Subpart 1.
Temporary driver's
license.
Notice of revocation served by a court or by a peace officer
is valid as a temporary driver's license for the same class and with the same
restrictions, limitations, and certifications of the original driver's license.
Notice of revocation does not serve as a temporary driver's license if the
person does not have a valid driver's license or driving privilege when the
notice of revocation is served.
If the notice of revocation and temporary driver's license is
issued by a court, the temporary driver's license period expires on the final
day on which an appeal of the conviction can be taken from the court. If the
notice of revocation and temporary driver's license is issued by a peace
officer, the temporary driver's license expires on the seventh day after notice
was served.
Subp. 2.
Notice served by court.
Notice of license revocation is served by the court when a
person is convicted of violating current or former Minnesota Statutes, section
169.121
or
169A.20.
The commissioner shall provide a format to the court for serving the notice of
revocation and issuing a temporary license. A completed notice must contain the
information specified in this subpart and other information provided by the
commissioner that the commissioner considers appropriate:
A. the person's full name, date of birth,
driver's license number, height and weight, and current residential address
including street number, city, state, and zip code;
B. the date notice is served and the
revocation is effective;
C. the
date of the incident upon which the conviction is based;
D. the traffic citation number and court file
number;
E. the minimum length of
the revocation period;
F. a
statement advising the person that all driving privileges are revoked upon
expiration of the temporary license period and the expiration date of any
temporary license;
G. a statement
indicating that no temporary driver's license was issued if the person did not
have valid driving privileges at the time of the incident; and
H. the signature of the judge issuing the
revocation notice.
Subp.
3.
Notice served by peace officer.
Notice of license revocation is served by a peace officer
when a person is subject to revocation under current or former Minnesota
Statutes, section
169.123
or
169A.52.
A. The commissioner shall provide the peace
officer with the notice of revocation and temporary license.
B. A completed revocation notice must
contain:
(1) the person's full name, date of
birth, driver's license number, height and weight, and residential address on
the driver's record including street number, city and state, and zip
code;
(2) the date that notice is
served and when the revocation is effective;
(3) the date of the incident;
(4) the traffic case number;
(5) the name and agency name of the peace
officer serving the notice;
(6) the
reason for the revocation;
(7) the
length of the revocation period;
(8) a statement advising the person that all
driving privileges are revoked in seven calendar days or specifying the date
any temporary license expires;
(9)
a statement indicating that no temporary license was issued, if the person did
not have valid driving privileges at the time of the incident;
(10) a statement informing the person that
the person has a right to:
(a) an
administrative review under part
7409.4600, subparts
1 to
4, and Minnesota Statutes,
section
169A.53,
subdivision 1; and
(b) a judicial
review of the revocation order under Minnesota Statutes, section
169A.53,
subdivision 2;
(11)
information explaining that:
(a) an
administrative review of the revocation order may be obtained by submitting a
written request for an administrative review to the commissioner in accordance
with part
7409.4600, subparts
1 to
4, and Minnesota Statutes,
section
169A.53,
subdivision 1; and
(b) a judicial
review may be obtained by filing a petition for a judicial review within 30
days of receipt of the notice of revocation and otherwise in accordance with
Minnesota Statutes, section
169A.53,
subdivision 2; and
(12)
a statement informing the person that failing to petition for a judicial review
in compliance with Minnesota Statutes, section
169A.53,
subdivision 2, forfeits the person's right to judicial review of a revocation
order under that section.
Subp. 4.
Notice served by
commissioner.
Notice of license revocation must be served by the
commissioner when a person is subject to revocation under Minnesota Statutes,
section
169A.52,
and valid notice is not served by a peace officer; when a person is convicted
of violating current or former Minnesota Statutes, section
169.121
or
169A.20,
and notice is not served by a court; when an additional revocation period is
imposed under current or former Minnesota Statutes, section
169.121,
subdivision 4, or 169A.54, in the case of a personal injury or fatality; or
when requirements imposed from a previous revocation have not been
satisfied.
A. The commissioner shall
establish the format for serving the notice of revocation.
B. A completed notice must contain the
information specified in this item and may contain other information provided
by the commissioner that the commissioner considers appropriate:
(1) the person's full name, date of birth,
driver's license number, and current residential address obtained from the
person's driver's license record, including the street number, city and state,
and zip code;
(2) the date the
notice of revocation is issued;
(3)
the effective date of the revocation order;
(4) the reason for the revocation;
(5) the minimum length of the revocation
period;
(6) license reinstatement
requirements;
(7) if the person is
subject to revocation under Minnesota Statutes, section
169A.52,
a statement informing the person that the person has a right to an
administrative review under part
7409.4600, subparts
1 to
4, and Minnesota Statutes,
section
169A.53,
subdivision 1, and to a judicial review of the revocation order under Minnesota
Statutes, section
169A.53;
(8) if the person is subject to revocation
under Minnesota Statutes, section
169A.52,
information explaining:
(a) that an
administrative review of the revocation order issued under Minnesota Statutes,
section
169A.52,
may be obtained by submitting a written request for an administrative review in
accordance with part
7409.4600, subparts
1 to
4, and Minnesota Statutes,
section
169A.53,
subdivision 1; and
(b) that
judicial review may be obtained by petitioning for judicial review within 30
days after receiving notice of revocation and otherwise in accordance with
Minnesota Statutes, section
169A.53;
(9) if the person is subject to
revocation under Minnesota Statutes, section
169A.52,
a statement informing the person that failing to petition for a judicial review
in compliance with Minnesota Statutes, section
169A.53,
subdivision 2, forfeits the person's right to a judicial review of a revocation
order under that section.
Subp. 5.
Notice of revocation to other
states.
If the driving privilege of a nonresident is revoked under
Minnesota Statutes, section
169A.52,
169A.54,
or
609.21,
the commissioner, pursuant to Minnesota Statutes, sections
169A.52,
subdivision 8, and 171.15, subdivision 1, shall forward a report of the
revocation to the licensing authority of the nonresident's home state and to
any other state in which the commissioner knows the person to hold a
license.
