1.1 A bill for an act
1.2 relating to motor vehicles; authorizing driver's license agents to conduct
1.3 behind-the-wheel road tests for class D drivers' licenses; specifying requirements
1.4 and criteria; requiring audits; allowing appeals of decisions made by the
1.5 commissioner of public safety; amending Minnesota Statutes 2024, section 171.13,
1.6 subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 171.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 171.13, subdivision 1, is amended to read:
1.9 Subdivision 1.Examination subjects and locations; provisions for color blindness,
1.10disabled veterans.(a) Except as otherwise provided in this section, each applicant for a
1.11driver's license must pass the examination required by this section before being issued a
1.12driver's license. Except as otherwise provided in this section by sections 171.70 to 171.82,
1.13the commissioner must examine each applicant for a driver's license by such agency as the
1.14commissioner directs conduct the examination. This examination must include:
1.15 (1) a test of the applicant's eyesight, provided that this requirement is met by submission
1.16of a vision examination certificate under section 171.06, subdivision 7;
1.17 (2) a test of the applicant's ability to read and understand highway signs regulating,
1.18warning, and directing traffic;
1.19 (3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and
1.20drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
1.21penalties and financial consequences resulting from violations of laws prohibiting the
1.22operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
1.23grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
1Section 1.
25-02669 as introduced01/23/25 REVISOR KRB/DG
SENATE
STATE OF MINNESOTA
S.F. No. 2271NINETY-FOURTH SESSION
(SENATE AUTHORS: LUCERO)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/06/2025
Referred to Transportation 2.1transportation safety, including the significance of school bus lights, signals, stop arm, and
2.2passing a school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and
2.3dangers of carbon monoxide poisoning;
2.4 (4) an actual demonstration of ability to exercise ordinary and reasonable control in the
2.5operation of a motor vehicle; and
2.6 (5) other physical and mental examinations as the commissioner finds necessary to
2.7determine the applicant's fitness to operate a motor vehicle safely upon the highways.
2.8 (b) Notwithstanding paragraph (a), the commissioner must not deny an application for
2.9a driver's license based on the exclusive grounds that the applicant's eyesight is deficient in
2.10color perception or that the applicant has been diagnosed with diabetes mellitus. War veterans
2.11operating motor vehicles especially equipped for disabled persons, if otherwise entitled to
2.12a license, must be granted such license.
2.13 (c) The commissioner must ensure that an applicant may take an exam either in the
2.14county where the applicant resides or in an adjacent county at a reasonably convenient
2.15location. The schedule for each exam station must be posted on the department's website.
2.16 (d) The commissioner shall must ensure that an applicant is able to obtain an appointment
2.17for an examination to demonstrate ability under paragraph (a), clause (4), within 14 days
2.18of the applicant's request if, under the applicable statutes and rules of the commissioner,
2.19the applicant is eligible to take the examination.
2.20 (e) The commissioner must provide real-time information on the department's website
2.21about the availability and location of exam appointments. The website must show offered
2.22by the department and include the next available exam dates and times for each exam station.
2.23The website must also provide an option for a person to enter an address to see the date and
2.24time of the next available exam at each exam station sorted by distance from the address
2.25provided.
2.26 Sec. 2. [171.70] DEFINITIONS.
2.27 (a) For purposes of sections 171.70 to 171.82, the following terms have the meanings
2.28given.
2.29 (b) "Applicant" means a driver's license agent or full-service provider as defined under
2.30section 168.002, subdivision 12a, applying for approval to be a deputy testing program.
2.31 (c) "Letter of approval" means the document issued by the commissioner to the deputy
2.32testing program authorizing the program to administer road tests for class D drivers' licenses.
2Sec. 2.
25-02669 as introduced01/23/25 REVISOR KRB/DG 3.1 (d) "Road test" means the actual physical demonstration of the ability to exercise ordinary
3.2and reasonable control in the operation of a motor vehicle as required by section 171.13,
3.3subdivision 1, paragraph (a), clause (4).
3.4 (e) "Deputy tester" means an individual who is an employee of a deputy testing program
3.5who has qualified for a deputy tester certificate issued by the commissioner, granting the
3.6individual authorization to conduct road tests for class D drivers' licenses.
3.7 (f) "Deputy tester certificate" means a certificate issued by the commissioner to the
3.8deputy tester authorizing the deputy tester to administer road tests for class D drivers' licenses
3.9on behalf of a specified deputy testing program.
3.10 (g) "Deputy testing program" means a driver's license agent or full-service provider
3.11authorized by the commissioner to administer the road test for a class D driver's license to
3.12an individual.
3.13 Sec. 3. [171.71] DEPUTY TESTER; AUTHORIZATION.
3.14 The commissioner must allow a deputy tester that complies with the requirements of
3.15sections 171.70 to 171.82 to conduct road tests for individuals applying for class D drivers'
3.16licenses.
3.17 Sec. 4. [171.72] PROGRAM APPLICATION; APPROVAL.
3.18 Subdivision 1.Application.An applicant seeking authorization to administer road tests
3.19for class D drivers' licenses must apply to the commissioner for approval. The applicant
3.20must submit the application to the commissioner and provide the information required in
3.21subdivision 2. A deputy testing program or deputy tester employed by the program must
3.22not conduct road tests until the program is approved by the commissioner.
3.23 Subd. 2.Application contents.To apply for approval as a deputy testing program, an
3.24applicant must complete an application containing the following information:
3.25 (1) applicant name and contact information;
3.26 (2) name of the authorized person responsible for the program and application and the
3.27person's title and telephone number;
3.28 (3) a map, drawing, or written description of the test route to be used for road tests;
3.29 (4) the name, birth date, home address, and driver's license number of all individuals
3.30the applicant intends to employ as a certified deputy tester;
3Sec. 4.
25-02669 as introduced01/23/25 REVISOR KRB/DG 4.1 (5) an attestation that the applicant carries the required insurance, as described in chapter
4.265B, for all vehicles used for testing; and
4.3 (6) an attestation by the authorized person that the information is true and accurate.
4.4 Subd. 3.Employment of certified tester.The applicant must employ one or more
4.5certified deputy testers who meet the qualifications in section 171.75.
4.6 Subd. 4.Evaluation.The commissioner must evaluate the application submitted by the
4.7deputy testing program applicant. If the application is satisfactory, the commissioner must
4.8approve the application.
4.9 Subd. 5.Limitation.The commissioner is prohibited from imposing any criteria or
4.10requirements that are not specified by this section.
4.11 Subd. 6.Commissioner's letter of approval.Upon approval of an application submitted
4.12under this section, the commissioner must issue a letter of approval to designate a deputy
4.13testing program. The letter of approval constitutes an agreement between the state and the
4.14deputy testing program administering road tests for class D drivers' licenses. A letter of
4.15approval issued under this section is not transferable.
4.16 Sec. 5. [171.73] INDEMNIFICATION.
4.17 An applicant under section 171.72 must agree to indemnify and hold harmless the state
4.18and all state officers, employees, and agents of the state from and against all claims, losses,
4.19damages, costs, and other proceedings made, sustained, brought, or prosecuted in any manner
4.20based on or occasioned by or attributive to any injury, infringement, or damage rising from
4.21any act or omission of the deputy testing program or the program's employees in the
4.22performance of testing duties.
4.23 Sec. 6. [171.74] USE OF CERTIFIED DEPUTY TESTERS.
4.24 The deputy testing program must allow only individuals who have been certified by the
4.25commissioner as deputy testers under sections 171.75 and 171.76 to administer road tests.
4.26The program must maintain on file in the program's administrative office a copy of the valid
4.27certificate of each deputy tester employed by the program.
4.28 Sec. 7. [171.75] DEPUTY TESTER QUALIFICATIONS.
4.29 Subdivision 1.Generally.An individual seeking certification as a deputy tester must
4.30apply to the commissioner for approval. An individual seeking certification must submit
4.31an application to the commissioner and meet the requirements specified in subdivision 2.
4Sec. 7.
25-02669 as introduced01/23/25 REVISOR KRB/DG 5.1 Subd. 2.Requirements.To be certified as a deputy tester, the individual must:
5.2 (1) possess a valid driver's license;
5.3 (2) be 21 years of age or older;
5.4 (3) be a licensed driver in a state of the United States for the past three years;
5.5 (4) before the date of application, have maintained continuous valid driving privileges
5.6for the past year;
5.7 (5) successfully pass a prequalifying tester examination;
5.8 (6) be an employee of a deputy testing program;
5.9 (7) successfully complete the test administration training required of state-employed
5.10examiners; and
5.11 (8) have the class of driver's license and endorsements to operate the types of vehicles
5.12for which the road tests are administered.
5.13The examination and training required by clauses (5) and (7) must be identical for
5.14state-employed examiners and deputy testers.
5.15 Subd. 3.Employment; state employee prohibition.A certified deputy tester must have
5.16a certificate for each deputy testing program that employs the tester. The tester must reapply
5.17and be approved for a new certificate to conduct tests on behalf of a new deputy testing
5.18program. The tester may be simultaneously employed by more than one program. A certified
5.19deputy tester must not be an employee of the department.
5.20 Subd. 4.Maintaining certification.To maintain certification as a deputy tester, an
5.21individual must:
5.22 (1) conduct at least 12 road tests annually from the date of initial issuance of a deputy
5.23tester certificate;
5.24 (2) be evaluated at least annually on the administration of tests and record keeping;
5.25 (3) attend annual in-service training, workshops, or seminars provided by the
5.26commissioner, provided that the requirements are the same as testers employed by the
5.27department;
5.28 (4) submit monthly testing reports in a format specified by the commissioner; and
5.29 (5) account for all records of examinations issued by the commissioner to a deputy tester
5.30and submit the record of examination immediately to the commissioner after completing a
5.31road test.
5Sec. 7.
25-02669 as introduced01/23/25 REVISOR KRB/DG 6.1 Subd. 5.Limitation.The commissioner is prohibited from imposing any criteria or
6.2requirements on deputy testing programs or deputy testers that are not specified by this
6.3section.
6.4 Sec. 8. [171.76] CERTIFICATES AND LETTER OF APPROVAL.
6.5 Subdivision 1.Tester certificates.Upon approval of an application submitted under
6.6section 171.75, the commissioner must issue a certificate to each approved deputy tester of
6.7a deputy testing program. The deputy testing program must keep a copy of the certificate
6.8of each deputy tester employed by the program on file in the office of the program. A deputy
6.9tester's certificate is effective on the date of issuance by the commissioner and expires four
6.10years after issuance. A deputy tester may not conduct road tests without a valid deputy tester
6.11certificate. A certificate issued to a deputy tester is not transferable.
6.12 Subd. 2.Certificate renewal time frame.A deputy tester must submit an application
6.13for renewal of the tester's certificate to the commissioner no less than 30 days before the
6.14previously issued certificate expires.
6.15 Sec. 9. [171.77] TEST PROOF.
6.16 The deputy testing program must provide a record of examination, on a form obtained
6.17from or approved by the commissioner, to an individual who has passed a road test for a
6.18class D driver's license. The record of examination, which must be presented at the time of
6.19application for a class D driver's license, must specify that the individual has passed the
6.20required test or tests administered by the deputy testing program.
6.21 Sec. 10. [171.78] AUDITS.
6.22 Subdivision 1.Random examinations; inspections; audits.A deputy testing program
6.23approved by the commissioner must allow representatives of the commissioner, on behalf
6.24of the state, to conduct random examinations, inspections, and audits of the testing operation
6.25without prior notice.
6.26 Subd. 2.On-site inspections.A deputy testing program must permit on-site inspections
6.27by agents of the commissioner as necessary to determine compliance with sections 171.70
6.28to 171.82.
6.29 Subd. 3.Examination of test administration.On at least an annual basis, agents of the
6.30commissioner who are state employees must be permitted to:
6Sec. 10.
25-02669 as introduced01/23/25 REVISOR KRB/DG 7.1 (1) take the tests actually administered by the deputy testing program as if the state
7.2employees were test applicants;
7.3 (2) test a sample of drivers who were examined by the deputy testing program to compare
7.4passing and failing results; or
7.5 (3) conduct a road test simultaneously with the deputy tester to compare test results.
7.6 Subd. 4.Notice of test schedule.Upon request, and no less than 48 hours in advance,
7.7the deputy testing program must provide the commissioner with the scheduled times and
7.8dates that skill tests and road tests are to be given.
7.9 Sec. 11. [171.79] TEST ADMINISTRATION.
7.10 Subdivision 1.Generally.Road tests conducted by a deputy tester must meet the
7.11requirements in Minnesota Rules, parts 7410.4800 to 7410.5380. The commissioner is
7.12prohibited from imposing additional test administration criteria or requirements on deputy
7.13testers.
7.14 Subd. 2.Deputy tester restrictions.A deputy tester must not:
7.15 (1) delegate any portion of testing to another individual;
7.16 (2) be the spouse, fiancé, grandparent, parent, child, sibling, or legal guardian, including
7.17adoptive, half-, step-, and in-law relationships, of the person taking the test;
7.18 (3) test anyone with a physical disability who may need an individualized restriction
7.19added to the person's driver's license; or
7.20 (4) test anyone who has not completed all required coursework and training before
7.21administering a road test.
7.22 Sec. 12. [171.80] RECORD KEEPING; REPORTING REQUIREMENTS.
7.23 Subdivision 1.Records of administered tests.An approved deputy testing program
7.24must maintain, at the program's administrative office for a minimum of three years, the
7.25tester's copy of the record of examination of any driver for whom the deputy testing program
7.26conducts a test, whether or not the driver passes or fails the test. Each record of examination
7.27must include the:
7.28 (1) full name of the driver;
7.29 (2) date the driver took the test; and
7.30 (3) name and certificate number of the deputy tester conducting the test.
7Sec. 12.
25-02669 as introduced01/23/25 REVISOR KRB/DG 8.1 Subd. 2.Records of deputy testers.The deputy testing program must maintain, at the
8.2program's administrative office, a record of each deputy tester in the employ of the deputy
8.3testing program at that location. Each record must include:
8.4 (1) a valid and complete tester certificate indicating the deputy tester has met all
8.5qualifications;
8.6 (2) a copy of the deputy tester's current driving record, which must be updated annually;
8.7and
8.8 (3) evidence that the deputy tester is an employee of the deputy testing program.
8.9 Subd. 3.Record retention.The deputy testing program must retain all deputy tester
8.10records for three years after a deputy tester leaves the employ of the deputy testing program.
8.11 Subd. 4.Reporting requirements.The deputy testing program must report the number
8.12of road tests administered annually by all deputy testers employed by the program. The
8.13report must be in writing or in an electronic format approved by the commissioner and must
8.14be received by the commissioner within 45 days of the end of each calendar year.
8.15 Subd. 5.Data Practices Act.All deputy testing programs and deputy testers are subject
8.16to section 13.05, subdivision 11.
8.17 Sec. 13. [171.81] NOTIFICATION REQUIREMENTS.
8.18 Subdivision 1.Generally.The deputy testing program must ensure that the commissioner
8.19is notified in writing or electronically:
8.20 (1) ten days before a deputy tester leaves the employ of the deputy testing program;
8.21 (2) within ten days of a change in a deputy tester's driving status;
8.22 (3) within ten days of the deputy testing program ceasing operations in Minnesota; or
8.23 (4) within ten days of a deputy tester:
8.24 (i) receiving notice from any state that the tester's driving privileges have been withdrawn;
8.25or
8.26 (ii) failing to comply with the deputy testing program or deputy tester requirements in
8.27sections 171.70 to 171.82.
8.28 Subd. 2.Test route change.Before changing a test route, a deputy testing program must
8.29submit a written request and obtain written approval from the commissioner for any proposed
8.30change in the road test route. The request may be submitted by facsimile or email.
8Sec. 13.
25-02669 as introduced01/23/25 REVISOR KRB/DG 9.1 Subd. 3.Tester change.A deputy tester must notify the commissioner within ten days
9.2of leaving the employ of a deputy testing program.
9.3 Sec. 14. [171.82] DENIAL, CANCELLATION, OR SUSPENSION OF PROGRAM
9.4OR TESTER; APPEAL.
9.5 Subdivision 1.Denial.The commissioner may deny an application for a deputy testing
9.6program or tester certificate if the applicant does not qualify for approval or certification
9.7under sections 171.70 to 171.81. A misstatement or misrepresentation on the application is
9.8grounds for denying a letter of approval or tester certificate.
9.9 Subd. 2.Cancellation or suspension.The commissioner may cancel the approval of a
9.10deputy testing program or deputy tester or may suspend a program or tester for:
9.11 (1) failure to comply with or satisfy any provision of sections 171.70 to 171.81;
9.12 (2) falsification of any records or information relating to the deputy testing program;
9.13 (3) performance in a manner that compromises the integrity of the deputy testing program.
9.14The commissioner must use the same standards of integrity for state-employed testers and
9.15deputy testers; or
9.16 (4) the withdrawal of a deputy tester's driving privileges.
9.17 Subd. 3.Commissioner's discretion.(a) The existence of grounds for cancellation or
9.18suspension under subdivision 2 is determined at the sole discretion of the commissioner. If
9.19the commissioner determines that grounds for cancellation or suspension exist for failure
9.20to comply with or satisfy any requirement in sections 171.70 to 171.81, the commissioner
9.21may immediately cancel or suspend the deputy testing program or deputy tester from
9.22administering any further tests.
9.23 (b) When an application to be a deputy testing program or deputy tester is denied, or
9.24when an individual program approval or a tester's certificate is canceled, notice must be
9.25mailed to the subject indicating the reasons for the denial or cancellation and that the deputy
9.26testing program or deputy tester may appeal the decision as provided in subdivision 5.
9.27 Subd. 4.Correction order.If an audit by the commissioner identifies a situation that
9.28needs correction but does not merit suspension or cancellation, the commissioner may issue
9.29a correction order to a deputy tester or program within 30 days to correct a deficiency before
9.30the program or tester becomes subject to suspension or cancellation. The notice must include
9.31the basis for requiring the correction. The notice must notify the individual of the ability to
9Sec. 14.
25-02669 as introduced01/23/25 REVISOR KRB/DG 10.1appeal the correction order as provided in subdivision 5. The deputy testing program or
10.2deputy tester is allowed 30 days to correct the deficiency without having to reapply.
10.3 Subd. 5.Notice of denial or cancellation; request for reconsideration and hearing.(a)
10.4Within 20 calendar days of receiving a notice of cancellation or denial issued pursuant to
10.5subdivision 3 or a correction order issued pursuant to subdivision 4, the deputy testing
10.6program or deputy tester may submit a request for reconsideration in writing to the
10.7commissioner. The commissioner must review the request for reconsideration and issue a
10.8decision within 30 days of receipt of the request. Upon receipt of the commissioner's decision,
10.9the affected party may initiate a contested case proceeding under chapter 14.
10.10 (b) As an alternative to the process in paragraph (a), the affected party may initiate a
10.11contested case proceeding within 20 calendar days of receiving a notice of cancellation or
10.12denial issued pursuant to subdivision 3 or a correction order issued pursuant to subdivision
10.134.
10.14 (c) If a correction order issued pursuant to subdivision 4 is contested as provided in
10.15paragraph (a) or (b), the commissioner must not enforce the correction order until a final
10.16decision has been made following the contested case proceeding.
10.17Sec. 15. IMPLEMENTATION.
10.18 The commissioner of public safety must implement the requirements of this act with
10.19existing resources. The commissioner must not hire additional staff to implement the
10.20requirements of this act or to conduct audits as required by Minnesota Statutes, section
10.21171.78.
10.22Sec. 16. EFFECTIVE DATE.
10.23 This act is effective August 1, 2025.
10Sec. 16.
25-02669 as introduced01/23/25 REVISOR KRB/DG