Minnesota Administrative Rules

7409.0100 DEFINITIONS.

Subpart 1.

Scope.

For this chapter, the terms defined in this part have the meanings given them.

Subp. 1a.

Cancellation.

"Cancellation" means the commissioner's rescission of a person's driver's license for which the person must meet the requirements of part 7409.4300 for reinstatement of the person's driver's license.

Subp. 1b.

Certificate of insurance.

"Certificate of insurance" means a policy of vehicle liability insurance as required by Minnesota Statutes, section 65B.48, or a completed insurance certificate form from the authorized representative of the insurance carrier authorized to do business in the state stating that the vehicle will be covered by a plan of reparation security as required by Minnesota Statutes, section 65B.48, for one calendar year or that the operator will be covered by a plan of reparation security for a period of one year.

Subp. 2.

Commercial motor vehicle.

"Commercial motor vehicle" has the meaning given it in Minnesota Statutes, section 171.01, subdivision 22.

A commercial motor vehicle does not include:

A.

a farm truck as defined in Minnesota Statutes, section 171.01, subdivision 33;

B.

a fire truck or other emergency fire equipment; or

C.

recreational equipment operated by a person within the scope of Minnesota Statutes, section 171.02, subdivision 2, paragraph (a).

Subp. 3.

Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Public Safety, acting directly or through authorized officers and agents.

Subp. 4.

Conviction; convicted.

"Conviction" or "convicted" has the meaning given it in Minnesota Statutes, section 171.01, subdivision 29.

Subp. 5.

Department.

"Department" means the Minnesota Department of Public Safety.

Subp. 6.

Disqualification; disqualify.

"Disqualification" or "disqualify" means the commissioner's removal of the privilege to drive commercial motor vehicles for a specific period under Minnesota Statutes, section 171.165.

Subp. 6a.

Driver improvement clinic.

"Driver improvement clinic" has the meaning given in Minnesota Statutes, section 171.20, subdivision 3.

Subp. 7.

License.

"License" means a driver's license or other license or permit to operate a motor vehicle issued or issuable by the commissioner including:

A.

a temporary license, instruction permit, or provisional license;

B.

the privilege of a person to drive a motor vehicle, whether or not that person holds a valid license; and

C.

a nonresident's driving privilege.

Subp. 7a.

Owner.

"Owner" has the meaning given in Minnesota Statutes, section 65B.43, subdivision 4.

Subp. 7b.

Personal injury.

"Personal injury" means a class A, incapacitating injury, other than a fatal injury, that prevents the injured person from walking, driving, or normally continuing the activities the person was capable of performing before the injury occurred, such as a severe laceration; broken or distorted limb; skull, chest, or abdominal injury; an injury resulting in unconsciousness at or when taken from the accident scene, due to the injury, by medical personnel or law enforcement; or an injury resulting in the person being unable to leave the accident scene without assistance.

Subp. 7c.

Plan of reparation security.

"Plan of reparation security" has the meaning given in Minnesota Statutes, section 65B.43, subdivision 15.

Subp. 7d.

Proof of insurance.

"Proof of insurance" has the meaning given in Minnesota Statutes, section 169.791, subdivision 1.

Subp. 8.

Revocation.

"Revocation" means the commissioner's rescission of a person's driver's license for a specific minimum period of time under Minnesota Statutes, section 169.792, 169.797, 171.165, or 171.17, for which the person must meet the requirements of part 7409.0600, 7409.3800, 7409.4000, or 7409.4100 for reinstatement of the person's driver's license.

Subp. 8a.

Sufficient cause to believe.

"Sufficient cause to believe" means grounds put forth in good faith, which are not arbitrary, irrational, unreasonable, or irrelevant, and that make the proposition asserted more likely than not, provided the grounds are based on at least one of the following sources:

A.

written information from an identified person;

B.

facts or statements by the applicant or driver;

C.

driver's license and accident records;

D.

court documents and police records; or

E.

facts of which the commissioner or a department employee has personal knowledge.

Subp. 9.

Suspension.

"Suspension" means the commissioner's temporary removal of a person's driver's license under Minnesota Statutes, section 169.797, subdivision 4a, 171.09, or 171.18 for which the person must meet the requirements of part 7409.3900 or 7409.4200 for reinstatement of the person's driver's license.

Subp. 10.

Withdrawal or withdrawn.

"Withdrawal" or "withdrawn" means the suspension, revocation, or cancellation of a person's driver's license.

Subp. 11.

Withdrawal period.

"Withdrawal period" means the time after a license withdrawal during which the person's driving privilege has been withdrawn and has not been reinstated.

Statutory Authority:

MS s 14.06; 169.792; 169.795; 169.798; 171.165; 299A.01

History:

15 SR 2406; 16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466

Published Electronically:

January 3, 2003