Minnesota:
Minnesota law permits the state DOT to mask parking violations committed by CMV operators.
171.163 COMMERCIAL DRIVER'S LICENSE RECORD KEEPING.
An agency, court, or public official in Minnesota shall not mask, defer imposition of judgment for, or allow an individual to enter into a diversion program that would prevent a conviction for a violation of a state or local traffic control law, except a parking violation, from appearing on the driving record of a holder of a commercial driver's license, when the violation is committed in any type of motor vehicle, or on the driving record of an individual who committed the violation in a commercial motor vehicle.
Under MN GDL law, parking is not a “moving violation,"
171.04 PERSONS NOT ELIGIBLE FOR DRIVERS' LICENSES.
Subdivision 1. Persons not eligible. 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…not more than one conviction for a moving violation that is not crash related. "Moving violation" means a violation of a traffic regulation but does not include a parking violation, vehicle equipment violation, or warning citation;
Parking violations are not reported to the MN DOT:
171.16 COURT MAY RECOMMEND SUSPENSION.
Subdivision 1. Court to report to commissioner. Every court having jurisdiction over offenses committed under any law of this state or ordinance of a political subdivision regulating the operation of motor vehicles, shall forward to the department, within ten days, a record of the conviction of any person in the court for a violation of any laws or ordinances, except parking violations and defective vehicle equipment or vehicle size or weight violations.
Illinois:
Demerit points are not assessed to parking violations and are not considered a moving violation. Parking violations do not appear on the driving record.
Iowa:
Parking violations are not countable offenses for demerit points. Improper parking on highway is not considered a moving violation (321.354(2)).
Factual data and analytical methodologies
This rule is proposed simply to bring DOT's administrative rule into compliance with statutory requirements. The analytical methodology consisted of reviewing the statutes described and DOT's current administrative rule, noting the inconsistency, and drafting the rule to conform to statutory requirements.
Analysis and supporting documentation used to determine effect on small businesses
This rule regulates individual behavior, not small businesses, and is proposed in order to bring DOT's existing regulations into conformity with existing statutes. Accordingly, there was no analysis or supporting documentation used. Staff simply noted that this proposal affects individual drivers and not businesses.
Anticipated costs incurred by private sector
The Department expects that there will be no fiscal impact on state or private sector revenues or liabilities.
Small Business Impact
The demerit point rule affects individual drivers and does not create or impose any regulation upon business.
Small business regulatory review coordinator
The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@wisconsin.gov, or by calling (414) 438-4585.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
Agency Contact Person
Reed McGinn
DOT —Division of Motor Vehicles
Citations and Withdrawal Section
Room 305, P. O. Box 7917
Madison, WI 53707-7917
