Bill Text: MN SF2381 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Motorcycle owners injuries economic costs liability, compliance with motor vehicle insurance requirements, and helmet use requirement
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-03-19 - Author stricken Latz [SF2381 Detail]
Download: Minnesota-2011-SF2381-Introduced.html
1.2relating to motor vehicles; requiring that motorcycle owners bear the economic
1.3costs of their injuries not caused by others; requiring motorcycle owners to
1.4comply with the motor vehicle insurance requirements that apply to other motor
1.5vehicles; requiring motorcycle riders to wear helmets subject to an exception;
1.6amending Minnesota Statutes 2010, sections 65B.43, subdivision 2; 65B.46,
1.7subdivisions 1, 2; 65B.48, subdivision 5; 168.013, subdivision 1b; 169.974,
1.8subdivision 4; repealing Minnesota Statutes 2010, section 65B.46, subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 65B.43, subdivision 2, is amended to read:
1.11 Subd. 2. Motor vehicle. "Motor vehicle" means every vehicle,other than including
1.12a motorcycle or other vehicle with fewer than four wheels, which (a) is required to be
1.13registered pursuant to chapter 168, and (b) is designed to be self-propelled by an engine or
1.14motor for use primarily upon public roads, highways or streets in the transportation of
1.15persons or property, and includes a trailer with one or more wheels, when the trailer is
1.16connected to or being towed by a motor vehicle.
1.17EFFECTIVE DATE.This section is effective January 1, 2013.
1.18 Sec. 2. Minnesota Statutes 2010, section 65B.46, subdivision 1, is amended to read:
1.19 Subdivision 1. Motor vehicleor motorcycle accident in this state. If the accident
1.20causing injury occurs in this state, every person suffering loss from injury arising out of
1.21maintenance or use of a motor vehicleor as a result of being struck as a pedestrian by
1.22a motorcycle has a right to basic economic loss benefits.
1.23EFFECTIVE DATE.This section is effective January 1, 2013.
2.1 Sec. 3. Minnesota Statutes 2010, section 65B.46, subdivision 2, is amended to read:
2.2 Subd. 2. Motor vehicleor motorcycle accident outside this state. If the accident
2.3causing injury occurs outside this state in the United States, United States possessions, or
2.4Canada, the following persons and their surviving dependents suffering loss from injury
2.5arising out of maintenance or use of a motor vehicleor as a result of being struck as a
2.6pedestrian by a motorcycle have a right to basic economic loss benefits:
2.7(1) insureds, and
2.8(2) the driver and other occupants of a secured vehicle, other than (a) a vehicle which
2.9is regularly used in the course of the business of transporting persons or property and
2.10which is one of five or more vehicles under common ownership, or (b) a vehicle owned
2.11by a government other than this state, its political subdivisions, municipal corporations,
2.12or public agencies. The reparation obligor may, if the policy expressly states, extend the
2.13basic economic loss benefits to any stated area beyond the limits of the United States,
2.14United States possessions and Canada.
2.15EFFECTIVE DATE.This section is effective January 1, 2013.
2.16 Sec. 4. Minnesota Statutes 2010, section 65B.48, subdivision 5, is amended to read:
2.17 Subd. 5. Motorcycle coverage.(a) Every owner of a motorcycle registered or
2.18required to be registered in this state or operated in this state by the owner or with the
2.19owner's permission shall provide and maintainsecurity for the payment of tort liabilities
2.20arising out of the maintenance or use of the motorcycle in this state. Security may be
2.21provided by a contract of liability insurance complying with section
65B.49, subdivision
2.223
, or by qualifying as a self insurer in the manner provided in subdivision 3 a plan of
2.23reparation security as defined under section 65B.43, subdivision 15.
2.24(b) At the time an application for motorcycle insurance without personal injury
2.25protection coverage is completed, there must be attached to the application a separate
2.26form containing a written notice in at least 10-point bold type, if printed, or in capital
2.27letters, if typewritten that states:
2.28"Under Minnesota law, a policy of motorcycle coverage issued in the State of
2.29Minnesota must provide liability coverage only, and there is no requirement that
2.30the policy provide personal injury protection (PIP) coverage in the case of injury
2.31sustained by the insured. No PIP coverage provided by an automobile insurance
2.32policy you may have in force will extend to provide coverage in the event of a
2.33motorcycle accident."
2.34EFFECTIVE DATE.This section is effective January 1, 2013.
3.1 Sec. 5. Minnesota Statutes 2010, section 168.013, subdivision 1b, is amended to read:
3.2 Subd. 1b. Motorcycle. (a) On motorcycles the tax is $10, which includes the surtax
3.3provided for in subdivision 14.
3.4(b) License plates issued for use on motorcycles must differ prominently in color
3.5to distinguish owners who have chosen to reserve the right under section 169.974,
3.6subdivision 4, paragraph (c), for the driver and other occupants to ride without helmets.
3.7Owners who have chosen to do so shall pay an additional tax of $25 and must be required
3.8to show proof of the required additional insurance coverage.
3.9EFFECTIVE DATE.This section is effective January 1, 2013.
3.10 Sec. 6. Minnesota Statutes 2010, section 169.974, subdivision 4, is amended to read:
3.11 Subd. 4. Equipment for operator and passenger. (a) No personunder the age
3.12of 18 shall operate or ride a motorcycle on the streets and highways of this state without
3.13wearing protective headgear that complies with standards established by the commissioner
3.14of public safety, except as permitted under paragraph (c); and no person shall operate a
3.15motorcycle without wearing an eye-protective device.
3.16(b) The provisions of this subdivision shall not apply to persons during their
3.17participation in a parade for which parade a permit or other official authorization has been
3.18granted by a local governing body or other governmental authority or to persons riding
3.19within an enclosed cab.
3.20(c) A person over the age of 18 years may operate or ride a motorcycle without
3.21wearing the protective headgear required under paragraph (a) if the owner of the
3.22motorcycle has a plan of reparation security, as defined in section 65B.43, subdivision
3.2315, on the motorcycle that provides medical expense benefits of at least $250,000 and at
3.24least that amount for the total of income loss, replacement services loss, funeral expense
3.25loss, survivor's economic loss, and survivor's replacement services loss, all as described
3.26in section 65B.44. A person exercising the option provided under this paragraph must
3.27display, in the appropriate place on the motorcycle, the special license plate required under
3.28section 168.013, subdivision 1b.
3.29EFFECTIVE DATE.This section is effective January 1, 2013.
3.30 Sec. 7. REPEALER.
3.31Minnesota Statutes 2010, section 65B.46, subdivision 3, is repealed.
3.32EFFECTIVE DATE.This section is effective January 1, 2013.
1.3costs of their injuries not caused by others; requiring motorcycle owners to
1.4comply with the motor vehicle insurance requirements that apply to other motor
1.5vehicles; requiring motorcycle riders to wear helmets subject to an exception;
1.6amending Minnesota Statutes 2010, sections 65B.43, subdivision 2; 65B.46,
1.7subdivisions 1, 2; 65B.48, subdivision 5; 168.013, subdivision 1b; 169.974,
1.8subdivision 4; repealing Minnesota Statutes 2010, section 65B.46, subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 65B.43, subdivision 2, is amended to read:
1.11 Subd. 2. Motor vehicle. "Motor vehicle" means every vehicle,
1.12a motorcycle or other vehicle with fewer than four wheels, which (a) is required to be
1.13registered pursuant to chapter 168, and (b) is designed to be self-propelled by an engine or
1.14motor for use primarily upon public roads, highways or streets in the transportation of
1.15persons or property, and includes a trailer with one or more wheels, when the trailer is
1.16connected to or being towed by a motor vehicle.
1.17EFFECTIVE DATE.This section is effective January 1, 2013.
1.18 Sec. 2. Minnesota Statutes 2010, section 65B.46, subdivision 1, is amended to read:
1.19 Subdivision 1. Motor vehicle
1.20causing injury occurs in this state, every person suffering loss from injury arising out of
1.21maintenance or use of a motor vehicle
1.22
1.23EFFECTIVE DATE.This section is effective January 1, 2013.
2.1 Sec. 3. Minnesota Statutes 2010, section 65B.46, subdivision 2, is amended to read:
2.2 Subd. 2. Motor vehicle
2.3causing injury occurs outside this state in the United States, United States possessions, or
2.4Canada, the following persons and their surviving dependents suffering loss from injury
2.5arising out of maintenance or use of a motor vehicle
2.6
2.7(1) insureds, and
2.8(2) the driver and other occupants of a secured vehicle, other than (a) a vehicle which
2.9is regularly used in the course of the business of transporting persons or property and
2.10which is one of five or more vehicles under common ownership, or (b) a vehicle owned
2.11by a government other than this state, its political subdivisions, municipal corporations,
2.12or public agencies. The reparation obligor may, if the policy expressly states, extend the
2.13basic economic loss benefits to any stated area beyond the limits of the United States,
2.14United States possessions and Canada.
2.15EFFECTIVE DATE.This section is effective January 1, 2013.
2.16 Sec. 4. Minnesota Statutes 2010, section 65B.48, subdivision 5, is amended to read:
2.17 Subd. 5. Motorcycle coverage.
2.18required to be registered in this state or operated in this state by the owner or with the
2.19owner's permission shall provide and maintain
2.20
2.21
2.22
2.23reparation security as defined under section 65B.43, subdivision 15.
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34EFFECTIVE DATE.This section is effective January 1, 2013.
3.1 Sec. 5. Minnesota Statutes 2010, section 168.013, subdivision 1b, is amended to read:
3.2 Subd. 1b. Motorcycle. (a) On motorcycles the tax is $10, which includes the surtax
3.3provided for in subdivision 14.
3.4(b) License plates issued for use on motorcycles must differ prominently in color
3.5to distinguish owners who have chosen to reserve the right under section 169.974,
3.6subdivision 4, paragraph (c), for the driver and other occupants to ride without helmets.
3.7Owners who have chosen to do so shall pay an additional tax of $25 and must be required
3.8to show proof of the required additional insurance coverage.
3.9EFFECTIVE DATE.This section is effective January 1, 2013.
3.10 Sec. 6. Minnesota Statutes 2010, section 169.974, subdivision 4, is amended to read:
3.11 Subd. 4. Equipment for operator and passenger. (a) No person
3.12
3.13wearing protective headgear that complies with standards established by the commissioner
3.14of public safety, except as permitted under paragraph (c); and no person shall operate a
3.15motorcycle without wearing an eye-protective device.
3.16(b) The provisions of this subdivision shall not apply to persons during their
3.17participation in a parade for which parade a permit or other official authorization has been
3.18granted by a local governing body or other governmental authority or to persons riding
3.19within an enclosed cab.
3.20(c) A person over the age of 18 years may operate or ride a motorcycle without
3.21wearing the protective headgear required under paragraph (a) if the owner of the
3.22motorcycle has a plan of reparation security, as defined in section 65B.43, subdivision
3.2315, on the motorcycle that provides medical expense benefits of at least $250,000 and at
3.24least that amount for the total of income loss, replacement services loss, funeral expense
3.25loss, survivor's economic loss, and survivor's replacement services loss, all as described
3.26in section 65B.44. A person exercising the option provided under this paragraph must
3.27display, in the appropriate place on the motorcycle, the special license plate required under
3.28section 168.013, subdivision 1b.
3.29EFFECTIVE DATE.This section is effective January 1, 2013.
3.30 Sec. 7. REPEALER.
3.31Minnesota Statutes 2010, section 65B.46, subdivision 3, is repealed.
3.32EFFECTIVE DATE.This section is effective January 1, 2013.
