Bill Text: MN HF1283 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Recreational vehicle operating provisions and definitions modified, dual registration of motorcycles provided, nonresident off-road vehicle state trail pass required, watercraft titling requirements modified, and special vehicle use on roadways modified.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-03 - Committee report, to pass as amended and re-refer to Ways and Means [HF1283 Detail]
Download: Minnesota-2011-HF1283-Engrossed.html
1.2relating to natural resources; modifying operating provisions and definitions
1.3for certain recreational vehicles; providing for dual registration of certain
1.4motorcycles; requiring a nonresident off-road vehicle state trail pass; modifying
1.5requirements for titling watercraft; modifying special vehicle use on roadways;
1.6amending Minnesota Statutes 2010, sections 84.777, subdivision 2; 84.788,
1.7by adding a subdivision; 84.92, subdivisions 8, 9, 10; 84.9257; 86B.825,
1.8subdivision 3; 86B.830, subdivision 2; 86B.850, subdivision 1; 86B.885;
1.9168.002, subdivision 18; 168A.085; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8;
1.10239.791, by adding a subdivision; proposing coding for new law in Minnesota
1.11Statutes, chapter 84.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:
1.14 Subd. 2. Off-highway vehicle seasonal restrictions. (a)The commissioner shall
1.15prescribe seasons for off-highway vehicle use on state forest lands. Except for designated
1.16forest roads, a person must not operate an off-highway vehicle on state forest lands: (1)
1.17outside of the seasons prescribed under this paragraph; or (2) during the firearms deer
1.18hunting season in areas of the state where deer may be taken by rifle. This paragraph
1.19does not apply to a person in possession of a valid deer hunting license operating an
1.20off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
1.21 (b) The commissioner may designate and post winter trails on state forest lands
1.22for use by off-highway vehicles.
1.23 (c) For the purposes of this subdivision, "state forest lands" means forest lands under
1.24the authority of the commissioner as defined in section89.001 , subdivision 13, and lands
1.25managed by the commissioner under section282.011 .
2.1 Sec. 2. Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision
2.2to read:
2.3 Subd. 12. Dual registration. (a) An off-highway motorcycle registered under
2.4this section may also be registered as a motorcycle under chapter 168 for use on public
2.5roads and highways.
2.6(b) If the off-highway motorcycle was not originally constructed primarily for use
2.7on public roads and highways, the off-highway motorcycle must be equipped with mirrors
2.8and a headlight, taillight, and horn and be otherwise modified as necessary to meet the
2.9requirements of chapter 169, the safety standards of the National Traffic and Motor Safety
2.10Act, United States Code, title 15, sections 1381 through 1431, and the regulations adopted
2.11under that federal act, for motorcycles regarding safety and acceptability to operate on
2.12public roads and highways.
2.13(c) An applicant for registration under chapter 168 must submit a form, prescribed
2.14by the commissioner of public safety.
2.15(d) Chapter 168A does not apply to an off-highway motorcycle modified to meet the
2.16requirements of chapter 169 according to this subdivision.
2.17 Sec. 3. [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
2.18 Subdivision 1. Pass required; fee. (a) A nonresident may not operate an off-road
2.19vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
2.20nonresident off-road vehicle state trail pass sticker issued according to this section.
2.21The pass must be viewable by a peace officer, a conservation officer, or an employee
2.22designated under section84.0835 .
2.23(b) The fee for an annual pass is $20. The pass is valid from January 1 through
2.24December 31. The fee for a three-year pass is $30. The commissioner of natural resources
2.25shall issue a pass upon application and payment of the fee. Fees collected under this
2.26section, except for the issuing fee for licensing agents, shall be deposited in the state
2.27treasury and credited to the off-road vehicle account in the natural resources fund and,
2.28except for the electronic licensing system commission established by the commissioner
2.29under section84.027 , subdivision 15, must be used for grants-in-aid to counties and
2.30municipalities for off-road vehicle organizations to construct and maintain off-road
2.31vehicle trails and use areas.
2.32 (c) A nonresident off-road vehicle state trail pass is not required for:
2.33 (1) an off-road vehicle that is owned and used by the United States, another state,
2.34or a political subdivision thereof that is exempt from registration under section84.798 ,
2.35subdivision 2;
3.1 (2) a person operating an off-road vehicle only on the portion of a trail that is owned
3.2by the person or the person's spouse, child, or parent; or
3.3(3) a nonresident operating an off-road vehicle that is registered according to section
3.484.798 .
3.5 Subd. 2. License agents. The commissioner may appoint agents to issue and
3.6sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
3.7appointment of an agent at any time. The commissioner may adopt additional rules as
3.8provided in section97A.485, subdivision 11 . An agent shall observe all rules adopted
3.9by the commissioner for accounting and handling of passes pursuant to section97A.485,
3.10subdivision 11 . An agent shall promptly deposit and remit all money received from the
3.11sale of the passes, exclusive of the issuing fee, to the commissioner.
3.12 Subd. 3. Issuance of passes. The commissioner and agents shall issue and sell
3.13nonresident off-road vehicle state trail passes. The commissioner shall also make the
3.14passes available through the electronic licensing system established under section84.027 ,
3.15subdivision 15.
3.16 Subd. 4. Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass
3.17shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
3.18passes issued by the commissioner shall be deposited in the off-road vehicle account in the
3.19natural resources fund and retained for the operation of the electronic licensing system.
3.20 Subd. 5. Duplicate passes. The commissioner and agents shall issue a duplicate
3.21pass to persons whose pass is lost or destroyed using the process established under section
3.2297A.405, subdivision 3 , and rules adopted thereunder. The fee for a duplicate nonresident
3.23off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
3.24 Sec. 4. Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
3.25 Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
3.26motorizedflotation-tired vehicle of not less than three low pressure tires, but not more
3.27than equipped with three to six nonhighway tires, that is limited in engine displacement
3.28of less than 960 cubic centimeters and includes a class 1 all-terrain vehicle and class
3.292 all-terrain vehicle. All-terrain vehicle does not include a golf cart; a mini-truck; a
3.30dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance,
3.31agriculture, logging, or mining purposes.
3.32 Sec. 5. Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read:
4.1 Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
4.2all-terrain vehicle that has a total dry weight of less than 1,000 pounds and has a straddled
4.3seat.
4.4 Sec. 6. Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read:
4.5 Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
4.6all-terrain vehicle that is not a class 1 all-terrain vehicle, has a total dry weight of1,000 to
4.71,800 pounds or less, and has a manufacturer's published width of 68 inches or less.
4.8 Sec. 7. Minnesota Statutes 2010, section 84.9257, is amended to read:
4.984.9257 PASSENGERS.
4.10 (a) A person 18 years of age or older may operate a class 1 all-terrain vehicle
4.11carrying only one passenger.
4.12 (b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
4.13carryinga only one passenger, or up to the number of passengers for which the vehicle
4.14was designed, whichever is greater.
4.15(c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying
4.16only one passenger and the passenger must be the person's parent or legal guardian.
4.17 Sec. 8. Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:
4.18 Subd. 3. Voluntary titling. The owner of a device used or designed for navigation
4.19on water and used on the waters of this state may obtain a certificate of title for the device,
4.20even though it is not a watercraft as defined in section86B.820, subdivision 14 , in the
4.21same manner and with the same effect as the owner of a watercraft required to be titled
4.22underLaws 1989, chapter 335 sections 86B.820 to 86B.920. Once titled, the device
4.23is a titled watercraft as defined in section86B.820, subdivision 13 , and is and remains
4.24subject toLaws 1989, chapter 335 sections 86B.820 to 86B.920, to the same extent as a
4.25watercraft required to be titled.
4.26 Sec. 9. Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:
4.27 Subd. 2. Issuance. (a) The commissioner shall issue a certificate of title for a
4.28watercraft upon verification that:
4.29(1) the application is genuine;
4.30(2) the applicant is the owner of the watercraft; and
4.31(3) payment of the required fee.
5.1(b) The original certificate of title must be mailed to thefirst secured party disclosed
5.2in the application or, if none, to the owner named in the application. Secured parties, if
5.3any, must be mailed notification of their security interest filed.
5.4 Sec. 10. Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:
5.5 Subdivision 1. Form and issuance. (a) The commissioner may issue a duplicate
5.6certificate of title under this section. The duplicate certificate of title must be a certified
5.7copy plainly marked "duplicate" across its face and must contain the legend: "This
5.8duplicate certificate of title may be subject to the rights of a person under the original
5.9certificate." It must be mailedto the first secured party named in it or, if none, to the owner.
5.10The commissioner shall indicate in the department records that a duplicate has been issued.
5.11(b) As a condition to issuing a duplicate certificate of title, the commissioner may
5.12require a bond from the applicant in the manner and form prescribed in section86B.830,
5.13subdivision 4 , paragraph (b).
5.14 Sec. 11. Minnesota Statutes 2010, section 86B.885, is amended to read:
5.1586B.885 OWNER-CREATED SECURITY INTEREST.
5.16Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
5.17(a) The owner shall immediately execute the application in the space provided on the
5.18certificate of title or on a separate form prescribed by the commissioner, show the name
5.19and address of the secured party on the certificate, and have the certificate, application,
5.20and required fee delivered to the secured party.
5.21(b) The secured party shall immediately have the certificate, application, and
5.22required fee mailed or delivered to the commissioner.
5.23(c)Upon request of the owner or A second or subordinate secured party, a secured
5.24party in possession of the certificate of title shall either (1) mail or deliver the certificate
5.25to the subordinate secured party for delivery to the commissioner, or (2) upon receiving
5.26from the subordinate secured party the owner's application and the required fee, mail or
5.27deliver them to the commissioner with the certificate. The delivery of the certificate does
5.28not affect the rights of the first secured party under the security agreement.
5.29(d) Upon receiving the certificate of title, application, and required fee, the
5.30commissioner shall either endorse on the certificate or issue a new certificate containing
5.31the name and address of the new secured party, and mail or deliver the certificate to the
5.32first secured party named on it owner. The secured party or parties shall be issued a
5.33notification that the security interest has been recorded.
6.1 Sec. 12. Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read:
6.2 Subd. 18. Motor vehicle. (a) "Motor vehicle" means any self-propelled vehicle
6.3designed and originally manufactured to operate primarily on highways, and not operated
6.4exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a
6.5self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled
6.6by electric power obtained from overhead trolley wires but not operated upon rails. It does
6.7not include snowmobiles, manufactured homes, or park trailers.
6.8(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle
6.9(1) has at least four wheels, (2) is owned and operated by a physically disabled person,
6.10and (3) displays both disability plates and a physically disabled certificate issued under
6.11section169.345 .
6.12(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain
6.13vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle
6.14before August 1, 1985. The owner may continue to license an all-terrain vehicle described
6.15in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another
6.16owner, is destroyed, or fails to comply with the registration and licensing requirements
6.17of this chapter.
6.18(d) "Motor vehicle" does not include an electric personal assistive mobility device as
6.19defined in section169.011, subdivision 26 .
6.20(e) "Motor vehicle" does not include a motorized foot scooter as defined in section
6.21169.011, subdivision 46
.
6.22(f) "Motor vehicle" includes an off-highway motorcycle modified to meet the
6.23requirements of chapter 169 according to section 84.788, subdivision 12.
6.24 Sec. 13. Minnesota Statutes 2010, section 168A.085, is amended to read:
6.25168A.085 APPLICATION FOR TITLEOR REGISTRATION, CERTAIN
6.26CASES.
6.27 Subdivision 1. Limitations. No application for certificate of titleor registration may
6.28be issued for a vehicle that was not manufactured in compliance with applicable federal
6.29emission standards in force at the time of manufacture as provided by the Clean Air Act,
6.30United States Code, title 42, sections 7401 through 7642, and regulations adopted pursuant
6.31thereto, and safety standards as provided by the National Traffic and Motor Safety Act,
6.32United States Code, title 15, sections 1381 through 1431, and regulations adopted pursuant
6.33thereto, unless the applicant furnishes either proof satisfactory to the agent that the vehicle
6.34was not brought into the United States from outside the country or all of the following:
7.1(1) a bond release letter, with all attachments, issued by the United States Department
7.2of Transportation acknowledging receipt of a statement of compliance submitted by the
7.3importer of the vehicle and that the statement meets the safety requirements as provided
7.4by Code of Federal Regulations, title 19, section 12.80(e);
7.5(2) a bond release letter, with all attachments, issued by the United States
7.6Environmental Protection Agency stating that the vehicle has been tested and known to
7.7be in conformity with federal emission requirements; and
7.8(3) a receipt or certificate issued by the United States Department of the Treasury
7.9showing that any gas-guzzler taxes due on the vehicle as provided by Public Law 95-618,
7.10title 2, section 201(a), have been fully paid.
7.11 Subd. 2. Accompanying documents. The application for certificate of titleand the
7.12application for registration must be accompanied by a manufacturer's certificate of origin
7.13in the English language which was issued by the actual vehicle manufacturer and either:
7.14(1) the original documents constituting valid proof of ownership in the country in
7.15which the vehicle was originally purchased, together with a translation of the documents
7.16into the English language verified as to accuracy of the translation by affidavit of the
7.17translator; or
7.18(2) with regard to a vehicle imported from a country that cancels the vehicle
7.19registration and title for export, a bond as required by section168A.07, subdivision 1 ,
7.20clause (2).
7.21 Sec. 14. Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:
7.22 Subdivision 1. Designation of roadway, permit. The governing body of any
7.23county, home rule charter or statutory city, or town may by ordinance authorize the
7.24operation of motorized golf carts,four-wheel all-terrain vehicles, or mini trucks, on
7.25designated roadways or portions thereof under its jurisdiction. Authorization to operate a
7.26motorized golf cart,four-wheel all-terrain vehicle, or mini truck is by permit only. For
7.27purposes of this section,a four-wheel an all-terrain vehicle is a motorized flotation-tired
7.28vehicle with four low-pressure tires that is limited in engine displacement of less than 800
7.29cubic centimeters and total dry weight less than 600 pounds has the meaning given in
7.30section 84.92, and a mini truck has the meaning given in section169.011, subdivision 40a .
7.31 Sec. 15. Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:
7.32 Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the
7.33form of the application for the permit, require evidence of insurance complying with the
7.34provisions of section65B.48, subdivision 5 and may prescribe conditions, not inconsistent
8.1with the provisions of this section, under which a permit may be granted. Permits may be
8.2granted for a periodof not to exceed one year three years, and may be annually renewed.
8.3A permit may be revoked at any time if there is evidence that the permittee cannot safely
8.4operate the motorized golf cart,four-wheel all-terrain vehicle, or mini truck on the
8.5designated roadways. The ordinance may require, as a condition to obtaining a permit,
8.6that the applicant submit a certificate signed by a physician that the applicant is able
8.7to safely operate a motorized golf cart,four-wheel all-terrain vehicle, or mini truck on
8.8the roadways designated.
8.9 Sec. 16. Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:
8.10 Subd. 3. Times of operation. Motorized golf carts andfour-wheel all-terrain
8.11vehicles may only be operated on designated roadways from sunrise to sunset, unless
8.12equipped with original equipment headlights, taillights, and rear-facing brake lights.
8.13They shall not be operated in inclement weather, except during emergency conditions as
8.14provided in the ordinance, or when visibility is impaired by weather, smoke, fog or other
8.15conditions, or at any time when there is insufficientlight visibility to clearly see persons
8.16and vehicles on the roadway at a distance of 500 feet.
8.17 Sec. 17. Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:
8.18 Subd. 5. Crossing intersecting highways. The operator, under permit, of a
8.19motorized golf cart,four-wheel all-terrain vehicle, or mini truck may cross any street or
8.20highway intersecting a designated roadway.
8.21 Sec. 18. Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:
8.22 Subd. 6. Application of traffic laws. Every person operating a motorized golf cart,
8.23four-wheel all-terrain vehicle, or mini truck under permit on designated roadways has all
8.24the rights and duties applicable to the driver of any other vehicle under the provisions of
8.25this chapter, except when those provisions cannot reasonably be applied to motorized golf
8.26carts,four-wheel all-terrain vehicles, or mini trucks and except as otherwise specifically
8.27provided in subdivision 7.
8.28 Sec. 19. Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:
8.29 Subd. 7. Nonapplication of certain laws. The provisions of chapter 171 are
8.30applicable to persons operating mini trucks, but are not applicable to persons operating
8.31motorized golf carts orfour-wheel all-terrain vehicles under permit on designated
8.32roadways pursuant to this section. Except for the requirements of section169.70 , the
9.1provisions of this chapter relating to equipment on vehicles are not applicable to motorized
9.2golf carts orfour-wheel all-terrain vehicles operating, under permit, on designated
9.3roadways.
9.4 Sec. 20. Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:
9.5 Subd. 8. Insurance. In the event persons operating a motorized golf cart,four-wheel
9.6all-terrain vehicle, or mini truck under this section cannot obtain liability insurance in
9.7the private market, that person may purchase automobile insurance, including no-fault
9.8coverage, from the Minnesota Automobile Insurance Plan under sections65B.01 to
9.965B.12
, at a rate to be determined by the commissioner of commerce.
9.10 Sec. 21. Minnesota Statutes 2010, section 239.791, is amended by adding a subdivision
9.11to read:
9.12 Subd. 16. Exemption for recreational vehicle manufacturer. A person
9.13responsible for the product may offer for sale, sell, or dispense gasoline that is not
9.14oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively
9.15for research and development by a manufacturer of snowmobiles, all-terrain vehicles,
9.16motorcycles, or recreational vehicles.
1.3for certain recreational vehicles; providing for dual registration of certain
1.4motorcycles; requiring a nonresident off-road vehicle state trail pass; modifying
1.5requirements for titling watercraft; modifying special vehicle use on roadways;
1.6amending Minnesota Statutes 2010, sections 84.777, subdivision 2; 84.788,
1.7by adding a subdivision; 84.92, subdivisions 8, 9, 10; 84.9257; 86B.825,
1.8subdivision 3; 86B.830, subdivision 2; 86B.850, subdivision 1; 86B.885;
1.9168.002, subdivision 18; 168A.085; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8;
1.10239.791, by adding a subdivision; proposing coding for new law in Minnesota
1.11Statutes, chapter 84.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:
1.14 Subd. 2. Off-highway vehicle seasonal restrictions. (a)
1.15
1.16forest roads, a person must not operate an off-highway vehicle on state forest lands
1.17
1.18hunting season in areas of the state where deer may be taken by rifle. This paragraph
1.19does not apply to a person in possession of a valid deer hunting license operating an
1.20off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
1.21 (b) The commissioner may designate and post winter trails on state forest lands
1.22for use by off-highway vehicles.
1.23 (c) For the purposes of this subdivision, "state forest lands" means forest lands under
1.24the authority of the commissioner as defined in section
1.25managed by the commissioner under section
2.1 Sec. 2. Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision
2.2to read:
2.3 Subd. 12. Dual registration. (a) An off-highway motorcycle registered under
2.4this section may also be registered as a motorcycle under chapter 168 for use on public
2.5roads and highways.
2.6(b) If the off-highway motorcycle was not originally constructed primarily for use
2.7on public roads and highways, the off-highway motorcycle must be equipped with mirrors
2.8and a headlight, taillight, and horn and be otherwise modified as necessary to meet the
2.9requirements of chapter 169, the safety standards of the National Traffic and Motor Safety
2.10Act, United States Code, title 15, sections 1381 through 1431, and the regulations adopted
2.11under that federal act, for motorcycles regarding safety and acceptability to operate on
2.12public roads and highways.
2.13(c) An applicant for registration under chapter 168 must submit a form, prescribed
2.14by the commissioner of public safety.
2.15(d) Chapter 168A does not apply to an off-highway motorcycle modified to meet the
2.16requirements of chapter 169 according to this subdivision.
2.17 Sec. 3. [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
2.18 Subdivision 1. Pass required; fee. (a) A nonresident may not operate an off-road
2.19vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
2.20nonresident off-road vehicle state trail pass sticker issued according to this section.
2.21The pass must be viewable by a peace officer, a conservation officer, or an employee
2.22designated under section
2.23(b) The fee for an annual pass is $20. The pass is valid from January 1 through
2.24December 31. The fee for a three-year pass is $30. The commissioner of natural resources
2.25shall issue a pass upon application and payment of the fee. Fees collected under this
2.26section, except for the issuing fee for licensing agents, shall be deposited in the state
2.27treasury and credited to the off-road vehicle account in the natural resources fund and,
2.28except for the electronic licensing system commission established by the commissioner
2.29under section
2.30municipalities for off-road vehicle organizations to construct and maintain off-road
2.31vehicle trails and use areas.
2.32 (c) A nonresident off-road vehicle state trail pass is not required for:
2.33 (1) an off-road vehicle that is owned and used by the United States, another state,
2.34or a political subdivision thereof that is exempt from registration under section
2.35subdivision 2;
3.1 (2) a person operating an off-road vehicle only on the portion of a trail that is owned
3.2by the person or the person's spouse, child, or parent; or
3.3(3) a nonresident operating an off-road vehicle that is registered according to section
3.4
3.5 Subd. 2. License agents. The commissioner may appoint agents to issue and
3.6sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
3.7appointment of an agent at any time. The commissioner may adopt additional rules as
3.8provided in section
3.9by the commissioner for accounting and handling of passes pursuant to section
3.10subdivision 11
3.11sale of the passes, exclusive of the issuing fee, to the commissioner.
3.12 Subd. 3. Issuance of passes. The commissioner and agents shall issue and sell
3.13nonresident off-road vehicle state trail passes. The commissioner shall also make the
3.14passes available through the electronic licensing system established under section
3.15subdivision 15.
3.16 Subd. 4. Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass
3.17shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
3.18passes issued by the commissioner shall be deposited in the off-road vehicle account in the
3.19natural resources fund and retained for the operation of the electronic licensing system.
3.20 Subd. 5. Duplicate passes. The commissioner and agents shall issue a duplicate
3.21pass to persons whose pass is lost or destroyed using the process established under section
3.22
3.23off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
3.24 Sec. 4. Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
3.25 Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
3.26motorized
3.27
3.28
3.292 all-terrain vehicle. All-terrain vehicle does not include a golf cart; a mini-truck; a
3.30dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance,
3.31agriculture, logging, or mining purposes.
3.32 Sec. 5. Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read:
4.1 Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
4.2all-terrain vehicle that has a total dry weight of less than 1,000 pounds and has a straddled
4.3seat.
4.4 Sec. 6. Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read:
4.5 Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
4.6all-terrain vehicle that is not a class 1 all-terrain vehicle, has a total dry weight of
4.71,800 pounds or less, and has a manufacturer's published width of 68 inches or less.
4.8 Sec. 7. Minnesota Statutes 2010, section 84.9257, is amended to read:
4.984.9257 PASSENGERS.
4.10 (a) A person 18 years of age or older may operate a class 1 all-terrain vehicle
4.11carrying only one passenger.
4.12 (b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
4.13carrying
4.14was designed, whichever is greater.
4.15(c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying
4.16only one passenger and the passenger must be the person's parent or legal guardian.
4.17 Sec. 8. Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:
4.18 Subd. 3. Voluntary titling. The owner of a device used or designed for navigation
4.19on water and used on the waters of this state may obtain a certificate of title for the device,
4.20even though it is not a watercraft as defined in section
4.21same manner and with the same effect as the owner of a watercraft required to be titled
4.22under
4.23is a titled watercraft as defined in section
4.24subject to
4.25watercraft required to be titled.
4.26 Sec. 9. Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:
4.27 Subd. 2. Issuance. (a) The commissioner shall issue a certificate of title for a
4.28watercraft upon verification that:
4.29(1) the application is genuine;
4.30(2) the applicant is the owner of the watercraft; and
4.31(3) payment of the required fee.
5.1(b) The original certificate of title must be mailed to the
5.2
5.3any, must be mailed notification of their security interest filed.
5.4 Sec. 10. Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:
5.5 Subdivision 1. Form and issuance. (a) The commissioner may issue a duplicate
5.6certificate of title under this section. The duplicate certificate of title must be a certified
5.7copy plainly marked "duplicate" across its face and must contain the legend: "This
5.8duplicate certificate of title may be subject to the rights of a person under the original
5.9certificate." It must be mailed
5.10The commissioner shall indicate in the department records that a duplicate has been issued.
5.11(b) As a condition to issuing a duplicate certificate of title, the commissioner may
5.12require a bond from the applicant in the manner and form prescribed in section
5.13subdivision 4
5.14 Sec. 11. Minnesota Statutes 2010, section 86B.885, is amended to read:
5.1586B.885 OWNER-CREATED SECURITY INTEREST.
5.16Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
5.17(a) The owner shall immediately execute the application in the space provided on the
5.18certificate of title or on a separate form prescribed by the commissioner, show the name
5.19and address of the secured party on the certificate, and have the certificate, application,
5.20and required fee delivered to the secured party.
5.21(b) The secured party shall immediately have the certificate, application, and
5.22required fee mailed or delivered to the commissioner.
5.23(c)
5.24
5.25
5.26
5.27
5.28not affect the rights of the first secured party under the security agreement.
5.29(d) Upon receiving the certificate of title, application, and required fee, the
5.30commissioner shall either endorse on the certificate or issue a new certificate containing
5.31the name and address of the new secured party, and mail or deliver the certificate to the
5.32
5.33notification that the security interest has been recorded.
6.1 Sec. 12. Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read:
6.2 Subd. 18. Motor vehicle. (a) "Motor vehicle" means any self-propelled vehicle
6.3designed and originally manufactured to operate primarily on highways, and not operated
6.4exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a
6.5self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled
6.6by electric power obtained from overhead trolley wires but not operated upon rails. It does
6.7not include snowmobiles, manufactured homes, or park trailers.
6.8(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle
6.9(1) has at least four wheels, (2) is owned and operated by a physically disabled person,
6.10and (3) displays both disability plates and a physically disabled certificate issued under
6.11section
6.12(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain
6.13vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle
6.14before August 1, 1985. The owner may continue to license an all-terrain vehicle described
6.15in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another
6.16owner, is destroyed, or fails to comply with the registration and licensing requirements
6.17of this chapter.
6.18(d) "Motor vehicle" does not include an electric personal assistive mobility device as
6.19defined in section
6.20(e) "Motor vehicle" does not include a motorized foot scooter as defined in section
6.22(f) "Motor vehicle" includes an off-highway motorcycle modified to meet the
6.23requirements of chapter 169 according to section 84.788, subdivision 12.
6.24 Sec. 13. Minnesota Statutes 2010, section 168A.085, is amended to read:
6.25168A.085 APPLICATION FOR TITLE
6.26CASES.
6.27 Subdivision 1. Limitations. No application for certificate of title
6.28be issued for a vehicle that was not manufactured in compliance with applicable federal
6.29emission standards in force at the time of manufacture as provided by the Clean Air Act,
6.30United States Code, title 42, sections 7401 through 7642, and regulations adopted pursuant
6.31thereto, and safety standards as provided by the National Traffic and Motor Safety Act,
6.32United States Code, title 15, sections 1381 through 1431, and regulations adopted pursuant
6.33thereto, unless the applicant furnishes either proof satisfactory to the agent that the vehicle
6.34was not brought into the United States from outside the country or all of the following:
7.1(1) a bond release letter, with all attachments, issued by the United States Department
7.2of Transportation acknowledging receipt of a statement of compliance submitted by the
7.3importer of the vehicle and that the statement meets the safety requirements as provided
7.4by Code of Federal Regulations, title 19, section 12.80(e);
7.5(2) a bond release letter, with all attachments, issued by the United States
7.6Environmental Protection Agency stating that the vehicle has been tested and known to
7.7be in conformity with federal emission requirements; and
7.8(3) a receipt or certificate issued by the United States Department of the Treasury
7.9showing that any gas-guzzler taxes due on the vehicle as provided by Public Law 95-618,
7.10title 2, section 201(a), have been fully paid.
7.11 Subd. 2. Accompanying documents. The application for certificate of title
7.12
7.13in the English language which was issued by the actual vehicle manufacturer and either:
7.14(1) the original documents constituting valid proof of ownership in the country in
7.15which the vehicle was originally purchased, together with a translation of the documents
7.16into the English language verified as to accuracy of the translation by affidavit of the
7.17translator; or
7.18(2) with regard to a vehicle imported from a country that cancels the vehicle
7.19registration and title for export, a bond as required by section
7.20clause (2).
7.21 Sec. 14. Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:
7.22 Subdivision 1. Designation of roadway, permit. The governing body of any
7.23county, home rule charter or statutory city, or town may by ordinance authorize the
7.24operation of motorized golf carts,
7.25designated roadways or portions thereof under its jurisdiction. Authorization to operate a
7.26motorized golf cart,
7.27purposes of this section,
7.28
7.29
7.30section 84.92, and a mini truck has the meaning given in section
7.31 Sec. 15. Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:
7.32 Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the
7.33form of the application for the permit, require evidence of insurance complying with the
7.34provisions of section
8.1with the provisions of this section, under which a permit may be granted. Permits may be
8.2granted for a period
8.3A permit may be revoked at any time if there is evidence that the permittee cannot safely
8.4operate the motorized golf cart,
8.5designated roadways. The ordinance may require, as a condition to obtaining a permit,
8.6that the applicant submit a certificate signed by a physician that the applicant is able
8.7to safely operate a motorized golf cart,
8.8the roadways designated.
8.9 Sec. 16. Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:
8.10 Subd. 3. Times of operation. Motorized golf carts and
8.11vehicles may only be operated on designated roadways from sunrise to sunset, unless
8.12equipped with original equipment headlights, taillights, and rear-facing brake lights.
8.13They shall not be operated in inclement weather, except during emergency conditions as
8.14provided in the ordinance, or when visibility is impaired by weather, smoke, fog or other
8.15conditions, or at any time when there is insufficient
8.16and vehicles on the roadway at a distance of 500 feet.
8.17 Sec. 17. Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:
8.18 Subd. 5. Crossing intersecting highways. The operator, under permit, of a
8.19motorized golf cart,
8.20highway intersecting a designated roadway.
8.21 Sec. 18. Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:
8.22 Subd. 6. Application of traffic laws. Every person operating a motorized golf cart,
8.23
8.24the rights and duties applicable to the driver of any other vehicle under the provisions of
8.25this chapter, except when those provisions cannot reasonably be applied to motorized golf
8.26carts,
8.27provided in subdivision 7.
8.28 Sec. 19. Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:
8.29 Subd. 7. Nonapplication of certain laws. The provisions of chapter 171 are
8.30applicable to persons operating mini trucks, but are not applicable to persons operating
8.31motorized golf carts or
8.32roadways pursuant to this section. Except for the requirements of section
9.1provisions of this chapter relating to equipment on vehicles are not applicable to motorized
9.2golf carts or
9.3roadways.
9.4 Sec. 20. Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:
9.5 Subd. 8. Insurance. In the event persons operating a motorized golf cart,
9.6all-terrain vehicle, or mini truck under this section cannot obtain liability insurance in
9.7the private market, that person may purchase automobile insurance, including no-fault
9.8coverage, from the Minnesota Automobile Insurance Plan under sections
9.10 Sec. 21. Minnesota Statutes 2010, section 239.791, is amended by adding a subdivision
9.11to read:
9.12 Subd. 16. Exemption for recreational vehicle manufacturer. A person
9.13responsible for the product may offer for sale, sell, or dispense gasoline that is not
9.14oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively
9.15for research and development by a manufacturer of snowmobiles, all-terrain vehicles,
9.16motorcycles, or recreational vehicles.
