Can i wear a hat in my drivers license photo

• 2021 Minnesota Statutes
• TRANSPORTATION
• Chapter 171
• Section 171.071

171.071 PHOTOGRAPH ON LICENSE OR IDENTIFICATION CARD.

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Subdivision 1.Religious objection.

Notwithstanding the provisions of section 171.07, the commissioner of public safety may adopt rules to permit identification on a driver's license or Minnesota identification card in lieu of a photograph or electronically produced image where the commissioner finds that the licensee has religious objections to the use of a photograph or electronically produced image.

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Subd. 2.Certain head wear permitted.

If an accident involving a head injury, serious illness, or treatment of the illness has resulted in hair loss by an applicant for a driver's license or identification card, the commissioner shall permit the applicant to wear a hat or similar head wear in the photograph or electronically produced image. The hat or head wear must be of an appropriate size and type to allow identification of the holder of the license or card and must not obscure the holder's face.

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Subd. 3.Limitations.

Subdivision 1 applies only to a noncompliant license or identification card. Subdivisions 1 and 2 do not apply to the commissioner's requirements pertaining to a photograph or electronically produced image on an enhanced driver's license or an enhanced identification card.

[See Note.]

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Subd. 4.Variance for homebound individuals.

(a) Notwithstanding section 171.07 or Minnesota Rules, part 7410.1810, the commissioner may grant a variance from the photograph requirements for a noncompliant identification card if: (1) the individual is homebound as defined in paragraph (b); (2) the individual has submitted proof of homebound status; and (3) the department has a photograph of the applicant on file that was taken within the last four years or during the most recent renewal cycle or the applicant has submitted a photograph to the department that meets the requirements of section 171.07, Minnesota Rules, part 7410.1810, subpart 1, and other technical requirements established by the commissioner, such as background color and electronic file size, to ensure the image can be used on a credential and conforms with images taken by the department. Applicants granted a photograph variance under this subdivision are not required to appear in person to have a new photograph taken.

(b) For purposes of this subdivision, "homebound" means the individual is unable to leave the individual's residence due to a medical, physical, or mental health condition or infirmity as documented in writing by a physician, case worker, or social worker.

NOTE: (a) The amendment to subdivision 3 by Laws 2017, chapter 76, section 17, was effective May 19, 2017, and applies to driver's licenses and Minnesota identification cards applied for and issued on or after October 1, 2018. Laws 2017, chapter 76, section 29.

(b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, the amendment to subdivision 3 by Laws 2017, chapter 76, section 17, is repealed on June 30 of the following year. Laws 2017, chapter 76, section 27.

Official Publication of the State of Minnesota
Revisor of Statutes

Oklahoma drivers now may wear their favorite hats while posing for a driver's license photo.

A head-covering rule was altered recently after discussions between state Public Safety Commissioner Bob Ricks and a national Islamic group.

The Council on American-Islamic Relations said Muslim women in Oklahoma were being told they could not wear scarves when getting a driver's license.

Ricks requested information from other states regarding their policies before changing the rule.

"We found out (other states) were overwhelmingly in favor of allowing head coverings," he said. "The real question was to ensure that head coverings would not restrict too much in making a positive identification."

Ricks said the state attorney general's office advised him the ban on head coverings likely could not be constitutionally defended in court.

He said the letter compelled him to modify the policy, which is followed by the state's 280 tag agencies.

A head covering is permitted in license photos if it does not:

Obscure or obstruct a full frontal view of the face.

Display any logo, symbol or wording.

Cast a shadow onto the face.

The language does not single out any religion, although Muslim women now may wear the hijab an official head scarf required by Islam when having their picture taken.

The Public Safety Department came under attack earlier this year for not allowing the scarf in photos.

Lonnie Jarman, director of driver's licenses services for the state, said as long as the camera operator at the agency has a clear view of the person's face, the driver can wear a head covering.

"Before this, no one was allowed to have headwear," he said. "Now it doesn't matter whether it's a head scarf or baseball cap, as long as there is no logo."

Jarman said the most common question tag agencies have asked is whether baseball caps may be worn backward for the photo. As long as there isn't a logo on the backside of the cap, it can remain on the driver's head as the license picture is taken, he said.

The policy went into effect last week.

Oklahoma resident Mujeeb Cheema, a board member for the Council on American- Islamic Relations, said he is glad Muslim women will not have to violate their religious beliefs when getting a license.

"We hope that other states and government agencies will follow suit," Cheema said.

Archive ID: 1200004

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