1.1 	A bill for an act
1.2 	relating to natural resources; modifying all-terrain vehicle operating provisions;
1.3 	amending Minnesota Statutes 2006, sections 84.9256, subdivision 2, by adding a 
1.4 	subdivision; 84.9257; 84.926, by adding a subdivision; 84.928, subdivision 1; 
1.5 	169A.35, subdivision 1; repealing Minnesota Statutes 2006, section 84.928, 
1.6 	subdivision 8.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2006, section 84.9256, subdivision 2, is amended to read:
1.9 		Subd. 2.Helmet and seat belts required. (a) A person less than 18 years of age 
1.10 	shall not operate ride as a passenger or as an operator of an all-terrain vehicle on public 
1.11 	land, public waters, or on a public road right-of-way unless wearing a safety helmet 
1.12 	approved by the commissioner of public safety.
1.13 	(b) A person less than 18 years of age shall not ride as a passenger or as an operator of 
1.14 	a class 2 all-terrain vehicle without wearing a seat belt when provided by the manufacturer.

1.15 	Sec. 2. Minnesota Statutes 2006, section 84.9256, is amended by adding a subdivision 
1.16 	to read:
1.17 		Subd. 2a.Parent or guardian authorization. A person under age 16 shall not 
1.18 	operate and a person shall not allow a person under age 16 to operate an all-terrain vehicle, 
1.19 	unless the parent or guardian of the person under age 16 authorizes the operation. For 
1.20 	purposes of this subdivision, "guardian" means the legal guardian of the person under age 
1.21 	16 or a person age 18 or older who has been authorized by the parent or legal guardian to 
1.22 	supervise the person under age 16.

2.1 	Sec. 3. Minnesota Statutes 2006, section 84.9257, is amended to read:
2.2 	84.9257 PASSENGERS.
2.3 	(a) A parent or guardian may operate a class 1 all-terrain vehicle carrying one 
2.4 	passenger who is under 16 years of age and who wears a safety helmet approved by the 
2.5 	commissioner of public safety.
2.6 	(b) For the purpose of this section, "guardian" means a legal guardian of a person 
2.7 	under age 16, or a person 18 or older who has been authorized by the parent or legal 
2.8 	guardian to supervise the person under age 16.
2.9 	(c) (a) A person 18 years of age or older may operate an a class 1 all-terrain vehicle 
2.10 	carrying one passenger who is 16 or 17 years of age and wears a safety helmet approved 
2.11 	by the commissioner of public safety.
2.12 	(d) (b) A person 18 years of age or older may operate an all-terrain vehicle carrying 
2.13 	one passenger who is 18 years of age or older.
2.14 	(e) An operator of a class 2 all-terrain vehicle may carry two passengers while 
2.15 	carrying a passenger, or up to the number of passengers for which the vehicle was 
2.16 	designed, whichever is greater.

2.17 	Sec. 4. Minnesota Statutes 2006, section 84.926, is amended by adding a subdivision 
2.18 	to read:
2.19 		Subd. 6.Operation; class 2 vehicles. Except as provided in subdivision 4, 
2.20 	operation of class 2 all-terrain vehicles on lands administered by the commissioner is 
2.21 	limited to forest roads, minimum maintenance roads, and trails designated or signed for 
2.22 	class 2 all-terrain vehicles.

2.23 	Sec. 5. Minnesota Statutes 2006, section 84.928, subdivision 1, is amended to read:
2.24 		Subdivision 1.Operation on roads and rights-of-way; class 1 vehicles. (a) Unless 
2.25 	otherwise allowed in sections 84.92 to 84.929, a person shall not operate a class 1 an
2.26 	all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope 
2.27 	of a public road right-of-way of a trunk, county state-aid, or county highway other than.
2.28 	(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside 
2.29 	bank or slope of a trunk, county state-aid, or county highway unless prohibited under 
2.30 	paragraph (b) (d) or (f).
2.31 	(c) A person may operate a class 2 all-terrain vehicle within the public road 
2.32 	right-of-way of a county state-aid or county highway on the extreme right-hand side of 
2.33 	the road and left turns may be made from any part of the road if it is safe to do so under 
2.34 	the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may 
3.1 	operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a 
3.2 	designated class 2 all-terrain vehicle trail.
3.3 	(b) (d) A road authority as defined under section 160.02, subdivision 25, may after a 
3.4 	public hearing restrict the use of class 1 all-terrain vehicles in the ditch or outside bank or 
3.5 	slope of a public road right-of-way under its jurisdiction.
3.6 	(c) (e) The restrictions in paragraphs (a), (b), (g), (d), (h), and (i), and (j) do not 
3.7 	apply to the operation of a class 1 an all-terrain vehicle on the shoulder, inside bank or 
3.8 	slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county 
3.9 	highway when the class 1 all-terrain vehicle is:
3.10 	(1) owned by or operated under contract with a publicly or privately owned utility 
3.11 	or pipeline company; and
3.12 	(2) used for work on utilities or pipelines.
3.13 	(d) (f) The commissioner may limit the use of a right-of-way for a period of time if 
3.14 	the commissioner determines that use of the right-of-way causes:
3.15 	(1) degradation of vegetation on adjacent public property;
3.16 	(2) siltation of waters of the state;
3.17 	(3) impairment or enhancement to the act of taking game; or
3.18 	(4) a threat to safety of the right-of-way users or to individuals on adjacent public 
3.19 	property.
3.20 	(e) The commissioner must notify the road authority as soon as it is known that a 
3.21 	closure will be ordered. The notice must state the reasons and duration of the closure.
3.22 	(f) (g) A person may operate a class 1an all-terrain vehicle registered for private 
3.23 	use and used for agricultural purposes or a class 2 all-terrain vehicle on a public road 
3.24 	right-of-way of a trunk, county state-aid, or county highway in this state if the class 1
3.25 	or class 2 all-terrain vehicle is operated on the extreme right-hand side of the road, and 
3.26 	left turns may be made from any part of the road if it is safe to do so under the prevailing 
3.27 	conditions.
3.28 	(g) (h) A person shall not operate a class 1an all-terrain vehicle within the public 
3.29 	road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 
3.30 	in the agricultural zone unless the vehicle is being used exclusively as transportation to and 
3.31 	from work on agricultural lands. This paragraph does not apply to an agent or employee 
3.32 	of a road authority, as defined in section 160.02, subdivision 25, or the Department of 
3.33 	Natural Resources when performing or exercising official duties or powers.
3.34 	(h) (i) A person shall not operate a class 1 an all-terrain vehicle within the public 
3.35 	road right-of-way of a trunk, county state-aid, or county highway between the hours of 
3.36 	one-half hour after sunset to one-half hour before sunrise, except on the right-hand side 
4.1 	of the right-of-way and in the same direction as the highway traffic on the nearest lane 
4.2 	of the adjacent roadway.
4.3 	(i) (j) A person shall not operate a class 1 an all-terrain vehicle at any time within the 
4.4 	right-of-way of an interstate highway or freeway within this state.

4.5 	Sec. 6. Minnesota Statutes 2006, section 169A.35, subdivision 1, is amended to read:
4.6 		Subdivision 1.Definitions. As used in this section:
4.7 	(1) "alcoholic beverage" has the meaning given it in section 340A.101, subdivision 2; 
4.8 	(2) "distilled spirits" has the meaning given it in section 340A.101, subdivision 9; 
4.9 	(3) "motor vehicle" does not include motorboats in operation, or off-road recreational 
4.10 	vehicles except when being operated on a roadway or shoulder of a roadway that is not 
4.11 	part of a grant-in-aid trail or trail designated for that vehicle by the commissioner of 
4.12 	natural resources;
4.13 	(4) "possession" means either that the person had actual possession of the bottle or 
4.14 	receptacle or that the person consciously exercised dominion and control over the bottle 
4.15 	or receptacle; and
4.16 	(5) "3.2 percent malt liquor" has the meaning given it in section 340A.101, 
4.17 	subdivision 19. 

4.18 	Sec. 7.  REPEALER.
 4.19 	Minnesota Statutes 2006, section 84.928, subdivision 8, is repealed.