Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Authority.
Pursuant to Minnesota Statutes, section
171.30, the
commissioner shall issue a limited license following a revocation or suspension
in connection with an alcohol- or controlled-substance-related incident when
the conditions of issuing a limited license have been satisfied.
Subp. 2.
Persons not
eligible.
The commissioner shall issue a limited license to a person
only when the person complies with the waiting period and conditions specified
in this part, part
7409.3600, and Minnesota Statutes,
section
171.30.
Subp. 3.
Conditions of
issuance.
Before a limited license may be issued under Minnesota
Statutes, section
171.30,
subdivision 1, the person must:
A.
apply for a new license and pay the application fee for the class of license
involved;
B. pass the driver's
license examinations as required by parts
7410.4000 to
7410.5600, and Minnesota Statutes,
section
171.13;
C. pay a reinstatement fee as required by
Minnesota Statutes, section
171.29,
at the time of payment; and
D.
request a limited license by written correspondence, facsimile, or e-mail, by
personal appearance at the department, or by telephone.
Subp. 3a.
Judicial review
waiver.
Except for persons enrolled in the ignition interlock device
program under Minnesota Statutes, section
171.306,
the commissioner shall waive subpart
3, items A, B, and C if the
person has filed a petition for judicial review in the appropriate court and
has furnished a copy of the petition to the commissioner. If the revocation is
sustained on judicial review, the requirements must be met before reinstatement
of driving privileges.
Subp.
4.
Restrictions and limitations.
The commissioner shall restrict and limit the time and use of
a limited license as provided in part
7409.3600 and Minnesota Statutes,
section
171.30,
subdivision 1.
Subp. 4a.
No limited commercial license.
The commissioner shall not issue a limited class A, B, or C
license under Minnesota Statutes, section
171.30, during
the period the individual is disqualified from holding a commercial class A, B,
or C license under Minnesota Statutes, section
171.165.
Subp. 4b.
Limited class D
license issuance exceptions.
The commissioner shall not issue a limited class D license
under Minnesota Statutes, section
171.30, to an
individual:
A. if the license is
suspended under part
7503.0200, suspended for criminal
vehicular homicide or injury, or suspended for manslaughter with a motor
vehicle;
B. for employment to
operate a class A school bus or child care or activity bus as described in
Minnesota Statutes, section
169.011 or
171.02;
or
C. for employment to operate a
special transportation service vehicle as described in Minnesota Statutes,
sections
221.012, subdivision
38, and 473.386.
Subp.
4c.
Limited licensure to juveniles.
The commissioner shall not issue a limited license for 90
days under Minnesota Statutes, section
171.30, to any
person who:
A. was under the age of 21
at the time of the violation; and
B. committed a second violation of Minnesota
Statutes, section
169A.33.
Subp. 4d.
Ignition interlock
device exceptions.
The commissioner shall issue a limited license to a program
participant, subject to Minnesota Statutes, section
171.306,
subdivision 4, paragraph (c), and part
7503.1725, for the following
purposes, except that these purposes are not subject to part
7409.3600, subpart
4, item A:
A. appearing in court for an offense under
Minnesota Statutes, sections
169A.20,
and
169A.50 to
169A.53;
B. meeting with the program participant's
probation officer for an alcohol-related incident as scheduled or
required;
C. participating in a
generally recognized support group based on ongoing alcohol abstinence,
controlled substance abstinence, or both, no more than three times a week or as
otherwise ordered by the court;
D.
attending medical or psychological treatment that is ordered by a court as a
result of a violation of Minnesota Statutes, sections
169A.20,
and
169A.50 to
169A.53;
and
E. device calibration as
required in Minnesota Statutes, section
171.306,
subdivision 3.
Subp. 5.
Administrative review following denial of limited license.
The commissioner shall grant a person an administrative
review according to the procedures in part
7409.4600 to review a decision not
to issue a limited license to that person.
Subp. 6.
Issuance of limited class D
instruction permit.
A. The
commissioner shall issue a limited class D instruction permit to a resident of
the state whose driving privilege is canceled and denied under Minnesota
Statutes, section
171.04,
subdivision 1, clause (10), or 171.17, subdivision 1, paragraph (a), clause
(2), for a period of one year, in order to comply with Minnesota Statutes,
section
171.306.
Before a limited class D instruction permit may be issued under Minnesota
Statutes, section
171.05,
subdivision 1, the person must:
(1) meet the
requirements under part
7503.1725, subpart
2, items C to H;
(2) pass a class D knowledge test under part
7410.4500, subpart
2;
(3) pass a class D knowledge test on the
effects of alcohol and drugs as described in part
7410.4520; and
(4) meet the requirements for a limited
license under part
7409.3600, subpart
1.
B. The commissioner shall restrict and limit
a limited class D instruction permit:
(1) as
provided in part
7409.3600, subpart
4, item A;
(2) as provided in Minnesota Statutes,
section
171.05,
subdivision 1a; and
(3) for the
exclusive purpose of receiving instruction in operating a motor
vehicle.
C. The
commissioner shall not issue a class D license with ignition interlock device
restriction to a person who has possessed a limited class D instruction permit
for one year until the person:
(1) passes the
class D driver's license road test; and
(2) meets the requirements under part
7503.1725, subpart
5, and Minnesota Statutes,
section
171.306.
D. The commissioner shall not
issue a class D limited license with ignition interlock device installation to
a person who has possessed a limited class D instruction permit for less than
one year until the person:
(1) passes the
class D driver's license road test; and
(2) meets the requirements under part
7503.1725, subpart
2, and Minnesota Statutes,
section
171.306.
Statutory Authority: MS s
14.06;
14.388;
169.128;
169.798;
169A.75;
171.165;
299A.01