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Minnesota Legislature

Office of the Revisor of Statutes

HF 3014

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 08:50am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to motor vehicles; establishing regulations for autocycles; amending
Minnesota Statutes 2014, sections 169.011, subdivision 44, by adding a
subdivision; 169.686, subdivision 1; 169.974, subdivisions 2, 3, 4, 5; 171.01, by
adding a subdivision; 171.02, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 169.011, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Autocycle. new text end

new text begin "Autocycle" means a motorcycle that:
new text end

new text begin (1) has three wheels in contact with the ground;
new text end

new text begin (2) is designed with seating that does not require operators or any occupants to
straddle or sit astride it;
new text end

new text begin (3) has a steering wheel;
new text end

new text begin (4) is equipped with antilock brakes; and
new text end

new text begin (5) is originally manufactured to meet federal motor vehicle safety standards for
motorcycles in Code of Federal Regulations, title 49, part 571, and successor requirements.
new text end

Sec. 2.

Minnesota Statutes 2014, section 169.011, subdivision 44, is amended to read:


Subd. 44.

Motorcycle.

"Motorcycle" means every motor vehicle having a seat or
saddle for the use of the rider and designed to travel on not more than three wheels in
contact with the ground, including motor scootersnew text begin and autocyclesnew text end. Motorcycle does not
include (1) motorized bicycles as defined in subdivision 45, (2) electric-assisted bicycles
as defined in subdivision 27, or (3) a tractor.

Sec. 3.

Minnesota Statutes 2014, section 169.686, subdivision 1, is amended to read:


Subdivision 1.

Seat belt requirement.

(a) Except as provided in section 169.685, a
properly adjusted and fastened seat belt, including both the shoulder and lap belt when
the vehicle is so equipped, shall be worn by the driver and passengers of a passenger
vehicle, commercial motor vehicle, type III vehicle, and type III Head Start vehicle.new text begin
Notwithstanding the equipment exemption in section 169.685, subdivision 1, this
paragraph applies to the driver and passengers of an autocycle equipped with seat belts.
new text end

(b) A person who is 15 years of age or older and who violates paragraph (a) is
subject to a fine of $25. The driver of the vehicle in which a violation occurs is subject to
a $25 fine for each violation of paragraph (a) by the driver or by a passenger under the
age of 15, but the court may not impose more than one surcharge under section 357.021,
subdivision 6
, on the driver. The Department of Public Safety shall not record a violation
of this subdivision on a person's driving record.

Sec. 4.

Minnesota Statutes 2014, section 169.974, subdivision 2, is amended to read:


Subd. 2.

License endorsement and permit requirements.

(a) No person shall
operate a motorcycle on any street or highway without having a valid deleted text beginstandarddeleted text end driver's
license with a two-wheeled vehicle endorsement as provided by law.new text begin A person may
operate an autocycle without a two-wheeled vehicle endorsement, provided the person
has a valid driver's license issued under section 171.02.
new text end

new text begin (b)new text end The commissioner of public safety shall issue a two-wheeled vehicle
endorsement only if the applicant (1) has in possession a valid two-wheeled vehicle
instruction permit as provided in paragraph deleted text begin(b)deleted text endnew text begin (c)new text end, (2) has passed a written examination
and road test administered by the Department of Public Safety for the endorsement, and
(3) in the case of applicants under 18 years of age, presents a certificate or other evidence
of having successfully completed an approved two-wheeled vehicle driver's safety course
in this or another state, in accordance with rules adopted by the commissioner of public
safety for courses offered by a public, private, or commercial school or institute. The
commissioner of public safety may waive the road test for any applicant on determining
that the applicant possesses a valid license to operate a two-wheeled vehicle issued by a
jurisdiction that requires a comparable road test for license issuance.

deleted text begin (b)deleted text endnew text begin (c)new text end The commissioner of public safety shall issue a two-wheeled vehicle
instruction permit to any person over 16 years of age who (1) is in possession of a valid
driver's license, (2) is enrolled in an approved two-wheeled vehicle driver's safety course,
and (3) has passed a written examination for the permit and paid a fee prescribed by the
commissioner of public safety. A two-wheeled vehicle instruction permit is effective for
one year and may be renewed under rules prescribed by the commissioner of public safety.

deleted text begin (c)deleted text endnew text begin (d)new text end No person who is operating by virtue of a two-wheeled vehicle instruction
permit shall:

(1) carry any passengers on the streets and highways of this state on the motorcycle
while the person is operating the motorcycle;

(2) drive the motorcycle at night;

(3) drive the motorcycle on any highway marked as an interstate highway pursuant
to title 23 of the United States Code; or

(4) drive the motorcycle without wearing protective headgear that complies with
standards established by the commissioner of public safety.

deleted text begin (d)deleted text endnew text begin (e)new text end Notwithstanding deleted text beginparagraph (a), (b), or (c)deleted text endnew text begin paragraphs (a) to (d)new text end, the
commissioner of public safety may issue a special motorcycle permit, restricted or
qualified as the commissioner of public safety deems proper, to any person demonstrating
a need for the permit and unable to qualify for a deleted text beginstandarddeleted text end driver's license.

Sec. 5.

Minnesota Statutes 2014, section 169.974, subdivision 3, is amended to read:


Subd. 3.

Vehicle equipment.

(a) Any motorcycle with a seat designed or suited for
use by a passenger deleted text beginshalldeleted text endnew text begin mustnew text end be equipped with footrests new text beginor floorboards new text endfor the passenger.

new text begin (b)new text end No person shall operate any motorcycle on the streets and highways deleted text beginafter January
1, 1971,
deleted text end unless such motorcycle is equipped withnew text begin:
new text end

new text begin (1)new text end at least one rear view mirror so attached and adjusted as to reflect to the operator
a view of the roadway for a distance of at least 200 feet to the rear of the motorcyclenew text begin;
new text endand deleted text beginis equipped with
deleted text end

new text begin (2)new text end not less than one horn deleted text beginwhich shall bedeleted text endnew text begin that isnew text end audible at a distance of at least
200 feet under normal conditions.

deleted text begin (b)deleted text endnew text begin (c)new text end All other applicable provisions of this chapter pertaining to motorcycle and
other motor vehicle equipment shall apply to motorcycles, except those which by their
nature have no application.

Sec. 6.

Minnesota Statutes 2014, section 169.974, subdivision 4, is amended to read:


Subd. 4.

Equipment for operator and passenger.

(a) No person under the age of 18
shall operate or ride a motorcycle on the streets and highways of this state without wearing
protective headgear that complies with standards established by the commissioner of public
safety; and no person shall operate a motorcycle without wearing an eye-protective device.

(b) The provisions of this subdivision deleted text beginshalldeleted text endnew text begin donew text end not apply tonew text begin (1)new text end persons during their
participation in a parade for which parade a permit or other official authorization has been
granted by a local governing body or other governmental authoritynew text begin,new text end or deleted text begintodeleted text endnew text begin (2)new text end persons
riding within an enclosed cabnew text begin autocyclenew text end.

Sec. 7.

Minnesota Statutes 2014, section 169.974, subdivision 5, is amended to read:


Subd. 5.

Driving rules.

(a) An operator of a motorcycle deleted text beginshalldeleted text endnew text begin mustnew text end ride only upon a
permanent and regular seat which is attached to the vehicle for that purpose. No other
person shall ride on a motorcycledeleted text begin;deleted text endnew text begin,new text end except that passengers may ridenew text begin (1)new text end upon a permanent
and regular operator's seat if designed for two persons, deleted text beginordeleted text endnew text begin (2)new text end upon additional seats
attached tonew text begin or innew text end the vehicle deleted text beginto the rear of the operator's seatdeleted text end, ornew text begin (3)new text end in a sidecar attached
to the vehicledeleted text begin; provided, however, thatdeleted text endnew text begin.new text end The operator of a motorcycle deleted text beginshall not carrydeleted text endnew text begin is
prohibited from carrying
new text end passengers in a number in excess of the designed capacity of the
motorcycle or sidecar attached to it. deleted text beginNodeleted text endnew text begin Anew text end passenger deleted text beginshall bedeleted text endnew text begin is prohibited from being
new text endcarried in a position that deleted text beginwill interferedeleted text endnew text begin interferesnew text end with the safe operation of the motorcycle
or the view of the operator.

(b) No person shall ride upon a motorcycle as a passenger unlessdeleted text begin, when sitting
astride the seat,
deleted text end the person can reach the footrests new text beginor floorboards new text endwith both feet.

(c) deleted text beginNo person,deleted text end Exceptnew text begin fornew text end passengers of sidecarsdeleted text begin ordeleted text endnew text begin,new text end drivers and passengers of
three-wheeled motorcycles,new text begin and persons in an autocycle, no personnew text end shall operate or ride
upon a motorcycle except while sitting astride the seat, facing forward, with one leg
on either side of the motorcycle.

(d) No person shall operate a motorcycle while carrying animals, packages, bundles,
or other cargo which prevent the person from keeping both hands on the handlebars.

(e) No person shall operate a motorcycle between lanes of moving or stationary
vehicles headed in the same direction, nor shall any person drive a motorcycle abreast of
or overtake or pass another vehicle within the same traffic lanedeleted text begin, except thatdeleted text endnew text begin.new text end Motorcycles
may, with the consent of both drivers, be operated not more than two abreast in a single
traffic lanenew text begin if the vehicles fit safely within the designated space of the lanenew text end.

(f) Motor vehicles including motorcycles are entitled to the full use of a traffic lane
and no motor vehicle may be driven or operated in a manner so as to deprive a motorcycle
of the full use of a traffic lane.

(g) A person operating a motorcycle upon a roadway must be granted the rights and
is subject to the duties applicable to a motor vehicle as provided by law, except as to those
provisions which by their nature can have no application.

(h) Paragraph (e) of this subdivision does not apply to police officers in the
performance of their official duties.

(i) No person shall operate a motorcycle on a street or highway unless the headlight
or headlights are lighted at all times the motorcycle is so operated.

(j) A person parking a motorcycle on the roadway of a street or highway must:

(1) if parking in a marked parking space, park the motorcycle completely within the
marked space; and

(2) park the motorcycle in such a way that the front of the motorcycle is pointed or
angled toward the nearest lane of traffic to the extent practicable and necessary to allow
the operator to (i) view any traffic in both directions of the street or highway without
having to move the motorcycle into a lane of traffic and without losing balance or control
of the motorcycle, and (ii) ride the motorcycle forward and directly into a lane of traffic
when the lane is sufficiently clear of traffic.

Sec. 8.

Minnesota Statutes 2014, section 171.01, is amended by adding a subdivision
to read:


new text begin Subd. 18a. new text end

new text begin Autocycle. new text end

new text begin "Autocycle" has the meaning given in section 169.011,
subdivision 3a.
new text end

Sec. 9.

Minnesota Statutes 2014, section 171.02, subdivision 2, is amended to read:


Subd. 2.

Driver's license classifications, endorsements, exemptions.

(a) Drivers'
licenses are classified according to the types of vehicles that may be driven by the holder
of each type or class of license. The commissioner may, as appropriate, subdivide the
classes listed in this subdivision and issue licenses classified accordingly.

(b) Except as provided in deleted text beginparagraph (c), clauses (1) and (2),deleted text endnew text begin this subdivisionnew text end and
subdivision 2a, no class of license is valid to operate a motorcycle, school bus, tank
vehicle, double-trailer or triple-trailer combination, vehicle transporting hazardous
materials, or bus, unless so endorsed. There are four general classes of licenses as
described in paragraphs (c) through (f).

(c) Class D drivers' licenses are valid for:

(1) operating all farm trucks if the farm truck is:

(i) controlled and operated by a farmer, including operation by an immediate family
member or an employee of the farmer;

(ii) used to transport agricultural products, farm machinery, or farm supplies,
including hazardous materials, to or from a farm;

(iii) not used in the operations of a common or contract motor carrier as governed by
Code of Federal Regulations, title 49, part 365; and

(iv) used within 150 miles of the farm;

(2) notwithstanding paragraph (b), operating an authorized emergency vehicle, as
defined in section 169.011, subdivision 3, whether or not in excess of 26,000 pounds
gross vehicle weight;

(3) operating a recreational vehicle as defined in section 168.002, subdivision 27,
that is operated for personal use;

(4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
the driver, and vehicles that carry hazardous materials;

(5) notwithstanding paragraph (d), operating a type A school bus or a multifunction
school activity bus without a school bus endorsement if the requirements of subdivision 2a
are satisfied, as determined by the commissioner;

(6) operating any vehicle or combination of vehicles when operated by a licensed
peace officer while on duty;

(7) towing vehicles if:

(i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or

(ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
the combination of vehicles has a gross vehicle weight of 26,000 pounds or less; deleted text beginand
deleted text end

(8) operating a covered farm vehicle as defined in Code of Federal Regulations,
title 49, section 390.5, that is not carrying hazardous materials of a type or quantity that
requires the vehicle to be placarded in accordance with Code of Federal Regulations, title
49, section 172.504deleted text begin.deleted text endnew text begin; and
new text end

new text begin (9) operating an autocycle.
new text end

(d) Class C drivers' licenses are valid for:

(1) operating class D motor vehicles;

(2) with a hazardous materials endorsement, operating class D vehicles to transport
hazardous materials;

(3) with a passenger endorsement, operating buses; and

(4) with a passenger endorsement and school bus endorsement, operating school
buses.

(e) Class B drivers' licenses are valid for:

(1) operating all class C motor vehicles, class D motor vehicles, and all other
single-unit motor vehicles including, with a passenger endorsement, buses; and

(2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.

(f) Class A drivers' licenses are valid for operating any vehicle or combination of
vehicles.