language to be deleted (2) new language
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commissioner shall not issue a provisional or regular driver's license to a person whose provisional driver's license was revoked for conviction as a juvenile of violating section 169A.20, 169A.33, or 169A.35; a provision of sections 169A.50 to 169A.53; or revoked for conviction of a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.