SF 973

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; modifying definition of 
  1.3             registered owner of motor vehicle; regulating 
  1.4             temporary registration permits for vehicles; modifying 
  1.5             registration renewal notice procedures; modifying 
  1.6             procedures relating to vehicle transactions with 
  1.7             dealers; clarifying regulatory responsibilities for 
  1.8             vehicle insurance; requiring trucks weighing over 
  1.9             10,000 pounds to submit to weighing; making clarifying 
  1.10            changes; amending Minnesota Statutes 2002, sections 
  1.11            168.011, subdivision 5a; 168.09, subdivision 7; 
  1.12            168.11, subdivision 3; 168.187, by adding a 
  1.13            subdivision; 168A.11; 169.798, subdivision 1; 169.85, 
  1.14            subdivision 1. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2002, section 168.011, 
  1.17  subdivision 5a, is amended to read: 
  1.18     Subd. 5a.  [REGISTERED OWNER.] "Registered owner" means any 
  1.19  person, firm, association, or corporation, other than a secured 
  1.20  party, having title to a motor vehicle.  If a passenger 
  1.21  automobile, as defined in subdivision 7, is under lease for a 
  1.22  term of 180 days or more, the lessee is deemed to be the 
  1.23  registered owner, for purposes of registration only, provided 
  1.24  that the application for renewal of the registration of a 
  1.25  passenger automobile described in this subdivision shall be sent 
  1.26  to the lessor. 
  1.27     Sec. 2.  Minnesota Statutes 2002, section 168.09, 
  1.28  subdivision 7, is amended to read: 
  1.29     Subd. 7.  [DISPLAY OF TEMPORARY PERMIT; SPECIAL PLATES.] 
  1.30  (a) A vehicle that displays a special plate issued under section 
  2.1   168.021; 168.12, subdivision 2, 2a, 2b, 2c, or 2d; 168.123; 
  2.2   168.124; 168.125; 168.126; 168.128; or 168.129 may this chapter 
  2.3   must display a temporary permit in conjunction with expired 
  2.4   registration if: 
  2.5      (1) the current registration tax and all other fees have 
  2.6   been paid in full; and 
  2.7      (2) the plate requires replacement under section 168.12, 
  2.8   subdivision 1, paragraph (b), clause (3) the current 
  2.9   registration tax and all other fees have been paid in full. 
  2.10     (b) A vehicle that is registered under section 168.10 may 
  2.11  display a temporary permit in conjunction with expired 
  2.12  registration, with or without a registration license plate, if: 
  2.13     (1) the license plates have been applied for and the 
  2.14  registration tax has been paid in full, as provided for in 
  2.15  section 168.10; and 
  2.16     (2) the vehicle is used solely as a collector vehicle while 
  2.17  displaying the temporary permit and not used for general 
  2.18  transportation purposes. 
  2.19     (c) A vehicle must display the temporary permit without any 
  2.20  license plate if: 
  2.21     (1) the vehicle is newly registered in the state and the 
  2.22  owner has applied for a special plate issued under this chapter 
  2.23  and paid all current registration taxes and fees; or 
  2.24     (2) the vehicle is currently registered and one or more of 
  2.25  the license plates has been lost and the vehicle currently 
  2.26  displays or has applied to display a special plate issued under 
  2.27  this chapter. 
  2.28     (d) The permit is valid for a period of 60 30 days and can 
  2.29  be renewed for additional 30-day periods if required.  The 
  2.30  permit must be in a form prescribed by the commissioner of 
  2.31  public safety and whenever practicable must be posted upon the 
  2.32  driver's side of the rear window on the inside of the vehicle.  
  2.33  The permit is valid only for the vehicle for which it was issued 
  2.34  to allow a reasonable time for the new license plates to be 
  2.35  manufactured and delivered to the applicant. 
  2.36     Sec. 3.  Minnesota Statutes 2002, section 168.11, 
  3.1   subdivision 3, is amended to read: 
  3.2      Subd. 3.  [RENEWAL.] (a) If the registrar fails to mail to 
  3.3   the registered owner of a motor vehicle a notification of 
  3.4   renewal for the motor vehicle at least 30 days before the 
  3.5   expiration of the vehicle's registration, and all past due taxes 
  3.6   and fees have been paid, the registrar must provide at no charge 
  3.7   a written statement to that effect to the registered owner at 
  3.8   the owner's request.  The registrar must retain in the 
  3.9   registrar's files a record sufficient to demonstrate whether any 
  3.10  owner of a registered motor vehicle has been notified by mail of 
  3.11  the renewal of the registration. 
  3.12     (b) Unless notified otherwise, the registrar shall send 
  3.13  registration notices for leased vehicles to the lessor.  At the 
  3.14  election of the lessor and upon written notice to the registrar, 
  3.15  the registrar shall send the renewal notices for all of the 
  3.16  lessor's leased vehicles directly to their registered owners as 
  3.17  defined in section 168.011, subdivision 5a. 
  3.18     Sec. 4.  Minnesota Statutes 2002, section 168.187, is 
  3.19  amended by adding a subdivision to read: 
  3.20     Subd. 27.  [WHEN REGISTRATION PROHIBITED; PROHIBITION 
  3.21  RESCINDED.] (a) The registrar or designee shall not allow a 
  3.22  vehicle to be registered, shall not issue a license plate, and 
  3.23  shall not issue any permit for a vehicle licensed under this 
  3.24  section if the vehicle is owned by or assigned to a commercial 
  3.25  motor carrier who is under an operations out-of-service order 
  3.26  issued by an agency of the federal government with authority to 
  3.27  take that action under federal law or regulation. 
  3.28     (b) The registrar or designee may suspend, revoke, or 
  3.29  remove the vehicle registration license plate or vehicle 
  3.30  registration permit to a vehicle licensed under this section if 
  3.31  the vehicle is assigned to a commercial motor carrier who is 
  3.32  under an operations out-of-service order issued by an agency of 
  3.33  the federal government with authority to take that action under 
  3.34  federal law or regulation. 
  3.35     (c) If the operations out-of-service order issued by the 
  3.36  federal agency is rescinded, the registrar may reinstate vehicle 
  4.1   registration under this section; provided that registration 
  4.2   taxes and fees have been paid. 
  4.3      Sec. 5.  Minnesota Statutes 2002, section 168A.11, is 
  4.4   amended to read: 
  4.5      168A.11 [PURCHASE OF VEHICLE BY DEALER.] 
  4.6      Subdivision 1.  [APPLICATION UPON SUBSEQUENT TRANSFER.] (a) 
  4.7   If A dealer who buys a vehicle and, holds it for resale and 
  4.8   procures the certificate of title from the owner, and complies 
  4.9   with subdivision 2 hereof, the dealer need not apply for a 
  4.10  certificate of title, but unless applying for salvage title as 
  4.11  required by section 168A.151.  Upon transferring the vehicle to 
  4.12  another person, other than by the creation of a security 
  4.13  interest, the dealer shall promptly execute the assignment and 
  4.14  warranty of title by a dealer, showing the names and addresses 
  4.15  of the transferee and of any secured party holding a security 
  4.16  interest created or reserved at the time of the resale, and the 
  4.17  date of the security agreement in the spaces provided therefor 
  4.18  on the certificate or secure reassignment.  
  4.19     (b) With respect to For motor vehicles subject to the 
  4.20  provisions of section 325E.15, the dealer shall also, in the 
  4.21  space provided therefor on the certificate or secure 
  4.22  reassignment, state (1) the true cumulative mileage registered 
  4.23  on the odometer or (2) that the exact mileage is unknown if the 
  4.24  odometer reading is known by the transferor to be different from 
  4.25  the true mileage.  
  4.26     (c) The transferee shall complete the application for title 
  4.27  section on the certificate of title or separate title 
  4.28  application form prescribed by the department.  The dealer shall 
  4.29  mail or deliver the certificate to the registrar or deputy 
  4.30  registrar with the transferee's application for a new 
  4.31  certificate and appropriate taxes and fees, within ten business 
  4.32  days.  For a vehicle sold to a nonresident and not required by 
  4.33  law to be registered in this state, the dealer shall remove any 
  4.34  license plates from the vehicle and notify the registrar 
  4.35  electronically within 48 hours of the sale.  The registrar shall 
  4.36  issue an electronic receipt that may be printed and used as a 
  5.1   31-day temporary permit without charge, notwithstanding section 
  5.2   168.091.  The dealer may provide to the purchaser all documents 
  5.3   necessary to effect transfer of ownership. 
  5.4      Subd. 2.  [PURCHASE RECEIPT NOTICE TO REGISTRAR.] A dealer, 
  5.5   On buying a vehicle for which the seller does not present a 
  5.6   certificate of title, shall at the time that is titled or 
  5.7   registered in Minnesota, a dealer, within 48 hours of taking 
  5.8   delivery of the vehicle execute a purchase receipt for the 
  5.9   vehicle in a format designated by the department, and deliver a 
  5.10  copy to the seller.  In a format and at a time prescribed by the 
  5.11  registrar, the dealer, shall notify the registrar that the 
  5.12  vehicle is being held for resale by the dealer electronically. 
  5.13     Subd. 3.  [RECORDS.] Every dealer shall maintain for three 
  5.14  years at an established place of business a record in the form 
  5.15  the department prescribes of every vehicle bought, sold, or 
  5.16  exchanged, or received for sale or exchange, which shall must be 
  5.17  open to inspection by a representative of the department or 
  5.18  peace officer during reasonable business hours.  With respect to 
  5.19  For motor vehicles subject to the provisions of section 325E.15, 
  5.20  the record shall must include either the true mileage as stated 
  5.21  by the previous owner or the fact that the previous owner stated 
  5.22  the actual cumulative mileage was unknown; the record also shall 
  5.23  must include either the true mileage the dealer stated upon 
  5.24  transferring the vehicle or the fact the dealer stated the 
  5.25  mileage was unknown. 
  5.26     Sec. 6.  Minnesota Statutes 2002, section 169.798, 
  5.27  subdivision 1, is amended to read: 
  5.28     Subdivision 1.  [AUTHORITY.] The commissioner of public 
  5.29  safety shall have the power and perform the duties imposed by 
  5.30  sections 65B.41 to 65B.71, this section, and sections 169.797 
  5.31  and 169.799, and may adopt rules to implement and provide 
  5.32  effective administration of the provisions requiring security 
  5.33  and governing termination of security. 
  5.34     Sec. 7.  Minnesota Statutes 2002, section 169.85, 
  5.35  subdivision 1, is amended to read: 
  5.36     Subdivision 1.  [DRIVER TO STOP FOR WEIGHING.] (a) The 
  6.1   driver of a vehicle that has been lawfully stopped may be 
  6.2   required by an officer to submit the vehicle and load to a 
  6.3   weighing by means of portable or stationary scales.  
  6.4      (b) In addition, the officer may require that the vehicle 
  6.5   be driven to the nearest available scales, but only if: 
  6.6      (1) the distance to the scales is no further than five 
  6.7   miles, or if the distance from the point where the vehicle is 
  6.8   stopped to the vehicle's destination is not increased by more 
  6.9   than ten miles as a result of proceeding to the nearest 
  6.10  available scales; and 
  6.11     (2) if the vehicle is a commercial motor vehicle, no more 
  6.12  than two other commercial motor vehicles are waiting to be 
  6.13  inspected at the scale.  
  6.14     (c) Official traffic control devices as authorized by 
  6.15  section 169.06 may be used to direct the driver to the nearest 
  6.16  scale.  
  6.17     (d) When a truck weight enforcement operation is conducted 
  6.18  by means of portable or stationary scales and signs giving 
  6.19  notice of the operation are posted within the highway 
  6.20  right-of-way and adjacent to the roadway within two miles of the 
  6.21  operation, the driver of a truck or combination of vehicles 
  6.22  registered for or weighing in excess of 12,000 10,000 pounds 
  6.23  shall proceed to the scale site and submit the vehicle to 
  6.24  weighing and inspection.