HF 1105

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/11/2011 03:08pm

A bill for an act
relating to motor vehicles; modifying provisions related to pickup trucks;
amending Minnesota Statutes 2010, sections 168.002, subdivisions 24, 26, 40,
by adding subdivisions; 168.021, subdivision 1; 168.12, subdivisions 1, 2b;
168.123, subdivision 1; Laws 2008, chapter 350, article 1, section 5, as amended.

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

Section 1.

Minnesota Statutes 2010, section 168.002, is amended by adding a
subdivision to read:

new text begin Subd. 21a. new text end

new text begin Noncommercial vehicle. new text end

new text begin "Noncommercial vehicle" means a one-ton
pickup truck registered under section 168.013, subdivision 1e, with a 15,000 pounds or
less gross vehicle weight rating and for which the owner has made a declaration that the
vehicle will be operated exclusively for personal use. The declaration must be based
on one or more of the following:
new text end

new text begin (1) a change of vehicle use;
new text end

new text begin (2) registration of a new vehicle;
new text end

new text begin (3) transfer of vehicle ownership; or
new text end

new text begin (4) registration renewal.
new text end

Sec. 2.

Minnesota Statutes 2010, section 168.002, is amended by adding a subdivision
to read:

new text begin Subd. 21b. new text end

new text begin One-ton pickup truck. new text end

new text begin "One-ton pickup truck" means any truck
resembling a pickup truck with a manufacturer's nominal rated carrying capacity of
one ton. If the manufacturer's nominal rated carrying capacity is not provided or is not
known, then the value specified by the manufacturer as the gross vehicle weight rating as
indicated on the manufacturer's certification label must be 10,001 pounds or more, not
to exceed 15,000 pounds.
new text end

Sec. 3.

Minnesota Statutes 2010, section 168.002, subdivision 24, is amended to read:

Subd. 24.

Passenger automobile.

(a) "Passenger automobile" means any motor
vehicle designed and used for carrying not more than 15 individuals, including the driver.

(b) "Passenger automobile" does not include motorcycles, motor scooters, buses,
school buses, or commuter vans as defined in section 168.126. deleted text begin Except as provided in
paragraph (c), clause (1), a vehicle with a gross vehicle weight rating of 9,000 to 13,000
pounds that is a pickup truck or a van is not a passenger automobile.
deleted text end

(c) "Passenger automobile" includes, but is not limited to:

(1) deleted text begin a vehicle that is (i) deleted text end a pickup truck or a van deleted text begin , (ii) not used in furtherance of a
commercial enterprise, and (iii) not subject to state or federal regulation as a commercial
motor vehicle deleted text end new text begin as defined in subdivisions 26 and 40 new text end ;

(2) neighborhood electric vehicles, as defined in section 169.011, subdivision 47; and

(3) medium-speed electric vehicles, as defined in section 169.011, subdivision 39.

Sec. 4.

Minnesota Statutes 2010, section 168.002, subdivision 26, is amended to read:

Subd. 26.

Pickup truck.

"Pickup truck" means any truck with a manufacturer's
nominal rated carrying capacity of three-fourths ton or less and commonly known as a
pickup truck. new text begin If the manufacturer's nominal rated carrying capacity is not provided or
cannot be determined, then the value specified by the manufacturer as the gross vehicle
weight rating as indicated on the manufacturer's certification label must be less than
10,000 pounds.
new text end

Sec. 5.

Minnesota Statutes 2010, section 168.002, subdivision 40, is amended to read:

Subd. 40.

Van.

"Van" means any vehicle of box-like design with no barrier or
separation between the operator's area and the remainder of the cargo-carrying area, and
with a manufacturer's nominal rated carrying capacity of three-fourths ton or less. new text begin If
the manufacturer's nominal rated carrying capacity is not provided or not known, then
the value specified by the manufacturer as the maximum gross weight or gross vehicle
weight rating as indicated on the manufacturer's certification label must be less than
10,000 pounds.
new text end

Sec. 6.

Minnesota Statutes 2010, section 168.021, subdivision 1, is amended to read:

Subdivision 1.

Disability plates; application.

(a) When a motor vehicle registered
under section 168.017, a motorcycle, deleted text begin a truck having a manufacturer's nominal rated
capacity of one ton and resembling a pickup truck, deleted text end new text begin a one-ton pickup truck, new text end or a
self-propelled recreational vehicle is owned or primarily operated by a permanently
physically disabled person or a custodial parent or guardian of a permanently physically
disabled minor, the owner may apply for and secure from the commissioner (1)
immediately, a temporary permit valid for 30 days if the applicant is eligible for the
disability plates issued under this section and (2) two disability plates with attached
emblems, one plate to be attached to the front, and one to the rear of the motor vehicle.

(b) The commissioner shall not issue more than one set of plates to any owner of
a motor vehicle at the same time unless the state Council on Disability approves the
issuance of a second set of plates to a motor vehicle owner.

(c) When the owner first applies for the disability plates, the owner must submit a
medical statement in a format approved by the commissioner under section 169.345, or
proof of physical disability provided for in that section.

(d) No medical statement or proof of disability is required when an owner of a motor
vehicle applies for plates for one or more motor vehicles that are specially modified for
and used exclusively by permanently physically disabled persons.

(e) The owner of a motor vehicle may apply for and secure (i) immediately, a permit
valid for 30 days, if the applicant is eligible to receive the disability plates issued under
this section, and (ii) a set of disability plates for a motor vehicle if:

(1) the owner employs a permanently physically disabled person who would qualify
for disability plates under this section; and

(2) the owner furnishes the motor vehicle to the physically disabled person for the
exclusive use of that person in the course of employment.

Sec. 7.

Minnesota Statutes 2010, section 168.12, subdivision 1, is amended to read:

Subdivision 1.

Plates; design, visibility, periods of issuance.

(a) The commissioner,
upon approval and payment, shall issue to the applicant the plates required by this chapter,
bearing the state name and an assigned vehicle registration number. The number assigned
by the commissioner may be a combination of a letter or sign with figures. The color of the
plates and the color of the abbreviation of the state name and the number assigned must
be in marked contrast. The plates must be lettered, spaced, or distinguished to suitably
indicate the registration of the vehicle according to the rules of the commissioner.

(b) When a vehicle is registered on the basis of total gross weight, the plates issued
must clearly indicate by letters or other suitable insignia the maximum gross weight
for which the tax has been paid.

new text begin (c) Plates issued to a noncommercial vehicle must bear the inscription
"noncommercial" unless the vehicle is displaying a special plate authorized and issued
under this chapter.
new text end

new text begin (d) A one-ton pickup truck that is used for commercial purposes and is subject to
section 168.185, is eligible to display special plates as authorized and issued under this
chapter.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end The plates must be so treated as to be at least 100 times brighter than the
conventional painted number plates. When properly mounted on an unlighted vehicle, the
plates, when viewed from a vehicle equipped with standard headlights, must be visible for
a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

deleted text begin (d) deleted text end new text begin (f) new text end The commissioner shall issue plates for the following periods:

(1) New plates issued pursuant to section 168.012, subdivision 1, must be issued to a
vehicle for as long as the vehicle is owned by the exempt agency and the plate shall not be
transferable from one vehicle to another but the plate may be transferred with the vehicle
from one tax-exempt agency to another.

(2) Plates issued for passenger automobiles must be issued for a seven-year period.
All plates issued under this paragraph must be replaced if they are seven years old or older
at the time of registration renewal or will become so during the registration period.

(3) Plates issued under sections 168.053 and 168.27, subdivisions 16 and 17, must
be for a seven-year period.

(4) Plates issued under subdivisions 2c and 2d and section 168.123 must be issued
for the life of the veteran under section 169.79.

(5) Plates for any vehicle not specified in clauses (1) to (3) must be issued for the
life of the vehicle.

deleted text begin (e) deleted text end new text begin (g) new text end In a year in which plates are not issued, the commissioner shall issue for each
registration a sticker to designate the year of registration. This sticker must show the year
or years for which the sticker is issued, and is valid only for that period. The plates and
stickers issued for a vehicle may not be transferred to another vehicle during the period
for which the sticker is issued, except when issued for a vehicle registered under section
168.187.

deleted text begin (f) deleted text end new text begin (h) new text end Despite any other provision of this subdivision, plates issued to a vehicle
used for behind-the-wheel instruction in a driver education course in a public school
may be transferred to another vehicle used for the same purpose without payment of any
additional fee. The public school shall notify the commissioner of each transfer of plates
under this paragraph. The commissioner may prescribe a format for notification.

Sec. 8.

Minnesota Statutes 2010, section 168.12, subdivision 2b, is amended to read:

Subd. 2b.

Firefighters; special plates, rules.

(a) The commissioner shall issue
special plates, or a single license plate in the case of a motorcycle plate, to any applicant
who:

(1) is a member of a fire department receiving state aid under chapter 69, has a
letter from the fire chief, and is an owner of a passenger automobile deleted text begin , a truck with a
manufacturer's nominal rated capacity of one ton and resembling a pickup truck deleted text end new text begin , a one-ton
pickup truck new text end , or a motorcycle;

(2) pays a fee of $10 and any other fees required by this chapter;

(3) pays the registration tax required by this chapter for the motor vehicle; and

(4) complies with this chapter and rules governing the registration of motor vehicles
and licensing of drivers.

(b) In lieu of the identification required under subdivision 1, the special plates must
bear an emblem of a Maltese Cross together with any numbers or characters prescribed by
the commissioner.

(c) Special plates issued under this subdivision may only be used during the period
that the owner of the motor vehicle is a member of a fire department as specified in this
subdivision. When the individual to whom the special plates were issued is no longer a
member of a fire department or when the motor vehicle ownership is transferred, the
owner shall remove the special plates from the motor vehicle. If the commissioner
receives written notification that an individual is no longer qualified for these special
plates, the commissioner shall invalidate the plates and notify the individual of this
action. The individual may retain the plate only upon demonstrating compliance with the
qualifications of this subdivision. Upon removal or invalidation of the special plates, or
special motorcycle plate, either the owner or purchaser of the motor vehicle shall obtain
regular plates or a regular motorcycle plate for the proper registration classification for
the motor vehicle.

(d) A special motorcycle license plate issued under this subdivision must be the
same size as a standard motorcycle license plate.

(e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger
automobile or truck may be transferred to another passenger automobile or truck owned
or jointly owned by the person to whom the plates were issued. On payment of a fee of
$5, a plate issued under this subdivision for a motorcycle may be transferred to another
motorcycle owned or jointly owned by the person to whom the plate was issued.

(f) The commissioner may adopt rules under the Administrative Procedure Act,
sections 14.001 to 14.69, to govern the issuance and use of the special plates authorized
in this subdivision.

Sec. 9.

Minnesota Statutes 2010, section 168.123, subdivision 1, is amended to read:

Subdivision 1.

General requirements; fees.

(a) On payment of a fee of $10 for
each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
the registration tax required by law, and compliance with other applicable laws relating to
vehicle registration and licensing, as applicable, the commissioner shall issue:

(1) special veteran's plates to an applicant who served in the active military service
in a branch of the armed forces of the United States or of a nation or society allied with the
United States in conducting a foreign war, was discharged under honorable conditions,
and is a registered owner of a passenger automobile, recreational motor vehicle, or deleted text begin truck
resembling a pickup truck and having a manufacturer's nominal rated capacity of one ton deleted text end new text begin
one-ton pickup truck new text end , but which is not a commercial motor vehicle as defined in section
169.011, subdivision 16; or

(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
(f), (h), (i), or (j), or another special plate designed by the commissioner to an applicant
who is a registered owner of a motorcycle and meets the criteria listed in this paragraph
and in subdivision 2, paragraph (a), (f), (h), (i), or (j). Plates issued under this clause must
be the same size as regular motorcycle plates. Special motorcycle license plates issued
under this clause are not subject to section 168.1293.

(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
only when the plates are issued, and is not payable in a year in which stickers are issued
instead of plates.

(c) The veteran must have a certified copy of the veteran's discharge papers,
indicating character of discharge, at the time of application. If an applicant served in the
active military service in a branch of the armed forces of a nation or society allied with the
United States in conducting a foreign war and is unable to obtain a record of that service
and discharge status, the commissioner of veterans affairs may certify the applicant as
qualified for the veterans' plates provided under this section.

(d) For license plates issued for one-ton trucks described in paragraph (a), clause
(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under
paragraph (a). The surcharge must be deposited in the vehicle services operating account
in the special revenue fund.

Sec. 10.

Laws 2008, chapter 350, article 1, section 5, the effective date, as amended by
Laws 2010, chapter 351, section 65, is amended to read:

EFFECTIVE DATE.

deleted text begin Paragraph (b) and paragraph (c), clause (1), are effective the
day following final enactment and apply to any additional tax for a registration period that
starts on or after March 1, 2012 deleted text end new text begin This section is effective August 1, 2011 new text end .