SF 1209

as introduced - 89th Legislature (2015 - 2016) Posted on 02/27/2015 09:43am

A bill for an act
relating to transportation; requiring an applicant for provisional license to possess
an instruction permit for 12 months; increasing number of required driving hours
to qualify for provisional license; amending Minnesota Statutes 2014, sections
171.04, subdivision 1; 171.041; 171.05, subdivision 2a; 171.055, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 171.04, subdivision 1, is amended to read:

Subdivision 1.

Persons not eligible.

The department shall not issue a driver's license:

(1) to any person under 18 years unless:

(i) the applicant is 16 or 17 years of age and has a previously issued valid license
from another state or country or the applicant has, for the 12 consecutive months
preceding application, held a provisional license and during that time has incurred (A) no
conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50
to 169A.53, (B) no conviction for a crash-related moving violation, and (C) not more
than one conviction for a moving violation that is not crash related. "Moving violation"
means a violation of a traffic regulation but does not include a parking violation, vehicle
equipment violation, or warning citation;

(ii) the application for a license is approved by (A) either parent when both reside
in the same household as the minor applicant or, if otherwise, then (B) the parent or
spouse of the parent having custody or, in the event there is no court order for custody,
then (C) the parent or spouse of the parent with whom the minor is living or, if subitems
(A) to (C) do not apply, then (D) the guardian having custody of the minor, (E) the foster
parent or director of the transitional living program in which the child resides 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 (F) the minor's adult spouse, adult close family
member, or adult employer; provided, that the approval required by this item 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; and

(iii) the applicant presents a certification by the person who approves the application
under item (ii), stating that the applicant has driven a motor vehicle accompanied by
and under supervision of a licensed driver at least 21 years of age for at least ten hours
during the period of provisional licensure;

(2) to any person who is 18 years of age or younger, unless the person has applied
for, been issued, and possessed the appropriate instruction permit for a minimum of deleted text begin six deleted text end new text begin 12
new text end months, and, with respect to a person under 18 years of age, a provisional license for a
minimum of 12 months;

(3) to any person who is 19 years of age or older, unless that person has applied
for, been issued, and possessed the appropriate instruction permit for a minimum of
three months;

(4) to any person whose license has been suspended during the period of suspension
except that a suspended license may be reinstated during the period of suspension upon
the licensee furnishing proof of financial responsibility in the same manner as provided in
the Minnesota No-Fault Automobile Insurance Act;

(5) to any person whose license has been revoked except upon furnishing proof
of financial responsibility in the same manner as provided in the Minnesota No-Fault
Automobile Insurance Act and if otherwise qualified;

(6) to any drug-dependent person, as defined in section 254A.02, subdivision 5;

(7) to any person who has been adjudged legally incompetent by reason of mental
illness, mental deficiency, or inebriation, and has not been restored to capacity, unless
the department is satisfied that the person is competent to operate a motor vehicle with
safety to persons or property;

(8) to any person who is required by this chapter to take a vision, knowledge, or road
examination, unless the person has successfully passed the examination. An applicant
who fails four road tests must complete a minimum of six hours of behind-the-wheel
instruction with an approved instructor before taking the road test again;

(9) to any person who is required under the Minnesota No-Fault Automobile
Insurance Act to deposit proof of financial responsibility and who has not deposited the
proof;

(10) to any person when the commissioner has good cause to believe that the
operation of a motor vehicle on the highways by the person would be inimical to public
safety or welfare;

(11) to any person when, in the opinion of the commissioner, the person is afflicted
with or suffering from a physical or mental disability or disease that will affect the person
in a manner as to prevent the person from exercising reasonable and ordinary control over
a motor vehicle while operating it upon the highways;

(12) to a person who is unable to read and understand official signs regulating,
warning, and directing traffic;

(13) to a child for whom a court has ordered denial of driving privileges under
section 260C.201, subdivision 1, or 260B.235, subdivision 5, until the period of denial is
completed; or

(14) to any person whose license has been canceled, during the period of cancellation.

Sec. 2.

Minnesota Statutes 2014, section 171.041, is amended to read:

171.041 RESTRICTED LICENSE FOR FARM WORK.

Notwithstanding any provisions of section 171.04 relating to the age of an applicant
to the contrary, the commissioner may issue a restricted farm work license to operate
a motor vehicle to a person who has attained the age of 15 years and who, except for
age, is qualified to hold a driver's license. The applicant is not required to comply with
the deleted text begin six-month deleted text end new text begin 12-month new text end instruction permit possession provisions of sections 171.04,
subdivision 1, clause (2), and 171.05, subdivision 2a, or with the 12-month provisional
license possession provision of section 171.04, subdivision 1, clause (1), item (i). The
restricted license shall be issued solely for the purpose of authorizing the person to whom
the restricted license is issued to assist the person's parents or guardians with farm work.
A person holding this restricted license may operate a motor vehicle only during daylight
hours and only within a radius of 20 miles of the parent's or guardian's farmhouse; however,
in no case may a person holding the restricted license operate a motor vehicle in a city of
the first class. An applicant for a restricted license shall apply to the commissioner for the
license on forms prescribed by the commissioner. The application shall be accompanied by:

(1) a copy of a property tax statement showing that the applicant's parent or guardian
owns land that is classified as agricultural land or a copy of a rental statement or agreement
showing that the applicant's parent or guardian rents land classified as agricultural land; and

(2) a written verified statement by the applicant's parent or guardian setting forth the
necessity for the license.

Sec. 3.

Minnesota Statutes 2014, section 171.05, subdivision 2a, is amended to read:

Subd. 2a.

Permit for deleted text begin six deleted text end new text begin 12 new text end months.

(a) An applicant who has applied for and
received an instruction permit pursuant to subdivision 2 must possess the instruction
permit for not less than deleted text begin six deleted text end new text begin 12 new text end months before qualifying for a driver's license.

(b) [Expired]

Sec. 4.

Minnesota Statutes 2014, 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 deleted text begin six deleted text end new text begin 12 new text end 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, (v) the
foster parent or the director of the transitional living program in which the child resides
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 (vi) 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) submits a supervised driving log, in a format approved by the commissioner, that:

(i) states 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 deleted text begin 40 deleted text end new text begin 90 new text end total hours
or as provided in clause (6), item (i), at least deleted text begin 15 deleted text end new text begin 30 new text end of which were nighttime hours;

(ii) new text begin shows that, of the required driving hours a minimum of 25 hours, at least eight
of which were nighttime hours, must have taken place within three months immediately
prior to the application date;
new text end

new text begin (iii) new text end identifies dates and lengths of driving time for each supervised driving trip; and

deleted text begin (iii) deleted text end new text begin (iv) new text end is signed by the primary driving supervisor, attesting that the applicant has
met the requirements under deleted text begin item (i) deleted text end new text begin items (i) and (ii) new text end ;

(6) has:

(i) driven a motor vehicle in the manner required under clause (5) for no less than
ten hours in addition to the total hours specified in clause (5), item (i); or

(ii) submitted a certification of supplemental parental curriculum under section
171.05, subdivision 2, paragraph (b), for the primary driving supervisor under clause (5),
as part of an application for an instruction permit; and

(7) 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. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective July 1, 2015, and apply to applications for instruction
permits, restricted licenses, and provisional licenses on and after that date.
new text end