1.1                          A bill for an act 
  1.2             relating to drivers' licenses; restricting use of 
  1.3             provisional driver's license; requiring all passengers 
  1.4             in vehicle operated by provisional license holder to 
  1.5             use seat belts and imposing fines; amending Minnesota 
  1.6             Statutes 2002, sections 169.686, subdivision 1; 
  1.7             171.04, subdivision 1; 171.055, subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 169.686, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) A properly 
  1.12  adjusted and fastened seat belt, including both the shoulder and 
  1.13  lap belt when the vehicle is so equipped, shall be worn by: 
  1.14     (1) the driver of a passenger vehicle or commercial motor 
  1.15  vehicle; 
  1.16     (2) a passenger riding in the front seat of a passenger 
  1.17  vehicle or commercial motor vehicle; and 
  1.18     (3) a passenger riding in any seat of a passenger vehicle 
  1.19  who is older than three but younger than 11 years of age; and 
  1.20     (4) a person who is in any seat of a passenger vehicle 
  1.21  operated by a provisional license holder. 
  1.22     (b) A person who is 15 years of age or older and who 
  1.23  violates paragraph (a), clause (1) or, (2), or (4), is subject 
  1.24  to a fine of $25.  The driver of the passenger vehicle or 
  1.25  commercial motor vehicle in which the violation occurred is 
  1.26  subject to a $25 fine for a violation of paragraph (a), clause 
  2.1   (2) or (3), by a child of the driver under the age of 15 or any 
  2.2   child under the age of 11.  A provisional license holder driving 
  2.3   a passenger vehicle in which a violation of paragraph (a), 
  2.4   clause (4), occurs is subject to a $25 fine.  A peace officer 
  2.5   may not issue a citation for a violation of this section unless 
  2.6   the officer lawfully stopped or detained the driver of the motor 
  2.7   vehicle for a moving violation other than a violation involving 
  2.8   motor vehicle equipment.  The department of public safety shall 
  2.9   not record a violation of this subdivision on a person's driving 
  2.10  record. 
  2.11     Sec. 2.  Minnesota Statutes 2002, section 171.04, 
  2.12  subdivision 1, is amended to read: 
  2.13     Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
  2.14  shall not issue a driver's license: 
  2.15     (1) to any person under 18 years unless: 
  2.16     (i) the applicant is 16 or 17 years of age and has a 
  2.17  previously issued valid license from another state or country or 
  2.18  the applicant has, for the 12 consecutive months preceding 
  2.19  application, held a provisional license and during that time has 
  2.20  incurred (A) no conviction for a violation of section 169A.20, 
  2.21  169A.33, 169A.35, or sections 169A.50 to 169A.53, and (B) no 
  2.22  conviction for a crash-related moving violation, and (C) not 
  2.23  more than one conviction for a moving violation that is not 
  2.24  crash related no conviction for a violation of the provisions of 
  2.25  section 171.055, subdivision 2, paragraph (a).  "Moving 
  2.26  violation" means a violation of a traffic regulation but does 
  2.27  not include a parking violation, vehicle equipment violation, or 
  2.28  warning citation; 
  2.29     (ii) the application for a license is approved by (A) 
  2.30  either parent when both reside in the same household as the 
  2.31  minor applicant or, if otherwise, then (B) the parent or spouse 
  2.32  of the parent having custody or, in the event there is no court 
  2.33  order for custody, then (C) the parent or spouse of the parent 
  2.34  with whom the minor is living or, if subitems (A) to (C) do not 
  2.35  apply, then (D) the guardian having custody of the minor or, in 
  2.36  the event a person under the age of 18 has no living father, 
  3.1   mother, or guardian, or is married or otherwise legally 
  3.2   emancipated, then (E) the minor's adult spouse, adult close 
  3.3   family member, or adult employer; provided, that the approval 
  3.4   required by this item contains a verification of the age of the 
  3.5   applicant and the identity of the parent, guardian, adult 
  3.6   spouse, adult close family member, or adult employer; and 
  3.7      (iii) the applicant presents a certification by the person 
  3.8   who approves the application under item (ii), stating that the 
  3.9   applicant has driven a motor vehicle accompanied by and under 
  3.10  supervision of a licensed driver at least 21 years of age for at 
  3.11  least ten hours during the period of provisional licensure; 
  3.12     (2) to any person who is 18 years of age or younger, unless 
  3.13  the person has applied for, been issued, and possessed the 
  3.14  appropriate instruction permit for a minimum of six months, and, 
  3.15  with respect to a person under 18 years of age, a provisional 
  3.16  license for a minimum of 12 months; 
  3.17     (3) to any person who is 19 years of age or older, unless 
  3.18  that person has applied for, been issued, and possessed the 
  3.19  appropriate instruction permit for a minimum of three months; 
  3.20     (4) to any person whose license has been suspended during 
  3.21  the period of suspension except that a suspended license may be 
  3.22  reinstated during the period of suspension upon the licensee 
  3.23  furnishing proof of financial responsibility in the same manner 
  3.24  as provided in the Minnesota No-Fault Automobile Insurance Act; 
  3.25     (5) to any person whose license has been revoked except 
  3.26  upon furnishing proof of financial responsibility in the same 
  3.27  manner as provided in the Minnesota No-Fault Automobile 
  3.28  Insurance Act and if otherwise qualified; 
  3.29     (6) to any drug-dependent person, as defined in section 
  3.30  254A.02, subdivision 5; 
  3.31     (7) to any person who has been adjudged legally incompetent 
  3.32  by reason of mental illness, mental deficiency, or inebriation, 
  3.33  and has not been restored to capacity, unless the department is 
  3.34  satisfied that the person is competent to operate a motor 
  3.35  vehicle with safety to persons or property; 
  3.36     (8) to any person who is required by this chapter to take a 
  4.1   vision, knowledge, or road examination, unless the person has 
  4.2   successfully passed the examination.  An applicant who fails 
  4.3   four road tests must complete a minimum of six hours of 
  4.4   behind-the-wheel instruction with an approved instructor before 
  4.5   taking the road test again; 
  4.6      (9) to any person who is required under the Minnesota 
  4.7   No-Fault Automobile Insurance Act to deposit proof of financial 
  4.8   responsibility and who has not deposited the proof; 
  4.9      (10) to any person when the commissioner has good cause to 
  4.10  believe that the operation of a motor vehicle on the highways by 
  4.11  the person would be inimical to public safety or welfare; 
  4.12     (11) to any person when, in the opinion of the 
  4.13  commissioner, the person is afflicted with or suffering from a 
  4.14  physical or mental disability or disease that will affect the 
  4.15  person in a manner as to prevent the person from exercising 
  4.16  reasonable and ordinary control over a motor vehicle while 
  4.17  operating it upon the highways; 
  4.18     (12) to a person who is unable to read and understand 
  4.19  official signs regulating, warning, and directing traffic; 
  4.20     (13) to a child for whom a court has ordered denial of 
  4.21  driving privileges under section 260C.201, subdivision 1, or 
  4.22  260B.235, subdivision 5, until the period of denial is 
  4.23  completed; or 
  4.24     (14) to any person whose license has been canceled, during 
  4.25  the period of cancellation. 
  4.26     Sec. 3.  Minnesota Statutes 2002, section 171.055, 
  4.27  subdivision 2, is amended to read: 
  4.28     Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) A provisional 
  4.29  license holder may not operate a motor vehicle only when: 
  4.30     (1) between 12:00 a.m. and 5:00 a.m., unless accompanied by 
  4.31  the driver's parent or guardian, or unless driving to or from 
  4.32  the driver's job or an activity sponsored by a school or 
  4.33  religious organization; 
  4.34     (2) with more than one passenger under the age of 18, 
  4.35  except family members; and 
  4.36     (3) unless every occupant under the age of 18 has a seat 
  5.1   belt or child passenger restraint system properly fastened.  A 
  5.2   person who violates this paragraph is subject to a fine of $25.  
  5.3   A peace officer may not issue a citation for a violation of this 
  5.4   paragraph unless the officer lawfully stopped or detained the 
  5.5   driver of the motor vehicle for a moving violation as defined in 
  5.6   section 171.04.  The commissioner shall not record a violation 
  5.7   of this paragraph on a person's driving record. 
  5.8      (b) If the holder of a provisional license during the 
  5.9   period of provisional licensing incurs (1) a conviction for a 
  5.10  violation of section 169A.20, 169A.33, 169A.35, or sections 
  5.11  169A.50 to 169A.53, (2) a conviction for a crash-related moving 
  5.12  violation, or (3) more than one conviction for a moving 
  5.13  violation that is not crash related, or (3) any violation of the 
  5.14  provisions of paragraph (a), the person may not be issued a 
  5.15  driver's license until either 12 consecutive months have expired 
  5.16  since the date of the most recent conviction or until the person 
  5.17  reaches the age of 18 years, whichever occurs first.