1.1                          A bill for an act 
  1.2             relating to traffic regulations; making seat belt 
  1.3             violation a primary offense in all seating positions 
  1.4             regardless of age; making technical changes; amending 
  1.5             Minnesota Statutes 2002, sections 169.686, subdivision 
  1.6             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.  The driver of the passenger vehicle or commercial motor 
  1.22  vehicle in which the violation occurred is subject to a $25 fine 
  1.23  for a violation of paragraph (a), clause (2) or (3), by a child 
  1.24  of the driver passenger under the age of 15 or any child under 
  1.25  the age of 11.  A peace officer may not issue a citation for a 
  1.26  violation of this section unless the officer lawfully stopped or 
  2.1   detained the driver of the motor vehicle for a moving violation 
  2.2   other than a violation involving motor vehicle equipment.  The 
  2.3   department of public safety shall not record a violation of this 
  2.4   subdivision on a person's driving record. 
  2.5      Sec. 2.  Minnesota Statutes 2002, section 171.055, 
  2.6   subdivision 2, is amended to read: 
  2.7      Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) A provisional 
  2.8   license holder may operate a motor vehicle only when every 
  2.9   occupant under the age of 18 15 has a seat belt or child 
  2.10  passenger restraint system properly fastened according to 
  2.11  sections 169.685 and 169.686.  A person who violates this 
  2.12  paragraph is subject to a fine of $25.  A peace officer may not 
  2.13  issue a citation for a violation of this paragraph unless the 
  2.14  officer lawfully stopped or detained the driver of the motor 
  2.15  vehicle for a moving violation as defined in section 171.04.  A 
  2.16  passenger who is at least 15 years of age is subject to the 
  2.17  requirements and penalty of section 169.686.  The commissioner 
  2.18  shall not record a violation of this paragraph on a person's 
  2.19  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.