Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 177-S.F.No. 2851 
                  An act relating to drivers' licenses; limiting 
                  issuance of instruction permit and provisional 
                  driver's license after certain convictions; amending 
                  Minnesota Statutes 2002, sections 169A.55, by adding a 
                  subdivision; 171.05, by adding a subdivision; 171.055, 
                  subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 169A.55, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [REINSTATEMENT OR ISSUANCE OF PROVISIONAL 
        LICENSE.] The commissioner shall not issue a provisional or 
        regular driver's license to a person whose provisional driver's 
        license was revoked for conviction as a juvenile of violating 
        section 169A.20, 169A.33, or 169A.35; a provision of sections 
        169A.50 to 169A.53; or revoked for conviction of a crash-related 
        moving violation; until the person, following the violation, 
        reaches the age of 18 and satisfactorily: 
           (1) completes a formal course in driving instruction 
        approved by the commissioner of public safety; 
           (2) completes an additional three months' experience 
        operating a motor vehicle, as documented to the satisfaction of 
        the commissioner; 
           (3) completes the written examination for a driver's 
        license with a passing score; and 
           (4) complies with all other laws for reinstatement of a 
        provisional or regular driver's license, as applicable. 
           Sec. 2.  Minnesota Statutes 2002, section 171.05, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [INSTRUCTION PERMIT NOT ISSUED.] Notwithstanding 
        subdivision 1, the commissioner shall not issue an instruction 
        permit to a person under age 18 if the person has ever been 
        convicted of a violation of section 169A.20, 169A.33, or 
        169A.35; a violation of a provision of sections 169A.50 to 
        169A.53; or a crash-related moving violation. 
           Sec. 3.  Minnesota Statutes 2002, section 171.055, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENTS FOR PROVISIONAL LICENSE.] (a) 
        The department may issue a provisional license, which must be 
        distinctive in appearance from a driver's license, to an 
        applicant who: 
           (1) has reached the age of 16 years; 
           (2) during the six months immediately preceding the 
        application for the provisional license has possessed an 
        instruction permit and has incurred (i) no convictions for a 
        violation of section 169A.20, 169A.33, 169A.35, or sections 
        169A.50 to 169A.53, (ii) no convictions for a crash-related 
        moving violation, and (iii) no convictions for a moving 
        violation that is not crash related; 
           (3) has successfully completed a course of driver education 
        in accordance with department rules; 
           (4) completes the required application, which must be 
        approved by (i) either parent when both reside in the same 
        household as the minor applicant or, if otherwise, then (ii) the 
        parent or spouse of the parent having custody or, in the event 
        there is no court order for custody, then (iii) the parent or 
        spouse of the parent with whom the minor is living or, if items 
        (i) to (iii) do not apply, then (iv) the guardian having custody 
        of the minor or, in the event a person under the age of 18 has 
        no living father, mother, or guardian, or is married or 
        otherwise legally emancipated, then (v) the applicant's adult 
        spouse, adult close family member, or adult employer; provided, 
        that the approval required by this clause contains a 
        verification of the age of the applicant and the identity of the 
        parent, guardian, adult spouse, adult close family member, or 
        adult employer; 
           (5) presents certification by the person who approves the 
        application under clause (4) stating that the applicant has 
        driven a motor vehicle accompanied by and under the supervision 
        of a licensed driver at least 21 years of age, for no less than 
        30 hours, at least ten of which were nighttime hours; and 
           (6) pays the fee required in section 171.06, subdivision 2. 
           (b) For purposes of this section, "moving violation" has 
        the meaning given it in section 171.04, subdivision 1. 
           (c) Notwithstanding paragraph (a), clause (2), the 
        commissioner shall not issue a provisional license to a person 
        who has ever incurred a conviction for violation of section 
        169A.20, 169A.33, or 169A.35; a violation of a provision of 
        sections 169A.50 to 169A.53; or a crash-related moving 
        violation, and at the time of the conviction the person did not 
        possess an instruction permit. 
           Sec. 4.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor May 6, 2004 
           Signed by the governor May 7, 2004, 3:05 p.m.