HF 4350

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 04:34pm

A bill for an act
relating to transportation; establishing registration and operation requirements for
roadable aircraft; establishing criminal penalties; amending Minnesota Statutes
2022, sections 168.002, subdivision 18; 168.12, subdivision 1; 169.011,
subdivisions 3a, 44, by adding a subdivision; 360.013, by adding a subdivision;
360.075, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 168; 169.

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

Section 1.

Minnesota Statutes 2022, 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.

(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 a snowmobile; a manufactured home; a park trailer;
an electric personal assistive mobility device as defined in section 169.011, subdivision 26;
a motorized foot scooter as defined in section 169.011, subdivision 46; or an electric-assisted
bicycle as defined in section 169.011, subdivision 27.

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

new text begin (f) "Motor vehicle" includes a roadable aircraft as defined in section 169.011, subdivision
67a.
new text end

Sec. 2.

Minnesota Statutes 2022, 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.

(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.

(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.

(e) 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.

(f) 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 sections 168.123, 168.1235, and
168.1255 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.

(g) 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.

(h) 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.

new text begin (i) In lieu of plates required under this section, the commissioner must issue registration
decals as provided in section 168.24 for roadable aircraft operating on public roadways.
new text end

Sec. 3.

new text begin [168.24] ROADABLE AIRCRAFT REGISTRATION.
new text end

new text begin (a) For purposes of this section, "roadable aircraft" has the meaning given in section
360.013, subdivision 57c.
new text end

new text begin (b) An owner of a roadable aircraft must comply with all rules and requirements of this
chapter and chapter 168A governing the titling, registration, taxation, and insurance of
motor vehicles.
new text end

new text begin (c) A person seeking to register a roadable aircraft for operation as a motor vehicle on
public roadways in Minnesota must apply to the commissioner. The application must contain:
new text end

new text begin (1) the name and address of the owner of the roadable aircraft;
new text end

new text begin (2) the federally issued tail number assigned to the aircraft;
new text end

new text begin (3) the make and model of the roadable aircraft; and
new text end

new text begin (4) any other information the commissioner may require.
new text end

new text begin (d) Upon receipt of a valid and complete application for registration of a roadable aircraft,
the commissioner must issue a certificate of registration. The commissioner must also issue
two decals to the owner of the roadable aircraft for placement on the front and rear of the
roadable aircraft. The decal must contain:
new text end

new text begin (1) the state name;
new text end

new text begin (2) the make and model of the roadable aircraft; and
new text end

new text begin (3) the federally issued tail number assigned to the aircraft.
new text end

new text begin (e) The registration decals must be visibly affixed near the front and rear of the roadable
aircraft when in operation on public roadways in Minnesota. The rear decal must not hide,
obscure, or cover up the roadable aircraft's federally issued tail number.
new text end

new text begin (f) A valid registration certificate issued under this section must be located inside the
roadable aircraft when the aircraft is in operation on public roadways.
new text end

new text begin (g) A roadable aircraft registered as a motor vehicle under this section must also be
registered as an aircraft as provided in section 360.60.
new text end

Sec. 4.

Minnesota Statutes 2022, section 169.011, subdivision 3a, is amended to read:

Subd. 3a.

Autocycle.

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

(1) has three wheels in contact with the ground;

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

(3) has a steering wheel;

(4) is equipped with antilock brakes; and

(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 begin (b) An autocycle does not include a roadable aircraft as defined in subdivision 67a.
new text end

Sec. 5.

Minnesota Statutes 2022, 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 scooters and autocycles. Motorcycle does not include (1)
motorized bicycles as defined in subdivision 45, (2) electric-assisted bicycles as defined in
subdivision 27, deleted text begin or deleted text end (3) a tractor new text begin , or (4) roadable aircraft as defined in subdivision 67a new text end .

Sec. 6.

Minnesota Statutes 2022, section 169.011, is amended by adding a subdivision to
read:

new text begin Subd. 67a. new text end

new text begin Roadable aircraft. new text end

new text begin "Roadable aircraft" means any aircraft capable of taking
off and landing from a suitable airfield which is also designed to be driven as a conveyance
on public roadways as a motor vehicle as defined in subdivision 42.
new text end

Sec. 7.

new text begin [169.975] OPERATION OF ROADABLE AIRCRAFT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Aircraft" has the meaning given in section 360.013, subdivision 37.
new text end

new text begin (c) "Airport" has the meaning given in section 360.013, subdivision 39.
new text end

new text begin (d) "Restricted landing area" has the meaning given in section 360.013, subdivision 57.
new text end

new text begin Subd. 2. new text end

new text begin Operation. new text end

new text begin (a) A roadable aircraft is considered a motor vehicle when in
operation, including on public roadways, except when the vehicle is (1) at an airport, (2)
on a restricted landing area, or (3) in flight. When operating a roadable aircraft as a motor
vehicle, an operator must comply with all rules and requirements set forth in this chapter
governing the operation of a motor vehicle.
new text end

new text begin (b) When in operation at an airport, a restricted landing area, or in flight, a roadable
aircraft is considered an aircraft and the operator must comply with all rules and requirements
set forth in chapter 360. An owner of a roadable aircraft registered in Minnesota under this
chapter must comply with all rules and requirements of this chapter and chapter 360
governing the registration, taxation, and insurance of aircraft.
new text end

new text begin (c) A roadable aircraft may only take off or land at an approved airport or restricted
landing area.
new text end

new text begin Subd. 3. new text end

new text begin Equipment. new text end

new text begin (a) A roadable aircraft must not have extended wings or tail
components while in operation on public roadways.
new text end

new text begin (b) An operator of a roadable aircraft must not extend, swing, unfurl, open, or expand
the wings or tail components of the vehicle for flight while in operation on a public roadway.
new text end

new text begin (c) A violation of this subdivision is a misdemeanor. A second or subsequent violation
of this subdivision is a gross misdemeanor.
new text end

Sec. 8.

Minnesota Statutes 2022, section 360.013, is amended by adding a subdivision to
read:

new text begin Subd. 57c. new text end

new text begin Roadable aircraft. new text end

new text begin "Roadable aircraft" means any aircraft capable of taking
off and landing from a suitable airfield which is also designed to be driven on public
roadways as a motor vehicle.
new text end

Sec. 9.

Minnesota Statutes 2022, section 360.075, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

Every person who:

(1) operates an aircraft either on or over land or water in this state without the consent
of the owner of such aircraft;

(2) operates aircraft while in the possession of any federal license, certificate, or permit
or any certificate of registration issued by the Transportation Department of this state, or
displays, or causes or permits to be displayed, such federal license, certificate, or permit or
such state certificate of registration, knowing either to have been canceled, revoked,
suspended, or altered;

(3) lends to, or knowingly permits the use of by, one not entitled thereto of any federal
airman's or aircraft license, certificate, or permit, or any state airman's or aircraft certificate
of registration issued to that person;

(4) displays or represents as the person's own any federal airman's or aircraft license,
certificate, or permit or any state airman's or aircraft certificate of registration not issued to
that person;

(5) tampers with, climbs upon or into, makes use of, or navigates any aircraft without
the knowledge or consent of the owner or person having control thereof, whether while the
same is in motion or at rest, or hurls stones or any other missiles at aircraft, or the occupants
thereof, or otherwise damages or interferes with the same, or places upon any portion of
any airport any object, obstruction, or other device tending to injure aircraft or parts thereof;

(6) uses a false or fictitious name, gives a false or fictitious address, knowingly makes
any false statement or report, or knowingly conceals a material fact, or otherwise commits
a fraud in any application or form required under the provisions of sections 360.011 to
360.076, or by any rules or orders of the commissioner;

(7) operates any aircraft in such a manner as to indicate either a willful or a wanton
disregard for the safety of persons or property;

(8) carries on or over land or water in this state in an aircraft other than a public aircraft
any explosive substance except as permitted by the Federal Explosives Act, as amended by
Public Law 77-775;

(9) discharges a gun, pistol, or other weapon in or from any aircraft in this state except
as the hunting of certain wild animals from aircraft may be permitted by other laws of this
state, or unless the person is the pilot or officer in command of the aircraft or a peace officer
or a member of the military or naval forces of the United States, engaged in the performance
of duty;

(10) carries in any aircraft, other than a public aircraft, any shotgun, rifle, pistol, or small
arms ammunition except in the manner in which such articles may be lawfully carried in
motor vehicles in this state, or is a person excepted from the provisions of clause (9);

(11) engages in acrobatic or stunt flying without being equipped with a parachute and
without providing any other occupants of the aircraft with parachutes and requiring that
they be worn;

(12) while in flying over a thickly inhabited area or over a public gathering in this state,
engages in trick or acrobatic flying or in any acrobatic feat;

(13) except while in landing or taking off, flies at such low levels as to endanger persons
on the surface beneath, or engages in advertising through the playing of music or transcribed
or oral announcements, or makes any noise with any siren, horn, whistle, or other audible
device which is not necessary for the normal operation of the aircraft, except that sound
amplifying devices may be used in aircraft when operated by or under the authority of any
agency of the state or federal government for the purpose of giving warning or instructions
to persons on the ground;

(14) drops any object, except loose water, loose fuel, or loose sand ballast, without the
prior written consent of the commissioner of transportation and the prior written consent
of the municipality or property owner where objects may land; drops objects from an aircraft
that endanger person or property on the ground, or drops leaflets for any purpose whatsoever;
deleted text begin or
deleted text end

(15) while in flight in an aircraft, whether as a pilot, passenger, or otherwise, endangers,
kills, or attempts to kill any birds or animals or uses any aircraft for the purpose of
concentrating, driving, rallying, or stirring up migratory waterfowl; new text begin or
new text end

new text begin (16) while operating a roadable aircraft, takes off or lands the aircraft on a public road
unless under conditions of an emergency;
new text end

except as may be permitted by other laws of this state, shall be guilty of a misdemeanor.