HF 1012

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; regulating motorized
scooters; amending Minnesota Statutes 2004, sections
168.012, subdivision 1; 169.01, by adding a
subdivision; proposing coding for new law in Minnesota
Statutes, chapter 169.

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

Section 1.

Minnesota Statutes 2004, section 168.012,
subdivision 1, is amended to read:

Subdivision 1.

Vehicles exempt from tax, fees, or plate
display.

(a) The following vehicles are exempt from the
provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:

(1) vehicles owned and used solely in the transaction of
official business by the federal government, the state, or any
political subdivision;

(2) vehicles owned and used exclusively by educational
institutions and used solely in the transportation of pupils to
and from those institutions;

(3) vehicles used solely in driver education programs at
nonpublic high schools;

(4) vehicles owned by nonprofit charities and used
exclusively to transport disabled persons for educational
purposes;

(5) ambulances owned by ambulance services licensed under
section 144E.10, the general appearance of which is
unmistakable; and

(6) motorized scooters as defined in section 169.01,
subdivision 4c; and

(7) vehicles owned by a commercial driving school licensed
under section 171.34, or an employee of a commercial driving
school licensed under section 171.34, and the vehicle is used
exclusively for driver education and training.

(b) Vehicles owned by the federal government, municipal
fire apparatuses including fire-suppression support vehicles,
police patrols, and ambulances, the general appearance of which
is unmistakable, are not required to register or display number
plates.

(c) Unmarked vehicles used in general police work, liquor
investigations, or arson investigations, and passenger
automobiles, pickup trucks, and buses owned or operated by the
Department of Corrections, must be registered and must display
appropriate license number plates, furnished by the registrar at
cost. Original and renewal applications for these license
plates authorized for use in general police work and for use by
the Department of Corrections must be accompanied by a
certification signed by the appropriate chief of police if
issued to a police vehicle, the appropriate sheriff if issued to
a sheriff's vehicle, the commissioner of corrections if issued
to a Department of Corrections vehicle, or the appropriate
officer in charge if issued to a vehicle of any other law
enforcement agency. The certification must be on a form
prescribed by the commissioner and state that the vehicle will
be used exclusively for a purpose authorized by this section.

(d) Unmarked vehicles used by the Departments of Revenue
and Labor and Industry, fraud unit, in conducting seizures or
criminal investigations must be registered and must display
passenger vehicle classification license number plates,
furnished at cost by the registrar. Original and renewal
applications for these passenger vehicle license plates must be
accompanied by a certification signed by the commissioner of
revenue or the commissioner of labor and industry. The
certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively for the
purposes authorized by this section.

(e) Unmarked vehicles used by the Division of Disease
Prevention and Control of the Department of Health must be
registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost
by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a
certification signed by the commissioner of health. The
certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively for the
official duties of the Division of Disease Prevention and
Control.

(f) Unmarked vehicles used by staff of the Gambling Control
Board in gambling investigations and reviews must be registered
and must display passenger vehicle classification license number
plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a
certification signed by the board chair. The certification must
be on a form prescribed by the commissioner and state that the
vehicles will be used exclusively for the official duties of the
Gambling Control Board.

(g) All other motor vehicles must be registered and display
tax-exempt number plates, furnished by the registrar at cost,
except as provided in subdivision 1c. All vehicles required to
display tax-exempt number plates must have the name of the state
department or political subdivision, nonpublic high school
operating a driver education program, or licensed commercial
driving school, plainly displayed on both sides of the vehicle;
except that each state hospital and institution for the mentally
ill and mentally retarded may have one vehicle without the
required identification on the sides of the vehicle, and county
social service agencies may have vehicles used for child and
vulnerable adult protective services without the required
identification on the sides of the vehicle. This identification
must be in a color giving contrast with that of the part of the
vehicle on which it is placed and must endure throughout the
term of the registration. The identification must not be on a
removable plate or placard and must be kept clean and visible at
all times; except that a removable plate or placard may be
utilized on vehicles leased or loaned to a political subdivision
or to a nonpublic high school driver education program.

Sec. 2.

Minnesota Statutes 2004, section 169.01, is
amended by adding a subdivision to read:

Subd. 4c.

Motorized scooter.

"Motorized scooter" means a
device with handlebars that is (1) designed to be stood or sat
upon by the operator, (2) powered by an electric motor or
internal combustion engine that is capable of propelling the
device with or without human propulsion, and (3) capable of a
maximum speed of 15 miles per hour on a flat surface with not
more than one percent grade in any direction when the motor is
engaged. An electric personal assistive mobility device, a
motorized bicycle, an electric-assisted bicycle, or a motorcycle
is not a motorized scooter.

Sec. 3.

[169.225] MOTORIZED SCOOTERS.

Subdivision 1.

Application of traffic laws.

Every person
operating a motorized scooter has all rights and duties
applicable to the operator of a bicycle, unless contrary to
those provisions relating expressly to motorized scooters and
except for those provisions of law that by their nature cannot
reasonably be applied to motorized scooters.

Subd. 2.

Sidewalk and passenger prohibition.

A person
shall not operate a motorized scooter upon a sidewalk, except
when necessary to enter or leave adjacent property. A person
shall not operate a motorized scooter that is carrying any
person other than the operator.

Subd. 3.

Minimum age for operator.

A person under the
age of 15 years shall not operate a motorized scooter on a
public road or public right-of-way.

Subd. 4.

Protective headgear.

A person under the age of
18 years shall not operate a motorized scooter without wearing
properly fitted and fastened protective headgear that complies
with standards established by the commissioner of public safety.

Subd. 5.

Required lighting equipment.

A motorized
scooter must be equipped with a headlight and a taillight that
comply with standards established by the commissioner of public
safety if the vehicle is operated under conditions when vehicle
lights are required by law.

Subd. 6.

Operation requirements and prohibitions.

(a) A
person operating a motorized scooter on a roadway shall ride as
close as practicable to the right-hand curb or edge of the
roadway, except in the following situations:

(1) when overtaking and passing another vehicle proceeding
in the same direction;

(2) when preparing for a left turn, in which case the
operator shall stop and dismount at the right-hand curb or right
edge of the roadway, and shall complete the turn by crossing the
roadway on foot, subject to restrictions placed by law on
pedestrians; or

(3) when reasonably necessary to avoid impediments or
conditions that make it unsafe to continue along the right-hand
curb or edge, including, but not limited to, fixed or moving
objects, vehicles, bicycles, pedestrians, animals, surface
hazards, or narrow lanes.

(b) A person who is 15 years old or older may operate a
motorized scooter on a bicycle path, bicycle lane, bicycle
trail, or bikeway that is not reserved for the exclusive use of
nonmotorized traffic, unless the local authority or governing
body having jurisdiction over that path, lane, trail, or bikeway
prohibits operation by law.