84.795 OPERATION REQUIREMENTS; LOCAL REGULATION.
Subdivision 1.
Operation on public road rights-of-way. (a) A person may not operate an
off-highway motorcycle within the right-of-way of a town road or a trunk, county state-aid, or
county highway in this state unless the right-of-way encompasses:
(1) a trail administered by the commissioner and designated for off-highway motorcycle
use or multiple use; or
(2) a corridor access trail designated under paragraph (b).
(b) A road authority, as defined in section
160.02, subdivision 25, may designate, with the
approval of the commissioner, corridor access trails on public road rights-of-way for gaining
access to established off-highway motorcycle trails.
(c) A person may not operate an off-highway motorcycle upon a trunk, county state-aid, or
county highway in this state unless the vehicle is equipped with at least one headlight and one
taillight, each of minimum candlepower as prescribed by rule of the commissioner, and with
brakes conforming to standards prescribed by rule of the commissioner, all of which are subject to
the approval of the commissioner of public safety.
(d) A person may not operate an off-highway motorcycle at any time within the right-of-way
of an interstate highway or freeway within this state.
Subd. 2.
Crossing public road right-of-way. (a) A person operating an off-highway
motorcycle may make a direct crossing of a public road right-of-way provided:
(1) the crossing is made at an angle of approximately 90 degrees to the direction of the road
and at a place where no obstruction prevents a quick and safe crossing;
(2) the off-highway motorcycle is brought to a complete stop before crossing the shoulder
or main traveled way of the road;
(3) the driver yields the right-of-way to all oncoming traffic that constitutes an immediate
hazard;
(4) in crossing a divided road, the crossing is made only at an intersection of the road with
another public road; and
(5) if the crossing is made between the hours of one-half hour after sunset to one-half hour
before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
(b) Chapters 169 and 169A apply to the operation of off-highway motorcycles upon streets
and highways, except for those provisions relating to required equipment and those provisions
that by their nature have no application.
Subd. 3.
Exemptions. Subdivisions 1 and 2 do not apply to vehicles registered for public
road use under chapter 168 when being operated on a traveled portion of a public road.
Subd. 4.
Operation generally. A person may not drive or operate an off-highway motorcycle:
(1) at a rate of speed greater than reasonable or proper under the surrounding circumstances;
(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or damage
to the person or property of another;
(3) in a tree nursery or planting in a manner that damages or destroys growing stock;
(4) without a brake operational by either hand or foot;
(5) at a speed exceeding ten miles per hour on the frozen surface of public waters within 100
feet of a person fishing or a fishing shelter; or
(6) in a manner that violates operation rules adopted by the commissioner.
Subd. 5.
Operating under influence of alcohol or controlled substance. A person may
not operate or be in control of an off-highway motorcycle anywhere in this state or on the ice of
any boundary water of this state while under the influence of alcohol or a controlled substance,
as provided in section
169A.20, and is subject to sections
169A.50 to
169A.53. A conservation
officer of the Department of Natural Resources is a peace officer for the purposes of sections
169A.20 and
169A.50 to
169A.53 as applied to the operation of an off-highway motorcycle in a
manner not subject to registration under chapter 168.
Subd. 6.
Operation prohibited on airports. A person may not drive or operate an
off-highway motorcycle on an airport defined in section
360.013, subdivision 39.
Subd. 7.
Organized contests. Nothing in this section or chapter 169 prohibits the use of
off-highway motorcycles within the right-of-way of a state trunk or county state-aid highway or
upon public lands or waters under the jurisdiction of the commissioner of natural resources, in
an organized contest or event, subject to the consent of the official or board having jurisdiction
over the highway or public lands or waters.
In permitting the contest or event, the official or board having jurisdiction may prescribe
restrictions, conditions, or permit revocation procedures, as the official or board considers
advisable.
Subd. 8.
Regulations by political subdivisions. A county, city, or town, acting through its
governing body, may regulate the operation of off-highway motorcycles on public lands, waters,
and property under its jurisdiction other than public road rights-of-way within its boundaries, by
resolution or ordinance of the governing body and by giving appropriate notice, provided that:
(1) the regulations must be consistent with sections
84.787 to
84.796 and rules adopted
under section
84.79;
(2) an ordinance may not impose a fee for the use of public land or water under the
jurisdiction of either the Department of Natural Resources or another agency of the state, or for
the use of an access to it owned by the state, a county, or a city; and
(3) an ordinance may not require an off-highway motorcycle operator to possess a motor
vehicle driver's license while operating an off-highway motorcycle.
History: 1993 c 311 art 1 s 9; 2000 c 478 art 2 s 7