Subd. 1. Requirements for provisional license.

1. (a) The department may issue a provisional license, which must be distinctive in appearance from a driver's license, to an applicant who:

   1. (1) has reached the age of 16 years;
   2. (2) during the six months immediately preceding the application for the provisional license has possessed an instruction permit and has incurred (i) no convictions for a violation of section 169.121, 169.1218, 169.122, or 169.123, (ii) no convictions for a crash-related moving violation, and (iii) no convictions for a moving violation that is not crash related;
   3. (3) has successfully completed a course of driver education in accordance with department rules;
   4. (4) completes the required application, which must be approved by (i) either parent when both reside in the same household as the minor applicant or, if otherwise, then (ii) the parent or spouse of the parent having custody or, in the event there is no court order for custody, then (iii) the parent or spouse of the parent with whom the minor is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or, in the event a person under the age of 18 has no living father, mother, or guardian, then (v) the applicant's employer; provided, that the approval required by this clause contains a verification of the age of the applicant and the identity of the parent, guardian, or employer;
   5. (5) presents certification by the person who approves the application under clause (4) stating that the applicant has driven a motor vehicle accompanied by and under the supervision of a licensed driver at least 21 years of age, for no less than 30 hours, at least ten of which were nighttime hours; and
   6. (6) pays the fee required in section 171.06, subdivision 2.
2. (b) For purposes of this section, "moving violation" has the meaning given it in section 171.04, subdivision 1.

Subd. 2. Use of provisional license.

1. (a) A provisional license holder may operate a motor vehicle only when every occupant under the age of 18 has a seat belt or child passenger restraint system properly fastened. A person who violates this paragraph is subject to a fine of $25. A peace officer may not issue a citation for a violation of this paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle for a moving violation as defined in section 171.04. The commissioner shall not record a violation of this paragraph on a person's driving record.
2. (b) If the holder of a provisional license during the period of provisional licensing incurs (1) a conviction for a violation of section 169.121, 169.1218, 169.122, or 169.123, (2) a conviction for a crash-related moving violation, or (3) more than one conviction for a moving violation that is not crash related, the person may not be issued a driver's license until 12 consecutive months have expired since the date of the conviction or until the person reaches the age of 18 years, whichever occurs first.