Bill Text: MN SF1106 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Recreational vehicle operating provisions modifications; all terrain vehicle definitions modifications; motorcycle dual registration establishment; special vehicle use on roadways modification
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-14 - Comm report: To pass as amended and re-refer to Transportation [SF1106 Detail]
Download: Minnesota-2011-SF1106-Engrossed.html
1.2relating to natural resources; modifying operating provisions for certain
1.3recreational vehicles; modifying definitions; providing for dual registration of
1.4certain motorcycles; modifying special vehicle use on roadways; amending
1.5Minnesota Statutes 2010, sections 84.777, subdivision 2; 84.788, by adding a
1.6subdivision; 84.92, subdivisions 8, 9, 10; 84.9257; 168.002, subdivision 18;
1.7168A.085; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:
1.10 Subd. 2. Off-highway vehicle seasonal restrictions. (a)The commissioner shall
1.11prescribe seasons for off-highway vehicle use on state forest lands. Except for designated
1.12forest roads, a person must not operate an off-highway vehicle on state forest lands: (1)
1.13outside of the seasons prescribed under this paragraph; or (2) during the firearms deer
1.14hunting season in areas of the state where deer may be taken by rifle. This paragraph
1.15does not apply to a person in possession of a valid deer hunting license operating an
1.16off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
1.17 (b) The commissioner may designate and post winter trails on state forest lands
1.18for use by off-highway vehicles.
1.19 (c) For the purposes of this subdivision, "state forest lands" means forest lands under
1.20the authority of the commissioner as defined in section89.001 , subdivision 13, and lands
1.21managed by the commissioner under section282.011 .
1.22 Sec. 2. Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision
1.23to read:
2.1 Subd. 12. Dual registration. (a) An off-highway motorcycle registered under
2.2this section may also be registered as a motorcycle under chapter 168 for use on public
2.3roads and highways.
2.4(b) If the off-highway motorcycle was not originally constructed primarily for use
2.5on public roads and highways, the off-highway motorcycle must be equipped with mirrors
2.6and a headlight, taillight, and horn and be otherwise modified as necessary to meet the
2.7requirements of chapter 169 for motorcycles regarding safety and acceptability to operate
2.8on public roads and highways.
2.9(c) An applicant for registration under chapter 168 must submit an inspection form,
2.10prescribed by the commissioner of public safety. The inspection form must be completed
2.11by a police officer, as defined under section 169.011, and certify that the off-highway
2.12motorcycle meets the requirements of chapter 169 for motorcycles regarding safety and
2.13acceptability to operate on public roads and highways.
2.14(d) Chapter 168A does not apply to an off-highway motorcycle modified to meet the
2.15requirements of chapter 169 according to this subdivision.
2.16 Sec. 3. Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
2.17 Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
2.18motorizedflotation-tired vehicle of not less than three low pressure tires, but not more
2.19than six tires, that is limited in engine displacement of less than 960 cubic centimeters
2.20equipped with three to six nonhighway tires, and includes a class 1 all-terrain vehicle and
2.21class 2 all-terrain vehicle. "All-terrain vehicle" or "vehicle" does not include a golf cart,
2.22mini truck, dune buggy, go cart, or vehicle designed specifically for lawn maintenance,
2.23agriculture, logging, or mining purposes.
2.24 Sec. 4. Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read:
2.25 Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
2.26all-terrain vehicle that has a total dry weight of less than 1,000 pounds and: (1) has a
2.27manufacturer's published width of 50 inches or less; or (2) has a straddled seat.
2.28 Sec. 5. Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read:
2.29 Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
2.30all-terrain vehicle that is not a class 1 all-terrain vehicle, has a total dry weight of1,000 to
2.311,800 pounds or less, and a manufacturer's published width of 68 inches or less.
3.1 Sec. 6. Minnesota Statutes 2010, section 84.9257, is amended to read:
3.284.9257 PASSENGERS.
3.3 (a) A person 18 years of age or older may operate a class 1 all-terrain vehicle
3.4carrying only one passenger.
3.5 (b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
3.6carryinga only one passenger, or up to the number of passengers for which the vehicle
3.7was designed, whichever is greater.
3.8(c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying
3.9only one passenger and the passenger must be the person's parent or legal guardian.
3.10 Sec. 7. Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read:
3.11 Subd. 18. Motor vehicle. (a) "Motor vehicle" means any self-propelled vehicle
3.12designed and originally manufactured to operate primarily on highways, and not operated
3.13exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a
3.14self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled
3.15by electric power obtained from overhead trolley wires but not operated upon rails. It does
3.16not include snowmobiles, manufactured homes, or park trailers.
3.17(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle
3.18(1) has at least four wheels, (2) is owned and operated by a physically disabled person,
3.19and (3) displays both disability plates and a physically disabled certificate issued under
3.20section169.345 .
3.21(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain
3.22vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle
3.23before August 1, 1985. The owner may continue to license an all-terrain vehicle described
3.24in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another
3.25owner, is destroyed, or fails to comply with the registration and licensing requirements
3.26of this chapter.
3.27(d) "Motor vehicle" does not include an electric personal assistive mobility device as
3.28defined in section169.011, subdivision 26 .
3.29(e) "Motor vehicle" does not include a motorized foot scooter as defined in section
3.30169.011, subdivision 46
.
3.31(f) "Motor vehicle" includes an off-highway motorcycle modified to meet the
3.32requirements of chapter 169 according to section 84.788, subdivision 12.
4.1 Sec. 8. Minnesota Statutes 2010, section 168A.085, is amended to read:
4.2168A.085 APPLICATION FOR TITLEOR REGISTRATION, CERTAIN
4.3CASES.
4.4 Subdivision 1. Limitations. No application for certificate of titleor registration may
4.5be issued for a vehicle that was not manufactured in compliance with applicable federal
4.6emission standards in force at the time of manufacture as provided by the Clean Air Act,
4.7United States Code, title 42, sections 7401 through 7642, and regulations adopted pursuant
4.8thereto, and safety standards as provided by the National Traffic and Motor Safety Act,
4.9United States Code, title 15, sections 1381 through 1431, and regulations adopted pursuant
4.10thereto, unless the applicant furnishes either proof satisfactory to the agent that the vehicle
4.11was not brought into the United States from outside the country or all of the following:
4.12(1) a bond release letter, with all attachments, issued by the United States Department
4.13of Transportation acknowledging receipt of a statement of compliance submitted by the
4.14importer of the vehicle and that the statement meets the safety requirements as provided
4.15by Code of Federal Regulations, title 19, section 12.80(e);
4.16(2) a bond release letter, with all attachments, issued by the United States
4.17Environmental Protection Agency stating that the vehicle has been tested and known to
4.18be in conformity with federal emission requirements; and
4.19(3) a receipt or certificate issued by the United States Department of the Treasury
4.20showing that any gas-guzzler taxes due on the vehicle as provided by Public Law 95-618,
4.21title 2, section 201(a), have been fully paid.
4.22 Subd. 2. Accompanying documents. The application for certificate of titleand the
4.23application for registration must be accompanied by a manufacturer's certificate of origin
4.24in the English language which was issued by the actual vehicle manufacturer and either:
4.25(1) the original documents constituting valid proof of ownership in the country in
4.26which the vehicle was originally purchased, together with a translation of the documents
4.27into the English language verified as to accuracy of the translation by affidavit of the
4.28translator; or
4.29(2) with regard to a vehicle imported from a country that cancels the vehicle
4.30registration and title for export, a bond as required by section168A.07, subdivision 1 ,
4.31clause (2).
4.32 Sec. 9. Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:
4.33 Subdivision 1. Designation of roadway, permit. The governing body of any
4.34county, home rule charter or statutory city, or town may by ordinance authorize the
4.35operation of motorized golf carts,four-wheel all-terrain vehicles, or mini trucks, on
5.1designated roadways or portions thereof under its jurisdiction. Authorization to operate a
5.2motorized golf cart,four-wheel all-terrain vehicle, or mini truck is by permit only. For
5.3purposes of this section,a four-wheel an all-terrain vehicle is a motorized flotation-tired
5.4vehicle with four low-pressure tires that is limited in engine displacement of less than 800
5.5cubic centimeters and total dry weight less than 600 pounds has the meaning given in
5.6section 84.92, and a mini truck has the meaning given in section169.011, subdivision 40a .
5.7 Sec. 10. Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:
5.8 Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the
5.9form of the application for the permit, require evidence of insurance complying with the
5.10provisions of section65B.48, subdivision 5 and may prescribe conditions, not inconsistent
5.11with the provisions of this section, under which a permit may be granted. Permits may be
5.12granted for a periodof not to exceed one year three years, and may be annually renewed.
5.13A permit may be revoked at any time if there is evidence that the permittee cannot safely
5.14operate the motorized golf cart,four-wheel all-terrain vehicle, or mini truck on the
5.15designated roadways. The ordinance may require, as a condition to obtaining a permit,
5.16that the applicant submit a certificate signed by a physician that the applicant is able
5.17to safely operate a motorized golf cart,four-wheel all-terrain vehicle, or mini truck on
5.18the roadways designated.
5.19 Sec. 11. Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:
5.20 Subd. 3. Times of operation. Motorized golf carts andfour-wheel all-terrain
5.21vehicles may only be operated on designated roadways from sunrise to sunset, unless
5.22equipped with original equipment headlights, taillights, and rear-facing brake lights.
5.23They shall not be operated in inclement weather, except during emergency conditions as
5.24provided in the ordinance, or when visibility is impaired by weather, smoke, fog or other
5.25conditions, or at any time when there is insufficientlight visibility to clearly see persons
5.26and vehicles on the roadway at a distance of 500 feet.
5.27 Sec. 12. Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:
5.28 Subd. 5. Crossing intersecting highways. The operator, under permit, of a
5.29motorized golf cart,four-wheel all-terrain vehicle, or mini truck may cross any street or
5.30highway intersecting a designated roadway.
5.31 Sec. 13. Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:
6.1 Subd. 6. Application of traffic laws. Every person operating a motorized golf cart,
6.2four-wheel all-terrain vehicle, or mini truck under permit on designated roadways has all
6.3the rights and duties applicable to the driver of any other vehicle under the provisions of
6.4this chapter, except when those provisions cannot reasonably be applied to motorized golf
6.5carts,four-wheel all-terrain vehicles, or mini trucks and except as otherwise specifically
6.6provided in subdivision 7.
6.7 Sec. 14. Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:
6.8 Subd. 7. Nonapplication of certain laws. The provisions of chapter 171 are
6.9applicable to persons operating mini trucks, but are not applicable to persons operating
6.10motorized golf carts orfour-wheel all-terrain vehicles under permit on designated
6.11roadways pursuant to this section. Except for the requirements of section169.70 , the
6.12provisions of this chapter relating to equipment on vehicles are not applicable to motorized
6.13golf carts or four-wheel all-terrain vehicles operating, under permit, on designated
6.14roadways.
6.15 Sec. 15. Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:
6.16 Subd. 8. Insurance. In the event persons operating a motorized golf cart,four-wheel
6.17all-terrain vehicle, or mini truck under this section cannot obtain liability insurance in
6.18the private market, that person may purchase automobile insurance, including no-fault
6.19coverage, from the Minnesota Automobile Insurance Plan under sections65B.01 to
6.2065B.12
, at a rate to be determined by the commissioner of commerce.
1.3recreational vehicles; modifying definitions; providing for dual registration of
1.4certain motorcycles; modifying special vehicle use on roadways; amending
1.5Minnesota Statutes 2010, sections 84.777, subdivision 2; 84.788, by adding a
1.6subdivision; 84.92, subdivisions 8, 9, 10; 84.9257; 168.002, subdivision 18;
1.7168A.085; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:
1.10 Subd. 2. Off-highway vehicle seasonal restrictions. (a)
1.11
1.12forest roads, a person must not operate an off-highway vehicle on state forest lands: (1)
1.13outside of the seasons prescribed under this paragraph; or (2) during the firearms deer
1.14hunting season in areas of the state where deer may be taken by rifle. This paragraph
1.15does not apply to a person in possession of a valid deer hunting license operating an
1.16off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
1.17 (b) The commissioner may designate and post winter trails on state forest lands
1.18for use by off-highway vehicles.
1.19 (c) For the purposes of this subdivision, "state forest lands" means forest lands under
1.20the authority of the commissioner as defined in section
1.21managed by the commissioner under section
1.22 Sec. 2. Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision
1.23to read:
2.1 Subd. 12. Dual registration. (a) An off-highway motorcycle registered under
2.2this section may also be registered as a motorcycle under chapter 168 for use on public
2.3roads and highways.
2.4(b) If the off-highway motorcycle was not originally constructed primarily for use
2.5on public roads and highways, the off-highway motorcycle must be equipped with mirrors
2.6and a headlight, taillight, and horn and be otherwise modified as necessary to meet the
2.7requirements of chapter 169 for motorcycles regarding safety and acceptability to operate
2.8on public roads and highways.
2.9(c) An applicant for registration under chapter 168 must submit an inspection form,
2.10prescribed by the commissioner of public safety. The inspection form must be completed
2.11by a police officer, as defined under section 169.011, and certify that the off-highway
2.12motorcycle meets the requirements of chapter 169 for motorcycles regarding safety and
2.13acceptability to operate on public roads and highways.
2.14(d) Chapter 168A does not apply to an off-highway motorcycle modified to meet the
2.15requirements of chapter 169 according to this subdivision.
2.16 Sec. 3. Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
2.17 Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
2.18motorized
2.19
2.20equipped with three to six nonhighway tires, and includes a class 1 all-terrain vehicle and
2.21class 2 all-terrain vehicle. "All-terrain vehicle" or "vehicle" does not include a golf cart,
2.22mini truck, dune buggy, go cart, or vehicle designed specifically for lawn maintenance,
2.23agriculture, logging, or mining purposes.
2.24 Sec. 4. Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read:
2.25 Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
2.26all-terrain vehicle that has a total dry weight of less than 1,000 pounds and: (1) has a
2.27manufacturer's published width of 50 inches or less; or (2) has a straddled seat.
2.28 Sec. 5. Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read:
2.29 Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
2.30all-terrain vehicle that is not a class 1 all-terrain vehicle, has a total dry weight of
2.311,800 pounds or less, and a manufacturer's published width of 68 inches or less.
3.1 Sec. 6. Minnesota Statutes 2010, section 84.9257, is amended to read:
3.284.9257 PASSENGERS.
3.3 (a) A person 18 years of age or older may operate a class 1 all-terrain vehicle
3.4carrying only one passenger.
3.5 (b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
3.6carrying
3.7was designed, whichever is greater.
3.8(c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying
3.9only one passenger and the passenger must be the person's parent or legal guardian.
3.10 Sec. 7. Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read:
3.11 Subd. 18. Motor vehicle. (a) "Motor vehicle" means any self-propelled vehicle
3.12designed and originally manufactured to operate primarily on highways, and not operated
3.13exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a
3.14self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled
3.15by electric power obtained from overhead trolley wires but not operated upon rails. It does
3.16not include snowmobiles, manufactured homes, or park trailers.
3.17(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle
3.18(1) has at least four wheels, (2) is owned and operated by a physically disabled person,
3.19and (3) displays both disability plates and a physically disabled certificate issued under
3.20section
3.21(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain
3.22vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle
3.23before August 1, 1985. The owner may continue to license an all-terrain vehicle described
3.24in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another
3.25owner, is destroyed, or fails to comply with the registration and licensing requirements
3.26of this chapter.
3.27(d) "Motor vehicle" does not include an electric personal assistive mobility device as
3.28defined in section
3.29(e) "Motor vehicle" does not include a motorized foot scooter as defined in section
3.31(f) "Motor vehicle" includes an off-highway motorcycle modified to meet the
3.32requirements of chapter 169 according to section 84.788, subdivision 12.
4.1 Sec. 8. Minnesota Statutes 2010, section 168A.085, is amended to read:
4.2168A.085 APPLICATION FOR TITLE
4.3CASES.
4.4 Subdivision 1. Limitations. No application for certificate of title
4.5be issued for a vehicle that was not manufactured in compliance with applicable federal
4.6emission standards in force at the time of manufacture as provided by the Clean Air Act,
4.7United States Code, title 42, sections 7401 through 7642, and regulations adopted pursuant
4.8thereto, and safety standards as provided by the National Traffic and Motor Safety Act,
4.9United States Code, title 15, sections 1381 through 1431, and regulations adopted pursuant
4.10thereto, unless the applicant furnishes either proof satisfactory to the agent that the vehicle
4.11was not brought into the United States from outside the country or all of the following:
4.12(1) a bond release letter, with all attachments, issued by the United States Department
4.13of Transportation acknowledging receipt of a statement of compliance submitted by the
4.14importer of the vehicle and that the statement meets the safety requirements as provided
4.15by Code of Federal Regulations, title 19, section 12.80(e);
4.16(2) a bond release letter, with all attachments, issued by the United States
4.17Environmental Protection Agency stating that the vehicle has been tested and known to
4.18be in conformity with federal emission requirements; and
4.19(3) a receipt or certificate issued by the United States Department of the Treasury
4.20showing that any gas-guzzler taxes due on the vehicle as provided by Public Law 95-618,
4.21title 2, section 201(a), have been fully paid.
4.22 Subd. 2. Accompanying documents. The application for certificate of title
4.23
4.24in the English language which was issued by the actual vehicle manufacturer and either:
4.25(1) the original documents constituting valid proof of ownership in the country in
4.26which the vehicle was originally purchased, together with a translation of the documents
4.27into the English language verified as to accuracy of the translation by affidavit of the
4.28translator; or
4.29(2) with regard to a vehicle imported from a country that cancels the vehicle
4.30registration and title for export, a bond as required by section
4.31clause (2).
4.32 Sec. 9. Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:
4.33 Subdivision 1. Designation of roadway, permit. The governing body of any
4.34county, home rule charter or statutory city, or town may by ordinance authorize the
4.35operation of motorized golf carts,
5.1designated roadways or portions thereof under its jurisdiction. Authorization to operate a
5.2motorized golf cart,
5.3purposes of this section,
5.4
5.5
5.6section 84.92, and a mini truck has the meaning given in section
5.7 Sec. 10. Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:
5.8 Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the
5.9form of the application for the permit, require evidence of insurance complying with the
5.10provisions of section
5.11with the provisions of this section, under which a permit may be granted. Permits may be
5.12granted for a period
5.13A permit may be revoked at any time if there is evidence that the permittee cannot safely
5.14operate the motorized golf cart,
5.15designated roadways. The ordinance may require, as a condition to obtaining a permit,
5.16that the applicant submit a certificate signed by a physician that the applicant is able
5.17to safely operate a motorized golf cart,
5.18the roadways designated.
5.19 Sec. 11. Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:
5.20 Subd. 3. Times of operation. Motorized golf carts and
5.21vehicles may only be operated on designated roadways from sunrise to sunset, unless
5.22equipped with original equipment headlights, taillights, and rear-facing brake lights.
5.23They shall not be operated in inclement weather, except during emergency conditions as
5.24provided in the ordinance, or when visibility is impaired by weather, smoke, fog or other
5.25conditions, or at any time when there is insufficient
5.26and vehicles on the roadway at a distance of 500 feet.
5.27 Sec. 12. Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:
5.28 Subd. 5. Crossing intersecting highways. The operator, under permit, of a
5.29motorized golf cart,
5.30highway intersecting a designated roadway.
5.31 Sec. 13. Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:
6.1 Subd. 6. Application of traffic laws. Every person operating a motorized golf cart,
6.2
6.3the rights and duties applicable to the driver of any other vehicle under the provisions of
6.4this chapter, except when those provisions cannot reasonably be applied to motorized golf
6.5carts,
6.6provided in subdivision 7.
6.7 Sec. 14. Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:
6.8 Subd. 7. Nonapplication of certain laws. The provisions of chapter 171 are
6.9applicable to persons operating mini trucks, but are not applicable to persons operating
6.10motorized golf carts or
6.11roadways pursuant to this section. Except for the requirements of section
6.12provisions of this chapter relating to equipment on vehicles are not applicable to motorized
6.13golf carts or four-wheel all-terrain vehicles operating, under permit, on designated
6.14roadways.
6.15 Sec. 15. Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:
6.16 Subd. 8. Insurance. In the event persons operating a motorized golf cart,
6.17all-terrain vehicle, or mini truck under this section cannot obtain liability insurance in
6.18the private market, that person may purchase automobile insurance, including no-fault
6.19coverage, from the Minnesota Automobile Insurance Plan under sections
