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Minnesota Legislature

Office of the Revisor of 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.
(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.
    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) A provisional license holder may not operate a vehicle while communicating over, or
otherwise operating, a cellular or wireless telephone, whether handheld or hands free, when the
vehicle is in motion. The provisional license holder may assert as an affirmative defense that the
violation was made for the sole purpose of obtaining emergency assistance to prevent a crime
about to be committed, or in the reasonable belief that a person's life or safety was in danger.
Violation of this paragraph is a petty misdemeanor subject to section 169.89, subdivision 2.
(c) 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.
History: 1998 c 388 s 13; 2000 c 478 art 2 s 7; 2002 c 371 art 1 s 54; 2004 c 177 s 3;
1Sp2005 c 6 art 3 s 65; 2006 c 260 art 2 s 16