2005 Minnesota Statutes

     171.09 Driving restrictions; authority, violations. 

    Subdivision 1.    Authority; violations.  (a) The 
 commissioner, when good cause appears, may impose restrictions 
 suitable to the licensee's driving ability or other restrictions 
 applicable to the licensee as the commissioner may determine to 
 be appropriate to assure the safe operation of a motor vehicle 
 by the licensee.  

    (b) Pursuant to Code of Federal Regulations, title 49, 
 section 383.95, if an applicant for a commercial driver's 
 license either does not successfully complete the air brake 
 component of the knowledge test, or does not successfully 
 complete the skills test in a vehicle equipped with air brakes 
 as such tests are prescribed in Code of Federal Regulations, 
 title 49, part 384, the department shall indicate on the class 
 C, class B, or class A commercial driver's license, if issued, 
 that the individual is restricted from operating a commercial 
 motor vehicle equipped with air brakes. 

    (c) Upon receiving satisfactory evidence of any violation 
 of the restrictions on the license, the commissioner may suspend 
 or revoke the license.  A license suspension under this section 
 is subject to section 171.18, subdivisions 2 and 3. 

    (d) A person who drives, operates, or is in physical 
 control of a motor vehicle while in violation of the 
 restrictions imposed in a restricted driver's license issued to 
 that person under this section is guilty of a crime as follows: 

    (1) if the restriction relates to the possession or 
 consumption of alcohol or controlled substances, the person is 
 guilty of a gross misdemeanor; or 

    (2) if the restriction relates to another matter, the 
 person is guilty of a misdemeanor.  

    Subd. 2.    No-alcohol restriction.  (a) Upon proper 
 application by a person having a valid driver's license 
 containing the restriction that the person must consume no 
 alcohol and whose driving record contains no impaired driving 
 incident within the past ten years, the commissioner must issue 
 to the person a duplicate driver's license that does not show 
 that restriction.  Such issuance of a duplicate license does not 
 rescind the no-alcohol restriction on the recipient's driving 
 record.  "Impaired driving incident" has the meaning given in 
 section 169A.03, subdivision 22. 

    (b) Upon the issuance of a duplicate license to a person 
 under paragraph (a), the no-alcohol restriction on the person's 
 driving record is classified as private data on individuals, as 
 defined in section 13.02, subdivision 12, but may be provided to 
 requesting law enforcement agencies, probation and parole 
 agencies, and courts. 

    HIST: (2720-144f) 1939 c 401 s 9; 1986 c 444; 1996 c 346 s 4; 
 1Sp2001 c 8 art 12 s 14; 2005 c 136 art 18 s 11; 1Sp2005 c 6 art 
 3 s 67 

*   NOTE:  Subdivision 2, as added by Laws 2005, chapter 136, 
*article 18, section 11, expires July 1, 2006.  Laws 2005, 
*chapter 136, article 18, section 11, the effective date.