1.1 .................... moves to amend H. F. No. 829, the first engrossment, as follows:
1.2Page ..., after line ..., insert:
1.3 "Sec. .... Minnesota Statutes 2006, section 171.09, subdivision 1, is amended to read:
1.4 Subdivision 1.
Authority; violations. (a) The commissioner, when good cause
1.5appears, may impose restrictions suitable to the licensee's driving ability or other
1.6restrictions applicable to the licensee as the commissioner may determine to be appropriate
1.7to assure the safe operation of a motor vehicle by the licensee.
1.8 (b) Pursuant to Code of Federal Regulations, title 49, section
383.95, if an applicant
1.9for a commercial driver's license either does not successfully complete the air brake
1.10component of the knowledge test, or does not successfully complete the skills test
1.11in a vehicle equipped with air brakes as such tests are prescribed in Code of Federal
1.12Regulations, title 49, part 384, the department shall indicate on the class C, class B,
1.13or class A commercial driver's license, if issued, that the individual is restricted from
1.14operating a commercial motor vehicle equipped with air brakes.
1.15 (c) Upon receiving satisfactory evidence of any violation of the restrictions on the
1.16license, the commissioner may suspend or revoke the license. A license suspension under
1.17this section is subject to section
171.18, subdivisions 2 and 3.
1.18 (d) A person who drives, operates, or is in physical control of a motor vehicle while
1.19in violation of the restrictions imposed in a restricted driver's license issued to that person
1.20under this section is guilty of a crime as follows:
1.21 (1) if the restriction relates to the possession or consumption of alcohol or controlled
1.22substances, the person is guilty of a gross misdemeanor; or
1.23 (2) if the restriction relates to another matter, the person is guilty of a misdemeanor.
1.24 (e) However, if a person is found to be in violation of paragraph (d), clause (1),
1.25solely because a test of the person's blood, breath, or urine showed the person's alcohol
1.26concentration was 0.02 or less, in violation of an alcohol-abstinence restriction, the
1.27commissioner shall issue, without a waiting period being required under section 171.30,
2.1to the violator a restricted, limited license for work purposes under section 171.30,
2.2subdivision 1, paragraph (a), clause (1).
2.3 (f) However, if a person is found to be in violation of paragraph (d), clause (1),
2.4and the person is participating in a treatment program structured in accordance with the
2.5criteria contained in rules adopted by the commissioner of human services under section
2.6254A.03, subdivision 3 (chemical dependency treatment rules), then the commissioner
2.7shall issue, with a waiting period not to exceed 30 days, a limited license for work and
2.8chemical dependency treatment purposes in accordance with section 171.30, subdivision
2.91, paragraph (a), clause (1).
2.10 (g) The commissioner shall issue a driver's license that does not show the
2.11alcohol-abstinence restriction to a person if the person has abstained from alcohol for
2.12seven consecutive years, as documented according to rules of the commissioner.
2.13 Sec. .... Minnesota Statutes 2006, section 171.12, subdivision 6, is amended to read:
2.14 Subd. 6.
Certain convictions not recorded. (a) Except as provided in paragraph
2.15(b) (c), the department shall not keep on the record of a driver any conviction for a
2.16violation of a speed limit of 55 or 60 miles per hour unless the violation consisted of a
2.17speed greater than ten miles per hour in excess of a 55 miles per hour speed limit, or more
2.18than five miles per hour in excess of a 60 miles per hour speed limit.
2.19 (b) Except as provided in paragraph (c), the department shall not keep on the record
2.20of a driver any conviction for a violation described in section 171.09, subdivision 1,
2.21paragraph (e).
2.22 (b) (c) This subdivision does not apply to (1) a violation that occurs in a commercial
2.23motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
2.24driver's license, without regard to whether the violation was committed in a commercial
2.25motor vehicle or another vehicle."
2.26Page ..., after line ..., insert:
2.27 "Sec. .... Minnesota Statutes 2006, section 171.30, subdivision 4, is amended to read:
2.28 Subd. 4.
Penalty. A person who violates a condition or limitation of a limited
2.29license issued under subdivision 1 or fails to have the license in immediate possession
2.30at all times when operating a motor vehicle is guilty of a misdemeanor. In addition, a
2.31person who violates a condition or limitation of a limited license may not operate a motor
2.32vehicle for the remainder of the period of suspension or revocation, or 30 days, whichever
2.33is longer
; provided that, if the person commits a violation described in section 171.09,
2.34subdivision 1, paragraph (e), the commissioner shall issue, without a waiting period being
2.35required under this subdivision or section 171.30, to the violator a restricted, limited
2.36license for work purposes under section 171.30, subdivision 1, paragraph (a), clause (1)."
3.1Renumber the sections in sequence and correct the internal references
3.2Amend the title accordingly