2004 Minnesota Statutes

     171.02 Licenses; types, endorsements, restrictions. 

    Subdivision 1.    License required.  Except when 
 expressly exempted, a person shall not drive a motor vehicle 
 upon a street or highway in this state unless the person has a 
 license valid under this chapter for the type or class of 
 vehicle being driven.  The department shall not issue a driver's 
 license to a person unless and until the person's license from 
 any jurisdiction has been invalidated.  The department shall 
 provide to the issuing department of any jurisdiction, 
 information that the licensee is now licensed in Minnesota.  A 
 person is not permitted to have more than one valid driver's 
 license at any time.  The department shall not issue to a person 
 to whom a current Minnesota identification card has been issued 
 a driver's license, other than an instruction permit or a 
 limited license, unless the person's Minnesota identification 
 card has been invalidated. 

    Subd. 2.    Driver's license classifications, 
 endorsements, exemptions.  (a) Drivers' licenses shall be 
 classified according to the types of vehicles which may be 
 driven by the holder of each type or class of license.  The 
 commissioner may, as appropriate, subdivide the classes listed 
 in this subdivision and issue licenses classified accordingly.  
 Except as provided in subdivision 2a, no class of license shall 
 be valid to operate a motorcycle, school bus, tank vehicle, 
 double-trailer or triple-trailer combination, vehicle 
 transporting hazardous materials, or bus, unless so endorsed. 

 There shall be four general classes of licenses as follows: 

    (b) Class D; valid for: 

    (1) operating all farm trucks operated by (i) the owner, 
 (ii) an immediate family member of the owner, (iii) an employee 
 of the owner not primarily employed to operate the farm truck, 
 within 150 miles of the farm, or (iv) an employee of the owner 
 employed during harvest to operate the farm truck for the first, 
 continuous transportation of agricultural products from the 
 production site or on-farm storage site to any other location 
 within 50 miles of that site; 

    (2) operating fire trucks and emergency fire equipment, 
 whether or not in excess of 26,000 pounds gross vehicle weight, 
 operated by a firefighter while on duty, or a tiller operator 
 employed by a fire department who drives the rear portion of a 
 midmount aerial ladder truck; 

    (3) operating recreational equipment as defined in section 
 168.011, subdivision 25, that is operated for personal use; 

    (4) operating all single-unit vehicles except vehicles with 
 a gross vehicle weight of more than 26,000 pounds, vehicles 
 designed to carry more than 15 passengers including the driver, 
 and vehicles that carry hazardous materials; and 

    (5) notwithstanding paragraph (c), operating a type A 
 school bus without a school bus endorsement if: 

    (i) the bus has a gross vehicle weight of 10,000 pounds or 
 less; 

    (ii) the bus is designed to transport 15 or fewer 
 passengers, including the driver; and 

    (iii) the requirements of subdivision 2a, paragraph (b), 
 are satisfied, as determined by the commissioner. 

 The holder of a class D license may also tow vehicles if the 
 combination of vehicles has a gross vehicle weight of 26,000 
 pounds or less. 

    (c) Class C; valid for:  

    (1) operating class D vehicles; 

    (2) with a hazardous materials endorsement, transporting 
 hazardous materials in class D vehicles; and 

    (3) with a school bus endorsement, operating school buses 
 designed to transport 15 or fewer passengers, including the 
 driver. 

    (d) Class B; valid for operating all vehicles in class C, 
 class D, and all other single-unit vehicles including, with a 
 passenger endorsement, buses.  The holder of a class B license 
 may tow only vehicles with a gross vehicle weight of 10,000 
 pounds or less. 

    (e) Class A; valid for operating any vehicle or combination 
 of vehicles. 

    Subd. 2a.    Exceptions.  (a) Notwithstanding 
 subdivision 2, (1) a hazardous materials endorsement is not 
 required to operate a vehicle having a gross vehicle weight of 
 26,000 pounds or less while carrying in bulk tanks a total of 
 not more than 200 gallons of petroleum products and (2) a class 
 C license or hazardous materials endorsement is not required to 
 operate a farm vehicle as defined in Code of Federal 
 Regulations, title 49, section 390.5, having a gross vehicle 
 weight of 26,000 pounds or less while carrying in bulk tanks a 
 total of not more than 1,500 gallons of liquid fertilizer. 

    (b) Notwithstanding subdivision 2, paragraph (c), the 
 holder of a class D driver's license, without a school bus 
 endorsement, may operate a type A school bus described in 
 subdivision 2, paragraph (b), under the following conditions: 

    (1) The operator is an employee of the entity that owns, 
 leases, or contracts for the school bus and is not solely hired 
 to provide transportation services under this paragraph. 

    (2) The operator drives the school bus only from points of 
 origin to points of destination, not including home-to-school 
 trips to pick up or drop off students.  

    (3) The operator is prohibited from using the eight-light 
 system.  Violation of this clause is a misdemeanor. 

    (4) The operator's employer has adopted and implemented a 
 policy that provides for annual training and certification of 
 the operator in: 

    (i) safe operation of the type of school bus the operator 
 will be driving; 

    (ii) understanding student behavior, including issues 
 relating to students with disabilities; 

    (iii) encouraging orderly conduct of students on the bus 
 and handling incidents of misconduct appropriately; 

    (iv) knowing and understanding relevant laws, rules of the 
 road, and local school bus safety policies; 

    (v) handling emergency situations; and 

    (vi) safe loading and unloading of students. 

    (5) A background check or background investigation of the 
 operator has been conducted that meets the requirements under 
 section 122A.18, subdivision 8, or 123B.03 for teachers; section 
 144.057 or chapter 245C for day care employees; or section 
 171.321, subdivision 3, for all other persons operating a type A 
 school bus under this paragraph. 

    (6) Operators shall submit to a physical examination as 
 required by section 171.321, subdivision 2. 

    (7) The operator's driver's license is verified annually by 
 the entity that owns, leases, or contracts for the school bus. 

    (8) A person who sustains a conviction, as defined under 
 section 609.02, of violating section 169A.25, 169A.26, 169A.27, 
 169A.31, 169A.51, or 169A.52, or a similar statute or ordinance 
 of another state is precluded from operating a school bus for 
 five years from the date of conviction. 

    (9) A person who has ever been convicted of a disqualifying 
 offense as defined in section 171.3215, subdivision 1, paragraph 
 (c), may not operate a school bus under this paragraph. 

    (10) A person who sustains a conviction, as defined under 
 section 609.02, of a fourth moving offense in violation of 
 chapter 169 is precluded from operating a school bus for one 
 year from the date of the last conviction. 

    (11) Students riding the school bus must have training 
 required under section 123B.90, subdivision 2. 

    (12) An operator must be trained in the proper use of child 
 safety restraints as set forth in the National Highway Traffic 
 Safety Administration's "Guideline for the Safe Transportation 
 of Pre-school Age Children in School Buses." 

    (13) Annual certification of the requirements listed in 
 this paragraph must be maintained under separate file at the 
 business location for each operator licensed under this 
 paragraph and subdivision 2, paragraph (b), clause (5).  The 
 business manager, school board, governing body of a nonpublic 
 school, or any other entity that owns, leases, or contracts for 
 the school bus operating under this paragraph is responsible for 
 maintaining these files for inspection. 

    (14) The school bus must bear a current certificate of 
 inspection issued under section 169.451. 

    (15) The word "School" on the front and rear of the bus 
 must be covered by a sign that reads "Activities" when the bus 
 is being operated under authority of this paragraph.  

    Subd. 3.    Motorized bicycle.  (a) No motorized bicycle 
 shall be operated on any public roadway by any person who does 
 not possess a valid driver's license, unless the person has 
 obtained a motorized bicycle operator's permit or motorized 
 bicycle instruction permit from the commissioner of public 
 safety.  The operator's permit may be issued to any person who 
 has attained the age of 15 years and who has passed the 
 examination prescribed by the commissioner.  The instruction 
 permit may be issued to any person who has attained the age of 
 15 years and who has successfully completed an approved safety 
 course and passed the written portion of the examination 
 prescribed by the commissioner.  

    (b) This course must consist of, but is not limited to, a 
 basic understanding of: 

    (1) motorized bicycles and their limitations; 

    (2) motorized bicycle laws and rules; 

    (3) safe operating practices and basic operating 
 techniques; 

    (4) helmets and protective clothing; 

    (5) motorized bicycle traffic strategies; and 

    (6) effects of alcohol and drugs on motorized bicycle 
 operators. 

    (c) The commissioner may promulgate rules prescribing the 
 content of the safety course, examination, and the information 
 to be contained on the permits.  A person operating a motorized 
 bicycle under a motorized bicycle permit is subject to the 
 restrictions imposed by section 169.974, subdivision 2, on 
 operation of a motorcycle under a two-wheel instruction permit. 

    (d) The fees for motorized bicycle operator's permits are 
 as follows: 

       (1) Examination and operator's permit,
           valid for one year                     $ 6
       (2) Duplicate                              $ 3
       (3) Renewal permit before age 21
           and valid until age 21                 $ 9
       (4) Renewal permit after age 21
           and valid for four years               $15
       (5) Duplicate of any renewal permit        $ 4.50
       (6) Written examination and
           instruction permit, valid for
           30 days                                $ 6

    Subd. 4.    Restricted commercial driver's license.  (a) 
 The commissioner may issue restricted commercial drivers' 
 licenses and take the following actions to the extent that the 
 actions are authorized by regulation of the United States 
 Department of Transportation entitled "waiver for farm-related 
 service industries" as published in the Federal Register, April 
 17, 1992: 

    (1) prescribe examination requirements and other 
 qualifications for the license; 

    (2) prescribe classes of vehicles that may be operated by 
 holders of the license; 

    (3) specify commercial motor vehicle operation that is 
 authorized by the license, and prohibit other commercial vehicle 
 operation by holders of the license; and 

    (4) prescribe the period of time during which the license 
 is valid. 

    (b) Restricted commercial drivers' licenses are subject to 
 sections 171.165 and 171.166 in the same manner as other 
 commercial drivers' licenses. 

    (c) Actions of the commissioner under this subdivision are 
 not subject to sections 14.05 to 14.47 of the Administrative 
 Procedure Act. 

    Subd. 5.    Exemption for certain backup snowplow drivers. 
  Pursuant to the waiver authorization set forth in Public Law 
 104-59, section 345, subsection (a), paragraph (5), a person who 
 operates a commercial motor vehicle for the purpose of removing 
 snow or ice from a roadway by plowing, salting, or sanding is 
 not required to hold a commercial driver's license if the person:

    (1) is an employee of a local unit of government with a 
 population of 3,000 or less; 

    (2) is operating within the boundaries of the local unit of 
 government; 

    (3) holds a valid class D driver's license; and 

    (4) except in the event of a lawful strike, is temporarily 
 replacing the employee who normally operates the vehicle but 
 either is unable to operate the vehicle or is in need of 
 additional assistance due to a snow emergency as determined by 
 the local unit of government. 

    HIST: (2720-143) 1939 c 401 s 2; 1963 c 393 s 1; 1971 c 644 s 
 4; 1973 c 16 s 1; 1977 c 214 s 12; 1977 c 429 s 63; 1978 c 479 s 
 1; 1979 c 227 s 3; 1981 c 363 s 29; 1984 c 546 s 1; 1985 c 248 s 
 70; 1985 c 291 s 19; 1986 c 444; 1986 c 454 s 21; 1987 c 269 s 
 7; 1987 c 358 s 110; 1989 c 301 s 4,5; 1989 c 307 s 17; 1989 c 
 342 s 21; 1990 c 529 s 5; 1991 c 174 s 8; 1991 c 298 art 7 s 2; 
 1991 c 333 s 24-26; 1992 c 581 s 14; 1993 c 78 s 4; 1993 c 142 s 
 1; 1993 c 266 s 20; 1994 c 465 art 3 s 48; 1995 c 95 s 7; 1995 c 
 174 s 3; 1996 c 275 s 1,2; 1997 c 35 s 1; 2001 c 97 s 3-5; 
 1Sp2001 c 6 art 2 s 60; 2002 c 371 art 1 s 50,51; 2003 c 15 art 
 1 s 33; 1Sp2003 c 19 art 2 s 38,64