2002 Minnesota Statutes

     169A.60 Administrative impoundment of plates. 

    Subdivision 1.    Definitions.  (a) As used in this 
 section, the following terms have the meanings given in this 
 subdivision. 

    (b) "Motor vehicle" means a self-propelled motor vehicle 
 other than a motorboat in operation or an off-road recreational 
 vehicle. 

    (c) "Plate impoundment violation" includes: 

    (1) a violation of section 169A.20 (driving while impaired) 
 or 169A.52 (license revocation for test failure or refusal), or 
 a conforming ordinance from this state or a conforming statute 
 or ordinance from another state, that results in the revocation 
 of a person's driver's license or driving privileges, within ten 
 years of a qualified prior impaired driving incident; 

    (2) a license disqualification under section 171.165 
 (commercial driver's license disqualification) resulting from a 
 violation of section 169A.52 within ten years of a qualified 
 prior impaired driving incident; 

    (3) a violation of section 169A.20 or 169A.52 while having 
 an alcohol concentration of 0.20 or more as measured at the 
 time, or within two hours of the time, of the offense; 

    (4) a violation of section 169A.20 or 169A.52 while having 
 a child under the age of 16 in the vehicle if the child is more 
 than 36 months younger than the offender; and 

    (5) a violation of section 171.24 (driving without valid 
 license) by a person whose driver's license or driving 
 privileges have been canceled under section 171.04, subdivision 
 1, clause (10) (persons not eligible for driver's license, 
 inimical to public safety). 

    (d) "Significant relationship" has the same meaning as 
 given in section 609.341, subdivision 15, and includes any 
 person with whom the actor regularly associates and communicates 
 outside of a workplace setting. 

    (e) "Violator" means a person who was driving, operating, 
 or in physical control of the motor vehicle when the plate 
 impoundment violation occurred. 

    Subd. 2.    Plate impoundment violation; impoundment 
 order.  (a) The commissioner shall issue a registration plate 
 impoundment order when: 

    (1) a person's driver's license or driving privileges are 
 revoked for a plate impoundment violation; or 

    (2) a person is arrested for or charged with a plate 
 impoundment violation described in subdivision 1, paragraph (c), 
 clause (5). 

    (b) The order must require the impoundment of the 
 registration plates of the motor vehicle involved in the plate 
 impoundment violation and all motor vehicles owned by, 
 registered, or leased in the name of the violator, including 
 motor vehicles registered jointly or leased in the name of the 
 violator and another.  The commissioner shall not issue an 
 impoundment order for the registration plates of a rental 
 vehicle, as defined in section 168.041, subdivision 10, or a 
 vehicle registered in another state. 

    Subd. 3.    Notice of impoundment.  An impoundment order 
 is effective when the commissioner or a peace officer acting on 
 behalf of the commissioner notifies the violator or the 
 registered owner of the motor vehicle of the intent to impound 
 and order of impoundment.  The notice must advise the violator 
 of the duties and obligations set forth in subdivision 6 
 (surrender of plates) and of the right to obtain administrative 
 and judicial review.  The notice to the registered owner who is 
 not the violator must include the procedure to obtain new 
 registration plates under subdivision 8.  If mailed, the notice 
 and order of impoundment is deemed received three days after 
 mailing to the last known address of the violator or the 
 registered owner. 

    Subd. 4.    Peace officer as agent for notice of 
 impoundment.  On behalf of the commissioner, a peace officer 
 issuing a notice of intent to revoke and of revocation for a 
 plate impoundment violation shall also serve a notice of intent 
 to impound and an order of impoundment.  On behalf of the 
 commissioner, a peace officer who is arresting a person for or 
 charging a person with a plate impoundment violation described 
 in subdivision 1, paragraph (c), clause (5), shall also serve a 
 notice of intent to impound and an order of impoundment.  If the 
 vehicle involved in the plate impoundment violation is 
 accessible to the officer at the time the impoundment order is 
 issued, the officer shall seize the registration plates subject 
 to the impoundment order.  The officer shall destroy all plates 
 seized or impounded under this section.  The officer shall send 
 to the commissioner copies of the notice of intent to impound 
 and the order of impoundment and a notice that registration 
 plates impounded and seized under this section have been 
 destroyed. 

    Subd. 5.    Temporary permit.  If the motor vehicle is 
 registered to the violator, the officer shall issue a temporary 
 vehicle permit that is valid for seven days when the officer 
 issues the notices under subdivision 4.  If the motor vehicle is 
 registered in the name of another, the officer shall issue a 
 temporary vehicle permit that is valid for 45 days when the 
 notices are issued under subdivision 3.  The permit must be in a 
 form determined by the registrar and whenever practicable must 
 be posted on the left side of the inside rear window of the 
 vehicle.  A permit is valid only for the vehicle for which it is 
 issued. 

    Subd. 6.    Surrender of plates.  Within seven days 
 after issuance of the impoundment notice, a person who receives 
 a notice of impoundment and impoundment order shall surrender 
 all registration plates subject to the impoundment order that 
 were not seized by a peace officer under subdivision 4.  
 Registration plates required to be surrendered under this 
 subdivision must be surrendered to a Minnesota police 
 department, sheriff, or the state patrol, along with a copy of 
 the impoundment order.  A law enforcement agency receiving 
 registration plates under this subdivision shall destroy the 
 plates and notify the commissioner that they have been 
 destroyed.  The notification to the commissioner shall also 
 include a copy of the impoundment order. 

    Subd. 7.    Vehicle not owned by violator.  A violator 
 may file a sworn statement with the commissioner within seven 
 days of the issuance of an impoundment order stating any 
 material information relating to the impoundment order, 
 including that the vehicle has been sold or destroyed, and 
 supplying the date, name, location, and address of the person or 
 entity that purchased or destroyed the vehicle.  The 
 commissioner shall rescind the impoundment order if the violator 
 shows that the impoundment order was not properly issued. 

    Subd. 8.    Reissuance of registration plates.  (a) The 
 commissioner shall rescind the impoundment order of a person 
 subject to an order under this section, other than the violator, 
 if: 

    (1) the violator had a valid driver's license on the date 
 of the plate impoundment violation and the person files with the 
 commissioner an acceptable sworn statement containing the 
 following information: 

    (i) that the person is the registered owner of the vehicle 
 from which the plates have been impounded under this section; 

    (ii) that the person is the current owner and possessor of 
 the vehicle used in the violation; 

    (iii) the date on which the violator obtained the vehicle 
 from the registered owner; 

    (iv) the residence addresses of the registered owner and 
 the violator on the date the violator obtained the vehicle from 
 the registered owner; 

    (v) that the person was not a passenger in the vehicle at 
 the time of the plate impoundment violation; and 

    (vi) that the person knows that the violator may not drive, 
 operate, or be in physical control of a vehicle without a valid 
 driver's license; or 

    (2) the violator did not have a valid driver's license on 
 the date of the plate impoundment violation and the person made 
 a report to law enforcement before the violation stating that 
 the vehicle had been taken from the person's possession or was 
 being used without permission. 

    (b) A person who has failed to make a report as provided in 
 paragraph (a), clause (2), may be issued special registration 
 plates under subdivision 13 for a period of one year from the 
 effective date of the impoundment order.  At the next 
 registration renewal following this period, the person may apply 
 for regular registration plates. 

    (c) If the order is rescinded, the owner shall receive new 
 registration plates at no cost, if the plates were seized and 
 destroyed. 

    Subd. 9.    Administrative review.  (a) At any time 
 during the effective period of an impoundment order, a person 
 may request in writing a review of the impoundment order by the 
 commissioner.  On receiving a request, the commissioner or the 
 commissioner's designee shall review the order, the evidence 
 upon which the order was based, and any other material 
 information brought to the attention of the commissioner, and 
 determine whether sufficient cause exists to sustain the order.  
 The commissioner shall report in writing the results of the 
 review within 15 days of receiving the request.  The review 
 provided in this subdivision is not subject to the contested 
 case provisions of the Administrative Procedure Act in sections 
 14.001 to 14.69.  As a result of this review, the commissioner 
 may authorize the issuance at no cost of new registration plates 
 to the registered owner of the vehicle if the registered owner's 
 license or driving privileges were not revoked as a result of 
 the plate impoundment violation. 

    (b) Review under this subdivision must take place, if 
 possible, at the same time as any administrative review of the 
 person's license revocation under section 169A.53 
 (administrative and judicial review of license revocation). 

    Subd. 10.    Petition for judicial review.  (a) Within 
 30 days following receipt of a notice and order of impoundment 
 under this section, a person may petition the court for review.  
 The petition must include the petitioner's date of birth, 
 driver's license number, and date of the plate impoundment 
 violation.  The petition must state with specificity the grounds 
 upon which the petitioner seeks rescission of the order for 
 impoundment.  The petition may be combined with any petition 
 filed under section 169A.53 (administrative and judicial review 
 of license revocation). 

    (b) Except as otherwise provided in this section, the 
 judicial review and hearing are governed by section 169A.53 and 
 must take place at the same time as any judicial review of the 
 person's license revocation under section 169A.53.  The filing 
 of the petition does not stay the impoundment order.  The 
 reviewing court may order a stay of the balance of the 
 impoundment period if the hearing has not been conducted within 
 60 days after filing of the petition upon terms the court deems 
 proper.  The court shall order either that the impoundment be 
 rescinded or sustained, and forward the order to the 
 commissioner.  The court shall file its order within 14 days 
 following the hearing. 

    (c) In addition to the issues described in section 169A.53, 
 subdivision 3 (judicial review of license revocation), the scope 
 of a hearing under this subdivision is limited to: 

    (1) whether the violator owns, is the registered owner of, 
 possesses, or has access to the vehicle used in the plate 
 impoundment violation; 

    (2) whether a member of the violator's household has a 
 valid driver's license, the violator or registered owner has a 
 limited license issued under section 171.30, the registered 
 owner is not the violator, and the registered owner has a valid 
 or limited driver's license, or a member of the registered 
 owner's household has a valid driver's license; and 

    (3) if the impoundment is based on a plate impoundment 
 violation described in subdivision 1, paragraph (c), clause (3) 
 or (4), whether the peace officer had probable cause to believe 
 the violator committed the plate impoundment violation and 
 whether the evidence demonstrates that the plate impoundment 
 violation occurred. 

    (d) In a hearing under this subdivision, the following 
 records are admissible in evidence: 

    (1) certified copies of the violator's driving record; and 

    (2) certified copies of vehicle registration records 
 bearing the violator's name. 

    Subd. 11.    Rescission of revocation; dismissal or 
 acquittal; new plates.  If: 

    (1) the driver's license revocation that is the basis for 
 an impoundment order is rescinded; 

    (2) the charges for the plate impoundment violation have 
 been dismissed with prejudice; or 

    (3) the violator has been acquitted of the plate 
 impoundment violation; 

 then the registrar of motor vehicles shall issue new 
 registration plates for the vehicle at no cost, when the 
 registrar receives an application that includes a copy of the 
 order rescinding the driver's license revocation, the order 
 dismissing the charges, or the judgment of acquittal. 

    Subd. 12.    Charge for reinstatement of plates in certain 
 situations.  When the registrar of motor vehicles reinstates a 
 person's registration plates after impoundment for reasons other 
 than those described in subdivision 11, the registrar shall 
 charge the person $50 for each vehicle for which the 
 registration plates are being reinstated. 

    Subd. 13.    Special registration plates.  (a) At any 
 time during the effective period of an impoundment order, a 
 violator or registered owner may apply to the commissioner for 
 new registration plates, which must bear a special series of 
 numbers or letters so as to be readily identified by traffic law 
 enforcement officers.  The commissioner may authorize the 
 issuance of special plates if: 

    (1) the violator has a qualified licensed driver whom the 
 violator must identify; 

    (2) the violator or registered owner has a limited license 
 issued under section 171.30; 

    (3) the registered owner is not the violator and the 
 registered owner has a valid or limited driver's license; 

    (4) a member of the registered owner's household has a 
 valid driver's license; or 

    (5) the violator has been reissued a valid driver's license.

    (b) The commissioner may not issue new registration plates 
 for that vehicle subject to plate impoundment for a period of at 
 least one year from the date of the impoundment order and until 
 the next regularly scheduled registration date following the 
 impoundment period.  In addition, if the owner is the violator, 
 new registration plates may not be issued for the vehicle unless 
 the person has been reissued a valid driver's license in 
 accordance with chapter 171. 

    (c) A violator may not apply for new registration plates 
 for a vehicle at any time before the person's driver's license 
 is reinstated. 

    (d) The commissioner may issue the special plates on 
 payment of a $50 fee for each vehicle for which special plates 
 are requested. 

    (e) Paragraphs (a) to (d) notwithstanding, the commissioner 
 must issue upon request new registration plates for a vehicle 
 for which the registration plates have been impounded if: 

    (1) the impoundment order is rescinded; 

    (2) the vehicle is transferred in compliance with 
 subdivision 14; or 

    (3) the vehicle is transferred to a Minnesota automobile 
 dealer licensed under section 168.27, a financial institution 
 that has submitted a repossession affidavit, or a government 
 agency. 

    Subd. 14.    Sale of vehicle subject to impoundment order. 
  (a) A registered owner may not sell or transfer a motor 
 vehicle during the time its registration plates have been 
 ordered impounded or during the time its registration plates 
 bear a special series number, unless: 

    (1) the sale is for a valid consideration; 

    (2) the transferee and the registered owner: 

    (i) are not, and have not been, related by blood, adoption, 
 or marriage; 

    (ii) do not reside in the same household; and 

    (iii) do not have, and have not had at any time, a 
 significant relationship with one another; 

    (3) the transferee signs an acceptable sworn statement with 
 the commissioner attesting that: 

    (i) the transferee and the violator do not have, and have 
 not had at any time, a significant relationship with one 
 another; 

    (ii) the transferee understands that the vehicle is subject 
 to an impoundment order; and 

    (iii) it is a crime under section 169A.37 to file a false 
 statement under this section or to allow the previously 
 registered owner to drive, operate, or be in control of the 
 vehicle during the impoundment period; and 

    (4) all elements of section 168A.10 (transfer of interest 
 by owner) are satisfied. 

    (b) If the conditions of paragraph (a) are satisfied, the 
 registrar may transfer the title to the new owner upon proper 
 application and issue new registration plates for the vehicle. 

    Subd. 15.    Acquiring another vehicle.  If the violator 
 applies to the commissioner for registration plates for any 
 vehicle during the effective period of the plate impoundment, 
 the commissioner shall not issue registration plates unless the 
 violator qualifies for special registration plates under 
 subdivision 13 and unless the plates issued are special plates 
 as described in subdivision 13. 

    Subd. 16.    Fees credited to highway user fund.  Fees 
 collected from the sale or reinstatement of license plates under 
 this section must be paid into the state treasury and credited 
 one-half to the highway user tax distribution fund and one-half 
 to the general fund. 

    Subd. 17.    Plate impoundment; penalty.  Criminal 
 penalties for violating this section are governed by section 
 169A.37.  

    Subd. 18.    Stop of vehicles bearing special plates.  
 The authority of a peace officer to stop a vehicle bearing 
 special plates is governed by section 168.0422. 

    HIST: 2000 c 478 art 1 s 36; 1Sp2001 c 8 art 12 s 9-11