Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1394 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to motor vehicles; amending driver's license road skills examination
3	3	1.3 appointment requirements and website information; authorizing third-party testing
4	4	1.4 programs and third-party testers to conduct behind-the-wheel road tests for class
5	5	1.5 D drivers' licenses; specifying requirements and criteria for third-party testing
6	6	1.6 programs and third-party testers; requiring audits; allowing appeals of decisions
7	7	1.7 made by the commissioner of public safety; amending Minnesota Statutes 2024,
8	8	1.8 section 171.13, subdivision 1; proposing coding for new law in Minnesota Statutes,
9	9	1.9 chapter 171.
10	10	1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
11	11	1.11 Section 1. Minnesota Statutes 2024, section 171.13, subdivision 1, is amended to read:
12	12	1.12 Subdivision 1.Examination subjects and locations; provisions for color blindness,
13	13	1.13disabled veterans.(a) Except as otherwise provided in this section, the commissioner must
14	14	1.14examine each applicant for a driver's license by such agency as the commissioner directs.
15	15	1.15This examination must include:
16	16	1.16 (1) a test of the applicant's eyesight, provided that this requirement is met by submission
17	17	1.17of a vision examination certificate under section 171.06, subdivision 7;
18	18	1.18 (2) a test of the applicant's ability to read and understand highway signs regulating,
19	19	1.19warning, and directing traffic;
20	20	1.20 (3) a test of the applicant's knowledge of: (i) traffic laws; (ii) the effects of alcohol and
21	21	1.21drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
22	22	1.22penalties and financial consequences resulting from violations of laws prohibiting the
23	23	1.23operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
24	24	1.24grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
25	25	1.25transportation safety, including the significance of school bus lights, signals, stop arm, and
26	26	1Section 1.
27	27	25-02029 as introduced01/15/25 REVISOR KRB/ES
28	28	SENATE
29	29	STATE OF MINNESOTA
30	30	S.F. No. 1394NINETY-FOURTH SESSION
31	31	(SENATE AUTHORS: KREUN, Housley, Coleman, Abeler and Limmer)
32	32	OFFICIAL STATUSD-PGDATE
33	33	Introduction and first reading02/13/2025
34	34	Referred to Transportation 2.1passing a school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and
35	35	2.2dangers of carbon monoxide poisoning;
36	36	2.3 (4) an actual demonstration of ability to exercise ordinary and reasonable control in the
37	37	2.4operation of a motor vehicle; and
38	38	2.5 (5) other physical and mental examinations as the commissioner finds necessary to
39	39	2.6determine the applicant's fitness to operate a motor vehicle safely upon the highways.
40	40	2.7 (b) Notwithstanding paragraph (a), the commissioner must not deny an application for
41	41	2.8a driver's license based on the exclusive grounds that the applicant's eyesight is deficient in
42	42	2.9color perception or that the applicant has been diagnosed with diabetes mellitus. War veterans
43	43	2.10operating motor vehicles especially equipped for disabled persons, if otherwise entitled to
44	44	2.11a license, must be granted such license.
45	45	2.12 (c) The commissioner must ensure that an applicant may take an exam either in the
46	46	2.13county where the applicant resides or in an adjacent county at a reasonably convenient
47	47	2.14location. The schedule for each exam station must be posted on the department's website.
48	48	2.15 (d) The commissioner shall must ensure that an applicant is able to obtain an appointment
49	49	2.16for an examination to demonstrate ability under paragraph (a), clause (4), within 14 days
50	50	2.17of the applicant's request if, under the applicable statutes and rules of the commissioner,
51	51	2.18the applicant is eligible to take the examination.
52	52	2.19 (e) The commissioner must provide real-time information on the department's website
53	53	2.20about the availability and location of exam appointments. The website must show the next
54	54	2.21available exam dates and times for each exam station. The commissioner must make exam
55	55	2.22appointments available at least three months in advance. The website must also provide an
56	56	2.23option for a person to enter an address to see the date and time of the next available exam
57	57	2.24at each exam station sorted by distance from the address provided. The commissioner must
58	58	2.25stagger the release of new appointments available to applicants and must ensure appointments
59	59	2.26are released at 8 a.m., 12 p.m., and 6 p.m. or during normal business hours.
60	60	2.27 (f) The website must not require an account, license number, or other personally
61	61	2.28identifiable information in order to view available exam appointment dates and times for
62	62	2.29class D drivers' licenses.
63	63	2.30 EFFECTIVE DATE.This section is effective August 1, 2025, for examinations
64	64	2.31administered on or after that date.
65	65	2Section 1.
66	66	25-02029 as introduced01/15/25 REVISOR KRB/ES 3.1 Sec. 2. [171.70] DEFINITIONS.
67	67	3.2 (a) For purposes of sections 171.70 to 171.82, the following terms have the meanings
68	68	3.3given.
69	69	3.4 (b) "Applicant" means an entity applying for approval to be a third-party testing program.
70	70	3.5 (c) "Entity" means an individual, a natural person, or a legal or corporate person, however
71	71	3.6organized, unless otherwise expressly described or limited.
72	72	3.7 (d) "Letter of approval" means the document issued by the commissioner to the third-party
73	73	3.8testing program authorizing the program to administer road tests for class D drivers' licenses.
74	74	3.9 (e) "Road test" means the actual physical demonstration of the ability to exercise ordinary
75	75	3.10and reasonable control in the operation of a motor vehicle as required by section 171.13,
76	76	3.11subdivision 1, paragraph (a), clause (4).
77	77	3.12 (f) "Third-party tester" means an individual who is an employee of a third-party testing
78	78	3.13program who has qualified for a third-party tester certificate issued by the commissioner,
79	79	3.14granting the individual authorization to conduct road tests for class D drivers' licenses.
80	80	3.15 (g) "Third-party tester certificate" means a certificate issued by the commissioner to the
81	81	3.16third-party tester authorizing the third-party tester to administer road tests for class D drivers'
82	82	3.17licenses on behalf of a specified third-party testing program.
83	83	3.18 (h) "Third-party testing program" means a program authorized by the commissioner to
84	84	3.19administer the road test for a class D driver's license to an individual.
85	85	3.20 Sec. 3. [171.71] THIRD-PARTY TESTER; AUTHORIZATION.
86	86	3.21 The commissioner must allow a third-party tester that complies with the requirements
87	87	3.22of sections 171.70 to 171.82 to conduct road tests for individuals applying for class D drivers'
88	88	3.23licenses.
89	89	3.24 Sec. 4. [171.72] PROGRAM APPLICATION; APPROVAL.
90	90	3.25 Subdivision 1.Application.An applicant seeking authorization to administer road tests
91	91	3.26for class D drivers' licenses must apply to the commissioner for approval. The applicant
92	92	3.27must submit the application to the commissioner and provide the information required in
93	93	3.28subdivision 2. A third-party testing program or third-party tester employed by the program
94	94	3.29must not conduct road tests until the program is approved by the commissioner.
95	95	3.30 Subd. 2.Application contents.To apply for approval as a third-party testing program,
96	96	3.31an applicant must complete an application containing the following information:
97	97	3Sec. 4.
98	98	25-02029 as introduced01/15/25 REVISOR KRB/ES 4.1 (1) business name;
99	99	4.2 (2) business registration number, if a business, or tax identification number if a nonprofit
100	100	4.3entity;
101	101	4.4 (3) address of the business's administrative office;
102	102	4.5 (4) telephone number and email address of the administrative office;
103	103	4.6 (5) name of an authorized official responsible for the program and application and the
104	104	4.7official's title and telephone number;
105	105	4.8 (6) a map, drawing, or written description of the test route to be used for road tests;
106	106	4.9 (7) the name, date of birth, home address, and driver's license number of all individuals
107	107	4.10the applicant intends to employ as a certified third-party tester;
108	108	4.11 (8) an attestation that the applicant carries the required insurance, as described in chapter
109	109	4.1265B, for all vehicles used for testing; and
110	110	4.13 (9) an attestation by the authorized official that the information is true and accurate.
111	111	4.14 Subd. 3.Location requirement.To qualify as a third-party testing program, the applicant
112	112	4.15must be located in the state and must maintain an administrative office in at least one
113	113	4.16permanent, regularly occupied building with a permanent address.
114	114	4.17 Subd. 4.Employment of certified tester.The applicant must employ one or more
115	115	4.18certified third-party testers who meet the qualifications in section 171.75.
116	116	4.19 Subd. 5.Evaluation.The commissioner must evaluate the application submitted by the
117	117	4.20third-party testing program applicant. If the application is satisfactory, the commissioner
118	118	4.21must approve the application.
119	119	4.22 Subd. 6.Limitation.The commissioner is prohibited from imposing any criteria or
120	120	4.23requirements that are not specified by this section.
121	121	4.24 Subd. 7.Commissioner's letter of approval.Upon approval of an application submitted
122	122	4.25under this section, the commissioner must issue a letter of approval to designate a third-party
123	123	4.26testing program. The letter of approval constitutes an agreement between the state and the
124	124	4.27third-party testing program administering road tests for class D drivers' licenses. A letter of
125	125	4.28approval issued under this section is not transferable.
126	126	4.29 Sec. 5. [171.73] INDEMNIFICATION.
127	127	4.30 An applicant under section 171.72 must agree to indemnify and hold harmless the state
128	128	4.31and all state officers, employees, and agents of the state from and against all claims, losses,
129	129	4Sec. 5.
130	130	25-02029 as introduced01/15/25 REVISOR KRB/ES 5.1damages, costs, and other proceedings made, sustained, brought, or prosecuted in any manner
131	131	5.2based on or occasioned by or attributive to any injury, infringement, or damage rising from
132	132	5.3any act or omission of the third-party testing program or the program's employees in the
133	133	5.4performance of testing duties.
134	134	5.5 Sec. 6. [171.74] USE OF CERTIFIED THIRD-PARTY TESTERS.
135	135	5.6 The third-party testing program must allow only individuals who have been certified by
136	136	5.7the commissioner as third-party testers under sections 171.75 and 171.76 to administer road
137	137	5.8tests. The program must maintain on file in the program's administrative office a copy of
138	138	5.9the valid certificate of each third-party tester employed by the program.
139	139	5.10 Sec. 7. [171.75] THIRD-PARTY TESTER QUALIFICATIONS.
140	140	5.11 Subdivision 1.Generally.An individual seeking certification as a third-party tester must
141	141	5.12apply to the commissioner for approval. An individual seeking certification must submit
142	142	5.13an application to the commissioner and meet the requirements specified in subdivision 2.
143	143	5.14 Subd. 2.Requirements.To be certified as a third-party tester, the individual must:
144	144	5.15 (1) possess a valid driver's license;
145	145	5.16 (2) be 21 years of age or older;
146	146	5.17 (3) be a licensed driver in a state of the United States for the past three years;
147	147	5.18 (4) before the date of application, have maintained continuous valid driving privileges
148	148	5.19for the past year;
149	149	5.20 (5) successfully pass a prequalifying tester examination;
150	150	5.21 (6) be an employee of a third-party testing program;
151	151	5.22 (7) successfully complete the test administration training required of state-employed
152	152	5.23examiners; and
153	153	5.24 (8) have the class of driver's license and endorsements to operate the types of vehicles
154	154	5.25for which the road tests are administered.
155	155	5.26The examination and training required by clauses (5) and (7) must be identical for
156	156	5.27state-employed examiners and third-party testers.
157	157	5.28 Subd. 3.Employment; state employee prohibition.A certified third-party tester must
158	158	5.29have a certificate for each third-party testing program that employs the tester. The tester
159	159	5.30must reapply and be approved for a new certificate to conduct tests on behalf of a new
160	160	5Sec. 7.
161	161	25-02029 as introduced01/15/25 REVISOR KRB/ES 6.1third-party testing program. The tester may be simultaneously employed by more than one
162	162	6.2program. A certified third-party tester must not be an employee of the department.
163	163	6.3 Subd. 4.Maintaining certification.To maintain certification as a third-party tester, an
164	164	6.4individual must:
165	165	6.5 (1) conduct at least 12 road tests annually from the date of initial issuance of a third-party
166	166	6.6tester certificate;
167	167	6.7 (2) be evaluated at least annually on the administration of tests and record keeping;
168	168	6.8 (3) attend annual in-service training, workshops, or seminars provided by the
169	169	6.9commissioner, provided that the requirements are the same as testers employed by the
170	170	6.10department;
171	171	6.11 (4) submit monthly testing reports in a format specified by the commissioner; and
172	172	6.12 (5) account for all records of examinations issued by the commissioner to a third-party
173	173	6.13tester and submit the record of examination immediately to the commissioner after completing
174	174	6.14a road test.
175	175	6.15 Subd. 5.Limitation.The commissioner is prohibited from imposing any criteria or
176	176	6.16requirements on third-party testing programs or third-party testers that are not specified by
177	177	6.17this section.
178	178	6.18 Sec. 8. [171.76] CERTIFICATES AND LETTER OF APPROVAL.
179	179	6.19 Subdivision 1.Tester certificates.Upon approval of an application submitted under
180	180	6.20section 171.75, the commissioner must issue a certificate to each approved third-party tester
181	181	6.21of a third-party testing program. The third-party testing program must keep a copy of the
182	182	6.22certificate of each third-party tester employed by the program on file in the office of the
183	183	6.23program. A third-party tester's certificate is effective on the date of issuance by the
184	184	6.24commissioner and expires four years after issuance. A third-party tester may not conduct
185	185	6.25road tests without a valid third-party tester certificate. A certificate issued to a third-party
186	186	6.26tester is not transferable.
187	187	6.27 Subd. 2.Certificate renewal time frame.A third-party tester must submit an application
188	188	6.28for renewal of the tester's certificate to the commissioner no less than 30 days before the
189	189	6.29previously issued certificate expires.
190	190	6Sec. 8.
191	191	25-02029 as introduced01/15/25 REVISOR KRB/ES 7.1 Sec. 9. [171.77] TEST PROOF.
192	192	7.2 The third-party testing program must provide a record of examination, on a form obtained
193	193	7.3from or approved by the commissioner, to an individual who has passed a road test for a
194	194	7.4class D driver's license. The record of examination, which must be presented at the time of
195	195	7.5application for a class D driver's license, must specify that the individual has passed the
196	196	7.6required test or tests administered by the third-party testing program.
197	197	7.7 Sec. 10. [171.78] AUDITS.
198	198	7.8 Subdivision 1.Random examinations; inspections; audits.A third-party testing
199	199	7.9program approved by the commissioner must allow representatives of the commissioner,
200	200	7.10on behalf of the state, to conduct random examinations, inspections, and audits of the testing
201	201	7.11operation without prior notice.
202	202	7.12 Subd. 2.On-site inspections.A third-party testing program must permit on-site
203	203	7.13inspections by agents of the commissioner as necessary to determine compliance with
204	204	7.14sections 171.70 to 171.82.
205	205	7.15 Subd. 3.Examination of test administration.On at least an annual basis, agents of the
206	206	7.16commissioner who are state employees must be permitted to:
207	207	7.17 (1) take the tests actually administered by the third-party testing program as if the state
208	208	7.18employees were test applicants;
209	209	7.19 (2) test a sample of drivers who were examined by the third-party testing program to
210	210	7.20compare passing and failing results; or
211	211	7.21 (3) conduct a road test simultaneously with the third-party tester to compare test results.
212	212	7.22 Subd. 4.Notice of test schedule.Upon request, and no less than 48 hours in advance,
213	213	7.23the third-party testing program must provide the commissioner with the scheduled times
214	214	7.24and dates that skill tests and road tests are to be given.
215	215	7.25 Sec. 11. [171.79] TEST ADMINISTRATION.
216	216	7.26 Subdivision 1.Generally.Road tests conducted by a third-party tester must meet the
217	217	7.27requirements in Minnesota Rules, parts 7410.4800 to 7410.5380. The commissioner is
218	218	7.28prohibited from imposing additional test administration criteria or requirements on third-party
219	219	7.29testers.
220	220	7.30 Subd. 2.Third-party tester restrictions.A third-party tester must not:
221	221	7.31 (1) delegate any portion of testing to another individual;
222	222	7Sec. 11.
223	223	25-02029 as introduced01/15/25 REVISOR KRB/ES 8.1 (2) be the spouse, fiancé, grandparent, parent, child, sibling, or legal guardian, including
224	224	8.2adoptive, half-, step-, and in-law relationships, of the person taking the test;
225	225	8.3 (3) test anyone with a physical disability who may need an individualized restriction
226	226	8.4added to the person's driver's license; or
227	227	8.5 (4) test anyone who has not completed all required coursework and training before
228	228	8.6administering a road test.
229	229	8.7 Sec. 12. [171.80] RECORD KEEPING; REPORTING REQUIREMENTS.
230	230	8.8 Subdivision 1.Records of administered tests.An approved third-party testing program
231	231	8.9must maintain, at the program's administrative office for a minimum of three years, the
232	232	8.10tester's copy of the record of examination of any driver for whom the third-party testing
233	233	8.11program conducts a test, whether or not the driver passes or fails the test. Each record of
234	234	8.12examination must include the:
235	235	8.13 (1) full name of the driver;
236	236	8.14 (2) date the driver took the test; and
237	237	8.15 (3) name and certificate number of the third-party tester conducting the test.
238	238	8.16 Subd. 2.Records of third-party testers.The third-party testing program must maintain,
239	239	8.17at the program's administrative office, a record of each third-party tester in the employ of
240	240	8.18the third-party testing program at that location. Each record must include:
241	241	8.19 (1) a valid and complete tester certificate indicating the third-party tester has met all
242	242	8.20qualifications;
243	243	8.21 (2) a copy of the third-party tester's current driving record, which must be updated
244	244	8.22annually; and
245	245	8.23 (3) evidence that the third-party tester is an employee of the third-party testing program.
246	246	8.24 Subd. 3.Record retention.The third-party testing program must retain all third-party
247	247	8.25tester records for three years after a third-party tester leaves the employ of the third-party
248	248	8.26testing program.
249	249	8.27 Subd. 4.Reporting requirements.The third-party testing program must report the
250	250	8.28number of road tests administered annually by all third-party testers employed by the
251	251	8.29program. The report must be in writing or in an electronic format approved by the
252	252	8.30commissioner and must be received by the commissioner within 45 days of the end of each
253	253	8.31calendar year.
254	254	8Sec. 12.
255	255	25-02029 as introduced01/15/25 REVISOR KRB/ES 9.1 Subd. 5.Data Practices Act.All third-party testing programs and third-party testers are
256	256	9.2subject to section 13.05, subdivision 11.
257	257	9.3 Sec. 13. [171.81] NOTIFICATION REQUIREMENTS.
258	258	9.4 Subdivision 1.Generally.The third-party testing program must ensure that the
259	259	9.5commissioner is notified in writing or electronically:
260	260	9.6 (1) 30 days before any change in the third-party testing program's name or address;
261	261	9.7 (2) ten days before a third-party tester leaves the employ of the third-party testing
262	262	9.8program;
263	263	9.9 (3) within ten days of a change in a third-party tester's driving status;
264	264	9.10 (4) within ten days of the third-party testing program ceasing business operations in
265	265	9.11Minnesota; or
266	266	9.12 (5) within ten days of a third-party tester:
267	267	9.13 (i) receiving notice from any state that the tester's driving privileges have been withdrawn;
268	268	9.14or
269	269	9.15 (ii) failing to comply with the third-party testing program or third-party tester
270	270	9.16requirements in sections 171.70 to 171.82.
271	271	9.17 Subd. 2.Test route change.Before changing a test route, a third-party testing program
272	272	9.18must submit a written request and obtain written approval from the commissioner for any
273	273	9.19proposed change in the road test route. The request may be submitted by facsimile or email.
274	274	9.20 Subd. 3.Tester change.A third-party tester must notify the commissioner within ten
275	275	9.21days of leaving the employ of a third-party testing program.
276	276	9.22 Sec. 14. [171.82] DENIAL, CANCELLATION, OR SUSPENSION OF PROGRAM
277	277	9.23OR TESTER; APPEAL.
278	278	9.24 Subdivision 1.Denial.The commissioner may deny an application for a third-party
279	279	9.25testing program or tester certificate if the applicant does not qualify for approval or
280	280	9.26certification under sections 171.70 to 171.81. A misstatement or misrepresentation on the
281	281	9.27application is grounds for denying a letter of approval or tester certificate.
282	282	9.28 Subd. 2.Cancellation or suspension.The commissioner may cancel the approval of a
283	283	9.29third-party testing program or third-party tester or may suspend a program or tester for:
284	284	9.30 (1) failure to comply with or satisfy any provision of sections 171.70 to 171.81;
285	285	9Sec. 14.
286	286	25-02029 as introduced01/15/25 REVISOR KRB/ES 10.1 (2) falsification of any records or information relating to the third-party testing program;
287	287	10.2 (3) performance in a manner that compromises the integrity of the third-party testing
288	288	10.3program. The commissioner must use the same standards of integrity for state-employed
289	289	10.4testers and third-party testers; or
290	290	10.5 (4) the withdrawal of a third-party tester's driving privileges.
291	291	10.6 Subd. 3.Commissioner's discretion.(a) The existence of grounds for cancellation or
292	292	10.7suspension under subdivision 2 is determined at the sole discretion of the commissioner. If
293	293	10.8the commissioner determines that grounds for cancellation or suspension exist for failure
294	294	10.9to comply with or satisfy any requirement in sections 171.70 to 171.81, the commissioner
295	295	10.10may immediately cancel or suspend the third-party testing program or third-party tester
296	296	10.11from administering any further tests.
297	297	10.12 (b) When an application to be a third-party testing program or third-party tester is denied,
298	298	10.13or when an individual program approval or a tester's certificate is canceled, notice must be
299	299	10.14mailed to the subject indicating the reasons for the denial or cancellation and that the
300	300	10.15third-party testing program or third-party tester may appeal the decision as provided in
301	301	10.16subdivision 5.
302	302	10.17 Subd. 4.Correction order.If an audit by the commissioner identifies a situation that
303	303	10.18needs correction but does not merit suspension or cancellation, the commissioner may issue
304	304	10.19a correction order to a third-party tester or program within 30 days to correct a deficiency
305	305	10.20before the program or tester becomes subject to suspension or cancellation. The notice must
306	306	10.21include the basis for requiring the correction. The notice must notify the individual of the
307	307	10.22ability to appeal the correction order as provided in subdivision 5. The third-party testing
308	308	10.23program or third-party tester is allowed 30 days to correct the deficiency without having to
309	309	10.24reapply.
310	310	10.25 Subd. 5.Notice of denial or cancellation; request for reconsideration and hearing.(a)
311	311	10.26Within 20 calendar days of receiving a notice of cancellation or denial issued pursuant to
312	312	10.27subdivision 3 or a correction order issued pursuant to subdivision 4, the third-party testing
313	313	10.28program or third-party tester may submit a request for reconsideration in writing to the
314	314	10.29commissioner. The commissioner must review the request for reconsideration and issue a
315	315	10.30decision within 30 days of receipt of the request. Upon receipt of the commissioner's decision,
316	316	10.31the affected party may initiate a contested case proceeding under chapter 14.
317	317	10.32 (b) As an alternative to the process in paragraph (a), the affected party may initiate a
318	318	10.33contested case proceeding within 20 calendar days of receiving a notice of cancellation or
319	319	10Sec. 14.
320	320	25-02029 as introduced01/15/25 REVISOR KRB/ES 11.1denial issued pursuant to subdivision 3 or a correction order issued pursuant to subdivision
321	321	11.24.
322	322	11.3 (c) If a correction order issued pursuant to subdivision 4 is contested as provided in
323	323	11.4paragraph (a) or (b), the commissioner must not enforce the correction order until a final
324	324	11.5decision has been made following the contested case proceeding.
325	325	11.6 Sec. 15. IMPLEMENTATION.
326	326	11.7 The commissioner of public safety must implement the requirements of this act with
327	327	11.8existing resources. The commissioner must not hire additional staff to implement the
328	328	11.9requirements of this act or to conduct audits as required by Minnesota Statutes, section
329	329	11.10171.78.
330	330	11.11Sec. 16. EFFECTIVE DATE.
331	331	11.12 Sections 2 to 15 are effective August 1, 2025.
332	332	11Sec. 16.
333	333	25-02029 as introduced01/15/25 REVISOR KRB/ES