HF 406

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to snowmobiles; modifying registration fees; 
  1.3             requiring liability insurance; modifying rulemaking 
  1.4             authority; establishing night speed limit; requiring a 
  1.5             safety certificate; modifying youth restrictions; 
  1.6             providing civil and criminal penalties; amending 
  1.7             Minnesota Statutes 1996, sections 84.82, subdivision 
  1.8             3; 84.86, subdivision 1; 84.87, subdivision 2; and 
  1.9             84.872, subdivisions 1, 3, and by adding a 
  1.10            subdivision; proposing coding for new law in Minnesota 
  1.11            Statutes, chapter 84. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 84.82, 
  1.14  subdivision 3, is amended to read: 
  1.15     Subd. 3.  [FEES FOR REGISTRATION.] (a) The fee for 
  1.16  registration of each snowmobile, other than those used for an 
  1.17  agricultural purpose, as defined in section 84.92, subdivision 
  1.18  1c, or those registered by a dealer or manufacturer pursuant to 
  1.19  clause (b) or (c) shall be as follows:  $30 for three years for 
  1.20  a snowmobile with an engine displacement of 335 cubic 
  1.21  centimeters or less; $60 for a snowmobile with an engine 
  1.22  displacement over 335 cubic centimeters; and $4 for a duplicate 
  1.23  or transfer. 
  1.24     (b) The total registration fee for all snowmobiles owned by 
  1.25  a dealer and operated for demonstration or testing purposes 
  1.26  shall be $50 per year. 
  1.27     (c) The total registration fee for all snowmobiles owned by 
  1.28  a manufacturer and operated for research, testing, 
  2.1   experimentation, or demonstration purposes shall be $150 per 
  2.2   year.  Dealer and manufacturer registrations are not 
  2.3   transferable. 
  2.4      Sec. 2.  Minnesota Statutes 1996, section 84.86, 
  2.5   subdivision 1, is amended to read: 
  2.6      Subdivision 1.  With a view of achieving maximum use of 
  2.7   snowmobiles consistent with protection of the environment the 
  2.8   commissioner of natural resources shall adopt rules in the 
  2.9   manner provided by chapter 14, for the following purposes: 
  2.10     (1) Registration of snowmobiles and display of registration 
  2.11  numbers. 
  2.12     (2) Use of snowmobiles insofar as game and fish resources 
  2.13  are affected. 
  2.14     (3) Use of snowmobiles on public lands and waters, or on 
  2.15  grant-in-aid trails. 
  2.16     (4) Uniform signs to be used by the state, counties, and 
  2.17  cities, which are necessary or desirable to control, direct, or 
  2.18  regulate the operation and use of snowmobiles. 
  2.19     (5) Specifications relating to snowmobile mufflers. 
  2.20     (6) A comprehensive snowmobile information and safety 
  2.21  education and training program, including but not limited to the 
  2.22  preparation and dissemination of snowmobile information and 
  2.23  safety advice to the public, the training of snowmobile 
  2.24  operators, and the issuance of snowmobile safety certificates to 
  2.25  snowmobile operators who successfully complete the snowmobile 
  2.26  safety education and training course.  For the purpose of 
  2.27  administering such program and to defray a portion of the 
  2.28  expenses of training and certifying snowmobile operators, the 
  2.29  commissioner shall collect a fee of not to exceed $5 from each 
  2.30  person who receives the training and shall deposit the fee in 
  2.31  the snowmobile trails and enforcement account and the amount 
  2.32  thereof is appropriated annually to the commissioner of natural 
  2.33  resources for the administration of such programs.  The 
  2.34  commissioner shall cooperate with private organizations and 
  2.35  associations, private and public corporations, and local 
  2.36  governmental units in furtherance of the program established 
  3.1   under this clause.  The commissioner shall consult with the 
  3.2   commissioner of public safety in regard to training program 
  3.3   subject matter and performance testing that leads to the 
  3.4   certification of snowmobile operators. 
  3.5      (7) The operator of any snowmobile involved in an accident 
  3.6   resulting in injury requiring medical attention or 
  3.7   hospitalization to or death of any person or total damage to an 
  3.8   extent of $500 or more, shall forward a written report of the 
  3.9   accident to the commissioner on such form as the commissioner 
  3.10  shall prescribe.  If the operator is killed or is unable to file 
  3.11  a report due to incapacitation, any peace officer investigating 
  3.12  the accident shall file the accident report within ten business 
  3.13  days.  
  3.14     (8) Safety standards on state and grant-in-aid trails, in 
  3.15  conjunction with snowmobile clubs and local units of government. 
  3.16     Sec. 3.  [84.861] [LIABILITY INSURANCE REQUIRED.] 
  3.17     Subdivision 1.  [REQUIREMENT.] An owner of a snowmobile 
  3.18  must obtain and maintain liability insurance that meets the 
  3.19  requirements of this section.  The liability insurance may be a 
  3.20  separate snowmobile policy or a rider to another type of policy. 
  3.21  For purposes of this section, "policy" means coverage provided 
  3.22  in either form. 
  3.23     Subd. 2.  [REQUIRED PROVISIONS.] A snowmobile liability 
  3.24  insurance policy required under subdivision 1 shall, at a 
  3.25  minimum: 
  3.26     (1) state the name and address of the named insured, the 
  3.27  name and address of the insurer, the policy number, the coverage 
  3.28  provided by the policy, the premium charged, the term, the 
  3.29  limits of liability, the snowmobile maker's permanent 
  3.30  identification number if the snowmobile has one, and the 
  3.31  snowmobile's registration number; 
  3.32     (2) state that the coverage meets at least the minimum 
  3.33  requirements of this section; 
  3.34     (3) have stated limits of liability, exclusive of interest 
  3.35  and costs, with respect to each snowmobile that the policy 
  3.36  covers, of not less than $30,000 for bodily injury to one person 
  4.1   in any one accident and, subject to that limit for one person, 
  4.2   of not less than $60,000 for bodily injury to two or more 
  4.3   persons in any one accident; and 
  4.4      (4) obligate the insurer to pay, on behalf of the insured 
  4.5   or anyone else using the snowmobile with the owner's permission, 
  4.6   amounts that the insured or other user is legally obligated to 
  4.7   pay as damages for bodily injury arising out of the ownership, 
  4.8   maintenance, or use of a snowmobile if the injury occurs within 
  4.9   the United States or Canada. 
  4.10     Subd. 3.  [PROOF OF INSURANCE REQUIRED.] (a) A snowmobile 
  4.11  registration or title transfer shall not be granted unless the 
  4.12  owner displays proof of insurance under this section at the time 
  4.13  of application. 
  4.14     (b) A snowmobile user shall have proof of insurance in 
  4.15  possession at all times while using the snowmobile and shall 
  4.16  display it on demand of a conservation officer of the department 
  4.17  of natural resources or other peace officer as defined in 
  4.18  section 626.84. 
  4.19     Subd. 4.  [SEASONAL COVERAGE PERMITTED.] This section does 
  4.20  not require liability coverage to be in effect for the period 
  4.21  between April 15 to October 15. 
  4.22     Subd. 5.  [NONCONFORMING COVERAGE PROHIBITED.] No policy 
  4.23  covering a snowmobile, including a policy providing only 
  4.24  property insurance, shall be issued or renewed to cover any 
  4.25  period between October 15 and April 15 unless the policy 
  4.26  provides liability insurance as required under this section. 
  4.27     Subd. 6.  [ENFORCEMENT.] This section shall be interpreted 
  4.28  and enforced in the same manner as the mandatory automobile and 
  4.29  motorcycle liability insurance requirement to the maximum extent 
  4.30  appropriate. 
  4.31     Subd. 7.  [PENALTIES.] (a) Violation of subdivision 1 or of 
  4.32  subdivision 3, paragraph (b), is a misdemeanor. 
  4.33     (b) Upon conviction for a violation referred to in 
  4.34  paragraph (a), the owner's registration shall be revoked and the 
  4.35  owner is ineligible to reregister any snowmobile for the next 60 
  4.36  days that fall between October 15 and April 15. 
  5.1      Sec. 4.  [84.862] [SNOWMOBILE SAFETY CERTIFICATE REQUIRED.] 
  5.2      After June 1, 1997, an operator of a snowmobile must 
  5.3   complete, or have completed before that date, the safety 
  5.4   education and training program established by rule under section 
  5.5   84.86 and must have in possession a snowmobile safety 
  5.6   certificate issued by the commissioner of natural resources. 
  5.7      Sec. 5.  Minnesota Statutes 1996, section 84.87, 
  5.8   subdivision 2, is amended to read: 
  5.9      Subd. 2.  [OPERATION GENERALLY.] It shall be unlawful for 
  5.10  any person to drive or operate any snowmobile in the following 
  5.11  unsafe or harassing ways: 
  5.12     (a) at a rate of speed greater than reasonable or proper 
  5.13  under all the surrounding circumstances; 
  5.14     (b) at a rate of speed higher than 40 miles per hour 
  5.15  between the hours of sunset and sunrise; 
  5.16     (c) in a careless, reckless, or negligent manner so as to 
  5.17  endanger the person or property of another or to cause injury or 
  5.18  damage thereto; 
  5.19     (c) (d) without a lighted head and taillight when required 
  5.20  for safety; 
  5.21     (d) (e) in any tree nursery or planting in a manner which 
  5.22  damages or destroys growing stock. 
  5.23     Sec. 6.  Minnesota Statutes 1996, section 84.872, 
  5.24  subdivision 1, is amended to read: 
  5.25     Subdivision 1.  [RESTRICTIONS ON OPERATION.] 
  5.26  Notwithstanding anything in section 84.87 to the contrary, no 
  5.27  person under 14 years of age shall make a direct crossing of a 
  5.28  trunk, county state-aid, or county highway as the operator of a 
  5.29  snowmobile, or operate a snowmobile upon a street or highway 
  5.30  within a municipality.  A person 14 years of age or older, but 
  5.31  less than 18 19 years of age, may make a direct crossing of a 
  5.32  trunk, county state-aid, or county highway only if the person 
  5.33  has in immediate possession a valid snowmobile safety 
  5.34  certificate issued by the commissioner or a valid motor vehicle 
  5.35  operator's license issued by the commissioner of public safety 
  5.36  or the drivers license authority of another state.  No person 
  6.1   under the age of 14 years shall operate a snowmobile on any 
  6.2   public land, public easements, or water or grant-in-aid trail 
  6.3   unless accompanied by one of the following listed persons on the 
  6.4   same or an accompanying snowmobile, or on a device towed by the 
  6.5   same or an accompanying snowmobile:  the person's parent, legal 
  6.6   guardian, or other person 18 19 years of age or older.  However, 
  6.7   a person 12 years of age or older may operate a snowmobile on 
  6.8   public lands, public easements, and waters or a grant-in-aid 
  6.9   trail if the person has in immediate possession a valid 
  6.10  snowmobile safety certificate issued by the commissioner.  
  6.11     Sec. 7.  Minnesota Statutes 1996, section 84.872, is 
  6.12  amended by adding a subdivision to read: 
  6.13     Subd. 1a.  [HELMET REQUIRED.] By September 1, 1997, a 
  6.14  person 18 years of age or less may not operate a snowmobile 
  6.15  without wearing a protective helmet. 
  6.16     Sec. 8.  Minnesota Statutes 1996, section 84.872, 
  6.17  subdivision 3, is amended to read: 
  6.18     Subd. 3.  [REPORTING CONVICTIONS; SUSPENSIONS.] When the 
  6.19  judge of a juvenile court, or any of its duly authorized agents, 
  6.20  shall determine that any person, while less than 18 19 years of 
  6.21  age, has violated the provisions of sections 84.81 to 84.88, or 
  6.22  any other state or local law or ordinance regulating the 
  6.23  operation of snowmobiles, the judge, or duly authorized agent, 
  6.24  shall immediately report this determination to the commissioner 
  6.25  and may recommend the suspension of the person's snowmobile 
  6.26  safety certificate.  The commissioner is hereby authorized to 
  6.27  suspend the certificate, without a hearing.