1998 Minnesota Statutes

     171.30 Limited license. 

    Subdivision 1.    Conditions of issuance.  In any case 
 where a person's license has been suspended under section 171.18 
 or 171.173, or revoked under section 169.121, 169.123, 169.792, 
 169.797, 171.17, or 171.172, the commissioner may issue a 
 limited license to the driver including under the following 
 conditions:  

    (1) if the driver's livelihood or attendance at a chemical 
 dependency treatment or counseling program depends upon the use 
 of the driver's license; 

    (2) if the use of a driver's license by a homemaker is 
 necessary to prevent the substantial disruption of the 
 education, medical, or nutritional needs of the family of the 
 homemaker; or 

    (3) if attendance at a post-secondary institution of 
 education by an enrolled student of that institution depends 
 upon the use of the driver's license.  

    The commissioner in issuing a limited license may impose 
 such conditions and limitations as in the commissioner's 
 judgment are necessary to the interests of the public safety and 
 welfare including reexamination as to the driver's 
 qualifications.  The license may be limited to the operation of 
 particular vehicles, to particular classes and times of 
 operation and to particular conditions of traffic.  The 
 commissioner may require that an applicant for a limited license 
 affirmatively demonstrate that use of public transportation or 
 carpooling as an alternative to a limited license would be a 
 significant hardship.  

    For purposes of this subdivision, "homemaker" refers to the 
 person primarily performing the domestic tasks in a household of 
 residents consisting of at least the person and the person's 
 dependent child or other dependents. 

    The limited license issued by the commissioner shall 
 clearly indicate the limitations imposed and the driver 
 operating under the limited license shall have the license in 
 possession at all times when operating as a driver. 

    In determining whether to issue a limited license, the 
 commissioner shall consider the number and the seriousness of 
 prior convictions and the entire driving record of the driver 
 and shall consider the number of miles driven by the driver 
 annually. 

    If the person's driver's license or permit to drive has 
 been revoked under section 169.792 or 169.797, the commissioner 
 may only issue a limited license to the person after the person 
 has presented an insurance identification card, policy, or 
 written statement indicating that the driver or owner has 
 insurance coverage satisfactory to the commissioner of public 
 safety.  The commissioner of public safety may require the 
 insurance identification card provided to satisfy this 
 subdivision be certified by the insurance company to be 
 noncancelable for a period not to exceed 12 months. 

    Subd. 2.    60-day waiting period.  A limited license 
 shall not be issued for a period of 60 days to an individual 
 whose license or privilege has been revoked or suspended for 
 commission of the following offenses: 

    (1) any felony in the commission of which a motor vehicle 
 was used; or 

    (2) failure to stop and disclose identity as required under 
 section 169.09, in the event of a motor vehicle accident 
 resulting in the death or personal injury of another. 

    Subd. 2a.    Other waiting periods.  Notwithstanding 
 subdivision 2, a limited license shall not be issued for a 
 period of: 

    (1) 15 days, to a person whose license or privilege has 
 been revoked or suspended for a violation of section 169.121, 
 169.123, or a statute or ordinance from another state in 
 conformity with either of those sections; 

    (2) 90 days, to a person who submitted to testing under 
 section 169.123 if the person's license or privilege has been 
 revoked or suspended for a second or subsequent violation of 
 section 169.121, 169.123, or a statute or ordinance from another 
 state in conformity with either of those sections; 

    (3) 180 days, to a person who refused testing under section 
 169.123 if the person's license or privilege has been revoked or 
 suspended for a second or subsequent violation of section 
 169.121, 169.123, or a statute or ordinance from another state 
 in conformity with either of those sections; or 

    (4) one year, to a person whose license or privilege has 
 been revoked or suspended for committing manslaughter resulting 
 from the operation of a motor vehicle, committing criminal 
 vehicular homicide or injury under section 609.21, or violating 
 a statute or ordinance from another state in conformity with 
 either of those offenses. 

    Subd. 2b.    Waiting period for youth under 18.  If a 
 person whose driver's license was suspended or revoked for a 
 violation listed under subdivision 2 or 2a is under the age of 
 18 years at the time of that violation, the commissioner shall 
 not issue a limited license to the person for a period of time 
 that is the longest of:  (1) 90 days; or (2) twice the length of 
 the period specified for that violation in subdivision 2 or 2a. 

    Subd. 2c.    Extended waiting period.  If a person's 
 license or privilege has been revoked or suspended for a 
 violation of section 169.121 or 169.123, or a statute or 
 ordinance from another state in conformity with either of those 
 sections, and the person's alcohol concentration was 0.20 or 
 greater at the time of the violation, a limited license may not 
 be issued for a period of time equal to twice the time period 
 specified in subdivision 2a or 2b. 

    Subd. 3.    Conditions on issuance.  The commissioner 
 shall issue a limited license restricted to the vehicles whose 
 operation is permitted only under a class A, class B, or class C 
 license whenever a class A, class B, or class C license has been 
 suspended under section 171.18, or revoked under section 171.17, 
 for violation of the Highway Traffic Regulation Act committed in 
 a private passenger motor vehicle.  This subdivision shall not 
 apply to any persons described in section 171.04, subdivision 1, 
 clauses (5), (6), (7), (9), (10), and (13), or any person whose 
 license or privilege has been suspended or revoked for a 
 violation of section 169.121 or 169.123, or a statute or 
 ordinance from another state in conformity with either of those 
 sections. 

    Subd. 4.    Penalty.  A person who violates a condition 
 or limitation of a limited license issued under subdivision 1 or 
 fails to have the license in immediate possession at all times 
 when operating a motor vehicle is guilty of a misdemeanor.  In 
 addition, a person who violates a condition or limitation of a 
 limited license may not operate a motor vehicle for the 
 remainder of the period of suspension or revocation, or 30 days, 
 whichever is longer. 

    HIST: 1959 c 632 s 1; 1971 c 217 s 1; 1971 c 644 s 15; 1978 c 
 727 s 10; 1982 c 423 s 12; 1984 c 622 s 19; 1984 c 655 art 2 s 
 24; 1986 c 444; 1987 c 136 s 2; 1987 c 171 s 1; 1989 c 307 s 34; 
 1989 c 321 s 16; 1991 c 270 s 3-5; 1991 c 333 s 31; 1992 c 570 
 art 1 s 23; 1992 c 571 art 14 s 12,13; 1993 c 347 s 17,18; 1994 
 c 501 s 10; 1995 c 230 s 10; 1996 c 275 s 11; 1996 c 442 s 22; 
 1997 c 12 art 3 s 9; 1Sp1997 c 2 s 56; 1998 c 388 s 30