Minnesota Legislature
HF 1838
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to traffic regulations; authorizing local
governments to permit low-speed neighborhood electric
vehicles to be operated on residential roadways;
making clarifying changes; amending Minnesota Statutes
2004, sections 168.011, subdivision 4; 168.012,
subdivision 3a; 169.01, by adding a subdivision;
169.045.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 168.011,
subdivision 4, is amended to read:
Subd. 4.
Motor vehicle.
(a) "Motor vehicle" means any
self-propelled vehicle designed and originally manufactured to
operate primarily upon public roads and highways, and not
operated exclusively upon railroad tracks. It includes any
vehicle propelled or drawn by a self-propelled vehicle and
includes vehicles known as trackless trolleys that are propelled
by electric power obtained from overhead trolley wires but not
operated upon rails. It does not include snowmobiles,
manufactured homes, or park trailers.
(b) "Motor vehicle" also includes an all-terrain vehicle,
as defined in section 84.92, subdivision 8, that (1) has at
least four wheels, (2) is owned and operated by a physically
disabled person, and (3) displays both physically disabled
license plates and a physically disabled certificate issued
under section 169.345, subdivision 3.
(c) "Motor vehicle" does not include an all-terrain vehicle
as defined in section 84.92, subdivision 8; except (1) an
all-terrain vehicle described in paragraph (b), or (2) an
all-terrain vehicle licensed as a motor vehicle before August 1,
1985. The owner may continue to license an all-terrain vehicle
described in clause (2) as a motor vehicle until it is conveyed
or otherwise transferred to another owner, is destroyed, or
fails to comply with the registration and licensing requirements
of this chapter.
(d) "Motor vehicle" does not include an electric personal
assistive mobility device as defined in section 169.01,
subdivision 90.
new text begin
(e) "Motor vehicle" does not include a neighborhood
electric vehicle, as defined in section 169.01, subdivision 91.
new text end
Sec. 2.
Minnesota Statutes 2004, section 168.012,
subdivision 3a, is amended to read:
Subd. 3a.
Special permits.
Motorized golf cartsnew text begin ,
neighborhood electric vehicles,new text end and four-wheelnew text begin ,new text end all-terrain
vehicles operated under permit and on roadways designated
pursuant to section 169.045 are exempt from the provisions of
this chapter.
Sec. 3.
Minnesota Statutes 2004, section 169.01, is
amended by adding a subdivision to read:
new text begin Subd. 91. new text end
new text begin Neighborhood electric vehicle. new text end
new text begin
"Neighborhood
electric vehicle" means an electrically powered vehicle that has
four wheels in contact with the ground, that has an unladen
weight of less than 1,900 pounds, that is designed to and does
operate at a maximum speed of 25 miles per hour, and that can
carry no more than four persons, including the driver.
new text end
Sec. 4.
Minnesota Statutes 2004, section 169.045, is
amended to read:
169.045 SPECIAL VEHICLE USE ON ROADWAY.
Subdivision 1.
Designation of roadway, permit.
new text begin (a) new text end The
governing body of any county, home rule charter or statutory
city, or town may by ordinance authorize the operation ofnew text begin :
new text end
new text begin
(1) new text end motorized golf cartsdeleted text begin ,deleted text end or four-wheelnew text begin ,new text end all-terrain
vehiclesdeleted text begin ,deleted text end on designated roadways or portions thereof under its
jurisdictionnew text begin ; and
new text end
new text begin
(2) neighborhood electric vehicles that meet federal motor
vehicle safety standard 500 under Code of Federal Regulations,
title 49, section 571.500, on designated roadways having a
maximum speed limit of 35 miles per hour or less under its
jurisdictionnew text end .
new text begin
(b) new text end Authorization to operate a motorized golf cartnew text begin ,
neighborhood electric vehicle,new text end or four-wheelnew text begin ,new text end all-terrain
vehicle is by permit only.
new text begin
(c) new text end For purposes of this section, a four-wheelnew text begin ,new text end all-terrain
vehicle is a motorizednew text begin ,new text end flotation-tired vehicle with four
low-pressure tires that is limited in engine displacement of
less than 800 cubic centimeters and total dry weight less than
600 pounds.
Subd. 2.
Ordinance.
new text begin (a) new text end The ordinance deleted text begin shall deleted text end new text begin must
new text end
designate the roadways, prescribe the form of the application
for the permit, new text begin and new text end require evidence of insurance complying with
the provisions of section 65B.48, subdivision 5deleted text begin and deleted text end new text begin .
new text end
new text begin
(b) The ordinance new text end may prescribe conditions, not
inconsistent with the provisions of this section, under which a
permit may be granted. Permits may be granted for a period of
not to exceed one year, and may be annually renewed. A permit
may be revoked at any time if there is evidence that the
permittee cannot safely operate the motorized golf cartnew text begin ,
neighborhood electric vehicle,new text end or four-wheelnew text begin ,new text end all-terrain
vehicle on the designated roadways. The ordinance may require,
as a condition to obtaining a permit, that the applicant submit
a certificate signed by a physician that the applicant is able
to safely operate a motorized golf cartnew text begin , neighborhood electric
vehicle,new text end or four-wheelnew text begin ,new text end all-terrain vehicle on the roadways
designated.
Subd. 3.
Times of operation.
Motorized golf carts and
four-wheelnew text begin ,new text end all-terrain vehicles may only be operated on
designated roadways from sunrise to sunset. They deleted text begin shall deleted text end new text begin must new text end not
be operated in inclement weather or when visibility is impaired
by weather, smoke, fognew text begin ,new text end or other conditions, or at any time when
there is insufficient light to clearly see persons and vehicles
on the roadway at a distance of 500 feet.
Subd. 4.
Slow-moving vehicle emblem.
Motorized golf
carts deleted text begin shall deleted text end new text begin must new text end display the slow-moving vehicle emblem provided
for in section 169.522, when operated on designated roadways.
Subd. 5.
Crossing intersecting highways.
The operator,
under permit, of a motorized golf cartnew text begin , neighborhood electric
vehicle,new text end or four-wheelnew text begin ,new text end all-terrain vehicle may cross any street
or highway intersecting a designated roadway.
Subd. 6.
Application of traffic laws.
Every person
operating a motorized golf cartnew text begin , neighborhood electric vehicle,
new text end
or four-wheelnew text begin ,new text end all-terrain vehicle under permit on designated
roadways has all the rights and duties applicable to the driver
of any other vehicle under the provisions of this chapter,
except when those provisions cannot reasonably be applied to
motorized golf cartsnew text begin , neighborhood electric vehicles,new text end or
four-wheelnew text begin ,new text end all-terrain vehicles and except as otherwise
specifically provided in subdivision 7.
Subd. 7.
Nonapplication of certain laws.
new text begin (a) new text end The
provisions of chapter 171deleted text begin ,deleted text end are not applicable to persons
operating motorized golf cartsnew text begin , neighborhood electric vehicles,
new text end
or four-wheelnew text begin ,new text end all-terrain vehicles under permit on designated
roadways pursuant to this section. deleted text begin Except for the requirements
of section 169.70,
deleted text end
new text begin
(b) new text end The provisions of this chapter relating to equipment on
vehicles deleted text begin is deleted text end new text begin are new text end not applicable tonew text begin :
new text end
new text begin
(1) new text end motorized golf carts or four-wheelnew text begin ,new text end all-terrain
vehicles operating, under permit, on designated roadwaysnew text begin , except
for the requirements of section 169.70; and
new text end
new text begin
(2) neighborhood electric vehicles operating, under permit,
on designated roadways described in subdivision 1, but they are
subject to the equipment requirements of Code of Federal
Regulations, title 49, section 571.500new text end .
Subd. 8.
Insurance.
In the event persons operating a
motorized golf cartnew text begin , neighborhood electric vehicle,new text end or
four-wheel, all-terrain vehicle under this section cannot obtain
liability insurance in the private market, that person may
purchase automobile insurance, including no-fault coverage, from
the Minnesota Automobile Assigned Risk Plan at a rate to be
determined by the commissioner of commerce.