2000 Minnesota Statutes

CHAPTER 168C. Bicycle registration

     168C.01 Policy statement. 

    The legislature of the state of Minnesota finds that the 
 use of bicycles as a means of travel and recreation embodying 
 physical, environmental and social benefits is already 
 recognized by many people in the state, and will be further 
 encouraged given the opportunity for safe, convenient and 
 pleasant bicycle travel.  The legislature further finds that 
 dependence on the private automobile must be reduced, 
 particularly in the light of an energy shortage and 
 encouragement of increased bicycle usage by the provision and 
 maintenance of bikeways and with the addition of some traffic 
 laws designed for the orderly integration of bicycles into 
 traffic systems, is a way of reducing this dependence.  However, 
 the growth in popularity of the bicycle as a mode of 
 transportation and as a recreational vehicle has led to an 
 increase in the number of bicycle thefts.  To more effectively 
 deal with the problems associated with theft and to aid in the 
 recovery of stolen bicycles, a statewide bicycle registration 
 system is hereby created. 

    HIST: 1976 c 199 s 1 

     168C.02 Definitions. 

    Subdivision 1.    Scope.  For purposes of Laws 1976, 
 chapter 199, the terms defined in this section shall have the 
 meanings given them. 

    Subd. 2.    Bicycle.  "Bicycle" means every device 
 propelled by human power upon which a person may ride, having 
 two tandem wheels either of which is over 14 inches in diameter, 
 or any device generally recognized as a bicycle though equipped 
 with two front or rear wheels, or a unicycle. 

    Subd. 3.    Bicycle dealer.  "Bicycle dealer" means a 
 person, firm, partnership, association, or corporation which is 
 engaged, wholly or partly, in the business of selling bicycles, 
 or buying or taking in trade bicycles for the purpose of resale, 
 selling, or offering for sale, or otherwise dealing in bicycles, 
 whether or not the bicycles are owned by the person or entity.  
 The term does not include agents or employees of the person or 
 entity. 

    Subd. 4.    Commissioner.  "Commissioner" means the 
 commissioner of public safety. 

    Subd. 5.    License plate.  "License plate" means a tag, 
 plate, seal or other device which can be securely attached to a 
 bicycle and is issued upon registration of the bicycle. 

    HIST: 1976 c 199 s 2; 1977 c 41 s 1 

     168C.03 Registration application. 

    On or after March 1, 1977 any owner of a bicycle may apply 
 for registration of the bicycle to the commissioner, to any 
 deputy registrar of motor vehicles acting pursuant to section 
 168.33 or to any deputy registrar of bicycles appointed by the 
 commissioner pursuant to section 168C.11.  Applications shall 
 contain the name and address of the owner, the signature of the 
 owner, the name and address of the person from whom purchased, 
 the date of purchase, the date of registration, the make, serial 
 number, and any additional information as the commissioner may 
 require.  Applications shall be on a three-part form provided by 
 the commissioner.  The original shall be retained by or 
 immediately forwarded to the commissioner, the second copy shall 
 be retained by the purchaser and the third copy shall be 
 retained for one year by the deputy registrar, if any, who 
 received the application.  The commissioner shall designate a 
 number to be stamped or otherwise permanently affixed on the 
 frames of bicycles on which no serial number can be found, or on 
 which the number is illegible or insufficient for identification 
 purposes. 

    HIST: 1976 c 199 s 3; 1977 c 41 s 2 

     168C.04 Registration requirements, fee, account, 
  appropriation. 

    Subdivision 1.    Three-year registration fee; procedures. 
  The registration fee for bicycles shall be $9 after July 1, 
 1991.  These fees shall be paid at the time of registration.  
 The fees, and any donations in excess of the fees must be 
 deposited in a bicycle transportation account in the special 
 revenue fund.  Proof of purchase is required for registration.  
 Bicycles lacking proof of purchase may be registered if there is 
 no evidence that the bicycle is stolen.  However, the 
 registration record must be marked to indicate that no proof of 
 purchase was provided.  The registration is valid for three 
 calendar years.  A person registering a bicycle may add an 
 additional amount to the registration fee, and all amounts so 
 added must be deposited in the same manner as registration 
 fees.  A person registering a bicycle must at the time of 
 registration be informed that a registrant may add an additional 
 amount to the fee and that all such additional amounts will be 
 used for the purposes specified in subdivision 2. 

    Subd. 2.    Bicycle transportation account; money 
 allocated.  A bicycle transportation account is created in the 
 special revenue fund.  All funds in the account, up to a maximum 
 of $160,000 in a fiscal year, are annually appropriated as 
 follows: 

    (1) one-half to the commissioner of transportation for the 
 development of bicycle transportation and recreational 
 facilities on public highways, including but not limited to 
 bicycle lanes and ways on highways, off-road bicycle trails, and 
 bicycle mapping; and 

    (2) one-half to the commissioner of public safety for 
 bicycle safety programs, administration of the bicycle 
 registration program, and public information and education 
 designed to encourage participation in the program. 

    Subd. 3.    Considerations before money distributed.  An 
 agency of the state expending funds from the bicycle 
 transportation account must, in making expenditures for the 
 purposes of subdivision 2, paragraph (c), give consideration to 
 participation or nonparticipation by a political subdivision in 
 the bicycle registration program as provided in section 168C.13 
 and the extent of local public participation in the program 
 before approving a project or expenditure in that political 
 subdivision.  

    Subd. 4.  Repealed by amendment, 1991 c 233 s 59 

    HIST: 1976 c 199 s 4; 1984 c 572 s 1; 1986 c 444; 1991 c 233 s 
 59 

     168C.05 Report of transfer. 

    Every person who sells or transfers ownership of any 
 bicycle registered pursuant to Laws 1976, chapter 199 shall 
 report the sale or transfer to the commissioner, indicating the 
 name and address of the person to whom the bicycle was sold or 
 transferred.  The report shall be made within 14 days of the 
 sale or transfer. 

    HIST: 1976 c 199 s 5 

     168C.06 Notification of change of address. 

    Upon moving or change of address, the owner of a bicycle 
 registered pursuant to Laws 1976, chapter 199 shall notify the 
 commissioner in writing of the new address within 14 days. 

    HIST: 1976 c 199 s 6; 1986 c 444 

     168C.07 License plates. 

    The commissioner shall provide to the registrant a suitable 
 registration card having the registration number stamped thereon 
 and indicating the date of registration, the make and serial 
 number of the bicycle, the owner's name and address, and any 
 additional information as the commissioner may require.  
 Information concerning each registration shall be retained by 
 the commissioner.  The commissioner shall issue a license plate 
 which shall be securely attached to the bicycle covered by the 
 registration.  Upon a satisfactory showing that the license 
 plate or registration card has been lost or destroyed the 
 commissioner shall issue a replacement license plate or 
 registration card upon payment of a fee of $1.  All fees so 
 collected shall be deposited to the general fund. 

    HIST: 1976 c 199 s 7; 1977 c 41 s 3 

     168C.08 Altering serial number; penalty. 

    No person shall willfully remove, destroy, mutilate or 
 otherwise alter the serial number or equivalent number of any 
 bicycle designated by the commissioner pursuant to section 
 168C.03.  No person shall willfully remove, destroy, mutilate, 
 or otherwise alter any license plate during the time in which 
 the license plate is operative.  Any person who violates the 
 provisions of this section is guilty of a misdemeanor. 

    HIST: 1976 c 199 s 8 

     168C.09 Theft; penalty. 

    Subdivision 1.    Reports; entry into crime information 
 center.  The local law enforcement agency shall report the 
 theft of all bicycles registered pursuant to Laws 1976, chapter 
 199 to the department of public safety within five days.  
 Reports of the stolen bicycles shall be entered in the Minnesota 
 crime information center of the department of public safety.  
 When the stolen bicycle has been recovered by a local law 
 enforcement agency, the agency shall report the recovery to the 
 department of public safety within five days of the recovery. 

    Subd. 2.    Records.  The commissioner shall maintain a 
 record of all bicycles registered pursuant to Laws 1976, chapter 
 199 in the state in an automated system.  The records shall be 
 available to all authorized law enforcement agencies through the 
 Minnesota crime information center. 

    Subd. 3.    Violation and penalty.  Any person who 
 knowingly sells or offers for sale a bicycle registered under 
 Laws 1976, chapter 199 which is not owned by that person or a 
 family member is guilty of theft and subject to punishment under 
 section 609.52, subdivision 3. 

    HIST: 1976 c 199 s 9; 1986 c 444 

     168C.10 Tampering; penalty. 

    No person, other than the owner or the owner's authorized 
 agent, except for protection of the bicycle, shall tamper with 
 any bicycle which has been locked or placed in a rack or 
 otherwise secured.  Any person who violates the provision of 
 this section is guilty of a misdemeanor. 

    HIST: 1976 c 199 s 10 

     168C.11 Deputy registrars of bicycles. 

    Subdivision 1.    Appointment.  Subject to the 
 provisions of subdivision 2, the commissioner shall appoint as 
 deputy registrars of bicycles any bicycle dealer, or agent or 
 employee thereof, or agent or employee of a nonprofit 
 organization promoting bicycling or in whose activities 
 bicycling plays an integral part, or an agent or employee 
 designated by a municipality that sells bicycles at public 
 auction who applies for appointment in a manner prescribed by 
 the commissioner; provided that concurrently there may be no 
 more than one deputy for each separate place of business of a 
 bicycle dealer.  Deputy registrars of bicycles shall act as 
 agents of the commissioner and may accept registrations as 
 provided in Laws 1976, chapter 199, except that no deputy 
 registrar of bicycles shall be required to register bicycles 
 sold by other bicycle dealers.  The commissioner, deputy 
 registrars of motor vehicles, and deputy registrars of bicycles 
 may charge and retain an additional $1 per registration granted 
 for their services.  In the case of a deputy registrar of motor 
 vehicles, the $1 shall be deposited in the treasury of the place 
 for which the deputy registrar is appointed, or if not a public 
 official the deputy registrar shall retain the filing fee.  
 Other registration fees collected by the commissioner, deputy 
 registrars of motor vehicles, and deputy registrars of bicycles 
 shall be processed, accounted for, and transmitted to the state 
 treasurer as required by the commissioner. 

    Subd. 2.    Denial, suspension or revocation of 
 appointment.  The commissioner, without prior notice or 
 hearing, may issue an order denying, suspending or revoking any 
 appointment made or applied for pursuant to this section upon 
 finding that the applicant or deputy registrar of bicycles has 
 violated or failed to comply with any provision of Laws 1976, 
 chapter 199 or any rule adopted hereunder. Upon the entry of 
 such an order the commissioner shall promptly serve a copy 
 thereof on the applicant or deputy registrar of bicycles.  The 
 order shall state the reasons for its issuance and, in the case 
 of a suspension or revocation of appointment, shall specify that 
 upon the written request of the deputy registrar of bicycles the 
 matter will be set for hearing within 15 days after the receipt 
 of the request, provided that with the consent of the deputy 
 registrar of bicycles a hearing may be held subsequent to the 
 expiration of the period specified herein. If no hearing is 
 requested, the order will remain in effect until it is modified 
 or vacated by the commissioner.  If a hearing is requested, the 
 commissioner, after notice and hearing in accordance with the 
 provisions of chapter 14, shall affirm, modify or vacate the 
 order. 

    HIST: 1976 c 199 s 11; 1977 c 41 s 4,5; 1981 c 363 s 25; 1982 
 c 424 s 130; 1984 c 572 s 2; 1986 c 444 

     168C.12 Administration; rules. 

    The commissioner shall adopt rules for the implementation 
 and administration of Laws 1976, chapter 199 no later than March 
 1, 1977.  The commissioner shall begin to accept registrations 
 and implement Laws 1976, chapter 199 on March 1, 1977.  Nothing 
 herein shall be construed to prevent the commissioner from 
 contracting any service provided under Laws 1976, chapter 199 to 
 any private person or entity or other unit of government. 

    HIST: 1976 c 199 s 12; 1977 c 41 s 6 

     168C.13 Registration by political subdivision. 

    Subdivision 1.    Bicycle registration powers of political 
 subdivision.  After February 28, 1977, no political 
 subdivision may license or register bicycles except as a deputy 
 registrar pursuant to section 168C.11, subdivision 1.  However, 
 any political subdivision which had such power prior to March 1, 
 1977, may thereafter require that any or all bicycles used or 
 ridden upon any highway, street, alley, sidewalk or other public 
 property within the boundaries thereof shall be registered.  
 Applications for new registrations required pursuant to this 
 subdivision shall be made to the commissioner in the same manner 
 and subject to the same rules, fees and penalties as those made 
 voluntarily pursuant to section 168C.03. 

    Subd. 2.    Records of registration; notice of transfers. 
  Any political subdivision of the state which licensed or 
 registered bicycles prior to March 1, 1977, may after such date, 
 continue to maintain its licensing or registration records and 
 may require the owner of record as of March 1, 1977, of any 
 bicycle registered therewith on or prior to that date to notify 
 the political subdivision upon selling or otherwise transferring 
 ownership of the bicycle. 

    Subd. 3.    Registration of impounded bicycles upon sale. 
  A political subdivision that sells bicycles it has impounded 
 may require that the purchaser of an impounded bicycle register 
 the bicycle under section 168C.03 as a condition of the sale. 

    HIST: 1976 c 199 s 13; 1977 c 41 s 7; 1985 c 248 s 70; 1986 c 
 444; 2000 c 462 s 1