A bill for an act
relating to motor vehicles; authorizing third-party programs and third-party testers
to conduct behind-the-wheel road tests for class D drivers' licenses; specifying
requirements and criteria for third-party programs and testers; requiring audits;
allowing appeals of decisions made by the commissioner of public safety; requiring
record keeping and reporting; amending Minnesota Statutes 2020, section 171.13,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 171.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 171.13, subdivision 1, is amended to read:
(a) new text beginEach applicant for a driver's license must pass the examination
required by this section before being issued a driver's license. new text endExcept as otherwise provided
deleted text begin in this sectiondeleted text endnew text begin by sections 171.70 to 171.82new text end, the commissioner deleted text beginshall examine each applicant
for a driver's license by such agency as the commissioner directsdeleted text endnew text begin must conduct the
examinationnew text end. This examination must include:
(1) a test of the applicant's eyesight;
(2) a test of the applicant's ability to read and understand highway signs regulating,
warning, and directing traffic;
(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and
drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
penalties and financial consequences resulting from violations of laws prohibiting the
operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
transportation safety, including the significance of school bus lights, signals, stop arm, and
passing a school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and
dangers of carbon monoxide poisoning;
(4) an actual demonstration of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle; and
(5) other physical and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the highways.
(b) Notwithstanding paragraph (a), no driver's license may be denied an applicant on
the exclusive grounds that the applicant's eyesight is deficient in color perception. War
veterans operating motor vehicles especially equipped for disabled persons, if otherwise
entitled to a license, must be granted such license.
(c) The commissioner shall make provision for giving the examinations under this
subdivision either in the county where the applicant resides or at a place adjacent thereto
reasonably convenient to the applicant.
(d) The commissioner shall ensure that an applicant is able to obtain an appointment for
an examination to demonstrate ability under paragraph (a), clause (4), within 14 days of the
applicant's request if, under the applicable statutes and rules of the commissioner, the
applicant is eligible to take the examination.
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(a) For purposes of sections 171.70 to 171.82, the following terms have the meanings
given them.
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(b) "Applicant" means an entity applying for approval to be a third-party testing program.
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(c) "Entity" includes an individual, natural person, and a legal or corporate person,
however organized unless otherwise expressly described or limited.
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(d) "Letter of approval" means the document issued by the commissioner to the third-party
testing program authorizing the program to administer road tests for class D drivers' licenses.
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(e) "Road test" means the actual physical demonstration of the ability to exercise ordinary
and reasonable control in the operation of a motor vehicle as required by section 171.13,
subdivision 1, paragraph (a), clause (4).
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(f) "Third-party tester" means an individual who is an employee of a third-party testing
program who has qualified for a third-party tester certificate issued by the commissioner
granting the individual authorization to conduct road tests for class D drivers' licenses.
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(g) "Third-party tester certificate" means a certificate issued by the commissioner to the
third-party tester authorizing the third-party tester to administer road tests for class D drivers'
licenses on behalf of a specified third-party testing program.
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(h) "Third-party testing program" means a program authorized by the commissioner to
administer to an individual the road test for class D drivers' licenses.
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The commissioner must allow a third-party tester that complies with the requirements
of sections 171.70 to 171.82 to conduct road tests for people applying for class D drivers'
licenses.
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The applicant shall apply to the commissioner for approval
to be a third-party testing program authorized to administer road tests for class D drivers'
licenses. The applicant must submit the application to the commissioner and provide the
information in subdivision 2. A third-party testing program or a third-party tester employed
by the program must not conduct road tests until the program is approved by the
commissioner.
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To apply for approval as a third-party testing program,
an applicant must complete an application containing the information specified in this
section:
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(1) business name;
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(2) business registration number if a business, or tax identification number if a
not-for-profit entity;
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(3) address of the business's administrative office;
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(4) telephone number, fax number, and e-mail address of the administrative office;
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(5) name of an authorized official responsible for the program and application, and the
official's title and telephone number;
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(6) a map, drawing, or written description of the test route to be used for road tests;
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(7) the name, birth date, home address, and driver's license number of all individuals
the applicant wants to employ as a certified third-party tester;
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(8) attestation that the applicant carries the required insurance, as described in chapter
65B, for all vehicles used for testing; and
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(9) attestation by the authorized official that the information submitted is true and
accurate.
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To qualify as a third-party testing program, the applicant
must be located in the state and must maintain an administrative office in at least one
permanent, regularly occupied building with a permanent address.
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The applicant must employ one or more
certified third-party testers who meet the qualifications in section 171.75.
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The commissioner shall evaluate the application submitted by the
third-party testing program applicant. If the application is satisfactory, the commissioner
must approve the application.
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The commissioner is prohibited from imposing any criteria or
requirements that are not specified by this section.
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Upon approval of an application submitted
pursuant to this section, the commissioner shall issue a letter of approval to designate a
third-party testing program. The letter of approval constitutes an agreement between the
state and the third-party testing program administering road tests for a class D driver's
license. A letter of approva