Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 277-H.F.No. 244 
           An act relating to traffic regulations; regulating 
          traffic safety concerning school buses and the safety 
          of school children; providing penalties; requiring a 
          study of the application of school bus requirements to 
          head start transportation; amending Minnesota Statutes 
          1990, sections 169.01, subdivision 6; 169.45; 169.451; 
          171.07, by adding a subdivision; 171.17; and 171.18; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 169; repealing Minnesota Statutes 1990, 
          sections 169.44; and 169.64, subdivision 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [PURPOSE.] 
    It is the purpose of this act to enhance the safety of 
Minnesota's school children by reducing the number of violations 
of school bus safety laws through: 
    (1) increased education for motorists, school bus drivers, 
and law enforcement officials in school bus safety laws; 
    (2) cooperative efforts by school personnel, law 
enforcement, and prosecuting attorneys; 
    (3) increased civil and criminal penalties for violations 
of school bus safety laws; 
    (4) strengthened enforcement of school bus safety laws; and 
    (5) a consistent and vigorous response by the judiciary to 
punish violators and thereby deter future violations. 
    Sec. 2.  Minnesota Statutes 1990, section 169.01, 
subdivision 6, is amended to read: 
    Subd. 6.  [SCHOOL BUS.] "School bus" means a motor vehicle 
used to transport pupils to or from a school defined in section 
120.101, or to or from school-related activities, by the school 
or a school district, or by someone under an agreement with the 
school or a school district.  A school bus does not include a 
motor vehicle transporting children to or from school for which 
parents or guardians receive direct compensation from a school 
district, a motor coach operating under charter carrier 
authority, or a transit bus providing services as defined in 
section 174.22, subdivision 7.  A school bus may be type I, type 
II, or type III as follows:  
    (a) A "type I school bus" means a school bus of more than 
10,000 pounds gross vehicle weight rating, designed for carrying 
more than ten persons.  [MN Rules, part 3520.3701, subp 1] 
    (b) A "type II school bus" is a bus with a gross vehicle 
weight rating of 10,000 pounds or less, designed for carrying 
more than ten persons.  It must be outwardly equipped and 
identified as a school bus.  [MN Rules, part 3520.3701, subp 2] 
    (c) Type III school buses are restricted to passenger cars, 
station wagons, vans, and buses having a maximum manufacturer's 
rated seating capacity of ten people, including the driver, and 
a gross vehicle weight rating of 10,000 pounds or less.  In this 
subdivision, "gross vehicle weight rating" means the value 
specified by the manufacturer as the loaded weight of a single 
vehicle.  A "type III school bus" must not be outwardly equipped 
and identified as a school bus.  [169.44, subd 15] 
    Sec. 3.  [169.441] [SCHOOL BUS IDENTIFICATION.] 
    Subdivision 1.  [IDENTIFICATION AND SIGNAL REQUIREMENTS, 
GENERALLY.] For purposes of sections 169.441 to 169.448, school 
bus means a motor vehicle that is outwardly equipped and 
identified as a school bus.  A motor vehicle that satisfies the 
identification requirements of this section and the signal 
equipment requirements of section 169.442 is considered 
outwardly equipped and identified as a school bus.  [169.44, 
subd 1a] 
    Subd. 2.  [COLOR REQUIREMENTS.] (a) A new school bus must 
be painted national school bus glossy yellow if it is to be used 
in Minnesota as a school bus, and can seat more than ten people, 
including the driver.  
    (b) A school bus that is substantially repainted must be 
painted national school bus glossy yellow.  [169.44, subd 1a] 
     (c) The roof of a school bus may be painted white.  
    Subd. 3.  [SIGN ON BUS; APPLICATION OF OTHER LAW.] Sections 
169.442, subdivisions 2 and 3; 169.443, subdivision 2; and 
169.444, subdivisions 1, 4, and 5, apply only if the school bus 
bears on its front and rear a plainly visible sign containing 
the words "school bus" in letters at least eight inches in 
height. 
    The sign must be removed or covered when the vehicle is 
being used as other than a school bus.  [169.44, subd 3] 
    Subd. 4.  ["MN" DESIGNATION IN BUS BODY SERIAL NUMBER.] 
School bus bodies manufactured after December 31, 1991, and used 
on streets and highways in Minnesota must bear the designation 
"MN" within the bus body identification number.  The "MN" 
designation may be made only by the manufacturer and must not be 
located on either end of the bus body identification number.  
The manufacturer of the school bus body certifies by the "MN" 
designation that the bus body has been manufactured to meet the 
minimum standards required of school bus bodies by law.  A 
school bus body manufactured before January 1, 1992, that does 
not bear a current inspection sticker on July 1, 1992, may not 
be used on streets and highways in Minnesota after July 1, 1992, 
unless its manufacturer recertifies that the school bus body 
meets minimum standards required of school bus bodies by 
law.  [169.44, subd 17] 
    Subd. 5.  [OPTIONAL MARKINGS; RULES.] A school district or 
technical college may elect to show on the front and rear of the 
school buses that it owns or contracts for, a plainly visible, 
summary message explaining section 169.444, subdivisions 1 and 
2.  If the school district or technical college elects to 
display the message, it must conform with the rules of the 
commissioner of education.  The commissioner shall adopt rules 
governing the size, type, design, display, and content of the 
summary message that may be shown. 
    Sec. 4.  [169.442] [SCHOOL BUS SIGNALS.] 
    Subdivision 1.  [SIGNALS REQUIRED.] A type I or type II 
school bus must be equipped with a stop signal arm, prewarning 
flashing amber signals, and flashing red signals.  [169.44, subd 
1a] 
    Subd. 2.  [FLASHING SIGNALS ON STOP ARM.] A school bus stop 
signal arm may be equipped with alternately flashing red warning 
signals that are visible both to the front and to the rear of 
the bus.  School buses manufactured after July 1, 1989, must be 
so equipped.  [169.44, subd 14; MN Rules, parts 3520.5200, subps 
7 and 8, and 7425.2100, subp 1, item II] 
    Subd. 3.  [APPROVAL OF SIGNALS.] Flashing prewarning amber 
signals and flashing red signals must be of a type approved by 
the commissioner of public safety.  The signals must be a 
complete system meeting minimum standards required by this 
section and state board of education rules.  [169.44, subd 10] 
    Subd. 4.  [OPTIONAL WARNING SYSTEM.] In addition to 
equipment required under subdivision 1, and notwithstanding 
section 169.64, a school bus may be equipped with a 
driver-activated, exterior student-control, warning system.  The 
driver shall activate this system when the use of the stop 
signal arm and flashing red signals is required under section 
169.443, subdivision 1.  [169.44, subd 1d] 
    Subd. 5.  [WHITE STROBE LAMPS ON SCHOOL BUSES.] 
Notwithstanding sections 169.55, subdivision 1; 169.57, 
subdivision 3, paragraph (b), or other law to the contrary, a 
school bus that is subject to and complies with the color and 
equipment requirements of sections 169.441, subdivision 1, and 
169.442, subdivision 1, may be equipped with a 360-degree, 
flashing strobe lamp that emits a white light with a flash rate 
of 60 to 120 flashes a minute.  The lamp may be used only as 
provided in this subdivision.  
    The strobe lamp must be of a double flash type certified to 
the commissioner of public safety by the manufacturer as being 
weatherproof and having a minimum effective light output of 200 
candelas as measured by the Blondel-Rey formula.  The lamp must 
be permanently mounted on the longitudinal center line of the 
bus roof not less than two feet nor more than seven feet forward 
of the rear roof edge.  It must operate from a separate switch 
containing an indicator lamp to show when the strobe lamp is in 
use.  
    The strobe lamp may be lighted only when atmospheric 
conditions or terrain restrict the visibility of school bus 
lamps and signals so as to require use of the bright strobe lamp 
to alert motorists to the presence of the school bus.  A strobe 
lamp may not be lighted unless the school bus is actually being 
used as a school bus.  [169.64, subd 7] 
    Sec. 5.  [169.443] [SAFETY OF SCHOOL CHILDREN; BUS DRIVER'S 
DUTIES.] 
    Subdivision 1.  [USING BUS SIGNALS.] A driver of a school 
bus shall activate the prewarning flashing amber signals of the 
bus before stopping to load or unload school children.  The 
driver shall activate and continuously operate the amber signals 
for a distance of at least 100 feet before stopping in a speed 
zone of 35 miles per hour or less and at least 300 feet before 
stopping in a speed zone of more than 35 miles per hour.  On 
stopping for this purpose, the driver shall extend the stop 
signal arm and activate the flashing red signals.  The driver 
shall not retract the stop signal arm nor extinguish the 
flashing red signals until loading or unloading is completed, 
students are seated, and children who must cross the roadway are 
safely across.  [169.44, subd 2, para (a)] 
    Subd. 2.  [USE OF STOP SIGNAL ARM.] (a) The stop signal arm 
of a school bus must be used in conjunction with the flashing 
red signals only when the school bus is stopped on a street or 
highway to load or unload school children.  [169.44, subd 1] 
     (b) A local authority, including the governing body of an 
Indian tribe, may by ordinance require that a school bus 
activate the stop signal arm and flashing red signals while 
stopped to unload school children at a location other than a 
location on a street or highway.  The ordinance must designate 
each location where the requirement is imposed.  The requirement 
is effective only if the local authority has erected signs at or 
near the location to provide adequate notice that other vehicles 
are required to obey section 169.444, subdivision 1, when those 
signals are activated. 
    Subd. 3.  [WHEN SIGNALS NOT USED.] School bus drivers shall 
not activate the prewarning flashing amber signals or flashing 
red signals: 
    (1) in special school bus loading areas where the bus is 
entirely off the traveled portion of the roadway and where no 
other motor vehicle traffic is moving or is likely to be moving 
within 20 feet of the bus; 
     (2) in residential or business districts of home rule or 
statutory cities when directed not to do so by the local school 
administrator; 
    (3) when a school bus is being used on a street or highway 
for purposes other than the actual transportation of school 
children to or from school or a school-approved activity; 
    (4) at railroad grade crossings; and 
    (5) when loading and unloading people while the bus is 
completely off the traveled portion of a separated, one-way 
roadway that has adequate shoulders.  The driver shall drive the 
bus completely off the traveled portion of this roadway before 
loading or unloading people.  [169.44, subd 2, para (b)] 
    Subd. 4.  [STREET CROSSINGS.] Where school children must 
cross a roadway before getting on or after getting off the 
school bus, the driver of the school bus or a school bus patrol 
may supervise the crossing, using the standard school patrol 
flag or signal as approved and prescribed by the commissioner of 
public safety.  Before moving the school bus, the driver of the 
bus shall visually determine that all children have crossed the 
roadway and that those who are to do so have boarded the school 
bus.  [169.44, subd 2, para (c)] 
     Subd. 5.  [MOVING BUS AFTER CHILDREN UNLOADED.] When 
children are getting off a school bus, the driver shall visually 
determine that they are a safe distance from the bus before 
moving the bus.  [169.44, subd 2, para (c)] 
    Subd. 6.  [OTHER BUSES.] The driver of a type III school 
bus shall load or unload school children only from the 
right-hand side of the vehicle, provided that on a one-way 
street the driver shall load or unload school children only from 
the curb side of the vehicle.  When loading or unloading school 
children, the driver shall activate the vehicle's four-way 
hazard lights described in section 169.59, subdivision 
4.  [169.44, subd 2, para (d)] 
     Subd. 7.  [VIOLATION.] A person who violates this section 
is guilty of a misdemeanor. 
    Sec. 6.  [169.444] [SAFETY OF SCHOOL CHILDREN; DUTIES OF 
OTHER DRIVERS.] 
    Subdivision 1.  [CHILDREN GETTING ON OR OFF SCHOOL 
BUS.] When a school bus is stopped on a street or highway, or 
other location where signs have been erected under section 
169.443, subdivision 2, paragraph (b), and is displaying an 
extended stop signal arm and flashing red lights, the driver of 
a vehicle approaching the bus shall stop the vehicle at least 20 
feet away from the bus.  The vehicle driver shall not allow the 
vehicle to move until the school bus stop signal arm is 
retracted and the red lights are no longer flashing.  [169.44, 
subd 1] 
    Subd. 2.  [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person 
who fails to stop a vehicle or to keep it stopped, as required 
in subdivision 1, is guilty of a misdemeanor.  [169.44, subd 1] 
    (b) A person is guilty of a gross misdemeanor if the person 
fails to stop a motor vehicle or to keep it stopped, as required 
in subdivision 1, and commits either or both of the following 
acts: 
    (1) passes or attempts to pass the school bus in a motor 
vehicle on the right-hand, passenger-door side of the bus; or 
    (2) passes or attempts to pass the school bus in a motor 
vehicle when a school child is outside of and on the street or 
highway used by the school bus or on the adjacent sidewalk. 
    Subd. 3.  [PROSECUTOR.] The attorney in the jurisdiction in 
which the violation occurred who is responsible for prosecution 
of misdemeanor violations of this section shall also be 
responsible for prosecution of gross misdemeanor violations of 
this section.  
    When an attorney responsible for prosecuting gross 
misdemeanors under this section requests criminal history 
information relating to prior convictions under this section 
from a court, the court must furnish the information without 
charge.  
    Subd. 4.  [EXCEPTION FOR SEPARATED ROADWAY.] A person 
driving a vehicle on a street or highway with separated roadways 
is not required to stop the vehicle when approaching or meeting 
a school bus that is on a different roadway. 
    "Separated roadway" means a road that is separated from a 
parallel road by a safety isle or safety zone.  [169.44, subd 4] 
    Subd. 5.  [CAUSE FOR ARREST.] A peace officer may arrest 
the driver of a motor vehicle if the peace officer has probable 
cause to believe that the driver has operated the vehicle in 
violation of subdivision 1 within the past four hours.  [169.44, 
subd 1c, para (1)] 
    Subd. 6.  [VIOLATION; PENALTY FOR OWNERS AND LESSEES.] (a) 
If a motor vehicle is operated in violation of subdivision 1, 
the owner of the vehicle, or for a leased motor vehicle the 
lessee of the vehicle, is guilty of a petty misdemeanor. 
    (b) The owner or lessee may not be fined under paragraph 
(a) if (1) another person is convicted for that violation, or 
(2) the motor vehicle was stolen at the time of the violation.  
    (c) Paragraph (a) does not apply to a lessor of a motor 
vehicle if the lessor keeps a record of the name and address of 
the lessee.  
    (d) Paragraph (a) does not prohibit or limit the 
prosecution of a motor vehicle operator for violating 
subdivision 1.  
    (e) A violation under paragraph (a) does not constitute 
grounds for revocation or suspension of the owner's or lessee's 
driver's license.  [169.44, subd 1c, para (2)] 
    Subd. 7.  [EVIDENTIARY PRESUMPTION.] There is a rebuttable 
presumption that signals described in section 169.442 were in 
working order and operable when a violation of subdivision 1, 2, 
or 5 was allegedly committed, if the signals of the applicable 
school bus were inspected and visually found to be in working 
order and operable within 12 hours preceding the incident giving 
rise to the violation. 
    Subd. 8.  [SCHEDULING CASES.] When necessary or desirable 
to ensure that a school bus driver who witnessed or otherwise 
can provide relevant information concerning a violation of this 
section is available to be present at a court proceeding held to 
determine an alleged violation of this section, the court 
administrator shall schedule the proceeding to be held between 
the hours of 10:00 a.m. and 2:00 p.m. 
    Sec. 7.  [169.445] [COOPERATION WITH LAW ENFORCEMENT; 
INFORMATION; RULES; REPORTS.] 
    Subdivision 1.  [COOPERATION OF SCHOOL AUTHORITIES.] The 
state board of education shall ensure that local authorities 
having jurisdiction over school buses shall cooperate with law 
enforcement and judicial authorities in reporting and 
prosecuting violators of sections 169.443 and 169.444. 
    Subd. 2.  [INFORMATION; RULES.] The board shall compile 
information regarding violations, prosecutions, convictions or 
other disposition, and penalties imposed under sections 169.443 
and 169.444.  At the request of the board, local school 
authorities shall provide this information.  The board may adopt 
rules governing the content and providing procedures for the 
school authorities to provide this information. 
     Subd. 3.  [LEGISLATIVE REPORT.] The board shall submit a 
report to the legislature by March 1, 1992, summarizing the 
information compiled under subdivision 2 for the previous 
calendar year, listing its findings, and making recommendations 
it considers appropriate. 
    Sec. 8.  [169.446] [SAFETY OF SCHOOL CHILDREN; TRAINING AND 
EDUCATION RULES.] 
     Subdivision 1.  [PEACE OFFICER TRAINING.] The board of 
peace officer standards and training shall include sections 
169.441 to 169.448 and the enforcement of sections 169.443, 
169.444, 169.447, and 169.448 in the instruction for the 
professional peace officer education program.  The board shall 
notify the chief law enforcement officer of each law enforcement 
agency in the state of these sections. 
    Subd. 2.  [DRIVER TRAINING PROGRAMS.] The commissioner of 
public safety shall adopt rules requiring thorough instruction 
concerning section 169.444 for persons enrolled in driver 
training programs offered at private and parochial schools and 
commercial driver training schools.  The instruction must 
encompass at least the responsibilities of drivers, the content 
and requirements of section 169.444, and the penalties for 
violating that section. 
    Subd. 3.  [DRIVER EDUCATION PROGRAMS.] The state board of 
education shall adopt rules requiring thorough instruction 
concerning section 169.444 for persons enrolled in driver 
education programs offered at public schools.  The instruction 
must encompass at least the responsibilities of drivers, the 
content and requirements of section 169.444, and the penalties 
for violating that section. 
    Sec. 9.  [169.447] [SCHOOL BUS SAFETY.] 
    Subdivision 1.  [PASSENGER SEATING.] (a) The number of 
pupils or other authorized passengers transported in a school 
bus must not be more than the number of pupils or passengers 
that can be fully seated.  Seating capacity must be adjusted 
according to each passenger's individual physical size, but not 
more than the manufacturers' rated seating capacity. 
    (b) No person shall stand in the school bus when the bus is 
in motion.  [169.44, subd 6] 
    Subd. 2.  [DRIVER SEAT BELTS.] New school buses must be 
equipped with driver seat belts and seat belt assemblies of the 
type described in section 169.685, subdivision 3.  School bus 
drivers must use these seat belts.  [169.44, subd 9] 
    Subd. 3.  [RECAPPED TIRES.] Recapped tires must not be used 
on the front wheels of a school bus.  [169.44, subd 11] 
    Subd. 4.  [AISLE AND EXIT.] The driver of a school bus 
shall keep the aisle and emergency exit of a school bus 
unobstructed at all times when children are being transported.  
[169.44, subd 12] 
    Subd. 5.  [TRAILER BEHIND SCHOOL BUS.] A school bus may 
pull a trailer, as defined by section 169.01, subdivision 10, 
only when traveling to or from cocurricular or extracurricular 
activities, as defined in section 123.38.  [169.44, subd 13] 
    Subd. 6.  [OVERHEAD BOOK RACKS.] Types I and II school 
buses may be equipped with padded, permanent overhead book racks 
that do not hang over the center aisle of the bus.  [169.44, 
subd 16] 
    Sec. 10.  [169.448] [OTHER BUSES.] 
    Subdivision 1.  [RESTRICTIONS ON APPEARANCE; PENALTY.] A 
bus that is not used as a school bus may not be operated on a 
street or highway unless it is painted a color significantly 
different than national school bus glossy yellow or Minnesota 
school bus golden orange.  
    A bus that is not used as a school bus may not be operated 
if it is equipped with school bus-related equipment and printing.
    A violation of this subdivision is a misdemeanor.  [169.44, 
subd 8] 
     This subdivision does not apply to a school bus owned by or 
under contract to a school district operated as a charter or 
leased bus.  
    Subd. 2.  [SCHOOL MOTOR COACHES.] (a) Neither a school 
district nor a technical college may acquire a motor coach for 
transportation purposes.  
    (b) A motor coach acquired by a school district or 
technical college before March 26, 1986, may be used by it only 
to transport students participating in school activities, their 
instructors, and supporting personnel to and from school 
activities.  A motor coach may not be outwardly equipped and 
identified as a school bus.  A motor coach operated under this 
subdivision is not a school bus for purposes of section 
124.225.  The state board of education shall implement rules 
governing the equipment, identification, operation, inspection, 
and certification of motor coaches operated under this 
subdivision.  
    (c) After January 1, 1998, neither a school district nor a 
technical college may own or operate a motor coach for any 
purpose.  [169.44, subd 18] 
     Subd. 3.  [HEAD START VEHICLES.] Notwithstanding 
subdivision 1, a vehicle used to transport students under Public 
Law Number 99-425, the Head Start Act, may be equipped as a 
school bus. 
     Sec. 11.  Minnesota Statutes 1990, section 169.45, is 
amended to read: 
    169.45 [SCHOOL BUSES BUS RULES, ENFORCEMENT.] 
    Subdivision 1.  [BOARD OF EDUCATION RULES, ENFORCEMENT.] 
Except as provided in subdivision 2 and section 169.451, the 
state board of education has sole and exclusive authority to 
adopt and enforce rules not inconsistent with this chapter to 
govern the design, color, and operation of school buses used for 
the transportation of school children, when owned and operated 
by a school or privately owned and operated under a contract 
with a school, and these rules must be made a part of that 
contract by reference.  Each school, its officers and employees, 
and each person employed under the contract is subject to these 
rules. 
    Subd. 2.  [PENALTY; ENFORCEMENT.] The operation of a school 
bus on the public streets or highways in violation of rules 
concerning the operation of school buses adopted by the board 
under subdivision 1 is a misdemeanor.  The state patrol shall 
enforce rules adopted under subdivision 1 when a school bus is 
operated on a public street or highway. 
    Sec. 12.  Minnesota Statutes 1990, section 169.451, is 
amended to read: 
    169.451 [SCHOOL BUS INSPECTION; RULES; PENALTY.] 
    Subdivision 1.  [ANNUAL REQUIREMENT.] The Minnesota state 
patrol shall inspect every school bus annually to ascertain 
whether its construction, design, equipment, and color comply 
with all provisions of law. 
    Subd. 2.  [INSPECTION CERTIFICATE.] No person shall drive, 
or no owner shall knowingly permit or cause to be driven, any 
school bus unless there is displayed thereon a certificate 
issued by the commissioner of public safety stating that on a 
certain date, which shall be within 13 months of the date of 
operation, a member of the Minnesota state patrol inspected the 
bus and found that on the date of inspection the bus complied 
with the applicable provisions of state law relating to 
construction, design, equipment, and color.  The commissioner of 
public safety shall provide by rule for the issuance and display 
of distinctive inspection certificates. 
    Subd. 3.  [RULES OF COMMISSIONER.] (a) The commissioner of 
public safety shall provide by rule for the issuance and display 
of distinctive inspection certificates. 
    (b) The commissioner of public safety shall provide by rule 
a point system for evaluating the effect on safety operation of 
any variance from law detected during school bus inspections 
conducted pursuant to subdivision 1. 
    Subd. 4.  [VIOLATIONS; PENALTY.] The state patrol shall 
enforce subdivision 2.  A violation of subdivision 2 is a 
misdemeanor. 
    Sec. 13.  Minnesota Statutes 1990, section 171.07, is 
amended by adding a subdivision to read: 
    Subd. 8.  [CERTIFICATION; SCHOOL BUS SAFETY LAWS.] Before a 
driver's license may be issued or renewed, an applicant for a 
driver's license or renewal shall certify by signature that the 
applicant is aware of the duties and responsibilities required 
of drivers under section 169.444 to guard against jeopardizing 
the safety of school children around school buses and the 
penalties for violating that section.  A failure to make this 
certification does not bar a prosecution for violation of 
section 169.444. 
    Sec. 14.  Minnesota Statutes 1990, section 171.17, is 
amended to read: 
    171.17 [REVOCATION.] 
    Subdivision 1.  [OFFENSES.] The department shall forthwith 
immediately revoke the license of any a driver upon receiving a 
record of such the driver's conviction of any of the following 
offenses: 
    (1) manslaughter or criminal vehicular operation resulting 
from the operation of a motor vehicle; 
    (2) any a violation of section 169.121 or 609.487; 
    (3) any a felony in the commission of which a motor vehicle 
was used; 
    (4) failure to stop and disclose identity and render aid, 
as required under the laws of this state, in the event of a 
motor vehicle accident, resulting in the death or personal 
injury of another; 
    (5) perjury or the making of a false affidavit or statement 
to the department under any law relating to the ownership or 
operation of a motor vehicle; 
    (6) except as this section otherwise provides, conviction, 
plea of guilty, or forfeiture of bail not vacated, upon three 
charges of violating, within a period of 12 months, any of the 
provisions of chapter 169, or of the rules or municipal 
ordinances enacted in conformance therewith with chapter 169, 
for which the accused may be punished upon conviction by 
imprisonment; 
    (7) conviction of two or more violations, within five 
years, of the misdemeanor offense described in section 169.444, 
subdivision 2, paragraph (a); 
    (8) conviction of the misdemeanor offense described in 
section 169.443, subdivision 7, or the gross misdemeanor offense 
described in section 169.444, subdivision 2, paragraph (b); 
    (9) conviction of an offense in another state which that, 
if committed in this state, would be grounds for the revocation 
of revoking the driver's license. 
    Subd. 2.  [OFFENSES BY JUVENILES.] When any judge of a 
juvenile court, judge or any of its duly authorized agents, 
agent determines under a proceeding held under chapter 260 that 
any a person under the age of 18 years has committed any an 
offense defined in this section, such the judge, or duly 
authorized agent, shall immediately report this determination to 
the department, and the commissioner shall immediately revoke 
the person's driver's license of that person. 
    Subd. 3.  [NOTICE.] Upon revoking the license of any 
person, as hereinbefore in a driver's license under this chapter 
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. 
    Sec. 15.  Minnesota Statutes 1990, section 171.18, is 
amended to read: 
    171.18 [SUSPENSION.] 
    Subdivision 1.  [OFFENSES.] The commissioner shall have 
authority to and may suspend the license of any a 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 violating a provision of the highway traffic 
regulation act chapter 169 or an ordinance regulating traffic 
and where it appears from department records show 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 the 
license; or 
    (7) has committed an offense in another state which that, 
if committed in this state, would be grounds for suspension; or 
    (8) has committed a violation of section 169.444, 
subdivision 2, paragraph (a); 
    (9) has committed a violation of section 171.22; or 
    (9) (10) has failed to appear in court as provided in 
section 169.92, subdivision 4; or 
    (10) (11) has failed to report a medical condition that, if 
reported, would have resulted in cancellation of driving 
privileges. 
    Provided, However, that any an action taken by the 
commissioner under clauses clause (2) and or (5) shall must 
conform to the recommendation of the court when made in 
connection with the prosecution of the licensee. 
    Subd. 2.  [NOTICE.] Upon suspending the a driver's license 
of any person, as hereinbefore in under 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. 
    Subd. 3.  [HEARING.] (a) The licensee's written licensee 
may request, in writing, a hearing.  The department shall afford 
the requesting licensee an opportunity for a hearing within not 
to exceed 20 days after receipt of such the request in the 
county wherein where the licensee resides, unless the department 
and the licensee agree that such the hearing may be held in some 
other county. 
    (b) Upon such For the 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. 
    (c) Upon such Following the hearing, the department shall 
either rescind its order of suspension or, for good cause 
appearing therefor shown, may extend the suspension of such the 
license or revoke such the license. 
    (d) The department shall not suspend a license for a period 
of more than one year. 
    Sec. 16.  [STUDY.] 
     The commissioner of public safety, in consultation with the 
commissioners of jobs and training and education and other 
affected parties, shall study the application of school bus 
requirements to head start vehicles and drivers and shall report 
on the results of the study to the chairs of the transportation 
committees of the house and senate by February 1, 1992. 
    Sec. 17.  [REVISOR'S INSTRUCTION.] 
    In each section of Minnesota Statutes referred to in column 
A, the revisor of statutes shall delete the reference in column 
B and insert the reference in column C. 
   Column A           Column B           Column C 
   124.225, subd. 1   169.44, subd. 15   169.01, subd. 6, 
                                         para. (c)
   169.01, subd. 75   169.44, subd. 15   169.01, subd. 6, 
                                         para. (c)
   169.32             169.44             169.441 and  
                                         169.442, subd. 1 
   171.01, subd. 22   169.44, subd. 15   169.01, subd. 6, 
                                         para. (c)
    Sec. 18.  [REPEALER.] 
    Minnesota Statutes 1990, sections 169.44; and 169.64, 
subdivision 7, are repealed. 
    Sec. 19.  [EFFECTIVE DATE.] 
    Sections 5, 6, and 10, subdivision 1, are effective August 
1, 1991, and apply to violations occurring on or after that date.
    Presented to the governor May 29, 1991 
    Signed by the governor June 1, 1991, 3:51 p.m.