HF 609

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/19/2023 03:27pm

A bill for an act
relating to natural resources; modernizing statutes related to the registration,
transfer, and operation of snowmobiles; amending Minnesota Statutes 2022,
sections 84.788, subdivision 5; 84.82, subdivision 2, by adding a subdivision;
84.821, subdivision 2; 84.84; 84.86, subdivision 1; 84.87, subdivision 1; repealing
Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 84.788, subdivision 5, is amended to read:

Subd. 5.

Report of ownership transfers; fee.

(a) Application for transfer of ownership
of an off-highway motorcycle registered under this section must be made to the commissioner
within 15 days of the date of transfer.

(b) An application for transfer must be executed by the deleted text begin registered deleted text end new text begin current new text end owner and the
purchaser using a bill of sale that includes the vehicle serial number.

(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser
fails to apply for transfer of ownership as provided under this subdivision.

Sec. 2.

Minnesota Statutes 2022, section 84.82, subdivision 2, is amended to read:

Subd. 2.

Application, issuance, issuing fee.

(a) Application for registration or
reregistration shall be made to the commissioner or an authorized deputy registrar of motor
vehicles in a format prescribed by the commissioner and shall state the legal name and
address of every owner of the snowmobile.

(b) A person who purchases a snowmobile from a retail dealer shall make application
for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
21-day registration permit to each purchaser who applies to the dealer for registration. The
temporary permit must contain the dealer's identification number and phone number. Each
retail dealer shall submit completed registration and fees to the deputy registrar at least once
a week. No fee may be charged by a dealer to a purchaser for providing the temporary
permit.

(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
registrar shall issue to the applicant, or provide to the dealer, an assigned registration number
or a commissioner or deputy registrar temporary 21-day permit. new text begin The registration number
must be printed on a registration decal issued by the commissioner or a deputy registrar. new text end
Once issued, the registration deleted text begin number deleted text end new text begin decal new text end must be affixed to the snowmobile in a clearly
visible and permanent manner for enforcement purposes deleted text begin as the commissioner of natural
resources shall prescribe deleted text end new text begin according to subdivision 3b new text end . A dealer subject to paragraph (b)
shall provide the registration materials or temporary permit to the purchaser within the
temporary 21-day permit period. The registration is not valid unless signed by at least one
owner.

(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33 shall also
be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the accounting and procedural
requirements necessary to ensure efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with these accounting and procedural requirements.

(e) In addition to other fees prescribed by law, an issuing fee of $4.50 is charged for
each snowmobile registration renewal, duplicate or replacement registration card, and
replacement decal, and an issuing fee of $7 is charged for each snowmobile registration and
registration transfer issued by:

(1) a registrar or a deputy registrar and must be deposited in the manner provided in
section 168.33, subdivision 2; or

(2) the commissioner and must be deposited in the state treasury and credited to the
snowmobile trails and enforcement account in the natural resources fund.

Sec. 3.

Minnesota Statutes 2022, section 84.82, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Display of registration decal. new text end

new text begin (a) A person must not operate a snowmobile
in the state or allow another to operate the person's snowmobile in the state unless the
snowmobile has its unexpired registration decal affixed to each side of the snowmobile and
the decals are legible.
new text end

new text begin (b) The registration decal must be affixed:
new text end

new text begin (1) for snowmobiles made after June 30, 1972, in the areas provided by the manufacturer
under section 84.821, subdivision 2; and
new text end

new text begin (2) for all other snowmobiles, on each side of the cowling on the upper half of the
snowmobile.
new text end

new text begin (c) When any previously affixed registration decal is destroyed or lost, a duplicate must
be affixed in the same manner as provided in paragraph (b).
new text end

Sec. 4.

Minnesota Statutes 2022, section 84.821, subdivision 2, is amended to read:

Subd. 2.

Area for registration number.

All snowmobiles made after June 30, 1972,
and sold in Minnesota, shall be designed and made to provide an area on which to affix the
registration deleted text begin number deleted text end new text begin decal new text end . deleted text begin This area shall be at a location and of dimensions prescribed by
rule of the commissioner. deleted text end new text begin A clear area must be provided on each side of the cowling with
a minimum size of 3-1/2 square inches and at least 12 inches from the ground when the
machine is resting on a hard surface.
new text end

Sec. 5.

Minnesota Statutes 2022, section 84.84, is amended to read:

84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.

(a) Within 15 days after the transfer of ownership, or any part thereof, other than a
security interest, or the destruction or abandonment of any snowmobile, written notice of
the transfer or destruction or abandonment shall be given to the commissioner in such form
as the commissioner shall prescribe.

(b) An application for transfer must be executed by the deleted text begin registered deleted text end new text begin current new text end owner and the
purchaser using a bill of sale that includes the vehicle serial number.

(c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser
fails to apply for transfer of ownership as provided under this subdivision. Every owner or
part owner of a snowmobile shall, upon failure to give notice of destruction or abandonment,
be subject to the penalties imposed by section 84.88.

Sec. 6.

Minnesota Statutes 2022, section 84.86, subdivision 1, is amended to read:

Subdivision 1.

Required rules new text begin , fees, and reports new text end .

new text begin (a) new text end With a view of achieving maximum
use of snowmobiles consistent with protection of the environment the commissioner of
natural resources shall adopt rules in the manner provided by chapter 14, for the following
purposes:

(1) registration of snowmobiles deleted text begin and display of registration numbers. deleted text end new text begin ;
new text end

(2) use of snowmobiles insofar as game and fish resources are affected deleted text begin . deleted text end new text begin ;
new text end

(3) use of snowmobiles on public lands and waters, or on grant-in-aid trails deleted text begin . deleted text end new text begin ;
new text end

(4) uniform signs to be used by the state, counties, and cities, which are necessary or
desirable to control, direct, or regulate the operation and use of snowmobiles deleted text begin . deleted text end new text begin ;
new text end

(5) specifications relating to snowmobile mufflers deleted text begin . deleted text end new text begin ; and
new text end

(6) a comprehensive snowmobile information and safety education and training program deleted text begin ,
including deleted text end new text begin that includes new text end but new text begin is new text end not limited to deleted text begin the preparation and dissemination of deleted text end new text begin preparing
and disseminating new text end snowmobile information and safety advice to the public, deleted text begin the deleted text end training deleted text begin of deleted text end
snowmobile operators, and deleted text begin the issuance of deleted text end new text begin issuing new text end snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile safety education and
training course.

new text begin (b) new text end For the purpose of administering deleted text begin such deleted text end new text begin the new text end program new text begin under paragraph (a), clause (6), new text end
and to defray expenses of training and certifying snowmobile operators, the commissioner
shall collect a fee from each person who receives the youth or adult training. The
commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing
a duplicate snowmobile safety certificate. The commissioner shall establish both fees in a
manner that neither significantly overrecovers nor underrecovers costs, including overhead
costs, involved in providing the services. The fees are not subject to the rulemaking provisions
of chapter 14, and section 14.386 does not apply. The fees may be established by the
commissioner notwithstanding section 16A.1283. The fees, except for the issuing fee for
licensing agents under this subdivision, shall be deposited in the snowmobile trails and
enforcement account in the natural resources fund and the amount thereof, except for the
electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated
annually to the Enforcement Division of the Department of Natural Resources for deleted text begin the
administration of such deleted text end new text begin administering the new text end programs. In addition to the fee established by the
commissioner, instructors may charge each person any fee paid by the instructor for the
person's online training course and up to the established fee amount for class materials and
expenses. The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the program
established under deleted text begin this deleted text end new text begin paragraph (a), new text end clause new text begin (6) new text end . School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that leads to the certification of
snowmobile operators.

deleted text begin (7) deleted text end new text begin (c) new text end The operator of any snowmobile involved in an accident resulting in injury
requiring medical attention or hospitalization to or death of any person or total damage to
an extent of $500 or more, shall forward a written report of the accident to the commissioner
on deleted text begin such deleted text end new text begin a new text end form deleted text begin as deleted text end new text begin prescribed by new text end the commissioner deleted text begin shall prescribe deleted text end . If the operator is killed
or is unable to file a report due to incapacitation, any peace officer investigating the accident
shall file the accident report within ten business days.

Sec. 7.

Minnesota Statutes 2022, section 84.87, subdivision 1, is amended to read:

Subdivision 1.

Operation on streets and highways.

(a) No person shall operate a
snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county
state-aid, or county highway in this state and, in the case of a divided trunk or county
highway, on the right-of-way between the opposing lanes of traffic, except as provided in
sections 84.81 to 84.90. No person shall operate a snowmobile within the right-of-way of
any trunk, county state-aid, or county highway between the hours of one-half hour after
sunset to one-half hour before sunrise, except on the right-hand side of such right-of-way
and in the same direction as the highway traffic on the nearest lane of the roadway adjacent
thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate
highway or freeway within this state.

(b) Notwithstanding any provision of paragraph (a) to the contrary:

(1) under conditions prescribed by the commissioner of transportation, the commissioner
of transportation may allow two-way operation of snowmobiles on either side of the trunk
highway right-of-way where the commissioner of transportation determines that two-way
operation will not endanger users of the trunk highway or riders of the snowmobiles using
the trail;

(2) under conditions prescribed by a local road authority as defined in section 160.02,
subdivision 25, the road authority may allow two-way operation of snowmobiles on either
side of the right-of-way of a street or highway under the road authority's jurisdiction, where
the road authority determines that two-way operation will not endanger users of the street
or highway or riders of the snowmobiles using the trail;

(3) the commissioner of transportation under clause (1) and the local road authority
under clause (2) shall notify the commissioner of natural resources and the local law
enforcement agencies responsible for the streets or highways of the locations of two-way
snowmobile trails authorized under this paragraph; and

(4) two-way snowmobile trails authorized under this paragraph shall be posted for
two-way operation at the authorized locations.

(c) A snowmobile may make a direct crossing of a street or highway at any hour of the
day provided:

(1) the crossing is made at an angle of approximately 90 degrees to the direction of the
highway and at a place where no obstruction prevents a quick and safe crossing;

(2) the snowmobile is brought to a complete stop before crossing the shoulder or main
traveled way of the highway;

(3) the driver yields the right-of-way to all oncoming traffic which constitutes an
immediate hazard;

(4) in crossing a divided highway, the crossing is made only at an intersection of such
highway with another public street or highway new text begin or at a safe location approved by the road
authority new text end ;

(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; and

(6) a snowmobile may be operated upon a bridge, other than a bridge that is part of the
main traveled lanes of an interstate highway, when required for the purpose of avoiding
obstructions to travel when no other method of avoidance is possible; provided the
snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made
within 100 feet of the bridge and the crossing is made without undue delay.

(d) No snowmobile shall be operated upon a public street or highway unless it is equipped
with at least one headlamp, one tail lamp, each of minimum candlepower as prescribed by
rules of the commissioner, reflector material of a minimum area of 16 square inches mounted
on each side forward of the handle bars, and with brakes each of which shall conform to
standards prescribed by rule of the commissioner pursuant to the authority vested in the
commissioner by section 84.86, and each of which shall be subject to approval of the
commissioner of public safety.

(e) A snowmobile may be operated upon a public street or highway other than as provided
by paragraph (c) in an emergency during the period of time when and at locations where
snow upon the roadway renders travel by automobile impractical.

(f) All provisions of chapters 169 and 169A shall apply to the operation of snowmobiles
upon streets and highways, except for those relating to required equipment, and except those
which by their nature have no application. Section 169.09 applies to the operation of
snowmobiles anywhere in the state or on the ice of any boundary water of the state.

(g) Any sled, trailer, or other device being towed by a snowmobile must be equipped
with reflective materials as required by rule of the commissioner.

Sec. 8. new text begin REGISTRATION DECAL FORMAT TRANSITION.
new text end

new text begin Separately displaying registration numbers is not required when a larger-format
registration decal as provided under Minnesota Statutes, section 84.82, subdivision 2, is
displayed according to Minnesota Statutes, section 84.82, subdivision 3b. Snowmobiles
displaying valid but older, smaller-format registration decals must display the separate
registration numbers. Persons may obtain duplicate registration decals in the new, larger
format, when available, without being required to display the separate registration numbers.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 6100.5000, subparts 3, 4, and 5; and 6100.5700, subpart 4, new text end new text begin are
repealed.
new text end

APPENDIX

Repealed Minnesota Rule: 23-00641

6100.5000 SNOWMOBILE REGISTRATION AND DISPLAY OF NUMBERS.

Subp. 3.

Affixation of number.

The registration number of the snowmobile, shown on the registration certificate, shall be affixed to the snowmobile and maintained in a clear, legible manner. On all machines made after June 30, 1972, and sold in Minnesota, such registration number shall be affixed in the space provided therefor in accordance with part 6100.5700, subpart 4. On all other machines it shall be affixed on each side of the cowling on the upper half of the machine, as follows.

[ Image Not Shown ]

Subp. 4.

Description of decal or number; lost or destroyed number or decal.

All letters and numbers shall be of a color which will contrast with the surface to which applied, and shall be at least three inches high and three-eighths inch stroke. When any previously affixed registration number or decal is destroyed or lost, a duplicate shall be affixed in the manner shown above. The registration number shall remain the same if renewed by July 1 following the expiration date.

Subp. 5.

General prohibition.

No person shall operate or transport, and no person shall permit the operation of, a snowmobile within this state which does not have its registration number and unexpired decal affixed in the form and manner required by this part, unless the owner is exempted from the registration requirements of this state by Minnesota Statutes, section 84.82.

6100.5700 REQUIRED EQUIPMENT.

Subp. 4.

Snowmobile registration number affixation.

All snowmobiles made after June 30, 1972, and sold in Minnesota, shall be designed and made to provide an area on which to affix the snowmobile registration number at the following location and of the following dimensions:

A.

A clear area shall be provided on each side of the cowling or pan with the minimum size of 3-1/2 inches vertical by 11 inches horizontal.

B.

It shall be a minimum of 12 inches from the ground when the machine is resting on a hard surface.