1.1                          A bill for an act 
  1.2             relating to traffic regulations; making seat belt 
  1.3             violation a primary offense; requiring all passengers 
  1.4             to wear a seat belt; imposing petty misdemeanor 
  1.5             penalty; amending Minnesota Statutes 2002, sections 
  1.6             169.686, subdivision 1; 171.055, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 169.686, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) A properly 
  1.11  adjusted and fastened seat belt, including both the shoulder and 
  1.12  lap belt when the vehicle is so equipped, shall be worn by~~:~~ 
  1.13     ~~(1)~~ the driver and passengers of a passenger vehicle or 
  1.14  commercial motor vehicle~~;~~ 
  1.15     ~~(2) a passenger riding in the front seat of a passenger~~ 
  1.16  ~~vehicle or commercial motor vehicle; and~~ 
  1.17     ~~(3) a passenger riding in any seat of a passenger vehicle~~ 
  1.18  ~~who is older than three but younger than 11 years of age~~. 
  1.19     (b) A person who is 15 years of age or older and who 
  1.20  violates paragraph (a)~~, clause (1) or (2),~~ is ~~subject to a fine~~ 
  1.21  ~~of $25~~ guilty of a petty misdemeanor.  The driver of 
  1.22  the ~~passenger vehicle or commercial motor~~ vehicle in which the 
  1.23  violation occurred is ~~subject to a $25 fine~~ guilty of a petty 
  1.24  misdemeanor for a violation of paragraph (a)~~, clause (2) or (3),~~ 
  1.25  by a ~~child of the driver~~ passenger under the age of 15 ~~or any~~ 
  1.26  ~~child under the age of 11.  A peace officer may not issue a~~ 
  2.1   ~~citation for a violation of this section unless the officer~~ 
  2.2   ~~lawfully stopped or detained the driver of the motor vehicle for~~ 
  2.3   ~~a moving violation other than a violation involving motor~~ 
  2.4   ~~vehicle equipment~~.  The department of public safety shall not 
  2.5   record a violation of this subdivision on a person's driving 
  2.6   record. 
  2.7      Sec. 2.  Minnesota Statutes 2002, section 171.055, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) A provisional 
  2.10  license holder may operate a motor vehicle only when every 
  2.11  occupant ~~under the age of 18~~ has a seat belt or child passenger 
  2.12  restraint system properly fastened according to sections 169.685 
  2.13  and 169.686.  A person who violates this paragraph is ~~subject to~~ 
  2.14  ~~a fine of $25~~ guilty of a petty misdemeanor.  ~~A peace officer~~ 
  2.15  ~~may not issue a citation for a violation of this paragraph~~ 
  2.16  ~~unless the officer lawfully stopped or detained the driver of~~ 
  2.17  ~~the motor vehicle for a moving violation as defined in section~~ 
  2.18  ~~171.04.~~  The commissioner shall not record a violation of this 
  2.19  paragraph on a person's driving record. 
  2.20     (b) If the holder of a provisional license during the 
  2.21  period of provisional licensing incurs (1) a conviction for a 
  2.22  violation of section 169A.20, 169A.33, 169A.35, or sections 
  2.23  169A.50 to 169A.53, (2) a conviction for a crash-related moving 
  2.24  violation as defined in section 171.04, or (3) more than one 
  2.25  conviction for a moving violation that is not crash related, the 
  2.26  person may not be issued a driver's license until 12 consecutive 
  2.27  months have expired since the date of the conviction or until 
  2.28  the person reaches the age of 18 years, whichever occurs first.