Bill Text: MN SF2867 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Graduated driver licensing requirements modifications
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-05-07 - HF substituted on General Orders HF2684 [SF2867 Detail]
Download: Minnesota-2013-SF2867-Engrossed.html
1.2relating to transportation; amending requirements governing graduated driver
1.3licensing;amending Minnesota Statutes 2012, sections 171.01, by adding a
1.4subdivision; 171.05, by adding a subdivision; 171.055, subdivision 1; 171.0701,
1.5by adding a subdivision; Minnesota Statutes 2013 Supplement, section 171.05,
1.6subdivision 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 171.01, is amended by adding a
1.9subdivision to read:
1.10 Subd. 45a. Primary driving supervisor. "Primary driving supervisor" means a
1.11person who: (1) supervises, for a majority of the supervised driving time, motor vehicle
1.12operation by an instruction permit holder who is under age 18; and (2) meets the applicable
1.13supervision requirements under this chapter.
1.14 Sec. 2. Minnesota Statutes 2013 Supplement, section 171.05, subdivision 2, is
1.15amended to read:
1.16 Subd. 2. Person less than 18 years of age. (a)Notwithstanding any provision
1.17in subdivision 1 to the contrary, The department may issue an instruction permit to an
1.18applicant who is 15, 16, or 17 years of age and who:
1.19(1) has completed a course of driver education in another state, has a previously
1.20issued valid license from another state, or is enrolled in either:
1.21(i) a public, private, or commercial driver education program that is approved by
1.22the commissioner of public safety and that includes classroom and behind-the-wheel
1.23training; or
2.1(ii) an approved behind-the-wheel driver education program when the student is
2.2receiving full-time instruction in a home school within the meaning of sections120A.22
2.3and
120A.24 , the student is working toward a homeschool diploma, the student is taking
2.4home-classroom driver training with classroom materials approved by the commissioner
2.5of public safety, and the student's parent has certified the student's homeschool and
2.6home-classroom driver training status on the form approved by the commissioner;
2.7(2) has completed the classroom phase of instruction in the driver education program
2.8or has completed 15 hours of classroom instruction in a program that presents classroom
2.9and behind-the-wheel instruction concurrently;
2.10(3) has passed a test of the applicant's eyesight;
2.11(4) has passed a department-administered test of the applicant's knowledge of traffic
2.12laws;
2.13(5) has completed the required application, which must be approved by (i) either
2.14parent when both reside in the same household as the minor applicant or, if otherwise,
2.15then (ii) the parent or spouse of the parent having custody or, in the event there is no
2.16court order for custody, then (iii) the parent or spouse of the parent with whom the minor
2.17is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the
2.18minor, (v) the foster parent or the director of the transitional living program in which the
2.19child resides or, in the event a person under the age of 18 has no living father, mother,
2.20or guardian, or is married or otherwise legally emancipated, then (vi) the applicant's
2.21adult spouse, adult close family member, or adult employer; provided, that the approval
2.22required by this clause contains a verification of the age of the applicant and the identity of
2.23the parent, guardian, adult spouse, adult close family member, or adult employer; and
2.24(6) has paid all fees required in section171.06, subdivision 2 .
2.25(b) In addition, the applicant may submit a certification stating that a primary driving
2.26supervisor has completed the supplemental parental curriculum under section 171.0701,
2.27subdivision 1a, for the purposes of provisional license requirements under section 171.055,
2.28subdivision 1, paragraph (a), clause (6). The certification must be completed by a driver
2.29education instructor, as defined under section 171.0701, subdivision 1a.
2.30(c) For the purposes of determining compliance with the certification of paragraph
2.31(a), clause (1), item (ii), the commissioner may request verification of a student's
2.32homeschool status from the superintendent of the school district in which the student
2.33resides and the superintendent shall provide that verification.
2.34(c) (d) The instruction permit is valid for two years from the date of application and
2.35may be renewed upon payment of a fee equal to the fee for issuance of an instruction
2.36permit under section171.06, subdivision 2 .
3.1(d) The commissioner of public safety shall adopt rules to carry out the provisions
3.2of this section. The rules adopted under this section are exempt from the rulemaking
3.3provisions of chapter 14. The rules are subject to section
14.386, except that section
3.414.386, paragraph (b), does not apply.
3.5EFFECTIVE DATE.This section is effective January 1, 2015.
3.6 Sec. 3. Minnesota Statutes 2012, section 171.05, is amended by adding a subdivision
3.7to read:
3.8 Subd. 4. Rulemaking. The commissioner of public safety shall adopt rules to carry
3.9out the provisions of this section. The rules adopted under this section are exempt from
3.10the rulemaking provisions of chapter 14. The rules are subject to section14.386 , except
3.11that section14.386 , paragraph (b), does not apply.
3.12EFFECTIVE DATE.This section is effective January 1, 2015.
3.13 Sec. 4. Minnesota Statutes 2012, section 171.055, subdivision 1, is amended to read:
3.14 Subdivision 1. Requirements for provisional license. (a) The department may
3.15issue a provisional license, which must be distinctive in appearance from a driver's
3.16license, to an applicant who:
3.17(1) has reached the age of 16 years;
3.18(2) during the six months immediately preceding the application for the provisional
3.19license has possessed an instruction permit and has incurred (i) no convictions for a
3.20violation of section169A.20 ,
169A.33 ,
169A.35 , or sections
169A.50 to
169A.53 , (ii) no
3.21convictions for a crash-related moving violation, and (iii) no convictions for a moving
3.22violation that is not crash related;
3.23(3) has successfully completed a course of driver education in accordance with
3.24department rules;
3.25(4) completes the required application, which must be approved by (i) either parent
3.26when both reside in the same household as the minor applicant or, if otherwise, then (ii)
3.27the parent or spouse of the parent having custody or, in the event there is no court order for
3.28custody, then (iii) the parent or spouse of the parent with whom the minor is living or, if
3.29items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor, (v) the
3.30foster parent or the director of the transitional living program in which the child resides
3.31or, in the event a person under the age of 18 has no living father, mother, or guardian, or
3.32is married or otherwise legally emancipated, then (vi) the applicant's adult spouse, adult
3.33close family member, or adult employer; provided, that the approval required by this
4.1clause contains a verification of the age of the applicant and the identity of the parent,
4.2guardian, adult spouse, adult close family member, or adult employer;
4.3(5)presents certification by the person who approves the application under clause (4)
4.4stating submits a supervised driving log, in a format approved by the commissioner, that:
4.5(i) states that the applicant has driven a motor vehicle accompanied by and under the
4.6supervision of a licensed driver at least 21 years of age, for no less than30 40 total hours
4.7 or as provided in clause (6), item (i), at leastten 15 of which were nighttime hours; and
4.8(ii) identifies dates and lengths of driving time for each supervised driving trip; and
4.9(iii) is signed by the primary driving supervisor, attesting that the applicant has met
4.10the requirements under item (i);
4.11(6) has:
4.12(i) driven a motor vehicle in the manner required under clause (5) for no less than
4.13ten hours in addition to the total hours specified in clause (5), item (i); or
4.14(ii) submitted a certification of supplemental parental curriculum under section
4.15171.05, subdivision 2, paragraph (b), for the primary driving supervisor under clause (5),
4.16as part of application for an instruction permit; and
4.17(7) pays the fee required in section171.06, subdivision 2 .
4.18(b) For purposes of this section, "moving violation" has the meaning given it in
4.19section171.04, subdivision 1 .
4.20(c) Notwithstanding paragraph (a), clause (2), the commissioner shall not issue a
4.21provisional license to a person who has ever incurred a conviction for violation of section
4.22169A.20
,
169A.33 , or
169A.35 ; a violation of a provision of sections
169A.50 to
169A.53 ;
4.23or a crash-related moving violation, and at the time of the conviction the person did not
4.24possess an instruction permit.
4.25EFFECTIVE DATE.This section is effective January 1, 2015.
4.26 Sec. 5. Minnesota Statutes 2012, section 171.0701, is amended by adding a subdivision
4.27to read:
4.28 Subd. 1a. Supplemental parental curriculum. (a) For purposes of this subdivision,
4.29"driver education instructor" means an instructor as defined under section 171.33,
4.30subdivision 2, or a person licensed by the Board of Teaching for driver training as required
4.31under section 122A.26, subdivision 2.
4.32(b) By July 1, 2014, the commissioner shall establish optional supplemental parental
4.33curriculum to provide instruction and information to primary driving supervisors in
4.34conjunction with persons enrolled in driver education programs at public schools, private
4.35schools, and commercial driver training schools. Each school must establish a schedule
5.1or procedure for providing the supplemental parental curriculum to any primary driving
5.2supervisor who chooses to receive it.
5.3(c) At a minimum, the supplemental parental curriculum must:
5.4(1) be at least 90 minutes in length;
5.5(2) be provided by or in the presence of a driver education instructor; and
5.6(3) provide information concerning graduated driver licensing, safety risks
5.7associated with novice drivers, potential influence of adults on driving behavior of novice
5.8drivers, and additional resources.
5.9EFFECTIVE DATE.This section is effective the day following final enactment.
1.3licensing;amending Minnesota Statutes 2012, sections 171.01, by adding a
1.4subdivision; 171.05, by adding a subdivision; 171.055, subdivision 1; 171.0701,
1.5by adding a subdivision; Minnesota Statutes 2013 Supplement, section 171.05,
1.6subdivision 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 171.01, is amended by adding a
1.9subdivision to read:
1.10 Subd. 45a. Primary driving supervisor. "Primary driving supervisor" means a
1.11person who: (1) supervises, for a majority of the supervised driving time, motor vehicle
1.12operation by an instruction permit holder who is under age 18; and (2) meets the applicable
1.13supervision requirements under this chapter.
1.14 Sec. 2. Minnesota Statutes 2013 Supplement, section 171.05, subdivision 2, is
1.15amended to read:
1.16 Subd. 2. Person less than 18 years of age. (a)
1.17
1.18applicant who is 15, 16, or 17 years of age and who:
1.19(1) has completed a course of driver education in another state, has a previously
1.20issued valid license from another state, or is enrolled in either:
1.21(i) a public, private, or commercial driver education program that is approved by
1.22the commissioner of public safety and that includes classroom and behind-the-wheel
1.23training; or
2.1(ii) an approved behind-the-wheel driver education program when the student is
2.2receiving full-time instruction in a home school within the meaning of sections
2.4home-classroom driver training with classroom materials approved by the commissioner
2.5of public safety, and the student's parent has certified the student's homeschool and
2.6home-classroom driver training status on the form approved by the commissioner;
2.7(2) has completed the classroom phase of instruction in the driver education program
2.8or has completed 15 hours of classroom instruction in a program that presents classroom
2.9and behind-the-wheel instruction concurrently;
2.10(3) has passed a test of the applicant's eyesight;
2.11(4) has passed a department-administered test of the applicant's knowledge of traffic
2.12laws;
2.13(5) has completed the required application, which must be approved by (i) either
2.14parent when both reside in the same household as the minor applicant or, if otherwise,
2.15then (ii) the parent or spouse of the parent having custody or, in the event there is no
2.16court order for custody, then (iii) the parent or spouse of the parent with whom the minor
2.17is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the
2.18minor, (v) the foster parent or the director of the transitional living program in which the
2.19child resides or, in the event a person under the age of 18 has no living father, mother,
2.20or guardian, or is married or otherwise legally emancipated, then (vi) the applicant's
2.21adult spouse, adult close family member, or adult employer; provided, that the approval
2.22required by this clause contains a verification of the age of the applicant and the identity of
2.23the parent, guardian, adult spouse, adult close family member, or adult employer; and
2.24(6) has paid all fees required in section
2.25(b) In addition, the applicant may submit a certification stating that a primary driving
2.26supervisor has completed the supplemental parental curriculum under section 171.0701,
2.27subdivision 1a, for the purposes of provisional license requirements under section 171.055,
2.28subdivision 1, paragraph (a), clause (6). The certification must be completed by a driver
2.29education instructor, as defined under section 171.0701, subdivision 1a.
2.30(c) For the purposes of determining compliance with the certification of paragraph
2.31(a), clause (1), item (ii), the commissioner may request verification of a student's
2.32homeschool status from the superintendent of the school district in which the student
2.33resides and the superintendent shall provide that verification.
2.34
2.35may be renewed upon payment of a fee equal to the fee for issuance of an instruction
2.36permit under section
3.1
3.2
3.3
3.4
3.5EFFECTIVE DATE.This section is effective January 1, 2015.
3.6 Sec. 3. Minnesota Statutes 2012, section 171.05, is amended by adding a subdivision
3.7to read:
3.8 Subd. 4. Rulemaking. The commissioner of public safety shall adopt rules to carry
3.9out the provisions of this section. The rules adopted under this section are exempt from
3.10the rulemaking provisions of chapter 14. The rules are subject to section
3.11that section
3.12EFFECTIVE DATE.This section is effective January 1, 2015.
3.13 Sec. 4. Minnesota Statutes 2012, section 171.055, subdivision 1, is amended to read:
3.14 Subdivision 1. Requirements for provisional license. (a) The department may
3.15issue a provisional license, which must be distinctive in appearance from a driver's
3.16license, to an applicant who:
3.17(1) has reached the age of 16 years;
3.18(2) during the six months immediately preceding the application for the provisional
3.19license has possessed an instruction permit and has incurred (i) no convictions for a
3.20violation of section
3.21convictions for a crash-related moving violation, and (iii) no convictions for a moving
3.22violation that is not crash related;
3.23(3) has successfully completed a course of driver education in accordance with
3.24department rules;
3.25(4) completes the required application, which must be approved by (i) either parent
3.26when both reside in the same household as the minor applicant or, if otherwise, then (ii)
3.27the parent or spouse of the parent having custody or, in the event there is no court order for
3.28custody, then (iii) the parent or spouse of the parent with whom the minor is living or, if
3.29items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor, (v) the
3.30foster parent or the director of the transitional living program in which the child resides
3.31or, in the event a person under the age of 18 has no living father, mother, or guardian, or
3.32is married or otherwise legally emancipated, then (vi) the applicant's adult spouse, adult
3.33close family member, or adult employer; provided, that the approval required by this
4.1clause contains a verification of the age of the applicant and the identity of the parent,
4.2guardian, adult spouse, adult close family member, or adult employer;
4.3(5)
4.4
4.5(i) states that the applicant has driven a motor vehicle accompanied by and under the
4.6supervision of a licensed driver at least 21 years of age, for no less than
4.7 or as provided in clause (6), item (i), at least
4.8(ii) identifies dates and lengths of driving time for each supervised driving trip; and
4.9(iii) is signed by the primary driving supervisor, attesting that the applicant has met
4.10the requirements under item (i);
4.11(6) has:
4.12(i) driven a motor vehicle in the manner required under clause (5) for no less than
4.13ten hours in addition to the total hours specified in clause (5), item (i); or
4.14(ii) submitted a certification of supplemental parental curriculum under section
4.15171.05, subdivision 2, paragraph (b), for the primary driving supervisor under clause (5),
4.16as part of application for an instruction permit; and
4.17(7) pays the fee required in section
4.18(b) For purposes of this section, "moving violation" has the meaning given it in
4.19section
4.20(c) Notwithstanding paragraph (a), clause (2), the commissioner shall not issue a
4.21provisional license to a person who has ever incurred a conviction for violation of section
4.23or a crash-related moving violation, and at the time of the conviction the person did not
4.24possess an instruction permit.
4.25EFFECTIVE DATE.This section is effective January 1, 2015.
4.26 Sec. 5. Minnesota Statutes 2012, section 171.0701, is amended by adding a subdivision
4.27to read:
4.28 Subd. 1a. Supplemental parental curriculum. (a) For purposes of this subdivision,
4.29"driver education instructor" means an instructor as defined under section 171.33,
4.30subdivision 2, or a person licensed by the Board of Teaching for driver training as required
4.31under section 122A.26, subdivision 2.
4.32(b) By July 1, 2014, the commissioner shall establish optional supplemental parental
4.33curriculum to provide instruction and information to primary driving supervisors in
4.34conjunction with persons enrolled in driver education programs at public schools, private
4.35schools, and commercial driver training schools. Each school must establish a schedule
5.1or procedure for providing the supplemental parental curriculum to any primary driving
5.2supervisor who chooses to receive it.
5.3(c) At a minimum, the supplemental parental curriculum must:
5.4(1) be at least 90 minutes in length;
5.5(2) be provided by or in the presence of a driver education instructor; and
5.6(3) provide information concerning graduated driver licensing, safety risks
5.7associated with novice drivers, potential influence of adults on driving behavior of novice
5.8drivers, and additional resources.
5.9EFFECTIVE DATE.This section is effective the day following final enactment.
