Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 346-S.F.No. 1797 
                  An act relating to drivers' licenses; providing that 
                  certain license suspensions are not effective until 14 
                  days after notice has been mailed to the licensee; 
                  restricting authority to suspend driver's license for 
                  petty misdemeanor traffic violations; amending 
                  Minnesota Statutes 1994, sections 169.797, by adding a 
                  subdivision; 169.92, subdivision 4; 170.24; 171.09; 
                  171.16, by adding a subdivision; 171.18, subdivision 
                  2; and 171.182, subdivision 3; Minnesota Statutes 1995 
                  Supplement, section 171.18, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 169.797, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [NOTICE OF SUSPENSION.] A driver's license 
        suspension under this section is subject to the notice 
        requirements of section 171.18, subdivision 2. 
           Sec. 2.  Minnesota Statutes 1994, section 169.92, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SUSPENSION OF DRIVER'S LICENSE.] (a) Upon 
        receiving a report from the court, or from the driver licensing 
        authority of a state, district, territory, or possession of the 
        United States or a province of a foreign country which has an 
        agreement in effect with this state pursuant to section 169.91, 
        that a resident of this state or a person licensed as a driver 
        in this state did not appear in court in compliance with the 
        terms of a citation, the commissioner of public safety shall 
        notify the driver that the driver's license will be suspended 
        unless the commissioner receives notice within 30 days that the 
        driver has appeared in the appropriate court or, if the offense 
        is a petty misdemeanor for which a guilty plea was entered under 
        section 609.491, that the person has paid any fine imposed by 
        the court.  If the commissioner does not receive notice of the 
        appearance in the appropriate court or payment of the fine 
        within 30 days of the date of the commissioner's notice to the 
        driver, the commissioner may suspend the driver's license, 
        subject to the notice requirements of section 171.18, 
        subdivision 2. 
           (b) The order of suspension shall indicate the reason for 
        the order and shall notify the driver that the driver's license 
        shall remain suspended until the driver has furnished evidence, 
        satisfactory to the commissioner, of compliance with any order 
        entered by the court. 
           (c) Suspension shall be ordered under this subdivision only 
        when the report clearly identifies the person arrested; 
        describes the violation, specifying the section of the traffic 
        law, ordinance or rule violated; indicates the location and date 
        of the offense; and describes the vehicle involved and its 
        registration number. 
           Sec. 3.  Minnesota Statutes 1994, section 170.24, is 
        amended to read: 
           170.24 [SUSPENSION OF LICENSE FOR NEGLECT TO REPORT 
        ACCIDENT.] 
           The commissioner may suspend the license, or any 
        nonresident's operating privilege, of any person who willfully 
        fails, refuses or neglects to make report of a traffic accident 
        as required by the laws of this state.  A license suspension 
        under this section is subject to the notice requirements of 
        section 171.18, subdivision 2.  
           Sec. 4.  Minnesota Statutes 1994, section 171.09, is 
        amended to read: 
           171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS.] 
           The commissioner shall have the authority, when good cause 
        appears, to impose restrictions suitable to the licensee's 
        driving ability or such other restrictions applicable to the 
        licensee as the commissioner may determine to be appropriate to 
        assure the safe operation of a motor vehicle by the licensee.  
        The commissioner may, upon receiving satisfactory evidence of 
        any violation of the restrictions of such the license, suspend 
        or revoke the same, but the licensee shall be entitled to a 
        hearing, as provided herein license.  A license suspension under 
        this section is subject to section 171.18, subdivisions 2 and 3. 
           It shall be is unlawful for any person to operate a motor 
        vehicle in any manner in violation of the restrictions imposed 
        in a restricted license issued to that person.  
           Sec. 5.  Minnesota Statutes 1994, section 171.16, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [NOTICE OF SUSPENSION.] A suspension under this 
        section is subject to the notice requirements of section 171.18, 
        subdivision 2. 
           Sec. 6.  Minnesota Statutes 1995 Supplement, section 
        171.18, subdivision 1, is amended to read: 
           Subdivision 1.  [OFFENSES.] The commissioner may suspend 
        the license of 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; 
           (2) has been convicted by a court for violating a provision 
        of chapter 169 or an ordinance regulating traffic, other than a 
        conviction for a petty misdemeanor, and department records show 
        that the violation contributed in causing an accident resulting 
        in the death or personal injury of another, or serious property 
        damage; 
           (3) is an habitually reckless or negligent driver of a 
        motor vehicle; 
           (4) is an habitual violator of the traffic laws; 
           (5) is incompetent to drive a motor vehicle as determined 
        in a judicial proceeding; 
           (6) has permitted an unlawful or fraudulent use of the 
        license; 
           (7) has committed an offense in another state that, if 
        committed in this state, would be grounds for suspension; 
           (8) has committed a violation of section 169.444, 
        subdivision 2, paragraph (a), within five years of a prior 
        conviction under that section; 
           (9) has committed a violation of section 171.22, except 
        that the commissioner may not suspend a person's driver's 
        license based solely on the fact that the person possessed a 
        fictitious or fraudulently altered Minnesota identification 
        card; 
           (10) has failed to appear in court as provided in section 
        169.92, subdivision 4; or 
           (11) has failed to report a medical condition that, if 
        reported, would have resulted in cancellation of driving 
        privileges. 
           However, an action taken by the commissioner under clause 
        (2) or (5) must conform to the recommendation of the court when 
        made in connection with the prosecution of the licensee. 
           Sec. 7.  Minnesota Statutes 1994, section 171.18, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NOTICE.] Upon suspending a driver's license 
        under this section, The department shall immediately notify may 
        not suspend a driver's license until 14 days after the date on 
        which the department mails to the licensee, in writing, by 
        depositing in the United States post office a written notice of 
        the department's intent to suspend the license, addressed to the 
        licensee at the licensee's last known address, with postage 
        prepaid.  Suspension of a driver's license shall take effect 
        immediately upon a finding by the commissioner, based on 
        department records or other sufficient evidence, that a delay in 
        the effectiveness of the suspension poses a threat to public 
        safety.  The department shall immediately notify the licensee of 
        the suspension by mail, addressed to the licensee's last known 
        address, with postage prepaid. 
           Sec. 8.  Minnesota Statutes 1994, section 171.182, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONDITIONS.] The commissioner, upon receipt of a 
        certified copy of a judgment, shall forthwith suspend the 
        license or the nonresident's operating privilege, of the person 
        against whom judgment was rendered if:  
           (a) At the time of the accident the person did not maintain 
        the reparation security required by section 65B.48, and 
           (b) The judgment has not been satisfied.  
           Suspensions under this section are subject to the notice 
        requirements of section 171.18, subdivision 2. 
           Presented to the governor March 18, 1996 
           Signed by the governor March 19, 1996, 4:22 p.m.