HF 1283

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/28/2011 03:10pm

A bill for an act
relating to natural resources; modifying operating provisions and definitions
for certain recreational vehicles; providing for dual registration of certain
motorcycles; requiring a nonresident off-road vehicle state trail pass; modifying
requirements for titling watercraft; modifying special vehicle use on roadways;
amending Minnesota Statutes 2010, sections 84.777, subdivision 2; 84.788, by
adding a subdivision; 84.92, subdivisions 8, 9, 10; 84.9257; 86B.313, subdivision
1; 86B.825, subdivision 3; 86B.830, subdivision 2; 86B.850, subdivision 1;
86B.885; 168.002, subdivision 18; 168A.085; 169.045, subdivisions 1, 2, 3,
5, 6, 7, 8; 239.791, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 84.

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

Section 1.

Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:

Subd. 2.

Off-highway vehicle seasonal restrictions.

(a) deleted text begin The commissioner shall
prescribe seasons for off-highway vehicle use on state forest lands. deleted text end Except for designated
forest roads, a person must not operate an off-highway vehicle on state forest lands deleted text begin : (1)
outside of the seasons prescribed under this paragraph; or (2) deleted text end during the firearms deer
hunting season in areas of the state where deer may be taken by rifle. This paragraph
does not apply to a person in possession of a valid deer hunting license operating an
off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.

(b) The commissioner may designate and post winter trails on state forest lands
for use by off-highway vehicles.

(c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
managed by the commissioner under section 282.011.

Sec. 2.

Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Dual registration. new text end

new text begin (a) An off-highway motorcycle registered under
this section may also be registered as a motorcycle under chapter 168 for use on public
roads and highways.
new text end

new text begin (b) If the off-highway motorcycle was not originally constructed primarily for use
on public roads and highways, the off-highway motorcycle must be equipped with mirrors
and a headlight, taillight, and horn and be otherwise modified as necessary to meet the
requirements of chapter 169 for motorcycles regarding safety and acceptability to operate
on public roads and highways.
new text end

new text begin (c) An applicant for registration under chapter 168 must submit an inspection form,
prescribed by the commissioner of public safety. The inspection form must be completed
by a police officer, as defined under section 169.011, and certify that the off-highway
motorcycle meets the requirements of chapter 169 for motorcycles regarding safety and
acceptability to operate on public roads and highways.
new text end

new text begin (d) Chapter 168A does not apply to an off-highway motorcycle modified to meet the
requirements of chapter 169 according to this subdivision.
new text end

Sec. 3.

new text begin [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
new text end

new text begin Subdivision 1. new text end

new text begin Pass required; fee. new text end

new text begin (a) A nonresident may not operate an off-road
vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
nonresident off-road vehicle state trail pass sticker issued according to this section.
The pass must be viewable by a peace officer, a conservation officer, or an employee
designated under section 84.0835.
new text end

new text begin (b) The fee for an annual pass is $20. The pass is valid from January 1 through
December 31. The fee for a three-year pass is $30. The commissioner of natural resources
shall issue a pass upon application and payment of the fee. Fees collected under this
section, except for the issuing fee for licensing agents, shall be deposited in the state
treasury and credited to the off-road vehicle account in the natural resources fund and,
except for the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, must be used for grants-in-aid to counties and
municipalities for off-road vehicle organizations to construct and maintain off-road
vehicle trails and use areas.
new text end

new text begin (c) A nonresident off-road vehicle state trail pass is not required for:
new text end

new text begin (1) an off-road vehicle that is owned and used by the United States, another state,
or a political subdivision thereof that is exempt from registration under section 84.798,
subdivision 2;
new text end

new text begin (2) a person operating an off-road vehicle only on the portion of a trail that is owned
by the person or the person's spouse, child, or parent; or
new text end

new text begin (3) a nonresident operating an off-road vehicle that is registered according to section
84.798.
new text end

new text begin Subd. 2. new text end

new text begin License agents. new text end

new text begin The commissioner may appoint agents to issue and
sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
appointment of an agent at any time. The commissioner may adopt additional rules as
provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted
by the commissioner for accounting and handling of passes pursuant to section 97A.485,
subdivision 11. An agent shall promptly deposit and remit all money received from the
sale of the passes, exclusive of the issuing fee, to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Issuance of passes. new text end

new text begin The commissioner and agents shall issue and sell
nonresident off-road vehicle state trail passes. The commissioner shall also make the
passes available through the electronic licensing system established under section 84.027,
subdivision 15.
new text end

new text begin Subd. 4. new text end

new text begin Agent's fee. new text end

new text begin In addition to the fee for a pass, an issuing fee of $1 per pass
shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
passes issued by the commissioner shall be deposited in the off-road vehicle account in the
natural resources fund and retained for the operation of the electronic licensing system.
new text end

new text begin Subd. 5. new text end

new text begin Duplicate passes. new text end

new text begin The commissioner and agents shall issue a duplicate
pass to persons whose pass is lost or destroyed using the process established under section
97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident
off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
new text end

Sec. 4.

Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:

Subd. 8.

All-terrain vehicle or vehicle.

"All-terrain vehicle" or "vehicle" means a
motorized deleted text begin flotation-tired deleted text end vehicle deleted text begin of not less than three low pressure tires, but not more
than deleted text end new text begin equipped with three to new text end six new text begin nonhighway new text end tires deleted text begin , that is limited in engine displacement
of less than 960 cubic centimeters deleted text end and includes a class 1 all-terrain vehicle and class
2 all-terrain vehicle. new text begin All-terrain vehicle does not include a golf cart; a mini-truck; a
dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance,
agriculture, logging, or mining purposes.
new text end

Sec. 5.

Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read:

Subd. 9.

Class 1 all-terrain vehicle.

"Class 1 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of less than 1,000 pounds new text begin and has a straddled
seat new text end .

Sec. 6.

Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read:

Subd. 10.

Class 2 all-terrain vehicle.

"Class 2 all-terrain vehicle" means an
all-terrain vehicle that new text begin is not a class 1 all-terrain vehicle, new text end has a total dry weight of deleted text begin 1,000 to deleted text end
1,800 pounds new text begin or less, and has a manufacturer's published width of 68 inches or less new text end .

Sec. 7.

Minnesota Statutes 2010, section 84.9257, is amended to read:

84.9257 PASSENGERS.

(a) A person 18 years of age or older may operate a class 1 all-terrain vehicle
carrying new text begin only new text end one passenger.

(b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
carrying deleted text begin a deleted text end new text begin only one new text end passenger, or up to the number of passengers for which the vehicle
was designed, whichever is greater.

new text begin (c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying
only one passenger and the passenger must be the person's parent or legal guardian.
new text end

Sec. 8.

Minnesota Statutes 2010, section 86B.313, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) In addition to requirements of other laws
relating to watercraft, a person may not operate or permit the operation of a personal
watercraft:

(1) without each person on board the personal watercraft wearing a United States
Coast Guard approved Type I, II, III, or V personal flotation device;

(2) between one hour before sunset and 9:30 a.m. new text begin , unless the personal watercraft
is equipped with manufacturer installed navigational lights as prescribed by the
commissioner new text end ;

(3) at greater than slow-no wake speed within 150 feet of:

(i) a shoreline;

(ii) a dock;

(iii) a swimmer;

(iv) a raft used for swimming or diving; or

(v) a moored, anchored, or nonmotorized watercraft;

(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any
other device unless:

(i) an observer is on board; or

(ii) the personal watercraft is equipped with factory-installed or factory-specified
accessory mirrors that give the operator a wide field of vision to the rear;

(5) without the lanyard-type engine cutoff switch being attached to the person,
clothing, or personal flotation device of the operator, if the personal watercraft is equipped
by the manufacturer with such a device;

(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or
tampered with so as to interfere with the return-to-idle system;

(7) to chase or harass wildlife;

(8) through emergent or floating vegetation at other than a slow-no wake speed;

(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property,
including weaving through congested watercraft traffic, jumping the wake of another
watercraft within 150 feet of the other watercraft, or operating the watercraft while
facing backwards;

(10) in any other manner that is not reasonable and prudent; or

(11) without a personal watercraft rules decal, issued by the commissioner, attached
to the personal watercraft so as to be in full view of the operator.

(b) Paragraph (a), clause (3), does not apply to a person operating a personal
watercraft to launch or land a person on water skis, a kneeboard, or similar device by the
most direct route to open water.

Sec. 9.

Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:

Subd. 3.

Voluntary titling.

The owner of a device used or designed for navigation
on water and used on the waters of this state may obtain a certificate of title for the device,
even though it is not a watercraft as defined in section 86B.820, subdivision 14, in the
same manner and with the same effect as the owner of a watercraft required to be titled
under deleted text begin Laws 1989, chapter 335 deleted text end new text begin sections 86B.820 to 86B.920 new text end . Once titled, the device
is a titled watercraft as defined in section 86B.820, subdivision 13, and is and remains
subject to deleted text begin Laws 1989, chapter 335 deleted text end new text begin sections 86B.820 to 86B.920 new text end , to the same extent as a
watercraft required to be titled.

Sec. 10.

Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:

Subd. 2.

Issuance.

(a) The commissioner shall issue a certificate of title for a
watercraft upon verification that:

(1) the application is genuine;

(2) the applicant is the owner of the watercraft; and

(3) payment of the required fee.

(b) The original certificate of title must be mailed to the deleted text begin first secured party disclosed
in the application or, if none, to the deleted text end owner named in the application. new text begin Secured parties, if
any, must be mailed notification of their security interest filed.
new text end

Sec. 11.

Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:

Subdivision 1.

Form and issuance.

(a) The commissioner may issue a duplicate
certificate of title under this section. The duplicate certificate of title must be a certified
copy plainly marked "duplicate" across its face and must contain the legend: "This
duplicate certificate of title may be subject to the rights of a person under the original
certificate." It must be mailed deleted text begin to the first secured party named in it or, if none, deleted text end to the owner.
The commissioner shall indicate in the department records that a duplicate has been issued.

(b) As a condition to issuing a duplicate certificate of title, the commissioner may
require a bond from the applicant in the manner and form prescribed in section 86B.830,
subdivision 4, paragraph (b).

Sec. 12.

Minnesota Statutes 2010, section 86B.885, is amended to read:

86B.885 OWNER-CREATED SECURITY INTEREST.

Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.

(a) The owner shall immediately execute the application in the space provided on the
certificate of title or on a separate form prescribed by the commissioner, show the name
and address of the secured party on the certificate, and have the certificate, application,
and required fee delivered to the secured party.

(b) The secured party shall immediately have the certificate, application, and
required fee mailed or delivered to the commissioner.

(c) deleted text begin Upon request of the owner or deleted text end new text begin A second or new text end subordinate secured party deleted text begin , a secured
party in possession of the certificate of title shall either (1) mail or deliver the certificate
to the subordinate secured party for delivery to the commissioner, or (2) upon receiving
from the subordinate secured party the owner's application and the required fee, mail or
deliver them to the commissioner with the certificate. The delivery of the certificate deleted text end does
not affect the rights of the first secured party under the security agreement.

(d) Upon receiving the certificate of title, application, and required fee, the
commissioner shall either endorse on the certificate or issue a new certificate containing
the name and address of the new secured party, and mail or deliver the certificate to the
deleted text begin first secured party named on it deleted text end new text begin owner. The secured party or parties shall be issued a
notification that the security interest has been recorded new text end .

Sec. 13.

Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read:

Subd. 18.

Motor vehicle.

(a) "Motor vehicle" means any self-propelled vehicle
designed and originally manufactured to operate primarily on highways, and not operated
exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a
self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled
by electric power obtained from overhead trolley wires but not operated upon rails. It does
not include snowmobiles, manufactured homes, or park trailers.

(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle
(1) has at least four wheels, (2) is owned and operated by a physically disabled person,
and (3) displays both disability plates and a physically disabled certificate issued under
section 169.345.

(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain
vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle
before August 1, 1985. The owner may continue to license an all-terrain vehicle described
in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another
owner, is destroyed, or fails to comply with the registration and licensing requirements
of this chapter.

(d) "Motor vehicle" does not include an electric personal assistive mobility device as
defined in section 169.011, subdivision 26.

(e) "Motor vehicle" does not include a motorized foot scooter as defined in section
169.011, subdivision 46.

new text begin (f) "Motor vehicle" includes an off-highway motorcycle modified to meet the
requirements of chapter 169 according to section 84.788, subdivision 12.
new text end

Sec. 14.

Minnesota Statutes 2010, section 168A.085, is amended to read:

168A.085 APPLICATION FOR TITLE deleted text begin OR REGISTRATION deleted text end , CERTAIN
CASES.

Subdivision 1.

Limitations.

No application for certificate of title deleted text begin or registration deleted text end may
be issued for a vehicle that was not manufactured in compliance with applicable federal
emission standards in force at the time of manufacture as provided by the Clean Air Act,
United States Code, title 42, sections 7401 through 7642, and regulations adopted pursuant
thereto, and safety standards as provided by the National Traffic and Motor Safety Act,
United States Code, title 15, sections 1381 through 1431, and regulations adopted pursuant
thereto, unless the applicant furnishes either proof satisfactory to the agent that the vehicle
was not brought into the United States from outside the country or all of the following:

(1) a bond release letter, with all attachments, issued by the United States Department
of Transportation acknowledging receipt of a statement of compliance submitted by the
importer of the vehicle and that the statement meets the safety requirements as provided
by Code of Federal Regulations, title 19, section 12.80(e);

(2) a bond release letter, with all attachments, issued by the United States
Environmental Protection Agency stating that the vehicle has been tested and known to
be in conformity with federal emission requirements; and

(3) a receipt or certificate issued by the United States Department of the Treasury
showing that any gas-guzzler taxes due on the vehicle as provided by Public Law 95-618,
title 2, section 201(a), have been fully paid.

Subd. 2.

Accompanying documents.

The application for certificate of title deleted text begin and the
application for registration deleted text end must be accompanied by a manufacturer's certificate of origin
in the English language which was issued by the actual vehicle manufacturer and either:

(1) the original documents constituting valid proof of ownership in the country in
which the vehicle was originally purchased, together with a translation of the documents
into the English language verified as to accuracy of the translation by affidavit of the
translator; or

(2) with regard to a vehicle imported from a country that cancels the vehicle
registration and title for export, a bond as required by section 168A.07, subdivision 1,
clause (2).

Sec. 15.

Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:

Subdivision 1.

Designation of roadway, permit.

The governing body of any
county, home rule charter or statutory city, or town may by ordinance authorize the
operation of motorized golf carts, deleted text begin four-wheel deleted text end all-terrain vehicles, or mini trucks, on
designated roadways or portions thereof under its jurisdiction. Authorization to operate a
motorized golf cart, deleted text begin four-wheel deleted text end all-terrain vehicle, or mini truck is by permit only. For
purposes of this section, deleted text begin a four-wheel deleted text end new text begin an new text end all-terrain vehicle deleted text begin is a motorized flotation-tired
vehicle with four low-pressure tires that is limited in engine displacement of less than 800
cubic centimeters and total dry weight less than 600 pounds deleted text end new text begin has the meaning given in
section 84.92 new text end , and a mini truck has the meaning given in section 169.011, subdivision 40a.

Sec. 16.

Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:

Subd. 2.

Ordinance.

The ordinance shall designate the roadways, prescribe the
form of the application for the permit, require evidence of insurance complying with the
provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent
with the provisions of this section, under which a permit may be granted. Permits may be
granted for a period deleted text begin of deleted text end not to exceed deleted text begin one year deleted text end new text begin three years new text end , and may be deleted text begin annually deleted text end renewed.
A permit may be revoked at any time if there is evidence that the permittee cannot safely
operate the motorized golf cart, deleted text begin four-wheel deleted text end all-terrain vehicle, or mini truck on the
designated roadways. The ordinance may require, as a condition to obtaining a permit,
that the applicant submit a certificate signed by a physician that the applicant is able
to safely operate a motorized golf cart, deleted text begin four-wheel deleted text end all-terrain vehicle, or mini truck on
the roadways designated.

Sec. 17.

Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:

Subd. 3.

Times of operation.

Motorized golf carts and deleted text begin four-wheel deleted text end all-terrain
vehicles may only be operated on designated roadways from sunrise to sunset new text begin , unless
equipped with original equipment headlights, taillights, and rear-facing brake lights new text end .
They shall not be operated in inclement weather new text begin , except during emergency conditions as
provided in the ordinance, new text end or when visibility is impaired by weather, smoke, fog or other
conditions, or at any time when there is insufficient deleted text begin light deleted text end new text begin visibility new text end to clearly see persons
and vehicles on the roadway at a distance of 500 feet.

Sec. 18.

Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:

Subd. 5.

Crossing intersecting highways.

The operator, under permit, of a
motorized golf cart, deleted text begin four-wheel deleted text end all-terrain vehicle, or mini truck may cross any street or
highway intersecting a designated roadway.

Sec. 19.

Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:

Subd. 6.

Application of traffic laws.

Every person operating a motorized golf cart,
deleted text begin four-wheel deleted text end all-terrain vehicle, or mini truck under permit on designated roadways has all
the rights and duties applicable to the driver of any other vehicle under the provisions of
this chapter, except when those provisions cannot reasonably be applied to motorized golf
carts, deleted text begin four-wheel deleted text end all-terrain vehicles, or mini trucks and except as otherwise specifically
provided in subdivision 7.

Sec. 20.

Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:

Subd. 7.

Nonapplication of certain laws.

The provisions of chapter 171 are
applicable to persons operating mini trucks, but are not applicable to persons operating
motorized golf carts or deleted text begin four-wheel deleted text end all-terrain vehicles under permit on designated
roadways pursuant to this section. Except for the requirements of section 169.70, the
provisions of this chapter relating to equipment on vehicles are not applicable to motorized
golf carts or four-wheel all-terrain vehicles operating, under permit, on designated
roadways.

Sec. 21.

Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:

Subd. 8.

Insurance.

In the event persons operating a motorized golf cart, deleted text begin four-wheel deleted text end
all-terrain vehicle, or mini truck under this section cannot obtain liability insurance in
the private market, that person may purchase automobile insurance, including no-fault
coverage, from the Minnesota Automobile Insurance Plan under sections 65B.01 to
65B.12, at a rate to be determined by the commissioner of commerce.

Sec. 22.

Minnesota Statutes 2010, section 239.791, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Exemption for recreational vehicle manufacturer. new text end

new text begin A person
responsible for the product may offer for sale, sell, or dispense gasoline that is not
oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively
for research and development by a manufacturer of snowmobiles, all-terrain vehicles,
motorcycles, or recreational vehicles.
new text end