2002 Minnesota Statutes

     171.055 Provisional license. 

    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 six 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 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 (v) 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) presents certification by the person who approves the 
 application under clause (4) stating 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 
 30 hours, at least ten of which were nighttime hours; and 

    (6) 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. 

    Subd. 2.    Use of provisional license.  (a) A 
 provisional license holder may operate a motor vehicle only when 
 every occupant under the age of 18 has a seat belt or child 
 passenger restraint system properly fastened.  A person who 
 violates this paragraph is subject to a fine of $25.  A peace 
 officer may not issue a citation for a violation of this 
 paragraph unless the officer lawfully stopped or detained the 
 driver of the motor vehicle for a moving violation as defined in 
 section 171.04.  The commissioner shall not record a violation 
 of this paragraph on a person's driving record. 

    (b) If the holder of a provisional license during the 
 period of provisional licensing incurs (1) a conviction for a 
 violation of section 169A.20, 169A.33, 169A.35, or sections 
 169A.50 to 169A.53, (2) a conviction for a crash-related moving 
 violation, or (3) more than one conviction for a moving 
 violation that is not crash related, the person may not be 
 issued a driver's license until 12 consecutive months have 
 expired since the date of the conviction or until the person 
 reaches the age of 18 years, whichever occurs first.  

    HIST: 1998 c 388 s 13; 2000 c 478 art 2 s 7; 2002 c 371 art 1 
 s 54