MN Highway Safety Center
Graduated Driver's License

  • Now the word "license" in statutes refers to all forms from a permit to full license. [EFFECTIVE DATE.] January 1, 1999. and apply to licenses issued on and after that date. The appropriation is effective July 1, 1998.

  • Minnesota Statutes 171.04 subdivision 1. [PERSONS NOT ELIGIBLE.] The department shall not issue a driver's license hereunder: to any person under 18 years unless:
    • (1)
      • (i) the applicant is 16 or 17 years of age and has a previously issued valid license from another state or country or the applicant has, for the 12 consecutive months preceding application, held a provisional license and during that time has incurred (A) no conviction for a violation of section 169.121, 169.1218, 169.122, or 169.123, (B) no conviction for a crash-related moving violation, and (C) not more than one conviction for a moving violation that is not crash related. "Moving violation" means a violation of a traffic regulation but does not include a parking violation, vehicle equipment violation, or warning citation.
      • (ii) the application for a license is approved by (A) either parent when both reside in the same household as the minor applicant or, if otherwise, then (B) the parent or spouse of the parent having custody or, in the event there is no court order for custody, then (C) the parent or spouse of the parent with whom the minor is living or, if subitems (A) to (C) do not apply, then (D) 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, then (E) the minor's employer; provided, that the approval required by this item contains a verification of the age of the applicant and the identity of the parent, guardian, or employer; and (iii) the applicant presents a certification by the person who approves the application under item (ii), stating that the applicant has driven a motor vehicle accompanied by and under supervision of a licensed driver at least 21 years of age for at least ten hours during the period of provisional licensure;
    • (2) to any person who is under the age of 18 years unless the person has applied for, been issued, and possessed the appropriate instruction permit for a minimum of six months, and a provisional license for a minimum of 12 months;
    • (3) to any person whose license has been suspended during the period of suspension except that a suspended license may be reinstated during the period of suspension upon the licensee furnishing proof of financial responsibility in the same manner as provided in the Minnesota no-fault automobile insurance act;
    • (4) to any person whose license has been revoked except upon furnishing proof of financial responsibility in the same manner as provided in the Minnesota no-fault automobile insurance act and if otherwise qualified;
    • (5) to any person who is a drug dependent person, as defined in section 254A.02 subdivision 5;
    • (6) to any person who has been adjudged legally incompetent by reason of mental illness, mental deficiency, or inebriation, and has not been restored to capacity, unless the department is satisfied that the person is competent to operate a motor vehicle with safety to persons or property;
    • (7) to any person who is required by this chapter to take a vision, knowledge, or road examination, unless the person has successfully passed the examination. An applicant who fails four road tests must complete a minimum of six hours of behind-the-wheel instruction with an approved instructor before taking the road test again;
    • (8) to any person who is required under the Minnesota no-fault automobile insurance act to deposit proof of financial responsibility and who has not deposited the proof;
    • (9) to any person when the commissioner has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare;
    • (10) to any person when, in the opinion of the commissioner, the person is afflicted with or suffering from a physical or mental disability or disease that will affect the person in a manner as to prevent the person from exercising reasonable and ordinary control over a motor vehicle while operating it upon the highways;
    • (11) to a person who is unable to read and understand official signs regulating, warning, and directing traffic;
    • (12) to a child for whom a court has ordered denial of driving privileges under section 260.191 subdivision 1, or 260.195 subdivision 3a, until the period of denial is completed; or
    • (13) to any person whose license has been canceled, during the period of cancellation.

  • Minnesota Statutes 171.041, Farm Work License is amended to include "The applicant is not required to comply with the six-month instruction permit possession provisions of sections 171.04 subdivision 1, clause (2), and 171.05 subdivision 2a, or with the 12-month provisional license possession provision of section 171.04 subdivision 1, clause (1), item (i)."

  • Minnesota Statutes 171.05, added "Subd. 1a. [MINIMUM PERIOD FOR POSSESSION OF INSTRUCTION PERMIT.] An applicant who is 18 years old and who has applied for and received an instruction permit under subdivision 1 must possess the instruction permit for not less than six months before qualifying for a driver's license, or for not less than three months for an applicant who successfully completes an approved course of behind-the-wheel instruction."

  • Minnesota Statutes 171.05, Subd. 2. [PERSONS LESS THAN 18 YEARS OF AGE.] (a) Notwithstanding any provision in subdivision 1 to the contrary, the department, upon application therefor, may issue an instruction permit to an applicant who is 15, 16, or 17 years of age and:
    • (1) is enrolled in a driver education program including classroom and behind the-wheel-training, which has been approved by the state board of education for courses offered through the public schools, or, in the case of a course offered by a private, commercial driver education school or institute, by the department of public safety; except when the applicant has completed a course of driver education in another state or has a previously issued valid license from another state;
    • (2) has completed the classroom phase of instruction in the driver education program;
    • (3) has passed a test of the applicant's eyesight;
    • (4) has passed a test of the applicant's knowledge of traffic laws, which test must be administered by the department;
    • (5) has completed 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, then (v) the applicant's 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, or employer; and (6) has paid the fee required in section 171.06 subdivision 2. (b) The instruction permit is valid for one year from the date of application and may be renewed upon payment of a fee equal to the fee for issuance of an instruction permit under section 171.06 subdivision 2.

  • Minnesota Statutes 171.05, Subd. 2b. (Reworded - moved from subd. 2) (Does this mean an unlicensed parent may supervise driving?)
    Subd. 2b. [INSTRUCTION PERMIT USE BY PERSONS UNDER AGE 18.] (a) This subdivision applies to persons who have applied for and received an instruction permit under subdivision 2. (b) The permit holder may, with the permit in possession, operate a motor vehicle, but must be accompanied by and be under the supervision of a certified driver education instructor, the permit holder's parent or guardian, or another licensed driver age 21 or older. The supervisor must occupy the seat beside the permit holder. (c) The permit 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 subdivision 1. The commissioner shall not record a violation of this paragraph on a person's driving record. (d) The permit holder must maintain a driving record free of convictions for moving violations, as defined in section 171.04 subdivision 1, and free of convictions for violation of section 169.121, 169.1218, 169.122, or 169.123. If the permit holder drives a motor vehicle in violation of the law, the commissioner shall suspend, cancel, or revoke the permit in accordance with the statutory section violated.

  • Minnesota Statutes 171.055 (All new) [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 169.121, 169.1218, 169.122, or 169.123, (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, then (v) the applicant's 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, or 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.

    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) If the holder of a provisional license during the period of provisional licensing incurs (1) a conviction for a violation of section 169.121, 169.1218, 169.122, or 169.123, (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.


MN Highway Safety CenterCollege of Education St. Cloud State University

SCSU Copyright © 1996
Created September 11, 1998 for Minnesota Driver & Traffic Safety Education Association
Last Revision: February 25, 1999
email: JChristensen@stcloudstate.edu
URL: http://www.stcloudstate.edu/~mhsc/gdl.html