| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

171.05.2

Statute ID: 18698

Statute Function ID: 38085

Drivers' Licenses - Instruction Permit Violations - Persons Under 18 Years of Age

In Effect

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Charge

Classifications

Offense Level:

Misdemeanor (M)

General Offense Code:

DWI/Traffic/Vehicle Regulation (4)

Offense Summary Code & Rank:

Traffic/Accidents(exclude DWI) (J) (Rank 28)

Detailed Offense Code:

Traffic/Transportation (499)

Offense Severity Level:

Function Text:

UCR Code

Description

999

NIBRS Non-Reportable

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Yes

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

171.05.2

Enactment Date:

May 24, 2023

Effective Date:

Jul 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Drivers' Licenses - Instruction Permit Violations - Persons Under 18 Years of Age

Statute ID:

18698

Created:

Jun 6, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 6, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2023 C68 Art4 Sect56; effective 07/01/2023

Summary Text:

Drivers' Licenses - Instruction Permit Violations - Persons Under 18 Years of Age

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/171/05.html

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jun 6, 2023

(a) The department may issue an instruction permit to an applicant who is 15, 16, or 17 years of age and who:

(1) has completed a course of driver education in another state, has a previously issued valid license from another state, or:

(i) is enrolled in behind-the-wheel training in a driver education program; and

(ii) has completed:

(A) the classroom phase of instruction in a driver education program includes classroom and behind-the-wheel training;

(B) 15 hours of classroom instruction in a driver education program that presents classroom and behind-the-wheel instruction concurrently;

(C) home-classroom driver training, when the student is receiving full-time instruction in a home school within the meaning of sections 120A.22 and 120A.24, the student is working toward a home school diploma, the home-classroom driver training materials are approved by the commissioner of public safety, and the student's parent has certified the student's home school and home-classroom driver training status on the form approved by the commissioner;

(D) a teleconference driver education program authorized by section 171.395; or

(E) an online driver education program authorized by section 171.396;

(2) has passed a test of the applicant's eyesight;

(3) has passed a department-administered test of the applicant's knowledge of traffic laws;

(4) 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, (v) the foster parent or the director of the transitional living program in which the child resides or, in the event a person under the age of 18 has no living father, mother, or guardian, or is married or otherwise legally emancipated, then (vi) the applicant's adult spouse, adult close family member, or adult 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, adult spouse, adult close family member, or adult employer; and

(5) has paid all fees required in section 171.06, subdivision 2.

(b) In addition, the applicant may submit a certification stating that a primary driving supervisor has completed the supplemental parental curriculum under section 171.0701, subdivision 1a, for the purposes of provisional license requirements under section 171.055, subdivision 1, paragraph (a), clause (6). The certification must be completed by a driver education instructor, as defined under section 171.0701, subdivision 1a.

(c) For the purposes of determining compliance with the certification of paragraph (a), clause (1), item (ii), subitem (C), the commissioner may request verification of a student's home school status from the superintendent of the school district in which the student resides and the superintendent shall provide that verification.

(d) A driver education program under this subdivision includes a public, private, or commercial program and must be approved by the commissioner.

(e) The instruction permit is valid for two years 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.