HF 3337

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/21/2023 12:51pm

A bill for an act
relating to natural resources; modifying provisions for operating all-terrain vehicles
on public roads; amending Minnesota Statutes 2022, section 84.928, subdivision
1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 84.928, subdivision 1, is amended to read:

Subdivision 1.

Operation on roads and rights-of-way.

(a) Unless otherwise allowed
in sections 84.92 to 84.928 or by local ordinance under paragraph (k), a person shall not
operate an all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank
or slope of a public road right-of-way of a trunk, county state-aid, or county highway.

(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside bank or
slope of a trunk, county state-aid, or county highway unless prohibited under paragraph (d)
or (f).

(c) A person may operate a class 1 all-terrain vehicle designed by the manufacturer for
off-road use to be driven by a steering wheel and equipped with operator and passenger seat
belts and a roll-over protective structure or a class 2 all-terrain vehicle:

(1) within the public road right-of-way of a county state-aid or county highway on the
right shoulder or the extreme right-hand side of the road and left turns may be made from
any part of the road if it is safe to do so under the prevailing conditions, unless prohibited
under paragraph (d) or (f);

(2) on the bank, slope, or ditch of a public road right-of-way of a trunk, county state-aid,
or county highway but only to access businesses or make trail connections, and left turns
may be made from any part of the road if it is safe to do so under the prevailing conditions,
unless prohibited under paragraph (d) or (f); and

(3) on the bank or ditch of a public road right-of-way on a designated class 2 all-terrain
vehicle trail.

(d) A road authority as defined under section 160.02, subdivision 25, may after a public
hearing restrict the use of all-terrain vehicles in the public road right-of-way under its
jurisdiction.

(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the operation
of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope
of a trunk, interstate, county state-aid, or county highway:

(1) that is part of a funded grant-in-aid trail; or

(2) when the all-terrain vehicle is owned by or operated under contract with:

(i) a road authority as defined under section 160.02, subdivision 25; or

(ii) a publicly or privately owned utility or pipeline company and used for work on
utilities or pipelines.

(f) The commissioner may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes:

(1) degradation of vegetation on adjacent public property;

(2) siltation of waters of the state;

(3) impairment or enhancement to the act of taking game; or

(4) a threat to safety of the right-of-way users or to individuals on adjacent public
property.

The commissioner must notify the road authority as soon as it is known that a closure
will be ordered. The notice must state the reasons and duration of the closure.

(g) A person may operate an all-terrain vehicle registered for private use and used for
agricultural purposes on a public road right-of-way of a trunk, county state-aid, or county
highway in this state if the all-terrain vehicle is operated on the extreme right-hand side of
the road, and left turns may be made from any part of the road if it is safe to do so under
the prevailing conditions.

(h) A person shall not operate an all-terrain vehicle within the public road right-of-way
of a trunk, county state-aid, or county highway from April 1 to August 1 in the agricultural
zone unless the vehicle is being used exclusively as transportation to and from work on
agricultural lands. This paragraph does not apply to an agent or employee of a road authority,
as defined in section 160.02, subdivision 25, or the Department of Natural Resources when
performing or exercising official duties or powers.

(i) A person shall not operate an all-terrain vehicle within the public road right-of-way
of a trunk, county state-aid, or county highway between the hours of one-half hour after
sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and
in the same direction as the highway traffic on the nearest lane of the adjacent roadway.

(j) A person shall not operate an all-terrain vehicle at any time within the right-of-way
of an interstate highway or freeway within this state.

(k) A county, city, or town, acting through its governing body, may by ordinance allow
a person to operate an all-terrain vehicle on a public road or street under its jurisdiction to
access businesses and residences and to make trail connections.

new text begin (l) When its population is less than 25,000, a statutory or home rule charter city or a
town, acting through its governing body, may by ordinance allow a person to operate an
all-terrain vehicle on the roadway or shoulder of a trunk highway segment located within
its jurisdiction that has a speed limit of 30 miles per hour or less.
new text end