRATIVE REVIEW.] At any time during a 
period of revocation imposed under this section or a period of 
disqualification imposed under section 28, a person may request 
in writing a review of the order of revocation or 
disqualification by the commissioner of public safety, unless 
the person is entitled to review under section 29.  Upon 
receiving a request the commissioner or the commissioner's 
designee shall review the order, the evidence upon which the 
order was based, and any other material information brought to 
the attention of the commissioner, and determine whether 
sufficient cause exists to sustain the order.  Within 15 days of 
receiving the request the commissioner shall report in writing 
the results of the review.  The review provided in this 
subdivision is not subject to the contested case provisions of 
the administrative procedure act in sections 14.01 to 14.69.  
    The availability of administrative review for an order of 
revocation or disqualification has no effect upon the 
availability of judicial review under this section.  
    Review under this subdivision shall take place, if 
possible, at the same time as any administrative review of the 
person's impoundment order under section 168.041, subdivision 4a.
    Sec. 12.  Minnesota Statutes 1988, section 169.123, 
subdivision 5c, is amended to read: 
    Subd. 5c.  [PETITION FOR JUDICIAL REVIEW.] Within 30 days 
following receipt of a notice and order of revocation or 
disqualification pursuant to this section, a person may petition 
the court for review, unless the person is entitled to review 
under section 29.  The petition shall be filed with the district 
court administrator of county or municipal court in the county 
where the alleged offense occurred, together with proof of 
service of a copy on the commissioner of public safety, and 
accompanied by the standard filing fee for civil actions.  No 
responsive pleading shall be required of the commissioner of 
public safety, and no court fees shall be charged for the 
appearance of the commissioner of public safety in the matter.  
    The petition shall be captioned in the full name of the 
person making the petition as petitioner and the commissioner of 
public safety as respondent.  The petition must include the 
petitioner's date of birth, driver's license number, date of the 
offense, and a copy of the notice of revocation or 
disqualification.  The petition shall state with specificity the 
grounds upon which the petitioner seeks rescission of the order 
of revocation, disqualification, or denial and state the facts 
underlying each claim asserted. 
    The filing of the petition shall not stay the revocation, 
disqualification, or denial.  The reviewing court may order a 
stay of the balance of the revocation or disqualification if the 
hearing has not been conducted within 60 days after filing of 
the petition upon terms the court deems proper.  Judicial 
reviews shall be conducted according to the rules of civil 
procedure.  
    Sec. 13.  Minnesota Statutes 1988, section 169.123, 
subdivision 6, is amended to read: 
    Subd. 6.  [HEARING.] A hearing under this section shall be 
before a municipal or county judge, in any county in the 
judicial district where the alleged offense occurred.  The 
hearing shall be to the court and may be conducted at the same 
time and in the same manner as hearings upon pretrial motions in 
the criminal prosecution under section 169.121, if any.  The 
hearing shall be recorded.  The commissioner of public safety 
shall appear and be represented by the attorney general or 
through the prosecuting authority for the jurisdiction involved. 
    The hearing shall be held at the earliest practicable date, 
and in any event no later than 60 days following the filing of 
the petition for review.  The judicial district administrator 
shall establish procedures to ensure efficient compliance with 
the provisions of this subdivision.  To accomplish this, the 
administrator may, whenever possible, consolidate and transfer 
review hearings among the county courts within the judicial 
district.  
    The scope of the hearing shall be limited to the issues of: 
    (1) whether the peace officer had probable cause to believe 
the person was driving, operating, or in physical control of (i) 
a motor vehicle while under the influence of alcohol or a 
controlled substance, or (ii) a commercial motor vehicle with 
any presence of alcohol, and whether the person was lawfully 
placed under arrest for violation of section 169.121 or section 
4, or the person was involved in a motor vehicle accident or 
collision resulting in property damage, personal injury or 
death, or the person refused to take a screening test provided 
for by section 169.121, subdivision 6, or the screening test was 
administered and recorded an alcohol concentration of 0.10 or 
more; and 
    (2) whether at the time of the request for the test the 
peace officer informed the person of the person's rights and the 
consequences of taking or refusing the test as required by 
subdivision 2; and 
    (3) either (a) whether the person refused to permit the 
test, or (b) whether a test was taken and the test results 
indicated an alcohol concentration of 0.10 or more at the time 
of testing, or if a test was taken by a person driving, 
operating, or in physical control of a commercial motor vehicle 
and the test results indicated an alcohol concentration of 0.04 
or more at the time of testing; and whether the testing method 
used was valid and reliable,; and whether the test results were 
accurately evaluated. 
    It shall be an affirmative defense for the petitioner to 
prove that, at the time of the refusal, the petitioner's refusal 
to permit the test was based upon reasonable grounds. 
    Certified or otherwise authenticated copies of laboratory 
or medical personnel reports, records, documents, licenses and 
certificates shall be admissible as substantive evidence.  
    The court shall order either that the revocation or 
disqualification be either rescinded or sustained and forward 
the order to the commissioner of public safety.  The court shall 
file its order within 14 days following the hearing.  If the 
revocation or disqualification is sustained, the court shall 
also forward the person's driver's license or permit to the 
commissioner of public safety for further action by the 
commissioner of public safety if the license or permit is not 
already in the commissioner's possession. 
    Sec. 14.  Minnesota Statutes 1988, section 171.01, 
subdivision 19, is amended to read: 
    Subd. 19.  [BUS.] "Bus" means every motor vehicle designed 
for carrying more than ten 15 passengers, including the driver, 
and used for the transportation of persons, and every motor 
vehicle other than a taxicab designed and used for the 
transportation of persons for compensation. 
    The term does not include a vehicle designed for carrying 
more than ten passengers but not more than 14 passengers and 
operated for the personal or family use of the owner or operator.
    Sec. 15.  Minnesota Statutes 1988, section 171.01, is 
amended by adding a subdivision to read: 
    Subd. 22.  [COMMERCIAL MOTOR VEHICLE.] "Commercial motor 
vehicle" means a motor vehicle or combination of motor vehicles 
used to transport passengers or property if the motor vehicle: 
    (1) has a gross vehicle weight of 26,001 or more pounds; 
    (2) has a towed unit with a gross vehicle weight of more 
than 10,000 pounds; 
    (3) is a bus; or 
    (4) is of any size and is used in the transportation of 
hazardous materials defined in section 221.033. 
    Sec. 16.  Minnesota Statutes 1988, section 171.01, is 
amended by adding a subdivision to read: 
    Subd. 23.  [PASSENGER ENDORSEMENT.] "Passenger endorsement" 
means the driver's license endorsement required of a person who 
operates a vehicle designed to transport more than 15 
passengers, including the driver. 
    Sec. 17.  Minnesota Statutes 1988, section 171.02, 
subdivision 2, is amended to read: 
    Subd. 2.  [VOLUNTEER FIREFIGHTERS; TRUCKS AND EMERGENCY 
EQUIPMENT; MIDMOUNT AERIAL LADDER TRUCK.  DRIVER'S LICENSE 
CLASSIFICATIONS, ENDORSEMENTS, EXEMPTIONS.] Drivers' licenses 
shall be classified according to the types of vehicles which may 
be driven by the holder of each type or class of license.  The 
commissioner may, as appropriate, subdivide the classes listed 
in this subdivision and issue licenses classified accordingly.  
No class of license shall be valid to operate a motorcycle or, 
school bus, tank vehicle, double-trailer or triple-trailer 
combination, vehicle transporting hazardous materials, or bus, 
unless so endorsed.  There shall be three four general classes 
of licenses as follows: 
    (a) Class C; valid for: 
    (1) all farm trucks as defined in section 168.011, 
subdivision 17, operated by (i) the owner or, (ii) an immediate 
family member or of the owner, (iii) an employee of the owner 
not primarily employed for the purpose of operating to operate 
the farm truck, within 150 miles of the farm, or (iv) an 
employee of the owner employed for the purpose of operating the 
farm truck during harvest to operate the farm truck for the 
first, continuous transportation of agricultural products from 
the place of production site or on farm storage site to any 
other location within 50 miles of the place of the production or 
on farm storage that site,; 
    (2) fire trucks and emergency fire equipment, regardless of 
the number of axles, and whether or not in excess of 26,000 
pounds GVW, driven or operated by a volunteer firefighters 
firefighter while on duty, and or a tiller operator employed by 
a fire department who drives the rear portion of a midmount 
aerial ladder truck; 
    (3) recreational equipment as defined in section 168.011, 
subdivision 25, that is operated for personal use; and 
    (4) all single unit two-axle vehicles not in excess of 
26,000 pounds GVW, including vehicles with a temporary auxiliary 
axle as defined in section 169.67, subdivision 4, but not 
including vehicles with a gross vehicle weight of 26,001 or more 
pounds, vehicles designed to carry more than 15 passengers 
including the driver, nor vehicles that carry hazardous 
materials. 
    The holder of a class C license may also tow trailers 
vehicles under 10,000 pounds GVW including house trailers.  
Buses as defined under this chapter may not be driven by a 
holder of a class C license.  A person employed as a tiller 
operator by a fire department may drive the rear portion of a 
midmount aerial ladder truck with a class C license. 
    (b) Class CC; valid for operating class C vehicles and, 
with a hazardous materials endorsement, for transporting 
hazardous materials in class C vehicles. 
    (c) Class B; valid for all vehicles in class C, class CC, 
and all other single unit vehicles including, with a passenger 
endorsement, buses. 
    (c) (d) Class A; valid for any vehicle or combination 
thereof. 
    Sec. 18.  Minnesota Statutes 1988, section 171.03, is 
amended to read: 
    171.03 [PERSONS EXEMPT.] 
    The following persons are exempt from license hereunder: 
    (1) Any person in the employ or service of the United 
States federal government while driving or operating a motor 
vehicle owned by or leased to the United States federal 
government; 
    (2) Any person while driving or operating any farm tractor, 
or implement of husbandry temporarily operated or moved on a 
highway; 
    (3) A nonresident who is at least 15 years of age and who 
has in immediate possession a valid driver's license issued to 
the nonresident in the home state or country may operate a motor 
vehicle in this state only as a driver; 
    (4) A nonresident who has in immediate possession a valid 
commercial driver's license issued by a state in compliance with 
the Commercial Motor Vehicle Safety Act of 1986, United States 
Code, title 49, sections 521, 2304, and 2701 to 2716, and who is 
operating in Minnesota the class of commercial motor vehicle 
authorized by the issuing state; 
    (5) Any nonresident who is at least 18 years of age, whose 
home state or country does not require the licensing of drivers 
may operate a motor vehicle as a driver, only for a period of 
not more than 90 days in any calendar year if the motor vehicle 
so operated is duly registered for the current calendar year in 
the home state or country of such nonresident; 
    (5) (6) Any person who becomes a resident of the state of 
Minnesota and who has in possession a valid driver's license 
issued to the person under and pursuant to the laws of some 
other state or province or by military authorities of the United 
States may operate a motor vehicle as a driver, only for a 
period of not more than 60 days after becoming a resident of 
this state without being required to have a Minnesota driver's 
license as provided in this chapter; 
    (7) Any person who becomes a resident of the state of 
Minnesota and who has in possession a valid commercial driver's 
license issued by another state in compliance with the 
Commercial Motor Vehicle Safety Act of 1986, United States code, 
title 49, sections 521, 2304, and 2701 to 2716, for not more 
than 30 days after becoming a resident of this state; and 
    (6) (8) Any person operating a snowmobile, as defined in 
section 84.81.  
    Sec. 19.  Minnesota Statutes 1988, section 171.04, is 
amended to read: 
    171.04 [PERSONS NOT ELIGIBLE FOR DRIVER'S LICENSES.] 
    Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
shall not issue a driver's license hereunder: 
    (1) To any person who is under the age of 16 years; to any 
person under 18 years unless such person shall have successfully 
completed a course in driver education, including both classroom 
and behind-the-wheel instruction, approved by the state board of 
education for courses offered through the public schools, or, in 
the case of a course offered by a private, commercial driver 
education school or institute, by the department of public 
safety; except when such person has completed a course of driver 
education in another state or has a previously issued valid 
license from another state or country; nor to any person under 
18 years unless the application of license is approved by either 
parent when both reside in the same household as the minor 
applicant, otherwise the parent or spouse of the parent having 
custody or with whom the minor is living in the event there is 
no court order for custody, or guardian having the custody of 
such minor, or in the event a person under the age of 18 has no 
living father, mother or guardian, the license shall not be 
issued to such person unless the application therefor is 
approved by the person's employer.  Driver education courses 
offered in any public school shall be open for enrollment to 
persons between the ages of 15 and 18 years residing in the 
school district or attending school therein.  Any public school 
offering driver education courses may charge an enrollment fee 
for the driver education course which shall not exceed the 
actual cost thereof to the public school and the school 
district.  The approval required herein shall contain a 
verification of the age of the applicant; 
      (2) To any person whose license has been suspended during 
the period of suspension except that a suspended license may be 
reinstated during the period of suspension upon the licensee 
furnishing proof of financial responsibility in the same manner 
as provided in the Minnesota no-fault automobile insurance act; 
      (3) To any person whose license has been revoked except 
upon furnishing proof of financial responsibility in the same 
manner as provided in the Minnesota no-fault automobile 
insurance act and if otherwise qualified; 
     (4) To any person who is a drug dependent person as defined 
in section 254A.02, subdivision 5; 
      (5) To any person who has been adjudged legally incompetent 
by reason of mental illness, mental deficiency, or inebriation, 
and has not been restored to capacity, unless the department is 
satisfied that such person is competent to operate a motor 
vehicle with safety to persons or property; 
      (6) To any person who is required by this chapter to take 
an examination, unless such person shall have successfully 
passed such examination; 
      (7) To any person who is required under the provisions of 
the Minnesota no-fault automobile insurance act of this state to 
deposit proof of financial responsibility and who has not 
deposited such proof; 
    (8) To any person when the commissioner has good cause to 
believe that the operation of a motor vehicle on the highways by 
such person would be inimical to public safety or welfare; 
    (9) To any person when, in the opinion of the commissioner, 
such person is afflicted with or suffering from such physical or 
mental disability or disease as will affect such person in a 
manner to prevent the person from exercising reasonable and 
ordinary control over a motor vehicle while operating the same 
upon the highways; nor to a person who is unable to read and 
understand official signs regulating, warning, and directing 
traffic.; or 
    (10) To any person whose license has been canceled, during 
the period of cancellation. 
    Subd. 2.  [DISQUALIFIED OPERATORS OF COMMERCIAL 
VEHICLES.] During the period of disqualification, the department 
shall not issue a class CC, class B, or class A driver's license 
to a person who has been disqualified from operating a 
commercial motor vehicle under section 28. 
    Sec. 20.  Minnesota Statutes 1988, section 171.06, 
subdivision 2, is amended to read: 
    Subd. 2.  [FEES.] (a) The fees for a license and Minnesota 
identification card are as follows: 
       Classified Driver License   C-$15 B-$22.50 CC-$19
                                   A-$30 
                                   B-$26 A-$34
Classified Provisional D.L. C-$9 B-$15 A-$10
Instruction Permit $6
Duplicate Driver or Provisional License $4.50
Minnesota identification card, except
as otherwise provided in section 171.07,
subdivisions 3 and 3a $9
    Sec. 21.  Minnesota Statutes 1988, section 171.06, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTENTS OF APPLICATION.] Every application 
shall state the full name, date of birth, social security 
number, sex and residence address of the applicant, a 
description of the applicant in such manner as the commissioner 
may require, and shall state whether or not the applicant has 
theretofore been licensed as a driver; and, if so, when and by 
what state or country and whether any such license has ever been 
suspended or revoked, or whether an application has ever been 
refused; and, if so, the date of and reason for such suspension, 
revocation, or refusal, together with such facts pertaining to 
the applicant and the applicant's ability to operate a motor 
vehicle with safety as may be required by the commissioner.  The 
application form shall contain a notification to the applicant 
of the availability of the donor document provided pursuant to 
section 171.07, subdivision 5, and shall contain spaces where 
the applicant must indicate a desire to receive or not to 
receive the donor document.  The application shall be in the 
form prepared by the commissioner.  
    The application form must be accompanied by a pamphlet 
containing relevant facts relating to: 
    (1) the effect of alcohol on driving ability; 
    (2) the effect of mixing alcohol with drugs; 
    (3) the laws of Minnesota relating to operation of a motor 
vehicle while under the influence of alcohol or a controlled 
substance; and 
    (4) the levels of alcohol-related fatalities and accidents 
in Minnesota and of arrests for alcohol-related violations. 
    Sec. 22.  Minnesota Statutes 1988, section 171.07, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [COMMERCIAL DRIVER'S LICENSE.] Each class CC, 
class B, or class A driver's license must be clearly marked 
"Minnesota Commercial Driver's License." 
    Sec. 23.  Minnesota Statutes 1988, section 171.10, 
subdivision 2, is amended to read: 
    Subd. 2.  Any person, after applying for or receiving a 
driver's license and prior to the expiration year of the 
license, who wishes to have a motorcycle or, school bus, tank 
vehicle, passenger, double-trailer or triple-trailer, or 
hazardous materials vehicle endorsement added to the license, 
shall, after taking the necessary examination, apply for a 
duplicate license and make payment of the proper fee. 
    Sec. 24.  Minnesota Statutes 1988, section 171.12, 
subdivision 2, is amended to read: 
    Subd. 2.  [ACCIDENT REPORTS AND ABSTRACTS OF COURT RECORDS 
OF CONVICTION FILED.] The department shall file all accident 
reports and abstracts of court records of convictions received 
by it under the laws of this state and its political 
subdivisions, and in connection therewith maintain convenient 
records or make suitable notations in order that an individual 
record of each licensee showing the convictions of such licensee 
and the traffic accidents in which the licensee has been 
involved shall be readily ascertainable and available for the 
consideration of the department upon any application for renewal 
of license and the revocation, suspension, or limitation of 
licenses.  No record shall be maintained of a conviction of any 
Minnesota resident for an offense committed while operating a 
vehicle as a chauffeur in any other state or Canadian province 
unless such state or province is one with which Minnesota 
engages in reciprocal reporting of convictions. 
    Sec. 25.  Minnesota Statutes 1988, section 171.13, 
subdivision 5, is amended to read: 
    Subd. 5.  [FEE FOR VEHICLE ENDORSEMENT.] Any person 
applying to secure a motorcycle or, school bus, tank vehicle, 
passenger, double-trailer or triple-trailer, or hazardous 
materials vehicle endorsement on the person's driver's license 
shall pay a $2.50 examination fee at the place of application. 
    Sec. 26.  Minnesota Statutes 1988, section 171.14, is 
amended to read: 
    171.14 [CANCELLATION.] 
    The commissioner shall have authority to cancel any 
driver's license upon determination that the licensee was not 
entitled to the issuance thereof hereunder, or that the licensee 
failed to give the required or correct information in the 
application, or committed any fraud or deceit in making such 
application.  The commissioner may also cancel the driver's 
license of any person who, at the time of the cancellation, 
would not have been entitled to receive a license under the 
provisions of section 171.04.  Upon cancellation the licensee 
shall immediately surrender the license so canceled to the 
department.  
    Sec. 27.  Minnesota Statutes 1988, section 171.16, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COURTS TO REPORT TO COMMISSIONER.] Every 
court having jurisdiction over offenses committed under any law 
of this state or ordinance of a political subdivision regulating 
the operation of motor vehicles, shall forward to the 
department, within ten days, a record of the conviction of any 
person in the court for a violation of any laws or ordinances, 
except parking violations and defective vehicle equipment or 
vehicle size or weight violations, committed by a licensed 
chauffeur while driving a vehicle for which a chauffeur's 
license is required. 
     Sec. 28.  [171.165] [COMMERCIAL DRIVER'S LICENSE, 
DISQUALIFICATION.] 
    Subdivision 1.  [FIRST VIOLATION.] Subject to section 29, 
the commissioner shall disqualify a person from operating 
commercial motor vehicles for one year upon receiving a record 
of the first conviction of the person for a violation of any of 
the following in the commission of which a commercial motor 
vehicle was used: 
    (1) section 169.121 or section 4; 
    (2) section 169.09, subdivision 1 or 2; 
    (3) a felony, other than a felony described in subdivision 
3, clause (3); or 
    (4) an offense committed in another state that would be 
grounds for disqualification under this subdivision or 
subdivision 2 if committed in Minnesota. 
    Subd. 2.  [IMPLIED CONSENT REVOCATION.] The commissioner 
shall disqualify a person from operating commercial motor 
vehicles for one year from the effective date of a revocation 
under section 169.123 or a statute or ordinance from another 
state in conformity with it, if the person was driving, 
operating, or in physical control of a commercial motor vehicle 
at the time of the incident on which the revocation is based. 
    Subd. 3.  [GRAVE OR MULTIPLE OFFENSES.] Subject to section 
29, the commissioner shall disqualify a person from operating 
commercial motor vehicles for: 
    (1) not less than three years, for a conviction or 
revocation set forth in subdivision 1 or 2 committed during the 
transportation of hazardous materials; 
    (2) not less than ten years, if the person is convicted a 
second or subsequent time of an offense set forth in subdivision 
1 or if the person's license is revoked more than once under 
section 169.123 or a statute or ordinance in conformity with it, 
or any combination of them; or 
    (3) life, if the person is convicted under chapter 152 of a 
felony involving the manufacture, sale, or distribution of a 
controlled substance, or involving the possession of a 
controlled substance with intent to manufacture, sell, or 
distribute it, and the person is found to have used a commercial 
motor vehicle in the commission of the felony. 
    Subd. 4.  [SERIOUS TRAFFIC VIOLATIONS.] On receiving a 
record of conviction and subject to section 29, the commissioner 
shall disqualify a person from operating commercial motor 
vehicles for 60 days if the person is convicted of two serious 
traffic violations, or 120 days if convicted of three serious 
traffic violations.  The violations must involve separate 
incidents and must have been committed in a commercial motor 
vehicle within a three-year period.  For purposes of this 
subdivision, a serious traffic offense includes the following: 
    (1) operating the commercial vehicle at a speed 15 miles 
per hour or more above the posted speed limit; 
    (2) reckless or careless driving under section 169.13; 
    (3) fleeing a peace officer under section 609.487; and 
    (4) a violation of a moving traffic statute of Minnesota or 
any state, or an ordinance in conformity with a Minnesota 
statute, that arose in connection with a fatal accident. 
    Subd. 5.  [RULES.] The commissioner shall adopt rules to 
administer this section.  The rules must include procedures for 
issuing class C licenses to persons who have been disqualified 
from operating commercial motor vehicles but whose drivers' 
licenses have not otherwise been revoked, suspended, canceled, 
or denied. 
    Subd. 6.  [EXEMPTIONS.] A disqualification shall not be 
imposed under this section on a recreational equipment operator, 
farmer, or firefighter operating a commercial motor vehicle 
within the scope of section 171.02, subdivision 2, paragraph (a).
    Subd. 7.  [SCOPE.] This section applies to offenses 
committed, and revocations imposed for incidents occurring, on 
or after January 1, 1990. 
    Sec. 29.  [171.166] [REVIEW OF DISQUALIFICATION.] 
    Subdivision 1.  [REVIEW OF CONVICTIONS.] The commissioner 
shall review court records of convictions subject to section 28, 
other than a violation of section 169.121, section 4, or 
169.123, if the commissioner has reasonable cause to believe the 
information is pertinent to the disqualification of an 
individual. 
    Subd. 2.  [NOTIFICATION TO THE SUBJECT OF A COMMERCIAL 
DRIVER'S LICENSE.] The commissioner shall notify the applicant 
or license holder and the individual who is the subject of a 
review, in writing, of the results of the review.  The 
commissioner shall notify the individual reviewed if the 
information contained in the review could cause license 
disqualification. 
    Subd. 3.  [RECONSIDERATION OF LICENSE DISQUALIFICATION.] (a)
Within 30 days after receiving notice of possible 
disqualification under subdivision 2, the individual who is the 
subject of the review may request reconsideration of the notice 
of possible disqualification.  The individual must submit the 
request for reconsideration to the commissioner in writing.  The 
individual must present information to show that the information 
the commissioner relied upon is incorrect or not applicable for 
disqualification of the individual being reviewed. 
    (b) The commissioner may set aside the disqualification if 
the commissioner finds that the information the commissioner 
relied upon is incorrect or not applicable for disqualification 
of the individual being reviewed.  
     (c) The commissioner shall notify the applicant or license 
holder in writing of the reconsideration decision within 15 
working days after receiving the request for reconsideration.  
The disqualification takes effect 20 days after the person 
receives the reconsideration decision, unless the person 
requests a contested case hearing under subdivision 4.  
    Subd. 4.  [CONTESTED CASE.] Within 20 days after receiving 
the reconsideration decision under subdivision 3, clause (c), a 
person may request a contested case hearing under chapter 14.  A 
contested case hearing must be held within 20 days of the 
commissioner's receipt of the contested case hearing request, 
and the administrative law judge shall issue a report within 20 
days after the close of the hearing record.  The commissioner 
shall issue a final decision within 30 days after receipt of the 
report of the administrative law judge and subsequent exceptions 
and arguments under section 14.61.  The disqualification shall 
take effect upon receipt of the commissioner's final decision. 
    Sec. 30.  Minnesota Statutes 1988, section 171.18, is 
amended to read: 
    171.18 [SUSPENSION.] 
    The commissioner shall have authority to and may suspend 
the license of any driver without preliminary hearing upon a 
showing by department records or other sufficient evidence that 
the licensee: 
    (1) Has committed an offense for which mandatory revocation 
of license is required upon conviction; or 
    (2) Has been convicted by a court of competent jurisdiction 
for violation of a provision of the highway traffic regulation 
act or an ordinance regulating traffic and where it appears from 
department records that the violation for which the licensee was 
convicted contributed in causing an accident resulting in the 
death or personal injury of another, or serious property damage; 
or 
    (3) Is an habitually reckless or negligent driver of a 
motor vehicle; or 
    (4) Is an habitual violator of the traffic laws; or 
    (5) Is incompetent to drive a motor vehicle as determined 
and adjudged in a judicial proceeding; or 
    (6) Has permitted an unlawful or fraudulent use of such 
license; or 
    (7) Has committed an offense in another state which, if 
committed in this state, would be grounds for suspension; or 
    (8) Has committed a violation of section 171.22, clause 
(4); or 
    (9) Has failed to appear in court as provided in section 
169.92, subdivision 4. 
    Provided, however, that any action taken by the 
commissioner under subparagraphs (2) and (5) shall conform to 
the recommendation of the court when made in connection with the 
prosecution of the licensee. 
    Upon suspending the license of any person, as hereinbefore 
in this section authorized, the department shall immediately 
notify the licensee, in writing, by depositing in the United 
States post office a notice addressed to the licensee at the 
licensee's last known address, with postage prepaid thereon, and 
the licensee's written request shall afford the licensee an 
opportunity for a hearing within not to exceed 20 days after 
receipt of such request in the county wherein the licensee 
resides, unless the department and the licensee agree that such 
hearing may be held in some other county.  Upon such hearing the 
commissioner, or duly authorized agent, may administer oaths and 
issue subpoenas for the attendance of witnesses and the 
production of relevant books and papers, and may require a 
reexamination of the licensee.  Upon such hearing the department 
shall either rescind its order of suspension or, good cause 
appearing therefor, may extend the suspension of such license or 
revoke such license.  The department shall not suspend a license 
for a period of more than one year. 
    Sec. 31.  Minnesota Statutes 1988, section 171.20, is 
amended to read: 
    171.20 [LICENSES MUST BE SURRENDERED.] 
    Subdivision 1.  [DEMAND; ENFORCEMENT.] The commissioner, 
upon suspending or, revoking, or canceling a license, shall 
require that all license certificates issued to the licensee 
shall be surrendered to and be retained by the department, 
except that.  On disqualifying a person from holding a 
commercial driver's license, the commissioner shall require that 
the person's commercial driver's license certificate be 
surrendered to the department.  At the end of a period of 
suspension, cancellation, or disqualification, the retained 
license certificate shall be returned to the licensee.  Upon 
demand for surrender of a license by the commissioner, the 
licensee shall immediately forward the license certificates to 
the department.  If any person fails to return to the 
commissioner the license as provided herein, the commissioner 
shall forthwith direct any peace officer to serve the order of 
suspension, cancellation, or revocation of the driver's license, 
or the order of disqualification of a person from holding a 
commercial driver's license, and direct such person to surrender 
that license.  The revocation, suspension, cancellation, or 
disqualification takes effect immediately on notification of the 
licensee, but credit must not be given toward the specified 
withdrawal period until the license certificate is surrendered. 
    Subd. 2.  [OPERATION AFTER REVOCATION OR, SUSPENSION, 
CANCELLATION, OR DISQUALIFICATION.] (a) A resident or 
nonresident whose driver's license or right or privilege to 
operate a motor vehicle in this state has been suspended, 
revoked, or canceled, shall not operate a motor vehicle in this 
state under license, permit, or registration certificate issued 
by any other jurisdiction or otherwise during the suspension, or 
after the revocation until Minnesota driving privileges are 
reinstated. 
    (b) A resident or nonresident who has been disqualified 
from holding a commercial driver's license or been denied the 
privilege to operate a commercial motor vehicle in this state 
shall not operate a commercial motor vehicle in this state under 
license, permit, or registration certificate issued by any other 
jurisdiction or otherwise during the disqualification period 
until Minnesota commercial driving privileges are reinstated.  
    Subd. 3.  [DRIVER IMPROVEMENT CLINICS.] The commissioner 
may require, before reissuing a license which has been revoked 
or suspended, that the licensee complete a course of study at an 
approved driver improvement clinic.  The commissioner may not 
require the licensee to complete such a course unless an 
approved driver improvement clinic is located within 35 miles of 
the licensee's residence.  For purposes of this section "an 
approved driver improvement clinic" means a clinic whose 
curriculum and mode of instruction conform to standards 
promulgated by the commissioner.  
    Subd. 4.  [REINSTATEMENT FEE.] A person whose drivers 
license has been suspended under section 171.18 or 171.182 or 
who has been disqualified from holding a commercial driver's 
license under section 28 must pay a $20 fee before the license 
is reinstated, except that.  A suspension may be rescinded 
without fee for good cause. 
    Sec. 32.  Minnesota Statutes 1988, section 171.22, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ACTS.] With regard to any driver's 
license, including a commercial driver's license, it shall be 
unlawful for any person:  
    (1) to display, or cause or permit to be displayed, or have 
in possession, any: 
    (i) canceled, revoked, or suspended, driver's license; 
    (ii) driver's license for which the person has been 
disqualified; or 
    (iii) fictitious, or fraudulently altered driver's license; 
    (2) to lend the person's driver's license to any other 
person or knowingly permit the use thereof by another; 
    (3) to display or represent as one's own any driver's 
license not issued to that person; 
    (4) to fail or refuse to surrender to the department, upon 
its lawful demand, any driver's license which has been 
suspended, revoked, or canceled, or for which the holder has 
been disqualified; 
    (5) to use a fictitious name or date of birth to any police 
officer or in any application for a driver's license, or to 
knowingly make a false statement, or to knowingly conceal a 
material fact, or otherwise commit a fraud in any such 
application; 
    (6) to alter any driver's license, or to counterfeit or 
make any fictitious license; 
    (7) to take any part of the driver's license examination 
for another or to permit another to take the examination for 
that person; or 
    (8) to use the name and date of birth of another person to 
any police officer for the purpose of falsely identifying 
oneself to the police officer. 
    Sec. 33.  Minnesota Statutes 1988, section 171.24, is 
amended to read: 
    171.24 [VIOLATIONS; DRIVING AFTER REVOCATION, SUSPENSION, 
OR CANCELLATION, OR DISQUALIFICATION.] 
    (a) Any person whose driver's license or driving privilege 
has been canceled, suspended, or revoked and who has been given 
notice of, or reasonably should know of the revocation, 
suspension, or cancellation, and who disobeys such order by 
operating anywhere in this state any motor vehicle, the 
operation of which requires a driver's license, while such 
license or privilege is canceled, suspended, or revoked is 
guilty of a misdemeanor. 
    (b) Any person who has been disqualified from holding a 
commercial driver's license or been denied the privilege to 
operate a commercial motor vehicle, who has been given notice of 
or reasonably should know of the disqualification, and who 
disobeys the order by operating in this state a commercial motor 
vehicle while the person is disqualified to hold the license or 
privilege, is guilty of a misdemeanor. 
    Notice of revocation, suspension, or cancellation, or 
disqualification is sufficient if personally served, or if 
mailed by first class mail to the person's last known address or 
to the address listed on the person's driver's license.  Notice 
is also sufficient if the person was informed that revocation, 
suspension, or cancellation, or disqualification would be 
imposed upon a condition occurring or failing to occur, and 
where the condition has in fact occurred or failed to occur.  It 
is not a defense that a person failed to file a change of 
address with the post office, or failed to notify the department 
of public safety of a change of name or address as required 
under section 171.11.  
    Sec. 34.  Minnesota Statutes 1988, section 171.30, 
subdivision 3, is amended to read: 
    Subd. 3.  The commissioner shall issue a limited license 
restricted to the vehicles whose operation is permitted only 
under a Class A or, Class B, or Class CC license whenever a 
Class A or, Class B, or Class CC license has been suspended 
under section 171.18, or revoked under section 171.17, for 
violation of the highway traffic regulation act committed in a 
private passenger motor vehicle.  This subdivision shall not 
apply to any persons described in section 171.04, clauses (4), 
(5), (6), (8), and (9), and (10). 
    Sec. 35.  [171.50] [DRIVER LICENSE COMPACT.] 
    The driver license compact is enacted into law and entered 
into with all other jurisdictions legally joining in it, in the 
form substantially as follows: 
 DRIVER LICENSE COMPACT
ARTICLE I
Findings and Declaration of Policy
    (a) The party states find that: 
    (1) The safety of their streets and highways is materially 
affected by the degree of compliance with state and local 
ordinances relating to the operation of motor vehicles. 
    (2) Violation of such a law or ordinance is evidence that 
the violator engages in conduct which is likely to endanger the 
safety of persons and property. 
    (3) The continuance in force of a license to drive is 
predicated upon compliance with laws and ordinances relating to 
the operation of motor vehicles, in whichever jurisdiction the 
vehicle is operated. 
    (b) It is the policy of each of the party states to: 
    (1) Promote compliance with the laws, ordinances, and 
administrative rules and regulations relating to the operation 
of motor vehicles by their operators in each of the 
jurisdictions where such operators drive motor vehicles. 
    (2) Make the reciprocal recognition of licenses to drive 
and eligibility therefor more just and equitable by considering 
the overall compliance with motor vehicle laws, ordinances, and 
administrative rules and regulations as a condition precedent to 
the continuance or issuance of any license by reason of which 
the licensee is authorized or permitted to operate a motor 
vehicle in any of the party states. 
 ARTICLE II
Definitions
    As used in this compact: 
    (a) "State" means a state, territory, or possession of the 
United States, the District of Columbia, or the Commonwealth of 
Puerto Rico. 
    (b) "Home state" means the state which has issued and has 
the power to suspend or revoke the use of the license or permit 
to operate a motor vehicle. 
    (c) "Conviction" means a conviction of any offense related 
to the use or operation of a motor vehicle which is prohibited 
by state law, municipal ordinance, or administrative rule or 
regulation, or a forfeiture of bail, bond, or other security 
deposited to secure appearance by a person charged with having 
committed any such offense, and which conviction or forfeiture 
is required to be reported to the licensing authority. 
 ARTICLE III
Reports of Convictions
    The licensing authority of a party state shall report each 
conviction of a person from another party state occurring within 
its jurisdiction to the licensing authority of the home state of 
the licensee.  Such report shall clearly identify the person 
convicted; describe the violation specifying the section of the 
statute, code, or ordinance violated; identify the court in 
which action was taken; indicate whether a plea of guilty or not 
guilty was entered, or the conviction was a result of the 
forfeiture of bail, bond, or other security; and shall include 
any special findings made in connection therewith. 
 ARTICLE IV
Effect of Conviction
    (a) The licensing authority in the home state, for the 
purposes of suspension, revocation, or limitation of the license 
to operate a motor vehicle, shall give the same effect to the 
conduct reported, pursuant to article III of this compact, as it 
would if such conduct had occurred in the home state, in the 
case of convictions for: 
    (1) manslaughter or negligent homicide resulting from the 
operation of a motor vehicle; 
    (2) driving a motor vehicle while under the influence of 
intoxicating liquor or narcotic drug, or under the influence of 
any other drug to a degree which renders the driver incapable of 
safely driving a motor vehicle; 
    (3) any felony in the commission of which a motor vehicle 
is used; 
    (4) failure to stop and render aid in the event of a motor 
vehicle accident resulting in the death or personal injury of 
another. 
    (b) As to other convictions, reported pursuant to article 
III, the licensing authority in the home state shall give such 
effect to the conduct as provided by the laws of the home state. 
    (c) If the laws of a party state do not provide for 
offenses or violations denominated or described in precisely the 
words employed in subdivision (a) of this article, such party 
state shall construe the denominations and descriptions 
appearing in the subdivision (a) hereof as being applicable to 
and identifying those offenses or violations of a substantially 
similar nature and the laws of such party state shall contain 
such provisions as may be necessary to ensure that full force 
and effect is given to this article. 
 ARTICLE V
Applications for New Licenses
     Upon application for a license to drive, the licensing 
authority in a party state shall ascertain whether the applicant 
has ever held, or is the holder of a license to drive issued by 
any other party state.  The licensing authority in the state 
where application is made shall not issue a license to drive to 
the applicant if: 
     (1) The applicant has held such a license, but the same has 
been suspended by reason, in whole or in part, of a violation 
and if such suspension period has not terminated. 
     (2) The applicant has held such a license, but the same has 
been revoked by reason, in whole or in part, of a violation and 
if such revocation has not terminated, except that after the 
expiration of one year from the date the license was revoked, 
such person may make application for a new license if permitted 
by law.  The licensing authority may refuse to issue a license 
to any such applicant if, after investigation, the licensing 
authority determines that it will not be safe to grant to such 
person the privilege of driving a motor vehicle on the public 
highways. 
     (3) The applicant is the holder of a license to drive 
issued by another party state and currently in force unless the 
applicant surrenders such license. 
 ARTICLE VI
Applicability of Other Laws
     Except as expressly required by provisions of this compact, 
nothing contained herein shall be construed to affect the right 
of any party state to apply any of its other laws relating to 
licenses to drive to any person or circumstance, nor to 
invalidate or prevent any driver license agreement or other 
cooperative arrangement between a party state and a nonparty 
state. 
 ARTICLE VII
    Compact Administrator and Interchange of Information 
     (a) The head of the licensing authority of each party state 
shall be the administrator of this compact for the state.  The 
administrators, acting jointly, shall have the power to 
formulate all necessary and proper procedures for the exchange 
of information under this compact. 
     (b) The administrator of each party state shall furnish to 
the administrator of each other party state any information or 
documents reasonably necessary to facilitate the administration 
of this compact. 
 ARTICLE VIII
Entry Into Force and Withdrawal
     (a) This compact shall enter into force and become 
effective as to any state when it has enacted the same into law. 
     (b) Any party state may withdraw from this compact by 
enacting a statute repealing the same, but no such withdrawal 
shall take effect until six months after the executive head of 
the withdrawing state has given notice of the withdrawal to the 
executive heads of all other party states.  No withdrawal shall 
affect the validity or applicability by the licensing 
authorities of states remaining party to the compact of any 
report of conviction occurring prior to the withdrawal. 
 ARTICLE IX
Construction and Severability
    This compact shall be liberally construed so as to 
effectuate the purposes thereof.  The provisions of this compact 
shall be severable and if any phrase, clause, sentence, or 
provision of this compact is declared to be contrary to the 
constitution of any party state or of the United States, or the 
applicability thereof to any government, agency, person, or 
circumstance is held invalid, the validity of the remainder of 
this compact and the applicability thereof to any government, 
agency, person, or circumstance shall not be affected thereby.  
If this compact shall be held contrary to the constitution of 
any state party thereto, the compact shall remain in full force 
and effect as to the remaining states and in full force and 
effect as to the state affected as to all severable matters. 
    Sec. 36.  [171.51] [DEFINITIONS.] 
    Subdivision 1.  [EXECUTIVE HEAD.] For purposes of sections 
35 to 41, with reference to this state, the term "executive head"
means the governor of Minnesota. 
    Subd. 2.  [LICENSING AUTHORITY.] For purposes of sections 
35 to 41, the term "licensing authority" with reference to this 
state means the driver's license division of the Minnesota 
department of public safety. 
    Sec. 37.  [171.52] [TRANSFER OF INFORMATION.] 
    The licensing authority shall furnish to the appropriate 
authorities of any other party state information or documents 
reasonably necessary to facilitate the administration of section 
35, articles III, IV, and V.  
    Sec. 38.  [171.53] [COMPACT ADMINISTRATOR.] 
    The compact administrator provided for in section 35, 
article VII, is not entitled to additional compensation on 
account of service as administrator, but is entitled to expenses 
incurred in connection with the duties and responsibilities as 
administrator, in the same manner as for expenses incurred in 
connection with other duties or responsibilities of employment.  
The compact administrator shall represent this state or shall 
appoint a representative for this state in the driver license 
compact commission, and that commission has the authority to 
formulate procedures for exchanging information, as provided in 
section 35, article VII.  
    Sec. 39.  [171.54] [REPORTING TO LICENSING AUTHORITY.] 
    A court or other agency or political subdivision of this 
state, that has jurisdiction to take action regarding the 
suspension, revocation, cancellation, or other limitation of a 
license to drive, shall promptly report the action and the 
circumstances upon which it is based to the licensing authority 
on forms furnished by the department. 
    Sec. 40.  [171.55] [OUT-OF-STATE CONVICTIONS GIVEN EFFECT.] 
    The commissioner shall give the same effect for driver 
licensing purposes to conduct reported from a licensing 
authority or court in another state that the commissioner would 
give to conduct reported from a court or other agency of this 
state, whether or not the other state is a party to the driver 
license compact in section 35.  The conduct to be given effect 
by the commissioner includes a report of conviction for an 
offense enumerated in section 35, article IV, or an offense 
described in sections 171.17 and 171.18. 
    Sec. 41.  [171.56] [FILING OF BYLAWS AND AMENDMENTS.] 
    The driver license compact commission shall file a copy of 
its bylaws and amendments to the bylaws with the Minnesota 
secretary of state. 
     Sec. 42.  [TRANSITION; TEMPORARY LICENSES.] 
    The commissioner of public safety shall issue a temporary 
driver's license, of the class currently held by the driver, to 
a driver who possesses a good driving record as determined by 
the commissioner but fails to pass the commercial driver license 
written examination before the expiration date of that driver's 
license.  The temporary license is valid until the driver passes 
the commercial driver license written examination or March 31, 
1992, whichever is earlier. 
    Sec. 43.  [APPROPRIATION.] 
    $480,000 is appropriated to the commissioner of public 
safety from the trunk highway fund for record keeping, 
implementation, and administration of sections 1 to 42.  
$252,000 is for fiscal year 1990 and $228,000 is for fiscal year 
1991. 
    Sec. 44.  [EFFECTIVE DATE.] 
    Sections 1 to 16, 18 to 27, and 29 to 43 are effective 
January 1, 1990. 
    Section 17 is effective January 1, 1990, and is effective 
for an individual driver on the expiration date of that driver's 
license between January 1, 1990, and January 1, 1994.  Section 
17 is effective for all drivers after January 1, 1994. 
    Section 28, subdivisions 1, 2, 3, 4, and 6, are effective 
January 1, 1990, and apply to offenses committed, and 
revocations imposed for incidents occurring on, or after that 
date.  Section 28, subdivision 5, is effective the day following 
final enactment. 
    Presented to the governor May 30, 1989 
    Signed by the governor June 1, 1989, 10:54 p.m.