Minnesota Administrative Rules

7409.3600 LIMITED LICENSE.

Subpart 1.

General procedures for obtaining limited license.

In accordance with part 7503.1800, except as specified in subparts 2 and 3 of this part, the commissioner shall issue a limited license following a revocation under Minnesota Statutes, section 169.792, 169.797, or 171.17, or suspension under Minnesota Statutes, section 171.18, only when the person has met the conditions specified in this part:

A.

The person must demonstrate a need and meet the requirements for a limited license under Minnesota Statutes, section 171.30.

B.

The person must pay the reinstatement fee required by statute.

C.

If the person's driver's license was revoked, the person must apply for a new license, pay the application fee for the class of license involved, and pass the examination and tests required under parts 7410.4000 to 7410.5600, and Minnesota Statutes, section 171.13.

D.

One-half of the revocation or suspension period must be expired if the person has had a limited license within the previous 24 months, except that this requirement does not apply to a program participant under Minnesota Statutes, section 171.306, subdivision 1, paragraph (c), who is subject to part 7503.1800, subpart 4d.

E.

The person must request a limited license by written correspondence, facsimile, or e-mail, by personal appearance at the department, or by telephone.

F.

The person must have fulfilled all outstanding requirements for all other driver's license withdrawals.

Subp. 2.

No limited class D license issuance.

The commissioner shall not issue a limited class D driver's license:

A.

if the license is suspended for criminal vehicular homicide, manslaughter with a motor vehicle, or fleeing a peace officer with a motor vehicle under part 7409.2000;

B.

to operate a class A school bus, child care bus, Head Start bus, or activity bus as described in Minnesota Statutes, section 169.011; or

C.

to operate a special transportation service vehicle as described in Minnesota Statutes, section 221.012, subdivision 38, or 473.386.

Subp. 3.

No limited commercial license following disqualification.

The commissioner shall not issue a limited class A, B, or C commercial driver's license during the period the individual is disqualified from holding a class A, B, or C commercial driver's license.

Subp. 4.

Hour and day limitations.

A.

The commissioner shall not issue a limited driver's license that would allow a person to potentially operate a motor vehicle for more than 60 hours per week and six days a week.

B.

Except for the driving time for chemical dependency treatment specified in subpart 5, the potential driving time must fall within the total hours and day limits specified in item A.

C.

"Livelihood" as the term is used in Minnesota Statutes, section 171.30, means gainful employment for wages or salary.

Subp. 5.

Chemical dependency treatment or counseling.

A.

Upon request of the driver, the commissioner shall issue a limited driver's license for a person to:

(1)

attend chemical dependency treatment as defined in part 7503.0100, subpart 5;

(2)

participate in a generally recognized support group based on ongoing abstinence; or

(3)

attend a court-ordered alcohol intervention program.

B.

Counseling must be provided by a program described in item A.

C.

Driving time to attend the support group in item A, subitem (2), is authorized for no more than three times a week, or as otherwise ordered by a court.

Subp. 6.

Homemaker educational needs.

Upon request of the driver, the commissioner shall issue a limited driver's license to transport any dependent to child care or to an elementary or secondary school to attend classes for graduation if:

A.

the driver demonstrates that lack of driving privileges would substantially disrupt the dependent's education; and

B.

the driver is the individual primarily responsible for providing the transportation to school or child care.

Subp. 7.

Homemaker medical needs.

Upon request of the driver, the commissioner shall issue a limited driver's license to take a dependent under the age of 18 or other dependent living in the homemaker's household to a medical or dental appointment or to obtain medical supplies for the dependent if:

A.

the driver demonstrates that lack of driving privileges would substantially disrupt a dependent's medical needs; and

B.

the driver is the individual primarily responsible for providing the transportation for medical needs.

Subp. 8.

Homemaker nutritional needs.

Upon request of the driver, the commissioner shall issue a limited driver's license to obtain food for any and all dependents within the household for a three-hour period no more than once a week if:

A.

the driver demonstrates that lack of driving privileges would substantially disrupt a dependent's nutritional needs; and

B.

the driver is the individual primarily responsible for providing the transportation for nutritional needs.

Subp. 9.

Out-of-state license holder.

Upon application for a Minnesota limited driver's license by a person with a state license other than one issued by Minnesota, the commissioner may issue a limited license in Minnesota if:

A.

the out-of-state license is valid and the applicant is in possession of a driver's license card;

B.

the applicant submits a certified copy of the applicant's driving record in all states of current and previous licensure so the commissioner can determine whether to issue a limited license; and

C.

the commissioner determines that the provisions of this part and Minnesota Statutes, section 171.30, are met.

Subp. 10.

Ignition interlock device program needs.

Upon the request of a driver who chooses to have an ignition interlock device installed on a vehicle, the commissioner shall issue a limited license for the person to drive to a local service provider for periodic device calibration and maintenance.

Statutory Authority:

MS s 14.06; 14.388; 169.792; 169.795; 169.798; 299A.01

History:

16 SR 1177; L 1992 c 571 art 14 s 13; 27 SR 466; 35 SR 2019

Published Electronically:

July 5, 2011