Ask a Trooper

By Andy Schmidt | The Daily Journal

Published Saturday, October 11, 2008

Question: Would you please write the article about 16- and 17-year-olds having a license only because mom and dad say they can? We are sure we read that in one of your articles some time ago but seem to have lost it. We have another teenager about to enter driver's education.

Answer: For dear old mom and dad (we parents have to stick together) let’s go to the statutes for the facts. Now I will not quote the entire statute here as it can be somewhat lengthy so I will cover only that relating to your question.

Statute 171.04 covers persons not eligible for driver's licenses.

Subdivision 1 states the department shall not issue a driver's license:

(1) to any person under 18 years unless: (i) the applicant is 16 or 17 years of age and has a previously issued valid license from another state or country or the applicant has, for the 12 consecutive months preceding application, held a provisional license and during that time has incurred (A) no conviction for a violation for DWI, open bottle, zero tolerance, test refusal, (B) no conviction for a crash-related moving violation, and (C) not more than one conviction for a moving violation that is not crash related. (ii) the application for a license is approved by (A) either parent when both reside in the same household as the minor applicant or, if otherwise, then (B) the parent or spouse of the parent having custody or, in the event there is no court order for custody, then (C) the parent or spouse of the parent with whom the minor is living.

Now first your son will have to obtain a permit and then a provisional driver's license. Statute 171.055 covers the provisional D/L and in part that states: Sb 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) has reached the age of 16 years; (2) during the six months immediately preceding the application for the provisional license has possessed an instruction permit and has incurred (i) no convictions DWI, open bottle, zero tolerance, test refusal, (ii) no convictions for a crash-related moving violation, and (iii) no convictions for a moving violation that is not crash related; (3) has successfully completed a course of driver education in accordance with department rules; (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.

So if the child is under age 18 then mom and/or dad must give permission for the teen to have a D/L. And the truth is the state does not care why mom/dad does or does not give the permission.

So if mom or dad do not like the teen's school grades, hair cut, room mess, lack of help with household chores or style of clothing and therefore inform the state that they (parent/guardian) of such child no longer wish to give permission for said child to have a D/L, then the state will cancel the D/L. Children, welcome to the real world.

Parents show this to your teenagers and then look at them real good. Allow me to introduce to you the bed-makingest, house-cleaningest, dish-washingest kids you've ever met.

Seriously, just because they got their license doesn't it is time to turn them loose. Now is the time to set "reasonable" rules and stick to them. Stick to them no matter how inconvenient to you it becomes. In the long run your son or daughter will be a more responsible and therefore better driver.

Here are some simple tasks to help you avoid being in a crash: turn on your lights; drive sober; stop talking on the cell phone; slow down; and because not every driver out there is as careful as you, buckle up.

If you have any questions concerning traffic related laws in Minnesota send your questions to Trp. Andy Schmidt, Minnesota State Patrol at 1000 Highway 10 West, Detroit Lakes, MN 56501-2205. Or reach me at, andrew.schmidt@state.mn.us.