HF 2541

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

A bill for an act
relating to natural resources; modifying regulation of
all-terrain vehicles; amending Minnesota Statutes
2004, sections 84.92, subdivision 8, by adding
subdivisions; 84.9256, subdivision 1; 84.9257; 84.928,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 84.92,
subdivision 8, is amended to read:

Subd. 8.

All-terrain vehicle new text begin or vehicle new text end .

"All-terrain
vehicle" or "vehicle" means a motorized flotation-tired vehicle
of not less than three low pressure tires, but not more than six
tires, that is limited in engine displacement of less than 800
cubic centimeters and deleted text begin total dry weight less than 900 pounds deleted text end
new text begin includes a class 1 all-terrain vehicle and class 2 all-terrain
vehicle new text end .

Sec. 2.

Minnesota Statutes 2004, section 84.92, is amended
by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Class 1 all-terrain vehicle. new text end

new text begin "Class 1
all-terrain vehicle" means an all-terrain vehicle that has a
total dry weight of less than 900 pounds. new text end

Sec. 3.

Minnesota Statutes 2004, section 84.92, is amended
by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Class 2 all-terrain vehicle. new text end

new text begin "Class 2
all-terrain vehicle" means an all-terrain vehicle that has a
total dry weight of 900 to 1,500 pounds. new text end

Sec. 4.

Minnesota Statutes 2004, section 84.9256,
subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a)
Except for operation on public road rights-of-way that is
permitted under section 84.928, a driver's license issued by the
state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or
waters.

(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may
make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands
and waters, only if that person possesses a valid all-terrain
vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years
of age or older who holds a valid driver's license.

(d) All-terrain vehicle safety certificates issued by the
commissioner to persons 12 years old, but less than 16 years
old, are not valid for machines in excess of 90cc engine
capacity unless:

(1) the person successfully completed the safety education
and training program under section 84.925, subdivision 1,
including a riding component;

(2) the riding component of the training was conducted
using an all-terrain vehicle with over 90cc engine capacity; and

(3) the person is able to properly reach and control the
handle bars and reach the foot pegs while sitting upright on the
seat of the all-terrain vehicle.

new text begin (e) A person under 16 years of age shall not operate a
class 2 all-terrain vehicle. new text end

Sec. 5.

Minnesota Statutes 2004, section 84.9257, is
amended to read:

84.9257 PASSENGERS.

(a) A parent or guardian may operate deleted text begin an deleted text end new text begin a class 1 new text end
all-terrain vehicle carrying one passenger who is under 16 years
of age and who wears a safety helmet approved by the
commissioner of public safety.

(b) For the purpose of this section, "guardian" means a
legal guardian of a person under age 16, or a person 18 or older
who has been authorized by the parent or legal guardian to
supervise the person under age 16.

new text begin (c) An operator of a class 2 all-terrain vehicle may carry
one passenger. new text end

Sec. 6.

Minnesota Statutes 2004, section 84.928, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Class 2 vehicles. new text end

new text begin (a) Except as provided in
paragraph (b), operation of class 2 all-terrain vehicles on
public lands is limited to forest roads and minimum maintenance
roads. new text end

new text begin (b) On forest lands classified as managed or limited, a
class 2 all-terrain vehicle may be operated off forest roads
when lawfully: new text end

new text begin (1) engaged in hunting big game or constructing hunting
stands during October, November, and December; new text end

new text begin (2) retrieving big game during September; or new text end

new text begin (3) trapping during open seasons. new text end