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HF 1283

as introduced - 87th Legislature (2011 - 2012) Posted on 03/23/2011 09:41am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; modifying operating provisions for certain
recreational vehicles; providing for dual registration of certain motorcycles;
modifying special vehicle use on roadways; amending Minnesota Statutes 2010,
sections 84.777, subdivision 2; 84.788, by adding a subdivision; 84.9257;
168.002, subdivision 18; 168A.085; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8.

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 beginThe 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: (1)
outside of the seasons prescribed under this paragraph; or (2) 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.

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 beginonly new text endone passenger.

(b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
carrying deleted text beginadeleted text endnew text begin only onenew 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. 4.

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. 5.

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


168A.085 APPLICATION FOR TITLE deleted text beginOR REGISTRATIONdeleted text end, CERTAIN
CASES.

Subdivision 1.

Limitations.

No application for certificate of title deleted text beginor registrationdeleted 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 beginand 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. 6.

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 beginfour-wheeldeleted 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 beginfour-wheeldeleted text end all-terrain vehicle, or mini truck is by permit only. For
purposes of this section, deleted text begina four-wheeldeleted text endnew text begin annew text end all-terrain vehicle deleted text beginis 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 endnew 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. 7.

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 beginofdeleted text end not to exceed deleted text beginone yeardeleted text endnew text begin three yearsnew text end, and may be deleted text beginannuallydeleted 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 beginfour-wheeldeleted 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 beginfour-wheeldeleted text end all-terrain vehicle, or mini truck on
the roadways designated.

Sec. 8.

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


Subd. 3.

Times of operation.

Motorized golf carts and deleted text beginfour-wheeldeleted text end all-terrain
vehicles may only be operated on designated roadways from sunrise to sunsetnew text begin, unless
equipped with original equipment headlights, taillights, and rear-facing brake lights
new text end.
They shall not be operated in inclement weathernew 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 beginlightdeleted text endnew text begin visibilitynew text end to clearly see persons
and vehicles on the roadway at a distance of 500 feet.

Sec. 9.

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 beginfour-wheeldeleted text end all-terrain vehicle, or mini truck may cross any street or
highway intersecting a designated roadway.

Sec. 10.

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-wheeldeleted 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 beginfour-wheeldeleted text end all-terrain vehicles, or mini trucks and except as otherwise specifically
provided in subdivision 7.

Sec. 11.

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 beginfour-wheeldeleted 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. 12.

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 beginfour-wheeldeleted 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.